Jan 24, 2020 | News
Today, the ICJ has conducted a trial observation in disbarment proceedings against lawyer Yerlan Gazymzhanov before the Saryarkyn Court of Nur-Sultan.
Erlan Gazymzhanov is facing disbarment following a lawsuit brought by the Ministry of Justice of the Republic of Kazakhstan.
The lawyer is accused of violating court rules by publishing on a social network an archive video from the hearing in a case in which he alleged inappropriate behaviour by the judge.
The case raises issues of the lawyer’s freedom of expression and possible improper interference in his work.
The ICJ will carry out an assessment of the case and its compliance with international standards following its observation of the proceedings.
Another lawyer, Amanzhol Mukhamedyarov is facing a disbarment lawsuit on the same allegations.
Mukhamedyarov’s case will be heard in separate proceedings on 4 February in Esil district court of Nursultan.
Dr Stefan Stobl, a lawyer from Munich (Germany) and a member of the ICJ Section Germany, observed today’s hearing on behalf of the ICJ.
Additional information:
Read ICJ’s trial observation manual
The ICJ has previously expressed concern about increasing restrictions on the independence of lawyers in Kazakhstan:
Kazakhstan: frivolous disbarment proceedings against prominent lawyer Sergey Sizintsev should be immediately dropped, ICJ says
Kazakhstan: ICJ alarmed at government interference in legal profession
Kazakhstan: the ICJ calls to immediately drop prosecution of lawyer Bauyrzhan Azanov
Dec 3, 2019 | Agendas, Events, News
Today, the ICJ together with Scuola Universitaria Sant’Anna and Scuola Superiore de la Magistratura hold a training seminar on access to the asylum procedure and the right to an effective remedy in Pisa, Italy.
The training seminar brings together 65 Italian judges and lawyers specialized in access to international protection. During the two days of training, experts from the CJEU, Italian judiciary and academics, UNHCR and ICJ will deliver the training, bringing international human rights and EU law perspectives to the discussion on Italian law and practice.
Among the issues discussed during the training seminar will be access to the asylum procedure in international and EU law, access to the asylum procedure and accelerated procedures in light of the right to an effective remedy, appeal, legal assistance and legal aid, and interpretation. Further issues including the burden of proof in international protection cases and duties of cooperation with the asylum authority will be examined from the perspectives of judges, of territorial Commissions and lawyers as well as from the international and EU law perspective. Finally, working groups on burden of proof, credibility assessment of asylum seekers and countries of origin of asylum seekers will take place.
See the full agenda here.
This training is a part of FAIR PLUS project. It was carried out with the financial support of the European Union. Its contents are the sole responsibility of ICJ and do not necessarily reflect the views of the European Union.
Nov 5, 2019 | News
The ICJ today condemned the physical assault and acts of threats and intimidation taken against its Commissioner Gamal Eid, a prominent Egyptian lawyer and human rights defender.
The ICJ called on the Egyptian authorities to investigate the attacks and bring those responsible to justice. They should also take effective measures to ensure that Gamal Eid and other lawyers and human rights lawyers are protected.
Amidst the ongoing crackdown on human rights defenders and the arrest of more 4,000 individuals since recent anti-corruption protests began, Gamal Eid has been subjected to a sustained campaign of intimidation and harassment.
Two armed men in civilian clothes physically assaulted him on October 10, stole his cellphone and tried to seize his laptop. The assault resulted in injuries to his arm and leg and several cracks in his ribs.
Prior to this assault, Eid’s car was stolen on 30 September and he has repeatedly received anonymous phone calls and messages ordering him to “stop and behave.”
The ICJ believes these attacks to be related to Eid’s work as a lawyer and to his human rights activities, and are part of a pattern by the Egyptian military and government to silence people suspected of opposing them, including those documenting and reporting on the ongoing crackdown on human rights and fundamental freedoms.
“Instead of resorting to cynical, thuggish tactics to silence Gamal Eid, Egypt’s military and government must act to ensure his safety and physical integrity,” said Said Benarbia, Director of ICJ’s Middle East and North Africa Program.
“ They must also ensure that lawyers and human rights defenders are able to carry out their work free of fear, harassment or intimidation,” he added.
In the context of the recent protests against President El-Sisi, the Egyptian security forces have arbitrarily detained at least 16 lawyers in relation to the exercise of their professional functions, including Mahienour El-Massry and Mohamed El-Baqer.
Amr Imam, a lawyer and colleague of Gamal Eid at Arabic Network for Human Rights Information was also arrested on 16 October 2019.
The threats to, attacks against, and arbitrary detention of Egyptian lawyers and human rights defenders are in contravention with Egypt’s obligations under international law, and run counter to the UN Basic Principles on the Role of Lawyers and the UN Declaration on Human Rights Defenders, which respectively provide that lawyers and human rights defenders must be able to carry out their professional functions and work without hindrance, harassment, intimidation, or improper interference.
Contact:
Said Benarbia, Director of ICJ’s Middle East and North Africa Program, t: +41 22 979 38 17 ; e: said.benarbia(a)icj.org
Egypt-Gamal Eid-News-press releases.2019-ARA (Arabic version, in PDF)
Oct 11, 2019 | News
The ICJ in partnership with the International Committee of the Red Cross (ICRC) convened the 2019 International Humanitarian Law (IHL) moot court competition.
The IHL moot court competition brought together 12 law students from Great Zimbabwe University, Midlands State University, University of Zimbabwe and Zimbabwe Ezekiel Guti University; to engage with IHL issues.
The Great Zimbabwe University students won the competition and will participate in the All Africa Moot Court Competitions to be held in Arusha, Tanzania representing Zimbabwe.
Moot Court competitions are a part of the philosophy of developing a conscientious lawyer and contributing to law graduates who have an affinity for defending human rights and the rule of law. IHL incorporates human rights principles in times of war. As a result, understanding IHL allows students to have an understanding of the application and limitations of human rights during times of war. The moot court competitions additionally equip the students with an invaluable opportunity to develop key advocacy skills.
“The moot competition gives law students the opportunity to have experiential learning and can be one among an array of interventions that could be done to supplement the university education of lawyers in Zimbabwe that has not been very strong on human rights and humanitarian law,” said Arnold Tsunga, Director of ICJ’s Africa Regional Programme.
The competition was held from 8 October to 11 October 2019. On 8 October the law students underwent an advocacy boot camp which was a full training day on advocacy skills. The four law faculties participated in a preliminary round on 9 October. The top two, Great Zimbabwe University and Midlands State University qualified for the final round. The winning team, Great Zimbabwe University will participate in the All Africa Moot Court Competitions which brings together IHL national champions from all over Africa.
The competition was supported by the European Union.
Contact
Arnold Tsunga, t: +26377728 3248; e: arnold.tsunga(a)icj.org
Rumbidzai Muyendesi, t: +263771666579; e: rumbidzai.muyendesi(a)icj.org
Oct 4, 2019 | News
The ICJ today called on the Egyptian authorities to immediately release all lawyers arrested for discharging their professional functions, and ensure they and other lawyers in the country are allowed to perform their work without threats or intimidation.
The Egyptian authorities have arrested more than 2400 people over the past two weeks following anti-government protests.
Many of the detainees’ lawyers have themselves been arrested, including Mahienour Al-Massry, Sahar Ali, Mohamed Salah Ajaj, Mohamed Al-Baqer (photo), Mohamed Helmy Hamdoun, Ahmed Sarhan, and Ahmed Abd El-Azim.
On 29 September, while representing prominent human rights defender Alaa Abdelafttah during questioning before the State Security Prosecution, lawyer Mohamed Al-Baqer was arrested and charged with, among other charges, “spreading false information aiming at disturbing the public and peaceful order” and “joining a terrorist organization.”
The ICJ has previously documented how lawyer Mahienour Al-Massry was arrested under similar circumstances, and called for her immediate release.
Mahienour was also charged with “spreading false information” and “joining a terrorist organization.”
“By arresting lawyers and prosecuting them on trumped-charges, the Egyptian military is dismantling the very last line of defense against its ruthless crackdown on human rights and fundamental freedoms, and silencing the very same voices that can still witness, challenge and report on its industrial-scale human rights abuses,” said Said Benarbia, ICJ MENA Director.
Under international standards reflecting core rule of law principles, lawyers must be able to discharge their professional functions without hindrance, harassment or improper interference.
They shall not suffer, or be threatened with prosecutions for any action taken in accordance with their professional duties.
The ICJ emphasized that these standards are there not only for the interests of the lawyers and those they represent or might in the future represent, but also to ensure that the rule of law remains operative for the society as a whole.
The Egyptian authorities must conform to these standards, refrain from its attacks against the legal profession, and immediately release all lawyers and other individuals arbitrarily detained.
Contact:
Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Egypt-Attacks on Lawyers-News-web stories-2019-ARA (story in Arabic, PDF)
