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
Oct 5, 2013 | News
During a one-week mission that concluded on 4 October, the ICJ received information on the tense situation faced by the Supreme Court’s Constitutional Chamber, whose independence has been subjected to political influence for more than a year.
The ICJ is concerned about a complaint filed with the Legislative Assembly which requests a provisional judgment against four judges of the Constitutional Chamber for alleged prevarication, abuse of power and disobedience. This could result in their removal from the Court.
The ICJ wishes to reiterate that, in accordance with international standards, the judiciary must be protected from any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, including from legislative or executive authorities.
The mission, led by a high-level ICJ delegation that included ICJ Commissioners Justice Philippe Texier and Professor Rodrigo Uprimny, focused on access to justice and legal remedies for victims of violations of economic, social and cultural rights.
It engaged in discussions with members of the legal profession, civil society and various authorities including the public prosecutor office (the Procuradoria General de la Republica and the Procuradoria para la Defensa de los Derechos Humanos), as well as with the Constitutional Chamber.
Oct 4, 2013 | News
The ICJ is calling on the Indonesian authorities to ensure that the proceedings against Justice Akil Mochtar fully comply with international law and standards on fair trial and the independence and impartiality of the judiciary.
Justice Mochtar, Chief Justice of Indonesia’s Constitutional Court (photo), is accused of taking a bribe to issue a favourable verdict in an election dispute.
Justice Mochtar was arrested on 2 October 2013 and remains in custody. According to a spokesperson for the Corruption Eradication Commission, he is alleged to have received a bribe, through several intermediaries, from Hambit Binti, a district chief whose re-election was contested.
The Constitutional Court has sole jurisdiction over disputes contesting the conduct or results of elections.
The ICJ calls for a prompt, thorough and impartial investigation of these serious allegations.
The impartiality of the judiciary is an essential condition for respect for the rule of law, and is undermined when judicial decisions are made on the basis of financial inducements rather than solely according to evidence and the law.
Integrity is vital to the proper discharge of judicial office, and any judge must ensure that his or her conduct is above reproach, maintaining and enhancing the confidence of the public in the impartiality of both the individual judge and the judiciary as a whole.
According to the Beijing Statement of Principles on Independence of the Judiciary in the LAWASIA Region, signed by 32 judicial heads of Asia Pacific States, including the Chief Justice of Indonesia, “Judges shall uphold the integrity and independence of the judiciary by avoiding impropriety and the appearance of impropriety in all their activities.”
At the same time, the ICJ stresses that any eventual criminal or disciplinary proceedings, should those be warranted, must respect the independence of the judiciary and Justice Mochtar’s right to a fair trial.
Judges charged with a criminal offence, like all other persons, have the right to a fair trial by a competent, independent and impartial tribunal established by law.
The right to a fair trial in criminal cases as recognized in Indonesia and under international law and standards, including Article 14(3) of the International Covenant on Civil and Political Rights, comprises a series of procedural and substantive safeguards that must be respected during the pre-trial and trial phases.
Contact
Sam Zarifi, ICJ Asia-Pacific Regional Director, Bangkok, tel. no. +66 8078 19002 or sam.zarifi(a)icj.org
Laurens Hueting, ICJ Associate Legal Adviser (International Law and Protection Programme), Geneva, tel. no. +41 22 979 3848 or laurens.hueting(a)icj.org
Sep 30, 2013 | News
Last week the ICJ concluded a series of five workshops organized in collaboration with the National Human Rights Commission of the Federation of Bar Associations of Venezuela and states bar associations.
The workshops, that were held in five cities of Venezuela in the course of 2013, provided participants with a space for free reflection and debate on issues of judicial independence and the functioning of rule of law institutions.
The themes discussed in the workshops included human rights in legal education; the role of bar associations in promoting and strengthening an independent, competent and integral legal profession; human rights litigations; professional, civil and criminal responsibility of lawyers; and the role of the Supreme Court and the Office of Public Prosecution in a democratic society.
Participants to the workshops included representatives of bar associations, former Supreme Court justices and senior judges, practicing lawyers and members of Venezuelan civil society.
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SPANISH TEXT:
La CIJ concluye serie de 5 talleres sobre independencia judicial en Venezuela
La semana pasada la Comisión Internacional de Juristas concluyó una serie de cinco talleres organizados en colaboración con la Comisión Nacional de Derechos Humanos de la Federación de Colegios de Abogados de Venezuela y los Colegios de Abogados de varios Estados en Venezuela.
Los talleres, que tuvieron lugar en cinco ciudades de Venezuela en el transcurso de 2013, ofrecieron a los participantes un espacio de reflexión libre y de debate sobre temas relativos a independencia judicial y el funcionamiento de las instituciones del Estado de derecho.
Los temas tratados en los talleres incluyeron la importancia de la formación en derechos humanos de los abogados; el papel de los Colegios de Abogados en la promoción y fortalecimiento de una profesión independiente, competente e integral; los litigios en materia de derechos humanos; la responsabilidad profesional, civil y penal de los abogados; y el papel del Tribunal Supremo de Justicia y del Ministerio Público en una sociedad democrática.
Los participantes en los talleres incluyeron a representantes del gremio, ex jueces del Tribunal Supremo y jueces de tribunales superiores, abogados en ejercicio y miembros de la sociedad civil venezolana.
Venezuela-CIJ Programa Seminario Barquisimeto-agenda-2013-spa (full text in pdf)
Venezuela-CIJ Programa Seminario Coro-agenda-2013-spa (full text in pdf)
Venezuela-CIJ Programa Seminario Puerto Ayacucho-agenda-2013-spa (full text in pdf)
Venezuela-CIJ Programa Seminario San Cristobal-agenda-2013-spa (full text in pdf)
Venezuela-CIJ Seminario Caracas-Programa-agenda-2013-spa (full text in pdf)
