Study Notes on Human Rights Violations

Ministry of Foreign Affairs of the Russian Federation White Paper

OF THE WESTERN STATES' VIOLATIONS OF HUMAN RIGHTS STANDARDS UNDER THE PRETEXT OF COMBATING TERRORISM AND OTHER CRIMINAL THREATS AND CHALLENGES

Moscow 2019

TABLE OF CONTENTS

• Chapter 1. Violation of the Right to Life

• Chapter 2. Torture, Violation of the Right to a Fair Trial

• Chapter 3. Ethnic or Religious Discrimination

• Chapter 4. Violation of the Right to Respect for Private and Family Life

• Chapter 5. Violation of the Right of Freedom of Expression. Restrictions on Freedom of the Media. Censorship

Chapter 1. Violation of the Right to Life

• Universal Declaration of Human Rights (1948)
    - Article 3. Everyone has the right to life, liberty and security of person.

• International Covenant on Civil and Political Rights (1966)
    - Article 6. Everyone has the inherent right to life. This right shall be protected by law. No one should be arbitrarily deprived of his or her life.

Killings of Civilians in Afghanistan

• The North Atlantic Alliance (NATO) conducted operations aimed at eliminating Taliban leaders.

• Der Spiegel reported that deadly air strikes led to numerous civilian casualties, with examples including:
    - 2412 civilians killed in Afghanistan in 2009, one-third as a result of NATO and ISAF actions.
    - Approximately 15 operations against the Taliban per night.

• General D. Petraeus reported killing 365 warlords in three months in 2010 (approx. four per day).

• Civilians were often killed indiscriminately; individuals merely identified by name could lead to air strikes.

Killings of Civilians by Anti-Government Groups in Syria

• A Norwegian military-trained group in Syria reported human rights violations, including the ill-treatment of detainees.

• In a notable instance, a group killed a man and his son in a refugee camp, prompting internal criticism in Norway for a lack of transparency about military actions.

Chapter 2: Torture, Violation of the Right to a Fair Trial

• Universal Declaration of Human Rights (1948)
    - Article 5. No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment.
    - Article 8. Everyone has the right to an effective remedy by competent national tribunals for acts violating fundamental rights.

• International Covenant on Civil and Political Rights (1966)
    - Article 2: Each State Party undertakes to provide effective remedies for any violations of rights.
    - Article 7. Prohibition of torture or cruel, inhuman or degrading treatment.

Illegal Methods of Obtaining Information by CIA Officers

• November 2018 CIA Declassification: Secret materials revealed illegal interrogation techniques against Al-Qaeda suspects:
    - Techniques involved physical and psychological coercion:
      - Sensory deprivation
      - Sleep deprivation
      - Overuse of noise
      - Immobility of suspects.
    - Imitation of drowning was highlighted as an effective method despite being classified as psychological torture.

Conditions of Terrorist Prisoners in CIA Prisons

• The European Court of Human Rights (ECtHR) ruled against Lithuania and Romania for involvement in CIA practices.

• Violations of multiple articles of the ECHR, including torture and fair trial rights were acknowledged.

• Compensation of 100,000 euros was awarded, with mandates for thorough investigations.

Chapter 3: Ethnic or Religious Discrimination

• Universal Declaration of Human Rights (1948)
    - Article 7. All are equal before the law; entitled to protection against any discrimination.

• International Covenant on Civil and Political Rights (1966)
    - Article 26. Prohibits discrimination on any ground.

• FBI Post-9/11 Operations:
    - The weakening of control mechanisms led to abuses in monitoring racial, religious, and political groups, particularly targeting Muslims and political activists, under policies allowing investigative assessments without probable cause.

Counter-Terrorism Measures in Belgium and Denmark

• Belgium proposed revoking nationality for individuals involved in terrorism, targeting the double nationality of the offenders.

• Denmark's CSC Danmark worked closely with the NSA, using databases from multiple government entities.

Chapter 4: Violation of the Right to Respect for Private and Family Life

• International Covenant on Civil and Political Rights (1966)
    - Article 17. Prohibits arbitrary or unlawful interference with privacy, family, home, or correspondence.

• U.S. Data Collection Programs:
    - NSA and CIA Practices: Interception and collection of data under the guise of counter-terrorism.
      - Over 500 million contact lists collected annually, with significant metadata collection on both foreign and U.S. citizens.
      - Collection legality was questioned with no oversight.

Chapter 5: Violation of the Right of Freedom of Expression. Restrictions on Freedom of the Media. Censorship

• Universal Declaration of Human Rights (1948)
    - Article 19. Right to freedom of opinion and expression without interference.

• Counter-Terrorism and Border Security Bill in the UK:
    - Could criminalize lawful behavior of journalists and limit academic freedom of inquiry.

• Germany's Social Media Law:
    - Imposes penalties on platforms for not controlling extremist content, raising concerns of overreach and censorship.

• French Legislative Actions:
    - New laws were adopted allowing the suspension of media activities and imposing responsibilities on IT companies regarding disinformation, criticized for potential political censorship.