Aug 27, 2019 | News
Following the killing of an Afghan boy in the Moria reception center in Greece, the ICJ calls on the Greek authorities to effectively implement measures of protection prescribed to Greece this May by the European Committee on Social Rights.
According to information by the UN High Commissioner for refugees, the 15-year-old Afghan boy was killed and two other boys injured after a fight broke out at the Moria reception centre on the Greek island of Lesvos.
The safe area at the Moria Reception and Identification Centre, RIC, hosts nearly 70 unaccompanied children, but more than 500 other boys and girls are staying in various parts of the overcrowded facility without a guardian and exposed to exploitation and abuse.
“This is not a situation unique to Moria. In other parts of Greek islands and also on mainland Greece human rights of migrant children are being violated,” said Karolína Babická, ICJ Legal Adviser.
Security of children as well as access to basic needs, such as appropriate shelter, food water or medical care, were the focus of a recent case the ICJ brought together with ECRE and Greek Council for Refugees (GCR) to the European Committee on Social Rights (ECSR).
The ECSR acknowledged the urgency of the situation and decided on immediate measures in the case already on 23 May 2019.
“It is unacceptable that the decision on interim measures has not yet been implemented by the Greek government and now we have to witness such tragic events like a death of a child in the camp,” said Karolína Babická.
“It is a sad wake-up call to the Greek administration that the situation cannot remain like this,” she added.
In its decision, the Committee members required the Greek government to immediately provide migrant children with appropriate shelter, food, water, education and medical care; to remove unaccompanied migrant children from detention and from Reception and Identification Centers (RICs) at the borders, place them in suitable accommodation for their age and appoint effective guardians.
“Greece must urgently bring those children to safety and make sure their basic needs are met and human rights are protected, in order to comply with its international legal obligations,” said Róisín Pillay, ICJ Europe and Central Asia Programme Director.
Contact:
Karolína Babická, Legal Adviser, ICJ Europe and Central Asia Programme, m +32 475 46 2067 ; e: Karolina.Babicka(a)icj.org
Aug 27, 2019 | News
The ICJ welcomes yesterday’s ratification by Uzbekistan of the CIS Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters 2002, also called the Chisinau Convention. The law on ratification was signed by President Shavkat Mirziyoyev.
The ICJ calls on the Uzbek authorities to take measures to make the Convention’s protective guarantees effective.
“This is a major step forward by Uzbekistan to get its extradition system up to standard with the rest of the world”, said Massimo Frigo, ICJ Senior Legal Adviser. “. “Its ratification of this treaty considerably steps up human rights guarantees in extradition.”
The Chisinau Convention enshrines several human rights guarantees to protect against extraditions that may breach the human rights of the transferred person, including the prohibition to transfer persons where they risk the death penalty or torture or cruel, inhuman and degrading treatment.
“The ratification of the Convention is a very important first step. An effective implementation of these guarantees in the legal and law enforcement systems is necessary now.” said Dmitry Nurumov, ICJ Central Asia Legal Consultant.
Background
Last May, the ICJ held, together with the General Prosecutor’s Office of Uzbekistan, UNODC Regional Office for Central Asia and the Regional Office for Central Asia of OHCHR, a regional and a national seminar on comparative practices in extradition in the CIS and European legal systems, including with regard to human rights guarantees in these procedures.
In 2017, the ICJ issued a report documenting the shortcomings in the Russian Federation, Central Asia and European countries in their extradition systems and other transfer procedures.
The ratification by Uzbekistan of the Chisinau Convention meets part of the recommendations formulated by the ICJ in these occasions.
Contact:
Massimo Frigo, Senior Legal Adviser, e: massimo.frigo(a)icj.org , t: +41229793805
Aug 22, 2019 | News
The ICJ calls on the Ukrainian authorities to investigate the murder of lawyer Olexandr Ivanov, killed today with an automatic weapon near SIZO (Pre-trial Dentention Centre) №6 in Kropyvnytskyi.
The shooting was carried out from a car by unknown persons. The lawyer died on the spot. Another person injured in the incident was hospitalized in critical condition.
“The killing of lawyer Oleksandr Ivanov must be independently, promptly, and thoroughly investigated and the perpetrators brought to justice,” said Temur Shakirov, ICJ Senior Legal Adviser.
“Such crimes strip any legal reforms of their positive impact if lawyers’ life is always in danger when exercising their functions,” he added.
The police have confirmed the occurrence of the killing and initiated an investigation preliminarily qualified as intentional murder under article 115-2 of the Criminal Code of Ukraine.
The Ukrainian National Bar Association (UNBA) is planning to convene an emergency meeting of the Committee on Protection of Lawyers Rights and Professional Guarantees. The UNBA has also referred to the leadership of regional prosecution and police authorities to bring the case under personal control.
“During its recent mission to Ukraine the ICJ heard of cases of killings of lawyers and this case demonstrates that little progress has been achieved in addressing the security of lawyers in Ukraine,” said Shakirov.
Additional information:
International human rights law, including the European Convention on Human Rights to which Ukraine is a party, requires that states take steps to protect the life and physical integrity of persons who they know or ought to know are at real risk of violence.
According to the UN Basic Principles on the Role of Lawyers, governments must ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference (principle 16). The UN Basic Principles specify that “[w]here the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities” (principle 17).
Aug 19, 2019 | Advocacy, Cases, Legal submissions
The International Commission of Jurists, the Turkey Human Rights Litigation Support Project and Human Rights Watch have jointly intervened before the European Court of Human Rights in the case of Taner Kiliç, former Chair of the Board of Amnesty International Turkey.
Taner Kiliç is a Turkish human rights defenders. He had been Chair of the Board of Amnesty International Turkey since 2014.
He was arrested on 6 June 2017 on reportedly unsubstantiated charges of “membership of a terrorist organisation” and was released on bail on 15 August 2018 after having spent 14 months in detention.
His case before the European Court of Human Rights challenges the lawfulness of his pre-trial and on remand detention, the violations of his right to judicial review of his detention, and of his freedom of expression and association, considering his arrest linked to his work as leader of a NGO.
As the interveners have written to the Court, this case epitomises some of the most fundamental human rights challenges in Turkey today.
These involve widely documented restrictions on freedom of expression, association, and assembly of human rights defenders (HRDs) and rapidly closing civil society space.
The interveners have submitted observations on:
- the factual context in respect of the situation facing HRDs in Turkey;
- international standards governing obligations towards HRDs of relevance to the Court’s interpretation of the European Convention on Human Rights, including the limits prescribed by Article 18;
- key principles necessary for a rule of law approach to the application of the criminal law, against the legal and practical pattern of excessive resort to criminal law against HRDs in Turkey today.
Turkey-ECtHR-icj&others-Kilic-Advocacy-legal submission-2019-ENG (download the third party intervention)
Photo credit: Amnesty International
Aug 8, 2019 | News
The ICJ called today on Italy and Malta to cooperate to swiftly provide a place of safety for the disembarkment of the 121 migrants, likely including asylum seekers, on board the Open Arms vessel.
Open Arms rescued 123 people that left Libya and were on a situation of distress in international waters, and has been navigating seven days on the Central Mediterranean Sea in search of a place of safety for disembarkment.
Currently Italy and Malta (the nearest States) and Spain (the flag State) have not granted access to their territorial waters.
“When a boat is conducting an operation of rescue it is the duty under international law for neighbouring States to provide a place of safety,” said Massimo Frigo, ICJ Senior Legal Adviser.
“The situation on the boat, with also 30 children and two babies, is rapidly deteriorating and it is of the utmost urgency to allow for their disembarkment,” he added.
“The refusals and lack of cooperation by Italy, Malta and Spain is in contravention of their obligations under the law of the sea,” said Frigo.
“These States should open their harbours and the EU should work hard to ensure that resettlement is ensured so as to relieve pressure from them.”
Relevant provisions of international law include: UN Convention on the Law of the Sea (Article 98); International Convention for the Safety of Life at Sea (SOLAS), Annex, Chapter V; International Convention on Maritime Search and Rescue.
Contact:
Massimo Frigo, ICJ Senior Legal Adviser, t:+41 22 979 3805 ; e: massimo.frigo(a)icj.org
