May 4, 2019 | News
The ICJ concluded a research mission on the independence of the judiciary in Tajikistan on 3 May. Following the mission, the ICJ expressed concerns about the independence of individual judges as well as the functioning of judicial institutions and procedures in law and in practice.
The mission included ICJ Commissioner Justice (ret.) Martine Comte of the Orleans Court of Appeal (France) and ICJ Secretary General Saman Zia-Zarifi.
The ICJ spoke with a wide cross-section of stakeholders, including senior government officials, numerous former judges, senior advocates and working lawyers, as well as journalists and members of civil society. The ICJ will provide its findings in a final mission report that will set out include key recommendations to help Tajikistan meet its international obligations.
Among other things, the ICJ mission discussed recent initiatives to reform the judiciary, including the Judicial Reform Programme of 2019-2021 which has been recently been adopted by the President of Tajikistan, and which provides an opportunity to strengthen judicial independence.
The ICJ mission gathered information about the newly formed Qualification Commission for qualification and disciplinary procedures for judges. This replaced the Council of Justice, which had been criticized by international observers for its lack of independence.
Although formally established under the Supreme Court, the Qualification Commission consists predominantly of members of the executive with only two out of seven members being representatives of the judiciary.
Multiple lawyers and former judges expressed serious concerns about the right to a fair trial in criminal proceedings, pointing in particular to the extremely low acquittal rate for suspects. It appears that numbers of acquittals have declined over several decades and that acquittals are now extremely rare.
The ICJ also received complaints that pubic access to court hearings is impeded in practice despite clear legal provision for the public nature of court proceedings, with limited exceptions. Members of the public were said to be generally unable to attend court hearings freely where they are not parties to the proceedings.
Furthermore, the ICJ heard that judicial decisions are generally not available to members of the public unless they are participants in the proceedings.
The ICJ wishes to express its gratitude to everyone who contributed to the successful conduct of the mission, including State, inter-State and non-State organisations and bodies which the ICJ met and communicated with.
The ICJ wishes to stress its appreciation of the support provided by the OSCE Office in Dushanbe and the United Nationals Human Rights Office.
May 18, 2015 | News
From 18 to 22 May, the ICJ will carry out a mission to the Russian Federation to examine questions related to the independence and integrity of the legal profession, access to an independent lawyer and the right to an effective defence.
The mission will address the role of Bar Associations in protecting the independence of lawyers, as well as obstacles faced by individual lawyers in protecting the rights of their clients.
The ICJ mission, led by Wilder Tyler, the ICJ Secretary General, will hold meetings with leading Russian experts in the field.
The mission will also meet with the representatives of the Federal Chamber of Lawyers, government officials, and independent lawyers and will take part in two round table discussion with legal scholars and practicing lawyers.
A comprehensive report analyzing the main findings will follow the mission and will present recommendations for reform of law and practice in light of international law and standards on the role of lawyers.
Contact:
Róisín Pillay, Director, Europe Programme, roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, Europe Programme, temur.shakirov(a)icj.org
May 10, 2015 | News
From 11-15 May 2015, the mission will meet with a variety of stakeholders, including officials in the executive, the Ministry of Justice, the judiciary, members of Parliament, the legal profession, media, political analysts and civil society.
The International Fact Finding Mission in Swaziland (IFFM-SZ) is led by the ICJ, in collaboration with the Africa Judges and Jurists Forum (AJJF), Judges for Judges Netherlands (J4J) and the Commonwealth Magistrates’ and Judges’ Association (CMJA).
The mission aims, among other things, to:
- Assess the domestic legal framework (constitutional, legislative and administrative) and practice as it pertains to the independence of the judiciary and the legal profession in Swaziland;
- Identify obstacles posed – legal, structural, and practical – by the state of the independence of the judiciary to the capacity of the judiciary to fairly administer justice, including in relation to the protection of human rights;
- Gather information on and assess the relations between the critical stakeholders in the justice delivery chain;
- Gather information and assess the operations of the Chief Justice’s office in key delivery areas, such as the case management system (including the allocation and tracking of cases);
- Consider practice directives on administration of justice;
- Evaluate systems and practices for the appointment and disciplining of judicial officers and support staff;
- Assess whether an adequate programme of continuous legal education is in place for judicial officers; uphold the institutional and individual independence of the judiciary; and
- Assess the availability of access to justice.
The mission will rely on international human rights law and standards.
After the completion of the field meetings and interviews, ICJ will release a report detailing its findings and recommendations directed to key stakeholders for their consideration and implementation.
The ICJ is committed to supporting all stakeholders in strengthening the independence of the judiciary, the legal profession and observance of the rule of law in Swaziland.
The mission comes against the background of a number of recent developments of concern for the independence and accountability of the judiciary in the country.
Read also:
Swaziland: arrest of judges raises serious concerns
Leading legal voice intervene at UN level in the case of detained Swazi lawyer Thulani Maseko
Additional information:
The mission team is composed of Judge Moses Chinhengo (of Ruwa, Harare, Zimbabwe, retired High Court Judge Botswana and Zimbabwe; ICJ Commissioner; Interim Chair AJJF, Head of the IFFM-SZ) ; Judge Charles Mkandawire (of Lilongwe, Malawi, High Court Malawi; ICJ Commissioner; Regional President-CMJA and member of the IFFM-SZ) ; Judge Oagile Dingake (of Gaborone, Botswana, Professor of Public Law at University of Cape Town, Judge Residual Special Court of Sierra Leone, Judge High Court Botswana; member of the IFFM-SZ) ; and Judge Tamara Trotman (of The Hague, Netherlands, Judge of Court of Appeal in The Hague, Chair Judges for Judges, member of the IFFM-SZ).
The judges are supported by technical staff: Laurens Hueting (Legal Adviser, ICJ-Centre for Independence of Judges and Lawyers), Otto Saki (Senior Legal Adviser, ICJ-Africa Regional Programme) and Justice Mavedzenge (ICJ Consultant and University of Cape Town PhD Candidate and Rapporteur).
Contact:
Arnold Tsunga, Director, ICJ Africa Regional Programme Director, t: +27731318411 ; e: arnold.tsunga(a)icj.org
Picture by Darron Raw
May 13, 2014 | News
An ICJ Mission to assess the respect of social rights in the Peruvian agro-export industry concluded a field visit to the country with bleak preliminary conclusions.
The Mission of observers, which included Philippe Texier and lawyers Alberto L. Gomez Z. and Carlos Lopez, focused their assessment in the Valley of Ica, south of Lima. On Wednesday 7 May, the Mission shared their visit conclusions with the Sub-committee on Labour and Social Security of the Peruvian Parliament.
Philippe Texier, former judge at the Court of Cassation of France and former chair of the UN Committee on Economic, Social and Cultural Rights, told the Parliamentary Sub-committee that conditions of work in the agroexport industry are precarious, allow cases of child labour and fall generally short of international standards accepted by Peru through international conventions.
The final report of the Mission panel will be released at a later stage after additional research and consultation is carried out.
While in Peru, the panel held meetings in Lima and in Ica with a wide range of trade unions, labour and health authorities, local NGOs, experts, individual workers and even working children.
The experts also paid visits to the field to see workers and children, were interviewed by IDL Radio and made a presentation of preliminary conclusions to the Parliamentary Sub-Committee on Labour and Social Security.
The agro-export industry in Peru mainly produces asparagus, mangoes, avocado pears, paprika and grapes, most of which is exported to Europe and North America.
It has experienced exponential growth during the last decade, where important national and international investments were made in this industry.However, economic growth has not been matched with improvements in social conditions of workers and the local population.
Contact:
Carlos Lopez, Director, Business and Human Rights, carlos.lopez(a)icj.org +41 22 979 3816
Apr 28, 2014 | News
The ICJ and other rights groups today demanded the Royal Thai Government carry out a thorough and impartial investigation into the “disappearance” of Pholachi “Billy” Rakchongcharoen.
