Tag Archives: Poland

Imprisoned Iranian lawyer distinguished by European Bars

23/09/22

Amirsalar Davoudi, an imprisoned Iranian lawyer, is the winner this year of the Ludovic-Trarieux International Human Rights Prize, awarded this Friday, September 23 in Bordeaux, we learned from the organization.

The Warsaw Bar is named for its part “bar of the year» by this jury made up of representatives of around ten European bar associations and lawyers’ associations.

Amirsalar Davoudi, who has acted as a lawyer for many human rights defenders before Iranian courts, and hosted a Telegram group for Iranian lawyers, was arrested at the end of 2018 for, in particular, insulting the Supreme Leader and propaganda against the ‘State. He was sentenced to a total of thirty years in prison and 111 lashes.

Released last June for irregularities, he was reincarcerated thirteen days later to serve a ten-year sentence in Evin prison in Tehran, where he is still. In 2018, the Ludovic-Trarieux prize had already gone to an Iranian lawyer, Nasrin Sotoudeh.

“Judicial Harassment”

By once again awarding the prize to an Iranian lawyer, hit by real judicial harassment and imprisoned for several years, the jury wanted to underline that the forces of democracy and human rights defenders were falling asleep in the face of the ever-renewed threat from Iran, and the fate reserved for its lawyers“, told AFP Me Bertrand Favreau, creator of the prize and president of the jury.

Amirsalar Davoudi is singled out as at least 17 people have been killed in recent days in Iran in protests sparked by the death of 22-year-old Mahsa Amini, arrested on September 13 in Tehran for “wearing inappropriate clothingby the morality police, responsible for enforcing the dress code of the Islamic Republic. The jury also awarded the prize for the bar of the year to that of Warsaw “for his defense of the independence of magistrates while the Polish government puts them under the yoke“.

[…]

https://www.frontlinedefenders.org/fr/profile/amirsalar-davoudi

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

http://www.ludovictrarieux.org/uk-index.htm

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

https://www.lorientlejour.com/article/1312507/un-avocat-iranien-emprisonne-distingue-par-les-barreaux-europeens.html (FRANCAIS)

https://www.lefigaro.fr/flash-actu/droits-humains-un-avocat-iranien-emprisonne-distingue-par-les-barreaux-europeens-20220923

https://www.mediapart.fr/journal/fil-dactualites/230922/droits-humains-un-avocat-iranien-emprisonne-prime-par-ses-pairs-europeens

https://www.sudouest.fr/societe/iran-un-avocat-emprisonne-distingue-par-un-prix-international-pour-les-droits-de-l-homme-12372697.php

https://fr.wikipedia.org/wiki/Prix_Ludovic-Trarieux

http://www.ludovictrarieux.org/fr-index.htm

https://www.hra-news.org/2022/hranews/a-36088/ (FARSI)

European Court of Human Rights: President Warsaw Bar v. Poland

31/08/22

https://privacyinternational.org/legal-action/pietrzak-and-others-v-poland

https://en.panoptykon.org/

Polish court sees no grounds to arrest prominent lawyer

29/04/22

A prominent Polish lawyer who has represented leading political opposition figures and was treated as a suspect in a politically sensitive case was cleared by a court on Friday.

In 2020, Giertych was detained by Polish authorities and his home was searched in a manner which a Polish court later considered to be unlawful and unjustified.

Prosecutors ordered his arrest, accusing him of laundering enormous sums of money from a publicly traded company, Polnord.

Giertych vehemently denies the claims, and accuses Poland’s ruling authorities of trying to ruin him politically.

The District Court in Lublin announced Friday that it was dismissing the prosecutor’s request for his arrest, upholding the decision of a lower court. The decision is final.

The court argued there were no grounds for his arrest, and said the prosecutor had failed to show evidence backing up its claims that Giertych was guilty of the alleged crimes.

Giertych welcomed the decision, saying he viewed it as an example of rule of law and independent judges “resisting populist assaults.”

According to reports in Polish media, prosecutors plan to keep investigating Giertych and view the judge who ruled in his case as biased against the country’s conservative ruling party, Law and Justice.

From 2006-2007, Giertych was a deputy prime minister and education minister in a conservative government led by Law and Justice. At the time he was the leader of a far-right party, the League of Polish Families, but has since allied himself politically with Tusk and other centrist politicians.

https://abcnews.go.com/International/wireStory/polish-court-sees-grounds-arrest-prominent-lawyer-84401946

https://newsbeezer.com/polandeng/roman-giertych-is-not-arrested-sd-there-is-no-foundation/

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

https://wydarzenia.interia.pl/kraj/news-roman-giertych-triumfuje-teraz-czas-na-sledztwo-w-sprawie-pr,nId,5992883 (POLSKA)

https://latribune.avocats.be/fr/roman-giertych (FRANCAIS)

https://fr.wikipedia.org/wiki/Roman_Giertych

Afghanistan: Taliban justice ministry takes lawyer licensing control from Afghanistan Bar Association

22/11/21

Afghanistan dispatches: Taliban justice ministry takes defense lawyer licensing control from Afghanistan bar association

Law students and lawyers in Afghanistan are filing reports with JURIST on the situation there after the Taliban takeover. Here, a Staff Correspondent for JURIST in Kabul offers his observations on a Taliban move to take direct regulatory control of defense lawyer licensing, shifting that from the country’s bar association. For privacy and security reasons, we are withholding our Correspondent’s name. The text has been only lightly edited to respect the author’s voice.

The Taliban have changed the regulatory authority of the defense lawyers from the Afghanistan Independent Bar Association to the Ministry of Justice.

The Ministry of Justice of the Taliban announced yesterday that all defense lawyers and those who had a license from the Afghanistan Independent Bar Association should come to the Ministry of Justice for obtaining a license. Affairs related to the defense and licensed lawyers used to be regulated by the “Advocate Law” in the country. The Advocate Law provides that the Afghanistan Independent Bar Association shall issue licenses for the applicants. In Afghanistan, those who graduated from law and sharia are eligible for a license.

According to the Advocate Law, obtaining a license in Afghanistan is subject to an exam like other countries.

The Ministry of Justice has warned licensed lawyers and those who are applying to obtain a license to come to this ministry for the license, otherwise they will not be able to work as a defense lawyer.

Bringing the defense lawyers under the structure of the Ministry of Justice means that the Taliban are looking to further regulate this area in the country. The Ministry of Justice have not provided any information whether or not the Advocate Law will be amended and/or the procedures for issuing the license will be changed.

The Ministry of Justice already have the Legal Aid Directorate under its structure and that is meant to provide legal assistance for the people who cannot afford hiring a lawyer to represent them before the courts. Adding a new department to regulate affairs related to the defense lawyers from the Bar Association, in my opinion, will decrease the donor funds and international assistance to this entity.

https://www.jurist.org/news/2021/11/afghanistan-dispatches-taliban-justice-ministry-takes-defense-lawyer-licensing-control-from-afghanistan-bar-association/

https://www.theneweuropean.co.uk/helena-kennedy-europe-schindlers-list-moment/

https://www.lawsoc-ni.org/joint-call-in-support-of-endangered-lawyers-in-afghanistan

https://www.independent.co.uk/news/greece-afghans-taliban-thessaloniki-afghanistan-b1962413.html

https://www.politico.eu/article/how-athens-became-the-unexpected-hub-for-afghan-women/

https://www.irishruleoflaw.ie/afghanistan_appeal

https://www.sbs.com.au/news/final-erasure-of-women-from-society-afghan-actor-slams-new-taliban-rules/67b42679-cd09-41a2-a9ce-e4dcc7f090b4?fbclid=IwAR3ZPhunqQN1Lc74Lih-hIZDvVB9KTmbPiOGkeVioQ35gQdr-yGbvtouAW8

Home

https://www.ibanet.org/Appeal-for-legal-assistance-for-Afghan-women-at-risk

Ireland/Afghanistan: Irish Justice Community Response to Afghan Crisis

20/11/21

afghan crisis

The Law Society is a proud founding partner of the Irish Justice Community Response to Afghan Crisis. We are joined in this collaborative initiative by our colleagues in the Judiciary, led by International Association of Women Judges (IAWJ) and the Association of Judges in Ireland (AJI), The Bar of Ireland, and Irish Rule of Law International (IRLI).

We are pleased to share that the Irish State has secured safe passage and protection for 11 Afghan female judges and their families arising from the dangers they would otherwise face by remaining in Afghanistan. Their arrival in Ireland is imminent.

Collective response

This initiative represents a unique demonstration of solidarity with our Afghan judicial and lawyer colleagues who have faced enormous challenges in recent months. As we know the position of female legal professionals in particular, judges and lawyers, is precarious under the Taliban regime.

The coalition of the above parties is inviting all members of the legal community to assist as part of a collaborative, justice sector-wide effort to support their safe transition to and settlement in Ireland. The Law Society is urging on members of the solicitors profession, those in a position to do so, to respond to this urgent call.

The best and most fitting model of support is one based on community sponsorship. This is where local colleagues assist in practical, social and professional ways to welcome and integrate those arriving, along with their families.

This model of support has proved successful elsewhere, and we believe is an effective way for the Irish legal community to lend its urgent support to our colleagues.

There are three ways that you can help:

[…]

https://www.lawsociety.ie/Solicitors/Representation/afghan-assistance

https://www.bbc.com/news/av/uk-59312656

https://www.theportugalnews.com/news/2021-11-17/portugal-welcomes-210-more-afghan-refugees/63601

https://www.jurist.org/news/2021/11/afghanistan-dispatches-continuing-uncertainty-for-education-under-the-taliban/

Poland: End harassment of Michał Romanowski

15/07/21

End harassment of Michał Romanowski

Lawyers for Lawyers, the Amsterdam Bar Association and the International Commission of Jurists (ICJ) call for an end to the harassment of Polish lawyer Michal Romanowski, in relation to his legitimate professional activities.

Michał Romanowski is a Polish attorney and professor of company law at the University of Warsaw representing Polish and European judges Paweł Juszczyszyn and Igor Tuleya. Judges Tuleya and Juszczyszyn are currently facing disciplinary and criminal proceedings for respectively questioning the Polish government’s reforms that have eroded the independence of Poland’s judiciary. We, the undersigned organizations, have been informed that as a result of his involvement in the cases of judges Juszczyszyn and Tuleya, Mr. Romanowski is currently facing legal actions.

On April 14 2021, the District Court of Bydgoszcz ruled that judge Juszczyszyn should be permitted to resume adjudicating cases immediately at the court where he is employed.  Mr. Romanowski notified the public prosecutor’s office that the President of the District Court in Olsztyn, Mr. Nawacki, unlawfully refuses to enforce the decision of the court in Bydgoszcz. Consequently, Mr. Romanowski has been accused of committing the crime of false accusation against Mr. Nawacki. The case is currently being investigated by the Internal Affairs Department of the National Prosecutor’s Office.

Furthermore, Mr. Nawacki has urged the Regional Council of Attorneys in Warsaw to initiate disciplinary proceedings against Mr. Romanowski for his request that the case of judge Juszczyszyn should not be adjudicated by the court in Olsztyn, due to the alleged lack of impartiality and a conflict of interests of Mr. Nawacki as the president of this court. The accusations against Mr. Romanowski are currently under investigation. Mr. Nawacki has also demanded that the authorities of the University of Warsaw will undertake disciplinary actions against Mr. Romanowski in his capacity as a professor at the University of Warsaw.

[…]

https://pl.wikipedia.org/wiki/Micha%C5%82_Romanowski (POLSKI)

Azerbaijan/France/Belgium/Germany etc: Qui pour défendre la défense ?

21/01/21

May be an image of 3 people and text that says "Journée internationale de l'avocat en danger 2021 AZERBAÄDJAN iqR ligR ème LE 25 JANVIER Venez suivre le WEBINAR sur la situation en Azerbaïdjan à 18h. CONSEILN DESBA RREAUX ESAVOCATS OBSERVATOIRE NTERNATIONA DES AVOCATS AVOCATS BARREAU FUREANLAWYER 2"

Le 24 janvier 2021, le Conseil national des barreaux s’associe à la 11e édition de la Journée internationale de l’avocat en danger, qui attirera l’attention sur la situation préoccupante des avocats azéris. Un combat qui s’inscrit dans un engagement plus large en faveur des confrères menacés à travers le monde.

Une journée internationale pour dénoncer la situation en Azerbaïdjan

Coalisant les principales organisations représentatives de la profession, la Journée internationale de l’avocat en danger a pour objectif de sensibiliser la société civile et les pouvoirs publics sur les dangers qui pèsent sur des milliers d’avocats partout dans le monde.

Après que de multiples cas de harcèlement des avocats, en violation du droit international et des normes internationales sur l’indépendance de la profession y aient été documentés, l’Observatoire International des Avocats en Danger (OIAD) attire l’attention sur l’Azerbaïdjan. À travers cette journée, c’est un barreau sous l’influence de l’exécutif et le harcèlement dont sont victimes certains avocats qui est dénoncé.

Dans le cadre de cette journée, les organisations représentatives de la profession d’avocat organisent une manifestation devant l’Ambassade d’Azerbaïdjan. Elle se tiendra à Paris, le lundi 25 janvier 2021, à 11h.

Rendez-vous sur le terre-plein rue Auguste Vacquerie angle rue Jean Giraudoux, à proximité immédiate de l’Ambassade d’Azerbaïdjan à Paris.

[…]

https://www.cnb.avocat.fr/fr/actualites/qui-pour-defendre-la-defense

https://www.lawsociety.org.uk/contact-or-visit-us/press-office/press-releases/fighting-for-justice-day-of-the-endangered-lawyer-2021 (ENGLISH)

http://www.publicnow.com/view/2B5ECF71B1D290A05B4CA264C4C716DC8D403B01

https://www.americanbar.org/news/abanews/aba-news-archives/2021/01/statement-of-aba-president-patricia-lee-refo-re–international-d/

https://en.armradio.am/2021/01/22/european-lawyers-rally-in-front-of-azerbaijani-embassy-in-brussels-denounce-aggression-against-artsakh/

https://www.ordineavvocatimilano.it/it/news/giornata-internazionale-dell-avvocato-in-pericolo-2021-eventi/p100-n878 (ITALIANO)

https://www.camerepenali.it/cat/10789/xi%C2%B0_giornata_internazionale_dellavvocato_minacciato_2021_focus_azerbaigian.html

https://oirp.olsztyn.pl/24-stycznia-obchodzony-bedzie-miedzynarodowy-dzien-zagrozonego-prawnika/ (POLSKI)

No description available.

Poland: Treatment of lawyer Roman Giertych undermines independence of legal profession

16/11/20

Detention of Roman Giertych. The lawyers 'defense attorneys directed their  complaints against the investigators' actions - Polish News

On 15 October 2020, Polish lawyer Roman Giertych was detained by the Central Anticorruption Bureau (CBA) on accusations of money laundering. His house and office were searched and prosecutors imposed preventive measures, including suspension of his right to practice law. Lawyers for Lawyers, the International Commission of Jurists and the Amsterdam Bar Association are concerned that the manner in which these measures were taken is inconsistent with international standards on the independence of the legal profession. A PDF version of the full statement can be found here.

Roman Giertych has worked on a series of high-profile cases against the governing Law and Justice party. He has also represented various prominent opposition figures, including Donald Tusk, the former Polish prime minister and head of the Civic Platform opposition party, and former president of the European Council. Mr. Giertych’s arrest happened one day before the scheduled detention hearing in another politically significant high-profile case, concerning Leszek Czarnecki, in which Roman Giertych was appointed as defence counsel.

According to the information available to Lawyers for Lawyers (L4L), the International Commission of Jurists (ICJ) and the Amsterdam Bar Association, Mr. Giertych was arrested merely to serve him with charges. He was not given a chance to appear voluntarily. On 22 October 2020, Mr Giertych’s defense lawyers filed four complaints with the court about the actions of the Poznań prosecutor’s office relating to his arrest and the search of his home and office.

Professional lawyers’ associations such as the National Council of Attorneys-at Law, the Association of Attorneys-At-Law “Defensor Iurius”, the Polish Bar Council and the Council of the Warsaw Bar Association of Advocates have expressed “great concern” about Mr. Giertych’s detention, the search of his house and office, and the preventive measures that were taken against Mr. Giertych.

Search of Mr. Giertych’s house and office: attorney-client privilege

Mr. Giertych was arrested by officers from the CBA outside a Warsaw court. According to the information available to L4L, the ICJ and the Amsterdam Bar Association, officers from the CBA conducted a search of Mr. Giertych’s house, after a search warrant was issued by the prosecutor. After his arrest, Mr. Giertych was brought to his house to participate in the search. The search of his house started before representatives of the Warsaw Bar Association could arrive, in breach of the procedures set out in the Polish Criminal Procedure Code and Advocates’ Code of Ethics[1]. Moreover, the searches of his house and office were apparently carried out simultaneously, making it impossible for Mr. Giertych to be present at both places at the same time, even though both locations contained materials covered by attorney-client privilege.

During the search in his home, Mr. Giertych fell unconscious on his bathroom floor and was rushed to the hospital. Consequently, he could no longer particpate in the house search. After being hospitalized and while still unconscious, the public prosecutor presented Mr. Giertych with charges.

[…]

https://www.ibanet.org/Article/NewDetail.aspx?ArticleUid=b18313a1-c6ad-4f6c-8191-a419b0ef3392

In Poland, judges have already been intimidated, now lawyers seem to turn

https://en.wikipedia.org/wiki/Roman_Giertych#:~:text=Roman%20Jacek%20Giertych%20(Polish%20pronunciation,of%20Education%20until%20August%202007.

Tajikistan: Jailed Tajik Lawyer Yorov Receives Human Rights Award In Warsaw

September 18, 2019

Buzurgmehr Yorov was sentenced to 28 years in prison.

Tajik lawyer Buzurgmehr Yorov has been awarded the Faiziniso Vohidova Human Rights Prize for his contribution to the development of democratic institutions and civil rights in Tajikistan.

The award is named after the late prominent Tajik lawyer, Faiziniso Vohidova, who for decades defended dissidents, rights activists, and opposition politicians.

The award, established by the Association of Central Asian Migrants in Europe, was handed to Yorov’s brother Jamshed Yorov in Warsaw at the Human Dimension Implementation Meeting of the Organization for Security and Cooperation in Europe, on September 18.

Speaking to RFE/RL after the ceremony, Jamshed Yorov noted the symbolism in his brother receiving the award named for Vohidova as “both had a role in protecting human rights and protecting the people.”

Yorov is among at least five human rights attorneys whom groups say have been targeted by Tajik authorities in connection with their work.

He was a lawyer for 13 jailed members and leaders of the Islamic Renaissance Party of Tajikistan, which President Emomali Rahmon’s government labeled a terrorist organization and outlawed in 2015.

In October 2016, Yorov was sentenced to 23 years in prison after a court convicted him of calling for the government’s overthrow and inciting social unrest.

Later, his prison term was extended to 28 years on additional charges.

https://www.rferl.org/a/jailed-tajik-lawyer-yorov-receives-human-rights-award-in-warsaw/30171279.html

https://www.timesca.com/index.php/news/21617-tajikistan-jailed-lawyer-receives-human-rights-award-in-warsaw

https://www.rferl.org/a/faiziniso-vohidova-tajik-lawyer-who-defended-dissidents-for-decades-dies-at-55/29691242.html

Buzurgmehr Yorov

‘Europe Recognises Balkan Anti-War Activism is Important’

Nasser Zefzafi Not on the Shortlist for the 2019 Vaclav Havel Prize

https://www.rferl.org/a/finally-a-defense-of-tajikistan-s-lawyers/30185435.html

In Tajikistan lawyers have to be human rights defenders

https://eurasianet.org/tajikistans-prison-system-claims-victims-and-makes-monsters

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

Crimea/Ukraine: Eighty political prisoners held in Crimea now — lawyer

September 18, 2019

Eighty political prisoners held in Crimea now — lawyer

The persecution of Crimean Tatars and pro-Ukrainian activists, as well as their relatives and lawyers who protect them, is ongoing in Crimea.

A corresponding statement was made during a side event “Persecution of Crimean Tatars’ Defenders in Crimea: Attacks on Lawyers, Journalists and Activists” at the OSCE Human Dimension Implementation Meeting in Warsaw, an Ukrinform correspondent reports.

Tamila Tasheva, the coordinator of CrimeaSOS organization, noted that pressure started to be put on Crimean Tatars and active Ukrainian population living on the peninsula after Crimea had been occupied. Thus, the activists and journalists began to leave Crimea and only representatives of the Mejlis of Crimean Tatar People stayed on their land. According to her, the activists, relatives of those persecuted and lawyers united in the Crimean Solidarity organization in 2016 but they also began to be oppressed by the occupying power of the Russian Federation.

“Over 80 political prisoners, including more than 60 Crimean Tatars, are held in Crimea now. They all are prosecuted under so-called ‘terrorism’ articles,” Crimean lawyer Emil Kurbedinov stressed.

Of course, these charges are completely trumped-up as the people are being persecuted for their active civic stance, for their views, Kurbedinov emphasized.

https://www.ukrinform.net/rubric-polytics/2782678-eighty-political-prisoners-held-in-crimea-now-lawyer.html

https://www.kyivpost.com/article/opinion/op-ed/halya-coynash-russia-treats-imprisoned-crimean-tatars-like-victims-of-the-1944-deportation.html

http://khpg.org/en/index.php?id=1544564886

http://www.civicsolidarity.org/article/1588/russian-authorities-crack-down-human-rights-activists-and-other-individuals-occupied

https://nbnews.com.ua/politika/2019/09/09/emil-kurbedinov-o-zakliuchennykh-krymskikh-tatarakh/ (UKRAINIAN)

https://qha.com.tr/haberler/avukat-kurbedinov-dan-kirim-tatar-siyasi-tutsaklari-ziyaret/81367/ (TURKCE)

https://qha.com.tr/haberler/avukat-emil-kurbedinov-dan-esir-degisimi-yorumu-soydaslarim-hala-mucadeleye-devam-ediyorlar/79328/ (TURKCE)