Daily Archives: 04/05/2018

Israel/USA: Detained and Then Deported: U.S. Human Rights Lawyers Barred from Entry into Israel

May 2, 2018

Two U.S. human rights lawyers were detained Sunday for 14 hours at Tel Aviv’s Ben Gurion International Airport before being deported back to the United States. Columbia University’s Katherine Franke and Center for Constitutional Rights executive director Vincent Warren were repeatedly questioned about their associations with groups critical of Israel. They were part of a delegation of American civil rights activists heading to Israel and Palestine to learn about the human rights situation and meet with local activists. They arrived back in New York City early Monday. This comes just days after Israeli soldiers shot and killed three Palestinian protesters and wounded hundreds more on Friday, when the soldiers and snipers opened fire during the Palestinians’ weekly nonviolent protest near the Gaza border. On Saturday, a fourth protester died after succumbing to his wounds. The nonviolent protests demanding the right for Palestinian refugees to return to their land began on March 30. Since then, the Israeli military has killed at least 42 Palestinians, including two journalists, and injured thousands more. For more, we speak with Vincent Warren, executive director of the Center for Constitutional Rights, and Katherine Franke, professor of law, gender and sexuality studies at Columbia University.

https://www.democracynow.org/2018/5/2/detained_and_then_deported_us_human

Israel bars human rights lawyers from the USA

https://yubanet.com/usa/center-for-constitutional-rights-ed-and-board-chair-both-denied-entry-into-israel/

http://www.abajournal.com/news/article/leaders_of_the_center_for_constitutional_rights_are_denied_entry_into_israe

https://www.haaretz.com/israel-news/.premium-two-leading-u-s-human-rights-activists-deported-from-israel-1.6052515

http://mondoweiss.net/2018/05/officials-constitutional-detained/

https://972mag.com/israel-denies-entry-to-prominent-american-civil-rights-leaders/135059/

Israel at 2018 UPR session denies restricting human rights defenders

http://www.jewishpress.com/news/us-news/israel-expels-2-american-activists-over-ties-to-bds/2018/05/05/

https://www.insidehighered.com/quicktakes/2018/05/07/columbia-professor-barred-israel

http://www.law.columbia.edu/faculty/katherine-franke

https://www.dreuz.info/2018/05/03/bravo-israel-deux-gauchistes-anti-israeliens-interroges-pendant-14-heures-a-laeroport-ben-gourion-puis-expulses/ (FRANCAIS)

France/ECHR: Liberté d’expression des avocats : la France condamnée pour violation de l’article 10 de la Convention

le 4 mai, 2018

La condamnation d’un avocat à un avertissement pour avoir, juste après le prononcé d’un verdict, imputé à un jury criminel une partialité résultant de préjugés raciaux, est jugée contraire à l’article 10.  

 

En 2003, un jeune homme perdit la vie à la suite d’une course-poursuite avec un gendarme. Jugé en 2003 pour violences volontaires ayant entraîné la mort sans intention de la donner, ce dernier fut acquitté et le requérant, avocat de la partie civile, prononça les paroles suivantes juste après le verdict : j’ai « toujours su qu’il [l’acquittement] était possible. Un jury blanc, exclusivement blanc, où les communautés ne sont pas toutes représentées (…) la voie de l’acquittement était la voie royalement ouverte, ce n’est pas une surprise ».

Convoqué devant le conseil de discipline des barreaux du ressort de la cour d’appel de Montpellier pour avoir manqué aux principes déontologiques essentiels de sa profession, notamment de délicatesse et de modération, par des propos tenus publiquement et imputant à la cour et aux jurés une partialité raciale, l’avocat fut relaxé. Saisie par le procureur général, la cour d’appel estima au contraire que les manquements déontologiques étaient caractérisés et prononça un avertissement contre le requérant. En 2012, la Cour de cassation rejeta son pourvoi estimant que les paroles litigieuses, prononcées en dehors du prétoire, n’étaient pas couvertes par l’immunité judiciaire bénéficiant aux avocats dans l’exercice de leurs fonctions (Civ. 1re, 5 avr. 2012, n° 11-11.044, D. 2012. 1017  ; ibid. 2013. 136, obs. T. Wickers  ; AJ pénal 2012. 479, obs. C. Porteron  ; JCP 2012. 733, note J.-M. Brigand).

Devant la Cour de Strasbourg, le requérant invoquait une violation de l’article 10 de la Convention européenne qui protège le droit à liberté d’expression. Passant au crible du paragraphe 2 de l’article 10 l’ingérence subie par l’avocat dans l’exercice de cette liberté, la Cour européenne conclut à son caractère disproportionné et donc à la violation de la Convention.

https://www.dalloz-actualite.fr/flash/liberte-d-expression-des-avocats-france-condamnee-pour-violation-de-l-article-10-de-convention#.WuxcfoiFPIU

https://www.doctrine.fr/d/CEDH/HFJUD/CHAMBER/2018/CEDH001-182177

Egypt/USA: School of Law commencement ceremony is May 11

May 3, 2018

School of Law commencement

SIU [Southern Illinois University] men’s basketball coach Barry Hinson will deliver the keynote address during commencement ceremonies for the SIU School of Law on May 11.

The commencement ceremony for 98 graduates is at 3 p.m. in Shryock Auditorium. The graduates include two who will receive a joint J.D./Master of Business Administration degree and one who will receive a joint J.D./M.D. degree. Chancellor Carlo Montemagno will confer degrees at the ceremony led by Christopher W. Behan, School of Law acting dean.

Ceremony will also recognize Egyptian human rights lawyer

Mahienour El-Massry will be recognized with the law school’s Rule of Law citation. The citation is a formal recognition by the law school faculty of the important tradition of the legal profession that “requires lawyers to stand firm in support of liberty and justice in the face of oppression and, by their words and actions, to honor and support the Rule of Law, even at great personal risk.”

A commencement hood and scroll will be placed on an empty chair in the front row with law school faculty to symbolize lawyers who are suffering for the Rule of Law.

El-Massry is known for her work to promote judicial independence and prisoner’s rights. She has organized peaceful protests and support efforts for political prisoners and utilized social media to denounce human rights violations. In 2014, she received the “Ludovic Trerieuz Prize for her efforts to advance human rights.

Imprisoned twice in three years

In May 2015, El-Massry was convicted of assaulting security forces and sentenced to 15 months for trying to provide legal assistance to three activists who were held at an Egyptian police station.

https://news.siu.edu/2018/05/050318-school-of-law-commencement-may-11.php

https://www.amnesty.org/en/latest/news/2018/01/egypt-release-of-activist-mahienour-elmassry-a-rare-moment-of-justice/

https://en.wikipedia.org/wiki/Mahienour_El-Massry

Euskadi/Spain: ‘I needed police protection for 15 years’ (video)

May 4, 2018

BBC

Image result for fernando mugica abogado

Rubén Múgica’s father Fernando was killed by Basque separatist group Eta in 1996.

Eta killed more than 800 people during its decades-long campaign of violence. It declared a ceasefire in 2011 and now has announced it is disbanding.

A group of former senior British and Irish politicians will attend a ceremony in the French Basque Country on Friday to mark the end of the militant group.

http://www.bbc.com/news/av/world-europe-43998699/i-needed-police-protection-for-15-years

http://www.eldiarioalerta.com/opinion/fernando-jauregui/horas-leyendo-lista-pesadilla/20180504052837024958.html (ESPANOL)

http://www.eldiarioalerta.com/opinion/fernando-jauregui/horas-leyendo-lista-pesadilla/20180504052837024958.html (ESPANOL)

https://es.wikipedia.org/wiki/Fernando_M%C3%BAgica (ESPANOL)

India: HC LAWYERS TO BOYCOTT COURT WORK TODAY

May 4, 2018

Concerned over four incidents of alleged police atrocities in a row on advocates in various districts of Jharkhand, the Advocates’ Association of Jharkhand High Court has decided to abstain from all court work on Friday to show their solidarity to the decisions already taken by other District Bar Associations in the State.

General Secretary of Advocate’s Association Hemant Kumar Shikarwar said that a memorandum will also be handed over to Governor Droupadi Murmu, Chief Minister Raghubar Das and Acting Chief Justice DN Patel demanding immediate action against the erring officials.

Shikarwar said that the decision was taken through a resolution taken during a general body meeting of Advocate’s Association as a token protest for one day demanding provisions of taking prior approval from the Bar Council or the Advocate’s Association before lodging any FIR against any lawyer in the State on the lines of Cabinet decision taken by Haryana and Punjab High Government.

“We will press our demands for provision of lawyers in the State on the line of Haryana and Punjab where the cabinet gave its approval for taking prior approval from the Bar Council or Advocate’s Association before lodging any FIR against the lawyers,” said Shikarwar.

Incidentally, lawyer Ashish Dubey has alleged that he was was brutally beaten up by the police on Monday evening for taking video of the efforts being made by the police personnel to take out the vehicle of SP from heavy traffic and was later taken into custody but was later released after pressure was mounted by the Advocate’s Association. Similarly, Ranjeet Giri and Ashwini Kumar were allegedly thrashed brutally in Bokaro and Dhanbad respectively by local police for trivial issues.

http://www.dailypioneer.com/state-editions/ranchi/hc-lawyers-to-boycott-court-work-today.html

https://www.telegraphindia.com/states/jharkhand/lawyers-on-strike-for-predator-colleague-227592

https://www.telegraphindia.com/states/jharkhand/swelling-protest-227868

http://www.dailypioneer.com/state-editions/ranchi/hc-seeks-report-from-state-govt-by-may-8.html

https://www.telegraphindia.com/states/jharkhand/strike-heat-on-litigants-228119

http://www.barassociationjhcranchi.com/

Turkey: Turkish couple, both judges, detained while trying to escape to Greece

May 3, 2018

Turkish couple, both judges, detained while trying to escape to Greece

A Turkish couple, both judges who were earlier dismissed from their posts over alleged ties to the Gulen movement, was detained while reportedly on their way to escape to Greece.

State-run Anadolu news agency said Thursday that M.S. and his wife Y.S. were rounded up near Turkey’s Greek border in the western province of Mugla. The couple had had outstanding arrest warrants over Gulen links prior to their attempt.

They were put in pretrial detention on charges of membership to a terror organization after they were detained.

Thousands of people have fled Turkey due to a massive witch-hunt launched by the Justice and Development Party (AK Party) government against sympathizers of the Gülen movement in the wake of a failed coup attempt on July 15. The government accuses the movement of masterminding the coup while the latter denies involvement.

More than 150,000 people have been detained and some 80,000 including academics, judges, doctors, teachers, lawyers, students, policemen and many from different backgrounds have been put in pre-trial detention since last summer.

http://turkeypurge.com/turkish-couple-both-judges-detained-while-trying-to-escape-to-greece

https://stockholmcf.org/turkish-govt-detains-110-people-over-alleged-links-to-gulen-movement/

https://turkeypurge.com/judge-candidate-in-jail-for-attempting-to-escape-to-greece-report

https://www.opendemocracy.net/can-europe-make-it/ozgur-h-cinar/chronic-human-rights-problems-of-turkey-during-eu-accession-process

https://www.neweurope.eu/article/amnesty-international-says-turkey-has-become-a-dungeon/

http://www.hurriyetdailynews.com/turkish-cartoonist-musa-kart-wins-press-freedom-prize-131243

https://stockholmcf.org/turkish-govt-detains-about-60-people-over-alleged-links-to-gulen-movement/

China: Communist Party Steps Up Annual Inquisition of Lawyers

May 3, 2018

IMG_2561

Every year, justice bureaus and lawyers’ associations across China demand that lawyers and law firms submit to a “annual review” (年检), held in spring each year, that determines whether they can continue to practice law in China.

Ostensibly, these assessments are aimed at evaluating professional competence and merit — yet their primary function, as far as the authorities are concerned, appears to be aimed at keeping a tight leash on the lawyer class, designated by the authorities as the “opposition.” For more than a decade, it has been used as a tool of pressure to keep human rights lawyers at bay.

China Change recently obtained a copy of the 2018 annual assessment form provided to lawyers in Beijing that demonstrates a codification of this political control. The form requires the following:

  • On personal information, it demands: Name, law firm, whether full- or part-time, marital status, ‘political status’ (i.e. whether a Party or Youth League member or hopeful member, or merely one of ‘the masses’), lawyer ID, cell phone, citizen ID, passport number, social media accounts, professional speciality, income during the previous year, current address.
  • The section below, on ‘integrity,’ inquires:

Communist Party Steps Up Annual Inquisition of Lawyers

Kenya/Canada: Apologize to Me Too, Miguna Miguna Tells President Kenyatta

May 3, 2018

Apologize to Me Too, Miguna Miguna Tells President Kenyatta

Self-declared National Resistance Movement (NRM) general Miguna Miguna has demanded an apology from President Kenyatta for what he termed as violating his citizenship.

Reacting to President Uhuru’s decision to seek forgiveness from Kenyans for any hurtful remarks he made during last year’s hotly contested elections, the deported lawyer said he too deserves an apology from the president.

During this year’s State of the Nation address on Tuesday in Parliament, the President said, “I am sorry for anything that I said last year that may have hurt or wounded you. If I damaged the unity of this country in any way. I ask you to forgive me and to join me in repairing that harm.”

He added: “Let us each apologize for our words, anger and malice. From Mandera to Maseno, from Mbita to Mvita, from Lodwar to Lunga Lunga and embrace our neighbours.”

However, in a chain of tweets after Kenyatta’s apology to Kenyans, Miguna criticized the President, saying that he had not sought forgiveness from him for “violating his citizenship”.

“I was born in Kenya. My ancestors were born and buried in Kenya & South Sudan yet @UKenyatta hasn’t apologized to me for violating my citizenship and vandalizing my body, passport and house. He hasn’t obeyed court orders, returned me and paid restitution for the barbarism!” he tweeted.

https://www.mwakilishi.com/article/diaspora-news/2018-05-03/apologize-to-me-too-miguna-miguna-tells-president-kenyatta

https://hivisasa.com/posts/miguna-seeks-apology-from-uhuru

https://www.hrw.org/news/2018/05/03/kenyan-media-has-little-celebrate-press-freedom-day

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

Turkey: Urgent Call for International Action to Prevent Lifelong Sentencing of Eren Keskin

May 3, 2018

Eren Keskin shows the

Eren Keskin, a prominent human rights lawyer from Turkey, is at risk of a lengthy imprisonment in retaliation for many years of exercising the right to freedom of expression and the right to defend human rights relating to taboo issues in Turkish society. The undersigned organisations call for urgent international action to prevent the imprisonment of Eren Keskin.

Eren Keskin (1959) is a lawyer and co-president of the Human Rights Association in Turkey (İHD). Having worked on contested human rights issues for almost thirty years, Keskin has contributed to the protection of minority rights, countered violence against women, and campaigned to challenge militarism and end torture. Keskin is the founder of a legal office providing pro bono services for trans-persons and women who were raped or sexually abused by the national security forces. An honorary member of the Paris Bar Council, Keskin is the winner of multiple international awards for her peace and human rights work, including the 2018 Helsinki Civil Society Award.

In retaliation for her human rights activities, Keskin has been subject to multiple instances of persecution and harassment, including assassination attempts. An ardent advocate of freedom of expression, Keskin was sentenced and imprisoned in 1995 for using the word Kurdistan. Today, again, Keskin is at immediate risk of the imposition of an exorbitant amount of monetary fines, and of imprisonment for the rest of her life.

https://www.ifex.org/turkey/2018/05/03/urgent_call_eren_keskin/

http://www.omct.org/human-rights-defenders/urgent-interventions/turkey/2018/05/d24851/

https://newint.org/features/web-exclusive/2018/05/03/free-turkey-media-amnesty

https://stockholmcf.org/ifex-calls-for-intll-action-for-pro-kurdish-human-rights-lawyer-keskin/

https://ahvalnews.com/human-rights/call-international-action-lawyer-even-keskin

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

https://fr.wikipedia.org/wiki/Eren_Keskin (FRANCAIS)

https://www.eldiario.es/amnistiaespana/Activistas-Turquia-Defender-derechos-humanos_6_765433457.html (ESPANOL)

http://www.aachener-nachrichten.de/lokales/region/aachener-friedenspreis-ruft-zu-spenden-fuer-preistraegerin-eren-keskin-auf-1.1886952 (DEUTSCH)

https://anfdeutsch.com/pressefreiheit/tuerkei-bilanz-zur-repression-gegen-journalist-innen-4252 (DEUTSCH)

Burma: Yangon High Court to Weigh Changes to Charges in U Ko Ni Murder Case in Late May

May 3, 2018

Image result for u ko ni

The Yangon Region High Court will hear lawyers’ requests on May 25 to change the charges against the accused in connection with the assassination last year of U Ko Ni, a constitutional lawyer and legal adviser to the ruling National League for Democracy party.

“Defense and prosecution lawyers will make their arguments in court that day. The court will then make a decision whether or not to change the original charges filed by the Yangon North District Court,” prosecution lawyer U Khin Maung Htay told reporters.

The defendants have requested that the charges be reduced, while the prosecution is seeking to stiffen them. As such, the High Court, the highest court in Yangon, will hear the issue on May 25 although it may not make a final decision on that day.

The alleged assassin, Kyi Lin, and three accused co-conspirators, Aung Win ZawAung Win Tun, and Zeya Phyo, appeared at the Yangon North District Court on Thursday, but as the Yangon Region Supreme Court has not made a decision on their charges, the North District Court fixed the next trial date for May 17. Although the High Court will not have ruled on the charges by then, court procedure dictates the defendants must appear at the North District Court regardless.

https://www.irrawaddy.com/news/burma/yangon-high-court-weigh-changes-charges-u-ko-ni-murder-case-late-may.html

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