Monthly News Updates: Human Rights Mechanisms - October 2020
By: Shaghayegh Javadinia, Junior Research Associate, PILPG-NL
The following post highlights the work of regional and international human rights mechanisms around the world in protecting human rights and combating violations thereof, especially during the COVID 19 pandemic.
EUROPE
European Court of Human Rights | Overcrowding in Oporto prison constituted degrading treatment for inmates
In the case of Bădulescu v. Portugal, the applicant, who is a Romanian national, was imprisoned for six and a half years in Oporto prison (Portugal) for theft. The applicant contested the condition of detention in Oporto prison during the time in which he was serving his sentence. The Court noted that the overcrowding and lack of personal space (less than three square meters per person) amounted to degrading treatment under Article 3 of the ECHR. describing it as a “hardship of an intensity exceeding the unavoidable level of suffering inherent in detention”.[October 20, 2020]
European Court of Human Rights | Violation of Convention concerning the procedural safeguards relating to expulsion of aliens
The case of Muhammad and Muhammad v. Romania concerns two Pakistani nationals living lawfully in Romania who were declared undesirable and deported based on terrorism allegations. The Court found a violation of their right to information about the reasons for expulsion since there was no permission for them to access important documents (classified as ‘confidential’) concerning their case. [October 15, 2020]
European Court of Human Rights | The Court indicates interim measures in Nagorno-Karabakh conflict
Following a further escalation of the conflict in Nagorno-Karabakh, the Court indicated interim measures for Turkey and all states involved in the conflict to comply with their obligations under the ECHR and to refrain from actions that breach Convention rights of civilians. [October 06, 2020]
On 7 October 2020, Turkish authorities requested the Court to lift the interim measures indicated concerning the Nagorno-Karabakh conflict. Reiterating the imminent risk of irreparable harm and urgency of the situation, the Court rejected Turkey’s request to lift any part of the indicated interim measures. [October 14, 2020]
AFRICA
African Commission on Human and People’s Rights | The Commission welcomes the landmark decision of the Tunisian court to remove discriminatory reference from a surname
The Commission welcomes the decision of a Tunisian Court to authorize the removal of the word “Atig” (“liberated by”) from the identity documents of the 81-year-old Karim Dali. This word has been used on identity documents to mark individuals as descendants of slaves. According to the Commission, this decision is a major step towards the fight against discrimination and respect for dignity, as per Articles 2 and 5 of the ACHPR. [October 22, 2020]
African Commission on Human and People’s Rights | Concerns about human rights violations by law enforcement institutions in Nigeria
The Commission calls on Nigeria to take the necessary measures to address the alleged human rights violations committed by the Special Anti-Robbery Squad (SARS) of the Nigerian Police Force. The Commission calls for a dissolution of the SARS but also recommends measures for reforming the unit and investigating the alleged violations. These violations include, among others, extra-judicial killings, torture, and unlawful arrests. [October 14, 2020]
THE AMERICAS
Inter-American Commission on Human Rights | Publication of practical guides on human rights in the context of COVID 19
Through its Rapid and Integrated Response Coordination Unit on COVID 19 Pandemic, the Commission has been publishing a series of handbooks on public policy recommendations and practical guidelines in response to COVID 19. The most recent guide addresses standards to ensure respect for the grieving, funeral rites, and memorials of those who died during the COVID 19 pandemic. [October 15, 2020]
Inter-American Court of Human Rights | Argentina held responsible for the illegal, arbitrary, and discriminatory detention and subsequent death of an afro-descendent person
The Court accepted the full acknowledgment of Argentina for its responsibility in violation of the rights to life, personal integrity, and personal liberty of José Delfín Acosta Martínez, who died in custody following his arrest and detention in 1966. The Court has ordered Argentina to provide reparation and to train its police force against racial profiling and detaining people of African descent. [October 14, 2020]
Inter-American Commission on Human Rights – IAComHR | Concern about threats to freedom of expression of journalists in Nicaragua
Two new bills have been presented before the Nicaraguan National Assembly that raise concerns about the freedom of expression of journalists and the media in Nicaragua. Additionally, the Commission and its Office of the Special Rapporteur for Freedom of Expression (RELE) have observed an increase in criminal cases and financial sanctions against journalists and the media in Nicaragua. [October 07, 2020]
UN MECHANISMS
Committee on the Rights of the Child | Spain’s age assessment procedures violate migrant children’s rights
Within 14 cases examined, the Committee found various violations of the Convention on the Rights of the Child, such as the right to identity, the right to be heard, and the right to special protection of children deprived of their family environment. In all cases, Spain made erroneous assessments of the migrant children’s age and did not provide the minors with the necessary protection. The Committee calls on Spain to prioritize the best interests of the child throughout the age assessment process. [October 13, 2020]
Human Rights Council (Special Rapporteur on the rights of indigenous peoples) | Indigenous people have been left out of COVID 19 responses
The UN expert calls for pandemic emergency protocols to consider the rights of indigenous people, and to incorporate traditional indigenous knowledge into their response to COVID 19. The Expert highlights the importance of allowing indigenous people to exercise their right to administer their health programs while providing them with accessible and non-discriminatory national health support. [October 12, 2020]
Human Rights Council (Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression ) | Egypt uses terrorism trials to target human rights activists
During the COVID 19 pandemic, Egypt has been using exceptional “Terrorism Circuit Courts” to charge human rights defenders with acts of terrorism. Egypt uses these courts to silence the activists, and they also infringe many fair trial guarantees and allow for detention as a form of de facto punishment. [October 08, 2020]