The European Criminal Bar Association mourns the passing of Robert Badinter in France, a towering figure whose legacy reverberates throughout the legal community.

Badinter, a distinguished lawyer and former Minister of Justice in France, leaves behind a profound impact on the legal landscape.

His tenure was marked by landmark achievements, notably the abolition of the death penalty.

His unwavering dedication to justice and human rights reshaped legal landscapes across Europe.

We honour his memory and extend our heartfelt condolences to his family and colleagues.

The European Criminal Bar Association strongly condemns the tragic death of Aleksei Navalny, which followed his poisoning, prolonged unjust imprisonment, and reported torture while in custody.
Navalny, a lawyer and prisoner of conscience, courageously advocated for political freedom and confronted corruption and oppression under the Kremlin's rule. His passing stands as a stark reminder of the oppressive environment prevailing within Russia, where critical voices are silenced and dissent is met with severe punishment.

At this juncture, we note with great concern that three of his defence lawyers were arrested in October 2023 on charges of "extremism," and two others in exile were sentenced to prison in absentia. They were targeted for exercising their legal profession in support of their client, calling for their release.

As we seek justice for Navalny, it becomes apparent that domestic avenues for accountability are limited. Therefore, the international community must act decisively to hold those responsible to account. We urge the United Nations to utilise its special procedures and mechanisms to conduct a thorough investigation into Navalny's death and the circumstances surrounding it.

The European Criminal Bar Association stands in solidarity with all those advocating for human rights within and beyond Russia's borders. We call upon governments, international organisations, and civil society to join us in demanding accountability and justice for Aleksei Navalny and others who have sacrificed their freedom and lives in pursuit of liberty and democracy.

The ECBA co-signed a statement, a report and a petition on the occasion of the Day of the Endangered Lawyer 2024, dedicated to the Iranian lawyers, that continue to face systemic persecution for defending human rights in their country. Federico Cappelletti, ECBA Human Rights Committee member represents the ECBA as a speaker at the dedicated Press Conference. 

The ECBA is part of the Endangered Lawyers Coalition, a network of legal organisations and bar associations from various cities, countries and continents around the world, that each year organises the International Day of the Endangered Lawyer. Since its creation in 2010, the International Day of the Endangered Lawyer has been observed on 24 January in cities, countries, and continents around the globe.

The purpose of this International Day is to draw the attention of government officials, international institutions, civil society, the media and the general public to the plight faced by lawyers in a particular focus country in the exercise of their profession.

This year, for the second time since the creation of this International Day, the Coalition draws attention to the plight of Iranian lawyers as the 14th edition of the International Day of the Endangered Lawyer approaches.  From 16 September 2022 to 10 January 2023, a total of 44 lawyers were arrested for their work defending anti-government protestors; 27 of those have reportedly been released while the rest remain in detention.

The Coalition has issued a report to demonstrate the dire state of the legal profession in Iran and highlight the regime’s violation of human rights.

 © Photo by Jana Shnipelson on Unsplash

The European Criminal Bar Association (ECBA) is deeply concerned about the imprisonment of several dedicated lawyers in Belarus, who have been targeted for their commitment to upholding the principles of democracy, the rule of law, and the right to legal assistance.

Vitaly Brahinets, a highly experienced criminal lawyer and member of the Minsk Regional Bar Association, Aliaksandr Danilevich, a prominent Belarusian lawyer specializing in international commercial arbitration and sports law, Maxim Znak, a lawyer associated with the Borovtsov & Salei Law Firm in Minsk, played a critical role in providing legal support to presidential candidate Viktor Babaryko, are being kept in prison.

The imprisonment of these lawyers, who worked to uphold the principles of justice, poses a grave concern. According to reports, they have faced unjust legal processes and have been deprived of their freedom for the mere act of carrying out their professional duties. The ECBA urges the Belarusian authorities to fully adhere to international human rights standards, including the European Convention on Human Rights and the International Covenant on Civil and Political Rights. We demand an immediate end to the persecution of these lawyers and thorough, independent, and impartial investigations into all allegations of human rights violations. 

You can read the full Statement here.

The European Criminal Association joins the call and signs the statement to take concrete and urgent action in the case of Nasrin Sotoudeh, prominent and well-known Iranian lawyer and human rights defender.

On Sunday, 29 October, the media broke the news that she had been arrested while attending the funeral of Armita Garavand, the 16-year-old girl who died after 28 days in a coma following her arrest by the infamous Morality Police in the Tehran metro.

She was taken along with other arrested women to the Vozara detention centre, the same one in which Mahsa Amini died last year.

She was scheduled to be heard in her case on Monday, 30 October, at Evin prison, but was not brought to court because she refused to wear a veil.

She was then taken to Qarchak prison, known for its poor conditions of detention, and is currently on a hunger strike in protest, refusing both essential medication for her health and visits.

Click here to read the whole Statement.

The European Criminal Bar Association (ECBA) has intervened as a third party in a significant case before the US Court of Military Commission Review. The case revolves around Mr. Abd al-Rahim Hussein al-Nashiri, a detainee imprisoned at Guantanamo Bay, facing charges that could result in the death penalty. Notably, he was subjected to brutal torture during his time in CIA black sites.

This case hinges on an appeal by the US Government against the decision of Judge (and Col.) Lanny J. Acosta Jr., which suppressed all evidence tainted by the aforementioned torture.

The ECBA firmly endorses the view that evidence obtained through torture should be categorically excluded from legal proceedings. Torture fundamentally undermines the principles of the rule of law in civilized societies. Therefore, the ECBA strongly advocates for an absolute prohibition on the use of evidence obtained by torture.

The amicus curiae brief and this entire initiative have been expertly crafted and coordinated by Mr. Nicola Canestrini, a dedicated member of the ECBA's Human Rights Committee.

Read more ...

ECBA and other different human rights and justice organisations call on the Chinese authorities to immediately and unconditionally release prominent human rights lawyer Gao Zhisheng (高智晟) ahead of the sixth anniversary of his disappearance on August 13.

And as we near “The International Day of the Disappeared” on August 30, we also condemn the Chinese government’s use of enforced disappearances as a tactic to silence and control activists, religious practitioners, Uyghurs and Tibetans, and even high-profile celebrities, entrepreneurs, and government officials.

Gao Zhisheng was one of the first human rights lawyers to emerge in the early 2000s and he became an important leader of China’s rights defense movement. He took on cases to help migrant workers and defend spiritual practitioners, including Falun Gong adherents and Christians. Gao wrote open letters to China’s top political leadership to call attention to the plight of Falun Gong practitioners and the abuse he had suffered while defending them.

In 2006, Gao was sentenced to three years in prison on the charge of “inciting subversion of state power,” and after being released on parole, he was repeatedly disappeared for extended periods and tortured by police between 2007 and 2011. In December 2011, state media reported that Gao had been imprisoned in the Uyghur region to serve out his sentence after violating terms of his parole.

He was then released in 2014 but remained under house arrest.
Gao's relatives in China, as well as fellow rights lawyers and activists, who previously remained in contact with him, have not heard from him since August 13, 2017.

Ever since then, Chinese authorities have, implausibly, claimed that Gao is not under any “criminal coercive measures.”
Over the past six years, Gao has effectively remained in a state of enforced disappearance.

Click here to read the whole petition. 

On Tuesday 14 February 2023, five prominent human rights defenders, leading figures in Burundian civil society, were arrested in Burundi.

They have been deprived of their liberty for over a month, under the inadmissible and pretentious accusation of undermining the internal security of the State, of rebellion, etc.

They are all members of public associations that work with victims of gender-based violence, especially women and children across the country. 

They are also working on preventing land disputes, particularly in the northern provinces.

Their punishment is clearly linked to their continuous work in defending human rights that is not appreciated by the authorities. 

ECBA and the ECBA Human Rights Committee, in a joint letter with other international organisations, urge the Burundian authorities to immediately release the five detained human rights defenders. 

We also call on the authorities to stop criminalizing the work of civil society and to recognise their essential role in Burundi society.

The respect of the freedom of expression and association, without recourse to coercive judicial and security measures, is not negotiable

Please click on the links to read the statement and the open letter to the President of Burundi (both in French).

The ECBA co-signed an urgent request to intervene in favour of persecuted Iranian lawyer Reza Khandan, who was recently summoned to prison.

Reza Khandan is also a well-known human rights activist in Iran and husband of the prominent lawyer and human rights defender Nasrin Sotoudeh, who is presently serving her sentence in prison.

Click here for the full text of the letter.

The ECBA co-signed the Statement issued in support of the Turkish lawyer Günay Dağ.

Günay Dağ is a lawyer at the International Bureau of the People's Law Office and a member of the Progressive Lawyers’ Association (ÇHD).  On 30 December 2022, he was added to the list called "list of wanted terrorists" published on the official website of the Ministry of Interior.  For the past three years, Günay Dağ has been a political refugee.

Although Günay Dağ has never been convicted of a criminal act of terrorism by a court, he is now being labelled as a “wanted terrorist” and member of a terrorist organisation.