Jun 17, 2015 | Events, News
Head of ICJ’s Centre for the Independence of Judges & Lawyers, Matt Pollard, today moderated a side event on “Securing the independence and effectiveness of the Judiciary: European initiatives and perspectives in global context” at the UN Human Rights Council.
At the event, representatives of the Council of Europe highlighted the work of the European Commission for the Efficiency of Justice (CEPEJ) and the Consultative Council of European Judges (CCJE). The UN Special Rapporteur on the Independence of Judges and Lawyers, Ms Gabriela Knaul (from Brazil) reflected on the global relevance of European initiatives and institutions during her six years in the mandate.
Matt Pollard discussed the impact of Council of Europe standards and jurisprudence, both within Europe and in terms of global influence, from the perspective of civil society, as well as highlighting that standards and jurisprudence developed in other regions also present a rich source that European institutions should do more to draw on in their own work.
The interactive Panel discussion included extensive questions and comments from state delegations and civil society representatives in attendance at the event.
Panelists:
Mr. Georg Stawa, President of the European Commission for the Efficiency of Justice, Council of Europe
Mr. Bart van Lierop, President of the Consultative Council of European Judges
Mrs. Gabriela Knaul, UN Special Rapporteur on the Independence of Judges and Lawyers
Mr. Matt Pollard, Centre for the Independence of Judges and Lawyers, International Commission of Jurists (moderator)
This side event was organised by the Permanent Delegation of the Council of Europe to the UN Office in Geneva, with the co-sponsorship of Australia, Botswana, Hungary, Mexico as the main sponsors of the resolution on the independence of judges and lawyers
Jun 16, 2015 | News
The ICJ deplores the decision of the Cairo Criminal Court to confirm the death sentences for over 100 persons following a grossly unfair trial.
The ICJ is calling upon the Egyptian authorities to desist from carrying out the executions and to provide an effective remedy for the human rights violations.
On 16 May, the Cairo Criminal Court had already recommended deaths sentences for more than 120 accused persons.
Today, having received the opinion of the Grand Mufti of Egypt (whose secret, non-binding opinion must be sought in all death sentence cases before they are confirmed) the Cairo Criminal Court confirmed the death sentences of more than 100 accused, including former President Mohamed Morsi and numerous other senior officials from the outlawed opposition group, the Muslim Brotherhood.
“Egypt must immediately end the imposition of mass death sentences and halt all executions of all individuals sentenced to death following unfair trials,” said Said Benarbia, Director of the ICJ’s Middle East and North Africa Programme.
“Egyptian judges are once again contributing to egregious violations of the right to life instead of protecting against, preventing and punishing arbitrary deprivation of life,” he added.
The sentence was imposed following convictions on various charges in two separate cases, including “murder”, “carrying out acts that compromise the independence of the country”, “abduction of police officers”, “collusion with a foreign organization to carry out terrorist activities in Egypt” and “carrying heavy weapons to resist the Egyptian state”.
As previously noted by the ICJ, the trial of the convicted persons violated numerous basic fair trial guarantees.
Many of the accused were denied access to counsel during detention, with some being held incommunicado for months.
Defendants had rights of defence violated, including denial of the right to call and to cross-examine witnesses.
The accused were convicted despite a lack of substantial and credible evidence of proof beyond reasonable doubt of the individual guilt of each accused.
Furthermore, the accused will not have the opportunity to have their conviction and sentence reviewed by a higher tribunal.
Under Egyptian law decisions of felonies courts can only be challenged before the Cassation Court, which examines the proper application of the law by the lower court only and cannot review the merits of the case.
This decision is one of a string of cases in which mass death sentences have been meted out against perceived opponents of the regime. Other cases are ongoing.
The Cairo Criminal Court is currently hearing the “Ansar Beit Al Maqdis” case in which more than 200 accused are charged with serious crimes, including the murder of 50 police officers, the attempted assassination of the interior minister and espionage on behalf of the foreign organization Hamas.
According to one of the defence lawyers, the majority of the accused were held incommunicado for between four and six months and were denied access to counsel.
Information allegedly extracted using torture and other ill-treatment has been relied on as evidence in court. If found guilty, the accused could be sentenced to death.
Egypt has carried out the death sentence against at least 12 people in 2015 despite calls by the African Commission on Human and Peoples’ Rights to refrain from carrying out the death penalty.
The recent issuance of mass death sentences in the country has been condemned by UN human rights experts, who called them “a profound disgrace”.
The ICJ opposes the use of the death penalty in all circumstances as a violation of the right to life and a form of cruel, inhuman and degrading punishment.
The UN General Assembly has called repeatedly, by a large majority, for all retentionist States to impose a moratorium on the use of the death penalty, with a view to abolishing the practice. The ICJ urges the Egyptian authorities to heed this call and desist from carrying out further executions.
Contact:
Alice Goodenough, Legal Adviser of the ICJ Middle East and North Africa Programme, tel: 44 7815 570 834, e-mail: alice.goodenough(a)icj.org
Nader Diab, Associate Legal Adviser of the ICJ Middle East and North Africa Programme, tel: 41 229 793 804, e-mail: nader.diab(a)icj.org
Egypt-Morsi confirmation of sentence-News-Press release-2015-ENG (full text of press release, Arabic)
Jun 16, 2015 | Новости, Статьи
17 июня МКЮ проведет наблюдение за процессом в Верховном Суде Кыргызской Республики по делу об обысках, произведенных сотрудниками правоохранительных органов в офисе и домах адвокатов Валериана Вахитова и Хусанбая Салиева.
В свете запрета на произвольное вмешательство в право на уважение частной жизни, переписки и жилища будет рассматриваться вопрос об адвокатской тайне и о выемке адвокатских досье.
Верховный Суд Кыргызской Республики рассмотрит жалобу прокуратуры на постановление Ошского областного суда от 30 апреля 2015 г.
Прокуратура также требует вынести частное определение в отношении судей Ошского областного суда, которые приняли решение в пользу защиты гарантий профессиональной адвокатской деятельности, признав обыски и выемку документов незаконными.
В состав миссии МКЮ по наблюдению за процессом входят: Ольга Зимарева, адвокат, практикующая в Российской Федерации, и Алмаз Османова, адвокат из Кыргызской Республики и председатель Лиги юристов Центральной Азии.
По результатам рассмотрения дела МКЮ опубликует свой обзор процесса и постановления Верховного Суда Кыргызской Республики в свете международного права в области прав человека и международных стандартов, касающихся независимости судебных органов и роли адвокатов.
Контакты:
Роушин Пиллей, директор Региональной программы МКЮ по Европе, roisin.pillay(a)icj.org
Тимур Шакиров, правовой советник Региональной программы МКЮ по Европе, temur.shakirov(a)icj.org
Kyrgyzstan-Trial observation-News-Web story-2015-RUS (полная история на русском, PDF)
Jun 16, 2015 | Events, News
The ICJ is organizing this workshop from 22 to 24 June 2015 at the Imba Matombo Lodge in Harare, Zimbabwe. The meeting will bring together legal practitioners, judges and prosecutors involved in human rights legal accountability of business enterprises.
The workshop will have a special focus on children’s rights as a particularly vulnerable group, but will cover human rights broadly.
Its objective is to create a pool of jurists with the knowledge and ability to undertake strategic litigation before national or regional courts in the interest of victims of human rights abuse by business corporations in the Southern and Eastern Africa regions.
It specific objectives are to provide legal and other tools to community representatives and litigators who want to start strategic litigation in the public interest ; to provide opportunities to establish a link with international lawyers and groups to help in litigation in other countries ; and to provide information on available resources, mechanisms, and strategies for effective litigation.
Email applications can be sent to Dr Carlos Lopez: carlos.lopez(a)icj.org ; or Otto Saki: otto.saki(a)icj.org
Jun 16, 2015 | News
On 17 June, the ICJ will observe proceedings before the Supreme Court of the Kyrgyz Republic concerning searches of the workplace and homes of lawyers Valerian Vakhitov and Khusanbay Salieyv by law enforcement agents.
The case concerns confidentiality of lawyer-client communications and seizure of lawyers’ files, in light of the prohibition of arbitrary interference with privacy, correspondence, and home.
The Supreme Court of the Kyrgyz Republic is to consider the challenge of the Prosecutor’s Office to the decision of the Regional Osh Court of 30 April 2015.
The prosecutor also seeks disciplinary measures against the judges of the Regional Court who decided in favour of the protection of the professional guarantees of lawyers, ruling that the searches and seizures of documents were illegal.
The ICJ trial observation mission includes Olga Zimareva, a lawyer practicing in the Russian Federation and Almaz Osmanova, a lawyer in the Kyrgyz Republic and chair of the Central Asian League of Lawyers.
Following the conclusion of the case, the ICJ will publish its analysis of the proceedings and the judgment of the Supreme Court of the Kyrgyz Republic in light of international human rights law and international standards on the independence of the judiciary and the role of lawyers.
Contact:
Róisín Pillay, Director, Europe Programme, roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, Europe Programme, temur.shakirov(a)icj.org
Kyrgyzstan-Trial observation-News-Web story-2015-RUS (full text in PDF, Russian)
