Oct 2, 2013
Amnesty International and the ICJ comment on the case of three asylum seekers in the Netherlands who say the criminalisation of who they are puts them at risk of being persecuted in their country of origin.
Following Advocate General Sharpston’s Opinion in the case of X, Y and Z v Minister voor Immigratie, Integratie en Asiel (C‑199/12, C‑200/12 and C‑201/12) pending before the Court of Justice of the European Union, in these observations Amnesty International and the ICJ assert that when the criminalization of same-sex acts or conduct provides the possibility of imprisonment upon conviction it would per se give rise to a well-founded fear of persecution irrespective of evidence of recent enforcement.
Europe-Observations by AI and ICJ on X, Y and Z CJEU-analysis brief-2013 (full text in pdf)
Photo: ec.europa.eu
Sep 30, 2013
The ICJ has issued a briefing paper explaining the international legal issues and underlying political context of the case against Nepali Army officer Colonel Kumar Lama in a Question and Answer format.
The case against Nepali Army officer Colonel Kumar Lama, arrested in the United Kingdom on allegations that he was responsible for torture in Nepal, will come before the UK criminal court on 21 October 2013.
“This decision has far reaching implications, not only for the victims in this case but for all victims of torture around the world seeking justice,” said Sheila Varadan, ICJ Legal Advisor for South Asia.
Colonel Kumar Lama was arrested on the morning of Thursday, 3 January 2013 in the UK while he was on leave from his duties as a United Nations Peacekeeper in Sudan.
Exercising the principle of universal jurisdiction, Colonel Lama was charged with two counts of committing torture under Section 134(1) of the Criminal Justice Act 1988 in the United Kingdom.
“This is the first time the UK courts are seriously considering the principle of universal jurisdiction since the Augusto Pinochet case,” Varadan added.
The charges are based on allegations that Colonel Lama participated in the torture of two Nepali detainees in 2005, at the height of Nepal’s decade-long internal armed conflict.
“The case comes at a time when ongoing impunity is causing serious political instability in Nepal and calls for transitional justice mechanism continue to go unheard,” Varadan said.
CONTACTS
Sheila Varadan, ICJ South Asia Legal Adviser (Bangkok), t: +66 857 200 723 (mobile); email: sheila.varadan(a)icj.org
Ben Schonveld, ICJ South Asia Director (Kathmandu), t: +9779804596661 (mobile); email: ben.schonveld(a)icj.org
Nepal-LAMA Case Q & A -advocacy-analysis brief-2013 (full text in pdf)
Jun 19, 2013
The ICJ issues this brief analysis of international standards regarding grounds and procedures for disciplinary action against lawyers in CIS countries.
It is published in response to a pattern of disbarment or suspension of lawyers on improper grounds, in CIS countries.
It outlines the international standards on the role of lawyers; guarantees for the functioning of lawyers; and the principles governing disciplinary action.
These standards reinforce the independence of the legal profession and of individual lawyers; they aim to ensure that lawyers can contribute to the fair administration of justice under the rule of law.
The recommendations, at the end of the document, are based on the legal analysis. They aim to provide guidance for national bar associations and the relevant state bodies.
CIS-icj opinion lawyers discipline law-advocacy-analysis brief-2013-eng (full text in pdf)
CIS-icj opinion lawyers discipline law-advocacy-analysis brief-2013-rus (full text in pdf)
Dec 14, 2012
The ICJ today expresses its grave concern regarding the draft Constitution and the constitutional referendum to be held on 15 December 2012 and 22 December 2012.
The ICJ calls upon the Egyptian authorities to ensure the right of Egyptians to fully participate in the constitution-making process in pursuit of their democratic aspirations.
In a new legal briefing paper, the ICJ analyses key provisions of Egypt’s draft Constitution in light of international human rights and rule of law standards.
“The draft Constitution falls short of international standards, including those concerning the accountability of the armed forces, guaranteeing the independence of the judiciary, and recognizing universally accepted human rights,” said Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Program. “Further, in the context of deep political instability, providing only two weeks for the public to consider the draft Constitution undermines the right of all Egyptians to make an informed decision about the basic framework of governance and law for their society.”
While the draft Constitution extends the language of Egypt’s 1971 Constitution on human rights, the definition and scope of several human rights are still inconsistent with Egypt’s obligations under international law, the ICJ says.
The draft continues to subject these rights to the limits of laws, without any reference to the content and scope of these limits and whether or not they are necessary in a democratic society.
Such limitations also undermine the constitutional guarantees for the independence of the High Judicial Council, the Constitutional Court and the office of the Public Prosecutor, the ICJ states.
In addition, the draft Constitution perpetuates the use of military courts to try civilians.
“In light of these shortcomings and the failure of the process to meet international standards of inclusive participation, the draft Constitution should be withdrawn, and sufficient time should be given for the drafting of a new constitution that fully represents the views of all Egyptians,” Benarbia added.
Contact:
Saïd Benarbia, Middle East & North Africa Senior Legal Adviser, ICJ, t +41 22 979 3817; e-mail: said.benarbia(at)icj.org
Egypt-Constitution reform process-Analysis brief-2012 (full text in pdf)
See also Egypt: a flawed constitutional reform process
Photo by Pan African News Wire
Nov 30, 2012
The ICJ welcomed a feasibility study adopted by the Council of Europe Steering Committee on Human Rights on 28 November, which sets out possible options for standard-setting or other work on corporations and human rights.
The ICJ noted that access to justice for victims of corporate abuse of human rights is the aspect of corporations and human rights which is most urgently in need of attention. The jurisprudence of the European Court of Human Rights and the standards developed by the Council of Europe can provide a good basis for further refinement and development of standards, guidance and recommendations for Council of Europe Member States in this field. The ICJ therefore urged the Steering Committee on Human Rights to support the development of Council of Europe standards on access to justice for victims of corporate human rights abuse.
ICJsubmission-CouncilofEurope-Business&HumanRights-advocacy-2012 (download the submission)
Photo credit: © notfrancois (the author has no involvement in nor does support this submission)
