Jun 15, 2021 | News
To the Permanent Representatives of Member and Observer States of the United Nations Human Rights Council,
Excellencies,
We, the undersigned Lebanese and international organizations, individuals, survivors, and families of the victims are writing to request your support in the establishment of an international, independent, and impartial investigative mission, such as a one-year fact-finding mission, into the Beirut port explosion of August 4, 2020. We urge you to support this initiative by adopting a resolution establishing such a mission at the Human Rights Council.
هذه الرسالة متاحة باللغة العربية أيضاً
On August 4, 2020, one of the largest non-nuclear explosions in history decimated the port and damaged over half the city. The Beirut port explosion killed 217 people, including nationals of Lebanon, Syria, Egypt, Bangladesh, Philippines, Pakistan, the Netherlands, Canada, Germany, France, Australia, and the United States. It wounded 7,000 people, of whom 150 acquired a physical disability, caused untold psychological harm, and damaged 77,000 apartments, forcibly displacing over 300,000 people. At least three children between the ages of two and 15 lost their lives. Thirty-one children required hospitalization, 1,000 children were injured, and 80,000 children were left without a home. The explosion affected 163 public and private schools and rendered half of Beirut’s healthcare centers nonfunctional, and it impacted 56% of the private businesses in Beirut. According to the World Bank, the explosion caused an estimated US$3.8-4.6 billion in material damage.
The right to life is an inalienable and autonomous right, enshrined in the International Covenant on Civil and Political Rights (ICCPR) (article 6), which Lebanon ratified in 1972. The Human Rights Committee, which interprets the ICCPR, has stated that states must respect and ensure the right to life against deprivations caused by persons or entities, even if their conduct is not attributable to the state. The Committee further states that the deprivation of life involves an “intentional or otherwise foreseeable and preventable life-terminating harm or injury, caused by an act or omission.” States are required to enact a “protective legal framework which includes criminal prohibitions on all manifestations of violence…that are likely to result in a deprivation of life, such as intentional and negligent homicide.”
The facts as currently known suggest that the storage of more than 2,700 tons of ammonium nitrate alongside other flammable or explosive materials, such as fireworks, in a poorly secured hangar in the middle of a busy commercial and residential area of a densely populated capital city likely created an unreasonable risk to life.
Since the explosion, a number of official documents were leaked to the press, including official correspondence and court documents that indicate customs, port, judicial, and government officials as well as military and security authorities had been warned about the dangerous stockpile of potentially explosive chemicals at the port on multiple occasions since 2013.
Further, the Human Rights Committee General Comment No. 36 on article 6 states: “The duty to protect by law the right to life also requires States parties to organize all State organs and governance structures through which public authority is exercised in a manner consistent with the need to respect and ensure the right to life, including by establishing by law adequate institutions and procedures for preventing deprivation of life, investigating and prosecuting potential cases of unlawful deprivation of life, meting out punishment and providing full reparation.” The investigations into violations of the right to life must be “independent, impartial, prompt, thorough, effective, credible, and transparent,” and they should explore “the legal responsibility of superior officials with regard to violations of the right to life committed by their subordinates.”
The impact and aftermath of the explosion also likely violated Lebanon’s international human rights obligations to guarantee the rights to education and to an adequate standard of living, including the rights to food, housing, health, and property. More notably, Lebanon can only uphold its obligation to provide effective remedy to the victims on the basis of a credible, effective, and impartial investigation whose findings would then be the basis for any effective remedy plan.
In August, 30 UN experts publicly laid out benchmarks, based on international human rights standards, for a credible inquiry into the August 4, 2020, blast at Beirut’s port, noting that it should be “protected from undue influence,” “integrate a gender lens,” “grant victims and their relatives effective access to the investigative process,” and “be given a strong and broad mandate to effectively probe any systemic failures of the Lebanese authorities.”
The domestic investigation into the Beirut blast has failed to meet those international standards. The ten months since the blast have been marked by the authorities’ obstruction, evasion, and delay. Human Rights Watch, Amnesty International, Legal Action Worldwide, Legal Agenda, and the International Commission of Jurists have documented a range of procedural and systemic flaws in the domestic investigation that render it incapable of credibly delivering justice, including flagrant political interference, immunity for high-level political officials, lack of respect for fair trial standards, and due process violations.
Victims of the blast and their relatives have been vocal in calling for an international investigation, expressing their lack of faith in domestic mechanisms. They claim that the steps taken by the Lebanese authorities so far are wholly inadequate as they rely on flawed processes that are neither independent nor impartial. This raises serious concerns regarding the Lebanese authorities’ ability and willingness to guarantee victims’ rights to truth, justice, and remedy, considering the decades-long culture of impunity in the country and the scale of the tragedy.
As we approach the one-year anniversary of the explosion, the case for such an international investigation has only strengthened. The Human Rights Council has the opportunity to assist Lebanon to meet its human rights obligations by conducting an investigative or fact-finding mission into the blast to identify whether conduct by the state caused or contributed to the unlawful deaths, and what steps need to be taken to ensure an effective remedy to victims.
The independent investigative mission should identify human rights violations arising from the Lebanese state’s failure to protect the right to life, in particular whether there were:
- Failures in the obligation to protect the right to life that led to the explosion at Beirut’s port on August 4, 2020, including failures to ensure the safe storage or removal of a large quantity of highly combustible and potentially explosive material;
- Failures in the investigation of the blast that would constitute a violation of the right to remedy pursuant to the rights to life.
The independent investigative mission should report on the human rights violated by the explosion, failures by the Lebanese authorities, and make recommendations to Lebanon and the international community on steps that are needed both to remedy the violations and to ensure that these do not occur in the future.
The Beirut blast was not an isolated or idiosyncratic incident. In the weeks following the explosion, two fires broke out at the port in scenes reminiscent of the fire that resulted in the Beirut blast, terrorizing the public. In February 2021, a German firm tasked with removing tons of hazardous chemicals left in Beirut’s port for decades warned that what they found amounted to “a second Beirut bomb.” If these substances caught fire, Beirut would have been “wiped out”, the interim port chief said.
It is time for the Human Rights Council to step in, heeding the calls of the families of the victims and the Lebanese people for accountability, the rule of law, and protection of human rights. The Beirut blast was a tragedy of historic proportions, arising from failure to protect the most basic of rights – the right to life – and its impact will be felt for far longer than it takes to physically rebuild the city. The truth of what happened on August 4, 2020, is a cornerstone in redressing and rebuilding after the devastation of that day.
The thousands of individuals who have had their lives upended and the hundreds of thousands of individuals who have seen their capital city disfigured in a most irrevocable way deserve nothing less.
List of signatories:
Organizations:
Access Center for Human Rights (Wousoul)
Accountability Now
ALEF – Act for Human Rights
Amnesty International
Anti-Racism Movement
Arab NGO Network for Development
Arab Reform Initiative
Basmeh & Zeitooneh
Baytna
Cairo Institute for Human Rights Studies (CIHRS)
Centre d’accès pour les droits de l’homme (ACHR)
Committee of the Families of the Kidnapped and Disappeared in Lebanon
Dawlaty
Gherbal Initiative
Gulf Centre for Human Rights
Helem
Human Life Foundation for Development and Relief (Yemen)
Human Rights Research League
Human Rights Solidarity (HRS)-Geneva
Human Rights Watch (HRW)
Human Rights Without Frontiers (HRWF)
Impunity Watch
International Commission of Jurists
Justice and Equality for Lebanon
Justice for Lebanon
Khaddit Beirut
Kulluna Irada
Lebanese-Swiss Association
Legal Action Worldwide
Legal Agenda
Liqaa Teshrin
Mada Network
Media Association for Peace (MAP)
Meghterbin Mejtemiin (United Diaspora)
Mwatana for Human Rights
National Youth for Lebanon Movement
PAX (Netherlands)
Peace Track Initiative
Project on Middle East Democracy (POMED)
Refugees=Partners Project
Samir Kassir Foundation
SEEDS for Legal Initiatives
Syrian Center for Media and Freedom of Expression – SCM
The Alternative Press Syndicate Group
The Foundation for Human Rights and Freedoms and Humanitarian Relief (IHH)
The International Center for Transitional Justice
The Lebanese Center for Human Rights (CLDH)
The Lebanese Diaspora Network (TLDN)
Tunisian League of Human Rights defense (LTDH)
UMAM Documentation & Research
Individuals:
Christophe Abi-Nassif – Lebanon Program Director, Middle East Institute
Nasser Saidi – President Nasser Saidi & Associates; Former Lebanese Minister of Economy & Industry
Randa Slim – Senior Fellow and Director of the Conflict Resolution and Track II Dialogues Program at the Middle East Institute
Survivors and Families of the Victims:
Alexandre Ibrahimcha, lost his mother Marion Hochar Ibrahimcha
Anthony, Chadia, Ava and Uma Naoum
Antoine Kassab, lost his father
Aya Arze Salloum
Carine Farran Sacy
Carine Tohme
Carine Zaatar
Carole Akiki
Cecilia and Pierre Assouad
Cedric el Adm, lost his sister
Charbel Moarbes
Charles Nehme, lost his father
Cybele Asmar lost her aunt Diane Dib
Fouad Rahme, lost his father
Georges Zaarour, lost his brother
Jean-Marc Matta
Jihad Nehme
Joanna Dagher Hayek
Karine Makhlouf, lost her mother
Karine Mattar
Laura Khoury
Lyna Comaty
Mireille el Khoury, lost her son
Myrna Mezher Helou, lost her mother
Nadine Khazen, lost her mother
Nicolas and Vera Fayad
Nicolas Dahan
Olga Kavran
Patrice Cannan, lost his brother
Patricia Haddad, lost her mother
Paul and Tracy Naggear, lost their daughter Alexandra Naggear
Reina Sfeir
Rénié Jreissati
Rima Malek
Rony Mecattaf
Sara Jaafar
Sarah Copland, lost her son Isaac Oehlers
Tania Daou Alam, lost her husband
Tony Najm, lost his mother
Vartan Papazian, lost his daughter-in-law
Vicky Zwein
Zeina Sfeir
Families of the following firefighters:
Charbel Hetty
Charbel Karam
Elie Khouzamy
Joe Akiki
Joe Andoun
Joe bou Saab
Joe Noun
Joseph Merhy
Joseph Roukoz
Misal Hawwa
Najib Hetty
Ralph Mellehy
Ramy Kaaky
Sahar Fares
Contact:
Said Benarbia, Director of the ICJ’s Middle East and North Africa programme, email: said.benarbia@icj.org phone number: +41 79 878 35 46
Asser Khattab, Research and Communications Officer at the ICJ’s Middle East and North Africa programme, email: Asser.khattab(a)icj.org
Oct 26, 2020 | News
The ICJ and Lawyers Alert today called on the Nigerian authorities to undertake immediate independent and thorough investigations into credible allegations of extrajudicial killings by the military responding to mass protests against the SARS police unit.
Those responsible for criminal conduct must be brought to justice and held to account, the two organizations said.
The authorities must respect their international legal obligations under international law and cease the unlawful, unnecessary and disproportionate use of force in response to Nigerians’ lawful protest actions.
Protest actions have escalated over the last two weeks as Nigerians have staged a series of protests under the #EndSARS movement. Thousands of people joined the demonstrations, demanding an end to police brutality and corruption.
Reports confirm that more than 56 people have died over the two weeks of protest actions, including 38 protesters who were killed, on the 20 October alone, as a result of the Nigerian military opening fire on thousands of peaceful protesters.
“The right to peaceful assembly is guaranteed under international law, including the International Covenant of Civil and Political Rights (ICCPR) which Nigeria has acceded to. Nigeria’s brutal responses to the peaceful demonstrations, including the use of lethal force on force protestors, not only violates this right but also their right to life,” said Kaajal Ramjathan-Keogh, ICJ Africa Regional Programme Director.
Lawyers Alert Executive Director Rommy Mom said: “The Nigerian government’s responses to the protests have undermined the rule of law. Groups and persons should not be afraid to approach the Judicial Panels of Inquiry to lay their grievance towards identification of culpable SARS officers for appropriate sanctions and the compensation of victims.” The organizations recall that under international law, the use of lethal force by law enforcement officials is permissible only when strictly necessary to protect life.
Police in the SARS unit are credibly alleged to be responsible for a widespread practice of torture and other serious human rights violations.
In addition to ending these violent attacks on protestors, the ICJ and Lawyers Alert call on the Nigerian government to address the demands of protestors and embark on comprehensive reform of the police, with emphasis on oversight functions, tethering oversight to civil society groups, the National Human Rights Commission and the constitutional oversight body of the Nigeria police.
“These protests have gained momentum outside Nigeria and have extended beyond the local borders to Ghana, United Kingdom and South Africa. The world’s attention is currently on Nigeria, as the global support for protestors rise amidst further police brutality. The Nigerian government must ensure that it respects and protects the human rights of all in accordance with its obligations under international law,” added Ramjathan-Keogh.
Background
Founded in 1992, the Special Anti-Robbery Squad (SARS) was mandated to “investigate cases involving armed robbery and kidnapping”. However, since its inception, there have been widespread complaints by Nigerians about the conduct of SARS This year Amnesty International issued a report, documenting at least 82 cases of torture, ill treatment and extra-judicial execution by SARS during the period of January 2017 and May 2020
In addition to the ICCPR, Nigeria is party to the UN Convention against Torture and the African Charter on Human and Peoples’ Rights (African Charter), which guarantees the right to life under Article 4 and the right to assemble freely with others under Article 11. These rights are also respectively protected under sections 33(1) and 40 of the Nigerian Constitution.
Article 6 of the ICCPR prohibits the arbitrary deprivation of life.
Principle 9 of the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials affirm that:
Law enforcement officials shall not use firearms against persons except in self-defence or defence of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving grave threat to life, to arrest a person presenting such a danger and resisting their authority, or to prevent his or her escape, and only when less extreme means are insufficient to achieve these objectives. In any event, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life.
Contact
Kaajal Ramjathan-Keogh, Director of ICJ’s Africa Regional Programme, c: +27845148039, e: kaajal.keogh(a)icj.org
Tanveer Jeewa, Communications Officer, tanveer.jeewa(a)icj.org
Homepage photo credit: Tshwanelo Mathwai
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
Aug 20, 2020 | News
Despite remarkable efforts to recover and identify human remains in Latin America, there are still thousands of cases where remains have not been identified and returned to their family. Crucially, families still struggle to understand and participate in the forensic process.
To address this issue, el Equipo Argentino de Antropología Forense (EAAF) launched today a Forensic Guide which aims at providing practical and accessible information on the investigation, recovery, and analysis of human remains.
Currently, this publication is only available in Spanish but an English version will be provided in the forthcoming months.
The guide will be particularly useful for people who have no previous forensic knowledge and will contribute towards improving the understanding and participation of victims and civil society organizations in the search for disappeared persons.
The Guide was written by Luis Fondebrider, the executive director of the EAAF and takes into account international standards including the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016).
The ICJ, the Equipo Peruano de Antropología Forense (EPAF) and the Fundación de Antropología Forense de Guatemala (FAFG) provided input during the Guide’s development.
The Guide was launched during a Webinar. The key speakers were Luis Fondebrider from the EAAF; Claudia Rivera from the FAFG and Franco Mora from the EPAF. It was moderated by Carolina Villadiego from the ICJ.
At the launch, all the forensic experts emphasized the central role that the families of disappeared persons must play in the process of investigation, recovery, and analysis of human remains. In particular, it was acknowledged that they not only have key information to find the remains but also, they have driven the processes.
Background
The Guide was produced as part of a regional project addressing justice for extrajudicial killings and enforced disappearances in Colombia, Guatemala, and Peru, which is coordinated by the ICJ.
The aim of the project is to promote the accountability of perpetrators and access to effective remedies and reparation for victims and their families in cases of extrajudicial killings and enforced disappearances in Colombia, Guatemala and Peru – and Latin America more broadly – through effective, accountable and inclusive laws, institutions and practices that also reduce the risk of future violations. The project is supported by the EU European Instrument for Democracy and Human Rights (EIDHR).
The ICJ’s partners include the Asociación de Familiares de Detenidos-Desaparecidos de Guatemala (FAMDEGUA), Asociación Red de Defensores y Defensoras de Derechos Humanos (dhColombia), Equipo Argentino de Antropología Forense (EAAF), Equipo Peruano de Antropología Forense (EPAF), Fundación de Antropología Forense de Guatemala (FAFG), and the Instituto de Defensa Legal (IDL).
Contacts:
Kingsley Abbott, Coordinator of the Global Accountability Initiative, e: kingsley.abbott(a)icj.org
Carolina Villadiego, Legal and Policy Adviser, Latin America, and Regional Coordinator of the Project, e: carolina.villadiego(a)icj.org
Sep 20, 2019 | News
The ICJ today expressed concern at the killing of lawyer Derk Wiersum, who was shot on 18 September 2019 in broad daylight in front of his home in Amsterdam.
Derk Wiersum was representing a key witness for the prosecution in a high-profile criminal trial against 16 members of a criminal organization, accused of five murders and an attempted murder between 2015 and 2017.
The Netherlands’ counter-terrorism agency, NCTV, is leading a team of police and prosecutors carrying out an investigation into the killing; other lawyers and officials involved in the case have been put under emergency protection.
“The killing of a lawyer, apparently in connection with his work, raises serious concern both for security of lawyers and for the rule of law. We welcome the prompt measures taken by the Dutch authorities to initiate an investigation into this crime, which should lead to the identification and prosecution of the perpetrators. It is also crucial that measures be taken to ensure the safety of other lawyers and other individuals who may be at risk,” said Róisín Pillay, ICJ Europe Programme Director.
Dutch lawyers, prosecutors and judges have issued a joint statement expressing their shock and raising concern at the threat of this attack to the country’s legal system.
Additional information:
International human rights law, including the European Convention on Human Rights to which the Netherlands is a party, requires that States take steps to protect the life and physical integrity of persons who they know or ought to know are at real risk of violence.
According to the UN Basic Principles on the Role of Lawyers, governments must ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference (principle 16). The UN Basic Principles specify that “[w]here the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities” (principle 17).
