Rodney Dixon QC
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Ben Emmerson Qc Cv2011.Qxp
Ben Emmerson QC T. 020 7404 3447 (Practice Manager, Paul Venables 020 7611 7405) E. [email protected] Year of Call: 1986 Silk: 2000 Main Areas of Practice Commercial law Media and Information law Crime, criminal due process and financial Public law regulatory law International law Human Rights law Arbitration In his private practice, Ben Emmerson QC has specialised in international and domestic human rights law, international humanitarian law and international criminal law (as well as constitutional, public and public international law). He has more than 15 years experience of litigating before the European Court of Human Rights and is now independently ranked as one of the United Kingdom's top three leading practitioners at the Bar in the law of human rights and civil liberties, and as one of the United Kingdom's top five leading practitioners at the Bar in criminal law (Chambers & Partners 2011). He has extensive experience in litigation involving the law of armed conflict before international courts and tribunals. Ben is currently Special Adviser to the Prosecutor of the International Criminal Court; Special Adviser to the Appeals Chamber at the UN Khmer Rouge tribunal in Cambodia; and appointed expert adviser to the UN Counter Terrorism Task Force (CTITF) working party on Protecting Human rights while Countering Terrorism. He has appeared as lead counsel in cases involving the law of armed conflict before a number of international courts tribunals, including international criminal tribunals: Prosecutor v Ramush Haradinaj, Case No. IT-04-84-T, Judgment 3 April 2008; Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v Serbia) (International Court of Justice) (extant); Abdelbaset Ali Mohamed Al Megrahi v HM Advocate; Georgia v Russia (ECHR inter-state application) (extant). -
Internal Communication Clearance Form
NATIONS UNIES UNITED NATIONS HAUT COMMISSARIAT DES NATIONS UNIES OFFICE OF THE UNITED NATIONS AUX DROITS DE L’HOMME HIGH COMMISSIONER FOR HUMAN RIGHTS PROCEDURES SPECIALES DU SPECIAL PROCEDURES OF THE CONSEIL DES DROITS DE L’HOMME HUMAN RIGHTS COUNCIL Mandates of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism. REFERENCE: AL G/SO 214 (67-17) Terrorism (2005-4) GBR 4/2013 2 September 2013 Excellency, We have the honour to address you in our capacities as Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism pursuant to Human Rights Council resolutions 16/4 and 22/8. In this connection, we would like to bring to your Excellency’s Government’s attention information we have received concerning the detention of Mr. David Miranda, a Brazilian national transiting through London International Airport and the destruction of hard drives at the Guardian newspaper in London. According to information received: On Sunday 18 August 2013, Mr. David Miranda, a Brazilian national, was detained and questioned by United Kingdom officials for nine hours under Schedule 7 of the Terrorism Act 2000. He was travelling from Berlin to Rio de Janeiro, transiting through London. British authorities later justified Miranda’s detention on the “suspicion of the possession of highly sensitive stolen information that would help terrorism”. -
Curriculum Vitae – Karim Khan LLB (Hons) (Lond), AKC (Lond), Fsiarb, Fciarb, Dip
Curriculum vitae – Karim Khan LLB (Hons) (Lond), AKC (Lond), FSIArb, FCIArb, Dip. Int.Arb. (CIArb) Barrister-at-Law What the Directories say: “A “superb lawyer” and “frighteningly clever master strategist,” who has represented clients in international courts across the world. As a prosecutor for the ICTY and ICTR, he has vast experience of handling complex matters such as crimes against humanity, war crimes and contempt of court disputes.”; “His ability to address and sum up the most complicated legal analysis in concise yet powerful words has become legendary.”; “A very highly rated advocate who is a real force to be reckoned with. He fights his cases hard but honourably”; “Has superior knowledge of international law and is a world-class advocate and drafter. He has the ability to cut to the heart of a legal issue and identify possible solutions with precision and speed. Karim manages large teams without any drop-off in the high level of service provided, and is a fierce advocate.” Chambers and Partners Legal Directory (extracts, 2016-2020) “He ensures he has a very deep knowledge of not just the facts of an incident but of all aspects of a case, which in this field involves politics, culture and society.” Legal 500 (2021) “Leading Silk”, Ranked Tier 1, “International crime & Extradition KARIM AHMAD KHAN QC is currently serving as Assistant Secretary-General of the United Nations, having been appointed by the UN Secretary General, Antonio Guterres, as the first Special Adviser and Head of the Investigative Team to Promote Accountability for Da’esh /ISIL crimes (UNITAD) pursuant to Security Council Resolution 2379 (2017). -
REPORT No. 187/20 CASE 12.204 ADMISSIBILITY and MERITS ACTIVE MEMORY CIVIL ASSOCIATION ARGENTINA July 14, 2020
OEA/Ser.L/V/II.176 REPORT No. 187/20 Doc. 200 CASE 12.204 July 14, 2020 Original: Spanish ADMISIBILITY AND MERITS ACTIVE MEMORY CIVIL ASSOCIATION (VICTIMS AND FAMILY MEMBERS OF THE VICTIMS THE TERRORIST ATTACK OF JULY 18, 1994 ON THE HEADQUARTERS OF THE ISRAELI-ARGENTIAN MUTUAL ASSOCIATION) ARGENTINA Approved by the Commission at its session No. 2179 held on July 14, 2020 176 Regular Period of Sessions Cite as: IACHR, Report No. No. 187/20. Case 12.204. Admissibility and Merits. Active Memory Civil Association. Argentina. July 14, 2020 www.cidh.org INDEX I. INTRODUCTION .......................................................................................................................................................................................................................... 3 II. PROCEDURE OF THE PETITION BEFORE THE IACHR ................................................................................................................................................ 3 III. POSITION OF THE PARTIES ................................................................................................................................................................................................... 4 A. The petitioners ......................................................................................................................................................................................................... 4 B. The Argentine State ............................................................................................................................................................................................... -
Reassessing Packer in the Light of International Human Rights Norms
Reassessing Packer in the Light of International Human Rights Norms † FARKHANDA ZIA MANSOOR I. INTRODUCTION This article analyzes different aspects of Herbert L. Packer’s crime control and due process models in the light of different components of an individual’s right to a fair trial, which is a fundamental individual human right. Packer developed his models to illuminate what he saw as two conflicting value systems that competed for priority in the operation of the criminal justice process. The utilitarian approach dominated the classical period in criminology, where deterrence theory prevailed. However, when the scales tilt too far in the direction of deterrence and crime control, due process rights suffer. Similarly, when the right to a fair trial is violated, it results in questionable convictions, imprisonment, and even execution. When the public learns that innocent persons have been convicted and imprisoned, the justice system itself loses credibility. The risk of human rights violations starts from the moment officials become suspicious of a person and continues through arrest, pre-trial detention, during the trial and appeals, and at the time of imposition of punishment. To avoid wrongful convictions and to protect the individual’s right to a fair trial through all of these stages, international fair-trial standards have been designed. According to Packer’s crime control model, repression of criminal conduct is viewed as the most important function of the criminal process. In the absence of such a repression, a general disregard for the criminal law would develop and citizens would live in constant fear. Crime control and due process (which is analogous to the right to a fair trial) approaches represent the extremes. -
Mohamed Nasheed, Citizen of the Republic of Maldives
PETITION TO: UNITED NATIONS WORKING GROUP ON ARBITRARY DETENTION Chairman/Rapporteur: Mads Andenas (Norway) Vice-Chairperson: Vladimir Tochilovsky (Ukraine) Sètondji Roland Adjovi (Benin) José Guevara (Mexico) Seong-Phil Hong (Republic of Korea) HUMAN RIGHTS COUNCIL UNITED NATIONS GENERAL ASSEMBLY In the Matter of Mohamed Nasheed, Citizen of the Republic of Maldives v. Government of the Republic of Maldives URGENT ACTION REQUESTED And Petition for Relief Pursuant to Resolutions 1997/50, 2000/36, 2003/31, 6/4, 15/18, 20/16, 24/71 Submitted By: Jared Genser & Maran Turner Ben Emmerson QC Amal Clooney Freedom Now Matrix Chambers Doughty Street Chambers 1776 K Street, NW, 8th Floor Griffin Building 54 Doughty Street Washington, DC 20006 Gray’s Inn, London London W1CN 2LS United States United Kingdom United Kingdom +1.202.466.3069 (phone) +44.207.404.3447 (phone) +44.207.404.1313 (phone) +1 202.478.5162 (fax) [email protected] [email protected] [email protected] @jaredgenser April 30, 2015 1 Resolutions 1997/50, 2000/36, and 2003/31 were adopted by the UN Commission on Human Rights extending the mandate of the Working Group on Arbitrary Detention. The Human Rights Council, which “assume[d]… all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights…” pursuant to UN General Assembly Resolution 60/251, GA Res. 60/251, Mar. 15, 2006, at ¶ 6, has further extended the mandate through Resolutions 6/4, 15/18, 20/16, and 24/7. 1 Table of Contents Basis for “Urgent Action” Request ................................................................................................. 3 Questionnaire To Be Completed by Persons Alleging Arbitrary Arrest or Detention ................... -
High Court Judgment Template
Judgment Approved by the court for handing down. Sunca, Zagrean and Chihaia v. Romania Neutral Citation Number: [2016] EWHC 2786 (Admin) Case No: CO/2387/2016, CO/3889/2015 and CO/4067/2016 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION DIVISIONAL COURT Royal Courts of Justice Strand, London, WC2A 2LL Date: 04/11/2016 Before: LADY JUSTICE SHARP DBE and MR JUSTICE CRANSTON - - - - - - - - - - - - - - - - - - - - - Between: The Court in Mures 1st Appellants and The Bistrita-Nasaud Tribunal, Romania - and - Alexandru Zagrean 1st Respondent Petru Sunca 2nd Appellant - and - Iasi Court of Law, Romania 2nd Respondent Stelian Chihaia 3rd Appellant - and - Bacau Court of Law, Romania 3rd Respondent - - - - - - - - - - - - - - - - - - - - - Mr Ben Emmerson QC and Mr Ben Seifert (instructed by Coomber Rich Solicitors) for the 3rd Appellant Mr Edward Fitzgerald QC and Mr Graeme Hall (instructed by Shaw Graham Kersh) for the 2nd Appellant Mr Ben Emmerson QC and Mr Peter Caldwell (instructed by Coomber Rich Solicitors) for the 1st Respondent Mr Julian Knowles QC and Ms Julia Farrant (instructed by the Crown Prosecution Service) for the 1st Appellants and the 2nd and 3rd Respondents Judgment Approved by the court for handing down. Sunca, Zagrean and Chihaia v. Romania Hearing date: 11 October 2016 - - - - - - - - - - - - - - - - - - - - - Approved Judgment Judgment Approved by the court for handing down. Sunca, Zagrean and Chihaia v. Romania Mr Justice Cranston: Introduction 1. This is the judgment of the court. 2. There are three applications before us. The first is an application by the Judicial Authority for permission to appeal pursuant to section 28 of the Extradition Act 2003 (“the 2003 Act”) against the decision of District Judge Margot Coleman dated 8 August 2016. -
LOCKED up WITHOUT EVIDENCE Abuses Under Sri Lanka’S Prevention of Terrorism Act WATCH
HUMAN RIGHTS LOCKED UP WITHOUT EVIDENCE Abuses under Sri Lanka’s Prevention of Terrorism Act WATCH Locked Up Without Evidence Abuses under Sri Lanka’s Prevention of Terrorism Act Copyright © 2018 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-6231-35515 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, Stockholm, South Korea. San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org JANUARY 2018 ISBN: 978-1-6231-35515 Locked Up Without Evidence Abuses under Sri Lanka’s Prevention of Terrorism Act Summary ........................................................................................................................... 1 Proposed Counterterrorism Legislation ..................................................................................... 5 Key Recommendations ............................................................................................................ -
SCSL Press Clippings
SPECIAL COURT FOR SIERRA LEONE PRESS AND PUBLIC AFFAIRS OFFICE A cinema on the Peninsula advertises its films for the day. PRESS CLIPPINGS Enclosed are clippings of local and international press on the Special Court and related issues obtained by the Press and Public Affairs Office as at: Thursday, 7 June 2007 Press clips are produced Monday through Friday. Any omission, comment or suggestion, please contact Martin Royston-Wright Ext 7217 2 Local News President Kabbah and Berewa Linked to RUF Formation / Standard Times Pages 3-4 Liberia: Dramatic Start of Taylor’s Trial / Independent Observer Page 5 Concept of Transitional Justice / Standard Times Pages 6-7 International News Judge Keeps Grip on Taylor's Trial / Associated Press Pages 8-9 Charles Taylor's Family Cries Foul as Trial Begins / Agences Frances Presse Page 10 Too Busy Surviving to Follow a Landmark Trial / Inter Press Service (Johannesburg) Pages 11-13 The Taylor Trial Begins: Is There Enough Evidence? / Daily Observer Page 14 World Poised For Taylor’s Fair Trial / The Analyst Page 15 Amnesty Int'l - Trial Must Be Made Relevant / The Analyst (Monrovia) Page 16 Taylor - Anyaele Recounts Ordeal / The Daily Champion (Lagos) Page 17 Barack Obama’s Statement on Bringing Charles Taylor to Justice / All AmericansPatriot.Com Page 18 Supporters Defend Taylor's Boycott of Court / Voice of America Page 19 UNMIL Public Information Office Media Summary/ UNMIL Pages 20-22 The Long Arm of Charles Taylor Versus the Law / Macleans (Canada) Pages 23-29 Visible Justice / Stabroek News Pages 30-31 3 Standard Times Wednesday, 6 June 2007 Opinion President Kabbah and Berewa Linked to RUF Formation By Karamoh Kabba The most widely accepted postulate amongst scholars on the decade-long civil war in Sierra Leone is its lumpen revolutionary disposition. -
Briefing Paper Saudi Arabia
BRIEFING PAPER Universal Periodic Review March 2018 THE SITUATION OF HUMAN RIGHTS DEFENDERS IN SAUDI ARABIA Contacts Eleanor Openshaw Khalid Ibrahim Husain Abdulla Delphine Reculeau International Service for Gulf Centre for Human Americans for Democracy & Observatory for the Human Rights Rights Human Rights in Bahrain Protection of Human [email protected] [email protected] [email protected] Rights Defenders [email protected] In its October 2013 Universal Periodic Review (UPR), Saudi Arabia accepted 240 of 348 recommendations made by States – but none focusing on human rights defenders (HRDs). It accepted 7 recommendations on the rights to freedom of opinion and expression and freedom of association and peaceful assembly, including several calling for the protection of individuals who exercise these rights; and for the definition of laws that enable civil society organisations (CSOs) to work without undue interference. RISKS FACING HUMAN RIGHTS DEFENDERS bylaws cannot be inconsistent with Islamic Sharia, The Gulf Centre for Human Rights (GCHR) reported contradict public morals, infringe upon national that Saudi Arabia often violates its UNCAT unity, or contradict Saudi laws and regulation. obligations by subjecting HRDs in detention to ill According to the International Center for Not-for- treatment.1 HRD Issa Al Marzog Al-Nukhaifi, Profit Law (ICNL) foreign branches cannot be released April 2016, faced torture and solitary registered in Saudi Arabia. The government gains confinement after initiating a hunger strike while in some control over the internal affairs of detention. associations — which cannot work outside of their area of registration, must provide the Ministry of In July 2017, four men were executed after being Labour & Social Development with annual financial arrested for participating in protests.2 That same statements, meeting notes, and voting records, and month, the Saudi Arabian Supreme Court upheld require permission to seek foreign funding. -
Terrorism, Criminal Law and Politics
Terrorism, Criminal Law and Politics Recent atrocities have ensured that terrorism and how to deal with terrorists legally and politically has been the subject of much discussion and debate on the international stage. This book presents a study of changes in the legal treatment of those perpetrating crimes of a political character over several decades. It most centrally deals with the political offence exception and how it has changed. The book looks at this change from an international perspective with a particular focus on the United States. Interdisciplinary in approach, it examines the fields of ter- rorism and political crime from legal, political science and criminological perspec- tives. It will be of interest to a broad range of academics and researchers, as well as to policymakers involved in creating new anti-terrorist policies. Julia Jansson holds a Doctor of Laws degree from the University of Helsinki, Finland. Transnational Criminal Justice The concept of ‘transnational criminal justice’ has frequently been interpreted in the academic literature as ‘international criminal justice’ or ‘global criminal justice.’ Many publications that use the term ‘transnational’ therefore discuss international criminal justice and international legal frameworks. Another form of study that has developed under the umbrella of transnationality in the field of criminal law is comparative. There has hence been a move from the terminology of ‘international,’ ‘global’ and ‘comparative’ criminal justice towards ‘transnational’ criminal justice. This series considers these developments, but focuses primarily on publica- tions that adhere to a more literal interpretation of the term ‘transnational.’ The aim of the series is to provide a forum for discussion of bilateral and multilat- eral relationships between nations in the field of criminal justice. -
Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms While Countering Terrorism
109 Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms While Countering Terrorism Focal Point: Mr. Ben Emmerson Email: [email protected] Year of establishment: 2005 Website: www.ohchr.org/EN/Issues/Terrorism/Pages/SRTerrorismIndex.aspx CTITF Working Group Membership: • Protecting Human Rights While Countering Terrorism • Supporting and Highlighting Victims of Terrorism The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism was appointed by the Commission on Human Rights in 2005 and upheld by the newly established Human Rights Council a year later. This role was created in response to an identified need to monitor and assist states in complying with their human rights obligations while countering the threat of terrorism. In particular, the Commission on Human Rights highlighted the need for a “special procedure with a multidimensional mandate to monitor states’ counter-terrorism measures and their compatibility with human rights law.” 158 Martin Scheinin, a Finnish law professor and a longstanding member of the UN Human Rights Committee, 159 was the first person appointed to this position, in 2007. 160 His responsibilities as Special Rapporteur included the identification, promotion, and exchange of 110 SPECIAL RAPPORTEUR best practices relating to counterterrorism measures that are compliant with states’ human rights obligations under international law. The Special Rapporteur also reports regularly on findings and recommendations to the Human Rights Council and the General Assembly. The mandate of the Special Rapporteur encourages the development of regular dialogue on possible areas of cooperation with governments, relevant United Nations entities and partners, as well as nongovernmental organizations and other regional or subregional institutions.