Jun 30, 2015 | News
The ICJ welcomes the decision of the Supreme Court of Swaziland to uphold the appeal of imprisoned human rights defenders Thulani Maseko and Bheki Makhubu and ordering their immediate release.
“The decision marks a victory for the rule of law in Swaziland,” said ICJ Secretary-General Wilder Tayler. “We hope that this is but the first of many steps to come in restoring the integrity of the courts and reinforcing the respect for the rule of law that has undergone so much erosion in recent years.”
The ICJ considers that while the release of the two men is a necessary step for justice for the two men, alone it is not enough.
The government of Swaziland should ensure adequate reparation for their wrongful imprisonment.
More broadly, it must engage in legal and structural reforms necessary to ensure the fair and effective administration of justice, the independence of the judiciary and respect for human rights in the country.
Thulani Maseko and Bheki Makhubu were arrested on 17 March 2014 under contempt of court charges for having written articles criticizing the manner in which the then Chief Justice (CJ), Michael Ramodibedi, had handled the case of another defendant, Bhantshana Gwebu.
Mr. Gwebu had been arraigned before the CJ without legal representation, charge sheet or being informed of his rights to apply for bail.
The trial of Thulani Maseko and Bheki Makhubu was riddled with violations of basic due and fair trial principles, as affirmed by the UN Working Group on Arbitrary Detention (WGAD), which ruled on a complaint in Thulani Maseko’s case.
Background
The trial of Thulani Maseko and Bheki Makhubu resulted in their conviction and a two-year prison sentence It was improperly conducted before a presiding judge, Mpendulo Simelane, who was a potential witness and had a direct interest in the case.
They had been in custody since their arrest, save for a three-day release in June 2014, and were due for final release on the 17 July 2015.
The ICJ has previously issued a number of statements after conviction by the High Court, underscoring that the prosecution and trial Court’s judgment had constituted a breach of Swaziland’s obligations to respect the rights to freedom of expression and fair trial.
The UN WGAD opinion issued on 22 April 2015 held that the deprivation of liberty of the accused was arbitrary and in contravention of the Universal Declaration of Human Rights and Swaziland’s obligations under the International Covenant on Civil and Political Rights (ICCPR).
The WGAD also emphasized that Swaziland should release the accused and facilitate the enforceable right to compensation in accordance with article 9 of the ICCPR.
In the appeal hearing yesterday, the Crown conceded most of the legal arguments by defence counsel and in particular that Judge Simelane ought to have recused himself from presiding over the case.
The Supreme Court’s written judgment is expected to be issued at the end of the session of its sitting.
Read also:
Swaziland: ICJ condemns the harsh prison term imposed on Thulani Maseko and Bheki Makhubu
Swaziland: ICJ condemns the conviction of celebrated human rights lawyer and prominent journalist on charges of contempt of court
Swaziland: ICJ concerned at detention of human rights lawyer and journalist
American Bar Association’s statement
Contact:
Arnold Tsunga, Director, ICJ Africa Regional Programme, t +27 716 405 926 or +41 76 239 90 32 e: arnold.tsunga(a)icj.org
Matt Pollard, Senior Legal Adviser, ICJ’s Centre for the Independence of Judges and Lawyers, t: +41 22 979 38 12, e: matt.pollard(a)icj.org
May 15, 2015 | News
Concluding a five-day mission today, an International Fact-Finding team of the ICJ observed that there are serious structural deficiencies in Swaziland’s justice system that need to be addressed systematically and in a structured way to ensure the country meet core rule of law principles.
The mission was conducted in collaboration with the Africa Judges and Jurists Forum, Judges for Judges (the Netherlands) and the Commonwealth Magistrates’ and Judges’ Association, with the aim to assess the state of independence of the judiciary and administration of justice in the country.
“Current developments are merely the symptoms of a systemic crisis,” said Mission leader retired Judge Chinhengo of Zimbabwe.
“There is a need for officials from all branches of government to adhere to the rule of law. The effect of denied justice and in Swaziland has made many victims. Its effect on the community has been devastating, as it has served to undermine respect for human rights and trust in the judiciary to act as a check on the other branches of the State,” he added.
The decision to convene the International Fact-Finding Mission coincided with highly troubling recent events, including the arrest of Judges Simelane and Annandale, Registrar Nhlabatsi and former Minister of Justice Shongwe, and the continuing stand-off between suspended Chief Justice Ramodibedi and governmental authorities.
The Mission was also deeply concerned by the emblematic cases of the unfair dismissal of Judge Thomas Masuku in 2011 as well as the unfair trial and subsequent arbitrary detention of journalist Bheki Makhubu and lawyer Thulani Maseko (photo, on the right) in 2014.
The mission noted these developments were the culmination of a longstanding and deep-rooted systemic challenge that has to be adressed.
During its visit, from 11 to 15 May, the Mission met with key stakeholders in the administration of justice in Swaziland, including the Prime Minister and the acting Attorney General, the acting Chief Justice, the suspended Chief Justice and other members of the judiciary, and representatives of the Law Society and leading civil society actors.
The International Fact-Finding Mission will release a report with its observations and recommendations to the Swaziland authorities and the international community, providing concrete advice on strengthening the rule of law in the Kingdom.
Contact:
Arnold Tsunga, Director, ICJ Africa Regional Programme, t: +27 11 024 8268 or +27 73 131 8411: e: arnold.tsunga(a)icj.org,
Apr 24, 2015 | News
The ICJ today called on the Egyptian authorities to ensure a prompt, impartial and effective investigation into the deaths of two lawyers, Imam Afifi and Karim Hamdi, who recently died while in police custody in Mataria police station.
The ICJ is deeply concerned that the deaths of Imam Afifi and Karim Hamdi while in police custody are part of a widespread and sustained campaign targeting hundreds of lawyers since 2013, including those defending political opponents of the regime and human rights activists, as well as lawyers exercising their rights to freedom of assembly and expression.
“The Egyptian authorities must effectively investigate and prosecute all those responsible for the alleged torture and death of Imam Afifi and Karim Hamdi while in police custody and must hold accountable any person responsible for wrongful conduct ,” said Said Benarbia, Director of the ICJ MENA Programme.
“The authorities must bring an end to their ongoing campaign of harassing and persecuting lawyers, including arbitrary arrests and prosecutions, for simply discharging their professional duties or for speaking out against human rights violations,” he added.
Under international standards, lawyers should be able to carry out their professional duties free from hindrance, intimidation, harassment or interference, says the ICJ.
They should not be identified with their clients or their clients’ causes or subject to arbitrary arrest and prosecutions as a result of the discharge of their functions.
Background:
On 10 April, Imam Afifi, a 63-year old lawyer, was assaulted and arrested in the Mataria neighborhood where a demonstration was taking place against the government.
He was detained in Mataria police station where he was allegedly subjected to torture, including a severe beating to his head.
On 11 April, he was transferred from the police station to Mataria hospital.
A medical report from the same day, to which the ICJ had access, indicates that Imam Afifi was admitted to the hospital with a massive trauma to the head. He died in hospital on 22 April.
On 22 February, another lawyer, Karim Hamdi, was arrested and questioned on suspicion of belonging to the Muslim Brotherhood, membership of which has been outlawed, and participating in an unauthorized demonstration against the government.
While in police custody in Mataria police station, he was reportedly severely beaten on his neck, chest and abdomen. He died two days later after being transferred to hospital.
Following a complaint by the Bar Association to the prosecutor’s office, two members of the National Security Agency were charged with torturing and murdering Karim Hamdi.
Additional information:
According to information available to the ICJ, attacks against lawyers since 2013 include the following:
On 23 April 2015, six lawyers were summoned for interrogation in relation to their participation in a demonstration on 9 March to protest against the death of Mr Karim Hamdi.
The lawyers also challenged the prosecutor’s decision to prohibit anyone from reporting on the investigation into Mr Hamdi’s case.
On 23 March 2015, human rights lawyer, Azza Soliman, was charged with breaching public order and security under the 2013 Demonstration Law after voluntarily providing testimony against police involved in the killing of Social People’s Alliance party activist, Shaimaa El Sabbagh, on 24 January 2015.
The Qasr El Nile Prosecution Office in Cairo subsequently changed her status from witness to defendant.
On 9 February 2015, a human rights lawyer, Ms Mahienour El Massry, was sentenced to two years imprisonment after she attended the El-Ramel police station in Alexandria, in March 2013, in order to defend demonstrators.
The charges against her included “insulting government employees in the performance of their duties”, “insulting representatives of the authorities” and “attempting to break into a police station”.
Three lawyers, Basma Zahran, Mahmoud Bilal and Oussama Al Mahdi, were referred for investigation, on 3 September 2014, for “disrupting and causing trouble” during trial proceedings for insisting that their client, the human rights activist Ahmed Douma, seated in a sound-proof glass cage, should be heard.
On 5 July 2013, Abdel Men’em Abdel Maqsoud was arrested while attempting to attend the interrogation of his clients, deputy Secretary General of the Muslim Brotherhood, Rachad Bayoumi, and Mohamed Saad Al Katanah.
He was detained before being released on bail on 2 September 2014.
Contact:
Alice Goodenough, Legal Adviser of the ICJ Middle East and North Africa Programme, t: 44 7815 570 834, e: alice.goodenough(a)icj.org
Nader Diab, Associate Legal Adviser of the ICJ Middle East and North Africa Programme, t: 41 229 793 804, e: nader.diab(a)icj.org
Egypt-Deaths of lawyers-News-Press release-2015-ARA (full text of Arabic version in PDF)
Apr 14, 2015 | News
The ICJ is deeply concerned over the decision of the High Judicial Council and the President of the Cairo Court of Appeal to investigate two judges with a view to referring them to the disciplinary Council.
Media reports have indicated that Assem Abdel Jabar, deputy president of the Cassation Court, and Hicham Raouf, a judge in Cairo’s Appeal Court, are being investigated over their individual participation, together with other leading lawyers and legal experts, in a workshop organized by an Egyptian organization, United Group, to discuss and propose new legislation on the prevention of torture.
According to information available to the ICJ, the two judges have so far not been formally notified of any charges against them and have received no information about the allegations on which they are based.
The actions against these judges continue a pattern of intimidation and attempted silencing of judges who are seen by authorities as not aligning themselves with government objectives.
The apparent investigation is only the latest in a string of cases where judges have been subject to arbitrary disciplinary proceedings for legitimately exercising their rights to freedom of expression and assembly.
On 14 March 2015, the Disciplinary Council forced 31 judges into retirement for signing a statement, on 24 July 2013, which criticized the “attack on the constitutional legitimacy and the ouster of the legitimate president that was elected”.
The disciplinary proceedings against these judges were marred with violations of due process rights.
The judges were not adequately informed of the date and location of the hearings, defence witnesses were not called and requests by the judges that the hearings be public were disregarded.
On 4 April 2015, a disciplinary hearing took place against Zakaria Abdelaziz, former president of Egypt’s Judges Club and one of the leading advocates for judicial independence in Egypt.
The charges alleged “involvement in politics” and “breaking into the State Security Building during a demonstration on 5 March 2011”.
According to information available to the ICJ, the case files were not made available to Zakaria Abdeaziz until the first hearing despite repeated requests to obtain them.
Under international human rights law and standards, judges are guaranteed the right to freedom of belief, association, assembly and expression, including by commenting on matters of public concern and matters pertaining to the rule of law and human rights situation in a country.
“Instead of subjecting judges to arbitrary proceedings for lawfully exercising their rights, the Egyptian authorities should stop its sustained campaign to muzzle judges who are seen as not friendly to the authorities,“ said Said Benarbia, Director of the ICJ MENA programme. “The Egyptian authorities must reinstate all judges who were removed from office solely for exercising their rights to freedom of expression and assembly and drop all charges against those currently subject to disciplinary proceedings for charges stemming from the exercise of these rights.”
Contact:
Alice Goodenough, Legal Adviser of the ICJ Middle East and North Africa Programme, t: +44 7815 570 834, e-mail: alice.goodenough(a)icj.org
Nader Diab, Associate Legal Adviser of the ICJ Middle East and North Africa Programme, t: +41 229 793 804, e-mail: nader.diab(a)icj.org
Egypt-Judges harassed-News-web story-2015-ARA (full text in PDF)
Apr 7, 2015 | News
Venezuela is intimidating and harassing human rights defenders, and making unsubstantiated allegations that they are seeking to undermine Venezuelan democracy, 28 international and Latin American human rights organizations, including the ICJ, said today.
The authorities’ allegations concern the groups’ legitimate functions of documenting abuses and representing victims before international human rights bodies.
Venezuelan authorities should cease this tactic immediately, the groups said.
Governments participating in the Summit of the Americas in Panama on April 10-11, 2015, should press the administration of Nicolás Maduro to ensure that human rights defenders can do their job without fear of reprisals, the organizations said.
The government harassment is clearly intended to discredit and intimidate groups that document human rights violations, the groups said.
On February 12, Diosdado Cabello, president of the National Assembly and member of the governing party, stated on the website of his weekly TV show, Con el Mazo Dando, aired on the state-run Venezolana de Televisión, that “NGO representatives from the Venezuelan extreme right” would participate in hearings before the Inter-American Commission on Human Rights (IACHR) in March.
Cabello had previously criticized Venezuelan human rights defenders who participated in the country’s review by the UN Committee Against Torture in Geneva, or traveled abroad to conduct advocacy meetings.
On March 18, during his show, Cabello read a list of names of individuals and organizations who had traveled to Washington, DC, to participate in the IACHR hearings.
The list included leading human rights groups such as Provea, Espacio Público (Public Space), Observatorio Venezolano de Prisiones (Venezuelan Observatory of Prisons), Transparencia Venezuela (Transparency Venezuela), Cofavic, Codevida, and Observatorio Venezolano de Conflictividad Social (Venezuelan Observatory of Social Conflicts).
Cabello accused them of receiving instructions from the US Embassy in Caracas before traveling to the hearings.
Cabello contends that the information presented on the show had been provided by anonymous “patriotic informants” (patriotas cooperantes).
Twelve human rights defenders who arrived in Caracas on various flights between March 20 and 22 have said that they were followed by unidentified men from when they landed until they left the airport, were filmed or photographed, and/or that officials irregularly searched their bags.
On March 23, María Alejandra Díaz, a lawyer who represented the government at the IACHR hearings, said on Venezolana de Televisión that “The issue of human rights is just a façade” and that nongovernmental groups that participated in the hearings “say they are Venezuelan” but “play the imperialist game” and “lie in front of the IACHR to make Venezuela look like the devil.”
An article published on April 3 in the official newspaper Correo del Orinoco accused two well-respected human rights defenders of being part of the US Central Intelligence Agency’s “Venezuelan delegation” at the Summit of the Americas.
Their objective is to “legitimize destabilization actions” in Venezuela, the article says.
Under international law, governments must ensure that human rights defenders are allowed to pursue their legitimiate activities without reprisals, threats, intimidation, harassment, discrimination, or unnecessary legal obstacles.
The Inter-American Court of Human Rights held in 2003 that “[r]espect for human rights in a democratic state depends largely on human rights defenders enjoying effective and adequate guarantees so as to freely go about their activities.”
The rights to freedom of expression and association may be subject to limitations, but the limitations must adhere to strict standards so that they do not improperly impede the exercise of those rights. Any restrictions should be prescribed by law, be necessary in a democratic society, and proportionate to the aim pursued.
In 2012, the UN special rapporteur on the rights to freedom of peaceful assembly and of association called on countries to ensure that these rights “are enjoyed by everyone and any registered or unregistered entities” and that no one is subject to “harassment, persecution, intimidation or reprisals” for exercising them.
Signatories
Amnesty International
Asociación Pro Derechos Humanos (APRODEH) (Peru)
Asociación por los Derechos Civiles (ADC) (Argentina)
Centro de Derechos Humanos de la Montaña Tlachinollan (Mexico)
Centro de Derechos Humanos Miguel Agustín Pro Juárez, A.C. (Centro Prodh) (Mexico)
Centro de Estudios de Derecho, Justicia y Sociedad (Dejusticia) (Colombia)
Center for Justice and International Law (CEJIL)
CIVICUS
Ciudadanos en Apoyo a los Derechos Humanos, A.C. (CADHAC) (Mexico)
Comisión Colombiana de Juristas (Colombia)
Comisión Ecuménica de Derechos Humanos (CEDHU) (Ecuador)
Corporación Humanas (Chile)
Coordinadora Nacional de Derechos Humanos (Peru)
Due Process of Law Foundation (DPLF)
Instituto de Estudios Legales y Sociales del Uruguay (IELSUR) (Uruguay)
Instituto de Defensa Legal (IDL) (Peru)
Instituto de Desenvolvimento e Direitos Humanos (Brazil)
International Commission of Jurists
International Federation for Human Rights (FIDH)
International Service for Human Rights (ISHR)
Frontline Defenders
Fundación Myrna Mack (Guatemala)
Fundación Regional de Asesoría en Derechos Humanos (INREDH) (Ecuador)
Human Rights Watch
Observatorio Ciudadano (Chile)
Robert F. Kennedy Center for Justice & Human Rights
Transparency International
World Organization Against Torture
Venezuela-Harassment of HRDs-News-web stories-2015-SPA (full text in PDF, Spanish version)
Venezuela-Harassment of HRDs-News-web stories-2015-POR (full text in PDF, Portuguese version)
