Speech: the human rights and rule of law situation in Asia

Speech: the human rights and rule of law situation in Asia

Today, Kingsley Abbott, ICJ’s Senior International Legal Adviser, gave the keynote address on the human rights and rule of law situation in Asia at the Asia News Network’s (ANN) international symposium on upcoming elections in Asia.

The event, held at a hotel in Bangkok, Thailand, was attended by nearly 300 diplomats, business leaders, academics and members of civil society.

ANN is an alliance of 24 leading media in 20 Asian countries.

The full speech can be downloaded here:

Asia-ANN Speech-News-web story-2018-ENG

Peru and the fight against impunity (UN Statement)

Peru and the fight against impunity (UN Statement)

The ICJ today spoke at the United Nations on impunity and the situation for human rights in Peru.

The oral statement was made during the discussion at the Human Rights Council of the Universal Periodic Review outcome for Peru. It read as follows (translation from the original Spanish):

“Mr President,

The International Commission of Jurists (ICJ) recognizes the progress made by the Peruvian State in the field of human rights and its openness in relation to the recommendations made in the current cycle of the Universal Periodic Review.

The ICJ regrets, however, that the investigation and punishment of those responsible for the serious human rights violations that occurred during the internal armed conflict have not received the attention they deserve. On the contrary, the fight against impunity has receded with the granting of pardon and presidential grace to former president Alberto Fujimori who was serving a prison sentence for a series of crimes against humanity committed during his term. The presidential grace grants immunity from investigations and prosecutions in course or to be opened in the future.

One of the recommendations (111.97) that Peru accepts with qualifications refers to investigations and reparations to the thousands of women who suffered forced sterilization during the Fujimori administration. The measures of pardon and grace granted would exonerate Fujimori from investigation and punishment for this and other serious crimes. The ICJ urges the Peruvian State to implement the recommendations of the international community with full respect for international standards that prohibit impunity for serious violations of human rights.

Thank you Mr President.”

 

The ICJ oral statement complements a related written statement by the ICJ at the session.

Singapore: halt impending execution of Hishamrudin bin Mohd

Singapore: halt impending execution of Hishamrudin bin Mohd

The ICJ called on the Government of Singapore to halt the impending execution of Hishamrudin bin Mohd, and take immediate steps to impose a moratorium on executions, with a view towards the abolition of the death penalty in the near future.

Hishamrudin bin Mohd, a Singaporean national, was sentenced to death in 2016, under mandatory sentencing laws, after being convicted of possessing drugs for the purpose of trafficking.

His execution is scheduled to take place on 16 March 2018.

The ICJ opposes the death penalty in all circumstances as a denial of the right to life and a form of cruel, inhuman and degrading punishment.

“Singapore, as this year’s Chair of the Association of Southeast Asian Nations, must use this opportunity to lead the way in the region in recognizing that the death penalty is inherently incompatible with human dignity and a violation of human rights,” Sam Zarifi, ICJ Secretary General said.

“Singapore should set an example to other ASEAN Member States in upholding the rule of law and protecting human rights,” he added.

Furthermore, the ICJ expressed serious concern that Singapore still applies the mandatory death penalty, including for drug offenses which, according to international standards does not the meet the threshold of “most serious crimes” to which the death penalty must be confined.

“States that have not yet abolished the death penalty should never apply them for drug offenses nor make them automatic,” Zarifi said.

The UN Special Rapporteurs on extrajudicial, summary or arbitrary executions have stated that under no circumstances should death penalty be mandatory.

International human rights law is undermined when mandatory death penalty is imposed since sentencing must reflect assessment of the factors in each case to ensure that the defendant’s human rights and the narrow limits on the use of death penalty have been respected.

The ICJ notes that the UN General Assembly has adopted repeated resolutions with the support of the overwhelming majority of States, most recently in December 2016 calling for an international moratorium on the use of death penalty with a view to abolition.

Presently, some 170 States around the world have either abolished the death penalty or put a moratorium to its use.

The UN Secretary General Antonio Guterres emphasized that “the death penalty has no place in the 21st century.”

Contact

Emerlynne Gil, Senior International Legal Adviser for Southeast Asia, t: +662 619 8477 (ext. 206); e: emerlynne.gil(a)icj.org

Background 

Hishamrudin bin Mohd, a Singaporean national, was found guilty of possessing 34.94 grams of diamorphine, allegedly for the purpose of trafficking. His appeal was rejected on 3 July 2017 and his execution was scheduled on 16 March 2018.

The ICJ received information that Hishamrudin bin Mohd filed a last-minute application for judicial review on 12 March 2018 and a closed-door hearing was set on 14 March 2018. However, on 15 March 2018, the Court of Appeal denied his appeal.

 

No return to torture: new CTI tool on non-refoulement developed by the ICJ

No return to torture: new CTI tool on non-refoulement developed by the ICJ

Developed by the ICJ for the Convention Against Torture Initative (CTI), a new tool on non-refoulement has been launched today. It shares over 15 examples of legal and procedural safeguards that States have developed to give it effect at the domestic level.

The new CTI tool on non-refoulement covers:

  • constitutional and legislative provisions;
  • national procedures;
  • procedural rights to be guaranteed to those facing deportation or expulsion;
  • training; and
  • visa and stay arrangements for when return is prohibited.

There is also a section on non- refoulement in the extradition context.

The purpose of this and other CTI Implementation Tools is to inspire other States to take action through exchanges of good practices.

The tool also provides timely and practical information and advice for States in light of the recently released UN Committee against Torture’s General comment on the implementation of Article 3 of the Convention in the context of Article 22.

Some of the laws mentioned in this tool detail the powers that can be exercised by State authorities to remove a person and the constraints on those powers, as well as the relevant administrative and judicial procedures to be followed. National legislation has also detailed the rights of persons within those procedures (photo).

The tool was developed for the CTI by the ICJ with the support of the University of Bristol’s Human Rights Implementation Centre.

CTI’s series of UNCAT Implementation Tools are available here.

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