International Commission of Jurists
Right to life: ICJ submission to UN Human Rights Committee

Right to life: ICJ submission to UN Human Rights Committee

Jun 12, 2015

On 12 June, the ICJ made a submission to the UN Human Rights Committee in view of the Committee’s elaboration of a new general comment on Article 6 of the International Covenant on Civil and Political Rights guaranteeing the right to life.

ICJ Annual Report 2014 now online

ICJ Annual Report 2014 now online

May 15, 2015

The ICJ has issued its Annual Report 2014, which offers a concise summary of the work carried out by the ICJ over the last year.

In 2014, the world witnessed a new threat to its peace and security with the growing menace of publicity-seeking extremist groups, committing acts of unspeakable barbarity, inflicting wanton cruelty on innocent individuals around the globe.

In addition to the threat to human rights that these groups pose in and of themselves are the threats to human rights that arise from states counter-terrorism efforts that confine the space in which fundamental freedoms are accessible to its citizens.

The ICJ does not believe that counter-terrorism efforts give states carte blanche to disregard their human rights obligations.

Throughout 2014, the ICJ proactively advocated for the accountability of officials responsible for torture, enforced disappearances and other human rights violations that occurred in the course of the CIA’s rendition and secret detention programmes.

In May 2014, Thailand underwent its twelfth military coup since 1932, which has resulted in the implementation of a wide range of measures in clear contravention of Thailand’s international human rights obligations.

The ICJ has worked diligently to remind Thailand of its international responsibilities and to highlight these violations to the international community.

The rule of law cannot exist without an impartial and effective judiciary. In 2014, the ICJ shone a spotlight on the lack of judicial independence in Venezuela through a series of publications, press releases and public events.

The ICJ was also compelled to condemn the judicial persecution of prominent Swazi human rights defender Thulani Maseko, after he was charged and sentenced to two years imprisonment following the publication of an article criticizing judicial conduct.

In 2015, the ICJ intends to develop its work with the institutions of the EU and strengthen its voice in Europe, following the establishment of the ICJ-European Institutions Brussels office.

In Europe and Central Asia, the ICJ will continue its dedicated work on migration and will look to geographically expand its programme of activities further.

In Asia, the ICJ will continue its work with the judiciary in Myanmar and efforts to counter the increasing use of military courts for civilians across the region.

In Africa, the ICJ will be starting a new project in Swaziland and continuing its work to strengthen regional networks of human rights defenders and lawyers.

In Central and South America, the ICJ will continue to strive for justice for victims of enforced disappearances.

In the Middle East, the ICJ continues to expand its field presence and to work for the implementation of strong regional human rights standards.

Download:

Universal-ICJ Annual Report-Publications-Annual Report-2015-ENG (full ICJ Annual report 2014 in PDF, high resolution, best quality)

Universal-ICJ Annual Report low res-Publications-Annual Report-2015-ENG (full ICJ Annual report 2014 in PDF, low resolution, lighter, but lesser quality)

Enforced Disappearance and Extrajudicial Execution: Investigation and Sanction – ICJ Practitioners Guide No 9

Enforced Disappearance and Extrajudicial Execution: Investigation and Sanction – ICJ Practitioners Guide No 9

May 11, 2015

Initially published in Spanish in March 2015, the ninth book of the ICJ series of Practitioners Guides has now been translated into English, Nepali, Thai and Turkish.

It can be downloaded here or below:

Universal-Enforced Disappearance and Extrajudicial Execution PGNo9-Publications-Practitioners’ guide series-2015-ENG (English version in PDF)

Universal-Desaparición forzada y ejecución extrajudicial PG9-Publications-Practitioners’ guide series-2015-SPA (Spanish version in PDF)

Universal-PG9 Enforced Disappearance EJE-Publications-Reports-Practitioners Guide-2015-Nepali (Nepali version in PDF)

Universal-Enforced Disappearance and Extrajudicial Execution PGNo9-Publications-Practitioners’ guide series-2017-THAI (Thai version in PDF)

Turkish version available here

 

 

ICJ welcomes adoption of Basic Principles and Guidelines on habeas corpus

ICJ welcomes adoption of Basic Principles and Guidelines on habeas corpus

Apr 30, 2015 | News

The ICJ welcomes yesterday’s adoption, by the UN Working Group on Arbitrary Detention, of the Working Group’s “Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of His or Her Liberty by Arrest or Detention to Bring Proceedings Before Court”.

Under its resolution 20/16 (2012), the UN Human Rights Council requested the Working Group to prepare draft basic principles and guidelines on habeas corpus. The Working Group set out a first draft set of principles and guidelines ahead of its global consultation on the subject in September 2014. From 2 to 5 February 2015, the Working Group met to continue its elaboration of the Basic Principles and Guidelines, resulting in the adoption of a second draft. The Working Group adopted its final iteration of the document at the conclusion of its session on 29 April 2015. The Basic Principles and Guidelines will be presented to the Human Rights Council during the Council’s 30th regular session, to be held from 14 September to 2 October 2015.

The ICJ welcomes the Basic Principles and Guidelines as a means of assisting States to enhance, in law and in practice, respect for the right to habeas corpus. It especially welcomes certain aspects of the document, including:

  • Paragraph 68, in which applicable qualifications are set out to any derogating measures to accommodate constraints on the application of some procedural elements of the right to habeas corpus;
  • Principle 6 and Guideline 4 which reaffirm that habeas corpus petitions must be heard by courts that bear all characteristics of competence, independence and impartiality (paras 27, 70 and 72(a)), that competence includes the power to order immediate release if detention is fund to be arbitrary or unlawful (para 27), that immediate implementation of such orders is required (para 71(c)) and that courts must give reasoned and particularized decisions (para 71(d));
  • Guideline 7, in which it is provided that individuals are entitled to take proceedings multiple times (paras 81 and 82), that expediency is required, including in cases of subsequent challenges, and especially in cases alleging, among other things, torture or ill-treatment (para 83) and that authorities remain obliged to ensure regular review of the continuing need for detention (para 84);
  • Principle 9 and Guideline 8 concerning legal representation and legal aid;
  • The clarifications in Principle 10 and Guideline that persons able to bring proceedings include counsel, family members or other interested parties, whether or not they have proof of the consent of the detainee (paras 34 and 92) and that no restrictions may be imposed on a detainee’s ability to contact such persons (para 35);
  • The express recognition in Guideline 12 that information obtained by torture or other forms of ill-treatment may not be used in evidence;
  • Guideline 13 concerning disclosure and limitations applicable to any non-disclosure of information on security or other grounds;
  • Guideline 14, reflecting authorities’ obligation to justify the need and proportionality of detention;
  • Principle 15 and Guideline 16 (on remedies), reflecting the overarching right to remedies and reparation (paras 43), the need for authorities to give immediate effect to an order for release (para 44) and the right to compensation, restitution, rehabilitation, satisfaction and guarantees of non-repetition (paras 109-112); and
  • Principle 16 concerning the application of Article 9(4) of the International Covenant on Civil and Political Rights (ICCPR) alongside international humanitarian law (paras 45 and 47), the application of Article 9(4) to civilians in an international armed conflict (para 47), the application of habeas principles to prisoners of war (para 48), and the question of administrative detention or internment in the context of a non-international armed conflict (para 49).

The ICJ has engaged in all stages of the Working Group’s elaboration and consultations. It made written submissions in November 2013, April 2014 and March 2015. Its staff, Matt Pollard and Alex Conte, gave panel presentations at the September 2014 global consultation.

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