Category Archives: Sem categoria

The Tajik Government’s Style Of Justice And Mercy

23/10/21

Buzurgmehr Yorov (file photo)

International rights watchdogs have long charged that the judiciary system in Tajikistan is often used to punish perceived enemies of the government.

There are, indeed, many cases in recent years to support those claims. And even when moved to gestures of mercy, the Tajik courts and state officials seem callous in their actions.

The following are some of the most egregious recent cases.

The Lawyer

Buzurgmehr Yorov is a Tajik attorney who was detained in late September 2015 and shortly thereafter sentenced to 28 years in prison.

In honor of Tajikistan marking 30 years of independence this year, an amnesty has been granted to some prisoners. Yorov had four years removed from his long sentence.

The 50-year-old attorney had a reputation for defending people who had little, if any, chance of proving their innocence in Tajik courts.

He defended members of the Islamic Renaissance Party of Tajikistan (IRPT), a group that had been in a power-sharing agreement with President Emomali Rahmon’s government and was later seen by Rahmon as an impediment to his exerting greater control over the country.

Yorov also defended fellow lawyer Fakhriddin Zokirov, who was the attorney of businessman Zayd Saidov.

Saidov founded a new political party — Tajikistan Now — in April 2013 and was convicted in December that same year on charges of fraud, polygamy, and statutory rape, charges seen as politically motivated.

Zokirov was arrested in March 2014 on forgery charges and was held for eight months before he received an amnesty.

Saidov’s second lawyer, Shuhrat Kudratov, was sentenced to nine years in prison on charges of fraud and bribery. His term was shortened after two rounds of amnesties.

[…]

https://www.rferl.org/a/tajikistan-justice-system-prisoners-qishloq/31525766.html

https://www.rferl.org/a/tajikistan-yorov-sentence-shortened/31516708.html

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

https://www.avocatparis.org/actualites/tadjikistan-lavocat-defenseur-des-droits-de-lhomme-buzurgmehr-yorov-emprisonne (FRANCAIS)

Chinese lawyers banned from discussing cases in public in latest move to tighten control over legal sector

23/10/21

The Chinese legal sector has faced ever-tighter controls. Photo: Shutterstock
  • New guidelines from the official professional association say some lawyers have been ‘hyping up cases’ and trying to influence public opinion
  • Practising and former lawyers warn that the measures will prevent them from representing their clients properly and curb their freedom of speech

China’s official lawyers’ association has introduced new guidelines that ban lawyers from “hyping up cases” online or in the media in the latest move to tighten control over the legal profession.

The ethical guidelines issued by the All-China Lawyers Association this week came into force with immediate effect, initially on a provisional basis.

The Communist Party has been extending its reach into the legal system with tighter regulations and a string of disbarments since 2015’s “709 crackdown”, which saw about 300 rights lawyers, legal assistants and activists rounded up around the country.

A briefing issued by the association said a “small number of lawyers” had “commented inappropriately and disclosed details to hype up their cases”, adding that the guidelines were designed to strengthen professional ethics and enforce discipline by stopping lawyers from releasing details of their cases through the internet, the media or clients’ families.

“Some publicise their cases on the internet to enable ‘trial by public opinion’ while some breach clients’ privacy, insult and defame case handlers, vilify their opponents and mislead public opinion in an attempt to influence the case proceedings,” it continued.

Lawyers are also not allowed to organise petitions and press conferences, publish open letters or engage in public advocacy works with the purpose of fanning public opinion to influence court decisions.

The guidelines say they cannot release documents, video or photographs without court approval.

They will also apply to cases in the post-trial stage, including appeals and retrials.

[…]

https://www.scmp.com/news/china/politics/article/3153392/chinese-lawyers-banned-discussing-cases-public-latest-move

May be an image of text that says ""Just like everyone else, lawyers are entitled to freedom of opinion, expression, association and peaceful assembly." Diego García García-Sayán UN expert on the ndependence of judges and magistrates UNITED NATIONS HUMAN RIGHTS மροα Offico /UNHumanRightsAsia /ohchrasia www.bangkok.ohchr.org /onchrasiapacific"

Tunisia: Des avocats manifestent pour demander la libération de Seïf Eddine Makhlouf

21/10/21

Des avocats manifestent pour demander la libération de Seïf Eddine Makhlouf

Des avocats ont manifesté, jeudi 21 octobre 2021, leur soutien à leur confrère Seïf Eddine Makhlouf.

Les avocats, durant une vidéo publiée à la même date par l’avocate Ines Harath, se sont regroupés sur les marches extérieurs du tribunal de première instance de Tunis.

Ils ont demandé la libération de Seïf Eddine Makhlouf mais appelé aussi à l’abolition de la comparution de civils devant les tribunaux militaires.

Pour rappel, Seïf Eddine Makhlouf a été arrêté le 27 septembre 2021. Il a fait l’objet de deux mandats de dépôt émis par le tribunal militaire dans l’affaire de l’aéroport et pour menaces et outrage à magistrat. Il a entamé une grève de la faim le jeudi 14 octobre 2021.

https://www.businessnews.com.tn/des-avocats-manifestent-pour-demander-la-liberation-de-seif-eddine-makhlouf,520,113252,3

https://www.tunisienumerique.com/100-avocats-se-sont-portes-volontaires-pour-defendre-seif-eddine-makhlouf/

https://www.tunisienumerique.com/seif-eddine-makhlouf-suspend-sa-greve-de-la-faim-selon-abdellatif-aloui/

https://www.businessnews.com.tn/seif-eddine-makhlouf-maintenu-en-detention,520,112611,3

https://www.tunisienumerique.com/tunisie-le-parlement-europeen-plaide-pour-le-retablissement-du-fonctionnement-normal-des-institutions-du-pays/

https://en.wikipedia.org/wiki/Seifeddine_Makhlouf (ENGLISH)

Navalny Aide Placed on Russia’s Wanted List

21/10/21

Lyubov Sobol, a key aide to jailed Kremlin critic Alexei Navalny, has been placed on a wanted list in Russia, as authorities press ahead with a crackdown on dissent.

Sobol, a 34-year-old lawyer, appeared on a list of wanted persons on the website of Russia’s interior ministry on Wednesday night.

She is believed to have left Russia earlier this year after being slapped with a year-and-a-half of restricted movement for breaching coronavirus regulations.

Sobol rose to prominence in 2019 when she went on a hunger strike after being banned from running in local elections. 

Ivan Zhdanov, the head of Navalny’s Anti-Corruption Foundation, and Leonid Volkov, the opposition politician’s right-hand man, are also on a wanted list.

Most of the top Navalny allies have fled the country amid an unprecedented crackdown on the opposition in post-Soviet Russia.

[…]

https://www.themoscowtimes.com/2021/10/21/navalny-aide-placed-on-russias-wanted-list-a75358

https://www.dw.com/en/russia-puts-navalnys-ally-lyubov-sobol-on-wanted-list/a-59570904

https://www.rferl.org/a/sobol-estonia-fleeing-russia-navalny/31472775.html

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

https://www.france24.com/en/video/20211021-kremlin-critic-navalny-wins-eu-s-sakharov-rights-award

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

https://www.franceinter.fr/emissions/geopolitique/geopolitique-du-jeudi-21-octobre-2021 (FRANCAIS)

May be an image of 3 people, people standing and text that says "れ noAиK Alexei Navalny Russian activist and political prisoner 2021 laureate of European Parliament's Sakharov Prize for Freedom of Thought European Parliament"
May be an image of 3 people, people standing, outdoors and text that says "もは。 noAиKa Alexei Navalny Militant russe et prisonnier politique Lauréat 2021 du prix Sakharov pour la liberté de l'esprit du Parlement européen Parlement européen"

Uganda: NUP Lawyer Shamim Malende Nearly Assassinated on Masaka Road

21/10/21

NUP Lawyer Shamim Malende Nearly Assassinated on Masaka Road

Kampala district woman Member of Parliament Shamim Malende and NUP senior Lawyer has today morning survived assassination after attack unknown assailants on Masaka Road.

Through her Facebook page, Mrs. Malende disclosed that she was today morning attacked by unknown men while on her way to Masaka court for a bail application hearing for detained MPs Mohamed Ssegirinya and Allan Ssewanyana. 

“I have been attacked by unknown people on my way to Masaka court for the bail application of Hon Ssegirinya and hon Allan Ssewanyana and my car tyres deflated,” She said.

Malende who’s is a staunch member of Bobi Wine’s National Unity Platform (NUP) is among the legislators’ lawyers presenting them during their murder case. 

Her attack comes just two days after another NUP member and Mukono Municipality Member of Parliament Betty Nambooze Bakireke was attacked by assailants at her home. 

[…]

https://chimpreports.com/lawyer-shamim-malende-attacked-by-assailants-on-way-to-masaka-court/

https://www.monitor.co.ug/uganda/news/national/listen-i-was-attacked-by-three-men-who-deflated-my-car-tyres-mp-malende-3590922

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

Chinese Rights Lawyer Stands Trial After Four Years’ Pretrial Detention

20/10/21

Chinese Rights Lawyer Stands Trial After Four Years' Pretrial Detention

The charges against Li Yuhan are a form of political retaliation for her rights work, a fellow lawyer says.

After four years in detention, human rights lawyer Li Yuhan stood trial in the northeastern Chinese province of Liaoning on Wednesday for “fraud,” and “picking quarrels and stirring up trouble,” a charge often used to target peaceful critics of the ruling Chinese Communist Party (CCP).

Li, 60, who had previously defended high-profile rights attorney Wang Yu amid a nationwide crackdown on rights lawyers, stood trial at the Heping District People’s Court in Shenyang, where an ambulance was parked, amid concerns over Li’s poor health.

Wang, who showed up to support Li with fellow rights lawyer Xie Yang, said police had denied access to diplomats from six countries, who asked to observe the proceedings.

“There were diplomats from six countries including the United Kingdom, France, Germany, the United States, the Netherlands, and Switzerland,” Wang told RFA from the scene. “Some were diplomats from consulates in Shenyang, and some were diplomats from Beijing.”

“They asked to observe, but the court said there were no available seats, so there weren’t allowed in.”

She added: “They are very concerned about this case. I also think that … the abuse of lawyer Li Yuhan has been inhumane.”

Wang said guards had thrown a security cordon some 50 meters from the front gates, and didn’t allow her or Xie Yang to pass.

“We saw a lot of lawyers and litigants from other cases trying to get through to submit materials or meet with a judge, but they weren’t allowed in either,” she said. “Court business was totally suspended.”

“We took a few photos from outside the security cordon, then we got driven away by the security guards, state security police and court police,” she said.

Retaliation

Earlier this year, the European Bar Association wrote to CCP general secretary Xi Jinping, expressing concerns over Li Yuhan’s poor health and situation in detention.

Wang said the charges against Li are retaliatory.

[…]

https://www.rfa.org/english/news/china/lawyer-trial-10202021132238.html

https://www.frontlinedefenders.org/en/profile/li-yuhan

https://www.wionews.com/world/eu-urges-china-to-free-li-yuhan-and-other-human-rights-activists-351435

The Philippines: Letter on the killings of Atty. Juan Macababad, Atty. Rex Fernandez and Atty. Sitti Gilda Mahinay-Sapie

20/10/21

Letter on the killings of Atty. Juan Macababad, Atty. Rex Fernandez and Atty. Sitti Gilda Mahinay-Sapie

In a letter to President Duterte, Lawyers for Lawyers expressed concern about the recent killings of Atty. Juan Macababad, Atty. Rex Fernandez and Atty. Sitti Gilda Mahinay-Sapie and the further deteriorating situation of lawyers in the Philippines. Lawyers for Lawyers called on the authorities  of the Philippines to respect their human rights obligations under international law.

On September 15, 2021, Atty. Juan Macababad, was shot dead by two unidentified gunmen in front of his home. According to our information, he had been receiving death threats prior to the attack. Atty. Macababad is the second lawyer killed in the last months, and the third lawyer killed in Cebu in less than a year. On August 26, Atty. Rex Fernandez was shot dead in an ambush while aboard his car in Cebu City on his way home and on July 14, 2021, Atty. Sitti Gilda Mahinay-Sapie and her husband were gunned down by an unidentified suspect outside their home.

Lawyers for Lawyers has been closely monitoring the situation of lawyers in the Philippines for many years and is deeply concerned about the oppressive working environment for lawyers in the country. In the letter, Lawyers for Lawyers urges the President of the Republic to adequately protect the safety and independence of lawyers.

Since the start of the administration, an unprecedented number of lawyers have been killed; very often after being threatened, harassed, and publicly labelled as ‘communist’, ‘terrorist’, or ‘enemies of the State’ by state agents and officials. This labelling takes place regardless of actual political beliefs or affiliations of the targeted individuals and is aimed at making lawyers legitimate targets.

The cases of Attys. Macababbad, Fernandez, and Mahinay-Sapie  are not isolated. At least 65 lawyers, prosecutors and (retired) judges, including 38 practicing lawyers, have been killed in the Philippines since the administration of Duterte took office on June 30, 2016.

[…]

‘Maximum Psychological’ Pressure: Iranian Rights Lawyer Tortured, Drugged During Detention

19/10/21

Iranian human rights lawyer Payam Derafshan is currently out on parole and receiving medical treatment.

Payam Derafshan was confined in a dark, windowless room inside a safe house run by the feared intelligence branch of Iran’s powerful Islamic Revolutionary Guards Corps (IRGC).

The human rights lawyer was then transferred to Tehran’s notorious Evin prison, where he was drugged with unknown substances that triggered violent convulsions. During one seizure, Derafshan bit part of his tongue off.

Derafshan was then subjected to electric shocks after he was forcibly transferred to a psychiatric hospital.

These are the allegations made by Saeid Dehghan, an Iranian human rights lawyer who represents Derafshan, who is currently out on parole and receiving medical treatment.

Derafshan, who has represented several high-profile political prisoners, is the latest victim of Iran’s crackdown on human rights lawyers, activists say. Prominent lawyers who have defended dissidents, women’s rights defenders, and political activists have been subject to state harassment, imprisonment, and forced into exile in recent years, they say.

In many cases, the lawyers have faced the same charges that the authorities have brought against their clients. “The goal is to scare others and warn them not to be the voice of the voiceless,” Dehghan, who is currently based in Canada, told RFE/RL’s Radio Farda in a telephone interview.

Derafshan was arrested in June 2020 and sentenced weeks later to 2 1/2 years in prison on charges of “propaganda against the state,” “spreading falsehoods,” and “unauthorized disclosure.” The sentence was upheld by an appeals court in July 2020.

[…]

https://www.rferl.org/a/iran-rights-lawyer-torture/31519416.html

https://www.hrw.org/news/2021/10/20/iran-account-horrific-abuse-prominent-lawyer

https://iranwire.com/en/features/10578

https://iran-hrm.com/2021/10/19/irans-crackdown-on-freedom-of-expression-aims-at-silencing-dissent/

https://www.radiofarda.com/a/payam-derafshan-iranian-human-rights-lawyer-was-tortured/31515270.html (FARSI)

France/Israel/Palestine: L’ordre d’expulsion à vie de Jérusalem de Salah Hamouri confirmé

18/10/21

 L’ordre d’expulsion à vie de Jérusalem de Salah Hamouri confirmé

Le ministère israélien de l’Intérieur a annoncé ce lundi 18 octobre la révocation du statut de résident permanent de l’avocat franco-palestinien Salah Hamouri.

Salah Hamouri, avocat franco-palestinien de 36 ans, est né à Jérusalem. Il a toujours vécu en Palestine, c’est son pays et pourtant, aujourd’hui, il risque à tout moment d’être expulsé à vie de sa terre natale.

Jeudi 3 septembre 2020, Salah Hamouri avait été convoqué au centre d’interrogatoire de Moskobiyeh, à Jérusalem. Là-bas, lui avait été remise une lettre du ministre de l’Intérieur israélien. Ce dernier souhaitait retirer purement et simplement la carte de résidence permanente de Salah Hamouri, seul papier officiel lui permettant de vivre, chez lui, à Jérusalem.

“Les actions de Salah Hamouri constituent une violation grave de l’essentiel de son engagement en tant que résident israélien, et un abus de confiance vis-à-vis de l’Etat d’Israël”, avait indiqué Mme Shaked dans un communiqué pour justifier sa décision.

Salah Hamouri avait décidé ensuite de faire appel contre cette décision. Son appel a donc été rejeté ce lundi. Depuis plus de 15 ans maintenant, les autorités israéliennes tentent de briser Salah Hamouri parce qu’il s’oppose à l’Occupation et la colonisation israélienne de la Palestine.

Palestinien par son père, Français par sa mère, (Denise Hamouri est originaire de Bourg en Bresse), Salah Hamouri a grandi à Jérusalem. Il a été incarcéré à plusieurs reprises. En 2005, à 19 ans, alors étudiant en sociologie à Bethléem, il est accusé à tort, soupçonné d’avoir projeté l’assassinat d’un rabbin. Sur la recommandation de son avocate, il plaide coupable, pour éviter une peine de 14 ans de prison. Il sera condamné à une peine de 7 ans.

[…]

https://www.lorientlejour.com/article/1278383/israel-revoque-le-statut-de-resident-du-militant-franco-palestinien-salah-hamouri.html

https://www.mediapart.fr/journal/fil-dactualites/181021/israel-revoque-le-statut-de-resident-du-militant-franco-palestinien-salah-hamouri

https://www.france-palestine.org/L-ordre-d-expulsion-de-Salah-Hamouri-confirme

https://electronicintifada.net/blogs/tamara-nassar/israel-exile-palestinian-french-human-rights-lawyer (ENGLISH)

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

Egypt: Judges postpone trials of three Egypt activists

18/10/21

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A leading figure in Egypt’s 2011 revolution, blogger Alaa Abdel-Fattah, appeared in court on Monday along with other co-defendants at the start of a new trial, his defence team said.

Abdel-Fattah, his lawyer Mohamed el-Baqer, another blogger Mohamed Ibrahim, and activist Yahia Hussein Abdel-Hadi face charges of “broadcasting false news” and belonging to “terrorist” groups in their trial before the Emergency State Security Court in Cairo.

The next hearing in the case was set for November 1, their lawyer Khaled Ali told the AFP news agency. Rulings in the exceptional courts are final and cannot be appealed.

Abdel-Fattah, a computer programmer and prominent figure in the uprising that toppled former leader Hosni Mubarak, has been in pre-trial detention since September 2019. He has spent most of the past decade in jail.

He was arrested in the wake of rare, night-time protests prompted by an exiled construction contractor calling for the removal of President Abdel Fattah el-Sisi on claims of corruption.

His lawyer el-Baqer and Ibrahim, also known as “Oxygen”, were also detained in a large crackdown.

The trials of the three Egyptian activists and the rights lawyer were postponed Monday, their lawyer said. They will be tried in two separate proceedings in the same courtroom.

Rights group say there are about 60,000 political prisoners in Egypt facing brutal, unhygienic conditions and overcrowded cells. In a 2019 interview with 60 Minutes on CBS, el-Sisi said there were no political prisoners in Egypt.

Activist family

The trial of Abdel-Fattah, Ibrahim and el-Baqer was postponed until November 1, while Abdel-Hadi’s was postponed to October 25, according to Ali. The judges postponed proceedings to allow defence lawyers time to review trial-related documents, he said.

The four face charges ranging from disseminating false news and misuse of social media platforms to joining a terrorist group, a reference to the Muslim Brotherhood, which Egypt designated as a terrorist group in 2013.

Egypt’s government has in recent years waged a wide-scale crackdown on dissent.

Abdel-Fattah and Ibrahim were arrested late in 2019 while on probation amid a sweeping security clampdown following small but rare anti-government protests. El-Baqer was arrested while attending a questioning session of Abdel-Fattah by prosecutors in September 2019.

[…]

https://www.aljazeera.com/news/2021/10/18/judges-postpone-trials-of-three-egypt-activists-lawyer-in-cairo

https://english.alaraby.co.uk/news/activist-alaa-abdel-fattahs-trial-adjourned-review

https://www.timesofisrael.com/new-trial-begins-for-leading-figure-of-2011-egyptian-revolution/

https://www.madamasr.com/en/2021/10/18/news/u/in-first-trial-session-after-over-2-years-in-prison-alaa-abd-el-fattah-tells-court-his-detention-is-illegal/

https://www.ouest-france.fr/monde/egypte/egypte-ouverture-du-proces-de-figures-de-la-revolte-de-2011-b7b9d15c-3029-11ec-b653-4cec8da29c4d (FRANCAIS)

https://www.repubblica.it/esteri/2021/10/18/news/egitto_oggi_in_tribunale_alaa_abdel_fattah_il_dissidente_piu_noto-322753354/ (ITALIANO)

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