Posted on

International Day of the Endangered Lawyer – 15th Edition

22 January 2025, 14.00 CET
(Via Teams)

Opening Remarks:
Symone Gaasbeek – The Foundation of Day of the Endangered Lawyer

Keynote Speakers:
Margaret Satterthwaite – United Nations Special Rapporteur on the Independence of Judges and Lawyers
Nils Muižnieks – United Nations Special Rapporteur on the Situation of Human Rights in Belarus (Invited)
Iryna Kozikava, Lawyer – Executive Director PEN Belarus

Presentation of the Coalition’s Report:
Anna Masiota –  Institute for the Rule of Law of the International Association of Lawyers (UIA-IROL)
Closing Remarks:
Federico Cappelletti – European Criminal Bar Association (ECBA)

Moderation:
Juan Prosper – European Democratic Lawyers (AED) and European Association of Lawyers for Democracy and World Human Rights (ELDH)

Posted on

Day of the Endangered Lawyer, 15th Edition: BELARUS

Since 2010, the International Day of the Endangered Lawyer has been observed annually on 24 January, organised first by the AED-EDL and then by the Coalition for the Endangered Lawyer, a network of national and international legal organisations and bar associations. The day aims to draw attention to the plight faced by lawyers in the exercise of their profession in a particular country each year, and encourage action by government officials, international institutions, civil society, the media and the public. 

This year, 2025, the Day of the Endangered Lawyer spotlights the persecution of lawyers in Belarus, who face systematic harassment and interferences with their professional activities. Following the Presidential election and mass protests in 2020, a crackdown by the government has resulted in the targeting of lawyers, journalists, human rights defenders, and dissidents. The evidence in this report indicates a persistent and troubling trend in Belarus where legal practitioners face increasing criminal sanctions, arbitrary detentions, and systemic interference in their professional duties.

On the 22nd of January a press conference will take place to explain the difficult situation of lawyers in Belarus.

Posted on

Urgent request for intervention in favour of renowned Iranian human rights defender Reza Khandan

Download the request

Ms. Mai Sato
UN Special Rapporteur on the Islamic Republic of Iran

Ms. Margaret Satterthwaite
UN Special Rapporteur on the independence of judges and lawyers

Ms. Mary Lawlor
UN Special Rapporteur on the situation of Human Rights Defenders

Mr. Alain Berset
Secretary General of the Council of Europe

Mr. Michael O’Flaherty
Commissioner for Human Rights of the Council of Europe

Ms. Roberta Metsola
President of the European Parliament

Mr. António Costa
President of the European Council

Ms. Ursula von der Leyen
President of the European Commission

Ms. Kaja Kallas
High Representative for Foreign Affairs and Security Policy
of the European Commission

Mr. Javier Zarzalejos
President LIBE Committee of the European Parliament

EEAS Iran Division

Venice, 18/12/2024

Re: Urgent request for intervention in favour of renowned Iranian human rights defender Reza Khandan


Dear All,
The undersigned organizations urge you to take urgent, concrete action in the case of Reza Khandan, renowned
Iranian human rights activist and husband of the iconic human rights lawyer Nasrin Sotoudeh. Khandan, Sotoudeh, and their family have been the objects of a sustained, protracted campaign of abuse at the hands of the Islamic Republic of Iran (“IR”).
Khandan was once again arrested last Friday, 13 December 2024, after IR security forces raided his home. Khandan was arrested for the first time in September 2018, and was charged with “spreading propaganda against the system” and “colluding to commit crimes against national security,” after posting several online updates about his wife’s June 2018 arrest and protesting against the IR’s mandatory hijab law by producing and distributing pins that read: ‘I stand against the compulsory hijab’. Khandan was released on bail in December 20185, but in January 2019 was sentenced to six years in prison with another activist, Farhad Meysami.
On 13 February 2023, Khandan was summoned to appear within 30 days in prison for the execution of this sentence, just a few short weeks after his wife Nasrin Sotoudeh appeared on CNN to call for the release of Meysami. At the time of Sotoudeh’s TV appearance, Meysami’s life was in grave danger after a lengthy hunger strike. Meysami was freed from the infamous, overcrowded Evin Prison soon thereafter, on 10 February 2023. The summons issued to Khandan was not enforced at the time after 22 organisations of jurists from around the world, including many of the signatories here, called for your intervention. Significantly, Khandan’s most recent arrest occurred on the very same day that the IR’s even more onerous new law on “Protecting the Family through the Promotion of the Culture of Chastity and Hijab” was scheduled to come into force.
Khandan’s wife, Nasrin Sotoudeh, was herself one of many women who denounced the new law earlier this month, emphasizing that the law increases the punishment for women and girls aged 12 and older who do not wear hijab. In addition, it applies to online activities, resulting in large fines and lengthy prison sentences (up to 15 years), and even possible death sentences12. UN experts have demanded that the new law be repealed.
Reza Khandan and his family have been, and continue to be, victims of extreme judicial persecution. IR authorities must immediately and unconditionally rescind the summons and suspend the execution of the sentence against Khandan, drop all the charges against him and his wife Nasrin Sotoudeh, and cease the longstanding campaign of persecution of them and their family for their efforts to protect, inter alia, women from discrimination and humiliation to which they are subject in contravention of the principle of civilisation enshrined in Article 1 of the Universal Declaration of Human Rights, ratified by Iran in 1948, according to which “all human beings are born
free and equal in dignity and rights”, where dignity comes even before rights.
Likewise, recognizing the freedoms of thought, conscience, religion, expression, assembly and association, as well as the right to a fair trial, all of which are foundations of civilised existence, the international community, including the EU (given its ongoing dialogue with Iran), must condemn all forms of discrimination, persecution, and violence on the part of the IR – including the use of barbaric, often gratuitous and lethal force against peaceful protesters, brutal beatings, torture, and sexual violence, baseless arrests, meritless prosecutions, and sham trials and convictions, with draconian sentencing to flogging and long years of imprisonment in the most primitive, crowded
conditions – and, of course, executions.

We – the undersigned Colleagues, Magistrates, NGOs and civil society – stand united and resolute in denouncing the IR’s violations of fundamental rights and freedoms, and in supporting Iran’s courageous human rights defenders. We ask you, once again, for a firm, definitive, and incisive commitment to end the judicial harassment of Reza Khandan and Nasrin Sotoudeh, recalling the tenets of the UN Declaration on Human Rights Defenders and the UN Basic Principles on the Role of Lawyers, and States’ responsibilities enshrined therein.


If we do not defend human rights defenders, who will defend human rights?

We thank you for your attention and we rely on your prompt and effective intervention.
Best regards,

Avocats Européens Democrats / European Democratic Lawyers
Ordre des avocats francophones et germanophone de Belgique / Belgium
Barreau de Bordeaux – Bordeaux Bar Association / France
Barreau Pénal International – International Criminal Bar (BP
Consiglio Nazionale Forense – Italian National Bar Council / Italy
Defense Commission of the Barcelona Bar Association / Spain
Défense Sans Frontière – Avocats Solidaires / France
Deutscher Anwaltverein – German Bar Association / Germany
European Criminal Bar Association
European Association of Lawyers for Democracy & World Human Rights
Foundation Day of the Endangered Lawyer
International Association of People’s Lawyers (IAPL), Monitoring Committee on Attacks on Lawyers
International Bar Association’s Human Rights Institute (IBAHRI)
Institut des Droits de l’Homme du Barreau de Bordeaux / France
Institut des Droits de l’Homme, Barreau de Bruxelles / Belgium
Institut des Droits de l’Homme du Barraeau de Paris / France
Institut des Droits de l’Homme des Avocats Européens (IDHAE)
Magistrats Européens pour la Démocratie et les Libertés
New York City Bar Association / United States of America
Observatoire International des Avocats en Danger / International Observatory for Lawyers (OIAD)
Progressive Lawyers’ Association / Turkey
Rechtsanwaltskammer Berlin / Germany
Institute for the Rule of Law of the International Association of Lawyers (UIA-IROL)
Unione delle Camere Penali Italiane – Union of the Italian Criminal Chambers / Italy

Posted on

-Joint Statement – The International Legal Community Condemns the Detention of Attorney Şiar Rişvanoğlu

The undersigned organizations vehemently condemn the detention of Attorney Şiar Rişvanoğlu, who is registered with the Adana Bar Association and a member of the Progressive Lawyers Association (ÇHD), following a police raid on his residence and subsequent arrest at the Çukurova airport in Tarsus.

On the morning of 26 November 2024, authorities executed a raid at Attorney Rişvanoğlu’s home without his presence, as he was traveling by plane. Subsequently, he was detained directly from the Çukurova airport upon his arrival. Notably, the raid was conducted without the presence or oversight of a prosecutor or representative from the Adana Bar Association and was only witnessed by a local community leader. A confidentiality order was promptly issued, and Attorney Rişvanoğlu was subjected to a 24-hour restriction on communication with his defense team, complicating his right to a fair defense.

Attorney Rişvanoğlu’s health remains stable, and there have been no reports of mistreatment. However, the charges against him purportedly relate to membership of a ‘terrorist’ organization, and the circumstances surrounding his detention raise significant concerns regarding adherence to legal norms and human rights.

As a state party to the International Covenant on Civil and Political Rights and European Convention on Human Rights, Turkey has an obligation to ensure, inter alia, that no-one is subject to arbitrary arrest or detention.

Furthermore, in accordance with international standards, lawyers must be able to perform all their professional functions without intimidation, hindrance, harassment or improper interference; and shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognised professional duties, standards and ethics.

The arrest and detention of Attorney Rişvanoğlu are a clear violation of his human rights, including the right to a fair trial and must cease immediately. His rights must be safeguarded; he must be treated fairly and have full access to his lawyers.

Therefore, the undersigned organizations urge the Turkish authorities to: 1. Release Attorney Şiar Rişvanoğlu immediately.

  1. Immediately and unconditionally ensure that Attorney Şiar Rişvanoğlu is afforded a fair trial and that his legal rights are fully respected, including access to his legal team and disclosure of the accusations against him.
  2. Takeallnecessarymeasurestoguaranteetherightstodueprocessandaccessto justice for Attorney Şiar Rişvanoğlu.
  3. Guarantee,inallcircumstances,thatalllawyersinTurkeyareabletocarryout their professional duties without fear of reprisals, undue restrictions, or judicial harassment, in compliance with the United Nations Basic Principles on the Role of Lawyers.
  4. Ensure the rights of persons deprived of their liberty are respected at all times.

The undersigned organizations remind the prosecution office, relevant court and the Turkish authorities that the international community is closely monitoring the treatment of legal professionals in Turkey. The actions taken against Attorney Şiar Rişvanoğlu not only affect him but also impact the broader perception of justice and rule of law within the country.

The undersigned organizations will observe the ongoing process with strong attention.

AED-EDL (European Democratic Lawyers)

Centro di ricerca ed elaborazione per la democrazia

Syndicat des Avocats pour la Démocratie

The Law Society of England and Wales

Consiglio dell’Ordine degli Avvocati di Torino – Italia

International Bar Association’s Human Rights Institute (IBAHRI)

Legal Team Italia

VSAN (Association of Social Lawyers in the Netherlands)

Giuristi Democratici – Italy

Institut des Droits de l’Homme Barreau de Montpellier

Lawyers for Lawyers

Comissió de Defensa de l’Il·lustre Col·legi de l’Advocacia de Barcelona

European Association of Lawyers for Democracy & World Human Rights (ELDH)

International Association of People’s Lawyers (IAPL)

Republikanischer Anwältinnen- und Anwälteverein (RAV e.V.)

Vereinigung Demokratischer Juristinnen und Juristen e.V. (VDJ)

Deutscher Anwaltverein e.V.

Institut des Droits de L’Homme du Barreau de Bordeaux

Haldane Society of Socialist Lawyers

Unione delle Camere Penali Italiane, Italia

International Association of Democratic Lawyers

Basque Country Observatory of Human Rights

Défense Sans Frontière – Avocats Solidaires

the Dutch League for Human Rights.

Swiss Democratic Lawyers

Berlin Bar Association

International Observatory for Lawyers in Danger (OIAD)

Avocats sans frontières

Asociación Americana de Juristas

Download the statement

Posted on

On the arrest of lawyer Berdirhan Sarsılmaz

We, the AED-EDL European Lawyers’ Association, have come to know that on the 25th of October, lawyer Bedirhan Sarsılmaz was taken into custody. At the moment of his detention, lawyer Bedirhan Sarsılmaz, had just finished his plea as part of the defense counsel of his client and was exercising his profession.

Lawyer Bedirhan Sarsılmaz of the Istanbul bar association, is member of the ÖHD, an Association of Lawyers for Freedom, member organization of the AED-EDL, a confederation of lawyers’ associations sharing the same democratic ideals: to defend the rights of citizens by preserving the independence of lawyers.

The AED-EDL condemns this arrest, which is in clear violation with the fundamental principles of law and a direct intervention in the right of the defense as set out in the Havana Principles of 1990. These Basic Principles on the Role of Lawyers were adopted to protect lawyers during the exercise of their profession. The principles further provide, “Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.”

The AED-EDL considers the conditions of arrest of our colleague Bedirhan Sarsılmaz unacceptable and asks for his immediate release. We will continue to follow with attention.

Wednesday, 31st October 2024
Madrid, Paris, Berlin, Amsterdam, Rome, Brussels, Athens

Download the press statement

Posted on

Selçuk Kozağaçlı’s honorary presidency

The General Assembly of the European Democratic Lawyers (AED), which took place on February 16-17 2024, marked the beginning of a new era in the fight for fundamental principles such as the rule of law, human rights, and fair trial.

During this critical period, for the first time in the history of AED, a figure who had not previously served as president, Lawyer Selçuk Kozağaçlı, was elected as honorary president. Despite being unjustly and arbitrarily detained, Selçuk Kozağaçlı never wavered in his fight for justice. His imprisonment did not shake his determination and belief; on the contrary, it further strengthened the struggle for justice and freedom among many legal professionals.

Selçuk Kozağaçlı’s honorary presidency will clarify and strengthen AED’s path, which is based on the supremacy of law and the commitment to defending human rights. According to Selçuk Kozağaçlı, “Whether defendant or defense counsel, every lawyer in the courtroom is proof that this noble profession does not surrender to fascism, its underground judiciary, or its corrupt law.”

Our resistance against oppression, injustice, and tyranny will continue until victory is achieved!

Marseille, February 16-17, 2024

Posted on

Prisoners: Isolation, ill-treatment and torture

Jointly organized by ELDH, AED and MAF-DAD
Hosted by: Massimiliano Smeriglio
Member of the European Parliament (MEP)
11 April 2024 – 14.30-17.30 CET
Location: Brussels, European Parliament, Room: ASP3G3

Political Prisoners’ Rights in Europe: Examining examples and challenges.

The discussion will focus on the political prisoners’ situation particularly in Turkey. The aim of the discussion will be a better understanding of the difficult prison conditions and legal
challenges and identifying possible legal actions to ensure, protect and strengthening the political prisoners’ rights

Posted on

Report of an Independent International Fact-finding Mission to Turkey examining the Treatment of Lawyers Deprived of their Liberty and Observing Trial Proceedings 6-10 November 2023

Between 6 and 10 November 2023, an international delegation representing 27 law societies, bar associations, human rights groups and legal groups undertook a fact-finding mission to Turkey to interview eight lawyers who have been arrested and detained in circumstances that raise a range of human rights concerns.
The delegation also observed two court hearings, the first concerning the criminal proceedings against twelve lawyers who are members of the Association of Lawyers for Freedom (ÖHD) and the second a review hearing for the pre-trial detention of Ms Gülhan Kaya, a prominent
human rights lawyer.
The aim of the mission was to gather first-hand information on the circumstances of the arrest, imprisonment and trial of the lawyers, and their conditions and treatment in detention, and to assess these against Turkey’s obligations under international human rights law and customary law. The delegation also paid their respects at the grave of Ebru Timtik—a lawyer who died in detention in 2020 during a hunger strike in pursuit of the right to a fair trial.
The mission was undertaken due to concerns that lawyers in Turkey have faced interference when practicing their profession and have been identified with their clients and their client’s causes. This has resulted in many lawyers being subjected to intimidation, harassment,
arbitrary arrest and detention, unfair trials, torture and other ill-treatment. This has taken place in the context of a crackdown on human rights by the government in the aftermath of a failed
military coup attempt in July 2016. Following this event, the government declared a state of emergency, lasting two years, during which it suspended, detained, or fired nearly one-third of
the judiciary, who were accused of affiliation with the Gülen movement alleged to have been behind the attempted coup.
The Government has been using overly broad anti-terror laws to restrict a range of fundamental human rights including the rights to freedom of expression, peaceful assembly and association. Lawyers and human rights defenders have found themselves targeted under
these laws, including being charged with terrorism offences when taking on human rights cases and conducting their professional duties and advocacy.
The lawyers interviewed during the mission are part of a larger group of lawyers who have been prosecuted on various charges including “being a member of a terrorist organisation” and making “terrorist propaganda”. These lawyers are members of Ҫağdaş Hukukçular Derneği (ҪHD) – the Progressive Lawyers Association, whose legal services involve human
rights cases, including the representation of clients who are critical of the government of Turkey. ҪHD was dissolved by governmental decree on 22 November 2016, however the association members remained active. In October 2019 it was reopened, but a case was initiated to close it once more. The ҪHD was finally re-established in 2022. Most have also worked at the Halkın Hukuk Bürosu (HHB) – the Peoples` Law Office. The lawyers have been prosecuted in mass trials commonly known as the ÇHD I and ÇHD II trials.
The ÇHD I trial started in 2013, when 22 lawyers, who were ÇHD members, were arrested and charged with offences under anti-terrorism legislation. In 2017, a second criminal case was filed, the ÇHD II trial, against 20 lawyers. Eight of the lawyers in the second trial, namely
Oya Aslan, Naciye Demir, Günay Dağ, Şükriye Erden, Barkın Timtik, Selcuk Kozağaclı, Ebru Timtik, and Özgur Yılmaz, had also faced prosecution in the first trial. Both cases are based on the same evidence and charges, raising concerns that these trials violate the ne bis in idem
principle – the right not to be tried repeatedly on the basis of the same offence, act, or facts.

Read the full statement: Fact-finding mission

Posted on

Urgent request for intervention in favour of Mrs Nasrin Sotoudeh

To:
Ms. Margaret Satterthwaite
UN Special Rapporteur on the independence of judges
and lawyers
Email: hrc-sr-independencejl@un.org
Ms. Mary Lawlor
UN Special Rapporteur on the
situation
of Human Rights Defenders
Email: defenders@ohchr.org
Ms. Marija Pejčinović Burić
Secretary General of the Council of Europe
Fax: + 33 (0)3 88 41 27 99
Ms. Dunja Mijatović
Commissioner for Human Rights of the Council of
Europe
Email: commissioner@coe.int
Ms. Roberta Metsola
President of the European

The undersigned organizations urge you to take concrete and urgent action in the case of Nasrin Sotoudeh, prominent and well-known lawyer and human rights defender.
On Sunday, 29 October, the media broke the news that she had been arrested while attending the funeral of Armita Garavand, the 16-year-old girl who died after 28 days in a coma following her arrest by the infamous Morality Police in the Tehran metro.
She was taken along with other arrested women to the Vozara detention centre, the same one in which Mahsa Amini died last year.
She was scheduled to be heard in her case on Monday, 30 October, at Evin prison, but was not brought to court because she refused to wear a veil.
She was then taken to Qarchak prison, known for its poor conditions of detention, and is currently on a hunger strike in protest, refusing both essential medication for her health and visits.
The Iranian authorities must immediately and unconditionally free Nasrin Sotoudeh, drop all charges against her and stop persecuting her for her efforts to protect, inter alia, women from discrimination and humiliation to which they are subjected in contravention of the principle of civilization enshrined in Article 1 of the Universal Declaration of Human Rights, ratified by Iran in 1948, according to which ‘all human beings are born free and equal in dignity and rights’ where dignity comes even before rights.
Likewise, the international community, including the EU given its ongoing dialogue with Iran, must condemn all forms of violence, including executions, discrimination and persecution, recognizing the freedoms of thought, conscience, religion, expression, assembly and association, as well as the right to a fair trial, as foundations of civilized living.
We Colleagues, Magistrates, NGOs and civil society are united and resolute in denouncing these violations of fundamental rights and freedoms and support human rights defenders. We no longer need martyrs to mourn, but heroes whose examples are to be followed.
We request a concrete statement from you, a decisive commitment to end the judicial harassment of Nasrin Sotoudeh, recalling the tenets of the UN Declaration on Human Rights Defenders and the UN Basic Principles on the Role of Lawyers on the therein enshrined States’ responsibility.
If we do not defend human rights defenders, who will defend human rights?
We thank you for your attention and we look forward to your urgent and effective intervention.

Download the Statement