Turkey : IBAHRI and ICJ observe criminal trial on “Gezi Park” protests

Turkey : IBAHRI and ICJ observe criminal trial on “Gezi Park” protests

The ICJ and the International Bar Association’s Human Rights Institute (IBAHRI) have jointly sent an international observer to attend the third hearing of the criminal trial on the “Gezi Park” protest at the Silivri Prison Courthouse in Istanbul, scheduled to take place on 8 and 9 October 2019.

The ICJ and IBAHRI observer will be monitoring a trial hearing before İstanbul 30th Assize Court with prinicipal defendant Osman Kavala, and 15 others; Ali Hakan Altınay, Ayşe Mücella Yapıcı, Ayşe Pınar Alabora, Can Dündar, Çiğdem Mater Utku, Gökçe Yılmaz, Handan Meltem Arıkan, Hanzade Hikmet Germiyanoğlu, İnanç Ekmekci, Memet Ali Alabora, Mine Özerden, Şerafettin Can Atalay, Tayfun Kahraman, Yiğit Aksakoğlu and Yiğit Ali Ekmekçi.

The observer will report directly to the IBAHRI and ICJ Secretariats on the proceedings following the mission.

The Gezi Park protests began in May 2013 as an effort by a group of environmentalists to save a park in central Istanbul from being rezoned, but soon turned into nationwide demonstrations.

The protest was quelled by police with the use of tear gas and water cannons against the protesters in Taksim Square. Following a six-year investigation into the events, the 657-page indictment issued by the Istanbul Chief Public Prosecutor’s Office was accepted by the 30th A Court in Istanbul on 4 March 2019.

The defendants are to be charged under Turkish Criminal Code Article 312 (attempt to overthrow the Turkish Government or attempt to prevent it from fulfilling its duties), Article 151 (damage to property), Article 152 (qualified damage to property), Article 174 (possession or exchange of hazardous substances without permission), Article 153 (damaging places of worship and cemeteries), Article 149 (qualified robbery),  Article 86 (intentional injury); crimes under the Law on Firearms, Knives and Other Tools no. 6136, and crimes under the Law on Protection of Cultural and Natural Assets no. 2863.

The total sentence asked for by the prosecution for these offences amounts to approximately 47,520 years imprisonment.

Contact:

Massimo Frigo, Senior Legal Adviser, t: +41 22 979 38 05 – e: massimo.frigo(a)icj.org

Egypt – authorities must release hundreds of persons detained for exercising their fundamental freedoms

Egypt – authorities must release hundreds of persons detained for exercising their fundamental freedoms

The ICJ today called on the Egyptian authorities to respect and protect the right of Egyptians to the freedom of expression, association and assembly, and ensure that all those arbitrarily detained over the past week in the context of recent protests against President Abdel Fattah Al-Sisi’s rule are immediately and unconditionally released.

On 26 September, the Office of the Public Prosecutor issued a statement confirming the detention of more than 1000 people following their “participation in protests” and “confessions” that their participation is related to “their dissatisfaction with the economic situation in the country,” and “opposition to the regime.”

Documentation by local NGOs indicates that as many as 2000 people may have been arrested, and that most of them were charged with “belonging to a ‘terrorist group’ and “distributing false information through social media aiming at disturbing the public order and opinion.”

“Egyptians taking to the street in protest are defying six years of Sisi’s government rampant corruption, relentless repression, and systematic dismantling of the rule of law and accountability safeguards,” said Said Benarbia, ICJ MENA Director.

Benarbia added, “By filling prisons with those purportedly dissatisfied with the situation in the country, Egypt’s prosecutors and judges are acting, yet again, as a docile tool of repression rather than a shield against the military’s crackdown on human rights and fundamental freedoms.”

As the country braces for new protests today, the ICJ is deeply concerned that Egyptian laws place overly restrictive limitations on the exercise of the right to freedom of assembly and give security forces sweeping powers to disperse protests, including by using lethal force when it is not strictly necessary to protect lives.

Six years after the killing by the armed and security forces of more than 1,000 individuals in the context of the dispersal of the Rabaa’ Al-Adawyia and Al Nahda Square sit-ins, the ICJ notes that not a single person has been brought to justice for the mass killings of protestors.

“Egyptian security and armed forces have a long history of recourse to unlawful and disproportionate use of force, including firing with live ammunition into crowds,” said Benarbia.

“They must comply with Egypt’s obligations under international law and guarantee the rights of protesters to life, to be free from torture and other ill-treatment, and to freedom of assembly, association and expression,” added Benarbia.

Contact:

Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org

Download:

Egypt-free detainees-News-Press releases-2019-ARA (press release in Arabic, PDF)

Tajikistan: event on accountability for ill-treatment in detention: law, practice, solutions

Tajikistan: event on accountability for ill-treatment in detention: law, practice, solutions

Today, the International Commission of Jurists (ICJ) in cooperation with the Civil Society Coalition Against Torture and Impunity in Tajikistan and the Union of Lawyers of the Republic of Tajikistan hold the final event within the framework of its Global redress and accountability initiative.

This event presents an opportunity to discuss measures to prevent impunity and ensure accountability for the use of torture and cruel, inhuman and degrading treatment (CIDT) in Tajikistan.

The findings of the research on the key challenges for effective investigation of torture and CIDT, carried out by the Coalition Against Torture under the initiative, will be presented at the event. The ICJ will launch its compilation of the cases decided by the UN Human Rights Committee concerning allegations of torture in Tajikistan.

Background information:

The ICJ’s Global redress and accountability initiative focused on seven countries (Cambodia, Mozambique, Myanmar, Nepal, Tajikistan, Tunisia and Venezuela) and it aimed to combat impunity and promote redress for gross human rights violations.

It concentrates on the transformative role of the law, justice mechanisms and justice actors, seeking to achieve greater adherence of national legal and institutional frameworks with international law and standards so as to allow for effective redress and accountability; more independent justice mechanisms capable of dealing with challenges of impunity and access to redress; and judges, lawyers, human rights defenders, victims and their representatives that are better equipped to demand and deliver truth, justice and reparation.

Agenda here.

HDIM 2019: A closed session for representatives of Bar Associations

HDIM 2019: A closed session for representatives of Bar Associations

The ICJ in cooperation with a number of other leading international NGOs has organised a discussion on key challenges and opportunities for the legal profession in a number of CIS countries. The discussion aimed to share the experience of bar associations in achieving greater independence from the governmental authorities and any other undue influences.

The participants have shared their legislation and practices, specific challenges and lessons learned in taking steps to achieve institutional sustainability and independence to date, and opportunities for the legal profession, domestically and in coordination with other associations and international NGOs, to raise awareness and build legal and practical framework to enable a stronger institutional capacity and independent functioning. In addition, the ICJ, ABA, IBA, Lawyers for Lawyers, representatives of bar associations and legal experts have discussed what steps should be taken to support these efforts.
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