Jun 7, 2019
The ICJ has presented its response to a European Commission consultation on how to strengthen protection of the rule of law in EU Member States through promotion, prevention mechanisms and measures to hold States accountable for rule of law violations.
In its response to the European Commission consultation , the ICJ highlights the declarations of ICJ Congresses from the Act of Athens in 1955 to the Tunis Declaration of 2019, which have helped to define and explain the rule of law. The ICJ’s long experience of working to advance the rule of law around the world has shown the need both for institutional and procedural safeguards for the rule of law, and for developing strong national rule of law cultures. The EU has an important role to play in supporting these protections in EU Member States, but it does not act alone in this field. The EU’s work on rule of law should be carefully positioned to take account of UN and Council of Europe standards and mechanisms, in the interests of the most effective possible strategies to protect the rule of law in Europe. Furthermore, for the EU to be credible in the action it takes to protect and promote the rule of law, the EU institutions themselves met be above reproach in their compliance with Rule of Law principles.
As regards the promotion of the rule of law, the ICJ underlines the importance of a shared understanding and commitment to the rule of law amongst legal and political communities, and the general public. The EU can make a significant contribution to supporting such understanding, through support and funding for civil society in its defence and promotion of the rule of law, through building the capacity of legal professionals including judges, prosecutors and lawyers to uphold the rule of law, and through support for building the engagement of national parliaments on rule of law issues.
In order to prevent threats to the rule of law, the ICJ supports the development of regular, uniform rule of law reviews by which EU Member States’ laws and practices are measured against objective standards by independent experts. Such assessments should be removed from political influence and should be conducted through an open and transparent process, and should be co-ordinated with existing initiatives of the EU and mechanisms of the UN and Council of Europe. The reviews could be conducted by a new independent, specialised Agency on the rule of law, or in co-operation with the Venice Commission of the Council of Europe.
It is vital that there are effective EU mechanisms to respond to violations of the rule of law in EU Member States. Both the European Court of Human Rights and the Court of Justice of the EU are essential to this response. The EU should therefore do all in its power to support the European Court of Human Rights and the implementation of its judgments. Infringement proceedings before the CJEU should be initiated regularly and promptly where the Commission identifies rule of law problems that violate EU law or affect the application of EU legislation. Institution of Article 7 TEU proceedings in appropriate cases is also vital to uphold the credibility of any rule of law assessment mechanism, and in the long term, consideration should be given to amending the treaties to strengthen this mechanism.
The full ICJ submission can be read here.
Mar 5, 2019 | News
States at the United Nations Human Rights Council in Geneva should ensure that Egypt is not allowed to seize a leading role in relation to the mandate of the United Nations’ expert on human rights and counter-terrorism, nine international human rights organizations, including the ICJ, have said.
In light of Egypt’s record of severe and widespread abuse of counter-terrorism measures to violate human rights, the organizations warned against attempts by Egypt to undermine the expert’s mandate.
The mandate of the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism is due to be renewed in the coming weeks at the ongoing Human Rights Council session in Geneva.
Mexico has for many years led the resolution that established and maintained the expert, but is understood now to be in discussions with Egypt about a possible leadership role for Egypt.
Other changes to the resolution text may also be under consideration.
“Egypt has an appalling record of abusing counter-terrorism measures against human rights defenders and other dissenting voices, and was recently denounced by the UN Special Rapporteur on human rights defenders for severe reprisals against people who spoke with another visiting UN expert,” said Matt Pollard, Senior Legal Adviser and UN representative for the ICJ.
“To give such a country shared leadership on the renewal of the mandate of the UN’s expert on human rights and counter-terrorism would only do further harm to civil society and others in Egypt and elsewhere, undermine the work of the expert and the UN as a whole, and badly tarnish the long history of leadership Mexico has shown on these issues,” he added.
Nine organizations – ICJ, Amnesty International, ARTICLE 19, Cairo Institute for Human Rights Studies, CIVICUS/World Alliance for Citizen Participation, International Federation for Human Rights (FIDH), Human Rights Watch, International Service for Human Rights, and Privacy International – had earlier sent a joint letter to all countries representatives in Geneva highlighting their concerns.
This was followed by a joint oral statement at the Human Rights Council session on 1 March, during an interactive dialogue with the special rapporteur.
Egypt has gradually sought to dilute or distort the longstanding focus of the UN Human Rights Council’s work to protect and promote human rights and fundamental freedoms while countering terrorism, the groups said.
In 2018 it succeeded in watering down the council’s longstanding thematic resolution on the topic, in which states annually recognize concerns about abuses and urge respect for human rights at a global and abstract level.
However, any move to gain control over the resolution on which the mandate of the special rapporteur depends, or to dilute or reframe her mandate, would have far deeper and further-ranging damaging effects.
The special rapporteur acts on individual complaints, reports on the situation in particular countries, and addresses in detail topics relating to counterterrorism work around the world on an ongoing basis.
The special rapporteur also serves an essential function in providing independent oversight of counterterrorism measures from a human rights perspective within the overall UN system.
The mandate holds a uniquely important role in the UN counterterrorism architecture, as the only UN entity with the exclusive mandate to ensure the promotion and protection of human rights while countering terrorism.
The organizations have been urging other countries to strongly oppose any attempts to weaken the mandate of the special rapporteur.
The special rapporteur’s role should not be diluted by including the flawed Egyptian-led approach into the resolution for its renewal, or by sharing the leadership of the mandate renewal resolution with Egypt or other countries that have such an appalling record in relation to the very issues the mandate is to address, they said.
Allowing Egypt to jointly lead the mandate renewal would only serve to encourage a continuation of its pattern of gross human rights violations and abuses against civil society and others within Egypt in the name of countering terrorism, while shielding it from international scrutiny, the groups said.
It would also pose a long-term threat to the UN’s role in ensuring that counterterrorism measures are consistent with human rights, and that measures to uphold human rights for all and the rule of law are the fundamental basis for the fight against terrorism.
Contact
Matt Pollard, ICJ Senior Legal Adviser & UN Representative, t: +41 79 246 54 75 ; e: matt.pollard(a)icj.org
Oct 23, 2018 | News
In light of new information released by Turkish President Recep Tayyip Erdogan about the apparent murder of prominent Saudi journalist Jamal Khashoggi, the Turkish government should seek cooperation from independent and impartial international investigators into the apparent extrajudicial killing of prominent Saudi journalist Jamal Khashoggi in the Saudi Arabian Consulate in Istanbul, the ICJ urged today.
Turkish President Recep Tayyib Erdogan today told the Turkish Parliament that investigations suggested that Saudi officials had planned to kill Khashoggi and he called for all those responsible for the killing to be punished regardless of rank.
“Given the highly political nature of this case and its emblematic impact for journalists and dissidents around the world, Turkey should work with the United Nations to establish a special independent mechanism to carry out the investigation with a view to identifying the perpetrators and prescribing recommendations for appropriate accountability measures,” said Said Benarbia, ICJ’s MENA Programme Director.
“Alternatively, the investigation should be conducted by competent Turkish authorities, given that Turkey already has jurisdiction and an obligation to carry out an investigation,” he added.
Investigations by Turkey to date suggest that the crime was planned, at least in part, in Saudi Arabia, and that perpetrators, evidence and witnesses are located in at least two countries.
Turkish Foreign Minister, Mevlut Cavusoglu, stated today that Turkey is ready to cooperate with an international investigation into Jamal Khashoggi’s death.
“Given the gravity of the crime and the fact that evidence and perpetrators are located outside Turkey, Saudi Arabia and other States should cooperate with an international investigation and waive any diplomatic protections and immunities that may apply to State officials and premises. They should also hand over all forensic, video, audio and other evidence, facilitate investigators’ access to State territory and witnesses, including State officials, and provide the necessary support to locate, retrieve and identify other evidence such as human remains and trace evidence and to carry out an autopsy on Khashoggi’s remains,” Benarbia said.
The ICJ dismissed statements by Saudi Arabia that it would carry out an independent, impartial investigation of the apparent murder.
On 20 October 2018, after initially denying any involvement in Jamal Khashoggi’s enforced disappearance, the Saudi Ministry of Foreign Affairs issued a statement claiming Khashoggi died when a “fight broke out” in discussions with Saudi officials at the consulate.
“Saudi Arabia has provided no evidence to support its incredible claim two weeks on that Jamal Khashoggi died after a fight broke out. Their investigation into his death lacks transparency and independence. Given Saudi Arabia’s past record in countenancing complete impunity for officials involved in serious human rights violations, it is reasonable to expect that this investigation and will result in a cover-up in which those most responsible avoid accountability,” Benarbia added.
Saudi Arabia’s repeated denials that it had any knowledge of the fate of Khashoggi, followed by its claims that “rogue” State operatives were responsible for his death, indicate that any Turkish investigation will be unlikely to elicit any meaningful cooperation from Saudi authorities.
“The denials, obfuscation and scapegoating by Saudi Arabia reveals a contempt for human rights that’s indicative of its modus operandi,” Benarbia said.
“Saudi authorities have repeatedly failed to carry out independent and impartial investigations into allegations that State officials have engaged in widespread arbitrary arrested and detention, torture and other ill-treatment and enforced disappearances, including of journalists, human rights defenders and critics of the government. Since Crown Prince Mohammad bin Salman was appointed in June 2017, repression of the exercise of human rights for political reasons has increased. Those convicted for exercising their lawful rights to freedom of expression, assembly and association face lengthy prison terms or the death penalty, after trials marred by fair trial rights violations,” he added.
Saudi Arabia-Khashoggi intl investigation-News-press releases-2018-ENG (full story with additional background, in PDF)
Oct 3, 2018 | Communiqués de presse, Nouvelles, Plaidoyer
Les dirigeants européens doivent agir rapidement pour aider l’Aquarius, dernier navire de recherche et de sauvetage non-gouvernemental opérant en Méditerranée, à s’immatriculer après le retrait de son pavillon par les autorités panaméennes, ont annoncé aujourd’hui cinq organisations internationales des droits de l’Homme dans une lettre ouverte (uniquement disponible en anglais).
La lettre a été envoyée aux dirigeants européens à l’occasion du cinquième anniversaire du naufrage de Lampedusa, qui a fait au moins 368 morts, les exhortant à offrir un pavillon à l’Aquarius.
«l’Aquarius a sauvé des dizaines de milliers de vies en mer, comblant ainsi le vide laissé par les États», a déclaré Judith Sunderland, directrice adjointe par intérim de Human Rights Watch pour l’Europe et l’Asie centrale, au nom des organisations. «Quel meilleur hommage à ceux qui sont morts au large de Lampedusa il y a cinq ans que de veiller à ce que l’Aquarius, symbole de solidarité et de respect de la vie et de la dignité humaines, puisse continuer à sauver des vies».
La lettre a été signée par Amnesty International, Human Rights Watch, le Conseil européen sur les réfugiés et les exilés (ECRE), la Commission internationale de juristes (CIJ) et la Fédération internationale des droits de l’Homme (FIDH).
SOS MEDITERRANEE et MSF ont lancé une pétition ici (uniquement disponible en anglais).
Pour plus d’informations et pour organiser une interview, veuillez contacter:
Róisín Pillay, Directeur de programme auprès de la CIJ Europe: + 32 2 734 84 46; ou roisin.pillay@icj.org
La lettre complète est disponible ici: Europe-Aquarius Letter-Advocacy-Open Letter-2018-EN (uniquement disponible en anglais)
Sep 21, 2018 | Advocacy, News, Non-legal submissions
The ICJ wrote today to the Council of Europe’s Commissioner for Human Rights, Dunja Mijatović, to request action against the decision by Turkish authorities to ban entrance to Galatasaray square in Istanbul (Turkey) to a collective of mothers of disappeared persons called “Saturday Mothers”.
On 25 August 2018 , the Sub-Governorship of Beyoğlu District of İstanbul announced the prohibition of gatherings for assembly of any type of demonstrations in Galatasaray Square in Istanbul, the square where the Saturday Mothers have gathered every Saturday since 1995 to 1998 and since 2009 until 2018.
On the 700th week of their peaceful protests, the Saturday Mothers and their supporters congregated in Galatasaray Square at midday to once again raise awareness of the need for those responsible to be held accountable for the extrajudicial killings and enforced disappearances following their time in State custody in the 1990s. The police used tear gas to stop the protest and arrested 47 people. All were released by Saturday evening.
Senior officers of the Turkish authorities have even issued statements accusing the Saturday Mothers of being abused by or in collusion with terrorist organisations.
The ICJ wrote to the European Commissioner for Human Rights, that it “considers this situation to be at odds with Turkey’s obligations under international human rights law, in particular of the right to peaceful assembly under article 11 of the European Convention on Human Rights and article 21 of the International Covenant on Civil and Political Rights.”
The ICJ further added that “given the consistent record and presence of the Saturday Mothers in Galatasaray Square throughout the years, it is hard to see how the restriction on their right to peaceful assembly could in any way be necessary and proportionate to a legitimate purpose. It is clear that no prior warning for the gathering was needed for security reasons in light of its regular occurrence at least since its resumption in 2009, i.e. nine years ago. Furthermore, the demonstration took place on a pedestrian area where cars are not allowed.”
ICJ-Letter-SaturdayMothers-CoEComm-Turkey-2018-ENG (download the letter)
