Rick Halperin
2018-09-10 13:39:32 UTC
September 10
BANGLADESH:
7 sentenced to death for murdering Gazipur businessman
A Gazipur court has sentenced 7 men to death, and 1 to 5 years in jail, for
killing local businessman, Milon Bhuiya, for money.
Those who have received the maximum penalty are: Mohammad Ali Hossain alias
Hossain Ali, 27, Rajib Hossain Raju, 22, Kaiyum, 25, Mohammad Ali alias Chhoto
Ali, 20, Rajib Hossain, 22, Faruk Hossain, 25, and Shafiqul Islam Parvez, 26.
Another convict, Masum alias Mama Masum, who received a jail term for his role
in Milon's murder, is absconding.
The District and Sessions Judge's Court cleared 2 others - Enamul Haq and
Shamsul Haq - of charges, on Monday.
Case documents show that the convicts stopped Milon at the gate of Bhawal
National Park on the evening of February 26, 2011 and attacked him with sharp
weapons.
Milon was rescued by his relatives but died on the way to hospital.
His maternal uncle, Aktar Hossain, filed a murder case with Joydebpur police.
The Detective Branch (DB) took over the investigation but the case was later
shifted to CID after the DB failed to solve it.
CID Inspector Nazmul Haq pressed charges against 10 persons in court on April
22, 2015.
(source: Dhaka Tribune)
SRI LANKA:
UN disturbing by Sri Lanka's plans to resume use of the death penalty
"In Sri Lanka, although the authorities have moved too slowly towards
meaningful implementation of the transitional justice agenda, the Office of
Missing Persons has now begun consultations and institutional capacity-building
to fulfil its mandate," said in her 1st speech delivered by the newly appointed
UN High Commissioner for Human Rights Michelle Bachelet to the 39th session of
the Human Rights Council.
"We look to that Office to work quickly, to begin to provide answers to the
families of the disappeared. Legislation establishing an Office for Reparations
is also underway. More progress in advancing accountability and truth-seeking
could have great weight in the long-term stability and prosperity of the
nation. Recurrent incidents of racist and inter-communal violence are
disturbing, as are announced plans to resume use of the death penalty," she
added.
Here is the full text of the opening Statement by the newly appointed UN High
Commissioner for Human Rights Michelle Bachelet to the 39th session of the
Human Rights Council
It is an honour to be called to this mandate, to assist States to uphold the
human rights of their people, in this year in which we celebrate the 70th
anniversary of the Universal Declaration of Human Rights.
The Universal Declaration is a commitment to values and policies that have
delivered tremendous benefit to millions of people. This Council, my Office,
and every Member State of the United Nations must continue to push forward with
that work. The future of our world depends upon it.
I want to acknowledge the courage and the achievements of my predecessor, High
Commissioner Zeid. His activism, humanity and formidable intelligence have
advanced the cause of human rights, and brought great access and impact to our
Office. He truly became the spokesman for those who are voiceless: the victims
of human rights violations.
Their needs and rights should always be the central focus of our work. Human
rights express the core purpose of the United Nations: we can only attain
peace, security and sustainable development for all societies when we advance
the dignity and equality of all human beings. In the course of my work, I fully
intend to honour both the spirit and the practises established by my
predecessors.
I bring to this mandate my experience in public service and my lifelong
dedication to reversing hatred and ensuring equality and respect for all.
I have been a political detainee and the daughter of political detainees. I
have been a refugee and a physician - including for children who experienced
torture, and the enforced disappearance of their parents. I have headed a
United Nations body, and I have been honoured to lead my country, twice, as its
President.
This is the eve of the day on which we Chileans mark the memory of the coup
d'etat, 45 years ago, and the ensuing years of brutal oppression and bloodshed.
My country has known the pain and terror of tyranny. But I am proud to say we
have been able to surmount divisions and meet vast challenges - shaping
institutions which enable greater participation, and greater freedom, justice
and dignity, for our people.
And so I bring to the cause of human rights the diversity of cultures that have
nourished my approach to public service. I bring my commitment to bridging the
differences between communities, and promoting respect, well-being and freedom.
I bring my fundamental attachment to the courage, the dignity and selflessness
of all defenders and activists for human rights.
I bring my absolute conviction that cooperation between all actors, through
multilateral institutions, can solve the complex challenges that face the
world, and that by working to uphold human rights, my Office - like this
Council - can ensure more just and respectful societies, living together in
sustainable development and security.
Good governance is based on identifying and amending gaps in access to justice,
dignity and equality - so that all can live in more respectful and harmonious
societies, and enjoy development that is more dynamic and sustainable.
Good doctoring is based on building resilience: strengthening healing processes
and intervening to interrupt symptoms of pathology.
And human rights are a powerful medicine, which heals wounds and develops
resilience.
Political differences may divide some of the countries in this room. But
upholding human rights is in the interest of every State. Your peoples seek a
common agenda: rights, sustainable development and peace.
We can only progress towards that vision together. If we undermine multilateral
institutions such as this one, we will fail to meet the challenges our people
face.
I have deeply admired much of the work done by this Council, with its
mechanisms and experts. The Universal Periodic Review ensures ground-breaking
scrutiny of the human rights record of every State in the world. The inquiries
led by the Council's fact-finding expert missions and Special Procedures have
uncovered essential facts which must be addressed, and have pointed to
recommendations that it is essential to apply.
Your expanding agenda and increased workload are not only a testament to the
world's failures to uphold human rights; they are also a mark of your
importance.
I am convinced that this Council must strive for consensus. I believe there
should be more engagement by all Member States - not sterile disputes; not
withdrawals; but collective, coordinated and cooperative work to sustain core
principles and common goals.
Kofi Annan, for whom I had the deepest respect, often pointed out that in our
complex, globalised world,"no country, no matter how powerful or wealthy" can
hope to solve the issues which face States. I quote, "Governments have to show
the courage and vision to look beyond themselves to find solutions, and put in
place new frameworks and rules".
The most effective solutions are grounded in principle and in openness, in
collective agreements and coordinated actions.
And I know that consensus is possible.
I know that military leaders can commit to ending military intervention in
democratic politics, and work to reconcile with the victims of oppression.
I know that centuries of prejudice and discrimination - against women, against
the peoples of the Global South and many other discriminated and exploited
groups - can be pushed back. This is work that has advanced in the past, and
must move forward today.
It is States which have the primary responsibility for upholding the rights of
their people. I will always listen to the concerns of Governments. As a former
Head of Government and Head of State, I have shared some of these concerns and
faced some of the same challenges.
But above all, I will advocate for the civil, political, economic, social and
cultural rights that are the inherent entitlements of all people. I will strive
to be their voice and their strong defender, in complete objectivity, without
fear or favour, and to urge all States to protect and promote all human rights,
without distinction.
This Council, too, has the responsibility to speak out against every instance
of human rights violations, regardless of sex, gender identity, race or
ethnicity, religion, disability or migration status, or other characteristic.
Irrespective of the type of political regime in a given country, the Human
Rights Council has the duty to advocate and to assist transformative
improvements in upholding all rights.
These rights extend from the frontiers of the digital universe to the abject
poverty of the rooms where mothers die in childbirth, because insufficient
resources are allocated for their care.
They include the prevention of conflicts, so often grounded in discrimination,
inequality and injustice.
They include protection from and mitigation of the effects of climate change;
work to uphold the rights of children, rights to health and to fundamental
services; and measures which enable development by upholding the people's right
to freely participate in making decisions on all matters that affect them.
We cannot pick and choose from among our people's inalienable rights. They
build on each other.
Measures to promote equality drive powerful, sustainable economic development
to which every member of society can fully contribute.
Access to the best quality education, and to economic and social rights, helps
diminish despair, mistrust and violent extremism.
It is by building access to all human rights that society becomes stronger and
more able to resist unpredictable shocks.
And although there may be legitimate divergences regarding the best ways of
achieving these transformations, the principles which anchor them remain
absolutely clear and invariable.
We stand on a sound foundation. Much work has already been accomplished ??? by
my Office, including by its 72 field presences around the world; by this
Council and its mechanisms; by the Treaty Body Committees; and by the civil
society activists represented in this room and those across the world.
I hope to reinforce our common understanding. We can surpass national borders.
We can promote more multilateralism, more cooperation, more dialogue, more
consensus and more coordinated action.
We can build new strategies and stronger tools for prevention, early
intervention and also accountability. I firmly believe that the power of
justice can deter and prevent even the worst violations and crimes.
We can - we must - push forward with the implementation of States' commitments.
Norms and laws are vital, but they must be applied. I am convinced that by
building up national institutions, we can ensure powerful constituencies for
rights, which can contribute to making rights real.
This is a time of many setbacks for human rights. But it is also one of great
opportunity.
We stand on a strong, vital and living body of law and norms, which reflect the
universal values that bind humanity. The Covenants, the seven other core human
rights treaties, and the recommendations of all UN human rights bodies and
experts, are fundamental contributions to the work of preventing, mitigating
and ending human rights violations - including the inequalities and
discriminations which torment so many of our fellow human beings.
The voice of the Office of the High Commissioner is powerful in its authority,
legitimacy and objectivity. And it is far from the only voice that is raised in
support of rights.
The new reforms underway at the United Nations present an opportunity to
advocate, as powerfully as we can, that a human rights approach be at the
centre of the work of our UN partners.
The recommendations of the Treaty Bodies, and the Council's Special Procedures
and Universal Periodic Review, are increasingly integrated into coordinated
tools, to enable better adoption by States, UN Country Teams and other actors.
In humanitarian operations, the UN is adopting the "New Way of Working" which
seeks to join up development, humanitarian and human rights approaches to these
difficult situations.
The 2030 Agenda makes the direct road from discrimination to inequality and
under-development absolutely clear. It opens a tremendous opportunity for
greater integration of human rights goals, including the recommendations of the
human rights mechanisms, into national policies and the work of the UN.
The Sustainable Development Goals will not progress without discussion of and
progress on the so-called "sensitive" issues of human rights. I know this as a
former Head of State and Head of Government: development must focus, above all,
on the well-being and rights of the people.
The Global Compact for Migration, which is due to be adopted in December,
offers hope for better and more effective governance of migration. It is a
balanced human rights document with achievable, detailed policies to reduce the
vulnerability of many of the world's 258 million migrants - and minimize the
human rights violations which so often drive their flight.
Historically, people have always moved in search of hope and opportunities.
Erecting walls; deliberately projecting fear and anger on migrant communities;
denying migrants fundamental rights by limiting their right to appeal,
curtailing their right to non-refoulement, separating and detaining families,
and cutting integration programmes: such policies offer no long-term solutions
to anyone - only more hostility, misery, suffering and chaos.
It is in the interest of every State to adopt migration policies that are
grounded in reality, not in panic; which provide opportunities for safe,
regular movement instead of forcing people to take lethal risks.
Among the major strengths of both the 2030 Agenda and the Global Compact is
that they are commitments by States to work together - and change, together. As
this Council session begins, the rapidly growing numbers of people fleeing both
Venezuela and Nicaragua once again demonstrate the need to constantly uphold
human rights. Yes, it is urgent to help receiving States to solve the many
challenges raised by such movements. But it is also fundamental to address the
reasons why people are leaving. In both these countries, the Office urges the
Human Rights Council to take all available measures to address the serious
human rights violations which have been documented in recent reports.
Regarding Venezuela, an estimated 2.3 million people had fled the country by 1
July - roughly 7 % of the total population - due largely to lack of food or
access to critical medicines and health care, insecurity and political
persecution. This movement is accelerating. In the 1st week of August, more
than 4,000 Venezuelans per day entered Ecuador; 50,000 Venezuelans reportedly
arrived in Colombia over a 3 week period in July; and 800 Venezuelans per day
are now reported to be entering Brazil. Cross-border movement of this magnitude
is unprecedented in the recent history of the Americas, and the vulnerability
of those who leave has also increased: elderly people; pregnant women;
children, including unaccompanied minors; and persons with health problems are
crossing the border in increasing numbers.
Since publication of our latest report on Venezuela, in June, the Office has
continued to receive information on violations of social and economic rights -
such as cases of deaths related to malnutrition or preventable diseases - as
well as on violations of civil and political rights, including arbitrary
detentions, ill-treatment and restrictions to freedom of expression. The
Government has not shown openness for genuine accountability measures regarding
issues documented by the Office during the 2017 mass protests.
The number of people fleeing Nicaragua is also increasing exponentially, as a
result of the ongoing crisis in the country, including the deterioration of
human rights. 2 weeks ago, the Office released a report documenting
disproportionate use of force by the police; extrajudicial killings; enforced
disappearances; widespread arbitrary or illegal detentions; widespread
ill-treatment, and instances of torture and sexual violence, in detention
centres; obstructions to medical care; and violations of freedoms of peaceful
assembly and expression, such as the criminalization of human rights defenders,
journalists and protestors considered critical of the Government. Some 400
people have been killed and at least 2000 injured. We regret the government's
decision last week to expel our team, and call on the Council to strengthen its
oversight on the country. In the meantime the Office will continue documenting
human rights violations in Nicaragua from outside the country.
In such circumstances, the Global Compact provides for regional and
international cooperation to set up prompt, humane reception of all people
arriving at their borders, with respect for their human rights; and to develop
mechanisms for admission and stay based on the need for human rights
protection. The Office is eager to assist States to realise these commitments
by building national capacity - including, for example, by training border
guards and law enforcement personnel who work in border areas to uphold and
respect the human rights of all, and by providing practical guidance for
national implementation plans, based on our monitoring and assessment.
The decision by the United States and Hungary to refuse to sign the Compact is
deeply regrettable.Australia, a member of this Council that has suggested it
might withdraw, should join the consensus of the global community, adopt the
Compact and revise the country's policies with respect to people arriving at
its borders without a visa. The current offshore processing centres are an
affront to the protection of human rights.
In June, the Government of Hungary adopted additional measures to enable the
authorities to arrest, criminally charge and immediately remove from Hungary's
border area any lawyer, adviser, volunteer or legally resident family member
suspected of helping a person to make an asylum claim, obtain a residence
permit, or take other perfectly legal actions. We are also aware of shocking
reports that in recent weeks,food has been withheld from migrants held in
transit zones on the Hungarian-Serbian border.
The United States has halted the unconscionable practice of separating
immigrant children from their families. But the authorities have still not
taken measures to provide redress for the families whom it has victimised; and
over 500 migrant children taken away from their parents by US officials have
still not been returned to their families. Of further concern is the
announcement last week that the government would no longer abide by a court
settlement limiting detention of children to 20 days.
The European Union should be encouraged to establish a dedicated humanitarian
search and rescue operation for people crossing the Mediterranean, and to
ensure that access to asylum and to human rights protection in the EU is
guaranteed. The Government of Italy has been denying entry to NGO rescue ships.
This kind of political posturing and other recent developments have devastating
consequences for many already vulnerable people. Although the number of
migrants crossing the Mediterranean has fallen, the fatality rate for those
making this treacherous crossing has in the first 6 months of this year been
even higher than previously.
Prioritising the return of migrants from Europe, without ensuring that key
international human rights obligations are upheld, cannot be considered a
protection response. The Office expects to dispatch a team to Austria to assess
recent developments in this area. We also intend to send staff to Italy, to
assess the reported sharp increase in acts of violence and racism against
migrants, persons of African descent and Roma. The shocking recent outbreak in
Germany of anti-migrant violence, which appears to have been stoked by
xenophobic hate speech, is worrying. The EU Commission's recent acknowledgment
that Libyais not a safe place for return is welcome. Migrants in Libya continue
to be exposed to unlawful killings, deprivation of liberty, torture, sexual
violence, forced labour, extortion and exploitation by both State and non-State
actors, in total impunity, and it is unworthy of any State to deliberately send
men, women and children to face such risks. The Council will be briefed on the
human rights situation in Libya later in the session.
In the context of the EU's ongoing discussions to establish so-called "regional
disembarkation platforms", the prospect of the EU outsourcing its
responsibility to govern migration to States with weak protection systems is
disturbing. Without prejudice to the ongoing discussions, the authorities
should recall that respect for the rights of all migrants must be assured,
including those in the most vulnerable situations, and processes must be
established to ensure that relevant actors be held to account if they fail to
meet basic international standards.
Above all, States should adopt a more thoughtful approach, and seek
constructive, long-term, sustainable solutions. Governments should focus on
expanding regular channels and pathways for movement. The economic argument is
clear: migration powerfully contributes to economic growth and other social and
cultural aspects of development. An aging population and low birth-rates make
those contributions essential.
This Council session will be apprised of the deeply shocking findings of the
Independent International Fact-Finding Mission on Myanmar. The Mission has
determined that many of the gross human rights violations, and serious
violations of international humanitarian law, in Kachin, Shan and Rakhine
states amount to the gravest crimes under international law. In addition to
crimes against humanity and war crimes - reported to have been committed in all
3 states - there is strong evidence indicating genocide, extermination and
deportation of the Rohingya. It is shocking that journalists involved in
documenting some of the massacres which occurred have been prosecuted, and now
given a harsh sentence. They should be immediately released. Attacks and
persecution appear to be continuing in Rakhine: at least 12,000 new Rohingya
refugees have fled to Bangladesh so far this year. In Kachin and Shan States,
the Fact Finding Mission found indications of extrajudicial execution and
unlawful killings, torture and other forms of ill-treatment, including against
children ; sexual violence; arbitrary arrests; and forced labour. The
persistence of these patterns of violations underscores the total impunity
accorded to the Myanmar security forces.
I emphasise the imperative of justice for Myanmar. I welcome the Pre-Trial
Chamber of the International Criminal Court's finding that the Court has
jurisdiction over the alleged deportation of Rohingya from Myanmar, and
possibly other crimes. This is an immensely important step towards ending
impunity, and addressing the enormous suffering of the Rohingya people. I also
welcome efforts by Member States at this Council to establish an independent
international mechanism for Myanmar, to collect, consolidate, preserve and
analyse evidence of the most serious international crimes, in order to expedite
fair and independent trials in national and international courts. This
mechanism would also complement and support the preliminary examination of the
ICC Prosecutor. I urge the Council to pass a resolution, and refer the matter
to the General Assembly for its endorsement, so that such a mechanism can be
established.
In Bangladesh - a country to be commended for hosting so many refugees and for
its success in poverty reduction - student protestors and media professionals
have in recent months been attacked, arrested, charged with defamation and,
reportedly, ill-treated. The perpetrators of this violence must be held
accountable to prevent recurrence. The Government should do more to ensure
freedom of expression, which is indispensable for free and fair elections.
Troubling reports also indicate that an anti-narcotics drive has led to over
220 killings, and thousands of arrests, with allegations of extrajudicial
executions.
Drug issues everywhere are best tackled through a focus on health, education
and opportunities - not the death penalty, or death squads. The Office has
submitted a report to this session on more effective, and human rights
compliant, measures to address narcotics issues.
In Cambodia, commendable advances with respect to poverty reduction, the
minimum wage, basic social protections and non-discrimination contrast with the
severe deterioration of civil and political rights, which is a substantial
threat to such progress. The recent elections were held amid crackdowns on
dissent and independent media, and the dissolution of the former main
opposition party deprived many people of their choice of representation. I
welcome the releases, over the past month, of a prominent human rights
defender, 2 journalists, and several opposition members, including Kem Sokha,
head of the dissolved Cambodia National Rescue Party. But the Government should
also release, and drop charges against, all other political actors, journalists
and ordinary citizens arrested or convicted for exercising their human rights.
Sustainable development requires the authorities to protect and expand the
space for civil society, including NGOs, the media and political opponents, in
an environment of dialogue that allows all Cambodians to have a voice -
including those who may be critical of government decisions.
In India, I hail last week's decision by the Supreme Court to decriminalise
same-sex relations. Laws that criminalise consensual adult relationships are,
as Chief Justice Misra said, manifestly arbitrary and a source of
discrimination and harassment. I very much hope other countries around the
world will look to India's example in this respect.
In Kashmir, our recent report on the human rights situation has not been
followed up with meaningful improvements, or even open and serious discussions
on how the grave issues raised could be addressed. The people of Kashmir have
exactly the same rights to justice and dignity as people all over the world,
and we urge the authorities to respect them. The Office continues to request
permission to visit both sides of the Line of Control, and in the meantime,
will continue its monitoring and reporting.
In Afghanistan, the Office is documenting record levels of civilian casualties.
The number of civilians killed in conflict-related violence during the first
half of 2018 was the highest 6-month toll since we began our systematic
documentation in 2009. Since then there has been a Taliban offensive on Ghazni
in mid-August, and targeted attacks on the Shi'a community. We urge all parties
to comply with international humanitarian and human rights law, and to show
more courage and creativity in breaking away from decades of war and violence.
The rapprochement unfolding on the Korean peninsula is a historic opportunity
to address, from the outset, the severe and longstanding human rights
violations in the Democratic People's Republic of Korea. Discussion of the
rights of millions of people cannot be postponed for the sake of convenience or
other factors. Regarding the Council's resolution 34/24, work is underway to
monitor and document violations committed in the DPRK, in order to establish a
central repository of cases and develop possible strategies for future
accountability. The Council will receive a report on this work in March.
China's review last month by the Committee on the Elimination of Racial
Discrimination brought to light deeply disturbing allegations of large-scale
arbitrary detentions of Uighurs and other Muslim communities, in so called
re-education camps across Xinjiang. CERD's concluding observations corroborate
other reports we have received. Reports have also been received of patterns of
human rights violations in other regions. In light of these reports, we would
request the Government to permit access for the Office to all regions of China,
and trust we will embark on discussion of these issues.
In Sri Lanka, although the authorities have moved too slowly towards meaningful
implementation of the transitional justice agenda, the Office of Missing
Persons has now begun consultations and institutional capacity-building to
fulfil its mandate. We look to that Office to work quickly, to begin to provide
answers to the families of the disappeared. Legislation establishing an Office
for Reparations is also underway. More progress in advancing accountability and
truth-seeking could have great weight in the long-term stability and prosperity
of the nation. Recurrent incidents of racist and inter-communal violence are
disturbing, as are announced plans to resume use of the death penalty.
In Syria, we are deeply concerned about the ongoing military operations in
Idlib and nearby areas, and their impact on up to three million civilians who
live there. We remind all parties to the conflict that they must adhere
strictly to all relevant principles of international humanitarian law in the
conduct of operations - and that no efforts should be spared to minimize the
impact of armed conflict on civilians and to ensure their protection, including
access to aid - and to humanitarian corridors to permit them to safely leave
conflict-affected areas, should they choose to do so. In much of the rest of
the country, armed conflict has diminished or ceased, and an estimated 80 % of
the population now lives in Government-controlled territory. It is essential
that measures be taken to address the root causes of the conflict and the
rights of all Syrians - including the millions of people who have been wounded
or detained, suffered the loss of family members through death or
disappearance, or whose property and future have been devastated.
Accountability must be a corner-stone of the country's future.
Regarding Yemen, I urge all parties to take stock of the gravity of the
findings of the Group of Eminent Experts. They have identified a number of
individuals who may be responsible for international crimes, and that
confidential list is now in the Office. It is crucial that there be continued
international and independent investigations into all allegations of violations
of international humanitarian law and war crimes - particularly in light of the
apparent inability of the parties to the conflict to carry out impartial
investigations. Last month's shocking strike on a bus carrying schoolchildren
was followed by another horrific series of airstrikes which left dozens of
civilians and children killed and injured in Al Hudaydah. I note the recent
statement by the Coalition acknowledging mistakes over the airstrike on the
school bus in Sa'ada, and I will be closely following what steps are taken to
hold the perpetrators accountable and provide remedy and compensation to the
victims. There should be greater transparency over the coalition's rules of
engagement and the measures taken to ensure that such tragedies are not
repeated. The recent Saudi royal order which appears to provide a blanket
pardon to members of the Saudi armed forces for actions taken in Yemen is very
concerning.
In Saudi Arabia, the recent crackdown on peaceful human rights defenders,
especially defenders of women's equality and women's rights, is deeply
disturbing. Samar Badawi and Nassima Al-Sadah were, according to our sources,
arrested on 30 July 2018 and have been held incommunicado since then. The
prosecutor's recommendation of the death penalty for Israa al-Ghomgham,
reportedly on charges related to participation in protests, is of serious
concern. These and other arbitrary arrests of peaceful activists for the
collective good sharply contradict the spirit of the country's proclaimed new
reforms. We call on theauthorities to release all individuals detained for
exercising their fundamental freedoms.
Iraq has recently emerged from a traumatic armed conflict that has devastated
the lives of millions of its citizens and destroyed many areas of the country.
With the military defeat of ISIL, the country can now concentrate on the
processes of rebuilding and healing that must take place if the country is to
finally put an end to recurring cycles of violence. Caring for the many
thousands of victims of crimes and human rights violations and abuses,
particularly those perpetrated by ISIL, will be vital to this process.
Furthermore, addressing the root causes of conflict, including decades of
abuses and violations, will be essential for the country to enjoy the benefits
of peace and development. During the past 2 months, at least 25 people have
been killed and some 500 injured in the context of protests and escalating
violence, in Basra and elsewhere. Some positive measures have been taken by the
government in response to the longstanding economic and social grievances at
the root of the unrest. However, the government should take action to ensure
the right of peaceful assembly and address the need to ensure that all people,
without discrimination, have access to basic services - including justice and
protection from physical and sexual violence. Only when decision-making
processes are truly inclusive of all segments of Iraqi society, and its diverse
communities, can they ensure peaceful solutions to the challenges the country
faces.
In Bahrain, a large number of cases of revocation of citizenship has been
reported to the Office. The legislation underpinning such actions should be
reviewed in line with Bahrain's obligations under international law. Reports of
possible exclusion of Bahraini citizens from the forthcoming elections of the
National Assembly are disturbing. All human rights defenders who are currently
arbitrarily detained should be released, including Nabeel Rajab.
Iran's dialogue with the Office and strengthened engagement with international
human rights mechanisms are welcome, together with the recent amendment to
drug-trafficking legislation, which abolishes the mandatory death penalty for
some offences. The Government should be encouraged to ensure that the review of
all cases is transparent, with due process guarantees such as effective legal
representation. Continued use of the death penalty for juvenile offenders is
deeply troubling and should be prohibited in all circumstances, with the
sentences of those currently on death row commuted. I deeply deplore the
executions last week of three Iranian Kurdish prisoners, despite the serious
concerns raised by Special Procedures mandate holders that they were not
afforded fair trials, and were subjected to torture. Recent arrests and
ill-treatment of a number of human rights defenders and lawyers are deplorable.
All those detained for peacefully exercising rights to freedom of expression
and association should be released.
In Egypt, I am shocked by Saturday's death sentences for 75 people, following
another mass trial which failed to comply with international standards
regarding due process guarantees. The trial of these protestors contrasts
sharply with a recent law that bestows immunity on senior members of the
security forces for human rights violations which they may have committed.
Prospects for peace and respect for human rights in the Occupied Palestinian
Territory are undermined by the continued occupation. The ever-deepening human
rights crisis in Gaza stems from 11 years of Israel's blockade, as well as
successive escalations in hostilities. Against this backdrop, the high number
of deaths and injuries of Palestinians in the context of recent demonstrations
along the fence in Gaza this year raise serious concerns about excessive use of
force. In the West Bank, including East Jerusalem, the Israeli settlement
enterprise - illegal under international humanitarian law - continues unabated.
The coercive environment created by demolitions and severe restrictions on
freedom of movement of Palestinians continues in many areas of the West Bank,
with increasing acts of settler violence. Of great concern at present is the
possible imminent demolition of Khan al Ahmar-abu Helu, one of 46 Palestinian
Bedouin communities at risk of forcible transfer in the West Bank. We are also
concerned by the recent adoption of the Nation State Basic Law in Israel, which
enshrines discrimination against Israel's non-Jewish population.
The Joint Declaration of Peace and Friendship signed in July between Eritrea
and Ethiopia offers hope for an end to the decades-long stalemate between the 2
countries, which has had very severe impact on the people on both sides of the
border. The Office stands ready to support both countries in protecting human
rights. We particularly look forward to seeing an end to indefinite
conscription into the Eritrean military. In Ethiopia, the Office has recently
visited regions affected by intercommunal violence between the Gedeos and the
Gujies communities, where recent clashes have reportedly forced over a million
people to flee their homes. We welcome initial steps taken by the Government
and urge a thorough, impartial and independent investigation into the human
rights violations which allegedly occurred, with full accountability for the
perpetrators.
In Mali, particularly in the central part of the country and in the region of
Menaka, human rights and basic security are sharply deteriorating as a result
of violence across intercommunal lines; attacks by violent extremist groups;
the use of improvised explosive devices; and counter-terrorism operations
conducted by national and international forces, which do not always respect the
human rights of the people. Credible allegations have been made regarding the
extrajudicial executions of at least 77 people since the beginning of 2018. The
Government has opened judicial investigations for most of these incidents, and
the Office will be closely following up these and other cases.
The situation in Cameroon has also worsened in recent months, as fighting has
intensified in the so-called Anglophone regions between security forces and
armed groups, with a large number of civilian victims and over 180,000 people
forced to take refuge far from their homes - now in pressing need of
humanitarian assistance. Many economic activities across these regions are now
paralyzed. In this volatile security context, many people fear reprisals if
they participate in the Presidential elections scheduled next month. The
Government has not acted to promote the conference on dialogue suggested by
religious leaders, and there is still no mechanism in place which could
envisage a halt in hostilities in the short term. We strongly condemn reports
of the killing and abductions of teachers and students and the destruction of
schools by armed elements in the north-west and south-west regions. These acts
of intimidation are preventing thousands of children from attending school. We
note that the Government has opened investigations into several atrocious
crimes apparently committed by members of the military, and urge swift and
effective action to ensure all the perpetrators of human rights violations are
held accountable. Due process should also be guaranteed for all those detained
in connection with terrorism, and we urge the Government to address key
grievances, in order to foster peaceful resolution of this crisis.
In Sudan, clashes in Jebel Marra between security forces and armed groups have
again led to new displacements of people in recent months. Despite some
improvements in overall security in Darfur, displaced people continue to be
subjected to attacks, including killings and rapes, when they venture outside
their camps. Many such attacks are attributable to Government security forces
and related militias, which still operate with impunity in Darfur.
In South Sudan, the agreement signed by the warring parties last month has
again raised hopes for a peaceful and sustainable solution to the conflict. We
urge the parties to acknowledge their part of responsibility for the violations
suffered by so many across the country, by helping to establish and
operationalize the long-awaited Hybrid Court - notably, by signing its statute.
We are deeply concerned by the general amnesty announced by President Kiir in
Khartoum, which may result in protecting from justice a large number of
perpetrators of serious human rights violations and abuses from both the
government forces and armed groups. We remind the authorities that amnesties
may not shield from prosecution individuals who may be criminally responsible
for war crimes, genocide, crimes against humanity or gross violations of human
rights, including gender-specific violations. The Commission on Human Rights in
South Sudan will hold an interactive dialogue with the Council later on the
session. We join the Commission in deploring the fact that peace efforts have
largely ignored accountability as a lever for change.
In Somalia, continued attacks against civilians by both State and non-State
actors are deeply concerning. In July, UNSOM documented 51 civilians killed and
82 injured, and noted that civilian casualties attributed to Al-Shabaab had
increased 309 % since June, and those attributable to state actors had risen by
125 %. The Office is also extremely concerned by the very limited democratic
space in Somalia. An UNSOM report this month on violations of freedom of
expression notes that between 1 August 2016 and 31 July 2018, at least 8
journalists and media workers were killed and 32 injured; 94 individuals were
arbitrarily arrested and/or subjected to prolonged detention on charges related
to their exercise of freedom of expression; and 19 media organs were forced to
close, some temporarily. A report published by UNSOM and the Office in August
details numerous human rights violations and abuses committed during the 2016
and 2017 electoral process, including 44 cases of killings of community leaders
and electoral delegates.
In the Central African Republic, sporadic clashes between armed groups outside
the main towns continue to expose civilians to atrocity crimes and protection
concerns. We deplore recent attacks against humanitarian workers in the Central
region of the country. Clashes in August and September between ex-Seleka and
anti-Balaka forces in Bria last month caused multiple civilian casualties and
the reported destruction of villages, resulting in forced displacement of their
inhabitants. In the context of current peace initiatives, we emphasise the
importance of ensuring that any agreements comply with human rights law,
address the importance of people's safety, and ensure that the perpetrators of
human rights violations and abuses will be held to account. Those who have
incited violence and hatred between communities should also be held
accountable. The Office is ready to support the establishment of inclusive and
victim-centred transitional justice.
Burundi continues to enforce increasing restrictions on an already
gravely-threatened civic space, amid continuing reports of grave human rights
violations. In another very worrying development, theImbonerakure militia
responsible for multiple abuses is now increasingly acting as a law enforcement
body. In the Democratic Republic of the Congo, widespread violations of civil
and political rights endanger the credibility of the electoral process. The
Council will be briefed on issues in these 2 countries later in the session.
Earlier this year, our Regional Office in Central Asia organized its 1st Human
Rights Defenders Forum for the region, with more than 80 participants. The
Office was, however, unable to invite activists from Turkmenistan, as a mere
invitation could have posed a threat to them. As discussed at the Forum, we
continue to receive reports of intimidation, harassment, arbitrary arrests and
detention, at times marked by ill-treatment, against those who legally and
peacefully express dissenting views in other Central Asian countries - notably
Tajikistan. While the gravity of issues is specific to each country, the
freedoms of journalists, human rights defenders, members of ethnic and
religious minorities and more generally, civil society, have significantly
diminished. Torture also remains a pressing issue across the region, with
widespread impunity for perpetrators. And as in other regions, heavy-handed
policies intended to counter or prevent violent extremism are likely to be
counterproductive; we encourage the authorities to focus on promoting human
rights when developing and applying such policies.
As in other parts of the world, we are also concerned by the numerous reported
cases of torture and ill-treatment committed by law-enforcement and
penitentiary personnel in the Russian Federation. We note the prompt reaction
of the Russian Government and the Federal Ombudsperson to the alleged
collective torture of a detainee by prison personnel in Yaroslavl, and urge
full investigation and accountability to this and all such cases.
Turkey has recently lifted its state of emergency, but we are deeply alarmed at
the recently enacted anti-terror law, which retains numerous emergency
restrictions and is likely to continue their adverse effect on human rights and
fundamental freedoms. For instance, the law restricts due process guarantees,
prolongs the duration of pre-trial detention and allows for continued
dismissals of public officials, including judges and prosecutors, because of
alleged links to terrorist organizations. This de facto state of emergency is
accompanied by the increasing concentration of powers in the executive, and an
intense and ongoing crackdown on journalists and human rights defenders. The
Office also continues to receive an extremely high number of allegations of
deportations of Turkish nationals from third countries, and reported
abductions, enforced disappearances, arbitrary detentions, and torture and
ill-treatment.
The Council will receive a specific briefing on events in Ukraine later in the
session. The ceasefire which began on 29 August to accommodate the beginning of
the school year is another opportunity to for all parties to demonstrate their
serious commitment to the protection of civilians, and end the suffering of
600,000 civilians living close to the contact line, on both sides.
Human rights defenders in the Americas are increasingly facing grave risks as a
result of their legitimate activities. We urge these States to strengthen
protection and preventive measures to swiftly address this deteriorating
situation. In Colombia, by1 September the Office had recorded 53 homicides of
leading human rights defenders this year, and we are verifying 57 more cases.
In Mexico, 8 human rights defenders were killed in the first 8 months of 2018 -
again, more than in the whole of 2017. Many more have been victims of
criminalisation, abusive lawsuits, smear campaigns, surveillance, death threats
and attacks. Last year was also the deadliest year on record for journalists in
Mexico, with at least 12 killings in 2017. In 2018, we have already recorded 8
killed and 1 person who has disappeared. In Guatemala, we have documented 18
murders of human rights defenders so far this year, compared to 12 in all of
2017. The recent Presidential decisions not to extend the mandate of the CICIG
beyond September 2019 - and to refuse entry to the country to its Head, Ivan
Velasquez - are deplorable. They abolish an essential instrument in the fight
against impunity and corruption.
We welcome Haiti's nomination of a high level focal point on human rights, but
its recent withdrawal of support for a resolution which would have provided
resources for establishing a national human rights action plan is
disappointing. We encourage the Council to resume its consideration of
technical assistance to Haiti.
These updates point to many challenging situations, but also progress in some
areas. I very much hope that we can address those challenges, and build on the
progress which has been made.
In a few days it will be the equinox, when our world is poised between equal
night and day.
For us in the Global South this date marks the end of winter and the start of
spring, and many of our cultures celebrate this time as a time of hope and
working together.
I am committed to the task of ensuring that together, we grow civil, political,
economic, social and cultural rights for all, together with the right to
development, and thus ensure peace and sustainable development across the
world.
(source: Sri Lanka Guardian)
INDIA:
Demand for release of Rajiv Gandhi assasination case convicts: A timeline
A look at the fate of 7 convicts in the 1991 Rajiv Gandhi assassination case -
Murugan, Santhan, Perarivalan, Nalini, Robert Payas, Jayakumar and Ravichandran
- that had been hanging on appeals, clemency pleas and the battle between the
Central and Tamil Nadu governments on powers of remission, and also between the
political players of Tamil Nadu.
A timeline:
January 28, 1998: A designated Terrorist and Disruptive Activities Act (TADA)
court sentences all 26 accused to death.
May 11, 1999: On appeal, the Supreme Court upholds death for Murugan, Santhan,
Perarivalan and Nalini, commutes sentence to life for Robert Payas, Jayakumar
and Ravichandran and frees 19 others.
October 8, 1999: Supreme Court confirms death for Murugan, Santhan, Perarivalan
and Nalini, dismissing their appeals to commute their sentences to life.
October 27, 1999: Tamil Nadu Governor rejects clemency petitions of Murugan,
Santhan, Perarivalan and Nalini.
November 25, 1999: Madras High Court quashes Tamil Nadu Governor's rejection of
clemency petitions; directs the Governor to pass a fresh order after obtaining
the State Cabinet's views.
April 19, 2000: Tamil Nadu Cabinet chaired by then Chief Minister M.
Karunanidhi decides to recommend commuting death sentence of Nalini alone.
April 21, 2000: Tamil Nadu Governor accepts Cabinet decision to commute death
sentence of Nalini.
April 28, 2000: Tamil Nadu government forwards clemency pleas of Santhan,
Murugan and Perarivalan to the President.
August 12, 2011: President rejects clemency petitions of Santhan, Murugan and
Perarivalan.
August 26, 2011: Execution of Santhan, Murugan and Perarivalan fixed for
September 9, 2011.
August 30, 2011: Tamil Nadu Assembly adopts resolution urging President to
commute the death sentences of Santhan, Murugan and Perarivalan | Madras High
Court stays execution of the 3 on their plea; petitions transferred to Supreme
Court later.
May 1, 2012: Supreme Court says it would hear the pleas of Santhan, Murugan and
Perarivalan.
February 18, 2014: Supreme Court commutes the death sentence on grounds of
delay in disposing their mercy pleas.
February 19, 2014: Tamil Nadu Cabinet decides to immediately release Santhan,
Murugan, Perarivalan, Nalini, Robert Payas, Jayakumar and Ravichandran; sends
decision to Centre under Section 435 of the Code of Criminal Procedure.
April 1, 2014: Dismissing the Centre's petition, the Supreme Court refuses to
review its verdict commuting death sentence of Santhan, Murugan, and
Perarivalan in the case.
April 25, 2014: Supreme Court refers matter on remission of sentence to
Constitution bench and frames 7 questions to be decided by it.
July 23, 2014: Supreme Court commences hearing to examine power of Centre and
States to grant remission for releasing convicts whose death sentences are
commuted to life term.
July 29, 2015: Supreme Court dismisses Centre's curative plea against
commutation of death penalty into life term of 3 convicts.
August 12, 2015: Supreme Court reserves verdict on constitutional issues
arising out of the Tamil Nadu government decision to set free convicts in the
case, including the power of States to remit sentences.
December 2, 2015: Supreme Court says Centre will decide whether the convicts
will be released or not holding that States cannot exercise the power to grant
remission without any specific plea from convicts.
December 14, 2015: Nalini moves Madras High Court seeking a direction to Tamil
Nadu government to consider her representation for premature release
January 16, 2016: Perarivalan seeks to know the grounds for Bollywood actor
Sanjay Dutt???s premature release from prison.
March 2, 2016: In yet another bid to release the seven convicts, Tamil Nadu
government writes to Centre seeking its views on its decision to free them
April 19, 2016: Centre rejects Tamil Nadu proposal to free the 3.
April 20, 2016: 3-judge Supreme Court Bench to decide on remission issue.
August 17, 2017: The Supreme Court, considering the plea of Perarivalan,
decides to hear the government on the conspiracy and making of the belt bomb
that killed former Prime Minister Rajiv Gandhi.
November 14, 2017: 26 years after the assassination, a former CBI officer who
interrogated 1 of the convicts, then 19-year-old Perarivalan, makes a sworn
statement before the Supreme Court that the CBI omitted the part of the
convict's confession where he said he had "absolutely no idea" of the purpose
for which the two 9 volt batteries he bought would be used for. December 12,
2017: The Supreme Court says the multi-agency probe into the "larger
conspiracy" behind the assassination has not made much headway and seems to be
"endless".
January 23, 2018: A 3-judge Bench of the Supreme Court gives the Centre 3
months to decide the Tamil Nadu government's proposal made in 2014 to remit the
sentences of the 7 life-term convicts.
March 14, 2018: The Supreme Court dismisses Perarivalan's plea seeking recall
of the May 1999 verdict upholding his conviction.
June 11, 2018: The Union Home Ministry seeks details from the Tamil Nadu
government to ???"acilitate further" the latter's request to release the 7
convicts. The Ministry seeks details from the State government on 8 grounds,
including the "physical and mental status of the convicts" and their "economic
and social background".
June 15, 2018: President Ram Nath Kovind rejects the Tamil Nadu government???s
request to release the 7 prisoners convicted in the case.
August 10, 2018: The Supreme Court accepts on record a communication from the
Central government rejecting a proposal made by the Tamil Nadu government to
release the convicts.
August 20, 2018: The Supreme Court gives Perarivalan a fortnight's time to
place on record a copy of his application made to the Tamil Nadu Governor 2
years ago seeking grant of pardon.
September 6, 2018: The Supreme Court asks the Tamil Nadu Governor to consider
the mercy petition of Perarivalan.
September 9, 2018: The AIADMK government in Tamil Nadu decides to recommend to
Governor Banwarilal Purohit the release of all 7 life convicts in the Rajiv
Gandhi assassination case.
(source: The Hindu)
MALAYSIA:
Family of 3 could face gallows following Kluang drug bust
A family of 3 could be facing the gallows if they are found guilty of
drug-trafficking, after drugs were found at their Taman Seri Impian home in a
police raid on Sept 5.
? Based on a tip-off from the public, police, after 2 weeks of surveillance,
raided the house in Jalan Seri Impian 3/7, Taman Seri Impian at 2.50pm.
Kluang district acting police chief, Deputy Superintendent Abdul Razak Abdullah
Sani, said the team from the district police's Narcotics Crimes Investigation
Department found three people in the house.
"Checks were done on the 3, who were a 51-year-old man, his 48-year-old wife
and their 20-year-old daughter.
"The man had a previous record for drug possession," he said.
Checks at the house turned up a packet of ganja, weighing 1,030 grams, valued
at around RM2,500.
Abdul Razak said the 3 suspects are being investigated under Section 39B of the
Dangerous Drugs Act 1952, which if convicted, provides for the death penalty.
They have been remanded for 7 days to aid the probe.
Abdul Razak said police believe they have smashed a small-time drug
distribution network in Kluang.
(source: nst.com.my)
_______________________________________________
A service courtesy of Washburn University School of Law www.washburnlaw.edu
DeathPenalty mailing list
***@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
BANGLADESH:
7 sentenced to death for murdering Gazipur businessman
A Gazipur court has sentenced 7 men to death, and 1 to 5 years in jail, for
killing local businessman, Milon Bhuiya, for money.
Those who have received the maximum penalty are: Mohammad Ali Hossain alias
Hossain Ali, 27, Rajib Hossain Raju, 22, Kaiyum, 25, Mohammad Ali alias Chhoto
Ali, 20, Rajib Hossain, 22, Faruk Hossain, 25, and Shafiqul Islam Parvez, 26.
Another convict, Masum alias Mama Masum, who received a jail term for his role
in Milon's murder, is absconding.
The District and Sessions Judge's Court cleared 2 others - Enamul Haq and
Shamsul Haq - of charges, on Monday.
Case documents show that the convicts stopped Milon at the gate of Bhawal
National Park on the evening of February 26, 2011 and attacked him with sharp
weapons.
Milon was rescued by his relatives but died on the way to hospital.
His maternal uncle, Aktar Hossain, filed a murder case with Joydebpur police.
The Detective Branch (DB) took over the investigation but the case was later
shifted to CID after the DB failed to solve it.
CID Inspector Nazmul Haq pressed charges against 10 persons in court on April
22, 2015.
(source: Dhaka Tribune)
SRI LANKA:
UN disturbing by Sri Lanka's plans to resume use of the death penalty
"In Sri Lanka, although the authorities have moved too slowly towards
meaningful implementation of the transitional justice agenda, the Office of
Missing Persons has now begun consultations and institutional capacity-building
to fulfil its mandate," said in her 1st speech delivered by the newly appointed
UN High Commissioner for Human Rights Michelle Bachelet to the 39th session of
the Human Rights Council.
"We look to that Office to work quickly, to begin to provide answers to the
families of the disappeared. Legislation establishing an Office for Reparations
is also underway. More progress in advancing accountability and truth-seeking
could have great weight in the long-term stability and prosperity of the
nation. Recurrent incidents of racist and inter-communal violence are
disturbing, as are announced plans to resume use of the death penalty," she
added.
Here is the full text of the opening Statement by the newly appointed UN High
Commissioner for Human Rights Michelle Bachelet to the 39th session of the
Human Rights Council
It is an honour to be called to this mandate, to assist States to uphold the
human rights of their people, in this year in which we celebrate the 70th
anniversary of the Universal Declaration of Human Rights.
The Universal Declaration is a commitment to values and policies that have
delivered tremendous benefit to millions of people. This Council, my Office,
and every Member State of the United Nations must continue to push forward with
that work. The future of our world depends upon it.
I want to acknowledge the courage and the achievements of my predecessor, High
Commissioner Zeid. His activism, humanity and formidable intelligence have
advanced the cause of human rights, and brought great access and impact to our
Office. He truly became the spokesman for those who are voiceless: the victims
of human rights violations.
Their needs and rights should always be the central focus of our work. Human
rights express the core purpose of the United Nations: we can only attain
peace, security and sustainable development for all societies when we advance
the dignity and equality of all human beings. In the course of my work, I fully
intend to honour both the spirit and the practises established by my
predecessors.
I bring to this mandate my experience in public service and my lifelong
dedication to reversing hatred and ensuring equality and respect for all.
I have been a political detainee and the daughter of political detainees. I
have been a refugee and a physician - including for children who experienced
torture, and the enforced disappearance of their parents. I have headed a
United Nations body, and I have been honoured to lead my country, twice, as its
President.
This is the eve of the day on which we Chileans mark the memory of the coup
d'etat, 45 years ago, and the ensuing years of brutal oppression and bloodshed.
My country has known the pain and terror of tyranny. But I am proud to say we
have been able to surmount divisions and meet vast challenges - shaping
institutions which enable greater participation, and greater freedom, justice
and dignity, for our people.
And so I bring to the cause of human rights the diversity of cultures that have
nourished my approach to public service. I bring my commitment to bridging the
differences between communities, and promoting respect, well-being and freedom.
I bring my fundamental attachment to the courage, the dignity and selflessness
of all defenders and activists for human rights.
I bring my absolute conviction that cooperation between all actors, through
multilateral institutions, can solve the complex challenges that face the
world, and that by working to uphold human rights, my Office - like this
Council - can ensure more just and respectful societies, living together in
sustainable development and security.
Good governance is based on identifying and amending gaps in access to justice,
dignity and equality - so that all can live in more respectful and harmonious
societies, and enjoy development that is more dynamic and sustainable.
Good doctoring is based on building resilience: strengthening healing processes
and intervening to interrupt symptoms of pathology.
And human rights are a powerful medicine, which heals wounds and develops
resilience.
Political differences may divide some of the countries in this room. But
upholding human rights is in the interest of every State. Your peoples seek a
common agenda: rights, sustainable development and peace.
We can only progress towards that vision together. If we undermine multilateral
institutions such as this one, we will fail to meet the challenges our people
face.
I have deeply admired much of the work done by this Council, with its
mechanisms and experts. The Universal Periodic Review ensures ground-breaking
scrutiny of the human rights record of every State in the world. The inquiries
led by the Council's fact-finding expert missions and Special Procedures have
uncovered essential facts which must be addressed, and have pointed to
recommendations that it is essential to apply.
Your expanding agenda and increased workload are not only a testament to the
world's failures to uphold human rights; they are also a mark of your
importance.
I am convinced that this Council must strive for consensus. I believe there
should be more engagement by all Member States - not sterile disputes; not
withdrawals; but collective, coordinated and cooperative work to sustain core
principles and common goals.
Kofi Annan, for whom I had the deepest respect, often pointed out that in our
complex, globalised world,"no country, no matter how powerful or wealthy" can
hope to solve the issues which face States. I quote, "Governments have to show
the courage and vision to look beyond themselves to find solutions, and put in
place new frameworks and rules".
The most effective solutions are grounded in principle and in openness, in
collective agreements and coordinated actions.
And I know that consensus is possible.
I know that military leaders can commit to ending military intervention in
democratic politics, and work to reconcile with the victims of oppression.
I know that centuries of prejudice and discrimination - against women, against
the peoples of the Global South and many other discriminated and exploited
groups - can be pushed back. This is work that has advanced in the past, and
must move forward today.
It is States which have the primary responsibility for upholding the rights of
their people. I will always listen to the concerns of Governments. As a former
Head of Government and Head of State, I have shared some of these concerns and
faced some of the same challenges.
But above all, I will advocate for the civil, political, economic, social and
cultural rights that are the inherent entitlements of all people. I will strive
to be their voice and their strong defender, in complete objectivity, without
fear or favour, and to urge all States to protect and promote all human rights,
without distinction.
This Council, too, has the responsibility to speak out against every instance
of human rights violations, regardless of sex, gender identity, race or
ethnicity, religion, disability or migration status, or other characteristic.
Irrespective of the type of political regime in a given country, the Human
Rights Council has the duty to advocate and to assist transformative
improvements in upholding all rights.
These rights extend from the frontiers of the digital universe to the abject
poverty of the rooms where mothers die in childbirth, because insufficient
resources are allocated for their care.
They include the prevention of conflicts, so often grounded in discrimination,
inequality and injustice.
They include protection from and mitigation of the effects of climate change;
work to uphold the rights of children, rights to health and to fundamental
services; and measures which enable development by upholding the people's right
to freely participate in making decisions on all matters that affect them.
We cannot pick and choose from among our people's inalienable rights. They
build on each other.
Measures to promote equality drive powerful, sustainable economic development
to which every member of society can fully contribute.
Access to the best quality education, and to economic and social rights, helps
diminish despair, mistrust and violent extremism.
It is by building access to all human rights that society becomes stronger and
more able to resist unpredictable shocks.
And although there may be legitimate divergences regarding the best ways of
achieving these transformations, the principles which anchor them remain
absolutely clear and invariable.
We stand on a sound foundation. Much work has already been accomplished ??? by
my Office, including by its 72 field presences around the world; by this
Council and its mechanisms; by the Treaty Body Committees; and by the civil
society activists represented in this room and those across the world.
I hope to reinforce our common understanding. We can surpass national borders.
We can promote more multilateralism, more cooperation, more dialogue, more
consensus and more coordinated action.
We can build new strategies and stronger tools for prevention, early
intervention and also accountability. I firmly believe that the power of
justice can deter and prevent even the worst violations and crimes.
We can - we must - push forward with the implementation of States' commitments.
Norms and laws are vital, but they must be applied. I am convinced that by
building up national institutions, we can ensure powerful constituencies for
rights, which can contribute to making rights real.
This is a time of many setbacks for human rights. But it is also one of great
opportunity.
We stand on a strong, vital and living body of law and norms, which reflect the
universal values that bind humanity. The Covenants, the seven other core human
rights treaties, and the recommendations of all UN human rights bodies and
experts, are fundamental contributions to the work of preventing, mitigating
and ending human rights violations - including the inequalities and
discriminations which torment so many of our fellow human beings.
The voice of the Office of the High Commissioner is powerful in its authority,
legitimacy and objectivity. And it is far from the only voice that is raised in
support of rights.
The new reforms underway at the United Nations present an opportunity to
advocate, as powerfully as we can, that a human rights approach be at the
centre of the work of our UN partners.
The recommendations of the Treaty Bodies, and the Council's Special Procedures
and Universal Periodic Review, are increasingly integrated into coordinated
tools, to enable better adoption by States, UN Country Teams and other actors.
In humanitarian operations, the UN is adopting the "New Way of Working" which
seeks to join up development, humanitarian and human rights approaches to these
difficult situations.
The 2030 Agenda makes the direct road from discrimination to inequality and
under-development absolutely clear. It opens a tremendous opportunity for
greater integration of human rights goals, including the recommendations of the
human rights mechanisms, into national policies and the work of the UN.
The Sustainable Development Goals will not progress without discussion of and
progress on the so-called "sensitive" issues of human rights. I know this as a
former Head of State and Head of Government: development must focus, above all,
on the well-being and rights of the people.
The Global Compact for Migration, which is due to be adopted in December,
offers hope for better and more effective governance of migration. It is a
balanced human rights document with achievable, detailed policies to reduce the
vulnerability of many of the world's 258 million migrants - and minimize the
human rights violations which so often drive their flight.
Historically, people have always moved in search of hope and opportunities.
Erecting walls; deliberately projecting fear and anger on migrant communities;
denying migrants fundamental rights by limiting their right to appeal,
curtailing their right to non-refoulement, separating and detaining families,
and cutting integration programmes: such policies offer no long-term solutions
to anyone - only more hostility, misery, suffering and chaos.
It is in the interest of every State to adopt migration policies that are
grounded in reality, not in panic; which provide opportunities for safe,
regular movement instead of forcing people to take lethal risks.
Among the major strengths of both the 2030 Agenda and the Global Compact is
that they are commitments by States to work together - and change, together. As
this Council session begins, the rapidly growing numbers of people fleeing both
Venezuela and Nicaragua once again demonstrate the need to constantly uphold
human rights. Yes, it is urgent to help receiving States to solve the many
challenges raised by such movements. But it is also fundamental to address the
reasons why people are leaving. In both these countries, the Office urges the
Human Rights Council to take all available measures to address the serious
human rights violations which have been documented in recent reports.
Regarding Venezuela, an estimated 2.3 million people had fled the country by 1
July - roughly 7 % of the total population - due largely to lack of food or
access to critical medicines and health care, insecurity and political
persecution. This movement is accelerating. In the 1st week of August, more
than 4,000 Venezuelans per day entered Ecuador; 50,000 Venezuelans reportedly
arrived in Colombia over a 3 week period in July; and 800 Venezuelans per day
are now reported to be entering Brazil. Cross-border movement of this magnitude
is unprecedented in the recent history of the Americas, and the vulnerability
of those who leave has also increased: elderly people; pregnant women;
children, including unaccompanied minors; and persons with health problems are
crossing the border in increasing numbers.
Since publication of our latest report on Venezuela, in June, the Office has
continued to receive information on violations of social and economic rights -
such as cases of deaths related to malnutrition or preventable diseases - as
well as on violations of civil and political rights, including arbitrary
detentions, ill-treatment and restrictions to freedom of expression. The
Government has not shown openness for genuine accountability measures regarding
issues documented by the Office during the 2017 mass protests.
The number of people fleeing Nicaragua is also increasing exponentially, as a
result of the ongoing crisis in the country, including the deterioration of
human rights. 2 weeks ago, the Office released a report documenting
disproportionate use of force by the police; extrajudicial killings; enforced
disappearances; widespread arbitrary or illegal detentions; widespread
ill-treatment, and instances of torture and sexual violence, in detention
centres; obstructions to medical care; and violations of freedoms of peaceful
assembly and expression, such as the criminalization of human rights defenders,
journalists and protestors considered critical of the Government. Some 400
people have been killed and at least 2000 injured. We regret the government's
decision last week to expel our team, and call on the Council to strengthen its
oversight on the country. In the meantime the Office will continue documenting
human rights violations in Nicaragua from outside the country.
In such circumstances, the Global Compact provides for regional and
international cooperation to set up prompt, humane reception of all people
arriving at their borders, with respect for their human rights; and to develop
mechanisms for admission and stay based on the need for human rights
protection. The Office is eager to assist States to realise these commitments
by building national capacity - including, for example, by training border
guards and law enforcement personnel who work in border areas to uphold and
respect the human rights of all, and by providing practical guidance for
national implementation plans, based on our monitoring and assessment.
The decision by the United States and Hungary to refuse to sign the Compact is
deeply regrettable.Australia, a member of this Council that has suggested it
might withdraw, should join the consensus of the global community, adopt the
Compact and revise the country's policies with respect to people arriving at
its borders without a visa. The current offshore processing centres are an
affront to the protection of human rights.
In June, the Government of Hungary adopted additional measures to enable the
authorities to arrest, criminally charge and immediately remove from Hungary's
border area any lawyer, adviser, volunteer or legally resident family member
suspected of helping a person to make an asylum claim, obtain a residence
permit, or take other perfectly legal actions. We are also aware of shocking
reports that in recent weeks,food has been withheld from migrants held in
transit zones on the Hungarian-Serbian border.
The United States has halted the unconscionable practice of separating
immigrant children from their families. But the authorities have still not
taken measures to provide redress for the families whom it has victimised; and
over 500 migrant children taken away from their parents by US officials have
still not been returned to their families. Of further concern is the
announcement last week that the government would no longer abide by a court
settlement limiting detention of children to 20 days.
The European Union should be encouraged to establish a dedicated humanitarian
search and rescue operation for people crossing the Mediterranean, and to
ensure that access to asylum and to human rights protection in the EU is
guaranteed. The Government of Italy has been denying entry to NGO rescue ships.
This kind of political posturing and other recent developments have devastating
consequences for many already vulnerable people. Although the number of
migrants crossing the Mediterranean has fallen, the fatality rate for those
making this treacherous crossing has in the first 6 months of this year been
even higher than previously.
Prioritising the return of migrants from Europe, without ensuring that key
international human rights obligations are upheld, cannot be considered a
protection response. The Office expects to dispatch a team to Austria to assess
recent developments in this area. We also intend to send staff to Italy, to
assess the reported sharp increase in acts of violence and racism against
migrants, persons of African descent and Roma. The shocking recent outbreak in
Germany of anti-migrant violence, which appears to have been stoked by
xenophobic hate speech, is worrying. The EU Commission's recent acknowledgment
that Libyais not a safe place for return is welcome. Migrants in Libya continue
to be exposed to unlawful killings, deprivation of liberty, torture, sexual
violence, forced labour, extortion and exploitation by both State and non-State
actors, in total impunity, and it is unworthy of any State to deliberately send
men, women and children to face such risks. The Council will be briefed on the
human rights situation in Libya later in the session.
In the context of the EU's ongoing discussions to establish so-called "regional
disembarkation platforms", the prospect of the EU outsourcing its
responsibility to govern migration to States with weak protection systems is
disturbing. Without prejudice to the ongoing discussions, the authorities
should recall that respect for the rights of all migrants must be assured,
including those in the most vulnerable situations, and processes must be
established to ensure that relevant actors be held to account if they fail to
meet basic international standards.
Above all, States should adopt a more thoughtful approach, and seek
constructive, long-term, sustainable solutions. Governments should focus on
expanding regular channels and pathways for movement. The economic argument is
clear: migration powerfully contributes to economic growth and other social and
cultural aspects of development. An aging population and low birth-rates make
those contributions essential.
This Council session will be apprised of the deeply shocking findings of the
Independent International Fact-Finding Mission on Myanmar. The Mission has
determined that many of the gross human rights violations, and serious
violations of international humanitarian law, in Kachin, Shan and Rakhine
states amount to the gravest crimes under international law. In addition to
crimes against humanity and war crimes - reported to have been committed in all
3 states - there is strong evidence indicating genocide, extermination and
deportation of the Rohingya. It is shocking that journalists involved in
documenting some of the massacres which occurred have been prosecuted, and now
given a harsh sentence. They should be immediately released. Attacks and
persecution appear to be continuing in Rakhine: at least 12,000 new Rohingya
refugees have fled to Bangladesh so far this year. In Kachin and Shan States,
the Fact Finding Mission found indications of extrajudicial execution and
unlawful killings, torture and other forms of ill-treatment, including against
children ; sexual violence; arbitrary arrests; and forced labour. The
persistence of these patterns of violations underscores the total impunity
accorded to the Myanmar security forces.
I emphasise the imperative of justice for Myanmar. I welcome the Pre-Trial
Chamber of the International Criminal Court's finding that the Court has
jurisdiction over the alleged deportation of Rohingya from Myanmar, and
possibly other crimes. This is an immensely important step towards ending
impunity, and addressing the enormous suffering of the Rohingya people. I also
welcome efforts by Member States at this Council to establish an independent
international mechanism for Myanmar, to collect, consolidate, preserve and
analyse evidence of the most serious international crimes, in order to expedite
fair and independent trials in national and international courts. This
mechanism would also complement and support the preliminary examination of the
ICC Prosecutor. I urge the Council to pass a resolution, and refer the matter
to the General Assembly for its endorsement, so that such a mechanism can be
established.
In Bangladesh - a country to be commended for hosting so many refugees and for
its success in poverty reduction - student protestors and media professionals
have in recent months been attacked, arrested, charged with defamation and,
reportedly, ill-treated. The perpetrators of this violence must be held
accountable to prevent recurrence. The Government should do more to ensure
freedom of expression, which is indispensable for free and fair elections.
Troubling reports also indicate that an anti-narcotics drive has led to over
220 killings, and thousands of arrests, with allegations of extrajudicial
executions.
Drug issues everywhere are best tackled through a focus on health, education
and opportunities - not the death penalty, or death squads. The Office has
submitted a report to this session on more effective, and human rights
compliant, measures to address narcotics issues.
In Cambodia, commendable advances with respect to poverty reduction, the
minimum wage, basic social protections and non-discrimination contrast with the
severe deterioration of civil and political rights, which is a substantial
threat to such progress. The recent elections were held amid crackdowns on
dissent and independent media, and the dissolution of the former main
opposition party deprived many people of their choice of representation. I
welcome the releases, over the past month, of a prominent human rights
defender, 2 journalists, and several opposition members, including Kem Sokha,
head of the dissolved Cambodia National Rescue Party. But the Government should
also release, and drop charges against, all other political actors, journalists
and ordinary citizens arrested or convicted for exercising their human rights.
Sustainable development requires the authorities to protect and expand the
space for civil society, including NGOs, the media and political opponents, in
an environment of dialogue that allows all Cambodians to have a voice -
including those who may be critical of government decisions.
In India, I hail last week's decision by the Supreme Court to decriminalise
same-sex relations. Laws that criminalise consensual adult relationships are,
as Chief Justice Misra said, manifestly arbitrary and a source of
discrimination and harassment. I very much hope other countries around the
world will look to India's example in this respect.
In Kashmir, our recent report on the human rights situation has not been
followed up with meaningful improvements, or even open and serious discussions
on how the grave issues raised could be addressed. The people of Kashmir have
exactly the same rights to justice and dignity as people all over the world,
and we urge the authorities to respect them. The Office continues to request
permission to visit both sides of the Line of Control, and in the meantime,
will continue its monitoring and reporting.
In Afghanistan, the Office is documenting record levels of civilian casualties.
The number of civilians killed in conflict-related violence during the first
half of 2018 was the highest 6-month toll since we began our systematic
documentation in 2009. Since then there has been a Taliban offensive on Ghazni
in mid-August, and targeted attacks on the Shi'a community. We urge all parties
to comply with international humanitarian and human rights law, and to show
more courage and creativity in breaking away from decades of war and violence.
The rapprochement unfolding on the Korean peninsula is a historic opportunity
to address, from the outset, the severe and longstanding human rights
violations in the Democratic People's Republic of Korea. Discussion of the
rights of millions of people cannot be postponed for the sake of convenience or
other factors. Regarding the Council's resolution 34/24, work is underway to
monitor and document violations committed in the DPRK, in order to establish a
central repository of cases and develop possible strategies for future
accountability. The Council will receive a report on this work in March.
China's review last month by the Committee on the Elimination of Racial
Discrimination brought to light deeply disturbing allegations of large-scale
arbitrary detentions of Uighurs and other Muslim communities, in so called
re-education camps across Xinjiang. CERD's concluding observations corroborate
other reports we have received. Reports have also been received of patterns of
human rights violations in other regions. In light of these reports, we would
request the Government to permit access for the Office to all regions of China,
and trust we will embark on discussion of these issues.
In Sri Lanka, although the authorities have moved too slowly towards meaningful
implementation of the transitional justice agenda, the Office of Missing
Persons has now begun consultations and institutional capacity-building to
fulfil its mandate. We look to that Office to work quickly, to begin to provide
answers to the families of the disappeared. Legislation establishing an Office
for Reparations is also underway. More progress in advancing accountability and
truth-seeking could have great weight in the long-term stability and prosperity
of the nation. Recurrent incidents of racist and inter-communal violence are
disturbing, as are announced plans to resume use of the death penalty.
In Syria, we are deeply concerned about the ongoing military operations in
Idlib and nearby areas, and their impact on up to three million civilians who
live there. We remind all parties to the conflict that they must adhere
strictly to all relevant principles of international humanitarian law in the
conduct of operations - and that no efforts should be spared to minimize the
impact of armed conflict on civilians and to ensure their protection, including
access to aid - and to humanitarian corridors to permit them to safely leave
conflict-affected areas, should they choose to do so. In much of the rest of
the country, armed conflict has diminished or ceased, and an estimated 80 % of
the population now lives in Government-controlled territory. It is essential
that measures be taken to address the root causes of the conflict and the
rights of all Syrians - including the millions of people who have been wounded
or detained, suffered the loss of family members through death or
disappearance, or whose property and future have been devastated.
Accountability must be a corner-stone of the country's future.
Regarding Yemen, I urge all parties to take stock of the gravity of the
findings of the Group of Eminent Experts. They have identified a number of
individuals who may be responsible for international crimes, and that
confidential list is now in the Office. It is crucial that there be continued
international and independent investigations into all allegations of violations
of international humanitarian law and war crimes - particularly in light of the
apparent inability of the parties to the conflict to carry out impartial
investigations. Last month's shocking strike on a bus carrying schoolchildren
was followed by another horrific series of airstrikes which left dozens of
civilians and children killed and injured in Al Hudaydah. I note the recent
statement by the Coalition acknowledging mistakes over the airstrike on the
school bus in Sa'ada, and I will be closely following what steps are taken to
hold the perpetrators accountable and provide remedy and compensation to the
victims. There should be greater transparency over the coalition's rules of
engagement and the measures taken to ensure that such tragedies are not
repeated. The recent Saudi royal order which appears to provide a blanket
pardon to members of the Saudi armed forces for actions taken in Yemen is very
concerning.
In Saudi Arabia, the recent crackdown on peaceful human rights defenders,
especially defenders of women's equality and women's rights, is deeply
disturbing. Samar Badawi and Nassima Al-Sadah were, according to our sources,
arrested on 30 July 2018 and have been held incommunicado since then. The
prosecutor's recommendation of the death penalty for Israa al-Ghomgham,
reportedly on charges related to participation in protests, is of serious
concern. These and other arbitrary arrests of peaceful activists for the
collective good sharply contradict the spirit of the country's proclaimed new
reforms. We call on theauthorities to release all individuals detained for
exercising their fundamental freedoms.
Iraq has recently emerged from a traumatic armed conflict that has devastated
the lives of millions of its citizens and destroyed many areas of the country.
With the military defeat of ISIL, the country can now concentrate on the
processes of rebuilding and healing that must take place if the country is to
finally put an end to recurring cycles of violence. Caring for the many
thousands of victims of crimes and human rights violations and abuses,
particularly those perpetrated by ISIL, will be vital to this process.
Furthermore, addressing the root causes of conflict, including decades of
abuses and violations, will be essential for the country to enjoy the benefits
of peace and development. During the past 2 months, at least 25 people have
been killed and some 500 injured in the context of protests and escalating
violence, in Basra and elsewhere. Some positive measures have been taken by the
government in response to the longstanding economic and social grievances at
the root of the unrest. However, the government should take action to ensure
the right of peaceful assembly and address the need to ensure that all people,
without discrimination, have access to basic services - including justice and
protection from physical and sexual violence. Only when decision-making
processes are truly inclusive of all segments of Iraqi society, and its diverse
communities, can they ensure peaceful solutions to the challenges the country
faces.
In Bahrain, a large number of cases of revocation of citizenship has been
reported to the Office. The legislation underpinning such actions should be
reviewed in line with Bahrain's obligations under international law. Reports of
possible exclusion of Bahraini citizens from the forthcoming elections of the
National Assembly are disturbing. All human rights defenders who are currently
arbitrarily detained should be released, including Nabeel Rajab.
Iran's dialogue with the Office and strengthened engagement with international
human rights mechanisms are welcome, together with the recent amendment to
drug-trafficking legislation, which abolishes the mandatory death penalty for
some offences. The Government should be encouraged to ensure that the review of
all cases is transparent, with due process guarantees such as effective legal
representation. Continued use of the death penalty for juvenile offenders is
deeply troubling and should be prohibited in all circumstances, with the
sentences of those currently on death row commuted. I deeply deplore the
executions last week of three Iranian Kurdish prisoners, despite the serious
concerns raised by Special Procedures mandate holders that they were not
afforded fair trials, and were subjected to torture. Recent arrests and
ill-treatment of a number of human rights defenders and lawyers are deplorable.
All those detained for peacefully exercising rights to freedom of expression
and association should be released.
In Egypt, I am shocked by Saturday's death sentences for 75 people, following
another mass trial which failed to comply with international standards
regarding due process guarantees. The trial of these protestors contrasts
sharply with a recent law that bestows immunity on senior members of the
security forces for human rights violations which they may have committed.
Prospects for peace and respect for human rights in the Occupied Palestinian
Territory are undermined by the continued occupation. The ever-deepening human
rights crisis in Gaza stems from 11 years of Israel's blockade, as well as
successive escalations in hostilities. Against this backdrop, the high number
of deaths and injuries of Palestinians in the context of recent demonstrations
along the fence in Gaza this year raise serious concerns about excessive use of
force. In the West Bank, including East Jerusalem, the Israeli settlement
enterprise - illegal under international humanitarian law - continues unabated.
The coercive environment created by demolitions and severe restrictions on
freedom of movement of Palestinians continues in many areas of the West Bank,
with increasing acts of settler violence. Of great concern at present is the
possible imminent demolition of Khan al Ahmar-abu Helu, one of 46 Palestinian
Bedouin communities at risk of forcible transfer in the West Bank. We are also
concerned by the recent adoption of the Nation State Basic Law in Israel, which
enshrines discrimination against Israel's non-Jewish population.
The Joint Declaration of Peace and Friendship signed in July between Eritrea
and Ethiopia offers hope for an end to the decades-long stalemate between the 2
countries, which has had very severe impact on the people on both sides of the
border. The Office stands ready to support both countries in protecting human
rights. We particularly look forward to seeing an end to indefinite
conscription into the Eritrean military. In Ethiopia, the Office has recently
visited regions affected by intercommunal violence between the Gedeos and the
Gujies communities, where recent clashes have reportedly forced over a million
people to flee their homes. We welcome initial steps taken by the Government
and urge a thorough, impartial and independent investigation into the human
rights violations which allegedly occurred, with full accountability for the
perpetrators.
In Mali, particularly in the central part of the country and in the region of
Menaka, human rights and basic security are sharply deteriorating as a result
of violence across intercommunal lines; attacks by violent extremist groups;
the use of improvised explosive devices; and counter-terrorism operations
conducted by national and international forces, which do not always respect the
human rights of the people. Credible allegations have been made regarding the
extrajudicial executions of at least 77 people since the beginning of 2018. The
Government has opened judicial investigations for most of these incidents, and
the Office will be closely following up these and other cases.
The situation in Cameroon has also worsened in recent months, as fighting has
intensified in the so-called Anglophone regions between security forces and
armed groups, with a large number of civilian victims and over 180,000 people
forced to take refuge far from their homes - now in pressing need of
humanitarian assistance. Many economic activities across these regions are now
paralyzed. In this volatile security context, many people fear reprisals if
they participate in the Presidential elections scheduled next month. The
Government has not acted to promote the conference on dialogue suggested by
religious leaders, and there is still no mechanism in place which could
envisage a halt in hostilities in the short term. We strongly condemn reports
of the killing and abductions of teachers and students and the destruction of
schools by armed elements in the north-west and south-west regions. These acts
of intimidation are preventing thousands of children from attending school. We
note that the Government has opened investigations into several atrocious
crimes apparently committed by members of the military, and urge swift and
effective action to ensure all the perpetrators of human rights violations are
held accountable. Due process should also be guaranteed for all those detained
in connection with terrorism, and we urge the Government to address key
grievances, in order to foster peaceful resolution of this crisis.
In Sudan, clashes in Jebel Marra between security forces and armed groups have
again led to new displacements of people in recent months. Despite some
improvements in overall security in Darfur, displaced people continue to be
subjected to attacks, including killings and rapes, when they venture outside
their camps. Many such attacks are attributable to Government security forces
and related militias, which still operate with impunity in Darfur.
In South Sudan, the agreement signed by the warring parties last month has
again raised hopes for a peaceful and sustainable solution to the conflict. We
urge the parties to acknowledge their part of responsibility for the violations
suffered by so many across the country, by helping to establish and
operationalize the long-awaited Hybrid Court - notably, by signing its statute.
We are deeply concerned by the general amnesty announced by President Kiir in
Khartoum, which may result in protecting from justice a large number of
perpetrators of serious human rights violations and abuses from both the
government forces and armed groups. We remind the authorities that amnesties
may not shield from prosecution individuals who may be criminally responsible
for war crimes, genocide, crimes against humanity or gross violations of human
rights, including gender-specific violations. The Commission on Human Rights in
South Sudan will hold an interactive dialogue with the Council later on the
session. We join the Commission in deploring the fact that peace efforts have
largely ignored accountability as a lever for change.
In Somalia, continued attacks against civilians by both State and non-State
actors are deeply concerning. In July, UNSOM documented 51 civilians killed and
82 injured, and noted that civilian casualties attributed to Al-Shabaab had
increased 309 % since June, and those attributable to state actors had risen by
125 %. The Office is also extremely concerned by the very limited democratic
space in Somalia. An UNSOM report this month on violations of freedom of
expression notes that between 1 August 2016 and 31 July 2018, at least 8
journalists and media workers were killed and 32 injured; 94 individuals were
arbitrarily arrested and/or subjected to prolonged detention on charges related
to their exercise of freedom of expression; and 19 media organs were forced to
close, some temporarily. A report published by UNSOM and the Office in August
details numerous human rights violations and abuses committed during the 2016
and 2017 electoral process, including 44 cases of killings of community leaders
and electoral delegates.
In the Central African Republic, sporadic clashes between armed groups outside
the main towns continue to expose civilians to atrocity crimes and protection
concerns. We deplore recent attacks against humanitarian workers in the Central
region of the country. Clashes in August and September between ex-Seleka and
anti-Balaka forces in Bria last month caused multiple civilian casualties and
the reported destruction of villages, resulting in forced displacement of their
inhabitants. In the context of current peace initiatives, we emphasise the
importance of ensuring that any agreements comply with human rights law,
address the importance of people's safety, and ensure that the perpetrators of
human rights violations and abuses will be held to account. Those who have
incited violence and hatred between communities should also be held
accountable. The Office is ready to support the establishment of inclusive and
victim-centred transitional justice.
Burundi continues to enforce increasing restrictions on an already
gravely-threatened civic space, amid continuing reports of grave human rights
violations. In another very worrying development, theImbonerakure militia
responsible for multiple abuses is now increasingly acting as a law enforcement
body. In the Democratic Republic of the Congo, widespread violations of civil
and political rights endanger the credibility of the electoral process. The
Council will be briefed on issues in these 2 countries later in the session.
Earlier this year, our Regional Office in Central Asia organized its 1st Human
Rights Defenders Forum for the region, with more than 80 participants. The
Office was, however, unable to invite activists from Turkmenistan, as a mere
invitation could have posed a threat to them. As discussed at the Forum, we
continue to receive reports of intimidation, harassment, arbitrary arrests and
detention, at times marked by ill-treatment, against those who legally and
peacefully express dissenting views in other Central Asian countries - notably
Tajikistan. While the gravity of issues is specific to each country, the
freedoms of journalists, human rights defenders, members of ethnic and
religious minorities and more generally, civil society, have significantly
diminished. Torture also remains a pressing issue across the region, with
widespread impunity for perpetrators. And as in other regions, heavy-handed
policies intended to counter or prevent violent extremism are likely to be
counterproductive; we encourage the authorities to focus on promoting human
rights when developing and applying such policies.
As in other parts of the world, we are also concerned by the numerous reported
cases of torture and ill-treatment committed by law-enforcement and
penitentiary personnel in the Russian Federation. We note the prompt reaction
of the Russian Government and the Federal Ombudsperson to the alleged
collective torture of a detainee by prison personnel in Yaroslavl, and urge
full investigation and accountability to this and all such cases.
Turkey has recently lifted its state of emergency, but we are deeply alarmed at
the recently enacted anti-terror law, which retains numerous emergency
restrictions and is likely to continue their adverse effect on human rights and
fundamental freedoms. For instance, the law restricts due process guarantees,
prolongs the duration of pre-trial detention and allows for continued
dismissals of public officials, including judges and prosecutors, because of
alleged links to terrorist organizations. This de facto state of emergency is
accompanied by the increasing concentration of powers in the executive, and an
intense and ongoing crackdown on journalists and human rights defenders. The
Office also continues to receive an extremely high number of allegations of
deportations of Turkish nationals from third countries, and reported
abductions, enforced disappearances, arbitrary detentions, and torture and
ill-treatment.
The Council will receive a specific briefing on events in Ukraine later in the
session. The ceasefire which began on 29 August to accommodate the beginning of
the school year is another opportunity to for all parties to demonstrate their
serious commitment to the protection of civilians, and end the suffering of
600,000 civilians living close to the contact line, on both sides.
Human rights defenders in the Americas are increasingly facing grave risks as a
result of their legitimate activities. We urge these States to strengthen
protection and preventive measures to swiftly address this deteriorating
situation. In Colombia, by1 September the Office had recorded 53 homicides of
leading human rights defenders this year, and we are verifying 57 more cases.
In Mexico, 8 human rights defenders were killed in the first 8 months of 2018 -
again, more than in the whole of 2017. Many more have been victims of
criminalisation, abusive lawsuits, smear campaigns, surveillance, death threats
and attacks. Last year was also the deadliest year on record for journalists in
Mexico, with at least 12 killings in 2017. In 2018, we have already recorded 8
killed and 1 person who has disappeared. In Guatemala, we have documented 18
murders of human rights defenders so far this year, compared to 12 in all of
2017. The recent Presidential decisions not to extend the mandate of the CICIG
beyond September 2019 - and to refuse entry to the country to its Head, Ivan
Velasquez - are deplorable. They abolish an essential instrument in the fight
against impunity and corruption.
We welcome Haiti's nomination of a high level focal point on human rights, but
its recent withdrawal of support for a resolution which would have provided
resources for establishing a national human rights action plan is
disappointing. We encourage the Council to resume its consideration of
technical assistance to Haiti.
These updates point to many challenging situations, but also progress in some
areas. I very much hope that we can address those challenges, and build on the
progress which has been made.
In a few days it will be the equinox, when our world is poised between equal
night and day.
For us in the Global South this date marks the end of winter and the start of
spring, and many of our cultures celebrate this time as a time of hope and
working together.
I am committed to the task of ensuring that together, we grow civil, political,
economic, social and cultural rights for all, together with the right to
development, and thus ensure peace and sustainable development across the
world.
(source: Sri Lanka Guardian)
INDIA:
Demand for release of Rajiv Gandhi assasination case convicts: A timeline
A look at the fate of 7 convicts in the 1991 Rajiv Gandhi assassination case -
Murugan, Santhan, Perarivalan, Nalini, Robert Payas, Jayakumar and Ravichandran
- that had been hanging on appeals, clemency pleas and the battle between the
Central and Tamil Nadu governments on powers of remission, and also between the
political players of Tamil Nadu.
A timeline:
January 28, 1998: A designated Terrorist and Disruptive Activities Act (TADA)
court sentences all 26 accused to death.
May 11, 1999: On appeal, the Supreme Court upholds death for Murugan, Santhan,
Perarivalan and Nalini, commutes sentence to life for Robert Payas, Jayakumar
and Ravichandran and frees 19 others.
October 8, 1999: Supreme Court confirms death for Murugan, Santhan, Perarivalan
and Nalini, dismissing their appeals to commute their sentences to life.
October 27, 1999: Tamil Nadu Governor rejects clemency petitions of Murugan,
Santhan, Perarivalan and Nalini.
November 25, 1999: Madras High Court quashes Tamil Nadu Governor's rejection of
clemency petitions; directs the Governor to pass a fresh order after obtaining
the State Cabinet's views.
April 19, 2000: Tamil Nadu Cabinet chaired by then Chief Minister M.
Karunanidhi decides to recommend commuting death sentence of Nalini alone.
April 21, 2000: Tamil Nadu Governor accepts Cabinet decision to commute death
sentence of Nalini.
April 28, 2000: Tamil Nadu government forwards clemency pleas of Santhan,
Murugan and Perarivalan to the President.
August 12, 2011: President rejects clemency petitions of Santhan, Murugan and
Perarivalan.
August 26, 2011: Execution of Santhan, Murugan and Perarivalan fixed for
September 9, 2011.
August 30, 2011: Tamil Nadu Assembly adopts resolution urging President to
commute the death sentences of Santhan, Murugan and Perarivalan | Madras High
Court stays execution of the 3 on their plea; petitions transferred to Supreme
Court later.
May 1, 2012: Supreme Court says it would hear the pleas of Santhan, Murugan and
Perarivalan.
February 18, 2014: Supreme Court commutes the death sentence on grounds of
delay in disposing their mercy pleas.
February 19, 2014: Tamil Nadu Cabinet decides to immediately release Santhan,
Murugan, Perarivalan, Nalini, Robert Payas, Jayakumar and Ravichandran; sends
decision to Centre under Section 435 of the Code of Criminal Procedure.
April 1, 2014: Dismissing the Centre's petition, the Supreme Court refuses to
review its verdict commuting death sentence of Santhan, Murugan, and
Perarivalan in the case.
April 25, 2014: Supreme Court refers matter on remission of sentence to
Constitution bench and frames 7 questions to be decided by it.
July 23, 2014: Supreme Court commences hearing to examine power of Centre and
States to grant remission for releasing convicts whose death sentences are
commuted to life term.
July 29, 2015: Supreme Court dismisses Centre's curative plea against
commutation of death penalty into life term of 3 convicts.
August 12, 2015: Supreme Court reserves verdict on constitutional issues
arising out of the Tamil Nadu government decision to set free convicts in the
case, including the power of States to remit sentences.
December 2, 2015: Supreme Court says Centre will decide whether the convicts
will be released or not holding that States cannot exercise the power to grant
remission without any specific plea from convicts.
December 14, 2015: Nalini moves Madras High Court seeking a direction to Tamil
Nadu government to consider her representation for premature release
January 16, 2016: Perarivalan seeks to know the grounds for Bollywood actor
Sanjay Dutt???s premature release from prison.
March 2, 2016: In yet another bid to release the seven convicts, Tamil Nadu
government writes to Centre seeking its views on its decision to free them
April 19, 2016: Centre rejects Tamil Nadu proposal to free the 3.
April 20, 2016: 3-judge Supreme Court Bench to decide on remission issue.
August 17, 2017: The Supreme Court, considering the plea of Perarivalan,
decides to hear the government on the conspiracy and making of the belt bomb
that killed former Prime Minister Rajiv Gandhi.
November 14, 2017: 26 years after the assassination, a former CBI officer who
interrogated 1 of the convicts, then 19-year-old Perarivalan, makes a sworn
statement before the Supreme Court that the CBI omitted the part of the
convict's confession where he said he had "absolutely no idea" of the purpose
for which the two 9 volt batteries he bought would be used for. December 12,
2017: The Supreme Court says the multi-agency probe into the "larger
conspiracy" behind the assassination has not made much headway and seems to be
"endless".
January 23, 2018: A 3-judge Bench of the Supreme Court gives the Centre 3
months to decide the Tamil Nadu government's proposal made in 2014 to remit the
sentences of the 7 life-term convicts.
March 14, 2018: The Supreme Court dismisses Perarivalan's plea seeking recall
of the May 1999 verdict upholding his conviction.
June 11, 2018: The Union Home Ministry seeks details from the Tamil Nadu
government to ???"acilitate further" the latter's request to release the 7
convicts. The Ministry seeks details from the State government on 8 grounds,
including the "physical and mental status of the convicts" and their "economic
and social background".
June 15, 2018: President Ram Nath Kovind rejects the Tamil Nadu government???s
request to release the 7 prisoners convicted in the case.
August 10, 2018: The Supreme Court accepts on record a communication from the
Central government rejecting a proposal made by the Tamil Nadu government to
release the convicts.
August 20, 2018: The Supreme Court gives Perarivalan a fortnight's time to
place on record a copy of his application made to the Tamil Nadu Governor 2
years ago seeking grant of pardon.
September 6, 2018: The Supreme Court asks the Tamil Nadu Governor to consider
the mercy petition of Perarivalan.
September 9, 2018: The AIADMK government in Tamil Nadu decides to recommend to
Governor Banwarilal Purohit the release of all 7 life convicts in the Rajiv
Gandhi assassination case.
(source: The Hindu)
MALAYSIA:
Family of 3 could face gallows following Kluang drug bust
A family of 3 could be facing the gallows if they are found guilty of
drug-trafficking, after drugs were found at their Taman Seri Impian home in a
police raid on Sept 5.
? Based on a tip-off from the public, police, after 2 weeks of surveillance,
raided the house in Jalan Seri Impian 3/7, Taman Seri Impian at 2.50pm.
Kluang district acting police chief, Deputy Superintendent Abdul Razak Abdullah
Sani, said the team from the district police's Narcotics Crimes Investigation
Department found three people in the house.
"Checks were done on the 3, who were a 51-year-old man, his 48-year-old wife
and their 20-year-old daughter.
"The man had a previous record for drug possession," he said.
Checks at the house turned up a packet of ganja, weighing 1,030 grams, valued
at around RM2,500.
Abdul Razak said the 3 suspects are being investigated under Section 39B of the
Dangerous Drugs Act 1952, which if convicted, provides for the death penalty.
They have been remanded for 7 days to aid the probe.
Abdul Razak said police believe they have smashed a small-time drug
distribution network in Kluang.
(source: nst.com.my)
_______________________________________________
A service courtesy of Washburn University School of Law www.washburnlaw.edu
DeathPenalty mailing list
***@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty