Jun 19, 2018 | Advocacy
The ICJ welcomes the proposal of the Parliamentary Assembly of the Council of Europe (PACE) in its Recommendation 2121(2018) calling for the development of a Council of Europe Convention on the Profession of Lawyer.
The ICJ believes that such a Convention could make an important contribution to strengthening the rule of law and the protection of human rights in the Council of Europe region, building on existing Council of Europe standards and jurisprudence of the European Court of Human Rights.
The ICJ particularly welcomes PACE’s call for an effective control mechanism to be put in place under a new Convention, as recent developments in a number of Council of Europe Member States show a significant gap in implementation of Council of Europe standards on the independence and security of lawyers.
Lawyers, along with judges and prosecutors, are one of the pillars on which protection of the rule of law and human rights through the justice system rests.
Recognizing this, the ICJ, since its foundation in 1952, has worked to protect lawyers under threat and to develop international standards for the independence, role and integrity of the profession.
Successive ICJ Declarations, adopted by leading jurists from all regions of the world, have affirmed that the role of the legal profession is “paramount in safeguarding human rights and the Rule of Law” (2008 Declaration on Upholding the Rule of Law and the Role of Judges and Lawyers in Times of Crisis (ICJ 2008 Declaration).
In any legal system, the legal profession plays a pivotal role in ensuring access to justice and effective remedies and accountability for violations of human rights, as well as upholding the right to fair trial, right to liberty and freedom from torture and other ill-treatment in the criminal justice process.
In defending criminal cases, in advising and representing victims of human rights violations and their relatives or in challenging before the courts national legislation or policy that is contrary to human rights , lawyers give practical effect to human rights guarantees and rule of law principles.
The importance of this role has been recognized by international standards as well as in the jurisprudence of the European Court of Human Rights, which has emphasized the “specific status of lawyers [having] a central position in the administration of justice as intermediaries between the public and the courts”.
It is thus of fundamental importance that lawyers are able to fulfill their professional duties without interference. As the European Court of Human Rights has held, “persecution and harassment of members of the legal profession strikes at the very heart of the Convention system.”
Full text in ENG (PDF): Europe-Drafting-a-EU-Convention-on-the-Profession-of-Lawyer-2018-ENG
Jun 18, 2018 | Events, News
This side event at the Human Rights Council takes place on Wednesday, 20 June, 16:00-17:00, room XXIII of the Palais des Nations. It is organized by the ICJ.
Speakers:
May 30, 2018 | News
As Chief Justice Maria Lourdes Sereno filed a motion today to reconsider the Supreme Court’s 11 May 2018 decision to remove her from the Court, the ICJ expressed its grave concern that the proceedings in the case had contributed to an overall deterioration in the rule of law in the country.
Sereno’s removal comes on the heels of a series of public statements by President Rodrigo Duterte attacking the Chief Justice, including direct threats to seek her removal from the Court.
The ICJ and other national and international observers have repeatedly and publicly condemned these attacks.
Her removal, through the contrivance of a judicial ruling by a sharply divided Court, adds to the perception that the government institutions are unable or unwilling to safeguard the rule of law, and will attack the institutions that protect it.
“Preserving the independence of the judiciary in the Philippines is crucial at a time when the government is credibly alleged to have been engaged in widespread and systematic human rights violations, amounting to crimes under international law,” said Frederick Rawski, Asia Pacific Director for the ICJ.
“Given the perception of political interference and the potential impact of this case on the credibility of the judiciary as a whole, it is imperative that the Court swiftly and fairly consider the Chief Justice’s motion for reconsideration,” he added.
The removal decision came in response to a quo warranto petition filed by the Solicitor General, the government’s foremost counsel.
The petition sought to nullify her appointment on the grounds that she had failed to comply with disclosure requirements, despite the fact that her qualifications had already been certified as sufficient by the Judicial and Bar Council when her name was included in the short-list submitted to the president for consideration.
The decision superseded ongoing impeachment proceedings in the Congress.
The ICJ raised concerns that the decision could open the floodgates to similar attacks, not only against members of the Court, but to members of the judiciary and other bodies, such as the Philippine Commission on Human Rights.
It called on the Supreme Court to take care to ensure that any proceedings are conducted in line with the highest standards of judicial ethics, as reflected in the international standards such as the Bangalore Principles of Judicial Conduct.
The ICJ also reminded the government of the Philippines that under international standards – including the UN Basic Principles on the Independence of the Judiciary – the judiciary, including individual judges, must be able to conduct itself without “improper influences, inducements, pressures, threats or interferences, direct or indirect… for any reason.”
It is a responsibility of both the judiciary and the political branches of government to ensure that this principle is respected.
Contact
Emerlynne Gil, Senior International Legal Adviser for Southeast Asia, t: +662 619 8477 (ext. 206) ; e: emerlynne.gil@icj.org
May 30, 2018 | Advocacy, Non-legal submissions
The ICJ today made a submission for an upcoming report by the UN Secretary General on recent developments concerning human rights in the administration of justice.
In 2016, the UN General Assembly requested the Secretary General “to submit to the General Assembly at its seventy-third session a report on the latest developments, challenges and good practices in human rights in the administration of justice, including on efforts to ensure equal access to justice for all through the independent, impartial and effective administration of justice, and on the activities undertaken by the United Nations system as a whole”.
The UN is in the process of preparing the report, which will cover developments during the last two years since the previous report of the Secretary General.
The ICJ’s submission can be downloaded in PDF format here: UN-GA-AdminJustice-2018
May 29, 2018 | News
The ICJ is deeply concerned about the recent attacks against Judge Erika Aifán that put judicial independence in Guatemala at imminent risk. Judge Aifán has always been upright and honest in her rulings, which she bases on sound principles of the rule of law.
Ramon Cadena, Director of the Central American office of the ICJ stated today: “We must support Judge Aifán because the guarantee of judicial independence is under serious threat.”
“Judge Aifán is an honest and brave Judge presiding over emblematic cases, which could be put in jeopardy if the legal actions against her proceed,” he said.
“It is totally unacceptable that a Court imposes a fine against a professional carrying out their duty. The Judges of the Third Court who imposed this fine should be investigated by the Public Ministry on account of their actions, which constitute an attack on judicial independence,” he added.
The ICJ firmly believes that the independence of judges is essential to uphold the rule of law so that public officials can effectively guarantee access to justice for victims of human rights violations.
The Inter-American Commission of Human Rights (IACHR) has established that “the independence of the judicial power has been recognized as a general principle of law and enshrined in many international treaties”.
For that reason, and with reference to the Guatemalan Constitution and international human rights standards, the ICJ considers that the Guatemalan Supreme Court should take an active role in the defence of judicial independence and in this specific case concerning Judge Aifán.
The ICJ also urges the UN Special Rapporteur on the Independence of Judges and Lawyers to visit the country.
The ICJ also considers that the Guatemalan Prosecutor for Human Rights should submit the case to the IACHR so that that Commission can grant preventive measures to Judge Aifán and investigate this flagrant violation of judicial independence.
The ICJ also requests that the IACHR intervenes in the present situation.
The ICJ considers that the motives for the attacks against Judge Aifán are because she is currently presiding over emblematic cases in the fight against impunity and corruption.
Groups who are interested in maintaining a situation of impunity wish to see her removed from her position.
The ICJ recalls that a judge can only be removed from office for reasons established by law, following a disciplinary process that complies with the basic guarantees of a fair trial; or when a judicial officer has completed the term of their mandate.
Neither of these conditions is met in the case of Judge Aifán. Therefore, the ICJ can only conclude that the attacks against her are attacks on the independence and impartiality of the judiciary as a whole.
It is self-evident that the independence of every judicial body is indispensable for the fulfilment of fair trial standards without which the right of access to justice is undermined.
Furthermore, without judicial independence, people lack confidence in the courts or are fearful and therefore refrain from taking cases to justice.
