De documentaire ‘Russia vs Lawyers’ van Masha Novikova biedt een huiveringwekkende blik in de Russische rechtbank, waar willekeur en afschrikking leidend zijn en advocaten steeds vaker zelf worden vervolgd. Dit weekend te zien op @MoviesMatter https://t.co/zIfEyvse3K
Turkey’s Justice Minister Yılmaz Tunç has accused bar associations of acting like an opposition party for “involving in different ideological activities.” Tunç claimed the associations were focusing on different things “rather than the problems of the legal profession.”
Turkey’s Justice Minister Yılmaz Tunç on April 4 targeted the bar associations, accusing them of acting like an opposition party.
Tunç said some bar associations “did not perform very well in the past,” while speaking at the “Symposium on Lawyer Vision in a Changing World” of the Ankara Bar Association No. 2 held at the Lawyers’ Day.
“They focused on different things rather than the problems of the legal profession. In particular, they have been and continue to be involved in a number of different ideological activities, almost like an opposition party, even beyond an opposition party,” he claimed.
“We want them to focus on the legal profession. We want them to contribute to the professional work of our colleagues. In terms of the development of the profession, they should be in good relations with the executive and the legislature so that they can fulfill their duties,” he further added.
Tunç previously claimed that the ECHR rulings on imprisoned Osman Kavala and Selahattin Demirtaş had “political concerns.”
The majority of bar associations in Turkey have been objecting to the government’s practices violating the law and demanding judicial independence in the country.
Turkish parliament passed a law in 2020 on changing the structure of bar associations, a move that lawyers said further undermined judicial independence in the country.
Congratulations! We hope that you prioritise (re:🇹🇷): 📌 The implementation of the Yalcinkaya ruling, which, acc to the Grand Chamber, concerns 8,000 pending + potential 100,000 to-be-filed cases, (https://t.co/U8ykFT5NwM), 📌 the persecution of lawyers (https://t.co/piiSSIn5ZF) https://t.co/mxUGtm266B
— The Arrested Lawyers (@ArrestedLawyers) April 1, 2024
'Independent #lawyers are targeted because they uphold the #RuleOfLaw with every case they take on & with every client they represent. The UN basic principles on the role of lawyers provide basic guidance on the rights states should provide…
Le comité de défense de la présidente du PDL, Abir Moussi, a expliqué dans un communiqué que Mme Moussi est, à compter de ce mardi 2 avril 2024, détenue en prison sans autorisation judiciaire valide dans le cadre de l’affaire dite du “bureau d’ordre” en raison de l’expiration de la période maximale de détention provisoire fixée à six mois. Il a souligné qu’aucune décision de prolongation de ce délai n’a été rendue.
« Le comité dénonce les atermoiements, qui ont duré plus d’un mois, pour le transfert du dossier à la Cour de cassation et qui ont provoqué un allongement arbitraire du délai judiciaire et conduit à dépasser le délai maximum de validité du mandat de dépôt délivré le 5 octobre 2023. Il considère que ces violations s’inscrivent dans le cadre d’une volonté affichée de harceler Abir Moussi et de porter atteinte à ses droits fondamentaux et intérêts légitimes », précise le communiqué.
Le comité de défense a également annoncé avoir déposé une plainte officielle auprès du Groupe de travail sur la détention arbitraire (GTDA), en application du Pacte international, relatif aux droits civils et politiques, que la Tunisie a ratifié et qui autorise les citoyens tunisiens à porter plainte devant les institutions compétentes des Nations Unies lorsque leurs droits et libertés sont violés.
Pour rappel, Abir Moussi a été interpellée devant le bureau d’ordre du palais de Carthage à la date du 3 octobre 2023. Elle s’y était rendue afin de déposer une demande de recours administratif. Des policiers se sont rendus sur les lieux. Ils ont embarqué Abir Moussi et confisqué les téléphones des personnes présentes. Deux jours plus tard (jeudi 5 octobre 2023), un mandat de dépôt a été émis à l’encontre de la présidente du PDL. Elle est accusée, dans le cadre de cette affaire, d’attentat contre la sûreté intérieure de l’État.
Le juge d’instruction du 10e bureau du Tribunal de première instance de Tunis a aussi émis le 1er février un nouveau mandat de dépôt contre la présidente du Parti destourien libre. Ce mandat de dépôt a été émis suite à une plainte déposée par l’Isie en vertu du décret-loi 54. Le 21 février 2024, le juge d’instruction a émis un nouveau mandat contre elle, à la suite d’une plainte déposée par l’Isie conformément aux dispositions de l’article 24 du décret 54.
L’opposition pacifique n’est pas un crime. Solidarité avec Meriem Sassi membre du bureau politique du PDL dont la présidente Abir Moussi est détenue arbitrairement depuis le 3 octobre 2023. Elle comparaîtra le jeudi 28 mars 2024 , devant la chambre criminelle du TPI de Tunis, pic.twitter.com/OVt8DZinOu
@TnPresidency, Abir Moussi is detained and faces criminal investigations in #Tunisia due to the peaceful exercise of her human rights. Pending her release, please ensure she has regular access to her family, lawyers, and adequate medical care. Thank you.
@TnPresidency, je vous appelle à libérer au plus vite l’avocate Abir Moussi, présidente du Parti destourien libre, détenue injustement depuis le 3 octobre 2023 pour avoir tenté de soumettre un recours contre les décrets présidentiels relatifs aux prochaines élections locales. pic.twitter.com/nab0VJ1Mhk
— Groupe caennais d'Amnesty International (@AmnestyCaen14) March 23, 2024
I wish the Royal Family well, but I want to use this occasion to let the world know that the leader of an apposition party in Tunisia, #Abir_Moussi, is in prison just because she is a candidate to the presidential elections ! Let her voice be heard! #KateMiddleton#كيت_ميدلتونpic.twitter.com/7QDkT5TcDA
The Independent High Authority for Elections (ISIE) has submitted four complaints against Abir Moussi following her public criticism of the electoral process. Call on @TnPresidency to release her immediately: https://t.co/RKCOXdUEiw
— AL KILANI Almoutassim ⚖️ المعتصم الكيلاني (@ALMOUTASSIMALKI) April 2, 2024
Tunisian Lawyer & chronicler Sonia Dahmani is being investigated for her criticising the regime's policy of imprisonment. She risks ten years of prison. With presidential elections in October the arrests of critics of the regime the & potential candidates are accelerating. https://t.co/NBGpxWo8Xy
Тело Сергея Хрипунова нашли на территории больницы номер 15
В Волгограде на территории больницы номер 15 в Красноармейском районе найдено окоченевшее и замороженное тело мужчины. Погибшим оказался бывший сотрудник полиции, а ныне известный адвокат по уголовным делам Сергей Хрипунов. За несколько дней до обнаружения тела мужчина пропал без вести.
Как сообщил V1.RU источник в оперативных службах, трагедия произошла на территории больницы номер 15 в Красноармейском районе города.
— Он совершенно адекватный мужчина был, жил, работал — как у всех, раньше в полиции трудился, потом в адвокаты перешел. У него десятки уголовных дел были, — рассказал источник. — Насколько я знаю, семья у него тоже замечательная, хорошая, приличная. За пару дней до гибели он пропал. Там должно было вроде как три дня же с момента исчезновения пройти, но, так как он бывший полицейский, искать его начали сразу.
По информации источника, поиски вели как волонтеры, так и сами сотрудники полиции.
— Его машину нашли на территории больницы, на парковке, вроде бы с заведенным двигателем, машина была открыта, — рассказал источник. — И уже вдали от нее, в лесополосе, был найден и сам мужчина. На его теле обнаружены следы укусов.
В Волгограде нашли мёртвым местного адвоката Сергея Хрипунова. Тело со следами укусов обнаружили в лесополосе.
Как сообщают местные СМИ, в субботу, 2 марта, труп Хрипунова нашли в лесополосе на юге города – между роддомом и больницей. Тело пролежало на морозе как минимум одну…
Lawyers should not be a subject of attack by authorities for representing their clients, senior lawyer Rosli Dahlan said in his judicial review bid against the Inspector General of Police Tan Sri Razarudin Husain @ Abd Rasid and eight others, including the government.
Rosli, in addressing High Court judge Datuk Ahmad Kamal Md Shahid, said he was counsel for Parti Pribumi Bersatu Malaysia and also for i-Serve Online Mall Sdn Bhd but had been subjected to actions by the authorities.
“When former prime minister Tan Sri Muhyiddin Yassin was acquitted (of criminal breach of trust), all actions (taken by the authorities) happened to my firm and myself. There are also false allegations against me of stealing RM7 billion 1MDB (1Malaysia Development Bhd) money or [of] compromising in the 1MDB deal.
The allegations led to the Malaysian Anti Corruption Commission’s raid on Rosli’s office last Oct 6. The MACC filed an application to retrieve 1MDB documents which the agency later withdrew.
“Now, the police are taking over in freezing my bank accounts and trust fund. In their investigation, it does not say [that] I am the prime suspect but the investigation [resulted] in the freezing order, and my arrest follows an AirAsia police report against i-Serve, where I was counsel in 2022,” he added.
Rosli noted that he has yet to be furnished with a copy of the AirAsia police report that allegedly implicated him.
He added that he is seeking justice, flagging past incidents involving then High Court judge Datuk Mohd Nazlan Mohd Ghazali, who was also investigated by the MACC.
Rosli further cited the decision in the Haris Fathillah and two others versus the MACC case, in which the Federal Court ruled that courts must be proactive in determining such abuse, as [with] the apex court.
“Any abuse of those powers such as using them for collateral purposes, not only constitutes possible offences such as abuse of power or obstruction of justice, but also constitutes actionable complaints through the courts’ statutory review powers,” Chief Justice Tengku Maimun Tuan Mat said in her judgement in the Haris case.
The legislative and regulatory framework of lawyers working in the People’s Republic of China challenges their independence and legitimate activities, the Law Society of England and Wales warned today.
The Law Society has raised its concerns with the United Nations (UN) as part of the Universal Periodic Review (UPR) of the human-rights records of all UN member states that take place every four to five years.
The society said: “Since the last UN review of China under the UPR, it is reported that changes to the legislative and regulatory framework may be being used to interfere with the independence of the legal profession and the ability of lawyers to conduct their work and represent their clients effectively.
“We are concerned over claims that the Administrative Measures for the Practice of Law by Lawyers is being used to prevent lawyers from conducting their legitimate professional services.
“For example, there are reports that lawyers have faced sanctions when challenging the lawfulness of court proceedings, publicising accusations that their client’s rights have been violated, or criticising the government’s treatment of lawyers.”
Today is #WangQuanzhang’s birthday. His release from prison does not mean freedom, the only difference for them is between living in a smaller or a bigger prison. Years of surveillance and harassment from the authorities make it difficult for the family to lead a normal life. pic.twitter.com/XuYlRdrcmp
'Prisoners of conscience': Jimmy Lai, Joshua Wong among #HongKong activists nominated for Nobel Peace Prize
Media mogul Jimmy Lai, Joshua Wong, Gwyneth Ho, Chow Hang-tung and Lee Cheuk-yan were nominated by 15 academics from 10 countrieshttps://t.co/ER8jEISH8Y via @hkfp
Human Rights Lawyer Chow Hang-tung is in prison for peacefully remembering the victims of the Tiananmen Square crackdown. Sign the petition demanding her release. https://t.co/lSW0GknUwn
— Amnesty International – Reading Town Group (@AmnestyReading) February 1, 2024
he Law Society has said it is ‘gravely concerned’ about the collapse of the justice system in Afghanistan and the persecution of legal professionals by the ruling Taliban.
This warning comes as Marzia Babakarkhail, a former family court judge from Afghanistan, speaks on behalf of the Law Society at the United Nations today.
As a family court judge, Babakarkhail specialised in violations against women’s rights and challenged discriminatory practices against women. Due to her work supporting vulnerable women, she became a target of the Taliban and was forced to flee to the UK in 2008.
Since then, Babakarkhail has advocated for the protection of women judges and their families in Afghanistan, as well as those stuck in Pakistan since fleeing the Taliban.
Law Society president Nick Emmerson said: ‘The situation for lawyers and judges in Afghanistan is of significant worry and we are grateful to Marzia Babakarkhail for raising these concerns. Marzia’s story highlights the plight of legal professionals under Taliban rule as lawyers and judges are unable to exercise their profession freely and have become targets of the state.
‘Many face death threats, harassment, attacks, enforced disappearances and unlawful killings’, Emmerson said. ‘Others are forced to flee the country or go into hiding. Female lawyers and judges also face increasing domestic violence and forced marriage.’
The persecution of lawyers and judges is further exacerbated by the erosion of the justice system, Emmerson added. ‘The judiciary has been dismantled, as the state only appoints Taliban members as judges. The Taliban likewise has complete control of who may be licensed as a lawyer. Women are excluded from any participation in the legal system, whether as lawyers, judges or claimants. There has been a collapse of access to justice.’
The Law Society is urging UN member states to call on Afghanistan to protect the lives of legal practitioners, ensure that lawyers are able to exercise their profession freely and independently, restore the rights of women in the justice system and adhere to international human rights standards.
Moscow’s Basmanny District Court has granted a request from investigators to issue an arrest warrant for Olga Mikhailova, a lawyer for Alexei Navalny, in a criminal case on a count of affiliation with an extremist group, the court told Interfax.
“The court ruled to take Mikhailova into custody as a pretrial restrictive measure for two months starting from the moment she is detained in Russia or is extradited to Russia,” the court said on Thursday.
Mikhailova has been charged in absentia with affiliation with an extremist group. She has been placed on the international wanted list.
Mikhailova said earlier that she has always fulfilled only her duties of an attorney to defend Navalny and represent his interests in various bodies of authority. She is now outside Russia and currently does not plan to return, saying she believes that she “will be more useful free than incarcerated.”
The court also ordered the issuing of an arrest warrant for Alexander Fedulov, another lawyer for Navalny, on the same charges.
Three lawyers of Navalny – Vadim Kobzev, Alexei Liptser and Igor Sergunin – were arrested in October 2023 in the extremist network case.
1/ On Feb. 2, #Russia placed Olga Mikhailova and Alexander Fedulov, Alexei Navalny’s lawyers, on its wanted list. Their dedication made them a direct victim of the oppression they battled.https://t.co/uHcyaCzf52
3/ The regime extends its crackdown on Navalny and his allies beyond prison walls. Moscow’s district court issued arrest warrants for Navalny lawyers, Olga Mikhailova and Aleksandr Fedulov, on trumped-up charges of “extremism.” https://t.co/lSLiMyBzt3
Nous apprenons avec émotion le décès de notre confrère russe Alexeï Navalny. Fervent défenseur de l’État de droit et militant anticorruption à la détermination infaillible, il était devenu le symbole de celles et ceux qui, en Russie comme ailleurs, se dressent face à…
More than 20 Amharas detained in Awash Arba including attorney Addisu Getaneh and journalist Belay Manaye are facing severe conditions as victims of the mass arrests which followed the Prosperity Party regime’s declaration of war against the Amhara people. As part of this declaration the regime perpetrated illegal mass arrests of Amharas from Addis Ababa, Amhara Region and various other parts of the country and transported them to concentration camps, and it has continued in this practice. Among these are Amhara parliament members, regional council members, journalists, lawyers, activists, artists, merchants, public workers, students and teachers – none have been spared. The regime has particularly targeted anyone suspected of utilizing their profession or otherwise to advocate for the rights of Amhara people.
As a result, Amharas have been detained and subjected to abuses in detention facilities ranging from the Addis Ababa Police Commission, Federal Police, facilities in Kombolcha to Shewa Robit, Awash Arba and Kality. Even today, people who have been invested in the Amhara cause despite repeated arrests continue to languish in these prisons. Among the 20 Amharas currently detained in Awash Arba are attorney Addisu Getaneh, who has served many detained Amharas in his professional capacity, journalist Belay Manaye and Zerihun Gessesse.
Roha has received information from Awash Arba detention facility that the 20 detained Amharas are marked to remain there, facing abuses as previously reported by BBC’s report which called the prison, “worse than America’s Guantanamo”. This detention camp has deprived prisoners of food, water, beds, private washrooms and related basic provisions while they are also subject to extreme heat. We have heard they are given a single piece of bread which has caused them to suffer from hunger and illness. The day before yesterday on February 10, 2024 (Yekatit 2, 2016 EC), four Addis Ababa police and Federal police members were taken away by ENDF soldiers while attorney Addisu and others were made to remain at the facility. However it is unclear where they were taken. In addition to the abuses against them, detainees in Awash Arba are exposed to Malaria and have been unable to consume food due to the extreme heat.
Above this all, the facility which serves as a military training camp includes new trainers which hold the prisoners with contempt due to their identity and often issue threats and insults leading the detainees to fear for their safety according to information Roha received from the prison. For these reasons, the detainees have called for the public and relevant authorities to be made aware of what is happening. In addition, they called for human rights groups, international civil society and legal institutions to be made aware of what is happening to them and to carry out their functions.
"Amhara detainees in Awash Arba suffer inhumane conditions after mass arrests by the Prosperity Party. Over 20, including attorney Addisu Getaneh and journalist Belay Manaye, deprived of necessities, face extreme heat and threats. Urgent intervention and awareness needed. pic.twitter.com/4kBkhr9cXo
On November 14, 2023 human rights lawyer Addisu Getaneh was rearrested by authorities. Addisu was also representing high-profile political prisoners arrested for criticizing the Prosperity Party regime & condemning state complicity in ethnic violence against Amhara people.
📢#THREAD: Last week, the Oromo Prosperity regime arrested journalist @Belay_Ma, & human rights lawyers Talema Gizachew & Addisu Getaneh. These arrests signal a potential new wave of mass arrests of Amharas & continued atrocities in the regime’s #WarOnAmhara in Ethiopia.
📢#REPORT: Between Nov. 12-14, 2023, the Abiy regime has undertaken a new wave of arrests of Amhara journalists & human rights lawyers. Among the latest detainees are journalist @Belay_Ma & lawyers Gizachew Talema & Addisu Getaneh.#FreeAmharaDetaineeshttps://t.co/5XKp2usvXC
— Amhara Association of America(AAA) የዐማራ ማህበር በአሜሪካ (@AAA_Amhara) November 20, 2023
Nov. 16/23 – On Nov. 14/23, human rights lawyer Addisu Getaneh was arrested by government security forces. Addisu was known for representing numerous human rights defenders.
As the year ends, ALN is releasing a statement on eight ways in which rights lawyers in China have continued to face arbitrary detention, harassment, and repression in 2023. A PDF version of the statement is also available from here.
As 2023 ends, this article highlights eight important or recent developments in the arbitrary detention, harassment, and repression of rights lawyers and activists in China and Hong Kong over the last year.
The context remains the hostile environment for rights lawyers and human rights defenders created by President Xi Jinping and his administration since the early years of his rule, characterized by “rule by law” authoritarianism, that is, by crackdowns on all potential oppositional actors, including (especially) rights lawyers assisting such oppositional actors, through “legal” procedures ostensibly in the name of “upholding law and order”.[1] However, these procedures themselves are designed to allow for easy abuse by authorities, such as language that is vague or easily manipulated, and they lack in any protection against abuse. Extrajudicial or extralegal abuses also occur as well, with the government often simply denying such abuses exist at all. The 709 crackdown, a nationwide series of arrests and interrogations involving over 300 lawyers and activists that started on 9 July 2015 was one of the major early events characterizing the current period.
One of the key international standards violated by these measures is UN Basic Principles on the Role of Lawyers, particularly Principle 16, which states that:
Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.[2]
1.The practice of RSDL, enforced disappearances, and torture
Residential Surveillance at a Designated Location (RSDL) is a form of detention at a special facility run by the public or state security bureaus of China, such as a converted hotel or hospital, sometimes euphemistically called a “training center”. The current legal basis is the 2018 amendments of Arts. 75-79 of China’s Criminal Procedure Law (CPL), which allow residential surveillance for up to six months at residences that are not the detainee’s home, but any place designated by police. Under the RSDL system, police disappear a person and place them in the location, often without informing their family despite CPL Art. 75 requiring the police to inform the family within 24 hours. The person is also given no ability to contact their family and in practice their right to a lawyer is restricted for national security related charges, leading to incommunicado detention. The NGO ISHR has estimated that between 53,000 to 90,000 individuals have been enforced disappeared under the RSDL system.[3]
A great majority of the lawyers and HRDs that have been detained in China since the 709 Crackdown began their detention in RSDL. Reports of torture and other abuses in RSDL detention are widespread.[4] The idea is that torture early in the detention process allows authorities to obtain a confession of guilt, ostensibly allowing them to be more easily be arrested and convicted, despite ignoring that Chinese law does not allow confessions extracted from torture to be admissible at trial. Since the person is held incommunicado for at least six months, this allows wounds from torture to heal somewhat before a person is seen by family members, friends, or lawyers, ostensibly allowing the government to more easily deny any report of torture. Because the family members have no information and don’t know what happened to their family member, it also instills fear and trauma into the human rights and legal community.
Lawyers that have faced abuses in RSDL detention include Xu Zhiyong, Ding Jiaxi, Li Yuhan, Qin Yongpei, Chen Jiahong, Chang Weiping, Tang Jitian, Xie Yang, and Yu Wensheng, as well as other rights activists including Xu Yan, Li Qiaochu, Huang Xueqin, Wang Jianbing, and Guo Feixiong (the pen name of Yang Maodong).
This holiday season, we stand in solidarity with Chow Hang-tung, a 38-year-old barrister who faces charges under the #NSL for her peaceful and courageous pro-democracy activism.
The Foreign Ministers of 🇩🇪 & 🇫🇷 jointly announced the 12 winners of the Franco-German Prize for Human Rights & the Rule of Law!
These individuals fight for universal rights, often risking their own safety in the process. Their courage is an inspiration to all of us. 🕊 pic.twitter.com/SDas0X2p1q
Qin Yongpei valiantly defended himself for 10 hours during his trial this weekend. He focused on the mishandling of his case, and defended his freedom of speech as imperative to the promotion of the rule of law. A verdict has not yet been released. #QinYongpei#覃永沛#Chinapic.twitter.com/aZrgg8lC2G
On this International Human Rights Day, we stand in solidarity with those human rights lawyers who tirelessly dedicate themselves to protecting the rights of the most vulnerable despite the often harsh consequences. pic.twitter.com/m1ADW8bJ50
IAPL Monitoring Committee on Attacks on Lawyers 