Sep 8, 2017 | News
Today, 8 September, the ICJ and the Supreme Judicial Council of the Republic of Uzbekistan (SJC) hold a joint International Seminar on Comparative Approaches to Selection, Appointment and Evaluation of Judges.
The seminar will address issues related to the institutions and procedures on appointment and selection of judges as well as assessment of judicial performance. International standards and national comparative examples will be discussed, including experiences of Uzbekistan, Austria, Germany, Kazakhstan, the Kyrgyz Republic and Serbia. The European and Central Asian perspectives will allow the participants to identify common challenges and find ways to address them.
A Press Release about the event is available to download:
In English, in Russian, or in Uzbek.
Aug 22, 2017 | News, Publications, Reports, Thematic reports, Video clips
The institutional political crisis in Venezuela has brought the rule of law to near collapse and severely obstructed accountability for those responsible for gross human rights violations, the ICJ concluded in a report released today.
The ICJ’s report Achieving Justice for Gross Human Rights Violations in Venezuela found that the authorities led by President Nicolás Maduro have undertaken a sustained campaign to take control of the Supreme Court of Justice and, with the Supreme Court’s support, suspend the constitutional powers of the former National Assembly and subvert efforts to hold the executive to account within a rule of law framework.
“Rule of law in Venezuela has been replaced by rule of arbitrary executive power,” said Alex Conte, ICJ’s Global Accountability coordinator.
“The Constitution is disregarded, the judiciary cannot exercise its independent function, and the separation of powers is non-existent,” he added.
The ICJ’s report concludes that the human rights situation in Venezuela has deteriorated rapidly in recent years, particularly since 2014.
Extrajudicial and arbitrary executions, the practices of torture and ill-treatment, arbitrary detention, the trial of civilians by military courts and the criminalization and prosecution of political and social dissent have only increased.
“The political context of extreme polarization and the breakdown of the rule of law, along with the judiciary’s lack of independence, have severely obstructed accountability for those responsible for gross human rights violations,” said Conte.
“Victims and their families are left without justice.”
This situation has been further exacerbated by the recent dismissal of Venezuela’s Attorney General, described by the ICJ as a politically motivated act that violates international standards and removes one of the last institutional checks on executive authority and destroys one of the few glimmers of hope for an end to impunity for human rights violations.
Also troubling is the establishment by the new Consituent National Assembly of a ‘Truth Commission’, which the ICJ fears will be a politically manipulated instrument aimed at entrenching impunity for the executive and, when combined with President Maduro’s declaration that legal immunity will be stripped from National Assembly members that have opposed him, a tool to silence Government opposition, rather than to help discharge Venezuela’s duty to promptly, independently and effectively investigate allegations of gross human rights violations.
“Venezuela’s situation of entrenched impunity cannot be resolved without the establishment of an independent judicial authority that can address human rights violations, deter further violations and help bring back the rule of law,” Conte added.
Contact:
Alex Conte, ICJ Global Redress and Accountability Initiative, t: +41 79 957 27 33; e: alex.conte(a)icj.org
Federico Andreu Guzman, ICJ Senior Legal Adviser, Americas, e: Federico.andreu(a)icj.org
Venezuela-GRA Baseline Study-Publications-Reports-Thematic reports-2017-ENG (full report, PDF)
Read also:
ICJ Position Paper on the Dismissal of the Attorney General of Venezuela (August 2017)
ICJ Report, Venezuela: The Sunset of the Rule of Law (October 2015)
ICJ Report, Strengthening the Rule of Law in Venezuela (November 2014)
Aug 3, 2017 | News
The ICJ is deeply concerned by the Constituent Assembly elections held in Venezuela on 31 July and the violence that accompanied the process and left a number of people killed, injured or arbitrarily detained.
The ICJ considers that the election of a National Constituent Assembly (NCA) failed to comply with the Article 347 of the current Constitution, which provides the legal basis for convening of an NCA. In particular, a significant portion of the members of the NCA should be chosen in open and universal elections, but instead are to be selected from restricted social sectors.
Such arrangements undermine the right to direct, free, equal and secret elections recognized under international human rights standards, the Geneva-based organization adds.
“A Constitution which does not guarantee the basic principles of the rule of law and the validity of fundamental human rights and freedoms not only violates the international obligations of the Venezuelan State, but can also be used as a means of undermining the human rights of Venezuelans,” said Sam Zarifi, Secretary General of the ICJ.
The ICJ also calls for a prompt and independent investigation into alleged electoral fraud on the day of the poll.
The ICJ says that irrespective of its legitimacy, the new NCA must respect human rights and rule of law principles.
In particular, until the approval of a new Constitution, the NCA must respect the current Constitution of 1999, especially in terms of judicial independence, and protection of human rights.
Similarly, the new Constitution, which the NCA will draft, must also fully guarantee the basic principles of the rule of law, including the separation of powers, legislative autonomy, the independence of the judiciary, the subordination of military forces to the civil authority and the principle of legality and judicial control of executive actions.
The new Constitution also must fully guarantee the protection of human rights and fundamental freedoms.
It must enshrine the prohibition of trials of civilians by military courts, and ensure that states of emergency respect the requirements and guarantees of the Covenant International Covenant on Civil and Political Rights (ICCPR) and other international law and standards, the ICJ adds.
The ICJ also considers that the new Constitution, in addition to incorporating the human rights and fundamental freedoms already contained in the current Constitution, should add the express prohibition of extrajudicial executions, enforced disappearances, torture and ill-treatment, arbitrary detention, and other serious human rights violations.
Jul 25, 2017 | News
Today the ICJ expressed concern about the real threat of criminal prosecution against lawyers Yerlan Gazimzhanov, Amanzhol Mukhamedyarov and Assel Tokayeva (photo) in Kazakhstan.
The ICJ said the action against lawyers was aimed at their discharging of their professional functions on behalf of clients, and not for any genuine criminal misconduct.
The ICJ called on the responsible authorities of Kazakhstan to discontinue the proceedings against the lawyers, which are contrary to international law and standards on the role of lawyers and the rule of law in the administration of justice.
On 22 June, in a court hearing in the criminal case, judge Ubasheva issued interim rulings against the lawyers seeking their prosecution for a number of acts, which on their face do not consist of criminal misconduct. The conduct for which prosecution is sought includes lodging a complaint alleging unethical conduct by the judge with the Commission on Judicial Ethics and Judicial Jury of the Supreme Court of the Republic; filing a motion for recusal of the judge; stating that the crime for which their clients had been accused had in fact been committed by another defendant; and participating in an international conference, rather than attending a court hearing to defend clients.
The various legal procedures used by the lawyers, including their complaint against the judge and the request for the judge’s recusal, are not prohibited by law. On the contrary, acts such as filing motions for recusal, lodging ethics complaints through officially prescribed channels, and performing standard criminal defence functions they constitute regular procedures prescribed in legislation Kazakhstan. They are also fundamental pursuant to the proper administration of justice under the rule of law.
The interim rulings of the court did not provide an analysis of the legal provisions allegedly violated by the lawyers. Certain of the lawyers were said by the court to have “demonstrated superiority over other actors in criminal proceedings.” It was also alleged that the information posted on a Facebook page about the proceedings in which one of the lawyers took part was false. However, the ruling failed to cite any specific details or conduct of the lawyers which would support these conclusions.
Regarding the charge that two of the lawyers had chosen to participate in an international conference rather than appear at the court hearing, this at most would fall under disciplinary procedures governing the conduct of members of the bar, and not the criminal law. The ICJ notes these charges should normally be made to competent disciplinary body, the Collegium of Lawyers, and not the Ministry of Justice through the request of the judge.
In addition to the criminal prosecution, judge Ubasheva asked the Ministry of Justice to take measures against the lawyers for a breach of professional ethics, causing unjustified delays in criminal trial, and contempt of court, and asked the Ministry of Interior to undertake an inquiry to determine whether the conduct of the lawyers constituted an offence punishable under Article 407 of the Criminal Code of Kazakhstan (obstruction of justice).
On 20-21 July 2017, the Criminal Chamber of Appeals examined the lawyers’ appeals against the conviction and interim appeals against the interim rulings.
The appeal proceedings before the Astana City Court were attended by Gulnora Ishankhanova, ICJ Commissioner acting as an ICJ observer.
Kazhakstan-Trial observation 3 lawyers-News-web story-2017-RUS (story in Russian, PDF)
Jul 25, 2017 | News
The ICJ is concerned with the passing of Constitutional Amendment no. 1 of 2017 by the House of Assembly of Zimbabwe on 25 July 2017.
The House of Assembly voted with over two-thirds majority for the amendment of the Zimbabwean Constitution.
The amendment grants the President the right to appoint to office, the Judge President of the High Court, the Deputy Chief Justice and the Chief Justice of Zimbabwe.
Before this amendment the Judicial Services Commission (JSC) spearheaded the process of selection and appointment of judges with the President merely appointing from candidates recommended to him by the JSC.
The enactment of this Bill to law is likely to have a negative effect on the public’s perception of the judiciary. It also has the potential to affect the impartiality and the independence of the judiciary.
“The amendment to the 2013 Constitution will negatively affect public confidence in the judiciary. Not only is this a departure from a position that was in line with international standards and best practices; the amendment is likely to have a ripple effect on the judiciary,” said Arnold Tsunga, the ICJ Africa Director.
“In the short term the executive now has a carrot, which it can dangle in front of judicial officers. If a judge wants to be promoted to Judge President, Deputy Chief Justice or Chief they may have to align themselves with the thinking of the executive. Over time, given the central roles that these three office bearers play in the appointment process and thought leadership, Zimbabwe is likely to have a very executive minded bench,” he added.
To this end the ICJ calls upon the government of Zimbabwe to reconsider its decision to amend the Constitution in the manner proposed in the bill.
The procedure in section 180 of the constitution had distinguished Zimbabwe’s appointment procedures as exemplary in the region.
It is unfortunate that through this amendment the country has failed to consolidate this leadership position.
The amendment would be regressive and poses a real risk of undermining the essential role of the judiciary in securing the rule of law in Zimbabwe.
Zimbabwe-Constitutional Amendment-News-web stories-2017-ENG (full statement, in PDF)
