An Independent Investigative Mechanism: Identifying Ways To Combat Impunity In Georgia

By Mariam Uberi

According to a number of civil society and human rights commentators, Georgia requires an effective independent body to deal with the investigation of torture perpetrated by law enforcement officials.

Between 2013 and 2015, the Public Defender’s office made 58 referrals to the General Prosecutor’s office to investigate alleged ill treatment of prisoners either by the police or prison staff. Some reports indicate that the Prosecution office has either dropped some investigations or did not provide any information during the course of the investigation.

In 2016, the number of alleged acts of ill treatment committed by the police was higher than that perpetrated by prison staff. The number of referrals for investigations into ill treatment in prisons dropped by one third. Reportedly, only two of 173 allegations of ill treatment perpetrated by police were brought to the court.

These statistics raise serious questions around whether the investigative powers vested to the State security services, the Ministry of Corrections and the Ministry of Internal Affairs lack adequate guarantees of independence and impartiality to address legal wrongs by its public authorities. Further, the Public Defender’s office and various UN human rights bodies have highlighted trends of either dismissing allegations of ill treatment against state agents or instigating charges that carry lesser sentences.

This post will review the national legislative framework on torture and ill treatment and how it is implemented. It will then provide an overview of pertinent human rights obligations and will review a draft law on independent investigative mechanisms aimed at ending impunity by law enforcement agents.

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Pulling Back the Curtain: Drugs, Human Rights and the Death Penalty

By Dr Rick Lines

The death penalty for drug offences is one of the most significant and politically charged issues within the current global drug policy debate.  This week at the meeting of the United Nations Commission on Narcotic Drugs, Harm Reduction International will release its annual report on the death penalty, monitoring global trends and developments in this important area.  That report shows that 33 countries have the death penalty for drugs offences in domestic law. While the majority of these States do not actually execute people under these laws, the report finds that seven countries – China, Iran, Saudi Arabia, Malaysia, Singapore, Vietnam and Indonesia – are actively executing people for drug crimes. Between January 2015 and December 2017, at least 1,320 people were executed for non-violent drug-related offences, a figure that does not include China, where such information is guarded as a State secret.

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Supreme court rulings open door to future ‘war on terror’ litigation in Britain

By Daragh Murray

The UK Supreme Court has handed down three landmark judgements relating to the activities of UK authorities and officials in the fight against terrorism. The court ruled on January 17 that cases could now proceed against UK officials accused of involvement in detention and rendition operations – even if foreign states and their officials were the “prime actors” of alleged human rights violations. This means that cases can now proceed against, among others, the former foreign secretary Jack Straw.

Another key element of the rulings relates to the authority to detain people in armed conflict, and the interplay between the law of armed conflict and international human rights law.

The Supreme Court’s rulings will have a significant impact on future litigation in relation to the activity of UK authorities and officials abroad. As a number of the claims relate to the extraterritorial application of the Human Rights Act and its application to UK armed forces, these cases are particularly sensitive in the current political climate.

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The revised standard minimum rules for the treatment of prisoners: Interview with Taghreed Jaber

By Munira Ali

On the 7th of April 2016, experts on prison reform and management were convened for a two-day meeting by the University of Essex Human Rights Centre and Penal Reform International (PRI) to discuss the recently revised standard minimum rules for the treatment of prisoners (also known as the Mandela rules- a name designed to honour the legacy of the late Nelson Mandela). The aim of the meeting was to come up with practical guidance for implementation, which struck a fine balance between making sure that the revised rules are not unreasonably burdensome on prison administrations and guaranteeing tangible improvement of prisoners’ treatment.

One of the experts, Taghreed Jaber, regional director of the Middle East and North Africa (MENA) region for PRI, shared her insight into the revisions. Taghreed, who is also an alumni of the University of Essex, contributed to the drafting of the revisions and views the process itself as a success. Continue reading

How much protection do the new UN Standard Minimum Rules for the Treatment of Prisoners offer LGBTI detainees?

By Eka Iakobishvili. Eka has worked as a human rights analyst and adviser for number of INGOS and IGOs, such as PRI, HRI, EHRN and UNODC. She was part of the Essex Expert Group meetings that worked on the SMRs in 2012-3, and was part of the NGO discussion at the 13th Crime Congress in Qatar, in April 2015. You can follow her on twitter: @Eka_ia

On 18-22 May, the UN Commission on Crime Prevention and Criminal Justice will adopt new and updated UN Standard Minimum Rules for the Treatment of Prisoners (SMRs). The SMRs were endorsed at the 13th Crime Congress in Qatar last month and it is expected that the UN General Assembly will adopt the rules by the end of 2015. Continue reading