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
Sep 2, 2020 | Advocacy, Non-legal submissions
The ICJ has made submissions to the Human Rights Committee, today, on Ukraine’s implementation of, and compliance with, the provisions of the International Covenant on Civil and Political Rights.
The ICJ broughtto the Committee’s attention some issues of concern pertaining to Ukraine’s compliance with and implementation of the ICCPR.
This submission highlights a number of concerns relating to the security and independence of lawyers in Ukraine, and their consequences for the protection of certain Covenant rights. In particular, this submission addresses:
- the institutional independence of the legal profession;
- security of lawyers and their right to life;
- restrictions on access to clients and the rights of the defence; and
- security of lawyers and access to justice in uncontrolled territories in Ukraine.
These concerns highlight Ukraine’s lack of compliance with its obligations under the Covenant, including in respect of the right to life under article 6 and the right to a fair trial under article 14, in particular, as well as under other Covenant rights, such as Ukraine’s obligations under articles 2, 7, 9, 10, and 17 of the ICCPR.
Ukraine-ICJ-Submission-CCPR-Advocacy-Non-Legal-Submissions-2020-ENG
Nov 5, 2019 | News
The ICJ today condemned the physical assault and acts of threats and intimidation taken against its Commissioner Gamal Eid, a prominent Egyptian lawyer and human rights defender.
The ICJ called on the Egyptian authorities to investigate the attacks and bring those responsible to justice. They should also take effective measures to ensure that Gamal Eid and other lawyers and human rights lawyers are protected.
Amidst the ongoing crackdown on human rights defenders and the arrest of more 4,000 individuals since recent anti-corruption protests began, Gamal Eid has been subjected to a sustained campaign of intimidation and harassment.
Two armed men in civilian clothes physically assaulted him on October 10, stole his cellphone and tried to seize his laptop. The assault resulted in injuries to his arm and leg and several cracks in his ribs.
Prior to this assault, Eid’s car was stolen on 30 September and he has repeatedly received anonymous phone calls and messages ordering him to “stop and behave.”
The ICJ believes these attacks to be related to Eid’s work as a lawyer and to his human rights activities, and are part of a pattern by the Egyptian military and government to silence people suspected of opposing them, including those documenting and reporting on the ongoing crackdown on human rights and fundamental freedoms.
“Instead of resorting to cynical, thuggish tactics to silence Gamal Eid, Egypt’s military and government must act to ensure his safety and physical integrity,” said Said Benarbia, Director of ICJ’s Middle East and North Africa Program.
“ They must also ensure that lawyers and human rights defenders are able to carry out their work free of fear, harassment or intimidation,” he added.
In the context of the recent protests against President El-Sisi, the Egyptian security forces have arbitrarily detained at least 16 lawyers in relation to the exercise of their professional functions, including Mahienour El-Massry and Mohamed El-Baqer.
Amr Imam, a lawyer and colleague of Gamal Eid at Arabic Network for Human Rights Information was also arrested on 16 October 2019.
The threats to, attacks against, and arbitrary detention of Egyptian lawyers and human rights defenders are in contravention with Egypt’s obligations under international law, and run counter to the UN Basic Principles on the Role of Lawyers and the UN Declaration on Human Rights Defenders, which respectively provide that lawyers and human rights defenders must be able to carry out their professional functions and work without hindrance, harassment, intimidation, or improper interference.
Contact:
Said Benarbia, Director of ICJ’s Middle East and North Africa Program, t: +41 22 979 38 17 ; e: said.benarbia(a)icj.org
Egypt-Gamal Eid-News-press releases.2019-ARA (Arabic version, in PDF)
Sep 24, 2019 | News
The ICJ today called for an end to criminal proceedings against Dagir Hasavov, a prominent Russian lawyer facing prosecution on allegations of obstruction of justice.
On 17 September, less than a week after lawyer Dmitriy Sotnikov was physically attacked in court, Dagir Hasavov was detained by police in the Lefortovo court building in Moscow. He was charged with “obstruction of justice” and “bribery or coercion to testify or evasion of giving evidence” (articles 294.1 and 309.4 of the Russian Criminal Code). On 18 September, Moscow Basmanny court authorised the detention of Hasavov until 16 November.
“There are strong indications that these charges are spurious and that the arrest of Dagir Hasavov is an attempt to obstruct him in carrying out his professional duties, and to prevent his clients from having a fair trial. The proceedings should be discontinued and he should be immediately released.” said Róisín Pillay, ICJ Europe and Central Asia Programme Director. “Such arrests also send a clear message of intimidation to other lawyers. Without urgent measures to end harassment of lawyers, the ability of the legal profession to protect human rights will be increasingly jeopardized”.
Dagir Khasavov represented the former Dagestan Prime Minister Abdusamad Hamidov, who was detained together with his deputy Rayudin Yusufov by the FSB in February 2018 as part of a special anti-corruption operation and was charged with multiple criminal offences, including embezzlement.
Prosecutors allege that Dagir Hasavov threatened Albert Havchaev, a witness in the trial, and attempted to coerce him to testify in court for the benefit of the defence. Hasavov’s home was also searched.
Eduard Isetskiy, another lawyer of the former Dagestan Prime Minister, has stated that after the arrest of Hasavov he and other colleagues were told by investigators that they would face similar prosecution. He added that towards the end of a trial, about a week before the Hasavov’s arrest, the State Prosecutor on the case was replaced and the courtroom became increasingly surrounded with armed and masked security forces. The new prosecutor called lawyers “extremists” and filed a motion to have all their social networks accounts blocked.
Any criminal proceedings against the lawyer amounting to harassment or reprisals for his professional activities would constitute not only an assault on the legal profession in the Russian Federation, but also a violation of the right to a fair trial, protected under international human rights law.
Moreover, international standards on the rights of lawyers, including the UN Basic Principles on the Role of Lawyers, provide that governments must ensure that lawyers “are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference” and “shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.”
The ICJ stresses that these attacks, arrests and criminal proceedings that have been taking place in Russia lately, create a chilling effect on the proper exercise of professional duties by lawyers, endangering the right to a fair trial and undermining the justice system.
Additional information:
Dagir Hasavov is a prominent lawyer in Russia who has taken many cases dealing with allegations of religious extremism or terrorism. He has defended among others the Moscow imam Mahmud Velitov, convicted for justification of terrorism; the former representative of the President in Sakhalin oblast charged with extremism; several persons accused of participation in Hizb ut-Tahrir, the organization banned in Russia. He also represented pro bono the parents of a murdered 5-year-old Tajik girl Huvaido Tillozoda.
It has been reported that around 100 lawyers are joining together to defend Hasavov as the Russian legal community has realized the need for corporate solidarity in the face of the increasing threats to the security of lawyers and independence of the profession.
Sep 24, 2019 | Events, News
The side event aims to identify current threats against lawyers’ professional rights and guarantees in the OSCE region.
The speakers will identify and analyze the current trends through a discussion of recently gathered data and specific cases of violation of lawyers’ rights from Kyrgyzstan, Kazakhstan, Tajikistan, Moldova, Ukraine, Azerbaijan, Russia and Belarus. They will also make recommendations regarding the way forward to increase protection for lawyers and the independent legal profession in these countries and the OSCE region as a whole.
A flyer for the event is available here.
The agenda for the event available here.
