Oct 30, 2019 | News
The ICJ hosted a two-day workshop on 28-29 October 2019 in Myanmar’s capital, Nay Pyi Taw. Organized jointly with the Union Attorney General’s Office (UAGO), 15 prosecutors and ten members of the Myanmar Police Force attended this event, entitled “Workshop on the Minnesota Protocol.”
Participants included persons involved in the conduct of criminal investigations, as well as senior members with oversight of their work. The workshop was opened with remarks by His Excellency U Win Myint, Deputy Attorney General of the UAGO, and Sean Bain, Legal Adviser for the ICJ in Myanmar. Both speakers underscored the importance of conducting effective investigations according to international standards.
The Minnesota Protocol provides guidance on the State’s implementation of its duty under international law to effectively, thoroughly and impartially investigate potentially unlawful killings, including when State actors may have been involved. It applies to deaths under custody, suspicious deaths, and suspected cases of enforced disappearance. The workshop takes place in a context in which Myanmar has experienced well documented and widespread incidences of such unlawful killings amounting to serious crimes under international law.
An overview of the international human rights law framework was provided by ICJ Associate Legal Adviser Jenny Domino, highlighting how the conduct of prompt, effective and impartial investigations into unlawful killings is a core component of the State’s obligation to uphold the right to life, binding on all States under international law. ICJ Legal Researcher Ja Seng Ing provided an overview of the contents of the Minnesota Protocol, including a discussion of its 2016 revision to align it with contemporary norms and practices.
Glenn Williams, an experienced international criminal investigator and Detective Inspector (Retired) of the New Zealand Police Force explained how to properly secure a crime scene and chain of custody in order to preserve the integrity of the evidence. Participants applied these skills in a group exercise based on a real-life case from the Solomon Islands. He also presented on the proper conduct of witness interviews, emphasizing the need to frame questions in a manner that would avoid the re-traumatization of victims. Glenn Williams further shared the investigative challenges of dealing with telecommunications evidence from his time at the Special Tribunal for Lebanon.
Dr. Porntip Rojanasunan, a forensic pathologist in Thailand and Member of the Expert Advisory Panel during the Minnesota Protocol revision process, shared her forensic expertise through illustrative cases that she had worked on in Southeast Asia in the past two decades. Dr Porntip stressed the importance of forensic pathology in determining the true cause of death. She also emphasized the importance of conducting an autopsy in potential cases of human rights violations.
The workshop is part of the ICJ’s ongoing promotion of international human rights law and standards globally. In Asia, this has included engagement with Myanmar authorities as well as authorities in neighboring countries.
See also:
Myanmar: ICJ discusses the Minnesota Protocol with prosecutors
ICJ Oral statement in the interactive dialogue with the fact finding mission on Myanmar
Report: Achieving Justice for Gross Human Rights Violations in Myanmar
Related material:
Minnesota Protocol (English)
Minnesota Protocol (unofficial Burmese translation)
Oct 25, 2019 | News
Today the ICJ condemned the response of Lebanese security forces to predominantly peaceful protests that erupted across Lebanon on 17 October following the government’s attempt to introduce a daily tariff on voice calls made through applications such as WhatsApp.
The ICJ called on the Lebanese authorities to respect and protect the right of protestors to peaceful assembly and freedom of expression; to refrain from using unlawful force to disperse protests and ill-treatment of protestors and; to effectively investigate and ensure accountability for any abuses committed in connection with the protests.
Security forces in Lebanon have employed excessive and unlawful force against protestors, amid nationwide dissent over Lebanon’s worsening economic crisis.
NGOs and video footage circulating on news and social media platforms document a number of disproportionate measures used to disperse crowds and quell the unprecedented protests, including by firing tear gas, beating protestors and forcefully removing them from their peaceful sit-ins.
“The Lebanese authorities must ensure the effective investigation and prosecution of all abuses committed in the context of these protests by State or Non-state actors, including the arbitrary use of force, arrests and ill-treatment,” said Said Benarbia.
With respect to the use of force, the Lebanese authorities are bound by international law and standards, which stipulate that the use of force by law enforcement officials is only permissible when it is a last resort, is strictly necessary and is used to the extent required for the performance of their duty.
Attacks by armed groups affiliated with the Amal Movement and Hezbollah have also been reported by local organizations and media.
At least 15 protesters were injured in Nabatieh and six persons in Riad al-Solh and admitted to hospital. Additional violent attacks on protesters, allegedly attributed to the Amal Movement, also took place in the city of Soor.
Background
The protests purportedly broke out in response to years of rampant corruption, unemployment and poverty.
By 18 October, protests were characterized by calls to oust governmental authorities perceived as Lebanon’s ruling elite, including the president, government and legislative authority, and fundamental change to the sectarian political system.
In an attempt to diffuse the increasingly tense situation and appease protestors, Prime Minister Saad Hariri announced the adoption of a raft of economic reforms on 21 October.
Anti-government protests however, which have now entered their ninth consecutive day, have gained considerable momentum.
Lebanon is a party to the International Covenant on Civil and Political Rights and the Arab Charter on Human Rights. Both of these treaties require the State to guarantee and protect the rights to freedom expression and freedom of assembly and freedom from torture and other cruel, inhuman or degrading treatment or punishment, including through the unlawful use of force.
Lebanon-Protests-News-web story (story in Arabic, PDF)
Oct 24, 2019 | News
The ICJ in collaboration with the Judicial Institute of Africa (JIFA) and Democratic Governance and Rights Unit (DGRU) convened a three-day training workshop for Zimbabwe court researchers.
The training workshop was held from the 21 to 23 October 2019 at the University of Cape Town, South Africa.
The judicial research programme is an initiative that was established to increase the research capabilities of the researchers, which would in turn improve the jurisprudence emerging from the courts.
Court researchers play a crucial role in the development of Zimbabwean jurisprudence through the work they undertake on behalf of the judges.
Furthermore, the increased efficiency that they bring to the courts allows judges to expend more of their efforts on well-informed analysis and administration of cases.
This brings a better quality of justice and reduces waiting periods for judgments and case backlog.
Arnold Tsunga the Director of the Africa Regional Programme of the ICJ remarked that “given the importance of the space that these researchers occupy, it is important to ensure that their legal knowledge and skills continue to be relevant and comprehensive so that they can provide a service of quality that adequately responds to the needs of judges. This in turn will also contribute to attainment of the UN Strategic Develop Goal (SDG) 16 and 5 on access to justice for all as well as SDG 5 on leaving no one behind.”
The areas of discussion for the three-day training workshop focused on judicial ethics, accessing judgments, accessing research materials, judgment writing and memo writing.
The training workshop was facilitated by judges, university teaching staff, and external resources. Twenty researchers are took part in the training workshop, including 17 women.
Contact
Arnold Tsunga, t: +26377728 3248; e: arnold.tsunga(a)icj.org
Rumbidzai Muyendesi, t: +263771666579; e: rumbidzai.muyendesi(a)icj.org
Oct 22, 2019 | Artículos, Noticias
La CIJ anuncia visita de delegación internacional de alto nivel para participar en la VII Conferencia Regional sobre Independencia Judicial el 25 y 26 de Octubre.
La CIJ en Centroamérica llevará a cabo la VII Conferencia Regional sobre Independencia Judicial, con el tema central de la Seguridad de Jueces y Juezas.
En ella se debatirá sobre el papel que deben de jugar los estados, para la protección de jueces y juezas, así como la relación que existe entre la independencia judicial y la seguridad de quienes imparten justicia.
Han llegado al país, la magistrada de la Corte Suprema de Justicia de Serbia y Comisionada de la CIJ, Radmila Dragicevic, el Magistrado Emérito del Tribunal Supremo Español y Comisionado de la CIJ José Antonio Martín Pallín, dos Jueces de Noruega Erland Flaterud y Finn-Arne Schanche y 9 Jueces de Centroamérica, entre los cuáles se encuentra el Magistrado de la Corte Suprema de Justicia de El Salvador Leonardo Ramírez Murcia. Además, participará el Presidente de la Corte Suprema de Justicia de Costa Rica, Fernando Cruz Castro.
Guatemala-Judicial Conference CA-News-2019-SPA
Oct 22, 2019 | News
On 25 and 26 October, the ICJ in Central America will hold the VII Regional Conference on Judicial Independence, with the central theme of the protection and security of Judges.
The Conference will discuss the role that governments should play in the protection of judges, as well as the relationship between judicial independence and security of those who deliver justice.
Participants from outside the region include Radmila Dragicevic Justice of the Supreme Court of Cassation of Serbia and Vice-President of the ICJ; José Antonio Martín Pallín, Judge Emeritus of the Spanish Supreme Court of Justice and ICJ Commissioner, and Erland Flaterud and Finn Arne Schanche, both judges from Norway.
Nine other judges from Central America will attend, including Leonardo Ramírez of the Supreme Court of Justice of El Salvador Murcia and Fernando Cruz Castro, President of the Supreme Court of Justice of Costa Rica.
The ICJ regrets that the Supreme Court of Justice of Guatemala has not been in a position to receive this important delegation at its plenary on 23 October to address the issue of the security of judges.
The ICJ recalls that this Conference is held within the framework of a letter of cooperation and understanding agreed with the former President of the Judicial Branch and the Supreme Court of Justice, Ranulfo Rojas Cetina in 2015.
The ICJ is particularly concerned that there is presently an unfilled vacancy for Chief of Security for the judiciary, following the resignation of the former Chief who had allegedly engaged in conduct not consistent with his function.
Ramón Cadena, Director of the ICJ for Central America, said: “It is the duty of the Supreme Court of Justice to inform the Guatemalan public about the Judges Protection System, so that it does not become a source of corruption or in any way interferes with the work of independent, and impartial judges.”
In Guatemala, the international delegation will meet with judges such as Yassmín Barrios, Ericka Aifán, Miguel Ángel Gálvez, Carlos Ruano and Pablo Xitumul among others. They have been the subject of seemingly unfounded complaints which have posed risks to their personal security and independent judicial functioning.
