Feb 7, 2017 | News
Cambodian authorities should immediately drop the politically motivated criminal investigation of human rights defenders Am Sam-at and Chan Puthisak, the ICJ, Amnesty International and Human Rights Watch said today.
Cambodian officials have accused Sam-at, a respected human rights monitor at the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) for nearly 20 years, and Puthisak, a land rights activist from Boeung Kak Lake and former prisoner of conscience, of instigating violence at a 10 October 2016 demonstration.
Para-police forces, who are regularly used to suppress demonstrations, violently dispersed what had been a peaceful protest in Phnom Penh.
When Puthisak attempted to prevent para-police from confiscating a drum that was being used by a demonstrator, four or five para-police attacked him, repeatedly beating him on the head with their fists, according to a video of the incident.
When Sam-at tried to stop the assault, the para-police attacked him, also beating him on the head. Both men sustained injuries that needed medical attention.
“The investigation of Sam-at and Puthisak by the Cambodian authorities is a typically absurd and undisguised case of judicial harassment,” said Champa Patel, Southeast Asia and Pacific Director at Amnesty International.
“As usual, unnecessary and excessive use of force by the para-police goes unpunished, and those who work to promote and protect human rights find themselves subject to criminal proceedings.”
On 4 November, two members of the para-police filed a complaint with the Phnom Penh Court of First Instance, alleging that they were injured during the dispersal of the demonstration.
The authorities are investigating Sam-at and Puthisak for instigating intentional violence, under Articles 27 and 217 of Cambodia’s Criminal Code, which carry penalties of up to three years in prison.
Both men are due for questioning on 8 February by Phnom Penh Court of First Instance Deputy Prosecutor Ngin Pich.
There has been no indication that complaints filed against para-police by Sam-at and Puthisak after the incident on 10 October 2016 are being investigated.
The 10 October demonstration involved approximately 150 participants peacefully calling for respect for housing and land rights in Freedom Park, an area designated for demonstrations.
The protestors were marching on a street adjacent to the park when the incident took place.
Videos of the incident establish that the demonstration was peaceful and that Sam-at was wearing a blue human rights monitor vest when the para-police attacked him.
The case investigation of the two falls within a wider pattern of judicial intimidation in Cambodia.
There are currently as many as 26 human rights and political activists in prison on charges which have all the hallmarks of being politically motivated.
This includes 14 political activists who were jailed following a demonstration in July 2014, when para-police violently clashed with participants.
No efforts have been reported of the authorities’ efforts to bring to justice the para-police responsible for the unlawful use of force.
“The case against Sam-at and Puthisak is part of an extensive effort by the Cambodian authorities to discredit the legitimate work of human rights organisations and to make clear the threat of prison for everyone working to promote and protect rights in the country,” said, Phil Robertson, Asia Deputy Director at Human Rights Watch.
“This campaign of intimidation against rights advocates has to stop now.”
Para-police, often referred to as “district security guards,” are auxiliary security forces that are regularly used to violently suppress demonstrations in Cambodia.
No single legal document sets out the rules governing their functions and powers. Rather, their legal basis and the rules governing their activities are set out in a confusing combination of government statements and policies, and by instructions from the Ministry of Interior.
They work in tandem with police, under the authority of district governors.
“The Cambodian government should be commending people like Sam-at and Puthisak for their work to promote and protect human rights rather than trying to intimidate them,” said Kingsley Abbott, Senior International Legal Advisor at the ICJ.
“The case should be immediately and formally closed and a genuine investigation initiated into wrongful use of force by the para-police.”
Feb 1, 2017 | News
The ICJ today launched a new global initiative focussed on redress and accountability for gross human rights violations.
In all regions of the world, perpetrators of gross human rights violations enjoy impunity while victims, especially the most vulnerable and marginalized, remain without effective remedies and reparation.
Governments of countries in transition and/or experiencing a wider rule of law crisis often seek to provide impunity for perpetrators of gross violations of human rights, or make no effort to hold them to account, or misuse accountability mechanisms to provide arbitrary, politically partial justice.
Yet international law requires perpetrators to be held accountable and victims to be provided with effective remedies and reparation, including truth and guarantees of non-recurrence.
This is reinforced by the 2030 Sustainable Development Agenda, which recognizes the need to build peaceful, just and inclusive societies that provide equal access to justice, are based on the rule of law and respect for human rights, and provide for accountability.
“Impunity and lack of redress dehumanizes victims and acts as an impediment to the cementing of democratic values and the rule of law”, said Alex Conte, coordinator of the ICJ initiative.
Lack of accountability and claims for justice dominate national debates, frequently leading to a paralysis or reduced functioning of the institutions of the State and detracting from the pursuit of other rule of law and development initiatives.
Impunity threatens a nascent democracy by rendering its constitution hollow, weakening its judiciary and damaging the political credibility of its executive.
Public institutions often act in ways that bring them into disrepute and undermine the public confidence in them that is required for sustainable transition, for example through the legislature enacting laws providing for impunity, through law enforcement and the judiciary acting on a selective basis or without independence, and/or through the executive ignoring rule of law based judgments by higher courts.
A failure to guarantee redress and accountability has too often also resulted in former structures of power, to the extent that they enjoy impunity, transforming into criminal and hostile elements that may perpetuate violence and conflict.
The ICJ’s new initiative, generously sponsored by the Finnish Ministry of Foreign Affairs, currently focuses on seven countries (Cambodia, Mozambique, Myanmar, Nepal, Tajikistan, Tunisia and Venezuela) aims to combat impunity and promote redress for gross human rights violations.
It concentrates on the transformative role of the law, justice mechanisms and justice actors, seeking to achieve greater adherence of national legal and institutional frameworks with international law and standards so as to allow for effective redress and accountability; more independent justice mechanisms capable of dealing with challenges of impunity and access to redress; and judges, lawyers, human rights defenders, victims and their representatives that are better equipped to demand and deliver truth, justice and reparation.
The initiative will commence with the production of baseline studies on the situation in each focus country concerning accountability, access to justice/redress and the independence and accountability of judges and lawyers.
These will form the basis for tailored plans of action for each country identifying interventions and capacity building activities that can best drive the brining to justice of perpetrators of human rights violations and the access of victims to effective remedies and reparation.
Implementation of those activities will follow, alongside the production of global manuals and guides on key challenges for redress and accountability.
GRA Initiative Factsheet
Feb 1, 2017 | News
The ICJ, the European Council on Refugees and Exiles, Refugee Rights Turkey, Mülteci-Der and the ICJ-European Institutions begun today a two-year project to enhance access to justice for migrants, refugees and asylum-seekers in Turkey.
The project, which also aims to ensure protection of their rights, at the national and international levels, is co-funded by the European Union.
More information here: Turkey-ICJ project migrants-News-2017-ENG
Jan 21, 2017 | Agendas, Events, News, Training modules
Today, the ICJ and Legal Clinic for Refugees and Immigrants are holding a training for lawyers on the rights of migrant children and on accessing international human rights mechanisms in Sofia.
The training aims to support the strategic use of national and international mechanisms to foster migrant children’s access to justice.
The training will take place over the course of two days from 21-22 January 2017.
The training will focus on accessing the international mechanisms in order to protect and promote the rights of migrant children, the child’s right to be heard and the best interests of the child principle.
A practical session on communication with child clients for lawyers as well as practical case studies will be part of the training.
Trainers include experts from the ICJ, Child Law Clinic of the University College Cork and Foundation for Access to Rights.
The training is based on draft training materials prepared by the ICJ (to be published in the second half of 2017) and the ICJ Practitioners Guide no. 6: Migration and International Human Rights Law.
It is organized as part of the FAIR project co-funded by the Rights, Equality and Citizenship Programme of the European Union and OSIFE.
Download the agenda in English here: Bulgaria-FAIR training-Events-Agenda-2016-ENG
Jan 6, 2017 | News
As Pakistani military courts once again cease to have jurisdiction over civilians for terrorism-related offences, the Government must urgently reform the country’s criminal justice system, the ICJ said today.
Perpetrators of terrorist attacks must be brought to justice pursuant to fair credible trials and in accordance with due process, the human rights organization added.
The 21st Amendment and corresponding amendments to the Army Act 1952 are scheduled to lapse today, as their respective two-year sunset clauses expire. So far, the Pakistani Government has not proposed any legislation to extend the jurisdiction of military courts to conduct trials of civilians, the ICJ says.
The Geneva-based organization has published an updated list of people convicted by military courts, the charges against them, and their alleged organizational affiliations.
“The lapse of the jurisdiction of military courts over civilians is a step in the right direction, but unsurprisingly, there is no sign of the promised reforms to strengthen the ordinary criminal justice system to effectively handle terrorism-related cases,” said Sam Zarifi, ICJ’s Asia Director.
The National Action Plan envisioned military courts as a short-term “exceptional” measure to try “terrorists”, to be operational only for a two-year period during which the Government would bring about necessary “reforms in criminal courts system to strengthen the anti-terrorism institutions.”
“The Pakistani Government must not re-enact legislation to continue secret military trials of civilians, nor resort to more short-term, short-sighted security measures that are contrary to human rights protections,” Zarifi added.
Instead, the Government should urgently invest in enhancing the capacity and security of judges, investigators and prosecutors to make the regular criminal justice system more effective in conducting fair, credible terrorism trials and bringing perpetrators to account, the ICJ says.
According to military sources and ICJ’s monitoring of military trials in Pakistan since January 2015, military courts have convicted 274 people for their “involvement” in terrorism-related offences, 161 of whom have been sentenced to death.
Twelve out of the 161 people sentenced to death have been hanged, 113 people have been given prison sentences. Details of only seven people given life imprisonment have been made public. The names, charges, and duration of prison terms for the remaining 106 people have not been disclosed.
Contact
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Reema Omer, ICJ International Legal Adviser for Pakistan (Lahore), t: +923214968434; e: reema.omer(a)icj.org
Read also
Pakistan: stop military trials for civilians
Pakistan: ICJ urges Government not to extend oppressive counter-terrorism law
Additional information
At least 159 out of 168 people (95 per cent) whose convictions have been publicly acknowledged by the military had allegedly “admitted” to the charges, raising serious questions about the possibility of torture or other coercive measures being used to secure these confessions.
The ICJ’ 2009 global study on state responses to security threats examined in detail the dangers of the “exceptionalism doctrine”, which justifies a departure from the normal legal processes and human rights protections on the basis of the “exceptional” character of the threat.
In time, many of these measures became permanently incorporated into ordinary law, blinding governments to the actual reasons behind the lack of accountability for terrorism and serious crime.
