Jun 22, 2017 | News
Pakistani authorities need to ensure a prompt, impartial and effective investigation into a barrage of assaults and threats against lawyers in the premises of the Lahore High Court, the ICJ, Human Rights Watch and Amnesty International said today.
The Government needs to defend the rule of law and prosecute those responsible for any criminal conduct.
On 20 June, during proceedings of a case involving the alleged abduction and subsequent “disappearance” of a 26-year old woman and her two-year old son, supporters of the accused, a prominent lawyer, physically assaulted the complainant’s counsel Shabbir Hussain and Usama Malik, and made abusive remarks and threats against another member of the complainant’s legal team, Noor Ejaz Chaudhry.
The attackers were mostly lawyers and members of the local bar association.
The attackers also made abusive and threatening remarks against Asma Jahangir (photo), a notable human rights lawyer, Honorary Commissioner of the ICJ, and former President of the Supreme Court Bar Association.
Asma Jahangir was not present in the court but was represented by her legal team comprising of Shabbir Hussain, Usama Malik, Mian Liaquat Ali and Noor Ejaz Chaudhry.
“The legal profession is one of the pillars of the administration of justice. It is deeply worrying that instead of discharging their responsibility to uphold the rule of law, certain lawyers would resort to threats and violence in a clear attempt to obstruct justice,” said Ian Seiderman, ICJ’s Legal and Policy Director.
Under international standards, including the UN Basic Principles on the Role of Lawyers, Pakistan has an obligation to ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference.
Where lawyers are threatened as a result of discharging their functions, authorities must ensure they are adequately safeguarded.
“Lawyers must be able to go to court without fearing violent assaults and abuse,” Brad Adams, Asia director at Human Rights Watch said. “That such assaults take place with increasing frequency in Pakistan and without accountability represents a serious failure of the Pakistani authorities to ensure rule of law.”
It is the responsibility of the bar councils and associations to ensure that allegations of professional misconduct against their members are promptly, independently and impartially investigated, and if lawyers are found in breach of their codes of conduct after a fair hearing, disciplinary action is taken against them.
Any disciplinary action must be subject to an independent judicial review.
Threatening and assaulting opposing counsel is not just against the law, but also in breach of lawyers’ professional code of ethics,” said David Griffiths, Amnesty International’s Senior Adviser on South Asia. “The respective Bar Councils must take notice of the allegations, and use this condemnable incident as an opportunity to tackle the culture of impunity which impacts even the legal profession in Pakistan.”
Background
In May 2017, Bilquis Zareena filed a habeas corpus petition in the Lahore High Court for the recovery of her daughter Ayesha and grandson Alyan Ali, who have allegedly been missing since November 2016.
According to Bilquis Zareena, her daughter had secretly been married to Maqsood Buttar, a prominent lawyer and member of the Pakistan Bar Council, the highest regulatory body for lawyers in the country.
Bilquis Zareena claims her daughter and grandson’s lives could be in danger as Maqsood Buttar had previously threatened and even attempted to kill Ayesha.
The next hearing in the case is on Friday, 23 June 2017.
Contact:
Ian Seiderman, ICJ Legal and Policy Director, e: ian.seiderman(a)icj.org
Reema Omer, ICJ International Legal Adviser (South Asia), e: reema.omer(a)icj.org
Jun 16, 2017 | News
Justice Prafullachandra Natwarlal Bhagwati, former ICJ Commissioner and Honorary Member and Chief Justice of the Supreme Court of India, passed away at the age of 95, on 15 June 2017, following a brief illness.
“The International Commission of Jurists benefited greatly from Justice Bhagwati’s engagement and leadership. He was a giant of the human rights movement, dedicated to enlarging and ensuring access to justice for everyone, including those who couldn’t seek and receive justice due to their economic or social status,” said Sam Zarifi, ICJ’s Secretary-General.
“His dedication and ground-breaking approach to human rights accountability inspired many within and outside of the ICJ, and the values he represented will continue to inspire and inform our work,” he added.
Justice Bhagwati had a long history of promoting and protecting human rights, both at home and on the international stage, particularly for the most marginalized and vulnerable individuals and groups.
Former Chief Justice of India, Justice P.N. Bhagwati held a long and illustrious career within the Indian judiciary.
He introduced many innovative reforms within the Indian judicial system that increased access to justice for the poorest and most disadvantaged, including as a pioneer of public interest litigation and absolute liability.
Outside of India, Justice P.N. Bhagwati played a prominent role in the international human rights movement, for example as a member of the Committee of Experts of the International Labour Organization and Chair of the United Nations Human Rights Committee.
He was also actively involved in a number of non-governmental organizations, including the ICJ, where he committed to a high number of missions, seminars, publications and other activities on behalf of the organization.
He also served as a long-standing Chair of the Advisory Board for the ICJ’s Centre for the Independence of Judges and Lawyers.
Jun 13, 2017 | News
The ICJ welcomed today the Special Rapporteur’s report on Turkey and his preliminary findings on his visit to the country last November.
The ICJ welcomes and concurs with the finding that the “situation of the judiciary is undermining freedom of opinion and expression”.
Mass dismissals of judges have had a devastating effect on the judiciary’s independence, already weakened by the current state of emergency. Furthermore, we are concerned at the claim by the President that the state of emergency will remain in place until Turkey reaches “peace and prosperity”. Whatever other questions there may be about their validity, maintaining emergency derogations to human rights law instruments for such an open-ended period would clearly not be in line with international law.
The ICJ is also concerned at the constitutional amendments approved on the 16th of April by a referendum. Among other things, the amendments have given powers to the President and the Parliament to appoint all the members of the High Council of Judges and Prosecutors, the body tasked with protecting the independence of these professions.
The judiciary has had in the past an important role in implementing legislation that has severely limited the freedom of journalists to carry out their job.
The independence of the judiciary has now been eroded to its core in Turkey. Without it, there is no effective remedy in the country to protect freedom of opinion and expression.
Further reading: ICJ’s briefing paper Turkey: the Judicial System in Peril
May 17, 2017 | News
La CIJ condena enérgicamente la violenta represión de las manifestaciones por parte del Gobierno venezolano y sus cuerpos de seguridad, así como el juzgamiento de civiles por tribunales militares de ese país.
Entre el 4 de abril y el 16 de mayo de 2017, han fallecido de manera violenta más de 40 personas en el contexto de manifestaciones, por la acción de los cuerpos de seguridad del Estado venezolano y grupos armados de civiles afectos al Gobierno.
Asimismo, centenares de personas han sido detenidas arbitrariamente, muchas de las cuales han sido trasladadas a prisiones militares, instalaciones de organismos de seguridad o a cárceles de máxima seguridad.
Numerosos detenidos han denunciado golpizas, tratos crueles e inhumanos así como actos de tortura.
Igualmente, por lo menos 275 civiles están procesados por tribunales militares, acusados de delitos previstos en el Código Militar, como los de “rebelión” y “traición”.
En muchos casos, a los abogados defensores se les limita el acceso a las salas de audiencia, sólo están autorizados a hablar uno pocos minutos antes de las audiencias con sus defendidos y se les restringe el acceso al expediente penal.
La CIJ recuerda que todas estas prácticas vulneran derechos y libertades fundamentales y constituyen una violación flagrante por parte del Estado venezolano de sus obligaciones constitucionales e internacionales de garantizar y proteger los derechos humanos.
Desde hace varios años la CIJ ha venido siguiendo la situación en Venezuela y ha podido constatar el vertiginoso y sistemático deterioro de los derechos humanos y de las libertades fundamentales, la pérdida de independencia del Poder judicial y, en general, el ocaso del Estado de Derecho.
Al respecto ver los informes de la CIJ: Fortaleciendo el Estado de Derecho en Venezuela (2014) y Venezuela: el ocaso del Estado de Derecho (2015).
May 5, 2017 | Advocacy, News, Publications
The ICJ has published a set of Principles on the Role of Judges and Lawyers in relation to Refugees and Migrants.
The Principles were developed by the ICJ on the basis of consultations with senior judges, lawyers, and legal scholars working in the field of international refugee and migration law (including at the 2016 Geneva Forum of Judges & Lawyers), as well consultations with States and other stakeholders on a draft version during the March 2017 Human Rights Council session, and other feedback.
The Principles seek to help judges and lawyers, as well as legislators and other government officials, better secure human rights and the rule of law in the context of large movements of refugees and migrants. They are intended to complement existing relevant legal and other international instruments, including the New York Declaration, as well as the Principles and practical guidance on the protection of the human rights of migrants in vulnerable situations within large and/or mixed movements being developed by the OHCHR.
The Principles address the role of judges and lawyers in relation to, among other aspects:
- determinations of entitlement to international protection;
- deprivation of liberty;
- removals;
- effective remedy and access to justice;
- independence, impartiality, and equality before the law;
- conflicts between national and international law.
The Principles, together with commentary, can be downloaded in PDF format by clicking here: ICJ Refugee Migrant Principles 2017.
They are also available in Spanish, French and Arabic.
The ICJ formally launched the published version of the Principles at a side event to the June 2017 session of the Human Rights Council (click here for details), where their importance and utility were recognised by the UN Special Rapporteur on the human rights of migrants, as well as representatives of UNHCR and the OHCHR.
The ICJ had earlier released the final text in connection with the Thematic Session on “Human rights of all migrants” for the UN General Assembly Preparatory Process for the Global Compact for Safe, Orderly and Regular Migration to be held in Geneva 8-9 May 2017, where in an oral statement the ICJ was able to highlight the potential utility of the Principles in the development of the Compact.
The ICJ further promoted consideration of the Principle, in an oral statement to the Human Rights Council.
More information about the process of development of the Principles, including the list of participants to the 2016 Geneva Forum, is available here.
The consultations, preparation and publication of the Principles was made possible with the financial support of the Genève Internationale office of the Republic and Canton of Geneva, for which the ICJ is grateful.
For further information, please contact ICJ Senior Legal Adviser Matt Pollard, matt.pollard(a)icj.org
