Monthly News Updates: Human Rights Mechanisms - February 2021
By: Suzanne Broer and Paul Weber, Junior Research Associates, 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.
EUROPE
European Court of Human Rights | New Inter-State Application Brought by Ukraine Against Russia Concerning Targeted Assassinations
Ukraine lodged an inter-state application against Russia concerning allegations of a Russian administrative practice of State-authorized targeted assassinations. The complaint concerns the alleged violation of the right to life under article 2 through killings of individuals perceived to be opposed to the Russian government by Russian state agents on Russian territory and the territory of other Council of Europe member states. [February 23, 2021]
European Court of Human Rights | Germany’s Investigation into NATO Operations in Afghanistan did not Violate Human Rights
In the grand chamber judgement in Hanan v. Germany the Court found that the respondent state’s investigations following the death of the applicant’s two sons in an airstrike in Afghanistan were sufficiently effective to satisfy procedural requirements of the right to life under article 2. In reaching its decision, the Court drew on the Code of Crimes against International Law to confirm the lawfulness of the attack.
The lack of an investigation in Afghanistan was sufficiently offset by the wealth of information available to German authorities and the high level of public scrutiny of the case to preclude a violation of human rights. [February 16, 2021]
European Court of Human Rights | Two new Inter-State Applications Lodged Concerning the Conflict in Nagorno-Karabakh
After the requests for interim measures by both Armenia and Azerbaijan regarding the conflict in Nagorno-Karabakh last fall, the Court now received inter-state applications by both states. Both applications concern allegations of widespread violations of the Convention during the hostilities between the two states. [February 4, 2021]
European Court of Human Rights | Criminal Conviction of Professor for Insulting the Turkish Prime Minister Violated Right to Freedom of Expression
The case of Dickinson v. Turkey concerned a British university professor in Turkey who exhibited a collage depicting Turkish prime minister Erdogan’s head glued to the body of a dog critical of Turkey’s support of the occupation in Iraq. The Court found that the conviction violated freedom of expression under article 10, particularly in light of the compliant attitude of the applicant after the initiation of criminal proceedings. [February 2, 2021]
AFRICA
African Commission on Human and People’s Rights | The Commission Expresses Concern Regarding Attacks on Journalists in Uganda
The Commission expressed concern following an attack on journalists who reported on a petition of a member of the opposition to a UN office by soldiers of the Ugandan military. It emphasized the important role of journalists for the functioning of democratic societies and the crucial need to protect them in doing their work. [February 20, 2021]
African Commission on Human and People’s Rights | The Commission Welcomes Sudan’s Decision to Establish Transitional Justice Institutions
The Commission welcomed the establishment of transitional justice institutions in line with Sudan’s peace agreement. It highlighted the need for addressing gross human and people’s rights violations during the conflict on the pathway to sustainable peace.
THE AMERICAS
Inter-American Commission on Human Rights | The Commission Grants Precautionary Protection Measures in Favor of Olman Onel Salazar Umanzor in Nicaragua
In Resolution 11/2021, Olman Onel Salazar Umanzor and his immediate family were granted precautionary protection measures, because they are deemed to be at serious risk of suffering irreparable harm to their human rights. Mr. Salazar is a social leader in an environmental community in Nicaragua who is a target of acts of aggression, threats, intimidation, and harassment. Several of these acts were allegedly committed by police officers. As a result, the IACHR requested the state of Nicaragua to take necessary measures to guarantee the right to life and personal integrity of Mr. Salazar and his immediate family, to consult the beneficiaries and their representatives, and to report on the actions it has taken to guarantee these rights. This precautionary measure, however, does not entail a prejudgment on a case that may be filed before the inter-American system. [February 4, 2021]
Inter-American Commission on Human Rights| The Commission Grants Precautionary Protection Measures in Favor of Members of the San Isidro Movement in Cuba
After the Office of the Special Rapporteur expressed concern about the persistent harassment of journalists, artists, and human rights defenders in Cuba on February 5, the Inter-American Commission on Human Rights proceeded to grant precautionary protection measures to 20 identified members of the San Isidro Movement on February 12. The San Isidro Movement is a group of artists, journalists, academics, and human rights defenders who focus on the right of freedom of expression. Due to the threats, harassment, surveillance, persecution, detentions, and acts of violence by state agents they allegedly face, they need protection to their right to life and physical integrity, also in the exercise of their activities as human rights defenders. [February 12, 2021]
UN MECHANISMS
Human Rights Experts | The United States is Urged to Implement Reforms that Address Policing and Racism
Several Special Rapporteurs, Independent Experts and Working Groups have come together to raise their concern about the excessive force used by American police in peaceful demonstrations. The UN experts are urging the United States government to adopt reforms that put an end to police violence and to address systemic racism. The experts based their advice on the report of the Philadelphia Office of the City on the response to the protests following George Floyd’s killing. [February 26, 2021]
Human Rights Council (Special Rapporteur on extrajudicial, summary, or arbitrary executions)| Potential Human Rights Violations in Iran’s Attack on PS752
On 8 January 2020, an Iran Revolutionary Guard Corp (IRGC) air defense unit fired two missiles at the Ukrainian plane PS752, killing all those on board in the context of heightened tensions following the United States’ killing of Iran’s General Soleimani. The Special Rapporteur finds several inconsistencies in Iran’s official explanations that followed the strike and argues that Iran violated multiple human rights obligations. [February 23, 2021]