Jul 10, 2020 | Advocacy, News, Non-legal submissions
Today, the ICJ submitted a report to the UN Human Rights Council Working Group on the Universal Periodic Review (UPR) ahead of the review of Myanmar’s human rights record in January-February 2021.
The ICJ stressed the lack of accountability and redress for victims – and the resulting continued culture of impunity – for widespread gross human rights violations constituting crimes under international law in Myanmar, particularly those involving members of Myanmar’s Defence Services.
Certain provisions under the 2008 Myanmar Constitution as well as national laws such as the 1959 Defence Services Act and 1995 Myanmar Police Force Maintenance of Discipline Law shield security forces from public criminal prosecutions in civilian courts. Closed court martial proceedings also deny victims and their families the right to truth about human rights violations.
The Myanmar National Human Rights Commission (MNHRC), Myanmar’s national human rights institution with the mandate to investigate allegations of human rights violations, has not initiated any substantive or credible investigation into allegations of widespread and systematic human rights violations perpetrated in recent years by soldiers against persons from ethnic minorities, despite being recorded in detail in the reports of the UN Independent International Fact-Finding Mission on Myanmar and the UN Special Rapporteur on the situation of human rights in Myanmar.
Rather than strengthen the role of civilian courts and the MNHRC, Myanmar has set up ad hoc commissions of inquiry to investigate such incidents. However, these inquiries have a recommendatory mandate and an unclear relationship with the judiciary. The full report of the findings of these commissions are generally not publicly disclosed. Against this backdrop, Myanmar has ceased cooperation with the UN Special Rapporteur for Myanmar and rejected other UN and international accountability mandates.
In light of this, the ICJ recommended the following actions, among others:
- For the MNHRC to investigate all allegations of gross human rights violations, especially including crimes under international law;
- For the Parliament to repeal or amend the 1959 Defence Services Act to bring it in line with international human rights law and standards and ensure that gross human rights violations and serious international humanitarian law violations perpetrated by soldiers can only be prosecuted in civilian courts;
- For the Union Government to publish the full report of the findings of ad hoc commissions of inquiry, such as that of the Independent Commission of Enquiry;
- For the Union Government to issue an open invitation to and cooperate with the Special Rapporteur on the situation of human rights in Myanmar, the Office of the High Commissioner for Human Rights as well as the UN Independent Investigative Mechanism on Myanmar; and
- For the Union Government to cooperate with the International Criminal Court.
The ICJ also called for Myanmar to become a party to key human rights treaties, such as the International Covenant on Civil and Political Rights, that the State committed – yet failed – to accede to in its previous UPR cycle.
Download
Myanmar-UPR-Submission-2020-ENG (PDF)
Contact
Jenny Domino, ICJ Associate Legal Adviser, e: jenny.domino@icj.org
Kingsley Abbott, Coordinator of the ICJ’s Global Accountability Initiative, e: kingsley.abbott(a)icj.org
Jul 9, 2020
In a briefing paper published today, the ICJ called on the Libyan authorities to act to amend the country’s transitional justice law in order to allow it to serve its purpose in facilitating accountability, truth and reparation for past and ongoing gross human rights violations committed in the country.
To date, transitional justice in Libya has not been implemented due to the entrenched political instability and ongoing armed conflict.
International support for the transitional justice process has recently been expressed in the Berlin Conference Conclusions on 19 January 2020, endorsed by UN Security Council Resolution 2510 (2020).
“Reconciliation in the country won’t be achieved unless accountability for gross human rights violations and justice to victims are guaranteed,” said Said Benarbia, the ICJ’s MENA Programme Director.
“To achieve these objectives, the transitional justice framework must be fully reviewed to conform to Libya’s obligations under international law.”
This framework, particularly Law No. 29 of 2013, fails to provide for jurisdiction over crimes under international law, including enforced disappearance, rape and other forms of sexual violence, war crimes and crimes against humanity. It also fails to ensure that legal measures historically used by States to foster impunity – such as amnesties, immunities and statutory limitations – cannot apply to prosecutions for these crimes.
The independence, impartiality and competence of the Fact-Finding and Reconciliation Commission, established under the Law to conduct fact-finding into gross human rights violations and award reparations to victims, is not adequately guaranteed. The scope of its mandate is not sufficiently clear and its investigative powers are too weak to serve its purpose.
Law No. 29 of 2013 does not also adequately ensure the right to truth or lay the foundations for the public participation in, and the transparency of, the transitional justice process.
The Law also fails to provide for access to effective remedies and full and adequate reparations to victims of gross human rights violations or abuses, and their next of kin.
“Transitional justice in Libya must live up to the expectations of victims and their families,” said Kate Vigneswaran, the ICJ’s MENA Programme Senior Legal Adviser.
“Libyans have the right to know the complete truth regarding all gross human rights violations perpetrated in Libya, and victims must be guaranteed full redress for the harm suffered.”
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Kate Vigneswaran, Senior Legal Adviser, ICJ Middle East and North Africa Programme, t: +31-62-489-4664; e: kate.vigneswaran(a)icj.org
Download
Libya-Transitional justice-Publications-Reports-thematic report-2020-ENG (full report, in PDF)
Libya-Transitional justice-Publications-Reports-thematic report-2020-ARA (full report in Arabic, PDF)
Jul 9, 2020 | News
Today, in advance of the fourth anniversary of the killing of prominent political commentator and human rights defender Kem Ley, the ICJ and 29 other organizations called on Cambodian authorities to create an independent Commission of Inquiry to conduct an effective and impartial investigation that is long overdue into Kem Ley’s death.
The organizations further urged Cambodian authorities to cease intimidation and harassment of persons peacefully commemorating his passing.
On 10 July 2016, Kem Ley was shot and killed at a petrol station in central Phnom Penh. Without conducting a prompt, thorough, and independent investigation, and following a half-day trial which was widely criticized for failure to meet international fair trial standards, in March 2017, Oeuth Ang was found guilty of the murder of Kem Ley and sentenced to life imprisonment.
Since 2016, many international and domestic human rights organizations have consistently called on the Cambodian government to set up an independent Commission of Inquiry to conduct a prompt, impartial, and effective investigation into this killing, with emphasis on examining the potential criminal responsibility of persons other than the direct perpetrator, in line with international standards set out in the International Covenant on Civil and Political Rights (ICCPR).
The UN Principles on the Effective Prevention and Investigation of Extralegal, Arbitrary and Summary Executions as well as the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death reinforce the duty of governments to investigate unlawful deaths and to establish an independent commission of inquiry when states, like Cambodia, lack effective procedures to conduct such an investigation in accordance with international standards.
The Cambodian government, has to date, failed to take any steps towards the establishment of such an independent and impartial investigative body. Given the government’s unwillingness to conduct an independent investigation into Kem Ley’s killing, and civil society’s highly warranted lack of trust and confidence in Cambodia’s justice system which lacks the requisite levels of independence to adjudicate cases involving public officials, this body should be established under the auspices of the United Nations and composed of independent experts.
Following the killing of Kem Ley, the Cambodian authorities have continually monitored, harassed, and ultimately disrupted and prohibited planned anniversary memorials of his death. These actions constitute arbitrary restrictions on the rights to freedom of expression and peaceful assembly. The organizations condemned such attempts to stifle free speech and reiterated their call to the Cambodian government to stop such harassment.
The joint statement is available here.
Contact
Frederick Rawski, ICJ Asia and Pacific Regional Director, frederick.rawski(a)icj.org
See also
ICJ, ‘Cambodia: three years and still no effective investigation into Dr. Kem Ley’s killing’, 9 July 2019
ICJ, ‘Cambodia: Commission of Inquiry into killing of Kem Ley should be established without further delay’, 9 July 2018
ICJ, ‘Cambodia: request to create a commission of inquiry into the killing of Kem Ley’, 7 July 2017
ICJ, ‘Cambodia: Kem Ley’s killing demands immediate credible and impartial investigation’, 13 July 2016
Jun 30, 2020 | Advocacy, Non-legal submissions
Speaking at the UN Human Rights Council today, the ICJ urged action on longstanding and pervasive impunity for human rights violations in the Philippines and highlighted new threats posed by a pending new counter-terrorism law.
The oral statement, delivered in an interactive debate on the human rights situation in the Philippines based on a report prepared by the High Commissioner for Human Rights, read as follows:
“Madame President,
The International Commission of Jurists (ICJ) concurs with the High Commissioner’s finding that overemphasis by the Government of the Philippines on national security and public order has led to serious human rights violations (A/HRC/44/22, para 12). Such violations will only increase if the draft Anti-Terrorism Act is approved and implemented.
The draft law would, for example, allows detention without judicial warrant for up to twenty-four days. Such prolonged pretrial detention without judicial review This is inconsistent with the prohibition of arbitrary detention under the International Covenant on Civil and Political Rights (ICCPR), and the right under the ICCPR of anyone arrested or detained on criminal grounds to be brought promptly before a judge. The Human Rights Committee has stressed that such judicial control of initial detention periods is not only essential to guarantee the right to liberty but also to prevent torture, other ill-treatment, and enforced disappearance.
In line with both the High Commissioner’s report and the 25 June 2020 statement by a large number of Special Procedures, the ICJ urges the Government of the Philippines to accept the findings and recommendations and rapidly implement corrective measures, in cooperation with the OHCHR, civil society, and the Commission on Human Rights, and to abandon or fundamentally revise the draft Anti-Terror Law. In the absence of clear, effective and measurable progress on accountability at the national level, this Council must stand ready to establish an independent international investigation (para 88(iii)).
Thank you.”
Jun 26, 2020 | News
On the occasion of the International Day in Support of Victims of Torture, the ICJ, Advocacy Forum (AF) and Terai Human Rights Defenders Alliance (THRD Alliance) voiced concerns about the near total failure by authorities to investigate and prosecute acts of torture in Nepal.
Nearly two years after provisions in the new Penal Code that criminalized torture came into effect, not a single torture prosecution appears to have been brought. There have also been very few instances in which victims have received an effective remedy and reparation for their ill-treatment. Nepal has failed to meet its obligations in this regard under article 2(3) of the International Covenant of Civil and Political Rights and article 14 of the Convention Against Torture.
“Nepal has an obligation under international law to hold perpetrators accountable for acts of torture and cruel, inhuman or degrading treatment. This includes obligations as a party to the Convention Against Torture and the international Covenant on Civil and Political Rights,” said Frederick Rawski, ICJ Asia-Pacific Director. “It is disturbing to see that two years after the rightfully celebrated Penal Code provisions criminalizing torture have come into effect, the government has yet to successfully prosecute any acts of torture, which by all accounts continue to occur on a frequent basis.”
The Advocacy Forum and THRD Alliance both published reports today that document instances of torture and other ill-treatment against detainees over the past year. Some 20 percent of the more than 1000 detainees interviewed reported some form of unlawful ill-treatment during confinement.
“Although in some locations there appears to be some improvement in the treatment of detainees, torture and ill-treatment remains far too prevalent,” said Om Prakash Sen Thakuri, Advocacy Forum Executive Director. “Police still continue to rely on “confessions”, typically obtained by ill-treatment or coercion during interrogation, as opposed to conducting proper investigations. Our police institutions need serious reform to ensure that investigative practices conform to international law and standards.”
In a separate report analyzing the obstacles faced by victims in seeking justice for torture and ill-treatment, the THRD Alliance documented the complex challenges faced by torture survivors seeking accountability in the formal justice system. These obstacles included a frequently refusal by police to file a First Information Report on allegations of ill-treatment, statutes of limitation preventing cases from being prosecuted, and a lack of independence of police investigations in the rare cases when they do move forward.
“Despite repeated public commitments by justice sector and human rights institutions, such as the National Human Rights Commission and the Office of the Attorney General, torture survivors still struggle to have their voices heard or have their cases addressed,” said Mohan Karna, Executive Director of the THRD Alliance. “We urge the authorities at both the federal and provincial levels to take action to address the concerns of victims and to institute policies – such as establishing robust detention monitoring and internal accountability mechanisms – that will deter future acts of torture and ill-treatment.”
On the occasion of the International Day in Support of Victims of Torture, the three organizations urged the Government of Nepal to:
- Carry out prompt, thorough, impartial and effective investigations into all allegations of torture and ill-treatment, and to bring prosecutions where warranted under the criminal provisions of the Penal Code.
- Institute structural reform within the police including the establishment of a separate and independent mechanism to investigate allegations of torture and ill-treatment involving police personnel.
- Ensure public availability statistics on the investigation, prosecution and other action taken in response to allegations of torture and ill-treatment.
- Amend the Penal Code and other relevant provisions of law to eliminate the statute of limitations in torture cases, and to ensure that the definition of torture is in line with international law.
- Establish an independent preventative mechanism for monitoring of detention centers.
- Become party to the Optional Protocol of the Convention on Torture
Background
International Day in Support of Victims of Torture is marked worldwide on 26 June every year. Under the International Covenant on Civil and Political Rights (ICCPR) and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), to which by Nepal is a party, the authorities to investigate, prosecute, punish and provide effective remedies and reparation for the crimes of torture and other acts of ill-treatment.
The Penal Code criminalizing torture came into force in August 2018. While it was welcome as positive step, the provisions fall short of international standards in a number of respects, including failure to recognize the continuous nature of the crime of enforced disappearance or its status as a crime against humanity; an unacceptably brief six-month limitation period to file complaints; and penalties incommensurate with the gravity of the crimes.
Download
Nepali (PDF)
English (PDF)
Contact
Frederick Rawski, ICJ Asia-Pacific Director, e: frederick.rawski@icj.org, t: +66 644781121
Om Prakash Shen Thakuri, AF, Executive Director, e: opsenthakuri@gmail.com, t: +977 9841275732
Mohan Karna, THRD Alliance, Executive Director, e: karnamohan90@gmail.com, t: +977 9841449139
