ICJ and ILGA-Europe joint submissions in Milica Đorđević and others v. Serbia

ICJ and ILGA-Europe joint submissions in Milica Đorđević and others v. Serbia

On 17 November 2014, the ICJ and ILGA-Europe filed their joint written submissions with the European Court of Human Rights in the case of Milica Đorđević and others v. Serbia (Application Nos. 5591/10, 17802/12, 23138/13 and 25474/14).  

The case concerns the authorities’ decision in 2009 to relocate the applicants’ “Pride Parade” to promote the equality and visibility of lesbian, gay, bisexual and transgender people away from central Belgrade, Serbia, and the authorities’ repeated banning of Pride Parades in central Belgrade in 2011, 2012 and 2013.

The ICJ and the European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA-Europe)’s submissions to the Court focus on:

  • the essential role of the right to freedom of peaceful assembly in a democratic society, and the scope of discretion afforded to States in determining measures required to prevent disorder at an assembly where counter-demonstrators threaten violence against groups most at risk; and
  • the nature and scope of the State’s obligation in relation to the right to freedom of peaceful assembly under the European Convention on Human Rights and the International Covenant on Civil and Political Rights, focusing in particular on States’ duty to adopt legislative and administrative measures in order to fulfil their legal obligations.

 SERBIA-ECHR amicus Dordevic-Advocacy-Legal Submission-2014-ENG (full text in PDF)

Bulgaria: ICJ observer at Todorova appeal hearing

Bulgaria: ICJ observer at Todorova appeal hearing

A trial observer from the ICJ Centre for the Independence of Judges and Lawyers will observe today the hearing of an appeal of disciplinary sanctions imposed on Bulgarian judge Miroslava Todorova.

The proceedings against Judge Todorova related to alleged faults associated with delays in delivering judgment in several cases. The alleged faults occured some nine years ago.

In an initial ruling in July 2012, the Supreme Judicial Council (SJC)  sought to dismiss Judge Todorova from judicial service. Following judicial reviews and appeals, this was reduced at first to demotion for a period of two years, and then subsequently was reduced further to demotion for a period of one year. Both Judge Todorova and the disciplinary authority are challenging the one-year sanction in today’s hearing at the Supreme Administrative Council (SAC).

Whereas she had previously served on the Sofia City Court, during this two-year period she is permitted to work only in the lower level Sofia District Court. According to Bulgarian law, demotion is the second-most serious disciplinary sanction for a judge, one step less serious than dismissal.

ICJ has previously expressed concerns that the proceedings and sanctions against Judge Todorova may not be compatible with international standards for independence of the judiciary.

The proceedings today will also be attended by observers from Judges for Judges and MEDEL.

 

ICJ presentation on access to justice to OECD Public Governance Committee

ICJ presentation on access to justice to OECD Public Governance Committee

The ICJ’s Director of International Law and Protection Programmes, Alex Conte, will speak next week on access to justice at a meeting of the OECD Public Governance Committee.

The meeting Fostering Inclusive Growth and Trust in Justice Institutions: Access, Performance and Alternatives, will be held in Paris on 12 November 2014.

The ICJ’s presentation will focus on the key components of access to justice as a means of ensuring access by all to legal institutions capable of rending independent, impartial, binding and enforceable decisions.

It will also address the question of how, when such components are adhered to, trust in justice institutions is attained, from the perspective of the rule of law and public governance, from individuals’ perspectives and from investment and international perspectives.

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