Daily Archives: 23/11/2021

Romania: Robert Roșu released from prison

23/11/21

Robert Roșu released from prison

Lawyers for Lawyers welcomes the news that Robert Roșu, partner at the law firm Tuca Zbarcea & Asociatii in Bucharest, will be released from Rahova prison today after his appeal was admitted by the High Court of Cassation.

On 17 December 2020, the High Court of Justice and Cassation of Romania found lawyer Robert Roșu guilty of participating in the formation of an organized criminal group and of complicity to abuse of office, and sentenced him to 5 years in prison. According to the information received, the criminal case against Mr. Roșu was most likely related to his professional activities in the ‘Băneasa Farm Case’ regarding the restitution of large plots of land in northern Bucharest to the heir of King Carol II of Romania. Mr. Roșu, as the latter’s legal representative, secured the restitution, as well as the restitution of of other property to different clients through administrative procedures. On 7 April 2021, four months after the decision was rendered by the High Court Cassation and Justice, the judgment was finally published and served upon Mr Roșu.

In June 2021, Lawyers for Lawyers and the Law Society of England and Wales expressed concern about his conviction, imprisonment, and alleged procedural irregularities such as lawyers being asked to testify as witnesses in the case in a joint letter. Moreover, in August 2021, Lawyers for Lawyers collected greetings cards from Dutch lawyers in support of Robert Roșu. The cards reached Robert Roșu and the greetings card action was picked up by the local press in Romania.

Lawyers for Lawyers welcomes the decision of the High Court of Cassation to release Robert Roșu.

https://www.lawsociety.org.uk/campaigns/international-rule-of-law/intervention-letters/conviction-and-imprisonment-of-romanian-lawyer-robert-rosu

https://www.uianet.org/en/actions/robert-rosu-continues-be-persecuted-simply-exercising-his-profession

Afghanistan: Taliban justice ministry takes lawyer licensing control from Afghanistan Bar Association

22/11/21

Afghanistan dispatches: Taliban justice ministry takes defense lawyer licensing control from Afghanistan bar association

Law students and lawyers in Afghanistan are filing reports with JURIST on the situation there after the Taliban takeover. Here, a Staff Correspondent for JURIST in Kabul offers his observations on a Taliban move to take direct regulatory control of defense lawyer licensing, shifting that from the country’s bar association. For privacy and security reasons, we are withholding our Correspondent’s name. The text has been only lightly edited to respect the author’s voice.

The Taliban have changed the regulatory authority of the defense lawyers from the Afghanistan Independent Bar Association to the Ministry of Justice.

The Ministry of Justice of the Taliban announced yesterday that all defense lawyers and those who had a license from the Afghanistan Independent Bar Association should come to the Ministry of Justice for obtaining a license. Affairs related to the defense and licensed lawyers used to be regulated by the “Advocate Law” in the country. The Advocate Law provides that the Afghanistan Independent Bar Association shall issue licenses for the applicants. In Afghanistan, those who graduated from law and sharia are eligible for a license.

According to the Advocate Law, obtaining a license in Afghanistan is subject to an exam like other countries.

The Ministry of Justice has warned licensed lawyers and those who are applying to obtain a license to come to this ministry for the license, otherwise they will not be able to work as a defense lawyer.

Bringing the defense lawyers under the structure of the Ministry of Justice means that the Taliban are looking to further regulate this area in the country. The Ministry of Justice have not provided any information whether or not the Advocate Law will be amended and/or the procedures for issuing the license will be changed.

The Ministry of Justice already have the Legal Aid Directorate under its structure and that is meant to provide legal assistance for the people who cannot afford hiring a lawyer to represent them before the courts. Adding a new department to regulate affairs related to the defense lawyers from the Bar Association, in my opinion, will decrease the donor funds and international assistance to this entity.

https://www.jurist.org/news/2021/11/afghanistan-dispatches-taliban-justice-ministry-takes-defense-lawyer-licensing-control-from-afghanistan-bar-association/

https://www.theneweuropean.co.uk/helena-kennedy-europe-schindlers-list-moment/

https://www.lawsoc-ni.org/joint-call-in-support-of-endangered-lawyers-in-afghanistan

https://www.independent.co.uk/news/greece-afghans-taliban-thessaloniki-afghanistan-b1962413.html

https://www.politico.eu/article/how-athens-became-the-unexpected-hub-for-afghan-women/

https://www.irishruleoflaw.ie/afghanistan_appeal

https://www.sbs.com.au/news/final-erasure-of-women-from-society-afghan-actor-slams-new-taliban-rules/67b42679-cd09-41a2-a9ce-e4dcc7f090b4?fbclid=IwAR3ZPhunqQN1Lc74Lih-hIZDvVB9KTmbPiOGkeVioQ35gQdr-yGbvtouAW8

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https://www.ibanet.org/Appeal-for-legal-assistance-for-Afghan-women-at-risk