Essay Sample on International Law and Human Rights

Introduction

A human right treaty is an international agreement whichare binding binds obligations to protect and promote rights, freedom and liberty of individuals. After a State accepts a treatyies in forms of ratification or accession, it they automatically have binding bind obligations under treaties the agreement to eliminate human rights violation and to guarantee that individuals' rights who live in of those living in State will be protected in favor of international commitment. and Also, their due process of law will be no more less than the minimum standard within their own jurisdictions. This is to It means that the State has the duty to of legislatinge domestic laws and enacting protective or preventativepreventive regulations so as to control unlawful activities that are subjected to human rights violation. As a result, in order to ensureit ensures international treaties are officially enforced in both legal and practical terms.From the given scenario, state's actions which were performed by the Gambian law enforcement agencies policemen and other relevant authorities can be regarded that there it as is a violation of fundamental principles of Human Rights in many different treaties. Considering The United Nation of Human Rights office of the High Commissioner established an accessible system that can be used to monitor the implementation of Human Rights treaties. There, individuals can lodge a complaint against the State party and that claims their rights under treaty as being are violated to treaty body in order to receive remedy or the regulation of state's liability.In relation to International Covenant and Political Rights (ICCPR), the paper will illustrates mainly on the State' activities including the legal advice, admissibility criteria and merits.this paper, the author will illustrate mainly State' activities in relation to International Covenant and Political Rights (ICCPR) in part of legal advice, admissibility criteria and merits.

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Legal Advice on Submission a Case to UN Human Rights Committee

According to procedural mechanism, the system allows an individual to lodge a case to a communication.The complaint ant should consistsconsist of unlawful or convicted activities through which the by States association should see it as with a violation of international treaty and one requiring with specification of certain protective rights. They have to provide some explanation in detail regarding steps that they have already taken and fulfilled in exhaustive domestic remedies. This must be available in state party, and in particular in to local domestic courts until supremeand courtSupreme Court. if it is possibleIf possible, it should be known to and relevant national authorities, including referring specific treaty that have already been forced after violations.

Based on the stated Regarding the scenario, the Gambian policemen's actions violated against many fundamental principles of Human Rights in ICCPR. At first, they considered It can firstly consider about a peaceful rally which whose aim was to promote campaign of the elimination of oppressive tactics by the government against minority groups in Gambia. Due to the legitimate purpose of congregation and the absent of severity and forces, it they did not cannot concern it as unlawful political activity.In particularOften, individuals are entitled to generate peaceful assembly and express their own views towards political and administrative issues as stated under Article 21 and 19 of the Covenant. , that This is categorized as the fundamental of human right in the view of public expression and opinion presented by individuals' opinion in democratic constitution. For instances, Valentin v. Belarus, this case illustrates Belarus who are a member party of ICCPR, violated Article 19 and 21 because Belarus he refused to hold a picket and to present theiran expression on the political persecution that was not defined in domestic law. This was referred to refer as exceptional circumstances in the light of the necessity and proportionality as highlighted under Article 19(3). ThereforeConscequently, State had no legitimate grounds to refuse peaceful assembly as , Article 19 and 21 are had been violated.

The right to liberty and security is no doubt a secondly fundamental instrument that needs to be examined.This It has a direct relation to Article 19 and 21of the Covenant that previously considers that there is an acceptance in the existence of legitimate peaceful assembly and the freedom of expression of individuals without committing offences. For instance, the Since three individuals in Gambia that held a peacefully rally that promoted the protection of the minority protection and the abolishment of the governmental oppression,oppression; were not they are protected by Article 9; they have not to be subjected to arbitrary arrest or detention since they were protected by Article 9.Furthermore, ifHowever, if there are were no national and international laws that constitutconstitutee a peaceful congregation at the time of theiry actact, this could be considered is as a criminal offence, but for the three individuals they for this scenario are innocent and havehaving no guilty as stated under Article 15 of ICCPR. For instance,In the case of AbdelkaderBoudjema v. Algeria,Mahmoud Boudjema, he was arbitrary arrested without a warrant since there was absence of and the absent of credible information to support the legality of his detention and there , for example, nationalwas no national law that lawfully permitpermitted the state to detain individuals because of political rally.In comparing comparison with the previousthis situation, the three individuals were arrested without reasonable circumstances and having committed nocommitting criminal offences provided by laws to support legitimate detention., This shows Gambiathat Gambia together with the State violated Article 15 together with state failed for failure to protect liberty and security of for persons and their because of arbitrary arrest as stated in Article 9 of the Covenant.

Similarity

Similarly, the deprivation of the right to life in both international and domestic level is a violation of an individual's right.Owing to an effort to reduce and abolish the death penalty by treaties, states party can implement the death penalty in case of no other better means to control security within states. In recent timesRecently, some member parties annul the death penalty for domestic legislation with the maintenance being the most severe of as it can cause whole life imprisonment. MoreoverSignificantly, state havethe State has an essential positive obligation to protect the right to life.Comparing In such a fictitious scenario, they aretheir chargechargesd carries the a death penalty because of the accusation of terrorism, it is which is a breach of Article 6 of the Covenant. As From the previous explanation, the political assembly is legitimate under Article 19 and 21 of the Covenant. Theyits role is to managmanageed the assembly by ensuring an equal standard of treatment between the minority and the with the subject of minority protection and require for equal standard of treatment with majority in Gambia. Theis peaceful congregation cannot be examined termed as terrorists and is nottheir actions cannot be classified as one of completely illegitimate activity. Furthermore, Gambia has a commitment to protect minority rights with a fair treatment without discrimination in reasons of languages, ethnics, religious and culture as stated under Article 26 of the Covenant.For these reasons, their peaceful assembly is a mere a mean to increase awareness and to provide attention for minority. , thisSince this action is not terrorism, and the violation of the death penalty implementation is should not be an issue for this case. Thus, the three individuals are not the convicted persons, and as such, in turn, Gambia fails to oblige Article 6 of the Covenant and while the Statestate deprivedeprives liberty and disrespect to human dignity during detention in Article 10 of the Covenant.

Moreover, during detention, the fact illustrates that they had inadequate sanitation and even though most had get injury injuries, along with the denial ofthey were denied medical treatment. Regarding the prohibition of Irrespective of torture or other cruel inhuman and or degrading treatment or punishment during detention, the three individuals were pressured and forced by state authorities without being provided with providing medical facilities during investigation and detention without andexceptional circumstances and clauses. For instances, Shanta Neupane and Nisha Neupane v. Nepal, Nepalese policeman not only tortured Mr. Neupane during his detention, but also and enforced his disappearance together with while exacerbatinge fear and anxiety. This Such a treatment is a constitute s a of violation of Article 7 and it fails to respect human liberty and dignity as stated in Article 10.Hence, Gambian authorities bring about unlawful injury to the suspect during detention, thus state violate Article 7 and 10.

Due to the failure of legal assistance from a lawyer during detention, it this fact elucidates Gambia is as being incapable to followof following the minimum standard of equality to guarantee internee's rights for the serious crimes. during inquiryAt inquiry stage, individuals have the with the purpose of absolute rights to defend themselves from guilty and get, in particularproper legal assistance without payment and as well as access other facilities with like the subject to have a confession and while pointing out other useful information for tribunal stages without threats.Before In Y.M v.of Russian Federation, before going went to domestic courts procedure, Y.M.he requested one of the other lawyer to be his legal consultant., but However, Russia did not fulfill his request to allocate a lawyer before tribunal accession and since the State had restricted his rights to select and replace a lawyer without necessity and reasonable justification. In comparison to this scenario, Gambia did not find allocate legal advisor for the three individuals before entering to domestic court procedure and provided no reasons as to why.with providing no reasons. Thus, the three individuals can claim for a remedy since there was a for this violation in Article 14 (3)(d) apart from coercive action for confession further information and in Article 14 (3)(g).

Therefore, these convicted actions that were operated by Gambian authorities, directly affected many provisions of fundamental human rights protection in ICCPR., The three individuals are were entitled to lodge a case to UN Human Right Committee in order to receive certain amount of remedy from Gambia who violated international commitments. However, before submission in international level of dispute resolution, the complainant needs to fulfilfulfill compulsory criteria, in particular, exhaustive domestic remedy in every provision that relate to facts,infacts, in trial and administrative procedure.Otherwise, UN treaty bodies will reject to consider cases under the Optional Protocol of ICCPR.

A Draft of Admissibility of the Communication

Three The three individuals are were victims who were personally and directly affected by the act of authorities in Gambia. Since theyThey were not only were arrested and detained in charge of terrorism, but also especially they were tortured and forced to confess and so as provide information to that can fulfilfulfill investigation. Since the purpose of their assembly is was the prohibition of oppressive tactics by State against minority groups, they are mere agitators who managed to protest in Gambia, but should not becannot regarded as terrorismterrorists which iswho are the highest severity of cri...