Nov 5, 2019 | News
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)
Oct 19, 2019 | Events, News
On 18 October, Scuola Superiore Sant’Anna, Juezas y Jueces para la Democracia and the ICJ held a a closed-door roundtable discussion in Madrid on the impact of the application of counter terrorism legislation on freedom of expression and association: implementing the EU Directive 2017/541 on combating terrorism.
The discussion took place in the framework of the EU funded project “Judges Uniting to Stop Terrorism with International, Constitutional and European law (JUSTICE) project”.
Judges, prosecutors and lawyers from 10 EU countries shared their practices and experiences in the implementation of the EU Directive 2017/541 on combating terrorism and the application of counter-terrorism legislation and its impact on freedom of expression and association, including humanitarian work within the different legal systems of the European Union (EU) Member States.
The discussion covered the offences of glorification of terrorism and apology for terrorism and its different implementation in various jurisdictions and how legal certainty and proportionality can be ensured. The roundtable further focused on the freedom of expression on-line and the impact of the application of counter-terrorism law on freedom of association and legitimate activities, including humanitarian assistance. These practices were be assessed in light of international human rights law principles in order to identify best practices that could be promoted throughout the EU.
This was a third out of four round-tables organized within this project between April and November 2019 by the ICJ and partners.
See the agenda here.
Oct 18, 2019 | News
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 18 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.
Contact:
Massimo Frigo, Senior Legal Adviser, t: +41 22 979 38 05 – e: massimo.frigo(a)icj.org
Oct 14, 2019 | Advocacy, Non-legal submissions
The ICJ has presented information to the UN Committee against Torture in preparation for the Committee’s examination of the fifth periodic report of Uzbekistan under the International Covenant on Civil and Political Rights (ICCPR).
In its submission, the ICJ addresses Uzbekistan’s legislation on extradition, its potential discrepancies with international law.
The ICJ welcomes the recent ratification of the Commonwealth of Independent States (hereafter, “CIS”) Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters 2002, known as the Chisinau Convention, as a positive step towards the compliance of the country’s extradition system with international standards
In it report, the ICJ formulates the following recommendations to Uzbekistan:
- Fully implement human rights and procedural safeguards and guarantees in extradition proceedings or in connection with other types of transfers, and interpret and apply such safeguards in accordance with Uzbekistan’s international human rights law obligations. In particular, Uzbekistan should take all necessary measures to fully implement the human rights guarantees featured in the Chisinau Convention into its domestic legislation.
- Implement the necessary reforms to give judicial authorities the central decision-making role in extradition proceedings, and ensure their full independence both at an institutional and personal level, in law and in practice. Extradition decisions should be taken by prosecutors only if they enjoy the same level of independence as judges, in law and in practice.
- Ensure that individuals extradited to face trial in Uzbekistan courts are awarded the full protection of the Convention.
- Take effective measures to prevent torture and other forms of ill-treatment, including by ensuring compliance with the non-refoulement principle in extradition proceedings.
- Carry out effective, independent and impartial investigations with a view to identifying persons directly and indirectly responsible for rendition operations and abduction practices, as they violate human rights and involve crimes under international law. Those responsible should be prosecuted, tried and, if convicted, sentenced to punishments commensurate with the gravity of their crimes, and to appropriate administrative sanctions to ensure non-repetition.
Uzbekistan-CAT-Advocacy-non legal submission-2019-ENG (download the submission in English)
Oct 12, 2019 | Agendas, Events
Today begins in Izmir (Turkey) a one-day workshop for lawyers and CSO practitioners on the use and strategies of UN mechanisms and of their decisions in domestic courts.
This event is organized by ICJ, in cooperation with its partners Kapasite Geliştirme Derneği and Human Rights Joint Platform, as part a/the EU co-financed project Rebuilding and Ensuring Access to justice with civil society in Turkey.
30 lawyers and civil society practitioners are taking part in the workshop on 12 October in Izmir.
The workshop aims at discussing the functioning of the UN human rights mechiansms (treaty bodies and charter-based bodies) as well as their follow up procedures and the implementation of their decisions in the domestic legal framework in Turkey.
The workshop will provide presentations on the functioning of UN mechanisms by international expert, including from OHCHR, on the value of UN decisions under Turkish law, as well as discussions and brainstorming on how to use UN decisions in Turkey.
The project is funded by the European Instrument for Democracy and Human Rights (EIDHR) of the European Union.
Turkey-Workshop-Agenda-UNmechanisms-Izmir-2019-eng (download the agenda in English)
Turkey-Workshop-Agenda-UNmechanisms-Izmir-2019-tur (download the agenda in Turkish)
