All posts by Redactie

CIJL_ICJ, Uruguay

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

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 →

CIJL_ICJ, Moldavië

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 →

Activiteiten, Algemeen, Tunesië

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 →

CIJL_ICJ, Tunesië

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 →

CIJL_ICJ, Nepal

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 →

CIJL_ICJ, Sri Lanka

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 →

Algemeen, 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 →

CIJL_ICJ, Suriname

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 →

CIJL_ICJ, Sri Lanka

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 →