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Nepal: Moot Court Competition on Persons with Disabilities’ Rights

Art by Rashmi Amatya The ICJ held the first-ever intra-college moot court competition on the rights of persons with disabilities in collaboration with Nepal Law Campus and CBM Global Disability Inclusion.   Participants gathered in Kathmandu from 27-30 June to debate legal issues concerning problems faced by persons with print...

Switzerland: ICJ expresses concern over Parliament’s rejection of the European Court ruling

Switzerland: ICJ expresses concern over Parliament’s rejection of the European Court ruling

The ICJ is concerned by the declaratory and non-binding decision of the National Council, the Swiss Parliament’s lower chamber, on 12 June 2024, inviting the Federal Council, the Swiss Government, effectively to ignore the landmark ruling of the Grand Chamber of the European Court of Human Rights (ECtHR) in the case of Verein KlimaSeniorinnen Schweiz and Others v. Switzerland. Continue Reading Switzerland: ICJ expresses concern over Parliament’s rejection of the European Court ruling

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Lithuania: ICJ and partners intervene in a European Court of Human Rights case on immigration detention

Lithuania: ICJ and partners intervene in a European Court of Human Rights case on immigration detention

Today, the International Commission of Jurists (ICJ), the AIRE Centre (Advice on Individual Rights in Europe), the Dutch Council for Refugees (DCR), and the European Council on Refugees and Exiles (ECRE), submitted a third-party intervention to the European Court of Human Rights in the case S.M.H. v Lithuania, concerning the deprivation of liberty of an asylum seeker.

S.M.H., an Iraqi citizen, who entered Lithuania irregularly and sought asylum, was subsequently arrested and detained in various centres. The applicant claimed that his detention was not justified, lacking both  individualised assessment and effective legal assistance.

In its intervention, the ICJ and its partners focus on Article 5.1 and Article 5.4 of the European Convention of Human Rights (ECHR). In particular, the interveners analyse the requirements for lawful deprivation of liberty, the right to have the lawfulness of detention promptly examined by a Court, and the right to have effective legal assistance. The intervention considers both the EU and international law and standards related to deprivation of liberty and the right to an effective remedy against unlawful detention and material conditions of detention.

The key points of the intervention are as follows:

  • The interveners submit that under Article 5.1 detention must not be arbitrary, and be prescribed by law both substantively and procedurally. The intervention highlights that detention must be a measure of last resort, it should follow an individualised and exhaustive examination, and it may be imposed only when less strict measures cannot be effectively applied.
  • Regarding Article 5.4, the interveners clarify that an effective judicial review of detention prescribed by law and accessible in practice constitutes a safeguard against arbitrary detention. Legal aid and competent legal representation are essential elements in ensuring the accessibility and effectiveness of judicial review of the lawfulness of detention.
  • Finally, the interveners stress that lack of access to clear information, lack of access to a lawyer, and lack of access to an effective remedy contravene the guarantees under Articles 3 and 13 ECHR, rendering them ineffective, theoretical, and illusory.

 

Read the full intervention here.

  Continue Reading Lithuania: ICJ and partners intervene in a European Court of Human Rights case on immigration detention

Tunisia: End Judicial Harassment of the President of the Tunisian Judges’ Association

Tunisia: End Judicial Harassment of the President of the Tunisian Judges’ Association

البيان باللغة العربية على هذا الرابط

On August 21, Judge Anas Hmedi, President of the Tunisian Judges’ Association (Association des Magistrats Tunisiens, AMT), is set to appear before an investigating judge at the Kef Court of First Instance, facing charges of “inciting to cease work” arising from a judicial strike in 2022, seven human rights groups said today.

The undersigned human rights organizations call on the Tunisian authorities to drop the charges against Anas Hmedi and end all forms of harassment against judges exercising their rights to peaceful freedom of expression, assembly, and association.

Continue Reading Tunisia: End Judicial Harassment of the President of the Tunisian Judges’ Association

Belarus: lawyer Yuliya Yurgilevich and journalist Pavel Mazheika unjustly sentenced to six years in prison

Belarus: lawyer Yuliya Yurgilevich and journalist Pavel Mazheika unjustly sentenced to six years in prison

Today, the International Commission of Jurists (ICJ) has condemned the unjust conviction and sentencing of prominent Belarus lawyer, Yuliya Yurgilevich, and journalist, Pavel Mazheika, to six years’ imprisonment on trumped up charges.

Yurgilevich, who has practised law for almost 18 years and has a record of defending human rights activists, was accused of publicizing her disbarment and providing Mazheika with information on political prisoners in Belarus, notably on dissident artist Ales Pushkin, who was recognized as a political prisoner by a number of leading human rights groups, and who died in a Belarusian prison of an unknown cause earlier this month.

Continue Reading Belarus: lawyer Yuliya Yurgilevich and journalist Pavel Mazheika unjustly sentenced to six years in prison

Southeast Asia: New ICJ report highlights discriminatory online restrictions against LGBT people

Southeast Asia: New ICJ report highlights discriminatory online restrictions against LGBT people

The authorities in Indonesia, Malaysia, Philippines, Singapore and Thailand should immediately reform laws, policies and practices that have led to violations of the right of lesbian, gay, bisexual, transgender and gender diverse (LGBT) persons to safely and freely express themselves and access information online, the International Commission of Jurists (ICJ) said in a new report launched today.

The 50-page report, Silenced But Not Silent: Lesbian, Gay, Bisexual and Transgender Persons’ Freedom of Expression and Information Online in Southeast Asia, documents the restrictions and barriers LGBT individuals face to safely and freely express themselves and access information online in Indonesia, Malaysia, Philippines, Singapore and Thailand.

Continue Reading Southeast Asia: New ICJ report highlights discriminatory online restrictions against LGBT people

Tunisia-Silencing Free Voices: a briefing paper on the enforcement of Decree 54 on “Cybercrime”

Tunisia-Silencing Free Voices: a briefing paper on the enforcement of Decree 54 on “Cybercrime”

The Tunisian authorities must drop all charges against anyone being prosecuted under Decree 54 for the legitimate exercise of their freedom of expression, and provide reparation for the harm suffered to the victims of such arbitrary prosecutions, the International Commission of Jurists (ICJ) said today.

البيان باللغة العربية

التقرير باللغة العربية

In a new briefing paper published today, the ICJ examines the Tunisian authorities’ enforcement of Decree 54 through which they have imposed illegal and arbitrary restrictions on the legitimate exercise of the right to freedom of expression, among other human rights.
Continue Reading Tunisia-Silencing Free Voices: a briefing paper on the enforcement of Decree 54 on “Cybercrime”

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