Sep 2, 2018 | News
On 1 and 2 September, the ICJ held a “Workshop on the Independence of the Judiciary in the Context of the Inquisitorial Judicial System in Thailand” for members of the Thai judiciary in the north of the country.
Some 31 judges from 21 courts and the Administrative Office of the Court of Justice, Region V, attended the workshop, which was held in Chiang Mai.
The objective of the workshop was to discuss the role of judges and exercise of judicial power within the inquisitorial system, particularly in the context of adjudicating cases of human trafficking.
In an effort to combat human trafficking in Thailand, the Procedures for Human Trafficking Cases Act B.E. 2559 (2016) established inquisitorial system procedures for adjudication of cases of human trafficking.
With an increasing number of cases of human trafficking in Northern Thailand, judges in Northern Thailand are increasingly required to utilize inquisitorial processes in human trafficking cases.
Courts in Thailand generally adjudicate cases based on the adversarial judicial system.
In this context, the ICJ held the workshop in collaboration with the Administrative Office of the Court of Justice, Region V, in the North of Thailand, to share information and expand collaboration between Thai and international judges about inquisitorial processes.
Justice Aree Thecharuwichit, Chief Justice of the Office of the Chief Justice, Region V, Frederick Rawski, Regional Director of ICJ Asia and the Pacific, and Justice Radmila Dragicevic-Dicic, Vice-President of the ICJ, ICJ Commissioner, Acting President of the Belgrade Court of Appeals and Judge of the Supreme Court of Serbia delivered opening statements at the Workshop.
Justice Sittipong Tanyaponprach, Chief Judge of the Office of the Chief Justice, Region I, spoke about existing procedures in Thailand’s justice system to deal with human trafficking cases under the Procedures for Human Trafficking Cases Act 2016.
Justice Marcel Lemonde, Honorary President of Chamber in France’s Court of Appeal and an International Consultant in Judicial Matters, delivered an introduction to the inquisitorial system based on the French judicial system and spoke about existing challenges in inquisitorial processes.
Justice Radmila Dragicevic-Dicic, of the Supreme Court of Serbia and ICJ Vice-President spoke about judicial practice in cases involving human trafficking and shared her experience in adjudicating human trafficking cases in Serbia.
ICJ’s Senior Legal Adviser Kingsley Abbott moderated the workshop and provided an introduction to the ICJ’s resource materials on the independence of the judiciary and judicial accountability, including the ICJ’s Practitioners’ Guide No. 13 on Judicial Accountability.
The ICJ ended the Workshop with a statement reiterating its commitment towards working with Thailand’s judiciary to strengthen the rule of law and administration of justice in Thailand.
This Workshop is the second workshop held by the ICJ for Thailand’s judiciary in the North of Thailand.
Nov 25, 2016 | Multimedia items, News, Video clips
The ICJ has launched a new women’s rights defenders profile series, beginning with ICJ Commissioner and Justice of the Supreme Court of Serbia, Radmila Dragicevic-Dicic.
The monthly profile series, introducing the work of ICJ Commissioners and Honorary Members on women’s rights, has been launched to coincide with the International Day to Eliminate Violence against Women and the first day of the 16 Days of Activism Against Gender-Based Violence Campaign.
The Judges Association of Serbia was established by Radmila and others in 1997, during the regime of Slobodan Milosevic. The Association was formed under the slogan ‘I do not agree’ in opposition to the misuse of the judiciary. Many women were involved in this fight against corruption and in protection of the independence of the judiciary.
In the year 2000, shortly before the fall of Milosevic, Radmila was one of fifteen judges that were dismissed because of their opposition to the repressive regime; although she was quickly reinstated following the elections that took place later that year.
During the civil war period in the 1990s, violence against women grew significantly and domestic violence was rampant in Serbia. Radmila, and other women in the judiciary, worked on issues of organized crime and human trafficking and they were brave to do so as the State couldn’t guarantee their security.
Radmila spoke of women’s continued obstacles in accessing justice and the important of protecting victims of violence. She commented that some States still lack the facilities, resources, personnel and awareness to provide adequate protection for victims.
Human trafficking continues to be one of the biggest problems that affects women, not only in Europe but globally. Justice Dragicevic-Dicic said it was beneficial for those working on women’s rights to share their experiences and learn from one another. Although the motivations and circumstances of women trafficked in different parts of the world may vary, all these women are subject to the same kinds of violence.
In the Serbian constitution, human trafficking is categorized as a crime against humanity and is taken very seriously, although this was not always the case.
Radmila spoke of one case she presided over that helped her to understand what it meant to be a victim. The case concerned two Ukrainian students who had dreamt of going to work in Germany to earn some money for their families but were trafficked into prostitution. She said that this case helped her to understand that anyone can be a victim.
It is everyone’s right to have dreams and to be naïve but no-one has the right to violate your rights. Radmila works to raise awareness amongst other judges that their role is not to judge the victims but those that have exploited them.
There remains a number of issues for victims of trafficking that Justice Dragicevic-Dicic highlighted, including ensuring the non-punishment, safety and protection of victims as well as addressing their access to compensation. Even where the offender isn’t known, victims are still entitled to the full rights of a victim within criminal proceedings.
The judiciary and independent organizations, like the Association of Serbian Judges and the International Commission of Jurists, have an important role in protecting the rights of women. Radmila explained that this can be done through promoting international standards, ensuring that victims are made visible and ensuring that States understand their responsibilities and obligations.
Judicial education on gender-based violence is important, not just in countries undergoing transitional periods, but for all countries where regional and/or international standards have been developed.
Radmila advised anyone interested in defending women’s rights that this work can be done from any position or microsystem that an individual or group is operating in, providing they take the time to educate themselves and build awareness. What is important is that as many people as possible come together to promote and protect women’s rights. Progress can be made, even if this is little by little.
“Sometimes you think you are doing little and you feel hopeless”, said Radmila, “but then I always say if you put a little seed somewhere then it will grow, after you leave, in one year, two years it’s always worth it.”
Watch the video interview:
The series of profiles introducing the work of ICJ Commissioners and Honorary Members on women’s rights was launched on 25 November 2016 to coincide with the International Day to Eliminate Violence against Women and the first day of the 16 Days of Activism Against Gender-Based Violence Campaign.
May 19, 2015 | News
In a letter sent this week, the ICJ urged President Joko Widodo to grant Mary Jane Veloso, a Filipino national on death row in Indonesia, a permanent reprieve from execution and to impose a moratorium on executions, with a view of abolishing death penalty in the near future.
