Jun 2, 2016
In a briefing paper issued today, the ICJ raises concerns at measures eroding the independence of the judiciary, prosecution, and legal profession in Turkey, with serious consequences for protection of human rights.
The briefing paper Turkey: the Judicial System in Peril follows a research mission by the ICJ in December 2015.
It analyses developments in law and practice that have affected the independence of both the governing institutions of the judiciary and prosecution, and the security of tenure and independence of individual judges in practice. In particular:
- the independence of the High Council for Judges and Prosecutors (HSYK), the governing body of the judiciary, from executive influence has been substantially diminished;
- punitive measures against judges who act contrary to the putative interests of the executive have chilled the climate for independent exercise of the judicial function;
- prosecutions and dismissals of prosecutors, apparently related to their decisions in sensitive cases, have a damaging effect on autonomous decision making in the prosecution service; and
- attacks on and threats to lawyers, in particular those engaged in the defence of human rights, have further compounded the problems in the justice system.
The briefing paper makes recommendations for action to address these developments.
It urges the executive and legislative authorities to refrain from all actions and rhetoric contrary to the separation of powers, and emphasises the need to protect the safety of lawyers and other human rights defenders, and to undertake a prompt, thorough and independent investigation into the killing of the President of the Diyarbakir Bar Association, Tahir Elçi.
Turkey-Judiciary in Peril-Publications-Reports-Fact Findings Mission Reports-2016-ENG (full report in PDF)
May 12, 2016 | News
The ICJ is concerned at the reported resignations of federal judges in the Chechen Republic of the Russian Federation following apparent pressure by the acting Head of the Republic Ramzan Kadyrov who had suggested that resignation would be the “most correct decision of their lives”.
The ICJ considers these statements, which appear to have led directly to the resignations of federal judges, to be inappropriate interference with the functioning and independence of the judiciary.
The ICJ calls on the Russian Federation judicial authorities to take all measures within their power to ensure that all judges’ security of tenure is preserved and that any allegations of misconduct are addressed through appropriate disciplinary proceedings that respect the right to a fair hearing.
The ICJ further calls on the executive authorities to refrain from any comments which may undermine the independence of the judiciary.
On 5 May, Ramzan Kadyrov, currently acting Head of the Chechen Republic, recommended that several named judges should step down.
In his post on social media, Kadyrov identified as problems unfair decisions of courts, procrastination in criminal cases, decisions regarding housing and inconsistent decisions.
He mentioned that although examples of such decisions were sporadic, they did not help build trust in the judiciary.
He then recommended that the President of the Supreme Court of the Chechen Republic, Magomed Karatayev (photo) and three other judges, Takhir Murdalov, Sulyan Yandarov and Zayndi Khusainov, should resign “if they had a notion of honour and professional ethics”.
It was reported that two judges of the Urus-Martan City Court and Grozny District Court, Sulyan Yandarov and Zayndi Khusainov, submitted their resignations on the same day.
The President of the Supreme Court of Chechnya, Magomed Karatayev, and his deputy Takhir Murdalov, are reported to have already filed a request for resignation.
The resignations, apparently in direct response to criticism by the executive, undermine the separation of powers and the independence of the judiciary in the Russian Federation.
Under international law, including the right to a fair trial protected, inter alia, by Article 6 of the European Convention on Human Rights and Article 14 of the International Covenant on Civil and Political Rights, the independence of the judiciary must be guaranteed.
The UN Basic Principles on Independence of the Judiciary enshrines “the duty of all governmental and other institutions to respect and observe the independence of the judiciary” and provides the judiciary shall not be subject to “any restrictions, improper influences…pressures, threats or interferences, direct or indirect from any quarter or for any reason.”
While judges have an obligation to adhere to judicial ethics and should be held accountable for professional misconduct, the representatives of the executive must refrain from statements which jeopardize the independence of the judiciary.
The Council of Europe’s Recommendation on judges specifies that “the executive and legislative powers should avoid criticism that would undermine the independence of or public confidence in the judiciary.”
Public pressure from the executive on judges to resign can nullify the security of tenure of judges protected under national and international law and standards.
According to Principle 12 of the Basic Principles on the Independence of the Judiciary, “[j]udges, whether appointed or elected, shall have guaranteed tenure until a mandatory retirement age or the expiry of their term of office, where such exists.”
Under international standards, allegations of misconduct against judges should be dealt with by the self-governing institutions of the judiciary, through fair disciplinary procedures.
Under the Basic Principles, the only basis for removal of judges is “incapacity or behaviour that renders them unfit to discharge their duties.
The comments by Ramzan Kadyrov also run contrary to the legislation of the Russian Federation, which spells out in detail the procedure for disciplinary measures against judges in case of alleged professional misconduct.
RUSSIA-Chechen judges statement-News-web story-2016-RUS (full text in Russian, PDF)
May 11, 2016 | Artículos, Noticias
En los días pasados, el juez Miguel Ángel Gálvez ha sido víctima de amenazas que pretenden intimidarlo en su función de administración de la justicia.
La CIJ expresa su repudio ante cualquier tipo de presión en contra de operadores de justicia independientes y honestos.
Estas presiones no solamente amenazan la integridad física del juez Gálvez, sino también el trabajo valioso que realiza administrando justicia en casos de alto impacto.
Según los Principios Básicos de las Naciones Unidas Relativos a la Independencia de la Judicatura, no se permitirán intromisiones indebidas o injustificadas en los procesos judiciales.
Es esencial que los jueces puedan resolver los casos que conozcan con imparcialidad y sin restricción alguna.
La CIJ demanda que el Estado investigue estos actos intimidatorios y tome medidas efectivas de protección, para garantizar la seguridad física del juez Miguel Ángel Gálvez.
Ramón Cadena, Director de la CIJ para Centroamérica expresó: “Urgimos a las autoridades del Estado y en particular al Organismo Judicial a tomar medidas adecuadas para evitar que las y los jueces independientes resulten afectados por este tipo de intimidaciones y que se respete la integridad física y la independencia del juez Miguel Ángel Galvez.”
May 10, 2016 | News
The ICJ today called on the Egyptian authorities to immediately release human rights lawyer Malek Adly and to drop all charges against him. He was arrested on Thursday 5 May 2016, pursuant to an arrest warrant.
Malek Adly has been charged with a number of offences, including “attempting to overthrow the regime,” “spreading false rumors,” and “using force against a public servant.”
The Prosecuting authorities have not provided information on specific behaviour that would constitute criminal conduct.
The ICJ is concerned that the charges may be in retaliation for Malek Adly’s work as a lawyer and human rights defender, and are aimed to chill him and others from engaging in work perceived as threatening to or disfavoured by Egyptian authorities.
They came at the backdrop of his work as a human rights lawyer, his critical views on the rule of law situation in Egypt, and his legitimate and peaceful exercise of freedom of expression and assembly in opposing transferring the sovereignty of Tiran and Sanafir islands from Egypt to Saudi Arabia, the ICJ says.
“Malek Adly’s arrest, detention and prosecution for carrying out his work as a lawyer and human rights defender and for peacefully expressing his views is yet another attempt by the Egyptian regime to muzzle lawyers, the last line of defence for victims of human rights violations in Egypt,” said Said Benarbia, Director of the ICJ Middle East and North Africa Programme.
“The regime’s crackdown on fundamental rights and freedoms has been worryingly extended to the very lawyers whose role is to challenge and protect against such crackdown,” he added.
Over the last three years, the ICJ has documented numerous cases of lawyers who have been subjected to human rights violations and reprisals in relation to the representation of their clients.
These include the cases lawyers Imam Afifi and Karim Hamdi who were allegedly subjected to torture and subsequently died while in police custody.
International standards aiming to safeguard the role of lawyers provide that States have a duty to ensure that lawyers are able to perform their functions “without intimidation, hindrance, harassment or improper interference” and that lawyers must not be subject to prosecution or other sanction for carrying out their professional responsibilities, the Geneva-based organization reminds.
International standards on human rights defenders require States protect human rights defenders from attacks, threats, retaliation and arbitrary action.
The Egypt 2014 Constitution guarantees the “independence of the lawyer’s profession and the protection of its interests as a guarantee to protecting the right to defence”. In addition, it prohibits the arrest of a lawyer while he or she is exercising the right to defence, except in flagrante delicto crimes.
“The Egyptian authorities must live up to their obligations under the Constitution and international law and put an immediate end to their attacks against lawyers,” concluded Benarbia.
Contact
Nader Diab, Associate Legal Adviser of the ICJ Middle East and North Africa Programme, t: +216 51727023; e: nader.diab(a)icj.org
Egypt-HR Lawyer MalekAdly-News-Press Releases-2016-ARA (full text in Arabic, PDF)
May 6, 2016
The ICJ, Lawyers’ Rights Watch Canada (LRWC) and Lawyers for Lawyers (L4L), wrote a joint-letter today to the Lawyers Council of Thailand (LCT) – the country’s representative body of lawyers – expressing concern over two cases of intimidation and harassment against human rights lawyers.
Lawyers, Sirikan Charoensiri (photo) and Benjarat Meethien, both face criminal proceedings – seemingly as a result of the legal representation they have provided in so-called ‘political’ cases.
The letter draws attention to the UN Basic Principles on the Role of Lawyers which specifically call on governments to ensure that lawyers are protected from ‘intimidation, harassment or improper interference’ (Principle 16).
It also reminds the LCT of their express mandate to ‘promote the unity and integrity of the Members; and promote and manage [their] welfare’.
The ICJ, LRWC and L4L urgently called on the LCT to take action and investigate the circumstances in these cases.
Thailand-Letter to LCT-Advocacy-Open letters-2016-ENG (full text in PDF, English)
Thailand-Letter to LCT-Advocacy-Open letters-2016-THA (full text in PDF, Thai)
