A new UN report published on Tuesday shows that while considerable effort has been made by Iraqi authorities to bring former ISIL terrorist fighters to justice, there are “serious concerns” about the fairness of the proceedings.
The joint report by the UN Assistance Mission for Iraq (UNAMI) and the UN human rights office found that basic fair trial standards were not respected in terrorism-related trials, thus placing defendants at a serious disadvantage.
“A fair and just criminal justice system is a central element to the democratic way of life, and key to building trust and legitimacy, and promoting and protecting human rights”, said UN High Commissioner for Human Rights, Michelle Bachelet.
“Those responsible for widespread atrocities against the Iraqi population must be held to account for their crimes, and it is important that the victims see that justice is delivered. At the same time, those accused have the right to a fair trial, and these standards must be strictly applied.”
Nearly 800 trials monitored
The terrorist group ISIL, most commonly referred to in Arabic as Daesh, waged a campaign of widespread violence against the Iraqi population between June 2014 and December 2017, holding large swathes of territory across the country, as well as northern Syria, until its military defeat.
Fighters committed atrocities, including mass murder, abductions, sexual slavery and destruction, which may amount to war crimes, crimes against humanity, and possibly genocide.
The report is based on independent monitoring of 794 criminal court trials mainly involving ISIL defendants held in eight Iraqi provinces from 1 May 2018 through 31 October 2019. The majority of the hearings, 619, concerned people facing anti-terrorism charges.
Overreliance on confessions
While proceedings were generally orderly and well organized, with judges who were routinely prepared with investigation files, UN human rights officers found defendants had ineffective legal representation and limited possibilities to present or challenge evidence.
Prosecutions mainly focused on “association” or “membership” of a terrorist organization, with no distinction being made between people who participated in violence and those who joined ISIL for their own survival, or through coercion.
For example, UNAMI observed a trial in Erbil where the wife of an ISIL fighter was sentenced to three years’ imprisonment based on an informer’s evidence that she used to cook meals for her husband and other fighters.
In another case, a 14-year-old boy in Baghdad was condemned to 15 years in jail based on the admission that his family was among civilians forced to act as “human shields” to protect ISIL fighters from aerial attack.
Furthermore, the report stated “the over-reliance on confessions, with frequent allegations of torture that were inadequately addressed—while constituting a human rights violation in itself—further added to the concerns”.
Strengthen criminal justice proceedings
Through its mission, UNAMI, the UN supports Iraq in promoting accountability, protection of human rights, and judicial and legal reform.
The joint report praises the efforts made by the authorities to seek justice and accountability for the crimes committed by ISIL, with more than 20,000 terrorism-related cases processed between January 2018 and October 2019, and thousands pending.
However, the authors call for a thorough review of trial and sentencing practices, aimed at strengthening criminal justice procedures.
Recommendations include revising the anti-terrorism laws to comply with international law, and ensuring defendants have sufficient time to prepare and present their cases.
“Robust safeguards for detention, due process and fair trials not only demonstrate commitment to justice: they are a necessary building block for resilience. We are well aware that a variety of grievances, including unfair trials and detainee abuse, have been exploited in the past by ISIL to fuel its violent agenda,” said UNAMI chief, Jeanine Hennis-Plasschaert.
Six months after coup, Myanmar’s political, rights and aid crisis is worsening
It’s been six months since the military coup in Myanmar where there’s grave concern over the widening impact of the deepening political, human rights and humanitarian crisis affecting the country’s people.
Speaking to UN News, the organisation’s top aid official in Myanmar, Acting Humanitarian and Resident Coordinator Ramanathan Balakrishnan, described how people have been severely impacted across the country since the junta’s power grab on 1 February.
“The situation in the country is characterized now by instability and a deteriorating socio-economic and security situation and to add to that we have a raging third wave of COVID-19,” said Mr. Balakrishnan in an exclusive interview.
Highlighting the ongoing nature of armed resistance to State security forces “in several ethnic minority areas” including in the states of Shan, Chin and Kachin, the UN official said that more than 200,000 people had been uprooted from their homes there to date.
In Rakhine state before the coup, the UN Humanitarian Response Plan pointed to some one million people including internally displaced people in need of urgent assistance, but “this number has only swelled”, Mr. Balakrishnan insisted.
More widely, “following the coup, an additional two million were identified as those in urgent need of humanitarian aid, and those were largely in the urban areas of Yangon and Mandalay”, he said, adding that the intensification of clashes and the worsening socio-economic situation was pushing “tens of thousands of people” into a humanitarian space” every day.
Echoing concerns over rights abuses by UN Children’s Fund UNICEF and others, Mr. Balakrishnan condemned the ongoing and widespread use of lethal force by the military against civilian protesters.
Looking ahead, the UN’s priorities include ensuring that millions of people do not fall further into hunger, the aid official said. “There has been an increase in the price of basic commodities for many people…this has also resulted in a reduction of the nutrition value of the food basket that people usually take as they substitute their regular food with cheaper, more readily available items.”
Turning to Myanmar’s health system, which is facing extreme pressure because of the coronavirus crisis, as well as attacks on medical personnel and facilities in Myanmar – and a civil disobedience movement by some health professionals – Mr. Balakrishnan warned that even basic services had been disrupted across the country.
Standing with Myanmar’s people
In a message of solidarity, the top aid official insisted that the UN remained committed to respecting the will of the country’s people.
This was despite limited access to parts of the country linked to security concerns and disruption to the banking system, which limited the UN’s ability to transfer funds to humanitarian partners responsible for delivering aid.
“The UN will continue to call out human rights violations and is committed to stay and deliver lifesaving humanitarian assistance to the people of Myanmar, in addition to sending in the COVID-19 response,” Mr. Balakrishnan said.
UNSC calls for ‘immediate reversal’ of Turkish and Turkish Cypriot decision on Varosha
The Security Council said in a statement released on Friday that settling any part of the abandoned Cypriot suburb of Varosha, “by people other than its inhabitants, is “inadmissible”.
The presidential statement approved by all 15 Security Council members, upheld that “no actions should be carried out in relation to Varosha, that are not in accordance with its resolutions”.
“The Security Council condemns the announcement in Cyprus by Turkish and Turkish Cypriot leaders on 20 July 2021 on the further reopening of part of the fenced-off area of Varosha”, the statement continued.
“The Security Council expresses its deep regret regarding these unilateral actions that run contrary to its previous resolutions and statements.”
The statement calls for “the immediate reversal of this course of action and the reversal of all steps taken on Varosha since October 2020.”
The statement followed a closed-door briefing earlier in the day by the outgoing UN Special Representative, Elizabeth Spehar.
The Mediterranean island has been divided between Greek Cypriot and Turkish Cypriot communities for 47 years, and a Security Council resolution of 1964 recommended the establishment of a peacekeeping force to maintain law and order and help end inter-communal strife.
According to news reports, on Wednesday, Greek Cypriot leaders appealed to the Council over plans by Turkish Cypriot authorities to revert a 1.35 square-mile section of Varosha, from military to civilian control, and open it for potential resettlement.
The self-declared Turkish Republic of Northern Cyprus (TRNC), which is backed by Turkey, made the initial announcement a day earlier, that part of the suburb would come under civilian control.
On Wednesday, the UN Secretary-General António Guterres expressed his deep concern over Wednesday’s announcements by Turkey and Turkish-Cypriot leaders, on re-opening Varosha, and said that the UN’s position “remains unchanged and is guided by the relevant Security Council resolutions”.
In a statement issued by his Deputy Spokesperson, Farhan Haq, Mr. Guterres called on all sides “to refrain from any unhelpful actions and to engage in dialogue to bring peace and prosperity to the island through a comprehensive settlement”.
“The Secretary-General has repeatedly called on all parties to refrain from unilateral actions that provoke tensions and may compromise the ongoing efforts to seek common ground between the parties towards a lasting settlement of the Cyprus issue”.
The Security Council statement concluded with a reaffirmation of its commitment “to an enduring, comprehensive and just settlement, in accordance with the wishes of the Cypriot people, and based on a bicommunal, bizonal federation, with political equality”.
Myanmar: From political crisis, to ‘multi-dimensional human rights catastrophe’
What began as a coup by the Myanmar military has ‘rapidly morphed’ into an all-out attack against the civilian population that has become increasingly widespread and systematic, the UN High Commissioner for Human Rights warned on Tuesday.
Speaking at the 47th session of the Human Rights Council, Michelle Bachelet reiterated that the situation in the country has evolved from a political crisis in early February to a “multi-dimensional human rights catastrophe”, repeating a formulation she first used a month ago.
Since the coup, nearly 900 people have been killed while around 200,000 people have been forced to flee their homes because of violent military raids on neighbourhoods and villages.
“Suffering and violence throughout the country are devastating prospects for sustainable development and raise the possibility of State failure or a broader civil war”, she cautioned.
Ms. Bachelet explained that the catastrophic developments since February have had a severe and wide-ranging impact on human rights, peace and security, and sustainable development.
“They are generating clear potential for massive insecurity, with fallout for the wider region”.
The UN High Commissioner urged the international community to stand united in pressuring the military to halt its continuing attacks on the people of Myanmar and return the country to democracy, reflecting the ‘clear will of the people’.
The UN must act
She said the UN system must not fail the country a second time”, she added, citing the 2019 review of UN action in the country, by Gert Rosenthal.
She also advised swift action to restore a working democracy before the human rights situation in the country deteriorates further.
“This should be reinforced by Security Council action. I urge all States to act immediately to give effect to the General Assembly’s call to prevent the flow of arms into Myanmar”, Ms. Bachelet said.
Hunger, violence and poverty
Ms. Bachelet said COVID had had a ‘disastrous’ impact on an economy that relied on remittances, the garment industry and other sectors which have been devastated by the resultant global recession.
UN Agencies estimate that over 6 million people are severely in need of food aid and forecast that nearly half the population could fall into poverty by early 2022.
“A void has been opened for the most harmful – and criminal – forms of illicit economy to flourish”, she underscored.
Meanwhile, a countrywide general strike, combined with the widespread dismissal of civil servants – including educators and medical personnel – has cut off many essential services in the country.
Since 1 February, at least 240 attacks on health-care facilities, medical personnel, ambulances and patients have disabled COVID-19 testing, treatment and vaccination.
Intense violence and repression
She denounced indiscriminate airstrikes, shelling, civilian killings and mass displacement. Civil voices are also being silenced: over 90 journalists have been arrested and eight major media outlets shuttered.
“We have also received multiple reports of enforced disappearances; brutal torture and deaths in custody; and the arrest of relatives or children in lieu of the person being sought”, she said.
Despite the repression, the UN High Commissioner indicated that the military leadership has not successfully secured control of Myanmar, nor won the international recognition it seeks.
“On the contrary, its brutal tactics have triggered a national uprising that has changed the political equation”, she said.
She added that people across the country continue peaceful protests despite the massive use of lethal force, including heavy weaponry, and a ‘civil disobedience movement has brought many military-controlled government structures to a standstill’.
Some people, in many parts of Myanmar, have taken up arms and formed self-protection groups. These newly formed groups have launched attacks in several locations, to which the security forces have responded with disproportionate force, she noted.
“I am concerned that this escalation in violence could have horrific consequences for civilians. All armed actors must respect and protect human rights and ensure that civilians and civilian structures such as health centres and schools are protected”.
“Any future democratic government in Myanmar must have the authority to exercise effective civilian control over the military. The international community should build upon the range of international accountability mechanisms already engaged, until transitional justice measures also become genuinely possible at the national level”, the High Commissioner concluded.
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