Tag Archives: France

The Tajik Government’s Style Of Justice And Mercy


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

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


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


Afghanistan’s female lawyers are on the run from men they prosecuted



Until August, Farishta was an influential prosecutor who exercised her power for a cause. She prosecuted criminals, Taliban militants, corrupt bureaucrats, and men who beat women and children.

Today, 27-year-old Farishta is in hiding. Like a fugitive on the run, she changes her location often. For her safety, we have changed her name.

Originally from Afghanistan’s south-eastern Paktia province, Farishta was among those Afghan women who obtained professional success in the years after the Taliban was defeated, challenging the country’s male-dominated and ultra-conservative society.

Five years ago, under the previous government, she became a prosecutor in Afghanistan’s Attorney-General’s office. Part of her job was “prosecuting and getting sentences for those who committed rape, murder and domestic violence”, she told the BBC from a safe house in Afghanistan. It was a “challenging but satisfying job”, she said.

But as the Taliban swept across Afghanistan in recent months, before seizing the country, they freed prisoners along the way, including thousands of hardened criminals and Islamist militants.

Among those let go by the crusading Taliban was Mohamad Gol, who faced charges of planning suicide bomb attacks. Farishta had painstakingly gathered evidence against Gol and successfully prosecuted him, putting him behind bars for what should have been a 20-year sentence.

Days after the Taliban took over Kabul, Mohammed Gol called her, Farishta said. “He said he was coming after me to take revenge, and I cannot hide anywhere.”

Since then, she has been on the move. With no salary, she is finding it difficult to make ends meet. Farishta and her colleagues say the Taliban are opposed to women working as prosecutors and judges and they want to keep most women away from the workplace, as they did during their rule through the late 1990s.

Women like Farishta have good reason to be afraid. In January, two women judges of the Afghan Supreme Court were shot dead in Kabul – part of a wave of targeted killings widely blamed on the Taliban. And two legal officials who worked in the Afghan Justice Ministry have been killed in Kabul in recent weeks in what are believed to be revenge attacks.




https://www.infomigrants.net/prs/post/35382/%D9%81%D8%B1%D8%B4%D8%AA%D9%87-%DA%A9%D8%B1%DB%8C%D9%85%DB%8C-%D9%88%DA%A9%DB%8C%D9%84-%D9%85%D8%AF%D8%A7%D9%81%D8%B9-%D9%88-%D9%81%D8%B9%D8%A7%D9%84-%D8%AD%D9%82%D9%88%D9%82-%D8%B2%D9%86%D8%A7%D9%86-%D8%A7%D9%81%D8%BA%D8%A7%D9%86-%D8%A8%D8%B1%D9%86%D8%AF%D9%87-%D8%AC%D8%A7%DB%8C%D8%B2%D9%87-%D8%A8%DB%8C%D9%86-%D8%A7%D9%84%D9%85%D9%84%D9%84%DB%8C-%D8%AD%D9%82%D9%88%D9%82-%D8%A8%D8%B4%D8%B1-%D8%B4%D8%AF (FARSI)

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Afghanistan/UK: Talks ongoing for securing evacuation of at-risk Afghan judge


Legal action on behalf of a female judge and female MP from Afghanistan has been put on hold while talks continue with ministers. 

Letters before action were served on the Treasury Solicitor on Tuesday, the government given a deadline to issue visas to the women that would allow them to cross the border to neighbouring countries. By today, proceedings were put on hold after positive discussions with the government.

A statement from the group of pro bono lawyers working on the case said: ‘Although the deadline we asked the government to work within has passed, we know they are now considering the case of the female MP and the female Judge. 

‘We remain optimistic about them giving these two ladies and their families visas and by doing so, discharging their moral and ethical responsibilities to them. This country would be greatly enriched by their presence.’

It is understood the judge and her close family, who are also at risk, were expecting to be called forward to board an evacuation flight out of Afghanistan, but this never happened.

Through the lawyers working on her behalf, she said: ‘Because of my work on women’s rights I have been threatened by a number of the Taliban, who have used violence against their wives. They said that when they would be released, they would destroy me. I am hiding with my family in terrible conditions. They are all in danger because they are part of my family. Already, one of my brothers has gone missing and we are very worried about him.’

Appearing before the foreign affairs select committee in parliament last week, foreign secretary Dominic Raab said the UK had evacuated nine judges believed to be at risk.





Click to access LAWASIA%20Statement%20of%20Concern%20Regarding%20the%20Safety%20of%20The%20Afghan%20Legal%20Community,%201%20September%202021.pdf





https://www.courrierinternational.com/article/ceux-qui-restent-sara-procureure-les-talibans-sont-contre-mon-identite-de-femme-qui (FRANCAIS)


https://oglobo.globo.com/mundo/juizas-tentam-fugir-do-afeganistao-nao-ser-alvo-dos-homens-que-colocaram-na-prisao-25183961 (PORTUGUES)

Afghanistan’s female judges desperate to flee death threats and retaliation


Afghans, hoping to leave Afghanistan, walk through the main entrance gate of Kabul airport in Kabul on August 28, 2021, following the Taliban stunning military takeover of Afghanistan.

“It was the most horrible experience I could ever have in my life. I experienced things I would never imagine seeing in my life.” — Afghan judge on trying to flee Kabul

Afghanistan’s female judges did what is anathema to the Taliban: They dared sit in judgment of men, holding them accountable for their actions and often sentencing them to long prison terms.

Death threats were frequent and, in January, despite the American troops’ presence, two women on the Supreme Court were assassinated.

Now, these fearless judges are being hunted by the Taliban and their fates have fallen mainly to international colleagues to sort out.

“It was the most horrible experience I could ever have in my life,” said one judge in describing her a harrowing escape from Kabul only a few days ago. “I experienced things I would never imagine seeing in my life.”

Of the 270 female justices, she was one of the lucky 20 who the International Association of Women Judges has rescued since the Taliban took control of the country, opened the jails, closed the courts and warned women to stay at home.

“We had some food and water but we ended up wandering from this gate to another for three days and two nights without food,” the judge said.

“Through this mayhem, we had to deal with gunfire all the time and the tear gas. That (tear gas) was the hardest thing for everyone. We couldn’t breath, we couldn’t see anything then with all of this (we) go this gate, other and another still not knowing if could go through or not or whether we could make it. We just kept going through the gates.”

The judge spoke Monday through a translator on the condition that no name be used, not her own or a pseudonym. She’s in hiding in an undisclosed country, waiting to find out where she and her family might be resettled.







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Afghanistan: Tajik lawyer threatened, shot in the foot


Internally displaced people in a camp in Kabul after they fled fighting in other parts of Afghanistan. Many ethnic minorities are fearful of what the Taliban rule will mean for them. Photo: Sonia Sarkar
  • Many young Tajik and Hazara Afghans want to leave the country, after the minorities were targeted by the Taliban in the past
  • A Tajik lawyer said he received a written threat, and was attacked by criminals released from jails after the Taliban took over

Kabul-based freelance photojournalist SH, who asked to only use her initials, is one of 10 million ethnic minority Tajiks living in Afghanistan.

Since the Taliban takeover of the country, she said she has been threatened with dire consequences if she steps out of her home. She believes this is both because of her ethnic origin and for being a woman. As a result, she and her family have applied for asylum in both the US and Canada, hoping the video editing training she received from the US Agency for International Development (USAID) two years ago will be her ticket to escape Taliban rule.

“I received threats from the Taliban because I take photographs of women who are victims of war in Afghanistan,” said the 26-year-old single mother, who is the sole breadwinner for her family of seven, which includes her parents and three sisters.


Lawyer Jan Mohammad Nazari, 30, a Tajik living in Baghlan province, fought legal cases on behalf of the erstwhile Afghan government against criminals allegedly supported by the Taliban. Last week, he was attacked by five men who were recently released from jails after the Taliban took over, he said. Nazari is now recovering from a bullet injury after he was shot in his right foot.

In June, he received a written threat from the Taliban, sent by the Islamic Emirate of Afghanistan’s Military Commission High Council, which said he will “lose” his life if he does not stop working with the former government’s national directorate of security or national army. A copy of the threat was seen by This Week In Asia.

Nazari is seeking asylum in the US and Canada. In his application to the US, he wrote: “I have my wife, a seven-month-old infant and a five-year-old son and all our lives are in danger … Please save our lives.”

But like Ahmad, he does not have a passport – although his wife does, and he is hoping this will help them. He is also battling to find out which countries are offering asylum.

“There is no information on which country will take us, but it’s true that we cannot live here any more,” Nazari said, adding that travelling to Kabul is also difficult.






https://www.ledevoir.com/societe/627027/afghanistan-nolisez-tous-les-avions-sortez-les-de-la (FRANCAIS)


https://protect-lawyers.org/es/afghanistan-oiad-members-mobilise-to-assist-lawyers-and-civilians-at-risk/ (ESPANOL)

https://protect-lawyers.org/it/i-membri-dell-oiad-si-mobilitano-per-assistere-avvocati-e-civili-a-rischio-in-afghanistan/ (ITALIANO)

Afghanistan/France: « Il faut nous sauver de cette terreur », supplient avocats et magistrats menacés par les talibans


Afghanistan : "Il faut nous sauver de cette terreur", supplient avocats et magistrats menacés par les talibans

La France aurait exfiltré 1800 personnes d’Afghanistan depuis l’entrée des talibans à Kaboul. Mais beaucoup de défenseurs des droits de l’homme, avocats, magistrats, journalistes, membres d’ONG ne peuvent pas se rendre à l’aéroport ou bien s’il y arrivent, sont refoulés. Les avocats français remuent ciel et terre pour leur porter secours.

« Save my life ! ». Des mails avec cet intitulé, la cellule mise en place par la profession d’avocat pour aider les défenseurs des droits en dangers en Afghanistan en reçoit actuellement 200 par jour. Ils proviennent d’avocats, de magistrats, de  journalistes, de membres d’ONG…. « Plusieurs initiatives ont été initiées lorsque la situation est devenue critique, par exemple le barreau de Marseille a lancé une action intitulée Care pour aider les avocats, le Syndicat de la magistrature, l’Union syndicale des magistrats et le syndicat FO-Magistrats sont également mobilisés. Le Conseil national des Barreaux (CNB) et le barreau de Paris ont proposé, avec l’accord de la Conférence des bâtonniers,  de centraliser toutes les demandes d’aide dans notre Observatoire international des avocats en danger qui a l’avantage d’être une structure déjà rodée au traitement de ce type de situation » explique Laurence Roques, présidente de la Commission Libertés Droits de l’homme du CNB et ancienne présidente du SAF.

Terrés pour échapper aux talibans

Il se trouve que CNB a conclu en 2015 une convention avec le barreau Afghan ; le réseau développé sur place lui permet aujourd’hui de suivre la situation au plus près et de proposer de l’aide. Les avocats peuvent également compter sur le cabinet du Ministre de la justice ainsi que sur plusieurs contacts au sein du Ministère des affaires étrangères. «On nous a expliqué que pour permettre l’exfiltration des afghans en danger, il faut communiquer une liste de noms, avec le numéro de passeport et une explication d’une ligne sur le risque de persécution encouru » confie Laurence Roques. Au départ, la cellule de crise recevait très peu de mails, et puis le chiffre est monté d’un coup pour atteindre 200 par jour. Alors, on inscrit les auteurs des appels au secours sur des listes qui sont transmises aux services de l’Ambassade de France sur place, ainsi qu’au Ministère de la justice, également mobilisé et au Ministère des affaires étrangères. Cela permet d’identifier, dans le chaos général, les gens ultra-prioritaires qui sont nommément menacés.  « Le problème c’est que les défenseurs des droits de l’homme, notamment les avocats et les magistrats, ont déjà fui leur domicile  pour échapper aux talibans qui les traquent, ils se terrent et ne peuvent pas prendre le risque d’aller à l’aéroport car les talibans contrôlent les accès » analyse Laurence Roques.



https://www.thelawyersdaily.ca/articles/29278 (ENGLISH)

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Judges, lawyers, human rights defenders seen as under threat in Afghanistan


Judges, lawyers, human rights defenders seen as under threat in Afghanistan

Legal organizations around the world, including bar associations, condemn Taliban takeover

Legal organizations around the world, including bar and judicial associations, are condemning the Taliban takeover of Afghanistan and the reports of human rights violations that have already taken place there.

The Canadian Superior Courts Judges Association (CSCJA), which represents nearly all of the federally appointed judges in Canada, was one of many associations releasing statements in the past week expressing concern and support for the people of Afghanistan.

“We note with particular concern the media reports about the safety and security of Afghan judges, particularly female judges,” the CSCJA said in its statement. For the past 20 years, it noted, Afghan judges’ focus as an independent judiciary was to render judgments based on the law, respect for human rights, and free of political influence or favour.

“While all judges are now in danger, female judges are particularly at risk because the Taliban has traditionally considered it unacceptable for Afghan women to sit in judgment of men,” the statement read. “Additionally, Afghan women in general now appear more vulnerable because of their apparent inability to move freely within or between cities.”









https://www.fnuja.com/Communique-sur-la-situation-en-Afghanistan_a2483.html (FRANCAIS)


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Luxembourg Bar and others mobilise to help Afghans


The mobilisation of support for Afghans has begun in Luxembourg, with the Bar Association gathering asylum specialists and refugee associations calling on the government.

On Thursday 19 August, a meeting was held in the presence of Luxembourg ombudsperson Claudia Monti, outgoing president of the Luxembourg Bar Association François Kremer and ten lawyers specialising in international protection, following the Taliban takeover in Afghanistan a few days earlier. “The initiative comes from an exchange I had with Claudia Monti at the beginning of the week, where we thought of bringing together several members of the bar to initiate a discussion on the dramatic situation in which Afghanistan has been sinking for the last few days,” explains Franck Greff, lawyer and president of the immigration and international protection commission of the Luxembourg Bar.

The aim, says Greff, is to “pool our forces in order to have the most uniform discourse possible with regard to both the Directorate of Immigration and the administrative courts. In this context, the commission I chair is working on the subject so that a document will soon be issued by the bar, intended for all our colleagues.” A basic text is already being drafted on the current situation in Afghanistan. It will compile a maximum of relevant information to be shared in order to facilitate the work of lawyers who defend the cases of Afghan applicants for international protection.

“What does the ministry intend to do for these people?”

Greff, who specialises in international protection and immigration, has himself been contacted by a dozen of his clients since the beginning of the week in view of the deterioration of the situation in Afghanistan, and in Kabul in particular. “Some of them have, for example, had their applications for international protection refused by the Directorate of Immigration and have lodged an appeal with the administrative courts. They are wondering what initiatives we will be able to take.”

The ambition is thus, among other things, to re-evaluate all the files in the light of the current situation in Afghanistan. “This is the great challenge that’s before us now,” continues Greff. “The lawyers hope that the actions they will be able to carry out will enable favourable solutions for all Afghans who are currently on national territory, both those who are in proceedings before the Directorate of Immigration and those who are in litigation before the administrative courts, without forgetting the people who have been rejected. We are going to work for everyone.”











https://www.marianne.net/agora/les-signatures-de-marianne/la-chute-de-kaboul-est-une-nouvelle-defaite-de-la-raison (FRANCAIS)



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May be an image of ‎map and ‎text that says "‎AFGHANISTAN Evacuees from Kabul airport week after the Taliban takeover least 28,000 people have been evacuated from Afghanistan, but tens thousands more are still waiting. CERMANY ۔KISTAN 3,821 ×2,000 1,100 -x 1,000 স 583 570 17,000 2,500 AMERICANS TURKEY 552 404 NETHERLANDS AUSTRALIA CANADA 300 300 x 294' 273 260 POLAND 170 UKRAINE 83 JAPAN 110 *Evocuees August15 ۔ DATE:AUGUST22,2021 @AJlabs ALJAZEERA‎"‎‎
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Afghanistan: Lawyer Latifa Sharifi from the Afghan women’s rights organisation Hawca rejected at Kabul airport



Afghan lawyer Latifa Sharifi, a member of the Hawca association, whose main aim is to protect women’s rights, has already received several open death threats in the past. On 15 August, she tried to leave Afghanistan but was turned away at Kabul airport.

Latifa Sharifi is an Afghan lawyer who has specialised in women’s rights since 2009. She is a lawyer for Hawca, a historic Afghan women’s association. In particular, she assists women victims of domestic violence in divorce proceedings and for this reason she has received many threats and intimidations.

The Italian newspaper Corriere della Sera published on 19 August 2021 the news of the lawyer’s refoulement at Kabul airport, where she had gone on Sunday 15 August, with her husband and children, in an attempt to flee abroad. The article also reveals the content of a letter she had written to her sister who lives in America, which is a real call for help. The lawyer was reportedly harassed while taking her children to school, stones were thrown at the windows of her house and in 2017 she received a blood-stained letter stating “the next one will be written in your son’s blood”. Latifa Sharifi then had to move and work in hiding. A few years ago, in an interview, she denounced the fact that after the fall of the Taliban, it was difficult for women to denounce the violence suffered by their husbands in a country where sons after the age of 7 and daughters from the age of 9 are legally entrusted to their father. Extreme forms of rebellion by women, such as immolation, were recorded in Afghanistan.

The International Observatory for Lawyers in Danger follows with great concern the evolution of the situation in Afghanistan, and calls for the guarantee of humanitarian corridors, in particular for women and minors and for those, including lawyers, who have fought for the respect of human rights. The IADO demands that the lawyer Latifa Sharifi be immediately allowed to leave Afghanistan with her family and seek political asylum.










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