 |
 |
 |
 |
 |
NEWSLETTER(Page 14)
Main Index
Index:
* The Letter to IBA
* IBA Madrid conference 2009
Wednesday 7
* Paris Bar Resolution/ Arrest of Peter Erlinder, American Colleague/
Rsolution du Barreau de Paris/ arrestation de Peter Erli
* The Letter to IBA
| ϐ | |
Mr. Mark Ellis
Executive Director
International Bar Association
10th floor, 1 Stephen Street, London W1T.
United Kingdom
Dear Mr. Ellis,
I am writing on behalf of the Iranian Central Bar Association who is a member of the International Bar Association to object against what has been published in the international Bar News Oct. 2008 (page 4) in relation to the IBA's new Middle East office in Dubai which used therein a fake name as ''Arabian Gulf'' instead of ''Persian Gulf'' which is an established, authentic, historical and geographical name of the water body located on the south of Iran.
IBA is an independent international institution established and contributed by lawyers from different countries whose names are tied to law and justice. Hence, IBA and all its division and offices are expected to act based on these two criteria i.e. law and justice. The main sources for these criteria are international documents and practices of reputable international organization like United Nations and its affiliates. On the strength of a virtually countless number of undeniable documents and maps from more than five thousand years ago to the present time, as well as the resolutions and Directives of the United Nations since its inception to this date, the inseparable name of Persian Gulf has continuously and uninterruptedly been used and adopted for the Persian Gulf.
I would also like to draw your kind attention to the following international legal evidences and historical illustrations which confirm that ''Persian Gulf'' is the only authentic, historical and geographical name of this water body:
- The Group Experts on Geographical Names was set up by Secretary-General of the United Nations in pursuance of the Economic and Social Council resolution 715 A (XXVII) of 23rd April 1959 and has endorsed ''Persian Gulf'' as the official name of the body of water.
- Supporting UN documents include UNAD, 311/Qen on March 5th, 1971 UNLA 45.8.2 (C) on August 10th, 1984.
- The Eighth United Nations Conference on the Standardization of Geographical Names Berlin 27th August, 5th September 2002, E/CONF. 94/CRP. 87, Item 17 (a) of the provisional agenda has been based its decision of the discussion of ''Arabian Gulf versus the Persian Gulf'' on the reference ''TOPONYMY, the Lore, Laws and Language of GEOGRAPHICAL NAMES'' by Naftali Kadmon, Vantage press inc., New York, 2001, 333PP., 35 illustrations, ISBN 0-533-13531-1 chapter 8 ''Persian Gulf or Arabian Gulf?'', which argues that the use of Arabian Gulf in faulty.
- The United Nations Oceans and Law of the Sea Office uses only the term ''Persian Gulf'' in its legal documents.
- Form among the other instructions issued by the United Nations, the following samples can be named.
Circular No. CAB/1/87/63 dated 16.02.1987 of Managing Director of UNESCO.
ST/CSSER/29 dated Jan. 10,1990
AD/311/1/GEN dated March 5, 1991.
ST/CS/SER.A/29/ADD.1 dated Jan. 24, 1992
ST/CS/SER.A/29/ADD.2 dated Aug.18, 1994
ST/CS/SER.A/29/Rev.1 dated May 14,1999
In all the above-mentioned notes and circulars, it has been instructed that the water body existing at the south side of Iran be stated: PERSIAN GULF.
In all the important historical maps and Atlas whether modern or belonging to previous centuries, the water artery located at south of Iran has been registered as ''Persian Gulf''. In the Arabian countries too, it has always been named ''Persian Gulf'' up to the 70s. for instance, in the Atlas ''Alaragh fi Alkhavaret Alghadimeh'' by Dr. Ahmad Souseh (Baghdad 1959) including 40 maps among the Arabian sources of the Middle Ages. In more than 30 geographical, historical, literary, books or the books on interpretation of morals, and jurisprudence, the Muslims and Arab scientists have described ''Persian Gulf''. Such books as: Albaladan, History of Yaghoubi, Almaghari, Fotouhalsham, Fatholojam, written by Mohammad Ibn Omar (70 lunar calendar) and etc.
As of 1507 to 1960, at least in 10 contracts concluded among the countries such as Kuwait, Arabia, Ottoman, Oman, United Emirates, complied in English and Arabic, the name of ''Persian Gulf'' has been used. From among the aforesaid contracts the following can be mentioned:
1. General contract with Arabian Emirs on Jan. 8, 1820 between Sheikhs of United Emirates at ''Persian Gulf'', signed by General Cairo and 11 chiefs of Arab Tribes, the word: Alkhalij alfarsi has been used in the Arabic texts.
2. Contract of 1947 on Prohibition of Slaves Sales.
3. Permanent Contract of Peace in 1853.
4. Treaty of 1856 on Slaves Trade.
5. Contract on Independence of Kuwait (this deed was registered on June 19, 1961 with Secretariat of United Nations).
6. Treaty on Determination of Border Lines of Iraq and Kuwait (1996).
Also in the political and legal and economic accords concluded between United Emirates and the other countries during the year of 1806 to 1971, the word: Bahre Fars of ''Persian Gulf'' has been used.
Despite all mentioned above and lots of other documents and while the United Nations and all it's related international organizations as main official authorities are use the name ''Persian Gulf'' for this waterway, to my astonishment, IBA's Middle East office violates international legal principles by using the fake name of Arabian Gulf during it's short activities.
The dignity and mission of IBA as an international organization who advocates deep concepts of law and justice necessitates acting and behaving in accordance with the UN and international organizations practices and documents and being obliged to comply with the rules of international laws. This global celebrated institute is expected to enhance its supervision on local offices and members specially in Middle East to protect it's independence against the undue influence of some members and do not permit them to impair the IBA's credibility by their generous grants and donations which are obviously based on individual and political intentions.
Yours Sincerely,
SM. Jandaghi Kermanipour
President,
Iranian Central Bar Association
Up
Main Index
* IBA Madrid conference 2009
Wednesday 7
| We needed lawyers earlier How to help children testify IBA should act as clearing house What if Messi wanted to go to Real? The Rule of Lord |  |
Yesterday morning, Gerry McCann father of missing British girl Madeleine McCann told delegates and the worlds press that he should have sought legal advice earlier in the hunt for his daughter. Having talked listeners through his story, showing video footage from the BBC and some of the appalling headlines his family was subjected to, Gerry (far right) reflected on what he should have done differently.
If I look back on that time now, I would almost certainly have interacted with the press in the same way at the start, he said. The priority was to get information out about Madeleine and try to find her. But I would have drawn a clearer boundary between that investigation and us, the parents. I would have tried to prevent the media from photographing us or our other children in ways not related to the hunt for Madeleine. I would also have taken legal action sooner against the misleading stories in the press.
When Kate and Gerry McCann first returned to the UK from Portugal they were hounded by press. Any time they drove outside they had cameras pushed against the car windows and were followed. Both were photographed going running; Gerry was photographed on the golf course. Even last week Kate was photographed in a clothes store, years after Madeleines disappearance.
The other legal issue was the stories printed in the British papers that accused the McCanns of involvement in Madeleines disappearance. Gerry told the IBA delegates about one particular story that was a single line in the Portuguese press, blown up into a front-page headline in the UK, and then reported again in Portugal as something confirmed by The Times of London giving it much greater credibility.
The McCanns finally took legal action against the papers at the beginning of 2008, when several stories were run that just recycled old, false allegations. No newspapers defended the cases, either on the grounds of truth or responsible journalism, and published unprecedented apologies. Although there were damages awarded to both the McCanns and their friends, those went straight into the fund for Madeleines search and Gerry told the IBA audience the priority was just to stop those stories from distracting from the search.
Gerry emphasised that we should probably have got legal advice earlier, but we were just focused on finding Madeleine. You dont want to fight a war on two fronts if you can help it. Equally, we never got criminal law advice, which perhaps we should have done.
But it never occurred to us for a moment that that was necessary. Kelli Sager, a speaker from David Wright Tremaine in Los Angeles, pointed out that the UK system had worked: The papers stepped over the line and there was redress.
They suffered damages and had to apologise. Perhaps it should have happened sooner, but this clearly isnt a system that is broken. Others disagreed. Paul Tweed from Johnsons Solicitors in Northern Ireland said:
The deterrents are just not big enough for papers to be put off. The law here is really in development, certainly in Ireland and to a lesser degree in the UK. The damages are commercially small and facing the wrath of the Press Complaints Commission is not a threat. The paper may have to print the PCCs decision. Big deal.
Pre-emptive injunctions on publishing false stories are also difficult. Roger Mann (above left) of Damm & Mann in Hamburg said that an injunction against a story in Germany can take effect within 24 hours. But judges are unwilling to issue pre-emptive injunctions to stop publication for fear of curtailing the press.
But in Belgium, Herman Croux of Marx Van Ranst Vermeersch & Partners told the audience that people are taking action. Some weekly papers have been taken out of circulation, which costs the publishers a lot, and
one 20 million case concerning a doping allegation is about to reach judgement. Everyone is waiting eagerly to see what the decision is there, he said. Elsewhere, speakers were split about the role of investigative journalism as questions were fielded by co-chairs Mark Stephens and Nigel Tait (of Finers Stephens Innocent and Carter-Ruck respectively). Discussing his familys problems with invasion of privacy, Gerry McCann said that he would like to think any information that someone puts in the public domain is public, but everything else is considered private.
Kelli Sager disagreed. It just doesnt work that way. Investigative journalism plays a very important role in uncovering the truth, she said. Nigel Tait also pointed out that journalism has been important in revealing the parents as the guilty parties in other murder cases. He asked Gerry McCann whether the innocent have to pay a price for that investigation elsewhere. Julian Porter QC from Toronto thought that wasnt a fair question: Its one thing to be suspicious, quite another to assert without any evidence that parents were responsible for the murder of their child.
Gerry McCann, who handled himself with dignity and calm throughout, was happy to answer the question and asserted that it is the polices job to investigate, not the media. I think thats the point at which we differ.
Roger Mann and Herman Croux also spoke in defence of investigative journalism, though none of the speakers defended the actions of the English papers in the McCanns case. Paul Tweeds view was that it has to be a different type of investigation. The difference with the press is that they are the police, judge and jury. Its very dangerous.
Indeed, Gerry McCann made an appeal to the media, to remember that there are always real people at the centre of every case. Were not just characters.
The campaign to find Madeleine continues. For more information visit www.findmadeleine.com.
********************************************************
INTERNATIONAL CRIMINAL COURT
How to help children testify
The International Criminal Court (ICC) is pioneering a new, more sensitive court system. As people such as Thomas Lubanga Dyilo are put in the dock for their alleged use of child soldiers, the court is creating new
ways for children to give evidence.
Speaking at a session entitled Children as a weapon of war yesterday, Manoj Sachdeva (one of the prosecutors of Lubanga at the ICC) described how the court is adapting to help vulnerable witnesses tell their stories. It was clear from the outset that something other than the usual voice and face distortion, and pseudonym, was needed to permit those that we say were former child soldiers to give evidence, said Sachdeva. When the first witness took the stand, the child could see the accused and during the testimony appeared to be re-traumatised.
As was reported following the start of the trial, the prosecutions first witness claimed that he had lied about being kidnapped by Lubangas soldiers and that he had been told what to say to the court by an international
aid agency.
Under Article 68 of the Rome Statute, the court has a responsibility for the wellbeing and safety of the witness. To fulfill this, the ICC introduced several new protections to help witnesses give evidence. The ICC reduced the number of people in the court to one or two counsel per party.
The witness was admitted to court before the accused and positioned so as not to see the accused. And instead of the typical Q&A led by the prosecutor, the witness was allowed to narrate their story.
This more flexible environment could become a regular feature of the court. This is a process that can be used for other types of vulnerable witnesses, such as those that have suffered sexual assault, said Sachdeva in response to a question from the Daily News. Statements can also be submitted to the court as evidence to reduce court time, which can alleviate the trouble that some witnesses have when testifying.
However, the ICC cannot proof a witness (when the prosecutor discusses the witnesss statement and likely questions) before it gives evidence. The Court can however prepare the witness for the experience of giving evidence.
Witnesses typically arrive in The Hague at least a week before they are due to take the stand. They are given a tour of the court, told who will sit where and allowed to review their witness statement to refresh their memory of their evidence.
But this is not necessarily sufficient, according to Cecile Aptel (above), head of the children programme at the International Center for Transitional Justice.
The Hague is very far away from the crimes being committed. Its hard to ask witnesses to leave their small village, get in a car let alone a plane for the first time and then arrive in another country where the weather and food are drastically different, said Aptel. And these children are already traumatised.
She suggested that the ICC instead consider holding some of its hearings nearer to the place of the crime.
This was just one proposed change. The trials in Sierra Leone and those underway in The Hague have highlighted the need for improved communication with those affected by alleged war crimes. And, in cases where child soldiers have been deployed, this communication needs to be child friendly.
That would be improved by employing child protection experts to act for the ICC and by ensuring that the intermediaries that identify potential witnesses are reliable and suitably protected. Aptel also highlighted the dangers of using one charge to indict a suspected war criminal.
In the case of Lubanga, who has been charged specifically in relation to suspected use of child soldiers, Aptel argued that many other equally grave crimes were committed in his name and that he should also be tried for these.
If the charges are perceived as just a way to get Lubanga, people may not realise how serious the charges are and this will limit the ability of the ICC to change perceptions about the use of child soldiers, she said.
Speaking from the floor, Sarudzayi Njerere, deputy chair of Zimbabwe Lawyers for Human Rights, asked why Lubanga had not been charged with other crimes such as sexual slavery relating to abducted girls. With the case still ongoing, Sachdeva was not able to comment but Stuart Alford, a former UN prosecutor for East Timor and chair of the session), highlighted this matter as an issue to be discussed at next years IBA conference.
****************************************************************
Pro Bono
IBA should act as clearing house
The IBA should act as a clearing house for allocating pro bono work across the world, a leading lawyer has suggested. Horacio Bernardes-Neto, of Xavier Bernardes Bragana in Brazil, said that the greatest problem facing lawyers is that they want to perform pro bono but are often allocated cases that do not fall within their expertise.
He mused that if I did a pro bono divorce, it would probably be one of the worst divorces ever. He made this suggestion during Tuesday mornings Pro Bono and Access to Justice Committee panel. The global financial crisis has hit pro bono work hard, leaving many struggling to gain access to justice as lawyers scramble to generate revenue. But while the economy has hit the less fortunate hardest, now is the time for lawyers to change the world for the better and establish a new world order for pro bono, according to Bernardes-Neto.
One way to do this is to make the IBA responsible for allocating pro bono work. It would free up spare time for lawyers, ensuring that they can maintain billable hours, while offering their expertise to those who wouldnt otherwise have access to it. And the bigger pool of lawyers would make it less likely someone would be working in an area they didnt specialise in.
Fernando Pelez-Pier, IBA President, echoed the need for a focus on pro bono at the moment. He said lawyers should not shirk their responsibility to provide everyone with sufficient legal assistance. It is important to maintain our obligation to provide part of our time to pro bono. The commitment to it should come from partners right down to firstyear lawyers. This type of work is fundamental to being a lawyer and should not be ignored, he said. Joss Saunders, general counsel at Oxfam in the UK, urged lawyers to treat pro bono work in the same way as large clients, so it could be taken that one stage further.
He explained that there needs to be a shift in perspective. It is a question of analysing the problems that
society is facing, and then being up to the lawyers to identify the best solutions. Session co-chair Tim Soutar, of Clifford Chance in the UK, reiterated the sentiments made by Pelez-Pier and Saunders by calling
on lawyers to take advantage of the recession to offer their services to the neediest. Firms are restructuring, graduates are being deferred and partners are retiring early. With all this negative news, it is easy to think that access to justice is pretty bleak, but that is not the conclusion we should come to.
There was positive news from one speaker. David Hillard, of Clayton Utz in Australia, said achieving a balance of pro bono and billable work is possible. I think this type of work makes people feel better at work and reminds everyone that they got into law to give people access to justice. We experienced 20% growth in pro bono last year and there is no Australian law firm that has reduced its pro bono work.
But with lawyers in his firm only performing 45 hours of pro bono per year, Hillard was sceptical as to the likelihood of pro bono increasing even more. Most lawyers spend more time drinking coffee over a year, he said. If it gets any higher then the numbercrunchers will start asking questions and realize that these hours could be allocated to billable clients.
Other audience members were also keen to promote their pro bono operations at home. Most felt more was needed from international communities to ensure access to justice, but that state funding is the largest barrier to developing this practice further. Earlier, the panel had begun with an outline of the IBAs new pro bono website (www.internationalprobono.com). It brings together lawyers involved in pro bono work in a global and local scale. The site carries resources including calendars, training materials and videos.
Robin Wright Westbrook, the committees communications officer, explained that one exciting aspect of the website is the ability for pro bono lawyers to blog about their experiences. Around 80 people visit the blogs each week; they are proving to be an extremely popular resource.
The blogs cover individual countries and outline the opportunites and barriers to work. They are regularly updated and include comments from individual bar association pro bono committee members. Perhaps in the future it could even help the IBA allocate pro bono work.
******** *************************************************************
FOOTBALLERS RIGHTS
What if Messi wanted to go to Real?
Apparently, Lionel Messi wants to play for Real Madrid. Michael Gerlinger, Head of Legal at Bayern Munich certainly chose a controversial hypothetical example at a session on employment in international football yesterday morning.
So, Messi has been interviewed on television and expressly said that he wants to play for Real Madrid. What can a club do? In reality, the player is not going to terminate the contract himself. Despite the fact that it might be difficult to enforce, it is widely reported that Messis buyout clause is 250 million. Even a club of Reals magnitude would be hard pushed to pay that. But the player has set his heart on a move. In that situation Gerlinger stressed the lack of options available to the club. It could issue a written warning to the player so that if he said it again they would terminate, he said. But then the player would say it again and get his wish!
The session was a battlefield for pitching the problems for clubs against those of the players. Former player Theo Van Seggelen is General Secretary of FIFPro, the global representative association of professional footballers, and was eager to highlight the issues for the employees.
Everyone expects players to respect contracts, but clubs need to too, he said. Often players are pressured to sign a new contract or leave in the final part of their contract.
Or even very early in their contracts. Rafael van der Vaart only signed a new contract for Real Madrid last year, but in the last transfer window his hand was virtually forced. The club didnt issue him with a squad number.
It was only when other transfers occurred that the coach changed his mind and Van der Vaart was rescued. Players want to play football with the exception of Winston Bogarde, who was happy to sit on the bench at Chelsea for an estimated 40,000 ($63,600) per week.
A football player has to be treated as a normal employee and a normal human being, said Van Seggelen.
Gerlinger was keen to fight for the clubs though. In the summer his clubs star player, Franck Ribry, had his head turned when Real Madrid enquired about a transfer. Gerlinger had previously stressed the importance of solving problems early, so the sporting management of Bayern Munich held discussions with the player and the matter was resolved. Ribry stayed in Germany.
But Gerlinger recalled a conversation he had with Van Seggelen during that process: Theo came to me in the summer and asked: Why shouldnt Ribry join the club of his dreams? Because he had signed a four-year contract, Theo. We didnt want him to leave.
When talking about employment issues in football, it is easy to get distracted by the glamour of the elite players. We all want to know the intricate details of their contracts. But what about the 99% of professional footballers that dont earn much, and arguably need more flexibility to move as well as increased certainty of salaries? Well, they can take heart from the decisions coming out of Fifas Dispute Resolution Chamber (DRC), set up in 2001. The majority of the decisions passed in the chamber are in favour of employees the footballers, said Omar Ongaro, a representative from Fifa. The downside is that the DRC receives over 2000 disputes a year of which 900 are employment related. Of those, 300 receive a decision.
The major issue for the 99% is payment. Ongaro provided an interesting example. In January 2007 a player at an Estonian club signed a loan agreement to play for a Kuwaiti team for six months after passing a medical exam. He then took part in two weeks of training and two friendly games. The Kuwaiti club then asked him to have an MRI scan that revealed he had a serious knee condition, so asked the player to sign a different agreement. He refused and turned to Fifa to force the club to honour the contract he had signed.
The Kuwaitis claimed that they couldnt book an MRI scan before they signed the player and turned to a clause in the contract that allowed them to break the contract based on medical tests. But the DRC called on Fifas Regulations on the status and transfer of players. Article 18 paragraph 4 does not allow employment contracts to be made dependent on medical tests. Therefore the player had just cause for compensation.
Everyone expects players to respect contracts, but clubs need to too Theo van Seggelen
The Kuwaiti club suffered sporting sanctions including a ban on signing new players for two registration periods. And as Chelsea found out this summer, this is a rule that
*********************************************************************************
INTERVIEW: LORD BINGHAM
The Rule of Lord
Lord Bingham, former Senior Law Lord in the UK, discusses the Rule of Law
with Elizabeth Fournier, and tells her why hes been fixated on the subject for
more than three years
Lord Bingham first thought seriously about his interpretation of the rule of law back in 2006, before he was due to give the annual Sir David Williams lecture at University of Cambridge. He has, by his own admission, been thinking about the subject ever since.
Until July last year, Lord Bingham was the Senior Law Lord in the UK, the title given to the head of the judicial branch of the House of Lords. Lord Bingham held this position for eight years, during which time he was a was a vocal advocate for divorcing the judicial branch of the House of Lords from Parliament by setting up a new Supreme Court of the United Kingdom.
This was achieved through the Constitutional Reform Act in 2005, and Lord Binghams successor, Lord Phillips of Worth Matravers, took his seat as President of the new court when it opened last week.
Today, between 10.00 and 13.00, Lord Bingham will be the keynote speaker at the Rule of Law symposium, the annual IBA session run by its Rule of Law action group, established in 2007 to act on the IBAs continued commitment to address what it sees as the increasing erosion around the world of the rule of law.
His focus will be on what he considers to be the eight principles of a functional and effective rule of law, which he will soon publish in a book on the subject. Known for his fiery opinions and pertinent use of examples, his presence at the symposium looks set to make it a session worth waiting for.
1. The law must be accessible
Theres no point to entitlement if people dont know what the law is and how they can access it, says Bingham. This may sound like an obvious point to make, but with the volume and complexity of legislation that is produced today, just keeping up with the changes is more than most people are capable of. Add to that judgement documents totaling over 200 pages, and its easy to see why a seemingly trivial point is worth emphasising again and again.
To illustrate the problem, Bingham highlights an appeal case he heard about on the grapevine. The court was just about to give its judgement, he says, when someone present discovered that the piece of legislation they were contesting had been revoked seven years previously.
2. Matters should be governed by law, not discretion
If all the evidence leads to one conclusion, then no personal or outside influence should be able to alter that conclusion. But this does not mean that there cannot be exceptions. No discretion at all can be just as damaging as discretion that is badly judged. Take, for example, the case of an illegal immigrant seeking asylum. In such a case, discretion must be determined beforehand on compassionate grounds, and applied throughout a hearing. If discretion is applied with no such grounds then it is being used in the wrong way.
As with many of Lord Binghams tenets, this one can never be wholly fulfilled. As he said in his lecture at
University of Cambridge in 2006: There is in truth no such thing as an unfettered discretion, judicial or official, and that is what the rule of law requires.
3. Everyone should be considered equal before the law
With several notable exceptions, everyone should receive the same treatment before the law regardless of age, race or circumstance. Obvious exceptions include prisoners, children and the mentally ill, but outside of those categories Lord Binghams views are completely inclusive. There are still cases where minorities are treated differently, or their differences are highlighted unnecessarily as part of the case, he says, citing homosexuals, transsexuals and non-nationals as the unfortunate targets of such actions.
I emphatically disagree that human rights should be separate from the rule of law
4. Public power should be used only for its intended purpose
Public power must be used in good faith reasonable; fairly; and only for its correct purpose, says Bingham. Perhaps hes thinking back here to the case of Walter Wolfgang, the 87-year old anti-war protester that heckled then foreign secretary Jack Straw at the Labour party conference, and was subsequently held on anti-terrorism charges. At the time, Lord Bingham was vocal in his condemnation of the use of the law in this context. In a previous interview on the rule of law he has been quoted as saying that: powers should be exercised for the purposes for which they were conferred in the first place, and therefore a source of obvious concern and this would be multiplied worldwide would be if a power enacted to counter terrorism is used to arrest a heckler at a party conference.
5. The law should embrace the protection of human rights
Lord Bingham is unequivocal on this point: I emphatically disagree that human rights should be separate from the rule of law. Yet it is not an easy belief to impose, particularly given the lack of a globally agreed standard of human rights. Ascension to any international standard is a choice made at national level, and diverse moral and political agendas threaten UN conventions and make their transition into law impossible.
Theres no point to entitlement if people dont know what the law is and how they can access it
Banking
6. There must be machinery in place for the resolution of disputes
Differences of opinion will always arise, and when they do there should be adequate measures in place to resolve them, whether this is through mediation or in court. But the emphasis here is on the right of access to court that every person should have if and when they require it. This also raises the problem of the cost of providing courts and their staff. British courts have long been selffinancing, funded through the fees recovered from litigants. This means that costs can be passed onto those who use the courts, a concept that does not sit comfortably with Lord Bingham: The danger is that the cost of obtaining redress may lead to its being denied to some at least of those who need it.
7. State procedures in place for trying cases should be fair
This is despite the inevitable temptation, particularly to counsel, to resort to unfair tactics when fighting a case. Lord Bingham cites an example where a judge is shown a piece of evidence submitted in a case, but this evidence is not revealed to the opposing side until its too late for them to prepare a response.
Distorting a case in this way is common, but it does not serve the ultimate ambition of a fair trial.
8. States must observe their international duties
An impassioned critic of the legality of the Iraq war, its unsurprising that Lord Bingham believes that national governments should not be immune from the rule of law. The UN charter clearly states when force can be used, he says, and UN member states must respect and observe that. In a speech last year Lord Bingham called the Iraq war a serious violation of international law and accused the US and the UK of acting as vigilantes for the rest of the world. Looking further back, he describes the Suez expedition of 1956, where Britain, France and Israel launched a military attack on Egypt after the country nationalised the Suez Canal, as undoubtedly unlawful.
The Rule of Law symposium, with keynote speakers Lord Bingham of Cornwall and Judge Baltasar Garzn, will be held from 10.00 to 13.00, in the auditorium on the lower level (-4) of the Palacio Municipal de Congresos. It will be followed at 14.30pm by an open meeting of the IBA Rule of Law action group.
Up
Main Index
* Paris Bar Resolution/ Arrest of Peter Erlinder, American Colleague/
Rsolution du Barreau de Paris/ arrestation de Peter Erli
| English and French | |
Dear President, Dear Colleague,
I am writing on behalf of Mr Jean Castelain, President of the Paris Bar association. The Paris Bar Council has adopted, on June 1st, 2010, a Resolution condemning the recent arrest on May 28th, 2010 in Kigali (Rwanda) of ICTR Defence Counsel Peter Erlinder.
The Paris Bar Council considers it inadmissible that a lawyer be arrested and jailed for representing his or her client.
We believe that it is especially important for us to unite as a profession and to reiterate the particular role of lawyers in the promotion and protection of human rights.
Your support to this initiative is of a high importance in order to get a worldwide impact.
Sincerely Yours,
Anne Soulliac
----------------------------------------------------------------
M. le Prsident, Cher Confrre,
Je me permets de vous contacter au nom de Monsieur Jean Castelain, Btonnier de Paris. Lordre des avocats de Paris a adopt le 1er juin 2010, une Rsolution condamnant larrestation rcente, le 28 Mai 2010 de notre confrre amricain avocat de la dfense devant le tribunal pnal international pour le Rwanda Peter Erlinder.
Le Barreau de Paris considre inadmissible quun avocat puisse tre arrt et emprisonn pour avoir reprsent un client.
Il est particulirement important que nous puissions tous nous mobiliser pour rappeler le rle essentiel de lavocat.
Votre soutien cette initiative est donc particulirement important pour lui donner un impact mondial.
Je vous prie de croire, Monsieur le Prsident, Cher confrre, lexpression de mes sentiments confraternellement dvous et cordiaux.
Anne Soulliac
_____________________________________________________________
Anne Souleliac
Lawyer/ Avocat
Head of the human rights section/ Responsable droits de lHomme
Ordre des avocats de Paris
11 place dauphine
75001 Paris
Tel +33 (0) 1 44 32 49 43
asouleliac@avocatparis.org
***********************************************************
Rsolution Paris Bar Council June 1, 2010
The Paris Bar Council, co-founder of the International Criminal Bar and initiator of the Convention between Lawyers of the World, condemns in the strongest possible terms Peter Erlinder's arrest on May 28th, 2010 in Kigali (Rwanda). Peter Erlinder is defence counsel before the International Criminal Tribunal for Rwanda (ICTR), president of the association of the defence counsels of the ICTR and Lecturer in law to the William Mitchell College of Law, Saint Paul, Minnesota.
He was arrested on a charge of genocide ideology and genocide denial based on a Rwandan law which has been denounced by several human rights organizations as being widely disconnected from the crime of genocide and used as a means for political repression. He could be sentenced to several years imprisonment.
Peter Erlinder was in Kigali to represent his client, Mrs Victoire Ingabire Umuhoza, who happens to be opposing president Kagame in the forthcoming August Elections. She is also charged with denying genocide.
Peter Erlinder has recently filed a lawsuit in United States (Oklahoma) against Rwandan President Paul Kagame, which has been seen as a provocation.
The Paris Bar Council considers it inadmissible that a lawyer be arrested and jailed for representing his or her client.
There can be no justice if a State can silence lawyers for defendants whom it dislikes.
The Paris Bar Council asks the Rwandan Authorities to solemnly:
- immediately release Peter Erlinder
- dismiss charges against him
- cease from any obstruction and measure of intimidation intended to interfere with the work of criminal defence lawyers.
********************************************************************
Rsolution du Conseil de lOrdre- 1er juin 2010
Le Conseil de lOrdre des avocats de Paris, co-fondateur du Barreau Pnal International et initiateur de la Convention des Avocats du Monde, condamne fermement larrestation de Peter Erlinder le 28 mai 2010 Kigali (Rwanda). Peter Erlinder est avocat de la dfense devant le Tribunal pnal international pour le Rwanda (TPIR), prsident de lassociation des avocats de la dfense du TPIR et Professeur de droit au William Mitchell College of Law St. Paul, Minnesota.
Il est poursuivi pour ngation et occultation du gnocide Tutsien en vertu dune loi rwandaise qui a t dnonce par plusieurs organisations de dfense des droits de lHomme comme tant largement dconnecte du crime de gnocide lui-mme et utilise comme un outil de rpression politique. Il encourt une peine de plusieurs annes de prison.
Peter Erlinder se trouvait Kigali pour reprsenter Mme Victoire Ingabire Umuhoza, candidate hutu lors des prochaines lections face lactuel prsident Kagame, elle mme poursuivie pour ngation du gnocide.
Il a rcemment port plainte aux Etats-Unis (Oklahoma) contre le Prsident rwandais Paul Kagame quil accuse davoir fait abattre lavion du prsident Habyarimana. Cette plainte a t reue Kigali comme une provocation.
Le Conseil de lOrdre considre comme inadmissible le fait quun avocat puisse tre arrt et emprisonn dans lexercice de ses fonctions. Il ne saurait y avoir de justice digne de ce nom dans un pays qui tente de rduire au silence les avocats dont les causes dplaisent.
Le Conseil de lOrdre demande solennellement aux autorits rwandaises :
-de librer immdiatement Peter Erlinder
-de mettre fin aux poursuites diriges son encontre
-de cesser et faire cesser toute obstruction, toutes mesures dintimidation destines empcher les avocats de mener bien leur mission de dfense
Up
Main Index
2003 Iranian Bar Associations Union
No. 3, Zagros St., Argentina Sq., Tehran, Iran
Phone: +98 21 8887167-9 Fax: +98 21 8771340
Site was technically designed & developed by Nima Norouzi