Sep 30, 2015 | Advocacy, Non-legal submissions
The ICJ today delivered an oral statement to the UN Human Rights Council, commenting on the landmark UN investigation and report on violations of human rights and humanitarian law in Sri Lanka.
The statement also welcomes recommendations for integration of international judges, prosecutors, lawyers and investigators into any accountability mechanism:
“The International Commission of Jurists (ICJ) welcomes the OHCHR Report on Promoting Reconciliation, Accountability and Human Rights in Sri Lanka (UN Doc A/HRC/30/61), which sets out the principal findings of the Report of the OHCHR Investigation on Sri Lanka (OISL Report, UN Doc A/HRC/30/CRP.2) documenting alleged serious violations and abuses of human rights and related crimes during the armed conflict in Sri Lanka. The ICJ commends the investigation team for its historic contribution towards reconciliation and the realization of victims’ rights in Sri Lanka.
The ICJ works with judiciaries, governments, civil society and victims around the world to address impunity and victims’ right to remedy for violations of international human rights and humanitarian law, including in situations of transition.
For over thirty years, the ICJ has documented and reported on a gradual erosion of judicial independence, impartiality and integrity under successive governments in Sri Lanka, and the resulting culture of impunity, including in the judiciary.[1]
The ICJ considers the International Criminal Court (ICC) to be the preferred mechanism for individual accountability where national authorities and courts lack the capacity or the willingness to genuinely investigate and prosecute all war crimes and crimes against humanity. In the absence of an ICC process, the ICJ’s extensive experience demonstrates that any credible and effective accountability process in Sri Lanka must involve, at a minimum, a majority of international judges, prosecutors and investigators.
The ICJ therefore welcomes the High Commissioner’s recommendation for a hybrid court and prosecutor’s office that fully integrates international judges, prosecutors, lawyers and investigators.
Also essential are the OHCHR recommendations on: mandate and resources of these mechanisms; legislating retroactive recognition of international crimes under national law; justice and security sector reform; repealing the Prevention of Terrorism Act (PTA); strengthening the Witness and Victim Protection Act; accession to the International Convention on the Protection of All Persons from Enforced Disappearances (CED), the Additional Protocols to the Geneva Convention, and the Rome Statute of the International Criminal Court; and continued monitoring of implementation through an OHCHR country office and the Council.
The ICJ welcomes that the tabled draft resolution explicitly recognises the need for international judges, prosecutors, lawyers and investigators. We call on the Council to adopt the resolution with, and call on the Government of Sri Lanka to urgently implement, these and other key elements of the recommendations of the High Commissioner’s Report in full.
[1] See, e.g., ICJ, Authority Without Accountability: The Crisis of Impunity in Sri Lanka (2012)
The statement can be downloaded in PDF format here: Sri Lanka-ICJ Oral Statement HRC-Advocacy-Non Legal submission-2015-ENG
Sep 24, 2015 | Advocacy, Non-legal submissions
The ICJ made an oral statement to the UN Human Rights Council in Geneva today, calling on the Maldives to accept and implement recommendations on human rights and the rule of law, including the independence of the judiciary, received as part of the UN Universal Periodic Review process.
The statement, which was also supported by the NGO South Asians for Human Rights (SAHR), may be downloaded in PDF format here: Maldives-UN-HRC30OralStatement-Advocacy-non legal statement-2015-ENG
The report of a joint ICJ-SAHR fact-finding mission to the Maldives, conducted earlier this year, is available here.
Sep 14, 2015 | Advocacy, Non-legal submissions
In advance of the UN Human Rights Council’s adoption of the outcome of its review of the Maldives’ human rights record as part of the Universal Periodic Review (UPR) process, the ICJ has submitted a written statement.
It highlights the Maldives’ failure to accept and implement a number of member states’ UPR recommendations.
In particular, the ICJ pointed out the urgent need for Maldives to accept and implement recommendations regarding the following issues, among others:
- Strengthening the independence and impartiality of the judiciary;
- Strengthening the independence and impartiality of the Judicial Service Commission;
- Strengthening the National Human Rights Commission, in accordance with the Paris Principles;
- Strengthening women’s representation in the judicial profession;
- Immediately releasing former president Mohamed Nasheed and other political prisoners, and ensuring the fairness of any further legal proceedings in such cases; and
- Safeguarding freedom of expression and media, association and peaceful assembly by investigating cases of human rights abuse and violations against journalists, civil society and human rights defenders, and taking effective measures to prevent further abuses
The Council will consider member states’ UPR recommendations for the Maldives during its 30th session on 24 September 2015, ahead of which the Maldives government will be expected to formally respond and indicate which of the recommendations it will commit to implement.
Nov 25, 2014 | Advocacy, Analysis briefs, News
Bangladesh must immediately launch a thorough investigation into alleged attacks on a prominent human rights lawyer, the ICJ said today. The government appears to have taken no real action in the year since the events.
Rabindra Ghosh (photo), advocate at the Supreme Court of Bangladesh and President of the non-governmental organization Bangladesh Minority Watch, has made credible allegations that he was subjected to acts of violence, intimidation and other interference with his functioning as a lawyer.
”The authorities in Bangladesh seem not to have taken Rabindra Ghosh’s allegations seriously, in breach of international standards,” said Matt Pollard, head of ICJ’s Centre for the Independence of Judges and Lawyers. “In addition to his complaints, our own letters to the authorities simply went unanswered.”
Rabindra Ghosh, among other incidents, alleges that he was physically attacked by six of his peers on 25 November 2013, while he was at work in the Gopalgonj District Court.
He further alleges that on 14 January 2014 he was subjected to physical violence, threats, and verbal abuse at the hands of police officers.
He reports that there has been no substantive investigation of his complaints and that he has received no response from the responsible authorities.
“Lawyers play an essential role in protecting human rights and the proper administration of justice,” Pollard added. “International standards require State authorities to prevent attacks and harassment of lawyers and to take effective measures to protect their security.”
The ICJ requested the Prime Minister, the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Home Affairs and the President of the Bar Association to provide further information and a response to these allegations, but has received no response.
In addition to its call on the authorities of Bangladesh to immediately launch a thorough and independent investigation of the allegations made by Rabindra Ghosh, the ICJ calls on the authorities to take concrete measures to ensure that he and other lawyers are able to discharge their professional duties without any interference or intimidation of any kind. If the investigation confirms the allegations, those responsible must be held accountable.
“The ICJ has observed a general erosion of the rule of law and respect for the ability of lawyers to carry out their duties in Bangladesh,” said Pollard. “Lawyers play a crucial role in ensuring that people whose rights have been violated can demand their right to a remedy. When lawyers themselves become victims simply for carrying out their work, it signals a serious problem for the legal system.”
Rabindra Ghosh’s allegations come against the backdrop of a series of recent attacks on human rights defenders in Bangladesh, including among others the harassment of human rights defenders including Adilur Rahman Khan, secretary of Odhikar; the promulgation of a constitutional amendment that empowers the Parliament to impeach Supreme Court judges; and the amendment of the Information and Communication Technology Act, which is being used to assault freedom of expression and freedom from arbitrary detention.
Contact:
Matt Pollard, ICJ Senior Legal Adviser, +41 22 979 3812, matt.pollard(a)icj.org
A brief background note on the case is available here in PDF:
Bangladesh-Ghosh backgrounder-Advocacy-2014-ENG
Aug 26, 2014 | Advocacy, Non-legal submissions
The ICJ and other leading NGOs have called on the President and member states of the Human Rights Council, as well as the government of Sri Lanka, to take action to ensure no-one faces reprisals for cooperating with the United Nations.
Jun 13, 2014 | Advocacy, Non-legal submissions
The ICJ today delivered an oral statement on extrajudicial, summary or arbitrary executions, expressing concerns about recent and pending legislation in Pakistan on the use of firearms and other force by law enforcement officials.
The joint statement, delivered at the UN Human Rights Council during the interactive dialogue with the Special Rapporteur and on behalf also of the Human Rights Commission of Pakistan (HRCP), expressed appreciation for the Special Rapporteur’s emphasis in his study on the issue, on the need for states to bring domestic laws on the use of force by law enforcement agencies, into line with international standards.
The statement noted that it was not clear whether the Protection of Pakistan Ordinance (PPO) 2013, which is currently in force, and the proposed Protection of Pakistan Bill (PPB) 2014 currently being debated in Parliament, were provided for review.
The statement explained how the PPO and PPB contain provisions that give law enforcement agencies overbroad powers to use firearms without independent accountability, in contravention of international standards. They increase the risk of use of excessive and lethal force and arbitrary deprivation of life.
The full statement may be downloaded in PDF form: Advocacy-HRC26-SREJEs-12062014.
The Report of the Special Rapporteur is available here.
