Guatemala: ICJ and partners conduct workshops the investigation and prosecution of unlawful death and enforced disappearances

Guatemala: ICJ and partners conduct workshops the investigation and prosecution of unlawful death and enforced disappearances

Between 26 and 29 June 2019, in Guatemala City, ICJ and its partner, Fundación de Antropología Forense de Guatemala (FAFG), with the support of the Asociación Guatemalteca de Jueces por la Integridad (AGJI) and the Bufete de Derechos Humanos (BDH), undertook trainings of more than 12 judges and 20 prosecutors on the international law and standards that apply to the investigation of unlawful death and enforced disappearances.

The workshops were conducted as part of the project under the ICJ’s Global Accountability Initiative entitled, Promoting justice for extrajudicial killings and enforced disappearances in Colombia, Guatemala and Peru, supported by the EU European Instrument for Democracy and Human Rights (EIDHR).

Opening remarks were given by Tomás Pallás Aparisi, Head of Cooperation at the EU Delegation to Guatemala, Delia Dávila, Magistrate from the Supreme Court of Guatemala and Haroldo Vasquez, President of the Asociación Guatemalteca de Jueces por la Integridad AJGI.

Ramón Cadena, Director of the ICJ’s Central America Office, addressed the international law and standards that apply to the investigation and prosecution of unlawful death and enforced disappearances and their relevance to Guatemala. Edgar Pérez, director of Bufete de Derechos Humanos (BDH) discussed the situation of enforced disappearances in Guatemala and the value and applicability of international law and standards. Marco García, a representative of FAFG, outlined the role of forensic science in the investigation of unlawful death and enforced disappearances.

Kingsley Abbott, Senior Legal Adviser & Coordinator of the ICJ’s Global Accountability Initiative, provided an overview of the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), which formed the core of the materials used at the workshops.

The ICJ took the opportunity of the workshops to visit the office of its partner, the Asociación de Familiares de Detenidos-Desaparecidos de Guatemala (FAMDEGUA) and meet with Justice Delia Marina Davila Salazar of the Supreme Court of Justice of Guatemala.

Contacts:

Kingsley Abbott, Senior Legal Adviser & Coordinator of the ICJ’s Global Accountability Initiative, email: kingsley.abbott(a)icj.org

Carolina Villadiego Burbano, ICJ Legal and Policy Adviser, Latin America, and Regional Coordinator of the Project, email: carolina.villadiego(a)icj.org

2nd Two-Day Workshop on Minnesota Protocol For Public Prosecutors in Nepal

2nd Two-Day Workshop on Minnesota Protocol For Public Prosecutors in Nepal

From 29 to 30 September 2018, the ICJ convened a 2nd two-day workshop on application of international law and standards, remarkably focusing on the Minnesota protocol, with special reference to investigation of alleged unlawful killings and enforced disappearances for public prosecutors of Nepal.

The workshop was organized by the ICJ South Asia office and took place as part of the ICJ’s Global Redress and Accountability Initiative, “increasing the knowledge and capacity of lawyers, prosecutors and investigators to deal with challenges of impunity and access to redress.”

The participants of the workshop included 18 public prosecutors working in District Government Office in Kathmandu, Lalitpur, Bhaktapur and Kavrepalanchok, Nepal.

The event started with opening remarks by the Attorney General of Nepal and former minister of Law and Justice, Agni Kharel.

In the opening remarks, Agni Kharel highlighted both commitments made and efforts by the Nepal government in order to protect and promote human rights as well as justice for victims of human rights violations.

Expressing pleasure on the theme of the workshop, he also said the public prosecutors will be benefited as well as be competent to use the knowledge and learning from the workshop in their works.

Senior Legal Consultant of the ICJ Nepal – Govinda Bandi, one of the experts of the workshop and speaker of the opening ceremony, highlighted the objectives of the workshop.

Kingsley Abbott, Senior International Legal Adviser at the ICJ, presented an overview of the relevant international human rights legal framework that applies to the investigation of alleged killing and enforced disappearances.

He further presented an introduction and overview of the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016) and ICJ practitioners Guide no. 9.  Both instruments were core materials used at the workshop.

Other speakers included Govinda Bandi, Senior Legal Consultant at the ICJ, who presented on the relevance of the Minnesota protocol in investigating on alleged unlawful killing and enforced disappearances.

Prof. Dr. Hariwar Wasti, Medico-legal expert at the IOM Department of Forensic Medicine of Government of Nepal, presented a power point presentation on the role of forensics in the investigation of gross human rights violations with reference to the Minnesota Protocol.

The workshop focused on investigation techniques of alleged unlawful killings highlighting the significance of public prosecutors in Nepal.

It was also focused on collection and preserving the security of evidences and potential use of the evidences for victims’ right to justice and reparation.

The workshop also covered medico-legal documentation techniques of crime scene and dead wearing tie body, collection of DNA evidence, and drafting of autopsy reports and crime file management.

It was also discussed and outlined some approaches of using the Minnesota protocol in Nepal in the final session of the workshop.

This workshop followed the national workshop the ICJ hosted between 13 to 14 July 2018 in Dhulikhel, Nepal on the investigation of alleged unlawful deaths and enforced disappearances for more than 20 human rights lawyers from diverse regions of Nepal.

ICJ holds second regional workshop on the investigation of unlawful deaths and enforced disappearance in Asia

ICJ holds second regional workshop on the investigation of unlawful deaths and enforced disappearance in Asia

From 24 to 26 July 2018, the ICJ co-hosted a workshop for authorities from Thailand, Cambodia, and Myanmar.

The theme of the workshop was on conducting investigations of potentially unlawful deaths and enforced disappearance in accordance with international human rights law and standards.

The workshop was co-hosted with Thailand’s Ministry of Justice, the United Nations Office of the High Commissioner for Human Rights (OHCHR) and the New Zealand Embassy in Bangkok.

The participants included 25 criminal investigators, public prosecutors and representatives of the Cambodian Ministry of Justice and the Thai Ministry of Justice.

The event commenced with opening remarks by James Andersen, Deputy Head of Mission, Embassy of New Zealand in Bangkok; Aim-orn Siangyai, Deputy Director General of Thailand’s Rights and Liberties Protection Department, Ministry of Justice; Frederick Rawski, Asia Pacific Regional Director, ICJ; and Shivani Verma, Human Rights Officer, OHCHR Regional Office for South-East Asia.

Kingsley Abbott, Senior Legal Adviser at the ICJ, gave a summary of the international human rights legal framework that applies to the investigation of unlawful deaths and enforced disappearance.

He then provided an outline of the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), which was launched in Thailand on 25 May 2017 and which formed the core of the materials used at the workshop.

Other speakers included Glenn Williams, Detective Inspector, Field Crime Manager, New Zealand Police National Headquarters, who addressed the investigation process including crime scene management; Sean Buckley, International Investigator, who addressed witness interviews; Shivani Verma of the Office of the High Commissioner for Human Rights who addressed Witness Protection; and Dr. Pornthip Rojanasunan, Adviser of Thailand’s Central Institute of Forensic Science (CIFS), who addressed the issue of forensic pathology.

This workshop followed three workshops the ICJ co-hosted between 5 to 8 December 2017 and 30 May to 1 June 2018 in Thailand on the investigation of potentially unlawful deaths and enforced disappearance for lawyers from Thailand and India, academics and State authorities from Thailand, Cambodia, Myanmar and Nepal.

Contact

Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Regional Office, t: +66 94 470 1345, e: kingsley.abbott(a)icj.org

ICJ holds seminar at Chiang Mai University Thailand on the right to life and the duty to investigate

ICJ holds seminar at Chiang Mai University Thailand on the right to life and the duty to investigate

On 5 June 2018, the ICJ co-organized an academic seminar addressing the right to life under international law and the State’s duty to effectively investigate alleged violations.

The event happened on the eve of the post mortem decision to be delivered by Chiang Mai Provincial Court in the case of Chaiyaphum Pasae.

The Lahu youth activist was killed by a military official who was attempting to arrest him as an alleged drug suspect in Chiang Dao district of Thailand’s northern Chiang Mai province in March 2017.

Officials claimed Chaiyaphum had resisted arrest and was subsequently shot in “an act of self-defence”.

On 6 June 2018, Chiang Mai Provincial Court ruled that the bullets shot by the military official had caused the death of Chaiyaphum Pasae.

In its decision, the court made no finding of fault and no finding as to whether Chaiyaphum Pasae had resisted arrest before his death.

The decision by Chiang Mai Provincial Court will now be sent on to the Public Prosecutor and inquiry officers, who will in parallel continue criminal investigations into the case.

The Public Prosecutor is expected thereafter to make a decision regarding any indictment of the military official who shot at Chaiyaphum Pasae.

Participants in the seminar, which was held at Chiang Mai University’s Art Center, included Chaiyaphum Pasae’s family members, interested members of the public, media representatives, students and academics.

Kingsley Abbott, ICJ Senior Legal Adviser, addressed the seminar on the right to life and the international law and standards that apply to investigating potentially unlawful deaths, including the rights of victims and family members, referring to the standards set out in the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), which was launched in Thailand on 25 May 2017.

The event follows the ICJ’s first regional workshop on the investigation of potentially unlawful deaths and enforced disappearance in Asia, held last week in Bangkok for authorities from Thailand, Cambodia, Myanmar and Nepal.

Other speakers at the Workshop included Ratsada Manuratsada and Sumitchai Hattasarn, lawyers from Human Rights Lawyers Association (HRLA) who represented the family of Chaiyaphum Pasae, and Songkran Pongbunchan, a lecturer from Chiang Mai University’s Faculty of Law.

The Discussion was conducted in collaboration with Legal Research and Development Center Chiang Mai University (LRDC); Center for Protection and Revival of Local Community Rights (CPCR); Center for Ethnic Studies and Development Chiang Mai University (CESD); Human Rights Lawyers Association (HRLA); Protection International (PI); Holding Hands Group; Inter Mountain Peoples’ Education and Culture in Thailand Association (IMPECT); Cross Cultural Foundation (CrCF); Maayimstudio; Save Lahu Group; Lanyim Creative Group; Dinsorsee Creative Group; Northern Activist Community (CAN); and Tonkal Network.

This seminar is part of an ongoing engagement between the ICJ and Chiang Mai University’s Faculty of Law.

Contact

Kingsley Abbott, Senior Legal Adviser, ICJ Asia Pacific Regional Office, t: +66 94 470 1345, e: kingsley.abbott(a)icj.org

ICJ holds its first regional workshop on the investigation of potentially unlawful deaths and enforced disappearance in Asia

ICJ holds its first regional workshop on the investigation of potentially unlawful deaths and enforced disappearance in Asia

Between 30 May and 1 June 2018, the ICJ co-hosted a workshop for authorities from Thailand, Cambodia, Myanmar and Nepal on the investigation of potentially unlawful deaths and enforced disappearance in accordance with international human rights law and standards.

The workshop was co-hosted with Thailand’s Ministry of Justice and the United Nations Office of the High Commissioner for Human Rights (OHCHR) and took place as part of the ICJ’s Global Redress and Accountability Initiative, which has as one of its core objectives, “increasing the knowledge and capacity of lawyers, prosecutors and investigators to deal with challenges of impunity and access to redress.”

The participants included more than 30 criminal investigators, forensic doctors, forensic scientists, prosecutors, police trainers, senior judges and representatives of the Cambodian Ministry of Justice, the Myanmar Attorney General’s Office, the Thai Ministry of Justice and the Nepal Office of the Attorney General.

The event commenced with opening remarks by the Ambassador of Finland, Ms. Satu Suikkari-Kleven; the Ambassador of Germany, Mr. Peter Prügel; Adviser on the Promotion of the Rights and Freedom from Thailand’s Ministry of Justice, Mr. Pitaya Jinawat; and the Asia Director of the ICJ, Frederick Rawski.

Alex Conte, Senior Law and Policy Advisor, ICJ Global Redress and Accountability Initiative, gave an overview of the international human rights legal framework that applies to the investigation of unlawful deaths and enforced disappearance.

Kingsley Abbott, Senior Legal Adviser at the ICJ, then provided an overview of the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), which was launched in Thailand on 25 May 2017 and which formed the core of the materials used at the workshop.

Other speakers included Ms. Jennifer Prestholdt, Deputy Director, the Advocates for Human Rights, who presented on the Rights of Victims and Families and witness interviews; Mr. Glenn Williams, Detective Inspector, Field Crime Manager, New Zealand Police National Headquarters, who presented on the investigation process including crime scene management;

Ms. Shivani Verma and Ms. Pratubjit Neelapaijit, of the Office of the High Commissioner for Human Rights who presented on Witness Protection; and Dr. Pornthip Rojanasunan, Adviser, Central Institute of Forensic Science (CIFS)/Member of the Advisory Panel who presented on forensic pathology.

This workshop followed two workshops the ICJ co-hosted between 5 to 8 December 2017 in Thailand on the investigation of potentially unlawful deaths and enforced disappearance for lawyers from Thailand and India, academics and the Thai authorities.

Contact

Alex Conte, ICJ Global Redress and Accountability Initiative, t: +41 79 957 2733; e: alex.conte(a)icj.org

Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Regional Office, t: +66 94 470 1345, e: kingsley.abbott(a)icj.org

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