Mar 18, 2015 | Non-legal submissions
The Colombian Commission of Jurists, an affiliate of the ICJ, made an oral statement to the UN Human Rights Council today, addressing threats to the independence of the judiciary in Bolivia.
The statement came in the discusson of Bolivia’s review by the Council universal periodic review procedure, in which Bolivia accepted recommendations on judicial independence, including to “guarantee the full independence of the judiciary system, in accordance with…international standards.”
In response, the ICJ and Colombian Commission of Jurists highlighted the disciplinary and criminal proceedings brought by the Legislative Assembly against three judges of the Constitutional Court at the end of last year. The proceedings were based solely on the disagreement of the political branches with an interim order issued by the Court in a case challenging the constitutionality of a new law to regulate notaries.
In the so-called “trial” conducted by the Legislative Assembly in December, Assembly Members’ statements demonstrated a manifest lack of impartiality. The Assembly extensively and arbitrarily limited the rights of the judges to present evidence and witnesses in their defence.
In the result, one judge was arbitrarily removed from office in January, and another resigned under the pressure. The Assembly also referred both of these women for criminal prosecution. Proceedings against a third judge were suspended only for health reasons.
As the Government had announced that it will seek radical reform of the judicial system during 2015. In light of recent events, the two organisations asked:
- How will Bolivia ensure that reforms are consistent with universal and regional standards on the role and independence of the judiciary?
- What role will Bolivian and international civil society and legal experts have in developing the reforms?
- Will reforms ensure a judicial selection procedure that is based on objective criteria and truly independent of the executive and legislative branches of government?
- Will consideration be given to transferring responsibility for discipline and removal procedures to a new independent and impartial body, with real guarantees of fairness, and clearly defined grounds for removal that exclude disagreement with rulings?
Ireland had also raised concern about independence and effectiveness of the judiciary in its oral statement.
The delegation of Bolivia mentioned in its opening statement its intention to convene a forum on judical reforms and put reforms to a referendum, but did not provie any details other than that various sectors of Bolivian society would be involved. During the opportunity given at the end of the session to respond to the questions from states and NGOs, the delegation of Bolivia chose not to address these issues.
Read also Bolivia: ICJ condemns removal and forced resignation of Constitutional Court judges by Legislative Assembly and links therein.
The full written statement may be downloaded in PDF format here: Bolivia-HRC28-UPR-Advocacy-non legal submission-2015-ENG
Mar 13, 2015 | Advocacy, Non-legal submissions
The Colombian Commission of Jurists, an affiliate of the ICJ, today called for the UN Human Rights Council to uphold the use of civilian courts, rather than military tribunals, to try civilians and to adjudicate claims for human rights violations.
An oral statement to the UN Human Rights Council highlighted that:
- military tribunals should as a matter of principle have no jurisdiction to try civilians or to adjudicate claims of serious human rights violations;
- These matters should be the domain of civilian courts; and
- The jurisdiction of military tribunals should be restricted to specifically military offenses committed by military personnel.
The oral statement emphasised to the global reach of the issue, referring by way of example to the military commissions established by the United States of America at Guantánamo Bay, as well as recent negative developments in Colombia, Egypt, Thailand and Pakistan.
The statement noted that the Principles Governing the Administration of Justice Through Military Tribunals presented to the Commission on Human Rights by Emmanuel Decaux in 2006 (UN Doc E/CN.4/2006/58), are widely referenced, but have yet to receive full recognition by the Human Rights Council. The statement added its support to the calls by the Special Rapporteur on Independence of Judges and Lawyers, the Working Group on Arbitrary Detention, and others, for the Council to endorse and seek implementation of the Principles without further delay.
The statement responds to an expert consultation on the administration of justice through military tribunals convened by the Council (UN Doc A/HRC/28/32).
The full oral statement can be downloaded in pdf format here: Advocacy-HRC28-MilitaryCourts-OralStatement-2015
Said Benarbia, Director of ICJ’s Middle East North Africa Programme participated in the expert consultation.
His statement can be found here: MENA-Military Courts HRC28-Advocacy-2015-ENG (full text in PDF).
Thailand exercised its right of reply, which can be viewed in the UN webcast archive, here.
Sep 16, 2014 | Advocacy, Non-legal submissions
ICJ affiliate the Colombian Commission of Jurists today delivered an oral statement at the UN Human Rights Council, concerning enforced disappearances in Thailand.
The statement noted that of the 81 cases transmitted by the Working Group on Enforced or Involuntary Disappearances to the Royal Thai Government between 1980 and 2014, the Government has clarified only two (A/HRC/27/49, 5 August 2014).
The statement highlighted the case of Somchai Neelapaijit, a lawyer and human rights defender, who was subjected to enforced disappearance more than 10 years ago but whose case remains unresolved. I also described the recent disappearance of Pholachi “Billy” Rakchongcharoen, a Karen minority human rights activist, who has not been seen since April 2014, when he was last seen in the custody of certain public officials with whom he and his community were engaged in an ongoing legal dispute.
The statement emphasised that Thailand must effectively investigate all cases and provide victims, including family members, withfull remedies and reparation. Enforced disappearance should be a distinct crime in domestic law, with penalties reflecting its extreme seriousness. Thailand should also accept the 30 June 2011 visit request of the Working Group and ratify the Convention for the Protection of All Persons from Enforced Disappearance, which it signed on 9 January 2012.
Thailand exercised its right of reply to respond to the oral statement.
The statement can be downloaded in PDF format here: Thailand-EnforcedDisappearance-Advocacy-non legal submission-2014-ENG
The statement and reply can be viewed in the UN video archive, here.
A written version of the reply by Thailand (unofficial, the official reply is as delivered in the video above) can be downloaded in PDF format here: Thailand_R of Reply_GD_18
Sep 15, 2014 | Advocacy, Non-legal submissions
The ICJ supports a joint oral statement, delivered by ARC International, in relation to the Panel on “Protection of the Family”, at the UN Human Rights Council today.
The oral statement emphasised the importance of recognising the diversity of forms of families around the world.
It also noted that familes can be sites for transmissions of values, and that this can on the one hand include the promotion of human rights values, or on the other hand values incompatible with respect for human rights.
Finally, the statement highlighted that a human rights-based approach to family policies must recognise that individuals within families have human rights that require protection. Indeed, while families have the potential to help protect the human rights of their members from violations, families also have the potential to conceal abuses of human rights within the family.
The full statement in PDF format may be downloaded here: Universal-ProtectionofFamily-Advocacy-nonlegalsubmission-2014.EN
Sep 12, 2014 | Advocacy, Non-legal submissions
The Colombian Commission of Jurists, an ICJ affiliate, delivered an oral statement during the Interactive Dialogue with the UN Special Rapporteur on Truth, Justice, Reparations and Guarantees of Non-recurrence, and the Working Group on Arbitrary Detention, at the Human Rights Council.
Sep 5, 2014 | Advocacy, Non-legal submissions, Uncategorized
The ICJ, Amnesty and independent experts Eugene R. Fidell, Elizabeth L. Hillman, Nancy Duff Campbell, made a submission for the Universal Periodic Review (UPR) of the United States on the failure of the US military justice system to comply with the State’s international human rights obligations.
USA-Military Justice system UPR-Advocacy-non legal submission-2014 (full text in pdf)
