FBE HUMAN RIGHTS COMMISSION – Situation of Lawyers in the Philippines

UIA (Internationa Association of Lawyers) has been following the situation of lawyers in the Philippines for a few years.

Lawyers have been indeed the target of increasing attacks and are facing an oppressive working environment. At least 42 lawyers and prosecutors have been killed between July 2016 and September 5, 2019 including 24 practicing lawyers. Lawyers are also harassed and intimidated: they are subjected to (death) threats, surveillance, labelling, and other forms of attacks. Many of the lawyers have been “red-tagged” over allegations they support communist rebel groups.

Most of these attacks against lawyers took place as a result of discharging professional duties or are seemingly work-related. Especially at risk are lawyers representing people accused of terrorist or drug-related crimes, or those who are critical of the government’s policies or behaviour, such as journalists, political opposition leaders, and human rights defenders.

On March 14-18, 2019, an international delegation of lawyers representing various lawyers’ groups, including UIA, reported from Manilla after a fact-finding mission about the alarming situation on the Philippines.

Dutch Organization Lawyers for Lawyers initiated the statement signed for more than 150 bars, organizations and individual lawyers.

 UIA, Lawyers for Lawyers and more than 150 bar associations, international and national lawyer’s organizations, and legal professionals from 49 countries around the world called on the Government of the Philippines to take all necessary measures to stop the attacks against and extrajudicial killings of lawyers and to end the culture of impunity in which these attacks occur.

The above report was made in cooperation with our Friend Ms Romina BOSSA ABIVEN Human Rights and Legal Profession Project Assistant, Paris/France.

FBE HUMAN RIGHTS COMMISSION – TRIAL OBSERVATION PROJECT TURKEY

The FBE Human Rights Commission, not indifferent to the situation observed in Turkey over the years, began the Turkey Trial Observation Project over two years ago.

The FBE has expressed its support for the rule of law and freedom of speech in Turkey for many years. Over the past 10 years, six resolutions have been adopted in support of respect for human rights in Turkey in the widest sense of the area. FBE members regularly support all initiatives to protect human rights in Turkey by participating as observers our colleagues’ lawyers and journalists trials in Turkey.

The FBE Human Rights Commission has also actively joined these activities not only by participating in the trials as the observers, but also by conducting various discussions with other lawyers, officials, taking part in bilateral meetings, petitioning various types of petitions, supporting resolutions or appearing as a speaker at congresses in Turkey (“Dark Side of the Moon”/September 2018).

 “In July 2019 lawyers from France, Greece, Spain, Italy, Belgium, Switzerland, Germany and the Netherlands (Peter Hanenberg/Nardy Desloover) observed several hearings in Istanbul (Turkey).                  All cases were criminal cases against lawyers who are accused of terrorist related activities. In the three particular cases, the lawyers involved all share the same line of defence: they were representing and defending clients and – therewith – were doing nothing else than fulfilling their duty as a defence lawyer.

Since (roughly) 2011 there have been numerous cases against professionals who have allegedly acted in favour of terrorists or criticasters of the Turkish regime. Amongst them lawyers, but also journalists, academics, judges, union leaders et cetera.  Lawyers have to face the governmental starting point: If you help or assist someone who is critical or even a (supposed) terrorist, you yourself are acting as a terrorist. Thereby the Havana Rules (f.i. article 18: Lawyers shall not be identified with their clients or their clients’ causes…) are trampled or – more mildly worded – ignored.

Many lawyers have been (or still are) detained in pre-trial custody for many years (up to 5 years!). Recently, in March 2019, lawyers were convicted to long time prison sentences (up to 19 years!). Evidence often looks thin and stories about manipulation of proof are persistent. Exercising one’s legal profession is a hazardous activity.

Especially because the eminent function of the legal profession is at stake, it is of great importance to monitor hearings against lawyers. It is important to show solidarity with the lawyers involved and to hammer continuously on the importance of the (independent) legal profession and its essential role in the rule of law.

Therefore, trial observation is only a part (though important) of the unfolded activities. Discussions are frequent with the local and national Bar associations, as well as with representatives of all kind of law firms. Impartiality – not regarding the rule of law, but – in the cases pending is important. Though all foreign lawyers sympathise with the accused, we don’t express prepossession. We do not interfere in the question whether a persecuted lawyer is guilty or not guilty, but we do express and emphasize that identification of a lawyer with his or her client is a gross negation of the Basic Principles as laid down in the Havana Rules. Drawing attention to those principles can never be excessive.”

The above report was made in cooperation with our Friend Mr Nardy Desloover (lawyer  in Rotterdam/the Netherlands) who works tightly with us.

 

La FBE soutient les avocats tunisiens

A l’invitation de l’ordre national des avocats, les avocats tunisiens organisent le 27 septembre 2019 une journée de colère sur l’ensemble du territoire devant les juridictions du pays.

Ce mouvement est mené en protestation contre les déclarations du président de l’Association des Magistrats Tunisiens, qui accuse les avocats du collectif de défense des martyrs, Bélaïd et Brahmi d’avoir envahi de force le bureau du procureur de la République et saccagé son contenu. Le bâtonnier de l’ordre des avocats, Brahim Bouderbala, a fermement contesté ces accusations en déclarant qu’ un groupe de magistrats entend engager un bras de fer avec les avocats.

La FBE entend apporter tout son soutien au barreau tunisien, membre observateur de la FBE et appelle à un dialogue constructif entre avocats et magistrats.

La Fédération des barreaux d’Europe (FBE) soutient les avocats français qui manifestent contre la réforme des retraites

La Fédération des barreaux d’Europe (FBE), qui réunit 250 barreaux représentant 1 million d’avocats apporte son soutien aux barreaux et aux Confrères français qui manifesteront le lundi 16 septembre, à Paris, à l’appel du Conseil National des Barreaux contre le projet de réforme des retraites.

“Toute fragilisation de la retraite des avocats menace l’accès au droit”, s’inquiète Silvia GIMENEZ SALINAS, Présidente de la FBE.

Les avocats de France refusent les propositions du rapport présenté au gouvernement qui prévoit un doublement de leurs cotisations, une stagnation voire une régression de leurs pensions et la fusion de leur régime autonome de retraite dans un régime universel par points.

“Quelle profession peut encaisser un doublement de ses cotisations sociales?” dénonce Dominique ATTIAS, vice-présidente de la FBE et ancienne vice-bâtonnière de Paris. “ Ce qui est en jeu, c’est l’avenir de notre profession. Et avec elle, l’avenir de la justice et du droit.”

La Fédération des barreaux d’Europe sera représentée dans le cortège la manifestation qui partira lundi 16 septembre à 14h00 de la place de l’Opéra , à Paris, pour rejoindre la place de la Nation.

Contact:
Jordi Crisol. FBE Press Manager
jcrisol@thinkoclock.eu
(+34) 626 049 638

FBE II International Human Rights Oratory Competition for young lawyers and law students – Berlin, 13-14 September 2019

We had passion, we had logic, we had statute and precedent, and we had ancient history and philosophy from Greece and Rome. The Young Lawyers Human Rights Oratory Competition of the FBE demonstrated how strong the commitment of young Europeans is to human rights.

The competition was held in the Hans Litten House, the offices of the Rechtsanwaltkammer (RAK). Nezih Ulkekul of the RAK gave a warm and well received welcome, and thanks were given to the representatives of the RAK from the President of the Human Rights commission, Artur Wierzbicki.

The 18 candidates from 12 bar associations presented legal argument in English to a panel of 5 judges. President of the FBE Human Rights Commission, Artur Wierzbicki presided over the panel as President, and Monique Stengel, from Paris and FBE Treasurer represented the Presidency of the FBE, Marc Wesser, Vice President of the Commission and member of the Berlin Bar, Bedia Ayşegül Tansen of the Istanbul Bar and Professor Sara Chandler QC (Hon) Past President of the FBE, joined Mr Wierzbicki on the panel.

The topic for the competition was “Freedom of Speech”. The 18 semi-finalists presented well prepared speeches which were varied in their approach to the legal argument as well in their oratory style. It was a hard task for the panel to choose four to be the finalists on Day Two. The topic for day two “The criminalisation of those who facilitate the travel of refugees is against human rights” was treated in debate style, with two for and two against.  In each team one candidate presented and the second speaker rebutted. The candidates had only 2 hours to research and prepare their debate speeches. The judges put a question to all of them to test their spontaneous responses, and heard from the four candidates what each would do to draft legislation in respect of human trafficking.

 

The result was:

1st: Fatima Oraibi from Antwerp;

2nd: Sophie Lucas from Westminster & Holborn;

3rd: Ronald Elek, from Cluj;

4th: Julide Hancer from Istanbul.

 

Fatima Oraibi will attend the FBE Congress in Lisbon 24 -26 October to attend the Human Rights Commission and receive her prize and recognition from the General Assembly. She will receive a further Award from the Krakow Bar in April in memory of Mr MarianAnczyk, of the Krakow Bar and last President of the Grandes Barreaux d’ Europe, and co-founder with Mr Eugenio Guy Montalvo of the FBE, Mr Eugenio Guy, former Dean of the Barcelona Bar was the first President of the FBE in 1992.

 

The other semi-finalists were:

Natalia Wachowiak from Poznan; Agnieszka Całka from Warsaw; Bérénice Dago-Pavlopoulos from Lyon; Trinidad Alonso from Madrid; Simranjit Digpal from South London Law Society; Andrea Lazzaron from Milan; Oriana Maria Elajalde Martins from Bilbao; Benjamin Pass from Westminster & Holborn; Paola Chamorros Cuenca from Madrid; Pawel Matyja from Katowice; Zuzanna Morawska-Zakroczymka from Warsaw; Cristina Prunea Anda from Cluj; Shira Notrika from South London Law Society; Martyna Kasperska from Warsaw.

 

All participants were GREAT !

 

The FBE  IIIrd Human Rights Oratory Competition for young lawyers and law students in 2020 is planned in Bilbao/Spain.

 

EVERYONE IS WELCOME !