May 30, 2016 | News
The ICJ commends the victims of the former Chadian president Hissene Habre for their relentless pursuit of justice that resulted in Habre’s conviction of crimes against humanity.
Today Hissene Habre (photo) was convicted for the murders, summary executions and torture of over 40,000 people, which were committed during his rule from 1982-1990 until he was deposed by the current president Idriss Deby Itno.
For over two decades victims and survivors groups have been campaigning with human rights organizations for an end to the lack of accountability and impunity that enabled Habre to spend years in exile before prosecution.
Speaking after the handing down of the judgement by the Extraordinary African Chambers, Wilder Tayler, ICJ’s Secretary General, reminded the African Union of the “need to enhance effectiveness of the African Court on Human and Peoples’ Rights to ensure that crimes against humanity can be addressed in a timely way that ensures the provision of remedies to victims of human rights violations.”
Further, Tayler urged other countries that have housed war criminals to reconsider their attitude towards international human rights and criminal law, and to ensure that international jurisdiction and prosecution requirements to end impunity are met.
In conclusion, the Secretary General, expressed his hope that “this event mark the beginning of the end of the African continent being perceived as an epicentre of impunity.”
Contact
Arnold Tsunga, ICJ Regional Director for Africa, t: +27 73 131 8411, e: arnold.tsunga(a)icj.org
Apr 2, 2016 | News
The ICJ and the Judicial Service Commission of Zimbabwe held the End of Term Symposium for the judiciary of Zimbabwe at the Troutbeck Inn in Nyanga, 31 March – 2 April 2016.
Chief Justice Chidyausiku in his opening remarks at the End of Term Symposium, stated that the Symposia are important because they give judges an opportunity to meet and engage with each other on various issues of interest or concern.
Additionally the purpose of the Symposium is to improve the quality of service in terms of judgments and the speedy outcome of cases.
In attendance at the Symposium were 72 delegates including judges from the Supreme Court, High Court and Labour Court, as well as representatives from the Law Society of Zimbabwe.
The programme included a joint session with all the courts in attendance, to discuss topics of judicial ethics and case management.
Mar 29, 2016 | News
The ICJ expresses its grave concern at the 28 March 2016 conviction and sentencing of 17 Angolan activists to terms of imprisonment ranging from two years to more than eight years, for the peaceful exercise of their human rights of freedom of association and freedom of expression.
Following an unfair trial, they were found guilty of “preparatory actions of rebellion and association of evildoers” [malfeitores], based on having read and discussed reading material on nonviolent means for resisting dictatorship or being associated with others who did so.
The ICJ joins numerous civil society organizations in condemning the failure by the authorities in Angola to conduct the trial in a manner consistent with its obligations under international human rights law.
“Judicial persecution of opponents of the government in Angola must be stopped forthwith” said Arnold Tsunga, ICJ’s Africa Director.
“A worrisome trend and pattern is emerging where the authorities in Angola are increasingly using the law and legal system as an instrument of repression targeting critics of the government as well as human rights defenders,” he added.
The ICJ calls on the Angolan authorities to invalidate the conviction and sentences, and to take concrete measures to strengthen the rule of law by ensuring the independence of the judiciary and legal profession as well as fully implementing international human rights standards in the national legal system.
Contact
Arnold Tsunga, ICJ’s Africa Director, t: +27731318411 or +263777283249 ; e: arnold.tsunga@icj.org
Background
Fifteen of the Accused were arrested in June 2015 and later joined by another two accused.
They were initially charged with rebellion and a conspiracy to mount a coup against the President for studying and discussing reading material on nonviolent means for resisting dictatorship.
The prosecution later dropped the second charge but added a charge of “criminal association” or “association with evildoers”.
The defense maintains that the state did not manage to prove anything beyond the fact that the accused discussed politics, which is allowed under the Angolan constitution.
No independent observers were allowed to attend the trial, raising serious concerns about the right to fair trial.
The African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, treaties to which Angola is a party, recognize freedom of expression and freedom of association as human rights, and prohibit governments from arbitrarily or otherwise illegitimately interfering with them.
Domingos da Cruz was sentenced to 8 years and six months; Luaty Beirão to 5 years and 6 months; Nuno Dala, Sedrick de Carvalho, Nito Alves, Inocêncio de Brito, Laurinda Gouveia, Fernando António Tomás “Nicola”, Afonso Matias “Mbanza Hamza”, Osvaldo Caholo, Arante Kivuvu, Albano Evaristo Bingo -Bingo, Nelson Dibango, Hitler Jessy Chivonde e José Gomes Hata were all sentenced to 4 years and 6 months); while Rosa Conde e Jeremias Benedito got 2 years and 3 months in jail.
Mar 1, 2016 | Events
The ICJ is co-sponsoring a panel discussion on the situation for human rights in Burundi, as a side-event to the UN Human Rights Council, 4 March 2016.Details are available in the flyer available to download here: HRC31-sideeventflyer-burundi-2016
Feb 5, 2016 | News
The ICJ is monitoring the ongoing trial under court martial of the 23 members of the Lesotho Defence Forces in the case The King vs Brigadier Mareka and 22 Others.
The Court Martial was convened through a government order issued and signed by the Minister of Defence and National Security Hon Tseliso Mokhosi on 13 August 2015.
Under the convening order, Brigadier Mareka and 22 others were generally accused of charges related to planning and or involvement in mutiny and violence.
The convening order also identified the names of the members of the court martial as well as the prosecuting authority at such court martial.
The court martial raises issues around observance of human rights, the rule of law and good governance in Lesotho.
Its significance is reflected in the fact that the Southern African Development Community (SADC), an inter-governmental organization, is also seized with the matter as part of its mandate under the SADC Organ on Politics, Defence and Security Cooperation, and directed the convening of a SADC supported Commission of Inquiry into the issues related to the court martial.
The subsequently-established Commission of Inquiry has completed its work and filed its report with the SADC Organ on Politics, Defence and Security Cooperation and the Prime Minister of Lesotho.
The report is yet to be made public and is planned to be released on the 8th February 2016.
The ICJ will particularly monitor the consistency of the Court Martial trial with international fair trial standards, both in terms of the conduct of proceedings, and the independence and impartiality of the tribunal including in light of the manner of selection of the Court Martial members, in which a number of junior soldiers were promoted in rank in order to justify their presiding in a disciplinary case over their superiors.
In particular the promotion of the President of the Court Martial Major General Letsoela seems to have been done to facilitate that he as a junior officer sits to determine a case involving Brigadier Mareka and another brigadier who ordinarily are his superiors in terms of rank.
The ICJ will also monitor whether the Court Martial and investigative authorities act in accordance with international standards in responding to the credible allegations of human rights violations committed against Brigadier Mareka and 22 others.
The allegations include prolonged incommunicado detention, torture, inhuman and other degrading treatment while in custody, being inhibited from fully consulting with and briefing their legal representatives, and defiance of High Court orders by the Lesotho Defence Forces including that the soldiers should be detained in open prison and not a military detention facility and should not be kept in leg irons.
Contact
Arnold Tsunga, ICJ’s Africa Director, t: +277 16405926 ; e: arnold.tsunga(a)icj.org
LESOTHO-Brig Mareka and 22 Others-News-Web story-2016-ENG (full story in PDF)
Jan 20, 2016 | News
The ICJ supported the convening of a three-day meeting of the Faculty of Law of the University of Zimbabwe. The meeting reviewed the content of the courses offered at the University with the view of aligning the subject matter to the new constitution.
The Dean of Law Mr Magade noted in his introduction that “this Curriculum Review gives us a fabulous opportunity to take a long and hard look at ourselves and self introspect and come up with suggestions on how to improve our curriculum. At the end of the day we need to produce a product or graduate that is fit for purpose.”
The meeting took place at the Troutbeck Inn in Nyanga from 18 to 20 January 2016 and congregated 30 academic staff members from the University including a curriculum expert, Dr Nziramasanga, from the Faculty of Education. Dr Mosito and Dr Dingake from the Lesotho and Botswana respectively also contributed to the review process.
