Jun 25, 2019 | Advocacy, Non-legal submissions
Speaking at the UN Human Rights Council in a general debate on the oral update of the High Commissioner for Human Rights, the ICJ addressed issues around “foreign fighters”, criminalisation of solidarity with migrants, and the need for international investigation of violations in the Philippines.
The statement was as follows (check against delivery):
“The International Commission of Jurists (ICJ) thanks the High Commissioner for her oral update.
The ICJ agrees that accountability for crimes under international law committed by foreign fighters is essential; equally, it must be ensured through fair procedures. Where children are concerned, their best interests must be the guiding principle. [To the extent foreign fighters are addressed in relation to counter-terrorism measures, ICJ emphasizes that not only is disregard for human rights in countering terrorism wrong and unlawful in itself, it is also ineffective and indeed itself conducive to terrorism.]
The ICJ is also concerned at the criminalisation of solidarity with migrants in Europe and elsewhere. No one should be penalised for supporting human rights, including those that States fail to uphold. On Thursday, together with the OHCHR and the Geneva Bar Association, ICJ will screen a documentary in Room XIV, the UN Cinema, showing the impact of criminalization of solidarity.
The ICJ supports calls by the High Commissioner and Special Procedures for urgent action by the Human Rights Council on the Philippines. Adoption of a resolution at the current session to establish an independent international investigation is essential.
The huge number of killings in the name of countering drugs is part of a broader pattern of impunity. For instance, at least 39 lawyers have also been killed under the current administration, some of whom were representing victims of human rights violations. A fully independent national commission of inquiry and measures actually to bring perpetrators to justice are also needed to end the pervasive culture of impunity.”
Apr 27, 2017 | News
An expert meeting organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) in Warsaw focused on the human rights-compliant implementation of legislation and policies to counter the foreign terrorist fighter phenomenon. The ICJ partnered in the event.
The two-day meeting (25-26 April) brought together 21 participants (11 men and 10 women) – including experts from international and national organizations, civil society, academia and OSCE staff – to reflect on experiences and human rights challenges in responses aimed at countering the threat posed by foreign terrorist fighters.
“Human rights compliance is essential both for the short and the long-term effectiveness of any measure to address the phenomenon,” said Omer Fisher, Head of the ODIHR Human Rights Department. “Jeopardizing human rights protection in the course of responding to the threat will not solve, but rather exacerbate the problem, because human rights violations provide fertile ground in which terrorism can thrive.”
Over the past few years, OSCE participating States have taken a wide range of administrative and criminal law measures to prevent the movement of terrorists or terrorist groups, to suppress the provision of support for them, and to counter the incitement and recruitment of foreign terrorist fighters.
“Broadly defined criminal offences and administrative measures based on vague definitions – including of terrorism and related offences – are open to abusive, arbitrary or discriminatory application,” said Róisín Pillay, Director of the Europe Programme of the ICJ.
“Legislation criminalizing acts such as travel for the purpose of terrorism must, therefore, be narrowly defined, clear and accessible, and provide for appropriate legal and procedural safeguards,” she added.
The expert meeting will inform a policy guidance document, which ODIHR will prepare in the coming months to assist OSCE participating States in the human rights-compliant and gender sensitive implementation of legislation and policies to address the phenomenon of foreign terrorist fighters.
Apr 26, 2017 | News
The ICJ today condemned the conviction and sentencing of Siti Noor Aishah Atam for possessing twelve books allegedly associated with terrorist groups, an act which is criminal under Malaysia’s Penal Code.
The ICJ calls for her immediate release from detention and for the authorities to take steps to quash or reverse her conviction.
The Kuala Lumpur High Court found Siti Noor Aishah Atam guilty under Section 130JB(1)(a) of the Penal Code which prohibits any “possession, custody or control of any item associated with any terrorist group or the commission of a terrorist act” and sentenced her to five years of imprisonment.
Siti Noor Aishah Atam contended that she was using the supposedly proscribed books for her thesis as a graduate student at Universiti Malaya, where she majored in Islamic Studies.
The High Court indicated, however, that they were applying the standard of strict liability to this case, meaning that the particular reason a person may have of possessing the books should not be taken into account.
If a person is found to have these books in their possession, for whatever reason, he or she will be penalized under the provision.
“The prosecution and conviction of Siti Noor Aishah Atam by Malaysian authorities is a violation of her right to freedom of expression, which includes the right to seek, receive, and impart information,” said Emerlynne Gil, ICJ’s Senior International Legal Adviser for Southeast Asia.
The ICJ notes that while the right to freedom of expression is not absolute, any restriction must be provided by law and be strictly necessary for a limited number of purposes, such as national security.
Any restriction must also be formulated with sufficient precision to enable an individual to regulate his or her conduct accordingly.
“The law under which Siti Noor Aishah Atam had been convicted is overly vague, since nobody would know what books or other material would be impermissible. The law is also certainly overbroad – having the effect of preventing potentially important academic research,” said Gil.
The twelve books found in the possession of Siti Noor Aishah Atam have not been specifically banned by the Malaysian government.
Indeed, these books may easily be bought at any number of bookstores in the country.
This unjust verdict illustrates the need for urgent legal reform, including the repeal or modification of Section 130JB(1)(a) of the Penal Code.
The ICJ also noted with profound concern that Siti Noor Aishah Atam has been subjected to prolonged detention under multiple laws, namely the Security Offences (Special Measures) Act 2012 (SOSMA) and Prevention of Crime Act 1959 (POCA).
“The Malaysian authorities appear to be abusing SOSMA and POCA by invoking them alternately to keep Siti Noor Aishah Atam in detention. This constitutes a denial of her right to be free from arbitrary detention,” Gil said.
The ICJ had previously called for the abolition of SOSMA, POCA, and similarly abusive laws.
Contact:
Emerlynne Gil, ICJ’s Senior International Legal Adviser, t: +66 840923575 ; e: emerlynne.gil(a)icj.org
Background
Siti Noor Aishah Atam is a former graduate student at Universiti Malaya, majoring in Usuluddin (Akidah) or Islamic Studies.
On 22 March 2016, the police raided the residence of Siti Noor Aishah Atam and arrested her.
She was taken into custody and detained for 28 days under SOSMA at an undisclosed detention facility while her trial was ongoing.
On 25 July 2016, she pleaded not guilty and stated that the books were used for her thesis on terrorism.
On 29 September 2016, the Kuala Lumpur High Court acquitted Siti Noor Aishah Atam.
The High Court had pointed to the Ministry of Home Affairs’ failure to ban the twelve books as one of the key reasons behind the acquittal.
On the day of her acquittal, she was again arrested and detained under POCA for 60 days and was subsequently ordered to be put under house arrest for two years.
In March 2017, the prosecution appealed the High Court’s decision. This allowed authorities to subject Siti Noor Aishah Atam to continued remand under SOSMA.
She was then detained in Kajang Prison until her conviction and sentencing today.
Mar 19, 2015 | Advocacy, Legal submissions, News
The ICJ and Amnesty International have presented a submission on the draft of an Additional Protocol supplementing the Council of Europe Convention on the Prevention of Terrorism.
In their submission, the ICJ and AI outlined before the Committee on Foreign Terrorist Fighters and Related Issues (COD-CTE) of the Council of Europe the general principles of human rights law related to the issue of foreign fighters and the implementation of Security Council resolution 2178(2014) and made observations on the draft criminal offences contained in the draft protocol.
The submission outlines positions and concerns with relation to:
- The lack of definition of central concepts like “terrorism”, “terrorist acts”, and “foreign fighters”
- The risk of introducing criminal offences lacking the clarity, accessibility and foreseeability required by the principle of legality
- The risk of conflation of of different legal regimes, notably of international humanitarian law and ordinary criminal law
- The need to investigate and prosecute existing crimes under international law
- The need to ensure that any criminalisation of acts or omissions must have a close connection to the commission of the principal criminal offence, with a real risk that such a principal criminal act would in fact take place
- Specific comments on the draft offences of participation in an association or group for the purpose of terrorism; receiving training for terrorism; travelling abroad for the purpose of terrorism; funding travelling abroad for the purpose of terrorism; organizing or otherwise facilitating travelling abroad for the purpose of terrorism.
CouncilofEurope-Submission-ForeignFighters-Advocacy-Legal Submission-2015-ENG (download the observations)
