Socialist Lawyer 63 Out Now

The new edition of Socialist Lawyer magazine has now been dispatched to members.  Should you not receive a copy by this Friday we would be grateful if you would let us know so we can correct our records if necessary.

Judicial Review Consultation Response

The Haldane Society has responded to the Ministry of Justice's consultation on "reform" of judicial review.  The reform proposals would see access to judicial review massively restricted, thereby impacting on the ability of individuals to hold the government to account through the courts.  The proposals, if brought into law, would:

• Reduce the time limit for judicial review, making it almost impossible for individuals, but not large corporations, to comply with the requirements in time;
• Limit access to judicial review by restricting oral renewal hearings, allowing the oral rehearing of an application which was rejected on the papers.
• Increase fees and so remove the ability of almost every ordinary person to apply for judicial review.

Download the Consultation Response

New Haldane Banner

The Haldane Society is proud to unveil our new banner.

The banner was designed by Ed Hall.  It features the name of the society around a fist holding the scales of justice, behind a pile of law books.  In the foreground are images of people holding up the ideals the society seeks to defend.

Mass Arrest of Turkish Lawyers

The Haldane Society of Socialist Lawyers expresses its utmost concern about the new mass arrests of Lawyers in Turkey.

The image in this article is the logo of the Progressive Lawyers’ Association (ÇHD).

According to the Turkish media police forces launched raids in seven provinces early this morning against the Revolutionary People's Liberation Party/Front (DHKP/C).  Fifty-five people, including 15 lawyers, were detained in the raids on suspicion of links with the organization. Nine of fifteen lawyers are reportedly members of the Progressive Lawyers’ Association (ÇHD), including an executive board member of the association, Güçlü Sevimli, and Istanbul branch head Taylan Tanay.  An arrest warrant has also been issued for the ÇHD President, Selçuk Kozağaçlı, after police failed to locate him during the raid. 

ÇHD has for many years been a sister organisation to the Haldane Society through the European Lawyers for Democracy and Human Rights. Its President, our colleague Selçuk  Kozağaçlı, was an invited speaker to the Haldane Society's conference on Defending Human Rights Defenders in February 2012.

This is the second wave of arrests carried out by the Turkish authorities: mass arrests were carried out in 2012 against 46 lawyers accused of getting orders from Öcalan, transmitting the orders to the alleged [KCK] organization, leading to actions as a result of such orders and informing Öcalan about the results.

By arresting these lawyers the Turkish State not only prevents them from exercising their professional duties but also denies their clients the right to be represented by a lawyer of their choice. Both acts are a violation of human rights, under the European Convention of Human Rights Art. 6, Para 2, c and the UN Basic Principles on the Role of Lawyers, 1, ” All persons are entitled to call upon the assistance of a lawyer of their choice”, and 18, “Lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions.”

The Haldane Society demands:

1. The immediate release of the arrested lawyers.
2. That lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions.
3. The Turkish State shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.
4. The full implementation of all International and all European law ratified by Turkey concerning the right to a fair trial, i.e. Art. 14 International Covenant on Civil and Political Rights, Art. 6 European Convention on Human Rights.
5. The full implementation of the Basic Principles on the Role of Lawyers i.e. Art. 7, 8, 16, 182. That all persons arrested or detained, with or without criminal charge, shall have prompt access to a lawyer, and in any case not later than forty-eight hours from the time of arrest or detention.

The Haldane Society within its resources will give the arrested lawyers all possible assistance.

Day of the Endangered Lawyer

International Day of Solidarity with Basque lawyers in Spain

Join the protest by lawyers at the Spanish Embassy

Thursday 24 January 2013, 12-1pm

39 Chesham Place London SW1X 8SB (nearest tube Hyde Park Corner)

CAMPACC in association with Haldane Society of Socialist Lawyers are pleased to support this year’s Day of the Endangered Lawyer which is highlighting the intolerable conditions faced by Basque lawyers.

During the last two decades more than 20 Basque lawyers in Spain have been kept in pre-trial detention, several of them up to almost 2 years. All the arrested lawyers were charged with terrorist crimes connected with ETA, or with insulting the Spanish state. All of them were either defence lawyers or human rights lawyers representing alleged members or supporters of ETA organisations. Arrested lawyers were detained incommunicado and could not even be advised and assisted by a lawyer of their own choice, on the days immediately after their arrest. Later it turned out that most of these arrests were unfounded and unlawful. In almost all of the above mentioned cases the suspected lawyers were acquitted afterwards, or the cases were dismissed. 

By arresting these lawyers the Spanish state not only prevented them from exercising their professional duties but also denied their clients the right to be represented by a lawyer of their choice. Both acts were a violation of human rights, under the European Convention of Human Rights Art. 6, Para 2, c and the UN Basic Principles on the Role of Lawyers, 1. “All persons are entitled to call upon the assistance of a lawyer of their choice”, 18. “Lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions.”

The day of action on 24th January, which will see simultaneous actions by lawyers taking place in major cities across Europe, will be marked in London with a protest outside the Spanish Embassy, when a petition will be handed in by Prof Bill Bowring the President of the European Association of Lawyers for Democracy. Lawyers and human rights defenders are invited to join him in this action.

The Day of the Endangered Lawyer is organized this year by three European lawyers’ associations: the European Democratic Lawyers (AED-EDL, www.aed-edl.net), the European Lawyers for Democracy and Human Rights (ELDH, www.eldh.eu) and the European Bar Human Rights Institute (IDHAE, www.idhae.org). Together they represent lawyers all over Europe. The press release, report and petition of the organisers are attached.

For further information:

CAMPACC (Campaign Against Criminalising Communities)www.campacc.org

E-mail: estella24@tiscali.co.uk  

Haldane Society of Socialist Lawyerswww.haldane.org

E-mail: secretary@haldane.org

[The images in this article are English and Spanish versions of a picture of one male and one female lawyer behind bars.  The text of the first reads, "Day of the Endangered Lawyer.  24th January 2013.  Keep your hands off the lawyers".  The text of the second reads, "Day of the Endangered Lawyer.  24th January 2013.  Por el derecho a la elección del abogado de confianza."]

Update

on 2013-04-07 19:44 by Stephen Knight

The Report on 2013's Day of the Endangered Lawyer has been published.

Click here to download the report.

Public Meeting: Stop MI5 blackmail! Protect UK citizenship from attack!

Public Meeting

Stop MI5 blackmail!   Protect UK citizenship from attack!

7-9pm Friday 18 January 2013 
Council Chamber, Camden Town Hall, Judd St (near Kings X station)

Speakers include:

Saghir Hussain, Director, CagePrisoners
Sharhabeel Lone, Director, KTCO
Mohamed Nur, community worker, KTCO
Kurdish Federation UK
Tom Foot, journalist, Camden New Journal
George Binette, Branch Secretary, Camden UNISON
Frances Webber, Vice-President, Haldane Society of Socialist Lawyers
Les Levidow, CAMPACC

Aims of the meeting:

• To expose and stop MI5 practices of blackmail
• To encourage individuals to refuse cooperation and expose blackmail attempts
• To demand government accountability for such crimes
• To protect UK citizenship from being withdrawn
• To bring more organisations into the protest

Over several years MI5 has been systematically blackmailing individuals to spy on their communities.  In most cases, security agencies want information on political views and ordinary political activities. This covert surveillance spreads fear and distrust among communities here – all in the name of protecting ‘national security’.

In an extreme case, in October 2012 the Home Secretary withdrew the citizenship of a Somali-born UK citizen, Mahdi Hashi.  As a care worker in the Kentish Town Community Organisation (KTCO) in 2009, Mahdi had refused to become an MI5 informer. Then MI5 threatened him and four colleagues with being labelled as 'Islamic extremists' if they refused to become informers.  Madhi in particular felt so harassed by the MI5 that he left the country for Somalia, where he has family members. The Home Secretary later revoked his citizenship, thus preventing his return. After leaving Somalia he disappeared and was held at a secret detention site.  In December it became public that he was rendered to face 'terrorism' charges in a NY court.  There he is accused of participation in al Shabaab. For details, see http://www.camdennewjournal.com/news/2012/dec/fathers-anger-family-are-told-former-camden-schoolboy-being-held-us-terror-charges

For several years MI5 had blackmailed many other British Somalis.  MI5 told the men, 'Work for us or we will say you are a terrorist.'  When they refused to cooperate, MI5 acted on the threat: afterwards some were detained and interrogated on trips abroad.  For details, see

http://www.independent.co.uk/news/uk/home-news/exclusive-how-mi5-blackmails-british-muslims-1688618.html,

http://campacc.org.uk/index.php?mact=News,cntnt01,detail,0&cntnt01articleid=47&cntnt01returnid=133

Such practices are widespread.  Beyond a few well-publicised cases, MI5 has blackmailed hundreds of refugees, especially Kurds and Tamils. Refugees face much higher stakes: they could be deported to torture, or else they could be granted asylum as a reward for becoming informers.  

Meeting is sponsored by: the Campaign Against Criminalising Communities (CAMPACC), CagePrisoners, Haldane Society of Socialist Lawyers, Islamic Human Rights Commission (IHRC), Kurdish Federation UK, London Somali Youth Forum, Hands Off Somalia, Camden Green Party, Mumia Abu Jamal Defence Campaign (UK)
And supported by Camden Councillors Sarah Hayward (Leader of Camden Council) and Maya de Souza

For information contact: CAMPACC, estella24@tiscali.co.uk, tel. 020 7586 5892, www.campacc.org.uk

Update in the case of Vadim Kuramshin

The charges against Vadim Kuramshin, that he allegedly attempted to extort money from Mukhtar Uderbaev from the Kordai regional prosecutor’s office, were clearly fabricated.

Under the lead of judge Nurmukhammat Abidov this latest trial was rushed through and the sentence declared without either Vadim himself or his advocate being present in the courtroom. They were replaced by a court appointed lawyer who sat there as if he was just an extra piece of furniture.

The trial was conducted with many breaches of procedure. From the beginning the judge took the side of the prosecution. Not one objection from the defense was upheld, neither defense or prosecution witnesses were questioned. Some of the prosecution witnesses appeared by Skype in which members of the “security organs” showed no reluctance instructing the witnesses how to give the “right evidence”. Vadim himself was not even allowed to see the documents submitted to him.

At the end of August a jury found Vadim not guilty of this charge and he was freed from the court. However the Kazakhstan authorities are out to seek revenge on this fighter against corruption. He was again arrested and dragged before the court. This has so annoyed the members of the previous jury that they have formed their own action committee in defense of Vadim Kuramshin.

The Haldane Society of socialist Lawyers have sent protest letters to the President of Kazakhstan and its embassy in London.

Appeal to the Prime Minister of Turkey to End the KCK Trials

Leading British lawyers, who recently observed the latest session of the mass trial of lawyers in Istanbul on 6 November 2012, briefed British parliamentarians on their concerns. Hosted by Hywel Williams, MP for Plaid Cymru, and sponsored by Peace in Kurdistan campaign, the meeting took place on 27 November in Westminster. It was addressed by barristers Margaret Owen OBE, Bronwen Jones and Melanie Gingell, who took part the observer delegation along with lawyers Tony Fisher and Ali Has. Barry White, UK representative of the European Federation of Journalists, also addressed the meeting to draw parallels between this trial and ongoing trials of journalists in Turkey.

Attendees of the meeting were so seriously alarmed by the situation that they unanimously agreed to write directly to the Turkish Government with the attached statement (updated 20 December).