Jun 16, 2016 | Advocacy, Non-legal submissions
The ICJ today delivered a statement at the UN Human Rights Council, on judicial accountability, and attacks on lawyers. The ICJ made the statement on behalf of a group of eight NGOs, including professional organisations of judges and lawyers.
The statement, read out by Swaziland lawyer Thulani Maseko during the Interactive Dialogue with the UN Special Rapporteur on the Independence of Judges and Lawyers, read as follows:
Madame Special Rapporteur on the Independence of Judges and Lawyers,
Our organizations strongly support your mandate. An independent judiciary and legal profession are essential to the rule of law and to the effective protection of human rights.
Independence and impartiality of the judiciary require integrity of individual judges and judicial institutions. Accordingly, there must be accountability for judicial corruption and judicial involvement in human rights violations.
Accountability mechanisms must themselves be independent, fair and transparent, in order to ensure they do not undermine the independence of the judiciary and that victims and the broader population see them as credible and accessible.
We note in this regard the International Commission of Jurists’ newly published Practitioners’ Guide on Judicial Accountability, and the International Bar Association’s recent report on Judicial systems and Corruption.
We also must highlight the growing problem of repression of lawyers who act in cases perceived to have human rights or political aspects, including through: harassment, suspension or disbarment; arrest, detention, unfair trial, and arbitrary imprisonment; torture or other cruel, inhuman or degrading treatment, enforced disappearance, or even unlawful killings.
This is inconsistent with the UN Basic Principles on the Role of Lawyers and incompatible with the rule of law. It violates the rights of individual lawyers and undermines the independence of the legal profession. It denies the rights of the people the lawyers are trying to protect.
Among current examples, the scale and depth of repressive measures against lawyers and HRDs in China is particularly stark, but similar concerns arise in, for instance, Egypt, Turkey, Thailand, Azerbaijan, Malaysia, Tajikistan, and Vietnam. (I myself was arbitrarily imprisoned in my own country Swaziland, for publicly expressing my opinions about judicial misconduct.)
We accordingly will urge lawyers, legal professional associations and others around the world to respond to the questionnaire you have prepared for your upcoming General Assembly report on the legal profession.
I thank you.
The following organizations joined or otherwise supported the statement:
The statement may be downloaded in PDF format here: HRC32-OralStatement-JudicialAccountabilityLawyers-2016
Sep 14, 2015 | Events
Judges, lawyers, prosecutors and human rights: 30 years of UN action
Side event, Tuesday 15 September 2015, 1600 – 1800
Room XXII, Palais des Nations, Geneva
Followed by a drinks reception hosted by the IBA’s Human Rights Institute
in Bar Serpent, Palais des Nations
The International Bar Association’s Human Rights Institute (IBAHRI) and the International Commission of Jurists (ICJ) are organising a side event at the Palais des Nations to mark the 30th Anniversary of the Basic Principles on the Independence of the Judiciary and the 25th Anniversary of the Basic Principles on the Role of Lawyers and Guidelines on the Role of Prosecutors. This side-event, taking place during the 30th session of the Human Rights Council, will look back on the progress that has been made in the protection of judges, lawyers and prosecutors over the past 30 years and the continuing challenges for implementation of the UN standards.
Side Event, 1600-1800
Opening remarks:
- Her Excellency Zsuzsanna Horváth Ambassador of Hungary
Speakers:
- Monica Pinto Special Rapporteur on the independence of judges and lawyers
- Anne Ramberg Secretary General, Swedish Bar Association
- Irene Petras Executive Director, Zimbabwe Lawyers for Human Rights
- Nazir Afzal Former Chief Crown Prosecutor, North West England
Drinks Reception, 1800
The IBA’s Human Rights Institute will host a drinks reception in Bar Serpent, Palais des Nations, with a number of high-level speakers to follow the side event to the 30th session of the Human Rights Council.
Speakers:
- Her Excellency Patricia O’Brien Ambassador of Ireland
- His Excellency Mothusi Bruce Rabasha Palai Ambassador of Botswana
- Monica Pinto Special Rapporteur on the independence of judges and lawyers
Side event co-sponsors include, in addition to the IBAHRI and ICJ:
Australian Permanent Mission to the UN, Permanent Mission of Hungary to the UN, Permanent Mission of Ireland to the UN, Permanent Mission of Mexico to the UN, Permanent Mission of Thailand to the UN, Permanent Mission of the Republic of Botswana to the UN, Council of Europe
Association pour la Prévention de la Torture, Avocats Sans Frontières, Colombian Commission of Jurists, Commonwealth Lawyers’ Association, Commonwealth Magistrates’ and Judges’ Association, International Legal Assistance Consortium, Judges for Judges, Lawyers for Lawyers
Attendance at this side event is open to individuals who have access to the UN grounds at Palais des Nations in Geneva.
Jun 18, 2015 | News
Mrs Gabriela Knaul (Brazil) today participated in an Interactive Dialogue with the Human Rights Council. Topics included children in the justice system, her visits to Qatar, United Arab Emirates, Tunisia and Portugal, and the need more generally for better implementation of relevant UN standards.
Mrs Knaul’s appearance before the Human Rights Council will be her last before her term in the mandate comes to an end in the coming months.
Her successor as UN Special Rapporteur on the independence of judges & lawyers is to be appointed at the end of the Council session, on 3 July 2015.
Following an initial presentation by the Special Rapporteur, the concerned countries responded, followed by discussion by other states, and civil society.
Jun 16, 2014 | Advocacy, Non-legal submissions
The ICJ today made an oral statement at the UN Human Rights Council, in the interactive dialogue with the Special Rapporteur on the independence of judges and lawyers, responding to her report on her visit to the Russian Federation.
Jun 29, 2007 | Advocacy, Non-legal submissions
Report of the Special Rapporteur on the Independence of Judges and Lawyers, Mr. Leandro Despouy (A/HRC/4/25)
