Sep 2, 2019 | News
On 30 August 2019, on the occasion of the International Day of the Disappeared, the ICJ co-hosted an art exhibition, a closed-door round table discussion and a public forum titled “Enforced Disappearance and the Absence of a Law” to commemorate individuals who were subject to apparent enforced disappearance and whose fates remains unknown.
The closed-door round table discussion provided an opportunity for victims’ voices to be heard on challenges faced in gaining access to justice and redress. Relatives spoke about the challenges they face, mostly about the poor progress of investigations into the allegations of enforced disappearance against their relatives.
Sanhawan Srisod, the ICJ’s Legal Adviser, during the closed-door round table discussion, gave a briefing about the latest developments on the Draft Prevention and Suppression of Torture and Enforced Disappearance Act. The legislation had been dropped by the National Legislative Assembly (NLA) prior to the 2019 national elections, but is currently before the President of the National Assembly, pending his consideration to bring it before the House of Representative.
The public forum focused on the development and progress of the investigations into enforced disappearances and evaluated the progress in developing legislation in Thailand to address this critical issue.
During the public forum, Sanhawan Srisod highlighted that the Draft Act would, if adopted, fail to bring the law into full compliance with Thailand’s international human rights obligations. The key concerns include:
- Incomplete definitions of the crimes of enforced disappearance;
- The continuous nature of the crime of enforced disappearance that was not recognized in the Draft Act;
- Inadequacy of provisions on the command responsibility;
- Possibility that the military court may have power to try and adjudicate enforced disappearance cases; and
- Insufficient safeguards against enforced disappearances.
Background
Thailand has signed but has yet to ratify the International Convention for the Protection of All Persons from Enforced Disappearance.
According to their 2018 annual report, the UN Working Group on Enforced or Involuntary Disappearances has recorded 86 outstanding cases of alleged enforced disappearance in Thailand.
The Thai government, through the recently set up Committee Managing Complaints for Torture and Enforced Disappearance Cases, says it is currently conducting investigations in connection with this list.
Closed-door round table discussion session included the following speakers: Ms. Phinnapha Phrueksaphan, wife of Mr. Porlajee Billy Rakchongcharoen; Ms. Angkhana Neelapaijit, wife of Mr. Somchai Neelapaijit; Ms. Pranee Danwattananusorn, wife of Mr. Surachai Danwattananusorn; Mr. Adisorn Pho-Arn, son of Mr. Thanong Pho-Arn; Ms. Kanya Theerawut, mother of Mr. Siam Theerawut; Ms. Suphab Kamlae, wife of Mr. Den Kamlae; Mr. Prasert Laosophapan, brother of Mr. Kamon Laosophapan; Ms. Shui-Meng Ng, wife of Mr. Sombath Somphone from Lao PDR; Mr. Truong Son Nguyen, Regional Campaigner, Amnesty International Vietnam; Representatives, indigenous Lahu Community, Chiang Mai province; and Ms. Sanhawan Srisod, Legal Adviser, International Commission of Jurists
Public forum session included the following speakers: Ms. Shui-Meng Ng, representative of Asian Federation Against Involuntary Disappearances; Ms. Angkhana Neelapaijit, wife of Mr. Somchai Neelapaijit; Ms. Phinnapha Phrueksaphan, wife of Mr. Porlajee Billy Rakchongcharoen; Mr. Angsukate Wisutwattanasak, Director of Security Cases Department 1, Department of Special Investigation (DSI); Ms. Nongporn Roongpetchwong, Human Rights Expert, Rights and Liberties Protection Department, Ministry of Justice; and Ms. Sanhawan Srisod, Legal Adviser, International Commission of Jurists. The opening session included remarks from Mr. Giuseppe Busini, Deputy Head of Mission of the Delegation of the European Union to Thailand, and Mr. Surapong Kongchantuk, President of the Cross-Cultural Foundation. The closing session included remarks from Mr. Badar Farrukh, Human Rights Officer, OHCHR Regional Representative for South East Asia.
See Also:
Summary of the ICJ analysis of the Draft Act (PDF)
Thailand: ICJ submits recommendations on draft law on torture and enforced disappearance amendments
Aug 30, 2019 | News
On the occasion of the International Day of the Victims of Enforced Disappearances, Advocacy Forum-Nepal, the Terai Human Rights Defenders Alliance (THRD), and the ICJ voiced their concern about the Government’s failure to provide justice for the victims of the country’s decade-long armed conflict, including victims of enforced disappearance.
The organizations also remembered the victims of enforced disappearances in Nepal and recognized the unceasing efforts of victims and their families and others advocating and campaigning for truth and justice for serious human rights violations in Nepal for over a decade.
Nepal faced a protracted internal armed conflict from 1996 to 2006. In the decade-long conflict, serious human rights violations and abuses were committed by both sides: the Government, including the Royal Nepal Army; and the Communist Party of Nepal (Maoist). Approximately 1,300 people were “disappeared” during the conflict. The fate of many of “disappeared” is yet to be known.
The Comprehensive Peace Agreement (CPA) put an end to the conflict on 21 November 2006, with both sides agreeing to hold perpetrators of human rights violations and abuses accountable and provide access to effective remedies and reparation to victims, including a commitment to publicize the fate or whereabouts of “disappeared”. However, nearly 13 years after the signing of the Comprehensive Peace Agreement in November 2006, these promises remain unfulfilled.
The Truth and Reconciliation Commission and Commission on Investigation of Disappeared Persons, both established in February 2015, have failed to resolve the many thousands of complaints brought to them by victims and their families, and have yet to publicize their findings. Furthermore, in 2015, the Supreme Court ruled the 2014 Act creating the legal framework for the Commissions to be unconstitutional, due in part to the inclusion of provisions that could be used to grant amnesty to perpetrators. In February 2019, the tenure of the commissions was extended to 2020, but the terms of the commissioners expired on 13 April 2019. As of August 2019, no formal replacements had been announced, though a committee to recommend appointments has been established. The ICJ and other organizations have called for a suspension of the current appointment process until amendments to the legal framework are made, and a more consultative and transparent process is initiated.
Nepal has also enacted a new Penal Code, with effect from August 2018. For the first time, the Penal Code recognized enforced disappearance as a distinct crime. While the intent behind this measure is commendable, the law does not meet Nepal’s obligations concerning crimes under international law. In particular, the definition of enforced disappearance falls short of international standards; the crime of enforced disappearance is not absolutely prohibited; provisions related to superior and command responsibility are inadequate; and the penalties for enforced disappearance are inconsistent with international standards. The provisions will apply retroactively to the more than 1,300 conflict era cases.
The organizations urged the Government of Nepal to:
- Amend the 2014 Transitional Justice Act to ensure it is consistent with international human rights standards and Supreme Court rulings, including removing amnesty for perpetrators;
- Revise the criminal code to bring it in line with international standards. At the minimum, this should include:
- amending the definition of enforced disappearances to bring it in line with Nepal’s international obligations and the Convention on the Protection of All Persons from Enforced Disappearance (CED)
- revising the penalty provisions in the Criminal Code Bill to comply with relevant provisions of the CED and other international law and standards
- removing the statute of limitations for enforced disappearance cases
- Ratify International Convention for the Protection of All Persons from Enforced Disappearances;
- Publicize the findings of the CIEDP; and
- Ensure that in Nepal’s legal system, the victims of enforced disappearance, including family members of “disappeared” persons, have the right to obtain reparation and prompt, fair and adequate compensation; and they can effectively exercise that right in practice.
Contact:
For the ICJ: Frederick Rawski, ICJ Asia-Pacific Director, t: +66 64 478 1121; e: frederick.rawski(a)icj.org
Background:
The International Day of the Victims of Enforced Disappearances falls on 30 August every year. Nepal is bound by international legal obligations under the International Covenant on Civil and Political Rights (ICCPR) and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) – both of which it has acceded to – to investigate, prosecute, punish and provide remedies and reparation for the crimes of torture, other acts of ill-treatment, and enforced disappearance.
Nepal-International Day Enforced Disappearances-Press releases-2019-NEP (Story in Nepali)
Aug 27, 2019 | News
Following the killing of an Afghan boy in the Moria reception center in Greece, the ICJ calls on the Greek authorities to effectively implement measures of protection prescribed to Greece this May by the European Committee on Social Rights.
According to information by the UN High Commissioner for refugees, the 15-year-old Afghan boy was killed and two other boys injured after a fight broke out at the Moria reception centre on the Greek island of Lesvos.
The safe area at the Moria Reception and Identification Centre, RIC, hosts nearly 70 unaccompanied children, but more than 500 other boys and girls are staying in various parts of the overcrowded facility without a guardian and exposed to exploitation and abuse.
“This is not a situation unique to Moria. In other parts of Greek islands and also on mainland Greece human rights of migrant children are being violated,” said Karolína Babická, ICJ Legal Adviser.
Security of children as well as access to basic needs, such as appropriate shelter, food water or medical care, were the focus of a recent case the ICJ brought together with ECRE and Greek Council for Refugees (GCR) to the European Committee on Social Rights (ECSR).
The ECSR acknowledged the urgency of the situation and decided on immediate measures in the case already on 23 May 2019.
“It is unacceptable that the decision on interim measures has not yet been implemented by the Greek government and now we have to witness such tragic events like a death of a child in the camp,” said Karolína Babická.
“It is a sad wake-up call to the Greek administration that the situation cannot remain like this,” she added.
In its decision, the Committee members required the Greek government to immediately provide migrant children with appropriate shelter, food, water, education and medical care; to remove unaccompanied migrant children from detention and from Reception and Identification Centers (RICs) at the borders, place them in suitable accommodation for their age and appoint effective guardians.
“Greece must urgently bring those children to safety and make sure their basic needs are met and human rights are protected, in order to comply with its international legal obligations,” said Róisín Pillay, ICJ Europe and Central Asia Programme Director.
Contact:
Karolína Babická, Legal Adviser, ICJ Europe and Central Asia Programme, m +32 475 46 2067 ; e: Karolina.Babicka(a)icj.org
Aug 22, 2019 | News
The ICJ calls on the Ukrainian authorities to investigate the murder of lawyer Olexandr Ivanov, killed today with an automatic weapon near SIZO (Pre-trial Dentention Centre) №6 in Kropyvnytskyi.
The shooting was carried out from a car by unknown persons. The lawyer died on the spot. Another person injured in the incident was hospitalized in critical condition.
“The killing of lawyer Oleksandr Ivanov must be independently, promptly, and thoroughly investigated and the perpetrators brought to justice,” said Temur Shakirov, ICJ Senior Legal Adviser.
“Such crimes strip any legal reforms of their positive impact if lawyers’ life is always in danger when exercising their functions,” he added.
The police have confirmed the occurrence of the killing and initiated an investigation preliminarily qualified as intentional murder under article 115-2 of the Criminal Code of Ukraine.
The Ukrainian National Bar Association (UNBA) is planning to convene an emergency meeting of the Committee on Protection of Lawyers Rights and Professional Guarantees. The UNBA has also referred to the leadership of regional prosecution and police authorities to bring the case under personal control.
“During its recent mission to Ukraine the ICJ heard of cases of killings of lawyers and this case demonstrates that little progress has been achieved in addressing the security of lawyers in Ukraine,” said Shakirov.
Additional information:
International human rights law, including the European Convention on Human Rights to which Ukraine is a party, requires that states take steps to protect the life and physical integrity of persons who they know or ought to know are at real risk of violence.
According to the UN Basic Principles on the Role of Lawyers, governments must ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference (principle 16). The UN Basic Principles specify that “[w]here the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities” (principle 17).
Jul 29, 2019 | News
The Government of Nepal has failed to fulfill its commitment to provide justice for the victims of the country’s decade-long armed conflict, the ICJ, Amnesty International, Human Rights Watch, and TRIAL International said today.
The organizations echoed statements by victims and human rights groups about the Nepal government’s inaction on addressing conflict-era human rights violations, and a lack of transparency in the appointment of commissioners to the Truth and Reconciliation Commission and to the Commission on the Investigation of Enforced Disappearances.
“The lack of progress in holding perpetrators accountable for the suffering inflicted upon victims, their families and Nepali society as a whole, is appalling,” said ICJ Asia-Pacific Director Frederick Rawski.
“Nearly 13 years after the signing of the Comprehensive Peace Agreement, political leaders inside and outside of government are still playing games by politicizing the process. It is about time that they showed some courage, and took action to ensure access to justice, instead of continually looking after their own short-term self-interests,” he added.
“We have seen no evidence so far that the authorities of Nepal are serious about fulfilling their obligation to investigate conflict-era violations and bring all those suspected of criminal responsibility to justice in fair trials before ordinary civilian courts,” said Raju Chapagai, South Asia researcher at Amnesty International. “If the commitment to human rights obligations was as unflinching as claimed by Prime Minister KP Sharma Oli, the government would have acted diligently to deliver on its transitional justice responsibilities.”
After being elected in 2018, Prime Minister Khadga Prasad Oli renewed promises that the legal framework governing the transitional justice process would be brought into conformity with Nepal’s international human rights law obligations, as the Supreme Court had repeatedly directed. However, the government never amended the law, and instead pushed forward – without adequate consultation – with the establishment of a committee to recommend appointments to the transitional justice bodies.
“The failure of the government to deliver on its commitment to ensure truth, justice and reparations for the victims of conflict-era abuses shows a dismaying disregard for the protection of human rights,” said Meenakshi Ganguly, South Asia Director at Human Rights Watch.
The organizations called on the government to: 1) suspend the current process, and initiate a consultative and transparent process for the nomination and appointment of commissioners; 2) follow through on commitments to amend the 2014 transitional justice law to ensure that the legal framework is consistent with international human rights standards and Supreme Court rulings; and 3) adopt and publicize a plan for taking the transitional justice process forward.
“The legitimacy of Nepal’s transitional justice process lies both on a transparent and consultative appointment process for commissioners, and a strong legal foundation to allow the commissions to fulfil their mandate,” said Helena Rodríguez-Bronchú, Head of TRIAL International’s Nepal program. “Societal consensus is crucial for both factors.”
Amnesty International, ICJ and TRIAL International had previously submitted their analysis of the draft transitional justice legislation circulated in 2018 and had made recommendations on ensuring compliance with international human rights law. Human Rights Watch had also alerted for reform of the transitional justice law before appointing the commissioners. In April 2019, United Nations experts also wrote a joint letter to the foreign minister reminding the government of its commitment to amend the law and calling for a transparent process for appointing new commissioners after the terms of the previous commissioners expired.
Contact
Frederick Rawski, ICJ Asia-Pacific Director, t: +66 644781121 ; e: frederick.rawski(a)icj.org,
Nepal-trans just-News-Press releases-2019-NEP (story in Nepali, PDF)
