Introduction. General Assembly. Ensuring legal protection against arbitrary arrest. Student Officer: Robert Shu. President of the General Assembly

Transcription

1 Forum: Issue: General Assembly Ensuring legal protection against arbitrary arrest Student Officer: Robert Shu Position: President of the General Assembly Introduction The epitome of United Nations is the protection of citizen s rights from arbitrary inference from government and military bodies. Thus, the question of ensuring legal protection against arbitrary arrest is indeed a pertinent issue for the General Assembly to consider. Despite it being one of the most basic human rights, the right to security of the person and freedom from arbitrary arrest, it is also unfortunately, one of the most frequently violated. Whilst legal boundaries safeguarding against the arbitrary arrest or detention of individuals are supposedly in place and in no shortage of honouring the issue, the most important issue at hand is how the United Nations and other cooperating bodies can ensure that such protections are actually enforced. Arbitrary arrest is often the culmination of individuals either exercising one of their fundamental rights guaranteed under international treaties such as the Universal Declaration of Human Rights, being unable to benefit from the fundamental guarantees of the right to a fair trial or being imprisoned without an arrest warrant and finally, arbitrary detention, in the case of many seeking asylum. From the perspective of the United Nations General Assembly, the contentious issue of arbitrary arrest is one that needs to be viewed from an international perspective, rather than simply focusing on domestic policy. In discussion of ensuring legal protection against arbitrary arrest, one of the most important items for the United Nations to discuss is to ensure that the basic human rights associated with arbitrary arrest and due process are upheld and that thus, no person will be subjected to a violation of the basic liberties that they are supposedly guaranteed by the Universal Declaration of Human Rights. MYMUN Research Report Page 1 of 6

2 Definition of Key Terms Arbitrary arrest The arrest or detention of an individual in a case where there is no evidence of a crime being committed, or in which there has been no proper due process of law. Due process A fundamental, constitutional guarantee of fair treatment through the judicial process, which in particular, protects the citizen s entitlement to a notice of a charge and a hearing before an impartial judge Legal protection A legal or other formal measure by governments intended to preserve civil liberties and rights of citizens. Background Information Understanding of arbitrary arrest In order to safeguard against arbitrary arrest, it is first presumably necessary to understand the boundaries of its definition. According to United Nations Commission on Human Rights resolution 1997/50, the deprivation of liberty is not considered arbitrary if it is the result from a final decision, such as one taken by a domestic judicial instance in accordance with domestic law or international human rights standards set in the Universal Declaration of Human Rights. Protection against arbitrary detention under laws Multiple international statutes guarantee protection for citizens against arbitrary arrest and detention as a basic right around the world. Although the number and strength of these laws is rarely in dispute, it is often difficult to enforce and execute these laws and ensure the safety of citizens, especially those in unstable territories. Universal Declaration of Human Rights The Universal Declaration of Human Rights is a widely recognized document around the world that offers guidelines to human rights at the very least, if not legal protection. The right to be free from arbitrary arrest or detention is one that is enshrined most prominently by the Universal Declaration of Human Rights, Article 9 of which states that No one shall be subjected to arbitrary arrest, detention or exile. Additionally, Articles 10 and 11 also support the individuals MYMUN Research Report Page 2 of 6

3 rights stating Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him and Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense, respectively. International Covenant on Civil and Political Rights Multiple supplementary charters also protect this right, including the International Covenant on Civil and Political Rights, Articles 9 and 11 of which state No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law and No one shall be imprisoned merely on the ground of inability to fulfill a contractual obligation, respectively. Compelling stronger enforcement of legal protections Any solutions on the issue should focus on insight regarding methods of empowering the United Nations in regulating human rights violations. Possible solutions cited in resolutions will need to be carefully tailored to ensure that the United Nations is given the necessary authority and resources to pursue the violations of human rights, but at the same time, not intrude on a nation s sovereignty. Basic solutions may begin with international pressure on offending countries for domestic government intervention into police and judiciary malpractice. However, solutions to this issue greatly vary on a broad spectrum and should be further explored. MYMUN Research Report Page 3 of 6

4 Timeline of Events This timeline is an indication of the history of United Nations efforts to rectify human rights issues in regards to arbitrary detention, as well as various violations and findings by human rights bodies over time. Date December 10, 1948 September 3, March 15, May, 2013 Description of event The United Nations adopts the Universal Declaration of Human Rights, offering additional protection from arbitrary arrest and detention The Convention for the Protection of Human Rights and Fundamental Freedoms is created, with the intention of protecting human rights and fundamental freedoms The United Nations establishes a Working Group on Arbitrary Detention, which submits individual cases to the government concerned in order to assist victims of arbitrary arrest and their parents by The United Nations Human Rights Council is established to replace the Human Rights Commission, with one of the main changes being the introduction of a Universal Periodic Review (UPR) mechanism with regard to human rights in all countries Democracy and human rights under siege in Zimbabwe, where some students are even arrested for peacefully protesting on the street Human Rights Watch report identifies that Human rights conditions in Iraq remain poor, particularly for detainees, journalists, activists, and women and girls. Security forces continued to arbitrarily detain and torture detainees, holding some of them outside the custody of the Justice Ministry. Human Rights Watch finds evidence of torture, arbitrary detention found in Syria government centers MYMUN Research Report Page 4 of 6

5 UN Involvement, Relevant Resolutions, Treaties and Events Universal Declaration of Human Rights, 10 December 1948 (A/RES/3/127A) International Covenant on Economic, Social and Cultural Rights, International Covenant on Civil and Political Rights and Optional Protocol to the International Covenant on Civil and Political Rights, 10 December 1966 (A/RES/21/2200) Question of arbitrary detention, 15 April 1997 (E/CN.4/RES/1997/50) Arbitrary detention, 6 October 2010 (A/HRC/RES/15/18) Protection of Migrants, 20 December 2012 (A/RES/67/172) MYMUN Research Report Page 5 of 6

6 Bibliography "68/179. Protection of Migrants." OHCHR. Web. 21 Jan < "A/RES/21/ International Covenant on Economic, Social and Cultural Rights, International Covenant on Civil and Political Rights and Optional Protocol to the International Covenant on Civil and Political Rights - UN Documents: Gathering a Body of Glob." UN Documents. Web. 21 Jan < "Claiming Human Rights." Political and Civil Rights (CCPR). Web. 19 Jan < "Due Process." Cornell University Law School. Web. 19 Jan < "Fact Sheet No. 26, The Working Group on Arbitrary Detention." OHCHR. Web. 21 Jan < "GA Resolution 67/172: Protection of Migrants." ESCAP. Web. 21 Jan < "Human Rights Documents." Human Rights Documents. Web. 21 Jan < Marcoux, Laurent. "Protection from Arbitrary Arrest and Detention Under International Law." Boston College International and Comparative Law Review. Web. 21 Jan < "Protection." Legal Dictionary The Free Dictionary. Web. 21 Jan < "Question of Arbitrary Detention." Refworld. Web. 21 Jan < MYMUN Research Report Page 6 of 6