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 16, 2018 | News
Today, Kingsley Abbott, ICJ’s Senior International Legal Adviser, gave the keynote address on the human rights and rule of law situation in Asia at the Asia News Network’s (ANN) international symposium on upcoming elections in Asia.
The event, held at a hotel in Bangkok, Thailand, was attended by nearly 300 diplomats, business leaders, academics and members of civil society.
ANN is an alliance of 24 leading media in 20 Asian countries.
The full speech can be downloaded here:
Asia-ANN Speech-News-web story-2018-ENG
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 13, 2018 | Agendas, Events, Human Rights Council, News, Work with the UN
This side event to the 37th Session of the United Nations Human Rights Council takes place on Friday, 16 March 2018, from 12.00 to 13.30, Room XXVII, Palais des Nations, Geneva. It is co-sponsored by the ICJ.
Peruvian and international human rights organizations join forces in international forums such as the UN Human Rights Council to debate the impact of the pardon and grace granted to Alberto Fujimori on the rights to truth, justice and reparation of the victims of grave human rights violations, and full compliance with Peru´s international human rights obligations.
Moderator
- Mr. Carlos Lopez – Senior Legal Adviser, International Commission of Jurists
Panelists
- Mr. Jorge Bracamonte – Executive Secretary, National Humans Rights Coordinator Peru
- Ms. Carmen Rosa Amaro Condor – Human rights activist, sister of Armando Amaro
Condor, student murdered and disappeared in “La Cantuta” massacre
- Mr. Joel Jabiles – Advocacy and Campaigns Coordinator, Amnesty International
Follow the event on Facebook Live at @ridhglobal
Language: English and Spanish – light refreshments will be served as of 11 :50
Mar 12, 2018 | News
As they begin the appointment process, the Tunisian authorities must ensure that selection of members of the Constitutional Court are made in compliance with international standards on the independence of the judiciary, the ICJ said today.
This must happen through an open and transparent process and based on prescribed, objective criteria of merit, integrity, and equality before the law, the ICJ adds.
The 2014 Constitution and the Organic Law no. 50 of 2015 on the establishment of the Constitutional Court provide that three bodies are responsible for appointing the 12 members of the Constitutional Court.
These are the Assembly of People’s Representatives (ARP), the High Judicial Council, and the President of the Republic, which each body appointing four out of the 12 members successively.
The Constitution and the Organic Law also provide that members must have 20 years of professional experience and nine of them should have advanced legal expertise.
Over the past three weeks, the ARP has been reviewing the candidates for the Constitutional Court and the election of first four members is due to take place in a general plenary on Tuesday, 13 March 2018.
“Ensuring that the selection and appointment of all members of the Constitutional Court is made on the basis of their legal qualifications, competence and personal integrity is absolutely necessary to the strengthening of rule of law and the protection of human rights in Tunisia” said Said Benarbia, Director of the ICJ Middle East and North Africa Programme.
“In electing the four members, the ARP should ensure that these criteria are fully met, and that the process safeguards against appointments for improper motives, including political considerations and arrangements between political groups,” he added.
The Tunisian authorities should also ensure that the composition of the Constitutional Court reflects the diversity of the community it serves, including by ensuring the equal representation of women in the Court, as well as a significant representation of minority groups.
In a previous memorandum, the ICJ has also urged the authorities to ensure that the selection process guarantees the independence of the institution and of the individual judges in compliance with international standards.
Contact
Said Benarbia, Director of the ICJ Middle East and North Africa Programme, tel: +41798783546, email: said.benarbia(a)icj.org
Background
Article 11 and 12 of Law no. 50 of 2015 provides that the election of candidates by the Parliament and the High Judicial Council shall take place through a secret ballot with the vote of a majority of two-thirds of their members. Article 13 provides that the President of the Republic appoints the last four members of the Constitutional Court.
The 2014 Constitution requires the establishment of the Constitutional Court within a year after the legislative elections. Four years later, and despite the entry into force of Law no. 50 in 2015, the Constitutional Court has not yet been established.
Tunisia-PR-Constitutional-Court-2018-ARA (Full Text in Arabic, PDF)
