Jul 31, 2019 | News, Publications, Reports, Thematic reports
In a report released today on Libya’s criminal justice system, the ICJ said the United Nations, international actors and States must prioritize accountability for crimes under international law in their engagement with Libya.
This includes the establishment of a Commission of Inquiry or similar mechanism to document and report on gross human rights violations and to collect and preserve evidence of crimes for future criminal proceedings.
“The Libyan criminal justice system needs comprehensive reform to dismantle the structural impunity that prevails in the country,” said Said Benarbia, the ICJ’s MENA Programme Director.
“Rather than assuming the system is capable of ensuring justice for the egregious human rights violations and abuses still being perpetrated in Libya, international actors should establish a mechanism to monitor, report on and address these violations and prioritize human rights in any agreement with Libyan authorities,” he added.
The report Accountability for Serious Crimes under International Law in Libya: an Assessment of the Criminal Justice System finds that investigations and prosecutions of crimes under international law have been limited to a handful of cases and that future cases are unlikely meet international standards necessary to ensure fair and effective justice, in particular the rights to liberty and a fair trial and the prohibition on torture and ill-treatment.
Fragmentation in Libyan executive and legislative bodies, with the internationally recognized government unable to control significant parts of the territory, has weakened political structures and led to a precarious security situation that impedes the effective functioning of the judiciary, which has remained largely unified.
“Accountability efforts in Libya are hindered by cycles of violence, weak and ineffective law enforcement agencies, the arbitrary exercise of policing and detention powers by armed groups, and a web of amnesties, immunities and defences that shield perpetrators from justice,” said Kate Vigneswaran, the ICJ’s MENA Programme Senior Legal Adviser.
“Victims should not have to wait any longer for these obstacles to be removed and justice delivered. Peace and justice in Libya can only be achieved if the rule of law is fully established,” she added.
Since 2011, crimes under international law and other gross human rights violations, including torture and ill-treatment, enforced disappearance, enslavement and rape, have been committed by State and non-State actors on a widespread scale, including against thousands of migrants, refugees and asylum seekers arbitrarily detained.
“The recent upsurge in conflict and related commission of direct and indiscriminate attacks against civilians and mass displacement of the population makes tackling the climate of impunity vital for combating the commission of crimes,” said Benarbia.
To this end, States should fully support International Criminal Court efforts to conduct Libya-related investigations and prosecutions, including with a view to enforcing arrest warrants and bringing alleged perpetrators before the court for trial.
In her address to the Human Rights Council on 24 June, High Commissioner for Human Rights Michelle Bachelet stated that “Libya is not a port of safe return” and that “[t]he international community must come together to support pathways to sustainable peace in the country.”
Key recommendations for international actors, including UN bodies and States, include:
- The United Nations Human Rights Council should establish a Commission of Inquiry or similar mechanism, with a mandate to monitor, document, establish the facts and report on gross human rights violations in Libya, including with a view to collecting and preserving evidence of crimes under international law for future criminal proceedings before national or international courts;
- States should exercise universal jurisdiction to investigate and prosecute crimes under international law committed in Libya, including when the perpetrator is within their territory or otherwise under their jurisdiction;
- States should fully cooperate with and adequately resource the ICC to enhance its capacity to conduct its investigations and prosecutions, enforce related arrest warrants, and bring alleged perpetrators to account; and
- States and UN actors should refrain from entering into or implementing agreements with Libyan authorities, including in relation to the detention of migrants, refugees and asylum seekers and the provision of arms, where it is reasonably foreseeable that violations of rights under international law might occur.
Contact:
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Kate Vigneswaran, Senior Legal Adviser, ICJ Middle East and North Africa Programme, t: +31-62-489-4664; e: kate.vigneswaran(a)icj.org
Libya-Accountability report launch-News-Press releases-2019-ENG (full story, in English, PDF)
Libya-Accountability serious crimes-Publications-Reports-Thematic reports-2019-ENG (full report in English, PDF)
Libya-Accountability report launch-News-Press releases-2019-ARA (full story in Arabic, in PDF)
Libya-Accountability serious crimes-Publications-Reports-Thematic reports-2019-ARA (full report in Arabic, PDF)
Jul 29, 2019 | News
The Government of Nepal has failed to fulfill its commitment to provide justice for the victims of the country’s decade-long armed conflict, the ICJ, Amnesty International, Human Rights Watch, and TRIAL International said today.
The organizations echoed statements by victims and human rights groups about the Nepal government’s inaction on addressing conflict-era human rights violations, and a lack of transparency in the appointment of commissioners to the Truth and Reconciliation Commission and to the Commission on the Investigation of Enforced Disappearances.
“The lack of progress in holding perpetrators accountable for the suffering inflicted upon victims, their families and Nepali society as a whole, is appalling,” said ICJ Asia-Pacific Director Frederick Rawski.
“Nearly 13 years after the signing of the Comprehensive Peace Agreement, political leaders inside and outside of government are still playing games by politicizing the process. It is about time that they showed some courage, and took action to ensure access to justice, instead of continually looking after their own short-term self-interests,” he added.
“We have seen no evidence so far that the authorities of Nepal are serious about fulfilling their obligation to investigate conflict-era violations and bring all those suspected of criminal responsibility to justice in fair trials before ordinary civilian courts,” said Raju Chapagai, South Asia researcher at Amnesty International. “If the commitment to human rights obligations was as unflinching as claimed by Prime Minister KP Sharma Oli, the government would have acted diligently to deliver on its transitional justice responsibilities.”
After being elected in 2018, Prime Minister Khadga Prasad Oli renewed promises that the legal framework governing the transitional justice process would be brought into conformity with Nepal’s international human rights law obligations, as the Supreme Court had repeatedly directed. However, the government never amended the law, and instead pushed forward – without adequate consultation – with the establishment of a committee to recommend appointments to the transitional justice bodies.
“The failure of the government to deliver on its commitment to ensure truth, justice and reparations for the victims of conflict-era abuses shows a dismaying disregard for the protection of human rights,” said Meenakshi Ganguly, South Asia Director at Human Rights Watch.
The organizations called on the government to: 1) suspend the current process, and initiate a consultative and transparent process for the nomination and appointment of commissioners; 2) follow through on commitments to amend the 2014 transitional justice law to ensure that the legal framework is consistent with international human rights standards and Supreme Court rulings; and 3) adopt and publicize a plan for taking the transitional justice process forward.
“The legitimacy of Nepal’s transitional justice process lies both on a transparent and consultative appointment process for commissioners, and a strong legal foundation to allow the commissions to fulfil their mandate,” said Helena Rodríguez-Bronchú, Head of TRIAL International’s Nepal program. “Societal consensus is crucial for both factors.”
Amnesty International, ICJ and TRIAL International had previously submitted their analysis of the draft transitional justice legislation circulated in 2018 and had made recommendations on ensuring compliance with international human rights law. Human Rights Watch had also alerted for reform of the transitional justice law before appointing the commissioners. In April 2019, United Nations experts also wrote a joint letter to the foreign minister reminding the government of its commitment to amend the law and calling for a transparent process for appointing new commissioners after the terms of the previous commissioners expired.
Contact
Frederick Rawski, ICJ Asia-Pacific Director, t: +66 644781121 ; e: frederick.rawski(a)icj.org,
Nepal-trans just-News-Press releases-2019-NEP (story in Nepali, PDF)
Jul 18, 2019 | News
The ICJ and the International Bar Association’s Human Rights Institute (IBAHRI) have jointly sent international observers to attend the second hearing of the criminal trial on the “Gezi Park” protest at the Silivri Prison Courthouse in Istanbul, scheduled to take place on 18 and 19 July 2019.
The ICJ and IBAHRI observers 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 observers 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
Jul 17, 2019 | Advocacy, News, Non-legal submissions
Today, the ICJ filed a submission to the Human Rights Council’s Working Group on the Universal Periodic Review in advance of its review of Turkey’s human rights record in January 2020.
In its submission, the ICJ considered:
- the situation with the independence of the judiciary in Turkey, during and after the state of emergency of 2016-2018;
- the lack of effective remedies for the mass dismissals in the public sector occurred in that period;
- the shortcomings in fair trial rights in the criminal justice system:
- the obstacles to the action of civil society;
- the lack of accountability for torture and enforced disappeareances; and
- provided information on the status of international human rights treaties ratified by Turkey.
Contact:
Massimo Frigo, ICJ Senior Legal Adviser, e: massimo.frigo(a)icj.org
Full submission in English (PDF) : Turkey-UPR-Advocacy-non-legal submissions-2019-ENG
Jun 28, 2019 | News, Publications, Reports, Thematic reports
In a report released today in Rabat, the ICJ called for the removal and eradication of legal obstacles and discriminatory judicial attitudes hindering women’s and girls’ ability to seek justice and redress for sexual and gender-based violence (SGBV) in Morocco.
The ICJ’s report Obstacles to Women’s and Girls’ Access to Justice for Gender-based Violence in Morocco (available in English and Arabic) explores the various obstacles that women seeking justice in Morocco face, and addresses recommendations to the Moroccan government and judiciary with a view to improving access to justice and effective remedies for women and girls who are victims of SGBV.
“The Moroccan authorities should amend Law 103/13 and the Penal Code to ensure compliance with international human rights law and standards. Morocco’s Office of the Public Prosecutor and the country’s judicial authorities, including the High Judicial Council, should ensure that detailed guidelines on investigation and prosecution of SGBV crimes are developed and complied with, and that awareness-raising programmes be rolled out to counter judicial stereotyping and victim-blaming,” said Saïd Benarbia, Director of the Middle East and North Africa Programme at the ICJ.
Notwithstanding the recent adoption of Law 103/03 on combatting violence against women, SGBV has not been adequately addressed; it remains widespread in Morocco, with a profoundly detrimental human rights impact on victims and society at large. Law 103/3 fails to define rape in a manner consistent with relevant international law and standards, with the crime still addressed through the lens of morality and public decency, rather than as a violation of one’s bodily integrity and autonomy; Law 103/3 also fails to criminalize child and early marriage, lending support to this harmful practice.
In addition to discriminatory laws and procedures, women and girls seeking justice and redress as survivors of SGBV in Morocco have to face a judiciary that often harbours biased assumptions, and propounds negative gender stereotypes, including cultural norms rooted in patriarchy.
Against this background, the ICJ’s report analyses how exceedingly lenient sentences – for instance in cases of marital rape – and the heightened risk women and girls face of being charged with consensual extramarital sexual relations deter them from seeking justice and redress in case of physical and sexual abuse of which they may be victims, either at the hands of their husband or of individuals with whom they are not married.
To begin addressing women’s and girls’ predicament in these and other respects related to SGBV, the report calls on the Moroccan authorities to:
- Adopt legislation that recognizes one’s right to sexual autonomy, and that recognizes equal relationships as requiring free and full consent of both parties;
- Adequately define and fully criminalize through a gender-neutral definition acts of rape, including by criminalizing marital rape as a separate offence;
- Repeal Article 490 of the Penal Code criminalizing extramarital sexual relations, and ensure that Article 19 of the Family Code on the minimum age of marriage is stringently observed;
- Enact policies, legislative and procedural measures aiming at enhancing the effectiveness of judicial and other public sector services related to women’s access to justice, including enforcing spousal and child support, providing free legal assistance to victims of SGBV, granting protection orders, and adopting other urgent measures;
- Develop and enforce guidelines on investigating and prosecuting SGBV crimes;
- Develop a national protocol for SGBV-related medical, forensic examinations, and ensure forensic-testing services be available and affordable;
- Provide training and awareness-raising programmes aimed at countering judicial stereotyping, victim-blaming and other harmful practices.
Contact:
Saïd Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41.22.979.3817, e: said.benarbia(a)icj.org
Additional information:
ICJ Commissioner Martine Comte led the delegation that met with different Moroccan authorities, justice and civil society actors this week in Rabat in order to present ICJ’s report and discuss its findings and recommendations. The ICJ delegation met with Mr Mohamed Aujjar, Minister of Justice; Mr Taoufik El Maimouni, President of the Commission on Justice, Legislation, and Human Rights at the Chamber of Deputies; Mr Larbi Tabit, Secretary General at the Minister of Solidarity, Women, Family and Social Development; Ms Amina Bouayach, President of the National Human Rights Council and representatives of the judiciary and of the civil society.
Download:
Morocco-Obstacles GBV-Publications-Reports-Thematic report-2019-ENG (full report in English, PDF)
Morocco-Obstacles GBV-Publications-Reports-Thematic report-2019-ARA (full report in Arabic, PDF)
Morocco-Women HR report-News-2019-ARA (News story in Arabic, PDF)
