Dec 10, 2019 | News
The ICJ mourns the loss of Professor Pedro Nikken, former President and Commissioner of the ICJ. Prof Nikken was elected ICJ President in January 2011, succeeding Mary Robinson (2008-2010) and followed by Nigel Rodley (2012-2017).
“Pedro Nikken left a tremendous legacy of respect for the rule of law and defense of human rights in his homeland of Venezuela, across Latin America and around the world,” said Prof Robert Goldman, the ICJ’s President.
“ Like so many others, I have lost a cherished friend and mentor whose company I will greatly miss,” he added.
Prof Nikken was a former Judge (1979-1989) and President (1983-1985) of the Inter-American Court of Human Rights. He served as UN Independent Expert on El Salvador from 1992 to 1995 and from 1990-1992 he served as Legal Adviser to the UN Secretary-General on El Salvador’s peace process.
In 1995 he served as Special Envoy of the UN Secretary-General to Burundi. He is former Dean and Professor (emeritus) at the Law School of the Universidad Central de Venezuela.
He was also former President and Permanent Counselor of the InterAmerican Institute of Human Rights. He was a Member (Chair N° 9) of the Venezuelan National Academy of Political and Social Sciences.
“Prof Nikken helped drive the ICJ’s work in pursuit of justice and accountability, particularly through regional human rights systems such as the Inter American Court of Human Rights, even as various governments tried to weaken the process and evade responsibility,” said Sam Zarifi, ICJ Secretary General.
“Pedro was indefatigable as a human rights defender and unsurpassed in the quality of his legal analysis, a rare combination of qualities that made him a role model for several generations of human rights lawyers around the world,” he added.
Pedro Nikken was born in Caracas, Venezuela in 1945. He graduated in 1968 from the Andres Bello Catholic University and obtained a diploma of higher studies in law at the Pentheon-Assas University (Paris II) and a doctorate in law from the University of Carabobo.
Dec 10, 2019 | News
The pervasive practice of torture and other ill treatment can only be addressed if the States in the region ensure perpetrators are held accountable in line with international standards, said lawyers and activists from Bangladesh, India, Nepal, Pakistan and Sri Lanka.
The call came at a regional conference on the investigation and prosecution of torture and other ill treatment in South Asia, organized by the ICJ ahead of Human Rights Day.
“Governments in South Asia have done very little to support the victims and survivors of torture and other ill treatment, or to ensure their rights to truth, justice and reparation,” said Frederick Rawski, ICJ’s Asia Director.
“Despite the persistence of the practice, Governments have failed to follow their legal obligation to treat these crimes as the serious human rights violation they are,” he added.
Torture and other ill treatment are prevalent in South Asia, and in some countries widespread and systematic, with perpetrators enjoying impunity for the crime.
According to the ICJ, States in the region continue to deny the pervasiveness of torture, use torture as a deliberate tool to control and punish dissent, fail to enact specific legislation to criminalize torture, and where a special law exists, fail to implement it in good faith.
Consequently, there have been few concerted efforts to hold perpetrators of torture and ill treatment to account.
All too often, perpetrators get away with only disciplinary sanctions, and even when prosecutions happen, they do not result in convictions and commensurate penalties.
Suspects are often lower or middle-ranking public officials rather than their superiors, who are charged with lesser crimes than torture, such as assault, battery, coercion or abuse of office that carry relatively low punishments.
Prosecutions frequently fail because of the difficulties to prove torture, including securing witnesses for the prosecution, inadequate or conflicting medical evidence as well as threats of reprisals influencing victims and witnesses.
Even when such hurdles are overcome, immunities that protect public officials from prosecutions allow perpetrators to escape accountability.
Furthermore, military and intelligence agencies have extensive and unaccountable powers, including for arrest and detention, which facilitate the practice of torture and other ill treatment.
Under international law, States must ensure protection against torture and other cruel, inhuman or degrading treatment or punishment.
Whenever there are reasonable grounds to believe that torture has been committed, States are required to investigate allegations competently, impartially, independently, promptly and thoroughly.
While a comprehensive set of reforms, both in law and policy, is required to prevent and combat torture and other ill treatment – ensuring accountability for perpetrators would be a first step, said the ICJ.
Contact:
Frederick Rawski (Bangkok), ICJ Asia Pacific Regional Director, e: frederick.rawski(a)icj.org
Reema Omer, ICJ International Legal Adviser for South Asia (Lahore), t: +923214968434; e: reema.omer(a)icj.org
Dec 7, 2019 | News
The ICJ called on the Indian government to conduct an independent and impartial investigation into the apparently unlawful killings by Telangana Police of the four men accused of raping and killing of Dr. Priyanka Reddy on November 27, 2019.
The men had been in police custody for over a week at the time of the killings.
“The rape and killing of Dr. Reddy is a heinous crime, and sadly only the latest in a pattern of rampant sexual violence that plagues India. The perpetrators of such acts must be held accountable,” said Frederick Rawski, ICJ Asia-Pacific Director. “However, the unlawful killing of suspects in custody helps no-one. It denies victims true justice, rewards unlawful behavior by the police, and generally undermines the rule of law.”
On November 27, Dr. Priyanka Reddy, a veterinarian, was returning home when she was gangraped. Her body was subsequently burned by the perpetrators. The next day, four suspects were arrested. According to the police, they remained in custody until Friday, 6 December, when all four were shot and killed after they allegedly attempted to take weapons from the police and tried to escape during a re-enactment at the crime scene. Details of the incident remain unclear, though it has the appearance of a custodial execution.
“The suspicious circumstances of these deaths in custody, and the history of the use of extrajudicial killings in India, demands a thorough, independent and impartial investigation,” said Rawski. “The nationwide alarm at the trend of sexual violence is completely warranted. However, celebrating the unlawful behavior of police will not ultimately protect women from sexual violence or address their lack of access to justice.”
Several Indian women’s rights activist groups have also condemned the killings. A statement by the All India Progressive Women’s Association’s statement pointed out that “This is not justice. This is a ploy to shut down our demand for accountability from the police, judiciary, governments, and justice and dignity for women.” The National Human Rights Commission of India has also called for an investigation into the circumstances of the killing.
According to international standards including the International Convention of Civil and Political Rights (ICCPR), to which India is a party, States have a duty to investigate allegations of extrajudicial executions with due diligence and good faith, regardless of whether or not there is a formal complaint. The investigation of extrajudicial, summary or arbitrary executions must be thorough prompt, impartial and independent, towards establishing the crime committed and prosecuting those responsible for the crimes. This has been reiterated by the Supreme Court of India, which has condemned encounter killings, and set out guidelines for their investigation.
The ICJ urges the Indian Government to conduct a thorough and impartial investigation into the killings by the police, in line with the Supreme Court’s decisions, and India’s constitution and international obligations. The ICJ calls upon the courts to ensure that police officials who conduct unlawful killings are held accountable. It also calls upon the Government to take immediate steps to address the lack of an effective response from police personnel to allegations of rape and sexual violence, and to take effective lawful measures to prevent the unacceptable attacks upon victims of rape and other sexual violence seeking a remedy in the courts.
Contact
Frederick Rawski, ICJ Asia-Pacific Director, t: +66 64 478 1121; e: frederick.rawski(a)icj.org
Maitreyi Gupta, ICJ India Legal Adviser, t: +91 77 560 28369 e: maitreyi.gupta(a)icj.org
Dec 5, 2019 | Advocacy, Analysis briefs
Today, the International Commission of Jurists published a legal briefing on the hearing on provisional measures to be held at the International Court of Justice between 10-12 December 2019 in the case of The Gambia v Myanmar.
Questions answered include:
- What allegations does The Gambia make against Myanmar?
- What provisional measures has The Gambia requested?
- What are provisional measures?
- What is the process for requesting provisional measures?
- What factors are taken into account on a request for provisional measures?
- If the Court indicates provisional measures, are they binding on the parties?
- What is Daw Aung San Suu Kyi’s role in the proceedings?
Download:
Myanmar-Provisional Measures Briefing-Advocacy-Analysis Brief-2019-ENG (English)
Myanmar-Provisional Measures Briefing-Advocacy-Analysis Brief-2019-BUR (Burmese)
Contact:
Kingsley Abbott, Senior Legal Adviser and Coordinator of the ICJ’s Global Accountability Initiative, kingsley.abbott(a)icj.org
