HIGH COMMISSIONER FOR HUMAN RIGHTS WELCOMES DECISION BY INTERNATIONAL COURT OF JUSTICE ON CUMARASWAMY CASE

HR/99/33
29 April 1999





High Commissioner for Human Rights Mary Robinson welcomed the International Court of Justice's finding on 29 April 1999 that the United Nations Special Rapporteur on the independence of judges and lawyers, Dato Param Cumaraswamy, is entitled to immunity from legal proceedings in relation to defamation actions brought against him in Malaysia.

The High Commissioner expressed satisfaction over the reaffirmation of the applicability of the protections provided under the Convention on Privileges and Immunities of the United Nations, as certified by Secretary-General Kofi Annan in 1997. Today's decision also confirms the 1989 Advisory Opinion of the Court in the Mazilu case that independent experts, such as a Special Rapporteur, are entitled to all the privileges and immunities, including immunity from legal process of every kind, as provided in Section 22 of the Convention.

Given the importance of the mandates of Special Rapporteurs and the difficult circumstances in which they carry out their responsibilities, it is heartening that the core principle of immunity and independence has been reaffirmed.

The Court's decision is, no doubt, both a relief and a source of vindication to Param Cumaraswamy.