Sep 21, 2020 | Advocacy, Non-legal submissions
At the interactive dialogue with the Working Group on Enforced and Involunatary Disapparances during the UN Human Rights Council in Geneva, the ICJ has called on Tajikistan and Turkey to comply with the recommendations by the Working Group and to end practices of abduction and forced return.
The Chair of the Working Group on Enforced and Involuntary Disapperances in his replies to the questions pressed Turkey to implement the recommendations of the Working Group’s report.
The oral statement read as follows:
Mr Vice-President
The International Commission of Jurists (ICJ) welcomes the report by the Working Group on the follow up of its recommendations on its visit to Turkey (A/HRC/45/13/Add.4) and shares its concerns at the lack of implementation by the Turkish authorities and at the State-sponsored practice of “abductions and forced returns” (para 8). The ICJ agrees with the Working Group that a critical factor that fosters impunity in Turkey is “the lack of judicial independence and impartiality” (para 17).
The ICJ also welcomes the Working Group’s report on Tajikistan (A/HRC/45/13/Add.1). The ICJ shares its concern at the forcible return of Tajikistan nationals to the country, involving enforced disappearances (para 53), the harassment of lawyers (para 9) including the lengthy imprisonment of Buzurgmehr Yorov and Nuriddin Makhkamov, the obstruction of lawyers’ access to detainees, and inadequate judicial review of detention (para 47).
The ICJ urges both countries to fully implement the recommendations of the Working Group and particularly:
- on Tajikistan, to end forced return of their nationals, and to ensure prompt and confidential access to lawyers for detainees and prompt and independent judicial review of detention.
- on Turkey, to stop all practices of abduction and forced return from other countries and to restore the independence of its judiciary.
Sep 18, 2020 | Advocacy, Non-legal submissions
At a special session of the UN Human Rights Council in Geneva, the ICJ and IBAHRI have called on Belarus to comply with its international human rights obligations, including by releasing those arbitrarily detained and ceasing abusive prosecutions as well as harassment of lawyers.
The oral statement read as follows:
“Madame President,
The International Commission of Jurists (ICJ) and the International Bar Association’s Human Rights Institute (IBAHRI) are concerned at the continuing human rights violations in Belarus following the Presidential election. Widespread arbitrary arrests, police violence against peaceful protesters, torture and other ill-treatment of detainees and allegations of enforced disappearances, violate Belarus’s international law obligations, and require accountability.
Our organizations are particularly concerned about reports that these violations are accompanied by widespread denial of detainees’ access to a lawyer. Lawyers face harassment and obstacles in carrying out their professional duties.
We highlight the recent arrests and detention of two prominent lawyers, Ilya Salei and Maxim Znak, on politically motivated charges on 9 September 2020. According to official information, the lawyers are charged with the crime of “calls for actions aimed at causing harm to the national security of the Republic of Belarus”.
We urge the Council to call on Belarus to:
- comply with its international human rights obligations, including by releasing those arbitrarily detained and ceasing abusive prosecutions;
- provide detainees with confidential access to lawyers of their choice;
- end harassment of lawyers and ensure accountability and reparations for those whose human rights have been violated; and
- request OHCHR to monitor and report to the Human Rights Council on the human rights situations in Belarus.
Thank you”
Sep 17, 2020 | Events, News
The ICJ in cooperation with the Ukraine National Bar Association will hold an online roundtable discussion “Security of lawyers and state of legal profession in Ukraine”.
The event of 18 September 2020 will assemble leading legal experts and practitioners from Ukraine and other countries who will discuss the state of the legal profession in Ukraine in light of the international standards on the role and independence of lawyers, and national legislation and practice. The discussion will center around the challenges to security of lawyers, especially where they protect human rights, as well as the institutional independence and self-governance of legal profession in Ukraine.
The round table follows an ICJ mission report, Between the Rock and the Anvil: Lawyers under Attack in Ukraine, that documents and analyses the state of the independence of the legal profession in Ukraine and risks that lawyers face in their work in defence of their clients.
The event is open for participation upon online registration. Please contact Leyla Madatli at Leyla.Madatli@icj.org.
The working languages of the event is Ukrainian, Russian and English. The roundtable will continue from 10.00 to 14.00 Ukraine time (CET 9.00-13.00).
Agenda in English.
Sep 14, 2020 | News
Today, the ICJ called on Turkmenistan to comply with its international legal obligations to release detained lawyer Pygamberdy Allaberdyev, who is alleged to be arbitrarily detained, or to charge him with a cognizable crime consistent with international human rights law.
Allaberdyev, who has been denied access to his lawyer, should be provided access to the lawyer hired by his family and should have access to family members. He should be sufficiently informed about any charges against him which justify his arrest and should be provided with medication, food and other necessities which may be necessary to protect his right to life and health.
According to the Russian-based Memorial Human Rights Centre, on 5 September at about 7 pm, Pybamberdy Allaberdyev and another person were leaving a grocery store, when an unknown young man unexpectedly approached began a verbal skirmish, then grabbed Allaberdiev by the collar. Almost immediately, police officers appeared and the attacker pointed to the lawyer as the instigator of the conflict, after which he left. This conflict is believed to be staged as a justification to detain the lawyer.
Allaberdiev was taken to the police station, where the attacker came with a bandaged hand 20 minutes later. Soon after, Ministry of National Security officers from Ashgabat came to the police station, and accused Allaberdiyev of having links with activists of the Turkmenistan protest movement based abroad. He was interrogated without a lawyer and his house was searched. Family members have sought to provide him with needed medicine and food, but were said to have been prevented by the authorities from doing so.
On 8 September, the Prosecutor’s Office issued an arrest warrant against Allaberdyev. He is charged with crimes under Article 108 (intentional harm to health of moderate severity) and 279 (hooliganism) of the Criminal Code of Turkmenistan. Allberdyev never appeared before the court, as it is the Prosecutor’s Office which authorizes arrest warrants in Turkmenistan, a practice which is contrary to Article 9(3) of the International Covenant on Civil and Political Rights (ICCPR), to which Turkmenistan is a party.
The arrest of Pybamberdy Allaberdyev is suspected to be related to his alleged links or discussions with Turkmen activists living outside Turkmenistan who protested against upcoming constitutional amendments. The ICJ is concerned that these charges are arbitrary and in violation of his rights to freedom of association and freedom of expression, protected under the ICCPR, to which Turkmenistan is a party.
The ICJ recalls that, under 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 shall have the right to take part in public discussion of 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).
Under the ICCPR, Turkmenistan is also bound to respect the rights to liberty and to fair trial. Under Article 9(3) of the ICCPR, anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. A Prosecutor, as representative for a party to the case, cannot be such an officer.
In this connection, the ICJ stresses that the right of access to qualified legal representation is crucial for the protection of the human rights of those arrested.
Background:
The Republic of Turkmenistan acceded to the International Covenant on Civil and Political Rights in 1997.
On 19 August 2020, the Constitutional Commission for the development and consolidation of proposals in connection with the introduction of amendments and additions to the Constitution of Turkmenistan completed work on draft amendments to the Constitution. Under the draft amendments, a bicameral parliament, the National Council, would be established, with Khalk Maslakhaty (People’s Council) and the Mejlis (Assembly) being its higher and lower chambers respectively. Under the new amendments, former Presidents of Turkmenistan acquire membership in Khalk Maslakhaty for life.
On 7 September 2020, the Moscow-based Memorial Human Rights Center and the Turkmen Helsinki Foundation issued a statement about the detention of Pygamberdy Allaberdyev, a lawyer at a State oil company, by the police.
On August 2020, a number of Turkmen activists based abroad organized protests against the constitutional amendments and the lack of response of the State to the COVID-19 pandemic in Turkmenistan.
Sep 14, 2020 | News
The ICJ expressed today its deep concern at the arrest order of some 60 lawyers in Turkey on grounds allegedly linked to the representation of their clients, in breach of Turkey’s international law obligations.
The ICJ understands that around 47 lawyers have been arrested on 11 September in Turkey while 13 others are being searched by police for allegedly acting on behalf of clients accused of participation in the Gülenist movement, called by Turkish authorities the “Fetullahist Terrorist Organisation” (FETO). It has been reported that lawyers were interrogated about their professional activities.
“Lawyers should never be arrested or sanctioned for representing their clients, or identified with their clients causes,” said Roisin Pillay, Director of the ICJ Europe and Central Asia Programme,
“This is a basic principle of the independence of the legal profession and international law and its respect is essential to ensure that everyone has the right to a fair trial.”
The ICJ will follow the case closely to ensure that international law and standards are respected concerning any action against the lawyers arrested.
“If the sole charges against the lawyers arrested are related to their work as lawyers representing their clients, they should be immediately released,” added Roisin Pillay.
The ICJ stressed that they should not be subject to arrest for the legitimate exercise of any human rights and fundamental freedoms. In the event that any of them are subject to charges for cognizable crime consistent with Turkish and international law, they must be brought immediately before a court to consider whether any continued detention is lawful. If charged, they must be in ensured all rights of fair trial by independent and impartial courts.
The UN Basic Principles on the Role of Lawyers say that “lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions” (article 18).
Contact:
Roisin Pillay, e: roisin.pillay(a)icj.org
Massimo Frigo, e: massimo.frigo(a)icj.org – t: +41797499949
