Jun 26, 2015 | Advocacy, Cases, Legal submissions, News
The ICJ submitted today a third party intervention before the European Court of Human Rights in the case of Richmond Yaw and others v. Italy regarding the detention of four migrants in Italian Centres for Identification and Expulsion.
The case raises issues related to the lawfulness of their detention in immigration centres, and the compliance of the mechanisms of judicial review and compensation for unlawful detention with the European Convention on Human Rights.
Taky Berko Richmond Yaw, Yaw Ansu Matthew, Darke Isaac Kwadwo, and Dominic Twumasi, nationals of Guinea, had been detained in the Centre for Identification and Expulsion of Ponte Galeria (Rome).
In these submissions, the ICJ presented the Court with a summary of its findings regarding the law and practice of detention of migrants and the related judicial guarantees in Italy, in its 2014 report, “Undocumented” Justice for Migrants in Italy.
Furthermore, the ICJ presented an analysis of the principles that apply in regard to arbitrary detention of persons detained for the purposes of immigration control under article 5.1.f. ECHR, in particular:
- The principle of legality, including the fact that the basis, procedures and conditions for detention must be provided by law, and the principle that detention must be carried out in good faith; and the due process guarantees related to these principles;
- The requirement that detention be undertaken only pursuant to the permitted purposes of article 5.1.f ECHR, and the need for strict construction of this requirement, and ongoing scrutiny of compliance with it, in particular in the context of long periods of detention;
- The requirements of access to an effective judicial mechanism to secure the right to habeas corpus and review of the legality, necessity and proportionality of the detention of migrants, under article 5.4. ECHR;
- The requirements of an effective remedy and reparation mechanism for unlawful deprivation of liberty under article 5.5 ECHR.
ECtHR-AmicusBrief-Yaw&others v Italy-Advocacy-Legal Submission-2015-ENG (download the third party intervention)
Jun 24, 2015 | Advocacy
The ICJ joined more than 100 organizations in endorsing a call before the UN Human Rights Council for accountability of US officials responsible for torture and enforced disappearances in the rendition and secret detention programmes and for reparations to be provided for the victims.
The call was made by the American Civil Liberties Union, the Centrol de Estudios Legales and Sociales, Conectas Direitos Humanos, and the Washington Office on Latin America.
The statement can be downloaded here:
USA-HRC29ShortOralStatementTortureRendition-Advocacy-2015-ENG (short version, in PDF)
USA-HRC29StatementTortureRendition-Advocacy-2015-ENG (full text in PDF)
USA-HRC29StatementTortureRendition-Advocacy-2015-SPA (full text in PDF, Spanish)
USA-HRC29StatementTortureRendition-Advocacy-2015-ARA (full text in PDF, Arabic)
Jun 19, 2015 | Advocacy, Non-legal submissions
Today, the ICJ made a submission to the Human Rights Council’s Working Group on the Universal Periodic Review in advance of the Human Rights Council’s review of Singapore.
In its submission, the ICJ expressed concern about the following:
(1) corporal punishment;
(2) the death penalty;
(3) the continued criminalization of consensual same-sex relations;
(4) corporate accountability for companies registered in Singapore; and
(5) international human rights instruments and mechanisms.
A copy of the submission can be found here:
Singapore-ICJ UPR-Advocacy-non legal submission-2015-ENG
May 30, 2015 | Advocacy, Legal submissions
This paper was prepared by the ICJ for the first session of the Open Ended Intergovernmental working Group on a Legally Binding Instrument on TNCs and other business enterprises, argues that all conduct by all types of business enterprises, whether local or transnational, should be addressed in the legally binding instrument.
The paper argues that business enterprises that do not have any or any significant transnational operations no doubt are capable of and in many instances have been responsible for human rights abuses no less serious in scale or severity than those of transnational businesses. The victims of human rights abuses committed directly or indirectly by businesses are unlikely to distinguish whether the business enterprise that causes them harm has transnational ownership or operations; nor are victims likely to excuse abuses they suffer from a “local” business simply because the entity lacks a transnational element.
Therefore, in principle all conduct by all types of business enterprises, whether local or transnational, shall be addressed in the legally Binding instrument. The footnote in the preamble should not be interpreted as limiting in any way the scope of possible discussions in the Intergovernmental Working Group or any analysis or recommendations that may be reported back to the Council on a future treaty.
Global-Report-ScopeBusinessTreaty-2015
May 29, 2015 | Advocacy, News, Non-legal submissions, Position papers
The ICJ called today on the EU institutions to bridge the final implementation gaps to ensure an effective access to justice to victims of violent hate crimes.
The contribution of the ICJ was submitted as input for the European Commission’s first annual fundamental rights colloquium to be held next October and focused on “Tolerance and respect: preventing and combating antisemitic and anti-Muslim hatred in Europe”.
In its submission, the ICJ finds that the greatest weakness in addressing violent hate crime currently lies primarily in the failure of effective national implementation, which has meant that, despite development of the law, and despite authoritative recommendations from international and EU human rights bodies, the frequency of commission of violent hate crimes appears to have increased, and impunity for such crimes has persisted.
The ICJ considers that there are two main reasons for this lack of implementation: 1) lack of political or institutional will in Member States; 2) lack of implementation tools tailored to the laws, legal institutions and culture of the single national legal system.
The ICJ concluds, in its contribution, that it is the time for the European Union institutions to take up the opportunity to unite the efforts of all those concerned in the administration of justice – judges, court administrators, lawyers, civil society, judicial organizations, bar associations and government officers – throughout the EU to work together on the detailed technical assistance needed for an effective implementation of the right to an effective remedy for victims of crimes motivated by discrimination.
EU-Colloquium2015-ICJContribution-ViolentHateCrimes-Advocacy-non legal submission-2015-eng (download the submission)
May 4, 2015 | Advocacy, Non-legal submissions
The ICJ welcomes the opportunity offered by the UN Committee on Economic, Social and Cultural Rights to contribute to its current work on the right to just and favourable conditions of work.
Like other UN treaty bodies, the Committee elaborates general comments to interpret the treaty it is in charge of monitoring and to provide guidance on how to implement the provisions and thus comply with the obligations under this treaty.
Currently, the Committee is consulting relevant actors on its further general comment on article 7 of the international Covenant on Economic, Social and Cultural Rights.
This article guarantees a number of rights to individuals at work, including regarding remuneration and occupational health.
The ICJ is particularly pleased to be given the possibility to share its international and country-based experience on the very topical issues covered by article 7.
In addition to its written submission (read below), the organization will actively participate in the further consultation that will take place during the Committee’s next session in June.
Universal-CESCR Draft General Comment Article 7-Advocacy-Non legal submission-2015-ENG (full text in PDF)
