ICJ Submission to the UN Human Rights Council’s Universal Periodic Review on Spain

ICJ Submission to the UN Human Rights Council’s Universal Periodic Review on Spain

The ICJ addresses the practice of incommunicado detention, and the transfer of persons as part of the alleged cooperation of Spain in the US-led renditions programme.

The ICJ also draws attention to the threat to judicial independence posed by the recent prosecution of Investigative Judge Baltasar Garzón Real; to the recent limitations introduced on the use of universal jurisdiction to prosecute crimes under international law; and to the limited scope of the offence of torture contained in the Criminal Code.

Universal Periodic Review Spain-non-legal submission-2009 (full text, PDF)

ICJ submission to the Universal Periodic Review of Italy

ICJ submission to the Universal Periodic Review of Italy

In this review, the ICJ addresses the breaches or risks of breaches of Italy’s human rights obligations.

These are resulting from:

  • its immigration law, policy and practice; frequent expulsions on grounds of national security;
  • widespread attacks on the judiciary and its members;
  • the abuse of the state secrets privilege in order to obstruct the prosecution and trial of international crimes, and the failure to define torture as a criminal offence in its domestic legislation.

Italy-ICJ submission UPR-non-legal submission-2009 (full text in English, PDF)

Government must stop unlawful returns of boats carrying migrants and potential asylum seekers

Government must stop unlawful returns of boats carrying migrants and potential asylum seekers

The ICJ drew the attention of the Special Rapporteur on the human rights of migrants to the fact that between 6 and 10 May 2009 the Italian authorities intercepted some 500 migrants in international waters.

These people were trying to reach Italy in small boats. Italian authorities escorted them back to Libya, without taking due account of Italy’s obligations in relation to potential asylum-seekers or others who may not be transferred to Libya for reasons of non-refoulement, as stipulated in Article 33 of the 1951 Geneva Convention Relating to the Status of Refugees.

Italy-intervention SR Migrants-non-legal submission-2009

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