THE legal fraternity is mourning the death of human rights lawyer
Rudolph Jansen, who fought against injustice on behalf of the poor and marginalised for more than three decades, including with respect to the abolition of the death penalty, prison reform and land reform in South Africa. He was a long-standing member and former national director of Lawyers for Human Rights.Van Garderen, the head of Lawyers for Human Rights, Pretoria, wrote this obituary (excerpts):
Jansen, who leaves his wife Mariana, and two sons Rudolph and Gustav, died on Saturday in Limpopo, 53 years old. He completed his law studies at the University of Pretoria, and as a young advocate with the Pretoria Bar, quickly turned his attention to combating issues of inequality and injustice that were a hallmark of the apartheid state. His early and extensive pro bono work for Lawyers for Human Rights was representative of his commitment to the realisation of human rights in South Africa, which defined his career.
During the late 1980s and early 1990s Jansen joined other Lawyers for Human Rights to prevent the execution of political activists who were facing the death penalty. In those days Lawyers for Human Rights aimed at delaying executions, hopefully for long enough until the death penalty was eventually abolished. With its abolition in 1995, Jansen assisted Lawyers for Human Rights to expand its focus to unaddressed issues, including the awful conditions in prisons. With fellow human rights lawyers, Jansen challenged overcrowding, abusive practices like indefinite solitary confinement and other violations.
In 2003, Jansen took over as national director of Lawyers for Human Rights. He led the organisation for five years through a challenging period of transition and growth. Throughout, he remained a tireless champion of under-served communities in South Africa, inspiring the same commitment from his colleagues. When his tenure ended, Jansen resumed his practice at the Pretoria Bar, achieving senior status in 2014.
He developed a wide-ranging practice centred on human rights and public interest law, representing landless communities, unlawfully evicted people, and human rights defenders, among many others. Jansen’s work in recent years focused increasingly on the furtherance of South African land reform and restitution, to which he made an immeasurable contribution. His commitment to the successful implementation and achievement of this constitutional project saw him involved in ground-breaking cases addressing issues like post-settlement support and market-related pricing within the government’s willing-seller, willing-buyer policies.
Jansen’s advocacy in many of South Africa’s ground-breaking housing cases helped to ensure fair process and entrenched the right of dignity for many of the country’s marginalised. His latest involvement in legal challenges seeking to ensure the equitable distribution of the country’s mining benefits to affected communities represented the next step in his personal and professional quest for justice on behalf of those whose voices have historically been muted. He was an inspiration to many activists and human rights lawyers over the course of his life, and leaves behind a legion of individuals committed to taking forward his work and vision for a just and equal society.
The legacy of his work to quietly push for a more just society will continue to the next generation of human rights lawyers. Hamba kahle, Comrade Jansen.
https://www.iol.co.za/pretoria-news/top-city-human-rights-lawyer-dies-12164274
Tulip Siddiq. Photograph: Jack Taylor/Getty
Last year the family of one such victim approached me to press their case. Mir Ahmad bin Quasem, or Arman as he is known to friends and family, is a British-trained Bangladeshi lawyer who was abducted in August 2016 by state security forces. They knocked on his door and, in front of his wife and young children, dragged him away. This abduction followed the exact modus operandi of other abductions by the security forces in Bangladesh. Since this incident there has been no confirmation of his whereabouts, but we believe that he is still alive.
Mir Ahmad was on the defence team for his father, Quasem Ali, who was prosecuted by Bangladesh’s self-styled “international crimes tribunal”, set up by the ruling party in Bangladesh to try crimes committed during the country’s war of liberation against Pakistan.
The tribunal has been widely criticised internationally, including by groups such as Amnesty International and Human Rights Watch, as well as the United Nations high commissioner for human rights and eminent British lawyers. Along these lines, Mir Ahmad decided to join his father’s defence team but was abducted a month before his father’s execution, while the appeal procedure was still under way.
Mir Ahmad has not been charged with any offence and his abduction and continued detention by the Bangladeshi government is contrary to the Bangladeshi constitution and the country’s obligations under international law. Forced disappearances are common in Bangladesh under the current government: more than 320 people have been disappeared since 2009.
Mir Ahmad is one of three sons of former politicians who were abducted at around the same time, one of whom has been released. In a secret recordingobtained by Swedish radio, it is claimed by a high-ranking government security officer that the fate of those seized is decided by those “high up”. Astonishingly, as reported in these pages, Sheikh Hasina recently claimed that such forced disappearances also occur in Britain and the US, saying “275,000 British citizens disappeared” in the UK each year.
Last week Channel 4 News raised the issue and put the matter to Siddiq. The interaction now has become a matter of public record. Siddiq complained that Mir Ahmad was not her constituent, that she had no sway over Bangladeshi politics and that in any case she was a British MP focusing on Britain…..Even if we are to take Siddiq at her word that she has no sway over Bangladeshi politics, what is preventing her from at least speaking out? My client may not be Siddiq’s constituent, but nor is he the constituent of Shabana Mahmood MP, who raised an official parliamentary question on the matter earlier this year.
Before and since the Channel 4 News report was aired, the family of Mir Ahmad bin Quasem have been visited by state security forces who have reportedly warned them that “if there is any such news, come next time we will not be good like this time and you will not get to see our face like today”.
Since it has come to this, I earnestly hope that Siddiq can speak out to try to help ensure that Mir Ahmad’s mother, sister, wife and two young daughters are not intimidated by the Bangladeshi security services or face enforced disappearance themselves. This is an urgent matter and I ask Tulip Siddiq, as I have done many times before, to speak to me so it can be resolved.
https://www.theguardian.com/commentisfree/2017/dec/04/tulip-siddiq-bangladesh-disappeared-abducted-prime-minister