Tag Archives: European Parliament

Some 35 lawyers linked to protester relief fund being probed by Hong Kong Bar Association

05/07/22

Letters sent by the group, which represents barristers, reportedly accused them of bypassing defendants’ instructing firms and collecting remuneration directly from the 612 Humanitarian Relief Fund.

The Hong Kong Bar Association has asked barristers who received remuneration from a now-defunct protester relief fund to submit written explanations over suspected professional misconduct, Oriental Daily and Sing Tao reported.

According to its report on Tuesday, the association has sent letters to some 35 barristers since June 27.

The letters reportedly list court cases related to the 2019 protests which were handled by the lawyers in question. The barristers stand accused of violating the profession’s Code of Conduct by bypassing solicitors representing defendants and collecting remuneration directly from the 612 Humanitarian Relief Fund.

Sing Tao quoted sources as saying all the barristers concerned had practised for less than five years. Some had allegedly received HK$3,000 to HK$6,000 per day spent in court from the fund, while claiming they worked pro bono – without charge.

The association told HKFP a probe was underway: “We are not in a position to respond or comment on the updates or details in the investigation before it is concluded,” they said in a statement on Tuesday.

National security arrests

The city’s national security police unit said in May it had uncovered misconduct by some lawyers linked to the 612 fund and had filed complaints to the Law Society of Hong Kong, which represents solicitors, and to the Hong Kong Bar Association. It did not describe the alleged misconduct.

[…]

https://www.europarl.europa.eu/doceo/document/B-9-2022-0360_EN.html

https://samuelbickett.substack.com/p/whats-going-on-with-the-hong-kong?s=r

https://www.economist.com/interactive/essay/2022/07/01/how-hong-kong-became-a-police-state

https://www.civicus.org/index.php/media-resources/reports-publications/5899-hong-kong-submission-to-the-un-human-rights-committee-on-the-deterioration-of-civic-space

European Parliament condemned the crackdown on lawyers in Turkey and call for the release of imprisoned lawyers

08/02/22

On Tuesday, 7 June 2022, the European Parliament adopted 2021 Report on Turkey by 448 votes in favour, 67 against and 107 abstentions. MEPs warn that in spite of Turkey’s repeated statements that it aims to become an EU member, over the past two years the country has consistently gone back on its commitments in relation to the accession process.

The report points to the continued deterioration of the human rights situation in Turkey. MEPs regret the sustained legal and administrative pressure on civil society and human rights defenders, lawyers and journalists.

The European Parliament particularly condemned continuing crackdown on lawyers. MEP said:

the Parliament “is appalled by reports of a pattern of persecution of lawyers representing individuals accused of terrorism whereby the lawyers were prosecuted for the same crime as that attributed to their client, or a related crime, in a context where this constituted a clear obstacle to the enjoyment of the right to a fair trial and access to justice.”

[…]

https://m.bianet.org/english/law/261897-pace-rapporteurs-to-visit-turkey-for-kavala-case

https://www.lefigaro.fr/flash-actu/turquie-le-parlement-europeen-critique-la-degradation-de-l-etat-de-droit-20220607 (FRANCAIS)

https://www.europarl.europa.eu/news/fr/press-room/20220603IPR32136/la-turquie-continue-de-s-eloigner-des-valeurs-et-normes-de-l-ue

Turkey: Rights lawyer Can Atalay sentenced to 18 years in jail for “attempting to overthrow the government”

25/04/22

Turkish civil rights activist and philanthropist Osman Kavala was jailed for life without parole on Monday in a long-running case that sparked a diplomatic crisis and highlighted fears for the rule of law. 

The 64-year-old, who has been held in prison for 4½ years, was found guilty of attempting to overthrow the government in connection with mass protests that broke out in 2013 and a failed coup three years later. 

In a verdict greeted with boos and jeers, seven other defendants were sentenced to 18 years imprisonment at Istanbul’s Caglayan courthouse. The seven other defendants were civil rights activists Mucella Yapici, Can Atalay, Tayfun Kahraman, Ali Hakan Altinay, Yigit Ali Ekmekci, Cigdem Mater and Mine Ozerden

The trial of Henri Barkey, a US-based professor at Lehigh University, and seven other defendants will be continued in a separate case, the court ruled.

Many raised their fists in salute in a show of defiance and promised to continue their struggle. “We will not bow to persecution. We will resist persecution,” said defendant Can Atalay. 

Rights groups condemned the outcome of a case they had already criticized as unfounded and unjust. 

“Today, we have witnessed a travesty of justice of spectacular proportions,” said Nils Muiznieks, Europe director at Amnesty International, of the “politically motivated charade.” 

He added, “The court’s decision defies all logic. The prosecuting authorities have repeatedly failed to provide any evidence that substantiates the baseless charges of attempting to overthrow the government. 

“This unjust verdict shows that the Gezi trial was only an attempt to silence independent voices.” 

Emma Sinclair-Webb, Europe director at Human Rights Watch, described the conclusion of the “show trial” as “horrifying, cruel and evil.” 

[…]

https://www.al-monitor.com/originals/2022/04/turkish-court-jails-philanthropist-osman-kavala-life-widely-condemned-trial

https://www.theguardian.com/world/2022/apr/25/philanthropist-sentenced-to-life-in-turkey-in-travesty-trial-over-gezi-park-protests

https://m.bianet.org/english/law/260956-gezi-trial-aggravated-life-sentence-for-kavala-18-years-in-prison-for-seven-others

https://m.bianet.org/english/law/260956-judgment-day-in-gezi-trial-court-recesses-hearing-before-announcing-verdict

https://m.bianet.org/english/law/260956-judgment-day-in-gezi-trial-kavala-can-t-be-seen-due-to-problem-in-videoconference-system

https://www.ibanet.org/article/eec314ee-ab8f-4019-8ea5-117a8fce5802

https://www.europarl.europa.eu/delegations/fr/product/product-details/20220421DPU32664

https://www.frontlinedefenders.org/en/profile/can-atalay

https://www.gercekgundem.com/guncel/338243/portre-i-can-atalay-magdurlarin-doganin-avukati (TURKCE)

https://www.lemonde.fr/international/article/2022/04/26/en-turquie-osman-kavala-condamne-a-perpetuite-au-terme-d-une-parodie-de-justice_6123664_3210.html (FRANCAIS)

(ITALIANO)
(ESPANOL)

IACHR says Mexican government committed serious errors in the investigation of the murder of lawyer Digna Ochoa

20/01/22

In its 2001 annual review, Peace Brigades International noted: “The situation of human rights defenders [in Mexico] worsened significantly after the 19 October assassination of internationally known human rights defender Digna Ochoa and death threats against other human rights defenders.”

That PBI report further noted: “One of the cases that Digna Ochoa had been working on implicated the army in human rights abuses against environmental activists campaigning against logging in Guerrero.”

Ochoa is also mentioned in the PBI publication Dignas – Voices of Women.

In it, Emiliana Cerezo Contreras says: “In 2001 my brothers were accused of putting bombs in several offices of the National Bank of Mexico, Banamex. Through some friends, my brother Alejandro got in contact with Pilar Noriega and Digna Ochoa, two lawyers who took on their cases. That is how the Cerezo Committee was created.”

Democracy Now! has also reported: “Ochoa worked on behalf of peasant ecologists in the state of Guerrero, Zapatista guerrillas in Chiapas and indigenous peoples in her home state of Veracruz. At the time of her death, she was defending three men charged with bombing banks in Mexico City to protest against globalization.”

Lawyer’s Rights Watch Canada adds: “She represented many cases involving allegations of torture or murder by Mexico’s military and security forces, including the widows of the Aguas Blancas massacre and the campesino ecologists Rodolfo Montiel and Teodoro Cabrera. Montiel and Cabrera, who received the Goldman award for their work in forcing Boise Cascade to stop clear-cutting in the southern state of Guerrero, were sentenced to imprisonment on drug and weapons charges that Ochoa claimed were fabricated. Digna exposed the use of torture by the army to extract confessions from the environmentalists.”

IACHR ruling

Now, La Jornada reports: “The Inter-American Court of Human Rights [IACHR] found Mexico responsible for serious failures in the investigation into the death of human rights defender Digna Ochoa on 19 October 2001.”

That article adds: “Therefore, it ordered the Mexican state to reopen the investigations of the case in pertinent terms; investigate and eventually prosecute those possibly responsible for his death; carry out a public act of international responsibility and create a recognition in the defense of human rights that will bear the name ‘Digna Ochoa y Plácido’.”

Reuters also reports: “The Mexican government committed serious errors in the investigation of the death of the activist Digna Ochoa two decades ago and must continue with the probe, the Inter-American Court of Human Rights (IACHR) said on Wednesday [January 19].”

“Ochoa, who received death threats before her body was found with gunshot wounds in October 2001, was a lawyer who defended cases of human rights violations allegedly committed by civilian and military security forces.”

[…]

https://www.europarl.europa.eu/doceo/document/E-5-2003-0572_EN.html?redirect

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

https://www.diariodemexico.com/mi-nacion/resuelve-corteidh-mexico-no-garantizo-derecho-la-vida-de-defensora-digna-ochoa (ESPANOL)

https://www.cndh.org.mx/noticia/asesinato-de-digna-ochoa-abogada-mexicana-y-defensora-de-los-derechos-humanos

https://fr.wikipedia.org/wiki/Digna_Ochoa (FRANCAIS)

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)

EU Parliament urges UAE to free imprisoned human rights activists

17/09/21

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European Union legislators have urged the United Arab Emirates to free several prominent human rights activists and other “peaceful dissidents” imprisoned in the country.

In a strongly worded resolution passed on Thursday, the EU Parliament condemned alleged rights violations in the wealthy Gulf state and demanded the “immediate” and unconditional release of Ahmed Mansoor, Mohammed al-Roken and Nasser bin Ghaith.

The resolution was approved with a sizeable majority, winning the support of 383 legislators. Just 47 legislators opposed the text, while 259 abstained from the vote.

Mansoor, 52, was arrested in 2017 and later sentenced to 10 years in prison on charges of publishing false information and “insulting the status and prestige of the UAE”, including in posts on social media platforms.

Global rights group Amnesty International has designated the activist, who has allegedly been held in solitary confinement since his arrest, as a “prisoner of conscience”.

Al-Roken, a human rights lawyer, is also considered a “prisoner of conscience” by Amnesty.

The 58-year-old is currently serving a 10-year prison sentence after being found guilty of attempting to overthrow the government in a July 2013 mass trial that saw scores of other defendants convicted.

Bin Ghaith, an economist and academic, was also imprisoned for 10 years in March 2017 over a series of social media posts deemed to be critical of UAE authorities.

Call for Expo boycott

The EU Parliament resolution called for “all other human rights defenders, political activists and peaceful dissidents” detained in the country to be freed.

It urged EU member states to boycott the Expo 2020 world fair in Dubai, “in order to signal their disapproval of the human rights violations in the UAE”, recommending they “withdraw their sponsorship”.

[…]

https://www.aljazeera.com/news/2021/9/17/eu-parliament-urges-uae-to-free-imprisoned-human-rights-activists

https://www.europarl.europa.eu/doceo/document/RC-9-2021-0434_EN.html

https://www.middleeasteye.net/news/uae-european-parliament-release-political-prisoners-boycott-dubai-expo

https://icfuae.org.uk/press-releases/european-parliament-adopts-resolution-condemning-uae-human-rights-abuses

https://en.wikipedia.org/wiki/Mohammed_Al-Rukn

Sri Lanka: LAWYER DETAINED WITHOUT TRIAL FOR OVER A YEAR

14/07/21

Amnesty International South Asia on Twitter

URGENT ACTION

Hejaaz Hizbullah, a prominent Sri Lankan lawyer, was arrested on 14 April 2020 and has since been detained on trumped-up charges under the draconian Prevention of Terrorism Act (PTA). Hejaaz Hizbullah has been targeted for his work, and his advocacy for the rights of Muslim minorities in the country. He is a prisoner of conscience and must be immediately and unconditionally released and all charges against him dropped.


TAKE ACTION: WRITE AN APPEAL IN YOUR OWN WORDS OR USE THIS MODEL LETTER


Attorney General Sanjay Rajaratnam
Attorney General’s Department
Hulftsdorp Street,
Colombo 12
Sri Lanka
Fax: +94 112 436421
Email: administration@attorneygeneral.gov.lk
secretary@attorneygeneral.gov.lk


Dear Attorney General,


I am deeply concerned about the prolonged detention of Sri Lankan lawyer and minority and civic rights activist Hejaaz Hizbullah. Detained since 14 April 2020 on trumped-up charges under the draconian Prevention of Terrorism Act (PTA), no credible evidence of wrongdoing has yet been presented before a court.


It is distressing to learn that, since his arrest, Hejaaz Hizbullah has been repeatedly denied due process safeguards recognized by international law. He has been held in prolonged administrative detention without judicial oversight to monitor his wellbeing, without access to bail. While in police custody he was prevented from accessing his legal counsel in private until an order was made by the Court of Appeal. Even following his indictment in February 2021 and being moved to judicial remand, access to family and counsel has been restricted.

[…]

https://www.amnesty.org/en/documents/asa37/4468/2021/en/

https://www.ft.lk/news/A-call-to-action-against-detention-of-Hejaaz-and-Ahnaf-anti-Muslim-violence-and-attacks-on-democracy/56-720382

https://www.ft.lk/news/Chevening-Alumni-Association-SL-condemns-arbitrary-arrest-and-detention-of-Hejaaz-Hizbullah/56-720256

https://www.hrw.org/news/2021/06/10/european-parliament-alarmed-over-sri-lankas-rights-situation

https://monitor.civicus.org/updates/2021/07/13/despite-un-concerns-sri-lanka-continues-detain-critics-arrest-protesters-and-entrench-impunity/

Repression Rages in Belarus, Targeting Ever More Lawyers Too

27/05/21

An increasing number of Belarusian attorneys have seen their law licenses removed for trying to defend opposition figures.

Sitting in her car and talking via an encrypted video link on her smartphone from Minsk, disbarred lawyer Liudmila Kazak said her life and work as a legal defender for Belarusian opposition figures is more like fiction than real life.

“The situation really is like you’re reading a book,” Kazak said, speaking in Russian through a translator, in an interview with Courthouse News. “This book is about how there is a sort of state dictatorship in this country.”

Kazak is among a growing number of lawyers who are getting barred from practicing law in Belarus. In a new report, the American Bar Association said the disbarments appear to be part of a “larger pattern of retaliation by the Belarus government against lawyers for representing political opposition members and protesters and speaking out about the rule of law and human rights in Belarus.”

The dystopian book in which Kazak has found herself is part of is the same one captivating some 10 million Belarusians as their nation becomes ever more isolated from the rest of the world under President Alexander Lukashenko.

Soviet-style leader whose office teetered on the verge of collapse eight months ago in the face of massive street protests, Lukashenko has held onto power while keeping a tight grip on politicians, journalists, students, everyday citizens, activists and lawyers.

This crackdown reached a new low on Sunday when Belarus forced a Ryanair passenger flight passing through its airspace to land in Minsk, where authorities promptly arrested Roman Protasevich, a prominent 26-year-old opposition journalist and activist aboard the plane. This incident sparked international condemnation, and the European Union blocked air travel to and from the country.

[…]

https://www.americanbar.org/groups/human_rights/reports/belarus-arbitrary-disbarment/

https://www.baltictimes.com/tsikhanouskaya_to_organize_intl_belarusian_solidarity_action/

https://meduza.io/en/news/2021/05/27/belarus-reportedly-deems-russian-student-sofia-sapega-a-suspect-in-third-criminal-case

https://www.bbc.com/news/world-europe-57240371

https://www.bbc.com/news/world-europe-57238628

https://www.rferl.org/a/belarus-lukashenka-crimes-against-humanity-germany-court/31238838.html

https://www.theguardian.com/world/2021/may/26/belarus-regime-uses-video-confessions-tool-silence-dissent-raman-pratasevich

https://meduza.io/en/news/2021/05/25/russian-national-sofia-sapega-remanded-in-custody-in-belarus-for-two-months

https://www.reuters.com/world/mother-detained-belarus-bloggers-girlfriend-hopes-miracle-2021-05-25/

https://www.reuters.com/world/europe/reporters-without-borders-holds-protest-against-belarus-blogger-arrest-2021-05-27/

https://www.amnesty.org/en/documents/eur49/4191/2021/en/

https://www.bbc.com/news/world-europe-57247332

https://www.amnesty.be/veux-agir/agir-individus/reseau-actions-urgentes/action-urgente-pratasevich (FRANCAIS)

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Franak Viačorka (@franakviacorka) | Twitter

Pakistan: European Parliament party demands protection for endangered lawyer Saif-ul-Malook

26/05/21

The EPP Group in the European Parliament, the largest political party in the European Parliament, has demanded that Pakistan abolish the blasphemy laws and the death penalty and protect endangered lawyers like Saif-ul-Malook.

https://newint.org/features/2019/06/12/pakistani-lawyer-putting-his-life-line

https://www.europarl.europa.eu/doceo/document/RC-9-2021-0254_EN.html

https://www.forbes.com/sites/ewelinaochab/2021/05/26/european-parliament-condemns-pakistans-blasphemy-laws/

https://apnews.com/article/pakistan-europe-religion-1923a66391e7433ffae75c29b45d6ab4

https://www.reuters.com/world/asia-pacific/dozens-held-pakistan-trying-lynch-brothers-accused-blasphemy-police-2021-05-18/

https://www.voanews.com/extremism-watch/pakistans-feminists-fight-blasphemy-cases

https://www.aninews.in/news/world/asia/pakistans-obsession-with-blasphemy-laws-leads-to-extrajudicial-killings-mob-violence20210424153728/

https://www.wionews.com/south-asia/imran-khan-seeking-to-impose-pakistans-murderous-blasphemy-laws-across-world-382163

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

Turkey: Lawyer arrested based on doctored document petitions Supreme Court of Appeals to revise its decision

12/04/21

Turan Canpolat, 52, a lawyer who was arrested based on a doctored document on January 30, 2016, petitioned the Supreme Court of Appeals to revise its decision upholding his conviction on membership in a terrorist organization, Bold Medya reported.

In his petition Canpolat said the court is required by law to revise its decision given the flagrant violations in the process that led to his conviction.

Canpolat was called on January 27, 2016 by a client whose house was searched by the police. He visited his client and documented violations committed by the police during the search, which they jointly signed. He was later invited to the police station, and thinking there was an issue concerning his client, he complied.

Canpolat was detained upon arrival at the station, based on the statements of M.T., who had hired Canpolat as his lawyer a few days earlier. It later became apparent that after his arrest, the police had doctored a previous arrest warrant issued on January 26, 2016 to add Canpolat to the warrant to make it seem as if he was arrested based on that warrant.

M.T. had requested legal assistance because he was pressured by the police to give incriminating statements for targeted people under investigation. Since the relationship between Canpolat and M.T. was governed by attorney-client privilege, the police could not obtain information from Canpolat concerning M.T. The police took M.T. to the notary public to fire Canpolat as his lawyer and even paid the notary’s fee for the procedure of dismissal.

[…]

https://www.europarl.europa.eu/doceo/document/E-9-2020-006788_EN.html

https://freedomhouse.org/programs/regional-programs/europe-programs/advancing-fundamental-freedoms-turkey

https://boldmedya.com/2021/04/12/bu-kararin-hukuki-dayanagi-bulunmamaktadir-yok-hukmundedir/ (TURKCE)

http://www.turkhane2.com/15-temmuz/hukukcu-turan-canpolat-hakkimdaki-mahkumiyet-karari-yok-hukmundedir-1087052/

https://www.europarl.europa.eu/doceo/document/E-9-2020-006788_FR.html (FRANCAIS)