Portrait: Okay Machisa, human rights defender from Zimbabwe
Okay Machisa is the National Director of Zimrights, one of Zimbabwe’s leading human rights organizations, supported by the ICJ. Listen to his video interview.
New global principles on the right to information launched
The Tshwane Principles on National Security and the Right to Information seek to protect the right to information and to ensure public access to information held by governments, without jeopardizing legitimate efforts to protect people from security threats.
The Arms Trade Treaty: a human rights treaty?
On Tuesday 11 June 2013, the ICJ convened a parallel event, organised with the Geneva Academy of International Humanitarian Law and Human Rights, during the Human Rights Council’s 23rd regular session held in Geneva.
The event, held in Room XXV of the Palais des Nations, discussed how human rights will be promoted by the Arms Trade Treaty (ATT), including ways to ensure compliance with the ATT and the relevance of the treaty for activities of the Human Rights Council and international human rights experts. The event was chaired by Alex Conte, Director of the ICJ’s International Law and Protection Programmes. Panelists were Simon Bagshaw, Senior Policy Adviser for the UN Office for the Coordination of Humanitarian Affairs; Professor Andrew Clapham, Director of the Geneva Academy of International Humanitarian Law and Human Rights; and Dr Stuart Casey-Maslen, Head of Research at the Geneva Academy of International Humanitarian Law and Human Rights.
Simon Bagshaw provided a background to the treaty from a humanitarian perspective, recognising that the ATT provides an opportunity to address some of the humanitarian impacts and costs of the arms trade. He also stressed the importance of specific elements within the treaty, such as the obligation to refrain from authorising the transfer of weapons where a substantial risk exists that this may result in serious violations of international human rights law or international humanitarian law.
Andrew Clapham and Stuart Casey-Maslen focussed on the human rights perspective. Professor Clapham promoted the use of mechanisms such as the Human Rights Council and its Universal Periodic Review to assist in implementation of the treaty. Dr Casey-Maslen discussed areas that may help ratification, implementation and monitoring of the ATT, including the role of civil society in that regard.
Several questions were raised during discussions concerning how the treaty would work in practice and its broader implications for non-State actors. Panellists confirmed that the ATT includes the facilitation of crimes as enumerated in the treaty and may also cover domestic crimes of terrorism. Since the ATT does not provide for the establishment of fact-finding missions, it was emphasised that civil society will need to act to monitor compliance with the ATT. Panellists also pointed out the important role of the treaty regarding the conduct of non-State actors. Although the treaty sets out obligations for States only, States parties will be responsible for providing licensing to arms manufacturers and private companies working within the weapons industry.
UN HRC-Arms Treaty side event flyer-event-2013 (event flyer in pdf)
Evaluating conditions for peaceful, transparent, free and fair elections in Zimbabwe
On Friday 7 June 2013, the ICJ convened a parallel event during the Human Rights Council’s 23rd regular session held in Geneva.
The event, held in Room IX of the Palais des Nations, addressed key issues concerning past and present challenges to the rule of law in Zimbabwe in the context of the upcoming elections and the need for the international community to remain vigilant about the necessity for free, fair and peaceful elections in the country. The event was chaired by Martin Okumu-Masiga, Deputy Director of the ICJ’s Africa Regional Programme. Panelists were MacDonald Lewanika, Director of Crisis Coalition; Okay Machisa, Director of the Zimbabwe Human Rights Association; and Irene Petras, Executive Director of Zimbabwe Lawyers for Human Rights.
Zimbabwe is scheduled to hold general elections before the end of 2013. Past elections in the country have been marred by violence and attacks on human rights defenders and the rule of law more generally. In the period leading to the 2013 elections, there have been several incidents of crackdown on political dissents and independent voices. The impunity enjoyed by past and current perpetrators electoral violence has continued to exacerbate fears for the integrity, peaceful conduct and fairness of the upcoming elections.
Zimbabwe-HR Council side event on elections in Zimbabwe-event-2013 (event flyer in pdf)
ICJ draws attention to risks of violence in the forthcoming general elections in Zimbabwe
Russia: lawyers threatened with death in Dagestan need urgent protection
The ICJ today expressed its grave concern at death threats received by lawyers Sapiyat Magomedova and Musa Suslanov.
The authors of the threats demanded that the lawyers cease their involvement in a case alleging the murder of five individuals.
The ICJ called on the authorities to take urgent protective measures to ensure the safety of lawyers who received these threats.
On 8 May, Sapiyat Magomedova and Musa Suslanov took on a case to represent relatives of a local parliamentarian, Magomed Gamzatov, his brothers Osman, Yusup and Gazidibir and their cousin Magomed Omarov. The men were killed by firearms in the city of Kizlyar, Dagestan, on 18 March.
According to relatives, the shootings resulted from a conflict of a personal nature. A criminal case was opened and several people arrested in relation to the killing.
However, the relatives of the victims have alleged that they have been subjected to continuous surveillance and pressure. Witnesses reportedly now fear to testify in the case.
From the start the lawyers began to be subject to intimidation, which included threats that their professional offices would be set on fire or blown up with the lawyers inside. Such threats were delivered through acquaintances of the lawyers.
On 19 and 20 may, after the two lawyers had announced a more proactive intervention in the case, including by inviting information from additional witnesses, the lawyers received text messages warning them that they should drop the case which was “their chance to stay alive”.
Another message demanded that they drop their involvement in the case and “not butt into something they should not do”.
The ICJ considers that there is an imminent risk to the lives and physical security of lawyers, especially taking into account the recent case of murder of a lawyer in Dagestan.
On 20 January 2012, a lawyer in Dagestan was shot to death with the alleged involvement of security forces. According to the information received by the ICJ, the case has still not been properly investigated and no one has been held accountable.
The ICJ recalls that under international law and standards, Russia has an obligation to protect the right to life of individuals where there is a real and immediate risk to the life of an individual from the criminal acts of a third party.
The UN Basic Principles on the Role of Lawyers provide that “where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities”.
Effective measures to protect the lawyers should include security measures as necessary, such as police monitoring and guards. This issuance of death threats constitutes criminal conduct.
The ICJ called on the Russian authorities to promptly and thoroughly investigate these threats and to bring the perpetrators to justice in fair trials.
Lawyer-deaththreats-Russia-eng (download the statement in English)
Lawyer-deaththreats-Russia-rus (download the statement in Russian)
Contact:
Róisín Pillay, Director, ICJ Europe Programme, t +41 22 979 38 30; e-mail: roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, ICJ Europe Programme, t +41 22 979 38 32: e-mail: temur.shakirov(a)icj.org
In pictures: judges from Central America met at ICJ conference
Judges from Central America met in Guatemala on 4-5 June at the International Conference on Impunity and Independence of the Judiciary.
The Conference was organized by the ICJ with the support of the Canton de Genève, Dan Churchaid and medico international.
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