Kazakhstan: ICJ concerned at Supreme Court’s decision to confirm the disbarment of lawyer Polina Zhukova
The ICJ today expressed concern at the decision of the Kazakhstan Supreme Court, on 26 March, to affirm the disbarment of lawyer Polina Zhukova on spurious grounds that run contrary to international standards on the role and independence of lawyers.
Nauru: crisis for rule of law deepens
The crisis for the rule of law in Nauru, triggered by actions by the executive government that undermine the independence of the judiciary, has deepened.
Nauru Chief Justice Geoffrey Eames resigned on 13 March 2014, two months after the Nauru government summarily dismissed and expelled a judge despite the Chief Justice’s orders to the contrary, and blocked the Chief Justice from returning to the country. A letter of concern ICJ wrote to the government of Nauru several weeks ago remains unanswered.
The decision of the Chief Justice to resign ended the stalemate the government had created by continuing to deny him entry to the country despite the legislature’s refusal to allow the government to impeach him on spurious grounds. It did not, however, end the continuing crisis the government’s actions have created for the independence of the judiciary and the rule of law in Nauru.
The ICJ had earlier publicly expressed its deep concern about the removal of Magistrate Law from office in absence of any due process, and in violation of an injunction issued by the then Chief Justice Eames, and the arbitrary denial of the Chief Justice of access to Nauru. Chief Justice Eames has said that, even by the time of his resignation in mid-March, he had not received any explanation of the specific reasons for cancellation of his visa.
The ICJ’s Centre for the Independence of Judges and Lawyers (CIJL) wrote to President Baron Waqa and relevant ministers of government on 8 March 2014 requesting information and calling upon the government to immediately reverse and remedy the actions taken against the Resident Magistrate and Chief Justice, and to adhere to concrete procedural safeguards to re-establish protection of the rule of law (PDF: Letter-Nauru-IndependenceJudiciary-03032014). To date, the ICJ has received no response.
Strategic Session for human rights defenders in West, East and Southern Africa
The ICJ hosted over 40 human rights defenders (HRDs) from Southern, Eastern and Western Africa to deliberate on strategies for enhancing the protection of human rights and human rights defenders.
The event took place on 27-28 March 2014 in Tswane, Pretoria.
Several African dignitaries attended the strategy session, including various independent experts from the African Union and United Nations focusing on protection and promotion of the work of human rights defenders.
This reflection session came in the wake of the increased sophistication of acts that undermine the independent, safe and secure operation of human rights defenders in Africa.
These acts include restrictive and punitive legislative enactments, in countries such as Uganda, Ethiopia and Kenya, and extra judicial killings and enforced disappearances in countries such as the Democratic Republic of Congo, Sudan, and South Sudan.
Other acts undermining the work and security of human rights defenders include the prohibition of access to funding; defamatory labeling of HRDs as “spies”, “unpatriotic”, “traitors”, and “foreign agents”; and the passing of laws criminalizing homosexuality.
The Universally acclaimed Declaration on Human Rights Defenders has recorded a greater number of breaches in recent times than before.
There is an increasing need for defenders to identify and reflect on opportunities to strengthen their collective responses and to provide rapid in-country and regional support and solidarity that nurtures a spirit of resilience, collectiveness and camaraderie within universally accepted norms of the defence of human rights.
Contact
Arnold Tsunga, Director, ICJ Africa Regional Programme, Arnold.tsunga(a)icj.org, +27731318411, or
Martin Okumu-Masiga, Deputy Director, ICJ Afria Regional Programme, Martin.okumu-masiga(a)icj.org, +27110248268 (full text in PDF)
Southern Africa-Strategic Session rapide response-Publications-Workshop report-2015-ENG (full text in PDF)
Swaziland: Thulani Maseko and Bheki Makhubu ordered to remain in custody
The ICJ consider that yesterday’s order to prolong the detention pending trial of Swazi human rights lawyer, Thulani Rudolf Maseko, and The Nation Magazine editor Bheki Makhubu, for 7 more days, was inconsistent with the right to liberty.
The ICJ sent a team of lawyers to observe yesterday’s court hearing in Mbabane because of concerns that not only was the arrest and detention seemingly arbitrary, but also that the charges for contempt of court may be inconsistent with the enjoyment of the right to freedom of expression.
In the light of its concerns in the case, including with regard to the respect for the rights to a fair hearing before an independent and impartial tribunal, the rights to liberty and the rights to freedom of expression, the ICJ intends to continue to monitor the proceedings against Thulani Rudolf Maseko and Bheki Makhubu, and will send an international observer to the next hearing which is expected to take place on 1 April 2014.
Further information:
swaziland-maseko and makhubu custody hearing-2014 (full press release)
Contact:
Arnold Tsunga, Director, ICJ Africa Regional Programme, Arnold.tsunga(a)icj.org, +27 11 024 8268 or +27 73 131 8411
Martin Okumu-Masiga, Deputy Director, ICJ Africa Regional Programme, martin.okumu-masiaga(a)icj.org, +27 78 234 9125.
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