Jan 21, 2014 | News
The ICJ is deeply concerned by reports that the President of Nauru has prevented the island nation’s Chief Justice from returning to the country and expelled the sole Resident Magistrate in violation of international standards on the independence of the judiciary.
According to media reports, Nauru President Baron Waqa on January 19 removed Resident Magistrate Peter Law in violation of an injunction issued by Chief Justice Geoffrey Eames. Subsequently, Chief Justice Eames, who was in Australia at the time, had his visa cancelled. Both judicial officials are Australian citizens.
Australia administered Nauru as a dependent territory until 1968 and the two countries retain strong bilateral relations. Australian judges and magistrates often serve on Nauru Courts.
“Removing judges from office, without any process whatsoever, breaches clear international standards on the independence of the judiciary,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific. “It also jeopardizes the right of people in Nauru, especially those currently engaged in legal proceedings, to have a fair trial.”
Nauru is an island state in Micronesia in the South Pacific.
The ICJ’s Centre for the Independence of Judges and Lawyers (CIJL) is monitoring developments.
Contact:
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002, e-mail: sam.zarifi(a)icj.org
Craig Knowles, ICJ Media & Communications, (Bangkok), t:+66 819077653, e-mail: craig.knowles(a)icj.org
Dec 11, 2013 | News
The ICJ has now published a translation of its Practitioner’s Guide, International Principles on the Independence and Accountability of Judges, Lawyers and Prosecutors in both traditional and simplified Chinese.
This is the first comprehensive analysis of the existing standards and compilation of universal and regional instruments published in Chinese.
The Guide outlines the roles to be played by a strong legal profession, an independent judiciary and an impartial and objective prosecuting authority.
References to international decisions, reports, texts of treaties and other international standards allow the Guide to be used as a reference book by legal practitioners and policy makers.
To access and download it please click here.
Dec 6, 2013 | News
On 6 December, the ICJ concluded a trial observation mission to Kazakhstan on the case of the disbarment of lawyer Polina Zhukova.
Lawyers Lyubov Agushevich and Polina Zhukova were disbarred following disciplinary proceedings initiated by the Ministry of Justice regarding their defence of a client in court proceedings.
The alleged misconduct, which lead to the disbarment of the lawyers, included inter alia a statement of innocence of their client, submitting motions to the court, submitting requests for recusals, one lawyer “putting a question which she knew the answer to”, reading a page out of the case file, and filing a motion for an examination of the witnesses who attended the hearing.
These actions were interpreted by the presiding judge in the criminal case in which the lawyers represented the defendant as violations of professional ethics, and were later used as grounds for the termination of their licenses to practice law.
ICJ observers, Justice Ketil Lund, an ICJ Commissioner and a former Justice of the Supreme Court of Norway, and Zulfikor Zamonov, a lawyer from Tajikistan, observed the Supreme Court appeal hearing in the case on 5 December.
The Supreme Court upheld the motion of lawyer Zhukova to resume proceedings in her case and reconsider the issue of the lawfulness of her disbarment.
“The ICJ welcomes the decision to review the case against the lawyer and will continue following the case,” said Temur Shakirov, Legal Adviser of the ICJ Europe Programme.
Read also:
Disbarment proceedings against lawyers in Kazakhstan
Disciplinary action against lawyers in CIS countries: analysis of international law and standards
Contact:
Róisín Pillay, Director, ICJ Europe Programme, roisin.pillay(a)icj.org
Temur Shakirov, LegalAdviser, ICJ Europe Programme, temur.shakirov(a)icj.org
Dec 3, 2013 | Agendas, Events
The ICJ was at the Club de la Presse in Geneva for a roundtable ahead of the Fourth ICJ Geneva Forum of Judges and Lawyers. The event was live streamed.
Moderated by Leah Hoctor, Senior Legal Adviser at ICJ, the event was a unique opportunity to share the real life experiences of two African women, who have overcome the challenges of poverty and discrimination to become two of Africa’s most senior and admired judges.
Justice Yvonne Mokgoro (photo) was the first black woman judge in South Africa and a former justice of its post-apartheid Constitutional Court.
Justice Lilian Tibatemwa-Ekirikabinza is an academic leader in Uganda. She was the first Ugandan woman to qualify for an award of a Ph.D. in Law.
The Press Club event came ahead of the Fourth ICJ Geneva Forum of Judges and Lawyers on 5-6 December.
The Forum is convened annually by the ICJ’s Centre for Independence of Judges and Lawyers, bringing together legal practitioners from around the world to help safeguard the independence and impartiality of the judiciary and the legal profession.
This year’s forum promotes the role of women in the judiciary, focusing particularly on women judges and lawyers from Africa and the Middle East.
It forms part of a broader ICJ initiative on women judges, lawyers and human rights defenders as agents of change.
Watch the event here:
Dec 3, 2013 | News, Publications, Reports, Thematic reports
Lawyers continue to encounter impediments to the exercise of their professional functions and freedom of association, as well as pervasive corruption, although they have been able to act with greater independence, says the ICJ in a new report launched today.
Right to Counsel: The Independence of Lawyers in Myanmar – based on interviews with 60 lawyers in practice in the country – says authorities have significantly decreased their obstruction of, and interference in, legal processes since the country began political reforms in 2011.
“The progress made in terms of freedom of expression and respect for the legal process is very visible,” said Sam Zarifi, ICJ Asia-Pacific director. “But despite the improvements, lawyers still face heavy restrictions and attacks on their independence, which can result in uncertainty and fear, particularly when it comes to politically sensitive issues.”
Systemic corruption continues to affect every aspect of a lawyer’s career and, as a result, is never absent from lawyers’ calculations vis-à-vis legal fees, jurisdictions and overall strategy.
“Corruption is so embedded in the legal system that it is taken for granted,” Zarifi said. “When the public also generally assumes that corruption undermines the legal system, this severely weakens the notion of rule of law.”
“Lawyers in Myanmar, as elsewhere, play an indispensable role in the fair and effective administration of justice,” Zarifi added. “This is essential for the protection of human rights in the country and the establishment of an enabling environment for international cooperation towards investment and development.”
But lawyers in Myanmar lack an independent Bar Council, the report says, noting that the Myanmar Bar Council remains a government-controlled body that fails to adequately protect the interests of lawyers in the country and promote their role in the fair and effective administration of justice.
The ICJ report shows that other multiple long-standing and systemic problems affect the independence of lawyers, including the poor state of legal education and improper interferences on the process of licensing of lawyers.
In its report, which presents a snapshot of the independence of lawyers in private practice in Myanmar in light of international standards and in the context of the country’s rapid and on-going transition, the ICJ makes a series of recommendations:
- The Union Attorney-General and Union Parliament should significantly reform the Bar Council to ensure its independence;
- The Union Attorney-General and Union Parliament should create a specialized, independent mechanism mandated with the prompt and effective criminal investigation of allegations of corruption;
- The Ministry of Education should, in consultation with the legal profession, commit to improving legal education in Myanmar by bolstering standards of admission to law school, law school curricula, and instruction and assessment of students.
Contact:
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002 e-mail: sam.zarifi(a)icj.org
Craig Knowles, ICJ Media & Communications, (Bangkok), t:+66 819077653, e-mail: knocraig(a)gmail.com
Myanmar-Right to Counsel-publications-report-2013-ENG (download full text in pdf)
MYANMAR-Right to Counsel-Publications-report-2015-BUR (Burmese version in pdf)
