Nov 5, 2013 | News
The ICJ condemns Bangladesh’s imposition of the death penalty in contravention of the global trend towards abolition of capital punishment.
It signifies a weakening of the rule of law and respect for human rights standards in the country.
On 5 November 2013, a special court sentenced 152 persons to death, most of them former officers of the Bangladesh Rifles (BDR), for participating in the 2009 mutiny in which 74 people were killed.
Two days earlier, the International Crimes Tribunal (ICT) had convicted Chowdhury Mueen Uddin and Ashrafuzzaman Khan in absentia for abduction and murder during Bangladesh’s liberation war in 1971 and sentenced them to death.
The ICT, set up by the Government of Bangladesh in 2010 to prosecute persons accused of committing genocide, crimes against humanity, war crimes and other serious crimes during the 1971 war, has so far convicted nine accused. Seven have been given death sentences.
“The numbers of death sentences issued by special courts in Bangladesh is alarming,” said Ben Schonveld, ICJ’s South Asia Director. “There seems little interest in seeking justice; this looks more like revenge.”
“Those responsible for committing atrocities during the Bangladeshi war of liberation and the 2009 mutiny must be prosecuted and brought to justice,” he added. “But the death penalty is a perversion of justice, even more so when imposed after trials that violate due process.”
The ICJ considers the death penalty to constitute a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading punishment. The United Nations General Assembly has repeatedly called on all States to establish a moratorium on the death penalty with a view to abolition.
Under international law and standards, including the International Covenant on Civil and Political Rights, Bangladesh is required to scrupulously and strictly to observe all relevant fair trial guarantees.
This includes the right to effective legal assistance at all stages of the proceedings including the appeal.
The International Crimes Tribunal as well the Special Court set up by Bangladesh to try those accused of committing atrocities in the 2009 mutiny do not meet international standards and Bangladesh’s legal obligations concerning the right to a fair trial.
The 846 suspects tried by the special court in Dhaka for the 2009 mutiny had limited access to lawyers; did not have sufficient knowledge of the charges and evidence against them; and at least 47 suspects died while in custody, allegedly after being subjected to torture.
There are also serious procedural flaws at all stages in the ICT.
Pre-trial release has been routinely and arbitrarily denied; witnesses have been abducted and intimidated; and there have been credible allegations of collusion between the Government, prosecutors and judges.
The ICJ calls on Bangladesh to join the great majority of States around the world in rejecting the death penalty.
To that end, Bangladesh should impose a moratorium on the practice and take steps towards its abolition, as prescribed by repeated United Nations General Assembly Resolutions.
In addition, Bangladeshi authorities must order a retrial of all persons accused of participating in the 2009 mutiny and ensure that their fresh trials meet international law standards on fair trial.
Bangladesh-Death penalty statement-news-web story-2013 (full text in pdf)
Nov 5, 2013 | News
The ICJ welcomes the release on 1 November of lawyer Zinaida Mukhotorova, from a psychiatric facility in Astana, Kazakhstan.
The lawyer was forcibly detained in the psychiatric facility, the “Medical Centre of the Problems of Psychiatric Health”, for almost three months.
Despite her release, the results of the psychiatric examination were said to be pending.
“While this release is welcome, the ICJ remains concerned that Zinaida Mukhotorova’s detention represented a reprisal for her legitimate exercise of her professional duties as a lawyer, in violation of her right to liberty as well as the UN Basic Principles on the Role of Lawyers,” said Róisín Pillay, Director of the ICJ Europe Regional Programme. “It must now be ensured that Zinaida Mukhotorova can challenge the legality of her detention through fair procedures, and receive appropriate measures of reparation for any violation of her human rights” she added.
Zinaida Mukhtorova was placed in the psychiatric facility on 9 August after she was forcibly taken from her house by several police officers and medical personnel.
Among the reasons given for her detention were her “possibly querulous” and “litigious” activity.
The ICJ previously raised concern that her psychiatric detention was being justified on grounds consisting in the exercise of her legitimate professional functions as a lawyer.
The ICJ continues to monitor the case, including ongoing legal challenges in the Kazakhstan courts to the lawfulness of Zinaida Mukhtorova’s detention in psychiatric facilities on this and another previous occasion.
In this regard, the ICJ calls on the government to ensure fairness of the proceedings challenging her detention.
Contact:
Róisín Pillay, Director, ICJ Europe Programme, roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, ICJ Europe Programme, temur.shakirov(a)icj.org
Kazakhstan-Mukhtorova statement-news-webstory-2013-Rus (full text in pdf)
Nov 4, 2013 | E-bulletin on counter-terrorism & human rights, News
Read the 77th issue of ICJ’s monthly newsletter on proposed and actual changes in counter-terrorism laws, policies and practices and their impact on human rights at the national, regional and international levels. The E-Bulletin on Counter-Terrorism and Human...
Nov 1, 2013 | News
Jueces europeos y centroamericanos expresaron en Tegucigalpa su preocupación por la falta de independencia del sistema judicial en países como Honduras, Guatemala y El Salvador.
Instaron a los Estados a tomar medidas para garantizar la autonomía de esa rama del poder público.
El 31 de octubre y 1 de noviembre se llevó a cabo en la ciudad de Tegucigalpa (Honduras) el foro denominado “Encuentro de Juristas Europeos y Centroamericanos: experiencias sobre la defensa de la independencia judicial”.
Durante el mismo, se tuvo la oportunidad de intercambiar experiencias en torno a las amenazas que hoy día persisten en contra de la independencia judicial y las medidas que los estados de Centroamérica deben tomar para fortalecer los diferentes sistemas de justicia en la región.
El foro reconoce el papel fundamental que tienen todos los jueces y juezas en la construcción y consolidación de la Democracia y el Estado de Derecho en Centroamérica; las y los participantes expresan su preocupación porque aún existen serias amenazas a la independencia judicial, entendiéndose dicha independencia como una garantía para los ciudadanos y ciudadanas.
En tal sentido, los estados centroamericanos deben respetar plenamente la independencia del Poder Judicial.
Honduras-Foro Jueces Independencia en CA-news-web story-2013-spa (full text in pdf)
Oct 29, 2013 | News
The ICJ welcomes the report of the UN Special Rapporteur on the independence of judges and lawyers presented to the UN General Assembly today.
The report calls for the adoption by the Human Rights Council of the draft principles governing the administration of justice through military tribunals, known as the ‘Decaux Principles’.
“This is a major step forward towards the establishment of universally applicable minimum standards to regulate the use and operation of military courts and tribunals”, said Alex Conte, Director of the ICJ’s International Law and Protection Programmes.
“The investigation and prosecution of alleged offences involving serious human rights violations is in many countries undertaken by military courts for the purpose of avoiding the accountability of perpetrators of such acts. It is therefore significant that the UN Special Rapporteur has reaffirmed that the jurisdiction of ordinary courts should prevail in such cases,” he added.
“It is also important that the Special Rapporteur has reiterated the recommendation of many human rights experts that the trial of civilians in military courts should in principle not occur and should be limited to strictly exceptional cases,” Conte further said.
The ICJ closely followed and contributed to the development of the Decaux Principles and has repeatedly called for their adoption and implementation by all States.
These principles were elaborated in 2006 in consultation with human rights experts, jurists and military personnel from throughout the world, and include specific provisions relating to the establishment and functioning of military tribunals.
They are based on the principle that military justice should be an integral part of the normal judicial system and should operate in a way that guarantees full compliance with human rights, including the need to ensure accountability for perpetrators of human rights violations.
Contact:
Alex Conte, ICJ International Law and Protection Programmes Director (Geneva), t: +41 79 957 2733; email: alex.conte(a)icj.org
Oct 27, 2013 | News
The international NGO coalition for the OP to the ICESCR supports national initiatives to promote ratification in Africa.
The International Coalition for the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights ended today a one-week support mission to promote the ratification of the Protocol in West Africa.
Although the group of African States played a fundamental role in the elaboration of the Protocol, none of them have yet ratified this instrument that will give the possibility to victims of violations of ESCR to have their case examined by the UN Committee in charge.
On 21 and 22 October in Cotonou, Benin, two members of the International Coalition, Amnesty International and the International Commission of Jurists, supported national actors, including the Coalition béninoise pour les DESC, Amnesty International-Benin, the Chaire UNESCO-Benin, in the organization of a high-level roundtable discussion to welcome the signature by the State of Benin of the Optional Protocol to the ICESCR on 24 September 2013 and to encourage the State to move quickly towards the ratification of the instrument.
The initiative benefitted from the participation of two Ministers, the Minister of Justice and Human Rights and the Minister in charge of the relations with the institutions, as well as from the support of additional partners including the Office of the High Commissioner for Human Rights.
From 24 to 26 October, and with the support of the International Coalition, a group of national civil society organized in Sokodé (about 400 km from Togo’s capital Lome) a national gathering to discuss the international standards on ESCR, the promotion and protection mechanisms for these rights, including the procedures under the Protocol.
Fifty-two participants from more than 30 civil society organizations from all parts of the country took part in this event.
Following the discussions, the organizers – the Plateforme DESC-Togo, GRADSE, RAPDA-Togo, FETAPH, WILDAF-Togo, FLORAISON et AMNESTY INTERNATIONAL-Togo, in collaboration with the International Commission of Jurists, the OHCHR, Amnesty International and Terre des Hommes France – established an action plan for the promotion and protection of ESCR in the country, including the monitoring of key recommendations of the CESCR and the ratification of the Optional Protocol.
