Jun 27, 2013 | News
The ICJ welcomes the decision of Ukraine’s High Qualification-Disciplinary Commission to reinstate Larisa Gerasko, a lawyer previously disbarred because of her involvement in seeking to register a local lawyers’ association.
Following a hearing on 21 June, which was attended by ICJ Commissioner Gulnora Ishankhanova, the High Qualification-Disciplinary Commission (HQDC) found that there were no valid grounds for disbarment.
The decision of the HQDC came in the context of a series of disciplinary proceedings against lawyers in Ukraine, which followed a law on “Advokatura and Lawyers’ Activities” adopted in 2012.
“Following the enactment of the new law, two parallel structures of self-governance of the legal profession were established, only one of which was registered,” said Gulnora Ishankhanova. “As a result of the conflict, disciplinary sanctions have been initiated against a number of lawyers on the grounds of organization and participation in ‘an alternative congress’ as well as other related and unrelated grounds.”
The ICJ commissioner visited Kiev on 20-22 June to examine the situation and meet with the main stakeholders including lawyers subjected to disciplinary action, relevant bodies of the Association of Lawyers and the HQDC and NGO representatives.
On 21 June, she observed disciplinary hearings against several lawyers including Larisa Gerasko, who had been disbarred on the grounds of submitting documents for state registration of a lawyers’ association of Zakarpatk Region, and Roman Martynovsky, a member of the HQDC, whose status as a lawyer was suspended for a period of six months for non-attendance of one meeting of this body.
The decision regarding lawyer Martynovsky was postponed until the following meeting of the HQDC.
“We are concerned that disciplinary action remains pending in a number of cases against lawyers involved in the creation of the unregistered lawyers’ association, the National Association of Lawyers,” Gulnora Ishankhanova added.
The ICJ recalls that, according to the UN Basic Principles on the Role of Lawyers, “all disciplinary proceedings shall be determined in accordance with the code of professional conduct and other recognized standards and ethics of the legal profession and in the light of these principles”.
Disciplinary action against a lawyer may only be initiated for violations of published standards of professional conduct, and any disciplinary sanctions must be proportionate to the offence committed.
Where a disciplinary system allows for practically any form of conduct to be construed by the responsible disciplinary body as grounds sufficient for disbarment, the sanction is likely to be arbitrary and to violate international human rights law.
The ICJ expresses its gratitude to the Ukrainian Helsinki Human Rights Union, the HQDC and others who facilitated or co-operated with the mission.
The ICJ will continue to monitor developments in the ongoing disciplinary action against lawyers in Ukraine and will in due course publish a more detailed report on the visit to Ukraine with recommendations.
Contact:
Róisín Pillay, Director, ICJ Europe Programme: +41 22 979 3830; e-mail: roisin.pillay(a)icj.org
Ukraine-ICJ welcomes decision to reinstate disbarred lawyer-press release-2013-rus (full text in pdf)
Photo by Serdar Yagci
Jun 7, 2013 | News
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
May 30, 2013 | Agendas, Events
On Wednesday 29 May 2013, the ICJ co-sponsored a parallel event with Human Rights Watch and other NGOs during the Human Rights Council’s 23rd regular session held in Geneva.
The event, held in Room IX of the Palais des Nations, addressed key issues concerning the independence of judges and lawyers within the Russian Federation. The event was chaired by Róisín Pillay, Director of ICJ’s Europe Programme. Panelists were Gabriela Knaul, the UN Special Rapporteur on the independence of judges and lawyers; Tamara Morshchakova, ICJ Commissioner and former Deputy Chair of the Russian Consitutional Court; and Karinna Moskalenko, ICJ Commissioner and founder of the International Protection Centre.
May 28, 2013 | News, Publications
The ICJ has now published a translation of its Practitioner’s Guide, International Principles on the Independence and Accountability of Judges, Lawyers and Prosecutors.
This is the first comprehensive analysis of the existing standards and compilation of universal and regional instruments published in Russian. The Guide outlines the roles to be played by a strong legal profession, an independent judiciary and an impartial and objective prosecuting authority. References to international decisions, reports, texts of treaties and other international standards allow the Guide to be used as a reference book by legal practitioners and policy makers.
International-Principles-on-the-Independence-and-Accountability-of-Judges-Lawyers-and-Procecutors-(No.1)-Practitioners’ Guide series-2013-Rus (full text in pdf)
May 17, 2013 | News
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
Apr 24, 2013 | Feature articles, News
The three final nominees for the Martin Ennals Award for Human Rights Defenders are Mona Seif (Egypt), Joint Mobile Group (Russia) and Mario Joseph (Haiti). The ICJ is one of the ten members of the jury.
The Martin Ennals Award is given to Human Rights Defenders who have shown deep commitment and face great personal risk. The aim of the award is to provide protection through international recognition.
Selected by ten leading human rights organizations (ICJ, Amnesty International, Human Rights Watch, Human Rights First, International Federation of Human Rights, Front Line Defenders, HURIDOCS, Diakonie – German Protestant Welfare, World Organization Against Torture and International Service for Human Rights) it is the world’s most important Human Rights Prize.
The 2013 Award will be presented on Oct. 8th at a ceremony hosted by the City of Geneva.
Mona Seif (Egypt) is the core founder of the” No To Military Trials for Civilians”, a grassroots initiative which is trying to stop military trials for civilians.
Since February 25, 2011, Mona has brought together activists, lawyers, victims’ families, local stakeholders and started a nationwide movement against military trials.
As part of the recent crackdown on the Freedom of Speech in Egypt she has been charged along with other Human Rights activists.
She noted that “International solidarity, and I mean people’s support not governments, empowers us to continue our battle and stop military trials for civilians“.
After the murder of several human rights activists working in Chechnya, Igor Kalyapin started the Joint Mobile Group. To reduce the risk they send investigators on short missions to Chechnya to document Human Rights abuses.
This information is then used to publicise these abuses to seek legal redress. Igor Kalyapin speaking of the effect of international publicity said “… when the international community is watching us it is more difficult for the authorities to take steps against us…”
Mario Joseph, Haiti’s most important Human Rights lawyer, has worked on some of the most important cases in Haiti, including the current case against the former dictator Jean-Claude “Baby Doc” Duvalier.
His family received asylum in the United States in 2004, while he chose to return to Haiti. He has faced threats and harassment for much of his 20 years as a lawyer although it has intensified in recent months.
He says: “this recognition from the Ennals Award shines a vital spotlight on my work, and on the work of everyone who is fighting for human rights in Haiti. That spotlight will make our work safer and more effective.”
MEA-Short Summary-2013 (read the pdf)
MEA-MONA SEIF bio-2013 (read the pdf)
MEA-JOINT MOBILE GROUP bio-2013 (read the pdf)
MEA-MARIO JOSEPH bio-2013 (read the pdf)
