Oct 14, 2013
The ICJ has submitted to the Committee against Torture comments in advance of its consideration of the Second Periodic Report of Kyrgyzstan under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).
The ICJ submission focuses on concerns about the implementation by Kyrgyzstan of Articles 1, 2, 3, 4, 11, 12, 14, 15 and 16 of the CAT concerning:
a) failure to prevent torture and other ill-treatment of persons in detention;
b) application of the definition of the crime of torture and its implications;
c) failure to ensure and respect the right of detainees of access to a lawyer;
d) failure to ensure independent, impartial and thorough investigation of acts of torture and other ill-treatment; and
e) failure to respect the prohibition of the use of evidence obtained under torture or other ill-treatment.
Finally, the submission addresses the failure of the authorities to ensure reparation to victims of torture and other ill-treatment, including that which should result from findings of violations by UN treaty bodies.
Kyrgyzstan- CAT51-Legal submission-2013 (download the submission in pdf)
Oct 10, 2013
Today, the International Commission of Jurists and the Open Society Justice Initiative submitted a third party intervention before the European Court of Human Rights in the case of Gîrleanu v. Romania.
Marian Gîrleanu was journalist fined for having been in information considered confidential by the Romania state authorities concerning international involvement in the Iraq and Afghanistan wars. The information was never published. In their intervention, the ICJ and OSJI submit that sanctions for unauthorized possession or disclosure of information by journalists and other similarly protected persons may seriously impair their rights under Article 10 of the European Convention on Human Rights right to receive and impart information, and may only be applied in very exceptional circumstances. The two human rights organizations stress that it is the State, not journalists, that is responsible for the protection of government information. Journalists and other who perform a public watchdog function that is fundamental to a democratic to a democratic society may not be subject to sanctions for possession or disclosure in the public interest of information.
ECtHR-ThirdPartyIntervention-Girlenau-Romania-2013 (Read the third party intervention)
Sep 26, 2013
The ICJ today called on the UN Human Rights Council to prepare to take action in March 2014 if the Government of Sri Lanka continues to fail to take concrete steps to ensure justice and accountability.
In response to an oral update of the High Commissioner for Human Rights on her mission to Sri Lanka and the implementation of Human Rights Council resolution 22/1 on promoting reconciliation and accountability in Sri Lanka, the ICJ expressed deep concern that critical measures on accountability, such as those called for in the resolution, are not being adequately implemented. Noting that the High Commissioner will present a comprehensive report to the Council during the 25th session of the Council in March 2014, the ICJ called on Council members to be ready to act in order to ensure justice and accountability for alleged gross violations of international human rights law and serious violations of international humanitarian law in Sri Lanka.
The statement was made in a General Debate under item 10 of the Council’s agenda during the 24th regular session of the Council (9 to 27 September 2013).
SriLanka-HRC24-Item10-OralStatementGD-LegalSubmission-2013 (download full statement in PDF)
Sep 23, 2013
The ICJ today called on Nepal to take urgent steps to implement recommendations on ending impunity accepted by the country during its first cycle Universal Periodic Review (UPR) in 2011.
In a General Debate under Item 6 of the Human Rights Council’s agenda (UPR), the ICJ pointed to Nepal’s failure to take concrete action to implement recommendations accepted by the country during its 2011 UPR as now visibly destabilising the country. It called on Nepal to take urgent measures to:
- Ensure that the truth and reconciliation commission, and a separate ‘disappearances’ commission to be established, conform fully with international standards including by precluding amnesty for gross human rights violations;
- Ensure that human rights violations constituting crimes under international law are recognised as distinct criminal offences under Nepali law; and
- Immediately commit to implement relevant Supreme Court rulings within a clearly stipulated time.
Nepal’s first cycle UPR took place in 2011. The Government of Nepal adopted a UPR implementation plan in 2012. The implementation plan failed, however, to set out timeframes for implementation or establish means to measure progress.
The General Debate took place during the 24th regular session of the Human Rights Council (9 to 27 September 2013).
Nepal-HRC24-Item6-OralStatementGD-LegalSubmission-2013 (download full statement in PDF)
Sep 20, 2013
The ICJ today called on the Russian Federation to reconsider its position on rejected UPR recommendations and take measures for effective implementation of accepted recommendations concerning human rights and the rule of law in the country.
In an Interactive Dialogue on the adoption of the second cycle Universal Periodic Review of the Russian Federation (Item 6 of the Human Rights Council’s agenda), the ICJ called on the Russian Government to:
- Establish, in legislation, clear and predictable grounds for disciplinary action against judges, and ensure impartial arbitration;
- Ensure the right of all detainees to prompt and regular access to a lawyer;
- Amend the law on NGO activities to protect against its arbitrary application; and
- Adopt comprehensive anti-discrimination legislation that includes sexual orientation and gender identity as protected grounds.
The Interactive Dialogue took place during the 24th regular session of the Human Rights Council (9 to 27 September 2013).
Russia-HRC24-Item6-OralStatement-LegalSubmission-2013 (download full statement in English)
ICJ submission and advocacy on the Universal Periodic Review of the Russian Federation
