Dec 19, 2014
The ICJ presented today an expert opinion on the international law applicable to administrative detention of non-citizens before the Constitutional Court of Bosnia and Herzegovina.
The ICJ submitted its expert opinion in the appeal no. AP-2742/13 related to Mr Imad Al-Husin. This expert opinion focuses on the international legal obligations and standards, as well as the attendant jurisprudence applicable to Bosnia and Herzegovina pertaining to the basis for the detention of foreign nationals for the purpose of impeding unlawful entry or performing a deportation.
This ICJ expert opinion was written at the request of the applicant’s lawyers. It was produced pro bono in full independence.
Bosnia-ICJ Expert Opinion Const Court-Advocacy-Legal submission-2014-ENG (read the expert opinion in English)
Bosnia-ICJ Expert Opinion Const Court-Advocacy-Legal submission-2014-BOS (read the expert opinion in Bosnian)
Nov 4, 2014
The ICJ has submitted information to the UN Committee on Economic, Social and Cultural Rights in advance of its examination of Nepal’s third periodic report under the International Covenant on Economic, Social and Cultural Rights (ICESCR).
The ICJ submission draws the Committee’s attention to issues concerning Nepal’s failure to comply with certain obligations under ICESCR as a result of the fact that Nepal has undermined the independence and effective functioning of the National Human Rights Commission. The submission also voices concern over Nepal’s failure to provide a) an effective remedy for forced displacements during the armed conflict, and b) adequate rehabilitation support and compensation for human rights abuses during the armed conflict.
The Committee will examine Nepal’s third periodic report during its 53rd session in November 2014, following which it will adopt Concluding Observations setting out recommendations to the Government.
Nepal-CESCR53-LegalSubmission-2014-EN (download full ICJ submission in PDF)
Oct 21, 2014
The ICJ, REDRESS and OMCT have submitted information to the UN Committee against Torture in advance of its examination of the combined 3rd to 5th periodic reports of the USA under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).
The joint submission draws the Committee’s attention to issues concerning the CIA ‘Rendition, Detention and Interrogation’ Program, detention at Guantanamo Bay, and Military Commission proceedings. It identifies key violations of the CAT, including those concerning:
- Article 13 on the right to complain of torture;
- Article 14 on the right to redress for torture and ill-treatment;
- Article 9 concerning failures to cooperate with criminal investigations in other jurisdictions;
- Article 15 on the prohibition against the use of evidence obtained by torture.
The Committee will examine the combined third to fifth periodic reports of the United States of America during its 53rd session in November 2014, following which it will adopt Concluding Observations setting out recommendations to the Government.
USA-CAT53-LegalSubmission-2014-EN (download full submission in PDF)
Oct 9, 2014
The ICJ has submitted information to the UN Committee on Economic, Social and Cultural Rights in preparation for the Committee’s examination of the initial periodic report of Uganda under the International Covenant on Economic, Social and Cultural Rights (ICESCR).
During its pre-sessional working group meeting in December 2014, the Committee will adopt a ‘List of Issues’ for the examination in June 2015 of the initial periodic report of Uganda under ICESCR.
In this submission, the ICJ draws the Committee’s attention to the detrimental impact of the adoption and enforcement of the Anti-Homosexuality Act 2014, as well as the effect of pre-existing and extant criminalization of consensual same-sex sexual conduct on the respect for and the protection and realization of certain Covenant rights.
The organization considers that those laws violate the following Covenant rights of Uganda’s population generally, and in particular of lesbian, gay, bisexual, transgender and intersex persons, living or working in Uganda:
- The principle of non-discrimination (article 2(2));
- The right to work (article 6) and to just and favourable conditions of work (article 7);
- The right to an adequate standard of living, including adequate housing (article 11);
- The right to the enjoyment of the highest attainable standard of physical and mental health (article 12);
- The right to education (article 13).
Uganda-CESCR_LOI-legalsubmission-2014-ENG
Oct 3, 2014
The ICJ has made a submission to the CEDAW in advance of the examination of the combined combined initial and second periodic reports of Brunei Darussalam under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women.
The ICJ submission draws the Committee’s attention to concerns related to the criminalisation of consensual adult sexual relations and marital rape.
The Committee will examine the combined initial and second periodic reports of Brunei during its 59th session from 20 October to 7 November 2014, following which it will adopt Concluding Observations setting out recommendations to the Government of Brunei Darussalam.
Brunei-CEDAWsubmission-LegalSubmission-2014-ENG
