Mar 28, 2016 | News
The ICJ welcomes the release of human rights lawyer Intigam Aliyev today after the Supreme Court reduced and suspended his sentence and ordered his immediate release.
Intigam Aliyev, a prominent human rights lawyer and the head of the NGO Legal Education Society, had been convicted on 22 April 2015 of tax avoidance, illegal entrepreneurship and abuse of power and sentenced to seven and a half years of imprisonment by a Baku Court.
A number of credible human rights organizations and international observers who have closely followed the case have stated that they consider the charges he was tried on to have been politically motivated, and that the real reason for his prosecution and conviction was repression by the Government of critical voices in civil society.
In a closed hearing, the Supreme Court reduced his sentence to five years of imprisonment and suspended its execution, after a request to this effect was made by Azerbaijan’s Prosecutor General, Zakir Garalov.
This unusual initiative follows the rejection, on 24 February, by the same Supreme Court of Intigam Aliyev’s complaint against his sentence.
“While the release of Intigam Aliyev is a positive step, the ICJ remains concerned that this decision appears to leave the underlying conviction in place despite credible reports that the charges were politically motivated,” said Massimo Frigo, ICJ Legal Adviser.
“If, as these allegations would suggest, Intigam Aliyev was targeted for his work as a lawyer, this would clearly violate international standards on the independence of lawyers”, said Temur Shakirov, another ICJ Legal Adviser.
Contact
Temur Shakirov, Legal Adviser, Europe Programme, temur.shakirov(a)icj.org
Massimo Frigo, Legal Adviser, Europe Programme, masimo.frigo(a)icj.org
Feb 5, 2016 | News
The ICJ today called on the Royal Thai Government to immediately drop criminal proceedings against human rights lawyer Sirikan Charoensiri.
On 2 February 2016, Sirikan Charoensiri received two summons to appear at the Chanasongkram Police Station on 9 February 2016 to be charged with two offences under the Criminal Code of Thailand: “giving false information regarding a criminal offence” and “refusing to comply with the order of an official”.
Such charges could result in punishment of up to two years’ imprisonment.
“The charges against Sirikan Charoensiri apparently relate to her efforts to protect the legal and human rights of her clients, students who never should have faced arrest or criminal proceedings for peacefully exercising their freedoms of expression and assembly in the first place,” said Matt Pollard of the ICJ’s Centre for the Independence of Judges and Lawyers.
“Prosecuting Sirikan Charoensiri for her efforts to defend human rights is totally unacceptable and will only put Thailand further in violation of its international obligations,” he added.
The charges appear to relate to the circumstances surrounding Sirikan Charoensiri’s provision of legal aid to 14 students who were arrested on 26 June 2015 after carrying out peaceful protests calling for democracy and an end to military rule.
Although the precise basis for the changes is not set out in the summonses, the complainant is named as Pol. Col. Suriya Chamnongchok, a police officer involved in the investigation of the 14 students.
Sirikan Charoensiri, a lawyer with Thai Lawyers for Human Rights (TLHR), has provided legal aid to many individuals, including activists and human rights defenders, since military rule was imposed in May 2014.
The ICJ first expressed concern about the Government’s targeting of Sirikan Charoensiri on 2 July 2015, after the Royal Thai Police threatened Sirikan Charoensiri with legal action, publically announced they were considering charging her with a crime, and visited her home and questioned her family.
These threats and harassment, like the currently pending charges, appeared to be in retaliation for her having refused consent for police to search her car after the students’ court hearing, and for having filed a complaint with the police when they proceeded to impound it.
The ICJ has brought the case to the attention of the United Nations Special Rapporteurs on the Independence of Judges and Lawyers, and on the Situation of Human Rights Defenders.
The situation of human rights in Thailand will be examined by the UN Human Rights Council in May 2016, as part of the Council’s Universal Periodic Review of all States.
“Ahead of Thailand’s human rights review by the United Nations in May, and against the background of the tabled ‘roadmap’ towards democratic rule, the need for the Royal Thai Government to restore respect for human rights only grows more urgent by the day,” said Pollard.
Contact
In Bangkok: Kingsley Abbott, International Legal Adviser for Southeast Asia, t +66 94 470 1345 ; e: kingsley.abbott(a)icj.org
In Geneva: Matt Pollard, ICJ Senior Legal Adviser, t: +41 22 979 38 12 ; e: matt.pollard(a)icj.org
Background
The International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a Party, guarantees the right to peaceful assembly; the right to freedom of expression; the prohibition of arbitrary arrest or detention; the right to a fair and public hearing by a competent, independent and impartial tribunal established by law (including the right of prompt access to a lawyer and precluding jurisdiction of military courts over civilians in circumstances such as these); and the prohibition of arbitrary or unlawful interference with privacy, family, home and correspondence (which includes arbitrary searches or seizures).
The UN Declaration on Human Rights Defenders affirms the right of everyone peacefully to oppose human rights violations. It prohibits retaliation, threats and other harassment against anyone who takes peaceful action against human rights violations, both within and beyond the exercise of their professional duties. It protects the right of persons to file formal complaints about alleged violations of rights. The UN Basic Principles on the Role of Lawyers provide that governments are to ensure that lawyers are able to perform their professional functions without intimidation, hindrance, harassment or improper interference.
Thailand-Sirikan Charoensiri-News-Press releases-2016-THA (full text in PDF, Thai)
Jan 29, 2016 | News
La CIJ expresa su preocupación frente a una nueva denuncia abusiva de la Fundación contra el Terrorismo, esta vez contra el Director de la CIJ para Centroamérica y un consultor que contribuye con el Bufete de Derechos Humanos, y contra el Director de Centro de Acción Legal, Ambiental y Social.
Esta denuncia se suma a otras en contra de abogados y abogadas de Guatemala. A través de querellas y acusaciones falsas, esta Fundación pretende afectar la función que estos profesionales cumplen como defensores de los derechos humanos.
Estas denuncias falsas son parte de una campaña iniciada hace más de un año y que ha querido afectar a más de cien personas, a quienes la Fundación contra el Terrorismo ha calificado como terroristas y guerrilleros (as), sin aportar pruebas.
Efectivamente se han presentado denuncias contra funcionarios y ex funcionarios del Ministerio Público, como la ex Fiscal General Claudia Paz y Paz y la actual Fiscal General Thelma Aldana, el Fiscal de Derechos Humanos o en contra de jueces y juezas del Organismo Judicial que ejercen su función en forma independiente, promoviendo un discurso de odio en contra de estas personas que actúan como defensores y defensoras de derechos humanos.
Ante esto hechos, la CIJ demanda:
- Que el Estado de Guatemala, por medio de las autoridades correspondientes, inicie una investigación exhaustiva e imparcial acerca de las actividades que realiza la Fundación contra el Terrorismo sobre todo, que investigue el origen de aquellas actividades que dirige en contra de defensores y defensoras de Derechos Humanos;
- Que el Estado de Guatemala, por medio de las autoridades correspondientes, brinde la protección debida a defensores y defensoras de derechos humanos;
- Que una vez finalizada la investigación el Estado de Guatemala, a través de las autoridades y mecanismos correspondientes, adopte las medidas necesarias de acuerdo a derecho con respecto a la Fundación contra el Terrorismo y su Director, por llevar a cabo campañas de odio en contra de defensores y defensoras de derechos humanos.
Dec 18, 2015 | Events, News
Today the ICJ held a round table “Organisation and operation of the Legal Profession: International Comparative Perspective” in Dushanbe, Tajikistan.
The ICJ invited experts to speak about comparative experiences from their countries to inform the national debate about the reform of the legal profession currently underway in Tajikistan.
Experts contributing to the discussion included: Tamara Morschakova, an ICJ Commissioner and former Justice of the Constitutional Court of the Russian Federation; Olga Swartz, a legal scholar from the Russian Federation; Daniyar Kanafin, a lawyer from Kazakhstan; Gulniza Kozhomova, President of the Bar Association of the Kyrgyz Republic; Almaz Osmanova, Member of the Board of the Bishkek Bar Association (Kyrgyz Republic); Jeroen Brower, Chair of the Ethics Commission of the Dutch Bar Association; and lawyers and other stakeholders from Tajikistan.
Participants discussed the principles and practice of the independence and self-governance of bar associations, as well as other issues of significance for the independence of lawyers, including the qualification process and disciplinary action.
Programme of the event in English and in Russian:
Tajikistan_roundtable_ agenda_Eng (PDF, English)
Tajikistan_roundtable_ agenda_Rus (PDF, Russian)
Nov 28, 2015 | News
The ICJ co-hosted the Joint Zimbabwe Judicial-Legal Practitioners Colloquium in Zimbabwe. The meeting was held in conjunction with the Law Society of Zimbabwe (LSZ) and the Judicial Services Commission (JSC) of Zimbabwe.
The meeting took place on 27 – 28 November 2015 under the theme “Access to Justice: Barriers and Solutions (A Bar-Bench Dialogue)”.
This year it congregated 30 legal practitioners and 60 Judges who sought to have an honest discussion on the challenges that affect access to justice in Zimbabwe in an attempt to seek practical solutions to these challenges for greater access.
The Chief Justice Godfrey Chidyausiku, and the President of the Law Society Mrs Vimbai Nyemba, in their opening remarks both highlighted the importance of this dialogue platform to justice delivery in Zimbabwe.
They both noted how the colloquium has over the years contributed towards the construction of bridges between the bar and the bench and the doing away of hostilities for the betterment of Justice delivery.
