Oct 16, 2016 | News
On 15-16 October 2016, the ICJ held a Workshop for justice sector actors in Thailand’s deep South on “the Use of Telecommunication Evidence in Criminal Cases” for police, special investigators, prosecutors and lawyers.
The attendees included 30 public prosecutors, police and Department of Special Investigation (DSI) officials, 15 defense lawyers, and observers from the Thailand Institute of Justice (TIJ) and the Asia Foundation.
This is the sixth ICJ workshop related to strengthening the administration of justice in the deep South since 2011.
The objective of the workshop, held in Hat Yai, was to discuss how telecommunication information may be used as part of an effective criminal investigation, and the ways in which prosecutors, lawyers and judges should consider approaching the use of this kind of information as evidence at trial.
The Workshop observed a moment of silence for the passage of the late King Rama IX.
Kingsley Abbott, ICJ Senior International Legal Adviser, opened by saying that the use of telecommunication evidence is one tool that can be used in an effective investigation of serious criminal and security related cases followed by fair trials.
However, it is important to ensure that the acquisition and use of this information as evidence fully respects the right to privacy guaranteed by the International Covenant on Civil and Political rights (ICCPR) to which Thailand is a State Party.
The ICJ firmly believes that respect for human rights and the rule of law must be the bedrock in countering terrorism and violent crime.
Speakers at the Workshop included Judge Wasupatchra Jongpermwattanapol, Chief Judge of the Office of the Chief Justice Region 9; Mr Sophon Tipbamrung, Executive Director of the Special Office of Criminal Litigation 3, Region 9; Lt. Col. Thatphichai Chanwaranon, Deputy Superintendent of the Investigation Bureau, Southern Border Provinces Police Operation Center and national expert on the use of telecommunication evidence; and Mr Nigel Povoas, a British Barrister with experience leading high profile international serious and organized crime cases and an expert in the use of telecommunication evidence.
Background
Previous ICJ workshops in the deep South have included:
- The Protection of Victims in Criminal Cases (2015)
- The Principle of Inadmissibility of Evidence Obtained by Unlawful Means and Hearsay Evidence: International Standards Compared to Thai Law (2014)
- Rule of Law and Strengthening the Administration of Justice in the Context of Habeas Corpus in the Southern Border Provinces (2012)
- Rule of Law and Strengthening the Administration of Justice in the Context of Bail in the Southern Border Provinces (2012)
- Rule of Law and Strengthening the Administration of Justice in the Context of the Application of Emergency Laws in the Southern Border Provinces (2011)
Jun 9, 2016 | Agendas, News
The ICJ today conducts a training seminar organized in Ashgabat on international human rights obligations and national courts.
The seminar will be attended by judges of the Supreme Court, representatives of the Prosecutor General’s office, the Ministry of Justice, lawyers as well as representatives of other institutions.
ICJ commissioners and staff members will participate event, including Justice Azhar Cachalia, Justice Radmila Dicic, Professor Andrew Clapham.
The seminar is organised in cooperation with the EU.
Contact
Róisín Pillay, Director, Europe Programme, roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, Europe Programme, temur.shakirov(a)icj.org
May 10, 2016 | News
The ICJ today expressed concern at the disbarment proceedings against lawyer Muzaffar Bakhishov that are taking place before the Narimanov district court.
The ICJ calls for the disbarment proceedings to respect international standards on the role of lawyers and to ensure that no sanction is imposed contrary to the right to freedom of expression, as guaranteed under international law.
The ICJ understands that the proceedings against Mr Bakhishov, following a recommendation for disbarment by the Plenum of the Bar Association, are related to critical statements he made in a media interview with the news website moderator.az on the functioning of the Azeri judiciary with regard to judicial review of detention.
In the interview, he criticized the arrests of large number of persons by officers of the Ministry of National Security and the tendency of judges to approve orders of detention without proper scrutiny. He further raised concerns about lack of accountability of judges for failure to protect against arbitrary detention.
Under international law and standards, lawyers, like other individuals, enjoy the right to freedom of expression, including in regard to their professional role. Protection of lawyers’ right to freedom of expression is not only important to the individuals in question. It also serves to safeguard the important public function played by lawyers in a democratic society to comment on matters related to the rule of law and the administration of justice. Lawyers must be able to carry out these and their other professional functions without interference or intimidation.
The right to freedom of expression is protected in international human rights law, including by article 19 of the International Covenant on Civil and Political Rights (ICCPR) and article 10 of the European Convention on Human Rights (ECHR). Azerbaijan is party to both of these treaties.
The UN Basic Principles on the Role of Lawyers specify that lawyers “…shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights …” The European Court of Human Rights has emphasized that lawyers are entitled to comment in public on the administration of justice, provided that their criticism does not overstep certain bounds, based on principles of dignity, honour, integrity, and respect for the fair administration of justice.
The ICJ considers that disciplinary proceedings against lawyers, solely for expressing criticism of the conduct or functioning of the judiciary, whether in the course of court hearings or elsewhere, constitute an unjustified interference with freedom of expression. As the European Court of Human Rights has noted in Maurice v. France, this is particularly the case where the allegations have been presented in good faith and are substantiated by evidence.
Azerbaijan-BakhishovDisbarment-Statement-2016-AZE (download statement in Azeri)
Contact:
Massimo Frigo, Legal Adviser of the ICJ Europe Programme, t: +41 22 9793805, e-mail: massimo.frigo(a)icj.org
Apr 7, 2016 | News
The Malaysian government should reject a proposal to make the Attorney General automatically the chair of the Bar Council of Malaysia, the ICJ said today.
The Malaysian Bar must remain independent and the government should not entertain this or any other measure that would compromise this independence, the ICJ says.
Yesterday, during the debate session at the Dewan Rakyat (Lower House of the Malaysian Parliament), parliamentarian Datuk Datu Nasrun Datu Mansur suggested that the Attorney General should be automatically appointed as the chairman of the Bar Council of Malaysia.
Datuk Datu Nasrun Datu Mansur made the suggestion while criticizing the Bar Council for its role in demanding greater government accountability.
“This latest proposal is just the most recent attempt by the government to silence all opposition and to weaken the rule of law,” said Emerlynne Gil, ICJ’s Senior Legal Adviser for Southeast Asia.
“First the government weakened the independence of the judiciary, and now it is going after the lawyers who are standing up for justice and accountability,” she added.
Responding to the suggestion, Law Minister Nancy Shukri said that the government will look into this, noting that amendments need to be made to the Legal Profession Act 1976 for this measure to be adopted.
“International standards on the independence of lawyers state very clearly that governments should not interfere with the work of professional associations of lawyers like the Malaysia Bar,” said Gil.
The United Nations Basic Principles on the Role of Lawyers stipulate that lawyers have the right “to form and join self-governing professional associations to represent their interests, promote their continuing education and training, and protect their professional integrity,” the ICJ reminds.
Furthermore, the Basic Principles distinctly state that “the executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference.”
“An independent and self-regulated bar association is important to safeguard the professional interests and integrity of lawyers in Malaysia,” Gil said.
“It acquires specific importance especially now in Malaysia where there have been questions regarding the way justice is being administered in the country,” she added.
The Malaysia Bar is an essential agent in the administration of justice and hence, the lawyers belonging to it play a key role in supporting and calling for law and justice sector reform in the country, the ICJ further says.
Contact:
Emerlynne Gil, Senior International Legal Adviser for Southeast Asia, t: +66 840923575 ; e: emerlynne.gil(a)icj.org
Background:
The Malaysia Bar passed a motion last month during its 70th Annual General Assembly calling for the resignation of Attorney-General Tan Sri Mohamed Apandi Ali because he summarily ended the investigation of alleged corruption by Prime Minister Najib Razak.
The Prime Minister appointed Attorney-General Apandi on 27 July 2015, in the midst of the corruption investigation.
Attorney General Apandi subsequently cleared Prime Minister Najib Razak of any criminal wrongdoing and instructed the Malaysian Anti-Corruption Commission to close the investigations.
According to the ICJ, the motion passed by the Malaysia Bar calling for the resignation of the Attorney General was within its mandate as an independent professional association of lawyers, seeking as it did to draw attention to how administration of justice is being jeopardized right now.
The UN Basic Principles specifically recognize the right of lawyers to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights.
The UN Human Rights Council has unanimously affirmed that “an independent legal profession” is among the “essential prerequisites for the protection of human rights, the rule of law, good governance and democracy, and for ensuring that there is no discrimination in the administration of justice”. Such independence should be respected in all circumstances.
Apr 6, 2016 | News
Newly appointed Myanmar Attorney General U Tun Tun Oo must commit to strengthening the rule of law and respect for human rights in the country, said the ICJ today.
U Tun Tun Oo (photo) has been one of the Deputy Attorney-Generals in the Union Attorney General’s Office since 2006.
“U Tun Tun Oo is taking over a post that is Myanmar’s most powerful legal officer. He plays a complex role, at once a member of the Executive, adviser to the President and the Hluttaw, the authority drafting and amending laws,” said Sam Zarifi, ICJ’s Asia Director. “As an immediate matter, he should review all political cases and stop the harassment of human rights defenders.”
The Attorney General represents the government in judicial proceedings and advises the cabinet on the legality of its actions.
He also leads Prosecutors in the country, and thus has the authority to select, initiate and undertake investigations into criminal and politically sensitive cases.
The Attorney General is also the president of the country’s only officially recognized Bar Association.
The Attorney General is, in effect, the minister of justice, and as such has controlled much of the work of the judiciary, too.
The Union Attorney General’s Office has historically followed the interests of the military and impeded an independent judiciary, the ICJ notes.
It has been criticized for failing to tackle major problems such as corruption and human rights abuses while continuing to prosecute human rights defenders and political opponents.
“Within the Union Attorney General’s Office, prosecutors must act with integrity in an independent, impartial and objective manner and in the protection of the public interest”, said Zarifi.
“Prosecutors must exercise sound discretion in the performance of their functions. They must seek justice, without fear of favour, not merely convict.”
“The Attorney-General’s Office must not shy away from prosecutions that will combat impunity,” he added.
The Union Attorney General’s Office launched its Strategic Plan for 2015-2019, establishing important benchmarks for measuring the institution’s development.
The Strategic Plan acknowledges the public’s low confidence in the office and commits the office to the rule of law, human rights, fair trials, prosecutorial ethics and accountability, in accordance with international standards.
“The Union Attorney General’s Office must investigate and prosecute criminal offences, including gross human rights violations and abuses, with impartiality. The Union Attorney General’s Office must be free from unwarranted interference from the legislative and the executive branches of government. Likewise, it must not interfere with judges or lawyers in an independent judiciary,” Zarifi said.
Contact:
Sam Zarifi, ICJ Regional Director for Asia and the Pacific, t: +66807819002; e: sam.zarifi@icj.org
Vani Sathisan, ICJ International Legal Adviser for Myanmar, t: +95(0)9250800301; e: vani.sathisan@icj.org
Additional information:
Under international standards, prosecutors are required to “respect and protect human dignity and uphold human rights” and “give due attention to the prosecution of crimes committed by public officials, particularly corruption, abuse of power, grave violations of human rights and other crimes recognized by international law.” These principles are set out in the United Nations Guidelines on the Role of Prosecutors.
An exposition and analysis of international law and standards are available in English and Myanmar language in the ICJ’s authoritative Practitioners’ Guide on the Independence and Accountability of Judges, Lawyers and Prosecutors.
