ICJ Review-24-1980-Eng

tifrSTER or the Rute of Law THE REVIEW TERNATIONAL COMMISSION OF JURISTS UMAN RIGHTS IN THE WORLD outh America 1 Syria 12 ran 2 South Africa 17 alestine 9 Uruguay 23 OMMENTARIES ommission on Human Rights 29 RTICLES Afghanistan and the Rule of Law A.G. Noorani 37 The Trial of the Turkiye Emerkci Partisi (Turkish Workers' Party) Before the Constitutional Court of Turkey Manfred Simon 53 BASIC TEXTS UN Code of Conduct for Law Enforcement Officials 65 No 24 June 1980 Editor: Niall MacDermot ASSOCIATES OF THE INTERNATIONAL COMMISSION OF JURISTS The International Commission of Jurists is a non-governmental organisation devoted to promoting throughout the world the understanding and observance of the Rule of Law and the legal protection of human rights. Its headquarters is in Geneva, Switzerland. It has national sections and affiliated legal organisations in over 60 countries. It enjoys consultative status with the United Nations Economic and Social Council, UNESCO and the Council of Europe. Its activities include the publication of its Review; organising congresses, con ferences and seminars; conducting studies or inquiries into particular situations or subjects concerning the Rule of Law and publishing reports upon them; sending international observers to trials of major significance; intervening with governments or issuing press statements concerning violations of the Rule of Law; sponsoring proposals within the United Nations and other international organisations for improved procedures and conventions for the protection of human rights. If you are in sympathy with the objectives and work of the International Com mission of Jurists, you are invited to help their furtherance by becoming an Associate. Associates, who may be either individual or corporate persons, are of three categories: Patrons, contributing annually Swiss Fr. 1,000 Sponsors, contributing annually Swiss Fr. 500 Contributors, contributing annually Swiss Fr. 100 Associates will receive by airmail copies of all ICJ publications, including the Review, ICJ Newsletter, Bulletin of the Centre for the Independence of Judges and Lawyers and special reports and studies by the Secretariat. You are invited to write to the Secretary-General of the International Commis sion of Jurists, P.O. Box 120, CH-1224 Chene-Bougeries/Geneva, Switzerland. SUBSCRIBERS Alternatively, you are invited to become a subscriber to the REVIEW. Annual Subscription Rates: By Surface Mail Sw. Fr. 12.50 By Air Mail Sw. Fr. 17.50 Special Rate for LawStudents Sw. Fr. 9.00 Note: Payment may be made in Swiss Francs or in the equivalent amount in other currencies either by direct cheque valid for external payment or through a bank to Societe de Banque Suisse, Geneva, account No. 142.548, National Westminster Bank, 63 Piccadilly, London WIV OAJ, account No. 11762837, or Swiss Bank Corporation, 4 World Trade Center, New York, N.Y. 10048, account No. 0-452-709727-00. Pro-forma invoices will be supplied on request to persons in countries with exchange control restrictions to assist in obtaining authorization. Human Rights in the World South America Security Authorities Collaboration The International Commission of Jurists which would threaten the security of the has received some remarkable direct testi State. Nevertheless, he was never charged mony of the illegal collaboration between or brought to trial for any offence. the security forces of the repressive regimes Following world-wide representations of the ‘south cone’ of South America, col on his behalf organised by the Centre for laboration which frequently leads to the the Independence of Judges and Lawyers ‘disappearance’ of suspects in their custody.of the ICJ, as well as representations by It is a statement by Dr. Amilcar Santucho, other organisations, Dr. Santucho was even an Argentinian advocate and a member of tually released in 1979. On a visit to the the Argentinian League for Human Rights, ICJ in Geneva, to express his thanks, he now living in Sweden. gave the following statement concerning his Dr. Santucho left Buenos Aires in May torture and interrogation by Paraguayan, 1975 owing to the increasing persecution Argentinian, Chilean and Uruguayan police of lawyers who defended political prisoners and military officers: and the threats to his life by the notorious “I was detained in May 1975 and im Argentinian Anti-Communist Alliance. An prisoned until my release in September additional reason for these threats may 1979. I was never charged with any crimes have been the fact that his brother, Mario nor brought before a court. I was detained Roberto Santucho, was the leader of the when I was passing through Paraguay on People’s Revolutionary Army, activities inmy way to Peru. I had no links or connec which Dr. Santucho took no part. tions in Paraguay. This was to me a foreign He went to Paraguay on his way to Peru. country. Upon entering Paraguay he was arrested by "During my detention I was interrogated the Paraguayan police. Although the gov and tortured first by Argentinian and Para ernment claimed shortly after his arrest guayan police, and later successively by Ar that he was arrested because he had entered gentinian, Chilean and Uruguayan military Paraguay with inadequate travelling papers, officers. Questioning revolved almost ex they later claimed he was in detention clusively on facts that interested the Argen under the state of siege decree because tinian security forces, namely the where they had discovered evidence proving that abouts of Mario Roberto Santucho, head he had entered the country with the inten of the People’s Revolutionary Army; where tion of carrying out subversive activities this organisation’s moneys were kept; the location of its military indoctrination gotiate my release. school; the whereabouts of my relatives; “A few days later, Zeballos returned to and other matters related to the revolution Chile taking with him Jorge Fuentes Alar ary activities of my brother Mario Roberto con, a Chilean who had been detained in Santucho. the Investigations Division (Political Police). “The Chilean military officers drugged His past and present whereabouts are un me during their turn at interrogation, which known and the Chilean Government denies was carried out by Col. Zeballos, then head that it is holding him." of the Information Services of the Chilean These events are clear evidence of unlaw Air Force, and by an officer named Oteiza, ful collaboration between the Argentinian, allegedly a psychiatrist. They probably exChilean, Paraguayan and Uruguayan re ceeded the doses of the drugs since I was times, a collaboration which has resulted in unconscious from Wednesday night until countless killings of nationals of the four Sunday morning. Oteiza came to my cell countries who have been clandestinely de the following Monday trying to persuade livered to security forces and then became me to cooperate with them in order to ne “disappeared” persons. Iran The New Constitution Introduction lion moslems in the world today, in over 70 countries. Islam (literally "submission”, The Iranian revolution and its Islamic implied to God), is a religion concerned constitution cannot be understood outside not only with the private life of man, but, the context of the teachings of Islam and in the words of a leading Islamic writer, “it the background and development of what is a complete way of life, catering for all is conveniently called “militant Islam”1. fields of human existence... individual and Islam, neglected for a long time in the social, material and moral, economic and West, has recently become the concern of political, legal and cultural, national and in politicians and scholars in all parts of the ternational”2. world. The vigour of the Islamic revival has Islamic law is an integral part of the Is surprised many who tended to look upon lamic faith. The sources of Islamic law are, Islam as a static, feudal religion, out of in descending order of importance, the touch with the progress of modern science Koran, which is the word of God revealed and knowledge. There are about 750 mil to the Prophet and in itself divine, the Sun- 1) See, e.g., a recent comprehensive study by G.H. Hansen, “Militant Islam”, Pan Books, London, 1979. 2) Khuishid Ahmad, “Islam, Its Meaning and Message”, Islamic Council of Europe, London, 1976, p. 37. nah, which is the body of traditions based the Koran, the Hadith of the Prophet, the on the acts and sayings of the Prophet, consensus of the community and ‘analogy’, ijma or consensus of the community (later the four bases of Shiah law are the Koran, understood as that of the scholars) and the Hadith of the Prophet and the imams, ijtihad or independent judgement. The the consensus of the imams and ‘reason’. “traditions” of the "four right-guided ca So the Shiahs have their own collection of liphs” (the first four rulers to succeed Mu Hadith and their own school of law, the hammad from 632-661 A.D.) form anoth Jaafari.” er but less authoritative source of legal pre The concept of an Islamic state is no cedent. Early codifications of and com thing new. Many countries with a Moslem mentaries on the sources split into four majority have proclaimed themselves in great schools of law which coincide with various degrees to be Islamic states, some geographical areas. By the middle of the by providing that the head of state must be tenth century all the components of that a moslem, some that Islam is the state reli total legal entity known as the Sharia law gion, others that the Sharia is a source of were established and consolidated. law, still others that the Sharie is the source Islam being a religion of laws, the men of law. While some modern writers reject who are learned in religious doctrine are the whole concept of the Islamic state as usually those who are learned in legal doc “an obsession for political power for which trine.

Load more