Turkey: 2,847 judges and prosecutors dismissed permanently

August 26, 2016

 

Today 2,847 judges and prosecutors were dismissed from the profession permenantly. None of the judges and prosecutors was given a right to defense themselves. Namely all colleagues were removed without having their defense.
Now the dismissed judges can appeal against the decision of the High Judicial Council to the Plenary of the High Council within 10 days. Then after having the result of this appeal judges have the right to appeal to the Council of State( supreme administrative court) within 60 days. Appeal in the supreme admin court will be 2 steps. After ultimate decision of the council of state judges can challenge, by complaints regarding human rights violation in the judicial and administrative process of dismissal, within 30 days before the Constitutional Court. If there is still no remedy judges may make an application to ECHR within 6 months.

This is the decision : http://www.hsyk.gov.tr/Eklentiler/files/karar.pdf
This is the list of the dismissed judges: http://www.hsyk.gov.tr/Eklentiler/files/liste.pdf

http://www.worldbulletin.net/headlines/176569/more-than-2800-judges-prosecutors-dismissed-in-turkey

http://www.laht.com/article.asp?ArticleId=2419461&CategoryId=12395

http://www.hurriyetdailynews.com/turkish-authorities-fire-over-2800-judges-prosecutors-as-anti-gulen-moves-continue.aspx?pageID=238&nID=103190&NewsCatID=509

http://www.dailysabah.com/investigations/2016/08/24/top-judicial-board-hsyk-dismisses-over-2800-judges-prosecutors-from-profession

(A further anonymous commentary: “The council did not give a right to defense any of those dismissed judges and prosecutors. Namely, the council decided on dismissal without having the judges’ defenses on the matter.
The council states in its decision that since it is concluded that there is coherence/junction and relation/link  between said judges and prosecutors and FETO/PDY organization dismissal of those judges and prosecutors is decided unanimously pursuant to the emergency decree numbered 667, article 3.
Notably, the council did not use the words  “members of the organization”. What I mean by that: the number of 2847 judges and prosecutors are accused of being members of terrorist organizations in the ongoing criminal investigation. However, the council avoided to prefer the word of “member”. It would rather using the words” link, junction and/or relation.
Despite of this preference in the decision, the Vice President of the Council, Mr. Mehmet Yilmaz, made public remarks by constantly using the word “member”. (http://www.gazetevatan.com/yilmaz-net-konustu-baska-kims-zarar-gormeyecek-979927-gundem/

He went a step further in his Twitter account, quoted “it was decided by the plenary of the council that the number of 2847 judges and prosecutors whom found members of the FETO terrorist organization were dismissed”https://mobile.twitter.com/mehmetyilmaz073
As a head of judicial administration, Mr.Mehmet Yilmaz already decided that 2847 judges are the members of a terrorist organisation. It purports at least 3 things:
1. Clear violation of the right not to be labeled as criminal, including bias
2. Pressure on the courts and prosecutors regarding the ongoing investigation
3. Violation of presumption of innocence

Let’s move to the grounds of the mass dismissal. The decision is made up of 61 pages with general comments and grounds. Nothing can be found referring specific facts attributable for each judges in the list. They ennumarate genaral grounds for everyone of us. So no one knows which ground is for which judge. Namely no one knows the allegation brought against himself or herself. These are the grounds:
1. The legal activities in the Justice Academy,
2. Attandance education in profession,
3. Attandance to English course,
4. Sending abroad for educational purposes,
5. Appointments to administrative duties such as directorate genaral, reporter judge in the ministry, head of departments in the ministry, inspector board administration,
6. Remarks in social media accounts,
7. Complaints sent to the Council regarding those judges,
8. Disciplinary and criminal investigation cases regarding those judges,
9. Queries in local areas of the judges,
10. Decisions of judges regarding FETO organisation cases,
11. The reports of police department,
12. The decisions of judges regarding removal of police officers whom considered members of the FETO,
13. The information regarding their social life,
14. Communication programs used by members of the organisation,
15. The reasoning in the recent detention orders and arrest warrant regarding judges,
16. Prosecution interrogation minutes,
17. The words of confessors”)

Egypt: Egypt: Court orders the release of Mr. Malek Adly

August 26, 2016

The Observatory for the Protection of Human Rights Defenders, a partnership of FIDH and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Egypt.

New information

The Observatory has been informed by reliable sources about the Court’s decision to release Mr.Malek Adly, a human rights lawyer working for the Egyptian Centre for Economic and Social Rights (ECESR) and co-funder of the Front of Defence for Egyptian Protesters (FDEP) who has been detained without formal charges and in solitary confinement in Mazraah Prison in Torah since May 5, 2016.

According to the information received, on August 25, 2016, the South Benha Criminal Court ordered the release without bail of Mr. Malek Adly, pending the outcome of investigations. The prosecution appealed the court’s decision and a review session is set for August 27, 2016. Meanwhile, Mr. Malek Adly will remain in prison until the final decision.

The Observatory welcomes the decision to release Malek Adly and requests the judicial authorities to uphold the decision and immediately and unconditionally release Mr. Malek Adly.

The Observatory further urges the authorities to drop all the charges against him and stop his harassment as it only seems to merely aim at sanctioning his legitimate human rights activities.

Until Mr. Malek Adly is released, the Observatory further urges the authorities to ensure that the proceedings and his conditions of detention are in compliance with international law standards.

http://www.omct.org/human-rights-defenders/urgent-interventions/egypt/2016/08/d23915/

#FreeMalekAdly #Free_Malek_Adly

Turkey: Eren Keskin, tutuklama talebiyle mahkemeye sevk edildi

25/08/16

Eren Keskin, tutuklama talebiyle mahkemeye sevk edildi

Geçici olarak kapatma kararı alınan Özgür Gündem gazetesinin eski Yayın Yönetmeni, Avukat Eren Keskin tutuklama talebiyle mahkemeye sevk edildi.

Bianet’te yer alan habere göre, Özgür Gündem Gazetesi’nin kapatıldığı 16 Ağustos’ta Keskin hakkında yakalama kararı olduğu söylenerek Keskin’in evine polis baskını yapılmıştı. Baskın günü İstanbul’da olmayan Keskin, tebligat yapılmamasına rağmen ifade vermeye gideceğini söylemişti.

Keskin, saat 14.00 sularında basın savcısına ifade vermek için adliyeye gitti.

Keskin ile dayanışma için Cumartesi Anneleri, İnsan Hakları Derneği İstanbul Şubesi Gözaltında Kayıplara Karşı Komisyon, LGBTİ aktivistleri, vicdanir retçiler, insan hakları savunucuları adliye önündeydi.

http://www.birgun.net/haber-detay/eren-keskin-tutuklama-talebiyle-mahkemeye-sevk-edildi-125585.html

http://www.diken.com.tr/ozgur-gundemin-eski-yayin-yonetmeni-avukat-eren-keskine-tutuklama-talebi/

http://www.posta.com.tr/eren-keskin-serbest-birakildi-haberi-1223183

https://www.evrensel.net/haber/288478/eren-keskin-serbest-birakildi

http://www.agos.com.tr/tr/yazi/16340/eren-keskin-e-tutuklama-talebi

http://www.habervaktim.com/haber/482035/kapatilan-pkk-gazetesi-yoneticilerinden-eren-keskin-serbest-birakildi.html

(Eren Keskin is a lawyer and human rights activist in Turkey. She is vice-president of the Turkish Human Rights Association and a former president of its Istanbul branch. She was released from detention today.  See: https://en.wikipedia.org/wiki/Eren_Keskin)

Tajikistan: Tajikistan detains second lawyer of banned Islamist party

August 24, 2016

A Tajik lawyer who represented members of a banned Islamist party has been detained on charges of disclosing classified information, two sources told Reuters on Wednesday, the second such case in the Central Asian nation.

Jamshed Yorov was detained on Tuesday in Tajikistan’s capital, Dushanbe, a source at the prosecutor general’s office said. A security source confirmed his detention which followed the publication of the full text of the verdict against the leaders of the opposition Islamic Renaissance Party (IRPT).

Two former IRPT leaders were jailed for life in June and 11 other party members were sentenced to 14-28 years in prison in a closed trial which U.S.-based Human Rights Watch described as part of a “severe crackdown on political opposition”.

The classified text of their verdict has appeared this month on a Tajik opposition website based abroad.

Jamshed Yorov’s brother, Buzurgmehr Yorov, has been on trial since May on charges of fraud and extremism which he has dismissed as politically motivated.

President Imomali Rakhmon’s government has accused the Islamist party of being behind a failed coup last September led by a deputy defence minister who then died in a fight with government troops.

http://www.dailymail.co.uk/wires/reuters/article-3756471/Tajikistan-detains-second-lawyer-banned-Islamist-party.html

http://www.rferl.org/content/tajikistan-lawyer-yorov-detained-irpt/27945407.html

Egypt: Prominent lawyer Malek Adly granted release

August 25, 2016

Malek Adly

Detained prominent rights lawyer Malek Adly was granted a release on Thursday, the Freedom to the Brave group reported.

Adly was arrested in May against the backdrop of the Red Sea islands protests which errupted accross the nation in April. He faced accusations for inciting to protest. As the prosecution interrogated Adly, it accused him of attempting to topple the regime, amend the constitution of the state, joining an entity that works against the government, and spreading false news.

The prosecution will not appeal the release decision, according to Adly’s colleague at the Egyptian Center for Economic and Social Rights (ECESR) Mohamed Eissa.

Several activists gathered in front of the Shubra El-Kheima court looking into Adly’s case, including recently released lawyer Mahienour El- Massry. There were expectations of his detention to be renewed. Before the decision, his wife Asmaa Aaly posted to her Facebook: “Awaiting the usual prosecution decision.”

The detention of the prominent lawyer stirred controversy among the Lawyers Syndicate, some political parties and rights groups. The Doctors’ Syndicate had also addressed authorities regarding the conditions of detention of Adly who remained against all odds in solitary confinement throughout his detention, resulting in a deterioration of his health.

http://www.dailynewsegypt.com/2016/08/25/prominent-l-mlek-adly-grnted-relese/

Egypt Court Orders Release of Rights Lawyer Malek Adly, Prosecution Appeals

http://english.ahram.org.eg/NewsContent/1/64/241649/Egypt/Politics-/Court-orders-release-of-human-rights-lawyer-Malek-.aspx

http://www.seattletimes.com/nation-world/egypt-to-free-lawyer-after-3-months-in-solitary-confinement/

http://allafrica.com/stories/201608250997.html

http://www.whio.com/news/world/egypt-orders-release-lawyer-solitary-confinement/o8fFLCrOQOHQa2k4ovD5pL/

http://www.dailynewsegypt.com/2016/08/25/prominent-l-mlek-adly-grnted-relese/

http://www.voanews.com/a/egyptian-court-orders-release-of-malek-adly-rights-lawyer/3480273.html

http://www.courthousenews.com/2016/08/25/egypt-orders-release-of-lawyer-in-solitary.htm

http://www.seattletimes.com/nation-world/egypt-to-free-lawyer-after-3-months-in-solitary-confinement/

Egypt to Free Lawyer After 3 Months in Solitary Confinement

http://allafrica.com/stories/201608251391.html

Letter of protest at the abuse of Malek Adly and campaigning lawyers in Egypt

Lawyers across Europe demand release of Malek Adly

https://www.frontlinedefenders.org/en/case/court-orders-malek-adlys-release-hrd-remains-jail

http://www.alhurra.com/a/malek-adly/320384.html (ARABIC)

https://ledesk.ma/encontinu/egypte-lavocat-malek-adly-libere-apres-trois-mois-de-detention/ (FRANCAIS)

http://www.ansamed.info/ansamed/it/notizie/rubriche/politica/2016/08/25/egitto-corte-decide-rilascio-avvocato-attivista-malek-adly_3bb97c72-c423-42a8-9ef5-c0d6241665e8.html (ITALIANO)

Vietnam: Pre-trial incommunicado detention of prominent Vietnamese human rights lawyer Nguyen Van Dai

August 24, 2016

We are concerned by reports that the pre-trial incommunicado detention of prominent Vietnamese human rights lawyer Mr. Nguyen Van Dai has been extended by four months until December 2016. Our Office calls on authorities to immediately release Mr. Van Dai and his assistant Ms. Le Thu Ha who were arrested on 16 December 2015 and charged with conducting “anti-state propaganda” activities under Article 88 of the Penal Code.

Legal representatives and family members have been denied contact with Mr. Van Dai and Ms. Le Thu Ha. Authorities have refused to provide information about their whereabouts and health conditions.

The Human Rights Council, the Committee against Torture and the Special Rapporteur on Torture state that prolonged incommunicado detention may facilitate the perpetration of torture and can in itself constitute a form of cruel, inhuman or degrading treatment or even torture.

We urge the Vietnamese Government to abide by its legal obligation to take all necessary means to prevent torture and ill-treatment of persons held in custody in line with the Convention against Torture and the International Covenant on Political and Civil Rights (ICCPR) – both of which Viet Nam is party to.

Our Office reiterates our calls on the Vietnamese Government to stop using vague and broad provisions related to “national security” to silence human rights defenders, activists and bloggers. The detention and conviction of activists for the peaceful exercise of their fundamental rights, including through the use of Article 88 on “conducting propaganda against the Socialist Republic of Viet Nam”, are not in line with international standards. Viet Nam is a party to the ICCPR which guarantees the right to freedom of expression and liberty.

We are also concerned by news that Mr. Nguyen Huu Quoc Duy and Nguyen Huu Thien An, two cousins, were sentenced on 23 August to 3 years and 2 years in prison respectively, for posting articles on Facebook criticizing policies of the Vietnamese government and insulting the Communist Party. They were also charged under Article 88 of the Penal Code, which carries a jail of up to 20 years.

File photo: Vietnamese dissident lawyer Nguyen Van Dai is seen standing trial on closed circuit television at Hanoi’s People’s Court, 11 May 2007. EPA/JULIAN ABRAM WAINWRIGHT

 source UN Human Rights – Asia Facebook

CPI: Avocate d’une ONG palestinienne à la CPI, elle est menacée de mort

24 août, 2016

Nada_Kiswanson

Jamais il n’a été aussi difficile, où que l’on soit dans le monde, de défendre les Droits de l’Homme. Du moins sans paraître aussitôt quelqu’un qui est «pour» ou «contre», qu’il s’agisse du gouvernement du pays où l’on vit, de la religion majoritaire ou d’une autre minoritaire, d’un groupe ethnique ou culturel donné – bref, défendre les droits pour défendre les droits, la politique mondiale d’aujourd’hui ne l’admet pas. En Palestine, où se poursuit voire s’étend l’occupation par Israël de territoires qui ne lui sont pas internationalement reconnus, le Gouvernement de Benyamin Netanyahu est allé encore plus loin : quiconque critique tant soit peu la politique gouvernementale israélienne estantisémite, haineux des Juifs parce qu’ils sont des Juifs, écrasant ainsi l’idée même de droits pour le peuple palestinien et attribuant à Israël la représentation de l’ensemble des Juifs dans le monde alors que les Israéliens eux-mêmes sont loin d’unanimement approuver son action. En plus de quoi le Premier Ministre, sans s’en soucier plus que cela, raye de la carte ses propres compatriotes non-Juifs.

Tout climat délétère bâti sur des accusations fallacieuses de racisme déborde inéluctablement ceux qui en sont à l’origine, et toujours, à un titre ou à un autre, les conséquences en sont tragiques. C’est ce qu’affronte actuellement Nada Kiswanson, avocate aux Pays-Bas, qui représente en Europe et auprès de la Cour pénale internationale (CPI) l’organisation israélienne Al-Haq (en arabe, «le droit»), créée en 1979 et qui se consacre exclusivement à la défense des Droits de l’Homme dans les Territoires palestiniens. Elle compte parmi ses anciens cadres l’avocate jordano-palestinienne Mona Rishmawi, aujourd’hui Cheffe du Département État de droit, Égalité et Non-Discrimination au Haut Commissariat des Nations Unies pour les Droits de l’Homme.

C’est à l’initiative d’Al-Haq que l’Autorité palestinienne s’est jointe au Statut de Rome de la CPI après la campagne militaire dévastatrice menée par Israël à l’été 2014 à Gaza, de même que l’organisation, associée pour l’occasion au Centre al-Mezan pour les Droits de l’Homme, à Addameer et au Centre palestinien pour les Droits de l’Homme, a soumis à la Procureure, Fatou Bensouda, plusieurs communications demandant que la CPI enquête sur la question.

Avocate d’une ONG palestinienne à la CPI, elle est menacée de mort

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