24th January 2012: The Day of the Endangered Lawyers

Dear Colleagues,

I am sending you the Petition and the Press Release for the Day of the Endangered Lawyers 24th January 2012.

In order to protest against the unlawful and intolerable obstruction of lawyers in Turkey and against the severe human rights violations connected to this, on the 24th of January lawyers in many cities in Europe will organize demonstrations wearing their gown in front of Turkish Embassies and Consulates. A petition addressed to the Turkish Government will be handed over. in Amsterdam, Barcelona, Berlin, Bern, Brussels, Dusseldorf, The Hague, Hamburg, Madrid, Milan, Paris, Rome and other cities forum discussions or other activities will be organized.

All lawyers are requested to support and to participate in these activities. The protests will be organized by the local organisations of AED-EDL, ELDH and IDHAE.
Those who have not yet organized anything still have the time to organize at least a small protest in front of the Turkish Embassy or Consulate in their Country..

Best wishes,

Thomas Schmidt

ELDH European Association of Lawyers for Democracy and World Human Rights

(lawyer), Secretary General

Full press release and petition can be downloaded here

Tuesday 18th October: Haldane Parliamentary briefing on Enforcing Housing Rights in East Jerusalem

The briefing session will be conducted by members of a delegation of English barristers organised by Avocats Sans Frontiers who visited Jerusalem between 19 and 23 December 2010. International lawyers Professor Bill Bowring and Hannah Rought-Brooks joined housing rights specialists John Beckley, Liz Davies, John Hobson, and Marina Sergides in conducting the investigation. The objective of the fact finding mission was to examine the legal situation in Sheikh Jarrah, a Palestinian area located to the north of the Old City in East Jerusalem. Sheikh Jarrah, is the site of a protracted legal battle where the evictions of more than 25 families from their homes have repercussions for the viability of a future Israeli-Palestinian peace agreement and the long term status of Jerusalem. According to the United Nations, over 60 Palestinians have been forcibly evicted in Sheikh Jarrah in recent years leaving another 500 at risk of dispossession and displacement. The briefing session will discuss the findings of the delegation and how the situation in Sheikh Jarrah can be addressed within the framework of international humanitarian law and human rights law.

See a summary of the report "Enforcing Housing Rights: the Case of Sheikh Jarrah" here or download the full report from here.

Free admission. Please note that it can take up to 30 minutes to proceed through security at Westminster. Please rsvp or request to Sara Apps at: sara.apps@palestinecampaign.org

Nearest tube stations: Westminster, St James Park, Victoria. Further information www.palestinecampaign.org.

6pm, House of Lords, Westminster London SW1.

Download poster for the event here

The Haldane Society of Socialist Lawyers and Avocats Sans Frontiers present

"Enforcing Housing Rights: the case of Sheikh Jarrah": a report of the fact-finding mission to Israel and the Occupied Palestinian Territory.

Tensions have flared in Sheikh Jarrah, a Palestinian area located to the north of the Old City in occupied East Jerusalem. Over the last three years, more than 60 Palestinians have been forcibly evicted in this area and at least another 500 are at risk of dispossession and displacement, according to the United Nations Office for the Coordination of Humanitarian Affairs (UN OCHA).

Since the start of the Israeli occupation and annexation of East Jerusalem in 1967, which continues until today, the Palestinian refugee families in Sheikh Jarrah have been the target of eviction proceedings brought by the Committees and their successor, the Nahalat Shimon Company (to whom all rights and obligations were transferred in 2008-2009), before Israeli courts, resulting in the eviction of 4 refugee families to date (60 people) – the Mohammad Al-Kurd, Al-Ghawi, Hanoun and Rifqa Al-Kurd families – all of whom had already been forcibly displaced at least once before.

Following a request from local lawyers and NGOs received by Avocats Sans Frontières, an international legal expert mission visited Israel and the Occupied Palestinian Territory (OPT) from 19 to 23 December 2010. The delegation - organised by the Haldane Society of Socialist Lawyers - consisted of four English barristers, all specializing in housing rights – John Beckley, Liz Davies, and Marina Sergides and John Hobson as well as English barrister and human rights lawyer Hannah Rought-Brooks and Bill Bowring, also a barrister practising at the European Court of Human Rights, and Professor of Law at Birkbeck College, University of London. The delegation was accompanied by ASF project coordinator Stijn Denayer and human rights lawyer Valentina Azarov.

Their report "Enforcing Housing Rights: the case of Sheikh Jarrah" examines the Palestinian housing rights crisis in East Jerusalem, Israel's breaches of international law as an occupying power, the inequalities faced by Palestinians before the Israeli Courts, law enforcement failures and breaches of international law in carrying out evictions. It contains recommendations to Israel, the UN and international community, the European Union and the UK government.

Recommendations to the UK government are:

- To declare publicly that it will use its influence and all available mechanisms within the EU to ensure that the EU acts upon the recommendations set out immediately above.

- To ensure that senior UK officials observe court hearings concerning Sheikh Jarrah, and visit Sheikh Jarrah; and join high-level groups from the EU.

- To continue and if possible intensify the present policy of providing all possible support to the Sheikh Jarrah families.

- To give urgent and public consideration to the question how it can best comply with the obligations laid upon it (and all other states) by the International Court of Justice in 2004:

- All States are under an obligation not to recognize the illegal situation resulting from the construction of the wall and not to render aid or assistance in maintaining the situation created by such construction;

- All States parties to the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 have in addition the obligation, while respecting the United Nations Charter and international law, to ensure compliance by Israel with international humanitarian law as embodied in that Convention.

- In particular, to take steps to implement the recommendation by Amnesty International in 2009 that the UK government should “suspend all military exports to Israel until there is no longer a substantial risk that such equipment will be used for serious violations of human rights.

The views contained in the report and the recommendations are those of the delegation.

Download full report here ( 6.7MB )

Promises and Challenges: The Tunisian Revolution of 2010-2011

The Report of the March 2011 Delegation of Attorneys to Tunisia.

In March 2011 three members of the Haldane's executive committee joined colleagues from America and Turkey in an international human rights delegation to Tunisia. Co-chairs Katherine Craig and Anna Morris travelled to Tunis with Russell Fraser where they spent five days meeting with politicians, trade unionists, bloggers and democracy campaigners. The delegation heard evidence of state torture and corruption. During the Ben Ali years a culture of impunity reigned, a feature common to dictatorships across the world. Another feature common to such regimes is the interference of Western governments in furtherance of imperial desires. Tunisia is no different and has experienced French and US meddling in its internal affairs in its recent history.

The group has produced a report on its activities, those they met, and recommendation for the future which can be downloaded here.

Haldane Society supports campaign to free imprisoned pro-democracy campaigners, Swaziland

A campaign has been launched to free Maxwell Dlamini, the president of Swaziland's NUS (SNUS). Dlamini was arrested, along with political activist Musa Mgudeni, on the eve of the pro-Democracy protests on April 12 and charged with possession of illegal ammunition, although he denies this charge.

His supporters say that the Swazi government is trying to smear Dlamini because he is a popular and well-known figure in Swaziland having led many battles with the government on behalf of the students since he took office.

Dlamini was voted in as president of the NUS in October 2010 and has since led campaigns against increased tuition fees, against proposed cuts to scholarship programmes, and in favour of compelling the Swazi government to honour its constitutional commitment to introduce free primary school education.

Swazi parents currently pay fees for education at every level. A situation that forces some to educate only some of their children and only in the months that they can afford to pay for schooling.

The UK's incoming NUS vice president for society and citizenship, Danielle Grufferty, described Dlamini as "the figurehead" of Swazi student politics. "Maxwell is well-known as a radical within the democracy and union movements in Swaziland," she said. She also said the police knew him as the organiser of recent student protests.

Grufferty, who has lived in Swaziland for a year, was in the country at the time of Dlamini's first bail hearing. She said that the prosecution tried to establish Dlamini as a threat to society. "At the hearing, the prosecution kept asking the police if they thought he was a threat to society, and the police kept saying they believed he was but they couldn't produce any evidence. They asked questions about previous misconduct and there were none. They asked about previous convictions and there weren't any of those either. In the three days that I attended court they didn't produce any evidence to support the allegation that he was in possession of explosives. The people in the gallery began to laugh at the police because of their answers, which annoyed the judge and she warned the gallery: 'There are enough cells down there for you all'."

The prosecution argued that they needed more time and the hearing ended without the judge ruling on whether or not Dlamini could be bailed.

Grufferty filmed this interview outside the court where Dlamini's supporters were singing Swazi liberation songs, and pledging to return to the court each Friday until Dlamini's case is heard.

Swazi school teachers took to the streets last week demanding that King Mswati III's assets to be frozen following a warning from finance minister Majozi Sithole that the government could not ensure salaries would be paid beyond June.

Human Rights in Tunisia

Three members of the Haldane Society's executive committee are currently in Tunis as part of a delegation of human rights lawyers and academics investigating human rights abuses under the Ben Ali regime, the complicity of the US and EU states in those atrocities and the prospects of restorative justice for the victims, particulary political prisoners. They will also be investigating the role of Tunisian Trade Unions in the revolution and their ability to protect worker's rights in this fast-changing environment.

The delegation's progress can be followed at their blog:www.tunisiahumanrights.wordpress.com

The twitter feed is here

Haldane Society Statement On Morong 43, Philippines

The Haldane Society notes with concern the case of 43 health and community workers – known as ‘the Morong 43’ – currently being detained in the Philippines. The Morong 43 detainees were arrested whilst attending a training camp for health workers on 6 February 2010 when the premises were stormed by almost 300 army and police personnel. The search warrant presented by the police, which was not until presented until after they had entered the premises, was patently defective: it was not specific to the premises being searched, it was issued in a different district to where the search was to be carried out – that alone making it invalid under Filipino law – and, most egregiously of all, was made out in the name of someone who neither lived at the premises nor was present there at the time. No arrest warrants were presented which, in conjunction with the invalid search warrant, makes the detainees arrests flagrantly illegal.

The detainees are accused of being communist rebels and are charged with various offences relating to possession of firearms and explosives supposedly found at the scene. The detainees were transferred to a military compound where they remained until 1 May 2010, at which stage they were transferred to a jail just outside of Manila. Over the period when they were detained in the military compound, the detainees were beaten, intimidated, subjected to mock executions, offered bribes and had threats made against themselves and their family in an attempt to force them to confess or give evidence against their fellow detainees. It is also alleged that the evidence supposedly found during the search was planted by the police, as the search was carried out unsupervised.

The progress of the case through the Filipino courts has been protracted. A habeas corpus petition was unsuccessful at the Court of Appeal and was appealed to the Supreme Court. However at this point, seven months after the case was referred to it, the Supreme Court has still not heard any evidence and the detainees continue to languish in prison.

Haldane Society members were part of a delegation of lawyers from the International Association of Democratic Lawyers that met with the Filipino Justice Secretary, Leila de Lima, in mid September. The delegation was encouraged to hear that Secretary de Lima shared many of our concerns regarding injustices apparent in the case, and that she intended to review the case. Secretary de Lima has since given a report on the case to President Aquino. The Haldane Society hopes that President Aquino considers the report and moves to repair the injustices committed against the Morong 43, and break away from the previous administration’s dire record on protecting human rights, by doing everything within his power to have them released.

by Mike Goold

Wrongful Conviction of Greenpeace Activists by Japanese Court

RICHARD HARVEY ON BEHALF OF HALDANE SOCIETY OF SOCIALIST LAWYERS

Junichi Sato and Toru Suzuki exposed the blackmarket trade in whale meat in the course of a Greenpeace investigation into Japanese so-called ‘scientific’ whaling. Crewmembers of a taxpayer-funded whaling ship were illegally selling the priciest cuts of whale meat.

Junichi and Toru intercepted a box of whale meat in a storage depot in the port of Aomori. They presented their findings at a press conference, delivered the box to the prosecutor’s office in Tokyo and offered the judicial authorities their cooperation to further uncover the smuggling ring. Instead of investigating these black market activities, the Public Prosecutor dropped the investigation and arrested Junichi and Toru.

The ‘Tokyo Two’ were convicted of theft and trespass on 5 September 2010, and sentenced to one year, suspended for three years. Greenpeace rightly describes this result as wholly disproportionate and unjust, and they will appeal.

The UN Working Group on Arbitrary Detention has said that the detention of Sato and Suzuki was unjustified and contrary to the International Covenant on Civil and Political Rights, especially Article 19 of this Covenant guaranteeing the right to express, impart, receive and seek information. Japan is a party to this treaty.

The Haldane Society joins other international human rights groups in condemning the prosecution, as the ‘Tokyo Two’ clearly had no intention to steal whale meat, but rather, in the public interest, to expose unlawful practices in the Japanese whaling programme. Under international human rights law, peaceful protest by NGOs, investigative reporting by journalists and others, whistle-blowing and participation in public debate on matters of interest for society should be guaranteed and protected by public authorities.

In the international court of public opinion, the ‘Tokyo Two’ were found not guilty long ago. By the principled way in which they have fought their case, Greenpeace’s activists have turned Japan’s normally establishment-oriented media completely around. When they were arrested over two years ago, the media all wanted to know why the ‘Tokyo Two’ refused to apologise for their conduct. Today, the press is demanding that the prosecutor explain why he has failed to investigate the misconduct that Greenpeace exposed.

For more information please click here

Protest against Israeli military attack on Gaza aid flotilla

Haldane Society of Socialist Lawyers demands 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

The European Lawyers Association for Democracy and Human Rights protest against Israeli military attack on aid flotilla is here

The International Association of Democratic Lawyers call for an international investigation into Israeli murder of human rights workers is here

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.