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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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Arrest of three Basque Lawyers

PRESS RELEASE

London, Düsseldorf, Farciennes 21 July 2014

The European Lawyers Associations AED and ELDH have received information concerning several situations of grave concern in relation with the pressure and persecution Basque lawyers are suffering.

First, we express our concern over the arrest and imprisonment of the three Basque lawyers Jon Enparantza, Arantza Zulueta and Jose Campo, arrested six months ago who still remain under preventive detention since then. The restrictive security measures to which they are subjected involve a high degree of isolation.

The cases of Arantza Zulueta and Jon Enparantza cause particular concern. In the case of Zulueta, she is suffering a situation of extreme isolation in the prison Puerto III, 980 km far away from the Basque Country, and living a lifestyle that is not compatible with her rights1. These conditions threaten her physical and mental integrity. She has not been convicted and this is incompatible with the presumption of innocence. Jon Enparantza is exactly under the same situation in the prison of Segovia, 410 km away from Donostia, where he lives with his family.

Second, we express our concern concerning the information recently leaked to the media, which could be considered to be part of an operation against a specific group of lawyers. Without having any news other than that leaked to the media, we are led to believe that the conditions described are not compatible with the exercise the right to a defence.

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The routine she is facing at present is as follows: since entering in prison she has been in the isolation module, alone, with no contact with any other prisoner. Now she is in a special isolation module withe no human contact, she has 4 hours in the yard which measures 15 x 5 steps in the morning or in the afternoon, at the discretion of the prison officers.

She is subjected to daily personal body searches on going to the yard, and often while in the yard, her cell is turned upside down, and she can receive phone calls only when prison officers arbitrarily decide and they remain in her presence. This situation is quite irregular and contrary to the regime officially applied to prisoners.

In the cell she is only allowed to have two books and some clothes. All her belongings are retained by the authorities and even the letters received must be returned, once read, to be stored with the rest of her retained belongings. All her letters are intercepted, both incoming letters that take about two weeks to arrive, and her own letters, in addition to having the number of letters that can be sent reduced to two people, per week.

2

We therefore declare:

First. The fact that our lawyers colleagues have been arbitrarily detained must be admitted, and their right to physical and mental integrity should be safeguarded.

Second. These lawyers should be released from custody in accordance with international standards. Their release is urgent, because the lawyers are suffering a particularly severe isolation regime, away from their homes and away from their families, and the presumption of innocence to which they are entitled is being violated.

Therefore, we demand their immediate release awaiting prosecution and trial. The full and effective enjoyment of all human rights and fundamental freedom should be restored to them, in particular, those corresponding their capacity as lawyers and human rights defenders.

Third. Their prosecution before a special court (Audiencia Nacional) should be terminated, and the use of special courts for the suppression of terrorism is not justified.

Fourth. The Spanish State should instruct the Guardia Civil that police operations based only on exceptional reports such as those which have led to the detention of these three lawyers must end.

Fifth The right of full and adequate defence must be guaranteed, to be exercised freely and without any pressure or constant threats.

ELDH – European Association of Lawyers for Democracy and World Human Rights, Platanenstraße 13, 40233 Düsseldorf, Germany, www.eldh.eu

EDL – European Democratic Lawyers, Rue Albert Ier, 236, 6240 Farciennes, Belgium, http://www.aeud.org/

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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.

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TO THE CONSEJO GENERAL DE LA ABOGACÍA ESPAÑOLA

TO THE CONSEJO GENERAL DE LA ABOGACÍA ESPAÑOLA (GENERAL COUNCIL OF SPANISH LAWYERS)

The international Association of which I am president, the European Democratic Lawyers (AED) has had knowledge of serious procedural incidents during the oral hearings being held at the 3rd Section of the Audiencia Nacional (Case 18/98), through several of our members who have attended these hearings as accredited observers. Therefore, at the General Assembly held on January 20th in Brussels, the Association agreed to address this Council in order to state the following:

First. – Since the beginning of the Trial, several lawyers from our Association have regularly attended the oral hearings as juridical observers with due authorisation from the Tribunal. The incidents explained below were directly witnessed by the said observers.

Second. – One of the preliminary objections made by the defence counsel for the 58 defendants at the beginning of the oral hearings, referred to the fact that a large number of pieces of documentary evidence requested and approved by the Tribunal as anticipated evidence were not included in the Case files. The observers were able to verify, according to the account of evidence proposed and admitted and its state provided by the Secretary, that the said pieces of evidence had not been incorporated into the proceedings. Likewise, the defence requested the Secretary gave an account of the pieces of evidence which were at the disposal of the Court at that time, and that they be located among the proceedings, totalling in excess of 200,000 sheets. This request was disregarded.

The preliminary objection demanding the hearings be adjourned until all the agreed preliminary pieces of evidence were incorporated into the proceedings and made available to all the parties was rejected by the Tribunal, which agreed to resume the sessions.

Third. – During the session of December 20th, 2005, one of the requested and admitted preliminary pieces of evidence was incorporated into the proceedings. This piece was a set of older proceedings from Central Investigation Court No5, which were opened in 1989, and to which the prosecutions, booth the Prosecutor Fiscal and the private prosecution (Asociación de Víctimas del Terrorismo) had referred to as evidence. It was therefore clear that they were aware of the content of these proceedings.

The said piece of evidence amounts to approximately 100,000 sheets of paper.

Despite the fact that it had been added to the proceedings, the said piece of evidence was not made available to the counsel for the defence immediately. The reason given for this was that the Tribunal had to examine its content and organise it first.

Fourth. – More than one month later, the lawyers for the defence had not been given a copy of the said documents, and they had only been allowed to consult this material at the Secretary’s office within a very limited timetable. The defence therefore requested the Trial be adjourned for the time necessary to at least minimally appraise the content of such a voluminous piece of documentary evidence.

When this request was denied again, the lawyers for the defence called for backing from their respective Professional Bar Associations, which in turn addressed the Basque Lawyers’ Council. The latter issued a resolution that was very critical of the decision by the Court. We know that the Madrid Bar Association has also expressed itself in a similar vein.

Fifth. – As a consequence of the calls for backing, the Court issued a decision adjourning the Trial until January the 30th, 2006, which evidently still allows too little time to assess the piece of documentary evidence described above with full guarantees.

In view of all the above, the Association of which I am president has agreed to call on this General Council to make whichever decisions and initiate whichever actions it sees fit, in order to prevent new violations of the right to a defence in Case 18/98, and to express its support for the measures requested by the defence lawyers, aimed at safeguarding this right; including, insofar as it is necessary, an adjournment of the Trial until such a time as it can be resumed in accordance with juridically acceptable guarantees.

Brussels, January 21, 2006.

August Gil Matamala President of the AED.
Rambla de Catalunya 10, 2o 2a 08007 Barcelona