One year behind bars: release Egyptian human rights lawyer Yara Sallam

One year behind bars: release Egyptian human rights lawyer Yara Sallam

Today, one year on from the arrest and detention of human rights lawyer Yara Sallam and 22 peaceful demonstrators, the ICJ calls for their immediate and unconditional release.

On 21 June 2014, Yara Sallam, together with 22 others, was arrested and detained in the context of a peaceful demonstration in Heliopolis, Cairo.

“The Egyptian authorities must end their campaign to silence human rights defenders and all those suspected of opposing the military and the government through politically motivated prosecutions and trials,” said Said Benarbia, Director of the ICJ Middle East and North Africa Programme.

To this end, they must immediately and unconditionally release Yara Sallam and the 22 other detainees,” he added.

The demonstrators were calling for the revocation of Law No. 107 of 2013, on public meetings, processions and protests, and the release of all those detained under it.

They were forcibly dispersed by security forces and men in civilian clothes.

The ICJ has previously noted that this law is contrary to Egypt’s obligations under international law.

It imposes overly restrictive limitations on the exercise of the right to freedom of assembly and it grants sweeping powers to security forces to disperse non-violent protests, including authorizing the use of lethal force when it is not strictly necessary to protect lives, the Geneva-based organization says.

On 26 October 2014, the 23 accused were convicted by the Heliopolis Misdemeanour court and sentenced to three years in prison and three years of police monitoring on charges of, among other things, “participating in a procession of more than five people that put public safety in danger with the aim of committing the crimes of assault on people and property and influencing public authorities in their duties by using force and violence.”

Two months later, the Court of Appeal upheld the convictions, while reducing the sentence to two years imprisonment and two years of police monitoring. A challenge before the Court of Cassation is pending.

The trial of the 23 defendants violated their rights to a fair and public hearing under international law, including the International Covenant on Civil and Political Rights, a key human rights treaty ratified by Egypt in 1982.

Their lawyers were prevented from cross-examining witnesses. Members of the public, including family members, were prohibited from entering the courtroom, without any valid reason.

Further, based on its review of the case file and court judgments, the ICJ is also concerned that both courts convicted the accused in the absence of any substantial or credible evidence of the guilt of any of the 23 defendants, and without seeking to establish the personal criminal responsibility of each individual accused.

Contact:

Alice Goodenough, Legal Adviser of the ICJ Middle East and North Africa Programme, t: +44 7815 570 834 ; e: alice.goodenough(a)icj.org

Nader Diab, Associate Legal Adviser of the ICJ Middle East and North Africa Programme, t: +41 78 89 41 877 ; e: nader.diab(a)icj.org

Egypt-Release Yara-News-Press release-2015-Arabic (full text in PDF, Arabic)

ICJ submission to EU consultation on preventing and combating hatred

ICJ submission to EU consultation on preventing and combating hatred

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

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)

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