Dec 17, 2020 | News
The ICJ and the Human Rights Joint Platform released today a joint statement, calling attention to a variety of obstacles faced by those seeking access to justice for human rights violations in Turkey.
The statement includes 13 recommendations to the Turkish government to ensure the justice system can uphold human rights.
In Turkey, victims of human rights violations remain unable to access justice, particularly effective remedies and reparation for violations of their rights, and there is little accountability of the State or State authorities for what are often serious violations.
Access to Justice has suffered by the immense damage done to the justice system in Turkey in recent years. The systematic undermining of judicial independence, and of the work of prosecutors and lawyers, through the widespread practice of arbitrary arrest and detention, unfounded prosecutions and dismissals of legal professionals as well as other human rights defenders, have fatally undermined the capacity of the justice system to provide reliable protection for human rights.
The Joint Statement is the fruit of three years of intensive work on access to justice for human rights violations in Turkey by the ICJ and IHOP.
During the last three years, the two organizations had the opportunity to gather the views of a wide range of stakeholders, including civil society, judges, lawyers, prosecutors, government officers, international experts, international organizations, human rights defenders and victims of human rights violations. The conclusions by ICJ and IHOP are a reflection of these opinions.
Drawing on this work and their decades-long experience in access to justice, the ICJ and IHOP have outlined the measures needed to begin to restore effective access to justice in Turkey.
The Joint Statement is part of the REACT project: implemented jointly by ICJ and IHOP, this project seeks to support the role of civil society actors in turkey in ensuring effective access to justice for the protection of human rights. This project is funded by the European Union. The views portrayed here do not necessarily reflect the opinion of the EU.
ICJIHOP-JointStatement-2020-ENG (download the statement in English)
ICJIHOP-JointStatement-2020-TUR (download the statement in Turkish)
Dec 10, 2020 | News
ICJ’s 16 Days of Activism Against Gender-Based Violence underscores the need for justice systems to be more responsive.
The campaign commenced on 25 November, International Day for the Elimination of Violence against Women, and ended today on Human Rights Day. The campaign presented “an impact story” poster series, Facebook live interviews and opinion pieces on gender-based violence in Africa, Asia, Latin America, Middle East and North Africa.
The campaign underscored that harmful traditional norms and gender stereotypes provide the backdrop for the systematic and widespread abuse of women and girls’ human rights across the globe; it also emphasized the need to maintain essential services for survivors of gender-based violence (GBV) during COVID-19 lockdowns, including ensuring a continuum of adequate criminal justice response.
“Violence against women and girls around the world has increased in this global pandemic. Governments have a duty to ensure that their response to Covid-19 includes preventing such violence. For instance, all hotline services for reporting domestic violence must remain open during lockdowns and be considered part of essential services. The police must likewise be ready to act speedily if required. They must be made aware that women and girls are especially vulnerable at this time,” said ICJ Commissioner Ambiga Sreenevasan from Malaysia.
Throughout the campaign, the ICJ also underscored the ongoing need to support civil society organizations’ and women human rights defenders’ response to GBV, as well as the need to strengthen the judiciary’s capability to respond to GBV by enhancing its reliance on international human rights law and standards.
“The authorities have turned a blind eye to gender-based violence for far too long and it is time to prioritize combatting the phenomenon effectively, including through legislative reform and awareness raising,” said ICJ Commissioner Marwan Tashani from Libya.
Poster Series
Imrana Jalal (ICJ Commissioner, Fiji)
Mikiko Otani (ICJ Commissioner, Japan)
Ambiga Sreenevasan (ICJ Commissioner, Malaysia)
Marwan Tashani (ICJ Commissioner, Libya)
Kaajal Ramjathan-Keogh (ICJ Africa Regional Programme Director)
Saïd Benarbia (ICJ MENA Programme Director)
Carolina Villadiego Burbano (ICJ Legal and Policy Adviser, Latin America)
Sexual Violence & Criminal Law in Zimbabwe
Amy Alabado Avellano (Family Court Judge, Philippines)
Savithri Wijesekera (Executive Director of Women In Need, Sri Lanka)
Nahla Haidar (ICJ Commissioner, Lebanon)
Saman Zia-Zarifi (ICJ Secretary General)
Tshabalala v S (South African Constitutional Court judgment on the doctrine of common purpose applied to rape)
Infographic
The Case for Reform: Criminal Law and Sexual Violence in Zimbabwe
Facebook Live Interviews
The Case for Reform: Criminal Law and Sexual Violence in Zimbabwe with Elizabeth Mangenje (ICJ Legal Adviser, Africa Regional Programme)
The State of GBV in the Middle East and North Africa Region with Nahla Haidar El Addal (ICJ Commissioner, Lebanon)
Women’s Access to Justice – What does justice mean for women in the context of COVID-19? (Joint initiative of ICJ, UN Women, and OHCHR)
Women’s Access to Justice – What does justice mean for women prisoners? (Joint initiative of ICJ, UN Women, and OHCHR)
Op-eds
Mujeres, justicia y pandemia, by Carolina Villadiego Burbano
Yet another treaty aims to protect African women. But how will it be enforced? by Nokukhanya Farisè and Tanveer Rashid Jeewa
Nov 29, 2020 | News
The ICJ and its Swiss section (ICJ-CH) regret the results of the vote yesterday in Switzerland rejecting the popular initiative for responsible businesses. While the majority of the popular vote approved the initiative, there was no majority of voters in a majority of Cantons.
Under the Swiss constitution, to be approved, such initiative amending the constitution needs the majority of both the popular vote in Switzerland and in a majority of Cantons part of the Swiss Confederation.
“The strong support gathered by this initiative, expressed in the majority of the popular vote, is encouraging, and a strong message that the Federal Parliament and the Federal Council must take into account in the process of the implementation of the legislative counter-proposal and in further legislation,” said Marco Sassòli, ICJ commissioner.
A counter-proposal prepared by the Federal Council is now approved by default. This counter-proposal foresees due diligence obligations for some sectors and reporting obligations, but no specific legal liability.
The proposed initiative would have required multinationals based in Switzerland to respect human rights also abroad, and to carry out human rights due diligence to identify and prevent potential human rights abuses.
It would also have clarified the multinational’s legal responsibility for violations of internationally recognized human rights and environmental norms by enterprises that it controls and operate abroad.
Nov 20, 2020 | News
The ICJ today called on the Egyptian authorities to immediately and unconditionally release human rights defenders Gasser Abdel-Razek, Mohamed Bashseer and Karim Ennarah.
The detainees, senior staffers of the Egyptian Initiative for Personal Rights (EIPR), a leading human rights organization, were targeted in connection with their human rights work.
The arrests are part of a broader, relentless campaign by the military and government to intimidate and silence civil society organizations, including through such means as trumped-up “terrorism” charges and sham judicial proceedings.
“By arresting Mohamed Bashseer, Karim Ennarah and Gasser Abdel-Razek, and charging them with terrorism-related offences, the Egyptian government led by President Al-Sisi are writing a new, terrifying chapter in their repression playbook,” said Said Benarbia, Director of ICJ’s Middle East and North Africa Programme.
“Their crackdown on independent civil society must end.”
On 19 November 2020, Gasser Abdel-Razek, EIPR’s Executive Director, was arrested by security forces from his home in Maadi, Cairo. He appeared before the Supreme State Security Prosecution (SSSP) and charged in case No. 855/2020 with, among other charges, “joining a terrorist group” and “spreading false news.”
On 15 November 2020, EIPR’s Administrative Manager Mohamed Bashseer, was arrested at his house in Cairo. On 17 November 2020, Karim Ennarah, EIPR’s director of the criminal justice programme, was also arrested.
They both face similar charges in the same case No. 855/2020, together with other numerous lawyers and human rights defenders, including Mohamed El-Baqer and Mahienour al-Massry.
Over the past seven years, EIPR has been subjected to a pattern of harassment and persecution by the military and government.
In 2016, the assets of EIPR’s founder and former executive director, Hossam Bahgat, were frozen and he was subjected to a travel ban since then.
On February 2020, Patrick George Zaki, an EIPR researcher, was arrested at Cairo Airport by National Security Agency officers who reportedly subjected him to torture, including with electric shocks. He was charged by a public prosecutor with, among other charges, “spreading false news” and “inciting protest without authorization”. He remains in custody
The recent arrests of the three senior EIPR officials follow a visit by a number of European ambassadors and other diplomats to the EIPR Cairo offices on 3 November 2020, during which the human rights situation in Egypt was discussed.
“The international community and in particular States engaging in political and security cooperation with Al-Sisi’s regime must not overlook the serious violations against human rights defenders taking place in the country,” added Benarbia.
“They should demand an end to these violations and ensure that individuals and independent human rights groups are able to do their legitimate and critical human rights work freely and without intimidation.”
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Download the Arabic version
Egypt-EIPR crackdown-News-2020-ARA
Nov 3, 2020 | Advocacy, Non-legal submissions
Today, the ICJ, jointly with Human Rights Watch and the Turkey Human Rights Litigation Support Project presented a submission to the Council of Europe’s Committee of Ministers on the Execution of the judgment Kavala v. Turkey by the European Court of Human Rights.
The ICJ, Human Rights Watch and the Turkey Human Rights Litigation Support Project have reported to the Committee of Ministers that new charges against Osman Kavala lack concrete evidence and have been brought in disregard of the ECtHR’s judgment whose execution the Committee is supervising.
The three NGOs have invited the Committee of Ministers to:
- consider adopting the relevant recommendations formulated in their submission of 29 May 2020;
- take further steps to end immediately Mr. Kavala’s ongoing detention, which has now exceeded three years;
- recognise at its 1390th 1-3 December 2020 meeting that the continuing detention of Osman Kavala violates Article 46 of the Convention concerning the binding nature of final judgments of the ECtHR and may trigger Article 46(4) infringement proceedings against Turkey; and
- take the necessary general measures identified in the NGOs submission of 29 May 2020 to implement the ECtHR’s ruling concerning Article 5 and 18 of the Convention in Kavala v. Turkey and its findings in relation to human rights defenders.
In their initial submission dated 29 May 2020, the NGOs underlined that decisions taken to prolong Mr. Kavala’s detention had been guided by political expediency and there had been a concerted political effort by the Turkish authorities to prevent Mr. Kavala’s release. These bases for their action are evident in the sequence of court orders prolonging Mr. Kavala’s detention, the actions of the executive and prosecutors in relation to the judicial procedures against him, and the lack of due consideration of the ECtHR’s findings and objective deliberation as to the legality of any deprivation of liberty. The NGOs made several recommendations to the Committee of Ministers, on the issues of the general and individual measures, to ensure full implementation of the ECtHR’s judgment and Mr. Kavala’s immediate release on the ground that the Court’s judgment clearly applies to his ongoing detention.
In its judgment on Kavala v. Turkey, the EUropean Court of Human Rights, on 10 December 2019, found violations of Article 5(1) (right to liberty and security), Article 5(4) (right to a speedy decision on the lawfulness of detention) and Article 18 (limitation on use of restrictions on rights) of the European Convention on Human Rights taken together with Article 5(1). The Court required the Government of Turkey to take measures to end the detention of human rights defender Osman Kavala and to secure his immediate release. The Court stated that any continuation of Mr. Kavala’s detention would prolong the violations and breach the obligation to abide by the Court’s judgment in accordance with Article 46(1) of the Convention. The judgment became final on 11 May 2020.
Despite the Court’s clear findings and mandatory order, Mr. Kavala remains in detention as of the date of this submission.
Turkey-Kavala_v_TurkeyExecution-JointSubmission2-HRWICJTHRLP-2020-ENG
