Oct 8, 2020 | News
Today, the ICJ, the Regional office of the UN High Commissioner for Human Rights (OHCHR) for Central Asia and the Supreme School of Judges of the Republic of Uzbekistan (SSJ) are beginning a national training on “International law on economic, social and cultural (ESC) rights.”
This two-day online-training is the second of a series of trainings on ESC rights, including, the right to health, education, housing, child protection and rights in the workplace.
The online-training aims to build the capacity of judges, lawyers, prosecutors, legal academics and other representatives of civil society to apply international law and standards on ESC rights. Trainers will share best practices on implementation by States of their international obligations, including through judicial practice, and in ensuring access to justice for ESC rights. The online-training will also allow for exchanges between members of the judiciary, other legal practitioners, and members of civil society.
The training will be based on four modules: (1) introduction to international law on ESC rights; (2) international obligations concerning access to justice and effective remedies for ESC rights in national courts and comparative examples of good practices; (3) children`s ESC rights and (4) women`s ESC rights. The office of the UN Special Rapporteur on independence of judges and lawyers and representatives of the UN Committee on the Elimination of Discrimination against Women will participate in the training.
“Nobody could imagine the challenges the world will face only in few months after my visit to Uzbekistan. We are witnessing and living this unprecedently challenge for individuals, societies and states to response to crisis at global and national level to protect right to life and health, and to protect individuals from impact of lockdowns and restrictions. Economic, social and cultural rights are the heart of these challenges,” said Diego Garcia-Sayan, the UN Special Rapporteur on independence of judges and lawyers in his video-address to the participants of the training.
Francois Begeot, Head of Cooperation of the Delegation of the European Union to the Republic of Uzbekistan pointed out, “COVID-19 pandemic showed the urgency and importance of economic, social and cultural rights that have to be ensured by the states, even in the emergency situations. Taking international obligations, Uzbekistan has to respect, protect and fulfil human rights including during the state of emergency and ensure access to justice and legal remedies.”
Read full press release here.
Watch Diego García-Sayán speech for the event:
Contact:
Ms. Dilfuza Kurolova, Legal Consultant, ICJ Europe and Central Asia Programme, e: dilfuza.kurolova@icj.org
Ms. Guljakhon Amanova, National Program Officer, Uzbekistan, Regional Office of the UN High Commissioner for Human Rights (OHCHR), e:gamanova@ohchr.org
Mr. Utkir Khalikov, Head of the international department The Supreme School of Judges under the Supreme Judicial council of the Republic of Uzbekistan for Central Asia, e: inter.dep.ssj@mail.ru
Sep 30, 2020 | News
The ICJ today welcomed the first annual rule of law report of the European Commission, which analyses the compliance of all EU Member States with rule of law standards, including on judicial independence, freedom of the media and civil society.
The report is a welcome recognition that rule of law guarantees cannot be taken for granted in any European country, and that all EU institutions must be particularly vigilant in their defence.
But the ICJ warns that the report is only valuable if it leads to strengthened EU enforcement action to address the serious rule of law crises in Poland and in Hungary.
“This report is further testimony to the actions of governments of Poland and Hungary, to deliberately and systematically dismantle protections for judicial independence and other essential rule of law protections,” said Róisín Pillay, ICJ Europe and Central Asia Programme Director.
“We need the EU to use its powers of enforcement promptly and to the full, to defend these fundamental guarantees, including through prompt progression of Article 7 and enforcement proceedings. It is welcome that the European Commission calls on Member States to accelerate the resolution of problems raised under the Article 7 proceedings against Poland and Hungary. This report should lead to renewed efforts of all the institutions to urgently progress these proceedings,” she added.
Additional information
The full text of the European Commission report is available here: https://ec.europa.eu/info/publications/2020-rule-law-report-communication-and-country-chapters_en
The International Commission of Jurists has repeatedly expressed serious concern at the deteriorating rule of law situation in both Poland and Hungary, see for example:
https://www.icj.org/poland-judges-and-lawyers-from-around-the-world-condemn-rapidly-escalating-rule-of-law-crisis/
And here: https://www.icj.org/european-union-icj-joins-call-for-urgent-eu-response-to-hungarys-covid-19-emergency-law/
Contact:
Róisín Pillay, ICJ Europe and Central Asia Programme Director, t: +32 476 97 42 63; e: roisin.pillay@icj.org
Karolina Babicka, Legal Adviser, ICJ Europe and Central Asia Programme, t: +32 475 46 20 67; e: karolina.babicka@icj.org
Sep 23, 2020 | News
The ICJ called today on the Public Prosecutor Office of Istanbul to drop criminal charges and investigations against the President and Board Members of the Istanbul Bar Association for having publicly displayed a photograph of lawyer Ebru Timtik, who died following a hunger strike while in detention.
“These charges have been brought as a direct result of the lawyers’ exercise of their freedom of expression,” said Massimo Frigo, Senior Legal Adviser with the ICJ Europe and Central Asia Programme. “ They should be dropped immediately.”
On 21 September, the Chief Public Prosecutor’s Office of Istanbul notified to the 11 members of the board of the Istanbul Bar Association, including its President Mehmet Durakoğlu, that they were under criminal investigation.
The charges are not yet known but it is confirmed that the investigation concerns their hanging of a large picture of lawyer Ebru Timtik out of the window of the Istanbul Bar Association’s headquarters.
Lawyer Ebru Timtik died last 27 August on the 238th day of her hunger strike, while in detention on remand. She was a lawyer in the Progressive Lawyers Association and was under trialto answer to the unfounded accusation of being a member of a terrorist organisation. She undertook the hunger strike to protest against these accusations, which are often used in Turkey to silence political opposition and human rights defenders.
Following the bar association’s display of Ebru Timtik’s photograph, Minister of Interior Süleyman Soylu targeted the İstanbul Bar, saying, “I strongly condemn the ones who hung the photograph of a terrorist organization member on the İstanbul Bar Association.” Minister of Justice Abdulhamit Gül also said, “It is unacceptable that the bar association has become a backyard for illegal and marginal structures.” President Erdoğan also stated in the opening speech of the new legal year that “In the next period, we will do what is necessary to cut the bloody road extending from being attorneys to terrorists.”
“It is particularly worrying that these investigations were triggered after statements by the Minister of the Interior and the President, besmirching the legitimate work of lawyers and bar associations as linked to ‘terrorism,” added Massimo Frigo.
International standards
The UN Basic Principles on the Role of Lawyers state:
18. Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.
23. Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.
24. Lawyers shall be entitled to form and join self-governing professional associations to represent their interests, promote their continuing education and training and protect their professional integrity. The executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference.
Contact
Massimo Frigo, Senior Legal Adviser, e: massimo.frigo(a)icj.org, t: +41797499949; twitter: @maxfrigo
Sep 17, 2020 | Events, News
The ICJ in cooperation with the Ukraine National Bar Association will hold an online roundtable discussion “Security of lawyers and state of legal profession in Ukraine”.
The event of 18 September 2020 will assemble leading legal experts and practitioners from Ukraine and other countries who will discuss the state of the legal profession in Ukraine in light of the international standards on the role and independence of lawyers, and national legislation and practice. The discussion will center around the challenges to security of lawyers, especially where they protect human rights, as well as the institutional independence and self-governance of legal profession in Ukraine.
The round table follows an ICJ mission report, Between the Rock and the Anvil: Lawyers under Attack in Ukraine, that documents and analyses the state of the independence of the legal profession in Ukraine and risks that lawyers face in their work in defence of their clients.
The event is open for participation upon online registration. Please contact Leyla Madatli at Leyla.Madatli@icj.org.
The working languages of the event is Ukrainian, Russian and English. The roundtable will continue from 10.00 to 14.00 Ukraine time (CET 9.00-13.00).
Agenda in English.
Sep 14, 2020 | News
Today, the ICJ called on Turkmenistan to comply with its international legal obligations to release detained lawyer Pygamberdy Allaberdyev, who is alleged to be arbitrarily detained, or to charge him with a cognizable crime consistent with international human rights law.
Allaberdyev, who has been denied access to his lawyer, should be provided access to the lawyer hired by his family and should have access to family members. He should be sufficiently informed about any charges against him which justify his arrest and should be provided with medication, food and other necessities which may be necessary to protect his right to life and health.
According to the Russian-based Memorial Human Rights Centre, on 5 September at about 7 pm, Pybamberdy Allaberdyev and another person were leaving a grocery store, when an unknown young man unexpectedly approached began a verbal skirmish, then grabbed Allaberdiev by the collar. Almost immediately, police officers appeared and the attacker pointed to the lawyer as the instigator of the conflict, after which he left. This conflict is believed to be staged as a justification to detain the lawyer.
Allaberdiev was taken to the police station, where the attacker came with a bandaged hand 20 minutes later. Soon after, Ministry of National Security officers from Ashgabat came to the police station, and accused Allaberdiyev of having links with activists of the Turkmenistan protest movement based abroad. He was interrogated without a lawyer and his house was searched. Family members have sought to provide him with needed medicine and food, but were said to have been prevented by the authorities from doing so.
On 8 September, the Prosecutor’s Office issued an arrest warrant against Allaberdyev. He is charged with crimes under Article 108 (intentional harm to health of moderate severity) and 279 (hooliganism) of the Criminal Code of Turkmenistan. Allberdyev never appeared before the court, as it is the Prosecutor’s Office which authorizes arrest warrants in Turkmenistan, a practice which is contrary to Article 9(3) of the International Covenant on Civil and Political Rights (ICCPR), to which Turkmenistan is a party.
The arrest of Pybamberdy Allaberdyev is suspected to be related to his alleged links or discussions with Turkmen activists living outside Turkmenistan who protested against upcoming constitutional amendments. The ICJ is concerned that these charges are arbitrary and in violation of his rights to freedom of association and freedom of expression, protected under the ICCPR, to which Turkmenistan is a party.
The ICJ recalls that, under the UN Basic Principles on the role of lawyers, “Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization” (Principle 23).
Under the ICCPR, Turkmenistan is also bound to respect the rights to liberty and to fair trial. Under Article 9(3) of the ICCPR, anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. A Prosecutor, as representative for a party to the case, cannot be such an officer.
In this connection, the ICJ stresses that the right of access to qualified legal representation is crucial for the protection of the human rights of those arrested.
Background:
The Republic of Turkmenistan acceded to the International Covenant on Civil and Political Rights in 1997.
On 19 August 2020, the Constitutional Commission for the development and consolidation of proposals in connection with the introduction of amendments and additions to the Constitution of Turkmenistan completed work on draft amendments to the Constitution. Under the draft amendments, a bicameral parliament, the National Council, would be established, with Khalk Maslakhaty (People’s Council) and the Mejlis (Assembly) being its higher and lower chambers respectively. Under the new amendments, former Presidents of Turkmenistan acquire membership in Khalk Maslakhaty for life.
On 7 September 2020, the Moscow-based Memorial Human Rights Center and the Turkmen Helsinki Foundation issued a statement about the detention of Pygamberdy Allaberdyev, a lawyer at a State oil company, by the police.
On August 2020, a number of Turkmen activists based abroad organized protests against the constitutional amendments and the lack of response of the State to the COVID-19 pandemic in Turkmenistan.
Sep 14, 2020 | News
The ICJ expressed today its deep concern at the arrest order of some 60 lawyers in Turkey on grounds allegedly linked to the representation of their clients, in breach of Turkey’s international law obligations.
The ICJ understands that around 47 lawyers have been arrested on 11 September in Turkey while 13 others are being searched by police for allegedly acting on behalf of clients accused of participation in the Gülenist movement, called by Turkish authorities the “Fetullahist Terrorist Organisation” (FETO). It has been reported that lawyers were interrogated about their professional activities.
“Lawyers should never be arrested or sanctioned for representing their clients, or identified with their clients causes,” said Roisin Pillay, Director of the ICJ Europe and Central Asia Programme,
“This is a basic principle of the independence of the legal profession and international law and its respect is essential to ensure that everyone has the right to a fair trial.”
The ICJ will follow the case closely to ensure that international law and standards are respected concerning any action against the lawyers arrested.
“If the sole charges against the lawyers arrested are related to their work as lawyers representing their clients, they should be immediately released,” added Roisin Pillay.
The ICJ stressed that they should not be subject to arrest for the legitimate exercise of any human rights and fundamental freedoms. In the event that any of them are subject to charges for cognizable crime consistent with Turkish and international law, they must be brought immediately before a court to consider whether any continued detention is lawful. If charged, they must be in ensured all rights of fair trial by independent and impartial courts.
The UN Basic Principles on the Role of Lawyers say that “lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions” (article 18).
Contact:
Roisin Pillay, e: roisin.pillay(a)icj.org
Massimo Frigo, e: massimo.frigo(a)icj.org – t: +41797499949
