Dec 27, 2019 | Advocacy
In December 2019, the ICJ launched its report Dictating the Internet: Curtailing Free Expression, Opinion and Information Online in Southeast Asia. The report looked at selected legal frameworks and case studies across ten countries in the region
The Myanmar section maps out a general pattern of abuse of legal frameworks by the government to restrict and control content online to the detriment of individuals’ rights to freedom of expression, opinion and information.
Download
Full report in Burmese.
The chapter on Myanmar in English and Burmese.
Dec 20, 2019 | News
On 20 December 2019, the ICJ submitted recommendations to the Ministry of Justice on the Draft Prevention and Suppression of Torture and Enforced Disappearances Act (“Draft Act”), scheduled for public consultation between 4 and 31 December 2019.
The ICJ also expressed concern at the recurrent delays in the amendment and enactment of this important legislation which will be critical for ensuring accountability and justice for future victims of torture and enforced disappearance.
In October, the Ministry of Justice withdrew the draft Act from the Cabinet “for further revision”, an act which has served to further delaye the passage of essential legislation criminalizing torture and enforced disappearances.
The ICJ also regretted that the latest Draft Act, after several rounds of revisions and public hearings, still has not addressed many of the principal shortcomings which the ICJ and other stakeholders and experts have indicated need necessarily be amended in order to bring the law into line with Thailand’s international human rights obligations, particularly under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“UNCAT”) and the International Covenant on Civil and Political Rights (“ICCPR”).
As it stands, it is also inconsistent with the International Convention for the Protection of All Persons from Enforced Disappearance (“ICPPED”), which Thailand has signed and committed itself to ratify.
The key concerns include:
- Incomplete definitions of the crimes of torture and enforced disappearance, as well as other key terms discordant with international law;
- The absence of provisions concerning cruel, inhuman and degrading treatment (CIDT/P);
- The inadequacy of provisions on the inadmissibility of statements and other information obtained by torture, CIDT/P and enforced disappearances as evidence in legal proceedings;
- The inadequacy of provisions relating to modes of liability for crimes described in the Draft Act;
- The inadequacy of provisions concerning safeguards against torture, CIDT/P and enforced disappearances; and
- The absence of provisions concerning the continuous nature of the crime of enforced disappearance and statute of limitations for torture and enforced disappearance crimes.
Download the recommendations in English and Thai. (PDF)
Further reading
Thailand: ICJ, Amnesty advise changes to proposed legislation on torture and enforced disappearances
Thailand: ICJ submits recommendations on draft law on torture and enforced disappearance amendments
Dec 19, 2019 | News
The ICJ said that today’s verdict by the Quezon City Regional Trial Court on the “Ampatuan Massacre” is a first step in achieving justice for the victims and their families.
The court found guilty several of the principal accused, including Zaldy Ampatuan, who is a former governor of the Autonomous Region in Muslim Mindanao. The Ampatuan Massacre involved the killing of 58 people, including 32 journalists. It became known as the single deadliest attack against journalists globally.
“The Ampatuan massacre was a human rights tragedy that demonstrated how ingrained impunity has become in Philippine society,” said Emerlynne Gil, ICJ’s Senior International Legal Adviser.
She added, “It clearly illustrated how respect for human rights has become a mockery in the Philippines, that it can be casually thwarted by a group of individuals who thought they can get away with the killing of 58 people, including journalists, in broad daylight.”
There are 197 accused named in this case, many of them members of the politically-powerful Ampatuan family. The principal accused, including Zaldy Ampatuan and several of his family members, were sentenced to imprisonment of reclusion perpetua (30 to 40 years) without parole. They were also ordered by the court to compensate the victims of the massacre.
The ICJ urged the Philippine government to use this case to now effectively address the culture of impunity in the country.
“The Philippine government should look to this case and use it more generally as a force for a comprehensive drive against impunity, which has been pervasive in unlawful killings, whether by State or private actors,” said Emerlynne Gil.
Background
On 23 November 2009, Bai Genalyn Mangudadatu, wife of Esmael Mangudadatu, was accompanied by members of her family, lawyers, political supporters, and journalists to file the certificate of candidacy of her husband, Esmael Mangudadatu, for the upcoming elections. They were killed by men who later on were revealed to have been ordered by Andal Ampatuan Sr., Andal Ampatuan Jr., and several other members of the Ampatuan family. The Ampatuan family is the political rival of the Mangudadatus.
The convoy of vehicles accompanying the Mangudadatus was ambushed. Passers-by were also killed by the armed men. Their bodies and vehicles were buried in shallow graves nearby.
There were 58 people killed that day, including 32 journalists who were accompanying the Mangudadatus. This became known as the single deadliest attack against journalists globally.
There were 192 persons named as accused in this case, including members of the Ampatuan family and law enforcement officers who conspired with them.
The trial went on for ten years. On 19 November 2019, Branch 221 of the Regional Trial Court of Quezon City rendered its decision finding guilty beyond reasonable doubt 28 people, including Zaldy Ampatuan, his brother Datu Andal Ampatuan Jr, and several other Ampatuan family members. They were sentenced to reclusion perpetua (30 to 40 years) without parole.
Contact
Emerlynne Gil, Senior International Legal Advisor, International Commission of Jurists, t: +66 8409 235 75, e: emerlynne.gil(a)icj.org
Dec 18, 2019 | Advocacy, News
On 17 December 2019, the ICJ co-hosted a discussion on extrajudicial killings in Thailand and the lack of progress in investigations of these killings, with an emphasis on the killings of ethnic, racial, or linguistic minorities or indigenous persons, including indigenous persons in Northern Thailand and ethnic Malays in Southern Thailand.
The discussion was held at the Faculty of Law of Chiang Mai University. The event bought together participants from the North and Deep South of Thailand who considered developing joint advocacy strategy to address the troubling practices.
The event commenced with panel discussions on extrajudicial killings in Thailand and obstacles in access to justice faced by minority communities. Panelists included family members of victims, civil society organizations, lawyers and academics. Affected persons shared their experience as victims of attempted extrajudicial killings or relatives of victims of extrajudicial killings. Other panelists shared information on the dire trend of killings in their regions; concerns regarding extra-judicial killings of unarmed suspects; barriers to access to justice, including financial barriers due to poverty, lack of legal information, lack of trust in the authorities, and language barriers for indigenous speakers. Several panelists expressed concerns that family members of the victims could not participate in the investigation process. Others spoke on the objection of authorities to carry out autopsies of suspected extrajudicial killings in the Deep South.
ICJ’s Legal Adviser Sanhawan Srisod highlighted that investigators and law enforcement officials need to take into account international law and standards. These include the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), which was launched in Thailand on 25 May 2017; and the 1990 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. Different standards of operation between the police and the military to make arrests, which make military officers prone to violate the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. She also spoke on the different types of firearms that security personnel use and how they affect the proportionality of force; and the lack of guidelines on the use of firearms in arrest operations that is in compliance with international laws and standards.
A theater performance by Lanyim Theatre took place after the discussion.
The first panel was moderated by Pranom Somwong, Thailand’s Representative for Protection International. The panel included affected persons of an alleged extra-judicial killing from Thailand’s Deep South; Maitree Chamroensuksakul, from Rak Lahu Group and relative of a victim of an alleged extra-judicial killing in Northern Thailand; Prof. Somchai Preechasinlapakun, Head of Law Research and Development Center, Chiang Mai University; and Yureesa Samah, Officer of Duay Jai Foundation.
The second panel was moderated by Nadthasiri Bergman, Director of Human Rights Lawyers’ Association. The panel included Preeda Nakpiew, Lawyer of Cross-Cultural Foundation; Anukul Awaeputeh, Lawyer and Head of the Pattani branch, Muslim Attorney Center Foundation; Sumitchai Hattasarn, Lawyer and Director of Centre for the Protection and Revival of Local Community Rights; and Sanhawan Srisod, Legal Adviser of the ICJ.
The event was conducted in collaboration with Amnesty International Thailand; Cross Cultural Foundation; Human Rights Lawyers’ Association; Inter Mountain Peoples’ Education and Culture in Thailand Association (IMPECT); Legal Research and Development Center, Chiang Mai University; Office of the High Commissioner for Human Rights (OHCHR) Regional Office for South-East Asia; and Protection International.
Further reading
Thailand: ICJ co-hosts discussion on addressing extrajudicial killings
ICJ holds seminar at Chiang Mai University Thailand on the right to life and the duty to investigate
Dec 16, 2019 | News
The Indian Police Service and the paramilitary Central Reserve Police Force must desist from the use of unlawful force and ill-treatment against demonstrators protesting the Citizenship (Amendment) Act, the ICJ said today.
The Indian authorities must also hold police and other public officials accountable for the human rights violations arising from these police actions, the ICJ added.
“The violent tactics that police have used over the past several days in Delhi, Uttar Pradesh, and other Indian states must cease and the government must address the legitimate concerns raised by the public about the discriminatory impacts of both the Citizenship Amendment Act and National Register of Indian Citizenship,” said Frederick Rawski, ICJ Asia Pacific Director.
“Any officials who use excessive force, including the unlawful or disproportionate use of pellet guns or tear gas cannons against unarmed student protestors, must be fully and impartially investigated and held accountable for their actions,” he added.
In its operations policing the demonstrations, the ICJ called on the authorities to abide by Indian Constitutional guarantees and international legal obligations on human rights.
These protect persons from torture and ill-treatment and the rights to freedom of expression, association and assembly.
They also require that police refrain from using unnecessary and disproportionate force and never use potentially lethal force unless to protect against an imminent threat to life.
The ICJ also called on the authorities to ensure that any person detained not be subjected to torture or other ill-treatment; have prompt and confidential access to counsel; and that those injured or otherwise provided with access to medical services.
“The police need to respond to prevent acts of violence, but they must use force only when strictly necessary. Potentially lethal force is only justifiably employed in self-defence or in defence of others against an imminent threat of death or serious injury,” said Rawski.
“If arrests need to be made, they must be done without exception in accordance with the law, respecting the rights of detainees to have access to legal counsel, to be free of torture and other ill-treatment of any kind, and to receive needed medical treatment,” he added.
The ICJ said that the authorities must undertake prompt, independent, impartial and thorough investigation of all allegations of unlawful use of force, with a view to holding accountable any responsible authorities and providing an effective remedy and reparation to victims.
Background
In response to the passage of the Citizenship (Amendment) Act, 2019, protests erupted all over the country, including in Assam, Tripura, Meghalaya, Arunachal Pradesh, Delhi, West Bengal, Kerala, and Hyderabad.
In Delhi and Uttar Pradesh, yesterday, members of the police and Central Reserve Police Force forced their way onto the campuses of Jamia Milia University and the Aligarh Muslim University in response to protests against the Citizenship (Amendment) Act, 2019.
At Jamia Milia University, the police and Central Reserve Police Force used tear gas cannons upon students who had been reportedly protesting peacefully. Police entered the university library and beat students who were there studying for their exams. The police detained (and subsequently released) some 50 students. Some reported being beaten while in detention, held for over six hours in a locked police station, and denied access to lawyers and family. Medical attention was also reportedly denied to some injured students.
At Aligarh Muslim University, the police and Central Reserve Police Force reportedly demolished the gates, and used tear gas, pellet guns, and lathi (wooden sticks) charge. They were said to have entered student hostels, wherein they reportedly caused damage to one room which had students inside it. According to a lawyer at the University, at least one’s student whereabouts is unknown and some 50 students and others have reported been injured, some severely. Some were reportedly taken to the hospital by the police.
The Citizenship (amendment) Act, 2019 amends the Citizenship Act, 1955, which governs questions of citizenship and aspects of lawfulness of migration status in India. The Act gives protected status to Hindu, Sikh, Jain, Parsi, Buddhist and Christian migrants from Pakistan, Afghanistan and Bangladesh, all Muslim-majority countries, who entered India on or before 31 December 2014. Similarly situated Muslims are categorized as “illegal migrants”.
The Bill provides to the above-mentioned religious communities and countries an expedited route of citizenship giving them the opportunity to be eligible for citizenship by naturalization if they have lived or worked in India for six years, as opposed to twelve years, as otherwise required. The Bill controversially excludes from its ambit certain ethnic and religious groups, such as Muslims, in violation of international law and standards protecting against discrimination.
To download the full statement with additional background information, click here.
Contact
Maitreyi Gupta, ICJ India Legal Adviser, t: +91 77 560 28369 e: maitreyi.gupta(a)icj.org
Frederick Rawski, ICJ Asia-Pacific Director, t: +66 64 478 1121; e: frederick.rawski(a)icj.org
