Lesotho: Law enforcement officials must be held accountable for disproportionate and unnecessary use of force against protestors

Lesotho: Law enforcement officials must be held accountable for disproportionate and unnecessary use of force against protestors

The Transformation Resource Centre (TRC), the International Commission of Jurists (ICJ) and the Southern Africa Litigation Centre (SALC) condemn the killing of a university student and an apparently unjustified physical assault on six other students who sustained serious injuries at the hands of police during a protest at the National University of Lesotho (NUL).

Sri Lanka: Upholding Rule of Law is the need of the hour

Sri Lanka: Upholding Rule of Law is the need of the hour

Sri Lanka’s President Gotabaya Rajapaksa should immediately submit his promised resignation and the Sri Lankan Parliament should immediately convene and follow a transition process in accordance with the Sri Lankan Constitution, said the International Commission of Jurists (ICJ) today.

Colombia: authorities must respect right to peaceful protest and end excessive force against protestors

Colombia: authorities must respect right to peaceful protest and end excessive force against protestors

The Colombian Commission of Jurists (CCJ) and the ICJ have called upon national and local authorities to respect the right of peaceful assembly and cease all use of unlawful force against protestors immediately.

Beginning 28 April, thousands of people have taken to the streets in towns and cities throughout Colombia to protest and the social and economic policies of the current national government. As of this writing the protests continue.

The CCJ and the ICJ have expressed their concern about widespread and serious human rights violations committed during the protests.

There are multiples reports from civil society organizations that document incidents where police officials have opened fire with live ammunition against protestors.

Although full and precise figures are unavailable, as of 6 May 2021, according to the Ombudspersons’ Office  at least 26 people had lost their lives. In at least 11 cases, police officials were allegedly responsible for the killings.

The NGO Temblores has documented 37 killings and the NGO Indepaz has information of more than 1.200 people injured during the protests. In addition,  a number of cases of sexual violence have been reported.

The organizations are especially concerned that there are substantial number of people whose whereabouts are unknown. Complete figures on possible disappeared persons are not available. Even more worrisome, there are substantial differences among the figures provided by different sources.

In this regard, for instance, the Ombudspersons’ Office said that it has received information about the possible disappearance of 145 people. The Ombudspersons’ Office has established the whereabout of 55 people.

For its part, the civil society platform Mesa de Trabajo sobre Desaparición Forzada en Colombia has informed that it has information of 471 potential cases of enforced disappearances. According to the platform, the whereabout of 92 people have been determined.

The violent acts committed in Valle del Cauca are particularly serious. In this region, it has been reported that at least 17 people have died, and an undetermined number of people are seriously wounded.

Similarly, in Cali, some members of human rights organizations and the Office of the United Nations High Commissioner for Human Rights in Colombia alleged that they had been subject to verbal attacks and physical assault when there were verifying the situation of detained people.

The CCJ and the ICJ urge Colombian authorities to acknowledge act to address the allegations of human violations committed during the protests. They must conduct, independent, impartial, prompt, thorough, effective, and transparent investigations in accordance with Colombian law and its obligations under the International Covenant on Civil and Political Rights.

Furthermore, the investigation must take place within the ordinary criminal jurisdiction and under no circumstances should there be resort to military jurisdiction. Under international law and standards, cases that may constitute arbitrary deprivation of life or enforced disappearances cannot be considered to be connected with military duties.

Additionally, there is information that some police officials have been wounded, and at least one was allegedly unlawfully killed. The CCJ and the ICJ condemn these and other violent acts and urge judicial authorities to investigate and sanctions those responsible.

On the other hand, the CCJ and the ICJ recall that the use of force by police officials should must only be deployed in accordance with international standards. In particular, any such action must comply with the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.

These Principles establish that the use of force should be exceptional, necessary and proportional. Especially, authorities should faithfully comply with principle 9 that sets out that lethal force should be not used “except in self-defence or defence of others against the imminent threat of death or serious injury”.

Finally, the CCJ and the ICJ express their great concern about the national government’s decision to involve the military forces for the contention of the violence under the legal figure of “military assistance” (asistencia militar). The decision does not respect the international human rights law standards on the use of force and the right of peaceful assembly.

It should be remembered that military forces are not trained or designed to protect and control civilians during protests or scenarios of disruption of public order.

Therefore, the participation of military forces should be exceptional in situations of necessity, for example to confront immediate extreme violence and temporally limited, as affirmed by international bodies such as the UN Committee on Human rights and the Inter-American Court of Human Rights. 

Contacts:

Ana María Rodríguez, Deputy Director of the Colombian Commission of Jurists, anarodriguez(a)coljuristas.org

Rocío Quintero M, Latin American Legal and Policy Adviser, International Commission of Jurists, rocio.quintero(a)icj.org

 

Myanmar: Accountability needed for crimes against humanity (UN Statement)

Myanmar: Accountability needed for crimes against humanity (UN Statement)

Today, the ICJ delivered a statement to the UN Human Rights Council calling for accountability for crimes against humanity committed in Myanmar during the Interactive Dialogue on the report by the UN Special Rapporteur on the situation of human rights in Myanmar.

The statement reads as follows:

“Madame President,

The International Commission of Jurists (ICJ) welcomes the recent report of the Special Rapporteur on the situation of human rights in Myanmar.

The widespread gross violations of human rights documented in the report – including extrajudicial killings, arbitrary arrests and detention- underscore the need for urgent measures of accountability to redress these and to deter further violations.

ICJ has documented further evidence that the unlawful crackdown against peaceful protestors have continued to worsen leading to more extrajudicial killings. More than 50 people have already been unlawfully killed and several hundreds have been severely injured.

Hundreds of others have been arbitrarily arrested and detained, with some subjected to torture and ill-treatment. As the scale of violations continues to increase in many parts of the country, these attacks have become systematic and widespread, and must be investigated as crimes against humanity.

The ICJ therefore supports the recommendations made by the Special Rapporteur, including for referral of the situation to the ICC.

The ICJ urges the Council to adopt a resolution that would strengthen and support the IIMM’s work to collect and preserve evidence for accountability; and to extend the mandate of the Special Rapporteur, including to ensure the immediate, full and unrestricted monitoring of the situations and prompt and effective implementation of their recommendations.

Thank you.”

Contact:

Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949

 

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