Nov 29, 2019 | Agendas, Events, News
Today, in Brussels, the ICJ held a roundtable discussion on the impact of counter-terrorism laws on specific groups, including children, and ethnic and religious groups.
The roundtable brought together 34 judges, lawyers, NGOs and other experts from countries including Germany, France, Italy, the Netherlands, Poland, Belgium, Portugal, Romania, and Spain to discuss how the rights of children and of ethnic and religious minorities can be best protected in applying counter-terrorism legislation in the courts, especially in light of the EU Directive 2017/541 on Combatting Terrorism.
This was the last of four roundtables held by the ICJ and its partner organizations between April and November 2019 in the framework of the EU funded project “Judges Uniting to Stop Terrorism with International, Constitutional and European law (JUSTICE).”
The discussion in the first session of the roundtable addressed the disproportionate impact of counterterrorism laws on ethnic and religious groups. It focused on compliance with the principle of non-discrimination, through safeguards in legislation, in the judicial application of counter-terrorism laws, and in investigation and evidence gathering.
The second session of the roundtable addressed the particular impact of counter-terrorism legislation on children, including the challenges involved in protecting the human rights of children of “foreign fighters” and ensuring the primacy of their best interests in decisions on their return to EU countries. Participants also discussed protection of the human rights of returned children of “foreign fighters” both as victims of terrorism and where they are accused of crimes of terrorism.
See the agenda here.
This workshop was carried out with the financial support of the European Union and the Open Society Foundations. Its contents are the sole responsibility of ICJ and do not necessarily reflect the views of the European Union or the Open Society Foundations.
Nov 18, 2019 | News
The ICJ today called on the Hungarian authorities to desist from instigating disciplinary proceedings threatened against Judge Csaba Vasvári, a judge of the Central District Court of Pest and a member of the Hungarian National Judicial Council.
The imminent threat of disciplinary action is a consequence of a preliminary reference Judge Vasvári made to the Court of Justice of the European Union.
“Judge Vasvári faces disciplinary action as a direct result of his request for a preliminary ruling of the Court of Justice of the EU on the very question of judicial independence in Hungary. This is an extremely concerning attempt to interfere with the independence of a judge in discharging his judicial function which, if it proceeds any further, will set a dangerous precedent.” said Róisín Pillay, Director of the ICJ’s Europe and Central Asia programme.
A motion to begin disciplinary proceedings against Judge Vasvári was brought by the Acting President of the Budapest Regional Court in October, following Judge Vasvári’s request in criminal proceedings before him last July, for a preliminary ruling the Court of Justice of the EU (CJEU) under Article 267 of the Treaty on the Functioning of the European Union (TFEU).
In the request to the CJEU, Judge Vasvári raised questions regarding compliance with the principle of judicial independence under Article 19.1 of the Treaty of the European Union (TEU), in particular the appointment procedures for court presidents, and remuneration for judges, as well as questions regarding the right to interpretation in court.
Following a decision of the Hungarian Supreme Court in September that the reference was contrary to Hungarian law since it was irrelevant to the case, disciplinary action against judge Vasvári was sought on the grounds that in making the reference, he violated the requirement to conduct himself with dignity and refrain from action which would undermine the dignity of the judiciary.
The motion for disciplinary proceedings is now expected to be considered by a panel of the Service Court, which will decide if disciplinary proceedings will commence.
“The actions of Judge Vasvári in making a preliminary reference to the CJEU were an entirely legitimate exercise of his judicial functions in accordance with EU law. It is essential that judges are able to use all appropriate judicial avenues to address and uphold the rule of law, including to protect the right to a fair trial and the independence of the judiciary” said Róisín Pillay. “It is also necessary for the proper application of EU law, that judges are able refer questions to the CJEU under Article 267 of the Treaty without undue hindrance.”
The ICJ recalls that under international standards on the independence of the judiciary, judges must decide matters before them impartially, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason (Principle 2, UN Basic Principles on the Independence of the Judiciary). Council of Europe Recommendation CM/Rec (2010) 12 of the Committee of Ministers specifies that “the interpretation of the law, assessment of facts or weighing of evidence carried out by judges to determine cases should not give rise to civil or disciplinary liability, except in cases of malice and gross negligence.”
The UN Basic Principles on the Independence of Judiciary (principle 8) also affirm that “members of the judiciary are like other citizens entitled to freedom of expression, belief, association and assembly; provided, however, that in exercising such rights, judges shall always conduct themselves in such a manner as to preserve the dignity of their office and the impartiality and independence of the judiciary.”
Sep 10, 2018 | Advocacy, News
The ICJ today called on all MEPs to vote in favour of the draft resolution and report by rapporteur Judith Sargentini MEP, before the European Parliament, which would activate Article 7 of the Treaty of the European Union in respect of Hungary.
A vote for the resolution would mean that, under Article 7.1, the Council would determine whether there is a clear risk of serious breach by Hungary of the founding values of the EU.
Ultimately, if the situation persists, this would allow the Council to take more robust measures, including suspension of voting rights, to address the situation.
The vote, scheduled for 12 September, is crucial for the rule of law in Hungary and throughout the European Union.
The Parliament will vote on whether to activate the process under Article 7, by calling on the Council to identify a risk of serious breach by Hungary of the EU’s founding values, including the rule of law and respect for human rights.
The ICJ considers that the measures put in place by the Hungarian government since 2011 have led to a severe deterioration of the rule of law and human rights, by weakening Constitutional rights protection, limiting judicial independence, suppressing independent media, civil society and academic institutions, and imposing arbitrary laws that violate the human rights of marginalized sections of society.
Cumulatively, these measures pose a grave, systemic threat to the protection of the human rights of all people in Hungary.
“The European Parliament should respond to the critical situation in Hungary by using the powers available to it under Article 7 TEU to defend human rights and the rule of law. Not to do so would be to abandon Hungary to an increasingly dangerous path, and would set a damaging precedent for all of Europe,” said Róisín Pillay, Director of the ICJ Europe Programme.
Read the full statement and key concerns here: Hungary-triggering Art 7-Advocacy-2018-ENG (in PDF)
May 11, 2017 | Advocacy
Today the ICJ presented its views on counter-terrorism, security and human rights in Europe, to the Committee on Civil Liberties, Justice and Home Affairs (LIBE) of the European Parliament, as part of a hearing on the EU’s Comprehensive Assessment of EU Security Policy.
The exchange of views, Chaired by the Chair of the LIBE Committee, Claude Moraes, included contributions by Commissioner Julian King of the European Commission, as well as representatives of national parliaments, civil society organisations and MEPs.
The ICJ presentation by Róisín Pillay (photo), Director of the ICJ Europe Programme, emphasised the need to make human rights and the rule of law central to EU security policy, to the development of EU legislation and its implementation at national level.”
The full text of the presentation can be downloaded here: Europe-Presentation LIBE-Advocacy-2017-ENG (in PDF)
More on LIBE
Apr 27, 2017 | News
An expert meeting organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) in Warsaw focused on the human rights-compliant implementation of legislation and policies to counter the foreign terrorist fighter phenomenon. The ICJ partnered in the event.
The two-day meeting (25-26 April) brought together 21 participants (11 men and 10 women) – including experts from international and national organizations, civil society, academia and OSCE staff – to reflect on experiences and human rights challenges in responses aimed at countering the threat posed by foreign terrorist fighters.
“Human rights compliance is essential both for the short and the long-term effectiveness of any measure to address the phenomenon,” said Omer Fisher, Head of the ODIHR Human Rights Department. “Jeopardizing human rights protection in the course of responding to the threat will not solve, but rather exacerbate the problem, because human rights violations provide fertile ground in which terrorism can thrive.”
Over the past few years, OSCE participating States have taken a wide range of administrative and criminal law measures to prevent the movement of terrorists or terrorist groups, to suppress the provision of support for them, and to counter the incitement and recruitment of foreign terrorist fighters.
“Broadly defined criminal offences and administrative measures based on vague definitions – including of terrorism and related offences – are open to abusive, arbitrary or discriminatory application,” said Róisín Pillay, Director of the Europe Programme of the ICJ.
“Legislation criminalizing acts such as travel for the purpose of terrorism must, therefore, be narrowly defined, clear and accessible, and provide for appropriate legal and procedural safeguards,” she added.
The expert meeting will inform a policy guidance document, which ODIHR will prepare in the coming months to assist OSCE participating States in the human rights-compliant and gender sensitive implementation of legislation and policies to address the phenomenon of foreign terrorist fighters.
