Jul 7, 2016 | News
Following reports that Saif al Islam Gadhafi has been released from prison in Libya, the ICJ today called for him to be promptly arrested and surrendered to the International Criminal Court (ICC).
Saif al Islam Gadhafi was convicted by the Tripoli Criminal Court in July 2015 and sentenced, along with eight other former officials of the Moammar Gadhafi regime, to the death penalty.
At the time, the ICJ expressed its concern that the trial had not been fair, expressed its opposition to the death penalty, and called on the Libyan authorities to surrender Saif al Islam Gadhafi to the ICC.
In 2011, the ICC issued an arrest warrant for Gadhafi, who faces two counts of Crimes against Humanity including murder and persecution of civilians, allegedly conducted as part of an orchestrated campaign against demonstrators during the uprising in Libya in 2011.
Gadhafi was reportedly released from a prison in Zintan in April 2016, following instructions from the Minister of Justice to the city’s chief prosecutor. The instructions were reportedly based on a general amnesty law that was promulgated by the Libyan House of Representatives in August 2015.[1]
“Granting amnesty for crimes such as those for which Saif al Islam Gadhafi was allegedly responsible is totally incompatible with the rule of law, the right of victims to justice, and Libya’s international human rights obligations”, said Said Benarbia, Director of the MENA programme at the International Commission of Jurists.
“Instead of shielding him from accountability, the Libyan authorities should ensure that all those responsible for past and ongoing gross violations of international human rights law and serious violations of international humanitarian law are brought to justice in fair and effective criminal trials. A first step in this direction would be for the Libyan authorities to arrest Saif al Islam Gadhafi and surrender him to the ICC as a matter of urgency.”
The ICJ believes that impunity for gross human rights violations and war crimes, including impunity resulting from amnesties, is not conducive to peace, political stability and national reconciliation in Libya.
Indeed, such impunity may be perceived by those who continue to systematically violate rights and freedoms as a signal that they may never be criminally held to account.
At the same time, the ICJ absolutely opposes the death penalty, which it considers inherently to violate the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.
Gadhafi would not face the death penalty in any ICC trial.
Saif al Islam Gadhafi’s lawyer has reportedly indicated that he will argue to the ICC that it should drop its proceedings, on the basis of article 20 of the Statute of the ICC, which addresses the circumstances in which a person who has already been tried for certain conduct by another court, may subsequently be tried by the ICC.
The ICJ stresses that any hearing to consider such arguments should not in any way suspend Libya’s obligation immediately to implement the ICC arrest warrant and to surrender Saif al Islam Gadhafi to the ICC.
“Libya should comply with its obligations under international law and dismantle the structural impunity that continues to prevail in the country, including by putting an end to politicized judicial proceedings and ensuring that prosecutors carry out their functions independently, impartially, and in defence of human rights,” added Benarbia.
[1] Law No. 6 of 2015
Contact
Doireann Ansbro, Associate Legal Adviser, ICJ Middle East and North Africa Programme, t: +216 71 841 701, e: doireann.ansbro(a)icj.org
Libya-Saif al Islam Gadhafi-News-Press Releases-2016-ARA (full press release in Arabic, PDF)
Jun 23, 2016
The ICJ has joined other international NGOs in a joint statement of concern about the severe and worsening repression of civil society in Egypt.
Together with, Amnesty International, CIVICUS, EuroMed Rights, FIDH, Front Line Defenders, Human Rights Watch, IFEX, the International Service for Human Rights, People in Need and the World Organisation Against Torture (OMCT), the ICJ highlights a number of anti-civil society measures and cases in Egypt, ultimately calling on Egyptian authorities to immediately take the following steps to address the severe violations against human rights defenders:
- Abide by their own pledges made in March 2015 at the conclusion of Egypt’s Universal Periodic Review before the United Nations Human Rights Council to “respect the free exercise of the associations defending human rights,” and comply with their obligations under Article 75 of the 2014 Constitution, which protects civil society organizations from interference by the government.
- Close the politically-motivated Case 173 of 2011, known as the “foreign funding case,” and withdraw all measures of harassment and intimidation of human rights defenders taken with reference to that case, including travel bans, the asset freeze order and trumped-up tax investigations.
- Amend penal code Article 78, which in very broad terms penalises the receipt of foreign funding without government approval and imposes a penalty of up to life imprisonment, which in practice in Egypt is 25 years, in addition to a 500,000 Egyptian pound fine (US$56,300).
- Cease all additional forms of legal and other harassment of human rights defenders.
- Repeal the Protest Law (Law 107 of 2013), which severely restricts the right to peaceful assembly, or amend it in order to bring it in line with international human rights law and the Egyptian constitution.
- Repeal the Counter-Terrorism Law (Law 94 of 2015), which effectively criminalizes freedom of expression, association and assembly, or amend it substantially to bring it in line with international human rights law and standards.
- Immediately release all individuals imprisoned solely for the peaceful exercise of their rights to freedom of expression, association and assembly; drop the charges against them and ensure that any who have been convicted have their convictions quashed.
The full statement may be downloaded in PDF format here: Egypt-Advocacy-JointNGOStatement-2016
Jun 8, 2016
In a memorandum published today, the ICJ called on the Tunisian authorities to implement a comprehensive set of measures to fully realize women’s right of access to justice.
Despite some progressive legislation protecting women’s human rights, and the recent adoption of institutional and legal reforms of the justice system, the ICJ identified significant remaining obstacles undermining women’s access to justice in breach of Tunisia’s obligations under international human rights law.
“Women in Tunisia face numerous barriers accessing justice. While some are specific to their status as women, such as explicitly discriminatory laws, others are common to men and women but affect women and men differently or are predominantly experienced by women,” said Shirin Abu Fannouneh, Legal Researcher for the ICJ Middle East and North Africa Programme.
The ICJ memorandum analyzes some of the main obstacles to women’s effective access to justice in Tunisia, including inadequate laws failing to fully protect women’s human rights, such as the Criminal Code’s flawed, discriminatory definitions of rape and sexual harassment; laws perpetuating gender discrimination, such as certain child custody provisions of the Personal Status Code; structural and practical obstacles related to the administration of justice; gender stereotypes and norms undermining women’s ability and/or willingness to seek justice; and economic and social barriers.
“Obstacles in the way of women exercising the right of access to justice take various forms in Tunisia. Even if certain legal provisions were to be reformed in line with international human rights law, other hurdles – such as the biased attitudes of justice-sector actors and women’s own disadvantaged social and economic realities – would, if unaddressed, continue to undermine women’s ability to claim and obtain respect for their human rights,” added Abu Fannouneh.
The ICJ stresses that, under international human rights law, Tunisia is not only required to adopt a wide range of legislative, administrative, educative and practical measures to realize the right of access to justice for all, but it must also take specific steps to address women’s experiences and the numerous, specific obstacles they face when seeking to exercise their right of access to justice.
“Effective access to justice for women is not merely a matter of the right to access a mechanism to claim their rights. It also requires prohibiting all forms of discrimination and ensuring that men and women enjoy equal rights, including equality before the law and equal protection of the law, in law and in practice,” said Abu Fannouneh.
The ICJ identified a wide range of measures Tunisia must implement to eliminate these obstacles. These reforms include:
- amending existing legislation, including through the Draft Law on Violence against Women, to ensure that certain violations of women’s human rights are adequately criminalized, such as rape, including marital rape, sexual assault and sexual harassment;
- providing adequate legal aid and protection measures, for example to victims of domestic violence;
- training for judges, prosecutors, police officers and lawyers in addressing and overcoming discriminatory attitudes and gender stereotypes within the administration of justice; and
- taking steps to address certain social and practical realities, such as women’s disadvantaged status in society, their lack of financial independence and societal gender-based stereotypes and prejudices that ultimately impede the effective exercise by women of their right of access to justice.
“If women’s effective access to justice is to become a reality, women must be fully empowered to seek and obtain respect for their human rights. The Tunisian authorities for their part must adopt and implement comprehensive reforms to address all types of obstacles to making women’s right of access to justice a reality so that legislative advancements are not nullified by persisting discriminatory attitudes and practices,” added Abu Fannouneh.
Contact
Theo Boutruche, ICJ Legal Adviser, Middle East and North Africa Programme, t: +96 170 888 961, e: theo.boutruche(a)icj.org
Tunisia-Memo WA2J-Advocacy-Analysis brief-2016-ENG (full Memo in English, PDF)
Tunisia-Memo WA2J-News-Press releases-2016-ARA (full news in Arabic, PDF)
Tunisia-Memo WA2J-Advocacy-Analysis brief-2016-ARA (full Memo in Arabic, PDF)
May 13, 2016
In a new report released today, the ICJ called on the Tunisian authorities to adopt comprehensive legal and policy reforms as well as practical measures to fully guarantee effective remedy and reparation for victims of human rights violations.
Under Ben Ali’s regime, thousands of human rights violations, including torture and other ill-treatments, unlawful killings, enforced disappearances, and arbitrary arrests and detentions, were committed by law enforcement and other security officers, the ICJ reminds.
Numerous similar violations were also committed during the December 2010 to January 2011 uprising and some continue today.
The ICJ report Illusory Justice, Prevailing Impunity highlights how, five years after the toppling of former President Ben Ali, legal and practical obstacles continue to undermine victims’ right to a remedy and reparation.
“Despite the adoption of some reforms and transitional justice measures, such as the establishment of the Truth and Dignity Commission, to date the legal system has failed to deliver the truth and justice that victims have been tirelessly seeking,” said Theo Boutruche, Legal Adviser at ICJ’s Middle East and North Africa Programme.
While several cases have been brought before Tunisian courts, in particular military courts, these proceedings in themselves do not fulfil Tunisia’s obligations to fully investigate and prosecute crimes under international and national law, establish the truth about violations, and ensure remedy and reparation for victims, the ICJ says.
The report details numerous flaws, in law and practice, including: lack of independence of the judiciary; inadequate statutory definitions of crimes; inadequate statutory recognition of the responsibility of superior officers for certain violations committed by their subordinates; the broad discretion of the public prosecutor to dismiss cases without providing specific reasons; the inadequacy of criminal investigations, including the lack of effective measures for the protection of victims and witnesses; and the resort to military justice, rather than ordinary civilian courts, to address human rights violations.
“Hope and expectations for justice grew within the transition period, but victims are frustrated and disappointed by persistent impunity and the inadequate outcomes in the proceedings brought against law enforcement officials since 14 January 2011,” added Boutruche.
The report identifies specific reforms of the justice system, in line with international law and standards that are needed to address current obstacles and fully realize the victims’ right to a remedy and reparation.
These include ensuring that: gross human rights violations are promptly, thoroughly and effectively investigated by bodies capable of triggering criminal prosecutions where required; victims and witnesses are protected; and that victims’ rights are given full effect, including the possibility to judicially review any decision by a prosecutor to dismiss a case prior to opening an investigation.
“Comprehensive reforms of the justice system are needed not only for victims of past violations to obtain justice and reparation but also for ‘transitional justice’ measures to deliver meaningful justice. The successful transfer of cases by the Truth and Dignity Commission to the Specialized Chambers highly depends on those reforms,” said Boutruche.
Contact:
Theo Boutruche, Legal Adviser of the ICJ Middle East and North Africa Programme, tel: +96 170 888 961, e-mail: theo.boutruche@icj.org
Tunisia-Remedy & reparations launch-News-Press releases-2016-ARA (full press release in Arabic, PDF)
Tunisia-Remedies and reparations-Publications-Thematic report-2016-ENG (full report in English, PDF)
Tunisia-Remedies and reparations-Publications-Thematic report-2016-ARA (full report in Arabic, PDF)
Watch the 12-minute documentary here:
May 10, 2016 | News
The ICJ today called on the Egyptian authorities to immediately release human rights lawyer Malek Adly and to drop all charges against him. He was arrested on Thursday 5 May 2016, pursuant to an arrest warrant.
Malek Adly has been charged with a number of offences, including “attempting to overthrow the regime,” “spreading false rumors,” and “using force against a public servant.”
The Prosecuting authorities have not provided information on specific behaviour that would constitute criminal conduct.
The ICJ is concerned that the charges may be in retaliation for Malek Adly’s work as a lawyer and human rights defender, and are aimed to chill him and others from engaging in work perceived as threatening to or disfavoured by Egyptian authorities.
They came at the backdrop of his work as a human rights lawyer, his critical views on the rule of law situation in Egypt, and his legitimate and peaceful exercise of freedom of expression and assembly in opposing transferring the sovereignty of Tiran and Sanafir islands from Egypt to Saudi Arabia, the ICJ says.
“Malek Adly’s arrest, detention and prosecution for carrying out his work as a lawyer and human rights defender and for peacefully expressing his views is yet another attempt by the Egyptian regime to muzzle lawyers, the last line of defence for victims of human rights violations in Egypt,” said Said Benarbia, Director of the ICJ Middle East and North Africa Programme.
“The regime’s crackdown on fundamental rights and freedoms has been worryingly extended to the very lawyers whose role is to challenge and protect against such crackdown,” he added.
Over the last three years, the ICJ has documented numerous cases of lawyers who have been subjected to human rights violations and reprisals in relation to the representation of their clients.
These include the cases lawyers Imam Afifi and Karim Hamdi who were allegedly subjected to torture and subsequently died while in police custody.
International standards aiming to safeguard the role of lawyers provide that States have a duty to ensure that lawyers are able to perform their functions “without intimidation, hindrance, harassment or improper interference” and that lawyers must not be subject to prosecution or other sanction for carrying out their professional responsibilities, the Geneva-based organization reminds.
International standards on human rights defenders require States protect human rights defenders from attacks, threats, retaliation and arbitrary action.
The Egypt 2014 Constitution guarantees the “independence of the lawyer’s profession and the protection of its interests as a guarantee to protecting the right to defence”. In addition, it prohibits the arrest of a lawyer while he or she is exercising the right to defence, except in flagrante delicto crimes.
“The Egyptian authorities must live up to their obligations under the Constitution and international law and put an immediate end to their attacks against lawyers,” concluded Benarbia.
Contact
Nader Diab, Associate Legal Adviser of the ICJ Middle East and North Africa Programme, t: +216 51727023; e: nader.diab(a)icj.org
Egypt-HR Lawyer MalekAdly-News-Press Releases-2016-ARA (full text in Arabic, PDF)
