PART I
3
HUMAN RIGHTS VIOLATIONS BY
THE STATE AND OTHER ENTITIES
Violations of individual human rights by separatist entities in de facto control of a
portion of the territory of a country;
Abuses by armed rebel groups or by paramilitary groups, including executions, detention of civilians, or evictions of communities.
In most instances, individual complaints received by OSCE missions allege violation of
human rights by the government. In some cases, however, individuals may lodge complaints of violations by non-government actors; these, by their nature, are often harder to
pursue effectively.
In order to identify a violation of human dimension commitments, it is necessary to:
Identify which commitment is applicable; and
Determine whether a violation has taken place.
In times of armed conflicts or public emergency of a serious nature, a state may temporarily restrict the exercise of certain rights but only to the extent that is absolutely necessary
under the prevailing circumstances. If a state of public emergency is declared in the OSCE
area, the state concerned must immediately inform the ODIHR.16 It is important to note
that some rights are “non-derogable” and cannot be limited under any circumstances, such
as torture and ill-treatment, prohibition against slavery, and prohibition of retroactive
penal laws.
16 Moscow 1991, Paragraph 28.10, and Helsinki 1992, Paragraph 5b.
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