Mar 26, 2019 | News
The ICJ condemns the sentencing of Venezuelan Judge Maria Lourdes Afiuni to a further five years of imprisonment.
On 21 March, a court in Caracas sentenced Judge Afiuni on unfounded charges of “corruption”.
“This further five-year sentence against Judge Afiuni is both the latest in a long series of severe violations of her human rights, and also illustrates the grave extent to which independence of the judiciary in Venezuela has been more broadly undermined,” said Matt Pollard, ICJ Senior Legal Adviser and UN Representative.
Judge Afiuni was arbitrarily arrested and detained in 2009 after then-President Hugo Chavez publicly demanded she be imprisoned for 30 years, as she had released an accused person citing a decision by the UN Working Group on Arbitrary Detention that his detention was unlawful.
While in detention, she was subjected to torture and other ill-treatment.
In 2010, the UN Working Group on Arbitrary Detention issued an opinion declaring Judge Afiuni Mora’s detention arbitrary.
She was held in prison for 14 months before being transferred to house arrest for health reasons in 2011.
In 2013 she was granted parole but ordered not to leave the country or to use social media.
The UN Special Rapporteur on the Independence of Judges and Lawyers reacted earlier today to the latest sentencing by reaffirming the arbitrariness of her deprivation of liberty and the fact that her treatment amounts to reprisals for having implemented the UN Working Group’s decision.
The Rapporteur also said that the ruling “underscored his serious concerns about the independence of the judiciary in Venezuela, the impartiality of judges and prosecutors and the pressures they faced in handling politically sensitive cases.”
Further background on the situation for the judiciary in Venezuela, and Judge Afiuni’s case, is available here.
Mar 12, 2019 | Advocacy, Non-legal submissions
The ICJ today highlighted threats to the rule of law in Turkey, Poland, Hungary and Azerbaijan, and the need to address corporate complicity in South Sudan, at the UN Human Rights Council in Geneva.The statement, delivered during general debate, read as follows:
“The situation remains grave for the rule of law and legal protection of human rights in Turkey and Poland.
In Turkey, constitutional reforms in 2017 that undermined the independence of the judiciary should be abolished. Civil society members are prosecuted under overbroad and vague terrorism offences.
In Poland, the Legislature is trying arbitrarily to remove one third of the Supreme Court, a measure that is on hold only temporarily. Unjustified disciplinary proceedings are also being pursued against Polish judges for having sought a ruling of the Court of Justice of the EU.
Elsewhere, in Hungary civil society is ostracized and subject to legislation that risks criminalizing their legitimate activities. In Azerbaijan, as one example of a broader pattern of interference with lawyers and other human rights defenders, lawyer Elchin Sadigov was reprimanded for advising in a confidential manner to his client in detention to complain about torture to which he allegedly had been subjected.
The ICJ is also concerned at the findings by the Commission on Human Rights in South Sudan (A/HRC/40/69, A/HRC/40/CRP.1) that point to the oil industry as a “major driver” in the continuation of the armed conflict and resulting human rights violations. Potential corporate complicity with crimes under international law demand investigation and a strong monitoring mechanism for the use of oil revenues should be established.”
Dec 2, 2018 | Events, News
On 1-2 December 2018, the International Commission of Jurists (ICJ) held its 2018 Southeast Asia Regional Judicial Dialogue on enhancing access to justice for women in the region.
Participants included judges from Cambodia, Indonesia, Nepal, Pakistan, Philippines, Sri Lanka and Thailand.
The discussions, held in Bangkok, were focused around resources important for judges to aid in enhancing the capacity of their peers in eliminating gender discriminatory attitudes and behaviours towards women in their work. These resources include a training manual on the use of the Bangkok General Guidance for Judges in Applying a Gender Perspective, and a draft reference manual on women’s human rights and the right to a clean, healthy, safe and sustainable environment.
Frederick Rawski, ICJ’s Director of the Asia and the Pacific Programme, opened the dialogue by emphasizing how important it is for judges to be gender sensitive in their delivery of justice. This could only be done by applying a framework that gives primary attention on ensuring recognition of the applicable human rights, institutional support for the promotion of these rights, and accountability mechanisms for their implementation.
Roberta Clarke, Commissioner of the ICJ and Chair of the organization’s Executive Committee, noted that this judicial dialogue demonstrates the ICJ’s commitment to have a sustainable contribution to the implementation of international human rights standards at the domestic level. She hoped that the judges could contextualize the resources presented and bring these back to their countries for trainings of their peers.
This judicial dialogue is part of a joint project on access to justice for women that ICJ is implementing with UN Women.
Anna Karin Jatfors, UN Women-Asia Pacific’s Interim Regional Director shared that gender stereotypes and social norms which discriminate women are not unique in each country. She pointed out the importance of the ICJ and UN Women collaborating in this project to deconstruct this image to bring better access to justice to women in the region.
Overall, the dialogue was rich and substantive, with the full and active participation from all participating judges who shared their views and experiences on countering gender discrimination in cases before them. At the end of the judicial dialogue, the participating judges expressed strong interest to use the resources for capacity building initiatives of their peers in their own countries.
Contact
Emerlynne Gil, Senior International Legal Adviser, t: +662 619 8477 (ext. 206), email: Emelynne.gil(a)icj.org
Oct 11, 2018 | News
The ICJ today condemned the appointment by President Andrzej Duda of 27 judges to the Supreme Court in place of those forcibly “retired” last July.
“These appointments are patently illegitimate and deal a severe blow to the rule of law in Poland,” said Róisín Pillay, Director of the ICJ Europe and Central Asia Programme.
The new appointments purport to replace the Supreme Court Justices including President of the Supreme Court Małgorzata Gersdorf, whose forced “retirement” is in clear violations of international standards on the security of tenure and independence of judges.
The decision of the President is even more concerning since it contravenes an order of the Supreme Court suspending the law under which these appointments were made, pending a decision by the Court of Justice of the European Union.
It is a fundamental tenet of the rule of law and principles on the independence of the judiciary that the executive respect decisions duly made by the judiciary.
“In announcing these appointments now, while cases on the forced retirement of Supreme Court judges are still pending at the EU Court, President Duda has disregarded the proceedings of the EU’s apex judicial body,” Róisín Pillay added.
The ICJ considers that the legality of the appointments of the new judges is further compromised by the role played by the now politicized National Council for the Judiciary, whose independence and impartiality has been seriously compromised following recent legislative amendments.
The ICJ urges the Polish authorities to cease all interference with the Supreme Court in carrying out its legitimate functions, and to reverse the measures taken to force the retirement of Supreme Court judges.
Background
This attack against the actions of the Supreme Court occurs amid a systematic undermining of the independence of the judiciary in Poland by the Polish executive and legislative authorities, which attempt to increase political influence in the judiciary and which the ICJ has repeatedly condemned.
Earlier this year Poland issued a new law on the Supreme Court that attempts to force the “retirement” of one third of the Supreme Court judges, including the First President, by lowering the mandatory retirement age for its judges from 70 to 65. This measure clearly contravenes international human rights law and standards.
The European Commission has launched an infringement procedure for lack of compliance of this law with EU law.
In the absence of satisfactory reforms by Poland, on 24 September, the Commission referred Poland to the Court of Justice of the European Union (CJEU) and asked for interim measures to restore Poland’s Supreme Court to its situation before 3 April 2018.
At the same time Supreme Court of Poland submitted a preliminary ruling request to the CJEU seeking its interpretation on the compliance of the legislation on retirement ages of judges with EU law, in particular with the prohibition of discrimination on grounds of age under Directive 2008/78.
Following the jurisprudence of the CJEU, the Supreme Court suspended the effect of national law on the forcible retirement of the judges.
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.
Aug 21, 2018 | News
The ICJ and its Polish Section (ICJ Poland) today expressed their support for the actions of the Supreme Court to defend the rule of law and the independence of the judiciary in Poland, including by recourse to the European Court of Justice (CJEU).
This happened in the face of repeated attack by political figures and authorities.
Preserving and safeguarding the independence of the courts is essential for the protection of human rights in Poland, the organizations said.
The ICJ and ICJ Poland urged the Polish executive and legislative authorities to cease all interference with the conduct of the Supreme Court in the carrying out of its legitimate functions.
The law on the Supreme Court that has led to the forced “retirement” of one third of the Supreme Court, including the President of the Court, Małgorzata Gersdorf, must be repealed and the judges reinstated in office, the ICJ and ICJ Poland stressed.
On 2 August, the Supreme Court of Poland took the welcome step, in accordance with European Union law, of submitting a preliminary ruling request to the Court of Justice of the European Union (CJEU) seeking its interpretation on the compliance of the recent legislation on retirement ages of judges with EU law.
Specifically, the Supreme Court enquired as to the legislation’s compliance with the principle of irremovability of judges and the prohibition of discrimination on grounds of age under Directive 2000/78. The Supreme Court has suspended the implementation of the law during the proceedings before the CJEU.
The ICJ and ICJ Poland condemn the attacks against the Supreme Court by political authorities, including President Andrzej Duda, who claimed that the suspension of the law’s implementation has no legal basis.
On the contrary, the Supreme Court of Poland acted in compliance with its duties under article 267 of Treaty of the Functioning of the European Union to raise a question concerning the interpretation of the Treaties and, in conformity with the case-law of the CJEU, to suspend the application of such measures which may violate the law of the European Union, pending resolution of the question.
The legislation raises serious issues of EU law, both in regard to protection of the rule of law under Article 2 of the TFEU, and in regard to discrimination on grounds of age.
This attack against the actions of the Supreme Court occurs amid a systematic undermining of the independence of the judiciary in Poland by the Polish executive and legislative authorities, which the ICJ, ICJ Poland, and judges of the global ICJ network have repeatedly condemned.
The organizations emphasize that irremovability of judges is one of the main pillars of judicial independence and therefore of the rule of law. 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.
