Feb 12, 2013
In an open letter to the Commonwealth Secretary General Kamalesh Sharma, the ICJ is asking to change the venue of the Commonwealth Heads of Government Meeting in November 2013.
Dear Commonwealth Secretary General Kamalesh Sharma,
We, the International Commission of Jurists, enclose an open letter addressed to President Mahinda Rajapakse of Sri Lanka, signed by fifty-six eminent jurists from around the world, condemning the unlawful removal of Chief Justice Bandaranayake and expressing grave concern for the decline of rule of law and independence of the judiciary in Sri Lanka.
We urge you to follow through on your earlier statements and consider changing the venue of the 2013 Commonwealth Heads of Government Meeting as part of the commitment to advance and strengthen adherence to the Commonwealth’s oft-stated values and Principles pertaining to the rule of law.
Removing the Chief Justice through a process declared unconstitutional by the apex court and in contravention of international standards on the independence of the judiciary goes directly against the core principles enunciated in the Singapore Declaration 1971, the Harare Declaration 1991 and the Latimer House Principles on the Three Branches of Government 2003; it flies in the face of the Commonwealth values of promoting and protecting democracy, the rule of law and the independence of the judiciary.
We recall your statement that ‘The Commonwealth’s Latimer House Principle, which govern the relationship between the three branches of government, are the cornerstone of our association’s values.’
The unlawful impeachment process marks a serious acceleration of the general and serious decline in respect for human rights and the rule of law in Sri Lanka, as documented recently in our report Authority without Accountability.
These developments are all the more alarming given the ongoing failure of the Sri Lankan government to respond to domestic and international demands for accountability for serious human rights violations in the country.
In the present climate, allowing Sri Lanka to host the Commonwealth Heads of Government meeting in November 2013 would raise serious questions about the Commonwealth’s commitment to democracy, the independence of the judiciary and the rule of law.
Please do not hesitate to contact us if you have any queries or comments. We thank you in advance for your sensitivity to this important matter.
Sincerely
Wilder Tayler
Secretary-General
The International Commission of Jurists
Feb 1, 2013 | Communiqués de presse, Nouvelles, Publications, Rapports
Dans un nouveau rapport, la CIJ appelle les autorités, en particulier l’Assemblée nationale constituante, à élaborer et adopter une constitution qui tienne compte de l’emsemble des points de vue du peuple tunisien et adhère aux droits et normes internationales.
Publié aujourd’hui, le rapport intitulé Renforcer l’Etat de droit et garantir les droits de l’Homme dans la Constitution – Un rapport sur le processus de réforme constitutionnelle en Tunisie.
Il analyse le processus de réforme constitutionnelle en Tunisie et propose des recommandations pour des réformes juridiques et institutionnelles visant à assurer une Constitution qui reflète le droit et les normes internationales.
Contact
Said Benarbia, Conseiller juridique à la CIJ pour le programme sur le Moyen Orient et l’Afrique du nord, m: 216 21 765 152, e-mail: said.benarbia(a)icj.org
Tunisie-Rapport Constitution-publications-2013-FRA (Rapport complet en PDF)
Credit photo: © Copyright Remi OCHLIK/IP3
Feb 1, 2013
In a new report, the ICJ calls on the authorities, especially the National Constituent Assembly, to elaborate and adopt a constitution that takes account of the full range of views of the Tunisian people and adheres to international law and standards.
Released today, the report, Enhancing the Rule of Law and guaranteeing human rights in the Constitution, comes as the ICJ concludes a high-level mission to Tunisia. It analyzes the constitutional reform process in Tunisia and sets out recommendations for legal and institutional reforms aimed to ensure a Constitution that reflects international law and standards.
Through its report, the ICJ calls for the Constitution to be amended to: fully guarantee the separation of powers; ensure the accountability of the security services and armed forces and their subordination to a civilian authority; bring the judicial system in line with international standards of independence, impartiality and accountability; end the use of military courts to try civilians and cases involving human rights violations; incorporate a comprehensive Bill of Rights; recognize the right to life as an absolute right, and abolish the death penalty; and provide effective mechanisms for the protection of human rights and ensuring the right to a remedy.
“The constitution-making process has been clear, certain and transparent, representing a clean break from the practices and policies of President Ben Ali’s regime,” said Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme. “However, while the draft Constitution broadens the separation of powers and human rights provisions of the 1959 Constitution, it should be comprehensively amended to reflect international law and standards and to meet the democratic aspirations of the Tunisian people expressed during the uprising.”
The ICJ mission (27 January – 2 February 2013), led by ICJ Commissioners Justice José Antonio Martín Pallín and Dr. Gustavo Gallón, met with the President of the NCA, Mustafa Ben Jaafar, the Minister of Human Rights and Transitional Justice, Samir Dilou, the Minister in charge of relations with the NCA, Abderrazak Kilani, the respective Presidents of the NCA Committee on Rights and Freedoms, Farida Labidi, and the Committee on Ordinary, Administrative, Financial and Constitutional Justice, Fadhel Moussa, as well as high-ranking officials from the Ministry of Justice. The delegation also met with the President of the Bar Association, Monsieur Chawki Tabib, members of the judiciary and the legal community and civil society.
Contact:
Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, m: 216 21 765 152, e-mail: said.benarbia(at)icj.org
Tunisia-Constitution report-publications-2013 (full report, in pdf)
Tunisie-Rapport Constitution-press release-2013-FRA (full text, in pdf)
Tunisie-Rapport Constitution-publications-2013-FRA (full report, in pdf)
Photo credit: © Copyright Remi OCHLIK/IP3
Jan 30, 2013 | News
The Nepali government must ensure that the case of the 2004 killing of journalist Dekendra Thapa (photo) can proceed without further political interference, the ICJ said today.
“Political interference into an ongoing criminal investigation constitutes a fundamental attack on the rule of law in Nepal,” said Frederick Rawski, ICJ Nepal Country Representative. “The Government must ensure that there are no further attempts to subvert the course of justice.”
On 11 January, Nepal’s Attorney General, Mukti Pradhan, sent a written instruction to the local police and prosecutor not to move forward with the investigation and prosecution.
In response to a petition challenging the instruction, on 16 January, the Supreme Court ordered both Prime Minister Baburam Bhattarai and the Attorney General not to intervene in the ongoing investigation.
The Home Ministry subsequently ordered the transfer of officials involved in the investigation, and the Prime Minister himself has made public statements calling for the suspects to be released pending the much-delayed formation of a promised truth commission.
“It is now the obligation of the justice system to ensure due process and the right to a fair trial,” Rawski added. “This is an opportunity for Nepal to illustrate the political will exists to address past human rights violations, and that the country’s judiciary can provide justice for the victims while protecting the rights of the defendants.”
Dekendra Thapa was allegedly tortured and buried alive by Maoist cadres in 2004 during the country’s decade-long civil war, which ended in 2006.
The case was finally submitted to a District Court yesterday (January 28, 2013) by the District Attorney of Dailekh in Mid-Western Nepal. The Dailekh District Attorney has charged nine people alleged to be involved.
Five of the suspects have been arrested and produced before the district court.
“Dekendra Thapa was one of the thousands of civilians whose deaths have gone without proper explanation or justice,” said Rawski. “Thanks to the courageous decision of the local authorities to proceed with this case, there is now an opportunity for the Nepali justice system to begin answering the demands for justice.”
Contact:
In Kathmandu, Frederick Rawski, ICJ Nepal Country Representative : t +977-984-959-7681
In Bangkok, Sam Zarifi, ICJ’s Asia Director: t +66-807-819-002
Photo credit: Dhurba Basnet
Jan 23, 2013
Today, senior judges and eminent jurists from around the world joined together, calling on the Government of Sri Lanka to reinstate the legal Chief Justice Dr Shirani Bandaranayake.
An open letter issued by the Centre for the Independence of Judges and Lawyers of the International Commission of Jurists (ICJ) was sent to the Honorable Speaker of Parliament Chamal Rajapakse and H.E. President Mahinda Rajapakse, condemning the removal of Chief Justice Dr Shirani Bandaranayake as unconstitutional and in contravention of international standards on judicial independence.
The letter emphasized that an independent and impartial judiciary is essential for the protection of human rights, the rule of law, good governance and democracy.
It says: “The irremovability of judges is a main pillar of judicial independence. Judges may be removed only in the most exceptional cases involving serious misconduct or incapacity. And in such exceptional circumstances, any removal process must comport with international standards of due process and fair trial, including the right to an independent review of the decision.”
The impeachment process, and subsequent removal of the legal Chief Justice disregarded international standards of judicial independence and minimum guarantees of due process and fair trial.
“The Rajapakse Government has brought Sri Lanka on the path toward authoritarian rule, dismantling the system of checks and balances and eviscerating judicial independence,” said Wilder Tayler, ICJ Secretary General.
The Government’s conduct is a flagrant violation of the core values of the Commonwealth of Nations, notably the Latimer House Principles on the Three Branches of Government 2003.
The Latimer House Principles require the State to uphold the rule of law by protecting judicial independence and maintaining mutual respect and cooperation between Parliament and the Judiciary.
The Commonwealth Magistrates’ and Judges’ Association endorsed the letter.
In recent days, lawyers and advocates, opposing the impeachment have allegedly been sent threatening letters from a group identified as the Patriotic Taskforce.
The group has targeted the lawyers as traitors. Civil society groups have also been targeted in smear campaigns in the media. The Chief Justice has voiced concern for her and her family’s safety, calling on the international media to “…look after the three of us.”
“Sri Lanka must act immediately to guarantee the security of persons who have been the subject of threats or intimidation and must initiate prompt, thorough and impartial investigations into such allegations,” Tayler added.
The ICJ’s Centre for the Independence of Judges and Lawyers and the undersigned jurists urge H.E. President Mahinda Rajapakse and Speaker of Parliament Chamal Rajapakse to act immediately to restore the independence of the judiciary by reinstating the legal Chief justice Dr. Shirani Bandaranayake.
CONTACT:
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t: +66(0) 807819002; sam.zarifi(at)icj.org
Sheila Varadan, ICJ Legal Advisor, South Asia Programme, (Bangkok), t: +66 857200723; sheila.varadan(at)icj.org
Sri Lanka-ICJ Open letter impeachment Chief Justice-openletters-2012 (full text in pdf)
