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Human Rights and Protection of Lawyers
Protection of Lawyers – Defence of the Defence
Protection of Lawyers – Defence of the Defence
By Jacqueline SCOTT
Update – September, 2014
1. Burundi. Issouf Baadhio and Stéphane Bonifassi have recently returned from a mission to Burundi, where they inquired about the situation involving the former President of the Bar, who was disbarred for statements he made in the course of representing a client. In Burundi, Issouf and Stéphane met with the President of the Bar, UN and EU authorities, Belgian agents for development and international NGO supporting in-country programs. They will prepare a report shortly.
2. Colombia. The Caravana made its fourth visit to Colombia from 23 August to 31 August. About 70 members from 12 countries, including lawyers, judges, and students visited seven regions: Bucaramanga, Buenaventura, Cali, Cartagena, Medellin, Pasto and Santa Marta. The regional visits were aimed at monitoring Human Rights violations and supporting Human Rights lawyers. In Bogota, the Caravana met with government officials and representatives from various embassies and the EU. The Caravana voiced the concerns that had been raised during the regional visits and lobbied for strong support for lawyers and judges who are harassed and victimized for their Human Rights work.
3. Democratic Republic of Congo. Martin Pradel has returned from his mission to the Democratic Republic of Congo (DRC), where he was attempting to mediate a dispute arising in the context of the election of the President of the National Bar. At this time, further steps need be taken to bring this matter to a close, and the Defense of the Defense will seek reinstatement to the Bar of Mr. Ntoto, who was disbarred as a result of this dispute.
4. Equatorial Guinea. Further to our successful mediation efforts last January, the Defense of the Defense team would like to continue the dialogue with the Equatorial Guinea Bar Association. It is planning a mission to inquire about the organization and the needs of the legal profession in this country.
5. Saudi Arabia. We have been following the case of Mr. Waleed Abu al-Khair, a Saudi human rights lawyer and head of the organization, “Monitor of Human Rights in Saudi Arabia.” Based on published news reports, Mr. Abu al-Khair was “convicted on vague charges that stem solely from his peaceful activisim”, including statements to news media and tweets criticizing human rights abuses in Saudi Arabia. Invoking a counter-terrorism law, in July, the Specialized Criminal Court, Saudi Arabia’s terrorism tribunal, sentenced him to 15 years in prison, a 15-year ban on travel abroad, and a fine of 200,000 Saudi Riyals (US$53,000). During the trial, he refused to acknowledge the authority of the court and refused to defend himself, sign the judgment or appeal his conviction. He was allegedly beaten while being transferred from prison to prison, and now he is imprisoned in a location almost 1000 kilometers from his family, in direct contravention to the 1988 UN Body of Principles for the Protection of All Persons Under Any Form of Detention or Imprisonment... Following his arrest, the Defense of the Defense expressed their grave concerns about apparent violations of Mr. Abu al-Khair’s human rights. The UIA sought to discuss the case with the Saudi Minister of Justice, but he refused, stating that he was prohibited from discussing an active case. The Defense of the Defense continues to have serious concerns about the lack of due process in Mr. Abu al-Khair’s case. As he has now been tried, convicted and imprisoned and the case is closed, the Defense of the Defense intends to inquire further of the Minister of Justice, seeking answers to questions about the treatment of Mr. Abu al-Khair.
6. Spain. The UIA has been asked by the Spanish Bar Association to participate in drafting comments to the proposed reform of legal aid.
7. Turkey. There is a mission planned to coincide with the trials of approximately 15 lawyers from the Progressive Lawyers Association (CHD). The mission aims at meeting with Turkish authorities to discuss the situation of the legal profession in the country. Also, we have just received information that lawyers, in the context of representing several high-level police officers whose rights have allegedly been violated, are themselves being intimidated and harassed. We are seeking additional information on this matter.
