Dec 19, 2014 | News
The Nepal government should ensure more victim participation and improve transparency when selecting candidates for two independent commissions on the country’s decade-long conflict, the ICJ and other groups said today.
The ICJ, Amnesty International, Human Rights Watch and five local human rights and conflict-era victims groups sent an open letter to Prime Minister Sushil Koirala.
The groups, reiterating concerns about the act, said Koirala should narrow the scope of the amnesty powers vested in the commissions and bring them in line with international standards.
The Truth and Reconciliation Commission and the Commission on Enforced Disappearances are being established under a 2014 law, the Commission on Investigation of Disappeared Persons, Truth and Reconciliation Act, 2071 (TRC Act).
“A consultative and transparent process for selecting commissioners is critical if the commissions are going to win the trust of conflict-era survivors as well as local and international observers,” the rights groups said in their letter. “The TRC Act is fundamentally flawed, and the government should take these steps to ensure that this important exercise in transitional justice remedies the flaws.”
Contact:
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; email: sam.zarifi(a)icj.org
Nepal-TRCCommission-Advocay-Open Letter-2014-ENG (full text in PDF)
Dec 18, 2014 | News
Today’s Opinion by the Court of Justice of the European Union (CJEU) in Luxembourg on the European Union’s (EU) accession to the European Convention on Human Rights (ECHR) is a regrettable setback for human rights in Europe, said Amnesty International, the ICJ and the AIRE Centre.
Dec 17, 2014 | News
Mr Chang Boyang, whose case ICJ raised in a letter to Chinese President Xi Jinping in September calling for his release, has been released on bail.
Mr Boyang, a lawyer working among other things to promote the rights of persons with disabilities in China, had been arrested and charged for activities that should have been recognized to be well within the scope of his professional role and his freedom of expression and association. The ICJ was informed today that Chang Boyang was released on bail on 29 November.
In another update, the ICJ has also been informed that Beijing-based lawyer Pu Zhiqiang, whose case was also raised in the letter to President Xi Jinping, has had additional charges brought against him. He remains in detention while his case has been sent back to police for further investigation, which is in turn likely to prolong his pre-trial detention. His lawyer reportedly said that Pu has already been interrogated 60 to 70 times, with each session lasting more than 10 hours.
The ICJ has not received any reply to its letter of 1 September 2014 to Chinese President Xi Jinping.
The ICJ remains deeply concerned about the situation of lawyers who raise human rights issues or otherwise act on cases the Chinese government deems to be sensitive. Those held in detention should be immediately released, and all criminal proceedings based on lawyers’ due discharge of their professional functions, or exercise of freedom of expression, association or assembly, must be dropped.
The ICJ Practitioner’s Guide no 1 on independence of judges, lawyers and prosecutors is available here in a variety of languages, including Chinese.
Dec 13, 2014 | News
The ICJ condemned decision of the People’s Supreme Court on 12 December 2014 affirming the unfair convictions of human rights defenders Bui Thi Minh Hang, Nguyen Van Minh and Nguyen Thi Thuy Quynh respectively to three, two-and-a half and two years imprisonment.
Dec 11, 2014 | News, Publications, Reports
Two years after prominent Laotian activist Sombath Somphone was last seen at a police checkpoint, the Laotian government must do more to investigate his suspected enforced disappearance, said the ICJ in a new report released today.
In the report, Missed Opportunities: Recommendations for Investigating the Disappearance of Sombath Somphone, which was co-authored by Michael Taylor QPM, a leading international investigator, the ICJ noted that despite the passage of two years since Sombath Somphone’s apparent enforced disappearance on December 15, 2012, very little information about the progress of investigation has been released to the public or his family.
“The fact that the Lao PDR government’s last report on the progress of the investigation was released over 18 months ago raises serious concerns as to whether the Laotian authorities are in fact carrying out an effective investigation into this case as they are required to do under international law,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific.
“It is not enough for the Laotian government simply to assert it is investigating this case. International law obliges Lao PDR authorities to conduct an investigation that is credible and effective, along the lines suggested in ICJ’s report.”
Among other recommendations, the ICJ’s report suggests a range of investigative steps that should be addressed by the authorities of Laos PDR including establishing a relationship with Sombath Somphone’s family, carrying out a proper technical assessment of the Closed circuit Television (CCTV) footage of his abduction, analyzing relevant cell phone information from telephone cells and towers, and mandating an independent expert body to review the results of the investigation to date and make recommendations.
The Lao PDR government has denied any involvement in Sombath Somphone’s abduction.
But reports released by police reveal a wholly inadequate investigation that has not come any closer to a credible explanation as to his fate or whereabouts.
“The ICJ hopes that this report will assist the Laotian authorities to identify potential leads in the case so that the truth as to the whereabouts and fate of Sombath Somphone can finally be established and those who are responsible for criminal conduct and violations of his rights can be brought to justice,” said Zarifi.
“One of the conclusions of the ICJ’s review of the publicly available material regarding this case is that this case remains ‘eminently solvable’ if proper investigative methodology is followed.”
Key recommendations in the report include:
- Formulate a sensitive family liaison strategy that ensures that their right to be regularly provided with information about the progress and results of the investigation are respected in a manner that also ensures the effectiveness of the investigation.
- Implement a CCTV strategy that ensures the capture and systematic analysis of all relevant material and the submission of material to accredited independent and expert laboratories that will provide the best opportunity for enhancement of critical detail.
- Seek the assistance of appropriate agencies in other countries in the forensic examination and analysis of crime scenes, vehicles, phone and CCTV data, and any physical or other evidence.
- Ensure an independent comprehensive review of the scope, methodology and results of the investigation to date is carried out by a competent, independent and relevantly expert body. Such a body should have the authority to request and receive all relevant information, question individuals and make recommendations. All officials and experts who have been involved in the investigation to date should cooperate and provide information to the independent body carrying out the review.
Contact:
Sam Zarifi, ICJ Asia Regional Director, (Bangkok), t:+66 807819002, e-mail: sam.zarif(a)icj.org
Kingsley Abbott, ICJ International Legal Adviser, (Bangkok), t:+66 944701345, e-mail: kingsley.abbott(a)icj.org
Background:
Sombath Somphone, Lao PDR’s most prominent community development advocate and a Ramon Magsaysay Award winner, was last seen on December 15, 2012, on a road in the capital Vientiane.
Closed circuit Television footage showed him being stopped at a police checkpoint, exiting his vehicle, and after his vehicle was driven away by an unidentified man, getting into another vehicle with unidentified men and being driven away. He has not been seen since.
As a State Party to the International Covenant on Civil and Political Rights (ICCPR and Convention Against Torture and Other, Inhuman or Degrading Treatment or Punishment (CAT), the Government of Lao PDR has the duty to carry out independent, impartial and effective investigations into cases of alleged enforced disappearance.
Download the report in PDF:
Lao-Somphone disappearance-Publications-report-2014-ENG (full report in English, PDF)
Lao-Somphone disappearance-Publications-report-2014-LAO (full report in Laotian, PDF)
Read also:
Lao PDR: government must tackle enforced disappearance case
ICJ submission on the Universal Periodic Review of Lao
