Category: reparations

July 15, 2020

Germany Arrests Gambian Ex-Soldiers, As Transitional Justice Efforts Continue

Germany has arrested seven asylum seekers from The Gambia who are suspected of having committed crimes against humanity during the 22-year rule of former Gambian President Yahya Jammeh. [TDN] The arrests come as The Gambia takes steps towards justice and reconciliation, primarily via its Truth, Reconciliation and Reparations Commission (TRRC), which has been holding public hearings since January 2019. [JusticeInfo] Since assuming the presidency in 2017, Adama Barrow’s government has signaled a new approach to human rights, including by ratifying United Nations human rights treaties, authorizing complaints by individuals and NGOs to the African Court on Human and Peoples’ Rights […]

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April 10, 2019

African Rights Court Orders Tanzania to Limit Body Cavity Searches

The African Court on Human and Peoples’ Rights (AfCHPR) recently issued its judgment in the case of Lucien Ikili Rashidi v. Tanzania, finding the State violated a non-citizen’s rights when its agents detained him, subjected him to an anal search, and did not resolve his legal claims for seven years after he was arrested for not having his passport and visa in his possession. See AfCHPR, Lucien Ikili Rashidi v. United Republic of Tanzania, App. No. 009/2015, Judgment of 28 March 2019. The AfCHPR found violations of Ikili Rashidi’s rights to residence, freedom of movement, integrity of person, dignity, and […]

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February 12, 2019

ECtHR’s Second Inter-State Reparations Judgment Orders Russia Compensate Expelled Georgians

The Grand Chamber of the European Court of Human Rights (ECtHR) has issued its second ever monetary judgment in an inter-State case, ordering Russia to pay the Georgian government 10 million euros as reparations for Russia’s collective expulsion of thousands of Georgian nationals between 2006 and 2007. See ECtHR, Georgia v. Russia (I) [GC], no. 13255/07, ECHR 2019, Judgment of 31 January 2019 (Just Satisfaction). The judgment on reparations follows the Court’s 2014 judgment on the merits of the case, in which it found that Russia’s mass expulsion of Georgians violated the European Convention on Human Rights. See id. at […]

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September 26, 2017

IACHR Applauds Bolivia’s Efforts to End Impunity Through Truth Commission

On September 14, 2017, the Inter-American Commission on Human Rights (IACHR) issued a press release, applauding the Bolivian government’s establishment of a Truth Commission on August 21, 2017. [IACHR Press Release: Bolivia] The Truth Commission will investigate allegations of grave human rights violations and crimes against humanity that occurred between November 4, 1964 through October 10, 1982, during the military and authoritarian rule of Bolivia. [IACHR Press Release: Bolivia; Amnesty International] See Ley N 879, Ley de la Comision de la Verdad, 23 December 2016 (Bolivia) (in Spanish only). The law establishing the Truth Commission, Law 879 of December 23, 2016, […]

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May 23, 2017

African Commission Launches General Comment on Torture Victims’ Right to Redress

The African Commission on Human and Peoples’ Rights (ACHPR) recently launched General Comment No. 4 on the right to redress for victims of torture and other cruel, inhuman, or degrading punishment or treatment, which was previously adopted during the 21st Extra-Ordinary Session of the ACHPR. See ACommHPR, General Comment No. 4 on the African Charter on Human and Peoples’ Rights: The Right to Redress for Victims of Torture and Other Cruel, Inhuman or Degrading Punishment or Treatment (Article 5), (adopted at the Commission’s 21st Extra-Ordinary Session, held from February 23 to March 4, 2017). Launched on May 8, the General […]

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March 28, 2017

ICC Issues Sentences for Witness Tampering, Orders Payment of Reparations

Last week, in two separate cases, the International Criminal Court (ICC) issued its first decision on sentences for witness tampering and first order for a convicted war criminal to pay reparations to victims. A chamber of the ICC delivered a decision on March 22 regarding the sentences of five convicted individuals in the case of The Prosecutor v. Jean-Pierre Bemba Gombo, et al. Jean-Pierre Bemba Gombo was convicted of war crimes and crimes against humanity in March of last year and was convicted of another charge – offenses against the administration of justice – in October 2016, along with members […]

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December 15, 2016

Experts Convene for Symposium on Torture Victims’ Right to Rehabilitation

The International Rehabilitation Council for Torture Victims (IRCT) held a symposium in Mexico City last week entitled Delivering on the Promise of the Right to Rehabilitation that brought together over 300 people, including clinical professionals, lawyers, researchers, and policymakers, from around the world to discuss rehabilitation of torture survivors. [IRCT Press Release] The IRCT is a membership-based organization consisting of more than 150 organizations and is focused on ensuring rehabilitation services are available for torture victims and on defining what those services should entail. See IRCT, About the IRCT. To this end, the IRCT aims to hold symposiums every three […]

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August 08, 2016

Extraordinary African Chambers Grants Reparations to Victims in Habré Case

Following a May 2016 conviction for crimes against humanity, the Extraordinary African Chambers (EAC) issued an order on July 29 for Hissène Habré to pay monetary reparations to thousands of victims. The former president of Chad was sentenced to life imprisonment for crimes including murder, summary executions, kidnapping, rape, and sexual slavery committed during his 1982 – 1990 rule. [Guardian] Although his lawyers have appealed the conviction, the EAC ordered Habré to compensate each of his victims with what amounts to tens of thousands of dollars in Central African francs, totaling millions of dollars in reparations. [Guardian; Amnesty International] Habré’s conviction […]

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July 29, 2016

News Clips- July 29, 2016

Human Rights Defenders and Civil Society UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, recently stated that the rights to freedom of association and of assembly are hindered by racial inequality in the United States. [OHCHR Press Release] Experts on freedom of expression from both the United Nations and the Organization for Security and Cooperation in Europe warned that the recent crackdown on journalists and media outlets in Turkey does not meet international standards. [OHCHR Press Release] Demonstrators in Zimbabwe protested the vice president’s decision to live in a luxury hotel since […]

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February 23, 2016

Human Rights Committee: Australia Violated Guantanamo Transferee’s Right to Liberty

The United Nations Human Rights Committee has found Australia in violation of the right to liberty protected by the International Covenant on Civil and Political Rights (ICCPR) due to its continued detention of Guantanamo Bay prisoner David Hicks following his transfer to Australia, despite evidence that the American military proceedings against him had been unfair. See UN Human Rights Committee, Hicks v. Australia, Communication No. 2005/2010, Views of 5 November 2015. Mr. Hicks was formerly detained in Guantanamo Bay, but he accepted a plea bargain in exchange for a transfer to his home country, Australia. [OHCHR Press Release] In accordance with the plea […]

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friendly settlements webpage of the Inter-American Commission on Human Rights
November 10, 2015

New Handbook and Webpage Highlight Friendly Settlements before Inter-American Commission

The Inter-American Commission on Human Rights (IACHR) recently added a new section to its website concerning friendly settlements and published its Handbook on the Use of the Friendly Settlement Mechanism in the IACHR Petition and Case System (Handbook) to inform petitioners about the friendly settlement procedure and best practices. The friendly settlement process allows petitioners and States to engage in a dialogue to reach an agreement concerning reparations for the alleged victims in a non-contentious manner, and without obtaining a decision on the merits from the IACHR. As of July 2015, the IACHR has approved 121 friendly settlement agreements, in […]

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September 22, 2015

UN Report Highlights Human Rights Violations in Sri Lanka and Urges Creation of Hybrid Court

On September 16, 2015, the UN Office of the High Commissioner for Human Rights, released a report on the human rights violations, including unlawful killings, enforced disappearances, and gender-based violence, committed by the Liberation Tigers of Tamil Eelam (LTTE) and Sri Lankan government forces from 2002-2011. See Office of the United Nations High Commissioner for Human Rights, Report of the OHCHR Investigation on Sri Lanka (OISL), 16 September 2015 (hereinafter Report). The report concludes with a number of recommendations, including those of a general nature as well as more specific ones regarding institutional reforms, justice, truth and the right to know, […]

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September 15, 2015

Committee on Enforced Disappearances Reviews Iraq and Montenegro

The United Nations Committee on Enforced Disappearances (CED) is currently holding its 9th session in Geneva, Switzerland from September 7th to 18th. The CED is reviewing State reports of Iraq and Montenegro regarding their implementation of the International Convention for the Protection of All Persons from Enforced Disappearance (Convention). During the session, the CED and each State engage in dialogue on the State’s national report and responses to the issues the CED requested the State to address; the Committee will also consider supplemental reports submitted by civil society organizations and national human rights institutions (NHRIs) concerning the States’ compliance with […]

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September 10, 2015

CEDAW Committee Issues Key General Recommendation on Women’s Access to Justice

On July 23, 2015, the UN Committee on the Elimination of Discrimination Against Women (CEDAW Committee) adopted a general recommendation on women’s access to justice, noting that the right of access to justice for women is essential to the realization of all the rights in the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). See Committee on the Elimination of Discrimination Against Women, General Recommendation No. 33 on Women’s Access to Justice, UN Doc. CEDAW/C/GC/33, 23 July 2015.

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September 01, 2015

Inter-American Court of Human Rights Holds 53rd Extraordinary Session

The Inter-American Court of Human Rights (IACtHR) held its 53rd Extraordinary Session in Honduras, which began on August 24 and concluded on August 29, 2015. During this session the Court held public hearings in two cases: Quispialaya Vilcapoma v. Peru and Ángel Alberto Duque v. Colombia. The Court also held a private hearing concerning compliance on the part of Honduras with sentences in six cases: Juan Humberto Sánchez v. Honduras, López-Álvarez v. Honduras, Servellón-García and others v. Honduras, Kawas-Fernández v. Honduras, Pacheco Teruel and others v. Honduras, and Luna López v. Honduras. The Court prepared judgments in two cases: Gonzáles Lluy (TGGL) […]

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August 27, 2015

African Commission on Human and Peoples’ Rights Developing Right to Life General Comment

In June 2015, the Working Group on Death Penalty and Extrajudicial, Summary or Arbitrary Killings (Working Group) of the African Commission on Human and Peoples’ Rights (ACHPR) met in Kigali, Rwanda to develop a General Comment on Article 4 (right to life) of the African Charter on Human and Peoples’ Rights, also known as the Banjul Charter (Charter). This meeting also established that the draft general comment would be opened to public consultations and written comments from interested parties. See ACommHPR, Draft General Comment No. 3 on Article 4 of the African Charter on Human and Peoples’ Rights (the right […]

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August 17, 2015

IACHR Report Highlights Human Rights Violations at Guantanamo and Urges Closure

On August 5, 2015, the Inter-American Commission on Human Rights (IACHR) published its report “Towards the Closure of Guantanamo,” which examines the human rights situation of detainees at the U.S. Naval Base in Guantanamo Bay, Cuba. See Inter-American Commission on Human Rights, Towards the Closure of Guantanamo (Report), 2015. The report concludes that detainees are subject to indefinite detention; torture and other cruel, inhuman, or degrading treatment; and a discriminatory detention regime that does not provide due process or other judicial protection. Commissioner Felipe González, IACHR Rapporteur for the United States, emphasized that “public security reasons cannot serve as a pretext […]

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August 12, 2015

Committee on the Elimination of Racial Discrimination Reviews 8 States’ Records

On August 3, 2015 the UN Committee on the Elimination of Racial Discrimination (CERD) commenced its 87th session in Geneva, Switzerland. During this session, which will end on August 28, the Committee will review the State reports of Colombia, Costa Rica, the Czech Republic, Macedonia, the Netherlands, Niger, Norway, and Suriname. The Committee will also review reports submitted by civil society organizations and national human rights institutions (NHRIs) concerning the States’ implementation of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) as well as follow-up information submitted by States parties.

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July 28, 2015

Human Rights Committee Developing New Right to Life General Comment

On July 14, 2015, the United Nations Human Rights Committee met in Geneva for a half day general discussion to begin the process of developing a general comment on Article 6 (Right to Life) of the International Covenant on Civil and Political Rights (ICCPR). See UN Human Rights Committee, Draft General Comment No. 36: Article 6 (Right to Life), UN Doc. CCPR/C/GC/R. 36, 1 April 2015. The Human Rights Committee adopts authoritative interpretations of specific rights set forth in the ICCPR in the form of general comments, which guide States and other actors in understanding the scope of the right. […]

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July 22, 2015

Human Rights Council Adopts Landmark Resolution Regulating Private Education Providers

On July 1, 2015, the United Nations Human Rights Council met in Geneva and adopted a landmark resolution urging States to monitor and regulate private education providers. The resolution aims to address the emergence of large-scale for-profit “low cost” private school chains that target poor families in developing countries and compromise the right to education. See UN Human Rights Council, Resolution 29/L.14/Rev.1, Resolution on the Right to Education, UN Doc. A/HRC/29/L.14/Rev.1, July 1, 2015. This resolution, which was adopted during the 29th regular session, marks the first time that the Human Rights Council has responded to the growing phenomenon of the […]

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July 06, 2015

IACtHR 109th Ordinary Session Addresses Custodial Death in Guatemala, Abuses of Colombian Human Rights Defenders

The 109th Ordinary Session  of the Inter-American Court of Human Rights (IACtHR) began on June 18 and concluded on July 1, 2015, in San Jose, Costa Rica. During this session, the Court publicly heard two cases, Chinchilla Sandoval and Others v. Guatemala and Yarce and Others v. Colombia. The first case concerned the ill-treatment, followed by the death, of a diabetic woman incarcerated in Guatemala, the second case concerned the situation of five Colombian human rights defenders. The Court was also scheduled to: hold a public hearing regarding Panama’s request for an advisory opinion; analyze the possibility of  issuing judgments for three […]

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June 17, 2015

ECtHR: Degrading Treatment of Minor Sexual Abuse Complainant Violated Rights

On May 28, 2015 the European Court of Human Rights (ECtHR) released its judgment in Y v. Slovenia, holding that the State violated European Convention on Human Rights (the Convention) Article 3 (prohibition of inhuman or degrading treatment) with its prolonged investigation and criminal proceedings concerning the applicant’s complaint of sexual abuse, as well as Article 8 (right to respect for private and family life) when it did not provide adequate measures to protect her personal integrity during the proceedings. See ECtHR, Y v. Slovenia, no. 41107/10, Judgment of 28 May 2015. The Court took into consideration that the applicant […]

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June 10, 2015

African Commission Adopts Resolution on Right to Rehabilitation for Torture Victims

The African Commission on Human and People’s Rights (ACHPR) adopted Resolution 303 on the right to rehabilitation for victims of torture during its 56th Ordinary Session, held from April 21 – May 7, 2015, in Banjul, the Gambia. See ACommHPR, Res. 303: Resolution on the Right to Rehabilitation for Victims of Torture, 56th Ordinary Session, 21 April- 7 May, 2015. The resolution, which is the first that the African Commission has adopted that focuses on the importance of rehabilitation for victims of torture as part of the fight against torture, urges State parties to take steps to prevent and prohibit […]

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June 01, 2015

CERD Rules that Korea’s Mandatory HIV/AIDS Testing for Foreign Employees Violates the Convention

On May 1, 2015, in L.G. v. Republic of Korea, the UN Committee on the Elimination of Racial Discrimination (CERD) ruled that mandatory HIV/AIDS and drug testing for foreign English teachers violated articles 2, 5, and 6 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). [UN News Center Press Release]. See  Committee on the Elimination of Racial Discrimination, L.G. v. Republic of Korea, No. 51/2012, Judgment of 1 May 2015.

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