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Protection of Human Rights - Essay Example

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General Augusto Pinochet Ugarte of Chile was arrested in 1998 in London from a hospital on a Spanish warrant for having violated human rights during his dictatorship of seventeen years. With this event, a new door opened for the International Law, making the rulers and their henchmen liable to arrest and trial during or after their regimes…
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Protection of Human Rights Essay
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Download file to see previous pages This was a landmark happening in the arena of Human Rights as to a very large extent, it ended the immunity of a ruler against violation of Human Rights. Recent hanging of Saddam Hussein perhaps would have had the same effect, but for the flawed law procedures and blatant desire to hang him, irrespective of trial outcome.
"Since Human Rights violations are usually committed by state officials, agents or persons otherwise acting "under color" of State authority, State (or sovereign) thus imposes a significant constraint on the use of U.S. courts in civil suits concerning human rights violations committed abroad," http://www.jstor.org/view/00029300/di007418/00p0336n/0
Human Rights violation could be anything from discrimination to genocide, apartheid, holocaust torture, police encounter killings, or illegal executions of political opponents. In United States, The Homeland Security Enhancement Act of 2003 (HSEA) was opposed by Human Rights Watch, a non-governmental organisation committed to upholding human rights because "The CLEAR Act and HSEA require state and local jurisdictions to pass laws or otherwise authorize state and local police forces to investigate, apprehend, detain, or remove non-citizens for civil violations of U.S. immigration law" and if the State refuses to do so, it could be denied federal immigration funds and this was thought to be an extremely highhanded statement. This could lead to arbitrary and erroneous arrests, deportations, and disproportionate fines, unjust and arbitrary deprivations and could increase vulnerability of immigrant women and children to violence, blackmail and abuse. http://hrw.org/english/docs/2004/04/21/usdom8473.htm

According to Amnesty International, Turkey is going through human rights violation, as the government officials are routinely carrying out torture and execution not only of political opponents, but also of writers, artists, journalists, who have not adhered to the strict authoritarian rule. This has led to many deaths of suspects who were rounded up without any evidence or proof.

"Many allegations of extrajudicial execution have been made against members of Special Operations Teams. These are technically police officers under the authority of the Interior Ministry, heavily armed for close combat with the PKK. Special Operations Team members frequently accompany members of the paramilitary village guard force and gendarmes in security raids on villages. Regular army and air forces also participate in large operations in the southeast" http://www.amnesty.org/ailib/intcam/turkey/turkint.htm

Chile, apart from what happened during the dictatorship, has acknowledged the continuous legacy of torture by state officials as it remained a state policy, to some extent, even to this day. An unfortunate legacy to have; but the Presidential Commission confronted the Government with all evidences and proofs and everything was beyond even a modicum of doubt.

"The chief of the army, Gen. Juan Emilio Cheyre, anticipated the commission's report in a November 5 article in which he acknowledged for the first time the army's institutional responsibility for human rights violations. He pointed out that the context of ideological conflict and the Cold War might explain but could never justify human rights violations" http://hrw.org/english/docs/2004/11/29/chile9742.htm.

Despite this, Police and other armed forces have not been so forthright and ...Download file to see next pagesRead More
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