Sep 26, 2016 | Advocacy, Non-legal submissions
The ICJ today at the UN Human Rights Council, joined other organisations to condemn the increasing attacks aimed at deterring NGOs from exposing human rights violations.
The statement was delivered by the leading international NGO the International Service for Human Rights (ISHR), on behalf of ICJ, Amnesty International, Asian Forum for Human Rights and Development (FORUM-ASIA), Centros de Estudios Legales y Sociales (CELS), Conectas Direitos Humanos, East and Horn of Africa Human Rights Defenders Programme (EHAHRDP), and Gulf Centre for Human Rights (GCHR), during a general debate on Follow up to the Vienna Declaration and Programme of Action (VDPA).
The organisations stated as follows:
“The failure of States to protect in these instanes is incompatible with the VDPA’s recognition of the ‘important role of non-governmental organisations in the promotion of all human rights’, that NGOs should be able to play this role ‘without interference’, and that they ‘enjoy the rights and freedoms recognised in the Universal Declaration of Human Rights’.
One example of such interference is the ruling on 17 September by a Cairo Criminal Court to freeze the personal bank accounts of five Egyptian human rights defenders – Bahey el din Hassan, Hossam Bahgat, Gamal Eid, Mostafa El-Hassan, and Abdel Hafiz Tayel – as part of the ongoing investigations into case no.173, also known as the foreign funding case.
The court also froze the bank accounts of three human rights NGOs: the Cairo Institute for Human Rights Studies, Hisham Mubarak Law Center, and Center for the Right to Education.
As a result, a judicial committee is now expected to manage the funds of these independent NGOs and defenders, as well as have full access to their records and databases of the NGOs, including files related to victims of human rights violations.
The VDPA makes clear that the ‘administration of justice, … especially, an independent judiciary and legal profession in full conformity with applicable standards contained in international human rights instruments, are essential to the full and non-discriminatory realization of human rights’.
To illustrate: In Egypt, the judiciary has been used as a tool in the ongoing crackdown on civil society, systematically failing to respect fair procedures. None of the individuals or organizations accused have thus far been permitted to view their entire case file, nor to present their defense before the investigative judges. Further, the court relied for its verdict on allegedly falsified investigations compiled by Egypt’s National Security Agency (NSA), and disregarded all material evidence presented by the defendants.
Such systematic attacks on civil society are not only illegal, but ill-advised and absolutely inimical to a State’s national interests, peace and prosperity.
We call on Egyptian authorities to immediately and unconditionally reverse the ruling and drop the investigation into case no. 173. We also stress that Egyptian human rights defenders need the support of this Council, particularly those States that have repeatedly expressed their commitment to protecting HRDs. We urge States to demonstrate their genuine leadership in this regard.”
Sep 19, 2016 | Advocacy, Non-legal submissions
The ICJ today expressed concern at the UN for the independence of the judiciary, human rights, and the rule of law in Turkey, highlighting measures taken by the government, almost immediately after a failed coup in July, to suspend or dismiss thousands of judges and prosecutors.
The statement, which was delivered in General Debate on country situations, at the UN Human Rights Council in Geneva.
The statement read as follows:
The International Commission of Jurists (ICJ) wishes to draw the Council’s attention to the crisis of the rule of law in Turkey, and its serious consequences for the protection of human rights.
Within hours of the failed coup attempt in July, the Government initiated a purge of the judiciary on an unprecedented scale.
At least 3,300 judges and prosecutors have been dismissed or suspended, and hundreds have been arrested, including members of the High Council for Judges and Prosecutors.
Many of these measures appear to be arbitrary and fail to respect the right to a fair hearing before an independent authority.
These actions have done severe damage to the already fragile independence of the judiciary in Turkey, and threaten the right to a fair trial.
They represent a dramatic escalation of the attack on judicial independence that was already underway before the attempted coup, documented in an ICJ report published in June.
State-of-emergency decrees further undermine protection of human rights.
Periods for pre-trial detention have been extended and detainees’ confidential access to lawyers has been restricted. There are credible reports of ill-treatment of detainees, and of harassment of lawyers representing them.
The ICJ recalls that certain rights, including the prohibition on torture or other ill-treatment, and essential elements of the prohibition of arbitrary detention and right to a fair trial by an impartial tribunal, can never be derogated from, even in the most serious states of emergency.
The ICJ urges Turkey to take measures to restore the rule of law and ensure respect for human rights under the state of emergency.
The statement may be downloaded in PDF format here: hrc33-oralstatement-gditem4-turkey-2016
Jun 16, 2016 | Advocacy, Non-legal submissions
The ICJ today delivered a statement at the UN Human Rights Council, on judicial accountability, and attacks on lawyers. The ICJ made the statement on behalf of a group of eight NGOs, including professional organisations of judges and lawyers.
The statement, read out by Swaziland lawyer Thulani Maseko during the Interactive Dialogue with the UN Special Rapporteur on the Independence of Judges and Lawyers, read as follows:
Madame Special Rapporteur on the Independence of Judges and Lawyers,
Our organizations strongly support your mandate. An independent judiciary and legal profession are essential to the rule of law and to the effective protection of human rights.
Independence and impartiality of the judiciary require integrity of individual judges and judicial institutions. Accordingly, there must be accountability for judicial corruption and judicial involvement in human rights violations.
Accountability mechanisms must themselves be independent, fair and transparent, in order to ensure they do not undermine the independence of the judiciary and that victims and the broader population see them as credible and accessible.
We note in this regard the International Commission of Jurists’ newly published Practitioners’ Guide on Judicial Accountability, and the International Bar Association’s recent report on Judicial systems and Corruption.
We also must highlight the growing problem of repression of lawyers who act in cases perceived to have human rights or political aspects, including through: harassment, suspension or disbarment; arrest, detention, unfair trial, and arbitrary imprisonment; torture or other cruel, inhuman or degrading treatment, enforced disappearance, or even unlawful killings.
This is inconsistent with the UN Basic Principles on the Role of Lawyers and incompatible with the rule of law. It violates the rights of individual lawyers and undermines the independence of the legal profession. It denies the rights of the people the lawyers are trying to protect.
Among current examples, the scale and depth of repressive measures against lawyers and HRDs in China is particularly stark, but similar concerns arise in, for instance, Egypt, Turkey, Thailand, Azerbaijan, Malaysia, Tajikistan, and Vietnam. (I myself was arbitrarily imprisoned in my own country Swaziland, for publicly expressing my opinions about judicial misconduct.)
We accordingly will urge lawyers, legal professional associations and others around the world to respond to the questionnaire you have prepared for your upcoming General Assembly report on the legal profession.
I thank you.
The following organizations joined or otherwise supported the statement:
The statement may be downloaded in PDF format here: HRC32-OralStatement-JudicialAccountabilityLawyers-2016
Jun 13, 2016 | Events
Who judges the judges?
Accountability for judicial corruption and judicial complicity
Side Event Tuesday 14 June 2016, 14:00 – 16:00
Room XXIII, Palais des Nations, Geneva.
The International Commission of Jurists (ICJ) and the International Bar Association (IBA) organised a side event to the 32nd session of the Human Rights Council, on the topic of accountability for judicial corruption and judicial involvement in human rights violations.
The well-attended event considered the need for judicial accountability, and different options for effective mechanisms and procedures of accountability. Recommendations for ordinary situations were complemented with reflections on circumstances of transitions where the judiciary have been deeply implicated in the violations of the previous regime, as well as particular challenges in developing countries.
At the event the ICJ launched its new Practitioners’ Guide on Judicial Accountability, and the IBA presented the recent report of its Judicial Integrity Initiative on Judicial systems and Corruption. Print copies of both publications were distributed.
A panel discussion also featured the UN Special Rapporteur on the independence of judges and lawyers, as well as Thulani Maseko, a lawyer from Swaziland who was subjected to prolonged arbitrary detention and imprisonment by judges in Swaziland, for speaking publicly about judicial misconduct in the country.
Speakers:
- Mónica Pinto Special Rapporteur on the independence of judges and lawyers
- Thulani Maseko Lawyer, Swaziland
- Jane Ellis, Director, Legal & Policy Research Unit, International Bar Association
- Matt Pollard, Centre for the Independence of Judges & Lawyers, International Commission of Jurists
In addition to the ICJ and IBA, side event co-sponsors included:
- The Permanent Mission of Hungary to the UN
- Commonwealth Magistrates’ and Judges’ Association
- Commonwealth Lawyers Association
- Rechters voor Rechters (Judges for Judges), Netherlands
- International Legal Assistance Consortium
The ICJ Practitioners’ Guide on Judicial Accountability, and the research and consultations on which it is based, was made possible with the financial support of the Republic and Canton of Geneva and the Ministry of Foreign Affairs of Finland.
For more information, please contact Matt Pollard.
ICJ Practitioners’ Guide No. 13 on Judicial Accountability
The ICJ’s Practitioners’ Guide No. 13 on Judicial Accountability aims to help practitioners ensure accountability for serious judicial misconduct, such as corruption or complicity in human rights violations, while preserving the independence of the judiciary.
It focuses on international standards on accountability mechanisms and procedures, illustrated by practical examples. It addresses not only the accountability of individual judges, and the accountability of judiciary as an institution, but also State responsibility under international law, particularly in relation to harm caused to victims of violations by judges.
The Guide was greatly informed by discussions among eminent judges and lawyers from around the world, convened by the ICJ Centre for the Independence of Judges & Lawyers, in Tunisia in October 2015 , and in Geneva in December 2015.
Among the topics covered by the new ICJ Guide are:
- The obligation to ensure an independent, impartial and accountable judiciary.
- The forms of judicial accountability, including:
- Remedy and reparation for victims,
- The responsibility of the State,
- Removal from office, disciplinary sanctions, and other administrative measures,
- Criminal responsibility, and
- The right to the truth.
- The structure and elements of accountability bodies, such as:
- Review of decisions through appeal or judicial review,
- Judicial councils,
- The ordinary courts,
- Parliamentary procedures,
- Ad hoc tribunals,
- Anti-corruption bodies,
- Civil society monitoring and reporting,
- National human rights institutions,
- Professional associations,
- International accountability mechanisms.
- Procedural issues, including:
- Necessary powers for accountability mechanisms,
- Procedural rights of the judge,
- Procedural rights of complainants and victims,
- Publicity and transparency,
- Procedures for lifting judicial immunity,
- Temporary suspension during proceedings, and
- Selective enforcement for improper purposes.
- Mechanisms in exceptional circumstances, such as transitions from undemocratic or authoritarian regimes, including:
- Truth commissions,
- Vetting, and
- Mass removal and re-application.
- Particular challenges in relation to developing countries.
Dec 16, 2015 | Events, News, Video clips
More than 40 senior judges and lawyers from all parts of the world have made an important contribution to efforts to hold judges accountable for involvement in human rights violations and judicial corruption, by participating in the sixth annual ICJ Geneva Forum of Judges & Lawyers.
The Geneva Forum is organized annually by the ICJ’s Centre for Independence of Judges & Lawyers (CIJL) and brings together judges, lawyers and prosecutors from around the world, together with UN officials and representatives from international professional associations of legal professionals, as well as academics and other experts.
This year’s Geneva Forum (14-15 December) formed part of a larger CIJL project to promote judicial accountability, through sharing of knowledge about relevant international standards and international and national good practices, between the judiciary, other legal actors, and governments and civil society around the world.
The focus of the project is on judicial involvement in human rights violations such as unjust executions, prolonged arbitrary detention including imprisonment after deliberately unfair trials, judges providing impunity to perpetrators or enforced disappearance and torture, as well as judicial corruption that leads to human rights violations.
Victims of such violations have the right to remedy and reparation, including in relation to the role of judges, and society as a whole should be able to be confident that those responsible for such judicial misconduct will be held to account.
The two days of intense and detailed discussion and debate, at times practical and at times passionate, identified wide areas of agreement amongst participants, as well as areas of divergence and questions requiring further study and deliberation. Topics covered included:
- the composition and character of accountability bodies (and particularly, the importance of judge-led processes that at the same time may benefit from involvement of representation of the legal profession, legal academia, and general public – while excluding undue influence from the Executive or Legislative branches of government);
- the practicalities of bringing criminal proceedings against judges;
- the role of national, regional and international professional associations;
- possible options in situations of transition to democracy where the judiciary on the whole may have been an instrument of repression of the prior regime, or situations of pervasive corruption, or conflict or post-conflict situations;
- particular considerations in relation to judicial accountability in developing countries;
- the powers and methods for gathering of evidence of judicial misconduct;
- the rights of individual judges and of alleged victims of judicial misconduct;
- the role of publicity and transparency in judicial accountability processes;
- the inclusion of safeguards against the abuse of judicial accountability mechanisms for ulterior motives, including political interference that undermines the independence of the judiciary;
- and practical means for ensuring that mechanisms and procedures, once established, operate effectively and fairly in practice.
The Forum follows a smaller expert consultation meeting convened in Tunisia in October focussing on judicial accountability in developing countries where, it is widely recognized, the negative impacts of corruption on human rights are deepest and most widespread. A report of the Tunis consultation is available here.
The Geneva Forum and Tunisia consultation are an opportunity for direct sharing of experience and expertise between practitioners, strengthening their capacity to carry out effective judicial accountability work in their own regional and national contexts, and to further disseminate this knowledge to others.
It is also an opportunity to discuss possible global strategies for promoting more effective and fair judicial accountability mechanisms and procedures.
The exchanges between leading judges and lawyers at the Geneva Forum and Tunis consultation will also directly feed into an ICJ Practitioners Guide on Judicial Accountability, with global legal, policy and practical guidance, to be published in June 2016. (Update 7 June 2016 – the Guide has now been published and is available here.)
The Practitioners Guide will be printed, published electronically, and distributed as a foundation for subsequent work by the ICJ and others at the national and regional level, from 2016 onwards, including in development-assistance recipient countries. It will join a series of Practitioners Guides published by the ICJ (nine to date, no. 10 and 11 to be published very soon), which have proved to be leading reference guides and training materials in the field of legal protection of human rights and the rule of law.
The developing countries consultation in Tunisia, and participation of practitioners from developing countries in the global Geneva Forum, will help to ensure that the Practitioners Guide is relevant to and has impact in ODA recipient countries.
The ultimate aim of the work of the CIJL, including the 2015 Geneva Forum on judicial accountability and the eventual Practitioners Guide, is to improve access to independent and impartial justice for victims of human rights violations, corruption and similar abuses, including when the judiciary itself has been involved in the wrongdoing.
The 2015 Geneva Forum, and the earlier Tunisia consultation, have been made possible with the support of the Republic and Canton of Geneva, as well as the Ministry of Foreign Affairs of Finland. The ICJ is also grateful for the assistance of the Geneva Welcome Centre (CAGI).
The list of participants to this year’s Geneva Forum is available here: Participants list (public)
The report of the Tunis consultation is available here: Universal-Tunis Consultation-Publications-Seminar and Conference Report-2016-ENG
Information about previous years’ events and publications is available here: Geneva Forum Homepage
A 2000 CIJL Yearbook focussing on Judicial Corruption is available here: 2000 CIJL Yearbook Judicial Corruption
Voices from the Geneva Forum:
