Jun 22, 2016
In a briefing paper published today, the ICJ explained the legal issues and political context of the case against Colonel Kumar Lama, a Nepali Army officer.
Earlier this month, Colonel Lama’s trial on allegations of torture of two Nepali detainees in 2005 resumed in the United Kingdom.
“This case is one of the all too rare occasions when the principle of universal jurisdiction has been applied in judicial procedures in the UK, if not the world over,” said Sam Zarifi, ICJ’s Asia Director. “The decision will have far reaching implications, not only for the victims in this case but for all victims of torture and other serious abuses around the world seeking justice.”
In January 2013, the UK exercised a form of “universal jurisdiction” to charge Colonel Lama on two counts of committing torture under Section 134(1) of the Criminal Justice Act, 1988.
The charges are based on allegations that Colonel Lama was involved in the torture of two Nepali detainees in 2005, at the height of Nepal’s decade-long internal armed conflict. Colonel Lama’s trial began in February 2015 in London. After a few weeks, however, the trial was adjourned because there were problems with interpretation in court. The trial began afresh earlier this month.
The briefing paper addresses questions around the charges against Colonel Lama; the political context in Nepal when the acts of torture allegedly happened; the principle of “universal jurisdiction”; and procedural questions around such trials in the UK.
“The case comes at a time when an agreement between the ruling parties in Nepal is threatening to entrench impunity for those who planned and carried out unlawful killings, enforced disappearances, torture and ill-treatment, and other serious crimes in Nepal’s civil war,” added Zarifi.
“It is an important and long overdue opportunity to challenge the systemic impunity for conflict-era human rights abuses in Nepal.”
Contact
Sam Zarifi, ICJ Asia-Pacific Director, t: +66-807-819-002; e: sam.zarifi(a)icj.org
Nepal-Lama Q&A-Advocacy-2016-ENG (full paper in PDF)
Jun 22, 2016 | Advocacy
The ICJ and other human rights groups issued a joint statement on the 10th anniversary of the Optional Protocol to the Convention against Torture.
It can be downloaded here: Universal-OPCAT+10 Joint Statement-Advocacy-2016-ENG (full text in PDF)
Jun 21, 2016 | News
The ICJ urged the diplomatic community in Myanmar to assist, and assess, the new government’s efforts to improve the protection and promotion of human rights in the country at a diplomatic dialogue today.
The ICJ shared its 14 General Recommendations to the new Government and Parliament, with ambassadors and high-level diplomatic representatives, and discussed specific, actionable recommendations to the Government to effectively address human rights violations immediately and in the long term and to provide redress to those whose rights have been violated.
Access to justice for victims of human rights violations has been severely curbed in Myanmar during decades of military rule.
Most of the population has been consistently denied access to the courts and effective remedies as a result of unfair and discriminatory laws and poor court decisions.
With an improper regulatory regime for investment and environmental protection, and an ineffective judiciary to enforce laws and provide access to justice, economic development has risked undermining human rights protection and negatively impacting on economic, social and cultural rights.
Vani Sathisan, ICJ’s International Legal Adviser for Myanmar, stated that while the new government is more receptive than its predecessor to international human rights laws and standards, it should urgently establish a clear plan on strengthening rule of law reform and that all legislation must be guided by the principles of non-discrimination, greater accountability, transparency and justice.
Among the key recommendations the ICJ shared are:
- Supporting the committing of resources to the judiciary as well as the Attorney General’s Office to improve the state of legal education, court facilities, and safeguards to prosecutors to undertake investigations independently;
- Pushing for the passage of new land laws in consultation with civil society modeled on international standards and best practices;
- Ensuring that a new investment law conforms to the new land law that protects all forms of land tenure and provides access to justice when human rights occur;
- Seeking more clarity on the Government’s ability to monitor and regulate the conduct of businesses and their impacts on human rights;
- Supporting and strengthening the capacity of the Myanmar National Human Rights Commission to undertake investigations on human rights violations independently and impartially;
- Repealing or amending laws that are abused to violate the right to freedom of expression and opinion; and
- Encouraging the Government to consult and engage more closely with civil society and the international human rights community.
The diplomatic dialogue aimed to provide the international human rights organizations with an opportunity to clarify their various policy guidelines and provide updates to assist the diplomatic community with their multilateral lobbying efforts in Myanmar with the Executive, Legislative and Judiciary, and civil society.
The Embassy of Denmark hosted the event. Members of the diplomatic community included those from the EU, UK, Canada, Denmark, Sweden, Finland, Australia, The Philippines and Bangladesh.
The ICJ was joined in a panel by the Office of the High Commissioner for Human Rights and Human Rights Watch.
May 31, 2016 | News
Myanmar’s Supreme Court engages in 2nd High Level Dialogue with the ICJ on Drafting and Implementing a New Judicial Code of Ethics and Accountability.
The ICJ, the United Nations Development Program and the Office of the Supreme Court of the Union (OSCU) held a High Level Dialogue on “Implementing a Code of Judicial Ethics” in Nay Pyi Taw on 30-31 May 2016.
This dialogue followed a commitment by the OSCU to draft a code and to ensure it is informed by and implemented in accordance with international best practice. The OSCU’s Judicial Ethics Review Committee, Supreme Court and High Court Judges and other senior court administrators participated in the dialogue.
Building on the previous dialogue’s focus on the contents of a code of ethics, the participants and their international counterparts from the ICJ and UNDP discussed international standards for accountability and implementation mechanisms to accompany a code of ethics.
In opening the dialogue, the Honourable Supreme Court Justice of the Union, U Mya Thien explained that the new code reflected international standards and would enhance public trust and promote accountability in the Judiciary.
In his opening remarks, ICJ Commissioner and Justice of the Supreme Court of South Africa, Azhar Cachalia, explained the importance of the code as a basis for legitimacy and independence.
He stressed that the judiciary must become accountable to the public.
“Myanmar has an historic opportunity to make decisions that will shape the judiciary for generations to come,” he said.
During the dialogue, the UNDP’s Elodie Beth outlined research on regional judicial accountability and its lessons for Myanmar.
Sam Zarifi, the ICJ’s Regional Director shared experience and international standards on implementing a code of ethics Zarifi explained that “in order for it to be effective, the Supreme Court must establish mechanisms and institutions to hold judges accountable to the code of ethics.”
All participants agreed that implementing a proper code of ethics would strengthen the accountability and independence of Myanmar’s judiciary.
Both the UNDP and the ICJ congratulated the OSCU for following its Strategic Plan for 2015-2018 and engaging in a dialogue designed to further this process.
Both expressed willingness to continue working with Myanmar’s judiciary on the issues of judicial independence, the rule of law and human rights.
May 30, 2016 | News
The ICJ commends the victims of the former Chadian president Hissene Habre for their relentless pursuit of justice that resulted in Habre’s conviction of crimes against humanity.
Today Hissene Habre (photo) was convicted for the murders, summary executions and torture of over 40,000 people, which were committed during his rule from 1982-1990 until he was deposed by the current president Idriss Deby Itno.
For over two decades victims and survivors groups have been campaigning with human rights organizations for an end to the lack of accountability and impunity that enabled Habre to spend years in exile before prosecution.
Speaking after the handing down of the judgement by the Extraordinary African Chambers, Wilder Tayler, ICJ’s Secretary General, reminded the African Union of the “need to enhance effectiveness of the African Court on Human and Peoples’ Rights to ensure that crimes against humanity can be addressed in a timely way that ensures the provision of remedies to victims of human rights violations.”
Further, Tayler urged other countries that have housed war criminals to reconsider their attitude towards international human rights and criminal law, and to ensure that international jurisdiction and prosecution requirements to end impunity are met.
In conclusion, the Secretary General, expressed his hope that “this event mark the beginning of the end of the African continent being perceived as an epicentre of impunity.”
Contact
Arnold Tsunga, ICJ Regional Director for Africa, t: +27 73 131 8411, e: arnold.tsunga(a)icj.org
