Event: assault on the legal profession
This event held in Warsaw, Poland, will provide an overview of the ongoing challenges human rights lawyers in the OSCE region are facing in their daily work.
A flyer for the event is available here.
Threats to the rule of law in Europe
The ICJ today highlighted rising threats to the rule of law in Europe, specifically mentioning Poland, Hungary, Turkey, and Kazakhstan in a statement to the UN Human Rights Council in Geneva.
The statement read as follows:
“The International Commission of Jurists (ICJ) adopted a Declaration on Reinforcing the Rule of Law last March at its 19th World Congress in Tunis.
The Tunis Declaration (link) stresses that not only are human rights and the Rule of Law indispensable to the betterment of the human condition, but to address such contemporary challenges as catastrophic climate change and the effects of digital technology.
Against these standards, however, the ICJ is concerned at the increasing and serious threats to the Rule of Law and those who defend it around the world, including across Europe.
In Poland, the attacks on the judiciary continue under the guise of disciplinary proceedings against judges who took recourse to EU institutions to defend the Rule of Law.
Hungarian authorities, while pausing their reforms of administrative courts, have not abandoned unjustified restrictions on the judiciary’s independence and on civil society.
Finally, in Turkey, the judiciary continues to have no guarantees in law to guarantee its independent functioning.
Across Central Asia, lawyers may face disciplinary or criminal persecution for discharging their profession independently. For example, in Kazakhstan, Sergey Sizintsev was disbarred on arbitrary grounds for criticizing a problematic reform of the legal profession.
The ICJ urges the Council to give attention to these developments of extreme concern.
Threats to the rule of law in Turkey, Poland, Hungary, Azerbaijan and South Sudan (UN statement)
The ICJ today highlighted threats to the rule of law in Turkey, Poland, Hungary and Azerbaijan, and the need to address corporate complicity in South Sudan, at the UN Human Rights Council in Geneva.The statement, delivered during general debate, read as follows:
“The situation remains grave for the rule of law and legal protection of human rights in Turkey and Poland.
In Turkey, constitutional reforms in 2017 that undermined the independence of the judiciary should be abolished. Civil society members are prosecuted under overbroad and vague terrorism offences.
In Poland, the Legislature is trying arbitrarily to remove one third of the Supreme Court, a measure that is on hold only temporarily. Unjustified disciplinary proceedings are also being pursued against Polish judges for having sought a ruling of the Court of Justice of the EU.
Elsewhere, in Hungary civil society is ostracized and subject to legislation that risks criminalizing their legitimate activities. In Azerbaijan, as one example of a broader pattern of interference with lawyers and other human rights defenders, lawyer Elchin Sadigov was reprimanded for advising in a confidential manner to his client in detention to complain about torture to which he allegedly had been subjected.
The ICJ is also concerned at the findings by the Commission on Human Rights in South Sudan (A/HRC/40/69, A/HRC/40/CRP.1) that point to the oil industry as a “major driver” in the continuation of the armed conflict and resulting human rights violations. Potential corporate complicity with crimes under international law demand investigation and a strong monitoring mechanism for the use of oil revenues should be established.”
Guatemala: Government orders that eleven more officials of the International Commission against Impunity (CICIG) leave the country
According to information published in the Official Gazette, the government of Guatemala has ordered that eleven more officials and two family relatives from the CICIG leave the country within 72 hours from the time of issuing the notification. However, no official communication using the usual diplomatic channels has yet been sent to the CICIG.
In September 2018, the head of the CICIG, Commissioner Ivan Velasquez, was banned from re-entering the country and the government stated it would not renew the CICIG mandate after September 2019.
Ramon Cadena, the ICJ Director for Central America, stated: “The ICJ considers this new measure is designed to hinder criminal investigations against high-level government officials accused of corruption.”
The CICIG acts as a special prosecutor in serious corruption and other criminal cases and carries out investigations to identify responsible parties. The persons who have been asked to leave the country are the lawyers, police and prosecutors who are investigating important corruption cases, such as the ‘The Line’ case, in which the former President and Vice-President have been charged and other cases including those within the National Police.
Ramon Cadena continued: “It cannot escape anyone’s attention that one of the CICIG investigators who has been asked to leave the country was the person who is responsible for the corruption case involving the General Property Registry, that allegedly implicates both the son and brother of President Jimmy Morales”.
This new measure by the government seriously affects the rule of law and constitutes a flagrant violation of article 10 (4) of the agreement establishing the CICIG signed between Guatemala and the UN, which states:
“The Government agrees to provide to CICIG and its personnel the security necessary for the effective completion of CICIG’s activities throughout Guatemala, and to protect the personnel of CICIG, whether national or international, from abuse, threats, reprisals or acts of intimidations, in virtue of their status as personnel of, or their work for CICIG.”
Cadena added: “It is deeply regrettable that it is precisely the CICIG staff acting in high-impact cases who are being targeted by these measures because of their work to combat corruption and impunity. It is clear that the government is seeking to divert the CICIG from its path.”
Furthermore, according to the UN Basic Principles on the Role of Lawyers, No 16: “Governments shall ensure that lawyers: a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference… “ Cadena continued, “The ICJ is deeply concerned that several CICIG personnel affected by these measures are lawyers and members of the Guatemalan Bar Association. Their work is being hindered and the Guatemalan Bar Association should take action to defend its members.”
“Guatemala should comply with international human rights law and ensure that acts of corruption that impact human rights are fairly and impartially investigated and prosecuted. The presence of the CICIG contributes to ensuring that Guatemala complies with its international obligations” he added.
Cadena concluded by stating: “With these arbitrary measures, the Constitutional order of Guatemala and its democratic institutions are undermined. The Guatemalan State should ensure effective measures are taken against corruption, consistent with its international human rights and other obligations. The CICIG is one of the most successful examples of work to end corruption and impunity. The Guatemalan authorities should support the CICIG instead of hindering its work and obstructing justice.”
Azerbaijan: Access to justice and the independence of lawyers and the legal profession (UN Statement)
The ICJ today put the spotlight the lack of independence of the legal profession in Azerbaijan speaking at the UN Human Rights Council in Geneva.
The statement, made during the consideration of the Universal Periodic Review (UPR) of Azerbaijan, read as follows:
The International Commission of Jurists (ICJ) welcomes the acceptance by Azerbaijan of the recommendations by France (140.70), by Greece (141.12), Austria (141.13), Estonia (141.68), Slovenia (141.71), and Mexico (141.77), to respect the rights of lawyers.
The ICJ regrets, however, that Azerbaijan only noted and did not explicitly support the recommendations by Sweden (141.33), USA (141.39), Czechia (141.67) and Germany (141.76) and rejected the recommendation by the United Kingdom (141.60) to “End all interference in the work of lawyers through disbarment or other disciplinary measures on improper grounds such as expressing critical views.”
These recommendations call for the amendment of the Law on Advocates and Advocates’ Activities to ensure the effective independence of the Bar Association of Azerbaijan. They also call for the setting up of independent and transparent mechanisms for lawyers’ admission to practice, and disciplinary proceedings against lawyers, in conformity with the UN Basic Principles on the Role of Lawyers.
The ICJ notes that Azerbaijan’s support of most recommendations is predicated on the assumption that the situation of the independence of the legal profession in Azerbaijan is in line with international law.
This, however, is not the situation in the country.
The ICJ expresses concern at the persistent lack of independence of the Bar Association of Azerbaijan; indeed, it has actually played a role in undermining the work of lawyers defending human rights. The situation is exacerbated by recent hasty reforms that prohibit lawyers from appearing in any court hearing unless they are members of this non-independent Bar association, furthermore without a sufficient and meaningful transition period. This seriously curtails access to justice for human rights violations in the country.
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