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Law Professor retained in The Philippines

The Foundation DAY OF ENDANGERED LAWYER and the AED (European Democratic Lawyers) denounce the inadmissible treatment inflicted by the Philippine authorities on the Australian law professor Gill Boehringer, a fervent defender of human rights and minorities in the Philippines.

 

The 8th of August upon arrival in Manila to join his wife of Philippine nationality, he has been refused entry into the territory. He is under detention and retained at the moment, attending repatriation.

 

According to statements of the immigration office, Gill Boehringer is allegedly on their blacklist of activists because he participated in the rallies of 2015 in support of indigenous people, the Lumads of Mindanao Island (Philippines), who have been fighting for 25 years against the Tampakan mining project.

 

In the Philippines, participating in such gatherings is illegal for a foreigner and considered a breach of the public order and security of the country.

 

Gill Boehringer contends the charges against him, but according to his lawyer, he still has not had access to his case or has been in any way able to argue (see ABS-CBS News, 9.08.2918)

 

His health is matter of concern. The doctor who examined him has recommended he does not fly back so quickly.

 

On the 13th of August, Gill Boerhinher is still not free.

 

The Foundation DAY OF ENDENGERED LAWYER and the AED (European Democratic Lawyers) strongly condemn the inhuman and degrading treatment suffered by Professor Boehringer for his fight for the defense of human rights and calls into question a serious violation of freedom of expression and circulation and a clear violation of the rights of the defense.

 

 

 

 

 

 

 

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Day of the Endangered Lawyer 2018

Today in Egypt, human rights activists, lawyers, political activists and independent journalists, all have to live with their phone calls being tapped, endless smear campaigns and hate speech from state-affiliated media as well as continuous harassment and intimidation from the authorities. Egypt is going through the most serious human rights crisis in its history. Every day security forces arbitrarily displace 3 or 4 people (AI Secretary General, 18 Dec. 2016).

After the overthrow of President Mohammed Morsi the human rights situation deteriorated dramatically. The government severely restricted freedom of expression, freedom of assembly and freedom of association. The authorities have taken harsh actions against dissidents, tens of thousands have been arbitrarily arrested, and many of them tortured during custody. Security forces who killed demonstrators have not been held accountable. After harsh unfair trials, hundreds of people have received prison or even death sentences. Victims of this persecution include not only alleged members and supporters of the Muslim brotherhood but also any other opponents to the present government, in particular alleged members of left-wing organizations and human rights activists.

This relentless persecution can even lead to arbitrary arrest, prolonged detention, harsh sentences after unfair trials and sometimes even torture, enforced disappearance at the hands of the state or death in custody as a result of medical negligence. This is pretty much the same list of human rights violations suffered by the people whose rights such defenders are meant to be protecting through their activism and work. Victims of this persecution are not only alleged members and supporters of the Muslim brotherhood but also any other opponents to the present government in particular alleged members of left-wing organizations.

Since General Al Sissi came to power, the crackdown on the Muslim Brotherhood has spread to the entire democratic opposition, the media, NGOs, minorities and civil society.

Lawyers pay a heavy price. Many of them are victims of arrest, conviction, threats, travel bans from the territory and other restrictions on the practice of their profession.

By so doing, the Egyptian government violates the UN Basic Principles on the Role of Lawyers, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990.

See  our Report on Egypt

The AED calls for demonstrations in front of the Egyptian embassies all over Europe to show our solidarity with our Egyptian colleagues in the context of the Day of the Endangered Lawyer.

The Day of the Endangered Lawyer is supported by the Foundation of the Day of the Endangered lawyer and the AED as well as by IAPL, ELDH, IDHAE, CNB-OIAD,  CCBE, UIA, Endangered lawyers, Lawyers for Lawyers. It is supported by many Bar Associations all over Europe and outside Europe.
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Lettre au Président de la République

Bruxelles, Paris, Barcelone, le 4 janvier 2018

 

Monsieur le Président de la République,

Demain vous allez recevoir RECEP ERDOGAN, Président de la Turquie.

Quelques soient les enjeux diplomatiques ou autres existant entre nos pays, vous ne pouvez ignorer la situation de non-droit dans laquelle se trouvent aujourd’hui des avocats, des magistrats, des parlementaires, des journalistes, des syndicalistes… Au nom de la lutte contre le terrorisme et ce depuis le coup d’état manqué du 15 juillet 2016.

La répression arbitraire ne cesse de s’aggraver; les détentions dans des conditions assimilables à des traitements inhumains et dégradants, sans véritable accès à une défense effective se multiplient.

Les avocats qui osent encore tenter de remplir leurs fonctions sont immédiatement stigmatisés à leur tour et empêchés par des inculpations et des incarcérations sans aucun fondement. Notre organisation est particulièrement inquiète sur le sort réservé à nos confrères détenus depuis plusieurs mois sans qu’il soit possible de savoir quels sont les faits réels qui leur sont reprochés.

L’AED, association européenne d’avocats démocrates, particulièrement attachées au respect des droits de la défense et à la protection de ceux qui se trouvent en première ligne de cette défense, les avocats eux même, vous demande, Monsieur le Président, en votre qualité de représentant de nos valeurs fondamentales de liberté et de justice d’interpeller fermement votre hôte pour que nos confrères soient libérés sans délai et que les poursuites engagées contre eux soient immédiatement abandonnées.

Nous soulignons qu’un certain nombre de nos confrères actuellement incarcérés sont membres de notre association, et tout particulièrement Selçuk KOZAGACLI et l’ensemble des avocats du çHD.

Pascale Taelman

Avocate au Barreau du Val de Marne

Présidente

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New Arrests / Nouvelles Arrestations

The AED demands that the Turkish Government stop all hostility against human rights lawyers. The numerous irregular and arbitrary detentions are an authoritarian and repressive response against Turkish lawyers, charged with terrorism or activities against the state. The Republic of Turkey is a member of the Council of Europe and must therefore respect and promote the defence of human rights.

We are asking for the immediate release of lawyers:

– Me. UÇAR Sezin

– Me. GÜMÜŞTAS Özlem

– Me. Gulhan KAYA

The first two were arrested October 19th around 2 o’clock in the morning. The latest news is that they are still held in the anti-terrorist section of Vatan, where they can be held for 7 days. All offices were searched. Even the apartment in which the 3 lawyers live was searched in violation of the Turkish Code of Criminal Procedure (without the presence of the prosecutor, or an official of the Bar, or the mayor and without witnesses). Thus, computers and digital equipment were seized. Four months ago, as part of the same investigation, the lawyers went to testify and submitted an application to the judge. Despite this, the judge found it more appropriate to search the offices and the home.

All three are members of “ezilenlerin hukuk bürosu” (Legal Office of the Opponents). They are active in the HDP and have represented the co-chair of this political formation. They currently defend the families of the dead young people murdered in Suruç and have intervened in the bomb case in Ankara.

These are only a part of the arrests: Nihat Goktas is on hunger strike, Ozgen Sadet (sister of a victim of the Suruç massacre) has been arrested, together with journalists from Etkin Haber, Ajansi Isimaz Temel and Havva Custan and 11 others. There are arrest warrants for more than 10 people.

The AED denounces these political detentions and demands the release of the imprisoned colleagues and all the persons concerned.

Créteil, Barcelona, Harlem, on the 22nd October 2017

AED- EDL (European Democratic Lawyers) & The Foundation of the Endangered Lawyer

 

 

L’AED exige du Gouvernement turc l’arrêt de toute hostilité contre les avocats défenseurs des Droits de l’Homme. Continuellement des détentions irrégulières et arbitraires se produisent comme réponse autoritaire et répressive contre les avocats et juristes turcs, moyennant des chefs d’accusations de terrorisme ou activités contre l’État. La République de Turquie est membre du Conseil de l’Europe et doit donc respecter et promouvoir la défense de Droits de l’Homme.

Nous demandons ici, la mise immédiate en liberté des avocats:

– Me. UÇAR Sezin

– Me. GÜMÜŞTAS Özlem

– Me. Gulhan KAYA

Les deus premières ont été arrêtées le 19 octobre vers 2 heures du matin. Aux dernières nouvelles elles sont toujours détenues à la section antiterroriste de Vatan/İstanbul avec possibilité d’être maintenues pendant 7 jours. Tous les bureaux ont été perquisitionnés. L’appartement dans lequel vivent les 3 avocats a également été perquisitionné en violation du code de procédure pénale turque (sans la présence du procureur, ou du fonctionnaire du Barreau, ou du maire et sans témoins). Ainsi, des ordinateurs et du matériel digital ont été saisis. Pourtant, il y a 4 mois de cela, dans le cadre de l’enquête, les avocats étaient allés témoigner et avaient soumis une requête au juge. Malgré cela, ce dernier a trouvé plus adapté de faire des perquisitions dans les cabinets et le domicile.

Tous trois sont membres de “ezilenlerin hukuk bürosu” (Bureau légal des opposants). Ils sont aussi actifs dans le HDP et ont représenté le coprésident de cette formation politique. Ils défendent les familles des jeunes gens morts assassinés à Suruç et interviennent également dans le cas dossier de la Bombe à Ankara.

D’autre part, Nihat Goktas (en grève de la faim), Ozgen Sadet (sœur d’une victime du massacre de Suruç), les journalistes de Etkin Haber, Ajansi Isimaz Temel et Havva Custan ainsi que 11 autres personnes ont été arrêtées. Il y a par ailleurs des mandats d’arrêt à l’encontre de plus de 10 personnes.

L’AED dénonce ces détentions politiques et demande la libération des confrères détenus et de toutes les personnes concernées.

A Créteil, Barcelone, Harlem, le 22 octobre 2017.

AED (Avocats Européens Démocrates) & Fondation de l’Avocat Menacé

 

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KEEP YOUR HANDS OFF TURKISH LAWYERS!

Since mid-September, these lawyers are detained in Ankara, Istanbul and Diyarbakır.

 

The number of lawyers prosecuted in Turkey is 1343 after this last wave of raids against lawyers. 524 of them have been arrested since the staged coup attempt in July 2016.

 

There are lawyers from France, Germany, the Netherlands, Catalonia, Belgium, Spain, Greece, Italy and Turkey who share the same democratic, modern and humane ideals in Europe.

 

We are convinced that our colleagues are only exposed to state repression because of their professional activities.

We will not stop until we know they are safe. We demand the release of the lawyers who have been imprisoned!

 

European Democratic Lawyers (AED-EDL)

 

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Naples Conference on Mediterranean Lawyers

We thank the organizing associations of this meeting for their work and for their kind invitation. Many lawyers of our association from various European countries are present today to follow our work carefully.

The AED (European Democratic Lawyers Association), in which Italy is present through the association “Legalteam Italia”, has always contained in its structure a Commission called “Defense de la Defense“, which is devoted to defend and practice solidarity with lawyers who are deprived of liberty throughout the world or persecuted for their work of human rights’ advocacy.

For this reason, along with the intervention of lawyers of the association, the Commission has been present in Indonesia, Spain, Tunisia, Kashmir and in many other countries of the world where the role of lawyers has been opposed by dictatorial and / or fake democratic governments.

It was immediately decided to express our utmost solidarity with the colleagues of neighbouring Turkey even in view of its forthcoming accession to the European Union. During the 1990s protests, we got together in front of the Turkish government to protest for the arrest of the then President of the’ Association of Human Rights and Vice-President, both lawyers of the Diyarbakir Order, Sakar and Tanrikoglu.

On this occasion, a delegation from Germany was sent to organize the presence of trial observers during their trial as well as the presence of lawyers in Istanbul, where solidarity was given to colleague Erin Keskin, of the same Human Rights Association, arrested in Istanbul and prosecuted on the 20th of May 1997.

During the coming years, the AED has always worked to defend our colleagues who have suffered arrests and torture in Turkey. We remember our colleague, the lawyer Sevil Dalkilic, who was tortured and induced to confess falsely that she was a member of a terrorist organization; in this occasion as in other, AED and Amnesty International coordinated the intervention. The Turkish government never responded to the many motions and protest letters sent by our association to the diplomatic representatives of  their country. The AED through its commission defense of the defense sent a report to the Human Rights Commission in New York on the case of Sevil Dalkilic.

Several interventions have been organized to ensure the presence of the AED lawyers, as well as other international observers of associations formed during the years, to trials against lawyers who face arrests and torture in Turkey for the work in the defence of citizens unjustly accused of carrying out terrorist activities, especially lawyers and representatives of Kurdish citizens who for years have been claiming their autonomy and freedom, while the Turkish government has always been the expression of military dictatorships and fascist hegemony. The Turkish government have always denied political independence to the Kurdish community, who today is also engaged, militarily, in defending Europe from the attacks of ISIS in the Syrian territories.

For some years now, lawyer’s protests have taken place. Lawyers demonstrate, clothed in their working robes, in front of the Turkish Embassies and Consulates in the countries where members of the AED are present.

Lawyers protest against the numerous arrests and expulsions from Turkish territory of members of delegations who come here to observe the proceedings against lawyers, journalists, teachers and workers subject to the repression that the Turkish government now exercises against all opponents. During the long-term detention of the President of the Kurdish Workers Party (PKK), President Ocalan; numerous lawyers have been expelled because they were engaged in defense of Ocalan both in Germany and in Italy in the short period of his presence in Europe, where he asked for political asylum (granted in Italy in 1998).

Colleagues are also denied entry to Turkey, when they go to provide legal aid together with Turkish Lawyers and their Associations (CHD, IHD, etc …).

In 2011, the AED dedicated for the first time the day of the 24th of January to the protest in defense of lawyers threatened around the world because of their role in the defense of human and civil rights. The 24th of January commemorates the day were a large group of labour lawyers were assassinated by fascists in Madrid in 1977 for their commitment to defend workers.

In the following years, an increasing number of lawyers have demonstrated on behalf of other lawyers. They have demonstrated in front of the Embassies of Colombia, Honduras, the Philippines, Iran and, above all, in recent years, Turkey, Egypt and China. This initiative has led to the collaboration of many associations, and from 2012 to today, hundreds of lawyers in their robes have demonstrated in front of diplomatic delegations across Europe. This has also determined the entry into our association of a Turkish Lawyers’ Association from 2015. In 2017 the Greek have also joined our association.

The Mediterranean is the scene of numerous political transformations that have emerged from the peoples’ awareness of their right to self-determination; since 2011, with the well-known “Arab Spring”, we have seen the desire for change expressed by peaceful peoples who have immediately suffered repression and violence. The people have confronted this repression with courage and determination, together and with the help of lawyers who have been threatened and tortured for their civil engagement.

To further our political commitment and the cooperation with the Associations of Lawyers as well as the individual lawyers present today, we welcome the proposal to sign a Charter here in Naples, which defines the principles and goals for which we have chosen the commitment all of us try to pursue, with our usual solidarity and the necessary affirmation of the right of all those who call us to defend the conquests of liberty for which they struggle and die.

On this particular occasion, it is time to express our solidarity to the Catalan people who, peacefully, have tried to manifest their political self-determination and have suffered an unheard of repression by the police forces of a country that should deal democratically with the disputes that arise with the citizens. Instead the Spanish state has sparked an unjust and evil force against helpless citizens, causing hundreds of injured in a day, when all they wanted to do is to vote.

Naples, on the 7th and 8th of October 2017

for the AED Simonetta Crisci

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On the repression in Catalonia on the 1st of October 2017

The events that have taken place on the 1st of October in Catalonia are very concerning for a Democracy. Therefore, we severely condemn the actions taken by the Policía Nacional and the Guardia Civil, which have violated the fundamental rights of the people, like the right to health and physical integrity, the right to political participation, the freedom of assembly, the right to vote and the freedom of expression. The Spanish police forces have acted in a totally disproportionate and unjustified manner, in a context of passive and peaceful protest, without acts of provocation or violence being committed.

The first aim of the police action was to frighten the population in order to dissuade them from voting – without going into the legality of the vote. Moreover, some of the action on the ground of the Guardia Civil and the Policía Nacional has exceeded the order of the judicial authority. These police forces needed a justification to act violently, with hatred, against independence, a justification that this judicial decision provided them. This explains the gratuitous and cruel aggressions against citizens who were in the polling stations as well as the systematic destruction public furniture and school buildings.

Police action has violated the law by the widespread and indiscriminate violence against the population with the use of anti-riot materials such as rubber bullets or tear gas, which are strictly prohibited in situations where there is no serious danger. This was not the case, instead there were millions of people exercising fundamental rights in a peaceful manner. Besides the physical – more than 870 wounded – and psychological damage, their actions have prevented thousands of people from voting, through unprecedented repressive action at European level. Their actions did not even respect people in situations of vulnerability such as the elderly, they attacked the sexual integrity of women and caused extensive damage to community-owned equipment.

This widespread and disproportionate repressive action against all citizens of a territory without distinction is contrary to the rules of any democratic state.

The AED considers that the problem lies in the political weakness of the Spanish government to democratically approach a political demand and denounces the instrumental use of the police, of prosecutors and judges who should not be agents or arbitrators in a conflict of political nature.

Finally, the AED stresses the impressive silence of the EU institutions on this conflict.

2nd of October 2017

Paris, Amsterdam, Brussels, Berlin, Rome, Madrid, Athens,

Download this press release in FRENCH or in ENGLISH

 

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Free our 16 colleagues

Free our 14 colleagues, members of ÇHD (Progressive Lawyers Association), arrested in Turkey:

 

 

Barkın Timtik

Ebru Timtik

Süleyman Gökten

Ezgi Çakır

Ahmet Mandacı

Yağmur Ereren

Aytaç Ünsal

Didem Baydar Ünsal

Ayşegül Çağatay

Engin Gökoğlu

Behiç Aşçı

Aycan Çiçek

Şükriye Erden

Özgür Yılmaz

Zehra Özdemir

Naciye Demir

 

We have been informed that our 14 of our colleagues have been sent to jail  in Ankara, Istanbul and Diyarbakır. We are very worried about the situation of the lawyers Barkin Timtik, Engin Gökoglu and Ozgur Yılmaz.

16 members of ÇHD were arrested on the 12th of September in Ankara, İstanbul, İzmir, Ordu and Diyarbakır. We have been informed that our colleagues have been tortured. Our colleague, Engin Gökoğlu, who has been on hunger strike for 28 days, has been sent to the hospital after he severely beaten by police officers

 

The president of ÇHD Selçuk and Betül Kozağaçlı have not been arrested but we have been informed that their practice of lawyering has been limited and their phones and computers seized.

 

As we have been informed, with this last wave of crackdowns against lawyers, the number of lawyers under criminal prosecution in Turkey is now 1343. 524 of them have been arrested since the coup attempt in July 2016.

 

We urge the Turkish government to ensure that the 16 lawyers mentioned above are immediately released because we believe that they were taken into custody solely because of their professional activity as lawyers.

 

We demand to take all necessary measures to guarantee the physical and psychological integrity of lawyers in Turkey as well as their ability to perform their professional duties without fear of reprisal, hindrance, intimidation or harassment.

 

We express our concern over the situation in Turkey where the regime of President Erdogan harasses lawyers and pursues them by the tribunals, used as a weapon for repression. The lawyers seem to be purged because of the exercise of their duties as Lawyers defenders.

 

The AED finally wants to express its concern over the situation of human rights defenders in Turkey and emphasises the due respect for human rights and the rule of law. We are very concerned with situation of the persecuted lawyers.

 

Paris, Amsterdam, Barcelona, 13th of September 2017.

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30 years of Activism

The association European Democratic Lawyers, AED-EDL is celebrating 30 years of work in defence of the rights of citizens. This federation of European lawyers has aimed at preserving the independence of lawyers with regard to any power, be it political, social, economic or ordinal.

Much has changed since 1987:Back then, the European Union seemed to be able to provide a common space, characterized by the creation of a democratic, modern and human European law. Thirty years later, we meet to discuss the changes in Europe, the strategies to defend fundamental rights and the solidarity with our colleagues all over the world.

30yearsACTIVISMFINAL-B

We hope to see you in Berlin!

Download our invitation in English: Berlin – 30years or in French: Berlin -30 ans

 

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Contro gli arresti degli avvocati in Turchia

Communicato di LegalTeam Italia.

Desta grandissimo allarme la notizia dell’arresto di 23 colleghi in Turchia, accusati di far parte dell’organizzazione di Fetullah Gulem: accusa ormai adoperata dal governo turco per colpire e sbarazzarsi di ogni tipo di oppositori, o anche solo liberi pensatori non allineati con la politica del presidente Erdogan. Nei casi di questi arresti di massa l’accusa non si preoccupa neppure di indicare quali sarebbero gli elementi che sorreggerebbero l’ipotesi di chi indaga e così si rende impossibile ogni forma di difesa. Questa procedura trova le sue radici nello stato di emergenza che ormai si sta prorogando di tre mesi in tre mesi, da quel 15 luglio 2016 in cui vi fu il cosiddetto “tentato Golpe”. Sono ormai quasi 300 gli avvocati incarcerati. Accanto a loro stanno giudici, professori, giornalisti, lavoratori dei media, militari, impiegati e comuni cittadini: sono ormai più di 47.000 gli arrestati in questi mesi e più di 100.000 quelli che hanno perso il posto di lavoro e hanno visto i propri beni sequestrati.

Di fronte a questi arresti in massa, i relativi processi non iniziano neppure e la detenzione si proroga. Del resto, per restare agli avvocati, debbono ancora concludersi i processi, iniziati spesso molti anni fa e mai conclusi, che vedono imputati decine di colleghi per il solo fatto di avere esercitato bene il loro mandato difensivo.

Fra i colleghi arrestati in questi giorni vi è anche l’Avv. Taner Kilic          che era responsabile per la Turchia di Amnesty International e che è ben noto anche in Italia per avere contribuito alla liberazione del giornalista italiano Del Grande sequestrato ai confini della Siria. Il governo turco non si ferma certo, nel suo programma di “piazza pulita degli oppositori”, di fronte al ruolo internazionale connesso alla posizione in Amnesty. Anzi, secondo i suoi parametri, ciò costituisce probabilmente una aggravante. Infatti, tutte le organizzazioni che lottavano per i diritti umani sono state chiuse e disciolte ed i loro attivisti incarcerati.

Il panorama delle violazioni di ogni diritto umano fondamentale in Turchia è ormai ai nostri occhi insostenibile. Anche altri paesi nel cuore dell’Europa (vedi la Francia) conoscono lo stato di emergenza, eppure non sembrano ricorrere in maniera così massiccia alla negazione dei diritti. E più il governo turco perde consensi (vedi l’esito del recente referendum costituzionale) più ricorre a questa repressione di massa.

E’ l’ora che i governi occidentali smettano di farsi complici, col loro silenzio, di questa dissennata politica. LTI, pur piccola organizzazione ma tenacemente attaccata alla difesa dei diritti fondamentali, esprime la propria solidarietà ai colleghi turchi arrestati in questi mesi e si dichiara disposta a prendere parte ad ogni forma di protesta civile contro questi arresti e questa negazione della libertà.