Nov 14, 2013 | News
The International Bar Association’s Human Rights Institute (IBAHRI) and the ICJ urge the Commonwealth Heads of States meeting in Colombo this week to make Sri Lanka accountable to Commonwealth values.
The IBAHRI and the ICJ recall that the Commonwealth Charter, passed in March 2012, sets out 16 core values, which include safeguarding the independence of the judiciary, protecting the rule of law, respecting the separation of powers and promoting democratic rule.
But the two organizations point out numerous examples where these values have not been respected by the Government of Sri Lanka.
The IBAHRI and the ICJ were holding a press conference in Bangkok Thailand today after a high-level IBAHRI delegation was blocked from entering Sri Lanka late last week to attend a conference on the rule of law and independence of the legal profession hosted by the Bar Association of Sri Lanka.
Giving a statement remotely, Gabriela Knaul, UN Special Rapporteur on the Independence of Judges and Lawyers, expressed “serious concerns about acts of reprisals against judges, prosecutors, lawyers and other actors of the judicial system who cooperate, or seek to cooperate, with UN and regional human rights mechanisms.”
“Reprisals against judicial actors and legal professionals are a kind of attack to their institutional and functional independence,” she added.
Earlier this year, the IBAHRI conducted a remote fact-finding mission on the politically motivated impeachment of Chief Justice Banadranayake in January 2013, after being denied entry into Sri Lanka.
The IBAHRI Mission concluded that the Chief Justice’s removal was unlawful, undermined public confidence in the rule of law and threatened to eviscerate the country’s judiciary as an independent guarantor of constitutional rights.
In an open letter signed by 56 eminent jurists and senior judges from around the world, the ICJ also expressed its grave concern over the disregard for international standards on the independence of the judiciary and the removal of judges.
“This weakening of rule of law and independence of the judiciary is accompanied by an equally deteriorating human rights situation,” said Sheila Varadan, ICJ Legal Adviser for South Asia.
The United Nations High Commissioner of Human Rights, Navi Pillay, in her recent visit to Sri Lanka expressed concern over the curtailment or denial of personal freedoms and human rights, the persistent impunity and the failure of rule of law.
“The state of affairs in Sri Lanka sits uneasily with the aspirations set out in the Commonwealth Charter,” said Human Rights Barrister and IBAHRI Sri Lanka Mission Rapporteur, Sadakat Kadri. “The Government of Sri Lanka has spent years undermining the values and principles of the Commonwealth.”
“If the Commonwealth is to remain a relevant and effective international organization, it is paramount that those heads of State who have chosen to attend this week’s summit take measures to make Sri Lanka accountable to the core values and principles of the Commonwealth,” said IBAHRI Senior Programme Lawyer Alex Wilks.
Contact:
Sheila Varadan, ICJ Legal Advisor, South Asia Programme (Bangkok), t: +66857200723; email: sheila.varadan(a)icj.org
Notes:
- The IBAHRI delegation blocked from entering Sri Lanka included UN Special Rapporteur on the Independence of Judges and Lawyers, Ms Gabriela Knaul, former UN Special Rapporteur on the Independence of Judges and Lawyers and ICJ Commissioner Dato’ Param Cumaraswamy, and IBAHRI senior programme lawyer Alex Wilks, had intended to travel to Colombo to attend a conference on the rule of law and independence of the legal profession hosted by the Bar Association of Sri Lanka. IBAHRI Mission Rapporteur Sadakat Kadri was also unable to enter Sri Lanka as he was denied a visa.
- The Bar Association of Sri Lanka with the International Bar Association’s Human Rights Institute had planned a conference for 13 November 2013 on ‘Making Commonwealth values a reality: the rule of law and independence of the legal profession’. The 13 November 2013 conference was cancelled when the Government of Sri Lanka revoked visas for the UN Special Rapporteur and the IBAHRI delegation on 7 November 2013.
- In March 2013, a delegation of the IBAHRI undertook a remote fact-finding mission to investigate the impeachment proceedings of Chief Justice Bandaranayake, the independence of the legal profession and rule of law in Sri Lanka. The mission was conducted remotely following the cancellation of visas by the Government of Sri Lanka for the IBAHRI delegation. A report was released in April 2013 A Crisis of Legitimacy: The Impeachment of Chief Justice Bandaranayake and the Erosion of the Rule of Law in Sri Lanka.
- The ICJ released a report, Authority without Accountability: The crisis of impunity in Sri Lanka in November 2012 documenting the systemic erosion of rule of law and accountability mechanisms in Sri Lanka. The ICJ report described how decades of Emergency rule and legal immunities granted to the President and other government officials weakened the checks and balances in the Sri Lankan government, while political interference has increasingly led to attacks on the independence of the judiciary and rule of law.
Nov 14, 2013 | Events, News
The International Bar Association Human Rights Institute (IBAHRI) and the ICJ urge Commonwealth Heads of States meeting in Colombo this week to make Sri Lanka accountable to Commonwealth values.
The IBAHRI and the ICJ are holding a press conference in Bangkok, Thailand, this morning after a high-level IBAHRI delegation was blocked from entering Sri Lanka late last week.
You can watch the event here: http://www.ustream.tv/recorded/40754120
Further reading:
Sri Lanka-Muttur killings-ICJ-ACF Q&A-briefing paper-2013 (full text in pdf)
ICJ open letter signed by 56 eminent jurists and senior judges from around the world
ICJ report Authority without Accountability: The crisis of impunity in Sri Lanka
Nov 1, 2013 | News
Jueces europeos y centroamericanos expresaron en Tegucigalpa su preocupación por la falta de independencia del sistema judicial en países como Honduras, Guatemala y El Salvador.
Instaron a los Estados a tomar medidas para garantizar la autonomía de esa rama del poder público.
El 31 de octubre y 1 de noviembre se llevó a cabo en la ciudad de Tegucigalpa (Honduras) el foro denominado “Encuentro de Juristas Europeos y Centroamericanos: experiencias sobre la defensa de la independencia judicial”.
Durante el mismo, se tuvo la oportunidad de intercambiar experiencias en torno a las amenazas que hoy día persisten en contra de la independencia judicial y las medidas que los estados de Centroamérica deben tomar para fortalecer los diferentes sistemas de justicia en la región.
El foro reconoce el papel fundamental que tienen todos los jueces y juezas en la construcción y consolidación de la Democracia y el Estado de Derecho en Centroamérica; las y los participantes expresan su preocupación porque aún existen serias amenazas a la independencia judicial, entendiéndose dicha independencia como una garantía para los ciudadanos y ciudadanas.
En tal sentido, los estados centroamericanos deben respetar plenamente la independencia del Poder Judicial.
Honduras-Foro Jueces Independencia en CA-news-web story-2013-spa (full text in pdf)
Oct 29, 2013 | News
The ICJ welcomes the report of the UN Special Rapporteur on the independence of judges and lawyers presented to the UN General Assembly today.
The report calls for the adoption by the Human Rights Council of the draft principles governing the administration of justice through military tribunals, known as the ‘Decaux Principles’.
“This is a major step forward towards the establishment of universally applicable minimum standards to regulate the use and operation of military courts and tribunals”, said Alex Conte, Director of the ICJ’s International Law and Protection Programmes.
“The investigation and prosecution of alleged offences involving serious human rights violations is in many countries undertaken by military courts for the purpose of avoiding the accountability of perpetrators of such acts. It is therefore significant that the UN Special Rapporteur has reaffirmed that the jurisdiction of ordinary courts should prevail in such cases,” he added.
“It is also important that the Special Rapporteur has reiterated the recommendation of many human rights experts that the trial of civilians in military courts should in principle not occur and should be limited to strictly exceptional cases,” Conte further said.
The ICJ closely followed and contributed to the development of the Decaux Principles and has repeatedly called for their adoption and implementation by all States.
These principles were elaborated in 2006 in consultation with human rights experts, jurists and military personnel from throughout the world, and include specific provisions relating to the establishment and functioning of military tribunals.
They are based on the principle that military justice should be an integral part of the normal judicial system and should operate in a way that guarantees full compliance with human rights, including the need to ensure accountability for perpetrators of human rights violations.
Contact:
Alex Conte, ICJ International Law and Protection Programmes Director (Geneva), t: +41 79 957 2733; email: alex.conte(a)icj.org
Oct 10, 2013 | News
The ICJ calls on the Dhaka Central Jail authority to immediately process an order for bail issued for the release of Adilur Rahman Khan.
The six-month bail was ordered by the High Court of Bangladesh on 8 October 2013.
The Attorney General filed an application seeking a stay on the bail order, which was denied by the Appellate Division of the Supreme Court of Bangladesh on 9 October 2013.
The bail order was signed by the required Sessions Judge and delivered to the Dhaka Central Jail in the late afternoon on 9 October 2013.
Over 24 hours later, Adilur Rahman Khan still remains in custody in the Kashimpur Jail.
“The bail order must be carried out expeditiously without undue delay or other obstruction, including by the Executive. To do so would undermine the independence of the judiciary and constitute arbitrary detention,” said Ben Schonveld, ICJ South Asia Director.
It has been two months to the day that Adilur Rahman Khan was arbitrarily detained for the lawful exercise of the right to freedom of expression, the ICJ recalls.
Under international law, notably Article 9 of the International Covenant on Civil and Political Rights, to which Bangladesh is a party, everyone has a right to liberty and security of person.
Any detention or deprivation of liberty must be in accordance with procedures established by law.
The ICJ calls on the jail authorities to uphold the order of the Appellate Division of the Supreme Court of Bangladesh and immediately release Adilur Rahman Khan on bail.
CONTACT:
Sheila Varadan, ICJ Legal Advisor, South Asia Programme (Bangkok), t: +66 857200723; email: sheila.varadan(a)icj.org
