Feb 28, 2020 | News
The ICJ and the International Bar Association’s Human Rights Institute (IBAHRI) urge the Turkish Council of Judges and Prosecutors (CJP) to stop their investigation into the three judges of the Istanbul 30th Heavy Penal Court who, on 18 February 2020, acquitted the defendants in the Gezi Park trial due to a lack of evidence.
According to a statement from 30 Turkish bar associations, the sole reason for the investigation was the acquittal in the Gezi Park trial. The Council of Judges and Prosecutors, the body of self-governance of the judiciary, has the power to launch and take disciplinary action against judges, including disciplinary proceedings leading to removal from office.
“The launch of such an investigation is a further sign of the grave decline of the rule of law in Turkey”, said Massimo Frigo, Senior Legal Adviser for the ICJ Europe and Central Asia Programme “The disciplinary proceedings against these judges appear to be a direct interference in their decision-making power and will have a chilling effect on the independence of all members of the judiciary.”
“The role of the Council of Judges and Prosecutors should be to protect the independence of the judiciary – not to be an instrument of control and pressure against individual judges” said Massimo Frigo.
IBAHRI Co-Chair, the Hon Michael Kirby AC CMG, commented: “The IBAHRI and the ICJ jointly welcomed the acquittal of Osman Kavala and the other 15 defendants. Now, we condemn the re-arrest of Mr Kavala, continue to stand with the defendants, and call for Mr Kavala’s immediate release. We implore the Turkish Council of Judges and Prosecutors to reconsider the hugely damaging impact their inspection of the judges will have on the principles of judicial independence and the rights of lawyers, and to cease all action in this respect.”
The launch of this investigation occurred immediately after the acquittals in the Gezi trial, spurred by the vehement public protests by President Erdogan against the verdict.
30 Turkish Bar Associations have issued a statement calling for the resignation of the members of the Council of Judges and Prosecutors and considered this investigation as a violation of the principle of judicial independence under the Turkish Constitution.
Background
The defendants in the Gezi trial – with the exception of those not present in Turkey who will be tried separately – were acquitted on 18 February for lack of evidence. The ICJ and IBAHRI welcomed the acquittal after having observed all hearings of the trial. The very evening of the verdict, one of the defendants, Osman Kavala, was re-arrested on suspicion of “attempting to disrupt the constitutional order” connected to the failed coup attempt of 2016.
Osman Kavala has been in detention since 18 October 2017 pending trial on charges connected to the Gezi Park protests. The Gezi Park protests began in May 2013 as an effort by a group of environmentalists to save a park in central Istanbul from being rezoned, but soon grew into nationwide demonstrations. Police quelled the protest in Taksim Square with the use of tear gas and water cannons.
Contact:
Massimo Frigo, ICJ Senior Legal Adviser – e: massimo.frigo(a)icj.org – t: +41229793805
Feb 19, 2020 | News
Huda Al- Sarari, Yemeni lawyer and human rights defender, is the 2020 Martin Ennals Award laureate. She was among three women selected as finalists by a jury of ten of the world’s leading human rights organizations, including the ICJ, along with Sizani Ngubane, South Africa, and Norma Librada Ledezma, Mexico.
The 2020 Martin Ennals Award ceremony, co-hosted by the Martin Ennals Foundation and the City of Geneva, was held today, and for the first time in the history of the Award, all three finalists are women.
“Women human rights defenders are subject to the same risks as every human rights defender, but as women, they also face certain forms of violence and violations due to their gender. They are often stigmatized and ostracized by community leaders, faith- based groups and even family members,” said the Mayor of the City of Geneva, Sandrine Salerno.
“The Martin Ennals Foundation is particularly proud to honour and support three resilient women human rights defenders this year, our laureate Huda Al-Sarari, as well as our two finalists Sizani Ngubane and Norma Librada Ledezma for their achievements. We hope that the award will shed a light on their achievements, and strengthen protection mechanisms around them,” said Philippe Currat, President of the Board of the Martin Ennals Foundation.
Huda Al-Sarari is a Yemeni lawyer and human rights defender who graduated in Sharia and Law from Aden University. She also holds a masters in Women’s Studies and Development from the Women’s Centre at Aden University. Over the last years, Huda investigated, exposed and challenged the enforced disappearances that occurred as a result of secret prisons run by foreign governments in Yemen where thousands of men and boys have suffered from arbitrary detention, torture and extrajudicial killings. She collected evidence on more than 250 cases of the abuse taking place within those prisons.
“Being a human rights defender in Yemen is extremely challenging, and being a woman makes this even more difficult. In a male-dominated society, I have to prove myself maybe ten times more than a man,” she said.
Despite the threats, defamation campaigns and sacrifices she and her family endured, Huda continues to stand alongside the families of those who have disappeared.
“Receiving the 2020 Martin Ennals Award for human rights defenders means the world to me. It gives me great strength and emboldens me to continue this fight for justice. I believe the Award will be incredibly important in drawing attention to the continual plight of victims of arbitrary detention, abuse and torture in Yemen,” she added.
“We commend Huda for the work that she conducted, not only against the backdrop of the ongoing Yemeni civil war, but also, in a country where women still struggle to express their political and civil rights. Huda’s legacy is crucial as her thorough investigations and search for accountability will serve to bring justice for human rights violations occurred during the conflict,” said Hans Thoolen, Chair of the Martin Ennals Award Jury.
The two finalists of the Martin Ennals Award this year are Sizani Ngubane (South Africa) and Norma Librada Ledezma (Mexico).
Sizani is a human rights defender who advocates for land rights for women in rural areas on South Africa. She also supports women to access education, and fights for the end of the traditional practice of Ukuthwala, which is the abduction and forced marriage of young girls and women.
Norma is the founder of Justicia para Nuestras Hijas. She has supported over 200 investigations into cases of feminicide, enforced disappearance and human trafficking in Chihuahua, Mexico.
Both were praised by the Martin Ennals Jury member organizations for their commitment and tremendous achievements in their respective countries.
Additional information
The City of Geneva has hosted the Award ceremony since 2008, together with the Martin Ennals Foundation, as part of its deep commitment to the defense of human rights. The support of the City, by means of its Service for International Solidarity, reflects its mission to promote human rights both internationally and
The Jury of the Martin Ennals Award is comprised of ten of the world’s leading human rights organizations: the ICJ, Amnesty International, FIDH, Human Rights First, HURIDOCS, International Service For Human Rights, Brot für die Welt (Bread for the World), Front Line Defenders, Human Rights Watch and the World Organization Against Torture.
Download
Universal-MEA2020bios-News-2019-ENG (full bios of finalists, in PDF)
Universal-MEA2020winner-News-Press releases-2019-ARA (full story in Arabic, PDF)
Universal-MEA2020bios-News-2019-ARA (full bios of finalists, in Arabic, PDF)
Contact
Olivier van Bogaert, Director Media & Communications, ICJ representative in the MEA Jury, t: +41 22 979 38 08 ; e: olivier.vanbogaert(a)icj.org
Watch the ceremony as it happened
https://www.facebook.com/MartinEnnals/videos/2552501445008021/
Feb 13, 2020 | News
From 12-13 February, the ICJ, in collaboration with the Supreme Court of the Republic of Benin and the African Association of the Francophone Higher Jurisdictions, hosted regional judicial dialogue and training for effective implementation of human rights in francophone Africa in Cotonou.
The President of the Constitutional Court of Benin, Justice Joseph Duogbenou, the Vice President of the ECOWAS Community Court of Justice, Justice Ouattara Gberi Be and the President of the High Court of Benin, Lady Justice Marie Cecile de Dravo Zinzindohoue were among the participants.
Judges and other jurists representing the Supreme Courts and Constitutional Courts of Benin, Burkina Faso Cameroon, DR Congo, Gabon, Guinea, Côte d’Ivoire, Mali, Niger, Senegal and Togo also participated.
President Patrice Talon, who was represented by the Minister of Justice and the Legislature, M. Maxime Ouenum, opening the ceremony, noted that ‘fundamental rights and freedoms are binding on legislative, executive and judicial authorities because of the Constitutional, Conventional and National protection they enjoy’. They therefore ‘create obligations on states and on those who act on behalf of states, they cannot be ignored, denied or discarded’.
President of the Supreme Court of Benin, M. Ousmane Batoko emphasized the need to strengthen the capacity of judges for a more effective application of international human rights law in domestic adjudication. According to Justice Batoko, ‘The judge is at the very heart of the day to day construction and perpetuation of international human rights law.
‘’The protection of human rights goes beyond international and national legislation, and requires active protection by judges in the court rooms across Africa‘‘ said Arnold Tsunga, ICJ’s Africa Regional Director. He expressed hope that the dialogue would help to ensure that African peoples enjoy their human rights in totality. “The architecture for the protection of human rights can only be effective when national judges are equipped to play the very vital role that they have as the first layer of protection available to victims of human rights violations,“ Tsunga added.
At the end of the two-day programme which included lectures and judicial conversations, participants adopted a communique in which they affirmed their continued commitment to the promotion and protection of human rights in Africa expressing a desire for such colloquia to be held more frequently in order to build the capacity of the judiciaries in West Africa.
Contact
Arnold Tsunga, ICJ Regional Director for Africa, t: +27 716405926 or +263 777 283 249: e: arnold.tsunga@icj.org
Solomon Ebobrah, Senior Legal Adviser (ARP), t: +234 803 492 7549, e: Solomon.ebobrah@icj.org
Jan 18, 2020 | Advocacy, News
From 16 to 17 January 2020, the ICJ, in collaboration with the National Police Commission (KOMPOLNAS), UN Women, and the Office of the United Nations High Commissioner for Human Rights (OHCHR) organized a Seminar on Eliminating Gender Discriminatory Practices for the Police.
It was held in Bogor, Indonesia and gathered 30 law enforcement officers from Indonesian provinces that are reported to have the highest rate of incidents of violence against women.
Frederick Rawski, ICJ’s Asia and the Pacific Regional Director, stressed to participants that, “Police officers are the first point of contact for women who try to access justice for violations committed against them. It is important therefore for these officers to be well-trained on gender sensitivity and women’s human rights.”
“Only 40 percent of women speak out on violence, and only 10 percent of these report to the police because they are often blamed for the violence they experience or humiliated by those who should protect them,” added Ms. Doreen Buettner, Programme Specialist on Access to Justice of UN Women.
Indonesia is a State Party to the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW), having ratified it on 13 September 1984. It has established a gender mainstreaming mechanism under Presidential Instruction No. 9 of 2000 on Gender Mainstreaming in National Development, which obliges all government representatives and agencies, including the police, to mainstream gender in their work in order to eliminate gender-based discrimination.
Ms. Poengky Indarti, Commissioner from the National Police Commission (KOMPOLNAS), stressed that “Gender-responsive police training should not a one-time thing, we need to institutionalize the training for it to be sustainable.”
At the seminar, the discussions were aimed at strengthening the understanding of the members of police officers on women’s human rights, and the importance of eliminating gender stereotyping in their work to enhance access to justice for women.
Ms. Siti Aminah, Commissioner of the National Commission of Violence Against Women in Indonesia (Komnas Perempuan) and Professor Meg Garvin, Executive Director of the National Crime Victim Law Institute (NCVLI) and Clinical Professor of Law at the Lewis & Clark Law School facilitated discussions on common gender stereotypes in Indonesia and strategies, protocols and good practice relating to all aspects of responses to incidents of violence against women.
Contact
Ruth Panjaitan, National Legal Advisor for Indonesia, International Commission of Jurists, e: ruthstephani.panjaitan(a)icj.org
Resources
To access pictures from the event, click here.
Dec 16, 2019 | Agendas, Events, News
Today begins in Ankara (Turkey) a one-day workshop for lawyers and CSO practitioners to discuss and brainstorm on an alternative Justice Reform Strategy.
This event is organized by ICJ, in cooperation with its partners Kapasite Geliştirme Derneği and Human Rights Joint Platform, as part of a EU co-financed project Rebuilding and Ensuring Access to justice with civil society in Turkey.
The workshop aims at discussing the key reforms proposed by the Government of Turkey in its Judicial Reform Strategy and provide with an assessment and an alternative plan for reform based on international standards and jurisprudence on access to justice and the independence of the judiciary.
The workshop will provide presentations on international standards on the judiciary as well as on access to justice for human rights violations. It will produce a ten point strategy document to propose reforms that will uphold the independence of the judiciary and access to justice in Turkey.
The project is funded by the European Instrument for Democracy and Human Rights (EIDHR) of the European Union.
Turkey-Workshop-Agenda-AltJRS-Ankara-2019-eng (download the agenda)
