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BISMUN 2016 3rd Committee of the General Assembly (SOCHUM) Study Guide TOPIC AR

BISMUN 2016 3rd Committee of the General Assembly (SOCHUM) Study Guide TOPIC AREA A Political Prisoners and prisoners of Conscience with respect the the right to freedom of expression. TABLE OF CONTENTS 1. Welcoming Letter 2. Introduction 3. Political Prisoners 3.1 Definition and Criteria 3.1.1 Council of Europe 3.1.2 Amnesty International 3.2 The right to a fair trial 4. Prisoners of Conscience 5. The right to freedom of expression 5.1 Media Freedom 5.1.1 Protection of Journalists and Sources 6. Limitations to freedom of expression 6.1 Hate Speech 6.2 Political Extremism 6.3 Religious Radicalization 7. Introducing Examples 8. Conclusion 9. Points to consider during debate 10. Bibliography 1. WELCOMING LETTER Dear all, It is our great honor to welcome you all to the SOCHUM committee of BISMUN 2016. This year’s topics reflect some of the dominant concerns of the world society. It is our strong belief that equality and justice regarding human rights are the basis of the world’s peace and security and thus, they shall not be applied selectively to people. By choosing the controversial issue of political prisoners regarding their right to freedom of expression and the emerging issue of the increasing refugee flows, we hope to share our concerns, exchange ideas, have productive discussions, innovative outcomes, great experiences and finally provide a physical solution to issues that despite of various efforts, still remain unresolved. However, to achieve this, we ask from you a profound research upon the topics, a precise knowledge of your country’s position, a responsible presence into the committee and a sincere cooperation with all delegates. During your preparation and your participation in the conference, we remain at your disposal. Looking forward to meeting each and every one of you. Our voices are being heard, so give it your best shot. The Board of SOCHUM, Didili Zoi Dedousi Evangelia 2. INTRODUCTION The Social, Humanitarian and Cultural Affairs Committee as its definition indicates, has on the centre of its attention whatever concerning the human beings. The General Assembly allocates to the commonly referred to as the “Third Committee”. An important part of the work of the Committee focuses on the examination of human rights questions, including reports of the special procedures of the Human Rights Council which was established in 2006. Its agenda items relate to the advancement of women, the protection of children, indigenous issues, the treatment of refugees, the promotion of fundamental freedoms through the elimination of racism and racial discrimination, and the right to self- determination. The Committee also addresses important social development questions such as issues related to youth, family, aging, persons with disabilities, crime prevention, criminal justice, and international drug control. 3. POLITICAL PRISONERS 3.1 Definition and Criteria In an international legal nature, the concept of a “political prisoner” still remains undefined. In most times political prisoners consist of journalists, activists and government critics that have been punished either for their supporting their beliefs, or for revealing a non profitable for the government truth and who find themselves helpless before the law. In few words, the political leadership silences the government critics or those who are possible of creating the social riot, by imprisoning them or censoring them in order to sustain its supremacy. However, although it is an issue of a major significance, there is still a lack of any legal document that would provide the common legal basis to define the terms of political prisoner. Thus, even international courts avoid using this definition. From this issue derives the question “Who decides who is a political prisoner”? 3.1.1 The Council of Europe The need to provide a legal document that would define the term of “a political prisoner” came again to the agenda with regard to the accession of Armenia and Azerbaijan to the Council of Europe. The Parliamentary Assembly of the Council of Europe (PACE), in its Resolution 1900 (October 2012), was the first major intergovernmental organization that managed to set concrete criteria 1 to define a person as a political prisoner. These are the following: In Art. 3, the Assembly reaffirms its support for these criteria, summed up as follows: A person deprived of his or her personal liberty is to be regarded as a ‘political prisoner’: a. if the detention has been imposed in violation of one of the fundamental guarantees set out in the European Convention on Human Rights and its Protocols (ECHR), in particular freedom of thought, conscience and religion, freedom of expression and information, freedom of assembly and association; b. if the detention has been imposed for purely political reasons without connection to any offense; c. if, for political motives, the length of the detention or its conditions are clearly out of proportion to the offense the person has been found guilty of or is suspected of; d. if, for political motives, he or she is detained in a discriminatory manner as compared to other persons; or, e. if the detention is the result of proceedings which were clearly unfair and this appears to be connected with political motives of the authorities.” (SG/Inf(2001)34, paragraph 10). 1 The definition of political prisoner, Parliamentary Assembly Assembly.coe.int, (2016). Parliamentary Assembly's Documents. [online] Available at: http://assembly.coe.int/nw/xml/XRef/Xref-DocDetails- EN.asp?FileID=19150&lang=EN [Accessed 3 Jan. 2016]. In Art. 4 is stated who is not defined as a political prisoner. “ Those deprived of their personal liberty for terrorist crimes shall not be considered political prisoners if they have been prosecuted and sentenced for such crimes according to national legislation and the European Convention on Human Rights (ETS No. 5).” 3.1.2 The Amnesty International Based on its handbook2 on political prisoners, a political prisoner can be considered: a. a person accused or convicted of an ordinary crime carried out for political motives, such as murder or robbery carried out to support the objectives of an opposition group; b. a person accused or convicted of an ordinary crime committed in a political context, such as at a demonstration by a trade union or a peasants' organization; c. a member or suspected member of an armed opposition group who has been charged with treason or “subversion”. 3.2 The right to a fair trial The unfair imprisonment of people, the lack of independence of the judiciary, the torture while detention and the injustice before the law are facts that violate the fundamental rights of all human beings that are set in international and regional human rights treaties. The milestone of protection is the Universal Declaration of Human Rights (UDHR) where in Article 9 is stated that: 9. No one shall be subjected to arbitrary arrest, detention or exile. After the adoption of UDHR, the International Covenant on Civil and Political Rights (ICCPR)3 gave more detail upon this right and its protection, in Article 14. 2 Amnesty-volunteer.org, (2016). [online] Available at: http://www.amnesty- volunteer.org/aihandbook/ch3.html#Politicalprisoners [Accessed 3 Jan. 2016]. 3 See the exact content: Ohchr.org, (2016). International Covenant on Civil and Political Rights. [online] Available at: http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx [Accessed 4 Jan. 2016]. With regional treaties, in the African Charter on Human and People’s Rights (ACHPR)4 is stated inter alia the equality before the law (Art.3), the right to a fair trial (Art.7) and the duty for the independence of the Courts (Art.26). In the American Convention on Human Rights 5, is also stipulated inter alia, the right to juridical personality (Art.3), the right to a fair trial (Art.8) the freedom from ex post facto laws (Art.9) and the right to compensation (Art.10) In the European Charter on Human Rights6 as well and in the 7th Protocol to the Charter is underlined the right of appeal in criminal matters (Art.2) and the right not to be tried or punished twice (Art.4). 4. PRISONERS OF CONSCIENCE Amnesty International, since it is very early founding in 1961, it has been supporting human rights of prisoners of conscience (POC) which is a term that uses more widely than the one of political prisoners. Although POC fall within the "political prisoner" designation, they are defined more rigidly. According to AI the prisoners of conscience7 are: People who have been jailed because of their political, religious or other conscientiously-held beliefs, ethnic origin, sex, color, language, national or social origin, economic status, birth, 4 See the exact content: Achpr.org, (2016). African Charter on Human and Peoples' Rights / Legal Instruments / ACHPR. [online] Available at: http://www.achpr.org/instruments/achpr/#a7 [Accessed 4 Jan. 2016]. 5 See the exact content: Cidh.org, (2016). Basic Documents - American Convention. [online] Available at: http://www.cidh.org/Basicos/English/Basic3.American%20Convention.htm [Accessed 4 Jan. 2016]. 6 See the exact content: http://www.echr.coe.int/Documents/Convention_ENG.pdf 7 Amnesty International USA, (2016). Prisoners of Conscience. [online] Available at: http://www.amnestyusa.org/our-work/issues/prisoners-and-people-at-risk/prisoners-of-conscience [Accessed 30 Jan. 2016]. sexual orientation or other status, provided that they have neither used nor advocated violence. The article “The Forgotten Prisoners” 8 by Peter Benenson, published in The Observer (28 May 1961), launched the campaign “Appeal for Amnesty 1961” and first defined a “prisoner of conscience” Any person who is physically restrained (by imprisonment or otherwise) from expressing (in any form of words or symbols) any opinion which he honestly holds and which does not advocate or condone personal uploads/S4/ study-guide-sochum.pdf