Jan 19, 2018 | News
The ICJ today condemned the executions of 22 civilians during the past month, following death penalty cases before military courts in which fair trial guarantees appear to have been flagrantly violated.
The Egyptian authorities should establish an immediate moratorium and halt all pending executions with a view towards the total and permanent abolition of the death penalty, the ICJ added.
“The executions of these civilians constitute blatant, egregious violations of the right to life by the Egyptian authorities,” said Said Benarbia, ICJ MENA Director.
“Carrying them out based on military trials, which furthermore failed to scrupulously observe international fair trial standards, amounts to the arbitrary deprivation of life,” he added.
Based on information provided by the defendants’ lawyers and families, Egyptian NGOs have reported a litany of fair trial violations that marred these proceedings.
These included the case of a defendant who was convicted following one trial session, in the absence of his counsel.
It also included instances involving enforced disappearances and allegations of torture and other ill-treatment, some of which were documented in the prosecution reports.
In one case the defendants’ lawyers filed a motion to “review the case” under article 448 of the Code Criminal Procedure which should normally suspend the carrying out of any sentence of execution.
The executions were nevertheless carried out on 9 January, before the Military Court’s review, which was due on 28 February 2018.
“The Egyptian authorities have brushed aside the most basic legal safeguards on the imposition and carrying out of the death penalty,” Benarbia said.
“Because they cannot ensure respect of fair trial rights, they must impose an immediate moratorium on executions.”
Under international standards, proceedings in death penalty cases must conform to the highest standards of judicial independence, competence and impartiality, and must strictly comply with all fair trial rights.
The ICJ has previously documented how the Egyptian judiciary fails to conform to these standards.
Contact
Saïd Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41.22.979.3817, e: said.benarbia(a)icj.org
Egypt-Executions-News-2018-ARA (Arabic translation in PDF)
Background
International standards recognize the particular concerns with judicial independence and impartiality that arise in relation to the trial of civilians by military courts.
Accordingly, the jurisdiction of military courts should be limited to military personnel in cases of strictly military offences, i.e. alleged breaches of military discipline.
The above-mentioned cases involved civilians and allegations of ordinary offenses, including theft, rape, and murder (including murder of military officers).
Particularly in these circumstances, there could be no justification for these cases to have been adjudicated before military courts and the ICJ considers that this factor in itself renders the executions in violation of the right to life.
The ICJ furthermore opposes the death penalty in all circumstances as a violation to the right to life and to the prohibition of cruel, inhuman or degrading treatment or punishment.
The cases in question were: Case No. 411/2013 before the Ismailiya Criminal Military Court (15 executions in 26 December 2017), case No. 22/2015 before Tanta Criminal Military Court (4 executions in 2 January 2018) and case No. 93/2011 before the Ismailiya Criminal Military Court (3 executions in 9 January 2018).
Jan 16, 2018 | News, Publications, Reports, Thematic reports
Myanmar’s government must take concrete action to counteract decades of military impunity for human rights violations, the ICJ concluded in a report published today.
The report Achieving Justice for Gross Human Rights Violations in Myanmar finds that gross human rights violations in Myanmar rarely go punished, particularly in conflict areas.
Justice remains elusive for victims and their families as a result of laws, institutions and investigative practices that protect members of security forces from prosecution, the ICJ says.
“Decades of denial of justice for victims of gross human rights violations in Myanmar, and impunity for the perpetrators, particularly when involving the military, have severely eroded the rule of law,” said Sam Zarifi, the ICJ’s Secretary General.
“The Myanmar government must now take concrete steps to combat impunity, especially for the military,” he added.
The release of the ICJ’s report follows last week’s statement from the Office of the Commander in Chief of the Tatmadaw, Myanmar’s military, acknowledging that security forces had participated in the killing of ten Rohingya Muslims in Rakhine State’s Inn Dinn Village.
It is the Tatmadaw’s first admission of serious crimes perpetrated by security forces during its ‘clearance operations’, which have resulted in mass displacement and human rights violations, following attacks on police posts by the Arakan Rohingya Salvation Army on 25 August 2017.
Military and security personnel in Myanmar seldom face justice for human rights violations, because they are protected by legal provisions of the 2008 Constitution, the 1959 Defence Services Act and the 1995 Police Force Maintenance of Discipline Law, which include immunities and special courts that shield soldiers, police and officials from public criminal prosecutions for serious crimes, the ICJ notes.
The ICJ’s report finds that investigations into allegations of rights violations rarely result in effective prosecutions or redress.
Eight case studies – from Kachin, Karen, Mon and Rakhine states – illustrate how victims and their families, as well as journalists and human rights defenders, lack access to justice and are even harassed for seeking it.
“Admission of culpability for this one incident is an important first step and must be followed by a full and proper investigation, and justice for the victims and their families,” said Zarifi.
“The dire human rights situation in northern Rakhine State, and in conflict areas such as in Shan and Kachin states, necessitates credible, independent and impartial investigations with a view to publicly prosecute those responsible for unlawful acts and their commissioning.”
“Options available to the parliament and to the executive include addressing barriers to accountability, by reforming laws that protect security forces involved in serious crimes, and by aligning investigative procedures with international standards,” he added.
Contact
Alex Conte, ICJ Global Accountability Coordinator (Geneva), t: +41 79 957 2733; e: alex.conte(a)icj.org
Frederick Rawski, ICJ Asia Pacific Regional Director (Bangkok), t: +66 6 4478 1121 ; e: frederick.rawski(a)icj.org
Background
Special inquiries commissioned by the Government of Myanmar into allegations of human rights violations generally fail the test of independence and impartiality, or are severely undermined by inadequate resources and or restricted mandates.
These inquiries rarely result in effective prosecutions or access to remedies and reparation.
Members of security forces, when prosecuted, usually appear in military or special police courts, which generally impose low or meaningless sanctions that are wholly inconsistent with penalties applicable in Myanmar’s Penal Code.
Laws governing military and police acts are inadequate for the victims of human rights violations because they do not contemplate the provision of remedies and reparation.
There is very limited precedent or established practice for the provision of effective remedies or reparation for victims of criminal acts in Myanmar, particularly when such crimes involve human rights violations by State actors.
Wittingly or unwittingly, relevant authorities routinely violate national laws that prescribe procedures for the conduct of criminal investigations and prosecutions, particularly in politically sensitive cases involving human rights violations.
Violations of basic fair trial rights, included in national laws, are commonplace.
State authorities continue to exert improper influence on politically-sensitive court cases including those involving allegations of gross human rights violations.
Courts tend to not intervene where human rights violations are occurring nor do they guarantee non-repetition where they have occurred.
Prosecutors rarely, if ever, accept petitions from victims of gross human rights violations to initiate criminal proceedings.
The judicial harassment of victims of human rights violations is commonplace in Myanmar when victims, their families or lawyers seek remedies or reparation through the courts or other mechanisms.
Defamation and unlawful association are among the criminal charges commonly instituted by authorities, including against journalists investigating human rights violations or working in conflict areas.
Overall, Myanmar’s prosecutors lack the independence to effectively prosecute acts involving human rights violations.
Interference with and intimidation of lawyers, particularly in politically sensitive cases involving human rights violations, undermines their to effectively represent clients and to pursue effective remedies and reparations.
Download
Myanmar-GRA Baseline Study-Publications-Reports-Thematic reports-2018-ENG (full report in English)
Myanmar-GRA-Baseline Study-Publications-Reports-Thematic-reports-2018-BUR (full report in Burmese)
Myanmar-Accountability Baseline report-News-Press releases-2018-BUR (Burmese translation)
Read also
Questions & Answers on Human Rights Law in Rakhine State
Reuters journalists detained in Myanmar: respect their rights, end their incommunicado detention
Jan 11, 2018 | Advocacy, Cases, Legal submissions
The ICJ responded today to the observations of the Czech Government on the merits of the collective complaint brought against it earlier last year by the ICJ and Forum for Human Rights.
The complaint to the European Committee of Social Rights (ICJ v. the Czech Republic, No. 148/2017) argues that the Czech Republic fails to ensure equal legal protection and participation of children below the age of criminal responsibility in the pre-trial stage of juvenile justice procedures.
The ICJ and Forum for Human Rights reinforced the complaint, relying on Article 17 of the Social Charter, in relation to the State party’s failure to ensure that children below the age of criminal responsibility but recognised as having infringed the penal law are treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society.
Europe-ECSR-ICJvCzechRepublic-ChildrenJustice-ICJresponse1-2018-ENG (download the ICJ reply)
Jan 9, 2018 | News
The ICJ today called on the Government of Pakistan to take immediate measures against the increasing practice of enforced disappearances in the country.
A significant number of recent victims were said to be human rights defenders and political activists.
The ICJ highlighted the particular case of Raza Mahmood Khan. Raza, a human rights defender and peace activist, has been “missing” since 2 December 2017 after he organized a public event in Lahore to discuss recent political developments, including religious extremism and the role of state institutions.
Raza is known for his work on human rights, building inter-faith harmony, and promoting peace and tolerance between Pakistan and India. His family and friends have appealed to the police and the courts to trace him, but more than a month since his alleged “disappearance”, his whereabouts are still unknown.
“Many of the victims of enforced disappearances in Pakistan have been activists like Raza, which indicates the shrinking space for activism and dissent in the country,” said Frederick Rawski, ICJ’s Asia Director.
Given that circumstances in which Raza went “missing” are very similar to other cases of enforced disappearance reported recently, the ICJ called on Pakistani authorities to conduct a prompt, impartial, and thorough investigation to determine his fate and whereabouts and hold perpetrators criminally responsible.
“It is not enough for the authorities to deny knowledge of the fate or whereabouts of disappeared people. Are they properly questioning eyewitnesses to abductions? Are they looking for forensic evidence or electronic data from mobile phones? There are clear steps that authorities can and should take to investigate such crimes, and they must act immediately to establish the truth about these cases,” added Rawski.
Pakistan’s Supreme Court has, in multiple judgments, acknowledged the role of security and intelligence agencies in enforced disappearances and secret detentions, holding that the practice constitutes a violation of the “fundamental rights” recognized by the Constitution of Pakistan as well as international human rights law.
The State Commission of Inquiry on Enforced Disappearances has more than 1500 unresolved cases of enforced disappearances as of January 2018.
In 2017 alone, the Commission received 868 reports of alleged enforced disappearances – one of the highest since the Commission’s establishment in 2011. The UN Working Group on Enforced or Involuntary Disappearances also has more than 700 pending cases from Pakistan.
“Despite hundreds, if not thousands, of cases of enforced disappearance reported from across Pakistan, not a single perpetrator of the crime has been brought to justice,” added Rawski. “Not only does this impunity deny truth and justice to victims of the crime, it is also eroding the rule of law and emboldening perpetrators of human rights violations.”
The UN Working Group on Enforced or Involuntary Disappearances (WGEID) has on a number of occasions expressed concern about lack of implementation of the recommendations it made following a country visit to Pakistan in 2012, citing among other things continuing impunity arising from failure to diligently investigate allegations.
The UN Human Rights Committee also, in its review of Pakistan’s implementation of the International Covenant on Civil and Political Rights (ICCPR), noted with concern “the high incidence of enforced disappearances and extrajudicial killings allegedly perpetrated by the police and military and security forces.”
Pakistan must ensure all persons held in secret or arbitrary detention are immediately released or charged with a recognizable criminal offence and brought promptly before a competent, independent and impartial tribunal for a trial that meets international standards.
The ICJ called on Pakistan to become a party to the International Convention for the Protection of All Persons from Enforced Disappearance; recognize enforced disappearance as a distinct, autonomous offence; and hold perpetrators of enforced disappearance, including military and intelligence personnel, to account, through fair trials before civilian courts.
Contacts
Frederick Rawski, ICJ Asia Pacific Regional Director, t: +66 64 478 1121, e: frederick.rawski(a)icj.org
Reema Omer, ICJ International Legal Adviser for Pakistan (London), t: +447889565691; e: reema.omer(a)icj.org
Dec 11, 2017 | News
Discussions on the future of the European human rights system should focus on effective national implementation of human rights obligations and should protect the Court from undue political pressure, the ICJ and other NGOs said today.
The ICJ and other human rights NGOs that participated in the High-Level Expert Conference ‘2019 and Beyond: Taking Stock and Moving Forward from the Interlaken Process’, held in Kokkedal, Denmark from 22-24 November 2017, commended the Danish Chairmanship of the Council of Europe for its stated commitment to involving civil society throughout the process leading up to the adoption of a political Declaration on the European Convention on Human Rights’ system in April 2018.
The NGOs believe that the anticipated Copenhagen Declaration should emphasize:
- The need for enhanced measures at the national level to prevent and address violations of the Convention rights – in particular to remedy systemic and institutional problems – and to implement the Court’s judgments.
- The need for the Committee of Ministers to take more effective action to support and ensure thorough and prompt execution of judgments, through individual and general measures.
- The importance of nominating the most- qualified candidates as judges of the Court.
- That it is a fundamental principle of the rule of law that the Court should be free from political interference.
The NGOs urged the Danish Chairmanship and all Member States to refrain from any reforms that would place undue pressure on the Court in its interpretation and application of the Convention. Any undermining of established jurisprudential principles, such as the dynamic interpretation of the Convention, must be rejected.
Europe-NGO statement on ECHR reform-News-web story-2017-ENG (full story in PDF)
