Apr 24, 2015 | News
The ICJ today called on the Egyptian authorities to ensure a prompt, impartial and effective investigation into the deaths of two lawyers, Imam Afifi and Karim Hamdi, who recently died while in police custody in Mataria police station.
The ICJ is deeply concerned that the deaths of Imam Afifi and Karim Hamdi while in police custody are part of a widespread and sustained campaign targeting hundreds of lawyers since 2013, including those defending political opponents of the regime and human rights activists, as well as lawyers exercising their rights to freedom of assembly and expression.
“The Egyptian authorities must effectively investigate and prosecute all those responsible for the alleged torture and death of Imam Afifi and Karim Hamdi while in police custody and must hold accountable any person responsible for wrongful conduct ,” said Said Benarbia, Director of the ICJ MENA Programme.
“The authorities must bring an end to their ongoing campaign of harassing and persecuting lawyers, including arbitrary arrests and prosecutions, for simply discharging their professional duties or for speaking out against human rights violations,” he added.
Under international standards, lawyers should be able to carry out their professional duties free from hindrance, intimidation, harassment or interference, says the ICJ.
They should not be identified with their clients or their clients’ causes or subject to arbitrary arrest and prosecutions as a result of the discharge of their functions.
Background:
On 10 April, Imam Afifi, a 63-year old lawyer, was assaulted and arrested in the Mataria neighborhood where a demonstration was taking place against the government.
He was detained in Mataria police station where he was allegedly subjected to torture, including a severe beating to his head.
On 11 April, he was transferred from the police station to Mataria hospital.
A medical report from the same day, to which the ICJ had access, indicates that Imam Afifi was admitted to the hospital with a massive trauma to the head. He died in hospital on 22 April.
On 22 February, another lawyer, Karim Hamdi, was arrested and questioned on suspicion of belonging to the Muslim Brotherhood, membership of which has been outlawed, and participating in an unauthorized demonstration against the government.
While in police custody in Mataria police station, he was reportedly severely beaten on his neck, chest and abdomen. He died two days later after being transferred to hospital.
Following a complaint by the Bar Association to the prosecutor’s office, two members of the National Security Agency were charged with torturing and murdering Karim Hamdi.
Additional information:
According to information available to the ICJ, attacks against lawyers since 2013 include the following:
On 23 April 2015, six lawyers were summoned for interrogation in relation to their participation in a demonstration on 9 March to protest against the death of Mr Karim Hamdi.
The lawyers also challenged the prosecutor’s decision to prohibit anyone from reporting on the investigation into Mr Hamdi’s case.
On 23 March 2015, human rights lawyer, Azza Soliman, was charged with breaching public order and security under the 2013 Demonstration Law after voluntarily providing testimony against police involved in the killing of Social People’s Alliance party activist, Shaimaa El Sabbagh, on 24 January 2015.
The Qasr El Nile Prosecution Office in Cairo subsequently changed her status from witness to defendant.
On 9 February 2015, a human rights lawyer, Ms Mahienour El Massry, was sentenced to two years imprisonment after she attended the El-Ramel police station in Alexandria, in March 2013, in order to defend demonstrators.
The charges against her included “insulting government employees in the performance of their duties”, “insulting representatives of the authorities” and “attempting to break into a police station”.
Three lawyers, Basma Zahran, Mahmoud Bilal and Oussama Al Mahdi, were referred for investigation, on 3 September 2014, for “disrupting and causing trouble” during trial proceedings for insisting that their client, the human rights activist Ahmed Douma, seated in a sound-proof glass cage, should be heard.
On 5 July 2013, Abdel Men’em Abdel Maqsoud was arrested while attempting to attend the interrogation of his clients, deputy Secretary General of the Muslim Brotherhood, Rachad Bayoumi, and Mohamed Saad Al Katanah.
He was detained before being released on bail on 2 September 2014.
Contact:
Alice Goodenough, Legal Adviser of the ICJ Middle East and North Africa Programme, t: 44 7815 570 834, e: alice.goodenough(a)icj.org
Nader Diab, Associate Legal Adviser of the ICJ Middle East and North Africa Programme, t: 41 229 793 804, e: nader.diab(a)icj.org
Egypt-Deaths of lawyers-News-Press release-2015-ARA (full text of Arabic version in PDF)
Apr 23, 2015 | News
The ICJ is concerned at the recent arrest of Swaziland High Court Judges Jacobus Annandale and Mpendulo Simelane, the High Court Registrar Fikile Nhlabatsi and the Minister of Justice Sibusiso Shongwe.
The four detainees appeared today before High Court Justice Qinisile Mabuza (photo).
Justice Minister Sibusiso Shongwe was denied bail and remains detained, while the other two High Court Judges and the registrar were released on bail.
The judges, registrar and Minister of Justice are all facing various charges related to corruption and obstructing the course of justice.
The ICJ is also aware that police are presently seeking to arrest Chief Justice Michael Ramodibedi, and that they have surrounded his place of residence.
The ICJ has received information alleging that the police have cut off the electricity and water and have actively prevented people from bringing food supplies to him and his family.
The ICJ urges the authorities in Swaziland to immediately investigate the situation of the Chief Justice and, if the allegations are substantiated, to immediately restore supply of essential services to the Chief Justices family, denied in violation of rights guaranteed under the Swaziland’s Constitution and its international legal obligations.
“The arrest and attempted arrest of several judges, and a High Court Registrar as in this case, invariably raises questions of separation of powers and the independence of the judiciary,” said Wilder Tayler Secretary General of the ICJ.
“The ICJ therefore calls on the authorities in Swaziland to conduct themselves with rigorous adherence to rule of law principles, the separation of powers between the executive and the judiciary. They must also do so with strict respect for international human rights law,” he added.
The ICJ emphasizes that the Chief Justice and the other judges are entitled as everyone else in Swaziland to freedom from arbitrary detention and the right to a fair trial guaranteed under international law.
These protections include the right to be informed the reasons for their arrest and the nature of any criminal charges, the right to representation by a lawyer of their choice and the right to be considered for bail if appropriate.
If no crime is alleged, but serious professional misconduct is suspected, then arrest and detention is inappropriate.
Additional information:
The ICJ has had longstanding concerns with the state of the independence of the judiciary and legal profession and the fair administration of the justice in Swaziland.
The ICJ has recently intervened in a case involving the conviction of prominent lawyer Thulani Maseko in an unfair trial.
For an ICJ analysis of the independence of the judiciary and legal profession in Swaziland, go here.
Contact:
Arnold Tsunga, Regional Director, ICJ’s Africa Programme, t: +27 731318411, e: arnold.tsunga(a)icj.org
Apr 20, 2015 | News
The ICJ is concerned at reports that a police official has purported to terminate a lawyer’s representation of a client against the client’s wishes, in violation of the right to fair trial and international standards on the independence and role of the legal profession.
A.J. Uchkempirov, the investigator of the City Department of Internal Affairs (the city police department) of Karakol City, reportedly issued a ruling removing lawyer Nurkyz Asanova from representation of her client, Mr Ishen Abdyrashev.
The ICJ is particularly concerned given that the removal of lawyer Asanova comes while she is representing Mr Abdyrashev in a case alleging that he was subjected to torture by police officers in detention, and subsequently detained at a police officer’s home and forced to carry out unpaid work for one and a half months.
On 29 December 2014, Ishen Abdyrashev, assisted by lawyer Asanova, complained about these events and a criminal investigation was initiated.
The investigation has now been completed and a criminal trial is underway.
On 3 April 2015, Abdrashev himself was charged with robbery, which he denies.
Lawyer Asanova also represents him in the robbery case.
On 14 April, investigator Uchkempirov issued a ruling purporting to remove her, despite Mr Abdyrashev’s opposition.
The purported basis for the ruling was that Lawyer Asanova was in some way interfering with the investigation of the case.
The investigator had no authority under Kyrgyz law to issue such a decision.
Under international standards, such a decision could in any event only be taken by an appropriately independent authority following a regular and fair procedure, which was clearly not the case here.
According to the UN Basic Principles on the Role of Lawyers, for instance, “[n]o court or administrative authority before whom the right to counsel is recognized shall refuse to recognize the right of a lawyer to appear before it for his or her client unless that lawyer has been disqualified in accordance with national law and practice and in conformity with these principles” (Article 19).
This is an important guarantee for the right under international law of every person to be represented by a lawyer of their own choice, as protected by the International Covenant on Civil and Political Rights and recognized by the Basic Principles.
The Principles also recognize, further to the right to fair trial under the Covenant, that it is the obligation of the government to guarantee that lawyers are able to pereform their functions without “intimidation, hindrance, harassment or improper interference” and that they are able to consult with their clients both within their own country and abroad.
The investigator’s decision should be declared void and lawyer Nurkyz Asanova’s right to represent, to communicate with and to visit her client, should be fully recognized and respected.
Furthermore, the authorities must take steps to ensure that there is no further unlawful interference with Ishen Abdyrashev’s right to the lawyer of his choice.
Kyrgysztan-Lawyer Asanova_statement-News-web story-2015-RUS (full text in PDF)
Apr 14, 2015 | News
The ICJ is deeply concerned over the decision of the High Judicial Council and the President of the Cairo Court of Appeal to investigate two judges with a view to referring them to the disciplinary Council.
Media reports have indicated that Assem Abdel Jabar, deputy president of the Cassation Court, and Hicham Raouf, a judge in Cairo’s Appeal Court, are being investigated over their individual participation, together with other leading lawyers and legal experts, in a workshop organized by an Egyptian organization, United Group, to discuss and propose new legislation on the prevention of torture.
According to information available to the ICJ, the two judges have so far not been formally notified of any charges against them and have received no information about the allegations on which they are based.
The actions against these judges continue a pattern of intimidation and attempted silencing of judges who are seen by authorities as not aligning themselves with government objectives.
The apparent investigation is only the latest in a string of cases where judges have been subject to arbitrary disciplinary proceedings for legitimately exercising their rights to freedom of expression and assembly.
On 14 March 2015, the Disciplinary Council forced 31 judges into retirement for signing a statement, on 24 July 2013, which criticized the “attack on the constitutional legitimacy and the ouster of the legitimate president that was elected”.
The disciplinary proceedings against these judges were marred with violations of due process rights.
The judges were not adequately informed of the date and location of the hearings, defence witnesses were not called and requests by the judges that the hearings be public were disregarded.
On 4 April 2015, a disciplinary hearing took place against Zakaria Abdelaziz, former president of Egypt’s Judges Club and one of the leading advocates for judicial independence in Egypt.
The charges alleged “involvement in politics” and “breaking into the State Security Building during a demonstration on 5 March 2011”.
According to information available to the ICJ, the case files were not made available to Zakaria Abdeaziz until the first hearing despite repeated requests to obtain them.
Under international human rights law and standards, judges are guaranteed the right to freedom of belief, association, assembly and expression, including by commenting on matters of public concern and matters pertaining to the rule of law and human rights situation in a country.
“Instead of subjecting judges to arbitrary proceedings for lawfully exercising their rights, the Egyptian authorities should stop its sustained campaign to muzzle judges who are seen as not friendly to the authorities,“ said Said Benarbia, Director of the ICJ MENA programme. “The Egyptian authorities must reinstate all judges who were removed from office solely for exercising their rights to freedom of expression and assembly and drop all charges against those currently subject to disciplinary proceedings for charges stemming from the exercise of these rights.”
Contact:
Alice Goodenough, Legal Adviser of the ICJ Middle East and North Africa Programme, t: +44 7815 570 834, e-mail: alice.goodenough(a)icj.org
Nader Diab, Associate Legal Adviser of the ICJ Middle East and North Africa Programme, t: +41 229 793 804, e-mail: nader.diab(a)icj.org
Egypt-Judges harassed-News-web story-2015-ARA (full text in PDF)
Apr 11, 2015 | News
The ICJ today condemned the execution of Muhammad Kamaruzzaman following an unfair trial. The ICJ repeated its call for the authorities in Bangladesh to institute an immediate moratorium on executions with a view to abolishing the death penalty in the country.
Muhammad Kamaruzzaman (photo), a senior leader of the Jamaat-e-Islami party, was hanged today in Dhaka Central jail.
He had been sentenced to death by the Bangladesh International Crimes Tribunal (ICT) in 2013 for his role in the atrocities committed during the 1971 war for independence in Bangladesh.
His conviction and sentence were confirmed on appeal in 2014.
The government established the ICT in 2010, after amending the International Crimes (Tribunals) Act 1973.
The ICT has jurisdiction to try crimes against humanity, crimes against peace, genocide, violations of the Geneva conventions and any other crimes under international law.
The ICJ has previously raised concerns that trials before the ICT do not comply with international standards for fair trials.
According to the ICJ, there are serious procedural flaws at all stages: pre-trial release has been routinely and arbitrarily denied; witnesses have been abducted and intimidated; and there have been credible allegations of collusion between the Government, prosecutors and judges.
“This execution constitutes a violation of the right to life and freedom from cruel, inhuman and degrading punishment,” said Sam Zarifi, the ICJ’s Director for Asia and the Pacific. “The fact that this execution was based on a trial that was procedurally and substantively flawed is all the more regrettable and a perversion of justice.”
On 6 April 2015, the Supreme Court rejected Muhammad Kamaruzzaman’s petition for a review of his sentence.
The UN High Commissioner for Human Rights has denounced the death sentence, noting that his review petition was summarily rejected without consideration on merits.
Government officials have reported that Muhammad Kamaruzzaman decided to not seek a presidential pardon for his sentence, following the rejection of his review petition.
After Abdul Qader Mollah in 2013, Kamaruzzaman is the second individual to be executed after being sentenced to death by the ICT.
“The ICJ supports the rights of all victims of the atrocities committed during the 1971 war for independence in Bangladesh to truth and justice. But the death penalty is not the answer,” Zarifi added. “Bangladesh should impose an official moratorium on the death penalty, with a view to abolishing it outright.”
The ICJ opposes capital punishment in all cases without exception. The death penalty constitutes a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.
In December 2014, the UN General Assembly adopted a resolution, for the fifth time since 2007, emphasizing that that the use of the death penalty undermines human dignity and calling on those countries that maintain the death penalty to establish a moratorium on its use with a view to its abolition.
A majority of 117 UN Member States voted in favor of a worldwide moratorium on executions as a step towards abolition of the death penalty, with only 37 opposed.
Contact:
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; email: sam.zarifi(a)icj.org
