NEW YORK – Increasing use of unilateral sanctions and penalties for alleged circumventions of such measures have created a protection gap, as sanctions-induced human rights violations often remain unaccounted for, without a shield against adverse humanitarian impacts, or a mechanism of responsibility and accountability, a UN expert said.
“Access to justice and to an effective remedy is extremely limited in sanctions environments. This becomes even more challenging in view of the multifaceted sanctions-induced restrictions, the lack of transparency in sanctions designation procedures, the low standards of proof and the severity of imposed penalties,” Alena Douhan, the Special Rapporteur on unilateral coercive measures and human rights, said in a to the UN General Assembly.
“Furthermore, the presumption of legitimacy of unilateral sanctions policies, the overbroad interpretation of sanctions-related restrictions, the rebuttable presumption of guilt, impediments in accessing legal assistance, as well as non-enforcement of judicial and arbitration decisions, further shrink possible avenues to appeal against such policies and to seek redress.”
The expert said none of the above tendencies is compatible with international law, including the presumption of innocence, which is a peremptory norm of international law. “States shall not shift the burden of proof to the individuals or entities targeted by unilateral sanctions. The burden of proof of illegality of acts or omissions of targeted entities or individuals lies with the states, and only if the existence of state jurisdiction is properly grounded.”
Douhan also raised concerns about the tightening of legal and policy frameworks concerning sanctions-related matters, including laws criminalising alleged circumvention of sanctions, which have added pressure on legal professionals and legal advice, thus adversely affecting legal representation and due process.
The expert called on states and regional organisations to abide by their international obligations when undertaking unilateral actions; to provide access to judicial protection of all human rights affected by unilateral sanctions and ensure the provision of effective and affordable legal assistance; to protect the free exercise of the legal profession in sanctions-related matters, in accordance with the international standards; and, to review and rescind any legislation that criminalises alleged circumvention of sanctions as contradicting fair trial and presumption of innocence standards.
