Oct 7, 2014 | News
It was with great sadness that the ICJ learned of the passing of Dr. Rudolf Machacek who died yesterday, 6 October 2014, at the age of 87.
Dr. Machacek was an Honorary Member of the ICJ having previously served as an ICJ Commissioner from 1976-1991 and on the ICJ’s Executive Committee from 1985-1991.
He was a distinguished figure in constitutional justice and human rights. During his career he held positions in the Austrian Constitutional Court, on the Council of Europe’s Committee for the Prevention of Torture and as an Adjunct Professor of Constitutional Jurisdiction and Fundamental Rights at the Johannes Kepler Universitat in Linz, Austria.
Our thoughts and condolences are with his family.
Oct 3, 2014 | Agendas, Events
Today, the International Commission of Jurists (ICJ) held its second expert roundtable on asylum claims based on sexual orientation and/or gender identity.
Participants included asylum judges, lawyers, and academics, as well as officials from the Office of the UN High Commissioner for Refugees and staff members from a number of civil society organizations.
Prof. Hathaway, Director of the Program in refugee and asylum law at the University of Michigan Law School, Prof. Anker, Director of the Harvard Law School’s Immigration and Refugee Clinical Program, and Judge Lars Bay Larsen, judge of the Court of Justice of the European Union, were the main speakers at the roundtable. Each delivered a presentation focussing on different normative aspects of asylum claims based on sexual orientation and/or gender identity.
The programme of the second expert roundtable, including a list of all participants, can be downloaded here.
This roundtable forms part of a broader ICJ’S project on international protection claims based on sexual orientation AND/OR gender identity. The programme of the first roundtable organised in Brussels last June can be downloaded here. The ICJ’s commentary on the related CJEU judgment in X, Y and Z v. the Netherlands can be downloaded here.
Sep 27, 2014 | News
On 24-26 September 2014, the ICJ conducted a workshop on fair trial standards and trial monitoring for Vietnamese lawyers in Manila, Philippines.
The objectives of the workshop were to strengthen the participants’ understanding of fair trial standards and to increase the pool of trained lawyers available to conduct trial monitoring activities in the ASEAN region.
As part of the workshop, the participants observed several criminal proceedings at the Regional Trial Court of Quezon city and visited the Paranaque City Jail, in Manila.
The speakers included experts from the Free Legal Aid Group (FLAG), the Human Rights Resource Center (HRRC), and the Asian International Justice Initiative (AIJI).
The ICJ’s manual on trial monitoring, which was used at the training, provides trial observers with practical guidance on how to prepare for a trial observation mission, carry out the observation and write the follow-up report.
It also provides a synthesis of the basic legal standards applicable in relation to (i) the right to a fair trial, (ii) the right to remedy of victims of human rights violations, and (iii) combating impunity.
Sep 26, 2014 | News
The government of Nepal has failed for over a decade to deliver justice for the killing of Krishna Prasad Adhikari. In protest his father, Nanda Prasad Adhikari, died on September 22, 2014, after over 300 days on hunger strike, the ICJ and Human Rights Watch said today.
Nanda Prasad Adhikari and his wife, Ganga Maya Adhikari (photo), began their hunger strike on October 23, 2013, to protest the failure of successive Nepali governments to ensure a credible investigation of the killing in 2004 of their son, allegedly by members of the United Communist Party of Nepal–Maoists (UCPN-M).
The ICJ and Human Rights Watch call on the Nepali government to protect the human rights of Ganga Maya Adhikari, who is reported to be in critical but stable condition in Kathmandu’s Bir Hospital. She continues to refuse food even after her husband’s death.
“Nanda Prasad Adhikari made the ultimate sacrifice in the pursuit of justice for his son, but it should never have come to this sad moment,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific. “The Adhikari couple symbolize the thousands of people in Nepal who demand justice for the violations and abuses they suffered at the hands of the government’s armed forces as well as the Maoists.”
Despite several promises by the government, there has been little movement towards accountability for Krishna Adhikari’s death.
In September 2013, after initial protests by the Adhikari couple, Nepali authorities announced that they would follow the Supreme Court’s directive to investigate the killing.
One year later, in April 2014, the Chitwan District Attorney filed charges against 13 people allegedly involved in the killing of Krishna Prasad Adhikari.
But when two men were arrested and produced in court, UCPN-M leaders protested, with leader Babu Ram Bhattarai saying publicly that if Parsuram Poudel, one of the accused, could be arrested, the government should arrest Bhattarai as well.
After three days of protests and threats by the UCPN-M, the Chitwan District Court granted bail to the two suspects. The case is still pending in court.
Throughout this period, the Adhikaris continued their hunger strike, pointing out serious flaws and shortcomings in the investigation carried out by Nepali authorities.
“Nepali politicians should stop making empty promises and investigate all allegations of human rights abuses and violations during the conflict,” said Brad Adams, Asia director for Human Rights Watch. “Nanda Prasad Adhikari’s death highlights Nepal’s flawed attempts at reconciliation and redress for conflict-era crimes, and looks like a desire to sweep all wartime injustice under the rug.”
The Comprehensive Peace Accord (CPA) that ended the conflict in 2006 explicitly recognizes Nepal’s obligations under international human rights law without reservation.
The CPA is unequivocal about the need to investigate and prosecute human rights violations in line with Nepal’s laws.
A promised Truth and Reconciliation Commission remains stalled, and the draft legislation to promulgate it is deeply flawed.
The ICJ and Human Rights Watch call on Nepali authorities to continue investigations and prosecutions for Krishna Adhikari’s death, as well as hundreds of unresolved cases of enforced disappearances and extrajudicial executions.
Contact:
Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific, t +66-807-819-002 (mobile); e: sam.zarifi(a)icj.org
