ICJ Submission to Human Rights Committee on Sri Lanka

ICJ Submission to Human Rights Committee on Sri Lanka

The International Commission of Jurists (ICJ) made a submission for the Committee’s review of Sri Lanka in its 135th session to be held in June-July 2022. The ICJ brings to the Committee’s attention a select range of areas where Sri Lanka has failed to comply with its ICCPR obligations. This limited submission is without prejudice to numerous other areas in which Sri Lanka may be in violation of the Covenant.

Please find the submission here: ICJ Sri Lanka Submission Human Rights Committee 30 May

Poland: ICJ and Amnesty International intervene before European Court against arbitrary disciplinary proceedings of Judge Igor Tuleya

Poland: ICJ and Amnesty International intervene before European Court against arbitrary disciplinary proceedings of Judge Igor Tuleya

The ICJ and Amnesty International have submitted today to the European Court of Human Rights their intervention in the case of Judge Igor Tuleya who alleges that the seven disciplinary proceedings brought against him have affected his reputation as a judge and undermine the authority of the judiciary.

Judge Igor Tuleya contests that the disciplinary proceedings brought against him were in violation of his right to respect for private life and of his right to an effective remedy against violation of human rights.

The case takes place in the context of the “reform” of the judiciary in Poland, involving policy measures and legislative changes approved between late 2015 and 2020, which have seriously compromised the independence of the judiciary.

The intervention focuses on three main issues:

  • The scope of application of Article 8 and Article 13 in cases relating to disciplinary proceedings against judges, in light of international standards on disciplinary proceedings and measures and effective domestic remedies; of the Court’s Convention jurisprudence; and of general principles on the rule of law and the role and independence of the judiciary.
  • The situation of the independence of the judiciary in Poland as the context in which to assess the application of Articles 8 and 13.
  • The scope of Article 10 as applied to judges, including those engaged in the administration of the judiciary.

ECtHR-AmicusBrief-Tuleya_v_Poland-Advocacy-Legal-Submission-2020-ENG (download the third party intervention)

Poland: ICJ intervenes before European Court in case on Supreme Court’s independence

Poland: ICJ intervenes before European Court in case on Supreme Court’s independence

The ICJ submitted today a third party intervention to the European Court of Human Rights in a key case challenging the independence of the Disciplinary and Extraordinary Chambers of Poland’s Supreme Court.

In the case of Reczkowicz and Others v. Poland, the European Court of Human Rights will consider whether the recently established Disciplinary and Extraordinary Chambers of the Supreme Court of Poland may be considered an “independent and impartial tribunal” in order to satisfy the requirements of the right to a fair trial under article 6 of the European Convention on Human Rights (ECHR).

In its third party intervention, the International Commission of Jurists has submitted that a court cannot be considered as independent whenever the body that has appointed its members lacks guarantees of independence from the executive and legislative powers as enshrined in standards of the Council of Europe and the United Nations, including that at least half of its members be judges elected by their peers.

It further concluded that a court composed by judges appointed by a non-independent body or via a non-independent procedure will not be capable of constituting an independent and impartial tribunal under article 6 ECHR.

Poland- ECtHR-Reczkowicz and Others v Poland – TPI – ICJ – 2020 -ENG (download the third party intervention)

 

Poland: ICJ and Amnesty International intervene in case of removal from National Judicial Council

Poland: ICJ and Amnesty International intervene in case of removal from National Judicial Council

The ICJ and Amnesty International have presented today a third party intervention before the European Court of Human Rights in the case of the premature dismissal of Judge Waldemar Zurek from his position in the National Judicial Council.

In the case Zurek v. Poland, the ICJ and Amnesty International presented submissions on the scope of application of the right to a fair trial under Article 6.1 of the European Convention on Human Rights (ECHR) in cases relating to the role of an independent judiciary and its members through self-governance mechanisms (such as the National Council of the Judiciary) in light of international standards on judicial councils, judicial appointments, the judicial career and security of tenure; of the Court’s Convention jurisprudence; and of general principles on the rule of law and the role and independence of the judiciary.

They further submitted obervations on the scope of  the right to freedom of expression under Article 10 ECHR as applied to judges, including those engaged in the administration of the judiciary.

ECtHR-AmicusBrief-Zurek_v_Poland-Advocacy-Legal-Submission-2020-ENG (download the third party intervention)

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