Sep 11, 2012 | Advocacy, Non-legal submissions
The ICJ welcomes the first report of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence (A/HRC/21/46).
The content of the report elaborates on the four pillars of the Special Rapporteur’s mandate and the ways in which this analysis will inform the execution of his mandate. The ICJ reiterates its support for the establishment of this important mandate, one that is crucial to combating impunity for human rights violations and guaranteeing victims’ access to justice.
In a written statement to the UN Human Rights Council, and an oral statement delivered jointly with Amnesty International on 12 September 2012, the ICJ referred to issues seen as critical to the execution of the Special Rapporteur’s mandate, and the way in which the Human Rights Council should engage with it.
ICJ-HRC21-Item3ID-SRTruthJustice-OralStatementnon-legal submission-2012 (download written statement, in PDF)
ICJ-Amnesty-HRC21-TruthJustice-OralStatement-2012 (download joint oral statement, in PDF)
Sep 11, 2012 | Advocacy, Legal submissions
During the 21st session of the UN Human Rights Council (10-28 September 2012), the ICJ made an oral statement relating to the report of the UN Secretary-General on reprisals against persons cooperating with the UN and its mechanisms.
In a general debate concerning reports of the UN Secretary-General, including his report on reprisals against human rights defenders (HRDs), the ICJ delivered an oral statement on 11 September 2012 concerning impunity for attacks against HRDs in Sudan.
The ICJ’s statement called on the Human Rights Council to urge Sudan to:
- Protect the rights of HRDs, including those cooperating with the UN;
- Initiate a prompt, thorough, and independent investigation into incidents brought to the attention of the Council;
- Hold criminally accountable those responsible and ensure access to a remedy and reparations for the victims of such attacks;
- Guarantee the safe return and reintegration in Sudan of the human rights defenders concerned; and
- Repeal all laws that describe human rights activities as spying and espionage.
Sudan-HRC21-Item2-OralStatementReprials-2012 (download statement)
Sep 11, 2012 | Events, News
On 9-10 September 2012, the ICJ participated in a conference on “the independence of the judiciary in Egypt in light of the constitutional reform process and international standards”.
The conference, organized jointly by the ICJ, the Hisham Mubarak Law Centre and the Egyptian Organisation for Human Rights, was attended by international and national experts, including Justice Ian Binnie, a former judge of the Supreme Court of Canada, Justice Ketil Lund, a former judge of the Supreme Court of Norway and Wilder Tayler, Secretary General of the ICJ.
The conference addressed the following topics: the independence of the judiciary; the statute for judges; the High Judicial Council; the Supreme Constitutional Court; military and security courts and the independence of the judiciary; and the independence and impartiality of the office of the public prosecutor.
Egypt-Concept Note Independence of Justice conference-events-2012 (full text, PDF)
Egypt-ICJ Statement on Military Tribunals-events-2012 (full text, PDF)
Sep 7, 2012 | News
The ICJ calls upon the Bahraini authorities to immediately and unconditionally release 13 human rights defenders and political activists convicted by the Criminal Court of Appeal in Bahrain.
On 4 September 2012, they were convicted on charges relating to “conspiracy to overthrow the government”, “espionage” and “violation of the Constitution”. The sentences against the defendants ranged from 5 years to life imprisonment.
The ruling of the Criminal Court of Appeal upheld the convictions and sentences of the detainees handed down last year by the National Safety Court and the National Safety Court of Appeal, two exceptional military courts established under the royal decree of 15 March 2011, which declared the “state of emergency”. On 30 April 2012, the Bahraini Cassation Court ordered their retrial before a civilian court.
“The retrial by the Criminal Court of Appeal failed to remedy the failures of the original trials and to meet international standards of fair trial, including the right to be presumed innocent and to equality of arms. The Prosecution failed to provide any credible evidence against these detainees and their right to defence has been severely undermined at all stages of the proceedings,” said Said Benarbia, Senior Legal Adviser of the ICJ Middle East and North Africa Programme. “The retrial relied heavily on the findings of the first two trials, including “confessions” that the defendants claimed were obtained through torture and other ill-treatment.”
The Bahraini authorities should ensure that these allegations of torture and ill-treatment are promptly, independently and effectively investigated.
The Bahraini authorities should also ensure that the rights of human rights defenders and political activists to freedom of expression, association, and assembly are fully respected.
“Instead of subjecting these defenders and activists to various forms of harassment, intimidation and unfair trials, the Bahraini authorities should initiate comprehensive, meaningful and lasting constitutional and legal reforms that establish the rule of law and that fully protect the rights of Bahrainis to take part in the conduct of public affairs and to choose the form of their government,” Benarbia added.
For more information:
Saïd Benarbia, Middle East & North Africa Senior Legal Adviser, ICJ, t +41 22 979 3817; e-mail: said.benarbia(at)icj.org
Sep 7, 2012 | Comunicados de prensa, Noticias
Comunicado de prensa sobre la estrategia de desprestigio que sufren jueces y fiscales que luchan contra la impunidad.
Los días 3 al 6 de septiembre de 2012, la CIJ llevó a cabo entrevistascon el Pleno de la Corte Suprema de Justicia, la Fiscal General, abogados litigantes, fiscales, jueces, con la Asociación de Jueces y Magistrados del Organismo Judicial (AJMOJ), Colegio de Abogados y con diferentes organizaciones de la Sociedad Civil, con el objeto de recabar información acerca de la estrategia de desprestigio que sufren jueces y fiscales que luchan contra la impunidad en Guatemala y de las actuaciones judiciales que se están llevando a cabo para investigar y castigar los crímenes cometidos durante el conflicto armador o.
Guatemala-pronunciamento CIJ-press release-2012-spa (full text in pdf)