Practitioners’ Guide N°12 now available in Arabic

Practitioners’ Guide N°12 now available in Arabic

Today, the ICJ published an Arabic translation of Practitioners’ Guide N°12 on Women’s Access to Justice for Gender-based Violence.

The Guide is designed to support legal practitioners and human rights defenders involved or interested in pursuing cases of gender-based violence.

It provides information about regional and international law and standards relevant to gender-based violence, advice on implementing these standards as part of domestic law reform and examples of existing good practice in seeking protection for women.

The Guide (Arabic version here) also addresses the practical issues that are faced by women who have been subject to gender-based violence and the steps that are necessary to secure their access to justice in practice. It considers women’s experiences of the criminal justice system and reflects on how the justice system deals with women’s safety and need for access to services beyond legal assistance.

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Universal-Womens accesss to justice-Publications-Practitioners’ Guide Series-2019-ARA (full guide, in PDF)

Algeria: reverse mass, arbitrary transfer of judges

Algeria: reverse mass, arbitrary transfer of judges

The ICJ today called on the Algerian authorities to reverse the decision of the Minister of Justice to transfer 2’998 judges, and instead ensure their right to security of tenure and protect the individual and institutional independence of the judiciary in the country.

The ICJ further called on the authorities to refrain from any unlawful or disproportionate use of force against the judges who are currently on strike in a protest against the Minister’s decision.

The call comes after security forces stormed the Oran’s Court of Appeal on 3 November 2019, using force against the judges to end the strike, and amidst the growing, legitimate demands for the establishment of the rule of law and the end the executive’s control over the judiciary.

“The Algerian authorities must end their interference in judicial affairs and ensure that all decisions pertaining to the management of the career of judges, including transfers, are taken by an independent High Judicial Council on the basis of objective criteria and transparent procedures,” said Said Benarbia, Director of ICJ’s Middle East and North Africa Programme.

Under Organic Law n° 04-12 on the High Judicial Council (HJC), the President and Vice-President of the HJC are respectively the Algerian President and the Minister of Justice. For this and other reasons the ICJ considers that the HJC as currently constituted is not independent of the executive, and consequently that the judiciary as a whole is both institutionally and in practice subordinated to the executive in contravention of international standards on judicial independence and impartiality.

“Instead of attacking judges who are seeking to defend the rule of law, the most urgent priority for Algerian authorities should be the reform of the HJC to ensure its full independence,” Benarbia added.

In 2018, the Human Rights Committee expressed, in its Concluding Observations on the fourth periodic report of Algeria, its concerns over the insufficient guarantees for judicial independence and the need to strengthen the independence and the powers of the HJC.

Contact:

Said Benarbia, Director of ICJ’s Middle East and North Africa Program, t: +41 22 979 38 17 ; e: said.benarbia(a)icj.org

Algeria-Judges strike-News-2019-ARA (Arabic version, in PDF)

Egypt: lawyer and human rights defender Gamal Eid must be protected from attack

Egypt: lawyer and human rights defender Gamal Eid must be protected from attack

The ICJ today condemned the physical assault and acts of threats and intimidation taken against its Commissioner Gamal Eid, a prominent Egyptian lawyer and human rights defender.

The ICJ called on the Egyptian authorities to investigate the attacks and bring those responsible to justice. They should also take effective measures to ensure that Gamal Eid and other lawyers and human rights lawyers are protected.

Amidst the ongoing crackdown on human rights defenders and the arrest of more 4,000 individuals since recent anti-corruption protests began, Gamal Eid has been subjected to a sustained campaign of intimidation and harassment.

Two armed men in civilian clothes physically assaulted him on October 10, stole his cellphone and tried to seize his laptop. The assault resulted in injuries to his arm and leg and several cracks in his ribs.

Prior to this assault, Eid’s car was stolen on 30 September and he has repeatedly received anonymous phone calls and messages ordering him to “stop and behave.”

The ICJ believes these attacks to be related to Eid’s work as a lawyer and to his human rights activities, and are part of a pattern by the Egyptian military and government to silence people suspected of opposing them, including those documenting and reporting on the ongoing crackdown on human rights and fundamental freedoms.

“Instead of resorting to cynical, thuggish tactics to silence Gamal Eid, Egypt’s military and government must act to ensure his safety and physical integrity,” said Said Benarbia, Director of ICJ’s Middle East and North Africa Program.

“ They must also ensure that lawyers and human rights defenders are able to carry out their work free of fear, harassment or intimidation,” he added.

In the context of the recent protests against President El-Sisi, the Egyptian security forces have arbitrarily detained at least 16 lawyers in relation to the exercise of their professional functions, including Mahienour El-Massry and Mohamed El-Baqer.

Amr Imam, a lawyer and colleague of Gamal Eid at Arabic Network for Human Rights Information was also arrested on 16 October 2019.

The threats to, attacks against, and arbitrary detention of Egyptian lawyers and human rights defenders are in contravention with Egypt’s obligations under international law, and run counter to the UN Basic Principles on the Role of Lawyers and the UN Declaration on Human Rights Defenders, which respectively provide that lawyers and human rights defenders must be able to carry out their professional functions and work without hindrance, harassment, intimidation, or improper interference.

Contact:

Said Benarbia, Director of ICJ’s Middle East and North Africa Program, t: +41 22 979 38 17 ; e: said.benarbia(a)icj.org

Egypt-Gamal Eid-News-press releases.2019-ARA (Arabic version, in PDF)

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