Daily Archives: 29/04/2019

Kazakhstan: Disbarment proceedings against lawyer Sergey Sizintsev by the Ministry of Justice of the Republic of Kazakhstan

April 2019

INTERNATIONAL BAR ASSOCIATION’S HUMAN RIGHTS INSTITUTE (IBAHRI)

WRITTEN SUBMISSION

https://drive.google.com/file/d/1-TL7FTDe6jAqNWywe0jzn7-Zpqm6-o9w/view?fbclid=IwAR2C3fzdSM2o5aRVC2PaJJgG0PxFNSB4a_jj8bAQ5418fdWFpTmOZaM4P6s (ENGLISH)

https://drive.google.com/file/d/1gxpuld3IlBNPwLHE64BSfYNyTogcW6PK/view?fbclid=IwAR3NbivCf5488mqkFw8mvoTwpoHAISVUodwq9avQCUvKEvPd9rXGBuddK4Q (KAZAKH)

 

China: ‘We must carry on’: Chinese government critic and liberal icon Xu Zhangrun vows to keep saying ‘what needs to be said’

April 28, 2019

Suspended Tsinghua University law professor Xu Zhangrun is healthy and in high spirits, friends say. Photo: Sohu

A Chinese law professor who has become an icon of China’s liberal intellectuals remains in high spirits despite facing an internal investigation and being barred from leaving the country, friends close to him have said.

Xu Zhangrun, a normally low-profile academic at Tsinghua University, attracted global attention last year after he published several essays on social media, criticising Chinese authorities’ policies and controversial changes to the constitution to remove a two-term limit for the president.

The university suspended him from duty last month and put him under an internal investigation.

Sources familiar with the situation told the South China Morning Post that Xu was also barred from leaving the country. Earlier this month, border control officers at Beijing Capital International Airport stopped him from taking a flight to Japan and told him he could not leave the country. The officers did not elaborate, but Tsinghua had approved the trip and paid for the flights, sources said.

https://www.scmp.com/news/china/politics/article/3007994/we-must-carry-chinese-government-critic-and-liberal-icon-xu

https://www.scmp.com/news/china/politics/article/3003397/tsinghua-university-suspends-chinese-law-professor-who

https://www.inkstonenews.com/politics/law-professor-xu-zhangrun-barred-leaving-china/article/3008103

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

The Philippines: Legal luminaries hit ‘oust-Duterte’ matrix tagging NUPL

April 29, 2019

Image may contain: 2 people

Legal luminaries slammed Monday a government matrix linking the National Union of Peoples’ Lawyers and some lawyers to an alleged plot to unseat President Rodrigo Duterte.

The track record of NUPL, an organization of pro bono human rights lawyers, “is beyond question,” said several prominent colleagues and the law schools of the University of the Philippines and Ateneo.

“The red tagging of NUPL is contrary to basic rules of evidence, due process and fair play,” read their statement of solidarity.

“Labeling, discrediting, threatening, and attacking lawyers are against the basic principles of lawyering, the State’s duty to protect them and the delivery of justice,” it added.

Among the statement’s signatories were several foreign lawyers, Adamson law dean Ada Abad, former University of the Philippines law dean Pacifico Agabin, De La Salle University College of Law founding dean Chel Diokno and former Solicitor General Florin Hilbay.

Aside from NUPL, those tagged in the matrix released by Malacañang last week were media organizations Vera Files, Philippine Center for Investigative Journalism and Rappler, which have been critical of the administration.

https://news.abs-cbn.com/news/04/29/19/legal-luminaries-hit-oust-duterte-matrix-tagging-nupl?fbclid=IwAR24EA-k38JqEKQwlwoliwy7_WfJL_a0XnkXj9NfibmNDvsnX7aKDOnx46o

Statement of Support and Solidarity with Lawyers of the People

We, lawyers and members of the legal profession, express grave concern over the heightening attacks against our brethren and peers in the Philippines.

In particular, we are disturbed by the labelling, accusations and threats against the National Union of Peoples’ Lawyers (NUPL) and its members.

The red tagging of NUPL is contrary to basic rules of evidence, due process and fairplay.

Dissent and criticism are an exercise of democratic rights.
Political harassment undermines the rule of law and substitutes it with the law of rulers.

We have known, worked with, or journeyed with the brave and dedicated NUPL pro bono human rights lawyers. Their track record of character, competence, and courage is beyond question.

Their passion and the advocacies they pursue against all odds give their poor, persecuted and powerless clientele hope.

Labelling, discrediting, threatening, and attacking lawyers are against the basic principles of lawyering, the State’s duty to protect them and the delivery of justice.

More importantly, these attacks
beg the fundamental question of whether there are valid reasons to dissent, criticize and advocate change and how to address them for the people’s benefit.

We stand in solidarity with our fellow lawyers irrespective of the clients they professionally represent and the public interest advocacies they pursue.

We support the cases and actions to defend NUPL and all lawyers under attack because of the exercise of their profession and the performance of their duties.

We shall also cooperate and collaborate in all fora to hold accountable those responsible for these attacks.

An attack on any of us is an attack on all of us. #

Signatories as of
29 Apr 2019, 3pm

Ada Abad (Philippines)
Dean, Adamson College of Law

Pacifico Agabin (Philippines)
Professor, UP Law

Jose Luis Agcaoili (Philippines)
Agcaoili and Associates

June Ambrosio (Philippines)
National Director,
National Center for Legal Aid
Integrated Bar of the Philippines

Domingo Anonuevo (Philippines)
Free Legal Assistance Group

Rafael Aquino (Philippines)
Partner, SPASLAW

Plutarco Bawagan Jr. (Philippines)
UP Law Batch 1987

Purificacion Bartolome-Bernabe
(Philippines)
President, International Pro Bono Alliance

Niloufer Bhagwat (India)
Vice President,
Confederation of Lawyers in Asia Pacific

Gill Boehringer (Australia)
International Association of People’s Lawyers

Max Boqwana (South Africa)
National Association of Democratic Lawyers

Bill Bowring (UK)
President, European Association of Lawyers for Democracy and World Human Rights

Pura Ferrer-Calleja (Philippines)
Free Legal Assistance Group

Joke Callewart (Belgium)
Progress Lawyers Network

Arnel Paciano Casanova (Philippines)
Lecturer, UP Law

Md. Hasan Tarique Chowdhury (Bangladesh)
Democratic Lawyers Association of Bangladesh

Marjorie Cohn (US)
Professor Emerita,
Thomas Jefferson School of Law

Norma Jullien Cravotta (France)
Lawyer at the Paris Bar

Amor Datinguinoo (Philippines)
Integrated Bar of the Philippines-Makati

Gail Davidson (Canada)
Executive Director,
Lawyers’ Rights Watch Canada

Jose Manuel Diokno (Philippines)

Evelyn Duermayer (Austria)
International Association of Democratic Lawyers

Elena Esposito (Italian)
Giuristi Democratici

Jan Fermon (Belgium)
Secretary General,
International Association of Democratic Lawyers

Ricardo Fernandez Jr. (Philippines)
Movement of Attorneys for Brotherhood, Integrity and Nationalism

Russell Fraser (UK)
Chair, Haldane Society of Socialist Lawyers

Johannes Karel Gaasbeek (Netherlands)
Day of Endangered Lawyers Foundation

Symone Gaasbeek (Netherlands)
Gaasbeek and Gaasbeek Lawyers

Muhammad Masaud Ghani (Pakistan)
Democratic Lawyers Association of Pakistan

Caridad Gonzales (Philippines)
Ateneo Law Class 1989

Dennis Gorecho (Philippines)
Alumni, UP Law

Krish Govender (South Africa)
National Association of Democratic Lawyers

David Israel Díaz Hernández (Honduras)
Human Rights Defenders Alliance

Florin Hilbay (Philippines)
Former Solicitor General

Lennox Hinds (US)
Professor Emeritus,
Rutgers University

Hajime Inoue (Japan)
Japanese Lawyers for International Solidarity

Charlotte Kates (US)
National Lawyers Guild

Jang Kyunguk (South Korea)
Minbyun Lawyers for a Democratic Society

Antonio Gabriel La Viña (Philippines)
Professor of Law, Governance, and Philosophy

Nelson Loyola (Philippines)
Nelson Loyola Law Office

Beth Lyons (US)
Alternate Delegate to U.N.,
International Association of Democratic Lawyers

Ernesto Maceda Jr. (Philippines)
Former Dean,
College of Law, Pamantasan ng Lungsod ng Maynila

Fabio Marcelli (Italy)
Italian Democratic Lawyers

Felix Marinas Jr. (Philippines)
Free Legal Assistance Group

Jeanne Mirer (US)
President,
International Association of Democratic Lawyers

Luis Carlos Moro (Brazil)
American Association of Jurists

Sabah Al-Mukhtar (Iraq)
President,
Arab Lawyers Association

Osamu Niikura (Japan)
Professor Emeritus,
Aoyama Gakuin University

Mvuso Notyesi (South Africa)
National Association of Democratic Lawyers

Virgilio Ocaya (Philippines)
Free Legal Assistance Group

Carlos Orjuela (UK)
Joint International Secretary,
Haldane Society of Socialist Lawyers

Angel Reñon Orozco (Philippines)
Orozco Law Office

Alexander Padilla (Philippines)
Free Legal Assistance Group

Ties Prakken (Netherlands)
Professor, Maastricht University

Roberto Rafael Pulido (Philippines)
Convenor, Manananggol Laban sa EJK

Yiannis Rachiotis (Greece)
Hellenic Union of Progressive Lawyers

Vanessa Ramos (Puerto Rico)
Asociación Americana de Juristas

Emiluz E. Pascasio-Reyes (Philippines)
Reyes & Teodoro Law Offices

Stuart Russell (France)
International Association of People’s Lawyers

Rene Saguisag (Philippines)
Movement of Attorneys for Brotherhood, Integrity and Nationalism

Arno Sanidad (Philippines)
Free Legal Assistance Group

Pablito Sanidad (Philippines)
Free Legal Assistance Group

Micòl Savia (Italy)
Permanent Representative to the U.N. in Geneva,
International Association of Democratic Lawyers

Thomas Schmidt (Germany)
Secretary General,
European Association of Lawyers for Democracy and World Human Rights

Azadeh Shahshahani (US)
Legal & Advocacy Director, Project South

Ghanendra Shrestha (Nepal)
Progressive Peoples Lawyers Association (PPLA)

Filibon Tacardon (Philippines)
Former Vice President,
IBP Quezon City Chapter

Lorenzo Tanada III
Free Legal Assistance Group

Amado Danilo Tayag (Philippines)
Alumni, UP Law

Theodore Te (Philippines)
Free Legal Assistance Group

Evalyn Ursua (Philippines)
Women’s Initiatives for Socio-Cultural and Economic Rights

Serife Ceren Uysal (Turkey)
Progressive Lawyers Association

Pilita Venturanza (Philippines)
IBP Oriental Mindoro

Susan Villanueva (Philippines)
Professor, UP College of Law

Gregorio Tanaka Viterbo Jr. (Philippines)
Chair,
Free Legal Assistance Group-
Metro Manila

(National Union of Peoples’ Lawyers Facebook, 29/04/19)

https://news.mb.com.ph/2019/04/05/afp-official-unmasks-cpp-fronts-networks/

https://www.pna.gov.ph/articles/1066679http://ptvnews.ph/reds-linked-orgs-dared-to-seek-justice-for-victims-of-npa-killings/

https://www.pna.gov.ph/articles/1068160

OUST-DUTERTE PLOT BARED

‘Reds-linked’ orgs dared to seek justice for victims of NPA killings

https://newsinfo.inquirer.net/1111802/lawyers-voice-support-for-colleagues-attack-on-any-of-us-is-an-attack-on-all-of-us/amp?fbclid=IwAR2etv0kU6PILdbx6x0yUbiwGU7JZtK7cg5-gzYr73oq50Tdt0d-_FGvlFk

https://www.gmanetwork.com/news/news/nation/692772/phl-foreign-lawyers-lsquo-disturbed-rsquo-by-attacks-vs-nupl/story/?fbclid=IwAR1kqiMM8ZBIopRKH_b-U6t24sHMIwmSOp9tw_kD4BdSMu28ikzTt57zW8s

Foreign, local lawyers denounce heightening attacks vs NUPL

India: Calcultta HC chief justice asks home secretary to file affidavit on Howrah court incident over parking

April 29, 2019

Image result for Calcutta High Court

http://www.uniindia.com/calcutta-hc-chief-justice-asks-home-secretary-to-file-affidavit-on-howrah-court-incident-over-parking/east/news/1580222.html

https://www.livelaw.in/news-updates/police-attack-on-howrah-lawyers-144628

https://timesofindia.indiatimes.com/city/kolkata/howrah-court-violence-hc-directs-dgp-home-secy-to-file-affidavits/articleshow/69099529.cms

https://www.business-standard.com/article/pti-stories/howrah-court-violence-hc-directs-dgp-home-secy-to-file-119042900828_1.html

https://www.devdiscourse.com/article/national/496703-lawyers-ceasework-extended-till-may-2

https://timesofindia.indiatimes.com/city/kolkata/calcutta-hc-to-hear-petition-on-howrah-court-clash-on-monday/articleshow/69091350.cms

https://www.pennews.net/west-bengal/2019/04/29/calcutta-hc-asks-home-secretary-to-file-affidavit-on-howrah-court-incident

Howrah Court Violence: Calcutta HC takes suo motu cognizance

https://www.theweek.in/wire-updates/national/2019/04/29/ces6-wb-lawyers-ceasework.html

http://www.uniindia.com/calls-for-cease-work-across-the-state-extends-wb-bar-council/east/news/1580883.html

29th Order

N.B. The matter was taken up by the Division bench in Court room No. 1 of the High Court, Calcutta today (29/04/19), when the Court directed the respondents to file separate affidavits by tomorrow.  The Chief Justice directed to file personal affidavits from all the respondents over the incident. The matter will be taken up on May 1, 2019.  The Chief Justice made it clear that if anybody fails to do so he will take stern action. He requested all members to trust him and withdraw the strike.  He also stated that he will not do anything to jeopardize the judiciary or the legal profession.

http://banglanewspaper.ml/kolkata-news-news-%E0%A6%B9%E0%A6%BE%E0%A6%93%E0%A6%A1%E0%A6%BC%E0%A6%BE%E0%A6%95%E0%A6%BE%E0%A6%A3%E0%A7%8D%E0%A6%A1%E0%A7%87-%E0%A6%B9%E0%A6%BE%E0%A6%87%E0%A6%95%E0%A7%8B%E0%A6%B0%E0%A7%8D%E0%A6%9F/?i=1 (BANGLA)

https://www.thewall.in/news-state-high-court-orders-to-submit-affidavit-from-different-administrative-officers-regarding-clash-in-howrah/ (HINDI)

https://navbharattimes.indiatimes.com/state/other-states/kolkata/howrah-adalat-violence-high-court-asked-dgp-home-secretary-to-give-affidavit/articleshow/69099913.cms (HINDI)

Turkey: Lawyers On Trial In Turkey

April 28, 2019

A report published this week by Human Rights Watch (HRW) details how the Turkish government has been arbitrarily jailing lawyers and putting them on trial ever since the failed military coup d’état in July 2016. The report highlights the extent of the government crackdown on lawyers, and specifically criminal defence lawyers defending people accused of terrorism. Often, the government’s unjust detainment of lawyers is an attempt to silence harmful accusations brought against them by a lawyer’s defence of the accused. Accusations include police abuses and other human right violations perpetrated by the state; there have  been reports of lawyers being intimidated by police before court proceedings. Research for the report was carried out from July 2018 to February 2019, and involved interviews conducted with 35 lawyers across Turkey; however, archival research dates to the events of July 2016.  It is the role of lawyers to protect the rule of law and defend human rights, so when over 1500 lawyers have been prosecuted since July 2016, the right to a fair trial has become the exception, not the rule.

Hugh Williamson, Europe and Central Asia director at HRW, says, “Putting hundreds of lawyers in jail or on trial, and restricting their ability to act for people in police custody and in court, shows the dire state of Turkey’s criminal justice system,” and he warns it should not be ignored by an international audience. This report targets one of the many human rights abuses perpetrated by the twelfth President of Turkey, Recep Tayyip Erdoğan and the ruling Justice and Development Party (AKP). Before now, international figures have been extremely critical of Erdoğan’s government. A Bloomberg article was written in September 2018 about a meeting between German Chancellor Angela Merkel and Erdoğan in Berlin. It highlights how Merkel’s hope for reconstructive talks, regarding diplomatic relations between the two countries, fell short because she could not ignore the “profound differences” between Germany and Turkey about what constitutes “a free, democratic, open society”.

http://theowp.org/lawyers-on-trial-in-turkey/

https://www.hrw.org/report/2019/04/10/lawyers-trial/abusive-prosecutions-and-erosion-fair-trial-rights-turkey

https://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/HUMAN_RIGHTS_LETTERS/Turkey_-_Turquie/2019/EN_HRL_20190430_Turkey_Sentencing-of-21-Turkish-lawyers.pdf?fbclid=IwAR1gWDZUgyJEJmbaEauGZSWsg8CkcbCSAMg6u-i2t7vQC9dtveuUuS92yeU

https://arrestedlawyers.org/

 

Zimbabwe: Top rights lawyer, four teachers charged for anti-govt plot

April 28, 2019

Lawyers divided over onslaught on Judiciary

PROMINENT human rights lawyer Douglas Coltart and four teachers union leaders were Sunday charged for attending a meeting which police say was meant to strategise on committing acts of civil disobedience throughout the country.

The teachers are Robson Chere, Jess Drury, Precious Ndlovu and Munyaradzi Ndawana and are all from the militant Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ) which is famous for embarking on a 275KM march last year to protest poor wages by government.

The concerned meeting which has caught the attention of the law enforcement agents is one in which the teachers were attending a Trainer of Trainers workshop at a Harare hotel Saturday.

Speaking to NewZimbabwe.com Sunday, Tinomuda Shoko, a lawyer with the Zimbabwe Lawyers for Human Rights (ZLHR) said Coltart and the four teachers were charged for allegedly violating the Criminal Law Codification Act.

“All the five were charged with strategising on disobedience and planning to participate in criminal acts,” she said.

“The police are saying they participated in a meeting and planning to commit acts of public violence and bigotry and that they there were strategising on civil disobedience.”

https://www.newzimbabwe.com/top-rights-lawyer-four-teachers-charged-for-anti-govt-plot/

Human Rights Lawyer Doug Coltart Summoned By Police

WATCH: Teacher Activists “Beaten Badly” By Intelligence Officers Before Hand Over To Police, Lawyer Claims

Doug Coltart Charged And Released Together With Rural Teacher Activists

Doug Coltart Called For Questioning In Connection With A Rural Teachers Meeting Where 4 Leaders Were Abducted By CIOs

Human Right Lawyer, Doug Coltart Not Afraid Of Mnangagwa

Lawyers divided over onslaught on Judiciary

https://www.pindula.co.zw/Douglas_Coltart