Mar 5, 2013 | Advocacy, Legal submissions, Non-legal submissions
The ICJ today requested the UN Special Rapporteur on the situation of human rights defenders to call on Zimbabwe, Angola, the Democratic Republic of Congo and Swaziland to take effective measures to prevent and end attacks on and persecution of human rights defenders.
The ICJ delivered its oral statement today during an interactive dialogue with the Special Rapporteur as part of the Human Rights Council’s 22nd regular session (25 February to 22 March 2013).
The ICJ also noted the need for these States to:
- Ensure adherence to international standards on detention and fair trial in cases where human rights defenders have been arrested;
- Conduct prompt and impartial investigations and, where human rights abuses are criminal in character, prosecute all persons responsible; and
- Ensure that affected human rights defenders have access to effective remedies and reparation for such abuses.
Also addressed to the Special Rapporteur on the situation of human rights defenders was a written statement submitted earlier this month concerning legislative restrictions on ‘homosexual propaganda’ that threaten LGBT human rights defenders.
SouthernAfrica-HRC22-IDItem3-SRHRDs-Non-LegalSubmission-2013 (download oral statement in PDF)
For the written statement click here
Feb 26, 2013 | Advocacy, Non-legal submissions
The ICJ joined 14 other NGOs in expressing deep concern over the exclusion of civil society from the consultation process on the UN human rights treaty bodies strengthening process.
In a statement delivered by the International Service for Human Rights during an informal hearing for civil society on 26 February 2013, the continued exclusion of the Geneva-based NGO Alkarama, and the lack of transparency by which this decision was made, was criticised.
Signatories to the statement urged the facilitators of the process and UN member States to enable independent civil society to contribute to the treaty body strengthening process.
TBSP-Alkarama-NonLegalSubmission-2013 (download statement in full)
Feb 25, 2013 | Advocacy, Cases, Legal submissions
The ICJ and Amnesty International presented additional observations in the case Al Nashiri v Poland before the European Court of Human Rights.
In their supplementary third party intervention, the ICJ and AI outlined developments in light of the case El-Masri v the Former Yugoslav Republic of Macedonia on enforced disappearances, on diplomatic representations in light of the Grand Chamber’s findings on responsibility for violations outside the jurisdiction, on the gross human rights violations that detainees previously held in the USA’s secret detention and rendition programme are currently enduring, and on relevance of the Grand Chamber’s observations in El-Masri in relation to any potential resort to ex parte materials and procedures.
Poland-ICJAI-SupplAmicusBrief-AlNashiri v Poland-legal submission-2013 (download the third party intervention)
Nov 14, 2012 | Advocacy, Events, Non-legal submissions
At a two-day conference of the Organization for Security and Co-operation in Europe (OSCE), the ICJ called on the OSCE to take practical steps aimed at enhancing human rights compliance while countering terrorism.
The OSCE conference addressed the subject of Strengthening Regional Co-operation, Criminal Justice Institutions and Rule of Law Capacities to Prevent and Combat Terrorism and Radicalization that Leads to Terrorism and was held in Vienna, Austria, on 12 and 23 November 2012.
Addressing the aim of the conference to identify best practices, the ICJ’s Representative to the United Nations, Alex Conte, spoke on trends in national legislative responses to the countering of terrorism, specifically concerning compliance with the rule of law and human rights and the combating of conditions conducive to the spread of terrorism and to radicalization. He recommended that the OSCE:
- Continue with its encouragement of participating states to ratify and implement the universal terrorism-related conventions, including the four most recent conventions, as well as any international human rights treaties to which they are not yet parties.
- In doing so, pick up on the best practices identified by the former UN Special Rapporteur on counter-terrorism with a view to ensuring that domestic implementing legislation is in compliance with, and is applied in a manner consistent with, human rights and the rule of law, in order to avoid laws and practices that might create conditions conducive to the spread of terrorism and to radicalization.
- Organise structured workshops for judges and the legal profession, including with reference to the best practices mentioned.
- Establish mechanisms through which participating states can be assisted in undertaking a review of new and existing implementing legislation
OSCEConference-CounterTerrorismAndROL-Agenda (download conference agenda in PDF)
Nov 5, 2012 | Advocacy, Cases, Legal submissions
The ICJ and Amnesty International presented a third party intervention in the case Al Nashiri v 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.
ECtHR-ICJAI-AmicusBrief-AlNashiri_v_ Poland-2012 (download the third party intervention)
Oct 25, 2012 | Advocacy, Non-legal submissions
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.
ICJ-HRCttee-GCArticle9-IssuesStatement-non-legal submission (2012) (download in PDF)
ICJ-HRCttee-GCArticle9-IssuesSubmission-non-legal submission (2012) (download in PDF)
HumanRightsCommittee-Issues-Article9 (download in Word)
