Nov 18, 2019 | News
Authorities in Hong Kong must avoid using excessive force to respond to protesters as the political crisis in the city deteriorates, the ICJ said today.
Media reports today show scenes of spiraling violence as police try to force their way into the campus of Hong Kong Polytechnic University (PolyU) past barricades erected by students and demonstrators.
“Any police who use excessive force, particularly as they surround and attack student protesters inside PolyU, must be sanctioned,” said Frederick Rawski, ICJ’s Asia Director.
“The events of the past week mark a further deterioration in the situation in Hong Kong – one that can only be effectively addressed through genuine political dialogue, and a commitment to holding police who use unlawful force accountable,” he added.
This morning, more than 100 people were also arrested in Tsim Sha Tsui, hands zip-tied by police and detained in public.
The ICJ urges the Hong Kong SAR government to:
• Ensure that people are able to exercise their freedom of expression, assembly, association and right to political participation;
• Review the means and methods used for the policing of assemblies, including the use of water cannons, tear gas, batons and shields, to ensure that they are not applied indiscriminately and excessively or against peaceful protesters and that they do not result in an escalation of tension;
• Ensure that all victims of excessive use of force by law enforcement officials are provided with access to medical services;
• Ensure that the detained people’s rights to timely and confidential access to counsel;
• Undertake prompt, independent, impartial and thorough investigation of all allegations of unlawful use of force, with a view to holding accountable any responsible authorities including possibilities of criminal prosecution of police officers, and providing an effective remedy and reparation, including compensation and rehabilitation to victims.
Additional information
- Under the Bill of Rights Ordinance and Basic Law Article 39, the International Covenant on Civil and Political Rights is applicable in Hong Kong. Pursuant to the ICCPR, the Hong Kong SAR government has a duty to guarantee and protect the rights to freedom expression and freedom of assembly and freedom from torture and other cruel, inhuman or degrading treatment or punishment, including through the unlawful use of force.
- Under the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, “Law enforcement officials shall not use firearms against persons except in self-defence or defence of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving grave threat to life, to arrest a person presenting such a danger and resisting their authority, or to prevent his or her escape, and only when less extreme means are insufficient to achieve these objectives. In any event, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life.”
- Since June, large numbers of people have taken to the streets of Hong Kong to protest against the now-withdrawn extradition bill, which would have allowed case-by-case fugitive transfers to mainland China.
- Police have used excessive and indiscriminate force against protesters, in contravention of international standards, as well as arrested, harassed and attacked journalists. Police have regularly deployed tear gas against crowds and using water cannons, rubber bullets, pepper spray, and batons on protesters. On 15 November, hundreds of riot police fired more than 1,500 canisters of tear gas on the grounds of the Chinese University of Hong Kong (CUHK). On November 11, a police officer shot a protester with live ammunition.
Contact
Frederick Rawski, ICJ’s Asia Director, t +66 644781121 ; e: frederick.rawski(a)icj.org
Boram Jang, ICJ Legal Adviser, Asia & the Pacific Programme, e: boram.jang(a)icj.org
Nov 18, 2019
Today, the ICJ and the Human Rights Joint Platform (IHOP) published the briefing paper assessing the reforms proposed in the Judicial Reform Strategy to promote judicial independence.
The briefing paper concludes that any judicial reform will be meaningless if implemented in the context of a judiciary which has been taken control of by the executive.
The lack of institutional independence of the judiciary, and the chilling effect of the mass dismissals of judges in the last years are serious threats to the rule of law. These factors clearly undermine the capacity of the judiciary as a whole to provide an effective remedy for human rights violations, both in regard to measures taken under the state of emergency, and in general.
The new Judicial Reform Strategy should be read against this background. Considering that problems relating to the independence of judiciary in Turkey are structural and that the situation has even further deteriorated due to recent amendments, the ICJ considers that the new Strategy will not be able to achieve its stated objectives unless it is amended or supplemented to address these structural problems.
In their briefing paper, the ICJ and IHOP note the commitment of the Turkish authorities to reform the systems of discipline, transfer, accession, promotion and ethics of judges and prosecutors in line with international standards.
However, these measures are deemed insufficient to restore judicial independence in Turkey without essential further reforms:
- reform of the Council of Judges and Prosecutors,
- reform of the Criminal Peace Judgeships system and
- repeal of Law no. 7145 that still allows for arbitrary dismissals of judges and prosecutors, among other civil servants
- introduction of judicial review for all decisions of the CJP
- introduction of a transparent and fair process of selection and appointment of judges and prosecutors ensuring the independence of the committee and process from the executive.
The briefing paper is a comment on the chapter of the Judicial Reform Strategy on judicial independence and it does not provide a full assessment of the situation of Turkish judiciary for which reference should be had to the ICJ reports Justice Suspended and Justice in Peril.
Download
Turkey-Justice Reform Strat-Advocacy-Analysis brief-2019-ENG (PDF, English)
Turkey-Justice Reform Strat-Advocacy-Analysis brief-2019-TUR (PDF, Turkish)
Nov 18, 2019 | News
The ICJ today called on the Hungarian authorities to desist from instigating disciplinary proceedings threatened against Judge Csaba Vasvári, a judge of the Central District Court of Pest and a member of the Hungarian National Judicial Council.
The imminent threat of disciplinary action is a consequence of a preliminary reference Judge Vasvári made to the Court of Justice of the European Union.
“Judge Vasvári faces disciplinary action as a direct result of his request for a preliminary ruling of the Court of Justice of the EU on the very question of judicial independence in Hungary. This is an extremely concerning attempt to interfere with the independence of a judge in discharging his judicial function which, if it proceeds any further, will set a dangerous precedent.” said Róisín Pillay, Director of the ICJ’s Europe and Central Asia programme.
A motion to begin disciplinary proceedings against Judge Vasvári was brought by the Acting President of the Budapest Regional Court in October, following Judge Vasvári’s request in criminal proceedings before him last July, for a preliminary ruling the Court of Justice of the EU (CJEU) under Article 267 of the Treaty on the Functioning of the European Union (TFEU).
In the request to the CJEU, Judge Vasvári raised questions regarding compliance with the principle of judicial independence under Article 19.1 of the Treaty of the European Union (TEU), in particular the appointment procedures for court presidents, and remuneration for judges, as well as questions regarding the right to interpretation in court.
Following a decision of the Hungarian Supreme Court in September that the reference was contrary to Hungarian law since it was irrelevant to the case, disciplinary action against judge Vasvári was sought on the grounds that in making the reference, he violated the requirement to conduct himself with dignity and refrain from action which would undermine the dignity of the judiciary.
The motion for disciplinary proceedings is now expected to be considered by a panel of the Service Court, which will decide if disciplinary proceedings will commence.
“The actions of Judge Vasvári in making a preliminary reference to the CJEU were an entirely legitimate exercise of his judicial functions in accordance with EU law. It is essential that judges are able to use all appropriate judicial avenues to address and uphold the rule of law, including to protect the right to a fair trial and the independence of the judiciary” said Róisín Pillay. “It is also necessary for the proper application of EU law, that judges are able refer questions to the CJEU under Article 267 of the Treaty without undue hindrance.”
The ICJ recalls that under international standards on the independence of the judiciary, judges must decide matters before them impartially, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason (Principle 2, UN Basic Principles on the Independence of the Judiciary). Council of Europe Recommendation CM/Rec (2010) 12 of the Committee of Ministers specifies that “the interpretation of the law, assessment of facts or weighing of evidence carried out by judges to determine cases should not give rise to civil or disciplinary liability, except in cases of malice and gross negligence.”
The UN Basic Principles on the Independence of Judiciary (principle 8) also affirm that “members of the judiciary are like other citizens entitled to freedom of expression, belief, association and assembly; provided, however, that in exercising such rights, judges shall always conduct themselves in such a manner as to preserve the dignity of their office and the impartiality and independence of the judiciary.”
Nov 16, 2019 | News
The ICJ, in collaboration with the Zimbabwe Anti-Corruption Commission (ZACC) and the National Prosecuting Authority (NPA), convened a two-day workshop on 14-15 November 2019. The objective of the workshop was to strengthen the capacities of investigators and prosecutors to effectively investigate and prosecute cases of corruption.
The Deputy Chairperson of ZACC Mr Kuziva Murapa, noted that the training as meant to impart critical skills to the investigators and prosecutors in the fight against corruption. He noted further that the two institutions were being trained together so as to exchange knowledge and create a common understanding of standards and techniques to be applied when handling corruption matters. Noting that the Commission‘s powers include cooperation with other law enforcement agencies, Mr Murapa urged ZACC and NPA to cooperate in the fight against corruption in Zimbabwe.
The training workshop is part of the ICJ’s in-country programming which aims to increase transparency and integrity in the justice delivery in order to increase access to justice for all especially women and marginalized and disadvantaged groups.
This training workshop focuses on crimes associated with corruption, evidence gathering, expert evidence, understanding forensic audit reports, criminal procedure, the importance of closing submissions, regional and international standards for combatting corruption and asset forfeiture.
The participants for this meeting included; 20 investigating officers and 20 prosecutors stationed in Harare. Overall, there were 20 female and 23 male participants in attendance at the workshop.
Nov 14, 2019 | News
On 14 November 2019, the ICJ called on the Government of Cambodia to drop apparently politically-motivated charges of treason against Kem Sokha, leader of the now-defunct Cambodia National Rescue Party (CNRP).
The ICJ also called on the government to remove restrictions on the exercise of fundamental freedoms of all individuals in Cambodia.
On 10 November, Kem Sokha was released from court-imposed conditions amounting to house arrest, following his arrest in 2017 on spurious charges of treason under article 443 of the Criminal Code. This came after Phnom Penh Municipal Court partially lifted the judicial supervision conditions to which Sokha had been subject. He remains banned from participating in political activities and from leaving Cambodia, and must respond to summons from any authority. Charges of alleged “conspiracy with a foreign power” remain active against Sokha, pursuant to which he risks being imprisoned for between 15 and 30 years.
“Although the release of Kem Sokha from house arrest is a welcome development, it is not nearly enough to show that the government is committed to ending its persecution of civil society and political rivals,” said Frederick Rawski, ICJ’s Asia Pacific Director.
The release comes just after the European Commission released a preliminary report outlining the findings of an investigation triggered in February 2019 on possible removal of tariff preferences granted to Cambodia under the ‘Everything But Arms’ (EBA) trade agreement, on the basis that the Cambodian government had failed to comply with its international obligations to respect, protect and fulfil human rights and the rule of law. A fact-finding mission completed by the Commission last year found ongoing serious, systematic violations of human rights in Cambodia, particularly of the rights of free expression, association, assembly and political participation. In February 2020, the European Commission will finalize its decision.
“The fact that the charges remain in place, and Kem Sokha’s rights to freedoms of association, expression and the right to political participation continue to be suppressed is further evidence of an overall dire human rights and rule of law environment in Cambodia,” said Rawski.
Cambodia has seen a sharp deterioration in human rights and the rule of law since before the 2018 general elections, which has seen abuse of legal and judicial processes to harass and silence members of the political opposition, civil society, and independent media.
Members of the political opposition have been targeted in recent months. In 2019 alone, Cambodian authorities have charged more than 100 members of the political opposition with offences for political reasons, and detained more than half of them. The Cambodian government has also attempted to ban the return of opposition members in exile by urging neighbouring governments to stop their movement into Cambodia, and through increased monitoring of border crossings. In October 2019, the ICJ and other organizations also called for the dropping of spurious charges against former Radio Free Asia (RFA) journalists Yeang Sothearin and Uon Chhin, who are being tried for multiple offences in connection with carrying out their journalist functions.
Background
The charges against Kem Sokha appear politically-motivated. His arrest in 2017 came just months before the CNRP – the main opposition party which he led – was dissolved, and more than 100 of its members banned from political activity following a Supreme Court judgment in November 2017. Soon after, the ruling Cambodian People’s Party won the July 2018 general elections by a landslide. The ICJ has highlighted that the “single largest problem facing the Cambodian justice system is the lack of independent and impartial judges and prosecutors”, including “an endemic system of political interference in high-profile cases and an equally entrenched system of corruption in all others”.
Contact
Frederick Rawski, ICJ Asia and Pacific Regional Director, e: frederick.rawski(a)icj.org
See also
ICJ, ‘Cambodia: charges against journalists Yeang Sothearin and Uon Chhin must be dropped’, 4 October 2019
ICJ, ‘Misuse of law will do long-term damage to Cambodia’, 26 July 2018
ICJ, ‘Cambodia: weaponization of the law (UN Statement)’, 22 March 2018
ICJ, ‘Cambodia: the ICJ condemns dissolution of main opposition party’, 16 November 2017
