Guatemala: the Royal Norwegian Embassy in Mexico supports ICJ’s work

Guatemala: the Royal Norwegian Embassy in Mexico supports ICJ’s work

The ICJ has been awarded a grant from the Royal Norwegian Embassy in Mexico to continue its work in the area of independence of the judiciary in Guatemala.

This initiative titled “Strengthening the rule of law in Guatemala, Phase II” aims to strengthen domestic compliance with, and implementation of, international standards providing for judicial independence through the training of judges, raising awareness on this topic, as well as providing support to judges at risk.

The ICJ will be working together with the Mayan Association of Lawyers and Notaires of Guatemala as a partner in this action, through a sub grant of 1,622,801 NOK.

Guatemala-Grant Agreement with Norway-2018-ENG (full grant agreement, in PDF)

UAE: One year on, award-winning human rights defender Ahmed Mansoor’s whereabouts remain unknown

UAE: One year on, award-winning human rights defender Ahmed Mansoor’s whereabouts remain unknown

The authorities in the United Arab Emirates (UAE) should reveal the whereabouts of prominent human rights defender and citizen-journalist Ahmed Mansoor and release him immediately and unconditionally, two dozen human rights organizations, including the ICJ, said today.

Ahmed Mansoor is being held for his peaceful human rights work.

20 March 2018 marks one year since security forces arbitrarily arrested Mansoor, winner of the Martin Ennals Award for Human Rights Defenders in 2015, at his home in Ajman.

The UAE authorities have continued to detain him in an unknown location, despite condemnation from UN human rights experts and independent human rights organizations.

“The authorities have subjected Ahmed Mansoor to enforced disappearance since his wife last saw him in September 2017. They must reveal his whereabouts to his family and grant him immediate access to them and to a lawyer of his choosing,” said Khalid Ibrahim, Executive Director of the Gulf Centre for Human Rights (GCHR).

Following his arrest, the authorities announced that he is facing speech-related charges that include using social media websites to “publish false information that harms national unity.”

On 28 March 2017, a group of UN human rights experts called on the UAE government to release Mansoor immediately, describing his arrest as “a direct attack on the legitimate work of human rights defenders in the UAE.”

They said that they feared his arrest “may constitute an act of reprisal for his engagement with UN human rights mechanisms, for the views he expressed on social media, including Twitter, as well as for being an active member of human rights organizations.”

“Mansoor’s arbitrary detention is a violation of his right to freedom of expression and opinion. The UAE authorities must drop all charges against him and release him immediately,” said Carles Torner, Executive Director of PEN International.

Since his arrest, Mansoor has not been allowed to make telephone calls to his family and has been allowed only two short visits with his wife, on 3 April and 17 September 2017, both under strict supervision.

He was brought from an unknown place of detention to the State Security Prosecutor’s office in Abu Dhabi for both visits.

The authorities have refused to inform his family about his place of detention and have ignored their requests for further visits.

In February 2018, a group of international human rights organizations commissioned two lawyers from Ireland to travel to Abu Dhabi to seek access to Mansoor.

The UAE authorities gave the lawyers conflicting information about Mansoor’s whereabouts.

The Interior Ministry, the official body responsible for prisons and prisoners, denied any knowledge of his whereabouts and referred the lawyers to the police.

The police also said they had no information about his whereabouts. The lawyers also visited Al-Wathba Prison in Abu Dhabi following statements made by the authorities after Mansoor’s arrest, which suggested that he was being held there.

However, the prison authorities told the lawyers that there was nobody matching Mansoor’s description in prison.

“Pending his release, Mansoor must be granted immediate and regular access to his family, as well as to a lawyer of his choosing,” said Sima Watling, UAE Researcher at Amnesty International’s Middle East Regional Office.

UAE-one-year-Ahmed-Mansoor-remain-unknown-2018-ENG (Full text in PDF)

Speech: the human rights and rule of law situation in Asia

Speech: the human rights and rule of law situation in Asia

Today, Kingsley Abbott, ICJ’s Senior International Legal Adviser, gave the keynote address on the human rights and rule of law situation in Asia at the Asia News Network’s (ANN) international symposium on upcoming elections in Asia.

The event, held at a hotel in Bangkok, Thailand, was attended by nearly 300 diplomats, business leaders, academics and members of civil society.

ANN is an alliance of 24 leading media in 20 Asian countries.

The full speech can be downloaded here:

Asia-ANN Speech-News-web story-2018-ENG

Singapore: halt impending execution of Hishamrudin bin Mohd

Singapore: halt impending execution of Hishamrudin bin Mohd

The ICJ called on the Government of Singapore to halt the impending execution of Hishamrudin bin Mohd, and take immediate steps to impose a moratorium on executions, with a view towards the abolition of the death penalty in the near future.

Hishamrudin bin Mohd, a Singaporean national, was sentenced to death in 2016, under mandatory sentencing laws, after being convicted of possessing drugs for the purpose of trafficking.

His execution is scheduled to take place on 16 March 2018.

The ICJ opposes the death penalty in all circumstances as a denial of the right to life and a form of cruel, inhuman and degrading punishment.

“Singapore, as this year’s Chair of the Association of Southeast Asian Nations, must use this opportunity to lead the way in the region in recognizing that the death penalty is inherently incompatible with human dignity and a violation of human rights,” Sam Zarifi, ICJ Secretary General said.

“Singapore should set an example to other ASEAN Member States in upholding the rule of law and protecting human rights,” he added.

Furthermore, the ICJ expressed serious concern that Singapore still applies the mandatory death penalty, including for drug offenses which, according to international standards does not the meet the threshold of “most serious crimes” to which the death penalty must be confined.

“States that have not yet abolished the death penalty should never apply them for drug offenses nor make them automatic,” Zarifi said.

The UN Special Rapporteurs on extrajudicial, summary or arbitrary executions have stated that under no circumstances should death penalty be mandatory.

International human rights law is undermined when mandatory death penalty is imposed since sentencing must reflect assessment of the factors in each case to ensure that the defendant’s human rights and the narrow limits on the use of death penalty have been respected.

The ICJ notes that the UN General Assembly has adopted repeated resolutions with the support of the overwhelming majority of States, most recently in December 2016 calling for an international moratorium on the use of death penalty with a view to abolition.

Presently, some 170 States around the world have either abolished the death penalty or put a moratorium to its use.

The UN Secretary General Antonio Guterres emphasized that “the death penalty has no place in the 21st century.”

Contact

Emerlynne Gil, Senior International Legal Adviser for Southeast Asia, t: +662 619 8477 (ext. 206); e: emerlynne.gil(a)icj.org

Background 

Hishamrudin bin Mohd, a Singaporean national, was found guilty of possessing 34.94 grams of diamorphine, allegedly for the purpose of trafficking. His appeal was rejected on 3 July 2017 and his execution was scheduled on 16 March 2018.

The ICJ received information that Hishamrudin bin Mohd filed a last-minute application for judicial review on 12 March 2018 and a closed-door hearing was set on 14 March 2018. However, on 15 March 2018, the Court of Appeal denied his appeal.

 

No return to torture: new CTI tool on non-refoulement developed by the ICJ

No return to torture: new CTI tool on non-refoulement developed by the ICJ

Developed by the ICJ for the Convention Against Torture Initative (CTI), a new tool on non-refoulement has been launched today. It shares over 15 examples of legal and procedural safeguards that States have developed to give it effect at the domestic level.

The new CTI tool on non-refoulement covers:

  • constitutional and legislative provisions;
  • national procedures;
  • procedural rights to be guaranteed to those facing deportation or expulsion;
  • training; and
  • visa and stay arrangements for when return is prohibited.

There is also a section on non- refoulement in the extradition context.

The purpose of this and other CTI Implementation Tools is to inspire other States to take action through exchanges of good practices.

The tool also provides timely and practical information and advice for States in light of the recently released UN Committee against Torture’s General comment on the implementation of Article 3 of the Convention in the context of Article 22.

Some of the laws mentioned in this tool detail the powers that can be exercised by State authorities to remove a person and the constraints on those powers, as well as the relevant administrative and judicial procedures to be followed. National legislation has also detailed the rights of persons within those procedures (photo).

The tool was developed for the CTI by the ICJ with the support of the University of Bristol’s Human Rights Implementation Centre.

CTI’s series of UNCAT Implementation Tools are available here.

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