Jul 30, 2017 | News
Indian authorities must ensure full compliance with the Supreme Court’s historic judgment directing independent investigations into alleged extrajudicial killings by the police and security forces in Manipur from 1979 to 2012, the ICJ said today.
The ICJ is calling for independent, impartial and thorough investigations into all cases, in line with international standards.
It is further calling on Indian authorities to ensure all accused are brought to justice in fair trials in ordinary civilian courts, and that the families of victims are accorded access to an effective remedy and reparation for any human rights violations.
“Through this judgment, the Indian Supreme Court has given fresh hopes to the victims of human rights violations in India who seek justice,” said Frederick Rawski, ICJ’s Asia Pacific Programme Director.
“This bold and principled decision should finally end the cynical attempts by Indian security forces and law enforcement agencies to shield themselves from criminal accountability,” he added.
On 14 July 2017, the Supreme Court ordered the Director of the Central Bureau of Investigations (CBI) to constitute a Special Investigation Team (SIT) within two weeks to go through the records of at least 85 cases of alleged extrajudicial killings that took place in Manipur between 1979 and 2012, lodge First Information Reports (FIRs), and complete investigations where required.
The Court also directed that the investigations must be completed by 31 December 2017.
The Court noted that the Manipur Police had not registered any FIR at the instance of the family members of the deceased.
It also held that the Manipur Police could not be expected to carry out impartial investigations as some of its own personnel were said to be involved in the “fake encounters”.
India has a legal obligation under Articles 2(3) and 6 of the International Covenant on Civil and Political Rights (ICCPR), to which it is party, to investigate allegations of violations of the right to life promptly, thoroughly and effectively through independent and impartial bodies and to ensure that those responsible are brought to justice.
On 27 July 2017, the CBI constituted a five-member Special Investigating Team in accordance with the Supreme Court’s directions.
“The CBI’s compliance with the Supreme Court’s directions through the prompt constitution of an investigation team is a welcome step,” added Rawski. “It must now ensure that investigations are thorough, independent, impartial and in line with international standards, including the ICCPR.”
The ICJ urged the State of Manipur and the Union of India to extend full cooperation and assistance to the Special Investigating Team to complete the investigations without any hurdles or delays.
Other allegations of human rights violations in the petition must also be investigated in line with international standards, the ICJ said.
Contact
Frederick Rawski, ICJ’s Asia Pacific Regional Director (Bangkok), e: frederick.rawski(a)icj.org
Background
Extrajudicial Execution Victim Families Association, Manipur (EEVFAM) and Human Rights Alert filed a petition in the Supreme Court of India in 2012, alleging that from 1979 to 2012 over 1,528 cases of fake “encounter killings” had taken place in Manipur.
They further alleged that the State government had not conducted proper investigations into the allegations of excessive use of force by the security forces and the police and requested the Court to constitute a special investigation team, comprising police officers from outside the state of Manipur, to conduct a probe into the alleged unlawful killings.
In July 2016, the Supreme Court emphasized the need for accountability for human rights violations by security forces, including under the Armed Forces Special Powers Act (AFSPA), and directed the petitioners to present detailed documentation in support of their allegations.
In April 2017, the Supreme Court dismissed the Central Government’s curative petition requesting the Court to reconsider its July 2016 judgment on the ground that it hampered the security force’s ability to respond to insurgent and terrorist situations.
The killings mentioned in the petition all took place in areas considered “disturbed” under AFSPA. Once an area is declared “disturbed”, armed forces are given a range of “special powers”, which include the power to arrest without warrant, to enter and search any premises, and in certain circumstances, use lethal force.
AFSPA has facilitated gross human rights violations by the armed forces in the areas in which it is operational.
Human rights organizations, including the ICJ, and several UN human rights bodies have recommended that the AFSPA be repealed or significantly amended.
Jul 27, 2017 | News
Pakistani authorities must implement the United Nations Human Rights Committee recommendations to ensure compliance with Pakistan’s human rights obligations under the International Covenant on Civil and Political Rights (ICCPR), the ICJ said today.
The Human Rights Committee, the treaty-monitoring body that oversees countries’ implementation of and compliance with the ICCPR, reviewed for the first time Pakistan’s human rights record under the Covenant on 11 and 12 July.
It issued its “Concluding Observations”, along with its recommendations, today, on 27 July.
“While it is encouraging to see Pakistan’s increased engagement with United Nations human rights mechanisms in recent years, it is deeply worrying that since ratifying the ICCPR, Pakistan’s human rights situation has worsened in a number of aspects, including with the restoration of the death penalty and the introduction of military trials for civilians,” said Livio Zilli, ICJ’s Senior Legal Adviser and UN Representative.
“It is of the utmost importance for Pakistan to reverse this trend, and make sincere efforts to implement the recommendations made by the Committee,” added Zilli.
The Committee’s recommendations include:
- Ensure the National Commission for Human Rights is able to carry out its mandate independently and effectively;
- Reinstate the moratorium on the death penalty;
- Abolish mandatory death penalty and ensure the death penalty is provided only for the “most serious crimes” involving intentional killing;
- Criminalize enforced disappearance and put an end to the practice of enforced disappearance and secret detention;
- Ensure that all allegations of enforced disappearance and extrajudicial killings are promptly and thoroughly investigated; all perpetrators are prosecuted and punished with penalties commensurate with the gravity of crimes;
- Review legislation relating to the military courts with a view to abrogating their jurisdiction over civilians as well as their authority to impose the death penalty;
- Reform the proceedings of military courts and bring them into full conformity with Articles 14 and 15 of the Covenant to ensure a fair trial;
- Ensure that all elements of the crime of torture are prohibited in accordance with article 7 of the Covenant;
- Repeal all blasphemy laws or amend them in compliance with the strict requirements of the Covenant; and
- Review policies and legislation on registration of international NGOs, including the vague grounds on which registrations can be cancelled.
This is the first time Pakistan’s human rights record is being reviewed by the Human Rights Committee since Pakistan ratified the Covenant in 2010.
Contact:
Livio Zilli, ICJ Senior Legal Advisor and UN Representative (Geneva), e: livio.zilli(a)icj.org
Reema Omer, ICJ International Legal Adviser for Pakistan (Lahore), t: +923214968434; e: reema.omer(a)icj.org
Background:
Pakistan ratified the International Covenant on Civil and Political Rights (ICCPR) in June 2010.
Following ratification/accession, every state party to the ICCPR is required to submit an initial “state report” containing information on the implementation of each provision of the treaty.
Pakistan submitted its initial state report to the Human Rights Committee in October 2015.
In light of the information provided in the State report, as well as information received from civil society, the Human Rights Committee then prepared a List of Issues containing particular issues of concern to the Committee, and asking whatever questions it sees fit in light of those concerns.
The answers provided by the State party to these questions, as well as other information submitted by civil society and others formed the basis of the “review” of the State’s compliance with the treaty, which was carried out on 11 and 12 July by the Human Rights Committee.
During the review, the Committee met with Pakistan’s delegation, headed by Federal Minister for Human Rights, Senator Kamran Michael, who presented answers to the List of Issues and responded to the Committee’s questions.
The Committee’s Concluding Observations issued today are highly authoritative, and highlight the Committee’s concerns and make recommendations to the State on improving the implementation of the ICCPR.
The ICJ made submissions to the Human Rights Committee in relation to the formulation of List of Issues in 2016 and the Review in 2017.
In its submissions, the ICJ raised concern about the inadequate legal framework on torture and other ill-treatment; the continuing practice and impunity for enforced disappearances; the incompatibility of military trials of civilians with the right to a fair trial; the incompatibility of Pakistan’s blasphemy laws with the rights to freedom of religion and belief, expression and fair trial; and the vaguely defined INGO policy.
The Human Rights Committee picked up ICJ’s concerns as its principle matters of concern and recommendations in its Concluding Observations.
Jul 13, 2017 | News
The ICJ today mourns the passing of Chinese human rights defender and Nobel Peace Prize winner, Liu Xiaobo. Liu Xiaobo was awarded the Nobel Peace Prize in 2010 and was described as the “foremost symbol of the struggle for human rights in China.”
He passed away today at the First Hospital of China Medical University, while still in the custody of Chinese authorities.
He has been imprisoned since 2009, after being found guilty for “subverting state power”, for calling for a new constitution in China. His wife, poet Liu Xia, remains under house arrest in Beijing.
In May 2017 authorities announced that he had been diagnosed with late-stage liver cancer.
Chinese authorities refused calls that he be allowed to travel to receive medical treatment abroad.
The ICJ honors Liu Xiaobo for his peaceful and unrelenting pursuit for human rights in China, and calls on the government to end the house arrest, and guarantee the freedom of movement, of Liu Xia.
Sam Zarifi, ICJ’s Secretary General said: “Liu Xiaobo will continue to serve as an inspiration not only for those fighting for human rights in China, but also for all human rights defenders working to promote and protect human rights all over the world.”
The ICJ believes that the death of Liu Xiaobo should serve as a wake up call to the Government of China that they cannot simply and brutally silence dissenting voices.
Liu Xiaobo’s death only serves to amplify his call for human rights and upholding the rule of law in China.
The ICJ has consistently called upon the Chinese government to end the harrassment and unlawful detention of lawyers and human rights defenders.
Jun 30, 2017 | News
On 29 and 30 June, the ICJ co-organized a workshop for Cambodian civil society on the UPR.
The workshop was organized with the Cambodian Center for Human Rights, the Cambodia Country Office of the Office of the High Commissioner for Human Rights, UPR Info, and the Cambodian Human Rights Committee on the mid-point review of the Human Rights Council’s (HRC) Universal Review (UPR) of Cambodia.
The Royal Government of Cambodia (RGC) underwent its second UPR in January 2014.
The objectives of the workshop were to:
1. conduct a comprehensive mid-term assessment of the progress and challenges as of late June 2017 of the RGC’s implementation of those recommendations made during the second UPR cycle of Cambodia that the RGC had accepted with a view to informing advocacy around the September 2017 session of the HRC;
2. To take stock of the situation of UPR implementation to provide a basis for preparation of NGO shadow reports during the 3rd cycle of the UPR;
3. To discuss a specific set of UPR recommendations among relevant government bodies and civil society organizations in order to build relationships and raise awareness of the recommendations;
4. To advocate for the full implementation of the recommendations accepted during the second UPR cycle of Cambodia; and
5. To increase awareness of and demand among the Cambodian public for the implementation of the accepted UPR recommendations and to increase awareness of the HRC and UPR process.
Kingsley Abbott, Senior International Legal Adviser for Southeast Asia for the ICJ, moderated a panel discussion on “developing strategic advocacy plans for monitoring the implementation of UPR recommendations” and delivered a presentation on “strategies to effectively implement recommendations and lessons learned from other countries” focusing on past UPR cycles of Thailand Lao PDR.
After a comprehensive review of the recommendations accepted by the RGC during the last UPR cycle it was determined that many of the recommendations had not been implemented.
Civil society agreed that it was important to further strengthen coordinated efforts to monitor and conduct advocacy around the UPR process, engage constructively with the RGC, and begin preparation for the third UPR cycle focusing on lessons learned from the last cycle and regional experiences.
Contact
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, t: +66 94 470 1345 ; e: kingsley.abbott(a)icj.org
Jun 29, 2017 | Advocacy, News, Non-legal submissions
The ICJ, together with other 60 national and international human rights organizations urged today the Myanmar authorities, and in particular the Ministry of Transport and Communication and the Parliament, to ensure the repeal of the offence of criminal defamation.
Myanmar-JointStatement-CriminalDefamation-2017-ENG (joint statement in English)
Myanmar-JointStatement-CriminalDefamation-2017-BUR (joint statement in Burmese)
Jun 23, 2017 | News
Today, the ICJ co-hosted an event in Bangkok, Thailand, named “Torture Bill, Still No Justice” to commemorate International Day in Support of Victims of Torture.
The event began with a keynote address by Professor Vitit Muntarbhorn, Special Rapporteur on violence and discrimination based on sexual orientation and gender identity and former ICJ Commissioner.
Following a screening of the film “The Railway Man”, the ICJ moderated a panel discussion which included victims of torture.
The event focused on the decision in February this year of Thailand’s National Legislative Assembly (NLA) to further delay the passage of essential legislation criminalizing torture and enforced disappearance.
Thailand is a State party to the International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), and has signed, but not yet ratified, the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).
The other organizers of the event were the Southeast Asia Regional Office of the Office of the High Commissioner for Human Rights, Amnesty International Thailand, the Cross-Cultural Foundation (CrCF), the Association for the Prevention of Torture (APT) and the Canadian Embassy in Bangkok.
A comic in English and Thai named “Torture is a Crime” was produced especially for the event by Shazeera Zawawi of APT.
Contact
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, t: +66 94 470 1345 ; e: kingsley.abbott(a)icj.org
Thailand-Comic-Torture is A Crime-Advocacy-2017-ENG (English version of the comic, PDF)
Thai version here
