Russian Federation: ICJ condemns killing of a judge in Dagestan
The ICJ today expressed grave concern over the shooting of a Supreme Court judge of Dagestan and his son.
The ICJ calls on the federal and local authorities to ensure prompt, independent, impartial and thorough investigation of the shooting of Judge Mukhtar Shapiyev (photo) and his son.
Those reasonably suspected of responsibility for this crime should be identified and brought to justice in fair and transparent proceedings, where the rights of all the parties, including the victims and the accused are respected.
The ICJ recalls that Mukhtar Shapiyev is the third judge to be killed in Dagestan this year.
On 15 January, Magomed Magomedov, a Supreme Court judge of Dagestan, was shot and died as a result of the attack and, on 9 March, federal judge Akhmed Radzhabov, was shot to death near his house.
“When judges’ security is not guaranteed, and when they face a real and constant risk to their lives, the justice system and the very rule of law are undermined,” Temur Shakirov, Legal Adviser of the ICJ Europe Programme, said. “The UN Basic Principles on the Independence of the Judiciary clarify that it is the obligation of the State to ensure that those who are entrusted with the power to take judicial decisions are effectively protected.”
Reports indicate that Mukhtar Shapiyev and his son, Kamil Shapiyev, were shot at by at least two persons near their home in the capital Makhachkala at about 20:45 on Wednesday 25 September. Both victims later died in hospital.
Judge Shapiyev previously worked as the Prosecutor of one of the districts in Dagestan. In January 2012, he was appointed as a Supreme Court judge of Dagestan and worked in the collegium on civil cases.
Urgent measures, which the ICJ calls for to guarantee that the security of judges in Dagestan is effectively protected, include ensuring effective security against attempts on their lives and lives of their family members.
CONTACTS
Róisín Pillay, Director, ICJ Europe Programme, roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, ICJ Europe Programme, temur.shakirov(a)icj.org
Russia-Judge killed in Dagestan-news-web story-2013-rus (full text in pdf)
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
Russia: where does the independence of judges and lawyers stand in the midst of repression?
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.
Judges, lawyers and prosecutors guide now available in Russian
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)
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