Mar 12, 2013 | News
The ICJ today condemned the blatant disregard by the UAE of the right to a fair and public trial, after its international observers were prohibited from attending the first two hearings of criminal proceedings against 94 individuals.
The detainees include judges, lawyers and human rights defenders. The hearings took place before the State Security Chamber of the United Arab Emirates (UAE) Federal Supreme Court.
The ICJ observers were turned away on 4 and 11 March 2013 by police officers before they reached the court.
“The ICJ deplores the decision of the UAE authorities to conduct the trial of the 94 detainees behind closed doors and to deny access to all international observers for both the opening and second hearing of this trial”, said Ketil Lund, ICJ Commissioner, former Supreme Court Judge of Norway and one of the two ICJ observers who was denied access to the court.
“This denial, combined with consistent and credible reports that detainees have been subjected to torture and other ill-treatment, including prolonged solitary confinement, and denied full access to defence counsel, both during questioning and in preparation for the trial, are inconsistent with fair trial standards and cast serious doubts about the fairness and the outcome of the process.”
Under international law and standards and UAE law, all criminal trials must be open to the public, subject to narrow exceptions not apparently applicable in this trial.
The denial of access to international observers itself constitutes a serious violation of the right to a fair trial.
The ICJ calls on the UAE authorities to fully investigate reports of torture and ill-treatment of the detainees and ensure that information obtained through such practices are not used as evidence in the criminal proceedings.
The UAE authorities must also ensure that as long as the accused remain in detention, their right to have full and unrestricted access to lawyers, including the right to consult in private, medical personnel and family members are fully guaranteed.
The ICJ notes that the accused are charged with “establishing, founding and administering an organization, Da’wat Al Islah, with the aim of challenging the basic principles upon which the government of the State is based, taking control of the government and establishing a secret structure for the organization” (Decision of referral No.79 of 2012 (State Security) of 27 January 2013).
“These ill-defined charges, which fail to meet international law requirements of legal certainty, criminalise the enjoyment and exercise of the rights of all UAE citizens to freedom of expression and association, and to fully take part in the conduct of public affairs. The UAE authorities must therefore drop these charges and put an immediate end to this unfair judicial process,” Lund added.
Contact:
Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, tel: 41 22 979 38 17, e-mail: said.benarbia(at)icj.org
UAE-right to a fair trial-press release-2013-Arabic (full text, pdf)
Mar 11, 2013
The ICJ again called on the Human Rights Council to request the Security Council to immediately refer the situation in Syria to the International Criminal Court and urgently take effective humanitarian measures.
Taking into account the continued and rapidly deteriorating situation in Syria, the ICJ noted the systematic and widespread attacks against the civilian population by Government forces, as well as serious human rights abuses and IHL violations by anti-Government forces.
The statement was delivered today during an interactive dialogue with the Council-mandated Commission of Inquiry on the situation of human rights in the Syrian Arab Republic as part of the Human Rights Council’s 22nd regular session (25 February to 22 March 2013).
Syria-HRC22-Item4-SyriaCOI-LegalSubmission-2013 (download full statement in PDF)
Mar 4, 2013 | News
The ICJ expressed its concern over the criminal trial of 94 individuals, including judges, lawyers, academics, human rights defenders and civil society activists, in the State Security Chamber of the UAE Federal Supreme Court.
Following a wave of arbitrary arrests and detention, which began in March 2012, the case was referred to the Supreme Court on 27 January 2013.
“The ICJ is gravely concerned over the fairness of the upcoming proceedings, including the lack of any right of appeal, the lack of restrictions on the use of evidence obtained through torture or ill-treatment and severe restrictions imposed on the rights of the defence, in contravention of international human rights law, including the Arab Charter on Human Rights, to which the UAE is a party,” said Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme. “Furthermore, allegations of torture and ill-treatment by detainees, including incommunicado detention, prolonged solitary confinement, sleep deprivation and verbal and physical abuse, must be promptly, impartially and thoroughly investigated.”
The ICJ further notes that there have been violations of international fair standards.
These include the failure of State authorities to formally charge defendants, severe restrictions on access to legal counsel, including during questioning and the failure to disclose case files to the defence until a few days before trial.
Until two weeks before the trial, there was a single lawyer acting for all detainees and other lawyers who tried to assist have faced harassment, including detention and deportation, the ICJ says.
The trial is part of a broader crackdown by the UAE authorities in response to a petition signed by 100 academics, legal professionals, and civil society activists, in March 2011, for political reforms and increased public participation in government.
“The ICJ condemns the use of criminal proceedings to suppress peaceful calls for increased democracy as an unlawful restriction on the right to freedom of expression,” Benarbia added. “Extending the clampdown on critics to include numerous members of the legal profession severely compromises the Rule of Law in the UAE.”
Contact:
Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, tel: 41 22 979 38 17, e-mail: said.benarbia(at)icj.org
Feb 1, 2013 | Communiqués de presse, Nouvelles, Publications, Rapports
Dans un nouveau rapport, la CIJ appelle les autorités, en particulier l’Assemblée nationale constituante, à élaborer et adopter une constitution qui tienne compte de l’emsemble des points de vue du peuple tunisien et adhère aux droits et normes internationales.
Publié aujourd’hui, le rapport intitulé Renforcer l’Etat de droit et garantir les droits de l’Homme dans la Constitution – Un rapport sur le processus de réforme constitutionnelle en Tunisie.
Il analyse le processus de réforme constitutionnelle en Tunisie et propose des recommandations pour des réformes juridiques et institutionnelles visant à assurer une Constitution qui reflète le droit et les normes internationales.
Contact
Said Benarbia, Conseiller juridique à la CIJ pour le programme sur le Moyen Orient et l’Afrique du nord, m: 216 21 765 152, e-mail: said.benarbia(a)icj.org
Tunisie-Rapport Constitution-publications-2013-FRA (Rapport complet en PDF)
Credit photo: © Copyright Remi OCHLIK/IP3
Feb 1, 2013
In a new report, the ICJ calls on the authorities, especially the National Constituent Assembly, to elaborate and adopt a constitution that takes account of the full range of views of the Tunisian people and adheres to international law and standards.
Released today, the report, Enhancing the Rule of Law and guaranteeing human rights in the Constitution, comes as the ICJ concludes a high-level mission to Tunisia. It analyzes the constitutional reform process in Tunisia and sets out recommendations for legal and institutional reforms aimed to ensure a Constitution that reflects international law and standards.
Through its report, the ICJ calls for the Constitution to be amended to: fully guarantee the separation of powers; ensure the accountability of the security services and armed forces and their subordination to a civilian authority; bring the judicial system in line with international standards of independence, impartiality and accountability; end the use of military courts to try civilians and cases involving human rights violations; incorporate a comprehensive Bill of Rights; recognize the right to life as an absolute right, and abolish the death penalty; and provide effective mechanisms for the protection of human rights and ensuring the right to a remedy.
“The constitution-making process has been clear, certain and transparent, representing a clean break from the practices and policies of President Ben Ali’s regime,” said Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme. “However, while the draft Constitution broadens the separation of powers and human rights provisions of the 1959 Constitution, it should be comprehensively amended to reflect international law and standards and to meet the democratic aspirations of the Tunisian people expressed during the uprising.”
The ICJ mission (27 January – 2 February 2013), led by ICJ Commissioners Justice José Antonio Martín Pallín and Dr. Gustavo Gallón, met with the President of the NCA, Mustafa Ben Jaafar, the Minister of Human Rights and Transitional Justice, Samir Dilou, the Minister in charge of relations with the NCA, Abderrazak Kilani, the respective Presidents of the NCA Committee on Rights and Freedoms, Farida Labidi, and the Committee on Ordinary, Administrative, Financial and Constitutional Justice, Fadhel Moussa, as well as high-ranking officials from the Ministry of Justice. The delegation also met with the President of the Bar Association, Monsieur Chawki Tabib, members of the judiciary and the legal community and civil society.
Contact:
Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, m: 216 21 765 152, e-mail: said.benarbia(at)icj.org
Tunisia-Constitution report-publications-2013 (full report, in pdf)
Tunisie-Rapport Constitution-press release-2013-FRA (full text, in pdf)
Tunisie-Rapport Constitution-publications-2013-FRA (full report, in pdf)
Photo credit: © Copyright Remi OCHLIK/IP3
