Sep 21, 2017 | Events, News
At a side event to the UN Human Rights Council on 22 September, the ICJ will discuss challenges in prevention of, and accountability for, violations of human rights in the US-led rendition system, and in the CIS region.
The event will address as well the challenges of extraditions, expulsions and renditions of national security suspects in CIS and EU countries.
The panel discussion is being held as part of the launch of the ICJ report Transnational Injustices – National Security Transfers and International Law, which analyses recent experiences of national security transfers in the CIS region, and makes recommendations for change based on international human rights law and comparative experiences.
The event will take place at the UN Human Rights Council in Geneva on Friday 22 September at 14:00 – 15:00 at Room no. XXIII.
Panelists:
- Julia Hall, Expert on Counter Terrorism and Human Rights – Amnesty International
- Bartłomiej Jankowski, Lawyer of Guantanamo detainee and rendition victim Abu Zubaydah
- Massimo Frigo, ICJ Legal Adviser
- Irina Urumova, Independent Justice Reform Consultant
Copies of the report in English will be available for the persons attending the meeting.
A flyer for this event is available in PDF format by clicking here.
For more information, contact massimo.frigo(a)icj.org and/or un(a)icj.org
Sep 14, 2017 | Advocacy, Cases, Legal submissions, News
On 13 September, the European Committee of Social Rights decided on the admissibility of the collective complaint submitted by the ICJ and Forum for Human Rights, against the Czech Republic.
The Committee assessed the admissibility conditions set out in the Protocol and the Committee’s Rules and the Government’s objections on admissibility and declared the complaint admissible. The Czech Government has now two months to make written submissions on the merits of the complaint.
The complaint argues that the Czech Republic fails to ensure equal legal protection and participation of children below the age of criminal responsibility in the pre-trial stage of juvenile justice procedures.
The ICJ and FORUM submit that serious systemic flaws in the Czech juvenile justice system deprive a specific group of particularly vulnerable individuals – children below the age of criminal responsibility – of an adequate level of social protection and leave them at risk of inappropriate or unfair procedures leading to arbitrary punitive measures, in violation of Article 17 of the European Social Charter, both alone and read in conjunction with the principle of equality in the preamble to the Charter.
Europe-ECSR-ICJvCzechRepublic-ChildrenJustice-AdmissibilityDecision-2017 (download the Committee’s decision)
Sep 1, 2017 | News
Today the Supreme Court of Kenya took the unprecedented step of voiding the presidential elections held on 8 August 2017 citing the failure by the Independent Electoral and Boundaries Commission (IEBC) to adhere to constitutionally mandated processes.
The ICJ commends the Supreme Court of Kenya for adjudication of a sensitive case at a high professional standards amidst a charged political atmosphere.
The ICJ in partnership with the Africa Judges and Jurists Forum (AJJF) sent a mission of three distinguished judges to observe the proceedings during the presidential petition in Kenya.
The delegation consisted of Retired Chief Justice Earnest Sakala (Zambia), Justice Dingake (Botswana) and Justice Chinhengo (Zimbabwe).
The mission’s observations will be publicized in due course.
Kenya held national elections on 8 August 2017 administered by the IEBC.
The IEBC subsequently announced that Uhuru Kenyatta had won the elections with a 54% majority.
The opposition National Super Alliance Coalition led by Raila Odinga filed an election petition alleging serious irregularities in the tabulation and transmission of the results of the elections and asking the court to nullify the results and order fresh elections.
The Supreme Court heard the election petitition culminating in the decision that was handed down today.
According to the observers, the court conducted the hearing in a manner consistent with the rule of law and that adhered to the Kenyan Constitution and international principles of a fair trial.
The Court gave acted fully as a competent, independent and impartial judicial body.
“The decision taken by the Supreme Court today is precedent setting. It places a cost on the election management body for apparently failing to adhere to constitutional imperatives and the normative framework governing the conduct of elections,” said Arnold Tsunga, Africa Director of the ICJ.
“Elections are a high stakes subject in Kenya, as elsewhere in the world. Previous elections have shown that violence and multiple human rights violations increase during the election period. We therefore encourage the political leaders in Kenya to accept the court’s verdict and to encourage their supporters to exercise maximum restraint and tolerance as the country braces itself for fresh elections,” he added.
Finally the ICJ urges the authorities in Kenya and the IEBC to quickly comply with and implement the court’s judgement.
Contact
Arnold Tsunga, ICJ Director for Africa, t: +27716405926 ; e: arnold.tsunga@icj.org
Jul 27, 2017 | News
Pakistani authorities must implement the United Nations Human Rights Committee recommendations to ensure compliance with Pakistan’s human rights obligations under the International Covenant on Civil and Political Rights (ICCPR), the ICJ said today.
The Human Rights Committee, the treaty-monitoring body that oversees countries’ implementation of and compliance with the ICCPR, reviewed for the first time Pakistan’s human rights record under the Covenant on 11 and 12 July.
It issued its “Concluding Observations”, along with its recommendations, today, on 27 July.
“While it is encouraging to see Pakistan’s increased engagement with United Nations human rights mechanisms in recent years, it is deeply worrying that since ratifying the ICCPR, Pakistan’s human rights situation has worsened in a number of aspects, including with the restoration of the death penalty and the introduction of military trials for civilians,” said Livio Zilli, ICJ’s Senior Legal Adviser and UN Representative.
“It is of the utmost importance for Pakistan to reverse this trend, and make sincere efforts to implement the recommendations made by the Committee,” added Zilli.
The Committee’s recommendations include:
- Ensure the National Commission for Human Rights is able to carry out its mandate independently and effectively;
- Reinstate the moratorium on the death penalty;
- Abolish mandatory death penalty and ensure the death penalty is provided only for the “most serious crimes” involving intentional killing;
- Criminalize enforced disappearance and put an end to the practice of enforced disappearance and secret detention;
- Ensure that all allegations of enforced disappearance and extrajudicial killings are promptly and thoroughly investigated; all perpetrators are prosecuted and punished with penalties commensurate with the gravity of crimes;
- Review legislation relating to the military courts with a view to abrogating their jurisdiction over civilians as well as their authority to impose the death penalty;
- Reform the proceedings of military courts and bring them into full conformity with Articles 14 and 15 of the Covenant to ensure a fair trial;
- Ensure that all elements of the crime of torture are prohibited in accordance with article 7 of the Covenant;
- Repeal all blasphemy laws or amend them in compliance with the strict requirements of the Covenant; and
- Review policies and legislation on registration of international NGOs, including the vague grounds on which registrations can be cancelled.
This is the first time Pakistan’s human rights record is being reviewed by the Human Rights Committee since Pakistan ratified the Covenant in 2010.
Contact:
Livio Zilli, ICJ Senior Legal Advisor and UN Representative (Geneva), e: livio.zilli(a)icj.org
Reema Omer, ICJ International Legal Adviser for Pakistan (Lahore), t: +923214968434; e: reema.omer(a)icj.org
Background:
Pakistan ratified the International Covenant on Civil and Political Rights (ICCPR) in June 2010.
Following ratification/accession, every state party to the ICCPR is required to submit an initial “state report” containing information on the implementation of each provision of the treaty.
Pakistan submitted its initial state report to the Human Rights Committee in October 2015.
In light of the information provided in the State report, as well as information received from civil society, the Human Rights Committee then prepared a List of Issues containing particular issues of concern to the Committee, and asking whatever questions it sees fit in light of those concerns.
The answers provided by the State party to these questions, as well as other information submitted by civil society and others formed the basis of the “review” of the State’s compliance with the treaty, which was carried out on 11 and 12 July by the Human Rights Committee.
During the review, the Committee met with Pakistan’s delegation, headed by Federal Minister for Human Rights, Senator Kamran Michael, who presented answers to the List of Issues and responded to the Committee’s questions.
The Committee’s Concluding Observations issued today are highly authoritative, and highlight the Committee’s concerns and make recommendations to the State on improving the implementation of the ICCPR.
The ICJ made submissions to the Human Rights Committee in relation to the formulation of List of Issues in 2016 and the Review in 2017.
In its submissions, the ICJ raised concern about the inadequate legal framework on torture and other ill-treatment; the continuing practice and impunity for enforced disappearances; the incompatibility of military trials of civilians with the right to a fair trial; the incompatibility of Pakistan’s blasphemy laws with the rights to freedom of religion and belief, expression and fair trial; and the vaguely defined INGO policy.
The Human Rights Committee picked up ICJ’s concerns as its principle matters of concern and recommendations in its Concluding Observations.
Jul 18, 2017 | Advocacy, Analysis briefs, News
The ICJ today called on the Tunisian authorities to adopt and apply procedures for the Specialized Criminal Chambers (SCC) that are clear and comply with international human rights law and standards.
The statement came following a high-level mission to Tunisia from 12 to 15 July 2017 in which the ICJ engaged with senior judicial officials, including the President of the Cassation Court, members of the High Judicial Council, SCC judges, and other stakeholders.
An ICJ analysis, Procedures of the Specialized Criminal Chambers in light of international standards, was published at the end of the mission.
“While the Specialized Criminal Chambers have the potential to contribute to addressing impunity and deliver justice for victims in Tunisia, ambiguity about the procedures to be followed by these Chambers risks undermining their effectiveness,” warned Said Benarbia, Director of the ICJ Middle East and North Africa Programme.
As detailed in the ICJ analysis, the lack of clarity comes in part from the 2013 transitional justice Law, which is seen by many stakeholders as setting up a special regime, separate from the existing criminal justice system.
There is fear that the SCC may decide not to apply the existing ordinary criminal procedures, while at the same time no detailed procedures specific to the SCC have yet been adopted.
The creation of such a gap would risk serious breaches of international standards of fairness and justice.
For example, the 2013 Law seems to give the Truth and Dignity Commission (Instance Vérité et Dignité, IVD) exclusive power to refer cases to the SCC.
However, no procedures specific to the SCC implement the rights of an accused to examine witnesses interviewed by the IVD or to access all documents and evidence collected by the IVD in order to prepare his or her defence, as required by international standards and the ordinary code of criminal procedure.
The 2013 Law also fails to clarify the role of prosecutors and investigating judges in addressing such cases, including by making their own determination in relation to charges, standard of proof, and whether these cases should be brought before the SCC.
“Clarifying the procedures to be applied by the Specialized Criminal Chambers and ensuring their full compliance with international standards, including those relating to fair trial, are a prerequisite to fully establish the truth about human rights violations, hold those responsible to account, and ensure that the proceedings are fair to the victims and accused,” added Benarbia.
The ICJ set out a list of recommendations with a view to assisting the Tunisian authorities in their efforts in achieving these objectives, including by:
- Amending article 42 of the 2013 Law and related provisions to clearly provide victims of gross human rights violations with direct access to the SCC, including when victims did not submit a file to the IVD;
- Amending provisions of the IVD Guides to ensure that the review process and the possibility to challenge IVD’s decisions will apply to decisions not to transfer a case to the SCC and that such review be based on objective criteria for considering gross human rights violations in line with international standards;
- Establishing specialized prosecution services, investigating judges, and judicial police in line with international standards and with adequate resources to work in coordination with the SCC;
- Clarifying the relationship between the SCC and other ordinary criminal chambers and civil and other courts;
- Amending the legal framework to clearly provide that cases investigated by the IVD are to be transferred to specialized prosecutors who are to carry out their functions as defined in the CCP and in line with international standards;
- Ensuring that the IVD’s investigative function complements the role of the specialized judicial institutions in charge of the investigation and prosecution; and
- Amending the CCP and ensuring that any related provision of any other procedures adopted for the SCC fully respect fair trial guarantees.
Contact
Theo Boutruche, Legal Adviser of the ICJ Middle East and North Africa Programme, tel: +33 642837354, e-mail: theo.boutruche(a)icj.org
Tunisia-Memo on SCC Procedures-Advocacy-Analysis Brief-2017-ENG (full memo in English, PDF)
Tunisia-SCC procedures memo-News-2017-ARA (full story in Arabic, PDF)
Tunisia-Memo on SCC Procedures-Advocacy-Analysis Brief-2017-ARA (full memo in Arabic, PDF)
