Blog: Treaty Bodies

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October 29, 2015

Clinic Submits Report In Support Of Hearing On Rights Of People Affected By The CIA Rendition And Torture Program

Posted by Deborah Popowski

Last week, the International Human Rights Clinic submitted a report in support of an Inter-American Commission on Human Rights thematic hearing on the rights of people affected by the CIA rendition and torture program. The hearing was requested by the ACLU and the NYU Global Justice Clinic, who asked us to adapt our 2014 shadow report to the U.N. Committee Against Torture for this purpose.

Titled Denial of Justice: The United States’ Failure to Prosecute Senior Officials for Torture, the report documents how the Obama administration and other government entities are in violation of the law by shielding from criminal liability the senior officials, including lawyers, who were responsible for the post-9/11 U.S. torture program. It notes that the U.S. government has failed to heed calls by the Inter-American Commission and other human rights authorities to conduct an in-depth and independent investigation into all allegations of torture and ill-treatment and to prosecute and punish those responsible.

We submitted both the Inter-American Commission and the U.N. Committee reports as members of the advocacy group U.S. Advocates for Torture Prosecutions.

Thanks to Michelle Ha, JD ’16, Kelsey Jost-Creegan, JD ’17, and Marin Tollefson, JD ’17 for their work on the report, and to Fernando Delgado, Tyler Giannini, and original co-authors Ben Davis, Trudy Bond, and Curtis Doebbler, for their review.

Read the rest of the documents the ACLU and the GJC submitted for the hearing.

September 21, 2015

Tomorrow, Sept. 22: Negotiating the UN Convention on the Rights of Persons With Disabilities

Luis Gallegos Poster (2)Tuesday, September 22, 2015

“Negotiating the UN Convention on the Rights of Persons with Disabilities: An Insider’s Perspective”

A Talk by Ambassador Luis Gallegos

12:00- 1:00 p.m.
WCC 3008
Harvard Law School

Please join us for a brown bag discussion with Ambassador Luis Gallegos, who chaired the first half of the negotiations on the UN Convention on the Rights of Persons with Disabilities, and is a current board member for the Special Olympics. He has previously served as Ecuador’s Ambassador to the United States, as Ecuador’s Permanent Representative to the United Nations, and as a Member of the UN Committee Against Torture.

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August 31, 2015

Has the Human Rights Committee Extended its Reach?

Posted by Gerald L. Neuman

This post was originally published July 29, 2015 on Just Security

Last week the UN Human Rights Committee, the independent body created by the International Covenant on Civil and Political Rights (ICCPR) to monitor states’ compliance, issued its Concluding Observations (COBs) on the periodic reports of seven states, including Canada, France, and the United Kingdom. These most recent statements of concern and recommendations to those states may exhibit an innovation in the committee’s approach to the perennial debate over extraterritorial application of the ICCPR. They suggest a broadened understanding of the concept of “jurisdiction” that links an individual overseas to a state and triggers the state’s ICCPR obligations, although the committee has not clearly articulated or explained the change.

The COBs on France and the United Kingdom both address issues of surveillance of communication, within and outside national territory. The observations on the UK (and a March 2014 COB on the USA) seem to assume that extraterritorial communications surveillance raises privacy issues under article 17 of the Covenant, regardless of the nationality of the parties to the communication. (The COBs for France are less explicit on the latter point.) The committee therefore expresses concern about overbroad and unchecked surveillance practices, and makes a series of recommendations for reform.

If one probes the committee’s assumption that extraterritorial communications surveillance always raises privacy issues under the Covenant, the following question arises: How does the committee explain the relationship between extraterritorial surveillance of foreign nationals and the undertaking of each state party to the ICCPR “to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant,” as article 2(1) of the treaty provides? 

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