Oct 9, 2019 | News
The ICJ today welcomed the release from detention and the dropping of charges against, of Maurice Kamto and other opposition figures.
The ICJ has called on Cameroonian authorities to ensure that they and others are able to exercise their human rights and fundamental freedoms without harassment or fear of arrest and prosecution.
The ICJ also called for the authorities to embark on wider legal and institutional reforms to facilitate respect for human rights and the rule of law in order to build genuine constitutional democracy in that country.
‘’Neither the arrest, nor detention nor prosecution of people for exercising their fundamental freedoms, including political dissent and peaceful opposition nor the trial of civilians before a military court was in compliance with Cameroon’s international legal obligations,” said Arnold Tsunga, ICJ’s Africa Regional Director in reaction to news of the release.
Maurice Kamto, a leading international jurist, former ICJ Commissioner, and presidential candidate of the Cameroon Renaissance Movement (MRC), was arrested on 28 January 2019 along with dozens of other opposition figures for protesting and challenging the results of the last Presidential elections held in October 2018.
They were facing trials before military courts, in contravention of their rights to a fair trial trial, on charges of ‘’insurrection, hostility to the motherland and rebellion’’ – charges which potentially carry the death penalty.
The detainees were released last weekend after Cameroon’s President Paul Biya’s tweet on 4 October 2019, that he had ordered the discontinuance of proceedings against them. The bringing and dropping charges should be in the remit of independent prosecutorial authorities, not the President.
Nonetheless, the ICJ stressed that the release of Maurice Kamto and the other leaders provides a welcome window of opportunity for Cameroonian authorities to begin an inclusive process of revamping the legal and constitutional framework to meet international standards.
The ICJ called on the Cameroonian authorities to desist further from applying the law and legal process to persecute or otherwise harass any person for the exercise of fundamental freedoms and from administering justice through military courts, which should be reserved for prosecution military personnel for military offences only.
The ICJ stressed that the release of Maurice Kamto and other opposition figures presents a unique opportunity for Cameroonian authorities to restore public confidence in the country’s democratic institutions by including all Cameroonians in the building of a society based on the rule of law.
Contact:
Arnold Tsunga, ICJ Africa Director, C: +27716405926, or +254 746 608 859 E: arnold.tsunga(a)icj.org
Solomon Ebobrah, Senior Legal Adviser, ICJ Africa, C: +234 8034927549; E: Solomon.ebobrah(a)icj.org
Sep 27, 2019 | News
On 27 September, the Nederlands Juristen Comité voor de Mensenrechten (NJCM) and the ICJ held a a closed-door roundtable discussion in the Hague on investigative procedures and procedural rights in counter terrorism: implementing the EU Directive 2017/541 on combating terrorism. The discussion took place in the framework of the EU funded project “Judges Uniting to Stop Terrorism with International, Constitutional and European law (JUSTICE) project”.
Judges, prosecutors and lawyers from 11 EU countries shared their practices and experiences in the application of the investigative procedures and procedural rights related to the prosecution of the criminal offences enshrined in the EU Directive 2017/541 on combating terrorism within the different legal systems of the European Union (EU).
The discussion focused on investigative powers, evidence gathering, pre-trial detention, cross border cooperation and the European Arrest Warrant. These practices were assessed in light of international human rights law principles in order to identify best practices that could be promoted throughout the EU.
This is the second out of four roundtables organized within this project between April and November 2019 by the ICJ and partners.
See the agenda here.
Sep 25, 2019 | Events, News
The ICJ is organizing its first fundraising Gala concert on Monday 14 October at 7:30pm in the Palais Eynard, 4 rue de la Croix Rouge, Geneva. The event will support the ICJ and its fight for the defense of the Rule of Law in the world and marks the end of the series of events we organized for our 60th anniversary in the city of human rights.
The theme of our Gala will be: “Geneva, the Defense of the Rule of Law: What can I do?”
After a welcome from the Mayor of Geneva and an introduction from Me Pierre de Preux, former Bâtonnier of the Geneva Bar, ICJ Commissioners including Sir Nicolas Bratza (former President of the European Court of Human Rights), Dame Silvia Cartwright (former Judge and Governor General of New Zealand), Professor Bob Goldman (ICJ President and former President of the Inter-american Commission on Human Rights) and Ms Roberta Clarke (ICJ Executive Chair, UN Women’s Office for the Caribbean, UN Women’s Regional Office for Asia and the Pacific) will give concrete answers to this question.
But the evening is also to enjoy a wonderful Concert of the ‘Soloists of the Menuhin Academy’ (photo) and the cocktail after that.
To reserve: Pascale.andris@icj.org
You cannot come but still want to make a donation: please click here
Download the invitation
Invitation Gala 14 Oct
Sep 17, 2019 | Advocacy
The ICJ welcomes the final report of the FFM (Independent International Fact Finding Mission).
Having monitored justice and human rights in Myanmar for over 50 years, the ICJ has an established presence in the country, and supports justice sector actors to implement reforms necessary to protect human rights through the rule of law.
With this experience, the ICJ concurs with conclusions of the FFM and the Special Rapporteur: particularly those highlighting the pervasive damage of unchecked military power and impunity on human rights, the rule of law, and development of an inclusive democratic society.
Myanmar’s Government has failed to fulfill international law obligations to investigate, prosecute and punish perpetrators of rights violations. In this context, the launch of an IIMM (Independent Investigative Mechanism for Myanmar) is necessary, and welcome. Myanmar should cooperate with the Mechanism, whose files may enable future prosecutions of individual criminals.
But this Mechanism is not a court: all States, particularly Myanmar, must work toward holding criminal trials, in competent jurisdictions, inline with international standards – noting that prosecutions target criminals, not the country.
Other immediate opportunities for Myanmar to protect human rights include: amending the National Human Rights Commission Law to expand its mandate and independence; amending laws that facilitate impunity such as the 1959 Defence Services Act; enacting an anti-discrimination law; and reviewing the 1982 Citizenship Law. These legislative reforms are urgent and possible steps that are necessary to demonstrate if the Government is genuine about its international law obligations. Any constitutional reform must also expand rights protections.
As the FFM’s mandate is ending, the ICJ would like to ask the experts: how can States best monitor and implement your recommendations, particularly related to international criminal accountability?
See also:
ICJ, Achieving Justice for Gross Human Rights Violations in Myanmar, January 2018
Terms of Reference for the UN Independent International Mechanism for Myanmar (unofficial Burmese translation), 16 January 2019, available here.
Statement to the Human Rights Council by Mr. Nicholas Koumjian, Head of the Independent Investigative Mechanism for Myanmar (unofficial Burmese translation with accompanying English text), 9 September, available here.
Sep 13, 2019 | News
The ICJ, in collaboration with the Judicial Service Commission (JSC) of the Republic of Zimbabwe, has concluded a two-day Judicial Symposium on the theme ‘Core-Skilling: Towards a Human Rights Jurisprudence’, organized to mark the end of the second judicial term in the Zimbabwe judicial calendar.
In his remarks at the opening of the symposium, ICJ’s Africa Regional Director, Mr Arnold Tsunga, noted that the theme of the symposium had been carefully chosen to enhance discourse on national transformation in an atmosphere of respect for the rule of law and international human rights. He noted further that the symposium was to critique the concept of transformative adjudication and explore its relevance to applying the Constitution of Zimbabwe as an instrument and framework for national transformation.
Noting that the ICJ appreciated its on-going partnership with the JSC in Zimbabwe, Mr Tsunga expressed the hope that the training and symposium would enhance the effectiveness of the judiciary with a view to improving access to justice for all, especially victims of human rights violations, women, marginalized and vulnerable groups and contributing to attainment of the United Nations Sustainable Development Goals number 16 and 5.
On his part, in his opening remarks the Chief Justice of the Republic of Zimbabwe, the Hon. Chief Justice Malaba, noted that the ICJ-JSC organized symposia have provided a platform for continuous improvement of judicial work and networking amongst judges.
Chief Justice Malaba observed that these meetings have enabled judges to dialogue on how to improve the effectiveness and efficiency in the justice delivery system. He noted that this year’s theme on human rights jurisprudence lies at the heart of an independent and effective judiciary.
He further noted that the current Constitution of Zimbabwe has a better framework and potential for the protection of human rights than previous constitutions. Accordingly, he expressed the view that the judiciary has a more important role to play in protecting and safeguarding human rights.
He highlighted that the judiciary’s commitment to the protection of human rights is evidenced in local jurisprudence in respect to human rights cases, where several important judgments have been given by all the courts.
Chief Justice Malaba used the opportunity to give updates on developments which were taking place within the JSC, particularly in its research centre, in the High Court, in the Fiscal and Tax Appeals Division, amendments to the Judicial Laws which were gazetted on the 9th of September 2019.
Chief Justice Malaba stated that in performance appraisal, the JSC has constituted a Performance and Training Committee led by the Deputy Chief Justice to come up with a system that enables accurate measurement of the performance of judges.
Responding to issues of accountability raised by the Chief Justice, ICJ’s Mr Tsunga urged the JSC to develop and adopt a system to track, monitor, document and communicate results arising from these trainings, as the results would help the ICJ, and international development partners to evaluate the usefulness of the trainings and efforts at justice sector reforms.
This year’s symposium was attended by 16 female and 27 male judges from the Constitutional Court, Supreme Court, High Court, Labour Court and Administrative Court of Zimbabwe.
