Monthly News Updates: Human Rights Mechanisms - May 2021
By: Irene Aparicio García, 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 May.
EUROPE
European Court of Human Rights | Adjudication of two cases concerning the governmental intelligence and surveillance of communications
The ECtHR has adjudicated two cases concerning governmental intelligence programs and surveillance of communications. The first case concerns several organizations and individuals who believe their private communications were intercepted by U.K. government officials after the Snowden revelations. The ECtHR held that two of the three practices under consideration violated Articles 8 and 10 of the European Convention on Human Rights. The second case challenged the legality of Swedish legislation allowing for the interception of communications when the Foreign Intelligence Court grants a signals-intelligence permit. The ECtHR found a violation of Article 8 of the ECHR. [May 25, 2021]
European Court of Human Rights | The ECtHR finds a violation of two journalists’ right to liberty after publishing the emails of the Turkish Energy Minister
The ECtHR issued its judgment on a case concerning the arbitrary detention of two journalists who published several confidential emails authored by the Turkish Energy Minister. The journalists obtained the emails from WikiLeaks, which inadvertently gained access to the Minister's emails and made them available online to the public. The ECtHR found that Turkey violated the applicants’ rights to liberty and security, their right to a fair trial, and their freedom of expression. [May 18, 2021]
European Court of Human Rights | Armenia files a complaint against Turkey for its intervention in the Nagorno-Karabakh war
Armenia has filed an inter-state complaint to the ECtHR against Turkey regarding the 2020 Nagorno-Karabakh war. The case concerns Turkey’s involvement in the conflict by allegedly providing support to Azerbaijan's armed forces. This follows the ECtHR’s interim measures taken in October, which called on third states to not intervene in the conflict. The ECtHR has notified Turkey of the application and will now consider the admissibility of the complaint. [May 18, 2021]
European Court of Human Rights | The Grand Chamber will examine two inter-state complaints between Azerbaijan and Armenia
The Grand Chamber of the ECtHR will examine two cases concerning inter-state complaints between Azerbaijan and Armenia submitted to the Court in the fall of 2020. The cases concern violations of the European Convention on Human Rights during the hostilities between the two states. The Grand Chamber of the ECtHR will now consider the case. [May 12, 2021]
European Court of Human Rights | The ECHR notifies Poland of five cases concerning its reform of the judicial system
The ECtHR gave notice to Poland of five applications concerning lack of independence in its newly reformed judicial system. The Court will consider these applications with highest urgency (Category I under the prioritization scheme). All applications concern violations of the right to a fair trial under Article 6(1) of the European Convention of Human Rights, among other alleged violations. [May 10, 2021]
AFRICA
African Commission on Human and People’s Rights | The ACHPR condemns the military coup in Mali
The ACHPR has issued a statement condemning the military coup in Mali. On May 24, members of the armed forces arrested the Malian interim president, prime minister, and minister of defense. This is the second coup in Mali in nine months. The ACHPR has warned against unconstitutional changes in government rulership and their impact on peace and security in the region. [May 26, 2021]
THE AMERICAS
Inter-American Commission of Human Rights | The IACHR convenes three ex officio hearings regarding the human rights situation in Colombia, El Salvador, and Brazil
The IACHR will hold three public hearings on its own initiative regarding the human rights situation in Colombia, El Salvador, and Brazil. In the case of Brazil, the hearing will regard the human rights situation in the context of the COVID-19 pandemic. [May 21, 2021]
Inter-American Commission of Human Rights | The IACHR requests Colombia’s permission to conduct a working visit following the excessive use of force during the protests
The IACHR has requested Colombia’s authorization to conduct a state visit following the reports of the security forces’ excessive use of force and human rights violations during the civilian protests that started on April 28. The request follows the IACHR’s receipt of thousands of requests from civil society groups and associations to conduct the working visit. The armed forces allegedly conducted arbitrary detentions, enforced disappearances, sexual violence, and torture towards the protesters. [May 14, 2021]
The UN and OAS human rights experts have also condemned the violence and called on the Colombian government for an exhaustive investigation. [May 14, 2021]
Inter-American Commission of Human Rights | The IACHR condemns the illegal removal of five judges and the attorney general in El Salvador
The IACHR has called on El Salvador to respect constitutional processes and the American Convention following the removal of the attorney general and five judges from the Constitutional Chamber of the Supreme Court of Justice. The IACHR reminded El Salvador of its commitments to due processes and the rule of law. Moreover, the IACHR started a Rapid and Integrated Response Coordination Unit to monitor the human rights situation in the state. [May 3, 2021]
UN MECHANISMS
Human Rights Council (several UN experts) | UN experts welcome the ceasefire in Gaza and request an ICC investigation
Several UN experts welcomed the ceasefire between Israel and Palestinian armed groups in Gaza. The experts have also called for the ICC to investigate whether the parties’ acts during the recent escalation might amount to international crimes under the Rome Statute. [May 21, 2021]
Moreover, the Human Rights Council announced the holding of a special session on the human rights situation in the Occupied Palestinian Territories. [May 20, 2021]
During the session, the Council adopted a resolution that establishes an international commission of inquiry to investigate violations of international humanitarian law and international human rights law since April 13 in the Occupied Palestinian Territory. [May 27, 2021]
Lastly, the High Commissioner for Human Rights published a statement regarding the escalating violence. The High Commissioner called for both parties to stop the violence and respect international humanitarian and human rights law, particularly the principles of proportionality, distinction, and precaution. [May 15, 2021]
Human Rights Council (Special Rapporteur on the situation of human rights in Myanmar et al.) | UN experts recognize the US, UK, and Canada’s sanctions against Myanmar
Several UN human rights experts have recognized the U.S., U.K., and Canada’s imposition of sanctions against Myanmar to stop the military junta’s human rights violations. The experts have particularly welcomed the U.S. decision to sanction the State Administrative Council, which prohibits transactions in U.S. dollars even from non-American banks. Such sanctions may significantly affect the finances of Myanmar’s military junta. [May 20, 2021]
UN Committee on Enforced Disappearances | The Committee issues its findings on Switzerland, Colombia, and Mongolia
The UN Committee on Enforced Disappearances has published its findings on Switzerland, Colombia, and Mongolia regarding their compliance with the International Convention for the Protection of all Persons against Enforced Disappearance. Regarding Switzerland, the Committee looked into the illegal adoption of Sri Lankan children during the 80s and 90s. As for Colombia, the Committee highlighted the state’s efforts in creating a mechanism to search for disappeared individuals. Nevertheless, it also reminded Colombia of the unconcluded investigations regarding more than 94,000 victims still missing. Lastly, regarding Mongolia, the Committee highlighted the narrow definition of enforced disappearances in the state. [May 11, 2021]