Oct 18, 2017 | News, Publications, Reports, Thematic reports
Cambodia is “weaponizing” the law and relying on judges and prosecutors who lack independence to silence dissent and dismantle democracy, says the ICJ in a report released today.
The release of the report Achieving Justice for Gross Human Rights Violations in Cambodia follows Monday’s unanimous decision of the National Assembly, attended only by law-makers from the ruling Cambodian People’s Party (CPP), to amend four election laws which would redistribute parliamentary seats held by the opposition Cambodia National Rescue Party (CNRP) to several minor parties in the event of the CNRP’s dissolution.
A Senior Cambodian CPP law-maker, Cheam Yeap, was reported as saying that the amendments were made “especially for the treasonous acts of the president of the CNRP, Kem Sokha, who committed treason in a red-handed crime.”
“These amendments are the latest in a long line of instances where the Government has shamelessly passed or amended laws with the specific purpose of legally harassing perceived opponents or weakening representative democracy within the country,” said Kingsley Abbott, Senior International Legal Adviser at the ICJ’s regional office in Bangkok.
Also of concern is that the Government is increasingly defending its actions by claiming it is merely applying the rule of law.
In a statement released by the Permanent Mission of Cambodia to the United Nations in Geneva on Monday, the Government claimed that “Prosecuting and punishing offenders by legitimate authorities, for the interest of justice, should not be read as a menace to democracy and human rights, but rather as an enforcement of the rules of law…upholding the rules of law means holding perpetrators accountable for their conducts”.
“The ‘rule of law’ is not only about passing and implementing laws, but rather ensuring they are drafted and applied in accordance with international human rights law and without discrimination, including discrimination based on political or other opinion,” added Abbott.
The ICJ’s report, which is being released against the backdrop of a rapidly deteriorating human rights situation, records that the “single largest problem facing the Cambodian justice system is the lack of independent and impartial judges and prosecutors,” which includes “an endemic system of political interference in high-profile cases and an equally entrenched system of corruption in all others”.
Contact
Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Regional Office, t: +66 94 470 1345, e: kingsley.abbott(a)icj.org
Alex Conte, ICJ Global Redress and Accountability Initiative, t: +41 79 957 2733; e: alex.conte(a)icj.org
Background
On 3 September 2017, the leader of the CNRP, Kem Sokha, was arrested in a raid at his home and taken away by more than 100 policemen.
On 5 September 2017, the Phnom Penh Municipal Court formally charged Kem Sokha under Article 443 of the Cambodian Penal Code for alleged ‘collusion’ with foreign actors to “cause chaos” in Cambodia, otherwise known as treason.
On 6 October 2017, the Ministry of Interior filed a request to the Supreme Court to seek the dissolution of the CNRP pursuant to the Law on Political Parties, which was amended twice in 2017, and allows for the Supreme Court to dissolve political parties in certain circumstances including if one of the leadership is convicted of a crime.
The amendments to the four election laws would also mean that at the district and commune levels, in places where the CPP received the next highest number of votes, vacant seats would be redistributed to the CPP.
Download
Cambodia-GRA Baseline Study-Publications-Reports-Thematic reports-2017-ENG (full report in PDF)
Live Media Event
Watch the media event on the Human rights and democracy crisis in Cambodia live from the Foreign Correspondents’ Club of Thailand in Bangkok on FORUM-ASIA’s Facebook page
It starts at 10.00 Bangkok time (05:00 CET and 03:00 GMT).
Read also
Cambodia and the Rule of Law: UN Statement
Cambodia: UN Human Rights Council urged to address unfolding human rights crisis
Oct 10, 2017 | Multimedia items, News, Video clips
Selected by a jury of 10 global human rights organizations, including the ICJ, Mohamed Zaree is a devoted human rights activist and legal scholar whose work focuses on human rights advocacy around freedom of expression and association.
Mohamed Zaree is also known for his role as the Egypt Country Director of the Cairo Institute for Human Rights Studies (CIHRS), which works throughout the Arabic speaking world.
He assumed this role after government pressure on CIHRS prompted them to relocate their headquarters to Tunis in 2014.
The Egyptian government has been escalating its pressure on the human rights movement.
Human rights NGOs and defenders are confronted with a growing wave of threats, harassment, and intimidation, legal and otherwise.
Despite this, Mohamed Zaree is leading CIHRS’ research, human rights education, and national advocacy initiatives in Egypt and is shaping the media debate on human rights issues.
During this critical period for civil society, he is also leading the Forum of Independent Egyptian Human Rights NGOs, a network aiming to unify human rights groups in advocacy.
Zaree’s initiatives have helped NGOs to develop common approaches to human rights issues in Egypt.
Within the context of the renewed crackdown on Egyptian human rights organizations, he has become a leading figure in Egypt’s human rights movement.
He is currently facing investigation under the “Foreign Funding Case” and is at high risk of prosecution and life imprisonment. The “Foreign Funding Case” highly restricts NGO activities.
Despite this, Mohammed Zaree continues to engage the authorities in dialogue wherever possible, arguing that respect for human rights will increase stability in Egypt.
He has been under a travel ban since May 2016 but remains present and active in Egypt and represents CIHRS inside the country.
“Mohamed Zaree is a leading voice for justice in Egypt. Honoring him with the Martin Ennals Award is a recognition of the courageous and tireless work done by Egyptian human rights defenders, individuals and NGOs, in their fight against all forms of intimidation, harassment and repression waged by the Egyptian military and government against them,” said Said Benarbia, Director of the ICJ Middle East and North Africa Programme.
FreeThe5KH (Cambodia) and Karla Avelar, the two other finalists, received Martin Ennals Prizes.
FreeThe5KH are five Human Rights Defenders who were recently released after 427 days of pre-trial detention.
They are awaiting trial and are banned from travel.
There were widespread international calls for their unconditional release, and a stop to judicial harassment of human rights defenders in Cambodia.
This comes in the context of an increasingly severe crackdown on civil society and the political opposition in Cambodia.
Karla Avelar, a transgender woman in El Salvador, founded the country’s first organization of transgender women – COMCAVIS TRANS.
She grew up on the streets, suffering discrimination, violence, sexual exploitation, rape, and attempted murder.
She works to change national legislation and the authorities’ practices, by publicizing violations suffered by LGBTI people.
Her advocacy helped prompt the authorities to segregate LGBTI prisoners for their own safety, and provide HIV treatment.
Background
The “Nobel Prize of Human Rights”, the Martin Ennals Award for Human Rights Defenders (MEA) is a unique collaboration among ten of the world’s leading human rights organizations to give protection to human rights defenders worldwide.
Strongly supported by the City of Geneva, the award is given to Human Rights Defenders who have shown deep commitment and face great personal risk.
Its aim is to provide protection through international recognition.
The Jury is composed of the following NGOs: ICJ, Amnesty International, Human Rights Watch, Human Rights First, Int’l Federation for Human Rights, World Organisation Against Torture, Front Line Defenders, EWDE Germany, International Service for Human Rights, and HURIDOCS.
Contact:
Michael Khambatta, Director, Martin Ennals Foundation, t: +41 79 474 8208, e: khambatta(a)martinennalsaward.org
Olivier van Bogaert, Director, ICJ Media and Communications, and ICJ Representative on the MEA Jury, t: +41 22 979 38 08, e: olivier.vanbogaert(a)icj.org
The Award will be presented by the United Nations Deputy High Commissioner for Human Rights at 18.15 on 10 October at the University of Geneva. The ceremony can be watched live on Martin Ennals Award Facebook page
Watch the movie on Mohammed Zaree
Oct 9, 2017 | Events, News
The ICJ, the Center for Human Rights and Global Justice and Amnesty International invite you today to an event to discuss challenges in prevention of, and accountability for, violations of human rights in the US-led rendition system, and in transfers of suspects in the CIS region.
Join us for a moderated discussion marking the U.S. launch of the International Commission of Jurists’ report, Transnational Injustices: National Security Transfers and International Law.
Panelists will discuss the ongoing practice of states unlawfully rendering people accused of terrorism, particularly in Russia and Central Asia, and explore the extent to which the impact of the CIA’s notorious extraordinary renditions can still be felt today.
When: Monday, October 16, 2017 – 12:45 pm to 2:15 pm
Where: Lester Pollack Colloquium Room – Furman Hall, 9th Floor, NYU School of Law – 245 Sullivan Street, New York City
RSVP here
Refreshments will be served
Speakers:
- Sam Zia-Zarifi, Secretary General, ICJ
- Róisín Pillay, European and CIS Programme Director, ICJ
- Margaret Satterthwaite, JD ’99, Professor of Clinical Law, NYU School of Law
Moderated by Julia Hall, Expert on Counter-Terrorism and Human Rights, Amnesty International
A flyer for this event is available in PDF format by clicking here.
Sep 21, 2017 | Advocacy, Non-legal submissions
Speaking at the UN today, the ICJ called on India to reconsider its refusal to accept recommendations for decriminalisation of consensusal same-sex relations, abolition of the death penalty, and ensuring accountability for human rights violations.
The oral statement was made during the consideration by the UN Human Rights Council of the outcome of India’s Universal Periodic Review (UPR) process. It read as follows:
“The International Commission of Jurists (ICJ) regrets that India has not supported recommendations related to decriminalizing consensual same-sex relations, abolishing the death penalty, and combatting impunity for serious human rights violations.
The ICJ has documented how by allowing the criminalization of consensual same-sex relations, section 377 of the Indian Penal Code has facilitated numerous human rights violations, including violations of the principle of non-discrimination and the rights to equality before the law and equal protection of the law, liberty and security of person, freedom of expression, health, and privacy. Section 377 has also perpetuated homophobic and transphobic attitudes in India, leading to discrimination and violence against LGBT individuals.
The Government has also failed to take steps to combat impunity for serious human rights violations such as extrajudicial killings, enforced disappearances, and torture and other ill treatment, which are facilitated by laws such as the Armed Forces Special Powers Act (AFSPA) and other national security and public safety legislation. Despite repeated commitments to do so, India has also not enacted legislation to recognize torture as a distinct, autonomous offence in its penal code.
The ICJ therefore urges the Government to reconsider, accept and implement UPR recommendations to:
- Decriminalize consensual same-sex sexual relations (161.71, 161.76, 161.77, 161.78, 161.79);
- Enact legislation consistent with the Supreme Court’s recognition of the rights of transgender persons and international human rights standards (161.80);
- Repeal AFSPA and other state and central level laws that similarly violate international human rights law (161.97, 161.248, 161.249);
- Become a party to the CAT; OPCAT; the Second OP to the ICCPR; the ICPPED and other international instruments (161.13, 161.15, 161.29, 161.30, 161.31); and
- Establish a moratorium on the use of the death penalty, with a view towards its abolition (161.104 – 161.115).”
Sep 21, 2017 | Events, News
At a side event to the UN Human Rights Council on 22 September, the ICJ will discuss challenges in prevention of, and accountability for, violations of human rights in the US-led rendition system, and in the CIS region.
The event will address as well the challenges of extraditions, expulsions and renditions of national security suspects in CIS and EU countries.
The panel discussion is being held as part of the launch of the ICJ report Transnational Injustices – National Security Transfers and International Law, which analyses recent experiences of national security transfers in the CIS region, and makes recommendations for change based on international human rights law and comparative experiences.
The event will take place at the UN Human Rights Council in Geneva on Friday 22 September at 14:00 – 15:00 at Room no. XXIII.
Panelists:
- Julia Hall, Expert on Counter Terrorism and Human Rights – Amnesty International
- Bartłomiej Jankowski, Lawyer of Guantanamo detainee and rendition victim Abu Zubaydah
- Massimo Frigo, ICJ Legal Adviser
- Irina Urumova, Independent Justice Reform Consultant
Copies of the report in English will be available for the persons attending the meeting.
A flyer for this event is available in PDF format by clicking here.
For more information, contact massimo.frigo(a)icj.org and/or un(a)icj.org
