In a briefing paper released today, the International Commission of Jurists (ICJ) calls attention to the numerous obstacles and restrictions that Venezuelan lawyers face in exercising their profession.
As Right Livelihood, Réseau International des Droits de L’homme (RIDH), Center for Civil and Political Rights (CCPR), International Commission of Jurists and WOLA have come together to condemn the re-appointment of María Consuelo Porras as Attorney General of Guatemala, the group has released a joint statement on the matter.
Today, the Colombian Commission of Jurists (CCJ) and the International Commission of Jurists (ICJ) call upon the Government to respect the judicial independence of the Constitutional Court and take appropriate measures to guarantee the safety, security, and integrity of Constitutional Court’s justices from threats against them.
The Mexican authorities should commit to a firm timeline for a consultative process with a view to ensuring effective review and modification of domestic legislation to guarantee that persons with disabilities have legal capacity to exercise their rights on an equal basis with others, the ICJ emphasized in a submission to the Committee on the Rights of Persons with Disabilities
Venezuela’s judiciary has become a tool for political control of the country by the Executive branch rather than a defender of the rule of law, said the ICJ in a report launched today.
The 55-page report Judges on the Tightrope documents the undermining of judicial independence in the country, due to the political control or influence on the judiciary, and because of the role the Supreme Court of Justice (SCJ) has played in undermining the independence of judges around the country.
“Justice is a human right and it is a fundamental right for the protection of other rights. Without the essential guarantees of the independence and impartiality of judges, we do not have justice. In Venezuela today, the right to justice is not guaranteed, to the extent that we do not have a system of independent and impartial judges,” said Carlos Ayala, ICJ’s vice president.
Venezuela’s Supreme Court of Justice, long controlled by the country’s Executive branch, has overseen a collapse of the rule of law in the country, with some 85 percent of judges holding provisional posts that subject them to political pressure, and courts receiving direct pressure to return verdicts in support of the government and against human right defenders and critics of the government.
“The political takeover of the SJC has placed judges on a tightrope in Venezuela, rendering them unable to defend the rule of law, to provide accountability for the many gross human rights violations in the country, or to protect the rights of the Venezuelan people”, said Sam Zarifi, ICJ’s Secretary General.
The ICJ recommended Venezuela to depoliticize the judiciary in general, and specifically the Supreme Court of Justice. In addition, the report sets a series of specific recommendations to achieve these goals, in particular by:
The ICJ called on Venezuelan authorities to comply with international human rights law and international standards related to judicial independence, as well as with the decisions and recommendations that different bodies in the United Nations and Inter-American Human Rights System have made, and allow access to the country for international human rights procedures and mechanisms that will contribute to accountability and the restoration of the rule of law.
The ICJ also urged the UN Human Rights Council to maintain a mechanism to address proper accountability for gross human rights violations until the Venezuelan prosecutors, courts and tribunals are capable of effectively investigating, prosecuting and judging with independence and impartiality those violations.
Contact
Carolina Villadiego Burbano, Latin American Legal and Policy Adviser, email: carolina.villadiego(a)icj.org
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Colombian authorities should immediately stop law enforcement officials from using excessive force to respond to protests and withdraw the military from law enforcement functions, said the ICJ today.
Over the course of ongoing protests, largely against economic and social conditions, multiple human rights and other civil society organizations have documented widespread human rights violations, including instances of torture and ill-treatment, sexual violence, extrajudicial killings, and enforced disappearances.
“The reports of violence and excessive and often unnecessary use of force by law enforcement officials are part of a wider failure of the authorities to adopt effective measures to protect and guarantee the right to life and the right to peaceful protest” said Carolina Villadiego, ICJ legal adviser for Latin America.
According to Indepaz, a local Non-Governmental Organization, as of 30 May 2021, at least 71 people had been killed, likely unlawfully, in the context of the protests. The situation is particularly dire in Cali where in just one day, 28 May 2021, 13 people were reportedly killed. In addition, it has been documented that firearms and lethal force have been deployed against protestors, including indigenous persons, by armed individuals in Cali. In at least one incident, multiple video recordings show police officials were present during the shootings and took no action to stop the shootings or apprehend the armed individuals.
Police and other law enforcement officials have the obligation to defend the rights of people, including their right to protest, and to protect them from violence by others. Colombian law enforcement officials have not only violated their obligation to avoid use of unnecessary or excessive use of force against people, but in Cali, they seem to have failed to prevent criminal violence by armed individuals as well.
“There must be a prompt, thorough and impartial investigation into these violations with a view to holding accountable those responsible”, said Carolina Villadiego.
The ICJ is also deeply concerned with militarization of the response to the protests. On 28 May 2021, President Duque issued Decree 575 of 2021 that authorizes the intervention of military forces in at least eight departments out of thirty two in the country, to assist in the lifting of any kind of roadblocks and to prevent the installation of new blockades by protesters. The Decree fails to consider any limitation of the use of force by military forces in line with international law standards such as the UN Basic Principles on the Use of Force by Law Enforcement.
Additionally, the sweeping and overbroad scope of the Decree to involve the military forces in what are inherently law enforcement functions does not consider that they are not trained or designed to protect civilians during protests or scenarios of public order disruption.
The ICJ urges the Colombian Government to fully respect the UN Basic Principles and other international standards on the use of force and the intervention of military forces to control protests and demonstrations. In this regard, the Government must fully comply with the September 2020 ruling on measures to guarantee peaceful protests issued by the Colombian Supreme Court.
In the ruling, the Supreme Court identified serious violations regarding the intervention of law enforcement officials, especially police officials, in protests and demonstrations. The Court identified systematic violence against demonstrators, the existence of stereotypes and prejudice against those who criticize the government’s policies, and a lack of mechanisms to hold the officials accountable.
Consequently, the Court ordered several measures to address this situation and guarantee the right to peaceful protest, including adopting and implementing a protocol to regulate the use of force during protests and manifestations, in accordance with international human rights standards.
The ICJ also calls on the Colombian Government to guarantee the right to peaceful protest. As the UN Human Right Committee has clearly affirmed, the right to peaceful protest may entail the disruption of vehicular or pedestrian movement, which “may be dispersed, as a rule, only if the disruption is “serious and sustained””.
While the vast majority of protestors have acted peacefully, there have been some instances where they have not. The ICJ calls on all persons to avoid violence during the protests and condemns the crimes committed against police officials, including the killing of at least two police officers, the serious injuries suffered by one police officer after being hit by a Molotov cocktail, and the sexual violence suffered by a police woman.
The ICJ deplores the particular use of some roadblocks that have affected the delivery of essential medical services, as well as the fires at the courthouse in Tuluá and other public buildings. Any individual engaging in criminal behaviour must be impartially investigated and, if found guilty in a fair trial, brought to account.
Finally, the ICJ also urges the National Government to fully cooperate with the mission of the Inter-American Commission on Human Rights (IACHR) to Colombia that will take place from 8 June to 10 June 2021. The Government should respect and ensure the IACHR’s independence and autonomy during the visit.
Contacts:
Carolina Villadiego Burbano, Latin American Legal and Policy Adviser, email: carolina.villadiego(a)icj.org
Rocío Quintero M, Latin American Legal Adviser, email: rocio.quintero(a)icj.org
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