In pictures: the 17th World Congress of the ICJ opened today in Geneva, bringing together approximately 120 leading judges, lawyers and human rights defenders from five continent.
Photos by Sophie Jordi and Olivier van Bogaert
Today’s ruling on the CIA’s detention and rendition of Khaled El-Masri is a historic moment because for the first time it holds a European state accountable for its involvement in the secret US-led programmes.
It is also a milestone in the fight against impunity, Amnesty International and the International Commission of Jurists (ICJ) said.
The European Court of Human Rights held unanimously that the former Yugoslav Republic of Macedonia (Macedonia) was responsible for the German national Khaled El-Masri’s unlawful detention, enforced disappearance, torture and other ill-treatment, and for his transfer out of Macedonia to locations where he suffered further serious violations of his human rights.
Further, that Macedonia did not satisfy its obligation to carry out an effective investigation.
“This judgment confirms the role Macedonia played in the Central Intelligence Agency (CIA) rendition and secret detention programmes, and is an important step towards accountability for European complicity in rendition and torture,” said Julia Hall, Amnesty International’s expert on counter-terrorism and human rights.
“Macedonia is not alone. Many other European governments colluded with the USA to abduct, transfer, ‘disappear’ and torture people in the course of rendition operations. This judgment represents progress, but much more needs to be done to ensure accountability across Europe.”
“This ruling is historic. It recognises that the CIA rendition and secret detention system involved torture and enforced disappearances. It emphasises that both the victims and the public have the right to know the truth about these serious violations. It affirms without doubt that Europe cannot be an area of impunity but it must be a place of redress and accountability where international human rights law obligations are not bypassed but fulfilled,” said Wilder Tayler, Secretary General of the ICJ.
“Other European governments – such as Poland, Lithuania, and Romania, against which cases are also pending with the Court – should note today’s European Court judgment and take measures to ensure that the truth is told, thorough, effective, independent and impartial investigations are carried out and those responsible are held accountable.”
The Court’s ruling also serves to highlight the absence of accountability and remedy in the USA, noting that the claim filed against the CIA by Khaled El-Masri was dismissed by the US courts after the US administration invoked the “state secrets privilege”.
On 31 December 2003, the Macedonian authorities arrested El-Masri, who is of Lebanese descent, after he entered Macedonia from Serbia.
They held him incommunicado, subjecting him to enforced disappearance, repeated interrogations and to ill-treatment, until 23 January 2004 when they handed him over to Central Intelligence Agency (CIA) agents.
As part of the covert, US-led rendition and secret detention programme, the CIA transferred El-Masri to a secret detention facility in Afghanistan.
There he was held unlawfully in secret, not charged with any crime and his detention was not subject to judicial review. He did not have access to a lawyer. His whereabouts were not acknowledged and he was held incommunicado.
As a result he was subjected to enforced disappearance for over four months. While in Afghanistan, he was subjected to torture and other ill-treatment.
On 28 May 2004, El-Masri was put on a plane and flown to Albania where he was released.
Contact:
Róisín Pillay, Director, ICJ Europe Programme, t +41 22 979 38 30; e-mail: roisin.pillay(at)icj.org
For the ICJ/AI third party intervention, click here
Following recent attacks against the independence of the judiciary in several Central American countries, the ICJ issued today a strong position statement (in Spanish).
La CIJ ante los últimos acontecimientos que afectan seriamente la independencia de los differentes poderes judiciales en países de la región centroamericana, expresa:
La CIJ considera que todos estos hechos constituyen injerencias y ataques a la independencia del Poder Judicial; tratándose de magistrados de diferentes Cortes Supremas y de una Fiscal General, estos actos evidencian por sí mismos, la precariedad de la garantía de independencia judicial en dichos países. A esta situación, hay que agregar que varios de los países mencionados, carecen de sistemas de carrera judicial y de mecanismos de protección adecuados para garantizar a los funcionarios el ejercicio independiente de la función jurisdiccional; además, en ellos existen fenómenos de impunidad generalizados y de cuerpos ilegales, aparatos clandestinos de seguridad y crimen organizado.
Frente a estos hechos, la CIJ recomienda:
La CIJ continuará cumpliendo con su mandato de promover y garantizar la independencia de jueces, abogados y fiscales; en ese sentido, le dará seguimiento a estas situaciones y continuará observando y proponiendo soluciones a esta problemática.
Para mayor información :
Ramón Cadena Rámila, Director de la Comisión Internacional de Juristas para Centro América, t + 502 30441818
The ICJ 17th World Congress closed today with the adoption of a landmark Declaration on Access to Justice and Right to a Remedy in international human rights systems.
In his final speech at the closing of the Congress, Sir Nigel Rodley, the new ICJ President (photo above, on the right, with Pedro Nikken, outgoing ICJ President) said:
“The ICJ has always been the world’s leading organization of lawyers working for the Rule of Law and human rights. At the ripe young age of 60, it is at the height of its prestige and authority.”
“Led by one of the world’s most experienced international human rights lawyers, Wilder Tayler, of Uruguay, the ICJ is now on a firm footing with a strong secretariat in Geneva – the city of human rights – and an increasing number of offices in key countries and regions of the world.”
“So, the ICJ is well-placed to make an even more significant contribution meeting such challenges as the serious problem of assaults on the independence of judges, lawyers, and prosecutors.”
“There is no justice if people don’t have access to it. The ICJ Congress, with its vast range of eminent expertise, from the ICJ Commissioners, national sections representatives, and guests, adopted a landmark Declaration on Access to Justice and Right to a Remedy in international human rights systems.”
“The focus was how to make international regional human rights systems more able to respond to the needs of those who cannot secure justice at home. There was special urgency bearing in mind the attempts of governments to weaken the systems’ ability to call these same governments to account.”
Sir Nigel Rodley, ICJ President, talks about the Declaration:
To download the text of the full declaration click on the links below:
ICJ 17th World Congress-Declaration and opening speeches-2012 (full text in pdf)
ICJ 17th World Congress-Declaration-2012 (full text in pdf)
ICJ 17th World Congress-Declaration-2012-FR (full text in pdf)
Photo by David Rouge
The 17th World Congress of the ICJ opened today in Geneva, bringing together approximately 120 leading judges, lawyers and human rights defenders from five continents.
They will work on a final Declaration aiming to develop and strengthen international justice systems and mechanisms to remedy human rights violations.
The Congress, which marks the 60th anniversary of the founding of ICJ, aims to make a significant impact on international justice systems through the elaboration of principles and objectives, which will contribute to the advancement of the Rule of Law and human rights.
“Throughout its 60-year history, the ICJ has consistently sought to mobilize jurists in support of the Rule of Law and to advance human rights,” said Wilder Tayler, ICJ Secretary General. “Several ICJ declarations or resolutions made at our congresses are still frequently referenced and carry continued authority to this day. They have inspired inter-governmental bodies, including the United Nations, as well as bar associations, lawyers, academic centres and other human rights NGOs around the world.”
Congress ICJ2012-Press release-2012 (full text, pdf)
Congress ICJ2012-Press release-2012-fr (full text in pdf)
Below you can also watch the webcasts of some of the opening speeches: Pedro Nikken, Rémy Pagani and Theo Van Boven.
ICJ 17th World Congress-Opening speeches and final declaration-2012 (full text, pdf)
ICJ-Congress booklet 1952-2012 (full text, pdf)
Photo by David Rouge
Leading jurists gather at ICJ World Congress to work on international legal remedies to human rights violations.
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