Monthly Archives: January 2017

Turkey: Outspoken lawyer and opposition CHP member Sera Kadıgil detained

January 31, 2017

Outspoken lawyer and opposition CHP member Sera Kadıgil detained

Republican People’s Party (CHP) Party Assembly member legist Sera Kadıgil has been taken into custody in Çağlayan Courthouse.

In his interview to bianet, CHP İstanbul MP Barış Yarkadaş said:

“Sera Kadıgil went to Çağlayan Courthouse to testify as part of another case. While she was waiting to testify, the police officers going near her notified her of a detention warrant.

“Kadıgil is being charged due to her tweets. However, we are not yet sure which tweets have caused this charge”.

Ms. Kadıgil became a sudden celebrity following a recent media appearance in which she made pointed argument for ”No” vote on CNNTurk.

CHP MP Eren Erdem, in a tweet, claimed the main reason Ms. Kadıgil arrested is due to her famous appearance, below.

http://turkeypurge.com/outspoken-lawyer-and-opposition-chp-member-sera-kadigil-detained

https://au.news.yahoo.com/world/a/34308811/turkey-arrests-pro-kurdish-party-spokesman-in-crackdown/#page1

Main Opposition CHP’s Party Council Member Kadıgil released by court

http://www.bbc.com/news/world-europe-38813542

The Philippines: Duterte Should Disavow Threat to Lawyers

December 12, 2016

Philippine President Rodrigo Duterte should disavow his threat to target the lawyers of alleged drug dealers and reaffirm the right of criminal suspects to legal counsel and due process of law, Human Rights Watch said today.

President Rodrigo Duterte speaks at Camp Servillano S. Aquino in Tarlac, Philippines on December 11, 2016.

President Rodrigo Duterte speaks at Camp Servillano S. Aquino in Tarlac, Philippines on December 11, 2016.

At a public event in Manila on December 7, 2016, Duterte said that drug suspects were able to post bail and avoid prosecution because they have “good, high-profile lawyers,” warning, “Even their lawyers, I will include them.” Duterte’s remarks, amid an abusive “war on drugs” that has resulted in the deaths of more than 5,000 Filipinos since July 1, follows a similar warning to human rights defenders on November 28 for allegedly fostering drug use in the country.

“Duterte’s threats against lawyers and human rights defenders constitute a dangerous extension of his abusive ‘war on drugs’ that has already resulted in more than 5,000 killings,” said Phelim Kine, deputy Asia director. “The sinister lesson of Duterte’s first six months in office is that the groups and individuals he publicly identifies as legitimate targets in his drug war all too often end up dead, in high numbers.”

https://www.hrw.org/news/2016/12/12/philippines-duterte-should-disavow-threat-lawyers

Burma: IBAHRI decries fatal shooting of prominent lawyer U Ko Ni in Myanmar and calls for an investigation

January 31, 2017

The International Bar Association’s Human Rights Institute (IBAHRI) strongly condemns the killing of prominent Muslim lawyer U Ko Ni in Myanmar on Sunday 29 January 2017, and has called on the country’s authorities to carry out a thorough and impartial investigation into the slaying of long-time legal adviser to Daw Aung San Suu Kyi and the National League for Democracy (NLD).

IBAHRI Co-Chair Ambassador (ret.) Hans Corell said: ‘The killing of U Ko Ni is not only a tragic loss for Myanmar, but also a very dark day for its legal profession and the rule of law. The IBAHRI wholeheartedly denounces what appears to be a calculated act of murder. Myanmar’s authorities must ensure that the rule of law prevails by carrying out an investigation into his killing and holding a fair and public trial in an independent court, which guarantees that whoever is responsible for this crime is brought to justice. Attacks against the legal profession seriously jeopardise the rule of law and the right of access to justice for all in the country. Our thoughts are with the family, friends and colleagues of the honourable U Ko Ni.’

U Ko Ni was shot at close range in the head by a gunman as he was preparing to leave Yangon International Airport, having just returned from a government-organised visit to Indonesia. A taxi driver who tried to apprehend the gunman as he attempted to flee the scene was also shot, and later died in hospital. A number of other taxi drivers were successful in stopping and detaining the gunman until the police arrived.

IBA Executive Director Mark Ellis commented: ‘The premature death of U Ko Ni has deprived Myanmar of a citizen who cared deeply about, and was committed to, advancing the rule of law and progressing human rights in his country. He was a founding senior member of the Independent Lawyers’ Association of Myanmar (ILAM), which the IBA supported in its establishment, and was instrumental in working towards bringing together different factions for a successful outcome. The ILAM will stand partly as his legacy as to what can be done when cooperation is paramount in an endeavour.’

U Ko Ni was known in Myanmar particularly for supporting constitutional reform and promoting religious harmony. He was outspoken in his criticism of the NLD for not fielding any Muslim candidates in the 2015 elections.

http://www.ibanet.org/Article/Detail.aspx?ArticleUid=115d3918-3b50-4fef-b7ba-3fa75dc680ab

https://www.frontlinedefenders.org/en/case/u-ko-ni-killed

India: Breaking: Bombay HC Orders Domestic Accounts Of Lawyer’s Collective To Be De-Freezed, Says Centre’s Allegations Vague [Read Order]

January 30, 2017

In a major relief to Senior Counsel Indira Jaising’s NGO, The Lawyer’s Collective, the Bombay High Court passed an interim order de-freezing their domestic accounts. Justice MS Sonak held that the Centre’s allegations of “mixing of foreign contribut…

http://www.livelaw.in/bombay-hc-orders-domestic-accounts-lawyers-collective-de-freezed-says-centres-allegations-vague-read-order/

http://indianexpress.com/article/india/bombay-hc-allows-indira-jaisings-ngo-to-operate-domestic-accounts-4499743/

http://timesofindia.indiatimes.com/city/mumbai/bombay-hc-reprieve-for-indira-jaisings-ngo-orders-defreezing-of-its-domestic-accounts/articleshow/56874413.cms

Turkey: 301 Lawyers In Jail, Over 100 Lawyers Wanted In Turkey

According to data compiled by ‘Arrested Lawyers Initiative’, 301 lawyers are currently in jail and arrest warrants have been issued by courts about more than 100 lawyers in Turkey. Moreover, 702 lawyers are currently under legal investigation.

Turkish state under the rule of President Recep Tayyip Erdogan and AKP government have conducted a relentless campaign against lawyers since failed coup attempt in July 15, 2016. Arrest and detention frenzy have targeted legal defenders beside of other professional across the country. Numbers of lawyers have been detained or arrested in 68 out of Turkey’s 81 provinces. All arrested lawyers have faced with the same accusations of allegedly belonging to a terror group and attempting to overthrow the government.

According to “Arrested Lawyers Initiative’, what is troubling more is the fact that the courts that issued detention warrants also ordered to freeze assets of lawyers, thwarting them from supporting their families.

Among the arrested lawyers there are many prominent figures well-known in Turkish legal circles. The list of arrested lawyers includes current or former presidents of bar associations in various provinces. Head of 10 local or regional bar associations are currently in jail. The names of the heads of Bar Associations are given as follows:

301 lawyers in jail, over 100 lawyers wanted in Turkey

Cameroon: Military tribunal set to begin trial of arrested anglophone activist

January 30, 2017

Cameroon: Military tribunal set to begin trial of arrested anglophone activists

Cameroon’s military tribunal base in the nation’s capital Yaounde is set to begin trial of all recently arrested Anglophone activists.Fears are rife that the arrested intellects together with some detained and yet to be arrested Anglophones might be charged with the newly promulgated and highly criticized 2014 anti-terrorism law. The anti-terrorism law No.2014/028 of 23 December 2014 on the suppression of acts of terrorism in Cameroon states partially that “whoever, acting alone as an accomplice or accessory, commits or threatens to commit an act likely to cause death, endanger physical integrity, cause body injury or material damage, destroy natural resource, the environment or cultural heritage with intent to…intimidate the public, provoke a situation of terror…disrupt the national functioning of public services…create widespread insecurity in the country, shall be punished with a death penalty…”

Those facing trial are;

• Lawyer Felix Agbor Balla – human rights activists and one of the lawyers leading talks with government during the last 3 months.
• Dr. Fontem Neba – University Professor and leader of the teacher’s union in higher education institutions.  He had also been part of negotiations with government since October.
• Mr. Penn – staff of CCAST Bambili one of Cameroon’s most well-known secondary school facilities and presumed to be a member of the teachers’ union
• Mr. Bibixy Mancho – a popular radio show host who played an active part in the protests
• Justice Paul Ayah – Former parliamentarian and magistrate, is Deputy Attorney General in Yaounde, the capital of Cameroon.
• Justice Sokem Ngale Mborh – Attorney General for the South West Region.

Cameroon’s opposition leader Kah Walla, has appealed on the Cameroonian public to spread the news of the illegal arrest and prosecution to the world.She writes;

http://cameroon-concord.com/headlines/7690-cameroon-military-tribunal-set-to-begin-trial-of-arrested-anglophone-activists

Greece: The Law Society of Upper Canada expresses grave concern about the harassment of lawyer Electra Koutra in Greece

January 30, 2017

The Law Society of Upper Canada

The Law Society of Upper Canada* expresses grave concern about the harassment of lawyer Electra Koutra in Greece.

Electra Koutra is a human rights lawyer who has experienced harassment as a result of her advocacy on behalf of several Syrian refugees.

It has come to our attention that on September 27, 2016, several Syrian refugees between the ages of 13 and 16 were on their way to a cultural centre to take part in a theatrical performance about their lives in Syria when they were intercepted by Greek police and taken into custody on suspicion that they were members of an armed group.

Electra Koutra represented the children and their parents as they attempted to report the incident and file a complaint. When precluded from doing so, she posted a statement on her Facebook page, disclosing that the children had been ill-treated by the police and that their attempt to lodge a complaint had been blocked. The Facebook post went viral and culminated in an order for a criminal pre-investigation into the incident.

Shortly thereafter, Electra Koutra experienced several acts of harassment. She and a colleague were served a court summons in which they were listed as “suspects” in the said case. When they demanded access to the case file, a right granted under Greek law to “suspects”, the summons was re-issued with Electra Koutra and her colleague described as “witnesses”. One day later, two men in civilian clothes – later identified as police officers – broke into her apartment. Electra Koutra reported the incident and requested that the Head of Prosecutors remove her home address from the case file in order to protect her family. Her request was denied. Instead, her request for family protection was added to the case file, resulting in her address being even more publicly available. Additionally, an internal document leaked to the press indicated that the police were increasing security measures to avoid a strike against the police itself in response to Electra Koutra’s report concerning the break-in into her home.

http://www.lsuc.on.ca/newsarchives.aspx?id=2147485737&cid=2147503474

http://www.lsuc.on.ca/newsarchives.aspx?id=2147485737&cid=2147503474&langtype=1036 (FRANCAIS)

Azerbaijan: The Law Society of Upper Canada expresses grave concern about the harassment of lawyer Elchin Sadigov in Azerbaijan

January 30, 2017

The Law Society of Upper Canada

The Law Society of Upper Canada* expresses grave concern about the harassment of lawyer Elchin Sadigov in Azerbaijan.

Elchin Sadigov is a prominent criminal lawyer in Azerbaijan whose clients include several prisoners of conscience and other individuals who have faced politically motivated charges.

It has come to our attention that on November 2, 2016, Elchin Sadigov was threatened by an investigator from the Main Organized Crime Department (MOCD) of the Ministry of the Interior after he disclosed, in an interview, information about the alleged torture of his client, journalist Fikret Farmazoglu, by MOCD staff. Fikret Farmazoglu is currently detained at the MOCD. Reports indicate that the investigator told Elchin Sadigov that he would “pay a high price” for accusing the MOCD of torture.

Since the November 2, 2016 incident, Elchin Sadigov and his family have faced additional harassment and intimidation, including a media article accusing Elchin Sadigov of having an affair with Fikret Farmazoglu’s wife, the hacking of his Facebook page and the creation of fake accounts using his name. In addition, police interrogated Elchin Sadigov’s brother and asked for information about Elchin Sadigov’s wife and children. It is our understanding that police later told Elchin Sadigov that they had received a request to collect data about him and his family, but declined to disclose the reasons.

The Law Society is deeply concerned about Elchin Sadigov’s case. Reports indicate that there have been a growing number of cases of harassment, intimidation and persecution of human rights defenders and human rights lawyers by Azerbaijani authorities in recent years. We believe strongly that lawyers should be able to exercise their legitimate duties without fear for their lives, for their liberty and for their security.

http://www.lsuc.on.ca/newsarchives.aspx?id=2147485737&cid=2147503473&langtype=1033

http://www.lsuc.on.ca/newsarchives.aspx?id=2147485737&cid=2147503473 (FRANCAIS)

Tajikistan: The Law Society of Upper Canada expresses grave concern about the convictions of lawyers Buzurgmehr Yorov and Nuriddin Makhkamov in Tajikistan

January 30, 2017

The Law Society of Upper Canada

The Law Society of Upper Canada* expresses grave concern about the convictions of lawyers Buzurgmehr Yorov and Nuriddin Makhkamov in Tajikistan.

It has come to our attention that on October 6, 2016, prominent human rights lawyers Buzurgmehr Yorov and Nuriddin Makhkamov were convicted and sentenced to 21 and 23 years in prison, respectively, on charges of fraud, swindling, “arousing national, racial, local or religious hostility” and extremism. They have also been banned from practising law for five years following the completion of their prison sentences.

Human rights organizations believe that both lawyers’ arrests and subsequent convictions are tied to their representation of members of the Islamist Renaissance Party of Tajikistan (“IRPT”). The IRPT was banned by the government of Tajikistan in September 2015 and later declared a terrorist organization.

According to reports, Buzurgmehr Yorov was arrested on September 29, 2015, while Nuriddin Makhkamov was arrested shortly thereafter on October 22, 2015. It has been reported that during his pre-trial detention, Nuriddin Makhkamov was placed in solitary confinement for three days when he went on a hunger strike to protest his arbitrary detention.

Reports have further indicated that authorities systematically interfered with Buzurgmehr Yorov and Nuriddin Makhkamov’s right to counsel and severely restricted public access to the trials. Moreover, it is alleged that the prosecution presented no credible evidence against either lawyer.

The Law Society of Upper Canada urges the government of Tajikistan to comply with Tajikistan’s obligations under international human rights laws, including the United Nations’ Basic Principles on the Role of Lawyers.

http://www.lsuc.on.ca/newsarchives.aspx?id=2147485737&cid=2147503476

http://www.lsuc.on.ca/newsarchives.aspx?id=2147485737&cid=2147503476&langtype=1036 (FRANCAIS)

Zambia/UK: IBAHRI concerned by arrest of human rights lawyers in Zambia

January 30, 2017

The International Bar Association’s Human Rights Institute is concerned by the recent arrest of human rights lawyer Oliver Holland in Zambia. Mr Holland, a lawyer with London-based law firm Leigh Day, was escorted to Chingola Central Police Station and detained without charge after conducting meetings with clients of a class action lawsuit in Zambia on Tuesday 10 January.

Mr Holland was meeting with clients from village communities regarding a lawsuit filed by 1,800 Zambian villagers against UK-based mining multinational Vedanta Resources and its Zambia-based subsidiary, Konkola Copper Mines (KCM). Both companies have been accused by villagers of being responsible for polluting their water sources and farm land, resulting in illness, death and low crop yields.

Mr Holland was initially detained under the Public Order Act which prohibits meetings of more than three people without a police permit. However, the very nature of Mr Holland’s work – representing 1,800 villagers with limited access to alternative means of communication – requires that he update his clients via group meetings involving around 100 to 150 people at a time.

After being detained for four hours, Mr Holland was informed that he was instead charged under the Penal Code Act for Unlawful Assembly. Upon being offered to have the charge reduced to a misdemeanour and a fine if he agreed to the offence, Mr Holland accepted and was released.

The Commanding Officer of the Police Station informed Mr Holland that he would have to seek a police permit before meeting with his clients in future. In order for Mr Holland to consult his clients the next day he was required to not only request a permit, but also consent to the presence of an undercover armed police officer at the meetings.

http://www.ibanet.org/Article/NewDetail.aspx?ArticleUid=95105251-9113-4e97-8d17-4be463e23a73

http://bigstory.ap.org/article/cf02183c2e1748dd8611aced6c951f4d/british-lawyer-briefly-detained-zambias-copper-region

https://www.lawgazette.co.uk/practice/leigh-day-demands-answers-after-lawyer-arrest-in-zambia/5059366.article

http://ukzambians.co.uk/home/2017/01/13/british-lawyer-detained-in-chingola-for-probing-kcm-pollution/lawyer-oliver-holland/