Tag - derogation ( 1 )

News | UN experts urge Turkey to adhere to its human rights obligations even in time of declared emergency

Aug 19 2016

GENEVA – A group of United Nations human rights experts, including Maina Kiai, urged today the Turkish Government to uphold its obligations under international human rights law, even in the current time of declared emergency following an attempted coup. The experts’ call comes as Turkey’s invocation of Article 4 of the International Covenant on Civil and Political Rights (ICCPR) enters into effect, following the Government’s proclamation of a state of emergency. The derogation provision in Article 4 allows States to temporarily relax some of their obligations under the Covenant under certain narrow conditions. Turkey signed the ICCPR in 2000 and ratified it in 2003. “The invocation of Article 4 is lawful only if there is a threat to the life of the nation, a condition that arguably is not met in this case”, the experts noted. “Even in situations that meet this high threshold, Article 4 establishes limits to how much a state may deviate from its obligations under the Covenant”, they added. “One cannot avoid, even in times of emergency, obligations to protect the right to life, prohibit torture, adhere to fundamental elements of due process and non-discrimination, and protect everyone’s right to belief and opinion,” the experts underscored. “The derogation provision... Continue reading →