The United Nations Committee Against Torture (CAT) issued its first decision against the State of Bosnia and Herzegovina, finding that rape and other acts of sexual violence constitute torture under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention), and ordering the State to pay “fair and adequate compensation” and provide free medical and psychological care to the victim. See Committee Against Torture, Mrs. A v. Bosnia and Herzegovina, Communication No. 854/2017, Views of 22 August 2019, UN Doc. CAT/C/67/D/854/2017. This decision, which concerns the rape of a Bosnian woman in the early 1990s during the Bosnian war, is the first CAT decision to examine a State’s responsibilities with respect to sexual violence committed during a period of internal armed conflict. [Trial International] In deciding Mrs. A’s complaint, the Committee applied the standards set out in earlier general comments and concluding observations, and clarified that States must ensure redress – including compensation – for victims of torture, regardless of an individual perpetrator’s ability to pay or statutes of limitation on such claims. See Mrs. A v. Bosnia and Herzegovina, Views of 22 August 2019, paras. 7.5-9.
Category Archives: liberty & security of person
In August, universal and regional human rights bodies and experts will review States’ compliance with their human rights obligations through the consideration of State and civil society reports and country visits. Three United Nations treaty bodies will hold sessions to assess States’ progress regarding the prevention of torture, the elimination of racial discrimination, and the rights of persons with disabilities. Five UN special procedures will conduct country visits in August. Additionally, the UN Working Group on arbitrary detention will hold a session in Geneva. Of the regional bodies, the Inter-American Court of Human Rights (IACtHR) will hold a special session this month.
The UN treaty body sessions may be watched via UN Web TV. The public hearings of the IACtHR may be viewed on the IACtHR’s Vimeo page. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.
In July, a number of universal and regional human rights bodies and experts will review States’ compliance with their human rights obligations through the consideration of State and civil society reports and country visits. Three United Nations treaty bodies will hold sessions to assess States’ progress regarding the rights of women, civil and political rights, and the prevention of torture. The Human Rights Council will continue its consideration of the overall human rights situations in 15 countries. Three UN special procedures will conduct country visits in July. Additionally, the UN Working Group on mercenaries and the Expert Mechanism on the Rights of Indigenous Peoples will hold sessions in Geneva. Of the regional bodies, the European Committee of Social Rights (ECSR) will be in session and the European Court of Human Rights (ECtHR) will hold two Grand Chamber hearings.
The UN treaty body sessions may be watched via UN Web TV. The public hearings of the ECtHR may be viewed via the ECtHR’s website. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.
In June, several universal and regional human rights bodies and experts will review States’ compliance with their human rights obligations through the consideration of State and civil society reports and country visits. One United Nations treaty body will hold a session to assess States’ progress regarding the prevention of torture, and the Committee on the Rights of the Child Pre-Sessional Working Group will meet privately. The Human Rights Council will consider the overall human rights situations in 15 countries. Two UN special rapporteurs and one independent expert will conduct country visits in June. Additionally, the Working Group on the issue of discrimination against women in law and practice will hold a session in Geneva. Of the regional bodies, the African Court on Human and Peoples’ Rights (AfCHPR) will be in session and the European Court of Human Rights (ECtHR) will hold a Grand Chamber hearing.
The public hearings of the AfCHPR and the ECtHR may be viewed via the AfCHPR’s YouTube page, and the ECtHR’s website, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.
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
In February, various universal and regional human rights bodies and experts will review States’ compliance with their human rights obligations through the consideration of State and civil society reports, country visits, and the review of individual complaints. Four United Nations treaty bodies and one pre-sessional working group will hold sessions to assess States’ progress regarding children’s rights; the prevention of torture; economic, social and cultural rights; and the rights of women. The Human Rights Council will be holding one of its three regular sessions and the Universal Periodic Review (UPR) Working Group will conduct interactive dialogues with representatives from 14 States. One UN special rapporteur and one UN working group will conduct country visits in February, and three UN working groups will hold sessions. Of the regional bodies, the Inter-American Commission on Human Rights (IACHR), the Inter-American Court of Human Rights (IACtHR), and the European Court of Human Rights (ECHR) will be holding public sessions.
The UN treaty body and UPR sessions may be watched via UN Web TV. The public hearings of the IACtHR, the IACHR, and the European Court may be viewed via the IACtHR’s Vimeo page, the IACHR’s website, and the European Court’s website, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar. Read more
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]
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
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]
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