Human Rights
As defined by its constitution, one the objects of the ECBA is to promote the administration of justice and human rights under the rule of law within the member states of the Council of Europe and among the peoples of the world. Throughout the years the ECBA has been following Criminal Proceedings’ Human Rights’ issues.
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The increasing involvement of the ECBA in advocacy for Human Rights in Criminal Proceedings has led the ECBA to appoint a Human Rights Officer (HRO). The Human Rights Officer (HRO) will be the contact person for Human Rights’ issues, including possible interventions by the ECBA before the ECtHR, and will represent the ECBA in activities such as trial observations.
The first ECBA-HRO was the Advisory Board Member Scott Crosby. Scott was a long time member of the ECBA and had a wide experience in taking cases to the European Court of Human Rights. As Scott Crosby sadly passed away on 25 April 2020, Alexis Anagnostakis has been appointed by the Executive Committee of the ECBA as the actual HR Officer on 21 September 2020.
Given that the demands of human rights law for the work of the ECBA were steadily increasing and could not be adequately met by the Human Rights Officer alone the Executive and Advisory boards of the ECBA decided at the meeting of 21 April 2017 in Prague, Czech Republic, to establish a human rights committee.
The Human Rights Committee (HRC) comprise the undernoted persons:
| Amedeo Barletta | Nina Karačić Brković |
| Stephen Bailey |
Ondrej Laciak |
| Elena Borsacchi | Salomé Lemasson |
| Nicola Canestrini | Mihai Mares |
| Federico Cappelletti | Ales Michalevic |
| Vânia Costa Ramos | Jonathan Mitchell |
| Walter De Agostino | Rebecca Niblock |
| Paul Garlick | Szabolcs Miklós Sánta |
| William Glover | Sylvain Savolainen |
| Robin Grey | Tobias Stadarfeld Jensen |
| Maria Hessen Jacobsen | Alex Tinsley |
| Nancy Hollander |
The ECBA “Scott Crosby” Human Rights Award
The ECBA and their Human Rights Committee have decided to institutionalize the ECBA Human Rights Award, named after our late friend and passionate human rights activist Scott Crosby, to be awarded once a year to distinguished lawyers who have demonstrated outstanding commitment and sacrifice to uphold fundamental values.
The objective of the ECBA is to honour the efforts of lawyers and at the same time raise awareness of the core values of the legal profession.
The 2024 ECBA HR Award went to three Belarus lawyers who endure the harsh conditions of Belarusian prisons, having been arrested and sentenced to 6-10 years in prison, with no phone calls, correspondence or visits. Vitaly Brahinets, Aliaksandr Danilevich, and Maxim Znak are suffering today because of their unwavering dedication to justice, democracy, and human rights.
Vitaly Brahinets, a seasoned criminal lawyer, is recognized for his support of human rights. By choosing to represent those targeted by political oppression, he has faced imprisonment on charges that are widely acknowledged as politically motivated. Aliaksandr Danilevich has shown remarkable bravery amid the political crisis in Belarus. He openly denounced the war in Ukraine while providing legal assistance to those repressed by the government. The result was the same: arrested and detained. Maxim Znak has also played a vital role in providing legal support to opposition figures. His relentless pursuit of justice and democracy resulted in his arrest, making him a symbol of the struggle for human rights and the rule of law.
The Award was handed to Iryna Kozikava, sister of Maxim Znak and a lawyer herself, who seeked refuge in Poland.
The 2023 ECBA HR Award went to two remarkable women - Françoise Tulkens, a distinguished Belgian lawyer and a respected expert in criminal law, former Vice-President of the European Court of Human Rights and Nancy Hollander, a renowned U.S. criminal defense lawyer, known for her fearless representation of Guantanamo Bay detainees and the prominent whistleblower, Chelsea Manning. The award ceremony took place at the Spring Conference 2024 in Brussels, in the presence of Scott Crosby's daughter and son, Francesca and Andrew, who handed the awards themselves.
The ECBA Scott Crosby Human Rights Award 2022, handed by Vincent Asselineau, ECBA Chair, and Alexis Anagnostakis, HR Officer, went to the Ukrainian National Bar Association, represented at the Autumn Conference by Dr. Valentyn Gvozdiy, Vice President of the UNBA and ECBA member. The award honours the efforts of the Ukrainian lawyers for their determination and sacrifice in times of war, to uphold fundamental values and the rule of law in their country during the current impermissible military aggression against Ukraine.
The receivers of the ECBA Human Rights Award 2021 were Judge Igor Tuleya and the Dean of the Warsaw Bar Association, lawyer Mikołaj Pietrzak, both from Poland.
HR Officer Alexis Anagnostakis, ECBA Chair Vincent Asselineau and Polish lawyer Mikołaj Pietrzak
© Bildier, CC BY-SA 4.0, via Wikimedia Commons
The European Criminal Bar Association deeply mourns the loss of Henri Leclerc, a towering figure in criminal law and human rights advocacy, who passed away on August 31, 2024, at the age of 90.
Henri Leclerc's remarkable 65-year career as a criminal lawyer at the Paris Bar was characterized by an unwavering commitment to justice, human rights, and the rule of law. His eloquence and expertise in criminal law made him one of the most eminent criminal lawyers in France, defending both ordinary citizens and high-profile clients in landmark cases.
Leclerc's contributions to the legal profession extended far beyond the courtroom. He served on the Paris Bar Council, represented the profession in key justice ministry commissions, and was a prolific author on legal matters. His dedication to human rights was exemplified by his presidency of the Human Rights League from 1995 to 2000 and his membership in the National Consultative Commission on Human Rights.
Throughout his career, Leclerc fought tirelessly against arbitrary power, intolerance, racism, and the erosion of civil liberties. He was a vocal critic of harsh detention conditions and a staunch defender of the rights of the accused.
Henri Leclerc's legacy as a champion of justice and human rights will continue to inspire lawyers across Europe. His passing is a great loss to the legal community, but his principles and dedication will remain a guiding light for future generations of criminal lawyers.
The European Criminal Bar Association extends its deepest condolences to Henri Leclerc's family, friends, and colleagues. His memory will be honored, and his work will continue to influence the pursuit of justice and the protection of human rights in Europe and beyond.
July 10, 2024
I would like to express my profound concern over the arrest and detention of two lawyers, Naim Eminoğlu and Doğa İncesu, from the Progressive Lawyers Association (ÇHD) in Türkiye, which appears to be linked to their professional activities.
According to credible reports, Turkish authorities conducted early-morning raids on July 2, 2024, at the residences of Naim Eminoğlu and Doğa İncesu, subsequently detaining them without presenting clear charges and preventing them from attending scheduled court hearings for their clients. Without any documented risk of these lawyers attempting to flee, such armed raids and custody actions are highly irregular and disproportionate.
Moreover, as it is reported, both lawyers were prohibited from meeting with their legal counsel for an extended period, during which police attempted to elicit information from them outside the presence of their lawyers.
Update: While Eminoğlu and İncesu were released on Friday, July 4th, the uncertainty surrounding potential charges against them remains a source of concern.
Alexis Anagnostakis
Human Rights Officer
European Criminal Bar Association (ECBA)
Read the whole Statement here.
© 2024 ECBA