Jul 26, 2018 | News
From 24 to 26 July 2018, the ICJ co-hosted a workshop for authorities from Thailand, Cambodia, and Myanmar.
The theme of the workshop was on conducting investigations of potentially unlawful deaths and enforced disappearance in accordance with international human rights law and standards.
The workshop was co-hosted with Thailand’s Ministry of Justice, the United Nations Office of the High Commissioner for Human Rights (OHCHR) and the New Zealand Embassy in Bangkok.
The participants included 25 criminal investigators, public prosecutors and representatives of the Cambodian Ministry of Justice and the Thai Ministry of Justice.
The event commenced with opening remarks by James Andersen, Deputy Head of Mission, Embassy of New Zealand in Bangkok; Aim-orn Siangyai, Deputy Director General of Thailand’s Rights and Liberties Protection Department, Ministry of Justice; Frederick Rawski, Asia Pacific Regional Director, ICJ; and Shivani Verma, Human Rights Officer, OHCHR Regional Office for South-East Asia.
Kingsley Abbott, Senior Legal Adviser at the ICJ, gave a summary of the international human rights legal framework that applies to the investigation of unlawful deaths and enforced disappearance.
He then provided an outline of the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), which was launched in Thailand on 25 May 2017 and which formed the core of the materials used at the workshop.
Other speakers included Glenn Williams, Detective Inspector, Field Crime Manager, New Zealand Police National Headquarters, who addressed the investigation process including crime scene management; Sean Buckley, International Investigator, who addressed witness interviews; Shivani Verma of the Office of the High Commissioner for Human Rights who addressed Witness Protection; and Dr. Pornthip Rojanasunan, Adviser of Thailand’s Central Institute of Forensic Science (CIFS), who addressed the issue of forensic pathology.
This workshop followed three workshops the ICJ co-hosted between 5 to 8 December 2017 and 30 May to 1 June 2018 in Thailand on the investigation of potentially unlawful deaths and enforced disappearance for lawyers from Thailand and India, academics and State authorities from Thailand, Cambodia, Myanmar and Nepal.
Contact
Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Regional Office, t: +66 94 470 1345, e: kingsley.abbott(a)icj.org
Jul 24, 2018 | Events, News
On 22 and 23 July the ICJ convened a workshop on Business, the Environment and Human Rights Law in Taunggyi, the capital of Myanmar’s Shan State.
This followed meetings between the ICJ’s legal advisers and the Shan State High Court and also with the State Advocate General on 13 July, to discuss rule of law developments.
The workshop aimed to identify ways to address the impacts of business activities on human rights and the environment, through legal advocacy including strategic litigation, and to provide a forum for cooperation and experience sharing among participants.
More than 50 lawyers, parliamentarians, human rights defenders and civil society representatives attended from Shan, Kayah and Mon states – provinces that together border Thailand, Laos and China.
An overview of the investment context was provided by Dr Myint Zaw of Paung Ku Myanmar, who also shared lessons from environmental activism in Myanmar.
As well as highlighting weaknesses in domestic law and policy, he presented concerns around lack of transparency and information sharing between the legislature and executive branches of government.
Australian lawyer and ICJ consultant Mae Tanner gave an overview of international human rights law and standards relevant to business activities and environmental protection, particularly emphasizing the obligations assumed by Myanmar in ratifying the International Covenant on Economic, Social and Cultural Rights.
She offered insights as to how UN mechanisms can be used by civil society to advance their advocacy on business and human rights in Myanmar.
Senior Advocate U Myint Thwin drew on his extensive litigation experience to share perspectives on the complex and confusing array of land laws in Myanmar and emphasized the importance of legal knowledge and training to combat corruption and achieve accountability.
The ICJ’s legal adviser Mr Sean Bain outlined the domestic laws relevant to investment and environmental protection in Myanmar and highlighted some key provisions that offer protection against human rights violations and abuses.
He noted the government’s stated aim of promoting the rule of law in Myanmar and emphasized the importance of demanding accountability, transparency and justice in this context.
Amarin Saichan, lawyer with Thai NGO EnLAW, shared experiences of pursuing strategic litigation to address unlawful and harmful business activities in Thailand, stressing the need for creativity in using the law to seek justice and accountability.
He also raised concerns around the use by government of strategic litigation against public participation in Thailand and explained how Thai lawyers are using the courts to guarantee the right protest against harmful development projects.
Participants had the opportunity to discuss how the strategies they shared could be used in the context of issues faced by their communities.
These included human rights and environmental concerns raised by energy and extractive projects, restrictions on shifting agriculture, and violations of the right to freedom of expression and assembly faced by communities who oppose state-backed developments.
They considered advocacy strategies for four case studies selected by participants from across Shan, Kayah and Mon states.
Throughout the workshop speakers and participants highlighted the importance of cooperation between civil society and lawyers, and the need to use Myanmar’s legal system more proactively as part of their broader advocacy strategies.
This workshop is part of the ICJ’s ongoing support to lawyers and civil society in Myanmar.
Jul 24, 2018 | Advocacy, Open letters
The ICJ has submitted recommendations to Thailand’s Criminal Justice Reform Committee concerning the Draft Amending Criminal Procedure Code Act and the Draft Act On Judicial Process Timeframe, which were scheduled for public consultation today.
The ICJ welcomed the Criminal Justice Reform Committee’s efforts to enhance the effectiveness and fairness of the criminal justice system in Thailand, through proposed amendments to Thailand’s Criminal Procedure Code B.E. 2551 (2008) and the Judicial Process Timeframe Act.
The ICJ noted, however, that modifications would be necessary to some of these amendments to ensure they optimally served the ends of justice and were in conformity with international standards.
In particular, the ICJ commended the Committee’s inclusion within the Draft Amending Criminal Procedure Code Act of the following provisions and made recommendations as to how these provisions could be further strengthened:
- Section 13/1. Video and audio recordings of arrests and/or searches
- Section 13/2. Prohibitions against violation of the presumption of innocence
- Sections 121/2, 123 and 124/2. Lodging of criminal complaint with the public prosecutor, at any location and through email or other online medium
- Section 136. Video and audio recordings of inquiry or interrogation
- Section 161/1. Right of the court to dismiss a case where it is filed in bad faith or with misrepresentation of facts in order to harass or take advantage of a defendant
- Section 165/1. Allowing the defendant to submit a defence plea and produce supporting evidence in court
- Section 179/1. Trial in absentia
Contact
Kingsley Abbott, ICJ Senior Legal Adviser, e: kingsley.abbott(a)icj.org
Full letter in English (PDF): Thailand-CPC-Amendments-Advocacy-Open-letters-2018-ENG
Full letter in Thai (PDF): Thailand-CPC-Amendments-Advocacy-Open-letters-2018-THA.pdf
Jul 15, 2018 | News
On 14 July 2018, the ICJ co-organized a discussion on extrajudicial killings in Thailand, focusing on the cases of Chaiyaphum Pasae and Abe Saemu.
The discussion was held at the Student Christian Centre in Bangkok.
Chaiyaphum Pasae, a Lahu youth activist, was killed by a military officer in the Chiang Dao district of Thailand’s northern Chiang Mai province in March 2017. The killing took place during an attempt to arrest him as an alleged drug suspect. Officials claimed Chaiyaphum Pasae had resisted arrest and was subsequently shot in “an act of self-defence”.
Abe Saemu, from the Lisu hill tribe, was killed by a military officer in February 2017 in the Chiang Dao district of Chiang Mai province in an attempt to arrest him on allegations of drug coffences. Officials claimed Abe Saemu had resisted arrest and was killed in “self-defence”.
During the discussion, ICJ’s National Legal Adviser Sanhawan Srisod addressed the audience to set out the international law and standards that apply to investigating potentially unlawful deaths, including the rights of victims and family members, referring to the standards set out in the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), which was launched in Thailand on 25 May 2017.
Participants in the event included members of the families of Chaiyaphum Pasae and Abe Saemu, the lawyers in both of their cases, interested members of the public, media representatives, students and academics.
The discussion opened with an art exhibition and Lahu dance show by the Save Lahu group. Human Rights Commissioner Angkhana Neelapaijit then made a presentation on challenges in seeking accountability for extrajudicial killings in Thailand.
A panel discussion on the latest updates in the cases of Chaiyaphum Pasae and Abe Saemu followed, moderated by Pranom Somwong from Protection International.
The panel included relatives of Chaiyaphum Pasae and Abe Saemu; Ratsada Manuratsada, a lawyer representing the families in both cases and Krissada Ngamsiljamras, a representative from the National Human Rights Commission of Thailand.
A second panel considered challenges on the administration of criminal justice in the context of unlawful deaths.
Moderated by Pratubjit Neelapaijit of UN Office of the High Commissioner for Human Rights, the panel included Malee Sittikreangkrai (Chiang Mai University); Sumitchai Hattasan (Human Rights Lawyers’ Association); Namtae Meeboonsalang (Provincial Chief Public Prosecutor, Office of the Attorney-General); Kritin Meewutsom (Forensic doctor, Ranong Hospital); and Sanhawan Srisod (ICJ).
The event was conducted in collaboration with Cross Cultural Foundation (CrCF); Protection International (PI); UN OHCHR; Human Rights Lawyers’ Association (HRLA); Thai Volunteer Services (TVS); Dinsorsee Creative Group; Center for Ethnic Studies and Development, Chiang Mai University (CESD); Legal Research and Development Center, Chiang Mai University (LRDC) and Network of Indigenous Peoples in Thailand (NIPT).
Contact
Kingsley Abbott, Senior Legal Adviser, ICJ Asia Pacific Regional Office, kingsley.abbott(a)icj.org
Jul 13, 2018 | News
The Sri Lankan Government should reconsider and reverse its decision to bring back the death penalty for drug related offences, the ICJ said today.
On 10 July, the Sri Lankan Cabinet unanimously approved an action plan to implement the death penalty for “drug smugglers”.
According to the spokesperson of the Cabinet, 19 people convicted for “large scale drug offences” who “are still involved in drug trafficking…from within prisons” would initially be those initially designated for execution.
Sri Lanka has had a moratorium on the death penalty for over four decades.
The last execution carried out in the country was in 1976.
“The resumption of executions of convicted drug offenders would constitute a violation of the right to life under international law,” said Ian Seiderman, ICJ’s Legal and Policy Director.
”And, based on experience around the globe, it will not in any way serve the purported objective of tackling the problems of drug-related crime in Sri Lanka,” he added.
Article 6 of the International Covenant on Civil and Political Rights (ICCPR), which Sri Lanka acceded to in 1980, guarantees the right to life and requires that states that have not yet abolished the death penalty must restrict capital punishment to only the “most serious crimes”.
The UN Human Rights Committee, the supervisory body for the ICCPR, considers that the death penalty may never be used for drug offences.
The extraordinarily retrograde measure of resuming executions following a 42-year moratorium would also constitute a violation of article 6, which contemplates at least progressive movement towards abolition.
The UN General Assembly has repeatedly adopted resolutions emphasizing that that the use of the death penalty undermines human dignity and calling on those countries that maintain the death penalty to establish a moratorium on its use with a view to its abolition.
In 2016, an overwhelming majority of 117 UN Member States – including Sri Lanka – voted in favor of a worldwide moratorium on executions as a step towards abolition of the death penalty.
“At least 150 countries have now either abolished the death penalty in law or practice,” added Seiderman.
The ICJ considers the death penalty to be a violation to the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.
The ICJ urges Sri Lanka to reinstate its moratorium on executions and take steps towards taking all necessary measures to abolish the death penalty.
Contact:
Ian Seiderman, ICJ’s Legal and Policy Director, email: ian.seiderman(a)icj.org
Reema Omer, ICJ’s International Legal Advisor, South Asia, email: reema.omer(a)icj.org
