Nov 9, 2016 | News
The ICJ welcomes the judgment of the European Court of Human Rights in Schukurov v Azerbaijan, finding that the right to petition the Court had been violated by the search of a lawyer’s premises and seizure of documents.
The ICJ submitted a third party intervention in the case, outlining international law and standards relevant to legal professional privilege and the seizure of legal documents.
The case files were seized as part of a criminal investigation opened against the lawyer, Intigam Aliyev, who was representing the applicants in the case. The Court found that the search and seizure by the Azeri authorities had violated article 34 of the Convention, which stipulates that States must not hinder in any way the effective exercise of the right of individual application to the Court.
The ICJ notes that the Court’s judgment follows its earlier finding of a violation of article 34 in the case of Annagi Hajibeyli v Azerbaijan, which arose from the same incident.
The ICJ stresses that these searches of lawyers’ premises are contrary to international standards on the role of lawyers. It is particularly worrying that they form part of a pattern of harassment of lawyers in Azerbaijan, including abusive disciplinary proceedings and criminal prosecutions. Such harassment damages the ability of lawyers to protect human rights through the judicial process, and undermines the independence of the legal profession.
The decision of the Court should now be fully and promptly executed, the ICJ said.
Nov 5, 2016 | News
Today the ICJ, in partnership with the National Collegium of Advocates of Kazakhstan, hosts a major regional conference in Almaty, Kazakhstan, on the role and independence of the legal profession in Central Asia.
Bringing together bar associations and lawyers from across Central Asia, as well as representatives of bar associations from European countries and international experts, the conference explores how associations of lawyers can strengthen the role of lawyers in the justice system.
Participants will discuss the organization and self-governance of the profession in each of the countries of Central Asia; will analyse the obstacles lawyers face in protecting the rights of their clients; and will debate standards and good practices in protecting the integrity of the profession through codes of ethics, disciplinary proceedings and professional training.
“Across Central Asia, every day, lawyers do vital work to protect the human rights of their clients. But they can only do this effectively when their independence is protected in law and in practice, and when high ethical and professional standards are enforced by self-governing associations of lawyers.” said Róisín Pillay, Director of the ICJ Europe and CIS programme
“At a time when the organization of the profession is being renewed in several countries of the region, this conference aims to ensure that lawyers work together to learn from each others’ experiences, and from international law and standards, to strengthen associations of lawyers in upholding the vital role of the profession,” she added.
Download the agenda in English and Russian here:
central-asia-agenda-conference-legal-prof-news-web-stories-2016-rus-eng (in PDF)
Oct 13, 2016 | News, Publications
The ICJ published today a Russian translation of its Practitioners Guide no. 6 on Migration and International Human Rights Law.
This updated edition of the Practitioners Guide analyses the protection afforded to migrants by international law and the means to implement it at national and international levels.
The ICJ Guide synthesizes and clarifies international standards on key issues, in particular:
- the rights and procedures connected to the way migrants enter a country and their status in the country of destination;
- human rights and refugee law constraints on expulsion;
- the human rights and refugee law rights linked to expulsion procedures;
- the rights and guarantees for administrative detention of migrants;
- rights connected to work and labour; and
- rights to education, to the highest attainable standard of health, to adequate housing, to water, to food, and to social security.
universal-pg-6-migration-publications-practitionners-guides-series-2016-rus (full guide in Russian, PDF)
Oct 11, 2016 | News
Today, the ICJ observed a hearing in the case of Azimzhan Askarov, a prominent human rights defender in Kyrgyzstan, convicted in 2011 of murder and incitement to ethnic hatred, after an unfair trial, and sentenced to life imprisonment.
Azimzhan Askarov is appealing against his conviction following a decision of the UN Human Rights Committee.
The Chuy Court began the appeal hearing in the case on 4 October, following the findings of the UN Human Rights Committee that Azimzhan Askarov’s arrest, detention and trial violated the International Covenant on Civil and Political Rights (ICCPR), including the prohibition on torture or other ill-treatment, the prohibition on arbitrary detention, and the right to fair trial.
As a result, the Supreme Court ordered a reconsideration of the case earlier this year.
At today’s hearing a witness who was Askarov’s former cellmate confessed that he beat Askarov up in detention, which is the first time that direct testimony about Askarov’s torture or other ill-treatment has been presented to the Court.
Previously such allegations were refuted by the prosecution.
The next hearing is scheduled for 18 October. The ICJ will continue monitoring the case in future hearings.
Contact
Róisín Pillay, e: roisin.pillay(a)icj.org
Dmitry Nurumov, e: dmitry.nurumov(a)icj.org
Background
Azimzhan Askarov, a prominent human rights defender, was convicted of murder and incitement to ethnic hatred and sentenced to life imprisonment in December 2011.
The charges concerned allegations of his participation in a murder of Myktybek Sulayamanov, a police officer, during the 2010 ethnic clashes in the South of Kyrgyzstan.
The ICJ observed the appeal hearing in the case before the Supreme Court on 20 December 2011.
Based on the results of the mission as well as the documents of the case, the ICJ published a detailed report on the arrest, detention and trial of Azimzhan Askarov.
In March 2016, the UN Human Rights Committee issued a decision in regard to Askarov’s complaint and found violations of Articles 7 (freedom from torture), Article 9 (prohibition of arbitrary detention); Article 10 (right to humane treatment in detention), Article 14 (right to a fair trial) of the International Covenant on Civil and Political Rights.
On 12 July 2016, the Supreme Court ordered a further reconsideration of the case on appeal.
The Chuy Regional Court is currently considering the case.
kyrgyzstan-askarov-trial-obs-news-web-story-2016-rus (full story in Russian, PDF)
Oct 10, 2016 | Events, News
The ICJ, OSCE and Group 484 are holding a training on migration and international human rights law starting on From 10 to 13 October in Zlatibor (Serbia).
The training has been organised by the Organisation for Security and Cooperation in Europe (OSCE) and the Serbian NGO “Group 484” and will be given by the International Commission of Jurists.
It will focus on international protection of migrants and asylum seekers, access to territory and asylum and the principle of non-refoulement, in light of the current migrants and refugee crisis and drawing from the jurisprudence of the European Court of Human Rights, of the UN human rights systems and from EU law.
The training will be centred on the ICJ Practitioners Guide no. 6: Migration and International Human Rights Law.
serbia-jointtrainingmigrationhr-events-2016-eng (download the agenda)
