Nov 7, 2015 | News
The ICJ, Lawyers for Human Rights Swaziland (LHR(S), Lawyers for Human Rights South Africa (LHR), and Southern Africa Litigation Centre (SALC) organized a training on strategic litigation for lawyers and human rights defenders from 6-7 November 2015 in Ezulwini.
The training was intended to empower Swazi lawyers and human rights defenders with tools for legal empowerment through litigation.
Further the training provided an opportunity for introducing the participants to international, regional and domestic mechanisms for strategic litigation and analysis of strategic litigation cases, opportunities and challenges in Swaziland.
Participants were drawn from different private law firms, human rights organisations, and the office of the Attorney General and women’s rights organisations.
To nurture regional peer learning and approaches the President of the Law Society of Lesotho Advocate Shale gave the key note presentation borrowing on lessons from other regions and Lesotho.
Resources persons included David Cote (LHR), Caroline James (SALC), Otto Saki (ICJ) and Thabiso Mavuso (Swaziland).
The expected impact is that increasingly lawyers and human rights defenders will take up strategic litigation as part of contributing to the achievement of systemic change and positive enforcement of fundamental rights and freedoms.
This training was held with the generous support of the European Union (EU) through the EU Delegation to Swaziland.
Contact:
Arnold Tsunga, ICJ Regional Director for Africa, t: +27 73 131 8411, e: arnold.tsunga(a)icj.org
Mandla Mkhwanazi LHR Swaziland Chairperson, t: +268 7602 6320, e: m.z.mkhwanazi(a)swazi.net
Caroline James, Lawyer, Southern Africa Litigation Centre t: 27 72 200 1813, e: CarolineJ(a)salc.org.za
David Cote, Programme Manager: Strategic Litigation Programme, LHR (South Africa) t: +27 11 339 1960, e: david(a)lhr.org.za
Oct 15, 2015 | News
La CIJ, durante la misión de su Comisionado José Antonio Martín Pallín al país, ha constatado que la trascendencia política y social de los asuntos que el Juez Miguel Ángel Gálvez está investigando, le ha ocasionado numerosos ataques injustificados desde diversos sectores de la sociedad guatemalteca.
Además, la CIJ recibió información que las y los jueces continúan siendo amenazados en el ejercicio de su independencia por la injerencia de la Corte Suprema de Justicia en funciones administrativas, relacionadas con el control del personal, especialmente en el traslado injustificado de jueces.
El Juez Miguel Ángel Gálvez (foto) ha afrontado riesgos de traslado en los últimos 6 meses.
La CIJ concluye que la actuación del Juez se ajusta a los principios internacionalmente admitidos del derecho al debido proceso y a las garantías de las y los sindicados.
La CIJ expresa su profunda preocupación por la acumulación excesiva de asuntos judiciales sobre el Juzgado de Competencia Ampliada del juez Gálvez, que hacen absolutamente imposible una actuación dentro de los plazos exigidos por la ley.
La CIJ demanda con toda firmeza que la Corte Suprema de Justicia tome medidas efectivas de apoyo al juzgado de Mayor Riesgo B, para que éste pueda concentrarse en la tramitación de los asuntos que verdaderamente preocupan en este momento a los ciudadanos y ciudadanas guatemaltecas, como por ejemplo el llamado Caso La Línea, el caso Sepur Zarco y el caso Siekavizza, entre otros.
La CIJ considera que ningún órgano judicial puede afrontar la pesada carga judicial a la que el Juez Gálvez tiene que hacer frente; cualquier demora en la tramitación de los asuntos pendientes ante su juzgado, no debe ser atribuida al juez Gálvez, sino a la inactividad de la Corte Suprema de Justicia, que no nombra a jueces de apoyo, que permitan tramitar las causas pendientes.
Oct 12, 2015 | News
In coordination with the Norwegian Judges’ Association and the Guatemalan Mayan Bar Association, the ICJ inaugurated today a two-day Conference in Guatemala City.
The Conference was inaugurated by Jan Gerhard Lassen (the Norwegian Ambassador for Guatemala), Josué Baquiax Baquiax (President of the Supreme Court ), ICJ Commissioner José Antonio Martín Pallín and Director of the ICJ in Central America, Ramón Cadena.
The main topics of discussion were the need to strengthen the judicial career, and associationism.
Guatemala currently has only one formal judge´s association, which was identified by the speakers at the Conference as not consistently acting in the best interests of independent judges, necessitating the creation of an alternative association.
In terms of the judicial career, judges from around the region discussed the changes necessary to the law in Guatemala to ensure that judges are protected from undue pressures coming from outside, and within the judiciary.
The Conference concludes tomorrow with a public forum which will showcase the results of two forthcoming ICJ studies on judicial independence and specialized justice.
Oct 4, 2015 | News
With support from the European Union (EU) and ICJ, the National Prosecuting Authority (NPA) held the first of two training of trainers in Bulawayo from 2-4 October 2015.
The training focused on regulations, code of ethics and prosecutorial guidelines and was attended by 50 senior prosecutors, senior law officers and office directors in attendance.
The participants are expected to then roll out the training at their various stations to cover the entire 500 women and men strong team of prosecutors.
Prior to adoption of the 2013 Constitution, prosecutors were supervised by the Attorney General under the Ministry of Justice.
Issues in respect of conduct, discipline, appointment, performance appraisal and other related conditions of service were dealt with through the line ministry and civil service commission.
The passage of the Constitution and the enactment of the NPA Act introduced the office of the Prosecutor General equally tasked with regulating the conduct of its staff through the NPA Board or any other delegated authority within the NPA.
The regulations and code of ethics were gazetted on 7 August 2015.
The code of ethics provides for the independence, integrity, propriety, impartiality, political engagement, competence and diligence of prosecutors in Zimbabwe.
The Prosecutor General also developed prosecutorial guidelines as mandated by the Constitution and the NPA Act on the institution of and conducting of criminal proceedings.
The objectives of the training were to equip senior officials with skills to conduct trainings for middle and lower officers to ensure greater compliance with the requirements of the new constitution of Zimbabwe; to familiarize senior officials on the regulations and code of conduct to ensure greater compliance with the requirements of the new constitution of Zimbabwe and to familiarize and train senior officials on the application of prosecutorial guidelines consistent with the requirements of the new constitution of Zimbabwe.
Following the completion of the trainings, the ICJ and NPA will conduct routine and random visits to different stations for purposes of observing the implementation, roll out of trainings and spot checks.
Remote support will also be provided in terms of statutes, such as the NPA Act, the regulations and code of ethics.
Further work is being explored to produce an updated prosecutor’s handbook that covers issues of prosecutorial conduct, ethics and guidelines.
Contact
Arnold Tsunga, ICJ Regional Director for Africa, t: +27 73 131 8411, e: arnold.tsunga(a)icj.org
Oct 2, 2015 | News
The ICJ is concerned at the recent disbarment of lawyer Andriy Vishnevsky, Director of the Coordination Centre of Legal Aid of the Ministry of Justice of Ukraine.
The ICJ considers that his disbarment, which resulted from his public comments critical of the Ukrainian bar association, interferes with his capacity to freely discharge his professional functions as a lawyer.
Furthermore, it constitutes a violation of his right to freedom of expression, and risks unduly constraining lawyers in legitimate participation in public debate.
The ICJ calls on the Ukrainian bar association to reinstate Andriy Vishnevsky to the bar so that he can resume his status as an accredited lawyer.
Andriy Vishnevky was disbarred on 10 September, following a hearing before the Qualification-Disciplinary Commission of Kiev Region Advokatura. Disciplinary proceedings were initiated based on two separate complaints: one submitted by the Ukrainian national bar association on 24 June 2015; and the other by Ukrainian Parliament Member Rybalka S.V. on 22 June 2015.
The complainants alleged that Andriy Vishnevsky “humiliated the bar, every lawyer, destroyed respect of the society to the bar in the State, in contradiction with the European standards”.
They cited his comments made at a conference on 15 June 2015 at the premises of the Supreme Court of Ukraine, where he presented his report “The bar and free legal aid: approaches to the reform”.
He made a number of comments critical of the legal profession.
These included his assessment that the bar association was “in a dire state”; a reference to “low ethical standards and professional level of the bar”, including that lawyers are “the main corruption element”; and a claim that “the phenomenon of police lawyers is not counteracted by the national bar association and not commented upon in any way”.
The decision quoted him as saying that “if the bar is not reformed as soon as possible in accordance with the principles and standards of the Council of Europe, it can become a hindrance to the implementation of the judicial reform”.
The Disciplinary Chamber came to the decision that the statements of Andriy Vishnevsky were contrary to the law and the Code of Lawyers’ Ethics and that he should therefore be disbarred for the statements made during the conference.
The ICJ considers the Chamber’s decision to contravene fundamental and universal principles on the independence of the legal profession.
If applied generally, this interpretation of the Code of Ethics would effectively prevent lawyers from critically debating the governance of the legal profession.
The UN Basic Principles on the Role of Lawyers provide that while lawyers should “maintain the honour and dignity of their profession as essential agents of justice” they, like other persons, “shall 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.”
The right to freedom of expression is protected in international human rights law, including the International Covenant on Civil and Political rights and the European Convention on Human Rights, treaties to which Ukraine is a party.
Under the European Convention on Human Rights, where matters of public interest are discussed there is a particularly narrow scope for restriction of freedom of expression.
Disciplinary action against a lawyer, solely on the grounds of comments critical of the bar association, made at a conference convened to debate aspects of the justice system, amounts to an illegitimate interference with freedom of expression.
The ICJ is concerned that such punitive measures are likely to have a chilling effect on freedom of expression of lawyers in Ukraine and in particular on their ability to engage in debate on reform of the justice system.
It is important, for any justice system, that such debate take place with the active participation of the legal profession, as lawyers are amongst those best placed to identify and criticize the deficiencies of the justice system and make informed proposals for reform.
The ICJ calls on the Ukrainian bar association to reinstate Andriy Vishnevsky as a lawyer.
Furthermore, the ICJ recommends that the interpretation of the Code of Ethics should be reviewed and guidance should be issued to ensure that the Code of Ethics is not applied to stifle public debate among lawyers on ways to reform the justice system in Ukraine.
Contact:
Róisín Pillay, Director, Europe Programme, roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, Europe Programme, temur.shakirov(a)icj.org
The full statement with background information can be downloaded here:
Ukraine-Lawyer Vishnevsky statement-News-web story-2015-ENG (in PDF)
Ukraine-Lawyer Vishnevsky statement-News-web story-2015-UKR (Ukrainian version, in PDF)
