ICJ presentation on access to justice to OECD Public Governance Committee

ICJ presentation on access to justice to OECD Public Governance Committee

The ICJ’s Director of International Law and Protection Programmes, Alex Conte, will speak next week on access to justice at a meeting of the OECD Public Governance Committee.

The meeting Fostering Inclusive Growth and Trust in Justice Institutions: Access, Performance and Alternatives, will be held in Paris on 12 November 2014.

The ICJ’s presentation will focus on the key components of access to justice as a means of ensuring access by all to legal institutions capable of rending independent, impartial, binding and enforceable decisions.

It will also address the question of how, when such components are adhered to, trust in justice institutions is attained, from the perspective of the rule of law and public governance, from individuals’ perspectives and from investment and international perspectives.

ICJ convenes Regional Judicial Dialogue to promote and protect human rights in the ASEAN

ICJ convenes Regional Judicial Dialogue to promote and protect human rights in the ASEAN

On 6 and 7 November 2014, judges and representatives of judicial training institutions from most ASEAN Member States will gather in Manila to discuss recent developments in international human rights law on questions relating to the right to life. 

Among the areas of consideration will be custodial deaths and other extrajudicial killings and enforced disappearances.

The two-day event, entitled Judicial Dialogue on Deciding Cases Involving Human Rights Violations in the ASEAN, is organized by the ICJ in collaboration with the Working Group for an ASEAN Human Rights Mechanism.

This initiative is also part of ICJ’s continuous efforts to support Southeast Asian judiciaries through the facilitation of colloquia and dialogues.

Among the event’s participants are Honourable Dato Seri Paduka Hj Kifrawi bin Dato Paduka Hj Kifli, Chief Justice of Brunei Darussalam; ICJ Commissioners Justice Adolfo S. Azcuna and Professor Vitit Muntarbhorn; and Dato’ Param Cumaraswamy, Co-Chairperson of the Working Group for an ASEAN Human Rights Mechanism and Former UN Special Rapporteur on the independence of Judges and Lawyers.

This Judicial Dialogue is aimed to be a platform for peer-to-peer sharing of experiences among judges, representatives from judicial training institutions, and lawyers and other jurists in the ASEAN.

Some of the discussions expected to take place include the international legal framework on the right to life, including custodial deaths and other extrajudicial executions; landmark cases that have previously found state authorities accountable for serious violations of human rights; and challenges faced by judges in cases involving serious violations of human rights and practical solutions to overcome them.

ASEAN-Programme Judicial Dialoghe-News-Events-2014-ENG (full text PDF)

Bolivia: politicians’ “trial” of judges an affront to the independence of the judiciary

Bolivia: politicians’ “trial” of judges an affront to the independence of the judiciary

The ICJ condemns the imminent “trial” of Constitutional Court judges by Bolivia’s Senate, in proceedings that could see the judges sent to prison over politicians’ disagreement with a legal ruling.

The proceedings “violate the independence of the judiciary and the right to fair trial,” the Geneva-based organization wrote today in an open letter to all Senators and Deputies of the legislative assembly.

The charges in the trial, scheduled to begin on 21 October, are based entirely on a precautionary ruling by the judges that parts of a new law regulating notaries should not be implemented until the Court has an opportunity to hear a constitutional challenge to the law.

“The spectacle of dozens of politicians pretending to act as an independent and impartial criminal court, threatening to throw constitutional court judges in jail over a difference of opinion as to interpretation of the law, is incompatible with respect for human rights, the separation of powers, and the rule of law,” said Matt Pollard, Head of the Centre for Independence of Judges and Lawyers at the ICJ.

Constitutional Court Judges Soraida Rosario Chanez Chire and Ligia Mónica Velásquez Castaños are to be tried on 21 October, while proceedings against Judge Gualberto Cusi Mamani have reportedly been temporarily suspended for reasons of health. The judges were suspended from duty on 28 July.

An analysis brief published by the ICJ and sent to the legislative members concludes that the proceedings violate Bolivia’s international legal obligations under the American Convention on Human Rights and the International Covenant on Civil and Political Rights.

The brief also cites judgments of the Inter-American Court of Human Rights that found violations of the American Convention as a result of defective parliamentary proceedings for removal of judges in other countries. The proceedings in Bolivia are poised to be even more egregious than the proceedings at issue in the earlier judgments, given the possibility for the Bolivian Senate (photo) to impose a criminal conviction and imprisonment.

“The ICJ urges the Senators and Deputies immediately to cancel the proceedings, to end the judges’ suspension from duty, to refrain from any other form of interference with judicial independence, and to reform judicial discipline and removal procedures to bring them into line with international standards,” said Pollard.

(update as of 21 October: the proceedings were postponed to 4 November after one of the judges collapsed on arrival at the Legislative Assembly and was taken to hospital).

Contacts:

English: Matt Pollard, Head of the Centre for Independence of Judges and Lawyers at the ICJ, t: +41 79 246 54 75; e: matt.pollard(a)icj.org

Spanish: Carlos Ayala, ICJ Commissioner, t: +58 212 952 8448; e: carlos.ayala(a)icj.org

BOLIVIA-Unfair trial of judges-News-Press release-2014-SPA (full text in PDF)

BOLIVIA-unfair trial of judges-Advocacy-Open letter-2014-ENG (full text in PDF)

BOLIVIA-unfair trial of judges-Advocacy-Open letter-2014-SPA (full text in PDF)

BOLIVIA-unfair trial of judges-Advocay-Analysis brief-2014-ENG (full text in PDF)

BOLIVIA-unfair trial of judges-Advocacy-Analysis brief-2014-SPA (full text in PDF)

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