Mar 12, 2020 | Advocacy, Non-legal submissions
At the UN, the ICJ today highlighted the need for Kazakhstan to ensure the independence of the legal profession and the judiciary, in particular by ending the arbitrary disbarment of lawyers.
The statement, delivered during the adoption of the outcome of the Universal Periodic Review of Kazakhstan by the Human Rights Council in Geneva. The statement read as follows:
“The International Commission of Jurists (ICJ) welcomes the acceptance by Kazakhstan of the recommendations by Denmark (138.83), France (139.85), Mexico (139.86) and Austria (139.113) to uphold the rule of law and to protect the independence of the legal profession and the judiciary.
The ICJ however regrets that Kazakhstan only noted and did not explicitly support the recommendation by Czechia to “take immediate measures to ensure the effective protection of lawyers, media workers, bloggers and human rights defenders against any form of harassment” (139.114).
Furthermore, based on ICJ research, we regret to report that Kazakhstan’s assertion that the accepted recommendations are “in the process of implementation” (A/HRC/43/10/Add.1, para. 4) is simply not correct.
On the contrary, the ICJ considers that the independence of the legal profession is being actively undermined in the country.
The ICJ expresses particular concern at disbarment proceedings initiated by the Ministry of Justice, including the recent disbarment of Amanzhol Mukhamediarov and Yerlan Gazymzhanov.[1]
Finally, the situation is exacerbated by a Law on Advokatura that does not require the Bar Association’s authorisation to initiate disbarment proceedings.
To actually implement the recommendations accepted by Kazakhstan, ICJ calls on Kazakh authorities to stop all harassment of lawyers through disciplinary proceedings, readmit the lawyers unduly disbarred and reform its Law on Advokatura in line with international standards on independence of the legal profession.”
[1] See ICJ statement at https://www.icj.org/kazakhstan-disbarment-of-erlan-gazymzhanov-and-amanzhol-mukhamediarov-undermines-the-independence-of-the-legal-profession-icj-says/ .
Mar 6, 2020 | Advocacy, Non-legal submissions
The ICJ, speaking in a general debate at the UN Human Rights Council in Geneva, urged all States to work together towards adoption of a treaty on business and human rights, and highlighted threats to the independence of the judiciary in Europe.
The statement, delivered in the general thematic debate at the Council, read as follows:
“The International Commission of Jurists (ICJ) welcomes the report of the 5th session of the Intergovernmental Working Group (A/HRC/43/55) in charge of the elaboration of a treaty on business and human rights and notes the consensual nature of its conclusions and recommendations. Abuses of human rights and environmental degradation caused with the involvement of business enterprises have so far been met with very limited action by businesses and States.
The ICJ considers that the revised draft treaty is a serious and advanced proposal that is suitable for negotiations and thanks the Chair-Rapporteur for its efforts and leadership in this process.
The ICJ urges States that are not yet actively involved in the negotiations to join the growing number of States that are active for a final push.
The ICJ also draws the attention of the Council to serious threats to independence of judges and lawyers in European countries.
In Poland, judges are being disciplined merely for applying EU law, under legislation curtailing their freedom of expression and independence.
In Turkey, independence of lawyers and judges continues to be seriously compromised, as demonstrated by the disciplinary proceedings against the Gezi trial judges launched after critical comments by the President of Turkey.
The ICJ urges the Council to give attention to these developments of extreme concern.”
Feb 28, 2020 | Advocacy, Cases, Legal submissions
The ICJ has intervened with an expert opinion to support the board members of the Turkish Medial Association in the appeal against their conviction for hate speech offences. The conviction raises significant concerns for freedom of expression.
The case before the Appeal Court concerns 11 defendants, all members of the Council of the Turkish Medical Association: Mehmet Raşit Tükel, Taner Gören, Sinan Adıyaman, Mehmet Sezai Berber, Selma Güngör, Bülent Nazım Yılmaz, Funda Barlık Obuz, Dursun Yaşar Ulutaş, Ayfer Horasan, Şeyhmus Gökalp and Hande Arpat.
On 3 May 2019, the defendants were convicted at first instance by the Ankara 32 Assize Court for having issued statements opposing the war during Turkey’s Operation Olive Branch in Syria.
The Assize Court concluded that the members of the Council publicly provoked hatred or hostility in one section of the public against another section which has a different characteristic based on social class, race, religion, sect or regional difference, in a way that creates an explicit and imminent danger to public security. The Court sentenced each defendant to two terms of 10 months’ imprisonment for provoking the public to hatred and hostility in two separate statements.
Hande Arpat was additionally convicted of “disseminating propaganda in support of a terrorist organization” to 18 months and 22 days in prison concerning her three Facebook posts.
The ICJ expert opinion presented before the Court of Appeal examines international law standards relevant to the criminalization and prosecution of crimes of expression.
Turkey-AssDoctors-ExpertOpinion-2020-ENG (download the expert opinion in English)
Turkey-AssDoctors-ExpertOpinion-2020-TUR (download the expert opinion in Turkish)
Feb 5, 2020 | Advocacy, News, Open letters
ICJ Commissioners and Honorary Members today denounced the rapidly escalating rule of law crisis in Poland, after a new law was passed that would result in harassment of judges upholding the independence of the judiciary.
A group of 44 ICJ Commissioners and Honorary Members, including senior judges, lawyers and legal scholars from around the world said in their statement “it is clear that the separation of powers, the independence of the judiciary, and the capacity of Polish judges to uphold the rule of law are now severely compromised. Judges’ freedom of expression, association and assembly are under immediate threat.”
The statement
The International Commission of Jurists (ICJ), its Centre for the Independence of Judges and Lawyers (CIJL) and the undersigned Commissioners and Honorary Members of the ICJ are alarmed at the rapidly escalating rule of law crisis in Poland.
It is clear that the separation of powers, the independence of the judiciary, and the capacity of Polish judges to uphold the rule of law are now severely compromised. Judges’ freedom of expression, association and assembly are under immediate threat.
The passing by the Sejm on 23 January of the amendments to the laws on the judiciary, and their signing into law on 4 February, means that judges will be prohibited from questioning the legitimacy or institutional independence of any Polish court, even where its members have been appointed through a politically controlled process, in violation of EU and international law. Judges will face disciplinary action for denying the validity of any judicial appointment.
This law is an attempt to prevent any Polish court from upholding the independence of the judiciary, in the face of repeated legislative and government attacks on judicial independence in recent years.
This is directly contrary to the obligations of judges under the EU treaties to apply EU law, and would therefore lead to violations of Poland’s EU law obligations. It would also lead to violations of Poland’s obligations under international human rights law, since it would require judges to act contrary to their duty to uphold the right to a fair hearing before an independent and impartial tribunal.
As the Venice Commission noted in its recent opinion on the amendments, they are clearly “designed to have a nullifying effect” on recent judgments and resolutions of the Court of Justice of the EU and the Polish Supreme Court, which have called into question the validity of recent judicial appointments. As such, they do severe damage to the rule of law in Poland.
These developments follow recent legislation which has politicised the National Council of the Judiciary (NCJ) and imposed executive control of the appointment process for judges of the Supreme Court, court presidents and other judges. A powerful new Extraordinary Chamber as well as a Disciplinary Chamber of the Supreme Court, appointed under this new system, has further entrenched political control of the judiciary.
The ICJ, its undersigned Commissioners and Honorary Members, applaud the continued resolute defence of the rule of law by sections of the Polish judiciary. This has been evident in the resolution of the Supreme Court (Civil, Criminal, Labour and Social Security Divisions) of 23 January which found that recent judicial appointments meant that some Polish courts were not sufficiently independent to be legitimately constituted.
We deplore the response by President Adrzej Duda in which he suggested that judges opposing the judicial reforms on the judiciary acted out of improper self-interest.
The undersigned ICJ Commissioners and Honorary Members affirm their solidarity with Polish judges, in particular those who are currently facing abusive disciplinary or criminal proceedings for carrying out their judicial functions in accordance with the principle of judicial independence, or for exercising their freedom of expression, association or assembly as a means to defend the rule of law.
We recall that international human rights law and international standards on the judiciary require all branches of government to respect the independence of the judiciary. Furthermore, they recognise that judges have rights to freedom of expression and association and that they have a particularly important role in contributing to discussions on issues of the functioning of the judicial system and the rule of law, especially in defending the independence of the judiciary.
We call on the international community to respond to the Polish rule of law crisis in a manner appropriate to the gravity of the situation, before the damage to the Polish legal system becomes further entrenched.
In particular, we call on the European Union to urgently advance proceedings concerning Poland under Article 7 TEU, in light of the clear breach of EU law and EU fundamental values entailed by the new law, in conjunction with previous reforms, and by the government’s open defiance of decisions of the Court of Justice of the EU and the Polish Supreme Court.
Poland-Commissioners-Statement-Advocacy-Open-Letter-2020-ENG, (full text with all signatories, PDF)
Nov 22, 2019 | Advocacy, Cases, Legal submissions
Today, the ICJ intervened before the European Court of Human Rights in the case challenging the blocking of the website Wikipedia by the Turkish Government throughout the country.
In its intervention the ICJ addressed issues related to the compliance of Turkey’s Internet law and its application in practice, with rights under Article 10 ECHR to freedom of expression and to receive information.
In particular it addresses:
- international standards relating to freedom of expression on the Internet;
- evaluation of the Turkish Internet Law by international authorities, including bodies of the Council of Europe and United Nations;
- blocking of websites and other internet under Article 8/A of Law no. 5651 on Regulation of Publications on the Internet and Suppression of Crimes Committed by Means of Such Publications, and the judicial safeguards applying to such measures; and
- whether remedies including the individual application to the Constitutional Court can redress the deficiencies of the law.
Europe-Wikimedia v Turkey_TPI-Advocacy-Legal submissions-2020-ENG (download the intervention)
Nov 11, 2019 | Advocacy, Cases, Legal submissions
Today, the ICJ, the AIRE Centre, ECRE and DCR have submitted a third party intervention before the European Court of Human Rights in the case of a 2017 rescue operation of migrants, including refugees, in the Mediterranean Sea that involved the SeaWatch rescue vessel.
The case, S.S. and Others v. Italy, concerns the facts occurred during a rescue operation coordinated by the Maritime Research and Rescue Centre of Italy in Rome in the middle of the Mediterranean Sea.
It is currently litigated before the European Court of Human Rights where the victims of human rights violations at the hand of the Libya Coast Guard during the operation are suing Italy for breach of their rights under the European Convention on Human Rights.
During the operation, the involved the rescue boat SeaWatch, a French navy vessel and a Libyan Coast-Guard boat. It is reported certain migrants were taken and ill-treated by the Libyan Coast Guard and sent back to Libya.
It is also alleged that actions undertaken by the Lybian Coast Guard boat during the rescue operation caused the death of several persons to be rescued, including children.
The ones rescued by the SeaWatch vessel could join safety on Italian shores.
The interveners have submitted that, in accordance to the Court’s jurisprudence under the European Convention on Human Rights, other sources of international human rights law and international maritime law standards, Italy had jurisdiction for the purpose of the Convention and had, therefore, to ensure that persons involved in the rescue operation would not be exposed to serious violations of their human rights.
ECtHR-SS_v_Italy_final-JointTPI-ICJECREAIREDCR-English-2019 (download the joint third party intervention)
Video
Watch our interview with ICJ Senior Legal Adviser Massimo Frigo as he further defines S.S. and Others v. Italy and what ICJ intends to do.
