The Special Jurisdiction for Peace in Colombia (UN statement)

The Special Jurisdiction for Peace in Colombia (UN statement)

The ICJ today highlighted challenges and urged strengthening and support for the Special Jurisdiction for Peace in Colombia, at the UN Human Rights Council in Geneva.

The statement was delivered during a general debate on technical assistance and capacity-building. It read as follows:

“The International Commission of Jurists (ICJ) appreciates the contribution of UN technical assistance and capacity-building to implementation of the Peace Agreement in Colombia.

Full implementation of the Peace Agreement is important to the fulfilment of Colombia’s international human rights obligations, including rights of victims. In particular, the Special Jurisdiction for Peace (JEP by its Spanish acronym) is playing a key role in addressing accountability for gross human rights violations committed during the internal conflict in Colombia.

The JEP faces several challenges.[1] First, the JEP must do more to strengthen effective participation of victims in its procedures. Second, the Special Jurisdiction from the outset should ensure that the sanctions it imposes and reparation measures it orders are sufficient and appropriate to meet international standards. Third, national authorities, including the President and the Parliament, must respect the judicial independence of the Special Jurisdiction.

The ICJ also highlights the need for effective measures to address security threats faced by victims and witnesses appearing before the JEP.

We urge the UN, States and other stakeholders to provide technical assistance and capacity building towards strengthening guarantees for victim’s rights in the JEP’s procedures, and we urge the Human Rights Council to follow closely the work of the Special Jurisdiction for Peace to ensure it makes an effective contribution to fulfilling Colombia’s obligations under international law.”

[1] See also ICJ, Colombia: The Special Jurisdiction for Peace, Analysis One Year and a Half After its Entry into Operation (executive summary in English and full report in Spanish available at: https://www.icj.org/colombia-the-special-jurisdiction-for-peace-one-year-after-icj-analysis/).

Event: The first year of the transitional justice system in Colombia

Event: The first year of the transitional justice system in Colombia

The Colombian Commission of Jurists (CCJ) and the ICJ invite you to a discussion on the strengths and challenges that the System and its institutions face. The event takes place Thursday, 19 September 2019, at 11:00 – 12:00, room XXI, in the Palais des Nations.

One of the essential elements of the peace agreement between the Colombian government and the FARC-EP was the creation of an Integral System of Truth, Justice, Reparation and Non-Repetition. This System contains a set of transitional mechanisms to protect and guarantee victims’ rights. It comprises three institutions: a tribunal called the Special Jurisdiction for Peace (JEP), a Truth commission, and a Unit to search for the missing persons. A year ago, after some delays, the three institutions have entered into operation. They all have made significant advances in fulfilling victims’ rights. However, there are still several challenges they must face to be considered successful transitional justice mechanisms.

The panel will feature:

Moderator:

  • Sam Zarifi, ICJ Secretary General

Speakers:

  • Philippe Texier, former judge of the Court of Cassation of France and ICJ commissioner.
  • Edinson Cuéllar, Colectivo Sociojurídico Orlando Fals Borda
  • Ana María Rodríguez, CCJ Senior Legal Adviser
  • Rocío Quintero, ICJ Legal Adviser

Printed copies of the ICJ report “Colombia: Jurisdicción Especial para la Paz, análisis a un año y medio de su entrada en funcionamiento” will be available.  (Full version in Spanish and Executive Summary in English)

A flyer for the event is available here.

Venezuela: Need for International Accountability

Venezuela: Need for International Accountability

The ICJ today reiterated its call for the UN Human Rights Council to establish an international independent Commission of Inquiry on the human rights situation in Venezuela.

The statement, delivered in a general debate at the Council following the oral update by the UN High Commissioner for Human Rights mandated by the previous Human Rights Council resolution on Venezuela, read as follows:

“Mr. President,

The International Commission of Jurists (ICJ) welcomes the High Commissioner for Human Rights’ oral update on the situation in Venezuela.

The update and previous reporting point to a wide range of human rights violations, which continue to occur inside the country. These include arbitrary deprivation of liberty, serious violations of indigenous people’s rights, excessive use of force by security forces and attacks on freedom of expression, among others, as well as the impacts of laws, policies and practices that have adversely affected the independence of the judiciary.

Over the years, the International Commission of Jurists has monitored and documented the lack of judicial independence in Venezuela and the absence of accountability for those responsible for gross human rights violations.

The ICJ urges the Human Rights Council to establish an independent Commission of Inquiry on the human rights situation in Venezuela, given that Venezuelan authorities have been unable or unwilling to pursue effective domestic accountability, and judicial and prosecutorial mechanisms in the country lack independence and impartiality.

The Commission of Inquiry should be mandated to investigate reports of violations of international human rights law in Venezuela, establish the facts and circumstances of violations committed since at least 2014, and identify those responsible with a view to contributing to full accountability for all violations, including those that constitute crimes under international law.

Thank you.”

The oral update of the UN Human Commissioner for Human Rights, on the situation in Venezuela, may be accessed here.

In August 2019, the ICJ joined other NGOs in calling for an international commission of inquiry on Venezuela.

States are expected to discuss a further resolution on Venezuela at the current Human Rights Council session, for adoption on 26 or 27 September.

ICJ calls for continuation of International Commission Against Impunity in Guatemala (CICIG)

ICJ calls for continuation of International Commission Against Impunity in Guatemala (CICIG)

The ICJ today called on the Human Rights Council to seek to allow the International Commission Against Impunity in Guatemala (CICIG) to continue its essential work, and to promote similar initiatives elsewhere.

The statement, delivered during a general debate on technical cooperation, read as follows:

“The International Commission of Jurists (ICJ) welcomes the technical cooperation the United Nations has provided to the International Commission Against Impunity in Guatemala (CICIG).

For more than ten years, the CICIG has been essential to the fight against corruption and impunity in Guatemala. It has provided invaluable support to prosecutors and judges in the investigation and and trial of major crimes of corruption.

The combination of provision of technical assistance and actual participation in the proceedings as “querellante adhesivo” (“complementary prosecutor”) has been important to the CICIG’s effectiveness. For instance, the CICIG helped ensure that investigations took place into high-level officers from the Government and against people that had illegally financed their public campaigns. Several public officers have been brought to justice.

The ICJ therefore expresses its deepest concern that the Government of Guatemala has decided to allow the mandate of the CICIG to expire on the 3rd of September, despite its role remaining as essential as ever to the fight against corruption and impunity in the country.

We urge the Human Rights Council to seek to allow the work of the CICIG to continue, as well as to promote more generally the important potential of UN involvement in such mechanisms to strengthen the fight against impunity at the national level.”

Guatemala: ICJ and partners conduct workshops the investigation and prosecution of unlawful death and enforced disappearances

Guatemala: ICJ and partners conduct workshops the investigation and prosecution of unlawful death and enforced disappearances

Between 26 and 29 June 2019, in Guatemala City, ICJ and its partner, Fundación de Antropología Forense de Guatemala (FAFG), with the support of the Asociación Guatemalteca de Jueces por la Integridad (AGJI) and the Bufete de Derechos Humanos (BDH), undertook trainings of more than 12 judges and 20 prosecutors on the international law and standards that apply to the investigation of unlawful death and enforced disappearances.

The workshops were conducted as part of the project under the ICJ’s Global Accountability Initiative entitled, Promoting justice for extrajudicial killings and enforced disappearances in Colombia, Guatemala and Peru, supported by the EU European Instrument for Democracy and Human Rights (EIDHR).

Opening remarks were given by Tomás Pallás Aparisi, Head of Cooperation at the EU Delegation to Guatemala, Delia Dávila, Magistrate from the Supreme Court of Guatemala and Haroldo Vasquez, President of the Asociación Guatemalteca de Jueces por la Integridad AJGI.

Ramón Cadena, Director of the ICJ’s Central America Office, addressed the international law and standards that apply to the investigation and prosecution of unlawful death and enforced disappearances and their relevance to Guatemala. Edgar Pérez, director of Bufete de Derechos Humanos (BDH) discussed the situation of enforced disappearances in Guatemala and the value and applicability of international law and standards. Marco García, a representative of FAFG, outlined the role of forensic science in the investigation of unlawful death and enforced disappearances.

Kingsley Abbott, Senior Legal Adviser & Coordinator of the ICJ’s Global Accountability Initiative, provided an overview of the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), which formed the core of the materials used at the workshops.

The ICJ took the opportunity of the workshops to visit the office of its partner, the Asociación de Familiares de Detenidos-Desaparecidos de Guatemala (FAMDEGUA) and meet with Justice Delia Marina Davila Salazar of the Supreme Court of Justice of Guatemala.

Contacts:

Kingsley Abbott, Senior Legal Adviser & Coordinator of the ICJ’s Global Accountability Initiative, email: kingsley.abbott(a)icj.org

Carolina Villadiego Burbano, ICJ Legal and Policy Adviser, Latin America, and Regional Coordinator of the Project, email: carolina.villadiego(a)icj.org

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