Jul 30, 2020 | Advocacy
The ICJ is concerned that in Kazakhstan, Kyrgyz Republic, Tajikistan and Uzbekistan the COVID-19 pandemic, and measures taken purportedly to contain it, have significantly curtailed access to justice. Restrictions have affected the operation of the courts and impeded lawyers’ ability to provide effective legal assistance to their clients.
In the context of the COVID-19 pandemic — whether under a state of emergency or not — States’ obligations under international human rights law to uphold the fundamental guarantees of a fair trial, and to ensure access to effective remedies for violations of human rights endure.
The right to a fair trial entails the right to adequate time and facilities to prepare a defense, which, in turn, requires the opportunity to communicate with one’s lawyer effectively and in confidence.
In light of this, the ICJ calls on Central Asian States to ensure that, while COVID-19 restrictions are in place, access to a lawyer continues to be ensured, and that measures be put in place so that lawyers are able to communicate with their clients safely, effectively and confidentially, including in places of detention or during online hearings.
In addition, wherever and whenever the authorities put in place restrictions on physical meetings or travel with the stated purpose of containing the COVID-19 pandemic, the ICJ calls on Central Asian States to ensure that access to court is guaranteed through specific legal, administrative and practical measures.
ICJ research and discussions with lawyers have shown that across Central Asia, regulations adopted during COVID-19 relating to the administration of justice have suffered from vague language, inconsistencies and unclear guidance.
In practice, this had serious implications for the right to fair trial of defendants: in some cases defence lawyers were not allowed to meet their clients who were charged with serious crimes; in other instances lawyer-client meetings were very short, undermining the ability of lawyers to take proper instructions from their clients and to advise them accordingly; in other cases defence lawyers met their clients in circumstances where the confidentiality of their communication was compromised as a result of the virtual communication platforms they were forced to use.
The restriction measures relating to the administration of justice that the authorities have imposed have also had negative consequences for access to justice and effective remedies for victims of human rights violations; notably, access to legal assistance in domestic violence cases was impeded across the region.
In many court buildings social distancing requirements were not adjusted in such a way as to uphold the right to a public hearing. There has been a lack of sufficient guidance on how the right to a public hearing may be ensured online, including as to how the right to equality of arms and the right to legal representation would be protected.
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Central Asia-Statement COVID-19-Advocacy 2020-ENG (full article with additional information, in PDF)
Jul 10, 2020 | Events, News
Today, the ICJ and the Human Rights Joint Platform (IHOP) are hosting an online conference to take stock of the current situation of access to justice and the rule of law in Turkey and discuss compliance with international standards and the Turkish Constitution.
The online conference features international and European experts and will address the shortcomings in accessing justice in the country both in terms of the capacity of the justice system to ensure the respect and protection of human rights and of the independence and effectiveness of the justice system itself.
The conference will take stock of the state of access to justice in Turkey after four years of extraordinary and worrisome events for the Rule of Law and human rights in the country. During this period, Turkey has experienced a severe deterioration in the rule of law. The state of emergency, in force between 2016 and 2018, has led to the cleansing of the judiciary and restricted the capacity of lawyers and civil society to act, and increasingly dramatically the arrests and trials of some of their members under spurious charges of terrorism, offences against the State, insult to the nation or its President, and hate speech crimes.
Many of the measures undertaken under the state of emergency included mass dismissal of public servants, judges and prosecutors without ensuring due process guarantees and the degradation of the justice system, depriving the judiciary of essential guarantees to ensure its independence from the political authorities.
The conference will address how these developments impacted the capacity of people in Turkey, and in particular those belonging to marginalised groups, to access justice for their human rights, and what should be done to ensure that such access exists and is effective.
As a result of the conference, a draft statement on the state of access to justice in Turkey will be issued to provide Turkish authorities with recommendations on how to ensure effective and independent access to justice for human rights protection.
Jul 9, 2020 | Agendas, Events, News
The ICJ is holding an online discussion for lawyers and other representatives of civil society in Tajikistan on access to justice in the context of the Covid-19 pandemic. The discussion is held on 10 July 2020 from 14.00 to 17.00 Dushanbe Time (GMT + 5) on the GoToMeeting platform
The discussion aims to raise some of the main issues that lawyers face in providing legal representation both in and outside of courts.
The event will present an opportunity for practicing lawyers, NGOs and IGOs to discuss the recent challenges that the legal profession faced in Tajikistan as well as seek some of the solutions based on international law and best practices of other countries.
During the discussion, relevant international law and standards as well as comparative examples from the Central Asian countries and Azerbaijan will be discussed.
To participate in the discussions registration is required on the following link : https://forms.gle/QRywqBFPSxfR5eyk7
Working languages of the event are Russian and Tajik.
Contact:
Dilshod Juraev, t: +992 77 700 18 34 ; e: Dilshod.jurayev(a)icj.org
Jul 9, 2020 | Advocacy, Non-legal submissions
The ICJ filed a submission to the Human Rights Council’s Working Group on the Universal Periodic Review in advance of its review of Lebanon’s human rights record between January and February 2021.
Information provided in the submission was based on a number of recent ICJ publications, including on the independence of the judiciary; military courts; gender-based violence; and a forthcoming publication on the human rights of refugees and migrants in Lebanon.
In the submission, the ICJ drew the attention of the Working Group to the following concerns with respect to Lebanon:
- The independence of the judiciary and the use and jurisdiction of military courts;
- The obstacles that continue to impede women’s and girls’ access to justice for sexual and gender-based violence (SGBV); and
- The inadequate framework and practices undermining migrants’ and refugees’ rights.
The ICJ called on the Working Group and Human Rights Council to urge the Lebanese authorities to take the following actions:
With regard to the independence of the judiciary and the use and jurisdiction of military courts:
- End executive control and undue influence over the judiciary, including by divesting the Minister of Justice of any role in the selection, appointment, promotion, transfer, secondment or any other aspects of the management of the career of judges;
- Ensure that the High Judicial Council is independent from the executive, including by amending its composition to ensure that the majority of members are judges elected by their peers, and that it is pluralistic, gender and minority representative, competent to decide on all issues relating to the career of judges, and empowered to uphold the independence of the judiciary;
- Ensure that military courts have no jurisdiction to try civilians, and that such jurisdiction is restricted to military personnel over alleged breaches of military discipline or ordinary crimes not involving the commission of human rights violations, to the exclusion of human rights violations and crimes under international law.
With regard to women’s access to justice for SGBV:
- Repeal all discriminatory provisions against women, particularly those in the Criminal Code, the Nationality Code and Personal Status Laws;
- Adopt a unified civil Personal Status Law for all religious groups, where all customs discriminating against women and girls are overridden in accordance with article 2(f) of CEDAW; and ensure that issues related to divorce, inheritance and custody are adjudicated before ordinary courts consistent with international standards;
- Amend Law No. 293/2014 on the protection of women and other family members from domestic violence (Law No. 293/14) and the Criminal Code to ensure that it criminalizes all forms of SGBV, including by properly defining rape as a type of sexual assault characterized by a physical invasion of a sexual nature without consent or under coercive circumstances, and ensure that marital and all other acts of rape be criminalized; and, to this end, abolish provisions of Law No. 293/14 providing for a religion-based claim to marital rights;
- Amend the Criminal Code, the Code of Criminal Procedure and Law No. 293/14 to include gender-sensitive investigations and evidence-gathering procedures in order to enable women to report violence against them, and take effective steps to address the social and practical factors that continue to impede women’s access to justice, such as gender-based stereotypes and prejudices that operate in society and in the justice system;
- Remove obstacles related to gender stereotypes, economic and social realities that continue to impede access to justice in SGBV cases, including by ensuring that where law enforcement officers fail to ensure an effective investigation into an incident of SGBV, their omissions be actionable as a breach of their duties and subject to disciplinary measures as appropriate;
- Provide routine capacity building training to justice sector actors on the application of international human rights law, including CEDAW and related jurisprudence.
With regard to the treatment of refugees and migrants:
- Become a party to the 1951 UN Refugee Convention and its 1967 Protocol, and pass legislation to adequately protect the human rights of refugees, asylum seekers, stateless people and migrants, in compliance with Lebanon’s international obligations;
- Amend the 1962 Law on the Entry, Stay in and Exit from Lebanon (Law 1962) to ensure full compliance with these obligations, and that people entitled to international protection, chiefly refugees, asylum seekers, and stateless individuals, are not penalized, automatically arrested or deported for their “illegal” entry and stay in the country;
- Ensure that no individual is deprived of their liberty solely on the grounds of their immigration status, and, to this end, amend articles 32 and 36 of Law 1962; until then, provide automatic, periodic judicial review of the lawfulness, necessity and proportionality of any immigration-related detention;
- Strictly comply with Lebanon’s non-refoulement obligations, including by ensuring that no individual is transferred to a country where they face a real risk of persecution or other forms of serious harm; that nobody is forcibly returned without an individualized, fair and effective procedure guaranteeing due process; and by establishing a moratorium on all removals to Syria.
Lebanon-UPR Submission-Advocacy-Non Legal submission-2020-ENG (full submission, in PDF)
Jun 22, 2020 | News
Today, the ICJ, the Regional Office of the UN High Commissioner for Human Rights (OHCHR) for Central Asia and the Nationwide Movement “Yuksalish” are holding an Expert Discussion on the impact of COVID-19 on access to justice for economic, social and cultural rights (ESC rights) in Uzbekistan and comparative experiences from Europe and Central Asia.
The Fifth Expert Discussion, Access to justice in times of COVID-19, will address issues including access to a lawyer and access to court.
The event will present an opportunity to national and international experts, including lawyers, judges, members of UN human rights bodies, civil society, and other experts to debate questions of fundamental importance for ensuring access to justice and the protection of human rights in Uzbekistan.
“The COVID-19 pandemic has put new challenges before justice institutions around the world, including in Uzbekistan. These measures affected access to lawyers and courts judiciary therefore impeding full access to justice. This event will present an opportunity to discuss the solutions of States from around the globe about their responses to the pandemic. We believe that sharing experience among judges, lawyers and international experts from around the world will enrich the National debate and give an impulse for further development and the independence of the judiciary in Uzbekistan” said Akmal Burkhanov, Chairperson of the Nationwide movement “Yuksalish”.
“The pandemic became the so-called “maturity test” for the justice system and many of the urgent issues should be resolved in the light of the anti-COVID-19 measures taken. Therefore, I would also see the pandemic as an opportunity. The opportunity for transforming, changing for the better the functioning of traditional courts, provided that a high quality of justice and respect for individual rights are at the forefront of all changes,” pointed Eduards Stiprais, EU Ambassador to Uzbekistan.
Ryszard Komenda, Regional Representative of the UN Office for Human Rights for Central Asia quoted the UN High Commissioner for Human Rights, Michelle Bachelet, who stated that “in order to cope effectively with the pandemic states may need to introduce certain restrictions on the exercise of certain human rights, however, such restrictions need to be necessary, proportionate, and non-discriminatory”. Mr. Komenda noted that “the impact of the regulations on lockdown affected the day-to-day work of courts and lawyers. From the perspective of international human rights standards, it is crucial that the right of individuals to an operative and independent judicial system, in particular the right to an effective remedy, habeas corpus guarantees and access to a lawyer of one’s choosing are strictly adhered to”.
“Our fifth Expert Discussion on economic and social rights, is devoted to addressing the major problems people have in getting access to justice and defending their rights during the global COVID-19 pandemic,” said Sam Zarifi, the ICJ Secretary General.
“The ICJ has documented how around the world the pandemic has severely affected peoples’ right to health, to food, to water, to education and to sanitation, and we have also seen the additional difficulties facing people with lower income and access to the levers of power.”
“We aim to discuss how international law and national best practices can help the judiciary and legal system alleviate some of the human rights issues arising from Covid-19 in Uzbekistan, and maybe even build a more responsive and accountable system after the pandemic.”
Background:
The Expert Discussions on ESC rights aim to raise awareness about the implementation of international law and standards on ESC rights by the national justice system, to facilitate access to justice in relation to ESC rights and promote effective use of international law on ESC rights at the national level. Each Expert Discussion is attended by international and national experts.
The first discussion was held in September 2018 on international standards in labour rights. The second meeting, held in December 2018, concerned judicial application of the principle of non-discrimination; the third meeting, held in March 2019, was dedicated to the rights of people with disabilities, and the forth meeting, held in October 2020, discussed the right to adequate housing in Uzbekistan.
Uzbekistan ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1995.
The Expert Discussions are organized by the ICJ within the framework of the “Advancing Civil Society in Promoting economic, social and cultural rights (ESCR) Standards in Uzbekistan (ACCESS)” Project funded by the EU through the European Instrument for Democracy and Human Rights (EIDHR).
Contact:
Dilfuza Kurolova, ICJ Legal consultant, t: +998 90 9050099 ; e: dilfuza.kurolova(a)icj.org
Agenda:
English version
Russian version
Uzbek version
