Feb 13, 2013
The ICJ presents this legal opinion regarding the possible withdrawal of the license of lawyers R
aziya Nurmasheva and Iskander Alimbayev (photo) of the Almaty City Lawyers Collegium.
This case against the lawyers raises issues of international law and standards, in particular, Kazakhstan’s international obligations on protecting the role of lawyers and their right to a fair hearing. It further concerns the duty of the State to ensure that lawyers are able to carry out their functions without intimidation, hindrance, harassment or improper interference.
Kazakhstan-Expert legal opinion Nurmasheva-legal submission-2012 (full text in pdf)
Kazhakstan-Expert legal opinion Nurmasheva-legal submission-2012-RUS (full text in pdf)
Jan 15, 2013 | News
In particular, the Court recognizes that preventing sexual orientation discrimination is an important and legitimate purpose that justifies restrictions on freedom of religion.
In its judgment in Eweida and Others v. United Kingdom, issued on 15 January, the European Court of Human Rights affirmed that the right to act in accordance with one’s religion may be limited in order to protect others from discrimination based on sexual orientation. The ICJ, the European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA-Europe) and the International Federation for Human Rights (FIDH) welcome this decision.
Two of the four applications that were considered jointly in Eweida and Others concerned employees who refused to provide services to same-sex couples because of their personal religious beliefs.
The other two applications concerned employer-imposed restrictions on wearing visible crosses at work.
Lillian Ladele was employed by the London Borough of Islington as a marriage registrar.
She had refused to perform same-sex civil partnership ceremonies as part of her job because she believed that civil partnerships were equivalent to marriage and that same-sex unions were contrary to God’s will.
Following her refusal, she was disciplined and ultimately dismissed.
The Court held that Ladele’s employer’s decision not to make an exception for her religious beliefs was both legitimate and proportionate, in light of the Court’s own case-law concerning the right to be free from discrimination on the basis of sexual orientation and the need for same-sex couples to have legal recognition and protection of their relationships.
There was thus no violation of her right to be free from discrimination on the basis of religion.
Gary McFarlane was employed by Relate Federation, a private organisation providing sex therapy and relationship counselling.
He objected to treating same-sex couples and was dismissed.
The Court found that the right balance had been struck between McFarlane’s right to manifest his religious belief and “the employer’s interest in securing the rights of others.”
There was no violation of his right to freedom of religion, either separately or in conjunction with the right to be free from discrimination.
“Article 9 of the European Convention protects the right to manifest one’s religion in public, but this right is not unlimited,” stated Alli Jernow, Senior Legal Advisor of the International Commission of Jurists. “With today’s judgment, the Court upholds the importance of protecting others from discrimination.”
“This is a very timely decision, and particularly important in view of the fact that similar refusals to perform marriages and partnerships of same-sex or refusal to provide services to same-sex couples is a frequent occurrence in other European jurisdictions. This decision should help to guide national governments on the balance between freedom of religion and the right to non-discrimination on the ground of sexual orientation,” stated Evelyne Paradis, ILGA-Europe’s Executive Director.
“The Court’s reaffirmation that same–sex couples are in a similar situation to different-sex couples as regards their need to recognition and protection is an important step forward; that fundamental human right principle should guide all European states in the future,” concluded Souhayr Belhassen, FIDH President.
The ICJ, ILGA-Europe and FIDH had submitted a joint third-party intervention
See also:
European Court of Human Rights’ press release
European Court of Human Rights’ judgment in the case of Eweida and Others v. United Kingdom (Applications nos. 48420/10, 59842/10, 51671/10 and 36516/10) 15 January 2013
Dec 13, 2012 | News
Today’s ruling on the CIA’s detention and rendition of Khaled El-Masri is a historic moment because for the first time it holds a European state accountable for its involvement in the secret US-led programmes.
It is also a milestone in the fight against impunity, Amnesty International and the International Commission of Jurists (ICJ) said.
The European Court of Human Rights held unanimously that the former Yugoslav Republic of Macedonia (Macedonia) was responsible for the German national Khaled El-Masri’s unlawful detention, enforced disappearance, torture and other ill-treatment, and for his transfer out of Macedonia to locations where he suffered further serious violations of his human rights.
Further, that Macedonia did not satisfy its obligation to carry out an effective investigation.
“This judgment confirms the role Macedonia played in the Central Intelligence Agency (CIA) rendition and secret detention programmes, and is an important step towards accountability for European complicity in rendition and torture,” said Julia Hall, Amnesty International’s expert on counter-terrorism and human rights.
“Macedonia is not alone. Many other European governments colluded with the USA to abduct, transfer, ‘disappear’ and torture people in the course of rendition operations. This judgment represents progress, but much more needs to be done to ensure accountability across Europe.”
“This ruling is historic. It recognises that the CIA rendition and secret detention system involved torture and enforced disappearances. It emphasises that both the victims and the public have the right to know the truth about these serious violations. It affirms without doubt that Europe cannot be an area of impunity but it must be a place of redress and accountability where international human rights law obligations are not bypassed but fulfilled,” said Wilder Tayler, Secretary General of the ICJ.
“Other European governments – such as Poland, Lithuania, and Romania, against which cases are also pending with the Court – should note today’s European Court judgment and take measures to ensure that the truth is told, thorough, effective, independent and impartial investigations are carried out and those responsible are held accountable.”
The Court’s ruling also serves to highlight the absence of accountability and remedy in the USA, noting that the claim filed against the CIA by Khaled El-Masri was dismissed by the US courts after the US administration invoked the “state secrets privilege”.
On 31 December 2003, the Macedonian authorities arrested El-Masri, who is of Lebanese descent, after he entered Macedonia from Serbia.
They held him incommunicado, subjecting him to enforced disappearance, repeated interrogations and to ill-treatment, until 23 January 2004 when they handed him over to Central Intelligence Agency (CIA) agents.
As part of the covert, US-led rendition and secret detention programme, the CIA transferred El-Masri to a secret detention facility in Afghanistan.
There he was held unlawfully in secret, not charged with any crime and his detention was not subject to judicial review. He did not have access to a lawyer. His whereabouts were not acknowledged and he was held incommunicado.
As a result he was subjected to enforced disappearance for over four months. While in Afghanistan, he was subjected to torture and other ill-treatment.
On 28 May 2004, El-Masri was put on a plane and flown to Albania where he was released.
Contact:
Róisín Pillay, Director, ICJ Europe Programme, t +41 22 979 38 30; e-mail: roisin.pillay(at)icj.org
For the ICJ/AI third party intervention, click here
Europe-Joint public statement El Masri-2012
