Belarus: revoke disbarment of lawyer Aleksandr Pylchenko

Belarus: revoke disbarment of lawyer Aleksandr Pylchenko

The ICJ calls on the Belarus authorities to revoke the disbarment of lawyer Aleksandr Pylchenko and to end harassment or other interference with the work of lawyers in the country.

His disbarment appears to be arbitrary and in violation of rights to freedom of expression as well as international standards on the role of lawyers.

The decision of 15 October 2020 of the Ministry of Justice to disbar the lawyer is clearly related to his work in defence of human rights and his representation of clients, including, opposition leaders or protesters.

This disbarment is part of a pattern of increasing obstruction of lawyers who represent those associated with recent protests in Belarus, including through arrests and detention of lawyers, and prevention of their access to clients.

Aleksandr Pylchenko represented Viktor Babariko and Maria Kolesnikova, two leaders of the opposition in Belarus.

Disbarment proceedings against Mr Pylchenko started as a result of his public criticism of the response of the law enforcement authorities to claims of ill-treatment of protesters.

On 14 August 2020, in a media interview Mr Pylchenko called on the Prosecutor General’s Office to take action, in particular to launch criminal investigations into the ill-treatment of protesters by the police and to remove the Minister of Interior and other officials from their posts because of their involvement in human rights violations.

According to the Ministry of Justice, Mr Pylchenko called for “illegal actions, including blocking and disarming military units” and his statements “mislead the public about the powers of state bodies and do not comply with procedural norms”.

Belarus has obligations under international law to protect the right to freedom of expression (Article 19 ICCPR).  Lawyers have a particular role in publicly raising concerns about violations of the human rights of their clients, or problems in the justice system that lead to violations of human rights.

The UN Basic Principles on the Role of Lawyers affirm that lawyers, like others, are entitled to freedom of expression and in particular, have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights.

Furthermore, the UN Basic Principles on the Role of Lawyers provide that governments must ensure that lawyers ‘are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference”. (Principle 23). Lawyers should 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 (Principle 16). They should never be identified with their clients’ causes.

Background:

Following the presidential elections of 9 August 2020 in Belarus, widespread protests across Belarus took place.

On 18 June and 7 September 2020, Victor Babaryka and Maria Kolesnikova, opposition leaders in Belarus, were detained.

There are reports that defence lawyers were denied access to those arrested including in high-profile cases, such as the case of the former presidential candidate Victor Babaryka whose lawyer was not allowed to see his client in the detention centre for significant period of time.

On 9 September 2020, lawyers Ilya Salei and Maxim Znak, were detained allegedly on politically motivated charges.

On 25 September 2020, the Minsk city Oktyabrsky District Court sentenced Luidmila Kazak, lawyer of Maria Kolesnikova, to a fine (220 Euro) for “disobeyance to a lawful order” of a police officer (Article 23.4 of the Code of Administrative Offences). The lawyer stated that the arrest and administrative fine are connected to her legal representation of the opposition leader Maria Kolesnikova.

The ICJ has previously called on Belarus to comply with its international human rights obligations, including by releasing those arbitrarily detained and ceasing abusive prosecutions as well as harassment of lawyers.

Egypt: Ahmed Douma must be immediately removed from solitary confinement and released

Egypt: Ahmed Douma must be immediately removed from solitary confinement and released

Today the ICJ condemned the conviction of prominent Egyptian political activist Ahmed Douma and called for his immediate removal from solitary confinement and release from prison.

Ahmed Douma, political activist and founding member of the now banned 6 April pro-democracy movement established in 2008, was convicted by the South Cairo Criminal Court on Wednesday 9 January 2019.

The conviction, resulting in a sentence of 15 years in a maximum security prison and a six million Egyptian pounds (US$335,000) fine, followed a re-trial on charges under the Penal Code and Law No. 10 of 1914 on Illegal Assembly including using force and violence against military and police officers, disrupting traffic, participating in an illegal assembly for such purposes, burning the Egyptian Scientific Institute, vandalizing public property, and possessing Molotov Cocktails and rocks to vandalize public property.

The charges relate to his involvement in a three-week sit-in protest outside the Cairo Cabinet Offices in November and December 2011 against the Supreme Council of the Armed Forces’ decision to appoint Kamal Al Ganzouri as Prime Minister, and calling for a civilian government during the post-revolution transition period. The protest erupted in clashes between military forces and protestors on 16 December 2011, which lead to the death of 18 protestors by live ammunition, injury of more than 1900 others and property damage. Douma and 268 others were charged with all offences without distinction.

Ahmed Douma has been held in solitary confinement since late 2013 in connection with his conviction in another case.

Before handing down the sentence, Judge Mohamed Shereen Fahmy stated the country was “plagued by the intellectually defeated and the socially […] lost in the maze of life, seeking a position through which they can establish themselves as national symbols, liars, deceivers, and accomplices, […] who one would expect to be the homeland’s protectors, but in reality, they are its worst foes.”

“The harsh sentence is a clear message to all political activists that any political activity or dissent will not be tolerated under Egypt’s military dictatorship,” said Said Benarbia, Director of ICJ’s MENA Programme. “Judge Fahmy’s statement demonstrates he was never independent and impartial, but was implementing the political will of the al-Sisi led government. The Egyptian regime’s politicization of the judiciary means those with opposing views are unlikely to have a fair trial.”

On 22 December 2013, a Cairo Misdemeanor Court convicted Ahmed Douma in another case, along with two other political activists and founding members of the 6 April movement, Ahmed Maher and Mohamed Adel, for “illegally organizing a protest” under Law No. 107 of 2013 on the Right to Public Meetings, Processions and Peaceful Demonstrations. They were sentenced to three years’ imprisonment and fined 50,000 Egyptian pounds (US$7,239) each.

Since that conviction, Douma has been detained in solitary confinement, with minimal time outside his cell each day. Prolonged solitary confinement is prohibited under international law.

“The Egyptian Authorities are subjecting a political activist to severe ill-treatment in reprisal for his participation and his role in the pro-democracy uprisings of January 2011 and as a warning to others to take heed of what will happen should you dare to express your views. Ahmed Douma’s solitary confinement for more than five years is a breach of Egypt’s obligations under international law,” said Said Benarbia.

Contact:

Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org

Egypt-Release Ahmed Douma-News-Web Story-2019-ENG Full press release (English, PDF)

Egypt-Release Ahmed Douma-News-Web Story-2019-ARA Full press release (Arabic, PDF)

Egypt: authorities must end the arbitrary detention of human rights lawyer Mohamed Ramadan

Egypt: authorities must end the arbitrary detention of human rights lawyer Mohamed Ramadan

The Egyptian authorities should immediately and unconditionally release human rights lawyer Mohamed Ramadan and drop the charges against him or otherwise charge him with a recognizable crime consistent with international law, said the ICJ today.

Mohamed Ramadan was arrested, by plainclothes security officers on 10 December 2018, after attending proceedings concerning the renewal of a detention order against one of his clients. The client, Ayman Mahmoud, himself had been evidently detained for political reasons, and charged with joining and promoting an “illegal group” and “spreading false news on Facebook and Twitter to harm State interests.”

Following his arrest, Mohamed Ramadan was detained overnight in the National Security Agency Office. Ramadan’s family and lawyers did not know of his whereabouts until he was brought before the Alexandria Prosecutor on 11 December 2018.

According to information available to the ICJ, the Prosecutor charged Ramadan with joining a terrorist group, promoting its ideology including through social media and possession of publications supporting the group’s purpose (Case No. 16576/2018 Montaza), and ordered that he be detained for 15 days.

The charges appear to be to intended to prevent Ramadan’s exercise of freedom of expression and work as a lawyer. One of the lawyers who attended Ramadan’s interrogation on 11 December 2018 informed the ICJ that Ramadan had been informed by the Prosecutor to stop representing political detainees.

“The Egyptian authorities have engaged in a pattern of arresting, detaining and charging lawyers, human rights defenders and others perceived as opponents on unsubstantiated or illegitimate charges and in violation of their rights, typically under the pretext of fighting its ‘war on terrorism’,” said Saïd Benarbia, ICJ MENA Director. “The authorities should stop using laws that are purportedly designed to counter terrorism to silence persons exercising their human rights and lawyers carrying out their proper professional functions.”

According to lawyers who attended Mohamed Ramadan’s interrogation on 11 December, the Prosecutor alleged Ramadan possessed flyers opposing Egyptian President Sisi and multiple yellow vests. A credible news source reported that, prior to his arrest, Ramadan had posted a photograph on Facebook in which he wore a yellow vest to mock the government’s restriction on the sale of them.

According to media reports, earlier this month Egyptian authorities restricted the sale of yellow vests until the end of January 2019, in fear that opponents might be influenced by the French gilet jaunes protests to hold similar protests during the anniversary of the 2011 uprising against Hosni Mubarak next month.

Mohamed Ramadan is one of a number of lawyers who have been targeted in connection with carrying out their professional functions or for being perceived as opposing the Egyptian authorities.

“Imprisoning human rights lawyers, charging them for posting comments online, and deterring them from defending clients hampers the independent role they should play as a lawyer and as a last line of defence against the authorities’ abuses,” said Said Benarbia. “Egypt must protect these lawyers and safeguard their security, not muzzle their voices through abusive criminal proceedings.”

Background

In April 2017, the Alexandria Criminal Court convicted Ramadan in absentia of inciting terrorism, and sentenced him to ten years’ imprisonment followed by five years’ house arrest and a five year ban on using the internet, for posting comments attributed to him on fake Facebook profiles which were critical of the Egyptian President. His retrial is suspended until the Supreme Constitutional Court decides on the constitutionality of the Counter-Terrorism Law.

Any person arrested has the right to inform, or have the authorities notify, someone that they have been arrested and where they are being held. Detainees must be given access to a lawyer, a doctor and their family, from the time they are taken into custody, including police custody.” Restrictions on communicating with a laywer during detention also undermines the rights to liberty and to a fair trial, including under articles 9 and 14 of the International Convention on Civil and Political Rights (ICCPR), to which Egypt is a party.

Articles 19, 22 and 25 of the ICCPR protect the rights to freedom of expression, to freedom of association and to participate in public affairs. The United Nations Declaration on Human Rights Defenders commits States to generally protecting such rights exercised by HRDs and requires states to protect HRDs from violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action for the lawful exercise of such rights.

Paragraphs 16 and 18 of the UN Basic Principles on the role of Lawyers require states to ensure lawyers are able to perform of their professional functions without intimidation, hindrance, harassment or improper interference, are not prosecuted or threatened with prosecution for any action taken in accordance with recognized professional duties, standards and ethics, and can exercise freedom of expression.

The ICJ has previously expressed concern over the arbitrary arrests and enforced disappearance of human rights defenders, lawyers, and political activists and persons otherwise providing support to political detainees.

In June 2018, the ICJ also expressed its concerns about Egypt’s repeated renewals of the State of Emergency since April 2017, and the use of the state of emergency to suppress the activities of and persecute students, human rights defenders, political activists, union members and those suspected of opposing the government.

Egypt-MohRamadan-News-web stories-2018-ARA (full story in Arabic, PDF)

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