Letters to Turkey

The AED has sent some letters and is now waiting for an answer!

Here is the text of the letter, addressed to the minister of Justice, the President of the Bar association, the ambassador of France in Turkey and the French minister of foreign affairs:

Le 16 mars 2016, à l’aube, neuf avocats turcs ont été interpellés à Istanbul et placés en garde à vue par la police qui a perquisitionné leurs domiciles ou leurs bureaux.

Il s’agit de Ramazan DEMIR, Iffan ARASAN, Ayse ACINIKLI, Hüsein BOGATEKIN, Sefik CELIK, Adem CALISCI, Ayse BASAR, Tamer DOGAN et Mustafa RÜZGAR.

Ces neuf avocats sont tous membres de l’équipe de Défense de 46 autres avocats turcs poursuivis depuis 2012 dans le cadre d’un procès dit KCK2, pour avoir participé à la défense d’un opposant notoire.

Leur interpellation a eu lieu, sans que les motifs en soient connus, la veille de l’audience du procès KCK2 fixée au 17 mars 2016 et à laquelle ils devaient plaider pour leurs confrères.

Leur maintien en garde à vue les a empêchés de remplir leur mission de défense et le procès a dû être renvoyé au 28 juin 2016.

A l’issue du délai de garde à vue et après 13 heures d’interrogatoires et de plaidoiries, ils ont été relâchés le samedi 19 mars, par décision du tribunal mais contre l’avis du Procureur.

Sur appel du Procureur, le 23 mars un autre juge a estimé fondée leur détention provisoire et décerné un mandat d’arrêt contre 4 d’entre eux.

Deux d’entre eux, Hüssein BOGATEKIN et Ayse BASAR ont été immédiatement interpellés et mis en détention.

Ils ont été libérés par la Cour d’Appel le 1er Avril suivant.

Mais le 6 avril, deux autres avocats étaient interpellés et mis en détention : Ramazan DEMIR et Ayse ACINIKLI.

Nous apprenons que leur appel vient d’être rejeté.

Il semble que les principaux griefs invoqués à l’encontre de ces avocats pour justifier ces mesures, soient liés à leur participation à la défense d’opposants notamment de manifestants du parc de GEZI, au dépôt de requêtes auprès de la CEDH, et à la participation à des conférences internationales, ces agissements constituant le dénigrement de l’Etat et la Nation turcs.

Il apparaît donc que ces avocats sont poursuivis, en totale violation des règles et accords internationaux qui régissent la Profession, pour avoir exercé leur mission de défense et leur liberté de parole et qu’ils sont assimilés à leurs clients, ce qui est inacceptable.

Nous vous rappelons que les pouvoirs publics doivent veiller à ce que les avocats ne soient pas assimilés à leurs clients, ou à la cause de leurs clients, du fait de l’exercice de leurs fonctions.

C’est pourquoi nous vous demandons d’intervenir de toute urgence pour que Ramazan DEMIR et Ayse ACINIKLI soient remis immédiatement en liberté et que soit reconnu et protégé, en TURQUIE, le Droit à la Défense pour tous, fondement d’un procès équitable.

Nous vous remercions de votre réponse à notre demande et vous prions d’agréer, Monsieur le Ministre, l’expression de notre respectueuse considération.

Report: Lawyer’s Delegation to Kurdistan (jan.2016)

From 21 to 24 of January 2016, a delegation of 10 lawyers from Austria, Belgium, Germany and Italy visited Diyarbakır, Turkey. The mission was coordinated by two European lawyers’ organizations—the European Association of Lawyers for Democracy and Human Rights (ELDH) and European Democratic Lawyers (EDL)—and the Unione delle Camere Penali Italiane. It was supported by the ÇHD (Çağdaş Hukukçular Derneği) (Contemporary) Progressive Lawyers Association.

Here is their account of the situation.

The delegation submits that there is strong evidence that the Turkish authorities who order(ed) and implement(ed) the curfews may have committed offences against humanity pursuant to Article 77 of the Turkish Penal Code.

 

Further, the committed crimes amount to a collective punishment39 against all inhabitants of the areas under curfew and the security zones. Civilians are to be protected under all circumstances.

 

The delegation concludes that further investigations must be conducted to hold those accountable for the crimes committed.

Turkish Lawyers detained

AED Statement concerning the detention of the lawyers Ramazan Demir, İrfan Arasan, Ayşe Acinikli, Hüseyin Boğatekin, Şefik Çelik, Adem Çalışçı, Ayşe Başar, Tamer Doğan and Mustafa Ruzgar (16th of March 2016, Istanbul) and previously the detention of the “Academics for peace”.

Amongst the different cases related to human rights that AED/EDL (Avocats Européens Démocrates/Europeans Democratic Lawyers) follows, the situation in Turkey appears to be especially worrisome.

In the early morning of 16th of March 2016, the police broke into the private homes of several lawyers/attorneys in Istanbul. 8 of them, members of the ÖHD (Özgürlükçü Hukukçular Derneği – Association of Lawyers for Freedom), and one of them, also member of ÇHD (Çağdaş Hukukçular Derneği – Progressive Lawyers Association) have been arrested on charges of terrorism: Ramazan Demir, İrfan Arasan, Ayşe Acinikli, Hüseyin Boğatekin, Şefik Çelik, Adem Çalışçı, Ayşe Başar, Tamer Doğan were taken into custody. Later, yet another lawyer was arrested: Mustafa Rüzgar.

Now, our colleagues are released and free. This is good news, although the judge issued for some of the lawyers a ban on leaving the country.

According to the information we have, there is no justification for these arrests and searches. The lawyers are accused of “working for, or belonging to a terrorist organisation.” Everything indicates that the accusations are based on their professional activities.

Neither the police officers nor the prosecutor have provided information on the grounds of the prosecution and the arrests. Lawyers have been arrested without any indictment and without access to any information concerning their arrest.

Currently, as the EU is negotiating with Turkey a common future policy, this constitutes yet another reason to refuse any attack by the Turkish State against Human Rights defenders, against lawyers, against academics, politicians and citizens who are defending a democratic change for Turkey and for Kurdistan. Anyone working for peace must not and cannot be considered a terrorist and/or member of the PKK (Kurdistan Workers’ Party) because this means that for the Turkish State the only logic is repression. With such actions Turkey does not comply with the minimum standards of democracy and human rights needed to be a member of the UE.

Moreover, the latest news tell us that last week, and within only 3 days, at least 320 citizens were arrested and accused of being member of, or providing support to the PKK. This wave of arrests of journalists, academics and lawyers for Human Rights must stop.

We consider that all these facts constitute an attack on the people and an attempt to silence the opposition in Turkey. The “Academics for Peace” who signed a petition against the government criticizing the military aggressions of many Kurdish cities, have been arrested, in some cases dismissed, and in many cases punished with disciplinary measures. 3 Academics: Esra Mungan, Kıvanç Ersoy and Muzaffer Kaya were imprisoned.

For these reasons, we urge the Turkish government to:

I.- Respect the UN Basic Principles on the Role of Lawyers, 1990, namely:

– to permit lawyers to perform all of their professional functions without intimidation, hindrance, harassment or improper interference.

– to permit lawyers to travel and to consult with their clients freely both within their own country and abroad.

– and to ensure that lawyers 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.

II.- Ensure the respect of the guarantees set out in Art 6, ECHR: a fair hearing, an independent and impartial tribunal established by law and the right to be presumed innocent, to be informed promptly of the nature and cause of the accusation; and to have adequate time and the facilities for the preparation of the defence.

III.- Guarantee the separation of powers: the one element that creates most discussion and complaints is the way that in this type of cases, the members of the Court are elected by the High Council of Judges and Prosecutors (HSYK) dominated by the executive power. This makes impossible the independence of justice and coerces the judges and prosecutors in their work because they are subjected to the political decisions of the Ministry of Justice.

IV.- Ensure the real exercise of the freedom of expression, information and ideological freedom, that are not respected at the present time.

For the above mentioned reasons, we are going to bring these cases to the European Institutions and the European Parliament. We believe that this situation does not ensure the exercise of fundamental and civil rights as contained in the treaties signed by the Republic of Turkey. We believe that currently Turkey cannot become a member of the EU without deep democratic reforms.

Créteil, Madrid, Barcelona, Amsterdam, Milano, Istanbul, Bilbo, Brussels, Berlin,

20th of March 2016,

Please download our press statement in English , French or Spanish and make it turn!

 

 

Journée de l’avocat en danger 2016 – Mobilisons-nous en faveur des avocats de Honduras !

Depuis le coup d’état de 2009, les violations graves des droits de l’homme, commises à grande échelle, ont fortement affecté la population du Honduras. L’absence de réaction de l’Etat à la hauteur de la gravité de la situation est largement dénoncée par les organes des Nations-Unies et la Commission interaméricaine des droits de l’homme.

Les avocats ne sont pas épargnés par cette situation. La pratique du droit est en soi génératrice de risque dans un contexte de perte totale de confiance de la population envers l’institution judiciaire et ses différents acteurs.

Le nombre d’avocats enregistrés auprès du barreau national du Honduras s’élève à 18.000.

La Commission nationale des droits de l’homme (CONADEH) a enregistré entre 2010 et mars 2015, 89 cas de mort violente de professionnels du droit (avocats, juges et membres du parquet).

Dans la grande majorité, ces meurtres ont été commis à l’arme à feu et dans au moins 82% des cas, le ou les auteurs de ces crimes restent impunis.

L’absence de mise en place de programmes spécifiques de protection pour les acteurs de justice par les autorités a été régulièrement dénoncée par la Commission interaméricaine des droits de l’homme. Tous réclament de l’Etat autant la mise en place des mesures nécessaires à la protection de leur intégrité physique et morale.

Trop souvent l’avocat est rendu responsable des disfonctionnements de la justice ou même simplement du fait que le juge a tranché en faveur de la partie adverse. Dans un pays où la violence est omniprésente,  la frustration ressentie par les justiciables se règle trop souvent par des attaques, souvent fatales, à l’encontre des avocats ou magistrats.

Un avocat au Honduras doit être formé à la sécurité, pouvoir être sélectif dans les dossiers qu’il accepte et exclure tout dossier potentiellement générateur de danger en raison de la personnalité des parties ou des enjeux présents.

Une telle situation n’est pas conforme à la mission de l’avocat et est dénoncée par tous comme ayant des conséquences graves sur la capacité des professionnels du droit à exercer leurs fonctions de façon indépendante et impartiale.

European Lawyers Delegation visits Diyarbakir

A delegation of European lawyers will visit Diyarbakir from 21st to 24th January 2016. The 13 participants come from Belgium, Germany, Italy, and Austria. Two European lawyers’ organisations are supporting this initiative, the European Association of Lawyers for Democracy and Human Rights (ELDH) and the European Democratic Lawyers (EDL) and also the “Unione delle Camere Penali Italiane”

ELDH and EDL are gravely concerned about the deterioration of human rights in the region which has escalated since the Turkish government stopped the peace negotiations with the Kurdish Workers Party PKK. For many weeks now a curfew has been imposed upon several towns in the region of Diyarbakir and Şırnak and upon a great part of the centre of Diyarbakir. The Turkish government boasts that it has killed several hundred PKK fighters. It fails to mention the civilians who have also died, in particular due to the use of heavy weapons by the Turkish army inside densely populated areas of several towns. On 28th November 2015 the President of the Diyarbakir Bar Association was killed on the street when he gave a press conference asking for a peaceful solution of the conflict. In press releases ELDH and EDL condemned the murder of Tahir Elçi and demanded an international independent investigation into the circumstances.

The former judge of the European Court of Human Rights (ECtHR), Riza Türmen, who is now a CHP Member of Parliament, stated that the long-term military curfew constitutes a violation of state responsibility. Several victims of the curfew have complained to the ECtHR demanding an end to the military operations and the lifting of the curfew. Nevertheless the court ruled on 13th January 2016 that the evidence at its disposal was not sufficient for it to order interim measures. However the court asked the applicants to keep it informed of any further developments. Lastly, given the gravity of the situation, the Court indicated to the Government “to take any necessary steps to ensure that physically vulnerable individuals can have access to treatment if they so request”.

The European lawyers visiting Diyarbakir are going to investigate

  • the dimension and the character of the human rights violations
  • civilian casualties
  • the curfew, the number of concerned people, the impact of the curfew on the populations andif the government meets the demands of the ECtHRThe members of the delegation will talk to representatives of HDP, the Diyarbakir Bar Association, the Diyarbakir Chamber of Medicine, the Human Rights Association of Diyarbakir, a women’s association, the family of Tahir Elçi, the families of victims. They will also talk to a lawyer who represents victims of the curfew in Diyarbakir before the European Court of Human Rights.

    After their visit the lawyers will publish a report.

Download the press release.

ADVOCACY IN HONDURAS: A COMPLEX ROAD

Lawyer Jose Luis Valladares Guifarro

Spanish version

 

I come from a small and wonderful country numbed by the Atlantic and Pacific Oceans. Honduras is an ancient land, the cradle of one of the most prominent before the discovery of America astronomical centers : the Mayan city of Copan and likewise one of the most important so far in the XXI Century findings : the White City or Town Monkey God, recently enhanced by the National Geographic.

 

In Honduras miraculous events occur and therefore inexplicable, like the rain of fish; which they are collected in fields and streets by the inhabitants of a village inland.But such beauty of unspoiled landscapes with flora, fauna and habitats polychrome culture, aromas and flavors, complemented by the work of industrious and noble people in camps and cities; has been overshadowed in recent years, violence against professional association of lawyers.The exercise of the profession of law has become a risky job because the volatility of the social scene in Honduras was wroth with two particular professions: journalism and advocacy.

 

Lecture, in minutes, about the reality of the lawyer in Honduras is not an easy task, because we must examine several edges that have become real threats to the professional journal future of who we take care of defending the heritage, honor and good behalf of our constituents.We are, first, subjected to a permanent change required adaptability same as professionals and humans. Of subjects receiving the change, we become agents of change for a thirsty society of justice, unhappy with impunity and willing to have honest professionals, having only steeped in his eyes the reflection of the Goddess Themis to act with honesty and ethics.It’s not an easy road the practice of law because although we fault, end up being because of our passion and deep commitment we made to bring them to fruition.In Honduras, as in dozens of nations of the world we live in difficult times punctuated by the anguish of personal insecurity, the untimely arrival of new criminal agents, rapid social decomposition and a bewildering storm, which seeks to eliminate the values ​​that we have always believe and with which we have always lived.There are 12 variables that influence the spread of violence and insecurity and hitting directly or indirectly, not only the legal system but also the practice of the profession of law in Honduras: 1. Poverty and marginalization that has been part of the national reality for years.2. Domestic and family violence 3. Proliferation of youth gangs 4. Organized crime 5. Growing number of national arms trafficking and indiscriminate use of alcohol 6. Insufficient presence of authority 7. Corruption, impunity and imparting justice delayed8. Impairment of the culture of legality 9. Internationalization of crime 10. Social, economic, political, environmental and cultural 10. Security complex mix of factors with Threats 11. Volatility policy by the fragility of democratic institutions 12. Drug trafficking and money laundering

Amid this changing environment that has come to cover pain to society, to stall the public, private and foreign investment; is the figure of the lawyer, who with his wisdom and insight struggle to bring light of justice and redemption to an environment, often hostile, which is difficult to work without fear but at the same time, it encourages direct its work to build a more just country, with a better distribution of wealth and equal opportunities for all and especially in governing the rule of law.Practice the profession of law in Honduras; it has become in the last 6 years a risky activity that has created a climate of death and uncertainty among lawyers and their families.While the mission of the magistrate of the law is to ensure that you will respect the rights of everyone, and ensure that there is prompt justice for those who deserve; recent years have been tragic for the family of the Honduran Bar 97 lawyers who have been assassinated the period from 2010 to October 2015.Citing both the Bar Association of Honduras as a report published by the National Commissioner of Human Rights in Honduras (CONADEH), the following data show the high risk of the exercise of the profession of law in the country:

 

In 2013 29 incidents of violence against lawyers were specified  ü There were 27 victims of which 21 died and six were seriously injuredü Among the 27 victims , they were able to account not only for lawyers who were practicing in his office or private office ; but 1 trial judge , one public prosecutor , 2 former judges , one former candidate for alderman and one alderman from two different political parties, one legal adviser to a company that had a land dispute , one candidate for mayor and 1 intern law degree . In 2014ü This year violently killed 11 lawyers . All firearm . 2015Until October, they killed 10 lawyers From 2010 to October 2015Ø 97 lawyers performed in 10 of the 18 departmentsØ 70% of these violent deaths have been carried out in two departments: Francisco Morazán and Cortés. Most of these cases have not been resolved, some remain under investigation and others, seem to have been forgotten in the drawers of some court or entity clarification of crimes.My purpose in presenting the figures above, is that you have an idea of ​​the delicate and complex situation that is facing the union in the Republic of Honduras. It is a reality we can not ignore and, more importantly, it requires rethinking the role of the lawyer in Honduras, the stigma of being the object of the crime and the lack of guarantees to freely exercise their profession.Before the latent danger everyday along which the legal professional, he can not sit idly by as they should continue the exercise of his career. Without any doubt, this means being more cautious, take urgent safety measures and dismiss some cases carry the risks they entail.It is extremely worrying that last point, because the lawyers took to justice the problems of our customers; however, in the country they are giving aggravating factors and imminent danger, requiring reject the representation of certain cases for the consequences that may bring. Many lawyers and lawyers have lost their lives just because of taking over a case in which they have been involved one or more of the twelve variables outlined a few minutes ago.All the effort and illustration have developed legal professionals for years, they are hampered by the sickly virulence towards them. The most recent crime happened a little over a month, she was carried out by a university young professional, who pushed for ideological reasons and an apparent mental disturbance, killed with unbelievable cruelty in a mall in Tegucigalpa in broad daylight, a lawyer wearing an emblematic case of citizen accused of corruption.The lawyer was not to blame for the alleged crimes attributed to his client. All he performed was the work of representation before the courts; however, the political and ideological criminal –adversaries your represented– assumed that taking the life of the lawyer, avenged its opposite. Despite these turbulent waters through which we sail and to that dark and menacing scene, Honduran lawyers are determined to remain brave sentinels of the truth, and we carry the banner of the Goddess Justice.The creation, implementation and administration of the law, requires wise men and women in the field, with common sense and inexhaustible citizen vocation. The law has come to turn more than a profession, but a vocation … is without doubt a meeting point for the reconciliation of different interests, to help be granted to everyone no less than it belongs, and to hold that vision capability that empowers societies to develop in peace and freedom.The above are generous resolutions to which we aspire lawyers; however, in Honduras we’re almost ready to stop dreaming about these ideals as an adverse environment and full of infamy, it has become the harbinger of a black cloud that threatens the daily work career of laws, and not It allows us to see clearly the future of the profession and of our lives. Because the latent threat to sun to moon students of the Laws, the Honduras Bar Association is developing and proceed to implement a Safety Prevention Project in this Affiliate College and thus improve governance in the country.There are many challenges that accompany the lawyer of the new millennium; But do not forget that before a professional Laws, is a human being who must always be ready to offer its selfless assistance to their counterparts, to try to have a better world where man is not only in harmony with himself, but also the environment and social and economic realities that surround him. We ask of you colleagues from Europe, Asia, Africa, America and Oceania, from the depths of our hearts and from the threads of our souls, solidarity and worldwide support for the twenty thousand and fifty-seven lawyers and lawyers from Honduras, feel they are not alone and that although the hands of criminals and criminal minds want to extinguish the light of justice that dwells in all; There colleagues beyond borders and beyond the oceans, who accompany these painful moments that pass through. We need your support and your company colleagues the world! In Honduras we do not want to live with petrifying fear that grips us; gentleman wish to exercise this office without obstacles preventing us earn a living with dignity.We hope that our professional situation will change, we will again enjoy the freedom we exercised this profession years ago. We have faith that we will walk towards the courts, courts, with the assurance that our profession will be respected by those who despise the triumph of justice.It is our certainty that new and better times are coming to improve our quality of life. And also we are convinced that very shortly with our participation and support of you colleagues in various latitudes of the planet, violence against the guild of lawyers in Honduras, will be a thing of the past of which only retain images pain of so many lawyers killed in the line of duty, and perpetual prayers for their souls enjoy eternal rest.

Lawyers in Honduras

In Honduras, the practice of law has become a high-risk profession for those who practice it. They risk assassination, abductions and threats to their families.

Since the 2009 coup d’état there have been human rights violations that have gravely affected the Honduran population, their effects and repercussions have continued, persisted, and made the situation of the country very complex. The Judiciary in Honduras is currently going through a critical situation because of problems related to judicial independence, which have been notorious in recent years, both before and after the coup of June 2009.

On the 22nd of January, Lawyers all across Europe will demonstrate in their robes in front of the Embassy of Honduras to denounce this situation and urge the Honduran government to take action to protect its citizens

Read the Press statement