Sep 18, 2019 | Events, News
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.
Sep 11, 2019 | Advocacy, Non-legal submissions
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.
Jul 11, 2019 | Advocacy, Non-legal submissions
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.”
Jun 29, 2019 | News
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
Jun 25, 2019 | News, Publications, Reports
Colombia’s transitional justice tribunal, the Special Jurisdiction for Peace (JEP in its Spanish acronym) has made progress in fighting impunity, but can do more to address the needs and demands of victims of the country’s long civil war, the ICJ said in a report released in Bogota today.
The report Jurisdicción Especial para la Paz: análisis a un año de su entrada en funcionamiento (available only in Spanish) will be presented by a high-level mission composed of the President of the ICJ, Prof Robert Goldman (former President of Inter-American Commission on Human Rights), the Vice President of the ICJ, Carlos Ayala (former President of the Inter-American Commission on Human Rights), and ICJ Commissioner Philippe Texier, former judge of the Court of Cassation of France.
The commissioners will meet with different Colombian authorities including the President of Colombia, Iván Duque Márquez, and the President of the JEP, Patricia Linares Prieto.
They will also meet with victims and other members of civil society.
The JEP is charged with prosecuting and punishing gross violations of human rights and serious violations of international humanitarian law committed during the country’s civil war.
The JEP was established by the Peace Agreement entered into between the Colombian government and the former armed group FARC-EP, on November 24 of 2016.
“The JEP has made progress in guaranteeing victims’ rights and fighting impunity for gross violations of human rights and serious violations of international humanitarian law,” said Prof Robert Goldman, ICJ’s President.
“But the JEP must do more to strengthen the effective participation of victims in its procedures, as well as to guarantee victims’ rights to justice and full reparation in compliance with international standards,” he added.
Accordingly, the report identifies ways by which the JEP can achieve these goals.
The ICJ also expresses concern about security threats faced by human rights defenders and victims and witnesses appearing before the JEP. The ICJ urges the JEP and other Colombian public authorities to adopt effective measures to guarantee their safety.
The ICJ also considers it is necessary to ensure respect for the judicial independence of the JEP against external pressures to ensure the proper performance of its functions.
The report describes the findings of a mission carried out by ICJ Commissioners Carlos Ayala, Wilder Tayler and Philippe Texier in January 2019. The report includes an analysis of the main actions and decisions taken by the JEP as well as relevant decisions of other public authorities. It reflects developments up to June 7, 2019.
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