Mar 28, 2016 | News
The ICJ welcomes the release of human rights lawyer Intigam Aliyev today after the Supreme Court reduced and suspended his sentence and ordered his immediate release.
Intigam Aliyev, a prominent human rights lawyer and the head of the NGO Legal Education Society, had been convicted on 22 April 2015 of tax avoidance, illegal entrepreneurship and abuse of power and sentenced to seven and a half years of imprisonment by a Baku Court.
A number of credible human rights organizations and international observers who have closely followed the case have stated that they consider the charges he was tried on to have been politically motivated, and that the real reason for his prosecution and conviction was repression by the Government of critical voices in civil society.
In a closed hearing, the Supreme Court reduced his sentence to five years of imprisonment and suspended its execution, after a request to this effect was made by Azerbaijan’s Prosecutor General, Zakir Garalov.
This unusual initiative follows the rejection, on 24 February, by the same Supreme Court of Intigam Aliyev’s complaint against his sentence.
“While the release of Intigam Aliyev is a positive step, the ICJ remains concerned that this decision appears to leave the underlying conviction in place despite credible reports that the charges were politically motivated,” said Massimo Frigo, ICJ Legal Adviser.
“If, as these allegations would suggest, Intigam Aliyev was targeted for his work as a lawyer, this would clearly violate international standards on the independence of lawyers”, said Temur Shakirov, another ICJ Legal Adviser.
Contact
Temur Shakirov, Legal Adviser, Europe Programme, temur.shakirov(a)icj.org
Massimo Frigo, Legal Adviser, Europe Programme, masimo.frigo(a)icj.org
Mar 24, 2016 | Advocacy, News
The ICJ and ECRE presented today a joint submission on the situation of the asylum and reception systems in Greece to the Committee of Ministers of the Council of Europe.
The submission was presented in view of a meeting of the Committee of Ministers of the Council of Europe on the implementation by Greece of the European Court of Human Rights’ judgment in the case of M.S.S. v Belgium and Greece that will take place next June.
The submission refers to the previous detailed joint submissions of ICJ and ECRE and provides recent information on the state of the asylum procedure, reception conditions and detention practices, which are likely to be of importance to the supervision of the execution of the M.S.S. v. Belgium and Greece ruling. It focuses on:
- ongoing obstacles to accessing the asylum procedure, namely concerning registration before the Asylum Service, the operation of appeals bodies, as well as the likely application of the “safe third country” concept regarding Turkey;
- the state of Greece’s reception system, with a view to properly assessing its capacity to accommodate asylum seekers and migrants on its territory; and
- updated information on the lawfulness and conditions of immigration detention, including new risks of detention stemming from nationality-profiling and the establishment of “hotspots” at points of arrival.
Greece-ICJECRE-MSS-CommitteeMinisters-5thsubmission-legal submission-2016-ENG (download the joint submission)
Mar 21, 2016 | News
The ICJ today expresses serious concern that the deal concluded on Friday 18 March between the European Union and Turkey on the return of migrants and refugees to Turkey is likely to lead to serious violations of international and EU human rights and refugee law.
“This initiative carries high risks of infringing the right of asylum and the prohibition of non-refoulement, as well as the right to an effective remedy for potential violations of these rights”, said Róisín Pillay, Director of the ICJ Europe Programme.
All EU Member States, including Greece, have obligations to protect these rights under international human rights law, and Member States and EU institutions have similar obligations under the EU Charter of Fundamental Rights.
The agreement seeks to establish swift return from Greece to Turkey of any migrant or asylum seeker attempting to reach Greece who does not apply for international protection there or whose application is deemed unfounded or inadmissible.
In order to facilitate such returns, Turkey may be declared to be a “safe third country” which could allow for the dismissal of asylum requests in Greece based on this element alone, and the rapid return of applicants.
The EU and Turkey, in their joint statement, contend that these operations will not be carried out in violation of international and EU law, including the prohibition of collective expulsions and the principle of non-refoulement, which prohibits return to a country where the returned person faces a real risk of torture or other serious violation of human rights.
It is nevertheless unclear how the system proposed could lead to swift returns, while respecting international human rights and refugee law, the EU Charter of Fundamental Rights and the EU Asylum Procedure Directive, for a number of reasons.
First, the ICJ stresses that Turkey cannot be considered a “safe third country” for the return of migrants and refugees.
Authoritative reports and international jurisprudence on Turkey demonstrate that neither the general human rights situation in Turkey, nor its asylum procedure and reception system are in line with international law, including Turkey’s obligations under the European Convention on Human Rights’ prohibition of inhuman and degrading treatment in article 3 ECHR.
Second, the ICJ affirms that the commitment of Turkey to adapt its asylum system to comply with international law and standards does not in itself allow for returns from EU countries in compliance with the principle of non-refoulement.
International and EU law binding on Greece and other EU Members States requires an assessment of the situation in the country of return at the moment the return is effected to determine whether there is a real risk of violations of human rights.
Therefore, at present, and irrespective of the commitments made on reform, any return to Turkey would be at high risk of infringing the principle of non-refoulement and the returning country’s legal obligations.
Crucially for the prospects of the new system, it is also clear that the Greek asylum system is not in a position to proceed to a swift consideration of asylum applications in compliance with human rights, including procedural guarantees.
“As is clear from ongoing Council of Europe discussions about implementation of European Court decisions against Greece, the Greek asylum procedure cannot yet provide for an effective remedy for cases of arbitrary refoulement. Without respect for such guarantees, many migrants will be left vulnerable,” said Massimo Frigo, Legal adviser at the ICJ.
The ICJ emphasises that, whatever co-operative arrangements are put in place, Greece and Turkey will have responsibility under international human rights and EU law as regards the rights of persons subject either to Greek or Turkish territorial jurisdiction or to Greek or Turkish authority and/or control.
Furthermore, through its direct involvement in and financing of these arrangements, the EU itself may be complicit in any breach of the right of asylum, the prohibition of collective expulsions, the prohibition of non-refoulement or the right to an effective remedy.
The ICJ is further concerned at the “one for one” resettlement mechanism that will be established to settle one Syrian refugee in a EU country for every Syrian returned to Turkey.
It is of serious concern that this mechanism contemplates the return of Syrians to Turkey. Syrians are prima facie entitled to international protection and would likely fall within one of the grounds of international protection of the EU Qualification Directive.
It would therefore be unlawful under EU law to return them to Turkey.
Full text and additional information on the content of the deal available here.
Contact
Róisín Pillay, Director, Europe Programme, roisin.pillay(a)icj.org
Massimo Frigo, Legal adviser, Europe Programme, massimo.frigo(a)icj.org
Mar 11, 2016 | Advocacy
The ICJ, Amnesty, ECCJ and FIDH welcome the adoption of the Recommendation of the Committee of Ministers to member States on human rights and business (the Recommendation) on 3 March 2016.
This is the Council of Europe’s first inter-governmental instrument on business and human rights.
Adopted by the organization’s highest decision-making body, the agreement by all 47 Council of Europe member States is a significant achievement.
If adequately implemented, the Recommendation can contribute to an enhanced system of legal accountability of business enterprises involved in human rights abuses and access to effective remedy for those whose rights have been affected.
EU-coe_recommendation-Advocacy-2016-ENG (full text in PDF)
Mar 11, 2016 | Новости, Статьи
Сводная мобильная группа известна своей мужественной работой по открытию судебных дел от имени жертв пыток в Чечне. 9 марта они путешествовали вместе с журналистами, когда группа подверглась физическому нападению; их конфиденциальные записи были украдены, а их автомобили сожжены.
Их офисы в Ингушетии также подверглись нападению.
Это часть постоянных угроз и запугивания, направленных против Сводной мобильной группы.
Еще в декабре их офисы в Чечне были полностью сожжены.
Премия Мартина Энналса обеспечивает защиту через рекламу правозащитников, которые работают под личным риском для защиты прав других.
«К сожалению, кажется, что необходимость защиты в этом случае остается столь же актуальной, как и прежде. Мы настоятельно призываем ответственные органы выявить виновных и привлечь их к ответственности», – говорится в заявлении МКЮ.
Лауреат премии выбирается жюри из 10 глобальных правозащитных организаций, включая МКЮ.
Другие члены – Международная амнестия, Human Rights Watch, Human Rights First, МФПЧ – Международная федерация по правам человека, Всемирная организация против пыток (ВОПП), Front Line Defenders, ПАДР Германия, Международная служба по правам человека и HURIDOCS.
Для получения дополнительной информации вы также можете прочитать статьи на BBC, The Guardian, Russia Today и отчет о ПМЭ 2013.
Фотография: Игорь Каляпин, основатель Сводной мобильной группы.
