Mar 22, 2018 | Advocacy, Non-legal submissions
The ICJ today highlighted at the UN the need for further action to address impunity in Sri Lanka and in Colombia.
The statement, delivered in a general debate at the UN Human Rights Council, responded to UN reports on Sri Lanka and Colombia, and read as follows:
Sri Lanka has not made sufficient progress on its commitments and obligations as reflected in Council resolution 30/1. Among the mechanisms contemplated, only the Office on Missing Persons (OMP) is operational. The process for establishing the other mechanisms, and the extent to which their composition will be based on the broad national public consultations carried out in 2016, remains unclear. The ICJ reiterates that, in line with operative paragraph 6 of resolution 30/1, the accountability mechanism cannot be seen as credible without involvement of international judges, prosecutors and investigators.
Furthermore, despite promises to repeal the Prevention of Terrorism Act (PTA), arrests still take place. As the High Commissioner recommended, the PTA should be promptly repealed without waiting for replacement legislation. Any proposed counterterrorism law must comply with international human rights standards.
In Colombia, the ICJ shares OHCHR’s deep concern about the exclusion of non-military State agents and private individuals from the scope of mandatory application of the Integrated System of Justice, Truth, Reparations and Guarantees of Non-repetition (per paragraph 90 of the Report). Furthermore, four months of unjustified delay by the Government in accrediting the new representative of the OHCHR Office, which ended only yesterday, undermined the ability of the Office to provide adequate technical assistance to guarantee victims’ rights in the Integrated System, as provided for by the Peace Agreement.”
[Paragraph 6 of Human Rights Council resolution 30/1 provides that the Council, “Welcomes the recognition by the Government of Sri Lanka that accountability is essential to uphold the rule of law and to build confidence in the people of all communities of Sri Lanka in the justice system, notes with appreciation the proposal of the Government of Sri Lanka to establish a judicial mechanism with a special counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law, as applicable; affirms that a credible justice process should include independent judicial and prosecutorial institutions led by individuals known for their integrity and impartiality; and also affirms in this regard the importance of participation in a Sri Lankan judicial mechanism, including the special counsel’s office, of Commonwealth and other foreign judges, defence lawyers and authorized prosecutors and investigators;”]
Mar 20, 2018 | Advocacy, Non-legal submissions
The ICJ today joined other NGOs in condemning and calling for proper investigation of the killing of human rights defender Marielle Franco in Brazil, at the Human Rights Council.
The statement read as follows:
“Protection of human rights defenders is key to the implementation of the Vienna Declaration on Human Rights.
City councilwoman Marielle Franco and Anderson Gomes were brutally killed on 14 March in Rio de Janeiro, Brazil. Her mandate focused on structural racism and police violence suffered by the poor, black and young in favelas, and on the empowering black women and the LGBTI community.
She was appointed as parliamentary rapporteur to oversee the abuses of the highly militarized federal intervention in Rio, decreed by the President, against the will of the community, and under concerns by the High Commissioner.
Many who speak truth to power in Brazil are facing unprecedented violence and stigmatization, as the country ranks at the top in defenders’ deaths. The defenders’ protection program remains underfunded and understaffed.
Marielle’s strength, engagement and sorority serve as a source of inspiration for the work on the promotion and protection of the rights of the most marginalized groups.
We urge Brazil to ensure a prompt, impartial and independent investigation, bringing those responsible to justice, by seriously exploring the hypothesis on an extrajudicial execution, and to provide effective protection to the survivors of this attack.”
The full statement together with a list of the organisations joining it, may be downloaded here: UN-HRC37-JointStatement-GD8-Brazil-2018
Mar 15, 2018 | Advocacy, Non-legal submissions
The ICJ today spoke at the United Nations on impunity and the situation for human rights in Peru.
The oral statement was made during the discussion at the Human Rights Council of the Universal Periodic Review outcome for Peru. It read as follows (translation from the original Spanish):
“Mr President,
The International Commission of Jurists (ICJ) recognizes the progress made by the Peruvian State in the field of human rights and its openness in relation to the recommendations made in the current cycle of the Universal Periodic Review.
The ICJ regrets, however, that the investigation and punishment of those responsible for the serious human rights violations that occurred during the internal armed conflict have not received the attention they deserve. On the contrary, the fight against impunity has receded with the granting of pardon and presidential grace to former president Alberto Fujimori who was serving a prison sentence for a series of crimes against humanity committed during his term. The presidential grace grants immunity from investigations and prosecutions in course or to be opened in the future.
One of the recommendations (111.97) that Peru accepts with qualifications refers to investigations and reparations to the thousands of women who suffered forced sterilization during the Fujimori administration. The measures of pardon and grace granted would exonerate Fujimori from investigation and punishment for this and other serious crimes. The ICJ urges the Peruvian State to implement the recommendations of the international community with full respect for international standards that prohibit impunity for serious violations of human rights.
Thank you Mr President.”
The ICJ oral statement complements a related written statement by the ICJ at the session.
Jan 31, 2018 | Advocacy, Non-legal submissions
The ICJ submitted a written statement on impunity and transitional justice, ahead of the March 2018 session of the UN Human Rights Council.
The written statement can be downloaded in PDF format below:
In English: UN-HRC37-WrittenStatement-NepalPeruImpunity-EN
In Spanish: UN-HRC37-WrittenStatement-NepalPeruImpunity-ESP
Sep 28, 2017 | Advocacy, Uncategorized
The ICJ today called on the UN Human Rights Committee and a group of UN Special Procedure mandates to take urgent follow up action on Venezuela in light of the grave and ever deteriorating human rights situation in the country.
In a letter to the UN Human Rights Committee, the treaty body responsible for monitoring implementation by States parties to the International Covenant on Civil and Political Rights (ICCPR), the ICJ called for urgent action by the Committee, either through its established follow-up procedure and/or through requesting a special interim report. The Committee’s follow-up procedure was referenced in the Committee’s Concluding Observations on Venezuela’s fourth periodic report under the ICCPR. Special interim reports may be requested by the Committee under Article 40(1)(b) of the ICCPR.
The ICJ also called for urgent action to be taken by the following UN Special Procedure mandates: the Working Group on Arbitrary Detention, the Special Rapporteur on freedom of opinion and expression, the Special Rapporteur on freedom of assembly and of association, the Special Rapporteur on the independence of judges and lawyers and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment. This group of Special Procedure mandates had on 4 August 2017 issued a joint statement on the human rights situation in Venezuela.
The ICJ’s letters draw attention to several critical areas of concern:
- The rapidly deteriorating human rights situation;
- The lack of accountability of perpetrators of human rights violations;
- The lack of effective remedies and reparation for victims of human rights violations;
- The lack of independence of the judiciary;
- The institutional crisis arising from decisions of the Supreme Court of Justice;
- The unconstitutional election of the new National Constituent Assembly;
- The dismissal of the former Attorney General;
- The recent establishment of a ‘Truth Commission’;
- The intended revision of Venezuela’s Constitution; and
- Venezuela’s failure to notify its state of emergency under the ICCPR.
ICJ-Correspondence-VenezuelaFollowUp-HRCttee-2017-09-28 (download letter to the Human Rights Committee, in PDF)
ICJ-Correspondence-VenezuelaFollowUp-SPs-2017-09-28 (download letter to the Special Procedure mandates, in PDF)
ICJ reports:
Venezuela: the Supreme Court of Justice has become an arm of an authoritarian executive
Venezuela: rule of law and impunity crisis deepens
Venezuela: dismissal of Attorney General a further blow to the rule of law and accountability
Venezuela: Human rights and Rule of Law in deep crisis
Strengthening the Rule of Law in Venezuela
Sep 19, 2017 | Advocacy, Non-legal submissions
In a statement to the UN Human Rights Council today, the ICJ called for the appointment of a Special Rapporteur on the situation for human rights in Venezuela, given the ongoing human rights and rule of law crisis in the country.
The statement, which was delivered during a general debate on country situations of concern, read as follows:
“In Venezuela, extrajudicial and arbitrary executions, torture, arbitrary detention, prosecution of civilians by military tribunals, and persecution and attacks against opponents, dissidents and human rights defenders have become systematic and widespread practices.
Demonstrations and protests are violently suppressed by state security bodies and groups of armed civilians close to the government.
These gross human rights violations remain subject to impunity.
The possibility of exercising fundamental freedoms of expression and assembly, as well as political rights, is non-existent.
Following a series of decisions by the Supreme Court of Justice and the Government, the rule of law has ceased to exist, there is no separation of powers, the legislative branch has been stripped of its constitutional powers and the judiciary has become an instrument of the Executive Branch.
The National Constituent Assembly has usurped functions that do not belong to it, such as legislating and dismissing officials.
The International Commission of Jurists considers that, given the very serious human rights situation and the breakdown of the rule of law, it is imperative that the Human Rights Council appoint a Special Rapporteur on the situation of human rights in Venezuela.”
ICJ reports:
Venezuela: the Supreme Court of Justice has become an arm of an authoritarian executive
Venezuela: rule of law and impunity crisis deepens
Venezuela: dismissal of Attorney General a further blow to the rule of law and accountability
Venezuela: Human rights and Rule of Law in deep crisis
Strengthening the Rule of Law in Venezuela
