HIGHLIGHTS OF RESULTS
prosecute alleged perpetrators of serious violations
of international human rights law and international
humanitarian law, including sexual violence. As a result,
at least 132 soldiers from the armed forces, 45 police
agents and 21 members of militias or armed groups were
convicted for their involvement in human rights violations
or abuses. In Guatemala, sentences handed down by
judges and magistrates were based increasingly on
international human rights standards. This was particularly
evident in decisions regarding transitional justice,
indigenous peoples, women and the abusive application
of criminal charges against human rights defenders. For
example, in the emblematic Sepur Zarco Case, the Court
condemned two army officers for crimes against humanity
that were committed during the armed conflict in the form
of sexual violence, murder and enforced disappearance.
Moreover, a policy on access to justice for indigenous
peoples was approved by the Attorney General, which
subsequently created the position of Secretary for
Indigenous Peoples to ensure its implementation.
Ending torture and ill-treatment
In a number of countries, important legislative changes were adopted to prevent torture and ill-treatment.
In Georgia, the Parliament introduced amendments to
existing legislation, including severe punishment for
crimes of torture or inhuman treatment, the repeal of
the statute of limitations for these crimes, the identification of procedural guarantees for detained individuals and addressed gaps in legislation and bylaws that
enable law enforcement agencies to act arbitrarily,
thereby increasing the potential risk for ill-treatment.
In Nigeria, the Anti-Torture Act and the Compulsory
Treatment and Care for Victims of Gunshot Act were
approved. The former introduces comprehensive provisions for penalizing torture and related acts while the
latter prohibits use of any form of torture or inhuman
treatment by a public official.
Ending the death penalty
UN Human Rights continued to provide technical
assistance to, and sustained advocacy with, States
retaining the death penalty. The purpose was to encourage establishment of moratoria in accordance
with General Assembly resolution 67/176 and for the
implementation of international standards guaranteeing the protection of the rights of those facing the
death penalty. Several letters were sent by the High
Commissioner to governments currently applying the
death penalty, requesting stays of execution or commutations of the death sentences.
In Barbados, a two-day discussion was organized with
scholars, judges, lawyers and other experts on public
A young man’s appeal for justice after acquittal
In 2016, a 16-year-old construction worker named Paoskha
(not his real name) was arrested by the police in Cambodia.
After spending three days at the police station without being informed of the charges against him, he was taken to
court where he was told that he had been convicted in absentia. He was able to contest that judgment thanks to the
help of a court clerk who explained to him what a ‘default
judgment’ was and how to ask for a retrial.
family before the appeal hearing in order to gather sufficient evidence to uphold his acquittal. Through his family,
the lawyer discovered that Paoskha has a unique nickname and that his arrest was in fact a case of mistaken
identity. This information formed the basis of his defence.
During his initial detention, Paoskha was unaware of his
rights. He did not know that he had the right to be informed of the charges against him at the time of his arrest,
the right to be presumed innocent until proven guilty, the
right to be tried in his presence and to a legal defence, as
well as the right to communicate with his family.
Nearly one year after his arrest, the Court of Appeal acquitted Paoskha. Although administrative issues delayed his
release for another three weeks, the smile on his face when
he walked out of prison on 14 July 2017, expressed his relief
at finally being cleared of all charges and free to return to
his life. Nevertheless, the difficult year spent in prison had
significant consequences for him and for his relatives. He
was thankful to IBJ for explaining the legal process to his
family and for providing him with legal assistance.
Paoskha was represented by a court-appointed lawyer
and was acquitted at his new trial. However, the Prosecutor appealed the decision. In line with Cambodia’s criminal procedure, Paoskha had to remain in prison until the
appeal ruling. With support from UN Human Rights, the
legal aid organization International Bridges to Justice (IBJ)
took up his case. The IBJ lawyer met with Paoskha and his
Based on its monitoring work, its cooperation with the
justice system and its partnerships with legal aid organizations, UN Human Rights has identified numerous cases where fair trial rights and freedom from arbitrary detention were not adequately protected. It works closely
with judges, prosecutors, prisons and lawyers to ensure
the increased protection of these rights.
24
UN HUMAN RIGHTS REPORT 2017
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