Category Archives: extrajudicial executions

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

Venezuelan President Nicolás Maduro’s Controversial Election Prompts Violence, International Reactions

Venezuelan protesters demonstrating in May 2017
Credit: Jamez via Wikimedia Commons

The United Nations High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, condemned last week the recent violence and arrests that occurred in response to demonstrations around Venezuela’s election for a National Constituent Assembly – a powerful entity intended to replace the current legislature and rewrite the Venezuelan constitution. The election was reportedly tampered with by the Venezuelan government, prompting calls for an independent investigation into the legitimacy of the election, and the legislature now refuses to recognize the new assembly, which voted to remove Venezuela’s public prosecutor over the weekend. [New York Times: Tampering; Washington Post: EU; OHCHR Press Release; Washington Post: Lawmakers] The election, which featured allies of President Nicolás Maduro as the only candidates, was held amid growing concerns that the nation is moving dangerously toward a dictatorship. [New York Times: Tampering; Washington Post: EU] The vote spurred public demonstrations, protests, and violence, resulting in at least 10 deaths; the total deaths due to unrest in the country since April now totals at least 125. [CNN: Clash] Zeid also expressed concern over the two opposition leaders who were recently detained after advocating for Venezuelans to protest in response to the election. [OHCHR Press Release; Guardian]

The international human rights community has expressed concern over the situation in the State. In addition to Zeid’s comments, the Inter-American Commission on Human Rights (IACHR) recently denounced Venezuela’s prohibition of public gatherings and suppression of journalism, calling on the State to adhere to its international human rights obligations. [IACHR Press Release: Election; IACHR Press Release: Expression] The European Commission for Democracy through Law (Venice Commission) weighed in on the legality of the election through the publication of a preliminary opinion, finding the election threatened principles of democracy. As a State party to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, Venezuela is obligated to protect the rights to peaceful assembly, freedom of expression, due process, and participation in public affairs, among others. Read more

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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