Daily Archives: 19/12/2017

Congo: Congo-B: l’avocat Steve Bagne Botongo présenté devant un juge d’instruction

le 19 décembre, 2017

Au Congo-Brazaville, l’avocat Steve Bagne Botongo a été présenté au juge d’instruction pour la première fois ce lundi 18 décembre. Le juge lui a notifié son inculpation pour atteinte à la sûreté intérieure de l’Etat et propagation de fausses nouvelles.

Me Steve Bagne Botongo a été arrêté le 27 novembre dans son cabinet, en violation du principe d’inviolabilité du cabinet de l’avocat. Les barreaux de Brazzaville et de Pointe-Noire s’étaient mis en grève pour demander sa libération immediate. La grève a été levée lundi 18 décembre pour permettre à ses avocats de l’assister. Ce même lundi, le juge a également confirmé son maintien en detention préventive, ce que regrette Me Thomas Djolani, l’un de ses défenseurs.

Cette procédure est partie d’une arrestation illégale, parce qu’il a été arrêté dans son cabinet.
Maître Thomas Djolani, avocat de Steve Bagne Botongo
19-12-2017 – Par Carine Frenk

 

http://www.rfi.fr/afrique/20171219-congo-b-avocat-steve-bagne-botongo-presente-devant-juge-instruction

http://www.journaldebrazza.com/article.php?aid=10412

http://www.congopage.com/Climat-de-terreur-generalisee-au-Congo-Brazzaville

https://lesechos-congobrazza.com/societe/3900-congo-l-avocat-steve-bagne-botongo-a-ete-presente-au-juge-d-instruction-pour-atteinte-a-la-surete-interieure-de-l-etat

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Levée de la grève des avocats:

Suite à la présentation de l’avocat Steve Bagne Botongo au juge d’instruction pour la première fois ce lundi 18 décembre pour lui notifier son inculpation pour atteinte à la sûreté intérieure de l’Etat et propagation de fausses nouvelles, la grève des avocats a été levée.

Néanmoins Me Steve Bagne Botongo est maintenu en détention préventive au grand regret de Me Thomas Djolani, son avocat.

(BrazzaNews Facebook, le 19 décembre, 2017)

Fair Trials International: Fair Trials intervention highlights essential role of lawyer

December 19, 2017

justice

The right to a lawyer is, for anyone accused of a crime, the gateway to a fair trial. Most people going through the legal system aren’t experts, and it can be a terrifying and confusing experience. That’s why the presence of someone who understands the system is so important.

Fair Trials has submitted an intervention in the case of Beuze vs. Belgium, which could have wide-ranging effects on the right to early access to a lawyer in criminal cases across Europe.

The right to a lawyer is a key element of international and regional standards for a fair trial. In 2008, the European Court of Human Rights concluded in Salduz v Turkey that while there may sometimes be compelling circumstances that justify denying someone access to a lawyer, anything that a suspect says without a lawyer present cannot be used for the purpose of convicting them at trial. This groundbreaking decision had a significant impact. Individual EU states amended their criminal procedure codes; the EU passed its own law making the Salduzprinciple directly enforceable in member states’ courts; and police across the EU were required to recognise that bypassing a suspect’s right to a lawyer was futile, as any evidence collected would be worthless.

But the post-Salduz wave of reform hit the rocks in September 2016, when the Court allowed concerns about security threats to push it off course. A case involving four men convicted of terrorism offences, following a failed attack on the London Underground in July 2005 (Ibrahim and Others v UK), came before the Court. In line with UK law, the four men were refused legal representation during initial “safety” interviews. The Court had to decide whether this refusal—and the subsequent use of evidence collected during those initial interviews—represented a violation of the defendants’ right to a fair trial.

Fair Trials, in its submission to the Court,  did not take issue with the denial of access to a lawyer—after all, it was believed the four accused knew the whereabouts of unexploded bombs and that taking their initial statements promptly could help prevent an attack. However, the submission argued that the evidence obtained during the interviews should not have been used in the subsequent criminal trials.

https://www.fairtrials.org/fair-trials-intervention-highlights-essential-role-of-lawyer/

India: Hindi edition of IAPL booklet on Attacks on Lawyers in Chhattisgarh is released

December 19, 2017

The Hindi edition of the Indian Association of People’s Lawyers booklet on “Attacks on Lawyers in Chhattisgarh” being released on Human Rights Day in Raipur at the Award ceremony of the KG KANNABIRAN MEMORIAL AWARD. The Chhattisgarh PUCL had set up these awards to carry on the brave and bold tradition of K G Kannabiran in challenging the combined might of an authoritarian State, global Corporations, and religious fanatics, who are out-and-out to demolish the secular-socialist-democratic fabric of the Indian Constitution.

(IAPL – Indian Association of People’s Lawyers Facebook)

http://www.countercurrents.org/2017/01/25/fact-finding-report-on-attack-on-lawyers-in-chhattisgarh-released/

AN EXPERIENCE OF Advocate Anubha Rastogi IN COURT

“A female, a lawyer, practicing for the past 14 years, have had all kinds of stuff thrown at me because I am a female lawyer, sometimes it was because of the people I represented sometimes because I did good job, shockingly, inspite of being said female lawyer.
There have been umpteen attempts at intimidation in court, infact there was a trial where the job of around 10-15 male lawyers was to only sit and intimidate me while in court by constantly and continuously staring at me.
What had never happened before was the ‘accidental’ touch. It happened today in full court, while I was arguing. I say accidental in quotes because to me it did not appear to be accidental and was purposely done only to distract me from my case.
The ‘accidental’ touch by the lawyers for the accused, the apology and my response by asking the lawyers for the accused to move aside and let me have the space I am entitled to while arguing my case and then my continuation of arguments. This is what happened.
I intend to speak up as the message needs to be loud and clear that there is no tolerance for this behaviour, and at the same time I will not let the purpose behind this harassment be fulfilled.
I say this here because I want it to be known that this happens day in and day out, and that its not ok to keep quite about it and its also not so simple to talk about it.”

CONDEMN SEXUAL HARASSMENT AT THE WORKPLACE, INCLUDING THE COURTS!!

(IAPL – Indian Association of People’s Lawyers Facebook)

Turkey/UK: Heavy jail terms for Turkey’s arrested lawyers

December 18, 2017

Two lawyers held under Turkey’s clampdown on the legal profession following last year’s attempted coup have received heavy prison sentences, campaigners have reported.

According to the website arrestedlawyers.org, Melih Dikayak a member of the Izmir Bar Association, was sentenced to seven and half years on a charge of being member of an armed terrorist organisation. Izmir High Penal Court found that he had downloaded an i-message app, Bylock, which encrypts communications.

Meanwhile Ersin Cosman, a member of Sivas Bar Association, was sentenced to six years and three months by Sivas High Penal Court, on a similar charge.

Since 15 July 2016, 102 lawyers in Izmir have been prosecutred. So far, three members (Feti Ün, Ali Aksoy, Melih Dikayak) of the Izmir Bar Association have been sentenced to terms ranging from three and 12 years.

Cosman’s sentencing brings to 10 the number of members of the Sivas Bar Association jailed, for terms ranging from three to nine years.

Several thousand members of the legal profession were rounded up following a failed military coup in 2016. International bar associations, including the Law Society, have raised concerns over the arrests. Tony Fisher, chair of the Society’s human rights committee said that morethan 500 lawyers have been arrested since the attempted coup and more than 1,350 are subject to criminal prosecution.

https://www.lawgazette.co.uk/news/heavy-jail-terms-for-turkeys-arrested-lawyers/5064078.article

Turkey: Jailed Turkish Lawyer Arslan, Award Winning Head Of Dissolved YARSAV, Faces Groundless Charges

December 18, 2017

Jailed lawyer Murat Arslan, president of the now dissolved Association for the Union of Judges and Prosecutors (YARSAV), who won the Parliamentary Assembly of the Council of Europe’s (PACE) 2017 Vaclav Havel Human Rights Prize, was accused by Birol Erdem, a former Advisor at Turkish Prime Ministry, of being member of the Gülen movement as he was listened to as a witness at his trial on Monday.

Erdem claimed that Arslan, whom he had met before the elections of Supreme Board of Judges and Prosecutors (HSYK) that was held in 2010, told him that “We have 300-400 of our people,” by referring to the Gülen movement, while Aslan said that “Birol Erdem, who has done everything on behalf of the movement, is now witnessing here,” he spoke.

According to a report published by pro-government Doğan news agency (DHA), Murat Arslan and his lawyers attended the hearing in the Ankara 25th High Criminal Court. In the trial, Bülent Yücetürk, who lost the elections of YARSAV against Arslan, Birol Erdem, the former Advisor at the Prime Ministry, Ömer Faruk Eminaoğlu, YARSAV’s founder, and Erdal Konukçu, the Auditor General were heard as witnesses.

https://stockholmcf.org/jailed-turkish-lawyer-arslan-award-winning-head-of-dissolved-yarsav-faces-groundless-charges/

https://www.coe.int/en/web/portal/-/vaclav-havel-human-rights-prize-2017-awarded-to-murat-arslan

https://www.cnnturk.com/turkiye/murat-arslanin-tutukluluguna-devam-karari (TURKCE)

Italy: Intimidazione ai danni di un avvocato, assemblea straordinaria della Camera Penale

18/12/17

È stata convocata per mercoledì prossimo, 20 dicembre, nella sede del Consiglio dell’Ordine degli Avvocati, al Palazzo di Giustizia di via XXX Gennaio, un’assemblea straordinaria della Camera Penale “G. Rubino” di Trapani.

L’incontro vuole essere un’occasione di riflessione aperta anche agli avvocati non soci e ai magistrati, per discutere sull’intimidazione avvenuta ai danni dell’avvocato Antonino Vallone e delle iniziative da assumere.
“Ennesimo attentato a un avvocato – commenta Salvatore Alagna, presidente della Camera Penale di Trapani – bersaglio questa volta Antonino Vallone del Foro di Trapani, con studio in Alcamo. Ignoti malviventi hanno appiccato il fuoco al portone dello studio ove, con altri colleghi, esercita la professione.
Ennesimo attacco all’Avvocatura, ennesimo episodio sintomatico di una mentalità generalizzata che o individua nel difensore la causa delle proprie disgrazie o, negli avvocati, i difensori di delinquenti – rammento le minacce a difensori di persone incolpate di reati eclatanti di sangue e di violenza – ignorando che l’avvocato, al di là dell’esito del suo impegno professionale, è e resta il paladino dei diritti di chiunque a lui si affida. Occorre comprendere che l’Avvocatura ha due priorità da perseguire e cioè l’assoluta dedizione agli interessi dei propri assistiti e l’assoluta lealtà alla legge e ai doveri deontologici. Priorità che, contemperandosi, fanno assurgere l’Avvocatura a custode di legalità.

http://www.trapanioggi.it/intimidazione-ai-danni-di-un-avvocato-assemblea-straordinaria-della-camera-penale/

http://www.tvio.it/2017/12/18/camera-penale-trapani-convocata-assemblea-straordinaria-atto-intimidatorio/

http://www.tp24.it/2017/12/17/cronaca/alcamo-fuoco-portone-studio-legale-unauto/116012

(Antonino Vallone is a Sicilian lawyer.  Unkown criminals burnt the door of the building where his law firm is located.  This attack is most likely related to the activity as criminal defense lawyer and to the common opinion that links lawyers to the conduct of their clients.  In response a special meeting of the local criminal Bar association was held.)