Daily Archives: 21/08/2018

Turkey: 21 Lawyers were sentenced in Istanbul

August 20, 2018

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Turkish government’s crackdown against lawyers continues relentlessly. Profession of lawyer which was one of the very first victims of post-coup attempt purge has been suffering from relentless attack by executive-controlled Turkish judiciary.

So far, in Turkey, 162 lawyers have been sentenced of terrorism related accusations,  and mainly of being the member of an armed terrorist organization. Twenty one of those who have been sentenced are member of the Istanbul Bar Association. Istanbul Public Prosecutorial Office has been prosecuting 503 lawyers, of those 147 have been arrested and so far at-least twenty one members of Istanbul Bar Association have been convicted:

If the given sentences are upheld by the Court of Appeal, lawyers will serve 3/4 of the given term and will be disbarred.

There has been a relentless campaign of arrests which has targeted fellow lawyers across the country. In 77 of Turkey’s 81 provinces, lawyers have been detained and arrested on trumped-up charges as part of criminal investigations orchestrated by the political authorities and conducted by provincial public prosecutors. As of today, 582 lawyers have been arrested and 1544 lawyers are under prosecution, 162 lawyers were sentenced to long imprisonment.  Some of the arrested lawyers were subjected torture and ill-treatment.

21 Lawyers were sentenced in Istanbul

https://stockholmcf.org/over-40-intl-organisations-call-on-turkey-to-end-state-of-emergency-legislation/

https://www.europeaninterest.eu/article/turkeys-draconian-anti-terror-laws/

#DayoftheEndangeredLawyer

Zimbabwe/Zambia: Mnangagwa Soldiers Brutally Assault Biti’s Lawyer, Issue Death Threats

August 21, 2018

A human rights lawyer who accompanying MDC Alliance senior official Tendai Biti when he attempted to seek refuge in Zambia was severely beaten and had his car damaged by soldiers, a court heard on Monday.

 Graciano Chiweza who was assaulted &nearly abducted at Kamfinsa shopping center

Lawyers representing Biti said the lawyer, Unite Saize, was lucky to be alive after he was attacked for trailing behind the convoy which was bringing Biti back home after his escape bid flopped.

This emerged on the final day of the cross examination of the investigating officer (IO), Jealousy Mabasa.

Beatrice Mtetwa, for Biti, asked Mabasa: “What will be your comment if I put it to you that members of your team driving from Chirundu intercepted the car of the lawyer who was accompanying the accused and deflated his car tyres before they confiscated his phone and assaulted him while ordering him to strop trailing behind their convoy?”

Mabasa, however, denied the allegations saying nothing like that happened.

“We only stopped once during our journey. We stopped in Karoi to have our tyres serviced and never stopped again until we reached Harare,” he said.

“I will urge Zimbabwe Republic Police (ZRP) to investigate that crime if it happened.”

https://www.pazimbabwe.com/zimbabwe-48064-mnangagwa-soldiers-brutally-assault-bitis-lawyer-issue-death-threats.html

https://allafrica.com/stories/201808210459.html

https://bulawayo24.com/index-id-news-sc-national-byo-143539.html

https://www.dailynews.co.zw/articles/2018/08/21/biti-s-lawyer-tortured

Australia/Timor Leste: Jose Ramos-Horta Criticises Prosecution Of Witness K And Bernard Collaery

August 13, 2018

Former Timor-Leste president Jose Ramos-Horta has called upon the Australian government to drop the prosecution against former Australian Secret Intelligence Services (ASIS) Agent, Witness K, and his lawyer, Bernard Collaery. Ramos-Horta joins a chorus of human rights organizations and activists to condemn the case, including Human Rights Watch and the Movement Against the Occupation of the Timor Sea (MKOTT).

On June 2, 2018, Australian MP Andrew Wilkie used Parliamentary Privilege to reveal that the pair were being prosecuted for their involvement in revealing the Australian bugging of Timor-Leste offices during negotiations of a treaty. Wilkie’s revelation, in conjunction with recent protest, raises the question; what precedent does the prosecution establish for future whistle-blowers? Is the prosecution fair? And ultimately, how does the case characterize Australia? In considering these questions, this article will first consider the historical context of the prosecution, before considering the Ramos-Horta’s arguments against the case and its broader implications.

In 2004, ASIS planted listening devices in the cabinet office of Timor-Leste to gather information concerning negotiations of the Timor Sea Treaty which determined exclusive economic zones within the Timor Gap. This area, rich in oil and natural gas worth forty billion dollars, is highly contested. At the time, the division of territory favored Australia. According to a court summons detailed in The Guardian, Witness K ‘unlawfully communicated’ this bugging to Collaery, who in turn notified several journalists.

https://theowp.org/jose-ramos-horta-criticises-prosecution-of-witness-k-and-bernard-collaery/

https://www.theguardian.com/world/2018/aug/14/nsw-labor-to-condemn-inappropriate-prosecution-of-spy-witness-k-and-his-lawyer

https://www.straitstimes.com/asia/se-asia/spy-row-a-threat-to-australias-ties-with-timor-leste

https://www.theguardian.com/commentisfree/2018/aug/16/the-government-is-ratcheting-up-its-surveillance-powers-but-we-can-stop-this

https://www.crikey.com.au/2018/08/20/timor-leste-activists-blast-australia-for-prosecution-of-witness-k/

https://www.theguardian.com/australia-news/2018/aug/22/timor-leste-praises-witness-ks-actions-in-helping-resolve-maritime-border

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

The Philippines: Groups slam arrest of 3 lawyers in Makati drug den raid

August 20, 2018

 

THE president of the Integrated Bar of the Philippines (IBP) has warned that the warrantless arrest and the subsequent filing of criminal charges by police authorities against three lawyers monitoring a police raid on their client’s establishment suspected of being a drug den would send a “chilling effect” on the lawyers’ performance of their duty to ensure that the constitutionally guaranteed rights of an accused are respected.

IBP President Abdiel Dan Elijah Fajardo told the Businessmirror that the filing of constructive possession of illegal drugs against lawyers Jan Vincent Sambrano Soliven, Lenie Rocel Elmido Rocha  and Romulo Bernard Bustamante Alarkon was merely to justify their illegal detention and to give policemen the basis for holding them longer under custody.

‘Steer clear’

IN Makati City, meanwhile, Mayor Abby Binay has warned drug dealers and their clients to steer clear of the city, as the city government is determined to put them behind bars, and urged the Makati police to pursue the charges filed against 31 employees of a bar at Barangay Poblacion arrested during an anti-illegal drugs operation last August 11.

  “We are determined to banish the illegal-drug trade from our communities, especially in establishments like bars where drug dealing can easily become part of the services offered to clients because of unscrupulous business owners,” the mayor said in a news statement issued on Monday.

https://businessmirror.com.ph/groups-slam-arrest-of-3-lawyers-in-makati-drug-den-raid/

https://www.rappler.com/nation/209963-makati-police-awarded-time-in-manila-bar-raid-august-2018

https://ptvnews.ph/probe-raps-vs-lawyers-arrested-makati-bar-set-aug-28/

https://www.rappler.com/nation/209998-robredo-statement-arrest-lawyers-time-in-manila-bar-raid

https://www.rappler.com/newsbreak/in-depth/209996-what-lawyers-police-did-wrong-time-in-manila-bar-raid

http://politics.com.ph/me-video-pala-tirades-vs-police-in-makati-bar-raid-upsets-ping/

https://newsinfo.inquirer.net/1023136/roque-overzealous-lawyers-in-makati-bar-raid-need-to-take-refresher-courses

http://www.canadianinquirer.net/2018/08/20/no-war-defense-counsels-albayalde/

http://politics.com.ph/no-stone-left-unturned-nbi-looking-into-alleged-p6-8b-shabu-shipment/

https://www.philstar.com/headlines/2018/08/21/1844614/law-academe-slams-arrest-makati-bar-lawyers

http://www.gmanetwork.com/news/news/metro/664919/lawyers-arrest-raises-grave-concerns-for-rule-of-law-ibp/story/

http://opinion.inquirer.net/115547/cops-go-lawyers

http://www.journal.com.ph/editorial/opinion/may-pagkukulang-ang-law-firm-ng-3-abogado (TAGALOG)

https://rmn.ph/ginawaran-mga-pulis-sa-kontrobersyal-na-makati-bar-raid-pinarangalan-ni-albayalde/ (TAGALOG)

Posted by University of the Philippines College of Law on Monday, August 20, 2018