Mar 22, 2018 | News
The ICJ has been awarded a grant from the Royal Norwegian Embassy in Mexico to continue its work in the area of independence of the judiciary in Guatemala.
This initiative titled “Strengthening the rule of law in Guatemala, Phase II” aims to strengthen domestic compliance with, and implementation of, international standards providing for judicial independence through the training of judges, raising awareness on this topic, as well as providing support to judges at risk.
The ICJ will be working together with the Mayan Association of Lawyers and Notaires of Guatemala as a partner in this action, through a sub grant of 1,622,801 NOK.
Guatemala-Grant Agreement with Norway-2018-ENG (full grant agreement, in PDF)
Mar 13, 2018 | Agendas, Events, Human Rights Council, News, Work with the UN
This side event to the 37th Session of the United Nations Human Rights Council takes place on Friday, 16 March 2018, from 12.00 to 13.30, Room XXVII, Palais des Nations, Geneva. It is co-sponsored by the ICJ.
Peruvian and international human rights organizations join forces in international forums such as the UN Human Rights Council to debate the impact of the pardon and grace granted to Alberto Fujimori on the rights to truth, justice and reparation of the victims of grave human rights violations, and full compliance with Peru´s international human rights obligations.
Moderator
- Mr. Carlos Lopez – Senior Legal Adviser, International Commission of Jurists
Panelists
- Mr. Jorge Bracamonte – Executive Secretary, National Humans Rights Coordinator Peru
- Ms. Carmen Rosa Amaro Condor – Human rights activist, sister of Armando Amaro
Condor, student murdered and disappeared in “La Cantuta” massacre
- Mr. Joel Jabiles – Advocacy and Campaigns Coordinator, Amnesty International
Follow the event on Facebook Live at @ridhglobal
Language: English and Spanish – light refreshments will be served as of 11 :50
Mar 13, 2018 | Uncategorized
Este evento paralelo – 37º período de sesiones, Consejo de Derechos Humanos, ONU – tendrá lugar el Viernes, 16 de marzo de 2018, 1200 m-1330, Sala XXVII, Palacio de las Naciones, Ginebra, con el apoyo de la CIJ.
Organizaciones peruanas e internacionales de derechos humanos unen fuerzas en foros internacionales como el Consejo de Derechos Humanos de la ONU para debatir el impacto del indulto y la gracia otorgadas a Alberto Fujimori sobre los derechos a la verdad, justicia y reparación de las víctimas de graves violaciones a los derechos humanos, y el pleno cumplimiento de las obligaciones internacionales de derechos humanos de Perú.
Moderador
- Sr. Carlos López – Asesor Legal Principal, Comisión Internacional de Juristas
Panelistas
- Sr. Jorge Bracamonte – Secretario Ejecutivo, Coordinadora Nacional de Derechos
Humanos Perú
- Sra. Carmen Rosa Amaro Condor – Activista de derechos humanos, hermana de
Armando Amaro Cóndor, estudiante asesinado y desaparecido en la masacre de “La
Cantuta”
- Sr. Joel Jabiles – Coordinador de campañas e incidencia, Amnistía Internacional
Sigue el evento en Facebook Live en @ridhglobal
Idioma: inglés y español – Se servirán refrigerios ligeros a partir de las 11:50
Mar 12, 2018 | News
As they begin the appointment process, the Tunisian authorities must ensure that selection of members of the Constitutional Court are made in compliance with international standards on the independence of the judiciary, the ICJ said today.
This must happen through an open and transparent process and based on prescribed, objective criteria of merit, integrity, and equality before the law, the ICJ adds.
The 2014 Constitution and the Organic Law no. 50 of 2015 on the establishment of the Constitutional Court provide that three bodies are responsible for appointing the 12 members of the Constitutional Court.
These are the Assembly of People’s Representatives (ARP), the High Judicial Council, and the President of the Republic, which each body appointing four out of the 12 members successively.
The Constitution and the Organic Law also provide that members must have 20 years of professional experience and nine of them should have advanced legal expertise.
Over the past three weeks, the ARP has been reviewing the candidates for the Constitutional Court and the election of first four members is due to take place in a general plenary on Tuesday, 13 March 2018.
“Ensuring that the selection and appointment of all members of the Constitutional Court is made on the basis of their legal qualifications, competence and personal integrity is absolutely necessary to the strengthening of rule of law and the protection of human rights in Tunisia” said Said Benarbia, Director of the ICJ Middle East and North Africa Programme.
“In electing the four members, the ARP should ensure that these criteria are fully met, and that the process safeguards against appointments for improper motives, including political considerations and arrangements between political groups,” he added.
The Tunisian authorities should also ensure that the composition of the Constitutional Court reflects the diversity of the community it serves, including by ensuring the equal representation of women in the Court, as well as a significant representation of minority groups.
In a previous memorandum, the ICJ has also urged the authorities to ensure that the selection process guarantees the independence of the institution and of the individual judges in compliance with international standards.
Contact
Said Benarbia, Director of the ICJ Middle East and North Africa Programme, tel: +41798783546, email: said.benarbia(a)icj.org
Background
Article 11 and 12 of Law no. 50 of 2015 provides that the election of candidates by the Parliament and the High Judicial Council shall take place through a secret ballot with the vote of a majority of two-thirds of their members. Article 13 provides that the President of the Republic appoints the last four members of the Constitutional Court.
The 2014 Constitution requires the establishment of the Constitutional Court within a year after the legislative elections. Four years later, and despite the entry into force of Law no. 50 in 2015, the Constitutional Court has not yet been established.
Tunisia-PR-Constitutional-Court-2018-ARA (Full Text in Arabic, PDF)
Mar 1, 2018 | Advocacy, Non-legal submissions
The ICJ today delivered an oral statement to the UN Human Rights Council, on attacks on lawyers and the legal profession in Turkey, Azerbaijan, Kazakhstan and China.
The statement, which was made during an interactive dialogue with the UN Special Rapporteur on human rights defenders and the UN Special Rapporteur on Torture, read as follows:
Our organizations welcome that the main report (A/HRC/37/51, para 13) and communications report (A/HRC/37/51/Add.1, e.g. paras 278-297, 431, 508-510) of the Special Rapporteur on Human Rights Defenders recognizes the role of lawyers as human rights defenders. In this regard, we would highlight the global problem of continued attacks on lawyers and threats to the independence of their profession, including for example as is well known in China (A/HRC/37/51/Add.1, paras 278-297), but also in Azerbaijan, Kazakhstan and Turkey.
In Azerbaijan, lawyers face criminal prosecution, suspension or disbarment for statements clearly constituting protected freedom of expression. The lack of independence of the Bar Association is a serious concern, even more so now that new legislation prohibits lawyers from representing clients before courts unless they become a member.
In Kazakhstan, a proposed new law threatens the independence of lawyers by providing for representatives of the executive to be included on disciplinary bodies of the legal profession, contrary to international standards.
Finally, the situation of lawyers in Turkey under the current state of emergency is of particular concern. In particular, echoing the recent statement of five UN special procedures mandate holders for his release, we expresses concern at the current detention of Taner Kılıç, lawyer and president of Amnesty International Turkey.
These arrests, trial and disbarments as well problematic legislative changes have a chilling effect on the work of lawyers. They undermine access to effective and independent legal assistance to protect human rights, in contravention of the rights of both the lawyers and their clients, including as mentioned in the report of the visit to Turkey by the Special Rapporteur on Torture (A/HRC/37/50/Add.1, paras 24, 26, 41, 63-66, 71, 101(d)(e)(h), 106(c)).
Our organizations urge the Council to address these worrying developments threatening the rule of law.
The following organizations joined the statement, in addition to the ICJ:
- International Bar Association’s Human Rights Institute (IBAHRI)
- Union Internationale des Avocats (UIA)
- Lawyers for Lawyers (L4L)
- the Law Society of England and Wales
- Lawyer’s Rights Watch Canada (LRWC), and
- the Bar Human Rights Committee of England and Wales (BHRC).
The statement can be downloaded in PDF format here: UN-HRC37-JointOralStatement-LawyersHRDsTorture-2018
