Mar 19, 2021 | News
The ICJ called today on the Turkish authorities to immediately release human rights defender and lawyer Öztürk Türkdoğan, who was arrested this morning after an unlawful search of his home. The charges against him, if any, are unkown and he is currently being held without access to his lawyer.
Öztürk Türkdoğan is the chair of the Human Rights Association and a lawyer and member of the Ankara Bar Association.
“The arrest and search of Öztürk Türkdoğan’s continues a systematic pattern of misuse of the criminal law to harass and persecute human rights defenders and lawyers in Turkey in recent years,” said Roisin Pillay, ICJ’s Europe and Central Asia Programme Director. “Öztürk Türkdoğan must be released immediately. If he remains in detention then he must be ensured immediate and confidential access to a lawyer, and be informed of the nature of any charges against him and brought promptly before a court.”
The arrest occurred during a search of Öztürk Türkdoğan’s home without the presence of a lawyer, which is in direct contravention of Turkish criminal procedural law.
While no information has been made available on the charges against Öztürk Türkdoğan, he is currently being detained without access to a lawyer for 24 hours, which indicates that the charges are likely related to terrorism or to offences against the State. These offences, contrary to obligations under international human rights law, are vaguely and broadly defined and have been long used and abused by prosecutors in Turkey to suppress human rights defenders, lawyers and political opponents.
Under international human rights law, anyone arrested has a right to prompt and confidential access to a lawyer, and to information on the charges against them. Arrests and searches of homes must not be arbitrary and must be carried out in compliance with international standards and national laws and procedures.
“Hundreds of lawyers, judges and prosecutors have been improperly arrested, harassed and detained in the past few years by Turkish authorities ” said Roisin Pillay. “Using the criminal justice system in this way is contrary to the most fundamental principles of the rule of law.”
Background
Systematic violations of human rights in investigation and prosecution of counter-terrorism offences in Turkey have also been documented by the UN Special Rapporteur on the promotion and protection of human rights while countering terrorism, the UN Special Rapporteur on the situation of human rights defenders, the UN Special Rapporteur on the independence of judges and lawyers, theWorking Group on Arbitrary Detention, the Special Rapporteur on the rights to freedom of peaceful assembly and of association and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, and the Commissioner for Human Rights of the Council of Europe.
The ICJ has extensively documented these violations:
Mar 9, 2021 | News
Tunisian authorities must respect the rights to freedom of expression, association and peaceful assembly, and stop the systematic targeting of protesters, lawyers and civil society activists, said the ICJ today.
البيان الصحفي باللغة العربية مرفق أدناه
Since the outbreak of social justice protests on 15 January 2021, Tunisian security forces have systematically targeted protesters, including minors, lawyers and civil society activists.
Over the last weeks, reports of abuses at the hands of the Tunisian security forces have included: hundreds of arbitrary arrests; deaths in custody in disputed circumstances; physical assaults; rape and death threats; and refusing detainees access to legal counsel. While to date more than half of the people arrested since the beginning of the protests have been released, only a few prosecutions arising from the security forces’ systematic campaign of arrests have taken place, and hundreds of people are still in custody awaiting to be brought before a judge. According to the information available to the ICJ, individuals are being prosecuted under different charges, including “insulting the police” and “abuse of morals”.
“The systematic targeting of peaceful protesters and the other abuses that we have witnessed in recent weeks are clear instances of the wider impunity that Tunisian security forces have continued to enjoy over decades,” said Said Benarbia, the ICJ’s MENA Programme Director
“The Tunisian authorities should immediately halt these practices by reforming the country’s security legislation and open independent and impartial investigations into these abuses.”
To date, Tunisia has failed to adopt a comprehensive reform of its security legislation in line with the Constitution and the country’s obligations under international human rights law and standards.
As reported on multiple occasions, investigations into reports of human rights violations by Tunisian security forces have rarely led to successful prosecutions of perpetrators in the past. Moreover, while since 2018 prosecutions arising from police abuses committed under the previous regime have started before the Specialized Criminal Chambers, numerous obstacles continue to affect the progress of trials, and no verdict has been delivered to date.
“It is time for the Tunisian authorities to abide by the Constitution and international human rights law and standards and commit to a complete end to the security forces’ oppressive practices,” Benarbia added.
“Only by undertaking a full review of Tunisia’s security laws and bringing perpetrators of human rights violations to justice will the country be able to break this cycle of abuses and ensure full respect for fundamental freedoms and human rights.”
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Valentina Cadelo, Legal Adviser, ICJ Middle East and North Africa Programme, e: valentina.cadelo(a)icj.org
Asser Khattab, Research and Communications’ Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org
Download
Press release in English and Arabic.
Mar 9, 2021 | Advocacy, Non-legal submissions
Today, the ICJ joined an oral statement at the UN Human Rights Council denouncing attacks on lawyers occurring in Iran.
The statement was delivered by IBAHRI on behalf also of ICJ, Lawyers for Lawyers, Lawyers’ Rights Watch Canada and The Law Society, during the interactive dialogue with the UN Special Rapporteur on the ISlamic Republic of Iran.
The statement reads as follows:
“The International Bar Association’s Human Rights Institute (the IBAHRI), the International Commission of Jurists (the ICJ), Lawyers for Lawyers, Lawyers’ Rights Watch Canada, and The Law Society express deep concerns at the arbitrary arrests and detention of lawyers and others sentenced to exorbitant prison terms for legitimately carrying out their professional activities. We draw special attention to the cases of lawyers Nasrin Sotoudeh and Amirsalar Davoodi, who remain imprisoned and were excluded from Covid-19 prisoner release programmes.
Their imprisonment means that access to justice for citizens in Iran is restricted. We are alarmed by the widespread violation of fair trial guarantees, including the denial of access to a lawyer of one’s own choosing, as well as the recent application of the death penalty in Iran. We also condemn Iran’s non-compliance with international standards on conditions of detention and reports of torture of those critical of the regime.
We urge the Iranian authorities to:
- Immediately and unconditionally release Nasrin Sotoudeh, Amirsalar Davoodi and other lawyers who remain in prison after conviction in an unfair trial;
- Pending release, ensure compliance with international standards on conditions of detention;
- Ensure that lawyers and others can carry out their profession free from undue interference, including judicial harassment;
- Establish an immediate moratorium on the death penalty, pending abolishment; and
- Comply with its international legal obligations in respecting, guaranteeing, and protecting human rights.”
Find the statement here: Iran-UN-JointStatement-Lawyers-Advocacy-NonLegal-HRC46-2021-ENG
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
Feb 17, 2021 | News, Non-legal submissions
In a joint letter to the President of the Lawyers Council of Thailand, the ICJ and Lawyers for Lawyers raised concerns on the disbarment proceeding against Mr. Anon Nampha, a lawyer and human rights defender. The organisations believe that the proceedings unduly interfere in his work as a lawyer and serves to impair the exercise of his human rights, including the right to freedom of expression.
Dear President of the Lawyers Council of Thailand,
Re: Disbarment Proceedings Against Mr. Anon Nampha
Lawyers for Lawyers is an independent and non-political foundation that seeks to promote the proper functioning of the rule of law by pursuing freedom and independence of the legal profession.
International Commission of Jurists (ICJ), a global non-governmental organization composed of 60 eminent judges and lawyers, works to advance understanding and respect for rule of law as well as the legal protection of human rights throughout the world.
We write to your office concerning the disbarment proceeding against Mr. Anon Nampha, a lawyer and human rights defender, that is taking place before the Investigative Committee that was established by the Committee on Professional Ethics of the Lawyers Council of Thailand during the Meeting No. 1/2564 on 13 January 2021. We are concerned that the proceeding unduly interferes in his work as lawyer, including in representation of clients, and serves to impair the exercise of his human rights, including the right to freedom of expression.
According to our information, we understand that the proceeding against lawyer Anon Nampha is related to a complaint motion filed to the Lawyers Council of Thailand on 7 August 2020 by Mr. Aphiwat Khanthong, Assistant Minister in the Office of the Prime Minister, claiming to be acting in his capacity as a private attorney at Or Amporn Na Takua Tung and Friends Law Office. Mr. Aphiwat Khanthong alleged that lawyer Anon Nampha’s behaviour violated the Lawyers Council of Thailand’s disciplinary rules as, he claims, it would “incite, intend to cause unrest, distort information and insult on the monarchy”. The alleged speech in question apparently called for reform of the monarchy, during a Harry Potter-themed protest at the Democracy Monument on Ratchadamnoen Avenue on 3 August 2020.
Under international law and standards, lawyers, like other individuals, enjoy the right to freedom of expression, belief, association and assembly. A lawyer should be able to draw the public’s attention to issues relating to public affairs in their official capacity as well as in their private capacity. Suspensions or revocations of lawyer licenses as a result of exercise of their legitimate rights and freedoms do not only impact on the exercise of the rights of the lawyers, but also on the rights of their clients to be represented by the lawyer of their choosing.
Download the full letter in English and Thai.
Jan 26, 2021 | News
Lawyers for Lawyers (L4L) and the ICJ condemn the spurious charges under the Anti-Money Laundering brought against Ugandan lawyer and human rights defender Nicholas Opiyo and call for them to be dropped.
The organizations consider that this action stands to impede work of lawyers in the country of carrying out their professional functions, particularly regarding human rights work.
There do not appear to be legitimate grounds for these charges or the ongoing prosecution. The organizations are further concerned at numerous alleged violations surrounding the arrest, detention and pre-trial proceedings.
Nicholas Opiyo, Executive Director of Chapter Four Uganda, a civil rights charity working to defend human rights and civil liberties, was arbitrarily arrested on 22 December 2020, not informed of the reason for his arrest and effectively held in incommunicado detention for a prolonged period.
On 22 December 2020, plain clothed law enforcement officers who did not identify themselves seized Mr. Opiyo from a restaurant, along with four other individuals, including three lawyers.
He was later charged under section 3 (c) of the Anti-Money Laundering Act on allegations that he acquired USD 340,000 through the bank account of Chapter Four Uganda, knowing that “the said funds were proceeds of crime”.
Chapter Four Uganda have confirmed that these are legitimate donor funds for lawful purposes.
Sophie de Graaf, the Director of Lawyers for Lawyers, said:
“Lawyers play a vital role in the protection of the rule of law and human rights. It is the responsibility of lawyers to protect and establish the rights of citizens from whatever quarter they may be threatened. Their work is indispensable for ensuring effective access to justice for all. To fulfil their professional duties effectively, lawyers should be able to practice law freely and independently, without any fear of reprisal.”
Kaajal Ramjathan-Keogh, ICJ’s Africa Director, added:
“Uganda is required under its Constitution and under its international legal obligations, to respect and protect the independence of lawyers. These baseless charges seek to intimidate and harass Mr. Opiyo and interfere with his work as a lawyer”.
Lawyers for Lawyers and the ICJ call on the Ugandan authorities to drop the spurious charges against Mr. Opiyo and to ensure that his rights to due process and fair trial are fully respected.
The organizations emphasize that the responsibilities authorities must comply with Uganda’s international legal obligations to ensure that members of the legal profession can carry out their professional functions without harassment and improper interference, including arbitrary arrest and incommunicado detention.
Background
Article 23 of Uganda’s Constitution stipulates that suspects under detention should be brought before a court of law within 48 hours from the time of arrest. Article 27 of Uganda’s Constitution requires that a person charged with a criminal offence should be informed immediately of the charges against them. Article 28 of the Ugandan Constitution guarantees for every person the right to a fair hearing and the right to legal representation. These rights are protected under the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples Rights, to which Uganda is a party.
International and regional standards on ensuring the independence of lawyers are set out in the UN Basic Principles on the Role of Lawyers (UN Basic Principles) and the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa.
Contact:
Kaajal Ramjathan-Keogh, ICJ Africa Director Kaajal.Keogh(a)icj.org +27 84 5148039
Tanveer Jeewa, Media and Legal Consultant Tanveer.Jeewa(a)icj.org
