Oct 31, 2018 | News
The ICJ and the Swiss Section of the ICJ called today on Swiss people to seriously consider the adverse implications, if adopted, of the popular initiative called the “Swiss law instead of foreign judges – initiative for self-determination” by its proponents. On 25 November 2018, Swiss citizens will be called to vote on this initiative.
The campaign against the initiative has identified it as an “anti-human rights” referendum.
“The initiative, if approved, would have the effect of making it very difficult for people in Switzerland to access Swiss courts to vindicate their human rights,” said Massimo Frigo, ICJ Senior Legal Adviser.
“Swiss people would lose important defences against abuses by the State or private entities,” he added.
Unlike the title suggests the scope of the initiative is directed against international law in general (except for very few existing peremptory norms) which includes international multilateral treaties or bilateral commercial and administrative agreements.
The initiative would therefore fly in the fact of a fundamental legal principle essential to the rule of law, namely that individual States cannot use their national arrangements as an excuse to avoid their international legal obligations.
“Switzerland, as home to numerous international law-making institutions, has a long and distinguished history of championing international law. Adoption of this initiative would be a blow to the country’s reputation and leadership in this area,” said Massimo Frigo.
“The role accorded to international law by the Swiss Constitution and the jurisprudence of the Swiss Supreme Court is essential to uphold reliability of Switzerland as party to international treaties, its role as central actor and generator in many fields of law including international trade, but also legal certainty in Switzerland”, said Professor Marco Sassoli, board member of the Swiss Section of the ICJ and ICJ Commissioner.
“Much of the economic and diplomatic success of Switzerland is based on its faithful adherence and promotion of international law. Essential Swiss values such as its neutrality or its commitment to the protection of war victims are based upon international law,” said Professor Sassoli.
Contrary to its title the initiative is not directed against “foreign judges” but against the practice of Swiss judges, those of the Swiss Federal Supreme Court, and neglects that the self-determination of peoples leads to their direct submission to international law and that the conclusion of treaties is an expression of and not contrary to the sovereignty of the State.
The text of this initiative if approved could lead to the erosion of primacy of international law among the sources of law in Switzerland.
The ICJ and ICJ-Swiss Section join the several NGOs, trade unions, economic actors, political parties and people of Switzerland that want to secure their rights and those of everyone in Switzerland and appeal to the voters before casting their vote to seriously consider the above arguments and not to decide based upon mere slogans such as “self-determination”, “democracy” or “foreign judges”.
Contact:
Massimo Frigo, ICJ Senior Legal Adviser, t: +41 22 979 38 05 ; e: massimo.frigo(a)icj.org
PDF available in Italian: Switzerland-25 November Referendum-News-Press Release-2018-ITA
PDF available in German: Switzerland-25 November Referendum-News-Press Release-2018-GER
Oct 31, 2018 | News
The ICJ today welcomed the Pakistani Supreme Court’s decision to acquit Asia Noreen (Asia Bibi) of blasphemy charges under section 295-C of the Pakistan Penal Code.
Asia bibi had been on death row since 2010, when a trial court convicted her of “defaming the Prophet Muhammad” and sentenced her to death. The Lahore High Court had upheld her conviction and confirmed her death sentence in 2014.
“All eyes were on the Supreme Court to respond to Asia bibi’s final plea for justice and undo the blatant wrongs done to her and her family for eight long years,” said Frederick Rawski, ICJ’s Asia Director.
“It is heartening to see that despite threats and external pressures, the SC fulfilled its role to protect human rights in this case.”
Certain Islamist groups have frequently held demonstrations calling for Asia bibi and other blasphemy accused to be hanged. After the Supreme Court announced its decision to acquit Asia bibi, the Tehreek-e-Labbaik Pakistan took to the streets condemning the decision.
“The Government should take notice of this pattern of threats and reprisals in blasphemy cases and ensure that judges and lawyers are given adequate security to perform their duties independently, impartially and without any external influence,” said Rawski.
Reasons for Asia bibi’s acquittal include an unexplained delay in the registration of the criminal complaint; material inconsistencies in the testimonies of prosecution witnesses; wrongful reliance on Asia bibi’s extra-judicial “confession”; and failure to take into account the circumstances of the blasphemy allegations, including a “quarrel”, possibly about Asia bibi’s faith.
The Supreme Court also noted that the context indicates the charges could have arisen from a “false allegation” of blasphemy, echoing concerns also raised by the ICJ that the blasphemy laws in Pakistan have typcially become an instrument of personal vendettas and malicious motivations.
Asia bibi’s appeal was the first blasphemy case being heard by the Supreme Court since 2002. The Court has so far not upheld any convictions for blasphemy under section 295-C of the Penal Code (defamation of the Prophet Muhammad), though dozens of people have been convicted by trial courts and a number of appeals are pending before various appellate forums.
The ICJ has documented in detail systematic and widespread fair trial violations in proceedings related to blasphemy offences in Pakistan.
Courts in Pakistan have noted on multiple occasions that people accused of blasphemy suffer ‘beyond proportion or repair’ in the absence of adequate safeguards against misapplication or misuse of such blasphemy laws.
The ICJ underscores that laws that criminalize the exercise of freedom of expression are non-compliant with international law, including the International Covenant on Civil and Political Rights, to which Pakistan is a party. This includes the criminalization of expression in relation to religion.
The ICJ opposed the death penalty in all circumstances and considers that it constitutes a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.
Contact:
Frederick Rawski (Bangkok), ICJ Asia Pacific Regional Director, e: frederick.rawski(a)icj.org
Reema Omer, ICJ International Legal Advisor (South Asia) t: +447889565691; e: reema.omer(a)icj.org
Additional information
In November 2015, the ICJ published a report documenting in detail systematic and widespread violations of the right to a fair trial in proceedings related to blasphemy offences in Pakistan, particularly in trial courts. The report confirmed concerns raised by the Supreme Court of Pakistan that individuals accused of blasphemy ‘suffer beyond proportion or repair’ in the absence of adequate safeguards.
The ICJ also made a number of recommendations to the Pakistani executive, legislative and judicial branches to address violations caused by application of the blasphemy laws, whether due to the legislative provisions themselves or at the investigative, prosecutorial, procedural, administrative and judicial levels highlighted in the report, including to ensure that those accused of blasphemy have a fair chance at defending themselves.
In a briefing paper published in October 2016, the ICJ assessed the fair trial violations in Asia bibi’s trial and appellate hearing. The ICJ found glaring omissions both in the appraisal of evidence as well as the application of laws that brought her conviction into question.
Oct 31, 2018 | News
On 28‒31 October 2018, the ICJ hosted two seminars for 30 judges and prosecutors and 26 lawyers from Libya.
The events were co-organized with the Libyan Network for Legal Aid and commenced with opening remarks by ICJ Commissioner, Justice Kalthoum Kennou of Tunisia.
The first seminar on 28‒29 October on “Fair Trial Guarantees in Libya in light of International Standards” aimed to deepen the understanding of Libyan judges and prosecutors of the application of international law and standards regarding fair trials.
The seminar covered pre-trial rights, such as the right to liberty, to effective legal counsel and to be brought promptly before a judge, and rights at trial, such as the right to defend oneself in person, to call and examine witnesses and to an appeal.
International fair trial standards were considered in light of Libyan domestic law and cases, including case 630/2012 involving 37 Ghaddafi-era officials.
The second seminar on 30‒31 October on “The Law and Procedure to File a Submission before the International Criminal Court” aimed to increase Libyan lawyers’ understanding of how to properly file a successful submission to the Office of the Prosecutor.
The Seminar covered the structure and functioning of the ICC, the jurisdictional and admissibility requirements, and the standards for collection and admissibility of evidence.
The Seminar further discussed the roles of NGOs, lawyers and victims in ICC proceedings, providing practical guidance on how and when to file a communication under Article 15 of the Rome Statute of the ICC.
Speakers included judges and prosecutors from international courts and tribunals as well as ICJ staff.
Oct 30, 2018 | News
The ICJ today called upon the Government of Sri Lanka to abide by the Constitution and its international obligations in peacefully resolving the current political crisis, and for all political leaders to commit to respect for human rights and the rule of law.
To this end, President Maithripala Sirisena (photo) should reconvene Parliament to end the constitutional crisis in line with the rule of law and democratic norms.
The ICJ urged the Government to deliver on its commitment to the transitional justice process, including by holding those responsible for human rights violations and abuses accountable, and complying with the obligations set out in United Nations Human Rights Council Resolutions 30/1 and 34/1.
It is with grave concern that the ICJ has observed the unfolding of events in Sri Lanka since the evening of October 26, 2018.
Following the withdrawal of the United People’s Freedom Alliance from the National Unity Government, President Maithripala Sirisena, in an unexpected move, appointed Former President and Member of Parliament Mahinda Rajapaksa as the Prime Minister of Sri Lanka.
These actions have transpired in disregard of safeguards set out in the 19th Amendment to the Constitution, which limit the power of the President to remove the Prime Minister at will.
The Amendment spells out specific instances during which the Prime Minister of Sri Lanka ceases to hold office under the law.
The ICJ is concerned at the President’s move to prorogue Parliament until 16 November in what appears to be an effort to avoid parliamentary scrutiny of his actions. The move has exacerbated political tensions.
“The ICJ is alarmed that Mahinda Rajapaksa, who has yet to be held accountable for the well-documented human rights violations committed during his previous tenure, has been appointed Prime Minister – in apparent violation of the Constitution,” said Frederick Rawski, Asia Pacific Director for the ICJ.
Incidents of violence and the takeover of government-controlled media by supporters of Mahinda Rajapaksa raise fears of an imminent return to the human rights violations and abusive practices which were widespread during his term.
ICJ also noted with concern ongoing crackdowns on the media and other attacks on human rights and fundamental freedoms.
The ICJ stressed that the removal of the Prime Minister in violation of the law or constitutional provisions would constitute a violation of Sri Lanka’s commitments to the international community, set out in UN Human Rights Council resolutions in 2015 and 2017, to strengthen good governance and protect democratic institutions.
The ICJ also expressed concern that political instability, or the return of an unrepentant and unaccountable Mahinda Rajakpaksa to political power, would endanger progress made on fulfilling Sri Lanka’s commitments to press forward with transitional justice processes, and its legal obligations to ensure accountability for past human rights violations and abuses, as set out in both resolutions.
“The failure to address past abuses, and to fully implement UN Human Rights Council Resolutions 30/1 and 34/1, has helped set the stage for the current political turmoil, and the possible return of an authoritarian figure who has proven his disrespect for human rights and the rule of law over and over,” said Frederick Rawski.
“The Human Rights Council will be watching closely to assess whether Sri Lanka is in breach of its commitments. Any serious threat to progress on human rights accountability will compel the establishment of an independent accountability mechanism,” he added.
Contact
Frederick Rawski, ICJ’s Asia Pacific Regional Director, t: +66 2 619 84 77 ; e: frederick.rawski(a)icj.org
Oct 26, 2018 | News
At a media event in Bangkok, Thailand, today, the ICJ reiterated its call for Turkey to work with the United Nations to establish a special independent mechanism to carry out an investigation into the killing of Khashoggi with a view to identifying the perpetrators.
The Foreign Correspondents Club of Thailand (FFCT) in Bangkok hosted a special panel discussion entitled Death of a journalist – Fallout from the killing of Jamal Khashoggi, which was attended by approximately eighty journalists, diplomats and club members.
On the panel, Kingsley Abbott, ICJ Senior Legal Advisor for Global Accountability, began by making two positive observations, namely that there exists a clear international legal framework which applies to cases of suspected unlawful deaths including extra-judicial executions and enforced disappearance; and that a considerable amount of information about Khashoggi’s fate appears to be available.
He set out the international legal framework that applies to violations of the right to life noting the state duty to conduct a prompt independent, impartial, effective and transparent investigation consistent with the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions and the revised 2016 Minnesota Protocol on the Investigation of Potentially Unlawful Death.
Kingsley Abbott noted that in nearly all cases where there is reasonable suspicion of unlawful death, an autopsy should be performed and called for Khashoggi’s body or remains to be produced.
Kate Vigneswaran, ICJ Senior Legal Adviser, Middle East and North Africa (MENA) Programme, discussed options for accountability in the MENA region, in particular in Saudi Arabia, Turkey, Egypt and the United Arab Emirates.
She noted that Saudi Arabia provided little to no opportunity for meaningful justice given executive and Royal Court control over the judiciary and prosecutors. She further highlighted Saudi Arabia’s targeting of critics exercising their right to freedom of expression through criminal prosecutions, abductions and enforced disappearances, and egregious fair trial rights violations in the criminal justice system. She went on to state that similar human rights violations in Egypt and the United Arab Emirates make them unlikely credible options for accountability.
She also noted some concerns about aspects of the justice system in Turkey and in that regard said it was too early to determine whether the conduct of investigation and prosecution of the perpetrators in that country would meet international standards.
Other speakers included Nadia abou el Magd, who has 30 years’ experience as a journalist and commentator covering the Middle East, working mainly for the Associated Press, and Dr. Muhammad Ilyas Yahprung from the Faculty of Political Science, Ramkhamheang University, who focuses on Muslim World Issues.
The panel was moderated by Anneliese Mcauliffe who has worked as a journalist across Asia and the Middle East for over two decades.
Contact:
Kingsley Abbott
Kate Vigneswaran
Senior Legal Adviser
Middle East and North Africa Programme
Phone: +31624894664
Email: kate.vigneswaran(a)icj.org
Twitter: @KateVigneswaran
