Sep 30, 2020 | Events, News
For decades, victims of enforced disappearances and extrajudicial killings in Latin America have been demanding justice, truth, and reparations. Despite these efforts, impunity remains rampant. In some cases, victims have been waiting for justice for over four decades.
As a part of its strategy to promote accountability for serious human rights violations around the world, the ICJ, together with partners, is implementing a regional project to address justice for extrajudicial killings and enforced disappearances in Colombia, Guatemala, and Peru, supported by the European Union.
One of the results of the project has been to support the production of three case dossiers by the ICJ’s local partners.
In Colombia, to illustrate one of the patterns of extrajudicial killings, the Asociación de Red Defensores y Defensoras de Derechos Humanos (dhColombia) produced a document concerning three cases of extrajudicial killings committed during 2006 and 2008.
The report Una práctica sistemática ejecuciones extrajudiciales en el eje cafetero (2006-2008) presents the challenges the victims and their lawyers have faced when seeking responsibility for those crimes.
In Peru, the Instituto de Defensa Legal (IDL) documented the enforced disappearances of university students and professors between 1989 to 1993, at the height of the internal conflict. In the report Los desaparecidos de la Universidad Nacional del Centro IDL describes the difficult legal path victims have faced in order to bring state agents suspected of committing crimes to justice.
In Guatemala, to highlight the manner in which enforced disappearances were committed against rural communities during the internal armed conflict, the Asociación de Familiares de Detenidos-Desaparecidos de Guatemala (Famdegua) wrote about the enforced disappearance of more than 500 people in the region of the Veparaces. In the report Las desapariciones forzadas en la región de las Verapaces the story of five cases is presented.
These three reports contribute towards understanding the prevalence of these violations in Latin America, and the available options to tackle impunity.
On 30 September 2020, the ICJ will host a regional webinar to discuss the protection and guarantee of the rights of victims of enforced disappearances and extrajudicial executions in Argentina, Colombia, Chile, Guatemala and Peru.
The webinar will be broadcast live on the ICJ’s Facebook page, at 14 hours (Guatemala time)/15 hours (Colombia and Peru time)/ 17 hours (Chile and Argentina time).
Contact
Kingsley Abbott, Coordinator of the Global Accountability Initiative, e: kingsley.abbott@icj.org
Carolina Villadiego Burbano, Legal and Policy Adviser, Latin America and Regional Coordinator of the Project, e: carolina.villadiego@icj.org
Rocío Quintero M, Legal Adviser, Latin America, e: rocio.quintero@icj.org
Sep 22, 2020 | Advocacy, News
States should help pave the way towards credible accountability and redress for the people of Yemen by renewing and strengthening international investigations into war crimes, other serious violations of international humanitarian law, and grave human rights abuses during this 45th Session of the HRC, the ICJ and 23 other organizations said today.
Yemen is suffering from an “acute accountability gap,” according to the UN Group of Eminent Experts (GEE) on Yemen, which released its third report on September 9, 2020.
With COVID-19 threatening the lives and livelihoods of millions across Yemen, peace talks floundering, and airstrikes, shelling and attacks impacting civilians once again increasing, the reality for millions of Yemeni civilians is growing ever more bleak.
This session, the Human Rights Council has the opportunity to pave the way towards credible accountability and redress for victims and survivors in Yemen.
People in Yemen have experienced grave abuses since the conflict began in 2014, when Ansar Allah (the Houthi armed group) and military units loyal to former president Ali Abdullah Saleh took control of the capital, Sana’a, and escalated in 2015 when the Saudi/UAE-led coalition militarily intervened on the side of the Yemeni government.
With the conflict in its sixth year, millions of Yemenis are without adequate food, water, shelter or healthcare. The parties to the conflict impede the flow of life-saving goods into and around the country, attack critical infrastructure, and misdirect goods and their revenues to their own coffers and loyalists.
Thousands of civilians have been killed, wounded and otherwise harmed by airstrikes that violate international humanitarian law, indiscriminate shelling and the use of banned anti-personnel landmines.
The societal fabric has torn, with expression, speech, peaceful protest and movement increasingly restricted, and political and other identity-based divisions weaponized by those in power.
The human rights and humanitarian catastrophe in Yemen is man-made, and was avoidable. The parties to the conflict continue to hold the vast majority of power in and over Yemen.
For Yemen’s trajectory to change, the behavior of the parties to the conflict and their backers needs to change. As of September 2020, perpetrators have gone unpunished, states responsible for violations have faced no real consequences, parties have rarely acknowledged fault or taken measures to protect civilians, suppliers keep the arms used for international humanitarian law violations, and victims have been denied justice and redress.
In 2017, the Council established the GEE to report on violations of international law in Yemen and, where possible, to identify those responsible. The Council renewed the GEE’s mandate in 2018 and 2019, despite opposition from the Saudi/UAE-led coalition.
In its third report, the UN experts found the international community “can and should” do more to “help bridge the acute accountability gap” in Yemen.
The experts provided a list of specific recommendations, including for the Security Council to refer the situation in Yemen to the International Criminal Court and to expand the list of persons subject to Security Council sanctions.
The GEE supported the establishment of an investigative body, similar to the International, Impartial and Independent Mechanism for Syria, and specifically called on the Council to ensure the situation of human rights in Yemen remains on its agenda, including by ensuring adequate resources are provided to the GEE for the collection, preservation and analysis of information related to violations and crimes.
In the longer term, the Group encouraged “further dialogue about the creation of a special tribunal such as a ‘hybrid tribunal’ to prosecute cases of those most responsible,” reiterated the importance of victims’ right to a remedy, including reparations, and called for human rights to be “at the heart of any future peace negotiations,” including that “no steps are taken that would undermine respect for human rights and accountability, such as granting blanket amnesties.” 2
The GEE also reiterated concerns that states supplying arms to parties to the conflict, including to Saudi Arabia and the UAE, may be violating their obligations under the Arms Trade Treaty, and that this support may amount to aiding and assisting internationally wrongful acts.
Today, 24 Yemeni, regional, and international civil society organizations, including the ICJ, came together to call on the Council to endorse the GEE’s report, including its findings on accountability, and to take concrete steps this Council session to pave the way towards credible justice for Yemen.
The 24 organizations are calling on the Council to renew and strengthen the GEE’s mandate this September, including to collect, consolidate, preserve and analyze evidence related to, and clarify responsibility for, the most serious crimes under international law and violations of international law committed in Yemen since 2014.
The organizations are also calling on the Council to task the GEE with issuing a special report advising states on practical steps they can take to help ensure justice and redress for the tens of thousands of Yemeni civilians unlawfully harmed by the warring parties throughout this conflict.
Sep 18, 2020 | News
Today, the ICJ called upon the responsible authorities to ensure that prompt, transparent, thorough, impartial and effective investigations are carried out of allegations of extrajudicial killings and other serious human rights violations by the Colombian police during recent street protests.
The ICJ stressed that any official responsible should be prosecuted and brought to justice and victims of any violations be provided an effective remedy and reparation.
From 9 September to 10 September 2020, mass protests against serious human rights violations by Colombian police took place in Bogota, following the death of Javier Ordóñez. Ordoñez died in police custody after he had been subjected to severe ill-treatment, including by prolonged taser shock.
The protests were met with acts of unlawful, unnecessary and disproportionate use of force by police. The protests left 13 people dead, and more than 200 injured.
The incidents have been condemned by the Inter-American Commission on Human Rights (IACHR), which pointed to allegations of unlawful detention and ill-treatment of persons arrested following the demonstrations. The UN High Commissioner for Human Rights has also expressed concern at the allegations the use of excessive force during the protests.
According to witness accounts, police opened fire against people who were protesting peacefully. Some of the victims killed were said to be people who had not taken part in the protests and died due to stray bullets. Some videos of police conduct have been circulated on social media.
Similarly, Bogota Mayor, Claudia López Hernández, has affirmed that she had handed over videos of police shooting indiscriminately against people during the protests to the Office of the Attorney General and other authorities. In addition, she shared part of the videos on her Twitter account.
The ICJ recalls that under international standards governing the use of force by law enforcement officials, lethal force may never be used unless strictly necessary to protect life.
The ICJ stresses that investigations must be impartial and the need for investigators to be independent of the police. Equally important, the investigations must take place within the civilian rather than the military justice system.
The ICJ is also concerned at the threats received by human rights lawyers who have been working working to document possible human rights violations during the protests.
Background
The protests were triggered by the death of Javier Ordoñez, who died at a police facility (Comando de Acción Inmediata, CAI), on the early morning of 9 September.
A video shows that before being transferred to the facility, Ordoñez was repeatedly shocked by policemen with a stun gun while on the ground and did not represent any threat to life or safety the police or other persons. Initial results of the investigation, including the autopsy report, indicate that Ordoñez was hit in the head, neck, shoulders, and chest inside the police facility.
On 11 September 2020, the Police and the Ministry of Defence offered an “apology” for any violation of the law that may have been committed by the police, without acknowledging any specific wrongdoing.
Subsequently, on 16 September, the Minister of Defence recognized that Javier Ordóñez was murdered by the police. Although he stated that the Police respect peaceful protests, he also said the protests of September 9 and 10 were a massive and systematic attack against the police.
Along the same lines, on 13 September 2020, the office of the Mayor of Bogotá held a ceremony of “forgiveness and reconciliation”. The ceremony had the participation of some of the victims, who demanded justice.
On 17 September 2020, the Office of the Attorney General filed arrest warrants against two policemen involved in the murder of Ordóñez. The warrants have been granted by a judge. Both policemen had been arrested.
In accordance with Colombia’s obligations under the International Covenant on Civil and Political Rights, investigations “must always be independent, impartial, prompt, thorough, effective, credible and transparent”.
The UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials require that any the use of force is exceptional, necessary, and proportional and that lethal force may only be used when strictly necessary to protect life.
Colombia has been recently facing a significant increase in serious human right violations and abuses, including unlawful killings. For example, since the Peace Agreement was signed in November 2016, there has been an upward trend in the killings, death threats, and harassments against human rights defenders.
As of December 2019, the UN Verification Mission in Colombia verified 303 killings of human rights defenders and social leaders since the signature of the Peace Agreement. So far, during 2020, the Office of the United Nations High Commissioner for Human Rights in Colombia has documented 47 killings of human rights defenders and is reviewing other potential 44 cases.
Contact:
Carolina Villadiego, Legal and Policy Adviser, Latin America. Email: carolina.villadiego(a)icj.org
Rocío Quintero M, Legal Adviser, Latin America. Email: rocio.quintero(a)icj.org
Sep 8, 2020 | Advocacy, News
The ICJ, in collaboration with the Zimbabwe Anti-Corruption Commission (ZACC), today launched a whistleblowing application (tip off) mechanism in Harare.
It is common that people reporting corruption, tipping off and submitting key evidence prefer to stay anonymous, as they may have an often, well-founded, fear of reprisal by the parties involved. In such instances it is imperative for the ZACC to adopt a protective solution that guarantees user anonymity. This tip off mechanism will enable ZACC to receive information and evidence securely while the user of the mechanism remains anonymous. In turn ZACC will be able to use the information received to investigate and prosecute cases of corruption. Additionally, the application will also have a case management dashboard which will aid evaluation of ZACC’s efficiency in handling corruption cases.
Corruption undermines the rule of law by impeding access to justice through diversions of public resources for private gain. As such, the ICJ, through the support by the EU, is working towards increased transparency and integrity in the justice delivery system in order to increase access to justice for all. The whistleblowing application is not undertaken in isolation, as it builds on other initiatives to combat corruption under this programme, which include the Anti-Corruption Campaign, establishment of an anti-corruption court, capacity building, and various research initiatives.
“Corruption remains a key challenge confronting Zimbabwe. If unabated, corruption undermines democracy and the rule of law leading to violations of human rights. Its destructive effect on development disproportionately affects the poor. The participation of the public, in augmenting government efforts in combating corruption is therefore critical. It is our hope that through this awareness programme, ordinary members of the public will be able to recognize corrupt behaviour and feel empowered to take a stand against it. Further, we hope that the mechanism will sustain the momentum against corruption and increase the demand for improved accountability and transparency in various sectors in Zimbabwe thereby contributing to reduction of corruption,” said Blessing Gorejena, ICJ’s Zimbabwe Project Team leader.
Once officially launched, the whistle-blowing mechanism will be available to the public. It will be promoted and encouraged by publicizing stories of successful prosecutions and other actions as a result of information provided by whistle-blowers, as well as reporting on the effective protection of such persons from any form of reprisal or other harm.
The project is facilitated through the support of the European Union.
Contact:
Blessing Gorejena, Senior Legal Adviser and Team Leader of ICJ Zimbabwe Project, t:0772151989, e: blessing.gorejena(a)icj.org
Aug 31, 2020 | Advocacy, News
Today, the ICJ called on Belarus to comply with its international human rights law obligations in its response to the protests taking place in the aftermath of the presidential elections and in the treatment of those detained.
This includes immediately releasing persons arbitrarily detained, providing prompt access to lawyers for those still detained, accounting for the fate and whereabouts of missing protestors and promptly and effectively investigating torture and other ill-treatment.
The widespread arbitrary arrests of peaceful protesters, and credible allegations of torture and ill-treatment and enforced disappearances of detainees, are particularly alarming in light of obstacles faced by detainees in accessing lawyers, the ICJ said.
The ICJ recalls that under international human rights law, all persons have the right to peaceful assembly, and any restriction of this right must be provided in law be strictly necessary and proportionate to a specified legitimate purpose. The mass arrest of protesters does not appear to meet these requirements.
Belarus has obligations, including under treaties to which it is party, to respect the right to liberty and refrain from arbitrary arrests or other unwarranted interferences with the freedom of assembly, or freedom of expression, of protesters, protected under international law.
Law enforcement authorities must respect the right to life and the prohibition on torture or other ill-treatment at all times. Allegations of arbitrary killing, enforced disappearances and torture and other ill-treatment must be promptly, thoroughly and independently investigated, and those responsible brought to justice.
Effective remedies must be provided to victims of such serious human rights violations.
The ICJ is concerned about reports of the widespread denial of access to a lawyer and further obstacles that lawyers face while carrying out their professional duties in the current context in Belarus.
Reportedly, lawyers are not provided with access to the case file or further information necessary for the provision of effective legal assistance to their clients. This is of particular concern in light of multiple reports of torture or other ill-treatment of those detained following the election.
The ICJ stresses that the right of access to qualified legal representation is crucial for the protection of the human rights of those arrested in connection with the current political upheaval in Belarus.
The right of access to a lawyer is recognized as an essential element of the right to a fair trial and the right to liberty, protected under the International Covenant on Civil and Political Rights, to which Belarus is a party.
The UN Basic Principles on the Role of Lawyers provide that governments should ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference and should be able to consult with their clients freely and have access to appropriate information, files and documents in their possession or control in sufficient time to provide effective legal assistance to their clients.
It is essential that lawyers and other human rights defenders can carry out protection of human rights of their clients especially in times of emergency.
The ICJ also calls on the Belarus Republic Bar Association to bolster its efforts in protecting its members who provide legal representation in cases related to the ongoing protests.
Background:
The Republic of Belarus ratified the International Covenant on Civil and Political Rights in 1973
Following the presidential elections of 9 August 2020 in Belarus, widespread protests across Belarus took place following the discredited result, which were recognized as neither free nor by the European Union and other observers. Following the initial dispersal of these protests by the authorities, more than 6000 people were arrested and detained, many arbitrarily. There is credible evidence that many of those arrested or detained have been subjected to torture or other ill-treatment and that decisions regarding their arrest and detention have been made by courts temporarily established in detention centres.
While estimates of numbers differ, the whereabouts of at least tens of those who took part in the protest have not been established to date. One of the missing persons, Nikita Krivtsov, was recently found dead in a forest near Minsk.
The reports that defence lawyers were denied access to those arrested include high-profile cases, such as the case of the former presidential candidate Victor Babaryka whose lawyer was not allowed to see his client in the detention centre for more than a week.
According to the Belarusian Republican Bar Association, lawyers face problems with meeting their clients held in the detention centres and access to the case files and further information necessary to carry out their professional duties.
