Mar 26, 2019 | News
The ICJ condemns the sentencing of Venezuelan Judge Maria Lourdes Afiuni to a further five years of imprisonment.
On 21 March, a court in Caracas sentenced Judge Afiuni on unfounded charges of “corruption”.
“This further five-year sentence against Judge Afiuni is both the latest in a long series of severe violations of her human rights, and also illustrates the grave extent to which independence of the judiciary in Venezuela has been more broadly undermined,” said Matt Pollard, ICJ Senior Legal Adviser and UN Representative.
Judge Afiuni was arbitrarily arrested and detained in 2009 after then-President Hugo Chavez publicly demanded she be imprisoned for 30 years, as she had released an accused person citing a decision by the UN Working Group on Arbitrary Detention that his detention was unlawful.
While in detention, she was subjected to torture and other ill-treatment.
In 2010, the UN Working Group on Arbitrary Detention issued an opinion declaring Judge Afiuni Mora’s detention arbitrary.
She was held in prison for 14 months before being transferred to house arrest for health reasons in 2011.
In 2013 she was granted parole but ordered not to leave the country or to use social media.
The UN Special Rapporteur on the Independence of Judges and Lawyers reacted earlier today to the latest sentencing by reaffirming the arbitrariness of her deprivation of liberty and the fact that her treatment amounts to reprisals for having implemented the UN Working Group’s decision.
The Rapporteur also said that the ruling “underscored his serious concerns about the independence of the judiciary in Venezuela, the impartiality of judges and prosecutors and the pressures they faced in handling politically sensitive cases.”
Further background on the situation for the judiciary in Venezuela, and Judge Afiuni’s case, is available here.
Mar 23, 2019 | News
Some 100 distinguished judges and lawyers from around the world commit to expanding the reach of human rights and rule of law principles, in the face of a global backlash against human rights values. The Tunis Congress is the ICJ’s 18th Global Congress since 1952.
The ICJ World Congress, consisting primarily of jurists serving as Commissioners, ICJ National Section and affiliates, and the ICJ Secretariat, is discussing strategy for concerted action and issue a final Declaration reflecting the outcome.
“Since its founding 1952 the ICJ has been steadfast in its belief in the primacy of human rights grounded in rule of law principles as indispensable for well being of all people, as well as for peaceful and just international order,” said Sam Zarifi, ICJ Secretary General.
“Cynical manipulation by authoritarian populists positions the rule of law and human rights as obstacles to the popular will. But as the ICJ’s experience over the past six decades has shown, the rule of law is inextricably bound with the proper functioning of democracy and to the protection and promotion of human rights,” he added.
The ICJ Congress will focus on five key areas of concern: the independence of judges and lawyers and administration of justice; access to justice and accountability for human rights violations; global security and counter-terrorism; equality and non-discrimination; and fundamental freedoms and civil society space.
“The international human rights legal framework has allowed for huge improvements in the lives of people around the world since the Universal Declaration of Human Rights 70 years ago, and the ICJ has played an important role in the development of this legal framework,” Zarifi said.
“But we are now witnessing a resurgence of some of the dangerous, insidious ideas and practices that have led the world to carnage and chaos in the past: the scapegoating of groups such minorities, refugees and migrants; the undermining of multilateral institutions; and the silencing of civil society and those who are giving voice to those who are marginalized on the basis of their gender, religion, ethnicity, physical capacity or sexual orientation,” he added.
“Global powers such as the United States, Russia, and China are actively attacking the rule of law and respect for human rights around the world, while the European Union is distracted by the politics of xenophobia and fearmongering,” he further said.
“It is now crucial for other States, and for people around the world, to show that respect for the rule of law and human rights are universal values and global demands, and the ICJ is proud to pull together the community of jurists from all regions of the world to support these values and demands,” he added.
In the face of these threats and challenges, the Congress will consider means to defend and strengthen the rule of law and legal protection of human rights globally, regionally and in individual countries.
The ICJ is made up of around 60 distinguished judges and legal practitioners from all parts of the world and diverse, works on all five continents and addresses human rights protection in dozens of countries.
Mar 12, 2019 | News
Following its mission to Ukraine on 4-8 March, the ICJ has called on the Ukrainian authorities to take urgent steps to ensure the physical safety of lawyers and to bring to justice those responsible for a series of violent attacks against them.
During its visit, the ICJ delegation heard consistent testimony of attacks on lawyers by private persons, ranging from acts of intimidation to use of firearms against them.
Several lawyers have been attacked physically and verbally by individuals or organized groups, including in court. At least six lawyers have recently been killed in relation to the exercise of their professional duties.
These attacks take place in an environment where legislative reforms directed at governance of the legal profession, which would have grave consequences for freedom of association and the functioning of the bar association and civil society, have been proposed by the Presidential Administration without consultation with lawyers.
Without urgent and significant efforts to prevent attacks and combat impunity, the independence of the legal profession, and the ability of lawyers to protect human rights, will be increasingly jeopardized, the ICJ concluded at the end of its mission to the country.
It is of concern that violent attacks against lawyers, many of which have been credibly attributed to extreme right-wing groups, often result in impunity of the perpetrators, despite evidence and despite specific provisions in the criminal law which protect lawyers against attacks.
The ICJ heard that the law enforcement bodies often fail to investigate these cases in a prompt and impartial manner even where the identity of perpetrators is known.
The ICJ stresses that these attacks on lawyers, which are often related to the defence of clients in politically sensitive criminal cases, undermine the ability of lawyers to exercise their duties and protect the human rights of their clients, free from intimidation, hindrance, harassment or improper interference.
Furthermore, the ICJ recalls that under international human rights law, the State must take steps to protect the security of persons who the authorities know or ought to know are under threat, and they must ensure an independent, prompt, and thorough investigation of any attacks on the life or physical integrity of individuals.
In this regard, the ICJ stresses that a well-functioning, independent legal profession is essential to any justice system that upholds the rule of law. International standards recognize the importance of lawyers in protecting human rights and the contribution they make to maintaining the rule of law and the fair administration of justice.
The UN Basic Principles on the Role of Lawyers emphasize the importance of the independence of bar associations in ensuring the fair and effective administration of justice. Such associations must be institutionally independent, both in law and in practice, from all external actors, including the government, other executive agencies, parliaments and outside private interests.
In light of these standards, the ICJ is concerned about the process of adoption of draft law No 9055 “On the Bar Association and Lawyers’ Activity”, which was drafted without the necessary level of consultation and participation of a main stakeholder, the National Bar Association of Ukraine, which strongly opposes it.
It is unacceptable that in this context the draft law had been submitted to the Parliament through an urgent procedure, the need for which appears to be dubious, the ICJ says.
If adopted without the necessary consultation and endorsement by the Bar Association, this law may pose a threat to the independence of the legal profession in Ukraine and the capacity of civil society, including human rights defenders, to carry out their critical work, the Geneva-based organization adds.
The ICJ is particularly concerned that according to the draft law, lawyers would not be able to be employed by NGOs while being members of the Bar Association.
While international practice may differ, in the context of Ukraine specifically, this may undermine the ability of human rights NGOs to provide qualified legal representation or assistance to those whose human rights have been violated.
The ICJ further noted consistent allegations of corruption and lack of integrity of lawyers including in the context of legal aid system.
It also appears that the examination process for qualification as a lawyer, especially in some regions, is not free from corruption. Until now, the Bar Association has not been able to effectively resolve this problem which must be addressed as a matter of urgency.
The mission to Ukraine included members of the ICJ Secretariat as well as representatives of the Amsterdam and Geneva Bar Associations. It met with leading human rights NGOs, IGOs, the members of the Ukrainian National Bar Association as well as representatives of the Ministry of Justice of Ukraine.
The ICJ wishes to thank all those whom its representatives met in Kyiv. A final report based on the key findings of the mission will be published later this year.
Mar 12, 2019 | Advocacy, Non-legal submissions
The ICJ today highlighted threats to the rule of law in Turkey, Poland, Hungary and Azerbaijan, and the need to address corporate complicity in South Sudan, at the UN Human Rights Council in Geneva.The statement, delivered during general debate, read as follows:
“The situation remains grave for the rule of law and legal protection of human rights in Turkey and Poland.
In Turkey, constitutional reforms in 2017 that undermined the independence of the judiciary should be abolished. Civil society members are prosecuted under overbroad and vague terrorism offences.
In Poland, the Legislature is trying arbitrarily to remove one third of the Supreme Court, a measure that is on hold only temporarily. Unjustified disciplinary proceedings are also being pursued against Polish judges for having sought a ruling of the Court of Justice of the EU.
Elsewhere, in Hungary civil society is ostracized and subject to legislation that risks criminalizing their legitimate activities. In Azerbaijan, as one example of a broader pattern of interference with lawyers and other human rights defenders, lawyer Elchin Sadigov was reprimanded for advising in a confidential manner to his client in detention to complain about torture to which he allegedly had been subjected.
The ICJ is also concerned at the findings by the Commission on Human Rights in South Sudan (A/HRC/40/69, A/HRC/40/CRP.1) that point to the oil industry as a “major driver” in the continuation of the armed conflict and resulting human rights violations. Potential corporate complicity with crimes under international law demand investigation and a strong monitoring mechanism for the use of oil revenues should be established.”
Mar 4, 2019 | News
Today, the ICJ expressed concern at the disciplinary proceedings against lawyer Elchin Sadigov who was sanctioned with a reprimand on 25 February 2019 by the Presidium of the Bar Association of Azerbaijan.
The ICJ called on the Bar Association to reverse this sanction and take measures to end interference with the independent exercise of the representation of victims of human rights violations.
The decision to hold the lawyer accountable for actions taken in accordance with professional ethics and responsibilities jeopardizes the independence of lawyers and their capacity to protect human rights, and is likely to have a chilling effect on the independent exercise of lawyers’ duties in Azerbaijan, the ICJ said.
Elchin Sadigov represented Yunis Safarov, who was charged with the attempted murder of Elmar Valiyev, former mayor of Ganja City in Azerbaijan. According to Sadigov, he informed his client in a confidential conversation in detention, of the right to complain about torture or ill treatment.
Shortly afterwards, he was told that he had violated the law by persuading his client to complain about the ill-treatment which, the Prosecutor General’s Office officials “decided” in an official document, never took place.
On 5 September 2018, the Prosecutor General’s Office removed Elchin Sadigov as Safarov’s representative and complained to the Bar Association, seeking disciplinary action against the lawyer, among others, on the basis of “[…] creating false grounds to file a complaint to the European Court of Human Rights […], clearly knowing that it is not true, proposed his client to complain about torture inflicted by the police and investigative authorities, despite the fact that the accused told him that he had not been tortured, Sadigov continued psychological influence on his client again – as if he had been tortured – to refuse giving testimony, to refuse services of the State appointed lawyer […]”.
The complaint referred to the confidential conversation between the lawyer and his client, which was apparently overheard and possibly recorded by law enforcement officials. It also refers to a letter which appeared during the disciplinary proceedings, in which Sadigov’s client complained that his lawyer had tried to convince him to complain about use of torture in custody.
According to Elchin Sadigov, however, this letter may have been signed by his former client under pressure from the detention authorities.
The ICJ recalls that according to the UN Basic Principles on the Role of Lawyers, it is indispensable that lawyers “always loyally respect the interests of their clients.”
The Principles specify that they assist their clients “in every appropriate way, and taking legal action to protect their interests”. In the present case, as submitted by Elchin Sadigov and evident from the publicly available materials including photos and videos of Safarov with clear and multiple signs of severe beatings, the lawyer had every reason to believe that his client had been subjected to torture and ill treatment in custody.
Therefore, he had not only the right, but an affirmative professional duty to advise his client to use available remedies for this violation of human rights through procedural means such as a complaint. A failure to do this would be a breach of professional ethics and duties on the part of the lawyer as a trusted representative of his client. The ICJ is concerned that in this case a lawyer was held accountable for attempting to discuss with his client, in a confidential manner, issues related to the human rights of his client.
The ICJ is furthermore concerned that the principle of lawyer-client confidentiality has been violated in this case.
This principle is a fundamental component of the right to a fair trial, as protected under the International Covenant on Civil and Political Rights and the European Convention of Human Rights, to both of which Azerbaijan is a party.
According to the UN Basic Principles on the role of lawyers “[a]ll arrested, detained or imprisoned persons shall be provided with adequate opportunities, time and facilities to be visited by and to communicate and consult with a lawyer, without delay, interception or censorship and in full confidentiality…”
The ICJ is also concerned that lawyer Sadigov’s conversations may have been monitored in violation of the guarantees of professional secrecy with his client and contrary to international law and national procedure.
The ICJ considers it essential that the Bar Association send a strong signal in support of independent lawyers by lifting the sanction against lawyer Sadigov and consider legislative and practical improvements to ensure that confidentially of lawyers and their clients in detention is effectively guaranteed in practice.
Azerbaijan-Statement Sadigov-News-web stories (full story with additional information, in PDF)
