ICJ and others submit amicus to the US Supreme Court urging access to remedy in rendition case

ICJ and others submit amicus to the US Supreme Court urging access to remedy in rendition case

The ICJ and other human rights groups submitted an amicus curiae brief to the US Supreme Court in the leading rendition case of Mohamed and Others v. Jeppesen Dataplan, Inc.

The defendant is a private company accused of providing flight services to facilitate the US rendition program involving the unlawful transfer of detainees to situations of arbitrary and secret detention, torture and enforced disappearance.

The brief supports review by the Supreme Court with the view to reverse the decision of the Court of Appeals dismissing the case for reasons of state secrecy and addresses the obligations under international human rights law on the right to an effective remedy and reparations for torture, enforced disappearances and other human rights violations.

The brief is also joined by Swiss Senator Dick Marty, former Rapporteur of the Parliamentary Assembly of the Council of Europe inquiry on Alleged Secret Detentions and Unlawful Inter-State Transfers of Detainees involving Council of Europe Member States, Professor Manfred Nowak (former UN Special Rapporteur on Torture (2004-2010)), Professor Robert Goldman (former UN Independent Expert on Terrorism and Human Rights) and Professor Stefan Trechsel, (Judge ad litem at the International Criminal Tribunal for the Former Yugoslavia (ICTY)).  Professor Goldman and Professor Trechsel served on the ICJ’s Eminent Jurists Panel on Terrorism, Counter Terrorism and Human Rights.

USA-amicuscuriae-advocacy-2011 (full text, PDF)

 

Cambodia: ICJ’s application to present an Amicus Curiae submission pursuant to Internal Rule 33

Cambodia: ICJ’s application to present an Amicus Curiae submission pursuant to Internal Rule 33

The ICJ and other human rights groups present this application in response to the Co-Investigating Judges’ Order of 28 July 2009, which was appealed against on 11 September.

The Applicants are well placed to assist the Pre-Trial Chambers in the proper determination of the issues on appeal. Both their experience in combating impunity for crimes under international law, including torture, and their struggle against torture throughout the world are decades-long, internationally-known and well-publicised.

Cambodia-Amucus Curiae submission-legal submission-2009 (full text in English, PDF)

ICJ’s written comments related to compulsory military service

ICJ’s written comments related to compulsory military service

The ICJ and other human rights groups intervened as a third party in the case of Bayatyan v Armenia, concerning the right of conscientious objectors not to perform compulsory military service.

The interveners argued that rights to freedom of thought, conscience and religion under Article 9 ECHR requires recognition of conscientious objection and provision of alternatives to compulsory military service.

Armenia-written comments NGOs-legal submission-2010 (full text in English, PDF)

Photo by Ministry of Defense of the Republic of Armenia

Case of Schalk and Kopf v. Austria

Case of Schalk and Kopf v. Austria

The ICJ and other human rights groups submitted an intervention in Schalk & Kopf v. Austria case.

In Schalk & Kopf v. Austria, the European Court of Human Rights held that the denial of a marriage license to a same-sex couple did not run counter to Austria’s obligations under Article 12 of the European Convention, but the Court did hold for the first time that an unmarried same-sex couple without children constituted a family for the purposes of privacy under Article 8.  Moreover, three of the judges held that there was a violation of Article 8 in conjunction with Article 14.

Austria-case Schalk Kopf-judgement-2010 (full text in English, PDF)

Austria-written comment-legal submission-2010 (full text in English, PDF)

Russia: ICJ legal opinion on section 3.10 of the Ryazan Oblast Law

Russia: ICJ legal opinion on section 3.10 of the Ryazan Oblast Law

Irina Fedotova was convicted under a law that criminalizes propaganda of homosexuality among minors.  She was holding a sign near a school that declared she was proud of her homosexuality. The ICJ’s submission to the Human Rights Committee analyses limitations on freedom of expression in light of the requirement of non-discrimination under the International Covenant on Civil and Political Rights.

Russian Federation-ICJ opinion Oblast law-legal submission-2010 (full text in English, PDF)

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