Dec 11, 2018 | Advocacy
In a document presented to the Inter-American Commission on Human Rights, ICJ Vice President Carlos Ayala explains that Venezuela’s denunciation of the OAS Charter remains without effect.
In April 2017, Venezuela lodged a notification with the Secretary General of the Organisation of American States (OAS) that Venezuela denounced the OAS Charter in order the withdraw its membership from the organisation.
In a document presented to the Inter-American Commission on Human Rights on 4 December 2018, ICJ Vice President Carlos Ayala explains why the denunciation is unconstitutional and violates binding principles of international law.
According to Professor Ayala, who served as President of the Inter-American Commission between 1996 and 1999, the OAS Charter holds a constitutional status under Venezuela’s domestic law that does not permit withdrawal from the Charter on the basis of political interests.
Additionally, the Charter establishes that it will cease to be in force following a notification of denunciation only after the denouncing State has fulfilled its obligations under the Charter. Since Venezuela is the subject of several pending matters concerning its purported failure to fulfil Charter obligations, its denunciation remains without effect.
Venezuela-OAS denunciation-Advocacy-2018-SPA (see full document, in Spanish)
Sep 21, 2018 | Advocacy, News, Non-legal submissions
The ICJ wrote today to the Council of Europe’s Commissioner for Human Rights, Dunja Mijatović, to request action against the decision by Turkish authorities to ban entrance to Galatasaray square in Istanbul (Turkey) to a collective of mothers of disappeared persons called “Saturday Mothers”.
On 25 August 2018 , the Sub-Governorship of Beyoğlu District of İstanbul announced the prohibition of gatherings for assembly of any type of demonstrations in Galatasaray Square in Istanbul, the square where the Saturday Mothers have gathered every Saturday since 1995 to 1998 and since 2009 until 2018.
On the 700th week of their peaceful protests, the Saturday Mothers and their supporters congregated in Galatasaray Square at midday to once again raise awareness of the need for those responsible to be held accountable for the extrajudicial killings and enforced disappearances following their time in State custody in the 1990s. The police used tear gas to stop the protest and arrested 47 people. All were released by Saturday evening.
Senior officers of the Turkish authorities have even issued statements accusing the Saturday Mothers of being abused by or in collusion with terrorist organisations.
The ICJ wrote to the European Commissioner for Human Rights, that it “considers this situation to be at odds with Turkey’s obligations under international human rights law, in particular of the right to peaceful assembly under article 11 of the European Convention on Human Rights and article 21 of the International Covenant on Civil and Political Rights.”
The ICJ further added that “given the consistent record and presence of the Saturday Mothers in Galatasaray Square throughout the years, it is hard to see how the restriction on their right to peaceful assembly could in any way be necessary and proportionate to a legitimate purpose. It is clear that no prior warning for the gathering was needed for security reasons in light of its regular occurrence at least since its resumption in 2009, i.e. nine years ago. Furthermore, the demonstration took place on a pedestrian area where cars are not allowed.”
ICJ-Letter-SaturdayMothers-CoEComm-Turkey-2018-ENG (download the letter)
May 29, 2018 | News
The ICJ is deeply concerned about the recent attacks against Judge Erika Aifán that put judicial independence in Guatemala at imminent risk. Judge Aifán has always been upright and honest in her rulings, which she bases on sound principles of the rule of law.
Ramon Cadena, Director of the Central American office of the ICJ stated today: “We must support Judge Aifán because the guarantee of judicial independence is under serious threat.”
“Judge Aifán is an honest and brave Judge presiding over emblematic cases, which could be put in jeopardy if the legal actions against her proceed,” he said.
“It is totally unacceptable that a Court imposes a fine against a professional carrying out their duty. The Judges of the Third Court who imposed this fine should be investigated by the Public Ministry on account of their actions, which constitute an attack on judicial independence,” he added.
The ICJ firmly believes that the independence of judges is essential to uphold the rule of law so that public officials can effectively guarantee access to justice for victims of human rights violations.
The Inter-American Commission of Human Rights (IACHR) has established that “the independence of the judicial power has been recognized as a general principle of law and enshrined in many international treaties”.
For that reason, and with reference to the Guatemalan Constitution and international human rights standards, the ICJ considers that the Guatemalan Supreme Court should take an active role in the defence of judicial independence and in this specific case concerning Judge Aifán.
The ICJ also urges the UN Special Rapporteur on the Independence of Judges and Lawyers to visit the country.
The ICJ also considers that the Guatemalan Prosecutor for Human Rights should submit the case to the IACHR so that that Commission can grant preventive measures to Judge Aifán and investigate this flagrant violation of judicial independence.
The ICJ also requests that the IACHR intervenes in the present situation.
The ICJ considers that the motives for the attacks against Judge Aifán are because she is currently presiding over emblematic cases in the fight against impunity and corruption.
Groups who are interested in maintaining a situation of impunity wish to see her removed from her position.
The ICJ recalls that a judge can only be removed from office for reasons established by law, following a disciplinary process that complies with the basic guarantees of a fair trial; or when a judicial officer has completed the term of their mandate.
Neither of these conditions is met in the case of Judge Aifán. Therefore, the ICJ can only conclude that the attacks against her are attacks on the independence and impartiality of the judiciary as a whole.
It is self-evident that the independence of every judicial body is indispensable for the fulfilment of fair trial standards without which the right of access to justice is undermined.
Furthermore, without judicial independence, people lack confidence in the courts or are fearful and therefore refrain from taking cases to justice.
Jan 30, 2018 | Agendas, Events
The ICJ invites you to an event to discuss challenges in prevention of, and accountability for, violations of human rights in renditions and other transfers of suspects, including through past European complicity in US-led renditions, and in ongoing transfers of suspects in the CIS region.
Join us for a discussion marking the EU launch of the International Commission of Jurists’ report, Transnational Injustices: National Security Transfers and International Law. The event is kindly hosted by Ana Gomez and Eva Joly, MEPs.
Panelists will discuss the ongoing practice of states unlawfully rendering people accused of terrorism, accountability for violations of human rights in past renditions, and how the EU institutions and EU Member States should address these.
When: Tuesday 30 January 16.00 – 18.00
Where: Room A5G305, European Parliament, Brussels
RSVP to: anamaria.gomes@europarl.europa.eu
Speakers include:
- Ana Gomes, Member of the European Parliament
- Eva Joly, Member of the European Parliament
- Róisín Pillay, International Commission of Jurists
- Natacha Kazachkine, Open Society European Policy Institute
A flyer for this event is available in PDF format by clicking here.
Jan 11, 2018 | Advocacy, Cases, Legal submissions
The ICJ responded today to the observations of the Czech Government on the merits of the collective complaint brought against it earlier last year by the ICJ and Forum for Human Rights.
The complaint to the European Committee of Social Rights (ICJ v. the Czech Republic, No. 148/2017) argues that the Czech Republic fails to ensure equal legal protection and participation of children below the age of criminal responsibility in the pre-trial stage of juvenile justice procedures.
The ICJ and Forum for Human Rights reinforced the complaint, relying on Article 17 of the Social Charter, in relation to the State party’s failure to ensure that children below the age of criminal responsibility but recognised as having infringed the penal law are treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society.
Europe-ECSR-ICJvCzechRepublic-ChildrenJustice-ICJresponse1-2018-ENG (download the ICJ reply)
