{"id":10729,"date":"2024-03-25T20:48:46","date_gmt":"2024-03-25T20:48:46","guid":{"rendered":"https:\/\/protect-lawyers.org\/case\/adil-melendez-marquez\/"},"modified":"2025-03-17T16:32:29","modified_gmt":"2025-03-17T16:32:29","slug":"adil-melendez-marquez","status":"publish","type":"listing","link":"https:\/\/protect-lawyers.org\/en\/case\/adil-melendez-marquez\/","title":{"rendered":"Adil Mel\u00e9ndez M\u00e1rquez"},"content":{"rendered":"<h4><i class=\"fa fa-angle-double-down\"><\/i> <a href=\"https:\/\/protect-lawyers.org\/en\/case\/adil-melendez-marquez\/#Alerta3\">ALERT 01\/02\/2024<\/a><\/h4>\n<h4><i class=\"fa fa-angle-double-down\"><\/i> <a href=\"https:\/\/protect-lawyers.org\/en\/case\/adil-melendez-marquez\/#Alerta2\">ALERT 27\/04\/2023<\/a><\/h4>\n<h4><i class=\"fa fa-angle-double-down\"><\/i> <a href=\"https:\/\/protect-lawyers.org\/en\/case\/adil-melendez-marquez\/#Alerta1\">ALERT 06\/12\/2019<\/a><\/h4>\n<p>&nbsp;<\/p>\n<h2><a id=\"Alerta3\"><\/a>COLOMBIA: Sir Henry Brooke 2024 prize awarded to lawyer Adil Mel\u00e9ndez, who denounces the withdrawal of protection measures<\/h2>\n<p><strong>1 February 2024<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>The Observatory welcomes the decision of the Alliance of Lawyers at Risk CIO to award its Sir Henry Brooke 2024 Prize to the lawyer Adil Mel\u00e9ndez, for his courage, determination and exceptional commitment to the defence of human rights and the rule of law in Colombia.<\/p>\n<p>However, during the award ceremony, which took place on 23 January 2024 in London, the lawyer was notified of the decision by the National Protection Unit (UNP) <strong>[1]<\/strong> to withdraw the security measures he had been benefiting from.<\/p>\n<p>Adil Mel\u00e9ndez is a well-known lawyer who has worked tirelessly to represent displaced, Afro-descendant, indigenous and peasant communities in emblematic land restitution cases, as well as victims of high-level corruption and crimes perpetrated by paramilitary groups in Colombia.<\/p>\n<p>The Observatory has already denounced and condemned the attacks on lawyer Adil Mel\u00e9ndez through alerts and statements directed at the Colombian government. Mr Mel\u00e9ndez has been the victim of death threats and assassination attempts on several occasions. The situation of risk was recognised by the Inter-American Commission on Human Rights (IACHR), which granted precautionary measures to guarantee his protection in 2006, considering that the risk he faced stemmed from his defence activities.<\/p>\n<p>&nbsp;<\/p>\n<p><strong>The Observatory deplores <\/strong>the decision of the National Protection Unit which leaves Adil Mel\u00e9ndez in a situation of total absence of protection, exposing the lawyer to serious risks for his life and that of his family.<\/p>\n<p><strong>The Observatory urges the Colombian authorities, and in particular the National Protection Unit<\/strong>, to reverse their decision and to take all necessary measures to guarantee the protection of Mr Melendez and to respect the precautionary measures granted by the IACHR.<\/p>\n<p>In view of this situation, <strong>the Observatory reminds the Colombian authorities<\/strong> of the provisions of the <strong>United Nations Principles on the Role of Lawyers<\/strong>, in particular <strong>principles 16 and 17<\/strong>:<\/p>\n<p><em>\u201cGovernments shall ensure that lawyers (a) <strong>are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference<\/strong> (\u2026).\u201d <\/em><u>(Principle 16)<\/u><\/p>\n<p><em>\u201cWhere the security of lawyers is threatened as a result of discharging their functions, they shall be <strong>adequately safeguarded by the authorities<\/strong>.\u201d <\/em><u>(Principle 17)<\/u><\/p>\n<p><strong><u>\u00a0<\/u><\/strong><\/p>\n<p><strong><u>Principe 16<\/u><\/strong>\u00a0: \u00ab\u00a0<em>Les pouvoirs publics veillent \u00e0 ce que les avocats a) <strong>puissent s\u2019acquitter de toutes leurs fonctions professionnelles sans entrave, intimidation, harc\u00e8lement ni ing\u00e9rence indue<\/strong>;(\u2026)\u00a0\u00bb<\/em><\/p>\n<p><strong><u>Principe 17<\/u><\/strong>\u00a0: <em>\u00ab\u00a0Lorsque la s\u00e9curit\u00e9 des avocats est menac\u00e9e dans l\u2019exercice de leurs fonctions, ils doivent \u00eatre <strong>prot\u00e9g\u00e9s comme il convient par les autorit\u00e9s<\/strong>.\u00a0\u00bb<\/em><\/p>\n<p>&nbsp;<\/p>\n<p>[1] The National Protection Unit (UNP) is the Colombian institution responsible for analysing requests for protection, carrying out risk studies and managing prevention and protection measures for people and communities whose lives, integrity and personal freedom are threatened by the development of their activities.<\/p>\n<h2><\/h2>\n<p>&nbsp;<\/p>\n<h2><a id=\"Alerta2\"><\/a>Colombia: The Observatory condemns new death threats against lawyer Adil Mel\u00e9ndez for defending communities affected by human rights and environmental violations<\/h2>\n<p><strong>26th April, 2023 <\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>Adil Jos\u00e9 Mel\u00e9ndez M\u00e1rquez represents victims of land expropriation and families of people killed by paramilitary forces in the Caribbean region of Colombia. Lawyer Mel\u00e9ndez M\u00e1rquez advocates against multinationals that threaten the lives of peasant communities, being the main lawyer of those who oppose the Canal del Dique mega-project, whose implementation would imply a serious deterioration of the environment that would directly affect the lives of peasant communities in the Cartagena de Indias area.<\/p>\n<p><strong>On Tuesday 10 April 2023, <\/strong>the lawyer received a message on his phone signed by the paramilitary group \u201cautodefensas Gaitanistas de Colombia\u201d, also known as the Clan del Golfo, in which he was threatened with death for defending victims in the Cartagena district and its surroundings. As reported to police authorities, in addition to the lawyer, 10 other people received similar threats on the same day, including social leaders, journalists and pre-candidates for mayor of Cartagena de Indias.<\/p>\n<p><strong>The Observatory strongly condemns <\/strong>these new threats against lawyer Adil Jos\u00e9 Mel\u00e9ndez M\u00e1rquez and recalls that this is not an isolated incident.\u00a0 The last death threat he received, for opposing the Canal del Dique, only a few months ago (17 August 2022), was sent to him and two other colleagues, accompanied by a funeral wreath.<\/p>\n<p><strong>The Observatory is concerned <\/strong>by these acts of intimidation which jeopardise the free and independent practice of the law, as well as the effective access to justice of the victims he represents.<\/p>\n<p><strong>The Observatory calls on the Colombian authorities <\/strong>to guarantee the safety of Adil Jos\u00e9 Mel\u00e9ndez V\u00e1zquez and to implement the necessary measures to ensure his physical integrity and his right to exercise his profession without pressure.<\/p>\n<p><strong>The Observatory calls on the Colombian authorities <\/strong>to investigate and punish the perpetrators of these threats with all due diligence, without impunity.<\/p>\n<p>Against this background<strong>, the Observatory recalls <\/strong>that the independence of the legal profession is one of the main indicators of democratic health and consolidation of the rule of law. This is in accordance with the provisions of the United Nations Principles for the Role of Lawyers.<\/p>\n<p>Therefore, in accordance with the provisions of the United Nations Principles for the Role of Lawyers, in particular Principles 16, 17 and 18 which state the following:<\/p>\n<p><strong>Principle 16<\/strong>: \u201cGovernments shall ensure that lawyers (a) are able to perform all their professional functions without intimidation, hindrance, harassment or improper interference;(\u2026)\u201d<\/p>\n<p><strong>Principle 17<\/strong>: \u201cWhere the security of lawyers is threatened as a result of the exercise of their functions, they shall receive adequate protection from the authorities.\u201d<\/p>\n<p><strong>Principle 18: <\/strong>\u201cLawyers shall not be identified with their clients or with the causes of their clients as a consequence of the performance of their functions.\u201d<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<h2><a id=\"Alerta1\"><\/a>COLOMBIA: Adil Mel\u00e9ndez M\u00e1rquez, human rights lawyer facing threats<\/h2>\n<p><strong>6th December, 2019<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>On 6 December 2019,\u00a0<strong>Adil Mel\u00e9ndez was threatened by a phone call and filed a complaint with the competent authorities.<\/strong>\u00a0Mr. Mel\u00e9ndez believes that this threat\u00a0<strong>is directly related to his work as a lawyer, as a defender of alleged perpetrators of human rights violations<\/strong>\u00a0who have expressed their willingness to appear before the Special Court for Peace (JEP) and tell the truth.<\/p>\n<p>These threats not only\u00a0<strong>hinder Mr. Mel\u00e9ndez\u2019s ability to freely exercise his profession as a lawyer<\/strong>, but also\u00a0<strong>the realization of the right of access to justice and the right of victims to truth, justice, reparation and non-repetition<\/strong>, which are the pillars on which the Colombian transitional justice system is based.<\/p>\n<p>Furthermore, the protection regime for Mr. Mel\u00e9ndez has not been sufficiently adapted to respond to the current risk situation. In March 2019, several organizations, including the International Observatory for Lawyers in Danger, expressed to the Colombian authorities their concern regarding the revocation in December 2018 of the armoured vehicle provided to him by the National Protection Unit (UNP) and its replacement by an ordinary car. To date, we do not know whether the protection regime in favour of Mr. Mel\u00e9ndez has been strengthened to ensure his safety and whether it is appropriate for a high level of risk.<\/p>\n<p>We also note that because of this high level of risk, Mr. Mel\u00e9ndez has had to seek financial support from\u00a0<a href=\"https:\/\/www.frontlinedefenders.org\/\" target=\"_blank\" rel=\"noopener\">Front Line Defenders<\/a>\u00a0to put in place additional protective measures at his home and office.<\/p>\n<p>Some of the signatory organisations are working closely with Mr Mel\u00e9ndez and have met with him on several occasions, such as during Mr Mel\u00e9ndez\u2019s last visit to Europe in December 2019. Their work is essential to promote justice and protect human rights in Colombia, particularly in the Caribbean region.<\/p>\n<p>In 2006, the Inter-American Commission on Human Rights (IACHR) granted Mr. Mel\u00e9ndez precautionary measures, in turn requesting the Colombian government to take the necessary measures to protect his physical integrity and allow him to carry out his work. We presume that the IACHR continues to monitor his safety.<\/p>\n<p>&nbsp;<\/p>\n<p><strong>The OIAD strongly condemns the threats against lawyer Adil Mel\u00e9ndez M\u00e1rquez.<\/strong><\/p>\n<p><strong>The OIAD encourages the Colombian authorities to implement the necessary measures to ensure the life and work of this lawyer by reviewing and renewing his protection regime.<\/strong><\/p>\n<p><strong>The OIAD fully supports all Colombian human rights lawyers who put their lives at risk for the legitimate exercise of their profession.<\/strong><\/p>\n<p><strong>The OIAD reminds the Colombian authorities of the 1990\u00a0<a href=\"https:\/\/www.unodc.org\/pdf\/criminal_justice\/UN_Basic_Principles_on_the_Role_of_Lawyers.pdf\" target=\"_blank\" rel=\"noopener\">United Nations Basic Principles on the Role of Lawyers<\/a>, which state that \u201c<em>Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities<\/em>\u201d (Principle No. 17).<\/strong><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","template":"","meta":[],"listing_category":[50],"event_category":[],"service_category":[],"rental_category":[],"classifieds_category":[],"listing_feature":[],"region":[1721,83],"class_list":["post-10729","listing","type-listing","status-publish","hentry","listing_category-threatened","region-colombia","region-america-en"],"_links":{"self":[{"href":"https:\/\/protect-lawyers.org\/en\/wp-json\/wp\/v2\/listing\/10729","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/protect-lawyers.org\/en\/wp-json\/wp\/v2\/listing"}],"about":[{"href":"https:\/\/protect-lawyers.org\/en\/wp-json\/wp\/v2\/types\/listing"}],"author":[{"embeddable":true,"href":"https:\/\/protect-lawyers.org\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/protect-lawyers.org\/en\/wp-json\/wp\/v2\/comments?post=10729"}],"version-history":[{"count":7,"href":"https:\/\/protect-lawyers.org\/en\/wp-json\/wp\/v2\/listing\/10729\/revisions"}],"predecessor-version":[{"id":21413,"href":"https:\/\/protect-lawyers.org\/en\/wp-json\/wp\/v2\/listing\/10729\/revisions\/21413"}],"wp:attachment":[{"href":"https:\/\/protect-lawyers.org\/en\/wp-json\/wp\/v2\/media?parent=10729"}],"wp:term":[{"taxonomy":"listing_category","embeddable":true,"href":"https:\/\/protect-lawyers.org\/en\/wp-json\/wp\/v2\/listing_category?post=10729"},{"taxonomy":"event_category","embeddable":true,"href":"https:\/\/protect-lawyers.org\/en\/wp-json\/wp\/v2\/event_category?post=10729"},{"taxonomy":"service_category","embeddable":true,"href":"https:\/\/protect-lawyers.org\/en\/wp-json\/wp\/v2\/service_category?post=10729"},{"taxonomy":"rental_category","embeddable":true,"href":"https:\/\/protect-lawyers.org\/en\/wp-json\/wp\/v2\/rental_category?post=10729"},{"taxonomy":"classifieds_category","embeddable":true,"href":"https:\/\/protect-lawyers.org\/en\/wp-json\/wp\/v2\/classifieds_category?post=10729"},{"taxonomy":"listing_feature","embeddable":true,"href":"https:\/\/protect-lawyers.org\/en\/wp-json\/wp\/v2\/listing_feature?post=10729"},{"taxonomy":"region","embeddable":true,"href":"https:\/\/protect-lawyers.org\/en\/wp-json\/wp\/v2\/region?post=10729"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}