Oct 17, 2013
The ICJ and Amnesty International presented a third party intervention in the case Abu Zubaydah v. Poland before the European Court of Human Rights.
In the third party intervention in this case on the alleged complicity of Polish authorities in the US-led operation that led to the rendition, secret detention and torture of Abu Zubaydah, the ICJ and AI outlined developments on the relevant knowledge imputable to Contracting Parties at the relevant time; the obligation to investigate and bring to justice the alleged perpetrators of gross violations of Convention Rights; the right to truth; and the right of the general public to know the truth and the application of the State secrets doctrine.
AbuZubaydah_v_Poland-AIICJThirdPartyIntervention-ECtHR-Final (download the third party intervention)
Oct 17, 2013 | Events
The ICJ participated in a meeting of experts within the Council of Europe’s Steering Committee on Human Rights (CDDH) in Strasbourg on 14-16 October 2013.
The Drafting Group on Human Rights and Business of the Steering Committee on Human Rights (CDDH-CORP) has drafted a Declaration of support to the Guiding Principles on Human Rights and Business for consideration by the Committee of Ministers. The ICJ expresses satisfaction at the progress made during the meeting and hopes that the draft declaration will be finally approved by Ministers and that this expert group will be able to move on to drafting a non-binding instrument on access to justice in the context of business activities.
Steering Committee meeting page (for agenda and report, including the draft Declaration)
Photo credit: © notfrancois (the author has no involvement in nor does support this submission)
Oct 14, 2013
The ICJ has submitted to the Committee against Torture comments in advance of its consideration of the Second Periodic Report of Kyrgyzstan under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).
The ICJ submission focuses on concerns about the implementation by Kyrgyzstan of Articles 1, 2, 3, 4, 11, 12, 14, 15 and 16 of the CAT concerning:
a) failure to prevent torture and other ill-treatment of persons in detention;
b) application of the definition of the crime of torture and its implications;
c) failure to ensure and respect the right of detainees of access to a lawyer;
d) failure to ensure independent, impartial and thorough investigation of acts of torture and other ill-treatment; and
e) failure to respect the prohibition of the use of evidence obtained under torture or other ill-treatment.
Finally, the submission addresses the failure of the authorities to ensure reparation to victims of torture and other ill-treatment, including that which should result from findings of violations by UN treaty bodies.
Kyrgyzstan- CAT51-Legal submission-2013 (download the submission in pdf)
Oct 10, 2013
Today, the International Commission of Jurists and the Open Society Justice Initiative submitted a third party intervention before the European Court of Human Rights in the case of Gîrleanu v. Romania.
Marian Gîrleanu was journalist fined for having been in information considered confidential by the Romania state authorities concerning international involvement in the Iraq and Afghanistan wars. The information was never published. In their intervention, the ICJ and OSJI submit that sanctions for unauthorized possession or disclosure of information by journalists and other similarly protected persons may seriously impair their rights under Article 10 of the European Convention on Human Rights right to receive and impart information, and may only be applied in very exceptional circumstances. The two human rights organizations stress that it is the State, not journalists, that is responsible for the protection of government information. Journalists and other who perform a public watchdog function that is fundamental to a democratic to a democratic society may not be subject to sanctions for possession or disclosure in the public interest of information.
ECtHR-ThirdPartyIntervention-Girlenau-Romania-2013 (Read the third party intervention)
Oct 2, 2013
Amnesty International and the ICJ comment on the case of three asylum seekers in the Netherlands who say the criminalisation of who they are puts them at risk of being persecuted in their country of origin.
Following Advocate General Sharpston’s Opinion in the case of X, Y and Z v Minister voor Immigratie, Integratie en Asiel (C‑199/12, C‑200/12 and C‑201/12) pending before the Court of Justice of the European Union, in these observations Amnesty International and the ICJ assert that when the criminalization of same-sex acts or conduct provides the possibility of imprisonment upon conviction it would per se give rise to a well-founded fear of persecution irrespective of evidence of recent enforcement.
Europe-Observations by AI and ICJ on X, Y and Z CJEU-analysis brief-2013 (full text in pdf)
Photo: ec.europa.eu
