Jun 24, 2019 | Advocacy, Non-legal submissions
At the UN, the ICJ today highlighted the rights and duties of judges and prosecutors to exercise their freedoms of expression, assembly and association to defend the rule of law and human rights.
The oral statement was delivered in a Clustered Interactive Dialogue with the Independent Expert on Sexual Orientation and Gender Identity and the Special Rapporteur on the Independence of Judges and Lawyers, at the UN Human Rights Council in Geneva.
It read as follows:
“The International Commission of Jurists (ICJ) welcomes the report of the Special Rapporteur on the Independence of Judges and Lawyers on freedom of expression, association and peaceful assembly of judges and prosecutors.[1]
As the report acknowledges, exercise of these rights can be subject to restrictions arising from the fundamental need for judges and prosecutors to be perceived as independent and impartial. At the same time, as the report also emphasizes, any such restrictions must be provided by law and be demonstrably necessary to such legitimate aims, which in turn crucially requires proportionality.[2] These standards have been recognized both globally and in all regions of the world.[3] Any such restrictions on judges should be adopted and enforced by the judiciary itself.
We particularly welcome the recognition in the report that in situations where democracy and the rule of law are under threat, judges and prosecutors have not only the right, but potentially a duty, to speak out and organize in defence of democracy, the rule of law, and human rights, and that this can include participating in peaceful public demonstrations.[4]
Far too often in the ICJ’s work around the world, we see Executive and Legislative bodies, as well as compromised judicial hierarchies, arbitrarily or selectively targeting judges and prosecutors for removal, demotion or other disciplinary measures, precisely for exercising these rights to defend against threats to the rule of law. Examples highlighted in our submission to your study included Egypt, Morocco, Honduras, Hungary and Bulgaria.[5]
Mr. Rapporteur, how can judiciaries, governments, and civil society organisations (including international or regional legal professional associations) act internationally to support judges and prosecutors who are facing such abuse in another country?
The ICJ also welcomes the reports of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity. We urge all States to strongly support the renewal of this essential mandate at the current session.
Thank you.”
[1] ICJ’s detailed submission to the Special Rapporteur’s consultation is available at: https://www.icj.org/judgesexpression2019/
[2] Paragraphs 39, 45, 46, 89.
[3] In addition to the global and European, Asian, and American standards cited in the report, see the African Commission on Human and Peoples’ Rights, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa (2005), paras A(4)(s) and (t), and F(d) and (e).
[4] Paragraphs 61, 69, 90, 102.
[5] See for further information: https://www.icj.org/judgesexpression2019/
Mar 26, 2019 | News
The ICJ condemns the sentencing of Venezuelan Judge Maria Lourdes Afiuni to a further five years of imprisonment.
On 21 March, a court in Caracas sentenced Judge Afiuni on unfounded charges of “corruption”.
“This further five-year sentence against Judge Afiuni is both the latest in a long series of severe violations of her human rights, and also illustrates the grave extent to which independence of the judiciary in Venezuela has been more broadly undermined,” said Matt Pollard, ICJ Senior Legal Adviser and UN Representative.
Judge Afiuni was arbitrarily arrested and detained in 2009 after then-President Hugo Chavez publicly demanded she be imprisoned for 30 years, as she had released an accused person citing a decision by the UN Working Group on Arbitrary Detention that his detention was unlawful.
While in detention, she was subjected to torture and other ill-treatment.
In 2010, the UN Working Group on Arbitrary Detention issued an opinion declaring Judge Afiuni Mora’s detention arbitrary.
She was held in prison for 14 months before being transferred to house arrest for health reasons in 2011.
In 2013 she was granted parole but ordered not to leave the country or to use social media.
The UN Special Rapporteur on the Independence of Judges and Lawyers reacted earlier today to the latest sentencing by reaffirming the arbitrariness of her deprivation of liberty and the fact that her treatment amounts to reprisals for having implemented the UN Working Group’s decision.
The Rapporteur also said that the ruling “underscored his serious concerns about the independence of the judiciary in Venezuela, the impartiality of judges and prosecutors and the pressures they faced in handling politically sensitive cases.”
Further background on the situation for the judiciary in Venezuela, and Judge Afiuni’s case, is available here.
Mar 21, 2019 | News
In a letter to Assistant Secretary-General for Human Rights, Andrew Gilmour, the ICJ, the American Civil Liberties Union (ACLU) and the International Service for Human Rights (ISHR) call on the UN to address a clear case of intimidation and threat of reprisal by U.S. Secretary of State Michael Pompeo.
In remarks to the press on 15 March 2019, Pompeo explicitly threatened to revoke or deny visas to International Criminal Court (ICC) personnel who attempt to investigate or prosecute alleged violations committed by American nationals or against citizens of U.S. allies.
The ASG is mandated to lead efforts within the UN system to end all intimidation and reprisals against those cooperating with the UN on human rights. In keeping with this mandate, the ACLU, ICJ and ISHR call on the ASG to take urgent action, including by publicly denouncing the comments, and urging U.S. representatives to refrain from adopting any legislation, policy or practice that has the effect of undermining unhindered access to and communication with the ICC and other international bodies.
The letter states that ‘The purpose of the visa restrictions is to block and deter legitimate criminal investigation into serious crimes under international law. Not only might they have a chilling effect on ICC personnel and others advocating for accountability, but they will set a dangerous precedent with serious implications on the overall fight for impunity, especially the right of victims and their legal representatives to seek justice and reparations without fear of retaliation.’
A similar communication has also been sent to three UN experts – the Special Rapporteurs on the situation of human rights defenders, on the independence of judges and lawyers, and on the promotion of truth, justice, reparation and guarantees of non-recurrence. The experts are similarly called on to publicly denounce the comments and send a formal communication to the U.S.
“The policy announced by Pompeo is part and parcel of a concerning attack by the current U.S. administration on multilateralism, international rule of law, and global and regional bodies mandated to monitor and investigate human rights violations and fight impunity,” said Sam Zarifi, Secretary General of the ICJ.
Pompeo’s announcement comes on the heels of threats made by U.S. National Security Advisor John Bolton in a 10 September 2018 speech to the Federalist Society.
In that instance, Bolton explicitly threatened ICC judges, prosecutors, and personnel if they proceed with an investigation into alleged war crimes committed by U.S. military and intelligence forces in Afghanistan, as well as any company or state that assists the ICC.
“This is an unprecedented attempt to skirt international accountability for well-documented war crimes. It reeks of the very totalitarian practices that are characteristic of the worst human rights abusers, and is a blatant effort to intimidate and retaliate against judges, prosecutors, and advocates seeking justice for victims of serious human rights abuses,” said Jamil Dakwar, Director of the ACLU’s Human Rights Program.
The letter cites Human Rights Council Resolution 36/21 and the UN Declaration on Human Rights Defenders, which reaffirm the right of everyone, individually and in association with others, to unhindered access to and communication with international bodies.
“This latest attack by the US demands the strongest response from the UN, which until now has remained silent on the US’ bullying of the ICC,” said Madeleine Sinclair, Legal Counsel and New York Director of ISHR.
“Pompeo’s threats are a blatant violation of the right to cooperate with the ICC, undermine the ICC’s effectiveness and credibility, and amount to an attack on the international system itself,” she added.
Contact:
Sam Zarifi, International Commission of Jurists, e: sam.zarifi@icj.org ; t: +41 22 979 38 00
Abdullah Hasan, American Civil Liberties Union, e: ahasan@aclu.org, t: +1-646-905-8879
Madeleine Sinclair, International Service for Human Rights, e: m.sinclair@ishr.ch, t: +1-917-544-6148
Mar 20, 2019 | Advocacy, Non-legal submissions
The ICJ today joined other NGOs in addressing the UN Human Rights Council session in Geneva, on the situation for human rights in Guatemala.
The statement, delivered by Franciscans International on behalf also of ICJ and other NGOs, read as follows (translation of Spanish original):
“We welcome the High Commissioner’s Report concerning the activities of her Office in Guatemala. We share the concerns and recommendations in the report, especially those related to the indigenous peoples, migrants and legislative initiatives that would impact in the full enjoyment of human rights.
As it was highlighted in the report, we are also concerned by the current discussions on the initiative to reform the National Reconciliation Law. This reform would give amnesty to those who committed serious crimes during the armed conflict, including those who have already been convicted. This puts at risk not only the fulfillment of the state’s obligations to end impunity, but also the security and access to justice of hundreds of victims and witnesses. Guatemala should dismiss immediately the initiative and refrain from promoting any other initiative that would promote impunity.
Additionally, the political and social tensions are intensifying towards the upcoming elections, and the inclusion of various groups, especially indigenous peoples, is at risk. Currently there is a low participation and representation of indigenous peoples in the political scene of the country. Out of 178 seats in the Congress, only 18 are occupied by Mayans (from which only two are women). The State must guarantee free participation, without intimidation or threats, of indigenous peoples running for different positions.
Lastly, the regional human rights situation of migrants is aggravating and the response by Guatemala, as evidenced in the last months, shows the lack of an effective policy to deal not only with migrants in transit, but also to create conditions to prevent forced migration of Guatemalans.
We thank the work that the Office of the High Commissioner for Human Rights has done, and we stress the importance of its activities in the country.”
The full statement may be downloaded in English and the original Spanish, in PDF format, here: HRC40-OralStatement-GDitem2-Guatemala-2019-EN-ESP
Mar 5, 2019 | News
States at the United Nations Human Rights Council in Geneva should ensure that Egypt is not allowed to seize a leading role in relation to the mandate of the United Nations’ expert on human rights and counter-terrorism, nine international human rights organizations, including the ICJ, have said.
In light of Egypt’s record of severe and widespread abuse of counter-terrorism measures to violate human rights, the organizations warned against attempts by Egypt to undermine the expert’s mandate.
The mandate of the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism is due to be renewed in the coming weeks at the ongoing Human Rights Council session in Geneva.
Mexico has for many years led the resolution that established and maintained the expert, but is understood now to be in discussions with Egypt about a possible leadership role for Egypt.
Other changes to the resolution text may also be under consideration.
“Egypt has an appalling record of abusing counter-terrorism measures against human rights defenders and other dissenting voices, and was recently denounced by the UN Special Rapporteur on human rights defenders for severe reprisals against people who spoke with another visiting UN expert,” said Matt Pollard, Senior Legal Adviser and UN representative for the ICJ.
“To give such a country shared leadership on the renewal of the mandate of the UN’s expert on human rights and counter-terrorism would only do further harm to civil society and others in Egypt and elsewhere, undermine the work of the expert and the UN as a whole, and badly tarnish the long history of leadership Mexico has shown on these issues,” he added.
Nine organizations – ICJ, Amnesty International, ARTICLE 19, Cairo Institute for Human Rights Studies, CIVICUS/World Alliance for Citizen Participation, International Federation for Human Rights (FIDH), Human Rights Watch, International Service for Human Rights, and Privacy International – had earlier sent a joint letter to all countries representatives in Geneva highlighting their concerns.
This was followed by a joint oral statement at the Human Rights Council session on 1 March, during an interactive dialogue with the special rapporteur.
Egypt has gradually sought to dilute or distort the longstanding focus of the UN Human Rights Council’s work to protect and promote human rights and fundamental freedoms while countering terrorism, the groups said.
In 2018 it succeeded in watering down the council’s longstanding thematic resolution on the topic, in which states annually recognize concerns about abuses and urge respect for human rights at a global and abstract level.
However, any move to gain control over the resolution on which the mandate of the special rapporteur depends, or to dilute or reframe her mandate, would have far deeper and further-ranging damaging effects.
The special rapporteur acts on individual complaints, reports on the situation in particular countries, and addresses in detail topics relating to counterterrorism work around the world on an ongoing basis.
The special rapporteur also serves an essential function in providing independent oversight of counterterrorism measures from a human rights perspective within the overall UN system.
The mandate holds a uniquely important role in the UN counterterrorism architecture, as the only UN entity with the exclusive mandate to ensure the promotion and protection of human rights while countering terrorism.
The organizations have been urging other countries to strongly oppose any attempts to weaken the mandate of the special rapporteur.
The special rapporteur’s role should not be diluted by including the flawed Egyptian-led approach into the resolution for its renewal, or by sharing the leadership of the mandate renewal resolution with Egypt or other countries that have such an appalling record in relation to the very issues the mandate is to address, they said.
Allowing Egypt to jointly lead the mandate renewal would only serve to encourage a continuation of its pattern of gross human rights violations and abuses against civil society and others within Egypt in the name of countering terrorism, while shielding it from international scrutiny, the groups said.
It would also pose a long-term threat to the UN’s role in ensuring that counterterrorism measures are consistent with human rights, and that measures to uphold human rights for all and the rule of law are the fundamental basis for the fight against terrorism.
Contact
Matt Pollard, ICJ Senior Legal Adviser & UN Representative, t: +41 79 246 54 75 ; e: matt.pollard(a)icj.org
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