Mar 28, 2018 | Advocacy, Non-legal submissions
The ICJ today submitted a report to the UN Committee against Torture, calling for recommendations to be made on prevention of and accountability for continued recourse to torture and ill-treatment in Tajikistan.
The ICJ’s submission is made ahead of consideration by the Committee against Torture in April to May 2018 of Tajikistan’s third periodic report on the implementation of its obligations under the Convention against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment.
The ICJ’s report draws from an earlier study on Achieving Justice for Gross Human Rights Violations in Tajikistan and calls on the Committee against Torture to make recommendations concerning:
- The obligation to adequately sanction torture;
- The obligation to prevent torture and other forms of ill-treatment, including in places of detention;
- The obligation to investigate allegations of torture and ill-treatment;
- The use of amnesties and pardons for torture;
- The prohibition against the use of evidence obtained by torture;
- The right to complain about torture and ill-treatment; and
- The right of victims to effective remedies and reparation.
Tajikistan-CAT-Advocacy-AlternativeReport-2018ENG (download the ICJ’s submission, in PDF)
Mar 22, 2018 | Advocacy, Non-legal submissions
Today, the ICJ together with Forum for Human Rights submitted written information to the Committee against Torture ahead of its examination of the periodic report of the Czech Republic.
The two organisations argue that the Czech Republic violates Articles 2, 14 and 16 of the Convention Against Torture, by not ensuring access to a lawyer for children below the age of 15 (the age of criminal responsibility) in the pre-trial stage of juvenile justice proceedings.
1273 children younger than 15 were part of these pre-trial stage proceedings in the Czech Republic in 2017 without access to procedural guarantees, including legal counsel, unlike children aged 15-18 have under national legislation.
Children below the age of criminal responsibility do not benefit from such procedural rights and therefore, during the police questioning, they are typically left without any legal assistance and presence of a lawyer who neither can deter the police from resorting to ill-treatment or other abuses, nor work as a protection for police officers in case they face unfounded allegations of ill-treatment.
This situation constitutes a violation of the obligation to prevent torture or acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture under Articles 2 and 16 of the CAT. Additionally, the Czech Republic fails to ensure access legal counsel for the purposes of an effective remedy under Article 14 of the CAT.
The joint submission aims to inform the 63rd session of the Committee Against Torture in April-May 2018 during which the Sixth periodic report of the Czech Republic will be examined.
Read the full joint submission here:
Czech-Republic-Joint-writteninformation- against-torture-2018-ENG (Full text in ENG, PDF)
Mar 14, 2018 | News
The new CTI tool on non-refoulement covers:
- constitutional and legislative provisions;
- national procedures;
- procedural rights to be guaranteed to those facing deportation or expulsion;
- training; and
- visa and stay arrangements for when return is prohibited.
There is also a section on non- refoulement in the extradition context.
The purpose of this and other CTI Implementation Tools is to inspire other States to take action through exchanges of good practices.
The tool also provides timely and practical information and advice for States in light of the recently released UN Committee against Torture’s General comment on the implementation of Article 3 of the Convention in the context of Article 22.
Some of the laws mentioned in this tool detail the powers that can be exercised by State authorities to remove a person and the constraints on those powers, as well as the relevant administrative and judicial procedures to be followed. National legislation has also detailed the rights of persons within those procedures (photo).
The tool was developed for the CTI by the ICJ with the support of the University of Bristol’s Human Rights Implementation Centre.
CTI’s series of UNCAT Implementation Tools are available here.
Mar 14, 2018 | Events, Multimedia items, News, Video clips
Today, the ICJ highlighted threats to and defenders of the rule of law around the world, at a side event to the UN Human Rights Council, at the Palais des Nations in Geneva.
The rule of law is under attack and human rights and human rights defenders everywhere are at risk, whether as targets or “collateral damage”.
The human rights movement has overcome similar challenges in the past. This side event to the 37th session of the Human Rights Council discussed the situation today and lessons from the ICJ’s history since its founding in 1952.
ICJ’s regional directors, gathering in Geneva from around the world, provided a unique snapshot of the “state of the world” for rule of law and human rights, from ICJ’s position on the global frontlines of the struggle to defend essential legal safeguards:
• Saïd Benarbia, Director for Middle East North Africa
• Ramón Cadena Rámila, Director for Central America
• Róisín Pillay, Director for Europe and Central Asia
• Frederick Rawski, Director for Asia and Pacific
• Arnold Tsunga, Director for Africa
Moderator: Saman Zia-Zarifi, Secretary General
In addition to highlighting the global and regional trends, specific examples for discussion included Azerbaijan, Cambodia, China, Egypt, Guatemala, Honduras, Hungary, Kenya, Lesotho, Libya, Myanmar, the Philippines, Poland, the Russian Federation, South Sudan, Swaziland, Syria, Thailand, Turkey, the United States of America, Venezuela and Zimbabwe.
For more information, contact un@icj.org
Watch the video:
https://www.facebook.com/ridhglobal/videos/10157996747579616/
Universal – Rule of law frontlines – News – Event – 2018 – ENG (Event flyer in PDF)
Mar 6, 2018 | News
The ICJ today welcomed the first referral of allegations of gross human rights violations to the recently constituted Specialized Criminal Chambers (SCC) at the Tribunal of First Instance of Gabés.
On 2 March 2018, the Truth and Dignity Commission (“Instance Vérité et Dignité”, IVD) transferred a case concerning 14 suspects and the crime of enforced disappearance to the SCC, established to bring justice and accountability for the legacy of serious human violations allegedly committed in Tunisia from 1 July 1955 to 31 December 2013.
“The IVD’s decision is an important first step in the process of ensuring accountability and dismantling the structural impunity that has prevailed over cases of gross violations of human rights in Tunisia,” said Said Benarbia, Director of the ICJ Middle East and North Africa Programme.
“We call on the responsible Tunisian authorities to fully support this process and remove the obstacles that continue to impede the IVD’s work, including by ensuring its full, rapid and unimpeded access to archives and to information related to the conduct of police and security forces under the former regime,” he added.
The ICJ also reiterated its previous call on the Tunisian authorities to remove the legal and practical obstacles that may hinder the SCC’s capacity to deliver justice effectively.
In two memos addressing the jurisdiction and the procedures to be applied by the SCC, the ICJ identified such obstacles and formulated recommendations for amendments and reform.
“The Government must reform the legal framework and procedures to be applied by the SCC so that they can effectively exercise their jurisdiction, establish the truth about past violations, hold those responsible to account, and deliver meaningful justice and reparation for victims,” Benarbia said.
Contact
Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41 798783546, e: said.benarbia(a)icj.org
Background
The SCC were formally established by Decree No. 2014-2887 of 8 August 2014 and have been set up within the Tribunals of First Instance of thirteen Courts of Appeal.
Under article 8 of the 2013 Transitional Justice Law, the SCC have jurisdiction over cases related to gross violations of human rights, as defined in international treaties applicable to Tunisia and in the provisions of the 2013 Law, involving “murder, rape and other forms of sexual violence, torture, enforced disappearances, and death penalty without fair trial guarantees”.
The 2013 Law attributes a leading role to the IVD with respect to how cases are brought before the SCC. According to article 42 of the 2013 Law, the IVD refers to the Office of the Public Prosecutor (OPP) “cases where gross human rights violations are proven”. As of 15 June 2016, the deadline for victims to submit files, the IVD has received over 60000 cases.
Tunisia-SSC disappearances-News-2018-ARA (full story in Arabic, PDF)
