International Commission of Jurists
ICJ submission to EU consultation on preventing and combating hatred

ICJ submission to EU consultation on preventing and combating hatred

May 29, 2015 | Advocacy, News, Non-legal submissions, Position papers

The ICJ called today on the EU institutions to bridge the final implementation gaps to ensure an effective access to justice to victims of violent hate crimes.

The contribution of the ICJ was submitted as input for the European Commission’s first annual fundamental rights colloquium to be held next October and focused on “Tolerance and respect: preventing and combating antisemitic and anti-Muslim hatred in Europe”.

In its submission, the ICJ finds that the greatest weakness in addressing violent hate crime currently lies primarily in the failure of effective national implementation, which has meant that, despite development of the law, and despite authoritative recommendations from international and EU human rights bodies, the frequency of commission of violent hate crimes appears to have increased, and impunity for such crimes has persisted.

The ICJ considers that there are two main reasons for this lack of implementation: 1) lack of political or institutional will in Member States; 2) lack of implementation tools tailored to the laws, legal institutions and culture of the single national legal system.

The ICJ concluds, in its contribution, that it is the time for the European Union institutions to take up the opportunity to unite the efforts of all those concerned in the administration of justice – judges, court administrators, lawyers, civil society, judicial organizations, bar associations and government officers – throughout the EU to work together on the detailed technical assistance needed for an effective implementation of the right to an effective remedy for victims of crimes motivated by discrimination.

EU-Colloquium2015-ICJContribution-ViolentHateCrimes-Advocacy-non legal submission-2015-eng (download the submission)

Zimbabwe: EU-funded project launched to improve administration of justice

Zimbabwe: EU-funded project launched to improve administration of justice

May 15, 2015 | News

Today the ICJ is launching an EU funded project to contribute to an improvement in administration of justice in Zimbabwe.

It is hoped that it will also result in greater legal protection of human rights as enshrined in the new constitution of Zimbabwe and to meet Zimbabwe’s international legal obligations pursuant to UN and African Union treaties to which it is Party.

Some of the activities that will be carried out under this project include:

– Organising judicial symposia;

– Working towards the re-establishment of the Zimbabwe Judicial College;

– Organising training workshops for non-judicial court staff;

– Organising training for prosecutors, magistrates and lawyers;

– Working for the full implementation of international human rights and rule of law standards as they relate to the administration of justice, including the ACHPR Principles and Guidelines on the Right to a Fair Trial and UN Basic Principles on the Independence of the Judiciary and UN Basic Principles on the Role of Lawyers;

– Working with the Law Society of Zimbabwe to improve the professional integrity of legal practitioners; and

– Supporting the revision of Zimbabwe’s Court Rules.

Speeches:

Zimbabwe-Speech Com Chinhengo-Advocacy-2015-ENG (ICJ Commissioner Chinhengo)

Zimbabwe-Speech CJ GG Chidyausiku-Advocacy-2015-ENG (Chief Justice Chidyausiku)

Zimbabwe-Speech EU Ambassador-Advocacy-2015-ENG (EU Ambassador)

Arab Court of Human Rights: the Tunis Declaration published

Arab Court of Human Rights: the Tunis Declaration published

May 4, 2015 | News

Following a recent international conference, the ICJ and the other participants elaborated and signed the Tunis Declaration on the Arab Court of Human Rights.Among other things, the Tunis declaration (see below) is calling for the members of the League of Arab States (LAS) to refrain from ratifying the Statute of the Arab Court unless and until it is revised in accordance with international standards, with a view to creating an effective Arab human rights court.

The conference was organized from 8-9 April in Tunis by the ICJ and the Legal Agenda, and attended by international, regional and national judges, lawyers, human rights defenders and members of civil society.

Key provisions of the Statute of the Court, which was adopted by the Ministerial Council of the League of Arab States on 7 September 2014, were discussed and assessed in light of the experience and practice of regional human rights systems and international mechanisms.

Conference participants identified both shortcomings of the Statute and the necessary reforms required to establish a court that provides meaningful access to individuals alleging a violation of their human rights.

A detailed analysis of the provisions of the Statute can be found in the ICJ’s report, The Arab Court of Human Rights: A Flawed Statute for an Ineffective Court, published on 8 April 2015 (to access the Statute of the Court, see annex 1 of the ICJ report).

MENA-Arab Court Tunis Declaration-Advocacy-2015-ENG (full text in PDF, English)

MENA-Arab Court Tunis Declaration-Advocacy-2015-ARA (full text in PDF, Arabic)

 

ICJ welcomes adoption of Basic Principles and Guidelines on habeas corpus

ICJ welcomes adoption of Basic Principles and Guidelines on habeas corpus

Apr 30, 2015 | News

The ICJ welcomes yesterday’s adoption, by the UN Working Group on Arbitrary Detention, of the Working Group’s “Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of His or Her Liberty by Arrest or Detention to Bring Proceedings Before Court”.

Under its resolution 20/16 (2012), the UN Human Rights Council requested the Working Group to prepare draft basic principles and guidelines on habeas corpus. The Working Group set out a first draft set of principles and guidelines ahead of its global consultation on the subject in September 2014. From 2 to 5 February 2015, the Working Group met to continue its elaboration of the Basic Principles and Guidelines, resulting in the adoption of a second draft. The Working Group adopted its final iteration of the document at the conclusion of its session on 29 April 2015. The Basic Principles and Guidelines will be presented to the Human Rights Council during the Council’s 30th regular session, to be held from 14 September to 2 October 2015.

The ICJ welcomes the Basic Principles and Guidelines as a means of assisting States to enhance, in law and in practice, respect for the right to habeas corpus. It especially welcomes certain aspects of the document, including:

  • Paragraph 68, in which applicable qualifications are set out to any derogating measures to accommodate constraints on the application of some procedural elements of the right to habeas corpus;
  • Principle 6 and Guideline 4 which reaffirm that habeas corpus petitions must be heard by courts that bear all characteristics of competence, independence and impartiality (paras 27, 70 and 72(a)), that competence includes the power to order immediate release if detention is fund to be arbitrary or unlawful (para 27), that immediate implementation of such orders is required (para 71(c)) and that courts must give reasoned and particularized decisions (para 71(d));
  • Guideline 7, in which it is provided that individuals are entitled to take proceedings multiple times (paras 81 and 82), that expediency is required, including in cases of subsequent challenges, and especially in cases alleging, among other things, torture or ill-treatment (para 83) and that authorities remain obliged to ensure regular review of the continuing need for detention (para 84);
  • Principle 9 and Guideline 8 concerning legal representation and legal aid;
  • The clarifications in Principle 10 and Guideline that persons able to bring proceedings include counsel, family members or other interested parties, whether or not they have proof of the consent of the detainee (paras 34 and 92) and that no restrictions may be imposed on a detainee’s ability to contact such persons (para 35);
  • The express recognition in Guideline 12 that information obtained by torture or other forms of ill-treatment may not be used in evidence;
  • Guideline 13 concerning disclosure and limitations applicable to any non-disclosure of information on security or other grounds;
  • Guideline 14, reflecting authorities’ obligation to justify the need and proportionality of detention;
  • Principle 15 and Guideline 16 (on remedies), reflecting the overarching right to remedies and reparation (paras 43), the need for authorities to give immediate effect to an order for release (para 44) and the right to compensation, restitution, rehabilitation, satisfaction and guarantees of non-repetition (paras 109-112); and
  • Principle 16 concerning the application of Article 9(4) of the International Covenant on Civil and Political Rights (ICCPR) alongside international humanitarian law (paras 45 and 47), the application of Article 9(4) to civilians in an international armed conflict (para 47), the application of habeas principles to prisoners of war (para 48), and the question of administrative detention or internment in the context of a non-international armed conflict (para 49).

The ICJ has engaged in all stages of the Working Group’s elaboration and consultations. It made written submissions in November 2013, April 2014 and March 2015. Its staff, Matt Pollard and Alex Conte, gave panel presentations at the September 2014 global consultation.

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