Prominent human rights lawyer Dr Amin Mekki Medani, and lawyer and political opposition leader Farouk Abu Issa, remain in detention at an unknown location. The two men were arbitrarily arrested by the Sudanese authorities in early December.
Matt Pollard and Alex Conte, of the ICJ’s International Law and Protection Programmes, will give presentations during the Global Consultation on the Right to Challenge the Lawfulness of Detention, to be held in Geneva on 1-2 September 2014.
The UN Working Group on Arbitrary Detention, in cooperation with the Office of the UN High Commissioner for Human Rights, will convene the Consultation. The aim of the two-day meeting is to seek input on the development by the Working Group of draft basic principles and guidelines on remedies and procedures on the right of anyone deprived of his or her liberty, by arrest or detention, to bring proceedings before court, in order that the court may decide without delay on the lawfulness of his or her detention and order his or her release if the detention is not lawful.
ICJ experts, Matt Pollard and Alex Conte, will be members of two panel discussions during the Global Consultation, respectively on the framework, scope and content of the right to court review of detention and on exercise of that right in situations of armed conflict, state of emergency or for counter-terrorism purposes.
The ICJ has already made two written submissions to the Working Group on Arbitrary Detention on the subject, in November 2013 and April 2014.
Go to the OHCHR webpage on the Global Consultation
See the ICJ’s written submissions to the Working Group on Arbitrary Detention
The ICJ consider that yesterday’s order to prolong the detention pending trial of Swazi human rights lawyer, Thulani Rudolf Maseko, and The Nation Magazine editor Bheki Makhubu, for 7 more days, was inconsistent with the right to liberty.
The ICJ sent a team of lawyers to observe yesterday’s court hearing in Mbabane because of concerns that not only was the arrest and detention seemingly arbitrary, but also that the charges for contempt of court may be inconsistent with the enjoyment of the right to freedom of expression.
In the light of its concerns in the case, including with regard to the respect for the rights to a fair hearing before an independent and impartial tribunal, the rights to liberty and the rights to freedom of expression, the ICJ intends to continue to monitor the proceedings against Thulani Rudolf Maseko and Bheki Makhubu, and will send an international observer to the next hearing which is expected to take place on 1 April 2014.
Further information:
swaziland-maseko and makhubu custody hearing-2014 (full press release)
Contact:
Arnold Tsunga, Director, ICJ Africa Regional Programme, Arnold.tsunga(a)icj.org, +27 11 024 8268 or +27 73 131 8411
Martin Okumu-Masiga, Deputy Director, ICJ Africa Regional Programme, martin.okumu-masiaga(a)icj.org, +27 78 234 9125.
The ICJ, in collaboration with other organizations, has dispatched a team of lawyers to attend the bail hearing of prominent lawyer and human rights defender, Thulani Maseko and journalist, Bheki Makhubu on 25 March 2014.
The ICJ is working with the SADC Lawyers Association, the Southern Africa Litigation Centre, the Zimbabwe Lawyers for Human Rights and the Southern Africa Human Rights Defenders Network.
Maseko and Makhubu were jointly charged on 18 March 2014 and remanded to appear on 25 March for a bail hearing.
Their lawyer was not allowed to make submissions when the accused appeared for initial remand, in contravention of regional and international standards guaranteeing the right to be represented by a lawyer in legal proceedings.
The accused were arrested after Chief Justice Ramodibedi issued a warrant for their arrest on charges of criminal contempt of court.
The charges arise from articles allegedly written by Maseko and Makhubu in February and March 2014, in which they questioned circumstances surrounding the arrest of government vehicle inspector, Vincent Gwebu.
The vehicle inspector had been arrested and charged with contempt of court after he had arrested the driver of a High Court Judge.
They questioned the integrity, impartiality and independence of the Swaziland judiciary in the way they handled the Gwebu case.
The legality of the arrest, detention and charges is likely to be challenged at the bail hearing.
The ICJ trial observer team of lawyers will assess the compliance of the trial proceedings with international standards of fair trial, including those of the African Union.
The ICJ has previously expressed initial concern that the arrest and detention appear to be arbitrary, and carried out in retribution for their exercise of their right to freedom of expression.
The ICJ also previously expressed further initial concern that the lawyer for the two was not allowed the legitimate exercise of his professional functions as a lawyer when the two appeared before the Chief Justice for the initial remand.
The team of trial observers consists of the following lawyers: Arnold Tsunga, Director, ICJ Africa Regional Programme; Martin Okumu-Masiga, Deputy Director, ICJ Africa Regional Programme; Andrew Makoni, Board member, Zimbabwe Lawyers for Human Rights; and Emilia Siwingwa, Deputy Director, SADC Lawyers Association.
Contact
For further information contact Arnold Tsunga or Martin Okumu-Masiga on +27 11 024 8268, +27 73 131 8411 or +27 78 234 9125.
The ICJ today condemned the arrest and detention on 17 March of prominent human rights lawyer, Thulani Maseko and Nation Magazine editor, Bheki Makhubu.
The ICJ is concerned that Thulani Maseko is being subject to persecution for the legitimate exercise of his professional functions as a lawyer, and that both men appear to be detained for exercising their right to freedom of expression.
The men were arrested after Chief Justice Ramodibedi had issued a warrant for their arrest on charges of “scandalizing the judiciary” and contempt of court.
The charges arise from articles allegedly written by Thulani Maseko and Bheki Makhubu in February and March 2014, in which they questioned circumstances surrounding the arrest of government vehicle inspector, Vincent Gwebu.
The vehicle inspector had been arrested and charged with contempt of court after he had arrested the driver of a High Court Judge.
Thulani Maseko and Makhubu, were jointly charged on 18 March 2014 and remanded to appear on 24 March for a bail hearing.
Their lawyer was not allowed to appear on their behalf, in contravention of international and African regional law and standards guaranteeing the right to be represented by a lawyer in legal proceedings.
The ICJ is also concerned that the accused did not appear in open court, but instead in the Chief Justice’s chamber and were not allowed to apply immediately for bail, also in contravention of international and African regional standards.
The ICJ calls upon the Swazi immediately to release the two men. For as long as they are in detention they must be given access to their lawyers.
For further information contact:
Arnold Tsunga, Arnold.tsunga(a)icj.org, Director, ICJ Africa Regional Programme
Or
Martin Okumu-Masiga, Martin.okumu-masiga(a)icj.org, Deputy Director.
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