A/HRC/42/46/Add.1
expressed in article 1 paragraph 2 of both ICCPR and ICESCR to the effect that: “In no case
may a people be deprived of its means of subsistence”;
(c)
There must be an end to the politicization of what was intended to be a purely
technical interbank international financial transfer mechanism, whose manipulation in the
form of selective exclusion is tantamount to re-introducing comprehensive sanctions on
targeted countries;
(d)
Mechanisms to guarantee due process, and the availability of judicial review
for obtaining remedies and redress for unilateral coercive measures, should be available to:
1.
Impacted groups whether the impact is intended or unintended (by
comprehensive or sectoral sanctions), and
2.
Individuals and legal persons and entities targeted (by targeted sanctions)
but found not to have been given a chance to benefit from due process.
The need for such mechanisms stems from a number of multilateral human rights instruments
such as the Universal Declaration of Human Rights (Articles 8 and 10), the International
Covenant on Civil and Political Rights (Articles 2 and 14 (1)), the Convention on the Rights
of the Child (Article 39), the International Convention on the Elimination of All Forms of
Racial Discrimination (Article 6) and the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (Article 14). Where it is found to prevail,
the lack of effective mechanisms for the judicial review of unilateral sanctions measures, and
remedies and redress for victims as appropriate, should be addressed without delay to the
extent that such situation amounts to a denial of justice.
(e)
The basic components of the requirement of due process in relation to
unilateral coercive measures, pending their total elimination, shall be the following:
(i)
Mechanisms and procedures for judicial review of unilateral coercive
measures:
1.
The factual and legal grounds for the measures have to be
disclosed to the concerned parties;
2.
The availability of, and the mechanisms and procedures for, a
right to appeal/judicial review, should be made known to the targeted
parties upon notification to the concerned parties;
3.
Such mechanisms and procedures should allow for a review of
the substantive factual and legal grounds for the unilateral coercive
measures, in accordance with international law and international
humanitarian law, as well as in compliance with internationally
recognized procedural standards;
4.
Such mechanisms and procedures should be in place and
available at the same level (either domestic or international [either
regional organization or the United Nations]) as the source of the
unilateral coercive measures concerned; in case of unavailability of
procedures for remedies at the domestic level or at the level of a group
of countries imposing sanctions, the targeted countries or persons
should be entitled to seek remedies by the Committee of the treaty body
concerned, i.e. CESCR or ICERD ;
5.
Such mechanisms and procedures should be of a judicial nature
or at least, for a transitional period, of the nature of an Ombudsperson
or other quasi-judicial mechanism.
(ii)
Notification of the measures to the parties concerned as soon as
practicable, without affecting the effectiveness of the measures;
(iii) Time-bound limitation of the measures, and biannual monitoring and
review;
(iv)
4
Reversibility of the measures;
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