Category Archives: liberty & security of person

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

Ethiopia: Mass Arrests Seen as Setback Amid Recent Progress

President Isaias Afewerki and Prime Minister Abiy Ahmed sign the Joint Declaration of Peace and Friendship
Credit: Yemane Gebremeskel via Wikimedia Commons

In recent weeks, the Ethiopian government has retreated from democratic reforms by arresting more than 1,200 individuals, killing several dozen, sending arrestees to “rehabilitation” camps, and shutting off mobile internet access as violence and protests reached the capital. [NYTimes: Arrests; Quartz] Among other reforms, new Prime Minister Abiy Ahmed had welcomed previously-outlawed opposition groups to return to Ethiopia and reopened the border with Eritrea, in keeping with a peace agreement signed earlier this year. [BBC; Amnesty International] Attacks and hate speech against ethnic minorities, and clashes with supporters of the returning opposition groups, have surged over the past year and displaced 1.5 million people; many have taken to the streets in peaceful protest, and civil society has criticized the government for arresting and killing protesters rather than protecting people from attacks. [Amnesty International] The violence continues to claim lives across the country. [Al Jazeera]

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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

Conflicts in Cameroon Escalate, Human Rights Experts Respond

People in a Cameroon Community
Credit: Sodeit via Wikimedia Commons

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.

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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

COE Parliamentary Assembly Holds Hearings Following Investigation into Members’ Corruption

Council of Europe Parliamentary Assembly
Credit: Council of Europe/ Candice Imbert

The Council of Europe Parliamentary Assembly (PACE) Rules Committee is set to hold a hearing today, May 15, on its findings on a member of PACE’s compliance with the PACE Code of Conduct following an investigation on allegations of corruption among members of PACE in connection to Azerbaijan; the independent investigation concluded that some PACE members have violated the PACE Code of Conduct. See PACE, Committee on Rules of Procedure, Immunities and Institutional Affairs Draft Agenda (2018). The PACE Rules Committee already held a hearing on four members mentioned in the conclusions of the investigation; issued findings on three, concluding only one violated the Code of Conduct; postponed the findings on the fourth member to today; and has dedicated itself to holding hearings on the conduct of the remaining PACE members mentioned in the report. [PACE Press Release: Findings]

Three former judges were appointed to carry out the investigation in May 2017, and nearly one year later, on April 15, 2018, the “Report of the Independent Body on the allegations of corruption within the Parliamentary Assembly” was released. The report found, among other conclusions, that several members of PACE who worked on issues related to Azerbaijan had conflicts of interest, and in one case, was accepting money in exchange for suppressing a report. See Council of Europe, Report of the Independent Body on the allegations of corruption within the Parliamentary Assembly (2018), xii, paras. 725-38. Following the release of the report, the Secretary General to PACE, Thorbjørn Jagland, observed in a public statement that PACE members have undermined the work of the Committee of Ministers of the Council of Europe and his own work to release a political prisoner in Azerbaijan. [Council of Europe Press ReleaseRead more

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