European Court of Human Rights’ judgment inconsistent with refugee law
The ICJ expresses its disappointment today at the judgment of the European Court of Human Rights in the case of M.E. v. Sweden (Application No. 71398/12).
South Sudan: Lack of domestic judicial capacity and the need for international cooperation and justice
The ICJ made an oral statement at the UN Human Rights Council, highlighting a severe lack of domestic judicial capacity, and the large needs for justice in relation to gross violations and international humanitarian law, as well as ordinary civil and criminal matters, in South Sudan.
The ICJ reported in 2013 that, notwithstanding substantial legal reforms, the justice system in South Sudan was so under-resourced that statutory courts were effectively unavailable to a large majority of the population. Further, judicial appointment procedures were insufficiently independent or transparent to satisfy international standards. Customary courts have a greater presence, but rightly do not have criminal jurisdiction, and further do not meet international standards as regards, for instance, institutional guarantees for independence and impartiality.
In addition to the difficulties most residents already faced in accessing justice, the conflict has resulted in gross violations of human rights and international humanitarian law. South Sudan must ensure effective remedy and reparation for victims of such violations, and that anyone reasonably suspected of responsibility is investigated and, if there is sufficient evidence, prosecuted. At the same time, it must fulfill the fair and effective administration of ordinary civil and criminal justice.
Particularly given the scale and gravity of the violations, the South Sudanese justice system simply does not have the capacity to bear this burden, at least not alone. In addition to building the capacity of the domestic judiciary, it is clear that an international criminal tribunal, preferrably the International Criminal Court, will need to play a key role. Other states, too, will have to exercise all grounds of jurisdiction at their disposal, and deliver effective mutual legal cooperation.
The ICJ considers that the lack of an effective, independent and impartial court system in South Sudan may well have contributed to the rapid deterioration of the situation over the past months. Building an independent and impartial justice system in which all residents of South Sudan can have confidence is essential to preventing recurrence of the violations in the future.
HRC26-Oral statement on SouthSudan-Advocacy-non legal submission-2014 (full statement in PDF)
Egypt: military, government and politicized judiciary are crushing freedom of expression
The ICJ deplores the wave of recent decisions by Egyptian officials and courts that aim to silence journalists, human rights defenders, political activists and all those suspected of opposing the military and the government.
Morocco: ICJ concludes mission on access to justice for social rights
An ICJ delegation including ICJ Commissioners Justice Philippe Texier and Professor Olivier De Schutter concluded a one-week mission in Morocco to discuss access to justice for social rights in the country.
During its stay, the ICJ delegation met with various public authorities and civil society actors.
Among these meetings, the ICJ organized a round table discussion together with the Conseil National des Droits de l’Homme, and a discussion with civil society together with the Organisation Marocaine des Droits Humains and the Friedrich Ebert Foundation.
All the meetings allowed to discuss the normative advances as well as the remaining difficulties in the implementation of Morocco’s international obligations in the area of economic, social and cultural rights, including the obligation to guarantee effective mechanisms for the remedy and reparation of violations of these rights when they occur.
In this latter field, weaknesses have been identified in law and practice, with important efforts still to be realized in strengthening an institutional framework that is able to inquire, sanction and redress violations of ESCR.
During the discussions and consultations, the ICJ paid particular attention to the situation of marginalized and disadvantaged individuals and groups, including those who work in, and live around, free trade zones and areas for export-oriented agricultural production.
Venezuela: the rule of law undermined
The ICJ has delivered an oral statement on the independence of judges, prosecutors and lawyers in Venezuela, at the UN Human Rights Council in Geneva.
Referencing its report, Strengthening the Rule of Law in Venezuela, the ICJ discussed the failure by Venezuelan authorities to respect institutional guarantees for the independence and impartiality of the judiciary and prosecutors, as well as undue interference with individual judges, prosecutors and the legal profession. The ICJ highlighted the lack of security of tenure for most judges and virtually all prosecutors in Venezuela, and how the insecurity is amplified by cases of reprisal such as against Judge María Lourdes Afiuni Mora.
The ICJ urged Venezuelan authorities to take concrete measures to restore the rule of law and ensure the protection of human rights in Venezuela, in meaningful dialogue with civil society, and for other states to encourage Venezuela to do so.
The oral statement can be downloaded in full in PDF format here: ICJ-HRC26-Item4-Venezuela-OralStatement2-Advocacy-non-legal submission-2014
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