Monthly News Updates: Human Rights Mechanisms - January 2021
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 January.
EUROPE
European Court of Human Rights | Georgia v. Russia
In Georgia v. Russia, the Grand Chamber of the European Court of Human Rights (ECtHR) ruled upon the allegations made by Georgia against certain administrative practices of Russia in the context of the armed conflict between the two states in August 2008. The ECtHR found that Russia exercised “effective control” over the Georgian regions of South Ossetia and Abkhazia between August 12 and October 10, 2008. On this basis, the ECtHR held that the events occurring after the cessation of hostilities had fallen within the jurisdiction of Russia and found a number of violations of the European Convention on Human Rights. [January 21, 2021]
European Court of Human Rights | Ukraine v. Russia
In Ukraine v. Russia, the ECtHR declared the case partly admissible. In this Inter-State application, Ukraine brought a complaint before the ECtHR regarding Russia’s alleged pattern of human rights violations in Crimea. The ECtHR clarified that it was not concerned with deciding whether Crimea’s admission into Russia had been lawful under international law. Instead, the ECtHR focused on deciding whether Russia had jurisdiction over Crimea from February 27, 2014. After deciding that Russia did in fact have jurisdiction over Crimea, the ECtHR declared admissible all but a few of the allegations of human rights violations brought by Ukraine against Russia. [January 14, 2021]
THE AMERICAS
Inter-American Commission on Human Rights | The Commission condemns the application of the death penalty to Lisa Montgomery in the United States of America
Lisa Montgomery, who was the beneficiary of a precautionary measure granted in December 2020 by the Inter-American Commission on Human Rights (IACHR), was executed on January 13, 2021, in the United States of America. The IACHR stressed that the precautionary measures issued in favor of Lisa Montgomery aimed to preserve her rights until it could assess the merits of her case. The IACHR strongly condemned this application of the death penalty at the federal level by the United States. [January 15, 2021]
Inter-American Commission on Human Rights | The Commission Condemns Violence Against the United States Capitol and Against Democratic Processes in the United States
On January 6, 2021, during the certifying of the votes on the United States presidential election held on November 3, 2020, hundreds of people forcefully entered the Capitol building in Washington, D.C. The IACHR strongly criticized these acts of violence and urged public officials “to cease speeches that encourage hatred or violence against officials and institutions that embody the rule of law.” Furthermore, the IACHR reiterated the importance of democratic institutions in ensuring respect for human rights and the rule of law. The IACHR also highlighted that these acts of violence are the result of a “complex misinformation process” regarding the elections, and requested the individuals involved to base their complaints on facts and to follow and respect due procedure before the relevant institutions for their complaints. The IACHR urged the United States’ public officials to “condemn and not justify this type of violence.” [January 8, 2021]
Inter-American Court of Human Rights | Website on the Joint Work of Three Regional Human Rights Courts
As part of their ongoing joint judicial dialogue, the IACHR, the ECtHR, and the African Court of Human and People’s Rights have launched a website on their joint work. [January 5, 2021]
UN MECHANISMS
Human Rights Committee | Democratic Republic of the Congo violated the right to life of Pascal Kabungulu
Pascal Kabungulu was a human rights defender who was killed in an extrajudicial killing in front of his family in 2005. His family has spent 15 years seeking justice before the judicial system of the Democratic Republic of the Congo (DRC). The Congolese authorities, however, refused to address the extrajudicial killing and to conduct a criminal trial for those responsible for the killing. In 2016, Mr. Kabungulu’s family brought the case before the Human Rights Committee. The Human Rights Committee found that, by refusing to conduct criminal investigations and proceedings into the violations, the DRC had violated Mr. Kabungulu's right to life, and his family’s right to an effective remedy. [January 13, 2021]
Human Rights Council (Special Rapporteur on extrajudicial, summary, or arbitrary executions) | Call for Standards to Protect Aircraft over Conflict Zones
January 8 marked the first anniversary of the downing of Ukraine International Airlines Flight PS752 by an Iranian missile. Iran targeted this flight in the context of the heightened tensions between itself and the United States, killing 176 people on board. On this occasion, the UN experts called for urgent measures “to protect civilian aircraft flying in conflict zones or areas of high military tension.” The UN experts suggested that in such situations, regardless of whether the situation is classified as an armed conflict, states need to close the airspace under their jurisdiction. As such, establishing “clear, explicit, and unambiguous” international standards on when states need to close their airspace or restrict flights is of utmost importance for civilian air safety. The UN experts proposed for an independent entity to be responsible for creating air safety standards, as states and airlines tend to prioritize other motives over safety. According to Agnes Callamard, the UN Special Rapporteur on extrajudicial, summary, or arbitrary executions, the current international system responsible for civilian air safety is not fit for purpose. [January 7, 2021]