Dec 10, 2014 | News
The ICJ repeated its call for the United States to take immediate measures to hold accountable officials for acts of torture, enforced disappearance and other gross human rights violations committed in the course the CIA’s rendition and secret detention programs between 2001 and 2006.
The call follows the release yesterday of a redacted summary of the United States Senate Intelligence Committee’s report on the programs, which highlights appalling abuses committed against at least 119 persons.
The ICJ has also called for the United States to provide access to effective remedies and reparation for the victims of the violations, some of whose identities or whereabouts remain unknown.
The report exposed numerous acts of torture and cruel, inhuman or degrading treatment, including, among others: forced rectal feeding; extreme sleep deprivation for up to a week; sensory disorientation; near drowning through “waterboarding”; confinement in boxes; dousing with cold water; prolonged subjection to painful stress positions; and threats of extreme violence against family members. Some detainees were held in secret detention for years, without any contact with the outside world.
“With the partial release of the Intelligence Committee’s report, the US has finally begun to take the first steps towards acknowledging the truth of the lawless and criminal conduct in which it engaged systematically over the course of years”, said Ian Seiderman, the ICJ’s Legal and Policy Director. “It is now time for the United States to fulfill its international legal obligations and hold the responsible officials criminally accountable and ensure full reparation for the victims.”
To date, no officials have been subject to prosecution for participation in the abuses and all attempts by victims to access justice through judicial and administrative channels have been thwarted by claims of state secrecy.
The report draws attention to the complicity of a number of other States in the rendition and secret detention programs, possibly up to 54 countries according to a study by the Open Society Foundation.
The European Court of Human Rights has already found the former Yugoslav Republic of Macedonia and Poland responsible for violations in this connection, with further cases pending against Lithuania and Romania.
The ICJ also called for the United States to release the entire Senate Committee report, said to number 6700 pages, with only those very minimal redactions of personal data strictly necessary to protect serious threats, such as to children and the privacy interests of victims and their families if they so request.
“Responsibility for these criminal abuses extends not only to the CIA agents who directly carried them out, but also to officials at the highest levels of the executive, who approved and facilitated the practices, and Justice Department lawyers who provided spurious legal cover for them,” said Ian Seiderman.
Torture and enforced disappearance are crimes under international law.
United States treaty obligations, including under the UN Convention against Torture and the International Covenant on Civil and Political Rights require the prosecution of officials responsible for such acts and provision of effective remedies and reparation the victims.
Dec 1, 2014 | News
The ICJ expresses deep concern that the Legislative Assembly of Bolivia continues to threaten three Constitutional Court judges with removal, and possibly criminal punishment, based solely on legislators’ disagreement with a legal opinion and ruling issued by the judges.
A “trial” of the three judges conducted by the Senate is scheduled to begin on 4 December 2014.
The ICJ has previously condemned the proceedings as fundamentally flawed and in violation of international standards for the independence of judges.
The legislature and government now appear to accept some of the ICJ’s criticisms.
Last-minute legislative amendments would apparently specify that the legislative assembly process is disciplinary in character and that the only sanction the assembly can directly impose is permanently to remove judges from office; if a disciplinary violation is found, the case would be referred onward for criminal prosecution before the ordinary courts. (Legislators were previously reported to be seeking for the Senate itself to impose a sentence of 10 years’ imprisonment.)
The ICJ reaffirms, however, that the case against these three judges remains inherently flawed because the allegations on which the proceedings are based cannot be a valid basis for any removal from office or criminal punishment.
“It is fundamental to the independence of the judiciary, and the rule of law, that judges must be able to decide cases without fear of punishment for their legal opinions and rulings, including those that the government or legislature may not like,” said Matt Pollard, Head of the Centre for Independence of Judges and Lawyers at the ICJ.
“The procedural amendments under consideration could be an improvement for other kinds of cases in the future,” said Pollard. “However, the stated reason for pursuing these three judges – disagreement with the content of their legal opinion and ruling – cannot form a valid basis for their removal from office or criminal punishment under any procedure.”
“The case against these three judges cannot be cured by legislative ‘quick fixes’ and must simply be dropped immediately,” Pollard added.
The ICJ is also concerned that the legislature has said it will press ahead immediately with the “trial” on 4 December, a few days from now, while fundamental changes to the procedure are still underway.
Further, the media has reported that Chamber of Deputies President Marcelo Elío has stated that the judges could avoid trial by “voluntarily” resigning before 4 December.
It would be unacceptable to use the threat of unjust or unclear procedures to pressure a judge to resign.
The ICJ welcomes the decision by the legislature to review and potentially reform judicial accountability procedures in Bolivia.
At the same time, reform of procedures that are of such fundamental importance to the rule of law and democracy should be based on a process of broader consultation with all concerned stakeholders, and more considered, comprehensive and detailed assessment and analysis in relation to international standards.
For instance, under the new amendments, it would appear that the Senate (photo) has no option in any case to impose a disciplinary penalty less than permanent removal from office, even if this would be disproportionate.
Placing all responsibility for disciplinary proceedings with an independent Judicial Council should also be considered.
In October, the ICJ sent an open letter and analysis brief to members of the Legislative Assembly, explaining why the proceedings violate international law and standards, urging that proceedings against the three judges immediately be ended, and recommending a process of longer-term reform of judicial accountability processes in Bolivia.
Contact:
English: Matt Pollard, Head of the Centre for Independence of Judges and Lawyers at the ICJ, t: +41 79 246 54 75; e: matt.pollard(a)icj.org
Spanish: Carlos Ayala, ICJ Commissioner, t: +58 212 952 8448; e: carlos.ayala(a)icj.org
Bolivia-Procedimento magistrados-News-Press Release-2014-SPA (full text in PDF)
(Update: the proceedings were suspended on 4 December, and are to continue on 9 December)
Nov 27, 2014
Today, the ICJ Centre for the Independence of Judges and Lawyers published two new documents on the independence and integrity of judges and lawyers in Venezuela.
First, the ICJ today publishes a full English translation of the detailed report Strengthening the Rule of Law in Venezuela. The report was originally published in June 2014, in Spanish only (with the executive summary and conclusions separately available in English).
The report analyses weaknesses and failures, including political interference, in the Venezuelan legal system that threaten the rule of law, democracy and human rights. It recommends certain measures to secure the independence and impartiality of judges and prosecutors, and the ability of lawyers to be effective and independent in the exercise of their profession.
Second, the ICJ has added a country profile for Venezuela to its growing series of profiles of the situation of judges, lawyers and prosecutors in countries from around the world. The profile summarizes laws and practices in Venezuela against relevant international and regional standards. The country profiles are designed to give quick access to key information in a format that provides links to source material, and also facilitates comparison between countries. It is available as an interactive webpage (with clickable links to the sources of information), and for download in PDF format.
Nov 15, 2014 | Artículos, Noticias
La Comisión Internacional de Juristas, a través de su representante para Suramérica, Federico Andreu-Guzmán, intervino como perito en el procedimiento interamericano, a solicitud de los representantes de las víctimas.
El 14 de noviembre, la Corte Interamericana de Derechos Humanos condenó al Estado colombiano por la desaparición forzada de 11 personas, la desaparición forzada y ejecución extrajudicial de un magistrado auxiliar de la Corte Suprema de Justicia, la detención arbitraria y tortura de 4 personas, entre otras graves violaciones de los derechos humanos cometidas por miembros de las Fuerzas Militares y de la Policía durante la operación de “retoma” del Palacio de Justicia, el 6 y 7 de noviembre de 1985, a raíz de la incursión de un comando de la guerrilla M-19 en las instalaciones judiciales.
El peritaje de la CIJ versó sobre el marco legal, estructura y funcionamiento de las fuerzas de seguridad para la época de los hechos y la intervención de la justicia penal militar en la investigación y juzgamiento de delitos que no son de función y/o que podrían constituir violaciones a los derechos humanos.
En su Sentencia, la Corte ordenó al Estado colombiano llevar a cabo “las investigaciones amplias, sistemáticas y minuciosas que sean necesarias para establecer la verdad de los hechos, así como de determinar, juzgar y, en su caso, sancionar a todos los responsables” de las desapariciones forzadas, ejecución extrajudicial y torturas; realizar “todos los esfuerzos para determinar el paradero de las once víctimas aún desaparecidas a la mayor brevedad”; “realizar un acto público de reconocimiento de responsabilidad internacional por los hechos”; y brindar reparación integral.
Aunque han pasado 29 años desde la ocurrencia de los hechos, la Sentencia constituye una importante y valiosa contribución a la lucha contra la impunidad y a la reivindicación de los derechos a la justicia, verdad y reparación de los familiares de las víctimas, quienes por décadas buscaron infructuosamente justicia en Colombia.
La CIJ exhorta a las autoridades colombianas a acatar la Sentencia de la Corte y a cumplir sin dilación alguna con lo ordenado en ella.
Nota:
Sentencia de 14 de noviembre de 2014, Caso Rodríguez Vera y otros (Desaparecidos del Palacio de Justicia) Vs. Colombia, Serie C No. 287, disponible en: http://www.corteidh.or.cr/docs/casos/articulos/seriec_287_esp.pdf
Nov 15, 2014 | News
La Comisión Internacional de Juristas, a través de su representante para Suramérica, Federico Andreu-Guzmán, intervino como perito en el procedimiento interamericano, a solicitud de los representantes de las víctimas.
