Aug 15, 2017 | Advocacy
Tep Vanny, one of Cambodia’s most prominent land activists and human rights defenders, will have spent one year in prison on 15 August for defending her community and exercising her human rights.
The ICJ and other human rights organizations condemn her arbitrary imprisonment and call for her convictions to be overturned, for all ongoing politically motivated and unsubstantiated charges against her to be dropped, and for her immediate release from prison.
Tep Vanny has fought tirelessly to protect the rights of members of the Boeung Kak Lake community, following their forced eviction from their homes in Phnom Penh.
More recently, she played a leading role in the so-called ‘Black Monday” campaign, challenging the arbitrary pre-trial detention of five human rights defenders, Lim Mony, Ny Sokha, Yi Soksan, Nay Vanda, and Ny Chakrya (the “Freethe5KH” detainees).
On 22 August 2016, following her arrest at a protest calling for the release of the five, she was convicted of ‘insulting of a public official’, and sentenced to six days in prison.
However, instead of releasing her based on time served, the authorities reactivated dormant charges dating back to a 2013 protest and kept her in detention.
“It is clear that the authorities are using the courts to lock me up, silence my freedom of expression and break my spirit,” said Tep Vanny. “They want to stop me from advocating and seeking a solution for the remaining people from Boeung Kak Lake as well as other campaigns to demand justice in our society.”
On 19 September 2016, Tep Vanny was sentenced, along with three other Boeung Kak Lake community activists, to six months imprisonment for “insulting and obstructing public officials” in a reactivated case related to a 2011 peaceful protest calling for a resolution to the Boeung Kak Lake land dispute, despite the absence of credible inculpatory evidence.
This conviction has since been upheld by the Court of Appeal on 27 February 2017.
On 23 February 2017, following proceedings which fell short of fair trial standards, Tep Vanny was convicted of “intentional violence with aggravating circumstances”, sentenced to a further 30 months in prison and fined more than 14 million riel (about US $3,500 – or twice the annual minimum wage in Cambodia) for having peacefully participated in protests calling for the release of her fellow activist Yorm Bopha, back in 2013.
While the #FreeThe5KH human rights defenders were released on bail on 29 June 2017, after having spent 427 days in arbitrary detention, Tep Vanny remains in prison.
She is currently on trial in a third reactivated case, facing charges of “public insult” and “death threats” brought by another member of the Boeung Kak Lake community, despite the complaint having been dropped by the community member.
On 8 August 2017, the Court of Appeal upheld her February 2017 conviction.
Cambodia-Joint Statement Tep Vanny-Advocacy-2017-ENG (full statement in English, PDF)
Cambodia-Joint Statement Tep Vanny-Advocacy-2017-KHM (full statement in Khmer, PDF)
Cambodia-Infographic TV Case Overview-Advocacy-2017-KHM (Infographic in Khmer, PDF)
Jul 24, 2017 | Advocacy, Legal submissions
The AIRE Centre, ICJ, ILGA-EUROPE and ECRE have submitted a third party intervention in case O.S. v. Switzerland (no. 43987/16).
This intervention addresses the following points:
i) enforced concealment of one’s same-sex sexual orientation constitutes persecution under refugee law and is incompatible with the Convention, in particular, Article 3
ii) the criminalisation of consensual same-sex sexual conduct gives rise to a real risk of Article 3 prohibited treatment, thus triggering non-refoulement obligations under the Convention
iii) the risk of persecution based on sexual orientation in Gambia.
Universal-SexualOrientationRefugee-Advocacy-LegalSubmissions-2017-ENG (full legal submission)
Jul 18, 2017 | Advocacy, Analysis briefs, News
The ICJ today called on the Tunisian authorities to adopt and apply procedures for the Specialized Criminal Chambers (SCC) that are clear and comply with international human rights law and standards.
The statement came following a high-level mission to Tunisia from 12 to 15 July 2017 in which the ICJ engaged with senior judicial officials, including the President of the Cassation Court, members of the High Judicial Council, SCC judges, and other stakeholders.
An ICJ analysis, Procedures of the Specialized Criminal Chambers in light of international standards, was published at the end of the mission.
“While the Specialized Criminal Chambers have the potential to contribute to addressing impunity and deliver justice for victims in Tunisia, ambiguity about the procedures to be followed by these Chambers risks undermining their effectiveness,” warned Said Benarbia, Director of the ICJ Middle East and North Africa Programme.
As detailed in the ICJ analysis, the lack of clarity comes in part from the 2013 transitional justice Law, which is seen by many stakeholders as setting up a special regime, separate from the existing criminal justice system.
There is fear that the SCC may decide not to apply the existing ordinary criminal procedures, while at the same time no detailed procedures specific to the SCC have yet been adopted.
The creation of such a gap would risk serious breaches of international standards of fairness and justice.
For example, the 2013 Law seems to give the Truth and Dignity Commission (Instance Vérité et Dignité, IVD) exclusive power to refer cases to the SCC.
However, no procedures specific to the SCC implement the rights of an accused to examine witnesses interviewed by the IVD or to access all documents and evidence collected by the IVD in order to prepare his or her defence, as required by international standards and the ordinary code of criminal procedure.
The 2013 Law also fails to clarify the role of prosecutors and investigating judges in addressing such cases, including by making their own determination in relation to charges, standard of proof, and whether these cases should be brought before the SCC.
“Clarifying the procedures to be applied by the Specialized Criminal Chambers and ensuring their full compliance with international standards, including those relating to fair trial, are a prerequisite to fully establish the truth about human rights violations, hold those responsible to account, and ensure that the proceedings are fair to the victims and accused,” added Benarbia.
The ICJ set out a list of recommendations with a view to assisting the Tunisian authorities in their efforts in achieving these objectives, including by:
- Amending article 42 of the 2013 Law and related provisions to clearly provide victims of gross human rights violations with direct access to the SCC, including when victims did not submit a file to the IVD;
- Amending provisions of the IVD Guides to ensure that the review process and the possibility to challenge IVD’s decisions will apply to decisions not to transfer a case to the SCC and that such review be based on objective criteria for considering gross human rights violations in line with international standards;
- Establishing specialized prosecution services, investigating judges, and judicial police in line with international standards and with adequate resources to work in coordination with the SCC;
- Clarifying the relationship between the SCC and other ordinary criminal chambers and civil and other courts;
- Amending the legal framework to clearly provide that cases investigated by the IVD are to be transferred to specialized prosecutors who are to carry out their functions as defined in the CCP and in line with international standards;
- Ensuring that the IVD’s investigative function complements the role of the specialized judicial institutions in charge of the investigation and prosecution; and
- Amending the CCP and ensuring that any related provision of any other procedures adopted for the SCC fully respect fair trial guarantees.
Contact
Theo Boutruche, Legal Adviser of the ICJ Middle East and North Africa Programme, tel: +33 642837354, e-mail: theo.boutruche(a)icj.org
Tunisia-Memo on SCC Procedures-Advocacy-Analysis Brief-2017-ENG (full memo in English, PDF)
Tunisia-SCC procedures memo-News-2017-ARA (full story in Arabic, PDF)
Tunisia-Memo on SCC Procedures-Advocacy-Analysis Brief-2017-ARA (full memo in Arabic, PDF)
Jun 30, 2017 | Advocacy
A Joint NGO Statement was issued on the occasion of the Twenty-ninth meeting of UN treaty body chairs 27-30 June 2017, New York
This statement includes some reflections and recommendations, by the undersigned organisations (see list on p.6-7), in relation to the programme of work for the 2017 annual meeting.
Some of the comments and recommendations stem from a two-day consultation involving representatives of NGOs, States, treaty body members, OHCHR and academics, which took place in Geneva on 23-24 May 20171.
The consultation focused on developing a strategy for the Treaty Body strengthening process.
A report will shortly be made public.
The comments and recommendations below are structured around the substantive treaty body chairs meeting agenda items.
Universal-MeetingTreatyBodies-Advocacy-2017-ENG (full text in PDF)
Jun 29, 2017 | Advocacy, News, Non-legal submissions
The ICJ, together with other 60 national and international human rights organizations urged today the Myanmar authorities, and in particular the Ministry of Transport and Communication and the Parliament, to ensure the repeal of the offence of criminal defamation.
Myanmar-JointStatement-CriminalDefamation-2017-ENG (joint statement in English)
Myanmar-JointStatement-CriminalDefamation-2017-BUR (joint statement in Burmese)
Jun 28, 2017 | Advocacy, Non-legal submissions
The ICJ has joined other leading human rights NGOs in setting out a range of specific measures to increase the effectiveness of UN Special Procedures – independent experts appointed by the Human Rights Council to address particular themes or countries.
The written submission was made in the context of the Annual Meeting of the Special Procedures, in Geneva.
Coordinated by the International Service for Human Rights (ISHR), the document assesses current practices against a range of recommendations made in an earlier joint civil society submission in 2016.
The 2017 submission welcomes progress on a number of the recommendations, but also highlights issues where little or no progress has been made. It also offers several new recommendations.
Among the positive developments are the enhanced role of the Coordination Committee, action taken to combat reprisals, the creation of a database where details of individual communications (i.e. complaints) can be accessed, and engagement of Special Procedures with international and regional forums.
The full 2017 submission, entitled “The Special Procedures: Developments in Institutional Strengthening and Working Methods”, can be downloaded in PDF format here: UN-Submission-AnnualMeetingSpecialProcedures-2017
