Daily Archives: 28/07/2021

Australia: Australian Bar Association calls on the Commonwealth to reconsider the prosecution of Bernard Collaery


The Australian Bar Association shares the concerns of the ACT Bar Association in relation to the prosecution of barrister and former Deputy Chief Minister of the ACT and ACT Attorney-General, Bernard Collaery.

Mr Collaery advised the East Timor Resistance movement and represented Witness K in a legal case brought by the Timor-Leste Government against the Australian Government.

The prosecution relates to events which occurred in 2004. The prosecution was commenced at the end of May 2018 with the consent of the (former) Attorney-General, a consent which his predecessor had not granted.

The prosecution has largely taken place in secret, with much of the evidence suppressed. The basis upon which evidence needs to be suppressed is, itself, the subject of suppression. This impedes the ability of the legal profession and the public to scrutinise the administration of justice in this important case.

Further background can be found in the ACT Bar Association’s media release here.

The Council of the Australian Bar Association this week unanimously passed the following resolution:

The ABA expresses its concerns about the delays in the prosecution of Mr Collaery and the secret nature of the proceedings and suppression of much of the evidence as raising rule of law concerns going to the open and fair administration of justice.















Turkey: 48 bar associations condemn pro-government newspaper for targeting colleagues protesting hate crimes against Kurds


Forty-eight Turkish bar associations on Sunday condemned the pro-government Yeni Şafak daily for targeting 15 bar associations that have protested hate crimes against Kurdish citizens in Turkey.

The statement said bar associations had the duty to uphold democratic principles and stand against hate speech and crimes. It added that Yeni Şafak had not only targeted the bar associations in question but also used discriminatory and hateful language in its piece.

According to the statement the crimes against Kurds were not sporadic incidents but the result of mounting tension against minorities. Nihat Eren of the Diyarbakır Bar Association said the discriminatory language used by the media has also been adding fuel to the fire. “I condemn media outlets that are trying to downplay hate crimes and hate speech,” he added.

The 48 bar associations had recently condemned a series of hate crimes against Kurds in various Turkish cities. In its July 23 edition Yeni Şafak called the associations “Barons of Qandil,” implying that the associations were working for the outlawed Kurdistan Workers’ Party (PKK).

Yeni Şafak said the attacks on Kurds were not hate crimes but “ordinary disputes and disagreements” and that the bar associations were causing ethnic clashes with their statements.


Cuban Government Preparing a Law Regulating Dissidents’ Defense Lawyers


People hold Cuban, Peruvian and Venezuelan flags during a protest showing support for Cubans demonstrating against their government, at Versailles Restaurant in Miami, on July 18, 2021.

The judges who make up the People’s Supreme Court are elected by the National Assembly of the People’s Power, a one-party legislative body which also elects the country’s president.

Cuba’s communist government has drafted a law that would equate the role of dissidents’ defense lawyers with that of public officials.

In May, the People‘s Supreme Court, Cuba’s highest judicial authority, drew up a series of legislative proposals that it sent to the island’s legislature, the National Assembly of People’s Power, for passage.

Among these proposals is the “Draft Law on Criminal Procedures,” which could equate the role of a defense lawyer for dissidents with that of a “public employee or official,” putting the lawyer at the mercy of pressure and sanctions from the government

A group of Cuban lawyers, who asked to speak with ACI Prensa, CNA’s Spanish language news partner, on condition of anonymity for fear of reprisals from the government, warned that this bill “would violate impartiality,” because “the Prosecutor’s Office represents the state, it’s a public functionary. Imagine if the defense lawyer also were.”

The lawyers pointed out that “this is something that for many years they have tried to accomplish, but a way wasn’t found to implement it by changing the law.”

“But now, with a new criminal procedural text, an attempt is being made to introduce it in a very underhanded way,” they said.

The most controversial texts of the bill are found in the fifth special provision, which defines what is an employee and a public official.

Subsections E and F state that public employees and officials are part of state agencies “of a public nature” performing “legislative, executive or judicial functions,” among others.

However, subsection G adds that “public employees or officials are also considered those persons who, in the non-state sector, as well as in foreign entities or public international organizations, exercise positions or functions similar to those described in subsections e and f when the criminal acts derive from their relationship with the state or its institutions.”

The Cuban jurists told ACI Prensa that “although the word ‘lawyer’ is not mentioned, the generality of the expression ‘non-state sector’ is the way to allow this interpretation where the judges don’t enjoy authentic judicial independence.”

“What they’re looking for is a way to exert pressure on lawyers and, when necessary, get them out of the way. That’s how they would do it.”

“And getting them out of the way,” they warned, could mean “taking them out of circulation completely” by finding them guilty of a crime, “which also would result in their expulsion from the National Organization of Collective Law Firms, the only institution of its kind on the island for the provision of legal services to native born persons who are defendants in a criminal case.”

The judges who make up the People’s Supreme Court are elected by the National Assembly of the People’s Power, a one-party legislative body which also elects the country’s president.
















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