Mar 3, 2018 | Agendas, Events, News
Today begins in Istanbul (Turkey) a two-day training for lawyers and CSO practitioners representing and working with migrants, refugees and asylum-seekers.
This event is organized by ICJ, in cooperation with its partners Refugee Rights Turkey, the European Council on Refugees and Exiles (ECRE), Mülteci-Der (MD) and ICJ-EI, as part of the EU co-financed project Fostering Access to Rights for Migrants, Refugees and Asylum-Seekers in Turkey.
30 lawyers and civil society practitioners – representing nine different bar associations and relevant organisations from the Ankara area and other nearby key migration and asylum locations – are taking part in the training on 3 and 4 March.
The training aims to update lawyers and CSOs on the international and national law on the rights of refugees, migrants and asylum-seekers in order to be effective in their work at both the national and international levels. It aims at an effective implementation of the Turkish legal framework on asylum and migration.
The main thematic areas to be discussed will be the principle of non-refoulement, international protection, detention and access to economic, social and cultural rights.
The training will use as a basis the draft training materials prepared by the ICJ and its partners (to be published an the end of 2019) and, among other sources, the ICJ Practitioners Guide no. 6: Migration and International Human Rights Law.
The project “Fostering Access to Rights for Migrants, Refugees and Asylum-Seekers in Turkey” is funded by the European Instrument for Democracy and Human Rights (EIDHR) of the European Union.
Turkey-Training-Istanbul2-MigrationAsylum-Agenda-2018-tur (download the agenda in Turkish)
Mar 2, 2018 | Advocacy, Non-legal submissions
The ICJ today delivered an oral statement to the UN Human Rights Council urging it to take action on the situation in Eastern Ghouta in the Syrian Arab Republic.
The statement, which was made during an urgent debate at the UN Human Rights Council convened with a view to adoption of a resolution, read as follows:
“The International Commission of Jurists (ICJ) urges the Council to adopt a strong resolution today. The resolution should fully reflect the gravity, magnitude and character of the violations and abuses taking place, demand their immediate cessation, and set out specific measures for accountability of those responsible.
The ICJ highlighted these concerns in a statement one week ago. Every further day of delay costs lives. It is imperative that the Council act immediately and that the relevant forces move quickly to implement Security Council resolution 2401 and any resolution of the Human Rights Council. An immediate end to all attacks on civilians and civilian objects is paramount.
We welcome references to accountability, and urge the Council to explicitly call on States to make use of all means available in this regard, including in their national legal systems, as well as at the regional and international level.
All forces on the ground must respect international humanitarian law and human rights law and standards and be held accountable for failures in this regard. In particular, the Syrian Arab Republic and Russian Federation must comply with Security Council resolutions, ensure the effective protection of civilians, and create conditions in which rapid and unimpeded passage of humanitarian relief can actually take place.”
The Council did not complete the adoption of the resolution on 2 March, but ultimately did so on 5 March.
Mar 1, 2018 | Advocacy, Non-legal submissions
The ICJ today delivered an oral statement to the UN Human Rights Council, on attacks on lawyers and the legal profession in Turkey, Azerbaijan, Kazakhstan and China.
The statement, which was made during an interactive dialogue with the UN Special Rapporteur on human rights defenders and the UN Special Rapporteur on Torture, read as follows:
Our organizations welcome that the main report (A/HRC/37/51, para 13) and communications report (A/HRC/37/51/Add.1, e.g. paras 278-297, 431, 508-510) of the Special Rapporteur on Human Rights Defenders recognizes the role of lawyers as human rights defenders. In this regard, we would highlight the global problem of continued attacks on lawyers and threats to the independence of their profession, including for example as is well known in China (A/HRC/37/51/Add.1, paras 278-297), but also in Azerbaijan, Kazakhstan and Turkey.
In Azerbaijan, lawyers face criminal prosecution, suspension or disbarment for statements clearly constituting protected freedom of expression. The lack of independence of the Bar Association is a serious concern, even more so now that new legislation prohibits lawyers from representing clients before courts unless they become a member.
In Kazakhstan, a proposed new law threatens the independence of lawyers by providing for representatives of the executive to be included on disciplinary bodies of the legal profession, contrary to international standards.
Finally, the situation of lawyers in Turkey under the current state of emergency is of particular concern. In particular, echoing the recent statement of five UN special procedures mandate holders for his release, we expresses concern at the current detention of Taner Kılıç, lawyer and president of Amnesty International Turkey.
These arrests, trial and disbarments as well problematic legislative changes have a chilling effect on the work of lawyers. They undermine access to effective and independent legal assistance to protect human rights, in contravention of the rights of both the lawyers and their clients, including as mentioned in the report of the visit to Turkey by the Special Rapporteur on Torture (A/HRC/37/50/Add.1, paras 24, 26, 41, 63-66, 71, 101(d)(e)(h), 106(c)).
Our organizations urge the Council to address these worrying developments threatening the rule of law.
The following organizations joined the statement, in addition to the ICJ:
- International Bar Association’s Human Rights Institute (IBAHRI)
- Union Internationale des Avocats (UIA)
- Lawyers for Lawyers (L4L)
- the Law Society of England and Wales
- Lawyer’s Rights Watch Canada (LRWC), and
- the Bar Human Rights Committee of England and Wales (BHRC).
The statement can be downloaded in PDF format here: UN-HRC37-JointOralStatement-LawyersHRDsTorture-2018
Mar 1, 2018 | Events, News
This side event at the Human Rights Council takes place on Friday, 2 March, 10:00-11:30, room XXI of the Palais des Nations. It is organized by the World Organization Against Torture (OMCT) and co-sponsored by the ICJ.
On January 18 Turkey extended the state of emergency for the sixth time since it was initially imposed following a failed coup attempt in July 2016.
Current emergency measures grant highly discretionary powers to the executive and its administrative authorities in many areas, in derogation from human rights safeguards and rule of law principles, posing great challenges for the protection from torture.
On the occasion of the release of the Special Rapporteur on Torture’s country visit report on Turkey, this side-event, organized by the World Organisation Against Torture (OMCT) in partnership with Human Rights Watch (HRW) and the International Commission of Jurists (ICJ), aims to discuss the implications of the state of emergency on the fight against torture in Turkey and to provide recommendations to ensure that the emergency measures do not become permanent.
The panel discussion will be followed by a Q&A session with the public.
Panelists:
UN Special Rapporteur on Torture and Other Cruel, Inhuman, or Degrading Treatment
Human Rights Association in Turkey (IHD)/Euromed Rights’s Executive Committee Member
Senior Legal Adviser, International Commission of Jurists (ICJ)
Moderator:
Stella Anastasia
Human Rights Adviser World Organization Against Torture (OMCT)
Turkey – Protection from Torture – News – Events – 2018 – ENG (flyer in PDF)
Feb 28, 2018 | Uncategorized
The ICJ together with 22 civil society organisations and UN agencies call on EU decision makers in a joint statement not to use coercion against children in order to obtain fingerprints and other biometric data.
The new EURODAC proposal currently being considered by the European Commission, Council and Parliament expands the purpose of the current database of asylum applicants to facilitate the identification of “irregularly staying third country nationals” through the use of biometric data and it lowers the age at which a child must be registered from 14 to six.
The European institutions are discussing allowing national authorities to use coercion to obtain fingerprints and facial images of children.
The identification and registration of children contributes to their protection within and across borders.
This must be done in a child-sensitive and child protective manner and the best interests of the child must be a primary consideration in such matters, in accordance with Article 3 of the Convention on the Rights of the Child.
Coercion of children in any manner or form in the context of migration related procedures, violates children’s rights, which EU Member States committed to respect and uphold.
All children, no matter their age, should be exempted from all forms of coercion in the EURODAC Regulation, in full compliance with the UN Convention on the Rights of the Child.
The UN Convention on the Rights of the Child (UN CRC) states that every person below the age of eighteen years is a child (art. 1).
States Parties should take all appropriate measures to protect children from all forms of physical or mental violence (art. 19.1) and no child shall be deprived of his or her liberty unlawfully or arbitrarily (art. 37).
The Committee on the Rights of the Child has affirmed that “No violence against children is justifiable; all violence against children is preventable”, where violence includes both physical and mental violence (General comment No. 13).
It has equally clarified: “that the detention of any child because of their or their parent’s migration status constitutes a child rights violation and contravenes the principle of the best interests of the child”.
Both the UN CRC and EU Charter of Fundamental Rights state that child’s best interests must be a primary consideration in all actions relating to children (art. 3 UN CRC, art. 24.2 EU Charter).
