May 20, 2019 | News
The ICJ, the Geneva Bar Association and the Geneva legal community have joined forces to launch the ICJ-Geneva Lawyers International Cooperation Initiative. Under the Initiative, Geneva lawyers will join ICJ missions on the five continents to support the independence and integrity of lawyers and judges at risk, and to promote the Rule of Law.
The Initiative launches with a mission tomorrow, May 21st. A lawyer from the Geneva Bar Association will go to Guatemala to work the ICJ team and lawyers investigating and fighting the forced displacement of the indigenous community of La Laguna de El Petén.
Missions under the initiative will typically involve, among other things:
– Trial observations;
– Fact-finding missions;
– Support for the independence of lawyers and bar associations;
– Capacity building and training activities;
– Expertise and academic support.
Since its founding in 1952, the ICJ has played a unique and preeminent role as a non-governmental organization for the defense of the Rule of Law around the world, and the independence of judges and lawyers.
With the presence of its headquarters in Geneva for more than 60 years, through the Initiative the ICJ is further deepening its special bond with the city, to spread and share the spirit of Geneva.
“International support and solidarity are crucial to the work of lawyers defending the human rights of those who are often marginalized from power,” said Michaël Sombart, Director of Strategic Partnerships of the ICJ. “With this project the ICJ can help lawyers around the world benefit from the reputation and high standing of the Swiss legal community and bring the message of the Genève humanitaire beyond borders.”
“This initiative is welcome and we support it with commitment,” said Sandrine Giroud, member of the Geneva Bar Council and Chair of its Human Rights Commission. “The Rule of Law is under attack around the world and lawyers play a vital role in its defense and the impartiality of justice. Our support for the ICJ-Geneva Lawyers International Cooperation Initiative is in line with the lawyer’s mission as a bulwark against the arbitrariness and the defense advocacy tradition of the Geneva Bar Association. We welcome this collaboration, which is part of the fight for justice and respect for fundamental rights and guarantees. ”
Nicolas Gürtner, First Secretary of the Young Bar Association of the Geneva Bar Association, said: “This project offers a remarkable opportunity for young lawyers to work alongside the jurists of international repute of the ICJ in favour of the guarantee of Rule of Law.”
The Steering Committee for the Initiative includes:
– The ICJ;
– For the Geneva Bar Association: the Commission on Human Rights and the Young Bar Association;
– Representatives of the Geneva judicial and academic world, including Professor Robert Roth, former President of the Court of Cassation, former director of the Geneva Academy, Professor Emeritus of the University of Geneva
Contact :
Michaël W. Sombart, ICJ, Director of Strategic Partnerships, t: +41 22 979 38 31 ; m: +41 77 965 98 45 ; e: michael.sombart(a)icj.org
Jun 25, 2015 | News
The ICJ today welcomed the decisions by the Kyrgyz Supreme Court declaring illegal the recent government searches of the homes and offices of lawyers, and seizures of their legal files.
In three related cases, the Court upheld the findings of the Osh regional court that the searches of the homes of lawyers Valerian Vakhitov and Khusanbay Saliyev and lawyers’ offices at the NGO “Bir-Duyno-Kyrgyzstan” by officers of the State National Security Committee were contrary to Kyrgyz law.
The Supreme Court also dismissed the attempts by the Prosecutor’s Office to initiate disciplinary action against judges of the Osh regional court as a result of their decision in these cases.
The decisions are an important affirmation of the rule of law in the Kyrgyz Republic, and will strengthen the independence of both the judiciary and the legal profession, the ICJ said.
“These decisions of the Supreme Court are crucial for securing the independence and strengthening of the legal profession under the newly established Association of Lawyers and for the ability of judges to issue independent decisions based on law and facts,” said Olga Zimareva, one of two ICJ observers who were present at the hearing.
“It is a demonstration of the judiciary’s willingness and capacity to effectively uphold the rule of law and safeguard the fundamental role of lawyers,” she added.
The International Covenant on Civil and Political Rights, which is binding on the Kyrgyz Republic, protects the right to a fair trial including lawyer-client confidentiality.
Furthermore, Principle 16 of the UN Basic Principles on the Role of Lawyers upholds the duty of States to ensure that lawyers can perform all of their professional functions without intimidation, hindrance, harassment or improper interference.
International standards require that judges should not be subjected to disciplinary action for discharging their judicial function, as was requested by the Prosecutor’s Office in this case.
Principle 2 of the UN Principles on the Independence of the Judiciary makes clear that: “[t]he judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason”.
Background
On 25 March 2015, Umar Farooq, a United States national and journalist, was arrested by officers of the State National Security Committee (SNSC), who seized a number of items in his possession including the business cards of two lawyers, Valerian Vakhitov and Khusanbay Saliyev.
On 28 March, Umar Farooq was expelled from the Kyrgyz Republic on grounds of collection of information without accreditation.
The investigator sought a search warrant for the premises of the two lawyers on the grounds that they could contain documents “necessary for the investigation”. This was done despite a clear guarantee against such an interference under Article 29 of the Law On Advokatura and Lawyers’ Activity of the Kyrgyz Republic stating that “requisitioning, seizure, examination, inspection, copying documents, collection and use of information related to legal assistance in a particular criminal case are allowed only in the case involving a lawyer as a defendant …”.
Judges K.M. Matisakov and B.T. Satybaldiyev issued warrants to the State National Security Committee to search the NGO premises where the lawyers worked and to search the residence of Valerian Vakhitov and Khusanbay Saliyev, in separate proceedings on 26 and 27 March. Officers of searched the homes of lawyers and the office of the human rights organization Bir-Duyno-Kyrgyzstan” and seized certain case materials of the two lawyers.
In a statement issued on 31 March 2015, the ICJ deplored the unlawful actions against the lawyers and underscored that an independent legal profession is fundamental to ensuring the fair administration of justice and right to a fair trial for all persons who come before the courts.
The issuing of the warrants was successfully challenged by lawyers before the Osh Regional Court which issued its decision on 30 April 2015. Before the Supreme Court, the Prosecutor’s Office sought affirmation of the lawfulness of searchers of lawyer’s homes and work premises as well as recognition of the lawfulness of seizure of case materials, both guarantees clearly protected by national law in Kyrgyz Republic and international law and standards on the role of lawyers and the right to a fair trial.
The Prosecutor also sought disciplinary measures against the judges of the Regional Court who decided in favour of the protection of the professional guarantees of lawyers, ruling that the searches and seizures of documents were illegal.
Two ICJ observers attended the hearings at the Supreme Court: Olga Zimareva, a lawyer practicing in the Russian Federation and Almaz Osmanova, a lawyer in the Kyrgyz Republic and chair of the Central Asian League of Lawyers.
The Supreme Court issued its decisions finding the searches and seizures of documents illegal, on 24 June 2015. The reasons for the decisions have not yet been published.
The ICJ will publish its legal analysis of the proceedings and the judgment of the Supreme Court in due course.
Contact
Róisín Pillay, Director, Europe Programme, roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, Europe Programme, temur.shakirov(a)icj.org
Kyrgyzstan-Supreme Court Vakhitov Saliyev-News-Press release-2015-RUS (full text in PDF, Russian)
Jun 16, 2015 | News
On 17 June, the ICJ will observe proceedings before the Supreme Court of the Kyrgyz Republic concerning searches of the workplace and homes of lawyers Valerian Vakhitov and Khusanbay Salieyv by law enforcement agents.
The case concerns confidentiality of lawyer-client communications and seizure of lawyers’ files, in light of the prohibition of arbitrary interference with privacy, correspondence, and home.
The Supreme Court of the Kyrgyz Republic is to consider the challenge of the Prosecutor’s Office to the decision of the Regional Osh Court of 30 April 2015.
The prosecutor also seeks disciplinary measures against the judges of the Regional Court who decided in favour of the protection of the professional guarantees of lawyers, ruling that the searches and seizures of documents were illegal.
The ICJ trial observation mission includes Olga Zimareva, a lawyer practicing in the Russian Federation and Almaz Osmanova, a lawyer in the Kyrgyz Republic and chair of the Central Asian League of Lawyers.
Following the conclusion of the case, the ICJ will publish its analysis of the proceedings and the judgment of the Supreme Court of the Kyrgyz Republic in light of international human rights law and international standards on the independence of the judiciary and the role of lawyers.
Contact:
Róisín Pillay, Director, Europe Programme, roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, Europe Programme, temur.shakirov(a)icj.org
Kyrgyzstan-Trial observation-News-Web story-2015-RUS (full text in PDF, Russian)
Dec 6, 2013 | News
On 6 December, the ICJ concluded a trial observation mission to Kazakhstan on the case of the disbarment of lawyer Polina Zhukova.
Lawyers Lyubov Agushevich and Polina Zhukova were disbarred following disciplinary proceedings initiated by the Ministry of Justice regarding their defence of a client in court proceedings.
The alleged misconduct, which lead to the disbarment of the lawyers, included inter alia a statement of innocence of their client, submitting motions to the court, submitting requests for recusals, one lawyer “putting a question which she knew the answer to”, reading a page out of the case file, and filing a motion for an examination of the witnesses who attended the hearing.
These actions were interpreted by the presiding judge in the criminal case in which the lawyers represented the defendant as violations of professional ethics, and were later used as grounds for the termination of their licenses to practice law.
ICJ observers, Justice Ketil Lund, an ICJ Commissioner and a former Justice of the Supreme Court of Norway, and Zulfikor Zamonov, a lawyer from Tajikistan, observed the Supreme Court appeal hearing in the case on 5 December.
The Supreme Court upheld the motion of lawyer Zhukova to resume proceedings in her case and reconsider the issue of the lawfulness of her disbarment.
“The ICJ welcomes the decision to review the case against the lawyer and will continue following the case,” said Temur Shakirov, Legal Adviser of the ICJ Europe Programme.
Read also:
Disbarment proceedings against lawyers in Kazakhstan
Disciplinary action against lawyers in CIS countries: analysis of international law and standards
Contact:
Róisín Pillay, Director, ICJ Europe Programme, roisin.pillay(a)icj.org
Temur Shakirov, LegalAdviser, ICJ Europe Programme, temur.shakirov(a)icj.org
Oct 4, 2013 | News, Publications, Reports, Trial observation reports
In a report published today, the ICJ details a catalogue of violations of fair trial rights and other serious human rights violations committed against those detained in the context of the UAE 94 trial.
The report, Mass convictions following an unfair trial: The UAE 94 case, comes amidst a crackdown on individuals calling for peaceful political reform, who continue to be arrested, detained, prosecuted and convicted for the lawful exercise of their rights to freedom of expression, association and assembly.
The UAE authorities must end this crackdown and ensure the immediate and unconditional release of those convicted in the UAE 94 trial, the ICJ says.
“The UAE 94 trial has been marred with a litany of violations of fair trial rights. The convictions of 69 individuals following this trial must be quashed and those imprisoned must be immediately and unconditionally released”, said Said Benarbia, senior legal adviser of the ICJ Middle East and North Africa Programme.
Those convicted on 2 July 2013 were found guilty of “establishing, founding and administering an organization, with the aim of challenging the basic principles upon which the government of the State is based, taking control of the government and establishing a secret structure for the organization”.
Fifty-six of them were sentenced to ten years’ imprisonment, five of them to seven years’ imprisonment and eight others, who were tried in absentia, to fifteen years’ imprisonment. The remaining 25 accused were acquitted.
The ICJ notes that, since 31 July 2013, many of the prisoners convicted in the UAE 94 case have begun a hunger strike to protest against the conditions of their detention.
They have reportedly been subjected to various forms of ill-treatment, including beatings by prison guards and light depravation.
The authorities have failed to investigate the many human rights abuses alleged to have been committed against those detained in the context of the UAE 94 case, the ICJ says.
Instead, the UAE authorities have continued their crackdown on political activists and government critics, including those that have publicly spoken out in support of the UAE 94 or against the conditions of detention of those imprisoned.
“Rather than live up to the commitment made by the UAE to the Human Rights Council to “place human rights at the top of its priorities”, the UAE authorities have embarked on a sustained campaign to suppress any form of peaceful dissent and all calls for political reform,” Benarbia added. “They must comply with their obligations under international law and bring an end to this cycle of arbitrary arrest, detention, prosecution and unfair trials against of all those that dare to speak out.”
Key findings of the report:
- Most of the detainees were not informed of the reasons for their arrest and promptly notified of the charges against them.
- They were denied their right to prompt access to a lawyer, including during interrogation and were not brought before a judge or a judicial authority within 48 hours of their arrest.
- Most of the detainees were held in incommunicado detention and in secret and unofficial detention centres.
- They were also held in prolonged solitary confinement, which in some cases lasted more than 236 days.
- Most of the detainees were reportedly subjected to torture or other ill treatment by the authorities, including severe beatings, pulling out detainees’ hair, sleep deprivation, exposure to extreme light during the day and night, death threats and other threats and verbal abuse, as well as prolonged incommunicado detention and solitary confinement.
- The Court failed to investigate or order the investigation of such allegations.
- To the contrary, statements and “confessions” alleged to have been obtained as a result of torture or other ill-treatment were admitted as evidence by the court.
Contact :
Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, tel: 41 22 979 38 17, e-mail: said.benarbia(a)icj.org
UAE-Violations at UAE 94 Trial-Publications-Reports-2013 (full text in pdf)
