Monthly Archives: August 2019

Pakistan/Day of the Endangered Lawyer: Contempt notice for PBC leader withdrawn

Sem categoria 31/08/2019 Leave a comment

August 31, 2019

Image result for Pakistan Bar Council

Peshawar High Court Chief Justice Waqar Ahmad Seth on Friday withdrew a contempt notice issued to Pakistan Bar Council vice-chairman Syed Amjad Shah after a delegation of senior lawyers from across the country called on him and requested him to drop the charges.

Few days ago, a notice was issued to the PBC vice-chairman through the high court’s additional registrar asking him to appear before the chief justice on Aug 30 in relation to certain allegations he had made in an interview on an internet channel on July 20.

The senior lawyers declared the meeting with the chief justice a jirga in line with the longstanding rich traditions of the province.

Chief Justice Waqar Ahmad Seth began hearing into the case in the morning but it was put off at the request of senior lawyers.

The hearing resumed later in the day after a meeting with the ‘jirga’ members.

…

https://www.dawn.com/news/1502694/contempt-notice-for-pbc-leader-withdrawn

https://www.thenews.com.pk/print/519841-lawyers-jirga-phc-cj-withdraws-contempt-of-court-notice-to-pbc-vice-chairman

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

https://www.facebook.com/PakistanBarCouncil/?ref=py_c

https://fp.brecorder.com/2019/08/20190831514134/

https://eldh.eu/2019/07/25/day-of-the-endangered-lawyer-24-january-2020-pakistan/

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

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Day of the Endangered Lawyer

China: Human rights lawyer disappears months after release

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August 30, 2019

ChinaAid learned today that renowned human rights lawyer Tang Jingling has gone missing, only months after he was released from five years in prison.

Tang, who has spent his career defending the rights of those victimized by the Chinese Communist Party, had only been out of jail since April 29. He was previously taken into police custody in the days leading up to the 2014 anniversary of the Tiananmen Square Massacre and sentenced to five years in prison—including those he had already served—in 2016.

No one has been able to verify Tang’s whereabouts, and ChinaAid President Bob Fu believes he Tang may have been detained again.No further details are available at this time. ChinaAid will continue to report on this case as it unfolds.

https://www.chinaaid.org/2019/08/human-rights-lawyer-disappears-months.html

https://www.scmp.com/news/china/politics/article/3008336/freed-lawyer-tang-jingling-vows-continue-fight-human-rights

Tang Jingling (唐荆陵)

https://www.lemonde.fr/idees/article/2019/08/30/il-est-temps-de-mettre-fin-aux-disparitions-forcees-orchestrees-par-le-gouvernement-chinois_5504507_3232.html (FRANCAIS)

【轉發】
中國人權律師團律師
關於余文生案的聲明

中國人權律師團律師余文生，代理多起人權類案件，僅因行使公民建議的憲法權利，建議修改憲法相關條款，建議改變現行的國家領導人產生方式，即被以煽動顛覆國家政權罪名抓捕、起訴、審判。

除了對其行使憲法權利的打壓這一根本性目的的反法治和反正義之外，對余文生律師的追訴過程也充滿了違背基本法律程序的極度不正義：

一、隨意非法指定管轄。將案件指定到與余文生律師無任何關係的江蘇徐州，充分展現了這一案件從一開始就不具有任何法治和正義可言。

二、秘密關押。以所謂指定居所監視居住為名，行秘密關押之實。為酷刑和其他不人道待遇製造環境條件。

三、官派律師。強迫當事人意志、剝奪家屬代請律師的權利，安排官派律師充當道具進行合法性掩飾。

四、秘密審判。在不通知其妻子的情況下秘密開庭審判，嚴重破壞公開審判的法治原則，嚴重侵犯親屬對當事人進行關切的人道權利。

五、久押不判。距離余文生律師失去人身自由已經611天過去了，距離其被秘密開庭也已經116天過去了，至今仍然沒有任何釋放或者判刑的消息，讓親朋在等待的希望與絕望之間的不確定性境地中掙扎煎熬，太無人道。

基於以上，我們，中國人權律師團律師，為我們的同仁余文生律師，呼籲如下：

一、公民批評建議的憲法權利應當得到保障，任何人都不應該因行使憲法權利而遭到刑事迫害。

二、請社會各界人士，對余文生律師案的命運給予高度關注，強烈譴責對余文生律師的迫害。

三、盡快判決余文生律師無罪釋放。

中國人權律師團律師
2019年9月3日

#余文生 #中國 #人權律師 #秘密審判

(China Human Rights Lawyers Concern Group / 中國維權律師關注組 Facebook, 03/09/19)

India: Missing LLM student: UP Police says girl located in Rajasthan, Supreme Court says produce her before Court today

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August 30, 2019

missing

The Supreme Court has directed the State of Uttar Pradesh to produce before it today the LLM student who had gone missing from Shahjahanpur, after her allegations of sexual harassment against former Union Minister and BJP leader Swami Chinmayanand surfaced online. The Court also directed the Registrar Judicial to make internal arrangements to facilitate her production in camera.

This order was passed today after the Court was informed that the LLM student who had gone missing on August 24 has been located in Rajasthan. The Court said that after it interacts with the girl, it will reassemble to pass further orders.

The LLM student from the Swami Shukdevanand Law College (SS Law College) in Shahjahanpur in Uttar Pradesh had posted videos online leveling allegations of sexual harassment against Swami Chinmayanand. The student went missing three days after the allegations were made.

The Court had taken suo motu cognizance of the incident after a group of lawyers had written a letter to the Court urging for the same. The matter was mentioned before the Bench headed by Justice NV Ramana on Wednesday.

When the suo motu case was taken up for hearing today by the Bench of Justices R Banumathi and AS Bopanna, the Court was informed by Advocate Shobha Gupta that the girl had been located in Rajasthan according to a statement released by the UP Police. She was being taken back to her home in Shahjahanpur from Rajasthan, the UP Police has claimed.

…

https://barandbench.com/sc-up-police-produce-missing-llm-student-before-it-today/

https://www.indiatoday.in/india/story/chinmayanand-sexual-abuse-case-supreme-court-1593470-2019-08-30

https://timesofindia.indiatimes.com/city/lucknow/up-missing-shahjahanpur-law-student-recovered-from-rajasthan/articleshow/70906242.cms

https://www.news18.com/news/india/whats-the-authentication-of-report-asks-supreme-court-up-police-claim-shahjahanpur-missing-girl-chinmayanand-2290111.html

https://www.indiatoday.in/india/story/chinmayanand-sexual-abuse-missing-law-student-mobile-phone-shahjahanpur-update-1592573-2019-08-28

https://www.news18.com/news/india/he-destroyed-lives-of-many-girls-law-student-goes-missing-days-after-accusing-ex-union-minister-of-harassment-2285527.html

The Philippines: PNP files kidnapping raps vs Trillanes, 3 others

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August 30, 2019

The Philippine National Police has filed kidnapping with serious illegal detention complaint against former Sen. Antonio Trillanes IV and three others.

The PNP-CIDG accused Trillanes of violating Article 267 of the Revised Penal Code over the alleged kidnapping of Guillermina Lalic Barrido, also known as Guillerma Arcillas.

Others named as respondents are Fr. Albert Alejo, lawyer Jude Sabio, a certain “Sister Ling” of the “Convent of Cannussian Sisters” in Makati City and other unidentified persons.

The order named in the CIDG complaint does not exist although there is a Canossian Daughters of Charity convent in Paco, Manila.

The complaint stemmed from Barrido’s signed affidavit where she claimed that in December 2016, she was brought to a room in the “Convent of Cannussian Sisters” and was not allowed to leave.

Barrido said she was later transferred to a convent in Quezon City. She claimed she was accompanied by Alejo, Sister Ling and a certain Olivia, who is supposedly a member of the staff of Vice President Leni Robredo.

She said that Trillanes had repeatedly called her, telling her she cannot leave unless she signs the affidavit.

“It is clear from the foregoing that herein respondents feloniously, maliciously and intentionally put the complainant under detention for 14 days in order to force her to do something against her will,” the PNP-CIDG said.

Trillanes: A clear case of harrasment

In a statement, Trillanes slammed the PNP’s complaint as a clear case of “harrassment  and persecution of Duterte against his critics.”

…

Sabio served as legal counsel of Matobato, man who has testified in the Senate that he was part of a hit squad that operated on Duterte’s orders.

Sabio and Trillanes are among the parties that called the International Criminal Court’s attention to alleged extrajudicial killings in the country under the Duterte administration.

…

https://www.philstar.com/headlines/2019/08/30/1947676/pnp-files-kidnapping-raps-vs-trillanes-3-others

https://www.philstar.com/headlines/2019/08/31/1947826/cidg-files-kidnap-rap-vs-trillanes

https://www.rappler.com/nation/238900-police-revive-witness-sue-trillanes-priest-kidnapping

https://news.abs-cbn.com/news/08/30/19/trillanes-faces-kidnap-rap-accused-of-forcing-trader-vs-duterte

https://news.abs-cbn.com/news/08/30/19/trillanes-refutes-kidnap-rap-cites-video-showing-victim-tagging-duterte

Trillanes denies kidnap charges

http://www.asianews.it/news-en/Priest-and-nun-accused-of-kidnapping-47872.html

https://tribune.net.ph/index.php/2019/08/31/putschist-rapped-also-for-kidnap/

https://www.rappler.com/thought-leaders/238385-political-dynasties-impossibility-of-democracy

https://mindanaogoldstardaily.com/abyss-of-no-return/

https://www.philstar.com/pilipino-star-ngayon/bansa/2019/08/31/1947814/trillanes-4-pa-kinasuhan-ng-kidnapping (TAGALOG)

http://asianews.it/notizie-it/Manila,-sacerdote-e-suora-accusati-di-rapimento-47872.html (ITALIANO)

http://www.asianews.it/news-zh/%E7%A5%9E%E7%88%B6%E5%92%8C%E4%BF%AE%E5%A5%B3%E8%A2%AB%E6%8C%87%E6%8E%A7%E7%BB%91%E6%9E%B6-47872.html (CHINESE)

Pakistan/Day of the Endangered Lawyer: Punjab lawyers on strike against murderous attacks

Sem categoria 30/08/2019 Leave a comment

August 30, 2019

Image may contain: one or more people

The Punjab Bar Council strongly condemns the murderous attack on Mr. Nouman Qureshi Ex-Member Punjab Bar Council & his Advocate brother at his office in which he got injured. Such incidents depict the failure of the law enforcement agencies. In condemnation of the aforesaid incident the lawyers of Lahore division will observe a full day strike on 31.08.2019 and will not appear in the courts. The Punjab Bar Council also demands the immediate arrest of the culprits who flood away from the scene of occurrence. The Punjab Bar Council demands strict action to be taken against the culprits in accordance with the law.

Ch Shah Nawaz Ismail Gujjar
Vice Chairman
Punjab Bar Council

Iftkhar Ibrahim Quraishi
Chairman Executive Committee
Punjab Bar Council.

(Punjab Bar Council Facebook, 30/08/19)

https://eldh.eu/2019/07/25/day-of-the-endangered-lawyer-24-january-2020-pakistan/

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

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https://twitter.com/petervdalen/status/1162772448955289600

Day of the Endangered Lawyer

The Philippines/USA: Letter to President Duterte Concerning Attacks on Legal Professionals

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August 28, 2019

New York City Bar

Re:  Continuing Attacks on Judges, Prosecutors, Lawyers, and Other Legal Professionals

Dear Mr. President:

The New York City Bar Association writes to express its profound and ongoing concern in the wake of violent attacks on judges, prosecutors, lawyers, and other legal professionals in the Philippines.

The Association is a 148-year-old organization of more than 24,000 members in New York City, throughout the United States, and in more than fifty countries around the globe. Our members include judges, prosecutors, defense counsel, government lawyers, and public interest/non-governmental organization practitioners, as well as legal academics and attorneys representing nearly every major law firm and corporation in the United States. The Association has a long and distinguished history of promoting the rule of law and human rights (including the rights of legal professionals to fulfill their professional obligations), chiefly through the Association’s Committee on International Human Rights, together with its Committee on Asian Affairs (and its other regional committees), as well as its Task Force on the Independence of Lawyers and Judges.

Under the Duterte Administration, legal professionals—which include judges, prosecutors, lawyers, and paralegals—have been harassed, assaulted, and assassinated in connection with your war on drugs (known as Oplan Tokhang).[1] As discussed further in this letter, attacks on Philippine lawyers often correlate with, among others, their representation of clients who are charged with being members of dangerous drug cartels, attorneys’ accusations of corruption against the police and army, and for promoting due process rights.  Similarly, prosecutors and judges are attacked in connection to their decisions involving prosecutorial discretion and the exercise of due process rights, among other issues.

Your Administration’s tacit (often explicit) support for these attacks, your failure to condemn the attacks, and your failure to properly investigate the attacks and bring the perpetrators to justice have fostered a culture of impunity throughout the Philippines.[2] In short, as outlined in greater detail below, your Administration is waging not only a war on drugs, but also a war on legal professionals and human rights defenders, and a war on the justice system and the Rule of Law itself.

…

https://www.nycbar.org/member-and-career-services/committees/reports-listing/reports/detail/letter-to-president-duterte-concerning-attacks-on-legal-professionals

https://www.scmp.com/news/asia/southeast-asia/article/3015255/philippine-drug-war-deaths-pile-duterte-admits-losing

https://www.philstar.com/nation/2019/08/30/1947502/pnp-probe-vigilantes-tagged-negros-killings

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India: ‘Threatened For Representing Muslims In Ayodhya Case’ : Senior Adv Rajeev Dhavan Moves SC For Criminal Contempt

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August 30, 2019

Alleging that he was threatened for representing Muslim parties in the Ayodhya-Babri Masjid dispute, Senior Advocate Dr Rajeev Dhavan has filed a petition in the Supreme Court seeking action for criminal contempt against a Chennai-based professor.

…

https://www.livelaw.in/top-stories/threatened-for-representing-muslims-in-ayodhya-case-senior-adv-rajeev-dhavan-sc-criminal-contempt-147618

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

Russia: “They poured some mud on me.” Lyubov Sobol accused “Progozhin’s bastards” of attack

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August 30, 2019

“They poured some mud on me.” Lyubov Sobol accused “Progozhin’s bastards” of attack

Unknown persons attacked the opposition politician and Anti-Corruption Fund lawyer Lyubov Sobol near her house in Moscow and poured mud on her. The scene was filmed, Sobol tweeted. In her opinion, the attack was organized by Yevgeny Prigozhin, who is dubbed “Putin’s cook” in the media.

“I have just been attacked near the entrance of my house, when I was getting in a taxi, they poured some mud on me, flooded the interior of the car. All this was filmed by a Progozhin’s bastard on video,” she wrote.

In March, the Anti-Corruption Fund Head Alexei Navalny stated that on the orders of Prigozhin, unknown young people followed him daily.

The day before the attack, Sobol announced a forthcoming peaceful rally against political repression to take place in Moscow on August 31. The politician said the mayor’s office has not agreed on a single rally from the opposition on this date.

…

https://en.crimerussia.com/gromkie-dela/they-poured-some-mud-on-me-lyubov-sobol-accused-progozhin-s-bastards-of-attack-/

https://www.themoscowtimes.com/2019/08/29/opposition-figure-sobol-attacked-outside-moscow-apartment-a67075

https://www.devdiscourse.com/article/headlines/650415-russian-opposition-leader-lyubov-sobol-attacked-with-green-substance

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

https://www.novayagazeta.ru/news/2019/08/29/154774-lyubov-sobol-oblili-neizvestnoy-zhidkostyu-na-vyhode-iz-doma?print=true (RUSSIAN)

https://www.vectornews.net/news/world/135979-rosysku-opoziconerku-lyubov-sobol-oblili-u-moskv-fekalyami.html (RUSSIAN)

https://t24.com.tr/haber/rusya-da-protestolarin-lideri-kabul-edilen-muhalif-siyasetci-sobol-a-saldiri,837043 (TURKCE)

https://www.nytimes.com/aponline/2019/08/29/world/europe/ap-eu-russia-election.html?partner=IFTTT

India: New law to protect lawyers from assault

Sem categoria 30/08/2019 Leave a comment

August 29, 2019

Madhya Pradesh has emerged as the first state in India to enact a law to protect lawyers from being assaulted. If doctors can unite to protect themselves from being assaulted in hospitals when they do not attend patients on time.

Madhya Pradesh former Chief Minister Shivraj Singh Chouhan

Madhya Pradesh has emerged as the first state in India to enact a law to protect lawyers from being assaulted. If doctors can unite to protect themselves from being assaulted in hospitals when they do not attend patients on time, there is no reason why lawyers, whose profession is as hazardous as doctors, should not be protected–like journalists who also serve society. The new law provides a jail term up to seven years for anybody obstructing a lawyer from discharging his functions, pressurizing him or threatening him to do something illegal or abstain from doing something lawful. The law is a welcome addition to the Advocates Act, 1961 which could have been amended by Parliament to protect lawyers throughout India.

Former Madhya Pradesh chief minister Shivraj Singh Chouhan announced in 2012 the Advocate Protection Bill would be introduced in the assembly during the monsoon session. Coming ahead of the assembly elections in 2018, Chouhan’s announcements were made to woo lawyers’ votes. Significantly, the Congress, the main opposition in MP had promised to implement the law within a month if the party was elected to power.

Chouhan also announced a hike—to Rs 5 lakh—in the maximum limit of funds for treatment of serious ailments afflicting advocates. In case of untimely death, Rs 4 lakh would be given to the kin of deceased advocates, which would include Rs 2 lakh from the state government and Rs 2 lakh from the state bar council. But like all politicians, Chouhan forgot his promises.

There are around 90,000 lawyers in MP alone. Bar councils and bar associations in several states, including Maharashtra, Andhra Pradesh and Uttar Pradesh, have over the years vainly sought a law to protect lawyers from assault. This is why lawyers in Bhopal launched several agitations last year to demand such a law.

…

https://www.freepressjournal.in/editorspick/2019/08/29/new-law-to-protect-lawyers-from-assault

https://www.edexlive.com/news/2019/aug/29/unnao-law-student-still-missing-sc-lawyers-write-to-cji-to-take-suo-motu-cognizance-7697.html

https://www.firstpost.com/india/chinmayanand-sexual-harassment-case-sc-takes-cognisance-after-law-student-goes-missing-matter-to-be-heard-today-7251241.html

http://www.indialegallive.com/did-you-know-facts-about-news/perspective-news/advocate-protection-bill-a-sense-of-security-48868

https://timesofindia.indiatimes.com/city/patna/introduce-advocate-protection-act-lawyers/articleshow/66975761.cms

Thailand: The Attorney General ruled not to prosecute Lawyer June for not allowing police to search her car, due to her lack of intention to comply with the order

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August 30, 2019

On 27 August 2019, Ms. Sirikan Charoensiri, known as Lawyer June, went to meet the inquiry officer who was responsible for her case at Chanasongkram Police Station, Bangkok, to hear the Attorney General’s order not to prosecute her on an allegation of concealing evidence.  The order was due to the fact that there was no intention to hide any evidence since she only complied to the recommendation from military court officers to keep the belongings of the alleged fellow activists by her side. Furthermore, the police made the request to search her car during the night and without providing any reasonable legal grounds.

For the other charge of not complying with an official order without reasonable grounds or explanation, the responsible prosecutor issued an order to dismiss the case due to be barred by prescription.  As a result, the criminal proceedings against lawyer Ms. Sirikan for two such allegations have been terminated.

Today the representatives from the embassies of Canada, Sweden, Germany, the United States, the European Union, and officials from human rights organizations including Amnesty International (Regional Office) came to observe the proceedings.

Detailed accounts of the final non-prosecution order and the termination of legal proceedings

On 26 July 2019, the office of the Special Prosecutor issued notification document No. 0013.3/1076 to Chanasongkram Police Station giving a final order not to prosecute and to terminate the proceedings against lawyer Sirikan.  In summary, the document provided the following details:

…

https://www.tlhr2014.com/?p=13569&fbclid=IwAR2axLGo0dJ6hVoAKljha8PXyM4dPEaDt6hge-6MF5rfK9pHF3a8XtcK4ao&lang=en

https://www.frontlinedefenders.org/en/case/judicial-harassment-against-sirikan-charoensiri

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

https://www.facebook.com/tlhr2014/

https://www.tlhr2014.com/?p=13465 (THAI)

https://fr.wikipedia.org/wiki/Sirikan_Charoensiri (FRANCAIS)