Court Determines Ecuador Responsible for Violation of Right to Life of Two Individuals

By: Sallie Moppert
Impunity Watch News Staff Writer

SAN JOSE, Costa Rica – A recent judgment handed down by the Inter-American Court of Human Rights, IACHER, determined that Ecuador was responsible for the violation of the right to life of two individuals who died following a traffic stop and subsequent police chase in 1997. In addition to the violation of the right to life, the Court also found several other violations, including the right to humane treatment, right to a fair trial, and right to judicial protection of their next of kin.

A member of the Ecuadorian Traffic Commission performs a traffic stop.
Photo courtesy of MSN News 360.

Walter Huaćon Baidal and Mercedes Salazar Cuevos were leaving a family reunion on the afternoon of March 31, 1997. While driving, the pair encountered a traffic checkpoint, where Baidal realized he had forgotten his driver’s license and vehicle documents. Baidal turned the car around, driving on the wrong side of the road, to drive to his house to obtain his missing documents. Members of the Traffic Commission, which had been conducting the traffic checkpoint, witnessed Baidal making an illegal turn and driving on the wrong side of the road, leading to two members of the Traffic Commission and four police officers giving chase.

The officers eventually caught up to Baidal and Cuevos and pulled the vehicle over. Baidal and Cuevos were removed from the vehicle and were fatally shot and killed by the officers. Administrative and judicial proceedings were brought against the officers involved in the incident. Five officers were dismissed and, while charges were brought against the sixth officer, he did not appear at the trial. As a result, the proceedings were suspended and the case was eventually declared beyond the statute of limitations on October 11, 2012.

The Court found that the lethal force used by the police force was unjustified and disproportionate, and amounted to nothing more than extrajudicial executions, thus violating the right to life of Baidal and Cuevos. In addition, the officers’ treatment of Baidal and Cuevos during the traffic stop violated their right to humane treatment. The IACHER also determined that Ecuador’s investigation and review of the facts of the case in the police criminal court as opposed to being held in a court with an impartial authority, violated their right to an effective judicial remedy. In addition, Ecuador did not carry out the investigative process with due diligence or within a reasonable period of time. Finally, the Court noted that the families of Baidal and Cuevos had not been able to obtain the truth of the situation and the determination of who was responsible for the incident in the ordinary criminal justice system.

Based on its findings, the IACHER ordered Ecuador to make full reparations for the human rights violations declared in the report, provide the necessary physical and mental health care measures for the family members of Baidal and Cueva, conduct a full and effective investigation of the human rights violations stated in the report, develop and introduce ongoing training programs for police agents, as well as the establishment of protocols on the use of force, introduce measures to ensure effective accountability in the criminal, disciplinary or administrative courts, and introduce measures to strengthen investigative capacity, with due diligence and in accordance with relevant international standards, on possible extrajudicial executions in the context of the use of lethal force by police officers, so that effective protocols are in place to carry out such investigations.

For further information, please see:

Inter-American Court of Human Rights – Ecuador is Responsible for the Extrajudicial Execution of Two Persons and for Failing to Adequately Investigate the Facts – Nov. 21, 2022

Organization of American States – IACHR refers case on Ecuador to the Inter-American Court – July 14, 2021

Bangladesh People Silenced for Political Activism

By: Kendall Hay

Journal of Global Rights and Organizations, Senior Articles Editor

DHAKA, Bangladesh – Violence has recently been erupting in Bangladesh over the upcoming 2023 national election. The current regime has been actively working to silence anyone who chooses to speak out against them. The last general election in 2018 saw similar protests, and accounts of rigged election procedures were reported. The current Prime Minister, Sheikh Hasina, has been in power for 13 years and has won the last three consecutive elections.

Police clash with protesters. Photo courtesy of Reuters

The primary opposition party, Bangladesh Nationalist Party (BNP), has been the prime target of violence and mass arrests. Leaders in this party have faced interrogation, torture, raids, and other methods intended to silence any resistance.

Although there have been peaceful protests, these demonstrations represent the voice of the people asking for the current leader to step down.

Pre-election violence has also ramped up against the relatives of those who are speaking out against the government. Because of loopholes in certain laws, some of these individuals have been arrested without a warrant and have been tortured for their political views without due cause. Police are not working to protect the people, but have been quelling any uprising by using rods, stones, and other means of violence in an effort to “maintain peace”.

The Bangladesh government has repeatedly upheld its stance on “democracy, human rights, and justice”, but as there continues to be an uptick in violence, many fear the election procedures will be no different than the last, which many claim were prejudiced and fraudulent.

Journalists are also currently living in apprehension of being tortured and silenced, and even fear for their lives for speaking out against the current government. Investigative journalists have recently been targeted, and several who have dared to speak out against the government have later been reported missing. One such case involved a journalist who reported on a sex-trafficking ring involving government officials, and then later was stated missing.  It has also been reported that these journalists have been interrogated in inhumane conditions and left in isolation.   

In addition to the unjust treatment of journalists, homes of BNP supporters have been raided, where police are targeting those opposed to the current regime. The BNP also claims that over 180,000 cases have been filed against members of their party in the last 10 years. Cases are also filed with unknown defendants, so that police have a wider berth of accused individuals which they can arrest, interrogate, and keep in custody.

The White House has recently called on the Bangladesh government to investigate the human rights abuses against journalists and activists as reports of injuries and deaths have reached the United States. The US has also asked that the government encourage peaceful protests without intimidation, violence, or fear. The US will continue to monitor the situation closely until the upcoming election.

 

For further information, please see:

Human Rights Watch – Bangladesh: Crackdown on Political Opposition – Oct. 10, 2022

BBC – Bangladesh accused of violent crackdown on free speech – Dec. 10, 2022

CNN – Tens of thousands protest in Bangladesh to demand resignation of Prime Minister Sheikh Hasina – Dec. 11, 2022

AlJazeera – Bangladesh opposition stages protests as it challenges PM Hasina – Dec. 11, 2022

Reuters – White House calls on Bangladesh to investigate reports of pre-election violence – Dec. 9, 2022

Migrant Children’s right to an education threatened by U.S. Governor

By: Christina Rosa Ralph

Journal of Global Rights and Organizations, Associate Articles Editor

TEXAS, United States – The Supreme Court said in Plyler v Doe, “To control the conduct of adults by acting against their children…does not comport with the fundamental concepts of justice.”  Plyler v Doe, 457 US 202, 220 (1982).  Yet, recently, U.S. politicians have begun to more openly and strenuously vilify asylum seekers and undocumented immigrants by labeling them as an “invasion” and blaming them for any number of social ills.  The language seems calculated to agitate people for political reasons and to make them feel anger and hate toward immigrants.  While xenophobic rhetoric from politicians is not new, it is particularly troubling that at least one, Governor Greg Abbott of Texas, has aimed his anti-immigration rhetoric toward innocent migrant children by attacking their right to an education.

Children holding a sign affirming their right to education. Photo Courtesy of CavsConnect.com

Gov. Abbot recently announced plans to challenge Plyler, the 1982 landmark Supreme Court decision that held that all children, regardless of their immigration status, are entitled to equal protection of the law under the 14th Amendment. Plyler struck down a Texas law that allowed undocumented children to be charged for, or excluded from, Texas’s public education system.  Plyler also reaffirmed that the 14th Amendment provisions are “universal in their application…without regard to any differences of race, of color, or of nationality.” 457 U.S. at 212. Yet, Abbott seems determined to label undocumented children a “subclass” not worthy of equal protection under the law, not only under Texas law, but in the hearts and minds of his supporters and others who see no injustice in vilifying children who are simply seeking to get an education.

Abbott’s comments make it clear that, in his opinion, Texas is only educating migrant children because the Federal government is forcing it to; and implying that undocumented children are to blame for deficiencies in education.  But these assertions are challenged, by many Texas educators, including Dallas Superintendent, Michael Hinojosa, who labeled Abbott’s comments a “manufactured crisis in the name of politics.” However, while Abbotts’s comments have been dismissed as “woefully ill-informed” and have been labeled a political “dog whistle” that does not make them any less dangerous to the children he is openly attacking.  And given that Abbott does not bother to distinguish between undocumented children, and children who are US citizens with undocumented parents, the dangers his broad vilification creates threatens all immigrant children and their families. 

In the 40 years since Plyler, states have used direct and indirect ways of limiting immigrant children’s access to education by adding to the already formattable obstacles to education faced by migrant children across the U.S.  Undocumented children, and children who are U.S. citizens of undocumented parents, face constant uncertainty and fear; language, cultural and social barriers; and often poverty and isolation. While the perception of immigrants, flamed by incendiary comments by public officials, is “intrinsically tied to negative perceptions” about immigrants, and a constant reminder to these children that many believe they are not welcome and do not belong.

The Supreme Court called education the “primary vehicle for transmitting ‘the values on which our society rests.’”  In Texas, it appears the governor is willing to use that vehicle to pass on values that teach some children they are more deserving of an education than their peers who are immigrants or 1st generation Americans while teaching others that they are, and will remain, a subclass of persons not worthy of an education or of equal protection under the law.

 

For further information, please see:

Dallas Morning News – Texas Educators say Immigrant Children aren’t as Much of a Worry as State Funding – May 9, 2022

Institute for Immigration Research – Plyler v Doe: Implementation, Challenges, and Implications for the Future – Aug. 2022

Latina Republic – Barriers in the United States Education System for Immigrant Children – June 23, 2021

MALDEF – MALDEF Statement on Texas Governor’s Comments on Landmark Educational Ruling – May 5, 2022

NPR – Talk of ‘invasion’ moves from the fringe to the mainstream of GOP immigration message – Aug. 3, 2022

Plyler v Doe, 457 U.S. 202 (1982)

New York Times – Texas Governor Ready to Challenge Schooling of Migrant Children – May 5, 2022

The World Cup Kicks Off in Qatar Amid Scrutiny

By: Hannah Gavin

Journal of Global Rights and Organizations, Senior Associate Member

LUSAIL, Qatar – Kicking off on November 20th, the FIFA World Cup began in Lusail, Qatar. The World Cup, while typically a joyous occasion, has been shrouded in questions about the civil rights status of many living within Qatar. Primarily these concerns which have garnered international attention, include issues with LGBTQIA+ people and migrant workers. Although some hope was given that there would be some mitigation of these issues prior to the start of the game, no such hope remains. 

Construction work in Doha, Qatar ahead of the 2022 World Cup. Photo courtesy of Tasneem Alsultan for The New York Times

Qatar is a small, oil-rich shore country on the Persian Gulf. The nation is a traditionally conservative Muslim nation which adheres to a strict interpretation of Islam. Many in the International community feared that the nation was not open enough to Western ideals to accommodate such a multicultural event. One concession Qatar made was to allow alcohol to be consumed within the stadiums. However, just two days before the first match, the country reneged on this promise and made the stadiums go dry.

One of the most prominent issues in the nation is its treatment of LGBTQIA+ people. It is illegal to be gay in Qatar. Any act that is considered “immoral” can lead to a prison sentence. Fans have feared that it may not be safe for LGBTQIA+ visitors in the nation. Despite reassurances from Qatari leaders, since the commencement of the games, there have been several instances of fans being forced to change out of rainbow dress and players being banned from wearing rainbow armbands. Although, so far, LGBTQIA+ fans within the designated stadium zones have gone unharmed, outside of the designated zones they do not have the same protections.

Another human rights issue in Qatar is the treatment of migrant workers. In the past decade, Qatar has welcomed millions of migrant workers in an attempt to make up for a lack of cheap labor within the country. Over three million migrants currently live in the nation. These workers worked in horrid conditions, getting paid on average less than $300 per month. Although Qatar claims less than 50 workers have been killed in the building of the stadiums, other estimates are in the thousands. Beyond this, many workers have been under the complete control of their employers with almost no autonomy. While many gather in the stadiums built by migrant workers, there are families across mainly southern Asia whose loved ones will never return.

Despite these serious concerns, the World Cup in Qatar will go on. The event is estimated to draw in over $10 billion for the country. Although a massive success even despite the controversy, no attendee can ignore that past the glitz and glam, there are real lives at risk in the small country. Once the matches end and the pitch is cleared, these individuals will have to continue on in a nation in which they are not valued. 

 

For further information, please see:

Britannica – Qatar: Host of the 2022 World Cup – 2022

Human Rights Watch – Qatar: Security Forces Arrest, Abuse LGBT People – Oct. 24, 2022

NPR – Here are the things World Cup fans are restricted from doing in Qatar – Nov. 19, 2022

NYT – The World Cup’s Forgotten Team – Nov. 16, 2022

ICC Prosecutor Releases Statement after Arrest and Extradition of Key Suspects of Trafficking Crimes in Libya

By: Sallie Moppert

Impunity Watch News Staff Writer

THE HAGUE, Netherlands – On October 5, 2022 and October 12, 2022, two Eritrean men were arrested in Ethiopia and extradited to the Netherlands and Italy, respectively, to face charges for crimes against victims of human trafficking and human smuggling in Libya. Both arrests come after years of investigations and cooperation between international agencies.

Ghebremedhin Temesghen Ghebru is escorted back to Rome by members of the Service for International Police Cooperation after being arrested and extradited. Photo courtesy of L’Unione Sarda.

On October 5, 2022, an unnamed 38 year-old Eritrean man was extradited to the Netherlands from Ethiopia following a prolonged investigation between the Dutch Public Prosecution Service and the Royal Netherlands Marechaussee. One week later on October 12, 2022, Ghebremedhin Temesghen Ghebru, a 35 year-old from Eritrea, was extradited to Italy from Ethiopia after a year-long investigation conducted by the Polizia di Stato and the Palermo Prosecutor’s Office. Both individuals were arrested in connection with human smuggling from Africa to Europe. The smuggling victims were subjected to brutal violence while in camps in Libya and were also forced to endure beatings, starvation, sexual violence, and extortion.

“The arrest and extradition of those two suspects are of significant importance in the work that Italy and the Netherlands are doing to hold perpetrators accountable for crimes targeting migrants,” said International Criminal Court (“ICC) Prosecutor Karim A.A. Khan QC. “I commend the authorities in both countries for their meticulous and effective investigative work as well as the Ethiopian authorities for their decisive action. These criminal investigations also benefitted from the support provided by the United Kingdom of Great Britain and Northern Ireland, Europol, and Interpol, among others.”

The illegal human trafficking and smuggling network that Ghebru was one of the leaders of operated between Central Africa in Eritrea, Ethiopia and Sudan; (Eritrea, Ethiopia, Sudan), the Maghreb region of Africa, specifically Libya; and in Italy and Northern European countries like England, Denmark, the Netherland, Belgium and Germany. Karim applauded the efforts of the various countries involved in the arrests of the two trafficking suspects, highlighting how international cooperation is essential to equal protection under the law, specifically for migrants.

“These recent arrests and extraditions are a clear sign that international cooperation works. The collective effort in these two cases is a prime example of what can be achieved when States, agencies, and my Office join forces in pursuit of a common goal. This is the way forward if we want to ensure that no one is above the law and the impunity gap is narrowed,” Khan said. “I was delighted that we were able to take this step, further aligning our action and resources with others, including the authorities from Italy, the Netherlands, the United Kingdom, Spain, as well as Europol. I wish to underline my commitment to continue strengthening our engagement and support to our national partners moving forward.”

 

For further information, please see:

ICC – Statement of ICC Prosecutor Karim A.A. Khan KC on arrest and extradition of suspects in relation to crimes against victims of trafficking in Libya – Oct. 21, 2022

L’Unione Sarda – Human trafficking Africa-Europe: a dangerous fugitive in handcuffs – Oct. 12, 2022

Reuters – Top migrant trafficking suspect caught in Ethiopia, Italy says – Oct. 11, 2022