Sep 22, 2017 | Advocacy, Non-legal submissions
Addressing the UN Human Rights Council, the ICJ today urged Thailand to end criminal proceedings against lawyer Sirikan “June” Charoensiri, that are based on her professional activities as a human rights defender and lawyer.
The statement came during general debate at the Human Rights Council on, among other things, the report compiling cases of individual complaints that have been raised by the Special Procedures (independent experts) appointed by the Council. The statement read as follows:
“Among the many cases covered by the Communications Report of Special Procedures (A/HRC/36/25) is that of Thailand lawyer and human rights defender, Sirikan “June” Charoensiri. She was charged with sedition and other offences for actions taken, in her professional role, to protect human rights. With other lawyers, she had observed and provided legal assistance to participants in a peaceful protest.
In April, four Special Rapporteurs sent a joint communication (AL THA 2/2017) to Thailand about her case, and the related issues of restrictions on fundamental freedoms put in place following the military coup of May 2014, and prosecution of civilians in military courts.
Thailand’s response to the communication (No.52101/483) attempts to justify the charges against her by, among other things, appearing to associate her with the persons to which she and her colleagues were providing legal aid.
Principle 18 of the UN Basic Principles on the Role of Lawyers states that, “lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.”
The International Commission of Jurists considers that the case against Ms Charoensiri is incompatible with these and other international human rights standards. The ICJ calls upon Thailand ensure the legal proceedings against Ms Charoensiri are ended, and that measures are taken to end and prevent similar cases against other human rights defenders in the country.”
Exercising its right of reply to the statement, the delegation of Thailand, while appearing to accept that Ms Charoensiri is a human rights defender and lawyer, asserted that she had not been charged in her capacity as a lawyer or human rights defender, but due to the possibility that she was a principal or co-perpetrator of an offence, which the delegation said was based on unspecified information from the Royal Thai Police. The delegation affirmed that the Thai government attaches high priority to the protection of human rights defenders, and referred to several initiatives the delegation said were currently being prepared in this regard.
More detail from ICJ about the case is available by clicking here.
Details of the Special Procedures’ action on the case is available in the database of communications, by clicking here.
Sep 21, 2017 | Advocacy, Non-legal submissions
Speaking at the UN today, the ICJ called on India to reconsider its refusal to accept recommendations for decriminalisation of consensusal same-sex relations, abolition of the death penalty, and ensuring accountability for human rights violations.
The oral statement was made during the consideration by the UN Human Rights Council of the outcome of India’s Universal Periodic Review (UPR) process. It read as follows:
“The International Commission of Jurists (ICJ) regrets that India has not supported recommendations related to decriminalizing consensual same-sex relations, abolishing the death penalty, and combatting impunity for serious human rights violations.
The ICJ has documented how by allowing the criminalization of consensual same-sex relations, section 377 of the Indian Penal Code has facilitated numerous human rights violations, including violations of the principle of non-discrimination and the rights to equality before the law and equal protection of the law, liberty and security of person, freedom of expression, health, and privacy. Section 377 has also perpetuated homophobic and transphobic attitudes in India, leading to discrimination and violence against LGBT individuals.
The Government has also failed to take steps to combat impunity for serious human rights violations such as extrajudicial killings, enforced disappearances, and torture and other ill treatment, which are facilitated by laws such as the Armed Forces Special Powers Act (AFSPA) and other national security and public safety legislation. Despite repeated commitments to do so, India has also not enacted legislation to recognize torture as a distinct, autonomous offence in its penal code.
The ICJ therefore urges the Government to reconsider, accept and implement UPR recommendations to:
- Decriminalize consensual same-sex sexual relations (161.71, 161.76, 161.77, 161.78, 161.79);
- Enact legislation consistent with the Supreme Court’s recognition of the rights of transgender persons and international human rights standards (161.80);
- Repeal AFSPA and other state and central level laws that similarly violate international human rights law (161.97, 161.248, 161.249);
- Become a party to the CAT; OPCAT; the Second OP to the ICCPR; the ICPPED and other international instruments (161.13, 161.15, 161.29, 161.30, 161.31); and
- Establish a moratorium on the use of the death penalty, with a view towards its abolition (161.104 – 161.115).”
Sep 18, 2017 | Events
On 19 September, the ICJ and other leading international NGOs are convening a panel to discuss the crisis for human rights and rule of law in Cambodia, at a side event to the UN Human Rights Council session taking place in Geneva.
The side event comes as States consider a new draft resolution on Cambodia for adoption by the Human Rights Council. Before the session, the ICJ joined other organizations in calling for strengthening of the resolution and its measures for monitoring, reporting on and discussing the situation for human rights in the country.
Moderator:
- Laila Matar, Senior UN Advocate, Human Rights Watch
Speakers:
- Rosanna Ocampo, Forum Asia
- Kingsley Abbott, International Commission of Jurists
- John Sifton, Human Rights Watch
The event takes place Tuesday, 19 September 2017, 11:00 – 12:00, in the Palais des Nations, Room XV.
ICJ is organizing the event together with Human Rights Watch, Forum-Asia, Civicus, Article 19, FIDH, OMCT, and ISHR.
For more information, contact un(a)icj.org
Sep 14, 2017 | Advocacy
In a joint statement released today, the ICJ joins several other organisations in calling on the Supreme Court of the Maldives to rescind the indefinite suspension of 56 lawyers.
The lawyers had signed a petition to the Supreme Court calling for the independence and reform of the judiciary.
The statement, made jointly with Maldivian Democracy Network, Front Line Defenders, Transparency International and FORUM-ASIA, can be downloaded here: Maldives-Advocacy-Lawyers-2017
Sep 13, 2017 | Advocacy, News
As proceedings resume in India v. Pakistan (Jadhav case) before the International Court of Justice (ICJ), the ICJ has published a briefing paper to clarify the key issues and relevant laws raised in the case in a Question and Answer format.
The case concerns Pakistan’s failure to allow for consular access to an Indian national detained on charges of serious crimes.
India has alleged “egregious violations of the Vienna Convention on Consular Relations (VCCR)” by Pakistan in connection with the detention, trial and conviction of Indian national Kulbhushan Sudhir Jadhav.
Pakistani authorities arrested Jadhav on 3 March 2016.
India was informed of the arrest on 25 March 2016. On 10 April 2017, Pakistan’s military announced Jadhav had been convicted and sentenced to death by a military court for “espionage and sabotage activities against Pakistan.”
India’s requests for consular access, made at least sixteen times starting from 25 March 2016, were either denied by Pakistan or made conditional upon India’s assistance in the investigation against Jadhav.
India alleges that denial of consular access breaches Pakistan’s obligations under Article 36(1) of the VCCR, to which both States are parties.
In May 2017, the ICJ accepted India’s request for provisional measures and directed Pakistan to “take all measures at its disposal” to ensure Jadhav is not executed pending the final decision of the Court.
India is due to file its written memorial with supporting documents today, 13 September.
Pakistan will have three months to file a counter-memorial.
The ICJ will then decide on dates for oral hearing of arguments.
Following the hearings, the Court will deliberate and issue a judgment.
While the case at issue is limited to denial of consular access under the VCCR, it engages other critical fair trial concerns that arise in military trials in Pakistan.
The International Commission of Jurists has documented how Pakistani military courts are not independent and the proceedings before them fall far short of national and international fair trial standards.
Judges of military courts are part of the executive branch of the State and continue to be subjected to military command; the right to appeal to civilian courts is not available; the right to a public hearing is not guaranteed; and a duly reasoned, written judgment, including the essential findings, evidence and legal reasoning, is denied.
The case also underscores one of inherent problems of the death penalty: that fair trial violations that lead to the execution of a person are inherently irreparable.
The International Commission of Jurists considers the death penalty a violation of the right to life and cruel, inhuman or degrading punishment and notes that a large majority of States, in repeated UN resolutions, have called on retentionist states to declare a moratorium on the practice with a view to abolition.
Contact:
Frederick Rawski (Bangkok), ICJ Asia Pacific Regional Director, e: frederick.rawski@icj.org
Reema Omer (London), ICJ International Legal Adviser, South Asia t: +447889565691; e: reema.omer(a)icj.org
Download the Q&A:
India-ICJ Q&A Jadhav case-Advocacy-2017-ENG (in PDF)
