March 2021

Monthly News Updates: Human Rights Mechanisms - March 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 March.

EUROPE

European Court of Human Rights | Changes in the case processing of the Court

The ECtHR has a new system to deal with the large number of complaints received every year.  The ECtHR will follow a prioritization approach to classify the impact of complaints in seven categories, following established criteria that include the repercussion that a judgment could have in interpreting international legislation.  Complaints falling under the three first categories will be dealt with by the Grand Chamber or Chambers of seven judges, and the rest by Committees formed by three judges. [March 17, 2021] 

European Court of Human Rights | Interim measures in Armenia-Azerbaijan’s conflict and notification to the Committee of Ministers

The ECtHR has notified the Committee of Ministers of the interim measures established following the Armenia-Azerbaijan conflict.  Such measures include a general call to both states to cease military attacks against civilians and civilians’ objects and individual decisions concerning deportation cases of prisoners of war.  The ECtHR urged both countries to provide information about the detainees and has now notified the Committee of Ministers because Azerbaijan has not provided the required information in the established time period. [March 16, 2021]

AFRICA 

African Court on Human and People’s Rights | Letter from the President of the AfCHPR to the President of Tanzania following the death of Magufuli 

The President of the AfCHPR, Hon. Justice Sylvan Ore, has sent a condolence letter to the new President of Tanzania, Samia Suhulu, following the death of President Magufuli on March 17.  In the letter, Magufuli is praised for his dedication to Africa’s development. [March 26, 2021]

African Commission on Human and People’s Rights | Concern over protests in Senegal after Ousman Sonko’s detention 

The African Commission on Human and People’s Rights has expressed its concern regarding the violent protests in Dakar that left 3 people dead after the arrest of Ousman Sonko, the opposition leader.  Of particular concern was the impediment in the transmission signals of some journalistic platforms.  The Commission has reminded Senegal of its obligations under several legal instruments, including the African Charter of Human and Peoples’ Rights. [March 9, 2021]

THE AMERICAS

Inter-American Commission of Human Rights | IACHR praises law abolishing the death penalty in the State of Virginia in the U.S.

The IACHR has welcomed the law abolishing the death penalty in the State of Virginia, signed by its governor on March 24.  The Commission considers detaining prisoners on death row, awaiting execution,  as inhumane treatment and recalls the recommendation made in its report on the death penalty in 2011. [March 24, 2021]

Inter-American Commission of Human Rights | Claims of violation of due process by the detainees of the 2019 political crisis in Bolivia

The IACHR has urged Bolivia to respect the rights to due process of those arrested for involvement in the interim government during the 2019 political crisis.  This includes the arrest of Jeanine Añez, interim president of Bolivia, who is currently on a hunger strike in protest against the conditions of her imprisonment.  The arrested individuals are accused of sedition and terrorism, and the Bolivian state, its Ombudsman, and the Attorney General have provided information that aims to contravene the claims of the detainees.  The IACHR also expressed its concern over the definitions of the crimes of terrorism and sedition in the  Bolivian constitution, considering the definitions as too broad and ambiguous. [March 16, 2021]

UN MECHANISM

Human Rights Council (Special Rapporteur on violence against women) | Turkey withdrawal from Istanbul Convention is worrying for women’s rights

The President of Turkey, Erdoğan, has decided to withdraw from the Convention on Preventing and Combating Violence against Women and Domestic Violence of the Council of Europe, commonly known as the Istanbul Convention.  As such, The UN Special Rapporteur on violence against women, the Chair of the Committee on the Elimination of Discrimination against Women, and other UN and regional human rights experts have condemned the decision and have urged  Turkey to reconsider. [March 23, 2021] 

Human Rights Council | Abuse of human rights defenders in Belarus

The UN Special Rapporteur on Human Rights Defenders has expressed her concern over increasing brutality against human rights defenders in Belarus following last August’s elections.  The concern extends to the ill-treatment by the police of two advocates of the human rights of persons with disabilities that collaborated with the UN. [March 19, 2021]

Human Rights Council | UN experts suggest issuing claims over universal jurisdiction against Myanmar’s military perpetrators 

Multiple UN Special Rapporteurs have expressed their concern over the human rights situation in Myanmar following the military coup d’etat of last February.  During the past weeks, protests have led to several deaths, detentions, and disappearances that could amount to crimes against humanity.  As such, the Rapporteurs call on other states to investigate Myanmar’s military commanders or perpetrators under universal jurisdiction if necessary. [March 18, 2021]

March 2021

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

By: Alexandrah Bakker, Research Associate, PILPG-NL 

The following post highlights developments from around the world in the prosecution of international crimes before domestic jurisdictions.  This month, several high-profile trials got underway while others resulted in long-awaited convictions.

EUROPE

Kosovo | Pristina Basic Court convicts two former Serb police officers of war crimes

The Pristina Basic Court convicted Zlatan Krstic and Destan Shabanaj, both former Serb police officers, of war crimes and sentenced them to 14.5 and 7 years imprisonment respectively.  The Basic Court found that Krstic and Shabanaj were involved in an attack on Kosovo Albanian civilians in 1999 involving killings, torture, destruction of property, expulsions, and abductions. [March 23, 2021] 

Serbia | Belgrade Higher Court agrees to hear an appeal in Bosnian crimes against humanity case

The Belgrade Higher Court agreed to hear the appeal of Dragomir Kezunovic, a former Bosnian Serb military police officer who was tried at first instance by the State Court of Bosnia and Herzegovina.  Kezunovic’s trial relates to the shooting of 28 civilians in 1992. [March 18, 2021] 

Germany | Koblenz Higher Regional Court updates charges in al-Khatib trial

The Koblenz Higher Regional Court updated the charges against Anwar R, the main defendant in the al-Khatib trial, to include incidents of sexual violence as crimes against humanity.  The Court had previously qualified these acts as crimes under German criminal law. [March 17, 2021] 

Germany | German authorities arrest former Gambian Jungler for crimes against humanity

German authorities arrested Bai L. on suspicion of crimes against humanity for his alleged role in three extrajudicial killings.  The arrest warrant states that Bai L. was a driver for the Junglers, a unit of the Gambia’s armed forces renowned for carrying out extrajudicial killings on the orders of former President Yahya Jammeh. [March 16, 2021] 

Croatia | Croatian Supreme Court rejects retrial in war crimes case

The Croatian Supreme Court rejected a request for a retrial for Mirko Graorac, whom the Supreme Court convicted of war crimes in 2001.  Graorac has already served his 15-year sentence but claimed his initial trial did not meet fair trial standards. [March 12, 2021]

Switzerland | Defendant in universal jurisdiction trial requests US$1.5 million in compensation for lengthy detention

Alieu Kosiah, who is standing trial for war crimes committed during the Liberian civil war, requested US$1.5 million in compensation from the Swiss state.  Kosiah is seeking compensation for the six years he spent in detention awaiting trial, as well as the emotional and reputational damage he has suffered as a result of the trial. [March 5, 2021]

AFRICA

The Gambia | Supreme Court of the Gambia holds that former junta member does not have immunity from prosecution for murder

The Supreme Court of the Gambia ruled that the constitutional immunity granted to members of the former junta does not extend to murder.  The Supreme Court considered that murder did not form part of the accused’s official duties.  Moreover, the Supreme Court held that the immunity provided for in the Constitution does not extend to violations of non-derogable human rights. [March 22, 2021]

Democratic Republic of the Congo | Military Tribunal of Kananga convicts militia leader of war crimes

The Military Tribunal of Kananga convicted Nsumbu Katende of war crimes committed in Kasai and sentenced him to life imprisonment.  The judges also granted reparations to 200 registered victims and recognized the responsibility of the Congolese state for failing to take adequate steps to protect the civilian population of Kasai. [March 16, 2021]

March 2021

Monthly News Updates: MH17 – March 2021

By: Jochem de Hoop, Junior Research Associate, PILPG-NL 

This news update draws together information concerning the downing of flight MH17 over Eastern Ukraine in 2014, specifically the legal proceedings that followed. The information is drawn from different online news platforms.

EUROPE

Diplomacy | Dutch government continued talks with Russia despite frozen diplomatic relations surrounding MH17

DutchNews.nl reports that the Dutch investigative website ‘Follow the Money’ have discovered that the Dutch government re-established contact with Russia in 2017 to discuss gas pipelines, even though official diplomatic relations had been frozen since July 2014, following the downing of flight MH17.  Meanwhile, the Dutch parliament was not informed that the diplomatic ties had been restored, and the Minister of Foreign Affairs Stef Blok made no mention of these contacts when asked in December 2019. [March 23, 2021]

Ukraine | Zelensky extends agreement on MH17 Investigation with the Netherlands until August 2021

On February 16, 2021, Interfax-Ukraine issued a news report claiming that the Ukrainian President Volodymyr Zelensky signed legislation extending an agreement with the Netherlands establishing the International Mission for Protection of Investigation on the downing of flight MH17 until August 1, 2021.  The Mission is tasked with facilitating the collection of remains, the investigation, and other activities that require an agreement between states. [March 12, 2021]

ASIA

Malaysia | Malaysia will not take sides until completion of MH17 trial

According to the Ukrainian news outlet Ukrinform, the Malaysian ambassador to Ukraine, Raja Reza Raja Zaib Shah, declared that the Malaysian government is committed to the JIT.  Nevertheless, he is reported to have indicated that Malaysia will not take sides until the Dutch criminal trial is completed.  He reiterated that the downing of MH17 cannot be attributed to any state until the District Court of The Hague has examined the evidence and delivered its judgment. [March 15, 2021]

Malaysia | Spending on MH17 trial could increase

According to the Ukrainian news outlet Ukrinform, during the same interview with the Malaysian ambassador to Ukraine, the ambassador declared that the allocation of 23.3 million Malaysian Ringgit (around 5.7 million USD) to the Dutch criminal trial will cover all expenses, including security, transportation, communication, facilities, and other additional expenses.  He suggested that there could be additional spending if the expenses increase. [March 15, 2021]

February 2021

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]

February 2021

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

By: Alexandrah Bakker, Junior Research Associate, PILPG-NL

The following post highlights developments from around the world in the prosecution of international crimes before domestic jurisdictions. This month, several high-profile trials got underway while others resulted in long-awaited convictions.

EUROPE

Germany | Koblenz court convicts former Syrian intelligence agent of complicity in crimes against humanity

A court in Koblenz, Germany, convicted Eyad Al-Gharib, a former Syrian intelligence service agent, of complicity in crimes against humanity for arresting protesters and transporting them to a detention center in Damascus where they faced torture.  The case marks the first conviction of a Syrian state agent for international crimes committed since the 2011 uprising. [February 24, 2021] 

Switzerland | Trial of Liberian rebel leader resumes

The second phase of the trial of Alieu Kosiah began on February 15, 2021.  In this phase, plaintiffs and witnesses, some of whom traveled from Liberia to Switzerland for the trial, will testify.  Kosiah faces 25 war crimes charges for crimes committed in Liberia between 1993 and 1995. [February 15, 2021] 

Germany | German prosecutors charge former concentration camp employees as accessories to murder

In separate cases, German prosecutors charged a 95-year-old former secretary and a 100-year-old former SS guard as accessories to the murders of thousands of victims in the concentration camps in which they worked. [February 9, 2021] 

Serbia | Belgrade Higher Court convicts former Bosnian Serb policeman of torture

The Belgrade Higher Court convicted Milorad Jovanovic, a former Bosnian Serb policeman, of torturing civilians in 1992.  The Court sentenced Jovanovic to nine years’ imprisonment. [February 2, 2021] 

Finland | Hearings begin in the trial of Sierra Leonean rebel leader

The trial of Gibril Massaquoi opened in Finland on February 1, 2021.  Massaquoi was a Lieutenant Colonel of the Revolutionary United Front and faces charges of murder, aggravated war crimes, and aggravated crimes against humanity committed in Liberia during the civil war between 1999 and 2003.  Hearings have begun in Finland as well as on-site in Liberia and Sierra Leone. [February 1, 2021] 

THE AMERICAS

Argentina | Buenos Aires court convicts eight individuals of crimes against humanity 

A court in Buenos Aires convicted eight individuals of crimes against humanity committed at the Navy Mechanics School (ESMA) during the military dictatorship between 1976 and 1983.  The charges related to acts of abduction, murder, torture, and sexual assault at the ESMA which was used as a detention center during the dictatorship. [February 20, 2021]

Colombia | Special Jurisdiction for Peace reveals 6,402 “false positive” cases  

Colombia’s Special Jurisdiction for Peace revealed that Colombia’s army killed 6,402 civilians and falsely claimed the victims were members of rebel groups, in cases known as “false positives.” [February 19, 2021]

ASIA

Bangladesh | International Crimes Tribunal convicts eight individuals of crimes against humanity  

The International Crimes Tribunal in Bangladesh convicted eight individuals of crimes against humanity for murder, abduction, and torture committed during the state’s 1971 Liberation War.  The Tribunal sentenced three of the accused to life imprisonment and the other five to 20 years’ imprisonment. [February 11, 2021]