Daily Archives: 15/08/2019

India/Jammu & Kashmir: Inside locked down Kashmir, a reporter finds fear and chaos

August 14, 2019

My car moved within a column of Indian army vehicles and a cloud of dust. On a normal day, it would have been a smooth journey from the airport in Srinagar, the summer capital of Jammu and Kashmir state, to my family home in the northern town of Baramulla.

But life is very different in the Kashmir Valley these days. The part that India controls is now under an unprecedented security crackdown to prevent an uprising after the central government in New Delhi unexpectedly stripped the region’s special constitutional status, the last vestige of real autonomy for the predominantly Muslim region that is claimed by both India and Pakistan.

Hundreds of Indian soldiers, armed with automatic rifles, patrol the Srinagar-Baramulla highway, a 35-mile (56-kilometer) -long road that connects the region’s main city with its northern towns. Civilian traffic is sporadic. Shops are shuttered. Army trucks gather speed along the road. And spools of concertina wire block the streets that branch off the highway, forcing residents to remain indoors.

The Indian-controlled part of Kashmir is under lockdown.

Authorities in Baramulla carried out a spree of arrests, including political activists, former protesters and some stone-throwers. But they also arrested intellectuals and lawyers, according to several families I spoke to who described midnight raids. Because of the communication embargo, my calls from Delhi seeking comment from authorities didn’t go through.

https://apnews.com/7615ee6045c642819b79a39a4c3597cc

https://www.news18.com/news/india/jk-high-court-bar-association-president-mian-qayoom-and-others-shifted-to-jail-outside-kashmir-2264689.html

https://www.outlookindia.com/newsscroll/president-of-hc-bar-association-in-kashmir-mian-qayoom-and-others-shifted-to-jail-outside-valley/1593610

https://www.business-standard.com/article/pti-stories/jk-govt-shifts-20-more-troublemakers-from-kashmir-to-agra-mian-qayoom-among-25-flown-out-on-thursday-119080901234_1.html

Tajikistan: The Prosecutor General’s Office began an investigation into the use of torture against a lawyer

August 13, 2019

The Prosecutor General’s Office of Tajikistan has appointed a re-examination of the allegation of torture against lawyer Abdulaziz Abdurahmonzoda: anti-corruption officers knocked out his tooth during his arrest.

https://www.asiaplus.tj/en/node/270998

Image may contain: one or more people

🇹🇯 IBAHRI is deeply concerned by the recently published information that a Tajik lawyer Mr Abdulaziz Abdurahmonzoda has been illegally detained and tortured by the operative forces of Tajikistan. Attacks against the legal profession, including unlawful detentions, strongly undermine the lawyers’ ability or willingness to undertake certain cases or represent certain clients, and in turn jeopardize the rule of law and access to justice principles. Prohibition of torture is a jus cogens norm and an absolute prohibition under both Tajik and international law, that cannot be justified under any circumstances.
Given the seriousness of the matter, we therefore call on the Prosecutor General’s Office of Tajikistan to conduct a fair and impartial investigation into these disturbing allegations and ultimately hold responsible persons to account.

(International Bar Association’s Human Rights Institute Facebook, 15/08/19)

Hong Kong: Jailed Hong Kong Umbrella Movement leader Benny Tai released on bail pending appeal

August 15, 2019

umbrella movement occupy trial

Benny Tai, one of the nine leaders jailed for participation in the 2014 pro-democracy Umbrella Movement, has been allowed bail pending an appeal.

Legal scholar Tai was sentenced to 16 months in prison in April over public nuisance charges. He applied for an appeal to overturn his conviction and sentencing.

Mr Justice Andrew Macrae, vice-president of the Court of Appeal, approved the HK$100,000 cash bail application on Thursday. Tai has to surrender his travel document, cannot leave Hong Kong and must live at the address he has given.

Macrae said the appeal will be held between February 24 and 26 next year.

All nine activists have filed appeals to overturn their conviction. Other than Tai, Chan Kin-man, Shiu Ka-chun and Raphael Wong, who were given jail sentences, also appealed over prison terms. Chan was sentenced to 16 months in prison as well.

Jailed Hong Kong Umbrella Movement leader Benny Tai released on bail pending appeal

https://www.scmp.com/news/hong-kong/politics/article/3022869/hong-kong-law-scholar-benny-tai-serving-jail-term-co

https://www.aljazeera.com/news/2019/08/hong-kong-pro-democracy-leader-benny-tai-released-bail-190815050454547.html

https://www.smh.com.au/world/asia/key-protest-leader-released-as-hong-kong-establishment-calls-for-talks-20190815-p52hjl.html

https://www.washingtonpost.com/business/hong-kong-umbrella-movement-leader-released-on-bail/2019/08/15/8aba3df4-bf3d-11e9-a8b0-7ed8a0d5dc5d_story.html

https://www.telegraph.co.uk/news/2019/08/12/british-academics-call-university-hong-kong-not-dismiss-jailed/

https://www.amnesty.org/en/get-involved/take-action/stop-the-hong-kong-extradition-bill/

http://www.jeromecohen.net/jerrys-blog/2019/8/15/hong-kongs-crisis-what-do-lawyers-have-to-do-with-it

https://www.geo.tv/latest/244957-hong-kong-readies-for-more-protests-trump-ties-crisis-to-us-china-trade-deal

http://news.trust.org//item/20190815091357-t3qad/

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

https://hk.feature.appledaily.com/goodestchannel/video/5d53e17841d483000718d907/%E6%88%B4%E8%80%80%E5%BB%B7%E7%8D%B2%E4%BF%9D%E9%87%8B%E7%AD%89%E5%80%99%E4%B8%8A%E8%A8%B4%20%E7%9B%B4%E6%93%8A%E5%BA%AD%E5%A4%96%E6%83%85%E6%B3%81 (CHINESE)

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

http://www.tynpanama.com/salud/Crisis-de-Hong-Kong-China-muestra-el-poder-militar-en-la-frontera-h5213.html (ESPANOL)

https://www.cope.es/actualidad/espana/noticias/uno-los-lideres-revolucion-los-paraguas-2014-queda-libertad-20190815_479488 (ESPANOL)

https://www.zeit.de/news/2019-08/15/hongkong-laesst-protest-anfuehrer-von-2014-frei (DEUTSCH)

https://www.spiegel.de/politik/ausland/hongkong-demokratie-aktivist-benny-tai-ueberraschend-freigelassen-a-1282037.html (DEUTSCH)

https://www.repubblica.it/esteri/2019/08/15/news/crisi_di_hong_kong_la_cina_fa_sfoggio_di_potenza_militare_al_confine-233653711/ (ITALIANO)

https://www.yeniakit.com.tr/haber/hong-kongda-semsiye-devrimi-protestolarinin-lideri-kefaletle-serbest-birakildi-886885.html (TURKCE)

https://www.hurriyet.de/news_hongkong-land-228-sst-protest-anfand-252-hrer-benny-tai-frei_143522535.html (TURKCE)

China: 【Joint Letter Regarding the Revocation of Lawyer Li Jinxing’s License】

August 14, 2019

China Human Rights Lawyers Concern Group

China human rights lawyer Li Jinxing received a notice from the Shandong Provincial Department of Justice on 22 July 2019 regarding the administrative penalty of revocation of his license due to his posts on social media platform Weibo. His posts were allegedly inappropriate, slandering the Justice Bureau and provoking discontentment against the Party. On 6 August 2019, Li’s hearing took place at the Shandong Lawyers Association. Later in the evening, the decision was passed down that the practice certificate be officially revoked.

Regarding the Chinese government’s administrative measures taken against lawyers in recent years, we request the following:

1.          To stop using Lawyers Law of the People’s Republic of China (the Lawyers’ Law), the Administrative Measures for the Practice of Law by Lawyers and the Administrative Measures for Law Firms to assert administrative pressure on lawyers as a means of deterring lawyers from acting for clients who are being prosecuted by the Chinese Government;

2.          To revoke administrative measures taken against lawyers that have been issued and improperly interfere with lawyers’ legitimate professional functions;

3.          To guarantee that lawyers will not experience threats and obstruction from the State while carrying out their professional duties, and that their representations on behalf of clients not be used against them for prosecution or administrative penalty; and

4.          To immediately stop all forms of harassment, threats and assaults on human rights lawyers and their law firms.

http://www.chrlawyers.hk/en/content/%E3%80%90joint-letter-regarding-revocation-lawyer-li-jinxing%E2%80%99s-license%E3%80%91

China: Joint Letter Regarding the Revocation of Lawyer Li Jinxing’s License | Joint Letter

China: Denial of Medical Treatment to Lawyer Wang Quanzhang | Letter

https://www.scmp.com/news/china/politics/article/3021863/china-strips-rights-lawyer-li-jinxing-licence-over-improper

He Haibo’s defense of attorney Li Jinxing

https://www.rfa.org/english/news/china/lawyer-family-08162019154938.html

https://www.voachinese.com/a/Joint-Letter-On-Revocation-Of-Lawyer-Li-Jinxing-20190814/media/video/5041779.html (CHINESE)

https://mp.weixin.qq.com/s/24zYw4H3QkYA1B82yEdodA (CHINESE)

Spain/Brazil: Brazil authorizes extradition of one of the perpetrators of the 1977 Madrid massacre

August 14, 2019

Los compañeros de los abogados asesinado portan el féretro de una de las víctimas de la matanza. El 26 de enero de 1977, dos días después del atentado, se celebró el funeral, que estuvo acompañado por una increíble multitud de españoles que manifestaron libertad y justicia

The extradition of the Spanish Carlos García Juliá, convicted of participating in the massacre of left-wing lawyers committed in Madrid in 1977, was authorized by the Brazilian Supreme Court.

The Brazilian authorities thus complied with the Spanish Government’s request for the extradition of the former right-wing militant of the far-right Força Nova party, one of the perpetrators of the massacre in which three labour lawyers, a law student and an administrative officer were shot dead.

García Juliá, who served 14 of the 193 years in prison to which he was sentenced in 1980, was on the run and was arrested on December 2018 in the Brazilian state of Sao Paulo, where he lived under a false Venezuelan identity.

The Spanish court asked the Government to ask the Brazilian authorities to extradite García Juliá, on the understanding that the sentence imposed on him was not prescribed and that he had to serve 3,855 days in prison.

In a public hearing held on Tuesday, the Brazilian Supreme Court (STF) authorized the extradition of Spanish because it considered that the necessary requirements, such as the typification of crimes and the non-configuration of a political crime, were met.

In an opinion sent to the Supreme Court, the Attorney General of the Republic of Brazil, Raquel Dodge, recommended extradition by “not verifying” that the petition filed by the Spanish authorities “was filed with a view to harassing or punishing the extradited by political opinion.”

However, details of the extradition process have not yet been released.

The former Força Nova militant, who was 24 years old when he committed the massacre, was convicted in 1980 of five homicides and four attempted homicides at the law office of the trade union Commissions Operarias, located at 55 Atocha Street in central Madrid.

Brazil authorizes extradition of one of the perpetrators of the 1977 Madrid massacre

https://en.wikipedia.org/wiki/1977_Massacre_of_Atocha

Backgrounds

https://elpais.com/politica/2019/08/14/actualidad/1565734532_492520.html (ESPANOL)

https://www.abc.es/historia/abci-matanza-abogados-atocha-barbarie-pudo-tumbar-democracia-espanola-201908141430_noticia.html (ESPANOL)

https://www.elmundo.es/espana/2019/08/14/5d5332c3fc6c8393748b46b5.html (ESPANOL)

https://www.europapress.es/nacional/noticia-brasil-autoriza-garcia-julia-autores-matanza-abogados-atocha-sea-extraditado-espana-20190814091134.html (ESPANOL)

https://es.wikipedia.org/wiki/Matanza_de_Atocha_de_1977 (ESPANOL)

https://www.dn.pt/mundo/interior/brasil-autoriza-extradicao-de-um-dos-autores-de-massacre-de-1977-em-madrid-11207448.html (PORTUGUES)

https://noticias.r7.com/internacional/stf-autoriza-extradicao-de-espanhol-condenado-por-massacre-em-1977-14082019 (PORTUGUES)

https://fr.hespress.com/89571-bresil-la-justice-autorise-lextradition-de-carlos-garcia-julia.html (FRANCAIS)

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