Oct 31, 2017
The ICJ presented a submission on the systems of extradition, expulsion and abductions of the Russian Federation to the Committee of Ministers of the Council of Europe.
The submission was presented for the consideration by the Committee of Ministers of the Council of Europe on the implementation by the Russian Federation of a series of judgments of the European Court of Human Rights in the group of cases Garabayev v. Russia and others.
In particular, the ICJ presented its recent findings in the report Transnational Injustices – National Security Transfers and International Law that provides the most recent assessment of the systems of extradition, expulsion and abduction/rendition of the Russian Federation and States in Central Asia compared with the laws and practices in this field of EU Member States and the US rendition system.
The ICJ submission refers to the lack of compliance by the Russian Federation with the judgments of the European Court of Human Rights with regard to the respect of the principle of non-refoulement (articles 3 ECHR), the lack of effective remedy against violations of this principle (article 3 and 13 ECHR), as well as the lack of compliance with the Court’s interim measures (article 34 ECHR).
Russian Federation-Garabaev-Transfer-Shortcomings-Advocacy-Legal submissions-2017-ENG (Download the submission)
Oct 9, 2017 | Events, News
The ICJ, the Center for Human Rights and Global Justice and Amnesty International invite you today to an event to discuss challenges in prevention of, and accountability for, violations of human rights in the US-led rendition system, and in transfers of suspects in the CIS region.
Join us for a moderated discussion marking the U.S. launch of the International Commission of Jurists’ report, Transnational Injustices: National Security Transfers and International Law.
Panelists will discuss the ongoing practice of states unlawfully rendering people accused of terrorism, particularly in Russia and Central Asia, and explore the extent to which the impact of the CIA’s notorious extraordinary renditions can still be felt today.
When: Monday, October 16, 2017 – 12:45 pm to 2:15 pm
Where: Lester Pollack Colloquium Room – Furman Hall, 9th Floor, NYU School of Law – 245 Sullivan Street, New York City
RSVP here
Refreshments will be served
Speakers:
- Sam Zia-Zarifi, Secretary General, ICJ
- Róisín Pillay, European and CIS Programme Director, ICJ
- Margaret Satterthwaite, JD ’99, Professor of Clinical Law, NYU School of Law
Moderated by Julia Hall, Expert on Counter-Terrorism and Human Rights, Amnesty International
A flyer for this event is available in PDF format by clicking here.
Sep 21, 2017 | Advocacy, Non-legal submissions
Speaking at the UN today, the ICJ called on India to reconsider its refusal to accept recommendations for decriminalisation of consensusal same-sex relations, abolition of the death penalty, and ensuring accountability for human rights violations.
The oral statement was made during the consideration by the UN Human Rights Council of the outcome of India’s Universal Periodic Review (UPR) process. It read as follows:
“The International Commission of Jurists (ICJ) regrets that India has not supported recommendations related to decriminalizing consensual same-sex relations, abolishing the death penalty, and combatting impunity for serious human rights violations.
The ICJ has documented how by allowing the criminalization of consensual same-sex relations, section 377 of the Indian Penal Code has facilitated numerous human rights violations, including violations of the principle of non-discrimination and the rights to equality before the law and equal protection of the law, liberty and security of person, freedom of expression, health, and privacy. Section 377 has also perpetuated homophobic and transphobic attitudes in India, leading to discrimination and violence against LGBT individuals.
The Government has also failed to take steps to combat impunity for serious human rights violations such as extrajudicial killings, enforced disappearances, and torture and other ill treatment, which are facilitated by laws such as the Armed Forces Special Powers Act (AFSPA) and other national security and public safety legislation. Despite repeated commitments to do so, India has also not enacted legislation to recognize torture as a distinct, autonomous offence in its penal code.
The ICJ therefore urges the Government to reconsider, accept and implement UPR recommendations to:
- Decriminalize consensual same-sex sexual relations (161.71, 161.76, 161.77, 161.78, 161.79);
- Enact legislation consistent with the Supreme Court’s recognition of the rights of transgender persons and international human rights standards (161.80);
- Repeal AFSPA and other state and central level laws that similarly violate international human rights law (161.97, 161.248, 161.249);
- Become a party to the CAT; OPCAT; the Second OP to the ICCPR; the ICPPED and other international instruments (161.13, 161.15, 161.29, 161.30, 161.31); and
- Establish a moratorium on the use of the death penalty, with a view towards its abolition (161.104 – 161.115).”
Sep 21, 2017 | Events, News
At a side event to the UN Human Rights Council on 22 September, the ICJ will discuss challenges in prevention of, and accountability for, violations of human rights in the US-led rendition system, and in the CIS region.
The event will address as well the challenges of extraditions, expulsions and renditions of national security suspects in CIS and EU countries.
The panel discussion is being held as part of the launch of the ICJ report Transnational Injustices – National Security Transfers and International Law, which analyses recent experiences of national security transfers in the CIS region, and makes recommendations for change based on international human rights law and comparative experiences.
The event will take place at the UN Human Rights Council in Geneva on Friday 22 September at 14:00 – 15:00 at Room no. XXIII.
Panelists:
- Julia Hall, Expert on Counter Terrorism and Human Rights – Amnesty International
- Bartłomiej Jankowski, Lawyer of Guantanamo detainee and rendition victim Abu Zubaydah
- Massimo Frigo, ICJ Legal Adviser
- Irina Urumova, Independent Justice Reform Consultant
Copies of the report in English will be available for the persons attending the meeting.
A flyer for this event is available in PDF format by clicking here.
For more information, contact massimo.frigo(a)icj.org and/or un(a)icj.org
Sep 15, 2017 | News, Publications, Reports, Thematic reports
Failure to assert the rule of law in the transfer of suspects across borders perpetuates violations of human rights in cases where national security is invoked, a new ICJ report finds.
Released today, the ICJ report Transnational Injustices – National Security Transfers and International Law documents laws and practices in the OSCE region involving transfer of national security suspects by all possible means without regard to national law or States’ international legal obligations.
“This report demonstrates that, under different guises, some States still continue to abuse extradition and expulsion procedures and sometimes even to resort to abductions and renditions in cases related to counter-terrorism or national security,” said Róisín Pillay, Director of the ICJ Europe and CIS Programme.
“This has pernicious consequences for the respect of human rights and the rule of law,” she added.
“In some states, such as in Russia and Central Asia, existing national legal procedures to protect against abusive transfers have been bypassed or ineffective,” Pillay said.
She added: “We need to put judges and human rights law at the heart of extradition procedures to ensure their effectiveness and to prevent arbitrary and extra-legal transfers of suspects.”
Lack of accountability in cases where suspects’ human rights have been violated fuels further abuses, the report finds.
“With the closure of the US programmes, renditions were thought to be over,” said Massimo Frigo, Legal Adviser at the ICJ.
“The almost complete lack of accountability for US renditions has provided a blank check of legitimacy to any countries trying to bend or break the rules at the expenses of the basic safeguards of one’s human rights,” he added.
Background
Practices in a number of States in recent years have highlighted the serious implications for human rights and the rule of law of transfers of people based on national security and criminal cooperation grounds in the Russian Federation, Central Asia and beyond.
Extraditions, expulsions and, sometimes, transfers occurring outside of the legal framework have triggered international reactions and rulings of international courts and quasi-judicial bodies.
The ICJ report Transnational Injustices – National Security Transfers and International Law is based on research of these practices, documenting illustrative cases, and the applicable legal framework.
The report analyses extradition, expulsion and informal transfers in the Russian Federation, Central Asian countries and EU Member States, as well as the rendition practices in the United States and assesses the situation against international human rights law.
The report offers concrete recommendations for change based on the comparative experiences of selected EU member States.
Contact:
Róisín Pillay, ICJ Europe Programme Director, t: +32 2 734 84 46 ; e: roisin.pillay(a)icj.org
Massimo Frigo, ICJ Legal Adviser, t: +41 22 979 3805 ; e: massimo.frigo(a)icj.org
Europe-Transnational Injustices-Publications-Reports-Thematic reports-2017-ENG (Full report in English, PDF)
Europe-Transnational Injustices-Publications-Reports-Thematic reports-2017-RUS (Full report in Russian, PDF)
Europe-Transnational Injustices-ExecSummary-Publications-Reports-Thematic reports-2017-ENG (Executive Summary in English, PDF)
Europe-Translational Injustices-ExecSummary-Publications-Reports-Thematic reports-2017-RUS (Executive Summary in Russian, PDF)
