Daily Archives: 22/06/2017

India: Arrested ex-judge Karnan brought to Kolkata, taken to Presidency jail

June 21, 2017

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Arrested former Calcutta High Court judge CS Karnan was today brought here from Chennai and taken to the Presidency correctional home (jail).

A team of state CID officers brought him by an Air India flight, a senior police officer said.

Karnan, who had been evading arrest since the May 9 Supreme Court order awarding a six-month jail term, was arrested last night by a team of West Bengal CID from a private resort at Malumichampatti, about six km from Coimbatore, where he was “hiding” for the past few days.

“His medical tests were completed at the airport and he was taken straightaway to the jail”, the officer said.

Tight security arrangements were made at the airport where senior police officers, including Kolkata Police commissioner Rajeev Kumar, were present.

The former high court judge was brought to Chennai from Coimbatore by a private airline past midnight yesterday and later accommodated in the retiring room in the airport complex amid tight security.

http://timesofindia.indiatimes.com/city/kolkata/ex-hc-judge-karnan-brought-to-kolkata-taken-to-presidency-jail/articleshow/59254750.cms

http://www.ndtv.com/india-news/justice-retired-karnan-complains-of-chest-pain-taken-to-hospital-1715368

http://www.thehindu.com/news/national/justice-karnan-hospitalised-for-medical-tests/article19126828.ece

Justice Karnan taken to hospital for another round of tests

Justice Karnan case highlights needs for protecting integrity of judiciary

http://www.thehindu.com/news/national/karnan-a-long-history-of-confrontation-with-colleagues/article19120825.ece

http://www.thenewsminute.com/article/following-arrest-ex-judge-karnan-complains-chest-pain-admitted-hospital-64073

http://www.freepressjournal.in/analysis/justice-karnans-case-a-boost-for-equality/1089943

http://www.oneindia.com/india/justice-karnan-still-hospital-after-complaints-chest-pain-2475679.html

UK: SRA prosecution was ‘political game’ to attack human rights – Day

June 22, 2017

Leigh Day senior partner Martyn Day has suggested his prosecution by the Solicitors Regulation Authority was part of a ‘bigger picture of a political game’ aimed at muzzling human rights defenders.

Martyn day

Martyn Day

 

Day, along with his firm and solicitors Sapna Malik and Anna Crowther, was cleared earlier this month of 19 allegations brought by the SRA. The tribunal was the longest of its kind, lasting seven weeks, and is estimated to have cost at least £9m.

During the hearing, correspondence between the SRA and the government was disclosed, including letters exchanged between defence secretary Sir Michael Fallon and SRA’s chief executive. Day says the extent to which the government influenced the prosecution was unclear, but he maintains there was a ‘very strong political element’ to the case.

‘We always felt very strongly that the Ministry of Defence in particular, but all the way up to the prime minister, him and then herself, they had a very big political battle to fight attacking the Human Rights Act, attacking human rights lawyers and we were the right people at the right time as far as they were concerned, Day told the Gazette. ‘This all became a part of that bigger picture of a political game.’

Day, in his first interview since the verdict, admitted that the firm made mistakes in failing to spot the significance of documents, and he stressed it will be more cautious in future, without affecting the nature of the work it does. The firm will also review the training and guidance given to lawyers in relation to document handling.

He thanked colleagues in the profession for their messages of goodwill and said there was a sense of the wider importance of the case.

‘I have had messages not just from human rights lawyers in the UK but abroad: people saying they would be really worried that the atmosphere is changing about lawyers operating in the human rights field internationally and that they have been delighted that we have been able to successfully bat off these allegations,’ the 60-year-old added. ‘I think it has been seen as being a major case not just in this country but internationally.’

The SRA has said it will consider whether to appeal the tribunal decision once the written judgment is published in August. The issue of costs will also be considered after that date.

https://www.lawgazette.co.uk/law/sra-prosecution-was-political-game-to-attack-human-rights-day/5061665.article

https://www.theguardian.com/law/2017/jun/22/martyn-day-no-need-apologise-british-soldiers-over-iraq-claims

https://www.thetimes.co.uk/article/slagged-off-lawyer-turns-on-ministers-hfnj3vzf3

https://www.thetimes.co.uk/article/lawyer-of-the-week-patricia-robertson-qc-3cp6dcn2d

UN/ICJ: UN Human Rights Council adopts resolutions on independence of judges & lawyers

June 22, 2017

The ICJ welcomes the adoption today, by consensus, of two UN Human Rights Council resolutions on the independence of judges & lawyers.

The Human Rights Council adopted the biannual resolution on independence of judges and lawyers, including a number of new elements on the theme of independence of lawyers and the legal profession. In particular, the resolution highlights the ongoing threats against and interference with the independence of lawyers and the ability of lawyers to fulfil their professional functions, including in relation to human rights.

The resolution reaffirms and builds on the UN Basic Principles on the Role of Lawyers.

The Human Rights Council also unanimously renewed the mandate of the Special Rapporteur on Independence of Judges and Lawyers for a further period of three years.

The unofficial text of the two resolutions are available in PDF format below:

https://www.icj.org/hrc35resolutionijl/

Pakistan: prominent Human Rights Defender Asma Jahangir threatened

June 22, 2017

Pakistani authorities need to ensure a prompt, impartial and effective investigation into a barrage of assaults and threats against lawyers in the premises of the Lahore High Court, the ICJ, Human Rights Watch and Amnesty International said today.

The Government needs to defend the rule of law and prosecute those responsible for any criminal conduct.

On 20 June, during proceedings of a case involving the alleged abduction and subsequent “disappearance” of a 26-year old woman and her two-year old son, supporters of the accused, a prominent lawyer, physically assaulted the complainant’s counsel Shabbir Hussain and Usama Malik, and made abusive remarks and threats against another member of the complainant’s legal team, Noor Ejaz Chaudhry.

The attackers were mostly lawyers and members of the local bar association.

The attackers also made abusive and threatening remarks against Asma Jahangir (photo), a notable human rights lawyer, Honorary Commissioner of the ICJ, and former President of the Supreme Court Bar Association.

Asma Jahangir was not present in the court but was represented by her legal team comprising of Shabbir Hussain, Usama Malik, Mian Liaquat Ali and Noor Ejaz Chaudhry.

“The legal profession is one of the pillars of the administration of justice. It is deeply worrying that instead of discharging their responsibility to uphold the rule of law, certain lawyers would resort to threats and violence in a clear attempt to obstruct justice,” said Ian Seiderman, ICJ’s Legal and Policy Director.

https://www.icj.org/pakistan-prominent-human-rights-defender-asma-jahangir-threatened/

https://www.hrw.org/news/2017/06/22/pakistan-investigate-assault-lawyers

http://dailytimes.com.pk/punjab/22-Jun-17/dig-told-to-report-on-missing-woman-lawyer-by-june-30

https://www.pakistantoday.com.pk/2017/06/22/lawyers-supporting-accused-murderer-attack-victims-lawyers-family/

https://tribune.com.pk/story/1440672/beaten-black-blue-lawyers-thrash-advocate-appearing-pbc-member/

https://www.dawn.com/news/1340862

https://www.samaa.tv/pakistan/2017/06/lhcba-lawyers-alleged-supporters-thrash-opposing-counsel-during-court-hearing-abuse-asma-jahangir/

https://www.pakistantoday.com.pk/2017/06/22/hrcp-condemns-attack-on-asma-jahangirs-associates/

https://tribune.com.pk/story/1441419/misogyny-at-the-bar/

https://www.thenews.com.pk/print/212329-Mocking-the-law

https://www.frontlinedefenders.org/en/case/human-rights-lawyers-verbally-and-physically-abused-court

https://www.thenews.com.pk/print/212596-Attack-on-lawyers-condemned

http://dailytimes.com.pk/punjab/24-Jun-17/former-scba-president-decries-attack-on-asmas-team

https://en.wikipedia.org/wiki/Asma_Jahangir

http://www.advocatenvooradvocaten.nl/lawyers/asma-jahangir/

Egypt: Arrest, arbitrary detention and ill-treatment of Mr. Tarek Hussein

June 20, 2017

OMCT LogoOMCT logo

URGENT APPEAL – THE OBSERVATORY

EGY 001 / 0617 / OBS 066

Arrest /Arbitrary detention /Ill-treatment

Egypt
The Observatory for the Protection of Human Rights Defenders, a partnership of FIDH and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Egypt.
Description of the situation:
The Observatory has been informed by reliable sources about the arrest, arbitrary detention and ill-treatment of Mr. Tarek Hussein (known as Tito), human rights activist and lawyer at the Egyptian Center for Economic and Social Rights (ECESR)[1].

According to the information received, on June 17, 2017, at dawn fifteen masked officers and plain clothes officers from the Central Security Forces stormed out Mr. Tarek Hussein’s house, arrested him and confiscated his laptop and cell phone. During his arrest, Mr. Tarek Hussein requested to see the arrest warrant but was not shown any and was physically and verbally assaulted instead, including upon his arrival at Khanka’s police station.

He was subsequently brought before the Al-Khanka District Prosecution, where he was accused of “joining an illegal organization” and “calling for a protest”.

On June 18, 2017, the Al-Khanka District Prosecution ordered Mr. Tarek Hussein’s release on a 2000 EGP (approx. 99 euros) bail, which has been duly paid. However, as of publication of this appeal the latter had not been released yet and is still held at Khanka’s police station.
In addition, allegations of ill-treatment including physical and verbal assault were reported while in detention. It has been reported that Mr. Tarek Hussein is being detained in poor conditions which include sharing an overcrowded cell with eighty co-detainees, and being denied food and changing clothes for two consecutive days. Mr. Hussein’s relatives, who have been in contact with the prison’s authorities, were told that “he deserves to die”.

Mr. Tarek Hussein’s arrest and arbitrary detention occur amidst protest over Tiran and Sanafir islands’ transfer to Saudi Arabia, which he has been vocally opposing[2].

The Observatory is extremely concerned about the ongoing arbitrary detention of Mr. Tarek Hussein despite the Court order to release him on bail. The Observatory believes his arrest and arbitrary detention are linked to his human rights activities and consequently urges Egyptian authorities to immediately and unconditionally release him, and withdraw the accusations against him.

http://www.omct.org/human-rights-defenders/urgent-interventions/egypt/2017/06/d24395/

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A letter to the head of the lawyers’ syndicate from the lawyer, and vice-secretary of Freedom in Al Dostour Party, Tarek Hussien, detained since the dawn of Sunday despite a prosecutor’s decree to release him on bail: [Translation]

Mr. Sameh Ashour, head of the lawyers’ syndicate, my warmest greetings. I write these words to you on the fifth day of my detention by the Ministry of Interior and the third day of my illegal detention despite the general prosecutor’s decision to release me on bail on Sunday June 18th 2017. Before I tell you what happened during these days may I remind you of your words to us during the pledge ceremony for the new members of the syndicate “A lawyer cannot be lower in standing than a judge or a deputy prosecutor, as we are partners in the justice system”.
On the first day of my detention I was blindfolded for four hours and during the interrogation I was asked about my job so I said I am a lawyer and I am registered in the lawyers’ syndicate as they replied “syndicate… let the syndicate do you any good then”. On the second day and after my return to Al Khanka police station after the prosecution’s decision to release me I was assaulted and beaten by one of the junior officers in the station. When he found out I was a lawyer he increased his insults. On the fourth day I spent 19 hours in an inhumane transport van that took me at 6:00 am from Al Khanka police station to New Banha court to Abu Zabal Prison to Al Khalifa detention then to Zainhoum court and then to Al Salam police station then to Al Marg police station and finally it arrived in Ain Shams police station at 1 am. 19 continuous hours of torment while I tumbled inside a metal box that is melting under a harsh sun after days of deprivation from food, water and rest. As a result I vomited blood more than once.
After the prosecutions’ decree to release me on bail on Sunday June 18, 2017, Al Khanka police station decided to prevent the execution of the decree in realization of the threats of some of the officers to keep me detained for a long time and prevent me from spending Bairam with my family. Consequently they discovered a variety of charges against several people who share my name in the municipalities of Cairo, Giza, Alexandria and Marsa Matrouh! They alleged that they are verdicts against me and with an insidious frameup they tormented me by my putting me on “rounds” to the stations of Ain Shams, Al Daher, Imbaba, Al Marg, Nasr City, Al Montaza in Alexandria and Al Hamam in Marsa Matrouh to prove that I am not the alleged accused. It is crystal clear that these verdicts have nothing to do with me and some of them go back to when I was a child of five years old! Another of them accuses me of profligacy of martial assets when I was fifteen years!
Dear Mr. Head of Syndicate, I regress to remind you of what you said to us during the pledge ceremony “A lawyer cannot be lower in standing than a judge or a deputy prosecutor, as we are partners in the justice system” and I ask you to exercise every possible effort to implement it in reality and that the syndicate should move to stop this insidious plot unlawfully targeting a lawyer who is registered in your syndicate and to empower me with my legal rights to release as soon as possible so I could spend Bairam with my family, which is the least I deserve.
Thank you
Lawyer/ Tarek Hussien

(Facebook)

http://www.shorouknews.com/news/view.aspx?cdate=22062017&id=22c24534-c8ac-41ca-8b80-f5d31ea8207c (ARABIC)

http://www.almasryalyoum.com/news/details/1151575 (ARABIC)

https://egyptianstreets.com/2017/06/22/egypt-approves-extension-of-state-of-emergency-for-three-months/

http://www.euromedrights.org/human-rights-behind-bars-in-egypt/?platform=hootsuite

https://www.frontlinedefenders.org/en/case/rights-lawyer-detained-abused-despite-bail-granted

https://www.theguardian.com/world/2014/jun/22/disappeared-egyptians-torture-secret-military-prison?CMP=twt_gu

http://www.idhae.org/observatoire-fr-page4.1.egy180617.htm (FRANCAIS, SIGNEZ LA PETITION!)

http://www.euromedrights.org/fr/activistes-droits-humains-prison-egypte/ (FRANCAIS)

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المحامي الحقوقي طارق حسين لا يزال قيد الاحتجاز التعسفي منذ 17 يونيو، بالرغم من صدور قرار بإخلاء سبيله.
#الحرية_لطارق_حسين

https://www.amnesty.org/ar/

India: 4th IAPL All India Conference 24-25 June 2017, Hyderabad

June 22, 2017

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INDIAN ASSOCIATION OF PEOPLE’S LAWYERS (IAPL)
4th All India Conference
24th & 25th June, 2017,
Sundarayya Vignana Kendram, HyderabadIndian Association of People’s Lawyers (IAPL), founded in 2004, is a constituent of International Association of People’s Lawyers. International Association of People’s Lawyers has its Headquarters in the Netherlands. Its founding Congress was in 2000 in Doorn, Netherlands, which was attended by lawyer-members from Belgium, Netherlands, Germany, Mexico, Colombia, Nepal, Turkey, Philippines, India and a few other countries.The founding conference of IAPL was held in Mumbai in 2004 attended by some 70 lawyers. The second and third All India Conferences were both held in Nagpur on 25th and 26th March 2006 and 8th & 9th January 2011 respectively. Justice (Retd) H. Suresh, Justice (Retd) Michael Saldhana, Justice (Retd) Ajit Shah, Justice (Retd) Rajinder Sachar, Adv. P. A. Sebastian, Adv. Dr. Mukul Sinha, Adv. Indira Jaising and Adv. Prashant Bhushan were some of the speakers who actively participated in past Conferences.

The fourth All India Conference

The fourth All India Conference of IAPL will be held in Hyderabad on 24th & 25th June, 2017 (Emergency day) in the background of the recent recommendations of the Law Commission to criminalize lawyer’s strikes or abstention from court work. The right to strike flows from the fundamental right to association and protest. Like most of the oppressed sections in India, the right to protest and collectively bargain is being criminalized and gradually eroded. Draconian legislations such as the Unlawful Activities (Prevention) Act, Sedition, Armed Forces Special Powers Act and various Public Security Acts are being used to suppress the struggling people and dissenting voices. Thousands of such people’s activists, lawyers or Human Right Defenders have been labeled as ‘terrorists’ or ‘anti-Nationals’ and incarcerated under such Acts. The Conference will deal with this aspect of suppression of the people’s right to protest and the use of so-called anti-terror laws in the context of social and political peoples’ movements and the Kashmiri people’s resistance.
On the other hand State Surveillance has been steadily increasing. In the name of ‘National security’, the citizen’s right to privacy is being brutally suppressed. The blatant example is the UID (Aadhaar) project ̶ a story of coercion, rampant illegality and outrageous contempt of court orders. The UID project forces the citizen into choicelessness, destroying the idea of consent, while the State assumes power over the body and data of every person, which it then allows Corporate interests to use. The Conference also seeks to examine and discuss whether this Surveillance signifies a new Emergency.

IAPL Invites You

IAPL and International Association of People’s Lawyers take up issues regarding struggling people, whether peasants, workers, indigenous people, women, whichever section they may be. We approach such organizations and find out what legal problems they face and do their cases inside & outside courts as circumstances demand. IAPL has as its members lawyers, law students and para-legals who believe in and work towards creation of a just and egalitarian society and provide legal support to people’s struggles to live with human dignity.

On Saturday, 24th June 2017, IAPL members will discuss about the situation and issues prevailing in their respective States and formulation of a collective program for the future.
On the second day i.e. Sunday, 25th June 2017 we will begin the discussion with a key note address by Justice (Retd) Abhay Thipsay and followed with inputs by: Justice (Retd) H. Suresh; Adv. Parvez Imroz, (President, JKCCS) on “Situation of Lawyers in Kashmir”; Dr. Usha Ramanathan on “UID, Surveillance and the New Emergency?”; Prof. Srikrishna Deva Rao (VC, NLU Odisha), on “Social Movements and the Judiciary”; Adv. Mohamad Shareef (Peoples’ Movement against UAPA) on “‘Terror’ related cases and the Judiciary” and Adv. Rajvinder Singh Bains on “Civil Liberties and the Judiciary”.

IAPL does not receive any finances from funding agencies. It is only through members’ and well-wishers’ contributions that its activities are conducted. Hence, IAPL has fixed a registration fee of Rs. 200/- (for Advocates) and Rs. 100/- (for students/para-legals) for attending and participating in the Fourth All India Conference.

We invite lawyers to attend and participate in the Fourth All India Conference of IAPL to make it a success.

For further details please contact:

Surendra Gadling [09604298307],
M. Venkanna [09440496422],
Arun Ferreira [09769287956],
D. Suresh Kumar [07780458082],
Ankit Grewal [09988102122].

Adv. Sudha Bharadwaj
Vice President, IAPL

(https://www.facebook.com/IAPLIndia/)

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India: Mumbai: Hema Upadhyay, Harish Bhambhani murders planned 2 months before crime

June 21, 2017

Chintan is accused of plotting his wife Hema's murder

The crime branch, which is investigating the murder case of artist Hema Upadhyay and her lawyer Harish Bhambhani, filed a supplementary chargesheet of around 200 pages on Tuesday. In it, the police have said that they suspect the plan to kill Hema and Harish was hatched two months prior to the murder.

The statement of witness Rizwan Sayyed, which has been attached to the chargesheet, says that in October 2015, he received a call from absconding accused Vidyadhar Rajbhar, asking him to make two wooden boxes for a few statues he wants to export. Sayyed charged Rs 15,000 for three boxes and told Rajbhar that he will deliver it to his shop, to which Rajbhar said he will get a tempo and take them once they’re ready. On October 30, 2015, Rajbhar collected the box. He gave Sayyed two cheques and both bounced.

http://www.mid-day.com/articles/hema-upadhayay–harish-bhambhani-murders-planned-2-months-before-crime/18357166

Kandivli Double Murder: Rajbhar had ordered wooden boxes to dispose of bodies 2 months before crime, say Police