Category Archives: due process & judicial protection

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

African Court Holds Rwanda Violated Victoire Ingabire’s Freedom of Expression

Justice Solomy Balungi Bossa of the African Court on Human and Peoples’ Rights
Credit: ACHPR

On November 24, 2017, the African Court on Human and Peoples’ Rights (AfCHPR) held that Rwanda violated Victoire Ingabire Umuhoza’s right to freedom of opinion and expression, as well as her right to an adequate defense. See AfCHPR, Ingabire Victoire Umuhoza v. The Republic of Rwanda, App. No. 003/2014, Judgment of 24 November 2017, paras. 173(viii)-(ix). Specifically, the African Court held that Rwanda violated the African Charter on Human and Peoples’ Rights (African Charter) and the International Covenant on Civil and Political Rights (ICCPR) because the criminal conviction and sentence imposed on Ingabire for a speech that, the African Court found, did not minimize the genocide was a disproportional and unnecessary restriction on her freedom of speech; however, the Court further found that the law criminalizing the minimization of genocide may impose a legitimate restriction on the right to freedom of expression for purposes of preserving public order and national security. See id. at paras. 141, 161-163. The Court’s analysis on the right to freedom expression draws on the only other judgment from the Court to weigh on an alleged violation of that right and relies, as that previous judgment did, on comparative international human rights jurisprudence to develop the right to freedom of expression in its own case law, including to recognize that the right protects opinions that “offend, shock or disturb.” See id. at paras. 120-63; AfCHPR, Lohé Issa Konaté v. Burkina Faso, App. No. 004/2013, Judgment of 5 December 2014.

While Ingabire’s case was pending before the Court, Rwanda moved to withdrawal its declaration allowing individuals to appeal directly to the AfCHPR; while the withdrawal has gone into effect, it does not affect those cases that the Court already had jurisdiction over, including Ingabire’s case. [IJRC] See AfCHPR, Ingabire Victoire Umuhoza v. The Republic of Rwanda, App. No. 003/2014, Ruling on Jurisdiction, 5 September 2016. Read more

Guatemalan Court Blocks President’s Attempt to Expel Anticorruption Panel Leader

CICIG Commissioner Iván Velásquez speaks at the UN Embassy in Guatemala
Credit: US Embassy via Wikimedia Commons

On August 29, Guatemala’s Constitutional Court issued a temporary injunction to block President Jimmy Morales’ expulsion order against Iván Velásquez, head of a United Nations anticorruption panel, who just days earlier announced his intent to investigate Morales for alleged campaign finance violations in 2015. [Al Jazeera; New York Times] The UN International Committee against Impunity in Guatemala (known by its Spanish acronym CICIG) was formed 10 years ago to address the pervasive corruption problems in Guatemala. [Al Jazeera] In furtherance of its mission, CICIG currently seeks to strip Morales of his official immunity so that he may face a campaign finance investigation. [Washington Post] Morales announced his decision to expel Velásquez on August 27, citing “the interests of the Guatemalan people” and his aim to “strengthen[] . . . the rule of law and our institutions.” [Al Jazeera] The expulsion order sparked protests in defense of Velásquez and continues to draw international criticism. [New York Times] Representatives from the United Nations, the Inter-American Commission on Human Rights (IACHR), and the European Union (EU) have condemned Morales’ actions as beyond the scope of his authority and an unjustified interference with the work of CICIG. [UN News Centre; OHCHR Press Release; IACHR Press Release (in Spanish); EU Press Release] Read more

News Clips- September 1, 2017

Journalists are briefed at the UN on the situation in Yemen
Credit: UN Photo/Manuel Elias

Civil Society

  • On Friday, the German government shut down a left-wing extremist website connected to violence at the Group of 20 summit meeting in July. [New York Times]
  • On Wednesday, human rights groups called for the establishment of an independent inquiry into alleged abuses taking place in Yemen. [Guardian]

Corruption

  • On Sunday, the Constitutional Court in Guatemala issued a temporary injunction blocking President Jimmy Morales’ order to expel Iván Velásquez, the head of the United Nations International Committee against Impunity in Guatemala. [Al Jazeera]
  • This week, it was reported that the government of Mexico has allegedly made ongoing attempts to silence a prominent advocate who has spoken against corruption and impunity. [New York Times]

Violence & Humanitarian Crises

  • On Friday, violent clashes occurred in northern India in response to a spiritual leader’s conviction of rape; at least 30 people have been killed. [New York Times]
  • On Friday, gunmen, claimed by ISIS, attacked a mosque in Kabul, Afghanistan killing at least 20 people. [New York Times]
  • On Wednesday, the United Nations Security Council renewed the peacekeeping mission in Lebanon for one year in response to concerns about Hezbollah near Israel’s border. [New York Times]
  • On Thursday, the Prime Minister of Iraq, Haider al-Abadi, announced that Tal Afar is free from ISIS after an 11-day battle. [New York Times]

Migrants, Refugees, & Asylum Seekers

  • Last week, the International Organization for Migration condemned Facebook for failing to monitor traffickers using the site to broadcast abuse of migrants and using the videos to seek ransom from victims’ family members. [Reuters]
  • On Thursday, the United Nations representatives reported that more than 27,400 Rohingya migrants have fled to Bangladesh from Myanmar since August 25. [Reuters]
  • On Monday, leaders from France, Germany, Italy, Spain, Chad, and Niger agreed to work together on aid and border control to stem the influx of migrants. [Guardian]

UN Experts Warn of Continued Rights Violations in the Philippines

The Philippines’ representative at the United Nations participates in debates at the UN General Assembly
Credit: UN Photo/Cia Pak

Last week, three United Nations independent experts – the Special Rapporteur on extrajudicial, summary or arbitrary executions; the Special Rapporteur on the situation of human rights defenders; and the Special Rapporteur on the sale and sexual exploitation of children – made an urgent appeal to the government of the Philippines concerning grave human rights violations, including murder; threats against human rights defenders including those advocating for indigenous peoples’ rights; and the summary execution of children. [OHCHR Press Release: Experts] Since President Rodrigo Duterte assumed office in June 2016, a violent “war on drugs,” spearheaded by the government of the Philippines continues to undermine the respect for human rights. See HRW, World Report: Philippines (2017). According to Human Rights Watch (HRW), the drug war has led to the killing of more than 7,000 suspected drug users and dealers, the overcrowding of jails, and the targeting of critics of the drug war, without any meaningful investigation into these incidents. See HRW, Philippines. The High Commissioner of Human Rights said last year that the war on drugs has created an atmosphere of violence and impunity. [OHCHR Press Release: Zeid] The UN independent experts recommend that the Philippines investigate all instances of violence, eliminate impunity, and hold perpetrators accountable for their actions. [OHCHR Press Release: Experts] The Philippines is a State party to several human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR), and it is obligated to uphold the rights to life; prohibition of cruel, inhuman, or degrading treatment or punishment; and liberty, among others. Read more

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