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 25, 2019 | Events, News
The ICJ is organizing its first fundraising Gala concert on Monday 14 October at 7:30pm in the Palais Eynard, 4 rue de la Croix Rouge, Geneva. The event will support the ICJ and its fight for the defense of the Rule of Law in the world and marks the end of the series of events we organized for our 60th anniversary in the city of human rights.
The theme of our Gala will be: “Geneva, the Defense of the Rule of Law: What can I do?”
After a welcome from the Mayor of Geneva and an introduction from Me Pierre de Preux, former Bâtonnier of the Geneva Bar, ICJ Commissioners including Sir Nicolas Bratza (former President of the European Court of Human Rights), Dame Silvia Cartwright (former Judge and Governor General of New Zealand), Professor Bob Goldman (ICJ President and former President of the Inter-american Commission on Human Rights) and Ms Roberta Clarke (ICJ Executive Chair, UN Women’s Office for the Caribbean, UN Women’s Regional Office for Asia and the Pacific) will give concrete answers to this question.
But the evening is also to enjoy a wonderful Concert of the ‘Soloists of the Menuhin Academy’ (photo) and the cocktail after that.
To reserve: Pascale.andris@icj.org
You cannot come but still want to make a donation: please click here
Download the invitation
Invitation Gala 14 Oct
Sep 24, 2019 | Events, News
The ICJ in cooperation with a number of other leading international NGOs has organised a discussion on key challenges and opportunities for the legal profession in a number of CIS countries. The discussion aimed to share the experience of bar associations in achieving greater independence from the governmental authorities and any other undue influences.
The participants have shared their legislation and practices, specific challenges and lessons learned in taking steps to achieve institutional sustainability and independence to date, and opportunities for the legal profession, domestically and in coordination with other associations and international NGOs, to raise awareness and build legal and practical framework to enable a stronger institutional capacity and independent functioning. In addition, the ICJ, ABA, IBA, Lawyers for Lawyers, representatives of bar associations and legal experts have discussed what steps should be taken to support these efforts.
Sep 24, 2019 | News
The ICJ today called for the immediate release of lawyer Mahienour al-Massry and hundreds of peaceful protestors who have been arbitrarily arrested by the Egyptian authorities in the context of recent protests against government corruption and President Abdel Fattah al-Sisi.
On 22 September 2019, Mahienour al-Massry was arrested by plain-clothes police officers outside the Supreme State Security Prosecution headquarters in Cairo, after representing five detainees in judicial investigations.
The next day she was brought before the same Supreme State Security Prosecution on unknown charges.
The detainees represented by Al-Massry had been arrested during the recent protests against President Sisi, which commenced on 20 September 2019 when hundreds of Egyptians took the streets in Cairo, Alexandria, Damietta, Mahalla al-Kubra and Suez, among other cities.
Police responded by firing tear gas and arresting hundreds.
Media accounts indicate that nearly 500 people have been arrested, most or all arbitrarily, since the protests commenced. However, documentation by local NGOs indicates that as many as 800 people may have been arrested, apparently for “participating in a ‘terrorist group’ operation” and “distributing fake news to disturb the public opinion.”
“The Egyptian authorities must drop the charges against Mahienour al-Massry, promptly release her and immediately stop persecuting, intimidating and interfering with the work of lawyers protecting the rights of others,” said Said Benarbia, Director of ICJ’s Middle East and North Africa Programme.
Mahienour al-Massry was charged in 2013 and again in 2015 for taking part in peaceful protests, for each of which she received one year-long terms of imprisonment.
Mahienour al-Massry’s recent arrest constitutes an effective sanction that violates her right to liberty under article 9 of the International Covenant on Civil and Political Rights and UN Basic Principles on the Role of Lawyers.
It also impedes the right of her clients to legal representation under article 14 of the ICCPR.
The ICJ previously filed a submission to the Universal Periodic Review regarding arbitrary arrests and detentions and systematic use of pre-trial detention in Egypt, and documented the use of the Egyptian justice system as a repressive tool to eradicate political expression and human rights work.
“The systematic use of arbitrary arrest and detention by State authorities is one of the very reasons Egyptians took to the street in protest,” said Benarbia.
“The authorities’ response provides further evidence of the widespread violations of rights Egyptians face under the current regime,” he added.
Contact:
Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Download:
Egypt-al-Massry-News-web stories-2019-ARA (story in Arabic, PDF)
Sep 24, 2019 | News
The ICJ today called for an end to criminal proceedings against Dagir Hasavov, a prominent Russian lawyer facing prosecution on allegations of obstruction of justice.
On 17 September, less than a week after lawyer Dmitriy Sotnikov was physically attacked in court, Dagir Hasavov was detained by police in the Lefortovo court building in Moscow. He was charged with “obstruction of justice” and “bribery or coercion to testify or evasion of giving evidence” (articles 294.1 and 309.4 of the Russian Criminal Code). On 18 September, Moscow Basmanny court authorised the detention of Hasavov until 16 November.
“There are strong indications that these charges are spurious and that the arrest of Dagir Hasavov is an attempt to obstruct him in carrying out his professional duties, and to prevent his clients from having a fair trial. The proceedings should be discontinued and he should be immediately released.” said Róisín Pillay, ICJ Europe and Central Asia Programme Director. “Such arrests also send a clear message of intimidation to other lawyers. Without urgent measures to end harassment of lawyers, the ability of the legal profession to protect human rights will be increasingly jeopardized”.
Dagir Khasavov represented the former Dagestan Prime Minister Abdusamad Hamidov, who was detained together with his deputy Rayudin Yusufov by the FSB in February 2018 as part of a special anti-corruption operation and was charged with multiple criminal offences, including embezzlement.
Prosecutors allege that Dagir Hasavov threatened Albert Havchaev, a witness in the trial, and attempted to coerce him to testify in court for the benefit of the defence. Hasavov’s home was also searched.
Eduard Isetskiy, another lawyer of the former Dagestan Prime Minister, has stated that after the arrest of Hasavov he and other colleagues were told by investigators that they would face similar prosecution. He added that towards the end of a trial, about a week before the Hasavov’s arrest, the State Prosecutor on the case was replaced and the courtroom became increasingly surrounded with armed and masked security forces. The new prosecutor called lawyers “extremists” and filed a motion to have all their social networks accounts blocked.
Any criminal proceedings against the lawyer amounting to harassment or reprisals for his professional activities would constitute not only an assault on the legal profession in the Russian Federation, but also a violation of the right to a fair trial, protected under international human rights law.
Moreover, international standards on the rights of lawyers, including 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 stresses that these attacks, arrests and criminal proceedings that have been taking place in Russia lately, create a chilling effect on the proper exercise of professional duties by lawyers, endangering the right to a fair trial and undermining the justice system.
Additional information:
Dagir Hasavov is a prominent lawyer in Russia who has taken many cases dealing with allegations of religious extremism or terrorism. He has defended among others the Moscow imam Mahmud Velitov, convicted for justification of terrorism; the former representative of the President in Sakhalin oblast charged with extremism; several persons accused of participation in Hizb ut-Tahrir, the organization banned in Russia. He also represented pro bono the parents of a murdered 5-year-old Tajik girl Huvaido Tillozoda.
It has been reported that around 100 lawyers are joining together to defend Hasavov as the Russian legal community has realized the need for corporate solidarity in the face of the increasing threats to the security of lawyers and independence of the profession.