After Nearly Thirty Years, the Inter-American Court of Human Rights Compels Peru to Comply with Prior Decisions In an Effort to Uphold the Right to Fair Trial and Judicial Protection

By: Jocelyn Anctil 

Impunity Watch News Staff Writer 

SAN JOSÉ, Peru – After Peru commenced the privatization of state-owned companies in 1991, the government liquidated the Empresa Comercializadora de Alimentos S.A. (ECASA), along with the jobs of approximately three thousand employees. Although a salary increase was established through bargaining agreements, the government suspended them. In response, the dismissed workers of the ECASA filed an action of protection. The Supreme Court of Justice ruled in favor of the workers and ordered execution of its decision in February of 1993. The process for execution of this decision has remained open for twenty-six years. The Inter-American Commission on Human Rights referred the case to the Inter-American Court of Human Rights (IACHR) after finding that Peruvian judicial authorities failed to definitively resolve the issues.

Finally, the case was heard by the IACHR which reached a decision on June 6, 2024. The American Commission on Human Rights asked the IACHR to declare the State of Peru responsible for multiple violations of the American Convention on Human Rights, including the right to a fair trial. The IACHR agreed and ruled in favor of the workers. Article 25 of the Convention gives the right to judicial protection. The court found that in order for judicial protection to be effective, states must have the ability and mechanisms to execute final judgements. Peru is to pay $5,000 to each victim identified in the case. In case there are more victims unaccounted for, the court also stated Peru is to create a trade union register.

 
Attendees of a hearing of the Inter-American Court of Human Rights (IACHR). Photo courtesy of EFE/Alexander Otarola.
 

This decision relates to a bigger issue: The Peruvian State has failed to enforce judgements against state entities since the 1990s. At a domestic level, courts often delay execution or do not execute the judgement at all. This creates complications as victims die while waiting for enforcement. Peru has not adopted or created the measures necessary to remedy this pattern and avoid future violations. As a result, the IACHR also urges Peru to hold a forum for debate and reflection to analyze the structural issues and allow the workers of ECASA and their family members involved in this case to participate. In an effort to decrease unreasonable delays and increase efficiency, the IACHR also ordered the Peruvian State to implement a mandatory training to inform judges who are unaware of how to handle and execute actions of protection.

 

For further information please see,

IACHR – Judgments – 24 Feb. 2025

OAS – IACHR refers case on Peru to the Inter-American Court – 11 Jan. 2021

Agencia EFE – CorteIDH condena a Perú por violar los derechos de trabajadores – 16 Nov. 2024

NY Law Globalex – The Amparo Context in Latin American Jurisdiction: An Approach to an Empowering Action – Mar. 2023 



ECHR Declares Italy’s Failure to Address Criminal Organization Dumpsites Constitutes Violation of Right to Life

By: Jacob Samoray

Journal of Global Rights and Organizations, Senior Article Editor

 

ITALY – The European Court of Human Rights ruled late last month that inaction by the Italian State in addressing the illegal dumping, burning, and burying of garbage on private land across the Campania region. The waste included hazardous materials, and increased rates of cancer and groundwater pollution have been recorded in the area, effects linked to illegal dumping in the area. This dumping has overwhelmingly been carried out by organized crime syndicates that operate in the Terra dei Fuochi region of Campania.

The court announced in a Chamber judgement that the Italian government’s failure to adequately respond to the situation constituted a violation of the ECHR’s Article 2 Right to Life. The Court paid particular attention to what it perceived to be a serious failure to act diligently and expeditiously despite the State’s knowledge of the situation and its severity. The ECHR Court requested that the state draft a “comprehensive strategy” to address the situation, including the creation of independent monitoring mechanisms and creation of a means of informing the public of the situation, and any dangers presented to them. A 2-year time-limit has been set by the Court for Italy to meet these requests, during which time the pending applications against the State will be adjourned.

 
Illegal burn pile in Scafati, Italy, near Naples. Photo courtesy of Angelo Ferrillo.
 

Campania holds 90 municipalities including Naples, the regional capital, and is home to roughly 2.9 million Italian citizens. The initial suit was brought by 41 Italian nationals who live in the Campania region, as well as 5 different organizations based in the region.

The epidemic is largely linked to criminal organizations operating illegal waste disposal services. The Camorra, the primary syndicate behind such operations, began waste disposal operations in the mid-1980’s due to the significantly lower risk compared to other illicit operations, paired with the high potential for profits. The organization operates by undercutting legitimate waste disposal companies who are bound by environmental regulations, taxes on business, and safety requirements that have the effect of driving up the prices of waste disposal. Costs are cut by completely disregarding these safety guidelines, dumping hazardous waste and municipal garbage in quarries, glens, and private property all across the region. This tactic of undercutting legitimate waste disposal services has led to a near monopoly on waste management in Campania for The Camorra.

While the Italian government has taken steps to address issues of land pollution and air pollution due to burning of hazardous waste (increasing law enforcement efforts cracking down on illegal dumping; increasing punishments for illegally burning trash; adoption of legislative decrees creating government groups to combat the issue) efforts only began as late as 2014, and have not been effective in combatting the environmental damage and health crisis posed by such operations. Recent crackdowns by law enforcement, bolstered by harsher penalties, have been effective in causing Camorra members to inform on their organization to authorities. With any hope, the international pressure of the ECHR will provide further pressure to address the issue more effectively.

 

For further information, please see:

ECHR – Cannavacciuolo and Others v. Italy – 1 Jan. 2025.

ECHR – Judgment concerning Italy – 1 Jan. 2025.

ECHR – Prolonged inaction by Italian State on widespread dumping put Terra dei Fuochi residents’ lives at risk – 30 Jan. 2025.

National Museum of Organized Crime and Law Enforcement – The Camorra and the Garbage Racket in the ‘Land of Fires’ – 23 Mar. 2020.





IACHR Issues Judgement Against Nicaragua for Violating Political Rights in 2011 Election

By: Jesse Elmer

Impunity Watch News Staff Writer         

 

SAN JOSÉ, Costa Rica – The Inter-American Court of Human Rights ruled that the State of Nicaragua violated political rights, judicial guarantees and judicial protection of Mr. Fabio Gadea Mantilla in the 2011 presidential elections. The IACHR determined that the judicial system of Nicaragua lacked an effective judicial remedy to review decisions.

 
Fabio Gadea Mantilla giving a speech. Photo Courtesy of El País.
 

            Bolivian attorney Jaime Aparicio, one of Mr. Mantilla’s representatives, discussed the importance of the ruling. He commented, “this is one of the first times the court refers to the electoral issue, meaning that it incorporates the protection of the right to be elected in free and transparent elections into human rights violations.”

            This holding follows a year where the Inter-American Court of Human Rights took action on multiple fronts to protect free and fair elections in the Americas. On 30 April 2024, the IACHR released a resolution recognizing election observers as human rights defenders. This resolution mirrored recent statements issued by the UN. The IACHR also issued an extensive report regarding human rights violations in Venezuela following the presidential election of July  2024. Following the election results, the State of Venezuela under President Nicolas Maduro arrested protestors en masse, generating reports of torture and extrajudicial killings.

            The IACHR’s holding came the same week as the President of Nicaragua consolidated power. President Daniel Ortega proposed widespread reform to extend executive control over judicial and legislative duties. Under these reforms, the president would have the authority to order the army to intervene to support the police or take executive branch positions. International commentators from the UN have expressed concern about the appointment of Ortega’s wife as “co-president” and a newfound ability for either co-president to name “vice presidents.” This mechanism could be used to keep the presidency of Nicaragua within the family, strengthening the autocratic regime.   

 

For further information, please see:

IACHR – Judgment Regarding Fabio Gadea Mantilla – 23 Jan. 2025

Confidencial – IACHR Rules Against Nicaragua, Stating That “Indefinite Reelection is not a Human Right” – 27 Jan. 2025

JURIST News – IACHR report highlights extensive human rights violations following Venezuela presidential election – 7 Jan. 2025

Reuters – Nicaragua’s Ortega Expands Power as Reforms Win Final Approval – 30 Jan. 2025

Verfassgungsblog – The Inter-American Commission Recognizes Electoral Observers as Human Rights Defenders – 03 Oct. 2024.

The International Court of Justice Hears Largest Case in History on Climate Change

By: Sierra Radley

Journal of Global Rights and Organizations, Associate Articles Editor

 

THE HAGUE, Netherlands – On March 29, 2023, the U.N. General Assembly adopted a resolution requiring the International Court of Justice (ICJ) to issue an advisory opinion on “the obligations of States in respect to climate change.” The ICJ held public hearings for this opinion from December 2 to December 13. 

 
Members of Vanuatu’s government at an ICJ hearing in December 2024. Photo Courtesy of Piroschka Van De Wouw.
 

96 countries and 11 international organizations participated in the hearings, including Germany, the United Kingdom, Canada, Saudi Arabia, the World Health Organization, and the European Union. 90 countries sent written testimony into the ICJ. This case is the largest in ICJ history.  

Climate change activists behind this case emphasized that climate change threatens the human rights of people around the world. The nation of Vanuatu, a collection of islands in the South Pacific Ocean, led the movement for the ICJ to consider this case. Vanuatu is increasingly susceptible to the impacts of climate change because of sea-level rise in the Pacific Ocean. Vanuatu’s lawyers believe that many of its citizens will die because of rising sea waters and want those who are responsible to be held accountable for the rise in sea level. 

Various courts have recently considered the link between human rights and climate change. In 2024, the European Court of Human Rights held that Switzerland violated its citizens’ human rights by failing to decrease greenhouse gas emissions. In 2019, the Dutch Supreme Court held that human rights are affected by climate change and the government must protect its citizens’ human rights through climate-friendly actions. These decisions acknowledged that human rights are affected by climate change. This link between human rights and climate change is likely to be discussed in the ICJ’s opinion. 

This is not the first request for an advisory opinion on climate change from the ICJ. Palau and the Marshall Islands tried to request an opinion around 10 years ago. However, that attempt failed because of political resistance. 

This ICJ opinion has not been released yet, but is expected in 2025. Even though this opinion is not binding, it could further the link between human rights and climate change, and serve as a reference for future climate litigation. Many courts use the ICJ’s rulings as guidance, and this decision could lead to increased climate litigation. 

 

For further information please see: 

Associated Press – A landmark climate change case will open at the top U.N. court as island nations fear rising seas – 1 Dec. 2024

Center for International Environmental Law – Advancing Climate Justice at the International Court of Justice – 27 Nov. 2024 

The Guardian – Handful of countries responsible for climate crisis, top court told – 2 Dec. 2024 

ICJ – Conclusion of the Public Hearings Held from December 2 to December 13, 2024 – 13 Dec. 2024

The New Yorker – The International Court of Justice Takes on Climate Change – 14 Dec. 2024 

The New York Times – What to Know About a Landmark Court Case – 5 Dec. 2024 

Sabin Center for Climate Change Law – The ICJ’s Advisory Opinion on Climate Change: What Happens Now? – 29 Mar. 2023





European Court of Human Rights Finds that the Russian Federation Violated the European Convention of Human Rights in their Prosecution of Konstantin Kotov

By: Jesse Elmer

Impunity Watch News Staff Writer

STRASBOURG, France – On November 24th, The European Court of Human Rights (“ECHR”) found that the Russian Federation violated the European Convention on Human Rights in their handling of criminal proceedings against applicant Konstantin Aleksandrovic Kotov. The court found that Kotov’s punishments were disproportionate, and he had been punished for actions protected under the Convention.

 
Russian Police arrest activist Konstantin Aleksandrovic Kotov. Photo Courtesy of Amnesty International.
 

The case related to convictions Kotov received under administrative and criminal law proceedings regarding public political protests and encouraging others to attend those protests. The protected conduct the Russian Federation punished him for included chanting anti-government slogans, participating in peaceful protests, and calling upon others to do the same.

The Constitutional Court of the ECHR referenced their previous rulings in determining that the sentence was disproportionate. The Court has held that sentencing a person to prison for assembling was only possible when the assembly is not peaceful, where significant harm is inflicted, or where there was real threat of significant harm. 

Kotov’s original trial in Moscow lasted less than a day and had a complicated procedural history in Russia itself before reaching the ECHR. His original trial lasted less than a day and he earned a four year sentence in prison for violating Russia’s notorious Article 212.1. The Constitutional Court of Russia remanded the case and the sentence was reduced to a year and a half.

This case is part of a larger effort repress political competition on the part of the Russian Federation, and represents only the first time Mr. Kotov was been targeted. The Russian Federation uses vague anti-extremism laws to prosecute opposition. The Russian court system has prosecuted members of the media under legislation that labels them as “foreign agents,” “undesirables” or “extremists.” 

Following this arrest, the Russian government arrested Kotov again in 2024 for donating to Alexei Navalny’s political organizations. The Russian government had labeled them as “extremist.” In August 2024, A Moscow court ruled to place Kotov under house arrest until October. The donation in question was 3,000 rubles, equivalent to $32.60 USD.

For further information, please see:

European Court of Human Rights Press Release – Judgment Concerning the Russian Federation – Nov. 26 2024

Human Rights Watch – Update on Human Rights in the Russian Federation and the Continuing Need for a Special Rapporteur on Russia – Aug. 28 2024

The Moscow Times – Moscow Activist Kotov Detained for Allegedly Donating to Navalny’s ‘Extremist’ Groups – Aug. 22 2024

Amnesty International – Russia: Prisoner of Conscience Konstantin Kotov will Remain in Jail – 20 Apr. 2020