Aug 12, 2014 | Events
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
May 5, 2014 | News
The ICJ today welcomed the decision of Oktyabrskiy Court of Bishkek to reopen the investigation in the case against Azimzhan Askarov.
Apr 9, 2014 | News
The ICJ is gravely concerned at reports that fresh arrest warrants have been issued for human rights lawyer Thulani Maseko and journalist Bheki Makhubu following efforts by the court to have them remanded in custody.
Apr 3, 2014 | Advocacy, Legal submissions
The ICJ today made a further submission to the UN Working Group on Arbitrary Detention.
The ICJ submission addressed a number of issues for a draft set of “Basic Principles and Guidelines” on the right of anyone deprived of liberty to challenge the lawfulness of his or her detention, and the right of victims of arbitrary or unlawful detention to an effective remedy.
The document supplements an earlier submission by ICJ, delivered in November 2013, and responds to a number of questions raised by members of the Working Group when the ICJ appeared before it in its November session. The new submission addresses the following issues:
- The ability of persons other than the detained individual and his or her lawyer to initiate proceedings challenging the detention.
- Entitlement of a detained person to disclosure by the government of information relevant to their detention, in the context of challenging the lawfulness of the detention.
- The right of the detained individual physically to appear before the court.
- The scope of the obligation to provide compensation to victims of arbitrary or otherwise unlawful detention, apart from particular treaty provisions.
- Whether, in terms of the right to remedy and challenge, any distinction is to be drawn between the criminal justice system and other forms of detention such as detention of migrants, detention on psychiatric and various existing administrative regimes.
- Military courts and the right to challenge the lawfulness of detention.
- Whether exceptions to the right to challenge lawfulness of detention before a court exist, under customary international law.
The United Nations Working Group on Arbitrary Detention, which will next meet in Geneva 22 April to 1 May 2014, was requested by the Human Rights Council to prepare the draft “Principles and Guidelines” before the end of 2015. The Working Group is presently developing a first draft. A stakeholder consultation on the draft is contemplated for September 2014.
The new supplemental submission may be downloaded in PDF here: ICJ-Advocacy-WGADhabeas-2ndSubmission-03042014
The earlier submission may be downloaded here.
Mar 27, 2014 | News
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.
