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on Hot spots

To the presidents of democratic political groups in the European Parliament:

The Bureau of the AED, meeting in Naples on the 9th and 10th October 2015, has taken note of the establishment, particularly in Italy and Greece, by the Council of the European Union of so called “hot spots”, destined to sort out in a basic manner between refugees and migrants, and then to transfer the first to different countries of the European Union, while abandoning the rest to their fate. The AED has furthermore come to know that the European authorities have decided to move from simply monitoring the borders to stopping ships if necessary by force with the risk to the lives of migrants qualified as “collateral damage ”

Faced with this direct attack on the right asylum but also simply to the right to life, the Bureau of the AED denounces this inadequate response to the plight of migrants at the borders of Europe. The AED recalls its total opposition to the detention of migrants. The Bureau cannot accept that in the name of solving a serious humanitarian crisis, human beings are treated as merchandise and joggled around European countries, in the name of refugee quota plan.

Finally, the Bureau recalls that the AED is an organization of lawyers and although we cannot endorse the political undermining of the international protection of migrants, we will present everywhere to defend those in danger.

 

Naples, 10th of October 2015

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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 English, French, or Spanish

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European Citizens Without Defense -the programme

MORNING 9h30 – 13h30

9h30: Inscription

10h00:  Welcome and Presentation

Ana Méndez GORBEA, Lawyer in MADRID, president of ALA- Madrid

Pro Deo Versus Pro Bono: Right against Charity

Gilberto PAGANI, Lawyer in Milano, Honorary President of the EDL

« Equality in front of the law is equality in front of the court »

11h15: Coffee Pause

11h30: 1st round table:

Access to Law: the word to the citizens !

The experience of social movements, legal teams and associations in France, Belgium

With: Belgium, Hilde LISSENS (Network of Fight against Poverty), Paco SEGURA (Ecologists in Action), Miguel BEITIA (Plataforma de Afectados por la Hipoteca – PAH), Carlos ESCAÑO (NosomosDelito), Italo DI SABATO (Observatory on Repression)

Moderator: Robert Sabata (lawyer in Barcelona)

12h45 : Discussions – questions from the public

13h30 : lunch

 

AFTERNOON 15h00 – 18h30

15h00:

Fundamental texts and jurisprudence of the European Courts.

VINCENT LETELLIER, Former president of the SAD, Belgium, lawyer in Brussels, and currently teaching at the Free University of Brussels

15h45:

2nd round table: Legal aid in Europe as seen by lawyers

With Denis DE PLOEG (Amsterdam); Marina DALIANI (Athens) ; Marta CLAPÉS (Barcelona); Bernd HÄUSLER (Berlin) ; Isabelle RAFFARD (Bordeaux); Véronique DOCKX (Bruxelles), Wendy PETTIFER (London) ; Nicola CANESTRINI (Rovereto),

Moderator: Frédéric UREEL (President of the EDL), lawyer in Charleroi           

17h30: Discussion – questions from the public

18h00: Conclusions:

Recommendations Of the CCBE In matters of Legal Aid

Rendering mandatory the European directive in matters of judicial assistant and legal aid.

Fernando Piernavieja Niembro, Ex-president of the Commission Access to Justice of the Consejo de la Abogacía Española

18h30 – Closing

 

 

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Concern due to measures imposed on lawyers

PRESS RELEASE

Concern due to the disproportionate precautionary measures imposed against Arantza Zulueta, Jon Enparantza and José Campo

The Association of Democratic Lawyers previously expressed their concern about the arrest and the hardness of the precautionary measures taken against the Basque Lawyers Arantza Zulueta, Jon Enparantza and José Campo and also denounced the persecution of the Basque Lawyers and their professional practice in the recent police operation that ended with 12 lawyers arrested.

We want to show our disagreement with the hardness of the precautionary measures taken due to which they remain in prison under high isolation conditions for over a year, without having determined the date of judgment.

Arantza Zulueta was already on probation for a similar charge, so we believe that her second arrest is questionable.

We request the all three to be released as soon as possible and their liability to be determined, in any case, in court. From AED-EDL we further emphasize that:

  • The prison precautionary, unconditional and provisional measure is highly burdensome that applies to very specific cases. We understand that, in this case, does not fit at all. Thus, we consider it disproportionate and, in this case, another precautionary measures could be taken, if so appropriate.
  • There is no reason to believe that there is a risk of scape. In the case of Arantza Zulueta, she is on probation for another procedure.
  • The State must guarantee the right of lawyers to carry out their professional functions without the intimidation or persecution, and without suffering any interference in their work.

    Therefore, we request to the JCI number 6 with the proceeding number 11/2013, their release as soon as possible so that the violation of their rights cease immediately.

    Brussels, February 7th, 2015

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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)



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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

 

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Police Identification: the petition

The EDL (European Democratic Lawyers) is promoting an European Campaign to sign a petition directed at the European Commissioner, European Commission and the Human Rights commision of the European Parliament, asking them to take the necessary measures to adopt an European directive for the identification of police officers on the basis of a preceding decision of the European Parliament.

Our intention is to collect the highest number of signatures in all member states and then hand it to the European Authorities.

In the petition we ask the European Authorities to take the necessary steps and introduce a debate aiming at adopting a directive or framework decision in this matter and give a response to the problem of the visible identification of police officers.

The aim being to avoid the violation of fundamental rights, safeguard the rights of the defense, the independence of judicial power and its role of control as well as to banish from everyday life the impunity of criminal actions of police officers and their administrative and political superiors with the following criteria:

I.- The general obligation of identification on the uniforms of all police forces.

II.- Simple and clear visibility of identifications, based upon precise dimensions and specifications.

III.- The establishment of an obligation for all police officers to identify themselves at the demand of a citizen.

IV.- A clear system of sanctions for offenders

sign the petition