Feb 11, 2014 | News
The personal decision of Khil Raj Regmi to resign and not return to his post as Chief Justice safeguards the independence of the judiciary and maintains the rule of law in Nepal, the ICJ says.
Caretaker Council of Minister Chairman Khil Raj Regmi announced this afternoon that he would not return to his former post of Chief Justice after acting as the Chairman of the Council of Ministers since March 2013.
“Khil Raj Regmi’s decision is one that will help to preserve the Supreme Court’s hard-earned reputation as an independent institution,” said Ben Schonveld, ICJ’s South Asia Regional Director.
International standards, including the International Covenant on Civil and Political Rights (ICCPR) and the UN Basic Principles on the Independence of the Judiciary, clarify that all governmental officials and institutions as well as judges must respect and preserve the independence and integrity of the judiciary.
The 2007 Interim Constitution of Nepal enshrines guarantees for the independence of the judiciary and contains safeguards for the separation of executive, legislative and judicial powers.
Article 106 of the 2007 Interim Constitution explicitly bans sitting and retired judges from assuming any appointment in government service apart from a role in the national human rights commission.
To enable former Chief Justice Regmi to act as caretaker Prime Minister, the President amended several provisions of the Interim Constitution, including Article 106.
These amendments were made in contravention of the Constitution, which required a two-thirds majority of a sitting Parliament.
“The return of Khil Raj Regmi to the post of Chief Justice would have significantly undermined the appearance of independence of the Supreme Court and the judiciary as a whole,” Schonveld added.
The Bangalore Principles of Judicial Conduct clarify that judges must not only be free from any inappropriate connections with the executive and legislative branches of government but also must appear to a reasonable observer to be free therefrom.
The ICJ applauds the personal decision of Chairman Khil Raj Regmi to resign as Chief Justice.
The ICJ calls on the new Government under the leadership of the Nepali Congress Chairperson, Sushil Koirala as well as the other elected political parties of the Constituent Assembly to honour the commitments made during the election and work to end impunity for gross violations of human rights.
Contact:
Ben Schonveld, ICJ South Asia Director, (Kathmandu); t: 977 9804596661; email: ben.schonveld(a)icj.org
Govinda Bandi Sharma, ICJ Senior Legal Adviser, Nepal (Kathmandu), t: +977 9851061167; email: govinda.sharma(a)icj.org
Sheila Varadan, ICJ Legal Adviser, South Asia Programme (Bangkok), t: +66 857200723; email: sheila.varadan(a)icj.org
Feb 7, 2014 | News
La actual Fiscal General y Jefa del Ministerio Público, Claudia Paz y Paz, fue nombrada el 10 de diciembre de 2010 para dirigir la institución por un período de 4 años, que legalmente vence el 9 de diciembre de 2014.
Su nombramiento ocurrió, hasta dicha fecha, como resultado de la repetición del proceso de selección debido a acusaciones que cuestionaban la honorabilidad e idoneidad de la persona previamente electa.
La actual Fiscal General y Jefa del Ministerio Público se ha constituido por sus resultados de gestión ante el Ministerio Público, como una figura democrática e independiente que ha realizado una importante labor en la protección y defensa de derechos humanos y en el desmantelamiento de estructuras criminales importantes. Esta figura contraviene los intereses de oscuros grupos que buscan interrumpir la continuidad del trabajo de la Fiscal.
Por ello, un abogado, ha puesto en marcha acciones jurídicas promoviendo que la Corte de Constitucionalidad acceda a reducir el período de gestión de la actual Fiscal.
El 05 de febrero del presente año, la Corte de Constitucionalidad emitió una resolución en que concede un amparo provisional y ordena al Congreso de la República convocar a la conformación de un nuevo proceso de elección para cambio de Fiscal General.
De confirmarse este amparo provisional por parte de la Corte de Constitucionalidad, se tendría como resultado que la fiscal sea removida de su cargo y se estaría violentando el Estado de Derecho.
Guatemala-Commuicado en defensa del estado de derecho-news-web story-2014-spa (full text in pdf)
Photo credit: ICTJ
Jan 21, 2014 | News
The ICJ is deeply concerned by reports that the President of Nauru has prevented the island nation’s Chief Justice from returning to the country and expelled the sole Resident Magistrate in violation of international standards on the independence of the judiciary.
According to media reports, Nauru President Baron Waqa on January 19 removed Resident Magistrate Peter Law in violation of an injunction issued by Chief Justice Geoffrey Eames. Subsequently, Chief Justice Eames, who was in Australia at the time, had his visa cancelled. Both judicial officials are Australian citizens.
Australia administered Nauru as a dependent territory until 1968 and the two countries retain strong bilateral relations. Australian judges and magistrates often serve on Nauru Courts.
“Removing judges from office, without any process whatsoever, breaches clear international standards on the independence of the judiciary,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific. “It also jeopardizes the right of people in Nauru, especially those currently engaged in legal proceedings, to have a fair trial.”
Nauru is an island state in Micronesia in the South Pacific.
The ICJ’s Centre for the Independence of Judges and Lawyers (CIJL) is monitoring developments.
Contact:
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002, e-mail: sam.zarifi(a)icj.org
Craig Knowles, ICJ Media & Communications, (Bangkok), t:+66 819077653, e-mail: craig.knowles(a)icj.org
Dec 11, 2013 | News
The ICJ has now published a translation of its Practitioner’s Guide, International Principles on the Independence and Accountability of Judges, Lawyers and Prosecutors in both traditional and simplified Chinese.
This is the first comprehensive analysis of the existing standards and compilation of universal and regional instruments published in Chinese.
The Guide outlines the roles to be played by a strong legal profession, an independent judiciary and an impartial and objective prosecuting authority.
References to international decisions, reports, texts of treaties and other international standards allow the Guide to be used as a reference book by legal practitioners and policy makers.
To access and download it please click here.
Dec 10, 2013 | News
The ICJ urgently calls on Bangladesh President Abdul Hamid to intervene to stop the execution of Abdul Quader Mollah.
The Supreme Court handed down its judgment against Abdul Quader Mollah on 5 December 2013.
The 790-page judgment was sent to the International Crimes Tribunal on 8 December 2013 and a death warrant was issued against Abdul Quader Mollah (photo) on the same day.
It was immediately sent to the Dhaka Central Jail and he may be executed at any time unless President Abdul Hamid or the Supreme Court intervenes.
Last week, the United Nations High Commissioner for Human Rights Navi Pillay issued a statement, expressing her deep concern over the rising levels of political violence in Bangladesh, calling on both sides to ‘’halt their destructive brinkmanship.’’
‘‘In an increasingly volatile situation, executing Abdul Quader Mollah risks pushing the Government towards a state of emergency, placing democracy and rule of law in peril,’’ said Ben Schonveld, ICJ South Asia Director. ‘‘The timing of the Supreme Court’s decision and the Tribunal’s subsequent death warrant raise serious questions about the political motivations behind the ICT process as well as the independence and impartiality of the judiciary.’’
The ICJ is concerned that the International Crimes Tribunal has not adhered to international standards.
As a State party to the International Covenant on Civil and Political Rights, Bangladesh is obligated to guarantee the right to a fair trial to all suspects, which includes special protections for those facing the death penalty.
The ICJ considers the death penalty to constitute a violation of the right to life and the right to be free from cruel, inhuman or degrading punishment.
It calls on the government of Bangladesh to impose a moratorium on the carrying out death sentences with a view to abolition, in compliance with repeated United Nations General Assembly resolutions on the question.
“The use of the capital punishment is particularly egregious in the Abdul Quader Mollah case, given that Parliament retroactively changed the law to enable the Supreme Court to impose a sentence of death on appeal,’’ added Schonveld. ‘‘Retroactively changing laws to influence the outcome in a case not only goes against the prohibition on retroactivity, it undermines the independence of the judiciary and the judicial function.’’
The ICJ urges President Abdul Hamid to intervene to stop the execution of Abdul Quader Mollah.
CONTACT:
Ben Schonveld, ICJ South Asia Director (Kathmandu), t:+97714432651 ; email: ben.schonveld(a)icj.org
Sheila Varadan, ICJ International Legal Advisor, South Asia Programme (Bangkok), t: +66857200723; email: sheila.varadan(a)icj.org
BACKGROUND:
Political violence has continued to escalate in Bangladesh
Abdul Quader Mollah was indicted on six counts of crimes against humanity before the International Crimes Tribunal (ICT). On 5 February 2013, the ICT rendered its verdict, finding him guilty on five counts and acquitting him on the sixth count. The ICT sentenced him to life imprisonment on two counts for his involvement in the Alubdi mass murder and the murder and rape of a family. He was sentenced to 15 years imprisonment on the remaining three counts.
At the time of the verdict, section 21(2) of the International Crimes (Tribunal) Act 1973 did not permit the Prosecution to appeal a sentence to obtain a heavier sentence.
The ICT verdict in the Mollah case sparked widespread protests, drawing tens of thousands of protesters to Shabagh Square, demanding that Mollah be sentenced to death.
Responding to public outcry, on 14 February 2013, the Parliament of Bangladesh drafted an amendment to change Section 21(2) of the International (Crimes) Tribunal Act 1973 to allow Prosecution to appeal a sentence in a conviction to seek a heavier sentence. The amendment was passed on 17 February and deemed to apply retroactively from 14 July 2009.
Acting on the basis of the Amendment to Section 21(2), the prosecution appealed the life sentences given to Mollah, seeking the death penalty. The prosecution also appealed the acquittal handed down. The defence in turn appealed the convictions on the five counts.
On 17 September 2013, the Appellate Division of the Supreme Court issued an oral decision with no reasons overturning the acquittal and entering a conviction; overturning one of the life sentences and imposing a sentence of death; dismissing the appeal made by the defence.
On 5 December 2013, the Appellate Division of the Supreme Court issued its 790-page judgment giving its reasons for overturning the life sentence and handing down the death penalty. The 790-page judgment was forwarded to the ICT-2 on 8 December 2013. The ICT-2 then issued a warrant of death against Abdul Quader Mollah and sent it to the Central Dhaka jail to be executed.
