India: a constitutional and civic space crisis (UN event)

India: a constitutional and civic space crisis (UN event)

On 2 March, the ICJ and other NGOs will present discussion of the situation for human rights in India at a side event to the UN Human Rights Council in Geneva.

The event takes place Monday 2 March 2020, 14:00 – 15:00, in Room VII, Palais des Nations, Geneva.

In India, human rights defenders and civil society activists are facing escalating levels of harassment and restrictions. The systematic use of restrictive laws against critics and an ongoing clampdown on public gatherings and internet freedom now go beyond Jammu and Kashmir. A divisive and discriminatory citizenship law has sparked widespread protests across India. Protests against the law have been met with arbitrary arrests, excessive force and violence by the authorities, with at least 27 people killed and hundreds injured with impunity.

As the situation continues to deteriorate, this event will look at what action is needed by states, civil society and the United Nations to ensure an end to these human rights violations in the world’s largest democracy.

A flyer for the event can be downloaded here in PDF format: UN-Event-India-2019

Sri Lanka: A failure of justice (UN event)

Sri Lanka: A failure of justice (UN event)

An event at the UN Human Rights Council on 28 February will highlight the continuing failure of Sri Lanka to secure justice for crimes under international law, and discuss ways forward for international efforts to fill the gap.

The event will take place 28 February 2020, 13:00 – 14:00, in Room XXIII of the Palais des Nations in Geneva.

It will be moderated by Human Rights Watch, with a short video will be followed by an interactive discussion with panelists from Amnesty International and the International Commission of Jurists.

A flyer for the event can be downloaded in PDF format here: HRC43 – Sri Lanka

Sri Lanka: Government’s refusal to implement UN Resolutions strengthens case for international justice mechanisms 

Sri Lanka: Government’s refusal to implement UN Resolutions strengthens case for international justice mechanisms 

The ICJ today condemned the Sri Lankan Government’s announced “withdrawal” of support for the process under UN Human Rights Council (UNHRC) Resolutions 30/1, 34/1 and 40/1.

Minister of Foreign Affairs, Dinesh Gunawardane, formally announced the decision on 26 February at a High-Level Segment of the 43rd session of the UNHRC in Geneva.

“The Government of Sri Lanka’s refusal to implement effective measures for truth, justice, accountability and reconciliation, including as set out in the resolutions of the Human Rights Council, places it in violation of its obligations under international law,” said Frederick Rawski, ICJ’s Regional Director for Asia and the Pacific. “Holding perpetrators of human rights violations accountable at the international level now appears to be the only real option – including referral to the International Criminal Court, the creation of an ad hoc international mechanism, and the exercise of universal jurisdiction.”

Gunawardane stated that the Government of Sri Lanka would instead “achieve sustainable peace through an inclusive, domestically designed and executed reconciliation and accountability process, including through the appropriate adaptation of existing mechanisms, in line with the Government’s policy framework.”

“It is the Sri Lankan Government’s failure to initiate a credible and comprehensive approach to transitional justice in the aftermath of the war that led to the intervention of the international community in the first place,” said Rawski. “Sri Lanka’s domestic legal system has repeatedly demonstrated that it is unable to address systemic and entrenched impunity for crimes under international law perpetrated by the military and security forces,” he added.

Pronouncements by the President, on protecting military personnel from any accountability measures coupled with appointments to senior command positions individuals credibly accused of serious human rights violations indicate that the long history of impunity of security forces in Sri Lanka is set to continue.

The ICJ is deeply concerned that the Government’s official refusal to implement the UN resolutions comes at a time when the human rights situation in Sri Lanka is rapidly deteriorating. It threatens to undermine even the meagre progress made over the past few years, which albeit slow and wholly insufficient, has been primarily due to the continued engagement of the Council, OHCHR and international community. The UNHRC process is also the only forum at the global level where Sri Lankan civil society and victim groups have had the opportunity to engage openly in dialogue with the Government and other States on human rights concerns in Sri Lanka.

The validity of adopted resolutions of the Council does not depend on their acceptance by the government concerned. Reporting and discussion of Sri Lanka’s implementation or failure to implement them will take place this year and in 2021 at the Council regardless of the Government’s position.

Contact

Frederick Rawski, ICJ’s Asia Pacific Regional Director, t: +66 2 619 84 77; e: frederick.rawski(a)icj.org

Turkey: re-arrest of Osman Kavala immediately after his acquittal is a travesty of justice

Turkey: re-arrest of Osman Kavala immediately after his acquittal is a travesty of justice

The ICJ and IBAHRI condemn yesterday’s re-arrest of Turkish human rights defender Osman Kavala, immediately following his acquittal on charges connected to the Gezi Park demonstrations that began in May 2013.

Osman Kavala was arrested on his release from prison yesterday evening, on suspicion of “attempting to disrupt the constitutional order” connected to the failed coup attempt of 2016.

“For Osman Kavala to be acquitted yesterday, on charges for which there was never credible evidence against him, only to be immediately re-arrested on another highly improbable charge, suggests a criminal justice system that is operating to suppress independent civil society rather than uphold due process and the rule of law,” said Róisín Pillay, Director of the ICJ’s Europe and Central Asia Programme.

Osman Kavala has been held in pre-trial detention since October 2017.  The European Court of Human Rights recently ordered that Turkey must act to secure his immediate release, and found that his detention violated his right to liberty (Article 5.1 ECHR) and his right to speedy judicial review of detention (Article 5.4 ECHR), and pursued an improper purpose (Article 18 ECHR).

“It is disgraceful that the Turkish authorities seek to evade compliance with their obligation under the European Convention on Human Rights to end the arbitrary detention of Osman Kavala, by releasing and re-arresting him. We call for these new charges to be dropped and for Osman Kavala to be immediately released,” said Baroness Helena Kennedy QC, IBAHRI Director.

Background

Mr Kavala has been in detention since 18 October 2017 pending trial on charges connected to the Gezi Park protests. The Gezi Park protests began in May 2013 as an effort by a group of environmentalists to save a park in central Istanbul from being rezoned, but soon grew into nationwide demonstrations. Police quelled the protest in Taksim Square with the use of tear gas and water cannons.

Mr Kavala’s trial, along with 15 other defendants, took place before Istanbul 30th Assize Court. The IBAHRI and the ICJ jointly sent international observers to attend all hearings of the trial.

Contact :

Róisín Pillay, Director for Europe and Central Asia Proramme, t: +32 2 734 84 46; e: roisin.pillay(a)icj.org

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