International Covenant on Civil and Political Rights https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights The International Covenant of Civil and Political Rights (ICCPR) Article 2, paragraph 3(a)and (b) provide that: 3.Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in official capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy... The Government should acknowledge the lack of remedies available to victims of discrimination and provide sufficient judicial and administrative avenues through which such victims can seek compensation. Therefore, victims of legal system abuse denied a fair and impartial administration of justice, should receive reparations without regard to applicable statutes of limitations or limiting provisions due to ineffective judicial/administrative remedies.
According to Article 8 of the Universal Declaration of Human Rights provide that: Everyone has the right to an effective remedy by the national tribunals for acts violating the fundamental rights granted to him by the constitution or by law.
July 16, 2020: Report of the Commission on Unalienable Rights @https://www.state.gov/wp-content/uploads/2020/07/Draft-Report-of-the-Commission-on-Unalienable-Rights.pdf
September 2021: World Forum Complaint[1574]
UNITED NATIONS SHAPES WORLD HUMAN RIGHTS JURISPRUDENCE UN Special N° 685 Juin · June • UN / ONU (archive.org)
Fifth, among the legal precepts developed by the Human Rights Committee, are the following:
- Governments are legally bound to take reasonable and appropriate measures to protect people within their jurisdiction or control.
- The law must strictly control and limit the circumstances in which a person may be deprived of his or her life by the authorities of the State.
- A State, by invoking the existence of exceptional circumstances cannot evade the obligations it has undertaken under international human rights law by ratifying the Covenant.
- A situation in which the functions and competences of the judiciary and the executive are not clearly distinguishable or where the executive is able to control or direct the judiciary is incompatible with the notion of an independent and impartial judiciary.
- Governments are under a legal obligation to ensure that remedies for violations are effective. Expedition and effectiveness are particularly important in the adjudication of cases involving torture.
- Where violations have taken place Governments must take measures to ensure that similar violations do not take place in the future.
- Governments should take specific and effective measures to prevent the disappearance of individuals and establish effective facilities and procedures to investigate thoroughly by an appropriate and impartial body, cases of missing and disappeared persons.
- Being subjected to incommunicado detention in an unknown location constitutes torture and cruel and inhuman treatment.
- Women and men are entitled to equal treatment in the application of laws.
Sixth, every lawyer, every judge, every public-spirited citizen, will want to consult this fascinating book; because it tells us what is legally right and legally wrong; how to judge our governments, our societies, our United Nations and ourselves. That is the singular merit of this landmark book for which the authors deserve our highest appreciation and our congratulations.
October 24, 2019: Reparations for victims of human rights violations are not optional, says a new report by UN expert Fabián Salvioli (Special Rapporteur) shall deal with situations in which there have been gross violations of human rights and serious violations of international humanitarian law: https://www.ohchr.org/EN/Issues/TruthJusticeReparation/Pages/Index.aspx
THE PLATFORM (#WeKnow) Habeas Corpus refiled a. We the People must unite to reclaim our birth rights and inherent dignity for our generation and our children to thrive. b. We the People must lay its foundation on the principles and organize its powers in such form as shall seem most likely to effort our Safety and Happiness. c. These principles and powers include “Clean Government,” “Clean Courts,” and “Clean Ecosystems.” d. Government employees are not “immune” from their civil or criminal violations of law; nor are these violations subject to “review” by their fraternity brethren in the next “tier” of civil courts; nor by their own self-policing oversight. e. To the contrary, as public servants, they have a higher fiduciary standard. f. Their civil offenses are subject to treble civil damages by jury trial. g. Their criminal offense to be investigated by Citizen Grand Juries h. We the People must adopt and ratify the international, universal laws of the United Nations to become a true international leader, to lead the world by actions, not by hypocrisy. i. Chapter II of U.N. Charter: Membership - Article 6 A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council. j. The United States is violating the Charter of the United Nations and the Humanitarian Laws of the Universe. k. We the People must demand that international agencies including the U.N. Human Rights Council, the U.N. Security Council and NATO comply with and enforce their own Charters and Conventions and enact enforcement provisions to ensure compliance by member states. l. A transparent Platform must be enacted, effectuated and enforced by We the People. m. To that end, an exchange of ideas is encouraged. FACT: America’s principle of non-discrimination, as well as that of equality before the law and equal protection before the law without discrimination, are firmly anchored in international human rights instruments and form the foundation of the rule of law. The Nürnberg principles influenced the development of human rights law, and in the second trial judges, police, guards, and ordinary people doing their "jobs" were held accountable. Jobs can't be criminal?
Retired UN independent expert Alfred-Maurice de Zayas: 12/11/20: My take on the US elections – interview to the Swiss-German journal “Zeitgeschehen im Fokus” – Alfred de Zayas' Human Rights Corner (wordpress.com): "In a democracy, the citizen must demand genuine policy choices and a right to shape that policy. Voting for corporate figureheads is not democracy. " 4/13/21 –Alfred de Zayas' Human Rights Corner (wordpress.com)“We live in the midst of fake news and fake law, in the midst of war crimes, crimes against humanity, genocide – and impunity, which thus far the United Nations and the mainstream media have tolerated..” 5/3/21:https://dezayasalfred.wordpress.com/author/alfreddezayas/ ...an international scandal of judicial misconduct, and breakdown of the rule of law in the US, UK, SWEDEN, and ECUADOR 7/ 17/21: Sputnik News: Ex-UN Expert: Canada Residential Schools Just Part of 400-Year-Long Cultural Genocide of Natives American Holocaust (Oxford 1992). Over several past decades some leaders issued an official apology to the natives, de Zayas notes, stressing that it’s not enough. “In 1993 Bill Clinton issued an official US apology to the Hawaiian natives – words without any effort at rehabilitation or compensation,” he says. “In 2009 Barack Obama issued an apology to the American ‘Indians’ – a tree fell in the forest and nobody heard it. The media gave it zero attention, and it is hard to find the document on the internet. It was the hypocritical gesture of a conqueror who wants to preserve the conquests – and not give anything back.” 9/11/21: New post on Alfred de Zayas' Human Rights Corner: Twenty years ago I read in the Guardian this perceptive op-ed by Seumas Milne Americans cannot ignore what their government does abroad: Special report: Terrorism in the US https://www.theguardian.com/politics/2001/sep/13/september11.britainand911 " How true it was then -- and now ! ...the US giant has rewritten the global financial and trading system in its own interest; ripped up a string of treaties it finds inconvenient; sent troops to every corner of the globe; bombed Afghanistan, Sudan, Yugoslavia and Iraq without troubling the United Nations; maintained a string of murderous embargos against recalcitrant regimes; and recklessly thrown its weight behind Israel's 34-year illegal military occupation of the West Bank and Gaza as the Palestinian intifada rages. But for every "terror network" that is rooted out, another will emerge - until the injustices and inequalities that produce them are addressed". Op-ed: Bush’s blackmail of ‘You are with us or against us’ failed the world – Alfred de Zayas' Human Rights Corner (wordpress.com) "The damage caused by 9/11 was not just the destruction of the World Trade Center, but much more the destruction of human lives in so many countries, the subversion of law, the hijacking of human rights to destroy human dignity. "Fake news" evolved into "fake law,"...After all, we tolerated our governments acting contrary to their commitments under the UN Charter because there was no transparency and no accountability. – and the destruction of language through Orwellian neologisms, these activities constitute geopolitical crimes that merit investigation and prosecution by the International Criminal Court as crimes against humanity under Article 7 of the Rome Statute". Probe all war crimes in Afghanistan, no exceptions - Asia Times