Dec 18, 2023 | Attacks on Justice, Publications
In a briefing paper published today, the ICJ called on the Tunisian authorities to immediately end their attacks on independent judges and prosecutors, drop any criminal charges against them, and reinstate all those arbitrarily dismissed.
التقرير بالغة العربية
On 1 June 2022, President Kais Saied granted himself, via decree, absolute power to fire judges and prosecutors summarily, and [on the same day] promptly dismissed 57 of them. The President had earlier pledged to “cleanse” the judiciary on spurious accusations of widespread political bias and corruption.
The ICJ analysis of the cases of 18 dismissed judges and prosecutors, as well of another judge subjected to disciplinary and criminal proceedings, establishes a pattern of arbitrary disciplinary and criminal processes effectively aimed at purging the judiciary of those who asserted their independence and challenged the dismantling of the institutional independence of the judiciary.
“The ongoing arbitrary criminal prosecutions against independent judges and prosecutors for the legitimate exercise of their professional functions or of their right to freedom of expression is an affront to the rule of law and judicial independence in Tunisia,” said Said Benarbia, ICJ MENA director. “The authorities must immediately end such prosecutions and reinstate all judges and prosecutors who have been dismissed without legitimate grounds or due process”
In the aftermath of his speech on 25 July 2021 announcing exceptional measures, the President promised to “cleanse” and “purify” the judiciary, which he accused of complicity with political parties in power before July 2021, as well as of inefficiency, corruption and political bias. He also targeted the High Judicial Council and its members, limiting certain of their financial benefits. Since then, the President has followed up on his rhetoric with successive decisions and measures aimed directly at dismantling the judiciary’s institutional independence.
The ICJ’s analysis examines the process of arbitrarily dismissing and prosecuting judges and prosecutors in Tunisia since the adoption of these measures in light of the country’s obligations under international human rights law.
The ICJ’s analysis is primarily based on: (i) a review of 20 criminal cases opened by the authorities against 18 dismissed magistrates and of the case of Anas Hmedi, the President of the Association of Tunisian Magistrates (AMT), which is directly linked to his support of the dismissed judges and proseuctors; (ii) 15 interviews with judges, prosecutors and their lawyers; (iii) an analysis of the First President of the Administrative Court’s decisions to suspend the dismissal of 49 magistrates and to dismiss the request for suspension of seven others; and (iv) an analysis of decisions and reports by the General Inspection Service, the High Judicial Council and the Temporary High Judicial Council.
The ICJ considers that the conduct of the dismissed judges and prosecutors, on the basis of which they have apparently been subject to criminal proceedings, did not amount to recognizably criminal offences under general principles of criminal law and international human rights law and standards.
On the contrary, the ICJ’s analysis of these cases establishes that these judges and prosecutors were arbitrarily dismissed and then subject to criminal proceedings in relation to serious offences solely for three types of conduct, none of which is a legitimate basis for criminal prosecution:
- for the exercise of their prosecutorial and judicial functions in compliance with the law and ethical standards, and
- for the exercise of human rights protected by international human rights law, including the rights to freedom of expression and freedom of association
- for private conduct, unrelated to their performance of their duties, which, in any event, was not criminal in nature.
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3800; e: said.benarbia(a)icj.org
Download:
Download ICJ briefing on Attacks on Judges and Prosecutors in Tunisia in English: Here
Download ICJ briefing on Attacks on Judges and Prosecutors in Tunisia in Arabic: Here
Nov 14, 2023
Today, the International Commission of Jurists (ICJ) and partners have called on the EU General Affairs Council to make full use of procedure under Article 7.1 in addressing concerns about Hungary and Poland. They advocate for strong stance in defending EU values.
The International Commission of Jurists, Amnesty International , Human Rights Watch, International Federation of Human Rights, Open Society Foundations, Reclaim, Reporters Without Borders and Transparency International EU are sharing specific points in their letter this time especially on Hungary, expressing a regret that a state of play is being organized instead of a hearing and highlighting some serious recent shortcomings.
Read the full letter here.
Oct 23, 2023
A new question-and-answer briefing by the International Commission of Jurists (ICJ) examines recent developments that have detrimentally affected the right to freedom of association in Libya against the backdrop of an increasing crackdown on Civil Society Organizations (CSOs). Among such negative developments, the authorities have even begun enforcing repressive Gadhafi-era legislation, namely, Law No. 19 of 2001, which had not been enforced since the 2011 uprising.
.هذا البيان الصحفي متوفر باللغة العربية أيضاً
Said Benarbia, ICJ Middle East and North Africa Programme Director, said:
“Instead of subjecting them to the ongoing, relentless crackdown, Libyan authorities must ensure that independent CSOs be able to discharge their functions in defence of the rule of law and human rights independently, without political interference, undue restrictions, harassment, fear of intimidation or reprisal.”
The briefing analyzes the country’s legal framework and its compliance with domestic and international human rights law and standards. It answers the following questions:
- How has the legal framework regulating the right to freedom of association in Libya become more restrictive recently?
- Does the legal framework currently enforced by the Libyan authorities meet domestic and international human rights law and standards on the right to freedom of association?
- What are the impacts of the increasing restrictions on freedom of association on the rule of law and human rights?
Based on the analysis featured in the Q&A and with a view to ensuring full compliance with Libya’s obligations under international human rights law and relevant standards, the ICJ calls on the Libyan authorities to ensure that:
- All existing laws and decrees on CSOs be abolished, and new ones be adopted in accordance with Libya’s obligations under international human rights law and standards. Until then, the authorities shall ensure that any frameworks by the Government of National Unity or the Government of National Stability on the registration, functioning and funding of CSOs be fully in line with articles 14 and 15 of the 2011 Constitutional Declaration;
- CSOs be able to effectively play their watchdog role and act in defence of the rule of law and human rights, without political interference, intimidation, harassment or undue restrictions;
- All ongoing prosecutions and other arbitrary proceedings against civil society actors in relation to their legitimate work be terminated, and all those arbitrarily detained solely for their civil society work be immediately and unconditionally released;
- Accountability for human rights abuses to which civil society actors have been subjected; and
- CSOs be meaningfully consulted on and able to provide inputs in ongoing political processes, including those related to constitutional, electoral and transitional justice reforms.
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme; t: +41 22 979 3817, e: said.benarbia(a)icj.org.
Mohamed Hanafy, Legal Researcher, ICJ Middle East and North Africa Programme; e: mh(a)icj.org.
Juliette Rémond Tiedrez, Legal Researcher, ICJ Middle East and North Africa Programme; e: juliette.remond-tiedrez(a)icj.org.
Download
Q&A on the current attacks on the right to freedom of association in English and Arabic.
Press Release in English and Arabic.
Sep 22, 2023
Joint Oral Statement
The International Bar Association’s Human Rights Institute (IBAHRI) and the International Commission of Jurists (ICJ) deplore the widespread and systematic human rights violations in Belarus. We condemn the escalating pattern of retaliation against lawyers for representing the political opposition and protesters and, upholding the rule of law.
Since 2020, over 100 lawyers have faced harassment and have been forced to flee the country. On 27 July 2023, prominent lawyer Yuliya Yurgilevich and journalist Pavel Mazheika were sentenced to six years’ imprisonment on spurious charges, including against Yurgilevich for publicizing her disbarment and disseminating information on political prisoners .
We remain concerned at the apparent enforced disappearance of political prisoners, including Maria Kalesnikava and Viktar Babaryka, detained without access to the outside world, including lawyers.
The recent presidential decree from 4 September, restricting Belarus nationals in exile from accessing consular services, is unacceptable. It jeopardizes the enjoyment of human rights for those exiled and their families including the right to freedom of movement, to work, health, education, and housing
We urge:
- Belarus to immediately release all arbitrarily detained individuals, including lawyers and other political prisoners, and to ensure that all detained person have access to lawyer, doctors and family and cease their persecution, immediately withdraw the presidential decree on consular services.
- Host States to provide all necessary assistance to protect the rights of exiled Belarus nationals and their families.
This statement was delivered by:
Francesca Restifo
Senior Human Rights Lawyer and UN Representative
International Bar Association’s Human Rights Institute (IBAHRI)
For further information please contact
Francesca Restifo, IBAHRI, francesca.restifo@int-bar.org
Sandra Epal Ratjen, ICJ, sandra.epal@icj.org
Sep 21, 2023
For decades within its own borders, Russian authorities have undermined and attacked independent civil society, persecuted human rights defenders, activists, lawyers, and opposition and dissenting voices, banned independent media, silenced journalists, and have effectively outlawed any form of peaceful protest.
It has never been more dangerous to be a human rights defender in contemporary Russia. This environment, at least in part, enabled the Russian authorities to launch a renewed invasion of Ukraine on 24 February 2022. At the same time as the danger has increased, protections have decreased. The judiciary is not independent and cannot provide effective protection for human rights. Victims of Russian human rights violations no longer have the ability to bring their cases before the European Court of Human Rights, and Russia has even failed to turn up to United Nations Treaty Body reviews, specifically those of the Human Rights Committee, in 2022.
Ahead of the first Interactive Dialogue by the new UN Special Rapporteur on the situation of human rights in the Russian Federation at the Human Rights Council, this in-person side event at the 54th session allows for an opportunity to discuss critical updates on the human rights situation in Russia, as well as further action to respond to Russia’s human rights crisis and to the legitimate calls for support from domestic civil society.
The panel will focus on the following key questions:
¨ What are the most pressing human rights issues in Russia today?
¨ Why should the Human Rights Council look to renew the mandate of the Special Rapporteur during the 54th session?
Speakers
Mariana Katzarova
UN Special Rapporteur on the situation of
human rights in the Russian Federation
Violetta Fitsner
OVD-Info
Zhargal Budaev
Memorial Human Rights Defence Centre
Dmitry Gurin
European Prison Litigation Network
Closing statements
Oleg Kozlovsky
Amnesty International
Damelya Aitkhozhina
Human Rights Watch
Moderator
Dave Elseroad
Human Rights House Foundation
