Feb 19, 2019 | Advocacy, Cases, Legal submissions
On 19 of February the ICJ submitted a third party intervention to the European Court of Human Rights in the case of Telek and others v. Turkey.
In its intervention, the ICJ addresses two main questions considering the effectiveness of domestic remedies concerning passport cancellation as a consequence of dismissal under emergency decrees:
- Whether the State of Emergency Commission and/or judicial remedies subsequent to the decision of the Commission might constitute an effective remedy.
- Whether separate remedies for passport cancellation can provide effective relief for the applicants’ claims.
In that respect of mentioned systemic issues the ICJ presents the Court the observations concerning the capacity of the Turkish legal system to provide effective remedies for violations under the European Court of Human Rights, in light of its Convention obligations, in particular obligations under Article 13.
The ICJ submission includes analysis of the Turkish legal system based in part on an ICJ mission to Turkey undertaken in May 2018 that focused on the functioning of the State of Emergency Commission created by Legislative Decree no. 685.
Turkey-icj-Telek&Others-Advocacy-legal submission-2019-ENG (download the intervention in Telek and others v. Turkey).
Feb 18, 2019 | Advocacy
National, regional and international NGOs, including the ICJ, play a critical role in the work of the treaty bodies through monitoring the implementation of the treaties at the national level, providing information to the treaty bodies, and encouraging states to give effect to the treaty bodies’ recommendations.
This document contains a call from NGOs for an inclusive review process on treaty body strengthening.
Feb 13, 2019 | Advocacy, Non-legal submissions
The ICJ has opened a call for written submissions on the misuse of criminal law in the areas of sexuality, reproduction, drug use and HIV.
In 2016 the UN Secretary General called for the removal of punitive laws, policies and practices that violate human rights, stating that the misuse of criminal law often negatively impacts on health and human rights, particularly in areas of sexuality, reproduction, sex work, drug use and HIV.
Recognizing a need for greater guidance to achieve such law reform, ICJ is seeking inputs for the development of principles to address the detrimental impact on health, equality and human rights of criminalization with a focus on sexuality, reproduction, drug use and HIV.
This is an important opportunity for civil society, academics, law makers, human rights experts, community groups and persons affected by the relevant criminal laws, to provide input, including on the effect of such criminal laws, when and how criminal law should be used, what reforms are needed and what role criminal law should play in the relevant areas.
A background paper providing further information is annexed to the call for written submissions.
The deadline for submissions is the 31st of March 2019.
These submissions will feed into the development of a set of principles to address the detrimental impact on health, equality and human rights of criminalization with a focus on select conduct in the areas of sexuality, reproduction, drug use and HIV.
Please send your submissions, as well as any questions or clarifications, to decrimconsultation@icj.org
CallforSubmission-DecriminalizationProject-ICJ-2019-2-eng (download the call in English)
CallforSubmission-DecriminalizationProject-ICJ-2019-2-fra (download the call in French)
CallforSubmission-DecriminalizationProject-ICJ-2019-2-esp (download the call in Spanish)
CallforSubmission-DecriminalizationProject-ICJ-2019-2-rus (download the call in Russian)
Feb 13, 2019 | Advocacy
Entitled “Developing principles to address the detrimental impact on health, equality and human rights of criminalization with a focus on select conduct in the areas of sexuality, reproduction, drug use and HIV”, the ICJ statement was delivered today at the UN.
The ICJ statement, delivered during the Consultation on Human Rights in the HIV response organized by the UN High Commissioner for Human Rights in collaboration with UNAIDS, focused on the need to engage jurists in addressing the detrimental impact on equality, health and human rights, of criminalization of sexual and reproductive healthcare services, including abortion; of consensual sexual conduct, including consensual sex work, consensual sex outside marriage, consensual same-sex relations, and consensual adolescent sexual activity; of drug use, of possession of drugs for personal use; and of HIV non-disclosure, exposure and transmission.
Download the full statement:
Universal-ICJ statement HIV-Advocacy-2019-ENG
Feb 7, 2019 | Advocacy, Non-legal submissions
The ICJ has submitted a written statement on Sri Lanka to the Human Rights Council ahead of its 40th Session in Geneva.
Almost ten years after Sri Lanka emerged from a period of conflict and massive human rights violations, the Government of Sri Lanka still has largely failed to implement its human rights obligations and commitments as reflected in Resolution 30/1.
The ICJ statement focuses on two of four transitional justice mechanisms which the Government committed to establish under the Resolution: (a) the judicial mechanism with special counsel to investigate violations of human rights and international humanitarian law; and (b) the office of missing persons. It highlights how female victims of war are uniquely impacted by the Government’s failure to implement the commitments made before the UNHRC and underscores the importance of holistically including women when such measures are implemented.
Recommendations:
The ICJ considers that the gravity and character of the crimes under international law committed in Sri Lanka, and the failure of the Government of Sri Lanka to meet its obligations and commitments to ensure justice for such crimes including as provided for in resolution 30/1, means that referral to the International Criminal Court or the creation of another international mechanism to facilitate criminal accountability would be fully warranted. If however the Council does not choose to pursue these options at this stage, the ICJ urges the Council at minimum to:
- Continue the monitoring of Sri Lanka through the adoption of a new resolution to ensure that the Government complies with all its obligations and commitments as reflected in resolution 30/1.
- Provide for OHCHR to develop, with the Sri Lankan Government, an implementation strategy with definitive timelines to ensure that the time afforded under the new resolution is utilised to expedite the implementation of measures assured under Resolution 30/1.
- Encourage Member States to exercise universal jurisdiction in order to bring perpetrators to justice.
The ICJ urges the Government of Sri Lanka to:
- Take immediate measures to establish the judicial mechanism with international involvement as contemplated under operative paragraph 6 of Resolution 30/1. The mechanism should ensure gender parity, be accessible for women in civil society, and allow female victims to fully participate in the process.
- Spread awareness regarding the importance of certificates of absence and confirm to the community that issuance of a certificate will not result in the end of efforts to find the person.
- Ensure an overall gender strategy is integrated in all other transitional justice mechanisms that are yet to be established so that structural injustices against women, especially in terms of discrimination and lack of participation, are addressed.
(full text of submission, in PDF: UN-HRC40-SriLanka-WrittenStatement-2019-EN)
Jan 25, 2019 | Advocacy, Legal submissions
Today, the ICJ and Lawyers Rights Watch Canada (LRWC) submitted a joint amicus curiae in criminal defamation proceedings against human rights defenders Nan Win and Sutharee Wannasiri for bringing to light alleged labor rights violations at Thammakaset Company Limited.
The defamation charges relate to a 107-second film, produced by the non-governmental organization Fortify Rights, which documents previous defamation complaints brought by Thammakaset against 14 of its former migrant workers from Myanmar.
Nan Win was one of the migrant workers featured in the film. Sutharee Wannasiri, former Human Rights Specialist with Fortify Rights, was charged in connection with making three Twitter posts relating to the film.
The brief aims to clarify the nature and scope of Thailand’s international legal obligations relating to the right to freedom of expression and points out that the imposition of harsh penalties such as imprisonment or large fines on a human rights defender risks having a ‘chilling effect’ on the exercise of freedom of expression, which Thailand is bound to protect pursuant to its international legal obligations.
The preliminary examinations of Nan Win and Sutharee Wannasiri will begin on 4 February and 11 March 2019, respectively.
During the preliminary examination hearing, is the Court will consider the case before it to determine if it is a prima facie case.
The preliminary examination hearing is a mandatory proceeding in matters involving prosecution claims brought by private individuals or entities, such as in the case of Nan Win and Sutharee Wannasiri.
If the preliminary examination finds that the cases are prima facie, the court will admit to trial only the charges relating to the counts deemed prima facie.
If the court finds no prima facie case, it can rule that the charges be dismissed.
Read also:
Thailand: Drop defamation complaints against human rights defenders Nan Win and Sutharee Wannasiri (3 December 2018)
Download:
Thailand-Nan Win Kratik_Amicus-Advocacy-legal submission-2019-ENG (full amicus in PDF, English)
Thailand-Nan Win Kratik_Amicus-Advocacy-legal submission-2019-THA (full amicus in PDF, Thai)
