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)
Feb 19, 2021 | News
The Egyptian authorities’ targeting of families in Egypt of activists and human rights defenders living abroad has been escalating, demonstrating a clear pattern of intimidation and harassment, 22 Egyptian, regional, and international organizations said today.
Since August 2020, the authorities have targeted the families of four critics who live in the United States, as well as one in Turkey, one in Germany, and one in the United Kingdom.
These cases are among dozens reported in recent years. The authorities try to intimidate critics with unlawful home raids, arbitrary arrests, enforced disappearances, and prolonged detention of family members without trial or charges.
“The Egyptian families of dissidents abroad have been increasingly caught in President al-Sisi’s government web of oppression,” said Joe Stork, deputy Middle East and North Africa director at Human Rights Watch. “President al-Sisi should immediately rein in his security forces and end these hostage-like arrests.”
On February 13, 2021, the authorities raided the homes of six members of the extended family of Mohamed Soltan, a US-based human rights advocate. Soltan, the director of the Freedom Initiative, an independent human rights group, and two other sources with direct knowledge of the arrests told Human Rights Watch that security agents arrested two of his cousins, Mostafa Soltan and Khairi Soltan, at their homes in the Menoufiya governorate. The two sources also said security authorities arrested a third relative of Soltan’s, Mahmoud Yousri al-Naggar.
Officers told another cousin to turn himself in once a cast on his broken leg was removed. Three of Soltan’s other cousins whom officers wanted to arrest were not at home during the raids; their families were told that the cousins were wanted by the National Security Agency. Those detained were interrogated mainly about Mohamed Soltan and his activities. On the evening of February 17, authorities released Mostafa and Khairi, following their detention and interrogation by National Security officers, the two sources said.
Security agents had previously arrested five of the six targeted cousins in June 2020 and detained them without trial until shortly before Joe Biden won the US presidential election in November. Soltan has been a prominent target of Egyptian government and pro-government media defamation campaigns because of his human rights work, most recently because of his organization’s support for the establishment of the Egypt Human Rights Caucus in the US House of Representatives.
The authorities disappeared Soltan’s already-jailed father, Salah Soltan, on June 15, 2020, when officers escorted him from Wadi al-Natrun prison to an unknown destination. Since that time, the authorities have refused to provide his family and lawyers information about his whereabouts. Soltan said that Egyptian intelligence agents in Washington, DC have harassed him with “bump-ins” at the local mall, at a Freedom Initiative’s Egypt advocacy event, which Human Rights Watch and the Project on Middle East Democracy co-sponsored in March 2019, and with threatening phone calls, telling him that he should “be careful” for his father’s sake. Soltan said he reported all incidents to the US authorities and his lawyers immediately.
Aly Hussein Mahdy, a University of Illinois at Chicago graduate student and video blogger with over 400,000 followers on Facebook, was ridiculed by a pro-government TV outlet on January 17. Between January 28 and February 2, National Security officers raided the homes of several of his family members in Alexandria and arrested his father, uncle, and cousin because of his videos, Mahdy told Human Rights Watch.
“They raided the home at dawn,” Mahdy said in a Facebook video on February 11. “They took my father from his wife and my younger siblings, terrifying them. They messed up the whole house and stole everything they found.” He told Human Rights Watch that his family has not been able to learn the whereabouts of the three family members arrested.
Download
Egypt-Arrests-Joint-Press-Release-2021-ENG (full statement in English)
Egypt-Arrests-Joint-Press-Release-2021-ARA (full statement in Arabic)
Contact
Asser Khattab, Research and Communications’ Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org
