Egypt’s transition: a fundamentally flawed process
In a position paper published today, the ICJ sets out its concerns about measures taken by the transitional authorities in Egypt, in particular the Supreme Council of Armed Forces (SCAF).
ICJ position paper on the situation in Egypt – July 2012
This paper addresses the deteriorating Rule of Law and human rights situation in Egypt.
Major examples of this situation include the consolidation of the powers of the Supreme Council of Armed Forces (SCAF), free from any civilian oversight, the control of the SCAF over the constitution-making process, the de facto extension of the 30-year state of emergency through the expansion of military power and the military justice system, and the continuation of widespread human rights violations under the rule of the SCAF.
Egypt HR situation Position Paper 2012 (download in English)
Suriname: independent observation mission to the trial of President Desiré Delano Bouterse
The purpose of the mission, which took place between 8 and 12 May 2012, was to observe the trial of President Bouterse and 24 Others by a Military Court in Boxel, Suriname, and surrounding context.
This is a report from an independent trial observation mission carried out by the International Commission of Jurists (ICJ), based in Geneva, Switzerland. The purpose of the mission, which took place between 8 and 12 May 2012, was to observe the trial of President Bouterse and 24 Others by a Military Court in Boxel, Suriname, and surrounding context.
In accordance with rigorous methods of assessment, the ICJ independent trial observer, a lawyer/academic of British nationality, made an assessment of the social and political context in which the trial has been taking place. Based on numerous interviews and separate, independent sources of information, it gradually became clear that the atmosphere in the country had a certain bearing on the trial. This atmosphere certainly had positive dimensions, but there were also aspects of concern. Following a brief summary of the judgement, the ICJ evaluated the Court’s judgement handed down on 11 May 2012, in order to assess compliance with judicial guarantees of fair trial and due process, in accordance with internationally recognised standards. The ICJ also considered the procedural implications and associated human rights consequences of the judgement itself.
Finally, in light of the ICJ’s assessment of facts, and its legal assessment of the 11 May 2012 judgement, the ICJ offers conclusions, as well as recommendations to the Government of Suriname, the Judiciary, the media and diplomatic delegations.
Suriname-trial Bouterse 1982 executions-trial observation report-2012 (full text, PDF)
Suspension of Judges in Zambia
The ICJ has learnt of the suspension of His Lordships Justices Philip Musonda, Judge of the Supreme Court of Zambia together with judges Charles Kajimanga and Nigel Mutuna of the High Court of Zambia with the possibility of having them removed as Judges of the Courts.
The ICJ notes that these judges are very senior judges of the bench whose integrity and dignity has not been questioned before.
The ICJ also notes that the President acting on advice given to him has appointed a Tribunal to enquire and determine the suitability of the three judges to continue sitting in the bench.
Deputy Director of the ICJ-Africa Programme, Martin Masiga said: “While the ICJ may not be opposed to legitimate expression of judicial accountability, such exercises must observe due process as required by both the international and municipal regimes of law on judicial independence and the Rule of Law. One would recommend, therefore, that the constitutional procedure be followed in Zambia.”
The ICJ believes that indeed, judges and other judicial officers as servants of the public are, like all other institutions of the State subject to the law, the Rule of Law in particular, and should exercise their judicial functions in accordance with the dictates of the law and their just conscience.
The ICJ hopes that due process and constitutional guarantees in accordance with the laws of Zambia will be followed to ensure that the process is consistent with fairness and that process is not used to undermine the independence of the Judiciary in the Republic of Zambia, as has been the case is some jurisdictions with the region.
The ICJ will, therefore, closely monitoring the situation and developments and will, if necessary, engage all stakeholders to assist in ensuring a fair, speedy and satisfactory resolution of the matter.
Zambia-Mission-Publications-Reports-Mission reports-2012-ENG (ICJ Mission report in Zambia, in PDF)
Venezuela: profunda preocupación por la continuada detención preventiva de la juez María Lourdes Afiuni y el hostigamiento de sus abogados
La CIJ y el Observatorio expresaron su preocupación común por la continuada privación arbitraria de libertad de la Jueza María Lourdes Afiuni y por los actos de intimidación y amenazas contra los abogados que la defienden.
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