Mar 20, 2013 | Advocacy, Non-legal submissions
The ICJ presented its views on corruption and the rule of law at a hearing of the Legal Affairs and Human Rights Committee of PACE, on 19 March.
The ICJ presentation, supported by a written submission, addressed in particular the importance of a strong and independent judiciary in combating corruption, and the need to prevent judicial corruption through legislative, organisational and educational measures that promote and support an independent and impartial judiciary.
The hearing, before the Legal Affairs and Human Rights Committee of the Parliamentary Assembly of the Council of Europe, was in preparation for a report by the Committee on Corruption as a threat to the Rule of Law in Europe.
Corruption as a Threat to the Rule of Law (Full text, PDF)
Mar 18, 2013 | Advocacy, Cases, Legal submissions
The ICJ and Amnesty International presented a third party intervention in the case Al Nashiri v Romania before the European Court of Human Rights.
In the third party intervention, the ICJ and AI outlined developments on the prohibition of arbitrary deprivation of liberty as a rule of customary international law; on the knowledge imputable to Contracting Parties at relevant times; on the duty to investigate credible allegations of human rights violations and the right to truth; and on the evidential approach to enforced disappearances.
AlNashiri_v_Romania-ICJAIJointSubmission-ECtHR-final (download the third party intervention
Mar 11, 2013
The ICJ has brought to the attention of the UPR mechanism issues concerning migration and asylum, criminalization of abortion and recognition of gender identity and marriage in Malta.
The ICJ’s submission comes ahead of the consideration of the human rights situation in Malta by the Human Rights Council’s Working Group on the Universal Periodic Review (21 October to 1 November 2013). It includes suggested recommendations to be taken up in the UPR of Malta.
Malta-UPR17-StakeholderSubmission-LegalSubmission-2013 (download full submission in PDF)
Malta-UPR17-AdvocacyNote-LegalSubmission-2013 (download short advocacy note in PDF)
Malta-UPR17-ComparisonChart (download comparison of ICJ suggested recommendations against UPR first cycle recommendations)
Feb 25, 2013
The ICJ and ECRE presented a second joint detailed submission on the situation of detention, application procedures and remedies for asylum seekers in Greece to the Committee of Ministers of the Council of Europe.
The submission was presented in occasion 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. The submission highlighted legal and practical shortcomings in the Greek system on detention of asylum seekers, conditions of detention, judicial review and access to an effective remedy, living conditions of asylum seekers, access to information and non-refoulement.
Greece-ICJECRE-MSS-CommitteeMinisters-2ndsubmission-legal submission-2013 (download the submission)
Photo credit: © notfrancois (the author has no involvement in nor does support this submission)
Feb 25, 2013 | Advocacy, Cases, Legal submissions
The ICJ and Amnesty International presented additional observations in the case Al Nashiri v Poland before the European Court of Human Rights.
In their supplementary third party intervention, the ICJ and AI outlined developments in light of the case El-Masri v the Former Yugoslav Republic of Macedonia on enforced disappearances, on diplomatic representations in light of the Grand Chamber’s findings on responsibility for violations outside the jurisdiction, on the gross human rights violations that detainees previously held in the USA’s secret detention and rendition programme are currently enduring, and on relevance of the Grand Chamber’s observations in El-Masri in relation to any potential resort to ex parte materials and procedures.
Poland-ICJAI-SupplAmicusBrief-AlNashiri v Poland-legal submission-2013 (download the third party intervention)