Mar 25, 2014 | News
The ICJ today strongly condemned the decision of the Criminal Court of Minya to convict 529 individuals and to sentence them to death.
The individuals were sentenced for “participating in an attack on a police station in Minya,” “murder of a police officer,” “attempted murder of two other officers,” “seizing weapons” and “damaging public property”.
The verdict comes against a backdrop of a continuing crackdown on individuals suspected of supporting the ousted President, Mohamed Morsi, or being members of the Muslim Brotherhood, an organization officially designated by the military and other transitional authorities as a terrorist organization.
The verdict followed a two-day trial that disregarded fundamental fair trial standards.
The first hearing lasted 30 minutes, while the second lasted one hour.
International law is clear: the imposition of the death penalty following an unfair trial violates the right to life.
The ICJ calls on the Egyptian authorities to extinguish the convictions resulting from this trial and ensure that those arrested, prosecuted and convicted for the legitimate exercise of their rights to freedom of association and assembly are immediately released.
“The Minya trial made an absolute mockery of justice, violating basic human rights, including the rights to life, to liberty, to be presumed innocent and to defence,” stated Said Benarbia, Director of the ICJ Middle East & North Africa Program. “Even with Egypt’s long history of unfair trials and systematic politicization of the judiciary, the Minya trial sets a new low, and could be dangerous precedent for mass convictions following mass trials against government critics.”
The ICJ is deeply concerned that this trial is a part of a deliberate policy by the Egyptian authorities to use the courts and the Office of the Public Prosecutor to arrest, prosecute, convict, and imprison opponents of the current authorities.
The ICJ is also concerned that this policy effectively shields from accountability police, security, and military officers responsible for human rights violations committed in the context of the crackdown that followed the ouster of President Morsi, including the killings of more than 1200 people, in particular during the dispersal of the Rabaa Al-Adawyia and Annahda pro-Morsi sit-ins on 14 August.
No effective investigation has yet been conducted into these killings, and the perpetrators remain unpunished.
“In times of crisis, judges and prosecutors must safeguard and uphold human rights and fundamental freedoms, not act as tools of repression by prosecuting and convicting individuals for the legitimate exercise of their rights” said Benarbia.
“The Egyptian authorities must respect the independence of judges and prosecutors and refrain from any undue, inappropriate or unwarranted interference in judicial matters,” Benarbia concluded.
Contact:
Said Benarbia, ICJ Director of the Middle East and North Africa Programme, tel: 41 22 979 38 17, e-mail: said.benarbia(a)icj.org
Feb 28, 2014 | News
A statement by Sultan Hassanal Bolkiah suggesting that critics of Brunei Darussalam’s new Penal Code may be criminally prosecuted for slander is clearly meant to curb freedom of expression and opinion in the country, the ICJ said.
The ICJ urged the Government of Brunei to ensure full respect for the right of freedom of opinion and expression.
In a speech marking Brunei’s 30th National Day on 23 February 2014, Sultan Hassanal Bolkiah said that social media had been used to express opposition to the implementation of the new Penal Code.
He said that those who use social media to express their opinions against the new Penal Code may be committing offences under the General Offences Chapter of the new law. He reportedly characterized some of this expression as amounting to slander, including of the King and of Ulamas, or Muslim scholars. The Sultan also warned that these critics “cannot continue to be allowed to inflict insults” and that they “can be brought to court.”
“Sultan Hassanal Bolkiah’s statement illustrates that human rights, particularly respect for freedom of opinion and expression, is widely disregarded by the authorities in Brunei,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific.
The ICJ has criticized the new Penal Code for being an affront to human rights and at odds with international standards.
The ICJ reiterates its concern that provisions in the new Penal Code are not in accord with the commitment made by Brunei Darussalam as a member of the Association of Southeast Asian Nations (ASEAN) to promote and protect human rights in the region.
“Free, unhindered debates on issues like the enactment or implementation of a law are important cornerstones of a democratic society,” said Zarifi.
Freedom of opinion and expression is a right that is affirmed in the Universal Declaration of Human Rights and guaranteed under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC), to both of which Brunei Darussalam is a party. Under international law, any restrictions or limitations must be exceptional, in accordance with the principles of the proportionality and necessity.
The ICJ urged the Government of Brunei to allow free discussion, particular on matters of public importance such as State law and policies and to fully respect the right to freedom of opinion and expression.
Contact:
Emerlynne Gil, ICJ International Legal Adviser for Southeast Asia, t +66 2 619 8477; email: emerlynne.gil(a)icj.org
Craig Knowles, ICJ Media Consultant, t +66 81 9077653; email:craig.knowles(a)icj.org
Feb 6, 2014 | News
The ICJ calls on the Government of Malaysia to stop the execution of death row prisoner Chandran, apparently scheduled to take place on Friday 7 February.
Chandran was convicted for murder and sentenced to death on 16 April 2008.
While the Government of Malaysia has not publicly released the date, according to the Malaysian Bar Council, his execution is planned to take place on 7 February 2014.
Despite the prohibition of mandatory death sentences under international human rights law, the laws in Malaysia maintain the mandatory death sentence for offences such as murder, treason and drug trafficking.
The Malaysian Bar Council, a partner organization of the ICJ, has noted that there have been several instances in the past when the Government of Malaysia indicated that it would review the mandatory death penalty, with a view to its possible abolition or the possible reintroduction of a discretionary death penalty. It has also indicated its intention of reviewing the penalty of death for drug-related offenses.
“Considering prohibition of the mandatory death penalty in international human rights law and the past indications made by the Government of Malaysia that it intends to review the imposition of mandatory death penalty, it is deeply concerning that it still aims to proceed with the execution of Chandran on Friday,” said Sam Zarifi, ICJ Regional Director for Asia and the Pacific.
In October 2013, Malaysia underwent their second Universal Periodic Review where it was urged by several countries to review the mandatory nature of death penalty, maintain a moratorium, and ultimately move to abolish the death penalty.
Malaysia is set to respond to these recommendations in March 2014.
The Malaysian Bar Council estimates that there are approximately 900 prisoners in death row in Malaysia awaiting execution.
The ICJ considers that the use of the death penalty constitutes a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.
In addition to calling a halt to the execution of Chandran, the ICJ urges the Government of Malaysia to amend its laws and take steps towards the abolition of the death penalty in the country, including the implementation of a moratorium.
Contact:
Emerlynne Gil, ICJ International Legal Adviser for Southeast Asia, t +66 2 619 8477; email: emerlynne.gil(a)icj.org
Craig Knowles, ICJ Media Consultant, t +66 81 9077653; email: craig.knowles(a)icj.org
Jan 21, 2014 | News
The ICJ today condemned the imposition of the death penalty on 30 people found guilty of drug trafficking in Viet Nam and urged its government to amend laws and take steps towards abolishing the death penalty.
On 20 January, 21 men and nine women were convicted of drug trafficking following a 17-day trial held within the compound of a detention center rather than in a court.
“Viet Nam has the highest number of executions in the ASEAN,” said Sam Zarifi, ICJ Regional Director for Asia and the Pacific. “This is really of serious concern, especially since its courts have been widely criticized as lacking independence, and judicial proceedings have frequently violated international fair trial standards.”
The ICJ repeatedly has criticized Viet Nam’s violations of Article 14 of the International Covenant on Civil and Political Rights, which guarantees the right to a fair and public hearing by a competent, independent, and impartial tribunal established by law.
Under international law, the death penalty may only be lawfully pronounced as a sentence for the most serious crimes, after a full and fair trial. The imposition of the death penalty in this case — a prosecution for drug trafficking — is inconsistent with international law and standards that define the most serious crimes as those involving the intention to kill and resulting in the loss of life.
“Viet Nam’s failure to abolish the death penalty goes against the global trend,” said Zarifi. “The country has chosen to act contrary to repeated calls in several resolutions adopted by the United Nations General Assembly on the issue.”
According to a report by the Secretary General to the General Assembly in 2012, 150 of the 193 UN member states either have abolished the death penalty or introduced a moratorium on it.
Among member states of the Association of Southeast Asian Nations (ASEAN), the Philippines has ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights (OP2), abolishing the death penalty. Cambodia also has abolished the death penalty. Lao PDR, Myanmar and Brunei have not carried out the death penalty in several years. Aside from Viet Nam, four other ASEAN Member States still retain the death penalty: Malaysia, Singapore, Thailand and Indonesia.
In November 2013, Viet Nam was elected as a member of the UN Human Rights Council.
Sam Zarifi noted, “The recent death sentences handed down in Viet Nam, in violation of international law, suggest a lack of respect for international law at odds with the spirit of a country newly taking its seat at the UN Human Rights Council.”
It is estimated that more than 600 prisoners are now awaiting execution in Viet Nam. It last imposed the death penalty on 19 December 2013 on two former shipping executives found guilty of embezzlement.
The ICJ considers the death penalty a violation of the right to life and the right to be free from cruel, inhuman or degrading treatment.
The ICJ calls on the Government of Viet Nam to immediately establish a moratorium on executions and take steps towards the complete abolition of the death penalty.
CONTACT:
Emerlynne Gil, ICJ International Legal Advisor for Southeast Asia, tel. no. (Bangkok) +66840923575, email: emerlynne.gil(a)icj.org
Craig Knowles, ICJ Media & Communications, (Bangkok), tel.no. +66819077653, email: craig.knowles(a)icj.org
Dec 19, 2013 | News
The ICJ deplores the death sentences handed down by the People’s Court of Hanoi on December 17 to two former shipping executives and urges the government of Viet Nam to desist from carrying out the planned executions.
Viet Nam National Shipping Lines (Vinalines) former chairman Duong Chi Dung and former general director Mai Van Phuc were found guilty of embezzling nearly USD $1 million from the state-owned company and sentenced to death.
“The announced death sentences fly in the face of encouraging human rights developments in Viet Nam, such as the State’s signing the Convention Against Torture and other Cruel Inhuman or Degrading Treatment or Punishment in November,” said Sam Zarifi, ICJ’s regional director for Asia and the Pacific. “This is a major setback at a time when it appeared Viet Nam was making progress towards ending capital punishment.”
The ICJ considers the death penalty to constitute a violation of the right to life and the right to be free from cruel, inhuman or degrading punishment.
Following the Human Rights Council’s Universal Periodic Review in 2009, Viet Nam agreed to revise its legislation on the death penalty in line with the country’s international obligations.
Since then it has reduced the number of crimes punishable by death, and changed its method of administering the sentence from firing squad to injection by lethal substance.
It is estimated that more than 600 people remain on death row in the country. Most were convicted on drug-related offences.
“At present, approximately two thirds of the world’s countries have already either abolished capital punishment or have moratoriums on executions,” said Zarifi. “It is regrettable that Viet Nam has chosen to exclude itself from this global trend.”
The ICJ calls on the Government of Viet Nam to immediately put in place a moratorium on its practice, with a view to abolishing the death penalty, as demanded by the United Nations General Assembly in repeated resolutions on the question.
CONTACT:
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002, e-mail: sam.zarifi(a)icj.org
Craig Knowles, ICJ Media & Communications, (Bangkok), t:+66 819077653, e-mail: craig.knowles(a)icj.org
