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Another lawyer from Turkey has been arrested! Free Seda Saraldı

LAWYERS’ ASSOCIATIONS PROTEST ARREST OF TURKISH LAWYER SEDA SARALDI

 

We, the undersigned international lawyers’ associations, have for many years condemned the Turkish government’s systematic attacks on lawyers and bar associations for representing people allegedly opposed to government policies.

 

Ten lawyers from the Peoples’ Law Office and other members of the Progressive Lawyers Association have been in prison for more than three years. Eighteen lawyers from the Progressive Lawyers Association were sentenced to a total of 159 years and 2 months imprisonment following an unjust trial. Their right to defense and right to a fair trial were violated from the beginning to the end. The Turkish Supreme Court recently affirmed the unlawful convictions for fifteen of the accused lawyers.

 

During their incarceration, lawyers Ebru Timtik and Aytac Ünsal mounted a hunger strike to protest the unlawfulness of their convictions and demanded a fair trial for themselves and for every other person arrested. Tragically, Ebru Timtik died on the 238th of the day of her hunger strike.

 

Seda Saraldi, another lawyer who is a member of Progressive Lawyers Association and worked in the Peoples` Law Office as the intern of Ebru Timtik, was detained on 28 October, together with 101 clients of her office. Saraldi was arrested at her family’s home at midnight. According to her defense lawyers, the police broke the door of the house and Saraldi was subjected to violence during her arrest.

 

After finishing her internship, Saraldi began working as an attorney in the Peoples` Law Office. She was one of the lawyers campaigning for the freedom of Ebru Timtik and Aytac Ünsal. During the one year she has practiced law, Saraldi has represented hundreds of vulnerable people, including the imprisoned lawyers.

The Turkish government does not follow its domestic law, and it also systematically violates the Basic Principles on the Role of Lawyers (known as the Havana Principles). Under these principles,

“Governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference.” In addition, “Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.” But it is the Turkish government that is threatening the security of these lawyers for discharging their functions. And, the principles provide, “Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.”

Governments are obliged to remove the obstacles to the professional activity of lawyers and they should prevent any kind of harrasment or unlawful interference against lawyers. However, in Turkey the harrasment of the legal profession has become the policy of the government itself.

 

We demand again that the Turkish government live up to its obligations under the law. We also demand the immediate release of Seda Saraldi and all the other detained lawyers. Turkey must stop harrasing lawyers and bar associations who are on the front lines of providing the right to defense.

 

International Association of Democratic Lawyers (IADL)

European Democratic Lawyers (EDL – AED)

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

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AED/EDL IN SUPPORT OF THE SPANISH LAWYERS ISABEL ELBAL AND GONZALO BOYE

AED/EDL would like to proclaim its support for our colleagues, the Spanish lawyers Gonzalo Boye and Isabel Elbal, concerning the suspicious attacks they have suffered in their offices, which have been burglarized twice in 9 months, stating the following:

1.- First and foremost, we must recall that lawyers should not be identified with their clients, or with the causes they defend, since such confusion is detrimental to the independence and dignity of lawyers and the whole legal profession, and ultimately affects the right of defense itself as a fundamental right.

This circumstance was already acknowledged in The Basic Principles on the Role of Lawyers, approved at the Eighth United Nations Congress on the Prevention of Crime and Treatment of Offenders, held in Havana (Cuba), from the 27th of August to the 7th of September 1990, which establishes in its guarantee n° 18 that “Lawyers will not be identified with their clients or with the causes of their clients as a consequence of the performance of their duties”. Furthermore Resolution 26/7 (10th july 2014) of the United Nations Human Rights Council (UNHRC- A/HRC/RES/26/7) (2) provides in its point n° 104 that “It must be prohibited to assimilate lawyers and their clients or their causes and to express anticipation for the adoption of measures aimed at preventing such assimilation“.

 

2.- Regardless of the foregoing, we express our most outright rejection of all the intimidating, threatening or humiliating messages that lawyers have been receiving in recent times due to their practice of the legal profession, and specifically in the case of our colleagues because of their work as defense lawyers of clients linked to the so-called Catalonian “procés”. Likewise, we strongly reject such illegitimate attacks, and show our solidarity and support to the recipients.

 

3.- We reiterate the need for legal professionals, and specifically lawyers, to be able to develop their constitutional function with the most absolute freedom and autonomy, without which, it is impossible to speak of the rule of law and of the existence of fair trials without discrimination.

 

 

Madrid, Barcelona, Paris, Rome, Berlin, Brussels, Amsterdam

3rd of October 2020

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Open statement in connection with the detention of Belarusian lawyers Ilya Salei and Maksim Znak

September 10, 2020

We express our deep concern at the detention of lawyers Ilya Salei and Maksim Znak on September 9, 2020, in Belarus, in a criminal case which is undeniably politically motivated. We consider this to be a gross violation and interference with their professional legal activities and with their rights to express professional opinions, as established by international legal standards. This case is a direct consequence of a dire situation, problems and violations of professional rights of attorneys and lawyers and overall functioning of the legal profession in the Republic of Belarus. These problems were highlighted by both international organizations and representatives of the legal community before.[1]

According to information posted on the website of the Main Investigation Department of the Investigative Committee of the Republic of Belarus, “the investigation of the criminal case opened by the General Prosecutor’s Office of the Republic of Belarus under Part 3 of Art. 361 of the Criminal Code of the Republic of Belarus. At the moment, in the course of the investigation, evidence has been obtained that testify to the commission by individuals of a non-governmental organization called the Coordination Council, actions aimed at destabilizing the socio-political, economic situation and public awareness in the country, causing harm to the national security of the Republic of Belarus. These actions were carried out using the media and internet resources. With regard to the suspects Maria Kolesnikova and Maksim Znak, with the approval of the prosecutor, a preventive measure was chosen in the form of detention. Ilya Salei was also detained on suspicion of committing this crime.”[2]

However, detained Ilya Salei is a lawyer of Maria Kolesnikova, one of the leaders of the Belarusian protest movement and a member of the Presidium of the Coordination Council, who is also in jail.[3] Second detained lawyer Maksim Znak was representing Viktor Babariko, who ran for the President of the Republic of Belarus, but was not allowed to register as a candidate and was recognized as a political prisoner. Maksim Znak was also an attorney for the former presidential candidate Svetlana Tikhanovskaya, on whose behalf he created the Coordination Council. As a member of the Presidium of the Coordinating Council, Maxim Znak was providing legal assistance as an attorney. Maxim Znak’s lawyer Dmitry Laevsky notes: “all his statements, appeals, comments were public, transparent, their content was absolutely legal and did not carry any illegal intentions.”[4]

We would like to emphasize that, in accordance with the United Nation’s Basic Principles on the Role of Lawyers[5], governments must ensure that lawyers can perform all of their professional functions without intimidation, hindrance, harassment, or improper interference. Lawyers, like other citizens, are entitled to freedom of expression, belief, association and assembly. In particular, they have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights, and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful actions or their membership in a lawful organization.

The Belarusian Helsinki Committee appealed to the UN Special Rapporteur on the independence of judges and lawyers with a report about the situation of lawyers Maksim Znak and Ilya Salei.[6] The report called for urgent action to be taken in connection with the detention of the lawyers and requested to send an urgent message to the Government of Belarus on the need to comply with the Basic Principles concerning the role of lawyers.

Belarusian lawyers and jurists have made an open statement in connection with the detention of their colleagues.[7]

We also demand from the authorities of the Republic of Belarus to:

– immediately release lawyers Maksim Znak and Ilya Salei and comply with international legal standards of the independence of legal profession and the exercise of the right to defense;

– stop the persecution of lawyers and attorneys who are exercising their constitutional right of free expression by expressing their opinions[8] while performing professional functions;

– strictly observe the provisions of Art. 62 of the Constitution of the Republic of Belarus: “everyone has the right to exercise and protect rights and freedoms, including the right to use at any time the assistance of lawyers and their other representatives in court, other state bodies, local government bodies, at enterprises, institutions, organizations, public associations and in relations with officials and citizens. Opposition to the provision of legal assistance in the Republic of Belarus is prohibited by law.”[9]

Download in English and Russian

Signatories:

  1. Helsinki Foundation for Human Rights, Poland
  2. ARTICLE 19, United Kingdom
  3. The Council of Bars and Law Societies of Europe
  4. The Bar Association of Luxembourg
  5. The Swedish Bar Association
  6. The French and German speaking bars association of Belgium AVOCATS.BE
  7. The European Association of Lawyers AEA-EAL
  8. Lawyers for Lawyers, The Netherlands
  9. FIDH – International Federation for Human Rights
  10. Lawyers’ Committee for Human Rights YUCOM, Serbia
  11. OMCT World Organisation Against Torture
  12. Human Rights House Foundation, Norway
  13. Centre de la protection internationale, France
  14. Human Rights Monitoring Institute, Lithuania
  15. International Partnership for Human Rights (IPHR), Belgium
  16. The Norwegian Helsinki Committee
  17. Freedom Now, USA
  18. Crude Accountability, USA
  19. All-Ukrainian Association of Lawyers Providing Free Legal Aid – Odesa Division, Ukraine
  20. Center for the Development of Democracy and Human Rights, Russia
  21. Pskov Regional Human Rights Environmental Public Movement “Svobodnyi Bereg”, Russia
  22. Kharkiv Regional Foundation Public Alternative, Ukraine
  23. German-Russian Exchange in St. Petersburg
  24. Stichting CAAT Projects, The Netherlands
  25. MEMORIAL Deutschland e. V. Haus der Demokratie und Menschenrechte, Germany
  26. Legal Policy Research Center, Kazakhstan
  27. Public Association Dignity, Kazakhstan
  28. Human Rights Movement “Bir Duino-Kyrgyzstan”
  29. Belarusian Helsinki Committee
  30. Human Constanta, Belarus
  31. Center for Participation and Development, Georgia
  32. Helsinki Citizens’ Assembly – Vanadzor, Armenia
  33. Association of Ukrainian Human Rights Monitors on Law Enforcement, Ukraine
  34. SOVA Center for Information and Analysis, Russia
  35. Souchastiye v Sud’be, Blagotvoritel’nyy Tsentr, Russia
  36. Human Rights Embassy, Moldova
  37. Libereco Partnership for Human Rights, Germany
  38. Public Verdict Foundation, Russia
  39. Human Rights Group “Grazhdanin, armia, pravo”, Russia
  40. DRA – German-Russian Exchange, Germany
  41. Social Action Centre, Ukraine
  42. Helsinki Committee of Armenia
  43. Helsinki association, Armenia
  44. Macedonian Helsinki Committee
  45. Swedish OSCE-network
  46. Albanian Helsinki Committee
  47. Bulgarian Helsinki Committee
  48. Women of the Don, Russia
  49. Moscow Helsinki Group, Russia
  50. Human Rights House Zagreb, Croatia
  51. Human Rights Center, Georgia
  52. Mogilev Human Rights Center, Belarus
  53. Netherlands Helsinki Committee
  54. Human Rights Center ZMINA, Ukraine
  55. The Barys Zvozskau Belarusian Human Rights House
  56. “Ekumena” Center, Belarus
  57. Youth Memorial – Perm, Russia
  58. Human Rights House in Chernihiv, Ukraine
  59. The Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims
  60. Östgruppen – Swedish initiative for democracy and human rights, Sweden
  61. IDP Women Association Consent, Georgia
  62. Kazakhstan International Bureau for Human Rights and the Rule of Law, Kazakhstan
  63. Czech Bar Association, The Czech Republic (tbc)
  64. Civil Initiative Against Lawlessness in Courts and Prosecutor’s Office, Belarus
  65. AED-EDL (Avocat.e.s Européennes Démocrates / European Democratic Lawyers), Barcelona, Spain
  66. Freedom House, USA
  67. Independent Social Ecological Movement – NESEHNUTI, Brno, The Czech Republic
  68. Stichting CAAT Projects, the Netherlands
  69. La Asociación Libre de Abogados, Spain
  70. RAW for Women and Girl Survivors of War (Raw in War)
  71. Citizens Network Watchdog, Poland
  72. ORDRE DES AVOCATS DE PARIS / Paris Bar, France
  73. The Сouncil of the Warsaw Bar Association of Advocates, Poland
  74. Russian LGBT Network
  75. Board of the EU-Russia Civil Society Forum
  76. Freedom of Religion and Believe – FORB, Belarus
  77. Human Rights Center Memorial, Russia

[1] See https://www.hfhr.pl/en/report-on-the-situation-of-legal-profession-in-belarus/ https://probusiness.io/law/7462-kogda-slesari-bastuyut-advokatam-stydno-molchat-obrashchenie-advokatskogo-soobshchestva-belarusi.html, https://fondadvokatov.ru/belarus

[2] See https://sk.gov.by/ru/news-ru/view/sledstvennym-komitetom-prodolzhaetsja-rassledovanie-ugolovnogo-dela-o-publichnyx-prizyvax-k-dejstvijam-9248/

[3] Coordination Council – public initiative, created with the goal of overcoming political crisis in Belarus and ensuring peace and understanding, and also for protection of sovereignty and independence of the republic of Belarus. More information about the Council please see https://rada.vision/en

[4] See https://news.tut.by/economics/699898.html

[5] Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990, see https://www.un.org/ru/documents/decl_conv/conventions/role_lawyers.shtml

[6] See https://belhelcom.org/be/node/1244

[7] https://news.tut.by/economics/699922.html

[8] Article 33 of the Constitution of the Republic of Belarus https://kodeksy-by.com/konstitutsiya_rb/33.htm

[9] See https://kodeksy-by.com/konstitutsiya_rb/62.htm

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OBITUARY – Ebru Timtik will always be in our minds and hearts!

Ebru passed away yesterday after 238 days on Hunger Strike. She fought until her last breath for the right to a fair trial and independence of lawyers. The Turkish State is responsible because it ignored her claims.

Last October we visited her and the other colleagues of the ÇHD in Silivri hight security prison (near Istanbul) with an International Delegation of lawyers, we spoke with her about her determination to continue denouncing all forms of injustice.

We know that the right to a fair trial has been violated in the so called ÇHD2 Case. We have seen, observing the trial, that the Court was unfair. The lawsuit was a masquerade (not enforcing procedural rules, nonsense statements of a secret witness were the base of the decision, and the verdict was given before the right of defence was exercised). The international delegation of Lawyers, in which AED-EDL and the Foundation Day of Endangered Lawyer participated monitoring the trial, has been expulsed from the Courtroom before the last statement was given by the defence lawyers and before the final decision.

The denying of the demand Ebru made for a fair trial made her choose the way of a hunger strike. This hunger strike was not meant as a special request for herself but for the whole profession of lawyers and for the Kurdish and Turkish people. When her situation was already very grave on the 14th of August a request to release Ebru and her colleague Aytaç Unsal was denied by the Constitutional Court of Turkey.

Everyone has to know that the death of Ebru could have been prevented. For all of us, her death will be remembered as a shame for the Turkish Judiciary.

The lesson we can obtain of Ebru’s death is that we must be more conscious to fight for fundamental Rights in Turkey and other Countries. Her action will help and motivate us to defend the right to a fair trial.

Ebru, your life was brilliant, your death is very sad, and your example is a light in this time of troubles in Turkey!

 

Rest in peace, our sister.

 

28.08.2020

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Don’t Touch Pakistani Lawyers!

French version below

 

The Day of the Endangered Lawyer is an initiative born in 2012 to highlight the plight of our colleagues in different parts of the world. In many countries, lawyers exercicing the profession are under threat for their work.

On the 24th of January 2020 we will be demonstrating in front of Pakistani embassies in Europe to shed light on the harrasment of lawyers in this country.

Over the past several years lawyers in Pakistan have been subjected to acts of mass terrorism, murder, attempted murder, assaults, (death) threats, contempt proceedings, harassment and intimidation in the execution of their professional duties. They have also been arrested, detained or tortured, and in some cases the family members of the murdered lawyer have also been murdered.  Some lawyers have been threatened with disbarment or had their homes raided by the police.  Sometimes Christian lawyers or members of minority sects have been assaulted or threatened with death.  The most notorious attack on Pakistani lawyers occurred on August 8, 2016 when terrorists attacked the Government Hospital of Quetta with a suicide bombing and shooting which resulted in the death of 56 lawyers. Since there has been an alarming increase in the number of lawyers murdered, with nine reported over the past year. More recently Saif-ul-Malook received serious death threats for representing Asia Bibi, who had been sentenced to death for blasphemy, as a result of which he was forced to flee temporarily to the Netherlands.

The perpetrators of these attacks have been terrorists, religious zealots, the police and unreported sources. There have also been reports that pro-government militias (which still exist today) have been behind some of the murders, and in some cases lawyers have been killed because they are Shia. In response to these repeated attacks, Pakistani lawyers frequently strike, demonstrate, protest and hold boycotts.

The life of a lawyer is at risk the moment he or she takes up a case. It does not matter if it is the opposing party or the very party that the lawyer is representing.

Read the report: in English or in French

and see you on the 24th of January in front of the Pakistani embassy.

 

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La Journée de l’avocat menacé est une initiative née en 2012 pour dénoncer la situation critique de nos collègues dans différentes pays du monde. Dans de nombreux pays, les avocats exerçant la profession sont gravement menacés pour leur travail.

Le 24 janvier 2020, nous manifesterons devant les ambassades pakistanaises en Europe pour faire la lumière sur le harcèlement des avocats dans ce pays.

Ces dernières années, les avocats pakistanais ont fait l’objet d’actes de terrorisme, de meurtre, de tentatives de meurtres, d’agressions, de menaces de mort, de harcèlement judiciaire, de procédure d’outrage et d’intimidation dans l’exercice de leurs fonctions professionnelles. Ils ont également été arrêtés, détenus ou torturés et leur familleest parfois également prise pour cible. Certains avocats ont été menacés de radiation ou ont vu leur maison perquisitionnée par la police.Des avocats chrétiens ou d’autres minorités ont été agressés ou menacés de mort. L’attaque la plus célèbre à l’encontre des avocats pakistanais a eu lieu le 8 août 2016 lorsque des terroristes ont fait exploser l’hôpital gouvernemental de Quetta lors d’un attentat-suicide qui a entrainé la mort de 56 avocats.

Depuis, le nombre d’avocats assassinés a augmenté de façon alarmante, neuf d’entre eux ayant été assassinés au cours de la dernière année

Le rapport: en Anglais ou en Français.

Rendez-vous le 24 janvier devant l’ambassade du Pakistan!

 

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European Fact-finding mission to clarify the circumstances leading to the conviction of 18 Turkish lawyers

A group of 15 lawyers from 7 European countries met in Istanbul from 13 till 15 October 2019 for a fact-finding mission to clarify the legal circumstances that led to the conviction of 18 Turkish lawyers by the 37th High Criminal Court in March of this year, resulting in long prison sentences.

There are currently two mass trials in Turkey against members of the Turkish lawyers’ organisation ÇHD Çagdas Hukukçular Dernegi (Progressive Lawyers Association). In the first trıal, which opened in 2013, 22 lawyers are accused (CHD I proceedings). In the second, which was opened in autumn 2018, 20 lawyers have been accused (CHD II proceedings). Eight of the lawyers accused in both cases are identical, with the same accusation of being a member of a terrorist group. In the second trial in March 2019, 18 defendants were sentenced to between 3 and 18 years and 9 month imprisonment.  The chairman of the ÇHD was sentenced to 11 years and 3 months. All lawyers were convicted for activities connected with their professional functions and were identified with their clients’ causes. Istanbul Regional Court has rejected the appeal without an oral hearing. All of them will seize the Supreme Court.

The European lawyers come from Belgium, Catalonia/Spain, Greece, Germany, France, UK, Italy and Austria. They represent, among others, two international association of lawyers, two European lawyers’ organisations, the European umbrella association of bar associations, various national and regional bar associations and lawyers’ organisations.

Most of the European lawyers have already participated as observers in the mass trials of lawyers in Turkey and other politically motivated proceedings. Their main focus was on the question of whether Turkish and European law was violated in the proceedings. The results of these observations were recorded in reports.

The observations of the two CHD trials as well as numerous other politically motivated trials in Turkey, raised serious concerns about the respect for the rights of the accused and the defence lawyers. This was particularly the case with the 37th Heavy Criminal Court in Istanbul. Among other cases, it was in charge of the proceedings against Selahattin Demirtaş (one of the two HDP presidents), Canan Kaftancioglu (the Istanbul CHP president), Ahmet Altan (writer and journalist), Şebnem Korur Fincancı (the president of the Human Rights Foundation of Turkey and one of the academics for peace), İhsan Eliaçık (theologian and author).

During their stay in Istanbul, the European lawyers held talks with the defence lawyers of the 18 Turkish lawyers convicted, with 4 lawyers imprisoned in Silivri, including the chairman of the Turkish lawyers’ organisation CHD, Selçuk KOZAGAÇLI, with defence lawyers from other politically motivated trials before the 37th High Criminal Court (see above), with the President of the Istanbul Bar Association, and with members of the Turkish Parliament.

They have also examined the question, taking into account the reasons for the judgement,

  • the extent to which the independence of the court was respected in the proceedings
  • whether the principle that no one should be tried twice for the same offence has been respected (ne bis in idem)
  • whether the principles of a fair trial applicable under Turkish and European law have been respected
  • whether the evidence satisfied the legal requirements

Following their visit, the observers will record the results of their visit in a report, draw the necessary legal conclusions and ask the Turkish Minister of Justice for an interview to present the results of their visit and their conclusions.

Represented organisations:

  • ELDH – European Association of Lawyers for Democracy and World Human Rights
  • AED-EDL – European Democratic Lawyers
  • The foundation The Day of the Endangered Lawyer
  • IADL – International Association of Democratic Lawyers
  • Progress Lawyers Network
  • Giuristi Democratici
  • CCBE The Council of Bars and Law Societies of Europe
  • French National Bar Council
  • OIAD – Observatoire International des Avocats (The International Observatory of Endangered Lawyers)
  • Unione Camere Penali Italiane
  • Consiglio Nazionale Forense (Italian National Bar Association) .
  • DSF AS – Défense Sans frontière – Avocats Solidaires
  • UIA (International Association of Lawyers);
  • OBFG/Avocats.be (Association of French speaking Bars of Belgium)
  • Paris Bar Association
  • Athens Bar Association
  • Barcelona Bar Association
  • Berlin Bar Association
  • Brussels (French-speaking) Bar Association
  • Brussels (Dutch-speaking) Bar Association (NAOB)
  • Liège Bar Association
  • Vienna Bar Association

 

This is a link from the web site of Pir News Agensa which participated the press statament (only in Turkish) It includes the video recording of the conference.

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International Statement of Solidarity

4 October 2019 – We, the undersigned organizations, are deeply shocked by the brutal killing of our Dutch colleague Derk Wiersum. We extend our deepest condolences to Mr. Wiersum’s family, friends, colleagues and all others affected by his death.

Mr. Wiersum, a well-respected lawyer and deputy judge, was shot in broad daylight right outside his house in Amsterdam in the early morning of 18 September 2019. He was representing a crown witness in the so-called Marengo-trial, a high-profile criminal case against members of an organization accused of several murders and attempted murders in the last couple of years. Although the events are still being investigated, it is assumed and highly likely that the death of Mr. Wiersum is related to his work as a lawyer.

This killing of a lawyer, apparently in connection with his work, raises serious concerns for the safety of lawyers and poses a threat to the proper functioning of the rule of law and the adequate protection of rights, including the right to remedies and fair trial.

Lawyers, as well as judges and prosecutors, should be able to do their work freely and independently. The UN Basic Principles on the Role of Lawyers specify that “[w]here the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities” (principle 17).

We welcome the prompt and public condemnation of this crime and the immediate measures taken by the Dutch authorities to initiate an investigation, which should lead to the identification and prosecution of the perpetrators. We also welcome that measures were taken promptly and immediately to protect lawyers and all others who need protection in the Marengo-case. We expect that the Dutch authorities will do everything in their power to ensure that lawyers can do their work safely, freely, and independently in all circumstances.

We stand in solidarity with all colleague-lawyers, judges and prosecutors in the Netherlands, who are at risk for simply doing their job.

Organizations

 

Download the press statement here

 

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DECLARATION

Haarlem, September 18, 2019

 

The Board and the Coordinator of the Foundation Day of the Endangered Lawyer are deeply shocked by the horrifying murder attack this morning in Amsterdam on the human rights lawyer Derk Wiersum, based in Amsterdam, the Netherlands. Our thoughts are with his family members and friends.

 

Our Foundation notes that this murder is also an attack on the State of Law and the Rule of Law. We wonder how the protection or the safety of this very fine colleague was taken care of by the State, especially because he had been threatened recently as a lawyer in the ‘crown witness case’.

We wonder how it is possible that the fact that our wonderful colleague gave legal aid can lead to this murder attack?

The United Nations principles on the role of lawyers not only strongly condemn all attacks on lawyers who perform their professional duty, but also urge states to guarantee the safety of lawyers and take all necessary measures to reach that goal. Furthermore, we see the attack on our colleague as very inhumane and urge the Dutch government to start a thorough investigation to those who ordered and committed this murder.

 

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THE PHILIPPINES: ATTACKS AGAINST LAWYERS ESCALATING

Texte en français

17 September 2019

We, the undersigned organizations, lawyers, and members of the legal profession, express deep concern over the increasing attacks against lawyers in the Philippines and the oppressive working environment they face since the start of President Duterte’s administration. We call on the Duterte Government to adequately protect the safety and independence of lawyers and end the culture of impunity in which these attacks occur.

Extrajudicial killings and harassment of lawyers

Since President Duterte took office on June 30, 2016, the number and intensity of attacks against lawyers have increased significantly. At least 41 lawyers and prosecutors were killed between July 2016 and 5 September 2019, including 24 practicing lawyers. Lawyers are also harassed and intimidated. They are subjected to (death) threats, surveillance, labelling, and other forms of attacks. In addition, at least five judges and retired judges have been murdered since July 2016, bringing the total number of jurists extrajudicially killed in the Philippines to at least 46 in the same period. Eight jurists survived attacks on their life.

Lawyers at risk

Most killings and attacks of lawyers took place as a result of discharging professional duties or are believed to be otherwise work-related. Especially at risk are lawyers representing people accused of terrorist or drug related crimes, or government critics, such as journalists, political opposition leaders, and human rights defenders. Lawyers providing legal representation in high-profile cases impacting established interests, such as land reform, or lawyers taking part in public discussion about human rights issues, also face reprisals.

Grave implications of threats and labelling

United Nations High Commissioner for Human Rights, Michelle Bachelet, recently noted that senior officials of the Government of the Philippines have threatened lawyers and others who have spoken out against the administration’s policies, and she added that this “creates a very real risk of violence against them, and undermines rule of law, as well as the right to freedom expression”.

Prior to being attacked, some lawyers were labelled as “communist” or “terrorist” by state agents. The practice of labelling (i.e. classifying persons as “enemies of the state” or otherwise) combined with the culture of impunity was identified by national and international fact-finding missions as one of the main root causes of extrajudicial killings in the Philippines in the past and continues unabated.

Sharp deterioration of human rights

The attacks against lawyers, prosecutors and members of the judiciary and the extrajudicial killings of other human rights defenders in the Philippines during the past three years have occurred within the context of the so-called war on drugs and are being carried out across the country in an apparent climate of institutional impunity.

Concerned with the sharp deterioration of the human rights situation, eleven UN human rights experts, in a 7 June 2019 press release, called on the UN Human Rights Council to establish an independent investigation into human rights violations committed in the Philippines. “

Culture of Impunity

The UN experts also noted that “the Government has shown no indication that they will step up to fulfil their obligation to conduct prompt and full investigations into these cases, and to hold perpetrators accountable in order to do justice for victims and to prevent reoccurrence

Consequences

The attacks against and extra-judicial killings of lawyers and the impunity shielding perpetrators impair the ability of lawyers to provide effective legal representation, make lawyers increasingly wary of working on sensitive cases, and consequently severely undermine the proper functioning of the rule of law and the adequate protection of rights, including the right to remedies and fair trial.

International obligations

According to the United Nations Basic Principles on the Role of Lawyers (Basic Principles), States should ensure that all persons within their jurisdiction have effective and equal access to lawyers of their own choosing, and that lawyers are able to perform their professional functions without intimidation, hindrance, harassment or improper interference. The Basic Principles require that lawyers are adequately protected when their security is threatened because of carrying out their legitimate professional duties, and not be identified with their clients or their clients’ causes. The Basic Principles affirm that lawyers, like other citizens, are entitled to freedom of expression and assembly. The duty to respect and guarantee these freedoms forms an integral part of the Philippines’ international legal obligations under the International Covenant on Civil and Political Rights.

Recommendations

In view of the above, the undersigned organizations and individuals urge the Government of the Philippines to:

  1. Investigate promptly, effectively, thoroughly and independently all extrajudicial killings and attacks against lawyers, and other jurists, with the aim of identifying those responsible and bringing them to justice in proceedings that respect international fair trial standards;
  1. Take all reasonable measures to guarantee the safety and physical integrity of lawyers, including the provision of adequate protection measures, in consultation with the persons concerned;
  2. Consistently condemn all forms of threats and attacks against lawyers publicly, at all political levels and in strong terms; and,
  3. Fully comply with and create awareness about the core values underlying the legal profession, amongst others by bringing the UN Basic Principles on the Role of Lawyers to the attention of relevant stakeholders, especially members of the executive, police, and the military.

Download the press statement

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PHILIPPINES: ESCALADE DES ATTAQUES CONTRE LES AVOCATS

17 Septembre 2019 –

Nous, les organisations, avocats et membres des professions juridiques soussignés, exprimons notre profonde préoccupation face aux attaques croissantes contre les avocats aux Philippines et à l’environnement de travail oppressif auquel ils sont confrontés depuis le début de l’administration du président Duterte. Nous appelons le gouvernement Duterte à protéger de manière adéquate la sécurité et l’indépendance des avocats et à mettre fin à la culture d’impunité dans laquelle ces attaques se produisent.

Assassinats extrajudiciaires et harcèlement d’avocats

Depuis l’entrée en fonction du président Duterte le 30 juin 2016, le nombre et l’intensité des attaques à l’encontre d’avocats ont considérablement augmenté. Au moins 40 avocats et procureurs ont été tués entre juillet 2016 et le 29 juillet 2019, dont 24 avocats en exercice. Les avocats sont également harcelés et intimidés. Ils sont soumis à des menaces (de mort), à une surveillance, à un étiquetage et à d’autres formes d’attaques. En outre, au moins cinq juges et juges à la retraite ont été assassinés depuis juillet 2016, ce qui porte le nombre total de professionnels du droit tués de manière extrajudiciaire aux Philippines à au moins 46 au cours de la même période. Sept juristes ont survécu à des attaques visant leur vie.

Les avocats en danger

La plupart des assassinats et des attaques contre les avocats ont eu lieu dans le cadre de l’exercice de leurs fonctions professionnelles ou sont apparemment liés à leur profession. Les avocats représentant des personnes accusées de crimes liés au terrorisme ou à la drogue, ou critiquant la politique ou le comportement du gouvernement, tels que les journalistes, les dirigeants de l’opposition politique et les défenseurs des droits de l’homme sont particulièrement exposés. Les avocats assurant une représentation juridique dans des affaires très médiatisées ayant un impact sur des intérêts établis, tels que la réforme agraire, ou les avocats prenant part au débat public sur des questions relatives aux droits de l’homme, sont également victimes de représailles.

Graves implications des menaces et de l’étiquetage

La Haut-Commissaire des Nations Unies aux droits de l’homme, Michelle Bachelet, a récemment noté que de hauts responsables du gouvernement philippin avaient menacé des avocats et d’autres personnes qui s’étaient exprimés contre les politiques de l’administration. Elle a ajouté que cela “crée un risque très réel de violence contre eux et une atteinte à l’État de droit, ainsi qu’au droit à la liberté d’expression ».

Avant d’être agressés, certains avocats ont été qualifiés de « communistes » ou de
« terroristes » par des agents de l’État. La pratique de l’étiquetage (c’est-à-dire la classification des personnes comme « ennemi de l’État » ou similaire) combinée à la culture de l’impunité a été identifiée par les missions d’enquête nationales et internationales comme l’une des principales causes des exécutions extrajudiciaires perpétrées aux Philippines dans le passé et qui continue à exister sans relâche.

Forte détérioration des droits de l’homme

Les attaques contre des avocats, ainsi que des procureurs et des membres du système judiciaire, ainsi que l’assassinat extrajudiciaire d’autres défenseurs des droits de l’homme aux Philippines au cours des trois dernières années se sont déroulés dans le cadre de la

prétendue guerre contre la drogue lancée à travers le pays dans un climat apparent d’impunité institutionnelle.

Préoccupés par la forte détérioration de la situation des droits de l’homme, onze experts des droits de l’homme des Nations Unies ont, dans un communiqué de presse du 7 juin 2019, exhorté le Conseil des droits de l’homme des Nations Unies à ouvrir une enquête indépendante sur les violations des droits de l’homme commises aux Philippines. « Au lieu d’ [le gouvernement] envoyer un message fort que ces assassinats et ce harcèlement sont inacceptables, il y a une rhétorique croissante contre les voix indépendantes dans le pays et des actes d’intimidation et d’attaques continues contre des voix qui critiquent le gouvernement, y compris les médias indépendants, les défenseurs de droits de l’homme, avocats et journalistes “, ont déclaré les experts.

Culture de l’impunité

Les experts des Nations Unies ont également noté que « le gouvernement n’a montré aucun signe indiquant qu’il s’acquitterait de son obligation de mener rapidement des enquêtes approfondies sur ces affaires et de tenir les auteurs présumés responsables afin de rendre justice aux victimes et d’éviter que les violations ne se reproduisent. »

Conséquences

Les attaques et les exécutions extrajudiciaires d’avocats et l’impunité qui protège les auteurs compromettent la capacité des avocats de représenter efficacement leurs clients, ce qui rend les avocats moins enclins à travailler sur des affaires délicates et ce qui porte donc gravement atteinte au bon fonctionnement de l’État de droit, au respect du droit et à la protection adéquate des droits, y compris le droit à un recours et à un procès équitable.

Obligations internationales

Selon les Principes de base des Nations Unies relatifs au rôle du barreau (Principes de base), les États devraient veiller à ce que toutes les personnes relevant de leur juridiction aient un accès effectif et égal aux avocats de leur choix et à ce que ces derniers puissent exercer leurs fonctions professionnelles sans intimidation, entrave, harcèlement ou ingérence indue. Les Principes de base exigent que les avocats soient protégés de manière adéquate lorsque leur sécurité est menacée en raison de l’exercice de leurs obligations professionnelles légitimes, et ne soient pas identifiés à leurs clients ou aux causes de leurs clients. Les Principes de base affirment que les avocats, comme les autres citoyens, ont droit à la liberté d’expression et de réunion. L’obligation de respecter et de garantir ces libertés fait partie intégrante des obligations juridiques internationales des Philippines en vertu du Pacte international relatif aux droits civils et politiques.

Recommandations

Au vu de ce qui précède, les organisations et personnes soussignées exhortent le gouvernement des Philippines à :

  • Enquêter rapidement, efficacement, de manière approfondie et indépendante sur tous les meurtres extrajudiciaires et les attaques contre des avocats et autres juristes, dans le but d’identifier les responsables et de les traduire en justice dans le cadre d’une procédure respectant les normes internationales en matière d’équité des procès.
  • Prendre toutes les mesures raisonnables pour garantir la sécurité et l’intégrité physique des avocats, y compris par la mise en place de mesures de protection appropriées, en consultation avec les personnes concernées.
  • Condamner systématiquement et publiquement toutes les formes de menaces et d’attaques dirigées contre les avocats, à tous les niveaux politiques et avec force, et
  • Respecter pleinement les valeurs fondamentales de la profession juridique et créer une sensibilisation, notamment en attirant l’attention des parties prenantes concernées, en particulier des membres de l’exécutif, de la police et de l’armée, sur les Principes de base des Nations Unies sur le rôle du barreau.

Texte en français