Mar 3, 2014 | News
La CIJ lamenta la muerte del Sr. Magistrado de la Corte Suprema de Justicia César Ricardo Crisóstomo Barrientos Pellecer, ocurrida el día de ayer domingo 2 de marzo.
Así mismo, expresa sus más sinceras condolencias a su familia, a sus colegas del Organismo Judicial, gremio de abogados y abogadas y al pueblo de Guatemala en general.
La muerte del magistrado César Barrientos deja un vacío muy grande en el ámbito de la justicia y lucha contra la impunidad en Guatemala, ya que siempre se distinguió como un defensor de la independencia judicial y del Estado de Derecho.
Feb 21, 2014 | News
The Kuala Lumpur High Court’s decision today to convict prominent Malaysian lawyer Karpal Singh on charges of sedition is inconsistent with international law and standards regarding free expression of opinion by lawyers, the ICJ said.
“This conviction sends a message that lawyers in Malaysia are not free to express their opinions about legal issues,” said Emerlynne Gil, ICJ’s International Legal Adviser on Southeast Asia.
Karpal Singh’s conviction was based on the fact that during a press conference held at his law firm in early 2009 he had spoken allegedly “seditious words” when questioned about whether Sultan Azlan Shah had the legal authority to remove the province’s Chief Minister, Datuk Seri Mohammad Nizar Jamaluddin, from office.
“This case is another sign of the lack of respect of the Malaysian government for the principle of free expression,” said Gil. “Karpal Singh was expressing an opinion in his capacity as a lawyer over a matter of law. He has every right to do that, as a lawyer, and of course as someone exercising his right to free expression of his views. He also has acted in fulfilment of a core function of the legal profession, which is to contribute to the public discourse on matters of law.”
The UN Basic Principles on the Role of Lawyers specifically provide that lawyers, like ordinary citizens, are entitled to freedom of opinion and expression. They have the right “to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights” without fear of suffering professional restrictions or repercussions due to their lawful action.
The High Court has fixed 7 March 2014 to hear Karpal’s mitigating circumstances, and for sentencing.
Under section 4(1) of the 1948 Sedition Act, Karpal Singh now faces a fine of up to RM 5,000 (approximately US$1,5010) and/or imprisonment of up to three years.
The conviction may force Karpal Singh to give up his seat as a member of the Malaysian parliament. Under the Federal Constitution, an elected representative is disqualified from office if fined more than RM 2,000 or jailed for a term exceeding one year.
Karpal Singh has provided legal defense in several high profile cases, including that of opposition leader Anwar Ibrahim, whose trial on charges of ‘sodomy’ has drawn heavy criticism in Malaysia and internationally.
Contact:
Emerlynne Gil, ICJ International Legal Adviser for Southeast Asia, t +66 2 619 8477; email: emerlynne.gil(a)icj.org
Craig Knowles, ICJ Media Consultant, t +66 81 9077653; email:craig.knowles(a)icj.org
Feb 13, 2014 | News
The ICJ continued its observation of the trial of Malaysian opposition leader Anwar Ibrahim on sodomy charges under the colonial-era Section 377B of the Penal Code, which criminalizes consensual same-sex sexual relations.
ICJ Commissioner Justice Elizabeth Evatt AC, the first woman judge to be appointed to an Australian Federal Court and a former member of the United Nations Human Rights Committee, observed a hearing on the appeal of Anwar Ibrahim at the Court of Appeal in Putrajaya yesterday.
“The ICJ will continue to monitor this case and evaluate the fairness of the proceedings in light of relevant international standards,” said Emerlynne Gil, ICJ international legal advisor for Southeast Asia. “The ICJ will also assess whether the prosecution under Section 377 is being used in this case to suppress political dissent, contrary to the right to freedom of expression.”
The hearing is an appeal against the High Court’s decision on 9 January 2012, which acquitted Anwar Ibrahim of sodomy.
“The ICJ has previously condemned Malaysia’s continuing use of colonial-era criminal charges of ‘sodomy’ to cover even consensual sexual relations between adults,” Gil said. “The ICJ believes that Article 377B of the Malaysian Penal Code is inconsistent with respect for the right to privacy under international standards.”
The Court of Appeal heard and eventually dismissed an interlocutory application filed by the lawyers of Anwar Ibrahim seeking to recall for testimony Jude Blacious s/o Pereira, the investigating officer and key witness in the sodomy case.
Pereira was recently found unfit to be a practicing lawyer in another case in a High Court decision of 10 January 2014.
In that decision, the High Court relied on a 2009 Human Rights Commission of Malaysia’s (SUHAKAM) report, which determined Pereira to be an unreliable witness in a public inquiry established to investigate the arrest and detention of 5 legal aid lawyers.
The Court of Appeal dismissed the application on the grounds that Anwar Ibrahim had failed to satisfy the court that additional evidence in the appellate stage was necessary in dispensing justice and that it fell in the category of “most exceptional” cases, particularly as the SUHAKAM report had already been available since 2009.
The Court of Appeal postponed the hearing on the appeal itself to allow Anwar Ibrahim’s lawyers to file a notice of appeal with the Federal Court on the dismissal of the interlocutory order.
Anwar Ibrahim’s counsel immediately filed a notice of appeal to the Federal Court on the dismissed interlocutory application.
The case management for the sodomy appeal has been fixed on 28 February 2014.
The appeal proper was initially scheduled on 17 and 18 September 2013 but has faced continuous delays due to a series of interlocutory matters.
Feb 11, 2014 | News
The seminar was on “The Role of Judicial Independence and Integrity in Improving the Effectiveness of the Rule of Law”, with the participation of the ICJ.
The event, hosted by the Office of the Supreme Court of the Union (OSCU) in collaboration with the United Nations Development Programme (UNDP) and the ICJ, took place in Nay Pyi Taw on February 10th and 11th 2014.
It was attended by more than 40 judges and senior court administrators from all states and regions in Myanmar.
Discussions at the seminar focused on the ways in which Myanmar’s judicial system can continue to develop its functional independence and deliver justice for all.
In opening the seminar, the Honourable Chief Justice of the Union, U Htun Htun Oo, remarked that judicial independence and integrity are essential to building a reliable judicial system in which the people of Myanmar can trust, and which can uphold the rule of law.
During the seminar, Justice Kalyan Shrestha of Nepal, and ICJ Vice President Justice Michèle Rivet of Canada shared their experiences of the challenges of preserving judicial independence as a key pillar of a democratic society.
In her opening remarks, Ms. Renata Lok-Dessallien, UN Resident Coordinator, also noted that in addition to the importance of a fair legal framework, a trained judiciary and well-functioning court system, “the other half of the equation is from the bottom up: it is people’s perceptions of the professionalism, integrity and fairness of the system.”
Sam Zarifi, ICJ’s regional director for Asia and the Pacific added that “access to an independent and impartial tribunal is a human right”.
Both UNDP and ICJ expressed their willingness to continue working with Myanmar’s judiciary on the issues of judicial independence, and justice for all for the long-term.
Photo: ICJ Vice President Justice Michèle Rivet, Justice Kalyan Shrestha and Chief Justice U Htun Htun Oo
Feb 11, 2014 | News
The personal decision of Khil Raj Regmi to resign and not return to his post as Chief Justice safeguards the independence of the judiciary and maintains the rule of law in Nepal, the ICJ says.
Caretaker Council of Minister Chairman Khil Raj Regmi announced this afternoon that he would not return to his former post of Chief Justice after acting as the Chairman of the Council of Ministers since March 2013.
“Khil Raj Regmi’s decision is one that will help to preserve the Supreme Court’s hard-earned reputation as an independent institution,” said Ben Schonveld, ICJ’s South Asia Regional Director.
International standards, including the International Covenant on Civil and Political Rights (ICCPR) and the UN Basic Principles on the Independence of the Judiciary, clarify that all governmental officials and institutions as well as judges must respect and preserve the independence and integrity of the judiciary.
The 2007 Interim Constitution of Nepal enshrines guarantees for the independence of the judiciary and contains safeguards for the separation of executive, legislative and judicial powers.
Article 106 of the 2007 Interim Constitution explicitly bans sitting and retired judges from assuming any appointment in government service apart from a role in the national human rights commission.
To enable former Chief Justice Regmi to act as caretaker Prime Minister, the President amended several provisions of the Interim Constitution, including Article 106.
These amendments were made in contravention of the Constitution, which required a two-thirds majority of a sitting Parliament.
“The return of Khil Raj Regmi to the post of Chief Justice would have significantly undermined the appearance of independence of the Supreme Court and the judiciary as a whole,” Schonveld added.
The Bangalore Principles of Judicial Conduct clarify that judges must not only be free from any inappropriate connections with the executive and legislative branches of government but also must appear to a reasonable observer to be free therefrom.
The ICJ applauds the personal decision of Chairman Khil Raj Regmi to resign as Chief Justice.
The ICJ calls on the new Government under the leadership of the Nepali Congress Chairperson, Sushil Koirala as well as the other elected political parties of the Constituent Assembly to honour the commitments made during the election and work to end impunity for gross violations of human rights.
Contact:
Ben Schonveld, ICJ South Asia Director, (Kathmandu); t: 977 9804596661; email: ben.schonveld(a)icj.org
Govinda Bandi Sharma, ICJ Senior Legal Adviser, Nepal (Kathmandu), t: +977 9851061167; email: govinda.sharma(a)icj.org
Sheila Varadan, ICJ Legal Adviser, South Asia Programme (Bangkok), t: +66 857200723; email: sheila.varadan(a)icj.org
