Category: Legal Judicial

The following statement was issued today by the Spokesman for UN Secretary-General António Guterres:

The Secretary-General is deeply saddened by the death of three peacekeepers from Bangladesh following the detonation of an explosive ordnance against a convoy of the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA), in Ouham-Pendé Prefecture, in the evening of 3 October. One peacekeeper remains in critical condition.

The Secretary-General expresses his deepest condolences to the families of the fallen peacekeepers and to the Government and the people of Bangladesh. He wishes a speedy recovery to the injured.

The Secretary-General recalls that attacks targeting United Nations peacekeepers may constitute war crimes under international law. He calls on the Central African authorities to in identifying the perpetrators of this attack, so that they can be brought to justice swiftly.

The Secretary-General calls upon the Central African authorities to lift the restriction on night flights that negatively impacts the safety and security of peacekeepers who take considerable risks daily to support national authorities.

The Secretary-General reaffirms the solidarity of the United Nations with the people and Government of the Central African Republic.

Source: UN Secretary-General

LOUISVILLE (Kentucky, US), A shipment from South Africa of enough deadly drugs to wipe out over 220,000 people has been discovered by US law enforcement officials.

The lethal drug fentanyl is an addictive synthetic opioid that’s often added to heroin. The package had a street value of over R1.4 million.

A statement from the US Customs and Border Protection agency said the drugs were labelled as water purification chemicals. They were sent to an address in a small town in the state of Colorado.

The shipment, which was seized on Sept 21, also contained a small bag of cocaine valued at about R60,000. It had been marked as a magnesium mix. A small bag with more fentanyl had been labelled as “bicarbonate minerals”, Business Insider reports.

The agency did not disclose exactly where in South Africa the shipment was sent from. But it was seized in the port of Louisville, Kentucky.

Louisville’s port director Thomas Mahn said: “Our officers are committed to keep our country and communities safe from illegal and dangerous drugs.”

“This seizure is one example of the quality enforcement work they do on a daily basis,” he said.

Source: Nam News Network

THE HAGUE, The war crimes trial of former rebel leader, Mahamat Said Abdel Kani, opened at the International Criminal Court(ICC) in the Hague on Monday.

Said is accused of seven counts of war crimes and crimes against humanity, Chief Prosecutor Karim Khan said. Said, 52, insists he is innocent.

Said was a commander of the predominantly Muslim Seleka rebels, who overthrew President François Bozizé in 2013.

“They ruled by dictate, by fear, by terror,” Khan charged.

The rebels persecuted Christians, raped women and girls, and arbitrarily murdered, tortured or imprisoned men.

According to the indictment, Said ran a “torture-centre” in the CAR capital, Bangui.

People were held there in windowless cells, and also in an underground dungeon directly below Said’s office. According to the prosecution, prisoners were beaten with rifle butts and whipped.

Numerous people had suffered serious damage and were severely traumatized.

According to the prosecution, the accused did nothing to protect the prisoners. He allegedly also took an active part in the crimes. The prosecutors want to present numerous pieces of evidence and summon eyewitnesses, including former Seleka fighters.

Said was extradited to the ICC by Central African authorities in 2021.

The mineral-rich but extremely poor country with around 4.7 million inhabitants, has been the scene of conflicts for years.

After the fall of Bozizé in 2013, fighting ensued with Christian militias and splinter groups.

According to the United Nations, more than 60,000 people have fled to neighbouring countries to escape the violence.

Source: Nam News Network

CAIRO, At least six people, five of them from the same family, were killed and 12 others injured yesterday, after two microbuses collided with a car, on the Assuit-Cairo road in southern Egypt, said a medical source.

The two microbuses first bumped against each other, due to high speed, and then collided with a nearby car on the high way, said a doctor from Minya Hospital, where the wounded were being treated.

“The car driver could not control the wheel and his vehicle overturned several times before crashing with a cement barrier on the roadside,” the doctor said, adding, all fatalities, including two children, were passengers of the car, while the wounded were in the microbuses.

In Egypt, traffic accidents claim thousands of lives every year. Most of the accidents are caused by speeding, poor maintenance of roads, and lax enforcement of traffic laws.

Over the past few years, Egypt has been upgrading its road network by building new roads and bridges and repairing old ones to reduce traffic accidents.

Source: Nam News Network

JOHANNESBURG, South African prosecutors said they had dropped a case against Finance Minister Enoch Godongwana who had been accused of sexual assault.

Godongwana, who is in charge of Africa’s most industrialised economy, had been accused of having inappropriately touched a masseuse at a luxury wildlife lodge last month.

He had denied the allegations, saying his wife was in the same room when he received the massage. 

The National Prosecuting Authority (NPA) said in a statement that it had declined to prosecute the minister.

“The decision follows a thorough assessment of all available evidence and after consultations with the complainant, who expressly did not wish to proceed with the case,” the NPA in northeastern Mpumalanga province said.

Godongwana was appointed to lead the finance ministry by President Cyril Ramaphosa last year.

Source: Nam News Network

Concludes Interactive Dialogue with the International Commission of Human Rights Experts on Ethiopia

The Human Rights Council this afternoon held an interactive dialogue with the Independent International Commission of Inquiry on the Syrian Arab Republic and began an interactive dialogue with the Special Rapporteur on the situation of human rights in Burundi. It also concluded its interactive dialogue with the International Commission of Human Rights Experts on Ethiopia.

Paulo Sergio Pinheiro, Chair of the Independent International Commission of Inquiry on the Syrian Arab Republic, said today, Syrians faced increasing and intolerable hardships, living among the ruins of this lengthy conflict. Millions were suffering in displacement camps, while resources were becoming scarcer, donor fatigue was rising, and now there was a cholera outbreak. The war was not over despite a general reduction in fighting. The Secretary-General’s urgent report on this issue contained a clear recommendation for the establishment of an international body, as called for by families and survivors, and this body, focusing strongly on victims and survivors and inclusive of families, must be established as soon as possible.

Syria, speaking as a country concerned, said Syria had rejected the creation of the Commission of Inquiry and the extensions of its mandate, and it rejected its politicised and biased reports. The latest report ignored the nature of the terrorist war targeting Syria and the external factors supporting the establishment of armed terrorist groups, which included thousands of foreign terrorists, that continued to commit crimes on Syrian territory. The Commission had distorted the efforts of the Syrian State to protect its people, provide for their basic needs, achieve national reconciliations and facilitate the return of displaced persons and refugees. Immediately and unconditionally lifting the economic blockade targeting the Syrian people was the gateway to ending their suffering and to ensuring their enjoyment of human rights, which were being violated as a result of unilateral coercive measures imposed by the United States and the European Union.

In the ensuing discussion, speakers commended the work of the Commission and expressed concern about the deteriorating security, humanitarian and socio-economic situation in Syria. Some speakers condemned continued, serious violations of human rights committed by the Syrian authorities. They called for the situation to be referred to the International Criminal Court. Many speakers called for resolution 2254 of the Security Council to be implemented. A number of speakers said that the Commission’s report was based on fabricated information and was politically motivated. The Council should not interfere with the internal affairs and sovereignty of States. The Council should work to support the fight against international terrorism that was impacting Syria, and work to achieve peace through dialogue.

Speaking in the discussion on Syria were Lithuania on behalf of the Nordic-Baltic group, European Union, Qatar, Liechtenstein, Kuwait, Switzerland, Israel, Cyprus, Republic of Korea, France, Ecuador, Germany, Egypt, Ireland, Iraq, Australia, Luxembourg, Cuba, United Arab Emirates, Malta, Venezuela, Jordan, Russian Federation, China, Netherlands, Chile, United States, Sri Lanka, United Kingdom, Romania, Belarus, Italy, Lao People’s Democratic Republic, Burundi, Greece, Georgia, Malawi, Albania, Türkiye, Iran, Nicaragua, and Japan.

Also speaking were Cairo Institute for Human Rights Studies, International Council Supporting Fair Trial and Human Rights, World Jewish Congress, Physicians for Human Rights, Palestinian Return Centre, Syrian Centre for Media and Freedom, International Service for Human Rights, Christian Solidarity Worldwide, International Commission of Jurists, and International Bar Association.

The Council also started an interactive dialogue with the Special Rapporteur on the situation of human rights in Burundi.

Fortune Gaetan Zongo, Special Rapporteur on the situation of human rights in Burundi, said it was essential today that Burundi reaffirmed its commitment and agreed to commit itself more effectively to advancing human rights. The human rights situation had not changed substantially. Establishing accountability was one of the keys to lasting peace, as was the need for deeper institutional reforms. Establishing and acknowledging the truth would help to recognise victims and encourage their social reintegration. A system for the protection of victims and witnesses of human rights violations needed to be established.

Burundi, speaking as a country concerned, said that Burundi was fully committed to the promotion and protection of human rights and complied with its international obligations in that regard. The situation had been improving every year in all sectors of life in the country, and a number of reforms had been initiated in terms of good governance, social justice, freedom of the press, civil and political rights, and national reconciliations, among others. The situation had improved, and the Human Rights Council should not miss this opportunity to remove Burundi from its agenda, as it was unfair and irrelevant to retain the special mechanism. The Special Rapporteur on Burundi should have his mandate ended.

The National Human Rights Commission of Burundi also took the floor.

At the beginning of the meeting, the Council concluded its interactive dialogue with the International Commission of Human Rights Experts on Ethiopia.

Radkiha Coomaraswamy, Member of the International Commission of Human Rights Experts on Ethiopia, said in concluding remarks that the Commission would consider how to work more closely with Ethiopian institutions while maintaining its impartiality. The Commission expected the Council to remain seized of the issues presented and to continue to monitor the situation, and urged the Council to work towards stopping hostilities and holding those responsible for abuses accountable.

Steven Ratner, Member of the International Commission of Human Rights Experts on Ethiopia, in concluding remarks, said that the Commission had examined violations that were of particular gravity. The Government had been working hard to secure access for humanitarian organizations to provide support. The Commission aimed to write reports that did not take sides in the conflict and maintained its impartiality.

In the continued dialogue on Ethiopia, speakers said there had been alarming reports of serious human rights violations and abuses committed by all parties during the conflict, including summary executions and sexual and gender-based violence. There was concern over the protracted humanitarian crisis and food insecurity across the country, which emphasised the urgency to cease all hostilities and negotiate a comprehensive ceasefire. All parties should guarantee full and unfettered humanitarian access to alleviate the suffering of civilians. The commitment of both sides to an African Union-led end to the hostilities was commended. The work of the Commission as a form of deterrence was vital, and it should have its mandate renewed, as the scale of the atrocities did, in some areas, amount to war crimes, and it was necessary for its work to continue. Some speakers said the work of the Commission should be based on impartiality, non-bias, non-selectivity, with respect for the sovereignty of Ethiopia, urging the Commission to focus on supporting the Government’s ongoing efforts.

Speaking in the interactive discussion were New Zealand, Malawi, Eritrea, Republic of Korea, Iran, Zimbabwe, Türkiye and Eritrea.

Also speaking were Ethiopia Human Rights Commission, East and Horn of Africa Human Rights Defenders Project, Human Rights Watch, Coordination des Associations et des Particuliers pour la Liberté de Conscience, Amnesty International, Legal Action Worldwide, Christian Solidarity Worldwide, Center for Global Nonkilling, International Bar Association, CIVICUS – World Alliance for Citizen Participation, The Next Century Foundation, Society for Threatened Peoples, Maat for Peace, Development and Human Rights Association, International Organization for the Elimination of All Forms of Racial Discrimination, Every Casualty Worldwide, and Institute for Reporters’ Freedom and Safety.

Speaking at the end of the meeting in right of reply were Türkiye and Greece.

The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-first regular session can be found here.

The Council will reconvene at 10 a.m. on Friday, 23 September to conclude the interactive dialogue with Special Rapporteur on the situation of human rights in Burundi, followed by an interactive dialogue with the Commission of Inquiry on Ukraine.

Interactive Dialogue with the International Commission of Human Rights Experts on Ethiopia

The interactive dialogue with Kaari Betty Murungi, Chairperson of the International Commission of Human Rights Experts on Ethiopia, started in the previous meeting and a summary can be found here.

Remarks by the Delegation of Ethiopia

Ethiopia, speaking as a country concerned, said that Ethiopia expected the European Union to understand and respect the territorial integrity of the country. The Government had attempted to engage with the International Commission of Human Rights Experts on Ethiopia, but the Commission had failed to implement its mandate, and had made all its efforts irrelevant.

Discussion

In the discussion, speakers said the nearly two-year conflict in North Ethiopia had caused thousands of civilian casualties and millions of displaced persons. In addition, there had been alarming reports of serious human rights violations and abuses committed by all parties to the conflict, including summary executions and sexual and gender-based violence. All allegations must be thoroughly investigated, and perpetrators of such atrocities must be held accountable.

There was concern about the protracted humanitarian crisis and food insecurity across Ethiopia, which emphasised the urgency to cease all hostilities and negotiate a comprehensive ceasefire. All parties should guarantee full and unfettered humanitarian access to alleviate the suffering of civilians. In regard to reconciliation, more needed to be done to ensure comprehensive and meaningful accountability. There should be a speedy settlement to the conflict, whilst maintaining Ethiopia’s physical integrity. The steps taken by the Government, including the Dialogue Commission, were noted. The commitment of both sides to an African Union-led end to the hostilities was commended. Some speakers supported the renewal of the Commission’s mandate and encouraged all parties to fully cooperate with the Commission.

A number of speakers said the work of the Commission should be based on impartiality, non-bias, non-selectivity, with respect for the sovereignty of Ethiopia. The Commission had chosen to ignore the guidance provided in the resolution, resulting in it reaching unbalanced conclusions based on insufficient information. Since the primary responsibility for the promotion and protection of human rights rested with States, international mechanisms should only play complementary roles. In this regard, the Commission was urged to focus on supporting the Government’s ongoing efforts.

Some speakers said that the primary need of the inhabitants of Ethiopia was peace and security, and all parties to the conflict should take the necessary steps to ensure the dignity and safety of all civilians. There should be an immediate cessation of hostilities. The Commission required time and finances to complete its mandate, particularly with regard to the difficulty that it faced in visiting the conflict area. The Government had failed to live up to international standards of transparency. The work of the Commission as a form of deterrence was vital, and it should have its mandate renewed, as the scale of the atrocities did, in some areas, amount to war crimes, and it was necessary for its work to continue. Independent reports had supported the findings of the Commission that what happened in Tigray amounted to war crimes.

The Government should immediately cease to target Tigray and civilians in the area, some speakers said. Member States should recognise the rights of all victims to live free from violence and persecution. The Commission should investigate whether genocide was being or had been perpetrated against the inhabitants of the Tigray region. The international community should act urgently to restore peace and stability to the region, and given the situation, it should be urgently referred to the International Criminal Court for investigation.

Concluding Remarks

RADHIKA COOMARASWAMY, Member of the International Commission of Human Rights Experts on Ethiopia, said that the Commission had held constructive discussions with all national institutions in Addis Ababa. It would consider how to work more closely with these institutions while maintaining its impartiality. The outbreak of war had a causal relationship with various human rights abuses. They needed to promote processes for justice at national, regional and local levels. The Commission expected the Council to remain seized of the issues presented and to continue to monitor the situation. It urged the Council to work towards stopping hostilities and holding those responsible for abuses accountable.

STEVEN RATNER, Member of the International Commission of Human Rights Experts on Ethiopia, said that the Commission had examined violations that were of particular gravity. The Government had been working hard to secure access for humanitarian organizations to provide support. The Commission looked forward to working with national institutions, providing them with advice about accountability and transitional justice. It aimed to write reports that did not take sides in the conflict and maintained its impartiality.

Source: UN Human Rights Council

The African Court on Human and Peoples’ Rights, on Thursday, called on the Tunisian state to regain the path of democracy, within a period not exceeding two years from the date of delivery of this judgment.

The decision concerns a request made against the Tunisian Republic by lawyer Brahim Belghith in October 2021.

In its decision issued Thursday at the end of its 66th ordinary session held at the headquarters of the Court in Arusha, Tanzania, the court also called on Tunisia to establish a Constitutional Court and the removal of all legal and political obstacles that impede this goal, within two years.

“The African Court summons the Tunisian state to prepare a report within six months on the implementation of measures ordered and thereafter every six months until the court considers all its decisions fully implemented,” reads the text of the court’s decision, published Thursday on its official website.

This application dates back to October 2021, when lawyer Ibrahim Belghith had appealed to the Court against the Republic of Tunisia (the respondent state), for violation of rights guaranteed by Articles 13(1), and 20(1) of the African Charter on Human and Peoples’ Rights, and 1(1), 25(a) and 14 of the International Covenant on Civil and Political Rights (ICCPR).

The African Court on Human and Peoples’ Rights is a continental court established by African countries to ensure the protection of human and peoples’ rights in Africa.

The Court has jurisdiction over all cases and disputes brought before it concerning the interpretation and application of the African Charter on Human and Peoples’ Rights and any other relevant human rights instrument ratified by the states concerned.

Source: Nam News Network

One person was killed and two others wounded in eastern Democratic Republic of Congo on Thursday during a demonstration against the M23 rebel group, local officials said.

Civil society groups staged the rally in the town of Rutshuru in North Kivu province to protest the army’s perceived inaction against the M23 — which has captured swathes of territory since the summer.

A mostly Congolese Tutsi group, the M23 first leapt to prominence in 2012 when it briefly captured North Kivu’s capital of Goma before being driven out.

M23 rebels resumed fighting in late 2021 after lying dormant for years. They have since seized territory across North Kivu, including the strategic town of Bunagana on the Ugandan border.

Congo has repeatedly accused its smaller central African neighbor Rwanda of backing the M23, although Kigali denies the charge.

On Thursday, protesters gathered outside the office of the military administrator in Rutshuru on the 100th day of the M23’s occupation of Bunagana.

Police officers shot at demonstrators, killing one and wounding two, according to Justin Bin Serushago, a spokesperson for a local civil society group.

“We will not move until military operations have resumed against the M23,” he told AFP.

An official at Rutshuru general hospital who requested anonymity confirmed that one person — a young man — had died after he was shot in the chest.

A senior police officer in Rutshuru told AFP that several people had been wounded in the protest, without offering further details.

The front between the army and the M23 has remained relatively calm in recent weeks, with soldiers and rebels observing each other from their positions without engaging.

The protest in Rutshuru comes after Congo’s President Felix Tshisekedi met his Rwandan counterpart Paul Kagame on Wednesday in New York, in a meeting brokered by French President Emmanuel Macron in a bid to calm regional tensions.

Source: Voice of America

The civilian population remains the primary victim of the ongoing armed violence and tensions in several parts of the country. During the first eight months of the year, 125 incidents affecting humanitarian workers or property were recorded.

Since September 2021, almost a year ago, the number of incidents affecting humanitarian actors has never been so high in a month. This increase is mostly due to a surge in administrative impediments in Bangui vis-à-vis humanitarian vehicles. Ten incidents have been reported of INGO and UN vehicles stopped, immobilized or confiscated. Of the 29 incidents recorded during the month of August, 14 or 48 per cent involved cases of theft, robbery or intrusions.

The prefectures of Ouham (24.6 per cent), Bangui (23.2 per cent) and Ouaka (9.6 per cent) were the most affected during the first eight months of 2022. Thefts, robberies, lootings, threats and assaults represented 79 per cent of the 125 incidents. Interferences and restrictions represented 37 incidents or 30 per cent.

Source: UN Office for the Coordination of Humanitarian Affairs