Oct 9, 2023 | Access to justice, Advocacy, Cases, News
Today, the International Commission of Jurists (ICJ), the AIRE Centre (Advice on Individual Rights in Europe), the Dutch Council for Refugees (DCR), and the European Council on Refugees and Exiles (ECRE), submitted a third-party intervention to the European Court of Human Rights in the case S.M.H. v Lithuania, concerning the deprivation of liberty of an asylum seeker.
S.M.H., an Iraqi citizen, who entered Lithuania irregularly and sought asylum, was subsequently arrested and detained in various centres. The applicant claimed that his detention was not justified, lacking both individualised assessment and effective legal assistance.
In its intervention, the ICJ and its partners focus on Article 5.1 and Article 5.4 of the European Convention of Human Rights (ECHR). In particular, the interveners analyse the requirements for lawful deprivation of liberty, the right to have the lawfulness of detention promptly examined by a Court, and the right to have effective legal assistance. The intervention considers both the EU and international law and standards related to deprivation of liberty and the right to an effective remedy against unlawful detention and material conditions of detention.
The key points of the intervention are as follows:
- The interveners submit that under Article 5.1 detention must not be arbitrary, and be prescribed by law both substantively and procedurally. The intervention highlights that detention must be a measure of last resort, it should follow an individualised and exhaustive examination, and it may be imposed only when less strict measures cannot be effectively applied.
- Regarding Article 5.4, the interveners clarify that an effective judicial review of detention prescribed by law and accessible in practice constitutes a safeguard against arbitrary detention. Legal aid and competent legal representation are essential elements in ensuring the accessibility and effectiveness of judicial review of the lawfulness of detention.
- Finally, the interveners stress that lack of access to clear information, lack of access to a lawyer, and lack of access to an effective remedy contravene the guarantees under Articles 3 and 13 ECHR, rendering them ineffective, theoretical, and illusory.
Read the full intervention here.
Oct 6, 2023 | Cases, Uncategorized
The International Commission of Jurists (ICJ), together with the AIRE Centre (Advice on Individual Rights in Europe), the Dutch Council for Refugees and the European Council on Refugees and Exiles (ECRE) submitted today a third party intervention in the Communicated case No. 193/2022, before the UN Committee on the Rights of the Child.
The case concerns immigration detention of an 11-year-old girl from Afghanistan together with her older sister and parents, pending transfer to another EU Member State according to the EU Dublin Regulation.
The interveners focus in their submission on the prohibition of immigration detention of children, including when accompanied by family members, the right to be heard, access to information and legal representation and age assessment in the migration context.
The full intervention can be read here.
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
Sep 21, 2023
Joint Oral Statement
The International Bar Association’s Human Rights Institute (IBAHRI) and the International Commission of Jurists (ICJ) condemn the widespread and escalating attacks on independent lawyers, including legal harassment, disciplinary actions, disbarments, and arbitrary criminal charges.
We deplore the abusive Foreign Agents Law, with its overbroad definition that covers any persons under “foreign influence”. The Law has been instrumentalized to violate the rights to freedom of expression, association, assembly, and public participation. Lawyers are repeatedly labelled as “foreign agents”, for exercising their human rights and performing their legitimate duties, and many had their licenses suspended.
The Ministry of Justice has listed lawyers as “foreign agents” for lawfully representing human rights defenders, including lawyers Pavlov and Vetoshkina.
Russia’s Constitutional Court has abdicated its responsibility to protect rights by summarily dismissing challenges to legislative provisions criminalizing “public actions aimed at discrediting” the Russian Armed Forces.
We are concerned that the Bar Association intends to set up an Integrated Information System of the Bar of Russia, with the legal obligation for every lawyer to be part of this system, increasing risks of digital surveillance, breach of lawyer-client confidentiality and further harassment.
The repressive legislation in Russia leaves few domestic options to seek justice. It is imperative to maintain rigorous monitoring. We therefore urge this Council to renew the mandate of the Special Rapporteur and ensure additional resources necessary to fulfil its role.
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
