Joint Statement
JusticeMakers Bangladesh, Lawyers for Lawyers Bangladesh Bangladesh Institute of Human Rights
DAY OF THE ENDANGERED LAWYER – 24 January 2018
Solidarity with Egyptian lawyers
Appeal to the Egyptian Government - Respect the rights of Egyptian lawyers
Egypt is going through the most serious human rights crisis in its history. Every day security forces arbitrarily displace 3 or 4 people (AI Secretary General, 18 Dec. 2016).
In 2018 the focus of all activities concerning the Day of The Endangered Lawyers will entirely focus on Egypt. Today in Egypt, human rights activists, lawyers, and journalists, all have to live with their phone calls being tapped, and with intimidation and threats from the authorities. After the overthrow of President Mohammed Morsi the human rights situation has deteriorated dramatically. The government has restricted severely freedom of expression, freedom of assembly, and freedom of association. The authorities have taken harsh actions against dissidents, ten thousands have been arbitrarily arrested, and many of them tortured during custody. Security forces that killed demonstrators have not been held accountable. After harsh unfair trials, hundreds of people have received prison or even death sentences. Victims of this persecution include not only alleged members and supporters of the Muslim brotherhood but also any other opponents to the present government, in particular alleged members of left organizations and human rights activists.
DEMANDS:
1. Immediately and unconditionally release and compensate all detained lawyers and other human rights activists;
2. Immediately drop all charges against these lawyers and other human rights activists, as these prosecutions are clearly aimed at hindering their peaceful human rights activities and put an end to all acts of harassment, including at the judicial level against them, and more generally all human rights defenders in Egypt;
3. Guarantee in all circumstances the physical and psychological integrity of these lawyers as well as all human rights defenders in Egypt;
4. Comply with all the provisions of the UN Basic Principles on the Role of Lawyers, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990, in particular with
• Art. 16. Governments 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.
• Art.18. Lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions.
5. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders adopted on December 9, 1998 by the United Nations General Assembly, in particular with:
• its Article 1, which provides that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of Human rights and fundamental freedoms at the national and international levels”;
• its Article 5(a) : “For the purpose of promoting and protecting Human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels (a) To meet or assemble peacefully”
• its Article 6(a), which foresees that “everyone has the right, individually and in association with others, to participate in peaceful activities against violations of Human rights and fundamental freedoms” ; its Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration” ;
6. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Egypt.
7. Egypt should abide by its March 2015 pledge at the conclusion of its Universal Periodic Review before the United Nations Human Rights Council to “respect the free exercise of the associations defending human rights.” This should include allowing groups to register under a new associations law that parliament should draft following consultation with independent groups, and which should abide by article 75 of the constitution, which protects groups from interference by the government. The law should comply with international standards on freedom of association.
The Human Rights Council and its member states should condemn the current crackdown in Egypt and demand concrete measures to improve respect for fundamental human rights.
It also requests the European Union to exert pressure upon the Egyptian government by economic sanctions, in particular the discontinuation of arms supply, in order to make it respect human rights. Under no circumstances must there be a refugee agreement similar to that with Turkey because neither Turkey nor Egypt are safe third countries.
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Sharif Mostofa Helal, Chairman
Advocate Shahanur Islam, Secretary General
www.justicemakersbd.blogspot.com, https://web.facebook.com/JusticeMakersBangladesh/
Advocate Mohamaad Alamgir, President
Advocate Shahanur Islam, Secretary General
https://web.facebook.com/Lawyers-for-Lawyers-Bangladesh-262200420628030/
Advocate Nazmul Haque Shah Chowdhury, President
Advocate Shahanur Islam, Secretary General
www.bihrbd.blogspot.com, https://web.facebook.com/BIHR.BD
