Jul 5, 2018
On 25 June, the ICJ and Human Rights Joint Platform (IHOP) filed their joint submission to the UN Committee against Torture (Committee).
The Committee will consider it during the adoption of a list of issues prior to reporting (LOIPR) for the examination of the Fifth Periodic Report of Turkey under Article 19 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).
During its 65th session, from 12 November to 7 December 2018, the Committee will prepare and adopt a LOIPR on Turkey.
Once adopted, the LOIPR will be transmitted to the State party. Turkey’s formal response to the LOIPR will then constitute its Fifth Periodic Report under article 19 of the Convention.
The ICJ and IHOP’s joint submission to the Committee highlights a number of ongoing concerns with respect to the country’s implementation of and compliance with the provisions of the CAT.
In addition, the joint submissions formulates certain questions and recommends that the Committee should include them in its LOIPR and address them to the Government of Turkey, including on the following pressing issues:
- allegations of abduction;
- immunity from prosecution for torture and cruel, inhuman or degrading treatment or punishment;
- remedies and reparations for victims of torture;
- fundamental legal safeguards and access to a lawyer;
- conditions of detention;
- civil society organizations; and
- national human rights institution and national preventive mechanism.
Turkey-LOIPR-ICJ&IHOP-June2018-final (download the submission)
Turkey-LOIPR-ICJ&IHOP-June2018-statement-ENG
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Jul 5, 2018 | Advocacy, Non-legal submissions
The ICJ today joined other NGOs in urging open discussion and debate about countries at the UN Human Rights Council in Geneva, including in discussions of cooperation, despite attempts by some States to interrupt and suppress debate.
The statement was delivered in a General Debate on items 2 and 10 of the Council, by Asian Forum for Human Rights and Development (FORUM-ASIA) on behalf of the group of NGOs. It read as follows:
“Thank you, Mr. President. While we appreciate the importance of technical cooperation, we wish to stress that a debate on technical cooperation will be incomplete if it does not address non-cooperation and country situations that have worsened despite technical cooperation. We are alarmed by efforts to restrict discussion on such situations by some states under Agenda Item 10, including for instance by (the Bolivarian Republic of) Venezuela earlier today.
While we recognise that all delegations including NGOs are required to speak on the topic under discussion, we are deeply concerned when NGOs making relevant statements are interrupted and not given a chance to explain the relevance of their statement, and in some cases are even prevented from finishing the statement. This has happened even when an NGO is speaking specifically on concerns addressed by UN reports listed for discussion in the relevant debate. Statements on Cambodia during the March session of the Council are recent examples.
The concept of international cooperation should never be invoked to shut down any criticism of human rights situations in individual countries. Cooperation cannot succeed without accountability. To be effective, debates on technical assistance and capacity building must be open to frank discussion of the true gravity, character and extent of on-going violations in the country in question, as well as the impact or lack of impact of any assistance already undertaken.
Thank You”
Asian Forum for Human Rights and Development (FORUM-ASIA)
Cairo Institute for Human Rights Studies
Conectas Direitos Humanos
Freedom House
Human Rights House Foundation
Human Rights Watch
International Commission of Jurists
International Humanist and Ethical Union (IHEU)
International Service for Human Rights (ISHR)
Jul 5, 2018 | Advocacy, Non-legal submissions
The ICJ and other NGOs today highlighted the need for the next UN High Commissioner for Human Rights to continue to maintain a strong voice and independent voice for human rights.
The statement was delivered by International Service for Human Rights (ISHR), on behalf of a number of NGOs, during a general debate at the UN Human Rights Council in Geneva. It read as follows:
“Thank you Mr. President,
We want to highlight key features for the next High Commissioner – the world’s premier human rights defender – whose mandate includes providing technical assistance and capacity building to States, as well as standing up for universal human rights and those who defend them.
The work of the next High Commissioner, and of human rights defenders more broadly, is essential to justice, fairness and dignity for all. Defenders contribute to sustainable and inclusive development. They combat corruption and the misuse of power. They promote good government, transparency and accountability. They seek to ensure that no-one gets left behind.
Despite this, around the world, defenders face mounting attacks and criminalisation for standing up to power, privilege, prejudice and profit. Their work has never been more important, nor more imperiled.
Mr President, it is in this context we say that the next UN High Commissioner needs to be a dedicated human rights defender. They need to be committed to working with and for human rights defenders; consulting and partnering with them, supporting their causes, and speaking out and protecting them when they are threatened or attacked.
The next High Commissioner needs to build strategic alliances with States, civil society, academics and business enterprises with a shared interest in human rights and the rule of law. They need to be fiercely independent, but also collaborative and capable of building influential partnerships and coalitions.
With the promotion, protection and realisation of human rights being linked to the attainment of peace, security and sustainable development, the next High Commissioner needs to be strongly supported by the UN Secretary-General and key UN agencies. Mr President, while the High Commissioner may be the UN’s premier human rights defender, it is time for the entire organisation to put human rights defenders up front.”
International Service for Human Rights
Cairo Institute for Human Rights Studies
Human Rights House Foundation
The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA)
CIVICUS
Peace Brigades International Switzerland
International Federation for Human Rights Leagues (FIDH)
Conectas Direitos Humanos
Asian Forum for Human Rights and Development (FORUM-ASIA)
West African Human Rights Networks
International Commission of Jurists (ICJ)
Jul 4, 2018 | Advocacy, Non-legal submissions
The ICJ today urged accountability for and the need to address the root causes of violations of human rights of Rohingya people in Myanmar, at the UN in Geneva.
The statement was made in an interactive dialogue with the UN High Commissioner for Human Rights, on his oral update on the situation, at the Human Rights Council.
The statement read as follows:
“The Government of Myanmar is duty-bound to investigate, prosecute and punish perpetrators of human rights violations. Yet impunity at domestic level necessitates international action: to secure criminal accountability, to provide redress and to deter repetition of crimes under international law.
In May, the government announced a new inquiry into rights violations in Rakhine State. Its mandate, composition and legal framework remain unclear – and there is no indication this will be more effective than previous national inquiries – which have not shed light on the facts, have rarely led to prosecutions and have failed to provide redress.
Justice cannot be further delayed. The International Commission of Jurists supports calls for establishing an international accountability mechanism.
It is also imperative to address the laws and practices discriminating against Rohingyas and other minorities, particularly the 1982 Citizenship Law, as recommended by the government’s Rakhine Advisory Commission.
As a UN Member State, Myanmar must fully cooperate with all UN organs. This includes allowing access to the Special Rapporteur, and permitting the UN Human Rights Office to establish in the country with a full mandate.
Quiet diplomacy and downplaying human rights concerns have failed to improve the situation for Rohingyas. UN organs and envoys present in Myanmar must engage in frank and direct dialogue with the Government about ongoing human rights violations – consistent with the UN Charter and the Human Rights Up Front initiative.
Human rights violations are the root cause of this humanitarian crisis. There can be no voluntary and sustainable return of Rohingya refugees without addressing the sources of human rights violations.
Thank you.”
Jun 29, 2018 | Advocacy, Non-legal submissions
The ICJ today highlighted Nepal’s failure to implement recommendations accepted under its Universal Periodic Review, at the United Nations.The statement was made during General Debate on the Universal Periodic Review, at the UN Human Rights Council in Geneva. The statement read as follows:
“The UPR can help ensure that States comply with international human rights standards, but only if accepted recommendations are in fact implemented. Lack of follow-up on States’ implementation after adoption of UPR outcomes allows States to disregard their UPR commitments, undermining the mechanism, as is illustrated by the example of Nepal.
More than two years after its last review, the Government has still not implemented accepted recommendations related to transitional justice and accountability for past human rights violations.
Of particular concern is the continuing failure of the Government to establish credible transitional justice mechanisms to effectively address past human rights violations.
The Truth and Reconciliation Commission and Commission on Investigation of Disappeared Persons continue to fall short of international standards, both in constitution and operation.
The recently published draft bill on transitional justice provides for short-term community service as an alternative punishment for perpetrators convicted of international crimes, including torture and enforced disappearance. Such manifestly inadequate punishment would constitute a form of impunity.
Furthermore, the establishment of a special court under the bill will not be effective unless crimes such as torture, enforced disappearance, war crimes and crimes against humanity are criminalized in national law in accordance with international standards.
The ICJ urges the Council to adopt measures to ensure effective implementation of accepted UPR recommendations.”
