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IACHR Calls Honduras to Protect Human Rights Defenders After at Least Five Murders this Year

By: Marie LeRoy

Impunity Watch News Staff Writer

HONDURAS — The Inter-American Commission on Human Rights (IACHR) demands that Honduras investigate the murders of Human Rights Defenders “effectively and with due diligence” after yet another vicious murder this year.

Picture of activist in Guapinol, Honduras protesting open pit mining. Security forces look on from across the river. Picture curtesy of Ignatian Solidary Network.


At least five human rights activists, who focused on environmental rights, have been reported to have been murdered this year in Honduras. According to the IACHR, some of the activists have been targeted because of their involvement in the protests against the “operation of an open-pit oxide mine” in an aera in Guapinol, Honduras that had been designated as an “forest reserve”. Open pit mining can pollute rivers and contaminate water which directly effects the rural communities in Honduras relying on the river. The activists claim that the mining allowance was illegally granted because of the “forest reserve” status of the land and therefore should be stopped. The mining company and local authorities have responded to these protests by allegedly targeted around thirty-two leaders of these environmental groups and “falsely accusing them of crimes”.

Local police and prosecutor in Honduras have attempted to attribute these deaths to incidences of local violence unrelated to the Human Right Defenders’ protests. Some reports by the local police have stated that the victims’ deaths were a result of a “botched mugging” although the victims were found with their cellphones and money.

The lack of efforts by the police, prosecutors, and authorities to investigate and protect these Human Rights Defenders, and to even attempt to “cover up” the crimes, has not gone unnoticed. Human Rights Defenders in Honduras have had a longstanding history of being violently targeted in attempts to silence them in their opposition and their organizations. The way in which these Human Rights Defenders’ have been routinely targeted include acts of intimidation, including intimidating messages, harassment, and death threats, to outright acts of violence, including acts up to and including murder.

These acts on Human Rights Defenders can result in fewer and fewer individuals willing to advocate for these causes as well as similar important causes. The effects of the decline in advocacy seeps into every aspect of life, polluting and decaying entire communities’ quality of life until Human Rights in general are a thing of the past. The IACHR demands Honduras “take all measures necessary to protect the rights to life, integrity, and safety of human rights defenders” to ensure the continuation of advocacy in Honduras.

For further information, please see:

Aljazeera – UN calls for probe into killing of two Honduran environmentalist- 12 Jan. 2023

Business & Human Rights Resource Centre – Honduras: IACHR condemns killing of at least 5 land defenders and calls on the State to investigate them diligently and effectively – 14 Feb. 2023

Business & Human Rights Resource Centre – Honduras: Local activists & UN call for investigation after murder of 2 human rights defenders—17 Jan. 2023

IACHR- Press Release IACHR Condemns Murders of Right Defenders in Honduras- 14 Feb. 2023

The Guardian – Honduran environmental defenders shot dead in broad daylight – 11 Jan. 2023

ProtectDefenders.edu – Honduras: Violent attacks & murder of human rights defenders—9 Feb. 2023

Sentence and Conviction of Nobel Peace Prize Laureate Signals Bealrus’ Efforts to Deter Human Rights Activists

By: Nathanael Linton

Journal of Global Rights and Organizations, Associate Articles Editor

            On March 3, 2023, Ales Bialiatski, among other human rights activists, was sentenced by the Lieninski District Court of Minsk, under presiding Judge Maryna Zapasnik, to serve long-term prison terms. Mr. Bialiatski won the Nobel Peace Prize in 2022 for his “courageous work and dedication to promoting human rights and democracy in Belarus.” He founded the organization Viasna to “provide support to incarcerated demonstrators and their families” who opposed Belarus’ constitutional amendments made in 2016 to keep then-and-current President Alexander Lukashenko in power.

Ales Bialiatski in cage enclosure during trial. Photo courtesy of Viasna

Mr. Bialiatski is currently serving ten years for being found guilty of “smuggling by an organized group” under Part 4 Article 228 of the Criminal Code, and for “financing of group actions grossly violating the public order” under Part 2 of Article 342 of the Criminal Code. However, this is not his first time being sentenced by the Belarusian government. In 2011, he was sentenced to three years for alleged tax invasion, and again in 2021 for protesting current President Lukashenko’s administration for human rights violations committed by the Belarus government. To date, Mr. Bialiatski has been in Belarusian custody since July 14, 2021.

Human rights activists and opponents of the current Belarusian government have stated that the imprisonment of human rights activists is “politically motivated.” In his defense, Mr. Bialiatski argues that “the activities of Viasna has been completely legal and comply with all international obligations of the Republic of Belarus.” However, Judge Zapasnik has found the allegations against Bailiatski, as well as the other high-level leaders of Viasna organization, to be “fully proven.” During their detainment, Mr. Staradubets, a spokesperson for Viasna, states that the conditions in which Mr. Bialiatski and others are being kept should be considered “torture.” According to Staradubets, ‘We call [it] torture because

they’re being held for several months in a 19th-century building, poorly lit cells with no fresh air, no sunlight, poor food, [and] little to no healthcare.” However, when confronted with allegedly imprisoning activists as a form of oppression, Mr. Lukashenko simply argues that all government opponents, including Mr. Bialiatski, were incarcerated for breaking the law. The recent decision now sends him to a medium-security penal colony.

            The incarceration of Mr. Bialiatski though is not the first time Belarus makes headlines for its troubling human rights issues. According to the Commissioner for Human Rights in the Council of Europe, Belarus made headlines after their 2020 presidential elections in which “various peaceful protestors were arrested, and other individuals reported missing.” The right to life is being troubled by Belarus’ numerous deprivations of liberty. These individuals’ sacrifices should not be in vain, especially those of a Nobel Peace Prize laureate. In a country such as Belarus, whose actions have been condemned by various international bodies, work should be done to prosecute Belarus for its egregious and hostile actions toward workers of human rights. Our thoughts and prayers are with Mr. Bialiatski, his family, and all other human rights activists who still fight for justice despite their current conditions.

 

For further information, please see:

BBC News – Ales Bialiatski: Nobel Prize-winning activist sentenced to 10 years in jail – 3 Mar. 2023

Council of Europe, Commissioner of Human Rights – Press Statement: Belarus: today’s conviction of Nobel Laureate Bialiatski and other human rights defenders is a blatant attack against justice – 3 Mar. 2023

Council of Europe, Commissioner of Human Rights – Press Statement: Human rights violations in Belarus must stop immediately – 21 Sept. 2020

PBS News – Belarusian court sentences Nobel laureate Bialiatski to 10 years in prison – 3 Mar. 2023.

U.N. Office of High Commissioner for Human Rights – Press Statement: Sentencing of Human Rights defenders in Belarus – 3 Mar. 2023

Viasna – Viasna leadership receives from 7 to 10 years in jail – 3 Mar. 2023

Wall Street Journal – Nobel Laureate and Activist Ales Bialiatski Sentenced to 10 Years in Belarusian Prison – 3 Mar. 2023

ICC Prosecutor Announces Conclusion of Investigation Phase in Central African Republic

By: Sallie Moppert

Impunity Watch News Staff Writer

THE HAGUE, Netherlands – After over a decade of investigations into the atrocities and crimes occurring in the Central African Republic, the International Criminal Court (ICC) announced that it would be concluding the investigation phase into a situation being addressed by the Court. The ICC opened its first investigation into the Situation in the Central African Republic in May 2007. The goal of the investigation was to uncover and examine evidence of alleged crimes against humanity and war crimes during the armed conflict occurring in the Central African Republic (CAR) between July 2002 and July 2003. A second investigation was launched in September 2014 after a referral by the Government of the CAR, with this investigation looking into the alleged crimes against humanity and war crimes occurring between the armed groups Séléka and the Anti-Balaka since August 2012.

Muslim families in a neighborhood near Bangui, trapped by the violence occurring, make plans to flee their homes.
Photo courtesy of Human Rights Watch.

“Our work in the Situation in the Central African Republic is, however, far from over,” ICC Prosecutor Karim A.A. Khan KC explained in his statement. “My Office will now concentrate its efforts on ensuring the successful prosecution of those subject to arrest warrants and significantly deepening its cooperation with the Special Criminal Court for the CAR.”

Since the commencement of the investigations into the Situation in the CAR, several individuals have been arrested and charged with various crimes against humanity and war crimes. Two notable cases include that of Alfred Yekatom and Patrice-Edouard Ngaïssona, who have been charged with a multitude of crimes, including intentional attacks against the civilian population, murder, rape, cruel treatment, mutilation, persecution, severe deprivation of physical liberty and recruiting child soldiers. Another ongoing case involves the confirmation of charges against Maxime Mokom, who has been arrested and transferred to the ICC in March 2022 for similar crimes. The Mokom case was recently postponed by the Pre-Trial Chamber on January 24, 2023.

“Since the opening of these investigations, my Office has examined evidence related to alleged crimes committed by all parties to the armed conflict. It carried out its work in an independent, impartial and objective manner, in partnership with survivors, civil society, and with fruitful cooperation of relevant national authorities,” Khan said. “In the discussions held between my Office and Central African Republic authorities, we have addressed a common vision through which the focus of action for accountability will now move to the domestic level, with the committed and meaningful support of my Office. My Office stands ready to continue its work with and alongside the authorities of the Central African Republic, survivors, the families of victims, and civil society in the task that lies ahead.”

 

For further information, please see:

Human Rights Watch – Central African Republic: ICC Investigation Needed – 26 June 2014

ICC – Situation in Central African Republic II: Alfred Yekatom surrendered to the ICC for crimes against humanity and war crimes – 17 Nov. 2018

ICC – Situation in Central African Republic II: Maxime Jeoffroy Eli Mokom Gawaka surrendered to the ICC for crimes against humanity and war crimes – 14 Mar. 2022

ICC – The Prosecutor of the International Criminal Court, Karim A.A. Khan KC, announces conclusion of the investigation phase in the Situation in the Central African Republic – 16 Dec. 2022

ECHR Finds Plaintiff’s Husband’s Right to Life Violated While he was Held in an Armenian Detention Facility

By: Marie LeRoy 

Impunity Watch News Staff Writer

STRASBOURG, France – The European Court of Human Rights (ECHR) reverses a District Court judgment and finds that Armenia failed to protect Slavik Voskanyan’s right to life through its negligent provision of medical services.

 
Picture of hallway of an Armenian prison. Photo curtesy of: AZERNEWS

On October 7, 2010, Plaintiff’s husband, Slavik Voskanyan, was arrested under suspicion of murder and armed assault. Voskanyan was placed in an Armenian detention facility while he awaited trial. Eleven days later, Voskanyan began complaining of pain in his left shin. One of the detention facilities’ doctors immediately began treating Voskanyan for his injury. On October 19, the doctor noted that “crepitation was observed upon palpation” of Voskanyan’s shin and that “brown pus with an unpleasant smell” was found within the injury.

On October 21, a different detention doctor went to check Voskanyan’s injury and reported to the chief detention facility doctor that Voskanyan’s injury was getting worse. The doctor noted that they believed that the “infected area may possibly spread” and that Voskanyan was experiencing severe pain. Three days later, Voskanyan was finally transferred to the local hospital with the intention that he undergo surgery on his shin. Voskanyan, however, succumbed to the infection and died the same day in the hospital.

A forensic investigation was immediately commenced, and a panel of experts were consulted. The experts concluded that the detention facility doctor did not diagnosis Voskanyan correctly. The experts indicated that the October 19 examination should have alerted the doctor to the seriousness of the injury and the presence of an infection diagnosis like “gangrene.” They noted that the doctor should have recognized Voskanyan’s injury deterioration and reacted accordingly by changing the treatment method. The panel further concluded that the doctor, when noting the “crepitation” and “unpleasant smell,” was “obliged” to send Voskanyan to the hospital for treatment. The panel of experts finally concluded that it might have been possible, if the doctor employed the correct treatment and response, to prevent Voskanyan’s death.

Despite these findings, multiple Courts have dismissed Voskanyan’s wife’s claims for medical negligence because it is unclear whether Voskanyan’s shin injury originated and was made worse through methods of self-harm.

However, the ECHR found for Voskanyan’s wife, deciding that the domestic authorities did not do everything that was “reasonably possible, in good faith and in a timely manner” to save Voskanyan’s life. The ECHR stated that the dentition facility had a duty, because Voskanyan was “under their control”, to protect his life and that Voskanyan’s own actions were irrelevant to that duty. Therefore, the ECHR reversed the prior decisions finding for the Armenian government and held that the Armenian government must pay Voskanyan’s wife twenty thousand euros worth of damages.

 

For further information, please see:

Voskanyan v. Armenia – ECHR—24 Jan. 2023

Voskanyan v. Armenia –ECHR Communicated Case — 1 Sept. 2015

ICC Reopens Probe on Duterte’s Deadly Drug War in the Philippines, Who Say They Will Not Cooperate

By: Brandon Cho

Journal of Global Rights and Organizations, Associate Articles Editor

THE HAGUE, Netherlands – On January 26, 2023, the International Criminal Court (ICC) granted investigations into alleged crimes against humanity to resume in the Philippines after the Court had taken a step back at Manila’s request in 2021. Upon careful review of the materials provided by the Republic of the Philippines, the Court is not convinced that a proper and sufficient investigation was being conducted by the powers within the Philippines.

Activists take part in a rally protesting at an escalation of President Rodrigo Duterte’s war on drugs, in Quezon City, Metro Manila, Philippines, August 18, 2017. Photo Courtesy of: REUTERS/Dondi Tawatao/File Photo

Former President Rodrigo Duterte began an intensified war on drugs near the onset of his presidential term which claimed more than 6,000 lives mostly among the poor. The police claim that many of these killings were against suspects of drug peddling or being drug lords, and Duterte openly ordered police to shoot anyone who resisted arrest. Thousands more are estimated to have been killed by vigilante gunmen who may have been deployed by the police. While the infamous part of the campaign and Duterte’s term took place from 2016 to 2019, the “war on drugs” campaign began in 2011. In response on September 15, 2021, the Office of the Prosecutor (OTP) initiated an inquiry into the crackdown alleging crimes against humanity committed in the Philippines from November 1, 2011, to March 16, 2019.

Under article 18(2) of the Rome Statute “[…] a State may inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction with respect to criminal acts […]. At the request of that State, the Prosecutor shall defer to the State’s investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation.”

Following the initial inquiry, the Republic of Philippines requested the investigation be deferred in favor of the country’s internal investigation. In addition, the Philippines, a party to the Rome Statute since November 1, 2011, withdrew from the Statute on March 17, 2018 which took effect on March 17, 2019. The Philippines Justice Secretary, Jesus Crispin Remulla, does not welcome the ICC and said that the ICC cannot impose itself on Philippines’ sovereignty because it is no longer a signatory of the Statute.

Duterte refuses to apologize for the mass killings and assumes full responsibility for the outcome. He claims the crackdown was lawfully directed against drug lords and dealers and denies extrajudicial killings.

From what has been gathered here, it is unclear if the ICC has jurisdiction over the Republic of Philippines. While the drug war killings occurred while the Philippines was a party to the Statute, it has since withdrawn its cooperation with the Statute before the investigation began. There is an obvious conflict between fear of unfair prejudice and the principles of accountability. A proper investigation by the ICC should be carried out for the interest of justice. How this situation develops will mean everything to the families of drug war victims still seeking justice in long, drawn-out cases.

 

For further information, please see:

AP News – Intl judges reopen Philippines ‘war on drugs’ investigation – 26 Jan. 2023

ICC – ICC Pre-Trial Chamber I authorizes Prosecutor to resume investigation in the Philippines – 26 Jan. 2023

Reuters – Philippines defiant, says won’t cooperate with ICC investigation – 27 Jan. 2023

Reuters – Philippines’ Duterte says he takes full responsibility for drugs war – 21 Oct. 2021

Reuters – Philippines’ Duterte says will never apologize for drug war deaths – 4 Jan. 2022