Dec 19, 2013 | News
The ICJ deplores the death sentences handed down by the People’s Court of Hanoi on December 17 to two former shipping executives and urges the government of Viet Nam to desist from carrying out the planned executions.
Viet Nam National Shipping Lines (Vinalines) former chairman Duong Chi Dung and former general director Mai Van Phuc were found guilty of embezzling nearly USD $1 million from the state-owned company and sentenced to death.
“The announced death sentences fly in the face of encouraging human rights developments in Viet Nam, such as the State’s signing the Convention Against Torture and other Cruel Inhuman or Degrading Treatment or Punishment in November,” said Sam Zarifi, ICJ’s regional director for Asia and the Pacific. “This is a major setback at a time when it appeared Viet Nam was making progress towards ending capital punishment.”
The ICJ considers the death penalty to constitute a violation of the right to life and the right to be free from cruel, inhuman or degrading punishment.
Following the Human Rights Council’s Universal Periodic Review in 2009, Viet Nam agreed to revise its legislation on the death penalty in line with the country’s international obligations.
Since then it has reduced the number of crimes punishable by death, and changed its method of administering the sentence from firing squad to injection by lethal substance.
It is estimated that more than 600 people remain on death row in the country. Most were convicted on drug-related offences.
“At present, approximately two thirds of the world’s countries have already either abolished capital punishment or have moratoriums on executions,” said Zarifi. “It is regrettable that Viet Nam has chosen to exclude itself from this global trend.”
The ICJ calls on the Government of Viet Nam to immediately put in place a moratorium on its practice, with a view to abolishing the death penalty, as demanded by the United Nations General Assembly in repeated resolutions on the question.
CONTACT:
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002, e-mail: sam.zarifi(a)icj.org
Craig Knowles, ICJ Media & Communications, (Bangkok), t:+66 819077653, e-mail: craig.knowles(a)icj.org
Dec 14, 2013 | News
The ICJ today urged the Lao PDR government to reverse its inaction in determining the fate of community activist Sombath Somphone, who was allegedly subjected to enforced disappearance a year ago.
In a legal memorandum on the one-year anniversary of Sombath’s enforced disappearance, the ICJ called on the Lao authorities to fulfill their country’s obligations under international law and carry out a thorough and impartial investigation into his whereabouts.
It also said the government must cooperate with regional and international human rights mechanisms, particularly the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the UN Working Group on Enforced and Involuntary Disappearances.
“It is deplorable that one year after Sombath Somphone was abducted after being stopped by traffic police, the public prosecutor has yet to institute formal
or criminal proceedings into his disappearance’’, said Sam Zarifi, ICJ Asia-Pacific regional director.
“The government of the Lao People’s Democratic Republic must immediately take effective measure to ensure animpartial and thorough investigation and bring justice to those responsible for crimes against Sombath Somphone,” he added.
Sixty-two-year old Sombath Somphone, Lao PDR’s most prominent community development advocate and a Ramon Magsaysay Award winner, was last seen on December 15, 2013, on a road in the capital Vientiane.
Closed circuit Television (CCTV) footage showed him being stopped at a police checkpoint, exiting his vehicle, getting into another vehicle with unidentified men and being driven away. He has not been seen since.
The Lao PDR government has denied any involvement in Sombath Somphone’s abduction. But reports released by police reveal a wholly inadequate investigation that lacks any credible explanation as to his fate or whereabouts.
In January this year, the ICJ called on the AICHR to play a proactive role in the case and to use the opportunity to address issues of enforced and involuntary disappearances in the region. To date, the AICHR has yet to take any meaningful action.
If the AICHR is to have any meaning, it must fulfill its mandate under Article 4, paragraph 1.11 of its Terms of Reference and develop a common position and strategy for tackling the widespread impunity of all acts of enforced disappearances in ASEAN, the legal memorandum said.
“An effective investigation, conducted in accordance with international standards, is essential in order that family members of Sombath Somphone and the public as a whole may discover the truth about his fate and whereabouts, and bring justice and reparation,’’ said Zarifi.
Background
Sombath Somphone is the founder and former director of the Participatory Development Training Center (PADETC), a non-governmental organization that supports holistic education and youth development as well as promoting eco-friendly technologies and micro-enterprises.
In October 2012, Sombath assisted the Lao government and non-governmental organizations convene an Asia-Europe People’s Forum (AEPF). The event was widely attended, drawing 948 participants from Lao PDR as well as other Asian countries.
It was the first time groups publicly criticized human rights abuses in Lao PDR, a Communist-run Southeast Asian country bordering Thailand, Cambodia, Vietnam, Myanmar and China.
The legal memorandum also covers the right of a family member to the right to information in such cases of enforced disappearances pursuant to both international standards as well as domestic laws in Lao PDR.
Recommendations
The key recommendations in the legal memorandum include:
(a) The public prosecutor, to launch a credible, prompt, thorough, impartial and effective investigation into the fate and whereabouts of Sombath Somphone. In the event that the public prosecutor fails to do so, an independent and credible authority should be established to undertake prompt, thorough and impartial investigation, consistent with international standards, into the alleged enforced disappearance as well as allegations of arbitrary detention, torture or ill-treatment;
(b) In furtherance of this investigation, the investigating authority should immediately seek and accept assistance from foreign experts on analysis of forensic evidence; and
(c) The investigating authority should provide relevant material and conclusions from any investigation to Sombath Somphone’s wife, to the extent compatible with the prosecution of the case.
CONTACT:
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002, e-mail: sam.zarifi(a)icj.org
Craig Knowles, ICJ Media & Communications, (Bangkok), t:+66 819077653, e-mail: craig.knowles(a)icj.org
Lao-Legal Memorandum-annex on the case of Sombath Somphone-advocay-2013 (download in pdf)
Dec 10, 2013 | News
The ICJ urgently calls on Bangladesh President Abdul Hamid to intervene to stop the execution of Abdul Quader Mollah.
The Supreme Court handed down its judgment against Abdul Quader Mollah on 5 December 2013.
The 790-page judgment was sent to the International Crimes Tribunal on 8 December 2013 and a death warrant was issued against Abdul Quader Mollah (photo) on the same day.
It was immediately sent to the Dhaka Central Jail and he may be executed at any time unless President Abdul Hamid or the Supreme Court intervenes.
Last week, the United Nations High Commissioner for Human Rights Navi Pillay issued a statement, expressing her deep concern over the rising levels of political violence in Bangladesh, calling on both sides to ‘’halt their destructive brinkmanship.’’
‘‘In an increasingly volatile situation, executing Abdul Quader Mollah risks pushing the Government towards a state of emergency, placing democracy and rule of law in peril,’’ said Ben Schonveld, ICJ South Asia Director. ‘‘The timing of the Supreme Court’s decision and the Tribunal’s subsequent death warrant raise serious questions about the political motivations behind the ICT process as well as the independence and impartiality of the judiciary.’’
The ICJ is concerned that the International Crimes Tribunal has not adhered to international standards.
As a State party to the International Covenant on Civil and Political Rights, Bangladesh is obligated to guarantee the right to a fair trial to all suspects, which includes special protections for those facing the death penalty.
The ICJ considers the death penalty to constitute a violation of the right to life and the right to be free from cruel, inhuman or degrading punishment.
It calls on the government of Bangladesh to impose a moratorium on the carrying out death sentences with a view to abolition, in compliance with repeated United Nations General Assembly resolutions on the question.
“The use of the capital punishment is particularly egregious in the Abdul Quader Mollah case, given that Parliament retroactively changed the law to enable the Supreme Court to impose a sentence of death on appeal,’’ added Schonveld. ‘‘Retroactively changing laws to influence the outcome in a case not only goes against the prohibition on retroactivity, it undermines the independence of the judiciary and the judicial function.’’
The ICJ urges President Abdul Hamid to intervene to stop the execution of Abdul Quader Mollah.
CONTACT:
Ben Schonveld, ICJ South Asia Director (Kathmandu), t:+97714432651 ; email: ben.schonveld(a)icj.org
Sheila Varadan, ICJ International Legal Advisor, South Asia Programme (Bangkok), t: +66857200723; email: sheila.varadan(a)icj.org
BACKGROUND:
Political violence has continued to escalate in Bangladesh
Abdul Quader Mollah was indicted on six counts of crimes against humanity before the International Crimes Tribunal (ICT). On 5 February 2013, the ICT rendered its verdict, finding him guilty on five counts and acquitting him on the sixth count. The ICT sentenced him to life imprisonment on two counts for his involvement in the Alubdi mass murder and the murder and rape of a family. He was sentenced to 15 years imprisonment on the remaining three counts.
At the time of the verdict, section 21(2) of the International Crimes (Tribunal) Act 1973 did not permit the Prosecution to appeal a sentence to obtain a heavier sentence.
The ICT verdict in the Mollah case sparked widespread protests, drawing tens of thousands of protesters to Shabagh Square, demanding that Mollah be sentenced to death.
Responding to public outcry, on 14 February 2013, the Parliament of Bangladesh drafted an amendment to change Section 21(2) of the International (Crimes) Tribunal Act 1973 to allow Prosecution to appeal a sentence in a conviction to seek a heavier sentence. The amendment was passed on 17 February and deemed to apply retroactively from 14 July 2009.
Acting on the basis of the Amendment to Section 21(2), the prosecution appealed the life sentences given to Mollah, seeking the death penalty. The prosecution also appealed the acquittal handed down. The defence in turn appealed the convictions on the five counts.
On 17 September 2013, the Appellate Division of the Supreme Court issued an oral decision with no reasons overturning the acquittal and entering a conviction; overturning one of the life sentences and imposing a sentence of death; dismissing the appeal made by the defence.
On 5 December 2013, the Appellate Division of the Supreme Court issued its 790-page judgment giving its reasons for overturning the life sentence and handing down the death penalty. The 790-page judgment was forwarded to the ICT-2 on 8 December 2013. The ICT-2 then issued a warrant of death against Abdul Quader Mollah and sent it to the Central Dhaka jail to be executed.
Dec 5, 2013 | Events, News
The 4th ICJ Geneva Forum of Judges and Lawyers opened today. This year’s forum promotes the role of women in the judiciary, focusing particularly on women judges and lawyers from Africa and the Middle East.Scheduled on 5-6 December, it forms part of a broader ICJ initiative on women judges, lawyers and human rights defenders as agents of change.
The Forum is convened annually by the ICJ’s Centre for Independence of Judges and Lawyers, bringing together legal practitioners from around the world to help safeguard the independence and impartiality of the judiciary and the legal profession.
The 2013 edition of the Forum is supported by the République and Canton de Genève, Australian Aid, and PeaceNexus Foundation.
ICJGeneva Forum 2013-Final Agenda-event-2013 (download in pdf)
ICJGeneva Forum 2013-Participants list-event-2013 (download in pdf)
Picture: ICJ Commissioner Sanji Monageng (Botswana) will chair the session on stories from the frontline.
Dec 3, 2013 | News, Publications, Reports, Thematic reports
Lawyers continue to encounter impediments to the exercise of their professional functions and freedom of association, as well as pervasive corruption, although they have been able to act with greater independence, says the ICJ in a new report launched today.
Right to Counsel: The Independence of Lawyers in Myanmar – based on interviews with 60 lawyers in practice in the country – says authorities have significantly decreased their obstruction of, and interference in, legal processes since the country began political reforms in 2011.
“The progress made in terms of freedom of expression and respect for the legal process is very visible,” said Sam Zarifi, ICJ Asia-Pacific director. “But despite the improvements, lawyers still face heavy restrictions and attacks on their independence, which can result in uncertainty and fear, particularly when it comes to politically sensitive issues.”
Systemic corruption continues to affect every aspect of a lawyer’s career and, as a result, is never absent from lawyers’ calculations vis-à-vis legal fees, jurisdictions and overall strategy.
“Corruption is so embedded in the legal system that it is taken for granted,” Zarifi said. “When the public also generally assumes that corruption undermines the legal system, this severely weakens the notion of rule of law.”
“Lawyers in Myanmar, as elsewhere, play an indispensable role in the fair and effective administration of justice,” Zarifi added. “This is essential for the protection of human rights in the country and the establishment of an enabling environment for international cooperation towards investment and development.”
But lawyers in Myanmar lack an independent Bar Council, the report says, noting that the Myanmar Bar Council remains a government-controlled body that fails to adequately protect the interests of lawyers in the country and promote their role in the fair and effective administration of justice.
The ICJ report shows that other multiple long-standing and systemic problems affect the independence of lawyers, including the poor state of legal education and improper interferences on the process of licensing of lawyers.
In its report, which presents a snapshot of the independence of lawyers in private practice in Myanmar in light of international standards and in the context of the country’s rapid and on-going transition, the ICJ makes a series of recommendations:
- The Union Attorney-General and Union Parliament should significantly reform the Bar Council to ensure its independence;
- The Union Attorney-General and Union Parliament should create a specialized, independent mechanism mandated with the prompt and effective criminal investigation of allegations of corruption;
- The Ministry of Education should, in consultation with the legal profession, commit to improving legal education in Myanmar by bolstering standards of admission to law school, law school curricula, and instruction and assessment of students.
Contact:
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002 e-mail: sam.zarifi(a)icj.org
Craig Knowles, ICJ Media & Communications, (Bangkok), t:+66 819077653, e-mail: knocraig(a)gmail.com
Myanmar-Right to Counsel-publications-report-2013-ENG (download full text in pdf)
MYANMAR-Right to Counsel-Publications-report-2015-BUR (Burmese version in pdf)
Nov 26, 2013 | News
The ICJ is calling on the Malaysian Government to immediately drop the criminal charge against human rights defender Lena Hendry for screening the film ‘No Fire Zone: the Killing Fields of Sri Lanka.’
The case has been fixed for case management and the defence lawyers filed an application to set aside, permanently stay or quash the charges against Lena Hendry.
“Subjecting Lena Hendry to criminal prosecution simply for screening a documentary violates her rights and contravenes Malaysia’s obligations to uphold freedom of expression,” said Sam Zarifi, ICJ’s Asia-Pacific Regional Director.
On 3 July 2013, Pusat Komas, a Malaysian human rights advocacy organization where Lena Hendry works, and Kuala Lumpur and Selangor Chinese Assembly Hall Civil Right Committee (KLSCAH CRC) screened the film “No Fire Zone”, a documentary on the war crimes and human rights abuses allegedly committed at the end of the Sri Lankan civil war in 2009.
Immediately following the screening, 30 officers from the Malaysian Ministry of Home Affairs and the police entered the hall and recorded the identity of all persons who attended the event.
The authorities then arrested Lena Hendry and two colleagues, Anna Har and Arul Prakash, and interrogated them for three hours at Dang Wangi police station.
On 19 September 2013, Lena Hendry was charged under section 6(1)(b) of the Film Censorship Act 2002 for showing a film that had not been approved by the Board of Censors.
If found guilty, she could be fined up to RM30,000 (approximately USD 9,322) and sentenced to up to three years imprisonment.
“The Malaysian government told the UN Human Rights Council during its universal periodic review that it maintains a ‘strong commitment to the rule of law, to upholding respect for human rights, and…widening the democratic space”, said Sam Zarifi. “That commitment is inconsistent with prosecuting human rights defenders for disseminating documentary human rights information.”
Under international law and standards, Malaysia must respect the right to freedom of expression of all persons, including the right to seek and impart information of all kinds.
In the case of human rights defenders, the UN Declaration on Human Rights Defenders imposes a special duty on States not only to respect this right, but also to protect those who exercise this right through their exposure of human rights violations.
The ICJ calls on the Malaysian Government to safeguard freedom of expression and uphold the right of individuals to expose and disseminate information on human rights questions, including the documentation of human rights abuses.
