Posts Tagged ‘Independence of Lawyers’

Human rights defender of the month: Sapiyat Magomedova from Dagestan

November 6, 2012

The North Caucasian republic of Dagestan is one of the most dangerous places for lawyers today in Russia. In this region Sapiyat Magomedova defends victims of grave human rights violations like enforced disappearances, extra judicial killings and torture. She has taken on cases that many lawyers would reject due to security reasons, and although it is considered almost impossible, she has won several of them. She was chosen by Stockholm-based Civil Rights Defenders as its HRD of the month. Last week I reported that she had received an important award from Sweden.

When asked about everyday life in Dagestan, local human rights lawyer Sapiyat Magomedova answers straight: ”I would not call it life.” The conflict in Dagestan is bridging on civil war. During the last two years Dagestan is considered to be the most violent region in the North Caucasus, followed by Chechnya. Local human rights defenders constantly face harassment, assaults and threats to their life.

Portrait Sapiyat Magomedova Photo: Private

In 2010 Sapiyat Magomedova was severely beaten by police officers when visiting one of her clients. When pressing charges, she was herself charged with using violence against state officials and insulting police officers on duty. Sapiyat Magomedova had already in 2009 been subjected to an unfounded criminal case for allegedly offending an Investigator from the Prosecutor’s Office. She believes that the case was a form of retaliation for her standing up to law enforcement agencies and fighting impunity. “The criminal case against me was opened to put pressure on me, to force me to retract my statement against the police officers”, Sapiyat Magomedova later said in an interview.

Sapiyat Magomedova represents victims in very sensitive cases, such as allegations that the police have tortured individuals suspected of involvement with the insurgency, and cases of sexual- and gender based violence. Normally, cases of sexual- and gender based violence go unreported in Dagestan. Sexual violence is a taboo subject in a region where honour killings, bride kidnapping, and child marriage occur. There is an absence of debate on the political level on these issues. Women’s rights are not high on the political agenda and gender based violence and other kind of abuses against women occur on a regular basis.

In 2011, Sapiyat Magomedova defended a 13-year-old girl who had been kidnapped and raped for three days by five young men. Two of the suspected rapists were sons of police officers. After strong pressure on the girl and her family, she succumbed and changed her statement. The case, however, got rather great resonance in society and might lead to inspiring other victims to dare press charges. Sapiyat Magomedova further highlighted the case on one of the first conferences on women’s rights in the region. At the conference she spoke about the problem with impunity in cases of sexual- and gender based violence.

Being a woman, Sapiyat Magomedova must also exert much effort just to be taken seriously in her legal profession. Caucasian women are commonly housewives and that “leaves its mark”, as Sapiyat Magomedova puts it. Woman lawyers have a lot of misconceptions to fight against.

Human rights defenders constantly face harassment and threats to their life in Dagestan. Since 2010, Dagestan is considered to be the most violent region in the North Caucasus, followed by Chechnya. The conflict nearly approach the level of civil war. Russian law enforcement bodies are reluctant to investigate cases of human rights abuses. Even though Russia has been convicted approximately 210 times for violations linked to North Caucasus, by the European Court of Human Rights, not even one perpetrator has been put to justice.

In many cases, violations are committed by those who are supposed to uphold the rule of law, under the pretext of fighting terrorism. In order to keep up statistics in terror crimes, it frequently occurs that law enforcement bodies fabricate evidence against innocent people and extract a confession by using torture. This in turn nurtures the insurgency that has been on the rise in the past years. A decade of failure to stabilize the region and deal with the rampant impunity has created an environment where ordinary people live in fear and have almost nowhere to turn to seek justice.

The Russian government invests enormous sums of money each year to dampen the conflicts throughout the North Caucasus. The number of dead terrorists is used as evidence that the Russian government’s initiative leads to results. Military and security forces, and the Police are being rewarded for each person that can be added to the toll of terrorists. This has led to civilians being accused of joining the separatists. Kidnappings, torture and extrajudicial executions are common.

Read more in Civil Rights Defenders country report: Human rights in Russia

CSM piece on lawyers as HRDs in China gives a fuller picture

May 22, 2012

With all the attention now focussed on Chen Guangcheng, the blind legal activist, this article of 21 May by Peter Ford, staff writer at the CSM, is most welcome. It describes the extremely difficult circumstances under which lawyers and legal activists have to work, explaining the difference between the two categories. It starts with describing the case of  Jiang Tianyong, who went to visit his friend Chen Guangcheng, soon after he had emerged from the US embassy.

Last year, as authorities cracked down on lawyers in the wake of the Arab Spring, Jiang “disappeared” for two months. He was “taken to some secret places, beaten, criticized, and brainwashed” by police officers, he recalls. Landlords have bowed to official pressure and evicted him five times from different homes, Jiang says. He has been subjected to several periods of house arrest; his wife and children have been harassed; guards have sealed his front door shut; and once, in a particularly petty act, they locked his wife’s bicycle, he says. And he lost his license to practice law in 2009.

“Human rights lawyers face a perilous life in China,” says John Kamm, a human rights activist who heads Duihua, which works on behalf of political prisoners in China. “They face many barriers.”

When lawyers are beaten, “disappeared,” or jailed, their plight generally attracts wide attention. Far more often, though, says Wang Songlian, a researcher with the Hong Kong based China Human Rights Defenders, it is “unqualified” legal advocates – such as Chen – who are abused for taking cases the government regards as sensitive. “There are probably dozens of them in jail, most of whom are not well known,” she says.

Qualified lawyer’s status gives them a measure of protection, but they are vulnerable to all kinds of official pressure. Crucially, they are obliged to renew their licenses with their local bar association each year – a hurdle Jiang failed to surmount in 2009. This means most lawyers pay attention when the Justice Ministry or the bar association issues “guidance” or “opinions” that they do not take sensitive cases, or that they handle them in a certain way, says Eva Pils, a legal expert at the Centre for Rights and Justice at the Chinese University of Hong Kong.

If they don’t, she says, the authorities often warn the head of a recalcitrant lawyer’s firm that his business risks trouble. “At the point when it is felt that neither the Ministry of Justice nor the bar association nor a lawyer’s firm can control him, the security apparatus gets involved,” Professor Pils says.

Human rights lawyer Pu Zhiqiang says that “99 percent of lawyers will be affected by this sort of pressure.” He adds, “There is no organization in China supporting lawyers doing pro bono work, so very few will take it on because of all the trouble it gets you in.” The pressure on lawyers has been mounting for several years, says Pils, amid “fears that the [ruling Communist] Party might lose control over lawyers, who are not oriented to upholding party rule, but toward working for clients.”

In 2008, the judicial authorities proclaimed the “Three Supremes” doctrine, according to which judges were told to uphold the cause of the Communist Party, the interests of the people, and the Constitution and the law, in that order. Earlier this year, the Justice Ministry published a regulation requiring newly licensed lawyers to swear an oath of loyalty to the party. Despite the difficulties he and his colleagues face, Pu is optimistic. “Though the authorities would like to control the situation, society is getting more open, and I think it will continue to do so,” he says.

Twenty years ago, Mr. Kamm says, “there was no such thing as a [human] rights defender in China. Now we have a very different situation. Nothing encourages anyone to take on a human rights case, but the fact that there are people doing it is tremendously heartening.”

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Independence of lawyers threatened in Bahrain

December 19, 2011

Only a few days ago, 12 December, I reported on a new database on the Independence of Lawyers launched by Lawyers for Lawyers. And here Bahrain comes with a great illustration of the need to strengthen this concept. On December 18, 2011 the Bahrain Center for Human Rights explains how the Ministry of Human Rights [SIC!] and Social development on 7 December overruled the recent election of the Board of the Bahrain Lawyers Society  and reappointed the old one. This step appears to have been taken because most the elected members are seen to be from the ‘opposition’. Whatever the truth in this charge, the election seems to have been fully legal and representing the will of the majority of the members.

Fatima Al-Blooshi, minister of human rights and social development, is clearly acting as a government stooge and basing herself on a law written in 1989 for the purpose of controlling the activities of the institutions of civil society, known as the law of Societies. This law has been repeatedly criticized by local and international organizations for violating freedom of assembly. The report of the Bahrain Centre of Human Rights gives many details of how this law was abused in the past including its own dissolution in 2004.

for details see: http://www.bahrainrights.org/en/node/4910