A/HRC/39/23
47.
Individuals can bring complaints against a State party alleging a violation of treaty
rights to the relevant body monitoring the treaty, 106 however, this option has been rarely
used in relation to cases concerning the safety of journalists.
48.
In accordance with their mandate, special procedures receive information about
alleged human rights violations and they can intervene with Governments through
communications (urgent appeals and allegation letters). These remain confidential until
inclusion in the communications report submitted to sessions of the Human Rights Council.
However, in situations of grave concern, special procedures may issue a public statement
earlier.107 The communications report submitted to the Council’s thirty-seventh session108
detailed communications sent concerning the safety of journalists. 109 Examples of public
statements issued by special procedures relate to the shutting down of an independent
media outlet in the Philippines, 110 legal action by the Islamic Republic of Iran against
Persian staff working for the British Broadcasting Corporation and their families, 111 the
need for no impunity in Slovakia for recent killings of journalists, 112 a decision by the
Egyptian prosecutor to seek the death sentence against a photojournalist113 and the killing of
nine journalists covering an attack in Kabul. 114
49.
UNESCO has a complaints procedure 115 whereby certain individuals, groups of
individuals and non-governmental organizations, including journalists, can submit a
complaint to the UNESCO Committee on Conventions and Recommendations if they are
direct victims or have a sufficient connection to a violation of a right contained in the
Universal Declaration of Human Rights falling under the competence of UNESCO. 116
50.
In serious and urgent cases, the Inter-American Commission on Human Rights may,
on its own initiative or at the request of a party, request member States to adopt
precautionary measures in order to prevent irreparable harm to persons, or the subject
matter of the proceedings, in connection with a pending petition or case. The Commission
has issued multiple precautionary measures regarding the safety of journalists. 117 In May
2018, the Commission adopted resolution 3/2018, which contained measures to expedite
the processing of requests for precautionary measures.118
51.
The European Court of Human Rights adjudicates on individual or State
applications alleging violations of the civil and political rights contained in the European
Convention on Human Rights. For example, in 2018 in Ivashchenko v. Russia,119 the Court
ruled that Russian customs officers had violated the right to respect for the private and
106
107
108
109
110
111
112
113
114
115
116
117
118
119
14
See www.ohchr.org/EN/HRBodies/TBPetitions/Pages/IndividualCommunications.aspx.
See A/72/290, para. 48, for communications issued between 1 March 2015 and 30 April 2017.
See A/HRC/37/80, sect. III.
UA AZE 5/2017, OTH 28/2017, IRN 29/2017, JOR 3/2017, MLT 2/2017, MMR 7/2017, PAK
6/2017, MMR 4/2017, SOM 1/2017, MRT 1/2017, EGY 7/2017, SLV 3/2017, VEN 3/2017 and MEX
4/2017.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22610&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22314&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22753&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22807&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23021&LangID=E.
Under 104 EX/Decision 3.3. Available at http://portal.unesco.org/en/ev.phpURL_ID=15249&URL_DO=DO_TOPIC&URL_SECTION=201.html.
See www.claiminghumanrights.org/unesco_procedure.html.
PM 5/15 — José Moisés Sánchez Cerezo, Mexico; PM 458/14 — Members of Kaieteur News
Journal, Guyana; PM 336/14 — Gener Jhonathan Echeverry Ceballos and family, Colombia; PM
252/14 — Members of the Contralínea magazine, México; PM 115/11 — Journalists La Voz de
Zacate Grande, Honduras; PM 254-10 — Leiderman Ortiz Berrio, Colombia, PM 196-09,
Amplification — Journalists from Radio Progreso, Honduras; and PM 36-10 — Rodrigo Callejas
Bedoya and family, Colombia.
See www.oas.org/en/iachr/decisions/pdf/Resolution-3-18-en.pdf.
Application No. 61064/10, judgment of 13 February 2018.
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