International Commission of Jurists
China: one lawyer released, situation for lawyers remains serious

China: one lawyer released, situation for lawyers remains serious

Dec 17, 2014 | News

Mr Chang Boyang, whose case ICJ raised in a letter to Chinese President Xi Jinping in September calling for his release, has been released on bail.

Mr Boyang, a lawyer working among other things to promote the rights of persons with disabilities in China, had been arrested and charged for activities that should have been recognized to be well within the scope of his professional role and his freedom of expression and association. The ICJ was informed today that Chang Boyang was released on bail on 29 November.

In another update, the ICJ has also been informed that Beijing-based lawyer Pu Zhiqiang, whose case was also raised in the letter to President Xi Jinping, has had additional charges brought against him. He remains in detention while his case has been sent back to police for further investigation, which is in turn likely to prolong his pre-trial detention. His lawyer reportedly said that Pu has already been interrogated 60 to 70 times, with each session lasting more than 10 hours.

The ICJ has not received any reply to its letter of 1 September 2014 to Chinese President Xi Jinping.

The ICJ remains deeply concerned about the situation of lawyers who raise human rights issues or otherwise act on cases the Chinese government deems to be sensitive. Those held in detention should be immediately released, and all criminal proceedings based on lawyers’ due discharge of their professional functions, or exercise of freedom of expression, association or assembly, must be dropped.

The ICJ Practitioner’s Guide no 1 on independence of judges, lawyers and prosecutors is available here in a variety of languages, including Chinese.

 

The ICJ strongly condemns Malaysia’s decision to retain and strengthen sedition law

The ICJ strongly condemns Malaysia’s decision to retain and strengthen sedition law

Nov 27, 2014 | News

The ICJ today strongly condemned the decision by Prime Minister Najib Razak to retain and even strengthen the country’s 1948 Sedition Act despite having made a commitment in 2012 to repeal the Act.

The ICJ has repeatedly expressed its concern that the Sedition Act has been used to stifle and criminalize the exercise of freedom of expression and to silence human rights defenders, lawyers, political activists, among others.

The ICJ considers the Act as it stands to be incompatible with international human rights standards and to be made still more repugnant by the politically loaded manner in which it is typically applied.

In early September, the ICJ denounced the use of sedition against two members of the legal profession, Dr. Azmi Sharom (photo) and N. Surendran for commenting on questions of law and public policy.

On 20 September 2014, Edmund Bon a prominent human rights and constitutional lawyer, was questioned by the police regarding comments made in a based on the decision of a Malaysian Federal Court.

On 30 September 2014, Dr. Abdul Aziz Bari, a law professor at the University of Selangor, was summoned for a police interview over comments made about the selection process of the new Chief Minister by the Sultan of Selangor.

Background:

The 1948 Sedition Act, originally enacted by the British colonial government and amended several times over the years, criminalizes speech and publications considered to have “seditious tendencies”.

The term “seditious tendencies” is ambiguously defined to mean any kind of speech or publication that causes “hatred or contempt, or excite disaffection” against any ruler or the government or promotes “ill will and hostility between the different races or classes”.

The law also considers “seditious” any speech or publication that questions the special privileges of the Malay people, as provided in the Constitution.

Furthermore, sedition is a strict liability offence in Malaysia, which means that the intention of a person allegedly making seditious statements is irrelevant.

For instance, a person making a statement may not have the intent to cause “hatred or contempt” towards the government, but may nonetheless be held liable for sedition if authorities believe that the person in fact incited such feelings.

The ICJ considers that the Act, by its very terms, contemplates restrictions on the exercise of freedom of expression that are grossly overbroad and inconsistent with basic rule of law and human rights principles.

Tajikistan: ICJ calls for steps to ensure independence of the legal profession

Tajikistan: ICJ calls for steps to ensure independence of the legal profession

Nov 27, 2014 | News

Following a visit to the country from 15 to 19 November, the ICJ called on the government of Tajikistan to take meaningful steps to ensure that the institutional independence of the legal profession and the personal integrity of individual lawyers are secured.

The ICJ expressed concern at the continued detention of lawyer Shukhrat Kudratov, on criminal charges. It welcomed the release of another lawyer, Fakhriddin Zokirov, who had been on trial on charges that appeared to constitute an act of retaliation for his work as a defence lawyer. He was released on 3 November as a result of an amnesty.

“While the release of Fakhriddin Zokirov is a positive step, we are concerned that Shukhrat Kudratov remains in detention pending trial on similar criminal charges. We have received credible information that the charges against him are linked to his representation of a client, contrary to international standards on the independence of lawyers”, said Róisín Pillay, Director of the Europe and CIS programme at the ICJ.

The ICJ reiterated its concern at aspects of the reform of the legal profession presently under consideration under the draft law on Advokatura.

Following a mission to Tajikistan in 2013, the ICJ expressed concerns that the independence of the legal profession would be undermined by requirements in the draft law that all lawyers go through a new qualification process, administered by a body in which the Ministry of Justice would play a prominent role.

Amendments recently introduced to the draft law have not altered the inappropriate role which the Ministry of Justice would play in regulating the profession.

Under the draft law, the Deputy Minister of Justice would serve as an ex officio Chair of the Qualification Commission which determines who may be accredited as a lawyer.

This significant role by a member of the executive would jeopardize the independence of the profession.

The ICJ also remains concerned that the draft law would still require requalification of many lawyers, with exemptions only for those with at least 15 years of professional experience as defence lawyers.

Such provisions are contrary to international standards on the independence of the legal profession, including the UN Basic Principles on the Role of Lawyers.

The ICJ recalls Tajikistan’s earlier commitment during the UN Human Rights Committee’s session of 2013 that the Qualification Commission would be placed under the Ministry of Justice only for a short transitional period. A provision to this effect has not yet been introduced in the draft law.

Contact:

Róisín Pillay, Director, ICJ Europe Programme, roisin.pillay(a)icj.org

Temur Shakirov, Legal Adviser, ICJ Europe Programme, temur.shakirov(a)icj.org

Notes:

From 15 to 19 November, an ICJ legal expert, Dr Stefan Strobl, visited Tajikistan and held meetings with a number of international and local civil society organizations and lawyers to discuss recent progress on the reform of the legal profession and the wide ranging challenges it faces.

The visit followed an ICJ mission to Tajikistan in November 2013.

Tajikistan-Independence of legal profession-News-webstory-2014-RUS (full text in PDF)

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