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.
Sep 18, 2019 | Events, News
The Colombian Commission of Jurists (CCJ) and the ICJ invite you to a discussion on the strengths and challenges that the System and its institutions face. The event takes place Thursday, 19 September 2019, at 11:00 – 12:00, room XXI, in the Palais des Nations.
One of the essential elements of the peace agreement between the Colombian government and the FARC-EP was the creation of an Integral System of Truth, Justice, Reparation and Non-Repetition. This System contains a set of transitional mechanisms to protect and guarantee victims’ rights. It comprises three institutions: a tribunal called the Special Jurisdiction for Peace (JEP), a Truth commission, and a Unit to search for the missing persons. A year ago, after some delays, the three institutions have entered into operation. They all have made significant advances in fulfilling victims’ rights. However, there are still several challenges they must face to be considered successful transitional justice mechanisms.
The panel will feature:
Moderator:
- Sam Zarifi, ICJ Secretary General
Speakers:
- Philippe Texier, former judge of the Court of Cassation of France and ICJ commissioner.
- Edinson Cuéllar, Colectivo Sociojurídico Orlando Fals Borda
- Ana María Rodríguez, CCJ Senior Legal Adviser
- Rocío Quintero, ICJ Legal Adviser
Printed copies of the ICJ report “Colombia: Jurisdicción Especial para la Paz, análisis a un año y medio de su entrada en funcionamiento” will be available. (Full version in Spanish and Executive Summary in English)
A flyer for the event is available here.
Sep 16, 2019 | Events, News
The ICJ, together with the Netherlands, Finland and Swiss missions to Geneva, OHCHR and other NGOs invite you to a panel discussion on Advancing accountability for human rights violations and abuses in Libya at the UN Human Rights Council in Geneva.
The event takes place on Friday 20 September 2019, at 15:00 – 16:30, Room XXIII, in the Palais des Nations.
With the onset of armed conflicts in Tripoli and surroundings on April 4, 2019, human rights violations and abuses have become more entrenched in Libya. There is now an urgency to discuss appropriate means to strengthen the rule of law in Libya and break the cycle of impunity prevailing in the country. The United Nations Human Rights Council can play a vital role in this process by establishing an independent international investigation into violations and abuses of human rights in Libya with a view to future accountability.
The event will be opened by Geoffrey van Leeuwen, Director for Middle East of the Netherlands Ministry of Foreign Affairs, moderated by Bahey Eldin Hassan, Director of the Cairo Institute for Human Rights Studies, and feature:
–Elham Saudi, Director – Lawyers for Justice in Libya
–Ghassan Salamé, Special Representative of the Secretary-General & Head of the United Nations Support Mission in Libya – via video link
–Francesco Motta, Chief of OHCHR Asia, Pacific, Middle East & North Africa Branch
–Said Benarbia, Director of the Middle East & North Africa program, International Commission of Jurists
–Salah Al Marghani, Lawyer, human rights activist & former Minister of Justice for Libya
–Bruno Stagno Ugarte, Deputy Executive Director for Advocacy – Human Rights Watch
A flyer for the event is available here.
Sep 10, 2019 | News
The ICJ today expressed concern that a Government anti-corruption agency has engaged in acts of intimidation against the Chairperson of the Union of the Lawyers of the Republic of Tajikistan, Saidbek Nuritdinov, and 15 other lawyers.
The intimidation apparently relates to the lawyers’ defence of Abdulaziz Abdurahmonzoda, a lawyer facing trial on charges of fraud, who was allegedly ill-treated in detention by officers of the city Department of the Agency for Financial Control and Combating Corruption of the Republic of Tajikistan (Anti-Corruption Agency).
After the lawyers representing Abdurahmonzoda alleged that he had been ill-treated, the judge of the Sino district of Dushanbe city hearing the case, Ahmadzoda Farogat, requested the Prosecutor General’s Office to investigate the allegations.
Following the initiation of the inquiry of the allegations of ill-treatment, the Head of the Anti-Corruption Agency of Dushanbe, allegedly sent requests to a number of district courts of Dushanbe to obtain information about civil and criminal cases in which Saidbek Nuritdinov had participated as a lawyer.
The requests are said to seek information such as the names and, place of residence of clients: subject matter of civil cases, and details of the charges against his previous clients. In addition, it was reported to the ICJ that Judge Akhmadzoda Farogat, transmitted a list of the fifteen lawyers and copies of their official orders, the documents authorizing the representation of the lawyer, to the Anti-Corruption Agency at its request.
The ICJ notes, that while this information is not confidential per se, previous such investigations of the Anti-corruption Agency have led to criminal prosecution and conviction of lawyers.
“In this case, representation of a lawyer subject to criminal proceedings was undertaken by a group of his colleagues, including the head of the association of lawyers, in line with professional ethics, said Temur Shakirov, Senior Legal Adviser of the ICJ. “Such representation is consistent with international standards on the role of lawyers as well as national law of Tajikistan”.
“If the investigation is related to the lawyers’ representation in the case of Abdurahmonzoda, it would constitute a means of intimidation of the lawyers. And as such it should be ceased, and the lawyers should be able to continue to act freely and diligently in accordance with the national law and international law and standards on the role of lawyers”, Shakirov added.
Background
The criminal case against lawyer Abdulaziz Abdurahmonzoda was initiated under article 247.2, of the Criminal Code (fraud) on 17 April 2019. At the court hearings observed by the ICJ, Abdurahmonzoda insisted on his innocence and alleged breaches of the criminal procedure in course of the preliminary investigation: initiation of a criminal case without legal grounds (the case was said to lack the victim’s statement about the fraudulent actions committed on the part of Abdurahmonzoda); violation of the procedure of the preliminary investigation and submission to the court of evidence knowingly obtained by illegal means. The ICJ is observing the trial.
According to the UN Basic Principles on the Role of Lawyers, governments “shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference” and they should 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.”(Principle 16).
Furthermore, interference or obstruction of lawyer’s activity is prohibited by the Law of the Tajikistan on Lawyers and Lawyers’ Activities. According to the law, a lawyer cannot be held liable for any opinion expressed by him/her as part of his/her lawyers’ activity, with the exception of actions that may constitute a crime. The request from lawyers or lawyer’s unions of information related to the provision of legal assistance in specific cases is not allowed.
According to the Draft Universal Declaration on the Independence of Justice (“Singhvi Declaration”), enable the Bar Association to fulfil its function of preserving the independence of lawyers, they should “be informed immediately of the reason and legal basis for the arrest or detention of any of its members or any lawyer practising within its jurisdiction”. In these cases, bar associations are “ entitled to be represented by its president or nominee to follow the proceedings and in particular to ensure that professional secrecy and independence are safeguarded”.
