We human rights defenders can't let threats about the creation of lies stop us fighting for justice, democracy, political and civil rights. The right to reparation when violations of human rights hapenned is essential part of the justice demanded by the world. Since the creation of this blog in 2010, its counter of visualizations doesn't work and the same is happening with my YouTube channel since its creation in 2020. For no reason, I'm being harmed in so many ways and for so long. Why can I not have a YouTube channel and blog with their counter of visualizations working like everyone else? If you want to know my channel and see a small sample of the huge worldwide movement for justice, democracy and political rights, watch my videos, here is the link https://www.youtube.com/@lucianofietto4773/videos. Carry on with the same book from last week. This post is a summary of the book with the title above published at http://www.oas.org/en/iachr/reports/pdfs/criminalization2016.pdf
The Commission has received information that many of the criminal proceedings that are initiated against human rights defenders are slow or accelerated, in an unreasonable manner in order to hinder their work at a crucial time for the causes they defend and to intimidate them personally, which also has an intimidating effect that extends to other human rights defenders that could instill fear of suffering the same fate if they continue their work in defense of human rights. For example, some organizations have expressed their concern before the Commission over the speed with which arrest warrants and other measures to the detriment of human rights defenders are issued. In contrast, the processes opened to investigate acts of harassment committed against defenders, are often undertaken without celerity and procedural efficiency. The misuse of the criminal law against human rights defenders generates among them a number of negative impacts at a personal and collective level, affecting their physical health and generating effects at the family and social level. The Commission believes the condition of being a human rights defnder is particularly important whether a process has respected the guarantee of a reasonable timeframe, given the affection that occurs over time in the legal situation of the defender. Furthermore, the Commission has learned that defenders not only have been subjected to lengthy criminal proceedings based on criminal offenses contrary to the standards of international law but, in some cases, have also been charged with crimes based on false and fabricated evidence without the defenders having engaged in unlawful conduct. The Commission has noted that initiation of criminal proceedings against defenders implies, in some cases, issuing preventive measures such as remand, bail, the obligation to appear periodically before a court, and/or a ban on leaving the country. The Commission has also been informed that some countries have issued measures such as the inability to attend certain meetings or places. The main impact of criminalization through the misuse of criminal law is on the right to defend human rights. Criminalization not only affects the criminally prosecuted defender, who must invest time and resources in his procedural defense, neglecting his work, but also generates an intimidating and chilling effect on other defenders who for fear retaliation may refrain from doing their work of promoting and protecting human rights. This affects society as a whole, given that the defenders promote complaints, present claims and make demands at the social and collective level that contribute to the realization of the rule of law and democracy by combating impunity. The Commission has identified that some States have issued directives to guide the actions of justice operators and considers this a good practice to avoid misuse of criminal law gaginst human rights defenders. For example, in Colombia various types of guidelines have been adopted to guide the action of the Attorney General Office, making it more efficient and providing security to victims and the accused. Based on the information and analysis conducted by the Commission throughout this report, and in order to promote the full use of international standards to guide States on lines of action to address criminalization through the misuse of criminal law, the IACHR recommends to the American States: 1) To ensure that the authorities do not use the punitive power of the States to harass human rights defenders. States must adopt all necessary measures, through judicial investigations, to prevent HR defenders from being subjected to unjust or unfounded trials. 2) To adopt all necessary legislative, administrative and other measures to ensure the effective guarantee of the rights and freedoms enshrined in the American Convention and in particular, the right to defend rights. To achieve these objectives, the IACHR urges States to comply with the following specific recommendations: 3) Acknowledge publicly and unequivocally the fundamental role played by HR defenders to guarantee democracy and the rule of law in society, whose commitment is reflected in all levels of government. This can be achieved through special programs, the granting of awards, ceremonies, press releases or other measures that make visible the work of defenders and demonstrate their value and importance to society. 4) Undertake education and dissemination activities directed towards all States agents, society and the media, to sensitize them on the legitimacy of the work of promotion and defense of human rights, as well as the importance and value of the work of HR defenders and their organizations, as their actions do not weaken the States but strengthen it, taking into account for that the international instruments referred to this subject. 5) Instruct government authorities to ensure that, from the highest-level space for open dialogue with human rights organizations are created to receive their feedback regarding existing policies and the effect of such policies on their works, as well as on legislative gaps. 7) Refrain from making statements that stigmatize HR defenders and that suggest that defenders, as well as HR organizations, act illegally, merely for carrying out of their work to protect human rights. 8) Ensure that criminal offenses included in their legislation are formulated in a manner consistent with the principle of legality. That is, expressly, precisely, comprehensively with a clear definition of the criminalized conduct, establishing its elements and allowing it to be differentiated from behavior that are not punishable or punishable with non-penal measures. 10) Promote the modification of laws on criminal defamation to eliminate the use of criminal procedure to protect honor and reputation when information on matters of public interest, public officials, or candidates for public office is disseminated. 11) Decriminalize defamation and promote the modification of ambiguous or vague criminal laws disproportionately limiting freedom of expression, such as those designed to protect the honor of institutions, in order to eliminate the use of criminal proceedings yo inhibit the free democratic debate on all matters of public interest. 18) Ensure that any intelligence activity that is carried out, especially when a HR defender is involved or subject to the operation, has the proper prior authorization, with clear limits pre-established by law, and is performed under the supervision of other authorities who periodically issue reports on its activities. 22) To promote that judges strictly abide by the dispositions of criminal law, and observe the rigor in considering whether the behavior of the person incriminated falls within the description of the criminal offense, in order not to incur in the criminalization of the legitimate activities of HR defenders. Guarantee the right access to justice, which implies that anyone who is subjected to a judicial proceeding must be able to obtain a final decision from the courts without undue delays arising from the lack of diligence and care. 24) Faced with an abusive and baseless criminal complaint, investigate the individual responsible for promoting such complaint, in order to clarify the facts. 29) Ensure that the detention of HR defenders be brought before a judicial review in order to avoid arbitrary or unlawful detention. 30) Adopt the necessary steps to stop all illegal detentions, as well as the isolation, ill-treatment and other violations of due process that may arise in the context of the detention of a HR defender. 41) Implement campaigns for public recognition of the important role that defenders exercise in guaranteeing democracy and the rule of law in society. 43) Strengthen the justice mechanisms and guarantee the independence and impartiality of the judicial operators, which are necessary conditions for the legitimate and nondiscriminatory application of the laws.
