Mar 2, 2015 | Advocacy, Open letters
The ICJ today joins with dozens of other NGOs from around the world in an open letter calling for the UN Human Rights Council to establish a Special Rapporteur on Privacy at its current session.
The UN General Assembly, the UN High Commissioner for Human Rights, existing special procedure mandate holders, and many states and civil society organisations have recognized the pressing need to provide continuous, systematic and authoritative guidance on the scope and content of the right to privacy as enshrined in article 12 of UDHR and article 17 of ICCPR. Significantly, all of them have identified the need to assess and monitor the ongoing implementation of this right. The creation of a Special Rapporteur would fill this long-standing gap.
Although the initiative, led by Germany and Brazil, has its origins in concerns about online and telecommunications surveillance, the call is for the creation of a Special Rapporteur with a mandate to look at all aspects of the right to privacy, in all contexts, including issues relating to private sector practices.
HRC28-SRPrivacy-Advocacy-JointLetter-2015
Oct 16, 2014 | Advocacy, Analysis briefs, News, Open letters
The ICJ condemns the imminent “trial” of Constitutional Court judges by Bolivia’s Senate, in proceedings that could see the judges sent to prison over politicians’ disagreement with a legal ruling.
The proceedings “violate the independence of the judiciary and the right to fair trial,” the Geneva-based organization wrote today in an open letter to all Senators and Deputies of the legislative assembly.
The charges in the trial, scheduled to begin on 21 October, are based entirely on a precautionary ruling by the judges that parts of a new law regulating notaries should not be implemented until the Court has an opportunity to hear a constitutional challenge to the law.
“The spectacle of dozens of politicians pretending to act as an independent and impartial criminal court, threatening to throw constitutional court judges in jail over a difference of opinion as to interpretation of the law, is incompatible with respect for human rights, the separation of powers, and the rule of law,” said Matt Pollard, Head of the Centre for Independence of Judges and Lawyers at the ICJ.
Constitutional Court Judges Soraida Rosario Chanez Chire and Ligia Mónica Velásquez Castaños are to be tried on 21 October, while proceedings against Judge Gualberto Cusi Mamani have reportedly been temporarily suspended for reasons of health. The judges were suspended from duty on 28 July.
An analysis brief published by the ICJ and sent to the legislative members concludes that the proceedings violate Bolivia’s international legal obligations under the American Convention on Human Rights and the International Covenant on Civil and Political Rights.
The brief also cites judgments of the Inter-American Court of Human Rights that found violations of the American Convention as a result of defective parliamentary proceedings for removal of judges in other countries. The proceedings in Bolivia are poised to be even more egregious than the proceedings at issue in the earlier judgments, given the possibility for the Bolivian Senate (photo) to impose a criminal conviction and imprisonment.
“The ICJ urges the Senators and Deputies immediately to cancel the proceedings, to end the judges’ suspension from duty, to refrain from any other form of interference with judicial independence, and to reform judicial discipline and removal procedures to bring them into line with international standards,” said Pollard.
(update as of 21 October: the proceedings were postponed to 4 November after one of the judges collapsed on arrival at the Legislative Assembly and was taken to hospital).
Contacts:
English: Matt Pollard, Head of the Centre for Independence of Judges and Lawyers at the ICJ, t: +41 79 246 54 75; e: matt.pollard(a)icj.org
Spanish: Carlos Ayala, ICJ Commissioner, t: +58 212 952 8448; e: carlos.ayala(a)icj.org
BOLIVIA-Unfair trial of judges-News-Press release-2014-SPA (full text in PDF)
BOLIVIA-unfair trial of judges-Advocacy-Open letter-2014-ENG (full text in PDF)
BOLIVIA-unfair trial of judges-Advocacy-Open letter-2014-SPA (full text in PDF)
BOLIVIA-unfair trial of judges-Advocay-Analysis brief-2014-ENG (full text in PDF)
BOLIVIA-unfair trial of judges-Advocacy-Analysis brief-2014-SPA (full text in PDF)
May 19, 2014 | Advocacy, News, Open letters
A joint statement from civil society groups, including ICJ, calling on Cambodia’s National Assembly to delay debate on the three draft laws related to the judiciary.
Sep 21, 2009 | Advocacy, Open letters
The ICJ urged the UN Human Rights Council to establish a new expert mandate to exercise early-warning of human rights violations in crisis situations, aimed at securing the protection of civilians in conflicts.
Such a mandate would carry out a fact-finding and make recommendations to the UN in order to prevent and help stop human rights violations and crimes, and to ensure accountability of their perpetrators.
ICJ Intervention Following the Update by the UN High Commissioner for Human Rights-Open Letters-2009 (Full text, PDF)
Jun 4, 2009 | Advocacy, Open letters
The ICJ drew the attention of the Special Rapporteur on the human rights of migrants to the fact that between 6 and 10 May 2009 the Italian authorities intercepted some 500 migrants in international waters.
These people were trying to reach Italy in small boats. Italian authorities escorted them back to Libya, without taking due account of Italy’s obligations in relation to potential asylum-seekers or others who may not be transferred to Libya for reasons of non-refoulement, as stipulated in Article 33 of the 1951 Geneva Convention Relating to the Status of Refugees.
Italy-intervention SR Migrants-non-legal submission-2009
Jan 13, 2009 | Advocacy, Open letters
The ICJ condemned Israel’s military attacks in Gaza that have been indiscriminate or disproportionate.
The ICJ called for an immediate end to the Israeli military operations that came in response to indiscriminate Hamas’s rocket attacks on civilian targets in southern Israel. It also called on Hamas to unconditionally stop these attacks that violate the principle of distinction.
While supporting an immediate, durable and fully respected cease-fire, the ICJ urged the Human Rights Council to establish a Commission of Inquiry to conduct a fact-finding investigation on violations of international human rights and international humanitarian law by all parties.
Israel-ICJ Intervention on Serious Violations of Human Rights & Humanitarian Law-non-legal submission-2009 (full text, PDF)
