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 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)
