UN Human Rights Dialogue: Europe is Curbing Free Speech

|| June 23: 2017 || ά.
On June 19, ADF International addressed
increasing speech regulations by so-called 'hate speech' laws in a number of UN
Member States during the 35th session of the Human Rights Council. The human
rights legal organisation delivered an oral statement responding to the report
of the Special Rapporteur on the enjoyment of the right to freedom of opinion
and expression.
“Everyone should be free to speak without fear of being punished by the
government. The number of Member States enthusiastically recommending the
expansion of ‘hate speech’ laws is worrying. Freedom of speech is one of the
hallmarks of a free and democratic society. ‘Hate speech’ laws create a
'you-can’t-say-that' mindset, which silences debate and has a chilling effect on
society. In a free society ideas should be fought with ideas, not criminal
penalties.” said Mr Rubén Navarro, Senior UN Counsel for ADF International.
Across Europe, 'hate speech' laws have already had a devastating effect on
freedom of speech. Ministers of religion have been arrested for preaching
sermons from the Bible, journalists are routinely fined and even private
conversations between citizens can result in criminal investigation. For
example, in Poland, offending 'religious feelings' carries a two-year prison
sentence, while in Sweden anyone who expresses 'contempt' toward a group of
people, may be, jailed.
The intervention of ADF International pointed to the fact that there was no
formal or universally shared definition of what constitutes 'hate speech', an
issue cknowledged by the Council of Europe, the Fundamental Rights Agency of the
European Union and UNESCO. “The European Court of Human Rights has affirmed the
right to freedom of expression in numerous cultures and contexts across Europe.
Once the State starts
censoring unpopular speech, there is no logical stopping point. Freedom of
speech fosters vibrant civil society. Censorship creates fear. Citizens feel
like they are treading on eggshells, not knowing whether or not their words,
may, lead to arrest and prosecution.” said Mr Paul Coleman, Senior Counsel and
Deputy Director for ADF International and Author of the book
Censored: How European Hate Speech Laws are Threatening
Freedom of Speech.
ω.
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to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
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Swedish Midwife Ellinor Grimmark Turns to
Human Rights Court

|| June 14: 2017 || ά.
Today Christian midwife Mrs Ellinor Grimmark filed her application with
the European Court of Human Rights against Sweden. Mrs. Grimmark had to seek
work in another country because she refused to participate in abortions. The
Swedish courts have failed to recognise her right to conscientious objection.
She is the only midwife, who has suffered at the hands of the Swedish
authorities. Ms Linda Steen was, also, denied a job as a midwife because she refused
to participate in abortions.
“I chose the midwifery profession because I wanted to help bring life into this
world. I cannot understand why the Swedish government refuses to accommodate my
conscientious convictions. I am now working in Norway, where my conscience is
respected, but no-one can explain why Sweden cannot do the same.” explained Mrs Ellinor Grimmark during a media background briefing in Strasbourg today.
Three different medical clinics had refused to employ Mrs. Grimmark because she
would not assist with abortions in light of her convictions about the dignity of
all human life.
On April 12, the Swedish Labour Court of Appeal refused to
protect freedom of conscience and found that Mrs. Grimmark’s rights had not been
violated.
It required her to pay the local government’s legal costs, amounting to more
than EUR150,000. ADF International filed an expert brief in support of her
case, highlighting the protection for freedom of conscience that exists under
international law.
“Ellinor Grimmark’s case could determine whether people, who value life at all
stages of development will be able to pursue a medical career in the future.
Sweden has failed to protect this midwife’s fundamental right to freedom of
conscience guaranteed by international law.” said Mr Robert Clarke, Director of
European Advocacy for ADF International.
“The desire to help bring life into this world is what leads many midwives and
nurses to enter the medical profession in the first place. Instead of forcing
desperately needed midwives out of a profession, states should look to safeguard
the moral convictions of medical staff.” ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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International Criminal Court May Open Probe Into Migrant-Related Crimes in
Libya: ICC Prosecutor Told the Security Council

International Criminal Court:ICC Prosecutor Fatou Bensouda
briefs the Security Council on the situation in Libya. Image: UN Photo:Manuel
Elias
|| May 08: 2017 || ά.
The Prosecutor of the International Criminal
Court:ICC today told the United Nations Security Council that her Office was
considering launching an investigation into alleged migrant-related crimes in
Libya, including human trafficking. “My Office continues to collect and analyse
information, relating to serious and widespread crimes allegedly committed
against migrants attempting to transit through Libya.” said Ms Fatou Bensouda
during a Security Council meeting on the North African country’s situation.
“I’m similarly dismayed by credible accounts that Libya has become a marketplace
for the trafficking of human beings.” she added, noting that her Office is
carefully examining the feasibility of opening an investigation into
migrant-related crimes in Libya, should the Court’s jurisdictional requirements
be met. “We must act to curb these worrying trends.” she said. Ms. Bensouda said
that reports indicated the country was at risk of returning to widespread
conflict and such an outcome would not bode well for the rule of law in Libya
and would surely aggravate a climate of impunity, which could in turn lead to
widespread human rights abuses and violations of international humanitarian law.
Turning to specific cases before the Court, she said that her office had alleged
Al-Tuhamy Mohamed Khaled, the former Head of the Libyan Internal Security Agency
under the Muammar Gaddafi regime, was responsible for crimes against humanity
and war crimes.
The pre-trial chamber of the Court found reasonable grounds to believe that the
Internal Security Agency, led by Mr. Al-Tuhamy, along with other Libyan
military, intelligence and security agencies, arrested and detained persons
perceived to be opponents of Mr. Gaddafi and his rule.
The prosecutor said that those persons were allegedly subjected to various forms
of mistreatment, including severe beatings, electrocution, acts of sexual
violence and rape, solitary confinement, deprivation of food and water, inhumane
conditions of detention, mock executions and threats of killing and rape, in
various locations throughout Libya.
Ms. Bensouda urged Libya as well as State or non-State parties to take immediate
action to verify the suspect’s whereabouts and facilitate his arrest and
surrender to the Court. She said that the Court 'unsealed' its arrest warrant
for Mr. Al-Tuhamy to enhance the chances of justice being done.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Scots Moot at the Hague: May 17-20: But They Need Some
Support to Get There and Invite the Country to Lend a Hand for Them to Gather
the Funds

Image: University of Dundee
|| May 07: 2017: University of Dundee News || ά. The
final-year law students from the University of
Dundee will represent Scotland as they take on a prestigious international law
moot at The Hague later this month. Each year, hundreds of law students from all
over Europe compete against one another, representing their university and
country at the Telders
International Moot Court Competition, now in its 40th year. This
year's event is taking place on May 17-20.
The moot, a mock judicial proceeding, will see the team dispute a fictitious
case between two states and defend their position in front of a panel of judges
from the International Court of Justice, the highest legal organ in the United
Nations. The Dundee team consists of UK students Ms Ruby Davies, Ms Christie
Allan, Ms Blythe Petrie and Ms Christiane Schleich. Ms Schleich is a German
student on the Erasmus exchange programme from the University of Passau.
Ms Schleich said, "It is a great opportunity to apply the knowledge we have
learnt over so many years and put them into practice, especially as an Erasmus
student. I have improved my English as well as my law and I am very excited to
compete against the German teams."
Ms Ruby Davies said, "We are all really delighted to represent Scotland at
Telders. It is exciting to think that we will soon be in front of judges who we
have all cited in essays for years. They are like legal celebrities to us."
The team was coached by Dr Jacques Hartmann, Senior Lecturer in International
Law and Security at the University. Dr Hartmann said, “I am very impressed by
the dedication and the hard work that the students have put into the preparation
of the moot. I have no doubt that they will fare well."
The four students are raising funds to assist with the cost of participation in
the competition, which takes place at The Hague on May 17-20. Donations can be
made through this
webpage.

Please, support these young people
The Team said about their Fundraising Bid: We are four final
year undergraduate law students from the University of Dundee: Ruby Davies,
Christiane Schleich, Christie Allan and Blythe Petrie, coached by Dr. Jacques
Hartmann. We have been selected to represent Scotland in the Telders
International Law Moot Competition. The competition will take place in May 2017
at the International Court of Justice in The Hague.
This year's case relates to diplomatic immunity, inviolability of embassy
premises, reservations to treaties and legitimate counter-measures. In order to
enter the competition, we need to fund our travel and accomodation costs as well
as the entry fee. Anyone interested in sponsoring our team will be credited in
the Telders International Law Moot publication which will be distributed to all
participating parties and members of the audience. This would provide an
excellent opportunity to promote the firm on an international level.
We would greatly appreciate any contributions. Help spread the word!
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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ASEAN Summit: Leaders Must Take a Stand Against the Philippines Bloodshed:
Amnesty International

Permanent headquarters of the International Criminal Court at
The Hague: Image: UN Photo:Rick Bajornas
|| April 26: 2017: Amnesty International News || ά.
With mounting evidence of government involvement
in thousands of extrajudicial executions in the Philippines President Mr Rodrigo
Duterte’s ‘war on drugs’, Amnesty International is calling on regional leaders
to take a stand against possible crimes against humanity as they meet at the
30th Association of Southeast Asian Nations:ASEAN Summit in Manila this week.
“While they meet in their comfortable surroundings, ASEAN leaders should spare a
thought for the thousands of people, who have been killed as part of Duterte’s
brutal crackdown. The vast majority are from marginalised and neglected
communities, making it effectively a war on the poor.” said Ms Champa Patel,
Director for Southeast Asia and the Pacific at Amnesty International. “As the
death toll mounts, so does evidence of the Philippines authorities’ role in the
bloodshed.
That the Philippines is
chairing the ASEAN Summit against this horrifying backdrop is a scandal, and
should prompt the government to make independent and effective investigations
into unlawful killings an immediate priority. They must send a clear message
that there will be accountability and an end to such shocking violations.”
Amnesty International is calling upon ASEAN leaders to consider whether the mass
killings in the Philippines amount to a 'serious breach' of the ASEAN Charter
and in particular, whether they constitute non-compliance with the Charter’s
pledge to human rights. Under Article 20:4 of the Charter, the ASEAN Summit,
may, on such occasions meet and take action.
In an open letter to the Philippines Justice Secretary, Amnesty International
is, also, urging the Philippines authorities to prioritise prompt, impartial and
effective investigations into all drug related killings and to press criminal
charges against anyone reasonably suspected of involvement, regardless of their
rank or status in the police or government. The letter has been signed by over
20 representatives of the organisation, throughout the Asia Pacific, Europe and
Americas regions.
Up to 9000 people have been killed by police or unknown armed persons since July
2016. High-ranking government officials and in particular, President Mr Duterte,
have explicitly and repeatedly called on police, as well as private citizens, to
kill people they suspect of using or selling drugs, rather than acting in
accordance with national laws and respecting international human rights
obligations.
Amnesty International has stated that unless key steps were promptly taken, the
ICC should initiate a preliminary examination into unlawful killings in the
Philippines’s violent anti-drug campaign and related crimes under the Rome
Statute, including the involvement of government officials, irrespective of rank
and status.
The ASEAN Summit is a semi-annual meeting of the leaders of the ten member
states of the Association of Southeast Asian Nations to discuss issues of mutual
interest. ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Discovery of More Mass Graves in Democratic Republic of
Cong Must Be Investigated

Permanent headquarters of the International Criminal Court at
The Hague: Image: UN Photo:Rick Bajornas
|| April 19: 2017 || ά.
Raising alarm over increasing reports of serious human rights violations in the
Kasai Central and Kasai Oriental provinces of Democratic Republic of the Congo,
UN High Commissioner for Human Rights Mr Zeid Ra'ad Al Hussein said that the
scale and nature of the allegations could warrant an investigation by an
international mechanism, such as the International Criminal Court:ICC. According
the Office of the UN High Commissioner for Human Rights:OHCHR, between April 05
and 07, a team of UN human rights and police officials found 17 further mass
graves in the Kasai Central province, which had been the location of clashes
between security forces and the Kamuina Nsapu, a local militia.
“The discovery of yet more mass graves and the reports of continued violations
and abuses highlight the horror that has been unfolding in the Kasais over the
last nine months.” said Mr Zeid Ra'ad Al Hussein in a news release, highlighting
the need to monitor the situation closely. “Should there be no effective
national investigation, I will not hesitate to urge the international community
to support an investigation by an international mechanism, including the
International Criminal Court.” he added. Fifteen of the recently discovered mass
graves were in a cemetery in the town of Tshimbulu and two in the locality of
Tshienke.
According to information received by the UN investigators, soldiers from the
Forces armées de la Republique démocratique du Congo:FARDC had reportedly dug
the graves, after clashing with presumed elements of the Kamuina Nsapu between
March 26 and 28. At least 74 people, including 30 children, were reported to
have been killed by soldiers as a result of these clashes.
The militia, loyal to a local customary Chief, who was killed in August last
year, has been accused of a number of crimes and human rights abuses, including
killings and abduction, recruitment of children and targeting schools, hospitals
and churches.
“It is absolutely vital that the Government takes meaningful steps, which to
date, have been lacking, to ensure that there is a prompt, transparent and
independent investigation to establish the facts and circumstances of alleged
human rights violations and abuses perpetrated by all parties.” said Mr Al
Hussein.
The UN team, also, visited Kananga, a town in Kasai Central, where between March
28 and 30, FARDC soldiers were reported to have shot dead at least 40 people,
including 11 children and 12 women, in the town's Nganza commune and injured at
least 21 others. There are further allegations that at least two women and three
girls had been raped by the soldiers during that operation.
The UN investigators were informed of the killing of three individuals,
including a 17-year-old boy and a one-month-old baby during search operations by
the Police Nationale Congolaise.
In the statement, High Commissioner Mr Al Hussein offered his Office's
assistance in conducting a credible investigation into the reports and
allegations but underscored that it must be provided with unfettered access.
“We reiterate our request for access to all sites of mass graves, as well as to
all witnesses, including those in detention and other relevant information
necessary to determine responsibility at all levels.” he added.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Juriscommuniprudence: That What the University of
Sussex Law School Students are Doing

Image:
University of Exeter
|| April 15: 2017: University of Sussex News || ά.
A group of legal students from the University of Sussex is helping local people
safeguard and protect a piece of beloved community land as part of a Street Law
Project to get students involved in community matters. Sussex Law School
students have handed Westdene residents a plan, detailing what can be done
legally to protect Redhill Playing Fields from the possibility of being
developed on. For years the land, which lies at the top of Redhill Close, has
been the subject of various housing development applications.
But with the land now in the ownership of of
Brighton and Hove City Council, residents want to find a way of protecting it as
much as is possible from future development. The residents contacted Street Law
Brighton, where law students conduct research for communities on legal issues,
saying they wanted to protect the land from further development, keep the name
of the park as Redhill Playing Fields and not Gatton Park, as suggested by
previous owner developer Bellway Homes and to ensure the upkeep of the park as
now it is back in council hands.
Mr Michael Whitty, Chairman of the Westdene and Withdean Community Association,
said, “The enthusiasm and commitment given by the law undergraduates at the
University of Sussex is unquestionably invaluable. As local residents working on
a voluntary basis we would have struggled to provide the high level, intelligent
and informative report provided by the students and tutors. I hope we do justice
to the work they have done and we manage to protect the site from building
development in perpetuity.”
Local ward councillor Mr Nick Taylor has given his backing to the residents and
University, saying they can count on his support. Mr Taylor said, ''It is good
to see that local residents are benefiting from having a world class university
on their doorstep. Residents and ward councillors have fought for years to
preserve this much loved green space. It is clear there is no appetite for
further development on this land and we must do everything we can to preserve
it.”
The students’ carried out thorough research and their report highlights a number
of legal avenues the residents can take, including, ensuring the playing fields
are given special community protection, a ‘Local Designated Green Space’ through
local and neighbourhood planning, registering the land as an ‘Asset of Community
Value’, where the community can buy the land if the owner wants to sell,
applying to the council to name the park Redhill Playing Fields and set up a
Rubbish Collection Volunteering Scheme to ensure the park is looked after and
maintained.
Dr Lucy Finchett-Maddock, a Law Lecturer at the University, who leads the
students’ research work, said, “Redhill Playing Fields is an extremely important
community asset and the residents were very keen on finding a way of protecting
it.
Through Street Law, our students have carried out wide ranging research and
discovered a variety of ways the park can be protected. We have presented our
findings to the residents, who are as a result, far better legally informed and
who can now feel empowered to proceed in findings ways of safeguarding the land.
Getting involved in a community project like this not only benefits local
people, it, also, makes sure our students learn from the experience and furthers
their education.”
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Sweden: Ellinor Grimmark Case: The Swedish
Legal System Makes a Fundamental Error of Judgment: If This Has Happened Because
of the Existing Swedish Laws Than Sweden Must Look at Its Laws: For If This
Ruling is Anything to Go by This Falls Far Bellow the International Standard of
Protection That is Awarded to a Person: Ms Grimmark Should
Consider Taking the Case to the
European Court of Human Rights: The Humanion Calls on the Best of Legal Minds
Across Europe and the World to Come Forward and Join ADF in Supporting This Case

Image: ADF
|| April
12: 2017 || ά. Should a midwife have to choose between following her
conscience or pursuing her career? On April 12 the Swedish Labour Court of
Appeal, in refusing to protect freedom of conscience, found that midwives could
be asked to make that choice. The judgment contradicts international law,
protecting conscientious objection. Ms Ellinor Grimmark, a Swedish midwife, who
filed the appeal, must now decide whether to take the case to the European Court
of Human Rights. The question is this, has the court made this judgment within
the existing Swedish laws, in which case, the Court is not the focal point of
this judgment but the Judiciary of Sweden, that now must look at its existing
laws for this judgment brings out the fact that Swedish legal system falls far,
far, far bellow and way too far short, in ensuring the same level and degree of
protection to a 'person's rights, that are protected under international and
European human rights laws.
“The Court has failed to protect Ellinor Grimmark’s fundamental right to freedom
of conscience, despite the clear legal protections, that exist in international
law. Some have attempted to frame this case as one, that pits one human right
against another. However, the only person, whose rights have been violated, is
Ellinor Grimmark.” said Mr Robert Clarke, Director of European Advocacy for ADF
International. The Humanion would encourage Ms Grimmark to seriously consider
taking the case to the European Court of Human Rights and that ADF continues to
support her and her case. Further, The Humanion calls on other legal
organisations and practioners of law across Europe and the World to join ADF in
supporting Ms Grimmark in her fight to achieve justice for the violation of her
fundamental human rights. She does not fight for herself; no one fights for
their human rights for themselves alone. She fights for all humanity, that must
fight on in seeking to protect its absolute inviolability of its humanity, of
its 'person', of its 'agency'.
Three different medical clinics in the district of Jönköping had refused to
employ Ms. Grimmark because she would not assist with abortions in light of her
convictions about the dignity of all human life. However, in November 2015, a
district court found that Ms. Grimmark’s right to freedom of conscience had not
been violated.
It required her to pay the local government’s legal costs, amounting to
100,000EUR. ADF International filed an expert brief in support of her case,
highlighting the protection for freedom of conscience, that exists under
international law.
“The desire to protect life is what leads many midwives and nurses to enter the
medical profession in the first place. Instead of forcing desperately needed
midwives out of a profession, states should look to safeguard the moral
convictions of their staff.
The Parliamentary Assembly of the Council of Europe has affirmed that ‘no
person, hospital or institution shall be coerced, held liable or discriminated
against in any manner because of a refusal to perform, accommodate, assist or
submit to an abortion.” added Mr Clarke.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Sweden: If Human Beings are Not Able to Live by Their
Conscience They are Brought Down to Simple Biological Physiologies: Should This
Be the Choice Sweden Seek to Maintain That Says: Humans are Simply Biological
Physiologies: That is the Question the Ellinor Grimmark Case is Posing Before
the Swedish Labour Court of Appeal

Image: ADF
|| April
10: 2017 || ά.
Should a midwife have
to choose between following her conscience or pursuing her career? On April 12,
the Labour Court of Appeal will decide this question for Sweden. The case of
midwife Ellinor Grimmark has already attracted significant media attention, not
least because her legal team exposed Sweden’s disregard for international law
protecting conscientious objection. This does not require much argument and the
case is prima facie. What is the primary function of Midwifery: as in the
function of a knife to cut? Therefore, the test is this: is the knife's primary
and sole-prima-existentia function not cutting? What then, when someone then,
forces the knife, not to cut but do sawing, instead or in addition to cutting?
Then it should not even apply to the argument for the sole-prima-existentia of
the knife is not to saw.
The primary, sole prima-existentia
of Midwifery is to enable, support and guide giving birth. The task, that
requires midwives to conduct abortions, goes strictly against this test of sole
prima-existentia. Therefore, to the point, any midwife could, hypothetically and
legitimately, refuse to do any task, involving abortions because it does not
involve giving birth but terminating birth. This is exactly the same case, if a
Consultant refuses to take part in the taking of a life, in the case where the
person decided to take their own life and, say, law forces the Consultant to
enable that taking of life. Does the Consultant have a right to refuse simply
based on the same principle of sole-prima-existentia of a doctor for a physician
does not exist to take lives but enable and support lives to heal. The question
of conscience arises secondarily in both these cases, which is equally
applicable to both instances under our discussion and here is the problem with
'forcing' humanity to become nothing but biological physiologies, which is what
happens if they are nor not able to follow their conscience.
This does not, however, take
a view in favour or in opposition to the debate of abortions but simply
states the valid jurisprudential principle: a human being is a 'person' by
international law, a 'person', that is by definition, comprised with and by an
agency of a human mind, that cannot exist without its sanctity of conscience. Or
in other words: a human agency of a person is inalienably inseparable from the
conscience part of its existence. And if the conscience is ripped apart from the
human person's agency than she:he simply ceases to be a person or human and
becomes merely a biological physiology. Human rights, civil liberties and all
fundamental freedoms do and will simply vanish if we do not adhere to this
fundamental philosophical foundation, on which they are established.
Therefore, The Humanion
sincerely hopes that the Swedish Labour Court of Appeal sees the danger this
cases poses to this very foundation of international law and rule to uphold the
human person and that person's inviolability, that is unqualified under the very
foundation of, what we call law. No one can, should, must and must be allowed to
violate this human person, this human agency. And in this, Ms Ellinor Grimmark
has been violated on, at least, two accounts: on account of the test of
sole-prima-existentia and on account of the freedom of conscience. And it is an
admirable thing that ADF is supporting her with this case. The Humanion hopes
that, should the Court rule to uphold the violations, ADF shall continue the
fight with, on behalf of and by and for Ms Grimmark, for the most profound, most
vital and most fundamental principle, yardstick and foundation of the very
concept of law is challenged by these violations, that cannot, must not be
accepted.
“Participation in abortions should not be a requirement for employment as a
midwife.” said Robert Clarke, Director of European Advocacy for ADF
International. "We are hopeful that the Court, in accordance with international
law, will protect Ellinor Grimmark’s fundamental right to freedom of conscience.
Three different medical clinics in the district of Jönköping had refused to
employ Ms. Grimmark because she would not assist with abortions in light of her
convictions regarding the dignity of all human life.
However, in November 2015, a
district court found that Ms. Grimmark’s right to freedom of conscience had not
been violated. It required her to pay the local government’s legal costs,
amounting to 100,000 EUR.
ADF International filed an
expert brief in support of her case, highlighting the protection for freedom of
conscience that exists under international law.
“Some have attempted to frame this case as one that pits one human right against
another. However, the only person, whose rights have been violated is Ellinor
Grimmark. Midwives in other countries are able to work in accordance with their
consciences. This should be proof enough that Sweden stands without an excuse.”
said Mr Clarke.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Teesside Law Clinic Receives National Recognition for Its
Continued Pro-Bon Legal Work for Those Who Otherwise Have No Access to Legal
Counsel

Image:
Teesside University
|| April 07: 2017:
Teesside University News || ά.
The Law Clinic, based at the
University’s School of Social Sciences, Business and Law, has been shortlisted
for the third time in a row, for the Northern Law Awards 2017, which will be
awarded on June 01. The Law Clinic has a dual purpose in providing law students
with real practical experience of handling legal cases, while offering a service
to the community in cases where people, may, otherwise find it difficult to
afford legal advice and representation.
Andrew Perriman, Senior
Lecturer in Law, Teesside Law Clinic, said, ''To be shortlisted is an incredible
achievement and means that the Law Clinic has been a finalist for three
consecutive years. No other organisation, educational institute or law firm can
boast this accolade.'' The nomination was as a result of the Law Clinic’s work
in offering advice to former steelworkers, who were not in a union, following
the closure of the SSI site in Redcar.
A special meeting was called in Redcar by the Law Clinic for former SSI
steelworkers, who were not in a union in order to offer free legal advice,
guidance and representation from law students supervised by academics and
lawyers. It came about after the Law Clinic was contacted by a number of former
SSI workers with concerns about the consultation process involved when the
Redcar site closed.
The Law Clinic offered advice to workers, who weren’t part of a union while they
worked at the company to see if they were eligible for a protective award. ''The
Law Clinic was approached by a number of ex-employees from the former steelworks
formerly owned by SSI, following a case heard in the employment tribunal.
Teesside Law Clinic students looked at the issues raised to see if assistance
could be offered to those ex-employees, who were not members of a recognised
trade union. We met with a number of those steelworkers affected by the closure
to discuss their options and clarify some points of law.'''
The Law Clinic was commended by the Attorney General in 2015 for its work on a
legal challenge on behalf of a client to the Criminal Injuries Compensation
Scheme in a bid to secure fair payouts for historic abuse victims. Since its
launch in 2012, Teesside Law Clinic has dealt with over 1,000 enquires including
referrals from solicitors, the courts, the Citizens’ Advice Bureau and MPs. The
team has, also, recovered or saved in excess of one and a half million pounds
for clients.The Northern Law Awards 2017 will be held in Newcastle on Thursday,
June 01.
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Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Bangladesh: Halt the Imminent Executions of the Three Men Who Tried to Kill
the UK Ambassador: Amnesty International
 
|| March 26: 2017: Amnesty International News
|| ά.
Bangladesh must halt the imminent executions of
three men sentenced to death for a grenade
attack on the UK Ambassador, Amnesty
International said. Prison authorities in
Bangladesh today confirmed that the executions
of Mufti Abdul Hannan, Sharif Shahedul Alam
Bipul and Delwar Hossain Ripon, all alleged
members of the banned armed group
Harkat-ul-Jihad, would be carried out soon. They
were all convicted of and sentenced to death
over an attack in 2004 which injured the then-UK
High Commissioner, Anwar Choudhury, and killed
three people.
“These executions must be stopped immediately.
While those found responsible for crimes after
fair trials should be punished, the death
penalty is never the solution. It’s dismaying
that the Bangladeshi authorities are looking to
take more lives in the name of fighting
‘terrorism’.” said Olof Blomqvist, Amnesty
International’s Bangladesh researcher. “The
death penalty is always a human rights violation
and is in no way a more effective way to tackle
crime than life imprisonment. Sending these men
to the gallows will not make Bangladesh safer,
it will only add to the death toll.”
On March 19, 2017, the Bangladeshi Supreme Court
rejected the three men’s final appeals. Their
only remaining option is now to seek a
presidential pardon to stop the executions.
Bangladesh is among the minority of states
globally that still implements the death
penalty. In 2015, four people were executed in
the country, while almost 200 people were
sentenced to death.
“We urge President Abdul Hamid to pardon these
three men and spare their lives. Bangladesh
should, also, immediately impose a moratorium on
executions with a view to full abolition of the
death penalty. More and more countries around
the world are coming around to the fact that
taking lives neither deters crime nor is an
effective mean to deliver justice.” said Olof
Blomqvist.
Amnesty International opposes the death penalty
in all cases without exception, regardless of
the nature or circumstances of the crime; guilt,
innocence or other characteristics of the
individual; or the method used by the state to
carry out the executions.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Who are Attending the International Commercial
Arbitration Moot Court Competition 2017 in Vienna Austria: April 06-13

Image: Bahir Dar University
|| March 13: 2017: Bahir Dar University Ethiopia News
|| ά.
Bahir Dar University:BDU Ethiopia is to
participate in the International Commercial Arbitration Moot Court Competition
2017, taking place on April 06-13. BDU LLM students of Business and Corporate
Law, School of Law are to represent the university in the 24th William C. Vis
International Commercial Arbitration Moot Court Competition in Vienna, Austria.
The Team will be represented
by Ayene Mengesha Sisay, who is, also, an academic staff at the law school and
Zena Abera Tesema. The William C. Vis International Commercial Arbitration Moot
Court Competition is one of the most prestigious International Commercial
Arbitration Moot Competition whereby more than 340 universities around the world
will take part in this year only.
BDU and Cairo University are
the only representatives from Africa in the competition. Such a global contest
is the first for both BDU and Ethiopian universities in general. In the first
phase, BDU’s LLM students have submitted written memorials both as an applicant
and respondent, and it is after a very competitive screening of memorials
submitted by different universities that our team has advance to the oral round.
Before participating in the
oral litigation at Vienna, Austria in from April the BDU representatives will
participate in the pre-moot event, organised at Heidelberg University, Germany,
from March 31–April 05.
In the preliminary round of
the oral litigation, BDU representatives will be facing the representatives of
Universidad de Brazilia, Erasmus University, the Netherlands, New York
University, USA and ILS Law College, Pune, India.
This academic engagement of
BDU, through global ties and academic partnerships, is part of its vision of
joining hands with institutions, working towards internationalisation of higher
education and the assurance of its quality.
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Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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It Appears UP is on the Up Again in South Africa So That
Now They are Heading to Washington DC in April

Image: University of Pretoria
|| March 11: 2017: University of Pretoria South
Africa News:
Gift Kgomosotho Writing
|| ά.
The University of Pretoria Faculty of Law proudly announces
that its TuksLaw team has beaten the team from the University of the Witwatersrand in
the final round of the South African leg of the 58th Philip C Jessup
International Law Moot Court Competition. The national rounds were hosted at the
offices of White and Case LLP International Law Firm in Johannesburg on
Saturday, February 25.
As a result, the University of Pretoria:UP team will represent South Africa at
the international rounds of the competition in April 2017 on Capitol Hill in
Washington DC. The Jessup Competition is the largest and most prestigious moot
court competition in the world.
The UP team consisted of Mary-Ann Gettliffe, LLM student, Ashley Makgatho, second-year LLB student and Tinotenda Kakora, final-year LLB student.
Obviously, the team members needed a coach, who happens to be Gift Kgomosotho, an LLM student and researcher at the Institute for International and
Comparative Law in Africa, ICLA.
Professors Dire Tladi, Frans Viljoen, Christof Heyns and Wisiting Professor
Stuart Maslen, ICLA served as judges in the internal practice rounds before
this qualifying round of the competition.
The team has won all the available categories, best memorials, best oralist, Gettliffe
and best overall team.
As the team prepares for Washington, there will be further opportunities for
staff and students to assist by acting as guest judges in the internal practice
rounds. The 2017 compromis deals with environmental law, the sharing of natural
resources and the equitable use thereof, cultural property and state
responsibility.
Coach Gift Kgomosotho said upon the team's return to campus, ''I am very proud of
Mary-Ann and Ashley. They have worked very hard for this. I admired the growth
they showed between their try-outs and when they argued in court. Ashley was
only a first-year when I selected him to be on the team; I saw raw potential
that would turn into something great.
While I had previously worked with
Mary-Ann in 2015, I have seen her improve greatly this time around. Our
researcher and assistant coach, Tinotenda, whom I have worked with closely for
the past two years, has been instrumental here. She continues to impress with
her skill of juggling Jessup with all her other responsibilities. Coaching this
team has been a great pleasure because of the participants' sheer commitment to
the process.
We are very happy with what we have achieved and we realise that we
shall have to do much more in preparation for the international rounds. Many
thanks to everyone who acted as guest judges in our practice rounds. Most
importantly, many thanks to Professor Heyns and Dean Boraine who made this
possible.''
Kakora said that competing in the Jessup is no an easy feat. ''Having participated
in the competition in 2016 I can appreciate the intensity and dedication it
takes to win. However, the 2017 team more than rose to the occasion. The team
sacrificed their holidays and free time during the semester and in addition to
this, had to juggle schoolwork and other extra-curricular activities. Despite
these challenges they performed extremely well.
''Being a master's student, an academic associate and working as a tutor
off-campus, Mary-Ann's work ethic is nothing short of inspirational and her
award for best oralist was certainly well deserved. I am also very proud of
Ashley, who as a mere first-year law student, was able to not only grasp the
complex concepts of international law, a module taught only at third-year
level, but also to form cogent legal arguments and present them orally and in
written form in front a of a panel of highly experienced and intimidating
judges.
''I am very humbled to have worked with Gift Kgomosotho who, being a seasoned
mooter himself, was able to coach and groom the team to a winning standard in a
limited amount of time. I have learned a great deal from him and hope to use
this knowledge should I coach a team one day. The team's performance at the
South African qualifying round was excellent and I am excited to see how they
perform internationally.''
The Faculty says that it is very proud of its team's accomplishments and wishes
the best for them as they prepare to head to Washington DC.
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Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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UN Should Investigate Hate Speech Laws: ADF
International

Image: ADF International
|| March 10: 2017 || ά.
On Friday, March 10, ADF International expressed its views regarding the
current UN Report on the Freedom of Religion or Belief during the General Debate
at the 34th Session of the Human Rights Council. The report failed to expose
existing violations of the freedom of religion or belief, conscience and
expression in the US, Australia and Europe.
“We see a massive curtailing of fundamental liberties
in the West. While religious oppression may be fiercer in other regions of the
world, we must not turn a blind eye to the developments in the US, Europe or
Australia. Many have been pushed out of the public square because they refuse to
abandon deeply-held convictions. An aggressive secular liberal polity, which
claims to be objective and ideologically neutral, pushes people to choose
between their religion and their profession.” said Rubén Navarro, Senior UN
Counsel for ADF International.
“We have seen many cases of bakers, florists, photographers
or venue providers, who have simply exercised their right to religious freedom.
They have refused facilitating or promoting such concepts as same-sex unions or
other ideas that stand in stark contrast to their faith. International law
guarantees equal protection to all people.
It prohibits discrimination on race, colour, sex, language,
religion, political or other opinion. The UN should not simply accept that
citizens lose their jobs, be slandered or even sent off to jail, because they
refuse to violate their religious beliefs.” ‘Hate speech’ laws are another cause
for concern. The report did not properly address these either, despite the
growing tendency in the West to use legislation to curb free speech and silence
debate.
In his Oral Statement Navarro mentioned the example of the
Australian Archbishop of Hobart. He was summoned by a state tribunal, where he
had to justify the distribution of a booklet on Catholic teaching on marriage at
one of his diocese´s Catholic schools.
“We believe that a free and democratic society is based on a culture of debate
and exchange of ideas. Prosecuting clerics or people of faith because they
publicly speak about traditional religious doctrine on marriage, family and
sexuality, opposes this democratic culture. It also violates their fundamental
rights. We urge the UN and especially the Special Rapporteur on Freedom of
Religion or Belief to investigate and report on these issues in greater detail
in the future.” said Rubén Navarro.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Mental Anguish Adds Weight to Argument for Ending
Capital Punishment: Zeid Ra'ad Al Hussein
 
|| March 02: 2017 || ά.
UN High Commissioner for Human Rights Mr Zeid Ra'ad Al Hussein
today reiterated his call to abolish the death
penalty as it raises serious issues in relation to the dignity and rights of all
human beings, including the right to life and the right not to be subjected to
torture or to cruel, inhuman or degrading treatment. “International and national
bodies have determined that several methods of execution are likely to violate
the prohibition of torture, because of the pain and suffering they are likely to
inflict on the convicted person.” said Mr Zeid Ra'ad Al Hussein, at the opening
of the biennial high-level panel discussion on the death penalty, which was
organised as part of the Human Rights Council’s current session.
“Studies of the severe pain and suffering caused by other methods has continued
to extend this list, to the point where it has become increasingly difficult for
a State to impose the death penalty without violating international human rights
law.” he stated. He added that the long and highly stressful period that most
individuals endure while waiting on ‘death row’ for years, or even decades and
frequently in isolation, for an uncertain outcome, has also been referenced as
constituting torture or cruel, inhuman or degrading treatment. This 'death row
phenomenon' has been recognised by the UN Human Rights Committee and other
bodies at the international, regional and domestic levels, as well as by the
California Supreme Court.
When the authorities fail to give adequate information about the timing of
executions, they keep not only the convicted person but also his children and
other family members in permanent anticipation of imminent death, he explained.
''The severe mental and physical suffering which
are inflicted by capital punishment on the person concerned and family members
should now be added to the weight of the argument.” Mr. Zeid said, explaining
that this is another reason why the death penalty should be abolished, besides
its capricious and often discriminatory application and its failure to
demonstrate any deterrent effect beyond that of other punishments.
Mr A Hussein recalled that a former Special Rapporteur has recommended that the
Human Rights Council request a comprehensive legal study regarding the emergence
of a customary norm according to which the death penalty constitutes torture or
other cruel, inhuman or degrading treatment or punishment.
It has been 10 years since the General Assembly resolution of December 2007
which urged States to adopt a moratorium on the use of the death penalty, with a
view towards its full abolition. Over this decade, the global trend against
capital punishment has become increasingly strong, with almost three out of four
countries now having either abolished it or stopped practicing it.
However, the overall number of executions in States that continue to resort to
the death penalty has increased in the last two years, and some States in which
a moratorium had been in place for many years have recently resumed executions.
“I take this opportunity, once again to urge all States to end use of the death
penalty.” Mr. Zeid said.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Slovakia: Unlawful Ethnic
Segregation in Schools is Failing Romani Children

Image: Amnesty International
|| March 01: 2017: Amnesty International News || ά.
Romani
children in Slovakia are being failed by a discriminatory primary school system
which continues to segregate them and seriously hinder their education,
condemning them to lives of poverty and exclusion, Amnesty International and the
European Roma Rights Centre:ERRC said in a new report published today. A Lesson
in Discrimination: Segregation of Romani children in Primary Education in
Slovakia shows that limited reforms and even the threat of fines from the
European Union for breaching EU law, have done little to end the routine
practice of placing Romani children in separate classrooms or schools.
Romani
children are also routinely being assessed as having 'mild mental disabilities'
and sent to special schools where the quality of education is inferior. “Almost
two years after the European Commission launched infringement proceedings
against Slovakia for discrimination and segregation in education, Romani
children remain trapped in a vicious cycle of poverty, marginalization and
despair.” said ERRC President Ðorđe Jovanović. “Slovakia’s abject failure to
address deeply ingrained prejudices within the education system is blighting the
future of generations of Romani children from the moment they step into the
classroom.”
The report, which focused on four locations in eastern Slovakia, reveals that
Romani children are being placed in segregated Roma-only schools or classes, or
special schools and classes for children with 'mental disabilities', which have
reduced curriculums and limited career opportunities. Another contributing
factor to segregation is the fact that non-Roma parents often remove their
children from schools when they feel there are 'too many Romani pupils'. Slovak
authorities have no effective plans or policies in place to tackle this
phenomenon, known as 'white flight'.
Segregation often begins even before primary school, with Romani children
routinely being assessed as not ready for primary education and placed in
preparatory 'zero grade' classes instead. The education that Romani pupils
receive at special schools and in segregated classes is of such poor quality
that very few are equipped to continue their schooling beyond the age of 16. The
small number that do, have few options other than vocational schools, hugely
reducing their future employment options.
In one of the locations investigated, Romani boys who had enrolled at a private
secondary vocational school run by a nearby manufacturing company described how
they spend most of their time putting together electric plugs which the company
then sells. Girls at the school are offered 'Practical Woman':Praktická Žena
lessons, part of a nationwide programme in which Romani girls are taught to
become 'good housewives' with lessons in cooking and housework.
Deep-seated prejudices and low expectations of Romani children among the
teaching staff further hinder their educational opportunities. One teacher
called the school she worked in 'a little zoo'. Another said that Roma
'procreate among themselves. Incest happens very often' before going on to
describe her pupils’ 'unrealistic' dreams:
“All of them want to be teachers or doctors…it’s a huge difference between what
they fancy to be and how they end up eventually. Although the older ones,
especially boys, are more realistic and end up being bricklayers, for example.”
The report found a deeply disturbing pattern of cultural bias among those
responsible for assigning placements to special schools, resulting in the
misdiagnosis of dozens of Romani children. In one of the locations researchers
visited, around a third of Romani children had been diagnosed with a 'mild
mental disability'.
One Romani mother interviewed described her shock when her son, who was judged
by a psychologist to be 'very clever', was placed in a special school without
explanation. Parents described how children at special schools are often not
allowed to bring textbooks home and are routinely not given any homework. Many
Romani children speak Slovak only as a second language, severely curtailing
their opportunities to participate in wider Slovak-speaking society.
Several parents said that children were often instructed to draw and paint
during Slovak language classes, and the father of one 17-year-old boy told us
that when he finished at the special school he was still unable to read, write
or speak Slovak. Amnesty International and the ERRC are urging the European
Commission to push Slovakia to bring its policies in line with EU law on race
discrimination, by issuing a ‘reasoned opinion’ against Slovakia, which is the
final step before taking them to court.
“The segregation of Romani children is not only disturbing, it is unlawful. It
is this, and not the hefty EU fines that will otherwise surely come their way,
that should be motivating the Slovak authorities to put a stop to it.”
Background: In April 2015 the European Commission initiated infringement
proceedings against Slovakia for an alleged breach of EU anti-discrimination
legislation, which are ongoing. If it fails to comply with EU law on this issue
Slovakia could be subjected to severe financial penalties.
ω.
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Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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OHCHR Disappointed
with the Thai Government’s Refusal to Criminalise Enforced Disappearance

Image: UN Photo
|| February 28: 2017 || ά.
The United Nations Office of the High Commissioner for Human
Rights:OHCHR
today urged the Government of Thailand to
criminalise enforced or voluntary disappearance and torture. The announcement
follows news last week that Thailand's National Legislative Assembly, the
military-appointed parliament, decided not to enact a bill that would have done
just that.
“The Assembly’s decision to reject the bill is very concerning, given the
continued allegations of torture and disappearances in Thailand and it is deeply
worrying that such actions may now continue without any legal redress.” Ravina
Shamdasani told journalists in Geneva. Ms. Shamdasani, the spokesperson for the
UN Office of the High Commissioner for Human Rights:OHCHR, characterised the
decision to not enact the bill as 'a devastating blow' to the families of those
who have disappeared.
Since 1980, the UN Working Group on Enforced or Voluntary Disappearances
recorded 82 cases of enforced disappearances in the country. Those include the
disappearances of respected lawyer Somchai Neelapaijit in 2004 and Karen human
rights activist Pholachi 'Billy' Rakchongcharoen in 2014.
Speaking to the press, Ms. Shamdasani also raised concern about the increasing
number of criminal cases brought against human rights defenders in Thailand for
reporting allegations of torture and ill-treatment.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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New Legal Innovation Centre at Ulster University

Andrew Brammer, Allen and Overy Belfast; Ulster University
Vice-Chancellor, Professor Paddy Nixon;
Executive Director of Baker McKenzie Belfast, Jason Marty and Professor Jonathan
Askin,
Brooklyn Law School. Image: Ulster University
|| February 22: 2017: Ulster University:
Northern Ireland: United Kingdom
News || ά.
Ulster University today launched a new
Legal Innovation Centre, which will be at the forefront of advancing the use of
technology-driven innovation in legal services and legal education globally. The
Centre, a collaboration between the School of Law and the School of Computing
and Intelligent Systems, is the first of its kind in the UK. It has been
established with support from leading global law firms Allen and Overy and Baker
McKenzie, both of which have established bases in Belfast in recent years. The
Centre has also received sponsorship from Invest Northern Ireland.
Speaking at the launch, Ulster University’s Vice-Chancellor, Professor Paddy
Nixon, said, “There is a growing recognition of the crucial and ever-expanding
role of technology in law. The Centre will undertake much-needed research on
technological innovations to facilitate legal process improvement, and so
promote greater economic efficiency and improved access to justice. The Centre
will also enable those interested in LawTech, whether legal professionals, law
students or others, to study the technological transformation of legal practice,
and the implications of this change. In this way it will foster the emergence of
legal technologists, ready for the challenges of legal service provision in the
information age.
The legal sector is immensely important to our economy and in recent years
Northern Ireland has attracted significant investment from several global law
firms which has created a hub of legal expertise with a focus on innovation.
This new Centre will underpin the strength of our legal sector and further
enhance Ulster University’s global reputation for law and computer science
research excellence.”
Commenting on the Legal Innovation Centre, Jane Townsend, Partner and Head of A
and O’s Legal Services Centre in Belfast, said, “Legal service is a
knowledge-led business and technology is pivotal to everything we do. Across our
firm, we seek to continually improve and enhance our systems and the way we do
things. This collaboration gives us the opportunity to work towards these and
other goals while deepening our strong relationship with Ulster University.
We’ve been greatly impressed by the high calibre of the Legal Innovation Centre
and its strategy for accelerating innovation and technology in the legal
sector.”
Jason Marty, Executive Director of Baker McKenzie Belfast, said, “Terrific
education at all levels was a deciding factor for us in choosing to locate in
Belfast. This new centre extends that strength and directly connects to the
opportunities and challenges facing the law and the legal industry. We expect
our partnership with the center to provide tangible impacts in how we build our
teams, technologies, and business. We also look forward to contributing to the
good work of the center on issues with direct benefit to the people and legal
system of Northern Ireland and beyond.”
The Centre will be led by three Ulster University academics: Professor Eugene
McNamee, Law, Professor Kevin Curran, Computer Science and Centre Director, Dr
Catrina Denvir. The Centre will give students and lawyers the opportunity to
familiarise themselves with different types of legal technology software
provided by the University’s academic partners, Clio and Caselines.
Clio is the world’s leading cloud-based law practice management platform and
Caselines is the market-leading service for the preparation of legal bundles and
electronic presentation in the court room.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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In a Period of Profound Uncertainty: The Time to Stand
up for Human Rights is Now: OHCHR

OHCHR human rights officers speaking with a member of the
Chepang indigenous community in Nepal. Image: OHCHR:Robert Few
|| February 15: 2017 || ά. Urging
action for greater freedoms, stronger respect and more compassion, OHCHR today
launched a $253 million appeal, its largest to date, to bolster its 2017 work
programme to protect and advance the rights of people around the world. “In
numerous countries, even the rules are under attack, xenophobia and calls for
racial and religious discrimination have entered mainstream discourse and every
day, seemingly, are more widespread and more deeply rooted.” said Zeid Ra'ad Al
Hussein, the UN High Commissioner for Human Rights, in a news release issued by
his office, OHCHR announcing the appeal.
“More and more people are suddenly realising we can no longer afford to be
complacent about human rights and that the erosion of other people's human
rights will sooner or later lead to the erosion of our own.” According to OHCHR,
the extra-budgetary funds will augment its work in providing in-country
assistance, supporting UN independent rights experts and the Human Rights
Council, as well as contribute to a number of trust funds on issues such as
torture, rights of indigenous peoples and contemporary forms of slavery. Erosion
of other people's human rights will sooner or later lead to the erosion of our
own.
“Through human rights advocacy, advice on laws and constitutions, training of
State authorities as well as of non-governmental organisations, fact-finding and
hard-hitting investigations that lay the groundwork for accountability and
amplify the voices of victims of human rights violations, through these and
other means, OHCHR helps in the push for better human rights protections for
all.” said High Commissioner Zeid.
The Office has some 60 field presences in different locations around the globe.
These include country, regional and stand-alone offices, human rights advisers,
and human rights components of UN missions. However, it struggles with 'dramatic
and chronic' underfunding.
“More than ever, we need strong partners to stand with us …We need to broaden
our financial support base to include more Member States and encourage
participation from a much broader range of private donors.” said Mr. Zeid,
calling for their support to help prevent human rights crisis from escalating as
well as contributing to the implementation of the 2030 Agenda for Sustainable
Development.
“We can advocate a broad, open democratic space and impartial rule of law
institutions in every country …we can push back against the current assaults on
values and act swiftly to uphold the human rights laws and principles we fought
so hard to build.” he highlighted, adding: “The time to stand up for human
rights is now. We are counting on your support.”
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Here's a Splendid Idea: To Sharpen One
to Do Double Good: Experimental Family Law Incubator at University of Calgary to
Prepare Students Better While Extending Legal Services to Those Who Cannot
Access It Otherwise

Image: University of Calgary
|| February 13: 2017: University of
Calgary Canada News: Ali
Abel Writing || ά.
Are you one of the 60 per cent of
self-represented litigants who are in family court and cannot access or afford
legal advice or representation? The Family Law Incubator Project at the
University of Calgary Faculty of Law represents another step in its commitment
to experiential learning and preparing lawyers of the future, while increasing
access to justice.
The project will involve graduates serving a two-year term, during which they
will complete their Articles and their first year as a practicing lawyer. In
addition to the professional legal training articling students will receive,
they will be given formal instruction in areas such as business planning, legal
project management, marketing, and human resources, so that they are truly
prepared in the practice of law.
Incubator combines hands-on learning with technology-based approach to practice.
“We feel that graduates who work in the Family Law Incubator will receive a
better level of training than traditional Articles,” says Ian Holloway, dean of
the law school. “We will give them intense hands-on learning opportunities,
while increasing the number of family law practitioners in the city.”
The incubator will also embrace, from the outset, a technology-based, paperless
office approach to practice. “The way law offices run is changing. We need to
help students and graduates be prepared for the legal marketplace of the future,
not the one my counterparts and I joined many years ago,” says Holloway.
The law school has hired Kyla Sandwith to run the incubator as Executive
Director. Sandwith is a lawyer and legal operations and management consultant
with a master's in law firm management. She is a pragmatic innovator committed
to helping new lawyers thrive in the changing legal market.
“Through this project the Faculty of Law is addressing an unmet need in legal
education, and I am proud to be a part of this endeavour. The next generation of
lawyers will need more than an education in the profession of law, they will
need to understand the business of law in order to keep pace with the changing
market and effectively meet the needs of clients.” says Sandwith.
The Family Law Incubator will operate out of the University of Calgary’s
Downtown Campus and is expected to open early in the second quarter of 2017.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Russia: Court Offers Chink of Light in the Case
Brought by Jailed Protester Ildar Dadin
|| February
10: 2017:
Amnesty International News || ά.
''This morning’s Constitutional Court ruling in
Saint Petersburg, scaling back Russia’s draconian rules on public protest offers
a rare glimmer of hope for the right to peaceful assembly.'' Amnesty
International said. In the case brought by Ildar Dadin, a prisoner of
conscience, who is the first and so far only person thrown behind bars because
of the law, the Court stated clearly that criminal liability of protesters
should be based on harm caused or the threat of such harm, rather than the mere
fact of holding an ‘unauthorised’ peaceful gathering.
“This ruling represents a chink of light in an otherwise bleak outlook for the
right to peaceful assembly in Russia. It sends a strong message to the
authorities who have used this draconian legislation to persecute peaceful
protesters like Ildar Dadin.” said Denis Krivosheev, Deputy Director for Europe
and Central Asia at Amnesty International. The Court also required a review of
Ildar Dadin’s case. Amnesty International considers him to be a prisoner of
conscience, detained solely for the peaceful exercise of his rights. The
authorities must promptly conduct the review to ensure he is immediately and
unconditionally released.
“While this is a step in the right direction, Russia’s anti-protest laws remain
chillingly harsh. We reiterate our call on the authorities to immediately and
unconditionally release Dadin and to ensure that nobody else is prosecuted
solely for holding a peaceful protest.” said Denis Krivosheev.
Ildar Dadin’s legal challenge questioned the constitutionality of Article 212.1
of Russia’s Criminal Code. The Article was introduced in July 2014 to
criminalise the repeated violation, more than three times within 180 days, of
Russia’s unduly restrictive rules governing public assemblies. This 'crime' is
punishable by up to five years’ imprisonment.
A Moscow court applied the rule to sentence Ildar Dadin to three years’
imprisonment on December 07, 2015, reduced to two and a half years on appeal.
The Constitutional Court did not find the article to be unconstitutional but
ruled that criminal punishment for these violations must be proportionate to the
actual public danger caused by an offense. Furthermore, courts are now required
to prove a person’s criminal intent to commit such violations.
The Court called on Russian lawmakers to adjust the Criminal Code accordingly.
Ildar Dadin’s first 'violation' was for peacefully protesting, as a lone
picketer, against the conviction of peaceful activists from Bolotnaya
demonstration of May 06, 2012 in Moscow, for which he was detained and fined. He
has since been either fined or detained on three more occasions for similar
'offences'.
On November 01, 2016, in a letter to his wife, published on a news site, Ildar
Dadin described the torture and other ill-treatment he was subjected to,
including severe beatings and rape threats, in Segezha prison colony, Republic
of Karelia, around 1,200 km north of Moscow. Since then, Ildar Dadin was moved
to another prison colony in Southern Siberia, thousands of kilometres away from
his home and family. This appears to be intended as a form of harassment for his
complaints about torture and other ill-treatment.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Syria: Secret Campaign of Mass
Hangings and Extermination at Saydnaya Prison: Those Responsible for These
Heinous Crimes Must Be Brought to Justice
|| February 07: 2017:
Amnesty International News || ά.
A chilling new report by Amnesty International
exposes the Syrian government’s calculated campaign of extrajudicial executions
by mass hangings at Saydnaya Prison. Between 2011 and 2015, every week and often
twice a week, groups of up to 50 people were taken out of their prison cells and
hanged to death. In five years, as many as 13,000 people, most of them civilians
believed to be opposed to the government, were hanged in secret at Saydnaya.
Human slaughterhouse: Mass hangings and extermination at Saydnaya prison, Syria
also shows that the government is deliberately inflicting inhuman conditions on
detainees at Saydnaya Prison through repeated torture and the systematic
deprivation of food, water, medicine and medical care. The report documents how
these extermination policies have killed massive numbers of detainees.
These practices, which amount to war crimes and crimes against humanity, are
authorised at the highest levels of the Syrian government. “The horrors depicted
in this report reveal a hidden, monstrous campaign, authorized at the highest
levels of the Syrian government, aimed at crushing any form of dissent within
the Syrian population.” said Lynn Maalouf, Deputy Director for Research at
Amnesty International’s regional office in Beirut. “We demand that the Syrian
authorities immediately cease extrajudicial executions and torture and inhuman
treatment at Saydnaya Prison and in all other government prisons across Syria.
Russia and Iran, the government’s closest allies, must press for an end to these
murderous detention policies.
The upcoming Syria peace talks in Geneva cannot ignore these findings. Ending
these atrocities in Syrian government prisons must be put on the agenda. The UN
must immediately carry out an independent investigation into the crimes being
committed at Saydnaya and demand access for independent monitors to all places
of detention.” The report reveals a routine of mass extrajudicial executions by
hanging inside Saydnaya prison that was in place between 2011 and 2015. Every
week, and often twice a week, victims were hanged in groups of up to 50 people,
in the middle of the night and in total secrecy. There are strong reasons to
believe that this routine is still ongoing today. Large numbers of detainees
have also been killed as a result of the authorities’ extermination policies,
which include repeated torture and the systematic deprivation of food, water,
medicine and medical care.
In addition, detainees at
Saydnaya Prison are forced to obey a set of sadistic and dehumanizing rules. The
findings of the report are based on an intensive investigation, which was
carried out over the course of one year, from December 2015 to December 2016. It
involved first-hand interviews with 84 witnesses that included former Saydnaya
guards and officials, detainees, judges and lawyers, as well as national and
international experts on detention in Syria. A previous report published in
August 2016, for which Amnesty International partnered with a team of
specialists at Forensic Architecture, University of Goldsmiths to create a
virtual 3D reconstruction of Saydnaya prison, estimated that more than 17,000
people have died in prisons across Syria as a result of the inhuman conditions
and torture since the Syrian crisis began in 2011. This figure does not include
the estimated 13,000 additional deaths as a result of the extrajudicial
executions exposed in this report.
Not one of the detainees
condemned to hang at Saydnaya Prison is given anything that resembles an actual
trial. Before they are hanged, victims undergo a perfunctory, one or two-minute
procedure at a so-called Military Field Court. These proceedings are so summary
and arbitrary that they cannot be considered to constitute a judicial process.
Testimonies from former government officials, guards, judges and detainees
helped Amnesty International shape a detailed picture of the farcical procedures
that lead up to the hangings.
One former judge from a Syrian military court told Amnesty International the
'court' operates outside the rules of the Syrian legal system. “The judge will
ask the name of the detainee and whether he committed the crime. Whether the
answer is yes or no, he will be convicted… This court has no relation with the
rule of law. This is not a court.” he said. The convictions issued by this
so-called court are based on false confessions extracted from detainees under
torture. Detainees are not allowed access to a lawyer or given an opportunity to
defend themselves – most have been subjected to enforced disappearance, held in
secret and cut off from the outside world. Those who are condemned to death do
not find out about their sentences until minutes before they are hanged.
Hangings at Saydnaya are
carried out once or twice a week, usually on Monday and Wednesday, in the middle
of the night. Those whose names are called out were told they would be
transferred to civilian prisons in Syria. Instead, they are moved to a cell in
the basement of the prison and beaten severely. They are then transported to
another prison building on the grounds of Saydnaya, where they are hanged.
Throughout this process, they remain blindfolded. They do not know when or how
they will die until the noose was placed around their necks.
“They kept them hanging there for 10 to 15 minutes. Some didn’t die because they
are light. For the young ones, their weight wouldn’t kill them. The officers’
assistants would pull them down and break their necks.” said a former judge who
witnessed the hangings. Detainees held in the building in the floors above the
“execution room” reported that they sometimes heard the sounds of these
hangings. If you put your ears on the floor, you could hear the sound of a kind
of gurgling. This would last around 10 minutes… We were sleeping on top of the
sound of people choking to death. This was normal for me then.” said 'Hamid', a
former military officer arrested in 2011.
As many as 50 people can be
hanged in one night. Their bodies are taken away by the truckload to be secretly
buried in mass graves. Their families are given no information about their fate.
Survivors of Saydnaya also provided spine-chilling and shocking testimonies
about life inside the prison. They evoke a world carefully designed to
humiliate, degrade, sicken, starve and ultimately kill those trapped inside.
These harrowing accounts have led Amnesty International to conclude that the
suffering and appalling conditions at Saydnaya have been deliberately inflicted
on detainees as a policy of extermination. Many of the prisoners said they were
raped or in some cases forced to rape other prisoners. Torture and beatings are
used as a regular form of punishment and degradation, often leading to life-long
damage, disability or even death. The cell floors are covered with blood and
puss from prisoners’ wounds. The bodies of dead detainees are collected by the
prison guards each morning, around 9am.
“Every day there would be two or three dead people in our wing… I remember the
guard would ask how many we had. He would say, ‘Room number one – how many? Room
number two – how many?’ and on and on... There was one time that… the guards
came to us, room by room, and beat us on the head, chest and neck. Thirteen
people from our wing died that day.” said “Nader”, a former Saydnaya detainee.
Food and water are regularly cut off. When food is delivered, it is often
scattered over the cell floors by the guards, where it mixes with blood and
dirt. The very few who leave Saydnaya often do so weighing half the body weight
they had when they arrived. Saydnaya also has its own set of “special rules”.
Prisoners are not allowed to make any sounds, speak or even whisper. They are
forced to assume certain positions when the guards come into the cells and
merely looking at the guards is punishable by death.
The international community, notably the UN Security Council, must take
immediate and urgent action, to put an end to this suffering. “A firm decision
must be made by the UN Security Council. It cannot turn a blind eye to these
horrible crimes and must pass a resolution demanding that the Syrian government
opens up its prisons for international monitors. The UN Human Rights Council
must immediately demand an independent investigation into these grave violations
of international law.” said Lynn Maalouf.
“The cold blooded killing of thousands of defenceless prisoners, along with the
carefully crafted and systematic programmes of psychological and physical
torture that are in place inside Saydnaya Prison cannot be allowed to continue.
Those responsible for these heinous crimes must be brought to justice.” ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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UN Rapporteur Deeply Concerned About Reprisals Against
Those She Met on Her Official Visit to Myanmar

Special Rapporteur on the human rights situation in Myanmar
Yanghee Lee. Image: UN Photo:Jean-Marc Ferré
|| January 24: 2017 || ά.
A United Nations expert warned today about possible reprisals against the people
she met during her recent visit to the country, noting that she was particularly
struck by the fear of some she spoke to 'who were afraid of what would happen to
them after talking to me'. “There is one word that has hung heavily on my mind
during this visit, reprisals.” the UN Special Rapporteur on the situation of
human rights in Myanmar, Yanghee Lee, said in a press statement wrapping up her
January 09-21 mission to the country.
She said that she was deeply concerned about those with whom she had met and
spoken, 'those critical of the Government, those defending and advocating for
the rights of others, and those who expressed their thoughts and opinions, which
did not conform to the narrative of those in the position of power'. Moreover,
she noted the increasing use of section 66:d of the Telecommunications Law
against many, 'merely for speaking their minds'. “It is particularly alarming to
learn that the security forces’ counter operations in the villages of Maungdaw
north in Rakhine state have reportedly been resumed following a brief lull, with
raids conducted in several villages including nearby the villages I visited.”
Ms. Lee stressed.
There are further allegations of arbitrary arrests and detention in relation to
these latest reported raids. The expert was especially dismayed to note that
during the visit, feelings of optimism and hope had appeared to be fading among
the country’s ordinary people, just one year after nationwide elation over the
last general elections.
The Special Rapporteur regretted that due to security reasons, she was only
allowed to go to Myitkyina, and not Laiza and Hpakant in Kachin, stating that
the situation 'at the northern borders is deteriorating'.
“Those in Kachin state tell me that the situation is now worse than at any point
in the past few years. Whilst I was not able to travel to the areas most
severely affected, the situation is now such that even in Myitkyina, the capital
of the state and home to over 300,000 people, residents are afraid and now stay
home after dark.” the UN expert explained.
In visiting a hard labour camp in Mon state, Ms. Lee was concerned over
prisoners’ living conditions, pointing to the use of shackles as a form of
additional punishment and the lack of transparency regarding their transfer to
the hard labour camp. Without an individual complaint system in prisons she was
'struck by the fear of those prisoners who were afraid of what would happen to
them after speaking to me'.
A report from the visit will be presented in March to the UN Human Rights
Council, the largest body of independent experts in the UN Human Rights system.
Ms. Lee’s position is honorary and she does not receive a salary for her work.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Zeid Ra’ad Al Hussein Urges
for a Probe Into Askarov Case
Despite Kyrgyz Decision to Uphold
Life Sentence

A Penitentiary
facility in Jalal-Abad, Kyrgyz
Republic. Image: Alessandro
Scotti:UNODC
|| January 24: 2017 || ά.
The
UN High Commissioner for Human
Rights Zeid Ra’ad Al Hussein
today voiced deep concern about a decision by a Kyrgyz court to uphold a
life sentence against human rights
defender Azimjan Askarov, saying it
highlights 'serious shortcomings' in
the country’s judicial system. “The
decision by the national court
clearly had not taken into account
the views of the UN Human Rights
Committee which had found in March
2016 that Askarov had been
arbitrarily detained, held in
inhumane conditions, tortured and
prevented from adequately preparing
his defence.”Mr Zeid Ra’ad Al
Hussein said in a statement.
“Despite the repeated commitment of
the Kyrgyz authorities to uphold
international fair trial standards
and to resolutely investigate
torture allegations, this trial
vividly displayed the deficiencies
in the country’s judicial and law
enforcement system.” the High
Commissioner added. Reading the
statement to reporters in Geneva,
spokesperson for the High
Commissioner’s Office:OHCHR Ravina
Shamdasani noted that the hearing
allegedly relied on the same witness
testimonies as in the first trial,
and that the court-appointed
interpreter for Mr. Askarov was
repeatedly absent.
Ms. Shamdasani reiterated OHCHR’s
call for Askarov’s conviction and
sentence to be quashed and urged
Kyrgyzstan to conduct 'impartial,
objective and thorough
investigations and judicial
proceedings in order to ensure
justice for all'.
Mr. Askarov was sentenced to life
imprisonment and confiscation of his
private property in November 2010
for the murder of a police officer,
participation and organization of
mass riots and incitement to
inter-ethnic hatred.
His arrest is believed to be related
to his peaceful activities as a
human rights defender, particularly
his documentation of inter-ethnic
violence in the Jalal-Abad region in
June 2010, OHCHR had said at the
time of his original sentencing.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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UN Rapporteur Urges Saudi Arabia to Use Economic Plan
to Bolster Women’s Rights

Special Rapporteur Philip Alston. Image: UN Photo:Loey Felipe
|| January 19: 2017 || ά.
An independent United Nations expert today urged Saudi officials to use their
bold new plan for economic transformation to improve the human rights of women
and the poor. Known as Vision 2030, the plan, which was announced in April 2016,
is meant to reduce Saudi Arabia’s reliance on oil and develop other service
sectors, such as tourism.
“Despite the plethora of
serious human rights issues in Saudi Arabia … Vision 2030 recognises that Saudi
women represent ‘a great asset’ which is currently under-utilised, and the need
to recognise women’s rights points in the same direction.” said the UN Special
Rapporteur on extreme poverty and human rights, Philip Alston, at the end of his
official visit to the country.
He noted that a 2012 decision
allowing women to work in the retail sector 'transformed the lives of millions
of women' who could work outside of the home. He calls for the economic
transformations to lift restrictions on women’s economic and independence. “The
driving ban should be lifted, and women should no longer need authorisation from
male guardians to work or travel.” Mr. Alston said.
During his 12-day visit, Mr. Alston met with ministers and other senior
officials, as well as experts, academics and individuals living in poverty in
the cities of Riyadh, Jeddah and Jizan. “In meetings with me the Government was
severely self-critical of the shortcomings of its current social protection
system and it appears to be making genuine attempts at reforming that system.”
said the UN expert.
The Special Rapporteur described the current social protection system for the
poor as 'a veritable hodgepodge of programmes which is inefficient,
unsustainable, poorly co-ordinated and, above all, unsuccessful in providing
comprehensive social protection to those most in need.”
Independent experts and Special Rapporteurs 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 UN
staff, nor are they paid for their work.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Bahrain: First Executions in More Than Six Years a
Shocking Blow to Human Rights: Amnesty International

A prison cell: Image: UNICEF:Rajat Madhok
|| January 15: 2017:
Amnesty International News || ά.
In response to the execution today of
three men accused of killing three police officers in
Bahrain Amnesty International’s Deputy Director for
Campaigns in Beirut, Samah Hadid said, “This is a dark
day for human rights in Bahrain. These executions, the
first to be carried out since 2010, are a deeply
regressive step for a country whose authorities have
repeatedly trumpeted their commitment to human rights.
“The death penalty is the ultimate cruel, inhuman and
degrading punishment and the fact that this execution
was carried out after an unfair trial and despite claims
from the men that they were tortured in custody makes
this news even more shocking. Instead of stepping up
executions Bahrain’s authorities should establish an
immediate moratorium on executions and work on
abolishing the death penalty once and for all.”
On January 09, Bahrain’s Court of Cassation in Bahrain
upheld death sentences for Ali Abdulshaheed al-Sankis,
Sami Mirza Mshaima and Abbas Jamil Taher Mhammad al-Samea.
It also upheld life sentences against seven others and
the revocation of the nationality of eight of them. All
10 men were convicted following an unfair trial in
relation to the March 2014 killing of three policemen.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Zeid Ra'ad Al Hussein Urges Business Executives
Gathering in Davos to Stand Up for Human Rights

|| January 13: 2017 || ά.
The senior United Nations human rights
official today called on business leaders gathering at the World Economic
Forum's annual meeting in the Swiss town of Davos, taking place next week to use
their considerable influence to stand up for human rights and prevent rights
violations in countries where they operate.
“The hard-won laws and
principles of the Universal Declaration for Human Rights are increasingly
imperilled, and the business leaders gathering in Davos next week have a key
role to play to stem this terrible tide and to insist upon respect for human
rights in the States where they operate.” said UN High Commissioner for Human
Rights Zeid Ra'ad Al Hussein in a news release issued by his Office:OHCHR.
The UN rights office launched in December 2016 a global campaign called 'Stand
Up for Someone's Rights Today'. The campaign is an effort to galvanize everyone,
private sector, governments, individuals, civil society, to play an active role
in standing up to defend the human rights of all, at a time when these hard-won
rights and freedoms are facing increasing pressures across the world.
Responsible business relies
on stability, sound institutions, the smooth functioning of justice, sustainable
development and public confidence in their personal safety, Mr. Zeid said,
stressing that human rights lie at the core of such long-term stability.
He also underscored the need for companies to take a clear, unequivocal stance
that they will not tolerate links to human rights abuses anywhere in their
operations and supply chains and to have systems in place to ensure such abuses
are actively prevented and promptly addressed. For instance, some banks have
withdrawn funding for projects where human rights violations have occurred.
“Many companies have already begun taking steps to prevent and mitigate human
rights abuses in their operations in line with the UN Guiding Principles on
Business and Human Rights, including by setting up ways for people to safely
lodge complaints.” Mr. Zeid said.
Zeid commended the steps taken by some leading companies to take a stand against
media outlets peddling hate speech and xenophobic content and called on others
to show similar leadership and to join in the fight for the global values that
are currently under threat.
Zeid also welcomed the increasing participation by large multinational
corporations in the annual UN Forum on Business and Human Rights and the growing
implementation of the UN Guiding Principles on Business and Human Rights.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Liberty Launching Its Legal Challenge to the
Investigatory Powers Act: Seeks Yours Support

|| January 10: 2017 || ά.
Liberty is launching a landmark legal
challenge to the extreme mass surveillance powers in the Government’s new
Investigatory Powers Act, which lets the state monitor everybody’s web history
and email, text and phone records, and hack computers, phones and tablets on an
industrial scale. Liberty is seeking a High Court Judicial Review of the core
bulk powers in the so-called Snoopers’ Charter and calling on the public to help
it take on the challenge by donating via crowdfunding platform
CrowdJustice.
Martha Spurrier, Director of
Liberty, said, “Last year, this Government exploited fear and distraction to
quietly create the most extreme surveillance regime of any democracy in history.
Hundreds of thousands of people have since called for this Act’s repeal because
they see it for what it is an unprecedented, unjustified assault on our freedom.
We hope anybody with an interest in defending our democracy, privacy, press
freedom, fair trials, protest rights, free speech and the safety and
cybersecurity of everyone in the UK will support this crowdfunded challenge, and
make 2017 the year we reclaim our rights.”
The Investigatory Powers Act
passed in an atmosphere of shambolic political opposition last year, despite the
Government failing to provide any evidence that such indiscriminate powers were
lawful or necessary to prevent or detect crime. A petition calling for its
repeal has since attracted more than 200,000 signatures.
Liberty’s challenge
Liberty will seek to
challenge the lawfulness of the following powers, which it believes breach the
public’s rights:
Bulk hacking: the Act lets police and agencies access, control and alter
electronic devices like computers, phones and tablets on an industrial scale,
regardless of whether their owners are suspected of involvement in crime,
leaving them vulnerable to further attack by hackers.
Bulk interception: the Act allows the state to read texts, online messages and
emails and listen in on calls en masse, without requiring suspicion of criminal
activity.
Bulk acquisition of everybody’s communications data and internet history: the
Act forces communications companies and service providers to hand over records
of everybody’s emails, phone calls and texts and entire web browsing history to
state agencies to store, data-mine and profile at its will. This provides a
goldmine of valuable personal information for criminal hackers and foreign
spies.
Bulk personal datasets: the Act lets agencies acquire and link vast databases
held by the public or private sector. These contain details on religion, ethnic
origin, sexuality, political leanings and health problems, potentially on the
entire population and are ripe for abuse and discrimination.
A major victory
Liberty is launching this
challenge just weeks after a landmark ruling from the EU Court of Justice:CJEU
rendered core parts of the Investigatory Powers Act effectively unlawful. In a
challenge to the Data Retention and Investigatory Powers Act:DRIPA by MP Tom
Watson, represented by Liberty, the CJEU ruled the UK Government was breaking
the law by indiscriminately collecting and accessing the nation’s internet
activity and phone records.
DRIPA forced communications
companies to store records of everybody’s emails, texts, phone calls and
internet communications and let hundreds of public bodies grant themselves
access with no suspicion of serious crime or independent sign-off.
Judges ruled the regime
breached British people’s rights because it:
Allowed indiscriminate retention of all communications data.
Did not restrict access to the purpose of preventing and detecting precisely
defined serious crime.
Let police and public bodies authorise their own access, instead of requiring
prior authorisation by a court or independent body.
Did not require that people be notified after their data had been accessed.
Did not require that the data be kept within the European Union.
DRIPA expired at the end of 2016 – but its powers are replicated and vastly
expanded in the Investigatory Powers Act, with no effort to counter the lack of
safeguards found unlawful in the case.
Support Liberty’s challenge
by donating
through.
Liberty can be contacted on
0207 378 3656 or 07973 831 128:
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UN Human Rights Rapporteur to Assess Potential Human
Rights Abuses in Northern Myanmar

Special Rapporteur on the human rights situation in Myanmar
Yanghee Lee. Image: UN Photo:Jean-Marc Ferré
|| January 06: 2017 || ά.
An independent United Nations expert
will assess the human rights situation in Myanmar starting next week, it was
announced, following increasing concerns about civilians in Kachin State and the
escalating violence in Rakhine State. “The events of the last few months have
shown that the international community must remain vigilant in monitoring the
human rights situation there.” said Yanghee Lee, the UN Special Rapporteur on
the situation of human rights in the country.
The 12-day visit, at the invitation of the Government, will include meetings
political and community leaders, civil society, as well as victims of human
rights violations and members of the international community. Starting on
January 09, this will be Ms. Lee's fifth visit to Myanmar. She plans to visit
Myitkyina, Hpakant and Laiza in Kachin State, where civilians are caught in
fighting between the Myanmar army and an armed group.
“The escalation in fighting in Kachin and Shan, with its inevitable negative
impact on the situation of civilians, is causing some disquiet regarding the
direction that the new Government is taking in its first year of
administration.” Ms. Lee said.
She will also gather information in Sittwe, Rathedaung, Buthidaung and Maungdaw
in Rakhine State, as well as Nay Pyi Taw and Yangon.
Last month, the top UN human rights official, Zeid Ra'ad Al Hussein said that he
was deeply disappointed by a lack of access to some of the worst areas in
northern Rakhine, particularly, given numerous alarming allegations of rights
violations, including killings, rapes and the burning of homes belonging to the
Rohingya minority group.
A report from the visit will be presented in March to the UN Human Rights
Council, the largest body of independent experts in the UN Human Rights system.
Ms. Lee's position is honorary and she does not receive a salary for her work.
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United Nations Resolution Paves Way for Accountability
on Syria War Crimes: Amnesty International

|| December 22: 2016:
Amnesty International News || ά.
In response to the United Nations
General Assembly resolution establishing an independent international mechanism
to ensure accountability for war crimes and crimes against humanity committed in
Syria since March 2011, Anna Neistat, Amnesty International’s Senior Director of
Research said, “With this resolution, the General Assembly helps overcome the
Security Council's deadlock on accountability and is the first step toward
justice for thousands of victims.
“The situation in Syria continued to be one of the most heartbreaking tragedies
of our time. It is also a clear example of the failure of the broken
international system that was established, with the Security Council at its
centre, to prevent the atrocities that shock the conscience of humanity. By
passing this resolution, the international community is standing up against the
Security Council’s utter inability to act in the face of gruesome atrocities
being committed before the eyes of the entire world.
This is a crisis that, over
five years, has cost hundreds of thousands of lives and caused unimaginable
suffering to the people of Syria. The overwhelming support for the resolution by
UN member states sends a strong message to all parties to the conflict in Syria
that war crimes and crimes against humanity will not be tolerated. Perpetrators
will be held accountable. Impunity is not an option.
It is now imperative that we work to make sure this resolution is swiftly and
fully implemented and that this mechanism is capable of leading to the
prosecution of those individuals who are responsible for the crimes that have
been taken place, and continue to take place in Syria.”
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to Seek and Demand the End of Death Penalty For It is Your Business What is Done
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You See Law: UCL Centre for Access to Justice

Shiva Riahi: Manager: UCL Centre for Access to Justice: Image:
UCL
|| December 17: 2016: UCL News || ά.
“When I was studying law at
UCL I was one of those sappy people who wanted to make a difference.” laughs UCL
alumna Shiva Riahi, Law 2012. In her final year, Shiva was one of eight students
to successfully apply for the UCL Centre for Access to Justice’s pilot, Access
to Justice and Community Engagement course. When she completed her course, Shiva
applied to be a research assistant at the UCL Centre for Access to Justice:CAJ
and is now the manager. “I always thought I’d be a lawyer.” she says. “But I
love what I do here. There are a lot of different ways to use the law to help
people.”
She explains the founding mission of the CAJ: “To enrich students’ education by
adding the experience of working with real clients. The Centre has a holistic
approach, it was built on Professor Dame Hazel Genn’s research, which showed how
people’s legal problems tended to cascade into other areas of life, such as
health.” she says. “For instance, unfair dismissal or workplace bullying can
lead to stress and mental health problems, which in turn has an impact on the
NHS. I think that link between the academic and the practical is quite unique to
UCL.”
The Centre operates on a micro level, sending students to represent clients in
tribunals to, for example, secure benefits or overturn a pending eviction. “The
benefits system is difficult for people to navigate.” says Shiva. “We help
clients understand the questions being asked of them. Our intervention can mean
the difference between being able to pay rent and homelessness.”
But CAJ also works on a macro level, both in terms of its impact on students and
potential influence on government policy. “We have a lot of students who go on
to work in corporate law,” says Shiva. “But they go there with a sense of social
justice. One student was so inspired he went back to Hong Kong to try and set up
similar pro bono programmes there. And the research we are doing at the Sir
Ludwig Guttmann Health & Wellbeing Centre, for example, will, we hope,
eventually inform policy.”
The Centre in the borough of Newham was originally built for the 2012 London
Olympics to treat athletes. It now houses a general practice downstairs and the
UCL Legal Advice Clinic, part of the CAJ, upstairs. This, in Shiva’s view, makes
perfect sense. The Centre, on the UCL East site, is one of the projects enabling
UCL to support the integration and enrichment of the lives of local communities.
The project is still in its first year, but Shiva says it aims to expand to
receive referrals from other GPs in the Newham area. “The Citizens Advice Bureau
sometimes has outposts in GP surgeries, but I think UCL is unique in having a
student clinic.” she says.
Philanthropy has played, and will continue to play, a critical role in the
success and impact of the Centre for Access to Justice in East London. Through
UCL’s Global Philanthropic and Engagement Campaign, the UCL Legal Advice Clinic
at the Sir Ludwig Guttmann Health and Wellbeing Centre will continue to provide
disadvantaged communities with access to free legal advice within a local health
setting, as well as shape and influence policy to better support communities
around the UK and the world.
Donor support helps to maintain and expand activities of the UCL CAJ by
providing funding to help run the advice sessions and provide students with
specialist training for casework. It also helps enhance summer maintenance
bursaries for students who could otherwise not afford to live in London and
undertake unpaid social welfare law work experience. It is essential to help
fund additional expert supervision to extend the range of UCL’s advice and case
work services.
Philanthropy will ensure the
centre, which has more than 8,000 patients, and the CAJ can grow its legal
services and reach even more people in the London Borough of Newham, the third
most deprived local authority in England.
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UN: States Should Commit to Pathway Towards Global Ban
on Killer Robots: Amnesty International

|| December 16: 2016: Amnesty
International News || ά.
Governments meeting today at
the United Nations in Geneva should commit to a global process to negotiate a
total ban on the development, transfer and potential use of 'killer robots',
Amnesty International said. The organisation and its NGO partners believe a new
international treaty is needed to address this emerging technology. Once
activated, these weapons, also known as lethal autonomous weapon systems, can
select, attack, kill and injure human targets without meaningful human control.
To date, 19 states have
called for a pre-emptive ban and states in Geneva today are expected to agree a
recommended plan of action, including establishing a Group of Governmental
Experts:GGE to begin formal discussions in 2017. Amnesty International believes
the talks should continue with a view to negotiating a ban on these 'killer
robots'. “A total ban on the development, deployment and use of ‘killer robots’
is the only real solution, if states want to avoid sleepwalking beyond the point
of no return where machines are empowered to make life or death decisions in
policing and warfare.” said Rasha Abdul Rahim, Adviser on Arms Control at
Amnesty International.
“Taking a ‘wait and see’ approach would be simply too risky, leading to the
further investment by states in the development of fully automatic
weapons systems and their rapid proliferation in a new arms race.” Amnesty
International is a member of the Campaign to Stop Killer Robots, which has been
attending the Fifth Review Conference of the Convention on Conventional Weapons
concluding in Geneva today.
Ten Reasons Why It’s Time to Get Serious About Banning
‘Killer Robots’ robots
The following piece is by
Rasha Abdul Rahim, Advocate:Adviser on Arms Control, Security Trade & Human
Rights at Amnesty International
Governments are meeting today in Geneva to discuss what to do about “Killer
Robots”. Amnesty International is calling for the creation of a formal
negotiation process with a view to establishing a new global ban on lethal and
less-lethal 'Killer Robots' both on the battlefield and in policing operations.
Here are 10 reasons why such a ban is essential.
01. 'Killer Robots' will not be a thing of science fiction
for long
Killer robots are weapons systems which, once activated, can select, attack,
kill and injure human targets without a person in control. Once the stuff of
dystopian science fiction, these weapons, also known as 'fully automatic
weapon systems', will soon become fact.
Many precursors to this technology already exist. The Vanguard Defense
Industries’ ShadowHawk drone, for example, can be armed with a grenade launcher,
a shotgun with laser designator, or less-lethal weapons such as a Taser or
bean-bag round launcher. In 2011 the office of the Sheriff in Montgomery County,
Texas, purchased an unarmed ShadowHawk with a grant from the Department of
Homeland Security. In August this year North Dakota became the first US state to
legalise the use of drones that can be used remotely to incapacitate people with
high-voltage electric-shocks.
02. They will be openly used for repression by unaccountable governments
Some governments argue that 'Killer Robots' could reduce the risks of deploying
soldiers to the battlefield, or police on dangerous law enforcement operations.
Their use would therefore make it easier for governments to enter new armed
conflicts and use force in, for example, policing of protests. Though soldiers
and police might be safer, this lowered threshold could lead to more conflict
and use of force and, consequently, more risk to civilians.
Proponents of 'Killer Robots' also argue that their lack of emotion would
eliminate negative human qualities such as fear, vengeance, rage and human
error. However, human emotions can sometimes act as an important check on
killing or injuring civilians, and robots could easily be programmed to carry
out indiscriminate or arbitrary attacks on humans, even on a mass scale. 'Killer
Robots' would be incapable of refusing orders, which at times can save lives.
For example, during mass protests in Egypt in January 2011, the army refused to
fire on protesters, an action that required innate human compassion and respect
for the rule of law.
03. They would not comply with human rights law and international
policing standards
International policing standards prohibit the use of firearms except in defence
against an imminent threat of death or serious injury, and force can only be
used to the minimum extent necessary. It is very difficult to imagine a machine
substituting human judgment where there is an immediate and direct risk that a
person is about to kill another person, and then using appropriate force to the
minimum extent necessary to stop the attack. Yet such a judgement is critically
important to any decision by an officer to use a weapon. In most situations
police are required by UN standards to first use non-violent means, such as
persuasion, negotiation and de-escalation, before resorting to any form of
force.
Effective policing is much more than just using force; it requires the uniquely
human skills of empathy and negation, and an ability to assess and respond to
often dynamic and unpredictable situations. These skills cannot be boiled down
to mere algorithms. They require assessments of ever-evolving situations and of
how best to lawfully protect the right to life and physical integrity that
machines are simply incapable of. Decisions by law enforcement officers to use
minimum force in specific situations require direct human judgement about the
nature of the threat and meaningful control over any weapon. Put simply, such
life and death decisions must never be delegated to machines.
04. They would not comply with the rules of war
Distinction, proportionality and precaution are the three pillars of
international humanitarian law, the laws of war. Armed forces must distinguish
between combatants and non-combatants; civilian causalities and damage to
civilian buildings must not be excessive in relation to the expected military
gain; and all sides must take reasonable precautions to protect civilians.
All of this, clearly, requires human judgement. Robots lack the ability to
analyse the intentions behind people’s actions, or make complex decisions about
the proportionality or necessity of an attack. Not to mention the need for
compassion and empathy for civilians caught up in war.
05. There would be a huge accountability gap for their use
If a robot did act unlawfully how could it be brought to justice? Those involved
in its programming, manufacture and deployment, as well as superior officers and
political leaders could be held accountable. However, it would be impossible for
any of these actors to reasonably foresee how a 'Killer Robot' would react in
any given circumstance, potentially creating an accountability vacuum.
Already, investigations into unlawful killings through drone strikes are rare,
and accountability even rarer. In its report on US drone strikes in Pakistan,
Amnesty International exposed the secrecy surrounding the US administration’s
use of drones to kill people and its refusal to explain the international legal
basis for individual attacks, raising concerns that strikes in Pakistani Tribal
Areas may have also violated human rights.
Ensuring accountability for drone strikes has proven difficult enough, but with
the extra layer of distance in both the targeting and killing decisions that
'killer robots' would involve, we are only likely to see an increase in unlawful
killings and injuries, both on the battlefield and in policing operations.
06. The development of 'Killer Robots' will spark another arms race
China, Israel, Russia, South Korea, the UK, and the USA, are among several
states currently developing systems to give machines greater autonomy in combat.
Companies in a number of countries have already developed semi-autonomous
robotic weapons which can fire tear gas, rubber bullets and electric-shock stun
darts in law enforcement operations.
The past history of weapons development suggests it is only a matter of time
before this could spark another hi-tech arms race, with states seeking to
develop and acquire these systems, causing them to proliferate widely. They
would end up in the arsenals of unscrupulous governments and eventually in the
hands of non-state actors, including armed opposition groups and criminal gangs.
07. Allowing machines to kill or use force is an assault on
human dignity
Allowing robots to have power over life-and-death decisions crosses a
fundamental moral line. They lack emotion, empathy and compassion, and their use
would violate the human rights to life and dignity. Using machines to kill
humans is the ultimate indignity.
08. If 'Killer Robots' are ever deployed, it would be near impossible to
stop them
As the increasing and unchecked use of drones has demonstrated, once weapons
systems enter into use, it is incredibly difficult or near impossible to
regulate or even curb their use. The 'Drone Papers' recently published by The
Intercept, if confirmed, paint an alarming picture of the lethal US drones
programme. According to the documents, during one five-month stretch, 90% of
people killed by US drone strikes were unintended targets, underscoring the US
administration’s long-standing failure to bring transparency to the drones
programme.
It appears too late to abolish the use of weaponized drones, yet their use must
be drastically restricted to save civilian lives. 'Killer Robots' would greatly
amplify the risk of unlawful killings. That is why such robots must be
pre-emptively banned. Taking a ‘wait and see’ approach could lead to further
investment in the development and rapid proliferation of these systems.
09. Thousands of robotics
experts have called for 'Killer Robots' to be banned
In July 2015, some of the world’s leading artificial intelligence researchers,
scientists, and related professionals signed an open letter calling for an
outright ban on 'Killer Robots'.
So far, the letter has gathered 2,587 signatures, including more than 14 current
and past presidents of artificial intelligence and robotics organisations and
professional associations. Notable signatories include Google DeepMind Chief
Executive Demis Hassabis, Tesla CEO Elon Musk, Apple Co-founder Steve Wozniak,
Skype co-founder Jaan Tallin, and Professor Stephen Hawking.
If thousands of scientific and legal experts are so concerned about the
development and potential use of 'Killer Robots' and agree with the Campaign to
Stop Killer Robots that they need to be banned, what are governments waiting
for?
10. There has been a lot of talk but little action in two years
Ever since the problems posed by 'Killer Robots' were first brought to light in
April 2013, the only substantial international discussions on this issue have
been two weeklong informal experts’ meetings in Geneva at the conference on the
UN Convention on Certain Conventional Weapons:CCW. It is ludicrous that so
little time has been devoted to so serious a risk, and so far little progress
has been made.
For Amnesty International and its partners in the Campaign to Stop Killer
Robots, a total ban on the development, deployment and use of lethal autonomous
weapon systems is the only real solution. The world can’t wait any longer to
take action against such a serious global threat. It’s time to get serious about
banning Killer Robots once and for all.
Please, note, The Humanion does not use 'autonomous' to
describe an autodriven, automatic 'machine:construct' simply because a machine
is not a human mind only which, under law, is and can be autonomous. Instead,
The Humanion uses automatic or autodriven. This signifies the machines has no
human control over it. Then comes the most fundamental of questions, of law, who
takes responsibility for what that 'autodriven' machine does, and particularly,
when it kills or rather when it is 'directed' to kill?
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
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France Shall Take All Measures at Its
Disposal to Make Sure That the Premises Presented as Housing the Diplomatic
Mission of Equatorial Guinea at 42 Avenue Foch in Paris Satisfy the Required
Treatment Outlined in Article 22 of the Vienna Convention on Diplomatic
Relations: The ICJ

International Court of Justice:ICJ delivers Order in
Immunities and Criminal Proceedings
Equatorial Guinea v. France. Image: UN Photo:ICJ-CIJ:Frank van Beek
|| December 07: 2016 || ά.
The International Court of
Justice:ICJ, the principal judicial organ of the United Nations, has delivered
its Order on the case concerning Immunities and Criminal Proceedings, Equatorial
Guinea v. France and the request by Equatorial Guinea to indicate provisional
measures. The Order indicates that France shall take 'all measures at its
disposal' to make sure that the premises presented as housing the diplomatic
mission of Equatorial Guinea at 42 avenue Foch in Paris satisfy the required
treatment outlined in Article 22 of the Vienna Convention on Diplomatic
Relations.
The Court also unanimously
rejected the request of France to remove the case from the General List. The
Court recalled that, on 13 June 13, 2016, Equatorial Guinea instituted
proceedings against France with regard to a dispute concerning the immunity from
criminal jurisdiction of the Vice-President of the Republic of Equatorial
Guinea, Teodoro Nguema Obiang Mangue, and the legal status of the building which
'houses the Embassy of Equatorial Guinea' located at 42 avenue Foch in Paris.
In September 2016, Equatorial Guinea submitted a Request for the indication of
provisional measures, asking the Court, inter alia, to order that France suspend
all the criminal proceedings brought against the Vice-President of Equatorial
Guinea; that France ensure that the building located at 42 avenue Foch in Paris
is treated as premises of Equatorial Guinea's diplomatic mission in France and,
in particular, assure its inviolability; and that France refrain from taking any
other measure that might aggravate or extend the dispute submitted to the Court.
Established in 1945 under the UN Charter, the ICJ, widely referred to as the
'World Court', settles legal disputes between States and gives advisory opinions
on legal questions that have been referred to it by authorized UN organs or
specialized agencies. ICJ Judgments are final and binding on the Parties
involved in the legal disputes submitted to the Court.
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The
Humanion Humanity of the Year 2016: Angela Merkel: Aung San Suu Kyi: Hillary
Clinton: Jeremy Corbyn: Dr. Kanayo Nwanze: Dr Margaret Chan and Professor
Peter Piot

UNHCR Urges Governments to Recognise People Fleeing
War-Plagued Countries as Refugees

This photo shows
Amal who is looking at her destroyed
home in Sana’a, Yemen, after it was
hit by an airstrike in April 2015.
Image: UNICEF:Ahmed Jahaf
|| December 02: 2016 || ά.
Faced with record
displacement due to conflict, the United Nations has moved to reinforce the
global refugee protection regime by issuing new guidelines on dealing with
people fleeing their country because of war, who are not recognised as refugees
by some States. “These guidelines are crucial because most conflicts today
target groups of civilians because of their real or perceived ethnic, religious,
social or political affiliation. There is no question that those fleeing the
devastating effects of armed conflict may indeed be refugees.” said Assistant
High Commissioner for Protection Volker Türk, according to briefing notes issued
today by the Office of the UN High Commissioner for Refugees:UNHCR in Geneva.
UNHCR spokesperson Adrian Edwards told reporters that the guidelines aim to
ensure that States generally consider those fleeing armed conflict and other
violent crises as refugees, noting that discrepancies still exist today when
determining refugee eligibility, with some countries not recognizing such a
claim by victims of violence. “The 1951 Refugee Convention, the cornerstone of
our work, has always included refugees from war. But over the years it has been
inconsistently applied, and some countries have required people fleeing war to
prove they were individually targeted.” said the Assistant High Commissioner.
“The idea that one has to be singled out and individually targeted to be a
refugee is a myth.” Mr. Türk added. UNHCR called on all countries to follow the
new guidelines in order to apply a consistent and harmonised standard for
refugees, one that provides international protection to all who need it.
Forced displacement is at a record high globally, with 65.3 million people
displaced as of the end of 2015. Refugees make up about a third of this total,
or 21.3 million, with the overwhelming majority being people displaced within
their own country.
UNHCR has a mandate to protect refugees, stateless people and people displaced
internally. On a daily basis it helps millions of people worldwide, often on the
front lines of conflict. It also monitors compliance with the international
refugee system and provides Governments with guidelines, information and legal
policy advice aimed at helping them meet their obligation to uphold refugee and
human rights.
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Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
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Myanmar: Spiral of Violence in Rakhine State: OHCHR

Ethnic Rakhine people shelter in a stadium in
Sittwe. Image: Joe Freeman:IRIN
|| November 29: 2016 || ά.
The Office of the United
Nations High Commissioner for Human Rights:OHCHR today
expressed alarm over reports of serious rights violations in
Myanmar’s northern Rakhine state that cite allegations of
extrajudicial killings, arbitrary arrests and sexual
violence, and a renewed spike in hate speech, including on
social media. OHCHR spokesperson Ravina Shamdasani told
reporters that UN High Commissioner for Human Rights Zeid
Ra'ad Al Hussein has said the Government needs to condemn
such inflammatory, potentially very dangerous, rhetoric no
matter who is responsible. Failing this, there is a real
risk that it could exacerbate the current spiral of
violence.
On October 09, OHCHR received reports that three Border
Guard police posts in Maungdaw and Rathidaung, also part of
the Rakhine State, were attacked during security operations.
The High Commissioner 'unequivocally condemns the reported
use of violence by armed individuals in northern Rakhine
state, and recognises that this is not something the
authorities can ignore'. However, Ms. Shamdasani added that
it is 'essential' that the Government’s attempts to restore
security are 'firmly grounded in international human rights
laws and standards' and are recognised by the affected
population.
Likewise, offensives in Kachin and Northern Shan state
continue to cause human rights violations and displacement.
“Protection of civilians and unfettered humanitarian access
to conflict affected areas is critical. Measures that may
heighten the vulnerability or pose threats to the safety and
security of internally displaced people, such as requiring
internally displaced persons:IDPs to cross conflict lines,
must be avoided.” Mr Zeid Ra'ad Al Hussein said.
The UN rights Office also
stressed that the authorities must respect international humanitarian law and
the rights of IDPs, pointing out that continued failure to do so would draw a
sharp response from the international community. The High Commissioner also
regretted that, beyond the formation of the Advisory Commission on Rakhine state
led by Kofi Annan, the Government has largely failed to act on the
recommendations made in an OHCHR report in June on the situation of Rohingya
Muslims and other minorities in Myanmar.
The report documented a wide range of human rights violations and abuses against
the Rohingya, including arbitrary deprivation of nationality, severe
restrictions on freedom of movement, threats to life and security, denial of
rights to health and education, forced labour, sexual violence and limitations
to political rights, among others. It also raised the possibility that the
pattern of violations against the Rohingya may amount to crimes against
humanity.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Rights of Rough Sleepers, Protesters and Disabled Residents are at
Risk: Liberty Urges Enfield Council to Abandon Discriminatory PSPO
Plans |
This PSPO Issue
Must Be Challenged for Local Governments Do Not Have and Must Not Be
Given the Power to Make Laws That Infringe and Violate National and
International Laws Because Their Competence Only Relates to Local
Issues and Their Locality is Neither a Nation nor a State Only
Which Has the Competence, Authority, Power, Expertise, Mechanism and
System to Pass Laws That Apply Throughout the Land: The
Humanion |
|| November 25: 2016 || ά.
Liberty has written to
Enfield Council urging it to abandon proposals that could penalise the
vulnerable and chip away at residents’ civil liberties. The council is
considering using a Public Space Protection Order:PSPO to introduce 18 separate
criminal offences. PSPOs are disturbingly broad powers that let local
authorities ban a huge range of activities. A public consultation into the
plans, which closes on Monday, November 28, outlines the council’s intentions to
ban 'sleeping or living in a public place without consent' and to criminalise
'annoying' public speakers, the latter of which would constitute a significant
threat to protest rights.
Those
citizens of a country, in this case, in England, within the UK, have no home, do
not loose their citizenship because they have no homes. And if they do not loose
their citizenship by losing their homes then they have every right, like any
other citizen, to use the public spaces and facilities for which no local
government nor even the national government can make them criminally liable!
This simply beats even the 'Kafkaesque' unreality of the bureaucrats coming up
with the most absurd, most ridiculous and absolutely callous and brutal of
ideas! Why do we use words like callous and brutal? What else can be used? These
are human beings, these homeless people and the council is proposing to
criminalise their use of the public spaces? What time of human history, Enfield
Council thinks, we are living in the UK that it thinks it can treat human
beings, who are citizens of this country, with such contempt as if they are not
humans? Can Enfield Council, tell the country, where, when they refuse to offer
any help to house these very homeless people, these homeless people to 'stay
alive' if they cannot use the public spaces? Where are they going to be forced
to find 'shelter'? And if they cannot use these public spaces, where is the
Council telling them to go?
This PSPO issue must be
challenged for local governments do not have and must not be given the power to
make laws that infringe and violate national and international laws because
their competence only relates to local issues and their locality is neither a
nation nor a state only which has the competence, authority, power, expertise,
mechanism and system to pass laws that apply throughout the land and all these
include the provision that such laws can effectively be challenged for the
validity, constitutionality and on legal theories and principles of
jurisprudence etc. The Humanion invites Liberty and all other civili liberties,
human rights, disability rights and other rights related groups across the UK to
come together and challenge this PSPO provisions that are ill-thought out and it
would fail miserably the basic test of what constitutes 'good law'. And, as
Liberty has been involved in many ridiculous instances across the country where
local authorities were seeking to misuse and abuse these 'powers' of the PSPO
and against which Liberty has been putting up resistance, and therefore, it
knows very well, that if there exists a tumour inside the brain no amount of
painkiller would cure it and that it requires drastic surgery or severe
medication therapies such as radio or chemo etc to treat it.
The only way to deal with
these PSPO is to challenge it at the Court. The Humanion, at the same time,
invites The Law Society and the Bar Council and all other related legal agencies
and charities across the UK to offer, volunteer support to Liberty in this
challenge if they seek to bring it about for it would require substantial
resources, particularly, of expertise. We encourage, invite and call on the
senor students, trainees, from both part of the legal profession, to come
forward and donate their resources of time, knowledge, energy and passion in
this project. The Bar Council and the Law Society ran their ProBono Week only at
the beginning of November. We invite the National Probono Centre to offer
substantial support, assistance and help to Liberty and join forces; for
everyone who has learnt even the spelling of the word law, knows, without laws
and the vigorous defense of these very laws, there remains not very much to
celebrate about. To summarise the essence of Greek minds, the difference between
human and beast is law. And we add to this, this, the good laws are those laws
that support, empower and offer us the means and inspiration to raise us up,
towards the higher end of humanity and bad laws, that may be politically
convenient and often the case is that such laws are rushed, ill-thought out of
and badly constructed, but they tend to lead us towards the lower end, risking
us falling downhill. And the people we are referring to would know what PSPO is
and why it is such a risky, bad and poor law and why it must be challenged and
it is absolutely paramount that it is stopped by challenging it at the highest
court of the land. This must be challenged.
The National Pro Bono Week: November 07-11

The council also seems to be considering prohibiting the use of some mobility
scooters on pavements, a measure which would clearly discriminate against
disabled people. It also envisages using the PSPO to fine anyone considered to
be engaging in street-based prostitution. If introduced, the PSPO would give
police and council officers the power to issue on-the-spot penalties of up to
£100. If unable to pay, those in breach could face prosecution and a fine of up
to £1,000. Liberty believes several of Enfield’s proposed bans, if implemented,
risk breaching residents’ fundamental rights, protected by the Human Rights Act.
The Act requires the council not to behave in a way which would
disproportionately affect those rights.
Risking discrimination: In today’s letter, Liberty’s Legal Officer Rosie
Brighouse advises council leader Doug Taylor that: The proposed ban on
'unauthorised sleeping' will essentially criminalise rough sleeping at a time
when homelessness is increasing at an alarming rate. It will punish vulnerable
members of society by imposing financial penalties they cannot afford.
PSPOs are extremely blunt instruments incapable of addressing the complex causes
of homelessness or street-based prostitution, which may involve issues of
addiction, trafficking, coercive control and poverty. In contrast to the
existing criminal law surrounding soliciting, PSPOs can only lead to fines, and
are therefore likely to draw vulnerable people into both the criminal justice
system and a cycle of debt.
The proposed criminalisation of public speaking could breach residents’ right to
freedom of speech and their right to protest.
A ban on mobility scooters on pavements if they are capable of travelling at
more than four miles an hour would discriminate against disabled people who have
as much right as any able-bodied pedestrian to travel on the pavement.
PSPOs allow councils to ban activities if they believe there is evidence a
certain activity is having a detrimental effect on residents’ quality of life in
a certain area. Unusually, these proposals would apply to the whole borough of
Enfield regardless of whether there is evidence that a particular area requires
such measures. It is doubtful a PSPO on such a scale could be lawful.
Rosie Brighouse, Legal Officer for Liberty, said: “Enfield Council is at an
early stage in its plans, but is going in a dangerous and legally dubious
direction. It is common sense, using your wheelchair on the pavement to
stay safe isn’t antisocial behaviour and vulnerable people should be helped off
the streets as the cold weather sets in, not slapped with impossible fines and
criminal records. Enfield deserves better, the council must abandon these plans
now.”
About PSPOs: PSPOs are intended to provide means of preventing activities that
have a persistent and unreasonable detrimental effect on the quality of life of
those in the area.
Created in 2014 by the Anti-Social Behaviour, Crime and Policing Act, PSPOs
enable local authorities to criminalise activities that have a persistent and
unreasonable detrimental effect on the quality of life of those in the area.
Liberty opposed their creation on the basis that they are too widely drawn, with
vague definitions of what can be criminalised and disproportionately punitive
sanctions, and would result in the fast-tracking of vulnerable individuals into
the criminal justice system.
Liberty is campaigning to end the use of unfair, overbroad PSPOs which penalise
the most vulnerable in our societies. Liberty has so far encouraged Cheshire
West and Chester Council, Birmingham City Council and Newport City Council to
scrap their plans, while also drawing serious concessions from Oxford City
Council.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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If Passed, Israeli Legislation Would Be Another Nail
in the Coffin for Two-State Solution: UN Special Rapporteur

One of several junctions leading
to and from Palestinian villages and towns in
Hebron governorate
blocked by Israeli forces in late June 2016.
Image: OCHA
|| November 21: 2016 || ά.
A new piece of Israeli legislation would enable the confiscation of privately
owned Palestinian land and if passed, would deal yet another severe blow to
hopes of lasting peace in the region, according to a United Nations human rights
expert. Michael Lynk, the Special Rapporteur on the situation of human rights in
the occupied Palestinian territories, expressed deep concern over the proposal
to legalise more than 100 illegal outposts in the occupied West Bank. The
legislation passed its first reading in the Knesset on November 16.
According to Mr. Lynk, the unauthorised outposts have been set up on private
Palestinian land, deep within the occupied West Bank, and are considered illegal
under current Israeli domestic law. To retroactively legalise them would be
'another nail in the coffin for the two-state solution', he said. “These
outposts undermine the Palestinian right to self-determination, violate their
rights to property, freedom of movement, and development, and continue to
confine the Palestinians into smaller and smaller cantons of non-contiguous
lands within their own territory.”
If adopted, the legislation would allow the Israeli State to appropriate private
Palestinian lands where the outposts have been built, thereby repurposing them
for use by Israeli settlers. The Special Rapporteur emphasised that
international law prohibits the confiscation of private property, such as
proposed by the current law.
“The Knesset should not be giving the green light to theft by changing the law.”
said Mr. Lynk, adding that violating international law would be neither lessened
nor mitigated by the bill’s proposed measures to compensate Palestinians whose
land has been unlawfully taken.
The current draft follows a recent ruling by the Israeli Supreme Court that the
Amona outpost must be evacuated by December 25, thereby rejecting a request for
delay from the Israeli Government.
“Among the purposes of this legislation is to regularise the legal status of
Amona.” said the Special Rapporteur. Mr. Lynk was alarmed to note that some
senior Israeli cabinet ministers not only supported the bill, but were also
openly calling for annexation of large parts of the West Bank. “The
international community must be very clear with the Government of Israel.” he
said. “The annexation of occupied territory likewise would be a profound breach
of international law. If Israel proceeds with either step, the international
community must be prepared not only to condemn the action, but also to adopt
appropriate measures to reverse these violations.”
“An occupying power is expressly prohibited from transferring its civilian
population into an occupied territory. This violates the 4th Geneva Convention
of 1949, and is contrary to numerous UN Security Council and General Assembly
resolutions, as well as a major advisory opinion by the International Court of
Justice in 2004.” he said.
Mr. Lynk is part of the Special Procedures of the Human Rights Council, which is
part of the Council’s independent fact-finding and monitoring mechanisms that
address either specific country situations or thematic issues in all parts of
the world. Special Rapporteurs are neither UN staff, nor are they paid for their
work.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Slovenia: Constitutional Right to Water Must Flow Down
to the Roma Communities: Amnesty International

In Slovenia: Image: Thomson Lakes and Mountains
||
November 19: 2016: Amnesty
International News || ά.
A constitutional amendment guaranteeing the right
to water for all must be fully implemented to benefit the lives of Slovenia's
Roma communities denied access to water, said Amnesty International. Whilst the
amendment passed on November 17 recognises that everyone has the right to
drinking water, some Romani communities are still forced to fetch water from
polluted streams or public taps and do not have access to adequate toilets.
“Enshrining access to drinking water as a constitutional human right is an
important legal step forward for Slovenia, but Roma communities need more than
legal changes.
Action is now needed to
ensure the changes flow down to all those without water and sanitation.” said
Fotis Filippou, Amnesty International's Deputy Europe Director. “It is shocking
that in a highly developed country like Slovenia, where almost 100 per cent of
the population have access to safe water, some Roma communities struggle to
collect even small amounts of water to drink, cook and bathe themselves and
their families.” Many Roma families in Slovenia live in informal settlements in
inadequate and at times unsanitary housing conditions. Some do not have access
to water close to their homes and have to travel long distances with jerry cans
to get water from petrol stations, cemeteries or polluted streams. These
conditions impact their lives and result in illnesses including water borne
diseases.
In 2011 a government commission recommended that access to water should be
provided to all Roma communities as matter of urgency, but no effective measures
have so far been taken. “The government must now ensure that the constitutional
recognition that everyone has a right to drinking water leads to swift and
concrete changes.” said Fotis Filippou.
“Failure to do so would not only be an abject dereliction of responsibility by
the government but could also prove costly since the new amendment will
strengthen the case of anyone challenging their lack of access to water in
domestic courts.”
The constitutional amendment requires that water for drinking and household use
is provided purely by the public sector. In 2014 two Roma families from Škocjan
and Ribnica took the issue of lack of access to water to the European Court of
Human Rights. The case Hudorovic v. Slovenia is currently pending before the
Court.
Branko Hudorovič has stated: “The Roma do not need riches, what we really need
is a water pipe for our children to wash and to be able to drink water when
thirsty.”
It is estimated that between 10,000 and 12,000 Roma people live in Slovenia.
Most of them live in isolated and segregated settlements or slums in rural
areas. Many live in poorly constructed homes or informal settlements which lack
security of tenure. Widespread discrimination often prevents Romani families
from buying or renting housing in other areas.
Under Slovenian law, citizens can only obtain access to communal public services
if they own or hold other legal claims to the land on which they live, along
with a building permit. Many Roma are therefore denied even minimum levels of
access to water and sanitation, as well as utilities such as electricity.
The denial of their rights to adequate housing, water and sanitation, whilst
also negatively impacting other rights such as education, work and health, feeds
into a cycle of poverty and marginalisation. Widespread prejudice against Roma,
including children and women persist on the grounds of their lack of access to
basic sanitation.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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Australia’s Human Rights Record Tainted by Regressive
Migration Policies: UN Expert

Villawood Immigration Detention Centre
outside Sydney, Australia, which houses asylum-seekers.
Image: IRIN
|| November 19: 2016 || ά.
Concluding his first
official visit to Australia, the United Nations Special
Rapporteur on the human rights of migrants said the
country’s human rights standing has been tarnished by
its 'regressive' migration policies that fall 'way
behind' international standards. “The punitive approach
adopted by Australia towards migrants who arrived by
boat has served to erode their human rights.” said
Special Rapporteur François Crépeau in a news release
issued by the Office of the UN High Commissioner for
Human Rights:OHCHR.
“While Australia has the power to admit, deny entry or
return migrants, it equally has an obligation to respect
the human rights of all migrants in the process.” he
added, noting that the country must respect the
principles of non-refoulement, of non-discrimination and
to act in the best interest of children. According to
the Special Rapporteur, mandatory and prolonged on and
off shore immigration detention, obstacles in accessing
justice and basic services such as health care and
discrimination in all areas of life as a result of one’s
immigration status or that of their family are causing
'immense suffering' to the migrants, as well as taking a
toll on their mental health.
“The cure lies ultimately with Australia, which has the
responsibility to settle those from the regional
processing centres who are found to be refugees.” Mr.
Crépeau stressed. “Any agreement regarding third country
resettlement must be meaningful, in terms of numbers,
timeliness and opportunities to rebuild, and adhere to
Australia’s international humanitarian and human rights
obligations.” Welcoming different visa options for
migrants, including work visas, the UN rights expert
cautioned that the temporary nature of such visas could
increase the migrants’ vulnerability as they would often
refrain from reporting, protesting and mobilising, in
fear of having their visa cancelled, being detained or
deported.
“I came across information about the exploitation of
backpackers on working holiday visas, as well as of
asylum seekers on bridging visas and students by
employers in Australia.” he said, calling for strong
oversight mechanisms to combat such abuse. The rights
expert also voiced concern at an increase in xenophobia
and hate speech, despite Australia’s rich history of
migration. This, he said, has led to significant
negative perceptions of migrants: “Politicians who have
engaged in this negative discourse seem to have given
permission to people on the street to act in xenophobic
ways and to allow for the rise of nationalist populist
groups.”
Underscoring that Australia must work to fight
xenophobia, discrimination and violence against
migrants, in both acts and speech, Mr. Crépeau added:
“Maintaining section 18C of the Racial Discrimination
Act sets the tone of an inclusive Australia, committed
to implementing its multicultural policies and
programmes and respecting, protecting and promoting the
human rights of all.” Section 18C of the Act refers to
addressing offensive behaviour against someone due to
their race, colour, national or ethnic origin.
Further in the news release, the expert hailed several
migration policies adopted by the authorities, such as
the resettlement programme granting humanitarian
protection to a high number of refugees and assisting
them in their integration process, as well as the
welcoming of 12,000 refugees from Syria.
During his 18-day-long mission, the Special Rapporteur
met with Government officials, civil society, trade
unions, the country’s human rights commission as well as
migrants themselves. He also visited on-shore detention
centres and regional processing centres in the
neighbouring island of Nauru. The human rights expert
will present a formal report on this mission to the UN
Human Rights Council in June next year.
Independent experts and Special Rapporteurs are
appointed by the Geneva-based 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 UN staff, nor are they paid for
their work.
ω.
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Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
Does Not Exist. The Humanion
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UN Expert Warns on Turkish Government’s Draconian
Measures on Freedoms of Expression

Image: UN Photo
|| November 18: 2016 || ά.
The United Nations Special Rapporteur on the
rights to freedom of opinion and expression raised concerns over the Turkish
Government’s widespread measures to erode independent opinion and freedom of
expression in the country. Following a week-long official visit to Turkey, David
Kaye referred to the Government’s actions as 'draconian measures' that are
occurring 'across the board'. “The press, individuals online, artists,
opposition voices and many others face unprecedented pressure, from censorship
to outright detentio.” he announced and urged the Government to reverse this
course 'and return to protecting and promoting the rights that all people in
Turkey enjoy under their Constitution and international human rights law'.
Turkey is currently facing a wide range of serious threats, particularly after
the July 15 attempted coup, to which Mr. Kaye expressed sympathy for those who
continue to feel its shock. The coup attempt resulted in a number of deaths and
injuries as well as assaults on the country’s democratic institutions. Mr. Kaye
insisted that the country must be responsible for the lives of its citizens and
the continuation of its democratic freedoms. While the Government expressed to
him its concerns about national security, he said, “The unjustified attacks on
lawyers, judges, journalists, artists, academics and activists undermine
security and generate polarisation and long-term instability.”
Defence of life and protection of democratic institutions must involve measures
that are consistent with Turkey’s international obligations, he continued in a
news release issued by the Office of the UN High Commissioner for Human Rights.
Several laws in particular, such as the Anti-Terrorism Law, the Emergency
Decrees, the criminalization of defamation of the President, and various
Internet regulations are imposing unnecessary and disproportionate attacks on
the freedom of expression, even in the context of a state of emergency.
The Special Rapporteur
determined during his visit that the anti-terrorism laws are regularly being
used to criminalise reporting and shut down all forms of media. He said that the
situation for freedom of expression is 'grave'. “I
call on the Government in the strongest possible terms to immediately release
all those held in prison for exercising their rights to freedom of opinion and
expression.” Mr. Kaye urged.
With permission from the Ministry of Justice, Mr. Kaye met with a number of
people who have been detained due to their media work, which he described as 'an
opportunity,an honour. He met with five detainees from Cumhuriyet newspaper who
are being held at the Silivri Prison in Istanbul: Hakan Karasinir, Bülent Utku,
Güray Tekin Öz, Mustafa Kemal Güngör, and Onder Celik. He also met with the
writer and activist Necimye Alpay at the Borokoy Women’s Prison in Istanbul, and
spoke with a number of other detainee’s lawyers and associates.
Mr. Kaye reported that the Ministry of Justice had denied access to eight other
writers and journalists: Asli Erdogan, Ahmet Altan, Mehmet Altan, Kadri Gursel,
Murat Sabuncu, Turhan Gunay and Musa Kart, as well as the UN criminal judge
Aydin Sefa Akay. He urged the Turkish Government to release the individuals with
whom he met as well as their colleagues and numerous others who are detained on
similar charges throughout the country.
Others have been dismissed from universities and the media, measures that he
said 'are not only drastic and disproportionate, but lack any form of
transparency'. “As with media professionals, the Government accuses people of
serious crimes, but without presenting evidence, without due process and without
any form of transparency.”
Mr. Kaye said that review mechanisms and functioning independent appeal systems
are critical and also drew attention to attacks on the freedom of expression of
Kurdish artists, media outlets, and academics. Non-governmental
organizations:NGOs in the country have also reported deterioration in their
ability to work. 370 NGOs were suspended on November. 11 Meanwhile, civil
society continues to face increased government control, censorship, and
administrative pressures.
“Turkey has enjoyed a vibrant civil society, which the authorities have a duty
to protect and promote.” the UN expert recalled. “Civil society is any
government’s ally in the promotion of stability and economic growth. It is with
deep regret that I observe the severe measures taken by the authorities in the
opposite direction.” he underscored.
The Government has blocked websites and networks, including mobile services,
actions that the Special Rapporteur said were incompatible with international
standards. “Parliament should consider adopting legislation that would impose
restrictions on the arbitrary power to block the Internet and mobile
communications.” he said.
Mr. Kaye intends to continue to work with the Turkish Government in order to
improve the legal and political environment for fundamental rights. He praised
the country for maintaining a dialogue with various human rights mechanisms and
thanked authorities for their willingness to engage in frank discussions.
The Special Rapporteur will prepare a report for the UN Human Rights Council on
the findings of his visit as well as with recommendations on how to promote the
right to freedom of expression in Turkey. Special Rapporteurs are independent
human rights experts appointed by the Council to address specific situations or
thematic issues around the world. They are not UN staff and do not receive a
salary for their work.
ω.
Whatever Your Field of
Work and Wherever in the World You are, Please, Make a Choice to Do All You Can
to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
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Do Not Betray the Victims: Stand by the Rome Statute
and the ICC: UN High Commissioner for Human Rights

Permanent headquarters of the International Criminal Court at
The Hague: Image: UN Photo:Rick Bajornas
|| November 16: 2016 || ά.
In the wake of three States withdrawing from the
International Criminal Court, the UN High Commissioner for Human Rights has
underlined that there is no substitute for the Court and called on the
international community to 'place their collective shoulder behind the
institution'. “Do not betray the victims, nor your own people. Stand by the Rome
Statute and the Court.” said Mr Zeid Ra’ad Al Hussein, in his keynote address at
the Assembly of States Parties to the Rome Statute of the International Criminal
Court:ICC.
“In a world that seems increasingly adrift, the turmoil yet to face humanity may
be far greater than any challenge we have yet experienced, we can safeguard our
societies by standing firm on the principles of justice which anchor this
institution.” he added. The Assembly of States Parties, also called the
Assembly, is the ICC’s management oversight and legislative body and is composed
of representatives of the States that have ratified or acceded to the Rome
Statute.
In his speech, the High Commissioner said that the Assembly is meeting in the
'shadow' of the withdrawals by three States. South Africa, Burundi and Gambia
have notified the UN Secretary-General, who is the depository of the Rome
Statute of the ICC, of their intent withdraw from the Court. Withdrawals come
into effect one year after official notification.
Noting the withdrawals, Mr. Zeid said, “We are not convinced
their position is based entirely on principle. Quite the opposite: it appears to
aim more at protecting their leaders from prosecution. If the State Parties, who
apparently have been masquerading in recent years as countries devoted to
criminal accountability, want to leave, then they should leave.” he stressed,
adding, By withdrawing from the Rome Statute, leaders may shield themselves with
immunities, but it will be at the cost of depriving their people of the
protection of a unique and essential institution.”
Urging the State Parties attending the Assembly to 'stand firm' on Article 27
relating to 'Irrelevance of official capacity' Mr Al Hussein said, “No change
should be undertaken under threat of withdrawal, nor should any future amendment
touch on the critical articles of the Statute. Specifically, the principle of
the irrelevance of official capacity is prime, is existential for the Court.”
According to Article 27, the Rome Statute shall apply equally to all persons
without any distinction based on official capacity, including as a Head of State
or Government. And that official capacity shall, in no case, exempt a person
from criminal responsibility, nor shall it constitute a ground for reduction of
sentence. It also notes that immunities or special procedural rules which may
attach to the official capacity of a person, whether under national or
international law, shall not bar the Court from exercising its jurisdiction over
such a person.
Recalling that African countries have been the 'backbone' of ICC and that their
leadership was exemplary, particularly, during the initial days of the Court, he
said that he was pleased that many countries from the continent, including
Botswana, Cote d’Ivoire, Nigeria, Malawi, Senegal, Tanzania, Zambia and Sierra
Leone have signalled they will not leave.
The High Commissioner further noted that current challenges confronting the
Court are not 'the first stern test' it has faced and neither 'they will not be
the last', he called on all Start Parties to resist such challenges and face
them with resolve and strength.“I urge you to summon your determination, place
your collective shoulder behind this institution, and when the tensions become
extreme, you will find all of us in the human rights community alongside you and
this Court, our Court.” he concluded.
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to Seek and Demand the End of Death Penalty For It is Your Business What is Done
in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That
Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law
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Japan: Secretive Executions Can’t Hide
the Fact That Japan is on the Wrong Side of History When It Comes to the Death
Penalty

|| November 12: 2016 || ά.
Secretive executions can’t hide the fact that
Japan is on the wrong side of history when it comes to the death penalty,
Amnesty International said after a death row inmate was hanged on Friday.
Kenichi Tajiri, 45, was executed at Fukuoka Detention Centre in the early hours
of Friday. He was sentenced to death in 2012 for two murders committed in 2004
and 2011. “The death penalty never delivers justice, it is a cruel and inhumane
act. The Japanese government cannot hide the fact that it is on the wrong side
of history, the majority of the world’s states have turned away from the death
penalty.” The execution is the third to be carried out in Japan in 2016 and the
17th under Prime Minister Abe’s government.
The hanging comes a month
after the Japanese Federation of Bar Associations formally adopted a policy
calling for an end to the death penalty. Among other things, the lawyers’ group
highlighted the risk of wrongful convictions and the lack of evidence that the
death penalty reduces crime. And The Humanion puts, further to this attempt to
seek evidence to justify death penalty: stop seeking evidence. Death Penalty is
against humanity and it kills:ends:terminates human life. No human, no agency
has the right to do that. Furthermore, no human nor agency has the right to ask,
demand, force other human beings to take part in that 'legal execution' of human
lives. Period. There is no evidence that death penalty counters crime; instead,
there are ample evidence that it does nothing of that sort. However, this is
besides the point: humans do not and cannot create human lives nor did they
create or make humans themselves; therefore, they have no right nor can them
claim to have such right whatsoever to take that human life. Period.
The Humanion is absolutely inspired and encouraged by the
fact that the Japanese Federation of Bar
Associations have taken up the position against death penalty and calls for its
end. The Humanion urges all Japanese, particularly, the all professions
involving the Practice of Medicine and all young people studying at all the
Japanese educational institutions, demand the end of death penalty. Demand the
end of this brutal, cruel, inhuman, degrading, barbarous and absolutely harmful
and unnecessary death penalty.
Humans do not have and cannot claim any such
right to kill people or take other human lives: neither as individual or as
group of individuals nor as agency or body formed of agencies: no one and
nothing has that right.
Further, no one and nothing has this power or
authority to force other humans to take part in taking lives for that is what
they are forced to do when they 'execute' someone following death penalty.
Additionally, the one whose life is taken had suffered the torture, the
brutality of being in death row but those the soul leaves behind, children, the
family, friends, colleagues continue to suffer the brutality and inhumanity and
torture that the person had had to endure. And add to this, those who take part
in killing this person: what happens to them? Do they not suffer mental torture
for if they do not they are not humans! They do suffer and they, too, are humans
and the State does not have that right nor the individuals that are members of
that State singly has this power to inflict such infinite torture and burden on
all these groups of humans that suffer the resultant of this barbarity, called,
death penalty. Japan, you the the land of the rising sun: but a place where life
is taken out by law is no place of light. End it. Now.
“Instead of signing further death warrants, Minister of Justice Katsutoshi
Kaneda should listen to the many voices opposing the death penalty, such as the
United Nations and these respected lawyers, and work to end its use in Japan.”
said Hiroka Shoji. Executions in Japan are shrouded in secrecy with prisoners
typically given only a few hours’ notice, but some may be given no warning at
all. Their families, lawyers and the public are usually notified about the
execution only after it has taken place.
Secret executions are in contravention of international standards on the use of
the death penalty. This and the lack of other adequate legal safeguards for
those facing the death penalty in Japan has been widely criticised by UN
experts. This includes defendants being denied adequate legal counsel and a lack
of a mandatory appeal process for capital cases. Several prisoners with mental
and intellectual disabilities are also known to have been executed or remain on
death row.
Amnesty International opposes the death penalty in all cases without exception,
regardless of the nature or circumstances of the crime, the guilt, innocence or
other characteristics of the offender or the method used by the state to carry
out the execution. The death penalty violates the right to life and is the
ultimate cruel, inhuman and degrading punishment.
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The National Pro Bono Week: November 07-11

|| November 05: 2016 || ά.
National Pro Bono Week 2016
is happening in November 07-11. The Week is sponsored by the
Bar Council, the Chartered Institute of Legal Executives:CILEx and the Law
Society. The aim of the week is to celebrate pro bono work undertaken by the
legal profession. Many barristers devote their time to pro bono work, whether
that be providing legal advice or representation for free to those in need, or
by volunteering their skills in another capacity, such as giving careers advice
in schools, acting as a trustee, even coaching a team of students for a mock
trial competition.
The Bar Pro Bono Home Hub has been created in conjunction with the Bar Pro Bono
Board to demonstrate the varied and important work barristers do on a pro bono
basis. The Bar Council established the Bar Pro Bono Board in 2016. The Bar Pro
Bono Unit is the Bar's national charity that makes it possible for barristers to
balance a dedicated practice with making a significant contribution to the
community. We match make members of the public who need help with barristers who
are willing to donate their time and expertise in deserving cases for those who
are unable to obtain legal aid and cannot afford to pay.
The Unit is an application based service which members of the public can access
via referral from advice agencies, law centres, or their local MP. Over 3600
barristers including a third of all QC's have committed to take on pro bono
cases on behalf of our applicants.
The
Bar Pro Bono Unit
The Bar Pro Bono Unit is the Bar’s national charity that makes it possible for
barristers to balance a dedicated practice with making a significant
contribution to the community. We match make members of the public who need help
with barristers who are willing to donate their time and expertise in deserving
cases for those who are unable to obtain legal aid and cannot afford to pay.
The Unit is an application based service which members of the public can access
via referral from advice agencies, law centres, or their local MP. The Unit
ensures that in each case, the barrister providing assistance is of the same
expertise and experience as would be expected in a paying case. Every
application is subject to the same rigorous procedure of checking, reviewing,
communicating with the applicant, allocating to a barrister where appropriate
and closing down once the work is complete.
We are the sole pro bono charity to provide legal assistance in all areas of
law, across all levels from tribunal through to the Court of Appeal and Supreme
Court. Over 3600 barristers including a third of all QC’s have committed to take
on pro bono cases on behalf of our applicants. We do not seek any public funding
and the source of our funding is almost entirely through the Bar.
History
The Bar Pro Bono Unit was established in 1996 by Peter Goldsmith QC, with 350
panel members and premises in Gray's Inn. In the first year the Unit was awarded
the Silver Medal at The Lawyer:HIFAL Awards and by 1998 the Unit's coverage
reached 50 areas of law. By the year 2000 the number of panel members exceeded
1000 and the Bar in the Community scheme was established.
2004 saw the Unit relocate to bespoke premises at High Holborn, with the Free
Representation Unit:FRU alongside. The same year the Unit hosted the first
"Early Bird" plenary seminar on pro bono work held at the Bar Conference and
hosted by the Vice Chairman of the Bar.
The National Pro Bono Centre was created in
2010 and has been at 48 Chancery Lane since October 19, 2010. The Centre houses
the profession’s national clearing houses for legal pro bono work delivered in
England and Wales: the Bar Pro Bono Unit, LawWorks:the Solicitors’ Pro Bono
Group and the CILEx Pro Bono Trust:CILEx PBT.
The coming together of the three branches of the profession, solicitors,
barristers and chartered legal executives, in this way was an unprecedented
move. It helps to improve joined-up thinking, co-ordination, collaborative
working and a more efficient service to all stakeholders in pro bono, members of
the public, and the lawyers and voluntary sector agencies serving the public.
A number of other legal charities, including Access to Justice Foundation,
London Legal Support Trust and Pro Bono Community are also housed within the
Centre. The Centre is designed to be a “hub” for pro bono charities across the
sector and supports the wide range of pro bono projects and brokerage which the
charities support, helping individuals and community groups all over England and
Wales. The office on Chancery Lane provides a central resource for charities who
help people seeking pro bono legal advice and representation.
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Withdrawal from International Criminal Court Could Send
‘Wrong Message’: Ban Ki-moon

Image: UN Photo
|| October 28: 2016 || ά.
Expressing regret over the intention of three
African countries to withdraw from the International Criminal Court:ICC, United
Nations Secretary-General Ban Ki-moon called for strengthening the Court from
within its processes. “Deterring future atrocities, delivering justice for
victims, and defending the rules of war across the globe are far too important
priorities to risk a retreat from the age of accountability that we have worked
so hard to build and solidify.” said Mr. Ban at the start of a Security Council
meeting earlier today on co-operation between UN and regional organisations on
matters of international peace and security.
“The world has made enormous strides in building a global system of
international criminal justice, with the International Criminal Court as its
centrepiece.” he added, recalling the ground-breaking convictions secured by the
ICC and other international tribunals. In his remarks, the UN Secretary-General
said that these and other gains have also been accompanied by setbacks and
shortcomings such as prosecutions taking many years and not all countries
accepting the Court’s jurisdiction. “Even some of those that do accept the ICC’s
jurisdiction, do not always support the Court fully.” he noted.
He also noted the concern raised that the Court has convicted only Africans
despite evidence of crimes in other parts of the world, and stressed that such
challenges are best addressed not by diminishing support for the ICC, but by
strengthening it from within. South Africa on October 24, and Burundi, yesterday
have informed the Secretary-General, who is the depository of the Rome Statute
of the ICC, of their intent withdraw from the Court.
According to a UN spokesperson, official communication from Gambia, the third
country which, according to reports, is intending to withdraw, has not been
received. “I regret these steps, which could send a wrong message on these
countries’ commitment to justice.” said the Secretary-General this morning.
According to ICC, the withdrawal will only come into effect one year after the
official notification. Court’s founding Rome Statute sets out the tribunal’s
jurisdiction over genocide, crimes against humanity, war crimes and, as of an
amendment in 2010, the crime of aggression. In addition to jurisdiction, it also
addresses issues such as admissibility and applicable law, the composition and
administration of the Court, investigations and prosecution, trials, penalties,
appeal and revision, international co-operation and judicial assistance, and
enforcement.
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UN Expert Panel Cites Crimes Against Humanity Committed
by Eritrean Authorities Dating Back 25 Years

Special Rapporteur on the situation of human rights in Eritrea
Sheila B. Keetharuth. Image: UN Photo:Amanda Voisard
|| October 28: 2016 || ά.
Eritrean officials have committed crimes against humanity since 1991, including
enslavement, imprisonment, enforced disappearances, torture, other inhumane
acts, persecution, rape and murder, a member of the former United Nations
Commission of Inquiry on Human Rights in the country reported to UN Member
States. “My plea to you … is for you to pay heed to voices of victims of crimes
against humanity in Eritrea.” said Sheila Keetharuth, presenting the panel’s
final report to the UN General Assembly’s main body dealing with social,
humanitarian and cultural issues:Third Committee.
The three-member Commission, established by the UN Human Rights Council, ended
its mandate in June 2016. Ms. Keetharuth highlighted the Commission’s clear
findings that crimes against humanity have been committed since 1991 by Eritrean
officials, adding that such a dire assessment left no room for “business as
usual” in the international community’s engagement with the Government of
Eritrea. “The crimes of enslavement, imprisonment, enforced disappearances,
torture, other inhumane acts, persecution, rape and murder have been committed
as part of a widespread and systematic campaign against the civilian
population.” she said. “The aim of the campaign has been to maintain control
over the population and perpetuate the leadership’s rule in Eritrea.”
She explained that the Commission has concluded the
Government of Eritrea has neither the political will nor the institutional
capacity to prosecute the crimes documented, and therefore recommends that the
UN Security Council refer the situation in Eritrea to the prosecutor of the
International Criminal Court:ICC and that the African Union establish an
accountability mechanism.
“There is still no constitution, no parliament where laws are discussed,
enacted, and where questions of national importance are debated; indefinite
national service persists, with its adverse impacts on individual rights; there
is no free press and no non-governmental organisations, except for
Government-sponsored ones.” she said.
“The population lives in fear and the Government still controls their daily
life, making the enjoyment of all human rights and fundamental freedoms by all
Eritreans a remote possibility.” she added. She noted that while several foreign
delegations, journalists and others had been invited to visit Eritrea over the
past year, the rampant human rights violations taking place in isolated
locations and detention facilities were not apparent to the casual visitor.
Ms. Keetharuth noted that Eritreans were among the largest numbers of African
nationals seeking asylum in Europe and that the overall recognition rate for
Eritrean asylum seekers in European countries remained high. “The findings of
the Commission underscore that it is not safe to forcibly return those who have
left Eritrea.” she stressed, noting that the Commission’s first report
documented that individuals forcibly repatriated, with a few exceptions, have
been arrested, detained and subjected to ill-treatment and torture.
“I appeal to Member States to grant Eritreans access to their territory and
asylum procedures.” she said, reiterating her call to protect all Eritrean
asylum-seekers from refoulement and to refrain from any forced repatriation to
Eritrea or to third countries where they may still be at risk or unwelcomed.
Ms. Keetharuth is also UN Special Rapporteur on the situation
of human rights in Eritrea. 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
honourary and the experts are not UN staff, nor are they paid for their work.
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General Assembly Can Take Steps to Reduce Violence
Against Persons with Albinism: UN Rights Expert

|| October 26: 2016 || ά.
United Nations human rights expert Ikponwosa Ero
called upon government representatives gathered in New York for the General
Assembly to take swift action to end a growing problem of violence and severe
discrimination against people with albinism. Ms. Ero is the first Independent
Expert appointed by the UN Human Rights Council to monitor, report and advise on
the situation of those worldwide who have albinism. She urged Governments to
address root causes and said: “Given their relative size, cost cannot be an
excuse in addressing the dire straits faced by persons with albinism.”
Her latest report, reviewed today in the Assembly’s main body dealing with human
rights issues, Third Committee, identifies root causes of attacks and
discrimination against people with albinism and points to concrete legal steps
in order to improve the situation. For example, she encourages regulating the
practice of witchcraft in all forms, creating long-term and sustained awareness
raising campaigns, and policies that support mothers of children with albinism.
“Root causes of attacks are found in traditional and culturally entrenched
misbeliefs and misconceptions about albinism such as the myth that persons with
albinism are ghosts, that they do not die but they disappear.” she said. “This
contributes to minimizing the social impact of attacks and justifies alleged
disappearances.” One of the most concerning impacts of beliefs such as these is
that families and communities abandon children with albinism, and sometimes
their mothers as well.
Ms. Ero encourages regulating witchcraft practices that are at the root of such
discrimination. For example, it is believed by some “that drinking the blood of
persons with albinism gives extra magical power; that the bones of persons with
albinism can help discover gold in mines; that their hands are burned to ashes
and mixed in a paste to cure strokes; and that the blood of persons with
albinism is used to boost vitality and intellectual capacity.”
Poverty can also incentivize attacks on members of the population with albinism.
Witchcraft practices such as those she identified have given rise to a black
market that values their body parts; thus, the potential to make money has led
to a strong incentive for attacks.
“Aside from myths, witchcraft practice and poverty, there are also aggravating
factors, including the visibility of persons with albinism, particularly in
regions where they stand out given their pigmentation, the characterization of
persons with albinism in films and literature that perpetuate misconceptions,
impunity and weak judicial response to attacks.” the human rights expert added.
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Declaration by the EU High Representative on South
Africa and Burundi and the International Criminal Court

Federica Mogherini EU High Representative: Image: The EU
|| October 21: 2016 || ά. The
European Union deeply regrets the Republic of South Africa's decision to
initiate its withdrawal from the Rome Statute. We equally note with deep concern
that Burundi has formalised steps to withdraw from the Rome Statute. Until now,
no State has ever withdrawn from the Rome Statute. South Africa played a
significant role in the establishment of the ICC and was one of the first
signatories of the Rome Statue.
We will continue to engage with both countries
on how they can remain partners to the Rome Statute. The International Criminal
Court:ICC is a key institution to assist citizens achieve justice when
confronted with the most serious crimes, where this is not possible at the
national level. A majority of African situations were submitted by the national
authorities concerned. The Court is also involved in situations all over the
world.
We all have a shared interest in strengthening the rule of law and working
together with the ICC, including along the lines suggested by the President of
the Rome Statute's Assembly of States Parties.
The EU and its Member States remain staunch supporters of the ICC and are
committed to full co-operation on the prevention of serious crimes falling under
the jurisdiction of the Court. Where concerns are raised within the framework of
the Rome Statute, we remain open for constructive discussion.
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UN Human Rights Experts Outline Steps to Strengthen
Prohibition and Prevention of Torture

Torture victims undergo rehabilitation at the African Centre
for the Prevention and Resolution of
Conflicts, in Senegal. The centre is funded by the UN Voluntary Fund for Victims
of Torture. Credit: OHCHR
|| October 19: 2016 || ά.
Following a discussion with the main committee of
the United Nations General Assembly responsible for social, humanitarian affairs
and human rights issues affecting people all over the world, three UN human
rights experts briefed reporters in New York, highlighting steps to strengthen
protection against torture. “I encouraged Member States of the UN and human
rights experts to consider the elaboration of a document …which offers the best
practices of interrogation of suspects as well as intervening witnesses and
victims.” UN Special Rapporteur, on torture and other cruel, inhuman or
degrading treatment or punishment, Juan Mendez told journalists at the briefing.
He added that such a document, based on the model of presumption of innocence
and stressing that the objective of a criminal investigation be establishing
truth based on evidence, would not only prevent torture but also other forms of
coercion and mistreatment. Also at the briefing, the chair of the UN
Subcommittee on Prevention of Torture, Malcolm Evans, drew particular attention
to the fact that sites of torture are no longer just limited to “classical
places” within the criminal justice system. “Such sites are now being found
increasingly outside the system, for instance, in the context of irregular
migration or in low-level conflict.” he said.
Mr. Evans also expressed concern at growing reprisals against persons who
co-operate with independent human rights experts in the planning and execution
of their visits to countries to monitor and report on the human rights
situation, and called on countries to ensure that such individuals are not
placed in peril. Both Mr. Mendez and Mr. Evans also expressed concern about the
level of co-operation from countries, particularly, in response to requests for
invitation and in allowing complete and unhindered access to places of detention
in the context of their respective mandates.
Further today, the chair of the Committee against Torture Jens Modvig,
highlighted steps taken by the Committee to become more effective and efficient
and noted that the Committee has held numerous dialogues with States party to
the Convention against Torture to strengthen the implementation of the
Committee’s recommendations. Noting that there has been the implementation of
the recommendations stand between 50 to 60 per cent, Mr. Modvig said: “We
believe that this is a positive indication, the ideal situation would be all
State parties implementation all the recommendations.”
He also reported that a number of African countries have initiated work to
establish legal frameworks against torture and that these are showing an impact
in addressing the prevalence of torture. “These efforts to strengthen …the
prevention and prohibition of torture, I believe that there are reasons for a
certain amount of optimism although much needs to be done before the phenomenon
of torture is finally eradicated,” he said.
The three experts had earlier in the day held an interactive discussion with UN
Member States at the General Assembly’s Third Committee where they discussed
these and other related issues with the UN membership. The Committee against
Torture is a body of independent human rights experts that monitors
implementation of the Convention against Torture by its State parties.
The subcommittee on
prevention of torture:SPT, a body under the Convention’s Optional Protocol, has
a preventive mandate that is focused on a sustained and proactive approach to
the prevention of torture and ill-treatment. Independent experts and Special
Rapporteurs 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 UN staff, nor are they paid for
their work.
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The EU Justice and Home Affairs Council Meeting in
Luxembourg on Today

|| October 13: 2016 || ά.
The EU home affairs ministers are meeting today
at the Justice and Home Affairs Council in Luxembourg, Finland is represented by
Minister of the Interior Paula Risikko. The matters on the agenda are border
management and migration. The ministers will discuss, for example the European
Border and Coast Guard, information systems related to border management and the
reform of the Common European Asylum System. Other issues on the agenda will be
relocation of asylum seekers within the EU and resettlement, i.e. reception of
quota refugees.
Last year, EU countries agreed to the relocation of 160,000 asylum seekers
within the EU: 39,600 will be relocated from Italy and 66,400 from Greece to
other Member States. Negotiations on the rest of the relocations are still
underway. In addition, the Schengen countries agreed on resettlement of about
22,000 refugees. Finland has done its share in the agreed resettlement.
Relocation of asylum seekers is also going very well. Other Member States also
need to sharpen their focus and do their part. It is unbearable if the agreed
measures are not implemented, Ms Risikko stresses.
In connection with the meeting, Finland will sign a mobility partnership with
Belarus together with the EU and six other Member States. This partnership aims
to support Belarus to develop its migration administration and to step up the
fight against illegal immigration and human trafficking.
Finland has actively supported the EU's comprehensive migration and asylum
policy targeted at third countries. The mobility partnership to be signed
continues this work. The EU has concluded similar partnerships previously with
many countries, such as Tunisia, Armenia and Cape Verde. This is the first time
Finland is a signatory.
Inquiries: Laura Yli-Vakkuri, Director General, tel. +358 40 720 2216,
firstname.lastname at intermin.fi:
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OHCHR Calls for Independent Inquiry Following Numerous
Deaths at an Ethiopian Festival

Women fill their containers at
a water collection point in the Oromia region of Ethiopia. Image: OCHA
Ethiopia:Zelalem Letyibelu
|| October 07: 2016 || ά.
Expressing concern at increasing unrest in
several Ethiopian towns following deaths of a number of people in unclear
circumstances in the country’s Bishoftu town, OHCHR has called on protesters to
exercise restraint and on security forces to conduct themselves in line with
international human rights laws and standards. “The protests have apparently
been fuelled in part by a lack of trust in the authorities’ account of events,
as well as wildly differing information about the death toll and the conduct of
security forces,” Rupert Colville, a spokesperson for the Office of the UN High
Commissioner for Human Rights:OHCHR told journalists at a regular press briefing
at the UN Office at Geneva:UNOG.
“There is clearly a need for an independent investigation into what exactly
transpired last Sunday and to ensure accountability for this and several other
incidents since last November involving protests that have ended violently,” he
added. According to OHCHR, last Sunday, a number of people died after “falling
in ditches or into the Arsede lake” while ostensibly fleeing security forces
following a protest at the Irrecha religious festival in Bishoftu, located in
the Oromia region, about 50 kilometres south-east of the Ethiopian capital,
Addis Ababa. These incidents have caused increased unrest in several other towns
in the region.
Furthermore, drawing attention to the cutting off access to mobile data services
in parts of the country, including in Addis Ababa, the OHCHR spokesperson urged
the Government to address the increasing tensions, including “by allowing
independent observers to access the Oromia and Amhara regions to speak to all
sides and assess the facts.”
He recalled that in August this year, High Commissioner Zeid Ra'ad Al Hussein
had requested access to the regions to enable OHCHR to provide assistance in
line with the African nation’s human rights obligations. “We again appeal to the
Government to grant us access,” Mr. Colville underscored. Also at the briefing,
the OHCHR spokesperson expressed concern at reports of mass arrests in the
Oromia and Amhara regions.
He further noted that two bloggers, Seyoum Teshoume and Natnael Feleke, the
latter from the blogging collective Zone Nine, were arrested this week, for
reportedly “loudly discussing” the responsibility of the Government for the
deaths at last Sunday’s festival in Oromia. “We urge the Government to release
those detained for exercising their rights to free expression and opinion,” said
Mr. Colville, adding, “Silencing criticism will only deepen tensions.”
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Reports That Yahoo Aided US E-mail Surveillance Draw Concern of UN Human
Rights Expert

Image: UN Photo
|| October 07: 2016 || ά.
The Senior United Nations expert of free expression said today that reports that
Yahoo complied with United States intelligence demands by searching the e-mails
of hundreds of millions of customers “raise serious human rights concerns.”
According to reports, Yahoo customised software to scan all incoming e-mail
traffic for information responsive to criteria provided by the US National
Security Agency or the Federal Bureau of Investigation, said a news release
issued by the Office of the UN High Commissioner for Human Rights:OHCHR.
“Government monitoring of digital communications, when conducted as described in
recent reports, could undermine the privacy that individuals depend on in order
to seek, receive and impart information online,” the UN Special Rapporteur on
the right to freedom of opinion and expression, David Kaye, said, adding: “Based
on the allegations reported, I have serious concerns that the alleged
surveillance fails to meet the standards of necessity and proportionality for
the protection of legitimate government interests.”
In a 2013 report to the UN Human Rights Council on communications surveillance,
the previous special rapporteur, Frank La Rue, concluded that government “access
to communications data held by domestic corporate actors should only be sought
in circumstances where other available less invasive techniques have been
exhausted.”
Mr. Kaye said that Yahoo’s apparent accession to government surveillance
requests, without evident legal challenge, also raises concern about the
involvement of technology companies in questionable government programmes that
impact freedom of expression, recalling his June 2016 report on the private
sector and freedom of expression in the digital age.
“States place undeniable pressures on the private information and communication
technology sector that often lead to serious restrictions on the freedom of
expression,” the 2016 report stated. Mr. Kaye reiterated that companies in all
areas of the industry “are capable of establishing and exercising varying
degrees of leverage in their relationships with States to resist or mitigate the
harm caused by abusive application of the law.”
His report also highlighted that private entities should be evaluated on the
steps they take both to promote and undermine freedom of expression, even in
hostile environments unfriendly to human rights. Independent Experts and Special
Rapporteurs, are appointed by the Human Rights Council to examine and report
back on a country situation or a specific human rights theme. The positions are
honorary and the experts are not UN staff, nor are they paid for their work.
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Repealing Anti-Abortion Laws Would Save the Lives of
Nearly 50,000 Women a Year: UN Experts
|| September 27: 2016 || ά. Warning
that unsafe abortions kill nearly 50,000 women each year, United Nations human
rights experts today called on States across the world to repeal restrictive
abortion laws and policies, and all punitive measures and discriminatory
barriers to access safe reproductive health services.
“Criminalisation of abortion and failure to provide adequate access to services
for termination of an unwanted pregnancy are forms of discrimination based on
sex,” they said in a joint statement on the eve of the Global Day of Action for
Access to Safe and Legal Abortion.
“Restrictive legislation which denies access to safe abortion is one of most
damaging ways of instrumentalising women’s bodies and a grave violation of
women’s human rights. The consequences for women are severe, with women
sometimes paying with their lives” they said.
The experts are: Alda Facio, Chair-Rapporteur of the Working Group on
discrimination against women in law and in practice; Dainius Pûras, Special
Rapporteur on the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health; and Juan E. Méndez, Special Rapporteur
on torture and other cruel, inhuman or degrading treatment or punishment.
“In the 21st century, unsafe abortion is one of the leading causes of maternal
mortality and morbidity,” they said, noting that according to the UN World
Health Organisation:WHO, about 22 million unsafe abortions take place each
year globally and some 47,000 women die from complications from the resort to
unsafe practices.
Restrictive laws apply to 40 per cent of world’s population. In countries which
prohibit it, women who seek health services for an abortion, whether to carry
out the termination or seek medical care after a miscarriage, may be subjected
to prosecution and imprisonment.
Prohibition does not reduce the need and the number of abortions, it merely
increases the risks to the health and life of women and girls who resort to
unsafe and illegal services, the experts said, calling evidence-based
comprehensive sex education and availability of effective contraception
essential to lower the incidence of unintended pregnancy, and hence abortions.
“Indeed, it has been demonstrated that countries where access to information and
to modern methods of contraception is easily available and where abortion is
legal, have the lowest rates of abortion,” they added.
“The possibility of accessing safe abortion remains essential. Unwanted
pregnancies cannot be totally prevented since no contraceptive method is 100 per
cent effective, and women may be exposed to sexual violence,” the experts said.
They recommend the practice in many countries providing women’s access to safe
abortions on request in the first trimester of pregnancy.
“We insist on international legal requirements that women can access abortion at
the very least in cases of risk to their life or health, including mental
health, rape, incest and fatal impairment of the foetus during the first
trimester and later,” they stressed.
“We cannot tolerate the severe violation of women’s human rights on the basis of
their sex and biological differences. We cannot tolerate the high incidence of
women’s and girls’ preventable deaths resulting from maternity-related issues,
including from unsafe abortion,” said the 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 UN
staff, nor are they paid for their work.
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The Practical Guide to Humanitarian Law: Now
Accessible Online

|| September 26: 2016: MSF News || ά.
The Practical Guide to
Humanitarian Law was published for the first time by Françoise Bouchet-Saulnier
in 1998. Regularly updated, and translated into several languages, the latest
edition has now been developed into a
free, publicly accessible website.
Written from the perspective of victims and those who provide assistance to
them, the Practical Guide presents the rules of humanitarian law applicable to
the protection and assistance of victims of conflicts and crisis in accessible
and reader-friendly alphabetical entries.
It analyses how international humanitarian law has evolved in the face of new
challenges to international peace and human security related to the war on
terror, new forms of armed conflict and humanitarian action, the emergence of
international criminal justice, and the reshaping of fundamental rules in a
multipolar world.
An unprecedented work, intended for journalists, policy makers, opinion leaders,
relief workers, members of humanitarian organisations, practitioners, war
leaders and servicemen among others.
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OHCHR 'Deeply Worried' About Situation in Cambodia

Image: UN Photo
|| September 06: 2016 || ά.
Expressing concern over recent incidents of intimidation
of opposition politicians and their supporters, civil society, and peaceful
demonstrators in Cambodia, the Office of the UN High Commissioner for Human
Rights:OHCHR has called on the authorities to create an environment that is
conducive the enjoyment of human rights.
“An increase in rhetoric by high-level army officials, who have vowed to defend
the ruling party against political opposition, is deeply worrying,” Ravina
Shamdasani, a spokesperson for the OHCHR, said at a regular press briefing in
Geneva today, referring to a strong show of force recently conducted by the
country's armed forces at the headquarters of the main opposition party, the
Cambodia National Rescue Party:CNRP.
“We remind the Government of its duty to take measures to ensure the safety of
all Cambodians, particularly high profile political opponents,” she added.
The UN Spokesperson also said that the Government has invoked concerns about
public security to block peaceful protests and to arrest and charge
demonstrators, and that, yesterday, the authorities set up roadblocks and
mobilized troops in an attempt to block a CNRP event and arrested some 20 people
in connection with two unrelated protests in the capital Phnom Penh.
“We urge the Government to create an environment conducive to the enjoyment of
freedom of expression, peaceful assembly and association, which are particularly
critical in a pre-electoral context,” added Ms. Shamdasani, referring to the
local and national elections to be held in 2017 and 2018.
Additionally, referring to a number of legal charges brought against CNRP's
Acting President, Kem Sokha and 29 other members or supporters of the party,
fourteen of them have been convicted and given heavy prison sentences, she urged
the authorities to strictly adhere to international fair trial standards during
the criminal proceedings, including ensuring transparency in the administration
of justice.
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Head of OHCHR Calls for International Probe into Alleged Violations in Yemen

|| August 25: 2016 || ά.
Underlining the seriousness of alleged breaches of
international humanitarian law and international human rights law in Yemen, the
United Nations High Commissioner for Human Rights has called on the
international community to establish an international, independent body to carry
out comprehensive investigations in the country.
“Civilians in Yemen continue to suffer, absent any form of accountability and
justice, while those responsible for the violations and abuses against them
enjoy impunity,” High Commissioner Zeid Ra'ad Al Hussein said today in a news
release issued by his office:OHCHR. “Such a manifestly, protractedly unjust
situation must no longer be tolerated by the international community,” he added.
The UN human rights chief's call comes as his office:OHCHR released today, a
report on the situation of human rights in the country which outlines a number
of serious allegations of violations and abuses committed by all sides to the
conflict in Yemen and highlights in particular their impact on civilian lives,
health and infrastructure.
It contains examples of the kinds of possible violations that have occurred
between July 01, 2015 and June 30, 2016, including attacks on residential areas,
marketplaces, medical and educational facilities, and public and private
infrastructure; the use of landmines and cluster bombs; sniper attacks against
civilians; deprivation of liberty, targeted killings, the recruitment and use of
children in hostilities, and forced evictions and displacement.
“The perpetuation of the conflict and its consequences
on the population in Yemen are devastating,” the report stated, adding: “The
international community … has a legal and moral duty to take urgent steps to
alleviate the appalling levels of human despair.” The report also noted that in
several of the documented military attacks, OHCHR was unable to identify the
presence of possible military objectives.
“In numerous situations where military targets could be identified, there remain
serious concerns as to whether the incidental loss of civilian life, injury to
civilians and damage to civilian objects that could be expected from the attack
were not excessive in relation to the anticipated concrete and direct military
advantage apparently sought,” it added.
Furthermore, while a national commission of inquiry was established in September
2015 by the President of Yemen, the report found that the commission did not
enjoy the co-operation of all concerned parties and could not operate in all
parts of the country. “It was thus unable to implement its mandate in accordance
with international standards,” said the news release.
It further noted that the High Commissioner also urged all parties to the
conflict to work towards a negotiated and durable solution to the conflict in
the best interest of the Yemeni people and to ensure full respect for
international humanitarian law. According to the UN human rights arm, between
March 2015 and August 23, 2016, an estimated 3,799 civilians have been killed
and 6,711 injured as result of the war in Yemen. Furthermore, at least 07.6
million people, including three million women and children are currently
suffering from malnutrition and at least three million people have been forced
to flee their homes.
Following nearly 16 months of conflict in Yemen, the cessation of hostilities
was declared on April 10. While peace talks between a Yemeni Government
delegation and a delegation of the General People's Congress and Ansar Allah
continued, serious violations have occurred in Marib, al Jawf, Taiz and in the
border areas with Saudi Arabia. Those UN-facilitated talks ended on August 06.
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OHCHR to Bangladesh: Annul Death
Sentence Against Opposition Member |
The Humanion to Bangladesh: It is
Time Bangladesh End Death Penalty Itself |
|| August 24: 2016 || ά.
Amid reports that the
trial of Mir Quasem Ali, a senior opposition member, and its appeal processes
were marred with irregularities and failed to meet international fair trial and
due process standards, a group of United Nations human rights experts have urged
the Government of Bangladesh to annul the death sentence imposed upon him, and
to re-try him in compliance with international standards.
“International law, accepted
as binding by Bangladesh, provides that capital punishment may only be imposed
following trials that comply with the most stringent requirements of fair trial
and due process, or could otherwise be considered an arbitrary execution,” they
said in a news release issued yesterday by the Office of the United Nations High
Commissioner for Human Rights:OHCHR.
The Humanion understands and
accepts that Bangladesh is right to seek to try to bring those to justice who
committed the severest form the most hyenas of crimes such as atrocities,
including genocide, war crimes and crimes against humanity and about which the
world may not be as aware after all this time elapsing, and these accused are
being tried at the Bangladesh International Crimes Tribunal:ICT.
However, the very purpose of
democracy and seeking to achieve justice is to enable due process of law. If
that fails the very point that Bangladesh is seeking to achieve is lost. Even
those who committed genocide and such other horrible crimes must be given a fair
trial and all the judicial safeguards so that the due process is 'duly' at work
and it is seen to be 'duly' at work. If that fails Bangaldesh does great
disservice to herself; for Bangladesh has chosen the path of democracy and there
is no short cut to this democratic path. Due process of law is the earth on
which the tree of democracy lives on.
And on this, The Humanion
invites Bangladesh Government to sincerely begin contemplation of ending death
penalty all together for democracy and death penalty stand as anathema. That
what you cannot give, you cannot take. Life sentence is enough of a punishment.
End death sentence and end it now. And in this instance of OHCHR call about this
case, pay regard for there is no short cut way to become a strong democracy. One
may seek to get a short cut but it only short changes one. Follow due process of
law dictated by democracy, democratic values and culture. Criminals must be
punished but the system that delivers that punishment must do so with the
'fairest' of hands. Without due process in action that does not, and never,
happens and it weakens the jurisprudential principle and culture Bangladesh is
seeking to establish.
The experts' request comes as the Supreme Court prepares to review Mr. Ali's
case on August 24. He was sentenced to death in 2014 by the Bangladesh
International Crimes Tribunal:ICT for crimes against humanity committed during
the 1971 Bangladesh Independence War. The decision was confirmed by the
Appellate Division of the Supreme Court on March 08, 2016.
“The death penalty is the most severe form of punishment,” they stressed. “In
light of its irreversibility, every measure must be taken to ensure that all the
defendants before the International Crimes Tribunal, including the Appellate
Division, have received a fair trial.” In the news release, the experts recalled
that the Working Group on Arbitrary Detention found in 2012 that Mr. Ali's
deprivation of liberty was arbitrary and in breach of articles 9 of the
Universal Declaration of Human Rights and the International Covenant on Civil
and Political Rights.
“We regret the Government's non-compliance with the expert group's
recommendations to remedy the situation of Mr. Ali, and call upon the
Bangladeshi authorities to respect their international obligations,” they added.
The UN human rights experts also expressed alarm at reports that Mr. Ali's son
and part of his legal defence team, Mir Ahmed Bin Quasem, was abducted from his
home on 9 August by Bangladeshi security forces, two weeks before his father
review hearing.
“We understand that no information has been given on where he is being held, by
whom or under what suspicion or charge. We urge the authorities to immediately
disclose the whereabouts of Mr. Quasem,” they said. The news release further
added that the UN human rights experts have on several occasions expressed alarm
regarding serious violations of fair trial and due process guarantees in the
judicial proceedings before the ICT that were reported to them.
The ICT is a special domestic court with the jurisdiction to try and punish any
person accused of committing atrocities, including genocide, war crimes and
crimes against humanity in the country. It has sentenced 17 individuals to death
for crimes committed during the Independence war.
In the past three years, five of those convicted by the ICT have been executed.
The experts voicing their concern include: Agnes Callamard, Special Rapporteur
on extrajudicial, summary or arbitrary executions; Mónica Pinto, Special
Rapporteur on the independence of judges and lawyers; Juan E. Méndez, Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment; Sètondji Roland Adjovi, current chairperson of the Working Group on
Arbitrary Detention, Working Group on Enforced or Involuntary Disappearances
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 UN
staff, nor are they paid for their work.
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