Nov 25, 2014 | Advocacy, Analysis briefs, News
Bangladesh must immediately launch a thorough investigation into alleged attacks on a prominent human rights lawyer, the ICJ said today. The government appears to have taken no real action in the year since the events.
Rabindra Ghosh (photo), advocate at the Supreme Court of Bangladesh and President of the non-governmental organization Bangladesh Minority Watch, has made credible allegations that he was subjected to acts of violence, intimidation and other interference with his functioning as a lawyer.
”The authorities in Bangladesh seem not to have taken Rabindra Ghosh’s allegations seriously, in breach of international standards,” said Matt Pollard, head of ICJ’s Centre for the Independence of Judges and Lawyers. “In addition to his complaints, our own letters to the authorities simply went unanswered.”
Rabindra Ghosh, among other incidents, alleges that he was physically attacked by six of his peers on 25 November 2013, while he was at work in the Gopalgonj District Court.
He further alleges that on 14 January 2014 he was subjected to physical violence, threats, and verbal abuse at the hands of police officers.
He reports that there has been no substantive investigation of his complaints and that he has received no response from the responsible authorities.
“Lawyers play an essential role in protecting human rights and the proper administration of justice,” Pollard added. “International standards require State authorities to prevent attacks and harassment of lawyers and to take effective measures to protect their security.”
The ICJ requested the Prime Minister, the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Home Affairs and the President of the Bar Association to provide further information and a response to these allegations, but has received no response.
In addition to its call on the authorities of Bangladesh to immediately launch a thorough and independent investigation of the allegations made by Rabindra Ghosh, the ICJ calls on the authorities to take concrete measures to ensure that he and other lawyers are able to discharge their professional duties without any interference or intimidation of any kind. If the investigation confirms the allegations, those responsible must be held accountable.
“The ICJ has observed a general erosion of the rule of law and respect for the ability of lawyers to carry out their duties in Bangladesh,” said Pollard. “Lawyers play a crucial role in ensuring that people whose rights have been violated can demand their right to a remedy. When lawyers themselves become victims simply for carrying out their work, it signals a serious problem for the legal system.”
Rabindra Ghosh’s allegations come against the backdrop of a series of recent attacks on human rights defenders in Bangladesh, including among others the harassment of human rights defenders including Adilur Rahman Khan, secretary of Odhikar; the promulgation of a constitutional amendment that empowers the Parliament to impeach Supreme Court judges; and the amendment of the Information and Communication Technology Act, which is being used to assault freedom of expression and freedom from arbitrary detention.
Contact:
Matt Pollard, ICJ Senior Legal Adviser, +41 22 979 3812, matt.pollard(a)icj.org
A brief background note on the case is available here in PDF:
Bangladesh-Ghosh backgrounder-Advocacy-2014-ENG
Nov 3, 2014 | News
The ICJ deplores that in less than a week, Bangladesh courts ordered the death penalty in three cases. All three condemned men are leaders of the Jamaat-e-Islami, the country’s largest Islamist party and an ally of the main opposition party, Bangladesh Nationalist Party.
Oct 7, 2014 | Multimedia items, News, Video clips
Alejandra Ancheita, founder and Executive Director of ProDESC, is one of the pioneers in seeking accountability for transnational companies in Mexican courts when local communities’ rights are not taken into account.
Alejandra Ancheita has worked with migrants, workers, and indigenous communities for over 15 years to protect their land and labour rights vis a vis transnational mining and energy companies.
These disputes have included violent attacks on those she is trying to protect.
In Mexico, there is a clear pattern of attacks, threats, criminalization, and murders of human rights defenders.
Alejandra Ancheita and ProDESC have been subjected to surveillance, a defamation campaign in the national media, and a break in at their offices.
“This recognition calls attention to the increasing violence being suffered by human rights defenders in Mexico, particularly women defenders,” she said. “I hope that it will provide better conditions and increased security not just for me, but for all human rights defenders in my country.”
“The ICJ is extremely pleased by the decision to pay tribute to the work of Alejandra Ancheita, not only because of her outstanding commitment and courage as an individual, but also because of the recognition that this award will provide to the area of human rights work that she has been dedicating herself to for many years,” said Olivier van Bogaert, ICJ Director of Media and Communications, and ICJ Representative on the MEA Jury.
The ICJ which also developed a longstanding work on economic, social and cultural rights, and on business and human rights, will devote the 2014 edition of its Geneva Forum for judges and lawyers to the role of courts in protecting economic, social and cultural rights.
The two other finalists, Cao Shunli (China) and Adilur Rahman Khan (Bangladesh), received Martin Ennals Prizes.
Cao Shunli, who died in in detention in March 14th after being denied medical attention for known health conditions had vigorously advocated for access to information, freedom of speech, and freedom of assembly.
She disappeared in September 2013 shortly before boarding a flight order to participate in the Human Rights Council.
Chinese authorities only acknowledged her detention months later.
A special foundation is planned in her honor.
Since the 1990’s, Adilur Rahman Khan worked on a wide range of human rights issues, such as illegal detention, enforced disappearances, and extra-judicial killings.
Personally he is facing criminal prosecution for documenting the extrajudicial deaths of 61 people during demonstrations against the government.
His organization, Odhikar, is one of the few independent voices left in Bangladesh.
It is facing closure as donor funds destined for Odhikar are being blocked by the Prime Minister’s Office.
The “Nobel Prize of Human Rights”, the Martin Ennals Award for Human Rights Defenders (MEA) is a unique collaboration among ten of the world’s leading human rights organizations to give protection to human rights defenders worldwide.
Strongly supported by the City of Geneva, the award is given to Human Rights Defenders who have shown deep commitment and face great personal risk. Its aim is to provide protection through international recognition.
The Jury is composed of the following NGOs: ICJ, Amnesty International, Human Rights Watch, Human Rights First, Int’l Federation for Human Rights, World Organisation Against Torture, Front Line Defenders, EWDE Germany, International Service for Human Rights, and HURIDOCS.
Contact:
Michael Khambatta, Director Martin Ennals Foundation, t: +41 79 474 8208, e: khambatta(a)martinennalsaward.org
Olivier van Bogaert, ICJ Director of Media and Communications, and ICJ Representative on the MEA Jury, t: +41 22 979 38 08, e: olivier.vanbogaert(a)icj.org
Multimedia gallery:
Livestreaming of the Martin Annals Award 2014 Ceremony
Alejandra Acheita film:
Cao Shunli film:
Adilur Rahman Kahn film:
Sep 24, 2014 | News
The ICJ expressed concern at the promulgation of a constitutional amendment that empowers the Bangladesh Parliament to impeach judges of the Supreme Court.
The ICJ urges the Government to ensure the impeachment provision meets its obligations under the International Covenant on Civil and Political Rights and international standards on the independence of the judiciary.
“Parliament must prescribe adequate safeguards to ensure the newly enacted impeachment provision meets international standards for protecting the independence of the judiciary and the right to a fair trial,” said Sam Zarifi, ICJ’s Director for Asia and the Pacific. “Without such safeguards, the looming fear of arbitrary and politically motivated impeachment would create an environment in which judges would be unable to exercise their judicial functions independently and impartially, especially in cases involving the Government.”
On 22 September 2014, President Abdul Hameed gave his assent to the 16th constitutional amendment, which was passed unanimously by the Bangladeshi Parliament on 17 September 2014.
The amendment empowers Parliament to impeach judges of the Supreme Court on the grounds of “proven misbehavior or incapacity” by passing a resolution supported by at least a two-third majority of parliamentarians.
To exercise this power, Parliament has to first pass a law to regulate the procedure in relation to investigation and proof of the misbehavior or incapacity of a judge that would lead to an impeachment.
International standards on the independence of the judiciary, including the UN Basic Principles on the Independence of the Judiciary, the Commonwealth Principles on the Accountability of and the Relationship between the Three branches of Government, and the Beijing Statement of Principles of the Independence of the Judiciary, stipulate that judges shall be subject to suspension or removal only for “reasons of incapacity or behavior that renders them unfit to discharge their duties”.
The phrase “proven misbehavior or incapacity” in the Bangladeshi amendment will have to be interpreted and applied in line with this relatively high threshold.
“Impeachment of judges must be an exceptional measure, reserved for cases of gross misconduct,” said Zarifi. “Unless Parliament takes great care to ensure the law regulating and clarifying the impeachment procedure follows international law and standards on the removal of judges, the constitutional amendment can only be interpreted as an assault on the independence of the judiciary.”
Any removal proceedings must meet international standards on fair trial and due process.
A judge at risk of being disciplined or removed must be accorded the right to be fully informed of the charges; the right to be represented at the hearing by council of choice; the right to make a full defense; and the right to be judged by an independent and impartial tribunal.
“The actions that Parliament might take under the impeachment amendment are particularly worrying given the Awami League Government’s recent record of passing a series of regressive laws and policies relating to human rights,” added Zarifi. “After clamping down on the operation of civil society groups and restricting freedom of expression of the media and human rights defenders, it appears that the Government is now looking to target the judiciary.”
An independent and impartial judiciary is central to the protection of human rights and the rule of law.
The ICJ therefore urges the Bangladesh Parliament to safeguard judicial independence by ensuring that the laws governing the impeachment procedure meet international law and standards on the independence of the judiciary and the right to a fair trial.
Contact:
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Reema Omer, ICJ International Legal Adviser (London), t: +44 7889565691; e: reema.omer(a)icj.org
Jun 20, 2014 | Events
The ICJ’s International Legal Adviser, Reema Omer, participated in a panel discussion on ‘Rule of Law in Bangladesh’, convened on 19 June 2014 in the margins of the Human Rights Council’s 26th regular session in Geneva.
The event was co-sponsored by the Asian Legal Resource Centre, CIVICUS, FIDH, OMCT and Human Rights Watch and was moderated by Mr Mandeep Tiwana, Head of Policy and Research for CIVICUS. Panelists included Mr Adilur Rahman Khan, Secretary of Odhikar; Mr M.D. Ashrafuzzaman, Urgent Appeals Programme Coordinator of the Asian Legal Resource Centre; Mr Gerald Staberock, Secretary General of OMCT; and Ms Reema Omer, International Legal Adviser of the ICJ’s Asia Pacific Regional Programme.
The ICJ’s intervention focussed on the incompatibility of the Bangladesh Information and Communication Technology Act 2006 (ICTA) and its 2013 amendments with international human rights law and standards. Based on the ICJ’s briefing paper on the ICTA from November 2013, and referring to recent cases, Reema Omer highlighted how the Act and its amendments amount to an assault on the freedom of expression and a stifling of public discourse. Her intervention also spoke of the judiciary’s responsibility to prevent such attacks on freedom of expression.
Bangladesh-ICT-Brief-2013 (download the ICJ’s briefing paper on the ICTA)
ICJ press release of 20 November 2013 concerning the ICTA
