All posts by Redactie

Activiteiten, Colombia

Colombia Caravana presentatie rapport ‘Judges at Risk’

Vrienden van Rechters voor Rechters,

In deze dagen vol Oranje-aandacht maken wij u graag attent op een andere bijzondere bijeenkomst en wel op maandagavond 29 april a.s. in Londen van 18.30-20 uur (met een borrel na afloop).

Dan zal de Nederlandse rechter Peter Ingelse het rapport ‘Judges at risk‘ presenteren over de zeer moeilijke en vaak (levens)gevaarlijke situatie van rechters in Colombia.

Ingelse reisde in augustus 2012 naar Colombia en maakte namens Rechters voor Rechters deel uit van de internationale Colombia Caravana 2012 [colombiancaravana.org.uk]. Op de vorige missies, in 2008 en 2010, waren het voornamelijk advocaten die deelnamen, maar in 2012 reisden er voor het eerst ook twee rechters mee. Continue reading Colombia Caravana presentatie rapport ‘Judges at Risk’ →

CIJL_ICJ, Marokko

Morocco: fully independent judiciary must be established | CIJL-ICJ

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

The ICJ, FIDH and EMHRN call on the Moroccan authorities to comprehensively reform the judiciary and to bring it in line with international standards.

Reforms should be aimed at ending effective executive control over the Higher Judicial Council, reforming the statute of magistrates, ensuring the independence of prosecutors and removing the military court’s jurisdiction over civilians.

The call comes as the ICJ, the International Federation for Human Rights (FIDH) and the Euro-Mediterranean Human Rights Network (EMHRN) ended a high-level mission to Morocco to assess the current legal framework and its adherence to the principles of judicial independence, impartiality and accountability.

In a memorandum addressed to the Moroccan authorities, the three organizations formulated 20 specific recommendations for reform.

“The Moroccan authorities should amend the law to put an end to the comprehensive control the executive exercises over the career of judges, including their nomination, promotion and disciplinary proceedings against them, Continue reading Morocco: fully independent judiciary must be established | CIJL-ICJ →

Activiteiten, Colombia

29.04: Judges at Risk | Columbiana Caravana

In August 2012 the international delegation of lawyers and judges, known as the Colombian Caravana, visited seven regions of Colombia to investigate and monitor human rights. Among the delegates, the judges’ special task was to interview members of the Colombian judiciary. Their report tells of the exceptional difficulties faced by judges in Colombia, many of whom receive protective measures from the Colombian authorities. Challenges to the rule of law and to the independence of the judiciary and threats, attacks and assassinations hamper access to justice and the judicial system.

  • Speakers: Judge Carol Huddart, Canada, & Judge Peter Ingelse, the Netherlands
  • Chair: Professor Sara Chandler, Chair of the Law Society Human Rights Committee

The event will be followed by a reception

All are welcome.
Please register with colombian.caravana@gmail.com

  • Monday 29 April 2013, 18:30-20:00hrs
  • The Old Council Chamber, The Law Society,
  • Chancery Lane, WC2a 1pl, London
CIJL_ICJ, Rusland

Seminar on reform of judicial disciplinary system | CIJL-ICJ

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

On Monday 15 April, the ICJ will hold a roundtable seminar with judges of the Russian Federation’s highest courts, on disciplinary action against judges in the Russian Federation.

The seminar follows an ICJ report of 2012, Securing Justice: The disciplinary system for judges in the Russian Federation, which analyzed the structures and procedures for disciplinary action against judges, the grounds for disciplinary action and the penalties imposed by law and in practice.

The report raised concern at the unusually high rate of dismissals of judges in the Russian Federation.

It found that vagueness of the grounds for disciplinary action, lack of consistency in application, and the potential for manipulation of the process by court presidents and others, allows for potentially abusive, application of disciplinary sanctions.

This situation has significant consequences for judicial independence.

The ICJ welcomes the recent submission by the Government of a draft law on the judicial disciplinary system to the State Duma, which introduces some important reforms, in particular by establishing for the first time a limitation period for disciplinary action against judges, a problem identified in the Report.

The ICJ considers however that further, more comprehensive reform of the disciplinary system is needed to Continue reading Seminar on reform of judicial disciplinary system | CIJL-ICJ →

IBAHRI, Sri Lanka

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.

[…]

Continue reading & report: http://www.ibanet.org/Article/Detail.aspx?ArticleUid=c90b7a2f-5ee2-4e5b-be6c-f7fcb9864e81

Hongarije, IBAHRI

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.

[…]

Continue reading: http://www.ibanet.org/Article/Detail.aspx?ArticleUid=BD579F00-0B69-4314-B9BF-F1A0A728A04F

CIJL_ICJ, Zimbabwe

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 →

CIJL_ICJ, Pakistan

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 →

CIJL_ICJ, Nepal

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 →

CIJL_ICJ, Verenigde Arabische Emiraten

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 →