Zimbabwe: ICJ publishes guide on independence of judges, lawyers and prosecutors

Zimbabwe: ICJ publishes guide on independence of judges, lawyers and prosecutors

Today, the ICJ publishes a practical guide which will give legal practitioners and others who engage with the administration of justice in Zimbabwe a readily accessible reference tool on the question of independence of judges and lawyers

The guide is entitled the International Principles on the Independence & Accountability of Judges, Lawyers and Prosecutors: ICJ Practitioners Guide No. 1 (2007) with annotations to current laws and practices in Zimbabwe.

It adapts the ICJ’s general Practitioners Guide to the particularities of the Zimbabwe justice system so as to make it especially useful for Zimbabwean practitioners.

The Guide takes as a starting point the principle of separation of powers and affirms that the judiciary serves as an essential check and balance on the political branches of government. In that way it can carry out its role in ensuring the fair administration of justice and as a guarantor of human rights.

Judges, lawyers and prosecutors must therefore be independent for the fair and effective functioning of the administration of justice.  They also must be accountable for misconduct such as corruption or complicity in human rights violations.

The Guide comes with Recommendations with a view to bringing Zimbabwean law and practices in line with international standards

Speaking on the publication, ICJ’s Senior Legal Advisor , Blessing Gorejena noted that,

“The independence of judges , lawyers and prosecutors is a cornerstone to an effective judicial system and an enabler of access to justice. It is our hope that this publication will inspire reflection and reform in line with the recommendations made in the Guide, which will strengthen the judicial system in Zimbabwe”.

The Practitioners Guide No.1 on Independence of Judges, Lawyers and Prosecutors was published in 2007. The adaptation of Practitioners Guide No. 1 reproduces the original text of the 2007 second edition, adding annotations to specific national legal and policy frameworks in Zimbabwe. It is part of a series of ICJ publications on international law which are being adapted to the Zimbabwean context. The publication will assist practitioners in terms of understanding the gaps within the Zimbabwean legal framework that need to be addressed to ensure compliance with international standards on independence of judges, lawyers and prosecutors.

Contact

Blessing Gorejena, Senior Legal Adviser and Team Leader of ICJ Zimbabwe Project, t: +263 77 215 1989, e: blessing.gorejena(a)icj.org

Elizabeth Mangenje, Legal Adviser, e: elizabeth.mangenje(a)icj.org

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Zimbabwe-Adaptation of PG1 to Zimbabwe-Guide-2021-ENG

Tunisia: Practical Guides show how Specialized Criminal Chambers can ensure access to justice for victims of abuses, in compliance with international standards

Tunisia: Practical Guides show how Specialized Criminal Chambers can ensure access to justice for victims of abuses, in compliance with international standards

The ICJ today released two practical guides aimed to assist practitioners to advance accountability and justice through the Specialized Criminal Chambers (SCC) in Tunisia.

Practical Guide 2 addresses the investigation and prosecution of gross human rights violations under Tunisian and international law, while Practical Guide 3 covers the principles and best practices on evidence in the administration of justice. Practical Guide 1, which was released in December 2019, considered the role of international law and standards in proceedings before the SCC.

Trials before the SCC started in May 2018.  Since the opening of the first hearing, it has been evident that gaps in the rules and procedures governing the investigation, prosecution and evidence in the SCC cases have served to endanger efforts to hold perpetrators to account and bring justice to victims for past violations of human rights.

“The credibility of SCC trials largely depends on their capacity to ensure effective and fair investigations and prosecutions based on strong, compelling and untainted evidence,” said Said Benarbia, the ICJ’s MENA Programme Director.

“These practical guides should serve to assist those working in the Tunisian justice sector to make the most of this opportunity to end impunity and enable victims to obtain redress, all while ensuring the highest possible fair trial standards.”

Practical Guide 2 sets out the international law and standards governing the obligation to investigate and prosecute gross human rights violations, the accused’s right to a fair trial, and the rights of victims and their families to participate in proceedings and to an effective remedy.

Practical Guide 3 describes the principles and best practices under international law that apply to the collection, admissibility and evaluation of evidence in the investigation and prosecution of gross human rights violations.

Both guides aim to provide options for applying Tunisia’s law and procedures on investigation, prosecution, and evidence in SCC cases in compliance with international law and standards.

“Tunisians have waited so long to see justice for the many human rights abuses that were committed in the past,” said Kate Vigneswaran, the ICJ’s MENA Programme Senior Legal Adviser.

“The SCC holds out the promise that this wait might end, but only if the trials are grounded on solid proceedings that put accountability, human rights and fairness at the forefront.”

Contact

Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org

Kate Vigneswaran, Senior Legal Adviser, ICJ Middle East and North Africa Programme, t: +31-62-489-4664; e: kate.vigneswaran(a)icj.org

Background information

The SCC were established in 2014 to adjudicate cases involving alleged “gross human rights violations” between 1955 and 2013 referred by the Truth and Dignity Commission (Instance Verité et Dignité, IVD).

At the end of its mandate in December 2018, the IVD’s referred to the SCC 200 cases of arbitrary deprivations of life, arbitrary deprivations of liberty, torture and other ill-treatment, enforced disappearance, rape and sexual assault and crimes against humanity committed by the past regime.

Practical Guides 2 and 3 are preceded by Practical Guide 1 on The Adjudication of Crimes Under Tunisian and International Law, which examines the principles of legality and non-retroactivity under international law and their application in the domestic system, and conducts an analysis of the definition of crimes under Tunisian law vis-à-vis international law for arbitrary deprivations of life, arbitrary deprivations of liberty, torture and other ill-treatment, enforced disappearance, rape and sexual assault and crimes against humanity. The three Guides will also be followed by Practical Guide 4 on modes of liability under Tunisian and international law.

In a briefing paper published in October 2020, the ICJ also called on the Tunisian authorities to undertake substantial legal and policy reforms with a view to strengthening accountability and removing the obstacles that impede the SCC work.

Download

Tunisia-SSC guide series no2-Publications-Reports-Thematic reports-2020-ENG (Guide 2 in English, PDF)

Tunisia-SSC guide series no3-Publications-Reports-Thematic reports-2020-ENG (Guide 3 in English, PDF)

Tunisia-Launch Guides-News-2020-ARA (story in Arabic, PDF)

Tunisia-SSC guide series no2-Publications-Reports-Thematic reports-2020-ARA (Guide 2 in Arabic, PDF)

Tunisia-SSC guide series no3-Publications-Reports-Thematic reports-2020-ARA (Guide 3 in Arabic, PDF)

COVID-19: ICJ publishes global guidance on the use of videoconferencing in judicial proceedings

COVID-19: ICJ publishes global guidance on the use of videoconferencing in judicial proceedings

The ICJ has published global guidance on the use of videoconferencing in judicial proceedings, particularly in the context of the COVID-19 pandemic.

The briefing note supplements more general guidance on the Courts and COVID-19 issued in May 2020.

The guidance recognizes the challenges faced by judiciaries in balancing the right to health of judges and others involved in court proceedings, with the fundamental role of the judiciary in securing access to justice, legal protection of human rights, and the rule of law.

It sets out a series of recommendations based on an analysis of relevant provisions of treaties and other international instruments, as well as international and regional jurisprudence.

While encouraging judiciaries and other authorities to seek to ensure availability of videoconferencing capabilities for litigants who voluntarily choose to use it, as well as in certain other circumstances, the guidance also highlights limits on the non-consensual imposition of videoconferencing on certain kinds of hearings, particularly criminal trials and judicial review of deprivation of liberty.

Among the topics covered are the following:
– ensuring public access to proceedings conducted by videoconference;
– the scope for videoconferencing in criminal proceedings, and the particular issues with its use in criminal trials;
– serious concerns with non-consensual imposition of videoconferencing for the judicial review of deprivation of liberty;
– essential considerations for ensuring the right to a lawyer in any use of videoconferencing.

Read also

The guidance is part of a wider body of ongoing work by the ICJ on human rights, the rule of law, and COVID-19. Other publications can be found here.

Download

Universal-videoconferencing courts and covid-Advocacy-2020-ENG (full paper, in PDF, in English)

Universal-videoconferencing courts and covid-Advocacy-2020-ARA (full paper, in PDF, in Arabic)

Universal-videoconferencing courts and covid-News-Press Release-2020-ARA (Press Release, in PDF, in Arabic)

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