Poland: ICJ meets with First President of Supreme Court

Poland: ICJ meets with First President of Supreme Court

The ICJ met this week in Warsaw with the First President of the Polish Supreme Court, Małgorzata Gersdorf.

Róisín Pillay, Director of the ICJ Europe and Central Asia Programme, met with President Gersdorf to convey the support of the ICJ for the Court’s defence of the rule of law and the independence of the judiciary in Poland, in the face of government attacks.

The ICJ emphasized that a new law on the Supreme Court that attempts to force the “retirement” of 27 of the 72 Supreme Court judges, including the First President, by lowering the mandatory retirement age for its judges from 70 to 65 years, contravenes international human rights law and standards, including the right to a fair hearing.

The measure is contrary to the principle of the security of tenure of judges and therefore to the independence of the judiciary, as expressed in the UN Basic Principles on the Independence of the Judiciary.

In August, the Supreme Court submitted a preliminary ruling request to the Court of Justice of the EU (CJEU) seeking its interpretation on the compliance of the measure with EU law. The Supreme Court has suspended implementation of the law pending the proceedings before the CJEU.

The European Commission has recognized the current situation as undermining “the principle of judicial independence, including the irremovability of judges” and has triggered a procedure under Article 7 of the Treaty of the European Union that could ultimately lead to suspension of Poland’s EU voting rights.

The Commission has also launched infringement proceedings against Poland in respect of the law on the Supreme Court.

An ICJ letter  of 11 July 2018, signed by 22 senior judges from all regions of the world, urged the Polish government to act immediately to reinstate the forcibly retired judges in office.

 

ICJ Submission – upcoming UN report on administration of justice

ICJ Submission – upcoming UN report on administration of justice

The ICJ today made a submission for an upcoming report by the UN Secretary General on recent developments concerning human rights in the administration of justice.

In 2016, the UN General Assembly requested the Secretary General “to submit to the General Assembly at its seventy-third session a report on the latest developments, challenges and good practices in human rights in the administration of justice, including on efforts to ensure equal access to justice for all through the independent, impartial and effective administration of justice, and on the activities undertaken by the United Nations system as a whole”.

The UN is in the process of preparing the report, which will cover developments during the last two years since the previous report of the Secretary General.

The ICJ’s submission can be downloaded in PDF format here: UN-GA-AdminJustice-2018

The role of judges, lawyers and prosecuters in preventing human rights abuses

The role of judges, lawyers and prosecuters in preventing human rights abuses

The head of the ICJ’s Centre for the Independence of Judges and Lawyers, Matt Pollard, highlighted the role of judges, lawyers and prosecutors in preventing human rights abuses, at a UN expert workshop in Geneva.The Office of the UN High Commissioner for Human Rights (OHCHR) organised the expert workshop, 21 to 22 February 2018, to discuss the role and contribution of civil society organizations, academia, national human rights institutions and other relevant stakeholders in the prevention of human rights abuses, drawing on the conclusions and recommendations of OHCHR’s study on the prevention of human rights violations.

The workshop, mandated by the Human Rights Council resolution 33/6, covered topics such as: a framework approach to prevention; human rights education; abuses by private actors, national and regional practices, planning and monitoring tools; human rights impact assessments; and the role of UN institutions.

The presentation on the role of judges and lawyers can be downloaded in PDF format here: UN-ExpertMeeting-JudgesLawyersPrevention-2018

More information about the expert workshop is available by clicking here.

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