Category Archives: right to life

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

IACHR Applauds Bolivia’s Efforts to End Impunity Through Truth Commission

A military parade in Bolivia
Credit: Richard12sep.1993 via Wikimedia Commons

On September 14, 2017, the Inter-American Commission on Human Rights (IACHR) issued a press release, applauding the Bolivian government’s establishment of a Truth Commission on August 21, 2017. [IACHR Press Release: Bolivia] The Truth Commission will investigate allegations of grave human rights violations and crimes against humanity that occurred between November 4, 1964 through October 10, 1982, during the military and authoritarian rule of Bolivia. [IACHR Press Release: Bolivia; Amnesty International] See Ley N 879, Ley de la Comision de la Verdad, 23 December 2016 (Bolivia) (in Spanish only). The law establishing the Truth Commission, Law 879 of December 23, 2016, set its objective as “to solve the murders, forced disappearances, tortures, arbitrary detentions, and sexual violence, considered grave human rights violations, which were committed in Bolivia for political and ideological motives.” [IACHR Press Release: BoliviaThe Truth Commission, composed of five members, will remain in place for two years, during which time the members will carry out investigations and report on their findings. [IACHR Press Release: Bolivia]

The establishment of the Truth Commission follows a long period of widespread impunity, since 1982, for the grave human rights violations committed during the 18-year period, and its findings, the IACHR has noted, will contribute to ensuring justice for the victims’ families and to preventing further injustice. [IACHR Press Release: Bolivia; Amnesty International] Bolivia previously made efforts towards seeking and promoting truth; however, the government made little progress, and those efforts were limited to violations relating to forced disappearances. [IACHR Press Release: Bolivia] Representatives of the victims’ families as well as civil society, though, continued to advocate for the establishment of a Truth Commission to ensure that the violations will be “remember[ed], record[ed], and clarif[ied].” [Amnesty International] Read more

UN Experts: Italy’s Rules for NGOs May Result in Death for Migrants

Refugees arrive in Europe
Credit: Ggia

Three United Nations Special Rapporteurs issued a warning last week in response to Italy’s new code of conduct that would limit the ability of signatory nongovernmental organizations (NGOs) to rescue refugees and migrants at sea; the Special Rapporteurs cautioned that it threatens lives and breaches international standards. [OHCHR Press Release; UN News Centre] Italy drafted the code of conduct, with support from the European Commission – the executive organ of the European Union – seeking the signature of NGOs engaging in rescue missions in the Mediterranean Sea. [European Commission Press Release] The code of conduct aims to limit the loss of life and migratory flows from North Africa, but human rights organizations and UN experts have criticized it because of the counter effect that it is projected to have on the lives of migrants and refugees. [OHCHR Press Release; HRW; Deutsche Welle; UN News Centre] Critics find particularly concerning the provisions that bar NGOs from entering Libyan waters to undertake rescues, ban NGOs from using light signals to communicate with vessels at imminent risk of sinking, and force NGOs to return to port to disembark rescued people, rather than transferring them to other vessels if they need to remain at sea to rescue others. [HRW] Italy and the other EU Member States are obligated to protect, respect, and fulfill the right to life for all, including migrants, under Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights). Read more

Violence Following Kenya’s Presidential Election Prompts International Responses

UN Secretary General António Guterres meets with President Uhuru Kenyatta
Credit: UN Photo/Antonio Fiorente

The United Nations High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, last week urged Kenyan leaders to “calm a volatile political climate” while ensuring the right to peaceful assembly; his statement followed reports of the use of live ammunition against protesters in the wake of President Uhuru Kenyatta’s August 8th re-election. Reports indicate 24 people died due to the post-election violence. [Washington PostOHCHR Press Release: Zeid] In addition to Zeid’s statements, the UN Secretary General António Guterres, and the African Commission on Human and Peoples’ Rights (ACHPR) also responded to the post-election violence. The Secretary General called on leaders to settle disputes over the election through the appropriate institutions and to urge others to refrain from violence. [UNSG Press Release] The African Commission called for increased transparency of voter tallying, the avoidance of acts or statements inciting violence, and the use of legal avenues to address election related disputes. [ACHPR Press Release] While it was not responding directly to the post-election violence, the East African Community (EAC) Election Observer Mission to the Republic of Kenya (EAC Mission) did encourage anyone dissatisfied with the results to use the proper channels to challenge the outcome. [EAC Press Release] Despite the reports of post-election violence, Zeid, Guterres, the African Commission, and the EAC Mission recognized and commended Kenya’s peaceful voting process before the violence. [ACommHPR Press Release; EAC Press Release; OHCHR Press Release: Zeid; UNSG Press Release]

Kenya has a history of election related violence. Notably, during its 2007 elections, inter-ethnic clashes and police violence resulted in 1,100 people killed and 650,000 people displaced. [HRW: 2013] As a State party to the African Charter on Human and Peoples’ Rights, as well as other international human rights treaties, Kenya has an obligation to protect, respect, and fulfill the rights to life, freedom of expression, peaceful assembly, and participation in public affairs under articles 4, 9, 11, and 13, respectively. Read more

News Clips- August 18, 2017

The UN Security Council met this week to discuss peace and security on the African continent.
Credit: UN Photo/Manuel Elias

Civil Society

  • On Thursday, three young activists in Hong Kong, China were sentenced to six to eight months in prison for their participation in the 2014 Umbrella Movement protests. [Washington Post]
  • On Wednesday, the president of the Philippines encouraged police officers to shoot activists who obstruct justice. [Guardian]
  • Last week, Amnesty International reported that at least 66 people detained during protests in Morocco reported being subject to torture and ill-treatment. [AI]

Violence & Humanitarian Crises

  • On Thursday, at least 13 people were killed when a van drove into a crowd in Barcelona, Spain. [Guardian]
  • On Wednesday, police found mass graves containing 36 bodies of victims of a militant attack on a village in Afghanistan; the attack, claimed by the Islamic State, left at least 62 people dead. [Reuters]
  • On Monday, the United Nations reported seven people killed, and seven wounded, during an attack on UN headquarters in Timbuktu, Mali. [Washington Post]
  • Over the weekend, gunmen attacked a restaurant in Burkina Faso, killing almost 20 people. [UN News Centre]

Migrants, Refugees, & Asylum Seekers

Politics

  • On Wednesday, Lebanon repealed a law that prevented the criminal prosecution of rapists who subsequently married their victims. [Guardian]
  • On Monday, the government of Canada announced its core objectives, including protections based on gender and for indigenous peoples’ rights, for the pending North American Free Trade Agreement negotiations. [New York Times]
  • On Tuesday, the president of the Republic of Guinea Bissau, H.E. José Mário Vaz, pledged to ratify the Protocol establishing the African Court on Human and Peoples’ Rights. [AfCHPR Press Release]
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