ICJ launches project combatting impunity for serious human rights violations in Colombia, Guatemala and Peru

ICJ launches project combatting impunity for serious human rights violations in Colombia, Guatemala and Peru

Today in Bogotá, Colombia, ICJ and its partners launched a new 30-month project under the ICJ’s Global Accountability Initiative entitled, Promoting justice for extrajudicial killings and enforced disappearances in Colombia, Guatemala and Peru.

 The aim of the project is to promote the accountability of perpetrators and access to effective remedies and reparation for victims and their families in cases of extrajudicial killings and enforced disappearances in Colombia, Guatemala and Peru – and Latin America more broadly – through effective, accountable and inclusive laws, institutions and practices that also reduce the risk of future violations

The ICJ’s partners include the Asociacion de Familiares de Detenidos-Desaparecidos de Guatemala (FAMDEGUA), Asociación Red de defensores y defensoras de derechos humanos (dhColombia), Equipo Argentino de Antropología Forense (EAAF), Equipo Peruano de Antropología Forense (EPAF), Fundación de Antropología Forense de Guatemala (FAFG), and the Instituto de Defensa Legal (IDL).

Christof Heyns, Director of the Institute for International and Comparative Law in Africa and Professor of Human Rights Law at the University of Pretoria – and a former Special Rapporteur on extrajudicial, summary or arbitrary executions – also joins the project as special adviser.

In carrying out the project the ICJ will conduct general studies on obstacles to impunity in Colombia, Guatemala and Peru, as well as specific documentation of emblematic cases of serious human rights violations.  The ICJ will also produce a practitioners’ guide for use by civil society, victims and their representatives on the investigation and prosecution of potentially unlawful death, and a regional guide for forensic experts on the investigation and prosecution of potentially unlawful death.  In connection with the project the IJC intends to conduct strategic litigation, trial observations and capacity building activities involving judges, prosecutors, investigators, lawyers, civil society, victim groups and forensic experts.

The project is supported by the EU European Instrument for Democracy and Human Rights (EIDHR).

Contacts:

Kingsley Abbott, Senior Legal Adviser & Coordinator of the ICJ’s Global Accountability Initiative, email: kingsley.abbott(a)icj.org

Rocío Quintero, Legal Adviser, Latin America, email: rocio.quintero(a)icj.org

Egypt: Ahmed Douma must be immediately removed from solitary confinement and released

Egypt: Ahmed Douma must be immediately removed from solitary confinement and released

Today the ICJ condemned the conviction of prominent Egyptian political activist Ahmed Douma and called for his immediate removal from solitary confinement and release from prison.

Ahmed Douma, political activist and founding member of the now banned 6 April pro-democracy movement established in 2008, was convicted by the South Cairo Criminal Court on Wednesday 9 January 2019.

The conviction, resulting in a sentence of 15 years in a maximum security prison and a six million Egyptian pounds (US$335,000) fine, followed a re-trial on charges under the Penal Code and Law No. 10 of 1914 on Illegal Assembly including using force and violence against military and police officers, disrupting traffic, participating in an illegal assembly for such purposes, burning the Egyptian Scientific Institute, vandalizing public property, and possessing Molotov Cocktails and rocks to vandalize public property.

The charges relate to his involvement in a three-week sit-in protest outside the Cairo Cabinet Offices in November and December 2011 against the Supreme Council of the Armed Forces’ decision to appoint Kamal Al Ganzouri as Prime Minister, and calling for a civilian government during the post-revolution transition period. The protest erupted in clashes between military forces and protestors on 16 December 2011, which lead to the death of 18 protestors by live ammunition, injury of more than 1900 others and property damage. Douma and 268 others were charged with all offences without distinction.

Ahmed Douma has been held in solitary confinement since late 2013 in connection with his conviction in another case.

Before handing down the sentence, Judge Mohamed Shereen Fahmy stated the country was “plagued by the intellectually defeated and the socially […] lost in the maze of life, seeking a position through which they can establish themselves as national symbols, liars, deceivers, and accomplices, […] who one would expect to be the homeland’s protectors, but in reality, they are its worst foes.”

“The harsh sentence is a clear message to all political activists that any political activity or dissent will not be tolerated under Egypt’s military dictatorship,” said Said Benarbia, Director of ICJ’s MENA Programme. “Judge Fahmy’s statement demonstrates he was never independent and impartial, but was implementing the political will of the al-Sisi led government. The Egyptian regime’s politicization of the judiciary means those with opposing views are unlikely to have a fair trial.”

On 22 December 2013, a Cairo Misdemeanor Court convicted Ahmed Douma in another case, along with two other political activists and founding members of the 6 April movement, Ahmed Maher and Mohamed Adel, for “illegally organizing a protest” under Law No. 107 of 2013 on the Right to Public Meetings, Processions and Peaceful Demonstrations. They were sentenced to three years’ imprisonment and fined 50,000 Egyptian pounds (US$7,239) each.

Since that conviction, Douma has been detained in solitary confinement, with minimal time outside his cell each day. Prolonged solitary confinement is prohibited under international law.

“The Egyptian Authorities are subjecting a political activist to severe ill-treatment in reprisal for his participation and his role in the pro-democracy uprisings of January 2011 and as a warning to others to take heed of what will happen should you dare to express your views. Ahmed Douma’s solitary confinement for more than five years is a breach of Egypt’s obligations under international law,” said Said Benarbia.

Contact:

Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org

Egypt-Release Ahmed Douma-News-Web Story-2019-ENG Full press release (English, PDF)

Egypt-Release Ahmed Douma-News-Web Story-2019-ARA Full press release (Arabic, PDF)

On video: UN mechanisms can provide a drumbeat for civil society

On video: UN mechanisms can provide a drumbeat for civil society

During a week of training and practical experience of UN human rights mechanisms in Geneva, women lawyers spoke of the ways in which civil society actors can use these mechanisms to strengthen advocacy efforts.

As part of a project supported by the German Mission to the United Nations in Geneva the ICJ invited two groups of women lawyers to Geneva to attend training workshops that took place during the course of the June and September ordinary sessions of the UN Human Rights Council.

Participants spoke about their experiences with the interplay between UN mechanisms and domestic changes.

Lebanese lawyer Nina Abdallah noted the limitations of these mechanisms when States do not accept mechanisms that allow for individual complaint. As Lebanon has not yet become party to the Optional Protocol of the CEDAW Convention this means that individuals cannot access the CEDAW Committee to seek a remedy for violations and against that State’s failure to meet obligations under the Convention.

However, she explained that although this limits the accessibility of certain mechanisms, civil society can still play an important role in raising rights issues, calling for removal of reservations and acceptance of complaint procedures for specific Conventions through other mechanisms, such as the Universal Periodic Review reporting process.

Maria Sol Taule, a lawyer from the Philippines working for human rights NGO Karapatan, noted that it is difficult for UN mechanisms to address individual cases when there are so many issues to deal with. However, she said that these mechanisms do still serve as an “effective tool to use as a platform to drumbeat our issues that haven’t been heard by our respective governments.”

Civil society participation in the Human Rights Council, State reporting processes for Committees and the UPR provide an occasion to highlight the human rights difficulties faced within specific countries. Ms Taule said this kind of engagement also offers the opportunity to enhance international solidarity with other organizations from other countries that are dealing with similar rights issues.

On video: women lawyers speak about the impact international standards can have on domestic legislation

On video: women lawyers speak about the impact international standards can have on domestic legislation

The ICJ invited a number of women lawyers to Geneva to participate in a training workshop and gain practical experience of UN human rights mechanisms as part of a project supported by the German Mission to the United Nations in Geneva.

One group of women came to Geneva in June during the 38th session of the UN Human Rights Council and 70th session of the Committee on the Elimination of Discrimination against Women, and the other group came in September to coincide with the 39th session of the Human Rights Council.

During the week long training workshops participants learned about the international human rights mechanisms available to tackle issues of women’s access to justice and gained hands-on exposure to the operation of these mechanisms in practice.

Participants spoke about the impact that the CEDAW Convention has had in their domestic legislation.

Donia Allani a lawyer and lecturer at the Faculty of Legal, Political and Social Sciences of Tunis, discussed the impact of CEDAW in shaping legislation in Tunis to eliminate violence against women and facilitate access to justice but noted that women still faced stigmatization.

Donia Allani commented, however, that UN mechanisms could be improved to ensure that all activists and feminists can access these mechanisms without fear of reprisals.

Uzbek lawyer Sabina Saparova, also spoke of the impact that international law and standards can have domestically. She explained that Uzbekistan’s ratification of the CEDAW Convention provided an international commitment to incorporating equality between men and women into its legal structure. Recently the president of Uzbekistan initiated the first steps toward the adoption of a law on the prevention of domestic violence.

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