Jan 12, 2017
The ICJ today called on the Egyptian authorities to refrain from its attacks against independent judges and reinstate all those that have been removed from office following arbitrary and unfair disciplinary proceedings.
The call came as the ICJ released a legal briefing assessing the compliance of the mass disciplinary proceedings in the “the July 2013 Statement case” with international standards on judicial independence and due process.
Upholding a decision by the Disciplinary Board in the “July 2013 Statement case”, the Supreme Disciplinary Board found that 31 judges were “unfit” to hold judicial office for endorsing a public statement following the ousting of President Morsi and the seizure of power by the Military.
The Statement called for the 2012 Constitution to be restored, for a dialogue between all stakeholders to be established within the framework of constitutional legitimacy, and for the right to peaceful demonstration to be respected.
“The July 2013 Statement was a legitimate exercise, by the concerned judges, of their rights to freedom of expression, assembly and association,” said Saïd Benarbia, ICJ MENA Director.
“Removing these judges from office for exercising such rights and following mass, arbitrary, and unfair proceedings runs counter to Egypt’s obligations under international law to respect and observe the independence of the judiciary,” he added.
According to international standards, judges can only be removed for reasons of incapacity or behaviour that renders them unfit to discharge their duties after a fair hearing before an independent and impartial body.
The ICJ briefing analyses the numerous procedural and substantive flaws that marred the July 2013 Statement Case, including violations of the judges’ rights to freedom of expression and assembly, to a fair hearing before an independent and impartial body, and to equality of arms.
According to the study, the judges’ rights of defence were also undermined in a variety of ways, including by the failure to give judges prior and adequate notice of the hearings and access to the case file in advance of the hearings.
“Because of the litany of violations that marred the July 2013 Statement Case, the ICJ calls on the Egyptian authorities to reverse the decisions of the Supreme Disciplinary Board, to reinstate the judges that have been arbitrarily and unfairly removed from office, to refrain from attacks against the judiciary, and to put an immediate end to its campaign to silence independent judges,” Benarbia added.
Contact
Saïd Benarbia, ICJ Director of the ICJ Middle East and North Africa Programme, t: +41 22 979 38 17, e: said.benarbia(a)icj.org
Egypt-Attacks on judges-News-Press release-2017-ARA (Press release in Arabic, PDF)
Egypt-attacks-on-judges-Advocacy-Analysis brief-2017-ENG (Analysis brief in English, PDF)
Egypt-attacks-on-judges-Advocacy-Analysis brief-2017-ARA (Analysis brief in Arabic, PDF)
Dec 23, 2016
The ICJ today called on the Moroccan authorities to develop and adopt, in close consultation with the associations of judges, a Code of Ethics and Judicial Conduct that is fully consistent with international standards on judicial independence and accountability.
The statement came following a high-level mission to Morocco from 19 to 21 December 2016, during which the ICJ engaged with members of the Conseil supérieur du pouvoir judiciaire (CSPJ) and the judiciary on the reforms needed with a view to developing standards of conduct that are in line with the Bangalore Principles of Judicial Conduct and the UN Basic Principles on the Independence of the Judiciary.
The ICJ submitted to the Moroccan authorities and published a memo analyzing and formulating recommendations on the content of the Judicial Code of Ethics, the procedure of its adoption, the composition and functions of the Judicial Ethics Board, and the flaws in in the laws on the CSPJ and on the Statute for Judges regarding the disciplinary system.
“The development of a Judicial Code of Ethics that is consistent with international standards is an important opportunity to reinforce judicial independence and to ensure that the judiciary remain accountable to the public it serves,” said Said Benarbia, ICJ Director of the Middle East and North Africa Programme.
The ICJ is calling for the development of a Code that contain ethical duties that do not undermine a judge’s human rights and fundamental freedoms, including the right to the freedom of expression and association.
It is important not only for the judges themselves, but for the public at large, that the voices of judges are heard regarding in particular questions concerning the administration of justice.
The ICJ considers that the obligations contained in the Code must be precisely defined in order to give judges notice of the types of conduct they should undertake or abstain from.
This is particularly important given the vague and imprecise definitions of disciplinary offences as provided for by the law on the Statute for Judges.
The ICJ calls on the Moroccan authorities to review the provisions on disciplinary offences, including by ensuring that they do not unnecessarily restrict the enjoyment of fundamental freedoms by the Moroccan judges, and that they also include judicial violations of human rights and international humanitarian law, as well as offences of serious judicial corruption.
In the interim, The ICJ recommends that the Judicial Code of Ethics fill that gap by clearly specifying the types of conduct that may render judges liable to disciplinary sanctions.
Furthermore, while the law on the CSPJ provides that a Judicial Ethics Board is to be established to ensure that judges respect the obligations contained within the Judicial Code of Ethics, the ICJ is concerned that neither the composition nor the mandate of the Judicial Ethics Board are clearly specified.
The Moroccan authorities should ensure that the composition of the Judicial Ethics Board is clarified and that its functions are clearly defined, including by entrusting the Board with an advisory role.
“Ensuring that judges are able to consult the Board whenever they have questions regarding the proper application of the Judicial Code of Ethics would contribute to preventing improper conduct and thus reinforce the public’s confidence in its judiciary,” Benarbia added.
Contact:
Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41.22.979.3817, e: said.benarbia(a)icj.org
Additional information:
The ICJ delegation met with Mr. Mustapha Farès, First President of the Cassation Court; Mr. Mustapha Meddah, Prosecutor General of the Cassation Court; Mr Driss El Yazami, President of the National Council of Human Rights; Mr. Yassin Mokhli and Mrs Aicha Nassiri, elected members of the CSPJ; Mr. Mohamed Khadraoui, vice-President of the Amicale Hassania; and Mr Abdellatif Chentouf, President of the Judges’ Club.
Morocco-Code of Ethics-News-Press releases-ARA-2016 (full text in Arabic, PDF)
Morocco-Code of Ethics-Advocacy-Analysis Brief-2016-ENG (Memo in English, PDF)
Morocco-Code of Ethics-Advocacy-Analysis Brief-2016-ARA (Memo in Arabic, PDF)
Nov 9, 2016
The ICJ has called on the Tunisian authorities to adopt effective measures to ensure that the newly established Specialized Criminal Chambers (SCC) deliver meaningful justice for victims of human rights violations.
In a memorandum published today the ICJ stressed that the SCC had been given a critical role in holding all those responsible for such violations to account in line with international law and standards.
However, the ability for the SCCs to effectively fulfil that role would depend on the willingness of the Tunisian authorities to adopt a number of measures, as set out in recommendations contained in the memorandum.
The memorandum analyses the guarantees for the selection and appointment of the SCC judges; the SCC’s jurisdiction over gross human rights violations; and the legal and practical obstacles that may hinder the SCC’s capacity to deliver justice effectively.
The ICJ has recognized the importance of State initiatives to establish mechanisms and measures to address past human rights violations under the framework of “transitional justice”, such as the Instance Vérité et Dignité (IVD) in Tunisia.
“But mechanisms of this kind and particularly the SCC must not undermine justice and accountability and must be complementary to the ordinary justice system rather than a substitute for it,” said Said Benarbia, Director of the ICJ Middle East and North Africa Programme.
The ICJ stressed that for the SCC to be effective, the authorities need to act to clearly set out the procedures before the SCC; ensure that such procedures are consistent with international fair trial rights; establish specialized investigation and prosecution services; and provide for witness and victims protection units in line with international standards.
Obstacles potentially impeding accountability efforts in Tunisia include flawed definitions of crimes and of superior responsibility in the Criminal Code; the application of limitation periods in cases of serious human violations, and uncertainty over whether victims have direct access to lodge complaints before the SCC.
The ICJ identified measures for adoption by the Tunisian authorities to eliminate these obstacles and to ensure the effective functioning of the SCC. These steps include:
- introducing a clear framework regulating the mandate of the SCC and their relation with the ordinary justice system institutions and the IVD;
- ensuring that all alleged human rights violations are investigated and prosecuted, including allegations that are not transferred by or submitted to the IVD;
- ensuring that impunity for gross human rights violations is not facilitated by the application of limitation periods;
- ensuring that Tunisian laws are not construed to allow an individual responsible for a gross human rights violation to rely on an order received from a superior officer or public authority to escape criminal responsibility; and
- ensuring that the SCC contribute to the full realization of the victims’ right to effective, prompt remedy and reparation in all its forms recognized under international law.
Contact
Theo Boutruche, Legal Adviser of the ICJ Middle East and North Africa Programme, tel: +96 170 888 961, e-mail: theo.boutruche(a)icj.org
tunisia-scc-memo-news-press-releases-2016-ara (full story in Arabic, PDF)
tunisia-memo-on-scc-advocacy-analysis-brief-2016-eng (full memo in English, PDF)
tunisia-memo-on-scc-advocacy-analysis-brief-2016-ara (full memo in Arabic, PDF)
Sep 27, 2016
In a briefing paper issued today, the ICJ presents its comments on three key procedural aspects of the Dublin IV Regulation proposed by the European Commission.
On 4 May 2016, the European Commission published a proposal (Dublin IV) to recast the current Dublin Regulation (Dublin III).
The ICJ submission focuses on the potential impact of the current proposal on the rights of asylum seekers in Europe, including the right to an effective remedy, the principle of non-refoulement and economic and social rights.
In the briefing, the ICJ raises concerns at the introduction of excessively short time-limits for people to access an effective remedy while under the threat of a transfer to another EU Member State deemed responsible to assess the asylum application under the Dublin Regulation.
The ICJ further opposes the limitation of the material scope of the remedy and express concern at the punitive measures imposed on asylum seekers, in particular when they lead to the loss of access to their rights.
The ICJ invites the co-legislators, the European Parliament and the Council of the EU to take these concerns into account during their negotiations.
eu-dublin-iv-regulation_comment-advocacy-analysis-brief-2016-eng (full text in PDF)
Aug 23, 2016
The ICJ released today a briefing paper on investigation of extrajudicial executions in the Philippines.
This document is meant to contribute to ongoing discussions, following a hearing conducted by the Committee on Justice and Human Rights of the Philippine Senate, on the reported increase in the number of deaths of persons allegedly involved in the trade and sale of illegal drugs in the country.
The ICJ had previously written to President Rodrigo Duterte (photo), calling on him to unequivocally denounce extrajudicial killings, whether of alleged criminals or of any person in the Philippines.
The ICJ also urged the government to immediately conduct investigations into police operations that resulted in these deaths.
Philippines-EJK debate-Advocacy-Analysis Brief-2016-ENG
Photo credit: Grig C. Montegrande/Inquirer.
