Jul 30, 2018 | News
The killing of Serbian defense lawyer Dragoslav Ognjanović must be independently, promptly, and thoroughly investigated and the perpetrators brought to justice, the ICJ said today.
Dragoslav Ognjanović (photo), a prominent lawyer who had defended Slobodan Milosovic and had also represented defendants in cases of organized crime, was shot dead outside his home in Belgrade late on Saturday 28 July.
“Safety of lawyers is essential to the fair operation of the justice system and to protection of the rule of law. The Serbian authorities now need to take urgent steps to re-establish confidence that they can ensure the safety of lawyers who may be under threat, and to investigate and bring to justice the perpetrators of this crime,” said Justice Radmila Dragicevic-Dicic, of Serbia’s Supreme Court, Vice-President of the ICJ.
“Investigation and prosecution of this case will be a significant test for the Serbian authorities and the legal system,” she added.
The Serbian and Belgrade bar associations have called a week-long suspension of work by lawyers in order to express their concern at the risk of violence against lawyers.
Serbian authorities have blamed an ongoing turf war between organized crime groups competing to control the narcotics trade.
“The concerns of the Serbian legal profession should be taken seriously by the government and the prosecution service, and the bar associations should be consulted on means to ensure the safety of lawyers,” said Róisín Pillay, Director of ICJ’s Europe Programme.
Additional information
International human rights law, including the European Convention on Human Rights to which Serbia is a party, requires that states take steps to protect the life and physical integrity of persons who they know or ought to know are at real risk of violence.
In addition, the right to life, protected under Article 2 of the European Convention as well as under other international law standards, requires states to ensure an independent, prompt and effective investigation into killings, with a view to bringing to justice those responsible.
According to the UN Basic Principles on the Role of Lawyers, governments must ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference (principle 16). The UN Basic Principles specify that “[w]here the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities” (principle 17).
Mar 1, 2018 | Advocacy, Non-legal submissions
The ICJ today delivered an oral statement to the UN Human Rights Council, on attacks on lawyers and the legal profession in Turkey, Azerbaijan, Kazakhstan and China.
The statement, which was made during an interactive dialogue with the UN Special Rapporteur on human rights defenders and the UN Special Rapporteur on Torture, read as follows:
Our organizations welcome that the main report (A/HRC/37/51, para 13) and communications report (A/HRC/37/51/Add.1, e.g. paras 278-297, 431, 508-510) of the Special Rapporteur on Human Rights Defenders recognizes the role of lawyers as human rights defenders. In this regard, we would highlight the global problem of continued attacks on lawyers and threats to the independence of their profession, including for example as is well known in China (A/HRC/37/51/Add.1, paras 278-297), but also in Azerbaijan, Kazakhstan and Turkey.
In Azerbaijan, lawyers face criminal prosecution, suspension or disbarment for statements clearly constituting protected freedom of expression. The lack of independence of the Bar Association is a serious concern, even more so now that new legislation prohibits lawyers from representing clients before courts unless they become a member.
In Kazakhstan, a proposed new law threatens the independence of lawyers by providing for representatives of the executive to be included on disciplinary bodies of the legal profession, contrary to international standards.
Finally, the situation of lawyers in Turkey under the current state of emergency is of particular concern. In particular, echoing the recent statement of five UN special procedures mandate holders for his release, we expresses concern at the current detention of Taner Kılıç, lawyer and president of Amnesty International Turkey.
These arrests, trial and disbarments as well problematic legislative changes have a chilling effect on the work of lawyers. They undermine access to effective and independent legal assistance to protect human rights, in contravention of the rights of both the lawyers and their clients, including as mentioned in the report of the visit to Turkey by the Special Rapporteur on Torture (A/HRC/37/50/Add.1, paras 24, 26, 41, 63-66, 71, 101(d)(e)(h), 106(c)).
Our organizations urge the Council to address these worrying developments threatening the rule of law.
The following organizations joined the statement, in addition to the ICJ:
- International Bar Association’s Human Rights Institute (IBAHRI)
- Union Internationale des Avocats (UIA)
- Lawyers for Lawyers (L4L)
- the Law Society of England and Wales
- Lawyer’s Rights Watch Canada (LRWC), and
- the Bar Human Rights Committee of England and Wales (BHRC).
The statement can be downloaded in PDF format here: UN-HRC37-JointOralStatement-LawyersHRDsTorture-2018
Feb 27, 2018 | Events, News
The ICJ, in collaboration with the UN High Commissioner for Human Rights Regional Office for South-East Asia (OHCHR), and the Centre for Civil and Political Rights, organised a workshop for lawyers from southeast Asia, on engaging with UN human rights mechanisms.
The two-day workshop provided some thirty lawyers from Thailand, Cambodia, Vietnam, and Lao PDR with knowledge, practical skills and expert advice about UN human rights mechanisms, with the participants themselves sharing their own experiences and expertise.
In addition to explaining what the UN mechanisms are and how they work, the workshop discussed how lawyers can use the outputs of UN human rights mechanisms in their professional activities, as well as how to communicate with and participate in UN human rights mechanisms in order to ensure good cooperation and to best serve the interests of their clients.
Sessions were introduced by presentations by the ICJ’s Main Representative to the United Nations in Geneva and OHCHR officials, followed by discussions and practical exercises in which all participants were encouraged to contribute questions and their own observations.
A special discussion of effective engagement of lawyers with Treaty Bodies was led by Professor Yuval Shany, a member of the Human Rights Committee established to interpret and apply the International Covenant on Civil and Political Rights (ICCPR).
The workshop also aimed to encourage the building of relationships and networks between the lawyers from across the region.
The workshop forms part of a broader project of awareness-raising and capacity-building for lawyers from the region, about UN mechanisms.
A similar workshop was held in January 2017 for lawyers from Myanmar.
The project has also published (unofficial) translations of key UN publications into relevant languages, and is hosting lawyers in a mentorship programme in Geneva.
More details are available by contacting UN Representative Matt Pollard (matt.pollard(a)icj.org) or by clicking here: https://www.icj.org/accesstojusticeunmechanisms/
Jan 15, 2018 | News
The ICJ is concerned at allegations that the recent arrest and detention of Oyub Titiev, the head of the Chechen branch of the Russian human rights organisation Memorial, were carried out as retaliation for his human rights activity.
The ICJ is particularly concerned at the more recent reports that family members of Oyub Titiev have had to leave Chechnya for security reasons following threats.
The ICJ calls on the Russian federal and local authorities to conduct a prompt, thorough and independent investigation into allegations that criminal charges against Oyub Titiev have been fabricated by police.
Oyub Titiev should be immediately released pending the outcome of this investigation, and measures should be taken to protect his security and that of his family.
On 9 January 2018, at 10.30, according to an official statement of the Ministry of Interior of Chechnya, Oyub Titiev’s car was stopped near Kurchaloy town to check his documents.
During a search of his car, a plastic bag with approximately 180 grams of a substance identified as marijuana was allegedly found.
Titiyev was charged with possession of a large quantity of narcotics under article 228 of the Criminal Code of the Russian Federation. However, he has stated that the narcotics were planted and has filed a complaint with the Prosecutor’s Office to initiate an investigation into these allegations.
Oyub Titiev, the head of Memorial in Chechnya, is one of very few human rights defenders who continue their work in Chechnya despite significant obstacles and threats.
He took over this position following the murder of the former head of Memorial in Chechnya, Natalya Estemirova in 2009.
In accordance with Article 2(a) of the Declaration on Human Rights Defenders (Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms), human rights defenders have a right to conduct human rights work individually and in association with others.
Under the same Declaration, States have a duty to take all necessary measures to ensure the protection of everyone against any violence, threats, retaliation, adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate activities as a human rights defender.
Threats of violence and the falsification of evidence by public officials constitute crimes under the Russian Criminal Code. Reliance in criminal proceedings on evidence falsely planted by the police or other State actors would violate international human rights law including fair trial guarantees under the UN Covenant on Civil and Political Rights and the European Convention of Human Rights.
Attacks on human rights defenders working in an extremely difficult human rights environment such as that of Chechnya, or attacks on their family members, have a chilling effect on work to defend human rights there. If further such attacks are to be prevented, individuals responsible for them must be brought to justice through a fair procedure, the ICJ stressed.
Nov 22, 2017 | News
On 22 November, the ICJ, in collaboration with the Legal Research and Development Center under Chiang Mai University’s Faculty of Law, held a roundtable discussion on “Human Rights Litigation concerning the Special Economic Zones in Myanmar and Thailand”.
The objective of the discussion, held on campus at Chiang Mai University, was to identify legal issues and to share experiences regarding strategic litigation and advocacy strategies concerning human rights violations associated with the development of Special Economic Zones (SEZs) in Thailand and Myanmar.
In recent years, both the Thai and Myanmar governments have been trying to attract foreign direct investment into their countries by demarcating specific areas where special regulations concerning, inter alia, public administration, the environment, land or labour rights might be applied.
Proponents of SEZs tend to link their development with jobs and economic growth, however, there is generally limited publicly available information about their economic or public purpose rationale.
The development of SEZs, which requires a lot of land, can undermine the protection of human rights and the rule of law by creating governance structures and permitting processes less stringent than that required under national and international law.
Participants at the discussion included postgraduate students and lecturers from Chiang Mai University’s Faculty of Law, lawyers and representatives from Thai civil society organisations.
The ICJ shared with participants its report analysing the legal framework of SEZs in Myanmar and human rights concerns arising from a case study of Kyauk Phyu SEZ, ‘Special Economic Zones in Myanmar and the State Duty to Protect Human Rights’, during the discussion.
The speakers at the discussion were:
· Sean Bain, ICJ International Legal Advisor, Myanmar
· Sumitchai Hattasan, Director, Center for Protection and Revival of Local Community Rights
· Supaporn Malailoy, EEC Watch, Human Rights and Environmental Lawyer
