Mar 14, 2018 | News
The new CTI tool on non-refoulement covers:
- constitutional and legislative provisions;
- national procedures;
- procedural rights to be guaranteed to those facing deportation or expulsion;
- training; and
- visa and stay arrangements for when return is prohibited.
There is also a section on non- refoulement in the extradition context.
The purpose of this and other CTI Implementation Tools is to inspire other States to take action through exchanges of good practices.
The tool also provides timely and practical information and advice for States in light of the recently released UN Committee against Torture’s General comment on the implementation of Article 3 of the Convention in the context of Article 22.
Some of the laws mentioned in this tool detail the powers that can be exercised by State authorities to remove a person and the constraints on those powers, as well as the relevant administrative and judicial procedures to be followed. National legislation has also detailed the rights of persons within those procedures (photo).
The tool was developed for the CTI by the ICJ with the support of the University of Bristol’s Human Rights Implementation Centre.
CTI’s series of UNCAT Implementation Tools are available here.
Feb 15, 2018 | News
Thailand should immediately cease misusing criminal and civil defamation laws to legally harass victims, human rights defenders and journalists who raise allegations of torture or other ill-treatment, the ICJ said today.
Yesterday, the Director of the Internal Operations Security Command (ISOC) Region 4, Lt. Gen. Piyawat Nakwanich, reportedly authorized Lt. Col. Seathtasit Kaewkumuang to lodge defamation complaints against Isma-ae Tae, a founder of Patani Human Rights Organization (HAP).
ISOC is responsible for security operations in Thailand’s deep South.
“It is astonishing that after all of the Government’s repeated commitments to address allegations of torture and protect victims and human rights defenders, ISOC is now misusing the justice system to legally harass an alleged victim of torture,” said Kingsley Abbott, the ICJ’s Senior International Legal Adviser for Southeast Asia.
“Thailand should immediately stop these defamation complaints against Isma-ae Tae and ensure an investigation that meets international law and standards is conducted into all allegations of torture or other ill-treatment without delay,” he added.
The accusations relate to a TV program entitled “Policy by People” that aired on the Thai PBS channel on 5 February 2018 in which Isma-ae Tae described being tortured and ill-treated by Thai soldiers when he was a student in Yala, located in Thailand’s restive deep South.
Criminal defamation in Thailand carries a maximum penalty of two years imprisonment and a fine of up to 200,000 Baht (USD $6,300).
The imposition of harsh penalties such as imprisonment or large fines under these laws has the effect of discouraging victims of torture or other ill-treatment from coming forward to seek the remedies and reparations to which they are entitled under international human rights law binding on Thailand, the ICJ said.
The complaints were made against the backdrop of a ruling by the Supreme Administrative Court on 19 October 2016, which ordered the Royal Thai Army and the Defence Ministry to pay 305,000 baht (USD $9,700) compensation to Isma-ae Tae, after it found he was “physically assaulted” during detention and had been illegally detained for nine days – exceeding the limit of seven days permitted under Martial Law Act B.E. 2457 (1914) (Martial Law).
“Even more astonishing is that a superior Thai court has already found that the military physically assaulted Isma-ae Tae and awarded him compensation, which only serves to highlight the injustice of these complaints”, added Abbott.
In 2008, Isma-ae Tae was arrested pursuant to Martial Law and allegedly tortured in order to purportedly extract a confession in relation to a national security case. To date, no perpetrators have been brought to justice.
Contact
Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Programme, t: +66 94 470 1345, e: kingley.abbott@icj.org
Thailand-Isma-ae Tae defamation case-News-Press releases-2018-ENG (full story with additional information, in PDF)
Thailand-Isma-ae Tae defamation case-News-Press releases-2018-THA (Thai version of full sory, in PDF)
Read also
Thailand: ICJ welcomes decision to end proceedings against human rights defenders who raised allegations of torture
Thailand: ICJ welcomes dropping of complaints against human rights defenders but calls for investigation into torture
Thailand: stop use of defamation charges against human rights defenders seeking accountability for torture
Thailand: immediately withdraw criminal complaints against human rights defenders
Further reading on the Draft Prevention and Suppression of Torture and Enforced Disappearance Act
UN Committee against Torture: ICJ and TLHR’s joint submission on Thailand
Thailand: ICJ, Amnesty advise changes to proposed legislation on torture and enforced disappearances
Thailand: ICJ commemorates international day in support of victims of enforced disappearances
Thailand: pass legislation criminalizing enforced disappearance, torture without further delay
Jan 30, 2018 | Agendas, Events
The ICJ invites you to an event to discuss challenges in prevention of, and accountability for, violations of human rights in renditions and other transfers of suspects, including through past European complicity in US-led renditions, and in ongoing transfers of suspects in the CIS region.
Join us for a discussion marking the EU launch of the International Commission of Jurists’ report, Transnational Injustices: National Security Transfers and International Law. The event is kindly hosted by Ana Gomez and Eva Joly, MEPs.
Panelists will discuss the ongoing practice of states unlawfully rendering people accused of terrorism, accountability for violations of human rights in past renditions, and how the EU institutions and EU Member States should address these.
When: Tuesday 30 January 16.00 – 18.00
Where: Room A5G305, European Parliament, Brussels
RSVP to: anamaria.gomes@europarl.europa.eu
Speakers include:
- Ana Gomes, Member of the European Parliament
- Eva Joly, Member of the European Parliament
- Róisín Pillay, International Commission of Jurists
- Natacha Kazachkine, Open Society European Policy Institute
A flyer for this event is available in PDF format by clicking here.
Nov 23, 2017 | News
Today, the ICJ and Amnesty International submitted recommendations to the Ministry of Justice that changes be made to a new law under consideration by the Cabinet, in order to bring it in line with Thailand’s international legal obligations.
The submission came in response to a request by the Ministry for feedback on the Draft Prevention and Suppression of Torture and Enforced Disappearances Act (‘Draft Act’).
The ICJ and Amnesty International welcome the Thai government’s commitment to criminalize torture and enforced disappearances.
The Draft Act currently addresses many existing gaps in Thailand’s current legal framework.
However, the organizations consider that further amendments are needed to address significant shortcomings in the Draft Act and ensure Thailand’s compliance with international treaties on torture and enforced disappearance and international standards.
Recommendations by the ICJ and Amnesty International addressed the following concerns:
- The absence within the Draft Act of key elements of the crimes of torture and enforced disappearance, as defined by international law;
- The absence of provisions concerning cruel, inhuman and degrading treatment or punishment (CIDT/P);
- The inadequacy of provisions establishing the inadmissibility of statements and other information obtained by torture, CIDT/P and enforced disappearance as evidence in legal proceedings;
- The inadequacy of provisions relating to modes of liability for crimes described in the Draft Act; and
- The shortcoming of provisions concerning safeguards against torture, CIDT/P and enforced disappearances.
The ICJ and Amnesty International urge Thailand to make it a top priority to address these and other concerns, and once they are addressed, to enact the law as soon as possible.
The urgent need to amend and enact the Draft Act is underscored by several NGO reports documenting the persistent use of torture and other ill-treatment by state security forces and the continued failure of the Thai authorities to hold accountable perpetrators of torture, other ill-treatment and enforced disappearances.
The ICJ and Amnesty International remain committed to providing any necessary assistance to the Thai government in amending the Draft Act or otherwise acting to prevent torture and enforced disappearances in Thailand.
In a letter accompanying the submission, the ICJ and Amnesty International also emphasized the crucial importance of maintaining sections within the current Draft Act providing that the prohibitions on torture and enforced disappearances apply in all circumstances, including states of emergency, and prohibiting the forcible transfer of persons to territories where they would face a real risk of torture or enforced disappearances (refoulement).
Background
Thailand is a state party to the International Covenant on Civil and Political Rights and the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and has signed, but not yet ratified, the International Convention for the Protection of All Persons from Enforced Disappearance.
The UN expert bodies overseeing the implementation of these treaties have consistently called upon states parties to criminalize torture and enforced disappearance as specific crimes.
On 15 November 2016, Thailand replied to a List of Issues, identified by the UN Human Rights Committee’s noting that it was in the process of passing the Draft Act which would “provide clear definition and set up specific offence on torture to be in line with the terms set forth under CAT” and “serve as an implementing legislation for ICPPED.”
It also asserted that the Draft Act “aims to strengthen the prevention, suppression, and prosecution mechanism and to ensure remedy for victims as well as address the problem of misuse, and abuses of power by government authorities with regard to torture and enforced disappearances.”
In February 2017, the National Legislative Assembly (NLA) announced it would not enact the Draft Act, which was produced by the Ministry of Justice in consultation with non-governmental organizations and other civil society actors.
In March 2017, at the UN Human Rights Committee’s review of Thailand’s compliance with the ICCPR, Thailand confirmed that the Draft Act “had been submitted to the National Legislative Assembly, which had requested the Cabinet to further review the bill, with a view to introducing amendments and launching a public consultation process.”
Contact:
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, t: +66 94 470 1345 e: kingsley.abbott@icj.org
Read also
Joint Letter to the Thai Government
Download
Thailand-Torture and ED-Advocacy-nonlegal submission-ENG (Submission in English, pdf)
Thailand-Torture ED Bill-News-THA (statement in Thai, pdf)
Thailand-Torture and ED-Advocacy-nonlegal submission-THA (Submission in Thai, pdf)
Oct 31, 2017 | News, Publications, Reports, Thematic reports
Effective measures to end impunity for crimes of torture in detention are needed to tackle the systematic recourse to torture and other ill-treatment of detainees in Tajikistan, the ICJ concluded in a report released today.
The ICJ report, Achieving Justice for Gross Human Rights Violations in Tajikistan, finds that although Tajikistan’s criminal procedure law is often in line with international law, including fair trial and other relevant guarantees, in practice it does not lead to effective protection of human rights.
The system is in practice unable to remedy or establish accountability for the serious human rights violations that occur systematically in detention, the report says.
Even where complaints of torture are made, it appears that very few lead to investigation, prosecution or conviction.
“The systematic recourse to torture and ill-treatment in detention undermines the integrity of the criminal justice system in Tajikistan, as well as notions of fairness and justice and the operation of the rule of law in the country,” said Temur Shakirov, Senior Legal Adviser at the ICJ’s Europe Regional Programme.
“Torture must always be treated as one of the most serious crimes. International human rights law requires that allegations of torture must be independently, promptly and thoroughly investigated and, where those responsible are identified, they must be brought to justice,” added Shakirov.
An effective system of prevention of torture and other ill-treatment in detention and for the provision of effective remedies and reparation for such violations is needed to tackle the systematic recourse to their use, the report finds.
The ICJ’s report identifies numerous factors that foster the widespread use of torture and other ill-treatment in Tajikistan, including:
- the lack of independence of the judiciary;
- the judges’ failure to uphold equality of arms between the defence and prosecution;
- the frequent failure by courts to inquire into allegations of torture or other ill-treatment raised by the defence;
- the tendency of courts to accept prosecution denials of such treatment without question; and
- courts’ regular failure to exclude evidence obtained by torture.
With heavy reliance by judges on self-incriminating statements made by suspects in the first hours of detention, the presumption of innocence remains to a large extent illusory, the report adds.
The report also demonstrates that a lack of guarantees for confidential lawyer-detainee meetings prevents detainees from effectively exercising their right to qualified legal assistance and to complain about ill-treatment if necessary.
“Systemic torture cannot be effectively eradicated unless lawyers are both individually and institutionally independent of the executive, are protected in carrying out their duties, and have unimpeded access to their clients in the first hours of detention, as required by international law and standards”, Shakirov said.
The report provides a comprehensive list of recommendations following a detailed analysis of applicable laws and practices in Tajikistan, including based on the findings and recommendations of different bodies of the United Nations human rights system.
Contact
Temur Shakirov, Senior Legal Adviser, Europe Programme, t: +41.22.979.3832; e: temur.shakirov(a)icj.org
Alex Conte, ICJ Global Redress and Accountability Initiative, t: +41.79.957.2733; e: alex.conte(a)icj.org
Tajikistan-GRA Baseline Study-News-Press-Release-2017-RUS (Press Release, Russian PDF)
Download
Tajikistan-GRA Baseline Study-Publications-Reports-Thematic reports-2017-ENG (full report in PDF, English)
Read also
ICJ Report ICJ Recommendations on the Independence of the Legal Profession in the Republic of Tajikistan (February 2016)
ICJ legal submission Alternative Report to the UN Human Rights Committee on the Second Periodic Report of Tajikistan under the International Covenant on Civil and Political Rights (June 2013)
