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Category Archives: CIJL_ICJ
Nauru: removal of judges violates independence of judiciary | CIJL-ICJ
The ICJ is deeply concerned by reports that the President of Nauru has prevented the island nation’s Chief Justice from returning to the country and expelled the sole Resident Magistrate in violation of international standards on the independence of the judiciary.
According to media reports, Nauru President Baron Waqa on January 19 removed Resident Magistrate Peter Law in violation of an injunction issued by Chief Justice Geoffrey Eames. Subsequently, Chief Justice Eames, who was in Australia at the time, had his visa cancelled. Both judicial officials are Australian citizens.
Australia administered Nauru as a dependent territory until 1968 and the two countries retain strong bilateral relations. Australian judges and magistrates often serve on Nauru Courts. Continue reading Nauru: removal of judges violates independence of judiciary | CIJL-ICJ
Morocco: judicial reform must be comprehensive and meaningful | CIJL-ICJ
The ICJ today called on the Moroccan authorities to ensure comprehensive and meaningful reform of the judiciary.
The statement comes as the ICJ concluded a high-level mission to Morocco and launched its report Reforming the Judiciary in Morocco, on 21 November 2013.
The ICJ said that reforms should aim at putting an end to any form of undue influence or control by the executive over judicial matters. It called for the reinforcement of the authority of the newly established Conseil Supérieur du Pouvoir Judiciaire (CSPJ) over all aspects of the careers of both judges and prosecutors.
The ICJ stressed that the Office of the Public Prosecutor (OPP) should be kept independent of the judiciary and that it must carry out its activities objectively, impartially and in defence of human rights.
The organization also urged that the jurisdiction of military courts be restricted to military personnel for breaches of military discipline, and that by no means should military courts be used to try crimes consisting of Continue reading Morocco: judicial reform must be comprehensive and meaningful | CIJL-ICJ
ICJ and IBAHRI urge Commonwealth States to make Sri Lanka accountable to Commonwealth values
The International Bar Association’s Human Rights Institute (IBAHRI) and the ICJ urge the Commonwealth Heads of States meeting in Colombo this week to make Sri Lanka accountable to Commonwealth values.
The IBAHRI and the ICJ recall that the Commonwealth Charter, passed in March 2012, sets out 16 core values, which include safeguarding the independence of the judiciary, protecting the rule of law, respecting the separation of powers and promoting democratic rule.
But the two organizations point out numerous examples where these values have not been respected by the Government of Sri Lanka.
The IBAHRI and the ICJ were holding a press conference in Bangkok Thailand today after a high-level IBAHRI delegation was blocked from entering Sri Lanka late last week to attend a conference on the rule of law and independence of the legal profession hosted by the Bar Association of Sri Lanka.
Giving a statement remotely, Gabriela Knaul, UN Special Rapporteur on the Independence of Judges and Lawyers, expressed “serious concerns about acts of reprisals against judges, prosecutors, lawyers and other actors of the judicial system who cooperate, or seek to cooperate, with UN and regional human rights mechanisms.”
“Reprisals against judicial actors and legal professionals are Continue reading ICJ and IBAHRI urge Commonwealth States to make Sri Lanka accountable to Commonwealth values
Slotverklaring conferentie Honduras inzake de verdediging van de rechterlijke onafhankelijkheid in Midden-Amerika
Namens de Stichting Rechters voor Rechters bezocht Katrien Witteman een congres over de onafhankelijkheid van de rechterlijke macht in Midden-Amerika dat op 31 oktober en 1 november 2013 werd gehouden in Tegucigalpa (Honduras). Het congres was georganiseerd door de Neue Deutsche Richtervereinigung en de Hondurese Asociacion de Jueces por la Democracia. Hieronder treft u de slotverklaring aan.
Jueces europeos y centroamericanos expresaron en Tegucigalpa su preocupación por la falta de independencia del sistema judicial en países como Honduras, Guatemala y El Salvador. Continue reading Slotverklaring conferentie Honduras inzake de verdediging van de rechterlijke onafhankelijkheid in Midden-Amerika
El Salvador: authorities urged to respect and protect the independence of the judiciary | CIJL-ICJ
During a one-week mission that concluded on 4 October, the ICJ received information on the tense situation faced by the Supreme Court’s Constitutional Chamber, whose independence has been subjected to political influence for more than a year.
The ICJ is concerned about a complaint filed with the Legislative Assembly which requests a provisional judgment against four judges of the Constitutional Chamber for alleged prevarication, abuse of power and disobedience. This could result in their removal from the Court.
The ICJ wishes to reiterate that, in accordance with international standards, the judiciary must be protected from any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, including from legislative or executive authorities.
The mission, led by a high-level ICJ delegation that included ICJ Commissioners Justice Philippe Texier and Professor Rodrigo Uprimny, focused on access to justice and legal remedies for victims of violations of economic, social and cultural rights.
It engaged in discussions with members of the legal profession, civil society and various authorities including the public prosecutor office (the Procuradoria General de la Republica and the Procuradoria para la Defensa de los Derechos Humanos), as well as with the Constitutional Chamber. Continue reading El Salvador: authorities urged to respect and protect the independence of the judiciary | CIJL-ICJ
Call on Indonesian authorities to ensure right to a fair trial for Chief Justice of the Constitutional Court | CIJL-ICJ
The ICJ is calling on the Indonesian authorities to ensure that the proceedings against Justice Akil Mochtar fully comply with international law and standards on fair trial and the independence and impartiality of the judiciary.
Justice Mochtar, Chief Justice of Indonesia’s Constitutional Court (photo), is accused of taking a bribe to issue a favourable verdict in an election dispute.
Justice Mochtar was arrested on 2 October 2013 and remains in custody. According to a spokesperson for the Corruption Eradication Commission, he is alleged to have received a bribe, through several intermediaries, from Hambit Binti, a district chief whose re-election was contested.
The Constitutional Court has sole jurisdiction over disputes contesting the conduct or results of elections.
The ICJ calls for a prompt, thorough and impartial investigation of these serious allegations.
The impartiality of the judiciary is an essential condition for respect for the rule of law, and is undermined when judicial decisions are made on the basis of financial inducements rather than solely according to evidence and the law.
Integrity is vital to the proper Continue reading Call on Indonesian authorities to ensure right to a fair trial for Chief Justice of the Constitutional Court | CIJL-ICJ
Russian Federation: ICJ condemns killing of a judge in Dagestan | CIJL-ICJ
The ICJ today expressed grave concern over the shooting of a Supreme Court judge of Dagestan and his son.
The ICJ calls on the federal and local authorities to ensure prompt, independent, impartial and thorough investigation of the shooting of Judge Mukhtar Shapiyev (photo) and his son.
Those reasonably suspected of responsibility for this crime should be identified and brought to justice in fair and transparent proceedings, where the rights of all the parties, including the victims and the accused are respected.
The ICJ recalls that Mukhtar Shapiyev is the third judge to be killed in Dagestan this year. Continue reading Russian Federation: ICJ condemns killing of a judge in Dagestan | CIJL-ICJ
Report of the Third ICJ Geneva Forum for Judges and Lawyers | CIJL-ICJ
The Third ICJ Geneva Forum for Judges and Lawyers, which took place on 13 December 2012, focused on the role of the domestic court in improving access to justice. The report is now online.
In three sessions, participants discussed how domestic courts grapple with the tension of applying universal standards in the domestic context; the role of the lawyer in strengthening the protection of international human rights law and standards through domestic litigation; and how judges compare national integration of various international human rights law and standards.
Mr. Douwe Sikkema participated on behalf of Judges for Judges at the forum.
Pakistan: assassination attempt on High Court judge is assault on rule of law | CIJL-ICJ
The ICJ condemns the attempted assassination of Justice Baqar Maqbool, a judge of the Sindh High Court, who also sits on the anti-terrorism court in Karachi, Pakistan.
A bomb blast injured Justice Maqbool and thirteen others and killed at least nine people.
“This is the second bombing targeting the Pakistani judiciary in under six months. The ICJ is extremely concerned that these attacks signal a renewed challenge to the ability of the Pakistani judiciary to function as an independent institution,” said Sheila Varadan, ICJ’s South Asia Legal Advisor.
According to local media sources, the Tehreek-e-Taliban Pakistan (TTP), an armed group operating in northwestern Pakistan, has claimed responsibility for the bombing, admitting that it specifically targeted Justice Maqbool for his ‘anti-shariah’ judgments and ‘ruling against the mujahideen’.
“Any physical attack on a judge constitutes a serious threat to the rule of law and the independence of the judiciary. Continue reading Pakistan: assassination attempt on High Court judge is assault on rule of law | CIJL-ICJ