Side Event at the Human Rights Council: State of emergency in Turkey; implications for the protection from torture

Side Event at the Human Rights Council: State of emergency in Turkey; implications for the protection from torture

This side event at the Human Rights Council takes place on Friday, 2 March, 10:00-11:30, room XXI of the Palais des Nations.  It is organized by the World Organization Against Torture (OMCT) and co-sponsored by the ICJ.

On January 18 Turkey extended the state of emergency for the sixth time since it was initially imposed following a failed coup attempt in July 2016.

Current emergency measures grant highly discretionary powers to the executive and its administrative authorities in many areas, in derogation from human rights safeguards and rule of law principles, posing great challenges for the protection from torture.

On the occasion of the release of the Special Rapporteur on Torture’s country visit report on Turkey, this side-event, organized by the World Organisation Against Torture (OMCT) in partnership with Human Rights Watch (HRW) and the International Commission of Jurists (ICJ), aims to discuss the implications of the state of emergency on the fight against torture in Turkey and to provide recommendations to ensure that the emergency measures do not become permanent.

The panel discussion will be followed by a Q&A session with the public.

Panelists:

  • Nils Melzer

UN Special Rapporteur on Torture and Other Cruel, Inhuman, or Degrading Treatment

  • Osman İşçi

Human Rights Association in Turkey (IHD)/Euromed Rights’s Executive Committee Member

  • Massimo Frigo

Senior Legal Adviser, International Commission of Jurists (ICJ)

Moderator:

Stella Anastasia

Human Rights Adviser World Organization Against Torture (OMCT)

 

Turkey – Protection from Torture – News – Events – 2018 – ENG (flyer in PDF)

 

 

Side event at the Human Rights Council: counterterrorism, emergency powers, and the protection of civic space

Side event at the Human Rights Council: counterterrorism, emergency powers, and the protection of civic space

This side event at the 37th session of the Human Rights Council takes place on Friday, 2 march, 15:00-16:30, room XI of the Palais des Nations. It is organized by the Civic Space Initiative (CSI) and co-sponsored by the ICJ.

In recent years, the use of exceptional national security and emergency powers to combat terrorism has become increasingly common.

The international instruments recognize that respect for human rights and rule of law are the basis of the fight against terrorism.

However, counterterrorism measures and emergency powers have increasingly resulted in or been used to restrict fundamental freedoms, including the rights to assembly, association and expression.

In this context, it is necessary for states and civil society to increase their understanding of the relationship between entrenched emergency powers and sustained human rights violations and to further elaborate guidelines and good practices that will return respect for human rights to the center of state efforts to combat terrorism.

This event aims to elevate attention and further explore the pernicious effects of states of emergency and emergency powers on human rights and fundamental freedoms with particular attention to the rights of freedom of association, assembly, and expression. It will also address how states of emergency often facilitate targeting and undermining the work of human rights defenders.

Speakers:

  • Professor Fionnuala Ni Aolain, UN Special Rapporteur on the promotion and protection of human
    rights and fundamental freedoms while countering terrorism
  • Kerem Altiparmak, Ankara University, Faculty of Political Science
  • Yared Hailemariam, Director, Association for Human Rights in Ethiopia
  • Lisa Oldring, Office of the UN High Commissioner for Human Rights
  • Sonia Tanic, Representative to the United Nations, International Federation for Human Rights

Moderator:

  • Nicholas Miller, International Center for Not-for-Profit Law

Coffee/croissants served at 14:45
For more information contact: nmiller@icnl.org, vanja@ecnl.org
The event will be livestreamed on the @CIVICUS Facebook page

Universal – Counterrorism and Civic Space – News – Events – 2018 – News (Event flyer in PDF)

ICJ calling on the EU: Children should never be coerced into providing fingerprints

ICJ calling on the EU: Children should never be coerced into providing fingerprints

The ICJ together with 22 civil society organisations and UN agencies call on EU decision makers in a joint statement not to use coercion against children in order to obtain fingerprints and other biometric data.

The new EURODAC proposal currently being considered by the European Commission, Council and Parliament expands the purpose of the current database of asylum applicants to facilitate the identification of “irregularly staying third country nationals” through the use of biometric data and it lowers the age at which a child must be registered from 14 to six.

The European institutions are discussing allowing national authorities to use coercion to obtain fingerprints and facial images of children.

The identification and registration of children contributes to their protection within and across borders.
This must be done in a child-sensitive and child protective manner and the best interests of the child must be a primary consideration in such matters, in accordance with Article 3 of the Convention on the Rights of the Child.

Coercion of children in any manner or form in the context of migration related procedures, violates children’s rights, which EU Member States committed to respect and uphold.

All children, no matter their age, should be exempted from all forms of coercion in the EURODAC Regulation, in full compliance with the UN Convention on the Rights of the Child.

The UN Convention on the Rights of the Child (UN CRC) states that every person below the age of eighteen years is a child (art. 1).

States Parties should take all appropriate measures to protect children from all forms of physical or mental violence (art. 19.1) and no child shall be deprived of his or her liberty unlawfully or arbitrarily (art. 37).

The Committee on the Rights of the Child has affirmed that “No violence against children is justifiable; all violence against children is preventable”, where violence includes both physical and mental violence (General comment No. 13).

It has equally clarified: “that the detention of any child because of their or their parent’s migration status constitutes a child rights violation and contravenes the principle of the best interests of the child”.

Both the UN CRC and EU Charter of Fundamental Rights state that child’s best interests must be a primary consideration in all actions relating to children (art. 3 UN CRC, art. 24.2 EU Charter).

Swaziland: workshop on sexual and gender-based violence

Swaziland: workshop on sexual and gender-based violence

On 28 February 2018, the ICJ is holding a workshop on combatting sexual and gender-based violence (SGBV) in Swaziland, in cooperation with Women and Law in Southern African – Swaziland (WLSA Swaziland) and the Swaziland Action Group Against Abuse (SWAGAA).

The workshop, held as part of the ICJ’s Global Redress and Accountability Initiative, will consider the prevalence of SGBV in Swaziland, and contributing factors, and will focus on the extent to which perpetrators of such violence are, and can be, held accountable in law and in practice and the means by which victims of SGBV may better access effective remedies and reparation.

Participants will also discuss opportunities for engagement with UN mechanisms on addressing SGBV in the Kingdom of Swaziland.

The workshop is set against the backdrop of urgent recommendations adopted by the UN Human Rights Committee in 2017 on the combatting of violence against women, in respect of which Swaziland must report to the Committee by July 2018.

It comes ahead of Swaziland’s anticipated report, also due in July 2018, to the UN Committee on the Elimination of All Forms of Discrimination Against Women which in 2014 also adopted several recommendations on the combatting of violence against women.

The workshop also comes as national debates continue on the enactment of the Sexual Offences and Domestic Violence Bill, which Swaziland had committed to enact without delay at its 2016 Universal Periodic Review.

Workshop Agenda

Syria and Russia: end attacks on Eastern Ghouta now

Syria and Russia: end attacks on Eastern Ghouta now

The ICJ today called on the governments of Syria and Russia to cease all attacks on the civilian population in Eastern Ghouta.

Intentionally directing attacks against the civilian population and civilian objects, including hospitals, constitutes a war crime.

All those responsible for such crimes must be held accountable.

“The UN Security Council is blatantly failing to discharge its primary responsibility for maintaining international peace and security. It’s so paralyzed by division that it cannot even enforce its own resolutions on protecting the civilian population in Syria and ensuring unimpeded humanitarian access,” said Said Benarbia, Director of the ICJ Middle East and North Africa Programme.

“After 7 years of shielding the Syrian regime from accountability for its egregious crimes, including the use of chemical weapons, Russia is joining forces with this regime’s cynical enterprise to murder and starve its own people,” he added.

The air and artillery bombing campaign conducted by the Syrian government, with the backing of Russia, have caused hundreds of victims since Sunday.

The destruction of hospitals and the lack of basic supplies and medicines are making the living conditions of the civilian population extremely dire.

Under international humanitarian law, the Syrian government and its ally Russia have obligations to protect the civilian population and to grant rapid and unimpeded passage to humanitarian relief for the residents of Eastern Ghouta.

The UN Security Council imposed a disarmament plan concerning the Syrian chemical arsenal, yet credible reports of government use of chemical weapons against civilians continued to emerge as late as January and February 2018, in particular in Eastern Ghouta and Saraqeb.

In its last report in October 2017, the OPCW-UN Joint Investigative Mechanism established the responsibility of the Syrian government for the use of chemical weapons.

In the same month, Russia vetoed a resolution to renew the Mechanism’s mandate.

“States must act individually and collectively to stop the escalation of horrors we are witnessing in Eastern Ghouta. They must also ensure, including through any means available in their national legal systems, as well as at the regional and international level, that all those responsible for the war crimes, crimes against humanity and other international crimes committed in Syria, irrespective of their nationality, rank or status, are brought to justice,” Benarbia added.

Contact

Said Benarbia, Director of the ICJ Middle East and North Africa Programme, tel: +41 798783546, e-mail: said.benarbia(a)icj.org

Syria – Ghouta Bombing – News – Webstory – 2018 – ARB (Arabic translation in PDF)

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