International Commission of Jurists
Geneva Forum: speech delivered by Justice Michèle Rivet

Geneva Forum: speech delivered by Justice Michèle Rivet

Oct 25, 2010 | Advocacy, Non-legal submissions

“Since the attacks of September 2001, decisions being taken at both national and international levels have been touching all regions of the world,” Michèle Rivet said as a preamble. 

Many States or governments have adopted measures: pre-emptive detention without charge, long periods of pre-trial detention, restriction to the access to legal counsel, expulsion of foreigners without due consideration to the non refoulement principle, and finally, establishment of special courts that do not meet the minimum requirement of independence and impartiality.

Some governments have carried out activities shrouded in secrecy, and introduced measures that deny individuals the right to test or to challenge the legality of the actions taken against them or the lawfulness of their detention.

Many detainees have been summarily taken or expelled without due process in violation of usual extradition procedures to a country where they can be tortured with impunity. We have seen basic fair trial guarantees ignored, rights of defence cut down, and rights of appeal removed.

Genevaforum-fairtrial-advocacy-2010 (full text, PDF)

ICJ comments on a simplified procedure for amendment of certain provisions of the European Convention on Human Rights

ICJ comments on a simplified procedure for amendment of certain provisions of the European Convention on Human Rights

Oct 20, 2010

Amnesty International and the ICJ support in principle the proposal to create simplified amendment procedure including certain organizational provisions of Part II of the European Convention on Human Rights.

In the view of the two organisations, the overriding purpose of any such reforms must be to facilitate flexibility of amendments to the organisational and operational procedures of the Court so as to allow the Court to respond effectively and quickly to address changes in its case load. Any changes to the founding and regulating instruments of the Court – no matter what their form – should serve this purpose and this purpose alone, given the importance which was attached to it in the Interlaken Declaration.

Experts simplified procedure-analysis brief-2010 (full text in English, PDF)

Draft Guidelines of the Committee of Ministers of the Council of Europe on eradicating impunity for serious human rights violations

Draft Guidelines of the Committee of Ministers of the Council of Europe on eradicating impunity for serious human rights violations

Oct 20, 2010

The ICJ and other human rights groups welcome the opportunity to comment on the Draft Guidelines on Eradicating Impunity for Serious Human Rights Violations.

Notwithstanding the considerable progress made to date in the drafting of the Guidelines, the organizations hope that they can be further strengthened in the course of this meeting, to add the greatest possible value to the fight against impunity.

The organizations have also made suggestions for additional references in the Guidelines’ reference texts, in a separate paper.

Guidelines Council Europe impunity-analysis brief-2010 (full text in English, PDF)

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