Oct 1, 2018 | News
The ICJ expressed disappointment regarding Friday’s ruling by Thailand’s Administrative Court dismissing a case filed against the Royal Thai Police (RTP) for unjustified restriction of the freedom of peaceful assembly and freedom of expression, and again called on Thailand to lift its ban on political gatherings and fully reinstate fundamental freedoms in Thailand.
On 28 September 2018, the Administrative Court dismissed a case filed by the organizers of a “We Walk Friendship March” (‘We Walk march’) against the RTP and six policemen for restricting the march on the basis that it was in violation of Head of NCPO Order No. 3/2558 (2015) (‘HNCPO Order 3’).
The Administrative Court referred to the Thai Constitution, the Public Assembly Act B.E. 2558 (2015), the International Covenant on Civil and Political Rights (ICCPR) to which Thailand is a State party, and HNCPO Order 3, in deciding that the march was a public assembly. Its decision clarified that the case had to be dismissed as the RTP’s actions had complied with the Public Assembly Act.
“It is astonishing that more than four years after the coup, HNCPO Order 3 and other repressive laws, orders and announcements which restrict fundamental freedoms remain in place,” said Kingsley Abbott, Senior Legal Adviser at the ICJ.
“The Administrative Court missed a critical opportunity to deliver an opinion that the ban on political gatherings should be lifted and that all laws, orders and announcements that are inconsistent with Thailand’s international human rights obligations should be amended or revoked immediately to reinstate all fundamental freedoms in Thailand,” added Abbott.
The march, which went ahead peacefully, aimed to bring attention to the need in Thailand for universal healthcare services, policies guaranteeing food security, laws that would not violate human rights, and public participation in the development of the Constitution.
Contact
Kingsley Abbott, ICJ Senior Legal Adviser, email: kingsley.abbott(a)icj.org
The ICJ’s full statement in English is available here: Thailand-Ban on Political Gatherings-News-Web Story-2018-ENG
The ICJ’s full statement in Thai is available here: Thailand-Ban on Political Gatherings-News-Web- Story-2018-THA
Sep 17, 2018 | News
On 16 September, the Constitutional Court made public its decision to order that the Commissioner of the International Commission against Impunity (CICIG) Iván Velásquez be permitted to re-enter the country.
For more than a decade, the UN-backed CICIG has helped investigate high-profile officials for corruption.
Under the tenure of head commissioner Ivan Velasquez, the CICIG has helped Guatemalan prosecutors investigate and prosecute many high-level politicians, judges and government officials, including former president Otto Perez Molina and members of his cabinet.
Elected in 2015, current President Jimmy Morales initially supported the CICIG but he himself and other family members have become subjects of investigations into illegal campaign financing. They deny all charges.
President Morales declared on 31 August that he would not renew the mandate of the CICIG which is due to expire in September 2019 and then proceeded to ban Commissioner Velasquez from re-entering the country.
This decision sparked a number of protests including legal challenges in the Constitutional Court.
“The decision by the Constitutional Court should permit the CICIG to continue its work. It removes one of the greatest obstacles, imposed by order of Guatemalan President Jimmy Morales himself, to the fulfilment of Guatemala’s international obligations, as enshrined in the International Accord on Human Rights which created the Commission,” said Ramon Cadena, ICJ Director for Central America.
With respect to the amparo lawsuits which sought an injunction to reverse the the decision of the President Morales not to renew the mandate of the CICIG, the Constitutional Court declined to order provisional measures and therefore these legal proceedings will continue until they are determined in court.
“The ICJ urges the Constitutional Court to respect the legal time limits and to make a final decision on the lawsuit, in compliance with international human rights law and standards.
If the mandate of the CICIG were not renewed, it would seriously affect access to justice and constitute a major obstacle to the fulfilment of Guatemala’s international obligation to combat impunity,” Ramon Cadena added.
Sep 14, 2018 | News
On 14 September 2018, the ICJ joined 67 other international and Guatemalan civil society organizations in a letter to the High Commissioner for Human Rights, Michelle Bachelet, to express grave concern about recent developments to curtail anti-impunity efforts in the country.
These include President Jimmy Morales’ decision on 31 August 2018 not to extend the mandate of the International Commission against Impunity in Guatemala (CICIG); the Guatemalan authorities’ subsequent decision on 4 September 2018 to prohibit the re-entry into the country of the CICIG’s Commissioner Iván Velásquez; and judicial reforms adopted by Congress on 6 September 2018 that threaten to undermine the independence of the judiciary and the function of the Constitutional Court judges and the office of the Human Rights Ombudsman.
The signatories welcomed the High Commissioner’s critical reference of these developments in her opening remarks to the 39th session of the Human Rights Council.
They asked that the High Commissioner give continued support in the fight against corruption and impunity in Guatemala and called on her to press the Guatemalan authorities to adopt necessary measures to facilitate compliance with the mandate of the CICIG under the terms of the Agreement signed between Guatemala and the United Nations.
The letter is available here (in Spanish): Guatemala-Letter to Michelle Bachelet-News-2018-SPA
Sep 11, 2018 | Advocacy, Non-legal submissions
The ICJ today addressed the new UN High Commissioner for Human Rights, Michelle Bachelet, highlighting the role of her office in countering global threats to the rule of law and human rights.
The statement was made at the UN Human Rights Council, during general debate on the High Commissioner’s oral update. It read as follows:
“Madam High Commissioner,
The International Commission of Jurists (ICJ) warmly welcomes you to your new mandate – a mandate that the ICJ has, since 1964, fought to create and support.
A multitude of issues and situations urgently call for your attention. However, a dark cloud looms over them all, and casts its shadow across the globe, including in this chamber. From different directions, various political actors driven by authoritarian ideologies and impulses, thirst for power and fraudulent populisms, grow in strength and are joining forces to mount a concerted attack on the rule of law.
They openly scorn the stated aims of the UN Charter, including “faith in fundamental human rights” and the maintenance of “justice and respect for … international law.” They seek to undermine, defame, and destroy global, regional and national institutions built over decades as bulwarks to protect human rights and human dignity. They thrive on silence or passivity by global leaders and populations, as they assault independent judiciaries, media, and civil society.
Madam High Commissioner, you can make a unique impact by speaking forcefully and publicly in defense of human rights and the rule of law, in defense of victims, and against governments and individuals who demonstrate their hostility or indifference to these aims. The ICJ stands ready to support you and your office in the challenges that lie ahead.
Thank you.”
Sep 10, 2018 | Events, News
The legal profession plays a crucial role in ensuring access to justice for all, transparency and accountability of the state, Rule of law and the respect for human rights.
Yet, instead of being perceived as a vital player to the justice sector, today lawyers are often targeted by the governments in many OSCE countries for seeking truth and justice. As a result, lawyers often face high risks of persecution, harassment as well as severe sanctions for doing their job.
This side-event aims to specifically discuss the situation of lawyers in Belarus, Russia, Azerbaijan, Tajikistan and Kazakhstan. The discussion will extend to consider the latest developments related to the rights of lawyers and their independence in the respective countries, and what impact this has on the overall rule of law and human rights situation.
This side event will take place on 12 September 2018, from 13.00 -15.00 at Hotel Bristol, Warsaw
Moderator: Jurate Guzeviciute, Programme Lawyer, International Bar Association’s Human Rights Institute
Presentations and Discussions:
Independence of the legal profession and harassment of lawyers in Eastern Europe and Central Asia:
- Tajikistan: Dilrabo Samadova, lawyer, Tajikistan
- Azerbaijan: Nijat Mammadbayli, lawyer, Azerbaijan
- Kazakhstan: Snezhanna Kim, lawyer, Kazakhstan
- Russia: Róisín Pillay, Director of the Europe Regional Programme, International Commission of Jurists
- Belarus: Anne Souléliac, Head of the Human Rights section, Paris Bar Association
Organizers: Permanent Mission of the Federal Republic of Germany to the OSCE, Permanent Representation of France to the OSCE, International Bar Association’s Human Rights Institute, Paris Bar Association, International Commission of Jurists.
Poland-HDIM_Side event-News-event-2018-ENG (flyer of the event in PDF)
