Martin Scheinin

Martin Scheinin

Martin Scheinin in 2009
United Nations Special Rapporteur on Counter Terrorism and Human Rights
In office
2005–2011
Preceded by Post created
Succeeded by Ben Emmerson
Personal details
Born (1954-11-04)November 4, 1954
Helsinki, Finland
Nationality Finnish
Residence Florence, Italy
Education University of Turku, Finland
University of Helsinki, Finland
Occupation Professor of Public International Law, European University Institute, Florence, Italy

Martin Scheinin (born 4 November 1954) was the first United Nations Special Rapporteur on human rights and counter-terrorism in 2005-2011.[1] He was selected for this position after serving for eight years (1997-2004) as member of the United Nations Human Rights Committee, the independent expert body monitoring states' compliance with the International Covenant on Civil and Political Rights. While on the Committee, he was known as a defendant of the rights of minorities and indigenous peoples and opponent of capital punishment, as well as the drafter of the Committee's General Comment No. 29 on states of emergency.

Today he is a Professor of Public International Law at the European University Institute in Florence, Italy, and an expert of international law, human rights and constitutional law. In December 2010 Scheinin was elected President of the International Association of Constitutional Law.

Biography

Scheinin was born on 4 November 1954 in Helsinki, Finland to an accomplished upper middle class family. His father was Jewish dentistry researcher Arje Scheinin. His mother is unknown. Although Scheinin received a Lutheran upbringing, his father's ancestry made him read books on the Holocaust and thus he became interested in human rights.[2]

In Kaleva's interview he claims that he became interested in civil rights partly because of his background as a peace activist, and partly because of his work for the parliamentary faction of Finnish People's Democratic League.[2] He was active in the 1970s student radicalism and a key figure in the Marxist-Leninist Turun Akateeminen Sosialistiseura (Academic Socialist Association of Turku).[3] In 1981 he was elected a member of the Central Committee of the Communist Party of Finland,[4] then part of the Finnish People's Democratic League. He left party politics in the 1980s and has since focused entirely in his academic career.[5][6]

Scheinin studied biology for some time, but then switched his major to Law, orienting himself to constitutional questions. He received his law degrees at the Universities of Turku (LL.M. 1982, LL.L. 1987) and Helsinki (J.D. 1991).[7] Scheinin's doctoral dissertation was titled "Ihmisoikeudet Suomen oikeudessa" (Human Rights in the Legal System of Finland). He was active in Suomen Demokraattiset Lakimiehet (Democratic Lawyers of Finland) and became the association's chairperson in 1989.[8]

In an interview by world affairs magazine Kumppani (now Maailman Kuvalehti), Scheinin considers his greatest achievement his contributions to the suspension of capital punishment in Russia. His group's next goal is the abolition of capital punishment in China.[6]

Scheinin has defended Sami people's rights against mining and forestry activities in Angeli, Finland since the 1990s. He states that aboriginal people's rights are close to his heart.[6]

Scheinin was rewarded Amnesty International Finland's Candle Prize in 2011 for his long-term work for human rights, and more specifically for his work as a UN Special Rapporteur on human rights and counter-terrorism in 2005-2011.[9]

Scheinin is married with two children.

Academic career

Scheinin received his doctorate in law from the University of Helsinki in 1991.[10] Scheinin was professor of law for fifteen years in Finland, first at the University of Helsinki (1993-1998) and then at Åbo Akademi University (1998-2008) where he was also the Director of the Institute for Human Rights, before moving to Florence in 2008 to take up office as Professor of Public International Law at the European University Institute.[10][11]

At the European University Institute, Scheinin's areas of research and supervision include public international law, human rights law, international criminal law, comparative constitutional law and anti-terrorism legislation. He is the Coordinator of the FP7-research project SURVEILLE (Surveillance: Ethical Issues, Legal Limitations, and Efficiency), and was earlier the Work Package leader in the research project DETECTER (Detection Technologies, Terrorism, Ethics, and Human Rights) under the European Union Framework 7 Security Programme,.[12] He is also the coordinator of the research strand GLOTHRO (Beyond Territoriality: Globalisation and Transnational Human Rights Obligations) within the EUI Global Governance Programme.[13]

His professional experience also includes working for the Parliament of Finland, the Finnish Ministry of Justice and three governmental commissions that drafted amendments to the Finnish Constitution, including the 1995 fundamental rights reform.[11] He has taught courses on human rights or counter-terrorism in many parts of the world, including at the University of Melbourne,[14] University of Pretoria,[15] and the University of Toronto, and for professional target groups such as judges, lawyers or prosecutors in Egypt, Latvia, and the Russian Federation.

In December 2010 Scheinin was elected President of the International Association of Constitutional Law.[16]

Work with the UN

Scheinin has worked with the UN on human rights issues since 1997, first as a member of the United Nations Human Rights Committee, and from 2005 until 2011 as Special Rapporteur on human rights and counter-terrorism.[10]

Special Rapporteur

In April 2005, the UN Commission on Human Rights appointed "a special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism".[1] This was initially a three-year appointment, to end in 2008, but was later extended by three more years, to end in 2011.

As Special Rapporteur on human rights and counter-terrorism, Scheinin reported annually both to the United Nations General Assembly and the United Nations Human Rights Council. His reports have covered themes such as definitions of terrorism, the right to fair trial in terrorism cases, the impact of counter-terrorism measures on economic, social and cultural rights, the right to privacy in the age of counter-terrorism, the role of intelligence agencies and their oversight in counter-terrorism, and the identification of best practice in combating terrorism in full compliance with human rights.

Some of the reports have been commended by governments, such as those related to discriminatory profiling or the right to privacy in the context of counter-terrorism. On some other occasions, certain governments have been highly critical about the reports, such as Scheinin's analysis of the [gender] impact of counter-terrorism measures [17] and his proposals of a total reform of the terrorist listing by the United Nations Security Council.[18]

As Special Rapporteur, Scheinin was a member of the United Nations Counter-Terrorism Implementation Task Force (CTITF) and has conducted a number of country visits to assess the counter-terrorism law and practice of countries such as Turkey, South Africa, United States, Israel, Spain, Egypt, Tunisia and Peru. As part of the country missions, he visited prisons and observed terrorism trials, such as the Military Commission hearings in the Hamdan case in Guantanamo Bay [19] and the Jose Padilla and Ahmed Ghailani trials in the United States. The country visits have often resulted in concrete improvements, such as the repeal of a contested Presidential Decree in Peru immediately after the visit in September 2010.[20] As Special Rapporteurs can visit a country only upon the invitation of its government, Scheinin has not been able to obtain access to countries such as Pakistan, the Philippines, or the Russian Federation.

Scheinin's mandate as Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism ended on 31 July 2011. He was succeeded by Ben Emmerson, Q.C. (United Kingdom of Great Britain and Northern Ireland), who assumed this mandate on 1 August 2011.

References

  1. 1 2 OHCHR. "Special Rapporteur on the promotion and protection of human rights while countering terrorism".
  2. 1 2 "Kohti syviä vesiä". Kaleva.fi. Retrieved 2016-02-23.
  3. ↑ "Turun Sanomat". 2007-09-30. Archived from the original on 30 September 2007. Retrieved 2016-02-23.
  4. ↑ SKP/Savon Sana, 1981. Kuopio: Savon Sana Kustannus. 1981.
  5. ↑ "Turun Sanomat". 2007-09-30. Archived from the original on 30 September 2007. Retrieved 2016-02-23.
  6. 1 2 3 "Työpaikkana maailma | Kepa.fi". www.kepa.fi. Retrieved 2016-02-23.
  7. ↑ "Curriculum Vitae: Martin Scheinin" (PDF). Retrieved 23 February 2016.
  8. ↑ Fredman, Markku (Last edit 5.2.2008). "Demla r.y. - vähän yli 50 vuotta" (PDF). Oikeus-lehti 4/2015: 36. Check date values in: |date= (help)
  9. ↑ "Martin Scheinin palkitaan työstä ihmisoikeuksien puolesta". Yle Uutiset. Retrieved 2016-02-23.
  10. 1 2 3 EUI. "Curriculum Vitae: Martin Scheinin" (PDF).
  11. 1 2 EUI. "Martin Scheinin".
  12. ↑ University of Birmingham. "Detection Technologies, Terrorism, Ethics, and Human Rights".
  13. ↑ EUI. "Beyond Territoriality: Globalisation and Transnational Human Rights Obligations (GLOTHRO)".
  14. ↑ University of Melbourne. "Professor Martin Scheinin, Senior Fellow (The Melbourne Law Masters)".
  15. ↑ Center for Human Rights, University of Pretoria. "Lecturers)".
  16. ↑ IACL. "Executive Committee of the IACL 2011-2014".
  17. ↑ Justus Eisfeld. "Report of the Discussion of the Scheinin report on gender aspects in Human Rights and countering terrorism" (PDF).
  18. ↑ Radio Free Europe. "UN Expert Says Security Council Counterterrorism Measures Anti-Human Rights".
  19. ↑ USA Today (12 December 2007). "UN expert: Guantanamo hearings unfair".
  20. ↑ IPS. "Peru: Gov't Backs Down on Law Letting Rights Violators Off Hook".

External links

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