I.
Right to political participation and freedom of expression,
opinion and assembly
States may derogate from these freedoms in times of emergency that threaten the
life of the nation, provided that they follow the specific requirements pertaining to
declaration of the emergency. They also may limit these freedoms in the absence
of an emergency for specific reasons mentioned in each relevant human rights
treaty. There are, however, conditions that must be met as specified below.
United Nations
[E]ven on the assumption that there exists a situation of emergency in Uruguay,
the Human Rights Committee does not see what ground could be adduced to
support the contention that, in order to restore peace and order, it was necessary
to deprive all citizens, who as members of certain political groups had been
candidates in the elections of 1966 and 1971, of any political right for a period
as long as 15 years. This measure applies to everyone, without distinction as to
whether he sought to promote his political opinions by peaceful means or by
resorting to, or advocating the use of, violent means. The Government of
Uruguay has failed to show that the interdiction of any kind of political dissent
is required in order to deal with the alleged emergency situation and pave the
way back to political freedom.
[…]
The Human Rights Committee, acting under article 5(4) of the Optional
Protocol, is of the view that, by prohibiting the authors of the communication
from engaging in any kind of political activity for a period as long as 15 years,
the State party has unreasonably restricted their rights under article 25 of the
Covenant.
--Landinelli Silva v. Uruguay, Case No. 34/1978, Views adopted on 8 April
1981 (para. 8.4).
*****
In the case Kim v. Republic of Korea, the Human Rights Committee examined a
conviction under the “National Security Law” for expressing opinion sympathetic to
an “anti-State organization” linked with North Korea:
The Committee notes that the author was convicted for having read out and
distributed printed materials which were seen as coinciding with the policy
statements of the DPRK (North Korea), with which country the State party was
in a state of war. He was convicted by the courts on the basis of a finding that he
had done this with the intention of siding with the activities of the DPRK. The
Supreme Court held that the mere knowledge that the activity could be of
benefit to North Korea was sufficient to establish guilt. Even taking that matter
into account, the Committee has to consider whether the author’s political
speech and his distribution of political documents were of a nature to attract the
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