Jun 19, 2015 | News
The ICJ today called on the Moroccan authorities to amend the draft laws on the High Judicial Council, the Conseil supérieur du pouvoir judiciaire (CSPJ), and on the Statute for Judges, to ensure their full compliance with international law and standards on judicial independence.
The ICJ called on the authorities to ensure that: the CSPJ is institutionally and organizationally independent; is exclusively competent to manage the career of judges, including the selection of trainee judges; is involved in determining the budget for the judiciary; and is empowered to administer the allocation of judicial resources.
This statement comes following the conclusion of a high-level mission to Morocco from 12 to 18 June 2015 to engage with members of the executive, legislative and judicial branches, as well as representatives of civil society, on the judicial reforms initiated by the Moroccan authorities.
“The Draft Law on the CSPJ should enhance and expand the guarantees of judicial independence provided for by the 2011 Constitution, including by ensuring that the General Inspection Service (GIS) is under the authority of the CSPJ, that the organic law on the CSPJ sets out the GIS composition, competencies, and areas of intervention, and that the CSPJ oversees all issues pertaining to judicial administration,” said Philippe Texier, ICJ Commissioner and a former judge of the French Cassation Court (photo).
During this mission, the ICJ submitted to the authorities two memos analyzing the draft laws in light of international law and standards and formulating recommendations for amendments and reform.
In particular, the ICJ called for the majority of the members of the CSPJ to be judges who are chosen by their peers, for the selection and appointment of the President and the General Prosecutor of the Cassation Court to be based on objective criteria and made through transparent procedures, and for the grounds and procedure for dismissal of members of the CSPJ to be prescribed by the Law.
The ICJ is also deeply concerned that the draft law on the Statute for Judges does not contain any provisions on the criteria and procedure for selecting trainee judges.
Under the current framework, the process of selecting trainee judges is under the effective control of the Ministry of Justice.
Furthermore, while the Draft Laws entrusts the CSPJ to draft a Code of Judicial Conduct, they do not specify that, once adopted, the Code should be the basis on which judges will be held to account professionally, the Geneva-based organization says.
“The Draft Law should be amended to set out fair and transparent procedures for selecting trainee judges, to ensure that the CSPJ is fully competent to oversee the entire selection process, and to provide for the code of ethics and judicial conduct to be established in the law as the basis on which judges will be held to account professionally, including by clearly and precisely defining disciplinary offences,” said Said Benarbia, ICJ Director of the Middle East and North Africa Programme.
Contact:
Theo Boutruche, Legal Adviser of the ICJ Middle East and North Africa Programme, t: +96 170 888 961, e: theo.boutruche(a)icj.org
Additional information:
The ICJ delegation was led by Mr. Philippe Texier, former judge of the French Cassation Court and ICJ Commissioner.
The delegation met with Mr. Driss Dahak, Secretary General of the Government; Mr. Abdelilah Lahkim Bennani, Secretary General of the Ministry of Justice; Mr. Mustapha Farès, First President of the Cassation Court; Mr. Mohamed Meddah, Prosecutor General of the Cassation Court; Mr. Mohamed Cheikh Biadillah, President of the Chamber of Counsellors; Mr. Omar Adkhil, President of the Commission of Justice, Legislation and Human Rights of the Chamber of Counsellors; Mr. Mohamed Zerdali, President of the Commission of Justice, Legislation and Human Rights of the Chamber of Deputies; Mr. Abdellatif Chentof, President of the Judges Club; Mr. Mohamed Khadraoui, vice-President of the Amicale Hassania; and Mr. Mohamed Akdim, President of the Bar Associations of Morocco (ABAM).
Morocco-Draft Law CSPJ-News-press releases-2015-ARA (full text of statement, in PDF, Arabic)
Morocco-Memo on the CSPJ-Advocacy-Briefing paper-2015-ENG (full text of memo 1 in PDF)
Morocco-Memo on the CSPJ-Advocacy-Briefing paper-2015-ARA (full text of memo 1 in PDF, Arabic)
Morocco-Memo on Statute for Judges-Advocacy-Briefing paper-2015-ENG (full text of memo 2 in PDF)
Morocco-Memo on Statute for Judges-Advocacy-Briefing paper-2015-ARA (full text of memo 2 in PDF, Arabic)
Jun 19, 2015 | Advocacy, Non-legal submissions
Today, the ICJ made a submission to the Human Rights Council’s Working Group on the Universal Periodic Review in advance of the Human Rights Council’s review of Singapore.
In its submission, the ICJ expressed concern about the following:
(1) corporal punishment;
(2) the death penalty;
(3) the continued criminalization of consensual same-sex relations;
(4) corporate accountability for companies registered in Singapore; and
(5) international human rights instruments and mechanisms.
A copy of the submission can be found here:
Singapore-ICJ UPR-Advocacy-non legal submission-2015-ENG
Jun 18, 2015 | News
Today, the ICJ expressed concern at the attempt to initiate criminal proceedings against the President of the Constitutional Court of Ukraine, following interrogations of judges of the Constitutional Court and seizures of documents from the Court earlier this year.
On 16 June, the Chair of the Security Council of Ukraine, Valentin Nalivaychenko, is reported to have filed evidence alleging criminal offences by the President of the Constitutional Court of Ukraine, Jury Baulin.
The documents allege that he abused his office in violation of Article 364(2) of the Criminal Code of Ukraine, leading to the usurpation of power by the former President, Victor Yanukovich.
The allegations relate to a decision of the Constitutional Court of 30 September 2010, No 20-rp/2010, which overturned the adoption of the Constitution of 2004.
The initiation of the criminal proceedings is therefore based entirely on a ruling of the Constitutional Court on a question of constitutional law.
“It is inherent in the judicial function that courts issue rulings concerning matters on which public opinion may be divided. Prosecution of judges in relation to such decisions undermines judicial independence and erodes the rule of law,” said Wilder Tayler, ICJ Secretary General. “In all times but particularly in times of transition, such as at present in Ukraine, it is crucial that the executive refrain from any interference with the independence of the judiciary”.
The ICJ stressed that such attempts to initiate criminal proceedings against the President of the Constitutional Court are contrary to international law and standards on the independence of the judiciary, including the UN Basic Principles on the Independence of the Judiciary.
“Changes to the law or Constitution, must be sought and brought about through proper constitutional processes in the legislature and courts, not through prosecutions of judges. Criminal investigations and prosecutions against Constitutional Court judges must be discontinued and the government must ensure that the Court can operate without threats or interference,” Tayler added.
Following the change of government in early 2014, the ICJ expressed concern at the dismissals of judges of the Constitutional Court by the Verkhovna Rada (the Ukrainian Parliament) and called on the authorities to ensure the security of tenure of judges and non-interference with judicial independence.
Earlier this year, the Security Service of Ukraine interrogated sitting judges of the Constitutional Court in regard to the same case.
According to the State Security Service, at least 10 judges of the Constitutional Court have been interrogated. Moreover, the Security Service of Ukraine seized documents from the Constitutional Court in May 2015.
These investigations and prosecutions of Constitutional Court judges are taking place at a time when the Court is considering a number of highly significant cases, including the constitutionality of the Law “On cleansing of power”, the Law “On condemnation of the communist and national-socialist (nazi) regimes in Ukraine and prohibition of propaganda of their symbols” and the Law on an “All-Ukrainian referendum”.
The ICJ recalls that Article 1 of the UN Basic Principles on the Independence of the Judiciary clarifies that all governmental and other institutions must respect and observe the independence of the judiciary.
The principles further stipulate that [t]he judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law without restrictions or improper influences, inducements, pressures threats or interferences, direct or indirect, from any quarter or for any reason” (Article 2).
Recommendation No. R(94) 12 of the Committee of Ministers to Members States on the Independence, Efficiency and Role of Judges elaborates on this principle, stipulating that “judges should have unfettered freedom to decide cases impartially, in accordance with their conscience and their interpretation of the facts, and in pursuance of the prevailing rules of the law. Judges should not be obliged to report on the merits of their cases to anyone outside the judiciary”.
Contact:
Róisín Pillay, Director, Europe Programme, e: roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, Europe Programme, e: temur.shakirov(a)icj.org
External link: Official information about the criminal procedure
Jun 18, 2015 | News
Mrs Gabriela Knaul (Brazil) today participated in an Interactive Dialogue with the Human Rights Council. Topics included children in the justice system, her visits to Qatar, United Arab Emirates, Tunisia and Portugal, and the need more generally for better implementation of relevant UN standards.
Mrs Knaul’s appearance before the Human Rights Council will be her last before her term in the mandate comes to an end in the coming months.
Her successor as UN Special Rapporteur on the independence of judges & lawyers is to be appointed at the end of the Council session, on 3 July 2015.
Following an initial presentation by the Special Rapporteur, the concerned countries responded, followed by discussion by other states, and civil society.
Jun 17, 2015 | Events, News
Head of ICJ’s Centre for the Independence of Judges & Lawyers, Matt Pollard, today moderated a side event on “Securing the independence and effectiveness of the Judiciary: European initiatives and perspectives in global context” at the UN Human Rights Council.
At the event, representatives of the Council of Europe highlighted the work of the European Commission for the Efficiency of Justice (CEPEJ) and the Consultative Council of European Judges (CCJE). The UN Special Rapporteur on the Independence of Judges and Lawyers, Ms Gabriela Knaul (from Brazil) reflected on the global relevance of European initiatives and institutions during her six years in the mandate.
Matt Pollard discussed the impact of Council of Europe standards and jurisprudence, both within Europe and in terms of global influence, from the perspective of civil society, as well as highlighting that standards and jurisprudence developed in other regions also present a rich source that European institutions should do more to draw on in their own work.
The interactive Panel discussion included extensive questions and comments from state delegations and civil society representatives in attendance at the event.
Panelists:
Mr. Georg Stawa, President of the European Commission for the Efficiency of Justice, Council of Europe
Mr. Bart van Lierop, President of the Consultative Council of European Judges
Mrs. Gabriela Knaul, UN Special Rapporteur on the Independence of Judges and Lawyers
Mr. Matt Pollard, Centre for the Independence of Judges and Lawyers, International Commission of Jurists (moderator)
This side event was organised by the Permanent Delegation of the Council of Europe to the UN Office in Geneva, with the co-sponsorship of Australia, Botswana, Hungary, Mexico as the main sponsors of the resolution on the independence of judges and lawyers
