Daily Archives: 30/08/2019

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

August 30, 2019

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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)

DAY OF THE ENDANGERED LAWYER – 24 January 2020 – PAKISTAN

https://defendlawyers.wordpress.com/2019/06/22/pakistan-day-of-the-endangered-lawyer-january-24-2020-pakistan/

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Day of the Endangered Lawyer

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

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

https://www.nycbar.org/

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

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

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)

India: New law to protect lawyers from assault

August 29, 2019

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

Advocate Protection Bill: A Sense of Security

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

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)

Australia/Timor Leste: Jose Ramos-Horta urges Australia to drop Witness K, whistleblower charges

August 30, 2019

Timor-Leste had moved on since the spying scandal and so should Australia by dropping charges against the whistleblowers who exposed it, says Jose Ramos Horta.

Lawyer Bernard Collaery addresses the media outside the Supreme Court in Canberra earlier this month.

Timor-Leste’s Nobel Peace Prize-winning former Prime Minister Jose Ramos-Horta says Australia “should get over it” and drop charges against two whistleblowers who revealed covert spying.

The criminal charges relate to whistleblowers lawyer Bernard Collaery and former spy Witness K revealing in 2013 that Australia had bugged government offices during negotiations over the sea boundary.

It was seen around the world as a rich nation stealing from an impoverished one.

Mr Ramos-Horta, who will on Friday attend Timor-Leste’s 20th-anniversary celebrations of its vote for independence, compared the Australian government’s pursuit of the pair to the novel Les Miserables and Inspector Javert’s obsessive pursuit of the convict Jean Valjean.

“I would never as leader of a country prosecute someone if we spied on some country and they came to us or the media and said I have just been asked to do something that is completely unethical and has nothing to do with the national interest,” he said.

“I would apologise to the nation if I were leader, apologise to the gentleman, the spy.”

Mr Ramos-Horta was shot at his home in Dili in an assassination attempt in 2008.

The scandal began in 2004 when the Australian Secret Intelligence Service planted covert listening devices in the Timor-Leste cabinet office to gain an upper hand in negotiations over the rich Greater Sunrise oil and gas fields.

 

https://www.sbs.com.au/news/jose-ramos-horta-urges-australia-to-drop-witness-k-whistleblower-charges

https://www.dailyliberal.com.au/story/6357083/drop-timor-whistleblower-charge-horta/

https://www.miragenews.com/ala-calls-for-collaery-prosecution-to-be-dropped/

https://www.lawyersalliance.com.au/news/ala-calls-for-collaery-prosecution-to-be-dropped

https://www.theguardian.com/australia-news/2019/aug/29/witness-k-lawyer-alleges-extraordinary-unexplained-roadblock-funding-case

https://7news.com.au/politics/morrison-to-help-east-timor-celebrate-c-424992

https://www.aljazeera.com/news/2019/08/australian-spy-denied-legal-aid-east-timor-bugging-case-190829061353911.html

https://www.abc.net.au/radio/programs/am/witness-k-controversy-could-affect-timor-leste-gas-deal:-patrick/11463842

http://www.mondaq.com/australia/x/840952/Human+Rights/Protect+our+eroding+rights+An+interview+with+Human+Rights+Law+Centres+campaign+director+Tom+Clarke

https://www.smh.com.au/world/asia/pm-bats-aside-questions-over-prosecution-of-witness-k-and-lawyer-20190830-p52mjj.html

https://www.theguardian.com/commentisfree/2019/sep/01/suppression-and-secrecy-how-australias-government-put-a-boot-on-journalisms-throat

https://www.euronews.com/2019/08/31/thousands-celebrate-east-timors-20th-anniversary-but-the-scars-remain

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

https://mapdow.com/des-milliers-celebrer-le-20e-anniversaire-du-timor-oriental-mais-les-cicatrices-restent/ (FRANCAIS)

http://www.dailyviewsonline.com/cultura/Australiano-spia-di-carica-con-intercettazioni-perdita-negato-il-patrocinio-h20452.html (ITALIANO)