Oct 4, 2017 | News
Tajikistan should take urgent action to ensure the protection of Buzurgmehr Yorov, a lawyer serving a 28-year sentence in prison, following his conviction being based on clearly improper charges related to the defense of his clients, the ICJ said today.
The ICJ is aware that Bugurgmehr Yorov has been subjected to acts amounting to torture or other ill-treatment.
The responsible authorities must ensure that such ill-treatment immediately ceases and that allegations that Buzurgmehr Yorov’s rights that have been violated are promptly and thoroughly investigated by an independent body.
Anyone responsible for violations of his rights must be held accountable and brought to justice, as required under Tajikistan law as well as international human rights treaties to which Tajikistan is a party.
Buzurgmekhr Yorov was arrested two years ago on 28 September 2015, on charges of “fraud” and “forgery of documents.”
Later, he was accused of violating three more articles of the Criminal Code, including in relation to alleged “public calls for extremist activity.”
On 6 October 2016, The Dushanbe City Court sentenced Yorov to 23 years imprisonment in a strict regime prison.
In March this year, Yorov was sentenced to an additional two years’ deprivation of liberty for “contempt of court and insulting the representative of power.”
In August 2017, he received a further three years sentence on charges of “insulting the president.”
On 27 September 27 2017, Hurinniso Ishokova, mother of Buzurgmehr Yorov, obtained permission to visit her son in a pre-trial detention facility, for the first time in nine months.
Following the visit, she alleged that her son had been systematically beaten by prison staff during the whole period of his detention, and that in the last month the beatings had intensified.
She also said that at an unspecified time during his detention Buzurgmehr Yorov had been admitted to the hospital at the pre-trial facility.
After several days of treatment, he was again sent back and the beatings by prison staff resumed.
According to his mother, these beatings were accompanied by insults, humiliation and threats. Reportedly, on three recent occasions Buzurgmkhar Yorov was placed in a punishment cell for several days.
On September 28, 2017 the head of the pre-trial facility rejected all claims that Buzurgmkhar Yorov had been subjected to torture or other ill-treatment.
Background:
The ICJ has, on a number of occasions, expressed its serious concerns over the arrest and conviction of Buzurgmehr Yorov and other lawyers in Tajikistan.
The ICJ is concerned that Buzurgmehr Yorov’s conviction may constitute a reprisal for his defense work in high-profile political trials in connection with his representation of thirteen leaders of the Islamic Renaissance Party of Tajikistan (IRPT).
See:
https://www.icj.org/tajikistan-long-prison-sentences-for-lawyers-endangers-the-fairness-of-the-justice-system/
https://www.icj.org/tajikistan-arrest-of-lawyer-raises-concern-over-reprisals-for-defense-of-clients/
https://www.icj.org/tajikistan-icj-concerned-at-arrest-of-lawyer/
Tajikistan is a party to the International Covenant on Civil and Political Rights (ICCPR) and the UN Convention against Torture (CAT) both of which enshrine the absolute prohibition on torture or other cruel inhuman and degrading treatment, and require that allegations of such ill-treatment should be subject to independent, thorough and prompt investigation, and that perpetrators of crimes of torture should be brought to justice.
According to UN Basic Principles on the Role of Lawyers, lawyers “shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.” (Principle 16(c)).
Yorov_statement_rus (Russian translation – pdf)
Oct 4, 2017 | Agendas, Events, News
Today starts a five-day Strategic Litigation Retreat for lawyers in Ferney-Voltaire, France organized by the ICJ-EI as part of the EU and OSI funded FAIR project.
Twenty lawyers from Bulgaria, Germany, Greece, Italy, Ireland, Malta and Spain will be meeting with experts and among themselves in order to strategize about their cases of access to justice for migrant children and on accessing international human rights mechanisms.
The retreat is taking place from 4 to 8 October in a close proximity to Geneva, which allows for access to UN treaty bodies experts.
The group will meet with Members of the UN Committee on the rights of the child and the UN Committee on Economic, Social and Cultural Rights and experts from the treaty bodies’ secretariat on individual complaints and on inquiries.
The participants will also have a chance to discuss litigation strategies with experts from the European Court for Human Rights, experts from civil society organizations with long-standing experience in strategic litigation, such as the AIRE Center, ICJ, DCI Belgium or Child Rights Connect.
All the participating lawyers took part in the national trainings organized, through 2016 and 2017, by the ICJ and its national partners.
The trainings were focused on the right to be heard and procedural rights of migrant children, the right to family life, economic, social and cultural rights, detention and on how to access international human rights mechanisms in order to allow for effective access to justice for migrant children.
Out of all the participants, this Strategic Litigation Retreat, brings together three selected lawyers from each of the national trainings.
In the same time, the project management group of the FAIR project, composed of national partners and Child Rights Connect will meet and will contribute to some parts of the Retreat.
The Retreat will use as a basis the draft training materials prepared by the ICJ (to be published an the end of 2017) and the ICJ Practitioners Guide no. 6: Migration and International Human Rights Law.
The FAIR project co-funded by the Rights, Equality and Citizenship Programme of the European Union and OSIFE.
See more information about the national trainings on the rights of migrant children within the FAIR project here: Spain, Italy, Bulgaria, Malta, Greece, Ireland, Germany (photo)
Download the agenda here: Universal-StrategicLitigationRetreat-News-Events-Agendas-2017-ENG
Oct 2, 2017 | News
The ICJ today expressed concern at the apparently unlawful violence surrounding yesterday’s referendum in Catalonia, as Catalan authorities sought to hold a vote on the independence of the region. The Spanish Constitutional Court had ruled that the referendum was illegal.
The ICJ calls on all parties concerned to resolve the current crisis in accordance with international human rights law and in the framework of the rule of law.
The ICJ is particularly concerned at allegations of excessive use of force during police operations aimed at enforcing court orders to prevent the referendum being held.
International human rights obligations binding on Spain require that any use of force by agents of the State must be no more than is strictly necessary in the circumstances to meet a grave threat .
All aspects of police operations, including their planning and co-ordination, and the training, guidance and orders given to police officers on the ground, must be designed to minimize the use of physical force.
The ICJ calls for a thorough, prompt and independent investigation into the violence surrounding the referendum, and for those responsible for acts of violence in violation of human rights to be brought to justice.
Background
Spain has obligations to respect the right to life and the right to physical integrity of any person under its jurisdiction under articles 6 and 7 of the International Covenant on Civil and Political Rights, and articles 2, 3 and 8 of the European Convention on Human Rights.
Standards in this regard are re-enforced by the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
Positive obligations under these provisions require that allegations of lethal or potentially lethal force, or force that could amount to cruel inhuman or degrading treatment or torture, be the subject of investigation that is independent and impartial, thorough and prompt.
The violence surrounding the referendum on Catalonia’s independence reportedly resulted in injuries to at least 844 civilians and 33 police offices.
Contacts:
Róisín Pillay, ICJ Europe Programme Director, t: +32 2 734 84 46 ; e: roisin.pillay(a)icj.org
Massimo Frigo, ICJ Senior Legal Adviser, t: +41 22 979 3805 ; e: massimo.frigo(a)icj.org
Oct 2, 2017 | News
The ICJ, APT, OMCT, FIACAT, Redress, Amnesty, IRCT, and Alkarama have constructed a checklist for membership to guide the States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in selecting five new members later this month.
See Checklist here:
Universal-CriteriaMembership-News-2017-ENG
Sep 27, 2017 | News
The ICJ has welcomed the recent decision of the African Commission on Human and Peoples’ Rights (ACHPR) on a recent decision found the Democratic Republic of Congo (DRC) responsible for the massacre of 70 people in Kilwa in 2004.
In its decision, the Commission not only urges the DRC State to pay 2.5 million US dollars compensation to eight victims and their families but also urges the DRC to prosecute Anvil Mining’s personnel involved in the massacre.
The African Commission also acknowledged the involvement of mining company Anvil Mining, an Australian-Canadian company (later bought by the Chinese company MinMetals) operating a copper and silver mine in Dikulushi, located 50 kilometers from Kilwa, that would
have provided logistical support to soldiers who bombarded civilians.
This decision sheds light on the corporate legal responsibility for human rights abuses, particularly in the extractive
industry sector, and suggests legal avenues for action against Anvil for alleged abuses.
Universal-KilwaMassacre-News-2017-ENG (full pdf ENG)
Sep 25, 2017 | News
Guatemala’s Congress should immediately remove obstacles to investigation and accountability of President Jimmy Morales (photo) and other public officials for alleged violations of campaign finance rules and corruption, the ICJ said today.
The ICJ also called on President Morales to cease efforts to impede the effective functioning of the United Nations mandated International Commission against Impunity in Guatemala (CICIG).
“Guatemala’s president and some members of Congress are obstructing justice by abusing their authority to avoid investigations for corruption and block the important work carried out by the Attorney General, with CICIG’s assistance,” said Sam Zarifi, ICJ’s Secretary General, just returned from a visit to the country.
“Guatemala, with CICIG’s assistance, has witnessed important progress in the fight against corruption and impunity in recent years, and Congress should be making sure that this trend continues,” he added.
The Congress voted on September 21 to reject the request by Attorney General Thelma Aldana and Ivan Velasquez, Commissioner of CICIG, to strip President Morales of Constitutional immunity he enjoys as president, in connection to allegations that his political party failed to report more than $800,000 in campaign financing.
But the Congressional vote fell short of the threshold of 105 votes needed to reach the necessary two-thirds of Congress needed to reach a final decision and thus can be reconsidered.
On September 13, Congress voted to revise the country’s criminal code by removing Secretary Generals of political parties from accountability for violations of electoral laws (instead limiting accountability to accountants) and to commute the sentences of those already convicted of a number of serious crimes, including corruption, trafficking of persons, and sexual abuse.
The legislators rescinded the vote after two days of nationwide public demonstrations and a decision of the country’s Constitutional Court to suspend the law’s application.
The Guatemalan Constitutional Court suspended the revisions in response to a writ of amparo and characterized Congress’ revisions to the criminal code as “a threat that, in case of being implemented, could cause irreparable damage to the judicial system”.
“The Constitutional Court’s speedy action avoided a massive blow to the fight for accountability in Guatemala, because if the law had gone into effect for even one hour, it would have provided a legal basis for politicians convicted on corruption charges to demand release or commutation of their sentences,” Zarifi said.
Congress’s actions followed an attempt by President Morales to expel CICIG’s Commissioner Velasquez, as persona non grata and to revise CICIG’s mandate, in an apparent bid to block investigations into his alleged wrongdoing.
“Since CICIG was formed in December 2006 at the request of the Guatemalan government, it has worked closely with the country’s Attorney General to improve accountability, and its impact has been undeniably positive,” Zarifi said.
“This is a model of international support for national accountability mechanisms that should be studied and emulated around the world; its continued operation is therefore of interest not just to Guatemala and the region but to global efforts to combat impunity,” he added.
The ICJ called on the Guatemalan government to comply with its international legal obligations as a State party to the 2004 United Nations Convention Against Corruption and the 1996 Inter-American Convention Against Corruption.
Background
Article 30(2) of the UN Convention Against Corruption calls on State Party to strike “an appropriate balance between any immunities or jurisdictional privileges accorded to its public officials for the performance of their functions and the possibility, when necessary, of effectively investigating, prosecuting and adjudicating offences established in accordance with this Convention.”
Article 30(3) demands States “to ensure that any discretionary legal powers under its domestic law relating to the prosecution of persons for offences established in accordance with this Convention are exercised to maximize the effectiveness of law enforcement measures in respect of those offences and with due regard to the need to deter the commission of such offences.”
Contact:
Sam Zarifi, ICJ Secretary General, t: +41 79 726 44 15 ; e: sam.zarifi@icj.org
