Oct 6, 2012 | News
The promotion of colonel Raju Basnet is a slap in the face for the victims of Nepal’s protracted civil war, ICJ and other human rights groups said today.
The Nepali cabinet’s decided on October 4, 2012, to promote colonel Raju Basnet to the rank of brigadier general. Human Rights Watch, Amnesty International, and the International Commission of Jurists say the United Nations and the Nepali National Human Rights Commission compiled credible evidence of systematic enforced disappearances and torture at Bhairabnath Battalion headquarters in Kathmandu under the command of the colonel Raju Basnet in 2003.
On the basis of this evidence, in 2007 Nepal’s Supreme Court ordered an independent investigation and prosecution of these human rights violations. That order includes allegations that Basnet personally committed acts of torture.
“Nepal’s cabinet has thrown the entire idea of holding soldiers accountable for abuses out the door,” said Brad Adams, Asia director at Human Rights Watch. “This cynical and reprehensible decision seriously undermines respect for human rights and contradicts Nepal’s assurances to the international community that it would hold those implicated in wartime crimes to account.”
Basnet’s promotion occurred under the leadership of the United Communist Party of Nepal – Maoist (UCPN-M). During the war, the UCPN-M was itself responsible for enforced disappearances, torture, and unlawful killings, and has not had to answer for a single wartime violation, the groups said. Agni Sapkota, a UCPN-M member, was appointed to a cabinet position even as he was under a court-ordered police investigation for his involvement in a 2005 unlawful killing.
“Despite years of promises, the Maoists and the army have shown themselves united in one crucial aspect: contempt for the notion of accountability for criminal acts and victims’ rights to justice, truth, and reparation,” said Polly Truscott, Amnesty International’s South Asia director.
International law applicable in Nepal obligates the government to investigate and prosecute serious violations of international human rights and humanitarian law. Consistent with international legal principles, officials implicated in serious offenses should be removed or suspended pending completion of full investigations, with full respect for their due process rights.
The Nepali Supreme Court in an August decision directed the government to put in place appropriate legislation and guidelines to ensure that security officials are vetted before they are appointed or promoted to high-level positions.
“With the promotion of Basnet, the denial of justice and accountability has essentially turned into government policy,” said Sam Zarifi, Asia director at the International Commission of Jurists. “This decision is basically the current Nepali government saying it does not care about the rule of law, does not care about its own Supreme Court directives, and indeed, does not care about the best interests of its own citizens. This promotion is a signal to all perpetrators that power trumps justice.”
The rights groups called on the international community to urge the Nepali government to revoke its decision.
“Nepali civil society, with support from the UN and the international community, has spent years seeking to promote justice and accountability,” Adams said. “By promoting Col. Basnet, the government has sent a clear signal to the Nepali people and the country’s international supporters that it not committed to these same goals.”
For more information, please contact:
In Kathmandu, for ICJ, Govinda Sharma: +977-985-106-1167
In Bangkok, for ICJ Asia-Pacific, Sam Zarifi: +66-807-819-002
Oct 6, 2012 | News
The ICJ today expressed its heartfelt condolences at the passing away of Professor Vojin Dimitrijevic.
An international law expert and ICJ Commissioner, Vojin Dimitrijevic died at the age of 81 on 5th October 2012 in Belgrade.
He was the Director of the Belgrade Centre for Human Rights, serving in this position since the organisation’s foundation in 1995. Until 1998, he was also Professor of Public International Law and International Relations at the University of Belgrade Law School.
Professor Dimitrijevic was a member of the Presidency of the Civic Alliance of Serbia and former President of the Yugoslav Association for International Law. He was also a member of the Venice Commission for Democracy through Law and of the Institut de Droit International.
From 1982-1994, he was a member of the Human Rights Committee, serving as Rapporteur and Vice-Chairman at different stages during this time. He taught at many universities throughout the world and published numerous books and articles on human rights issues.
In 2001, he was bestowed the order of the Legion d’Honneur by the President of France, Jacques Chirac.
Vojin Dimitrijevic graduated with a PhD from the Faculty of Law of the University of Belgrade. He was first elected as an ICJ Commissioner in 2003 and re-elected in 2008. He was also a member of the ICJ’s Executive Committee, serving in this role between 2006 and 2012.
Oct 6, 2012 | Agendas, Events
On this occasion, the World Coalition Against the Death Penalty – of which ICJ is a member – will hold an interactive panel discussion in Geneva.
The discussion on “Abolition of the death penalty – Ten years of joint efforts” will take place at the Palais des Nations.
The event will gather activists from around the world to discuss and analyze, each with their own perspective, the progress made over the past decade and the remaining challenges to the fight against the death penalty.
Panelists include Ms. Emma Bonino, Vice-president of the Senate of the Republic of Italy; Mr. Renny Cushing, Murder Victims’ Families for Human Rights; Ms. Ravdan Yanjmaa, Amnesty International Mongolia; and Mr. Fabian Omar Salvioli, Vice-Chairperson of the Human Rights Committee. Ms. Kyun-wha Kang, Deputy High Commissioner for Human Rights, will open the discussion with a few remarks.
Oct 3, 2012 | CIJL Newsletter, News
This newsletter informs you on recent activities and ongoing situations related to the work of the Centre for the Independence of Judges and Lawyers.
Oct 3, 2012 | News
The Verkhovna Rada, the Ukrainian parliament, voted on 2 October 2012 in favor of a bill that would ban “homosexual propaganda”. The ICJ and ILGA-Europe have condemned the draft law and called on Ukrainian authorities not to adopt it. Two hundred and eighty-nine out of 450 members of parliament supported the bill, which is now expected to move for a second round of reading in parliament later this month.
The organisations are deeply concerned about the impact of Draft Law no. 8711 on the rights of lesbian, gay, bisexual and transgender (LGBT) people in Ukraine as well as the rights of everyone to the freedoms of expression, peaceful assembly and association. ICJ and ILGA-Europe urge the Ukrainian parliament to withdraw the bill from its agenda and call on the Chair of the Parliament and the President, who would both need to sign the bill in order for it to become law, to speak out against it.
The bill would modify several existing laws in Ukraine, including criminal law, and introduce sanctions for the import, production and distribution of products that would “promote” homosexuality. “Promotion of homosexuality” is itself undefined. “If voted into law, it would lead to the further marginalisation of the lesbian, gay, bisexual and trans community in the country and would limit the work of human rights defenders,” Evelyne Paradis, Executive Director of ILGA-Europe said.
ILGA-Europe and the ICJ believe that Draft Law no. 8711 is incompatible with international human rights law. First it is so vague that it fails to conform to the requirement that restrictions must be provided for by law. Under the draft law, it is impossible for an individual to determine what kind of expression is banned. Second, the asserted reasons for the “homosexual propaganda” ban fail the tests of proportionality and necessity. In other words, the restriction serves no permissible purpose. Third and finally, the homosexual propaganda ban discriminates against LGBT people by prohibiting public discourse on issues that matter to LGBT lives. “Restrictions on rights may not be discriminatory, and discrimination on the basis of sexual orientation is clearly prohibited under international law,” said Alli Jernow, Senior Legal Adviser of the International Commission of Jurists.
The EU should raise these developments in the context of the monitoring of the implementation of the Visa Liberalisation Action Plan. Parliamentary discussion of this law clearly demonstrates that progress is stalled. If the bill passes a second reading, further negotiations with Ukraine should be delayed or ultimately suspended. We also call on the Council of Europe to unequivocally denounce Draft Law no. 8711 in representations to the Ukrainian government.
The law is expected to be discussed at a second hearing in the coming weeks. After that the Chair of the Parliament and the President would need to sign the bill before it would become official law.
ICJ and ILGA-Europe earlier this year issued a joint briefing paper on “homosexual propaganda bans” that have been enacted or proposed in Europe and other Eastern European countries.
Photo credit: Insight NGO
Oct 2, 2012 | News
The Jury of the Martin Ennals Award for Human Rights Defenders (MEA) selected the Venerable Luon Sovath as the 2012 Martin Ennals Award winner. The Prize winner was announced at a ceremony in Geneva.
The Venerable Luon Sovath, a Buddhist monk from Siem Reap, Cambodia witnessed his family and fellow villagers being forcibly evicted from their homes in 2009. Since then he has been a strong advocate against forced evictions, which remove families from their homes, often violently and little or no compensation.
Despite threats to his person, of arrest and disrobing, the Venerable Sovath, a non-violent Buddhist monk, uses videos, poems and songs to defend the right to housing. His advocacy touches powerful economic interests. The threats against the Venerable Sovath are very real.
Venerable Sovath was selected from among three final Nominees (see video presentation at the end of this article). Also nominated was Nasrin Sotoudeh, an Iranian Lawyer serving a 6 year prison sentence in Iran for her Human Rights work. She is known particularly for her work on behalf of women and children’s rights, especially juveniles facing execution. The third nominee is the Bahrain Center for Human Rights, who report widely on human rights abuses in Bahrain. Many of their key staff are currently imprisoned for their work.
The New Chair of the Martin Ennals Foundation, Micheline Calmy-Rey, the former Swiss President and Foreign Minister said: “This year’s novel format with three nominees made the Jury’s decision particularly difficult. As a Buddhist monk, Venerable Sovath has managed to raise wider attention to the issue of forced evictions in Cambodia”
The Martin Ennals Award for Human Rights Defenders (MEA) is a unique collaboration among ten of the world’s leading human rights organizations to give protection to human rights defenders worldwide.
The Jury is composed of the following NGOs: Amnesty International, Human Rights Watch, Human Rights First, International Federation for Human Rights, World Organisation Against Torture, Front Line, International Commission of Jurists, German Diakonie, International Service for Human Rights and HURIDOCS.
Previous laureates : Kasha Jacqueline Nabagesera (2011) Muhannad Al-Hassani, Syria, Emad Baghi, Iran; Mutabar Tadjibaeva, Uzbekistan; Pierre Claver Mbonimpa, Burundi and Rajan Hoole-Kopalasingham Sritharan, Sri Lanka; Akbar Ganji, Iran and Arnold Tsunga, Zimbabwe; Aktham Naisse, Syria; Lida Yusupova, Russia; Alirio Uribe Muñoz, Colombia; Jacqueline Moudeina, Chad; Peace Brigades International; Immaculée Birhaheka, DR Congo; Natasha Kandic, Yugoslavia; Eyad El Sarraj, Palestine; Samuel Ruiz, Mexico; Clement Nwankwo, Nigeria; Asma Jahangir, Pakistan; Harry Wu, China.
Patrons of the Martin Ennals Award: Asma Jahangir, Barbara Hendricks, José Ramos-Horta, Adama Dieng, Leandro Despouy, Louise Arbour, Robert Fulghum, Irene Khan, Theo van Boven and Werner Lottje†.
Contact: Michael Khambatta, t: +41 79 474 8208; e-mail: khambatta(at)martinennalsaward.org or visit www.martinennalsaward.org
Video presentation of the three nominees: Luon Sovath (Cambodia), Nasrin Sotoudeh (Iran), Bahrain Center for Human Rights (Bahrain)
