Sep 7, 2012 | News
The ICJ calls upon the Bahraini authorities to immediately and unconditionally release 13 human rights defenders and political activists convicted by the Criminal Court of Appeal in Bahrain.
On 4 September 2012, they were convicted on charges relating to “conspiracy to overthrow the government”, “espionage” and “violation of the Constitution”. The sentences against the defendants ranged from 5 years to life imprisonment.
The ruling of the Criminal Court of Appeal upheld the convictions and sentences of the detainees handed down last year by the National Safety Court and the National Safety Court of Appeal, two exceptional military courts established under the royal decree of 15 March 2011, which declared the “state of emergency”. On 30 April 2012, the Bahraini Cassation Court ordered their retrial before a civilian court.
“The retrial by the Criminal Court of Appeal failed to remedy the failures of the original trials and to meet international standards of fair trial, including the right to be presumed innocent and to equality of arms. The Prosecution failed to provide any credible evidence against these detainees and their right to defence has been severely undermined at all stages of the proceedings,” said Said Benarbia, Senior Legal Adviser of the ICJ Middle East and North Africa Programme. “The retrial relied heavily on the findings of the first two trials, including “confessions” that the defendants claimed were obtained through torture and other ill-treatment.”
The Bahraini authorities should ensure that these allegations of torture and ill-treatment are promptly, independently and effectively investigated.
The Bahraini authorities should also ensure that the rights of human rights defenders and political activists to freedom of expression, association, and assembly are fully respected.
“Instead of subjecting these defenders and activists to various forms of harassment, intimidation and unfair trials, the Bahraini authorities should initiate comprehensive, meaningful and lasting constitutional and legal reforms that establish the rule of law and that fully protect the rights of Bahrainis to take part in the conduct of public affairs and to choose the form of their government,” Benarbia added.
For more information:
Saïd Benarbia, Middle East & North Africa Senior Legal Adviser, ICJ, t +41 22 979 3817; e-mail: said.benarbia(at)icj.org
Sep 7, 2012 | News
Comunicado de prensa sobre la estrategia de desprestigio que sufren jueces y fiscales que luchan contra la impunidad.
Los días 3 al 6 de septiembre de 2012, la CIJ llevó a cabo entrevistascon el Pleno de la Corte Suprema de Justicia, la Fiscal General, abogados litigantes, fiscales, jueces, con la Asociación de Jueces y Magistrados del Organismo Judicial (AJMOJ), Colegio de Abogados y con diferentes organizaciones de la Sociedad Civil, con el objeto de recabar información acerca de la estrategia de desprestigio que sufren jueces y fiscales que luchan contra la impunidad en Guatemala y de las actuaciones judiciales que se están llevando a cabo para investigar y castigar los crímenes cometidos durante el conflicto armador o.
Guatemala-pronunciamento CIJ-press release-2012-spa (full text in pdf)
Sep 3, 2012 | E-bulletin on counter-terrorism & human rights, News
Read the 65th 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...
Sep 3, 2012 | News
A high level ICJ mission in South Sudan will analyze the situation and assess avenues for progress as regards – broadly – the state of the independence of the judiciary and legal profession in the country.
The ICJ’s Centre for the Independence of Judges and Lawyers (CIJL) is undertaking this mission to Juba, South Sudan, on 3 and 4 September 2012.
In light of the fact that South Sudan is in transition, having achieved independence just over one year ago and recovering from decades of civil war, particular attention will be paid to the differences (and sometimes dichotomy) between the de lege and de facto situation.
Various high-level meetings
The mission members will meet with a broad group of stakeholders in Juba, soliciting information and views from the South Sudanese judiciary, prosecutorial services and legal profession.
Further meetings with high-ranking members of the executive, parliament and civil society will complete the picture.
National consultation
The high-level mission will be followed by a national consultation conference on 5 and 6 September, organized in partnership with the South Sudan Law Society and bringing together key South Sudanese actors in the administration of justice.
Together with the high-level mission members, representatives from the upper hierarchy of the judicial, executive and legislative branches, legal professionals and civil society leaders will discuss judicial and legal professional independence and accountability in the country, exploring both concepts as well as the interplay between them in depth.
The high-level mission will produce a comprehensive analytical report on the current legal and factual state of the independence of the judiciary and the legal profession in South Sudan, making concrete legal-technical and policy recommendations, with the purpose of fostering compliance with international standards on the administration of justice.
The report will be presented to the relevant authorities in South Sudan, before its publication by ICJ.
The high-level mission will be headed by ICJ Commissioner Justice Moses Chinhengo. The other members are: Judges David Wangutusi and Thomas Masuku, two regional experts; Arnold Tsunga, Director ICJ’s Africa Programme; George Kegoro, Executive Director of ICJ-Kenya; and Ilaria Vena, CIJL Associate Legal Advisor.
Photo: ©Gurtong
Aug 30, 2012 | News
The ICJ notes with concern reports of the alleged abduction of two war veterans, António Alves Kamulingue and Isaias Sebastião Cassule, in Luanda, on 27 and 29 May 2012 respectively.
Aug 27, 2012 | News
The ICJ today expressed its concern at the dismissal of Judge Miroslava Todorova, a judge of the Sofia City Court, and Chairperson of the Bulgarian Judges Association.