Report: The Day of the Endangered Lawyer 2015

On January 23rd 2015, on the occasion of the 5th International Day of the Endangered Lawyer, rallies were held outside embassies and consulates of the Philippines in many European capitals and cities (Adana, Ankara, Alanya, Antalya, Anvers, Barcelona, Berlin, Brussels, Düsseldorf, Essen, Ginebra, The Hague, Istanbul, Izmir, London, Madrid, Manila, Milan, Paris, Rome and Vienna).

Img-end.lawyer

These demonstrations aim at supporting Filipino lawyers, victims of severe persecution and killings without due justice.

Read the full report in EnglishFrench, or Spanish

DAY OF THE ENDANGERED LAWYER – 23rd January 2015

PRESS RELEASE

Lawyers under Death Threat in the Philippines

Lawyers all over Europe protest this day in Ankara, Athens, Barcelona, Berlin, Bern, Bilbao, Brussels, Düsseldorf, The Hague, Istanbul, Izmir, London, Madrid, Manila, Milan, Paris, Rome and Vienna. This year the Day of the endangered Lawyer is focussed on lawyers in the Philippines who are murdered and who receive death threats because they defend the rights of the poorest, and who work on cases of human rights violations.

The reported total number of lawyers that have been killed after 2001 is 41, nine (22%) of whom were directly involved in handling human rights cases or issues. On top of this, 57 lawyers have been threatened, harassed, intimidated, surveilled, labelled and attacked in other forms, a sizable 43 (76%) of whom were directly involved in human rights cases or advocacies. In addition, 18 judges have been murdered since 2001. Of the known perpetrators recorded, 65% were identified to be members of the military while 20% were from the police service. More than half, however, of all attacks have no known perpetrator to date.

Among the lawyers who have been killed recently are: Rudolfo Felicio, Noel D. Archival, John Mark Espera, Ian Vela Cruz, Jubian Achas, Sulpicio Landicho, Lazaro Gayo, Christobal Fernandez. (For more details read the Basic Report on the human rights lawyers under continuing threat in the Philippines http://www.eldh.eu/fileadmin/user_upload/ejdm/events/2014/Basic_report_for_the_Day_of_the_Endangered_ Lawyer_2015.pdf

In the past there has been international pressure on the Philippine government to address the issue, to make important steps to prosecute the perpetrators and to stop the situation of impunity. But in the last year the situation has again deteriorated. The documented reports about the killings and attacks on Philippine lawyers and also judges show an increasing number of killings, harassments and other attacks on the profession. Only very scarcely a perpetrator is arrested and nearly never prosecuted or punished by the courts. The government of the Philippines is criticized from many quarters about this poor result.

For the endangered lawyers, their families, the victims of the killings and other different forms of attacks, it is unacceptable that the State does not take the full responsibility to act according to the rule of law and to make all necessary steps to fulfill its human rights obligations and legal and ethical duties.

Four years after 30 June 2010, the day that Benigno Aquino III succeeded Gloria Arroyo as President, we have to draw the very sad conclusion that President Aquino’s promises – not to tolerate extrajudicial killings and forced disappearances, and to prioritise the judicial reform and the strengthening of the judicial system – seem to have been hollow promises, as far it is shown by all the new attacks and killings that have victimized also members of the legal profession which have occurred after 2010, in the last four years. Only in the case of the murder of the judge Reynerio Estacio Senior on 28 February 2014 in Tugbungan village there was a suspected gunman arrested. This judge handled politically sensitive cases including cases about policemen and politicians.

For these reasons three European lawyers associations the EUROPEAN DEMOCRATIC LAWYERS (AED- EDL, www.aed-edl.net ), the EUROPEAN ASSOCIATION OF LAWYERS FOR DEMOCRACY & WORLD HUMAN RIGHTS (ELDH, www.eldh.eu ) and the EUROPEAN BAR HUMAN RIGHTS INSTITUTE (IDHAE, www.idhae.org ), which together represent lawyer’s associations all over Europe, have decided to promote greater public awareness of the severe situation of lawyers in the Philippines on the Day of the Endangered

Organized by:

  •   European Democratic Lawyers (AED-EDL), Rue Albert Ier, 236, 6240 Farciennes, Belgium, http://www.aeud.org/
  •  European Association of Lawyers for Democracy and World Human Rights (ELDH), Platanenstrasse 13, 40233 – Düsseldorf,Germany, www.eldh.eu
  •  European Bar Human Rights Institute (IDHAE), 4-6, rue de la Boucherie, L – 2012 Luxembourg, idhae@idhae.orgSupported by:
  •   International Association of Democratic Lawyers (IADL), www.iadllaw.org
  •   NationalUnion of Peoples’Lawyers (NUPL) in the Philippines, http://www.nupl.net/
  •  Lawyers for Lawyers in Holland, http://www.advocatenvooradvocaten.nl

2

Lawyer. Therefore lawyers in different European countries will protest in front of Philippine Embassies, Consulates or other institutions.

The Day of the Endangered Lawyer is an initiative which was started by AED-EDL in 2010, on behalf of the lawyers of Iran. The date of 24 January was chosen in remembrance of the assassination of 4 trade union lawyers and one employee in the Atocha Street in Madrid in 1977 (Massacre of Atocha), in the time of transition after the death of the Spanish dictator Franco (in 1975). The perpetrators arrested were close to far- right parties and organisations.

AED-EDL, ELDH and IDHAE condemn in the strongest possible terms the above mentioned actions against lawyers and demand the following from the Government of the Philippines:

• Appropriate measures to guarantee safety for legal practitioners, as provided in the United Nations Basic Principles on the Role of Lawyers

  • to recognise publicly the legitimacy of the work done by human rights defenders, including lawyers
  • to put an end to the impunity tolerated by the State for those who violate human rights
  • to take measures to sanction public servants and politicians who stigmatise them
  • The immediate release of all lawyers detained, investigated, and imprisoned as a result of their professional dutiesThey further demand an international independent investigation into the actions noted above with the objective of holding those accountable who are responsible for violations of basic human rights of lawyers.

    

    Prof. Bill Bowring, barrister, President of ELDH, London, England www.eldh.eu
    Frédéric Ureel, barrister, President of AED-EDL, Farcienne, Belgium www.aed-edl.net

    Bertrand Favreau, , President of IDHAE, Paris, France www.idhae.org

    Thomas Schmidt, solicitor, Secretary General of ELDH, Düsseldorf, PHONE 0049-211-444 001 endangered-lawyers@eldh.eu
    Hans Gaasbeek, barrister, Vice President of AED, Haarlem, 0031 6 52055043, hgaasbeek@gaasbeekengaasbeek.nl, Director of the Foundation of the Day of the Endangered Lawyer
    Gorka Vellé Bergado, Mr. Alejandro Gamez Selma, barristers, Coordinators of the Commission Defence of the Defence, European Democratic Lawyers (EDL), gorka_velle@yahoo.es



For more information, please contact:

Mr. Hans Gaasbeek (see above) Mr. Thomas Schmidt (see above)



Letter to the Philippine Ambassador in France

SYNDICAT DES AVOCATS DE FRANCE

Le président

 

Madame l’Ambassadeur,

Le Syndicat des Avocats de France, membre de l’organisation européenne AED (Avocats Européens Démocrates), a été alerté sur la situation de nos confrères philippins qui n’a cessé de se dégrader malgré plusieurs alertes internationales.

Le nombre d’agressions et d’assassinats d’avocats philippins n’a cessé d’augmenter, sans que l’état ne semble s’en préoccuper.

Depuis 2001, 41 avocats ont été assassinés et 57 ont été sévèrement maltraités. La plupart d’entre eux étaient engagés dans la défense des droits fondamentaux et des droits de l’homme. Tous ont subi ces horreurs en raison de leur engagement professionnel. Ceci est inacceptable et l’est d’autant plus qu’il apparaît que les forces militaires ou de police ne sont pas étrangères à ces crimes.

Vous comprendrez, dans ces conditions, notre émotion et l’appel solennel que nous souhaitons adresser à votre gouvernement, par votre intermédiaire, pour que de tels actes cessent et que les coupables soient jugés.

Nous vous informons donc que, le vendredi 23 janvier 2015 à 11 heures, à l’occasion de la journée de l’avocat menacé, trois associations européennes d’avocats : l’association des Avocats Européens Démocrates (A.E.D.), l’Association Européenne des Juristes pour la Démocratie et les Droits de l’Homme (E.L.D.H.) et l’Institut des Droits de l’Homme des Avocats Européens (I.D.H.A.E.) organisent un rassemblement devant l’ambassade des Philippines en France, afin d’attirer l’attention sur la grave situation des avocats philippins, victimes d’intimidations, d’arrestations, de violences et d’assassinats.

Nous souhaitons que vous puissiez à cette occasion accorder une audience à une délégation de plusieurs avocats membres de ces associations, afin de vous remettre une pétition adressée à M. le Président de la République des Philippines BENIGNO AQUINO III, à Mme la ministre de la Justice, à M. le ministre de l’Intérieur et aux autres membres du gouvernement de la République des Philippines.

Vous remerciant par avance de l’accueil que vous voudrez bien nous réserver,

Nous vous prions de croire, Madame l’Ambassadeur, à l’assurance de notre haute considération.

Pour l’A.E.D., Didier LIGER, avocat, représentant du Syndicat des Avocats de France à l’A.E.D. Pour l’IDHAE, Christophe PETTITI, avocat, secrétaire général
Pour le S.A.F., Florian BORG, avocat, président

SAF 34, rue St Lazare 75009 PARIS Tél. 01 42 82 01 26

saforg@orange.fr

à:

Madame Theresa P. LAZARO Ambassadeur des Philippines 4, Hameau de Boulainvilliers 45, Rue du Ranelagh

75016 Paris

Par courrier postal
Par télécopie : 01 46 47 56 00 Et par courriel : paris.pe@dfa.gov.ph

 

TO THE SPANISH AUTHORITIES

PETITION
WITH URGENT REQUESTS TO THE SPANISH AUTHORITIES
PRESIDENT OF THE GOVERNMENT OF SPAIN, MR. MARIANO RAJOY BREY AND ALL MEMBERS OF THE SPANISH GOVERNMENT

3rd day of the Endangered Lawyers – 24th January 2013
European lawyers demand: Basque lawyers in Spain must enjoy the free exercise of their professional duties

During the last two decades more than 20 Basque lawyers in Spain have been kept in pre-trial detention, several of them up to almost 2 years. All the arrested lawyers were charged with terrorist crimes connected with ETA, or with insulting the Spanish state. All of them were either defence lawyers or human rights lawyers representing alleged members or supporters of ETA organisations. Later it turned out that most of these arrests were unfounded and unlawful. In almost all of the above mentioned cases the suspected lawyers were acquitted afterwards, or the cases were dismissed.

By arresting these lawyers the Spanish state not only prevented them from exercising their professional duties but also denied their clients the right to be represented by a lawyer of their choice. Both acts were a violation of human rights, under the European Convention of Human Rights Art. 6, Para 2, c and the UN Basic Principles on the Role of Lawyers, 1. ” All persons are entitled to call upon the assistance of a lawyer of their choice”, 18. “Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.”

The organisations signing below have been informed that Basque lawyers, in politically sensitive cases were identified with their clients. In several cases where they had clients who were accused of ETA activities, the lawyers themselves were persecuted, arrested, detained and put under high pressure. Arrested lawyers were even detained incommunicado and could not even be advised and assisted by a lawyer of their own choice, on the days immediately after their arrest.

Spain is one of the countries where lawyers appear to be threatened because of the fact that some police officers, some media and even juridical authorities suggest that lawyers have to be persecuted in the same way as their clients. This is not only against the law and a threat to the Rule of Law, but it also creates the high risk that even lawyers falsely suspected of supporting ETA as well as real supporters are prevented from having a fair trial.

Therefore the organisations signing below ask that you pay close attention to these abovementioned violations of the rights of the defence – as guaranteed in many international and European Treaties (International Covenant on Civil and Political Rights, European Convention for the Protection of Human Rights and Fundamental Freedoms, Charter of Fundamental Rights of the European Union) ratified by Spain -, which are also a grave violation of the UN Principles on the Role of Lawyers, as adopted in Havana. AED and ELDH want to express their concern about the fact that these persecutions of lawyers which are continuing for many years have a structural character. We demand

1. The full implementation of all International and all European law ratified by Spain concerning the right to a fair trial, i.e. Art. 14 International Covenant on Civil and Political Rights, Art. 6 European Convention on Human Rights.

2. The full implementation of the Basic Principles on the Role of Lawyers i.e. Art. 7, 8, 16, 18

  •  That all persons arrested or detained, with or without criminal charge, shall have prompt access to a lawyer, and in any case not later than forty-eight hours from the time of arrest or detention.
  •  All arrested, detained or imprisoned persons shall be provided with adequate opportunities, time and facilities to be visited by and to communicate and consult with a lawyer, without delay, interception or censorship and in full confidentiality. Such consultations may be within sight, but not within the hearing, of law enforcement officials.
  •  That lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.
  •  The Spanish State shall ensure that lawyers ( a ) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; ( b ) are able to travel and to consult with their clients freely both within their own country and abroad; and ( c ) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.
  1. Full implementation of the conclusions in the reports of the European Committee for the Prevention of Torture and the UN Special rapporteurs.
  2. To abolish the use of incommunicado detention, cf. Art. 3 ECHR
  3. To stop the disproportionate use of pre-trial detention and pre-trial detention without a full

    consideration of whether detention is proportionate.

  4. To end the practice of secret legal proceedings, which severely restrict access to the details of

    the case, including the charges and evidence in the case until up to 10 days before the closing of the investigative phase. For example :refusal to explain the charges against the arrested and refusal to hand over the files)

  5. An independent commission to investigate the violation of the rights of lawyers in Spain, in particular of those who have been or are still are ,or will be kept in detention.
  6. The release of all lawyers whose detention is found unjustified by this commission and a compensation for human rights violations which they have suffered.

Prof. Bill Bowring, barrister, President of ELDH, London (UK)

www.eldh.eu

Mr. Frédéric Ureel, advocate, President of AED-EDL, Farciennes (Belgium)

www.aed-edl.net

FOR MORE INFORMATION :

  • Mr. Hans Gaasbeek, advocate, Vice President of AED, Haarlem, Netherlands, Phone 0031 6 52055043, hgaasbeek@gaasbeekengaasbeek.nl
  •  Mr. Thomas Schmidt, advocate, ELDH Secretary General, Düsseldorf, Germany, Phone 0049 211 444001, thomas.schmidt@eldh.eu

     

     

     

     

     

    Note–The Day of the Endangered Lawyer is a project, launched in 2010 by the commission defence de la defence of the AED/EDL (European democratic lawyer confederation). The goal is to direct once in a year international attention towards the worldwide harassments, persecutions killings and threatening of lawyers, while performing their professional duties. Since 2012 this is a joint project of AED and ELDH. Other Lawyers and Human Rights organisations are welcome to join.

Great success of the day of the endangered lawyer

On the 24th of January, hundreds of lawyers demonstrated in front of Turkish embassies and consulates all over Europe to protest against the attacks suffered by Turkish lawyers.

Around fifty lawyers were arrested in Turkey in November 2011. They were accused of complicity with their clients who are part of the KCK network (Turkish civil society) and are accused of terrorism. Thirty six lawyers are still in prison.

Three lawyer- and jurist-associations in Europe – European Democratic Lawyers, European Association of Lawyers for Democracy and World Human Rights, and the Human Rights Institute of European Lawyers- have organized this protest on the anniversary of the assassination on the 24t h of January 1977 of lawyers in Madrid.

The rallies of lawyers in their professional gowns took place in front of Turkish embassies and consulates in La Hague, Amsterdam, Brussels, Paris, Rome, Milan, Berlin, Hamburg, Düsseldorf, Madrid, Barcelona, Bern and Athens. Lawyers gathered in Athens were questioned by the police for some hours.

The three associations have addressed to the Turkish authorities, through its diplomatic representations, a demand to repeal the current anti-terrorist legislation, a legislation which is contrary to Human Rights and Civil Liberties. Moreover, the lawyers demanded the Turkish authorities to stop the attacks and intimidation of lawyers and to authorize the presence of legal observers in political trials.

27th of January 2012