Sri Lanka fact-finding, 2013 | IBAHRI

In March 2013, an IBAHRI delegation undertook a remote rapid-response fact-finding mission to investigate the impeachment proceedings of Chief Justice Bandaranayake, the independence of the legal profession and the rule of law in Sri Lanka.

The report, entitled A Crisis of Legitimacy: The Impeachment of Chief Justice Bandaranayake and the Erosion of the Rule of Law in Sri Lanka,concluded that the removal from office in Sri Lanka of Chief Justice Bandaranayake was unlawful, is undermining public confidence in the rule of law, and threatening to eviscerate the country’s judiciary as an independent guarantor of constitutional rights.The delegation found there to be a systematic effort to intimidate and discredit lawyers and others who advocate and promote respect for fundamental rights in Sri Lanka.The report made ten recommendations, addressed to the Sri Lankan authorities and to the UN, the Commonwealth Secretariat, the Commonwealth Ministerial Action Group and Member Countries of the Commonwealth the delegation.

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Hungarian Constitutional Court restrictions of great concern | IBAHRI

The International Bar Association’s Human Rights Institute (IBAHRI) is deeply concerned by the Hungarian Parliament’s adoption of a Fourth Amendment to the Hungarian Fundamental Law (the ‘Constitution’) that further limits the authority of the Constitutional Court.

The Fourth Amendment, adopted 11 March 2013, prohibits the Constitutional Court from examining the substantive constitutionality of future proposed amendments to the Constitution and strips the Court of the right to refer in its rulings to legal decisions made prior to January 2012, when the new constitution came into effect.

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Zimbabwe: ICJ condemns the arrest and detention of Beatrice Mtetwa | CIJL-ICJ

The Centre for the Independence of Judges and Lawyers (CIJL)

The ICJ and other legal groups express their deepest concern at the unlawful arrest and detention of prominent Zimbabwean human rights lawyer, Beatrice Mtetwa and officials of the MDC-T party.

Beatrice Mtetwa was arrested after attempting to come to the aid of her clients, Thabani Mpofu, Felix Matsinde, Anna Muzvidziwa and Worship Dumba. Mtetwa had sought to ensure that the search of the communications office of the MDC-T and the arrest of the four complied with legal requirements, demanding that the police produce a search warrant. She was instead arrested and charged with “obstructing the course of justice.”

Thereafter, she and the four MDC-T officials were taken to Rhodesville police station in Harare. Lawyers from Zimbabwe Lawyers for Human Rights (ZLHR) worked late into the night of Sunday, 17 March, urgently petitioning the High Court of Zimbabwe to secure Mtetwa’s release. The order was granted just before midnight.

At present it appears that police are seeking to elude compliance with the order as reports indicate that Mtetwa is being transferred from one Harare police station to another as lawyers for Mtetwa seek to serve the court order on different police stations.

The arrest of Mtetwa and the four MDC-T officials is in itself alarming, Continue reading Zimbabwe: ICJ condemns the arrest and detention of Beatrice Mtetwa | CIJL-ICJ

Pakistan: ICJ condemns attack on the Peshawar Courthouse | CIJL-ICJ

The Centre for the Independence of Judges and Lawyers (CIJL)

The ICJ strongly condemns today’s suicide attack on the Peshawar court complex in Pakistan.

“An independent judiciary, free from violence, threats of violence or intimidation is a basic precondition to a functioning democracy under the rule of law,” said Alex Conte, Director of ICJ’s International Law and Protection Programmes.

“The suicide attack drives home the failure of the Pakistani government to fulfill its obligation to protect the right to personal security of the millions of people living in northwest Pakistan who have to face the daily threat of suicide bombings or unlawful killings,” said Sam Zarifi, ICJ’s Asia & Pacific Regional Director.

Under the United Nations Basic Principles on the Independence of Judges, the State must take steps to protect the judiciary from threats, violence or any other interference from any quarter for any reason.

Under international law, notably the International Covenant on Civil and Political Rights, Pakistan must take active steps to Continue reading Pakistan: ICJ condemns attack on the Peshawar Courthouse | CIJL-ICJ

ICJ calls on Nepali Chief Justice to step down as judge after appointment as Prime Minister | CIJL-ICJ

The Centre for the Independence of Judges and Lawyers (CIJL)

Chief Justice Khil Raj Regmi should not keep his position on the Supreme Court after he was appointed today as the country’s interim prime minister so as to preserve the independence of the judiciary and the rule of law.

“The Supreme Court under the leadership of Chief Justice Khil Raj Regmi, has demonstrated a strong commitment to upholding the rule of law and protecting human rights in Nepal,” said Ben Schonveld, ICJ’s South Asia Director in Kathmandu. “To preserve the Nepali judiciary’s hard-won independence, the Chief Justice should step down from his post as soon as he assumes his position at the top of the Executive Branch.”

The Chief Justice Khil Raj Regmi was appointed as Chairperson of the Council of Ministers – effectively the country’s Prime Minister – today.

The country’s four key political parties agreed on an arrangement whereby Chief Justice Khil Raj Regmi will refrain from participating in his duties as Chief Justice of the Supreme Court while exercising powers of the Prime Minister conferred by the Interim Constitution, in brokering an election of the Constituent Assembly.

After the election is held, the agreement provides that the Chief Justice will resume his power and regular duties as Chief Justice.

In the interim, the senior-most judge of the Supreme Court will act as Chief Justice.

“Appointing the serving Chief Justice to act as Chairperson of the Council of Ministers throws the country into uncharted constitutional waters,” Schonveld added. “This agreement obliterates Continue reading ICJ calls on Nepali Chief Justice to step down as judge after appointment as Prime Minister | CIJL-ICJ

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

The Centre for the Independence of Judges and Lawyers (CIJL)

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

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

The Centre for the Independence of Judges and Lawyers (CIJL)

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

Venezuela must release judge Afiuni who suffered sexual violence in jail – UN experts

A group of United Nations experts urged Venezuela to immediately release Judge María Lourdes Afiuni, who has been in detention for the past three years and was the victim of sexual violence and aggression during the time she was incarcerated.

“It is unacceptable that Venezuelan authorities are not acting with due diligence to investigate the acts perpetrated against Judge Afiuni in an immediate and impartial manner, and severely punish those responsible,” said the Special Rapporteur on violence against women, Rashida Manjoo.

Ms. Afiuni was imprisoned in December 2009 after she allowed the release of a businessman charged with subverting currency controls. She said that the man, Eligio Cedeño, had been held in prison while awaiting trial longer than Venezuelan law generally permitted, and that her ruling complied with a recommendation by a UN human rights organ.

Since then, Ms. Afiuni has been held in pre-trial detention. According to her lawyer, Ms. Afiuni was raped while in prison and consequently had an abortion. Last year, she was granted house arrest in Caracas, the capital, due to medical problems.

“Judge Afiuni’s situation is an emblematic case of reprisal for having cooperated with one of the UN’s human rights organs,” Continue reading Venezuela must release judge Afiuni who suffered sexual violence in jail – UN experts

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

The Centre for the Independence of Judges and Lawyers (CIJL)

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

Uitnodiging: Winnares Geuzenpenning 2013 Radhia Nasraoui spreekt in Verzetsmuseum Amsterdam over Transitional Justice in Tunesië

Donderdag 14 maart aanstaande is de Tunesische advocate Radhia Nasraoui, laureaat van de Geuzenpenning 2013, te gast in het Verzetsmuseum Amsterdam. Radhia Nasraoui is mensenrechtenadvocate en komt, ongeacht hun achtergrond, sinds decennia op voor politiek gedetineerden. Zij richtte in 2003 een organisatie tegen martelingen in Tunesië op. Nasroui is eregast bij een debatprogramma dat het Verzetsmuseum Amsterdam en Amnesty International Nederland naar aanleiding van de Geuzenpenning 2013 organiseren rond Transitional Justice in Tunesië en het proces van waarheidsvinding en gerechtigheid. Transitional justice is het herstel van recht na een periode van dictatuur of oorlog. Transitional justice behelst maatregelen aangaande waarheidsvinding; initiatieven voor gerechtigheid, berechting, herstel en compensatie; en het creëren van een betrouwbare en wettige basis waarop het land verder kan. De bijeenkomst op 14 maart in het Verzetsmuseum start om 14.00 uur en is Engelstalig. Op 13 maart krijgt Nasraoui in Vlaardingen de Geuzenpenning 2013 uitgereikt.

 

Overige sprekers bij de bijeenkomst zijn: Continue reading Uitnodiging: Winnares Geuzenpenning 2013 Radhia Nasraoui spreekt in Verzetsmuseum Amsterdam over Transitional Justice in Tunesië