Aug 29, 2016 | News
Pakistan’s Supreme Court’s rejection of petitions by families of 16 people sentenced to death who complained of unfair trials in the country’s military courts seriously set back respect for human rights and the rule of law, the ICJ said today.
“The Supreme Court failed to use an important opportunity to show that human rights protect all people, including those who are accused of terrorist acts or other heinous crimes,” said Sam Zarifi, ICJ’s Asia Director. “Pakistan’s very serious problem with terrorism can only be addressed with more respect for human rights and the rule of law, not less, and certainly not through deeply flawed military tribunals that provide neither justice nor truth.”
Families of sixteen civilians sentenced to death by military courts in secret proceedings challenged their convictions and sentences in the Supreme Court on fair trial grounds. In its 182-page judgment, a five-member bench Supreme Court headed by Chief Justice Anwar Zaheer Jamali held the petitioners had failed to prove the military violated their constitutional right to a fair trial. At convicts are now at imminent risk of execution.
The ICJ is calling on the government of Pakistan to desist from executing these or other convicts, and to reinstate a moratorium on the death penalty it held from 2008 to 2014.
“Trial of civilian suspects in military courts is anathema to human rights and international standards are clear that military courts should only have jurisdiction over military officers for military offences,” said Zarifi. “Pakistan’s military tribunals in particular offer nothing like a fair trial and should be immediately dismantled.”
As highlighted by the ICJ in a briefing paper released in June, proceedings before Pakistani military courts fall well short of national and international standards requiring fair trials before independent and impartial courts: judges are part of the executive branch of the State and continue to be subjected to military command; the right to appeal to civilian courts is not available; the right to a public hearing is not guaranteed; and a duly reasoned, written judgment, including the essential findings, evidence and legal reasoning, is denied. In addition, the procedures of military courts, the selection of cases to be referred to them, the location and timing of trial, and details about the alleged offences are kept secret.
“The ICJ supports the pursuit of justice for all victims of terrorism in Pakistan,” added Zarifi. “However, justice will not be done by subverting the foundational pillar of justice: the right to a fair trial for all suspects –regardless of how serious the offence.”
Since January 2015, when Pakistan empowered military courts to try civilians for terrorism-related offences, 11 military courts have been constituted to hear cases related to terrorism.
These 11 military courts have thus far concluded the trials of 128 people, finding the defendants guilty in 104 cases. A hundred people have been sentenced to death and four have been given life sentences. At least 12 people have been hanged after trials that are grossly unfair.
The ICJ has called on the Pakistan government to roll back the system of “military injustice”, and ensure that all terrorism suspects are guaranteed basic fair trial protections.
The ICJ has also urged that Pakistan reinstate a moratorium on executions with a view to abolishing the death penalty in law and practice, reflecting the call of an overwhelming majority of States in repeated UN General Assembly resolutions. The ICJ considers the death penalty to constitute a denial of the right to life and a from of cruel, inhuman and degrading punishment.
Contact:
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Reema Omer, ICJ International Legal Adviser for Pakistan (Lahore), t: +923214968434; e: reema.omer(a)icj.org
Additional information
In January 2015, Pakistan empowered military courts to try civilians for terrorism-related offences as part of its 20-point “National Action Plan”, adopted by the Government following the horrific attack on the Army Public School in Peshawar.
The expansion of military jurisdiction over civilians was accomplished through the 21st Amendment to Pakistan’s Constitution and amendments to the Army Act, 1952. These amendments allow military courts to try offences related to “terrorism” committed by those who claim to, or are known to, belong to a terrorist organization “using the name of religion or a sect”.
Both amendments are set to expire on 6 January 2017 pursuant to a “sunset clause”, after which they will cease to be in effect, although there is a risk that they could be renewed.
In August 2015, the Pakistani Supreme Court upheld the constitutionality of the 21st amendment and the trial of civilians by military courts for terrorism-related offences.
Aug 29, 2016 | News
Tens of thousands of enforced disappearances in South Asia can only be addressed if all the region’s governments immediately criminalize this serious human rights violation, said today lawyers and activists from Bangladesh, India, Nepal, Pakistan and Sri Lanka.
The call came at a Conference on Enforced and Involuntary Disappearances, organized by the ICJ and Human Rights Commission of Pakistan (HRCP) on the eve of the International Day of the Victims of Enforced Disappearances.
South Asia has among the highest number of alleged victims of enforced disappearances in the world: tens of thousands of cases have been documented in Sri Lanka, Nepal, Pakistan and India, and since 2009, there has also been a surge in enforced disappearances in Bangladesh.
“Sri Lanka’s ratification of the Convention on Enforced Disappearance and its pledge to criminalize the practice is a welcome step,” said I. A. Rehman, Secretary General for the Human Rights Commission of Pakistan.
“Other States in the region should now follow suit and show that they are serious about their commitment to human rights by making enforced disappearance a specific crime in their domestic law,” he added.
Under international law, an enforced disappearance is the arrest, abduction or detention by State agents, or by people acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the detention or by concealing the fate or whereabouts of the “disappeared” person which places the person outside the protection of the law.
The UN General Assembly has repeatedly described enforced disappearance as “an offence to human dignity”.
At present, enforced disappearance is not a distinct crime in any South Asian country, which is one of the major hurdles to bringing perpetrators to justice.
In the absence of a legal framework on enforced disappearance, unacknowledged detentions by law enforcement agencies are considered “missing persons” cases.
On the rare occasions where criminal complaints are registered against alleged perpetrators, complainants are forced to categorize the crime as “abduction” or “kidnapping”.
These categories do not recognize the complexity and the particularly serious nature of enforced disappearance, and often do not provide for penalties commensurate to the gravity of the crime.
They also fail to recognize as victims relatives of the “disappeared” person and others suffering harm as a result of the enforced disappearance, as required under international law.
“Despite thousands of cases of enforced disappearance across South Asia, the governments have failed to follow their legal obligation to treat these crimes as the serious human rights violation they are,” said Sam Zarifi, ICJ’s Asia Director.
“South Asian governments have done very little to support the victims and survivors of enforced disappearance, or to ensure the rights of their family members to truth, justice and reparation,” he added.
Other barriers to bringing perpetrators to account are also similar in South Asian countries: military and intelligence agencies have extensive and unaccountable powers, including for arrest and detention; members of law enforcement and security forces enjoy broad legal immunities, shielding them from prosecution; and military courts have jurisdiction over crimes committed by members of the military, even where these crimes are human rights violations.
Victims’ groups, lawyers, and activists who work on enforced disappearance also face security risks including attacks, harassment, surveillance, and intimidation.
A comprehensive set of reforms, both in law and policy, is required to end the entrenched impunity for enforced disappearances in the region – criminalizing the practice would be a significant first step, said ICJ and the HRCP.
Contact
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Read also
ICJ Practitioners’ Guides No. 9 Enforced Disappearance and Extrajudicial Execution: Investigation and Sanction and No. 10 Enforced Disappearance and Extrajudicial Execution: the Right of Family Members, which provide legal practitioners, activists and policy-makers with detailed and practical references on international standards on enforced disappearances and extrajudicial killings.
South Asia-International disappearances day statement-News-2016-ENG (full text in PDF)
Jul 29, 2016 | News
The ICJ condemns the executions of four persons in Indonesia. The ICJ vigorously calls on the Government of Indonesia to impose an immediate moratorium and take steps towards the abolition of the death penalty in the country.
“The execution of these four persons is reprehensible. Indonesia should stop further executions,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific.
“These executions damage Indonesia’s standing in the international community since they go against the growing international consensus around the world to abolish the death penalty,” he added.
The individuals executed shortly after midnight today were Freddy Budiman (Indonesia), Seck Osmane (Nigeria), Michael Titus Igweh (Nigeria), Humphrey Jefferson Ejike Eleweke (Nigeria).
Indonesia is a current member of the United Nations Human Rights Council, having been first elected in 2006.
The General Assembly resolution that created the Council specifically provides that “members elected to the Council shall uphold the highest standards in the promotion and protection of human rights” (res 60/251, 2006, para 9).
According to the ICJ, one of the persons executed – Michael Igweh – was allegedly tortured by law enforcement authorities to extract his confession.
The Geneva-based organization, on several occasions, has called the Government of Indonesia’s attention to its violations of Article 14 of the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to a fair and public hearing by a competent, independent, and impartial tribunal established by law. Any reliance on confessions extracted by torture would be a gross violation of the fairness of the trials.
“Because of the irreversible nature of the death penalty, trials in capital cases must scrupulously respect all international and regional standards protecting the right to a fair trial,” Zarifi further said.
The ICJ opposes capital punishment without exception and emphasizes the impact of the executions on the families of those who were executed.
The four persons executed were on a list of 14 people set to be executed soon. The other individuals are: Merri Utami (Indonesia), Zulfiqar Ali (Pakistan), Gurdip Singh (India), Frederick Luttar (Zimbabwe), Agus Hadi (Indonesia), Pujo Lestari (Indonesia), Eugene Ape (Nigeria), Okonkwo Nonso Kingsley (Nigeria), Ozias Sibanda (Nigeria) and Obinna Nwajagu (Nigeria).
The ICJ strongly urges the Government of Indonesia to stop any further executions, immediately impose a moratorium, and take steps towards the abolition of the death penalty.
In December 2014, the UN General Assembly adopted resolution 69/189, affirming for the fifth time that the use of the death penalty undermines human dignity and calling for countries that still maintain capital punishment to establish a moratorium on its use with a view to its abolition.
Contact
Emerlynne Gil, Senior International Legal Adviser of the ICJ, t: +66 840923575 ; e: emerlynne.gil(a)icj.org
Jul 18, 2016 | News
The Maldives must immediately commute the death sentence imposed on Hussain Humam Ahmed and reinstate the 60-year old moratorium on capital punishment with a view towards abolishing it in law, the ICJ said today.
The Maldives Supreme Court on 24 June 2016 upheld the death sentence of 22-year old Hussain Humam Ahmed, convicted in 2012 for the murder Afrasheem Ali, a Member of Parliament (MP).
The execution, which the Government has expressed its intention to carry out within thirty days of the ruling, would be the first in the country since 1953.
“The reintroduction of the death penalty after 60 years, even as an increasing majority of nations are moving towards its abolition, is a tremendous blow to the already weak human rights situation in the Maldives,” said Nikhil Narayan, the ICJ’s South Asia senior legal adviser.
“Maldivian authorities must immediately halt Humam’s and others’ imminent executions and reinstate the moratorium as a first step towards getting rid of it outright,” he added.
On 7 July 2016, just two weeks after upholding Humam’s death sentence, the Supreme Court upheld a second death sentence, this one against Ahmed Murrath, a 32-year old convicted for the 2012 murder of Ahmed Najeeb, a prominent lawyer.
Hussain Humam was first arrested in October 2012 for the stabbing death of Afrasheem Ali, an MP for the ruling Progressive Party of the Maldives (PPM).
The trial, conviction and Supreme Court decision come even as the prosecutor’s office has admitted that the investigation into the murder is still ongoing.
The Supreme Court ruling also ignored a last-minute request by the victim’s family to delay enforcement of the death sentence until the conclusion of the investigation.
Human rights groups and independent observers have highlighted a number of fair trial and due process irregularities in Humam’s investigation and trial.
Humam’s conviction was based solely on his “confession” at a May 2013 hearing, after initially pleading not guilty.
Humam later retracted the confession and claimed that the police had obtained it through coercion.
“Proceeding with Humam’s execution on the basis of a deeply flawed trial, particularly in a context in which the Maldivian Supreme Court and criminal justice system are already under considerable criticism for their lack of independence, impartiality and failure to adhere to international fair trial and due process standards, would amount to a further violation of his rights to life and human dignity,” said Narayan.
The ICJ opposes capital punishment in all cases without exception. The death penalty constitutes a violation of the right to life.
“The death penalty is the ultimate form of cruel and inhuman punishment, which cannot be reversed once carried out, and neither serves the interests of justice for victims nor as a deterrent against future crimes,” Narayan added.
Following the Supreme Court’s decision, on 30 June, the Maldivian Government amended regulations to enforce the death sentence by lethal injection.
The new regulations require the president to order Humam’s execution within three days of endorsement of the death sentence by a committee comprising of the chief prosecutor, the commissioner of prisons, and the chief justice.
The execution must then be carried out within seven days of the president’s order. The president may then only halt the execution on a direct plea from the victim’s family.
President Yameen’s administration has maintained its resolve to implement the death sentence within thirty days of the 24 June Supreme Court ruling.
The Maldives must immediately halt Humam’s and others’ imminent execution, reinstitute the moratorium on the use of the death penalty and take meaningful steps towards its eventual abolition in law and practice, the ICJ says.
Background:
The ICJ has previously detailed the human rights crisis in the Maldives, and the deep politicization of the Maldivian judiciary and criminal justice system, in its August 2015 fact-finding report.
The Maldives is party to most of the principal human rights treaties, including the International Covenant on Civil and Political Rights, which obliges the Maldives to respect the rights to life, human dignity, freedom from cruel, inhuman or degrading treatment or punishment, and to a fair trial.
In December 2014, the UN General Assembly adopted a resolution, for the fifth time since 2007, emphasizing that the use of the death penalty undermines human dignity and calling on those countries that maintain the death penalty to establish a moratorium on its use with a view to its abolition. A majority of 117 UN Member States voted in favor of a worldwide moratorium on executions as a step towards abolition of the death penalty.
Contact:
Nikhil Narayan, ICJ South Asia Senior Legal Adviser, t: +977-981-3187821, e: nikhil.narayan(a)icj.org.
Jun 24, 2016 | Advocacy
The ICJ, International IDEA (Australia) and the Office of the United Nations Resident Coordinator in Thailand have collaborated to produce an unofficial translation of the draft Constitution of Thailand which is scheduled to be the subject of a national referendum on 7 August 2016.
The original Thai text as formally published by the Royal Thai Government shall in all events remain the sole authority having legal force.
Thailand-Draft-Constitution-EnglishTr-Advocacy-2016-ENG (full text in PDF)
Contact
Sam Zarifi, ICJ Regional Director for Asia and the Pacific, t: +66807819002; e: sam.zarifi(a)icj.org
Kingsley Abbott, Senior International Legal Adviser, t: +66 94 470 1345; e: kingsley.abbott(a)icj.org
