Myanmar: a civilian government and the rule of law must be restored (UN Statement)

Myanmar: a civilian government and the rule of law must be restored (UN Statement)

Today, during a General Debate, the ICJ called on the UN Human Rights Council to condemns a set of laws amendend by the military governmentn in Myanmar and restricting human rights, and to demand the return to of Myanmar civilian rule respecting the rule of law.

 

The statement reads as follows:

“Madame President,

The International Commission of Jurists (ICJ) condemns the illegitimate attempts to “amend” several laws by the Military appointed Myanmar’s State Administration Council (SAC) following its unlawful seizure of power on 1 February 2021.

The implementation of the Amended Law Protecting the Privacy and Security of Citizens (2017) would undermine the democratic process, criminalize peaceful protests and remove various human rights protections. It would provide for broad and unchecked power to the military to arrest anyone without a warrant and aim to remove basic protections, including the rights to be free from arbitrary detention and from warrantless surveillance and search and seizure.

The amendments to the Penal Code and the Criminal Procedural Code have made non-bailable certain offenses, specifically targeting persons criticizing the coup or the military junta, as well as those encouraging others to support the “Civil Disobedience Movement.”

In addition, Amendments made to other existing laws, such as the Ward and Tract Administration Law and Electronic Transactions Law, allow for search and seizure at night without arrest warrant and allow for the silencing of critical voices against the coup and human rights violations of the military, in violation of international standards.

The ICJ calls on the Council to adopt a resolution, which, among other things, univocally condemns and demands the repeal of these laws and the return to of Myanmar civilian rule respecting the rule of law.

Thank you.”

Myanmar: Accountability needed for crimes against humanity (UN Statement)

Myanmar: Accountability needed for crimes against humanity (UN Statement)

Today, the ICJ delivered a statement to the UN Human Rights Council calling for accountability for crimes against humanity committed in Myanmar during the Interactive Dialogue on the report by the UN Special Rapporteur on the situation of human rights in Myanmar.

The statement reads as follows:

“Madame President,

The International Commission of Jurists (ICJ) welcomes the recent report of the Special Rapporteur on the situation of human rights in Myanmar.

The widespread gross violations of human rights documented in the report – including extrajudicial killings, arbitrary arrests and detention- underscore the need for urgent measures of accountability to redress these and to deter further violations.

ICJ has documented further evidence that the unlawful crackdown against peaceful protestors have continued to worsen leading to more extrajudicial killings. More than 50 people have already been unlawfully killed and several hundreds have been severely injured.

Hundreds of others have been arbitrarily arrested and detained, with some subjected to torture and ill-treatment. As the scale of violations continues to increase in many parts of the country, these attacks have become systematic and widespread, and must be investigated as crimes against humanity.

The ICJ therefore supports the recommendations made by the Special Rapporteur, including for referral of the situation to the ICC.

The ICJ urges the Council to adopt a resolution that would strengthen and support the IIMM’s work to collect and preserve evidence for accountability; and to extend the mandate of the Special Rapporteur, including to ensure the immediate, full and unrestricted monitoring of the situations and prompt and effective implementation of their recommendations.

Thank you.”

Contact:

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

 

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

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