Sep 19, 2016 | Advocacy, Non-legal submissions
The ICJ today expressed concern at the UN for the independence of the judiciary, human rights, and the rule of law in Turkey, highlighting measures taken by the government, almost immediately after a failed coup in July, to suspend or dismiss thousands of judges and prosecutors.
The statement, which was delivered in General Debate on country situations, at the UN Human Rights Council in Geneva.
The statement read as follows:
The International Commission of Jurists (ICJ) wishes to draw the Council’s attention to the crisis of the rule of law in Turkey, and its serious consequences for the protection of human rights.
Within hours of the failed coup attempt in July, the Government initiated a purge of the judiciary on an unprecedented scale.
At least 3,300 judges and prosecutors have been dismissed or suspended, and hundreds have been arrested, including members of the High Council for Judges and Prosecutors.
Many of these measures appear to be arbitrary and fail to respect the right to a fair hearing before an independent authority.
These actions have done severe damage to the already fragile independence of the judiciary in Turkey, and threaten the right to a fair trial.
They represent a dramatic escalation of the attack on judicial independence that was already underway before the attempted coup, documented in an ICJ report published in June.
State-of-emergency decrees further undermine protection of human rights.
Periods for pre-trial detention have been extended and detainees’ confidential access to lawyers has been restricted. There are credible reports of ill-treatment of detainees, and of harassment of lawyers representing them.
The ICJ recalls that certain rights, including the prohibition on torture or other ill-treatment, and essential elements of the prohibition of arbitrary detention and right to a fair trial by an impartial tribunal, can never be derogated from, even in the most serious states of emergency.
The ICJ urges Turkey to take measures to restore the rule of law and ensure respect for human rights under the state of emergency.
The statement may be downloaded in PDF format here: hrc33-oralstatement-gditem4-turkey-2016
Aug 16, 2016 | Comunicados de prensa, Noticias
Las organizaciones internacionales que suscriben este comunicado expresan su consternación ante el allanamiento de la residencia del abogado y defensor guatemalteco de los derechos humanos, Ramón Cadena, Director en Centroamérica de la CIJ.
Aug 11, 2016 | News
The ICJ today urged President Duterte to respect the judiciary’s institutional independence and allow it to conduct its work, particularly in disciplining its own judges, without external influence or undue interference.
This week, President Duterte publicly released a list of public officers, including judges, who are allegedly involved in the illegal drugs trade. In response, on 9 August 2016, Chief Justice Maria Lourdes Sereno wrote to President Duterte noting that it is the responsibility of the judicial branch to discipline judges.
In her letter, the Chief Justice also stated that the disciplining of judges should be done without compromising the independence of the judiciary.
In response, President Duterte warned Chief Justice Sereno not to set off a “constitutional crisis”, saying that he may “order” the executive department not to “honor” the judiciary.
According to the UN Basic Principles on the Independence of the Judiciary and the UN Special Rapporteur on the independence of judges and lawyers, the body responsible for the discipline of judges should be independent of the executive and composed mainly (if not solely) of judges and members of the legal profession.
The ICJ therefore calls for the Supreme Court of the Philippines to be free to establish and employ its established mechanisms to discipline its own judges, in full respect for procedural guarantees.
On a related issue, the ICJ is now in the Philippines to speak to lawmakers regarding a proposal to re-introduce the death penalty and its concerns regarding the recent spate of extrajudicial killings in the country.
The organization has previously written to President Duterte regarding its concerns on the proposal to re-introduce the death penalty and the rising number of deaths of people who are alleged to be involved in the illegal drug trade.
“The proposed reintroduction of the death penalty, the spate of extrajudicial killings, and the fervor currently exhibited by President Duterte in going after allegedly corrupt members of the judiciary are directly linked to his zeal to address a perceived widespread drug menace in the country,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific.
The ICJ strongly urges President Duterte to focus his efforts in strengthening key institutions such as the judiciary so that they can be strong allies in his efforts to address crime in the country.
Contact:
Emerlynne Gil, ICJ’s Senior International Legal Adviser, t +66 840923575 ; e: emerlynne.gil(a)icj.org
Picture: Sam Zarifi and Emerlynne Gil with Congressman Edcel Lagman (in the center), the main proponent of the law that abolished the death penalty in the Philippines in the past. He is now leading the charge in the House of Representative to try to defeat the proposal to reimpose the death penalty.
Aug 8, 2016 | News
The ICJ has deplored a suicide attack at a hospital in Quetta, which killed dozens of people today, in the deadliest attack ever on lawyers in Pakistan and among the worst anywhere.
Many of those killed were lawyers, who had been gathered at a hospital in Quetta following the killing of former president of the Balochistan Bar Association, Bilal Anwar Kasi, in a shooting incident earlier in the day.
“This attack targeted mostly lawyers and intellectuals (many of them from the Pashtun community) who had gathered at the hospital to mourn the loss of one of their own,” said Sam Zarifi, ICJ’s Asia Director.
“As such, it constituted a serious loss for the legal community and increases existing pressure on the independence of the bar.”
The ICJ calls on the Pakistani Government to conduct an immediate, impartial and thorough investigation into the attack and to bring those responsible to justice, including anyone who ordered or was otherwise complicit the crime.
The ICJ also urges the Government to take urgent measures to guarantee the security of lawyers, which should include effective measures of protection against attempts on their lives and lives of their family members.
The UN Basic Principles on the Role of Lawyers affirm that“[w]here the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.”
“If lawyers are under constant fear of violence, they cannot ensure the functioning of an independent and impartial legal profession – an indispensible requirement for rule of law,” Zarifi added.
Contact:
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Reema Omer, ICJ International Legal Adviser for Pakistan (London), t: +44 7889565691; e: reema.omer(a)icj.org
Jun 25, 2016 | Advocacy
The ICJ today published a General Guidance aimed at assisting judges and others in the justice sector to effectively incorporate a gender perspective in their work.
The General Guidance is especially significant as it reaffirms that customs and traditions should not be invoked to justify discrimination against women.
The Bangkok General Guidance for Judges in Applying a Gender Perspective was discussed and adopted by judges from Philippines, Thailand, Timor Leste, and Indonesia, at a gathering in Bangkok from 24 to 25 June 2016, hosted by the ICJ and UN Women.
During the workshop, judges from the four Southeast Asian countries deliberated extensively how best to assist judges in employing a gender perspective in deciding cases before them.
“The Bangkok General Guidance can make a powerful contribution towards achieving gender equality under the law in Southeast Asia,” said Sam Zarifi, Regional Director for Asia and the Pacific at the ICJ. “It is crucial that judges now work to implement this General Guidance in their home countries.”
The idea to initiate the development of th Bangkok General Guidance emerged from the ASEAN Regional Dialogue on Judging with a Gender Perspective, which was held in Jakarta, Indonesia in 2015.
The Supreme Court of the Philippines offered to take the lead on the project during that regional judicial dialogue.
“Women have a right to equal treatment and equal protection and non-discrimination under the law. It is our responsibility as judges to ensure that women receive equal treatment in law and in practice,” said Justice Teresita de Castro of the Supreme Court of the Philippines.
Judges attended several sessions over the course of the two-day workshop, participating in exercises focused on identifying and addressing gender stereotypes.
“Women in the region face many obstacles in accessing justice,” said Roberta Clarke, Regional Director for Asia and the Pacific at UN Women.
“But judges may be either unaware of these issues or unsure how to address these issues through the legal process,” she added.
The Bangkok General Guidance will make judges aware of means to consider evidence without resorting to gender stereotypes and decide cases based on the principle of equality recognized under international human rights standards, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
Recommendations for institutional policies that should be adopted by courts to help them become more gender sensitive and gender responsive are also set out in the General Guidance.
Contact:
Emerlynne Gil, Senior International Legal Adviser for Southeast Asia, t: +66840923575 ; e: emerlynne.gil@icj.org
Southeast Asia-Bangkok-Guidance-Advocacy-2016-ENG (full PDF, in English)
Southeast Asia-Bangkok-Guidance-Advocacy-2016-BUR (full PDF, in Burmese)
Southeast Asia-Bangkok-Guidance-Advocacy-2016-MON (full PDF, in Mon language)
Southeast Asia-Bangkok-Guidance-Advocacy-2016-SHAN (full PDF, in Shan language)
