Feb 3, 2018 | Agendas, Events, News
Today begins in Ankara (Turkey) a two-day training for lawyers and CSO practitioners representing and working with migrants, refugees and asylum-seekers.
This event is organized by ICJ, in cooperation with its partners Refugee Rights Turkey, the European Council on Refugees and Exiles (ECRE), Mülteci-Der (MD) and ICJ-EI, as part of the EU co-financed project Fostering Access to Rights for Migrants, Refugees and Asylum-Seekers in Turkey.
30 lawyers and civil society practitioners – representing nine different bar associations and relevant organisations from the Ankara area and other nearby key migration and asylum locations – are taking part in the training on 3 and 4 February.
The training aims to update lawyers and CSOs on the international and national law on the rights of refugees, migrants and asylum-seekers in order to be effective in their work at both the national and international levels. It aims at an effective implementation of the Turkish legal framework on asylum and migration.
The main thematic areas to be discussed will be the principle of non-refoulement, international protection, detention and access to economic, social and cultural rights.
The training will use as a basis the draft training materials prepared by the ICJ and its partners (to be published an the end of 2019) and, among other sources, the ICJ Practitioners Guide no. 6: Migration and International Human Rights Law.
The project “Fostering Access to Rights for Migrants, Refugees and Asylum-Seekers in Turkey” is funded by the European Instrument for Democracy and Human Rights (EIDHR) of the European Union.
Turkey-Training-Ankara-MigrationAsylum-Agenda-2018-tur-eng (download the agenda in Turkish and English)
Feb 2, 2018 | News
Cambodia should halt efforts to radically limit the right to freedom of expression through adoption of lèse-majesté legislation which would criminalize the exercise of some expression, said the ICJ today.
The Spokesperson for the Cambodian Council of Ministers, Phay Siphan, reportedly announced on Facebook today that the Council of Ministers had approved an amendment to the Cambodian Criminal Code which would make it a crime to insult the Cambodian King, carrying a penalty of one to five years imprisonment and/or a fine of two million Riel (USD 500) to ten million Riel (USD 2,500).
“The Cabinet’s approval of a lèse-majesté law appears to be a further attempt by the Government to ‘weaponize’ the country’s legislation against its perceived opponents,” said Kingsley Abbott, ICJ’s Senior International Legal Adviser.
“The Government’s ongoing misuse of the law is particularly concerning given the lack of independent and impartial judges to provide appropriate checks and balances on its power,” he added.
The ICJ has previously raised concerns about abuses arising from the lèse-majesté law in neighboring Thailand to curb freedom of expression.
Exercises of expression which are critical to a democratic society under the rule of law, including commenting on public policy and political questions, are sometimes stifled and punished under these laws.
The right to freedom of expression is protected under international law and should never be subject to criminal penalties, let alone imprisonment, which is a manifestly disproportionate penalty for the exercise of the fundamental right to free expression, the ICJ said.
Contact
Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Regional Office, t: +66 94 470 1345, e: kingsley.abbott(a)icj.org
Background
Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Cambodia is a State party, protects the right to freedom of expression. This right includes the “freedom to seek, receive, and impart information and ideas of all kinds.”
In its General Comment No. 34 on article 19, the United Nations Human Rights Committee (HRC), the body that monitors compliance of State parties with the ICCPR, expressed concern about the use of lèse-majesté laws and asserted that “imprisonment is never an appropriate penalty” for defamation.
The HRC further clarified that “all public figures, including those exercising the highest political authority such as heads of state and government, are legitimately subject to criticism and political opposition” and that “laws should not provide for more severe penalties solely on the basis of the identity of the person that may have been impugned”.
In February 2017, the United Nations Special Rapporteur on the promotion of freedom of opinion and expression, David Kaye, urged Thailand to refrain from using the lèse-majesté law as a “political tool to stifle critical speech” and asserted that “(l)esè-majesté provisions have no place in a democratic country”.
The legislative amendments ratified by the Council of Ministers will now be sent to the National Assembly, the lower house of the Parliament of Cambodia, for approval.
Upon approval by Parliament, the amendments would come into force when signed by the King.
At the same time as approving a lèse-majesté law, the Council of Ministers reportedly approved other constitutional amendments which appear to impose impermissible restrictions on the rights to free association and freedom of assembly, also protected under the ICCPR.
These legislative amendments reportedly include provisions that (i) the right to vote or the right to stand as an election candidate can be restricted by domestic legislation, (ii) the right to form a political party would require “placing the nation’s interests first”, (iii) prohibit individuals from “undermining the interests of the nation” and (iv) allow Secretaries of the State to be appointed by Royal Decree rather than by Parliamentary vote.
Read also
ICJ’s October 2017 Report: Achieving Justice for Gross Human Rights Violations in Cambodia
Jan 30, 2018 | Agendas, Events
The ICJ invites you to an event to discuss challenges in prevention of, and accountability for, violations of human rights in renditions and other transfers of suspects, including through past European complicity in US-led renditions, and in ongoing transfers of suspects in the CIS region.
Join us for a discussion marking the EU launch of the International Commission of Jurists’ report, Transnational Injustices: National Security Transfers and International Law. The event is kindly hosted by Ana Gomez and Eva Joly, MEPs.
Panelists will discuss the ongoing practice of states unlawfully rendering people accused of terrorism, accountability for violations of human rights in past renditions, and how the EU institutions and EU Member States should address these.
When: Tuesday 30 January 16.00 – 18.00
Where: Room A5G305, European Parliament, Brussels
RSVP to: anamaria.gomes@europarl.europa.eu
Speakers include:
- Ana Gomes, Member of the European Parliament
- Eva Joly, Member of the European Parliament
- Róisín Pillay, International Commission of Jurists
- Natacha Kazachkine, Open Society European Policy Institute
A flyer for this event is available in PDF format by clicking here.
Jan 25, 2018 | News
Myanmar’s publication in state media of lists with the names and accompanying photographs of more than 1,400 men, women and children under the heading “Members of ARSA Terrorist Group” constitutes an assault on human rights and contravenes key principles of the rule of law.
Authorities have not explained why or how listed persons were identified, if they are currently in detention, or if they are wanted for prosecution or for questioning pursuant to criminal investigations. Some or all persons listed appear to have been “accused” outside any formal judicial process.
Given the lack of publicly available information as to the basis of ascribing membership of a prescribed terrorist organization to the persons in the photos, and the manner in which their information has been publicized, the ICJ is concerned that the stated accusations may be arbitrary.
To the extent that there may be any credible basis for ascribing criminal conduct, the authorities have an obligation to administer justice through due process and fair trials, and not name calling and public shaming.
Authorities should cease publishing such material and take effective protective measures to ensure the safety and security of the people named in these publications and their families.
Serious crimes, including alleged acts of terrorism as well as human rights violations, necessitate investigations that are prompt, independent, impartial, effective and transparent in line with international standards.
As with other crimes, the investigation and prosecution of alleged acts of terrorism should conform to applicable national laws, including Myanmar’s Code of Criminal Procedure, to the extent these do not violate applicable international standards.
If any of the listed individuals have been detained, they must be brought promptly before a judge and charged with a cognizable offense or else released.
Accused persons must be afforded legal protections, and if properly charged, they must be brought to justice through fair trials.
State authorities have a duty to respect and ensure the presumption of innocence.
Authorities must refrain from making public statements that are defamatory in nature, that violate fair trial rights by affirming or implying the guilt of persons accused of crimes, and that violate the principle of judicial independence and the separation of powers, all of which are recognized in national and international law.
Particularly given the heightened tensions prevailing in northern Rakhine State, persons included in these lists and their families are at great risk of extra-judicial reprisals, which violates their right to security of the person.
In addition, the potentially defamatory publication of these photos by the government constitutes a violation of their right to privacy.
It also seriously undermines the government’s stated commitments to facilitating the safe return of refugees, and its responsibility to safeguard the physical security and integrity of all individuals from all communities in Myanmar.
Background
From 17 to 23 January 2018, Myanmar authorities published lists with the names, photos and identifying information of more than 1,400 men, women and children who they summarily accuse in the publications of involvement in or association with terrorism-related acts in Rakhine State.
These lists contain photos accompanied by captions with information variously including the name, age, village, alleged transgression, and other identifying information.
Most individuals are identified as “the terrorist” while others are characterized as a “family member of terrorists” or having “sympathized with the terrorist groups.”
The lists have run as supplements in the daily Burmese-language Myanmar Alinn newspaper and in the daily English-language Global New Light of Myanmar newspaper, published by the Ministry of Information.
Extracts have been published by the Office of the President of the Union, and by the Ministry of Foreign Affairs, which on 16 January requested Bangladesh authorities to extradite “accused” persons to Myanmar.
The ICJ has previously expressed concern that during and following security operations in Rakhine State, authorities have systematically failed to respect the rights of detainees in accordance with national and international law and standards.
Authorities have also so far failed to hold to account members of security forces, including soldiers and police, who appear to have perpetrated crimes against both Rohingya and Rakhine inhabitants of Rakhine State.
More than 650,000 inhabitants of northern Rakhine State, the vast majority of whom are Rohingya Muslims, have been displaced as a result of security operations commanded by Myanmar’s military, the Tatmadaw, following attacks on police posts by the Arakan Rohingya Salvation Army (ARSA) on 25 August 2017.
The government’s Counter-Terrorism Central Committee has declared ARSA as a ‘terrorist organization’ and stated that its supporters would be held responsible for acts of terrorism, pursuant to the 2014 Counter-Terrorism Law.
Myanmar-Terrorist Lists-News-web story-2018-BUR (story in Burmese, PDF)
Jan 22, 2018 | News
The ICJ today called on the Egyptian Parliament to adopt a Draft Law on the appointment of women to the judiciary and to eliminate longstanding discrimination against their appointment as judges.
The Draft Law was introduced by member of the Parliament (MP) Nadia Henry this month and is supported by another 60 MPs.
The Speaker of Parliament has referred it to the legislative committee for review.
“Ensuring women’s full and equal participation in Egypt’s judiciary is necessary for a fair legal system reflective of the community it serves,” said Said Benarbia, ICJ MENA Director.
“It’s also necessary to end decades of discriminatory practices that have meant only a handful of women judges have ever been appointed despite explicit guarantees of equality in the Constitution,” he added.
Article 11 of the Constitution requires the State to ensure the “achievement of equality between women and men in all civil, political, economic, social and cultural rights,” including the right of “holding public and senior management offices in the state and their appointment in judicial bodies and authorities without discrimination”.
Women were first appointed to judicial office in 2007. Between 2007 and 2017 there were less than 67 female judges across Egypt, for a population of more than 100 million.
This significant under-representation of women is entrenched in a widespread discriminatory view, including within the judiciary itself, that working as a judge in court was an inappropriate profession for women.
“The Draft Law is significant first step towards challenging these discriminatory views and harmful practices. The Authorities must not only adopt it, they must also adopt other urgent, practical and structural measures to fully guarantee the rights of women to have equal access to judicial office and ensure their equal representation in the judiciary,” Benarbia added.
Background
The first article of the draft law places an obligation on all judicial bodies to appoint women to judicial offices and ensure that the conditions of their appointment are consistent with those that are applicable to men.
In its second article, the draft law nullifies any law that infringes on the obligation set forth in Article 1. Article 3 of the draft law invalidates any procedures in relation to the appointment of judges if such procedures do not comply with the Article 1 of the draft law.
Article 10 of the UN Basic Principles on the Independence of the Judiciary provide that, “In the selection of judges, there shall be no discrimination against a person on the grounds of race, colour, sex, religion, political or other opinion, national or social origin, property, birth or status…”.
The Convention for the Elimination of Discrimination against Women and the International Covenant on Civil and Political Rights, key human rights treaties to which Egypt has been party since the early 1980s, also explicitly prohibit discrimination against women, including in relation to access to public office such as judicial appointments.
Contact
Saïd Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41.22.979.3817, e: said.benarbia(a)icj.org
Egypt-women judges-news-2018-ARA
Jan 19, 2018 | News
The ICJ today condemned the executions of 22 civilians during the past month, following death penalty cases before military courts in which fair trial guarantees appear to have been flagrantly violated.
The Egyptian authorities should establish an immediate moratorium and halt all pending executions with a view towards the total and permanent abolition of the death penalty, the ICJ added.
“The executions of these civilians constitute blatant, egregious violations of the right to life by the Egyptian authorities,” said Said Benarbia, ICJ MENA Director.
“Carrying them out based on military trials, which furthermore failed to scrupulously observe international fair trial standards, amounts to the arbitrary deprivation of life,” he added.
Based on information provided by the defendants’ lawyers and families, Egyptian NGOs have reported a litany of fair trial violations that marred these proceedings.
These included the case of a defendant who was convicted following one trial session, in the absence of his counsel.
It also included instances involving enforced disappearances and allegations of torture and other ill-treatment, some of which were documented in the prosecution reports.
In one case the defendants’ lawyers filed a motion to “review the case” under article 448 of the Code Criminal Procedure which should normally suspend the carrying out of any sentence of execution.
The executions were nevertheless carried out on 9 January, before the Military Court’s review, which was due on 28 February 2018.
“The Egyptian authorities have brushed aside the most basic legal safeguards on the imposition and carrying out of the death penalty,” Benarbia said.
“Because they cannot ensure respect of fair trial rights, they must impose an immediate moratorium on executions.”
Under international standards, proceedings in death penalty cases must conform to the highest standards of judicial independence, competence and impartiality, and must strictly comply with all fair trial rights.
The ICJ has previously documented how the Egyptian judiciary fails to conform to these standards.
Contact
Saïd Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41.22.979.3817, e: said.benarbia(a)icj.org
Egypt-Executions-News-2018-ARA (Arabic translation in PDF)
Background
International standards recognize the particular concerns with judicial independence and impartiality that arise in relation to the trial of civilians by military courts.
Accordingly, the jurisdiction of military courts should be limited to military personnel in cases of strictly military offences, i.e. alleged breaches of military discipline.
The above-mentioned cases involved civilians and allegations of ordinary offenses, including theft, rape, and murder (including murder of military officers).
Particularly in these circumstances, there could be no justification for these cases to have been adjudicated before military courts and the ICJ considers that this factor in itself renders the executions in violation of the right to life.
The ICJ furthermore opposes the death penalty in all circumstances as a violation to the right to life and to the prohibition of cruel, inhuman or degrading treatment or punishment.
The cases in question were: Case No. 411/2013 before the Ismailiya Criminal Military Court (15 executions in 26 December 2017), case No. 22/2015 before Tanta Criminal Military Court (4 executions in 2 January 2018) and case No. 93/2011 before the Ismailiya Criminal Military Court (3 executions in 9 January 2018).
