Right to an effective remedy

By NHRI mandate

By topic

By country

Federal Institute for the Protection and Promotion of Human Rights

In its report to the UN Committee against Torture, the Federal Institute for the Protection and Promotion of Human Rights criticised the use of the concepts of “radicalism” and “radicalisation” by Belgian authorities to preventatively manage the threat of terrorism. It highlighted the increasing tendency to use vague and ill-defined concepts to justify a variety of actions. These include bans on working in certain sensitive areas, refusal to grant Belgian nationality, the closure of establishments by local authorities, refusing to issue a Belgian passport or travel document, revoking residence permits, and expelling foreigners from Belgian territory.

Protector of Citizens of the Republic of Serbia

The Protector of Citizens of the Republic of Serbia initiated changes to the Law on Public Order and Peace. These changes were presented in September 2021 at a meeting of the Working Group of the Government of the Republic of Serbia for Security and Protection of Journalists. The proposed amendments include misdemeanor sanctions for violence, threats and insults against individuals and journalists on the internet and social networks. When presenting its Annual Report to the Parliament in 2020, the NHRI also underlined the importance of regulation in the area which would stop and punish violence committed and threats and insults made on social networks.

Northern Ireland Human Rights Commission

In 2020 and 2021, journalists investigating organised crime and paramilitarism in Northern Ireland received death threats. For example, journalist Patricia Devlin received online threats, including towards her young son and graffiti featuring the crosshair of a gun next to her name. In September 2021, her complaint that the Police Service had failed to investigate the complaints or provide protection was upheld. In April 2021, a Belfast Telegraph photographer was attacked whilst covering unrest in Belfast.

The Northern Ireland Human Rights Commission (NIHRC) recommended that limitations of journalists’ freedom of expression must be human rights compliant. Information allegedly linking state agents to non-human rights compliant conduct should not be withheld and HRDs should not face intimidation or reprisals for disclosing such information. The NIHRC insisted that the right to a fair trial and effective remedy for journalists are fulfilled. Additionally, it recommends that journalists have effective protection to report on issues of public importance.

People’s Advocate of Albania

At the end of 2020, a young person was murdered by a state police employee. This caused nationwide protests lasting several days that demanded the responsible person be brought to justice. The People’s Advocate of Albania launched an investigation into police conduct when arresting journalists during these protests. Media reports documented several media actors being taken to police premises. The NHRI recommended that the police analyse the cases in terms of what constitutes lawful conduct of police officers when escorting individuals. It also recommended that the police guarantee the media’s right to cover protests; train police officers to improve their conduct towards media actors; avoid violating the rights of escorted persons; and establish special rules concerning the treatment of media actors. The police have followed up on the recommendations with concrete measures and actions addressing them.