Mar 20, 2015 | Advocacy, Non-legal submissions
Today, the ICJ made a submission to the Universal Periodic Review of Australia.
The submission brings to the attention of the members of the Human Rights Council’s Working Group issues concerning:
- The treatment of asylum-seekers and Australia’s attacks against international refugee law;
- The treatment of aboriginal and Torres Strait Islander peoples;
- The weakening and undermining of the Australian Human Rights Commission; and,
- International instruments and mechanisms.
Australia-UPR-Advocacy-2015-ENG
Mar 20, 2015 | Advocacy, Non-legal submissions
Today, the ICJ made a submission to the Universal Periodic Review of Nauru.
The submission brings to the attention of the members of the Human Rights Council’s Working Group issues concerning:
- The independence of the judiciary; and,
- International human rights treaty status and reporting obligations.
Nauru-UPR-Advocacy-2015-ENG
Mar 19, 2015 | Advocacy, Legal submissions, News
The ICJ and Amnesty International have presented a submission on the draft of an Additional Protocol supplementing the Council of Europe Convention on the Prevention of Terrorism.
In their submission, the ICJ and AI outlined before the Committee on Foreign Terrorist Fighters and Related Issues (COD-CTE) of the Council of Europe the general principles of human rights law related to the issue of foreign fighters and the implementation of Security Council resolution 2178(2014) and made observations on the draft criminal offences contained in the draft protocol.
The submission outlines positions and concerns with relation to:
- The lack of definition of central concepts like “terrorism”, “terrorist acts”, and “foreign fighters”
- The risk of introducing criminal offences lacking the clarity, accessibility and foreseeability required by the principle of legality
- The risk of conflation of of different legal regimes, notably of international humanitarian law and ordinary criminal law
- The need to investigate and prosecute existing crimes under international law
- The need to ensure that any criminalisation of acts or omissions must have a close connection to the commission of the principal criminal offence, with a real risk that such a principal criminal act would in fact take place
- Specific comments on the draft offences of participation in an association or group for the purpose of terrorism; receiving training for terrorism; travelling abroad for the purpose of terrorism; funding travelling abroad for the purpose of terrorism; organizing or otherwise facilitating travelling abroad for the purpose of terrorism.
CouncilofEurope-Submission-ForeignFighters-Advocacy-Legal Submission-2015-ENG (download the observations)
Mar 18, 2015 | Non-legal submissions
The Colombian Commission of Jurists, an affiliate of the ICJ, made an oral statement to the UN Human Rights Council today, addressing threats to the independence of the judiciary in Bolivia.
The statement came in the discusson of Bolivia’s review by the Council universal periodic review procedure, in which Bolivia accepted recommendations on judicial independence, including to “guarantee the full independence of the judiciary system, in accordance with…international standards.”
In response, the ICJ and Colombian Commission of Jurists highlighted the disciplinary and criminal proceedings brought by the Legislative Assembly against three judges of the Constitutional Court at the end of last year. The proceedings were based solely on the disagreement of the political branches with an interim order issued by the Court in a case challenging the constitutionality of a new law to regulate notaries.
In the so-called “trial” conducted by the Legislative Assembly in December, Assembly Members’ statements demonstrated a manifest lack of impartiality. The Assembly extensively and arbitrarily limited the rights of the judges to present evidence and witnesses in their defence.
In the result, one judge was arbitrarily removed from office in January, and another resigned under the pressure. The Assembly also referred both of these women for criminal prosecution. Proceedings against a third judge were suspended only for health reasons.
As the Government had announced that it will seek radical reform of the judicial system during 2015. In light of recent events, the two organisations asked:
- How will Bolivia ensure that reforms are consistent with universal and regional standards on the role and independence of the judiciary?
- What role will Bolivian and international civil society and legal experts have in developing the reforms?
- Will reforms ensure a judicial selection procedure that is based on objective criteria and truly independent of the executive and legislative branches of government?
- Will consideration be given to transferring responsibility for discipline and removal procedures to a new independent and impartial body, with real guarantees of fairness, and clearly defined grounds for removal that exclude disagreement with rulings?
Ireland had also raised concern about independence and effectiveness of the judiciary in its oral statement.
The delegation of Bolivia mentioned in its opening statement its intention to convene a forum on judical reforms and put reforms to a referendum, but did not provie any details other than that various sectors of Bolivian society would be involved. During the opportunity given at the end of the session to respond to the questions from states and NGOs, the delegation of Bolivia chose not to address these issues.
Read also Bolivia: ICJ condemns removal and forced resignation of Constitutional Court judges by Legislative Assembly and links therein.
The full written statement may be downloaded in PDF format here: Bolivia-HRC28-UPR-Advocacy-non legal submission-2015-ENG
Mar 16, 2015 | Advocacy, Legal submissions
The ICJ has made further submissions to the UN Working Group on Arbitrary Detention on its elaboration of Draft Principles and Guidelines on habeas corpus.
In February 2015, the Working Group released for public input a revised set of ‘Draft Principles and Guidelines on remedies and procedures on the right of anyone deprived of his or her liberty by arrest or detention to bring proceedings before a court without delay, in order that the court may decide without delay on the lawfulness of his or her detention and order his or her release if the detention is not lawful’.
The ICJ’s submission welcomes the elaboration by the Working Group of the revised Draft Principles and Guidelines as a means of assisting States to enhance, in law and in practice, respect for the right to habeas corpus and especially welcomes certain aspects of the document. It suggests means of further improving the revised Draft Principles and Guidelines, concerning:
- The temporary nature of any derogating measures impacting upon the application of some procedural elements of the right to habeas corpus;
- The competence of courts to make orders for immediate release;
- The implementation of court orders for release;
- The public nature of judicial decisions following adjudication of habeas corpus petitions;
- Guarantees applicable to specialized tribunals;
- The right to legal aid and legal assistance;
- Confirming that the procedure must be available at all times and to all detained persons, including prisoners or war, as a remedy to protect non-derogable rights such as the prohibition against torture and ill-treatment; and
- The inadmissibility of evidence obtained by torture.
The Working Group will present its final draft to the Human Rights Council’s 30th regular session in September 2015.
Attachments
ICJ-WGAD-RevisedDraftPrinciplesAndGuidelines-3rdLegalSubmission-2015-EN (The ICJ’s latest submission in PDF)
WGAD-Habeas-RevisedDraftPrinciplesAndGuidelines-2015-EN (PDF)
Additional links for reference
The ICJ’s first written submissions to the Working Group in November 2013
The ICJ’s second written submissions to the Working Group in April 2014
Panel presentations at the September 2014 Global Consultation by ICJ staff Matt Pollard and Alex Conte
Mar 13, 2015 | Advocacy, Non-legal submissions
The Colombian Commission of Jurists, an affiliate of the ICJ, today called for the UN Human Rights Council to uphold the use of civilian courts, rather than military tribunals, to try civilians and to adjudicate claims for human rights violations.
An oral statement to the UN Human Rights Council highlighted that:
- military tribunals should as a matter of principle have no jurisdiction to try civilians or to adjudicate claims of serious human rights violations;
- These matters should be the domain of civilian courts; and
- The jurisdiction of military tribunals should be restricted to specifically military offenses committed by military personnel.
The oral statement emphasised to the global reach of the issue, referring by way of example to the military commissions established by the United States of America at Guantánamo Bay, as well as recent negative developments in Colombia, Egypt, Thailand and Pakistan.
The statement noted that the Principles Governing the Administration of Justice Through Military Tribunals presented to the Commission on Human Rights by Emmanuel Decaux in 2006 (UN Doc E/CN.4/2006/58), are widely referenced, but have yet to receive full recognition by the Human Rights Council. The statement added its support to the calls by the Special Rapporteur on Independence of Judges and Lawyers, the Working Group on Arbitrary Detention, and others, for the Council to endorse and seek implementation of the Principles without further delay.
The statement responds to an expert consultation on the administration of justice through military tribunals convened by the Council (UN Doc A/HRC/28/32).
The full oral statement can be downloaded in pdf format here: Advocacy-HRC28-MilitaryCourts-OralStatement-2015
Said Benarbia, Director of ICJ’s Middle East North Africa Programme participated in the expert consultation.
His statement can be found here: MENA-Military Courts HRC28-Advocacy-2015-ENG (full text in PDF).
Thailand exercised its right of reply, which can be viewed in the UN webcast archive, here.
