Apr 21, 2020 | News
The ICJ called upon the Sri Lankan authorities to respect human rights in the conduct of their investigation of the 2019 Easter Sunday bombings, including ensuring that investigations into the alleged involvement of Sri Lankan lawyer, Hejaaz Hizbullah, are conducted in accordance with due process and fair trial guarantees under international law.
Specifically, the authorities must specify the charges against him, grant him full and immediate access to a lawyer, and investigate the circumstances of his arrest for potential rights violations.
Sri Lankan Lawyer Hejaaz Hizbullah was arrested by the Criminal Investigation Department of the Police (CID) on April 14, 2020 pursuant to the Prevention of Terrorism Act (PTA) and has since been kept in detention. No reasons were provided at the time of the arrest. During a media briefing, a police spokesperson stated that he was arrested as a result of the evidence found against him during investigations into the 2019 Easter Sunday bombings. The ICJ understands that no remand or detention orders authorising his continued detention have been served even after the lapse of 72 hours as required by Sections 7 and 9 of the PTA. Moreover, Hizbullah was only granted limited access to legal counsel on April 15 and 16, under the supervision of a CID official, who had insisted that the conversation be in Sinhala, in breach of attorney-client privilege. Legal access has been denied at least since April 16, 2020.
“No one questions the government’s need and obligation to investigate the horrendous Easter Sunday attacks, but these investigations must be conducted in a way that is consistent with international law and the Sri Lankan Constitution,” said Frederick Rawski, ICJ Asia-Pacific Director. “Not serving Hizbullah a remand order as required by law, and denying him full and confidential access to legal counsel is unacceptable and in violation of international standards on the right to liberty.”
A Habeas Corpus petition was filed by Hizbullah’s father on April 17 seeking his release from detention, and demanding that he be given access to his attorneys. According to the application, five persons posing as officials of the Ministry of Health entered his home and interrogated him, after placing him in handcuffs. They demanded access to two of his case files, recorded a statement from him and subsequently took him into custody at the Criminal Investigation Department.
“By allowing warrantless entry, search of premises and the arrest of persons, the Prevention of Terrorism Act violates basic due process guarantees under international law,” added Rawski. “This legal provision is one of many problematic provisions of the PTA. The ICJ reiterates it calls for the PTA to be repealed, and replaced with an a law that conforms with Sri Lanka’s international human rights obligations.”
According to Article 9 of the International Covenant on Civil and Political Rights, “anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.” Article 14 entitles anyone charged of a criminal offence “to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing”. Similar guarantees are enshrined under Article 13 of the Sri Lankan Constitution.
The UN Basic Principles on the Role of Lawyers provide that, “Governments shall further ensure that all persons arrested or detained, with or without criminal charge, shall have prompt access to a lawyer, and in any case not later than forty-eight hours from the time of arrest or detention.”
The ICJ has consistently called for the repeal of the Prevention of Terrorism Act, which has been used to arbitrarily detain suspects for months and often years without charge or trial, facilitating torture and other abuse. The ICJ reiterated its call for the repeal and replacement of this vague and overbroad anti-terror law in line with international human rights standards and Sri Lanka’s international obligations.
Contact
Frederick Rawski, ICJ Asia-Pacific Director, t: +66 64 478 1121; e: frederick.rawski(a)icj.org
Apr 18, 2020 | News
Today the ICJ joined other legal organizations in condemning the arrest of 15 pro-democracy figures in Hong Kong for organizing and taking part in ‘unauthorized assemblies’ in 2019. The arrests demonstrate the continued assault on the freedom of expression and the right to assembly in Hong Kong.
The joint statement reads:
The international legal community is seriously concerned by the arrest of 15 veteran pro-democracy figures in Hong Kong on Saturday 18 April 2020. In what appears to be a further clampdown on civil liberties and democracy following the 2019 protests, which began over the introduction of a controversial extradition bill, those arrested today include senior figures in the pro-democracy movement. These include lawmakers, party leaders and lawyers such as the democratic politician and legislator, Martin Lee QC who was also involved in the drafting of the Basic Law, the media owner, Jimmy Lai, and the barrister, Dr Margaret Ng. In October of last year, Margaret Ng and Martin Lee were jointly awarded the International Bar Association’s Human Rights Award for their lifelong defence of freedom, democracy and the rule of law.
The arrests are purported to be based on suspicion of organising and taking part in ‘unauthorised assemblies’ on 18 August, 1 October and 20 October 2019, pursuant to the Hong Kong SAR Public Order Ordinance. No explanation has been reported for the apparent delay between those protests and the timing of today’s arrests. The leaders of the Hong Kong pro-democracy movement have long argued for their rights to peaceful assembly and protest to be exercised without the need for consent from the authorities.
The right to peaceful protest is protected under the Joint Declaration and the Basic Law. As part of the ‘One Country, Two Systems’ policy, the Hong Kong Basic Law guarantees freedoms that are not available to those in mainland China until 2047. Hong Kong residents are guaranteed the rights to ‘freedom of speech, of the press and of publication; freedom of association, of assembly, of procession and of demonstration’. Article 21 of the International Covenant on Civil and Political Rights (“ICCPR”) provides that “[t]he right of peaceful assembly shall be recognised.” The Basic Law expressly preserves the ICCPR as applicable to the Hong Kong Special Administrative Region. The State has a duty to protect and facilitate such protest, and the Public Order Ordinance must be implemented in conformity with Hong Kong’s obligations under the ICCPR.
Following growing concerns of eroding civil liberties and the rule of law in Hong Kong, the 2019 protests have been unprecedented in their scale and reach and have led to physical violence by authorities, as well as a regrettable violent response by a minority of demonstrators. Excessive crowd dispersal techniques have been used by the authorities, including the dangerous use of tear gas, water cannons, firing of rubber pellets, pepper spray and baton charges by the police to disperse pro-democracy demonstrations, and there is reliable evidence of violence upon arrest. No proper investigation into excessive force has taken place and indeed calls from the international community, including the United Nations High Commissioner of Human Rights, have been rejected.
Today’s arrests demonstrate the continued assault on the freedom of expression and right to assembly in Hong Kong. Indeed, we are gravely concerned that the arrests of senior lawyers and legislators who set out to protect human rights in a non-violent and proportionate manner, and pursuant to both rights granted in both domestic and international legal frameworks, represent an assault on the rule of law itself. The United Nations Human Rights Committee has repeatedly expressed concern that charges of ‘unlawful assembly’ against peaceful protesters in Hong Kong risks violating human rights. The arrest of a prominent media owner also sends a chilling message to those whose journalism is vital to a free society.
It is critical that authorities do not use their powers to encroach on fundamental human rights, and it is vital that legal systems continue to protect citizens from any abuse of power which may otherwise be unseen during the COVID-9 crisis in which the international community is submerged..
We strongly urge the Hong Kong authorities to immediately release the 15 individuals arrested and drop all charges against them. Moreover, we call on the authorities to discontinue such politicised and targeted prosecutions immediately and urge the Hong Kong government instead to engage in constructive dialogue with the leaders of the pro-democracy movement to foster a climate in which their legitimate concerns over democracy and human rights can be met.
To download the statement with more information and list of organizations, click here.
Feb 6, 2020 | Advocacy, News, Non-legal submissions
The ICJ has made a submission to the UN Human Rights Committee in advance of its forthcoming examination of Tunisia’s sixth periodic report under the International Covenant on Civil and Political Rights (ICCPR).
In its submission, the ICJ highlights a number of ongoing concerns with respect to the country’s implementation of and compliance with the provisions of the ICCPR, including in relation to:
- Tunisian authorities’ implementation of the transitional justice law, particularly on issues pertaining to criminal accountability for gross human rights violations;
- Judicial independence and accountability, particularly on issues pertaining to the development of a Judicial Code of Ethics, and
- Tunisia’s failure to establish a Constitutional Court.
The submission is relevant for the Committee’s evaluation of Tunisia’s implementation of the State’s obligations and related Covenant rights under articles 2, 3, 6, 7, 9, 14, 15, 16, 18, 19, 21, 22 and 26 of the ICCPR.
The Human Rights Committee will examine Tunisia’s sixth periodic report during its 128th session, which will be held in Geneva from 2 March to 27 March 2020.
Tunisia submitted its sixth periodic report to the Committee in June 2019 according to the approved simplified reporting procedure and in response to the list of issues identified by the UN Human Rights Committee in April 2018. Among these issues, the Committee requested Tunisia to provide information in relation to: the Constitutional and legal framework within which the Covenant is implemented; transitional justice; and the independence and impartiality of the judiciary.
Download
Tunisia-ICJ-Submission-UNHRC-Advocacy-Non-Legal-Submissions-2020-ENG (full submission, in PDF)
Dec 20, 2019 | Advocacy
Today, the ICJ published a compilation of cases (read the full document here) decided by the UN Human Rights Committee (HRC) concerning allegations of torture and other forms of ill-treatment (articles 7 and 10).
This compilation draws together the views of the HRC in all individual communications adjudicated on the merits in respect of Tajikistan, concerning Article 7 and Article 10 of the ICCPR from 1999 to 2019.
This compilation provides a resource for lawyers, judges, civil society and other stakeholders working to protect against torture and ill-treatment in Tajikistan. The cases in this volume demonstrate how the UN Human Rights Committee has applied the principles of its jurisprudence on torture and other ill-treatment to the particular legal and factual context of Tajikistan. These authoritative interpretations of the ICCPR by the Committee can help to inform consideration of these issues in the national courts, as well as in legislative reform and policy making.
In addition, by drawing together and analysing the facts of individual communications to the Committee from Tajikistan, this compilation also serves to identify underlying systemic issues which Tajik authorities and the national justice system fail to address. An introduction to the compilation highlight of the main issues which have been identified by the Committee in almost 20 years of its practice on Tajikistan. Several patterns regarding the actual functioning of the Tajik criminal justice system can be drawn from the Committee’s decisions. Together they represent an important evidentiary source to determine where the justice system fails in practice to protect human rights that are guaranteed by the ICCPR and often by Tajikistan law and procedure.
While the freedom from torture and other cruel, inhuman or degrading treatment or punishment under Article 7 is the central point of this review, it logically includes some reference to other relevant Articles of the ICCPR, including Article 2(3) (the right to an effective remedy for violations of the Covenant rights) Article 6 (right to life), Article 10 (conditions of detention), Article 9 (the right to liberty) and Article 14 (fair trial rights). These rights are analysed only where they are pleaded by applicants in cases also involving allegations of violations of rights under Article 7 or 10 ICCPR.
This compilation of cases is published as part of ICJ’s Global Redress and Accountability Initiative, with a view to rendering accessible the cases of the Human Rights Committee related to torture and other ill-treatment to a wide range of different actors within and engaging with the justice system. It should be useful both for independent practitioners such as lawyers, human rights defenders and civil society organizations, and for the judiciary, but also the Ministry of Justice, the Ministry of Health or the Ministry of Interior, under whose competence some of the issues may fall. The publication should be of equal interest to IGOs working in or with an interest in Tajikistan.
Nov 27, 2019 | Advocacy, News
On 26 November 2019, the ICJ, jointly with the Centre for Civil and Political Rights (CCPR Centre), hosted a round-table discussion on the right to peaceful assembly in Thailand. The discussion was held at the office of Thai Lawyers for Human Rights (TLHR).
Fifteen lawyers, members of civil society organizations and academics attended the discussion.
The discussion began with an introduction to the UN Human Rights Committee’s draft General Comment No. 37, which when revised and adopted will constitute an authoritative interpretation of the right to freedom of peaceful assembly, as guaranteed under article 21 of the International Covenant on Civil and Political Rights (ICCPR). Thailand is a State party to the ICCPR.
The UN Human Rights Committee – the body mandated to interpret and supervise the implementation of the ICCPR – made the draft General Comment available for all stakeholders to review between November 2019 and 14 February 2020. The Committee in its draft considers the obligations of States parties in respect of such right to peaceful assembly, including permissible limitations and duties and powers of law enforcement agencies.
During the meeting, participants discussed about Thailand’s existing law governing the exercise of the right to peaceful assembly – including the 2017 Constitution of the Kingdom of Thailand and the 2015 Public Assembly Act. The discussion also focused on comments on the draft General Comment that the participants may submit to the UN Human Rights Committee, and advocacy strategies to strengthen Thailand’s legal frameworks once the draft General Comment is adopted by the UN Human Rights Committee.
Participants identified challenges posed by in the implementation of certain domestic laws, particularly the Public Assembly Act, which may result in unnecessary and disproportionate restrictions on the right to freedom of peaceful assembly in Thailand. These included the lack of a clear definition of “an assembly”; identification of “no-go” zones for protestors; problems arising from the use of notification systems where a failure to notify the authorities of an assembly was used as basis to render participation in the assembly unlawful and for dispersing the assembly; and overbroad powers delegated to authorities to impose conditions for assemblies regulating the time, place and manner of assemblies.
At the meeting’s conclusion, participants considered ways of provided input on the draft General Comment to the UN Human Rights Committee. They also strategies to work to bring existing Thai laws in compliance with international laws and standards that regulating the right to freedom of peaceful assembly.
