Feb 23, 2018 | News
As the assault on the rule of law and human rights under the state of emergency in the Maldives continues, the ICJ expressed concerned about government reprisals taken against lawyers for performing their legitimate professional functions.
The ICJ urged the Maldivian authorities to stop obstructing the work of lawyers and respect the independence of the legal profession.
The ICJ called on the government to immediately lift the state of emergency, revoke the “suspension” of human rights protections, release judges of the Supreme Court and persons detained for political reasons, and ensure the independence of the judiciary.
On 22 February, the Department of Judicial Administration, the administrative arm of the Maldivian judiciary, suspended lawyer Hussain Shameem for an indefinite period of time, citing an ongoing investigation against him.
“No lawyer should be subject to persecution for carrying out their professional duties. Lawyers like Hussain Shameem are indispensable in ensuring human rights protection and upholding the rule of law in the Maldives, especially during a state of emergency,” said Frederick Rawski, ICJ’s Asia-Pacific Director.
The decision to suspend Shameem came only days after the Maldivian police launched an investigation against him for “obstruction of justice” and “obstruction of the administration of law and other government function”.
Hussain Shameem is representing members of the political opposition who are in detention, including former President Maumoon Abdul Gayoom and parliamentarian Faris Maumoon.
Before his suspension, Hussain Shameem had made public statements asserting that the declaration emergency declared by the Government on 5 February 2018 was unconstitutional.
He had also highlighted the poor conditions of detention of his clients.
The ICJ has learned that the police confiscated the mobile phones of another two lawyers, Mahfooz Saeed and Moosa Siraj.
Like Shameem, they were representing individuals arrested and detained during the state of emergency, including Justice Ali Hameed, who was part of the Supreme Court bench that recently issued a judgment directing the release of members of the opposition.
The police have also informed lawyers taking up cases during the state of emergency that they can only meet their clients for 30 minutes, which is an arbitrary and unlawful restriction on the fair trial rights of accused persons.
Under international standards, including the UN Basic Principles on the Role of Lawyers, governments must ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference.
International standards also provide that lawyers shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.
“The government’s actions against these lawyers, who are just doing their job of protecting their clients’ rights, has a chilling effect on other lawyers in the country as it sends a message that any exercise of their professional responsibilities perceived as contrary to wishes of the governments will not be tolerated,” added Rawski.
Contact:
Frederick Rawski, ICJ Asia Pacific Regional Director, t: +66 64 478 1121, e: frederick.rawski(a)icj.org
Reema Omer, ICJ International Legal Adviser for Pakistan (London), t: +447889565691; e: reema.omer(a)icj.org
Additional information: the state of emergency
On 5 February, the Government of the Maldives had declared a 15-day state of emergency under Article 253 of the Constitution, suspending a range of human rights protections. The declaration of emergency followed a Supreme Court judgment on 1 February that ordered the release of at least nine members of opposition parties, who were in detention on a number of charges.
On 20 February, the Parliament extended the state of emergency for another thirty days, citing the ongoing constitutional crisis. The extension appears to have been taken in violation of Maldivian law and the Constitution as the number of parliamentarians required for such an extension was not present during the vote.
The constitutionally and internationally protected rights that have been suspended in part or in full during the state of emergency include, among others, the right to liberty; the right to freedom of assembly; and the right to privacy. Basic safeguards surrounding arrest, detention, search and seizures – including the criminal procedure code – have also been suspended.
The International Covenant on Civil and Political Rights (ICCPR), to which the Maldives is a State Party, allows for States only to derogate from full protection of only a limited number of human rights during declared “public emergency which threatens the life of the nation.” No rights can be entirely suspended. Measures of derogation may only be taken to the extent strictly necessary to meet a specific threat to the life of the nation.
Feb 15, 2018 | News
Thailand should immediately cease misusing criminal and civil defamation laws to legally harass victims, human rights defenders and journalists who raise allegations of torture or other ill-treatment, the ICJ said today.
Yesterday, the Director of the Internal Operations Security Command (ISOC) Region 4, Lt. Gen. Piyawat Nakwanich, reportedly authorized Lt. Col. Seathtasit Kaewkumuang to lodge defamation complaints against Isma-ae Tae, a founder of Patani Human Rights Organization (HAP).
ISOC is responsible for security operations in Thailand’s deep South.
“It is astonishing that after all of the Government’s repeated commitments to address allegations of torture and protect victims and human rights defenders, ISOC is now misusing the justice system to legally harass an alleged victim of torture,” said Kingsley Abbott, the ICJ’s Senior International Legal Adviser for Southeast Asia.
“Thailand should immediately stop these defamation complaints against Isma-ae Tae and ensure an investigation that meets international law and standards is conducted into all allegations of torture or other ill-treatment without delay,” he added.
The accusations relate to a TV program entitled “Policy by People” that aired on the Thai PBS channel on 5 February 2018 in which Isma-ae Tae described being tortured and ill-treated by Thai soldiers when he was a student in Yala, located in Thailand’s restive deep South.
Criminal defamation in Thailand carries a maximum penalty of two years imprisonment and a fine of up to 200,000 Baht (USD $6,300).
The imposition of harsh penalties such as imprisonment or large fines under these laws has the effect of discouraging victims of torture or other ill-treatment from coming forward to seek the remedies and reparations to which they are entitled under international human rights law binding on Thailand, the ICJ said.
The complaints were made against the backdrop of a ruling by the Supreme Administrative Court on 19 October 2016, which ordered the Royal Thai Army and the Defence Ministry to pay 305,000 baht (USD $9,700) compensation to Isma-ae Tae, after it found he was “physically assaulted” during detention and had been illegally detained for nine days – exceeding the limit of seven days permitted under Martial Law Act B.E. 2457 (1914) (Martial Law).
“Even more astonishing is that a superior Thai court has already found that the military physically assaulted Isma-ae Tae and awarded him compensation, which only serves to highlight the injustice of these complaints”, added Abbott.
In 2008, Isma-ae Tae was arrested pursuant to Martial Law and allegedly tortured in order to purportedly extract a confession in relation to a national security case. To date, no perpetrators have been brought to justice.
Contact
Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Programme, t: +66 94 470 1345, e: kingley.abbott@icj.org
Thailand-Isma-ae Tae defamation case-News-Press releases-2018-ENG (full story with additional information, in PDF)
Thailand-Isma-ae Tae defamation case-News-Press releases-2018-THA (Thai version of full sory, in PDF)
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Feb 14, 2018 | News
Today, the ICJ addressed an academic seminar on the topic of “Public interest and the anti-strategic lawsuit against public participation (SLAPP)”.
It was organized by Thaksin University’s Faculty of Law, in collaboration with the Embassy of Canada in Bangkok, the Thai Ministry of Justice’s Justice Office, and the Community Resources Centre Foundation (CRC).
Participants in the seminar, which was held at Thaksin University, included more than 50 undergraduate students and lecturers from Thaksin University, around 20 villagers from affected communities, and approximately 20 justice officers from the Justice Office of Songkhla Province, Ministry of Justice.
Sanhawan Srisod, ICJ National Legal Adviser, delivered an introduction to basic international human rights law on the rights to freedom of expression, association, and peaceful assembly, and Thailand’s international legal obligations in relation to these rights.
Other speakers at the Workshop were Ms. Jantima Thanasawangkul, Special Prosecutor, Department of Legal Aid and Civil Rights Protection, Office of the Attorney General; Ms. Sor.Rattanamanee Polkla, Lawyer, Community Resources Centre Foundation; and Mr. Tawan Puakpong, Justice Office of Songkhla Province, Ministry of Justice.
Feb 13, 2018 | News
The one-year extensions of Nepal’s two transitional justice mechanisms without necessary legal and institutional reforms ordered by the Supreme Court and the UN are insufficient to comply with international standards, the ICJ, Amnesty International and Human Rights Watch said today.
The three organizations warned that the mere extension of the terms of the Truth and Reconciliation Commission (TRC) and the Commission on the Investigation of Enforced Disappeared Persons (CIEDP) is likely to prolong the justice process without meaningfully improving the chances that victims will have their demands for justice, truth, and accountability met.
“The net worth of these two bodies has now been tested by the victims in Nepal who are deeply dismayed and disappointed at not having been served truth and justice—even after years of delay,” said Biraj Patnaik, Amnesty International’s South Asia Director.
On February 5, 2018, the Government of Nepal extended, for the second time, the mandates of the TRC and CIEDP by one year without taking any measures to ensure their credibility and human rights compliance, and to increase the capacity of the Commissions as demanded by victims, civil society groups, and the National Human Rights Commission of Nepal (NHRC).
On the same day, the NHRC called on the government to amend the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014, in line with international standards and the judgements of the Supreme Court of Nepal.
The TRC and CIEDP have fallen short of international standards, both in constitution and operation, despite repeated orders by the Supreme Court of Nepal.
Among other flaws, the current legal framework allows for the possibility of amnesties and effective impunity for gross human rights violations amounting to grave crimes under international law, and the broad authority to facilitate reconciliation, including without the informed consent of the victims and their families.
In addition, a non-consultative, uncoordinated and opaque approach to their work has also created distrust with all major stakeholders, including conflict victims and members of civil society.
Where the Commissions have made efforts to work effectively, they face problems due to a lack of sufficient human and financial resources.
“Families and victims of Nepal’s decade-long civil war have waited far too long for answers, and cynical government attempts such as extending the mandate without broader reform as directed by the highest court is a further slap in the face,” said Meenakshi Ganguly, South Asia director at Human Rights Watch.
“The two commissions have gathered a lot of documentation, but the authorities seem more committed to protecting perpetrators than ensuring justice in the process.”
Despite flaws in the law, and questions of legitimacy and capacity, victims and their families have given the benefit of the doubt to these bodies, and submitted thousands of complaints.
As of February 2018, the TRC has received 60,298 complaints of human rights violations, and the CIEDP has received 3,093 complaints of enforced disappearance.
Though the Commissions have stated that they have initiated investigations into some of these cases, there are serious concerns about the quality of these investigations, and to date, not a single case has been recommended for prosecution.
“Now a member of the UN Human Rights Council, the international community has high expectations of the government of Nepal,” said Frederick Rawski, Asia Director of the International Commission of Jurists.
“It needs to commit to ensure that these institutions function independently and free from political interference, and in accordance with international standards that prohibit impunity for gross human rights violations. Merely extending their mandates without addressing the underlying problems is not adequate.”
Contacts
Frederick Rawski, ICJ Asia Pacific Regional Director, t: +66 64 478 1121, e: frederick.rawski@icj.org
Meenakshi, Ganguly, South Asia Director, Human Rights Watch, e: gangulm@hrw.org
Omar Waraich, Deputy Director, Amnesty International South Asia, t: +94 72 737 5467; e: omar.waraich@amnesty.org
Background
The TRC and CIEDP were established on 10 February 2015 through the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014.
The two-year mandates of the TRC and CIEDP expired on February 9, 2017.
The government extended the mandates for one year.
On 20 January 2018, the President approved an Ordinance extending the mandate of the two Commissions.
On the basis of the Ordinance, the Council of Ministers, on 5 February 2018, extended the mandates of these bodies for an additional year.
Feb 12, 2018 | News
The ICJ mourns the loss of its former Commissioner, Executive Committee Member and Honorary Member, Asma Jahangir, who was at the frontline of the struggle for the rule of law and human rights in Pakistan and around the world.
Ms. Jahangir died of cardiac arrest on Sunday, 11 February, in Lahore, Pakistan. She was 66.
“The ICJ benefited immeasurably from Asma Jahangir’s contribution and leadership. She was a giant of the human rights movement, dedicated to defending the rule of law and fighting for the rights of everyone – including her fiercest detractors,” said Sam Zarifi, ICJ’s Secretary General.
Asma Jahangir was elected to the ICJ in 1998, and went on to serve on the organization’s Executive Committee until the end of her term.
She continued to work closely with the ICJ as an Honorary Member.
Asma Jahangir started her journey as a human rights defender as a petitioner is a case challenging the military dictatorship of Yahya Khan. She was only 19 at the time.
She continued throughout her life to be an outspoken critic of military rule and abuses in Pakistan and at the forefront of the struggle for human rights and the rule of law in the country.
In 1987 she co-founded the Human Rights Commission of Pakistan, which remains one of the oldest and most preeminent human rights organizations in the region.
Asma Jahangir was a senior advocate of the Supreme Court with a legal career spanning nearly forty years.
In 1987, along with other women lawyers, she established the first legal aid cell in the country for free legal representation to women, children, bonded laborers and religious minorities.
She also made lasting contribution to the human rights globally, and served as a UN Special Rapporteur for three different mandates: Extrajudicial, summary or arbitrary executions (1998 to 2004); freedom of religion or belief (2004 to 2010); and the situation of human rights in Iran (2016 – 2018).
In the course of her work as a human rights activist, she was repeatedly threatened, put under house arrest and even imprisoned. However, these attacks did not deter her from her commitment to human rights.
“Asma Jahangir’s brave, powerful voice for human rights and dignity has fallen silent much too soon. We will miss her and strive to live up to her example,” said Zarifi.
Last year, Asma Jahangir participated in ICJ’s Women profiles video series:
Asma Jahangir profile
