Nov 8, 2016
The ICJ intervened today before the European Court of Human Rights in the cases of three human rights lawyers who had been denied Bar membership because of their human rights activity.
The cases concern the compliance of the procedures of admission to and disbarment from the Bar Association of Azerbaijan of human rights lawyers Annagi Hajibeyli, Khalid Bagirov and Intigam Aliyev.
In its submissions, the ICJ stressed that, while lawyers have to perform their professional functions in conformity with ethical standards, the legal profession’s systems of admission and discipline must not enforce such obligations in a way that impairs the exercise of human rights by lawyers or their capacity to effectively represent their clients.
Based on the jurisprudence of the European Court of Human Rights, as well as international standards governing the legal profession, the ICJ submission addresses:
- permissible restrictions of lawyers’ rights to respect for private (including professional) life under article 8 ECHR and to freedom of expression under article 10 ECHR,
- procedural safeguards required to apply such restrictions under article 6 ECHR.
- key findings of a recent ICJ fact-finding mission to assess the compliance of the governance of the legal profession in Azerbaijan with international law and standards.
icj-bagirovothers-amicusbrief-azerbaijan-2016-final (download the third party intervention)
Oct 21, 2016
Today, the ICJ has made a submission to the Standing Committee on Social Justice and Empowerment of the Parliament of India on the Transgender Persons (Protection of Rights) Bill, 2016.
india-transgender-bill-advocay-legal-submissions-2016-eng (full text, in PDF)
Sep 22, 2016
The ICJ intervened today before the European Court of Human Rights in a case of extradition of a Kyrgyz national of Uzbek ethnicity to his country of origin, where he could be at risk of torture or ill-treatment.
The International Commission of Jurists (ICJ) intervened in the case of Shavkatbek Salyzhanovich Rakhamanov v. Russia.
In its submissions, the ICJ analysed the legal framework governing extraditions from the Russian Federation to Central Asian States, in particular Kyrgyzstan, as well as Russia’s extradition practice, including through the use of diplomatic assurances. These submissions aim to assist the Court in assessing the compliance of this law and practice with the European Convention on Human Rights (ECHR) and, in particular, with its procedural non-refoulement obligations.
The ICJ concluded that the analysis of the law and practice reveals a number of critical human rights deficits.
The ICJ submitted that the lack of respect for the procedural aspect of the principle of non-refoulement, the consequent ineffectiveness of domestic remedies in this regard, in the Russian Federation, and the abysmal record of Kyrgyzstan in upholding its obligation to respect and protect the prohibition of torture or other ill-treatment mean that extraditions from the Russian Federation to Kyrgyzstan entail a high risk of violations of both substantive and procedural aspects of the principle of non-refoulement.
russianfederation-icj-amicusbrief-rakhmanov-ecthr-legalsubmission-2016 (download the third party intervention)
Sep 19, 2016
The ICJ intervened today before the European Court of Human Rights in a case of extradition of an Uzbek national to his country of origin where he could be at risk of torture or ill-treatment.
The International Commission of Jurists (ICJ) intervened in the case of S.U. v. Russia.
In its submissions, the ICJ analysed the legal framework governing extraditions from the Russian Federation to Central Asian States, in particular Uzbekistan, as well as Russia’s extradition practice, including through the use of diplomatic assurances. These submissions aim to assist the Court in assessing the compliance of this law and practice with the European Convention on Human Rights (ECHR) and, in particular, with its procedural non-refoulement obligations.
The ICJ concluded that the analysis of the law and practice reveals a number of critical human rights deficits.
The ICJ submitted that the lack of respect for the procedural aspect of the principle of non-refoulement, the consequent ineffectiveness of domestic remedies in this regard, in the Russian Federation, and the abysmal record of Uzbekistan in upholding its obligation to respect and protect the prohibition of torture or other ill-treatment mean that extraditions from the Russian Federation to Uzbekistan entail a high risk of violations of both substantive and procedural aspects of the principle of non-refoulement.
RussianFederation-ICJ-AmicusBrief-S.U.-ECtHR-legalsubmission-2016 (download the third party intervention)
Aug 15, 2016
The ICJ and others intervened before the European Court of Human Rights in a case of five undocumented children of Afghan nationality subject to detention and/or closed reception measures in Greece.
The International Commission of Jurists (ICJ), the European Council on Refugees and Exiles (ECRE) and the AIRE Centre jointly intervened in the case of Sh.D and others v. Greece.
After his arrest by the police, Sh.D was placed in detention in a police station and then transferred to a reception centre for undocumented minors. The other four unaccompanied minors are currently living in the Idomeni camp at the border with the Former Yugoslav Republic of Macedonia.
In this case, the European Court of Human Rights is called to rule on whether their detention and reception conditions were lawful and/or constituted an inhuman or degrading treatment under the European Convention on Human Rights.
In their third party intervention, the three human rights organizations submitted the following arguments:
- The UN Convention on the Rights of the Child (CRC) must be implemented in all of the European Court of Human Rights (ECtHR) decisions that concern children. Since the principle of the best interests of the child must be upheld as a primary consideration in all actions concerning children, children must never be deprived of their liberty, under 5(1) ECHR, without a rigorous examination of the individual circumstances of the case, of necessity and proportionality, including a mandatory and prior assessment of less coercive measures.
- For children to have effective enjoyment of their rights under international law, in particular the ECHR, and EU law, including the right to liberty and security and the right to asylum, their needs, welfare and well-being must be individually assessed. The discharge of State obligations to ensure enjoyment of these rights is reliant on the appointment of a guardian with the necessary expertise and who has the specific duty to assist the child by enabling him or her to access rights under EU law.
- Since measures affecting the right to liberty and other Convention rights must be undertaken in accordance with national law, they must also, where Contracting Parties are EU Member States, be undertaken in accordance with EU law.
Greece-ICJ&others-AmicusBrief-ShD&others-ECtHR-legalsubmission-2016 (download the third party intervention)
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