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Sanctioned for human rights abuses, including “systematic and widespread sexual and gender-based violence”:

24/07/2024

The EU has designated 4 individuals and 2 entities under its Global Human Rights Sanctions Regime allegedly responsible for human rights abuses, including.

  • “Systematic and widespread sexual and gender-based violence”:

The sanctioned persons are:-

  1. Abdel Karim Mohammad Ibrahim,
    • Chief of staff of the Syrian Army;
  2. Ali Mahmoud Abbas,
    • Previous Minister of Defence of Syria and now Deputy Commander-in-Chief of the Syrian Army;
  3. Ri Chang Dae,
    • Minister of State Security of the DPRK;
  4. Evgeniy Sobolev,
    • Head of the “penitentiary service” installed by Moscow in occupied Kherson Ukraine;
  5. Kokorat San Ras,
    • A “gang” operating in Haiti; and
  6. Onsong County MSS Detention Centre,
    • A detention facility operating in DPRK.

At a glance

  1. In December 2020, the EU adopted Council Regulation (EU) 2020/1998 and Council Decision (CFSP) 2020/1999 to establish a new sanctions regime to address serious human rights abuses worldwide.
  2. In July 2020, the UK adopted the Global Human Rights Sanctions Regulations 2020  to deter and provide accountability for serious violation of certain human rights.
  3. In December 2017, the US adopted EO 13818 as the basis for its human rights (Global Magnitsky) sanctions regime.

Overview

UN Sanctions

  • The UN does not have a general human rights sanctions regime, but many of the country-specific regimes were established in response to human rights abuses.

EU Sanctions

In December 2020, the EU adopted Council Regulation (EU) 2020/1998 and Council Decision (CFSP) 2020/1999 to establish a new sanctions regime to address serious human rights abuses worldwide.

The EU designation criteria are individuals, entities, and bodies that are responsible for:

  1. Genocide, crimes against humanity, torture and other cruel, inhuman or degrading treatment or punishment, slavery, extrajudicial killings, enforced disappearances, arbitrary arrests or detentions.
  2. Widespread or systematic human trafficking, sexual and gender based violence, violations of peaceful assembly or association, of freedom of opinion / expression / religion / belief (insofar as the violations are of serious concern to EU foreign policy objectives).
  3. Provide financial, technical, or material support to, or are otherwise involved in the above acts, including by planning, directing, ordering, assisting, preparing, facilitating, or encouraging such acts.
  4. Are associated with people in categories (1) and (2) above.

UK Sanctions

In July 2020, the UK adopted the Global Human Rights Sanctions Regulations 2020  to deter and provide accountability for activities which if carried out by or on behalf of a State, would amount to a serious violation of certain human rights.

Individuals and entities can be designated where the Secretary of State has reasonable grounds to suspect that a person or entity is “involved in” a serious violation by or on behalf of a State of:

  1. The right to life;
  2. The right not to be subjected to torture or cruel or inhuman or degrading treatment; and
  3. The right to be free from slavery.

Being “involved” in a violation means someone who:

  1. Is responsible for or engages in such an activity;
  2. Facilitates, incites, promotes or provides support for such an activity;
  3. Conceals evidence of such an activity;
  4. Provides financial services, or makes available funds, economic resources, goods or technology, knowing or having reasonable cause to suspect that those financial services, funds, economic resources, goods or technology will or may contribute to such an activity;
  5. Provides financial services, or makes available funds, economic resources, goods or technology to a person responsible for or engaging in activity;
  6. Profits financially or obtains any other benefit from an activity;
  7. Is responsible for the investigation or prosecution of such an activity and intentionally or recklessly fails to fulfil that responsibility; or
  8. Contravenes, or assists with the contravention of, the prohibitions in the regulations (ie the asset freeze etc).

The Secretary of State can also designate persons owned or controlled by, acting on behalf of, or associated with the above people.

The Secretary of State must also think that designation is “appropriate” having regard to the purpose of the human rights regulations (which is to deter and provide accountability for human rights violations), and the likely significant effects of designation on that person.

US Sanctions

In December 2017, the US adopted EO 13818 as the basis for its human rights (and corruption) sanctions regime (Global Magnitsky), which imposes sanctions on any foreign person determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General to be responsible for or complicit in, or to have directly or indirectly engaged in, serious human rights abuse.

Current EU Sanctions

In December 2020, the EU adopted Council Regulation (EU) 2020/1998 and Council Decision (CFSP) 2020/1999 to establish a new sanctions regime to address serious human rights abuses worldwide.

The EU designation criteria are individuals, entities, and bodies that are responsible for:

  1. Genocide, crimes against humanity, torture and other cruel, inhuman or degrading treatment or punishment, slavery, extrajudicial killings, enforced disappearances, arbitrary arrests or detentions.
  2. Widespread or systematic human trafficking, sexual and gender based violence, violations of peaceful assembly or association, of freedom of opinion / expression / religion / belief (insofar as the violations are of serious concern to EU foreign policy objectives).
  3. Provide financial, technical, or material support to, or are otherwise involved in the above acts, including by planning, directing, ordering, assisting, preparing, facilitating, or encouraging such acts.
  4. Are associated with people in categories (1) and (2) above.

Read more

https://globalsanctions.co.uk/region/human-rights/#eu

SANCTIONS UNITED KINGDOM EU

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