Algeria: The OIAD stands by François Zimeray against unacceptable interference in his client’s free choice of lawyer, based on religious discrimination
The International Observatory of Lawyers in Danger is outraged by allegations that representatives of the Algerian state have been pressuring detained Franco-Algerian writer Boualem Sansal to appoint a ‘non-Jewish’ lawyer to replace his lawyer François Zimeray.
Such anti-Semitic acts blatantly violate the fundamental right of all citizens to choose their lawyer freely and unacceptably interfere in the independent practice of the legal profession.
Since his appointment, François Zimeray has been the target of a violent anti-Semitic campaign , being referred to in the Algerian press and on social networks as ‘Sansal’s Zionist lawyer’ or the ‘Zionist rat’.
The United Nations Basic Principles on the Role of Lawyers guarantee lawyers the free and independent exercise of their profession, free from all forms of intimidation, influence or discrimination (principles 16, 17 and 18). These principles require States both to respect this right and to actively protect it.
Any questioning of the choice of a lawyer on the basis of his or her perceived or actual religion violates the constitutional principle of equality before the law for all citizens, as well as being a form of discrimination punishable by law. Such an attitude contravenes Algeria’s international commitments, in particular the International Convention on the Elimination of All Forms of Racial Discrimination, and undermines the essential values on which the rule of law is based.
The interference of the Algerian authorities in the choice of Mr Sansal’s lawyer is a direct violation of these principles, jeopardising the independence of the Bar and the protection of the fundamental rights of defendants.
Furthermore, the arbitrary refusal to issue a visa to Mr Zimeray constitutes an obstacle to the right to defence, preventing a lawyer from fulfilling his mission to his client, in violation of the fundamental texts governing the legal profession and of Article 14, paragraph 3, of the International Covenant on Civil and Political Rights, which states that:
‘In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (…) d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; (…)’
Such interference sets an alarming precedent, jeopardising the entire system of protection of fundamental rights. In this regard, the Observatory strongly emphasises that the legal profession cannot be subjected to any discrimination based on origin, religion or political opinion. Any attempt to restrict or influence the choice of a lawyer is an attack to the entire legal profession.
The Observatory condemns in the strongest terms the unacceptable discrimination against Mr Zimeray, which is contrary to the fundamental principles of international law.
The Observatory denounces the interference of the Algerian authorities in the independent exercise of the legal profession.
The Observatory reminds the State of its obligation to guarantee the independence of lawyers and the free exercise of their mission, in accordance with its international commitments.
The Observatory demands that Mr Zimeray be allowed to carry out his duties without hindrance and that all pressure on Mr Sansal regarding his choice of lawyer cease immediately.
The Observatory will remain vigilant against any violation of the rights of lawyers and will continue to defend the independence of the Bar against any attempt at interference or discrimination.
