Tag Archives: IBA

Kremlin’s crackdown on dissent turns Russian courtrooms into instruments of repression

17/06/23

As a defence lawyer for high-profile critics of the Putin regime, Vadim Prokhorov is used to his clients meeting grim fates.

One was murdered outside the walls of the Kremlin. Another sentenced to 25-years in prison for criticising the war in Ukraine.

Their names – Boris Nemtsov, Vladimir Kara-Murza – stand as warnings to anyone who might dare challenge the Russian state.

But it was only last month that the 50-year-old barrister, a thick-set man with a furrowed brow and a shock of black hair, found himself, too, in the Kremlin’s cross-hairs.

He received a tip-off that, after the verdict in the Kara-Murza case, he could be arrested. So he decided to flee.

“I realised they don’t need me as a free man once the verdict is delivered,” Mr Prokhorov told The Telegraph in a matter-of-fact voice.

Persecution for political views is old news for Vladimir Putin’s Russia – his opponents have been jailed, poisoned or shot just outside the Kremlin for the most part of his 23-year-long rule – but Russia’s invasion of Ukraine last year and a plethora of draconian laws that came in tow have turned Russian courtrooms into places of public condemnation, not unlike during the Soviet Union’s Great Terror in the 1930s.

Last week, Lilia Chanysheva, an associate of jailed opposition leader Alexei Navlany, was jailed for seven-and-a-half years on charges of “extremism”.

This week Mr Navalny himself faces a new trial from his maximum security prison 250 km east of Moscow. He says the “absurd” charges could keep him behind bars for another 30 years.

The swift transformation of Russia’s corruption court system into a close replica of the Soviet show trials has surprised even its former victims.

[…]

https://news.yahoo.com/kremlins-crackdown-dissent-turns-russian-143614307.html

https://www.telegraph.co.uk/world-news/2023/06/17/kremlin-repression-lawyers-flee-dissent-harsh-sentences/

https://www.jurist.org/news/2023/05/international-bar-association-calls-for-un-to-create-tribunal-for-russia/

https://www.reuters.com/world/europe/russian-anti-war-activist-dies-jail-after-alleging-mistreatment-lawyer-2023-06-15/

https://www.france24.com/en/live-news/20230619-russia-s-navalny-faces-decades-in-prison-in-new-trial

https://www.britannica.com/biography/Aleksey-Navalny

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

https://free.navalny.com/

https://www.lejdd.fr/international/nouveau-proces-dalexei-navalny-lopposant-russe-face-au-risque-de-loubli-136935 (FRANCAIS)

https://www.la-croix.com/Monde/alexei-navalny-avocat-russe-russie

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

Russia/Ukraine: Kremlin-Critic Lawyer Stripped Of License Over Anti-War Stance

16/06/23

The Chamber of Attorneys in Moscow has stripped well-known Russian lawyer and outspoken Kremlin critic Ilya Novikov of his license to practice law for “behavior that disrupts trust.” The decision was made because of an interview Novikov gave last month to the Popular Politics YouTube Channel, where he sharply criticized President Vladimir Putin for the ongoing war against Ukraine. In November, the Justice Ministry added Novikov, who currently resides in Ukraine, to the “foreign agents” list, and shortly after that the Interior Ministry added him to its wanted list on unspecified charges. 

https://www.rferl.org/a/russia-lawyer-stripped-license-anti-war/32462492.html

https://www.rferl.org/a/russia-adds-lawyer-ilya-novikov-wanted-list/32157123.html

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

https://www.svoboda.org/a/iljyu-novikova-lishili-statusa-advokata/32462355.html (RUSSIAN)

The Afghanistan Independent Bar Association and the Regulation of Legal Practice, Then and Now

09/02/23

The Afghanistan Independent Bar Association (AIBA) was established under Afghanistan’s 2007 Advocates Law. Prior to the establishment of the AIBA, legal practice in Afghanistan was administered by the Ministry of Justice (MoJ). The AIBA was established in compliance with international standards and the legal profession’s principles. For instance, the establishment of the AIBA itself was based on Article 31 of Afghanistan’s 2004 Constitution, currently disavowed by the Taliban, which provides for, inter alia, the right to have access to a lawyer upon arrest. The mentioned provision is in compliance with the principles adopted by the United Nations as the “Basic Principles on the Role of Lawyers”.

The AIBA was authorized to administer legal practice in Afghanistan from 2008 (after its physical establishment) until shortly after the Government of the Islamic Republic of Afghanistan (GoIRA) collapsed on August 15, 2021. It was organized to have a General Assembly, President, Vice President, Executive Council, and members. As the name suggests, the AIBA was a non-governmental, independent and self-governing entity. The AIBA was designed to be in compliance with standard 17 of IBA Standards for the Independence of the Legal Profession (adopted 1990).

Bar associations and similar entities are internationally recognized as having a significant role in the administration of justice and upholding the rule of law in their respective jurisdictions. The AIBA had assumed that role in Afghanistan. It was engaged with training newly admitted lawyers in an attempt to prepare them to defend their clients as required by the law. Additionally, it was a member of the Legislative Committee of the GoIRA, commenting on proposed legislation. Furthermore, it was engaged with international organizations in implementing legal awareness programs. It had assumed a role to ensure compliance with basic rights for all during judicial and prosecution procedures in the country.

Lawyers registered with the AIBA were also attentive to the AIBA’s development in particular and Afghan legal developments in general. For instance, the author during his term as the Executive Director of the Afghanistan Center for Commercial Dispute Resolution (ACDR) and the AIBA negotiated a Memorandum of Understanding in February 2020 to educate newly admitted lawyers on alternative dispute resolution, which was at the time seen as a prominent legal development in Afghanistan. The AIBA and its assigned committee were receptive to the idea. This demonstrates the adherence of the AIBA with international standards and principles on legal education for lawyers.

[…]

https://www.jurist.org/features/2023/02/09/explainer-the-afghanistan-independent-bar-association-and-the-regulation-of-legal-practice-in-afghanistan-then-and-now/

https://www.jurist.org/commentary/2023/01/lawyers-and-the-legal-profession-face-extinction-in-afghanistan/

https://www.aljazeera.com/program/101-east/2023/2/9/leaving-afghanistan-starting-over-in-a-new-land

https://www.pittmag.pitt.edu/news/bridge-builders

https://www.hrw.org/news/2023/02/09/denmark-sweden-offer-protection-all-women-girls-afghanistan

The International Bar Association and Ukraine: a year of collaboration

06/02/23

As an organisation at the forefront of promoting and protecting the rule of law and international justice, the IBA has had a duty to support Ukraine and its legal profession, institutions, infrastructure and population as a whole since the start of the Russia–Ukraine war in February 2022.

At that time, IBA Executive Director Mark Ellis swiftly initiated the Association’s response to the crisis and set out a plan for delivering assistance to Ukraine.

At the outbreak of war, the IBA immediately issued a press release. ‘The IBA publicly condemned Russia’s breach of the most sacred principle of international law – sovereign integrity – on the sad 24 February 2022’, says IBA President Almudena Arpón de Mendívil. ‘Supporting Ukraine on all legal fronts has been a priority for the IBA since then, and will remain so until the illegal actions of Russia in Ukraine’s territory end.’

‘Beyond public statements, the IBA has focused its efforts in three areas: aiding Ukraine’s legal profession; helping to support accountability of any crime against humanity perpetrated during the war with the IBA app eyeWitness to Atrocities; and cooperating with Ukraine regarding its compliance with international legal standards in domestic trials related to war crimes’, she explains.

The IBA and IBAHRI have been involved in many different initiatives in the past year. In addition, the Association has endeavoured to inform its membership and beyond on varied aspects of the conflict and related matters through regular features, articles, podcasts and webinars.

Ukrainian bars and the legal profession

In early 2022, the IBA expressed solidarity with IBA members and lawyers in Ukraine, and the Ukrainian bars, subsequently strengthening ties with the Ukrainian National Bar Association and the Ukrainian Bar Association. The IBA has assisted them with financial contributions in support of their humanitarian efforts and bar running costs.

Given its considerable experience in training lawyers, it was logical for the IBA to undertake training for those lawyers who will be involved in defending the accused in national war crimes trials, as well as providing further training on international criminal law during 2022. Several popular sessions took place online.

In August 2022, the International Legal Assistance Consortium – of which the IBA is a founding organisation – announced the publication of a new report, with research contributed by the IBA, on the impact of the Russia–Ukraine conflict on the Ukrainian justice system.

[…]

https://www.ibanet.org/The-IBA-and-Ukraine-a-year-of-collaboration

https://www.ibanet.org/Russia-Ukraine-Crisis-2022

https://en.unba.org.ua/

https://nationalpost.com/feature/back-to-the-ussr-kyiv-dan-bilak

https://www.jurist.org/features/2023/02/09/preventing-political-corruption-via-lustration-the-ukrainian-experience/

https://abcnews.go.com/International/wireStory/nobel-laureate-probe-russian-war-crimes-96685559

https://www.cnb.avocat.fr/fr/ukraine (FRANCAIS)

https://uclouvain.be/fr/decouvrir/events/doctorats-honoris-causa-2023.html

https://unba.org.ua/ (UKRAINIAN)

https://2022.uba.ua

The perilous situation of Afghanistan’s lawyers

02/02/23

Lawyers in a delicate situation in 2023. On the 24 of January, the international bars association announced that 2023 was dedicated to the situation of lawyers in Afghanistan.


The Afghanistan Independent Bar Association relaunch its activities on the occasion of the day of the endangered Lawyers, in exile from Brussels.


The press conference took place at the Press Club in Brussels in January, with the participation of different countries, the Council of Bars and Law Societies of Europe (CCBE), the French Bar, and the Independent Bar Association of Afghanistan (IBA) which is relaunching its activities in exile from Brussels. 

CCBE President Panagiotis Perakis opened the press conference by calling on “the world’s bars to support lawyers from Afghanistan and the continued existence of (AIBA) and its activities, but the good news is now in exile”. 


On the occasion of International Lawyers in danger Day, the CCBE is pleased to announce the official reopening of AIBA in exile, which will allow it to focus on its future activities to support its members in exile and in Afghanistan. 


Ruhullah Qarizada, the president of the Independent Bar Association of Afghanistan, stated that the AIBA is essential to the administration of justice, upholding the rule of law, and defending the rights of citizens. Additionally, by participating in the government’s legislative initiatives, such as the revision of Afghanistan’s penal code, the bar association has contributed significantly to the advancement of human rights and international law.


Accompanied by a consultant, he reports on the situation of lawyers and the judicial system in Afghanistan since the Taliban took power and stresses that AIBA is crucial for the independence of lawyers and the return to the rule of law.


He continued by saying that many others had been pushed into hiding and that more than 100 defense attorneys had been caught and arrested. Since November 2021, the Taliban has prohibited the operations of more than 6,000 AIBA members, including female attorneys, leaving them with an unclear future. Incapable of engaging in lawful activities and facing an unclear future, over 25% of AIBA’s female members are forced to stay at home.


A day after the edict was issued, according to Qarizada, a group of Taliban soldiers invaded the AIBA office in Kabul, threatening the employees and members of the Bar Association with violence and ordering them to leave. The Bar Association’s database, which contains the personal and professional details of over 2,500 AIBA lawyers and staff members, was also taken by the Taliban.

[…]

https://www.lawsociety.org.uk/campaigns/international-rule-of-law/features/endangered-lawyers-in-afghanistan-seminar

https://www.newlawjournal.co.uk/content/day-of-the-endangered-lawyer

https://www.dailymail.co.uk/news/article-11684441/JK-Rowling-secretly-donated-money-save-female-lawyers-families-Afghanistan.html

https://www.express.co.uk/news/politics/1727258/hero-lord-hintze-afghan-women-lawyers-taliban-tom-tugendhat-mp-update

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4339013

https://reliefweb.int/report/pakistan/afghan-refugees-fear-return-pakistan-cracks-down-migrants

https://law.nd.edu/news-events/news/afghan-women-rights-tahmina-sobat-roqia-samim/

https://www.vice.com/en/article/k7bdjv/afghan-refugees-women-children-pakistan-jail

https://www.rfi.fr/fr/asie-pacifique/20230202-l-europe-tend-la-main-aux-afghanes-pers%C3%A9cut%C3%A9es-par-les-talibans (FRANCAIS)

Afghanistan: DAY OF THE ENDANGERED LAWYER – 24 January 2023

24/01/23

The FBE supports all those in danger in Afghanistan.  Since the capture of Kabul by the Taliban in 2021, the situation of lawyers, judges, and prosecutors in Afghanistan has worsened. Many were left stranded when Government evacuation efforts ended. The international  legal community campaigns to persuade governments to rescue legal professionals at risk. However, most governments evacuated their own nationals and those who had been employed by the respective Government or related bodies. Most Afghan legal professionals did not fall into either category, even though they had served those Governments’ interests by upholding the rule of law in their country. Many were actively involved in the prosecution of members of the Taliban and  are in great danger. The international legal community must act now to persuade more assistance to evacuate lawyers, prosecutors, judges and legal professionals at risk and to offer safe havens in their respective countries.

The FBE endorses the report of the Coalition for the Day of the Endangered Lawyer and urges all to implement recommendations in particular:

  • The international community, in their diplomatic efforts toward the de facto authorities in Afghanistan, are urged to ensure the maintenance of a free and independent legal profession, in order to safeguard fundamental rights, including women’s rights, the independence and integrity of the administration of justice, and the rule of law.
  • The international community is urged to take all necessary measures to ensure that the lawyers at risk who remain in Afghanistan can safely leave the country. In particular:
  • To immediately implement evacuation and resettlement programmes for Afghan lawyers remaining in Afghanistan or located in neighboring countries.
  • To ensure respect for the principle of non-refoulement at all times.
  • To make humanitarian visas available to enable Afghan lawyers in need to access international protection legally and safely.
  • To ensure that all States suspend deportations and summary returns of Afghan nationals to Afghanistan or third states.
  •  To ensure that all States thoroughly investigate allegations of ill-treatment of Afghan nationals, especially in the States’ border regions and in removal centers in their territories.

[…]

https://www.lawscot.org.uk/news-and-events/blogs-opinions/danger-to-lawyers-at-home-and-abroad-must-be-tackled-by-us-all/

https://www.nycbar.org/media-listing/media/detail/day-of-the-endangered-lawyer-afghanistan-2023

https://www.lawsociety.ie/gazette/top-stories/2023/january/international-day-of-the-endangered-lawyer

https://www.uianet.org/en/actions/13th-day-endangered-lawyer-focus-afghanistan

https://www.americanbar.org/news/abanews/aba-news-archives/2023/01/aba-president-statement-re-endangered-lawyer/

https://2k86.mj.am/nl3/9MUI9jpjAKJgvmFwBU6sEA (FRANCAIS)

London: a Human Rights Solidarity and Arrested Lawyers Initiative action

Brussels (Facebook, CCBE – Council of Bars and Law Societies of Europe )

Afghanistan: Male judges and prosecutors left behind in ‘forgotten crisis’

17/01/23

The Taliban’s increasingly draconian policies in Afghanistan, the return to Sharia law and attacks on women’s rights have rightly drawn the world’s attention. However, almost 18 months after the Taliban seized power, there are growing calls to ensure that Afghan men, including those working in the legal profession, are also safe from harm.

Imogen Canavan, a Legal Consultant at the Max Planck Foundation for International Peace and the Rule of Law, has worked closely with the IBA and the International Association of Women Judges to evacuate vulnerable Afghans since August 2021. As part of these efforts, hundreds of female judges deemed to be at risk were evacuated alongside their families and have since been resettled in Canada, Australia, Germany, the UK, Ireland, New Zealand and Iceland.

While Canavan says these efforts are to be hugely commended, she’s increasingly concerned for the safety of male judges in Afghanistan who are now being forced to impose Sharia Law. ‘One of the focuses for me as a consequence of this work has been the male judges, because I feel like they’re a much bigger group,’ she says. ‘There are about 200 female judges, but there are about 2,000 male judges. What we see in terms of security risks for them is mostly kidnappings of the eldest son. They usually want the judge to present themselves to the Taliban in exchange for the son. Then often we anticipate that this would be likely to result in killing or certainly torture. There’s extortion as well.’

Safiya was an Afghan national working in the UK last August when the Taliban seized Kabul. Though she had no previous links to the legal profession, she, like Canavan, found herself fully immersed in the evacuation efforts. Safiya has watched in horror at how women have been steadily removed from nearly all areas of public life in Afghanistan, but says many male judges could be even more at risk than their female counterparts. ‘A lot of very well-known male judges were left behind,’ she says. ‘That’s the thing that upset me the most because all these men at the top of their field were getting in touch with me, but there was no evacuation mechanism for them. They’re the ones that are most in need now.’

Canavan says it was also a mistake that prosecutors weren’t deemed at risk enough to be evacuated by governments and humanitarian organisations in the wake of the Taliban takeover. ‘They are being attacked with knives and guns and their homes are being burnt down,’ she says. ‘Like legal academics, this group has not been prioritised, has been left behind and nobody’s thinking about them.’

[…]

https://www.ibanet.org/Afghanistan-Male-judges-and-prosecutors-left-behind

Click to access ILAC_Afghanistan_Report_2023-2.pdf

https://news.un.org/en/story/2023/01/1132662

https://www.lawsociety.ie/gazette/top-stories/2023/january/afghan-judges-to-speak-at-dublin-event

https://www.washingtonexaminer.com/opinion/the-taliban-appear-to-be-making-kill-lists

https://news.un.org/fr/story/2023/01/1131517 (FRANCAIS)

https://www.barreaubruxelles.be/component/k2/item/1079-24-janvier-2023-conference-de-presse

China repression: The families who have left loved ones behind

18/11/22

Geng He has suffered persecution, surveillance and the break-up of her family, all simply because of the man she married. Her story reveals the dark side of China under its leader Xi Jinping, who has just secured a third term in office.

Geng He remembers exactly where she was when she became aware of the overwhelming power of the Chinese state: she was in a beauty salon in Beijing, where she’d taken her daughter, Grace, to have her hair cut.

Suddenly, dozens of people barged in and told the mother and daughter to go with them. It was the secret police.

At first, Geng He didn’t understand what was going on – or who the people were. She asked if they could finish the haircut first. No, came the reply. There were more officers in the street outside; others were waiting for them at their apartment block.

“I looked around and – wow – the first floor and then the second floor were crammed with people,” she told me.

The couple’s apartment was searched, and Geng He was told that her husband had been arrested while visiting his sister in Shandong province, a few hours south of the capital.

It was 2006 and the beginning of the end of their life as a family.

Geng He’s husband, Gao Zhisheng, was a lawyer. He had once been feted by the communist government, but then he started defending people the authorities didn’t want defending.

[…]

https://www.bbc.com/news/world-asia-china-63637903

https://www.reuters.com/investigates/special-report/china-lawyers-crackdown-hongkong/

https://www3.nhk.or.jp/nhkworld/en/news/videos/20221107211911700/

https://www.voanews.com/a/jailed-hong-kong-lawyer-defies-beijing-s-campaign-to-subjugate-city/6828716.html

https://www.ibanet.org/The-2022-IBA-awardees

https://www.ibanet.org/China-Jiang-Tianyong-receives-IBA-Human-Rights-Award-2022

https://www.cecc.gov/media-center/press-releases/release-of-2022-annual-report

https://www.dw.com/en/xi-jinping-10-years-dramatic-changes-surprise-analysts/a-63748652

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

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

https://www.radiotelevisionmarti.com/a/china-disidente-carcel-visita-familia-derechos-humanos/18755.html (ESPANOL)

(PORTUGUES)

Council of Bars and Law Societies of Europe (CCBE) supports institutional independence of Ukrainian legal profession

03/11/22

Ukrainian National Bar Association Vice President Valentyn Gvozdiy held a working meeting with the President of the Council of Bars and Law Societies of Europe (CCBE), James MacGill, and the head of the organization’s secretariat Simone Cuomo during the annual conference of the International Bar Association (IBA) in Miami (USA)

The Chairman of the Parliamentary Committee on Law Enforcement, Ukrainian MP Sergii Ionushas, ​​also took part in the meeting, emphasizing the exceptional importance of the work of the Verkhovna Rada of Ukraine in the field of European integration.

As you know, with our country receiving the status of a candidate for membership in the European Union, the Ukrainian National Bar received the opportunity to raise its status in the CCBE from an observer member to associate member status. This opens up new possibilities and access to more information regarding regulating the legal profession.

Integrating such an important institution as the Institute of Advocacy into the European Legal Community is essential for Ukraine. Building a solid institution to protect Ukraine’s human rights is a prerequisite for strengthening the rule of law. This is the condition the EU has set for Ukraine to grant membership.

The Ukrainian National Bar Association cooperates with European colleagues almost daily, informing them about the current state of the legal system in the country and the challenges facing the legal profession during the war.

It will be recalled that the CCBE provided significant charitable assistance to Ukrainian lawyers affected by the war and, having developed with UNBA, adopted the necessary recommendations to facilitate the access of Ukrainian advocates to the market of legal services in European countries.

Founded in 1960, the Council of Bars and Law Societies of Europe (CCBE) is an international non-profit association that, since its inception, has been at the forefront of promoting the views of European lawyers and protecting the legal principles on which democracy and the rule of law are based.

https://en.unba.org.ua/activity/news/7680-the-council-of-advocates-and-law-societies-of-europe-ccbe-supports-the-institutional-independence-of-the-ukrainian-legal-profession.html

https://www.irishlegal.com/articles/ucd-academic-supporting-judicial-training-in-ukraine

https://www.jns.org/ukrainian-scholar-finds-home-at-yeshiva-university-as-war-rages-back-home/

https://www.lawgazette.co.uk/news/lawyers-will-put-an-end-to-this-war-zelensky-tells-international-bar/5114137.article

https://www.globallegalpost.com/news/ukraines-president-addresses-international-bar-associations-annual-conference-in-miami-1884984419

UK: How solicitors and firms are supporting displaced Ukrainian lawyers

29/09/22

Since the illegal invasion of Ukraine began, the solicitor profession has stood in solidarity with the country and its people. We brought together over 100 displaced Ukrainian lawyers and 24 major employers to create networking, employment and training opportunities.

Over 170 guests attended the job fair on 26 September, which aimed to support Ukrainian lawyers who have moved to the UK following Russia’s invasion of Ukraine on 24 February.

Over 20 major employers, including Shell, Deutsche Bank, Dentons and LexisNexis, had the opportunity to promote a diverse range of roles and initiatives to more than 100 Ukrainian lawyers and collect applications for vacancies.

UK organisations also provided practical advice and guidance, helping lawyers to understand their options for employment and training.

“Today is an example of solidarity in action,” said chief executive of the Law Society, Ian Jeffrey.

“We have brought together law firms, in-house legal teams, legal service providers, recruitment agencies, training providers and English language schools that Ukrainian lawyers will be able to meet with.”

Ukraine’s ambassador to the UK, Vadym Prystaiko, gave a powerful speech condemning Russia’s illegal invasion of his homeland.

He also highlighted the critical role of initiatives that address local problems experienced by Ukrainian refugees, including the search for employment and housing.

[…]

https://www.lawsociety.org.uk/topics/international/how-solicitors-and-firms-are-supporting-displaced-ukrainian-lawyers

https://www.ccbe.eu/actions/ukraine/

https://www.bbc.com/news/uk-england-berkshire-63061116

https://www.avocatparis.org/Solidarite-Ukraine (FRANCAIS)

https://www.ccbe.eu/fr/actions/ukraine/

https://www.lecho.be/economie-politique/belgique/general/les-dossiers-venus-de-russie-tourmentent-les-avocats/10417428.html