Dec 16, 2019 | Events, News
On 16 and 17 December, the International Commission of Jurists (ICJ) in cooperation with the Tajikistan Bar Association (Tajikistan Union of Lawyers) and the Legal Policy Research Centre (LPRC) is organising a seminar “The Role of the Bar Association in ensuring security of lawyers”.
During the two-day event, lawyers from across Tajikistan as well as members of the specialised bodies on the rights of lawyers of bar associations Kazakhstan and Ukraine will discuss key main challenges lawyers face in their countries when defending their clients.
Regular attacks on independent lawyers as well as effective ways of addressing cases of harassment, intimidation and other interference by the Bar Association and its specialised bodies will be discussed during the first day of the event. During the second day, the participants will elaborate a strategy of development for protection of lawyers in Tajikistan.
The president of the Bar Association of Tajikistan as well as all members of the Commission on the Professional Rights of Lawyers of the Bar Association of Tajikistan will take part in the event.
The ICJ expresses appreciation to the Ukrainian National Bar Association for the participation in the event.
The agenda of the event here.
Sep 29, 2019 | News
On September 27-28, the International Commission of Jurists (ICJ), in cooperation with the Union of Lawyers of the Republic of Tajikistan, held a training on protecting the rights of lawyers and guarantees of the legal profession as well as the role of the Bar Association in protecting its members.
Around thirty lawyers from all regions of the Tajikistan took part in the training. Over two days lawyers discussed effective use of international mechanisms and international law and standards related to the protection of the rights of lawyers.
Particular attention was paid to the organization, functioning and role of the Commission for the Protection of the Professional Rights of Lawyers of the Union of Lawyers of the Republic of Tajikistan.
The event was attended by members of the Commission who had an opportunity to discuss the role and the effective work of this specialized body on protection of lawyers.
The Committee on the protection of the rights of lawyers of the Ukrainian National Bar Association delegated its members to the event to share their best practices and recommendations to overcome the challenges which arise in the work of these bodies.
Sep 26, 2019 | Events, News
Today, the International Commission of Jurists (ICJ) in cooperation with the Civil Society Coalition Against Torture and Impunity in Tajikistan and the Union of Lawyers of the Republic of Tajikistan hold the final event within the framework of its Global redress and accountability initiative.
This event presents an opportunity to discuss measures to prevent impunity and ensure accountability for the use of torture and cruel, inhuman and degrading treatment (CIDT) in Tajikistan.
The findings of the research on the key challenges for effective investigation of torture and CIDT, carried out by the Coalition Against Torture under the initiative, will be presented at the event. The ICJ will launch its compilation of the cases decided by the UN Human Rights Committee concerning allegations of torture in Tajikistan.
Background information:
The ICJ’s Global redress and accountability initiative focused on seven countries (Cambodia, Mozambique, Myanmar, Nepal, Tajikistan, Tunisia and Venezuela) and it aimed to combat impunity and promote redress for gross human rights violations.
It concentrates on the transformative role of the law, justice mechanisms and justice actors, seeking to achieve greater adherence of national legal and institutional frameworks with international law and standards so as to allow for effective redress and accountability; more independent justice mechanisms capable of dealing with challenges of impunity and access to redress; and judges, lawyers, human rights defenders, victims and their representatives that are better equipped to demand and deliver truth, justice and reparation.
Agenda here.
Sep 24, 2019 | Events, News
The side event aims to identify current threats against lawyers’ professional rights and guarantees in the OSCE region.
The speakers will identify and analyze the current trends through a discussion of recently gathered data and specific cases of violation of lawyers’ rights from Kyrgyzstan, Kazakhstan, Tajikistan, Moldova, Ukraine, Azerbaijan, Russia and Belarus. They will also make recommendations regarding the way forward to increase protection for lawyers and the independent legal profession in these countries and the OSCE region as a whole.
A flyer for the event is available here.
The agenda for the event available here.
Sep 10, 2019 | News
The ICJ today expressed concern that a Government anti-corruption agency has engaged in acts of intimidation against the Chairperson of the Union of the Lawyers of the Republic of Tajikistan, Saidbek Nuritdinov, and 15 other lawyers.
The intimidation apparently relates to the lawyers’ defence of Abdulaziz Abdurahmonzoda, a lawyer facing trial on charges of fraud, who was allegedly ill-treated in detention by officers of the city Department of the Agency for Financial Control and Combating Corruption of the Republic of Tajikistan (Anti-Corruption Agency).
After the lawyers representing Abdurahmonzoda alleged that he had been ill-treated, the judge of the Sino district of Dushanbe city hearing the case, Ahmadzoda Farogat, requested the Prosecutor General’s Office to investigate the allegations.
Following the initiation of the inquiry of the allegations of ill-treatment, the Head of the Anti-Corruption Agency of Dushanbe, allegedly sent requests to a number of district courts of Dushanbe to obtain information about civil and criminal cases in which Saidbek Nuritdinov had participated as a lawyer.
The requests are said to seek information such as the names and, place of residence of clients: subject matter of civil cases, and details of the charges against his previous clients. In addition, it was reported to the ICJ that Judge Akhmadzoda Farogat, transmitted a list of the fifteen lawyers and copies of their official orders, the documents authorizing the representation of the lawyer, to the Anti-Corruption Agency at its request.
The ICJ notes, that while this information is not confidential per se, previous such investigations of the Anti-corruption Agency have led to criminal prosecution and conviction of lawyers.
“In this case, representation of a lawyer subject to criminal proceedings was undertaken by a group of his colleagues, including the head of the association of lawyers, in line with professional ethics, said Temur Shakirov, Senior Legal Adviser of the ICJ. “Such representation is consistent with international standards on the role of lawyers as well as national law of Tajikistan”.
“If the investigation is related to the lawyers’ representation in the case of Abdurahmonzoda, it would constitute a means of intimidation of the lawyers. And as such it should be ceased, and the lawyers should be able to continue to act freely and diligently in accordance with the national law and international law and standards on the role of lawyers”, Shakirov added.
Background
The criminal case against lawyer Abdulaziz Abdurahmonzoda was initiated under article 247.2, of the Criminal Code (fraud) on 17 April 2019. At the court hearings observed by the ICJ, Abdurahmonzoda insisted on his innocence and alleged breaches of the criminal procedure in course of the preliminary investigation: initiation of a criminal case without legal grounds (the case was said to lack the victim’s statement about the fraudulent actions committed on the part of Abdurahmonzoda); violation of the procedure of the preliminary investigation and submission to the court of evidence knowingly obtained by illegal means. The ICJ is observing the trial.
According to the UN Basic Principles on the Role of Lawyers, governments “shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference” and they should 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).
Furthermore, interference or obstruction of lawyer’s activity is prohibited by the Law of the Tajikistan on Lawyers and Lawyers’ Activities. According to the law, a lawyer cannot be held liable for any opinion expressed by him/her as part of his/her lawyers’ activity, with the exception of actions that may constitute a crime. The request from lawyers or lawyer’s unions of information related to the provision of legal assistance in specific cases is not allowed.
According to the Draft Universal Declaration on the Independence of Justice (“Singhvi Declaration”), enable the Bar Association to fulfil its function of preserving the independence of lawyers, they should “be informed immediately of the reason and legal basis for the arrest or detention of any of its members or any lawyer practising within its jurisdiction”. In these cases, bar associations are “ entitled to be represented by its president or nominee to follow the proceedings and in particular to ensure that professional secrecy and independence are safeguarded”.
