Mar 27, 2014 | News
The ICJ consider that yesterday’s order to prolong the detention pending trial of Swazi human rights lawyer, Thulani Rudolf Maseko, and The Nation Magazine editor Bheki Makhubu, for 7 more days, was inconsistent with the right to liberty.
The ICJ sent a team of lawyers to observe yesterday’s court hearing in Mbabane because of concerns that not only was the arrest and detention seemingly arbitrary, but also that the charges for contempt of court may be inconsistent with the enjoyment of the right to freedom of expression.
In the light of its concerns in the case, including with regard to the respect for the rights to a fair hearing before an independent and impartial tribunal, the rights to liberty and the rights to freedom of expression, the ICJ intends to continue to monitor the proceedings against Thulani Rudolf Maseko and Bheki Makhubu, and will send an international observer to the next hearing which is expected to take place on 1 April 2014.
Further information:
swaziland-maseko and makhubu custody hearing-2014 (full press release)
Contact:
Arnold Tsunga, Director, ICJ Africa Regional Programme, Arnold.tsunga(a)icj.org, +27 11 024 8268 or +27 73 131 8411
Martin Okumu-Masiga, Deputy Director, ICJ Africa Regional Programme, martin.okumu-masiaga(a)icj.org, +27 78 234 9125.
Mar 27, 2014 | News
The UN Human Rights Council resolution to establish an international investigation into allegations of human rights violations and abuses committed by both sides in Sri Lanka’s civil war gives hope to tens of thousands of victims who continue to be denied truth and justice.
Mar 26, 2014 | Advocacy, Non-legal submissions
The ICJ emphasised the need for an international inquiry to monitor and investigate human rights violations in Sri Lanka, during discussion at the UN Human Rights Council.
The ICJ stated that an international investigation mechanism such as a Commission of Inquiry is needed in part because the Sri Lankan justice system today simply cannot be relied upon to function as an independent and impartial institution.
- The judicial appointment process is subject to political interference.
- Judges and lawyers are subjected to threats and intimidation.
- Security of tenure for the judiciary is not protected by an independent, impartial and fair procedure for the removal or discipline of judges.
The UN High Commissioner for Human Rights has repeatedly expressed concern about “the continuing high levels of harassment and intimidation meted out to human rights defenders, lawyers and journalists”. Further incidents against human rights defenders occurred during the Human Rights Council session itself.
The ICJ urged the Council to establish an international independent and impartial investigation mechanism to give a glimmer of hope to victims and families, that their rights under international law to truth, justice and reparation will ultimately be upheld.
A number of delegations have jointly presented a draft resolution that would establish an international investigation with the backing of the Human Rights Council. A vote on the resolution is expected later in the week.
The full statement can be downloaded in PDF: Advocacy-UN-HRC25-SriLanka-OralStatement-26032014-rev
Video of the discussion of the report, including the ICJ oral statement, is available in the UN webcast archive.
See also:
Briefing note on independence of judges and lawyers in Sri Lanka
Mar 24, 2014 | News
The ICJ, in collaboration with other organizations, has dispatched a team of lawyers to attend the bail hearing of prominent lawyer and human rights defender, Thulani Maseko and journalist, Bheki Makhubu on 25 March 2014.
The ICJ is working with the SADC Lawyers Association, the Southern Africa Litigation Centre, the Zimbabwe Lawyers for Human Rights and the Southern Africa Human Rights Defenders Network.
Maseko and Makhubu were jointly charged on 18 March 2014 and remanded to appear on 25 March for a bail hearing.
Their lawyer was not allowed to make submissions when the accused appeared for initial remand, in contravention of regional and international standards guaranteeing the right to be represented by a lawyer in legal proceedings.
The accused were arrested after Chief Justice Ramodibedi issued a warrant for their arrest on charges of criminal contempt of court.
The charges arise from articles allegedly written by Maseko and Makhubu in February and March 2014, in which they questioned circumstances surrounding the arrest of government vehicle inspector, Vincent Gwebu.
The vehicle inspector had been arrested and charged with contempt of court after he had arrested the driver of a High Court Judge.
They questioned the integrity, impartiality and independence of the Swaziland judiciary in the way they handled the Gwebu case.
The legality of the arrest, detention and charges is likely to be challenged at the bail hearing.
The ICJ trial observer team of lawyers will assess the compliance of the trial proceedings with international standards of fair trial, including those of the African Union.
The ICJ has previously expressed initial concern that the arrest and detention appear to be arbitrary, and carried out in retribution for their exercise of their right to freedom of expression.
The ICJ also previously expressed further initial concern that the lawyer for the two was not allowed the legitimate exercise of his professional functions as a lawyer when the two appeared before the Chief Justice for the initial remand.
The team of trial observers consists of the following lawyers: Arnold Tsunga, Director, ICJ Africa Regional Programme; Martin Okumu-Masiga, Deputy Director, ICJ Africa Regional Programme; Andrew Makoni, Board member, Zimbabwe Lawyers for Human Rights; and Emilia Siwingwa, Deputy Director, SADC Lawyers Association.
Contact
For further information contact Arnold Tsunga or Martin Okumu-Masiga on +27 11 024 8268, +27 73 131 8411 or +27 78 234 9125.
Mar 20, 2014 | News
The ICJ today called on the Ukrainian authorities to discontinue criminal prosecutions and dismissals of Constitutional Court judges.
These measures, which came at a time of crisis in the country, were taken due to disagreement with a ruling made by the judges in 2010.
The measures interfere with the independence of the judiciary, and are inconsistent with the principle of separation of powers and respect for the rule of law.
Wilder Tayler, ICJ Secretary General underscored that “In times of crisis the stability and continuity of the judiciary is essential. Judges should not be subject to arbitrary removal, individually or collectively, by the executive, legislative or judicial branches”.
On 24 February 2014, the Verkhovna Rada, the Parliament of Ukraine, adopted a resolution according to which twelve of the eighteen judges of the Constitutional Court were to be dismissed by the institutions which appointed them.
Five of the judges were dismissed by the Rada itself. The Rada recommended that the Acting President and the Congress of Judges consider dismissing the other seven judges.
On 13 March, the Parliament appointed four new judges of the Constitutional Court.
The grounds for dismissals were breaching the oath of a judge.
Moreover, in accordance with the resolution, the Prosecutor General was assigned by the Parliament to initiate criminal proceedings against those judges who were “guilty of adopting the decision of the Constitutional Court of Ukraine of 30 September 2010 No 20-rp/2010”, which overturned the adoption of the Constitution of 2004.
The Parliament’s resolution against the justices of the Constitutional Court followed the Ukrainian political crisis, which reached its peak on 22 February 2014 after three months of protests and violent clashes, and resulted in a change of government.
“The ICJ is deeply concerned at the dismissal and criminal prosecution of Ukrainian Constitutional Court judges on grounds of their interpretation of the law in judicial decisions” said Wilder Tayler.
“These measures are inconsistent with respect for the independence of the judiciary and the rule of law. It is precisely at moments of transition or crisis, such as Ukraine is now experiencing, that upholding the rule of law and the separation of powers is most critical. Any disciplinary action against judges must respect the independence of the judiciary, be based on established standards of judicial conduct and be taken only following a fair procedure in which the rights of the judge concerned, including to a defence, are respected.”
The ICJ stressed that action taken against the judges of the Constitutional Court is inconsistent with the duties of all branches of the government of Ukraine to respect and protect the independence of the judiciary.
This duty, a fundamental pillar of the rule of law and a fundamental aspect of the principle of separation of powers of the three branches of government, is enshrined in both the European Convention on Human Rights and the International Covenant on Civil and Political Rights, international human rights treaties to which the State is a party.
Furthermore, Article 1 of the UN Basic Principles on the Independence of the Judiciary clarifies that all governmental and other institutions must respect and observe the independence of the judiciary.
This requires that judges have jurisdiction over issues of a judicial nature and that judicial decisions by courts must not be subject to revision (Principle 4).
Judges must have guaranteed tenure until a mandatory retirement age or the expiry of their term of office (Principle 12) and can be subject to suspension or removal only following fair procedures (Principle 17) and only for reasons of incapacity or behaviour that renders them unfit to discharge their duties (Principle 18).
The European Court of Human Rights found, in the recent case of Volkov v Ukraine, that dismissal of a judge of the Ukraine Supreme Court through a parliamentary procedure violated the right to a fair hearing under Article 6.1 of the European Convention on Human Rights, since there had been insufficient examination of the merits of the case, and it had not been heard by a tribunal established by law.
Contacts:
Róisin Pillay, Director, Europe Programme, t + 32 273 48 46, roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, Europe Programme, t + 41 22 979 38 32, temur.shakirov(a)icj.org
Ukraine-dismissal and criminal prosecution of judges-news-2014 (Statement, PDF)
