Dec 11, 2013 | News
The ICJ has now published a translation of its Practitioner’s Guide, International Principles on the Independence and Accountability of Judges, Lawyers and Prosecutors in both traditional and simplified Chinese.
This is the first comprehensive analysis of the existing standards and compilation of universal and regional instruments published in Chinese.
The Guide outlines the roles to be played by a strong legal profession, an independent judiciary and an impartial and objective prosecuting authority.
References to international decisions, reports, texts of treaties and other international standards allow the Guide to be used as a reference book by legal practitioners and policy makers.
To access and download it please click here.
Dec 10, 2013 | News
The ICJ urgently calls on Bangladesh President Abdul Hamid to intervene to stop the execution of Abdul Quader Mollah.
The Supreme Court handed down its judgment against Abdul Quader Mollah on 5 December 2013.
The 790-page judgment was sent to the International Crimes Tribunal on 8 December 2013 and a death warrant was issued against Abdul Quader Mollah (photo) on the same day.
It was immediately sent to the Dhaka Central Jail and he may be executed at any time unless President Abdul Hamid or the Supreme Court intervenes.
Last week, the United Nations High Commissioner for Human Rights Navi Pillay issued a statement, expressing her deep concern over the rising levels of political violence in Bangladesh, calling on both sides to ‘’halt their destructive brinkmanship.’’
‘‘In an increasingly volatile situation, executing Abdul Quader Mollah risks pushing the Government towards a state of emergency, placing democracy and rule of law in peril,’’ said Ben Schonveld, ICJ South Asia Director. ‘‘The timing of the Supreme Court’s decision and the Tribunal’s subsequent death warrant raise serious questions about the political motivations behind the ICT process as well as the independence and impartiality of the judiciary.’’
The ICJ is concerned that the International Crimes Tribunal has not adhered to international standards.
As a State party to the International Covenant on Civil and Political Rights, Bangladesh is obligated to guarantee the right to a fair trial to all suspects, which includes special protections for those facing the death penalty.
The ICJ considers the death penalty to constitute a violation of the right to life and the right to be free from cruel, inhuman or degrading punishment.
It calls on the government of Bangladesh to impose a moratorium on the carrying out death sentences with a view to abolition, in compliance with repeated United Nations General Assembly resolutions on the question.
“The use of the capital punishment is particularly egregious in the Abdul Quader Mollah case, given that Parliament retroactively changed the law to enable the Supreme Court to impose a sentence of death on appeal,’’ added Schonveld. ‘‘Retroactively changing laws to influence the outcome in a case not only goes against the prohibition on retroactivity, it undermines the independence of the judiciary and the judicial function.’’
The ICJ urges President Abdul Hamid to intervene to stop the execution of Abdul Quader Mollah.
CONTACT:
Ben Schonveld, ICJ South Asia Director (Kathmandu), t:+97714432651 ; email: ben.schonveld(a)icj.org
Sheila Varadan, ICJ International Legal Advisor, South Asia Programme (Bangkok), t: +66857200723; email: sheila.varadan(a)icj.org
BACKGROUND:
Political violence has continued to escalate in Bangladesh
Abdul Quader Mollah was indicted on six counts of crimes against humanity before the International Crimes Tribunal (ICT). On 5 February 2013, the ICT rendered its verdict, finding him guilty on five counts and acquitting him on the sixth count. The ICT sentenced him to life imprisonment on two counts for his involvement in the Alubdi mass murder and the murder and rape of a family. He was sentenced to 15 years imprisonment on the remaining three counts.
At the time of the verdict, section 21(2) of the International Crimes (Tribunal) Act 1973 did not permit the Prosecution to appeal a sentence to obtain a heavier sentence.
The ICT verdict in the Mollah case sparked widespread protests, drawing tens of thousands of protesters to Shabagh Square, demanding that Mollah be sentenced to death.
Responding to public outcry, on 14 February 2013, the Parliament of Bangladesh drafted an amendment to change Section 21(2) of the International (Crimes) Tribunal Act 1973 to allow Prosecution to appeal a sentence in a conviction to seek a heavier sentence. The amendment was passed on 17 February and deemed to apply retroactively from 14 July 2009.
Acting on the basis of the Amendment to Section 21(2), the prosecution appealed the life sentences given to Mollah, seeking the death penalty. The prosecution also appealed the acquittal handed down. The defence in turn appealed the convictions on the five counts.
On 17 September 2013, the Appellate Division of the Supreme Court issued an oral decision with no reasons overturning the acquittal and entering a conviction; overturning one of the life sentences and imposing a sentence of death; dismissing the appeal made by the defence.
On 5 December 2013, the Appellate Division of the Supreme Court issued its 790-page judgment giving its reasons for overturning the life sentence and handing down the death penalty. The 790-page judgment was forwarded to the ICT-2 on 8 December 2013. The ICT-2 then issued a warrant of death against Abdul Quader Mollah and sent it to the Central Dhaka jail to be executed.
Dec 6, 2013 | News
The ICJ and Amnesty International expressed concern over the trial of Mohamed Belbouri before the criminal court of Oran in Algeria. The next hearing of the trial is held on Monday 9 December.
Belbouri, aged 29, stands as the sole accused in the murder of Professor Ahmed Kerroumi, an Algerian political activist. Kerroumi was killed in April 2011, shortly after meeting with the UN Special Rapporteur on freedom of expression, Frank La Rue, in Algeria.
The ICJ and Amnesty International call on the Algerian authorities to ensure the right of Kerroumi’s family members to know the truth about his killing and to criminally hold the perpetrator(s) to account in line with international fair trial standards.
The two organizations are concerned that the Belbouri trial has failed to meet these standards, including the right of the accused to be presumed innocent and to defence.
The two organizations are further concerned by allegations that acts of torture and other ill-treatment were inflicted on Belbouri during his interrogation in police facilities between 12 and 17 May 2011, apparently aiming to make him “confess” to the killing of Kerroumi.
Belbouri says he was beaten on the head, face, stomach and feet, electrocuted, made to sit on his knees for hours with a chair on his head, and threatened that his relatives would be ill-treated if he did not “confess”.
“Algerian authorities must respect and ensure the right of Belbouri to a fair hearing before an independent and impartial tribunal and in full compliance with international fair trial standards,” said Wilder Tayler, ICJ Secretary General.
“The authorities must also ensure that all reports of torture and other ill-treatment of Belbouri are thoroughly and impartially investigated, and that any statement alleged to have been obtained as a result of torture or other ill-treatment is not admitted as evidence by the court,” Tayler added.
Lawyers representing the accused and the family of Professor Kerroumi have both said that the trial was marred by irregularities.
These include the court’s refusal to allow the defence to call and cross-examine witnesses, including the forensic expert who performed the autopsy on Ahmed Kerroumi’s body, and to challenge and test evidence put forward by the prosecution.
“Justice would not be served by sentencing – possibly to death – a man who has claimed his innocence all along when they are so many doubts about the seriousness of the investigation,” said Philip Luther, Middle East and North Africa Director at Amnesty International.
Contact:
Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, tel: 41 22 979 38 1, e-mail: said.benarbia(a)icj.org
Dec 6, 2013 | News
The ICJ mourns with the rest of the world the passing on of former President Nelson Mandela.
He was a beacon of hope, justice and peace in the world and will be sorely missed. His life will remain a source of inspiration for our work in pursuit of justice, peace, tolerance and respect for human rights in the world.
Dec 6, 2013 | News
On 6 December, the ICJ concluded a trial observation mission to Kazakhstan on the case of the disbarment of lawyer Polina Zhukova.
Lawyers Lyubov Agushevich and Polina Zhukova were disbarred following disciplinary proceedings initiated by the Ministry of Justice regarding their defence of a client in court proceedings.
The alleged misconduct, which lead to the disbarment of the lawyers, included inter alia a statement of innocence of their client, submitting motions to the court, submitting requests for recusals, one lawyer “putting a question which she knew the answer to”, reading a page out of the case file, and filing a motion for an examination of the witnesses who attended the hearing.
These actions were interpreted by the presiding judge in the criminal case in which the lawyers represented the defendant as violations of professional ethics, and were later used as grounds for the termination of their licenses to practice law.
ICJ observers, Justice Ketil Lund, an ICJ Commissioner and a former Justice of the Supreme Court of Norway, and Zulfikor Zamonov, a lawyer from Tajikistan, observed the Supreme Court appeal hearing in the case on 5 December.
The Supreme Court upheld the motion of lawyer Zhukova to resume proceedings in her case and reconsider the issue of the lawfulness of her disbarment.
“The ICJ welcomes the decision to review the case against the lawyer and will continue following the case,” said Temur Shakirov, Legal Adviser of the ICJ Europe Programme.
Read also:
Disbarment proceedings against lawyers in Kazakhstan
Disciplinary action against lawyers in CIS countries: analysis of international law and standards
Contact:
Róisín Pillay, Director, ICJ Europe Programme, roisin.pillay(a)icj.org
Temur Shakirov, LegalAdviser, ICJ Europe Programme, temur.shakirov(a)icj.org
