May 4, 2015 | News
Following a recent international conference, the ICJ and the other participants elaborated and signed the Tunis Declaration on the Arab Court of Human Rights.Among other things, the Tunis declaration (see below) is calling for the members of the League of Arab States (LAS) to refrain from ratifying the Statute of the Arab Court unless and until it is revised in accordance with international standards, with a view to creating an effective Arab human rights court.
The conference was organized from 8-9 April in Tunis by the ICJ and the Legal Agenda, and attended by international, regional and national judges, lawyers, human rights defenders and members of civil society.
Key provisions of the Statute of the Court, which was adopted by the Ministerial Council of the League of Arab States on 7 September 2014, were discussed and assessed in light of the experience and practice of regional human rights systems and international mechanisms.
Conference participants identified both shortcomings of the Statute and the necessary reforms required to establish a court that provides meaningful access to individuals alleging a violation of their human rights.
A detailed analysis of the provisions of the Statute can be found in the ICJ’s report, The Arab Court of Human Rights: A Flawed Statute for an Ineffective Court, published on 8 April 2015 (to access the Statute of the Court, see annex 1 of the ICJ report).
MENA-Arab Court Tunis Declaration-Advocacy-2015-ENG (full text in PDF, English)
MENA-Arab Court Tunis Declaration-Advocacy-2015-ARA (full text in PDF, Arabic)
Apr 24, 2015 | News
The ICJ today called on the Egyptian authorities to ensure a prompt, impartial and effective investigation into the deaths of two lawyers, Imam Afifi and Karim Hamdi, who recently died while in police custody in Mataria police station.
The ICJ is deeply concerned that the deaths of Imam Afifi and Karim Hamdi while in police custody are part of a widespread and sustained campaign targeting hundreds of lawyers since 2013, including those defending political opponents of the regime and human rights activists, as well as lawyers exercising their rights to freedom of assembly and expression.
“The Egyptian authorities must effectively investigate and prosecute all those responsible for the alleged torture and death of Imam Afifi and Karim Hamdi while in police custody and must hold accountable any person responsible for wrongful conduct ,” said Said Benarbia, Director of the ICJ MENA Programme.
“The authorities must bring an end to their ongoing campaign of harassing and persecuting lawyers, including arbitrary arrests and prosecutions, for simply discharging their professional duties or for speaking out against human rights violations,” he added.
Under international standards, lawyers should be able to carry out their professional duties free from hindrance, intimidation, harassment or interference, says the ICJ.
They should not be identified with their clients or their clients’ causes or subject to arbitrary arrest and prosecutions as a result of the discharge of their functions.
Background:
On 10 April, Imam Afifi, a 63-year old lawyer, was assaulted and arrested in the Mataria neighborhood where a demonstration was taking place against the government.
He was detained in Mataria police station where he was allegedly subjected to torture, including a severe beating to his head.
On 11 April, he was transferred from the police station to Mataria hospital.
A medical report from the same day, to which the ICJ had access, indicates that Imam Afifi was admitted to the hospital with a massive trauma to the head. He died in hospital on 22 April.
On 22 February, another lawyer, Karim Hamdi, was arrested and questioned on suspicion of belonging to the Muslim Brotherhood, membership of which has been outlawed, and participating in an unauthorized demonstration against the government.
While in police custody in Mataria police station, he was reportedly severely beaten on his neck, chest and abdomen. He died two days later after being transferred to hospital.
Following a complaint by the Bar Association to the prosecutor’s office, two members of the National Security Agency were charged with torturing and murdering Karim Hamdi.
Additional information:
According to information available to the ICJ, attacks against lawyers since 2013 include the following:
On 23 April 2015, six lawyers were summoned for interrogation in relation to their participation in a demonstration on 9 March to protest against the death of Mr Karim Hamdi.
The lawyers also challenged the prosecutor’s decision to prohibit anyone from reporting on the investigation into Mr Hamdi’s case.
On 23 March 2015, human rights lawyer, Azza Soliman, was charged with breaching public order and security under the 2013 Demonstration Law after voluntarily providing testimony against police involved in the killing of Social People’s Alliance party activist, Shaimaa El Sabbagh, on 24 January 2015.
The Qasr El Nile Prosecution Office in Cairo subsequently changed her status from witness to defendant.
On 9 February 2015, a human rights lawyer, Ms Mahienour El Massry, was sentenced to two years imprisonment after she attended the El-Ramel police station in Alexandria, in March 2013, in order to defend demonstrators.
The charges against her included “insulting government employees in the performance of their duties”, “insulting representatives of the authorities” and “attempting to break into a police station”.
Three lawyers, Basma Zahran, Mahmoud Bilal and Oussama Al Mahdi, were referred for investigation, on 3 September 2014, for “disrupting and causing trouble” during trial proceedings for insisting that their client, the human rights activist Ahmed Douma, seated in a sound-proof glass cage, should be heard.
On 5 July 2013, Abdel Men’em Abdel Maqsoud was arrested while attempting to attend the interrogation of his clients, deputy Secretary General of the Muslim Brotherhood, Rachad Bayoumi, and Mohamed Saad Al Katanah.
He was detained before being released on bail on 2 September 2014.
Contact:
Alice Goodenough, Legal Adviser of the ICJ Middle East and North Africa Programme, t: 44 7815 570 834, e: alice.goodenough(a)icj.org
Nader Diab, Associate Legal Adviser of the ICJ Middle East and North Africa Programme, t: 41 229 793 804, e: nader.diab(a)icj.org
Egypt-Deaths of lawyers-News-Press release-2015-ARA (full text of Arabic version in PDF)
Apr 22, 2015 | Communiqués de presse, Multimédia, Nouvelles
Les trois finalistes défenseurs des droits de l’Homme en lice pour le prix sont Ahmed Mansoo (Emirats Arabes Unis), Robert Sann Aung (Myanmar) et Asmaou Diallo (Guinée).
La CIJ est membre du jury du Martin Ennals Award (MEA).
La sélection des nominé-e-s au Prix est effectuée par la communauté internationale des droits humains. Le Prix est attribué à des défenseur-e-s des droits humains qui ont montré un engagement important et font face à un risque personnel sérieux. L’objectif du Prix est de mettre en lumière leur travail et de les protéger à travers une visibilité accrue.
Universal-MEA Final Nominees 2015-News-Press Release-2015-FRE (Communiqué de presse officiel en PDF)
Apr 14, 2015 | News
The ICJ is deeply concerned over the decision of the High Judicial Council and the President of the Cairo Court of Appeal to investigate two judges with a view to referring them to the disciplinary Council.
Media reports have indicated that Assem Abdel Jabar, deputy president of the Cassation Court, and Hicham Raouf, a judge in Cairo’s Appeal Court, are being investigated over their individual participation, together with other leading lawyers and legal experts, in a workshop organized by an Egyptian organization, United Group, to discuss and propose new legislation on the prevention of torture.
According to information available to the ICJ, the two judges have so far not been formally notified of any charges against them and have received no information about the allegations on which they are based.
The actions against these judges continue a pattern of intimidation and attempted silencing of judges who are seen by authorities as not aligning themselves with government objectives.
The apparent investigation is only the latest in a string of cases where judges have been subject to arbitrary disciplinary proceedings for legitimately exercising their rights to freedom of expression and assembly.
On 14 March 2015, the Disciplinary Council forced 31 judges into retirement for signing a statement, on 24 July 2013, which criticized the “attack on the constitutional legitimacy and the ouster of the legitimate president that was elected”.
The disciplinary proceedings against these judges were marred with violations of due process rights.
The judges were not adequately informed of the date and location of the hearings, defence witnesses were not called and requests by the judges that the hearings be public were disregarded.
On 4 April 2015, a disciplinary hearing took place against Zakaria Abdelaziz, former president of Egypt’s Judges Club and one of the leading advocates for judicial independence in Egypt.
The charges alleged “involvement in politics” and “breaking into the State Security Building during a demonstration on 5 March 2011”.
According to information available to the ICJ, the case files were not made available to Zakaria Abdeaziz until the first hearing despite repeated requests to obtain them.
Under international human rights law and standards, judges are guaranteed the right to freedom of belief, association, assembly and expression, including by commenting on matters of public concern and matters pertaining to the rule of law and human rights situation in a country.
“Instead of subjecting judges to arbitrary proceedings for lawfully exercising their rights, the Egyptian authorities should stop its sustained campaign to muzzle judges who are seen as not friendly to the authorities,“ said Said Benarbia, Director of the ICJ MENA programme. “The Egyptian authorities must reinstate all judges who were removed from office solely for exercising their rights to freedom of expression and assembly and drop all charges against those currently subject to disciplinary proceedings for charges stemming from the exercise of these rights.”
Contact:
Alice Goodenough, Legal Adviser of the ICJ Middle East and North Africa Programme, t: +44 7815 570 834, e-mail: alice.goodenough(a)icj.org
Nader Diab, Associate Legal Adviser of the ICJ Middle East and North Africa Programme, t: +41 229 793 804, e-mail: nader.diab(a)icj.org
Egypt-Judges harassed-News-web story-2015-ARA (full text in PDF)
Apr 8, 2015
The ICJ calls on member States of the League of Arab States (LAS) to refrain from ratifying the Statute of the Arab Court of Human Rights unless and until it is comprehensively amended.
In a report published today, the ICJ highlights numerous failings in the drafting process and the provisions of the Statute that fall short of international standards.
The Statute, approved by the Ministerial Council of the LAS on 7 September 2014, does not permit individuals or groups, including victims of human rights violations, to file a complaint directly with the Court. Only States parties, and NGOs that are both accredited in a State party and are specifically permitted to do so by that State, can bring cases before the Court.
“By denying the right of victims to have direct recourse to the Court, the Statute defeats the very purpose and objective of establishing the Arab Court of Human Rights,” said Said Benarbia, Director of the ICJ’s Middle East and North African Programme. “Amendments to the Statute’s access provisions should be introduced to ensure direct access at a minimum for individuals who allege they have been a victim of a violation of a right within the jurisdiction of the Court.”
Further reforms needed include proper guarantees for the independence and impartiality of the Court and its judges, a requirement for the Court to interpret the Arab Charter of Human Rights consistently with States’ other international law obligations, and for the Court to have broad discretion to decide whether cases are admissible, without the undue restrictions of a strict requirement to exhaust local remedies.
In addition, if the Court is to be effective, it must be able to order interim or provisional measures; to order measures capable of protecting victims, witnesses and other participants in Court proceedings from reprisals; the host State must be required to provide the necessary guarantees for the Court and its staff; and there must be mechanisms to ensure that the Court’s judgments are actually implemented in practice.
“Member States of the LAS must refrain from ratifying the Statute in its current form and should instead launch a transparent and inclusive process to amend the Statute in full accordance with international standards,” Benarbia added. “All stakeholders, including victims of human rights violations and their representatives, civil society organizations, judges, academics and Bar Associations, should be given the opportunity to participate in all stages of the process of establishing the Arab Court, including the reform of the Statute.”
Said Benarbia was speaking at a joint conference of the ICJ and Legal Agenda in Tunis, from 8 to 9 April 2015, bringing experts on international and regional mechanisms and courts, together with judges, lawyers and civil society organizations from LAS member states, to examine the Statute of the Arab Court in light of international standards and experiences.
Contact:
Said Benarbia, ICJ Director of the Middle East and North Africa Programme, e: said.benarbia@icj.org
MENA-Arab Court of Human Rights-Publications-Report-2015-ENG (full report in PDF, English version)
MENA-Arab court of Human Rights-Publications-reports-2015-ARA (full report in PDF, Arabic version)
MENA-Arab Court Report-News-Pressrelease-2015-ARA (full Arabic version of press release in PDF)
MENA-Arab Court Tunis Declaration-Advocacy-2015-ENG (full text in PDF)
MENA-Arab Court Tunis Declaration-Advocacy-2015-ARA (full text in PDF, Arabic)
MENA-Arab Court Speech Monageng-Advocacy-2015-ENG (full text in PDF)
MENA-Arab Court Memo Monageng-Advocacy-2015-ENG (full text in PDF)
MENA-Conference Agenda-News-Event-2015-ENG (full agenda in PDF, English)
MENA-Conference Agenda-News-Event-2015-ARA (full agenda in PDF, Arabic)
