Jun 4, 2021 | News
(Istanbul, June 4, 2021) – The Council of Europe should insist that Turkey comply immediately with judgments from the European Court of Human Rights (ECtHR), or face infringement proceedings, a group of leading nongovernmental organizations working on human rights in Turkey said today.
An upcoming Council of Europe Committee of Ministers meeting on June 7-9, 2021, will review the Turkish government’s failure to implement two leading ECtHR judgments that ordered the immediate release of the human rights defender Osman Kavala and the Kurdish politician Selahattin Demirtaş. Human Rights Watch, the International Commission of Jurists, and the Turkey Human Rights Litigation Support Project urged the committee to use all available measures to require Turkey to rectify its flagrant non-compliance with its obligations, the court judgments, and the committee’s decisions on this matter.
“The Committee of Ministers should be using every means it has to push Turkey to implement the Kavala and Demirtaş judgments,” said Aisling Reidy, senior legal adviser at Human Rights Watch. “That means that the committee should be prepared to trigger infringement proceedings against Turkey if it persists with its defiance of the European Court’s binding judgment in favor of Kavala, and to call for the immediate release of Demirtaş with a commitment to escalate measures if it does not happen.”
The three groups repeated their March 2021 call for the committee to commence infringement proceedings against Turkey for flouting its decisions requesting Kavala’s release and urged the committee to issue a second decision for Demirtaş’s immediate release. The committee should also make clear that if Demirtaş is not released, it will take further action at its September session.
The ECtHR ruled on December 10, 2019, that by holding Kavala in pretrial detention since November 2017 and prosecuting him on the basis of his human rights activities, the Turkish authorities had “pursued an ulterior purpose, namely to silence him as a human rights defender.”
Similarly, the ECtHR ruled on December 22, 2020, that by holding Demirtaş in pretrial detention since November 2016 and prosecuting him for his activities and speeches protected under the European Convention on Human Rights (ECHR), the Turkish authorities had pursued an ulterior purpose of preventing him from carrying out his political activities, depriving voters of their elected representative, and “stifling pluralism and limiting freedom of political debate: the very core of the concept of a democratic society.”
In both cases, the Court found that by using detention for political ends, Turkey had violated the right to liberty and other rights, and had misused the discretion given to governments to impose limitations on rights for illegitimate purposes (articles 5 and 18 of the ECHR respectively). The Court took the rare step of ordering their immediate release.
Despite the fact that the landmark judgments are legally binding, the Turkish authorities have snubbed the Strasbourg court and ignored the Committee of Ministers’ decisions calling for the men’s release.
“Turkish prosecutors and judges have sought to circumvent the authority of the European Court by adopting the tactic of opening new criminal proceedings against Kavala and Demirtaş based on the reclassification of the same facts,” said Helen Duffy of the Turkey Human Rights Litigation Support Project “This cynical non-compliance with the court’s judgments requires a robust response from the Committee of Ministers.”
On May 21 when the retrial of Kavala for his alleged role in the 2013 Gezi Park protests opened, Turkish authorities merged that case with another concerning his alleged involvement in the 2016 coup attempt and espionage. The Istanbul 30th Assize Court hearing the case extended his detention. The next hearing against Kavala is scheduled for August 6.
In Demirtaş’s case, Ankara 22nd Assize Court on April 19 merged an existing case against him with a new case before it despite the fact that it involved the same or similar facts, which the European Court had held consisted of peaceful political speeches and activities protected under the ECHR. In the new case, the facts used as the evidence have been reclassified under different charges.
The indictment now charges Demirtaş and 107 co-defendants with crimes that include attempting to undermine the unity and territorial integrity of the state, murder, and robbery, all on the basis of tweets and political speeches they made in the period before deadly protests that took place in southeast Turkey from October 6-8, 2014. Demirtaş’s co-defendants include current and former members of parliament from the Peoples’ Democratic Party (HDP). The first hearing of the merged cases against Demirtaş took place on April 26. The next hearing is scheduled for June 14.
Read the full press release here: Turkey Flouts European Court Judgments_press release_2021_ENG
Jun 4, 2021 | Agendas, Events, News
Scuola Superiore Sant’Anna, in collaboration with the International Commission of Jurists (ICJ), is organizing an online Summer School on the “Family life and rights of migrant children in the European Union” on 23-25 June, 15-16 and 19-20 July 2021.
It will provide training on the right to private and family life of migrant children within the international and regional framework of human rights and EU law, and current challenges in protecting the rights of migrant children, including in the context of Covid-19. The lectures of the Summer School will also touch upon the EU’s Pact on Migration and Asylum of 2020 and the EU Strategy on the Rights of the Child 2021-2024.
The Summer school will be held in English and is open to professionals, academics, and students who would like to deepen their knowledge of the topic. Participants will be provided with relevant teaching materials which were developed in the FAIR project coordinated by the ICJ on fostering migrant children’s access to rights.
Enrolment must be made by application submitted online by 15 June 2021 and is limited to 40 participants. An early bird discount applies to candidates who register before 6 June 2021, while an exemption from enrolment fees applies to 5 foreign students who are beneficiaries of international protection (refugees and subsidiary protection holders).
See more details and the full agenda here: MARS summer school_brochure
Jun 3, 2021 | News, Uncategorized
A recent series of attacks and growing pressure on journalists who criticize the Pakistan government is a cause for serious concern, Human Rights Watch, Amnesty International and the ICJ said today. Those suspected of criminal responsibility should be promptly and fairly prosecuted.
The Pakistan government should conduct prompt, impartial and effective investigations into the recent number of attacks on journalists. The government should rescind official policies that protect the authorities from criticism and instead promote space for public debate and free expression, in the face of threats from extremist groups and government officials.
“The frequency and audacity with which journalists are being attacked in Pakistan is appalling,” said Brad Adams, Asia director at Human Rights Watch. “The Pakistani authorities should bring those responsible for these attacks to justice and ensure that all journalists can do their jobs without fear of intimidation or reprisals.”
On May 25, 2021, Asad Ali Toor, a journalist, was assaulted by three unidentified men who forcibly entered his apartment in Islamabad. They bound and gagged Toor and severely beat him. Toor said that they identified themselves as being from a security agency, interrogated him about the “source of his funds,” and took away his cell phone and other electronic devices. The government ordered an investigation into the incident. In September 2020, the authorities charged Toor with sedition for comments made on social media “maligning state institutions.” A court later dismissed the charges.
On April 20, an unidentified assailant shot and wounded Absar Alam, a television journalist, outside his house in Islamabad. Alam has been a prominent critic of the government. In September 2020, the authorities charged Alam with sedition and “high treason” for using “derogatory language” about the government on social media.
On July 21, 2020, an unidentified assailant abducted another journalist, Matiullah Jan, in Islamabad the day before he was to appear before the Supreme Court for allegedly “using derogatory/contemptuous language and maligning the institution of judiciary.” Jan was released after a few hours. He alleged the abduction was an attempt to intimidate him. A criminal case was registered for Jan’s abduction, but, no suspects have been arrested.
“It is disturbing to see the space for dissent and providing information of public importance rapidly shrink in Pakistan, with journalists as well as human rights defenders particularly at risk of censorship, physical violence, and arbitrary detention,” said Sam Zarifi, secretary general of the ICJ.
Pakistani journalists have long faced serious obstacles to their work, including harassment, intimidation, assault, arbitrary arrest and detention, abduction, and death. As these threats have escalated, Pakistani authorities have also increasingly pressured editors and media owners to shut down critical voices. On May 29, the news channel, Geo, “suspended” Hamid Mir, one of Pakistan’s best-known television talk show hosts, after Mir spoke at a protest in solidarity with Asad Toor.
Other media outlets have come under pressure from authorities not to criticize government institutions or the judiciary. In several cases in recent years, government regulatory agencies blocked cable operators and television channels that had aired critical programs. In 2020, Pakistan ranked ninth on the Committee to Protect Journalist’s annual Global Impunity Index, with at least 15 unsolved killings of journalist since 2010.
In July 2020, the Pakistan Electronic Media Regulatory Authority (PEMRA) ordered 24NewsHD, a television news channel, off the air indefinitely for the alleged “illegal transmission of news and current affairs content.” Journalists and opposition activists alleged that the channel was being punished for airing criticism of the government.
In August 2020, a group of leading women journalists issued a statement condemning a “well-defined and coordinated campaign” of social media attacks, including death and rape threats against women journalists and commentators whose reporting has been critical of the government.
“If the authorities are committed to uphold their human rights obligations, they must take decisive steps against censorship, harassment and violence against journalists,” said Dinushika Dissanayake, South Asia deputy regional director at Amnesty International. “For that, continued impunity must be dismantled.”
Contact
In Brussels, for Human Rights Watch, Patricia Gossman: +32-472-982-925; or +1-347-322-8638 (WhatsApp); or gossmap@hrw.org. Twitter: @pagossman
In Geneva, for the International Commission of Jurists, ICJ Asia-Pacific Communications Officer, asiapacific(a)icj.org
In London, for Amnesty International, Michael Parsons: michael.parsons@amnesty.org
Jun 1, 2021 | News, Publications
European legislators should reject the Screening Regulation proposal and revise the amended Asylum Procedures Regulation proposal that were proposed as part of the European Union Pact on Migration and Asylum. These proposals would result in the prolonged detention of migrants and refugees, said the International Commission of Jurists (ICJ) in a briefing paper released today.
“These proposals would result in impermissible detention of people not having committed any crime including those fleeing danger and seeking safety in the European Union in violation of international law, and would be especially cruel for children, who should not be detained at all,” said Karolína Babická, Legal Adviser at the ICJ.
The briefing paper published today comments on two proposals of the EU Pact, focusing on the impact of the new proposals on immigration detention and deprivation of liberty, providing recommendations to co-legislators in relation to the proposed EU Screening Regulation and the border procedures that would be established by the amended Asylum Procedures Regulation proposal.
If the proposals are adopted as proposed by the European Commission, prolonged immigration detention will inevitably result in practice, due to a lack of safeguards in the legislation. And there is a high risk of systematic detention at the border in breach of international human rights and refugee law.
In order to comply with international law obligations, detention during the screening and border procedures must only be used as a measure of last resort, applicable only in well-defined situations and based on a case-by-case assessment of the situation, while privileging alternatives to detention. Furthermore, children, as well as people in need of special procedural guarantees or with special reception needs, must not be detained.
The new EU Pact on Migration and Asylum developed by the European Commission was communicated by the Commission to other EU institutions on 23 September 2020. The Pact proposes a set of new legislation and amends existing proposals. The proposed Regulations will be directly applicable in EU Member states when adopted.
See the full briefing paper here: Detention in the EU Pact proposals-briefing-2021-ENG
Jun 1, 2021 | Advocacy, News
Thailand’s laws and practices governing the rights of land users may result in unnecessary and disproportionate restrictions on various economic, social, and cultural rights, particularly for forest dwellers and indigenous communities, the ICJ said during discussions last week with members of Thai civil society as well as government authorities.
On 28 May 2021, the ICJ co-hosted a discussion on international human rights law and standards on land rights in Thailand, with 70 members of civil society organizations, human rights lawyers, and academics in attendance. On 4 June 2021, the ICJ spoke at a discussion on the same topic, organized by Thailand’s Ministry of Justice, bringing together 80 governmental officials from several Ministries.
“Thailand’s land regulatory laws do not adequately protect the rights of indigenous people to access their ancestral lands and natural resources and to conduct cultural practices,” said Sanhawan Srisod, ICJ Legal Advisor. “We hope the Thai government will improve its general policies for land use and tenure, especially for indigenous peoples and forest dwellers, in line with its obligations under international law.”
Dr. Seree Nonthasoot, member of the UN Committee on Economic, Social and Cultural Rights (CESCR) from Thailand, spoke at both discussions to introduce participants to the International Covenant on Economic, Social and Cultural Rights (ICESCR) to which Thailand is a party and the role of the CESCR. The CESCR is a body of independent experts from across the world established by ICESCR and tasked with providing authoritative interpretations of ICESCR in its body of jurisprudence.
“The CESCR recommended [that] Thailand […] effectively remove all obstacles to enjoyment of traditional individual and communal rights by ethnic minorities in their ancestral lands […] and ensure that forced evictions are only used as a measure of last resort. These should be addressed without any further delay,” said Dr. Seree Nonthasoot.
Specific issues highlighted by participants in the discussions included:
- Prosecution and Eviction: The use of laws ostensibly designed to counter climate change and forest conservation policies and legislatures, such as the Forest Act, the National Reserved Forests Act and the National Park Act, to prosecute forest dwellers and indigenous communities for trespassing and forcibly evict them from the land belonging to national reserved forests and national parks;
- Participation and Consultation: The inadequate participatory mechanisms and consultations with people affected by land-related policies and practices, in particular the increasing use of online mechanisms as the main platforms for consultation in Thailand, despite the low rate of access to the internet among affected communities;
- Judicial Recognition: The lack of explicit judicial recognition of historical and other indigenous forms of evidence and knowledge in order to establish validity of territorial claims;
- Impact of Tourism: The impact of tourism development projects on communities’ economic, social and cultural rights in land-related contexts, including on their traditional landownership and livelihood practices;
- Compensation and Assessment: The impact of large-scale land acquisitions in areas that had already been occupied or used, without carrying out adequate impact assessments and with inadequate compensation.
Sanhawan Srisod introduced participants to the CESCR’s draft General Comment No. 26, which is open for public comment until 27 July 2021. If a revised General Comment is adopted by the CESCR, it will provide an authoritative interpretation of States’ ICESCR obligations relating to land.
At the meeting’s conclusion, participants discussed advocacy strategies to strengthen Thailand’s legal frameworks once the draft General Comment is adopted by the CESCR.
Further reading
The Human Rights Consequences of the Eastern Economic Corridor and Special Economic Zones in Thailand
Thai Companies in Southeast Asia: Access to Justice for Extraterritorial Human Rights Harms
Joint submissions by ICJ and its partners to the Universal Periodic Review (UPR)
