On October 3, 2018, the Supreme Court of Peru overturned the pardon granted to former President Alberto Fujimori and ordered him to complete his sentence for crimes against humanity committed by his administration in the 1990s. [Reuters] Pursuant to a request submitted by massacre victims’ family members, the Supreme Court found that the humanitarian pardon lacked a legal basis and contravened Peru’s human rights obligations. [Guardian; IACHR Press Release; Bloomberg: Arrest; teleSUR] Advocates and human rights experts hailed the decision as a positive step in the fight against impunity. [NYTimes] Fujimori has 14 years left to serve on his sentence, and has appealed the ruling. [NPR; Reuters] In the days following the decision, Fujimori was hospitalized; the Peruvian Congress introduced legislation to grant him house arrest; his daughter Keiko, a prominent politician, was arrested on corruption charges; and the Fujimori-era sterilization of Indigenous women was again under scrutiny. [Reuters; BBC; Bloomberg; IACHR Video] Former President Pedro Pablo Kuczynski, who pardoned Fujimori in late 2017, resigned earlier this year and is under investigation for corruption, including in connection with the pardon. [HispanTV]
Category Archives: crime & impunity
In a new report and interactive website, the Inter-American Commission on Human Rights (IACHR) has detailed flaws in the United States’ prosecution and incarceration of children, urging reforms to ensure that minors are not tried or sentenced as adults. IACHR, The Situation of Children in the Adult Criminal Justice System in the United States (2018). The report, released in September 2018, examines the legal framework that allows children to be tried in the adult criminal system in light of the State’s international legal obligations, the current status of children within the criminal system, and the conditions children face during their incarceration in adult facilities. See id. According to the IACHR, as of 2016, approximately 200,000 children were tried each year in U.S. adult criminal courts, and were held in adult penitentiaries in violation of their right to special protection and to be tried in a specialized juvenile system. [IACHR Press Release] While the U.S. has taken steps to reduce the number of children coming into contact with the adult criminal justice system, individual American states maintain laws and practices that allow children to be incarcerated in adult facilities. [IACHR Press Release] The report highlights the State’s failure to protect the rights of children in this respect, and recommends specific reforms. [IACHR Press Release] Read more
On September 10, 2018, the African Committee of Experts on the Rights and Welfare of the Child (ACERWC or Child Rights Committee) published its first decision involving sexual violence against a minor, finding that Cameroon had failed to adequately investigate, punish, and redress the rape of a 10-year-old girl. [ACERWC] The Child Rights Committee found that the State’s lack of due diligence also amounted to gender discrimination and a violation of the minor’s right to be free from torture or inhuman or degrading treatment. See ACERWC, Institute for Human Rights and Development in Africa and Finders Group Initiative on behalf of TFA (a Minor) v. Cameroon, Communication No. 006/Com/002/2015, Merits Decision, 31st Ordinary Session (2018). The decision, which the minor’s representatives hailed as ground-breaking, diverges from a 2016 African Commission on Human and Peoples’ Rights decision in which it declined to find that Ethiopia’s failure respond with due diligence to the rape of a minor constituted gender-based discrimination. See ACommHPR, Equality Now and Ethiopian Women Lawyers Association (EWLA) v. Ethiopia, Communication 341/2007, Merits Decision, 19th Extra-Ordinary Session (2016), paras. 133-34, 150. Read more
Two Central American governments ended their cooperation with the United Nations on specific human rights initiatives and sought to exclude UN representatives from their territories in late August 2018. In Guatemala, President Jimmy Morales announced on August 31 he would not renew the mandate of the International Commission against Impunity in Guatemala (CICIG) when it expires in 2019 and barred CICIG head Iván Velásquez from reentering the country, despite a Supreme Court order rejecting a previous attempt to expel him. [IACHR: Guatemala; NYT] Since 2007, CICIG has assisted national authorities in prosecuting corruption, and recently announced an investigation into President Morales for illegal campaign contributions. [NYT]
Also on August 31, Nicaraguan President Daniel Ortega rescinded an invitation to a fact-finding team from the Office of the United Nations High Commissioner for Human Rights (OHCHR), just after OHCHR published a report on authorities’ human rights violations against protesters since demonstrations against the Ortega government began in April 2018. [Al Jazeera; IJRC: Nicaragua] The Inter-American Commission on Human Rights (IACHR), OHCHR, and civil society have expressed concern at these developments. [IACHR: Guatemala; IACHR: Nicaragua; OHCHR Press Release: Concern; HRW: Nicaragua; HRW: Torture] Observers fear the crises in both countries will continue to worsen. [NYT: Authoritarianism] Read more
In the past month, the African Commission on Human and Peoples’ Rights (ACHPR) and the United Nations High Commissioner for Human Rights have called on Cameroon to launch an investigation into persistent reports of a deteriorating human rights situation in the English-speaking Northwest and Southwest regions of Cameroon, including to investigate a video showing the alleged extrajudicial executions of a woman and two children. [ACHPR Press Release: Allegations (French only); OHCHR Press Release] The conflict in Cameroon stems from tensions that arose in 2016 after the English-speaking communities in the State mobilized to demand respect of the English-speaking educational and judicial systems, and to demand more political autonomy. See HRW, These Killings Can Be Stopped: Abuses by Government and Separatist Groups in Cameroon’s Anglophone Regions (2018), 1. In response, the Cameroonian government violently suppressed the protests and arrested many of the demonstrators, which led to armed confrontations. See id. Most recently, the tensions between Anglophone separatists and the largely Francophone government of Cameroon have escalated as a result of separatists’ attacks targeting a Minister of Defense convoy in the country’s Southwest region and the government’s “heavy-handed response.” [OHCHR Press Release; Guardian] Cameroon is obligated, under international human rights law, to ensure the rights to life and to humane treatment, among other rights.
In June, the United Nations Office for the High Commissioner for Human Rights (OHCHR) issued the first ever UN report detailing human rights abuses in Kashmir. [OHCHR Press Release] See OHCHR, Report on the Situation of Human Rights in Kashmir (2018). The report seeks to draw attention to the victims of the human rights violations created by the political situation in the region, with a focus on abuses since the July 2016 killing of a militant leader by Indian security forces, which sparked violent protests throughout the region. [OHCHR Press Release] See OHCHR, Report on the Situation of Human Rights in Kashmir, para. 1. Among the human rights abuses, the report finds cases of unlawful use of force by security forces, enforced or involuntary disappearances, sexual violence, and limitations on education, expression, assembly, and association. [OHCHR Press Release] See OHCHR, Report on the Situation of Human Rights in Kashmir, paras. 32-164. Additionally, the report finds that perpetrators act with impunity and that victims do not have adequate access to justice. [OHCHR Press Release] To address the human rights concerns, the OHCHR calls for an independent mechanism to further investigate human rights allegations in the Kashmir region. See OHCHR, Report on the Situation of Human Rights in Kashmir, 48. Human rights experts have urged the Indian government to allow the creation of such an investigation. [HRW] Both States, India and Pakistan, have committed to, and are legally obligated to, ensure certain rights, including the rights to life, prohibition of torture and inhuman treatment, freedom of expression, freedom of assembly, freedom of association, and education. Read more
The Inter-American Commission on Human Rights (IACHR) recently published its merits report in a case concerning the 1988 extrajudicial killing of Colombian human rights defender Valentín Basto Calderón, which has gone unsolved. See IACHR, Merits Report No. 45/17, Case 10.455, Valentín Basto Calderón et al. (Colombia), 25 May 2017. Bystanders Pedro Vicente Camargo, who was also killed, and his daughter Carmenza, who was injured, were also included as victims in the petition to the IACHR. At a time of armed conflict when State agents and paramilitaries frequently assassinated human rights defenders and community leaders, State agents had threatened Basto Calderón and harassed his family members. The State then failed to conduct a thorough and timely investigation of the events. See id. at para. 1. The International Justice Resource Center (IJRC) submitted an amicus curiae brief to the IACHR to provide supplementary analysis on this case, with a focus on Colombia’s obligations specific to human rights defenders. The Colombian Commission of Jurists represented the petitioners before the IACHR. In holding Colombia responsible for violations to the rights to life and humane treatment, among others, the IACHR took special note of the State’s specific obligations to protect and respect the rights of human rights defenders. Read more
The African Committee of Experts on the Rights and Welfare of the Child (ACERWC) recently published its holding that Mauritania violated the rights to protection from child labor and from child abuse, among other rights and obligations, established in the African Charter on the Rights and Welfare of the Child (African Children’s Charter), due to the enslavement of two children. Two non-governmental organizations – Minority Rights Group International and SOS-Enclaves – submitted the complaint against Mauritania on behalf of two brothers, Said Ouid Salem, born in 2000, and Yarg Ould Salem, born in 2003, who alleged that they were victims of child slavery for 11 years. The Committee found that Mauritania failed to protect the applicants from slavery; to investigate, punish, and prosecute all the perpetrators responsible; and to provide a timely and adequate remedy for the applicants. Based in part on those findings, the ACERWC ultimately held that Mauritania violated its obligations under Article 1 (obligation to realize the rights in the Charter), Article 3 (right to non-discrimination), Article 4 (best interest of the child), Article 5 (obligation to ensure the survival and development), Article 11 (right to education), Article 12 (right to leisure, recreation, and cultural activities), Article 15 (right to protection from child labor), Article 16 (right to protection against child abuse and torture), and Article 21 (right to protection against harmful social and cultural practices) of the African Charter on the Rights and Welfare of the Child. See ACERWC, Decision on the Communication Submitted by Minority Rights Group International and SOS-Enclaves on Behalf of Said Ould Salem and Yarg Ould Salem against the Government of the Republic of Mauritania, Communication No.003/Com/003/2015, Merits Decisions, 30th Ordinary Session (2017), para. 97. Read more
In February 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, country visits, interactive dialogues, and hearings on individual complaints. Four United Nations treaty bodies will be holding sessions throughout February on issues related to children’s rights, prevention of torture, the rights of persons with disabilities, and the rights of women. The UN Human Rights Council and several of its working groups will also be in session to review communications as well as thematic and country-specific reports. Two UN special rapporteurs will carry out country visits, and two special procedures working groups will hold private sessions on the topics of forced disappearances, and business and human rights.
Regionally, the Inter-American Court of Human Rights (IACtHR) and the Inter-American Commission on Human Rights (IACHR) will be in session, and will hold public hearings during those sessions. The Grand Chamber of the European Court of Human Rights (ECtHR) will hear arguments in one case on the alleged violation of due process rights during domestic criminal proceedings, including the right to a fair trial, the right to adequate preparation of a defense, and the right to examine a witness.
The UN treaty body sessions and the public hearings of the European Court, Inter-American Commission, and Inter-American Court may be watched via UN Web TV, the European Court’s website, the Inter-American Commission’s website, and Vimeo, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.
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