May 2, 2017 | News
The ICJ today called on the Chinese government to release immediately Xie Yang, a prominent human rights lawyer who was arrested during the crackdown on human rights defenders in July 2015. Authorities have now canceled his scheduled trial without giving a reason.
He was charged on 16 December 2016 with inciting subversion of State power and disrupting court order. He is detained at an undisclosed location.
“Xie Yang’s arrest and prosecution seem to be in connection with his performing legitimate professional functions as a human rights lawyer,” said Sam Zarifi, ICJ’s Secretary General.
“No lawyer should ever be subject to persecution for carrying out their professional duties. Lawyers in China like Xie Yang are indispensable in ensuring human rights protection and upholding the rule of law in China,” he added.
Xie Yang had served as counsel of the family of Xu Chunhe, who was alleged to have been shot dead by police authorities in May 2015 in Heilongjiang Province.
He also acted as counsel for persons alleging religious persecution, alleged victims of unlawful land seizures, and outspoken critics of the government.
The ICJ emphasized that in the absence of evidence that he has committed a cognizable offence, the criminalization of which is consistent with international human rights law, Xie Yang should be immediately released.
In January 2017, the lawyers of Xie Yang alleged that he had been subjected to prolonged sleep deprivation, forced into stress position for more than 20 hours a day, verbally harassed and threatened, and subjected to regular beatings and other forms of torture and ill-treatment.
“The government should release Xie Yang immediately and conduct a prompt, thorough, and impartial investigation on the allegations that he has been subjected to torture,” Zarifi said.
The ICJ received information that Xie Yang has not been able to communicate with his lawyers ever since he reported to them his torture allegations by police authorities.
He has now been assigned State-appointed counsel.
The ICJ further called on the government to bring to justice any persons found to be responsible for the torture of Xie Yang.
Under no circumstances must any statement he may have made during his interrogation under torture or ill-treatment be admitted into evidence at his trial.
Contact:
Emerlynne Gil, ICJ’s Senior International Legal Adviser, t: +66 840923575 ; e: emerlynne.gil(a)icj.org
Additional information
Following his arrest, Xie Yang was detained for the first six months in an undisclosed location, but was subsequently transferred to the Changsa City No. 2nd Detention Center.
He was again transferred to an undisclosed location where he remains detained to this day.
The date and the reason for the transfer are unknown.
Xie Yang’s treatment comes amidst a much wider attack on lawyers and human rights defenders in China.
Since 9 July 2015, the government has launched an unprecedented nationwide crackdown – now commonly referred to as the “709 Crackdown” to mark the start of the crackdown – which resulted in the interrogation, detention, and/or criminal indictment of nearly 250 human rights lawyers and activists.
Photo credit: ChinaChange.com
May 1, 2017 | News
Today, the ICJ begins its third International Human Rights Training Programme for Lawyers from Central Asia.
The objective of this programme is to train Central Asian lawyers on application of international human rights law in criminal proceedings.
In the course of the programme, the participants will learn how to use international human rights law in national courts and to make effective use of international human rights mechanisms.
Leading international experts and practitioners will share their insights with the participants of the training programme on how to interpret key concepts of international human rights law and apply them in practice, both nationally and internationally.
The training programme is built around the study of the relevant international jurisprudence on the right to fair trial, right to liberty, freedom from torture and other ill-treatment, and associated rights, including cases originating from Central Asian region considered by UN treaty bodies, such as the UN Human Rights Committee.
“Lawyers are on the frontline of implementing international human rights law in practice, and this remains an enormous challenge in Central Asia,” said Róisín Pillay, Director of the ICJ Europe and CIS Programme.
“The programme presents a unique opportunity for lawyers from the region to meet key experts in international human rights law, officials from the UN Secretariat and other lawyers from the ICJ network, and to develop practical expertise on how to apply international human rights law in the defence of their clients,” she added.
In the course of the training programme, the participants will attend one of the meetings during the 60th session of the UN Committee Against Torture (CAT) that will take place in Geneva on 18 April–12 May 2017.
The 25 participants have been selected through a rigorous process from among 150 applications from across the region, which testifies to the growing interest of lawyers from the region in applying international human rights standards in their practice.
The ICJ is grateful to the European Union for its support of this initiative.
Download training materials in Russian:
Central Asia-Arbitrary arrest and detention-Training Modules-2017-RUS
Central Asia-CIS lawyers training-Training Modules-2017-RUS
Central Asia-Master file caselaw-GTP-Training Modules-2017-RUS
Central Asia-NRefpresMFICJ-CIS training-Training Modules-2017-RUS
Central Asia-PIL and HRL_Sassoli-Training Modules-2017-RUS
Central Asia-PPT Right to life-Training Modules-2017-RUS
Central Asia-Torture Pollard-Training Modules-2017-RUS
Apr 6, 2017
Today, the ICJ and the Guatemalan Association of Judges for Integrity, with the support of the Norwegian Association of Judges, launched two studies (in Spanish) on the state of justice in Guatemala.
The first study Judicial Independence in Guatemala evaluates judicial independence in the country, making reference both to international standards and Guatemalan law.
The study also analyses various domestic rulings related to judicial independence.
The second study Good Practices in Specialised Justice in Guatemala looks as the advances made and challenges faced by the Femicide and Major Risk Tribunals of Guatemala.
The study analyses the “Siekavizza” and “Plan de Sanchez” cases, amongst others.
Three Norwegian judges, who form part of the Norwegian Judges Human Rights Committee, attended the event.
These judges make two annual trips to Guatemala to assess the situation of judicial independence and impunity in Guatemala.
The following speakers made presentations: Guatemalan judge, Yassmín Barrios; Guatemalan Supreme Court of Justice Magistrate, Maria Eugenia Morales Aceña; Honduran Judge and ex-President of the Association of Judges for Democracy, Rubenia Galeano; vice-President of the Guatemalan Association of Judges for Integrity, Miguel Ángel Gálvez; and President of the Guatemalan Association of Judges for Integrity, Haroldo Vásquez.
La CIJ y la Asociación Guatemalteca de Jueces por la Integridad, con el apoyo de la Asociación de Jueces de Noruega, presentaron dos estudios sobre el estado actual del sistema de justicia en Guatemala.
El primer estudio La Independencia Judicial en Guatemala se centra en una evaluación de la independencia judicial en el país haciendo referencia a la normativa nacional e internacional.
El estudio lleva a cabo un análisis de sentencias nacionales relacionadas con la independencia judicial.
El segundo estudio Buenas Prácticas en la Justicia Especializada se centra en los avances y hallazgos de los Tribunales de Mayor Riesgo y los Tribunales de Femicidio.
Incluye un análisis de los casos “Siekavizza” y el “Plan de Sánchez”, entre otros.
En el foro estuvieron presentes una delegación de tres jueces Noruegos del Comité de Derechos Humanos de la Asociación de Jueces de Noruega, quienes realizan la primera de dos visitas anuales al país, para dar seguimiento a la situación de jueces independientes en Guatemala.
Además comentaron los estudios la jueza guatemalteca Yassmín Barrios; la Magistrada de la Corte Suprema de Justicia, María Eugenia Morales Aceña; el juez guatemalteco y Presidente de la Asociación Guatemalteca de Jueces por la Integridad, Haroldo Vásquez; y la jueza hondureña y Ex Presidenta de la Asociación de Jueces por la Democracia, Rubenia Galeano.
Guatemala-Independencia Judicial-Publications-Thematic reports-2016-SPA (Report in Spanish, PDF)
Guatemala-Feminicidio y Riesgo-Publications-Thematic Reports-2016-SPA (Report in Spanish, PDF)
Apr 6, 2017
La CIJ y la Asociación Guatemalteca de Jueces por la Integridad, con el apoyo de la Asociación de Jueces de Noruega, presentarán dos estudios sobre el estado actual del sistema de justicia en Guatemala.
El primer estudio La Independencia Judicial en Guatemala se centra en una evaluación de la independencia judicial en el país haciendo referencia a la normativa nacional e internacional.
El estudio lleva a cabo un análisis de sentencias nacionales relacionadas con la independencia judicial.
El segundo estudio Buenas Prácticas en la Justicia Especializada se centra en los avances y hallazgos de los Tribunales de Mayor Riesgo y los Tribunales de Femicidio.
Incluye un análisis de los casos “Siekavizza” y el “Plan de Sánchez”, entre otros.
En el foro estarán presentes una delegación de tres jueces Noruegos del Comité de Derechos Humanos de la Asociación de Jueces de Noruega, quienes realizan la primera de dos visitas anuales al país, para dar seguimiento a la situación de jueces independientes en Guatemala.
Además comentarán los estudios la jueza guatemalteca Yassmín Barrios; la Magistrada de la Corte Suprema de Justicia, María Eugenia Morales Aceña; el juez guatemalteco y Presidente de la Asociación Guatemalteca de Jueces por la Integridad, Haroldo Vásquez; y la jueza hondureña y Ex Presidenta de la Asociación de Jueces por la Democracia, Rubenia Galeano.
Guatemala-Independencia Judicial-Publications-Thematic reports-2016-SPA (informe en PDF)
Guatemala-Feminicidio y Riesgo-Publications-Thematic Reports-2016-SPA (informe en PDF)
Mar 30, 2017 | News
The ICJ today called on the Tunisian President, Beji Caid Essebsi, to refrain from signing into law amendments to the law that regulates the country’s High Judicial Council (HJC). The amendments were adopted on Tuesday 28 March 2017 by the People’s Representatives Assembly.
The ICJ also urged the Head of the Cabinet, Youssef Chahed, to act, as a matter of highest priority, on the nominations by the Instance Provisoire de la Justice Judiciaire (IPJJ) with a view to filling the positions of the First President of the Cassation Court and its General Prosecutor.
The ICJ expressed concern that the amendments revising the country’s 2016 HJC law would weaken the effective functioning of the judiciary and the administration of justice in several respects
- The amendments would strip the IPJJ President of the authority to convene the HJC’s first meeting and instead provide the President of the Parliament with such power. This would constitute an inappropriate interference of the legislative branch into the management of the judiciary in clear violation of the principle of separation of powers and judicial independence.
- The amendments would explicitly exclude any possibility of challenge or judicial review of such action of the President of the Parliament. The ICJ considers that the judiciary must be able to review such decisions to ensure that they are not exercised arbitrarily or outside the law.
- The amendments would also reduce the quorum required for the validity of HJC meetings from one-half to one-third of its members. This could lead to situations where non-judicial members of the HJC have the power to take decisions over the judiciary, in contravention of international standards.
“Instead of using legislative tactics and procedures to weaken the independence and the effective functioning of the HJC, the Tunisian Head of Cabinet should act on the IPJJ’s nominations to fill the positions of the President and the Prosecutor General of the Cassation Court as a matter of urgency, and ensure that until the HJC is properly established, the IPJJ continues to fully exercise its competencies in overseeing and managing the judiciary,” said Said Benarbia, Director of the ICJ Middle-East and North Africa (MENA) Programme.
Indeed, irrespective of the amendments, the ICJ recalls that article 148(8) of the Constitution clearly states that the IPJJ is to carry out its mandate until the seats on the HJC have been filled. This is further affirmed under article 74 of the 2016 HJC Law and article 19 of the 2013 IPJJ Law. Both of these laws make the end of the exercise of the IPJJ’s functions dependent on two conditions, namely that the HJC be fully composed and established.
The ICJ considers that the delay in acting on the IPJJ nominations of senior judges risks undermining the effective functioning of the judiciary, as well as adversely affecting the functioning of other institutions that are essential to upholding the rule of law and protecting human rights in Tunisia. The adopted amendments are no answer to this problem.
“The ongoing crisis is political and not judicial,” Benarbia said.
“Solving it does not require the introduction of legislative amendments that erode the rule of law and judicial independence, but rather the compliance with existing laws and the Constitution,” he added.
Contact
Theo Boutruche, Legal Adviser of the ICJ Middle-East and North Africa Programme, t: +33 6 42837354, e: theo.boutruche(a)icj.org
Background
The amendments were introduced and adopted amid a continuing crisis and functional paralysis of the judiciary that also impact on the effective functioning of other State institutions, including the body in charge of reviewing the conformity of laws with the Constitution.
In particular, two key positions have been left vacant as neither the First President of the Cassation Court, nor its General Prosecutor, have been appointed, and both of these positions also serve as ex officio members of the HJC.
In October 2016, elections were organized to choose the members of the HJC. A swearing-in ceremony before the President of the Republic followed in 14 December 2016, in which not all the HJC Members participated.
In November 2016, the IPJJ proposed candidates including to fill these two positions. Under the Tunisian Law, the Head of the Cabinet must confirm these nominations.
Alternatively, this official may request new nominations from the IPJJ until agreement is reached, as provided for in article 12 and 14 of the IPJJ Law No.13 of 2013. So far, the Head of the Cabinet has failed to act on the IPJJ’s nominations and uncertainty prevails as to whether the HJC has been properly established.
Under the Tunisian Constitution and laws, the President of the Cassation Court is also the President of the Instance Provisoire de Contrôle de la Constitutionnalité des Projets de Loi, the body in charge of assessing the conformity of laws with the Constitution during the transition period.
When established, the HJC will be charged with appointing four members of the Constitutional Court.
Tunisia-Statement new HJC Law-News-Web stories-2017-ARA (full story in Arabic, PDF)
