Jun 13, 2019 | News
Today, the ICJ called on the authorities in Tajikistan to immediately release a prominent lawyer who is currently serving a sentence of imprisonment of 28 years on dubious charges.
The UN Working Group on Arbitrary Detention (WGAD) published a decision in Mr Yorov’s case on (date), finding that “the trials of Mr. Yorov were carried out in total disregard for the guarantees encapsulated in article 14 of the Covenant, being of such gravity as to give the deprivation of liberty of Mr Yorov an arbitrary character […].”
The Working Group recommended that the government remedy the situation of Yorov without delay and to this end “release Mr. Yorov immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law”.
The ICJ has previously expressed concern that Buzurgmehr Yorov’s conviction may constitute a reprisal for his defense work in high-profile political trials in connection with his representation of thirteen leaders of the Islamic Renaissance Party of Tajikistan (IRPT).
The ICJ earlier expressed concerns at the conviction of the lawyer to a 28 year sentence in prison, which is based on clearly improper charges related to the defense of his clients.
The ICJ welcomes the decision of the WGAD and calls on the Tajikistan authorities to fully implement the decision and to take all necessary measures to protect lawyer Yorov, his family and his lawyers against any threats to their security, or any intimidation, hindrance, harassment or improper interference with their performance of their professional functions as lawyers.
In this regard, the ICJ notes recent protests by dozens of individuals who took part in a rally against Yorov in front of the representative offices of the United Nations and the European Union in Tajikistan, soon after the decision of the WGAD.
Posters of the demonstrators called on the UN High Commissioner of Human Rights to “take her hands off Tajikistan” and named organisations that had defended Mr Yorov or brought the petition on behalf of Yorov to the UN WGAD.
In this context, it is imperative that the Tajikistan government immediately publicly affirm the legitimacy of the decision of the WGAD and make clear its commitment to complying with it, the ICJ underlined.
Background
Buzurgmekhr Yorov was arrested two years ago on 28 September 2015, on charges of “fraud” and “forgery of documents.” Later, he was accused of violating three more articles of the Criminal Code, including in relation to alleged “public calls for extremist activity.”
On 6 October 2016, The Dushanbe City Court sentenced Yorov to 23 years imprisonment in a strict regime prison.
In March 2017, Yorov was sentenced to an additional two years’ deprivation of liberty for “contempt of court and insulting the representative of power.” In August 2017, he received a further three years sentence on charges of “insulting the president.”
The ICJ has, on a number of occasions, expressed its serious concerns over the arrest and conviction of Buzurgmehr Yorov and other lawyers in Tajikistan.
On 24 May 2019, the UN Working Group on Arbitrary Detention, a group of independent experts established in 1991 whose members are appointed by the UN Human Rights Council, published an Opinion finding a number of violations of human rights of Yorov protected under the International Covenant on Civil and Political Rights and recommended as a remedy his immediate release, payment of compensation or other reparation and conducting an investigation into the violation of Yorov’s rights.
The UN Basic Principles on the Role of Lawyers require that the Governments ensure that lawyers “are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference ”. Under these Principles “where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.” The right to “offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms” is guaranteed by the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (Article 9.3(c)).
Jun 12, 2019 | News
The ICJ today expressed concern at recent developments in Moldova, which are effectively paralyzing governance in the country.
During the past week, the Constitutional Court has ordered the dissolution of Parliament, suspended its functioning and invalidated its subsequent acts, including the appointment of a government and speaker, and has triggered the removal of the President.
The ICJ is particularly concerned at the excessively swift procedure through which the Constitutional Court reached its decisions to dissolve Parliament, remove a sitting President of the Republic and replace him with the Prime Minister. The ICJ calls attention to the unhelpful timing of the Constitutional Court ruling that was issued on the very day it identified as the end of the Parliamentary term, depriving Parliament of the clarity needed to exercise its powers.
These developments occur against the background of the manifest deficiencies in the institutional independence of the Moldova judiciary which were documented in a recent ICJ report.
In the report issued in March 2019, the ICJ highlighted the problematic appointment in 2018 of three judges of the Constitutional Court in circumstances that did not ensure a sufficient level of transparency, during an electoral campaign and without an open competition process. The report noted that the three appointed judges have previously been Prosecutor General, director of the intelligence service and chair of the legal committee of Parliament, part of the then ruling political majority.
The ICJ welcomes the announcement by the Secretary General of the Council of Europe that the Venice Commission has been asked to issue an urgent opinion on the constitutional crisis.
“The rule of law is the common ground on which constitutional conflicts must be solved”, said Massimo Frigo, Senior Legal Adviser of the Europe Programme of the ICJ. “We call on all institutions and parties in Moldova to seek a solution that squarely complies with the rule of law and the international law and standards to which Moldova has subscribed. In this regard, we urge all parties concerned to wait for the opinion by the Council of Europe Venice Commission in this matter and to reconsider the situation in light of its findings.”
Background
The Constitutional Court, in decisions issued on 7, 8 and 9 June 2019, held that Parliament should be dissolved for having been unable to establish a government within three months of the end of the previous Government’s term of office.
The decisions triggered the removal from office of the President of the Republic, Igor Dodon, for having refused to dissolve Parliament. This led to the interim appointment of Pavel Filip, as acting President of the Republic.
The Court also declared unconstitutional and void any act issued by Parliament after 7 June.
Neither Parliament nor President Dodon have accepted the decisions of the Constitutional Court on their removal or on the validity of their acts, nor do they consider as legitimate the appointment of Pavel Filip as acting President.
Parliamentary factions constituting the current majority in Parliament had reached a deal to form a coalition government and appointed a speaker and Prime Minister.
According to the Constitutional Court’s interpretation of article 85 of the Constitution, these agreements failed to respect the three-month deadline.
Others have put forward different interpretations of when the deadline of the three months period to appoint a Government would elapse, and of the obligation of the President of the Republic to dissolve Parliament.
Article 85 of the Constitution states:
(1) In the event of impossibility to form the Government or in case of blocking up the procedure of adopting the laws for a period of three months, the President of the Republic of Moldova, following consultations with parliamentary fractions, may dissolve the Parliament.
(2) The Parliament may be dissolved, if it has not accepted the vote of confidence for setting up of the new Government within 45 days following the first request and only upon declining at least two requests of investiture.
(3) The Parliament may be dissolved only once in the course of one year.
(4) The Parliament may not be dissolved within the last six months of the term of office of the President of the Republic of Moldova nor during a state of emergency, martial law or war.
Contact:
Massimo Frigo, ICJ Senior Legal Adviser: t: +41 22 979 3805; e: massimo.frigo(a)icj.org
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
