Oct 4, 2013 | News, Publications, Reports, Trial observation reports
In a report published today, the ICJ details a catalogue of violations of fair trial rights and other serious human rights violations committed against those detained in the context of the UAE 94 trial.
The report, Mass convictions following an unfair trial: The UAE 94 case, comes amidst a crackdown on individuals calling for peaceful political reform, who continue to be arrested, detained, prosecuted and convicted for the lawful exercise of their rights to freedom of expression, association and assembly.
The UAE authorities must end this crackdown and ensure the immediate and unconditional release of those convicted in the UAE 94 trial, the ICJ says.
“The UAE 94 trial has been marred with a litany of violations of fair trial rights. The convictions of 69 individuals following this trial must be quashed and those imprisoned must be immediately and unconditionally released”, said Said Benarbia, senior legal adviser of the ICJ Middle East and North Africa Programme.
Those convicted on 2 July 2013 were found guilty of “establishing, founding and administering an organization, with the aim of challenging the basic principles upon which the government of the State is based, taking control of the government and establishing a secret structure for the organization”.
Fifty-six of them were sentenced to ten years’ imprisonment, five of them to seven years’ imprisonment and eight others, who were tried in absentia, to fifteen years’ imprisonment. The remaining 25 accused were acquitted.
The ICJ notes that, since 31 July 2013, many of the prisoners convicted in the UAE 94 case have begun a hunger strike to protest against the conditions of their detention.
They have reportedly been subjected to various forms of ill-treatment, including beatings by prison guards and light depravation.
The authorities have failed to investigate the many human rights abuses alleged to have been committed against those detained in the context of the UAE 94 case, the ICJ says.
Instead, the UAE authorities have continued their crackdown on political activists and government critics, including those that have publicly spoken out in support of the UAE 94 or against the conditions of detention of those imprisoned.
“Rather than live up to the commitment made by the UAE to the Human Rights Council to “place human rights at the top of its priorities”, the UAE authorities have embarked on a sustained campaign to suppress any form of peaceful dissent and all calls for political reform,” Benarbia added. “They must comply with their obligations under international law and bring an end to this cycle of arbitrary arrest, detention, prosecution and unfair trials against of all those that dare to speak out.”
Key findings of the report:
- Most of the detainees were not informed of the reasons for their arrest and promptly notified of the charges against them.
- They were denied their right to prompt access to a lawyer, including during interrogation and were not brought before a judge or a judicial authority within 48 hours of their arrest.
- Most of the detainees were held in incommunicado detention and in secret and unofficial detention centres.
- They were also held in prolonged solitary confinement, which in some cases lasted more than 236 days.
- Most of the detainees were reportedly subjected to torture or other ill treatment by the authorities, including severe beatings, pulling out detainees’ hair, sleep deprivation, exposure to extreme light during the day and night, death threats and other threats and verbal abuse, as well as prolonged incommunicado detention and solitary confinement.
- The Court failed to investigate or order the investigation of such allegations.
- To the contrary, statements and “confessions” alleged to have been obtained as a result of torture or other ill-treatment were admitted as evidence by the court.
Contact :
Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, tel: 41 22 979 38 17, e-mail: said.benarbia(a)icj.org
UAE-Violations at UAE 94 Trial-Publications-Reports-2013 (full text in pdf)
Sep 4, 2013 | News
The ICJ calls on Egyptian authorities to conduct a thorough, effective, independent and impartial investigation into the unlawful and excessive use of force by security and armed forces, in particular during the dispersal of the Rabaa Al-Adawyia and Annahda pro-Morsi sit-ins on 14 August.
The statement comes as the ICJ concluded a high-level mission on 29 August to assess the human rights and rule of law situation in Egypt following the ouster of President Mohamed Morsi by the armed forces.
The use of live ammunition to disperse the sit-ins and against pro-Morsi protesters has resulted in the deaths of more than 1000 individuals, most of which appear to amount to unlawful killings.
The investigation should also examine violent attacks by some pro-Morsi supporters, including the use of firearms, against security officers, police stations, and bystanders, and attacks on religious minorities, in particular Christians, their churches, buildings, and homes.
“The Egyptian authorities should investigate the unlawful use of live ammunition against protesters with a view to holding the perpetrators to account, providing remedy and reparation to the victims, and ending the impunity the security and armed forces have enjoyed over human rights abuses,” said ICJ Commissioner Kalthoum Kennou. “In policing demonstrations, security must act to safeguard the right to life, in particular by ensuring that the decision to use lethal firearms is made only when strictly unavoidable in order to protect life.”
The ICJ is also concerned that following the crackdown, thousands of people were arrested under conditions that violate due process guarantees, in particular the rights to have access to a lawyer and to family members.
Hundreds are also reportedly missing and the ICJ fears many of them have been subjected to enforced disappearance.
Hearings for renewing pre-trial detentions orders are conducted in prisons and, as a result of the large number of detainees, most are either not represented by legal counsel, or are not able to have access to and to consult with their lawyers. Many of the detainees are being held arbitrarily under administrative detention, the ICJ further notes.
“The Egyptian authorities must ensure the rights of those arrested to liberty, security of person, to have access to lawyers and family members and to challenge the lawfulness of their detention, ” said ICJ Commissioner Shawan Jabarin ” the Egyptian authorities must fully communicate the list of all the detainees, their places of detentions and the fate and whereabouts of the hundreds who are reportedly missing. They must also comply with their legal obligations under international law and ensure that no one is subjected to enforced disappearance.”
The Office of the Public Prosecutor has charged thousands of individuals who were arrested following the ouster of president Morsi and the dispersal of the sit-ins, including with “ attempted murder”, “opposing authorities”, “attacking law enforcement officials”, “causing disorder”, “blocking roads” and “throwing Molotov cocktails at the police”.
The office also charged President Morsi and his advisers, including leaders of the Muslim Brotherhood, with, among other charges, “inciting followers to commit premeditated murder, use of force, use of firearms and illegal attacks on authorities.”
Moreover, seventy-five judges who called for the reinstatement of former President Morsi have been investigated by an investigating judge, appointed by the Minster of Justice, for “backing a particular political party and deviating from judicial traditions and its values of neutrality, impartiality and non-partisanship.”
The ICJ notes, however, that neither the Office of the Public Prosecutor nor the Minister of Justice have so far investigated, ordered the investigation, or brought criminal action for the unlawful killings of protesters by armed and security forces following the ouster of President Morsi.
In meetings with the ICJ delegation, state officials, including the Minister of Justice, argued that the use of live ammunition and lethal force to disperse sit-ins was legitimate and in line with both national and international standards.
“In times of crisis, judges and prosecutors must safeguard and uphold the rule of law, not curtail the enjoyment of fundamental rights and freedoms,” said Said Benarbia, ICJ Senior Legal Advisor for the Middle East & North Africa Programme.
“The Egyptian authorities must therefore ensure that the Office of the Public Prosecutor and courts are not politicized or used as a means to crackdown on political opponents and protesters, or to shield armed and security officials responsible of human rights abuses from accountability,” Benarbia added.
Contact:
Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, tel: 41 22 979 38 17, e-mail: said.benarbia(a)icj.org
Additional information:
The ICJ delegation was led by Justice Kalthoum Kennou, judge at the Tunisian Cassation Court and ICJ Commissioner, and Mr. Shawan Jabarin, ICJ Commissioner and General Director of Al-Haq, an ICJ affiliate in the occupied Palestinian territories. The delegation met with Minister of Justice Adel Abdelhamed Abdullah, Minister of Transitional Justice and National Reconciliation Amin El Mahdi, members of the judiciary, including President of the Judges Club Ahmed El Zend, lawyers, civil society, and families of victims of human rights violations after the dismissal of former President Mohamed Morsi.
Jul 29, 2013 | News
The ICJ today called on the Egyptian authorities to put an end to its use of unlawful and lethal force as it pursues an excessive and violent crackdown on protesters.
The ICJ also called on the authorities to promptly, impartially and fully investigate the allegedly unlawful killings of more than 80 people who were reportedly fired on by security forces in a rally in Cairo in support of ousted President Mohamed Morsi on 27 July.
Large-scale rallies were held when the head of the armed forces, General Abdel Fattah El Sisi, called on citizens to grant the military a mandate to fight “terrorism and violence”.
The ICJ is also concerned at reports indicating that the government may be poised to grant arrest powers to the Egyptian Armed Forces.
“The Egyptian authorities must promptly, fully, and impartially investigate the actions of the security of forces, involving alleged unlawful killings and ill-treatment of protesters with a view to holding accountable those responsible,” said Wilder Tayler, ICJ Secretary General. “The authorities must also ensure that, in accordance with international law and standards, security officers exercise force only in a proportionate manner and may use lethal force only when strictly unavoidable to protect lives.”
Since the unlawful seizure of power by the Army and the ouster of President Morsi, more than 130 persons said to be supporters of the former President have reportedly been killed as a result of the unlawful and disproportionate use of force by security forces, including firing with live ammunition.
The ICJ is concerned that the ongoing attacks on protesters, and the impunity that continues to prevail over them, will further contribute to the deterioration of the rule of law and the human rights situation in Egypt.
To prevent such deterioration, the Egyptian Army must carry out its security functions so as to protect the enjoyment and legitimate exercise of human rights by all. It must also ensure a quick and steady transition of power to a legally constituted civilian authority.
Contact:
Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, tel: 41 22 979 38 17, e-mail: said.benarbia(a)icj.org
Photo by Samaa TV
Jul 26, 2013 | News
The ICJ today called on the Tunisian authorities to conduct an investigation into the targeted assassination of Mohamed Brahmi, a prominent opposition figure and member of the Tunisian National Constituent Assembly.
The investigation should be prompt, thorough, independent and transparent, with a view to holding the perpetrators to account.
This killing came less than six months after the assassination of another opposition figure, Chokri Belaid.
The ICJ is deeply concerned that these assassinations are part of a large campaign of intimidation against opposition figures, human rights defenders, including lawyers and judges. Many of them were subject to death threats. For example, in May 2013, Justice Kalthoum Kennou, a Tunisian judge on the Court of Cassation and ICJ Commissioner received an anonymous letter threatening her with death and ordering her to quit the judiciary.
“The Tunisian authorities must fully and promptly investigate the assassination of Mohamed Brahmi and ensure that the perpetrators are criminally held to account”, said Said Benarbia Senior Legal Advisor of the ICJ’s Middle East and North Africa Programme. “Tunisian authorities must also take all effective measures to end all forms of intimidation against opposition members, human rights defenders and judges, including by ensuring their security and physical integrity”, he added.
The ICJ also called on the Tunisian authorities to respect and protect the right of individuals to peaceful assembly and refrain from any unlawful use of force against them.
Mohamed Brahmi – Press Statement (ENG – Full Text in PDF)
Jul 9, 2013 | News
The International Commission of Jurists (ICJ) today called on the Government of Malta to refrain from forcibly transferring a number of Somali nationals to Libya, where they are alleged to be at real risk of human rights violations and further transfer to Somalia.
According to media reports, the persons at risk of transfer are part of a group of some 102 persons, including 41 women and two babies, who arrived in Malta this morning.
The ICJ expresses its grave concern at the possibility that Somali nationals, who are alleged to be considered at risk of being subject to ill-treatment or persecution if sent back to Somalia, would first be sent back to Libya. According to the office of the United Nations High Commissioner for Refugees, in Libya, migrants face a “constant risk of exploitation, arrest and indefinite detention”.
The ICJ stresses that the European Court of Human Rights has ruled, in the judgment Hirsi Jamaa and others v. Italy, that sending back potential asylum seekers, including of Somali origin, to Libya, without individual assessment of their situation and access to asylum procedures, violates the European Convention on Human Rights, in particular the principle of non-refoulement, the prohibition of collective expulsion and the right to an effective remedy for violations of human rights.
The ICJ therefore calls on the Maltese Government to refrain from expelling or otherwise transferring to Libya any of the Somali citizens who arrived on Maltese shores today. The migrants must be fully informed of their right to apply for international or humanitarian protection under EU and Maltese law; and each of their cases must be examined on its individual merits.
Statement-ExpulsionSomalis-2013-Malta (download the statement)
Contact:
Massimo Frigo, ICJ Legal Adviser of the Europe Programme, tel: 41 22 979 38 05, e-mail: massimo.frigo(a)icj.org
Róisín Pillay, ICJ Director of the Europe Programme, e-mail : roisin.pillay(a)icj.org
