Turkey: Joint submission by the ALI, the ODF and the HRD on abuse of Anti-Terror Law and criminalization of legitimate exercise of the freedom of expression

July 18, 2019

A coalition consists of the Arrested Lawyers Initiative, the Open Dialogue Foundation and the Human Rights Defenders e.V. made a joint submission titled ‘ARBITRARY APPLICATION OF ANTI-TERRORISM LAWS AND CRIMINALIZATION OF USING AN I-MESSAGE APPLICATION (BYLOCK)‘ to the United Nations Human Rights Council for Turkey’s UPR session.

The Submission concluded that: 

1. Criminalization of the use of ByLock constitutes the retroactive punishment because a) it is not foreseeable under Turkish laws, b) it is unprecedented in Turkish case-law, c) at the time of such alleged use it was not the object of sufficiently precise, valid law to which a sufficiently certain sanction was attached,
2. The use of ByLock does not prove criminal guilt.23 Using an electronic communication software which was offered to public use via the most visited and famous online platform (i.e Apple and Google Play stores) is legitimate exercise of fundamental rights, namely the freedom of expression and the freedom of [confidential] communication, not a crime. Freedom of expression includes the right to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, including all forms of electronic and internet-based modes of expression,
3. A conviction may be based on correspondence which show a crime has been committed provided that such correspondences have been legally acquired and in any case it is supported with other concrete evidence,
4. An arrest or detention that lacks any legal basis—in violation of the principle of legality—is arbitrary. Retroactive criminal punishment by detention amounts to arbitrary detention. Arrest or detention as punishment for the legitimate exercise of the rights as guaranteed by the ICCPR, such as freedom of expression, is arbitrary,

…

Joint submission by the ALI, the ODF and the HRD on abuse of Anti-Terror Law and criminalization of legitimate exercise of the freedom of expression

International Coalition consists of Bar Associations and NGOs made submission on rights violations in Turkey

The Arrested Lawyers made submission to the United Nations on ongoing crackdown against lawyers in Turkey

https://ahvalnews.com/purges/international-group-urges-un-action-over-purge-turkish-legal-professionals

SCF’s submission to the United Nations Universal Periodic Review of Turkey

State of emergency measures still haunt Turkey on 3rd anniversary of failed coup

http://camerepenali.it/cat/10046/un_altro_processo_in_turchia_contro_degli_avvocati_.html (ITALIANO)

https://arrestedlawyers.org/

Kazakhstan: UPR Kazakhstan submitted

April 4, 2019

On 28 March 2019, Lawyers for Lawyers submitted a report for the Universal Periodic Review of Kazakhstan.

 

In the report, Lawyers for Lawyers expressed concerns about the newly passed law ‘On the Professional Activities of Advocates and Legal Assistance’ for it could undermine the independence of the legal profession.

Lawyers for Lawyers also highlighted that the Kazakh authorities do not always uphold the necessary guarantees for the proper functioning of the legal profession in practice. Lawyers are regularly subjected to improper interference or attempts to put pressure on them by members of law enforcement agencies or investigative bodies. Furthermore, lawyers regularly sometimes do not have the opportunity to meet with their clients in full confidentiality.

https://lawyersforlawyers.org/en/upr-kazakhstan-submitted/

https://eurasianet.org/kazakhstan-judges-complaint-alarms-legal-profession

https://bitterwinter.org/lawyer-aiman-umarova-interview/?fbclid=IwAR1P53WGw679gakfjVEnczcLqdX52qlSVNhHEu-2jYxpBWzAi0sfxnCi83A

https://drive.google.com/file/d/1VUKeFaPtpvgI43YJpyMVJata0HJIDK31/view?fbclid=IwAR1Ybsy5QfAXxxS764kH6l3-Yng_OGb7gczjrrDThf4uzauZgCCgv22VgPU (KAZAKH)

https://www.facebook.com/nghrdc/ (KAZAKH)

China: HRIC among 40 NGOs Worldwide Urging UN Resolution on China’s Rights Abuses

January 30, 2019

In an open letter sent to heads of government missions to the UN in Geneva, Human Rights in China joins 39 other NGOs to press for a UN resolution to address the deteriorating human rights situation in China.

The NGOs call for governments to use the upcoming session of the Human Rights Council (February 25-March 22, 2019) as an opportunity to push with “one voice”: for accountability for the steeply worsening rights abuses in China which have been gaining increasing international attention.

Two reviews of China’s rights practices at the UN last year, in particular—by the Committee on the Elimination of Racial Discrimination (CERD), and China’s Universal Periodic Review (UPR)—highlighted deeply concerning developments, including the mass internment of Uyghur and other ethnic Muslims in so-called “vocational retraining camps,” in gross violation of religious and cultural rights; the broadening control over information and expression especially online in the name of cybersecurity; the continued persecution of human rights lawyers and defenders; and the erosion of fundamental freedoms in Hong Kong, in violation of the “one country, two systems” principle.

Reaching beyond its borders, China has also been waging a sustained challenge to the existing international human rights framework, which is based on the principle of the universality of human rights.

…

https://www.hrichina.org/en/press-work/hric-bulletin/hric-among-40-ngos-worldwide-urging-un-resolution-chinas-rights-abuses

https://www.hrichina.org/en/press-work/joint-statements/ngo-joint-letter-upcoming-session-human-rights-council-states-should

https://www.lrwc.org/china-at-upcoming-session-of-human-rights-council-states-should-pass-resolution-to-address-human-rights-violations-in-the-peoples-republic-of-china-letter/

http://www.omct.org/human-rights-defenders/urgent-interventions/2019/01/d25220/

https://www.lrwc.org/china-statement-demanding-an-acquittal-of-lawyer-wang-quanzhang-joint-statement/

https://asia.nikkei.com/Politics/NGOs-urge-UN-to-adopt-resolution-on-China-s-human-rights-abuses

https://mainichi.jp/english/articles/20190130/p2a/00m/0in/018000c

https://www.courthousenews.com/white-house-presses-china-for-release-of-human-rights-lawyer/

https://chinachange.org/2019/01/30/acceptance-speech-for-the-2018-french-republic-human-rights-prize/

https://www.rfa.org/english/news/china/jailing-reaction-01302019114154.html

全球37個人權組織連署呼籲聯合國人權理事會在二月底開幕的第四十次常規會議期間通過一項針對中國人權狀況的決議。https://t.co/LGz2ZzTWf4

— Safeguard Defenders (@SafeguardDefend) January 30, 2019

Vietnam: UPR of Vietnam: Advocacy Charter Lawyers for Lawyers and Lawyers’ Rights Watch Canada

December 22, 2018

Stakeholders’ submission

(1) In the last years, the crackdown on freedom of expression has intensified. Reports indicate that in 2017, Viet Nam authorities have detained or exiled many peaceful activists and bloggers. Human rights lawyers who work on sensitive cases frequently face reprisals either in relation to their own human rights advocacy or their legal representation of people seen as critical of the Government. They are subjected to, amongst other things, threats, harassment and intimidation. Some lawyers have been the victim of physical attacks in connection to their legitimate advocacy. See Joint submission (JI) L4L & LRWC, par.10

A number of lawyers in Viet Nam have even been subjected to arrests and prosecution in connection to their professional activities or in relation to their human rights advocacy. See JI L4L & LRWC, par.11

(2) Governments must protect lawyers from unfair or arbitrary disciplinary proceedings. Disciplinary action against lawyers must be based solely on a code of professional conduct consistent with recognized ethical and professional standards including the Basic Principles and determined by an independent tribunal after a fair hearing conducted in accordance with international due process requirements. Before the UPR review of Viet Nam in 2014, several leading human rights lawyers had been disbarred, including lawyers Le Cong Dinh, Nguyen Van Dai, and Le Quoc Quan. More recently, other lawyers have been disbarred or are facing disbarment or other disciplinary actions on improper grounds. See JI L4L & LRWC, par.12

…

https://www.lrwc.org/upr-of-vietnam-advocacy-charter-lawyers-for-lawyers-and-lawyers-rights-watch-canada/

http://www.eastasiaforum.org/2018/12/11/weighing-up-political-developments-in-vietnam/

https://www.aljazeera.com/news/2018/11/digital-dictatorship-vietnam-seeks-silence-dissidents-181115062123198.html

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

https://www.ucanews.com/news/catholic-dissident-jailed-for-defacing-vietnam-flags/84006

https://www.dw.com/en/vietnam-expels-dissident-lawyer-to-germany/a-44121266

https://en.wikipedia.org/wiki/Nguy%E1%BB%85n_V%C4%83n_%C4%90%C3%A0i

https://www.theguardian.com/world/2017/aug/06/germany-accuses-vietnam-of-abducting-businessman-from-berlin

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

Hong Kong/China: Hong Kong NGOs to highlight China’s suppression of lawyers, labour groups at United Nations

October 3, 2018

A representative from the Hong Kong Confederation of Trade Unions (HKCTU) will speak at a United Nations conference next week to highlight human rights abuses in China such as the suppression of lawyers and labour unions.

Ming Lam of HKCTU will be speaking at a pre-session of the UN’s Universal Periodic Review, which examines the human rights performance of member states once every five years. The pre-session is designed for civil organisations to raise issues before the Human Rights Council conducts its inquiry in November.

Lam will travel to Geneva next week accompanied by Albert Ho and Emily Lau, both representatives of the China Human Rights Lawyers Concern Group (CHRLCG).

Ho will also represent the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, one of the largest pro-democracy groups in Hong Kong.

Ho said the group will prioritise the issue of oppressed dissidents: “We have to pinpoint the imprisonment or detention of a number of dissidents [who were detained] simply because of their exercise of the freedom of speech in a peaceful and non-violent manner,” he said.

The group demanded that China release all detained dissidents and stop the persecution of human rights activists. It raised examples including Wang Quanzhang, a human rights lawyer who has been detained for over 1,100 days without trial, as well as lawyers Yu Wensheng, Li Yuhan and Jiang Tianyong.

…

https://www.hongkongfp.com/2018/10/03/hong-kong-ngos-highlight-chinas-suppression-lawyers-labour-groups-united-nations/

https://www.thetimes.co.uk/article/even-stars-like-fan-bingbing-can-disappear-under-chinas-ironfist-brf6vd2ln

https://www.theguardian.com/world/2018/apr/06/its-been-1000-days-wife-of-jailed-chinese-lawyer-on-march-for-answers

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

【International Lobbying: Remember Them, the China Human Rights Lawyers】@chrlcg chairman Albert Ho and boardmember Emily Lau have attended the UPR pre-session on China today. We are calling for immediate release and stop all forms of torture towards human rights lawyers. pic.twitter.com/I7VSwPjZmu

— 中國維權律師關注組CHRLCG (@chrlcg) October 9, 2018

#Communist #China – Nearly one hundred #Chinese #lawyers called on the authorities to release Gao Zhisheng — #HumanRights activist #GaoZhisheng disappeared for over a year. https://t.co/Mrci6g8f9R pic.twitter.com/mif56CpkZR

— R.E.A.L Human Rights (@realhumanrights) October 9, 2018

Vietnam: Failure to Comply with International Human Rights Obligations | Joint Submission

July 30, 2018

1. Lawyers for Lawyers (“L4L”) and Lawyers’ Rights Watch Canada (“LRWC”) jointly submit this report on the state of human rights in Viet Nam, especially in respect of the legal profession, with recommendations for the 32nd session of the UPR Working Group in the UN Human Rights Council in January-February 2019. This report was co-signed by Viet Tan.
2. L4L is an independent and non-political Netherlands foundation, which was established in 1986 and is funded by lawyers’ donations. L4L promotes the proper functioning of the rule of law through the free and independent exercise of the legal profession around the world. L4L has special consultative status with ECOSOC since 2013.
3. LRWC is a committee of Canadian lawyers and other human rights defenders who promote human rights and the rule of law through advocacy, education, and legal research. LRWC is a volunteer-run NGO in special consultative status with the Economic and Social Council of the United Nations.
4. This submission highlights key concerns regarding Viet Nam’s compliance with its international human rights obligations to guarantee the right to independent counsel as set out in the UN Basic Principles on the Role of Lawyers [1] (“Basic Principles”) and other international human rights instruments, focusing the lack of effective guarantees for the functioning of lawyers, including the lack of freedom of expression and association of lawyers. Non-compliance with the Basic Principles undermines the proper functioning of the judicial system, in particular the right to fair trial and effective access to justice.

…

https://www.lrwc.org/viet-nam-failure-to-comply-with-international-human-rights-obligations-joint-submission/