Document id: ALRC-COS-26-18-2014
HRC section: Item 3, Clustered Interactive Dialogue with Special Rapporteur on Independence of judges and lawyers
Speaker: Mr. MOON JeongHo
A Joint Oral Statement to the 26th Session of the UN Human Rights Council from Lawyers’ Rights Watch Canada (LRWC) & Lawyers for Lawyers (L4L), NGOs in special consultative status and Asian Legal Resource Centre (ALRC) with general consultative status
Thank you Mr. Vice-President,
Lawyers’ Rights Watch Canada (LRWC), Lawyers for Lawyers (L4L) and the Asian Legal Resource Centre (ALRC) thank the Special Rapporteur on the independence of judges and lawyers for her contributions in 2013 and 2014 and for her report to the Council.[1] We share all concerns raised, including concerns about lawyers prosecuted and imprisoned for discharging their functions in sensitive and political cases.[2]
At least thirteen lawyers in Iran have been subjected to politically motivated prosecutions[3], imprisonment and to losing their licenses solely for exercising protected freedoms of expression and association and for carrying out their legitimate legal work.[4]Several lawyers wrongly deprived of liberty have also been denied access to medical attention and to lawyers. All of this violates the UN Basic Principles on the Role of Lawyers that directs Governments to ensure that lawyers may perform their professional functions without intimidation, hindrance, harassment or improper interference[5].
In Turkey many lawyers have been prosecuted for purposes of silencing them, preventing criticisms of state laws and policies or obstructing their ability to provide specific clients’ full and fair legal representation. These prosecutions and trials clearly constitute an abuse of legal proceedings.
In Russia lawyers are targeted for discharging their professional functions, especially lawyers involved in politically sensitive cases or in the context of terrorism and counter-terrorism activities. The impunity surrounding acts of harassment have a strong chilling effect on lawyers.
These are just three examples of the many States generating the daunting number of cases brought to the attention of the Special Rapporteur. We join the Special Rapporteur in urging States to immediately refrain from prosecuting or disbarring lawyers for the purposes of silencing them in their performing professional functions.[6]
The Council must take action to ensure that States protect and ensure safe and enabling environments for human rights lawyers, without undue interference and, specifically, an end to harrassment with impunity.
I thank you Mr. Vice-President.
Chapter 10 of Webcast: http://webtv.un.org/meetings-events/index.php/watch/clustered-id-contd-sr-on-independence-of-judges-lawyers-and-sr-on-migrants-14th-meeting-26th-regular-session-of-human-rights-council/3625039145001
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Lawyers for Lawyers (L4L) is an independent and non-political Dutch foundation and is funded by lawyers’ donations. The foundation was established in 1986 and has special consultative status with ECOSOC since 2013.
Lawyers Rights Watch Canada (LRWC) is a committee of lawyers who promote human rights and the rule of law internationally by protecting advocacy rights. LRWC campaigns for advocates in danger because of their human rights advocacy, engages in research and education and works in cooperation with other human rights organizations. LRWC has Special Consultative status with the Economic and Social Council of the United Nations.
About the ALRC: The Asian Legal Resource Centre is an independent regional non-governmental organisation holding general consultative status with the Economic and Social Council of the United Nations. It is the sister organisation of the Asian Human Rights Commission. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at the local and national levels throughout Asia.
[1] Report of the Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul,
A/HRC/26/32/Add.1, 28 April 2014.
[2] Report of the Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul,
A/HRC/26/32/Add.1, 28 April 2014, par. 68.
[3] Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, Mr. Ahmed Shaheed, A/HRC/22/56, 28 February 2013. Paragraph 23 of this report states that the Special Rapporteur is alarmed by the reports of Government action targeting lawyers.
[4] These lawyersincludeAbdolfattahSoltani, AfshinKarampour, AmirEslami, Mustafa Daneshju, OmidBehrouzi, FarshidYadollahi, HassanSarchahi, JavidHoutanKian, KambizNorouzi, Mohammed Seyfzadeh, Mohammed Ali Dadkhah, NasrinSotoudeh, HemidValai.
[5] Art 16 Basic Principles on the Role of Lawyers, adopted by the Eight United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990.
[6] Report of the Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul,
A/HRC/26/32/Add.1, 28 April 2014, par. 68
