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.
Oct 14, 2019 | Advocacy, Non-legal submissions
The ICJ has presented information to the UN Committee against Torture in preparation for the Committee’s examination of the fifth periodic report of Uzbekistan under the International Covenant on Civil and Political Rights (ICCPR).
In its submission, the ICJ addresses Uzbekistan’s legislation on extradition, its potential discrepancies with international law.
The ICJ welcomes the recent ratification of the Commonwealth of Independent States (hereafter, “CIS”) Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters 2002, known as the Chisinau Convention, as a positive step towards the compliance of the country’s extradition system with international standards
In it report, the ICJ formulates the following recommendations to Uzbekistan:
- Fully implement human rights and procedural safeguards and guarantees in extradition proceedings or in connection with other types of transfers, and interpret and apply such safeguards in accordance with Uzbekistan’s international human rights law obligations. In particular, Uzbekistan should take all necessary measures to fully implement the human rights guarantees featured in the Chisinau Convention into its domestic legislation.
- Implement the necessary reforms to give judicial authorities the central decision-making role in extradition proceedings, and ensure their full independence both at an institutional and personal level, in law and in practice. Extradition decisions should be taken by prosecutors only if they enjoy the same level of independence as judges, in law and in practice.
- Ensure that individuals extradited to face trial in Uzbekistan courts are awarded the full protection of the Convention.
- Take effective measures to prevent torture and other forms of ill-treatment, including by ensuring compliance with the non-refoulement principle in extradition proceedings.
- Carry out effective, independent and impartial investigations with a view to identifying persons directly and indirectly responsible for rendition operations and abduction practices, as they violate human rights and involve crimes under international law. Those responsible should be prosecuted, tried and, if convicted, sentenced to punishments commensurate with the gravity of their crimes, and to appropriate administrative sanctions to ensure non-repetition.
Uzbekistan-CAT-Advocacy-non legal submission-2019-ENG (download the submission in English)
Sep 16, 2019 | Advocacy, Non-legal submissions
The ICJ today put the spotlight the increase and “normalisation” of enforce disappearances and abductions worldwide, with examples about Turkey, Egypt and Saudi Arabia, speaking at the UN Human Rights Council in Geneva.
The statement, made during the general debate, reads as follows:
The International Commission of Jurists (ICJ) shares concerns highlighted by the Working Group on Enforced and Involuntary Disappearances in its report (UN doc. A/HRC/42/40) at the “increasing use of extraterritorial abductions” and at the “normalization of these practices” globally. ICJ previously documented such practices in our 2017 report, Transnational Injustices.
The killing of Jamal Khashoggi by Saudi Arabia is an example of particular concern, as is the reported abduction, by Turkish authorities, of persons they claim to be linked to “terrorist organisations.” Several of these people, who later reappeared in Turkish prisons, are currently facing serious challenges in mounting a proper legal defence. Complaints of the families have not been properly investigated.
In Egypt, the National Security Agency (NSA) has been abducting and forcibly disappearing hundreds as a technique to suppress dissent. This year, the ICJ and Adalah reported on the disappearance of 138 detainees for between 10 to 219 days, many of whom were subjected to torture.
The ICJ urges the Council to address these worrying developments and calls on all countries:
- to stop all practices of enforced disappearance, abduction or informal international transfer;
- to ratify the International Convention for the Protection of All Persons from Enforced Disappearance, and
- to provide to the victims of enforced disappearance and their families full access to their rights, including an effective remedy.
Aug 30, 2019 | Advocacy, Non-legal submissions
The ICJ has presented information to the UN Human Rights Committee in preparation for the Committee’s examination of the eighth periodic report of Ukraine under the International Covenant on Civil and Political Rights (ICCPR).
In this submission, the ICJ draws the Committee’s attention to the situation with the security and independence of the legal profession and Ukraine’s compliance with and implementation of its obligations under Articles 2, 6 and 14 of the ICCPR, as well as the UN Basic Principles on the Role of Lawyers.
The ICJ stresses that attacks on lawyers are likely to lead not only to violations the rights of the individual lawyers concerned, but also to violations of the rights of the clients they represent, including the right to a fair trial (Article 14 ICCPR), the right to liberty (Article 9 ICCPR), the right to freedom from torture or other ill-treatment (Article 7 ICCPR), and the right to an effective remedy (Article 2.3 ICCPR) as attacks on lawyers may, in turn, hinder the provision of effective legal representation.
Ukraine-List of Issues-Advocacy-non legal submission-2019-ENG (full submission, in PDF)
Aug 19, 2019 | Advocacy, Cases, Legal submissions
The International Commission of Jurists, the Turkey Human Rights Litigation Support Project and Human Rights Watch have jointly intervened before the European Court of Human Rights in the case of Taner Kiliç, former Chair of the Board of Amnesty International Turkey.
Taner Kiliç is a Turkish human rights defenders. He had been Chair of the Board of Amnesty International Turkey since 2014.
He was arrested on 6 June 2017 on reportedly unsubstantiated charges of “membership of a terrorist organisation” and was released on bail on 15 August 2018 after having spent 14 months in detention.
His case before the European Court of Human Rights challenges the lawfulness of his pre-trial and on remand detention, the violations of his right to judicial review of his detention, and of his freedom of expression and association, considering his arrest linked to his work as leader of a NGO.
As the interveners have written to the Court, this case epitomises some of the most fundamental human rights challenges in Turkey today.
These involve widely documented restrictions on freedom of expression, association, and assembly of human rights defenders (HRDs) and rapidly closing civil society space.
The interveners have submitted observations on:
- the factual context in respect of the situation facing HRDs in Turkey;
- international standards governing obligations towards HRDs of relevance to the Court’s interpretation of the European Convention on Human Rights, including the limits prescribed by Article 18;
- key principles necessary for a rule of law approach to the application of the criminal law, against the legal and practical pattern of excessive resort to criminal law against HRDs in Turkey today.
Turkey-ECtHR-icj&others-Kilic-Advocacy-legal submission-2019-ENG (download the third party intervention)
Photo credit: Amnesty International
Jul 17, 2019 | Advocacy, News, Non-legal submissions
Today, the ICJ filed a submission to the Human Rights Council’s Working Group on the Universal Periodic Review in advance of its review of Turkey’s human rights record in January 2020.
In its submission, the ICJ considered:
- the situation with the independence of the judiciary in Turkey, during and after the state of emergency of 2016-2018;
- the lack of effective remedies for the mass dismissals in the public sector occurred in that period;
- the shortcomings in fair trial rights in the criminal justice system:
- the obstacles to the action of civil society;
- the lack of accountability for torture and enforced disappeareances; and
- provided information on the status of international human rights treaties ratified by Turkey.
Contact:
Massimo Frigo, ICJ Senior Legal Adviser, e: massimo.frigo(a)icj.org
Full submission in English (PDF) : Turkey-UPR-Advocacy-non-legal submissions-2019-ENG
