Tag Archives: Germany

Turkey/Germany: German Lawyers Criticize ECtHR’s Rejection Of Applications From Turkey

June 19, 2017

The German Bar Association (DAV) has criticized the European Court of Human Rights (ECtHR), which rejected applications concerning post-coup worker purges in Turkey on the grounds that domestic remedies had not been exhausted, Deutsche Welle reported on Sunday.

According to the report, DAV asked the ECtHR to ease the legal conditions necessary to accept applications from Turkey.

DAV Chief Ulrich Schellenberg, who criticized the rejection of applications from Turkey, said there was no working state of law in Turkey and that Turkey could not be compared with other European countries in terms state of law principles. Schellenberg added that the condition of exhausting domestic remedies had to be considered in a different light if one-third of judges and prosecutors were arrested in a short period of time and free advocacy could not be conducted due to oppression in a country.

A ruling by the ECtHR on last Monday turned down an application by a fired Turkish teacher on the grounds that he had not yet exhausted all domestic remedies. The European court referred to a commission that was announced by the Turkish government to review situations of state workers who have been dismissed by government decrees following a failed coup attempt on July 15, 2016, as a means of solution for Gökhan Köksal, a Turkish primary school teacher who had submitted a petition for the court to hear his case.


China/Germany: German legal profession criticises trial against Chinese human rights defender and lawyer Xie Yang

May 10, 2017

Logo Deutscher Anwaltverein

The German Federal Bar (BRAK) and the German Bar Association (DAV) have voiced criticism with respect to the trial against Chinese human rights defender and lawyer Xie Yang. The trial raises serious concerns as to its conformity with international standards of rule of law.

„It is not in accordance with standards of rule of law to start the main hearing of criminal proceedings directly following the assignment of a defence lawyer to Xie Yang. This is rendering proper criminal defence almost impossible“, says the DAV President, Rechtsanwalt und Notar Ulrich Schellenberg. The human rights defender and lawyer Xie Yang had been detained since summer 2015. On Monday, the trial’s main hearing has been started in Changsha, in the central province of Hunan, China. Xie Yang is indicted for “inciting subversion of state power”. After his defence lawyer has been arrested just before the main hearing taking place, the court appointed an official-defence counsel for him.

„We have considerable reason to believe that Xie Yang’s case is used for providing a cautionary example. It is an unsettling coincidence to see the trial starting just now“, summarises the President of the German Federal Bar, Ekkehart Schäfer.

Currently, delegations of the German Federal Bar and the German Bar Association are staying in China on the occasion of the Sino-German Dialogue on the Rule of Law. This dialogue format is based on an agreement signed by both the Chinese and German government in 2000 and is serving the mutual exchange and co-operation in matters pertaining to law. ___________________________________________________________________________

Please contact for comments or further questions: Press spokesman Swen Walentowski, Tel.: +49 (0)30 726152-129, Office: Manja Jungnickel, Tel.: +49 (0)30 726152-139, Katrin Schläfke, Tel.: +49 (0)30 726152-149, Fax: +49 (0)30 726152-193.

https://anwaltverein.de/de/newsroom/pm-5-17-anwaltschaft-kritisiert-prozess-gegen-chinesischen-menschenrechtsanwalt-xie-yang (DEUTSCHE)

USA/Germany: Exhibit on Jewish attorneys in Nazi Germany opens at Louisiana Supreme Court Museum

April 28, 2017

The exhibit “Lawyers Without Rights: Jewish Lawyers in Germany under the Third Reich” opens on April 28 at the Louisiana Supreme Court Museum on Royal Street.

The exhibit tells the story of how Jewish attorneys and judges were persecuted in Germany when Adolf Hitler came to power in the 1930s. It has been shown in more than 40 cities in the United States.

“It’s a very compelling exhibit that has been exhibited throughout Europe and also throughout much of the United States, but this is the first time it has ever been brought to Louisiana,” Mark Cunningham, an attorney at Jones Day who brought the exhibit to Louisiana, said.

The exhibit started in 1998 as the brainchild of a lawyer in Israel who knew there was a list in Berlin of lawyers whose licenses to practice had been revoked by the Nazis. The regional bar in Berlin provided the list, researched individual stories and helped compose the exhibit. Axel Filges of the Berlin Bar took over the exhibit and many local bar associations added to it.


Vietnam/Germany: Detained Vietnamese Human Rights Attorney to Receive Award For His Work

April 4, 2017

Nguyen Van Dai displays his face after he was beaten by masked assailants in Nghe An province, Dec. 6, 2015.

Detained human rights attorney and activist Nguyen Van Dai will receive an award from the German Association of Judges on Wednesday, making him the first Vietnamese awarded the honor for his work in human rights, RFA’s Vietnamese Service has learned.

A representative of Nguyen Van Dai will accept the award from the group known in German as Deutscher Richterbund (DRB), which is the largest professional organization of judges and public prosecutors in Germany.

Every other year, the organization bestows a human rights award on a judge, public prosecutor, or other lawyer for outstanding merit in the defense of human rights.

Former prisoner of conscience Pham Van Troi, a democracy activist and member of the Vietnam-based Brotherhood for Democracy, called Dai’s selection “wonderful news.”

Dai and other formerly jailed dissidents created the online group in 2013 to coordinate human rights activities across Vietnam and host forums in Hanoi and Saigon to mark International Human Rights Day.

“I think lawyer Nguyen Van Dai deserves this award,” Troi told RFA’s Vietnamese Service. “This is also a positive sign to promote democratization in Vietnam in the near future.”



http://www.rfa.org/vietnamese/vietnamnews/human-right-lawyer-nguyen-van-dai-be-award-by-germany-04042017083451.html (VIETNAMESE)

Tajikistan/Germany: Jailed Tajik Lawyer’s Lawyer Flees, Fearing Her Client’s Fate

March 31, 2017

Jailed Tajik Lawyer's Lawyer Flees, Fearing Her Client's Fate

Muazzama Qodirova, a Tajik lawyer, told RFE/RL this week that she is in Germany applying for political asylum. According to RFE/RL, she said “that Tajik authorities had threatened to launch a criminal investigation accusing her of leaking information about her client’s case to foreign media.”

Qodirova is the latest in an ever-lengthening list of lawyers hounded by Tajik authorities based on the clients they represent. In Qodirova’s case, she has been representing Buzurgmehr Yorov, the lawyer whose 23-year prison sentence — handed down in October 2016 after a closed trial — was recently extended by three years.

Yorov, and another lawyer specializing in human rights cases, Nuriddin Mahkamov, were arrested shortly after their most prominent clients: the leaders of the Islamic Renaissance Party (IRPT). The lawyers were accused and convicted of inciting ethnic enmity, calling for the overthrow of the government, support of extremist activity, fraud, and forgery.



Turkey: German and Italian National Bar Associations condemned arrests of Turkish lawyer by writing letter to the Turkish Justice Ministry

March 3, 2017

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(The Arrested Lawyers@Av_EvrenSEL — The Initiative for Arrested Turkish Lawyers https://twitter.com/Av_EvrenSEL)

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4493 judges and prosecutor were dismissed under state of emergency rules @ChRegnard

Day of the Endangered Lawyer/China: Deutschland/Germany

January 29, 2017

Displaying Day of Endangered Lawyer_ 2017 China_Berlin.jpg

Republican Lawyers Association (RAV), in cooperation with Association of Democratic Lawyers (VDJ), Association of Criminal Lawyers Berlin and Berlin Bar (RAK Berlin) organized a demonstration in front of the Chinese embassy in Berlin – picture attached.

A group of lawyers, non-lawyers and Amnesty International supporters performed a play by the State Theatre Nuremburg ensemble:”Trial against Hans Litten – Taken at midnight“. Hans Litten was a German criminal lawyer who fought against the German faschists, was arrested 1933 and committed suicide 1938 in KZ Dachau, the Dachau concentration camp.

Amnesty International / German section organized two Urgent Actions for these Chinese colleagues:
Xie Yang
At the end of this call is a link “Tag der verfolgten Anwälte und Anwältinnen” to the site of foundation “Day of the Endangered lawyer”: http://dayoftheendangeredlawyer.eu/

Jiang Tianyong