Mar 28, 2021 | News
The credibility of the criminal trials currently ongoing before Tunisia’s Specialised Criminal Chambers depends on their capacity to deliver justice and reparation to victims and their families in a manner consistent with international law, said more than 25 Tunisian lawyers and human rights defenders at a workshop organized with the ICJ and international experts.
The workshop, which was held in Tunis on 25 and 26 March, aimed at enhancing the capacity of participants to use international law in the preparation and litigation of cases before the Specialized Criminal Chambers (SCC) effectively.
The participants discussed the application of international law and standards relating to the notions of victims and persons entitled to reparation before the SCC. Participants also considered the various forms of reparation, including restitution, compensation, rehabilitation and satisfaction, and guarantees of non–repetition.
The workshop was attended by international and Tunisian experts, along with ICJ representatives.
The Director of ICJ’s Middle East and North Africa Programme, Said Benarbia, emphasized the importance of guaranteeing the right of victims to effective remedies and reparations, especially in transitional justice contexts.
Mondher Cherni, the Secretary–General of the Tunisian Organization Against Torture (OCTT), underlined that reparations must be comprehensive. “Tunisian courts should ensure the adoption of a comprehensive notion of harm, while addressing the violations suffered by victims in Tunisia,” he said.
Rachel Towers, Legal Advisor at Dignity (The Danish Institute Against Torture)highlighted that there is no justice without remedies and reparations; accordingly, Tunisia should ensure that victims of gross human rights violations may enjoy these rights effectively.
Clive Baldwin, Senior Legal Advisor at Human Rights Watch, said that “Tunisia is not only bound to punish and sanction gross human rights violations, but also to prevent them from occurring in the future.” Baldwin also emphasized the importance of providing a comprehensive set of guarantees of non–repetition, including legislative and institutional reforms aiming to ensure effective civilian control of military and security forces and the independence of the judiciary.
Participants also addressed the lack of compliance in law and practice of the Tunisian transitional justice framework with international law and standards.
“The functioning and delivery of transitional justice in Tunisia has been enduring numerous and complex challenges over the last years,”said Benarbia.“The Tunisian authorities should immediately respond to these challenges with a holistic action plan, based on concrete reforms and solutions” Benarbia added.
Contact
Valentina Cadelo, Legal Adviser, ICJ Middle East and North Africa Programme, e: valentina.cadelo(a)icj.org
Asser Khattab, Research and Communications’ Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org
Mar 26, 2021 | News
In a joint communication to five United Nations Special Procedures, the ICJ and its partners urged the mandate holders to call on the Tunisian authorities to immediately stop hampering the transitional justice process.
The organizations expressed their concern at the ongoing attempts to undermine the transitional justice process and accountability efforts for past gross human rights violations.
“The Tunisian transitional justice process has been under serious attack since its inception in 2013. Today, the ICJ and its partners are urging the United Nations Special Procedures to take urgent action to deter such attacks, demand justice for the victims and secure accountability for the perpetrators,” said the Director of ICJ’s Middle East and North Africa Programme, Said Benarbia.
The joint communication highlights the following areas of concern:
- The recent political initiatives to dismantle the transitional justice process;
- The incessant attacks against the Truth and Dignity Commission (Instance Verité et Dignité, IVD) and its 2018 final report’s findings;
- The lack of support to the Specialized Criminal Chambers (SCC) and the numerous obstacles that risk to severely impair access to justice and effective remedies for victims of gross human rights violations.
The communication is addressed to the following United Nations Special Procedures:
- The Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence;
- The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment;
- The Special Rapporteur on the independence of judges and lawyers;
- The Working Group on Arbitrary Detention; and
- The Working Group on Enforced or Involuntary Disappearances.
The communication was submitted jointly by the ICJ along with:
- The World Organisation Against Torture (OMCT)
- The Ligue tunisienne des droits de l’homme (LTDH)
- The Forum Tunisien pour les Droits Economiques et Sociaux (FTDES)
- Avocats Sans Frontières (ASF)
- The Association of Tunisian Magistrates (AMT)
- Al Bawsla
- International Alert
- The Association KARAMA
- The Association INSAF pour les anciens militaires
- No Peace Without Justice
- The Organisation Contre la Torture en Tunisie (OCTT)
- The Organisation Dhekra we Wafa, pour le martyr de la liberté Nabil Barakati
- The Coalition Tunisienne pour la Dignité et la Réhabilitation
- The Association Tunisienne pour la Défense des Libertés Individuelles
- The Association des Femmes Tunisiennes pour la Recherche sur le Développement
- The Association Internationale pour le Soutien aux Prisonniers Politiques
- The Réseau tunisien de la justice transitionnelle
Contact
Valentina Cadelo, Legal Adviser, ICJ Middle East and North Africa Programme, e: valentina.cadelo(a)icj.org
Asser Khattab, Research and Communications’ Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org
Download
Tunisia-Special-Procedures-Joint-Submission-2021 (PDF, in French)
Mar 19, 2021 | Advocacy, News
On 13 and 14 March 2021, the ICJ and the Association of Tunisian Magistrates (AMT) organized a roundtable discussion in Tunis to assist Specialized Criminal Chambers (SCC) judges and prosecutors to advance accountability and justice in line with international law and standards.
Participants discussed in-depth the ongoing challenges to the fair and effective prosecution and adjudication of gross human rights violations before the SCC. They also examined joint approaches to address these challenges with a view to enhancing the fairness and effectiveness of the SCC proceedings and achieving accountability in turn.
At the roundtable, Said Benarbia, ICJ’s MENA ProgrammeDirector, underlined that SCC trials should enable victims to obtain redress and reparation, while ensuring the defendants’ right to a fair trial in compliance with Tunisia’s obligations under international law. Anas Hmedi, the President of the AMT, highlighted the key role that the SCC play in relation to the discovery of the truth, accountability and guarantees of non-recurrence of gross human rights violations in Tunisia.
Martine Comte, ICJ France Commissioner,stressed the importance of finding joint approaches and reinforcing coordination among the SCC to address the various challenges that that they are currently facing. Kalthoum Kennou, ICJ Tunisia Commissioner, called for the development ofjoint approaches to ensure victims’ participation at SCC trials and enhance support for the transitional justice process.
In light of the roundtable discussion, participants identified joint solutions and agreed to develop a set of recommendations targeting the High Judicial Council and its role in supporting the SCC and resolving the practical obstacles that might impede their work.
The roundtable is part of the ICJ’s efforts to enhance the SCC’s capacity to adjudicate the cases referred to them by the Truth and Dignity Commission (IVD) in a manner consistent with international law and standards.
Contact
Valentina Cadelo, Legal Adviser, ICJ Middle East and North Africa Programme, e: valentina.cadelo(a)icj.org
Asser Khattab, Research and Communications’ Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org
Mar 16, 2021 | News
On the first day of the trial before the eastern Cairo criminal military court of those accused in connection with the 2016 explosion in the Haram district of Giza, the ICJ calls on the Egyptian authorities to: investigate allegations of torture and other ill-treatment; ensure reparation for those arbitrarily detained; and end the trials of civilians before military courts.
“The case has been under investigation by the State Security Prosecution for more than five years, involving prolonged pre-trial detention and severe restriction on the right to legal counsel, in a flagrant violation of Egyptian and international law,” said Said Benarbia, the ICJ’s MENA Programme Director. “Detaining people pending trial for that length of time makes this case yet another example of how the authorities are using pre-trial detention as a tool of repression and to punish, in violation of Egypt’s obligations under international human rights law”.
In January 2016, hundreds of people were arrested, and some forcibly disappeared in connection with an explosion in the Haram district of Giza that killed seven police officers and four civilians, and injured 15 others.
A number of those detained have reportedly been subjected to ill-treatment and denied fair trial rights guaranteed by Egyptian and international law, including the right to receive family visits. In addition, to the ICJ’s knowledge, while all the accused may have briefly met their lawyers in highly restrictive circumstances at the state prosecution office each time they have been remanded into custody, over the years, they have been denied their right to legal counsel before trial as their lawyers have not been allowed to visit them in prison.
The ICJ calls on the Egyptian authorities to investigate the incidents of enforced disappearance, ill-treatment and other human rights violations with a view to bring those responsible to justice.
“Notwithstanding the gravity of the charges involved, civilians should not be brought before military courts,” said Benarbia. “the jurisdiction of military courts should be limited to trials of military personnel in cases of strictly military offences; it should not extend to crimes over which civilian courts have jurisdiction, human rights violations or crimes under international law,” he added.
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Asser Khattab, Research and Communications’ Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org
Download
Press release in English and Arabic.
Mar 16, 2021 | Advocacy, Non-legal submissions
Today, during a debate on the outcome of the Universal Periodic Review of Libya, the ICJ called on Lybian authorities to bring the country’s criminal legislation in line with international law, in particular by defining clearly crimes under international law.
The statement reads as follows:
“Madame President,
The International Commission of Jurists (ICJ) welcomes Libya’s acceptance of the recommendation to cooperate fully with the Independent Fact-Finding Mission on Libya and ensure that it has unfettered access throughout the country’s territory (148.7-8, 148.11-17).
The ICJ regrets that Libya has only taken note of – as opposed to accepting ‒ Estonia’s recommendation (148.80) to bring the Penal Code in line with international standards, and Libya’s rejection of Zambia’s recommendation (148.70) to define crimes under international law in Libya’s domestic legal system clearly.
Libyan domestic law fails to criminalize: arbitrary deprivation of life; torture and other ill-treatment; enforced disappearance; rape and other forms of sexual and gender-based violence; slavery; war crimes; and crimes against humanity, in line with international law and standards.
The ICJ further welcomes Libya’s acceptance of the recommendations (148.144-146, 148-149, 151-161, 165-166) to investigate effectively crimes under international law and bring perpetrators to justice.
The ICJ expresses concern, however, at the prevailing impunity in the country. Crimes under international law are not being effectively investigated and prosecuted, largely because of the absence of political will, inadequate resources, and the frequent threats against justice actors, particularly by armed groups.
The ICJ also regrets that Libya failed to accept the recommendations of: Ukraine (148.25); Costa Rica (148.31); Cyprus (148.32); France (148.33); the Holy See (148.34); Liechtenstein (148.35); Namibia (148.36); Portugal (148.37); Rwanda, Croatia and Slovakia (148.37); Argentina (148.38); Australia (148.39); Honduras (148.40); Iceland (148.41); Italy (148.42); and Latvia (148.43). These recommendations call on Libya to establish a moratorium on executions, and to accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights with a view to abolishing the death penalty. The death penalty constitutes a violation of the right to life and of the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment.
I thank you.”
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
Vito Todeschini, Legal Adviser, ICJ MENA Programme, e: vito.todeschini(a)icj.org
