Proposed Arab Court of Human Rights: an empty vessel without substantial changes to the draft statute

Proposed Arab Court of Human Rights: an empty vessel without substantial changes to the draft statute

30 Human rights groups, including the ICJ have signed a statement calling upon the League of Arab State’s (LAS) member States to substantially revise the draft statute of the Arab Court of Human Rights (the Arab Court).

The LAS should also ensure the full accordance of the Arab Court with international human rights law and standards, including obligations assumed by LAS member States, the statement says.

In addition, the human rights groups strongly condemn the fact that both the LAS and the expert committee went about their drafting exercise without consulting with any civil society groups, despite their vast expertise in relevant issues, or any other stakeholders, despite several requests from civil society organizations to engage in the process.

The full text can be downloaded below in English and Arabic:

MENA-Arab Court Statement-news-web story-2014

MENA-Arab Court Statement-news-web story-2014-ara

 

 

Egypt: Courts should not be used as a tool of repression

Egypt: Courts should not be used as a tool of repression

The ICJ today strongly condemned the decision of the Criminal Court of Minya to convict 529 individuals and to sentence them to death.

The individuals were sentenced for “participating in an attack on a police station in Minya,” “murder of a police officer,” “attempted murder of two other officers,” “seizing weapons” and “damaging public property”.

The verdict comes against a backdrop of a continuing crackdown on individuals suspected of supporting the ousted President, Mohamed Morsi, or being members of the Muslim Brotherhood, an organization officially designated by the military and other transitional authorities as a terrorist organization.

The verdict followed a two-day trial that disregarded fundamental fair trial standards.

The first hearing lasted 30 minutes, while the second lasted one hour.

International law is clear: the imposition of the death penalty following an unfair trial violates the right to life.

The ICJ calls on the Egyptian authorities to extinguish the convictions resulting from this trial and ensure that those arrested, prosecuted and convicted for the legitimate exercise of their rights to freedom of association and assembly are immediately released.

“The Minya trial made an absolute mockery of justice, violating basic human rights, including the rights to life, to liberty, to be presumed innocent and to defence,” stated Said Benarbia, Director of the ICJ Middle East & North Africa Program. “Even with Egypt’s long history of unfair trials and systematic politicization of the judiciary, the Minya trial sets a new low, and could be dangerous precedent for mass convictions following mass trials against government critics.”

The ICJ is deeply concerned that this trial is a part of a deliberate policy by the Egyptian authorities to use the courts and the Office of the Public Prosecutor to arrest, prosecute, convict, and imprison opponents of the current authorities.

The ICJ is also concerned that this policy effectively shields from accountability police, security, and military officers responsible for human rights violations committed in the context of the crackdown that followed the ouster of President Morsi, including the killings of more than 1200 people, in particular during the dispersal of the Rabaa Al-Adawyia  and Annahda pro-Morsi sit-ins on 14 August.

No effective investigation has  yet been conducted into these killings, and the perpetrators remain unpunished.

“In times of crisis, judges and prosecutors must safeguard and uphold human rights and fundamental freedoms, not act as tools of repression by prosecuting and convicting individuals for the legitimate exercise of their rights” said Benarbia.

“The Egyptian authorities must respect the independence of judges and prosecutors and refrain from any undue, inappropriate or unwarranted interference in judicial matters,” Benarbia concluded.

Contact:

Said Benarbia, ICJ Director of the Middle East and North Africa Programme, tel: 41 22 979 38 17, e-mail: said.benarbia(a)icj.org

Algeria: torture allegations taint trial over political activist’s killing

Algeria: torture allegations taint trial over political activist’s killing

The ICJ and Amnesty International expressed concern over the trial of Mohamed Belbouri before the criminal court of Oran in Algeria. The next hearing of the trial is held on Monday 9 December.

Belbouri, aged 29, stands as the sole accused in the murder of Professor Ahmed Kerroumi, an Algerian political activist. Kerroumi was killed in April 2011, shortly after meeting with the UN Special Rapporteur on freedom of expression, Frank La Rue, in Algeria.

The ICJ and Amnesty International call on the Algerian authorities to ensure the right of Kerroumi’s family members to know the truth about his killing and to criminally hold the perpetrator(s) to account in line with international fair trial standards.

The two organizations are concerned that the Belbouri trial has failed to meet these standards, including the right of the accused to be presumed innocent and to defence.

The two organizations are further concerned by allegations that acts of torture and other ill-treatment were inflicted on Belbouri during his interrogation in police facilities between 12 and 17 May 2011, apparently aiming to make him “confess” to the killing of Kerroumi.

Belbouri says he was beaten on the head, face, stomach and feet, electrocuted, made to sit on his knees for hours with a chair on his head, and threatened that his relatives would be ill-treated if he did not “confess”.

“Algerian authorities must respect and ensure the right of Belbouri to a fair hearing before an independent and impartial tribunal and in full compliance with international fair trial standards,” said Wilder Tayler, ICJ Secretary General.

“The authorities must also ensure that all reports of torture and other ill-treatment of Belbouri are thoroughly and impartially investigated, and that any statement alleged to have been obtained as a result of torture or other ill-treatment is not admitted as evidence by the court,” Tayler added.

Lawyers representing the accused and the family of Professor Kerroumi have both said that the trial was marred by irregularities.

These include the court’s refusal to allow the defence to call and cross-examine witnesses, including the forensic expert who performed the autopsy on Ahmed Kerroumi’s body, and to challenge and test evidence put forward by the prosecution.

“Justice would not be served by sentencing – possibly to death – a man who has claimed his innocence all along when they are so many doubts about the seriousness of the investigation,” said Philip Luther, Middle East and North Africa Director at Amnesty International.

Contact:

Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, tel: 41 22 979 38 1, e-mail: said.benarbia(a)icj.org

 

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