Tag: Law and crime prevention

UN report finds ‘limited progress’ on human rights protections for Iraqis — Global Issues

“The Government of Iraq admittedly operates in a complex environment, including within the context of stalled government formation,” said the Update on Accountability in Iraq, jointly published by the UN Assistance Mission there (UNAMI) and the UN human rights office, OHCHR.

“However, continued impunity for killings, disappearances, abduction and torture of activists, undermines the authority of State institutions.”

Elections

Between 1 May 2021 and 15 May this year, the report notes an increase in politically motivated violence during the pre and post-election period.

The authors explain that in October last year, early parliamentary elections took place in the wake of an “unprecedented wave of country wide demonstrations in 2019,” which were marked by violence, excessive force, abductions, and targeted killings the saw hundreds perish, and thousand suffer injuries.

According to latest news reports, the biggest party to emerge from the vote, led by Shia religious leader, Muqtada al-Sadr, has still been unable to put together a new coalition government.

Limited progress

The Update highlights that while some progress has been made, particularly on victim compensation, accountability remains limited.

From 1 May 2021 to 30 April, UNAMI and OHCHR documented convictions in relation to four cases concerning violence perpetrated by “armed elements”.

And although the Government-established Fact-Finding Committee is operational, it has not produced any investigative outcomes or provided public information about its work.

The report found that Iraqi authorities have taken just “limited steps” to investigate the unlawful killing and injury of protestors, critics and activists, saying that “much more needs to be done to identify, arrest and prosecute the perpetrators of those crimes, including those responsible for ordering and planning them”.

“UNAMI/OHCHR remains extremely concerned by the continued limited progress towards accountability for crimes perpetrated against protestors, critics and activists,” the report said.

And many who have been subjected to threats and violence have unsuccessfully sought accountability.  

Meanwhile, as civic space remains limited and those expressing dissent at risk of reprisal from armed elements, a climate of impunity for human rights violations has evolved, with “a chilling effect” on the rights to freedom of expression and peaceful assembly.

Recommendations

The Update recommended that the Government of Iraq conduct prompt, independent and credible investigations of all alleged human rights violations and abuse perpetrated against protestors, activists, journalists, and critics.

It must also work harder to ensure that victims have access to effective remedies, such as judicial and administrative processes that are responsive to their needs.

Victims must also be informed on the scope, timing, and progress of the proceedings and disposition of their cases.

And the Government should assist victims throughout the legal process, taking measures to minimize their inconveniences, protect their privacy, and ensure their safety – as well as that of their families and witnesses on their behalf – from intimidation.

Global support

The international community also has a role to play.

The report advocates for funding and capacity-building programmes for the police and judiciary, which should include structured oversight.

This aims to ensure that entities comply with international human rights law standards surrounding investigations, prosecutions, and victim’s rights, particularly concerning crimes targeting protesters, activists and critics, and provide assistance where needed.

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Security Council debates tightening laws to deter crimes against humanity — Global Issues

Ambassadors were briefed by the President of the UN’s highest court, the UN human rights chief, and an Oxford University law professor, who advocated for the adoption of a convention on the prevention and punishment of crimes against humanity. 

A draft developed by the International Law Commission, a UN expert body, is currently under consideration by the General Assembly. 

At the ready 

“Adoption of a convention on crimes against humanity would be one way to promote accountability for violations of some of the most fundamental obligations found in international law,” said Judge Joan E. Donoghue, President of the International Court of Justice (ICJ). 

“The Court stands ready to decide any disputes over which it would have jurisdiction on the basis of such a convention.” 

The ICJ, which is known as the world court, settles legal disputes submitted to it by countries, and its judgements are binding. However, she said the Court must convince national governments that it has the jurisdiction to proceed. 

Recognizing ICJ jurisdiction 

The ICJ can consider claims, and any counter claims, if both parties recognize its jurisdiction, said Judge Donoghue, who spoke via videoconference from The Hague, in the Netherlands, where the Court is based. 

In other cases, jurisdiction is limited, such as when clauses in particular international conventions – on genocide or racial discrimination, for example – have been invoked as the basis for jurisdiction.  

“Today, when armed conflicts and mass atrocities continue to drive human suffering in various parts of the world, I take this opportunity to remind Member States that the Court can promote accountability only to the extent that Member States accord it the jurisdiction to do so,” she said. 

Filling the gap 

The UN High Commissioner for Human Rights, Michelle Bachelet, called for enhancing the normative and institutional framework to further strengthen the legal basis for accountability and justice efforts. 

“The adoption of a Convention on the Prevention and Punishment of Crimes against Humanity would, in my view, fill a significant gap in the current international framework, and facilitate international cooperation in this area,” she said, speaking from Geneva.

Relevant treaties which provide the jurisdictional basis for accountability deserve universal adherence, she added, and should be ratified by all States. 

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Centre on victims 

They include the Rome Statute, the 1998 treaty that established the International Criminal Court (ICC), which prosecutes war crimes, crimes against humanity and genocide. 

Ms. Bachelet encouraged all States to accept the compulsory jurisdiction of the ICC “in the common interest of the entire international community”. 

The UN Security Council’s support for independent and impartial investigation, justice and accountability efforts is essential, she added, while stressing the importance of putting victims at the heart of these efforts.  

“This is not only the right thing to do, in acknowledgment of the victims in whose names these processes were created. But it also helps to identify and address the conditions that have led to the serious violations in the first place,” she said. 

Also address aggression 

For Professor Dapo Akande of Oxford University, adoption of the draft convention “will ensure that the framework for punishing crimes against humanity is put on a similar level as that with respect to genocide and war crimes”. 

Mr. Akande further stated that the focus for accountability is incomplete as the fourth international crime – aggression – often goes unaddressed. 

“To improve the normative framework with regard to accountability for all international crimes, States should consider ratifying the amendments on the crime of aggression so as to allow the ICC to be able to exercise jurisdiction over the supreme international crime,” he said. 

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Release Abdullah al-Howaiti, revoke death sentence — Global Issues

In May 2017, the then 14-year-old was arrested on charges of robbery and murder. Despite having an alibi, and based on a confession extracted under torture and other ill-treatment, he was convicted, and recently sentenced to death for a second time after his original conviction was overturned by the Saudi Supreme Court last year.

“We are alarmed by the confirmation of the death sentence against Mr. Al-Howaiti, on 2 March 2022, without initiating any investigation into the allegations of torture or determining the veracity of the coerced confession of guilt,” the experts said.

If the Court of Appeal confirms the conviction, Mr. Al-Howaiti will be at an imminent risk of execution.

Trial errors

From failing to consider an alibi, to dismissing allegations of torture and ill-treatment, and admitting torture-tainted confessions as incriminating evidence without properly investigating, the experts were dismayed by the conviction after a trial marred with such due process irregularities. 

“We would like to remind the Saudi authorities of their obligation to conduct a prompt and impartial investigation wherever there are reasonable grounds to believe that torture has been committed, and to exclude any evidence obtained through torture and coercion from judicial proceedings,” the experts said.

Abolish capital punishment

 

The experts also urged the Saudi Government/authorities to adopt measures towards abolishing the death penalty for children, including in relation to offenses punished under qisas and hudad.

Qisas is an Islamic term interpreted to mean “eye for an eye.” It is used as a category of retributive justice for murder in Saudi Arabia and allows victims’ families to demand the death sentence, compensation or offer a pardon.

Hudud refers to Islamic penal law or Quranic punishments for offences including theft, brigandage, adultery and apostasy.

The death penalty on children is absolutely prohibited under international law without exception or derogation under any circumstances, according to the UN experts.

“We urge the Saudi Government to adopt without delay the necessary legislative measures to abolish the imposition of the death penalty for children for all crimes, including in relation to offences punished under qisas and hudud,” the experts said.

Deprivation of life

The UN experts have previously expressed their concerns regarding this case to the Government of Saudi Arabia.

Last November, the Working Group on Arbitrary Detention issued an opinion upholding that the detention of Al-Howaiti was arbitrary.

They reiterated their request to the authorities to take immediate measures to protect the moral and physical integrity of Mr. Al-Howaiti, considering his age and vulnerability. 

“Prolonged incommunicado detention can facilitate the perpetration of torture and other cruel, inhuman or degrading treatment or punishment, and can in itself constitute a form of such treatment,” underscored the UN experts said.

The death penalty against juvenile offenders in Saudi Arabia is the arbitrary deprivation of life, the UN experts said.

More on experts

Special Rapporteurs and independent experts are appointed by the Geneva-based UN Human Rights Council to examine and report back on a specific human rights theme or a country situation. The positions are honorary and the experts are not paid for their work.

The experts in this case included the Working Group on Arbitrary Detention, Chair-Rapporteur Miriam Estrada-Castillo,Vice-Chair Mumba Malila and members Elina Steinerte, Matthew Gillett, and Priya Gopalan along with the Special Rapporteur on extrajudicial, summary or arbitrary executions, Morris Tidball-Binz.

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‘Protracted political impasse’ further polarizing Libya — Global Issues

“We are concerned that the protracted political impasse is having an increasingly negative impact on security,” said Under-Secretary-General for Political and Peacebuilding Affairs, Rosemary DiCarlo.

“A coordinated and constructive effort is required to prevent further polarization and end the political stalemate.”

Commendable progress

Last week, UN Special Advisor Stephanie Williams convened a second round of consultations of the Joint Committee of the House of Representatives and High State Council, in the Egyptian capital, Cairo, reviewing a reformed constitution for a democratic way forward for the country, the 2017 Constitutional Draft.

The delegations reached agreement in several areas, including basic rights and freedoms; the structure and powers of a two-tier new parliament; and the prerogatives of the President and Prime Minister.

Under UN auspices, members will reconvene on 11 June for a final round to reach consensus on finalizing constitutional arrangements to hold key national elections – delayed from last December – as soon as possible.

The Special Adviser also met Presidency Council members, who expressed their intention to continue working on a national reconciliation process with UN and African Union support.

‘Fragile’ security

While the 2020 ceasefire continues to hold, Ms. DiCarlo stated that the security situation “remains fragile”.

She drew attention to clashes in the capital on 17 May, following the recent political crisis which began in March, which saw the eastern parliament select a new government. The incumbent UN and internationally-backed Prime Minister however, refused to stand aside.

The parliamentary choice for the top job, Fathi Bashagha, entered Tripoli backed by armed groups, leading to skirmishes with supporters of incumbent Abdulhamid al-Dbeibah.

One militant died, a policeman was injured and several buildings were damaged.

Following mediation by local actors and outreach by military representatives, from the 5+5 Libyan Joint Military Commission (JMC), Mr. Bashagha was escorted out of Tripoli.

“While fighting has ceased, the situation remains tense. Tripoli-based armed groups supporting either Mr. Dbeibah or Mr. Bashagha remain in a state of high alert,” the political chief said.

Positive note

She reported that the JMC’s eastern and western delegations met on Monday and Tuesday in Spain for the first time since the end of February.

After discussions with the 5+5 Commission, the Special Adviser said that the members expressed their readiness to resume negotiations over the Ceasefire Agreement implementation.

Meanwhile, the reluctance of the Government of National Unity (GNU) to pay the Libyan National Army’s (LNA) salaries for the first quarter of this year – the military wing of the rival eastern administration – triggered the closure of several oil fields and ports, “cutting the country’s daily oil output in half,” Ms DiCarlo told ambassadors.

However, following Special Adviser Williams’ intercession with the GNU, the outstanding salaries were paid. Mr. Dbeibah confirmed that he would authorize regular monthly payments.

© UNICEF/Alessio Romenzi

“Oil production, however, has yet to return to normal,” she added.

Rights concerns

The human rights situation in Libya remains a source of great concern, Ms. DiCarlo told the Council, elaborating on a new wave of youth arrests for alleged crimes against “Libyan culture and values”.

And restrictions persist on the work of civil society organisations, including women’s rights groups accused of violating “the principles and values of Libyan society.”

Special Adviser Williams visited mass graves in Tarhouna and met with families of victims who disappeared between 2012 and 2020.

“The perpetrators of these horrific crimes have yet to be brought to justice,” said Ms. DiCarlo, shining a light on the “highly precarious” situation of internally displaced people.

Equally worrying are the continued campaigns of mass arrests and detention – in inhumane conditions – of undocumented foreign nationals and migrants in the western region.

Resolving differences

“It is imperative that the ceasefire in Libya be maintained, calm preserved and any steps that could result in renewed violence be avoided,” the political chief underscored.

It is imperative that the ceasefire in Libya be maintained – UN political chief

She stressed the need for all parties to uphold their commitment to “the peaceful resolution of political differences” and for political and security actors to “look beyond their personal interests and continue to engage constructively” in upcoming talks supporting the electoral/constitutional track.

“This is the only way to fulfil the aspirations of the Libyan people to select their representatives through the ballot box,” Ms. DiCarlo said, maintaining that the UN would “spare no effort” to support Libyans in building “a stable and peaceful country.”

Staunch allies

The Under-Secretary-General flagged the importance of the Council’s support, which she described as “invaluable in keeping a political process alive”.

Meanwhile, a coordinated and constructive effort is required to prevent further polarization and end the political stalemate.

During a time of “aggravated global turmoil,” she upheld that unity in the Council and the international unity on peace in Libya is “especially important”.

“It is what Libyans deserve. It is what the world needs,” concluded Ms. DiCarlo.

Click here to listen to the meeting in its entirety,

© UNICEF/Giovanni Diffidenti

A boy runs in the ruins of the Bab al-Aziziyah compound in Tripoli, Libya.

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‘I rescued over 1000 trafficking victims’ — Global Issues

“My position as head of National Trafficking in Persons Investigation Office in Lithuania was very challenging, but also very interesting. I would conduct and coordinate domestic and international police operations and investigations that led to the identification and rescue of victims.

We would receive information that there was a potential case of exploitation involving Lithuanians at a certain location. We then contacted the law enforcement authorities in that country and organized a rescue operation.

We had to act very fast and be prepared to move from one place to the next. I had many days when my breakfast, lunch and dinner would be in different countries.

Damaged lives

Sometimes, I would work undercover, so not dressed in a police uniform. I remember having to run after a victim in heels down a street in the United Kingdom. I had to be careful not to break my leg.

Lithuanian criminal groups were very active in human trafficking at home and abroad at that time. They had very good connections to Albanian organized criminal groups, which were operating all over Europe.

I calculated that in my career I had been involved in the rescue of over one thousand victims of trafficking. Then I stopped counting. There were so many damaged lives. I received a special police award for “Saved Lives”.

I retired from the police after serving 22 years after reaching the highest possible position within the field, so by 2020 it was the time to move to an international level and share the knowledge I had gained.

UNODC

Reda Sirgediene, UNODC Regional Adviser on Trafficking in Persons and Smuggling of Migrants in Central Asia.

Increasing knowledge of trafficking in Central Asia

My mandate working in Tashkent, Uzbekistan, is different now. I do not have the kind of power I had as a national police officer, but I have authority on behalf of UNODC to cooperate with authorities in Central Asia and provide technical assistance to increase the region’s capacity to detect and investigate cases of human trafficking.

I know a lot about this crime – how it is organized and the methods of the traffickers. But to be successful in my new role, this was not enough.

Once I arrived in Central Asia, I had to understand the peculiarities of the region and consider the cultural and legal background in the context of human trafficking.

I needed to learn about the different procedures and resources in the region to combat this crime and which investigative tools were available.

Now I train and mentor officials who work in the law enforcement and justice sectors, advise non-governmental organizations that support victims of trafficking and support the development of anti-human trafficking legislation and procedures.

Whatever is needed, I am here to help.

Investigating all forms of trafficking

Based on official data, the main countries of destination for people being trafficked from Central Asia are Russia, Turkey, Kazakhstan, and South Korea.

Aside from Kazakhstan, which is also a destination country for victims from Central Asia, all countries in the region are source countries for trafficked people.

Most investigations are into cases of sexual exploitation and there are some detected cases of trafficking for labour exploitation.

I am trying to encourage the authorities to start investigating other forms of trafficking, such as trafficking for forced marriage, forced begging or involvement into forced criminal activities or in armed groups.

Also, the official data show that the majority of people convicted for trafficking offences, especially in cases of sexual exploitation, are women. I want to find out more about this, because I believe that behind these women there could be men who are the real organizers of the trafficking business. This is a region where culturally men take the lead.

Luring people with promises

I would say that traffickers are more sophisticated nowadays and more subtle.

They do not rely so much on the use of violence. They lure victims with kind words and promises or pretend to be a boyfriend to trap them.

In the beginning of my career, I experienced cruel cases in which victims were found hung or beaten, sometimes to death. I saw the signs of violence on their bodies. In other cases, victims were drugged and then sexually exploited.

I worked on a case involving homeless Lithuanian men. They were given alcohol, taken to Spain, and forced to work on a remote farm. At night, they were chained to radiators so they would not escape.

The traffickers’ methods are not just more sophisticated, the crime also generates higher profits.

For me this job will always be about the protection of human rights. It is what I know best.”

SDG 16: Peace, Justice and Strong Institutions

  • Sustainable Development Goal 16 recognizes that conflict, insecurity, weak institutions and limited access to justice remain a significant threat to sustainable development.
  • It aims to reduce all forms of violence and deaths caused by that violence. It focuses on ending the abuse, exploitation, torture and trafficking of children.
  • It promotes the rule of law at the national and international levels and ensure equal access to justice for all

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Lethal force by police officers must be barred from peaceful demonstrations — Global Issues

Moreover, it added that the country also failed to investigate and prosecute those responsible.

“Any use of force must be in line with the fundamental principles of legality, necessity, and proportionality,” said Committee member Carlos Gómez Martínez.

Lethal force

The Committee issued its findings after reviewing a petition case filed by relatives of Emiliano García Mendoza and Rubén Pariona Camposano who, along with around 700 others, took part in an agrarian protest in the Ayacucho Region of south-central Peru.

When the demonstrators walked to a street manned by 12 law enforcement officers, the police officer-in-charge threw a tear-gas canister into the crowd.

As the demonstrators dispersed, two shots were heard before both men fell to the ground bleeding profusely from head wounds. They died instantly. 

“During peaceful demonstrations, potentially lethal force by law enforcement officers must be an extreme measure that can only be used when strictly necessary to protect life or prevent serious injury from an imminent threat,” Mr. Gómez Martínez reminded.

Stem police brutality

The provincial prosecutor filed criminal charges against a police officer, who admitted having used his weapon, for aggravated homicide, seeking a sentence of 30 years in prison.

The Committee’s decision also emphasized that States are responsible for taking all measures needed to prevent arbitrary deprivation of life by their law enforcement officials.

“Firearms should never be used for the sole purpose of dispersing an assembly,” he added.

Botched procedures

According to the Committee, judicial investigations into the two homicides were not carried out properly.

In the most significant incident, the defendant police officer turned his gun in to the armoury, rather than the forensics department – and the subsequent test on the weapon indicated that it bore no signs of having been fired.

As a result, the High Court acquitted the defendant in 2013 and the Supreme Court of Justice upheld the acquittal in 2016.

The victims’ families thereafter submitted their petition to the UN Committee in 2017.

The arbitrary deprivation of life by the authorities is a matter of utmost gravity –  HR Committee member

‘No legitimate ground’ 

The Committee found that Peru violated the two deceased’s rights to life and to peaceful assembly, along with their relatives’ right to an effective remedy.

“According to the findings of the forensic report by the Institute of Forensic Medicine, the shots were fired from a distance of approximately 25 metres when Mr. García Mendoza and Mr. Pariona Camposano had their backs turned, meaning that the victims did not represent a danger to the police officers,” said Mr. Gómez Martínez. “There was therefore no legitimate grounds for opening fire on the two victims,” he added.

The Committee requested Peru to conduct a thorough and effective investigation into the events leading to the deaths, impose criminal and administrative penalties on all officers responsible, and provide adequate compensation for the harm suffered by the families.

“The arbitrary deprivation of life by the authorities is a matter of utmost gravity. The obligation to protect the right to life also requires States parties to investigate and prosecute potential cases of unlawful deprivation of life, punish perpetrators and provide full reparation,” he said.

More on the Committee

The Human Rights Committee monitors States parties’ adherence to the International Covenant on Civil and Political Rights, which to date has been ratified by 173 States parties.

It is made up of 18 independent human rights experts who serve in their personal capacity and not as representatives of States parties.

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Justice must prevail over alleged Libya war crimes, ICC Prosecutor tells Security Council — Global Issues

Outlining a new four-pronged investigation strategy to the Security Council on Thursday, the prosecutor of the International Criminal Court (ICC) pledged his commitment to delivering justice against crimes committed in Libya.

“This situation cannot be a never-ending story”, said Karim Khan, Prosecutor of the International Criminal Court.  “Justice delayed may not always be justice denied, but justice that can still be arrived at.”

In his key prosecutorial role for under a year, Mr. Khan is having to reckon with multiple alleged perpetrators of crimes against humanity, and war crimes, together with three unexecuted warrants of arrest, amid a politically divided nation that continues to suffer from widespread impunity, stemming from the overthrow of long-term ruler, Muammar Gaddafi, in 2011.

The internationally-recognized Government in Tripoli, is still at odds with a rival administration and parliamentary authority in the east, while a “deepening crackdown” on civil society is having a “chilling effect on human rights defenders”, according to the UN rights office, OHCHR, in a report last month.

New impetus

Presenting the 23rd report on the Libyan file, Mr. Khan said survivors and the families of victims are waiting for justice, and the report contains benchmarks for the first time to help move cases forward. 

“Our new approach prioritises the voices of survivors”, he said. “To do so we must move closer to them. We cannot conduct investigations, we cannot build trust, while working at arms-length from those affected”

He said the first pillar of the new approach is to prioritise the referrals made by the Council, by allocating additional resources and focusing on enhancing financial investigation, together with increasing capacity in investigating sexual and gender-based crimes.

To accelerate investigations, his team is also harnessing the power of new technology, including artificial intelligence and machine learning to support the transcription and translation of Arabic language documentary, video and audio files.

The second is a commitment to empower witnesses and survivors to participate in the Office’s work.  The Hague, where the Court is based, is far from Libya. It is not possible to establish meaningful relationships with victims, by engaging at arms’ length. It is vital to work shoulder-to-shoulder with the affected communities, he told ambassadors.

More on-site investigation

“We need to be more on the ground,” he said, adding that the Office is establishing an enhanced field presence.

The third is to strengthen engagement with Libyan authorities, focusing on supporting national accountability efforts based on the principle of complementarity.

Where national authorities can take forward genuine proceedings, his Office should be there to support, he said.

Focus on justice

But, if Libyan authorities appear unable to carry out investigations or prosecutions of crimes under the jurisdiction of the Court, his Office will continue to do its work. He said he will visit Libya in the coming reporting period to deepen the Court’s relationships with the Libyan authorities. 

The fourth new approach, he said, was to increase avenues for accountability by enhancing cooperation with third States, international and regional organisations.

He said he does not want his Office to be only a recipient of cooperation from relevant national authorities, but a positive contributor to national accountability processes. This must be “a two-way street”, the ICC Prosecutor urged.

 



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