Oct 10, 2013 | News
The ICJ calls on the Dhaka Central Jail authority to immediately process an order for bail issued for the release of Adilur Rahman Khan.
The six-month bail was ordered by the High Court of Bangladesh on 8 October 2013.
The Attorney General filed an application seeking a stay on the bail order, which was denied by the Appellate Division of the Supreme Court of Bangladesh on 9 October 2013.
The bail order was signed by the required Sessions Judge and delivered to the Dhaka Central Jail in the late afternoon on 9 October 2013.
Over 24 hours later, Adilur Rahman Khan still remains in custody in the Kashimpur Jail.
“The bail order must be carried out expeditiously without undue delay or other obstruction, including by the Executive. To do so would undermine the independence of the judiciary and constitute arbitrary detention,” said Ben Schonveld, ICJ South Asia Director.
It has been two months to the day that Adilur Rahman Khan was arbitrarily detained for the lawful exercise of the right to freedom of expression, the ICJ recalls.
Under international law, notably Article 9 of the International Covenant on Civil and Political Rights, to which Bangladesh is a party, everyone has a right to liberty and security of person.
Any detention or deprivation of liberty must be in accordance with procedures established by law.
The ICJ calls on the jail authorities to uphold the order of the Appellate Division of the Supreme Court of Bangladesh and immediately release Adilur Rahman Khan on bail.
CONTACT:
Sheila Varadan, ICJ Legal Advisor, South Asia Programme (Bangkok), t: +66 857200723; email: sheila.varadan(a)icj.org
Oct 10, 2013 | News
On the 11th World Day against the Death Penalty, the ICJ calls on South Asian States to stop the resurgence of executions in the region.
The ICJ considers the death penalty in all cases to constitute a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.
“In the past year, we’ve seen an alarming increase in the number of executions in South Asia,” said Sheila Varadan, International Legal Advisor for the South Asia Programme.
“Capital punishment is State-sanctioned vengeance. The deliberate and premeditated act of taking a human life in State custody can never constitute a form of justice. It is is an irreversible form of punishment that, as we have seen time and again, cannot be administered without some degree of subjectivity and arbitrariness,” she added.
India ended its eight-year moratorium on the death penalty with the executions of Ajmal Amir Kasab in November 2012 and Afzal Guru in February 2013.
Although the current policy on a moratorium is unclear, Pakistan appears to be leaning towards resuming executions. In November 2012, Pakistan carried out its first execution in five years when it hanged solider Muhammad Hussain.
In July 2013, the newly-elected Government signaled its intention to recommence civilian executions after it failed to renew the five-year moratorium. Over 8000 people have been sentenced to death in Pakistan.
Bangladesh also continues to exercise the death penalty. It has over 1000 individuals on death row.
Bangladesh’s International Crimes Tribunal has handed down the death penalty in six of the seven cases completed, despite growing international criticism over the independence and impartiality of the proceedings.
South Asia’s increasing resort to the use of the death penalty goes against a 15-year worldwide trend towards abolition. More than 150 of 192 United Nations member States have now either abolished the death penalty or do not practice it, including 30 States from the Asia-Pacific region.
The United Nations General Assembly has adopted a number of resolutions calling for a worldwide abolition of the death penalty. In its most recent resolution in 2012, an overwhelming majority of UN member States voted in favor of a worldwide moratorium on executions as a step towards the abolition of the death penalty.
“India, Pakistan and Bangladesh are part of a dwindling number of States who still retain this cruel and inhumane form of punishment,” Varadan said.
The ICJ urges India, Pakistan, and Bangladesh to immediately impose a moratorium on the death penalty, with a view to abolishing it and accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights on the abolition of the death penalty.
CONTACT:
Sheila Varadan, ICJ Legal Advisor, South Asia Programme, t: +66 857200723; email: sheila.varadan(a)icj.org
NOTE:
- The United Nations has adopted various instruments in support of the call for the worldwide abolition of the death penalty. In 2007, the UN General Assembly adopted a resolution emphasizing that ‘that the use of the death penalty undermines human dignity’ and calling for the establishment of a moratorium on the use of the death penalty ‘with a view to abolishing the death penalty.’ The resolution was reaffirmed in 2008, 2010, and most recently in December 2012, when a large majority of UN Member States voted in favor of a worldwide moratorium on executions as a step towards the death penalty’s abolition.
Oct 10, 2013
Today, the International Commission of Jurists and the Open Society Justice Initiative submitted a third party intervention before the European Court of Human Rights in the case of Gîrleanu v. Romania.
Marian Gîrleanu was journalist fined for having been in information considered confidential by the Romania state authorities concerning international involvement in the Iraq and Afghanistan wars. The information was never published. In their intervention, the ICJ and OSJI submit that sanctions for unauthorized possession or disclosure of information by journalists and other similarly protected persons may seriously impair their rights under Article 10 of the European Convention on Human Rights right to receive and impart information, and may only be applied in very exceptional circumstances. The two human rights organizations stress that it is the State, not journalists, that is responsible for the protection of government information. Journalists and other who perform a public watchdog function that is fundamental to a democratic to a democratic society may not be subject to sanctions for possession or disclosure in the public interest of information.
ECtHR-ThirdPartyIntervention-Girlenau-Romania-2013 (Read the third party intervention)
Oct 8, 2013 | News
The Joint Mobile Group was selected as the 2013 Laureate Martin Ennals Award. The ICJ is one of the ten members of the jury.
The Award is given by the International Human Rights Community to Human Rights Defenders who have shown deep commitment and face great personal risk.
The aim of the award is to provide protection through international recognition.
Strongly supported by the City of Geneva, the Award was presented here today.
After the murder of several human rights activists working in Chechnya, Igor Kalyapin (photo) started the Joint Mobile Group.
To reduce the risk they send investigators on short missions to Chechnya to document Human Rights abuses.
This information is then used to publicize these abuses to seek legal redress.
Igor Kalyapin speaking of the effect of international publicity said: “When the international community is watching us it is more difficult for the authorities to take steps against us.”
Micheline Calmy-Rey, Chair, Martin Ennals Foundation said: “The choice of the Jury has again shown that human rights defenders are the most crucial actors and can make a difference on the ground.”
The Jury also selected two recipients of the New Martin Ennals Prizes: Mario Joseph, who is referred to as Haiti’s most important Human Rights lawyer and has worked on some of the most important cases in Haiti, including the current case against the former dictator Jean-Claude “Baby Doc” Duvalier; and Mona Seif, from Egypt, core founder of the “No To Military Trials for Civilians” national movement.
The main award of the human rights movement, the Martin Ennals Award for Human Rights Defenders (MEA) is a unique collaboration among ten of the world’s leading human rights organizations to give protection to human rights defenders worldwide. The Jury is composed of the following NGOs: ICJ, Human Rights Watch, Amnesty International, World Organisation Against Torture, FIDH (International Federation for Human Rights), HURIDOCS, Human Rights First, Front Line Defenders, International Service for Human Rights and German Diakonie.
Watch the MEA movie on Joint Mobile Group
Oct 5, 2013 | News
During a one-week mission that concluded on 4 October, the ICJ received information on the tense situation faced by the Supreme Court’s Constitutional Chamber, whose independence has been subjected to political influence for more than a year.
The ICJ is concerned about a complaint filed with the Legislative Assembly which requests a provisional judgment against four judges of the Constitutional Chamber for alleged prevarication, abuse of power and disobedience. This could result in their removal from the Court.
The ICJ wishes to reiterate that, in accordance with international standards, the judiciary must be protected from any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, including from legislative or executive authorities.
The mission, led by a high-level ICJ delegation that included ICJ Commissioners Justice Philippe Texier and Professor Rodrigo Uprimny, focused on access to justice and legal remedies for victims of violations of economic, social and cultural rights.
It engaged in discussions with members of the legal profession, civil society and various authorities including the public prosecutor office (the Procuradoria General de la Republica and the Procuradoria para la Defensa de los Derechos Humanos), as well as with the Constitutional Chamber.
