May 28, 2018 | Advocacy, Non-legal submissions
Today, the ICJ and 22 other rights organizations submitted a paper to the 30th meeting of Chairs of the human rights treaty bodies (Chairpersons meeting) in New York (28 May-1 June).
This paper is presented to the 30th meeting of Chairs of the human rights treaty bodies (Chairpersons meeting) by non-governmental organizations that contribute to many aspects of the work of the treaty bodies, including by encouraging and supporting national partners in their use of the system.
It focuses on existing good practices in treaty body working methods and makes recommendations for further discussions.
The signing NGOs hope that this submission will provide a basis for an effort by the treaty body Chairpersons to take stock of some of the important changes to working methods that the treaty bodies have undertaken and lead to further discussion on areas where greater alignment of working methods would make a particularly meaningful contribution to NGOs’ efforts to engage with the treaty bodies and promote better implementation by States of their human rights obligations.
Universal-Amnesty-Submission-to-the-30th-meeting-of-chairs-of-the-human-rights-treaty-bodies-Advocacy-non legal submission-May-2018-ENG (Full text in PDF)
May 18, 2018 | Advocacy, Non-legal submissions
Speaking today at a special session of the UN Human Rights Council, the ICJ joined calls for an independent international inquiry into the use lethal and other force by Israeli security forces in Eastern Gaza.
The statement read as follows:
The International Commission of Jurists (ICJ) deplores apparent violations of international law by Israeli security forces during the past six weeks in Eastern Gaza near the border with Israel, in relation to demonstrations by Palestinians.
The ICJ is concerned at the many killings and serious injuries associated with the excessive, unjustified or otherwise unlawful use of force, including the killing of a number of children.
The ICJ recalls that international human rights law permits use of lethal force only when strictly necessary to protect life. The ICJ understands that Israel has taken the position that only the international law of armed conflict, and not international human rights law, was applicable, and that all lethal force used against protestors was justified. The ICJ insists that human rights law – and specifically, standards on the use of force in law enforcement contexts – was indeed applicable, and that the use of lethal force was in the circumstances wholly unjustified.
Excessive force, including lethal force, has apparently been used against unarmed persons who do not pose a threat to life. Irrespective of legal regime, such use of force is manifestly inconsistent with the principles of necessity and proportionality.
The ICJ joins the call for this Council to establish an independent Commission of Inquiry or similar investigation, to ensure accountability for serious violations of international law.
Update: The session concluded with the adoption (29 yes, 2 no, 14 abstained) by the Council of a resolution establishing a Commission of Inquiry.
Apr 17, 2018 | Advocacy, Cases, Legal submissions, News
The ICJ and other NGOs jointly intervened before the Grand Chamber of the European Court of Human Rights in a case against Spain on the denial of entry of asylum seekers in the enclave of Melilla.
The ICJ, the European Council on Refugees and Exiles, the AIRE Centre, Amnesty International and the Dutch Refugee Council argued that the European Convention on Human Rights prohibits refusal of entry, and/or return of a person to face serious violations of human rights, including of the right to life, the prohibition of torture or inhuman or degrading treatment or punishment, or flagrant denial of justice and of the right to liberty.
They submitted that these refusals of entry are also contrary to the rights set out in the EU Charter of Fundamental Rights (CFR) and the prohibition on non-refoulement found in the 1951 Geneva Convention on the Status of Refugees (Refugee Convention).
The joint interventions presents the argument that, for these prohibitions to be practical and effective and not theoretical and illusory, Contracting Parties must have in place effective systems for identifying people within their jurisdiction who are entitled to benefit from the prohibition on refusing entry.
Spain-ICJ&others-AmicusBrief-ND&NT-ECtHR-GC-legalsubmission-2018 (download the thirty party intervention)
Apr 16, 2018 | Advocacy, News, Non-legal submissions
The ICJ and ECRE have presented today to the United Nations Special Rapporteur on the human rights of migrants a submission on access to justice for migrants in Europe.
The submission is an input for the forthcoming report of the UN Special Rapporteur on access to justice for migrants to the UN General Assembly.
The International Commission of Jurists (ICJ) and the European Council on Refugees and Exiles (ECRE) have provided a brief overview of aspects of access to justice for migrants, with a particular focus on asylum seekers and migrant children, in European countries.
The issues dealt with include:
- obstructions to access to justice in relation to access to the territory;
- the undue use of national security exceptions to weaken access to justice in immigration procedures;
- concerns with access to justice in expulsion and detention procedures;
- specific obstacles to access to justice for asylum seekers, including when appealing the rejection of their claims by first instance asylum authorities before a judicial or administrative appeal body;
- specific obstacles to access to justice for undocumented minors.
ICJECRE-NonLegalSubmission-SRMigrants-Access2JusticeEurope4Migrants-2018-ENG (download the submission)
Mar 28, 2018 | Advocacy, Non-legal submissions
The ICJ today submitted a report to the UN Committee against Torture, calling for recommendations to be made on prevention of and accountability for continued recourse to torture and ill-treatment in Tajikistan.
The ICJ’s submission is made ahead of consideration by the Committee against Torture in April to May 2018 of Tajikistan’s third periodic report on the implementation of its obligations under the Convention against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment.
The ICJ’s report draws from an earlier study on Achieving Justice for Gross Human Rights Violations in Tajikistan and calls on the Committee against Torture to make recommendations concerning:
- The obligation to adequately sanction torture;
- The obligation to prevent torture and other forms of ill-treatment, including in places of detention;
- The obligation to investigate allegations of torture and ill-treatment;
- The use of amnesties and pardons for torture;
- The prohibition against the use of evidence obtained by torture;
- The right to complain about torture and ill-treatment; and
- The right of victims to effective remedies and reparation.
Tajikistan-CAT-Advocacy-AlternativeReport-2018ENG (download the ICJ’s submission, in PDF)
Mar 27, 2018 | Advocacy, Non-legal submissions
On 27 March 2018, the ICJ, Thai Lawyers for Human Rights (TLHR) and Cross Cultural Foundation (CrCF) made a joint follow-up submission to the UN Human Rights Committee on Thailand’s implementation of the Committee’s prioritized recommendations.
On 23 March 2017, during its 119th Session, the Human Rights Committee adopted its concluding observations on the second periodic report of Thailand under article 40 of the International Covenant of Civil and Political Rights (ICCPR).
Pursuant to its rules of procedure, the Committee requested Thailand to provide a follow up report on its implementation of the Committee’s recommendations made in paragraphs 8 (constitution and legal framework) 22 (extrajudicial killings, enforced disappearances and torture) and 34 (conditions of detention) of its concluding observations by 23 March 2018. To date, the Thai authorities are yet to file their follow-up report with the Committee.
In their joint submission to the Human Rights Committee, the ICJ, TLHR and CrCF detailed their concerns in relation to Thailand’s failure to implement the Committee’s recommendations in paragraphs 8 and 22 of its concluding observations. The three organizations’ submission focuses on their concerns arising from the following:
Constitution and legal framework
- Orders by the Head of the National Council for Peace and Order (‘HNCPO’); and
- Escalation in use of HNCPO Order No. 3/2558 to restrict fundamental freedoms.
Extrajudicial killings, enforced disappearances and torture
- Allegations of widespread use of torture and other ill-treatment;
- Incommunicado detention;
- Southern Border Provinces; and
- Threats and reprisals against persons working to bring to light cases of alleged torture, ill–treatment and enforced disappearance.
Read also
ICJ and Thai Lawyers for Human Rights, Joint submission to the UN Human Rights Committee, 13 February 2017
Contact
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, e: kingsley.abbott(a)icj.org
Thailand_Joint-Follow-up-Human-Rights-Committee-Submission-march-2018 (Full submission in ENG, PDF)
Thailand-Follow up HRC-Advocacy-Non legal submission-2018-THA (Thai version, in PDF)
