Jun 16, 2017 | Адвокаси, Неюридические заявления
МКЮ сегодня обратила внимание Совета по правам человека на неспособность ответственных государств обеспечить подотчетность за выдачу и тайное содержание под стражей в нескольких странах мира. Этот вопрос был отмечен устным заявлением в Генеральном обсуждении о положении прав человека, которое требует внимания Совета.
Заявление МКЮ продолжалось следующим образом:
Осуществляемая США программа выдачи и тайного содержания под стражей последнего десятилетия привела к совершению вопиющих нарушений прав человека и преступлений по международному праву в глобальном масштабе с участием нескольких государств, в том числе в Европе.
Подобная практика была принята в Российской Федерации, где похищения подозреваемых в терроризме или «экстремизме» и передача в государства Центральной Азии продолжаются, не обращая внимания на принцип невыдворения.
Ни одно из государств, участвовавших в проводимой под руководством США программе выдачи, или в методах похищения и передачи, происходящих в Российской Федерации, не обеспечило полную ответственность виновных и полную компенсацию жертвам.
МКЮ призывает этот Совет настоятельно призвать все государства-члены ООН обеспечить полную ответственность и возмещение ущерба жертвам за нарушения прав человека, которые произошли в ходе этих операций.
Jun 16, 2017 | News
Justice Prafullachandra Natwarlal Bhagwati, former ICJ Commissioner and Honorary Member and Chief Justice of the Supreme Court of India, passed away at the age of 95, on 15 June 2017, following a brief illness.
“The International Commission of Jurists benefited greatly from Justice Bhagwati’s engagement and leadership. He was a giant of the human rights movement, dedicated to enlarging and ensuring access to justice for everyone, including those who couldn’t seek and receive justice due to their economic or social status,” said Sam Zarifi, ICJ’s Secretary-General.
“His dedication and ground-breaking approach to human rights accountability inspired many within and outside of the ICJ, and the values he represented will continue to inspire and inform our work,” he added.
Justice Bhagwati had a long history of promoting and protecting human rights, both at home and on the international stage, particularly for the most marginalized and vulnerable individuals and groups.
Former Chief Justice of India, Justice P.N. Bhagwati held a long and illustrious career within the Indian judiciary.
He introduced many innovative reforms within the Indian judicial system that increased access to justice for the poorest and most disadvantaged, including as a pioneer of public interest litigation and absolute liability.
Outside of India, Justice P.N. Bhagwati played a prominent role in the international human rights movement, for example as a member of the Committee of Experts of the International Labour Organization and Chair of the United Nations Human Rights Committee.
He was also actively involved in a number of non-governmental organizations, including the ICJ, where he committed to a high number of missions, seminars, publications and other activities on behalf of the organization.
He also served as a long-standing Chair of the Advisory Board for the ICJ’s Centre for the Independence of Judges and Lawyers.
Jun 13, 2017 | Advocacy, Non-legal submissions
The ICJ today spoke on behalf of a number of NGOs, drawing the attention of the Human Rights Council to the fact that the Council is permitting civil society space to shrink within its own chamber.
The statement was as follows:
Mr President,
We thank States for their commitment to address the shrinking space for civil society.
We draw the Council’s attention to the fact that since 2013, the number of desks reserved for NGOs in room XX for Human Rights Council sessions has been reduced from 24 to 2, leaving only the two speaking seats we are now sitting in.
This has been drawn to the attention of successive Presidents of the Council but the space has continued to shrink.
We invite all delegations to reflect on the impression this gives to civil society, not to mention States and other international actors, about the Council’s commitment to addressing shrinking civil society space.
I thank you Mr President.
The statement was delivered by the ICJ on behalf of the following NGOs:
- Article 19
- Asian Forum for Human Rights and Development (Forum-Asia)
- Bahá’í International Community
- CIVICUS – World Alliance for Citizen Participation
- DefendDefenders (the East and Horn of Africa Human Rights Defenders Project)
- FIAN International
- Franciscans International
- International Bar Association
- International Commission of Jurists (ICJ)
- International Federation for Human Rights Leagues (FIDH)
- International Lesbian and Gay Association (ILGA)
- the International Movement against All forms of Discrimination and Racism (IMADR)
- International Platform Against Impunity
- International Service for Human Rights (ISHR)
- Minority Rights Group International
- Peace Brigades International (PBI)
- Universal Rights Group (URG)
- Women’s International League for Peace and Freedom (WILPF).
The statement can be downloaded in PDF format here: HRC35-OralStatement-GDItem3-CivilSocietySpace-2017
Jun 13, 2017 | News
The ICJ welcomed today the Special Rapporteur’s report on Turkey and his preliminary findings on his visit to the country last November.
The ICJ welcomes and concurs with the finding that the “situation of the judiciary is undermining freedom of opinion and expression”.
Mass dismissals of judges have had a devastating effect on the judiciary’s independence, already weakened by the current state of emergency. Furthermore, we are concerned at the claim by the President that the state of emergency will remain in place until Turkey reaches “peace and prosperity”. Whatever other questions there may be about their validity, maintaining emergency derogations to human rights law instruments for such an open-ended period would clearly not be in line with international law.
The ICJ is also concerned at the constitutional amendments approved on the 16th of April by a referendum. Among other things, the amendments have given powers to the President and the Parliament to appoint all the members of the High Council of Judges and Prosecutors, the body tasked with protecting the independence of these professions.
The judiciary has had in the past an important role in implementing legislation that has severely limited the freedom of journalists to carry out their job.
The independence of the judiciary has now been eroded to its core in Turkey. Without it, there is no effective remedy in the country to protect freedom of opinion and expression.
Further reading: ICJ’s briefing paper Turkey: the Judicial System in Peril
Jun 13, 2017 | Advocacy, Non-legal submissions
During a panel discussion at the UN Human Rights Council, the ICJ delivered an oral statement on the role of men and boys in eliminating violence against women by ensuring women’s access to justice for gender based violence.
The statement was delivered during the first panel of the Council’s annual full-day discussion on the human rights of women. The panel focused on accelerating efforts to eliminate violence against women by engaging men and boys in preventing and responding to violence against women.
The ICJ’s statement was as follows:
Violence against women is a widespread human rights abuse rooted in patriarchal societies and gender stereotypes that are harmful to everyone. As the panel have recognised, the international community cannot address the issue as though it is only a problem for women and we welcome the positive focus on the role of men and boys as beneficiaries and agents of change.
The ICJ remains concerned about women’s access to justice for gender based violence. Strong domestic laws, grounded in an international human rights framework, that are upheld by a robust and independent judiciary, are essential components of tackling the problem.
However, the ICJ has worked with lawyers, judges and civil society to assess the obstacles that continue to face women seeking justice for gender based violence and we know that laws alone are not enough. It must also be acknowledged that many laws are based on patriarchal norms and stereotypes that are intrinsically discriminatory against women seeking justice through the legal system.
Behavioural change is required in not only preventing violence against women but also in ensuring that justice is available to those that have been subject to this violence. Men have a pivotal role to play in working with women to ensure that a gender based perspective is applied to the way laws are accessed and implemented.
We applaud the panellists’ focus on engaging with men and boys to prevent harmful behaviours of violence against women from taking root.
However, we would like to ask what role panellists suggest men and boys have in:
a) ensuring that perpetrators are held accountable for their actions, and
b) in supporting the justice system in rehabilitating offenders to prevent further acts of violence, without compromising justice and services available to women?
In response to the ICJ’s statement the Special Rapporteur on Violence Against Women commented that structural problems impact on the effectiveness of laws.
Mr Abhijit Das noted that prosecution was only one means of addressing gender inequality and that engagement with men and boys needed to go beyond this to include the widest number of stakeholders possible, including those men and boys that do not perpetrate violence against women.
Mr Anthony Keedi noted that rehabilitation was a key component of addressing violence against women and must be at the heart of change to prevent cycles of violence from continuing.
The participants in the panel and discussion were:
- Chair: H.E. Mr Joaquin Alexander Maza Martelli, President of the Human Rights Council.
- Opening statement: Ms Kate Gilmore, UN Deputy High Commissioner of Human Rights provided an opening statement
- Keynote speaker: H.E. Ms Karen Ellemann, Minister for Equal Opportunities and Nordic Cooperation, Denmark
- Moderator: Ms. Lana Wells, Brenda Stafford Chair in the Prevention of Domestic Violence, University of Calgary, Canada
- Panellist: Ms Dubravka Simonovic, Special Rapporteur on violence against women, its causes and consequences
- Panellist: Mr Anthony Keedi, Masculinities Technical Adviser, ABAAD Resource Centre for Gender Equality, Lebanon
- Panellist: Mr Francis Oko Armah, Youth Activist, curious Minds, Ghana
- Panelist: Mr Abhijit Das, Co-Chair of MenEngage Alliance and Founder of Men’s Action for Stopping Violence against Women, India
