Belarus: ICJ and IBAHRI Denounce Legal Harassment on Political Grounds

Belarus: ICJ and IBAHRI Denounce Legal Harassment on Political Grounds

Joint Oral Statement

The International Bar Association’s Human Rights Institute (IBAHRI) and the International Commission of Jurists (ICJ) deplore the widespread and systematic human rights violations in Belarus. We condemn the escalating pattern of retaliation against lawyers for representing the political opposition and protesters and, upholding the rule of law.

Since 2020, over 100 lawyers have faced harassment and have been forced to flee the country. On 27 July 2023, prominent lawyer Yuliya Yurgilevich and journalist Pavel Mazheika were sentenced to six years’ imprisonment on spurious charges, including against Yurgilevich for  publicizing her disbarment and disseminating information on political prisoners .

We remain concerned at the apparent enforced disappearance of political prisoners, including Maria Kalesnikava and Viktar Babaryka, detained without access to the outside world, including lawyers.

The recent presidential decree from 4 September, restricting Belarus nationals in exile from accessing consular services, is unacceptable.  It jeopardizes the enjoyment of human rights for those exiled and their families including the right to freedom of movement, to work, health, education, and housing

We urge:

  • Belarus to immediately release all arbitrarily detained individuals, including lawyers and other political prisoners, and to ensure that all detained person have access to lawyer, doctors and family and cease their persecution, immediately withdraw the presidential decree on consular services.
  • Host States to provide all necessary assistance to protect the rights of exiled Belarus nationals and their families.

 

This statement was delivered by:

Francesca Restifo

Senior Human Rights Lawyer and UN Representative

International Bar Association’s Human Rights Institute (IBAHRI)

 

For further information please contact

Francesca Restifo, IBAHRI, francesca.restifo@int-bar.org

Sandra Epal Ratjen, ICJ, sandra.epal@icj.org

The Human Rights Situation in the Russian Federation (UN side event)

The Human Rights Situation in the Russian Federation (UN side event)

For decades within its own borders, Russian authorities have undermined and attacked independent civil society, persecuted human rights defenders, activists, lawyers, and opposition and dissenting voices, banned independent media, silenced journalists, and have effectively outlawed any form of peaceful protest.

It has never been more dangerous to be a human rights defender in contemporary Russia. This environment, at least in part, enabled the Russian authorities to launch a renewed invasion of Ukraine on 24 February 2022. At the same time as the danger has increased, protections have decreased. The judiciary is not independent and cannot provide effective protection for human rights. Victims of Russian human rights violations no longer have the ability to bring their cases before the European Court of Human Rights, and Russia has even failed to turn up to United Nations Treaty Body reviews, specifically those of the Human Rights Committee, in 2022.

Ahead of the first Interactive Dialogue by the new UN Special Rapporteur on the situation of human rights in the Russian Federation at the Human Rights Council, this in-person side event at the 54th session allows for an opportunity to discuss critical updates on the human rights situation in Russia, as well as further action to respond to Russia’s human rights crisis and to the legitimate calls for support from domestic civil society.
The panel will focus on the following key questions:

¨ What are the most pressing human rights issues in Russia today?
¨ Why should the Human Rights Council look to renew the mandate of the Special  Rapporteur during the 54th session?

Speakers

Mariana Katzarova
UN Special Rapporteur on the situation of
human rights in the Russian Federation

Violetta Fitsner
OVD-Info

Zhargal Budaev
Memorial Human Rights Defence Centre

Dmitry Gurin
European Prison Litigation Network

Closing statements                                                                                                     

Oleg Kozlovsky
Amnesty International

Damelya Aitkhozhina
Human Rights Watch

Moderator

Dave Elseroad
Human Rights House Foundation

 

 

Russian Federation: Attacks on Independent Lawyers and Erosion of Justice should stop (UN Human Rights Council Statement)

Russian Federation: Attacks on Independent Lawyers and Erosion of Justice should stop (UN Human Rights Council Statement)

Joint Oral Statement

The International Bar Association’s Human Rights Institute (IBAHRI) and the International Commission of Jurists (ICJ) condemn the widespread and escalating attacks on independent lawyers, including legal harassment, disciplinary actions, disbarments, and arbitrary criminal charges.

We deplore the abusive Foreign Agents Law, with its overbroad definition that covers any persons under “foreign influence”. The Law has been instrumentalized to violate the rights to freedom of expression, association, assembly, and public participation. Lawyers are repeatedly labelled as “foreign agents”, for exercising their human rights and performing their legitimate duties, and many had their licenses suspended.

The Ministry of Justice has listed lawyers as “foreign agents” for lawfully representing human rights defenders, including lawyers Pavlov and Vetoshkina.

Russia’s Constitutional Court has abdicated its responsibility to protect rights by summarily dismissing challenges to legislative provisions criminalizing “public actions aimed at discrediting” the Russian Armed Forces.

We are concerned that the Bar Association intends to set up an Integrated Information System of the Bar of Russia, with the legal obligation for every lawyer to be part of this system, increasing risks of digital surveillance, breach of lawyer-client confidentiality and further harassment.

The repressive legislation in Russia leaves few domestic options to seek justice. It is imperative to maintain rigorous monitoring. We therefore urge this Council to renew the mandate of the Special Rapporteur and ensure additional resources necessary to fulfil its role.

This statement was delivered by:

Francesca Restifo, Senior Human Rights Lawyer and UN Representative

International Bar Association’s Human Rights Institute (IBAHRI)

For further information please contact:

Francesca Restifo, IBAHRI, francesca.restifo@int-bar.org

Sandra Epal Ratjen, ICJ, sandra.epal@icj.org

 

 

 

 

 

 

 

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