Category Archives: CIJL_ICJ

Like the ICJ, the Bar Association of Sri Lanka (BASL) issued a statement strongly condemning the impeachment of Chief Justice Bandaranayake.

The BASL called on its members to refrain from attending Court or engaging in any professional duties on 10 and 11 January 2013 in protest of Parliament’s decision to move forward with the impeachment process. The statement is reproduced below:

The Bar Association of Sri Lanka strongly, unequivocally and with no reservations whatsoever condemns the decision to take up for debate the impeachment motion against her Ladyship the Chief Justice Dr. Shirani A. Bandaranayake based on the findings of the Parliamentary Select Committee which was quashed by the Court of Appeal and determined to be unlawful by the Supreme Court. The Bar Association has decided to call for all its members (in 78 Branch Associations) to refrain from attending to any Professional duty in protest on the 10th and 11th of January 2013 to express our deplorable condemnation. Continue reading Bar Association of Sri Lanka calls for a two-day strike to protest impeachment motion →

CIJL_ICJ, Sri Lanka

Sri Lanka’s Parliament should reject motion to impeach Chief Justice | CIJL-ICJ

9 januari 2013 Redactie

Members of Sri Lanka’s Parliament should reject the impeachment motion to remove Chief Justice Shirani Bandaranayake, that will be put before Parliament on 10-11 January 2013, the ICJ said today.

The ICJ call comes after a three-member panel of the Supreme Court, in a decision issued on 1 January 2013, ruled that the impeachment procedure in Parliament was not constitutionally valid, finding that such procedures could only be established ‘by law’ enacted by Parliament. The Standing Orders governing the current impeachment investigative process are not considered ‘law’ under the Constitution of Sri Lanka.

“The assault on the independence of the Sri Lankan judiciary in recent months has brought Sri Lanka to the brink of a constitutional crisis,” said Sam Zarifi, ICJ’s Asia Director. “If the impeachment motion is passed in Parliament in defiance of decisions of the country’s judiciary, it will signal a massive breakdown in the rule of law and checks and balances.”

The ICJ stresses that in a democratic society operating under the rule of law, the principle of judicial review is paramount and judges have the ultimate authority to determine what the law provides.

Following the Supreme Court decision, Continue reading Sri Lanka’s Parliament should reject motion to impeach Chief Justice | CIJL-ICJ →

CIJL_ICJ, Egypte

Egypt must withdraw draft Constitution and allow for a participatory constitutional reform process | CIJL-ICJ

14 december 2012 Redactie

The ICJ today expresses its grave concern regarding the draft Constitution and the constitutional referendum to be held on 15 December 2012 and 22 December 2012.

The ICJ calls upon the Egyptian authorities to ensure the right of Egyptians to fully participate in the constitution-making process in pursuit of their democratic aspirations.

In a new legal briefing paper, the ICJ analyses key provisions of Egypt’s draft Constitution in light of international human rights and rule of law standards.

“The draft Constitution falls short of international standards, including those concerning the accountability of the armed forces, guaranteeing the independence of the judiciary, and recognizing universally accepted human rights,” Continue reading Egypt must withdraw draft Constitution and allow for a participatory constitutional reform process | CIJL-ICJ →

CIJL_ICJ, El Salvador, Guatemala, Honduras

Dismissal of judges in Honduras: ICJ Statement | CIJL-ICJ

14 december 2012 Redactie

Following recent attacks against the independence of the judiciary in several Central American countries, the ICJ issued today a strong position statement (in Spanish). (Klik hier voor een Google vertaling Spaans-Nederlands)

La CIJ ante los últimos acontecimientos que afectan seriamente la independencia de los differentes poderes judiciales en países de la región centroamericana, expresa:

Durante el año 2012, la CIJ ha constatado que los diferentes gobiernos y autoridades de los países de Centroamérica han realizado actos que afectan seriamente la independencia judicial. En Honduras, el miércoles 12 de diciembre, la Asamblea Legislativa procedió a destituir a cuatro magistrados de la Sala Constitucional de la Corte Suprema de Justicia, sin tener facultades o atribuciones para un acto de esta naturaleza. Esta destitución nos sitúa frente a un escenario similar al del Golpe de Estado de junio de 2009;
En El Salvador, se han dado hechos similares; durante todo el año 2012, la Asamblea Legislativa y otros grupos del poder político, han pretendido desarticular la Sala Constitucional de la Corte Suprema de dicho país, debido al contenido de sus sentencias; en Costa Rica hace unas semanas, también la Asamblea Legislativa se negó a ratificar en su cargo a un magistrado de la Sala Constitucional de la Corte Suprema de Justicia, alegando que los fallos de dicha sala creaban una “situación de ingobernabilidad” y que ese acto era un “llamado de atención para el resto de los magistrados”, siendo la primera vez que el Organismo Legislativo se negó a ratificar en su cargo un nuevo mandato de un magistrado del alto Tribunal;
En Guatemala, tanto el Presidente de la Cámara Penal de la Corte Suprema de Justicia como la Fiscal General, vienen siendo objeto de ataques a su independencia por parte de abogados defensores de las personas acusadas, por la función positiva que han cumplido en la lucha contra la impunidad en casos de graves violaciones a los derechos humanos cometidas durante el conflicto armado;

La CIJ considera que todos Continue reading Dismissal of judges in Honduras: ICJ Statement | CIJL-ICJ →

CIJL_ICJ, Sri Lanka

Sri Lanka: Chief Justice’s impeachment hearing violates due process | CIJL-ICJ

7 december 2012 Redactie

The impeachment process against Chief Justice Shirani Bandaranayake ignores international standards and practice, says the ICJ.

The ICJ urges the government of Sri Lanka to take immediate steps to uphold the independence of the judiciary and adhere to international standards and practice on the removal of judges.

Today, the Chief Justice and her team of lawyers walked out of the impeachment hearing in protest over the denial of a fair hearing.

Protests supporting and opposing the impeachment process erupted on Tuesday 4 December 2012 as the Chief Justice appeared before the Parliamentary Select Committee for the second time.

Over two hundred judges, several hundred lawyers, trade union leaders and a large number of religious dignitaries assembled to show their support for the Chief Justice.

Opposition members of parliament publicaly called on the Government to adhere to principles of fair trial and due process in the impeachment process.

Reportedly the Chief Justice has been denied the right to Continue reading Sri Lanka: Chief Justice’s impeachment hearing violates due process | CIJL-ICJ →

CIJL_ICJ, Rusland

Russia: disciplinary measures must not hamper the independence of judges | CIJL-ICJ

4 december 2012 Redactie

In a report published today, the ICJ calls for comprehensive reforms of the disciplinary system for judges in Russia as a means to ensure an independent judiciary that is an effective guardian of the rule of law.

The ICJ report Securing Justice: the Disciplinary System for Judges in the Russian Federation focuses on disciplinary action against judges, in particular on dismissals.

It considers how dismissals and the disciplinary system affect the independence of judges, which is essential to the Rule of Law and the right to a fair trial.

An unusually high number of judges are dismissed each year in the Russian Federation, the report says.

“The threat of dismissal, and the uncertainty of the grounds on which a judge can be dismissed, affects the capacity of all judges to act independently,” said Róisín Pillay, Director of the ICJ Europe Programme. “The threat of disciplinary action may hang over a judge for many years, since there is no limitation period for such action. This makes the judge Continue reading Russia: disciplinary measures must not hamper the independence of judges | CIJL-ICJ →

CIJL_ICJ, Egypte

New Constitutional Declaration undermines Rule of Law in Egypt | CIJL-ICJ

26 november 2012 Redactie

The ICJ expressed its grave concerns regarding the new Constitutional Declaration issued by President Mohamed Morsi on 22 November.

The President’s unilateral imposition of a constitutional framework on the Egyptian people, under which Constitutional Declarations, decisions, laws and acts taken by the President are shielded from any judicial review, undermines basic rule of law principles.

“Rather than establishing the rule of law and meeting the democratic aspirations of the Egyptian people, President Morsi perpetuates the practices of the old regime by denying the rights of Egyptians Continue reading New Constitutional Declaration undermines Rule of Law in Egypt | CIJL-ICJ →

CIJL_ICJ, Sri Lanka

Impeachment of Sri Lankan Chief Justice: Government must adhere to international standards of due process | CIJL-ICJ

7 november 2012 Redactie

The impeachment process against Sri Lankan Chief Justice Shirani Bandaranayake must follow international standards of due process says the ICJ.

“Many people in Sri Lanka have called the impeachment proceedings against Chief Justice Bandaranayake a politically motivated attack on the independence of the judiciary,” said Sam Zarifi, Asia Director of the ICJ. “If the government wants to dispel any such notion, it must adhere to international standards of due process in the impeachment proceedings.”

The proceedings come in the wake of the Supreme Court ruling on a controversial bill, the Divi Neguma bill, before Parliament.

The bill seeks to establish a centralized development authority Continue reading Impeachment of Sri Lankan Chief Justice: Government must adhere to international standards of due process | CIJL-ICJ →

CIJL_ICJ, Sri Lanka

Sri Lanka: new ICJ report documents ‘Crisis of Impunity’ | CIJL-ICJ

1 november 2012 Redactie

The Sri Lankan government must immediately cease its assault on the independence of the judiciary, the ICJ said in a new report released today.

The 150-page report, Authority without Accountability: The Crisis of Impunity in Sri Lanka (PDF), documents how, and why, it has become nearly impossible for people who have suffered serious violations of their human rights to receive justice in Sri Lanka. Recent attacks on judicial officers and judges only highlight the systematic erosion of accountability mechanisms.

“Victims and survivors of major human rights violations do not receive redress, and perpetrators are not brought to justice. The absence of justice removes an important deterrent to future perpetrators,” said Sam Zarifi, ICJ’s Asia Director. “This situation is the very definition of a climate of impunity, Continue reading Sri Lanka: new ICJ report documents ‘Crisis of Impunity’ | CIJL-ICJ →

CIJL_ICJ, Kazachstan

Kazakhstan: disciplinary action against judge Zhumasheva is an attack on judicial independence | CIJL-ICJ

30 oktober 2012 Redactie

The ICJ today expressed its concern at disciplinary sanctions and threats of criminal prosecution against Judge Aliya Zhumasheva of the Kachirsk District Court of Pavlodar Region in Kazakhstan.

The Judge was subjected to disciplinary sanction after refusing to abide by wrongful demands from senior colleagues as well as the Prosecutor’s Office to issue convictions in two criminal cases.

At a press conference on 18 October, prior to the disciplinary hearing in her case, Judge Zhumasheva stated that she Continue reading Kazakhstan: disciplinary action against judge Zhumasheva is an attack on judicial independence | CIJL-ICJ →