May 24, 2019 | News
Following the decision of the Petropavlovsk Court to disbar Sergey Sizintsev the former Executive Director of the National Bar Association, the ICJ reiterates its concerns at the unjustified proceedings against him.
The ICJ calls on the relevant authorities to revise the decision to disbar Sizintsev, which is not issued in accordance with the law and may constitute retaliation for his open criticism of the problematic reform of the legal profession in Kazakhstan.
On 21 May, the Petropavlovsk City Court No. 2, in a hearing chaired by judge Larisa Krukova, approved the application of the Ministry of Justice of the Republic of Kazakhstan to revoke Sergey Sizintsev’s license to practice law.
The formal reason for the disbarment was that the lawyer practiced law while being the Executive Director of the Republican Bar Association from 2016 to 2018.
According to the complaint of the Ministry of justice, a member of the Bar Association was prohibited from “occupying a position in the public service or engaging in business activities or holding any other paid position” in accordance with article 33.11 of the “Law on Advocates Activity and Legal Aid”.
Sizintsev argued that the Ministry of Justice incorrectly interpreted the notion of “another paid position”, since the second sentence of the same article states that “A lawyer has the right to be elected to a paid elected or appointed position in the Bar Association, the Republican Bar Association and international public associations of lawyers”.
Also, the lawyer stated that he had previously addressed a request to the Ministry of justice asking about possibility of holding a position in the Bar Association and working as an advocate and the Ministry of justice in its official response stated that “Lawyers occupying elective or appointed posts in the territorial or Republican bar associations are not obliged to take any action to terminate their license to engage in advocacy, unless there are other grounds provided by law”.
It was also answered, “that in this connection, for the indicated reasons, the validity of the license for the right to engage in advocacy activity should not been suspended”. In addition, the Ministry of Justice previously voiced a similar position on its official web-portal in response to a request from another user.
The ICJ has previously raised concerns that pressure on Sizintsev and other lawyers started after they had actively advocated against the law “On Advocates Activity and Legal Aid”, which attempted to interfere with the independence of the legal profession.
In that regard, the ICJ reiterates that according to the UN Basic Principles on the Role of Lawyers, lawyers like other citizens are entitled to freedom of expression, belief, association and assembly.
In particular, they have the right to take part in public discussion on matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. (Principle 23).
In cases of disciplinary action against lawyers, international standards provide that “[a]ll disciplinary proceedings shall be determined in accordance with the code of professional conduct and other recognised standards and ethics of the legal profession and in the light of [the UN Basic Principles on the Role of Lawyers]” (Principle29).
Therefore, the ICJ calls for the case to be reconsidered on appeal in accordance with the clear terms of Article 33.11 of the Law on Advocates Activity and Legal Aid, and in light of the rights of lawyers to exercise their freedom of expression and association including through participation in organisations of lawyers and through criticism of legislation affecting the profession.
The ICJ further calls on the Ministry of Justice to end pressure on the active members of the Bar Association for legitimate exercise of their rights and duties as lawyers in accordance with the national legislation and international human rights standards and law.
May 20, 2019 | News
The ICJ, the Geneva Bar Association and the Geneva legal community have joined forces to launch the ICJ-Geneva Lawyers International Cooperation Initiative. Under the Initiative, Geneva lawyers will join ICJ missions on the five continents to support the independence and integrity of lawyers and judges at risk, and to promote the Rule of Law.
The Initiative launches with a mission tomorrow, May 21st. A lawyer from the Geneva Bar Association will go to Guatemala to work the ICJ team and lawyers investigating and fighting the forced displacement of the indigenous community of La Laguna de El Petén.
Missions under the initiative will typically involve, among other things:
– Trial observations;
– Fact-finding missions;
– Support for the independence of lawyers and bar associations;
– Capacity building and training activities;
– Expertise and academic support.
Since its founding in 1952, the ICJ has played a unique and preeminent role as a non-governmental organization for the defense of the Rule of Law around the world, and the independence of judges and lawyers.
With the presence of its headquarters in Geneva for more than 60 years, through the Initiative the ICJ is further deepening its special bond with the city, to spread and share the spirit of Geneva.
“International support and solidarity are crucial to the work of lawyers defending the human rights of those who are often marginalized from power,” said Michaël Sombart, Director of Strategic Partnerships of the ICJ. “With this project the ICJ can help lawyers around the world benefit from the reputation and high standing of the Swiss legal community and bring the message of the Genève humanitaire beyond borders.”
“This initiative is welcome and we support it with commitment,” said Sandrine Giroud, member of the Geneva Bar Council and Chair of its Human Rights Commission. “The Rule of Law is under attack around the world and lawyers play a vital role in its defense and the impartiality of justice. Our support for the ICJ-Geneva Lawyers International Cooperation Initiative is in line with the lawyer’s mission as a bulwark against the arbitrariness and the defense advocacy tradition of the Geneva Bar Association. We welcome this collaboration, which is part of the fight for justice and respect for fundamental rights and guarantees. ”
Nicolas Gürtner, First Secretary of the Young Bar Association of the Geneva Bar Association, said: “This project offers a remarkable opportunity for young lawyers to work alongside the jurists of international repute of the ICJ in favour of the guarantee of Rule of Law.”
The Steering Committee for the Initiative includes:
– The ICJ;
– For the Geneva Bar Association: the Commission on Human Rights and the Young Bar Association;
– Representatives of the Geneva judicial and academic world, including Professor Robert Roth, former President of the Court of Cassation, former director of the Geneva Academy, Professor Emeritus of the University of Geneva
Contact :
Michaël W. Sombart, ICJ, Director of Strategic Partnerships, t: +41 22 979 38 31 ; m: +41 77 965 98 45 ; e: michael.sombart(a)icj.org
May 8, 2019 | News
The recommendations published today follow the Conference on the Independence of the Legal profession held by the International Commission of Jurists (ICJ), the Council of Europe (CoE) Office in Baku and the Azerbaijan Bar Association (ABA) in Baku, on 15-16 November 2018.
The Conference created much-needed space for a dialogue on the issue of independence of lawyers in Azerbaijan with both national and international stakeholders, as lawyers from Azerbaijan, Georgia, Kazakhstan, the Netherlands, the Russian Federation, Switzerland, Turkey, Ukraine, the United Kingdom and Uzbekistan shared their experiences and good practices in addressing challenges to the independence of lawyers. Drawing on the discussions at the Conference, and taking into account key findings of the ICJ report of 2016 “Defenceless Defenders: Systemic Problems in the Legal Profession of Azerbaijan” as well as more recent legislative and administrative developments, the ICJ makes recommendations aimed at strengthening the role and independence of lawyers and improving access to justice in Azerbaijan. The recommendations are informed by international law and standards on the role of lawyers and cover four main aspects: adequacy of the number of lawyers to ensure access to justice; the examination procedure for qualification as a lawyer; professional ethics of lawyers and disciplinary proceedings against lawyers.
Click to read the recommendations
May 4, 2019 | News
The ICJ concluded a research mission on the independence of the judiciary in Tajikistan on 3 May. Following the mission, the ICJ expressed concerns about the independence of individual judges as well as the functioning of judicial institutions and procedures in law and in practice.
The mission included ICJ Commissioner Justice (ret.) Martine Comte of the Orleans Court of Appeal (France) and ICJ Secretary General Saman Zia-Zarifi.
The ICJ spoke with a wide cross-section of stakeholders, including senior government officials, numerous former judges, senior advocates and working lawyers, as well as journalists and members of civil society. The ICJ will provide its findings in a final mission report that will set out include key recommendations to help Tajikistan meet its international obligations.
Among other things, the ICJ mission discussed recent initiatives to reform the judiciary, including the Judicial Reform Programme of 2019-2021 which has been recently been adopted by the President of Tajikistan, and which provides an opportunity to strengthen judicial independence.
The ICJ mission gathered information about the newly formed Qualification Commission for qualification and disciplinary procedures for judges. This replaced the Council of Justice, which had been criticized by international observers for its lack of independence.
Although formally established under the Supreme Court, the Qualification Commission consists predominantly of members of the executive with only two out of seven members being representatives of the judiciary.
Multiple lawyers and former judges expressed serious concerns about the right to a fair trial in criminal proceedings, pointing in particular to the extremely low acquittal rate for suspects. It appears that numbers of acquittals have declined over several decades and that acquittals are now extremely rare.
The ICJ also received complaints that pubic access to court hearings is impeded in practice despite clear legal provision for the public nature of court proceedings, with limited exceptions. Members of the public were said to be generally unable to attend court hearings freely where they are not parties to the proceedings.
Furthermore, the ICJ heard that judicial decisions are generally not available to members of the public unless they are participants in the proceedings.
The ICJ wishes to express its gratitude to everyone who contributed to the successful conduct of the mission, including State, inter-State and non-State organisations and bodies which the ICJ met and communicated with.
The ICJ wishes to stress its appreciation of the support provided by the OSCE Office in Dushanbe and the United Nationals Human Rights Office.
Apr 12, 2019 | News
Today, the ICJ expressed concern at the criminal proceedings against Andriy Domanskyi, a lawyer practicing in Ukraine, known for representing individuals facing political prosecution and defending journalists.
The ICJ has called on the Ukrainian authorities to drop any criminal proceedings which may result from the identification of the lawyer with his clients and to ensure that the lawyer’s rights are protected and that he can continue to carry out his professional activity without improper interference, intimidation or threat.
On 5 April Domanskyi was issued a note of suspicion in a criminal proceeding reportedly initiated in 2013 concerning the “privatization of municipal premises”.
Criminal proceedings were initiated one day after the commencement on 4 April of a trial of his client Kirill Vyshynskyi, Chief Editor of RIA Novosti Ukraine recently changed with high treason and a number of other crimes.
Domanskyi considers these criminal proceedings against him are linked with his professional activity and are a means of putting pressure on him as a result of work on this high-profile case.
Earlier this year, on 17 January, while Domanskyi represented Vyshynskyi in a court hearing on the lawfulness of his arrest in Kherson, the lawyer’s home, office premises and his assistant’s relatives’ premises in Kyiv were searched by the officers of the General Prosecutor’s Office.
This took place only a few days after the Security Service of Ukraine (SBU) publicly announced that the investigation regarding Vyshynskyi had been terminated.
While these searches were sanctioned by the court, another search was conducted on the same day and was sanctioned by an investigator rather than the Prosecutor General or his Deputy or the Prosecutor of Kyiv City, as provided by the Law of Ukraine “On advokatura and advocates’ activity”.
The lawyer connected these searches to the fact that at that time he repeatedly filed motions to release Vyshynskyi on bail, with himself acting as a guarantor on the bail.
Any criminal proceedings against the lawyer amounting to harassment or reprisals for his professional activities would be highly problematic.
In recent years, the ICJ has witnessed an alarming increase in the number of cases of interference with the work of lawyers, including use of legal proceedings, threats or physical attacks on lawyers in Ukraine.
As was confirmed during an ICJ mission carried out only last month, searches of lawyers’ premises are often performed without due respect to procedures prescribed by law and result in undermining the independent work of lawyers and respect of procedural rights guarantees under national and international law.
Principle 18 of the UN Basic Principles on the Role of Lawyers states that, “lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.”
As affirmed by the Basic Principles, 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.”
“Investigative and other law enforcement authorities in Ukraine must stop harassment of lawyers, including by improperly associating them with their clients or their clients’ causes, and carrying out searches of lawyers’ offices and documents in violation of national law and procedure as well as international human rights standards,” said Temur Shakirov, ICJ Senior Legal Adviser.
“In this regard, the ICJ stresses that this troubling pattern of attacks affects not only individual lawyers but also the legal professional as a whole. The Ukrainian authorities should take prompt and effective measures to ensure that lawyers are not identified with their clients or their client’s causes and that the safety and independence of lawyers is guaranteed in law and in practice,” he added.
Additional information:
On 4-8 March, the ICJ carried out a research mission to Ukraine on the independence and security of lawyers. Following the mission, the ICJ called on the Ukrainian authorities to take urgent steps to ensure the physical safety of lawyers and to bring to justice those responsible for a series of violent attacks against them.
Ukraine-Domansky statement-Advocacy-2019-UKR (story in Ukrainian, PDF)
