May 15, 2020 | Agendas, Events, News
Kazakhstan National University (KazNU) Human Rights Institute in cooperation with the ICJ, the European Association of Lawyers and other partners will hold an online international conference “Law and human rights during the pandemic”.
The event will assemble leading legal experts and practitioners from Central Asia and other countries who will discuss the most pertinent issues for ensuring human rights and access to justice in times of pandemic.
The topics will include sections on human rights during quarantine and emergency situations, and administration of justice during the pandemic.
The event is open for participation upon online registration.
The working language of the event is Russian. The conference will start at 11.00 Nur-Sultan time (GMT +5).
Links
Website of the conference
Agenda in Russian
Agenda in English
May 15, 2020 | Новости, Событие
Институт по правам человека при Казахстанском национальном университете (КазНУ) совместно с Международной комиссией юристов, Европейской ассоциацией адвокатов и другими партнерами проведут онлайн-конференцию «Закон и права человека в условиях пандемии».
В мероприятии примут участие ведущие правовые эксперты и практикующие юристы из Центральной Азии и других стран, которые обсудят наиболее актуальные вопросы, связанные с обеспечением прав человека и доступа к правосудию в условиях пандемии.
Будут рассматриваться такие темы, как права человека во время карантина и чрезвычайного положения, а также отправление правосудия в условиях пандемии.
Чтобы принять участие в мероприятии, нужно пройти онлайн-регистрацию. [HYPERLINK] https://lawyerswebinar.bitrix24.site/?fbclid=IwAR11jXC1yWY54y-JEpAf6F2pQVVbu0ykJG68ygkYRoJIJ20XWP9jcTj-fP4#block371
Рабочим языком конференции является русский. Конференция начнется в 11:00 по Нур-Султану (GMT +5).
Вебсайт конференции: https://lawyerswebinar.bitrix24.site/?fbclid=IwAR11jXC1yWY54y-JEpAf6F2pQVVbu0ykJG68ygkYRoJIJ20XWP9jcTj-fP4#
Программа на русском языке
May 15, 2020
The ICJ and GCR have presented today to the United Nations Special Rapporteur on the human rights of migrants a submission on the human rights of migrants report on ending immigration detention of children and seeking adequate reception and care for them.
The submission is an input for the forthcoming report of the UN Special Rapporteur on ending immigration detention of children and seeking adequate reception and care for them, which is expected to be submitted to the 75th session of the General Assembly.
The International Commission of Jurists (ICJ) and Greek Council for Refugees (GCR) have provided a brief overview of aspects of immigration detention of migrant children in Greece.
Building on the collective complaint ICJ and ECRE v Greece (173/2018) to the European Committee on Social Rights, ICJ and GCR highlight that the Committee has in May 2019 ruled on immediate measures against Greece, to protect the rights of migrant children given the serious concerns about the gravity and urgency of their situation. Greece has failed to implement the decision of the Committee and migrant children remain in detention in Greece. The Committee’s prescription regarding provision of food, water, education, appropriate shelter and health care have neither been fully implemented. Additional challenges now arise from the Covid-19 crisis.
The joint submission focuses mainly on the challenges in the development and implementation of non-custodial alternatives to immigration detention of children and their families in Greece as well as the current Covid-19 pandemic and measures taken in that context by Greece that impact detention of migrant children.
The submission is to be found here.
A longer note can be found here.
May 12, 2020 | Advocacy, Non-legal submissions
The ICJ has written to the Commissioner for Human Rights and the Rapporteurs on Turkey of the Parliamentary Assembly to alert them to the continued detention of Selahattin Demirtaş and Osman Kavala despite rulings by the European Court of Human Rights.
The International Commission of Jurists recalled that in both the Demirtaş and Kavala cases the European Court of Human Rights, in finding a violation of article 18 ECHR, determined that the detention of the applicants had been ordered in pursuance of an ulterior purpose than those allowed by article 5.1 ECHR.
That purpose was silencing of human rights and other activists, stifling pluralism and limiting freedom of political debate and utilizing pre-trial detention as a method of arbitrary punishment.
The Turkish government is however not releasing the applicants on the ground that the Chamber judgments have not yet become final.
Meanwhile, the authorities have initiated new investigations against both Demirtas and Kavala, and issued new detention orders on similar though not identical charges as those reviewed in the Court’s judgments, with the apparent intent not to implement the ECtHR judgments.
The ICJ considers that these developments may be seen as integral to the ulterior purpose identified by the Court in its Kavala and Demirtaş decisions. Under these conditions, both Kavala and Demirtaş may expect their arbitrary detention to be continued for an unlimited period of time through arrest orders based on fabricated investigations.
The ICJ further reiterated the importance of enabling access to alternatives to detention for all pre-trial detainees who may be at risk because of COVID-19 if they do not pose a current threat to public safety, regardless of the nature of the offences with which they have been charged. It stressed that, since Mr. Demirtaş and Kavala, along with many politicians and human rights defenders accused of security related offences in Turkey, do not pose a threat to public safety, they should be released as soon as possible.
ICJ-Letter-DemirtasKavala-PACERapporteurs-2020-eng (download the letter to the PACE Rapporteurs)
ICJ-Letter-KavalaDemirtas-CommissionerHR-2020-eng (download the letter to the Commissioner for Human Rights)
May 11, 2020
The ICJ called today on the Ukrainian authorities to take urgent measures to ensure that lawyers in Ukraine are able to work in an atmosphere free of threat, harassment or any other improper interference.
An ICJ mission report published today, Between the Rock and the Anvil: Lawyers under Attack in Ukraine, documents an alarming level of violence against Ukrainian lawyers relating to their work, and makes recommendations to the Ukrainian authorities to better uphold the security and independence of lawyers, and ensure that they are able to protect human rights.
“While the ICJ notes repeated attempts to the reform the justice system, it is highly alarming that lawyers continue to be subjected to attacks, including murder and physical abuse,” said Temur Shakirov, ICJ Senior Legal Adviser for the Europe and Central Asia Programme.
“Lawyers must be able to work in an atmosphere free of fear of reprisal for their work in defence of their clients, as required by international human rights law and international standards on the role of lawyers,” he added.
The ICJ report finds that the security of lawyers and their ability to protect the rights of their clients are under constant threat in Ukraine.
In particular, lawyers who work on politically sensitive cases or in the conflict zone face risks of attacks and harassment.
Lawyers who are subject to such attacks do not have access to effective legal remedies against the interference with their work. Even in case of killings of lawyers, the perpetrators have not been brought to justice.
The report also analyses the institutional organization and self-governance of the legal profession, the disciplinary procedure, the persecution of lawyers through legal mechanisms and the problems lawyers face in protecting human rights.
The report notes some positive developments in Ukraine, including the independence of the Ukrainian National Bar Association, as an important achievement.
“Despite recent reforms Ukraine has not yet become free from the pattern of having ‘good laws and poor practice’, which often renders the justice system dysfunctional, and undermines reforms,” Shakirov said.
“As it is possible that Ukraine may experience another whirlwind of reforms, the risk of the legislative initiatives which may aim or result in undermining the security and independence of the legal profession remains,” he added.
The report makes comprehensive recommendations for addressing the problems of attacks and harassment of lawyers and taking measures as a matter of urgency. Among the measures, the ICJ recommends measures to ensure that:
- The independence and role of lawyers is respected by all State institutions: the executive, legislative and the judiciary, by all other public authorities including law enforcement authorities, and by all participants in legal proceedings;
- Sufficient staff with adequate professional training and capacity to be able to ensure safety and security in courts is provided;
- Relevant law enforcement agencies investigate promptly and effectively all killings and attacks on lawyers with the aim of identifying those responsible and bringing them to justice in proceedings which fully respect international fair trial standards.
Background:
The report is based on research and analysis of Ukrainian law in light of international law and standards as well as the findings and conclusions of an ICJ mission (2019) to Ukraine to assess the situation of security and independence of lawyers. During the mission, the ICJ met with a range of relevant actors-individual lawyers and legal experts, non-governmental and State representatives, human rights defenders and journalists who cover legal issues.
Download:
Ukraine-Between the rock and the anvil-Publications-Reports-Mission report-2020-ENG (Report in English, PDF)
Ukraine-Lawyers under attack report-News-press releases-2020-UKR (News story in Ukrainian, PDF)
Ukraine-Between the rock and the anvil-Publications-Reports-Mission report-2020-UKR (Report in Ukrainian, PDF)
Ukraine-Between the rock and the anvil-Publications-Reports-Mission report-2020-RUS (Report in Russian, PDF)
