Aug 17, 2015 | News
The ICJ today condemned the promulgation of the Counter-Terrorism Law by the Egyptian President, Abdel Fattah el-Sisi, as a new, repressive move that would erode the rule of law and brush aside fundamental legal and human rights guarantees.
Calls to revise the draft Counter-Terrorism Law by the ICJ and other international and national human rights organizations and stakeholders, including Egypt’s quasi-governmental National Human Rights Council, were disregarded.
“The promulgation of the Counter-Terrorism Law by President el-Sisi expands the list of repressive laws and decrees that aim to stifle dissent and the exercise of fundamental freedoms,” said Said Benarbia, Director of the ICJ’s Middle East and North Africa Programme.
“Egypt’s authorities must ensure the law is not used as a tool of repression and, to this end, comprehensively revise it so that it fully complies with international human rights law and standards,” he added.
In a position paper published on 9 July, the ICJ detailed how the law is inconsistent with, and in numerous ways violates, Egypt’s obligations under international law, including those relating to the right to life, the right to liberty and not to be subjected to arbitrary detention, the right to privacy, and fair trial rights.
Further, the law gives state officials broad immunity from criminal responsibility for the use of force in the course of their duties, including the use of lethal force when it is not strictly necessary to protect lives, grants sweeping surveillance and detention powers to prosecutors, entrenches terrorism circuits within the court system (which have in the past frequently involved fair trial violations), and grants the President far-reaching, discretionary powers to “take the necessary measures” to maintain public security, where there is a “danger of terrorist crimes.”
Contact:
Alice Goodenough, Legal Adviser, ICJ Middle East and North Africa Programme, t: +44 7815 570 834; e: alice.goodenough(a)icj.org
Nader Diab, Associate Legal Adviser, ICJ Middle East and North Africa Programme, t: +41 229 793 804; e: nader.diab(a)icj.org
Egypt-Counter-Terrorism Law Promulgated-News-Press releases-2015-ARA (full text in pdf, ARABIC)
Aug 14, 2015 | News
Today, on the second anniversary of the killing by the armed and security forces of more than 1,000 individuals during the dispersal of the Rabaa’ Al-Adawyia and Al Nahda Square sit-ins, the ICJ calls on the Egyptian authorities to end its policy of impunity for serious human rights violations.
The authorities must conduct thorough, effective, independent and impartial investigations into protestor deaths with a view to holding to account all those responsible for unlawful killings and other human rights violations committed in the course of the demonstrations, the ICJ says.
“It is a measure of the total disregard for victims’ rights and the absolute impunity of the armed and security services that in the two years that have passed, no effective investigations in line with international standards have taken place and not a single person has been brought to justice for the mass killings of protestors,” said Said Benarbia, Director of the ICJ’s Middle East and North Africa Programme.
“The victims of human rights violations and their family members have been left without any effective remedies or reparation, including an acknowledgment by the Egyptian authorities of their responsibility for the hundreds of killings and injuries that day,” he added.
Although fact-finding initiatives were conducted by Egypt’s quasi-governmental National Human Rights Council and by a government-appointed commission, the ICJ considers these investigations to be deeply flawed and ineffective.
The ICJ says both had inadequate access to first hand or physical evidence from the scene, because they did not begin their work until weeks or months after the events took place; lacked the ability to compel State authorities to testify and provide evidence; failed to document the full extent of human rights violations that took place; and neither led to any form of criminal investigation, much less prosecution of those responsible for these violations.
Further, while the government-appointed commission found that over 700 people had been killed during the Rabaa’ and Nahda dispersals, the shambolic report it issued dedicated just 9 pages to these two dispersals, concluding summarily and without substantiation that the police had been justified in violently dispersing the protest and blaming primarily the organizers of the sit-ins as well as the protestors for the high death toll.
There are credible allegations that in dispersing these demonstrations the armed and security forces unlawfully resorted to excessive and disproportionate use of force, the ICJ adds.
“By turning a blind eye to gross human rights violations committed by the armed and security forces, and by shielding their members from any form of criminal accountability, the Egyptian authorities are fostering the structural impunity that prevails in Egypt instead of combatting it,” said Benarbia.
“To meet their obligations under international law, the authorities must dismantle such policies and practices and establish the truth about the sit-ins’ dispersal,” he added.
Under international law lethal force may never be used unless strictly necessary to protect life.
States are obliged to provide access to an effective remedy and reparation to victims of human right violations.
They are also required to conduct prompt, thorough and impartial investigations, with a view to holding criminally accountable persons responsible for serious human rights violations, particularly those involving a denial of the right to life.
Contact:
Alice Goodenough, Legal Adviser of the ICJ Middle East and North Africa Programme, t: +44 7815 570 834; e: alice.goodenough(a)icj.org
Nader Diab, Associate Legal Adviser of the ICJ Middle East and North Africa Programme, t: +41 229 793 804; e: nader.diab(a)icj.org
Egypt-Impunity Rabaa Sq-News-Press releases-2015-ARA (full text in pdf, ARABIC)
Jul 28, 2015 | News
The ICJ today expressed its serious concerns about the trial, conviction and sentencing to death of Saif al Islam Gadhafi, Abdallah al Senussi, as well as seven officials of the Gadhafi regime by the Tripoli Criminal Court.
The ICJ is deeply concerned that the trial of the officials of the Gadhafi regime failed to scrupulously respect the guarantees of fair trial as required by Article 14 of the International Covenant on Civil and Political Rights, to which Libya is a state party.
The imposition of the death penalty following such an unfair trial violates the right to life.
The ICJ opposes the death penalty in all circumstances as a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.
“Libyan authorities must comply with their obligations under international law, refrain from implementing the death sentences against Saif al Islam and 8 former Libyan officials, and ensure that all defendants are retried before an independent and impartial tribunal and in full compliance with international fair trial standards,” said Said Benarbia, Director of the MENA programme at the ICJ.
“The trial is a lost opportunity to make a break from decades of unfair trials in Libya. It is also a missed opportunity to establish the truth about the legacy of alleged gross human rights violations committed during the 40-year reign of Moammar Gadhafi, including summary executions, enforced disappearances, torture and other ill-treatment, and arbitrary detention,” Benarbia added.
Fair trial violations included severe limitations on the defendants’ rights to access a lawyer, to adequate time and facilities to prepare a defence, and to be represented and communicate with a lawyer of their own choosing, the ICJ says.
23 other defendants were sentenced to prison terms ranging from life imprisonment to 5 years.
The charges against the officials included: “murdering and bombarding civilians during the 2011 revolution,” “inciting, participating and assisting in the murder of Libyans,” “recruiting mercenaries and establishing brigades and then providing them with weapons, uniforms and money to fight the protesters.”
Some defendants, including Saif al Islam Gadhafi, who continues to be held in militia custody in Zintan, were not present during the trial, though were connected by video link at times.
The ICJ is also concerned that the defendants’ rights to appeal are limited in numerous ways.
Convictions by the Tripoli Criminal Court will be reviewed before the cassation chamber of the Supreme Court.
The chamber only examines the proper application of the law by the lower courts and does not review the merits of the case.
In accordance with Libya’s obligations under international law, including the ICCPR, the defendants have the right to have their convictions and sentences reviewed by an independent higher tribunal.
Such review must concern both the legal and material aspects of the defendants’ convictions and sentences.
The ICJ is concerned that political and security instability in Libya continues to undermine the ability of the judiciary to function and administer justice independently and impartially.
In reviewing the situation in the context of the Saif al Islam Gadhafi case, the International Criminal Court (ICC), expressed concern about the inability of the judicial and governmental authorities to obtain testimony or to provide witness protection.
It found that Libya was unable to conduct a fair prosecution and trial of Gadhafi.
The ICC issued a warrant for his arrest to answer allegation of crimes against humanity.
The ICJ calls on the Libyan authorities to annul the unfair proceedings; to fully cooperate with, and surrender Saif al Islam Gadhafi to the ICC; and to ensure the fair re-trial of the other accused.
Contact:
Doireann Ansbro, Associate Legal Adviser, ICJ Middle East and North Africa Programme, t: +216 71 841 701, e: doireann.ansbro(a)icj.org
Libya-Saif Gadhafi sentence-News-Press releases-2015-ARA (full text of press releases in Arabic, PDF)
Photo: Ahmed Jadallah / Reuters
Jul 23, 2015 | News
The ICJ today called on the Tunisian authorities to amend the deeply flawed draft Counter-Terrorism and Money Laundering law with a view to ensuring its full compliance with international standards.
“Tunisian authorities have obligations under international law to protect individuals under their jurisdiction against all acts of terrorism,” said Said Benarbia, Director of the Middle East and North Africa Programme at the ICJ.
“At the same time, all counter-terrorism measures must fully respect human rights guarantees and the rule of law,” he added.
The draft Counter-Terrorism and Money Laundering law, revised since it was first introduced last year, was revived following a series of attacks against members of the security forces and the army and the deadly Bardo Museum (photo) attack on 18 March 2015.
In response to the killing of 38 tourists in Sousse on 26 June and the following declaration of a state of emergency on 4 July 2015 by the Tunisian President, the Tunisian Assembly of the People’s Representatives has accelerated the process of discussing and adopting the Draft Law.
The Draft Law criminalizes a wide range of acts through overbroad and imprecise definitions of terrorism and terrorism-related acts.
Such definitions could potentially have the effect of criminalizing activities not actually related to terrorism, or even the lawful and peaceful exercise of fundamental rights and freedoms, including the right to freedom of expression, the ICJ says.
The ICJ is particularly concerned that the draft law grants, in its article 68, immunity from criminal prosecution for security forces, outside cases of self-defence, when using force in the course of their duties.
This provision requires amendment to ensure that it does not immunize use of force that violates the right to life in violation of international law and standards, including for instance intentional use of lethal force when it is not strictly unavoidable in order to protect life, the Geneva-based organization adds.
“The draft law should not dilute the specificity of terrorist acts by drawing ordinary crimes within the scope of the counterterrorism legislation, nor should it be used as a tool to shield members of security forces from accountability in cases of human rights violations committed in the course of their functions,” Benarbia said.
Furthermore, the bill contains provisions that could potentially result in undue prosecution of whistleblowers and journalists, or otherwise disproportionally limit the freedoms of expression and information in violation of international law, the ICJ notes.
A number of offences under the Draft Law are punishable with the death penalty.
The ICJ opposes the death penalty in all circumstances as a violation of the right to life and the prohibition of torture and other cruel, inhuman or degrading punishment.
The Draft Law also creates an exceptional regime for police custody, allowing the prosecutor to order up to a period of 15 days of detention (articles 37 and 39) without access to a lawyer or a judge, in violation of the right to liberty, fair trial guarantees, and guarantees for the prevention of torture and other abuses in detention.
It further provides for extensive infringements of the right to privacy through various forms of surveillance, and potentially breaches lawyers’ duties of confidentiality in ways that have not been justified.
“In reviewing and approving the Draft Law, members of the Assembly must ensure that it is fully in line with Tunisia’s obligations under international law, including those relating to the right to life, to liberty and to a fair trial,” Benarbia added.
Contact
Theo Boutruche, Legal Adviser of the ICJ Middle East and North Africa Programme, t: +96 170 888 961 ; e: theo.boutruche@icj.org
Tunisia-Counter Terrorism Draft Law-2015-ARA (Full text in Arabic, PDF)
Jun 29, 2015 | News
The ICJ calls on the UN Human Rights Council and the Security Council to respond to the findings of the Independent Commission of Inquiry on the 2014 Gaza Conflict, and fully implement all its recommendations.
This should be done with a view to ensuring accountability, including effective remedy and reparation, for all violations of international humanitarian law and human rights abuses committed by the Israeli Defence Forces (IDF) and by Palestinian armed groups, the ICJ says.
The ICJ further calls on the Human Rights Council to establish an independent mechanism to monitor the implementation of the Commission’s recommendations by both parties.
“Israeli and Palestinian authorities must break the chronic cycle of impunity in the Israeli-Palestinian conflict. All credible evidence of war crimes, such as the Commission of Inquiry has highlighted, must be properly investigated,” said Said Benarbia, Director of the ICJ MENA Programme.
“No one who is responsible, whether military or civilian and regardless how high their office, can be allowed to escape justice,” he added.
The Report published last week, and discussed today at the Human Rights Council, documents serious violations of international law and human rights abuses committed during the conflict, such as indiscriminate attacks, including disproportionate attacks, and direct attacks against civilians and against civilian objects that are not justified under the International Humanitarian Law.
The Commission found that artillery and other explosive weapons had been used in densely populated areas, that entire neighborhoods in Gaza had been destroyed, and that unguided rockets had been used.
As indicated by the Commission, some of those acts may constitute war crimes.
To date, both Israeli and Palestinian authorities have failed to meet their obligations under international law to effectively investigate the violations and to prosecute anyone criminally responsible.
Investigations and criminal proceedings initiated by the IDF’s Military Advocate General (MAG), which is also involved in the planning and execution of the IDF’s military operations, fall short of international standards including in relation to independence and impartiality.
No criminal investigations into violations and abuses committed by Palestinian armed groups appear to have been initiated by the Gaza authorities.
The ICJ calls on both authorities to provide for effective, independent and impartial investigation mechanisms in line with international standards.
Absent such reforms, international justice mechanisms can and should fill accountability and remediation gaps where domestic authorities are unwilling or unable to effectively administer justice.
“Israeli and Palestinian authorities must reform the framework for their current investigations and prosecutions. They must also fully cooperate with international accountability mechanisms, including the preliminary examination initiated by the International Criminal Court,” Benarbia said. “The aim throughout must be to make known the truth about the violations, to identify and hold those responsible to account, to ensure victims’ rights, and to prevent any recurrence.”
Contact:
Theo Boutruche, Legal Adviser of the ICJ Middle East and North Africa Programme, tel: +33 670735747, e-mail: theo.boutruche(a)icj.org
POT-UN Report Gaza -News-Press release-2015-ARA
