Posts Tagged ‘Agnes Callamard’

New SG for Amnesty International: Agnès Callamard

March 30, 2021

On 29 March 2021 Amnesty International announced the appointment of Dr. Agnès Callamard, a leading international human rights expert, as its new Secretary General, effective immediately. 

Dr. Callamard has recently been the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions. In that role, she led ground-breaking investigations including into the murder of Saudi journalist Jamal Khashoggi. [see: https://humanrightsdefenders.blog/2020/09/09/agnes-callamard-calls-overturned-verdict-in-khashoggi-case-parody-of-justice/]

As Secretary General, Dr. Callamard will be the Chief Executive of Amnesty’s International Secretariat and the principal spokesperson of the global Amnesty movement, which has some 10 million supporters, and offices in more than 70 countries.

At a time when human rights are under unprecedented threat around the world, Dr. Callamard will lead, excite and rally the entire Amnesty movement to meet these challenges head-on,” said Sarah Beamish, Chair of the International Board, in announcing the appointment.  “The combination of her intellectual acuity, her deep global human rights experience, and her courageous voice makes her highly qualified to front our movement. We are delighted she has accepted this challenge to take us boldly into our next phase.

Where governments and corporations seek to silence those who speak out against their abuses, to obfuscate the truth, and to undermine or reject human rights norms, the rigorous investigations and uncompromising campaigns of Amnesty International are more vital than ever.” Agnès Callamard

  “I am honoured to take up the post of Secretary General and work alongside Amnesty’s supporters around the world so that together we defend and demand respect for all human rights for all,” Dr Callamard said. 

Dr. Callamard, a French national, has built a highly distinguished career in the international human rights and humanitarian sectors, working across NGOs, academia, and the United Nations. Alongside her role as a United Nations independent human rights expert, she held the role of Director of the Global Freedom of Expression Project at Columbia University. Previously, she has been the Executive Director of the Freedom of Expression organization ARTICLE 19 and was the founder and Executive Director of HAP International (the Humanitarian Accountability Partnership).

Dr. Callamard worked with Amnesty International from 1995-2001, including as Chef de Cabinet for then-Secretary General Pierre Sané.  She has led human rights investigations in more than 30 countries and published extensively on human rights, women’s rights, freedom of expression, refugee movements, and the methodology of human rights investigations.

See also 7 April interview: https://www.aljazeera.com/news/2021/4/7/leaders-of-the-world-have-failed-us-qa-with-agnes-callamard

https://www.amnesty.org/en/latest/news/2021/03/dr-agnes-callamard-appointed-as-secretary-general-of-amnesty-international/

Human rights lawyer Christof Heyns dies unexpectedly: tributes pour in

March 30, 2021

On 28 March 2021, respected human rights lawyer Professor Christof Heyns passed away, unexpectedly, aged 62.  

Most recently, Professor Heyns was the was the Director of the Institute for International and Comparative Law in Africa at the University of Pretoria, and had also served as United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions from 2010 to 2016. See: https://www.trueheroesfilms.org/thedigest/laureates/dfa7df54-3cb2-465c-9655-d139b5486591.

See also: https://humanrightsdefenders.blog/2020/07/30/christof-heyns-discusses-new-un-comment-on-right-of-peaceful-assembly/

His friends and colleagues pay tribute to a giant of global human rights: 

The Centre for Human Rights CHR, in its tribute, called him their “founding father, a trail-blazer, and a constant source of inspiration and encouragement. He was our dynamic initiator-in-chief. He played a pioneering role in positioning the Centre as a pan-African centre of excellence. Constantly brimming with new ideas and grand schemes, plans and projects, he propelled the Centre into new directions and challenged it to explore different dimensions.  “To Christof, if something could be conceived, it could be achieved.”

On Monday, the CHR created a memorial page on Facebook in his memory which, within hours, contained hundreds of entries from all over the world. The reactions registered on Facebook, on WhatsApp groups and emails speak volumes about how highly Heyns the man, the mentor, the “rock star” and the lawyer was regarded.

Arnold Tsunga, chairperson of the Southern Africa Human Rights Defenders Network

“The sudden demise of Professor Christof Heyns is a real tragedy to us as a community of human rights activists in southern Africa. As a member of the United Nations Human Rights Committee his contribution to production of General Comment Number 37 on the right to peaceful assembly is invaluable at a time when we are experiencing democratic regression and authoritarian consolidation globally. He is irreplaceable and shall be sorely missed. May his soul rest in eternal peace.”

Raenette Taljaard, former politician and independent analyst

“Prof Christof Heyns was one of South Africa and the world’s great thought leaders and moral authorities on human rights. Beyond his contribution to academia, his work as a UN Special Rapporteur stands as a towering tribute to the right to life in a world where algorithms and lethal autonomous weapons can make life and death decisions that are core to who we are as humanity. His work will live on in the many principled human rights fighters and public intellectuals that have had the privilege to encounter him and to be mentored by him. He will be greatly missed.”

Jason Brickhill, human rights lawyer and former director of the Constitutional Litigation Unit at the Legal Resources Centre 

“So very shocked and sad to hear that Christof Heyns has passed on. Such a gentle, wise and self-deprecating soul. I was lucky to be taught by him (about the African regional human rights system) and he supervised my master’s dissertation just over a decade ago.  “He did so much to advance human rights in very real, meaningful ways, especially with his work on the African regional system (he was a true pan-Africanist!) and on the right to life at the UN.  “He shared with me and other classmates his ‘struggle approach’ to human rights, which is still the foundation for how I think about the law’s role in the world. We will remember you, Christof, and carry with us the ideas that you shared.”

Faranaaz Veriava, head of the Basic Education Rights programme at SECTION27

“Around 1995 I was young and green in my first job, working in the Idasa Pretoria office. Ivor Jenkins, our director, talked me into meeting with a Moroccan delegation visiting the Centre for Human Rights at the University of Pretoria to discuss human rights law. Prof Christof Heyns hosted the delegation. I was probably terrible in that meeting but Prof Heyns was warm and encouraging and I became very interested in the work of the Centre. The next year I registered in the LLM programme at the centre which was a pioneering programme at the time for students all over Africa interested in human rights law. Later I would teach annually in that same programme. Much later, complete my doctorate through the UP law school and then teach at the law school myself. If Ivor Jenkins had not thrown me in at the deep end that day, I wonder if I would have any history with UP – a historically Afrikaans university – and that is now such a positive part of my life. RIP Prof Heyns, a warm and inspiring man and pioneer in human rights law.”

Alice Brown, former resident coordinator, Ford Foundation

“What sad news. I met Christof in the late 1980s through my work with the Ford Foundation. Christof was an innovative human rights academic who was a trailblazer for a number of important rights-focused training programs. In addition, in all my interactions with him over the years, I found him to be a very decent human being.”

Thuli Madonsela, former Public Protector, current law trust chair in social justice, University of Stellenbosch

“What a sad occasion. He was such a mensch, resolutely devoted to developing leaders to advance democracy and human rights in this continent. “The news of the passing of Christof Heyns hit me like a ton of bricks. I have known Christof for all my grown-up life.  “A quintessential professional, Christoff invested a lot in developing leaders that are anchored in a sound knowledge and values system regarding human rights and democracy. He was passionate about the African continent and building scholarship in the continent on human rights, democracy and the rule of law.  “The country, the continent and the entire world is poorer because of Christof Heyns’ untimely passing, yet richer because of the legacy he leaves behind. It is said leaders do not die, they multiply. Christof leaves pieces of himself among the many scholars he nurtured and policymakers he touched. May his great soul Rest In Peace.” Christof Heyns and the Outlaws — the rock and roll band of the Faculty of Law at the University of Pretoria. Formed in 2007, they always played at the annual Faculty Festival. (Photo: Yolanda Booyzen)

Bongani Majola, Chairperson of the SA Human Rights Commission

“We deeply mourn the untimely passing of Prof Christof Heyns, a giant in the promotion of human rights. Empowering young people has always been his passion. I first met him in the late 1980s/early 1990s when he and I ran a project that sought to open opportunities for final-year law students from the then historically black universities to find placements in commercial law firms. At the time, it was hard for many black law graduates to be admitted to articles of clerkship and even harder – almost impossible to get placed in commercial law firms. 

“Another empowerment project that Christof Heyns employed significantly to empower the youth was the moot court competitions that he and his colleagues took beyond the borders of South Africa, the borders of SADC and beyond the boundaries of the African continent. Recently, he had taken the promotion of human rights to schools in the basic education environment, a project that he passed on to the South African Human Rights Commission once it had taken a firm hold among basic education schools. 

“He was a visionary who believed in investing in the youth in order to build a strong human rights culture. The country has lost a true human rights activist. He will be sorely missed.”

Edwin Cameron, former Constitutional Court judge

Really terribly shocked and saddened by Christof’s sudden death yesterday. He was a meticulous, conscientious, persistent, courageous fighter for justice and human rights.

Rose Hanzi, director of Zimbabwe Lawyers for Human Rights

“Very very sad. Prof Heyns raised the African continent high with his contributions at the ACHPR [African Commission on Human and Peoples’ Rights] and UN.”

Muleya Mwananyanda, Amnesty International 

“So saddened to learn of the death of Prof Christof Heyns. Many of you may know him. He was my teacher and I suspect a few others on this group. What a dedicated Human Rights Activist he was. Beyond teaching, he will be remembered for drafting the General Comment on Freedom of Assembly … he was until his death after a heart attack while hiking a member of the HRC. MHSRIP”

Steven LB Jensen, Danish Institute for Human Rights

“Oh no, this is so sad and shocking news. I met him twice – first in Lund for a two-hour conversation just the two of us and again at the Danish Institute for a meeting on collaborations between our institutions. He was a wonderful person and so easy to engage with. He will be sorely missed by many all around the world.” DM/MC

From Amnesty International staff:

Dr. Agnès Callamard, the new Secretary General of Amnesty International, said: “Christof Heyns was a brilliant human rights lawyer and thinker, gentle person…He leaves behind such an extraordinary legacy.” 

Shenilla Mohamed, Executive Director of Amnesty International South Africa, said: “A mighty baobab has fallen! The untimely death of renowned human rights law expert, Professor Christof Heyns, is a devastating loss. In Africa the Baobab Tree is considered a symbol of power, longevity, presence, strength and grace. Professor Heyns was a baobab in the human rights world. A giant in his field, he fought hard for a just world. As Director of the Institute for International and Comparative Law in Africa, he was involved in a number of critical initiatives. His contributions included: Chair of the UN independent investigation on Burundi, leading on the drafting of UN human rights guidelines on peaceful assembly and the use of less lethal weapons. He also served as the UN Special Rapporteur on extrajudicial executions. Hamba Kahle Professor Heyns, Ke a Leboga, Enkosi, Ngiyabonga, Thank you for your service to humanity. You have left indelible footprints and we salute you!”

Sam Dubberley, Amnesty International’s Head of Crisis Evidence Lab, said: “Christof’s support for establishing a hub of Amnesty’s Digital Verification Corps at the Centre for Human Rights at the University of Pretoria was unequivocal. He gave time, advice and space for this project to emerge, and welcomed the Amnesty team on every visit to Pretoria despite his always frantic schedule. Christof made everyone feel valued, and was a source of energy and sage advice. How he will be missed.” 

Netsanet Belay, Research and Advocacy Director of Amnesty International, said: “Words fail me to express the profound sense of loss with the sudden passing of Professor Heyns. Like many, I had the privilege of working with him and benefited much from his wisdom, mentorship and guidance. He was a rare breed, one of Africa’s great legal minds, a passionate human rights defender and a kind, passionate, humble person. He nurtured and cultivated a cadre of human rights experts and activists in Africa, including by transforming the human rights centre at the University of Pretoria into a world class institution that produced Africa’s leading human rights scholars and practitioners. His publications on various human rights issues in leading academic journals are testament to his brilliance, wisdom and dedication. He was a true pan-Africanist, as exemplified in his work to champion and strengthen the African Commission on Human and Peoples’ Rights. His passing is also a great loss to Amnesty International. As [recently] as last week we were working with Professor Heyns on the draft report by the African Commission on Human and Peoples’ Rights on the use of force by law enforcement officials in Africa. We shall strive to ensure his last vision [is seen] to fruition. Rest in peace dear brother!”

Rasha Abdul-Rahim, Director of Amnesty Tech, said: “It was devastating to hear of the passing of Professor Heyns. All my thoughts and prayers are with his family and friends. Not only was Christof a renowned human rights expert, he was fiercely justice-focused and an absolute joy and pleasure to work with. Christof wrote the seminal Human Rights Council report that put the human rights risks of autonomous weapons systems on the agenda. He was always extremely generous with his expertise and time. This is a huge loss for the human rights movement, and we will miss him deeply.” 

Avner Gidron, Senior Policy Adviser on Amnesty International’s Law and Policy Programme, said: “I worked most closely with Professor Heyns on The Minnesota Protocol on the Investigation of Potentially Unlawful Death in 2016. It’s a practical tool for human rights defenders and advocates around the world seeking accountability for unlawful killings; and it is now a small, but important, part of Christof’s vast legacy. As well as his importance as a brilliant legal mind, scholar and activist, I will remember Christof for actually embodying human rights values: being an incredibly warm, generous and considerate human being. His death is a tremendous loss for the human rights movement, and an unimaginable tragedy for his family and friends.”

Simon Crowther, legal advisor at Amnesty International, said: “Christof was a legal giant who approached his work with kindness, humility, humour and immense intelligence. He will be greatly missed.” 

Anja Bienert, Senior Programme Officer at Amnesty International Netherlands, said: “I first met Christof in 2013 and immediately felt connected to him: his sharp mind, the careful and perfectly articulated thoughts on the many pressing human rights issues, but more importantly, his warm and welcoming personality, with whom it was a pleasure to discuss. Since then, he was an ongoing source of inspiration to me and a great ally in the fight for greater protection of human rights. He constantly strove not just to write excellent publications, but to have a real impact for the respect of human rights across the world. We will miss him incredibly. It will be our mission to uphold his great legacy in the field of human rights.”

https://www.amnesty.org/en/latest/news/2021/03/christof-heyns-tribute/

As Iran prepares to execute Ahmadreza Djalali, the world reacts

November 26, 2020

Around the world, shock and outrage has been the reaction to the news that Iran is preparing to execute Swedish-Iranian emergency medicine specialist Dr Ahmadreza Djalali. In a call from Evin Prison on 24 November, Ahmadreza told his wife Vida, who lives in Sweden, that he believed he may be executed in less than a week. He has been transferred into solitary confinement and it has been reported that he will shortly be sent to Rajai Shahr Prison where this draconian death sentence would be delivered.

Dr Djalali has been used as a bargaining chip as part of Iran’s hostage diplomacy. A dual national, illegally detained in solitary confinement with no access to a lawyer before being sentenced to death in October 2017. The court based their sentence for “corruption on earth” on “confessions” elicited after torture, threats to kill Ahmadreza Djalali’s wife and two young children, solitary confinement and his prolonged ill treatment.

The UN, EU, Council of Europe, European governments, worldwide academic institutions, civil society and thousands of individuals have all called for Dr Djalali’s release.

UN experts Javaid Rehman, Special Rapporteur on the situation of human rights in the Islamic Republic of Iran and Agnes Callamard, Special Rapporteur on extrajudicial, summary or arbitrary executions issued a statement saying: “We are horrified by the reports that Mr. Djalali is soon to be executed by the Islamic Republic of Iran. His torture, arbitrary detention, death sentence and now reported imminent execution are unconscionable acts that should be condemned by the international community in the strongest terms. We urge the Iranian authorities to take immediate action to reverse this decision before it is too late.

Amnesty International’s Deputy Director for the Middle East and North Africa, Diana Eltahawy, said:

“We call on members of the international community to immediately intervene, including through their embassies in Tehran, to save Ahmadreza Djalali’s life before it is too late.”

Valerie Peay, Director of the International Observatory of Human Rights said: “We stand in support of Dr Djalali and his family. Ahmadreza has already suffered gross injustice, pain and the cruel separation from his wife and two children. For three years he has faced a baseless death sentence while Iran has used him as a bargaining chip and sought to gain leverage with the international community by unjustly incarcerating Dr Djalali and other dual nationals. Now is the moment for the Islamic Republic to act to cease this action to execute Dr Djalali and instead, release him to return his life in Sweden with his family.

https://researchprofessionalnews.com/rr-news-europe-universities-2020-11-academic-groups-sound-alarm-over-djalali-death-sentence/embed/#?secret=xEX33rLMOr

Agnes Callamard calls overturned verdict in Khashoggi case “parody of justice”

September 9, 2020

An independent UN human rights investigator called the overturned verdict of Saudi Arabia’s prosecutor in the 2018 murder of journalist Jamal Khashoggi a “parody of justice” that spared “high-level” plotters.  At a regular press briefing on Tuesday, Rupert Colville, spokesperson for the UN High Commissioner for Human Rights, (OHCHR), quoted Agnes Callamard, the UN Special Rapporteur on Extrajudicial Executions, in saying, “they came at the end of a process which was neither fair nor just, or transparent“. [for earlier posts on Khashoggi, see: https://humanrightsdefenders.blog/tag/jamal-khashoggi/]

In October 2018, the 59-year-old columnist for The Washington Post was killed and dismembered at the kingdom’s consulate in Istanbul. Saudi prosecutors in Riyadh had convicted eight people for the brutal murder. However, on Monday, a Saudi court overturned five death sentences in a final ruling that jailed eight defendants for between seven and 20 years, according to Saudi State media.

The press briefing came on the heels of a series of tweets from the independent UN expert who reacted disparagingly to Monday’s verdict. “The five hitmen are sentenced to 20 years imprisonment, but the high-level officials who organized and embraced the execution of Jamal Khashoggi have walked free from the start – barely touched by the investigation and trial,” Ms. Callamard tweeted.

As for the individual responsibility of the person on top of the State”, the independent UN expert upheld, “the Crown Prince Mohammed bin Salman, he has remained well protected against any kind of meaningful scrutiny in his country“. She stated that “the Saudi Prosecutor performed one more act today in this parody of justice”, adding “but these verdicts carry no legal or moral legitimacy”.

UN Rapporteur and Amnesty seek freedom for those “punished for daring to drive.”

July 9, 2020

On 9 june 2020 Agnes Callamard, the UN special rapporteur on extrajudicial, summary or arbitrary executions, urged member states to pressure Saudi Arabia to free women activists before a G20 nations summit which Riyadh will be hosting in November. At least a dozen prominent women’s rights activists were arrested in Saudi Arabia in 2018 as it lifted a ban on women driving cars, a step that many of the detainees had long campaigned for. The women were rounded up as part of a broader crackdown on dissent that extended to clerics and intellectuals.

Several of the arrested women have alleged torture and sexual assault in detention. Saudi officials deny this and said the detainees were suspected of having harmed Saudi interests and offered support to hostile elements abroad.

Some of the activists are now on trial, but few charges have been made public. Charges against at least some of the activists relate to contacts with foreign journalists, diplomats and human rights groups. Their prosecution has drawn global criticism, particularly following the 2018 murder of journalist Jamal Khashoggi by Saudi agents inside the kingdom’s Istanbul consulate. (as Rapporteur Agnes Callamard also dealt with Khashoggi’s killing: https://humanrightsdefenders.blog/2019/12/23/the-unsatisfactory-end-to-the-khashoggi-investigation/)

The families of some of the activists, included Loujain al-Hathloul, raised concerns earlier this year when they were unable to contact their detained relatives in prison for several weeks. Contact was eventually restored. [https://humanrightsdefenders.blog/2019/10/07/lina-al-hathloul-speaks-out-for-her-sister-loujain-imprisoned-in-saudi-arabia/].

Earlier Amnesty International had called on Saudi Arabian authorities to immediately release women human rights activists, including those who are “being punished for daring to drive.“…. Amnesty UK has launched a “Beep for freedom” campaign in support of the persecuted women’s rights defenders. The campaign involves supporters sharing photos of themselves behind the wheel of a car or sharing the campaign’s “Beep For Freedom” car horn symbol, with an appeal to the Saudi authorities to “immediately and unconditionally” release the activists and drop all charges against them.

https://www.dailystar.com.lb/News/Middle-East/2020/Jul-09/508775-un-investigator-calls-on-saudi-arabia-to-free-female-activists.ashx

https://www.aa.com.tr/en/middle-east/amnesty-intl-urges-sarabia-to-release-female-activists/1889626

The unsatisfactory ‘end’ to the Khashoggi investigation?

December 23, 2019

Main media (here BBC) have reported it but as I have devoted several posts to the Khashoggi case [https://humanrightsdefenders.blog/tag/jamal-khashoggi/], I wanted to be complete:

A court in Saudi Arabia has sentenced five people to death and jailed three others over the murder of the journalist Jamal Khashoggi last year. The Saudi authorities said it was the result of a “rogue operation” and put 11 unnamed individuals on trial. A UN expert said the trial represented “the antithesis of justice”. “Bottom line: the hit-men are guilty, sentenced to death. The masterminds not only walk free. They have barely been touched by the investigation and the trial,” Special Rapporteur Agnes Callamard wrote on Twitter. (A report released by Ms Callamard concluded in June that Khashoggi’s death was an “extrajudicial execution” for which the Saudi state was responsible, and that there was credible evidence warranting further investigation that high-level officials, including Crown Prince Mohammed bin Salman, were individually liable.)

The shadow cast by the grisly murder of Jamal Khashoggi has hung over Saudi Arabia’s international reputation for more than a year now. The ruling princes, especially the all-powerful Crown Prince Mohammed bin Salman, will be hoping Monday’s verdicts draw a line under the whole affair. That may be wishful thinking. The two most senior suspects – dubbed “the masterminds” – have walked free after a trial shrouded in secrecy.

At a news conference in Riyadh on Monday, Mr Shaalan said the public prosecution’s investigations had shown that “there was no premeditation to kill at the beginning of the mission”…Ms Callamard dismissed as “utterly ridiculous” the assertion that the killing was not premeditated, noting that in one of the purported audio recordings from the consulate two Saudi officials were heard discussing how to cut up and transport Khashoggi’s body just minutes before he entered the consulate.

A statement by the Saudi public prosecution said a total of 31 individuals were investigated over the killing and that 21 of them were arrested. Eleven were eventually referred to trial at the Riyadh Criminal Court and the public prosecutor sought the death penalty for five of them. Human Rights Watch said the trial, which took place behind closed doors, did not meet international standards and that the Saudi authorities had “obstructed meaningful accountability”.

Can the UN do more to resolve Khashoggi’s murder?

October 3, 2019

Agnès Callamard
Callamard is speaking on the subject at Columbia University.

Exactly a year after Jamal Khashoggi, was murdered in the Saudi consulate in Istanbul, the United Nations’ special rapporteur on extrajudicial, summary or arbitrary executions, Agnès Callamard, remains categorical: UN Secretary-General António Guterres can and should do more about the murder, and so should member states. “I am asking the secretary-general of the United Nations, the various heads of states, including in Europe, Canada and Australia, to speak publicly about the situation and to do so in places and circumstances where it is difficult to do it,” Callamard told PassBlue. “The demand I am making should not carry a heavy political cost if it is done in a more collective fashion.”In her June report investigating the murder of Khashoggi — the only official UN word on the matter — Callamard called on Guterres and UN member countries to launch an international criminal investigation and asked heads of state to rally against Saudi Arabia’s blatant attack on freedom of the press. See https://humanrightsdefenders.blog/2019/06/19/news-un-expert-agnes-callamard-says-saudi-arabia-is-responsible-for-extrajudicial-killing-of-khashoggi-and-calls-it-international-crime/

Callamard also explored other options to hold the perpetrators accountable in Turkey and in the US, saying in the report, “The killing of Mr Khashoggi thus constitutes an international crime over which other states should claim universal jurisdiction.

 

Callamard supports the notion of a Security Council resolution — which are legally binding — to call on countries around the world to unite behind a push to resolve the murder. But that’s easier said than done. Saudi Arabia, an influential, oil-rich country in the troubled Middle East, has a record of human-rights abuses, but it is often left alone by the UN Human Rights Council (of which it is currently a member) and other nations, including democratic ones in the West. Amal Clooney, Britain’s special envoy on media freedom, told The Guardian on Oct. 1 that “she expected a specialist legal panel, set up by the UK government and due to report soon, to champion a new standing UN investigatory mechanism into such killings.” It is unclear if other permanent members of the Security Council besides Britain — China, France, Russia and the US, some of them close allies and big suppliers of weapons to Saudi Arabia — are willing to stick their necks out to defend press freedom and pursue the gruesome murder of a 59-year-old journalist who worked for one of America’s most prestigious newspapers.

Hatice Cengiz, Khashoggi’s fiancée, has traveled the world to ask countries to help resolve the murder. She was warmly greeted in many of them, she said at a conference at Columbia University, in New York, on Sept. 27, speaking through an interpreter. But not only did they resist her request for action, “they never said anything negative against Saudi Arabia.” Even members of the European Union, known to be outspoken about human-rights violations, have shown no formal or informal support to act.

Callamard, who is French and directs the Global Freedom of Expression project at Columbia University, said that she, too, traveled to many European countries during her investigation, and while they cooperated with her, none offered to help. She said she hoped that European and other Western countries, including the US and Canada, would unite to denounce Saudi Arabia’s crime in a more concerted way. (The US did denounce the murder but left it to the Saudi government to handle the case.)She worries that letting the case go will set a precedent, sending the message that persecuting journalists is something any country is free to do with impunity.

 

 

https://www.passblue.com/2019/10/02/the-un-can-do-much-more-to-resolve-khashoggis-murder-says-agnes-callamard/

NEWS: UN expert, Agnes Callamard, says Saudi Arabia is responsible for ‘extrajudicial’ killing of Khashoggi and calls it ‘international crime’.

June 19, 2019

The UN rapporteur believes that the killing of Khashoggi constitutes an international crime [File: Sedad Suna/EPA-EFE]
The UN rapporteur believes that the killing of Khashoggi constitutes an international crime [File: Sedad Suna/EPA-EFE]

Saudi journalist Jamal Khashoggi was killed by Saudi agents inside the Saudi consulate in Istanbul on 2 October 2018 says UN extrajudicial executions investigator Agnes Callamard in her report which was released on Wednesday 19 June 2019. She said Khashoggi’s death “constituted an extrajudicial killing for which the State of the Kingdom of Saudi Arabia is responsible”. Al Jazeera published the Executive Summary (see below), while Rob Berschinski of Human Rights First calls on Congress to pursue accountability for his murder. “Callamard’s report underscores that there will be no justice for Jamal Khashoggi unless Congress steps up. Saudi leaders have made it clear that they intend to get away with murder. President Trump has made it clear that he values arms sales over the killing and dismemberment of a U.S. resident. Congress must make it clear that it will not let this stand,”. He added that “the Senate has passed aunanimous resolution that found, based on U.S. intelligence, that Crown Prince Mohammed bin Salman is responsible for Khashoggi’s murder. Republican and Democratic House leaders have called for accountability. Now is the time for action, not words.”

See also: https://humanrightsdefenders.blog/2019/03/18/jamal-khashoggi-murder-the-plot-thickens/

——–

Executive summary

State Responsibilities

1.   Mr. Khashoggi’s killing constituted an extrajudicial killing for which the State of the Kingdom of Saudi Arabia is responsible. His attempted kidnapping would also constitute a violation under international human rights law. From the perspective of international human rights law, State responsibility is not a question of, for example, which of the State officials ordered Mr. Khashoggi’s death; whether one or more ordered a kidnapping that was botched and then became an accidental killing; or whether the officers acted on their own initiative or ultra vires.

2.   The killing of Mr. Khashoggi further constituted a violation of the Vienna Convention on Consular Relations (thereafter VCCR) and of the prohibition against the extra-territorial use of force in time of peace (customary law and UN Charter). In killing a journalist, the State of Saudi Arabia also committed an act inconsistent with a core tenet of the United Nations, the protection of freedom of expression.  As such, it can be credibly argued that it used force extra-territorially in a manner “inconsistent with the Purposes of the United Nations.”

3.   Further, the circumstances of the killing of Mr. Khashoggi may constitute an act of torture under the terms of the Convention Against Torture, ratified by Saudi Arabia. Finally, the killing of Mr. Khashoggi may also constitute to this date an enforced disappearance since the location of his remains has not been established.

Individual liability

4.   The Special Rapporteur has determined that there is credible evidence, warranting further investigation of high-level Saudi Officials’ individual liability, including the Crown Prince’s.  She warns against a disproportionate emphasis on identifying who ordered the crime, pointing out that the search for justice and accountability is not singularly dependent on finding a smoking gun and the person holding it. The search is also, if not primarily, about identifying those who, in the context of the commission of a violation, have abused, or failed to fulfill, the responsibilities of their positions of authority. 

Duty to investigate and consular immunity

5.   The Special Rapporteur has found that both the investigations conducted by Saudi Arabia and Turkey failed to meet international standards regarding the investigation into unlawful deaths.

6.   Saudi officials were present in the Saudi consulate and residence in Istanbul from 6 to 15 October during which time they presumably investigated the killing. However, the Special Rapporteur was not provided with any information regarding the evidence they may have collected during this period. The Saudi Public Prosecution made public a few of their findings on 15 November but the statement was light on details, limiting itself to a few general allegations. Other statements regarding the actions and responsibilities of specific individuals were a welcomed step. However, the Special Rapporteur notes that some of the individuals allegedly referenced in these statements and the identity of 11 perpetrators currently on trial do not match. Further, the Saudi authorities have yet to disclose the whereabouts of the remains of Mr. Khashoggi.

7.   The Special Rapporteur found that under the terms of the VCCR, Saudi authorities were under no legal obligation to grant access to the Consular premises to the Turkish investigators. However, Saudi Arabia was under an international obligation to cooperate with the Turkish authorities in the investigation of the killing of Mr. Khashoggi. Such cooperation necessarily demanded that they gave access to the consulate to the Turkish authorities in a prompt and effective fashion and in good faith. Consular immunity was never intended to enable impunity. 

8.   The Special Rapporteur found credible evidence pointing to the crime scenes having been thoroughly, even forensically, cleaned. These indicate that the Saudi investigation was not conducted in good faith, and that it may amount to obstructing justice. 

9.   Turkish investigators, accompanied by Saudi investigators, only had access to the Consulate on the 15th October for 6 hours and to the Consul’ residence on 17th October for around thirteen hours, where they also had to search the whole consular vehicle fleet. Their scientific and forensic inquiries were limited to “swabbing” and they were not allowed to drain a well located in the residence. The limitations imposed by Saudi Arabia on the Turkish investigation cannot be justified by the need to protect Consular operations.

10.  Turkish investigators decided not to search the Saudi Consulate without proper authorization from the Saudi authorities. The Special Rapporteur found that this was the appropriate way to proceed: creating an exception to the VCCR grounded inviolability of the Saudi Consular premises for the purpose of an investigation would have been unnecessary and disproportionate.

11.   She also found that Turkey’s fear over an escalation of the situation and retribution meant that the consular residences or consular cars were also not searched without permission even though they are not protected by the VCCR.

12.   The Special Rapporteur regrets that it appears no international body or other State came forward with an offer to “mediate” between the two parties to negotiate prompt and effective access to the crime scene.  This could have been done to also help de-escalate the crisis, protect equally the VCCR and human rights, and address as well the fear of retaliation. Instead, it appears that other Member States pondered rather only their own national and strategic interests. The United Nations either considered it had no evident means of intervention or elected not to intervene. In retrospect, it is evident that the ultimate casualty of these considerations was justice and accountability for Jamal Khashoggi.

Duty to protect and to warn

13.   On the basis of credible information at her disposal, the Special Rapporteur has concluded that there is insufficient evidence to suggest that either Turkey or the United States knew, or ought to have known, of a real and imminent or foreseeable threat to Mr. Khashoggi’s life. There was credible evidence to suggest that, had Mr. Khashoggi returned to Saudi Arabia, or been lured there, he would have been detained, possibly disappeared, and harmed. These risks were not linked to his life or presence in his countries of residence, namely the US or Turkey.  She did not secure credible evidence that US authorities had intercepted the Saudi Crown Prince’s communications or that such intercepts had been assessed before the time of the killing of Mr. Khashoggi.

14.   The killing of Mr. Khashoggi has highlighted the vulnerabilities of dissidents living abroad, and the risks they are facing of covert actions by the authorities of their countries of origin or non-State actors associated to them. The States of the countries where they have found residence or exile are under an obligation to respect their human rights, and protect them against violence by the States of the countries they have escaped from.  This obligation should entail, namely:

(a)   The duty to protect is triggered whenever Governments know or ought to know of a real and immediate threat or risk to someone’s life;

(b)   Such an obligation to protect includes, but is not limited to, a duty to warn the individual of an imminent threat to their life

(c)   The obligation to protect, including the duty to warn, is imposed on all Governments agencies and institutions, and thus includes Intelligence Agencies

(d)   The obligation to protect applies regardless of the status of citizen or alien on the territories of the State.

(e)   The obligation to protect, including the duty to warn, demands that risks assessment take into account whether some individuals may be particularly at risk because of their identity or activities, such as journalists or human rights defenders.

(f)    The obligation to protect, including the duty to warn, may be triggered extra-territorially, whenever States exercise power or effective control over individual’s enjoyment of the right to life.

Duty to prosecute and reparations

15.  The Kingdom of Saudi Arabia has taken timid steps towards addressing its State responsibilities in terms of prosecution and reparation. But these stop short of what is required under international law. The accountability gap is all the more worrying given that it concerns a crime that has received an unprecedented level of attention and outcry internationally, including official public condemnation the world over.

16.  The on-going trial in Saudi Arabia of 11 suspects in the killing of Mr. Khashoggi, while an important step towards accountability, fails to meet procedural and substantive standards. The trial is held behind closed doors; the identity of those charged has not been released nor is the identity of those facing the death penalty. At the time of writing, at least one of those identified as responsible for the planning and organizing of the execution of Mr. Khashoggi has not been charged. 

17.  The Government of Saudi Arabia has invited representatives of Turkey and of the permanent members of the Security Council to attend at least some of the hearings.  However, the Special Rapporteur has been told that this trial observation was conditional upon agreement to not disclose its details. Trial observation under those conditions cannot provide credible validation of the proceedings or of the investigation itself. It is particularly concerning that, given the identity of the observers, the institution of the UN Security Council itself has been made complicit in what may well amount to a miscarriage of justice. 

18.  In view of her concerns regarding the trial of the 11 suspects in Saudi Arabia, the Special Rapporteur calls for the suspension of the trial.

19.  To date the Saudi State has failed to offer public recognition of its responsibility for the killing of Mr. Khashoggi and it has failed to offer an apology to Mr. Khashoggi’s family, friends and colleagues for his death and for the manner in which he was killed. The Special Rapporteur obtained information regarding a financial package offered to the children of Mr. Jamal Khashoggi but it is questionable whether such package amounts to compensation under international human rights law. 

20.  The restructuring of the Intelligence Services announced by King Salman is insufficient. There has been no subsequent information elaborating on the impact of the restructuring (or any other measures) on the decision-making, training, and codes of ethics of the Security Agencies, to name a few issues of concern.  Instead, one would expect the Kingdom of Saudi Arabia to demonstrate non-repetition including by releasing all individuals imprisoned for the peaceful expression of their opinion and belief; investigating all allegations of torture and lethal use of force in formal and informal places of detention; investigating all allegations of enforced disappearances and making public the whereabouts of individuals disappeared. It should also undertake an in-depth assessment of the actors, institutions and circumstances that made it possible for the execution of Mr. Khashoggi to be carried forward and identify the reforms required to ensure non-repetition.

Universal jurisdiction

21.  The Special Rapporteur believes that the killing of Mr Kashoggi constitutes an international crime over which States should claim universal jurisdiction. The killing of Mr. Khashoggi is a violation of a jus cogen norm. It violates the VCCR and the prohibition against the extraterritorial use of force in times of peace. The circumstances of the execution may amount to an act of torture under the Convention Against Torture. It is a continuing case of enforced disappearance since the remains of Mr. Khashoggi have not been located. It concerns a journalist in self-imposed exile. His execution has an enduring international impact.

Accountability

22.  The Special Rapporteur is concerned that legal accountability for the execution of Mr. Khashoggi is being made difficult to obtain. The trial underway in Saudi Arabia will not deliver credible accountability. Turkey has not initiated proceedings yet and hopes for credible accountability are weak in a country with such a track record of imprisonment of journalists. Jurisdictional challenges and the impossibility of conducting a trial in absentia mean that a trial in the US will face many challenges. The Special Rapporteur makes a number of proposals for how some of these issues may be addressed while warning that no one proposal on its own will deliver credible accountability.

23.  The Special Rapporteur emphasizes that the search for accountability and justice should include other means, including political, diplomatic, financial, symbolic. Actions to celebrate and recall the life of Jamal Khashoggi have an important part to play in ensuring public accountability for his execution.


https://www.humanrightsfirst.org/press-release/un-khashoggi-report-call-action

https://www.aljazeera.com/news/2019/06/khashoggi-executive-summary-callamard-report-190619105102019.html

Other members of the UN’s Khashoggi investigation team named

January 26, 2019

The United Nations’ human rights office in Geneva confirmed on Friday a Reuters report that three-member team of international experts would conduct an inquiry into the murder of Saudi journalist Jamal Khashoggi. [https://humanrightsdefenders.blog/2019/01/26/u-n-rapporteur-agnes-callamard-to-investigate-kashoggi-murder/]. The other two panel members – in addition to Agnes Callamard – are British barrister Helena Kennedy and Duarte Nuno Vieira, a pathology expert and professor at the department of legal and forensic medicine and ethics and medical law at Coimbra University, Portugal.

The trio will visit Turkey from Jan 28-Feb 3 and plan to report to the U.N. Human Rights Council in June, it said.

There was no word on whether the panel would seek access to Saudi Arabia or whether the kingdom would cooperate. The Saudi diplomatic mission in Geneva did not respond to inquiries. On 29 January Human Rights Watch stated that the team has in fact requested to visit Saudi Arabia. HRW added that” Once Callamard presents her findings to the Human Rights Council, UN member states should explore avenues for holding to account everyone responsible for Khashoggi’s murder, from the operatives who dismembered him with a bone saw to any officials who ordered or organized the killing.”

Read more at https://www.channelnewsasia.com/news/world/un-names-members-of-international-inquiry-on-khashoggi-murder-11166718

https://www.hrw.org/news/2019/01/29/un-rights-expert-independently-investigates-khashoggi-murder

U.N. Rapporteur Agnes Callamard to investigate Kashoggi murder

January 26, 2019

A UN special rapporteur told Reuters on Thursday 24 January 2019 she will travel to Turkey next week to head an “independent international inquiry” into the murder of Saudi journalist Jamal Khashoggi. [see also: https://humanrightsdefenders.blog/2018/12/18/in-spite-of-khashoggi-riyadh-wants-to-be-the-capital-of-media/]

Earlier on Thursday, Turkish Foreign Minister Mevlut Cavusoglu said it was time for an international investigation and that President Erdogan had ordered preparations to be made. “I will be heading an independent international inquiry into the killing of Saudi journalist Mr. Jamal Khashoggi, commencing with a visit to Turkey from 28 January to 3 February 2019,UN Special Rapporteur  on extrajudicial, summary or arbitrary executions Agnes Callamard said in an email reply to Reuters in Geneva.

My findings and recommendations will be reported to the U.N. Human Rights Council at the June 2019 session,” she said.

[Callamard, a French academic who is director of the Columbia Global Freedom of Expression initiative at Columbia University in New York, reports to the U.N. Human Rights Council in Geneva and has a global mandate to investigate executions. See also: https://humanrightsdefenders.blog/tag/agnes-callamard/]