International Commission of Jurists
UN: the right to challenge the lawfulness of detention before a court

UN: the right to challenge the lawfulness of detention before a court

Apr 3, 2014 | Advocacy, Legal submissions

The ICJ today made a further submission to the UN Working Group on Arbitrary Detention.

The ICJ submission addressed a number of issues for a draft set of “Basic Principles and Guidelines” on the right of anyone deprived of liberty to challenge the lawfulness of his or her detention, and the right of victims of arbitrary or unlawful detention to an effective remedy.

The document supplements an earlier submission by ICJ, delivered in November 2013, and responds to a number of questions raised by members of the Working Group when the ICJ appeared before it in its November session. The new submission addresses the following issues:

  • The ability of persons other than the detained individual and his or her lawyer to initiate proceedings challenging the detention.
  • Entitlement of a detained person to disclosure by the government of information relevant to their detention, in the context of challenging the lawfulness of the detention.
  • The right of the detained individual physically to appear before the court.
  • The scope of the obligation to provide compensation to victims of arbitrary or otherwise unlawful detention, apart from particular treaty provisions.
  • Whether, in terms of the right to remedy and challenge, any distinction is to be drawn between the criminal justice system and other forms of detention such as detention of migrants, detention on psychiatric and various existing administrative regimes.
  • Military courts and the right to challenge the lawfulness of detention.
  • Whether exceptions to the right to challenge lawfulness of detention before a court exist, under customary international law.

The United Nations Working Group on Arbitrary Detention, which will next meet in Geneva 22 April to 1 May 2014, was requested  by the Human Rights Council to prepare the draft “Principles and Guidelines” before the end of 2015. The Working Group is presently developing a first draft. A stakeholder consultation on the draft is contemplated for September 2014.

The new supplemental submission may be downloaded in PDF here: ICJ-Advocacy-WGADhabeas-2ndSubmission-03042014

The earlier submission may be downloaded here.

Israel/OPT: UPR recommendations by the Human Rights Council

Israel/OPT: UPR recommendations by the Human Rights Council

Mar 27, 2014 | Advocacy, Non-legal submissions

The ICJ made an oral statement on the recommendations made to Israel by the UN Human Rights Council, following Israel’s Universal Periodic Review.

The ICJ statement focussed on recommendations related to:

  • compliance with international humanitarian and international human rights law , including particularly for thorough and impartial investigations into all allegations of human rights and humanitarian law violations committed in the context of the prolonged occupation of the OPT, and accountability of individuals responsible for such violations;
  • Israel’s unlawful settlement policy;
  • the separation wall; and
  • administrative detention.

The full statement can be downloaded in PDF: Advocacy-UN-HRC25-IsraelUPR-20032014

Video of the discussion, including the ICJ statement, may be viewed here.

Sri Lanka: the need for an international inquiry

Sri Lanka: the need for an international inquiry

Mar 26, 2014 | Advocacy, Non-legal submissions

The ICJ emphasised the need for an international inquiry to monitor and investigate human rights violations in Sri Lanka, during discussion at the UN Human Rights Council.

The ICJ stated that an international investigation mechanism such as a Commission of Inquiry is needed in part because the Sri Lankan justice system today simply cannot be relied upon to function as an independent and impartial institution.

  • The judicial appointment process is subject to political interference.
  • Judges and lawyers are subjected to threats and intimidation.
  • Security of tenure for the judiciary is not protected by an independent, impartial and fair procedure for the removal or discipline of judges.

The UN High Commissioner for Human Rights has repeatedly expressed concern about “the continuing high levels of harassment and intimidation meted out to human rights defenders, lawyers and journalists”. Further incidents against human rights defenders occurred during the Human Rights Council session itself.

The ICJ urged the Council to establish an international independent and impartial investigation mechanism to give a glimmer of hope to victims and families, that their rights under international law to truth, justice and reparation will ultimately be upheld.

A number of delegations have jointly presented a draft resolution that would establish an international investigation with the backing of the Human Rights Council. A vote on the resolution is expected later in the week.

The full statement can be downloaded in PDF: Advocacy-UN-HRC25-SriLanka-OralStatement-26032014-rev

Video of the discussion of the report, including the ICJ oral statement, is available in the UN webcast archive.

See also:

Briefing note on independence of judges and lawyers in Sri Lanka

 

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