On 16 June 2016, HRHF delivered a statement to the to the Human Rights Council, during the dialogue with the UN Special Rapporteur on the Independence of Judges and Lawyers, Monica Pinto. In it, HRHF welcomed the Special Rapporteur’s report and her efforts to gather first-hand information from civil society, and highlighted the risks human rights lawyers face in the course of their work.
The content of the statement is inspired by a consultation with the Special Rapporteur held on 11–12 June in Belgrade, which included the Human Rights House Network, international NGOs, and lawyers and civil society actors from Europe, Caucasus and Central Asia. The statement is endorsed by 18 NGOs and eight prominent lawyers who attended the consultation.
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Thank you, Mr Chairperson,
The Human Rights House Foundation (HRHF) welcomes the report of the Special Rapporteur on the independence of judges and lawyers, and her efforts to gather first-hand information from civil society.
Madam Special Rapporteur,
We would like to thank you for your participation in the consultation on “Independence of the legal profession” held at the Human Rights House Belgrade on 11 and 12 June, with the participation of 50 lawyers and civil society organisations from Europe, Caucasus, Central Asia and the Balkans.
As reported during the consultation, the daily reality for same lawyers in the region is a harsh one, in which they face retaliation for their work. They are harassed, threatened, and intimidated, risk disbarment through abusive use of disciplinary procedures, and they are imprisoned – or worse they are physically attacked and murdered.
The principle of confidentiality in lawyers’ communication with clients is violated, and they are denied free access to their clients and to documents.
We have observed these trends in Europe, Caucasus and Central Asia. They are particularly worrying, as they threaten the wellbeing of society as a whole and the functioning of States under the rule of law.
The violation of existing guarantees for lawyers adds to the need for further protection for human rights lawyers. As reported by participants in the consultation, in recent years, pressure has intensified on lawyers working on human rights or representing politically motivated and sensitive cases. These lawyers risk exclusion from professional associations of lawyers, and this leaves them without the basic guarantees they need to perform their human rights work.
The case of human rights lawyer Intigam Aliyev in Azerbaijan is emblematic of such negative trends. He is one of the most respected lawyers of his generation in Europe, yet the Bar Association in Azerbaijan refused him as a member. He was then imprisoned solely due to his work. He has now been released from prison, but conditionally; he still faces restrictions. While we welcome the Sumgayit City Court's decision to let him travel for high-level international meetings abroad and for the duration of ten days, we call upon the Azerbaijani authorities to fully and unconditionally rehabilitate Intigam Aliyev’s rights, including his right to travel without conditions. Further, the authorities must publicly acknowledge that there was no wrongdoing on his part.”
Professional members of Bar associations and lawyers without such a status can both act as human rights lawyers.
However, despite the principle of non-discrimination, lawyers that are not members of Bar associations lack basic protection, guarantees and immunities. This prevents them from undertaking their human rights work and undermines the right of individual petition. The consequence is a loss of trust in human rights instruments – including the international courts and quasi-judicial bodies.
Guarantees and immunities for lawyers enshrined in national and international law must be implemented and respected, while human rights guarantees must extend to all who work within human rights, including human rights lawyers.
To minimise these negative trends, international institutions continue to highlight the vital role of lawyers in protecting human rights and refer explicitly to this professional group within the established concept of a "human rights defender." The UN Basic Principles on the Role of lawyers (1990) is now complemented by "special" standards, developed at global and regional levels to provide guaranties and protection for those who act for human rights and fundamental freedoms.
We call upon the Human Rights Council to increase attention on the situation of human rights lawyers. In line with the UNGA and HRC resolutions of 2015 and 2016, all States should extend the protection guaranteed to human rights defenders to lawyers, as a professional group entitled to human rights protection.
Madam Special Rapporteur, we wish you all the best in the execution of your mandate.
Thank you Mr Chairperson.
Statement is endorsed by:
Organisations: Lawyer’s Committee for Human Rights (YUCOM), Belgrade Centre for Human Rights, Civic Initiatives, Helsinky Committee for Human Rights in Serbia, Policy Centre (members of the Human Rights House Belgrade); Belarusian Helsinki Committee (Belarus); European Human Rights Advocacy Centre; Fair Trials; Legal Education Society (Azerbaijan); Helsinki Foundation for Human Rights (Poland); Helsinki Association of Armenia (Armenia); Helsinki Citizens’ Assembly Vanadzor Office (Armenia); Human Rights Committee at the Law Society of England & Wales (United Kingdom); Human Rights Embassy (Moldova); Resource Center for Human Rights – CreDO (Moldova); Ukrainian Helsinki Human Rights Union – UHHRU (Ukraine); Human Rights Center "Memorial”(Russia).
Individual lawyers: Dmytro Yagunov (Odessa Region Bar Association, Ukraine); Yurie Levinte (Moldova); Natalia Matskevich (Belarus); Marina Dubrovin (Russia); Natalya Hurkovska (Ukraine); Samed Rahimli (Azerbaijan); Vafa Rustam (Azerbaijan); Associated lawyers’ company «Veaceslav ŢURCAN & Co» Chisinau, Moldova