The ICJ and ten other civil society organizations are concerned about the possible refoulement by the Cambodian government of more than 100 Montagnard asylum seekers to Viet Nam and call on Cambodia not to take such action.
They issued a statement that can be downloaded here:
Cambodia-Refoulement of Montagnard asylum seekers-News-web story-2015-ENG (full text in PDF)
Today, the ICJ and Thai Lawyers for Human Rights (TLHR) made a joint submission to the Human Rights Council’s Working Group on the Universal Periodic Review in advance of the Human Rights Council’s review of Thailand in April/May 2016.
In their submission, the ICJ and TLHR expressed concern about the following issues:
(1) the impact of the new legal and institutional framework, imposed since the May 2014 coup d’état, on human rights in Thailand;
(2) instances of suspected enforced disappearance and torture; and
(3) issues concerning international human rights instruments and mechanisms.
A copy of the submission can be found here:
THAILAND-UPR SUBMISSION FINAL AS LODGED-Advocacy-Non legal submission-2015-ENG (full text in PDF)
Myanmar’s government must end the practice of appointing newly retired military officials as judicial officers to its courts and ensure that the judiciary carries out its functions as a separate branch and independent of the Executive, said the ICJ today.
At least 20 former military officers who have just recently resigned from the military were reportedly appointed as vice director generals to the country’s Supreme Court this month.
They will be performing administrative functions but according to section 310 of the Myanmar Constitution will be in line for senior judicial appointments at the state or regional level after 5 years or sooner if the President considers them to be ‘eminent jurists’.
“One of the fundamental aspects of an independent, impartial and accountable judiciary is the appointment of judges, through proper procedures, on the basis of their legal competencies,” said Sam Zarifi, ICJ’s Asia Director. “The process for appointing and promoting judges must be transparent and ensure judicial independence and impartiality.”
A group of leading members of the Myanmar bar launched a “yellow ribbon” campaign last Friday in Yangon to protest the practice of assigning military officers to serve as judicial officers.
“The process of selecting these officers and assessing their legal qualifications is totally opaque,” Zarifi added. “The lawyers wearing yellow ribbons are emphasizing the belief of people in Myanmar that strengthening the rule of law is essential to guaranteeing justice and the country’s political and economic development, so it’s important to improve the judiciary’s qualifications and increase public trust.”
The Supreme Court of Myanmar launched its Strategic Plan 2015-2016, citing “judicial independence and accountability” as one of its key strategy areas.
The UN Basic Principles on the Independence of the Judiciary provide that that “Persons selected for judicial office shall be individuals of integrity and ability with appropriate training or qualifications in law.”
“The Myanmar judiciary is trying to shake off decades of interference from the Executive branch in order to assert its proper role as defender of the rights of people in Myanmar, and it can’t do so without a clear and transparent appointment and promotion process,” Zarifi said.
An exposition and analysis of international law and standards are available in English and Myanmar language in the ICJ’s authoritative Practitioners’ Guide on the Independence and Accountability of Judges, Lawyers and Prosecutors.
Contact:
Sam Zarifi, ICJ Regional Director for Asia and the Pacific, t: +66 807819002; e: sam.zarifi(a)icj.org
Vani Sathisan, ICJ International Legal Adviser for Myanmar, t: +95 9250800301; e: vani.sathisan(a)icj.org
The ICJ expressed disappointment over the decision made today by the Malaysian Federal Court to refer human rights defender Lena Hendry for trial, after dismissing the constitutional challenge on section 6(1)(b) of the Film Censorship Act 2002.
The ICJ said this provision is being applied in a manner inconsistent with the right to freedom of expression, which includes the right to seek and impart information of all kinds.
“The decision by the Federal Court is incompatible with the commitment to the rule of law and respect for human rights which was expressed by Malaysia during its last Universal Periodic Review at the UN Human Rights Council in 2013,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific.
“Lena Hendry is clearly a human rights defender and Malaysia has the special duty not only to respect her right to freedom of expression, but to protect her exercise of this right through the exposure of human rights violations in Sri Lanka,” he added.
The constitutional challenge was brought by the lawyers of Lena Hendry who was charged under section 6(1)(b) of the Film Censorship Act 2002 for screening the film “No Fire Zone: the Killing Fields of Sri Lanka” on 3 July 2013.
Authorities allege that she violated section 6(1)(b) of the law for showing a film that had not been approved by the Board of Censors.
The lawyers of Lena Hendry are now preparing for the trial before the Magistrate’s Court.
The ICJ calls on the Government of Malaysia to drop all charges against Lena Hendry and to undertake steps to make its laws consistent with the country’s obligations and commitments under international law.
Background:
Section 6(1)(b) of the Film Censorship Act 2002 states that “No person shall circulate, exhibit, distribute, display, manufacture, produce, sell, or hire any film or film publicity material, which has not been approved by the Board [of Censors].”
On 14 September 2015, the Federal Court of Malaysia dismissed the constitutional challenge on Section 6(1)(b) of the Film Censorship Act 2002. The question posed to the Federal Court was: “Whether section 6(1)(b) of the Film Censorship Act 2002 read together with section 6(2)(a) violates Article 10 read together with Article 8(1) of the Federal Constitution and therefore should be struck down and void for unconstitutionality.”
The Federal Court answered the question in the negative and ordered that the case be sent back to the High Court. The High Court, in turn, will transfer the matter back to the Magistrate’s court for trial. The Magistrate’s Court is where the matter initially originated.
If convicted, under section 6(2)(a) Lena Hendry could be fined up to RM30,000 (approximately US$6,900) and/or sentenced to up to three years imprisonment.
The right to freedom of expression is guaranteed in the Federal Constitution of Malaysia under Section 10(1)(a), which states that “every citizen has the right to freedom of speech and expression.”
The Universal Declaration of Human Rights and the UN Declaration on Human Rights Defenders also affirm the duty of all states to respect and facilitate freedom of expression, particularly as regards information or opinions about human rights.
Contact:
Emerlynne Gil, Senior International Legal Adviser of ICJ for Southeast Asia, t: +66 840923575 ; e: emerlynne.gil(a)icj.org
In advance of the UN Human Rights Council’s adoption of the outcome of its review of the Maldives’ human rights record as part of the Universal Periodic Review (UPR) process, the ICJ has submitted a written statement.
It highlights the Maldives’ failure to accept and implement a number of member states’ UPR recommendations.
In particular, the ICJ pointed out the urgent need for Maldives to accept and implement recommendations regarding the following issues, among others:
The Council will consider member states’ UPR recommendations for the Maldives during its 30th session on 24 September 2015, ahead of which the Maldives government will be expected to formally respond and indicate which of the recommendations it will commit to implement.
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