Category Archives: CIJL_ICJ

United Arab Emirates: ICJ condemns blatant disregard of the right to a fair and public trial | CIJL-ICJ

13 maart 2013 Redactie

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, Continue reading United Arab Emirates: ICJ condemns blatant disregard of the right to a fair and public trial | CIJL-ICJ →

CIJL_ICJ, Uruguay

ICJ to assess independence of judiciary in Uruguay | CIJL-ICJ

12 maart 2013 Redactie

The ICJ is undertaking today a five-day mission to Uruguay to gather information concerning recent developments affecting the independence of the judiciary in the country.

The mission members will meet with a broad group of stakeholders in Uruguay.

The mission will also look at the impact that these developments have on the exercise of the right of victims to effective remedies for human rights violations.

The two-member mission will consist of ICJ Commissioner Belisário dos Santos Junior and Alejandro E. Salinas Rivera, member of the Advisory Committee of the ICJ Centre for the Independence of Judges and Lawyers.

Continue reading ICJ to assess independence of judiciary in Uruguay | CIJL-ICJ →

CIJL_ICJ, Moldavië

Moldova: more work needed to implement judicial reforms | CIJL-ICJ

26 februari 2013 Redactie

Reform of the Moldovan judicial system needs further commitment from parliament, government, the judiciary and judicial bodies, if recent legislative measures are to bring real change, according to a new report.

The report Reforming the Judiciary in Moldova: Prospects and Challenges, launched today by the International Commission of Jurists (ICJ) and the Soros Foundation-Moldova (SFM), follows an ICJ mission to this country in September 2012 and analyses the recent progress made in reform of the Moldovan judicial system.

Today’s report welcomes many of the comprehensive legislative reform that have been enacted in the past year, but warns that further measures are needed to build a strong and independent judiciary, in practice as well as in law, and to ensure that effective mechanisms of judicial accountability are applied fairly and are compatible with judicial independence.

“Judges are responsible for one of the most important functions in any society – the fair and effective administration of justice. The priority that is being given in Moldova to judicial reform is therefore welcome,” said Róisín Pillay, Director of the ICJ Europe Programme. “A strong and independent judiciary is essential to ensure that everyone can be confident of a fair hearing when they come before the Courts, and of an effective remedy when their rights have been violated.”

“Judicial independence goes hand in hand with judicial accountability – judges are not above the law. Continue reading Moldova: more work needed to implement judicial reforms | CIJL-ICJ →

CIJL_ICJ, Tunesië

Tunisia: the draft Constitution should be amended to meet international standards | CIJL-ICJ

7 februari 2013 Redactie

In a new report, the ICJ calls on the authorities, especially the National Constituent Assembly, to elaborate and adopt a constitution that takes account of the full range of views of the Tunisian people and adheres to international law and standards.

Released today, the report, Enhancing the Rule of Law and guaranteeing human rights in the Constitution, comes as the ICJ concludes a high-level mission to Tunisia. It analyzes the constitutional reform process in Tunisia and sets out recommendations for legal and institutional reforms aimed to ensure a Constitution that reflects international law and standards.

Through its report, the ICJ calls for the Constitution to be amended to: fully guarantee the separation of powers; ensure the accountability of the security services and armed forces and their subordination to a civilian authority; bring the judicial system in line with international standards of independence, impartiality and accountability; end the use of military courts to try civilians and cases involving human rights violations; incorporate a comprehensive Bill of Rights; recognize the right to life as an absolute right, and abolish the death penalty; and provide effective mechanisms for the protection of human rights and ensuring the right to a remedy.

“The constitution-making process has been Continue reading Tunisia: the draft Constitution should be amended to meet international standards | CIJL-ICJ →

CIJL_ICJ, Nepal

Nepal: ICJ calls for end to political interference in case of Dekendra Thapa killing | CIJL-ICJ

7 februari 2013 Redactie

The Nepali government must ensure that the case of the 2004 killing of journalist Dekendra Thapa can proceed without further political interference, the ICJ said today.

“Political interference into an ongoing criminal investigation constitutes a fundamental attack on the rule of law in Nepal,” said Frederick Rawski, ICJ Nepal Country Representative. “The Government must ensure that there are no further attempts to subvert the course of justice.”

On 11 January, Nepal’s Attorney General, Mukti Pradhan, sent a written instruction to the local police and prosecutor not to move forward with the investigation and prosecution.

In response to a petition challenging the instruction, on 16 January, the Supreme Court ordered both Prime Minister Baburam Bhattarai and the Attorney General not to intervene in the ongoing investigation.

The Home Ministry subsequently ordered the transfer of officials involved in the investigation, and the Prime Minister himself Continue reading Nepal: ICJ calls for end to political interference in case of Dekendra Thapa killing | CIJL-ICJ →

CIJL_ICJ, Sri Lanka

Sri Lanka: judges around the world condemn impeachment of Chief Justice Dr Shirani Bandaranayake | CIJL-ICJ

23 januari 2013 Redactie

Today, senior judges and eminent jurists from around the world joined together, calling on the Government of Sri Lanka to reinstate the legal Chief Justice Dr Shirani Bandaranayake.

An open letter issued by the Centre for the Independence of Judges and Lawyers of the International Commission of Jurists (ICJ) was sent to the Honorable Speaker of Parliament Chamal Rajapakse and H.E. President Mahinda Rajapakse, condemning the removal of Chief Justice Dr Shirani Bandaranayake as unconstitutional and in contravention of international standards on judicial independence.

The letter emphasized that an independent and impartial judiciary is essential for the protection of human rights, the rule of law, good governance and democracy.

It says: “The irremovability of judges is a main pillar of judicial independence. Judges may be removed only in the most exceptional cases involving serious misconduct or incapacity. And in such exceptional circumstances, any removal process must comport with international standards of due process and fair trial, including the right to an independent review of the decision.”

The impeachment process, and subsequent removal of the legal Chief Justice disregarded international standards of judicial independence and minimum guarantees of due process and fair trial.

“The Rajapakse Government has brought Sri Lanka within steps of authoritarian rule, dismantling the system of checks and balances and eviscerating judicial independence,” said Wilder Tayler, ICJ Secretary General.

The Government’s conduct is a flagrant violation of the core values of Continue reading Sri Lanka: judges around the world condemn impeachment of Chief Justice Dr Shirani Bandaranayake | CIJL-ICJ →

Algemeen, CIJL_ICJ

From our partner: CIJL Newsletter – N°2

22 januari 2013 Redactie

This newsletter informs you on recent activities and ongoing situations related to the work of the Centre for the Independence of Judges and Lawyers.

EDITORIAL

Annually the ICJ’s Centre for the Independence of Judges and Lawyers organizes the Geneva Forum for Judges and Lawyers, aiming to stimulate reflection among the international legal community on judicial independence issues and on the role of the legal profession in the protection of human rights. The 2012 Geneva Forum for Judges and Lawyers (last December) centred on the role of the domestic court in improving access to justice for victims of human rights violations. The participants reflected inter alia on ways to support and reinforce the use of international human rights norms in the domestic court.

A wide range of legal, political, socio-economic and cultural factors that influence the domestic court’s application of international human rights law were discussed. Legal knowledge and integrity emerged as crucial to the use of international human rights norms by the domestic judge. That is, it is essential to domestic proceedings judges and lawyers know well the substance of international human rights law and that they are aware of techniques to overcome real or ‘invented’ obstacles in its application, on the one hand, and that judges are willing to hear arguments based on international human rights law and comprise them in their reasoning, on the other.

Forum participants outlined three avenues to build legal capacity and stimulate judges to exercise the choice based on integrity. Firstly, both judges and lawyers require education on human rights law; moreover, this training should not be limited to one specific course on international human rights law, but be integrated into criminal law and other courses too. Next, participants adhered much value to the “inter-judicial dialogue”, which allows judges to exchange views and get acquainted with foreign decisions they can use to support their own reasoning. Lastly, this dialogue can be turned into pressure, as judges generally wish to be respected by their peers and accordingly will be more reluctant to exercise the choice that lacks integrity, if they are aware their colleagues are watching.

The ICJ is well placed to put this assessment into action and to contribute to improving access to justice to victims of human rights violations. Continue reading From our partner: CIJL Newsletter – N°2 →

CIJL_ICJ, Suriname

Suriname: unacceptable delays and uncertainty in trial of former President Bouterse and others | CIJL-ICJ

22 januari 2013 Redactie

The ICJ today expressed its concern at further delays in the trial of President Desiré Delano Bouterse and 24 others, who are accused of the murder of thirteen civilians and two military personnel in 1982.

The ICJ further expressed its dissatisfaction with the continued uncertainty on the applicability of an Amnesty Law that could threaten the status of the trial.

No public statement has been made by the Suriname Military Court since the judges hearing the matter decided to suspend the trial of President Bouterse in May 2012 and leave it to the public prosecutor and an undesignated court to decide whether President Bouterse and the other accused should benefit from the country’s Amnesty Law.

“It is unacceptable that there have been no pronouncements in this case since the last hearing over eight months ago,” said ICJ Secretary-General Wilder Tayler. “Justice has been denied for more than three decades and it is in everyone’s interests, both the accused and the families of the victims, that this trial should proceed without further delay”.

President Bouterse had been accused of having been present on 8 December 1982 at the military barracks of Fort Zeelandia, where 15 political opponents were allegedly executed.

Reports published by various organizations at the time, including by an ICJ affiliate, Continue reading Suriname: unacceptable delays and uncertainty in trial of former President Bouterse and others | CIJL-ICJ →

CIJL_ICJ, Sri Lanka

Sri Lanka: appointment of new Chief Justice undermines Rule of Law | CIJL-ICJ

16 januari 2013 Redactie

The appointment of former Attorney General Mohan Peiris as Sri Lanka’s new Chief Justice raises serious concerns about the future of the Rule of Law and accountability in the country, the ICJ said today.

Mohan Peiris has served in a variety of high-level legal posts in the past decade, always playing a key role in defending the conduct of the Sri Lankan government.

He served as Sri Lanka’s Attorney-General from 2009 to 2011. Since then he has served as the legal adviser to President Mahinda Rajapakse and the Cabinet.

“During his tenure as Attorney-General and the government’s top legal advisor Mohan Peiris consistently blocked efforts to hold the government responsible for serious human rights violations and disregarded international law and standards,” said Sam Zarifi, ICJ’s Asia director.

“Mohan Peiris’ appointment as the new Chief Justice, after a politically compromised and procedurally flawed impeachment, adds serious insult to the gross injury already inflicted on Sri Lanka’s long suffering judiciary.”

The International Commission of Jurists, in its recent report on impunity in Sri Lanka, highlighted Continue reading Sri Lanka: appointment of new Chief Justice undermines Rule of Law | CIJL-ICJ →

CIJL_ICJ, Sri Lanka

ICJ condemns impeachment of Sri Lanka’s Chief Justice | CIJL-ICJ

11 januari 2013 Redactie

The ICJ condemned the decision of Sri Lanka’s parliament today to impeach the country’s Chief Justice, Shirani Bandaranayake.

“Parliament’s impeachment motion has defied the rulings of the country’s Supreme Court and Court of Appeal, and thus thrown into chaos the entire system of checks and balances in the country,” said Sam Zarifi, ICJ’s Asia-Pacific director.

“Sri Lanka’s parliament and executive have effectively decapitated the country’s judiciary in pursuit of short term political gain. As an immediate matter, this has precipitated a legal and constitutional crisis of unprecedented dimensions; but just as worrying are the consequences of this action, which severely erodes accountability and the rule of law in a country already suffering from decades of impunity.”

The impeachment decision now goes to President Mahinda Rajapakse, who precipitated this crisis initially. Under Article 107 of the 1978 Constitution of Sri Lanka, a Chief Justice can only be removed by an order of the President after a motion supporting the removal is passed by a simple majority of Parliamentarians.

The impeachment process against Chief Justice Shirani Bandaranayake has been widely criticized for ignoring international standards and practice. Continue reading ICJ condemns impeachment of Sri Lanka’s Chief Justice | CIJL-ICJ →