Iran: ICJ joins NGO statement at UN denouncing attacks on lawyers

Iran: ICJ joins NGO statement at UN denouncing attacks on lawyers

Today, the ICJ joined an oral statement at the UN Human Rights Council denouncing attacks on lawyers occurring in Iran.

The statement was delivered by IBAHRI on behalf also of ICJ, Lawyers for Lawyers, Lawyers’ Rights Watch Canada and The Law Society, during the interactive dialogue with the UN Special Rapporteur on the ISlamic Republic of Iran.

The statement reads as follows:

“The International Bar Association’s Human Rights Institute (the IBAHRI), the International Commission of Jurists (the ICJ), Lawyers for Lawyers, Lawyers’ Rights Watch Canada, and The Law Society express deep concerns at the arbitrary arrests and detention of lawyers and others sentenced to exorbitant prison terms for legitimately carrying out their professional activities. We draw special attention to the cases of lawyers Nasrin Sotoudeh and Amirsalar Davoodi, who remain imprisoned and were excluded from Covid-19 prisoner release programmes.

Their imprisonment means that access to justice for citizens in Iran is restricted. We are alarmed by the widespread violation of fair trial guarantees, including the denial of access to a lawyer of one’s own choosing, as well as the recent application of the death penalty  in Iran. We also condemn Iran’s non-compliance with international standards on conditions of detention and reports of torture of those critical of the regime.

We urge the Iranian authorities to:

  • Immediately and unconditionally release Nasrin Sotoudeh, Amirsalar Davoodi and other lawyers who remain in prison after conviction in an unfair trial;
  • Pending release, ensure compliance with international standards on conditions of detention;
  • Ensure that lawyers and others can carry out their profession free from undue interference, including judicial harassment;
  • Establish an immediate moratorium on the death penalty, pending abolishment; and
  • Comply with its international legal obligations in respecting, guaranteeing, and protecting human rights.”

Find the statement here: Iran-UN-JointStatement-Lawyers-Advocacy-NonLegal-HRC46-2021-ENG

Contact:

Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949

 

ICJ calls for protection of lawyers against threats to life at UN Human Rights Council

ICJ calls for protection of lawyers against threats to life at UN Human Rights Council

The ICJ issued a statement today on the occasion of an interactive dialogue with the UN Special Rapporteur on situation of human rights defenders calling for measures of protection for lawyers who defend human rights and human rights defenders.

The ICJ was not able to read the statement during the interactive dialogue due to the limited time provided for NGO statements.

The statement was as follows:

“Madame President,

The International Commission of Jurists (ICJ) welcomes the Special Rapporteur’s report and agrees with her observation on the absence of political will in some States to protect Human Rights Defenders (HRDs).

As noted by the previous Special Rapporteur (A/HRC/37/51/Add.1), lawyers are HRDs when they act in their professional capacity to promote or protect human rights. Lawyers, like other defenders, are often targeted for harassment including through death threats and killings.  The ICJ has recently documented such cases in Zimbabwe, Egypt and Ukraine.

The ICJ recalls that under the UN Basic Principles on the Role of Lawyers, States have special protective responsibilities, namely that “[w]here the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.”

The ICJ welcomes the Special Rapporteur’s recommendation that the international community, particularly States through Foreign Embassies and the OHCHR must react faster in addressing threats issued against HRDs. This should include situations where lawyers are threatened for doing their work.

The ICJ further welcomes the recommendation to maintain adequately resourced protection mechanisms for HRDs. In this regard, we consider strong and independent Bar Associations to be essential in helping protect the security of lawyers.

Madam Special Rapporteur, are there particular measures you would recommend for protecting lawyers when acting as HRDs?

Thank you.”

 

Contact:

Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949

ICJ calls for human rights-based approach in countering terrorism at UN Human Rights Council

ICJ calls for human rights-based approach in countering terrorism at UN Human Rights Council

The ICJ issued a statement today on the occasion of an interactive dialogue with the UN Special Rapporteur on the promotion and protection of human rights while countering terrorism on the need for a human rights-based approach for countering terrorism.

The ICJ was not able to read the statement during the interactive dialogue due to the limited time provided for NGO statements.

 

The statement was as follows:

“Madam President,

The ICJ welcomes the attention given by the Special Rapporteur to the human rights impact of counterterrorism policies on the rights of women and girls and the need to incorporate a gender perspective into counter-terrorism policy and law in all areas (See, para. 39b, UN Doc. A/HRC/46/36).

We share the Special Rapporteur’s concern that the critical State obligation to promote economic, social and cultural rights should not be absorbed into a new, generalized, non-rights based category of “economic effects of terrorism (para. 37.)  The emphasis must remain squarely on preventing and redressing violations and abuses against victims (para. 36).

We agree with the Special Rapporteur that human rights obligations and counterterrorism are directed at the State and that care must be taken to avoid the blurring of lines between counterterrorism and international humanitarian law (para. 39e). We concur that States must address the rule of law and human rights effects of misuse of sanctions and listing processes to target civil society and persons exercising rights protected by international law.

The ICJ therefore calls on the Council to maintain in this matter a human rights-based approach to victims of terrorism, as stressed by the Special Rapporteur.

Thank you.”

 

Contact:

Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949

Libya: Q&A on the UN International Fact-Finding Mission

Libya: Q&A on the UN International Fact-Finding Mission

Justice and accountability in Libya can only be achieved if activists and lawyers fully engage with and support the UN Independent Fact-Finding Mission on Libya (FFM) in documenting and collecting evidence of serious violations in the country, the ICJ said today.

To facilitate such engagement, the ICJ’s Question and Answer (Q&A) published today provides guidance for Libyan and international civil society actors on:

  • the role and mandate of the FFM;
  • the FFM’s relationship with other accountability mechanisms, such as the International Criminal Court (ICC);
  • what the FFM may be expected to achieve; and
  • how to engage with the FFM.

“The success of the FFM’s mandate rests largely on its ability to establish the facts about and collect evidence of violations and abuses of international human rights and humanitarian law perpetrated in Libya.”

“We urge lawyers, activists and civil society actors to fully support the FFM in achieving these objectives and bringing about the accountability that has so far eluded Libya.”

– Said Benarbia, the ICJ’s MENA Programme Director.

The FFM was established by the UN Human Rights Council on 22 June 2020 through resolution 43/39. Its mandate includes:

  • Establishing facts and circumstances of the human rights situation throughout Libya;
  • Collecting and reviewing relevant information;
  • Documenting alleged violations and abuses of international human rights law and international humanitarian law, including any gendered dimensions of such violations and abuses; and
  • Preserving evidence with a view to ensuring that perpetrators be held accountable.

While the FFM cannot conduct criminal investigations or prosecute individuals, the evidence preserved may be used by Libyan judicial authorities, the ICC, and third countries exercising universal jurisdiction.

The FFM has issued a call for submissions of relevant information and materials, the deadline for which is 30 June 2021.

Contact

Said Benarbia, Director, ICJ Middle East and North Africa Programme; t: +41 22 979 3817, e: said.benarbia(a)icj.org

Vito Todeschini, Legal Adviser, ICJ Middle East and North Africa Programme; t: +216 53 334 679, e: vito.todeschini(a)icj.org

Asser Khattab, Research and Communications Officer, ICJ Middle East and North Africa Programme; e: Asser.Khattab(a)icj.org

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Q&A on the UN International Fact-Finding Mission in English and Arabic.

Press Release in English and Arabic.

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