Nov 11, 2008 | Advocacy, Non-legal submissions
The ICJ submits its comments to the Universal Periodic Review (UPR) of “the Former Yugoslav Republic of Macedonia”.
In this submission the ICJ is drawing the Working Group on the UPR’s and the Human Rights Council’s attention to the frequent allegations of ill-treatment by police either during arrest or in police custody, and the lack of adequate investigations into such allegations. In addition, the Working Group should address the Macedonian Government’s failure to provide for a thorough and independent investigation into the detention at the Macedonian border of Mr Khaled El-Masri, and his subsequent transfer to Afghanistan under the CIA rendition programme.
Macedonia-ICJ Submission to the Universal Periodic Review-non-legal submission-2008 (full text, PDF)
Nov 11, 2008 | Advocacy, Non-legal submissions
In this review, the Working Group on the UPR and the Council should address the violations or risks of violations of Malta’s human rights obligations resulting from its immigration law, policy and practice.
In particular, the ICJ draws attention to measures of administrative detention and expulsion of migrants in light of the right to liberty and security of the person and of the right to non-refoulement where there are substantial grounds for believing that there is a real risk of torture or cruel, inhuman or degrading treatment or other serious violations of human rights.
Malta-ICJ Submission to the Universal Periodic Review of Malta-non-legal submission-2008 (full text, PDF)
Oct 17, 2008
The ICJ provides its views to the Human Rights Committee pursuant to its consideration of the 5th Periodic Report of Spain.
In this submission, the ICJ highlights several issues which it considers should be of particular concern to the Committee in its consideration of the report.
Spain-ICJ submission to the Human Rights Committee-legal submission-2008 (full text, PDF)
Sep 15, 2008 | Advocacy, Non-legal submissions
The ICJ presents its submission to the Universal Periodic Review (UPR) of the Russian Federation.
The Working Group on the UPR and the Council should address as a matter of priority the serious violations of human rights, including extra-judicial killings, disappearances, arbitrary, including secret, detention, and torture and other ill-treatment taking place in the context of Russian counter-terrorism operations, in particular in Chechnya, and the widespread impunity for these acts.
Russia-ICJ submission UPR-non-legal submission-2008 (download full submission in PDF)
Russia-UPR16-AdvocacyNote-NonLegalSubmission-2013 (download advocacy note in PDF)
Russia-UPR16-ComparisonChart-NonLegalSubmission-2013 (download comparison with first cycle UPR of Russia)
Aug 15, 2008
Serbia and Montenegro (Yugoslavia until February 2003) entered the process of democratic transition, the creation of a system based on the rule of law, much later than other former socialist countries.
On 4 February 2003 the new state union of Serbia and Montenegro was proclaimed. Under the Constitutional Charter of the State Union of Serbia and Montenegro, there is only one instance of Serbia and Montenegro having a common judiciary – the Court of Serbia and Montenegro.
Otherwise, each state – the Republic of Serbia and the Republic of Montenegro – has its own internal courts system.
A set of important judicial reforms came into force on 1 March 2002 in the Republic of Serbia and in July 2002 amendments to these laws were made that violate the principle of separation of powers and the independence and impartiality of the judiciary.
In Montenegro, several laws relating to the judiciary were passed or amended during 2003.
On 19 March 2003, the National Assembly of the Republic of Serbia dismissed 35 judges from office, including seven Supreme Court judges, amid accusations that the judiciary had failed to take tougher measures in dealing with remnants of the former regime as well as in prosecuting organized crime. The legal system in Serbia and Montenegro is still characterized by a number of contradictory and inconsistent regulations, resulting in legal insecurity.
Serbia & Montenegro-Attacks on Justice-Publication-2008 (full text, PDF)