Mar 14, 2018 | News
The new CTI tool on non-refoulement covers:
- constitutional and legislative provisions;
- national procedures;
- procedural rights to be guaranteed to those facing deportation or expulsion;
- training; and
- visa and stay arrangements for when return is prohibited.
There is also a section on non- refoulement in the extradition context.
The purpose of this and other CTI Implementation Tools is to inspire other States to take action through exchanges of good practices.
The tool also provides timely and practical information and advice for States in light of the recently released UN Committee against Torture’s General comment on the implementation of Article 3 of the Convention in the context of Article 22.
Some of the laws mentioned in this tool detail the powers that can be exercised by State authorities to remove a person and the constraints on those powers, as well as the relevant administrative and judicial procedures to be followed. National legislation has also detailed the rights of persons within those procedures (photo).
The tool was developed for the CTI by the ICJ with the support of the University of Bristol’s Human Rights Implementation Centre.
CTI’s series of UNCAT Implementation Tools are available here.
Mar 14, 2018 | Events, Multimedia items, News, Video clips
Today, the ICJ highlighted threats to and defenders of the rule of law around the world, at a side event to the UN Human Rights Council, at the Palais des Nations in Geneva.
The rule of law is under attack and human rights and human rights defenders everywhere are at risk, whether as targets or “collateral damage”.
The human rights movement has overcome similar challenges in the past. This side event to the 37th session of the Human Rights Council discussed the situation today and lessons from the ICJ’s history since its founding in 1952.
ICJ’s regional directors, gathering in Geneva from around the world, provided a unique snapshot of the “state of the world” for rule of law and human rights, from ICJ’s position on the global frontlines of the struggle to defend essential legal safeguards:
• Saïd Benarbia, Director for Middle East North Africa
• Ramón Cadena Rámila, Director for Central America
• Róisín Pillay, Director for Europe and Central Asia
• Frederick Rawski, Director for Asia and Pacific
• Arnold Tsunga, Director for Africa
Moderator: Saman Zia-Zarifi, Secretary General
In addition to highlighting the global and regional trends, specific examples for discussion included Azerbaijan, Cambodia, China, Egypt, Guatemala, Honduras, Hungary, Kenya, Lesotho, Libya, Myanmar, the Philippines, Poland, the Russian Federation, South Sudan, Swaziland, Syria, Thailand, Turkey, the United States of America, Venezuela and Zimbabwe.
For more information, contact un@icj.org
Watch the video:
https://www.facebook.com/ridhglobal/videos/10157996747579616/
Universal – Rule of law frontlines – News – Event – 2018 – ENG (Event flyer in PDF)
Mar 14, 2018 | Advocacy, Non-legal submissions
At the UN the ICJ today called on Thailand to stop misusing laws to restrict fundamental freedoms.
The statement was delivered during the general debate on situations requiring the attention of the Human Rights Council (item 4) and read as follows:
“Mr President,
The ICJ remains concerned at continued misuse of the law to restrict fundamental freedoms in Thailand.
By invoking military orders, criminal defamation laws and sedition-like offences, the Computer-Related Crime Act, and the Public Assembly Act, the legal system has been misused to harass human rights defenders, academics, lawyers, journalists, victims of human rights violations and their family members.
For example, this year alone, acting on complaints filed by the military, the police charged more than 50 people with violating a ban on political gatherings of five or more persons, put in place after the military coup of May 2014. Merely for exercising their human rights, people face a potential sentence of imprisonment. In one case, last year, police charged five academics and students after a banner reading “This is an academic forum not a military camp” was displayed at a University.
In February, security forces filed a complaint of defamation against an alleged victim of torture, Isma-ae Tae, simply because he was shown on television describing being tortured and ill-treated in military camps.
The ICJ urges Thailand to revoke or amend all laws, orders and announcements that are contrary to the rule of law and human rights protections, and to prevent the legal system from being misused to harass individuals who merely exercise their human rights.
Thank you Mr President.”
Video of the statement of the ICJ is available here:
Thailand-Misuse of laws restricts fundamental freedoms-Statement-HRC-2018-THA (Full statement in Thai, PDF)
Mar 14, 2018 | News
On 12 and 13 March 2018, the ICJ participated in and presented at a workshop for Cambodian civil society on the Universal Periodic Review (UPR).
The workshop was organized by the Cambodian Center for Human Rights (CCHR), UPR Info and the Cambodia Country Office of the United Nations Office of the High Commissioner for Human Rights (OHCHR).
This workshop aimed to prepare participants ahead of the deadline for civil society submissions to the UPR in July 2018.
The Royal Government of Cambodia (RGC) will undergo the third cycle of its UPR in January 2019.
The objectives of the workshop were to:
- 1. Introduce the UPR to newcomers, identifying where the UPR fits within the UN’s human rights framework and demonstrating how civil society organizations (CSOs) can utilize the UPR to further their human rights objectives;
- 2. Share experiences of national stakeholders in the UPR process and discuss developments since the second cycle and priorities for the third cycle;
- 3. Learn from the experiences of CSOs in the region on developing UPR CSO submissions;
- 4. Provide technical training regarding the drafting of UPR CSO submissions;
- 5. Establish thematic groups to begin developing joint submissions and establish a timeline for the drafting process.
On 12 March 2018, Kingsley Abbott, Senior International Legal Adviser for Southeast Asia for the ICJ, delivered a presentation on submissions drafting and advocacy techniques for the UPR and also spoke about the experiences of CSOs in Thailand in developing UPR CSO submissions.
Contact
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, e: kingsley.abbott(a)icj.org
Mar 13, 2018 | News
On 12 March 2018, the ICJ co-hosted the forum “14 Years after Somchai’s Disappearance, What Have We Learned?” to commemorate the 14th anniversary of the enforced disappearance of prominent lawyer and human rights defender Somchai Neelapaijit.
The forum was held at the Faculty of Law in Thammasat University’s Tha Pra Chan campus.
More than 80 participants attended the event, including alleged torture victims, family victims of torture and enforced disappearance, students, lecturers, lawyers, civil society organizations, diplomats, members of the Thai authorities and media.
The objectives of the forum were to (i) mark the 14th anniversary of the enforced disappearance of Somchai Neelapaijit and the lack of progress in the investigation (ii) raise awareness and discuss the latest amendments to the Draft Prevention and Suppression of Torture and Enforced Disappearances Act (‘Draft Act’) and its deficiencies; and (iii) discuss the newly constituted Committee managing complaints of torture and enforced disappearance, which was established by the Prime Minister on 23 May 2017.
Opening remarks were delivered by Angkhana Neelapaijit, wife of Somchai Neelapaijit, and Laurent Meillan, OHCHR’s Deputy Regional Representative.
Sanhawan Srisod, the ICJ’s National Legal Advisor, spoke during the first panel discussion on recent amendments to the Draft Act, which was moderated by Poonsuk Poonsukcharoen from Thai Lawyers for Human Rights (TLHR) and also included the following panelists:
- Nongporn Rungpetchwong, Human Rights Expert, Rights and Liberties Protection Department, Ministry of Justice
- Assistant Professor Dr. Ronnakorn Bunmee, Faculty of Law, Thammasat University
- Somchai Homlaor, Lawyer and Senior Advisor to Cross Cultural Foundation (CrCF)
The second panel discussion on the roles and duties of the Committee Managing Complaints for Torture and Enforced Disappearance Cases was moderated by. Yingcheep Atchanont from Internet Law Reform Dialogue (iLaw) and included the following speakers:
- Manunpan Rattanacharoen, Office of Foreign Affairs and International Crimes, Department of Special Investigation (DSI), Ministry of Justice
- Professor Narong Jaihan, Chair, Sub-committee on Prevention of Torture and Enforced Disappearance Cases
- Angkhana Neelapaijit, Family of “disappeared” person
- Isma-ae Tae, Alleged victim of torture and ill-treatment
During the event, the ICJ also highlighted its open letter to Thailand’s Minister of Justice, dated 12 March 2018, on the recent amendments to the Draft Act, which sets out concerns that the recent amendments would, if adopted, fail to bring the law into compliance with Thailand’s international human rights obligations.
The forum was co-organized with the Neelapaijit family, Thammasart University’s Faculty of Law, Amnesty International Thailand, Cross Cultural Foundation (CrCF), together with the United Nations’ Office of the High Commissioner for Human Rights (OHCHR) Regional Office for South East Asia.
Read also
ICJ and Amnesty International, Open letter to Thailand’s Minister of Justice on the amendments to the Draft Prevention and Suppression of Torture and Enforced Disappearances Act, 12 March 2018
English
Thai
ICJ and Thai Lawyers for Human Rights, Joint submission to the UN Committee against Torture, 29 January 2018
ICJ and Amnesty International, Recommendations to Thailand’s Ministry of Justice on the Draft Prevention and Suppression of Torture and Enforced Disappearances Act, 23 November 2017
To mark the 10-year anniversary of Somchai Neelapaijit’s ‘disappearance’, the ICJ released a report documenting the tortuous legal history of the case, Ten Years Without Truth: Somchai Neelapaijit and Enforced Disappearances in Thailand, 7 March 2014
Contact
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, e: kingsley.abbott(a)icj.org
Thailand-Amendments-to-Prevention-and-Suppression-of-Torture-2018-ENG (Full text in ENG, PDF)
Thailand-Amendments-to-Prevention-Suppression-of-Torture-2018-THA (Full text in THA, PDF)
