Sep 21, 2015 | Advocacy, Non-legal submissions
Today, the ICJ and Thai Lawyers for Human Rights (TLHR) made a joint submission to the Human Rights Council’s Working Group on the Universal Periodic Review in advance of the Human Rights Council’s review of Thailand in April/May 2016.
In their submission, the ICJ and TLHR expressed concern about the following issues:
(1) the impact of the new legal and institutional framework, imposed since the May 2014 coup d’état, on human rights in Thailand;
(2) instances of suspected enforced disappearance and torture; and
(3) issues concerning international human rights instruments and mechanisms.
A copy of the submission can be found here:
THAILAND-UPR SUBMISSION FINAL AS LODGED-Advocacy-Non legal submission-2015-ENG (full text in PDF)
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.
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
Mar 13, 2015 | Advocacy, Non-legal submissions
The Colombian Commission of Jurists, an affiliate of the ICJ, today called for the UN Human Rights Council to uphold the use of civilian courts, rather than military tribunals, to try civilians and to adjudicate claims for human rights violations.
An oral statement to the UN Human Rights Council highlighted that:
- military tribunals should as a matter of principle have no jurisdiction to try civilians or to adjudicate claims of serious human rights violations;
- These matters should be the domain of civilian courts; and
- The jurisdiction of military tribunals should be restricted to specifically military offenses committed by military personnel.
The oral statement emphasised to the global reach of the issue, referring by way of example to the military commissions established by the United States of America at Guantánamo Bay, as well as recent negative developments in Colombia, Egypt, Thailand and Pakistan.
The statement noted that the Principles Governing the Administration of Justice Through Military Tribunals presented to the Commission on Human Rights by Emmanuel Decaux in 2006 (UN Doc E/CN.4/2006/58), are widely referenced, but have yet to receive full recognition by the Human Rights Council. The statement added its support to the calls by the Special Rapporteur on Independence of Judges and Lawyers, the Working Group on Arbitrary Detention, and others, for the Council to endorse and seek implementation of the Principles without further delay.
The statement responds to an expert consultation on the administration of justice through military tribunals convened by the Council (UN Doc A/HRC/28/32).
The full oral statement can be downloaded in pdf format here: Advocacy-HRC28-MilitaryCourts-OralStatement-2015
Said Benarbia, Director of ICJ’s Middle East North Africa Programme participated in the expert consultation.
His statement can be found here: MENA-Military Courts HRC28-Advocacy-2015-ENG (full text in PDF).
Thailand exercised its right of reply, which can be viewed in the UN webcast archive, here.
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
