News

April 2021

Monthly News Updates: Human Rights Mechanisms - April 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 April.

EUROPE

European Court of Human Rights | Protocol No. 15 to the European Convention on Human Rights will enter into force following Italy’s ratification

Protocol No. 15 to the European Convention on Human Rights will enter into force on August 1, 2021, following Italy’s ratification.  The Protocol includes amendments to the Convention, such as the reduction of the time period during which applicants may submit complaints to the Court, which will change from six months to four. [April 22, 2021]

European Court of Human Rights | The ECHR notifies Russia of Aleksey Navalnyy’s application regarding ill-treatment during his imprisonment

The ECHR has notified Russia of the submission of an application by Aleksey Navalny against the Russian state.  In January, Navalny, a well-known member of the Russian political opposition, complained that the ill-treatment he is suffering during his imprisonment threatens his right to life.  The notification includes several questions from the ECHR to Russia. [April 19, 2021]

European Court of Human Rights | Final judgment on the case of the unvaccinated children of the Czech Republic

The Court decided there was no violation of the right to respect for private life in a case concerning Czech children who were refused admission to nursery schools because they missed certain vaccinations.  The Court considered the request for medical reports proving that the applicants’ children were vaccinated as a valid measure aimed at protecting the health of the population.  The victims alleged that the Czech state violated their right to privacy after they were rejected from the schools. [April 8, 2021]

ASIA

ASEAN Intergovernmental Commission on Human Rights | AICHR suggests that ASEAN members take in refugees from Myanmar

The AICHR claimed that ASEAN members may take in refugees from Myanmar who are fleeing from the current political situation.  The representative of Malaysia to the AICHR first suggested this during a UN webinar on Myanmar’s crisis.  

The chief of the military junta, Min Aung Hlaing, attended the ASEAN Leaders Meeting on the crisis in Myanmar held in Jakarta on April 24.  Following the meeting, ASEAN has published a statement calling for the violence to stop and for a peaceful negotiation process. [April 24, 2021]

ASEAN Intergovernmental Commission on Human Rights | The AICHR discusses the situation in Myanmar and COVID-19 during its Annual Meeting  

The AICHR held its annual meeting between April 6 and 8.  The Representatives discussed the human rights situation in Myanmar and called on all parties to stop the violence.  The Representative of the Philippines called on Myanmar to respect the principles of the ASEAN Charter and the ASEAN Human Rights Declaration.  During the meeting, the Representatives also discussed the implementation of the ASEAN strategy to mitigate the consequences of the COVID-19 pandemic. [April 9, 2021]

AFRICA 

African Commission on Human and People’s Rights | Human Rights Watch urges the African Commission on Human and People’s Rights to protect human rights advocates in Chad 

Human Rights Watch calls on the African Union and on the African Commission on Human and People’s Rights to monitor the situation in Chad after the death of President Idriss Déby on April 20.  The death of the President followed the detention of protesters and members of the opposition before the April 19 national elections, allegedly won by Déby.  Human Rights Watch addressed the African Commission on Human and People’s Rights to prevent escalation of the situation. [April 20, 2021]

African Commission on Human and People’s Rights | Biannual meeting with the Inter-American Court of Human Rights held on April 14

The Registry Staff of the African Court on Human and Peoples’ Rights and the Inter-American Court for Human Rights held their biannual meeting on April 14.  Both parties discussed the progress and challenges in the compliance of their decisions given and the monitoring of their implementations. [April 14, 2021]

African Commission on Human and People’s Rights | Concern of the ACHPR over attacks by armed rebels in Mozambique

The ACHPR expressed concern over the violent attacks by armed rebels that took place in Palma, northern Mozambique, on March 24.  The ACHPR reminded Mozambique of its obligations under the African Charter on Human and Peoples' Rights and has urged the state to respect the rights of the victims. [March 30, 2021]

THE AMERICAS

 Inter-American Commission on Human Rights | The IACH welcomes the entry into force of the Escazú Agreement

The IACH welcomed the Escazú Agreement and its entry into force on April 22, the International Mother Earth Day.  The agreement, properly named the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, aims at protecting the human rights of environmentalist activists, including advocates of territory and land property rights. [April 21, 2021]

Inter-American Commission on Human Rights | The IACHR and the IACtHR publish their 2020 Annual Reports 

The IACHR has published its 2020 Annual Report.  The report includes the results and recommendations given throughout the past year and monitors the compliance with human rights and with the IACHR’s decisions in the Americas.  The report recognizes the challenge to the protection of human rights caused by the  COVID-19 pandemic, and also the progress made in prosecution processes.  Moreover, the IACtHR has also published its 2020 Annual Report, which includes a summary of the sessions held in 2021 and monitors compliance with its judgments. [April 16, 2021]

Inter-American Commission on Human Rights | IACHR issues a resolution on COVID-19 vaccines 

The IACHR has published a resolution calling for the fair distribution of COVID-19 vaccines in the Americas.  The resolution includes recommendations and calls for respecting human rights in the distribution and administration of the vaccine. [April 7, 2021]

UN MECHANISM

Human Rights Council (Special Rapporteur on the human rights of internally displaced persons) | UN experts welcomes the Iraqi’s Law on Yazidi [Female] Survivors

The Special Rapporteur on the human rights of internally displaced persons has welcomed the adoption of Iraq’s Law on Yazidi Female Survivors.  The law recognizes ISIS crimes against several minorities in Iraq, including Yazidis and Christians, as genocide and crimes against humanity.  Nevertheless, the Special Rapporteur also expressed concern over the children of Yazidi women who were conceived from rape by ISIS members.  As such, the women are frequently forced to abandon them and the law continues to not encompass this. [April 21, 2021]

UN High Commissioner for Human Rights | Statement on the conviction of Derek Chauvin in George Floyd’s case 

The UN High Commissioner for Human Rights issued a statement on the conviction of Derek Chauvin for the murder of George Floyd.  The High Commissioner stressed the significance of the verdict and also highlighted the long journey ahead in ending impunity for racial crimes.  She also called for continuing efforts to mitigate structural discrimination and encouraging equality even after the media coverage of this case fades. [April 21, 2021]

Human Rights Committee | Publication of the findings on Finland and Kenya

The UN Human Rights Committee has published its findings on Kenya and Finland regarding their compliance with the International Covenant on Civil and Political Rights.  The Committee recalled Finland of women’s inequality following the COVID-19 pandemic, while Kenya was reminded to address the electoral violence in the state. [April 14, 2021]

UN High Commissioner for Human Rights | Continued violence in Myanmar risks to amount to a humanitarian disaster similar to that of Syria in 2011

The UN High Commissioner for Human Rights urges all states to take effective measures against the human rights violations committed by Myanmar’s military, following yet another violent week.  The Commissioner has compared the Myanmar situation to that of Syria and has alerted the international community of the increasing possibility that the conflict may turn into a civil war.  As such, the Commissioner recalled the international community of their responsibility to not repeat the mistakes they made in Syria. [April 13, 2021]

Committee on the Elimination of Discrimination against Women | Decision against Libya regarding the detention of a women’s rights activist 

The Committee on the Elimination of Discrimination against Women published its decision on an individual complaint against Lybia.  The case concerns the illegal detention and torture of a woman that advocated for women’s rights in Lybia.  The woman was detained by members of a militia, and the Lybian state failed to investigate and punish the crime.  This is the first time that the CEDAW issues a decision on an individual complaint against a North African state. [April 7, 2021]

Human Rights Council (UN experts from Working Groups and Special Rapporteurs) | Concern over police abuses against protesters and journalists in Belarus

Following detentions during the protests surrounding Freedom Day in Belarus, several UN experts expressed their concern over arbitrary detentions and excessive force used by the police.   The experts call for an end to the abuses towards protesters and journalists. [April 1, 2021]

April 2021

Monthly News Updates: Domestic Prosecution of International Crimes - April 2021

By: Alexandrah Bakker, Research Associate, PILPG-NL 

The following post highlights developments from around the world in the domestic prosecution of international crimes.  This month saw developments at all stages of criminal proceedings, including the filing of criminal complaints, arrests of high-profile suspects, and long-awaited convictions.

EUROPE

Serbia | Trial opens in the case of former Kosovo Liberation Army member accused of war crimes

Proceedings began at the Belgrade Higher Court in the case against Nezir Mehmetaj, a former Kosovo Liberation Army fighter.  Prosecutors accuse Mehmetaj of participating in war crimes against civilians in June and July 1999.  Prosecutors allege that Mehmetaj killed seven people and participated in the looting and burning of houses. [April 22, 2021] 

The Netherlands | District Court of The Hague convicts Syrian man of war crimes

The District Court of The Hague sentenced a Syrian asylum-seeker to six years’ imprisonment following his conviction of membership of the terrorist organization Ahrar al-Sham and of the war crime of outrage upon personal dignity.  The war crime charge relates to a video the defendant filmed of himself and others spitting on and kicking enemy bodies. [April 21, 2021] 

Germany | Düsseldorf State Court convicts German woman of war crimes and crimes against humanity 

The Düsseldorf State Court convicted a German woman of participating in a foreign terrorist organization, neglecting her duties of care toward a minor, war crimes, weapons offenses, and being an accessory to a crime against humanity.  The woman traveled to Syria in 2015 to join the Islamic State, lived in apartments seized by the Islamic State, and used an enslaved Yazidi woman to clean her home and take care of her daughter. [April 21, 2021] 

Sweden | NGOs file a criminal complaint against members of the Syrian government over chemical weapons attacks

Four NGOs filed a criminal complaint with Swedish police against Syrian President Bashar al-Assad and other members of the Syrian government.  The complaint alleges that the individuals committed attacks using chemical weapons in 2013 and 2017, resulting in the deaths of hundreds of civilians. [April 19, 2021] 

Germany | NGOs file a criminal complaint against Chechen officials for crimes against humanity against the LGBTQ population

The European Center for Constitutional and Human Rights and the Russian LGBT Network filed a criminal complaint in Germany against five Chechen officials.  The complaint accuses the officials of persecution, unlawful arrests, torture, incitement to murder, and sexual violence, against members of Chechnya’s LGBTQ population. [April 18, 2021]

France | French authorities arrest Rwandan priest over the role in 1994 genocide

French authorities arrested Marcel Hitayezu, a Rwandan priest, over his alleged role in the 1994 Rwandan genocide.  Prosecutors charged Hitayezu with genocide and complicity in crimes against humanity for providing food to members of the Interahamwe, a paramilitary organization that played a large role in the genocide. [April 16, 2021]

AFRICA

Senegal | Senegalese court refuses Hissène Habré’s request for temporary leave from prison

The Dakar High Court refused Hissène Habré’s request for a 6-month leave from prison.  Habré, the former president of Chad, is serving a life sentence in Senegal following his conviction for crimes against humanity by the Extraordinary African Chambers in 2016.  Habré had requested temporary leave due to the Covid-19 pandemic. [April 19, 2021]

Rwanda | Rwanda Bureau of Investigation arrests woman deported from the United States over the role in 1994 genocide

The Rwanda Bureau of Investigation arrested Beatrice Munyenyezi, who had just arrived in Rwanda following her deportation from the United States for lying on her naturalization application.  Munyenyezi faces charges of murder and complicity in rape as a result of her position in charge of a roadblock during the genocide. [April 17, 2021]

April 2021

Monthly News Update: International Criminal Court – April 2021

By: Inne Flies, Junior Research Associate, PILPG-NL 

This news update synthesizes information concerning the International Criminal Court (ICC).  This month included the United States (US) lifting its sanctions against ICC personnel, opposition against the ICC investigation into war crimes allegedly committed in Palestine, full implementation of reparations in the Central African Republic (CAR), and sentencing hearings in The Prosecutor v. Dominic Ongwen.  The presented information is drawn from different online news platforms and ICC documents.

ICC

Andres Parmas elected member of the Board of Directors of the Trust Fund for Victims

The Assembly of State Parties to the Rome Statute elected Mr. Andres Parmas as a member of the Board of Directors of the Trust Fund for Victims (TFV).  The Eastern European group of State Parties had previously nominated Mr. Parmas by consensus.  Mr. Parmas will continue the term of office of Mr. Gocha Lordkipanidze, who was sworn in as judge at the ICC in March 2020.  [April 22, 2021]

US lifts sanctions and visa restrictions against ICC personnel

US President Joe Biden has revoked Executive Order 13928, thereby lifting the sanctions against ICC Prosecutor Fatou Bensouda and senior staff member Phakiso Mochochoko, as well as lifting the visa restrictions against certain ICC personnel.  The US reiterated its strong disagreement with the ICC’s exercise of jurisdiction over personnel of non-States Parties such as the US and Israel.  However, rather than sanctions, the administration believes these concerns are better addressed through engagement with all stakeholders in the ICC process.  [April 2, 2021]

AFRICA

Central African Republic | TFV now implementing a full assistance program

The TFV and its implementing partners announced that a full assistance program is now underway in CAR.  This announcement followed the conclusion of several launch workshops aimed at facilitating the effective implementation of the program.  The full assistance program offers an integrated package of medical and psychological care, as well as socio-economic support.  The TFV and its partners have affirmed their commitment to providing support to the victims of crimes within the ICC's jurisdiction through the five-year assistance program.   [April 26, 2021]

Uganda | The Prosecutor v. Dominic Ongwen: Sentencing Hearings

On April 14 and 15, Trial Chamber IX held sentencing hearings in the case of The Prosecutor v. Dominic Ongwen.  The victims’ representatives requested the maximum sentence of life imprisonment.  The Prosecution requested 20 years imprisonment, considering Ongwen’s past as a child soldier in the Lord’s Resistance Army (LRA).  However, the defense asked for a maximum sentence of 10 years. [April 14, 2021] 

Mr. Ongwen made an unsworn statement during these hearings in which he emphasized the harsh living conditions within the LRA and the suffering he experienced.  He also referred to his mental health and the positive improvements he has made.  Further, Mr. Ongwen also reaffirmed his belief in spiritual powers and questioned why he was being held accountable while other LRA fighters were not.  Lastly, Mr. Ongwen also expressed remorse for certain crimes but contested the existence of forced sex.  He also claimed that the forced marriages were either ‘wives’ who chose him, ‘wives’ he saved from potentially worse fates, or ‘wives’ Kony (the leader of the LRA) assigned to him without his consent.  [April 15, 2021]

The Trial Chamber is set to deliver its sentencing decision on May 6, 2021.  [April 16, 2021]

Mali | Statement by ICC Prosecutor at the conclusion of her visit to Mali

From March 29 to 31, ICC Prosecutor Bensouda conducted her third (and last) official visit to Mali.  The visit consisted of several meetings and discussions with Malian authorities, the judiciary, representatives of civil society, victim associations, community and religious leaders, the academic community, the media, representatives of the United Nations, and the diplomatic community based in Mali.  In her statement, she, among other things, emphasized the importance of the continuing fight against crimes affecting cultural heritage.  [April 7, 2021]

Côte d’Ivoire | Gbagbo and Blé Goudé: Appeals Judgement

On March 31, the Appeals Chamber delivered its ruling confirming the Trial judgment in The Prosecutor v. Laurent Gbagbo and Charles Blé Goudé.  The Chamber rejected the Prosecutor’s appeal and upheld the acquittal of Mr. Gbagbo and Mr. Blé Goudé for crimes against humanity allegedly committed in Côte d’Ivoire between 2010 and 2011.  [March 31, 2021]

MIDDLE EAST

Situation in Palestine | UK’s opposition to ICC investigation

In a letter to the ‘Conservative Friends of Israel’ group, United Kingdom (UK) Prime Minister Boris Johnson declared the UK’s opposition to the ICC investigation into war crimes allegedly committed in Palestine.  He noted that the UK does “not accept that the ICC has jurisdiction in this instance, given that Israel is not a party to the Statute of Rome and Palestine is not a sovereign state.”  [April 13, 2021]

April 2021

Monthly News Updates: Southern Cameroons – April 2021

By: Fabiana Nunez del Prado Nieto, Junior Research Associate, PILPG-NL

THIS POST COLLECTS UPDATES FROM THE PAST MONTH CONCERNING RELEVANT DEVELOPMENTS IN SOUTHERN CAMEROONS. THE INFORMATION IS DRAWN FROM LOCAL AND INTERNATIONAL ONLINE SOURCES.

VIOLENCE IN ANGLOPHONE REGIONS

Separatist Violence | Freed Civilians Claim to have been Tortured by Separatists 

The Cameroonian military freed nine civilians allegedly held hostage by anglophone separatists for almost two months.  The hostages claim that the rebels tortured them by chopping off their ears and fingers.  Some separatists took to social media to disavow the actions of the kidnappers, claiming that the kidnappers were criminals, not their fighters.  Nka Valere, commander of the military troops fighting separatists in the Northwest, denied any wrongdoing by his forces.  [April 19, 2021]

Violence Against Humanitarian Aid | Non-State Armed Group Attacks United Nations Convoy

On March 26, 2021, a non-state armed group attacked a UN convoy composed of seven staff members.  The UN staff was conducting a monitoring mission in the Munyenge village when shortly after entering the Ikata village, a group of armed men opened fire against them.  There was no loss of life nor injuries, but two vehicles were seriously damaged.  Although this attack is the first of this kind since the beginning of the anglophone crisis, several humanitarian workers have been threatened, abducted, injured, and killed to date in the two regions.

In Cameroon, the Humanitarian Coordinator, Mr. Matthias Z. Naab, strongly condemned the attack and called on all parties to the crisis to abide by their obligations under international human rights law.  He also called on parties to refrain from any attacks against humanitarian organizations, educational and health care facilities, and their personnel and assets. [April 4, 2021]

OTHER REGIONAL VIOLENCE

Nigeria/Cameroon | Escalation of Violence by Boko Haram in Northern Cameroon

According to Human Rights Watch (HRW), since December 2021, Boko Haram has been increasing its attacks against civilians in the Far North region of Cameroon.  The Boko Haram insurgency began in Nigeria in 2009 and spread across several states of the Lake Chad basin, including Cameroon. 

The Cameroonian military has deployed thousands of soldiers to the Far North region to prevent and repel Boko Haram attacks.  Still, residents and humanitarian workers proclaim the presence of soldiers is not enough to protect civilians effectively.  The violence has provoked a major humanitarian crisis, forcing over 322,000 people from their homes since 2014, including 12,500 since last December. [April 4, 2021]

COVID-19 RESPONSE

Use of Covid-19 Funds | Paul Biya Orders Improvement of  Oversight Over Misappropriation of Covid-19 Funds

President Paul Biya’s recent orders to improve oversight and investigate misappropriation of Covid-19 funding appear to be related to Cameroon’s ongoing negotiations for a multiyear loan program with the International Monetary Fund (IMF).  The IMF has already approved two emergency Covid-19 loans to the state for a total of 382 million dollars.

On March 29, 2021, the Secretary-general of the Presidency, Ferdinand Ngoh Ngoh, sent a letter instructing the state auditing agency Contrôle supérieur de l'État du Cameroun (CONSUPE), to accelerate its audit of Covid-19 expenditures.  According to Human Rights Watch, the audit performed by CONSUPE does not satisfy the government’s pledge to the IMF to conduct an independent audit of funds.   After approving two emergency loans of 256 and 156 million US dollars in May and October of 2020, respectively, the International Monetary Fund is currently asking for accountability on the funds. [April 8, 2021]

Vaccines | Health Workers Claim to Distrust  Efficacy of Chinese Vaccines

On April 11, 2021, 200,000 doses of the Sinopharm vaccine arrived in Cameroon's capital, Yaoundé.  While some health care workers doubt the efficacy of the vaccine, Cameroon Health Minister Manaouda Malachi was the first one to get the shot.  He said he understood people’s reluctance to take the vaccine due to reports of fake vaccines circulating in China.  However, he reassured that the vaccines come directly from the manufacturers in China. [April 14, 2021]

HUMAN RIGHTS 

LGBTQ+ Rights | Rise in Arrests of LGTBQ+ People for “Practicing Homosexuality”

Since February 2021, according to Human Rights Watch, the security forces have arrested, beaten, or threatened at least 24 people, alleging consensual same-sex conduct or gender non-conformity.  Sexual relations between people of the same sex are criminalized in Cameroon and punished with up to five years in prison.

On March 25, the human rights organization shared its findings with the Justice Minister, the State Secretary at the Defense Ministry.  The delegate general for national security requested answers about the situation.  Cameroonian officials have yet to respond. [April 14, 2021]

POLITICAL OPPOSITION IN CAMEROON

Opposition | Armed Police Disperses Meeting of Opposition Leaders

Seven opposition leaders stated that the police forcefully removed them from a meeting held on March 30th, 2021.  According to the leaders, the purpose of the meeting was to discuss election reforms to end the long-serving presidency of Paul Biya.  The government said it ordered the disruption of the meeting because the opposition leaders did not obtain the required authorization, as stipulated by Cameroonian law.  Three of the candidates who lost the presidential poll on October 7, 2018, were present in the meeting. [April 3, 2021]

Balancing national security and the right to a fair trial: the UK Supreme Court’s decision on the Shamima Begum case

By: Henry Smith, Junior Research Associate, PILPG-NL

On February 26, 2021, the Supreme Court (SC) of the United Kingdom (UK) upheld the Home Office’s decision to deny Shamima Begum the right to return home and personally contest the revocation of her British citizenship.  This decision overturned a previous ruling by the Court of Appeal (CA).  The SC’s decision has sparked criticism for supposedly setting a precedent for the Home Office to disregard the human right to a fair trial and procedural safeguards.  This post will look at how the SC balanced the right to a fair trial and national security interests, how its approach differed from the CA’s approach, and the problems that it may cause.

Facts of the case

Shamima Begum left the UK in February 2015, at 15 years of age, to join the Islamic State (IS) in Syria.  Four years later, Begum was captured by Syrian Kurd forces and taken to a detention camp, where she was later found by journalists.

The UK Home Office, the state department responsible for immigration and security, immediately stripped Begum of her British citizenship based on Section 40 of the British Nationality Act of 1981, which provides that any person may have their citizenship revoked in the interest of the “public good.”  The argument was that Begum was a member of IS and, therefore, posed a threat to national security.

Begum requested leave to enter the UK so that she could appeal in person the decision that canceled her citizenship, but the Home Office rejected the request. She took the claim to the CA which ruled in her favor, determining that she should be allowed to enter.  In turn, the Home Secretary appealed to the SC, which overturned the ruling and held that the decision to allow her re-entry was at the discretion of the Home Secretary. 

Balancing national security and the right to a fair trial

The main point in which the SC diverged from the CA was the balancing between Begum’s right to a fair trial and national security concerns.

The CA first rejected the assessment made by the Home Office of the national security risks posed by Begum’s re-entry.  It argued that Begum posed a less serious risk than other individuals who had previously been denied the right to return on the grounds of national security because she had never actively engaged in hostilities.  According to the CA, the potential risk posed by her return could be managed by arresting her upon arrival and keeping her in custody until the end of the trial.  The CA then asserted that Begum’s right to a fair trial outweighed the national security concerns.  As a result, the only solution would be to grant her leave to enter the UK so that she could effectively appeal the canceling of her citizenship.

The Supreme Court concluded differently.  With regards to the national security risks posed by Begum’s return, the SC affirmed that the CA should not have made its own assessment.  Instead, it should have accepted the assessment made by the Home Secretary, who had been entrusted with that responsibility by the democratically elected Parliament.  As for the conflict between the right to a fair trial and national security, the SC argued that the latter should not prevail over the former.  According to the SC, if a public interest makes it impossible for a case to be heard fairly, then courts cannot hear it.  The SC acknowledged that it would be impossible for Begum to fairly appeal the cancelation of her citizenship while detained in Syria.  It determined that her appeal should be suspended until she “is in a position to play an effective part in it without the safety of the public being compromised.”

Assessment of the Supreme Court’s decision

Two main criticisms arise from the SC’s conclusion.  Firstly, it renders Begum’s right to appeal the cancelation of her citizenship virtually meaningless.  The hearing of her appeal would depend on her leaving the detention camp in Syria.  However, her best chance of leaving is through a successful appeal.  If Begum’s British citizenship were reinstated, the UK could  the be under the obligation to repatriate her as a means to secure her right to life and her freedom from torture or inhumane treatment, as established in the European Convention on Human Rights.  The existence of such an obligation is the subject of similar cases brought by French women against France before the European Court of Human Rights.  In effect, the SC’s decision leaves Begum in a contradictory situation where she can only appeal if she leaves the detention facility, which in turn will most likely only happen after a successful appeal.

Secondly, it sets a precedent for the UK Home Office to act with a high degree of discretion in assessing national security matters.  While it can be argued that the Home Office has the democratic legitimacy to make these assessments, the courts should be able to evaluate whether fundamental safeguards have been observed.  By refusing to do so, and leaving the decision entirely up to the Home Office, the SC might be removing from the courts the capacity of ensuring the observance of legal safeguards.  This is particularly concerning considering that there are estimates of 50 British women and children being held in Syrian detention camps under conditions which may amount to torture or other inhumane treatment, as described by a United Nation’s Special Rapporteur.

Concluding remarks

While the SC’s decision to suspend Begum’s appeal was intended to secure her right to a fair trial without trumping the Home Office’s national security concerns, the SC effectively rendered it extremely unlikely that she could exercise her right to appeal the cancelation of her citizenship.  Additionally, it conferred on the Home Office a considerable amount of discretion in determining those security issues.  It remains to be seen how this precedent will impact the cases of others who are still detained in similar circumstances.