Posts Tagged ‘lawyers’

Threats against human rights defenders in Transnistria / Moldova

February 1, 2013

Two NGOs, Stockholm-based Civil Rights Defenders and Dublin-based Front Line Defenders, have expressed concern  for the safety of two human rights defenders in the Transnistria, the internationally unrecognised separatist republic of Moldova.  Stepan Popovsky andVladimir Maimust are the subject of judicial harassment and threats by the local administration. 

On 9 January 2013, Stepan Popovsky, a private lawyer and chairperson of the Republican Social Movement for the Protection of Property and Social Rights of Peasants, held a meeting where he provided legal support to local peasants. The meeting was interrupted by police officers accusing him of trespassing on a private area, although the Criminal Code of Transnistria does not define trespassing as a criminal offense. One week after the incident, Stepan Popovsky was informed that a criminal case had been initiated against him. He responded with a letter of complaint to the local Minister of Internal Affairs. Since then, Stepan Popovsky has been repeatedly threatened by Transnistrian region’s law enforcement officers while performing his profession as a lawyer. A few months earlier, Stepan Popovsky was the subject of a defamatory media campaign that presented him as a foreign spy earning millions of dollars by buying local real estate.

The human rights lawyer Vladimir Maimust is also under pressure from the Transnistrian authorities. He is the lawyer of a person who was detained by the Transnistrian authorities on 23 June 2012 and who later died from suffocation in jail on 21 November 2012. Vladimir Maimust filed a complaint to the local Investigation Committee and to the Transnistrian leader Yevgeny Shevchuk, in which he accused the investigator of abuse of power and negligence that led to the death of his client. Vladimir Maimust was later threatened by KGB agents “to be included in the list of persons whose activity on the territory of the republic has to be undermined” and that criminal charges can be brought against him. During a working visit to the Investigation Committee on 11 January 2013, the human rights lawyer was beaten and injured by four men in police uniform who also tried to slip an unknown package into his pocket, accusing him of being drunk although medical expertise later confirmed that there was no sign of alcohol consumption. A criminal case has been recently opened against Vladimir Maimust for conspiracy. If found guilty, he may face up to 12 years in prison.

Civil Rights Defenders and Front Line Defenders believe that the threats and the fabricated criminal cases against Stepan Popovsky and Vladimir Maimust are directly related to their human rights work. The organisations urge the representatives of the Transnistrian administration to launch an immediate and impartial investigation into the threats against the human rights defenders, to protect them from any further threats or attacks, and to ensure that all human rights defenders in the region can carry out their legitimate human rights activities without fear of reprisals and free of all restrictions, including judicial harassment.

http://www.frontlinedefenders.org/node/21494

http://www.civilrightsdefenders.org/news/statements/threats-against-human-rights-defenders-must-be-condemned-and-investigated/

Nominations for the Lawyers for Lawyers (L4L) Award as from today

January 25, 2013

As of today one can also nominate for the Lawyers for Lawyers Award a lawyer, or a group of lawyers, who work to promote the rule of law and human rights in an exceptional way and who have been threatened, obstructed or in any other way hindered because of their work as a lawyer. An additional criterion is that this lawyer, or group of lawyers, may benefit from the publicity and recognition of the Lawyers for Lawyers Award.

The Lawyers for Lawyers Award, organised by the Netherlands-based NGO with the same name, will be presented for the second time in Amsterdam on 23 May 2013. An independent jury, consisting of  Heikelien Verrijn Stuart, Theo van Boven, Egbert Mlogoyjer and Els Swaab, will decide which lawyer will receive the award. The prize consists of a donation of €10.000. Anyone can submit a nomination, but a lawyer or group of lawyers cannot nominate themselves. The closing date for submission of nominations is 15 February 2013.

Only nominations done on the website will be taken into consideration. The nomination form is available here and other information is available here.

NGOs and media report that Turkey rounds up Human Rights Defenders

January 21, 2013

The Voice of America echoes reports by HRW and Freedom House amongst others that the security forces in Turkey have detained more than a dozen lawyers as part of a nationwide sweep against illegal leftist groups……​​With many of the detained lawyers being well-known human rights defenders, several human rights groups around the world have voiced alarm. Emma Sinclair Webb, who is with U.S.-based Human Rights Watch, said, “Its very concerning to find lawyers the targets of police operations at four oclock in the morning, having their doors broken down. These lawyers are all known for their activities in defense of human rights, for pursuing police violence cases. ….The Turkish government has accused the lawyers of transferring instructions from the groups imprisoned leaders to militants.

Seven of the detained lawyers belong to the Progressive Lawyers Association, which last year launched a telephone hot line for people to report police abuse. In a statement, the lawyers group condemned the detentions, calling them an attack against people and institutions that oppose the government and struggle for democracy and freedom. The arrests also included five members of a popular left-wing folk music group. ….The government claims none of them are in jail for their pursuits of journalist activities. In a report this week, the watchdog group Freedom House categorized Turkey as only a partially free country in its “Freedom in the World Report,” due to what it described as a serious decline in civil liberties and political rights.

via Turkey Rounds Up Human Rights Lawyers.

Zimbabwean lawyers released on bail

November 13, 2012

The case I referred to yesterday of the three Zimbabwean human rights defenders, who were detained on 5 November and illegally transferred between Harare and Bulawayo on 7 November, has seen some improvement.

They were charged and released on bail on the afternoon of 8 November 2012.

 

Abdolfattah Soltani awarded IBA Human Rights Award Lawyers for Lawyers

October 10, 2012

Iranian lawyer and human rights defender Abdolfattah Soltani recevied on 5 October the 2012International Bar AssociationHuman Rights Award. The announcement came during the International Bar Association (IBA) Annual Conference taking place in Dublin, Ireland.

Mr Soltani, who co-founded the Defenders of Human Rights Centre (DHRC) with Nobel Peace Prize winner Ms Shirin Ebadi, has worked courageously and determinedly throughout his career to provide pro bono legal counsel to those in need.

As a result of his human rights defence work, Mr Soltani has endured persistent persecution from the Iranian government and has been imprisoned on several occasions. He is currently serving a 13-year prison sentence in Iran that stems from a number of charges including co-founding the DHRC, spreading anti-government propaganda and endangering national security. The imprisonment began on 4 March 2012.

Among Mr Soltani’s high profile cases are:

  • Nasrin Soutoudeh, a journalist and human rights lawyer; 2012 nominee of the MEA
  • Akbar Ghanji a human rights activist, who exposed the involvement of several government officials in the murder of intellectuals and journalists in the 1990s; MEA Laureate of 2006 and
  • Zahra Kazemi, a Canadian-Iranian journalist arrested for taking photographs in front of Evin prison in July 2003. Ms Kazemi died in the same prison several days later.

In addition, Mr Soltani has defended teachers, protesters, other fellow human rights lawyers, political activists, students, and several Baha’I (Iranian minority group) leaders. In many instances other lawyers refused to take on these cases because of the risks involved.

 

 

Iran Abdolfattah Soltani awarded with IBA Human Rights Award Lawyers for Lawyers.

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.”

RELATED 6 famous dissidents in China

Bahrain: arbitrary arrest of Nabeel Rajab

May 8, 2012

On May 7, 2012, 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), reports and protests the arbitrary arrest and judicial harassment of Mr. Nabeel Rajab, President of the Bahrain Centre for Human Rights (BCHR) and FIDH Deputy Secretary General. The Centre was announced only two weeks ago as one of the nominees of the Martin Ennals Award for Human Rights Defenders (for a short film on their work see http://www.martinennalsaward.org)

On May 5, 2012, Mr. Nabeel Rajab was arrested by plain clothes police officers upon arrival at Manama airport from Lebanon and transferred to Al Hawra police station. The police officers who proceeded to the arrest stated that they were following orders by the Public Prosecutor, however neither Mr. Rajab nor his lawyers were then informed of the reasons for his arrest. 

Mr. Rajab had returned to Bahrain in order to attend a hearing for charges of “participating in an illegal assembly” and “calling others to join”, relating to a protest organised on March 31, 2012 in Manama to denounce the detention of human rights defender Abdulhadi Al Khawaja, former BCHR President and former MENA Director at Front Line.On May 6, Mr. Rajab was accordingly taken to court, where he denied the charges against him. The trial was postponed to May 22, 2012.

Later the same day, Mr. Rajab was presented before the Public Prosecutor, who informed him of the reasons for his arrest. According to Mr. Rajab’s lawyers, charges of “insulting the statutory bodies”, pursuant to Article 216 of the Penal Code, which carry an imprisonment for a term of up to three years and a fine, are pressed against him in relation to tweets he posted deemed “insulting” to the Ministry of Interior. Mr. Rajab replied that he was the author of tweets posted through his account and that he did not recognise the jurisdiction of the Court and the Prosecution due to their lack of independence from the Executive. The Public Prosecutor remanded Mr. Rajab to detention for seven days.

The Observatory firmly denounces the arbitrary detention as well as the judicial harassment of Mr. Nabeel Rajab, which seem to merely aim at sanctioning his legitimate human rights activities. It recalls that according to international standards pre-trial detention should only be used where other measures of restraint are not possible.

The Observatory recalls that these events occur within the context of an intensified crackdown against activists, including human rights defenders, who have supported or are alleged to have supported the protest movement which started in Bahrain in February 2011.

Bahrain: Arbitrary arrest and judicial harassment … – FIDH.

Mohammad Ali Dadkhah sentenced to nine years in jail: Iran does it again!

May 3, 2012

And the virtual ink on my previous post is hardly dry and I come across the case of Mohammed Ali Dadkhah, just but not justly sentenced to 9 year prison. Iran can hardly be surprised that it leads the table of HRDS honored in the context of the Martin Ennals Award for Human Rights Defenders.

A prominent lawyer who worked on the case of a Christian pastor on death row in Iran for apostasy, which made headlines around the world, Dadkhah has been sentenced to nine years in jail. “I have been convicted of acting against the national security, spreading propaganda against the regime and keeping banned books at home,” he said. Iranian authorities have used such vague charges in recent years to incriminate activists and lawyers in recent years. He had also been banned from teaching at universities or practicing law for an extra 10 years.

Dadkhah has represented several political and human rights activists jailed in the aftermath of the country’s 2009 disputed elections. He has also been the lawyer of the 32-year-old Yusuf Naderkhani, whose sentencing to death for apostasy triggered an international outcry.

Other prominent Iranian lawyers have also been sentenced to lengthy prison terms such as Abdolfattah SoltaniNasrin Sotoudeh and recently Narges Mohammadi. Like them, Dadkhah worked for the DHRC of Iranian Nobel Peace laureate Shirin Ebadi who fled the country in 2009.

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) on Thursday condemned the sentencing of Dadkhah as well as the systematic harassment by the state against the DHRC members.

“We fear that the harassment against DHRC and attempts to silence its members will continue exponentially”, says Souhayr Belhassen, the FIDH President.

“The authorities in Iran are doing their utmost to stifle human rights defenders by imposing heavy sentences of imprisonment, exile, and ban on professional practice. All this is aimed at intimidating the whole society into a deadly silence”, adds secretary general of the OMCT, Gerald Staberock.

Iranian lawyer Mohammad Ali Dadkhah sentenced to nine years in jail | World news | guardian.co.uk.

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

Alec Muchadehama, Zimbabwean Human Rights Defender honored in Amsterdam

April 18, 2011

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.