Russia: lawyers threatened with death in Dagestan need urgent protection

Russia: lawyers threatened with death in Dagestan need urgent protection

The ICJ today expressed its grave concern at death threats received by lawyers Sapiyat Magomedova and Musa Suslanov. 

The authors of the threats demanded that the lawyers cease their involvement in a case alleging the murder of five individuals.

The ICJ called on the authorities to take urgent protective measures to ensure the safety of lawyers who received these threats.

On 8 May, Sapiyat Magomedova and Musa Suslanov took on a case to represent relatives of a local parliamentarian, Magomed Gamzatov, his brothers Osman, Yusup and Gazidibir and their cousin Magomed Omarov. The men were killed by firearms in the city of Kizlyar, Dagestan, on 18 March.

According to relatives, the shootings  resulted from a conflict of a personal nature. A criminal case was opened and several people arrested in relation to the killing.

However, the relatives of the victims have alleged that they have been subjected to continuous surveillance and pressure.  Witnesses  reportedly now fear to testify in the case.

From the start the lawyers began to be subject to intimidation, which included threats that their professional offices would be set on fire or blown up with the lawyers inside. Such threats were delivered through acquaintances of the lawyers.

On 19 and 20 may, after the two lawyers had announced a more proactive intervention in the case, including by inviting information from additional witnesses,  the lawyers received text messages warning them that they should drop the case which was “their chance to stay alive”.

Another message demanded that they drop their involvement in the case and “not butt into something they should not do”.

The ICJ considers that there is an imminent risk to the lives and physical security of lawyers, especially taking into account the recent case of murder of a lawyer in Dagestan.

On 20 January 2012, a lawyer in Dagestan was shot to death with the alleged involvement of security forces. According to the information received by the ICJ, the case has still not been properly investigated and no one has been held accountable.

The ICJ recalls that under international law and standards, Russia has an obligation to protect the right to life of individuals where there is a real and immediate risk to the life of an individual from the criminal acts of a third party.

The UN Basic Principles on the Role of Lawyers provide that “where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities”.

Effective measures to protect the lawyers should include security measures as necessary, such as police monitoring and guards. This issuance of death threats constitutes criminal conduct.

The ICJ called on the Russian authorities to promptly and thoroughly investigate these threats and to bring the perpetrators to justice in fair trials.

Lawyer-deaththreats-Russia-eng (download the statement in English)

Lawyer-deaththreats-Russia-rus (download the statement in Russian)

Contact:

Róisín Pillay, Director, ICJ Europe Programme, t +41 22 979 38 30; e-mail: roisin.pillay(a)icj.org

Temur Shakirov, Legal Adviser, ICJ Europe Programme, t +41 22 979 38 32: e-mail: temur.shakirov(a)icj.org

 

Bulgaria: ICJ and Rechters voor Rechters observe appeal against dismissal of a judge

Bulgaria: ICJ and Rechters voor Rechters observe appeal against dismissal of a judge

On 16 May, the ICJ and Rechters voor Rechters (Judges for Judges) observed an appeal hearing at the Supreme Administrative Court (SAC) in a case against the dismissal of Judge Miroslava Todorova.

Judge Todorova, who had been serving on the Sofia City Court, is  known for critical commentary  on the problems in the judiciary in Bulgaria. In this hearing, the Prosecutor’s Office supported Judge Todorova’s appeal against her dismissal, but the Court has not yet issued its decision.

The ICJ previously raised concerns over Judge Todorova’s dismissal from her position of judge and as Chair of the Bulgarian Judges Association, in July 2012. The ICJ was particularly concerned at the disproportionate sanctions for delay of several reasoned cases, which is a problematic, but usual, practice among judges in Bulgaria.

The ICJ also expressed concern at the fact that the proceedings took place some six years after the limitation period ended. Further questions arose as to the composition of the Supreme Judicial Council (SJC), the body which both initiated the proceedings and conducted the hearing, and its independence in this case.

The trial observation mission consisted of Professor Doctor Günter Witzsch (Germany), who observed the trial on behalf of the ICJ, and Judge Janneke Bockwinkel (the Netherlands, on behalf of Judges for Judges). The ICJ and Judges for Judges will continue to follow the case of the dismissal of Judge Miroslava Todorova and will issue a detailed report following the issuing of the decision by the SAC.

 

For further information

Róisín Pillay, Director of the Europe Programme, roisin.pillay(a)icj.org

Temur Shakirov, Legal Adviser, Europe Programme, temur.shakirov(a)icj.org

ICJ’s and AI’s intervention in the case Abu Zubaydah v. Lithuania

ICJ’s and AI’s intervention in the case Abu Zubaydah v. Lithuania

GuantanamoThe ICJ and Amnesty International presented a third party intervention in the case Abu Zubaydah v. Lithuania before the European Court of Human Rights.

In the third party intervention, the ICJ and AI outlined developments on the knowledge imputable to Contracting Parties at relevant times; on the obligations attached to principle of non-refoulement; on the duty to investigate credible allegations of human rights violations and other procedural obligations; and on the human rights violations that detainees previously held in the USA’s secret detention and rendition programmes are currently enduring.

Abu_Zubaydah_v_Lithuania-ICJAIJointSubmission-ECtHR-final (download the third party intervention)

 

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