Aug 13, 2013 | News
The ICJ today called on the Nepalese Government to release the body of Tibetan Monk Karma Nyidon Gyasto to the Tibetan community to carry out his last rites in accordance with Nepal’s laws and international obligations.
“We are deeply concerned about this rejection of Nepal’s laws and its international obligations,” said Asia Director Sam Zarifi.
On 5 August 2013, a Tibetan refugee, Karma Nyidon Gyasto self-immolated at the Boudha Stupa, in Kathmandu. He was taken to Tribhuvan University Teaching Hospital, where he was later declared dead. His body is apparently being held in the hospital’s mortuary.
On 12 August 2013, the Tibetan Refugee Welfare Office, registered an application to the Office of the Chief District Officer in Kathmandu to perform funeral rites. The Tibetan Refugee Welfare Office is acting on behalf of Gyatso given the lack of clear legal status of the resident Tibetan refugee community.
This is the second protest by self-immolation in Nepal. The first was in February 2013. In that case the government refused to hand over the body for funeral rites.
The refusal to hand over the body contravenes Nepal’s national laws.
The Interim Constitution, under Article 23 guarantees the right to religion, including the right to practice and perform religious rites.
Furthermore Article 17 provides that every community in Nepal has the right to preserve and promote its culture.
The action also contravenes Nepal’s international obligations.
Article 18 of the International Covenant on Civil and Political Rights (ICCPR) provides for the right to a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
Furthermore, General Comment No 22 on Article 18 of the ICCPR states that this right includes ritual and ceremonial acts.
Under the Covenant, the Government of Nepal is obliged to respect and ensure the religious and cultural rights of the Tibetan refugee community, who have a legitimate right to receive the body and hold a funeral according to their religion and culture.
CONTACT:
Sam Zarifi, ICJ Asia-Pacific Director, (Bangkok), t: +66 807819002; email: sam.zarifi(a)icj.org
Aug 12, 2013 | News
The ICJ is calling for the immediate release of Adilur Rahman Khan, a prominent Supreme Court lawyer and human rights defender in Bangladesh.
Mr Khan is the Secretary of Odhikar, a Bangladeshi human rights organization that has documented human rights violations allegedly carried out by Bangladeshi security forces.
Plainclothes police officers arrested Mr Khan from his home on 10 August 2013 without an arrest warrant.
“Adilur Rahman Khan is being charged for the lawful exercise of the right to freedom of expression, so Bangladeshi authorities must immediately and unconditionally drop all charges against him and release him,” said Ben Schonveld, ICJ’s South Asia director. “Until the charges are dropped, he must be released on bail.”
Adilur Rahman Khan was charged on 11 August under section 57 of the Information and Communication Technology Act, 2006, for distorting information regarding a police operation on a Hefazat-e Islam rally in May this year.
Odhikar reported that 61 people had been killed in the police crackdown on the rally. The government denied any casualties.
He was not allowed to speak with his family or his lawyers until August 11, when a Magistrate’s Court refused bail and remanded him for a further five days of custodial interrogation.
On August 12, the High Court Division of the Supreme Court stayed the remand order, directing that Mr. Khan be sent back to jail, where he could be interrogated ‘at the gate of the prison.’
“Adilur Rahman Khan’s arrest is illustrative of a deeply worrying government strategy to muzzle and discredit the work of human rights defenders and distract attention from human rights violations,” added Schonveld. “The High Court’s stay of the remand order is a positive development. However, the Bangladesh government must uphold its obligations under domestic and international law to guarantee freedom of expression and allow human rights defenders to carry out their work.”
Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Bangladesh is a party, guarantees ‘freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.’
The UN Basic Principles on the Role of Lawyers provide that lawyers must be allowed to carry out their work ‘without intimidation, hindrance, harassment or improper interference.’
Further, lawyers shall, in particular, have the right to take part in public discussions of matters concerning the law, administration of justice and the promotion and protection of human rights.
In addition, the UN Declaration on Human Rights Defenders clarifies that States must create an enabling environment for human rights defenders and take all necessary measures to protect human rights defenders ‘against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of his or her rights.’
CONTACT:
Ben Schonveld, ICJ South Asia Director (Kathmandu), t: +977 14432651; email: ben.schonveld(a)icj.org
Sam Zarifi, ICJ Asia-Pacific Director, (Bangkok), t: +66 807819002; email: sam.zarifi(a)icj.org
Jul 9, 2013 | News
The ICJ today called for the immediate release of Le Quoc Quan, after the People’s Court of Hanoi announced on 8 July 2013 the postponement of his trial, without setting any new dates for the case. The reason given for the hastily informed adjournment was that the judge had suddenly taken ill.
The ICJ considers that Le Quoc Quan’s continued detention is in violation of Vietnam’s penal law and the State’s international legal obligations.
Le Quoc Quan, a lawyer and human rights defender, was arrested on 27 December 2012 and charged for tax evasion under article 161 of Vietnam’s 1999 Penal Code.
The postponement of the trial appears to signal that Le Quoc Quan will continue to remain in jail. Since his arrest last year, he has already been detained for more than six months.
“The continued detention of Le Quoc Quan is akin to him being punished even before the trial has commenced. This is a clear violation of his right to being presumed innocent,” said Andrew Khoo from the Malaysian Bar Council, an expert appointed by the ICJ, who had traveled to Hanoi to observe Le Quoc Quan’s trial.
On 29 December, two days after Le Quoc Quan’s arrest, his wife filed an application for bail to the police and procurator. She had also applied for release on his own recognizance. There are no specific detailed procedures spelled out in law governing bail procedures. Under article 92 of the Criminal Procedure Code, only family members are permitted to act as guarantors. To date, neither the police nor the procurator have replied to her applications.
Under article 9 of the International Covenant on Civil and Political Rights (ICCPR), to which Vietnam is a party, it should not be the general rule that persons are detained while awaiting trial, and release pending trial may only be subject to conditions to ensure appearance at the trial.
“There is no reason to believe that if released Le Quoc Quan would not appear for trial, and in any event his family has made representations to act as guarantors”, said Emerlynne Gil, the ICJ’s International Legal Adviser on Southeast Asia, who was also in Hanoi to observe the trial. “The People’s Court of Hanoi must order Le Quoc Quan’s release either on bail or his own recognizance.”
The ICJ notes that the postponement also violates Le Quoc Quan’s right to a speedy trial. Under international law, including ICCPR article 14, an accused has the right to be tried without undue delay and within a reasonable period of time. This prevents any unnecessary continuing deprivation of liberty and ensures that the interest of justice is properly served.
“We would expect that the People’s Court of Hanoi will notify promptly the public of the next date of Le Quac Quan’s trial and ensure that his right to a fair and public trial is upheld,” said Emerlynne Gil.
The ICJ looks forward to returning to Vietnam to continue monitoring this case and ensuring that the rights of Le Quoc Quan, including his right to liberty and to a fair trial, are fully respected and protected.
CONTACT:
Ms. Emerlynne Gil, International Legal Adviser for Southeast Asia, tel. no. +662 6198477; email: emerlynne.gil(a)icj.org
Jul 5, 2013 | News
The Government of Pakistan should renew the official moratorium on the death penalty, with a view to definitively abolishing the practice in law, says the ICJ.
The Government signaled its intention to resume executions on Thursday, 4 July 2013 when it failed to renew a 2008 Presidential order imposing a moratorium on executions. It is estimated that approximately 8000 people are currently on death row in Pakistan.
“Resuming executions would be a major step backwards for Pakistan in protecting human rights,” says Sheila Varadan, ICJ Legal Advisor for South Asia. “The prospect of lifting the moratorium is all the more alarming given the extraordinarily high number of people on death row.”
The announcement apparently comes as part of the newly elected Government’s strategy to tackle high levels of crime and insecurity in Pakistan.
The ICJ condemns the death penalty as a violation of the right to life and a form of cruel and inhuman punishment. Moreover, it is widely accepted that the practice cannot serve as a deterrent to crime or be administrated without error or discrimination.
More than 150 of the 192 United Nations members States have either abolished the death penalty or imposed a moratorium on its practice.
In December 2012, the United Nations General Assembly adopted its fourth resolution calling on all States retaining the death to place a moratorium on the practice with a view towards abolition.
Of the 186 member States present, 111 member States voting in favour and only 41 member States against, an increase from the previous three resolutions.
“Pakistan is part of a dwindling minority of States who continue to retain the death penalty and carry out executions,” Varadan. “The ICJ urges the newly elected Government of Pakistan to demonstrate its commitment to upholding human rights and to desist from licensing the State deliberately to take the life any person in its custody.”
CONTACT:
Sheila Varadan, ICJ Legal Advisor, South Asia Programme (Bangkok), t: +66 857200723; email: sheila.varadan(a)icj.org
Jun 26, 2013 | News
The ICJ condemns the attempted assassination of Justice Maqbool Baqir, a judge of the Sindh High Court, who also sits on the anti-terrorism court in Karachi, Pakistan.
A bomb blast injured Justice Maqbool Baqir and thirteen others and killed at least nine people.
“This is the second bombing targeting the Pakistani judiciary in under six months. The ICJ is extremely concerned that these attacks signal a renewed challenge to the ability of the Pakistani judiciary to function as an independent institution,” said Sheila Varadan, ICJ’s South Asia Legal Advisor.
According to local media sources, the Tehreek-e-Taliban Pakistan (TTP), an armed group operating in northwestern Pakistan, has claimed responsibility for the bombing, admitting that it specifically targeted Justice Maqbool Baqir for his ‘anti-shariah’ judgments and ‘ruling against the mujahideen’.
“Any physical attack on a judge constitutes a serious threat to the rule of law and the independence of the judiciary. If the TTP or another armed group is deliberately targeting judges, it could constitute a crime under international law,” Varadan added.
Under international standards, including the United Nations Basic Principles on the Independence of Judges, Pakistan is responsible for taking measures to ensure the protection of members of the judiciary from acts of violence or other threats to their safety.
Earlier in March 2013, the ICJ condemned the suicide bombing inside a Peshawar courthouse killing four people and injuring thirty others.
CONTACT:
Sheila Varadan, ICJ Legal Advisor, South Asia Programme (Bangkok), t: +66 857200723; email: sheila.varadan(a)icj.org
Jun 24, 2013 | News
The recent Rana Plaza building disaster, in Bangladesh, could, and should, have been averted if the government had performed its obligation to adequately protect the workers, the ICJ said today.
“The Rana Plaza collapse, which killed 1,131 workers and injured close to 2,500 others, is the most recent in a long list of industrial disasters brought about by the government’s failure to regulate and monitor workplace conditions and sanction private entities violating the law,” said Sheila Varadan, ICJ Legal Advisor on South Asia. “To single out and focus solely on the role of multi-national companies does not reflect the full picture.”
“While the ICJ does not minimize the responsibility of private enterprises, unless the underlying systemic issues such as institutional weaknesses, corruption and lack of enforcement are addressed, such tragedies will continue to happen,” Varadan added.
Litigation is a vital tool to ensure accountability, remedy and reparations, where government agencies fail in their essential functions.
The Bangladesh Legal Aid and Services Trust (BLAST), a leading national human rights organization, has been petitioning the Supreme Court over the past decade, obtaining orders against government agencies and seeking compensation for victims and their families in work-related disasters.
“The government of Bangladesh must take active measures to ensure its regulatory framework is adequate and effective; its laws are rigorously enforced; and victims are adequately compensated,” Varadan also said. “Failing to do so not only violates Bangladeshi law but is also in breach of Bangladesh’s obligations to protect human rights under international law.”
CONTACT:
Sheila Varadan, ICJ Legal Advisor, South Asia Programme (Bangkok), t: +66 857200723; email: sheila.varadan(at)icj.org
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002; email: sam.zarifi(at)icj.org
Bangladesh-Rana Plaza-Public interest litigation-backgrounder-featured article-2013 (full text in pdf)
Bangladesh-WGBHR5-OralStatement-LegalSubmission-2013 (full statement to the Working Group on Business and Human Rights)
