Jul 8, 2015
Today, the ICJ presented its written submissions to the European Court of Human Rights in the case of A.N. v. France (Application No. 12956/15).
The case arises from the French authorities’ dismissal of an asylum application.
The ICJ’s submissions focus on:
- the obligation to ensure that the risk upon removal be assessed so as to guarantee that the protection of the Convention for the Protection of Human Rights and Fundamental Freedoms (‘the Convention’) be practical and effective;
- whether requiring coerced, including self-enforced, suppression of a fundamental aspect of one’s identity — as enforced concealment of one’s same-sex sexual orientation entails — is compatible with the Convention, in particular, Article 3;
- whether the criminalization of consensual same-sex sexual conduct gives rise to a real risk of Article 3 prohibited treatment, thus triggering non-refoulement obligations under that provision of the Convention; and
- the significance of the EU asylum acquis and the case-law of the Court of Justice of the European Union (CJEU), including the joined cases Minister voor Immigratie en Asiel v X, Y and Z v Minister voor Immigratie en Asiel.
In its observations, the ICJ also drew the Court’s attention to the CJEU’s judgment in A, B, and C v Staatssecretaris van Veiligheid en Justitie, as well as to recent Belgian and Italian superior courts’ reported decisions that have found in favour of Senegalese homosexual applicants based on, inter alia, the risk to the individuals concerned arising from Senegal’s criminalization of consensual same-sex relations and of becoming victim of homophobic crimes, including at the hands of family members, from which there is no effective state protection.
France-A.N.v.FRANCE AMICUS-Advocacy-legal submissions-2015-ENG (full text in PDF)
Jul 3, 2015
The three-day hearing on the assessment of damages on the civil defamation case against blogger Roy Ngerng was concluded today in Singapore. The Supreme Court will issue its decision at a later date.
A representative of the ICJ observed the hearing that took place from 1 to 3 July 2015. The ICJ considers the judge, Justice Lee Seiu Kin, to have conducted himself independently and impartially with regard to the procedural aspects of the hearing.
During the first day, Prime Minister Lee himself took to the witness stand and was cross-examined by Roy Ngerng.
Prime Minister Lee brought this action against Roy Ngerng claiming that the blogger suggested in his blog post that the Prime Minister was guilty of criminal misappropriation of the Central Provident Fund (CPF), the social security savings plan of the citizens of Singapore.
Roy Ngerng maintains a blog called The Heart Truths, where he comments on pressing social issues. Many of the posts on his blog advocate for more transparency in the management of the CPF.
Last year, the High Court ordered Roy Ngerng to pay Prime Minister Lee SG$29,000 (approximately US$22,300) for the legal fees and related expenses incurred up to the conclusion of the application for summary judgment.
In June, the ICJ produced a legal opinion (download text below) which was submitted to the court in support of certain aspects of the defendant’s position.
The brief drew attention to relevant international law and standards.
It underscored, among other things, that the exercise of freedom of expression is essential to enable the work of human rights defenders to carry out their work.
It also noted the particular standards applying to defamation cases involving public offices, particularly that those exercising the highest political authority such as heads of states may legitimately be subjected to criticism and challenges.
It also emphasized that damages awarded that are disproportionate to the harm caused could serve to create a chilling effect on the freedom of expression in Singapore.
At the end of the hearing, the court directed the parties to file written submissions to address issues that were raised during the three-day hearing by 30 August 2015.
Singapore-RoyNgerng-Advocacy-LegalSubmission-2015-ENG (download the legal opinion)
CONTACT:
Emerlynne Gil, ICJ’s Senior International Legal Adviser for Southeast Asia,
email: emerlynne.gil(a)icj.org or mobile: +668 4092 3575
Jun 16, 2015
The ICJ presented a legal submission in the case Annagi Hajibeyli v. Azerbaijan and 28 other applications (Application no. 2204/11) to the European Court of Human Rights.
The submission concerns seizure of a lawyer’s documents of cases of his clients.
The submission focuses on international standards on the role of lawyers, including the obligation of non-interference with the work of lawyers and respect for lawyer-client confidentiality, as well as application of article 34 of the European Convention to the hindrance of the existence of the right to petition through interference with lawyers’ activities.
Azerbaijan-Hajibeyli v Azerbaijan final160615-Advocacy-legal submission-2015-ENG (full text in PDF)
Jun 12, 2015
On 12 June, the ICJ made a submission to the UN Human Rights Committee in view of the Committee’s elaboration of a new general comment on Article 6 of the International Covenant on Civil and Political Rights guaranteeing the right to life.
Jun 8, 2015
Today, the ICJ jointly with the AIRE Centre and ILGA-Europe submitted written submissions in the case of Klobučar v. Croatia (Application no. 28416/14) before the European Court of Human Rights.
The case, which concerns alleged ill-treatment at the hands of state officials motivated by homophobia, provides the Court with an important opportunity to identify the scope of the State Parties’ procedural obligations under the European Convention on Human Rights in such cases. These include the duty to take all reasonable steps to identify whether there has been any discriminatory motive behind the treatment said to be in violation of the Convention based on animus or prejudice against one’s real or imputed same-sex sexual orientation and/or gender identity or expression.
The submissions focus on:
- The nature and scope of the positive obligations of Contracting Parties under the Convention in respect of allegations disclosing credible evidence of treatment prohibited under Article 3;
- Same-sex sexual orientation and/or gender identity as a ground of discrimination; and
- The duty to take all reasonable steps to identify any discriminatory motive in connection with allegations of ill-treatment.
CROATIA-AMICUS in KLOBUCAR ECtHR-LEGAL SUBMISSION-2015-ENG
