On 31 October the ICJ is co-sponsoring a side event with the Permanent Mission of France on “Respect the right not to be disappeared – Universal accession and implementation of the Convention against disappearances”.
This parallel event to the session of the Committee on Enforced Disappearance and the Working Group on Enforced and Involuntary Disappearances will take place at the Palais des Nations in Geneva, Room XII, from 1 to 3 PM (13.00-15.00).
During a half-day of general discussion held today by the Human Rights Committee, the ICJ supported the establishment by the Committee of a General Comment on the right to security and liberty of the person under article 9 of the International Covenant on Civil and Political Rights (ICCPR).
As an update to its General Comment No 8 of 1982, the Human Rights Committee (the Committee) has commenced a process to develop a new General Comment on article 9 of the ICCPR. Responding to a list of issues prepared by the Committee for potential expansion within the General Comment, the ICJ supported the initiative and called for clarification of certain issues in this work.
The ICJ’s submission and statement also called on the Committee to give express consideration to the following thematic issues within the General Comment:
The meaning of ‘arbitrary’ deprivation of liberty;
Application of article 9 in international and non-international armed conflicts, including in the context of administrative detention;
Control orders and other mechanisms involving restrictions of movement and the extent to which such mechanisms might interfere with liberty rights;
Detention of asylum-seekers and irregular migrants; and
The role and accountability of legal entities.
The Committee is scheduled to consider and adopt a first draft of the General Comment during its session in March 2013. The ICJ intends to make substantive submissions on this first draft.
In an interactive dialogue with representatives of its government, the ICJ called on India to accept recommendations to expedite the ratification of the UN Convention against Torture and its Optional Protocol. Watch the webcast.
The ICJ delivered its statement today during the adoption by the UN Human Rights Council of the Universal Periodic Review outcome document on India, during the course of the 21st regular session of the Council.
During the 21st session of the UN Human Rights Council (10-28 September 2012), the ICJ and the Geneva Academy of International Humanitarian Law and Human Rights will convene a high-level discussion on ensuring human dignity during detention.
The parallel event will be held in the Palais des Nations in meeting room XXI on Tuesday 25 September 2012 from 14h to 16h.
The event will discuss the need and options for an international instrument clarifying and enhancing the human right legal framework applicable to persons in detention. Panelists include Professor Manfred Nowak, former Special Rapporteur on torture and former member of the Working Group on enforced disappearances; Judge Theodor Meron, Judge on the Appeals Chambers of the ICTY and ICTR; Professor Shaheen Sardar Ali, Vice-Chair of the Working Group on arbitrary detention; and Ian Seiderman, Law and Policy Director of the ICJ. The event will be moderated by Hina Jilani, member of the Panel on Human Dignity and Advocate of the Supreme Court of Pakistan.
The event is open to all persons with access to the Palais des Nations.
The ICJ calls upon the Bahraini authorities to immediately and unconditionally release 13 human rights defenders and political activists convicted by the Criminal Court of Appeal in Bahrain.
On 4 September 2012, they were convicted on charges relating to “conspiracy to overthrow the government”, “espionage” and “violation of the Constitution”. The sentences against the defendants ranged from 5 years to life imprisonment.
The ruling of the Criminal Court of Appeal upheld the convictions and sentences of the detainees handed down last year by the National Safety Court and the National Safety Court of Appeal, two exceptional military courts established under the royal decree of 15 March 2011, which declared the “state of emergency”. On 30 April 2012, the Bahraini Cassation Court ordered their retrial before a civilian court.
“The retrial by the Criminal Court of Appeal failed to remedy the failures of the original trials and to meet international standards of fair trial, including the right to be presumed innocent and to equality of arms. The Prosecution failed to provide any credible evidence against these detainees and their right to defence has been severely undermined at all stages of the proceedings,” said Said Benarbia, Senior Legal Adviser of the ICJ Middle East and North Africa Programme. “The retrial relied heavily on the findings of the first two trials, including “confessions” that the defendants claimed were obtained through torture and other ill-treatment.”
The Bahraini authorities should ensure that these allegations of torture and ill-treatment are promptly, independently and effectively investigated.
The Bahraini authorities should also ensure that the rights of human rights defenders and political activists to freedom of expression, association, and assembly are fully respected.
“Instead of subjecting these defenders and activists to various forms of harassment, intimidation and unfair trials, the Bahraini authorities should initiate comprehensive, meaningful and lasting constitutional and legal reforms that establish the rule of law and that fully protect the rights of Bahrainis to take part in the conduct of public affairs and to choose the form of their government,” Benarbia added.
For more information:
Saïd Benarbia, Middle East & North Africa Senior Legal Adviser, ICJ, t +41 22 979 3817; e-mail: said.benarbia(at)icj.org
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On 31 October the ICJ is co-sponsoring a side event with the Permanent Mission of France on “Respect the right not to be disappeared – Universal accession and implementation of the Convention against disappearances”.
