President Meron presents fourth Annual
Report to the United Nations General Assembly and calls on Turkey to release
Judge Aydin Sefa Akay from detention
President Theodor Meron today presented
the fourth Annual Report of the Mechanism for International Criminal Tribunals
(“MICT”) to the United Nations General Assembly and briefed the Assembly on the
ongoing detention of a Judge of the Mechanism, Judge Aydin Sefa Akay of Turkey,
by Turkish authorities.
In his remarks, President Meron first
highlighted relevant judicial developments, noting that the Mechanism is seised
of the retrial in the case of Jovica Stanišiæ and Franko Simatoviæ, and appeals
in the cases of Radovan Karadžiæ and Vojislav Šešelj. He further observed that
Mechanism Judges continued to address a wide variety of requests and
applications, and that, since its establishment, the Mechanism has issued in
excess of 800 judicial orders and decisions.
The President proceeded to note that,
with the closure of the International Criminal Tribunal for Rwanda (“ICTR”) in
December 2015, the Mechanism has assumed responsibility for all remaining
functions of that Tribunal, and preparations for the transfer of relevant
remaining functions of the International Criminal Tribunal for the former
Yugoslavia’s (“ICTY”) continue, in anticipation of that Tribunal’s expected
closure at the end of 2017. In addition, the President expressed his ongoing
appreciation to the Mechanism’s Host States, the United Republic of Tanzania
and the Kingdom of the Netherlands, for their continued support of the
Mechanism, and highlighted the reliance of the Mechanism on Member State
cooperation in relation to key aspects of its work. The President also took the
opportunity to inform the Assembly that the opening of the Mechanism’s new
premises in Arusha will take place in less than three weeks from today and that
the project, which incorporates best practice from other UN capital projects,
remains within budget.
President Meron then took the
opportunity to draw attention to a serious matter impacting upon the effective
discharge of the Mechanism’s mandate. He advised the Assembly of the detention
of Judge Akay on or around 21 September 2016, in relation to allegations
connected to the events of July 2016 directed against the constitutional order
of Turkey, and that Judge Akay has remained in detention since that time.
President Meron noted that as a result of Judge Akay’s detention, the
proceedings to which Judge Akay had been assigned have necessarily come to a
standstill, with corresponding implications for the fundamental rights of the
applicant to the determination of his claims within a reasonable time.
In this context, President Meron
underscored that “judicial independence is a cornerstone of the rule of law,
and it is longstanding and consistent practice to accord international Judges
privileges and immunities in order to protect the independent discharge of
their judicial functions.”
Expressing his personal concern for the
welfare of Judge Akay, the President also reported to the Assembly that the UN
Office of Legal Affairs, on behalf of the Secretary-General, had formally
asserted diplomatic immunity, in accordance with the Mechanism’s Statute, and,
as a consequence, had requested Judge Akay’s immediate release from detention
and the cessation of all legal proceedings against him. In that regard,
President Meron expressed regret that the Government of Turkey has not as yet
acted upon this formal request.
In closing, the President called upon
the Government of Turkey to comply with its international obligations under
Chapter VII of the UN Charter and to immediately release Judge Akay from
detention. He underscored that the resolution of this matter was essential not
only for the Mechanism to efficiently and effectively perform its mandate but
“for all of us if we are to bring about an era of accountability based upon and
enshrining respect for the rule of law, for which judicial independence is
fundamental.” In concluding, President Meron reminded the Assembly that “to
accomplish this, it is essential that all Members of the United Nations, in
addressing vital requests from Chapter VII tribunals, act in accordance with good
faith, the duty to cooperate, and unimpeachable due process.”
*****
President’s speech <http://www.unmict.org/sites/default/files/statements-and-speeches/161109-president-address-ga-en.pdf>
Annual Report <http://www.unmict.org/sites/default/files/documents/160801-fourth-annual-report-en.pdf>
*****
The Mechanism for International Criminal
Tribunals (MICT) was established by UN Security Council Resolution 1966 (2010)
to complete the remaining work of the International Criminal Tribunal for Rwanda
and the International Criminal Tribunal for the former Yugoslavia after the
completion of their respective mandates. The MICT has two branches, one in
Arusha, Tanzania, and one in The Hague, Netherlands.
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