Daily Archives: 06/10/2021

Turkey’s top judicial body disbars 13 judges, prosecutors over Gülen links

05/10/21

Turkey’s Board of Judges and Prosecutors (HSK) has disbarred 10 prosecutors and three judges due to their alleged links to the Gülen movement, Turkish Minute reported, citing Turkey’s Official Gazette.

“Now that they have been found to be linked to, or affiliated with, the FETÖ/PDY Armed Terrorist Organization, it has been unanimously decided that the persons in question are not fit to remain in the profession and therefore, should be disbarred under Article 26 of Law no. 7145 and Provisional Article 35(A) of Law-Decree no. 375,” the state-run Anadolu news agency quoted the HSK’s decision as saying.

FETÖ is a derogatory term used by the Turkish government to refer to the Gülen movement.

The Turkish government accuses the Gülen movement of masterminding a failed coup on July 15, 2016 and labels it a “terrorist organization,” although the movement strongly denies involvement in the coup attempt or any terrorist activity.

More than 4,500 judges and prosecutors have been disbarred since the failed coup on the grounds of ties to the Gülen movement.

Since the coup attempt, followers of the Gülen movement have been subjected to a massive crackdown, with the Turkish government and pro-government media outlets demonizing its members.

Following the coup attempt the Turkish government also removed more than 130,000 civil servants from their jobs due to alleged Gülen links.

According to a statement from Turkish Interior Minister Süleyman Soylu in February 2021, a total of 622,646 people have been the subject of investigation and 301,932 have been detained, while 96,000 others have been jailed due to alleged links to the Gülen movement since the failed coup. The minister said there are currently 25,467 people in Turkey’s prisons who were jailed on alleged links to the movement.

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https://www.yenisafak.com/en/news/over-100-feto-terror-linked-suspects-nabbed-across-turkey-3581615

Australia: ‘Win for transparency’: ACT court rules in favour of Bernard Collaery’s challenge to secrecy order

06/10/21

Lawyer Bernard Collaery is being prosecuted for allegedly helping his then client, Witness K, reveal aspects of an alleged secret bugging operation against East Timor.

Sensitive details surrounding Australia’s alleged bugging operation of East Timor will be heard in public after the ACT Court of Appeal ruled that requiring large parts of the case against Bernard Collaery to be heard behind closed doors created a real risk of damaging public confidence in the legal system.

The unanimous judgment has been hailed as a “win for transparency” because it overturns a previous ruling made under national security laws which would have required large parts of the hearings into his alleged efforts to expose a secret Australian operation to bug East Timor’s government to be held behind closed doors.

Mr Collaery has always accepted that some sensitive information should not be publicly disclosed but wanted the disclosure of six specific matters during the trial.

The former lawyer for an ex-spy known as Witness K challenged an order made by the ACT Supreme Court last year to accept former attorney-general Christian Porter’s application to invoke the National Security Information Act, which governs how courts should handle sensitive information. The act requires the court to give “greatest weight” to the Attorney-General’s views about the national security implications of a case, which has resulted in large portions of the hearings being held in secret.

The ACT Supreme Court had ruled the public disclosure of certain information would have posed a real risk of undermining national security.

In their judgment handed down on Wednesday, the three judges of the ACT Court of Appeal accepted that the disclosure would involve a “risk” to national security but said they doubted it would be a “significant risk”.

“On the other hand, there was a very real risk of damage to public confidence in the administration of justice if the evidence could not be publicly disclosed,” the judgment summary said.

“The Court emphasises that the open hearing of criminal trials was important because it deterred political prosecutions, allowed the public to scrutinise the actions of prosecutors, and permitted the public to properly assess the conduct of the accused person.”

[…]

https://www.smh.com.au/politics/federal/win-for-transparency-act-court-rules-in-favour-of-bernard-collaery-s-challenge-to-secrecy-order-20211006-p58xmh.html

https://www.theguardian.com/australia-news/2021/oct/06/witness-ks-lawyer-wins-transparency-ruling-as-court-cites-need-to-deter-political-prosecutions

https://www.canberratimes.com.au/story/7458571/collaery-wins-appeal-against-trial-secrecy-as-court-cites-risk-of-damage/

https://www.perthnow.com.au/politics/law-and-order/collaery-wins-appeal-against-trial-secrecy-c-4162443

https://eminetra.com.au/win-for-bernard-collaery-derails-government-attempt-to-cover-up-crimes/245846/

https://www.gofundme.com/f/support-bernard-collaery (PLEASE CONTRIBUTE!)

https://www.lawyersweekly.com.au/biglaw/32210-ugly-shameful-secret-rex-patrick-commences-action-to-reveal-confidential-documents-in-bernard-collaery-prosecution

https://www.theguardian.com/australia-news/2021/aug/16/rex-patrick-launches-bid-to-make-government-reveal-long-secret-cabinet-documents-on-timor-leste

https://www.theguardian.com/australia-news/2021/aug/11/john-howard-likely-to-give-evidence-at-bernard-collaery-trial-rex-patrick-tells-parliament

https://www.9news.com.au/national/witness-k-labor-pledges-inquiry-into-timorleste-bugging-operation/4bcbcbc2-bb13-4793-b51d-376e04b61658

https://www.theage.com.au/politics/federal/labor-announces-inquiry-into-east-timor-bugging-operation-if-elected-20210811-p58hz6.html

https://www.canberratimes.com.au/story/7363066/new-call-to-review-collaery-prosecution/

https://www.lawyersweekly.com.au/biglaw/32053-bernard-collaery-prosecution-breaching-rule-of-law-aba-says

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

Afghanistan’s female lawyers are on the run from men they prosecuted

06/10/21

Aina

Until August, Farishta was an influential prosecutor who exercised her power for a cause. She prosecuted criminals, Taliban militants, corrupt bureaucrats, and men who beat women and children.

Today, 27-year-old Farishta is in hiding. Like a fugitive on the run, she changes her location often. For her safety, we have changed her name.

Originally from Afghanistan’s south-eastern Paktia province, Farishta was among those Afghan women who obtained professional success in the years after the Taliban was defeated, challenging the country’s male-dominated and ultra-conservative society.

Five years ago, under the previous government, she became a prosecutor in Afghanistan’s Attorney-General’s office. Part of her job was “prosecuting and getting sentences for those who committed rape, murder and domestic violence”, she told the BBC from a safe house in Afghanistan. It was a “challenging but satisfying job”, she said.

But as the Taliban swept across Afghanistan in recent months, before seizing the country, they freed prisoners along the way, including thousands of hardened criminals and Islamist militants.

Among those let go by the crusading Taliban was Mohamad Gol, who faced charges of planning suicide bomb attacks. Farishta had painstakingly gathered evidence against Gol and successfully prosecuted him, putting him behind bars for what should have been a 20-year sentence.

Days after the Taliban took over Kabul, Mohammed Gol called her, Farishta said. “He said he was coming after me to take revenge, and I cannot hide anywhere.”

Since then, she has been on the move. With no salary, she is finding it difficult to make ends meet. Farishta and her colleagues say the Taliban are opposed to women working as prosecutors and judges and they want to keep most women away from the workplace, as they did during their rule through the late 1990s.

Women like Farishta have good reason to be afraid. In January, two women judges of the Afghan Supreme Court were shot dead in Kabul – part of a wave of targeted killings widely blamed on the Taliban. And two legal officials who worked in the Afghan Justice Ministry have been killed in Kabul in recent weeks in what are believed to be revenge attacks.

[…]

https://www.bbc.com/news/world-asia-58742581

https://www.npr.org/2021/10/04/1043013450/afghanistan-musicians-students-teachers-escape-taliban

https://www.infomigrants.net/prs/post/35382/%D9%81%D8%B1%D8%B4%D8%AA%D9%87-%DA%A9%D8%B1%DB%8C%D9%85%DB%8C-%D9%88%DA%A9%DB%8C%D9%84-%D9%85%D8%AF%D8%A7%D9%81%D8%B9-%D9%88-%D9%81%D8%B9%D8%A7%D9%84-%D8%AD%D9%82%D9%88%D9%82-%D8%B2%D9%86%D8%A7%D9%86-%D8%A7%D9%81%D8%BA%D8%A7%D9%86-%D8%A8%D8%B1%D9%86%D8%AF%D9%87-%D8%AC%D8%A7%DB%8C%D8%B2%D9%87-%D8%A8%DB%8C%D9%86-%D8%A7%D9%84%D9%85%D9%84%D9%84%DB%8C-%D8%AD%D9%82%D9%88%D9%82-%D8%A8%D8%B4%D8%B1-%D8%B4%D8%AF (FARSI)

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Iran rights lawyer on hunger strike due to harassment in prison

06/10/21

سهیلا حجاب

“Soheila Hejab has continued from inside prison to denounce the Supreme Leader Ali Khamenei and unmistakably call for overthrow. The fierce courage in her voice is chilling”

The Iranian civil rights lawyer Soheila Hejab started a hunger strike in prison over two weeks ago to protest the Islamic Republic’s harassment of her and her family members.  Hejab suffers from severe health problems and Iranians on social media are urging the regime to release the attorney. The National Union for Democracy in Iran (NUFDI) tweeted “The Islamic Republic has kept #SoheilaHejab, an Iranian lawyer and activist, in jail without proper access to medical care for months. She has launched multiple hunger strikes and is in dire circumstances.”

The Iranian-American expert on human rights in Iran, Mariam Memarsadegh, said that “Despite suffering torture and threats to her life, Soheila Hejab has continued from inside prison to denounce the Supreme Leader Ali Khamenei and unmistakably call for overthrow. The fierce courage in her voice is chilling.

“Memarsadeghi, who advocates for democracy in Iran and is a fellow for Macdonald-Laurier Institute, added that” Like many who have dissented from the Islamist totalitarian regime, she is an advocate for democracy in the form of a constitutional monarchy and a supporter of Reza Pahlavi.”

The Center for Human Rights in Iran tweeted on Tuesday “Imprisoned rights lawyer Soheila Hejab was assaulted by prisoners convicted of ‘dangerous crimes’ in Iran’s Gharchak Prison, reports HRANA [Human Rights Activists News Agency]. The assault was instigated by a prison official. Hejab had ended a hunger strike on Oct. 3 after receiving pledges from the authorities.”

[…]

https://www.jpost.com/middle-east/iran-civil-rights-lawyer-on-hunger-strike-due-harassment-in-prison-681159

https://www.radiofarda.com/a/soheila-hejab-hunger-strike/31491785.html (FARSI)

https://www.radiofarda.com/a/iranian-political-prisoner-soheila-hejab-huner-strike-continues/31489078.html

https://ir.voanews.com/a/iran-rights-prisoners-mostafa-nili-soheila-hejab-activists-statement/6253525.html

https://ir.voanews.com/a/hunger-strike-iran-political-prisoners-soheila-hejab/6244393.html

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