Mar 9, 2021 | News
Tunisian authorities must respect the rights to freedom of expression, association and peaceful assembly, and stop the systematic targeting of protesters, lawyers and civil society activists, said the ICJ today.
البيان الصحفي باللغة العربية مرفق أدناه
Since the outbreak of social justice protests on 15 January 2021, Tunisian security forces have systematically targeted protesters, including minors, lawyers and civil society activists.
Over the last weeks, reports of abuses at the hands of the Tunisian security forces have included: hundreds of arbitrary arrests; deaths in custody in disputed circumstances; physical assaults; rape and death threats; and refusing detainees access to legal counsel. While to date more than half of the people arrested since the beginning of the protests have been released, only a few prosecutions arising from the security forces’ systematic campaign of arrests have taken place, and hundreds of people are still in custody awaiting to be brought before a judge. According to the information available to the ICJ, individuals are being prosecuted under different charges, including “insulting the police” and “abuse of morals”.
“The systematic targeting of peaceful protesters and the other abuses that we have witnessed in recent weeks are clear instances of the wider impunity that Tunisian security forces have continued to enjoy over decades,” said Said Benarbia, the ICJ’s MENA Programme Director
“The Tunisian authorities should immediately halt these practices by reforming the country’s security legislation and open independent and impartial investigations into these abuses.”
To date, Tunisia has failed to adopt a comprehensive reform of its security legislation in line with the Constitution and the country’s obligations under international human rights law and standards.
As reported on multiple occasions, investigations into reports of human rights violations by Tunisian security forces have rarely led to successful prosecutions of perpetrators in the past. Moreover, while since 2018 prosecutions arising from police abuses committed under the previous regime have started before the Specialized Criminal Chambers, numerous obstacles continue to affect the progress of trials, and no verdict has been delivered to date.
“It is time for the Tunisian authorities to abide by the Constitution and international human rights law and standards and commit to a complete end to the security forces’ oppressive practices,” Benarbia added.
“Only by undertaking a full review of Tunisia’s security laws and bringing perpetrators of human rights violations to justice will the country be able to break this cycle of abuses and ensure full respect for fundamental freedoms and human rights.”
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Valentina Cadelo, Legal Adviser, ICJ Middle East and North Africa Programme, e: valentina.cadelo(a)icj.org
Asser Khattab, Research and Communications’ Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org
Download
Press release in English and Arabic.
Mar 9, 2021 | Advocacy, Non-legal submissions
Today, the ICJ joined an oral statement at the UN Human Rights Council denouncing attacks on lawyers occurring in Iran.
The statement was delivered by IBAHRI on behalf also of ICJ, Lawyers for Lawyers, Lawyers’ Rights Watch Canada and The Law Society, during the interactive dialogue with the UN Special Rapporteur on the ISlamic Republic of Iran.
The statement reads as follows:
“The International Bar Association’s Human Rights Institute (the IBAHRI), the International Commission of Jurists (the ICJ), Lawyers for Lawyers, Lawyers’ Rights Watch Canada, and The Law Society express deep concerns at the arbitrary arrests and detention of lawyers and others sentenced to exorbitant prison terms for legitimately carrying out their professional activities. We draw special attention to the cases of lawyers Nasrin Sotoudeh and Amirsalar Davoodi, who remain imprisoned and were excluded from Covid-19 prisoner release programmes.
Their imprisonment means that access to justice for citizens in Iran is restricted. We are alarmed by the widespread violation of fair trial guarantees, including the denial of access to a lawyer of one’s own choosing, as well as the recent application of the death penalty in Iran. We also condemn Iran’s non-compliance with international standards on conditions of detention and reports of torture of those critical of the regime.
We urge the Iranian authorities to:
- Immediately and unconditionally release Nasrin Sotoudeh, Amirsalar Davoodi and other lawyers who remain in prison after conviction in an unfair trial;
- Pending release, ensure compliance with international standards on conditions of detention;
- Ensure that lawyers and others can carry out their profession free from undue interference, including judicial harassment;
- Establish an immediate moratorium on the death penalty, pending abolishment; and
- Comply with its international legal obligations in respecting, guaranteeing, and protecting human rights.”
Find the statement here: Iran-UN-JointStatement-Lawyers-Advocacy-NonLegal-HRC46-2021-ENG
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
Mar 4, 2021 | News
Israeli and Palestinian authorities should immediately grant the International Criminal Court unhindered access to Palestinian territory to investigate alleged crimes under international law committed by all parties to the conflict, the International Commission of Jurists said today.
The International Criminal Court’s prosecutor yesterday announced the initiation of an investigation into “war crimes [that] have been or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip.”
“Israel, the United States and other States must refrain from any efforts undermining the Office of the Prosecutor and the integrity of its investigation,” said Said Bearbia, ICJ’s MENA programme director. “Rather, they should comply with universally recognized norms on the independence and impartiality of judges and prosecutors.”
The ICJ calls on all states and concerned organizations to cooperate fully with and provide any necessary assistance to Office of the Prosecutor in carrying out its investigation.
The Israeli and Palestinian authorities, in particular, should grant the Office of the Prosecutor and its members unhindered access to all Palestinian territory without delay, and allow them to visit sites, meet and speak freely and privately with victims and witnesses, and access any relevant documentation or records.
It is critical that the ICC’s investigators and prosecutors, like any other investigators and prosecutors, should be able to perform their professional functions independently, impartially, diligently and without intimidation, hindrance, harassment or improper interference.
“The ICC investigation offers a unique opportunity to begin addressing the structural impunity that prevails over past and ongoing crimes under international law in Palestine,” Benarbia added. “It’s a crucial initial step in the realization of the victims’ rights to justice, truth and reparations.”
On 5 February 2020, the ICC decided it can assert its jurisdiction over serious crimes alleged to have occurred in the State of Palestine since 13 June 2014.
On 16 March 2020, the ICJ submitted amicus curiae observations in support of the Court’s territorial jurisdiction.
Find the Press Release in Arabic here: PalestineIsrael-PR-ICC-ARA2-2021
Contact:
Said Benarbia, Director, ICJ Middle East and North Africa Programme; t: +41 22 979 3817 e: said.benarbia(a)icj.org
Asser Khattab, Research and Communications Officer, ICJ Middle East and North Africa Programme, asser.khattab@icj.org
Mar 2, 2021 | News
Justice and accountability in Libya can only be achieved if activists and lawyers fully engage with and support the UN Independent Fact-Finding Mission on Libya (FFM) in documenting and collecting evidence of serious violations in the country, the ICJ said today.
To facilitate such engagement, the ICJ’s Question and Answer (Q&A) published today provides guidance for Libyan and international civil society actors on:
- the role and mandate of the FFM;
- the FFM’s relationship with other accountability mechanisms, such as the International Criminal Court (ICC);
- what the FFM may be expected to achieve; and
- how to engage with the FFM.
“The success of the FFM’s mandate rests largely on its ability to establish the facts about and collect evidence of violations and abuses of international human rights and humanitarian law perpetrated in Libya.”
“We urge lawyers, activists and civil society actors to fully support the FFM in achieving these objectives and bringing about the accountability that has so far eluded Libya.”
– Said Benarbia, the ICJ’s MENA Programme Director.
The FFM was established by the UN Human Rights Council on 22 June 2020 through resolution 43/39. Its mandate includes:
- Establishing facts and circumstances of the human rights situation throughout Libya;
- Collecting and reviewing relevant information;
- Documenting alleged violations and abuses of international human rights law and international humanitarian law, including any gendered dimensions of such violations and abuses; and
- Preserving evidence with a view to ensuring that perpetrators be held accountable.
While the FFM cannot conduct criminal investigations or prosecute individuals, the evidence preserved may be used by Libyan judicial authorities, the ICC, and third countries exercising universal jurisdiction.
The FFM has issued a call for submissions of relevant information and materials, the deadline for which is 30 June 2021.
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme; t: +41 22 979 3817, e: said.benarbia(a)icj.org
Vito Todeschini, Legal Adviser, ICJ Middle East and North Africa Programme; t: +216 53 334 679, e: vito.todeschini(a)icj.org
Asser Khattab, Research and Communications Officer, ICJ Middle East and North Africa Programme; e: Asser.Khattab(a)icj.org
Download
Q&A on the UN International Fact-Finding Mission in English and Arabic.
Press Release in English and Arabic.
Feb 25, 2021 | News
The verdict of the Higher Regional Court in Koblenz, Germany, convicting a former Syrian official of crimes against humanity, is a significant breakthrough in the fight against impunity for the crimes committed in Syria over the last 10 years, the ICJ said today.
“For the first time since the beginning of the Syrian regime’s bloody, rampant and relentless repression, a Syrian official has finally been held to account for his participation in the regime’s crimes,” said Said Benarbia, Director of the ICJ’s MENA Programme. “While this may seem a small token for victims, it is a resounding warning for other Syrian officials that justice may soon catch up with them.”
On 24 February 2021, Eyad A. was found guilty of aiding and abetting crimes against humanity, including torture and arbitrary deprivation of liberty, and sentenced to four and a half years in prison. Among other things, his conviction is related to the detention of at least 30 Syrians after anti-government demonstrations erupted in March 2011.
“This is an important step in the fight for justice for victims and survivors of gross human rights violations in Syria,” said Bernabia.
Eyad A. was prosecuted together with Anwar R., the former director of investigations at Branch 251 — a Syrian intelligence branch in Damascus notorious for subjecting detainees to systematic torture and other ill-treatment.
Anwar R. was charged with supervising the systematic torture of over 4,000 people, which resulted in the death of 58 people between 2011 and his defection in 2012. His trial is still ongoing.
The proceedings against Eyad A. and Anwar R. were conducted under the principle of universal jurisdiction, which allows Germany and other States to prosecute an accused person for serious crimes under international law, even when such crimes have been committed abroad and neither the victims, nor the accused are nationals of that country.
“States must act individually and collectively to fill the accountability gap in Syria,” added Benarbia. “They must support United Nations accountability mechanisms, including the IIIM, and seek out, prosecute and punish those responsible for the atrocities committed in the country.”
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Asser Khattab, Research and Communications Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org
Download
Syria-Impunity-Statement-2021-ENG (in English)
Syria-Impunity-Statement-2021-ARA (in Arabic)
