US sanctions violate right to presumption of innocence, says human rights expert

“The United States has spent years imposing sanctions on individuals and entities without national criminal jurisdiction and in the absence of universal jurisdiction,” declares the UN Special Rapporteur* on the negative impact of unilateral coercive measures on the enjoyment of human rights.

“It is a clear violation of the right to procedural guaranteesincluding the presumption of innocence and the right to a fair trial,” says Alena Douhan, stressing that these rights are guaranteed by the International Covenant on Civil and Political Rights, which the United States has ratified and must fully implement.

“The sanctions are directed against individuals abroad for alleged activities outside the United Statesincluding activities that are legal where they occur“adds Douhan, who also points out that secondary sanctions occur when they are directed against foreign individuals and companies for their alleged interaction with penalized parties or for evading sanctions regimes.

Freedom of movement and property

The Special Rapporteur further noted that US sanctions typically bar entry to the United States and freeze any assets with a US connection, thus violating the rights to freedom of movement and not to be arbitrarily deprived of property.

“Fear of US sanctions has led many foreign companies and financial institutions to over-comply with them to reduce their risks. This only worsens the impact of sanctions on human rights,” says the expert.

Douhan explains that human rights are violated when US trade bans against certain countries penalize foreign companies for doing business.

“These policies affect labor rights, freedom of movement and the rights of people that may be associated with these companies,” he said, citing as an example the damage caused to individuals who depend on the goods or services of certain companies, including medicines and medical equipment.

Incompatibility with international standards

The expert questions the compatibility of this type of imposition of extraterritorial jurisdiction with international human rights standardsand invited stakeholders to reflect on its meaning in relation to the international principle of non-interference in internal affairs.

*The special rapporteurs are part of what is known as Special Procedures of the Human Rights Council, the largest body of independent experts in the UN human rights system. These are independent investigative and oversight mechanisms of the Council that address specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent of any government or organization and provide their services in an individual capacity.

**Alena Douhan is special rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights.