Sep 26, 2019 | Events, News
Today, the International Commission of Jurists (ICJ) in cooperation with the Civil Society Coalition Against Torture and Impunity in Tajikistan and the Union of Lawyers of the Republic of Tajikistan hold the final event within the framework of its Global redress and accountability initiative.
This event presents an opportunity to discuss measures to prevent impunity and ensure accountability for the use of torture and cruel, inhuman and degrading treatment (CIDT) in Tajikistan.
The findings of the research on the key challenges for effective investigation of torture and CIDT, carried out by the Coalition Against Torture under the initiative, will be presented at the event. The ICJ will launch its compilation of the cases decided by the UN Human Rights Committee concerning allegations of torture in Tajikistan.
Background information:
The ICJ’s Global redress and accountability initiative focused on seven countries (Cambodia, Mozambique, Myanmar, Nepal, Tajikistan, Tunisia and Venezuela) and it aimed to combat impunity and promote redress for gross human rights violations.
It concentrates on the transformative role of the law, justice mechanisms and justice actors, seeking to achieve greater adherence of national legal and institutional frameworks with international law and standards so as to allow for effective redress and accountability; more independent justice mechanisms capable of dealing with challenges of impunity and access to redress; and judges, lawyers, human rights defenders, victims and their representatives that are better equipped to demand and deliver truth, justice and reparation.
Agenda here.
Sep 19, 2019
ICJ’s new report – and its executive summary – on the implementation of the Special Jurisdiction for Peace, are now available in English.
The ICJ, in furtherance of its objective to promote accountability, justice and the rule of law in Colombia, has been continuously monitoring the implementation of the mechanisms and institutions created as a result of the peace negotiations between the Colombian National Government and the Revolutionary Armed Forces of Colombia – People’s Army (FARC-EP).
Among these mechanisms and institutions, the Special Jurisdiction for Peace (JEP in its Spanish acronym) is of particular importance because it is the institution that was designed to investigate, prosecute and punish those responsible for the most serious human rights violations committed during the armed conflict in Colombia.
In June 2019, as a result of its monitoring activities, the ICJ released its report Jurisdicción Especial para la Paz: análisis a un año de su entrada en funcionamiento (Special Jurisdiction for Peace: analysis of its first year since it started functioning). The report presents the advances in the implementation of the JEP, documenting both strengths and challenges. It uses the international human rights framework as a point of reference for the national implementation of transitional justice instruments and mechanisms; and provides a description of Colombian law relevant to the JEP and a detailed analysis of the JEP’s operations and procedures. The report reflects developments up to 7 June 2019.
Considering the importance of improving the understanding of JEP’s work among non-Spanish speakers, the executive summary of the ICJ report is now available in English. The full version of the report will be available in English in the forthcoming months.
Download
Colombia-Jurisd para la paz-PUBLICATIONS-Reports-Fact-finding mission report-2019-ENG (full report in PDF)
Colombia-Jurisd para la paz Exec Summary-PUBLICATIONS-Reports-Fact-finding mission report-2019-ENG (full executive summary in PDF)
Sep 16, 2019 | Events, News
The ICJ, together with the Netherlands, Finland and Swiss missions to Geneva, OHCHR and other NGOs invite you to a panel discussion on Advancing accountability for human rights violations and abuses in Libya at the UN Human Rights Council in Geneva.
The event takes place on Friday 20 September 2019, at 15:00 – 16:30, Room XXIII, in the Palais des Nations.
With the onset of armed conflicts in Tripoli and surroundings on April 4, 2019, human rights violations and abuses have become more entrenched in Libya. There is now an urgency to discuss appropriate means to strengthen the rule of law in Libya and break the cycle of impunity prevailing in the country. The United Nations Human Rights Council can play a vital role in this process by establishing an independent international investigation into violations and abuses of human rights in Libya with a view to future accountability.
The event will be opened by Geoffrey van Leeuwen, Director for Middle East of the Netherlands Ministry of Foreign Affairs, moderated by Bahey Eldin Hassan, Director of the Cairo Institute for Human Rights Studies, and feature:
–Elham Saudi, Director – Lawyers for Justice in Libya
–Ghassan Salamé, Special Representative of the Secretary-General & Head of the United Nations Support Mission in Libya – via video link
–Francesco Motta, Chief of OHCHR Asia, Pacific, Middle East & North Africa Branch
–Said Benarbia, Director of the Middle East & North Africa program, International Commission of Jurists
–Salah Al Marghani, Lawyer, human rights activist & former Minister of Justice for Libya
–Bruno Stagno Ugarte, Deputy Executive Director for Advocacy – Human Rights Watch
A flyer for the event is available here.
Sep 16, 2019 | Advocacy, Non-legal submissions
The ICJ today put the spotlight the increase and “normalisation” of enforce disappearances and abductions worldwide, with examples about Turkey, Egypt and Saudi Arabia, speaking at the UN Human Rights Council in Geneva.
The statement, made during the general debate, reads as follows:
The International Commission of Jurists (ICJ) shares concerns highlighted by the Working Group on Enforced and Involuntary Disappearances in its report (UN doc. A/HRC/42/40) at the “increasing use of extraterritorial abductions” and at the “normalization of these practices” globally. ICJ previously documented such practices in our 2017 report, Transnational Injustices.
The killing of Jamal Khashoggi by Saudi Arabia is an example of particular concern, as is the reported abduction, by Turkish authorities, of persons they claim to be linked to “terrorist organisations.” Several of these people, who later reappeared in Turkish prisons, are currently facing serious challenges in mounting a proper legal defence. Complaints of the families have not been properly investigated.
In Egypt, the National Security Agency (NSA) has been abducting and forcibly disappearing hundreds as a technique to suppress dissent. This year, the ICJ and Adalah reported on the disappearance of 138 detainees for between 10 to 219 days, many of whom were subjected to torture.
The ICJ urges the Council to address these worrying developments and calls on all countries:
- to stop all practices of enforced disappearance, abduction or informal international transfer;
- to ratify the International Convention for the Protection of All Persons from Enforced Disappearance, and
- to provide to the victims of enforced disappearance and their families full access to their rights, including an effective remedy.
Sep 14, 2019
ICJ Practitioners’ Guide no. 14 Investigation and Prosecution of Potentially Unlawful Death aims to help legal practitioners ensure that potentially unlawful death is investigated in a manner that respects international human rights law and, where responsibility is identified, that appropriate measures of accountability ensue.
At the heart of the Guide is the Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), which was published by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in 2017.
The revised Minnesota Protocol (2016) is the Revised United Nations Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, the revision of which involved expertise from the International Commission of Jurists and other leading organizations.
It is a companion document to the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions (1989), and sets a common standard of performance in investigating potentially unlawful death and a shared set of principles and guidelines for States, as well as for institutions and individuals who play a role in death investigations.
Topics covered by the Practitioners’ Guide include:
- Potentially unlawful death and the duty to prosecute;
- The duties of states to investigate and prosecute;
- The rights of victims’ families and of witnesses;
- General principles of forensic investigation of potentially unlawful death;
- Forensic investigation of potentially unlawful death: types of evidence and the chain of custody;
- Forensic investigation of potentially unlawful death: crime scene management and victim identification;
- Forensic investigation: the autopsy;
- The effective prosecution of individuals responsible for unlawful death;
- Specific guidance for prosecutors and defence lawyers; and
- Potentially unlawful death in armed conflict.
This Practitioners’ Guide builds on earlier Guides, especially:
– The right to a remedy and reparation for gross human rights violations – 2018 update to Practitioners’ Guide no. 2
– International Law and the Fight Against Impunity: ICJ Practitioners’ Guide no. 7
– Enforced Disappearance and Extrajudicial Execution: Investigation and Sanction – ICJ Practitioners’ Guide no. 9
– Enforced Disappearance and Extrajudicial Execution: the Right of Family Members – ICJ Practitioners’ Guide no. 10
The Practitioners’ Guide would not have been possible without the financial support of the Ministry of Foreign Affairs of Finland and was produced as part of the ICJ’s Global Accountability Initiative.
Download the full report
Universal-PG 14 Unlawful death-Publications-Reports-Practitioners Guides series-2019-ENG (PDF of English version)
Universal-PG 14 Unlawful death-Publications-Reports-Practitioners Guides series-2021-THA (PDF of Thai version)
Universal-PG 14 Unlawful death-Publications-Reports-Practitioners Guides series-2020-SPA (PDF of Spanish version
