Lifting of the moratorium in the DRC: the OIAD co-signs a report highlighting threats against lawyers and human rights defenders
As part of the international day against the death penalty on 10 October, the OIAD has co-signed a report analysing the situation of human rights defenders who have spoken out against the lifting of the moratorium on the death penalty in the Democratic Republic of Congo. This report comes as lawyers in the DRC are being targeted for their opposition to the lifting of the moratorium. Read the report:
Burkina Faso: The Observatory welcomes the release of Gontran Somé and Christian Kaboré – after 26 days in captivity
Burkinabe lawyers Gontran Somé and Christian Kaboré were kidnapped between Ouagadougou and Bobo-Dioulasso on 10 October 2024. They were released on 5 November 2024, after 26 days in captivity. Mr Gontran Somé and Mr Christian Kaboré were travelling to Bobo-Dioulasso from Ouagadougou. The lawyers had to change their route due to bad weather, which made the road impassable. The lawyers’ car crossed the path of a non-state armed group in an area renowned for its insecurity. One of the passengers with Gontran Somé and Christian Kaboré, who was spared by the members of this group, reported their abduction. Burkina Faso’s lawyers operate in a context marked by serious and multiple threats. They are particularly subject to the pressure exerted by the transitional government and the authorities on legal professionals. Lawyers working on sensitive cases, particularly human rights cases, often face intimidation and even repression. In addition, the crisis-ridden judicial system does not always respect procedures, thereby undermining the defence of fundamental rights. In addition to this, attacks by armed groups pose a direct threat to lawyers in several parts of the country. Travel becomes risky and exposes lawyers to physical danger. The Observatory welcomes the release of lawyers Gontran Somé and Christian […]
SUDAN: Joint statement for arrested and detained Sudanese Lawyer Montaser Abdullah
The International Observatory for Lawyers in Danger (OIAD), Lawyers for Lawyers, the International Bar Association’s Human Rights Institute, the Institute for the Rule of Law of the International Association of Lawyers, Lawyers’ Rights Watch Canada, the Council of Bars and Law Societies of Europe, the Sudanese Defenders Center for Legal Aid, REDRESS and the Law Society of England and Wales express deep concerns over the arbitrary arrest and detention of Sudanese lawyer Montaser Abdullah since 7 September 2024 due to his work as a lawyer and taking up human rights and political cases. On 7 September 2024, Mr. Abdullah was reportedly abducted from his office in the middle of the day, and subsequently detained incommunicado until 3 October 2024 by the Sudanese Armed Forces. It has been reported that Mr. Abdullah has been a victim of gross mistreatment during his detention, having repeatedly been beaten and showing physical signs of abuse. He is currently being kept in the most secured section of Port Sudan prison, without an official charge filed against him. Since the beginning of the war in Sudan in 2023, lawyers have been amongst those most targeted by both the Rapid Support Forces (SF) and Armed Forces (SAF) […]
OIAD press release on the Sonia Dahmani trial hearings in Tunisia
Paris, 17 October 2024 – Richard Sédillot, member of the Rouen Bar and Board member of the International Observatory for Lawyers in Danger, travelled to Tunisia from 15 to 20 August and from 8 to 11 September to observe the trial of Sonia Dahmani. The Tunisian lawyer was arrested on 11 May 2024 and sentenced to 1 year’s imprisonment for ‘spreading false news’. She is now the subject of 5 legal proceedings for offences of opinion allegedly committed during her television or radio appearances. During her appearance on the ‘Edenya Zina’ (Life is Beautiful) show on 7 May 2024, Ms Dahmani explained that Tunisia’s difficult economic living conditions would in no way attract migrants to settle there, and declared in an ironic tone, in her role as a chronicler: ‘what a great country that would be so attractive to settle in’. On 9 May 2024, the first public prosecutor at the Tunis Court of Appeal opened a judicial investigation. The examining magistrate in charge of the case issued a warrant for the arrest of Dahmani, which was executed by hooded police officers who brutally entered the Tunisian Lawyers’ House on 11 May. On 30 May, the examining magistrate referred Ms […]
GUATEMALA: The OIAD alerts the Guatemalan Bar Association about the situation of human rights lawyers in the country
15 October 2024 The International Observatory for Lawyers in Danger sent a letter on 11 October 2024 to the representatives of the Guatemalan Bar Association and Notaries, requesting a position in support of the persecuted Guatemalan legal profession. This communication refers to the unfortunate news coming from Guatemala regarding the systematic persecution of legal professionals, particularly those who defend the rights of human rights defenders. The Observatory has witnessed with concern a systematic pattern of persecution and unfounded criminalisation of lawyers and other justice operators in retaliation for the legitimate exercise of their profession. In this regard, we call on the Guatemalan Bar Association, as the highest institutional representative of the Guatemalan legal profession, to promote the practice of law that fights for the respect of human rights in Guatemala, as well as to adopt measures within the framework of its competences to support these lawyers.
World Day against the Death Penalty: The OIAD and 24 organisations call for universal abolition
The International Observatory for Lawyers in Danger co-signed the joint statement calling for the universal abolition of the death penalty, alongside 24 Bars and international organisations, recognising the “inherent dignity of each individual and the fundamental right to life“. Read the joint statement:
Interview with Forough Sheikholeslami Vatani, exiled Iranian lawyer
After becoming a lawyer in Iran and dedicating her practice to human rights, Forough was threatened on several occasions for her activities. She was sentenced to 10 years in prison for having defended the ‘Women, Life, Freedom’ movement as part of her work. Sheikholeslami Vatani managed to flee her country, bearing the hope that one day it will regain its freedom. The lawyer opened up to the French newspaper La Vie in a powerful interview. Read the full interview here.
TUNISIA: Joint statement – Sonia Dahmani sentenced without trial
Sonia Dahmani sentenced on appeal by the Tunisian courts The International Observatory for Lawyers in Danger travelled to Tunisia alongside other defence organisations to attend the appeal trial of Sonia Dahmani. The lawyer was sentenced to 8 months in prison. Read the joint press release.
Turkey: Ongoing Harassment of Human Rights Defenders and Lawyers for Commemorating the Armenian Genocide
In a joint report, the Observatory for the Protection of Human Rights Defenders—a partnership between the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT)—and the International Observatory for Lawyers in Danger (OIAD) present findings from the judicial observation of the first hearing in the trial of Eren Keskin and Güllistan Yarkın, from the Human Rights Association (IHD). Both were accused of “publicly denigrating the Turkish Nation” following their statements at the Armenian Genocide Commemoration Day on April 24, 2021 and acquitted on May 2, 2024. The prosecutor has appealed against their acquittal and the appellate review is ongoing. Paris-Geneva, August 28, 2024 – On February 27, 2024, observers from the Observatory and OIAD attended the first trial of the criminal case against Eren Keskin, Kurdish human rights defender, lawyer and Co-chair of IHD, and Güllistan Yarkın, Kurdish human rights defender, researcher and member of IHD’s Commission against Racism and Discrimination. The trial was held before the Istanbul 51st Criminal Court of First Instance. Both defenders were accused under the notorious Article 301 of the Turkish Criminal Code, which states that anyone who “publicly denigrates Turkish Nation, State of the Turkish Republic, Turkish Grand National Assembly, […]
OIAD press release on threats against lawyers in the UK
Rian (Ree) Saunders / Flickr (2012) The International Observatory for Lawyers in Danger strongly condemns the threats against lawyers in the UK for providing advice and representation on asylum and immigration matters. On 29 July 2024, three little girls were murdered in Stockport, UK. The tragedy sparked false allegations against a Muslim asylum seeker, which led to a wave of rioting instigated by far-right activists. Subsequently, a number of law firms and advice centres were targeted through a widely circulated social media post which published their addresses and called on others to “take action” against them. These firms were particularly targeted because they represent and advise clients on asylum and immigration issues. The Observatory strongly condemns these threats to the legal profession based on xenophobic and racist allegations. The Observatory expresses its total solidarity and support for the threatened lawyers and all the representative bodies of the British Bar. The Observatory calls on the British authorities to investigate and punish the perpetrators of these serious threats, and to protect, with the necessary guarantees, the lawyers who are the victims of these threats. The Observatory recalls that, in accordance with the United Nations basic principles on the role of the Bar, […]
Occupied Crimea: human rights lawyer Aleksey Ladin disbarred
The Observatory together with the undersigned international lawyers’ rights and human rights organisations strongly condemn the Tyumen Regional Bar Council’s decision to disbar Russian human rights lawyer Aleksey Ladin in retaliation for his human rights work. We call on the Russian authorities to revoke this decision, cease harassment against him and guarantee that all lawyers in Russia and Russia-occupied territories can conduct their legitimate professional activities without fear of reprisals. On 25 July, lawyer Aleksey Ladin was disbarred from the Tyumen Regional Bar Association in retaliation for representing Crimean Tatars and Ukrainians against politically motivated charges in Russian-occupied Crimea. The decision by the Council of the Tyumen Bar Association follows the Qualification Commission’s conclusion that the lawyer violated the Code of Ethics of the Russian Bar Association. Unless this decision is reversed, Mr. Ladin will not be able to represent clients in criminal proceedings and in court, nor take new qualifications exams for a year. Aleksey Ladin plans to appeal the decision. Read the full joint statement here: https://protect-lawyers.org/wp-content/uploads/Disbarment-Aleksey-Ladin_01.08.2024_final.pdf Signatories: Alliance of Lawyers at Risk (ALR) Council of Bars and Law Societies of Europe (CCBE) European Association of Lawyers for Democracy and World Human Rights (ELDH) Front Line Defenders […]
2024 OIAD General Assembly: testimonies and tributes to threatened colleagues
The Maison des Avocats de Paris hosted the 7th Ordinary General Meeting of the International Observatory for Lawyers in Danger on 20 June 2024. Gathered in the Council room of the Paris Bar Association, the Co-Presidents Vincent Nioré and Vanessa Bousardo handed over the presidency of the OIAD to the Consejo General de la Abogacía Española, represented by Alfredo Irujo. The event featured powerful interviews with lawyers from Russia, Mexico, Iran and the Democratic Republic of Congo, who highlighted the challenges and realities of the lawyer’s profession in their respective countries. “Women are raped, massacred (…) children are enrolled in the armed forces (…). In this context, unfortunately, we are supposed to live (…) but in reality, we try to live because we have no other choice. And it’s complicated when we, the lawyers who are supposed to defend the rights of all these citizens (…) are also the target of the government authorities’ armed forces”, explains Vascos Saasita, a lawyer at the Bar in Tshipo (Democratic Republic of Congo) “I must tell you that it is an ordeal to be a human rights defender, to be a defence lawyer in Mexico. Threats, assaults, the risk of being murdered, of […]
Joint Statement of International Protest Condemning Turkey’s Arrest of Naim Eminoğlu and Doğa İncesu of the Progressive Lawyers Association (“ÇHD”)
Amsterdam, Barcelona, Berlin, Bern, Bologna, Brussels, Buenos Aires, Cape Town, Colmar, Cologne, Dhaka, Dusseldorf, Gaza, Grenoble, Harlem, London, Madrid, Manila, Mytilini, New Delhi, New York, Nicosia, Paris, Ramallah, Roma, Tokyo– 5 July 2024 The undersigned bar associations, law societies, and lawyers’ rights organizations – representing tens of thousands of lawyers from around the globe – condemn in the strongest possible terms the detention of Progressive Lawyers Association (“ÇHD”) lawyers Naim Eminoğlu and Doğa İncesu, and demand their immediate release and exoneration by the authorities of Turkey. On 2 July 2024, Turkish authorities raided the Istanbul homes of lawyers Naim Eminoğlu and Doğa İncesu, and took the two lawyers into custody. Eminoğlu is an Istanbul Branch executive board member of Çağdaş Hukukçular Derneği – the Progressive Lawyers Association (“ÇHD”), and İncesu is a ÇHD member.[1] In fulfilling their professional duties as lawyers, Eminoğlu and İncesu are present at police stations and courthouses almost every day. Indeed, they were scheduled to attend court hearings in clients’ cases on 2 July. Despite the fact that there was no risk that the two lawyers would attempt to flee, armed police officers executed early-morning raids on the lawyers’ residences and took them into custody. Their […]
OIAD statement denouncing threats against French lawyers who signed an op-ed against the Rassemblement National (National Rally – far-right party)
The International Observatory for Lawyers in Danger (OIAD) strongly condemns the very serious threats published on 3 July 2024 on the far-right website RESEAU LIBRE, calling for the elimination of a number of lawyers who signed an op-ed in the run-up to the French parliamentary elections in June-July 2024. The far-right group openly threatened the French lawyers who signed the letter, describing them as “lawyers to be eliminated”, and “to be sent to a ditch and a stadium”, adding that “[a] vast majority of lawyers need to be neutralised”. The OIAD vigorously condemns the dissemination of these hate messages against a profession that stands as a watchdog for freedoms and the rule of law. The OIAD is deeply concerned by these events and condemns the intimidation of lawyers in France. The OIAD recalls that “lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall 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 […]
TURKEY: OIAD attends hearing of colleague Özum Burgun in Diyarbakir in may 2024
Gaspard Lindon, lawyer at the Bar in Paris and delegate of the International Observatory for Lawyers in Danger (OIAD), travelled to Diyarbakir on May 1st alongside Françoise Cotta, member of ASF-DS and associate of the OIAD. Özum Burgun, whose trial was held on 2 May 2024 at the Diyarbakir court, was one of 52 people taken into custody on 25 April 2023 as part of a wave of arrests launched by the Turkish authorities in twenty-one provinces, including Diyarbakir. Alongside her were lawyers Burhan Arta, Serhat Hezer and Şerzan Yelboğa, as well as human rights defenders, journalists, artists and community activists, who were arrested and taken into custody. This operation was launched 3 weeks before the Turkish presidential and parliamentary elections, emphasising the particularly tense and hostile political context towards the Kurdish population in Turkey. Ms Burgun had been accused of being involved in conspiratorial activities within the PKK. She was finally acquitted on 2 May by the Diyarbakir Court. The International Observatory for Lawyers in Danger thanks Gaspard Lindon and Françoise Cotta, who travelled to Diyarbakir as part of this crucial mission. The mission report is available on the OIAD website.
PHILIPPINES: Mobilisation for International Fair Trial Day in Manila: NUPL wins Ebru Timtik prize
Impunity for attacks on lawyers, prosecutors and judges, as well as smear campaigns against legal and human rights professionals in the Philippines, were highlighted in a panel discussion to mark International Fair Trial Day. Held on 14 June at the University of the Philippines in Manila, the event also highlighted the gaps in anti-terrorism legislation resulting from the so-called “red-tagging” system,, a series of defamation campaigns against legal professionals on social media and in public spaces. The second panel discussion of the day, chaired by Gonzalo Sáenz Quilez, representing the International Observatory for Lawyers in Danger (OIAD), focused on the impact of anti-terrorism and anti-drug laws on the protection of lawyers, journalists, civil society, activists and other human rights defenders. The event was supported and attended by more than 100 legal associations from around the world, who pledged to highlight the importance of the right to a fair trial and the challenges posed by the rights of the defence. The ceremony also provided an opportunity to award the “Ebru Timtik” human rights prize, which this year went to NUPL (National Union of People’s Lawyers), which includes Czarina Musni, who has been monitored by the OIAD. To find out more about […]
PHILIPPINES: “Caravana Filipina” international fact-finding mission.
An international “Caravana Filipina” monitoring mission took place from 4 to 14 June 2024, involving 12 international delegations in the Philippines, including the International Observatory for Lawyers in Danger (OIAD). The main purpose of the Caravan was to investigate and seek justice for the attacks on lawyers, prosecutors and judges in this Asian country from 2016 to date. An agenda of strategic meetings was held with various judicial actors, family members and direct victims of these attacks, who were put in this situation because of their profession. These meetings revealed repeated violations of effective judicial protection for these people, which has led to an unprecedented increase in attacks on lawyers, fostering a “culture of impunity” and a climate of fear through “red tagging” and the repression of civil society and freedom of expression. Following this fieldwork,, the Caravana is working on a fact-finding mission report, which should be published and sent to the international authorities to raise awareness of this serious human rights violation. The “Caravana Filipina” is also constantly monitoring the vulnerability of our colleagues and is always on alert in case a rapid response to an emergency situation is required. The mission’s press release is available at the […]
Turkey: First hearing in latest trial against Saturday Mothers/People
“A joint report by the Observatory for the Protection of Human Rights Defenders—a partnership between the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT)—and the International Observatory for Lawyers in Danger (OIAD) presents findings from the judicial observation of the first hearing in the trial of 20 individuals involved in the Saturday Mothers/People movement on February 27, 2024. They are being prosecuted for participating in peaceful gatherings, highlighting the systematic attacks on the right of assembly in Turkey. The next hearing will be held this Friday, June 7, 2024.” Read the full press release: Read the joint report on our website.
TURKEY: International mobilisation over the lack of justice in Tahir ELCI’s killing case
As we approach the final phase of the trial for the assassination of the former President of the Diyarbakir Bar Association, Tahir Elçi, on 28 November 2015, the OIAD is joining forces with the international legal community. The Observatory and 29 other organisations have issued a joint statement denouncing the apparent impunity that surrounds this assassination and the lack of a fair trial in the ongoing criminal proceedings. For more information on the case, we invite you to read the joint statement, which provides detailed information. A summary of the case is also available below. HOW CAN I TAKE ACTION? Join the mobilisation! Help us spread the word: In addition to the joint statement, the Observatory has prepared a graphic leaflet recapitulating the Tahir Elçi’s murder trial, which is available in several languages. Feel free to spread it freely through your media outlets to raise public awareness of this case. Download the OIAD’s leaflet by clicking on the flags: Call on Türkiye’s Ministry of Justice to ensure justice for Mr Elçi by holding those responsible for his death accountable in trials compliant with international legal standards and […]
PHILIPPINES: International Fair Trial Day event in Manila
On 14 June, the International Fair Trial Day will take place in Manila, Philippines, where legal experts from around the world will discuss the challenges to access to justice in Philippine society. The International Fair Trial Day Conference and the Ebru Timtik Award Ceremony will feature a diverse group of the Philippines-based and international panellists and moderators, including prominent representatives of international human rights oversight mechanisms, judges, lawyers, human rights activists, researchers, and academic figures. The moderators are from various international organizations forming the Steering Group of the International Fair Trial Day (IFTD) and Ebru Timtik Award. The keynote speakers and panellists will bring a wide range of expertise and experiences from different legal and human rights backgrounds, ensuring comprehensive and insightful discussions on the pressing fair trial rights related issues in the Philippines and beyond throughout the event. The day will be divided into four sessions covering: the protection of lawyers and judicial independence; the targeting of lawyers, journalists, activists, CSOs and other HRDs in the context of counterterrorism, anti-drug and related policies; arbitrary detention, torture and ill-treatment, enforced disappearances and extrajudicial killings; accountability and remedies. The day will conclude with the presentation of the Ebru Timtik Award to […]
MEXICO: eighteen international organizations, including the OIAD, released a report of the 2023 International Fair Trial Day and of the Ebru Timtik Award
On June 14, 2023, around 300 human rights lawyers, judges, reporters, and associations worldwide attended online and in-person to the third edition of the International Fair Trial Day (IFTD) and Ebru Timtik Award. The Conference had the participation as panellists of eminent lawyers, human rights defenders, victims and academics from Mexico, as well as members of the Inter-American Commission and Court of Human Rights and the UN Special Rapporteur on the Independence of Judges and Lawyers. The report released today summarizes the issues addressed at the Conference, especially on the fair trial abuses and violations occurring in Mexico. The panellists addressed issues such as the excessive use of pretrial detention and the constitutional requirement that judges impose mandatory pre-trial detention on some crimes, attacks to judicial independence many courts and judges are facing, the lack of justice in cases of enforced disappearances and torture, as well as the unequal access to justice and the incredible cost for women and indigenous peoples that face impunity. One of the case studies highlighted in the report is the murder of prominent human rights lawyer Digna Ochoa, whose trial before the Inter-American Court of Human Rights was closely followed by the Observatory. The OIAD […]
TUNISIA: Joint resolution on the arbitrary detention of Sonia Dahmani
Having taken note of the violent arrest of our colleague, Sonia Dahmani, lawyer at the Tunisian Bar, inside the Bar Association, on Saturday 11 May 2024, by hooded individuals who roughed up lawyers and journalists present, Having taken note of the press release issued by the Tunis section of the National Bar Association of Tunisia, which held an emergency meeting on 11 May, calling for a general strike, The undersigned : RECALL that on 18 March 1969 Tunisia ratified the International Covenant on Civil and Political Rights adopted in 1968 by the United Nations, which protects in particular the rights to life, liberty and security, freedom of thought, conscience and religion and the prohibition of arbitrary detention, RECALL that on 23 September 1988 Tunisia also ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted in 1987 by the United Nations and its Optional Protocol, on 29 June 2011, adopted in 2002, EXPRESS THEIR INDIGNATION at the verbal and physical violence perpetrated against Tunisian lawyers and journalists with the aim of intimidating and silencing them, CONDEMN the violent arrest of a lawyer and chronicler who, after making comments on television about the situation in the […]
Tunisia: OIAD statement in support of Tunisian lawyers
[Keith Roper, 2010 : Flickr] The OIAD strongly condemns the threats to which some Tunisian lawyers are being subjected by the public authorities and expresses its indignation at the proceedings brought against them in conditions that clearly violate the fair trial rules laid down in the international treaties ratified by Tunisia. The OIAD is outraged that the freedom of movement of certain lawyers can be infringed, thus depriving them of an essential right and the possibility of travelling for professional purposes. The OIAD therefore expresses its solidarity with: Ridga Belhaj and Ghazi Chaouachi, arbitrarily detained; Presidents of the Bar Abderazek Kilani and Chawki Tabib, Bochra Belhaj, Dalila Msadek, Ayachi Hammami, Lazher Akrmi arbitrarily prosecuted for political reasons and banned from travelling. The Observatory calls on the Tunisian authorities to comply with articles 9 and 14 of the 1966 International Covenant on Civil and Political Rights, which states that “Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law” and that « In the determination of any criminal charge against […]
Interview with Reinaldo Villalba on the “historic” ruling by the Inter-American Court of Human Rights in the “CAJAR v. Colombia” case
On 18 March 2024, the Inter-American Court of Human Rights issued a “historic” ruling in the “Case of the members of the Lawyers’ Corporation ‘José Alvear Restrepo’ v. Colombia”. The Observatory was very pleased to interview prominent human rights lawyer Reinaldo Villalba to understand the content, consequences and scope of this decision. Reinaldo Villalba Vargas is a lawyer involved in the defence of human rights in Colombia. He has been a member of the well-known Colectivo José Alvear Restrepo (CAJAR) for over 30 years. Throughout his career as a lawyer, he has provided legal support to hundreds of victims of crimes against humanity and serious human rights violations. Why do you consider the Inter-American Court of Human Rights ruling of 18 March to be “historic”? This judgment is historic because it is the first to qualify the right to defend human rights as an autonomous right; because it reaffirms the State’s obligation to provide enhanced protection for human rights defenders and to provide guarantees for the exercise of the right; because the Court urges the State and all its authorities to exercise control over conventionality[1]; because the judgment defends the right to self-determination in matters of information; because the Court […]
United Nations: Afghanistan’s Alternative Report for the Universal Periodic Review
The International Observatory for Lawyers in Danger is establishing itself on the international stage at the United Nations Human Rights Council. The OIAD has submitted its first alternative report to the 46th session of the 4th cycle of the Universal Periodic Review on Afghanistan, in October 2023, on the subject of the legal profession engaged in the defence, protection and promotion of human rights in the country. The Taliban takeover has led to a serious deterioration in the independence of the judiciary. The Afghan Bar Association is controlled by the authorities, and lawyers are subject to threats, persecution and arbitrary detention. Furthermore, the recommendations made to Afghanistan as part of the 3rd cycle of the Universal Periodic Review in 2019 have not been implemented at all. In its alternative report, the Observatory focused on the protection of the independence of the judiciary, including the protection of Afghan lawyers. This protection took the form of recommendations, including the “guarantee of an independent judicial system in which lawyers can exercise their profession effectively“. The OIAD also stressed the importance of Afghan women’s access to the legal profession, pointing to their exclusion from the new qualification process and from the Ministry of Justice […]
Press release: “Faces of Freedom”: discover the exhibition from 12 March to 19 April 2024
Geneva, 16 April 2024 – The Geneva Bar Association, the Judiciary of the Canton of Geneva, the International Union of Lawyers’ Institute for the Rule of Law (UAI-IROL), the International Bar Association’s Human Rights Institute (IBAHRI) and the International Observatory for Lawyers in Danger (OIAD) are presenting an exhibition of photographic portraits entitled “Faces of Freedom” at the Geneva Courthouse from 12 March to 19 April 2024. Designed by the Union Internationale des Avocats (UIA), the Conseil National des Barreaux (France) and the Nantes Bar Association, the “Faces of Freedom” exhibition was presented for the first time in 2020 to honour lawyers who had been prosecuted, tried, convicted or murdered in various parts of the world for the sole exercise of their profession. The fifteen portraits of lawyers that make up the exhibition were displayed within the walls of the Geneva Courthouse in March 2024. The aim of the exhibition is to raise public awareness of the role played by lawyers in defending individual rights, and human rights in particular, and of the serious risks to which they may be personally exposed when defending their clients in certain cases. ” The Human Rights Commission of the Geneva Bar Association (CDH) […]
TURKEY: OIAD attends the 9th hearing in Diyarbakir of the trial of the alleged killers of former Bar President Tahir Elçi
Since 2022, the International Observatory for Lawyers in Danger has been monitoring the trial in Diyarbakir of the alleged murderers of former Bar President Tahir Elçi. The latest hearing in this trial was also observed by The OIAD on Wednesday 6 March 2024. Tahir Elçi was murdered on 28 November 2015 in a shooting attack when he called for a ceasefire and denounced the extensive destruction of the historic district of Sur, the old town of Diyarbarkir. Elçi had been the target of death threats a few weeks before his murder, particularly on social networks, and had been harassed after refusing to label the Kurdistan Workers’ Party (PKK) a terrorist organisation during a television broadcast on 14 October 2015. At the last hearing on 6 March 2024, all the requests made by Tahir Elci’s lawyers and the Diyarbakir Bar Association were rejected, and the case was adjourned to 12 June for final indictment. The lawyers representing the family of the former Bar President strongly criticised the court’s complacency towards the accused police officers and the lack of a proper preliminary investigation, a criticism that had already been raised by observers at previous hearings. The integrity and courage of Tahir Elçi, […]
TURKEY: The OIAD and the Observatory for the Protection of Human Rights Defenders stand by the Saturday Mothers’ lawyers
February 27, 2024 marked the opening of the first trial following the decision of the Turkish Constitutional Court, which confirmed that Galatasaray Square is a public space where demonstrations are allowed. Lawyer Oya Meriç Eyüboğlu was among the defendants in the trial. For more than 20 years, the Saturday Mothers (Cumartesi Anneleri/İnsanları in Turkish) have gathered peacefully in Istanbul’s Galatasaray Square in the form of a vigil every Saturday at noon to demand accountability for the enforced disappearances that took place in the 1980s and 1990s in Turkey. On 16 November 2022, the Turkish Constitutional Court recognised the legitimacy of the Saturday Mothers gatherings. This decision, confirmed again on 29 March 2023, allowed the movement to demonstrate peacefully on Galatasaray Square. However, the Turkish authorities attempted to suppress the movement by restricting access to Galatasaray Square. Given this blatant restriction of the right to peaceful demonstration, the authorities have not hesitated to attack the lawyers representing the movement. Some of the Saturday Mothers’ lawyers have also been targeted. The International Observatory for Lawyers in Danger was in Istanbul, Turkey, with the Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) […]
COLOMBIA: Preview and round table discussion on the documentary about the Colombian lawyer Adil Meléndez
On 27 February, the “Teatro del barrio” in Madrid hosted the preview of the documentary “Desterrados: Voces de Resistencia”, where a glimpse of what this series about the work and life of Colombian lawyer Adil Meléndez could look like was presented. This documentary was co-financed by the International Observatory for Lawyers in Danger, to support the visibility of the lawyer’s work defending the rights of Afro-Colombian communities in the Caribbean region. Following the screening, several thematic panels were held, during which experts in the defence of human rights in Colombia analysed the socio-political context and the personal security situation of Adil Meléndez. Gonzalo Sáenz, representative of the OIAD, presented the background to the work that the OIAD has carried out on behalf of the lawyer since 2018. Recently, the lawyer reported that his bodyguards had informed him that the National Protection Unit (UNP)[1] had withdrawn its security plan. As a result, the Observatory has been mobilised to ensure that the lawyer can return to his country with guarantees of safety. “Ever since I began my struggle as a lawyer, I have made sure that I have back-up, always someone behind me to support me, and that is the international organisations. […]
Announcement /International Fair Trial Day 2024: the Philippines
Via Tsuji (2010) / Flickr The Steering Groupe of the International Fair Trial Day (IFTD) in which OIAD participates, announces the Philippines as 2024’s focus country. Save the date of 14 June 2024 where fair trial rights issues in the Philippines will be addressed on the IFTD conference. Additionally, we announce that call for nominations for the Ebru Timtik Award is open until 1 May 2024. In 2021, a group of lawyers and lawyers’ organisations came together to establish an annual International Fair Trial Day (IFTD) to be observed every year on 14 June. This initiative is supported by more than 100 legal associations across the world, all of which are committed to the vital importance of the right to a fair trial and the serious challenges to due process rights worldwide. They established a Steering Group for the organisation of IFTD. The decision to establish an IFTD was also accompanied by the establishment of the Ebru Timtik Award. The Steering Group is formed by a number of other prominent organisations taking part in the work, including the OIAD. Several nominations were received for this year’s IFTD focus country. Following due consideration of the proposals, the Philippines has been chosen […]
TURKEY: THE INTERNATIONAL LEGAL COMMUNITY CONDEMNS THE DETENTION OF FOUR ÇHD LAWYERS AND THE RAID ON THEIR OFFICE
The OIAD[1], together with the undersigned organisations, condemns the detention of lawyers Didem Baydar Ünsal, Berrak Çağlar, Seda Şaraldı and Betül Vangölü Kozağaçlı, members of the Progressive Lawyers Association (ÇHD), following a raid on their office in Istanbul on February 6, 2024. On February 6, 2024, following an armed attack on the largest court building (Çağlayan Courthouse) in Istanbul, two assailants were shot dead by the police. According to police sources, the attackers were members of the Revolutionary People’s Liberation Party/Front (DHKP/C). Following this attack, several offices of various organisations were raided and ransacked by police forces in Istanbul. Among them is the People’s Law Office, where four lawyers, members of ÇHD, were detained. Didem Baydar Ünsal, Berrak Çağlar, Seda Şaraldı and Betül Vangölü Kozağaçlı have since remained in custody in Vatan Police Headquarters awaiting to be transferred to the courthouse. The detained lawyers have been denied access to their lawyers for 24 hours following their detention. Due to the confidentiality order on the case file, colleagues acting as defence counsel are also unable to access the content of the file. Such restrictions to the defence rights rule out the possibility of knowing the ongoing accusations against these lawyers and […]
International Day for Lawyers in Danger 2024: A Global Momentum of Solidarity for Iranian Lawyers
Nasrin Sotoudeh, Amirsalar Davoudi, Khosrow Alikordi, Mohammad Najafi, Saleh Nikbakht: their names resonate as symbols of a relentless struggle against oppression and the violation of fundamental rights in Iran. These lawyers, known for their tireless defence of human rights, face immense risks in their fight for justice. On 24 January, the International Day for Lawyers in Danger was marked by an unprecedented international mobilisation, dedicated this year to the alarming situation of lawyers in Iran. Bars from all over the world, from France to Italy, from the United States to the farthest reaches of Asia, joined forces in round tables, conferences and demonstrations to highlight the threats faced by Iranian lawyers in the exercise of their profession. The Nantes Bar Association hosted a conference where Iranian lawyer Ghasem BOEDI gave a precious summary of his experience. A remarkable show of solidarity took place within the international legal community on this day. “We are all united in this fight for justice,” declared a lawyer present at the rally in Paris in front of the embassy of the Islamic Republic of Iran, embodying the spirit of the day. Blatantly denying the fundamental principles of justice, the government of the Islamic Republic shows […]
The International Observatory for Lawyers in Danger receives the “Abogados de Atocha” 2024 prize
On the occasion of the International Day for Lawyers in Danger 2024, which marks the 47th anniversary of the murder of the Atocha lawyers, the “Abogados de Atocha” Foundation has announced the award of its prestigious annual prize to the OIAD, for its unwavering commitment to justice since its creation in 2016. The “Abogados de Atocha” Foundation was set up to perpetuate the memory of the lawyers who were victims of the Atocha Massacre on 24 January 1977, who were fighting for democratic freedoms in Spain. In commemoration of these assassinated lawyers, the International Day of Lawyers in Danger is held every year on 24 January, the date on which the “Abogados de Atocha” award ceremony was held. Victoria Ortega Benito, President of the Spanish National Bar Council and representative of the OIAD, had the honour of receiving the award from the “Abogados de Atocha” Foundation on behalf of the Observatory in Madrid. “The existence of the Observatory is both a daily tragedy and a window of hope. Tragedy because there are lawyers who are threatened, attacked and even murdered for the simple fact of defending human rights; and a window of hope because there is a network working for […]
International Day for Lawyers in Danger / OIAD press release
24 January 2024: The Observatory takes action for the 14th International Day for Lawyers in Danger, focusing on Iran Every year on 24 January, the International Day of Lawyers in Danger mobilises the international community to draw the attention of civil society to the practice of the legal profession in a given country. The 2024 edition of the International Day for Lawyers in Danger is dedicated to the legal profession in Iran, where the Iranian regime violates the right of lawyers to carry out all their professional duties without intimidation, hindrance, harassment or undue interference. Since the announcement of Jina Mahsa Amini’s death, the situation has deteriorated considerably in Iran, where prisoners charged in connection with the protests have been assigned lawyers associated with the authorities. Between September 2022 and May 2023, at least 66 defence lawyers were arrested by Iranian security forces to prevent them from seeking justice for activists and demonstrators who had been arbitrarily arrested. Some human rights lawyers have been sentenced to long prison terms or fled the country to escape prosecution. Lawyer Nasrin Sotoudeh, for example, has been sentenced by the Iranian authorities to 38 years in prison (12 of which are mandatory) and 148 […]
PANEL OF EVENTS ORGANISED AS PART OF WORLD DAY OF THE LAWYER IN DANGER
As part of the International Day of the Lawyer in Danger 2024, dedicated to Iran, many members of the Observatory have taken action by organising various initiatives (conferences, solidarity marches, etc.) in different countries. Consult the information panel on the events organised, which will be updated regularly, and join the initiative that suits you best! In solidarity for justice, let’s support Iranian lawyers in their fight for freedom and equality. Event Organiser Date Location More info Press conference Coalition of the International Day 22/01/2024, 13:00 (CET) Online https://shorturl.at/yCNTZ Conference IBAHRI, Geneva Bar, OIAD and The Law Society of England and Wales. 24/01/2024, 18:00-19:30 (GMT) London (UK) and online https://shorturl.at/hqtH5 Round Table Lille Bar, with the support of OIAD 24/01/2024, 11:00-13:00 (CET) Lille (France) https://shorturl.at/eoN09 Conference with Ghasem Boedi Nantes Bar, in partnership with OIAD 24/01/2024, 18:30 (CET) Nantes (France) https://shorturl.at/qDOP8 Online/classroom-based training Turin Bar 23/01/2024 (CET) Turin (Italy) https://shorturl.at/vzCK2 Solidarity walk Turin Bar 24/01/2024 (CET) Ingresso 18 del Palazzo di Giustizia, Torino https://shorturl.at/jsHU1 Conference Bologna Bar 24/01/2024, 15h30-18h30 (CET) Bologna (Italy) https://shorturl.at/hFIP1 Conference Verona Bar Association and Padova Bar Association, with the support of the Consiglio Nazionale Forense 24/01/2024, 15:00-18:00 (CET) Verona (Italy) and online https://shorturl.at/mtxK6 Gathering and round […]
Edmond-Claude Frety represents the Observatory at the celebration of 75 years of the UDHR
On 7 December 2023, Edmond-Claude Frety, Secretary General of the International Observatory for Lawyers in Danger, participated in the celebration of the 75th anniversary of the Universal Declaration of Human Rights, organised by the American Bar Association and the Paris Bar Association. As representative of the OIAD, Edmond-Claude highlighted the critical situation of access to justice and the rule of law in Colombia. The persistence of violence and the lack of security guarantees, the weakness of the judicial system and the lack of protection and support for lawyers and human rights defenders are three major obstacles to a genuine rule of law in Colombia, which were highlighted in the report of the VIIth International Caravan of Lawyers, in which Edmond-Claude Frety was able to participate with other representatives of the OIAD in August 2022. 18 delegates from various international non-governmental organisations took part in this initiative, which works tirelessly to promote access to justice and improve the rule of law in a country with a particularly complex context. Far from being a post-conflict country, Colombia faces major challenges, including endemic corruption and uncontrolled powers in certain regions, such as drug traffickers and paramilitaries. In Cartagena, mega-projects carried out by major […]
Participation of the OIAD in the “European Law Summit for Legal Professionals” in Madrid
The European Law Summit brought together EU law professionals with the clear aim of enhancing their knowledge of EU law and amplifying its impact. During a series of in-depth discussions, participants examined the EU’s medium- and long-term challenges, tackling topics such as the Green Pact, legislation on artificial intelligence, relations with Latin America, the health of the rule of law, and the European Pact on Migration. The International Observatory for Lawyers in Danger took part in the European Law Summit, contributing to the panel dedicated to “The defence of human rights by persecuted lawyers”. This provided an exceptional platform to promote the protection of lawyers defending human rights around the world. By taking part in this prestigious event, the Observatory extended its influence and attracted the attention of European players, thereby consolidating its crucial role in the protection of lawyers engaged in the defence of fundamental rights. Bénédicte Graulle, a member of the OIAD Board, spoke on 17 November at 9 :30am. Furthermore, the OIAD played a significant role as an observer during the drafting of the Convention on the Protection of Lawyers, currently being negotiated in Strasbourg under the aegis of the Council of Europe. This participation bears witness to […]
2024: Iran
On 24 January 2024, the 14th International day for Lawyers in Danger will be held, dedicated to the legal profession in Iran. Since 2009, this World Day has been marked in several cities, countries and continents around the world on 24 January. On this day, in 1977, we commemorate the “Atocha Massacre“, in which four colleagues were murdered in Madrid, Calle Atocha 55. This is an opportunity to draw the attention of civil society and public authorities to the threats facing Iranian colleagues in the exercise of their profession. The Observatory is taking action by launching this campaign: help us make the most of it! WHY IRAN? 38: the number of years in prison that lawyer Nasrin Sotoudeh was sentenced to for defending human rights. +66: The number of defence lawyers arrested by the Iranian security forces. +537: the number of Iranians killed by the security forces during the demonstrations. Find out more about the situation of the legal profession in Iran by consulting the OIAD BROCHURE available in Farsi, French, English, Spanish, Italian and German. By reading this document, you will discover the current context and organisation of the legal profession in Iran, identifying the control exercised by the […]
CCBE 2023 HUMAN RIGHTS AWARD: Tribute to Chow Hang-Tung, Xu Zhiyong and Ding Jiaxi for their outstanding commitment to the defence of human rights in China
The Observatory is delighted that the Council of European Bars and Law Societies (CCBE) has decided to award its 2023 Human Rights Prize to the Chinese lawyers Chow Hang-Tung, Xu Zhiyong and Ding Jiaxi for their courage, determination and exceptional commitment to defending human rights and the rule of law in China. This is a well-deserved recognition for the three of the lawyers persecuted and sentenced for defending the fundamental values of their profession and promoting respect for the rule of law in China. More specifically, on 10 April 2023, Xu Zhiyong and Ding Jiaxi were respectively sentenced to 14 years’ and 12 years’ imprisonment, following a trial behind closed doors in which the court found them guilty of “subversion of State power”. Chow Hang-Tung, a leading figure in Hong Kong’s democracy movement, has been held in prison since September 2021, when she was arrested and charged under the National Security Act. Although no trial date has yet been set, the lawyer has in the meantime been convicted in several trials for entirely peaceful acts linked to the work of the Alliance[1] or to the commemoration of the Tiananmen massacre of 4 June. As recognition of her exceptional courage in […]
TURKEY: The OIAD stands by its imprisoned and prosecuted colleagues, members of the Progressive Lawyers’ Association (ÇHD)
24 November 2023 Antonio Fraticelli, lawyer at the Bologna Bar, represented the International Observatory for Lawyers in Danger in Istanbul, alongside 21 other NGOs and Bar associations, to show international solidarity with lawyers in Turkey who are being prosecuted, sentenced and imprisoned for practising their profession. Legal professionals, and in particular lawyers, are subject to harassment, arbitrary detention, unfair trials and even torture because of their commitment to human rights. Since 2013, the Observatory has been closely following the trial of 22 lawyers affiliated to the progressive lawyers’ association ÇHD. In November 2022, heavy sentences were handed down against these committed lawyers. The Observatory continues to monitor the situation of lawyers, in particular those currently in detention: it is in this context that visits were made to nine lawyers, members of ÇHD, detained in four separate prisons (between 5 November 2023 and 10 November 2023). In addition to these prison visits, the purpose of the mission was to observe two hearings, that of ÖHD (Lawyers’ Association for Freedom) on 7 November 2023 and that of Gülhan Kaya, a member of ÖHD, on 9 November 2023. A joint statement has been drawn up by the participating organisations, highlighting the seriousness […]
STRASBOURG: The Observatory attends the 6th meeting of the Committee of Experts on the Protection of Lawyers (CJ-AV)
Nathan Guy / Flickr / 2008 21 November 2023 The International Observatory for Lawyers in Danger (OIAD) is continuing its commitment towards the protection of Endangered Lawyers by participating, as an observer, in the 6th meeting of the Committee of Experts for the creation of a Convention which aims to protect lawyers more effectively from the dangers they face as a result of their profession. The Observatory’s commitment is reflected in its preparation for and participation in all the meetings of the CJ-AV that have taken place in Strasbourg since April 2022. During the 6th meeting from 17 to 19 October, an analytical examination of the 8th version of the draft convention was carried out, looking in particular at Articles 3 (Use of terms), 4 (Professional associations), 5 (Authorisation to practise), 6 (Professional rights of lawyers), 8 (Discipline) and 9 (Protection). The report of the CJ-AV meeting sets out in detail the changes made to the above points. Massimo Audisio, a lawyer and member of the Observatory’s Board, attended the meeting representing the OIAD, providing the recommendations identified on the draft text. This latest version of the text was examined for the first time by the Committee on European Legal […]
IRAN: Joint statement by the OIAD and other International Lawyers’ Organisations and Bar Associations calling for the protection of lawyers in Iran
The Observatory and several International Lawyers’ Organisations and Bar Association have released a statement denouncing the ongoing trial against lawyers Nazanin Salari, Mahmoud Taravat-Ruy and Masoud Ahmadian, accused of “cooperation with ‘hostile’ countries,” “assembly and collusion to act against national security,” and “propagandistic activity against the Islamic Republic of Iran”. Read the statement below: The impending trial of Nazanin Salari, Mahmoud Taravat-Ruy, and Masoud Ahmadian in the Shiraz Islamic Revolution Court on November 11 is a stark reminder of the persistent assault on human rights and freedom of expression in Iran. Accused of “cooperation with ‘hostile’ countries,” “assembly and collusion to act against national security,” and “propagandistic activity against the Islamic Republic of Iran,” these lawyers have become targets of a system that seeks to silence their unwavering commitment to justice and their efforts to advocate for positive change. Nazanin Salari is a lawyer and a member of the Fars Bar Association. She was also the former Head of the Human Rights Commission at the Fars Bar Association. She is a women’s rights advocate and a human rights activist. She was initially arrested in November 2020 and was charged with “cooperation with ‘hostile’ countries”, “assembly and collusion to act […]
COLOMBIA: The Observatory intervenes before the IACHR to denounce the persecution of ASOCOLEMAD lawyers
The International Observatory for Endangered Lawyers denounced the harassment and persecution suffered by women lawyers of the Colombian association “Colectivo Mujeres al Derecho (ASOCOLEMAD)” and urges the Colombian authorities and the Inter-American Commission on Human Rights (IACHR) to adopt precautionary protective measures. Alfredo Irujo, member of the Observatory’s board, exposed on Monday 6 November, at the public hearing before the IACHR, the reprisals against the members of ASOCOLEMAD in northern Colombia, “victims of surveillance, harassment and persecution since 2014” due to “their professional work in defence of human rights”. “Among the detected risk incidents, the attempted kidnapping and forced disappearance of the son of the lawyer and coordinator of the Association, Luz Romero, in December 2019, which led to a period of exile for both of them, stands out for its seriousness,” Irujo denounced. After more than two years without any progress in the investigations, the Attorney General’s Office closed the complaint. Therefore, the OIAD “urged the Colombian government to take all necessary measures to guarantee the safety and physical and psychological integrity of ASOCOLEMAD members”, remarked the representative of the Observatory. Among the precautionary protection measures in the field of justice, the OIAD calls for the creation of a […]
The OIAD joins 35 organisations in calling for an intervention on behalf of Nasrin Sotoudeh
2 November 2023 “On Sunday, 29 October, the media broke the news that [Nasrin Sotoudeh] 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.” Read the joint statement. Read the International Observatory for Endangered Lawyers’ alert on Nasrin Sotoudeh.
GUATEMALA: Joint statement of 29 organisations in support of Guatemalan lawyer Claudia González, condemning her detention and calling for her immediate release
5 September 2023 “On the morning of 28 August 2023, lawyer Claudia González was arrested, charged with the crime of abuse of authority. The arrest took place following a search of her home ordered by the Public Prosecutor’s Office, as part of the alleged investigation proceedings against her.” Holder of the Lawyers for Lawyers 2023 prize, Claudia González has been the subject of online harassment on social networks and threats of legal action. Claudia González Orellana, former representative of the International Commission against Impunity in Guatemala (CIGIC), acted as legal advisor to nine of her former colleagues on the Commission, which allegedly led to her persecution and recent arrest. In view of the critical situation facing the lawyer Claudia González Orellana, the International Observatory for Lawyers in Danger and Lawyers for Lawyers supported by 27 other organisations, have signed a joint statement urging the Guatemalan authorities to: “1. Immediately and unconditionally release lawyer Claudia González. 2. Take all necessary measures to guarantee the rights to due process, legal defence and access to justice in the case of Claudia González. 3. Guarantee that all lawyers in Guatemala are able to carry out their legitimate professional activities without fear of reprisals […]
OIAD takes action to mark the International Day of the Victims of Enforced Disappearance
According to article 2 of the International Convention for the Protection of All Persons from Enforced Disappearance, the concept of “enforced disappearance” is defined as “the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law“. In response to its concern about the rise in cases of enforced disappearance, the United Nations General Assembly, in its resolution A/RES/65/209, chose to proclaim 30 August as the International Day for the Victims of Enforced Disappearance, in view of the customary celebration of the event by many countries around the world on that date. For civil society actors, 30 August marks a day of awareness-raising on the subject of enforced disappearances, which remain a recurrent practice in certain States such as China. Faced with this situation, the International Observatory for Lawyers in Danger has joined other non-governmental organisations in a joint press release to denounce this practice, […]
EGYPT: Release of Egyptian lawyer Mohamed EL-Baqer by “presidential pardon”
Mohamed El-Baqer, human rights lawyer and founder of the Adalah Centre for Rights and Freedoms, was released on Thursday 20 July following a “presidential pardon” from President Al-Sisi. After 4 years and 10 months in the high-security Tora 2 and Badr 1 prisons, where he was subject to numerous abuses, the lawyer was released after being informed that he had benefited from a “presidential pardon” a year ahead of Egypt’s general elections. Mr El-Baqer’s arrest followed his work defending activist and fervent opponent of the regime Alaa Abdel Fattah, who was also being held on charges of “disseminating false information” and “associating with a terrorist organisation”. The United Nations, the European Union, the Observatory and numerous NGOs have been calling for Mohamed El Baqer’s release for several years. His work received international recognition when the Council of Bars and Law Societies of Europe (CCBE) awarded him its prestigious Human Rights Award in 2020 for “honouring the legal profession by upholding the highest values of professional and personal conduct”. In 2021, the International Observatory for Lawyers in Danger echoed this situation by sending a communication to 12 countries and to the European Union embassy in Egypt, warning of the serious lack […]
OIAD takes action to promote International Criminal Justice Day
Interview with Clara GERARD-RODRIGUEZ, lawyer at FTMS Avocats, on the list of deputy counsel qualified to practice before the International Criminal Court On the occasion of the International Criminal Justice Day, OIAD had the opportunity to interview Clara Gérard-Rodriguez, associate lawyer at FTMS Avocats, consultant for Global Rights Compliance and on the list of deputy counsel of the International Criminal Court. Answering our questions, Ms. Gérard-Rodriguez shed light on the practice and implementation of international criminal justice, which is sometimes faced with complex challenges. Portrait of Clara Gérard-Rodriguez After graduating with a master’s degree in international public law in Amsterdam, Clara Gérard-Rodriguez began her career at the ICC, where she worked for 4 years as a legal officer, first as part of a defense team (in the case of The Prosecutor v. William Samoei Ruto and Joshua Arap Sang), then as part of the victims’ representation team in the Al Mahdi case, which was about the destruction of the Timbuktu mausoleums. At the end of this trial, Clara left the ICC to return to France. She joined the Paris Bar in 2019. Clara is now an associate at FTMS Avocats and advises on general criminal and business law cases. Clara […]
CHINA : The OIAD signs ‘709 Crackdown 2.0’ joint statement
‘709 Crackdown 2.0’ : Global call against China’s renewed crackdown on human rights lawyers Today, we mark China Human Rights Lawyers Day, in remembrance of the Chinese government’s roundup of over 300 human rights lawyers and legal assistants in the days following July 9, 2015, in what is known as the ‘709 crackdown’. UN experts are dismayed that ‘the profession of human rights lawyer has been effectively criminalised in China.’ Human rights lawyers are a cornerstone of China’s human rights movement. From Uyghurs, Tibetans and Hong Kongers, to religious minorities, LGBTQI and feminist advocates, journalists, and political dissidents: human rights lawyers defend the full spectrum of civil society. They accompany and empower the most vulnerable against land evictions, discrimination, health scandals, or extra-legal detention. They embody the promise of rule of law and hold the government accountable to its commitments under China’s constitution, laws, and the international human rights treaties it has ratified. They ensure that no one is left behind. Today, we call for urgent global attention to the Chinese government’s new wave of repression against human rights lawyers unfolding over the past three months. Read the full statement in english and chinese : […]
TURQUIE : L’OIAD présente à la 7ème audience du procès pénal relatif à l’assassinat de l’ancien bâtonnier Tahir Elçi
Deux délégués de l’Observatoire se sont rendus à Diyarbakir ce mercredi 5 juillet, afin d’observer la septième audience du procès pénal faisant suite à l’assassinat de Tahir Elçi, ancien bâtonnier du Barreau de Diyarbakir. Dans une salle comble, l’audience s’est déroulée en présence d’une vingtaine de Barreaux turcs, de représentants de l’Union des Barreaux de Turquie, de représentants de la délégation de l’Union Européenne à Ankara, d’observateurs internationaux, ainsi que de policiers, dont trois agents mis en cause ont été présents uniquement par visioconférence à partir des villes où ils demeurent toujours en fonction. L’audience a commencé par l’audition d’un nouveau témoin, un employé d’un restaurant avoisinant les lieux des faits. Au moment de la fusillade, ce témoin était à l’intérieur et n’a rien vu de la scène. Cette audition n’a donc rien apporté de nouveau. Ensuite, plusieurs avocats représentants, leurs Barreaux respectifs (Ordre national des Barreaux de Turquie, Barreau de Diyarbakir, Barreau de Muş), et la famille Elçi ont pris la barre. Les avocats ont dénoncé unanimement une procédure qui s’est étendue sur 8 ans et l’absence de progrès pour éclaircir les circonstances de la mort de Tahir Elçi. De fait, les preuves continuent de manquer, dont le rapport […]
A look back at OIAD’s General Assembly on June 16, 2023, in Marseille: a constructive exchange with its members
On June 16, 2023, OIAD’s Annual General Assembly was held in Marseille, attended by almost 80 participants both online and at the Maison des Avocats de Marseille. The event was marked by the testimonies of lawyers from around the world who agreed to share their experiences within the profession, along with the adoption of the activity, strategic and financial reports. It was also highlighted by the handover of the Presidency and the election of a new member to the Observatory’s Board, the first awarding of the Observatory Human Rights Award, as well as thematic workshops which enabled members to exchange views. The powerful testimonies of lawyers in danger highlight the work of the Observatory. The participation of Tunisian lawyer Mounir Baatour and Ukrainian lawyer Tatiana Havryliuk at the Marseille Bar Association contributed to the exchange of ideas between OIAD member lawyers. From the podium, the human rights defenders shared their experiences with their colleagues, who sometimes face particular dangers in their home countries. “Persecution is fourfold: from the State, from the Bar Association, which has suspended me, from my colleagues who have refused to represent me, and from my clients who have refused my services,” explains Mounir Baatour about living […]
NICARAGUA: Joint Statement – The Observatory denounces the disbarment of 26 lawyers
The International Observatory for Lawyers in Danger (OIAD) has sent a statement to the Nicaraguan authorities expressing its concern at the Supreme Court’s decision to disbar more than 25 legal professionals who have defended political prisoners and opponents of Daniel Ortega’s government since 2018. The Observatory denounces the fact that in Nicaragua “there are currently different patterns of human rights violations”, and regrets that 94 people have been declared “stateless” and “traitors to the homeland”, including these lawyers, who were stripped of their professional licence and nationality on 11 May. It expresses its “concern about the lack of judicial independence in the decisions taken by the Supreme Court of Nicaragua”. “In particular, it is concerned about the lack of sufficient grounds for stripping a justice system player of his status as a lawyer on the basis of his statelessness, which inevitably reflects the political interests of the magistrates of this court”, states the communication sent to President Daniel Ortega. It therefore urges the government to take “all necessary measures to guarantee access to the practice of law in Nicaragua, as well as the safety and physical and psychological integrity of the lawyers mentioned”. It also asks them to “guarantee, in […]
COLOMBIA: VII International Caravana of Jurists report
“Confronting impunity: Protect Lawyers and Judicial Independence” is the title of the VII International Caravan of Jurists Report in Colombia, in which 6 delegates from the International Observatory for Lawyers in Danger participated. The full report is now available in English and is summarised below. Executive Summary of VII Caravane Report This report documents the findings of the visit in August 2022 by the VII International Caravana of Jurists to Colombia. The backdrop to the Caravana was the high murder rate of human rights defenders (HRDs) and social leaders, the alarming increase in territorial violence, and the acceleration of repression and criminalisation of social protest in recent years. As the delegation commenced, the incoming Petro government was promising to fully implement the Peace Agreement. Delegates were also aware of concerns about the Duque government’s failure to fulfill key commitments in the Agreement. With this in mind, the VII Caravana focused on the need for an independent judiciary and the protection of human rights lawyers and defenders, to confront impunity and guarantee access to justice for all. Convening first in Bogotá for preliminary meetings with Colombian colleagues, the Caravana delegates travelled to four regions, Bolívar (Cartagena), Norte De Santander (Cúcuta), Santander […]
CREATION OF THE OBSERVATORY HUMAN RIGHTS AWARD
11 April 2023 The Observatory is pleased to announce the creation of the Observatory Human Rights Award, which will be presented to a lawyer or lawyers’ organisation acting in favour of human rights in the world. The purpose of the award is to highlight and support the work done by the laureate(s), as well as to condemn the danger he/she has suffered in the exercise of the profession, and he/she should have honoured it by upholding the highest values of professional and personal ethics in the field of human rights. The Observatory therefore calls on all its active members to submit their candidates before 5 May 2023. For this first year, the prize will be awarded at the General Assembly in June 2023, by Mr. Jérôme Gavaudan, President of the Observatory. For more information about the award and the terms of reference, please contact contact@protect-lawyers.org.
TAMILLA IMANOVA: “I’d love to be an attorney under Russian law, but for that the system and presidency have to change”
On the occasion of International Women’s Day, the Observatory presents the portrait of Tamilla Imanova, a young woman lawyer who had to leave Russia because of her commitment to human rights. 26 years old lawyer Tamilla Imanova had been working for 4 years at the Memorial Human Rights Centre, one of the “Memorial” NGOs in Russia[1] when she had to flee her country. The Observatory has had the opportunity to interview lawyer Imanova and ask her about her career, the practice of law, the impact of the war in Ukraine and the gender equality in Russia, among other matters. What made you become a human rights lawyer? Tell us about your career. I knew that I wanted to do something useful for the society. I joined Memorial Human Rights Centre because it is one of the leading Russian NGOs who has submitted thousands of human rights violation cases before the European Court of Human Rights. I have been part of a very professional team of lawyers doing mostly international litigation in all sorts of cases[2], winning last year my first case before the ECtHR. To talk about our work, it is necessary to distinguish between before and after the start […]
AFGHANISTAN: Afghan lawyer Hossain Haydari’s interview
“I would like to see more extraditions from the country through diplomatic channels for those who are in danger” 28 february 2023 When the Taliban took the power, Hossain Haydari was arrested and all his belongings seized because of his work as a criminal lawyer and defender of women victims of gender-based violence. During his 16 weeks in prison, he was tortured and harassed. After his release, he managed to flee to Iran. Thanks to the support of the Fundación Abogacía and the Observatory (OIAD), he has just arrived in Spain, where he will seek asylum and international protection. We spoke to him about the complex situation in his country and the current state of justice. How is the practice of law in Afghanistan? There is no judicial system that corresponds to a state under the rule of law, and all the power to judge a case is in the hands of a judge, who has no legal knowledge. Laws have been repealed and the legal profession has been reduced by 99%. Despised by judges, lawyers can no longer practice their profession. For most criminal offences, such as theft, murder, kidnapping, political opposition or armed struggle, defendants are not entitled […]
ISRAEL: The Observatory and Amnesty International denounced the expulsion from Israel of the French-Palestinian lawyer Salah Hamouri
The Left / Flickr / 2012 In a joint article published on the website of “La Croix” on 22 December 2022, Jerôme Gavaudan, President of the Observatory (OIAD), and Jean-Claude Samouiller, President of Amnesty International France, denounced the decision of Israel to expel the lawyer Salah Hamouri. Read the full article below: “Nine months. It has been more than nine months since the French-Palestinian lawyer Salah Hamouri was arrested, then placed in administrative detention in an Israeli prison. Without the right to a fair trial, without any charges being brought against him, and under the pretext that he “would threaten the security of the region”, he has seen his prison sentence renewed every three months by decision of a military court since March. This Sunday, he was deported from Israel to France, without further trial, while the hearing to set the date of his deportation was scheduled for January 1st. Today, we ask the Israeli authorities to reverse this decision, by allowing him to return to work in his country, and live in his native land with his family. A dangerous precedent The revocation of his right of residence and his expulsion from Israeli territory, which had been hanging over […]
OIAD IN ISTANBUL AT THE TRIAL OF LAWYER EFKAN BOLAC
Engin Akyurt / Pexels / 2010 Efkan Bolac, a lawyer at the Istanbul Bar Association and a member of the Progressive Lawyers Association (CHD), appeared before the 52nd Chamber of the Caglayan Court on Tuesday, January 24, 2023, for having published a cartoon featuring Recep Tayyip Erdogan in 2018. The “incriminated” cartoon, which appeared in the press a first time in 2014, refers to the mining accident that occurred the same year in the city of Soma causing 301 victims, the most serious industrial disaster in Turkey. The cartoon depicts a man with features similar to President Erdogan, being kicked by a miner. During the protests against the neglect of the disaster, one of Erdogan’s advisors kicked a miner who was pushed by the police and fell in front of him. Efkan Bolac, who had republished this drawing in 2018, is therefore prosecuted for insulting the President of the Republic. He faces 4 years in prison, even though Recep Tayyip Erdogan was Prime Minister at the time of the facts. At the hearing on January 24, the judge postponed the case to June 1st, 2023, on the pretext that the court was waiting for the written transcript of the audio recording of […]
IRAN: Arbitrary arrests of lawyers and death sentences
Blondinrikard Fröberg / Flick / 2014 The International Organization of Lawyers in Danger (OIAD) expresses its dismay and horror regarding the situation in Iran, particularly with regard to the dozens of lawyers arbitrarily detained and the serious violations of the rights of the defense in the context of the massive use of the death penalty. Since the beginning of the brutal and relentless repression of peaceful citizen demonstrations in September 2022 by the Iranian authorities, 525 protesters, including 71 minors, have been killed. To date, 19,546 people have been counted as “disappeared” while only 5019 detainees have been identified and counted in prison. The legal profession has not been spared by the repression. The demonstration organized by the Tehran Bar Association on 12 October 2022 was violently repressed. Since September 2022, 45 lawyers have been arrested. Of these, 18[1] are still in detention and 27[2] have been released on bail and are facing prosecution. The Iranian regime has already sentenced some 20 protesters to death after summary trials without any procedural safeguards and based on confessions that are believed to have been obtained under torture. Mohsen Shekari, Majid Reza Rahnavard, Mohammad Mehdi Karami, Sayed Mohammad Hosseini were executed between 8 […]
2023: Afghanistan
Every year on the 24th of January, the International Day of the Lawyer in Danger mobilises the international community on the difficulties and threats to the practice of law. The situation of lawyers in Afghanistan was chosen for the year 2023. Lawyers have been targeted since the Taliban government took power on 15th of August 2021. The impossibility or even the prohibition for women to practice their profession and the obligation for men to obtain a new licence under the control of the terrible Taliban Ministry of Justice, undermine the free exercise of lawyers’ profession. Not to mention the dramatic deterioration of the rule of law, jeopardising the lives of thousands of Afghans, including many lawyers, forced to flee or hide in the country. On the occasion of this international day, the OIAD is organising a virtual conference on the 20th of January 2023 entitled “The defence of defence in times of crisis”, which will provide an opportunity to discuss the situation in Afghanistan, but also in Ukraine and Iran. *** Join us online for this mobilisation day. The debates will be fully translated into English, French, Spanish and Italian. We also invite you to participate in the OIAD’s […]
INTERNATIONAL DAY OF THE LAWYER IN DANGER 2023: THE OIAD TAKES ACTION FOR AFGHANISTAN!
Every year on the 24th of January, the International Day of the Lawyer in Danger mobilises the international community on the difficulties and threats to the practice of law. The situation of lawyers in Afghanistan was chosen for the year 2023. Lawyers have been targeted since the Taliban government took power on 15th of August 2021. The impossibility or even the prohibition for women to practice their profession and the obligation for men to obtain a new licence under the control of the terrible Taliban Ministry of Justice, undermine the free exercise of lawyers’ profession. Not to mention the dramatic deterioration of the rule of law, jeopardising the lives of thousands of Afghans, including many lawyers, forced to flee or hide in the country. On the occasion of this international day, the OIAD is organising a online conference on the 20th of January 2023 entitled “The defence of defence in times of crisis”, which will provide an opportunity to discuss the situation in Afghanistan, but also in Ukraine and Iran. *** Join us online, for this mobilisation day. The debates will be fully translated into English, French, Spanish and Italian. We also invite you to participate in the OIAD’s workshops. […]
STRASBOURG: The OIAD attended as observer to the 3rd meeting of the Committee of Experts for the drafting of a Convention on the Protection of Lawyers
The 3rd meeting of the Committee of experts on the Protection of Lawyers (CJ-AV) in charge of drafting an international legal instrument on the protection of lawyers was held in Strasbourg from 8 to 10 November 2022. The Observatory participated as an observer, represented by Laurence Roques, who summarised the content of the meeting as follows: “Massimo Audisio, who represented the OIAD at the first two meetings, recalled that these meetings had focused on the binding nature of the instrument, with a sub-question concerning the procedure for monitoring the binding nature of it. Even though a large majority of States were in favour of the binding nature of the instrument, given the lack of unanimity (Turkey opposed it), this question was postponed until later. This meeting was dedicated to study the substantive articles of the convention. It was agreed to postpone consideration of the preamble until the end, once all the articles of the convention have been agreed, which is more coherent as it will be easier to write it once a consensus has been reached on the content of the convention. Discussions were focused on both definitional and translation issues between the English version (the original version, as it […]
IRAN: The OIAD, together with other lawyers’ associations, takes action in favour of Iranian lawyers and denounces the situation at the United Nations.
On 24th November, on the occasion of the Special Session of the UN Human Rights Council on the deteriorating human rights situation in the Islamic Republic of Iran, a joint statement by lawyers’ associations, including the OIAD, was distributed by lawyers in robe at the “place des nations” in Geneva. The statement was also delivered to the Special Rapporteur on the independence of judges and lawyers. This joint statement has been issued to help secure immediate, coordinated, multi-sectoral action on legal independence in Iran to guarantee lawyers practice their profession without fear of repression or persecution The Observatory, together with the International Bar Association’s Human Rights Institute, the Union Internationale des Avocats, Lawyers Rights Watch Canada, ASF Suisse, and Lawyers for Lawyers call on the Islamic Republic of Iran and its agencies to protect, promote, and support the following basic rights: 1) the independence of the legal profession; 2) the principle of lawyer-client confidentiality; 3) the right to have access to a legal representative; 4) the right to prepare a defence. The joint statement signed by the above organisations reflects our alarm over state repression of protests and the practices established by the regime that restrict and violate the independence […]
TURKEY: Press release on the observation mission to the trial of the assassination of Barrister Tahir Elçi
On 15 June 2022, a delegation from OIAD, the Geneva Bar Association and secretaries of the Paris Bar Conference attended the 5th hearing of the defendants in the Barrister Tahir Elçi assassination case. Tahi Elçi was elected as the President of the Diyarbakir Bar Association in 2012 and had been working with national, international and non-governmental organisations especially on the the Kurdish resolution process (peace process) in Turkey and promoting the rights of the people in the Kurdish region, mainly in Diyarbakır. On 28 November 2015, Tahir Elçi was shot dead while holding a press conference he had organised at the “four-legged minaret” in Diyarbakır to denounce the serious human rights violations committed during the curfews in Cizre, Sur, Silopi and Nusaybin, and to make a public appeal for the protection of cultural property and heritage during the conflict. In September 2021, Ahmet Davutoğlu, former Prime Minister stated regarding the causes of Tahir Elçi’s death: “This is an assassination plot against Tahir Elçi. The target is clear, it is Turkey. The second possibility is that, following the terrorists’ attack, our police officers fired shots in order to protect the population there and Tahir Elçi was caught in the crossfire. There […]
COLOMBIA: Letter to Colombian authorities on the risk situation of lawyer Luz Romero Villalba and the Association COLEMAD
The Observatory, together with the International Caravan of Jurists, Lawyers for Lawyers, Lawyers Rights Watch Canada and Global Justice Association, has informed the Colombian authorities of its concern about information received regarding the situation of Luz Estella Romero Villalba and the rest of the members of the Asociación Colectivo Mujeres al Derecho (ASOCOLEMAD or Collective Association of Women in Law), composed of lawyers and human rights defenders in their country. In the communication, the OIAD and the other organisations have urged the Colombian institutions and authorities to: Take all necessary measures to guarantee the safety and physical and psychological integrity of those who make up ASCOLEMAD, within the framework of protection programs and international standards; Guarantee, under all circumstances, that human rights defence lawyers in Colombia can carry out their activities in defence of human rights without fear of reprisals and without restrictions and with respect for the United Nations Basic Principles of the Role of Lawyers, signed in Havana in 1990. Likewise, in particular, we have urged the Office of the Attorney General to observe due diligence and guarantee the rights to due process, defence, access to justice and the right to information in the investigation of the reported […]
COLOMBIA: Press Release of the VII International Caravana of Lawyers
Bogotá, 26 August 2022 – The VII International Caravana of Lawyers has travelled to the regions of Cali, Bucaramanga, Cartagena and Cúcuta where, by listening, observing and gathering the testimonies of victims of human rights violations and their relatives, their legal representatives, the judiciary and institutions, it has reached these preliminary findings. One starting point is the concern about the lack of implementation of the Peace Accord, the continuity of the armed conflict, as well as the serious and increasing levels of violence perpetrated by illegal armed actors involved in drug trafficking and other criminal activities in the regions. Other key elements of the complex current situation include the high and rising levels of poverty and unmet basic needs of the communities, as well as the conflicts surrounding access to water, land and the presence of extractive projects that threaten water and other natural resources. The Caravana is deeply concerned about serious threats to the rule of law that limit access to justice, the repression of political participation and social protest, and the lack of security guarantees for those carrying out vital human rights work in Colombia. Repression and criminalisation of political participation and social protest: The Caravana is concerned […]
AFGHANISTAN: Press release of the Observatory
CONSEQUENCES FOR THE LEGAL PROFESSION ONE YEAR AFTER THE FALL OF KABUL The precipitous fall of Kabul to the Taliban on 15 August 2021 and the re-establishment of the Taliban government put an end to 20 years of social development and rule of law building. This has resulted in the flight of thousands of people from Afghanistan, including many lawyers, judges and prosecutors. Many of them are now in Pakistan, Iran or the United Arab Emirates waiting to find a host country. Their living conditions are particularly difficult and the waiting times for their visa applications to be processed are getting longer and longer. One of the first decisions of the new Taliban Ministry of Justice was to require all Afghan lawyers to obtain a licence issued by the Ministry in order to continue practising. On 23 November 2021, a group of armed Taliban took control of the Afghanistan Independent Bar Association (AIBA) on behalf of the government. This gave the Taliban access to the AIBA’s database, which includes detailed personal information on lawyers’ families and clients, putting these lawyers at serious risk of retaliation. The International Observatory for Lawyers in Danger (OIAD for its French acronym) is launching a […]
The Observatory reaffirms its commitment to lawyers at risk at the General Assembly in Rome on 20 May 2022
After two years of working remotely, on 20 May 2022 the International Observatory for Lawyers at Risk finally convened in Rome for its annual General Assembly. Members of the Observatory were able to participate in person or online in the meeting as well as in an open conference organised the day before to make the work of the OIAD more visible. Conference on the role of lawyers in building the rule of law On Thursday 19 May, the conference on the role of lawyers in the construction of the rule of law was held. Maria Masi, President of the Consiglio Nationale Forense, welcomed the participants and praised the work of the Observatory. Francesco Caia, President of the International Observatory for Lawyers in Danger, introduced the conference by stating that “The best way to exert effective pressure on governments and authorities is to multiply debates and meetings, involving citizens; to publicise the facts and circumstances that lead to the erosion of the rule of law in many countries of the world, telling the stories, the intimidation, the unjust arrests, the arbitrary convictions and, unfortunately, in the most serious cases, the violence and murders of lawyers. “ David Ermini, vice-president of […]
CONFERENCE [May 19, 2022]: The role of lawyers in the promotion of the rule of law: international institutions to guarantee and defend the practice of lawyers
On May 19, 2022, the Observatory organizes an online and in person conference from 5:00 pm to 6:30 pm (CET)
COLOMBIA: [Video] The Observatory supports Colectivo de Abogados José Alvear Restrepo
The International Observatory for Lawyers in Danger supports the José Alvear Restrepo Lawyers’ Collective in the context of the Cajar v. Colombian State hearings before the Inter-American Court of Human Rights. This is the first case of illegal intelligence against human rights lawyers to reach the IACHR. Alfredo Irujo, member of the executive committee of the Observatory, has denounced on behalf of the Observatory, the impunity for acts that violate the privacy and professional secrecy of CAJAR and all lawyers in Colombia. It also affirms that the hearings before the Inter-American Court of Human Rights on 12 and 13 May should make it possible to measure the impact of these threats to the work and life of human rights defenders in Colombia, as well as to point the way towards the comprehensive protection of the work and of human rights defenders. Finally, it encourages the Colombian state to provide concrete and transparent information on the identification of the victims of illegal eavesdropping activities. In such a way that they can exercise their right of access to justice and effective measures are taken so that these serious human rights violations are not repeated and are clarified.
TURKEY: Lawyer Can Atalay and six other defendants were sentenced to 18 years in prison, without any evidence
Osman Kavala, publisher, sponsor and human rights defender, who has been arbitrarily imprisoned for the past four and a half years, has been sentenced to life imprisonment. Lawyer Can Atalay and six other defendants were sentenced to 18 years in prison, without any evidence. Osman Kavala was, on 25 April 2022, convicted by the 13th Istanbul Assize Court of “attempting to overthrow the government” under Article 312/1 of the Turkish Penal Code in the Gezi Park trial. Nearly 5 million people participated in the peaceful Gezi Park protests across the country in 2013, marking the beginning of the authoritarian and repressive drift of the Turkish authorities in major Turkish cities. Lawyer Can Atalay, as well as the architect Mücella Yapıcı, the producer Çiğdem Mater, the Bogazici University Science Po director Hakan Altınay, the documentary film director Mine Özerden, the architect Tayfun Kahraman, and the professor Yiğit Ali Ekmekçi, were sentenced to 18 years in prison by the same court, on political grounds. This verdict not only contradicts the ruling of the European Court of Human Rights, which condemned Turkey for violating Osman Kavala’s right to freedom, imprisoned “with the aim of silencing him”, but also exposes once again the lack […]
Turkey: The Observatory and its members, the French National Bar (CNB), the Paris Bar and the Bologna Bar, were present at the trial of our Turkish colleagues imprisoned for 6 years
The Observatory and its members, the French National Bar (CNB), the Paris Bar and the Bologna Bar, were present on 23 March 2022 at the trial of the “Progressive Lawyers Association” (CHD) at the Silivri high security prison complex (Turkey). In this case, 22 lawyers, members of the CHD association, have been prosecuted since 2013 based on the Turkish anti-terrorist law. Ebru TIMTIK lost her life after a 238-day hunger strike, launched to obtain a fair trial. Selçuk KOZAGACLI, former president of the CHD and Barkın TIMTIK, lawyer and Ebru’s sister, have been imprisoned for almost 6 years. Since the beginning of this case, the lawyers have denied all its elements; the protagonists of the case, the investigation, the evidence, and the witnesses. The prosecutor who prepared the indictment was sentenced to life imprisonment for “belonging to the Gulenist movement” and is currently on the run. The Deputy Director of the Istanbul Anti-Terror Division and police officers serving in the division are being prosecuted for, among other things, “forgery”, “fabrication of false evidence” and “altering illegally obtained digital data”. The main investigator, the police officer who carried out the instructions of the said prosecutor, was dismissed and prosecuted for “forgery” […]
International Women’s Day
The Observatory supports women lawyers March 8 is the International Women’s Rights Day. On this occasion, the Observatory wishes to put forward profiles of women lawyers who fight for the recognition of their rights in their country. Many women lawyers are persecuted in the world, the Observatory affirms its support. As members of the profession, these women must be recognized the same rights as their colleagues. The Basic Principles on the Role of Lawyers adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders held in Havana (Cuba) in 1990 reaffirms in its preamble that: ““the peoples of the world affirm, inter alia , their determination to establish conditions under which justice can be maintained, and proclaim as one of their purposes the achievement of international cooperation in promoting and encouraging respect for human rights and fundamental freedoms without distinction as to race, sex, language or religion”. Some of our colleagues have recently been victims of violence and intimidation in the course of their work. In Afghanistan, Latifa Sharifi was threatened for her fight against domestic violence against women. In the Philippines, Czarina Musni, committed to the protection of vulnerable people and […]
NICARAGUA: Interview with lawyer José Arnulfo López and his family in Spain
[Flickr / Karen] Lawyers José Arnulfo López and Arlene Muñoz explain in an interview with the newspaper “El País” about their hasty flight from Nicaragua to Spain with their two children, due to the high risk of Arnulfo’s arrest. Indeed, this is a well-founded risk. Since the popular protests against the Nicaraguan government in 2018, “more than 110,000 Nicaraguans have fled into exile, according to the UN refugee agency (UNHCR) “[1]. The family denounces the state repression they have suffered in the form of threats and attacks, particularly since José Arnulfo began to legally represent political prisoners and opponents of the Ortega regime. Read the full interview HERE The Observatory has monitored the asylum case, accompanying and supporting lawyer José Arnulfo and his family in Spain, where they are currently waiting for their asylum application to be granted. In this process, they have the pro-bono legal advice of the lawyer Sidi Talebbuia, an expert in international law and immigration, and a collaborator of the Observatory. On 24 February 2022, they both took part in the Round Table on the asylum procedure for lawyers in danger. Watch the full video of the conference on our Youtube channel. [1] […]
UKRAINE: The observatory strongly condemns military invasion of Ukraine
25 February 2022 On 24 February 2022, the Russian authorities launched an offensive to invade Ukraine. Many Ukrainian colleagues, civilians and families are suffering from the military attacks as we speak. As a non-governmental organisation dedicated to promoting human rights and the defence of lawyers under threat around the world, the International Observatory for Lawyers in Danger strongly condemns this decision by the Russian authorities to use armed force to invade Ukraine. The Charter of the United Nations adopted on June 26, 1945 in San Francisco proclaimed the will of the signatory countries to save succeeding generations from the scourge of war, which twice in the space of a human life has inflicted untold suffering on mankind. By this commitment the States resolved not to resort to armed force and to prefer the peaceful settlement of disputes between countries. The Observatory wishes to express its solidarity with the Ukrainian people and in particular with the colleagues who are fighting for the respect and maintenance of the rule of law.
Roundtable: Asylum procedure for lawyers at risk
The Observatory and the Fundación Abogacía Española invite you to their round table on the asylum procedure for lawyers in danger. The International Observatory for Lawyers in Danger (IOLD) and the “Fundación Abogacía Española” have identified the need and interest to deepen and provide knowledge on the particularities of the asylum procedure when the applicant is a lawyer in danger. Indeed, the exercise of the legal profession in certain countries and contexts is a high-risk activity, which sometimes leads to the forced exile of these professionals. The aim of this meeting is to present the current legal framework of the asylum procedure in Spain, reflecting on the possibility and necessity of arguing the condition of a lawyer in danger as an asylum seeker. To do this, we will have recourse to experts in the field, as well as the testimony of a Nicaraguan lawyer in exile and seeking asylum in Spain. The event will take place in Madrid in the Assembly Hall of the General Council of Spanish Lawyers on 24 February 2022 at 16:30. The event will be broadcast live on the internet. Please register at the following link to access the event online: REGISTER Link to the programme. […]
Webinar Replay: The Day of the Lawyer in Danger Colombia 2022
On the 24th of January, The Observatory held its webinar dedicated to Colombian Lawyers. ➡️Watch the replay on our youtube channel The webinar is also available in French, Spanish, Italian
Francesco Caia has participated at the event “TROBADES DE BARCELONA MEMORIAL JACQUES HENRY”
7 February, 2022 Francesco Caia, President of the Observatory, has participated on Friday 4th of february at the Memorial Jacques Henry hosted by Barcelona Bar due to the Sant Raimon de Penyafort´s festivity. In this conference, he has been part of the first pannel « Human Rights tools for changing the world ». At this space, he has share the observatory´s work as fundamental tool to protect the lawyers. In his own words, « Protection of the Lawyers means protection of the people they represent. A free, independent and free of influence legal advice would ensure the Effective Legal Protection of the citizenship”.
COLOMBIA: Video testimony of lawyer Germán Romero
The profession lacks a National Bar Association to protect the interests of lawyers in Colombia German is sharing his experience as human rights lawyers, the numerous threats hindering his daily work and the systemic issues from which the colombian Justice is suffering about.
COLOMBIA: Video testimony of lawyer Adil Melendez
What are the risks for lawyers in Colombia ? Adil Meléndez is a environment and human rights lawyer in Colombia. Denouncing the action of the State, Adil is highlighting the threats that suffers lawyers in their daily job.
MEXICO/ Inter-American Court of Human Rights : Mexico condemned for the murder of Digna OCHOA, lawyer and human rights defender
25 January 2022 The Inter-American Court of Human Rights has issued a new ruling condemning Mexico for violating the right to life, the guarantees of judicial protection and the right to honour and dignity of human rights defenders. This is the case of Family of Digna Ochoa y Placido v. Mexico, in which the Court ruled on the responsibility of the State and its lack of diligence in the investigation of the murder of human rights lawyer Ms. Ochoa, occurred in October 2001, and the violation of her family’s right to know the truth about the facts. In May 2021, the International Observatory for Lawyers in Danger, together with the Spanish Lawyers’ Foundation, presented an Amicus curiae brief before the Inter-American Court of Human Rights, in collaboration with the legal team of the victim and her relatives, led by lawyer Karla Micheel Salas. The brief highlighted the prejudice suffered by the family of the Mexican lawyer due to errors in the investigation and the failure of the Mexican State to act despite the numerous requests filed by the family. This judgment obliges Mexico to complete the investigation to determine the circumstances of the murder of Ms. Digna Ochoa in 2001 […]
COLOMBIA: Testimonial video of lawyer Daniel Prado
How has the practice of law evolved in Colombia? Daniel Prado is an independent lawyer associated with the Justice and Peace Commission (JyP), which carries out accompaniment processes with victims and communities using different approaches. Over the course of 30 years, Mr. Prado has witnessed the decline of the judicial system in Colombia and has suffered multiple threats because of his work. The lack of support and protection of lawyers by the State, led by conflicts of interest, puts human rights lawyers at risk.
COLOMBIA: VIDEO testimony of Lawyer Zoraida Hernández
What is needed for lawyers to be able to practice their profession freely in Colombia? Zoraida Hernández Pedraza, colombian human rights lawyer shares with you her opinion on the situation of the legal profession in Colombia: Zoraida Hernández, who has 26 years of human rights experience in Colombia, has suffered extensively with her family from violence against human rights lawyers. Zoraida exposes the need to take measures against the current military doctrine in Colombia to ensure the international human rights standards granted to human rights defenders. Read more about Ms. Hernandez’s work in the article dedicated to the Interational Day of Lawyers in Danger.
COLOMBIA : Press release of the Observatory
On the occasion of the International Day of the Lawyer in Danger dedicated to Colombia which will be held on January 24th, the Observatory and its founding members address the following statement to the Colombian authorities. Read the press release.
COLOMBIA : Online Conference International Day of the Lawyer in Danger 2022
On 24 January 2022, on the occasion of the International Day of the Lawyer in Danger, the Observatory is organising an online conference from 5pm to 6.30pm (CET) translated into English, French, Italian and Spanish. Read the programme. Link to register for the conference : https://us06web.zoom.us/webinar/register/WN_k6GzW1M6RT-ccVH1av9hcA To learn more about the International Day, we invite you to read the Observatory’s documentation.
2022: Colombia
A BACKDROP OF NATIONAL CONFLICT Colombia is marked by profound crises. For more than 50 years, it has suffered an internal armed conflict involving the state, paramilitaries, guerrillas and drug traffickers. Colombia is also facing a serious social crisis, with a highly divided society and great inequalities. This situation leads to numerous human rights violations. AN UNRESOLVED ARMED CONFLICT In 2016, the signing of the peace accords in Havana between the Colombian government and the FARC (Revolutionary Armed Forces of Colombia) officially ended the armed conflict. However, the peace process has not yet fully concluded. Negotiations with the National Liberation Army (ELN) guerrillas have been suspended and paramilitary groups and drug trafficking continue to rise. Despite the establishment, laid down by the accords, of the Special Jurisdiction for Peace (JEP) intended to facilitate national reconciliation and help the victims of the conflict, the Colombian population continues to suffer from violations. Defence lawyers face pressure that obstructs their work. ©Equipo Juridico Pueblos REPRESSION OF SOCIAL PROTESTS In 2021, the country‘s citizens demonstrated against the government over a proposed tax reform that would negatively affect them. Repressing these protests, the government responded with a brutal attack on the rule of law denounced by the Inter-American Commission on Human Rights as well as many national and international organisations. This has given rise to a dramatic increase in the demand for legal assistance for victims of detention, torture, disappearance, sexual assault and other attacks. Lawyers retained to take on these cases are […]
COLOMBIA: Joint letter: Death threats against CCAJAR’s lawyers
[Photo: Edgar Jimenez / Flickr] The International Observatory of Lawyers at Risk together with other signatory organisations have sent a joint letter to Colombian President Ivan Duque to express their concern for the safety of members of the Colombian human rights law firm, Corporación Colectivo de Abogados José Alvear Restrepo (“CCAJAR”), in connection to the death threats recently issued against CCAJAR in a pamphlet issued in the name of “Águilas Negras”. Access the full document HERE.
Afghanistan: The Afghanistan Independent Bars Association stormed by the Taliban
Farid Ershad/ Unsplash / 2021 November 23, 2021 On Tuesday, November 23, 2021, fifty armed Taliban took control of the Afghanistan Independent Bars Association (AIBA) by force. During their violent intrusion, they ordered the verification of all contracts signed by the Bar Association with foreigners. The Taliban also seized funds belonging to the 2,500 lawyers who finance the Bar Association. These actions seriously jeopardize the integrity of the Bar Association and professional secrecy. AIBA is one of the only bar associations in the world that has a quota of women on all executive committees and at least one vice president must be a woman. At this time, it is unclear what impact the “nationalization” of the Afghanistan Bar Association will have specifically on women leaders of the Bar Association. This attack against the bar is part of the process of deconstruction of the rule of law in Afghanistan since the seizure of power by the Taliban on August 15, 2021, and follows in particular the takeover of the Ministry of Justice on access to the profession. Indeed, from now on, all lawyers in the country who have a license with the AIBA will have to acquire a new license from […]
PHILIPPINES: Letter of objection to the candidacy of Mr. Herminio “Harry” Roque Jr. to the United Nations International Law Commission
[Unsplash / Mathias P.R. Reding / May 2020]. The Observatory has sent a letter to the authorities of France, Italy, Switzerland and Spain expressing its opposition to the candidacy of Mr. Herminio “Harry” Roque Jr. to the United Nations International Law Commission. As an official spokesperson for Philippine President Rodrigo Duterte, who is currently under investigation by the International Criminal Court for crimes against humanity for extrajudicial killings and other violations in his so-called “war on drugs”, Mr. Roque has publicly defended and justified attacks on human rights, justice, due process and the rule of law. Access the full document HERE.
NICARAGUA: The legal team of the association “ACCIÓN PENAL” forced to continue its work defending political prisoners from exile
[Flickr / Alexander Schimmeck 2018] Lawyers of Acción Penal have been forced to continue their work from exile after being under constant attack for their legal defence of political prisoners. Acción Penal is an association created by criminal lawyers, all of whom previously worked as prosecutors in the Nicaraguan Public Ministry. This association was created in February 2019 to respond to the need for legal defence of political prisoners and legal assistance to victims of repression, in the context of the social and political crisis affecting Nicaragua. Acción Penal is composed of a permanent team of three lawyers who work occasionally with three other associate lawyers. The members of Acción Penal work to assist persons deprived of their liberty who are protesting for the respect of human rights in Nicaragua. In this way they promote access to free and quality legal defence, the creation of specialised documentation recording human rights violations, as well as the filing of legal actions against the Nicaraguan state for these violations. Acción Penal’s legal team has been working in a hostile context when dealing with legal issues related to the social and political crisis of April 2018. State repression has increased in the context of […]
RUSSIA: Open letter: Concern about the safety and independence of Mr Ivan Pavlov
14th of October 2021 The OIAD has addressed an open letter to the Minister of Justice The Russian Federation to assert the concern for the safety and independence of the Lawyer Ivan Pavlov. Access the full document HERE.
Turkey: Fact-finding mission from 15 to 20 September 2021 : 18th hearing of the trial of lawyers Selçuk Kozağaçlı and Barkın Timtik, detained for 5 years
From 15 to 20 September 2021, an international delegation of lawyers representing several organisations, including the OIAD, returned to Turkey in the course of a fact-finding mission to visit imprisoned lawyers and attend their trials. This mission followed the last trial monitoring mission, carried out in April 2021, which concerned the OCH (Law Office for the People) and CHD I (Association of Progressive Lawyers) cases, involving lawyers who are members of human rights associations. The arrest and imprisonment of these lawyers has already been denounced by the OIAD and many international actors for violating the principles of a fair trial, and the rights of the defence. For more details, see the mission report recently published by the OIAD. On September 15, 2021, Jacopo Ograbek, mandated by the OIAD, attended the hearing of lawyers Selçuk Kozağaçlı and Barkın Timtik, who have been in pre-trial detention for 5 years for, among other things, “belonging to a terrorist organization”. They are being tried by the Istanbul Criminal Court n°18, after a review by the Turkish Court of Cassation which decided to overturn the appealed judgment. They are appearing in two cases that were irregularly joined following the decision of the Court of Cassation. […]
Belarus : OIAD denounces and condemns the harassment of lawyers
Alexander Lukashenko’s election for a sixth term in August 2020, after being in power for 26 years, has raised a wave of protests and demonstrations in Belarus. Indeed, his 80% election victory raised serious doubts as to the legality of the election. Consequently, the climate of tension that prevails since the election between the demonstrators and opponents of the regime on the one hand and government forces on the other has increasingly worsened lawyers’ working conditions. Lawyers who provide legal assistance to anti-government protesters are being threatened with arrest, license suspension and even disbarment. According to the International Federation for Human Rights (FIDH), since the summer of 2020, more than 23 lawyers have been disbarred. The justifications for these disbarments are often debated. For example, the Belarusian lawyer Mikhail Kirilyuk, who provided legal representation to a protester, was threatened and had his license revoked for making “rude comments” and “unacceptable public statements” about government officials. More recently, on 6 September 2021, the lawyer Maksim Znak was sentenced to 10 years in prison for “plotting to seize power by unconstitutional means”, “creating and leading an extremist group”, and “calling for actions undermining national security” on the media. He had been providing […]
THE PHILIPPINES: Official Launch of the Final Report on human rights by INVESTIGATE PH
OIAD informs that the official launch of the final report on human rights violations in the Philippines by the Independent International Commission of Investigation into Human Rights Violations in the Philippines (INVESTIGATE PH) will take place on 13 September 2021. CLICK HERE for details and to register.
AFGHANISTAN : OIAD members mobilise to assist lawyers and civilians at risk
The member Bars of the OIAD are deeply concerned about the collapse of the Afghan government and the takeover of power by the Taliban leadership. They stress that this situation implies an inexorable deterioration of rights and freedoms in Afghanistan. The risk of persecution is particularly serious for women and children, ethnic, religious and homosexual minorities as well as human rights defenders and Afghans who have come to the aid of foreign countries. The Paris Bar and the French National Bar Council, the Consiglio Nazionale de Forense and the Consejo General de la Abogacia Espanola immediately communicated their solidarity and mobilised to help not only Afghan lawyers but also to all civilians in danger who request it. The Paris Bar calls for the urgent evacuation of all civilians at risk to ensure their protection[1]. For the President of the Paris Bar Olivier Cousi, “it is essential that foreign governments grant visas as a matter of urgency for civilians who might be targeted by the Taliban. (…) Suspending all deportations to Afghanistan is an absolute necessity and Afghans fleeing their country must be given real opportunities to obtain asylum”. The lawyers of the Conseil National des Barreaux[2] recall that France […]
Pegasus Project: human rights lawyers among those targeted in the large-scale espionage attack
A massive data breach reveals that the Pegasus spyware, designed by the Israeli company NSO Group, has been used by governments to surveil lawyers, journalists, human rights activists and politicians around the world. The leak of a database, created since 2016, with more than 50,000 phone numbers, suggests that these professionals and activists were selected to be tapped through the Pegasus spyware. NSO Group’s creation, once installed on the victim’s phone, allows the attacker to access all the phone’s activity, as well as record it. For its part, the company insists that Pegasus is only intended for the prosecution of terrorists and criminals. However, it is alarming that the tool has been sold to some of the countries with the highest number of international complaints of human rights violations and that the profiles of those selected as surveillance targets are mostly lawyers, journalists, human rights activists and government opponents. These actions are particularly serious as they are attacks against operators who work for the defence of human rights in their respective professions. The OIAD particularly regrets the number of lawyers targeted in the leaked data, including London-based lawyer Rodney Dixon, who represents high-profile human rights cases[1]. In addition, enquiries also […]
Honduras: David Castillo found guilty of masterminding Berta Cáceres’ murder
David Castillo, one of the directors of the Honduran electricity company DESA, was found guilty on Monday 5 July of being the mastermind of the murder of environmentalist leader Berta Cáceres. The sentencing hearing is scheduled for 3 August, when the sentence will be announced. Berta’s family and legal representatives have described the ruling as “a historic step in the fight against impunity for crimes committed against human rights defenders”, as it is the first time that the director of one of the companies involved in this type of crime has been convicted of being the mastermind. The judges based their decision on the information gathered from the mobile devices, which allowed them to establish the plan to assassinate Cáceres and put an end to the opposition she represented to the hydroelectric construction project on the Gualcarque River. In addition, the legal team stressed that the evidence gathered in this process would be used to demonstrate the involvement of more powerful actors such as the Atala Zablah family, owners of the company who has important political connections. The prosecutor’s office has assured that it is working on this investigation. The International Observatory for Lawyers in Danger has been participating since […]
COLOMBIA: Constitutional Court orders the transfer of the Dilan Cruz case to Ordinary Jurisdiction
The Colombian Constitutional Court issued on 17 June 2021 a statement on the matter of jurisdiction review in the Dilan Cruz case. The OIAD submitted an Amicus Curiae brief to the Court on this matter. The Dilan Cruz case refers to the killing of the young man by a member of the National Police during the 2019 National Strike demonstrations in Colombia. So far, the case has been assigned to the Military Criminal Jurisdiction. However, the Constitutional Court, in line with the OIAD Amicus Curiae, reiterated that the natural judge is a guarantee of due process for both the accused and the victims. Likewise, it indicated that, in the specific area of criminal law, the natural jurisdiction is the ordinary one. In this regard, he recalled that the competence of other jurisdictions, and in particular the Military Criminal Justice system, is restricted and exceptional. In the specific case, the Court ruled that the criminal proceedings against the captain of the National Police for the death of Dilan Cruz should be transferred to the Ordinary Jurisdiction, thus protecting the fundamental rights of the victims to due process and to have an effective judicial remedy. Read HERE the statement of the Constitutional […]
THE PHILIPPINES: ATTACKS AGAINST LAWYERS FURTHER ESCALATING
24th June 2021 OIAD together with 29 organisations sign a joint statement on the continuing attacks against lawyers in the Philippines. Attacks against lawyers in the Philippines continue to take place and killings have reached a record high since the start of President Duterte’s administration five years ago. Through the joint statement we express our deep concern over the attacks and the oppressive working environment lawyers still face in the Philippines. We call again on the Duterte Government to adequately protect the safety and independence of lawyers and end the culture of impunity in which these attacks occur. Read the full statement HERE.