Dec 3, 2013 | News
Today, the ICJ observed a hearing in a case concerning Zinaida Mukhortova, a lawyer detained until recently in a psychiatric facility, allegedly for carrying out her professional duties, but released on 1 November.
At the hearing on 2 December, the Karaganda Regional Court confirmed the lawfulness of her detention, upholding the earlier decision of the Balkhash City Court of 20 August 2013, to grant the motion of the Prosecutor’s Office to detain the lawyer.
“The likelihood of her repeated detention for the lawful exercise of her profession has risen following this decision,” Almaza Osmanova, an ICJ observer present at the hearing, commented.
The deputy Head of the Medical Facility in which Zinaida Mukhortova (photo) was detained, Doctor R.R. Iskahakov was present at the hearing and insisted on the lawfulness of her detention.
The ICJ previously reported Doctor Iskahakov’s refusal to release lawyer Mukhortova until all the court proceedings had been completed.
The ICJ trial observation mission consisted of two observers: Almaza Osmanova, a practicing lawyer from Kyrgyzstan and Kayum Yusufov, a practicing lawyer from Tajikistan.
The ICJ has previously made statements following lawyer Mukhortova’s detention and subsequent release from the psychiatric facility:
Kazakhstan: ICJ welcomes release of a lawyer from psychiatric detention
Kazakhstan: psychiatric detention of lawyer must be ended
Contact:
Róisín Pillay, Director, ICJ Europe Programme, roisin.pillay(a)icj.org
Temur Shakirov, LegalAdviser, ICJ Europe Programme, temur.shakirov(a)icj.org
Sep 12, 2013 | News, Uncategorized
Justice Elizabeth Evatt AC (photo), will be observing the hearing of the appeal of Anwar Ibrahim’s case from 17 to 18 September 2013 at the Court of Appeal in Putrajaya.
Justice Evatt is the first female judge to be appointed to an Australian Federal Court, a former member of the United Nations Human Rights Committee, and a commissioner of the ICJ.
Anwar Ibrahim is a Malaysian politician and is currently the leader of the opposition party, Parti Keadilan Rakyat, and the opposition alliance known as Pakatan Rakyat.
The appeal hearing that Justice Elizabeth Evatt will be observing emerged from the 2008 charges filed against Anwar Ibrahim immediately after the general elections held that year.
He was charged for allegedly committing sodomy, which is a crime under Section 377B of the Penal Code and carries the penalty of up to 20 years of imprisonment and whipping.
The High Court acquitted Anwar Ibrahim on 9 January 2012.
This is the second time that Anwar Ibrahim is facing sodomy charges after his dismissal from the Malaysian Cabinet in 1998.
In 2004, The ICJ also sent a representative to observe the sodomy trial of Anwar Ibrahim, where the Federal Court overturned the High Court decision to convict him.
The ICJ called the Federal Court’s ruling “a step in the right direction in upholding the rule of law”.
Justice Evatt’s mandate as ICJ’s high-level observer to the appeal hearing includes monitoring the fairness of the proceedings against Anwar Ibrahim in the light of relevant international standards.
These standards include, among others the UN Basic Principles on the Independence of Judges, which set out standards on the independence and impartiality of judges, and the UN Guidelines on the Role of Prosecutors, which set out standards on the independence of prosecutors.
Justice Evatt will also be evaluating whether the prosecution under Section 377B of the Malaysian Penal Code is being used in this case to suppress political dissent, contrary to the right to freedom of expression.
“The right to observe trials stems from the general right to promote and secure the protection and realization of human rights. Trial observation is a key tool in monitoring the respect for human rights and the rule of law. It is an effective method to examine the level of independence and impartiality of a country’s criminal justice system,” said Emerlynne Gil, ICJ’s International Legal Adviser on Southeast Asia. “Trial monitoring also serves to promote better compliance with both domestic law and international standards that aim to ensure protection of human rights, including the rights to fair trial and due process.”
Contact:
Emerlynne Gil, International Legal Adviser for the ICJ Asia & Pacific Programme, t +662 6198477 ext. 206; email: emerlynne.gil(a)icj.org
May 17, 2013 | News
On 16 May, the ICJ and Rechters voor Rechters (Judges for Judges) observed an appeal hearing at the Supreme Administrative Court (SAC) in a case against the dismissal of Judge Miroslava Todorova.
Judge Todorova, who had been serving on the Sofia City Court, is known for critical commentary on the problems in the judiciary in Bulgaria. In this hearing, the Prosecutor’s Office supported Judge Todorova’s appeal against her dismissal, but the Court has not yet issued its decision.
The ICJ previously raised concerns over Judge Todorova’s dismissal from her position of judge and as Chair of the Bulgarian Judges Association, in July 2012. The ICJ was particularly concerned at the disproportionate sanctions for delay of several reasoned cases, which is a problematic, but usual, practice among judges in Bulgaria.
The ICJ also expressed concern at the fact that the proceedings took place some six years after the limitation period ended. Further questions arose as to the composition of the Supreme Judicial Council (SJC), the body which both initiated the proceedings and conducted the hearing, and its independence in this case.
The trial observation mission consisted of Professor Doctor Günter Witzsch (Germany), who observed the trial on behalf of the ICJ, and Judge Janneke Bockwinkel (the Netherlands, on behalf of Judges for Judges). The ICJ and Judges for Judges will continue to follow the case of the dismissal of Judge Miroslava Todorova and will issue a detailed report following the issuing of the decision by the SAC.
For further information
Róisín Pillay, Director of the Europe Programme, roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, Europe Programme, temur.shakirov(a)icj.org
Mar 12, 2013 | News
The ICJ today condemned the blatant disregard by the UAE of the right to a fair and public trial, after its international observers were prohibited from attending the first two hearings of criminal proceedings against 94 individuals.
The detainees include judges, lawyers and human rights defenders. The hearings took place before the State Security Chamber of the United Arab Emirates (UAE) Federal Supreme Court.
The ICJ observers were turned away on 4 and 11 March 2013 by police officers before they reached the court.
“The ICJ deplores the decision of the UAE authorities to conduct the trial of the 94 detainees behind closed doors and to deny access to all international observers for both the opening and second hearing of this trial”, said Ketil Lund, ICJ Commissioner, former Supreme Court Judge of Norway and one of the two ICJ observers who was denied access to the court.
“This denial, combined with consistent and credible reports that detainees have been subjected to torture and other ill-treatment, including prolonged solitary confinement, and denied full access to defence counsel, both during questioning and in preparation for the trial, are inconsistent with fair trial standards and cast serious doubts about the fairness and the outcome of the process.”
Under international law and standards and UAE law, all criminal trials must be open to the public, subject to narrow exceptions not apparently applicable in this trial.
The denial of access to international observers itself constitutes a serious violation of the right to a fair trial.
The ICJ calls on the UAE authorities to fully investigate reports of torture and ill-treatment of the detainees and ensure that information obtained through such practices are not used as evidence in the criminal proceedings.
The UAE authorities must also ensure that as long as the accused remain in detention, their right to have full and unrestricted access to lawyers, including the right to consult in private, medical personnel and family members are fully guaranteed.
The ICJ notes that the accused are charged with “establishing, founding and administering an organization, Da’wat Al Islah, with the aim of challenging the basic principles upon which the government of the State is based, taking control of the government and establishing a secret structure for the organization” (Decision of referral No.79 of 2012 (State Security) of 27 January 2013).
“These ill-defined charges, which fail to meet international law requirements of legal certainty, criminalise the enjoyment and exercise of the rights of all UAE citizens to freedom of expression and association, and to fully take part in the conduct of public affairs. The UAE authorities must therefore drop these charges and put an immediate end to this unfair judicial process,” Lund added.
Contact:
Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, tel: 41 22 979 38 17, e-mail: said.benarbia(at)icj.org
UAE-right to a fair trial-press release-2013-Arabic (full text, pdf)
Jan 17, 2011 | Events
The ICJ is organizing two-day trial observation training seminars on 14-15 March in Nizhniy Novgorod.
The seminar will aim to provide practical skills on how to conduct trial observations, assess and analyze information and data obtained, and draft a final trial observation report.
The seminar will address general legislative frameworks within which courts operate; the compliance with international rule of law and human rights standards; the components and guarantees of the right to fair trial; observing proceedings within the courtroom and the conduct of meetings with the relevant authorities and other advocacy work outside the courtroom.
Eligibility criteria:
- Applicants must have a demonstrated interest in the rule of law and human rights law;
- Applicants must have an interest in international standards of fair trial;
- Applicants must demonstrate an interest in observing trials or working on trial observation projects;
Closing date for applications: 15 February 2011.
Application forms can be downloaded below.
For further information please contact Temur Shakirov at temur.shakirov@icj.org
seminar-trialobservation-news-2011 (full text, PDF)
seminar-trialobservation-news-2011-rus (full text in Russian, PDF)
seminar-trialobservation-application-2011 (full text, PDF)
seminar-trialobservation-application-2011-rus (full text in Russian, PDF)
