- Published: 09 August 2012
A first step in the right direction would be the reinstatement of dismissed colleagues, who were discharged because of their commitment to bring about change.
As long as those who seek enlightenment and transparency are silenced by losing their jobs and are threatened with death, nothing will change for the better in Honduras.
- Published: 10 October 2010
I am here today not because of my activist work against death penalty, but because I am representing a NGO that aggregates over eight thousand judges and prosecutors from all over Europe, from Germany to Turkey, from France and Belgium, to Italy, Spain and Portugal, from Czech Republic to Poland, Cyprus, Serbia and Romania.
This NGO called MEDEL, meaning in French, “Magistrats Européens pour la Démocratie et les Libertés”, is a part of the World Coalition against the Death Penalty and has been recognised by the European Council and by the European Union, and it is usually consulted about Justice and Fundamental Rights issues. I am the deputy-chairman of this NGO and, in my own country, I am one of the Stand-In magistrates for the Portuguese General Attorney Office before the Supreme Court.
- Published: 03 July 2010
Declaration of MEDEL about Judge Maria de Lourdes Afiuni from Venezuela
On December 2009 judge Maria Lourdes Mora Afiuni was arrested in the exercise of her duties in her official bureau, as a judge in Caracas (the Bolivarian Republic of Venezuela), only because she has ruled a judicial decision.
The judge is detained since then with common delinquents, having been victim of attempts on his physical integrity
Medel condemn the imprisonment of judge Afiuni and the violations of hers fundamental rights.
Medel demand to the Venezuelan authorities the respect of the guarantees and fundamental rights of Judges and also required effective respect for the Independence of Judiciary in Venezuela.
- Published: 07 March 2007
The public opinion is well informed on the existence of a number of covert, illegal actions carried out on European soil by United States’ security and intelligence forces, aimed at abducting foreign nationals suspected of belonging to terrorist organisations. The “extraordinary renditions”.
Judicial investigations on the matter in several European Countries have been followed by official reactions at the European level.
In November 2005 the Secretary General of the Council of Europe addressed the States Parties to the European Convention on Human Rights a “Request for an explanation in accordance with Article 52 of the Convention” ; then there have been Reports by the Parliamentary Assembly of the Council of Europe and the European Parliament which have raised doubts on the Member States’ cooperation on these illegal operations.
- Published: 27 October 2005
As European judges and prosecutors, we are deeply concerned about the war that United State, United Kingdom and their allies have declared to Iraq.
We perfectly know, of course, that Iraq is not a democratic Country, respectful of the Rule of Law, and that Mr. Saddam Hussein is a dictator who has had assaulted other States of the Middle east.
We also know that he does not respect any common standard of human rights established by the United Nations and by customary international law.
We do not love dictators at all ! But at the same time we are convinced that this unilateral war (based on the pretexts of a world-wide campaign against terrorism and countries supposed to be friendly with terrorists) constitutes a breach of peace and of the Statute of United Nations, as well as an aggression under international law.
- Published: 15 January 2005
Constitutional crisis and change of government.
- Mission report conducted on behalf of Medel in February 2005 (PDF es)
- Report in French (PDF fr 136 ko)
- Published: 29 May 2004
Abduction and detention in illegal prisons have nothing to do with international judicial and police cooperation in criminal matters; they rather represent outright violation of fundamental Human Rights.
The Judiciary must be independent and shall intervene when serious violations of Human Rights appear to have been perpetrated.
The respect for these principles is at the heart of Western Democracies, it lends them legitimacy in the fight against international terrorism.
- Published: 28 May 2004
In many countries today jurisdiction finds itself pressed by political power which, by considering the judiciary as subalternate subsystem, aims at keeping jurisdiction homogeneous with political logics, which are founded on the majority principle.
In the constitutional State of Law, founded on the separation of powers, primacy of the Constitution implies primacy of human rights above majority opinions and, thus, autonomy and independence of those who have to safeguard these rights: that is to say, autonomy and independence of jurisdiction in respect to political power.
Magistrates have to take their role seriously and have to acquire consciousness of the fact that the independence bestowed upon them by the Constitution and by International Agreements grants them the possibility to be an instrument for the fulfilment of citizens' rights, as well as the possibility of controlling the legality of the exercise of all powers, excluding any immunity.
- Published: 28 October 1998