Daily Archives: 17/07/2019

The Philippines: Court of Appeals denies NUPL request for temporary protection order

July 17, 2019

(MANILA BULLETIN)

The Court of Appeals (CA) has denied the National Union of Peoples’ Lawyers’ request for a temporary protection order (TPO) that would have prohibited military officials from threatening and harassing its members.

In a July 11 resolution, the Special 15th Division denied the NUPL’s application for the issuance of a TPO on three grounds, even as the union’s petition for the issuance of a writ of amparo remains pending before the appeals court.

The NUPL had sought a TPO that would prohibit the respondent military officials from threatening to violate or violating its members’ right to life, liberty and security.

It alleged its member-lawyers have been wrongfully accused of links to communist rebels, experienced heavy surveillance, harassment, threats, and that some have been killed and falsely charged of crimes.

However, the CA said the Supreme Court has already issued a writ of amparo in favor of the NUPL. “There is no need to issue a TPO independently of the former,” the CA ruled.

The court said the writ of amparo may serve to “prevent a threat from becoming an actual violation against the aggrieved party.”

“The remedy of the writ of amparo includes in its coverage even threatened violations of the aggrieved party’s right to life, liberty, or security,” the CA said.

“Even threat and intimidation that vitiate the free will, albeit not involving any invasion of bodily integrity, may constitute a violation of the right to security in the sense of ‘freedom from threat,'” it added.

The CA also found that the NUPL failed to submit a list of individual NUPL members that would have benefited from the protection order and to identify a person or institution capable of providing the protection they sought.

https://www.gmanetwork.com/news/news/nation/701363/court-of-appeals-denies-nupl-request-for-temporary-protection-order/story/

CA denies NUPL’s plea for protection from so-called military harassment

https://cnnphilippines.com/news/2019/7/16/Sal-Panelo-UN-investigators-refused-entry.html

https://www.philstar.com/headlines/2019/07/17/1935502/appeals-court-rejects-nupl-plea-protection-order-vs-perceived-state-harassment

https://journal.com.ph/news/nation/lawyers-groups-plea-nixed

Court of Appeals denies NUPL bid for protection

CA turns down NUPL’s plea for temporary protection order

https://www.philstar.com/other-sections/news-feature/2019/07/17/1935480/un-rights-resolution-philippines-killings-has-been-adoptedwhat-now

https://www.rappler.com/nation/235717-duterte-administration-dismisses-red-tagging-petition-implausible

https://www.gmanetwork.com/news/news/nation/701538/nupl-s-amparo-suit-up-for-court-of-appeals-decision/story/

17 July 2019

Solicited reaction upon media request on the denial of NUPL’s prayer for Temporary Protection Order (TPO) by the Philippine Court of Appeals (CA);

With due respect, we regret that the CA did not at this point see the necessity and applicability of giving us the Temporary Protection Order which is an ancillary remedy to the privilege of the writ of amparo.

To our understanding, what the Supreme Court (SC) earlier granted was only the writ and not yet the privilege of the writ.

While significant, the writ only mandated the respondents to answer (“make a return”) the Petition. That is precisely why the SC ordered the CA to conduct hearings to determine whether or not the privilege will be granted.

In the meantime, ancillary remedies like the TPO can be granted “at anytime before final
judgment” as are warranted, which TPO becomes part of the privilege of the writ as a final legal remedy.

Also, our reading of the Rules say that it is not incumbent at this point on us the petitioners seeking protection to name the specific entity to provide the protection. Nor is it necessary – much less wise or prudent – to provide a full list of our members at this point. That can come as a matter of course.

More importantly, the orchestrated labelling, “red-tagging”and villification we continue to endure must be seen in the context of a proven pattern that they can and have led to the extreme – extrajudicial killings and enforced disappearances.

Hence, we feel at a loss given that we do not have any effective and immediate domestic remedy to legally protect us from the continuing attacks on our lives, liberty and security and against the relentless vexatious smear campaign by State forces.

Lamentably, these attacks are matched by parallel vile language and arrogant innuendos from their swaggering defenders who mock us with utter contempt. #

Reference:

Edre U. Olalia
NUPL President
and co-Petitioner
+639175113373

UAE: 7th anniversary of imprisonment of rights lawyer Mohammed Al-Roken

July 17, 2019

Image may contain: 1 person, smiling, text

Today marks a sad anniversary: the 7th year of imprisonment of Mohammed Al-Roken, an Emirati lawyer committed to the defense of human rights and the rule of law. The UIA reiterates its request to the authorities of the United Arab Emirates: secure the immediate and unconditional release of our colleague! #UAE #FreeAlRoken #UIAIROL #Lawyers4Lawyers

(UIA Facebook, 17/07/19)

https://www.theyworkforyou.com/wrans/?id=2019-07-08.274580.h&p=11132

http://icfuae.org.uk/research-and-publications-factsheets/dr-mohammed-al-roken%C2%A0

https://www.frontlinedefenders.org/en/profile/mohamed-al-roken

The Dark Side of the UAE

https://www.amnesty.org/en/latest/news/2014/12/dr-mohammed-al-roken-it-takes-extraordinary-person/

https://www.aljazeera.com/news/2017/05/lawyer-mohammed-al-roken-awarded-human-rights-prize-170528103532469.html

http://echr.org.uk/news/seven-years-after-his-arrest-we-call-release-dr-mohamed-al-roken

https://www.echr.org.uk/en/issues/international-association-lawyersuia-calls-release-dr-mohammed-alroken

http://www.ludovictrarieux.org/

https://fr.wikipedia.org/wiki/Prix_Ludovic-Trarieux

https://en.wikipedia.org/wiki/Mohammed_Al-Rukn

http://echr.org.uk/ar/news/بسبب-عمله-الحقوقي،-الدكتور-محمد-الركن-يدخل-عامه-السابع-في-سجون-دولة-الإمارات (ARABIC)

http://www.libertas.sm/notizie/2017/11/13/san-marino-la-camera-penale-al-premio-ludovic-trarieux.html (ITALIANO)

Image may contain: 1 person, smiling, text

Bangladesh: Missing lawyer found dead in Tangail

July 13, 2019

Freedom fighter and lawyer Mia Md Hassan Ali Reza-Tangail

Police recovered a partially decomposed body of a missing lawyer from Louhojang river bank of Tangail town this afternoon.

Mia Md Hassan Ali Reza, 76, senior lawyer of Advocate Bar Association, was a freedom fighter and a central committee member of Krishak Sramik Janata League. He was a resident of Sabalia area of Tangail, our local correspondent reports.

Advocate Ali Reza remained missing since July 8, said Saidul Haque Bhuiyan, officer-in-charge of Tangail Sadar Model Police Station.

His son Mahmudul Hasan Litu filed an abduction case against unidentified people the next day.

Police detained four people for interrogation based on the call list of his mobile phone, the OC said.

https://www.thedailystar.net/country/missing-lawyer-found-dead-in-tangail-1770862

https://www.dhakatribune.com/bangladesh/nation/2019/07/13/missing-freedom-fighter-found-dead-in-tangail

India: Advocates Protection Act to be tabled soon, says MP minister

July 16, 2019

Lawyers across Madhya Pradesh observed a state wide strike on Tuesday demanding a law for their protection. Minister for Law and Legislative Affairs PC Sharma said the proposed legislation envisages stricter punishment for threats or attacks on lawyers while discharging their duties.

Advocates Protection Act-2019,madhya pradesh,madhya pradesh lawyers

The Madhya Pradesh government Tuesday said the draft of the Advocates Protection Act-2019 has been prepared and will soon be presented for approval in the state cabinet.

Lawyers across Madhya Pradesh observed a state wide strike on Tuesday demanding a law for their protection.

“The draft of Advocates Protection Act-2019 has been prepared so that lawyers can carry out their duties without fear. The draft will soon be presented for the approval of the state cabinet,” state Minister for Law and Legislative Affairs PC Sharma said at a press conference here.

Sharma said the proposed legislation envisages stricter punishment for threats or attacks on lawyers while discharging their duties.

The minister said then Chief Minister Shivraj Singh Chouhan had said his government would introduce a protection law for lawyers on August 12, 2012, but it never happened.

State Bar Council president Shivendra Upadhyay in Jabalpur claimed about 90,000 lawyers abstained from work in various MP courts in support of early implementation of the Advocates Protection Act.

https://www.hindustantimes.com/india-news/advocates-protection-act-to-be-tabled-soon-says-mp-minister/story-TOysr9cCc56rnN6NcHGlZJ.html

https://www.thehindu.com/news/national/other-states/lawyers-strike-work-in-mp-seek-protection-law/article28493399.ece

https://www.thehitavada.com/Encyc/2019/7/16/Judicial-employees-go-on-mass-leave-demanding-action-against-judge.html