Category Archives: regional human rights 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

January 2018: Universal Periodic Review and Regional Bodies in Session

Palais des Nations
Credit: UN Photo/Violaine Martin

In January 2018, several universal and regional human rights bodies and experts will assess States’ compliance with their human rights obligations through the consideration of State and civil society reports, interactive dialogues, country visits, and hearings. One United Nations treaty body will meet throughout January to assess States’ compliance with their treaty obligations related to the rights of the child. The Universal Periodic Review (UPR) Working Group will also be in session and will conduct interactive dialogues with representatives from 14 States. Three UN special procedures mandate holders will conduct country visits, and an additional special procedure working group will hold sessions. Regionally, the Inter-American Court of Human Rights (IACtHR) and the European Committee of Social Rights (ECSR) will be in session, and the Grand Chamber of the European Court of Human Rights (ECtHR) will hear two cases related to the rights of liberty and security, the right to freedom of assembly, the right to a fair trial, and the limitation of restrictions on rights.

The UN treaty body’s session may be watched via UN Web TV. The IACtHR’s session may be viewed on its website or Vimeo page, and the ECtHR’s hearings may be viewed on its webcast.

 To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar. Read more

Council of Europe Exercises Historic Infringement Proceedings Against Azerbaijan

Council of Europe building in Strasbourg, France
Credit: Filip Maljković via Wikimedia Commons

On December 5, 2017, the Council of Europe’s (COE) Committee of Ministers triggered formal infringement proceedings against Azerbaijan for the State’s repeated refusal to comply with the 2014 judgment in the European Court of Human Rights (ECtHR) case of Ilgar Mammadov v. Azerbaijan. [Council of Europe Press Release] The next step is for the ECtHR to review Azerbaijan’s compliance with Article 1 (obligation to ensure the rights and freedoms of the Convention) of the European Convention on Human Rights (ECHR) in light of its previous ruling; if the Court finds the State in violation of the ECHR, Azerbaijan will be referred back to the Committee of Ministers, and it could lose its voting rights, or potentially even its membership, in the Council of Europe. See Statute of the Council of Europe (adopted 5 May 1949, entered into force 3 August 1949), ETS No. 001, art. 8. In the case that prompted the infringement proceedings, Ilgar Mammadov v. Azerbaijan, the ECtHR ruled that Azerbaijan’s detention of the political activist Ilgar Mammadov violates the right to liberty in the ECHR and is motivated by Azerbaijani officials’ desire to silence and punish Mammadov for criticizing the government; Mammadov remains in detention today. See ECtHR, Ilgar Mammadov v. Azerbaijan, no. 15172/13, ECHR 2014, Judgment of 22 May 2014, para. 143. [Council of Europe Press Release] This is the first time that the Committee of Ministers has initiated infringement proceedings, the only procedure by which Member States of the Council of Europe can be held accountable for failure to comply with a ECtHR’s judgment. [Council of Europe Press Release] The decision to bring infringement proceedings against Azerbaijan comes among continued concern over some countries’ non-enforcement of ECtHR judgments. See Pierre-Yves Le Borgen, Implementation of judgments of the European Court of Human Rights: 9th report (2017), para. 6. [EURACTIV; Open Dialogue Foundation] Read more

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