Monthly News Updates: Human Rights Mechanisms - November 2020
By: Shaya Javadinia, Junior Research Associate, PILPG-NL
The following post summarizes and highlights some of the updates on the work of regional and international human rights mechanisms around the world in the month of November.
EUROPE
European Court of Human Rights | Pre-trial detention of journalist Ahmet Şık violated the Convention
In Şık v. Turkey, the applicant is a journalist who was suspected of circulating propaganda in favor of organizations considered to be terrorist organizations by publishing articles in the Turkish daily newspaper Cumhuriyet, and posting on social media . The Court found a violation of the applicant’s right to liberty and security (Article 5(1) of the European Convention on Human Rights) as his detention for the above-mentioned offences was based on mere suspicion. Furthermore, the Court found that the interference with the freedom of expression of the applicant (Article 10 European Convention on Human Rights) was not prescribed by law, as the material he published only instigated a public debate on facts, and did not support nor promote the use of violence or terror. [November 24, 2020]
European Court of Human Rights | Insufficient compensation for inhuman conditions of detention
In Barbotin v. France, the Court found a violation of the applicant’s right to an effective remedy (Article 13) and the prohibition of inhuman or degrading treatment (Article 3 of the European Convention on Human rights). While the applicant had been awarded compensation by the French domestic courts for the inhuman conditions of his detention, he had to pay the fees for the expert investigating the prison conditions himself. The Court decided that the fact that the applicant had to bear the costs for the expert’s fees hindered the effectiveness of the compensation remedy provided to him and resulted in a violation of his Convention rights. [November 19, 2020]
European Court of Human Rights | Right of prisoners to receive meals compatible with the precepts of their religion
In Saran v. Romania, the Court found a violation of the applicant’s (Mr. Saran) right to freedom of religion (Article 9 of the European Convention on Human Rights) on the basis that he wasdenied meals consistent with the precepts of his religion (Islam) during his time as a prisoner in two of the five Romanian prisons in which he was held. The Romanian authorities had asked the applicant to provide written proof of his adherence to Islam, in absence of which they refused to provide him with meals in compliance with his religion. The Court found that the authorities, in refusing to provide the requested meals, had not fairly balanced the interests of the prison, the other prisoners, and the individual interest of Mr. Saran. [November 10, 2020]
European Court of Human Rights | Launch of Ukrainian HUDOC case-law database
Pending cases against Ukraine represent approximately 16 percent of the overall caseload of the European Court of Human Rights. For that reason, the Court has launched a Ukrainian user interface of its case-law database HUDOC, in cooperation with the Ukrainian Ministry of Justice, the Office of the Agent of Ukraine before the Court, and the Council of Europe office in Ukraine. This interface follows the example of the existing English, French, Georgian, Russian, Spanish, and Turkish versions of HUDOC. The newly launched database aims to enhance understanding of the Court’s case law amongst the public and legal professionals, which could in turn help to increase the correct application of European standards in domestic courts. [November 5, 2020]
AFRICA
African Commission on Human and People’s Rights | Concern over the current situation of armed conflict unfolding in the Federal Democratic Republic of Ethiopia
The Government of Ethiopia has launched a military offensive against the Tigray People’s Liberation Front (TPLF) in response to the TPLF’s attack on the Northern Command of the Ethiopian National Defense Forces on November 4, 2020. These armed encounters have resulted in the killing and forced displacement of many civilians, posing a significant risk of violation of their fundamental human rights. The Commission has called on the Government of Ethiopia to respect its obligations under international human rights law and to abide by international humanitarian law during the armed conflicts. Furthermore, the Commission has warned all parties involved in the conflict against war crimes, genocide, and crimes against humanity, and has encouraged them to engage in dialogue to settle their dispute peacefully. [November 26, 2020]
African Commission on Human and People’s Rights | The Commission calls on Burkina Faso to respect voting rights of its citizens
The Commission has been informed of incidents of disruptions of voter registrations by extremist groups in certain regions of Burkina Faso. These incidents were followed by the Burkinabé parliament passing a new law that allows for votes to be counted regardless of people’s access to polling stations. The Commission reminds the Burkinabé authorities of their obligation to ensure the respect of the the right to vote and requests that authorities take measures necessary to ensure their citizens can effectively exercise this right. [November 11, 2020]
THE AMERICAS
Inter-American Commission on Human Rights | The Commission adopts precautionary measures in favor of human rights defenders in Cuba
The Commission granted precautionary measures in favor of a family of human rights defenders at risk of irreparable damage to their human rights in Cuba. The individuals requested the precautionary measures as Cuban state agents and third parties were allegedly subjecting them to threats, harassment, detentions, and acts of violence as a result of their work as human rights defenders. In the precautionary measures, the Commission requested Cuba to implement the necessary measures to protect the rights to life and personal integrity of these individuals, and to allow them to carry out their work as human rights defenders without being subjected to harassment. [November 24, 2020]
Inter-American Commission on Human Rights | Creation of Interdisciplinary Group of Independent Experts for Bolivia
The Inter-American Commission on Human Rights has established, by means of an agreement with Bolivia, a new Interdisciplinary Group of Independent Experts for Bolivia (GIEI-Bolivia). This mechanism aims to assist with the investigation of acts of violence and human rights violations which took place in Bolivia between September 1, and December 31, 2019. The Commission views GIEI-Bolivia as an impartial mechanism with technical expertise and integrity, which will ensure that those responsible for the violations are identified, and will offer appropriate recommendations on the issue. [November 20, 2020]
Inter-American Court of Human Rights | Basic course on Human Rights for Non-Lawyers
On November 5, the Court held a basic course on human rights for non-lawyers in Central America that discussed the impact of the Court’s case-law on human rights situations in the region. This course was offered as a part of the “Training and awareness-raising on human rights in the midst of the COVID 19 pandemic” Project, and aimed to train the non-legal community of the region on methods of teaching and learning about human rights. [November 9, 2020]
UN MECHANISMS
The Committee on Enforced Disappearances | The Committee urges Iraq to end impunity for enforced disappearances
The Committee on Enforced Disappearances has expressed concerns over the persistent pattern of enforced disappearances in Iraq, and urges Iraq to promptly implement the offence of enforced disappearances into their domestic criminal legislation. Iraq has taken some positive steps in ending enforced disappearance by setting up fact finding committees and drafting the Bill on the Protection of Persons from Enforced Disappearance. However, the Committee has expressed concerns over the delayed adoption of the Bill, which hinders the prompt criminalization of the offence and compliance with the International Convention for the Protection of All Persons from Enforced Disappearance. [November 27, 2020]
The Committee on the Elimination of Racial Discrimination | Publication of recommendations on combating racial profiling
The Committee on the Elimination of Racial Discrimination has published general recommendations on preventing and combating racial profiling by law enforcement officials. These recommendations aim to guide states in overcoming, among other things, algorithmic bias in their use of Artificial Intelligence (AI) for law enforcement purposes. Use of AI and other new technology in law enforcement can increase the risk of using discriminatory practices in determining the likelihood of criminal activity, which can lead to serious violations of human rights. In these guidelines, the Committee encourages states to ensure compliance with international human rights law in their use of algorithmic profiling technology. [November 26, 2020]
Human Rights Council (Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Wave of mass executions and unfair trials in Iraq are concerning
The United Nations human rights experts have expressed concerns over the number of prisoners facing execution sentences based on terrorism-related convictions in Iraq. Trials under Anti-Terrorism Law have been depriving the defendants of basic access to a fair trial, and frequently result in execution sentences. The experts urge Iraq to halt mass executions immediately, to respect its international obligation to refrain from arbitrary deprivation of life, and to offer fair trials to individuals accused of terrorism crimes. [November 20, 2020]
Human Rights Council (Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health) | Monopolizing vaccines against COVID 19 is counterproductive
The United Nations experts have criticized the nationalism surrounding the attempt to secure vaccines for fighting the COVID-19 pandemic, and call on countries to adopt a joint human-rights based approach to ensure mass immunization. The experts highlight the need for international cooperation in order to ensure that everyone has access to the COVID19 vaccine, especially vulnerable people living in poverty, and reminds the community that “no one is secure until all of us are secure.” [November 9, 2020]
Human Rights Council (Special Rapporteur on the Situation of Human Rights in Myanmar) | Call for Myanmar to refrain from limiting democracy in the general election
The Special Rapporteur has expressed his support for the standards set up by Myanmar to ensure that the upcoming elections are free, fair, and reflect the will of the people, but points out that this cannot happen as long as other national laws continue to undermine democracy. In Myanmar, freedom of expression is highly limited, and the right to vote is still denied based on race, ethnicity, and religion. The Special Rapporteur calls on Myanmar to lift censorship of the state media, which is one of the only ways for the candidates to reach out to the voters during the COVID-19 pandemic, and to introduce reforms upholding and enhancing democracy in the country. [November 2, 2020]