due process & judicial protection – Page 13 – International Justice Resource Center

Chadian Court Initiates First Trial against Habré-Era Security Agents

November 25, 2014 IJRC crime & impunity, domestic courts, due process & judicial protection, extrajudicial executions, International Court of Justice, internationalized criminal tribunals, liberty & security of person, torture

November 14 marked the start of the trial against 26 former security agents accused of committing murder, torture, kidnapping, arbitrary detention, assault, and battery during former dictator Hissène Habré’s rule in Chad from 1982 to 1990. [Reuters; HRW: Alleged Habré Accomplices] Advocates hope that the trial, set to take place before national courts in N’Djaména, Chad, will deliver a measure

AfCHPR to Hear Cases on Indigenous Rights and Due Process

November 18, 2014 IJRC African System, civil society, discrimination, due process & judicial protection, economic, social & cultural rights, indigenous communities

From November 24 to December 5, the African Court on Human and Peoples’ Rights will hold its 35th Ordinary Session. The session will feature two public hearings in the cases of African Commission on Human and Peoples’ Rights v. Kenya, concerning indigenous rights, and Thomas v. Tanzania, regarding the right to fair trial and due process. The first case will

IACtHR: Guatemala Failed to Investigate Human Rights Defender’s Killing, Protect Family

November 5, 2014 IJRC civil society, democracy & political rights, due process & judicial protection, human rights defenders, Inter-American System, right to life

Last week, the Inter-American Court of Human Rights handed down its judgment in Case of Human Rights Defender et al. v. Guatemala, concerning the State’s failure to adequately investigate and address the 2004 killing of human rights defender Florentín Gudiel Ramos. See I/A Court H.R., Case of Human Rights Defender et al. v. Guatemala. Preliminary Objections, Merits, Reparations and Costs.

ECtHR: Ukrainian Opposition Supporter’s Detention for Symbolic Act of Protest Violated Rights

November 4, 2014 IJRC democracy & political rights, due process & judicial protection, European System, liberty & security of person, thought, expression & association

In a judgment released last week, the European Court of Human Rights unanimously held that Ukraine violated the rights to freedom of expression and an appeal in criminal matters when, in 2011, it detained Ms. Galyna Shvydka for ten days under the charge of petty hooliganism due to her act of political protest in support of the opposition party. See

In the Case of Dominican and Haitian People Expelled v. the Dominican Republic, IACtHR Finds Multitude of Human Rights Violations

October 28, 2014 IJRC children, discrimination, domestic courts, due process & judicial protection, human rights defenders, Inter-American System, interim measures, liberty & security of person

Last week, the Inter-American Court of Human Rights released its opinion in Case of Dominican and Haitian People Expelled v. the Dominican Republic, where it held that the State’s discrimination, detention, and mass expulsion of individuals of Haitian descent violated the rights to: juridical personality, nationality, a name, personal liberty, privacy, fair trial, judicial protection, equal protection before the law,

UN Human Rights Bodies Urge Venezuela to Release Opposition Leader Leopoldo Lopez, Ensure Protesters Are Not Arbitrarily Detained or Prosecuted

October 23, 2014 IJRC due process & judicial protection, Inter-American System, judicial independence, liberty & security of person, thought, expression & association

On Monday, United Nations (UN) High Commissioner for Human Rights Zeid Ra’ad Al Hussein voiced concern over the detention of a Venezuelan opposition leader, Leopoldo López, and more than 69 others who were involved in months-long public protests that began in February 2014 in response to the country’s ailing economy, high rate of violence, and sharp political divisions. “The prolonged

IACtHR Concludes 105th Ordinary Session, Orders Provisional Measures, Holds Public Hearing, and Delivers Judgments Involving Forced Disappearance, Indigenous Rights, and Arbitrary Killings

October 21, 2014 IJRC children, crime & impunity, cultural rights, due process & judicial protection, enforced disappearance, extrajudicial executions, indigenous communities, Inter-American System, interim measures, property

From October 8 to 17, the Inter-American Court of Human Rights held its 105th Regular Session at its headquarters in San José, Costa Rica. [IACtHR] During this session, the Court handed down three judgments, which will be publicized soon, concerning forced disappearance, indigenous land rights, and arbitrary killings. The Court also issued orders regarding provisional measures in three cases. On

In Baytar v. Turkey, European Court of Human Rights Holds Criminal Defendants Have the Right to an Interpreter during Investigatory Proceedings

October 15, 2014 IJRC due process & judicial protection, European System, liberty & security of person, security & rule of law

Earlier this week, the European Court of Human Rights unanimously held that a criminal defendant has the right to free assistance from a translator during criminal investigatory proceedings if language barriers prevent the accused from having a full understanding of the consequences of waiving his or her rights to keep silent and to legal assistance. See ECtHR, Baytar v. Turkey,

New Advisory Opinion and Country Visit by the Inter-American Human Rights Bodies Clarify the Rights of Migrant Children

October 8, 2014 IJRC children, due process & judicial protection, family, immigration & asylum, Inter-American System, liberty & security of person

Last month, the Inter-American Court of Human Rights released an Advisory Opinion defining the scope of States’ obligations to protect the rights of migrant children and families. See I/A Court H.R., Rights and Guarantees of Children in the Context of Migration and/or in Need of International Protection, Advisory Opinion OC-21/14, 19 August 2014. State Parties to the American Convention on

In Karimov v. Azerbaijan, European Court of Human Rights Holds Special Polling Stations for Military Personnel Violate the Right to Free Elections

September 30, 2014 IJRC democracy & political rights, due process & judicial protection, European System, Uncategorized

Last week, the European Court of Human Rights held that the establishment of military polling stations, in contravention of the Azerbaijani Electoral Code, violated the right to free elections under the First Protocol to the European Convention on Human Rights. ECtHR, Karimov v. Azerbaijan, no. 12535/06, ECHR 2014, Judgment of 25 September 2014, para. 52. The applicant, Mr. Hasan Huseyn