CHAIRPERSON OF MEETING OF SPECIAL RAPPORTEURS, EXPERTS WELCOMES DECISION BY INTERNATIONAL COURT OF JUSTICE ON CUMARASWAMY CASE

The following statement was issued today by Mona Rishmawi, Chairperson of the Fifth Meeting of Special Rapporteurs, Representatives, Experts and Chairpersons of Working Groups of the Commission on Human Rights:

"The United Nations Special Rapporteurs, Representatives, Experts and Chairpersons of Working Groups of the Commission on Human Rights are pleased and satisfied with the binding opinion issued by the International Court of Justice (ICJ) in the case concerning the challenges in Malaysian courts to immunities against legal process of Dato Param Cumaraswamy, the Special Rapporteur on the independence of judges and lawyers.

The Court's opinion provides a major reinforcement to the United Nations human rights system and reassures the United Nations Special Rapporteurs of their protection while they are exercising their duties.

The opinion sets the record straight by asserting the entitlement of the Special Rapporteurs to immunities and privileges in accordance to international law. The Court also emphasised the responsibility placed on the United Nations Secretary-General to exercise the necessary protection with regard to the immunities of United Nations officials and experts. Such immunity is much needed for the proper functioning of the United Nations human rights experts, who are requested to monitor and report on human rights violations in various parts of the world.

The Special Rapporteurs, Representatives, Experts and Chairpersons of Working Groups of the Commission on Human Rights have often expressed concern about the attack on the immunity of Mr. Cumaraswamy. We are now very satisfied that the world's highest judicial organ supported in unequivocal terms the diligent actions by the United Nations Secretary-General to protect the immunity of Mr. Cumaraswamy. The Court also asserted that Malaysia is under a legal obligation to communicate the ICJ ruling to its courts so that Mr. Cumaraswamy's immunity is respected.

The Special Rapporteurs Representatives, Experts and Chairpersons of Working Groups of the Commission on Human Rights take this opportunity to thank the Secretary-General for his firm and clear position and concerted effort to assert the immunity of the Special Rapporteur. We also applaud the work of the team of the Legal Counsel of the United Nations for their meticulous and thorough pursuit of this essential matter."