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Defending Refugees in Europe

Date: 24rd of June 2022, 15h-20h00

Venue: ex-OPG “Je so pazzo”,  Naples

Via Matteo Renato Imbriani, 218 – 80136 (NAPLES) https://commonsnapoli.org/en/the-spaces/ex-opg-je-so-pazzo

Translation:  ITALIAN – ENGLISH

Moderation of the event: Margherita d’Andrea, lawyer: presentation of speakers and thematic thread of the afternoon

15h00 – 15h30

  1. Greetings

1. Thomas Schmidt, Co-Secretary General of ELDH, greetings on behalf of ELDH and AED

2. Antonio Tafuri, Lawyer, President of the Bar Council of Naples

3. Francesco Caia, Lawyer, National Bar Council, President of the “Osservatorio Internazionale Avvocati in pericolo” (OIAD https://protect-lawyers.org/it/)

4. Liana Nesta, lawyer: Introduction to the conference

16h00 – 16h45

  1. Refugee Rights: a European Perspective
  2.  Bill Bowring, (human rights barrister) What can be done for refugees at the European Court of Human Rights, now in crisis.
  3. Yiota Massouridou, (lawyer, Secretary General of AED) The Hot-Spot System and Pushbacks
  4. Danilo Risi, (Laywer, executive Committee of “Associazione Nazionale Giuristi Democratici”):  Ucrainian Refugees and effects of the mission of Giuristi Democratici and Mediterranea NGO from Naples to Poland: the national petition for the right of conscientious objection of Ukrainian men

16h45 – 17h00 Break

17h00 – 18h45

  1. Refugee Rights in Italy

9. Luigi Migliaccio, (Lawyer, member of the Commission on migration law of Bar Council of Naples and Commission of Human Rights Union des Avocats Européens – UAE): Family Reunification, latest jurisdiction

10. Francesco Priore, (Lawyer, Executive Committee of “Associazione Nazionale Avvocato di Strada”):  Complementary protections to the international protection

11. Nicola Canestrini (Lawyer): The Iuventa case

18h45 – 19h30

  1. An activist’s perspective

12. Simona Talamo, activist

13. Abdel El Mir, activist, Movimento Migranti e Rifugiati Napoli

Closing remarks: Hanno Bos, on behalf of AED & ELDH) Refugee Rights in Europe – The Massinflux Directive – Double Standards or a new progressive approach 

19h30 – 20h00 discussion

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Free the Gezi defendants!

Another striking example of the absence of an independent judiciary in Turkey:

The verdict of the Gezi Trial was handed down on 25 April 2022. This trial has been ongoing for years and is one of the most striking examples of the absence of an independent judiciary in Turkey.

The Istanbul 13th Assize Court found Osman Kavala guilty of an alleged attempt to overthrow the government pursuant to Article 312/1 of the Turkish Penal Code. He is a prominent human rights defender who has been unlawfully imprisoned since November 2017. The court ordered his detention pending an appeal in relation to this conviction, while acquitting him of the charge of espionage, and released him -on paper- for the later charge.

All the other defendants who were present before the court were sentenced to 18 years in prison on the charge of aiding the alleged attempt against the government. They include the lawyer Can Atalay, Mücella Yapıcı, Çiğdem Mater, Hakan Altınay, Mine Özerden, Tayfun Kahraman and Yiğit Ali Ekmekçi. The court went on to adopt a harsh and rarely applied order of the arrest and detention of this group of defendants. They were arrested immediately after the hearing. 

This baseless verdict contradicts the judgment of the European Court of Human Rights (ECtHR) which found that the allegations against Osman Kavala, and the evidence relied upon by the prosecution and the court lacked proper foundation, and was politically motivated. In December 2019 the ECtHR found a violation of Article 5 and Article 18 of the ECHR in conjunction with Article 5, and called for Kavala’s immediate release. The Council of Europe’s Committee of Ministers (CoM) has been seeking to enforce the ECtHR’s judgment, with no success. This resulted in the CoM triggering infringement proceedings against Turkey pursuant to Article 46(4) of the Convention, a proceeding used for the  second time in the history of the CoM . The case is currently pending before the ECtHR for determination of Turkey’s compliance with Article 46(1) of the ECHR namely the obligation to implement the ECtHR’s judgments.

The verdict of the Istanbul 13th Assize Court on 22 April 2022 confirms the ongoing nature of the violations of the rights not only of Osman Kavala but also of other defendants tried under the same case file. It once again confirms the lack of independence and impartiality of the judiciary in Turkey which has been criticised by the international community, particularly since the July 2016 coup attempt and the following 2-year state of emergency period.

These systemic violations of fair trial standards in Turkey were condemned in the statement made on the occasion of the 2021 International Fair Trial Day. Turkey was chosen as the focus country of the Day due to the seriousness of the fair trial issues in Turkey. The verdict of the court on 25 April 2022 shows that Turkey is far from complying with  its human rights obligations. It is yet another example showing that the government of Turkey is determined to continue its practices and policies, undermining and systemically violating fundamental rights and freedoms and increasing the pressure on its critics across the country for the upcoming election.

The Gezi Park Protests of 2013 were peaceful protests according to the international human rights community. According to official statements, around 5 million people participated in the Gezi Park protests which lasted for months across the country.   This peaceful resistance showed the longing of a large segment of society in Turkey for a life in which democratic principles and human rights are respected. It is clear that participating in the Gezi Park Protests is protected by the fundamental rights to freedom of expression, and peaceful assembly, and association.

The Gezi Trial is the reaction of the Turkish government against those who took part in the Gezi Park Protests. The lack of legal grounds for the charges brought against the defendants is confirmed by the dissenting opinion of one of the judges of the 13th Assize Court. He stated that there was no evidence in the case file against the defendants other than unlawfully tapped phone communications. While underlining the unlawful nature of these recordings, the judge also stressed that the content of the conversations did not give enough basis to conclude that the alleged offenses were committed and to convict the defendants.

As the undersigned organisations, we share the frustration expressed by a large segment of society in Turkey against this verdict. We urge the Turkish Government to immediately release all human rights defenders who are illegally detained, including our colleague Can Atalay, and Osman Kavala who has been unlawfully deprived of his liberty for around 4.5 years. We also urge the relevant authorities to drop  all baseless charges, and that this cruel harassment through prosecution, conviction and sentencing that is ongoing against them and many others in Turkey is terminated.

We, the undersigned organisations, repeat the call made on the 14th of June 2021 by a number of prominent lawyers and human rights organisations to the authorities to implement the following steps to ensure full protection of the right to a fair trial and to create an environment enabling effective protection of its underlying principles.  We call on the government of Turkey to:

• take necessary legislative and other measures to ensure the independence and impartiality of the judiciary and end all practices constituting direct interference, pressure, or influence with respect to judicial conduct, including those from the executive;

• implement the recommendation of the numerous human rights oversight mechanisms, including the UN Human Rights Council in  its Universal Periodic Review,  and the Council of Europe’s Venice Commission, to introduce a constitutional amendment to make the Council of Judges and Prosecutors independent of the executive and ensure that their decisions are open to judicial review;

• immediately end the systematic abuse, detention and prosecution of lawyers, judges, other legal professionals, journalists, human rights defenders, opposition politicians, academics and others where there is no cogent evidence of specific criminal misconduct presented in proceedings that comply with international fair trial standards;

• guarantee and respect the principle of presumption of innocence in all criminal investigations and prosecutions;

• stop any practices preventing enjoyment of the rights protected under international human rights treaties such as freedom of expression, freedom of association and peaceful assembly, including using the exercise of such freedoms as grounds for arbitrary prosecutions and lengthy and punitive pretrial detention;

• ensure that the rights to fair trial embodied in Article 6 of the European Convention on Human Rights and Article 14 of the International Covenant on Civil and Political Rights are respected in all criminal prosecutions in Turkey’s criminal courts at all levels;

• end the practice of mass trials of lawyers, judges, journalists, opposition politicians, human rights defenders and others, in particular on fabricated charges, such as the charge of membership in a terrorist organization, aimed at preventing their legitimate activities and silencing them; and

• create an open dialogue with the international oversight mechanisms and national and international NGOs to address and resolve the structural human rights issues in Turkey and, as a first step, promptly to agree to requests by the UN Special Rapporteur on Judges and Lawyers and other special procedures to conduct country visits to Turkey. We call on the international community to respond effectively to the deteriorating state of human rights and rule of law in Turkey and to increase its efforts to effectively address these issues with international stakeholders for increased awareness and attention.

And finally,

Free the Gezi defendants!

Article 19

Asociación Americana de Juristas

Association of Lawyers for Freedom (ÖHD)

Baroness Helena Kennedy QC

Défense Sans Frontières – Avocats Solidaires (DSF-AS)

EuroMed Rights

European Association of Lawyers for Democracy and World Human Rights (ELDH)

European Bar Federation (FBE)

European Bar Federation Human Rights Committee

European Democratic Lawyers (AED)

Fair Trials

Haldane Society of Socialist Lawyers

Giuristi Democratici

International Association of Democratic Lawyers (IADL)

International Bar Association’s Institute of Human Rights (IBahri)

Osservartorio Avvocati Minacciati – UCPI – Italia

Perugia Bar Association, Italy

Pistoia Bar Association, Italy

Progressive Lawyers‘ Association (ÇHD), Turkey

Republikanischer Anwältinnen- und Anwälteverein e. V. (RAV)

The Council of Bars and Law Societies of Europe (CCBE)

The European Criminal Bar Association

The European Criminal Bar Association Human Rights Committee

The Law Society of England and Wales

The National Association of Democratic Lawyers of South Africa

The National Bar Council of France

The National Lawyers Guild International (US)

The Norwegian Bar Human Rights Committee

Ukrainian Association of Democratic Lawyers

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International Fair Trial Day and the Ebru Timtik Award

Focus Country of 2022: Egypt / Call for Nominations for the Ebru Timtik Award

Hold the Date – 17-18 June 2022, Palermo/Italy

The right to a fair trial has long been recognised by the international community as a fundamental human right. Without a fair trial, every individual risks becoming the victim of a miscarriage of justice, either as an innocent suspect wrongly convicted, or as a victim unable to secure justice for a wrong perpetrated against him or her.

In 2021, an annual International Fair Trial Day was established with a steering group, and the event was supported by more than 100 legal associations. The first conference was held as a virtual event on 14 June 2021 with a focus on fair trial rights in Turkey. It was agreed that in each subsequent year a new focus country where fair trial rights are being challenged would be chosen as the focus country. The Steering Group also decided to establish an Ebru Timtik Award, in recognition of her sacrifice for the right to a fair trial.  This award will be granted every year to an individual and/or an organisation from the focus country chosen for that year for the International Fair Trial Day or to an individual and/or an organisation who has been active in defending and or promoting the right to a fair trial in that specific country. An International Fair Trial Day Alliance was also formed among prominent bar associations and lawyers’ organisations across the world which support the initiative.

After considering several proposals for the focus country of the 2022 International Fair Trial Day, the Steering Group have now decided that the focus country for this year is Egypt.

The decision is based on the following:

  1. Judicial independence is severely eroded in Egypt, which means that the right to an independent and impartial tribunal is violated in most, if not all, cases (especially against human rights lawyers, human rights defenders, journalists, and opposition politicians). Reports confirm a wide range of systemic violations of the right to a fair trial in the country, including arbitrary detention, arrests, or prosecutions of opponents or perceived opponents. There also has been a failure to effectively prosecute and punish crimes committed by state-affiliated forces, such as unlawful or arbitrary killings – including extrajudicial killings -, forced disappearances, torture, and cases of cruel, inhuman, or degrading treatment or punishment. Whilst this amounts to a violation of the rights of the victims of these crime and does not of itself amount to a violation of fair trial rights, it is further evidence that the police and prosecutors are failing in their duty to carry out effective and independent investigations and uphold the rule of law so that an atmosphere of impunity in relation to the acts of state-affiliated forces exists.[1] This dire picture is recognised in a number of reports from prominent human rights organisations. The country is classified as ‘not free’ by Freedom House, underlining – under the rule of law ranking – serious fair trial rights issues.[2] Furthermore, the World Justice Project’s 2021 Rule of Law index ranks Egypt at 136 out of 139 countries.[3]
  2. Reports indicate that the executive branch in Egypt exerts influence over the courts, which typically protect the interests of the government, military, and security apparatus and have often disregarded due process and other basic safeguards in cases against the government’s political opponents or where there is perceived dissent. Constitutional amendments made in 2019 further strengthened the Egyptian President’s supervisory powers over the judiciary and undermined its independence. The changes allowed the President to appoint the heads of judicial bodies and authorities, choosing from among several candidates nominated by their governing councils.[4] The President also serves as the veto-wielding head of the Supreme Council for Judicial Bodies and Authorities, which controls appointments and disciplinary matters for the judiciary. The chief justice of the Supreme Constitutional Court[5] is now chosen by the President from among its most senior members. Since the new provision took effect in June 2019, the Egyptian President has already used it twice to appoint new SCC presidents by decree, in July 2019 and now on February 8, 2022.
  3. Law no 162 of 1958 (“the Emergency Law”) established the institution of the Emergency State Security Court (ESSC) to adjudicate crimes that violate the terms of a “state of emergency”.⁹ In 2017, the Prime Minister transferred “protesting” and “terrorism-related” offences to the jurisdiction of the ESSC, to which was added crimes from first two chapters of the Penal Code, including those relating to ’spreading fake news’ in January 2021.
  4. Many detained government critics and opposition figures have been prosecuted by the ESSC since the state of emergency was declared in 2017; the state of emergency has been repeatedly renewed and remained in effect until late 2021. Decisions of the ESSC are not subject to appeal but instead are subject to executive-branch approval, as the President can suspend any of their rulings and order retrials. Although the constitution limited military trials of civilians to crimes directly involving the military, its personnel, or its property, a 2014 presidential decree placed all “public and vital facilities” under military jurisdiction, resulting in the referral of thousands of civilian defendants to military courts. That expansion of jurisdiction was effectively incorporated into the constitution in 2019.[6]
  5. Additional, restrictive new emergency measures enacted in 2020 were justified as a response to the COVID-19 pandemic. In May 2020, President Sisi approved and signed into law amendments to Emergency Law no. 162 of 1958 that banned all forms of public gatherings and demonstrations and gave police greater powers to make arrests. It further expanded the jurisdiction of the military judicial system over civilians by giving the President the power to authorize the military to investigate and prosecute crimes that violate the Emergency Law. Authorities also used the COVID-19 pandemic to justify skipping renewal hearings for pretrial detention orders. Although the state of emergency has been lifted since October 2021, there are ongoing trials of dozens of arbitrarily detained human rights defenders, activists, opposition politicians and peaceful protesters by emergency courts where proceedings are inherently unfair. [7]
  6. The extension of military jurisdiction in Egypt is in itself is a violation of the right to a fair trial under the African Charter on Human and Peoples’ Rights and the ICCPR, insofar as the necessity of applying such jurisdiction over civilians is almost never justified. This is in addition to other fair trial rights that are routinely violated in Egyptian courts, including military tribunals, such as the right to access counsel and the right to prepare a defence. The hearings at military tribunals are not open to the public.
  7. Other abuses of fair trial rights include the use of the Counter-terrorism Law, the Protest Law, the NGO Law, the Media Law, the Cybercrime Law, and the Penal Code to harass, arrest, and prosecute lawyers and human rights defenders, and there are many examples of arrest, detention, death in custody, and enforced disappearance of lawyers and human rights defenders. The mass trials against protesters is another practice raising fair trial rights issues.
  8. The lack of a fair trial directly affects lawyers and other human rights defenders at risk, many of whom are convicted and sentenced to long prison sentences and sometimes even the death penalty (which is still being imposed and carried out in Egypt). Reports underline an increased use of the death penalty and executions, many handed down following mass trials fundamentally lacking fair trial guarantees. Accordingly, 80 people were executed in only the first 6 months of 2021, ranking Egypt as the third-worst country in numbers of executions worldwide.[8]
  9. The African Commission on Human and Peoples’ Rights has adopted several resolutions about the situation in Egypt underlining, amongst other issues, the systemic violation of fair trial rights in the country. The calls made to the government, cited below, in a February 2015 resolution provide a strong indication of the seriousness of the issues:

“The Commission:

  • Condemns the Arab Republic of Egypt’s disregard to regional and international fair trial standards, the unlawful imposition of mass death sentences, and the persecution of journalists and human rights defenders;
  • Calls upon the Government of the Arab Republic of Egypt to comply with the African Charter, the Principles and Guidelines on Fair Trial, the Declaration on Freedom of Expression, and other instruments to which Egypt is a party;
  • Urges the Government of the Arab Republic of Egypt to put an end to the harassment, arbitrary arrest, detention and sentencing of journalists, human rights defendants, and individuals who express dissenting views regarding the Government’s actions;
  • Strongly urges the Government of the Arab Republic of Egypt to observe an immediate moratorium on the death sentences and to reflect on the possibility of abolishing capital punishment;
  • Invites the Government of the Arab Republic of Egypt to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty; and
  • Calls on the Government of the Arab Republic of Egypt to investigate all human rights violations perpetrated in the country and prosecute authors of these violations.”

[emphasis added]

[9]

  1. In an October 2021 decision, the African Commission on Human and Peoples’ Rights concluded that the Emergency Law of Egypt contravened the African Charter on Human and Peoples’ Rights and requested the government to reform domestic laws to prevent recurring human rights violations. Although the decision concerns arrest and detention of an applicant several years ago, the Commission found that the law which is still in force and used as the pretext to justify ongoing systemic violations was not in line with the African Charter.[10]
  2. In July 2021, UN Expert Mary Lawlor pointed out the ongoing violations in Egypt and highlighted a common trend across multiple cases, whereby human rights defenders are often arrested without a warrant and detained incommunicado at an unknown location and subjected to enforced disappearance, before being presented before the Supreme State Security Prosecution. Their pre-trial detention pending investigation is then ordered for alleged acts criminalized under the vague provisions of the Penal Code, Anti-Terror Law and Anti-Cybercrime Law.[11]
  3. In January 2022, a statement was issued by 65 human rights organizations, and it was underlined that the fair trial standards are routinely flouted in trials before ESSCs, including the right to adequate defence and rights to a public hearing. Defence lawyers have been prevented from communicating with their clients in private and prevented from photocopying the casefiles, indictments and verdicts.[12]
  4. Focusing the next International Fair Trial Day on Egypt will help draw more attention to the systemic fair trial violations in the country. It will provide support to many, including lawyers (at least 35 that we know of), human rights defenders, journalists, political opponents or perceived opponents who are still being arbitrarily detained there, often under unacceptable prison conditions and facing trials severely undermining the fair trial principles.

We are writing at this stage to advise you of this initiative and to invite your organisation to support International Fair Trial Day and attend the conference which will be hosted by Palermo Bar Association and held in Palermo, Italy between 17-18 June 2022. Further details of the programme and of the speakers who will address the conference will follow over the next few months. For now, we would ask you to hold the date.

Call for nominations for the Ebru Timtik Award

We also would like to invite you to nominate one or more individual(s) or an organisation for the Ebru Timtik Award among those who have demonstrated outstanding commitment and sacrifice in upholding fundamental values related to the right to a fair trial in Egypt. The individual(s) or organisation nominated for the award must be or have been active in defending and or promoting the right to a fair trial in Egypt through either his/her/its recent outstanding piece of work in relation to this fundamental right or his/her/its distinguished long-term involvement in fair trial issues. The deadline for nominations is 16 May 2022. To nominate, please send your nominations to nominationsetaward@gmail.com and kindly include: (1) the candidate’s detailed bio, (2) a letter signed by the nominating organisation/group of individuals explaining the reasons why they/it consider(s) that the candidate should be granted the Award, and (3) one recommendation/supporting letter from an unrelated, external organisation, if the application is submitted by a group of individuals.

For the details of the award criteria and process please see the attached “Selection criteria for the grant of the Ebru Timtik Fair Trial Award”. After the deadline, a jury composed of independent individuals who are experienced with the right to a fair trial, including one or more from the focus country, will determine the nominations and reach a decision.

[1] https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/egypt/ and https://www.hrw.org/world-report/2022/country-chapters/egypt

[2] https://freedomhouse.org/country/egypt/freedom-world/2021

[3] https://worldjusticeproject.org/rule-of-law-index/country/2021/Egypt%2C%20Arab%20Rep./; https://worldjusticeproject.org/sites/default/files/documents/WJP-INDEX-21.pdf

[4] https://freedomhouse.org/country/egypt/freedom-world/2021

[5] https://english.ahram.org.eg/NewsContent/1/64/460767/Egypt/Politics-/Sisi-names-first-Christian-as-president-of-Egypt;s.aspx

[6] https://freedomhouse.org/country/egypt/freedom-world/2021

[7] https://www.amnesty.org/en/latest/news/2021/10/egypt-stop-trials-by-emergency-courts/

[8] https://www.hrw.org/world-report/2022/country-chapters/egypt

[9] https://www.achpr.org/sessions/resolutions?id=146

[10] https://www.justiceinitiative.org/uploads/5d96ebd8-1a3e-4bca-afb3-8ed4683896ec/african-commission_el-sharkawi-v.-arab-republic-of-egypt_022021.pdf

[11] https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=27314&LangID=E

[12] https://www.civicus.org/index.php/media-resources/news/5570-egypt-quash-verdicts-and-stop-unfair-trials-by-emergency-courts

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TO THE EUROPEAN COMMITTEE FOR THE PREVENTION OF TORTURE AND INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (CPT)

This communication is addressed to the European Committee for the Prevention of Torture (CPT). We respectfully ask the CPT on the Day of the Lawyers in Turkey, to organize a follow-up visit to İmralı Prison and in particular to examine the government’s refusal to permit lawyers to visit their clients who are under isolation in İmralı Prison.


On 26 May 2021 a petition was published, signed by 768 lawyers, including the members and executives of several bar associations, legal organizations, and human rights organizations, highlighting
this situation.


At present the rights of Abdullah Öcalan, Ömer Hayri Konar, Hamili Yıldırım, and Veysi Aktaş, who are currently held in İmralı F-Type High Security Prison to see their lawyers is unlawfully being restricted.


Applications for lawyer visits have not been granted since 7 August 2019 for Abdullah Öcalan, Veysi Aktaş, Hamili Yıldırım, and Ömer Hayri Konar. They have not been allowed to see their lawyers even once since they were transferred to İmralı Island in 2015.


A special and discriminatory form of isolation has been applied in İmralı Prison since 15 February 1999. The ban on lawyer visits was continued for 8 years without any interruption from 27 July 2011 until 2 May 2019. In 2019, 5 lawyer visits took place. After the last lawyer visit on 7 August 2019, the continuous ban resumed.


Since 1999, the CPT has conducted 10 separate visits to İmralı Prison. This severe state of isolation in İmralı Prison was noted in the CPT’s Report on its visit to Turkey between 6-17 May 2019, which was published on 5 August 2020. While pointing out several violations, the report also stated the following with regard to lawyer and family visits:


“The CPT urges the Turkish authorities to take the necessary steps to ensure that all prisoners at İmralı Prison are effectively able, if they so wish, to receive visits from their relatives and
lawyers. To this end, an end should be put to the practice of imposing a ban on family visits for ‘disciplinary’ reasons. Further, the Committee requests the Turkish authorities to provide – on
a monthly basis – an account of the visits which all prisoners held at İmralı Prison have received from their family members and lawyers” (para. 51).

The situation indicated in the CPT’s report continues to this day, in an aggravated manner. While it had been expected that improvements would be made in İmralı Prison in line with the recommendations outlined in the CPT’s report, the prisoners’ lawyers report that new disciplinary penalties and bans –
the latter were issued by the Execution Judgeship – have been imposed on the prisoners.

Allegations and rumors concerning Abdullah Öcalan’s state of health that were widely published on social media on 14 March 2021 caused serious concerns among the public. Although the prisoners were allowed the opportunity to communicate with their families by phone on 25 March 2021 in the face of these concerns, the conversation between Abdullah Öcalan and his brother was interrupted after 4-5 minutes, while Ömer Hayri Konar and Veysi Aktaş could not talk to their families. Abdullah
Öcalan informed the public that before the connection was completely interrupted, Abdullah Öcalan had clearly expressed his wish to see his lawyers.


The banning of lawyer visits to İmralı Prison openly violates the United Nations (UN) Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), updated in 2015, the CPT’s recommendations and the Execution Law of Turkey (Law no. 5275). States have the obligation to guarantee detainees and convicts’ exercise of their rights without any regard for their identity or the quality of their sentence.

Download the document

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The Ban of the People’s Democratic Party

The undersigned organisations, active in the field of democracy and human rights protection and promotion, are deeply concerned about the ongoing case before the Constitutional Court in Turkey regarding closure of the opposition party Peoples’ Democratic Party (HDP). HDP was founded on October 15, 2012 and has since been a vital part of political life in Turkey. Our organisations urge the authorities to uphold the right to political representation in Turkey, and to ensure that any proceedings against political parties and their representatives fully comply with international standards for a fair trial, including the right to an independent and impartial tribunal established by law and defence rights.

Following HDP’s final round of written and oral defences, the Constitutional Court is expected to announce its decision in the coming months. Should the Constitutional Court endorse the Chief Public Prosecutor’s request and rule in favour of its demand to close the HDP permanently or partially, or to completely deprive it of treasury aid, HDP will cease to exist. Its representatives who are allegedly responsible for the facts that – in the Chief Public Prosecutor’s opinion – would warrant the party’s dissolution will also be banned from political activity for 5 years.

The Chief Public Prosecutor’s Office of the Supreme Court of Appeals referred its indictment to the Constitutional Court on June 7, 2021. The indictment requested the dissolution of HDP and banning of 451 party members, including HDP Co-Chairs Mithat Sancar and Pervin Buldan, from politics for 5 years. The words and actions of 69 party members are stated to be the main ground of the demand for closure of the political party. No concrete or reliable evidence attributable to the HDP as an institution was presented in the indictment, and no justification was given for the request for the party’s dissolution, which would violate the right to political representation of over 10% of the voters in the last elections.

Following the preliminary defence presented by the HDP in November 2021, the Chief Public Prosecutor presented its views on the merits to the Constitutional Court, which were notified to the HDP on January 20, 2022. The views on the merits repeat the claims and demands contained in the indictment, without any indication that the Prosecutor’s office took notice of the detailed defence presented by the HDP.

The proceeding takes place against the backdrop of severe democratic and rule of law backsliding in Turkey. Despite constitutional amendments introduced as part of the European Union accession process in the 2000s that made party closures – common in the 1990s – more difficult, the Constitutional Court shut down the Party for a Democratic Society (DTP), a political party preceding the HDP, in 2009. Turkey has been repeatedly condemned in recent years by the European Court of Human Rights for violating the convention. This includes cases regarding the DTP’s closure, HDP and its members, where the Court found the procedures initiated against them to be in violation of the complainants’ rights under the Convention. The Turkish government has consistently failed to comply with ECtHR judgements, which warranted the launch of an infringement procedure against Turkey by the Council of Europe’s Committee of Ministers on February 2, 2022.

Repeated statements by ruling party AKP and its ally MHP’s spokespersons, calling for HDP’s closure and for its members to be banned from politics also point to an attempt by the government to undermine the ECtHR’s authority and interfere in proceedings before national courts, including the Constitutional Court, in breach of the principle of judicial independence from other State powers.

Our organisations are deeply concerned about the impact that the Constitutional Court’s decision could have on the defendants’ rights and on political democracy in Turkey. We call on the Constitutional Court to ensure that judicial proceedings take place in full compliance with domestic and international fair trial standards, including the principle of judicial independence and impartiality and the rights of the defence. We also urge the Turkish government to respect the independence and impartiality of the judiciary by refraining from directly or indirectly influencing the Court’s decision, and to uphold the rights to political representation and democratic participation, which are a pre-condition for the respect of democracy, the rule of law and human rights in Turkey.

  • Asociación Americana de Juristas (AAJ)
  • Associació Catalana per a la Defensa dels Drets Humans (ACDDH) – Catalonia
  • Asociación Libre de Abogadas y Abogados, (ALA), Madrid
  • Association for Monitoring Equal Rights
  • Association of Lawyers for Freedom (ÖHD)
  • Bakers, Food and Allied Workers Union (BFAWU)
  • Campaign Against Criminalising Communities (CAMPACC)
  • Center of research and elaboration on democracy/Group for international legal intervention (CRED/GIGI)
  • Civic Space Studies Association
  • Confederation of Lawyers of Asia and the Pacific (COLAP)
  • Coordinamento Italiano Sostegno Donne Afghane (CISDA)
  • Democratic Lawyers Association of Bangladesh (DLAB)
  • Demokratische Juristinnen und Juristen Schweiz (DJS)
  • Eskubideak, Basque Country
  • European Association of Lawyers for Democracy and World Human Rights (ELDH)
  • European Democratic Lawyers (AED-EDL)
  • General Federation of Trade Unions (UK)
  • Haldane Society of Socialist Lawyers
  • Human Rights Agenda Association
  • Human Rights Association
  • Human Rights Foundation of Turkey
  • International Bar Association’s Human Rights Institute (IBAHRI)
  • Italian Democratic Lawyers / Giuristi Democratici
  • International Association of Democratic Lawyers (IADL)
  • International Federation for Human Rights (FIDH)
  • KulturForum TürkeiDeutschland e.V.
  • Legal Team, Italy
  • Life-Memory-Freedom Association (Yaşam Bellek Özgürlük)
  • MAF-DAD e.V (Association for Democracy and International Law )
  • National Lawyers Guild International (USA)
  • National Union of Peoples’ Lawyers, Philippines (NUPL)
  • People’s Law Office / International
  • Progressive Lawyers’ Association (ÇHD)
  • Republikanischer Anwältinnen – und Anwälteverein e.V. (RAV), Germany
  • Rete Jin Italia (Jin Net)
  • Rights Initiative Association
  • Rosa Women’s Association
  • Social Policy, Gender Identity, and Sexual Orientation Studies Association (SPoD)
  • Syndicat des Avocats de France (SAF)
  • Syndicat des Avocats pour la Démocratie, Belgium (le SAD)
  • The Indian Association of lawyers
  • The National Association of Democratic Lawyers, (NADEL), South Africa
  • Transport Salaried Staffs Association
  • Ukrainian Association of Democratic Lawyers
  • Vereinigung Demokratischer Juristinnen und Juristen (VDJ)
  • Vereniging Sociale Rechtshulp Nederland
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The Invasion of Ukraine

(Français plus en bas)

The AED-EDL denounces the invasion of Ukraine by the Russian Federation and wishes to express its solidarity with the Ukrainian lawyers and more generally with the whole population living in Ukraine and all the people suffering the consequences of the conflict.

The military offensive is incompatible with the respect for the territorial integrity and independence of Ukraine and is a violation of Articles 2 and 33 of the United Nations Charter, which requires States to settle disputes peacefully, without threat or use of force, in such a way that international peace and security and justice are not endangered.

All States and international organisations must respect the obligations, values, freedoms and fundamental principles set out in the UN Charter, the Statute of the Council of Europe, the European Convention on Human Rights and all general principles of public international law and international humanitarian law.

The AED-EDL takes note of the decision of the Committee of Ministers of the Council of Europe to suspend, with immediate effect, the Russian Federation’s right of representation in the Committee of Ministers and the Parliamentary Assembly.

The opening of an investigation by the Prosecutor of the International Criminal Court into possible abuses committed during the conflict and the consideration by the International Court of Justice of requests for provisional measures submitted by Ukraine are undeniably a major step forward in favour of the rule of law.

AED-EDL hopes that such reactions will continue wherever conflicts break out and states violate international law, humanitarian law and human rights law.

The AED-EDL, in accordance with the spirit of the United Nations Charter calls for the immediate cessation of all acts of war, to protect the populations involved, and the opening of genuine negotiations to find a lasting peace. 

While more than 1.5 million refugees have fled Ukraine in ten days, the activation of the temporary protection mechanism provided for by Council Directive 2001/55/EC of 20 July 2001 is an appropriate but insufficient response to this exceptional situation.

However, AED-EDL regrets that this procedure has not been implemented for previous humanitarian crises, even though they were similar. All refugees must be received with dignity, regardless of their country of origin, their skin colour or the reasons for their departure.

AED-EDL condemns the various statements made by European leaders which consist in establishing two categories of refugees: those who “look like us” and for whom everything should be done to welcome them with dignity, and the others, who are clearly not welcome.

AED-EDL condemns the fact that residents from third countries, who are equally affected by the on-going conflict, are facing racist violence and are blocked at the EU border.

As previous conflicts have repeatedly shown that the outbreak of conflict and war increases the exposure of women and girls to war crimes, in particular all forms of gender-based violence, arbitrary executions, rape and trafficking, ACN urges that effective measures be put in place to protect women and girls from gender-based violence, and to ensure full accountability of those responsible for these crimes.

International humanitarian and human rights law must be respected in the context of armed conflict.

L’INVASION DE L’ UKRAINE

L’AED-EDL dénonce l’invasion de l’Ukraine par la Fédération de Russie et tient à exprimer sa solidarité avec les avocats ukrainiens et plus généralement avec l’ensemble de la population vivant en Ukraine et toutes les personnes qui subissent les conséquences du conflit.

L’offensive militaire est incompatible avec le respect de l’intégrité territoriale et de l’indépendance de l’Ukraine et constitue une violation des articles 2 et 33 de la Charte des Nations Unies, qui impose aux Etats de régler leurs différends pacifiquement, sans recourir à la menace ou à l’emploi de la force, de telle sorte que la paix et la sécurité internationales ainsi que la justice ne soient pas mises en danger.

Tous les Etats et organisations internationales doivent respecter les obligations, valeurs, libertés et principes fondamentaux énoncés dans la Charte des Nations Unies, le Statut du Conseil de l’Europe, la Convention européenne des droits de l’homme et tous les principes généraux du droit international public et du droit international humanitaire.

L’AED-EDL prend acte la décision du Comité des Ministres du Conseil de l’Europe de suspendre, avec effet immédiat, le droit de représentation de la Fédération de Russie au Comité des Ministres et à l’Assemblée parlementaire.

L’ouverture d’une enquête par le Procureur de la Cour Pénale Internationale sur les éventuels abus commis pendant le conflit et l’examen par la Cour Internationale de Justice des demandes de mesures conservatoires présentées par l’Ukraine constituent indéniablement une avancée majeure en faveur de l’Etat de droit.

L’AED-EDL espère que de telles réactions se poursuivront partout où des conflits éclatent et où des Etats violent le droit international, le droit humanitaire et les droits de l’homme.

L’AED, conformément à l’esprit de la Charte des Nations Unies, appelle à la cessation immédiate de tout acte de guerre afin de protéger les populations concernées, et à l’ouverture de véritables négociations pour trouver une paix durable. 

Alors que plus de 1,5 million de réfugiés ont fui l’Ukraine en dix jours, l’activation du mécanisme de protection temporaire prévu par la directive 2001/55/CE du Conseil du 20 juillet 2001 est une réponse appropriée mais insuffisante à cette situation exceptionnelle.

Cependant, l’AED-EDL regrette que cette procédure n’ait pas été mise en œuvre lors des précédentes crises humanitaires, pourtant similaires. Tous les réfugiés doivent être accueillis avec dignité, quels que soient leur pays d’origine, leur couleur de peau ou les raisons de leur départ.

L’AED-EDL condamne les différentes déclarations des dirigeants européens qui consistent à établir deux catégories de réfugiés : ceux qui ” nous ressemblent ” et pour lesquels tout doit être fait pour les accueillir dignement, et les autres, qui ne sont clairement pas les bienvenus.

L’AED-EDL condamne le fait que des résidents de pays tiers, qui sont également affectés par le conflit en cours, soient confrontés à des violences racistes et soient bloqués aux frontières de l’UE.

Les conflits précédents ayant montré à maintes reprises que le déclenchement d’un conflit ou d’une guerre augmente l’exposition des femmes et des filles aux crimes de guerre, en particulier à toutes les formes de violence sexiste, aux exécutions arbitraires, au viol et à la traite des êtres humains, ACN demande instamment que des mesures efficaces soient mises en place pour protéger les femmes et les filles de la violence sexiste et pour garantir que les responsables de ces crimes rendent pleinement compte de leurs actes.

Le droit international humanitaire et les droits de l’homme doivent être respectés dans le contexte des conflits armés.

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The Day of the Endangered Lawyer – Photo post-

Since 2012, the Day of the Endangered Lawyer has been dedicated to colleagues in many countries, who suffer repression for their professional work.

Brussels, 24th of January 2022

Already in 2014, the Day was dedicated to Colombia. Sadly, this year, Colombia is once again the subject of the Day of the Endangered Lawyer.

Berlin, 24th of January 2022

Accordingly, lawyers all over the world, took to the streets and to the web to show their solidarity with their Colombian colleagues.

Ankara, 24th of January 202

During the Day, a letter was handed over to the Colombian Authorities with the demands for protection of Lawyers.

Barcelona, 24th of January 2022

Also a number of webinars and conferences have been held to highlight the plight of our colleagues.

Madrid, 24th of January 2022

Our Colombian colleagues are not alone.

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Day of the Endangered Lawyer 2022- Activities

On the 24th of January, all over Europe and the whole world, lawyers show their solidarity with their fellow colleagues. This year the Day of the Endangered Lawyer is dedicated to Colombia, who suffer manifold repression for their professional work.

BELGIUM :

CCBE with the Association of European Democratic Lawyers (AED, of which the Lawyers’ Union for Democracy (SAD) is a member), Avocats.be, the F.I.D.H., the Institute of Human Rights of the Brussels Bar, and A.S.F. call for a demonstration on 24 January 2022 at 1pm in front of the Colombian Embassy (avenue Franklin Roosevelt, 96 A in Ixelles) in defence of the defence. Wearing a toga is recommended, wearing a mask is mandatory.

CANADA :

The Law Society of Ontario (LSO) and Lawyers’ Rights Watch Canada (LRWC) will be organizing a webinar on the 24th of January from 17h to 18h Eastern (2-4 Pacific)

FRANCE:

The SAF is organising on January 21st the 7th Meeting with the Montpellier Bar Association around this day.

The Paris Bar is participating in the online conference organised on January 21st by the International obsevatory of lawyers from 5:00 pm to 6:30 pm (CET) translated into English, French, Italian and Spanish.

On the 24th of January a rally is organized in Lyon in front of the Colombian Consulate.

GERMANY:

On the 20.01.2022, at 19h00 in Berlin, the RAV, DAV, VDJ, ELDH, BRAK Berlin are organizing an online seminar with the presence of Colombian human rights lawyers Zoraida Pedraza und German Romero

On the 24th of January, the protest will take place in front of the Colombian Embassy in Berlin at 13h00 CET, and organised by RAV, VDJ, BRAK Berlin

ITALY:

On the 24th of January, from 14.30-16.30, the UCPI is organizing a Webinar on the International Day of Endangered Lawyers 2022. You can register here.

MEXICO

The Mexican chapter of the International Association of People’s Lawyers (IAPL), Asociación Mexicana de Abogados del Pueblo (AMAP), will hold a protest in front of the Colombian Embassy in Mexico City (CDMX) on January 22nd at 4pm local time.

THE NETHERLANDS

The Vsan / Aed is organising on the 24th of January, a lawyer manifestation at the Colombian Embassy in The Hague between 1500 and 1700 ,where a petition will be given about the difficult situation of the lawyers in Colombia .

At 16.30 pm – Audience at the Embassy of Columbia: 6 lawyers of the VSAN will be presenting the report on Colombia to the Columbian ambassador Mr. Fernando Grillo

At 17.00 pm – Online-reading organised by Lawyers for Lawyers. Colombian humanrights lawyer Jorge Molano

TURKEY

There will be a demonstration in Istanbul and İzmir.

There will be events inside the courthouses of Antalya and Alanya.
In Antep, the human rights committee of the bar association will publish a statement.

In Adana, together with Adana Bar Association, there will be a press conference.T

SPAIN:

On the 24th January, at 12 pm a demonstration will take place in front of the Social Court (C/ Princesa 3) in Madrid in commemoration of the Massacre of the Atocha Labor Lawyers 45 years ago.

On the 24 January, at 1 pm the demonstration will follow in front of the Colombian Embassy in Madrid (Pº General Martínez Campos, 48) in defense of the defense.

On the 24 January, at 6:30 pm a conference will take place at the General Council of Spanish Lawyers (CGAE – Pº Recoletos 13), with the presence of

  • José Manuel Santos: Colombian Lawyer of the Indigenous Movement, suffering persecutions.
  • Leonardo Jaimes: Colombian Lawyer suffering persecutions.
  • Ángeles Chinarro: President of ALA
  • José Luis Muga: Co-President of AED

SWITZERLAND:

The Geneva Bar Association will be co-organising an event with the IBA and other professional associations from 13:30- 15:00 CET dedicated to the Guidelines for lawyers in support of peaceful assemblies

TAIWAN :

The Judicial Reform Foundation of Taiwan is organizing a seminar on Colombia on Saturday 22 January (Taipei time 18:00-20:00) with a short documentary on the situation of HRDs, and pre-recorded video interviews of 2 rights lawyers from the country. A professor from a Taiwan university familiar with the politics of Colombia will also be joining us to share her observations.

UNITED KINGDOM

On the 20th of January 2021 from 15h00- 16h30, the Law Society of England is organizing a webinar with Dr. Marina Brilman, Dora Lucy Arias, Ana María Rodríguez, Germán Romero Sánchez.

UNITED STATES

The New York City Bar is organizing on the 24th of January at 12:30 pm (EST (Washington D.C./New York time) a webinar.



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COLOMBIA- Day of the Endangered Lawyer

Since 2009, the Day of the Endangered Lawyer has taken place on 24 January in multiple cities, countries, and continents around the globe. 24 January was chosen as the annual International Day of the Endangered Lawyer because on this day in 1977, four lawyers and a co-worker were murdered at their address at Calle Atocha 55 in Madrid, an event that came to be known as the Massacre of Atocha.

The purpose of this international Day is to draw the attention of government officials, international institutions, civil society, the media, and the general public to the situation of lawyers in a particular country, in order to raise awareness about the threats that they face in the exercise of their profession. In past years, this Day has been dedicated to countries including Azerbaijan (2021), Pakistan (2020), Turkey (2019 & 2012), Egypt (2018), China (2017), Honduras (2016), the Philippines (2015), Basque Country/Spain (2013), and Iran (2010).

This year, for the second time, the Day of the Endangered Lawyer focuses on Colombia, where the persecution of human rights lawyers continues, preventing them from freely, independently, and safely practising their profession.

Download the report in English, Spanish, French or Turkish.

Follow the activities on the Day.

See our photo post.

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Defend human rights and the rule of law at Europe’s borders!


Push-backs, violence and inhumane treatment in violation of international law have become a permanent reality at Europe’s borders. They put people seeking protection in danger of their lives, as the deaths at the Polish-Belarusian border have also shown. Refugees are dehumanized by being called a “political weapon” or “a form of hybrid threat” by leading politicians.


We, the undersigned organizations, have been supporting people affected by this border violence for years. We note that the Geneva Refugee Convention and the European Convention on Human Rights are systematically violated at Europe’s borders. EU member states disregard the principle of non-refoulement, a unique humanitarian and legal achievement that guarantees basic individual rights to those seeking protection.


This is not only an attack on the right to asylum and human rights. If lawless zones are accepted, if the rule of law is undermined, then this development also threatens democracy in Europe.


On October 6, a journalistic research collective published further evidence of violent push-backs at the EU’s external borders in Greece and Croatia. Videos and photos show the brutality of special police units.


Push-backs and the violence against those seeking protection are an expression of a policy of deterrence instead of protection – at all costs. The EU and its member states are involved in this form
of illegal border protection financially, logistically and often by deploying forces under the mandate of the European Border and Coast Guard Agency Frontex.

The German government supports the Croatian border police with technical and logistical equipment, Poland has been offered similar support. German forces are part of the Frontex operation in Greece.

Berlin: For a fresh start in European refugee policy!

The three coalition parties, which negotiate in working groups since October 27, have made it clear in their exploratory paper: “We are committed to the humanitarian responsibility arising from the German constitution, the Geneva Refugee Convention and the European Convention on Human Rights. From this, we derive the task of making efforts with our European partners to end the deaths on the Mediterranean as well as the suffering at Europe’s external borders.”


We welcome this declaration of intent. To translate it into political action, it needs to be specified in the coalition agreement. Only the consistent enforcement of international law at Europe’s borders, safe and regular pathways, a European sea rescue system and the solidary reception of protection seekers
within the EU can end the suffering and death at Europe’s borders

We demand from the future federal government:


●Defend the right to asylum in Europe: access to the asylum procedure, access to the legal system and humane accommodation. No to a Europe of detention, refugee camps and border procedures!


●Defend human dignity, the rule of law and human rights – the very values on which the European Union (EU- Treaty Article 2) is based.


●The initiation of infringement procedures against Poland, Croatia and Greece by the European Commission. We also call on the EU to include human rights violations by Member States in the field of asylum and migration when initiating rule of law procedures in case of serious violations of the values mentioned in Article 2 EU-Treaty.


●The establishment of an independent, transparent and effective human rights monitoring mechanism that allows for unannounced visits to borders and the prosecution of perpetrators. Human rights monitors must have a mandate to secure evidence. The aim must be that this well-funded and well-staffed institution prevents human rights violations in the future.


●The end of any support for the border regime in Poland, Croatia, Greece and other states that violate international law at their borders.


●Firm reactions to human rights violations in Frontex operations: Suspension of funding and deployment of EU border guards in countries that violate international human rights
standards.


●A civilian EU sea rescue program to prevent deaths in the Mediterranean. Boat refugees must be granted humane reception and access to a fair asylum procedure after landing in a safe
European port. Safe and regular pathways to Europe must be created.


●The cooperation with the “Libyan Coast Guard” and the associated ongoing breach of international law in the Mediterranean must be stopped immediately.

Signatories:

European Democratic Lawyers (AED-EDL)

European Center for Constitutional Rights (ECCHR)

Center for Peace Studies

Pro Asyl

Refugee Support Aegean