Tajikistan: regional conference on the role and protection of lawyers

November 9, 2018

Today the ICJ, in co-operation with the Legal Policy Research Centre and the Union of Lawyers of Tajikistan, is holding a regional conference on the independence and role of lawyers, in Dushanbe.

Lawyers from Tajikistan as well as other countries of Central Asia, the Commonwealth of Independent States and Europe will discuss the legal safeguards that should apply to lawyers to ensure that they can defend the human rights of their clients and the role of bar associations in protecting the security and independence of lawyers.

They will consider the role of committees to protect the rights of lawyers, which have been established within the bar associations of several countries in the region, and how these specialized bodies can work most effectively.

A set of recommendations on the protection of lawyers in the region will be produced following the conference.

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https://www.icj.org/tajikistan-regional-conference-on-the-role-and-protection-of-lawyers/?fbclid=IwAR2EuH-u9F2Vw2oqm6GYWbXnPI7Szza22NPfMnA7kBiuSnskIXmLehUr-qg

http://lprc.kz/en

(Facebook, 11/11/18)

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Azerbaijan: ICJ intervenes before the European Court of Human Rights in a case concerning restrictions of lawyer’s rights

September 26, 2018

Today, the ICJ has presented a third party intervention before the European Court of Human Rights in Alayif Hasan oglu Hasanov v. Azerbaijan case.

In its submissions, the ICJ stresses that, while lawyers must perform their professional functions in conformity with ethical standards, the systems and procedures in respect of conditions of service, including in respect of admission to the profession and discipline, must not enforce such obligations in a way that impairs the exercise of human rights by lawyers or their capacity to effectively represent their clients.

The ICJ presented the submissions based on the jurisprudence of this Court as well as international standards governing the legal profession.

In particular, the submission addressed permissible restrictions of lawyers’ rights to respect for private (including professional) life under article 8 ECHR and to freedom of expression under article 10 ECHR, as well as the procedural safeguards required to apply such restrictions under article 6 ECHR.

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https://www.icj.org/azerbaijan-icj-intervenes-before-the-european-court-of-human-rights-in-a-case-concerning-restrictions-of-lawyers-rights/

https://www.echr.coe.int/Pages/home.aspx?p=home

https://lawyersforlawyers.org/en/oral-statement-on-upr-outcome-2/

https://www.coe.int/en/web/commissioner/view/-/asset_publisher/ugj3i6qSEkhZ/content/commissioner-mijatovic-intervenes-before-the-european-court-of-human-rights-in-the-case-of-emin-huseynov-v-azerbaijan

Poland/Tajikistan/Azerbaijan/Kazakhstan/ Russia/Belarus: Next target: legal profession, HDIM side event, Warsaw

September 10, 2018

The legal profession plays a crucial role in ensuring access to justice for all, transparency and accountability of the state, Rule of law and the respect for human rights.

 

Yet, instead of being perceived as a vital player to the justice sector, today lawyers are often targeted by the governments in many OSCE countries for seeking truth and justice. As a result, lawyers often face high risks of persecution, harassment as well as severe sanctions for doing their job.

This side-event aims to specifically discuss the situation of lawyers in Belarus, Russia, Azerbaijan, Tajikistan and Kazakhstan. The discussion will extend to consider the latest developments related to the rights of lawyers and their independence in the respective countries, and what impact this has on the overall rule of law and human rights situation.

This side event will take place on 12 September 2018, from 13.00 -15.00 at Hotel Bristol, Warsaw

Moderator: Jurate Guzeviciute, Programme Lawyer, International Bar Association’s Human Rights Institute

Presentations and Discussions:

Independence of the legal profession and harassment of lawyers in Eastern Europe and Central Asia:

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https://www.icj.org/next-target-legal-profession-hdim-side-event-warsaw/

Azerbaijan/Kazakhstan/Ukraine: Side Event: Defenceless defenders: addressing the attacks on lawyers in Azerbaijan, Kazakhstan and Ukraine

June 22, 2018

This side event at the Human Rights Council takes place on Tuesday, 26 June, 14:00-15:00, room XXVII of the Palais des Nations.  It is organized by the ICJ and the International Bar Association’s Human Rights Institute (IBAHRI).

In recent years, lawyers have increasingly been targeted across the world including Eastern Europe and Central Asia. Attempts to impede the work of lawyers through arbitrary disbarments and other disciplinary procedures, criminal or administrative proceedings, physical attacks or intimidation have become an unfortunate new normality in many lawyers’ work.

Lawyers are too often identified with their clients’ cause or specifically targeted in violation of their right to freedom of expression. This side event will discuss challenges faced by lawyers in defending human rights in Azerbaijan, Kazakhstan and Ukraine.

Moderator: Róisín Pillay, ICJ Europe and CIS Programme Director

Speakers:

• Helene Santos, Senior Fellow–UN Liaison Officer in Geneva for the IBAHRI
• Fariz Namazov, Lawyer, Member of the Azerbaijan Bar Association
• Hanna Boryak, Lawyer, Chair of the Committee for the Protection of Advocates’ Rights and advocacy at the Ukrainian National Bar Association
• Iurii Grygorenko, Lawyer, member of the Committee for the Protection of Advocates’ Rights and Advocacy at the Ukrainian National Bar Association
• Temur Shakirov, ICJ Senior Legal Adviser Europe and CIS Programme

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https://www.icj.org/side-event-defenceless-defenders-addressing-the-attacks-on-lawyers-in-azerbaijan-kazakhstan-and-ukraine/

#HRC38 | Side Event at UN Geneva on « Defenceless #defenders: addressing the attacks on #lawyers in #Azerbaijan, #Kazakhstan and #Ukraine » organised by the International Commission of Jurists and International Bar Association’s Human Rights Institute

(Red Internacional de Derechos Humanos 26/6/18)

ICJ: The case for drafting a European Convention on the Profession of Lawyer

June 19, 2018

The ICJ welcomes the proposal of the Parliamentary Assembly of the Council of Europe (PACE) in its Recommendation 2121(2018) calling for the development of a Council of Europe Convention on the Profession of Lawyer.

The ICJ believes that such a Convention could make an important contribution to strengthening the rule of law and the protection of human rights in the Council of Europe region, building on existing Council of Europe standards and jurisprudence of the European Court of Human Rights.

The ICJ particularly welcomes PACE’s call for an effective control mechanism to be put in place under a new Convention, as recent developments in a number of Council of Europe Member States show a significant gap in implementation of Council of Europe standards on the independence and security of lawyers.

Lawyers, along with judges and prosecutors, are one of the pillars on which protection of the rule of law and human rights through the justice system rests.

Recognizing this, the ICJ, since its foundation in 1952, has worked to protect lawyers under threat and to develop international standards for the independence, role and integrity of the profession.

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https://www.icj.org/the-case-for-drafting-a-european-convention-on-the-profession-of-lawyer/

http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-EN.asp?fileid=24466&lang=en

http://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/Events/20180124_Side_Event/EN_Why-a-European-Convention-on-the-profession-of-lawyer-is-needed.pdf

Azerbaijan/ICJ: Human Rights lawyers Asabali Mustafayev and Nemat Karimli must be allowed to practice their profession

May 7, 2018

The ICJ today denounced the decision of the Presidium of the Azerbaijan Bar Association, of 23 April 2018, to suspend the licences of two Azerbaijan human rights lawyers Asabali Mustafayev and Nemat Karimli (picture).

The ICJ called on the Presidium to reverse their decision and allow the lawyers to resume their practice.

It stressed that disciplinary proceedings pending against the lawyers should be immediately terminated.

The ICJ said that the decision of the Presidium was contrary to international standards on the role of lawyers including the right to freedom of expression as guaranteed under international law.

The ICJ understands that the proceedings against the two lawyers, initiated following a submission of the Deputy Prosecutor General, were related to the critical statements made by the lawyers in the media, regarding high profile criminal cases.

Nemat Karimli, had stated in media interviews that his client Afgan Mukhtarli, an opposition activist convicted on charges of smuggling, had been illegally and forcibly transferred from Georgia to Azerbaijan and that his life could be at risk if he was returned to Azerbaijan.

The lawyer also complained of excessive searches and being prevented from communicating in private while visiting his client in detention.

The disciplinary proceedings against Asabali Mustafayev relate to allegations he made on social media that the prosecution of politician Gozal Bayramli, on a charge of smuggling, was politically motivated.

Both lawyers were charged with spreading false statements and slanderous information about investigative authorities.

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https://www.icj.org/azerbaijan-human-rights-lawyers-asabali-mustafayev-and-nemat-karimli-must-be-allowed-to-practice-their-profession/

https://www.occrp.org/en/daily/7999-azerbaijan-journalist-mukhtarli-s-appeal-denied

https://www.meydan.tv/en/site/news/26173/

https://www.meydan.tv/en/site/society/26215/

Egypt/ICJ: immediately release Hisham Geneina, quash his conviction

April 25, 2018

The ICJ today called on the Egyptian authorities to quash the conviction of, and immediately release Hisham Geneina, a former judge and former head of the Central Auditing Authority in Egypt.

A Cairo military court convicted Geneina on Tuesday 24 April and sentenced him to five years in prison for “publishing false information harmful to the national security.”

The charges were related to a media interview in which Geneina criticized the interference of the Egyptian authorities in the election process and referred to the existence of documents that incriminate political and military leaders since 2011, including in cases of human rights violations.

The first hearing of the military trial took place on 18 April.

At the defense request, it was adjourned to 20 April so that the lawyers can have access the case file. The judgement was issued 4 days later.

“Genina’s detention, prosecution and conviction solely for peacefully and legitimately exercising his right to the freedom of expression is a testament to the length to which Egypt’s military and government would go to silence critical voices,” said Saïd Benarbia, ICJ MENA Director.

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https://www.icj.org/egypt-immediately-release-hisham-geneina-quash-his-conviction/

https://dailynewsegypt.com/2018/04/25/military-court-sentences-hisham-geneina-5-years-false-news-charges/

http://english.alarabiya.net/en/News/middle-east/2018/04/24/Egypt-former-anti-corruption-chief-Hisham-Geneina-gets-5-year-jail-term.html

https://u.aa.com.tr/en/middle-east/egypt-former-anti-graft-chief-jailed-for-false-news-/1126713

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