The ICJ and Amnesty International presented a third party intervention in the case Al Nashiriv Poland before the European Court of Human Rights.
In the third party intervention, the ICJ and AI outlined developments on the principle of non-refoulement, on the human rights obligations in breach in the practice of “renditions” and “secret detention”, on enforced disappearances, on the international law of state responsibility both for human rights violations occuring on the territory of a High Contracting Party committed by another State and following return of a person to a third State, and the right to a remedy and to reparation.
During a half-day of general discussion held today by the Human Rights Committee, the ICJ supported the establishment by the Committee of a General Comment on the right to security and liberty of the person under article 9 of the International Covenant on Civil and Political Rights (ICCPR).
As an update to its General Comment No 8 of 1982, the Human Rights Committee (the Committee) has commenced a process to develop a new General Comment on article 9 of the ICCPR. Responding to a list of issues prepared by the Committee for potential expansion within the General Comment, the ICJ supported the initiative and called for clarification of certain issues in this work.
The ICJ’s submission and statement also called on the Committee to give express consideration to the following thematic issues within the General Comment:
The meaning of ‘arbitrary’ deprivation of liberty;
Application of article 9 in international and non-international armed conflicts, including in the context of administrative detention;
Control orders and other mechanisms involving restrictions of movement and the extent to which such mechanisms might interfere with liberty rights;
Detention of asylum-seekers and irregular migrants; and
The role and accountability of legal entities.
The Committee is scheduled to consider and adopt a first draft of the General Comment during its session in March 2013. The ICJ intends to make substantive submissions on this first draft.
The ICJ commented on the UPR of the Russian Federation, addressing issues including torture and ill-treatment, impunity, judicial independence, NGO laws and “homosexual propaganda” bans.
The International Commission of Jurists has brought to the attention of the Human Rights Council’s Working Group on the UPR and to the Human Rights Council issues concerning:
prevention of torture and ill-treatment and other gross human rights violations;
impunity for gross human rights violations;
independence of the judiciary; amendments to NGO laws;
non-refoulement; homosexual propaganda bans; and
Russia’s engagement with international human rights instruments and mechanisms.
The ICJ and others argue that Spain should assume jurisdiction, as the US has allowed for impunity of top officials who facilitated torture.
The ICJ joined the Center for Constitutional Rights, the European Centre for Constitutional and Human Rights and other leading organizations and scholars, arguing that the Spanish Supreme Court should reopen the investigations for participation in or aiding and abetting torture and other human rights abuses against six senior legal officials of the Bush Administration.
The brief argues that Spain should exercise jurisdiction under Spanish law because the US itself has failed to carry out any meaningful investigations and prosecutions against the officials, who are alleged to have provided legal authorisation for torture practices against “war on terror” detainees.
The officials are David Addington (former Counsel to, and Chief of Staff for, former Vice President Cheney): Jay S. Bybee (former Assistant Attorney General, Office of Legal Counsel (OLC), U.S. Department of Justice (DOJ); Douglas Feith (former Under Secretary of Defense for Policy, Department of Defense (DOD); Alberto R. Gonzales (former Counsel to former President George W. Bush, and former Attorney General of the United States); William J Haynes (former General Counsel, DOD); and John Yoo (former Deputy Assistant Attorney General, OLC, DOJ).
In an interactive dialogue with representatives of the Government of the Netherlands, the ICJ and the Dutch section of the ICJ, the NJCM, called for greater consultation with civil society.
The ICJ and NJCM also urged the Netherlands to give human rights a prominent place in civic education.
The statement was delivered today during the adoption by the UN Human Rights Council of the Universal Periodic Review outcome document on the Netherlands, during the course of the 21st regular session of the Council.
In an interactive dialogue with representatives of its government, the ICJ called on Brazil to bring its legislation and practice in full compliance with its obligation to consult with indigenous peoples. Watch the webcast.
The ICJ also urged Brazil to expedite steps towards ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, the International Convention for the Protection of the Rights of All Migrant Workers and ILO Convention 189 on the protection of domestic workers.
The ICJ delivered its statement today during the adoption by the UN Human Rights Council of the Universal Periodic Review outcome document on Brazil, during the course of the 21st regular session of the Council.
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The ICJ and Amnesty International presented a third party intervention in the case Al Nashiri v Poland before the European Court of Human Rights.
