Daily Archives: 24/04/2017

China: Letter of concern with regard to our colleagues/Chinese lawyers in detention and to the situation of their relatives

April 24, 2017

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Eight lawyers groups and bar associations cosigned an open letter to Guo Shengkun, Minister of Public Security in China, and copied it to Zhang Jun, the Minister of Justice, expressing their concerns on police treatments of the family, and the reports of alleged torture experienced by lawyers in detention.

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Ministry of Public Security
Guo Shengkun
Buzhang Gonganbu
14 Dongchangan Jie
Dongcheng Qu
Beijing Shi 100741
People’s Republic of China
Email: gabzfwz@mps.gov.cn

Geneva, 24th of April 2017

Letter of concern with regard to our colleagues/Chinese lawyers in detention and to the situation of their relatives

Dear Minister Guo Shengkun (郭声琨),

We, the undersigned, express grave concern about the continued mistreatment of detained lawyers in China since July 2015 and the increased harassment and surveillance imposed on their relatives.

Information has been reported about sustained surveillance and continued threats that are imposed respectively on Ms. Wang Qiaoling, wife of detained lawyer Li Heping and on Ms. Li Wenzu, wife of detained lawyer Wang Quanzhang. We understand that CCTV cameras have been installed in front of their home and that they are followed wherever they go, intimidated by the police, constantly surrounded by unidentified men and threatened of being taken away. Attempts to ostracize and to crush lives of relatives of detained lawyers is of great concern to us.

In addition, we remain also preoccupied with the health condition of lawyers who remain detained since July 2015 awaiting their trial. Lawyer Li Heping and lawyer Wang Quanzhang remain without access to their family or to defence lawyers of their choice. No information about their wellbeing was communicated since their disappearance. We share similar concerns with regard to the situation of lawyers Xie Yang and Jiang Tianyong.

Reported information earlier this year about mistreatment and torture, to which detained lawyers are exposed, increases our anxiety. According to the concluding observations of the United Nations Committee against Torture which reviewed China in 2015, the “residential surveillance under a designated location” regime amounts to incommunicado detention and is unlawful. It further increases the risk of mistreatment and torture.

We call on the Chinese government to abide by its laws and Constitution as well as to its international commitments with regard to human rights obligations by ensuring that the judicial process is conducted in full compliance with the basic principles of due process and fair trial as well as in compliance with the United Nations Convention against Torture and the Basic Principles on the Role of Lawyers which provide specific safeguards for lawyers when discharging their functions.

We also urge the Chinese authorities to stop harassing and intimidating family members of detained lawyers as well as their own defence lawyers.

We remain concerned about the fate of its colleagues in China and the wellbeing of their families and friends. We will continue to watch closely the development of the situation as it evolves.

Yours sincerely,

The International Observatory of Lawyers in Danger
The Geneva Bar Association
UIA (International Association of Lawyers)
ACAT
LAWYERS FOR LAWYERS
Institut des droits de l’Homme du barreau de Paris
Conseil des barreaux européens
Barreau de Paris

Copy:
Ministry of Justice
Minister of Justice Mr. Zhang Jun (张军)
No. 10 Chaoyangmen Nandajie,
Chaoyang District, Beijing
People’s Republic of China
Post Code: 100020
Email: minister@legalinfo.gov.cn ; sfbzfxx@sina.com

(Chr Lawyers Facebook)

http://www.avocatparis.org/lettre-ouverte-en-soutien-aux-avocats-chinois

France: Un avocat relaxé pour ses textos à un détenu

le 24 avril, 2017

Un avocat condamné en 2015 à 2000 euros d’amende pour avoir envoyé des textos à un de ses clients, qui se trouvait en prison, a été relaxé aujourd’hui par la cour d’appel d’Amiens, dans la Somme.

“La cour a considéré que le jugement de première instance devait être infirmé. William Julié a été relaxé sans aucune difficulté procédurale ultérieure parce que le parquet lui-même a requis la relaxe”, a affirmé Me Hubert Delarue.

“Au bénéfice d’une question prioritaire de constitutionnalité, il a été considéré que le fondement du texte qui avait justifié la condamnation de M. Julié était contraire à la Constitution“, a expliqué Me Delarue.

William Julié avait envoyé quelques textos à l’un de ses clients qui se trouvait à la maison d’arrêt de Liancourt, dans l’Oise, “qui consistaient à dire qu’il était débordé, qu’il ne pouvait pas aller le voir en prison et que ce serait sa collaboratrice qui allait assurer sa défense”.

“Il faudra qu’un jour la justice se mette au goût du jour des moyens de communication modernes vu le temps qu’on perd parfois dans les maisons d’arrêt pour faire passer des messages d’administration judiciaire”, a estimé Me Hubert Delarue.

http://www.lefigaro.fr/flash-actu/2017/04/24/97001-20170424FILWWW00255-un-avocat-relaxe-pour-ses-textos-a-un-detenu.php

http://www.leparisien.fr/societe/un-avocat-relaxe-en-appel-apres-avoir-envoye-des-textos-a-un-client-en-prison-24-04-2017-6885723.php

http://www.bfmtv.com/police-justice/lille-condamne-pour-avoir-envoye-des-textos-a-un-detenu-un-avocat-relaxe-en-appel-1150051.html

China: [‘709 Crackdown’] Latest data and development of cases as of 1800 21 April 2017

April 21, 2017

As of 18:00 21 April 2017, at least 320 lawyers, law firm staff, human right activists and family members have been questioned, summoned, forbidden to leave the country, held under house arrest, residential surveillance, criminally detained, arrested or missing.

Statistics by category*:

•Residential surveillance at designated location: 1 person
•Detained pending for trial: 8 persons
•Released on bail: 15 persons
•Bail conditions lifted: 11 perosons
•Sentenced and case closed: 6 persons
•Forbidden to leave the country: 41 persons
•Temporarily detained, forcibly questioned/ summoned: 264 persons
•Charge dropped: 1 person
* 23 individuals are listed under two categories; 2 individuals are listed under three categories

http://www.chrlawyers.hk/en/content/%E2%80%98709-crackdown%E2%80%99-latest-data-and-development-cases-1800-21-april-2017

ProtectDefenders.eu: #DefendersNotCriminals – ProtectDefenders.eu 2016 Annual Meeting

April 20, 2017

 

ProtectDefenders.eu 2016 Annual Beneficiaries’ Meeting, held in Brussels on the 29 November 2016 under the motto “Defending Human Rights is not a crime – #DefendersNotCriminals“.

Turkey: Woman Looking After Disabled Children Alone As Prosecutor Husband Under Arrest For 270 Days

April 24, 2017

Hacer Çakmak is only one of the hundreds of thousands of people who found themselves facing tremendous difficulties after the government started a desperate crackdown on the Gülen movement in the aftermath of a July 15, 2016 coup attempt.

She is a mother of three children, two of them disabled, and the wife of a Turkish judge Seyfullah Çakmak who has been under arrest in Kocaeli’s Kandıra Prison for 270 days.

Her two disabled children have been suffering from a genetic disease and they are in persistent vegetative state, however they are not able to benefit from public health insurance as the father’s bank account and assets were seized and his health coverage was canceled.

Hacer Çakmak has sent a letter to the Justice Held Hostage platform, a newly-established blog page aimed to spread the word by sharing personal stories of the judicial members who were victimized in the aftermath of the July 15, 2016 coup attempt.

What follows is the full text of the letter:

“Letter from Hacer Cakmak, wife of Seyfullah Cakmak,

My husband Seyfullah Cakmak, a former public prosecutor in Kocaeli [province], was arrested on 17 July 2016 and since has been kept in the Kocaeli No. 2 T-Type Prison. He has been imprisoned for 270 days with regard to the FETÖ investigations. 

For the last 37 days, he has been kept in solitary confinement. He is only allowed one hour access to fresh air and he is not allowed to do his exercise rights with a company. 

http://stockholmcf.org/woman-looking-after-disabled-children-alone-as-prosecutor-husband-under-arrest-for-270-days/

http://stockholmcf.org/wife-jailed-former-prosecutor-heavy-cancer-patient-needs-urgent-health-care/

https://turkeypurge.com/woman-looking-after-disabled-children-alone-as-prosecutor-husband-under-arrest-for-270-days