Daily Archives: 22/06/2019

Pakistan/Day of the Endangered Lawyer: LHC Suspends Lawyer’s Sentence Who Attacked Civil Judge

June 12, 2019

Rejecting the Anti Terrorism Court’s decision, the LHC suspended his sentence against surety bonds worth Rs2 lac.

LHC suspends lawyer’s sentence who attacked civil judge

The Lahore High Court (LHC) has suspended the sentence of a lawyer who smashed a civil judge with a chair.

A two-member LHC bench headed by Justice Mazahir Ali Naqvi ordered to release the accused.

Rejecting the Anti Terrorism Court’s decision, the LHC suspended his sentence against surety bondsworth Rs2 lac.

An Anti Terrorism Court in Faisalabad sentenced a lawyer to 18 years and six months in jail for smashing a civil judge with a chair.

Besides the imprisonment, the ATC also fined him with Rs250,000.

https://www.urdupoint.com/en/pakistan/lhc-suspends-lawyers-sentence-who-attacked-642957.html

https://www.dawn.com/news/1487856/lhc-suspends-sentence-of-lawyer-who-injured-judge

https://www.thenews.com.pk/print/483946-lhc-suspends-sentence-of-jaranwala-lawyer

https://nation.com.pk/04-Jun-2019/lhc-irked-by-bar-s-stance-in-favour-of-convicted-lawyer

#DayoftheEndangeredLawyer

Turkey: Update: Incarceration of Turkish Lawyers | Unjust Arrests and Convictions (2016-2019)

June 10, 2019

The Arrested Lawyers Initiative updated its report entitled  “Incarceration of Turkish Lawyers | Unjust Arrests and Convictions (2016-2019).”

According to the latest update, 1546 Turkish lawyers have been prosecuted and 599 lawyers have been arrested since 2016 July. And so far, 311 Turkish lawyers have been sentenced to 1967 years in prison by the first instance courts under article 314 of the Turkish Penal Code.

000

The report reveals that all persecuted lawyers are being charged with terror-linked offenses; the main two accusations directed against them are membership to an armed terrorist organisation, and forming and leading an armed terrorist organisation. Article 314 of the Penal Code criminalises the establishment and commanding of (Article 314/1), as well as membership (Article 314/2) to an armed organisation. Under the Turkish Penal Code, these two offences attract 7,5 to 22,5 years imprisonment.

Update: Incarceration of Turkish Lawyers | Unjust Arrests and Convictions (2016-2019)

President Erdogan 20.06.2019

Australia/Afghanistan: Ex-military lawyer faces Supreme Court

June 13, 2019

The ACT Supreme Court has adjourned the case of a former military lawyer who allegedly leaked documents about the Afghanistan war to journalists.

David McBride at his home in Canberra this week.

The government has delayed a case against a former Australian military lawyer, charged over the leaking of sensitive documents to ABC journalists, while it works out how to deal with the secret information in court.

David William McBride, 55, was committed to stand trial in May on a charge of theft of commonwealth property, three counts of breaching the Defence Act, and the unauthorised disclosure of information.

The leaks were to journalists Dan Oakes, Andrew Clark and Chris Masters, who produced the 2017 investigative report The Afghan Files.

The story examined incidents between 2009 and 2013 when special forces allegedly shot dead insurgents and unarmed civilians, including children.

At a directions hearing in the ACT Supreme Court on Thursday, lawyers for the Commonwealth and Crown asked for an adjournment so they could work out how the sensitive information involved would be dealt with in court.

The case was adjourned for a fortnight, until June 27.

https://www.news.com.au/national/breaking-news/exmilitary-lawyer-faces-supreme-court/news-story/7428ce0ea17c42c3792a217d263a0d63

https://www.sbs.com.au/news/afghan-files-whistleblower-david-mcbride-facing-act-supreme-court-today

https://www.washingtontimes.com/news/2019/jun/12/former-australian-army-lawyer-in-court-over-leak-t/

https://www.smh.com.au/politics/federal/what-i-ve-done-makes-sense-to-me-the-complicated-colourful-life-of-david-mcbride-20190621-p5204h.html

https://www.ksl.com/article/46572748/former-australian-army-lawyer-in-court-over-leak-to-media

https://www.economist.com/asia/2019/06/15/australias-surprising-disregard-for-free-speech

ABC missing in action on Witness K and Bernard Collaery persecution

https://www.theguardian.com/media/2019/jun/06/whistleblower-protections-a-sham-says-lawyer-whose-leaks-led-to-abc-raids

https://www.kiro7.com/news/whistleblower-returns-to-australian-court-over-afghan-leak/961906899

https://www.goldcoastbulletin.com.au/news/national/whistleblower-david-mcbride-speaks-after-court-appearance-in-canberra/video/d4e1050b7784083177feb639c69e3a52

Canada: Arrêté pour avoir menacé un avocat et un huissier

le 14 juin, 2019

Ce Québécois a menacé de s’en prendre aux juristes avec une arme à feu…
Nouvelles

Un avocat et un huissier ont été victimes de graves menaces de la part de Marc Bellemare, un individu insatisfait du dénouement d’un dossier de nature civile dont il faisait l’objet.

Bellemare aurait dit aux juristes qu’il voulait s’en prendre à eux avec une arme à feu.

L’homme de 62 ans a été arrêté le 10 juin dernier pour avoir proféré des menaces envers des personnes associées au système de justice, rapporte le Courrier Frontenac.

Il a comparu le 11 juin dernier au palais de justice de Thetford Mines sous des chefs d’accusation de bris de probation et d’avoir proféré des menaces. Il est présentement détenu jusqu’à la suite des procédures, fixée le 8 juillet.

http://www.droit-inc.com/article24878-Arrete-pour-avoir-menace-un-avocat-et-un-huissier

Un Thetfordois arrêté pour menaces envers un avocat et un huissier

Arrestation pour menaces envers des personnes associées au système de Justice

India: First Woman President of Uttar Pradesh Bar Council, Darvesh Yadav shot dead

June 12, 2019

darvesh yadav

The first woman President of the Uttar Pradesh Bar Council Darvesh Yadav has been shot dead by a fellow advocate, reports News Nation.

According to reports, she was shot by one advocate Manish inside the Agra district court premises. Later, the assailant shot himself and has been admitted in the hospital.

Yadav assumed charge as President of the UP Bar Council two days ago. She was attending a welcome ceremony when the incident happened.

First Woman President of Uttar Pradesh Bar Council, Darvesh Yadav shot dead

https://scroll.in/latest/926798/uttar-pradesh-first-woman-bar-council-president-shot-dead-in-agra-civil-court

https://www.livelaw.in/news-updates/first-female-president-of-up-bar-council-shot-dead-in-agra-court-premises-145601

https://www.tribuneindia.com/news/nation/sc-to-hear-pil-on-women-lawyers-safety/791117.html

https://www.outlookindia.com/newsscroll/sc-to-hear-plea-on-social-security-for-women-lawyers/1559758

https://www.thequint.com/news/india/manish-sharma-man-who-shot-up-bar-council-chairperson-darvesh-yadav-dies

Pakistan/Day of the Endangered Lawyer: January 24, 2020 PAKISTAN

June 13, 2019

Latest news from Brussels  :

Following  decisions were taken

1-International Coalition has been formed for  Endangered Lawyers by the gathered  international  lawyer organizations in this Meeting on 13th of June 2019 in Brussels

2-the country Pakistan has been chosen to focus on for the Day  next year 2020:

3-4 there have been different countries proposed for 2021:

 

————————————————————-

Speech by international coordinators: Hans and Symone Gaasbeek  Wielinga

Dear all, very dear colleagues,

May I wish you a warm welcome today ,in this meeting!!

I would like to thank especially my colleagues Yves Oschinsky and Aurore Lebeau – and their organisations – for their hospitality and for their efforts to receive us here today in Brussels.

We are very glad that you came here today with so many, representing many International Lawyer and Bar organisations, all in solidarity with our threatened colleagues abroad.

Lawyers for lawyers will be in the meeting on line

Lawyers rights watch Canada is also following our meeting

Restart

Some months ago Symone – my wife and colleague – and I decided that we would come back as Coordinator, after having left the project a year ago (for several reasons). As you know the woman behind the man is always very important…!

Especially Symone supports me a lot and she makes it possible to continue the coordination.

This year, the Day of the Endangered Lawyer project exists already 10 years, a couple of years longer than the Foundation Day of the Endangered Lawyer, which was erected to support this important work!!

The foundation also focuses on creating worldwide  awareness about the harassment of lawyers ,on  interesting the youth /young lawyers for this problem  of persecution of their human rights colleagues and to ask support for our endangered colleagues at European and International Institutions

The Foundation has a lot of moral strength, but there is almost no financial funding for the work.

In the past years – from the start – our lawyer office has given good financial support and has paid a lot of the costs.

Symone and I are very glad that we are again supported strongly by the voluntary Board members of the Foundation and by a few other volunteers.

Also the Board members and my brother and cousin have decided to continue supporting the project and to restart the website…!

Looking back

I want to take you back for a short moment to the Day of the Endangered Lawyer 2019.

I was very impressed by the lawyers in Madrid who – on the Day of the Endangered Lawyer last year – organised a meeting to commemorate the five lawyers and their assistants, who had been killed in 1977 in Atocha in Madrid on the 24st  of January… One minute of silence was observed in memory of the murdered colleagues.

In 2019, the Day was celebrated in 25 cities and our Turkish colleagues strongly supported the Day. Even in Istanbul, there was a big demonstration.

However, in 2018 the Day was organized in 35 cities, so 10 cities less were involved last year, in 2019!

For me this makes clear that the coming time – from today on – we have to invest real energy and real networking to make the coming Day as big a success as in 2018…!!

Our mutual task is to make the next Day of the Endangered Lawyer in 2020 a big success!!!

Reports of the cities

I was informed that in many cities more than three or four lawyer organisations and Bar organizations ,were working closely together to organise their manifestations in their cities. This good cooperation between sometimes very different lawyer groups is very encouraging and special…

However, only half of the 25 cities involved have sent us reports about what they organised last year, about their actions and about handing over the petitions.

For example, London and Berlin informed us very well and in Berlin the action was even on the NDR television. The action in London was published in the magazine ‘Socialist Lawyer’ in February.

From many other cities we also received good reports, like Brussels, Paris and the Netherlands.

NB —-Request to the cities which did not send their reports of 24 january 2019—!!!

However, from at least 10 cities, we have not had any or only very little news, no pictures, no reports, no petitions.

So we are not even aware how successful the Day might have been in these cities and we do not know if they contacted any Turkish authorities or ambassadors with petitions.

I really hope that next year we will, like in the years before, receive good feedback and communication to the coordinator.

Of course, the feedback from all the cities is also very important to continue the follow-up work with the countries which we have chosen in the past. As coordinators we have to be aware of what discussions were held, or which colloquia, what conclusions were drawn, which contacts there were with ambassadors or authorities from Turkey, in all the involved cities.

The same applies to the Press releases and publications.

All information gathered on the Day for Turkey while demonstrating and giving petitions and having meetings in all the 25 cities, will be put together -on the website of the foundation – and could be also used as a base for the fact finding mission which will be organised after the summer this year to visit the detained Turkish colleagues and to investigate the persecutions Of these lawyers.

As you see, it is still very important and useful to receive even a short report from all the cities which have not made the report yet. Then we are able to make a compilation of all the actions and publications of the 24th of January 2019,on the website .

To make the Day of the Endangered Lawyer a success in 2020, it is also necessary to involve already well in advance all your press contacts or make new press contacts, because press coverage is part of the success of this worldwide project…! And please also use your social or commercial networks like Facebook to communicate your actions!

Tweets and twitter went last year very well also in Turkey…

Follow-ups

Often, people ask questions about follow-up contacts with the countries on which we focused on the past Days of the Endangered Lawyer. I will inform you on this, starting with:

Honduras

The Foundation is still in close contact with lawyers in Honduras, where the situation has deteriorated very much and very quickly in the last years…!

Many lawyers had to flee the country and some of them are also trying to get into the USA as a political refugee.

Yesterday Carmen Elisa Pinto was killed in her car while she was driving .

The Philippines

The Foundation, in collaboration with other organisations, has just organised a successful fact-finding mission to the Philippines, which was also well-supported by the Union International des Avocats, the UIA. I joined the mission as you may know, and we investigated the many murders of lawyers, prosecutors and judges;

Report FFM.

You can find the preliminary findings on the website of the foundation:

dayoftheendangeredlawyer.eu

Also you find info in this report about  the inciting role of President Duterte in these  killings .

This week again a prosecutor Josephine Larranzo Olivar -39 years -was killed.

Since Duterte came into power -2 ½ years ago- 39 lawyers ,judges and prosecutors have been killed 

Turkey

After the last Day of the Endangered Lawyer focussed on Turkey, the Foundation, together with the European Democratic Lawyers, sent a file to the Lawyers for Lawyers organisation in which Selçuk Kozağaçlı and – indirectly – his colleagues were nominated for the Human Rights Award. Because this nomination was successful, the Lawyers for Lawyers Award was assigned to Selçuk and his colleagues…In their absence …! And received by their colleague Ceren Uysal.

She also asked for new strong support from our organizations  for observers for the next trial on the 10 th of July against the same lawyers group.

The latest numbers from Turkey  of this week are : 1546 lawyers persecuted ,599 lawyers arrested ,311 sentenced to 1967 years in prison …!!

———–

The great thing is that at this moment, all of you who are present here, are very active, together with your organisations – in your own way and with your own means – to support the endangered lawyers, in many, many countries and in many different ways!

All our work complements each other’s work. All our different organisations – together here – can and will be very strong.

-IRAN

In support of the endangered Iranian lawyers, this year very good cooperation can be seen…

This year the IDHAE – which is a partnership of many big European Bars and Human Rights Institutes – has awarded the Ludovic Trarieux Prize to Nasrin Sotoudeh. I was happy to be part of that jury meeting last year. The French colleagues gave Nasrin Sotoudeh huge publicity all over France. In many French cities, which followed up each other, an enormous billboard was hung – in a kind of relay (or relais, as they say in French) – from the buildings of each Bar association.

So the human rights prize ceremony is supported and maximised by the follow-up action with the billboards!!!

The Coming Day of the Endangered Lawyer 2020

And now about the choice for next year. Until now the co-organiser AED (European Democratic Lawyers) has not made a final choice yet for a country. The Foundation is today open to all your ideas.

On the other hand, for the coordinators the logistics are also important. In the last 10 years we have experienced that it is very important to have very good contacts and networks in the chosen country to make the Day a real success…!

In many possible countries like Cameroon, Russia, Azerbaijan, our networks are not sufficient at all.

The real success for the Day of the Endangered Lawyer will be that in the country itself there will also be a lot of manifestations, like in Turkey. This happened last year when we focussed on Turkey, but also in earlier years in many Turkish cities there were manifestations for the Day of the Endangered Lawyer… On the other hand, in Egypt and Colombia, there wasn’t any echo, any resonance. There was not a lot of connection.

The International Association of People’s Lawyers, IAPL, let’s say Stuart Russell’s organisation (who could not be present today), has proposed Pakistan for next year’s Day. IAPL has sent us a well-motivated request to choose Pakistan, which was already spread to all of you on the mailing list in April. If you don’t have a copy, I brought some for you!!

We have used the last months to try to find contacts in Pakistan and to create a network to get good information about the situation of the Pakistani lawyers and also to get the Day organised in Pakistan itself… I also asked some of your organisations if they have contacts over there.

For the moment I can say, I wrote to seven or eight lawyers over there, in Pakistan, and I now have already 4 enthousiastic  contacts with colleagues in Pakistan, which I hope will be good.

Unfortunately, my very good contact Asma Jahangir died last year in Lahore as a result of a stroke. She was far too young… Jahangir has won a lot of human rights prizes and she devoted her entire life to human rights, women’s rights, religious rights, et cetera.

As for Pakistan, I want to add that the actual situation in Pakistan is very dangerous for lawyers. I mention the constant persecution of Christians and their defending lawyers, the attacks in Quetta on lawyers with many deaths… And the constant attacks on lawyers who defend minority groups.

Beside the Christians there are 5/6 other religious minority groups which are constantly harassed !!

If you might want to choose for Pakistan – which we prefer as Foundation – we need all your help to continue networking with Pakistani lawyers. So you would support us a lot by asking your contacts for help and cooperation ,and by asking them  to incite their colleagues in Pakistan ,to organize mabnifestations /meetings in Pakistan on the 24th of January.

As we said, the Day has to be well prepared with press contacts and networking and the Day 2020 can only be a success with our mutual and joint efforts!!

Hans en Symone Gaasbeek

Coordination – Foundation Day of the Endangered Lawyer

DOTEL2020Pakistan.Brusselsdoc

https://newint.org/features/2019/06/12/pakistani-lawyer-putting-his-life-line

Over 70 traders booked for clashing with lawyers in Pakpattan

https://gandhara.rferl.org/a/pakistan-mulling-mass-executions-of-dissidents-/29997829.html

https://www.dawn.com/news/1489347/court-sentences-lahore-man-to-death-over-blasphemy

https://www.lawsociety.org.nz/news-and-communications/latest-news/news/pakistan-the-focus-of-2020-day-of-endangered-lawyer

#DayoftheEndangeredLawyer

India: ‘They Would Kill Me One Day’: How Kathua Rape Victim’s Lawyer Fought Death Threats For a Year

June 10, 2019

Deepika Singh Rajawat, who gained international acclaim for taking up the case of the Kathua rape victim, reached the special court in Pathankot early Monday morning for the verdict.

Image result for deepika singh rajawat

Lawyer Deepika Singh Rajawat remained the face of the Kathua gang-rape and murder trial even though the victim’s family sacked her in November last year, alleging she had appeared for just two out of hundreds of hearings in the special court in Pathankot.

Rajawat, who gained international acclaim and awards for taking up the case of the eight-year-old victim, was among the lawyers who reached the special court in Pathankot early morning for the verdict. One reason for the laurels she was showered with was the constant stream of abusive messages and threats, of rape and murder, she had faced while arguing the case.

In a special conversation with News18, Rajawat had talked about the threats she faced while she was representing the family.

Every time she stepped into her house, Rajawat told News18, she double-checked the main gate as she feared for the safety of her own daughter, her husband and herself.

This heightened 24×7 alertness had become a part of her life ever since she took up the gang-rape and murder case, she said. State police had provided her with security after she expressed threat to her life.

“I feel threatened that my family or I might be harmed physically. Also, I feel attempts will be made to damage my dignity,” she had told News18 in October last year while she was still the prosecution lawyer. She feared that one day a narcotic substance could be planted at her house to malign her reputation.

https://www.news18.com/news/india/they-would-kill-me-one-day-how-kathua-rape-victims-lawyer-fought-death-threats-for-a-year-2179581.html

https://thelogicalindian.com/exclusive/deepika-singh-rajawat-kathua/

http://www.newindianexpress.com/nation/2019/jun/11/it-proves-judiciary-does-not-come-under-pressure-lawyer-deepika-rajawat-welcomes-kathua-verdict-1988572.html

https://www.livelaw.in/top-stories/kathua-rape-murder-case-sentencing-145548

http://www.knskashmir.com/Kathua-rape-murder-case-verdict-creates-positivity-in-JK–Mehbooba—38084

https://www.tribuneindia.com/news/jammu-kashmir/verdict-a-tribute-to-victim-lawyer/786193.html

https://www.straight.com/news/1252696/gurpreet-singh-huge-win-defender-human-rights-who-was-honoured-british-columbia

https://www.newsclick.in/Kathua-Case-Victim-Lawyer-Challenges-Faced-Ensuring-Justice

https://khabar.ndtv.com/news/zara-hatke/kathua-rape-murder-case-former-victims-lawyer-deepika-singh-rajawat-tweet-after-verdict-2050902 (HINDI)