Jul 19, 2019
On 17 July 2019, the Convention Against Torture Initiative (CTI) released the 6th tool in their series of UNCAT implementation tools on “Cooperation on Extradition”. The ICJ developed the tool for the CTI.
This latest tool focuses on the extradition framework established in the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), which enables and facilitates cooperation among States parties on extraditing those suspected of or responsible for offences of torture.
The tool sets out in an understandable format the basic elements of UNCAT’s extradition framework, explaining how it operates in practice, with the aim of bringing those suspected or convicted of torture to justice, thus ending impunity for torture and other ill-treatment. It provides 32 international, regional and national examples of how the framework can operate in practice.
You can read the tool here: Universal-CTI-Cooperation-Advocacy-ENG
Jul 9, 2019
Today, on the third anniversary of the killing of prominent political commentator and human rights defender Kem Ley, the ICJ and 21 other civil society organizations renewed their call on the Cambodian government to establish an independent and impartial Commission of Inquiry to conduct a thorough and effective investigation into his killing.
“It has been three years since significant gaps were highlighted in the investigation and trial of Kem Ley’s case, which need to be remedied through an independent, impartial and effective investigation,” said Frederick Rawski, ICJ’s Director for Asia and the Pacific.
“The lack of progress reflects a clear lack of political will by the Cambodian government towards meeting its obligations under international law to fully and impartially investigate a potentially unlawful death and protect the rights to life and to effective remedy,” he added.
On 10 July 2016, Kem Ley was shot and killed while having a morning coffee at a gas station on Monivong Boulevard in central Phnom Penh. On 23 March 2017, after a half-day trial hearing, the Phnom Penh Municipal Court found Oeuth Ang – the suspect arrested by authorities who identified himself as “Choub Samlab” or ‘Meet to Kill’ – guilty of Kem Ley’s murder, and sentenced him to life imprisonment.
On 24 May 2019, Cambodia’s Supreme Court rejected Oeuth Ang’s appeal against his sentence and upheld his life imprisonment term.
On 23 March 2017, the ICJ, Human Rights Watch and Amnesty International highlighted eight specific issues that had been inadequately investigated during the trial of Oeuth Ang, and called for an investigation in line with international standards, including the International Covenant on Civil and Political Rights (ICCPR) and the Revised United Nations Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, known as the Minnesota Protocol (2016).
The upholding of Oeuth Ang’s sentence by Cambodia’s highest court in May 2019 – despite the failure of lower courts to sufficiently address shortcomings in his trial – also raises serious concern as to the lack of independence of the judiciary in Cambodia.
The lower courts that considered the case were the Phnom Penh Municipal Court and then the Court of Appeal, which rejected Oeuth Ang’s first appeal, before he then appealed to the Supreme Court, where his appeal against his sentence was also dismissed.
These courts did not address the clear shortcomings that had marred the investigation and the original trial before the municipal court.
In October 2017, an ICJ report found that the lack of independent judges and prosecutors was the “single largest problem facing the Cambodian justice system” – where “the rule of law is virtually absent” and political interference and corruption in cases are endemic.
Given the lack of trust and confidence in the impartiality, independence and competence of the Cambodian judicial system, the civil society organizations have urged the Cambodian authorities to request that an appropriate body with independent experts, such as a Commission of Inquiry, be established under the auspices of the United Nations into Kem Ley’s case.
Cambodia-Kem Ley 3rd year-Advocacy-open letter-2019-ENG (full call in PDF)
Read also
Cambodia: Commission of Inquiry into killing of Kem Ley should be established without further delay
Cambodia: request to create a commission of inquiry into the killing of Kem Ley
Cambodia: significant questions remain after guilty verdict in Kem Ley trial
Cambodia: Kem Ley’s killing demands immediate credible and impartial investigation
Contact
Kingsley Abbott, ICJ Senior Legal Adviser, e: kingsley.abbott(a)icj.org
Jul 8, 2019 | Comunicados de prensa, Informes, Multimedia, Noticias, Publicaciones
Las autoridades venezolanas deben tomar medidas de inmediato para restaurar las instituciones democráticas y el funcionamiento del estado de derecho, lo que incluye disolver la Asamblea Nacional Constituyente y restaurar los poderes constitucionales de la Asamblea Nacional, dijo hoy la CIJ.
Sin lugar para la deliberación, el informe más reciente de una serie sobre derechos humanos y estado de derecho en Venezuela, aborda aspectos profundamente problemáticos con respecto a la creación, composición y funcionamiento de la Asamblea Nacional Constituyente de Venezuela, la cual actualmente detenta funciones legislativas, y su devastador efecto para el Estado de Derecho en ese país.
El reporte muestra que la Asamblea Nacional Constituyente, instalada el 4 de agosto en virtud un decreto ejecutivo del Presidente Nicolás Maduro, ha desplazado la autoridad de la constitucionalmente establecida Asamblea Nacional.
“La ANC fue creada unilateralmente por el Presidente, sin refrendación popular mediante un referendo, configurando una evidente violación a la Constitución, y desde entonces ha actuado como un cuerpo sin control o respeto por el estado de derecho,” dijo Sam Zarifi, Secretario General de la ICJ.
Inicialmente creada para redactar una nueva Constitución, la Asamblea Nacional Constituyente ha sido usada para usurpar funciones legislativas y así aprobar medidas de orden administrativo, electoral y legislativo en favor de la agenda del Poder Ejecutivo, establece el reporte.
El informe documenta cómo la Asamblea Nacional Constituyente adelantó elecciones presidenciales; levantó la inmunidad parlamentaria de diputados de la Asamblea Nacional para permitir su arresto y enjuiciamiento; designó a las autoridades de más alto nivel; y aprobó leyes discriminatorias que criminalizan la libertad de expresión y asociación.
Entre otras cosas, la CIJ recomienda a las autoridades venezolanas que tomen medidas para que:
- Cese el funcionamiento de la Asamblea Nacional Constituyente y se reestablezcan los poderes constitucionales de la Asamblea Nacional.
- Se permita a la Asamblea Nacional revisar los actos adoptados por la Asamblea Nacional Constituyente, a fin de dejarlos sin efecto total o parcialmente, de manera inmediata o condicional, en aras de preservar la seguridad jurídica.
Contactos:
Sam Zarifi: Secretario General de la CIJ; t +41 79 726 44 15; e sam.zarifi(a)icj.org
Santiago Martínez Neira: abogado consultor de la CIJ; e santiago.mn(a)gmail.com
Venezuela-Sin Lugar para la deliberacion-Publications-Reports- fact findings mission reports-2019-SPA (Informe, en PDF)
Video de un evento paralelo sobre la crisis de derechos humanos en Venezuela, organizado conjuntamente con Amesty International:
https://www.facebook.com/ridhglobal/videos/1206399322898690/
Jul 8, 2019
The Venezuelan authorities must take immediate steps to recover the country’s democratic institutions and the functioning of the rule of law, including disbanding the National Constituent Assembly and allowing the National Assembly to resume its Constitutional authority, the ICJ said today in a new report and at a webcast event.
No Room for Debate, the latest in a series of reports on human rights and the rule of law in Venezuela, addresses the deeply problematic aspects concerning the creation, composition and functioning of the National Constituent Assembly (NCA) of Venezuela, presently wielding legislative power, and its devastating effect on the rule of law in the country.
The report shows how the National Constituent Assembly, installed on 4 August 2017 pursuant to an executive decree by President Nicolás Maduro, has displaced the authority of the country’s constitutionally established legislature.
“The NCA was created unilaterally by the President, without popular endorsement through a referendum, in blatant violation of the Constitution, and ever since has acted in an unchecked manner and beyond the rule of law,” said Sam Zarifi, ICJ Secretary General.
Initially convened to prepare a new Constitution, the National Constituent Assembly has been used to usurp legislative functions in order to pass electoral, administrative and legislative measures in support of the Executive Branch’s agenda, the ICJ report says.
It documents how the National Constituent Assembly called early presidential elections; rescinded legislative immunity for National Assembly deputies to enable their arrest and prosecution; appointed top-ranking executive authorities; and adopted discriminatory measures that penalize freedom of expression and association.
Among several recommendations, the ICJ urges the State authorities to:
- Rescind the National Constituent Assembly and restore the Constitutional powers of the National Assembly.
- Allow the National Assembly to review the orders issued by the National Constituent Assembly, to render them totally or partially ineffective, immediately or conditionally, in the interest of ensuring legal certainty.
Contact:
Sam Zarifi, ICJ Secretary General, t +41 79 726 44 15 ; e sam.zarifi(a)icj.org
Santiago Martínez, ICJ Consultant; santiago.mn(a)gmail.com
Venezuela-No room for debate-Publications-Reports-Fact finding mission reports-2019-ENG (full report in PDF)
Watch the video (mostly in Spanish) of a side event on the human rights crisis in Venezuela, organized jointly with Amnesty International.
https://www.facebook.com/ridhglobal/videos/1206399322898690/
Jul 8, 2019 | News
The ICJ welcomes the report issued today by the United Nations Office of the High Commissioner for Human Rights (OHCHR) documenting human rights violations and abuses in Indian administered Kashmir and Pakistan administered Kashmir.
The ICJ called upon both India and Pakistan to take immediate measures to implement the Report’s main recommendations, and to hold security forces as well as non-state actors accountable for human rights violations and abuses.
The Report follows a June 2018 report that documented similar violations, as well as the widespread impunity for human rights violations by Indian security forces and armed groups allegedly supported by Pakistan. The Indian Government has rejected both reports as a violation of its “sovereignty and territorial integrity”. The Pakistan government has welcomed the report and called for the establishment of a United Nations Commission of Inquiry.
“It is unfortunate that India has again refused to acknowledge the facts set out in the OHCHR report, or to pledge action on its recommendations,” said Frederick Rawski, Asia Pacific Director for the ICJ.
“This is an opportunity for India, a member of the Human Rights Council, to lead by example. It can start by repealing the Armed Forces Special Powers Act and launching an investigation into rights abuses in line with international standards and the guidelines set out by the Indian Supreme Court,” he added.
The Report documents human rights violations by Indian security forces including extrajudicial killings, arbitrary detentions, unlawful custodial deaths, enforced disappearances, and ill-treatment and torture, including rape and sexual violence, in Indian-administered Kashmir.
According to the Report, based on data from civil society organization Jammu and Kashmir Coalition of Civil Society (JKCCS), 71 extrajudicial killings were allegedly committed by security forces in 2018 (for a total of 1081 between 2008 and 2018). Between 2016 and 2018, 1253 people have been blinded by pellet guns.
The Report highlights how the extraordinary powers granted to security forces by the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 has been wielded arbitrarily and led to near total impunity from prosecution. In addition, it documents human rights abuses committed by non-state armed groups in Indian-administered Kashmir including kidnappings, killings and rape.
The Report also documents rights violations in Pakistan-administered Kashmir, including restrictions on freedom of expression and opinion, assembly and association, and the abuse of vague and overbroad anti-terrorism laws in contravention of international human rights law.
The Report documents cases of arbitrary arrest by local authorities and intelligence agencies, including charging 19 activists with treason for organizing a rally in November 2018, and the arbitrary detention of 30 members of the Jammu Kashmir National Students Federation in March 2019 by Pakistani law enforcement. The Report notes the particular vulnerability of journalists to threats, harassment and arbitrary arrest.
“While we commend Pakistan for welcoming the Report, the fact remains that the Government has done little to prevent the continuation of human rights violations by its security forces, or to implement the recommendations of the previous report,” Rawski said.
“Pakistan must take action to hold perpetrators of rights violations accountable, and take action to end threats and violence targeted at human rights defenders and journalists,” he added.
The ICJ called on both Pakistan and India to grant unconditional access to the OHCHR and Special Procedures of the UN Human Rights Council, and to ensure that human rights defenders and journalists can carry out their work without threats or reprisals from security forces and non-State armed groups.
The ICJ also underscores the importance of the OHCHR recommendation that the United Nations set up an independent commission of inquiry into allegations of rights violations by all parties to the conflict.
The ICJ urged both the Indian and Pakistan governments to respect, protect and fulfill their international human rights obligations in Kashmir, to accept the Report’s findings and take immediate and effective action to implement its recommendations.
