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

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

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

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

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

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

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

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

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

From our partner: CIJL Newsletter – N°2

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

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

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

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

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

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

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

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

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

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

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

Bar Association of Sri Lanka calls for a two-day strike to protest impeachment motion

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

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

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

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

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

Mensenrechtendag 2012

Op 10 december 2012 organiseerde Rechters voor Rechters samen met de stichting Advocaten voor Advocaten en advocatenkantoor Kennedy van der Laan een Mensenrechtendag, met als thema de onafhankelijkheid van rechters, advocaten en openbaar aanklagers. Het idee voor deze bijeenkomst was afkomstig van de speciale VN- rapporteur voor de onafhankelijkheid van rechters en advocaten, Gabriela Knaul. Zij wilde de drie betreffende beroepsgroepen voor een eerste keer met elkaar in contact brengen met het oog op een verdere mogelijke samenwerking op dit gebied.

De dag bestond uit twee gedeelten. In het publieke eerste gedeelte spraken onder andere Germ Kemper, deken van de Amsterdamse Orde van Advocaten, en een vanwege de uitoefening van zijn werkzaamheden bedreigde Russische advocaat. Frederiek de Vlaming, medeoprichtster van Advocaten voor Advocaten, was hierbij moderator. Gerritjan van Oven en Phon van der Biesen vertelden over hun werkzaamheden voor resp. Rechters voor Rechters en Advocaten voor Advocaten. Na een uiteenzetting over het werk van Gabriela Knaul spitste de discussie zich toe op de vraag hoe rechters en advocaten die vanwege hun werk worden bedreigd, ondersteund kunnen worden. Peter Ingelse, president van de Ondernemingskamer, en Alice Krispijn, advocate bij Kennedy Van der Laan, vertelden over hun deelname afgelopen zomer aan de Caravana Internacional de Juristas in Columbia: tijdens deze fact finding missie sprake zij met rechters en advocaten. Het hierover op te stellen rapport zal begin 2013 aan Gabriela Knaul worden aangeboden.