ICJ responds to concerns about interference with integrity and independence of the judiciary in Canada

ICJ responds to concerns about interference with integrity and independence of the judiciary in Canada

The ICJ today replied to lawyers and legal academics regarding concerns expressed about statements by the Prime Minister and the Minister of Justice in Canada concerning Chief Justice Beverly McLachlin, in the context of the appointment of Justice Marc Nadon to the Supreme Court.

On 9 May 2014, the ICJ received expressions of concern from lawyers and legal academics in Canada. It wrote to the Prime Minister’s Office at the end of May seeking any information or views from the Government of Canada on this matter. In the absence of a reply from the Office of the Prime Minister, the ICJ set out its understanding of the relevant facts based on information provided to it and made publicly available.

The ICJ’s reply to the group of lawyers and legal academics describes relevant provisions of international human rights instruments on the independence of the judiciary and the rule of law and analyses the facts in relation to those international standards. The ICJ concluded that the criticisms of the Chief Justice by the Prime Minister and the Minister of Justice were not well-founded and amounted to an encroachment on the independence of the judiciary and the integrity of the Chief Justice.

Canada-JudicialIndependenceAndIntegrity-CIJL-OpenLetter-2014 (download ICJ analysis and conclusions in PDF)

Venezuela: the rule of law undermined

Venezuela: the rule of law undermined

The ICJ has delivered an oral statement on the independence of judges, prosecutors and lawyers in Venezuela, at the UN Human Rights Council in Geneva.

Referencing its report, Strengthening the Rule of Law in Venezuela, the ICJ discussed the failure by Venezuelan authorities to respect institutional guarantees for the independence and impartiality of the judiciary and prosecutors, as well as undue interference with individual judges, prosecutors and the legal profession. The ICJ highlighted the lack of security of tenure for most judges and virtually all prosecutors in Venezuela, and how the insecurity is amplified by cases of reprisal such as against Judge María Lourdes Afiuni Mora.

The ICJ urged Venezuelan authorities to take concrete measures to restore the rule of law and ensure the protection of human rights in Venezuela, in meaningful dialogue with civil society, and for other states to encourage Venezuela to do so.

The oral statement can be downloaded in full in PDF format here: ICJ-HRC26-Item4-Venezuela-OralStatement2-Advocacy-non-legal submission-2014

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