Impact of Unilateral Sanctions on Access to Justice and to an Effective Remedy (04 March 2025, ROOM XXII - PALAIS DES NATIONS, GENEVA)
Background and purpose
This side event was organized at the initiative of the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, Professor Alena Douhan, on the margins of the 58th session of the UN Human Rights Council.
The design and enforcement of unilateral sanctions outside any judicial procedure, assessment or review, have severely undermined any efforts to challenge such measures and to seek redress and remedy for their adverse humanitarian impact and for any observed violation of international law. Violations of access to justice and to an effective remedy in the context of unilateral sanctions may include but not limited to violations of due process and fair trial guarantees; financial restrictions, which affect financial support and payment of legal fees; significant delays in the review and delisting processes; lack of transparency in sanctions designation procedures; restrictions in accessing information and evidence motivating sanctions designations; travel bans; and, absence of mutual recognition of judicial decisions, between sanctioning and sanctioned states.
The event built on the Special Rapporteur’s latest thematic report to the 79th session of the UN General Assembly and will feature legal professionals working and researching on sanctions-related cases and issues. The presentations and discussions will shed light on the various sanctions-induced challenges to due process and access to justice, as well as on impediments to the legal profession’s role and duties.
In line with HRC resolutions 27/21 and 54/15, the expected outcome of the side event, in the form of an evidence-based assessment and related recommendations, will assist the Special Rapporteur: i) to collect stakeholders’ experiences on the impact of unilateral sanctions and overcompliance on access to justice; ii) to enhance stakeholders’ knowledge about these issues; iii) to highlight specific areas for future work and advocacy.
Issues in focus
- Addressing specific due process and fair trial implications of unilateral sanctions and overcompliance
- Identifying and highlighting relevant laws and regulations in various sanctions regimes.
- Providing specific examples of sanctions-induced restrictions in legal representation and the performance and duties of the legal profession.
- Discussing specific challenges in the sanctions’ listing and delisting procedures.
- Reflecting on broader concerns about accountability and redress, and avenues to address them at the national, regional and international levels.
Modalities
The side event featured panel presentations by the invited experts, followed by Q&A session. It was held in English, both in person and online via ZOOM.
Speakers
- Prof. Alena Douhan, Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights
- Dr. Fátima Rodríguez, Partner, Lupicinio International Law Firm
- Mr. Michael Swainston KC, Barrister, Brick Court Chambers
- Mr. Alexey Anischenko, Partner, Anischenko Laptev
VIDEO of the side event
Contacts
Should you have any questions, please do not hesitate to contact us at:
Information about the SR and the Mandate
The Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights is part of the Special Procedures mechanism of the Human Rights Council. Special Rapporteurs are independent human rights experts mandated by the Council to report and provide advice from specific thematic or country-specific perspectives.
Information about the SR and the mandate
Sanctions Monitoring & Impact Assessment Tool (currently available online)
Special Rapporteur’s Thematic Reports
Special Rapporteur’s Country Visit Reports
Link access: Impact of Unilateral Sanctions on Access to Justice and to an Effective Remedy.