Lawyers for Lawyers, the Law Society of England and Wales, Lawyers Rights Watch Canada, Privacy International, Fair Trial Watch and Media Legal Defence Initiative organise a panel discussion on the “Persecution of Lawyers and Journalists in Turkey” on Tuesday, 27 January, in Geneva, Immediately after the Universal Periodic Review (UPR) on Turkey,
At this event fundamental rights of lawyers and journalists that are regularly being violated will be discussed, including freedom of expression, privacy, confidentiality between lawyers and their clients and the protection of sources by journalists. This event comes at a time when the rule of law in Turkey is under serious threat.
[Turkey has adopted new laws and judicial reform packages, allowing for even more internet censorship, data collection, surveillance and the censoring of critical views on the pretence of protecting national security, which are directly undermining the freedom of expression, but also other fundamental rights such as privacy. In particular, journalists and lawyers are negatively impacted. They are subject to surveillance and legal harassment. The last couple of years large groups of lawyers and journalists have been arrested on the suspicion of terrorism related offences. Lawyers face stigmatisation by being continuously identified with their clients’ causes. Journalists are accused of not being independent. For both groups it is hard, if not impossible, to work freely, independently and securely.]
Speakers:
Ayse Bingol – Lawyer from Turkey
Tayfun Ertan – Journalist from Turkey
Marietje Schaake (by Skype) – Member European Parliament
Alexandrine Pirlot de Corbion – Privacy International
Tony Fisher – The Law Society of England and Whales
Moderator: Irma van den Berg – Turkey expert of Lawyers for Lawyers
The event takes place from 12h45 – 14h30 in Room XXIII, Palais des Nations. Those wishing to attend, send email – before 23 January – to : bp[at]lawyersforlawyers.nl
On 23 April 2014 Amsterdam-based Lawyers for Lawyers (L4L) and Lawyers’ Rights Watch Canada (LRWC) warn in an open letter to President Aquino of the Philippines for the continued labeling of lawyers as enemies of the state by the military. Since March, Atty. Maria Catherine L. Dannug-Salucon has been the subject of death threats, labeling, surveillance and verbal intimidation by military officers. Mrs Dannug-Salucon is reportedly on the Filipino military’s Watch List of so-called ‘Communist Terrorist’ supporters providing legal services. She has also been under the surveillance of the Intelligence Services of the Armed Forces. The surveillance is particularly worrisome in view of the killing – reportedly by members of the Intelligence Services – on 25 March 2014 of Mr. William Bugatti, a human rights defender who was also working as a paralegal for Atty. Dannug-Salucon. Read the rest of this entry »
Yesterday I had a post “Philippines Chief Human Rights Defender, Rosales, asked to resign for ‘incompetence’”. In reaction I received from Lawyers for Lawyers (L4L) an update on the continued pressure on ‘opposition lawyers’ who are labeled as “enemies of the state”. The Dutch foundation Lawyers for Lawyers warns in an open letter to Read the rest of this entry »
Magamed Abubakarov, a Russian human rights lawyer specialized in terrorist cases in the North-Caucasus, will receive the Lawyers for Lawyers Award 2013. Magamed Abubakarov will accept the award on 31 May at the end of a seminar called ‘Lawyers controlled, independence at stake?’ in Amsterdam. Read the rest of this entry »
On 27 February 2012 an impressive array of international NGOs welcomed the decision by the Criminal Chamber of the Spanish Supreme Court to acquit the judge and human rights defender Baltasar Garzón. The organizations include: the International Commission of Jurists (ICJ), the Center for Constitutional Rights (CCR), the European Center for Constitutional and Human Rights (ECCHR), Lawyers Rights Watch Canada (LRWC), the Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), Asociación pro Derechos Humanos de España (APDHE), Asociación Española para el Derecho Internacional de los Derechos Humanos (AEDIDH), the Due Process of Law Foundation (DPLF) and Rights International Spain (RIS). The stated: “… We have previously issued a statement https://docs.google.com/file/d/0ByBM8_x9YdxiOTllZTE4YzYtNGQ1Mi00NGQ1LWJlNTgtMDhjNDliMDE4MzYx/edit?pli=1 warning the international community and Spanish society of the danger that the process posed to both judicial independence and access to justice for victims of crimes committed during the Spanish Civil War and the Franco regime. We welcome the Supreme Court’s decision to finally acquit Judge Baltasar Garzón of the malfeasance charges against him. However, at the same time, we strongly reaffirm that grave damage has been done to both Judge Garzón and judicial independence more broadly. Judge Garzón should never have been prosecuted for complying with the clear obligation under international law to investigate grave violations of human rights.”
The organizations added that the critical question that motivated the prosecution of Judge Garzón has not been adequately answered: “Who has the legal authority to investigate crimes committed during the Spanish Civil War and the Franco regime?” “We remind the Supreme Court of its obligation to rule on this issue of legal authority or competency raised before it. Determination of this pressing issue was inexplicably subordinated to the malfeasance prosecution against Judge Garzón and as a result has unjustifiably remained pending for over two years. Our organizations call on the Supreme Court to consider and determine, in accordance with its constitutional mandate and principles of international law, what courts have the authority to investigate and provide effective remedy for the 114,266 enforced disappearances and extra-judicial killings committed during the Civil War and Franco regime that followed. We also call on the Court to confirm the applicability of national and international law to the investigation and redress of these and other serious crimes against international law.”
Along with the Office of the High Commissioner for Human Rights and the UN Human Rights Committee, the NGOs call on Spain to repeal its 1977 Amnesty Law as it violates the international law obligations Spain has assumed since that year and the Spanish Constitution itself (articles 1.1, 9, 10.2, 95 and 96).
On 1 April 2011 I reported on the award given by Lawyers for Lawyers (L4L) in the Netherlands and promised to come back to the main topic of the related expert meeting which was the question of the independence of lawyers, and in particular how to raise the status of the “Basic Principles on the Role of Lawyers” by making them better known.
The organization has kept its word and created before the end of the year a database that brings together all information on the Basic Principles, which are basically soft law but are an important set of international standards. The database contains documents in which references are made to the Basic Principles, such as documents of the UN, special rapporteurs, non-governmental organisations, (regional) courts and so on. You can have a preview of this database on the L4L website http://www.advocatenvooradvocaten.nl/basic-principles/
There is also a booklet Building on Basic Principles, in which all the papers from the expert meeting, are published, which can be ordered from LAWYERS FOR LAWYERS, Adrie van de Streek, Executive Director mailto:info@lawyersforlawyers.nl.
Moreover, the International Commission of Jurists organized on 5-6 December 2011 an important seminar on the “Strengthening the Rule of Law in Times of Transition – The Role of Lawyers and Bar Associations”. One of the participants was Muhannad Al-Hassani, the 2010 MEA Laureate, who was disbarred by his less courageous colleagues in the Bar Association. For more information on this event please contact: Graham Leung at graham.leung@icj.org.
I just came back from an interesting meeting in Amsterdam organised by Lawyers for Lawyers (L4L) on 15 April. The meeting was about the freedom of lawyers and I will report separately on that issue. Here I only want to draw your attention to the impressive personality of Alec Muchadehama, a lawyer working for Zimbabwean Lawyers for Human Rights who courageously continues his work in spite of the most severe harassment, including detention. ‘This is a man who, despite many years of persecution, continues to fight tirelessly for freedom and justice,’ stated the Dutch human rights ambassador, Lionel Veer as Alec was presented with the first Lawyers for Lawyers Award, adding that this award reflected the priority given by the Dutch government to human rights defenders in its human rights policy. Also present at the meeting was Arnold Tsunga, MEA Laureate 2006, another HRD from Zimbabwe.
Seven years after Thai human rights lawyer Somchai Neelaijipit went missing, there is still no prospect of justice. Somchai disappeared on 12 March 2004, one day after he had publicly accused the police of torturing his clients, who were in detention. Since then, nothing has been heard of him. Despite pressure from his family and on the national and international level, those responsible have not yet been held accountable. Shortly after the disappearance of Somchai, five police officers were arrested and prosecuted for their alleged involvement in the disappearance. Although there were severe suspicions against all five suspects, the lower court convicted only one officer to a three year prison sentence in January 2006, but acquitted the other four. National and international human rights organizations (such as Human Rights First, Lawyers for Lawyers) observed the trial and believed that this verdict was the result of a failure of the judicial apparatus. The Appeals Court on 11 March 2011 acquitted all of the five suspects. Furthermore, the court ruled that Somchai’s wife and children are not eligible to exercise his rights as a damaged party, thereby shutting the door for Somchai’s family to uncover the truth and to seek justice in court.