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Litigation

CLD uses litigation strategically to establish and advance key rights protections, based on constitutional and international law. 

We currently are supporting cases in Kenya, Indonesia and Sri Lanka. Below are additional examples of our litigation work. 


Pakistan: Amicus Curiae Brief on Contempt of Court

Early in 2020, the Islamabad High Court in Pakistan asked for help from experts in determining a number of questions relating to the law of contempt of court and media reporting on ongoing court cases. In March, the Institute for Research, Advocacy and Development (IRADA), with support from the Centre for Law and Democracy (CLD), filed an amicus curiae  brief with the court setting out relevant international standards.


Germany: Complaint to the United Nations Human Rights Committee

CLD filed a human rights complaint (communication) against Germany with the United Nations Human Rights Committee. The communication alleges that Germany has failed to meet its obligations to respect freedom of expression under Article 19 of the International Covenant on Civil and Political Rights because the German state of Bavaria does not have a right to information law. CLD’s client, Mr. Walter Keim, was refused access to public interest documents related to his human rights activism.


Indonesia: Amicus Brief on Independence of Information Commission

The Centre for Law and Democracy filed an amicus curiae (friend of the court) brief in a constitutional appeal in Indonesia lodged by the Central Information Commission asserting that there are problems in its founding legislation in terms of the protection of its independence. While the members of the Commission have historically been independent of the public authorities they oversee, the Secretariat of the Commission is “operated by the government”, to use the very words of the legislation, Law No. 14 of 2008 on Public Information Disclosure.


Toby Mendel Provides Witness Statement to the UK Information Tribunal

CLD Executive Director Toby Mendel recently provided a witness statement to the UK Information Tribunal in support of an appeal against refusal lodged by Pamela Bartlett Quintanilla of Access Info Europe. The request was for minutes taken by UK representatives at the Working Party on Information meetings in the years 2010, 2011 and what has passed of 2012. Ms. Quintanilla also requested a list of attendees from the various Working Party on Information meetings that have taken place in 2011 and 2012. The witness statement discussed international recognition of the right to information, as well as the importance of the right to information within the EU and of the specific need for transparency with regard to this particular issue. The case remains ongoing.