Feb 10, 2021 | News
The ICJ and the Lebanese Center for Human Rights (CLDH) are deeply concerned about the role of the military in the arrest, detention and referral for prosecution by military courts of dozens of civilians in Tripoli.
The military’s crackdown has taken place in the context of ongoing protests in the city against a dire economic situation exacerbated by the nation-wide lockdown imposed by the government with the stated intention of combatting the COVID-19 pandemic.
“Under the Rule of Law, the military has no business policing demonstrations, detaining protesters or prosecuting civilians,” said Said Benarbia, the ICJ’s Middle East and North Africa Programme Director. “Instead of addressing the legitimate grievances of those protesting, the Lebanese government is using the military to silence dissenting voices by arresting and sending protestors for trial before military tribunals.”
While the military reported the arrest of five individuals on 27 January, five on 29 January and another 17 on 31 January, for, among other things, allegedly engaging in “rioting,” “vandalism” and “obstruction of civil defence,” other sources suggest at least 58 civilians were arrested by the military in connection with the above-mentioned protests in Tripoli. The whereabouts of many detainees remained undisclosed for days following their arrest. According to lawyers, the military’s Office of Public Prosecution has referred at least 14 individuals to a military Investigating Judge.
The ICJ and CLDH call on the Lebanese authorities to ensure that the military plays no role in policing the ongoing protests and in other law enforcement functions that are properly the sole responsibility of civilian law enforcement agencies. The military courts’ jurisdiction, in particular, must be confined exclusively to the commission of military offences by military personnel and, in turn, totally exclude the possibility of prosecuting civilians, as well as cases involving the perpetration of human rights violations by military personnel.
Referrals by the military’s Office of Public Prosecution follow an increasing, worrying trend of trying those involved in anti-government protests before military courts, which are neither independent nor impartial, and whose procedures do not comply with international fair trial standards.
“Lebanon’s military tribunals have a grim history of unfair trials and politicized proceedings against those suspected of opposing the government,” said Fadel Fakih, CLDH’s Executive Director. “If faith in the Lebanese justice system is to be restored, the jurisdiction of military tribunals must be fully reformed,” he added.
In a 2018 briefing paper entitled “The Jurisdiction and Independence of the Military Courts System in Lebanon in Light of International Standards,” the ICJ called on the Lebanese authorities to enhance the independence and impartiality of military courts, ensure the fairness of their procedures, and restrict their jurisdiction to cases involving members of the military for military offences.
Contact
Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41 22 979 38 17; e: said.benarbia(a)icj.org.
Fadel Fakih, Director of the Lebanese Center for Human Rights, t +961 81 065 041; e: ffakih(a)cldh-lebanon.org
Download
Lebanon-Military-Courts-COVID19-Press-Release-2021-ENG.pdf (English)
Lebanon-Military-Courts-COVID19-Press-Release-2021-ARB.pdf (Arabic)
Nov 26, 2020 | Advocacy, News
Today, the ICJ joined other NGOs in condemning the Thai police’s use of force against peaceful protesters marching to the national parliament in Bangkok on November 17, 2020.
The statement reads:
We, the undersigned organizations, condemn the Thai police’s unnecessary and excessive use of force against peaceful protesters marching to the national parliament in Bangkok on November 17, 2020. We are concerned that authorities could employ similar measures when facing protesters who have declared they will march to the Siam Commercial Bank headquarters on November 25.
On November 17, police set out barriers and barbed wire to prevent a peaceful march organized by pro-democracy movements from reaching the parliament. Protesters planned to protest outside the parliament as members of parliament and senators debated seven different proposals for constitutional amendments, including an amendment proposed by the lawyers’ non-governmental organization iLAW (Internet Law Reform Dialogue), which was supported by the People’s Movement and its allies. Police refused to let protesters through the barriers, and when the demonstrators acted to breach those barriers, police crowd control units used water cannons laced with purple dye and an apparent teargas chemical, as well as teargas grenades and pepper spray grenades, to forcibly disperse thousands of demonstrators, including students, some of whom are children. Water cannons were first used at approximately 2:25 pm and police continued their efforts to disperse protesters, with constant use of water cannons, teargas and pepper spray into the evening.
Police also failed to prevent violence between pro-democracy protesters and royalist “yellow shirts” near the Kiak Kai intersection, near the parliament. Initially, riot police separated the two groups. However, video posted on social media later showed police officers informing the royalist protesters that they would withdraw and seconds later they vacated their position between the two groups. During the ensuing skirmishes, both sides were filmed throwing rocks and wielding clubs. Live broadcasts included sounds that appeared to be gunfire.
The Erawan Medical Centre reported that there were at least 55 protesters injured, mostly from inhaling teargas. It also reported that there were six protesters who suffered gunshot wounds. The injured included children: a kindergartener and elementary school students.
Although some pro-democracy protesters engaged in violent conduct in responding to royalist protesters, we emphasize that the overwhelming number of protesters were entirely peaceful. Furthermore, we wish to emphasize that while specific participants of an assembly who engage in violence are subject to a response that is lawful, strictly necessary and proportionate, they also retain all other human rights including the right to life, to security of person and to freedom from torture and other cruel, inhuman or degrading treatment or punishment.
International human rights law, as expressed in the International Covenant on Civil and Political Rights (ICCPR), which Thailand acceded to in 1996, protects the rights to freedom of expression (article 19) and peaceful assembly (article 21). But Thai authorities have routinely enforced censorship and stifled public assemblies, meetings, and discussions about human rights, political reforms, and the monarchy’s role in society.
In General Comment 37, which sets out the content Thailand’s legal obligations in guaranteeing the right of peaceful assembly, the United Nations Human Rights Committee—the body responsible for interpreting and applying the ICCPR—made clear that there is a presumption in favor of considering assemblies to be peaceful. Isolated acts of violence by individuals should not be attributed to others, to the organizers, or to the assembly as such. While the right of peaceful assembly may in certain cases be limited, the onus is for the State to justify any restrictions, which must pass the tests of legality, legitimacy, and necessity and proportionality.
Read the full statement in English and Thai.
Oct 21, 2020 | News
The ICJ calls on the Belarus authorities to revoke the disbarment of lawyer Aleksandr Pylchenko and to end harassment or other interference with the work of lawyers in the country.
His disbarment appears to be arbitrary and in violation of rights to freedom of expression as well as international standards on the role of lawyers.
The decision of 15 October 2020 of the Ministry of Justice to disbar the lawyer is clearly related to his work in defence of human rights and his representation of clients, including, opposition leaders or protesters.
This disbarment is part of a pattern of increasing obstruction of lawyers who represent those associated with recent protests in Belarus, including through arrests and detention of lawyers, and prevention of their access to clients.
Aleksandr Pylchenko represented Viktor Babariko and Maria Kolesnikova, two leaders of the opposition in Belarus.
Disbarment proceedings against Mr Pylchenko started as a result of his public criticism of the response of the law enforcement authorities to claims of ill-treatment of protesters.
On 14 August 2020, in a media interview Mr Pylchenko called on the Prosecutor General’s Office to take action, in particular to launch criminal investigations into the ill-treatment of protesters by the police and to remove the Minister of Interior and other officials from their posts because of their involvement in human rights violations.
According to the Ministry of Justice, Mr Pylchenko called for “illegal actions, including blocking and disarming military units” and his statements “mislead the public about the powers of state bodies and do not comply with procedural norms”.
Belarus has obligations under international law to protect the right to freedom of expression (Article 19 ICCPR). Lawyers have a particular role in publicly raising concerns about violations of the human rights of their clients, or problems in the justice system that lead to violations of human rights.
The UN Basic Principles on the Role of Lawyers affirm that lawyers, like others, are entitled to freedom of expression and in particular, 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.
Furthermore, the UN Basic Principles on the Role of Lawyers provide that governments must ensure that lawyers ‘are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference”. (Principle 23). Lawyers should not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics (Principle 16). They should never be identified with their clients’ causes.
Background:
Following the presidential elections of 9 August 2020 in Belarus, widespread protests across Belarus took place.
On 18 June and 7 September 2020, Victor Babaryka and Maria Kolesnikova, opposition leaders in Belarus, were detained.
There are reports that defence lawyers were denied access to those arrested including in high-profile cases, such as the case of the former presidential candidate Victor Babaryka whose lawyer was not allowed to see his client in the detention centre for significant period of time.
On 9 September 2020, lawyers Ilya Salei and Maxim Znak, were detained allegedly on politically motivated charges.
On 25 September 2020, the Minsk city Oktyabrsky District Court sentenced Luidmila Kazak, lawyer of Maria Kolesnikova, to a fine (220 Euro) for “disobeyance to a lawful order” of a police officer (Article 23.4 of the Code of Administrative Offences). The lawyer stated that the arrest and administrative fine are connected to her legal representation of the opposition leader Maria Kolesnikova.
The ICJ has previously called on Belarus to comply with its international human rights obligations, including by releasing those arbitrarily detained and ceasing abusive prosecutions as well as harassment of lawyers.
Sep 18, 2020 | News
Today, the ICJ called upon the responsible authorities to ensure that prompt, transparent, thorough, impartial and effective investigations are carried out of allegations of extrajudicial killings and other serious human rights violations by the Colombian police during recent street protests.
The ICJ stressed that any official responsible should be prosecuted and brought to justice and victims of any violations be provided an effective remedy and reparation.
From 9 September to 10 September 2020, mass protests against serious human rights violations by Colombian police took place in Bogota, following the death of Javier Ordóñez. Ordoñez died in police custody after he had been subjected to severe ill-treatment, including by prolonged taser shock.
The protests were met with acts of unlawful, unnecessary and disproportionate use of force by police. The protests left 13 people dead, and more than 200 injured.
The incidents have been condemned by the Inter-American Commission on Human Rights (IACHR), which pointed to allegations of unlawful detention and ill-treatment of persons arrested following the demonstrations. The UN High Commissioner for Human Rights has also expressed concern at the allegations the use of excessive force during the protests.
According to witness accounts, police opened fire against people who were protesting peacefully. Some of the victims killed were said to be people who had not taken part in the protests and died due to stray bullets. Some videos of police conduct have been circulated on social media.
Similarly, Bogota Mayor, Claudia López Hernández, has affirmed that she had handed over videos of police shooting indiscriminately against people during the protests to the Office of the Attorney General and other authorities. In addition, she shared part of the videos on her Twitter account.
The ICJ recalls that under international standards governing the use of force by law enforcement officials, lethal force may never be used unless strictly necessary to protect life.
The ICJ stresses that investigations must be impartial and the need for investigators to be independent of the police. Equally important, the investigations must take place within the civilian rather than the military justice system.
The ICJ is also concerned at the threats received by human rights lawyers who have been working working to document possible human rights violations during the protests.
Background
The protests were triggered by the death of Javier Ordoñez, who died at a police facility (Comando de Acción Inmediata, CAI), on the early morning of 9 September.
A video shows that before being transferred to the facility, Ordoñez was repeatedly shocked by policemen with a stun gun while on the ground and did not represent any threat to life or safety the police or other persons. Initial results of the investigation, including the autopsy report, indicate that Ordoñez was hit in the head, neck, shoulders, and chest inside the police facility.
On 11 September 2020, the Police and the Ministry of Defence offered an “apology” for any violation of the law that may have been committed by the police, without acknowledging any specific wrongdoing.
Subsequently, on 16 September, the Minister of Defence recognized that Javier Ordóñez was murdered by the police. Although he stated that the Police respect peaceful protests, he also said the protests of September 9 and 10 were a massive and systematic attack against the police.
Along the same lines, on 13 September 2020, the office of the Mayor of Bogotá held a ceremony of “forgiveness and reconciliation”. The ceremony had the participation of some of the victims, who demanded justice.
On 17 September 2020, the Office of the Attorney General filed arrest warrants against two policemen involved in the murder of Ordóñez. The warrants have been granted by a judge. Both policemen had been arrested.
In accordance with Colombia’s obligations under the International Covenant on Civil and Political Rights, investigations “must always be independent, impartial, prompt, thorough, effective, credible and transparent”.
The UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials require that any the use of force is exceptional, necessary, and proportional and that lethal force may only be used when strictly necessary to protect life.
Colombia has been recently facing a significant increase in serious human right violations and abuses, including unlawful killings. For example, since the Peace Agreement was signed in November 2016, there has been an upward trend in the killings, death threats, and harassments against human rights defenders.
As of December 2019, the UN Verification Mission in Colombia verified 303 killings of human rights defenders and social leaders since the signature of the Peace Agreement. So far, during 2020, the Office of the United Nations High Commissioner for Human Rights in Colombia has documented 47 killings of human rights defenders and is reviewing other potential 44 cases.
Contact:
Carolina Villadiego, Legal and Policy Adviser, Latin America. Email: carolina.villadiego(a)icj.org
Rocío Quintero M, Legal Adviser, Latin America. Email: rocio.quintero(a)icj.org
Aug 31, 2020 | Advocacy, News
Today, the ICJ called on Belarus to comply with its international human rights law obligations in its response to the protests taking place in the aftermath of the presidential elections and in the treatment of those detained.
This includes immediately releasing persons arbitrarily detained, providing prompt access to lawyers for those still detained, accounting for the fate and whereabouts of missing protestors and promptly and effectively investigating torture and other ill-treatment.
The widespread arbitrary arrests of peaceful protesters, and credible allegations of torture and ill-treatment and enforced disappearances of detainees, are particularly alarming in light of obstacles faced by detainees in accessing lawyers, the ICJ said.
The ICJ recalls that under international human rights law, all persons have the right to peaceful assembly, and any restriction of this right must be provided in law be strictly necessary and proportionate to a specified legitimate purpose. The mass arrest of protesters does not appear to meet these requirements.
Belarus has obligations, including under treaties to which it is party, to respect the right to liberty and refrain from arbitrary arrests or other unwarranted interferences with the freedom of assembly, or freedom of expression, of protesters, protected under international law.
Law enforcement authorities must respect the right to life and the prohibition on torture or other ill-treatment at all times. Allegations of arbitrary killing, enforced disappearances and torture and other ill-treatment must be promptly, thoroughly and independently investigated, and those responsible brought to justice.
Effective remedies must be provided to victims of such serious human rights violations.
The ICJ is concerned about reports of the widespread denial of access to a lawyer and further obstacles that lawyers face while carrying out their professional duties in the current context in Belarus.
Reportedly, lawyers are not provided with access to the case file or further information necessary for the provision of effective legal assistance to their clients. This is of particular concern in light of multiple reports of torture or other ill-treatment of those detained following the election.
The ICJ stresses that the right of access to qualified legal representation is crucial for the protection of the human rights of those arrested in connection with the current political upheaval in Belarus.
The right of access to a lawyer is recognized as an essential element of the right to a fair trial and the right to liberty, protected under the International Covenant on Civil and Political Rights, to which Belarus is a party.
The UN Basic Principles on the Role of Lawyers provide that governments should ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference and should be able to consult with their clients freely and have access to appropriate information, files and documents in their possession or control in sufficient time to provide effective legal assistance to their clients.
It is essential that lawyers and other human rights defenders can carry out protection of human rights of their clients especially in times of emergency.
The ICJ also calls on the Belarus Republic Bar Association to bolster its efforts in protecting its members who provide legal representation in cases related to the ongoing protests.
Background:
The Republic of Belarus ratified the International Covenant on Civil and Political Rights in 1973
Following the presidential elections of 9 August 2020 in Belarus, widespread protests across Belarus took place following the discredited result, which were recognized as neither free nor by the European Union and other observers. Following the initial dispersal of these protests by the authorities, more than 6000 people were arrested and detained, many arbitrarily. There is credible evidence that many of those arrested or detained have been subjected to torture or other ill-treatment and that decisions regarding their arrest and detention have been made by courts temporarily established in detention centres.
While estimates of numbers differ, the whereabouts of at least tens of those who took part in the protest have not been established to date. One of the missing persons, Nikita Krivtsov, was recently found dead in a forest near Minsk.
The reports that defence lawyers were denied access to those arrested include high-profile cases, such as the case of the former presidential candidate Victor Babaryka whose lawyer was not allowed to see his client in the detention centre for more than a week.
According to the Belarusian Republican Bar Association, lawyers face problems with meeting their clients held in the detention centres and access to the case files and further information necessary to carry out their professional duties.
