Mar 15, 2021 | Advocacy, Non-legal submissions
Today, the ICJ joined IBAHRI, Human Rights House Foundation and the OMCT in a statement before the UN Human Rights Council condemning human rights violations against lawyers in the country.
The joint statement delivered during the debate on the outcome of the UPR of Belarus reads as follows:
“The IBAHRI, the International Commission of Jurists, the Human Rights House Foundation and the OMCT would like to echo concerns that have been raised during the UPR review and are reflected in the UPR outcome document.
We strongly condemn the numerous, widespread human rights violations committed in the aftermath of the 2020 Belarus Presidential election, in particular:
- First – The disproportionate use of force by security forces against peaceful protestors, the arbitrary arrest and detention of thousands of people, systematic torture and ill-treatment following arrest or during detention, reports of enforced disappearances and denied access to a lawyer.
- Second – The systematic control of the executive over the judiciary and the court system. The judiciary continues to selectively use legislation to intimidate dissenting voices and tightly controls the licensing and activities of lawyers working under threat of being targeted.
- Third – The Illegal and arbitrary restrictions to fundamental rights and freedoms, including the right to peaceful assembly, free expression and access to information. From violent targeting of journalists and the media, to state sanctioned internet shutdowns resulting in censorship.
Therefore, we urge Belarus to:
- Immediately and unconditionally release all individuals arbitrarily detained and stop any practices of torture and ill-treatment of detainees;
- Undertake impartial, independent, effective and prompt investigations into allegations of human rights abuses;
- Bring perpetrators to justice, ensuring effective remedy and reparation for victims;
- Allow professionals – including legal and media professionals – to conduct their work without fear of targeting;
- Ensure respect and practice for all human rights, including free expression, online and offline, providing unconstrained access to information for all; lastly
- Adopt all necessary measures to prevent further human rights violations, without delay.”
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
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 25, 2021 | Advocacy, Non-legal submissions
The ICJ today addressed the UN Human Rights Council in the Enhanced Interactive Dialogue on the Report of the Office of the High Commissioner for Human Rights on the situation of human rights in Belarus in the context of the 2020 presidential election.
The statement reads as follows:
“Madam President,
The International Commission of Jurists welcomes the High Commissioner’s report on the situation of human rights in Belarus (A/HRC/46/4).
The ICJ stresses the need to address the systemic issues underlying unfair trial, arbitrary detention, torture, other ill-treatment and enforced disappearance in Belarus. In particular, it is crucial to ensure an independent judiciary and bar association.
Without comprehensive reforms to these institutions, there is little prospect of fair trial, or of effective remedies or accountability for the widespread human rights violations occurring after the 2020 election.
The ICJ is alarmed at recent arrests and disbarments of lawyers in connection with the protests. Disbarred lawyers include Aleksandr Pylchenko as well as Liudmila Kazak, the fourth lawyer of Maria Kolesnikova, a detained opposition figure, to have suffered consequences as a result of their professional activities. Furthermore, criminal cases have been initiated against lawyers Ilya Saley and Maxim Znak.
We call on the Human Rights Council to establish a mechanism to collect and preserve evidence, identify perpetrators, and support accountability for gross human rights violations in Belarus.
The Council should further call on Belarus to
- promptly and fully implement the High Commissioner’s recommendations;
- co-operate with and facilitate access of the Special Rapporteur to the country;
- uphold the independence of judges and lawyers, in accordance with international law and standards.
I thank you.”
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
Dec 17, 2020 | News
The ICJ and the Human Rights Joint Platform released today a joint statement, calling attention to a variety of obstacles faced by those seeking access to justice for human rights violations in Turkey.
The statement includes 13 recommendations to the Turkish government to ensure the justice system can uphold human rights.
In Turkey, victims of human rights violations remain unable to access justice, particularly effective remedies and reparation for violations of their rights, and there is little accountability of the State or State authorities for what are often serious violations.
Access to Justice has suffered by the immense damage done to the justice system in Turkey in recent years. The systematic undermining of judicial independence, and of the work of prosecutors and lawyers, through the widespread practice of arbitrary arrest and detention, unfounded prosecutions and dismissals of legal professionals as well as other human rights defenders, have fatally undermined the capacity of the justice system to provide reliable protection for human rights.
The Joint Statement is the fruit of three years of intensive work on access to justice for human rights violations in Turkey by the ICJ and IHOP.
During the last three years, the two organizations had the opportunity to gather the views of a wide range of stakeholders, including civil society, judges, lawyers, prosecutors, government officers, international experts, international organizations, human rights defenders and victims of human rights violations. The conclusions by ICJ and IHOP are a reflection of these opinions.
Drawing on this work and their decades-long experience in access to justice, the ICJ and IHOP have outlined the measures needed to begin to restore effective access to justice in Turkey.
The Joint Statement is part of the REACT project: implemented jointly by ICJ and IHOP, this project seeks to support the role of civil society actors in turkey in ensuring effective access to justice for the protection of human rights. This project is funded by the European Union. The views portrayed here do not necessarily reflect the opinion of the EU.
ICJIHOP-JointStatement-2020-ENG (download the statement in English)
ICJIHOP-JointStatement-2020-TUR (download the statement in Turkish)
Nov 20, 2020 | News
The ICJ expressed today its deep concern at the arrest of some 26 lawyers and the investigation of around 100, including lawyers active in the defence of human rights, in South East Turkey.
The arrests and investigations are on charges of “establishing organizations in favour of an illegal organisation”, an offence often used to arrest human rights defenders in Turkey.
Around 26 lawyers were arrested this morning, 20 November, at around 5 a.m. and taken to the Anti-Terror Branch of the Police in Diyarbakır in South East Turkey as part of an investigation against the Democratic Society Congress. The ICJ understands that around 100 lawyers are concerned by this investigation that also concerns the Lawyers Association for Freedom (ÖHD).
“We are concerned that these lawyers have been arrested under vague charges that are often used in Turkey to target human rights defenders ,” said Roisin Pillay, Director of the ICJ Europe and Central Asia Programme,
“Unless law enforcement officers and prosecutors promptly substantiate such charges with adequate evidence, as well as demonstrating valid grounds for their detention, the lawyers must be released immediately.”
The ICJ will follow the case closely to ascertain whether international law and standards are respected in any action against the lawyers concerned.
“Lawyers are often subject to bogus charges in Turkey to curb their work, including in defence of human rights, and the exercise of their freedom of expression,” added Roisin Pillay.
The ICJ stressed that lawyers should never be subject to arrest for the legitimate exercise or defence of human rights or for the exercise of their professional functions. In the event that any of the lawyers arrested on 20 November are subject to charges for cognizable crimes consistent with Turkish and international law, they must be brought promptly before a court to further consider whether specific grounds exist to justify their continued detention. If charged, they must be ensured the right of fair trial by an independent and impartial court.
Background
It is understood from documents shared by unofficial sources that lawyers’ houses in Diyarbakır have been raided as a part of an ongoing investigation conducted against the Democratic Society Congress (“DSC”). DSC was established in 2007 and continued its work at the premises of Diyarbakır municipality in between 2011-2014. Its members included deputies, mayors, and councillors. The Speaker of the Parliament of the time, officially invited the DSC to the meetings of the Constitutional Reconciliation Commission in 2012. However, following the state of emergency declared in July 2016 a criminal investigation against the DSC was initiated. In 2018, the building of the DSC was raided under this investigation and information about the Congress was gathered during that operation. It is understood that the arrests were made based on information obtained in that search. In the search warrant issued by the public prosecutor today, security forces were asked to look for “organisational documents” such as books, journals, articles, newspapers etc. as evidence. From this warrant, it is clear that the operation conducted against lawyers are not related to acts of violence.
The detained lawyers and human rights defenders are: Lawyers Association for Freedom co-chair Av. Bünyamin Şeker, İHD Adıyaman branch head av. Bülent Temel, ÖHD and İHD member lawyers Abdulkadir Güleç, Eshat Aktaç, Serdar Talay, İmran Gökdere, Diyar Çetedir, Serdar Özer, Feride Laçin, Gamze Yalçın, Gevriye Atlı, Resul Tamur, Cemile Turhallı Balsak, Ahmet Kalpak, Devrim Barış Baran, Neşet Girasun, Sedat Aydın, Mahsum Batı, Şivan Cemil Özen and Haknas Sadak, former TTB Central Council Member and still Honorary Board member Dr. Şehmus Gökalp, HRFT Diyarbakır Representation Office employee, Social Service Expert Serkan Delidere, MED Prisoner and Convict Families Association of Legal and Solidarity Associations Federation (TUHAD-FED) executive Diyar Dilek Özer and federation member Leyla Ayaz, DİVES member Süleyman Okur, Bağlar Municipality Council member Panayır Çelik,
Contact:
Roisin Pillay, e: roisin.pillay(a)icj.org
Massimo Frigo, e: massimo.frigo(a)icj.org
