OHCHR: Basic Principles on the Role of Lawyers

Image result for office of high commissioner for human rights

Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba
27 August to 7 September 1990

Whereas in the Charter of the United Nations the peoples of the world affirm, inter alia , their determination to establish conditions under which justice can be maintained, and proclaim as one of their purposes the achievement of international cooperation in promoting and encouraging respect for human rights and fundamental freedoms without distinction as to race, sex, language or religion,

Whereas the Universal Declaration of Human Rights enshrines the principles of equality before the law, the presumption of innocence, the right to a fair and public hearing by an independent and impartial tribunal, and all the guarantees necessary for the defence of everyone charged with a penal offence,

Whereas the International Covenant on Civil and Political Rights proclaims, in addition, the right to be tried without undue delay and the right to a fair and public hearing by a competent, independent and impartial tribunal established by law,

Whereas the International Covenant on Economic, Social and Cultural Rights recalls the obligation of States under the Charter to promote universal respect for, and observance of, human rights and freedoms,

Whereas the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that a detained person shall be entitled to have the assistance of, and to communicate and consult with, legal counsel,

https://www.ohchr.org/EN/ProfessionalInterest/Pages/RoleOfLawyers.aspx

https://www.ohchr.org/FR/ProfessionalInterest/Pages/RoleOfLawyers.aspx (FRANCAIS)

http://hrlibrary.umn.edu/instree/spanish/si3bprl.html (ESPANOL)

http://www.un.org/ru/documents/decl_conv/conventions/role_lawyers.shtml (RUSSIAN)

https://www.ohchr.org/CH/Issues/Documents/other_instruments/52.PDF (CHINESE)

http://hrlibrary.umn.edu/arab/b044.html (ARABIC)

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Maldives: Criminal Court drops bribery charges against ex-top court justices

October 10, 2018

Former Chief Justice Abdulla Saeed (L) and former Judge Ali Hameed of the Supreme Court. IMAGE/MIHAARU

The Criminal Court on Wednesday annulled the bribery charges levied against former Chief Justice Abdulla Saeed and former Judge Ali Hameed of the Supreme Court.

Saeed and Hameed were arrested and indicted of several charges over the top court’s landmark ruling of February 1 to release political prisoners. The state charged the two former justices and former Chief Judicial Administrator Hassan Saeed with accepting bribes, under accusations that Jumhooree Party founder Qasim Ibrahim’s Villa Group had paid for expensive properties in Malaysia that were acquired by people linked to the three.

The Criminal Court annulled their charges, stating that it could not proceed with the case based on the burden of proof.

The court also nullified the case against Qasim Ibrahim’s son Siyad Qasim, who was arrested and charged with giving bribes, in the case. The court annulled the charge, stating that the prosecution had not submitted evidence that proved Villa Group had paid for the properties in Malaysia.

While the court has dropped their bribery charges, Abdulla Saeed and Ali Hameed are serving jail sentences of more than three years over two convictions, while Hassan Saeed is imprisoned for four months and 24 days over one conviction.

The state has also levied terrorism charges against Abdulla Saeed and Ali Hameed. Their trials are currently ongoing.

https://edition.mv/news/7473

https://maldivesindependent.com/crime-2/bribery-charges-dismissed-against-ex-supreme-court-justices-141998

https://avas.mv/en/55266

https://raajje.mv/en/news/42256

India: Arrested Advocate Surendra Gadling Says Police Framing Him on Alleged Maoist Links

October 11, 2018

Gadling said the invocation of the Unlawful Activities (Prevention) Act (UAPA) against him and other accused for making “rebellious” speeches was a “misuse” of the law.

Arrested Advocate Surendra Gadling Says Police Framing Him on Alleged Maoist Links

Surendra Gadling, who was arrested in June for alleged Maoist links, told a court here on Wednesday that police wanted to take “revenge” on him as he was arguing several cases against them in his capacity as a lawyer.

Arguing for himself on his bail application, Gadling told session judge K.D. Vadhane that he was innocent and should be released.

“Since I have been fighting several cases, including [those under the acts such as] TADA, MCOCA, UAPA, those related to fake encounters by police and also fighting on behalf of tribals, Dalits and minorities in the courts, the police are taking revenge by implicating me in a false case,” he alleged.

Police wanted to settle scores against him as he was successful in almost 99% of cases the cases he took up, Gadling said.

Also read: Activists Arrest Case: Court Seeks Police Reply on Bail Applications

Referring to invocation of the Unlawful Activities (Prevention) Act (UAPA) against him and other accused for making “rebellious” speeches, the lawyer said it was a “misuse” of the law.

“According to the constitution, making rebellious speeches is not an act against the sovereignty of the country and does not pose threat to the security of the nation nor does it amount to an act of terrorism,” he said.

https://www.thewire.in/law/arrested-advocate-surendra-gadling-says-police-framing-him-on-alleged-maoist-links

https://www.hindustantimes.com/pune-news/activists-arrest-police-taking-revenge-as-i-fought-cases-of-terror-charges-says-gadling-in-pune-court/story-wXKvyICYBPe8Krms1sE5II.html

https://timesofindia.indiatimes.com/city/pune/dissenting-judges-tainted-probe-view-must-be-considered-gadling/articleshow/66155162.cms

http://www.asianage.com/metros/mumbai/111018/gadling-jailed-as-i-fought-for-tribals-rights.html

https://www.telegraphindia.com/opinion/india-s-parallel-penal-system/cid/1671578#.W7_32NQOJ6M.facebook

https://www.indiatoday.in/india/story/bhima-koregaon-surendra-gadling-1366660-2018-10-12

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

https://www.newsstate.com/india-news/bhima-koregaon-case-surendra-gadling-and-shoma-sen-bail-applications-adjourned-by-pune-court-article-64655.html (HINDI)

China: She was ‘strip-searched’ in a police station. And she’s a lawyer

October 10, 2018

Image result for lawyer Sun Shihua

Having practiced law in China for two decades, Sun Shihua is no stranger to how Chinese law and order is often enforced.

 

But never in her wildest imagination did she think that she would be strip-searched and assaulted in a police station.

 

“It was the darkest, most terrifying and shameful day in my 20 years as a lawyer,” Sun told Inkstone.

 

The 48-year-old lawyer said she was mistreated on September 20 in a police station in the southern Chinese city of Guangzhou, where she was representing a client.

 

Sun said that following a scuffle with police at the station, she was forced to strip off all her clothes in a detention room.

 

Following a complaint that Sun filed on September 21, the Guangzhou Lawyers Association said on Monday it would investigate the case and make sure all lawyers’ rights were protected.

 

However, the Guangzhou Public Security Bureau, which oversees all local police stations, denied any wrongdoing.

https://www.inkstonenews.com/society/guangzhou-lawyer-accuses-police-strip-search-and-interrogation-under-duress/article/2167896

http://www.sixthtone.com/news/1003034/lawyer-allegedly-choked%2C-strip-searched-by-guangzhou-police

https://www.jqknews.com/news/79458-Female_lawyer_said_that_porcelain_collision_law_enforcement_Guangzhou_police_there_is_no_shame.html

https://www.hrichina.org/en/citizens-square/female-lawyer-sun-shihua-handling-petitioners-case-beaten-and-illegally-detained

https://www.scmp.com/news/china/society/article/2168135/was-she-strip-searched-lawyer-mulls-action-against-chinese-police

https://www.wsj.com/articles/china-grows-more-repressive-1539125565

https://www.rfa.org/english/news/china/detention-beating-of-guangdong-rights-attorney-10122018122938.html

https://www.francetvinfo.fr/monde/chine/vous-pouvez-facilement-devenir-fou-qu-arrive-t-il-aux-personnes-que-la-chine-fait-disparaitre_2978983.html (FRANCAIS)

Egypt: Metro Protests Update: Haytham Mohamadeen Conditionally Released

October 10, 2018

Photo by: Hossam El Hamalawy

Giza Criminal Court ordered the conditional release of labor lawyer Haytham Mohamadeen, Abeer Hisham, and Youssef Ahmed pending lawsuit 718/2018 State Security.
Mohamadeen, who is also a member of the revolutionary socialists Movement, and the other two defendants are accused of affiliation with a terrorist group. additionally, they are charged with calling for and participating in unauthorized protests objecting to the latest increase in Cairo Metro’s fare.

https://afteegypt.org/breaking_news-2/2018/10/10/15343-afteegypt.html?lang=en

https://www.frontlinedefenders.org/en/case/detention-and-prosecution-haytham-mohamadeen

Haitham Mohamedain freed pending further investigations

https://www.frontlinedefenders.org/fr/case/detention-and-prosecution-haytham-mohamadeen (FRANCAIS)

Image result for haytham mohamadeen

India: Cop attack on lawyers: NHRC wants ATR from Govt

October 10, 2018

Daily Pioneer

The National Human Rights Commission (NHRC) has sought an action-taken report (ATR) from the State’s Chief Secretary and DGP over the brutal attack by police personnel on a lawyer under the Chauliaganj police station of Cuttack and another lawyer at the Baleswar railway station.

Acting on a petition filed by Supreme Court lawyer and rights activist RadhakantaTripathy, the NHRC has asked for response from the State authorities within four weeks.

On August 28, lawyer Debi Prasanna Pattnaik was allegedly beaten up by police personnel in public view at Shastri Nagar in Nuabazar area of Cuttack.

On September 13, 2018, another lawyer SubhrakantSatpathy was at the Baleswar railway station at 11.30 pm to see off his relative and when he tried to oppose the brutality of cops against an old man, he was attacked by police.

While Pattnaik was attacked by a few police officials following a verbal duel near Nua Bazaar bridge the lawyer, who had sustained critical injuries in the attack, was later admitted to the SCB Medical College Hospital for treatment.

Meanwhile, the High Court Bar Association resorted to a cease-work agitation as a mark of protest. Judicial work in all the courts in Cuttack including the High Court has remained paralysed due to the cease-work strike being observed by the lawyers.

At this critical juncture the State Home and Law Department are unable to solve the situation. The inaction and failure of the State to address the issue has led to the gross violation of basic human rights of the injured lawyers and the litigants including those in the prisons, Tripathy alleged.

https://www.dailypioneer.com/2018/state-editions/cop-attack-on-lawyers–nhrc-wants-atr-from-govt.html

http://www.newindianexpress.com/states/odisha/2018/oct/10/nhrc-seeks-report-from-odisha-on-lawyer-assault-cases-1883546.html

https://odishatv.in/odisha/police-lawyer-spat-lawyers-strike-aggravates-crisis-in-judicial-services-325894

http://www.orissapost.com/attacks-on-lawyers-nhrc-seeks-atr-from-dgp-cs/

Maldives: Ex-AG suspended from practicing law for a period of four months

October 9, 2018

Department of Judicial Administration (DJA) has decided to suspend Former Attorney General and prominent lawyer Husnu Al Suood for four months.

DJA, run under the Supreme Court of the Maldives, made the announcement on Tuesday, stating that Suood’s suspension is effective from Tuesday for the span of four months. He was suspended after thorough investigation under the regulations set for law practitioners in the Maldives.

The ex-AG’s suspension comes following an inappropriate tweet he had posted regarding which read that the Supreme Court’s decision to extend a presidential term in 2013 is illegitimate.

It is also followed by an interview he gave to VNews in which he says that former President Dr. Mohamed Waheed’s term, who came into power after then President Mohamed Nasheed was ousted, had been extended under a Supreme Court ruling. He had gone on to say that this decision was illegitimate.

This is not the first time the ex-Attorney General has been suspended from practicing law.

https://raajje.mv/en/news/42181

https://edition.mv/news/7304

https://maldivesindependent.com/politics/prominent-lawyer-suspended-for-criticising-supreme-court-141988

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