Tag Archives: Council of Europe

Turkey’s justice minister targets bar associations, accuses them of acting like opposition party

04/04/24

Turkey’s Justice Minister Yılmaz Tunç has accused bar associations of acting like an opposition party for “involving in different ideological activities.” Tunç claimed the associations were focusing on different things “rather than the problems of the legal profession.”

Turkey’s Justice Minister Yılmaz Tunç on April 4 targeted the bar associations, accusing them of acting like an opposition party.

Tunç said some bar associations “did not perform very well in the past,” while speaking at the “Symposium on Lawyer Vision in a Changing World” of the Ankara Bar Association No. 2 held at the Lawyers’ Day.

“They focused on different things rather than the problems of the legal profession. In particular, they have been and continue to be involved in a number of different ideological activities, almost like an opposition party, even beyond an opposition party,” he claimed.

“We want them to focus on the legal profession. We want them to contribute to the professional work of our colleagues. In terms of the development of the profession, they should be in good relations with the executive and the legislature so that they can fulfill their duties,” he further added.

Tunç previously claimed that the ECHR rulings on imprisoned Osman Kavala and Selahattin Demirtaş had “political concerns.”

The majority of bar associations in Turkey have been objecting to the government’s practices violating the law and demanding judicial independence in the country.

Turkish parliament passed a law in 2020 on changing the structure of bar associations, a move that lawyers said further undermined judicial independence in the country. 

[…]

https://www.duvarenglish.com/turkeys-justice-minister-targets-bar-associations-accuses-them-of-acting-like-opposition-party-news-64141

https://www.thenationalnews.com/news/mena/2024/04/04/turkish-authorities-restore-pro-kurdish-mayor-after-protests

https://www.ohchr.org/en/instruments-mechanisms/instruments/basic-principles-role-lawyers

https://www.birgun.net/haber/adalet-bakani-yilmaz-tunc-barolari-hedef-aldi-ideolojik-calismalarin-icerisinde-bulundular-519566 (TURKCE)

https://www.sonmuhur.com/5-nisan-dunya-avukatlar-gunu-dunya-avukatlar-gunu-ne-zaman-ve-nerede-ortaya-cikti

Crimea/Ukraine/Russia: Emil Kurbedinov, lawyer to Crimean Tatars, arrested in Simferopol today

15/02/24

https://hromadske.radio/en/news/2024/02/15/lawyer-emil-kurbedinov-has-been-detained-by-russian-occupiers-in-occupied-crimea

https://www.ukrinform.net/rubric-ato/3827681-zelenskys-representative-office-in-crimea-demands-to-stop-persecution-of-lawyer-kurbedinov-in-crimea.html

https://khpg.org/en/1608813397

https://crimea-platform.org/en/news/occupants-illegally-detained-lawyer-emil-kurbedinov-in-crimea

https://ktat.krymr.com/a/advokat-kurbedinov/32821413.html (TATAR)

(UKRAINIAN)

https://ru.krymr.com/a/news-zaderzhali-advokata-emilya-kurbedinova-/32820676.html (RUSSIAN)

https://crimean-solidarity.org/news/2024/02/15/na-advokata-emilya-kurbedinova-sostavili-protokol-za-post-o-nezakonnom-prizyve-studentov-s-otsrochkoj-2864

https://www.qha.com.tr/kirim/isgalciler-kirim-tatar-avukat-emil-kurbedinov-u-alikoydu-485394 (TURKCE)

https://www.qha.com.tr/ukrayna/abd-temsilciler-meclisi-baskanindan-ukrayna-ya-yardima-engel-485370

https://www.qha.com.tr/kirim/isgalciler-kirim-tatar-avukat-emil-kurbedinov-hakkinda-dava-acti-485406

https://www.ceskenoviny.cz/ukrinform/cesky/zprava.php?id=1183779 (CZECH)

(ENGLISH)

https://www.frontlinedefenders.org/en/case/human-rights-defender-and-lawyer-emil-kurbedinov-targeted-social-media-post

https://www.frontlinedefenders.org/en/profile/emil-kurbedinov

https://khpg.org/en/1608812934

https://rm.coe.int/report-on-crimean-tatars-by-dunja-mijatovic-commissioner-for-human-rig/1680aaeb4b

https://novayagazeta.eu/articles/2023/04/05/this-is-a-brutal-state-we-have-seen-this-over-the-past-nine-years-en

Belarus misuses counter-terrorism and anti-extremism legislation to stifle dissent: UN expert

26/10/23

The Belarusian authorities are misusing counter-terrorism and anti-extremism legislation to further purge civic space, suppress freedom of expression and eradicate political opposition, a UN expert said.

“Many opposition figures, civil society activists, human rights defenders, lawyers and journalists have been abusively labelled as “extremists”, detained and prosecuted since 2020. Harassment, repression and fear compelled those who are not behind bars to seek refuge abroad,” said Anaïs Marin, the Special Rapporteur on the human rights situation in Belarus.

In her report to the General Assembly, Marin noted that Belarusian legislation provides loose definitions of “terrorism” and “extremism” which can be interpreted to include activities related to the legitimate exercise of human rights.

The expert warned that convictions for terrorism have multiplied against individuals who sought to document or obstruct the transit of Russian troops and military equipment for the war in Ukraine through Belarussian territory. The scope of the death penalty, applied in Belarus notably for terrorism, has reportedly been extended to include “planned” or “attempted” acts of terrorism, as well as high treason.

“The weaponisation of legislation is possible because there are no guarantees of fair trial in Belarus, while court hearings behind closed doors and non-disclosure agreements imposed on lawyers are widespread,” the Special Rapporteur said.

[…]

https://www.ohchr.org/en/press-releases/2023/10/belarus-misuses-counter-terrorism-and-anti-extremism-legislation-stifle

https://www.frontlinedefenders.org/en/case/supreme-court-belarus-upholds-woman-human-rights-defender-nasta-loikas-7-year-prison-sentence

https://www.rferl.org/a/belarus-hnauk-tougher-prison-lukashenka-opposition/32653510.html

https://www.hrw.org/news/2023/09/17/continuing-fight-jailed-rights-defenders-belarus

https://www.hrw.org/news/2023/09/08/belarus-decree-puts-exiled-citizens-risk

https://www.coe.int/en/web/cdcj/cj-av

https://www.coe.int/fr/web/cdcj/cj-av (FRANCAIS)

Russian Lawyers Call on Authorities to End Harassment of Legal Community

16/10/23

Russia’s legal community has called on authorities to stop “harassing and intimidating lawyers and obstructing their professional activities” following the arrests of three lawyers of jailed Kremlin critic Alexei Navalny.

Human rights project Perviy Otdel published a statement, signed by at least 365 lawyers, activists and public figures as of Monday, saying that the rights of lawyers “are systematically violated, the government prevents their defenders from working, intimidates them and initiates criminal cases [against them].”

“Defendants must have the right to defense, and defense attorneys must have the right to exercise it. This should not be hampered by any political considerations,” the statement added.

A separate petition, launched by a group of Russian lawyers, said: “Lawyers in Russia are forced to carry out their professional activities in an atmosphere of fear for the life and health of themselves and their loved ones.”

It said lawyers work under the threat of “arbitrary imprisonment, systematic obstruction of legal practice and unpunished interference in it, in an atmosphere of violence and torture, intimidation and direct threats to freedom, health and life.”

It also asked Russian lawyers to go on strike from Oct. 25 to Oct. 28.

The petition came as Russia raided the homes of and arrested three of Navalny’s lawyers for alleged “participation in an extremist community” on Friday.

Lawyers Vadim Kobzev, Igor Sergunin and Alexei Liptser have been remanded in pre-trial detention until at least Dec. 13. They face up to six years in jail if convicted.

[…]

https://www.themoscowtimes.com/2023/10/16/russian-lawyers-call-on-authorities-to-end-harassment-of-legal-community-a82781

https://www.rferl.org/a/navalny-lawyer-missing-arrests-russia/32639832.html

https://meduza.io/en/feature/2023/10/16/russian-lawyers-call-for-strike-to-protest-authorities-obstruction-of-their-work

https://pace.coe.int/en/news/9260/pace-rapporteur-condemns-the-search-and-detention-of-alexei-navalny-s-lawyers

https://www.theguardian.com/world/2023/oct/14/russia-detains-lawyers-acting-for-opposition-leader-alexei-navalny

https://www.dw.com/en/russia-detains-three-navalny-lawyers/a-67096228

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

https://www.amnesty.be/infos/actualites/article/russie-autorites-abandonner-poursuites-arbitraires-visant (FRANCAIS)

https://www.lessentiel.lu/fr/story/russie-un-avocat-de-navalny-disparait-mysterieusement-409218316920

https://www.lepoint.fr/monde/russie-trois-avocats-de-navalny-places-en-detention-13-10-2023-2539296_24.php

https://fr.wikipedia.org/wiki/Alexe%C3%AF_Navalny

Turkey: Torture, threats and attacks against human rights lawyer Aytekin Aktaş

10/05/23

[…]

The Observatory has been informed about the acts of torture, threats and physical and verbal attacks against human rights lawyer Aytekin Aktaş, a member of the Progressive Lawyers Association (Çağdaş Hukukçular Derneği – ÇHD) and Lawyers for Justice (Adalet İçin Hukukçular), while he was representing a Life Watch protestor detained by the Gendarmerie in Hatay province, in the region affected by the deadly February 6, 2023 earthquakes. The earthquakes caused the death of over 52,000 people, left thousands more injured and displaced millions in Turkey and Syria. This humanitarian crisis prompted President Erdoğan to enact a three-month state of emergency in the affected areas, which led to disproportionate restrictions to fundamental freedoms and abuses by law enforcement. The Life Watch protests are peaceful gatherings of Hatay residents who survived the earthquake that went on for several weeks against the dumping of rubble in various locations across the province without sufficient precautions in place and by putting public health at risk, particularly of those who live around the dump sites.

On April 4, 2023, Aytekin Aktaş, who was in the earthquake region to provide voluntary legal support, arrived at the Yeşilköy Neighborhood of Samandağ, a district in Hatay, after being informed that Gendarmerie officers detained a participant of the Life Watch protest, where earthquake survivors had gathered to read a press statement. Upon Aktaş’s arrival at the protest location behind the Samandağ-Antakya Road in Yeşilköy, he identified himself as a lawyer to the Gendarmerie and asked to see his client. The Gendarmerie first stated that his client was held inside a vehicle, but when Aktaş asked whether the Gendarmerie had a detention order concerning his client as per the law, the Gendarmerie became hostile by insulting and roughing him up and denied providing information on the detention order.

After Aktaş insisted that detention without the prosecutor order and interference with lawyers performing their professional duties are unlawful, both Aktaş and protestors at the site were battered by the Gendarmerie, and forcibly removed from the area where the detention vehicles were. When Aktaş started recording the violence with his phone, the Gendarmerie officers removed the name tags off their uniforms and took his phone. At least 10 Gendarmerie officers then attacked Aktaş and dragged him to a more concealed location between vehicles. Officers tortured Aktaş by beating him with batons, kicking and punching him, stepping on his neck with boots, dragging him on the ground, and twisting his arm by encouraging each other to “break his arm”, while insulting and threatening to kill him by saying: “This is the state of emergency region, we will kill you here and no one can do anything about it”. They later put Aktaş in a vehicle where they continued to torture him, trapped him inside the vehicle and refused to release him, while violently detaining others at the protest site who witnessed the Gendarmerie’s attacks against Aktaş. After approximately 30 minutes, the Gendarmerie released Aktaş.

While he was gathering plate numbers and names of the officers involved in the attacks, Aktaş was once again assaulted by Gendarmerie officers. This second attack ended when Aktaş was able to escape the Gendarmerie. ÇHD filed a criminal complaint following these violent acts with the Hatay Chief Public Prosecutor’s Office.

[…]

https://www.fidh.org/en/issues/human-rights-defenders/turkey-torture-threats-and-attacks-against-human-rights-lawyer

https://m.bianet.org/english/law/278246-four-kurdish-lawyers-arrested-in-terror-investigation

https://www.gazeteduvar.com.tr/avukata-yonelik-jandarma-iskencesine-suc-duyurusu-haber-1613899 (TURKCE)

Azerbaijan: Ongoing pre-trial detention of Mr. Elchin Sadigov

05/12/22

In a joint letter to the Prosecutor General of the Republic of Azerbaijan, Lawyers for Lawyers and the International Observatory for Lawyers have expressed their concern about the pre-trial detention and house arrest of lawyer Elchin Sadigov.

On 10 September 2022, Mr. Sadigov was arrested together with the journalist Mr. Avaz Zeynalli and charged with “complicity in bribe taking”. At the time of his arrest, Mr. Sadigov represented Rasim Mammadov, a prominent businessman in Azerbaijan accused of embezzlement. Mr. Sadigov is suspected of being involved as an intermediary. Since Mr. Sadigov is currently under house arrest and could be sentenced to 12 years in jail, he is restricted in his ability to practice law.

Furthermore, we are concerned that Mr. Sadigov’s right on a fair trial is violated. On the day of his arrest, the Prosecutor’s General’s Office searched his home and office, where they confiscated documents and his mobile phone. International human rights law protects the confidentiality of lawyers-client communications as well as the privacy of attorneys’ records as an element of the right to a fair trial.

In the joint letter, we call upon the authorities of Azerbaijan to drop all charges against Mr. Sadigov unless credible evidence is presented in proceedings that respect fair trial guarantees and put an end to all acts of harassment against Elchin Sadigov, including at the judicial level.
We further urge that all lawyers in Azerbaijan must be able to carry out their legitimate professional activities without fear of reprisals and free of all restrictions.

[…]

https://apa.az/en/incident/azerbaijani-journalist-avaz-zeynalli-and-lawyear-elchin-sadigov-imprisoned-for-4-months-384473

(AZERBAIJANI)

Ukraine/Russia: CRIMEAN HUMAN RIGHTS LAWYERS APPEAL FOR SOLIDARITY IN WAKE OF ATTACKS

22/11/22

The Crimean Solidarity movement was set up by lawyers, journalists, and relatives of those arrested following the Russian invasion of Crimea in 2014.

The organization has persisted through many years of struggle, and still exists despite constant threats and attacks. Many in the movement are citizen journalists regularly targeted this year by Russian authorities in Crimea. Their homes are routinely raided, and they are often jailed.

Now, three lawyers who represent those targeted have themselves been attacked. The three – Lilia Hemedzhy, Rustem Kyamilev, and Nazim Sheikhmambetov – are advocates representing many of those in the estimated 200 cases brought against members of the Crimea Solidarity movement.

“They are under constant surveillance, and now the authorities have taken away their permission to practice as lawyers. It was done on a technicality,” Demir Minadirov of Crimea Solidarity told me when we met in Kyiv last week. In July the three were stripped of their lawyers’ licenses, effectively preventing them from representing their clients in court in criminal cases.

He says since 2017, pressure on the movement has intensified and around 50 members have been jailed, with many detained on the word of secret witnesses.

“We’re trying to make these cases as well-known as possible, to draw attention to what’s happening in Crimea. We’re asking for international solidarity from lawyers and lawyers’ associations. We want them to contact the authorities and say they know about what’s happened to Lilia Hemedzhy, Rustem Kyamilev, and Nazim Sheikhmambetov,” he said.

Human Rights First knows the power of international solidarity with human rights lawyers. HRF’s roots are in the legal human rights community, and we were founded in 1978 as the Lawyers Committee for International Human Rights.

Since then, we’ve worked with human right lawyers all over the world. In the last decade we’ve supported and worked alongside human rights defenders who are lawyers in places including BahrainEgyptHong KongHungaryKenyaNorthern IrelandPolandSaudi ArabiaThe PhilippinesThe United Arab Emirates, and of course Ukraine.

Some of the lawyers whose work we’ve highlighted are in prison, others risk their lives to carry out their legal work in defense of the rights of others, and most are under some sort of harassment or pressure. We know from decades of experience that public solidarity with lawyers at risk in other parts of the world can be a powerful support.

[…]

https://www.frontlinedefenders.org/en/statement-report/crimea-ukraine-human-rights-lawyers-disbarred

https://www.coe.int/en/web/portal/-/council-of-europe-will-continue-to-support-crimea-and-all-of-ukraine-says-secretary-general

https://unba.org.ua/news/7739-naau-podyakuvala-za-pidtrimku-evropejs-kim-kolegam-z-federacii-advokatur-evropi.html (UKRAINIAN)

https://censor.net/ua/news/3381466/naau_zabezpechyla_nezalejnist_ukrayinskoyi_advokatury_izovitova

https://unba.org.ua/news/7735-naau-z-10-richchyam-privitala-narodnij-deputat-ukraini-tetyana-skripka.html

https://www.unian.ua/society/za-10-rokiv-ukrajinska-advokatura-stala-standartom-dlya-yevropeyskih-advokatur-lidiya-izovitova-12049335.html

Turkey: Seven lawyers among 15 detained in Ankara over Gülen links

20/09/22

Prosecutors in the Turkish capital of Ankara issued detention warrants on Tuesday for 36 people in two separate investigations, leading to the detention of 15 including seven lawyers due to their alleged links to the faith-based Gülen movement, the Bold Medya news website reported.

The detention warrants were issued based on the records of their phone conversations or on witness statements. Among those detained or facing detention are former police academy students and former public servants.

The suspects are accused of using ByLock, an encrypted messaging app considered by Turkey a secret tool of communication among supporters of the Gülen movement, and of having access to the questions on a State Personnel Examination (KPSS) held in 2013.

Following an abortive putsch in July 2016, the Turkish government declared a state of emergency and carried out a massive purge of state institutions under the pretext of an anti-coup fight. More than 130,000 public servants, including 4,156 judges and prosecutors, as well as 29,444 members of the armed forces were summarily removed from their jobs for alleged membership in or relationships with “terrorist organizations” by emergency decree-laws subject to neither judicial nor parliamentary scrutiny.

According to a statement from Justice Minister Bekir Bozdağ in July, 117,208 people have been convicted, with 1,366 sentenced to life in prison and 1,634 to aggravated life with no chance of parole following the coup attempt. While 87,519 people have been acquitted of charges specifically related to the Gülen movement since the coup attempt, according to Bozdağ, there are doubts about the number of people who have been acquitted of all charges by a court of law.

Judicial experts voice skepticism about the figures announced by the minister, saying that 117,208 convictions are only those that have been upheld by an appeals court, since Justice Ministry data show that more than 265,000 people were sentenced on charges of terrorist organization membership between 2016 and 2020 due to their alleged Gülen links.

https://www.coe.int/en/web/ankara/-/a-casebook-on-the-right-to-a-fair-trial-in-administrative-justice-has-been-published

Azerbaijan: “The arrest of Sadigov is another blow to the independent legal profession” – human rights activists

16/09/22

The Center for Monitoring Political Prisoners issued a statement condemning the arrest of human rights lawyer Elchin Sadigov.

“Azerbaijan is systematically removing from the legal profession  the lawyers specializing in the human rights sphere. In recent years, well-known lawyers who were not afraid to defend the rights of many political prisoners, and in particular Khalid Baghirov, Alaif Hasanov, Yalchin Imanov, Elchin Namazov, were expelled from the Bar for unreasonable reasons. Some, fearing reprisals, were forced to leave the country.

In the case of Elchin Sadigov, one of the last lawyers defending political prisoners, the authorities went even further and arrested him, which is undoubtedly related to his professional activities,” said Elshan Hasanov, head of the Center for Monitoring Political Prisoners.

Thus, the process of depriving citizens of high-quality legal protection is being consistently carried out in the country.

“People are actually deprived of the opportunity to receive legal assistance from a lawyer of their choice. Lawyers loyal to the leadership, controlled by the authorities of the Bar Association, are being imposed on citizens. There is no such radical pressure on lawyers even in “Putin’s Russia,” Hasanov continued.

The Center for Monitoring Political Prisoners demands the release of lawyer Elchin Sadigov from custody,  restoration of his powers, and demands to repressions against independent lawyers.

http://www.turan.az/ext/news/2022/9/free/Social/en/9435.htm/001

https://www.turan.az/ext/news/2022/9/free/Social/en/9456.htm/001

https://www.mediadefence.org/news/statement-elchin-sadykov/

https://www.coe.int/en/web/commissioner/view/-/asset_publisher/ugj3i6qSEkhZ/content/azerbaijan-s-authorities-should-immediately-release-human-right-lawyer-elchin-sadykov-and-journalist-avaz-zeynalli-and-stop-intimidating-and-harassing

https://www.turan.az/ext/news/2022/9/free/politics_news/en/9252.htm

https://www.fidh.org/en/issues/human-rights-defenders/azerbaijan-arbitrary-detention-and-criminalisation-of-elchin-sadigov

https://www.voanews.com/a/azerbaijan-detains-a-journalist-and-his-lawyer/6746340.html

https://www.occrp.org/en/daily/16762-azerbaijan-arrests-lawyer-who-defends-political-opponents

https://www.turan.az/ext/news/2022/-/free/Chetin_sual/en/9262.htm/001

https://www.turan.az/ext/news/2022/9/free/politics_news/az/9252.htm/001 (AZERBAIJANI)

https://www.coe.int/fr/web/commissioner/view/-/asset_publisher/ugj3i6qSEkhZ/content/azerbaijan-s-authorities-should-immediately-release-human-right-lawyer-elchin-sadykov-and-journalist-avaz-zeynalli-and-stop-intimidating-and-harassing (FRANCAIS)

European Lawyers’ Day 2022 is on 25 October

14/09/22

European Lawyers’ Day (ELD) 2022 takes place on 25 October, as part of the European Day of Justice.

It celebrates the common values of lawyers, and their intrinsic role in the defence and promotion of the rule of law, as well as their contribution to the justice system.

Run by the CCBE since 2014, the goal of ELD is to promote the rule of law, and the lawyer’s role in upholding legal principles for citizens.

Law in times of war

Following the invasion of Ukraine by Russia in February, the theme selected this year is ‘Making the law prevail in times of war – the role of lawyers’.

Lawyers play an important role in the context of war by assisting people fleeing conflict and in search of haven, the CCBE says.

European Lawyers’ Day amplifies the various initiatives taken by Bars and Law Societies, as well as lawyers and law firms, in reaction to humanitarian crises resulting from conflicts.

ELD also recognises how lawyers safeguard individual human rights, and how they represent victims of war in war crimes and crimes against humanity.

Information on events to mark the day will be available on the CCBE website.

The chair of the CCBE Criminal Law Committee Ondrej Laciak has also written an article entitled ‘Lawyers upholding justice in times of war’, to mark this year’s event.

https://www.lawsociety.ie/gazette/top-stories/2022/september/european-lawyers-day-2022-takes-place-on-25-october

https://www.coe.int/en/web/cepej/events/european-day-of-justice