Russian Federation: authorities must repudiate intimidation of lawyer

Russian Federation: authorities must repudiate intimidation of lawyer

Today, the ICJ expressed concern at the allegations of harassment of lawyer Shamil Magomedov following an acquittal of his client Sulntankhan Ibragimov, who had been accused of murder.

The allegations should be investigated and authorities must make clear to law enforcement officials that such intimidation and harassment is prohibited, the ICJ said.

Yesterday, the lawyer alleged that on 19 October, while he was in Moscow, a law enforcement officer visited his home in Dagestan and questioned his family members about his whereabouts and “why he complained so much to law enforcement bodies”.

The lawyer believes this is related to the acquittal of his client, Sulntankhan Ibragimov, in whose case a decision had been delivered three days before.

When the matter was raised in court, Prosecutor Magomed Aliyev claimed the law enforcement officer’s visit was routine.

The ICJ considers that in the circumstances, the visit to and questioning by a law enforcement officer of a lawyer’s family about his professional activities could only reasonably be understood as a form of intimidation or harassment.

International standards, such as the UN Basic Principles on the Role of Lawyers, provide that governments must ensure that lawyers “are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference” and “shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.”

The ICJ calls on the relevant prosecutorial and law enforcement authorities to make clear to all their officials that all intimidation and harassment of lawyers, including by visiting and questioning a lawyer’s family about the lawyer’s protected professional activities, is prohibited.

Background 

 Shamil Magomedov, a lawyer from Dagestan, defended Sultankhan Ibragimov in a case where he was charged with the muder of Alisultan Omarov, a Greco-Roman wrestling coach, in 2015 and the murder in 2016 of Nazim Gadjiev, the leader of the “Sadval” movement.

On 16 October, the jury trial found Sultankhan Ibragimov not guilty on all accounts.

Russia-Shamil Magomedov statement-News-web stories-2017-RUS (story in Russian, PDF)

Help create a documentary on Sir Nigel Rodley

Help create a documentary on Sir Nigel Rodley

Sir Nigel Rodley, ICJ President, fought tirelessly for human rights in a remarkable career as a jurist spanning more than five decades. You can help the creation of a documentary on his life and achievements.

Human Rights in the Picture, in close collaboration with the Human Rights Centre of Essex University and Docudon Production, hopes to create a documentary on Sir Nigel’s life story and his outstanding achievements to inspire, teach and shape new generations of students and human rights practitioners.

To make this happen, they are asking for help.

Human Rights in the Picture is raising 60.000 euros by crowdfunding in 42 days.

View the teaser of the documentary

For further details, and to make a donation, please see here: www.crowdfundingNigelRodleyfilm.org

Turkmenistan: ICJ holds a roundtable on the role of the legal profession

Turkmenistan: ICJ holds a roundtable on the role of the legal profession

Today, the ICJ holds a seminar in Turkmenistan, on “Comparative perspectives on the role of lawyers”.

The event organized in Ashgabat, with support of the EU Liaison Office in Turkmenistan, provides an important opportunity to discuss the questions of organization of an independent legal profession and the ethics of lawyers in the countries of the EU and Central Asia.

“Along with judges and prosecutors, lawyers are key participants in the administration of justice. Ensuring fair trial rights is intrinsically linked with the right to legal assistance by lawyers who are able to perform their duties independently and with full respect of profession’s ethical standards,” said Temur Shakirov, ICJ Europe Programme Legal Adviser.

“To achieve this they organize themselves through associations of lawyers,” he added.

The workshop takes a comparative approach and looks into the role of lawyers in several jurisdictions, including the organisation of the legal profession as well as the professional standards for lawyers in Germany, Switzerland, Kazakhstan and Uzbekistan.

The speakers will also discuss international standards on the role of lawyers and their ethics.

Gulnora Ishankhanova, an ICJ Commissioner, will represent the ICJ along with other experts, including senior lawyers from the ICJ network.

They will present comparative national perspectives on the role of lawyers in their respective countries, placing them in the context of global and regional standards.

Representatives of lawyers’ associations in Turkmenistan will present the experience of Turkmenistan.

Event: transnational injustices – renditions, expulsions, and abductions of persons accused of terrorism

Event: transnational injustices – renditions, expulsions, and abductions of persons accused of terrorism

The ICJ, the Center for Human Rights and Global Justice and Amnesty International invite you today to an event to discuss challenges in prevention of, and accountability for, violations of human rights in the US-led rendition system, and in transfers of suspects in the CIS region.

Join us for a moderated discussion marking the U.S. launch of the International Commission of Jurists’ report, Transnational Injustices: National Security Transfers and International Law.

Panelists will discuss the ongoing practice of states unlawfully rendering people accused of terrorism, particularly in Russia and Central Asia, and explore the extent to which the impact of the CIA’s notorious extraordinary renditions can still be felt today.

When: Monday, October 16, 2017 – 12:45 pm to 2:15 pm

Where: Lester Pollack Colloquium Room – Furman Hall, 9th Floor, NYU School of Law – 245 Sullivan Street, New York City

RSVP here

Refreshments will be served

Speakers:

  • Sam Zia-Zarifi, Secretary General, ICJ
  • Róisín Pillay, European and CIS Programme Director, ICJ
  • Margaret Satterthwaite, JD ’99, Professor of Clinical Law, NYU School of Law

Moderated by Julia Hall, Expert on Counter-Terrorism and Human Rights, Amnesty International

A flyer for this event is available in PDF format by clicking here.

Tajikistan: the life and physical integrity of lawyer Buzurgmehr Yorov must be protected

Tajikistan: the life and physical integrity of lawyer Buzurgmehr Yorov must be protected

Tajikistan should take urgent action to ensure the protection of Buzurgmehr Yorov, a lawyer serving a 28-year sentence in prison, following his conviction being based on clearly improper charges related to the defense of his clients, the ICJ said today.

The ICJ is aware that Bugurgmehr Yorov has been subjected to acts amounting to torture or other ill-treatment.

The responsible authorities must ensure that such ill-treatment immediately ceases and that allegations that Buzurgmehr Yorov’s rights that have been violated are promptly and thoroughly investigated by an independent body.

Anyone responsible for violations of his rights must be held accountable and brought to justice, as required under Tajikistan law as well as international human rights treaties to which Tajikistan is a party.

Buzurgmekhr Yorov was arrested two years ago on 28 September 2015, on charges of “fraud” and “forgery of documents.”

Later, he was accused of violating three more articles of the Criminal Code, including in relation to alleged “public calls for extremist activity.”

On 6 October 2016, The Dushanbe City Court sentenced Yorov to 23 years imprisonment in a strict regime prison.

In March this year, Yorov was sentenced to an additional two years’ deprivation of liberty for “contempt of court and insulting the representative of power.”

In August 2017, he received a further three years sentence on charges of “insulting the president.”

On 27 September 27 2017, Hurinniso Ishokova, mother of Buzurgmehr Yorov, obtained permission to visit her son in a pre-trial detention facility, for the first time in nine months.

Following the visit, she alleged that her son had been systematically beaten by prison staff during the whole period of his detention, and that in the last month the beatings had intensified.

She also said that at an unspecified time during his detention Buzurgmehr Yorov had been admitted to the hospital at the pre-trial facility.

After several days of treatment, he was again sent back and the beatings by prison staff resumed.

According to his mother, these beatings were accompanied by insults, humiliation and threats. Reportedly, on three recent occasions Buzurgmkhar Yorov was placed in a punishment cell for several days.

On September 28, 2017 the head of the pre-trial facility rejected all claims that Buzurgmkhar Yorov had been subjected to torture or other ill-treatment.

Background:

The ICJ has, on a number of occasions, expressed its serious concerns over the arrest and conviction of Buzurgmehr Yorov and other lawyers in Tajikistan.

The ICJ is concerned that Buzurgmehr Yorov’s conviction may constitute a reprisal for his defense work in high-profile political trials in connection with his representation of thirteen leaders of the Islamic Renaissance Party of Tajikistan (IRPT).

See:

https://www.icj.org/tajikistan-long-prison-sentences-for-lawyers-endangers-the-fairness-of-the-justice-system/

https://www.icj.org/tajikistan-arrest-of-lawyer-raises-concern-over-reprisals-for-defense-of-clients/

https://www.icj.org/tajikistan-icj-concerned-at-arrest-of-lawyer/

Tajikistan is a party to the International Covenant on Civil and Political Rights (ICCPR) and the UN Convention against Torture (CAT) both of which enshrine the absolute prohibition on torture or other cruel inhuman and degrading treatment, and require that allegations of such ill-treatment should be subject to independent, thorough and prompt investigation, and that perpetrators of crimes of torture should be brought to justice.

According to UN Basic Principles on the Role of Lawyers, lawyers “shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.” (Principle 16(c)).

Yorov_statement_rus (Russian translation – pdf)

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