Today, January 24, marks the Day of the Endangered Lawyer. As a Canadian lawyer I want to draw attention to the challenges facing some members of the legal profession in Afghanistan. Since the Taliban government assumed power in the country more than a year ago, the risk of retaliation and danger have only increased for many lawyers and judges, particularly women, advocates say.
For Nasrin (whose name has been changed to protect her identity), leaving Afghanistan was the last resort.
She had spent decades developing pioneering legislation and policies as a judge and legal advocate. When the Taliban took over in August 2021, everything changed. Facing death threats, she ultimately left. “I didn’t have any choice,” she told me. “I left my country, my house.” Now she and other legal activists are warning about the ever-increasing risks that lawyers and judges in the country still face and the need for countries like Canada to step up their efforts to help at-risk Afghans.
“If a woman wants to be a leader, like head of a court … it’s a very big position, but it is very dangerous,” Nasrin says.
Judges like Nasrin, as well as prosecutors, have been threatened with reprisals from the people they tried and the Taliban themselves. She is in contact with colleagues in the legal profession who remain in Afghanistan, and says the situation is worse than a year ago, as lawyers and judges fear for their safety.
“The first line is judges, the second line is defence lawyers and prosecutors … they are searching to find them,” she says.
The development of the Afghanistan Independent Bar Association (AIBA) in 2008 was part of a broader effort to build a non-governmental body that would regulate the legal profession and provide resources to support lawyers and access to legal services. But in November 2021, it was dismantled by armed Taliban soldiers and the Ministry of Justice gained possession of the AIBA’s database, containing contact information of members. The organization is now relaunching itself in exile, from Brussels.
Tebasum Durrani: Afghan lawyers and judges in danger https://t.co/V4ytnXk9NG "the IBA’s Human Rights Institute says that the unique risks for women lawyers and judges predated the Taliban’s takeover, but weren’t factored in properly into many initial evacuation efforts in 2021." pic.twitter.com/IlHkyrfaV4
A l’occasion de la journée internationale des avocats en danger, @GavaudanJ et @raana_habibi adressent un message en soutien aux confrères menacés dans l'exercice de leur fonction.
En el #DíaInternacionalDelAbogadoEnPeligro, la @ICJ_org, a través de su Centro para la Independencia de Jueces y Abogados (CIJL), llama a todos los Estados a respetar, proteger y garantizar la independencia de la profesión jurídica y proteger a las y los abogados en peligro. pic.twitter.com/rz8VFHWeHS
On International Day of the Endangered Lawyer, we stand with Afghan judges, lawyers & prosecutors whose life’s work promoting the rule of law was erased overnight by the Taliban. Courts have been dissolved, judges ousted, prosecutors sidelined & lawyers threatened. 1/2
— U.S. Special Envoy Rina Amiri (@SE_AfghanWGH) January 24, 2023
In Afghanistan, women made up 1/4 of the legal profession. On International Day of the Endangered Lawyer, the US denounces the Taliban’s restrictions on the ability of women & girls to exercise their fundamental freedoms.
#DayoftheEndangeredLawyer die #Afghanistan Petition wurde in Berlin vom Pförtner entgegengenommen. Sorry, von (m)einer grünen Außenministerin erwarte ich, dass zumindest sich eine Staatssekretär*in drei Minuten Zeit nimmt. Werde diesen Affront bei Gelegenheit ansprechen müssen. pic.twitter.com/O6fkSTbhYF
— ABA Justice Defenders Program (@JusticeDefend) January 24, 2023
President @lubnashuja on Day of the Endangered Lawyer today 24 Jan, this year focuses on Afghanistan
"We honour the courage and commitment of lawyers around the world who continue to do their job and fight for justice – despite the considerable risk to them and their loved ones" pic.twitter.com/l34qPxs2gj
The CBA calls on governments around the world to uphold the Basic Principles on the Role of Lawyers, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1990.#DayofTheEndangeredLawyer
Today is the International Day of the Endangered Lawyer, with this year’s focus being put on endangered lawyers in Afghanistan. We stand in solidarity with our Afghan colleagues and encourage you to read our quick explainer guide as to why this day is so important. (1/2) pic.twitter.com/E1DDb91Ka1
— Socialist Lawyers’ Association of Ireland (@SocialistLawIre) January 24, 2023
#DayoftheEndangeredLawyer Aujourd’hui, il n’y a plus d’avocats en Afghanistan. Il n’y a plus de barreau en Afghanistan… plusieurs avocats ont été tués sans que l’on puisse en connaître le nombre exact, plus d’une centaine d’avocats emprisonnés…et la liste n'est pas close… pic.twitter.com/dyl8atAreo
#DayoftheEndangeredLawyer Aujourd’hui, il n’y a plus d’avocats en Afghanistan. Il n’y a plus de barreau en Afghanistan. …plusieurs avocats ont été tués sans que l’on puisse en connaître le nombre exact, plus d’une centaine d’avocats emprisonnés…et la liste n'est pas close… pic.twitter.com/Dz1gO48jGn
Unser Protest vor dem AA: Es geht um die Verfolgung der Rechtsanwält*innen in Afghanistan. Die Bundesregierung muss schnellstmöglich u. unbürokratisch dafür sorgen, dass die Kolleg*innen nach D einreisen und hier einen Aufenthalt bekommen können! #DayoftheEndangeredLawyerpic.twitter.com/Njl6uQ8rOJ
🔵Día del abogado en peligro | Resaltamos la labor las personas que defienden #DDHH a través de la profesión legal. Abogada/os defensoras/es de #DDHH enfrentan riesgos como amenazas y ataques que buscan inhibir su trabajo o silenciar abusos que denuncian #DayoftheEndangeredLawyerpic.twitter.com/LsPLSmvsS4
The Basic Principles on the Role of Lawyers stresses that States have the duty to ensure that lawyers carry out all their professional functions without intimidation, obstacles, harassment, or undue interference. #DayoftheEndangeredLawyerpic.twitter.com/Lij3zpYoR9
Oggi ricorre la Giornata internazionale dell'avvocato minacciato #DayoftheEndangeredLawyer, quest'anno dedicata ad avvocate/i afgane/i. Non sarà possibile, come in genere facciamo, organizzare un presidio in toga dinanzi l'ambasciata dell'Afganistan, di fatto un guscio vuoto. 1/ pic.twitter.com/OYpx2r7kPw
Afghanistan : JOURNÉE DE L'AVOCAT EN DANGER – 24 janvier 2023 La FBE soutient tous ceux qui sont en danger en Afghanistan. Depuis la prise de Kaboul par les talibans en 2021, la situation des avocats, juges et procureurs en Afghanistan s'est aggravée. pic.twitter.com/4OmJ2EI7U9
— NEGAR, soutien aux femmes d'Afghanistan (@NegarAfgWomen) January 24, 2023
According to the United Nations Human Rights Council, the situation is so desperate for #AfghanWomen that they are committing suicide at a rate of one or two a day.
Hier, c'était la Journée de l'Avocat en Danger. La situation en #Afghanistan a été retenue pour l'édition 2023. ASF France fait partie des dizaines d'organisations signataires du rapport sur l'Avocat en Danger en Afghanistan. Voici le lien pour y accéder: https://t.co/3Ym2QmV4ZZpic.twitter.com/WDdVpiK46o
// JOURNÉE DE L'AVOCAT EN DANGER // Un grand merci aux Bâtonniers @AbderrazakKila1 KILANI et @chawkitabib de leur présence à Grenoble pour des échanges intéressants au sujet des droits de la défense, en Tunisie. pic.twitter.com/gDYz54ZnPP
— Union des Jeunes Avocats GRENOBLE (@UJAGrenoble) January 25, 2023
Our colleagues at @chr_aba & the Coalition for the Endangered Lawyer—a network of national + international organizations, & bar associations—pause to recognize the International Day of the Endangered Lawyer.
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.
In commemoration of the International #DayoftheEndangeredLawyer, which focuses on #Afghanistan this year, a Kabul-based lawyer explains how individual lawyers and the legal profession have become obsolete and even endangered under Taliban rule..https://t.co/IV3i26dfni
En cette journée mondiale de l’avocat en danger, Me Raana Habibi, avocate afghane réfugiée à Bordeaux, a raconté ce midi aux avocats nantais le retour des talibans, l’exercice de la profession et sa vie en France depuis plusieurs mois pic.twitter.com/mAtu4A3oqD
La Giornata degli #avvocati in pericolo ricorre il #24gennaio di ogni anno per ricordare il massacro di Atocha, a Madrid, del 24 gennaio 1977, in cui furono uccisi 5 avvocati esperti di diritto del lavoro. L'Osservatorio @ProtectLawyers dedica il 2023 all’#Afghanistan. pic.twitter.com/hkPPw1UVU6
Join us in recognizing & supporting members of the legal profession in Afghanistan, and others around the world, who remain resilient in upholding the rule of law and promoting human rights in the face of adversity. ➡️https://t.co/NImfWRAvTApic.twitter.com/jvykZMGfZO
On 24 Jan, the #DayoftheEndangeredLawyer, the #Afghanistan Independent Bar Association (AIBA) in exile launched in Brussels. The reestablishment of the Bar, in the wake of the Taliban's resurgence in 2021, is the initiative of IBA Executive Director Dr @MarkEllisIBA. He remarked: pic.twitter.com/dmUF6uAFmO
🇦🇫⚖️Journée Mondiale de l’Avocat en danger. Depuis le retour des talibans, on déplore 12 assassinats et 171 arrestations d'avocats en Afghanistan. Le Barreau de Toulouse se joint au mouvement initié par @ProtectLawyers pour qu'on ne les oublie pas.@ASFFrancepic.twitter.com/hz1vYFUgEO
Trainees solicitors: To mark the 2023 Day of the Endangered Lawyer, the Human Rights Committee of The Bar of Ireland invite you to a discussion with Afghan Judicial colleagues, who have relocated to Ireland. Register here: https://t.co/aRO56JWxd3pic.twitter.com/qwg3Ox8e0Q
Each year the International Day of the Endangered Lawyer draws attention to the plight of lawyers in a particular focus country and to raise awareness about the threats the lawyers in that country face in the exercise of their profession. Read more: https://t.co/UZeUP6I8RA
Four lawyers & a coworker were murdered in Madrid (the “Massacre of Atocha”) during the transition after Francisco Franco’s death, which inspired the International Day of the Endangered Lawyer. (1977) pic.twitter.com/fS03YaS44k
— The Center for American and International Law (@CAIL_LAW) January 24, 2023
'The IBA always stands in solidarity with colleagues in Afghanistan, but today, as we mark the 2023 Day of the Endangered Lawyer, thoughts are laser-focused on the country’s judges, particularly female judges, and lawyers facing harassment and intimidation and/or being… 1/4
‘On this Day of the Endangered Lawyer, the IBA is proud to be the initiator organisation of the Afghanistan Independent Bar Association (AIBA) in exile as well as the original AIBA established in 2008. Today, with the opening of a physical office in Brussels made possible… 1/3
A l’occasion de la journée internationale des avocats en danger, @GavaudanJ et @raana_habibi adressent un message en soutien aux confrères menacés dans l'exercice de leur fonction.
#DayoftheEndangeredLawyer Aujourd’hui, il n’y a plus d’avocats en Afghanistan. Il n’y a plus de barreau en Afghanistan. …plusieurs avocats ont été tués sans que l’on puisse en connaître le nombre exact, plus d’une centaine d’avocats emprisonnés…et la liste n'est pas close… pic.twitter.com/Dz1gO48jGn
The 24th of January marks the annual International Day of the Endangered Lawyer. On 24 January 1977, 4 lawyers and a co-worker were murdered in Madrid. Since 2010, this date is remembered as The Day of the Endangered Lawyer with the purpose of increasing awareness about lawyers across the globe who are being harassed, silenced, pressured, threatened, persecuted and tortured because of their profession.
The 2023 edition aims to shed some light on the challenges faced by lawyers in Afghanistan.
The fall of the Taliban regime in November 2001 prompted the reconstruction, reform and modernisation of the war-torn Afghan judicial system and the legal profession. In 2008, the Afghanistan Independent Bar Association (“AIBA”) was established. The AIBA administered the licensing and regulation of lawyers, promoted excellence and equal opportunity in the legal profession, trained future lawyers, and advanced the rule of law and social justice.
When the Afghan government fell in August 2021, two decades of progress were erased and the country’s judicial system collapsed. In November 2021, the Taliban’s Ministry of Justice issued a decree depriving the AIBA of its independence and its authority to grant licences to lawyers. Taliban forces started targeting lawyers who had previously worked on “sensitive” cases (e.g., cases involving the defence of human rights, including women’s rights, and other similar matters).
According to the AIBA, 7 lawyers have been killed since the dissolution of AIBA and 146 lawyers have been arrested or investigated.
Tomorrow I have the pleasure of joining other speakers at @ABAInternatl's important program on Afghan Lawyers & Judges: The Stark Realities – Then & Now.
#DayoftheEndangeredLawyer#Afghanistan La nouvelle Rapporteuse spéciale des Nations Unies sur l'indépendance des juges et des avocats exprime sa vive inquiétude pour les juges et #avocats afghans, en particulier les femmes et demande le soutien de la communauté internationale. https://t.co/r1omUuhylM
The Afghanistan Independent bar Association (AIBA) is proud to continue its activities In Exile. For this purpose, the opening Ceremony of AIBA in Exile will be held on January 24 in Brussels Belgium . pic.twitter.com/ud6gAzTF2B
— Afghanistan Rights Watch دیده بان حقوق افغانستان (@AfghanistanRW) January 23, 2023
— Stálé zastoupení ČAK v Bruselu (@CAK_vBruselu) January 23, 2023
Domani 24 gennaio alle 17:30 presso l'Ordine degli Avvocati di Brescia per un incontro aperto alla cittadinanza per fare luce sulla situazione in Turchia in occasione della Giornata internazionale dell’avvocato in pericolo.
24 OCAK TEHLİKEDEKİ AVUKATLAR GÜNÜ BASIN AÇIKLAMAMIZA ÇAĞRIMIZDIR
Bu yıl, ölüm, işkence, tutsaklık ve açlıkla karşı karşıya olan Afganistanlı meslektaşlarımıza ithaf edilen günde meslektaşlarımızla dayanışmak için saat 12.30’da Çağlayan Adliyesinde olacağız. pic.twitter.com/UobIs4MTuE
24 Ocak Tehlikedeki Avukatlar Günü bu yıl Afganistanlı meslektaşlarımıza ithaf edilmiştir. Mesleğimize yönelik saldırılar ve Afganistan’daki meslektaşlarımıza destek için yapacağımız basın açıklamasına meslektaşlarımızı bekliyoruz. 📌24.01.2023 SALI 🕙 12.00 SIHHİYE ADLİYESİ ÖNÜ pic.twitter.com/iRyWOOAepm
Lawyers in Afghanistan – especially women – are risking their lives in efforts to protect the rule of law, they said ahead of the International Day of the Endangered Lawyer, marked on 24 January. #DontForgetAfghanWomen#AfghanWomenpic.twitter.com/7QdMldRp95
https://t.co/WMtF2qoixy L'effondrement de l'État de droit et de l'indépendance judiciaire en Afghanistan est une catastrophe pour les droits de l'homme, ont averti des experts de l'ONU vendredi, à l’occasion de la Journée internationale de l'avocat en danger, célébrée le 24/01 pic.twitter.com/uFOeqbBHmt
— NEGAR, soutien aux femmes d'Afghanistan (@NegarAfgWomen) January 20, 2023
“Lawyers, judges, prosecutors, and other actors involved with the legal system in Afghanistan face grave risks to their safety, and those still practicing must navigate a deeply challenging, non-independent legal system,” the experts said in a statement.https://t.co/l3AJMAuzSU
In a report published today, Rechard Bennett @Sr_afghanistan and Margaret Satterthwaite @SRjudgeslawyers two UN special Rapporteur say: that lawyers, judges, prosecutors and other people involved in Afghanistan's legal system pic.twitter.com/GAB0sy1JTO
Richard Bennett, the UN Special Rapporteur for Afghanistan, said the lives of women lawyers in Afghanistan are under threat. Bennett added, these women's efforts have been destroyed and their daily routines have been disrupted. pic.twitter.com/n6wjIQfgtP
Joint media statement by Special Rapporteur on the independence of judges and lawyers and the Special Rapporteur on the situation of human rights in Afghanistan. Collapse of legal system in Afghanistan is a human rights catastrophe: UN experts GENEVA (20 January 2023) https://t.co/AyXKyxFDXv
— Mary Lawlor UN Special Rapporteur HRDs (@MaryLawlorhrds) January 22, 2023
ICJ condemns the brutal killing of courageous #humanrights lawyer and activist #ThulaniMaseko – an esteemed colleague and friend to many. Our deepest condolences to his family and friends.
— International Commission of Jurists – Africa (@ICJ_Africa) January 22, 2023
Thulani Maseko # hrd was murdered last night. @tsunga_arnold From prison he wrote “ We are not broken because these our mentors, tell us that if some ideals are worth living for, then they are equally worth sacrificing for, and if need be, are worth dying for.” RIP pic.twitter.com/tpR0xJ9Ufi
— Mary Lawlor UN Special Rapporteur HRDs (@MaryLawlorhrds) January 22, 2023
I am extremely disturbed by reports that prominent Eswatini human rights lawyer Thulani Maseko was killed today at his home. A thorough investigation must be undertaken.
#Eswatini I am saddened by the murder of prominent activist Thulani Maseko. I strongly condemn this act. I call on Government to ensure a prompt, independent and thorough investigation into his murder &provide justice to his family. pic.twitter.com/FBsaegEoE2
— UN Special Rapporteur Freedom of Association (@cvoule) January 22, 2023
The killing of Thulani Maseko, a brave human rights lawyer and friend, in #eswatini, demands justice, coming soon after king threatened violence against those who demanded democracy. We @ICJ_org are with Thulani’s family and friends in our grief and demand for accountability. https://t.co/S0V8T4Qzwj
Attention must be paid. Thulani Maseko has been assassinated. This video link from @OsloFF provides a sense of what this dignified, inspiring human was like. Thulani had an indomitable spirit. He died undefeated by the dictatorship. https://t.co/2XSIcWspnDhttps://t.co/tVTgtKFfaZ
Awful news from #Eswatini#Swaziland@HRF grantee and @OsloFF speaker, human rights lawyer Thulani Maseko, was ASSASSINATED at his home tonight. Gunshot. He led the @crisis_forum, and was former political prisoner of the dictator-king. Thulani was a beloved man full of positivity pic.twitter.com/CIyO6uPpj8
The 24th of January has been designated as the annual International Day of the Endangered Lawyer in memory of the “Massacre of Atocha” occurred this day in 1977 when four lawyers and a co-worker were murdered and four others were heavily injured at their address at Calle Atocha 55 in Madrid.
The purpose of this International Day is to draw the attention of government officials, international institutions, civil society, the media and the general public to the plight of lawyers in a particular focus country, to raise awareness about the threats the lawyers in that country face in the exercise of their profession.
This year, the International Day of the Endangered Lawyer focuses on Afghanistan.
The Coalition for the Day of the Endangered Lawyer has prepared a report about the justice system in Afghanistan, describing the extremely dire situation confronting Afghan lawyers today.
The European Young Bar Associations, as part of the Coalition, strongly supports the recommendations provided in the Report addressed to the de facto authorities in Afghanistan, the international community, the European Union and its Member States, in order to improve the situation of Afghan lawyers in Afghanistan and elsewhere around the world.
In addition to the limitations on fundamental human rights and reprisals against lawyers, judges and prosecutors that should be condemned, as an association representing young lawyers, the EYBA express its concern especially for the limitations to education and access to the legal profession imposed by the Taliban’s Ministry of Justice which affect the new generations, more than others.
“Injustice anywhere is a threat to justice everywhere” (M.L.K).
"States & other actors long involved in efforts to improve access to justice & strengthen the rule of law now have a special responsibility to
support those indiv's who face hardship, exclusion, & risks to their safety as a
result of their work" 👉https://t.co/AEQJvXAgTT
— UN Special Rapporteur Richard Bennett (@SR_Afghanistan) January 20, 2023
24 January 2023 is the International Day of the Endangered Lawyer. Together with @SRjudgeslawyers4 read our statement here:
"Not only are women lawyers in danger and their livelihoods upended, but the valuable services they provided—especially for other women—have been largely wiped out."
https://t.co/WMtF2qoixy L'effondrement de l'État de droit et de l'indépendance judiciaire en Afghanistan est une catastrophe pour les droits de l'homme, ont averti des experts de l'ONU vendredi, à l’occasion de la Journée internationale de l'avocat en danger, célébrée le 24/01 pic.twitter.com/uFOeqbBHmt
— NEGAR, soutien aux femmes d'Afghanistan (@NegarAfgWomen) January 20, 2023
Joint media statement by Special Rapporteur on the independence of judges and lawyers and the Special Rapporteur on the situation of human rights in Afghanistan. Collapse of legal system in Afghanistan is a human rights catastrophe: UN experts GENEVA (20 January 2023) pic.twitter.com/9jO41ZmUp6
Pour la journée de l'avocat menacé, un colloque à Montpellier sur la situation des avocats afghans, du barreau et du système judiciaire en Afghanistan ainsi que la responsabilité des autres États face aux appels à l'aide lancés par les avocats afghans. https://t.co/ZWC38kYHLZ
@ProtectLawyers Rohullah Qarizada ancien Bâtonnier d Afghanistan 🇦🇫 il faut que les organisations internationales d avocats se coordonnent avec nous pour faire sortir les avocat.e.s en danger en Afghanistan . Il y a trop d initiatives individuelles ✊ pic.twitter.com/SAYyY1GCh4
24 janvier: journée de l'Avocat en Danger. A 18h, inauguration de l'exposition Visages de la Liberté. On vous y attend! Nous vous présenterons cette 2ème édition, avec @barreaunantes@CNBarreaux@UnionIntAvocats . Et cette expo peut être reprise par tous les barreaux! pic.twitter.com/OdEH1ZTxQm
Afghanistan International has obtained dozens of documents that show that the Pakistani embassy has rejected visa applications of Afghan citizens.
These Afghan citizens have been waiting for months after filing a visa application with the Pakistani embassy in Kabul. pic.twitter.com/KaxWk2A3gx
— Afghanistan International English (@AFIntl_En) January 21, 2023
#Afghanistan 🇦🇫 Lawyers, in particular women lawyers are in serious danger. The CCBE urges the de facto authorities to reinstate the Afghanistan Independent Bar Association and allow all #lawyers to practise law freely and without fear of persecution. ➡️https://t.co/g0qEWEo5Djpic.twitter.com/YlEF1soFxp
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.’
The #Taliban’s return to Sharia law and attacks on women’s rights have rightly drawn the world’s attention. However, there are growing calls to ensure that Afghan men, including those working in the legal profession, are also safe from harm.https://t.co/Vc17Ngl0UN#Afghanistan
To mark the International Day of the Endangered Lawyer on 1/24, I've joined @SR_Afghanistan in expressing our grave concern for #Afghan judges & lawyers, especially women. The international community can and must do much more to support them.
— UN Special Rapporteur Richard Bennett (@SR_Afghanistan) January 20, 2023
"Not only are women lawyers in danger and their livelihoods upended, but the valuable services they provided—especially for other women—have been largely wiped out."
Important new @ILAC_rebuild report on access to justice in #Afghanistan today, and the immense challenges #Afghan lawyers must reckon with in order to advance rights. Based on in-depth interviews with attorneys in 20 provinces. https://t.co/XHUemkWe0Q
Important report published by our partner @ILAC_rebuild and written by our former executive director Christopher Lehmann. It provides detailed insight into the courts functioning in Afghanistan and the role of Afghan lawyers in advancing individual rights. https://t.co/q2RAQFnsIV
L’#IDH, le #SAF, l’Ordre des #Avocats de Montpellier… vous invitent à la 8èmes rencontres autour de la journée de l’AVOCAT MENACÉ, le vendredi 27 janvier 2023 à la maison des avocats de #Montpellier, a 9:00. Entrée libre pic.twitter.com/Qr9C3CJkWp
In a letter to United Nations Security Council and other organisations, several Afghan lawyers urged for targeted sanctions against Taliban leaders.
They have said that the Taliban’s recent decisions are leading Afghanistan to a dark era and the world must act to counter them. pic.twitter.com/nLUJY9iqsT
— Afghanistan International English (@AFIntl_En) January 14, 2023
Media reports indicate that the Taliban have asked village elders and lawyers in Kabul and several northern provinces to create lists of those who worked with the former Afghan Army or who supported foreigners prior to the Taliban’s takeover of the country https://t.co/d2HIFo36kD
A complaint to hold the Philippine government accountable for the attacks and killings of lawyers, prosecutors and judges has been filed before the United Nations (UN).
The complaint was filed by the National Union of Peoples’ Lawyers (NUPL) before the office of UN’s Special Rapporteur on the Independence of Lawyers and Judges Margaret Satterthwaite in Geneva, Switzerland.
NUPL is a member of the of the Philippine Universal Periodic Review (UPR) Watch.
Incidentally, Justice Secretary Jesus Crispin C. Remulla will leave for Geneva on Friday, Nov. 11, to lead the Philippine delegation for the 4th Cycle of the UPR of the Philippines, a preview mechanism of the UN Human Rights Council (UNHRC).
The UPR is “a unique process which involves a review of the human rights records of all UN Member States.”
In its complaint, the NUPL cited that it has “recorded 86 killings of lawyers, judges and prosecutors among a total of 262 work-related attacks in the past 15 years.”
“Five of the victims of killings were NUPL members whose clients include indigenous peoples, peasants, farmers, workers, environment advocates, political prisoners and human rights defenders,” it said.
Angelo Karlo Guillen from Philippines spoke about violent cycle of reprisals his lawyer colleagues are subject to for providing legal support to families/individuals whose rights are abused by the state/are killed extrajudicially. At @FrontLineHRD 's #DublinPlatform. pic.twitter.com/kTHTkGLRF7
Le Barreau de Rabat a suspendu l’avocat Mohamed El Haini de ses fonctions pour une durée de 3 ans, lors d’un conseil de discipline tenu mardi 18 octobre 2022.
Cette décision a été prise pour des “raisons disciplinaires”, “suite à des accusations de propos violents et insultants contre un bâtonnier du barreau de Rabat et son Conseil”.
Réagissant à cet arrêt, l’Association de Défense des Droits de l’Homme a affirmé, dans un communiqué, qu’”elle a été étonnée par une telle décision prise par une ancienne entité connue par son militantisme de défendre les droits de l’Homme, de la liberté d’expression et de la profession de l’avocat, considérée comme une véritable école de droit au fil des générations”.
L’association a rassuré, dans le même communiqué, tous ses membres et a indiqué qu’”elle entend contester cette décision auprès de la Cour d’appel de Rabat et que le différend sera résolu sur la base de la sagesse, de la patience et de la loi”.
Réunissant un collectif d'avocats,l'Association de Défense des #DroitsdeLHomme se porte partie civile dans l'affaire de #viol présumé dont est accusé le journaliste Omar #Radi. L'ONG basée à #Tetouan ajoute que la plaignante, HB, sera défendue par maître Mohamed El Haini. pic.twitter.com/caJgDYynh0
Toutes mes félicitations à notre cher ami l'ancien juge mohamed el haini ayant prêter serment pour exercer le métier d'avocat aux barreaux de tetouan. Bonne chance si mohamed. pic.twitter.com/v6SE4r4HOu
La cour de cassation marocaine autorise l'ancien juge mohamed El haini d'exercer le métier d'avocat aux barreaux de Tétouan. pic.twitter.com/0tlQ9wF998
Tunisia is preparing for a constitutional referendum set to take place on July 25, 2022, exactly one year after the country’s President Kais Saied set the country on an alarming trajectory. This explainer unpacks how Saied has spent the last year dismantling the independence of the judicial and legislative branches and expanding his executive authority, and details how he threatens to make permanent these steps in a new constitution.
One year of Saied’s ‘state of exception’
On July 25, 2021, Saied dismissed Prime Minister Hichem Mechichi, suspended the activities of the Assembly of the Representatives, and lifted parliamentary immunity; on July 29, he issued Presidential Decree No. 2021-80 to formalize these steps. Thereafter, he stated that he would head the executive branch alongside a new prime minister, who was eventually announced to be Najla Bouden.
On September 22, 2021, Saied declared that he would rule by decree virtue of Presidential Decree No. 2021-117 which suspended major constitutional articles and reaffirmed the previously-announced measures subverting parliamentary privileges. This step gave the president the right to rule by decree over various areas including the judiciary, the military, civil society associations, and political parties while exempting him from judicial review. Since then, Saied’s legislative and executive powers have continued to grow exponentially in the face of undermined oversight mechanisms.
These developments occurred as Saied planted the seeds for a “new political roadmap” that was rooted in a national narrative of fighting corruption and conspiracy, and holding “traitors” to account. As he did so, he declared that the 2014 constitution would no longer be valid and that the new roadmap would be based on “legal solutions” grounded in “the will and sovereignty of the Tunisian people.”
One of the steps to translate Saied’s vision into reality became the National Consultation Process, which took place between January 1 and March 20, 2022 and served as a stepping stone for the political and electoral reforms that were to come. The consultation proposed a series of questions, with specific pre-drafted answers regarding electoral, political, economic, educational, and social issues for eligible Tunisians to select from. Despite the fact that the consultation engaged only 508,000 participants, Saied declared the process a success and proceeded with his plan to implement its alleged input into next steps. Observers and experts critiqued the consultation for its low participation and methodology which resulted in unequal representation, particularly with regards to gender and region. Head of the Tunisian General Labor Union (UGTT) Noureddine Taboubi condemned the failure to inclusively involve national actors from the beginning of the consultation. In its latest urgent opinion, the Venice Commission, an advisory body of the Council of Europe that is composed of constitutional law experts, found fault in the president’s roadmap more generally and cast doubt over the possibility of arriving at a “constitutional synthesis” with a consultation that “ did not give rise to widespread popular support, as participation remained very little.”
In a step that further ate away at checks and balances more generally, on February 12, 2022, Saied dissolved the Higher Judicial Council (HJC) via Decree No. 2022-11. The HJC had been promulgated in the 2014 constitution and was the highest judicial oversight body in the state. Saied’s decree replaced the HJC with a Provisional High Judicial Council, retaining the same composition of the HJC, though altering the number of judges and the appointment process, and empowering the president to act as a disciplinary power and request removal of members. These changes tightened the executive branch’s control over the judiciary and expanded the president’s powers and influence. Months later, Saied would amend Decree No. 2022-11 with Decree No. 2022-35 on June 1, 2022, giving him the power to dismiss judges if they harmed the independence or the integrity of the judiciary; the amendments paved the way for the sacking of 57 judges, per Presidential Order No. 315-2022.
[…]
Key takeaways from the constitution
Consistent with the unilateral approach that Saied has taken in setting forward the political roadmap and constitutional drafting process detailed above, the latest version of the draft constitution that Tunisians are set to vote on incorporates Saied’s narrative into the preamble. It claims that July 25, 2021 was a “correction of the Revolution’s path and that of history,” and that it will enable the country to move into a “new phase in history”—an expression Saied has used multiple times in his remarks and rhetoric. The preamble refers to the national consultation process and inflates its legitimacy, stating that “hundreds of thousands of citizens” participated.
Most significantly, Saied’s draft constitution seeks to create what has been described as a “hyper-presidentialist” system, where the president has extensive executive and legislative authorities, with little checks over them. The draft grants the president executive powers found in presidential systems, while also affording him legislative powers typically enjoyed by the head of government in parliamentary systems. While Tunisia’s 2014 constitution distributed these powers between the head of government and the president in a hybrid presidential-parliamentary system, Saied’s draft seeks to concentrate them, not only making the president the most consequential actor in policymaking, but also making him omnipotent, in a manner similar to the 1959 constitution.
Saied’s draft eliminates parliament’s ability to vote to impeach the president prior to adjudication by the Constitutional Court, as had been set forth by the 2014 constitution. Moreover, while the government had previously been accountable to parliament under the 2014 constitution, this draft makes the government accountable to the president, who will also enjoy the authority to appoint and dismiss the head of government and other government ministers. The new draft keeps the infamous Article 80 of the 2014 constitution—which Saied relied on to declare emergency measures under a state of exception. However, the provision is now found in the form of Article 96, which eliminates the temporal deadline to lift these emergency measures and the Constitutional Court’s ability to rule on the validity of said-measures. In eliminating these safeguards, Saied makes the provision identical to Article 46 of the 1959 constitution and further expands the president’s authorities
Also similar to the 1959 constitution, Article 116 of the new draft stipulates that in case of a second vote of no-confidence against the government, the president has the right to accept the government’s resignation or dissolve one or both chambers of parliament. Although parliament in theory can still pass a vote of no-confidence against the government—albeit with difficulty as it requires a two-third majority of both chambers—its oversight power has been further constrained alongside the president’s expanded authority.
In the new draft constitution, the president enjoys expansive legislative powers at the expense of a severely-weakened parliament. He has the authority to suggest draft bills, as well as the authority to issue decrees that enjoy the force of law during parliamentary recess periods or when parliament is dissolved. The draft stipulates that the president can also call for legislative and constitutional referendums without prior parliamentary approval. On the flip side, while parliament does enjoy the authority to draw up bills that are supported by a minimum of 10 MPs, it cannot pass legislation that touches on the president’s administrative powers or on financial issues. Important to note that until a sitting parliament is elected, Saied will continue to enjoy the legislative power that he has been exercising vigorously.
While the new constitution establishes the National Assembly for Regions and Districts as the second chamber of parliament, it does away with an entire chapter on decentralization, previously present in the 2014 constitution and heralded at the time as an important success. The draft instead stipulates that local governance will further be expanded on in the law, leaving the matter outside of the constitution and raising concerns that the president may further weaken local powers, including through future amendments to the Local Authorities Code and the Electoral Law.
The draft constitution also curtails the powers of the judiciary. It eliminates the single Higher Judicial Council that was elected and tasked to manage all types of judicial jurisdictions, and replaces it instead with three higher councils that will oversee each type of jurisdiction individually—the details of which will be left to the law; it does not guarantee their independence. Leaving this to the law, rather than protecting judicial independence at the constitutional level, creates concern that the judiciary’s role will be even further weakened down the line and its independence, further compromised. The draft dedicates a chapter to the Constitutional Court, separating it from that of the remainder of the judiciary, and changes its composition. Unlike the 2014 constitution, under which the Constitutional Court was selected by the Higher Judicial Council, parliament, and the president and was composed of judges and professors from different fields, the draft creates a court composed only of appointed judges based on seniority.
The draft constitution does away with a number of independent entities created by the 2014 constitution to act as safeguards for rights and freedom by establishing additional oversight over state institutions. The draft keeps only the Independent High Authority for Elections, albeit without specifying whether its members will be elected by parliament as had previously been the case. Though the draft does recognize and protect individual rights and freedoms, an unusually-constructed Article 5 sets forth the state as the sole entity responsible “to work, in the context of a democratic system, to fulfill the “maqasid [purposes] of Islam,” raising concerns about the state’s role in interpreting religion and on how this will manifest in practice. Civil society organizations have also raised concerns about the draft’s failure to explicitly prohibit the military trial of civilians.
Ultimately, Saied’s constitution threatens to enshrine a system of governance in which the president enjoys expansive and in many cases, unchecked authorities, while the legislature and judiciary become seriously constrained, functioning with limited, if any, independence and autonomy. The draft is a reflection of a process that has lacked transparency, inclusivity, and accountability since day one and that threatens to formalize the actions that were taken in an alleged “state of exception,” grounding Tunisia and the Tunisian people further in an alarming and undemocratic pathway.
. Stop the prosecution of civilians before military courts. •Reinstate the recently dissolved High Judicial Council and protect judges from dismissal by the President. • Refrain from adopting new legislation that would threaten freedom of association. https://t.co/MlvfVUul73
#Tunisia: “The actions of the Tunisian authorities raise serious concerns about the future of human rights in Tunisia. President Saied & others have dealt blow after blow to human rights and undermined the independence of the judiciary in particular. https://t.co/H9Zf951WGJ
Two legal groups—one in Mexico and the other in the United States—have agreed to work together to protect the rule of law in both countries.
The New York City Bar Association’s Cyrus R. Vance Center for International Justice and the Mexican Bar Foundation have agreed to form a joint committee that will focus on strengthening judicial and democratic institutions in both countries.
“The rule of law is suffering today in Mexico,” said Enrique González Calvillo, chair of the board of trustees at the Mexican Bar Foundation and founding partner at González Calvillo Abogados, a large Mexican law firm. “The Vance Center’s support and experience will be absolutely key to us.”
Inaugural members of the joint committee include Todd Crider, partner at Simpson Thacher & Bartlett and Antonia Stolper, of counsel at Shearman & Sterling. Both attorneys have focused on Latin America throughout their careers.
Mexican lawyers are engaged in a delicate dance to preserve the independence of the judiciary under President Andrés Manuel López Obrador, whose six-year term began in late 2018.
The president has labeled Mexican lawyers who defend international companies “traitors” and has accused Mexico’s judicial branch of being at the service of private interests.
Critics say López Obrador has also stacked the Supreme Court with supporters while working to discredit other democratic institutions that provide much-needed checks and balances in a country with a long tradition of authoritarianism.
“Weakened rule of law in Mexico will also affect the United States, as an erosion of our institutions would affect Mexico,” said Simpson Thacher’s Crider.
Skadden partner Paola Lozano, co-chair of our LatAm practice, has been named an inaugural member of a joint committee of the @NYCBarAssn’s Cyrus R. Vance Center for International Justice and @FundacionBarra. The committee will work to “protect the rule of law” in U.S. and Mexico. pic.twitter.com/ItYNKaO9TY
IAPL Monitoring Committee on Attacks on Lawyers 