Mar 11, 2016 | News
The Joint Mobile Group is known for its courageous work in opening legal cases on behalf of victims of torture in Chechnya. On March 9th, they were travelling together with journalists and the group was physically attacked, their confidential notes stolen, and the vehicles they were in burned.
Their offices in Ingushetia were also attacked.
This is part of an ongoing pattern of threats and intimidation directed against the Joint Mobile Group.
As recently as December their offices in Chechnya were completely burned.
The Martin Ennals Award provides protection through publicity for Human Rights Defenders who are working at personal risk to protect the rights of others.
“Sadly it appears that the need for protection, in this case, remains as urgent as ever. We urge the responsible authorities to identify the perpetrators and bring them to justice,” the ICJ says.
The Award laureate is selected by a jury of 10 global human rights organizations, including the ICJ.
The other members are Amnesty International, Human Rights Watch, Human Rights First, FIDH – International Federation for Human Rights, World Organisation Against Torture (OMCT), Front Line Defenders, EWDE Germany, International Service for Human Rights and HURIDOCS.
For further information, you can also read articles on the BBC, The Guardian, Russia Today, and the report on the MEA 2013.
Picture: Igor Kalyapin, founder of the Joint Mobile Group.
Mar 10, 2016 | News
The ICJ welcomes the decision of the Magistrate Court to dismiss the charges against Lena Hendry for her involvement in 2013 screening of No Fire Zone: The Killing Fields of Sri Lanka, an award-winning human rights documentary on the civil war in Sri Lanka.
Magistrate Mohamad Rehab Mohd Aris determined that the prosecution failed to prove a prima facie case against Lena Hendry (photo).
As a consequence, she did not have to enter her defense.
“We welcome the decision of the Magistrate’s Court to clear Lena Hendry from all charges,” said Emerlynne Gil, ICJ’s Senior International Legal Adviser.
“We must emphasize though that subjecting Lena Hendry in the first place to criminal prosecution simply for screening this documentary violated her human rights and contravenes Malaysia’s obligations to uphold freedom of expression,” she added.
“We should remember that the provision in the Film Censorship Act 2002 used against Lena Hendry remains on the books and still operative. It can still be used to stifle the voices of other human rights defenders in Malaysia,” Gil further said.
Lena Hendry was charged under section 6(1)(b) of the Film Censorship Act 2002 for allegedly showing the film without prior authorization by the Board of Censors.
The said provision prohibits any person to circulate, exhibit, distribute, display, manufacture, produce, sell, or hire any film or film publicity material that has not been approved by the Board of Censors.
If Lena Hendry had been found guilty, she could have faced a fine of up to RM30,000 (approximately US$6,900) and/or a sentence of up to three years imprisonment.
The ICJ reiterates its call to the Government of Malaysia to safeguard freedom of expression and uphold the right of individuals to elaborate and disseminate information, including on questions of public import and the documentation of human rights abuses.
Contact:
Emerlynne Gil, Senior International Legal Adviser for Southeast Asia, t: +66 840923575 ; e: emerlynne.gil@icj.org
Mar 9, 2016 | News
The recent decision of the Thai Supreme Court in the case of the enforced disappearance of Somchai Neelapaijit demonstrates Thailand must urgently ratify the Convention against Enforced Disappearance and enact domestic laws consistent with the Treaty, said the ICJ today.
On 29 December 2015, the Supreme Court of Thailand upheld the acquittals of five police officers charged with gang-robbery and coercion. These charges related to Somchai’s abduction and the taking of his property.
The authorities have blamed the failure to charge anyone to date with Somchai’s actual enforced disappearance or presumed death, in part, on the absence of physical remains.
The Supreme Court further held that Somchai Neelapaijit’s wife, Angkhana Neelapaijit, and his children could not participate in the proceedings as plaintiffs as, under Thai law, it had to be shown that Somchai Neelapaijit was either injured or killed such that he could not represent himself.
The Court reasoned that this was not the case as “it is not currently known whether or not Mr. Somchai is alive” and the accused had only been charged with gang-robbery and coercion.
“The Supreme Court decision does not in any way end Somchai’s case,” said Sam Zarifi, ICJ’s Asia Director.
“The Thai government is obliged to seek and provide truth and justice for Somchai and his family,” he added.
The Department of Special Investigations (DSI), often described as the FBI of Thailand, has been conducting an ongoing investigation into Somchai Neelapaijit’s fate or whereabouts since 2005.
“The glacial pace of the DSI’s investigation and unfortunate decision of the Supreme Court after all these years is heart-breaking,” said Zarifi.
Before the United Nations Human Rights Council in May 2008, the Royal Thai Government pledged “to do its utmost and leave no stone unturned in order to bring to justice the case of Mr Somchai.”
“But to do its ‘utmost’ to resolve this case, Thailand must take urgent and concrete steps to ratify the Convention against Enforced Disappearance and pass domestic laws that retrospectively recognize enforced disappearance as a distinct offence and the full rights of victims, including family members,” Zarifi added.
Promisingly, the Ministry of Justice is in the process of drafting a Prevention and Suppression of Torture and Enforced Disappearance Bill, which, in a draft seen by the ICJ, defines and criminalizes enforced disappearance and torture in Thailand.
Contacts
Sam Zarifi, ICJ Regional Director, Asia-Pacific Programme, t: +66807819002 ; e: sam.zarifi(a)icj.org
Kingsley Abbott, International Legal Adviser for Southeast Asia, t +66 94 470 1345 ; e: kingsley.abbott(a)icj.org
Additional information
Angkhana Neelapaijit, now Commissioner of the Thai Human Rights Commission, told the ICJ: “The decision of the Supreme Court acquitting the five accused and denying my children and me the right to participate in the proceedings shows that victims of enforced disappearance have nowhere to turn to obtain justice in Thailand. It is clear that nothing will change until Thailand urgently ratifies the Convention against Enforced Disappearance and amends its laws to ensure the rights of victims are upheld.”
Thailand signed, but has not yet ratified, the Convention Against Enforced Disappearance in January 2012. Pending the ratification, Thailand must desist from any acts that would defeat the objective and purpose of the Convention, which among other things places an obligation on State Parties to make enforced disappearance a criminal offence, to thoroughly and impartially investigate cases, bring those responsible to justice and treat family members of a ‘disappeared’ person as victims in their own right.
Forthcoming event
On 11 March 2016, the ICJ, together with Amnesty International (Thailand), Human Rights Watch, and the Justice for Peace Foundation will hold “a discussion on enforced disappearance in Thailand focusing on the recent decision of the Supreme Court in Somchai Neelapaijit’s case and the draft Prevention and Suppression of Torture and Enforced Disappearance Bill” to mark the 12-year anniversary since Somchai Neelapaijit “disappeared” on 12 March 2004.
Date: 11 March 2016
Time: 10.00am -12.00pm
Location: The Sukosol Hotel, room Kamolthip 3, Sriayutthaya Road, Bangkok
The speakers will be:
- Angkhana Neelapaijit
- Kingsley Abbott, International Legal Advisor, the International Commission of Jurists
- Sunai Phasuk, Senior Researcher, Human Rights Watch
- Laurent Meillan, Acting Representative, Office of the High Commissioner for Human Rights Office for South-East Asia
- A representative from the Department of Rights and Liberty Protection, Ministry of Justice
Related readings
To mark the 10-year anniversary of Somchai Neelapaijit’s “disappearance”, the ICJ released a report Ten Years Without Truth: Somchai Neelapaijit and Enforced Disappearances in Thailand, in which it documented the tortuous legal history of the case.
On 11 December 2015, the ICJ published an English version of its Practitioners Guide “Enforced Disappearance and Extrajudicial Execution: Investigation and Sanction”, originally published in Spanish in March 2015.
Thailand-Somchai disap anniversary 2016-News-Press releases-2016-THA (full text in Thai, PDF)
Mar 3, 2016 | News
One of the leading indigenous activists and human rights defenders in Honduras, Berta Cáceres had worked jointly with the ICJ on several projects. She was shot dead by unknown attackers at her home today.
The ICJ urges the Honduran authorities to launch a rapid and independent investigation to identify who perpetrated and/or ordered the murder of Berta Cáceres and bring the person(s) responsible into court.
“We have lost a courageous and committed human rights defender,” said Ramón Cadena, ICJ’s Regional Director for Central America.
“It is essential that this crime does not remain unpunished. The government must send a strong signal and take immediately measures to effectively investigate this killing and hold those responsible to account,” he added.
A relentless defender of indigenous peoples rights to land and natural resources, Berta Cáceres had been awarded the Goldmann Environmental Prize in 2015 (photo).
It is a huge loss not only for her family, but also for the whole human rights movement in Honduras, the ICJ said.
Berta Cáceres had received repeated death threats from both state security forces and the company planning the Agua Zarca dam, which she had successfully fought against, together with residents of the Lenca Community.
She had been placed under the protection of the local police in La Esperanza, the area where she lived. Obviously this was not enough.
The situation of human rights defenders in Honduras is dire and has continuously deteriorated in the recent years, with their activities being systematically criminalized.
Mar 1, 2016 | Advocacy, News, Non-legal submissions
The ICJ joined today other prominent human rights organizations in urging the European Union and its Member States to respect and protect human rights and the rule of law in countering terrorism.
In their joint statement, the thirteen human rights organizations stressed the implications of Eu counter-terrorism laws and policies for human rights and the rule of law with regard to the right to be free from torture and cruel, inhuman or degrading treatment or punishment, the principle of non-refoulement, the right to liberty and security of the person, the right to a fair trial, the principle of legality, the principle of non-discrimination, the rights to freedom of expression and peaceful assembly, the right to privacy, the rights of asylum-seekers and migrants, the freedoms of movement, of religion or belief and other dimensions.
The human rights organizations that signed up to this statement are, apart from the International Commission of Jurists, the European Network Against Racism (ENAR), Amnesty International, the International Federation of Human Rights (FIDH), the Open Society European Policy Institute, the World Organisation Against Torture (OMCT), Fair Trials, European Digital Rights (EDRi), the Forum of European Muslim Youth and Student Organisations (FEMYSO), the International Federation of Action by Christians for the Abolition of Torture (FIACAT), the International Rehabilitation Council for Torture Victims (IRCT), the Association for the Prevention of Torture (APT), and the European Association for the Defense of Human Rights (AEDH).
EU-counter-terrorism&humanrights-jointstatement-2016-ENG (download the joint statement)
