Nov 17, 2017 | News
Today, the International Bar Association’s Human Rights Institute (IBAHRI) and the ICJ held a side event in the framework of the OSCE’s Supplementary Human Dimension Meeting (SHDM) on Access to Justice in Vienna.
The event aimed to give an overview of current challenges and key organizational and procedural barriers faced by lawyers in Kazakhstan, in the light of international standards on the independence and role of lawyers.
At the event, lawyers from Kazakhstan as well as international experts discussed what guarantees should be ensured in the planned reform of the legal profession to guarantee professional autonomy and to strengthen the independence of lawyers.
Any undue interference with the independence of the current Bar Association in Kazakhstan would be contrary to international law and standards and would have a significant negative effect not only for Kazakhstan’s justice system but also for the wider Central Asia region.
Nov 7, 2017 | Advocacy, News
The ICJ today called for the African Commission on Human and Peoples’ Rights (“African Commission”) to establish a special mechanism for the protection and promotion of the independence of judges and lawyers in Africa.
The ICJ made the call in a statement during the public session of the 61st Ordinary Session of the African Commission in Banjul.
The call comes amidst growing threats to the independence of justice in Africa.
In African Union (AU) Member states across the continent, judicial officers and legal practitioners have been targeted for violence and intimidation, or unjustified interference or sanctions.
Recent cases include Burundi, Botswana, Egypt, Lesotho, Libya, Kenya, Swaziland, Zambia, the DRC, Cameroon and Zimbabwe.
The frequency and seriousness of such incidents prompted the ICJ working with the Africa Judges and Jurists Forum to convene a round table meeting in Harare in 2016 to discuss practical steps that could be adopted to minimize the plight of jurists in distress.
The Harare meeting identified the need for a special mechanism for the protection and promotion of judicial independence in Africa, similar to the existing United Nations’ Special Rapporteur on the Independence of Judges and Lawyers.
“It is chilling when a judge is shot in Lubumbashi in the DRC, or a deputy chief justice’s security personnel and driver is shot in Nairobi, Kenya ahead of an important case, or the offices of the Law Association are besieged by militias in Lusaka, Zambia. These are real cases,” said Arnold Tsunga ICJ’s Africa Regional Director.
“An independent, impartial, competent and accountable judiciary and independent and free legal profession are pre-requisites for effective protection of human rights and entrenchment of the rule of law in Africa,” he added.
The ICJ noted that the African Commission have already set out an excellent framework of standards to guarantee independence of the judiciary and access to justice in Africa in the 2003 Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa.
What is needed now is to put in place machinery for their implementation.
The Commission must now to take steps towards establishing a special mechanism for the protection and promotion of judicial independence, including the appointment of a Special Rapporteur on the Independence of Judges and Lawyers, and establishing a Working Group on the Independence of Judges and Lawyers.
Contact
Arnold Tsunga, Director of ICJ’s Africa Regional Programme, t: +27716405926, e: arnold.tsunga(a)icj.org
Banjul- Independence Judges and Lawyers-Advocacy-2017-ENG (Statement in English, pdf)
Oct 5, 2017 | Advocacy, Non-legal submissions
Today, the ICJ made a submission to the Universal Periodic Review of Azerbaijan.
The submission brings to the attention of the members of the Human Rights Council’s Working Group on the UPR issues concerning:
- Azerbaijan’s legislation governing the legal profession;
- the situation of lawyers in practice;
- the lack independence of the legal profession;
- the role of the Bar Association with regard to attacks on lawyers;
- international human rights instruments.
With respect to each of the above-mentioned concerns, the ICJ calls upon the Working Group on the UPR and the Human Rights Council to make a number of recommendations to the authorities of Azerbaijan.
Azerbaijan-UPR-Advocacy-non-legal submissions-2017-ENG (download the submission)
Sep 22, 2017 | Advocacy, Non-legal submissions
Addressing the UN Human Rights Council, the ICJ today urged Thailand to end criminal proceedings against lawyer Sirikan “June” Charoensiri, that are based on her professional activities as a human rights defender and lawyer.
The statement came during general debate at the Human Rights Council on, among other things, the report compiling cases of individual complaints that have been raised by the Special Procedures (independent experts) appointed by the Council. The statement read as follows:
“Among the many cases covered by the Communications Report of Special Procedures (A/HRC/36/25) is that of Thailand lawyer and human rights defender, Sirikan “June” Charoensiri. She was charged with sedition and other offences for actions taken, in her professional role, to protect human rights. With other lawyers, she had observed and provided legal assistance to participants in a peaceful protest.
In April, four Special Rapporteurs sent a joint communication (AL THA 2/2017) to Thailand about her case, and the related issues of restrictions on fundamental freedoms put in place following the military coup of May 2014, and prosecution of civilians in military courts.
Thailand’s response to the communication (No.52101/483) attempts to justify the charges against her by, among other things, appearing to associate her with the persons to which she and her colleagues were providing legal aid.
Principle 18 of the UN Basic Principles on the Role of Lawyers states that, “lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.”
The International Commission of Jurists considers that the case against Ms Charoensiri is incompatible with these and other international human rights standards. The ICJ calls upon Thailand ensure the legal proceedings against Ms Charoensiri are ended, and that measures are taken to end and prevent similar cases against other human rights defenders in the country.”
Exercising its right of reply to the statement, the delegation of Thailand, while appearing to accept that Ms Charoensiri is a human rights defender and lawyer, asserted that she had not been charged in her capacity as a lawyer or human rights defender, but due to the possibility that she was a principal or co-perpetrator of an offence, which the delegation said was based on unspecified information from the Royal Thai Police. The delegation affirmed that the Thai government attaches high priority to the protection of human rights defenders, and referred to several initiatives the delegation said were currently being prepared in this regard.
More detail from ICJ about the case is available by clicking here.
Details of the Special Procedures’ action on the case is available in the database of communications, by clicking here.
Jun 22, 2017 | News
The ICJ welcomes the adoption today, by consensus, of two UN Human Rights Council resolutions on the independence of judges & lawyers.
The Human Rights Council adopted the biannual resolution on independence of judges and lawyers, including a number of new elements on the theme of independence of lawyers and the legal profession. In particular, the resolution highlights the ongoing threats against and interference with the independence of lawyers and the ability of lawyers to fulfil their professional functions, including in relation to human rights.
The resolution reaffirms and builds on the UN Basic Principles on the Role of Lawyers.
The Human Rights Council also unanimously renewed the mandate of the Special Rapporteur on Independence of Judges and Lawyers for a further period of three years.
The unofficial text of the two resolutions are available in PDF format below:
Official versions will eventually appear on the UN website, at this location.
