Mar 22, 2018 | Advocacy, Non-legal submissions
The ICJ today highlighted at the UN the need for further action to address impunity in Sri Lanka and in Colombia.
The statement, delivered in a general debate at the UN Human Rights Council, responded to UN reports on Sri Lanka and Colombia, and read as follows:
Sri Lanka has not made sufficient progress on its commitments and obligations as reflected in Council resolution 30/1. Among the mechanisms contemplated, only the Office on Missing Persons (OMP) is operational. The process for establishing the other mechanisms, and the extent to which their composition will be based on the broad national public consultations carried out in 2016, remains unclear. The ICJ reiterates that, in line with operative paragraph 6 of resolution 30/1, the accountability mechanism cannot be seen as credible without involvement of international judges, prosecutors and investigators.
Furthermore, despite promises to repeal the Prevention of Terrorism Act (PTA), arrests still take place. As the High Commissioner recommended, the PTA should be promptly repealed without waiting for replacement legislation. Any proposed counterterrorism law must comply with international human rights standards.
In Colombia, the ICJ shares OHCHR’s deep concern about the exclusion of non-military State agents and private individuals from the scope of mandatory application of the Integrated System of Justice, Truth, Reparations and Guarantees of Non-repetition (per paragraph 90 of the Report). Furthermore, four months of unjustified delay by the Government in accrediting the new representative of the OHCHR Office, which ended only yesterday, undermined the ability of the Office to provide adequate technical assistance to guarantee victims’ rights in the Integrated System, as provided for by the Peace Agreement.”
[Paragraph 6 of Human Rights Council resolution 30/1 provides that the Council, “Welcomes the recognition by the Government of Sri Lanka that accountability is essential to uphold the rule of law and to build confidence in the people of all communities of Sri Lanka in the justice system, notes with appreciation the proposal of the Government of Sri Lanka to establish a judicial mechanism with a special counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law, as applicable; affirms that a credible justice process should include independent judicial and prosecutorial institutions led by individuals known for their integrity and impartiality; and also affirms in this regard the importance of participation in a Sri Lankan judicial mechanism, including the special counsel’s office, of Commonwealth and other foreign judges, defence lawyers and authorized prosecutors and investigators;”]
Mar 19, 2018 | Advocacy, Non-legal submissions
The ICJ spoke at the UN today on concerns about a resurgence of communal violence, and a failure to implement reconciliation and justice mechanisms, in Sri Lanka.
The statement, made during the adoption of the outcome of the Universal Periodic Review for Sri Lanka by the Human Rights Council, read as follows:
“The International Commission of Jurists (ICJ) welcomes the report of the Working Group on the Universal Periodic Review (UPR) on Sri Lanka.
Sri Lanka has stated that it maintains zero tolerance for hate speech and religious violence, and that the National Human Rights Action Plan 2017–2021 contains a firm commitment to enforce section 3(1) of the ICCPR Act. The ICJ further notes that a circular was issued requiring all police officers to take immediate action in this regard. Despite these commitments, recent events demonstrate renewed conflict owing to communal violence directed at the Muslim minority. A state of emergency was proclaimed on 6 March following inaction from law enforcement, and its inability to contain the violence, and emergency regulations were in operation until yesterday.
The ICJ urges the government to demonstrate through action, its willingness bring to account those who have incited communal violence, in line with the ICCPR Act and the commitments conveyed by His Excellency the Ambassador here today. Pervading impunity has emboldened perpetrators to incite violent hatred publicly. Justice must follow recent arrests, ensuring impartial and effective investigations and trials, in line with human rights.
The ICJ also notes the limited progress made on implementing HRC resolution 30/1. Of the reconciliation mechanisms promised, only the Office on Missing Persons is operational. There is little transparency with regards to the other proposed mechanisms (including the mechanism on accountability with involvement of international judges, prosecutors and investigators), or in relation to repeal and replacement of the Prevention of Terrorism Act. Any new counterterrorism law must comply with international human rights standards, and we welcome the Ambassador’s affirmation of the Government’s commitment to this today.
The ICJ urges Sri Lanka to accept and implement all relevant UPR recommendations without delay, before the opportunity for reform may be lost.”
Video of the ICJ statement is available here:
Video of the opening presentation by H.E. the Ambassador of Sri Lanka is available here:
Mar 19, 2018 | Advocacy, Non-legal submissions
The ICJ today delivered an oral statement at the UN calling on Pakistan to amend or repeal blasphemy laws, end military trials of civilians, and take effective measures against impunity.
The statement was delivered during the adoption of the Universal Period Review Outcome for Pakistan, at the UN Human Rights Council. It read as follows:
“The International Commission of Jurists (ICJ) regrets that Pakistan has not supported recommendations related to amending its blasphemy laws, ensuring its counter-terrorism measures are compatible with human rights, and combatting impunity for serious human rights violations.
Pakistan’s blasphemy laws are frequently misused; blatantly discriminate against minority religions and sects; infringe upon the rights to freedom of expression and religion; and give rise to serious fair trial concerns. The Government has failed to amend them in accordance with its international law obligations.
In January 2015, Pakistan empowered military courts to try people accused of terrorism-related offences. The ICJ has documented serious fair trials violations in the operation of military courts including: denial of the right to counsel of choice; failure to disclose the charges against the accused; denial of a public hearing; and a very high number of convictions based on ‘confessions’ without adequate safeguards against torture and other ill-treatment.
The Government has also failed to take steps to combat impunity for serious human rights violations such as extrajudicial killings, enforced disappearances, and torture and other ill-treatment, which are facilitated by laws such as the Actions (in aid of civil power) Regulation and other national security legislation.
Despite repeated commitments to do so, Pakistan has also not enacted legislation to recognize torture or enforced disappearance as a distinct, autonomous offence in its penal code.
The ICJ therefore urges the Government to reconsider, accept and implement UPR recommendations to:
- Ensure that military courts have no jurisdiction over civilians, including for terrorism-related offences;
- Repeal or amend all blasphemy laws, in line with international standards; and
- Ensure all perpetrators of serious human rights violations – including enforced disappearance and extrajudicial killings –are brought to justice.”
Video of the ICJ statement is available here:
Mar 16, 2018 | News
Today, Kingsley Abbott, ICJ’s Senior International Legal Adviser, gave the keynote address on the human rights and rule of law situation in Asia at the Asia News Network’s (ANN) international symposium on upcoming elections in Asia.
The event, held at a hotel in Bangkok, Thailand, was attended by nearly 300 diplomats, business leaders, academics and members of civil society.
ANN is an alliance of 24 leading media in 20 Asian countries.
The full speech can be downloaded here:
Asia-ANN Speech-News-web story-2018-ENG
Mar 15, 2018 | News
The ICJ called on the Government of Singapore to halt the impending execution of Hishamrudin bin Mohd, and take immediate steps to impose a moratorium on executions, with a view towards the abolition of the death penalty in the near future.
Hishamrudin bin Mohd, a Singaporean national, was sentenced to death in 2016, under mandatory sentencing laws, after being convicted of possessing drugs for the purpose of trafficking.
His execution is scheduled to take place on 16 March 2018.
The ICJ opposes the death penalty in all circumstances as a denial of the right to life and a form of cruel, inhuman and degrading punishment.
“Singapore, as this year’s Chair of the Association of Southeast Asian Nations, must use this opportunity to lead the way in the region in recognizing that the death penalty is inherently incompatible with human dignity and a violation of human rights,” Sam Zarifi, ICJ Secretary General said.
“Singapore should set an example to other ASEAN Member States in upholding the rule of law and protecting human rights,” he added.
Furthermore, the ICJ expressed serious concern that Singapore still applies the mandatory death penalty, including for drug offenses which, according to international standards does not the meet the threshold of “most serious crimes” to which the death penalty must be confined.
“States that have not yet abolished the death penalty should never apply them for drug offenses nor make them automatic,” Zarifi said.
The UN Special Rapporteurs on extrajudicial, summary or arbitrary executions have stated that under no circumstances should death penalty be mandatory.
International human rights law is undermined when mandatory death penalty is imposed since sentencing must reflect assessment of the factors in each case to ensure that the defendant’s human rights and the narrow limits on the use of death penalty have been respected.
The ICJ notes that the UN General Assembly has adopted repeated resolutions with the support of the overwhelming majority of States, most recently in December 2016 calling for an international moratorium on the use of death penalty with a view to abolition.
Presently, some 170 States around the world have either abolished the death penalty or put a moratorium to its use.
The UN Secretary General Antonio Guterres emphasized that “the death penalty has no place in the 21st century.”
Contact
Emerlynne Gil, Senior International Legal Adviser for Southeast Asia, t: +662 619 8477 (ext. 206); e: emerlynne.gil(a)icj.org
Background
Hishamrudin bin Mohd, a Singaporean national, was found guilty of possessing 34.94 grams of diamorphine, allegedly for the purpose of trafficking. His appeal was rejected on 3 July 2017 and his execution was scheduled on 16 March 2018.
The ICJ received information that Hishamrudin bin Mohd filed a last-minute application for judicial review on 12 March 2018 and a closed-door hearing was set on 14 March 2018. However, on 15 March 2018, the Court of Appeal denied his appeal.
