Mar 22, 2018 | Advocacy, Non-legal submissions
Today, the ICJ together with Forum for Human Rights submitted written information to the Committee against Torture ahead of its examination of the periodic report of the Czech Republic.
The two organisations argue that the Czech Republic violates Articles 2, 14 and 16 of the Convention Against Torture, by not ensuring access to a lawyer for children below the age of 15 (the age of criminal responsibility) in the pre-trial stage of juvenile justice proceedings.
1273 children younger than 15 were part of these pre-trial stage proceedings in the Czech Republic in 2017 without access to procedural guarantees, including legal counsel, unlike children aged 15-18 have under national legislation.
Children below the age of criminal responsibility do not benefit from such procedural rights and therefore, during the police questioning, they are typically left without any legal assistance and presence of a lawyer who neither can deter the police from resorting to ill-treatment or other abuses, nor work as a protection for police officers in case they face unfounded allegations of ill-treatment.
This situation constitutes a violation of the obligation to prevent torture or acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture under Articles 2 and 16 of the CAT. Additionally, the Czech Republic fails to ensure access legal counsel for the purposes of an effective remedy under Article 14 of the CAT.
The joint submission aims to inform the 63rd session of the Committee Against Torture in April-May 2018 during which the Sixth periodic report of the Czech Republic will be examined.
Read the full joint submission here:
Czech-Republic-Joint-writteninformation- against-torture-2018-ENG (Full text in ENG, PDF)
Jan 29, 2018 | Advocacy, Non-legal submissions
Today, the ICJ and Thai Lawyers for Human Rights (TLHR) filed their joint submission to the UN Committee against Torture (Committee).
The Committee will consider it during the adoption of a list of issues prior to reporting (LOIPR) for the examination of the Second Periodic Report of Thailand under Article 19 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).
During its 63rd session, from 23 April to 18 May 2018, the Committee will prepare and adopt a LOIPR on Thailand.
Once adopted, the LOIPR will be transmitted to the State party. Thailand’s formal response to the LOIPR will then constitute its Second Periodic Report under article 19 of the Convention.
Thailand ratified the CAT in 2007. Following its review of Thailand’s initial report under CAT, the Committee adopted its Concluding Observations at its 52nd Session in May 2014.
The ICJ and TLHR’s joint submission to the Committee highlights a number of ongoing concerns with respect to the country’s implementation of and compliance with the provisions of the CAT.
In addition, the joint submissions formulates certain questions and recommends that the Committee should include them in its LOIPR and address them to the Government of Thailand, including on the following pressing issues:
- The fact that, since the coup d’ état of 22 May 2014, the constitutional and legal framework in force in Thailand has increased opportunities for legally-sanctioned impunity;
- The failure to criminalize through the adoption of bespoke domestic legislation the crimes of torture, cruel, inhuman or degrading treatment or punishment and enforced disappearance, consistent with the CAT and other relevant international law;
- The failure to conduct investigations of credible allegations of enforced disappearances, as well as into credible reports of the widespread use of torture and other ill-treatment in a prompt, effective, independent and impartial manner in numerous cases; and
- Threats and reprisals against persons working to bring to light cases of alleged torture, other ill-treatment and enforced disappearance.
Contact
Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Programme, t: +66 94 470 1345, e: [email protected]
Thailand-CAT Submission-Advocacy-non-legal submission-2017-ENG (Full submission in PDF)
THAILAND-CAT additional info-Advocacy-2018-ENG (additional information, updated in April 2018)
Oct 2, 2017 | News
The ICJ, APT, OMCT, FIACAT, Redress, Amnesty, IRCT, and Alkarama have constructed a checklist for membership to guide the States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in selecting five new members later this month.
See Checklist here:
Universal-CriteriaMembership-News-2017-ENG
Oct 13, 2014 | News
The Royal Thai Government should comply with its international human rights obligations to provide remedies and reparation to victims of torture or other ill-treatment, the ICJ, Human Rights Watch and Amnesty International said today.
Apr 8, 2014 | News
The ICJ today welcomed steps taken by the Palestinian authorities to accede to core international human rights and humanitarian law conventions.
