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European Association of Lawyers for Democracy and Human Rights new website:
Our friends at ELDH, a European federation concerned with peace, racism, social exclusion and equality, have just launched their new website: www.eldh.eu.
Latest edition of Socialist Lawyer: No 55
Socialist Lawyer No 55 asks why no justice in Gaza? Haldane President Mike Mansfield QC reports on the deliberations of the Russell Tribunal on Palestine and its call for universal jurisdiction to be applied. Marina Sergides explains the concept andwhy members of Israel's government can face prosecution in Britain for war crimes.
Socialist Lawyer also interviews our new Vice-President, John Hendy QC, who believes that calling himself a left-wing barrister is an "absurdity". And Haldane Vice-Chair Anna Morris explains the legal arguments that led to a jury acquitting Claire Finch of brothel-keeping, in a victory for the health and safetyof sex workers.
Photographs from "Law Versus the Trade Unions?" talk with Lord Wedderburn QC, Jim Mortimer and John Hendy QC.
Tuesday 8th June 2010: 'Gaza - Flotilla Interception: Legal Issues and Remedies'
Lawyers for Palestinian Human Rights and the Haldane Society of Socialist Lawyers presents:
Speakers: Professor Iain Scobbie, Professor of Public International Law at the School of Oriental and African Studies,University of London, and Dr Douglas Guilfoyle, Lecturer in Law at University College London with a specialism in international law of the sea.
Chair: Katherine Craig, Christian Khan Solicitors
6pm – 7.30 pm Garden Court Chambers, 57 - 60 Lincoln's Inn Fields, London WC2A 3LJ.
For more information please contact: Sophie Naftalin sophienaftalin@hotmail.com or Kat Craig katherinec@christiankhan.co.uk
Protest against Israeli military attack on Gaza aid flotilla
Haldane Society of Socialist Lawyers demand legal and political consequences
The Haldane Society of Socialist Lawyers, together with the European Association of Lawyers for Democracy and World Human Rights (ELDH) and the European Democratic Lawyers (EDL) denounce in the strongest terms the military attack by Israeli military forces on the Gaza aid flotilla in international waters, and the killing of at least 10 peaceful demonstrators. See BBC World News “Deaths as Israeli forces storm Gaza aid ship” at http://news.bbc.co.uk/1/hi/world/middle_east/10195838.stm
Instead of acknowledging its responsibility for the crimes committed during the military attack on Gaza one and a half year ago – which have been documented in the UN “Goldstone Report” – and stopping its unlawful siege of Gaza, Israel is adding new crimes to its long record of unlawful actions.
The Gaza aid flotilla, originally comprising 8 ships carrying thousands of tons of construction materials, medical equipment and other aid, intended to sail to Gaza in order to deliver its humanitarian aid, and in order to break symbolically the unlawful blockade of Israel imposed on Gaza. Among the estimated 700 peace activists on board were the 1976 Nobel Peace Prize Laureate Mairead Corrigan Maguire of Northern Ireland, an elderly Holocaust survivor, and European legislators. One participant was Professor Norman Paech (German MP for the Left Party up to 2009), who is also a member of the German lawyers association VDJ, a member association of ELDH.
The Haldane Society demands that the United Nations and the European Union take all necessary political and legal steps to demonstrate to Israel that they are not prepared to accept such humanitarian atrocities and violations of international law.
In particular the Haldane Society demands:
* Immediate release of the peace activists, the crew and the ships
* Immediate transfer of all humanitarian aid materials and equipment to Gaza
* An international investigation of the crimes committed during and after the military attack on the Gaza aid flotilla
* Prosecution of the responsible Israeli soldiers and politicians
* An end to the unlawful blockade of Gaza by Israel
* Acknowledgement by Israel of the crimes committed during the military attack against Gaza in 2009
Liz Davies Chair Haldane Society of Socialist Lawyers
The European Lawyers Association for Democracy and Human Rights protest against Israeli military attack on aid flottilla is here: http://www.eldh.eu/Protest%20against%20Israeli%20military%20attack%20of%20Gaza%20aid%20flotilla.pdf
The International Association of Democratic Lawyers call for an international investigation into Israeli murder of human rights workers is here: http://www.iadllaw.org/en/node/436
Arrest of Peter Erlinder in Rwanda:
The Haldane Society of Socialist Lawyers condemns the arrest of Peter Erlinder by Rwandan authorities and demands his immediate release. Professor Erlinder, a faculty member at William Mitchell College of Law in the United States and president of ADAD, the International Criminal Tribunal for Rwanda (ICTR) Defense Lawyers Association, was arrested by the government of Paul Kagame, Rwanda’s president. He is charged with violation of Rwanda’s so-called “"Law Relating to the Punishment of the Crime of Genocide Ideology," apparently because, in the course of his representation of clients before the ICTR, he has challenged the accepted story of the Rwandan Genocide. He has also been a critic of Kagame and filed suit against him in the United States, alleging he triggered the genocide by ordering the assassinations of Juvenal Habyarimana, president of Rwanda, and Cyprien Ntaryamira, president of Burundi, whose plane was shot out of the sky in 1994.
It is evident that Erlinder’s arrest was politically motivated and seeks to punish him for fulfilling his responsibilities as a lawyer, to be a vigorous and conscientious advocate for his clients. The appropriate venues to test the truth of Erlinder’s claims are the courts in which he is litigating and the pre-emptive strike against that by the Rwandan government can only lend credence to those claims. The Rwandan government and President Kagame should not fear fair and public trials. Erlinder’s advocacy is in the finest tradition of the legal profession and every individual and government committed to the rule of law, especially including the government of Rwanda and President Kagame, should applaud his dedication to his clients’ causes.
We call on the British government, the United Nations, non-governmental organisations and individuals around the world to prevail upon Rwanda to release Erlinder immediately.
"Haldane wins out at Legal Aid Lawyer of the Year Awards 2010":
Haldane Society activists were honoured on Wednesday 26 May for their commitment to legal aid. At the Legal Aid Lawyer of the Year awards, organised by the Legal Aid Practitioners Group (LAPG), Kat Craig (Haldane Vice-Chair) won Young Legal Aid Solicitor of the Year, Adam Straw (former Haldane executive member) won Young Legal Aid Barrister of the Year and Haldane President Mike Mansfield QC was given an award for Outstanding Achievement amongst legal aid lawyers.
In their acceptance speeches, Kat reminded the audience that lawyers in Colombia have been murdered for their commitment to human rights and Adam stressed the importance of lawyers campaigning and lobbying as well as litigating. Mike Mansfield called for vigorous action to defend legal aid services from public spending cuts.
Haldane Chair Liz Davies said: "Each of these Haldane activists does outstanding legally aided work and they have made a difference to the lives of their clients. We're proud that their talent and commitment has been recognised by the profession. The government needs to realise that there will only be similarly talented and dedicated lawyers in the future if the legal aid system - already cut to shreds - is protected from public spending cuts. Without legal aid, it will be impossible for ordinary people to engage lawyers to help defend their rights."
HALDANE SOCIETY VICE-CHAIR KAT CRAIG SHORTLISTED FOR " YOUNG LEGAL AID LAWYER OF THE YEAR"
Kat Craig, solicitor at Christian Khan solicitors and Vice-Chair of the Haldane Society, is on a shortlist of three for the prestigious award of "Young Legal Aid Lawyer of the Year", organised by the Legal Aid Practitioners' Group. Legal aid lawyers are the unsung heroes of the legal profession and act for some of the poorest and most socially disadvantaged people in society.
Kat works on public and private law challenges to the police and the Home Office and other detaining authorities. She also represents the families of those who died in police and prison custody during the respective investigations by the police or Prison and Probation Ombudsman and at the Inquest.
Haldane Chair Liz Davies said: "The Haldane Society was proud to support Kat's nomination for Young Legal Aid Lawyer of the Year. Kat combines political activity with an extremely demanding publicly funded case-load. She's active in campaigns to defend legal aid, and to support human rights defenders in Colombia and elsewhere. We can't think of a better person to be Young Legal Aid Lawyer of the Year and thank LAPG for shortlisting her."
Further information at www.lapg.co.uk
Thursday 27th May 2010: "The Law Versus the Trade Unions? Reflections on the Past and Strategies for the Future".
Haldane Society of Socialist Lawyers and Institute for Employment Rights invite you to Lord Wedderburn QC and Jim Mortimer (former Labour PartyGeneral Secretary) in converstion with John Hendy QC.
The speakers will reflect on the trade unions' relationship with the law and legal strategies, including thoughts on the 1984 – 1985 miners' strike, legal assaults on the right to strike and other forms of collective action along with the growing emphasis on individual redress through employment tribunals. In the present context of a severe economic crisis and increased attacks on workers, this meeting aims to equip a new generation with lessons learnt on how to both use and confront the law in the struggles ahead.
Thursday 27th May 2010, 6.30pm - 8.30pm at Invision Suites 1 and 2, TUC, Congress House, Great Russell Street, London WC1B 3LS, nearest tube Tottenham Court Road.
Admission free (£10 to legal practitioners requiring CPD points).
John Hendy QC is a leading QC in the areas of employment law, health and safety, public inquiries and personal injuries. He has represented the National Union of Mineworkers on numerous occasions, appeared in the inquiries into the Southall and Ladbroke Grove train crashes on behalf of the victims, and led the ground-breaking test case litigation establishing liability for "vibration white finger" on behalf of British Coal mineworkers. He is currently acting for Unite in the British Airways litigation. He is a Vice-President of the Haldane Society.
Jim Mortimer was General Secretary of the Labour Party between 1982 and 1987. He played a notable role in the miners' strike of 1984 – 1985, throwing himself into support for the miners and being given honorary membership of the NUM in recognition of his efforts. Prior to becoming General Secretary, he had been a national official of the Association of Engineering and Shipbuilding Draughtsmen, later to become part of the Manufacturing, Science and Finance Union (MSF) and now contained within Unite. He was a trade union member of the National Board for Prices and Incomes between 1968 and 1971, and was the first Chairman of ACAS.
Lord Wedderburn of Charlton QC is a distinguished employment lawyer and legal academic and was Professor of Commercial Law at the LSE 1964 - 92. His books range from The Worker and the Law (first published 1965) to Employment Rights in Britain and Europe (1992), and Labour Law and Freedom (1997). In 1998, European Community Law: Principles and Perspectives, containing essays by an international group of writers, was published in his honour. He is a Labour member of the House of Lords and a Vice-President of the Haldane Society.
With the kind sponsorship of Garden Court Chambers, O H Parsons & Partners, Old Square Chambers, Pattinson & Brewer, Thompsons solicitors and Tooks Court Chambers.
Download poster for the event here.
Latest edition of Socialist
Lawyer: No 54
Socialist Lawyer No 54 is on the theme of climate change and environmental struggle. The articles excerpted on the web are an analysis of the failure of the Copenhagen summit, by Polly Higgins, barrister, and Richard Harvey on “climate change in the courtroom”.
Other articles, available in the magazine and not yet on the website, include James Thornton on the threat of legal costs deterring environmental litigation, a discussion of the Sierra Leone War Crimes Tribunal and analysis by Professor Keith Ewing of the BA-Unite litigation.
Haldane Society Statement: Concern at sentence for Abdullah Ocalan's lawyers
The Haldane Society notes with serious concern that the lawyers, Irfan Dündar and Firat Aydinkaya, who act on behalf of imprisoned Kurdish leader Abdullah Ocalan, have been sentenced in Istanbul for "spreading propaganda for a terror organisation".
The Istanbul 10th High Criminal Court gave both lawyers prison sentences of ten months each (which was suspended for five years because of "good conduct and no previous criminal record"). At the same time the same court acquitted former Democratic Society Party (DTP) MP Aysel Tugluk of similar charges.
Ocalan's lawyers were sentenced because of the appearance of a newspaper article entitled "A chance for Öcalan" published in Özgür Gündem on 29 and 30 April 2009. The court stated that the article included phrases made by Dündar and Aydinkakya such as "The lawyers conveyed Öcalan's opinion on the developments within KONGRA-GEL (PKK)", "He is experiencing the pain of change" and "Öcalan's opinions are important for an enduring peace".
Informed by the findings of a number of its members who participated in an International Delegation to Turkey in February 2008, the Haldane Society firmly believes that the sentence reflects the intolerable conditions under which lawyers acting for the Kurdish leader have been subject since his apprehension in 1999 and the subsequent trial.
Unfortunately, it is nothing new for not only have they been subjected to various forms of harassment and intimidation while performing their normal professional duties and seeking to represent their client, they have been treated as terror suspects themselves.
The fact is that Turkish law as presently constituted permits such charges to be routinely brought against lawyers simply for putting across the case of their client.
The Haldane Society considers that this situation is utterly unacceptable and will continue to publicise the cases of, and express solidarity with, those lawyers seeking to perform their professional duties in the most difficult of circumstances.
Haldane Society of Socialist Lawyers press release 1st February 2010
The Haldane Society of Socialist Lawyers is deeply concerned at reports (The Guardian, 1st Feb 2010) that a 15-year-old girl, a Turkish Kurd, named Berivan, has been jailed in Turkey for nearly eight years after being convicted of "terrorist" offences. She was arrested at a demonstration in the south-eastern city of Batman in October 2009. The 13-and-a-half-year sentence originally imposed on her was later reduced on appeal to seven years and nine months because of her age. She was found guilty of "crimes on behalf of an illegal organisation" after prosecutors alleged she had hurled stones and shouted slogans. She was also convicted of attending "meetings and demonstrations in opposition to the law" and "spreading propaganda for an illegal organisation". There are substantial concerns as to the fairness of her trial and conviction.
The Society understands that under counter-terrorism legislation introduced in 2006, Turkey has been trying juveniles as adults, and jailing them for up to 50 years. Recent official figures have revealed that there are currently 2,622 minors in Turkish prisons. According to the Diyarbakir Human Rights Association, some 737 minors have been charged under the counter-terrorism legislation since its introduction. Out of 267 tried in Diyarbakir last year, 78 were given extended jail terms.
According to the European Court of Human Rights, between 1959 and 2009 Turkey was the worst violator of the European Convention on Human Rights, with almost 19% of all violations, and 2,295 judgements issued against it. Turkey also had the highest proportion of violations in 2009, with 347 out of 1,625 negative rulings. The right most commonly violated was the right to a fair trial. Turkey was also condemned in 30 cases of inhumane or degrading treatment.
Turkey ratified the UN’s Convention on the Rights of the Child (CRC) on 4 April 1995. Berivan is a “child”, whose rights are protected by this Convention. Article 37 (c) of the CRC provides that
“(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;”
The Society considers that an 8 year sentence on conviction for the crimes reported is grossly disproportionate, and appears to be a violation of Turkey’s treaty obligations under the CRC.
STATEMENT IN SUPPORT OF CLIMATE DEFENDERS BY HALDANE SOCIETY OF SOCIALIST LAWYERS
16th December 2009
As practising lawyers committed to the promotion and protection of human rights, we are deeply disturbed at reports of excessive use of force and arbitrary mass arrests of climate activists by police during the course of the peaceful climate demonstration in Copenhagen on Saturday 12 December.
Both the European Convention on Human Rights and the International Covenant on Civil and Political Rights guarantee the right to freedom of assembly, freedom of expression and the rights to receive and impart information. We urge the Danish Government to uphold those rights and to support the just demands of civil society for climate justice.
We refer to the article by Dirk Voorhoof below.
"Copenhagen police actions in total disrespect of fundamental human rights"
15-12-2009 15:51:08
I'm a law professor from Belgium, teaching at Copenhagen University, Law Faculty. This semester I've introduced the European standards and values on freedom of expression, democracy and human rights to visiting students. In class we have highlighted the standards in Scandinavian countries on these matters. Denmark is a good example on how freedom of expression is guaranteed according to human rights' principles. The last days in Copenhagen I have, beside my work at university, participated in some events related to the Climate Conference. I'm impressed by the commitment of the whole Danish Society in the actual climate policy debate.
The events of Saturday 12 December 2009, and more precisely the absolute unacceptable way the Danish police treated and arrested nearly 1000 demonstrators during the Climate demonstration, have shocked me. I have seen a lot of people being inhumanly treated by the police, being kept for hours pushed on the ground in the middle of the streets on a cold winter evening. It was obvious that hundreds of them had done nothing wrong, except from just being there, participating in the demonstration.
It is necessary and appreciated that the police isolates and arrests violent activists, but the intervention by the police forces at Amagerbrogade and the arrest of hundreds of innocent demonstrators was out of proportion. The police action was in total disrespect of the principles in the European Convention of Human Rights.
How can Denmark be an example to the rest of the world when so many people participating in a peaceful demonstration coming up for a sustainable development of the planet are inhumanly treated and arrested as criminals by the police forces?
Tomorrow I will leave Denmark for a while, hoping that when I come back around Christmas the Danish political authorities explicitly have condemned the police actions during the Climate demonstration of Saturday 12 December, unworthy for a democracy.
If the Danish authorities take no clear action against the police interventions of last Saturday, Denmark will undoubtedly loose credibility in the international human rights' community. A society that leaves a too big gap between the theory and practice of human rights cannot uphold the perception of being truly committed to these values and principles.
Author: Dirk VOORHOOF
Archive News and Events
Thursday 22nd April 2010: "Protecting the environment: legal challenges"
Speakers: Polly Higgins, Barrister, initiator of a Universal Declaration of Planetary Rights, founder of the Planet Earth Trust and the ‘Trees Have Rights Too’ campaign.
Debbie Tripley, Chief Executive of the Environmental Law Foundation, barrister, former Head of Legal at Greenpeace, previously a solicitor for 12 years.
6.30pm, College of Law, 14 Store Street, London WC1E 7DE.
Admission free. CPD points available to practitioners (£10 charge).
Thursday 18th March 2010: Clive Stafford-Smith, Director of Reprieve
6.30pm, College of Law, 14 Store Street, London WC1E 7DE.
Admission free. CPD points available to practitioners (£10 charge).
Download the poster for our "2010 Human Rights Lectures" here.
Wednesday 10th March 2010: "Binyam Mohammed and the application of commercial law principles to the human rights context"
Speakers: Jamie Beagant, solicitor at Leigh Day & Co and lawyer for Binyam Mohammed and speaker from the London Guatanamo Campaign
6.30pm, BPP Law School, 68-70 Red Lion Street, London WC1R 4NY, nearest tube Holborn.
Admission free. CPD points available to practitioners (£10 charge)
(Note change of venue)
Thursday 18th February 2010: "Holding multi-nationals to account through litigation"
Speaker: Peter Frankental, Amnesty International and Gordon Bennett, barrister, who acted for Kalahari Bushmen.
6.30pm, College of Law, 14 Store Street, London WC1E 7DE.
Admission free. CPD points available to practitioners (£10 charge).
Thursday 21st January 2010: 'Human Rights Act or a Bill of Rights'
Friday 11th December 2009: Christmas Party "Celebrating and defending human rights defenders globally"
Haldane Society with Justice for Colombia and Young Legal Aid Lawyers invite you to their Christmas party on the theme of: "Celebrating and defending human rights defenders globally".
6.30pm to late, Garden Court Chambers, 57 - 60 Lincoln's Inn Fields, London WC2A 3LJ. Admission £10 (£5 concessions including students and trainees).
Wine, food, music and some politics included in the ticket price.
Download the poster for our "Christmas Party" here.
Thursday 10th December 2009: 'Defending human rights defenders in Colombia and the Philippines'
6.30pm, Room S101, College of Law, 14 Store Street, London WC1E 7DE, nearest tube Goodge Street.
All welcome. Free entrance. CPD points available for practitioners (£10 charge).
Thursday 19th November 2009: "Memoirs of a Radical Lawyer" followed by Haldane Society AGM.
Haldane Society of Socialist Lawyers invites you to hear our President, Mike Mansfield QC, speak on his new book "Memoirs of a Radical Lawyer" followed by our Annual General Meeting.
"A fascinating insight into the mind of a man who has devoted his life to securing the liberty of others ...These memoirs benefit from a career spent at the heart of some of the most controversial criminal cases of the past four decades' -- New Statesman reviewing Memoirs of a Radical Lawyer.
"Interspersed with personal anecdotes and recollections, this insightful book is liberally laced with Michael's quirky brand of anarchic humour. Cases range from the Angry Brigade, the Bradford 12, the Birmingham Six, the Bloody Sunday Inquiry, Angela Cannings, Jill Dando, Ruth Ellis, Dodi Fayed, the 'Fertilizer' conspiracy, Iraqi hi-jackers, Stephen Lawrence, Fatmir Limaj (Leader of the Kosovan Liberation Army), the Marchioness Disaster, the Price sisters, the 'Ricin' trial, Risley prison riots, Tahira Tabassum, Judith Ward, Arthur Scargill and the miners to the Jean Charles de Menezes inquiry, and many more. Issues of public concern, human rights and innovative attempts to construct a democratic legal system are discussed in full, but Memoirs of a Radical Lawyer also unveils with honesty and wit a man who has put as much passion and energy into his life as his work, one of the great personalities of our time." - Publisher's description.
The talk will be on Thursday 19th November, 6.30pm and 8.00pm, at the College of Law, 14 Store Street, London WC1E 7DE, nearest tube Goodge Street. Admission free. CPD points available for practitioners (£10 fee).
The lecture will be followed by our Annual General Meeting at which members of the Haldane Society can vote on motions and elect a new executive for 2009 - 2010. Motions and expressions of interest in standing for the executive should be submitted to the chair (Liz Davies) by 6pm on Wednesday18th November at lizdavies@riseup.net.
Download the poster for our "2009-2010 Human Rights Lectures" here.
Thursday 22nd October 2009: 'Right to protest: police violence, kettling, cover-ups'
Speakers: Phillippa Kaufmann, barrister and counsel for Austin in Austin v Commissioner of Police for the Metropolis (House of Lords decision on “kettling”), and Paul Lewis, Guardian journalist, reported on video evidence that showed the death of Ian Tomlinson at the recent G20 protests. 6.30pm, Room S102, College of Law.
Thursday 23rd July 2009: Summer party / fundraising event
Commemorating 25 years since the miners' strike. Speakers will include Michael Seifert, John Hendy QC, Louise Christian, other lawyers, miners and journalists involved in the strike. Garden Court Chambers, 57-60 Lincoln's Inn Fields, London WC2 (nearest tube Holborn) 7pm to late
Admission
£10 practitioners, £5 concessions (drinks included in admission price)
download poster of the event here
New Haldane Society Twitter & Flickr pages.
www.twitter.com/SocialistLawyer
www.flickr.com/photos/haldanesociety/sets
Haldane vice-chair defends Briton accused of drugs smuggling.
Anna Morris, a barrister and Vice-Chair of the Haldane Society, is acting on behalf of the human rights charity Reprieve, to represent Samantha Orobator, imprisoned in Laos and accused of heroin smuggling, for the first time today.
Samantha Orobator, 20, from Camberwell, may face trial in Laos without ever having met the Laotian court-appointed lawyer. The government there has told Britain's Foreign Office that it will not invoke the death penalty. They agreed to this only after Anna Morris pointed out to them that their own law forbids executing a person who is "in a state of pregnancy." Meanwhile, the Haldane Society has written to the Foreign Office to ask them to raise with the Laotian foreign minister the fact that his government, which originally gave assurances that Anna Morris would be allowed to visit Samantha, now refuses to allow the visit.
The Haldane Society is asking the Foreign Office to obtain firm undertakings that Anna Morris will be allowed to visit with Samantha and that all her rights under the International Covenant on Civil and Political Rights will be guaranteed, including adequate time and facilities to consult with her court-appointed lawyer; to prepare her defence; to call and examine any witnesses required and to receive all appropriate medical treatment. We are also asking that, in the event Ms. Orobator is convicted - almost a foregone conclusion in Laos according to Reprieve, she should be permitted to serve her sentence back in Britain.
Haldane Chair's letter to Bill Rammell MP, Minister at the FCO, demanding justice for imprisoned Samantha Orobator.
Haldane lectures 2009:
Thursday 29 January 2009: Forty years on, lessons learned from the Northern Ireland Civil Rights Movement, Richard Harvey and Eamon McCann
Thursday 19 February 2009: human rights in civil proceedings, Louise Christian and Liz Davies
Thursday 12 March 2009: human rights in the criminal courts, speakers to be confirmed
Thursday 23 April 2009, lawyers speaking out for their clients, Aamer Anwar
All events at the College of Law, 14 Store Street, London WC2.
Nearest tube Goodge Street. Admission free.
There will be a £10 charge to legal practitioners requiring CPD points.
National Lawyers' Guild delegation to Pakistan
In January the Haldane Society's sister organisation in the
USA sent a delegation to Pakistan. Their report called for the
immediate restoration of an independent judiciary.
Read
the report
