Daily Archives: 15/12/2018

Turkey/Day of the Endangered Lawyer: Trial against lawyer Can Tombul

December 13, 2018

On 12 December, Lawyers for Lawyers, Fair Trial Watch, Lawyers’ Rights Watch Canada, the European Democratic Lawyers and the Human Rights Committee of the Norwegian Bar Association called on the authorities of Turkey to immediately release lawyer Can Tombul. 


Can Tombul works as a lawyer of the Law Bureau of the Oppressed (EHB). Together with his colleagues Mr. Tombul represents victims and family members of victims of the bombings / massacres in Ankara and Suruç in 2015. He has also been involved in documenting human rights violations in South-East Turkey.

Can Tombul was arrested on 31 July 2018 in Istanbul on charges of ‘membership of a terrorist organization’, and has been held in pre-trail detention ever since. The first hearing in his case was on 13 December 2018. We were informed that his case file contains information that directly relates to his work as a lawyer: regarding meetings with clients, telephone calls, twitter messages about cases and about human rights violations, demonstrations etc. Two funerals he attended in 2013 and 2015 are also cited as evidence of the charges against him.


Click to access Letter%20Can%20Tombul%20-%20Mr.%20Abdulhamit.pdf






https://www.advokatforeningen.no/aktuelt/Nyheter/2018/desember/menneskerettighetsutvalget-stotter-tyrkiske-advokater/ (NORWEGIAN)


Image may contain: 1 person, standing, ocean, sky, text, outdoor and water

Büromuz avukatlarından Can Tombul’un tutuklu yargılandığı davanın ilk duruşması 13 Aralık Perşembe günü saat 10:30 da İstanbul(Çağlayan) 35. Ağır Ceza Mahkemesi’nde görülecek. Meslektaşlarımızı ve tüm dostlarımızı dayanışmaya çağırıyoruz.

(Ezilenlerin Hukuk Bürosu Facebook, 10/12/18)


Turkey/Day of the Endangered Lawyer: Day of the Endangered Lawyer 2019 (London)

Image result for law society of england
Event TypeSeminar
When24/01/2019 17:30 – 20:30Add Day of the Endangered Lawyer 2019 To Your CalendarAdd To Your Calendar
VenueThe Law Society, 113 Chancery Lane, London WC2A 1PL
CostNo charge 

Overview SRA Competencies: A1, C3

Since 2010, the Day of the Endangered Lawyer is organised to draw attention to the situation of lawyers at risk in a particular country. In 2019, the focus will be on Turkey, because of the widespread arrests, detentions, and dismissals of members of the legal profession in the country – especially since the attempted coup in 2016.

This seminar, organised jointly by the Law Society and the International Bar Association’s Human Rights Institute, will focus on the circumstances that lawyers in Turkey face (pre and post the failed coup), the enactment of emergency decree laws, the lack of admissibility of Turkish cases before the European Court of Human Rights (ECtHR), specifics of litigating Turkish cases before the ECtHR, trial observation in Turkey, and advocacy efforts.

Welcome by Christina Blacklaws, president, Law Society
Ozlem Zingil, lawyer, Turkey
Achilleas Demetriades, applicant’s lawyer in Loizidou v. Turkey, and other ECtHR cases
Tony Fisher, chair, Law Society Human Rights Committee
Natacha Bracq, programme lawyer, International Bar Association’s Human Rights Institute

Concluding remarks by Baroness Helena Kennedy QC, director, IBA Human Rights Institute









Image may contain: 6 people, people smiling, people standing

Saudi Arabia: The Saudi Regime’s Other Victims

December 13, 2018

Dhahban Central Prison opened a few weeks after our visit, and many of the kingdom’s highest-profile detainees — including Mr. Badawi and his former lawyer, Waleed Abu al-Khair — were transferred there. Four months later, the arrest Fahad had been dreading finally came, and he was jailed at Dhahban, too. He is now serving a five-year prison term for “inciting hostility against the state” via tweets. His sentence includes a 10-year travel ban, which will begin following his release, as well as a lifelong writing ban.





https://arabi21.com/story/1140103/%D9%85%D9%86%D8%AD-%D9%86%D9%88%D8%A8%D9%84-%D8%A7%D9%84%D8%A8%D8%AF%D9%8A%D9%84%D8%A9-%D9%84%D8%AB%D9%84%D8%A7%D8%AB%D8%A9-%D9%85%D8%B9%D8%AA%D9%82%D9%84%D9%8A%D9%86-%D8%B3%D8%B9%D9%88%D8%AF%D9%8A%D9%8A%D9%86-%D9%85%D9%86-%D9%87%D9%85-%D8%B4%D8%A7%D9%87%D8%AF (ARABIC)

https://www.letemps.ch/culture/jessaie-deviter-paranoia (FRANCAIS)

https://www.24heures.ch/monde/moyen-orient/Le-Nobel-alternatif-honore-a-Geneve-trois-Saoudiens-emprisonnes/story/26149252 (FRANCAIS)

https://fr.wikipedia.org/wiki/Waleed_Abu_al-Khair (FRANCAIS)

https://es.euronews.com/2018/11/24/tres-saudies-encarcelados-entre-los-galardonados-con-el-premio-nobel-alternativo (ESPANOL)

https://derstandard.at/2000092145354/Alternativnobelpreis-fuer-inhaftierte-Saudi-Aktivisten (DEUTSCH)

https://pt.euronews.com/2018/11/24/nobel-alternativo-distingue-ativistas-sociais (PORTUGUES)

Image result for Waleed Abu al-Khair

Kenya/Canada: Court Declares Miguna A Kenyan Citizen, Awards Him Sh7 Million As Compensation

December 14, 2018

Win for Miguna Miguna as court rules he is Kenyan, orders state to pay him KSh 7 million

Justice Chacha Mwita has ruled that controversial lawyer Miguna Miguna was unlawfully removed from Kenya as he is a Kenyan citizen. He stated that citizenship by birth could not be revoked.

“Even if the petitioner (Miguna) acquired Canadian citizenship, he did not lose his Kenya citizenship. He remains a citizen of Kenya,” Justice Mwita stated.

The High court also said that holding Miguna Miguna in incommunicado and failing to produce him in court was a violation of the lawyer’s rights.

The court also ordered the government pay Miguna Sh7 million as compensation for continued violation of his rights.

Miguna had stated that he did acquire his Canadian citizenship voluntarily as he went to Canada seeking political asylum.

Read:The Corrupt Will Carry Their Own Cross – President Kenyatta

The court had earlier dismissed the deportation of the controversial lawyer and had ordered the interior Ministry to deposit his passport at the High court, a decision which the ministry had vowed to appeal.

Miguna Miguna has faced a myriad of misfortunes after the revocation of his Kenyan citizenship. He was deported twice from Kenya as immigration officer claimed that he was not a Kenyan citizen and was required to reapply for his citizenship.
















Judgment – Miguna Miguna’s Petition 14-12-2018

Hungary: Hungary nullifies independent judiciary, cementing Orban’s authoritarian grip

December 13, 2018

The new “reforms” would make it all-but-impossible to prosecute him or anyone in his party.

Image result for Viktor Orban

Hungarian Prime Minister Viktor Orban took another step closer to becoming Europe’s premier autocrat by passing a law that effectively nullifies the country’s independent judiciary.

Under the new legislation, which passed through the Hungarian Parliament on Wednesday, the country’s supreme court is now stripped of its ability to judge what are known as administrative disputes. In Hungary, this is a wide-ranging description encompassing everything from electoral law to corruption to police abuse to tax evasion.

Instead, a new system will be set up over the next 12 months overseen by Orban’s justice minister, who will control which judges get promoted to settle the administrative disputes. Hungary’s existing independent judiciary would be significantly weakened and have no oversight of the new system.

The move to quash the independence of the judiciary is the latest autocratic move by Orban, who is feeling increasingly emboldened as the beleaguered European Union confronts political threats on all sides, be it from Brexitthe Yellow Vests protests in France, or the rise of far-right parties like AfD in Germany.

Earlier in December, Central European University, a college founded by George Soros, was forced to leave Budapest for Vienna after being relentlessly targeted by Orban’s government. This Wednesday, the same day Orban cemented his control of the judiciary, the Hungarian Parliament also passed what is being dubbed a “slave law.” This allows companies to demand up to 400 hours of overtime from its employees per year — the equivalent of 50 days — while delaying paying them for three years.




Member states jeopardising the rule of law will risk losing EU funds

https://www.ouest-france.fr/europe/hongrie/hongrie-troisieme-nuit-de-manifestations-anti-viktor-orban-budapest-6131996 (FRANCAIS)

Tunisia: Tunisie: Échauffourées entre forces de l’ordre et des avocats en marge d’une manifestation à la Kasbah

le 13 décembre, 2018

La manifestation des avocats et de l’Union tunisienne des professions libérales a dégénéré en échauffourées entre manifestants et forces de l’ordre à la place de la Kasbah.

Des manifestants ont réussi à pénétrer ce jeudi, 13 décembre 2018, à la place du gouvernement de la Kasbah.

Cette manifestation a été organisée pour protester contre la loi de finances 2019 dont les avocats rejettent certains chapitres considérés comme portant atteinte à leur profession.









https://www.al-monitor.com/pulse/originals/2018/12/tunisia-red-vests-protests-france-anniverary-revolution.html (ENGLISH)

Egypt: authorities must end the arbitrary detention of human rights lawyer Mohamed Ramadan

December 14, 2018

Image result for lawyer mohamed ramadan

The Egyptian authorities should immediately and unconditionally release human rights lawyer Mohamed Ramadan and drop the charges against him or otherwise charge him with a recognizable crime consistent with international law, said the ICJ today.

Mohamed Ramadan was arrested, by plainclothes security officers on 10 December 2018, after attending proceedings concerning the renewal of a detention order against one of his clients. The client, Ayman Mahmoud, himself had been evidently detained for political reasons, and charged with joining and promoting an “illegal group” and “spreading false news on Facebook and Twitter to harm State interests.”

Following his arrest, Mohamed Ramadan was detained overnight in the National Security Agency Office. Ramadan’s family and lawyers did not know of his whereabouts until he was brought before the Alexandria Prosecutor on 11 December 2018.

According to information available to the ICJ, the Prosecutor charged Ramadan with joining a terrorist group, promoting its ideology including through social media and possession of publications supporting the group’s purpose (Case No. 16576/2018 Montaza), and ordered that he be detained for 15 days.

The charges appear to be to intended to prevent Ramadan’s exercise of freedom of expression and work as a lawyer. One of the lawyers who attended Ramadan’s interrogation on 11 December 2018 informed the ICJ that Ramadan had been informed by the Prosecutor to stop representing political detainees.












Hong Kong/China: Hong Kong democracy leaders defiant as landmark trial wraps up

December 14, 2018

umbrella movement occupy trial

Hong Kong democracy leaders pledged on Friday to sustain their fight for full democracy at the end of a month-long trial that could see them jailed for leading and inciting 2014 protests against what they see as Beijing’s unjust curbs on freedom.

Nine defendants face a maximum seven years in jail for each of various charges that include conspiracy to commit public nuisance and incitement to commit public nuisance. A verdict is expected on April 9.

They all pleaded not guilty.

Prosecutors say they were instigators of the 79-day “Occupy” protests in late 2014 which drew hundreds of thousands of people onto the streets, hoping to press Beijing to grant full democracy in the global financial hub.

“Only through the introduction of genuine universal suffrage could a door be opened to resolving the deep-seated conflicts in Hong Kong,” one of the nine, law professor Benny Tai, 54, told the court.

“The price of freedom is indeed eternal vigilance.”

The former British colony of Hong Kong returned to Chinese rule in 1997 under a “one country, two systems” formula, with the promise of a high degree of autonomy and universal suffrage as an “ultimate aim”.

Critics, however, including foreign governments and business groups, say that the guarantee is ringing increasingly hollow, with a democratic reform process now largely stalled.

The trial is the latest in a series against Hong Kong’s pro-democracy opposition that has seen scores of activists jailed.

Activists say Hong Kong’s freedoms have come under increasing strain, and they point to the recent expulsion of a British journalist and various steps to shut out democrats from city politics.