Sep 13, 2013 | News
The ICJ welcomes the decision of the Osh Regional Court to overturn an intermediate ruling to initiate disciplinary proceedings against two lawyers representing the interests of a victim of sexual assault.
The ICJ sent a mission to observe today’s hearing. The mission raised no issues of concern regarding the conduct of the proceedings observed.
On 3 July 2013, the Osh City Court issued an intermediate ruling to initiate disciplinary proceedings against two lawyers, Valerian Vakhitov, Khusanbai Saliyev, for taking procedural steps provided for under Kyrgyzstan law, including filing motions to the upper judicial instances or filing motions to recuse the judge during and not before the trial.
Today, the Osh Regional Court upheld lawyers’ appeal and overturned the decision to initiate disciplinary proceedings against the lawyers.
The case concerns charges against a teacher in a religious institution for sexual acts with one of his students, a nine-year-old boy.
The representatives of the defendant alleged that he is not criminally responsible by reason of insanity – a proposition contested by the lawyers of the victim. The main trial is ongoing.
The trial was observed by an ICJ trial observation mission: Oleg Levytskyy (Ukraine) and Almaza Osmanova (Kyrgyz Republic).
The observers met with the court, the prosecutor, representatives of the victims and the defendant.
“We welcome the decision to overturn the ruling to initiate disciplinary proceedings against these lawyers,” said Róisín Pillay, Director of the ICJ Europe Regional Programme. “In accordance with international standards, it is the lawyers’ duty to assist their clients in every appropriate way and take legal action to protect their interests. Therefore punishing lawyers for their diligent work would run contrary to the obligation of the state to guarantee that lawyers can carry out their functions without intimidation, hindrance, harassment or improper interference.”
Contacts
Róisín Pillay, Director, ICJ Europe Programme, roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, ICJ Europe Programme, temur.shakirov(a)icj.org
Kyrgyzstan-Osh_Lawyers_Trial Observation-news-web story-2013-rus (full text in pdf)
Sep 3, 2013 | News
The ICJ today expressed its serious concern at the continued detention of lawyer Zinaida Mukhtorova in a psychiatric facility.
In its statement, the ICJ expressed concern that this detention may amount to an act of harassment or reprisal for Zinaida Mukhtorova’s legitimate exercise of her professional functions. Furthermore, the ICJ is concerned at reports that her detention may have been extended today as a reprisal for her challenging the detention through the courts.
Aug 21, 2013 | News
The ICJ today called on the government of the Kyrgyz Republic to take urgent measures to prevent repeated attacks on lawyers.
The call followed reliable reports of an assault on two lawyers in a court in the south of the country.
On 20 August 2013, lawyers Dinara Medetova and Kubanychbek Zhoroyev were physically attacked following a hearing in the Osh Regional Court.
This is the latest in a series of such attacks, which have threatened the lives and safety of lawyers, have hindered lawyers in defending the rights of their clients, and have undermined the fairness of trials.
The ICJ understands that the Ministry of Interior has denied that the attack on the lawyers took place. However this attack is confirmed by the accounts of reliable witnesses.
The ICJ is concerned that, in the face of repeated attacks of this kind, the government and law enforcement authorities have consistently failed to take effective measures to prevent them, or to ensure that they are effectively investigated and the perpetrators brought to justice.
“Denying that these attacks take place can only perpetuate the problem,” said Róisín Pillay, Director of the ICJ Europe Regional Programme. “What is needed is an independent, impartial and thorough investigation into the incident.”
“The government must work with the law enforcement authorities to ensure that the safety of lawyers, witnesses and defendants in criminal trials is ensured throughout the country, and that the Krygyz Republic protects the right to a fair trial, as required by its international legal obligations,” she added.
The two lawyers were defending Makhamatkir Bizurukov, an ethnic Uzbek, in a trial related to the 2010 ethnic clashes in the south of the country.
According to information available to the ICJ, the lawyers were repeatedly interrupted, insulted and threatened by members of the public in the course of the hearing, creating an atmosphere of intimidation which prevented the lawyers from effectively defending their client.
During the hearing, the lawyers also received death threats to which the judge did not respond.
After the hearing, reports indicate that around ten women, supporters of the victims in the case, physically attacked the lawyers.
“If it hadn’t been for my colleague who helped me to escape, I could have been very seriously injured or even dead”, lawyer Medetova told the ICJ. The lawyer later returned to Bishkek due to her fear of further attacks.
This attack took place despite an earlier written request by the defence lawyers in the case submitted to the local Police Department, President of the Court and the Osh Regional Prosecutor that security measures be taken during the hearing, in light of attacks on the accused, witnesses and lawyers at a previous hearing in the same case.
The ICJ understands that the head of the Police Department and the Prosecutor had assured lawyer Medetova that measures would be taken to guarantee the safety of the lawyers.
In the event however, the police took no action to prevent or halt the attacks on the lawyers in the courtroom.
Following the attack, the police reportedly told the lawyers that they could not protect them, as the supporters of the victim would consider such protection as bias in favour of the accused.
The ICJ recalls that international standards, including the UN Basic Principles on the Role of Lawyers, require that “where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities”.
The ICJ urges the government to unequivocally and publicly condemn these attacks and to ensure that effective measures are taken to investigate them and bring those responsible to justice.
CONTACTS:
Róisín Pillay, Director, ICJ Europe Programme, roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, ICJ Europe Programme, temur.shakirov(a)icj.org
Kyrgyzstan-Attack on lawyers-news-press release-2013-ENG (full text in pdf)
Kyrgyzstan-Attack on lawyers-news-press release-2013-RUS (full text in pdf)
Aug 15, 2013 | News
Women judges from across Africa participated in the first ICJ Colloquium on Women and the Judiciary on 12 and 13 August in Arusha, Tanzania.
The Arusha Colloquium, was opened by the Chief Justice of Tanzania and was hosted in collaboration and partnership with the Tanzania Women Judges Association and the Judiciary of Tanzania.
It enabled thirty five senior women judges from over fifteen African jurisdictions to come together to share their stories and reflect on and discuss their personal and professional experiences and challenges as women within the judiciary.
They were joined by over 15 women human rights defenders and lawyers.
Colloquium themes included the importance and role of women within the judiciary, independence and impartiality issues effecting women judges, appointment and promotion procedures, education and training needs and the role of women judges associations.
Discussions also addressed the role of the judiciary in advancing gender equality, women’s access to justice and protection of women human rights defenders.
The Colloquium marks the beginning of an ICJ multi-year initiative on women judges, lawyers and human rights defenders as agents of change.
Jul 9, 2013 | News
The ICJ today called for the immediate release of Le Quoc Quan, after the People’s Court of Hanoi announced on 8 July 2013 the postponement of his trial, without setting any new dates for the case. The reason given for the hastily informed adjournment was that the judge had suddenly taken ill.
The ICJ considers that Le Quoc Quan’s continued detention is in violation of Vietnam’s penal law and the State’s international legal obligations.
Le Quoc Quan, a lawyer and human rights defender, was arrested on 27 December 2012 and charged for tax evasion under article 161 of Vietnam’s 1999 Penal Code.
The postponement of the trial appears to signal that Le Quoc Quan will continue to remain in jail. Since his arrest last year, he has already been detained for more than six months.
“The continued detention of Le Quoc Quan is akin to him being punished even before the trial has commenced. This is a clear violation of his right to being presumed innocent,” said Andrew Khoo from the Malaysian Bar Council, an expert appointed by the ICJ, who had traveled to Hanoi to observe Le Quoc Quan’s trial.
On 29 December, two days after Le Quoc Quan’s arrest, his wife filed an application for bail to the police and procurator. She had also applied for release on his own recognizance. There are no specific detailed procedures spelled out in law governing bail procedures. Under article 92 of the Criminal Procedure Code, only family members are permitted to act as guarantors. To date, neither the police nor the procurator have replied to her applications.
Under article 9 of the International Covenant on Civil and Political Rights (ICCPR), to which Vietnam is a party, it should not be the general rule that persons are detained while awaiting trial, and release pending trial may only be subject to conditions to ensure appearance at the trial.
“There is no reason to believe that if released Le Quoc Quan would not appear for trial, and in any event his family has made representations to act as guarantors”, said Emerlynne Gil, the ICJ’s International Legal Adviser on Southeast Asia, who was also in Hanoi to observe the trial. “The People’s Court of Hanoi must order Le Quoc Quan’s release either on bail or his own recognizance.”
The ICJ notes that the postponement also violates Le Quoc Quan’s right to a speedy trial. Under international law, including ICCPR article 14, an accused has the right to be tried without undue delay and within a reasonable period of time. This prevents any unnecessary continuing deprivation of liberty and ensures that the interest of justice is properly served.
“We would expect that the People’s Court of Hanoi will notify promptly the public of the next date of Le Quac Quan’s trial and ensure that his right to a fair and public trial is upheld,” said Emerlynne Gil.
The ICJ looks forward to returning to Vietnam to continue monitoring this case and ensuring that the rights of Le Quoc Quan, including his right to liberty and to a fair trial, are fully respected and protected.
CONTACT:
Ms. Emerlynne Gil, International Legal Adviser for Southeast Asia, tel. no. +662 6198477; email: emerlynne.gil(a)icj.org
