Jul 21, 2016 | News
The ICJ urges Turkish authorities to fully respect the rule of law and human rights under the recently declared state of emergency.
The ICJ is concerned that yesterday’s declaration of a state of emergency could further exacerbate the ongoing attack on institutions and professions that are guardians of the rule of law in Turkey, including the judiciary, the media and academia.
The ICJ reiterates its concern at the ongoing purge within the judiciary that led to the suspension of 2,745 judges and the arrest of hundreds.
Since then, Turkish authorities have summarily suspended, dismissed or arrested more than 50,000 academics, judges, including military judges, and public officials.
The ICJ is concerned that many of these measures are arbitrary and unlawful.
“Turkey needs to respect the tenets of the rule of law and human rights law during the state of emergency,” said Wilder Tayler, ICJ Secretary General.
“There are human rights that can never be restricted even in a state of emergency, notably the right to life, the prohibition of torture or ill-treatment, and the essential elements of arbitrary deprivation of liberty and to a fair trial,” he added.
“The current allegations of torture and ill-treatment of detainees and arbitrary arrests already point to serious violations of human rights. Widespread arrests and suspensions of judges, which began before the declaration of any state of emergency, threaten the right to a fair trial,” Tayler further said.
“The state of emergency must not be used as a means to subvert the rule of law and human rights.”
The ICJ remains concerned at President Erdoğan’s statements that he would allow for a reinstatement of the death penalty.
The ICJ firmly opposes the death penalty under any circumstances, and its reintroduction in Turkey which would also be incompatible with Turkey’s obligations under the European Convention on Human Rights and the Second Optional Protocol to the International Covenant on Civil and Political Rights.
Contact
Róisín Pillay, Director, ICJ Europe Programme, t: +32 476 974263 ; e: roisin.pillay(a)icj.org
Massimo Frigo, Legal Adviser, ICJ Europe Programme, t: +41 22 979 38 05 ; e: massimo.frigo(a)icj.org
Background information
The Council of Ministers, chaired by President Recep Tayyip Erdoğan, declared yesterday a three-month state of emergency throughout the whole territory of Turkey in accordance with article 120 of the Turkish Constitution.
The declaration must be ratified by the National Assembly. He has not yet announced what specific measures will be introduced.
Turkey is a party to many human rights treaties, including the European Convention on Human Rights and the International Covenant on Civil and Political Rights.
Under these treaties, the declaration of a state of emergency must remain within the strict boundaries of the law, in particular constitutional and international law.
Any measures derogating from them must be strictly necessary to meet a threat the life of the nation.
Certain human rights obligations cannot be derogated from even under a state of emergency. All rights must continue to be respected, although lawful derogating measures may restrict their scope of application.
Jul 18, 2016 | News
At a critical moment for Turkish democracy, the ICJ today urged the government to uphold the rule of law and respect Turkey’s obligations under international human rights law.
The ICJ condemns what appears to be a wholesale attack on the judiciary, implemented within hours of the failed coup attempt of 15 and 16 July.
“At such moments of crisis, it is crucial that the independence and security of tenure of judges is respected, so that public confidence can be maintained in the fairness of the justice system,” said Wilder Tayler, ICJ Secretary General.
“Purging the judiciary now endangers the deepest foundations of the separation of powers and the rule of law. An independent judiciary will be critical to ensure a functioning administration of justice for all people in Turkey as the country emerges from the crisis,” he added.
Reports indicate that on 16 July 2,745 judges were suspended by the High Council for Judges and Prosecutors (HSYK). Arrest warrants were issued for more than a hundred judges.
Two judges of the Constitutional Court, and ten members the HSYK itself, are reportedly among those detained. The ICJ fears that many of these detentions may be arbitrary.
Allegations that the judges concerned were linked to the attempted coup have not been supported by evidence, and it defies credulity that such a high number of judicial authorities could have been involved in the planning or execution of the military coup d’etat.
According to the ICJ, the measures are arbitrary, and contrary to fundamental rule of law principles.
In June, an ICJ report, Turkey: the judicial system in peril, analysed the increasing government control of the Turkish judiciary, including the HSYK, and arrests and dismissals judges, in violation of international standards.
“This weekend’s mass suspensions and arrests of judges represent a dramatic escalation of an attack on judicial independence that was already underway,” said Tayler.
“Disciplinary proceedings against judges should not proceed until it is clear that they will be heard by a body that is fully independent of the executive, and in accordance with the right to a fair hearing,” he added.
The ICJ is also deeply concerned at suggestions by the government that the death penalty may be introduced for those involved in the failed coup.
Re-introduction of the death penalty would violate Turkey’s obligations under Protocol 13 to the European Convention on Human Rights, and would amount to inhuman and degrading treatment in breach of Article 3 of the Convention.
The ICJ considers the death penalty to constitute in all circumstances a violation of the right to life and the prohibition on cruel, inhuman or degrading punishment.
Contact:
Róisín Pillay, Director, ICJ Europe Programme, t: +32 476 974263 ; e: roisin.pillay(a)icj.org
Additional information:
Under international standards on the independence of the judiciary, judges should be subject to suspension or removal only for reasons of incapacity or behaviour that renders them unfit to discharge their duties.
The ICJ recently published its Practitioners’ Guide N°13 on Judicial Accountability, a major study on international law and standards on the accountability of judges.
Further guidance on relevant international law and standards can be found in the ICJ Legal Commentary to the Geneva Declaration on Upholding the Rule of Law and the Role of Judges and Lawyers in Times of Crisis.
Jul 18, 2016 | News
Indian authorities must immediately, independently and thoroughly investigate all incidents of excessive, particularly lethal, use of force in Kashmir over the past week, the ICJ said today.
Indian security forces have an obligation to comply with Government commitments to avoid using excessive force to quell protests, and must be held to account for any violations.
Violent clashes between protesters and security forces broke out in Kashmir after a popular Kashmiri militant leader, Burhan Wani, was killed, along with his two associates, by security forces on 8 July.
More than 35 people have been killed, including one security officer, and over 2000 injured. In some areas, protestors threw stones and attacked police stations. Security forces used tear gas, pellet guns and firearms.
“Security forces must respect the right to life at all times, and only use force when strictly necessary and in a manner proportionate to the legitimate performance of their duties,” said Sam Zarifi, ICJ Asia Director.
“The number of persons injured over the past week, as well as the nature of their injuries, indicates the urgent need for investigations. If security forces use any kind of weapon, they are governed by international standards that require force to be used as a last resort in self-defence or defence of others against an imminent threat of death or serious bodily injury, and in a manner to minimize injuries,” he added.
Indian security forces began using pellet guns routinely after 2010 following heavy criticism of their misuse of firearms against protesters.
But during the recent protests, the use of pellet guns, considered non-lethal weapons by security forces, has resulted in serious and potentially permanent health consequences for persons affected, including eye injuries and organ damage, which have required urgent treatment.
A recent report has suggested that at least a 100 people have sustained eye injuries. Pellet guns have also injured non-protestors, including children.
“Indian authorities should stop the use of pellet guns until they can assess whether these weapons can be used in a manner that is consistent with human rights standards on the use of force, including whether they are inherently inaccurate, indiscriminate and arbitrary; and ensure that the use of all non-lethal weapons is strictly regulated, because they have the capacity to cause serious and permanent injury,” Zarifi said.
Hospitals in Kashmir are struggling to cope with the high number of patients. There have also been reports that security forces have stopped ambulances carrying injured people, and disrupted the functioning of hospitals.
“All allegations of excessive use of force and other unlawful behaviour by the security forces must be investigated immediately. At the same time, protesters who resort to violence or injure other people must also be properly investigated and brought to justice by proper trials,” he added.
“Security forces absolutely must not interfere with access to health care. In addition to prompt, independent and effective investigations on this, the Government must proactively ensure that all injured persons are able to safely access necessary and quality health care,” he added.
Indian Prime Minister Narendra Modi has called on security forces in Kashmir to exercise “absolute restraint”.
The Chief Minister, Mehbooba Mufti, has committed to ensuring accountability in all cases where excessive force was used by security forces.
It is crucial that the Government follows through on this promise, and conducts thorough, independent and prompt investigations.
In the past, violations by security forces have largely enjoyed impunity in Kashmir for several reasons, including laws like the Armed Forces Special Powers Act that shield security forces from legal accountability for human rights violations.
For example, in 2010, clashes between protestors and security forces in Kashmir resulted in over 100 deaths. Very few, if any, of these have been credibly investigated to date.
Current events also cast doubt over whether the reforms introduced since have improved policing practices and made security forces more accountable.
The ICJ is therefore calling on Indian authorities to:
- Order that security forces desist from using excessive and unlawful force, comply with international human rights law, and only use force when strictly necessary and in a manner proportionate to the legitimate performance of their duty;
- Promptly, independently and effectively investigate all allegations of excessive and lethal uses of force by security forces, make the results of these investigations public, initiate prosecutions where appropriate, and ensure that all victims are provided with effective redress;
- Provide necessary and quality health care to injured persons, ensure they are able to access it, that hospitals are stocked and equipped to deal with the increased patient load, and that all allegations of security forces attacking ambulances and hospitals are immediately investigated.
Contact:
Sam Zarifi, ICJ Regional Director for Asia and the Pacific, t: +66807819002; e: sam.zarifi(a)icj.org
India-Kashmir statement-News-Press release-2016-ENG (full text in PDF)
Jul 18, 2016 | News
The Maldives must immediately commute the death sentence imposed on Hussain Humam Ahmed and reinstate the 60-year old moratorium on capital punishment with a view towards abolishing it in law, the ICJ said today.
The Maldives Supreme Court on 24 June 2016 upheld the death sentence of 22-year old Hussain Humam Ahmed, convicted in 2012 for the murder Afrasheem Ali, a Member of Parliament (MP).
The execution, which the Government has expressed its intention to carry out within thirty days of the ruling, would be the first in the country since 1953.
“The reintroduction of the death penalty after 60 years, even as an increasing majority of nations are moving towards its abolition, is a tremendous blow to the already weak human rights situation in the Maldives,” said Nikhil Narayan, the ICJ’s South Asia senior legal adviser.
“Maldivian authorities must immediately halt Humam’s and others’ imminent executions and reinstate the moratorium as a first step towards getting rid of it outright,” he added.
On 7 July 2016, just two weeks after upholding Humam’s death sentence, the Supreme Court upheld a second death sentence, this one against Ahmed Murrath, a 32-year old convicted for the 2012 murder of Ahmed Najeeb, a prominent lawyer.
Hussain Humam was first arrested in October 2012 for the stabbing death of Afrasheem Ali, an MP for the ruling Progressive Party of the Maldives (PPM).
The trial, conviction and Supreme Court decision come even as the prosecutor’s office has admitted that the investigation into the murder is still ongoing.
The Supreme Court ruling also ignored a last-minute request by the victim’s family to delay enforcement of the death sentence until the conclusion of the investigation.
Human rights groups and independent observers have highlighted a number of fair trial and due process irregularities in Humam’s investigation and trial.
Humam’s conviction was based solely on his “confession” at a May 2013 hearing, after initially pleading not guilty.
Humam later retracted the confession and claimed that the police had obtained it through coercion.
“Proceeding with Humam’s execution on the basis of a deeply flawed trial, particularly in a context in which the Maldivian Supreme Court and criminal justice system are already under considerable criticism for their lack of independence, impartiality and failure to adhere to international fair trial and due process standards, would amount to a further violation of his rights to life and human dignity,” said Narayan.
The ICJ opposes capital punishment in all cases without exception. The death penalty constitutes a violation of the right to life.
“The death penalty is the ultimate form of cruel and inhuman punishment, which cannot be reversed once carried out, and neither serves the interests of justice for victims nor as a deterrent against future crimes,” Narayan added.
Following the Supreme Court’s decision, on 30 June, the Maldivian Government amended regulations to enforce the death sentence by lethal injection.
The new regulations require the president to order Humam’s execution within three days of endorsement of the death sentence by a committee comprising of the chief prosecutor, the commissioner of prisons, and the chief justice.
The execution must then be carried out within seven days of the president’s order. The president may then only halt the execution on a direct plea from the victim’s family.
President Yameen’s administration has maintained its resolve to implement the death sentence within thirty days of the 24 June Supreme Court ruling.
The Maldives must immediately halt Humam’s and others’ imminent execution, reinstitute the moratorium on the use of the death penalty and take meaningful steps towards its eventual abolition in law and practice, the ICJ says.
Background:
The ICJ has previously detailed the human rights crisis in the Maldives, and the deep politicization of the Maldivian judiciary and criminal justice system, in its August 2015 fact-finding report.
The Maldives is party to most of the principal human rights treaties, including the International Covenant on Civil and Political Rights, which obliges the Maldives to respect the rights to life, human dignity, freedom from cruel, inhuman or degrading treatment or punishment, and to a fair trial.
In December 2014, the UN General Assembly adopted a resolution, for the fifth time since 2007, emphasizing that the use of the death penalty undermines human dignity and calling on those countries that maintain the death penalty to establish a moratorium on its use with a view to its abolition. A majority of 117 UN Member States voted in favor of a worldwide moratorium on executions as a step towards abolition of the death penalty.
Contact:
Nikhil Narayan, ICJ South Asia Senior Legal Adviser, t: +977-981-3187821, e: nikhil.narayan(a)icj.org.
Jul 13, 2016 | News
The ICJ deplores the killing of Kem Ley, an outspoken human rights defender, political analyst and organizer of grassroots community activists, and calls on the Government to carry out a prompt, impartial and effective investigation to identify and bring to justice those responsible.
Shortly after the killing, Cambodian police arrested a suspect approximately two kilometers from the crime scene who “confessed” on a leaked video to killing Kem Ley for failing to repay a personal loan.
“Kem Ley, a prominent political commentator and human rights defender, was killed against a backdrop of escalating attacks on civil society and the political opposition,” said Kingsley Abbott, ICJ Senior International Legal Adviser.
“In the context of Cambodia’s long history of impunity in cases of allegedly politically motivated killings, and even though a suspect is already in custody, the authorities must continue the investigation in a transparent and methodical manner until all potential lines of inquiry have been exhausted,” he added.
There are already concerns about certain events that took place immediately after the killing which may have harmed the investigation.
For example, shortly after news spread of Kem Ley’s death, the authorities observed a large crowd gather in and around the courtyard of the petrol station in which he was killed, potentially compromising important sources of evidence from this wider area and the vehicles within it.
The large gathering effectively served to block medical vehicles from removing Kem Ley’s body from the scene, which may have prevented a forensic autopsy from taking place.
Later the same afternoon a large procession accompanied his body from the crime scene through the streets of Phnom Penh to Wat Chas pagoda, where his body remains lying in wake.
“Where it lacks capacity, Cambodia should seek technical assistance from States and international organizations particularly in the specialized areas of Closed Circuit Television (CCTV) and telecommunication data analysis which may assist in establishing the identification and movements of the perpetrator and whether he or she acted alone or with others,” Abbott said.
The ICJ calls on the Cambodian authorities to:
1. Ensure that the investigating judge and investigators are – and are seen to be – impartial and independent of undue influence, and are free to perform their professional functions objectively without intimidation, hindrance, harassment or improper interference.
2. Ensure that the investigation process and its outcome are transparent and open to scrutiny by the victims and the general public.
3. Protect the rights of the victims including by ensuring Kem Ley’s family:
- receive regular information about the progress of the investigation and their rights;
- receive all necessary support and assistance; and
- are protected from any ill-treatment, intimidation, or sanction as a result of their participation in the investigation.
4. Protect anyone who provides information to the authorities from ill-treatment, intimidation or sanction.
5. Actively seek out and accept offers of assistance from States and international organizations including in the areas of:
- the analysis of any CCTV and telecommunication data; and
- the forensic examination of Kem Ley’s body, crime scenes and vehicles.
Background
At approximately 0830 on 10 July 2016, Kem Ley was shot and killed at a petrol station cafe on Phnom Penh’s Monivong Boulevard. Shortly afterwards, the authorities apprehended a man nearby in connection with the killing who identified himself as “Chuob Samlab”.
On a leaked video, the man reportedly “confessed” to the killing claiming he shot Kem Ley over a debt the political commentator allegedly owed him, a fact reportedly disputed by Kem Ley’s widow and the suspect’s wife.
Under Article 12 of the United Nations Declaration on Human Rights Defenders, States are required to take all necessary measures to ensure the protection of human rights defenders against any violence, threats, and retaliation.
Contact:
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, t: +66 94 470 1345 ; email: kingsley.abbott(a)icj.org
