Category Archives: civil litigation

Pardon of Former Peruvian President Fujimori Raises Legal Questions

President Pedro Pablo Kuczynski
Credit: Cobot156 via Wikimedia Commons

The Inter-American Commission on Human Rights (IACHR), two United Nations special rapporteurs, and one UN working group recently condemned Peruvian President Pedro Pablo Kuczynski’s decision to issue a humanitarian pardon on December 24, 2017 to former President Alberto Fujimori, who was convicted and sentenced in 2009 to 25 years in prison for murder, kidnapping, and crimes against humanity during his presidency; the IACHR and the UN human rights experts question whether the decision meets international human rights legal requirements, and asserts that it undermines the efforts of victims and witnesses who brought Fujimori to justice. [IACHR Press Release; OHCHR Press Release; HRW: Pardon] See Resolución Suprema No. 281-2017-JUS (2017) [Spanish Only]. The pardon, issued officially for humanitarian reasons due to Fujimori’s health, absolves Fujimori of his convictions and releases him from his sentence. [IACHR Press Release] Peru is obligated under international human rights law to investigate alleged rights violations and punish perpetrators, and not to implement pardons or amnesty laws that undermine the rights to a fair trial and to judicial protection. [IACHR Press Release; OHCHR Press Release]

Some Peruvians and UN experts believe that the pardon was politically motivated because of a potential connection between Fujimori’s pardon and the cancelled impeachment proceedings against President Kuczynski; the impeachment proceedings were dropped just three days after the impeachment hearing of President Kuczynski, who survived a removal vote with the help of a 10-person coalition that crossed party lines to abstain from the removal vote, led by Fujimori’s son Kenji Fujimori. Seven of the 10 lawmakers communicated with Fujimori leading up to the vote. [Reuters; HRW: Pardon; OHCHR Press Release] President Kuczynski’s decision triggered street protests and unrest in Peru. [OHCHR Press Release; Guardian: Pardon] Read more

News Clips- March 10, 2017

Protesters march on International Women’s Day in Barcelona
Credit: Sarahmirk via Wikimedia Commons

Civil Society

  • On Wednesday, to mark International Women’s Day, women demonstrated around the world for equality. [Reuters]
  • On Tuesday, in Argentina tens of thousands joined in a march protesting job cuts and other policies initiated under President Mauricio Macri. [Al Jazeera]
  • On Monday, Israel passed a law denying entry visas to foreign nationals who support boycotts against Israel or its West bank settlements. [Washington Post]

Armed Conflict, Violence, & Humanitarian Crises

  • On Thursday, a human rights organization reported it is likely that a United States-led coalition is responsible for air strikes on an ISIL controlled village in Syria that resulted in 23 civilian deaths. [Al Jazeera]
  • On Wednesday, 21 Guatemalan girls were killed by a fire that occurred amid protests against alleged rights abuses at San Jose Pinula child centre. [Al Jazeera]
  • On Wednesday, gunmen disguised as medical personnel carried out attacks, claimed by ISIL, killing 30 people in a hospital in Afghanistan. [Reuters]
  • On Monday, rebels from Myanmar Nationalities Democratic Alliance Army initiated an attack against law enforcement officials in the Kokang region near China; 30 people were killed. [Al Jazeera]
  • Last week, government officials in Zimbabwe reported 246 deaths and thousands homeless after recent floods. [Al Jazeera]

Migration, Refugees, & Asylum Seekers

  • This week, the United Nations Assistance Mission for Iraq estimated that 450,000 internally displaced persons are expected to flee to camps as violence in western Mosul, Iraq continues. [Al Jazeera]
  • On Tuesday, Hungary approved a policy of detaining asylum seekers in guarded and enclosed camps as a way of deterring migration. [New York Times]
  • On Tuesday, the International Organization for Migration reported that violence between rival smuggling gangs caused 22 migrant deaths. [Reuters]
  • On Wednesday, the state of Hawaii filed for a temporary restraining order against United States President Trump’s revised executive order that temporarily bans citizens of Syria, Iran, Libya, Somalia, Sudan, and Yemen from securing visas to enter the United States. [Al Jazeera]

Activities of International Bodies & Entities

New Clips – December 31, 2016

UN Security Council adopts resolution on Israeli settlements
Credit: UN Photo/Manuel Elias

Civil Society

  • In Argentina this week, human rights advocate Milagro Sala, and other members of the organization Tupac Amaru, were sentenced to 2-3 years probation, or suspended prison, for “aggravated damage” after participating in a protest. [Telesur]
  • A United Nations agency condemned the murder of journalist, Larry Que, of the Phillippines, and called for an investigation into the death as a means of ensuring the safety of other journalists, and protecting freedom of information. [UN News Centre]
  • Bahrain released and re-imprisoned activist Nabeel Rajab for comments he made on social media about the war in Yemen and acts of torture allegedly taking place in prisons. [Guardian]
  • On Monday in Egypt, a new media law that establishes a body with the power to revoke licenses, fine, or suspend publications, broadcasters, and foreign media, was passed and signed into law, heightening concerns over the freedom of press in the region. [Al Jazeera]
  • In Bangladesh, workers in the garment factories protested job loss and workers pay. [Guardian]
  • In the wake of recent civil society suppression in Ecuador, UN Special Rapporteurs have offered technical assistance to the government to address problematic legislation, and called for a stop to the dissolution of environmental and indigenous rights groups. [OHCHR Press Release]

Migrants & Refugees

  • This week, 36 child asylum seekers who had been living in the informal Calais refugee camp in France initiated individual legal action against the United Kingdom for allegedly failing to process their asylum applications in a timely and appropriate manner. [Guardian]
  • In Germany, 20,000 more migrants and refugees have chosen to leave the country in 2016 than in 2015, as Germany’s immigration policies become more restrictive. [Al Jazeera]

Armed Conflict, Violence, & Humanitarian Crises

  • On Thursday, the Syrian Army announced the implementation of a cease-fire between government and rebel forces in much of Syria through a deal between Russia, Syria, Iran, and Turkey; the agreement did not include “terrorist organizations.”. [Washington Post]
  • This week, the Colombian Congress approved a revised peace deal that provides amnesty to thousands of FARC and army members accused of minor crimes. [BBC]
  • A second phase of an Iraqi operation intended to reclaim Mosul began on Thursday. [Al Jazeera]
  • On Wednesday, the Syrian Observatory for Human Rights reported air strikes in eastern Syria, which were said to have killed 22 civilians, including 10 children. [Al Jazeera]

Environment

  • For the first time in Spain, an anti-pollution measure in Madrid will ban the use of about half of the private cars on roadways on Thursday between 6:30 AM-9:00 PM, with some exceptions, in an attempt to aid public health. [Guardian]
  • In Bangladesh this week, experts emphasized the water crisis imminent in the region due to water wastage, pollution, declining groundwater, and increased salinity. [Inter Press Service]

Politics

  • The United States Secretary of State reiterated the U.S. commitment to a two-state solution to the Israeli-Palestinian conflict following a UN Security Council resolution condemning Israeli settlement building; the U.S. had abstained from that vote, opening a rift in U.S.-Israeli relations. [Guardian]
  • British Prime Minister Theresa May reportedly intends to campaign on a promise to withdraw from the European Convention on Human Rights, an obligatory and binding human rights instrument for all European Union Member States, which gives the European Court of Human Rights jurisdiction over complaints against the United Kingdom. [Rights Info]
  • On Thursday, in response to alleged Russian interference in the U.S. presidential election, the Obama administration moved to shut down Russian compounds in the U.S. and declare 35 Russians “persona non grata.” [Washington Post]
  • On Friday in Turkey, a parliamentary commission approved a draft of a constitutional amendment that would give the president and vice president complete executive powers, the amendment will go to a referendum most likely in the spring. [Al Jazeera]
  • This week, the UN Secretary General praised the newly inaugurated parliament of Somalia and encouraged it to fill empty seats (particularly with women), establish a permanent constitution, and improve its credibility. [UN News Centre]
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