Aug 13, 2013 | News
The ICJ today called on the Nepalese Government to release the body of Tibetan Monk Karma Nyidon Gyasto to the Tibetan community to carry out his last rites in accordance with Nepal’s laws and international obligations.
“We are deeply concerned about this rejection of Nepal’s laws and its international obligations,” said Asia Director Sam Zarifi.
On 5 August 2013, a Tibetan refugee, Karma Nyidon Gyasto self-immolated at the Boudha Stupa, in Kathmandu. He was taken to Tribhuvan University Teaching Hospital, where he was later declared dead. His body is apparently being held in the hospital’s mortuary.
On 12 August 2013, the Tibetan Refugee Welfare Office, registered an application to the Office of the Chief District Officer in Kathmandu to perform funeral rites. The Tibetan Refugee Welfare Office is acting on behalf of Gyatso given the lack of clear legal status of the resident Tibetan refugee community.
This is the second protest by self-immolation in Nepal. The first was in February 2013. In that case the government refused to hand over the body for funeral rites.
The refusal to hand over the body contravenes Nepal’s national laws.
The Interim Constitution, under Article 23 guarantees the right to religion, including the right to practice and perform religious rites.
Furthermore Article 17 provides that every community in Nepal has the right to preserve and promote its culture.
The action also contravenes Nepal’s international obligations.
Article 18 of the International Covenant on Civil and Political Rights (ICCPR) provides for the right to a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
Furthermore, General Comment No 22 on Article 18 of the ICCPR states that this right includes ritual and ceremonial acts.
Under the Covenant, the Government of Nepal is obliged to respect and ensure the religious and cultural rights of the Tibetan refugee community, who have a legitimate right to receive the body and hold a funeral according to their religion and culture.
CONTACT:
Sam Zarifi, ICJ Asia-Pacific Director, (Bangkok), t: +66 807819002; email: sam.zarifi(a)icj.org
Aug 12, 2013 | News
The ICJ is calling for the immediate release of Adilur Rahman Khan, a prominent Supreme Court lawyer and human rights defender in Bangladesh.
Mr Khan is the Secretary of Odhikar, a Bangladeshi human rights organization that has documented human rights violations allegedly carried out by Bangladeshi security forces.
Plainclothes police officers arrested Mr Khan from his home on 10 August 2013 without an arrest warrant.
“Adilur Rahman Khan is being charged for the lawful exercise of the right to freedom of expression, so Bangladeshi authorities must immediately and unconditionally drop all charges against him and release him,” said Ben Schonveld, ICJ’s South Asia director. “Until the charges are dropped, he must be released on bail.”
Adilur Rahman Khan was charged on 11 August under section 57 of the Information and Communication Technology Act, 2006, for distorting information regarding a police operation on a Hefazat-e Islam rally in May this year.
Odhikar reported that 61 people had been killed in the police crackdown on the rally. The government denied any casualties.
He was not allowed to speak with his family or his lawyers until August 11, when a Magistrate’s Court refused bail and remanded him for a further five days of custodial interrogation.
On August 12, the High Court Division of the Supreme Court stayed the remand order, directing that Mr. Khan be sent back to jail, where he could be interrogated ‘at the gate of the prison.’
“Adilur Rahman Khan’s arrest is illustrative of a deeply worrying government strategy to muzzle and discredit the work of human rights defenders and distract attention from human rights violations,” added Schonveld. “The High Court’s stay of the remand order is a positive development. However, the Bangladesh government must uphold its obligations under domestic and international law to guarantee freedom of expression and allow human rights defenders to carry out their work.”
Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Bangladesh is a party, guarantees ‘freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.’
The UN Basic Principles on the Role of Lawyers provide that lawyers must be allowed to carry out their work ‘without intimidation, hindrance, harassment or improper interference.’
Further, lawyers shall, in particular, have the right to take part in public discussions of matters concerning the law, administration of justice and the promotion and protection of human rights.
In addition, the UN Declaration on Human Rights Defenders clarifies that States must create an enabling environment for human rights defenders and take all necessary measures to protect human rights defenders ‘against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of his or her rights.’
CONTACT:
Ben Schonveld, ICJ South Asia Director (Kathmandu), t: +977 14432651; email: ben.schonveld(a)icj.org
Sam Zarifi, ICJ Asia-Pacific Director, (Bangkok), t: +66 807819002; email: sam.zarifi(a)icj.org
Aug 5, 2013 | News
La CIJ condena acciones de intimidación en contra del Relator de las Naciones Unidas sobre Libertad de Expresión y del Instituto Centroamericano de Estudios para la Democracia Social (DEMOS).
Jul 29, 2013 | News
The ICJ is delighted to announce that three new Commissioners were elected in July: Ms Hina Jilani (Pakistan), Dr Jarna Petman (Finland) and Professor Olivier de Schutter (Belgium).
The new members of the ICJ Commission, who now begin five-year terms, are:
Ms Hina Jilani (Pakistan) is a human rights activist and an advocate of the Supreme Court of Pakistan. With her sister (and ICJ Honorary Member) Asma Jahangir, in 1980 she co-founded Pakistan’s first all-female legal aid practice, AGHS Legal Aid Cell (ALAC) in Lahore.
Dr Jarna Petman (Finland) is a Senior Lecturer (professor ad interim) in International Law at the University of Helsinki, and is Deputy Director of the University’s Erik Castrén Institute of International Law and Human Rights. She is a Member of the European Committee of Social Rights of the Council of Europe, having been appointed to this position in 2009 for a five-year term.
Professor Olivier de Schutter (Belgium) is a legal academic and human rights expert. He was appointed UN Special Rapporteur on the Right to Food by the Human Rights Council in May 2008 and continues to serve in this position. Professor de Schutter teaches international human rights law, European Union law and legal theory at the Université Catholique de Louvain in Belgium, as well as at the College of Europe.
In the second of three ballots taking place in 2013, July also saw the re-election of Justice Michèle Rivet as Vice-President and the re-appointment of Ms Imrana Jalal and Ms Karinna Moskalanko to the Executive Committee.
Biographies for all our Commissioners can be found here
Jul 29, 2013 | News
The ICJ today called on the Egyptian authorities to put an end to its use of unlawful and lethal force as it pursues an excessive and violent crackdown on protesters.
The ICJ also called on the authorities to promptly, impartially and fully investigate the allegedly unlawful killings of more than 80 people who were reportedly fired on by security forces in a rally in Cairo in support of ousted President Mohamed Morsi on 27 July.
Large-scale rallies were held when the head of the armed forces, General Abdel Fattah El Sisi, called on citizens to grant the military a mandate to fight “terrorism and violence”.
The ICJ is also concerned at reports indicating that the government may be poised to grant arrest powers to the Egyptian Armed Forces.
“The Egyptian authorities must promptly, fully, and impartially investigate the actions of the security of forces, involving alleged unlawful killings and ill-treatment of protesters with a view to holding accountable those responsible,” said Wilder Tayler, ICJ Secretary General. “The authorities must also ensure that, in accordance with international law and standards, security officers exercise force only in a proportionate manner and may use lethal force only when strictly unavoidable to protect lives.”
Since the unlawful seizure of power by the Army and the ouster of President Morsi, more than 130 persons said to be supporters of the former President have reportedly been killed as a result of the unlawful and disproportionate use of force by security forces, including firing with live ammunition.
The ICJ is concerned that the ongoing attacks on protesters, and the impunity that continues to prevail over them, will further contribute to the deterioration of the rule of law and the human rights situation in Egypt.
To prevent such deterioration, the Egyptian Army must carry out its security functions so as to protect the enjoyment and legitimate exercise of human rights by all. It must also ensure a quick and steady transition of power to a legally constituted civilian authority.
Contact:
Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, tel: 41 22 979 38 17, e-mail: said.benarbia(a)icj.org
Photo by Samaa TV
Jul 27, 2013 | News
La CIJ condenó el asesinato de la jueza del Tribunal de Sentencia de la ciudad de El Progreso y Pro-Secretaria de la Junta de la Directiva Nacional de la Asociación de Jueces por la Democracia de Honduras.
La Jueza Mireya Mendoza fue ultimada por los disparos hechos desde una motocicleta mientras conducía su vehículo en la mañana del 23 de Julio en la ciudad de El Progreso, Departamento del Yoro, Honduras.
Ramón Cadena, Director de la CIJ para Centroamérica señaló: “Condenamos en los más enérgicos términos el asesinato de la Jueza Mendoza Peña”. Más de 50 abogados y abogadas han sido asesinados en Honduras en los últimos tres años
“Ataques de este tipo contra jueces y abogados no solamente constituyen graves crímenes sino que socavan seriamente el Estado de Derecho y la administración de la justicia en Honduras. La CIJ solicita al Gobierno de Honduras que disponga una investigación pronta, efectiva e imparcial sobre este nuevo crimen y que tome las medidas de protección necesarias para abordar la ola de intimidación y hostigamiento que sufren los profesionales del Derecho en ese país”, añadió Cadena.
La CIJ también expresó su solidaridad con la Asociación de Jueces por la Democracia en Honduras (AJD), que ahora se viste de luto por tan infame asesinato. La AJD es una organización profesional fundada en 2006, conformada por jueces y juezas comprometidos con la defensa y promoción de la independencia judicial como un presupuesto esencial para el fortalecimiento del Estado de Derecho, asumiendo la defensa de los derechos profesionales e intereses gremiales de jueces y juezas en Honduras.
