Category Archives: due process & judicial protection

Inter-American Court to Determine State Responsibility for Trans Woman’s Murder

IACHR Hearing on LGBT Rights in Honduras
Daniel Cima via IACHR Flickr

Inter-American Commission on Human Rights (IACHR) has, for the first time, referred a case involving an alleged extrajudicial killing of a transgender woman to the Inter-American Court of Human Rights (IACtHR). The IACHR’s referral, filed on April 30, 2019, indicates that trans activist Vicky Hernández was killed – likely by State agents – during a government-imposed curfew in 2009, amid a broader context of attacks against LGBT persons in Honduras, and that the State subsequently failed to adequately investigate her death. [IACHR Press Release] The IACHR describes the case as an opportunity for the Court to “develop jurisprudence on violence against LGBT people, particularly trans women” and to again consider the human rights implications of the 2009 coup d’état in Honduras. [IACHR Press Release] The IACHR referred the case to the Court after determining that Honduras failed to comply with the recommendations set out in its merits report, which was recently made available in English on the IACHR’s website along with the letter of submission to the Court.

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African Rights Court Orders Tanzania to Limit Body Cavity Searches

African Court on Human and Peoples’ Rights
Credit: African Court via Flickr

The African Court on Human and Peoples’ Rights (AfCHPR) recently issued its judgment in the case of Lucien Ikili Rashidi v. Tanzania, finding the State violated a non-citizen’s rights when its agents detained him, subjected him to an anal search, and did not resolve his legal claims for seven years after he was arrested for not having his passport and visa in his possession. See AfCHPR, Lucien Ikili Rashidi v. United Republic of Tanzania, App. No. 009/2015, Judgment of 28 March 2019. The AfCHPR found violations of Ikili Rashidi’s rights to residence, freedom of movement, integrity of person, dignity, and to be tried within a reasonable time. Ultimately, the Court awarded Ikili Rashidi and his family modest financial compensation and ordered Tanzania to take measures to ensure that all future cavity searches would be in compliance with international standards, as clarified by the European and Inter-American human rights bodies. See id. The judgment is one of six the AfCHPR released in late March, three of which concern Tanzania. [AfCHPR Press Release] Read more

Texas Executes Man in Contravention of Multiple International Legal Decisions

Texas Department of Criminal Justice
Credit: Larry D. Moore via Wikimedia Commons

The American state of Texas executed 64-year-old Mexican national Roberto Moreno Ramos on November 14, contravening the International Court of Justice (ICJ) and several human rights bodies, which had concluded he was entitled to a retrial or new sentencing hearing because of due process violations related to his trial, and should not be subjected to the death penalty because of his psychosocial disabilities. [OHCHR Press Release] Mr. Moreno Ramos, a Mexican citizen who had been arrested on suspicion of murder in 1992, was not afforded consular assistance or prompt, effective legal representation. See IACHR, Merits Report No. 1/05, Case 12.430, Roberto Moreno Ramos (United States), 28 January 2005. He is the sixth Mexican national to be executed in defiance of the ICJ’s 2004 judgment in Avena and Other Mexican Nationals (Mexico v. United States) ordering the “review and reconsider[ation]” of convictions and death sentences because of authorities’ failure to respect the rights of Mexican nationals and the Mexican government to consular information and notification. [Mexican Government Press Release]

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Children’s Rights Violated in U.S. Criminal Justice System, IACHR Reports

IACHR Launches Report on Children and Adolescents in the United States Adult Criminal Justice System. Credit: IACHR
IACHR Launches Report on Children and Adolescents in the United States Adult Criminal Justice System. Credit: IACHR

IACHR launches report in October 2018
Credit: IACHR

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

African Child Rights Committee Decides First Complaint Involving Sexual Violence

ACERWC
ACERWC

ACERWC hearing
Credit: ACERWC

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

July 2018: UN Treaty Bodies, Human Rights Council, and Regional Bodies in Session

Palais des Nations, Geneva
Credit: UN Photo / Jean-Marc Ferré via Flickr

In the month of July, various universal and regional bodies will assess States’ compliance with their human rights obligations through the consideration of State and civil society reports, country visits, and the review of individual complaints. Three United Nations treaty bodies will meet in July to engage with States regarding their treaty obligations related to civil and political rights, the rights of women, and the prevention of torture. Further, civil society can register this month to participate in the sessions of two treaty bodies that will meet in August to engage with States regarding their obligations related to racial discrimination and the rights of persons with disabilities, respectively. The UN Human Rights Council and several of its working groups will be in session to review communications, thematic reports, and country-specific reports; select individuals to serve as special procedure mandate holders; and convene several panel discussions on the human rights of women, internally displaced persons, and on technical cooperation in the promotion and protection of human rights related to the 2030 Agenda for Sustainable Development. The Expert Mechanism on the Rights of Indigenous Peoples will hold its annual session. Two UN special procedures will conduct country visits focusing on human rights and transnational corporations, and on the human rights situation in the Republic of Korea.

Regionally, the Grand Chamber of the European Court of Human Rights (ECtHR) may hear one case related to the prohibition of collective expulsion of aliens, and the European Committee of Social Rights and Inter-American Court of Human Rights (IACtHR) will be in session.

The UN treaty body sessions, the public hearings of the European Court, and the hearings of the Inter-American Court, may be watched via UN Web TV, the European Court’s website, and the Inter-American Court’s website or Vimeo, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.

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Ten Human Rights Standards Implicated by U.S. Immigration Policy Changes

U.S. Customs and Border Patrol at the San Ysidro crossing
Credit: Josh Denmark

Recent changes in the United States’ immigration policies have drawn fresh condemnation from human rights experts and civil society, particularly as news spread that authorities had separated approximately 2,000 children from their parents at the country’s southern border. [IACHR Press Release; OHCHR Press Release; UNHCR Press Release] These changes include automatic criminal prosecution and detention of adults – including asylum seekers – entering the United States without authorization, separation and detention of children who crossed the southern border outside a port of entry with their parents, and a directive instructing immigration officials not to recognize a State’s failure to protect victims of gang violence and domestic violence as grounds for asylum. In response to criticism earlier this month, President Trump signed an Executive Order on June 20, 2018 to detain children and parents together, but that also raised concerns because it did not address the reunification of separated families and proposed modifying time limits on detention of families. [OHCHR Press Release: UN Experts] The policy changes add to long-standing human rights concerns related to U.S. immigration policy. This post reviews 10 of the primary principles implicated. Read more

African Court Decides First Case on Right to a Nationality

African Court on Human and Peoples’ Rights
Credit: AfCHPR

Last week, the African Court on Human and Peoples’ Rights (AfCHPR) published its first ruling related to the right to nationality in the case of Anudo Ochieng Anudo v. Republic of Tanzania, stating that Tanzania violated Anudo Ochieng Anudo’s right not to be arbitrarily deprived of his nationality, right not to be arbitrarily expelled, and right to be heard by a judge; in finding these violations, the Court relied on Article 15 of the Universal Declaration of Human Rights (UDHR), Article 13 of the International Covenant on Civil and Political Rights (ICCPR), and Article 7 of the ICCPR, respectively. See AfCHPR, Anudo Ochieng Anudo v. Republic of Tanzania, App. No. 012/2015, Judgment of 22 March 2018, paras. 88, 106, 117. At the age of 33, the complainant’s identity documents, issued by Tanzania, were investigated by immigration authorities and found to be based on fake documents, and the complainant was arrested, detained, beaten, and deported to Kenya, which subsequently found him to have irregular status and deported him back. See id. at paras. 4-12. The Court held that States have the burden of proof to show that the complainant does not have citizenship if the State claims the complainant’s identity documents, issued by the State, are flawed or fake. See id. at para. 80. The State failed to fulfill its burden in this case and failed to provide Anudo with an opportunity to contest his deportation. See id. at paras. 88, 106, 115. A lawyer at the Open Society Justice Initiative said the case “exposes the institutional weaknesses, discrimination, and flaws in legal frameworks on the right to nationality.” [OSJI]

The African Commission on Human and Peoples’ Rights (ACHPR) and African Committee of Experts on the Rights and Welfare of the Child (ACERWC) have previously considered the right to a nationality through Article 5 of the African Charter on Human and Peoples’ Rights (Banjul Charter), which grants the right to legal status, and under Article 6 of the African Charter on the Rights and Welfare of the Child (Children’s Charter), which grants the right to nationality. The Court, which has jurisdiction to interpret all relevant applicable human rights treaties to a case, did not consider Article 5 in its decision. Read more

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