Mar 17, 2016 | News
The Indonesian House of Representatives should reject proposed amendments to the country’s Anti Terrorism Law that would actually contravene international law, said the ICJ and other human rights groups today.
“The horrific recent attacks in Jakarta highlight the Indonesian government’s obligation to protect people from acts of terrorism, but experience from around the world has shown that countering terrorism must occur along with protection of human rights, not in violation of Indonesia’s legal obligations,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific.
The ICJ, the Commission for the Disappeared and Victims of Violence (KontraS), and the Indonesian Human Rights Monitor (IMPARSIAL) noted that the proposed amendments would authorize unnecessarily prolonged detention of suspects, putting them at risk of torture, ill-treatment, enforced disappearance, and arbitrary detention.
The amendments also include a provision on administrative detention.
“This is generally forbidden in international law, save in the most exceptional circumstances far narrower than as contemplated under the amendments,” Zarifi added.
A letter sent by the organizations to the House of Representatives lays out recommendations on how this provision may be revised so that it would not violate the rights of detainees.
“There is no reference anywhere in the amendments how detainees may challenge the lawfulness of their detention. It has to be clear in the law that these remedies are available to them,” said Haris Azhar, National Executive Coordinator of KontraS.
The three organizations also underline the amendment proposing stripping Indonesian combatants abroad of their nationality would be contrary to international law, if this would render them stateless.
“Nationality is what legally binds an individual to a particular State. It is an essential prerequisite to the enjoyment and protection of the full range of human rights,” said Poengky Indarti, board member of IMPARSIAL.
They also said that the proposed provision on incitement to terrorism would unduly limit political speech, especially those that are contrary to the views of persons wielding power and authority, such as opinions on self-determination or changes to the legal and constitutional structures.
The proposed amendments impose the death penalty on particular offences.
The ICJ, IMPARSIAL, and KontraS oppose capital punishment in all cases without exception, as it is a violation of the right to life and the right not to be subjected to cruel, inhuman, and degrading treatment.
In the letter, they remind the government of Indonesia to immediately impose a moratorium on the use of the death penalty, with a view to moving towards its total abolition.
The ICJ, IMPARSIAL, and KontraS urged the members of Indonesia’s House of Representatives to keep in mind that whatever measures Indonesia uses to counter terrorism must comply with international law and protect human rights.
Contact:
Emerlynne Gil, ICJ’s Senior International Legal Adviser (Bangkok), t: +66 840923575 ; e: emerlynne.gil(a)icj.org
Fatia Maulidiyanti, S.IP, International Desk of KontraS (Jakarta), t: +62 21 391 9097/98 ; e: fatia(a)kontras.org
Poengky Indarti, Member of the Board of IMPARSIAL (Jakarta), t: +62 812 8362 8659 ; e: poengky1970(a)gmail.com
Indonesia-Letter to Gvt-Advocacy-Open letters-2016-ENG (full text of letter, in PDF)
Mar 10, 2016 | Advocacy, Non-legal submissions
The ICJ today delivered an oral statement on counter-terrorism legislation in these countries, in an interactive dialogue at the UN Human Rights Council with the the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.
The text of the statement follows:
COUNTER-TERRORISM LEGISLATION IN EGYPT, TUNISIA AND PAKISTAN
10 March 2016
Mr President,
The International Commission of Jurists (ICJ) welcomes the attention given by Special Rapporteur Ben Emmerson, to defective counter-terrorism legislation that facilitates violations of human rights, as reflected for example by communications on Egypt, Tunisia and Pakistan in the Communications Report of Special Procedures (A/HRC/31/79).
Numerous counter terrorism laws promulgated or applied in these and other countries include overly broad or imprecise definitions of terrorism-related offences. These extend the laws’ reach beyond acts of a truly terrorist character. Such laws can be and are abused or misapplied to criminalize the legitimate and peaceful exercise of fundamental rights and freedoms.
Further, these laws provide sweeping immunities that contribute to pervasive impunity for unlawful killings by security forces.
These laws also facilitate violations of the right to liberty and fair trial rights and insufficiently safeguard against abuses in detention. In Tunisia a person can be held in police custody without being brought before a judge for up to 15 days. In Pakistan, suspects can be held in preventive detention without charge, and without being brought before a judge, for up to 90 days.
Egypt and Pakistan continue to use military courts to conduct unfair trials of civilians in terrorism cases, contrary to international standards. At least eight civilians sentenced to death in secretive trials by military courts in Pakistan have been hanged since January 2015. “Expedited” procedures in terrorism circuit courts in the Egyptian civilian system also give rise to fair trial concerns.
The ICJ invites the Special Rapporteur to comment on measures or mechanisms that states, inter-governmental organisations, and civil society can take to help ensure that states such as Tunisia, Egypt and Pakistan repeal or amend counter-terrorism legislation to bring it into line with their international human rights obligations and commitments.
Mar 4, 2016 | Advocacy, Non-legal submissions
The ICJ prepared an oral statement on the situation of human rights defenders in Malaysia, for today’s interactive dialogue at the Human Rights Council with the UN Special Rapporteur on the situation of human rights defenders.
The statement could not be delivered in the limited time available for civil society statements; its text is set out below:
ICJ Oral Statement in the Interactive Dialogue with the Special Rapporteur on the situation of human rights defenders, Mr. Michel Forst
SITUATION OF HUMAN RIGHTS DEFENDERS IN MALAYSIA
3 March 2016
“The International Commission of Jurists (ICJ) welcomes the report of the Special Rapporteur on the situation of human rights defenders.
The work of human rights defenders is particularly under challenge in States where governments have conferred on themselves sweeping powers to restrict human rights on grounds of national security. One example, as reflected in the Special Rapporteur’s “Observations on communications” (UN Doc A/HRC/31/55/Add.1), is the situation of human rights defenders in Malaysia.
The ICJ welcomes the Attorney General’s decision to drop sedition charges against law lecturer Dr. Azmi Sharom; however, the Sedition Act and the Peaceful Assembly Act are still being abused to harass human rights defenders and others. Most recently, the High Court of Malaysia sentenced activist Hishamuddin Rais to nine months in jail for sedition, for calling for peaceful protest against the results of the 2013 general election on the basis that it was not transparent. Maria Chin Abdullah and Jannie Lasimbang, organizers of the Bersih 4.0 peaceful assembly calling for good governance, were charged under the Peaceful Assembly Act for allegedly omitting to inform the police about the assembly. There have reportedly been at least 91 cases of arrests, charges or investigations for sedition during 2015, and more than 30 cases of arrests under the Peaceful Assembly Act since 2013. Most, if not all, of these people are human rights defenders, including Eric Paulsen, the Director of Lawyers for Liberty, Adam Adli, a human rights activist, and Mandeep Singh, the Secretariat Manager of Bersih.
Unless repealed or drastically revised, these laws will continue to facilitate sweeping and arbitrary repression of freedoms of expression, assembly and association of human rights defenders, under the flag of national security. This contravenes the UN Declaration on Human Rights Defenders and numerous other resolutions of the Human Rights Council and General Assembly, including General Assembly resolution 70/161, adopted by the General Assembly in December with Malaysia voting in favor. Among other things, resolution 70/161 urged States ensure that human rights defenders are able to exercise the rights to freedom of opinion, expression, peaceful assembly and association, which are essential for the promotion and protection of human rights; and it emphasized that national security measures must not hinder the work and safety of individuals engaged in promoting and defending human rights.
In this context, the ICJ would like to ask the Special Rapporteur to comment on the obligations of governments to repeal or amend legislation that allows for abusive arrest or prosecution of human rights defenders on grounds such as “national security”, “sedition” or for not giving prior notice of assemblies.”
Mar 1, 2016 | Advocacy, News, Non-legal submissions
The ICJ joined today other prominent human rights organizations in urging the European Union and its Member States to respect and protect human rights and the rule of law in countering terrorism.
In their joint statement, the thirteen human rights organizations stressed the implications of Eu counter-terrorism laws and policies for human rights and the rule of law with regard to the right to be free from torture and cruel, inhuman or degrading treatment or punishment, the principle of non-refoulement, the right to liberty and security of the person, the right to a fair trial, the principle of legality, the principle of non-discrimination, the rights to freedom of expression and peaceful assembly, the right to privacy, the rights of asylum-seekers and migrants, the freedoms of movement, of religion or belief and other dimensions.
The human rights organizations that signed up to this statement are, apart from the International Commission of Jurists, the European Network Against Racism (ENAR), Amnesty International, the International Federation of Human Rights (FIDH), the Open Society European Policy Institute, the World Organisation Against Torture (OMCT), Fair Trials, European Digital Rights (EDRi), the Forum of European Muslim Youth and Student Organisations (FEMYSO), the International Federation of Action by Christians for the Abolition of Torture (FIACAT), the International Rehabilitation Council for Torture Victims (IRCT), the Association for the Prevention of Torture (APT), and the European Association for the Defense of Human Rights (AEDH).
EU-counter-terrorism&humanrights-jointstatement-2016-ENG (download the joint statement)
Feb 19, 2016 | E-bulletin on counter-terrorism & human rights, News
Read the 99th issue of ICJ’s monthly newsletter on proposed and actual changes in counter-terrorism laws, policies and practices and their impact on human rights at the national, regional and international levels. The E-Bulletin on Counter-Terrorism and Human...
