Sep 27, 2019 | News
The ICJ today called on the Egyptian authorities to respect and protect the right of Egyptians to the freedom of expression, association and assembly, and ensure that all those arbitrarily detained over the past week in the context of recent protests against President Abdel Fattah Al-Sisi’s rule are immediately and unconditionally released.
On 26 September, the Office of the Public Prosecutor issued a statement confirming the detention of more than 1000 people following their “participation in protests” and “confessions” that their participation is related to “their dissatisfaction with the economic situation in the country,” and “opposition to the regime.”
Documentation by local NGOs indicates that as many as 2000 people may have been arrested, and that most of them were charged with “belonging to a ‘terrorist group’ and “distributing false information through social media aiming at disturbing the public order and opinion.”
“Egyptians taking to the street in protest are defying six years of Sisi’s government rampant corruption, relentless repression, and systematic dismantling of the rule of law and accountability safeguards,” said Said Benarbia, ICJ MENA Director.
Benarbia added, “By filling prisons with those purportedly dissatisfied with the situation in the country, Egypt’s prosecutors and judges are acting, yet again, as a docile tool of repression rather than a shield against the military’s crackdown on human rights and fundamental freedoms.”
As the country braces for new protests today, the ICJ is deeply concerned that Egyptian laws place overly restrictive limitations on the exercise of the right to freedom of assembly and give security forces sweeping powers to disperse protests, including by using lethal force when it is not strictly necessary to protect lives.
Six years after the killing by the armed and security forces of more than 1,000 individuals in the context of the dispersal of the Rabaa’ Al-Adawyia and Al Nahda Square sit-ins, the ICJ notes that not a single person has been brought to justice for the mass killings of protestors.
“Egyptian security and armed forces have a long history of recourse to unlawful and disproportionate use of force, including firing with live ammunition into crowds,” said Benarbia.
“They must comply with Egypt’s obligations under international law and guarantee the rights of protesters to life, to be free from torture and other ill-treatment, and to freedom of assembly, association and expression,” added Benarbia.
Contact:
Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Download:
Egypt-free detainees-News-Press releases-2019-ARA (press release in Arabic, PDF)
Sep 27, 2019 | News
ICJ today denounced the promulgation of the Khyber Pakhtunkhwa Actions (In Aid of Civil Power) Ordinance, 2019, by the Governor of the Khyber Pakhtunkhwa province on 5 August 2019.
The ICJ said that implementation of the Ordinance will lead to serious human rights violations and miscarriages of justice, contrary to the purported aims of the measures.
“The Ordinance is yet another example of Pakistan’s resort to ‘exceptional’ measures that are grossly incompatible with human rights protections, ostensibly to combat terrorism and other serious crime,” said Frederick Rawski, ICJ’s Asia Director.
“Pakistan must reject this dangerous, oppressive, and counter productive strategy and instead strengthen its judicial process and law enforcement in line with its domestic law and international human rights law obligations,” he added.
The Ordinance gives sweeping powers to members of the armed forces, including the power to detain people without charge or trial on a number of vaguely defined grounds where it appears that such “internment” would be expedient for peace. Individuals may be detained for an unspecified period without any right to be brought before a court of law or to challenge the lawfulness of detention before a court.
In addition to the vague and overbroad detention provisions, the Ordinance provides that statements or depositions by members of the armed forces shall on their own be sufficient for convicting the detainees if they are tried for any offence.
The Ordinance also provides wide immunity for armed forces for any action done, taken, ordered to be taken, or conferred, assumed or exercised by, before or after the promulgation of the Ordinance.
The Ordinance is incompatible with “fundamental rights” guaranteed by the Constitution of Pakistan, as well as Pakistan’s international legal obligations, including under the International Covenant on Civil and Political Rights (ICCPR), the ICJ said.
Article 9(4) of the ICCPR, for example, guarantees the right of all detainees to take proceedings before a court to challenge the lawfulness of their detention, and to be released if the court finds such detention unlawful.
The President of Pakistan passed similar regulations, namely, the Actions (In Aid of Civil Power) Regulations in 2011, which were applicable in the former Federally Administered Tribal Areas (FATA) and the Provincially Administered Tribal Areas (PATA). The Actions (in Aid of Civil Power) Regulations were extensively used as a legal cover for arbitrary detention and enforced disappearances.
In their review of Pakistan’s implementation of the ICCPR and the Convention against Torture (CAT), the UN Human Rights Committee and the UN Committee against Torture in 2017 expressed concern about the Regulations, and recommended that Pakistan “review the Actions (in aid of Civil Power) Regulation, 2011 with a view to repealing it or bringing it into conformity with international standards.”
“It is regrettable that not only did Pakistan flout these express recommendations of the UN Committees, but that it extended the scope of the regulations,” added Rawski.
“This step also calls into question Pakistan’s pledge for election to the UN Human Rights Council in 2017, where Pakistan ‘firmly resolved to uphold, promote and safeguard universal human rights and fundamental freedoms for all’,” Rawski said.
ICJ urges the Pakistan Government to immediately revoke the Khyber Pakhtunkhwa Actions (In Aid of Civil Power) Ordinance, and to review all national security legislation to ensure it is fully compatible with international human rights law and standards.
Contact
Frederick Rawski (Bangkok), ICJ Asia Pacific Regional Director, e: frederick.rawski(a)icj.org
Reema Omer, ICJ Legal Advisor (South Asia) t: +447889565691; e: reema.omer(a)icj.org
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Full statement, with additional information: Pakistan-Khyber Pakhtunkhwa Actions Ordinance-Press releases-2019-ENG (PDF)
Sep 25, 2019 | Events, News
The ICJ is organizing its first fundraising Gala concert on Monday 14 October at 7:30pm in the Palais Eynard, 4 rue de la Croix Rouge, Geneva. The event will support the ICJ and its fight for the defense of the Rule of Law in the world and marks the end of the series of events we organized for our 60th anniversary in the city of human rights.
The theme of our Gala will be: “Geneva, the Defense of the Rule of Law: What can I do?”
After a welcome from the Mayor of Geneva and an introduction from Me Pierre de Preux, former Bâtonnier of the Geneva Bar, ICJ Commissioners including Sir Nicolas Bratza (former President of the European Court of Human Rights), Dame Silvia Cartwright (former Judge and Governor General of New Zealand), Professor Bob Goldman (ICJ President and former President of the Inter-american Commission on Human Rights) and Ms Roberta Clarke (ICJ Executive Chair, UN Women’s Office for the Caribbean, UN Women’s Regional Office for Asia and the Pacific) will give concrete answers to this question.
But the evening is also to enjoy a wonderful Concert of the ‘Soloists of the Menuhin Academy’ (photo) and the cocktail after that.
To reserve: Pascale.andris@icj.org
You cannot come but still want to make a donation: please click here
Download the invitation
Invitation Gala 14 Oct
Sep 16, 2019 | Advocacy, Non-legal submissions
The ICJ today put the spotlight the increase and “normalisation” of enforce disappearances and abductions worldwide, with examples about Turkey, Egypt and Saudi Arabia, speaking at the UN Human Rights Council in Geneva.
The statement, made during the general debate, reads as follows:
The International Commission of Jurists (ICJ) shares concerns highlighted by the Working Group on Enforced and Involuntary Disappearances in its report (UN doc. A/HRC/42/40) at the “increasing use of extraterritorial abductions” and at the “normalization of these practices” globally. ICJ previously documented such practices in our 2017 report, Transnational Injustices.
The killing of Jamal Khashoggi by Saudi Arabia is an example of particular concern, as is the reported abduction, by Turkish authorities, of persons they claim to be linked to “terrorist organisations.” Several of these people, who later reappeared in Turkish prisons, are currently facing serious challenges in mounting a proper legal defence. Complaints of the families have not been properly investigated.
In Egypt, the National Security Agency (NSA) has been abducting and forcibly disappearing hundreds as a technique to suppress dissent. This year, the ICJ and Adalah reported on the disappearance of 138 detainees for between 10 to 219 days, many of whom were subjected to torture.
The ICJ urges the Council to address these worrying developments and calls on all countries:
- to stop all practices of enforced disappearance, abduction or informal international transfer;
- to ratify the International Convention for the Protection of All Persons from Enforced Disappearance, and
- to provide to the victims of enforced disappearance and their families full access to their rights, including an effective remedy.
Sep 13, 2019 | Events, News
The ICJ and the UN Special Rapporteur on the rights of indigenous peoples are organizing a panel discussion on indigenous justice and human rights, at the UN Human Rights Council session in Geneva.
The event takes place Tuesday, 17 September 2019, at 13:00 – 14:30, Room VIII, in the Palais des Nations.
The event will discuss, among other aspects:
- The right of indigenous peoples to maintain their legal systems;
- The contribution of indigenous justice systems to equal access to justice, including under SDG 16;
- Indigenous justice systems and other human rights, including fair trial and rights of women and children;
- The relationship between indigenous and non-indigenous justice systems.
The panel will feature:
- Victoria Tauli Corpuz, UN Special Rapporteur on the rights of indigenous peoples.
- Ilaria Bottigliero, IDLO Director of Policy, Research and Learning.
- Jovita Tzul Tzul, indigenous lawyer from Guatemala.
- Matt Pollard, ICJ Senior Legal Adviser.
The event will allow for dynamic exchange between panelists and attendees, on current initiatives including: the Special Rapporteur’s report on indigenous justice systems; ICJ’s global initiative on indigenous and other traditional or customary justice systems; and IDLO’s series of publications titled ‘Navigating Complex Pathways to Justice: Engagement with Customary and Informal Justice Systems’, which aim to advance policy dialogue and distil lessons from programming and research to help realize SDG 16.
Spanish-English interpretation will be available.
A flyer in PDF format can be downloaded here: SideEvent-IndigenousJusticeandHumanRights
For more info contact un(a)icj.org
