A/HRC/39/54
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;
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 quasijudicial 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)
Reversibility of the measures;
(v)
Appropriate humanitarian exceptions;
(vi) A regular mechanism to monitor potential adverse impact and unintended
consequences of these measures; and
(vii) Availability of effective compensation/reparations (including financial) when
unwarranted adverse impacts on human rights have occurred.
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