Apr 8, 2013 | News
On 5 April, Vietnam’s Hai Phong court sentenced Doan Van Vuon and three of his male relatives to imprisonment sentences ranging from two to five years, for attempted murder. The ICJ condemns this decision.
Mr. Doan’s wife and sister-in-law received suspended sentences in the form of 18 and 15 months respectively for resisting persons in the performance of their official duties.
Vuon, along with his brothers Doan Van Quy and Doan Van Sinh, as well as Sinh’s son Doan Van Ve, were initially arrested on 5 January 2012 for injuring four policemen and two soldiers with homemade weapons when more than 100 security forces tried to forcibly evict them from their fish farm in a district approximately 90 kilometres from Hanoi.
The four men had remained in detention for more than a year waiting for the commencement of last week’s trial.
Under Article 9(3) of the International Covenant on Civil and Political Rights, which Vietnam is a signatory to, states that “anyone arrested or detained on a criminal charge shall be brought promptly before a judge…and be entitled to trial within a reasonable time or to release”.
“Pre-trial detention should only be used in criminal proceedings as a last resort, and for the shortest possible time period, when required to meet the needs of justice,” said Emerlynne Gil, ICJ’s International Legal Advisor for Southeast Asia in Bangkok. “The prolonged period of detention in this case is detrimental as it could possibly have violated the defendants’ presumption of innocence and due process.”
During the trial, it was concerning to note that all the judges involved in the case were members of the ruling Vietnamese Communist Party and were carrying out their judicial duties under the central government’s directions.
Article 14 of the ICCPR further guarantees that a person is “entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law”.
“Vietnam’s blatant disregard of the right to fair trial violates not only their international law obligations, but also the proper administration of justice in a criminal proceeding,” said Emerlynne Gil.
The ICJ also observed that the court’s judgment failed to incorporate the fact that the defendants had acted in such a manner only as an attempt to defend and protect their land, which was legitimately given to them by the Vietnamese government in 1993.
The right to receive a reasoned judgment is an inherent principle in safeguarding fair trial rights and it is the general rule that court rulings must include the essential findings, evidence and legal reasoning.
“The failure to adhere to the minimum international fair trial standards reveals Vietnam’s serious lack of commitment towards upholding the rule of law and protecting human rights in the country; a violation most certainly not in line with the profile of a country wishing to obtain a seat at the UN Human Rights Council 2014-2016 tenure,” Gil added.
In the event of an appeal, the ICJ calls that the Vietnamese Court of Appeal be consistent with the international basic judicial guarantees and the principles of independence, impartiality and competency.
Mar 22, 2013 | News
The ICJ, the World Organisation Against Torture (OMCT) and Geneva for Human Rights are encouraged by steps taken by Taiwan to review compliance with human rights and urge further steps towards the realization of rights on the ground.
Due to the fact that the territory of Taiwan is not recognized by the international community as a sovereign State, Taiwan is not a member of the United Nations.
As such, the UN HUman Rights Committee and Committee on Economic, Social and Cultural Rights have been unable to review Taiwan’s implementation of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, in respect of which Taiwan has enacted incorporating legislation.
Notwithstanding this position, the Government of Taiwan has facilitated a parallel review by independent experts of implementation of these instruments.
This review was conducted on 25-27 February 2013, leading to the adoption by the independent experts of concluding observations and recommendations.
The ICJ, OMCT and Geneva for Human Rights are encouraged by the steps taken.
They urge the Government of Taiwan to undertake prompt and effective steps towards implementation of the recommendations of the independent experts by means that involve a constructive dialogue with civil society, including as this pertains to the abolition of the death penalty.
They also call on the Government to take similar steps for incorporation of human rights standards set out in other universal treaties, including the Convention against Torture.
Taiwan-ICCPR-ICESCR-Conclusions-IndependentExperts-2013 (download concluding observations of the independent experts)
Mar 19, 2013 | Advocacy, Non-legal submissions
The ICJ today welcomed the recent deposit of the tenth instrument of ratification to the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Noting that the entry into force of the Optional Protocol (OP) on 5 May 2013 will mark an historic boost to the international protection of economic, social and cultural rights, the ICJ called on the Human Rights Council and its members to become party to the OP and other individual communications procedures of the treaty bodies.
The ICJ’s statement was made during the General Debate under Item 8 of the Human Rights Council’s agenda (follow-up and implementation of the Vienna Declaration and Programme of Action) during the 22nd regular session of the Council (25 February to 22 March 2013).
HRC22-Item8GD-OPICESCR-NonLegalSubmission-2013 (download full statement in ODF)
Mar 8, 2013 | Events
As a member of the International NGO Coalition for the OP to the ICESCR, the ICJ is co-convening a high-level event on the protection of economic, social and cultural rights March 13 at the Palais des Nations in Geneva.
This event is organized together with the Group of Friends of the Optional Protocol to the ICESCR, including Argentina, Belgium, Bolivia, Bosnia & Herzegovina, Ecuador, El Salvador, Finland, France, Senegal, Spain, Slovakia, Portugal and Uruguay; and the Office of the United Nations High Commissioner for Human Rights.
It will highlight the importance of OP-ICESCR to the full realization of human rights and the need to achieve widespread ratification of the OP-ICESCR to ensure access to justice for all.
Speakers will include the Deputy High Commissioner for Human Rights, the UN Special Rapporteur on the Right to Water and Sanitation, as well as the Permanent Representatives of Argentina, France, Portugal, Slovakia and Uruguay.
Parallel Event – OP-ICESCR-event-2013 (download the flyer, pdf)
Feb 5, 2013 | News
The 10th ratification of the Optional Protocol to the International Covenant to Economic, Social and Cultural Rights (OP-ICESCR) is an historical boost for the international protection of these rights, the ICJ said today.
“With the deposit today at the UN of the 10th instrument of ratification by Uruguay, we are very close to the long awaited entry into force of this new treaty”, said Sandra Ratjen, ICJ Senior Legal Adviser on Economic, Social and Cultural Rights (ESCR).
The OP-ICESCR will enter into force in three months from today and will provide for remedies at the international level to victims of violations of economic, social and cultural rights.
The Protocol establishes mechanisms that enable the UN Committee on Economic, Social and Cultural Rights to examine complaints and initiate inquiries in cases of violations of these rights in the State parties whenever the victims could not obtain justice at the national level.
“We warmly welcome the 10th ratification of the Optional Protocol and we congratulate Uruguay on this decisive step for the protection of economic, social and cultural rights nationally and internationally”, said Wilder Tayler, ICJ’s Secretary General. “This is an important moment for the ICJ. We have a long-standing commitment and work in favour of the recognition of ESCR as legal and justiciable rights, on the same footing as other human rights.”
The ICJ urges States parties to the ICESCR to join the first ten States who became party to the Optional Protocol – Ecuador, Mongolia, Spain, El Salvador, Argentina, Bolivia, Bosnia and Herzegovina, Slovakia, Portugal and Uruguay.
The ICJ stresses that only when a significant number of States will have become party to the Protocol, the mechanisms it offers will be effectively accessible to a great number of victims of violations of ESCR.
Contact:
Sandra Ratjen, ICJ Senior Legal Adviser on Economic, Social and Cultural Rights, t: +41 22 979 38 35 ; e-mail: sandra.ratjen(at)icj.org
NOTE:
The ICJ is a member of the International NGO Coalition for the OP to the ICESCR. Together with the other members of the Coalition, the ICJ is involved in the Campaign in favour of the ratification of the OP-ICESCR.
