Feb 27, 2018 | Events, News
The ICJ, in collaboration with the UN High Commissioner for Human Rights Regional Office for South-East Asia (OHCHR), and the Centre for Civil and Political Rights, organised a workshop for lawyers from southeast Asia, on engaging with UN human rights mechanisms.
The two-day workshop provided some thirty lawyers from Thailand, Cambodia, Vietnam, and Lao PDR with knowledge, practical skills and expert advice about UN human rights mechanisms, with the participants themselves sharing their own experiences and expertise.
In addition to explaining what the UN mechanisms are and how they work, the workshop discussed how lawyers can use the outputs of UN human rights mechanisms in their professional activities, as well as how to communicate with and participate in UN human rights mechanisms in order to ensure good cooperation and to best serve the interests of their clients.
Sessions were introduced by presentations by the ICJ’s Main Representative to the United Nations in Geneva and OHCHR officials, followed by discussions and practical exercises in which all participants were encouraged to contribute questions and their own observations.
A special discussion of effective engagement of lawyers with Treaty Bodies was led by Professor Yuval Shany, a member of the Human Rights Committee established to interpret and apply the International Covenant on Civil and Political Rights (ICCPR).
The workshop also aimed to encourage the building of relationships and networks between the lawyers from across the region.
The workshop forms part of a broader project of awareness-raising and capacity-building for lawyers from the region, about UN mechanisms.
A similar workshop was held in January 2017 for lawyers from Myanmar.
The project has also published (unofficial) translations of key UN publications into relevant languages, and is hosting lawyers in a mentorship programme in Geneva.
More details are available by contacting UN Representative Matt Pollard (matt.pollard(a)icj.org) or by clicking here: https://www.icj.org/accesstojusticeunmechanisms/
Feb 15, 2018 | News
Thailand should immediately cease misusing criminal and civil defamation laws to legally harass victims, human rights defenders and journalists who raise allegations of torture or other ill-treatment, the ICJ said today.
Yesterday, the Director of the Internal Operations Security Command (ISOC) Region 4, Lt. Gen. Piyawat Nakwanich, reportedly authorized Lt. Col. Seathtasit Kaewkumuang to lodge defamation complaints against Isma-ae Tae, a founder of Patani Human Rights Organization (HAP).
ISOC is responsible for security operations in Thailand’s deep South.
“It is astonishing that after all of the Government’s repeated commitments to address allegations of torture and protect victims and human rights defenders, ISOC is now misusing the justice system to legally harass an alleged victim of torture,” said Kingsley Abbott, the ICJ’s Senior International Legal Adviser for Southeast Asia.
“Thailand should immediately stop these defamation complaints against Isma-ae Tae and ensure an investigation that meets international law and standards is conducted into all allegations of torture or other ill-treatment without delay,” he added.
The accusations relate to a TV program entitled “Policy by People” that aired on the Thai PBS channel on 5 February 2018 in which Isma-ae Tae described being tortured and ill-treated by Thai soldiers when he was a student in Yala, located in Thailand’s restive deep South.
Criminal defamation in Thailand carries a maximum penalty of two years imprisonment and a fine of up to 200,000 Baht (USD $6,300).
The imposition of harsh penalties such as imprisonment or large fines under these laws has the effect of discouraging victims of torture or other ill-treatment from coming forward to seek the remedies and reparations to which they are entitled under international human rights law binding on Thailand, the ICJ said.
The complaints were made against the backdrop of a ruling by the Supreme Administrative Court on 19 October 2016, which ordered the Royal Thai Army and the Defence Ministry to pay 305,000 baht (USD $9,700) compensation to Isma-ae Tae, after it found he was “physically assaulted” during detention and had been illegally detained for nine days – exceeding the limit of seven days permitted under Martial Law Act B.E. 2457 (1914) (Martial Law).
“Even more astonishing is that a superior Thai court has already found that the military physically assaulted Isma-ae Tae and awarded him compensation, which only serves to highlight the injustice of these complaints”, added Abbott.
In 2008, Isma-ae Tae was arrested pursuant to Martial Law and allegedly tortured in order to purportedly extract a confession in relation to a national security case. To date, no perpetrators have been brought to justice.
Contact
Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Programme, t: +66 94 470 1345, e: kingley.abbott@icj.org
Thailand-Isma-ae Tae defamation case-News-Press releases-2018-ENG (full story with additional information, in PDF)
Thailand-Isma-ae Tae defamation case-News-Press releases-2018-THA (Thai version of full sory, in PDF)
Read also
Thailand: ICJ welcomes decision to end proceedings against human rights defenders who raised allegations of torture
Thailand: ICJ welcomes dropping of complaints against human rights defenders but calls for investigation into torture
Thailand: stop use of defamation charges against human rights defenders seeking accountability for torture
Thailand: immediately withdraw criminal complaints against human rights defenders
Further reading on the Draft Prevention and Suppression of Torture and Enforced Disappearance Act
UN Committee against Torture: ICJ and TLHR’s joint submission on Thailand
Thailand: ICJ, Amnesty advise changes to proposed legislation on torture and enforced disappearances
Thailand: ICJ commemorates international day in support of victims of enforced disappearances
Thailand: pass legislation criminalizing enforced disappearance, torture without further delay
Feb 14, 2018 | News
Today, the ICJ addressed an academic seminar on the topic of “Public interest and the anti-strategic lawsuit against public participation (SLAPP)”.
It was organized by Thaksin University’s Faculty of Law, in collaboration with the Embassy of Canada in Bangkok, the Thai Ministry of Justice’s Justice Office, and the Community Resources Centre Foundation (CRC).
Participants in the seminar, which was held at Thaksin University, included more than 50 undergraduate students and lecturers from Thaksin University, around 20 villagers from affected communities, and approximately 20 justice officers from the Justice Office of Songkhla Province, Ministry of Justice.
Sanhawan Srisod, ICJ National Legal Adviser, delivered an introduction to basic international human rights law on the rights to freedom of expression, association, and peaceful assembly, and Thailand’s international legal obligations in relation to these rights.
Other speakers at the Workshop were Ms. Jantima Thanasawangkul, Special Prosecutor, Department of Legal Aid and Civil Rights Protection, Office of the Attorney General; Ms. Sor.Rattanamanee Polkla, Lawyer, Community Resources Centre Foundation; and Mr. Tawan Puakpong, Justice Office of Songkhla Province, Ministry of Justice.
Feb 8, 2018 | News
A proposed new law regulating public assembly adopted by the Philippine House of Representatives would allow for unlawful restrictions on the right to peaceful assembly, the ICJ said today.
On 5 February 2018, the House of Representatives passed on third reading House Bill 6834, which proposes to repeal the Public Assembly Act of 1985.
The law would prohibit persons below the age of 15 from organizing a public assembly and would subject participants or organizers to potential criminal liability for holding a peaceful assembly without the approval of local executives.
“This legislation deceives us into thinking that there is no more need to obtain prior permission to holding a public assembly,” said Emerlynne Gil, ICJ’s Senior International Legal Adviser for Southeast Asia.
“But in effect, organizers will still need to secure the approval of the local executive before holding a public assembly,” she added.
The proposed law states that any person or group intending to organize a public assembly will only need to serve notice to the city or municipal mayor at least three days prior to the assembly without having to secure a permit.
However, at the same time it prohibits the “holding of a public assembly at a time and place other than that approved by the city or municipal mayor.”
“The proposed law does not improve on the old one. It now increases the penalty for holding a public assembly without approval of local authorities to six (6) years,” Emerlynne Gil said.
“The law is also silent as to who may be penalized. Hence, the ICJ fears that organizers and participants alike could be held liable,” she added.
Under international standards, freedom of people to assemble should generally not require prior permission.
The law would also contravene the rights of children that are protected under the Philippines’ legal obligations.
“The provision incorporates into law the arcane and discredited attitude that ‘children should be seen but not be heard’,” said Emerlynne Gil.
“If children are prohibited from organizing a peaceful assembly, this prevents them from exercising their right to impart information freely,” she added.
Under the Convention on the Rights of the Child, children must be guaranteed the right to freedom of assembly.
The bill now goes to the Philippine Senate for its consideration.
The ICJ calls on lawmakers in the Philippines not to adopt the proposed law in its current form.
Any new legislation should conform to international standards, including on the right to freedom of assembly without prior permission and the rights of children to assemble freely, the ICJ adds.
Contact
Emerlynne Gil, Senior International Legal Adviser for Southeast Asia, tel. no. +662 619 8477 (ext. 206); e: emerlynne.gil(a)icj.org
Philippines-Public assembly act 1985-News-Web stories-2018-ENG (Full story in PDF)
Feb 2, 2018 | News
Cambodia should halt efforts to radically limit the right to freedom of expression through adoption of lèse-majesté legislation which would criminalize the exercise of some expression, said the ICJ today.
The Spokesperson for the Cambodian Council of Ministers, Phay Siphan, reportedly announced on Facebook today that the Council of Ministers had approved an amendment to the Cambodian Criminal Code which would make it a crime to insult the Cambodian King, carrying a penalty of one to five years imprisonment and/or a fine of two million Riel (USD 500) to ten million Riel (USD 2,500).
“The Cabinet’s approval of a lèse-majesté law appears to be a further attempt by the Government to ‘weaponize’ the country’s legislation against its perceived opponents,” said Kingsley Abbott, ICJ’s Senior International Legal Adviser.
“The Government’s ongoing misuse of the law is particularly concerning given the lack of independent and impartial judges to provide appropriate checks and balances on its power,” he added.
The ICJ has previously raised concerns about abuses arising from the lèse-majesté law in neighboring Thailand to curb freedom of expression.
Exercises of expression which are critical to a democratic society under the rule of law, including commenting on public policy and political questions, are sometimes stifled and punished under these laws.
The right to freedom of expression is protected under international law and should never be subject to criminal penalties, let alone imprisonment, which is a manifestly disproportionate penalty for the exercise of the fundamental right to free expression, the ICJ said.
Contact
Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Regional Office, t: +66 94 470 1345, e: kingsley.abbott(a)icj.org
Background
Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Cambodia is a State party, protects the right to freedom of expression. This right includes the “freedom to seek, receive, and impart information and ideas of all kinds.”
In its General Comment No. 34 on article 19, the United Nations Human Rights Committee (HRC), the body that monitors compliance of State parties with the ICCPR, expressed concern about the use of lèse-majesté laws and asserted that “imprisonment is never an appropriate penalty” for defamation.
The HRC further clarified that “all public figures, including those exercising the highest political authority such as heads of state and government, are legitimately subject to criticism and political opposition” and that “laws should not provide for more severe penalties solely on the basis of the identity of the person that may have been impugned”.
In February 2017, the United Nations Special Rapporteur on the promotion of freedom of opinion and expression, David Kaye, urged Thailand to refrain from using the lèse-majesté law as a “political tool to stifle critical speech” and asserted that “(l)esè-majesté provisions have no place in a democratic country”.
The legislative amendments ratified by the Council of Ministers will now be sent to the National Assembly, the lower house of the Parliament of Cambodia, for approval.
Upon approval by Parliament, the amendments would come into force when signed by the King.
At the same time as approving a lèse-majesté law, the Council of Ministers reportedly approved other constitutional amendments which appear to impose impermissible restrictions on the rights to free association and freedom of assembly, also protected under the ICCPR.
These legislative amendments reportedly include provisions that (i) the right to vote or the right to stand as an election candidate can be restricted by domestic legislation, (ii) the right to form a political party would require “placing the nation’s interests first”, (iii) prohibit individuals from “undermining the interests of the nation” and (iv) allow Secretaries of the State to be appointed by Royal Decree rather than by Parliamentary vote.
Read also
ICJ’s October 2017 Report: Achieving Justice for Gross Human Rights Violations in Cambodia
Jan 25, 2018 | News
Myanmar’s publication in state media of lists with the names and accompanying photographs of more than 1,400 men, women and children under the heading “Members of ARSA Terrorist Group” constitutes an assault on human rights and contravenes key principles of the rule of law.
Authorities have not explained why or how listed persons were identified, if they are currently in detention, or if they are wanted for prosecution or for questioning pursuant to criminal investigations. Some or all persons listed appear to have been “accused” outside any formal judicial process.
Given the lack of publicly available information as to the basis of ascribing membership of a prescribed terrorist organization to the persons in the photos, and the manner in which their information has been publicized, the ICJ is concerned that the stated accusations may be arbitrary.
To the extent that there may be any credible basis for ascribing criminal conduct, the authorities have an obligation to administer justice through due process and fair trials, and not name calling and public shaming.
Authorities should cease publishing such material and take effective protective measures to ensure the safety and security of the people named in these publications and their families.
Serious crimes, including alleged acts of terrorism as well as human rights violations, necessitate investigations that are prompt, independent, impartial, effective and transparent in line with international standards.
As with other crimes, the investigation and prosecution of alleged acts of terrorism should conform to applicable national laws, including Myanmar’s Code of Criminal Procedure, to the extent these do not violate applicable international standards.
If any of the listed individuals have been detained, they must be brought promptly before a judge and charged with a cognizable offense or else released.
Accused persons must be afforded legal protections, and if properly charged, they must be brought to justice through fair trials.
State authorities have a duty to respect and ensure the presumption of innocence.
Authorities must refrain from making public statements that are defamatory in nature, that violate fair trial rights by affirming or implying the guilt of persons accused of crimes, and that violate the principle of judicial independence and the separation of powers, all of which are recognized in national and international law.
Particularly given the heightened tensions prevailing in northern Rakhine State, persons included in these lists and their families are at great risk of extra-judicial reprisals, which violates their right to security of the person.
In addition, the potentially defamatory publication of these photos by the government constitutes a violation of their right to privacy.
It also seriously undermines the government’s stated commitments to facilitating the safe return of refugees, and its responsibility to safeguard the physical security and integrity of all individuals from all communities in Myanmar.
Background
From 17 to 23 January 2018, Myanmar authorities published lists with the names, photos and identifying information of more than 1,400 men, women and children who they summarily accuse in the publications of involvement in or association with terrorism-related acts in Rakhine State.
These lists contain photos accompanied by captions with information variously including the name, age, village, alleged transgression, and other identifying information.
Most individuals are identified as “the terrorist” while others are characterized as a “family member of terrorists” or having “sympathized with the terrorist groups.”
The lists have run as supplements in the daily Burmese-language Myanmar Alinn newspaper and in the daily English-language Global New Light of Myanmar newspaper, published by the Ministry of Information.
Extracts have been published by the Office of the President of the Union, and by the Ministry of Foreign Affairs, which on 16 January requested Bangladesh authorities to extradite “accused” persons to Myanmar.
The ICJ has previously expressed concern that during and following security operations in Rakhine State, authorities have systematically failed to respect the rights of detainees in accordance with national and international law and standards.
Authorities have also so far failed to hold to account members of security forces, including soldiers and police, who appear to have perpetrated crimes against both Rohingya and Rakhine inhabitants of Rakhine State.
More than 650,000 inhabitants of northern Rakhine State, the vast majority of whom are Rohingya Muslims, have been displaced as a result of security operations commanded by Myanmar’s military, the Tatmadaw, following attacks on police posts by the Arakan Rohingya Salvation Army (ARSA) on 25 August 2017.
The government’s Counter-Terrorism Central Committee has declared ARSA as a ‘terrorist organization’ and stated that its supporters would be held responsible for acts of terrorism, pursuant to the 2014 Counter-Terrorism Law.
Myanmar-Terrorist Lists-News-web story-2018-BUR (story in Burmese, PDF)
