Counter-terror measures violate human rights in UK, US, Iraq :UN
report
UNITED NATIONS, Tuesday (Xinhua) Proposed anti-terror laws in the
United Kingdom could undermine human rights, the United States' military
commissions on terror suspects violate the right to a fair trial, and
Iraq's special tribunal breaks international standards and should be
replaced by a United Nations-backed independent court, a new report by
an independent UN legal expert said Monday.
"The bloody attacks in London and Sharm el-Sheikh clearly demonstrate
that terrorists continue to commit acts which should be unanimously
condemned and whose eradication requires concerted action by the
international community," Leandro Despouy, the Special Rapporteur of the
UN Commission on Human Rights on the independence of judges and lawyers,
wrote in the report to the General Assembly.
"At the same time, many States are debating the adoption of national
measures that could undermine adherence to international human rights
standards," he added, citing as an example the United Kingdom's current
debate on the adoption of domestic measures against suspected
terrorists.
In what he called "another disturbing development," Despouy noted
that suspects detained by the United States at Guantanamo Bay, Cuba, are
again being tried by military commissions which do not meet
international standards on the right to a fair trial "in that they do
not allow appeals to be brought before a civil judge, deny the right to
defense, and discriminate between nationals and non-nationals, among
other problems."
The United States earlier this year continued to indicate that "the
circumstances were not favorable" to honour requests by several UN human
rights rapporteurs to visit Guantanamo, Iraq, Afghanistan and other
detention centers, and the experts have decided to conduct an
investigation, regardless of whether or not they are allowed to visit
the detention centers, he added.
Regarding the Iraqi Special Tribunal for crimes committed under the
ousted regime of Saddam Hussein, Despouy said "its legitimacy has been
rightfully criticized" and he pointed with alarm to both its powers and
origin.
"The Tribunal's power to impose the death penalty demonstrates the
extent to which it contravenes international human rights standards," he
wrote. "Because it was established during an occupation and was financed
primarily by the United States, its legitimacy has been widely
questioned, with the result that its credibility has been tarnished."
Among its deficiencies he cited the fact that it may only try Iraqi
citizens for acts committed prior to May. 1, 2003, when the occupation
began.
"The Special Rapporteur urges the Iraqi authorities to follow the
example set by other countries with deficient judicial systems by asking
the United Nations to set up an independent tribunal which complies with
international human rights standards," he added, pointing to Sierra
Leone as an example.
In many states, counter-terrorism measures have undermined other
rights, such as freedom of opinion, expression, assembly and association
and the right to strike, and have negatively affected specific groups,
such as migrant workers, refugees and asylum seekers, Despouy wrote.
"The Special Rapporteur reiterates his conviction that nothing can
combat irrational acts and extreme forms of violence more effectively
than the wisdom embodied in the rule of law," he concluded. |