Daily Archives: 16/05/2017

India: The Method And The Manner of Punishing Justice Karnan Raises Questions of Law of Great Public Importance

May 16, 2017


Commanding respect and not demanding is the central virtue of Courts administering justice. Supreme Court of India, being the Apex Court of the land has a constitutional responsibility to set an example in cultivating such a virtue.

The method and the manner in which a sitting judge of Calcutta High Court Sri Justice C.S.Karnan has been convicted for contempt of Supreme Court and sentencedon May 9, 2017, to imprisonment for six months by a Seven Judges Bench of Supreme Court which includes Chief Justice of India JS Khehar and Hon’ble Sri. Justices Dipak Misra, J Chelameshwar, Ranjan Gogoi, Madan B Lokur, Pinaki Chandra Ghose, and Kurian Joseph, raises questions of great public importance. Examination of these questions is necessary to preserve and promote the trust, faith, and confidence of the common people in the judiciary.

No matter what happens in the case further to the sentencing on May 9, 2017, the record of the case at Supreme Court as it exists up to and including May 9, 2017, requires examination to see if there is sufficient valid material before Supreme Court to justify issue of contempt of court notice and sentencing to imprisonment, and whether the orders passed by the seven judges bench are well reasoned and whether those orders are just and fair.

Constructive criticism of judgements and orders of courts is permissible without attributing motives to the judges. This established position in law is the foundation for venturing to analyse the orders and decisions of Supreme Court of India leading to the punishment of a sitting judge of Calcutta High Court for the alleged contempt of Court.













Turkey: New Indictment Charges 135 Turkish Military Jurists Over Alleged Gülen Links

May 16, 2017

A new indictment, filed by the Chief Prosecutor’s Office in Ankara to the 16th Heavy Penal Court on Tuesday, has charged 135 military judges and prosecutors of being member of Gülen movement in Turkey’s military justice system.

According to the indictment, covered by pro-gov’t media, a document titled “martial rule directives”, which was reportedly released by alleged coup plotters during the failed coup attempt on July 15, 2016, the 135 military jurists were appointed to “martial rule courts” following the coup attempt.

The indictment has also claimed that the suspects entered the military’s judiciary system between 2009 and 2014 after clearing exams “under suspicious circumstances.” Indictments charges 135 military jurists with attempts “to violate Turkey’s constitutional order”, “being member to an armed terrorist organization”, “forging official documents and fraud.”

The indictment also said a lawsuit would be opened against a former Turkish Information and Communication Technologies Authority (BTK) expert on charges of leaking exam questions to the suspects. The Ankara 16th heavy penal court has been urged to hand out life sentences of more than 45 years in prison to the 136 suspects.

According to the reports, out of the 136 suspects, 123 are in custody, three are on the run and 12 were released under judicial control. 31 judges and prosecutors working at Turkish military courts were also indicted based on the same “martial rule directives” document and the trial of the case began on Monday.

Over 145,000 people, including over 4,272 judges and prosecutors (the most recent figures compiled by Turkey Purge shows the number as 4,424), have been purged from state jobs in Turkey due to their alleged ties with the Gülen movement. Turkey’s Interior Minister Süleyman Soylu has announced on April 2 that 2,575 judges and prosecutors have been imprisoned in Turkey since July 15, 2016.




Egypt: Speak out for women’s rights defender Azza Soliman

Image result for lawyer Azza Soliman

Every day, Azza Soliman risks her own safety and freedom to defend survivors of abuse in Egypt.

Azza bravely speaks out for victims of torture, arbitrary detention, domestic abuse, and rape. She co-founded the centre for Egyptian women’s legal assistance and later Lawyers for Justice and Peace to give much-needed legal aid, support, and literacy lessons for women in poverty and survivors of abuse.

Because of their courageous and selfless work, Azza and other Egyptian Human Rights Defenders have been labelled as spies and national security threats. They have been targeted with smear campaigns and government surveillance – and security forces and pro-government media constantly harass them. Many of them face up to life in prison, as a result of the politically motivated court case known as ‘Case 173’.

Recently, Azza was arrested and interrogated. She now faces charges such as slandering Egypt’s image by claiming that women in the country face rape. She has been banned from travel, her assets have been frozen – and she could be sentenced up to 15 years in prison.

Stand with the brave: sign the petition to get all charges against Azza and Egyptian human rights defenders immediately and unconditionally dropped, and travel bans and asset freezes issued against them revoked.

We will collect your signatures and hand them into the President of Egypt.






https://www.amnesty.it/appelli/difendi-coraggio-azza-soliman/?utm_source=DEM&utm_medium=Email&utm_campaign=DEM3983 (ITALIANO)

https://www.amnesty.it/appelli/difendi-coraggio-azza-soliman/?utm_source=social&utm_campaign=coraggio17 (ITALIANO)

https://www.amnesty.fr/peine-de-mort-et-torture/petitions/soutenez-azza-soliman-defenseure-des-droits-des-femmes?utm_medium=reseaux-sociaux&utm_source=facebook (FRANCAIS)

https://www.fidh.org/fr/themes/defenseurs-des-droits-humains/intervention-sur-les-defenseurs-des-droits-humains-en-afrique (FRANCAIS)

Image may contain: one or more people and text

世界各地的人权卫士们正在遭受袭击、折磨、监禁… 你我都可以在自己身上找到一点点勇气,与人权捍卫者们一起对抗不公不义。 #勇敢 #brave

(国际特赦组织中文 Amnesty International Chinese Facebook)

China/USA: US Congress to hear cases of detained Chinese rights lawyers, Taiwanese NGO worker

May 16, 2017

wives wife

The wives of three Chinese human rights lawyers and a Taiwanese NGO worker who are detained in mainland China will testify at a US Congress hearing Thursday afternoon.

The four women are: Lee Ching-yu, wife of Taiwanese NGO worker Lee Ming-cheh; Chen Guiqiu, wife of rights lawyer Xie Yang; Jin Bianling, wife of ex-lawyer Jiang Tianyong; and Wang Yanfang, wife of lawyer Tang Jingling.

Their testimonies will be presented before the House of Representatives Subcommittee on Africa, Global Health, Global Human Rights, and International Organisations. The witnesses will be hosted by Christian human rights NGO ChinaAid in Washington DC.

Congressman Ed Royce said the hearing aims to “examine the torture, disappearances, and detention of human rights lawyers and democracy advocates in China,” according to a press release from the NGO.

The three wives of the imprisoned Chinese rights lawyers are already living in the United States. While Jin Bianling relocated long before her husband was arrested last year, Chen Guiqiu was only confirmed to have arrived in Texas last week after escaping through Thailand.






https://www.terra.es/noticias/mundo/asia/policia-china-publica-video-de-un-abogado-bajo-detencion-para-negar-torturas,1a68a3532ee77b80e3cb6c6409ff0f90lopu1x90.html (ESPANOL)

http://blog.boxun.com/hero/201511/tengb/2_1.shtml (CHINESE)

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Pakistan: Lawyer shot dead in Sheikhupura

May 16, 2017

Female lawyer shot dead in Sheikhupura

Two identified persons shot and killed a woman, who was later found out to be a lawyer, in Hiran Minar, Sheikhupura.

According to the police, the lawyer, Alia Shehzadi, was going to the local court when unidentified persons shot her dead Tuesday morning. Shehzadi was a resident of an area near Hiran Minar.

The district bar association has announced a strike to protest killing of the lawyer.

Around two months back, a local lawyer was gunned down near Nankana Sahib.

Advocate Malik Saleem Latif was on his way to a local court on a motorbike along with his son Advocate Farhan, when the former was targetted and shot at by “unidentified attackers”.

The deceased was a relative of Nobel laureate Abdus Salam.

The murder sparked outrage in the legal fraternity that boycotted the courts.




Turkey: Turkish parliament set to elect 7 top judges to board of judges, prosecutors

May 16, 2017


A parliamentary voting process to attain seven members of the 13-membered Board of Judges and Prosecutors (HSK) is set to begin on May 16, amid opposition parties’ disapproval of the voting and claims that 21 members to be attained to the board are affiliated to political parties.

The parliament’s General Assembly is set to convene on May 16 in order to elect seven members among 21 candidates to the HSK in a two-round voting process.

The parliament’s joint commission assessed 83 candidates and decided on 21 names on May 10 to be submitted to the parliamentary vote.

The voting will take place with two sessions in a secret ballot. In the first round, 367 of 550 votes will be sought to elect a candidate, while in the second round 330 votes will be determinant to mark the name.

[HH] Opposition parties protest voting

The AKP and the opposition Nationalist Movement Party (MHP) are supporting the election process; however their votes are enough to elect the top judges in the second tour, making other opposition parties’ votes futile.

Meanwhile, the main opposition Republican People’s Party (CHP) and the Peoples’ Democratic Party (HDP) are protesting the voting process, with both sides saying that they will not partake in any process that could amount to “legitimizing the constitutional amendment.”


India: Militants Threaten SC Lawyer Fighting Against Manipur CM’s Son to Drop Case

May 15, 2017

A Supreme Court lawyer appearing for a 21-year-old man who was allegedly murdered by Manipur chief minister N. Biren Singh’s son has written a letter to the Union home secretary alleging that he received a message from militant groups asking him to drop the case.

In March 2011, Biren’s son, N. Ajay, was accused of shooting Irom Roger after an altercation on Holi near Imphal’s Tulihal airport. Owing to public pressure, the then state government handed over the case to the CBI two months later. In January 2017, an Imphal sessions court held 33-year-old Ajay guilty of “homicide not amounting to murder” under section 304 (2). Ajay has challenged the order in the high court and has applied for bail. He has since been in Sajiwa central jail.

In his letter to the home secretary on May 3, Utsav Singh Bains said he received a WhatsApp call on March 22, at around 3.30 am. “The person who spoke in broken English with a Manipur accent, said that he’s calling from PLA (Peoples Liberation Army), Manipur and NSCIM (NSCN-Isak-Muivah) and that I shouldn’t go ahead with the case of Irom Rogers, who was murdered by the son of the present chief minister N. Biren Singh. I couldn’t understand what was PLA or NSCIM during the call but later when I searched for both on Google, I came to know that PLA is terror organisation operating in the North East but couldn’t find clarity as to NSCIM. Later during the day (March 22), I informed [the] superintendent of police (CID) Imphal, Manipur, about the threatening calls,” the letter said.

Bains told the media that he decided not to visit Imphal after the call and tried engaging lawyers from the Manipur high court. He said all the lawyers he contacted “refused to be associated with the case as they feared for their lives.” Thereafter, Bains went to Imphal “inspite of the threat”.





China: ‘If I lose my freedom’: How China’s human rights defenders are preemptively resisting forced confessions

May 16, 2017

xie yang

On May 3, police in Yunnan abducted human rights lawyer Chen Jiangang. He was forced to drive with security over 3,000 kilometres back to Beijing. He remained in their custody for over 80 hours, coincidentally missing the trial of his client, Xie Yang, whose torture he had exposed in January.

At his trial, Xie Yang “admitted” to having been brainwashed by foreign agents, and on Hunan state TV he repeated that he had sensationalised cases and denied that he had been tortured. Xie Yang had anticipated his forced confession.

Xie, detained in July 2015, wrote in a January 2017 affidavit, “If, one day in the future, I do confess – whether in writing or on camera or on tape – that will not be the true expression of my own mind. It may be because I’ve been subjected to prolonged torture, or because I’ve been offered the chance to be released on bail…” Soon after his trial, Xie was released on bail, but he is not free.

It seems police abducted Chen Jiangang to ensure his silence during Xie’s trial, but as soon as he was taken, reasonable fears circulated that he would be “disappeared”. Like Xie Yang, Chen’s understanding of the cruelty of China’s police state bred prescience. Three months earlier he had recorded a video statement to be released if he lost freedom. It was published on the China Change website soon after he was taken.

A sombre five minutes, Chen states that he has committed no crimes and won’t accuse others. Any spoken, written, or video confession will only have been made under duress, threat, or torture. If, in the future, he ends up on television accusing others or revealing names, he asks for forgiveness. Emotionally, he ends with, “If I am seized, dear kids, your father loves you. If I lose my freedom, release this video.”


Nigeria: Court fines Gov. El-Rufai N50,000 for breaching lawyer’s right to life

May 15, 2017

Kaduna State High Court 9 presided by Hon. Justice Esther Lolo, Monday asked Governor Nasir Ahmed El-Rufai of Kaduna state to pay N50,000 as fine to one Barrister Gloria Mabeiam Ballason in suit nos KDH/KAD/164/17 between her and the governor.

The court also restrained the governor from arresting, prosecuting and jailing the young lawyer for expressing her published opinion in a Nigerian newspaper.

The case which was first mentioned on 1st March, 2017 was filed by the Applicant’s Lagos- based lawyers, Messrs Matthew Burkaa & Co.

Ballason had an array of prominent lawyers numbering 36. They include tough Human Rights Lawyer, Festus Okoye Esq, the Chairman Nigeria Bar Association, (NBA), Kaduna Branch, Ndasule Sherrif Esq, B.L. Aliyu Esq, Reuben James Esq ( Former 3rd national Vice President of the NBA), Mark Jacob ( Former Attorney General of Kaduna State), Timothy Kambai Esq, Mike Nwakanma Esq, Sule Shuaibu Esq, James Kanyip Esq, M.T. Mohammed Esq , Bavo Nyan Esq et al.

According to her lawyers, Mallam Nasir El-Rufai, the Governor of Kaduna State had threatened to arrest and prosecute Gloria for her civic activities including an opinion article she wrote on November 28th, 2016 in her column in the Blueprint Newspaper.