Daily Archives: 23/02/2018

Maldives: authorities must end assault on the legal profession

February 23, 2018

ICJ

As the assault on the rule of law and human rights under the state of emergency in the Maldives continues, the ICJ expressed concerned about government reprisals taken against lawyers for performing their legitimate professional functions.

The ICJ urged the Maldivian authorities to stop obstructing the work of lawyers and respect the independence of the legal profession.

The ICJ called on the government to immediately lift the state of emergency, revoke the “suspension” of human rights protections, release judges of the Supreme Court and persons detained for political reasons, and ensure the independence of the judiciary.

On 22 February, the Department of Judicial Administration, the administrative arm of the Maldivian judiciary, suspended lawyer Hussain Shameem for an indefinite period of time, citing an ongoing investigation against him.

“No lawyer should be subject to persecution for carrying out their professional duties. Lawyers like Hussain Shameem are indispensable in ensuring human rights protection and upholding the rule of law in the Maldives, especially during a state of emergency,” said Frederick Rawski, ICJ’s Asia-Pacific Director.

The decision to suspend Shameem came only days after the Maldivian police launched an investigation against him for “obstruction of justice” and “obstruction of the administration of law and other government function”.

https://www.icj.org/maldives-authorities-must-end-assault-on-the-legal-profession/

https://raajje.mv/en/news/27469

https://raajje.mv/en/news/27403

https://raajje.mv/en/news/27025

https://raajje.mv/en/news/27063

https://avas.mv/en/45233

https://avas.mv/en/44854

http://vnews.mv/95885

http://www.alcmaldives.com/service/hussain-shameem/

http://www.newindianexpress.com/world/2018/feb/23/maldives-president-abdullah-yameen-loses-support-of-top-law-officers-1777846.html

https://timesofindia.indiatimes.com/world/rest-of-world/maldives-sc-approves-extension-of-emergency-for-30-days/articleshow/63033131.cms

https://avas.mv/en/45284

https://raajje.mv/en/news/27486

https://raajje.mv/en/news/27525

https://timesofindia.indiatimes.com/world/south-asia/india-must-lead-international-efforts-to-restore-democracy-in-maldives-former-vice-president/articleshow/63064064.cms

https://raajje.mv/en/news/27540

https://raajje.mv/en/news/27567

https://au.news.yahoo.com/world/a/39340921/maldives-opposition-seeks-un-mediated-talks-to-end-crisis/

http://www.dailymirror.lk/article/Fact-finding-team-sent-to-Maldives-deported-LAWASIA-146530.html

India: Nalapad Assault Case: Victim’s lawyer seeks protection, cites threat to life

February 22, 2018

Karnataka MLA NA Haris

Special prosecutor in the Nalapad assault case, Shyamsunder has written to the Bengaluru police commissioner seeking protection for himself and his family. After Shyamsundar’s request, the police immediately began patrolling around his home.

Mohammed Haris Nalapad, also Bengaluru District Youth Congress General Secretary, was sent to judicial custody till March 7 after he attacked an individual over putting up banners during Rahul Gandhi’s Bengaluru visit.

On Wednesday, Judge of the 8th ACMM Court remanded Mohammed Nalapad and his six associates to Judicial Custody till March 7 for brutally assaulting a person.

Commenting on the matter, senior BJP leader R Ashoka said he was shocked that a lawyer could not argue a case in court without fear. “Is there democracy in Karnataka?” Ashoka asked.

Mohammed Nalapad and his six associates are lodged at the Parappana Agrahara Central prison in the city. Nalapad had gone absconding after the assault and was untraceable for almost 36 hours after the incident took place on Saturday night. He surrendered before the Cubbon Park police on Monday morning.

https://www.indiatoday.in/india/story/nalapad-assault-case-victim-s-lawyer-seeks-protection-cites-threat-to-life-1175573-2018-02-22

http://www.news18.com/news/india/nalapad-assault-case-special-prosecutor-alleges-threat-to-life-from-congress-mlas-son-1669269.html

Turkey/Austria: Pressekonferenz der Plattform Rechtsstaat: Yücel-Anwalt und Wiener Experten kritisieren “Zurückhaltung” des EGMR

21/02/18

Der Anwalt des Journalisten Deniz Yücel, Veysel Ok, und führende Rechtsexperten haben scharfe Kritik am Europäischen Gerichtshof für Menschenrechte (EGMR) geübt. Dessen Zurückhaltung gegenüber Ankara werde “schlimme Folgen” haben, sagte Ok am Mittwoch bei einer Pressekonferenz im Vienna International Press Center des ÖJC in Wien. Der Wiener Rechtsprofessor Hannes Trettersieht in dieser Frage die Glaubwürdigkeit des EGMR insgesamt in Gefahr.

Das über die Einhaltung der Europäischen Menschenrechtskonvention wachende Straßburger Gericht, sei “die letzte Burg, von der aus man die Meinungs- und Pressefreiheit (in der Türkei) verteidigen kann”, sagte der Yücel-Anwalt. Trotzdem sei der EGMR bisher untätig geblieben, und habe so die in der vergangenen Woche erfolgte Verurteilung der Journalisten Mehmet und Ahmet Altan zu lebenslanger Haft zugelassen. Ein Jahr sei seit den Beschwerden der Journalisten, darunter auch der am Freitag auf massiven Druck aus Deutschland freigelassene Yücel, vergangen. “Der EGMR wusste, dass es die Verurteilungen geben wird. Trotzdem hat er bisher keine Entscheidung getroffen. Das wird schlimme Folgen für die Journalisten in der Türkei haben”, kritisierte Ok.

Tretter berichtete, dass bis Ende Mai 2017 18.000 Beschwerden gegen die Verfolgungswelle nach dem gescheiterten Putschversuch in der Türkei beim EGMR eingegangen seien. Nur in einem Fall hätten die Richter die Türkei zu einer Stellungnahme aufgefordert. 280 Fälle seien zurückgewiesen worden.

http://www.oejc.at/index.php?id=32&L=-1%27%25&tx_ttnews%5Btt_news%5D=74&cHash=6f3a8c7bea0f253efcb2e24960e5f7be

https://diepresse.com/home/ausland/aussenpolitik/5375914/Tuerkei_Anwaelte-und-Experten-kritisieren-Zurueckhaltung-des-EGMR

https://derstandard.at/2000074719684/Kritik-an-Untaetigkeit-des-Gerichtshofs-fuer-Menschenrechte-zu-Tuerkei

http://ipahaber.com/2018/02/21/aihm-neyi-bekliyor/ (TURKCE)

India: P’KHEMUNDI LAWYER HELD ON WARRANT

February 23, 2018

Image may contain: 1 person, close-up

The Paralakhemundi police have arrested lawyer Upendra Nayak on capacity of a non-bailable warrant issued by the R Udayagri JMFC Court.

A team led by ASI SN Purohit arrested Nayak from his residence at Badagouda Sahi in the city.  After arrest, he was forwarded to the JMFC Court at R Udayagiri, according to information.

Meanwhile, the Campaign against Fabricated Cases and the PUCL have approached the Odisha Human Rights Commission against arrest of Nayak. “We are deeply concerned that advocate Upendra Nayak was arrested on charges seditions, waging war against State, unlawful activities prevention charges etc.  65-year-old Nayak is a regular legal practitioner and ventured to defend the defenceless tribes who are languishing in jails in Gajapati district. His arrest violates rights of lawyers. Therefore, we request that the matter be inquired by the own agency of the OHRC and the State Government be directed to take necessary steps for withdrawal of prosecutions against Nayak,” demanded a memorandum sent to the OHRC.

Biswapriya Kanungo of the Campaign Agaisnt Fabricated Cases and Promodini Pradhan of the PUCL undersigned the memorandum, among others.

http://www.dailypioneer.com/state-editions/bhubaneswar/pkhemundi-lawyer-held-on-warrant.html

https://timesofindia.indiatimes.com/city/bhubaneswar/senior-lawyer-arrested-for-maoist-links/articleshow/63025685.cms

https://www.nyoooz.com/news/bhubaneswar/1040318/senior-lawyer-arrested-for-maoist-links/

http://www.dailypioneer.com/todays-newspaper/adviser-to-cm-confirms-assault-on-cs.html

CONDEMN THE ARREST OF ADVOCATE UPENDRA NAYAK BY THE ODISHA POLICE!

RELEASE ADV. NAYAK IMMEDIATELY AND UNCONDITIONALLY!

23rd February 2018

The Indian Association of People’s Lawyers condemns the arrest of peoples’ advocate Upendra Nayak by the Paralakhemundi police, Odisha on the night of 20th February 2018. He was produced before the Mohana, Gajapati Judicial Magistrate on 21st February and subsequently sent to R. Udaygiri Jail. Shockingly, he has been arrested in ten criminal cases under serious charges like sedition, waging war against the State and provisions of the Unlawful Activities (Prevention) Act, wherein he himself was the advocate defending the accused.

Advocate Nayak is more that 65 years of age and a regular legal practitioner in the courts of Gajapati. One of the southern districts in Orissa, Gajapati is where Adivasis constitute 51 percent of the population in the district. Advocate Nayak has been defending innocent tribals of Gajapati who have been arrested in fabricated and false cases under the name of anti-Maoists operations. Apparently he has been sent to jail for his alleged involvement in the ten cases. All registered way back in 2009 and 2010 in which he successfully defended number of innocents including Arati Majhi, Pasanti Patamijhi, Munita Lakshmi and the trial ended in acquittals. The case of Arati Majhi is well documented by the Women against Sexual Violence and State Repression (WSS) (https://wssnet.files.wordpress.com/…/arati-majhi-case-from-…

).However this type of arrest wherein the State has identified a lawyer with the cause of his client, is becoming a common practice in so-called terrorist cases or Maoist trials. IAPL had observed in earlier fact findings to Chhattisgarh and Madurai how Advocates Rekha Praganiya and A. Murugan had been arrested in criminal cases in which they themself had been defending other accused. Special ant-terror laws such as UA(P)A with broad and vague definitions of conspiracy, association and culpability often help the State to do so.

This practice is in violation of the “Basic Principles of the Role of Lawyers, 1990” (Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders) which clearly states that “Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions”. By hindering Advocate Nayak to fearlessly practice his profession and defend his client, the State has also violated Article 19(1)(g) of the Constitution, a fundamental right, that guarantees a person the right to practice any profession.
IAPL demands:

1. RELEASE Adv Upendra Nayak immediately and unconditionally.
2. STOP identifying lawyers with the causes of their clients.
3. REPEAL the draconian Unlawful Activities (Prevention) Act

Signed,
Adv. Surendra Gadling, General Secretary, IAPL
Adv. Sudha Bharadwaj, Vice-President, IAPL

(IAPL – Indian Association of People’s Lawyers 23/02/18 Facebook)

https://countercurrents.org/2018/02/23/condemn-arrest-advocate-upendra-nayak-odish-police/

Pakistan: Advocate Ehsan Ali released on bail amid protests

February 22, 2018

Amid widespread protests in Gilgit-Baltistan and parts of Pakistan, advocate Ehsan Ali, the detained President of Supreme Court Bar Association and founding leader of Awami Action Committee, was released from jail by an anti-terrorism court (ATC) here on Monday.

Accepting Ehsan Advocate’s bail application, the ATC Judge, Raja Shahbaz, ordered the release of the lawyer leader whose arrest over sharing of a post on Facebook had triggered national and international outcry.

Awami Workers Party, several leftist groups, and lawyers community of Gilgit-Baltistan had been protesting for the last week against the detention of Advocate Ehsan Ali.

A protest was held at Skardu on February 14 against the illegal detention of Advocate Ehsan Ali. The protest was jointly organised by Baltistan Student Federation (BSF), Imamia Students Organisation (ISO) and Gilgit-Baltistan Youth Alliance (GBYA).

The protesters stated that the allegations are concocted and were registered with the intention of persecuting Ehsan Ali for his political activism.

Advocate Ehsan Ali, who was also the former head of Awami Action Committee (ACC) was arrested on February 12 on the charge of re-sharing an allegedly ‘Anti-Religion” post on social media.

https://www.aninews.in/news/world/asia/advocate-ehsan-ali-released-on-bail-amid-protests201802222102240001/

http://www.business-standard.com/article/news-ani/advocate-ehsan-ali-released-on-bail-amid-protests-118022201223_1.html

http://www.indianews-today.com/news/advocate-ehsan-ali-released-on-bail-amid-protests

https://www.siasat.com/news/advocate-ehsan-ali-released-bail-amid-protests-1321995/

https://www.thenews.com.pk/print/283559-a-symbol-of-political-sanity

https://www.thenews.com.pk/print/283138-dangerous-politics

https://www.eurasiareview.com/27022018-pakistan-where-islamabad-sees-terrorists-gilgit-baltistan-analysis/