The arbitrary and unlawful removal of the Chief Justice Ahmed Faiz Hussain (photo) and Supreme Court judge Justice Muthasim Adnan, constitutes an assault on the independence of the judiciary, the ICJ said today.
The new interim Constitution unveiled on Tuesday by the National Council for Peace and Order (NCPO) includes several provisions that place the NCPO and its agents above the rule of law, the ICJ said today.
The ICJ has delivered an oral statement on the independence of judges, prosecutors and lawyers in Venezuela, at the UN Human Rights Council in Geneva.
Referencing its report, Strengthening the Rule of Law in Venezuela, the ICJ discussed the failure by Venezuelan authorities to respect institutional guarantees for the independence and impartiality of the judiciary and prosecutors, as well as undue interference with individual judges, prosecutors and the legal profession. The ICJ highlighted the lack of security of tenure for most judges and virtually all prosecutors in Venezuela, and how the insecurity is amplified by cases of reprisal such as against Judge María Lourdes Afiuni Mora.
The ICJ urged Venezuelan authorities to take concrete measures to restore the rule of law and ensure the protection of human rights in Venezuela, in meaningful dialogue with civil society, and for other states to encourage Venezuela to do so.
The oral statement can be downloaded in full in PDF format here: ICJ-HRC26-Item4-Venezuela-OralStatement2-Advocacy-non-legal submission-2014
The ICJ’s International Legal Adviser, Reema Omer, participated in a panel discussion on ‘Rule of Law in Bangladesh’, convened on 19 June 2014 in the margins of the Human Rights Council’s 26th regular session in Geneva.
The event was co-sponsored by the Asian Legal Resource Centre, CIVICUS, FIDH, OMCT and Human Rights Watch and was moderated by Mr Mandeep Tiwana, Head of Policy and Research for CIVICUS. Panelists included Mr Adilur Rahman Khan, Secretary of Odhikar; Mr M.D. Ashrafuzzaman, Urgent Appeals Programme Coordinator of the Asian Legal Resource Centre; Mr Gerald Staberock, Secretary General of OMCT; and Ms Reema Omer, International Legal Adviser of the ICJ’s Asia Pacific Regional Programme.
The ICJ’s intervention focussed on the incompatibility of the Bangladesh Information and Communication Technology Act 2006 (ICTA) and its 2013 amendments with international human rights law and standards. Based on the ICJ’s briefing paper on the ICTA from November 2013, and referring to recent cases, Reema Omer highlighted how the Act and its amendments amount to an assault on the freedom of expression and a stifling of public discourse. Her intervention also spoke of the judiciary’s responsibility to prevent such attacks on freedom of expression.
Bangladesh-ICT-Brief-2013 (download the ICJ’s briefing paper on the ICTA)
The indictment of General Pervez Musharraf on charges of treason marks a milestone for Pakistan’s judiciary, which must ensure his trial fully complies with international standards, the ICJ said in a briefing paper released today.
“General Musharraf’s treason trial is unprecedented in Pakistan’s political and legal history,” said Sam Zarifi, ICJ’s Asia Director. “This is an opportunity for Pakistan’s judiciary to demonstrate that no-one is above the law and that everyone accused of an offence has the right to a trial that is, and is seen to be, impartial, independent and expeditious.”
In its briefing paper, the ICJ highlights the legal framework and political context of the high treason trial against Pakistan’s former president and army general, Pervez Musharraf, in a Question and Answer format.
The Pakistan Government has established a special court to try General Musharraf for high treason on charges relating to his allegedly unconstitutional imposition of emergency rule and unlawful dismissal of judges on 3 November 2007. Under the law, high treason is punishable by death or life imprisonment.
On Monday, 31 March, Pervez Musharraf was formally indicted on five charges. He pleaded not guilty on all charges.
“This trial marks the first time a senior Pakistani military figure could be held to account for trampling on the rule of law and human rights in the country,” Zarifi said. “General Musharraf should be facing a proper trial for the many human rights violations that took place during his rule and under his command. But this case is at least a start.”
The lead-up to the trial has been marked by confusion, including erroneous reports last week suggesting that Justice Faisal Arab had quit the three-member special court, a move that could possibly have aborted the trial.
There have been many hurdles in the proceedings so far, including General Musharraf’s health, security threats, and concerns about whether he can be guaranteed a fair trial.
Many in Pakistan are celebrating the trial as a victory of rule of law, but others have expressed reservations about the selective nature of the proceedings: General Musharraf is only being tried for imposition of emergency rule on 3 November 2007, not for the military coup through which he usurped power in October 1999.
There are also serious allegations that widespread gross violations of human rights, including enforced disappearances, extrajudicial killings and torture, were carried out by the security forces while General Musharraf was the head of State and the military, yet no case has been instituted in relation to these gross violations of human rights thus far.
“Every effort must be taken to ensure that General Musharraf’s rights as an accused are protected and that the trial complies with Pakistani and international fair trial standards. If convicted of high treason he should be sentenced to life imprisonment, rather than the death penalty.”
The ICJ considers the death penalty in all cases to constitute a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.
To read the full text of the ICJ Briefing Paper, click on the following PDF file
icj pakistan – musharraf – Q&A
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; email: sam.zarifi(a)icj.org
Reema Omer, ICJ International Legal Advisor for Pakistan (London), t: +447889565691; email: reema.omer(a)icj.org
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