No Amnesties for War Criminals amid Pandemic, UN Rapporteur Urges

The UN's special rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Fabian Salvioli, said on Wednesday that measures to protect against COVID-19 in overcrowded jails should not lead to amnesties or pardons being granted to people convicted of serious violations of human rights, crimes against humanity, genocide or war crimes.

"Existing international law prohibits the adoption of measures that create, de jure or de facto, impunity for persons convicted of such crimes," Salvioli said in a statement.

"Measures such as amnesties, pardons, exemptions from criminal liability, and benefits in the enforcement of sentences are null and void, and have no legal effect. Humanitarian pardons can only be granted in cases of terminal illness of imminent resolution," he added.

While countries have a duty to avoid overcrowding and ensure adequate sanitation and hygiene in detention facilities amid the pandemic, people convicted of offences like war crimes are usually kept away from mass contact for security reasons, which gives them an advantage in terms of health and safety, Salvioli noted.

If there is a persistent problem of overcrowding amid the ongoing health emergency, they should be relocated to other prisons, or put under temporary house arrest.

"However, the individuals must return to prison once the emergency situation has passed, to serve the remainder of their prison term," he added.