ICJ urges the government and Nepal army to respect civilian jurisdiction in the case of Maina Sunuwar

ICJ urges the government and Nepal army to respect civilian jurisdiction in the case of Maina Sunuwar

The ICJ today urged action by the Government to ensure respect for civilian jurisdiction in the Maina Sunuwar case.

The Nepal Army has acknowledged that Maina Sunuwar died following prolonged torture at the Nepal Army’s Birendra Peacekeeping Training Centre in Panchakhal on 17 February 2004.

However, it has refused to recognize civilian court jurisdiction as established by the Supreme Court’s September 2007 decision, and to surrender Major Niranjan Basnet to the Kavre District Court pursuant to a 31 January 2008 arrest warrant.

Nepal-civilian jurisdiction-press release-2010 (full text, PDF)

UN Human Rights Council: military jurisdiction inadequate for ensuring justice in Mexico

UN Human Rights Council: military jurisdiction inadequate for ensuring justice in Mexico

The ICJ and other human rights groups underscored the rejection by the international human rights bodies of the use of military prosecutors and courts in cases involving abuses against civilians in Mexico.

The organizations said that the jurisdiction of military courts should be limited to offenses that are strictly military in nature. It was pointed to the practices by the Mexican military prosecutors and courts that routinely investigate members of the military accused of committing human rights violations, which violate Mexico’s obligations under international law and appear to contravene Article 13 of Mexico’s Constitution.

Mexico-Joint Oral statement-non-legal submissions-2009 (full text, PDF)

USA: reinstituting military commissions wrong way out

USA: reinstituting military commissions wrong way out

“Reviving Military Commissions is a setback for the rule of law. It will entrench a fundamentally flawed system with some amendments and set a terrible precedent to the rest of the world.”

“We need a clear break with the past and the laws and policies grounded in the ill-conceived concept of a ‘war on terror’,” said Wilder Tayler, Acting ICJ Secretary General.

The comment comes as the US administration announced that it would revive the suspended military commission system to try certain detainees presently held in Guantánamo Bay.

According to this information the administration will introduce amendments to the Military Commission Act (MCA) 2006 increasing legal protections, including the prohibition of evidence obtained by torture and cruel, inhuman and degrading treatment and the introduction of greater choice of legal counsel.
United States-Reinstituting military commission wrong way out-Press releases-2009 (full text, PDF)

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