The ICJ mourns the loss of Irene Fernandez, a Malaysian human rights defender who was at the frontline of promoting and protecting human rights, especially the rights of women and migrant workers.
Thailand’s caretaker government must remove emergency measures throughout the country following the lifting of the Emergency Decree in the capital Bangkok and its surrounding provinces this week, the ICJ said today.
On 18 March, the caretaker government voted to lift the Emergency Decree (effective 19 March) that had been in place in Bangkok and surrounding provinces since 21 January 2014 in response to protests led by the People’s Democratic Reform Committee (PDRC).
At least 20 people have died in protest-related violence and hundreds have been injured.
The Emergency Decree was replaced by the Internal Security Act (ISA), which also does not fully comply with international standards, but provides better remedies for victims of human rights violations than the Decree.
“The imposition of the Emergency Decree creates an environment conducive to abuse of power and human rights violations such as arbitrary arrest and detention, torture and enforced disappearance,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific. “Lifting the Emergency Decree in Bangkok is a positive step, but it is crucial that the authorities remove the Emergency Decree and other measures of emergency rule, including martial law, that are in force in all or parts of at least 30 of Thailand’s 77 provinces.”
These measures should be replaced by law and action that are consistent with international human rights standards, Zarifi said, adding that martial law should not be used as a political tool.
The caretaker government must respond to demonstrations, unrest and emergencies in a manner which complies with its obligations under the International Covenant on Civil and Political Rights (ICCPR), and other international standards, including the Code of Conduct for Law Enforcement Officials, adopted by the UN General Assembly in 1979, and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted by the UN Congress on the Prevention of Crime and Treatment of Offenders in 1990.
These standards set out the circumstances in which resort to necessary and proportional force may be lawfully exercised. Article 8 of the Basic Principles on the Use of Force and Firearms states that “exceptional circumstances such as internal political instability or any other public emergency may not be invoked to justify any departure from these basic principles.”
In order to safeguard the rule of law and enhance the protection of human rights in Thailand, the ICJ calls on the caretaker government to repeal the Emergency Decree and other emergency measures including martial law, and to ensure accountability for violent acts through the thorough and effective investigation of criminal acts and prosecution of those reasonably suspected of committing them, in the course of fair, human rights-compliant criminal proceedings.
CONTACT: Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002, e-mail: sam.zarifi(a)icj.org
Craig Knowles, ICJ Media & Communications, (Bangkok), t:+66 819077653, e-mail: craig.knowles(a)icj.org
For further reading on ICJ’s work on emergency laws in Thailand see: Thailand’s Internal Security Act, Risking the Rule of Law? (2010) https://www.icj.org/thailands-internal-security-act-risking-the-rule-of-law/ Implementation of Thailand’s Emergency Decree (2007) https://www.icj.org/thailand-implementation-of-thailand%C2%B4s-emergency-decree/ More Power, Less Accountability: Thailand’s New Emergency Decree (2005) https://www.icj.org/more-power-less-accountability/
The ICJ condemned the High Court decision sentencing prominent Malaysian lawyer and chairman of the opposition Democratic Action Party Karpal Singh with a criminal sanction. He was found guilty of sedition on 21 February 2014.
The sanction amounts to RM 4,000 fine (approximately US$1,220).
The High Court’s decision was based on a statement made by Karpal Singh at a press conference on 6 February 2009 that Sultan Azlan Shah’s decision to remove the Perak’s state Chief Minister from office in 2009 could be challenged in a court of law.
“The Malaysian government is brazenly utilizing a draconian and outdated sedition law to restrict freedom of expression in the country by lawyers and public figures,” said Emerlynne Gil, ICJ’s International Legal Adviser on Southeast Asia.
The Malaysian government on 21 July 2012 announced that it planned to repeal the colonial-era 1948 Sedition Act, but has been slow to act on its announcement.
“Public discussion, including debates on the interpretation of laws, are an integral part of the nature of the legal process and a crucial step in the strengthening of a country’s democracy and rule of law,” said Gil. “A lawyer’s right to freely and independently engage and express their views on the law fulfills an important aspect of their professional role.”
In June 2010, the High Court initially ruled that the prosecution had failed to prove a prima facie case and acquitted Karpal Singh. The prosecution, however, later appealed, and the Court of Appeal reversed the High Court’s decision and ordered a retrial.
Pursuant to article 48(e) of the Federal Constitution, Karpal Singh now risks losing his Parliamentary seat unless the High Court’s decision is overturned during appeal.
Karpal Singh was the lead counsel for opposition leader Anwar Ibrahim during his Sodomy II appeal from 6 – 7 March 2014, which saw the Court of Appeal overturn his acquittal and sentenced him to five years in prison.
Karpal Singh is expected to appeal both the conviction and the sentence to the Court of Appeal.
Contact:
Emerlynne Gil, ICJ International Legal Adviser for Southeast Asia, t +66 2 619 8477; email: emerlynne.gil(a)icj.org
Craig Knowles, ICJ Media Consultant, t +66 81 9077653; email:craig.knowles(a)icj.org
This side event to the 25th Human Rights Council session will take place on Wednesday, 12 March 2014, 16.00 – 18.00 pm, in Geneva, Palais des Nations, Room XXII.
The members of this panel are in a unique position to highlight on-going challenges to the rule of law in Myanmar and their impact on the enjoyment of human rights.
They will provide personal insight into the important international presence for human rights monitoring, practical challenges facing lawyers concerning the rule of law, and link these issues to sustainable economic development on the ground in Myanmar today.
This panel argues that it is crucial to maintain a robust engagement with the UN human rights mechanisms in order to support and facilitate the reform process in Myanmar and improve the country’s human rights situation.
Speakers:
Tomás Ojea Quintana, UN Special Rapporteur on the situation of human rights in Myanmar
Kyaw Min San, Myanmar lawyer, Pyoe Pin and Justice For All
Daniel Aguirre, International Commission of Jurists, Myanmar
Chair/moderator:
Carlos Lopez, International Commission of Jurists
The presentations by panellists will be followed by an open interaction with the audience. Copies of the recent ICJ report Right to Counsel: The Independence of Lawyers in Myanmar will be available.
Myanmar – HRC25 Side event – March 2014
The ICJ today condemned as a miscarriage of justice, Malaysian opposition leader Anwar Ibrahim’s conviction on sodomy charges.
The ICJ said the overturning of his 2012 High Court acquittal — following an appeal by the Malaysian government — by a Court of Appeal panel contravenes international human rights standards and the rule law.
“The ICJ condemns the use of the colonial-era Article 377B of the Malaysian Penal Code, which prohibits consensual same-sex sexual conduct, in conflict with international standards regarding respect for the right to privacy,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific.
“This article is seldom used in Malaysia, but this is the second time it has been used to convict Anwar, and both times its use seemed clearly motivated to hobble his ability to challenge the government as a politician.”
The sodomy charges against Anwar, which date back to 2008, were dismissed by the High Court on 9 January 2012, but the Court of Appeal today overturned that acquittal and instead sentenced Anwar to five years’ imprisonment. The Court of Appeal ruling took less than two hours.
The ICJ has been observing the proceedings in what has been called Anwar’s ‘Sodomy 2’ trial. ICJ Commissioner Justice Elizabeth Evatt AC, from the Australian High Court and a former member of the United Nations Human Rights Committee, was at the Court of Appeal today on behalf of the ICJ.
“This decision certainly casts doubts on the independence and impartiality of the Malaysian judiciary and tarnishes the reputation of the country’s legal system,” said Zarifi.
The judgement means Anwar will not be able to run for election in a local state seat later this month.
After sentencing, Anwar’s lawyers were successful in arguing for a stay in execution and bail, pending appeal.
CONTACT
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002, e-mail: sam.zarifi(a)icj.org
Craig Knowles, ICJ Media & Communications, (Bangkok), t:+66 819077653, e-mail: craig.knowles(a)icj.org
A new ICJ report criticizes the Thai Government’s failure to take the steps necessary to establish the fate and whereabouts of missing lawyer Somchai Neelapaijit, saying it illustrates the challenges of achieving justice in cases of serious human violations in Thailand.
In the report, Ten Years Without Truth: Somchai Neelapaijit and Enforced Disappearances in Thailand, the ICJ documents the tortuous legal history of the case.
It highlights several key problems, such as poor use of forensic evidence, failure to follow and develop leads, unduly restrictive interpretation of national and international law, and above all, a lack of political will to resolve a case that remains emblematic of the culture of impunity in Thailand.
“Over the past 10 years, this case has taken many unexpected turns, including the disappearance of a prime suspect, admissions of Somchai’s death from officials while the courts have rejected such a finding, and most recently, a statement from the Department of Special Investigations that it had lost, and then found, the case files,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific.
“The Royal Thai Government has not exhausted all potential areas of inquiry and it must continue this investigation. There is no statute of limitations on an enforced disappearance and Somchai’s case is not forgotten in Thailand or around the world.”
Somchai, a lawyer and human rights defender, was stopped at a Bangkok roadside on March 12, 2004 and pulled from his car by a group of men. He has not been seen since.
At the time, Somchai was defending clients from Thailand’s restive southern provinces who were accused of attacking a military base as part of the ongoing insurgency in the region. Somchai had alleged police tortured the Muslim suspects.
Ten years later, Somchai’s wife, Angkhana Neelapaijit, and her family are no closer to knowing the truth about what happened to him.
“Somchai’s enforced disappearance, and the failure of the Royal Thai government to provide accountability or even basic information about his fate are emblematic of the challenges of achieving justice in cases of serious human rights violations in Thailand,” said Zarifi. “Enforced disappearance is not only a serious human rights violation but also a crime under international law.”
Thailand signed, but has not yet ratified, the Convention Against Enforced Disappearance in January 2012. Pending the ratification, Thailand must desist from any acts that would defeat the objective and purpose of the convention, which places an obligation on State Parties to make enforced disappearance a criminal offence and treat family members of a ‘disappeared’ person as victims in their own right.
The ICJ has followed Somchai’s case closely and worked with Angkhana Neelapaijit since 2004.
“The Royal Thai government’s failure to shed any more light on the enforced disappearance of Somchai Neelapaijit, despite providing compensation for his family and finding him to be ‘disappeared’, contradicts multiple past declarations of its commitment to seeking justice, or at least truth, including by several former Prime Ministers, Attorneys General, and officials,” the report says.
“It also contradicts official commitments before the United Nations Human Rights Council in March 2008.”
The ICJ’s report calls on the Royal Thai government to prioritize and advance the investigation into Somchai’s disappearance in a manner that conforms to its international obligations. It also recommends that Thailand:
–Ratify the Convention Against Enforced Disappearance;
–Enact legislation that makes enforced disappearance a specific crime in Thai domestic law, together with penalties that recognize its extreme seriousness;
–Amend existing Thai law to conform to the Convention Against Enforced Disappearance, as well as the State’s obligations, including with respect to effective remedy and reparation, under the ICCPR and CAT;
–Provide Angkhana Neelapaijit and her family with effective remedy and full reparation, in particular knowledge and clarification of the facts leading to the enforced disappearance and the progress and results of the Department of Special Investigations, and;
–Address the recommendations the ICJ made to the DSI in its letter of February 4, 2014 with respect to its investigation.
CONTACT
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002, e-mail: sam.zarifi(a)icj.org
Craig Knowles, ICJ Media & Communications, (Bangkok), t:+66 819077653, e-mail: craig.knowles(a)icj.org
Download the full report in PDF:
Ten Years Without Truth- Somchai Neelapaijit and Enforced Disappearances in Thailand – report – 2014
Thailand-Ten Years Without Truth-Publications-Reports-2014-THAI
India: Joint statement urging Indian authorities to immediately and unconditionally release human rights defender and student activist Umar Khalid
HRC60: Statement by the International Commission of Jurists in the Interactive Dialogue with the UN Special Rapporteur on truth, justice, reparation and guarantees of non-recurrence
HRC60: International Commission of Jurists in the General Debate under Item 2
Serbia: Political leaders must cease interference with the judiciary