Mar 20, 2015 | Advocacy
The ICJ today joined a call with Libyan, regional and other international NGOs for the Human Rights Council to create an independent inquiry mechanism into serious human rights and humanitarian law violations in Libya.
The escalating armed conflict and significantly deteriorating human rights situation in Libya requires a strong and urgent response from the Human Rights Council.
The statement calls for the creation of an independent inquiry mechanism with the mandate to investigate and ensure accountability for gross human rights and humanitarian law violations occurring throughout the country including attacks on civilians, the widespread use of torture, arbitrary detention, enforced disappearances and unlawful killings.
The statement outlines the ongoing impunity for those responsible for violations, the inability of the Libyan criminal justice system to deal with such crimes and it calls on the Human Rights Council to encourage Libya’s cooperation with the ICC.
Libya-HRC joint Statement-Advocacy-2015-ENG (full text in PDF)
Libya-HRC joint Statement-Advocacy-2015-ARA (full text in PDF)
Mar 20, 2015 | News
The Malaysian government should immediately release from detention Malaysian Parliamentarian Tian Chua, the ICJ said.
Tian Chua, who is also Vice President of the opposition Parti Kaedilan Rakyat (PKR), was arrested today for allegedly committing acts under section 143 of the Penal Code on unlawful assembly.
The arrest took place before noon after Tian Chua voluntarily appeared at the Dang Wangi police station in Kuala Lumpur to provide a statement in connection with the investigations regarding his participation in the peaceful KitaLawan rally on 7 March 2015.
The police detained Tian Chua before he could provide his statement.
He has so far not been charged with any offence.
However, if he is charged under section 143 of the Penal Code and convicted, he may be imposed the penalty of imprisonment for up to six months or fined, or both.
“At least 11 opposition figures associated with the KitaLawan rally have now been targeted by the authorities, who have been arresting and detaining them for 24 hours as a form of harassment and intimidation,” said Emerlynne Gil, ICJ’s International Legal Advisor for Southeast Asia. “It seems that Malaysia is rapidly returning to the dark days during the late 1980s of systematic pretrial and arbitrary detention under the Internal Security Act.”
The KitaLawan rally was convened in protest at the conviction and imprisonment of opposition leader Anwar Ibrahim, who was sentenced to five years’ imprisonment in February 2015 on charges of sodomy, following a trial conducted in violation of international human rights standards.
The ICJ underlines that in the absence of charges for a cognizable criminal offence not predicated on the exercise of a protected human right, Tian Chua and the other individuals who participated at the KitaLawan rally should not have been arrested and any form of harassment against them must be ended.
Under Malaysian law, police arresting a person without a warrant has to bring the arrested person before a judge “without unnecessary delay”.
The law also provides that no person arrested without a warrant shall be detained for more than 24 hours before being presented to a judge.
“The authorities are abusing their powers and using the law as a form of punishment even before they are convicted of, or even charged with, an actual crime in violation of Tian Chua’s right to presumption of innocence,” added Gil. “This abuse of pretrial detention as a form of harassment aggravates the repressive atmosphere created by the recent misuse of sedition laws to silence critics.”
Tian Chua is expected to be held overnight in prison. He will have his remand hearing on 21 March in the morning.
The ICJ calls for Tian Chua’s immediate release and urges the Government of Malaysia to end all forms of harassment against persons for their participation in peaceful assemblies.
Contact:
Emerlynne Gil, ICJ’s International Legal Adviser for Southeast Asia, e: emerlynne.gil(a)icj.org, tel. no.: +66 2 619 8477 ext. 206 or +66 840923575
Mar 20, 2015 | Advocacy, Non-legal submissions
Today, the ICJ made a submission to the Universal Periodic Review of Nepal.
The submission brings to the attention of the members of the Human Rights Council’s Working Group issues concerning:
- The establishment of credible transitional justice mechanisms;
- The need to reform Nepali criminal law to ensure that certain serious crimes under international law are fully criminalized domestically;
- The on-going need to address the countless incidents of sexual violence committed during the armed conflict;
- The need to take steps to end impunity; and,
- The right to an effective remedy.
Nepal-UPR-Advocacy-2015-ENG
Mar 20, 2015 | Advocacy, Non-legal submissions
Today, the ICJ made a submission to the Universal Periodic Review of Myanmar.
The submission brings to the attention of the members of the Human Rights Council’s Working Group issues concerning:
- The independence of the judiciary and legal profession;
- The lack of legislation adequately protecting human rights and the environment;
- Discriminatory laws targeting women and minorities; and,
- The writ of habeas corpus.
Myanmar-UPR-Advocacy-2015-ENG
Mar 20, 2015 | Advocacy, Non-legal submissions
Today, the ICJ made a submission to the Universal Periodic Review of Australia.
The submission brings to the attention of the members of the Human Rights Council’s Working Group issues concerning:
- The treatment of asylum-seekers and Australia’s attacks against international refugee law;
- The treatment of aboriginal and Torres Strait Islander peoples;
- The weakening and undermining of the Australian Human Rights Commission; and,
- International instruments and mechanisms.
Australia-UPR-Advocacy-2015-ENG
