"The human rights of those deprived of liberty remain unaddressed and the response to repeated departures from the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment has not been resolute enough. De iure or de facto states of emergency often serve to limit the independence of the judiciary, instead of building on the role of the judiciary in the protection of the rule of law and human rights, in any circumstances", said Mr. Lukas Machon, ICJ Representative to the UN. The Council therefore needs to mandate concerned independent experts to address those challenges.

A strong and independent judiciary and legal profession are key components of the rule of law and the protection of human rights, in any circumstances, including in times of emergency. "The Council has an important task to defend and reinforce the judiciary's and lawyers´ role in the protection of the rule of law and human rights, including through elaboration of principles on the role of the judiciary in times of crisis or emergency ", added Mr. Machon. Only then will the judges and lawyers be able to ensure that all de iure and de facto emergency measures comply with human rights law, especially in relation to non-derogable rights.

The absolute prohibition of torture is increasingly threatened by states' efforts to develop excessive interrogation techniques or return people, in particular terrorism suspects, to countries where they will be at risk of torture or other cruel, inhuman or degrading treatment.
The absolute obligation of non-refoulement to countries where returnees face a risk of torture or other cruel, inhuman or degrading treatment, as well as other gross human rights violations, may not be constrained because of national security or counter-terrorism concerns. Diplomatic assurances do not establish adequate safeguards for protecting people from torture and ill-treatment to satisfy the obligation of non-refoulement, as these are often provided by governments of countries where torture and ill-treatment is either systemic or where there is a substantial threat to an individual in the specific situation. The ICJ calls upon the Special Rapporteur on torture to continue to encourage all States to abandon efforts to secure diplomatic assurances against torture and ill-treatment as a ground for refoulement, and to actively oppose all initiatives to secure their acceptance nationally or internationally.

Another important objective for this Council's session is to strengthen the UN work on business and human rights. The ICJ appreciates the theoretical policy framework presented by the Special Representative of the Secretary General on Business and Human Rights and his work that lays the ground for the development of legal norms and further guidance to companies and other actors. "Given the gravity and extent of corporate abuses, the ICJ supports the renewal of the mandate to focus also on the instances of corporate-related human rights violations with a view to inform and inspire the elaboration of legal norms", continued Mr. Machon. The Special Representative also needs to analyse corporate abuses and make recommendations, along with other special procedures, relevant to addressing them. Gaining the victims' perspective will be also instrumental for ensuring accountability and for victims to seek redress through judicial and other remedies.

In Zimbabwe the ICJ is gravely concerned by the prevailing climate of impunity for the widespread violations of human rights, including political killings, systematic attacks on and harassment of the political opposition and human rights defenders, and serious mismanagement of the economy, which has brought untold socio-economic suffering to Zimbabweans. The post-election violence including kidnappings and executions of key opposition members (MDC) must stop forthwith to create a climate conducive to a free and fair election run-off. The ICJ calls on the Council to request the special procedures on extra-judicial executions, torture, independence of judges and lawyers, housing, freedom of expression and human rights defenders to address this situation as a matter of priority, including through seeking a visit to the country as soon as possible to avert a complete overturn of the rule of law. Zimbabweans who have been forced to leave their country because of their government's policies have in turn become victims of xenophobic attacks in South Africa emphasizing the ICJ's long-held view that the Zimbabwean crisis has affected the whole sub-region and must be urgently resolved.

If the Government of Zimbabwe is serious about the run-off round of election, to be held on 27 June 08, it must receive the human rights and other monitors early and in sufficient numbers in order to prevent bloodshed and establish the credibility of elections. The African Union and the Southern African Development Community have a particular responsibility in resolving this crisis peacefully and the ICJ believes that not enough has been done by these bodies to protect the ordinary people of Zimbabwe from government excesses.

On Tibet, the Government of China has not accepted calls for special procedures to investigate the allegations that peaceful protestors have been killed, and excessive non-lethal force has been used, by the security forces, and that protestors have been arbitrarily arrested and detained in the context of March demonstrations in Lhasa and other locations. The ICJ recalls that the Council's experts should also inquire whether the criminal procedures resulting in convictions of persons for riots in Tibet met international standards of a fair trial.
The Chinese Government should swiftly clarify exactly what has been happening recently in Tibet, as well as to find a political solution in order to guarantee the rights of the Tibetan people.

The volatile human rights situation in Myanmar, with the record of wide-spread enforced disappearance, torture, extrajudicial killings and large numbers of political prisoners and prisoners of conscience, has been further aggravated by cyclone Nargis and the Government's indifferent response to it. While the ICJ welcomes the Government's belated decision to open up all cyclone-affected areas to the international aid workers, it urges the Council to ensure that the Government lives up to this promise and protects the right to life of approximately 2 million internally displaced people, in accordance with the UN Guiding Principles on Internal Displacement.2 The ICJ is concerned that despite these circumstances, the Government organized a second round of a referendum on the draft Constitution, and has downplayed the fact that the draft had not been properly consulted on with all the opposition members and ethnic groups.

The ICJ calls on the Council to reaffirm that Myanmar has the legal obligation to ensure and guarantee the rights to life and to a standard of living adequate for the health and well-being of all peoples in Myanmar. The Myanmar Government's denial of humanitarian assistance is incomprehensible and unsustainable, and, through it, the State has violated its obligation to protect the rights of the population of Myanmar. If such denial qualified as a policy or an intention to punish or to repress the people of Myanmar, given the dramatic record of human rights violations in Myanmar, it could amount to crimes against humanity.3 In this case, the UN Security Council would have to take action.

In this context, and recalling the "responsibility to protect" endorsed by the UN World Summit in 2005,4 the ICJ calls on the Council to reaffirm that Myanmar, as with all states, has the responsibility to protect its population from genocide, war crimes, ethnic cleansing and crimes against humanity.

For further information, please contact Mr. Lukas Machon, ICJ Representative to the UN,
Phone: +41 22 979 38 29 or mobile: +41 76 345 40 65