Nepal: arrest and disappearance of lawyer

Nepal: arrest and disappearance of lawyer

The ICJ calls for the immediate release of Nepalese lawyer Shyam Kumar Shrestha whose arrest and enforced disappearance violate his right to liberty and security.

The ICJ’s Centre for the Independence of Judges and Lawyers today condemned the arrest and disappearance of Nepalese lawyer, Shyam Kumar Shrestha, and called for his immediate release.

Mr. Shrestha, a member of the Nepal Bar Association, was arrested by security forces at 9:00 pm on 23 October at his home in Bagbazar, Kathmandu. The security forces stated that they were taking Mr. Shrestha to Maharajgunji in Kathmandu for questioning. They then took him away in a taxi without giving any further reasons for his arrest. Calls from the Nepal Bar Association to the Home Ministry and the human rights investigation bodies within the army and the police have not been answered. To date, the reasons for Mr. Shrestha’s abduction remain unknown.

“The arrest and enforced disappearance of Mr. Shrestha constitutes a grave violation of his right to liberty and security”, said Linda Besharaty-Movaed, Legal Advisor of the ICJ’s Centre for the Independence of Judges and Lawyers. “He must be immediately released and if any charges are brought against him, they must be in strict conformity with Nepalese law and international human rights standards.”

The ICJ’s Centre for the Independence of Judges and Lawyers conducted a fact-finding mission to Nepal in January 2003. It has denounced the army killings and the increase in the number of disappearances by the security forces and abductions by the Maoists since fighting between the two sides resumed in August.

Nepal-arrest and disappearance lawyer-press release-2003 (text, PDF)

 

Turkey: 27 lawyers charged with professional misconduct acquitted

Turkey: 27 lawyers charged with professional misconduct acquitted

The ICJ is satisfied by the decision of the No. 1 Ankara Heavy Penal Court on 31 October to acquit 27 lawyers who had been charged with professional misconduct under the Turkish Penal Law.
The ICJ had sent a trial observer, Paul Richmond, Barrister of England and Wales, to observe this hearing which had been previously adjourned twice. Mr Richmond observed the earlier proceedings which took place on 9 May and 11 July.

The charge against the lawyers stemmed from their representation of political prisoners at Uluncular prison during a court proceeding in December 2000. It was at this hearing that the lawyers were alleged to have “shouted slogans” at the court and “incited those persons present in the courtroom to resist the gendarmes.” The charge was dismissed on the ground that it was not supported by sufficient evidence. A full report of the 31 October hearing will be available on the ICJ web site shortly. Reports of the first two hearings are currently available.

The ICJ calls upon the Government to implement the Court’s decision immediately and ensure full respect for the UN Principles on the Role of Lawyers.

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