Category Archives: CIJL_ICJ

Algemeen, CIJL_ICJ

Conference on impunity in Central America | CIJL-ICJ

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

Judges from Central America meet in Guatemala on 4-5 June at the International Conference on Impunity and Independence of the Judiciary.

The conference will be followed by a public debate on the role of judges in confronting the phenomenom of impunity.

The event is organized with the support of the EU, the Canton de Genève, Dan Churchaid and medico international.

Below, listen to Ramón Cadena, ICJ Regional Director for Central America, who talks (in Spanish) about the importance of this conference.

==================================================

Jueces de Centroamérica tratan el tema de la impunidad

Las actividades de la Conferencia Regional sobre Independencia Judicial y fenómeno de la impunidad en Centroamérica, con la participación de aproximadamente 25 jueces de la región el 4 y 5 de junio en Guatemala, se llevarán a cabo precisamente una semana después de que la Corte de Constitucionalidad emitiera el controversial fallo que anulara la sentencia que por el delito de Genocidio y Delito Contra los Deberes de Humanidad emitiera en contra del militar retirado José Efraín Ríos Montt el Tribunal de Mayor Riesgo A, Presidido por la Jueza Jazmín Barrios. Continue reading Conference on impunity in Central America | CIJL-ICJ →

Activiteiten, Bulgarije, CIJL_ICJ

Judges for Judges and ICJ observe appeal against dismissal of a judge in Bulgaria | CIJL-ICJ

On 16 May, the International Commission of Jurists (ICJ) and Rechters voor Rechters (Judges for Judges) observed an appeal hearing at the Supreme Administrative Court (SAC) in a case against the dismissal of Miroslava Todorova, a Judge who had been serving on the Sofia City Court.

Judge Todorova is known for critical commentary on the problems in the judiciary in Bulgaria. In this hearing, the Prosecutor’s Office supported Judge Todorova’s appeal against her dismissal, but the Court has not yet issued its decision.

The ICJ previously raised concerns over Judge Todorova’s dismissal from her position of judge and as Chair of the Bulgarian Judges Association, in July 2012. The ICJ was particularly concerned at the Continue reading Judges for Judges and ICJ observe appeal against dismissal of a judge in Bulgaria | CIJL-ICJ →

CIJL_ICJ, Rusland

Russian Federation: ICJ comments on draft law on judicial discipline | CIJL-ICJ

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

The ICJ today published its recommendations on a draft law introducing changes to the disciplinary system for judges in the Russian Federation.

The ICJ considers that the Draft Law amending Articles 12-1, 14 and 15 of the Law of the Russian Federation “On the Status of Judges in the Russian Federation” includes a number of positive amendments. Nevertheless, the ICJ regrets that this opportunity has not been taken to introduce more comprehensive reforming legislation, to address the institutional, substantive and procedural weaknesses in the disciplinary system that allow for abuse and facilitate arbitrariness and inconsistency in the application of disciplinary sanctions against judges.

 

CIJL_ICJ, Tunesië

ICJ condemns death threats against Tunisian judge | CIJL-ICJ

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

Today, the ICJ sent a letter to the Tunisian Minister of Interior and the Minister of Justice requesting them to take immediate action in order to ensure the security and physical integrity of Justice Kalthoum Kennou.

Justice Kalthoum Kennou is a Tunisian judge on the Court of Cassation, President of the Tunisian Association of Magistrates, and ICJ Commissioner.

This call comes as Justice Kennou received a letter containing serious death threats, demanding her withdrawal from the judiciary. Justice Kennou is active in the establishment of an independent judiciary and the protection of human rights.

The ICJ strongly condemns these threats and all acts of intimidation against the judiciary and human rights defenders in Tunisia, and calls on the Tunisian authorities to initiate the necessary investigations and inquiries in order to find, prosecute, and punish the individuals behind these brutal threats. Continue reading ICJ condemns death threats against Tunisian judge | CIJL-ICJ →

CIJL_ICJ

From our partner: CIJL Newsletter – N°3

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

This newsletter informs you on recent activities and ongoing situations related to the ICJ’s work on the independence of the legal profession.

EDITORIAL

Why Sri Lanka should not be allowed to host the Commonwealth Heads of Government Meeting
 
Every two years, the leaders of the Commonwealth of Nations assemble at the Commonwealth Heads of Government Meeting (CHOGM), the association’s principal policy and decision-making forum. This year, the meeting is set to take place in Colombo from 15 to 17 November, where the Sri Lankan Government will host the illustrious gathering.

The International Commission of Jurists considers that allowing the Government of Sri Lanka this privilege sends a deplorable signal to the international community at large and in particular to the governments of the member states of the Commonwealth: that they can disrespect its fundamental values on the rule of law and human rights without fear of censure. In the absence of a credible commitment based on action, not just words, from the Government of Sri Lanka to these core principles, the members of the Commonwealth Ministerial Action Group – the body that deals with serious or persistent violations of the  Continue reading From our partner: CIJL Newsletter – N°3 →

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 →

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 →

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 →