Sep 14, 2017 | Events
At a side event to the OSCE Human Dimension Implementation Meeting 2017, the ICJ will review the latest developments on extraditions, expulsions and other forms of transfers of national security suspects in countries of the OSCE region.
The event will address the challenges of such international criminal cooperation for human rights protection.
The panel discussion is being held to launch a new ICJ report which analyses recent experience of national security transfers, and makes recommendations for change based on international human rights law and comparative experiences.
The event will take place in Warsaw Friday 15 September at 13:15 – 14:45 at Room no. 1 at the OSCE HDIM 2017.
Panelists:
- Dmitry Nurumov, ICJ consultant
- Massimo Frigo, ICJ Legal Adviser
- Irina Urumova, Independent Justice Reform Consultant
- Bruno Min, Legal and Policy Officer – Fair Trials International
- Johannes Heiler, Adviser on Anti-Terrorism Issues – ODIHR
Working language: English and Russian (simultaneous translation provided)
A flyer for this event is available in PDF format by clicking here.
For more information, contact massimo.frigo(a)icj.org and/or dina.iskaliyeva(a)icj.org
Sep 14, 2017 | Advocacy
In a joint statement released today, the ICJ joins several other organisations in calling on the Supreme Court of the Maldives to rescind the indefinite suspension of 56 lawyers.
The lawyers had signed a petition to the Supreme Court calling for the independence and reform of the judiciary.
The statement, made jointly with Maldivian Democracy Network, Front Line Defenders, Transparency International and FORUM-ASIA, can be downloaded here: Maldives-Advocacy-Lawyers-2017
Sep 13, 2017 | Incidencia
Drones han causado daño a comunidades, incluidas víctimas significativas; generado serias preocupaciones legales y éticas; y amenazado el orden internacional y el estado de derecho al reducir las restricciones políticas, prácticas y tecnológicas sobre el uso de la fuerza.
Los Estados deben de estar conscientes de que las características específicas de estas tecnologías facilitan la expansión global del uso de la fuerza letal.
Por consiguiente, los Estados no deben ignorar las reglas históricas del derecho internacional que rigen el uso de la fuerza.
Por lo tanto, el uso, la implementación, y la proliferación creciente de drones son retos fundamentales que necesitan atención.
Universal-Dronestandards-Advocacy-2017-SPA (Texto completo en PDF)
Sep 13, 2017 | Advocacy, News
As proceedings resume in India v. Pakistan (Jadhav case) before the International Court of Justice (ICJ), the ICJ has published a briefing paper to clarify the key issues and relevant laws raised in the case in a Question and Answer format.
The case concerns Pakistan’s failure to allow for consular access to an Indian national detained on charges of serious crimes.
India has alleged “egregious violations of the Vienna Convention on Consular Relations (VCCR)” by Pakistan in connection with the detention, trial and conviction of Indian national Kulbhushan Sudhir Jadhav.
Pakistani authorities arrested Jadhav on 3 March 2016.
India was informed of the arrest on 25 March 2016. On 10 April 2017, Pakistan’s military announced Jadhav had been convicted and sentenced to death by a military court for “espionage and sabotage activities against Pakistan.”
India’s requests for consular access, made at least sixteen times starting from 25 March 2016, were either denied by Pakistan or made conditional upon India’s assistance in the investigation against Jadhav.
India alleges that denial of consular access breaches Pakistan’s obligations under Article 36(1) of the VCCR, to which both States are parties.
In May 2017, the ICJ accepted India’s request for provisional measures and directed Pakistan to “take all measures at its disposal” to ensure Jadhav is not executed pending the final decision of the Court.
India is due to file its written memorial with supporting documents today, 13 September.
Pakistan will have three months to file a counter-memorial.
The ICJ will then decide on dates for oral hearing of arguments.
Following the hearings, the Court will deliberate and issue a judgment.
While the case at issue is limited to denial of consular access under the VCCR, it engages other critical fair trial concerns that arise in military trials in Pakistan.
The International Commission of Jurists has documented how Pakistani military courts are not independent and the proceedings before them fall far short of national and international fair trial standards.
Judges of military courts are part of the executive branch of the State and continue to be subjected to military command; the right to appeal to civilian courts is not available; the right to a public hearing is not guaranteed; and a duly reasoned, written judgment, including the essential findings, evidence and legal reasoning, is denied.
The case also underscores one of inherent problems of the death penalty: that fair trial violations that lead to the execution of a person are inherently irreparable.
The International Commission of Jurists considers the death penalty a violation of the right to life and cruel, inhuman or degrading punishment and notes that a large majority of States, in repeated UN resolutions, have called on retentionist states to declare a moratorium on the practice with a view to abolition.
Contact:
Frederick Rawski (Bangkok), ICJ Asia Pacific Regional Director, e: frederick.rawski@icj.org
Reema Omer (London), ICJ International Legal Adviser, South Asia t: +447889565691; e: reema.omer(a)icj.org
Download the Q&A:
India-ICJ Q&A Jadhav case-Advocacy-2017-ENG (in PDF)
