Mar 12, 2013 | News
The ICJ today condemned the blatant disregard by the UAE of the right to a fair and public trial, after its international observers were prohibited from attending the first two hearings of criminal proceedings against 94 individuals.
The detainees include judges, lawyers and human rights defenders. The hearings took place before the State Security Chamber of the United Arab Emirates (UAE) Federal Supreme Court.
The ICJ observers were turned away on 4 and 11 March 2013 by police officers before they reached the court.
“The ICJ deplores the decision of the UAE authorities to conduct the trial of the 94 detainees behind closed doors and to deny access to all international observers for both the opening and second hearing of this trial”, said Ketil Lund, ICJ Commissioner, former Supreme Court Judge of Norway and one of the two ICJ observers who was denied access to the court.
“This denial, combined with consistent and credible reports that detainees have been subjected to torture and other ill-treatment, including prolonged solitary confinement, and denied full access to defence counsel, both during questioning and in preparation for the trial, are inconsistent with fair trial standards and cast serious doubts about the fairness and the outcome of the process.”
Under international law and standards and UAE law, all criminal trials must be open to the public, subject to narrow exceptions not apparently applicable in this trial.
The denial of access to international observers itself constitutes a serious violation of the right to a fair trial.
The ICJ calls on the UAE authorities to fully investigate reports of torture and ill-treatment of the detainees and ensure that information obtained through such practices are not used as evidence in the criminal proceedings.
The UAE authorities must also ensure that as long as the accused remain in detention, their right to have full and unrestricted access to lawyers, including the right to consult in private, medical personnel and family members are fully guaranteed.
The ICJ notes that the accused are charged with “establishing, founding and administering an organization, Da’wat Al Islah, with the aim of challenging the basic principles upon which the government of the State is based, taking control of the government and establishing a secret structure for the organization” (Decision of referral No.79 of 2012 (State Security) of 27 January 2013).
“These ill-defined charges, which fail to meet international law requirements of legal certainty, criminalise the enjoyment and exercise of the rights of all UAE citizens to freedom of expression and association, and to fully take part in the conduct of public affairs. The UAE authorities must therefore drop these charges and put an immediate end to this unfair judicial process,” Lund added.
Contact:
Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, tel: 41 22 979 38 17, e-mail: said.benarbia(at)icj.org
UAE-right to a fair trial-press release-2013-Arabic (full text, pdf)
Mar 12, 2013 | News
The ICJ is undertaking today a five-day mission to Uruguay to gather information concerning recent developments affecting the independence of the judiciary in the country.
The mission members will meet with a broad group of stakeholders in Uruguay.
The mission will also look at the impact that these developments have on the exercise of the right of victims to effective remedies for human rights violations.
The two-member mission will consist of ICJ Commissioner Belisário dos Santos Junior (picture) and Alejandro E. Salinas Rivera, member of the Advisory Committee of the ICJ Centre for the Independence of Judges and Lawyers.
Uruguay-CIJL mission-Nota de prensa-2013-Spa (full text, pdf)
Mar 8, 2013 | Events
As a member of the International NGO Coalition for the OP to the ICESCR, the ICJ is co-convening a high-level event on the protection of economic, social and cultural rights March 13 at the Palais des Nations in Geneva.
This event is organized together with the Group of Friends of the Optional Protocol to the ICESCR, including Argentina, Belgium, Bolivia, Bosnia & Herzegovina, Ecuador, El Salvador, Finland, France, Senegal, Spain, Slovakia, Portugal and Uruguay; and the Office of the United Nations High Commissioner for Human Rights.
It will highlight the importance of OP-ICESCR to the full realization of human rights and the need to achieve widespread ratification of the OP-ICESCR to ensure access to justice for all.
Speakers will include the Deputy High Commissioner for Human Rights, the UN Special Rapporteur on the Right to Water and Sanitation, as well as the Permanent Representatives of Argentina, France, Portugal, Slovakia and Uruguay.
Parallel Event – OP-ICESCR-event-2013 (download the flyer, pdf)
Mar 5, 2013 | E-bulletin on counter-terrorism & human rights, News
Read the 70th 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...
Mar 4, 2013 | News
The ICJ is pleased to announce the election of ten eminent jurists to the ICJ Commission.
Throughout its sixty-year history, the ICJ’s credibility has stemmed from its unique group of eminent jurists and legal experts: the ICJ Commission. ICJ Commissioners provide expert support and strategic direction to the ICJ Secretariat’s regional and thematic programmes.
The following Commissioners have been elected for five-year terms:
Commissioners Elected for First Terms
Prof. Andrew Clapham (UK)
Justice Radmila Dicic (Serbia)
Mr. Shawan Jabarin (Palestine)
Justice Qinisile Mabuza (Swaziland)
Justice Tamara Morschakova (Russian Federation) – from 1st May 2013
Justice Egbert Myjer (Netherlands)
Prof. Victor Rodriguez Rescia (Costa Rica)
Prof. Marco Sassoli (Italy/Switzerland)
Justice Stefan Trechsel (Switzerland)
Prof. Rodrigo Uprimny Yepes (Colombia)
Commissioners Elected for Second Terms
Mr. Roberto Garreton (Chile)
Prof. Robert Goldman (USA)
Commissioners Elected for Third Terms
Justice Ian Binnie (Canada)
Justice Elizabeth Evatt (Australia)
Ms. Karinna Moskalenko (Russian Federation)
Prof. Sir Nigel Rodley (UK)
Mr. Raji Sourani (Palestine)
For further details, including biographies for each of the ICJ’s Commissioners and Honorary Members, please click here .
Mar 4, 2013 | News
The ICJ expressed its concern over the criminal trial of 94 individuals, including judges, lawyers, academics, human rights defenders and civil society activists, in the State Security Chamber of the UAE Federal Supreme Court.
Following a wave of arbitrary arrests and detention, which began in March 2012, the case was referred to the Supreme Court on 27 January 2013.
“The ICJ is gravely concerned over the fairness of the upcoming proceedings, including the lack of any right of appeal, the lack of restrictions on the use of evidence obtained through torture or ill-treatment and severe restrictions imposed on the rights of the defence, in contravention of international human rights law, including the Arab Charter on Human Rights, to which the UAE is a party,” said Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme. “Furthermore, allegations of torture and ill-treatment by detainees, including incommunicado detention, prolonged solitary confinement, sleep deprivation and verbal and physical abuse, must be promptly, impartially and thoroughly investigated.”
The ICJ further notes that there have been violations of international fair standards.
These include the failure of State authorities to formally charge defendants, severe restrictions on access to legal counsel, including during questioning and the failure to disclose case files to the defence until a few days before trial.
Until two weeks before the trial, there was a single lawyer acting for all detainees and other lawyers who tried to assist have faced harassment, including detention and deportation, the ICJ says.
The trial is part of a broader crackdown by the UAE authorities in response to a petition signed by 100 academics, legal professionals, and civil society activists, in March 2011, for political reforms and increased public participation in government.
“The ICJ condemns the use of criminal proceedings to suppress peaceful calls for increased democracy as an unlawful restriction on the right to freedom of expression,” Benarbia added. “Extending the clampdown on critics to include numerous members of the legal profession severely compromises the Rule of Law in the UAE.”
Contact:
Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, tel: 41 22 979 38 17, e-mail: said.benarbia(at)icj.org
