Nov 17, 2016 | Events, Multimedia items, News, Video clips
The 7th annual Geneva Forum of Judges & Lawyers, 17-18 November 2016, brought together judges, lawyers, and refugee and migration experts from around the world, as well as UN agencies to discuss the role of judges and lawyers in situations of large-scale movement of refugees and migrants.
Participants reflected on practical, policy, and legal challenges posed by contemporary movements of refugees and migrants, perceived as exceptional in terms of their scale and speed. Particular situations to be considered include those in Europe (with people coming primarily from and through North Africa and the Middle East, including from Syria, Eritrea, Iraq and Afghanistan); in the Americas (including people coming to the United States of America from Central and South America); in Asia (including in relation to the Rohingya across Southeast Asia, and in relation to practices involving Australia and the Pacific); and within and from parts of Sub-Saharan Africa.
In most of these situations, the legal protections available and the respective roles of the executive, legislative and judicial branches of government in securing these protections has been a matter of debate.
Authorities world-wide have faced the challenge of ensuring that in all circumstances people have access to fair and effective procedures in relation to key decisions about their rights and interests, such as: determinations of a person’s entitlement to international protection, including determinations as to refugee status; decisions about detention or criminal proceedings based on one’s entry or presence in the country; and decisions about expulsion or onward transfer.
In some cases governments have departed radically from ordinary procedures. The framework of “crisis” or “emergency” has been increasingly invoked, sometimes to reduce judicial protections and guarantees and access to justice.
Forum participants were invited to analyze relevant legal and policy frameworks and practices at the national, regional and universal levels, and to make recommendations about the particular role of judges and lawyers in such situations, including relative to the executive and legislative branches of government.
During the Forum, the forty distinguished judges and lawyers from around the world reaffirmed the essential role of judges and lawyers in securing the rule of law and human rights in relation to large movements of refugees and migrants.
The Forum concluded with substantial agreement and reaffirmation of the essential role that judges and lawyers must be enabled to play, and must fulfil in practice, if the rights of refugees and migrants and the rule of law are to be secured, including in the context of large movements.
Participants exchanged challenges and solutions, and deliberated on a wide range of issues, including:
- on methods for best assessing evidence and credibility;
- on means for overcoming the legal, policy, and practical challenges when judges and lawyers face large numbers of claims and cases;
- on reforms to better enable immigration judges to meet basic standards of independence and impartiality;
- on the need for judiciaries and legal professions to ensure practitioners receive appropriate training and better access to information about international standards and reliable information about country situations;
- on the importance of effective access to competent legal advice and representation, including free of charge when necessary, for refugees and migrants to be able to exercise their rights and for judges to be able to decide cases in an efficient and just manner;
- on ways of supporting judges who courageously exercise their independence to uphold the rule of law and human rights, including in the face of interference or reprisal from the executive or legislative branches of government, or intense media criticism or majoritarian pressure;
- on ensuring that refugees and migrants who are victims of crime or victims of human rights violations are able to have effective access to justice and effective remedy, without discrimination arising from their status;
- on the importance of ensuring that legal processes are sensitive to the particular situation of women and children migrants, and migrants in detention.
The main output of the Forum, published in May 2017, is the ICJ Principles on the role of judges and lawyers in relation to refugees and migrants.
The Principles complement ICJ’s 2011 (updated 2014) Practitioners’ Guide No 6 on Migration and International Human Rights Law, and Practitioners Guide No 11 on Refugee Status Claims Based on Sexual Orientation and Gender Identity (2016).
The 2016 Geneva Forum of Judges & Lawyers was made possible with the support of the Republic and Canton of Geneva, Switzerland.
The ICJ is also grateful to the Swiss Confederation, and the Centre d’Accueil Genève Internationale (CAGI), for their in-kind support.
The Programme for the 2016 Forum can be downloaded in PDF format here:
en-programme-2016gf-09-11-2016
esp-programme-2016gf-09-11-2016
The List of Participants can be downloaded in PDF format here: participants-2016gf-09-11-2016
Information about the Geneva Forum from past years is available by clicking here.
The final output of the 2015 Geneva Forum was the publication of ICJ Practitioners Guide No. 13, on Judicial Accountability, available in PDF format by clicking here.
For further details, please contact Matt Pollard, senior legal adviser, matt.pollard(a)icj.org
Voices from the Geneva Forum 2016: Sanji Monageng
Voices from the Geneva Forum 2016: Guy Goodwin-Gill
Voices from the Geneva Forum 2016: Maya Sahli-Fahdel (in French)
Voices from the Geneva Forum 2016: Mónica Oehler Toca (in Spanish)
Information about related ICJ work on refugees and migrants can be accessed by clicking the links below:
ICJ and others call on the EU to protect refugee and migrant children’s rights (November 2016)
Nov 5, 2016 | News
Today the ICJ, in partnership with the National Collegium of Advocates of Kazakhstan, hosts a major regional conference in Almaty, Kazakhstan, on the role and independence of the legal profession in Central Asia.
Bringing together bar associations and lawyers from across Central Asia, as well as representatives of bar associations from European countries and international experts, the conference explores how associations of lawyers can strengthen the role of lawyers in the justice system.
Participants will discuss the organization and self-governance of the profession in each of the countries of Central Asia; will analyse the obstacles lawyers face in protecting the rights of their clients; and will debate standards and good practices in protecting the integrity of the profession through codes of ethics, disciplinary proceedings and professional training.
“Across Central Asia, every day, lawyers do vital work to protect the human rights of their clients. But they can only do this effectively when their independence is protected in law and in practice, and when high ethical and professional standards are enforced by self-governing associations of lawyers.” said Róisín Pillay, Director of the ICJ Europe and CIS programme
“At a time when the organization of the profession is being renewed in several countries of the region, this conference aims to ensure that lawyers work together to learn from each others’ experiences, and from international law and standards, to strengthen associations of lawyers in upholding the vital role of the profession,” she added.
Download the agenda in English and Russian here:
central-asia-agenda-conference-legal-prof-news-web-stories-2016-rus-eng (in PDF)
Oct 13, 2016 | News
The ICJ expressed disappointment in the adjournment of Asia bibi’s blasphemy appeal and urged the Supreme Court to set a new hearing date as soon as possible.
“Asia bibi has been on death row for six years under a bad law that has been improperly applied,” said Sam Zarifi, ICJ’s Asia Director. “The Supreme Court has previously held that people accused of blasphemy in Pakistan ‘suffer beyond proportion or repair’ – such delays in proceedings are one reason why.”
The hearing was adjourned because Justice Iqbal Hameed-ur-Rahman, one of the three judges to hear the case, recused himself from the bench on the day of the hearing, reportedly because of a “conflict of interest”.
“The date and bench for the hearing had been fixed nearly a week ago – it is difficult to understand why Justice Hameed-ur-Rahman’s decision to recuse himself was announced only at the hearing, with no alternative arrangements having been made,” added Zarifi.
Justice Hameed-ur-Rahman’s recusal is related to Salmaan Taseer’s murder case.
In 2011, Salmaan Taseer, the former Governor of Punjab, was killed by his bodyguard, Mumtaz Qadri.
Qadri claimed he killed Taseer for questioning the merits of the blasphemy proceedings against Asia bibi and calling for reform of the blasphemy laws to prevent their misuse.
Mumtaz Qadri was convicted and sentenced to death for the killing in October 2011.
Qadri challenged the conviction and sentence before the Islamabad High Court, where Justice Hameed-ur-Rahman was one of the two judges who admitted his appeal for hearing.
Extremist Islamist groups have frequently held demonstrations calling for Asia bibi to be hanged.
A day before the Supreme Court was scheduled to hear Asia bibi’s appeal, an Islamist group publicly threatened it would take to the streets if Asia bibi was acquitted.
Asia bibi’s lawyer, Saif-ul-Malook, has also stated he has received threats for pursuing her case.
Under Pakistani and international standards, judges have a right and a duty to decide cases before them according to the law, free from fear of reprisals.
Governments must also ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference from any person.
In a report published last year, the ICJ documented a pattern of threats and violence in blasphemy cases in Pakistan.
Judges who hear blasphemy cases are often harassed and threatened by those who demand that the suspect be convicted.
Some judges have reported receiving letters and phone calls warning them of attacks against themselves and their families if defendants in blasphemy cases are acquitted.
Where hearings are public, courtrooms are often packed with hostile crowds, chanting slogans against the accused. Often, these crowds are linked to violent Islamist groups.
The Government should take notice of this pattern of threats and reprisals and ensure the judges and lawyers in Asia bibi’s case are given adequate security to perform their duties independently and impartially, said the ICJ.
Contact:
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Reema Omer, ICJ International Legal Adviser for Pakistan (London), t: +44 7889565691; e: reema.omer(a)icj.org
Additional Information
Asia Noreen (Asia bibi) has been on death row since 2010, when a trial court convicted her of “defaming the Prophet Muhammad” and sentenced her to death. The Lahore High Court upheld her conviction and confirmed her death sentence in 2014.
In a briefing paper published on Wednesday, the ICJ assessed the fair trial violations in Asia bibi’s trial and appellate hearing.
The ICJ found glaring omissions both in the appraisal of evidence as well as the application of laws that brought her conviction into question.
Oct 11, 2016 | News
Today, the ICJ observed a hearing in the case of Azimzhan Askarov, a prominent human rights defender in Kyrgyzstan, convicted in 2011 of murder and incitement to ethnic hatred, after an unfair trial, and sentenced to life imprisonment.
Azimzhan Askarov is appealing against his conviction following a decision of the UN Human Rights Committee.
The Chuy Court began the appeal hearing in the case on 4 October, following the findings of the UN Human Rights Committee that Azimzhan Askarov’s arrest, detention and trial violated the International Covenant on Civil and Political Rights (ICCPR), including the prohibition on torture or other ill-treatment, the prohibition on arbitrary detention, and the right to fair trial.
As a result, the Supreme Court ordered a reconsideration of the case earlier this year.
At today’s hearing a witness who was Askarov’s former cellmate confessed that he beat Askarov up in detention, which is the first time that direct testimony about Askarov’s torture or other ill-treatment has been presented to the Court.
Previously such allegations were refuted by the prosecution.
The next hearing is scheduled for 18 October. The ICJ will continue monitoring the case in future hearings.
Contact
Róisín Pillay, e: roisin.pillay(a)icj.org
Dmitry Nurumov, e: dmitry.nurumov(a)icj.org
Background
Azimzhan Askarov, a prominent human rights defender, was convicted of murder and incitement to ethnic hatred and sentenced to life imprisonment in December 2011.
The charges concerned allegations of his participation in a murder of Myktybek Sulayamanov, a police officer, during the 2010 ethnic clashes in the South of Kyrgyzstan.
The ICJ observed the appeal hearing in the case before the Supreme Court on 20 December 2011.
Based on the results of the mission as well as the documents of the case, the ICJ published a detailed report on the arrest, detention and trial of Azimzhan Askarov.
In March 2016, the UN Human Rights Committee issued a decision in regard to Askarov’s complaint and found violations of Articles 7 (freedom from torture), Article 9 (prohibition of arbitrary detention); Article 10 (right to humane treatment in detention), Article 14 (right to a fair trial) of the International Covenant on Civil and Political Rights.
On 12 July 2016, the Supreme Court ordered a further reconsideration of the case on appeal.
The Chuy Regional Court is currently considering the case.
kyrgyzstan-askarov-trial-obs-news-web-story-2016-rus (full story in Russian, PDF)
Oct 7, 2016 | News
The ICJ today expressed its serious concerns over the convictions on charges of incitement and extremism of Tajikistan lawyers Buzurgmehr Yorov and Nuriddin Makhkamov, and their sentencing to 23 and 21 years in prison respectively.
“These convictions, which continue a recent pattern of persecution of lawyers in the country, will contribute to the already poor climate for the independence of the legal profession in Tajikistan,” said Róisín Pillay, Director of the ICJ’s Europe and CIS Programme.
“The ICJ calls on the Government of Tajikistan to ensure that the two lawyers are able to appeal their convictions through a fair process before an independent court,” she added. “It should ensure that criminal prosecution is not used by the executive as a means to limit lawyers in the exercise of their professional duty, and that lawyers do not suffer any reprisals due to their identification with their clients’ causes.”
On 6 October, the two lawyers were sentenced by the Dushanbe City Court on a number of charges, which included incitement to feud, calls for a violent change of the constitutional order and extremist activity.
They were also banned from working as lawyers for five years after serving their sentences.
Buzurgmehr Yorov, head of the Sipar Collegium of Lawyers, was arrested on 28 September 2015. Nuriddin Makhkamov, a lawyer of the same Collegium, was taken into police custody on 22 October 2015.
Both lawyers represented members of the Islamic Renaissance Party of Tajikistan (IRPT) at the time of their arrests.
At the trial, which was closed to the public, with only relatives allowed to attend, the lawyers denied their guilt and argued that the case was politically motivated and related to their defence of IPRT members.
Buzurgmehr Yorov was reported to have testified during the trial that he took up the case not because of a sympathy for the IRPT but because of his professional duty as a lawyer.
These convictions raise significant concerns under international human rights law and international standards on the role of lawyers.
It is a fundamental principle, necessary for the right to fair trial and recognized in international standards on the role of lawyers, that lawyers should never be identified with their clients or their clients’ causes as a result of discharging their professional functions.
The UN Basic Principles on the Role of Lawyers further require governments to ensure that lawyers “are able to preform all of their professional functions without intimidation, hindrance, harassment or improper interference” (Principle 16).
The case also gives rise to concerns regarding respect for the right to a fair trial protected by Article 14 of the International Covenant of Civil and Political Rights, to which Tajikistan is a party.
“These attacks continue a wave of arrests and charges against lawyers in Tajikistan,” said Pillay.
“They create a chilling effect on the proper exercise of professional duties by other members of the legal profession, endangering the right to a fair trial and undermining the justice system,” she added. “The ICJ therefore calls on the Government to take urgent measures to prevent further such attacks on lawyers.”
Contact:
Róisín Pillay, Director, ICJ Europe and CIS Programme, t: +32 2 734 84 46; e: roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, ICJ Europe and CIS Programme, t: +41 22 979 38 32; e: temur.shakirov(a)icj.org
Additional Information:
Buzurgmehr Yorov was arrested on 28 September 2015 and initially changed with fraud. Other charges were added later during his pre-trial detention. He was sentenced to 23 years imprisonment on charges of incitement to national, racial, local or religious feud (Article 189 of the Criminal Code (CC)), fraud (Article 247 of the CC), public calls to a violent change of the constitutional order (Article 307 of the CC), public calls to conduct extremist activity (Article 3071 of the CC), forgery, production or sale of forged documents, state awards, stamps, forms (Article 340 of the CC).
Nuriddin Makhkamov was arrested on 22 October 2015. He was initially charged with fraud. Further charges were added during his pre-trial detention. He was convicted on charges including incitement to national, racial, local or religious feud (Article 189 of the CC), fraud (Article 247 of the CC), public calls to a violent change of the constitutional order (Article 307 of the CC), public calls to conduct extremist activity (Article 3071 of the CC).
The IRPT was found to be a terrorist organization by the Supreme Court of Tajikistan in 2015 and banned. Its leaders received long prison sentences in closed trials on charges of terrorism, extremism and attempts to overthrow the constitutional order.
A number of other prominent lawyers have been arrested and convicted in Tajikistan since 2014. Some have been released, others remain in detention, including Shukhrat Kudratov, the lawyer of the former Minister of Energy Zaid Saidov, convicted on fraud and bribery charges in 2015.
tajikistan-yorov-makhkamov-news-web-story-2016-rus (full text in Russian, PDF)
