The European Bars Federation and the Ordre National des Avocats de Tunisie in their meeting of the the Mediterranean Assises, held in Hammamet on 29-30 March 2019,
Have unanimously adopted the following resolution
The European Bars Federation and the Ordre National des Avocats de Tunis want to:
• Express their maximum solidarity with the lawyer Nasrín Sotoudeh,
winner of the Sakharov Prize for Freedom of Conscience of the European Parliament in 2012, who has assumed the defence of notorious personalities such as the Nobel Prize of Peace 2013 Shirín Ebadí or of the opponents arrested during the protests of the Green Movement of 2009.
• Recognise the work of people or institutions that have stood out for their merits or relevant services in favour of the rule of law and human rights protection.
• Express their deep concern about the situation of human rights defenders and lawyers in Iran, who are frequently subjected to arbitrary detention and other forms of harassment, as well as the growing social exclusion of the Iranian Bar Association, to the detriment of legal assistance and a fair trial.
• Urge to all States to comply with the Basic Principles on the Role of Lawyers, adopted at the Eight United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Havana (Cuba) on August/September 1990, asking for an effective protection for all lawyers, permitting them to continue with their legitimate and peaceful activities
in defence of human rights without fear of intimidation, harassment, reprisals and the loss of their own lives.
• Express their firm commitment to support all those initiatives promoted in any country in the world for the protection and safeguarding of the exercise of the right of defence that corresponds to lawyers in a State governed by the rule of law, guarantee of the rights and freedom of citizens.
The General Assembly of the European Bars Federation (FBE) in Warsaw September 22, 2018, which represents 250 member Bars of Europe and their one million member lawyers, expressed its grave concerns for the present situation of women in the World.
The European Bars Federation recalls the Universal Declaration of the Rights of Humankind what comprises four principles, six rights and six obligations reaffirming the right of all human beings of the earth to live in a world in which the future is not compromised by the lack of responsibility for the present,
Recognising the commitment of lawyers due to their privileged place in society together with their contribution to human and social rights, which represent the core of the lawyer’s mission we appreciate in particular the commitment and hard work of all women-lawyers in this field, in particular the actions and activity of our colleague SAMAR BADAWI, who is fighting effectively for the rights of women in Saudi Arabia.
The General Assembly of the European Bars Federation (FBE) in Warsaw September 22, 2018, which represents 250 member Bars of Europe and their one million member lawyers, expressed its grave concerns for the present situation of judges, prosecutors, lawyers and journalists in Turkey.
In accordance with the FBE previous and constant position we definitely call upon an end to arbitrary arrest, detention, and prosecution of judges, lawyers and journalists.
We again call for an end to the use of torture and ill treatment by state officials and the investigation of such crimes.
We demand the full protection of independence of the legal and journalism professions in Turkey, and the respect for human rights of judges, lawyers and journalists and we give our full support to our colleagues in Turkey.
The General Assembly of the European Bars Federation (FBE) in Warsaw September 22, 2018, which represents 250 member Bars of Europe and their one million member lawyers, expressed its grave concerns for the present situation of judges and lawyers in Poland.
Unfortunately FBE still recognises progressive erosion of the independence of Judges, prosecutors, lawyers and the administration of justice because of the widely understood intervention of the government in the appointment and dismissal of Judges, failure to respect the decisions of the Courts and interference in the prosecution service.
FBE also expresses its concern about the changes introduced in the Polish Supreme Court and the disciplinary and explanatory proceedings initiated against individual judges.
On September 22nd, 2018, the FBE’s General Assembly, representing about 250 member Bars together with their one million member lawyers, expressed its deep concern about the attacks on the life and integrity of Serbian lawyers and their families over the past three years, which resulted in the death of two lawyers, Dragoslav Ognjanovic and Vladimir Zrelec and Nemanja Stojanović.
We draw attention to the fact that any attack on a lawyer in connection with the practice of a lawyer is an attack on the act of justice itself.
We appeal to all Serbian Authorities to identify and judge as soon as possible the perpetrators of the murder and to take concrete steps to provide security and protection to Serbian lawyers in order to prevent such criminal activity in the future.
On September 22nd, 2018, the FBE’s General Assembly, representing 250 member bars together with its one million member lawyers, expressed its deep concern about the continued violation of the rule of law by the ruling party through legislative initiatives that cut down the fight against corruption and make judges and prosecutors vulnerable to political interference, as well as through the procedures of changing the National Anticorruption Directorate Chief Prosecutor, the Prosecutor General and the leadership of the Judicial Inspection for political purposes.
We call on the Romanian Government immediately to stop all these measures and to continue its efforts against corruption through legislation against corruption that does not favour political people and through procedures for selecting the leadership of judges that observe their independence and the overall judicial system.
On September 22nd, 2018, the FBE’s General Assembly, representing 250 member bars together with its one million member lawyers, expressed its deep concern about the violation of the right of free speech of Romanian citizens, travelling for the most part from the diaspora to Bucharest, on August 10th, 2018, to protest against corruption, when the Romanian law enforcement, under the pretext of restoring order, used excessive force against peaceful demonstrators with a view of intimidating and dispersing them.
We call upon the authorities of the Romanian State to identify and punish all abuses of the law enforcement and to take immediate measures to observe the right to free expression in Romania and not to use force to repress this right.
The General Assembly of the European Bars Federation (FBE), which represents 250 member Bars of Europe and their one million member lawyers, gathered in Warsaw on the 22nd of September 2018 and considered the resolutions proposed by the different commissions of the FBE warning about the current situation on:
- the violations of the rule of law in a number of countries of the Council of Europe;
- the attack against the independence of the judicial system;
- the violations of the right of defence;
to create a working group with the aim of fighting strongly these violations before the National and International Institutions and Authorities.
On September 22nd, 2018, the FBE’s General Assembly, representing 250 member Bars together with its one million member lawyers,
Considering the need for the EU to act in the face of Hungarian government actions that pose a risk to the values of the Union, namely the independence of the judiciary, the functioning of the constitutional and electoral systems, the freedom of expression, corruption, minority rights, the situation of migrants and refugees and freedom of worship;
Considering the action of the European Parliament, which decided on 12nd September 2018, to initiate the Article 7 procedure for serious threat to the rule of law, democracy and fundamental rights in a Member State;
The FBE approves and supports the initiative of the European Parliament to preserve the independence of the judiciary, democracy and human rights in all Member States and calls on the Hungarian authorities to put an immediate end to serious and repeated attack to the rule of law.
The General Assembly of the European Bars Federation (FBE) in Bologna 19 May 2018, which represents 250 member Bars of Europe and their 1 million member lawyers, expressed its grave concerns for the situation in Bulgaria in relation to the lack of recognition of any same-sex unions and the need to provide a high standard of protection against all forms of violence and discrimination against women.
In accordance with the FBE constant position and responsibility for protection of human rights of every single individual, any violation of the right to respect for private and family life is breaking the rules of Article 8 of the European Convention on Human Rights.
FBE reminds that the ECtHR has established a positive obligation upon member states of Council of Europe to ensure a specific legal framework providing for the recognition and protection of same-sex unions.
Furthermore all forms of violence and discrimination against women have to be prevented, prosecuted and eliminated as it is foreseen by the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, signed in Istanbul in 2011 (Istanbul Convention).
REQUEST the Bulgarian authorities to establish a legal framework providing the recognition and the protection of same-sex unions.
SUPPORT the statement of the Supreme Bar Council of Bulgaria about the need of ratification of the Istanbul Convention.
REQUEST the Bulgarian authorities to ratify the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, signed in Istanbul in 2011 (Istanbul Convention).