An appeal for safety of lawyers and judges - Atty. Lorna Patajo-Kapunan

See - https://businessmirror.com.ph/2019/09/30/an-appeal-for-safety-of-lawyers-and-judges/


An appeal for safety of lawyers and judges
By Atty. Lorna Patajo-Kapunan
-September 30, 2019



Concern over the escalation of attacks against lawyers and judges in the Philippines has prompted the issuance by lawyers’ organizations worldwide of the statement reproduced hereunder: It is hoped that our Philippine government and our justice system heed the recommendation.
‘The Philippines: Attacks against lawyers escalating’

“September 17, 2019—We, the undersigned organizations, lawyers and members of the legal profession, express deep concern over the increasing attacks against lawyers in the Philippines and the oppressive working environment they face since the start of President Duterte’s administration. We call on the Duterte administration to adequately protect the safety and independence of lawyers and end the culture of impunity in which these attacks occur.
Extrajudicial killings and harassment of lawyers

Since President Duterte took office on June 30, 2016, the number and intensity of attacks against lawyers have increased significantly. At least 41 lawyers and prosecutors were killed between July 2016 and September 5, 2019, including 24 practicing lawyers. Lawyers are also harassed and intimated. They are subjected to (death) threats, surveillance, labeling and other forms of attacks. In addition, at least five judges and retired judges have been murdered since July 2016, bringing the total number of jurists extrajudicially killed in the Philippines to at least 46 in the same period. Eight jurists survived attacks on their life.
Lawyers at risk

Most killings and attacks of lawyers took place as a result of discharging professional duties or are believed to be otherwise work-related. Especially at risk are lawyers representing people accused of terrorist or drug-related crimes, or government critics, such as journalists, political opposition leaders, and human-rights defenders. Lawyers providing legal representation in high-profile cases impacting established interests, such as land reform, or lawyers taking part in public discussion about human-rights issues, also face reprisals.
Grave implications of threats and labeling

United Nations High Commissioner for Human Rights Michelle Bachelet recently noted that senior officials of the government of the Philippines have threatened lawyers and others who have spoken out against the administration’s policies, and she added that this “creates a very real risk of violence against them, and undermines rule of law, as well as the right to freedom of expression.”
Prior to being attacked some lawyers were labeled as “communist” or “terrorists” by the state.

Concerned with the sharp deterioration of the human-rights situation, 11 UN human-rights experts, in a June 7, 2019, press release, called on the UN Human Rights Council to establish an independent investigation into human-rights violations committed in the Philippines. “Instead of [the government] sending a strong message that these killings and harassment are unacceptable, there is a rising rhetoric against independent voices in the country and ongoing intimidation and attacks against voices who are critical of the government, including independent media, human-rights defenders, lawyers and journalists, the experts said.
Culture of impunity

The UN experts also noted that “the government has shown no indication that they will step up to fulfill their obligation to conduct prompt and full investigations into these cases, and to hold perpetrators accountable in order to do justice for victims and to prevent reoccurrence of violations.”
Consequences

The attacks against and extra-judicial killings of lawyers and the impunity shielding perpetrators impair the ability of lawyers to provide effective legal representation, make lawyers increasingly wary of working on sensitive cases, and consequently severely undermine the proper functioning of the rule of law and the adequate protection of rights, including the right to remedies and fair trial.
International obligations

According to the United Nations Basic Principles on the Role of Lawyers (UN Basic Principles), States should ensure that all persons within their jurisdiction have effective and equal access to lawyers of their own choosing, and that lawyers are able to perform their professional functions without intimidation, hindrance, harassment or improper interference. The Basic Principles require that lawyers are adequately protected when their security is threatened because of carrying out their legitimate professional duties, and not be identified with their clients or their clients’ causes. The Basic Principles affirm that lawyers, like other citizens, are entitled to freedom of expression and assembly. The duty to respect and guarantee these freedoms forms an integral part of the Philippines’ international legal obligations under the International Covenant on Civil and Political Rights.
Recommendations

In view of the above, the undersigned organizations and individuals urge the government of the Philippines to:

1. Investigate promptly, effectively, thoroughly and independently all extrajudicial killings and attacks against lawyers, and other jurists, with the aim of identifying those responsible and bringing them to justice in proceedings that respect international fair trial standards.

2. Take all reasonable measures to guarantee the safety and physical integrity of lawyers, including the provision of adequate protection measures, in consultation with the person concerned;

3. Consistently condemn all forms of threats and attacks against lawyers publicly, at all political levels and in strong terms; and

4. Fully comply with and create awareness about the core values underlying the legal profession, among others by bringing the UN Basic Principles on the Rule of Lawyers to the attention of relevant stakeholders, especially members of the executive, police and the military.
Organizations:

Advocaten zonder Grenzen (Netherlands), European Association of Lawyers, Afrika Judges and Jurists Forum, Agora International Human Rights Group (Russia), Amsterdam Bar Association (Netherlands), The Arrested Lawyers Initiative (Turkey), Asian Human Rights Commission, Asian Legal Resources Center, Association of Lawyers for Freedom, Avocats Sans Fontieres Belgigue, Avocats Sans Frontieres (Suisse), Bar Human Rights Committee of England & Wales, Barcelona Bar Association, Berlin Bar Association, Cameroon Bar Association, China Human Rights Lawyers Concern Group, Confederation of Lawyers of Asia Pacific, French National Bar, Council of Bar and Law Societies of Europe, Croatian Bar Association, Defense sans Fronteire—Avocats Solidaires, Democratic Lawyers Association of Pakistan, Ilustre Colegio de Abogados de Lima Sur (Peru), Indian Association of Lawyers (Member of Colab), International Association of Democratic Lawyers, International Association of Lawyers, International Association of Peoples’ Lawyers, International Association of Young, International Bar Associations’ Human Rights Institute, International Commission of Jurists, International Observatory for Lawyers in Danger, Japan Lawyers International Solidarity Association, Rechter Voor Rechters Judges for Judges (Netherlands), I’Institut des droits de I’homme des Avocats europeens, Law Bureau of the Oppressed—Ezillenlerin Hukuk Burosu, Law Council of Australia, The Law Society of England and Wales, Law Society of Ontario (Canada), Lawyers Association RAV (Germany), Lawyers for Lawyers (Netherlands), Lawyers Right Watch Canada, Le Barreau du Kasai Central (Congo), Lithuanian Bar Association, Luxembourg Bar Association—Barreau de Luxembourg, Media and Law Studies Association (Turkey), MINBYUN—Lawyers for a Democratic Society of the Republic of Korea, National Bar of Attorneys-at-law in Poland, Nepal’s Lawyers Association, The Association of the Bar of the City of New York (United States), Orde Van Advocaten Den Haag—The Hague Bar Association (Netherlands), Bar Association North Netherlands, Paris Bar—Barreau de Paris (France), Southern Africa Litigation Centre, Surinamse Orde van Advocaten—Surinam Bar Association, Swedish Bar Association, Thai Lawyers for Human Rights (Thailand), The Norwegian Bar Association, Human Rights Committee, Vietnamese Lawyers Association, Zimbabwe Lawyers for Human Rights.”