Report to Convocation September 27, Equity and Indigenous Affairs Committee/ Comité sur l équité et les affaires autochtones TAB 4

Transcription

1 TAB 4 Report to Convocation September 27, 2018 Equity and Indigenous Affairs Committee/ Comité sur l équité et les affaires autochtones Committee Members Dianne Corbiere (Chair) Isfahan Merali (Vice-Chair) Robert Burd Gisèle Chrétien Robert Evans Julian Falconer Avvy Go Marian Lippa Gina Papageorgiou Andrew Spurgeon Sidney Troister Tanya Walker Purpose of Report: Decision and Information Prepared by Equity Initiatives (Marian MacGregor ) 561

2 TABLE OF CONTENTS For Decision Human Rights Monitoring Group Requests for Intervention.. TAB 4.1 For Information Equity Legal Education Calendar... TAB

3 COMMITTEE PROCESS 1. The Equity and Indigenous Affairs Committee/Comité sur l équité et les affaires autochtones ( EIAC or the Committee ) met on September 13, Dianne Corbiere, Chair, Isfahan Merali, Vice-Chair, Robert Evans, Gina Papageorgiou, Andrew Spurgeon and Sidney Troister attended. Julian Falconer, Robert Burd and Tanya Walker attended by telephone. 2. M. Anne Vespry also attended in person. 3. Kathleen Lickers and Chief Myeengun Henry, Co-Chairs of the Indigenous Affairs Group ( IAG ), Nima Hojjati, Chair of the Equity Advisory Group ( EAG ), and Nadia Effendi, President of the Association des juristes d expression française de l Ontario ( AJEFO ) also attended. 4. Staff members Jim Varro, Marian MacGregor, Darcy Belisle and Laura Wilson Lewis were present. 5. Guests Fay Faraday, Acting Discipline and Harassment Counsel, Lai-King Hum, Alternate Discipline and Harassment Counsel, and Natasha Persaud, Alternate Discipline and Harassment Counsel were present. 563

4 FOR DECISION HUMAN RIGHTS MONITORING GROUP REQUEST FOR INTERVENTION 6. That Convocation approve the letters and public statements in the following cases: Rationale TAB 4.1 a. The arrest, detention, sentencing and charges against lawyer Nasrin Sotoudeh Iran letters of intervention and public statement presented at TAB 4.1.1; b. The detention of lawyer Haytham Mohamadeen Egypt letters of intervention and public statement presented at TAB 4.1.2; and c. The forced retirement of Chief Justice Malgorzata Gersdorf and 26 Supreme Court Justices Poland letters of intervention and public statement presented at TAB The request for interventions falls within the mandate of the Human Rights Monitoring Group (the Monitoring Group ) to: a. review information that comes to its attention about human rights violations that target members of the profession and the judiciary, here and abroad, as a result of the discharge of their legitimate professional duties; b. review information that comes to its attention about human rights violations that target human rights defenders in the same event or circumstances as a member of the legal profession or the judiciary as described in a) above; c. determine if the matter is one that requires a response from the Law Society; and d. prepare a response for review and approval by Convocation. Key Issues and Considerations 8. The Monitoring Group considered the following factors when making a decision about the letters and public statements above: a. there are no concerns about the quality of sources used for this report; and 1 564

5 b. the letters and public statements above fall within the mandate of the Monitoring Group. KEY BACKGROUND IRAN ARREST, DETENTION, SENTENCING AND CHARGES AGAINST LAWYER NASRIN SOTOUDEH Sources of Information 9. The background information for this report was retrieved from the following sources: a. Amnesty International; 1,2 b. Centre for Human Rights in Iran; 3 c. Council of Bars and Law Societies of Europe (CCBE); 4 d. Front Line Defenders; 5 e. Human Rights Watch Canada; 6,7,8 f. International Observatory of Human Rights; 9 and 1 Iran: Arrest of prominent human rights lawyer Nasrin Sotoudeh is an outrage, Amnesty International, online: < [Amnesty Sotoudeh]. 2 Iran: Husband of hunger-striking human rights lawyer Nasrin Sotoudeh arrested, Amnesty International, online: < [Amnesty Khandan] 3 Previously Imprisoned Human Rights Lawyer Nasrin Sotoudeh Refuses to Appear in Court, Centre for Human Rights in Iran, online: < [CHRI]. 4 Re: Arrest of lawyer Nasrin Sotoudeh, Council of Bars and Law Societies of Europe, June 15, 2018, online: < _Iran/2018/EN_HRL_ _Iran_Arrest-of-lawyer-Nasrin-Sotoudeh.pdf> [CCBE Sotoudeh Letter]. 5 Nasrin Sotoudeh Arrested, Front Line Defenders, online: < [FLD Sotoudeh]. 6 Iran: Prominent Rights Defender Arrested, Human Rights Watch Canada, online: < [HRWC Sotoudeh]; Amnesty Sotoudeh supra note 1. 7 Human Rights Watch Canada: < [HRWC New Charges]. 8 Human Rights Watch Canada: < [HRWC Choosing a Lawyer]. 9 International Observatory of Human Rights: < [IOHR]

6 Background g. The Law Society of England and Wales Nasrin Sotoudeh is a prominent human rights lawyer in Iran. 11 The Law Society has intervened on behalf of Nasrin Sotoudeh following her previous arrests and detention that resulted from her legitimate exercise of her professional duties. We have expressed our concerns in our letters to His Excellency Ayatollah Sayed Ali Khamenei dated September 2010 (TAB ) and October 30, 2013 (TAB ), and in our letters to His Excellency Dr. Hassan Rouhani dated October 30, 2013 (TAB ) and December 9, 2014 (TAB ). 11. Most recently, Nasrin Sotoudeh was arrested on June 13, 2018 in her home in Tehran, and was transferred to the prosecutor s office of Evin prison. 12 At the time of her arrest, Nasrin Sotoudeh was not aware or informed of the charges against her. 12. Reports indicate that Nasrin Sotoudeh has been detained to serve a five-year prison sentence she had received in absentia on September 3, The Iranian authorities had not previously informed Nasrin Sotoudeh about the charges, conviction or sentence nor made this information available through a public announcement Reports indicate that Nasrin Sotoudeh s conviction and subsequent sentence are based on her human rights activism. 15 Branch 28 of Tehran s revolutionary court s verdict against Nasrin Sotoudeh cited that she had carried out meetings [that] have taken place with a human rights cover to increase pressure of enemy governments [on Iran] and to condemn Iran as a human rights violators (sic). 16 The verdict also cited that Nasrin Sotoudeh publicly supported Step by Step to Stop the Death Penalty, an illegal nongovernmental organization dedicated to reducing executions in Iran. 17 Nasrin Sotoudeh s lawyers reported that they read a letter from the Intelligence Ministry s Office of Judicial Laws, which asked prosecutors to sentence her because she had resumed her soft war against the country...portraying the government in a negative light Despite unknowingly being sentenced in 2016, Nasrin Sotoudeh was not detained to serve her 2016 sentence until almost two years later. 10 The Law Society of England and Wales: < [LSEW Sotoudeh]. 11 HRWC Sotoudeh supra note Ibid; Amnesty Sotoudeh supra note HRWC Sotoudeh supra note 5; HRWC New Charges supra note Ibid. 15 HRWC New Charges supra note Ibid. 17 Ibid. 18 Ibid

7 15. Nasrin Sotoudeh was brought into custody for the 2016 conviction shortly after she represented her female client who had been arrested for removing her headscarf in public to protest Iran s compulsory dress code (hijab) laws On July 1, 2018, the prosecutor advised Nasrin Sotoudeh of new charges against her: propaganda against the state and assembly and collusion, in relation to her providing legal representation to her female client, previously mentioned. 20 Because Nasrin Sotoudeh s charges are politically-based, she is permitted to hire legal representation, but only from a list of twenty lawyers approved by the judiciary; according to Reza Khandan, Nasrin Sotoudeh s husband, Nasrin Sotoudeh has refused to retain a lawyer in protest On August 25, Nasrin Sotoudeh started a hunger strike to protest her detention, and the authorities harassment, threats and intimidation of her family and friends Reports indicate that on September 4, 2018, her husband, Reza Khandan, was arrested and charged with spreading propaganda against the system and colluding to commit crimes against national security. 23 In addition, he has been accused of promoting the practice of appearing in public without a veil. 24 EGYPT DETENTION OF LAWYER HAYTHAM MOHAMADEEN Sources of Information 19. The background information for this report was retrieved from the following sources: a. Amnesty International; 25 b. Council of Bars and Law Societies of Europe (CCBE); Ibid; HRWC Sotoudeh supra note 5; LSEW Sotoudeh supra note FLD Sotoudeh supra note 4; HRWC New Charges supra note CCBE Sotoudeh Letter supra note 3. FLD Sotoudeh supra note 4; HRWC Choosing a Lawyer supra note7; LSEW Sotoudeh supra note Amnesty Khandan supra note Ibid. 24 Ibid. 25 Egypt: Labour rights lawyer Haytham Mohamadeen arrested and held incommunicado, Amnesty International, online: < [Amnesty Mohamadeen]. 26 Re: Detention of lawyer Haytham Mohamadeen, CCBE, online: < _Egypte/2018/EN_HRL_ _Egypt_Detention-of-lawyer-Haytham-Mohamadeen.pdf> [CCBE Mohamadeen Letter]

8 c. Front Line Defenders; 27 d. Human Rights Watch; 28 e. Lawyers for Lawyers. 29 Background 20. Haytham Mohamadeen is a human rights and labour lawyer in Egypt. 30 Haytham Mohamadeen provides pro-bono legal aid to workers who have been persecuted for demanding better work conditions, and he is also a member of the El-Nadeem Centre for the Rehabilitation of Victims of Violence, an Egyptian NGO dedicated to fighting against torture and providing medical and legal aid to victims of human rights violations According to reports, on May 12, 2018, protests occurred over the rise of public transit fares. 32 Despite reports that Haytham Mohamadeen did not attend or participate in the protests, he was arrested at his home on May 15, 2018 by members of the police and National Security Agency. 33 Haytham Mohamadeen was charged with aiding a terrorist organization and calling for illegal protests under State Security Case no. 718/2018, as were twenty other individuals who have been accused of protesting. 34 Haytham Mohamadeen was detained in an undisclosed location until May 19, 2018, when he appeared before the Supreme State Security Prosecution. 35 At this appearance, the prosecutor ordered that Haytham Mohamadeen be detained for 15 days pending an investigation of his charges According to available information, Haytham Mohamadeen remains in detention at an undisclosed location Detention and Prosecution of Haytham Mohamadeen, Front Line Defenders, online: < [FLD Mohamadeen]. 28 Egypt: Activists Arrested in Dawn Raids, Human Rights Watch, online: < [HRW Mohamadeen]. 29 Haytham Mohamadeen arrested, Lawyers for Lawyers, online: < [L4L Mohamadeen]. 30 Amnesty Mohamadeen supra note 32; CCBE Mohamadeen Letter supra note Ibid; L4L Mohamadeen supra note Front Line Defenders supra note Ibid. 34 Ibid; L4L Mohamadeen supra note L4L Mohamadeen supra note Amnesty Mohamadeen supra note 32; CCBE Mohamadeen Letter supra note Ibid

9 POLAND FORCED RETIREMENT OF CHIEF JUSTICE MALGORZATA GERSDORF AND 26 SUPREME COURT JUSTICES Sources of Information 23. The background information for this report was retrieved from the following sources: Background f. Amnesty International; 38 g. Council of Bars and Law Societies of Europe (CCBE); 39 h. Human Rights Watch; 40 i. International Commission of Jurists; 41 j. Radio Free Europe Chief Justice Malgorzata Gersdorf was the head of the Supreme Court in Poland. 25. In July 2018, an amendment to the law that defines the mandatory retirement age for judges in Poland reduced the mandatory retirement age of Supreme Court judges from 70 to The amendment effectively dismissed 27 of 72 members of the judiciary including Chief Justice Gersdorf Chief Justice Malgorzata Gersdorf describes this change as a purge of the Supreme Court conducted under the guise of retirement reform. Observers have characterized it 38 Poland s Reluctant Hero, Amnesty International, online: < [Amnesty Hero]. 39 Statement from the President of the CCBE regarding the situation in Poland, Council of Bars and Law Societies of Europe, July 10, 2018, online: < > [CCBE Poland Letter]. 40 Poland s Power Grab: Judges at Top Court Forced Out in Fresh Blow to Justice System, Human Rights Watch, online: < [HRW Power Grab]. 41 Forced retirement of 27 Supreme Court Justices, International Commission of Jurists, online: < [ICJ Poland]. 42 Poland s Top Judge Defies Retirement Law, Radio Free Europe, online: < [Radio Free Europe]. 43 Amnesty Hero supra note 34; ICJ Poland supra note Amnesty Hero supra note 34; HRW Power Grab supra note 36; ICJ Poland supra note

10 as a move to silence dissenters, such as Chief Justice Gersdorf, and put the judiciary under political control Chief Justice Gersdorf has been repeatedly attacked in Poland s pro-government media for expressing her concerns over the future of the rule of law in Poland. 46 Chief Justice Gersdorf was also targeted by fifty Members of Parliament from the governing Law and Justice Party in March 2017, when they requested that the Constitutional Court examine the legality of her judicial appointment This amendment raises serious concerns regarding the rule of law and judicial independence in Poland. The Law Society has previously expressed concerns about the rule of law and independence of the judiciary in Poland in a public statement dated November (TAB ). 45 Amnesty Hero supra note 34; CCBE Poland Letter supra note 35; HRW Power Grab supra note 36; Radio Free Europe supra note Amnesty Hero supra note Ibid

11 PROPOSED LETTERS OF INTERVENTION AND PUBLIC STATEMENT HE Dr. Hassan Rouhani President of the Islamic Republic of Iran Palestine Avenue, Pasteur St., Pasteur Sq. Tehran, Islamic Republic of Iran Your Excellency: NASRIN SOTOUDEH Re: The arrest, detention and charges against lawyer Nasrin Sotoudeh I write on behalf of the Law Society of Ontario* to voice our grave concern over the arrest, detention and charges against lawyer Nasrin Sotoudeh. When serious issues of apparent injustice to lawyers and the judiciary come to our attention, we speak out. TAB Nasrin Sotoudeh is a prominent human rights lawyer in Iran. The Law Society has previously intervened on her behalf after she was arrested and detained for exercising her legitimate professional duties. We have expressed our concerns in our letters to His Excellency Ayatollah Sayed Ali Khamenei dated September 2010 and October 30, 2013, and in our letters to you dated October 30, 2013 and December 9, I enclose a copy of each letter for your ease of reference. We understand that Nasrin Sotoudeh was most recently arrested on June 13, 2018 in her home in Tehran, and was transferred to the prosecutor s office of Evin prison. At the time of her arrest, Nasrin Sotoudeh was not aware or informed of the charges against her. According to reports, Nasrin Sotoudeh has been detained to serve a five-year prison sentence she had received in absentia on September 3, The Iranian authorities had not previously informed Nasrin Sotoudeh about these charges, conviction or sentence nor made this information available through a public announcement. Reports indicate that Nasrin Sotoudeh s conviction and subsequent sentencing are based on her human rights activism. Branch 28 of Tehran s revolutionary court s verdict against Nasrin Sotoudeh cited that she had carried out meetings [that] have taken place with a human rights cover to increase pressure of enemy governments [on Iran] and to condemn Iran as a human rights violators (sic). The verdict also cited that Nasrin Sotoudeh publicly supported Step by Step to Stop the Death Penalty, an illegal non-governmental organization dedicated to reducing executions in Iran. Nasrin Sotoudeh s lawyers reported that they read a letter from the Intelligence Ministry s Office of Judicial Laws, which asked prosecutors to sentence her 1 571

12 because she had resumed her soft war against the country...portraying the government in a negative light... Despite unknowingly being sentenced in 2016, Nasrin Sotoudeh was not detained to serve her 2016 sentence until almost two years later. Reports state that Nasrin Sotoudeh was brought into custody for the 2016 conviction shortly after she represented a female client who had been arrested for removing her headscarf in public to protest Iran s compulsory dress code (hijab) laws. On July 1, 2018, the prosecutor advised Nasrin Sotoudeh of new charges against her: propaganda against the state and assembly and collusion, in relation to her providing legal representation to the female client previously mentioned. Because Nasrin Sotoudeh s charges are politically-based, she is permitted to hire legal representation, but only from a list of twenty lawyers approved by the judiciary; according to Nasrin Sotoudeh s husband, she has refused to retain a lawyer in protest. Reports indicate that on August 25, 2018, Nasrin Sotoudeh started a hunger strike to protest her detention and the harassment, threatening and intimidation of her family and friends by Iranian authorities. On September 4, 2018, Nasrin Sotoudeh s husband, Reza Khandan, who had been campaigning for her release, was arrested according to reports. The Law Society of Ontario is deeply troubled by Nasrin Sotoudeh s situation and urges Your Excellency to comply with Iran s obligations under international human rights laws, including the United Nations Basic Principles on the Role of Lawyers. Article 16 of the Basic Principles on the Role of Lawyers states: Article 17 states: 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, economics or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities. Furthermore, Article 23 provides: 2 572

13 Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. The Law Society urges the Government of Iran to: Yours truly, a. withdraw the charges against Nasrin Sotoudeh and her family members immediately and unconditionally; b. release Nasrin Sotoudeh and her family members, unconditionally, and ensure that they are returned home; c. ensure that Nasrin Sotoudeh and her family members are not subjected to torture or other ill-treatment, have regular, unrestricted access to family, lawyers of their choice, and medical care; d. guarantee in all circumstances the physical and psychological integrity of Nasrin Sotoudeh and her family members; e. guarantee that adequate reparation will be provided to Nasrin Sotoudeh and her family members if they are found to be victims of human rights abuses; f. ensure that all lawyers and judges in Iran are adequately safeguarded by the authorities such that they are able to carry out their professional duties and activities free from intimidation, hindrance, harassment, improper interference, the threat of criminalization, or other human rights violations; and g. ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments. Malcom M. Mercer Treasurer *The Law Society of Ontario is the governing body for more than 50,000 lawyers and 8,000 paralegals in the province of Ontario, Canada. The Treasurer is the head of the Law Society

14 The mandate of the Law Society is to govern the legal profession in the public interest by upholding the independence, integrity and honour of the legal profession for the purpose of advancing the cause of justice and the rule of law. cc: H.E. Gholam Ali Khoshroo Ambassador and Permanent Representative of the Islamic Republic of Iran to the United Nations 622 Third Avenue, 34 th Floor P.O. Box New York, NY USA Fax: + 1 (212) iran@un.int The Honourable Chrystia Freeland Minister of Foreign Affairs House of Commons Ottawa, Ontario K1A 0A6 chrystia.freeland@parl.gc.ca Alex Neve, Secretary General, Amnesty International Canada Andrew Anderson, Executive Director, Front Line Defenders Emma Achili, Head of European Union Office, Front Line Defenders Kenneth Roth, Executive Director, Human Rights Watch Farida Deif, Canada Director, Human Rights Watch Executive Director, Lawyers for Lawyers David F. Sutherland, Chair, Lawyers Rights Watch Canada Hina Jilani, President, Observatory for the Protection of Human Rights Defenders Michel Forst, Special Rapporteur on the situation of human rights defenders, Office of the United Nations High Commissioner for Human Rights Mónica Pinto, Special Rapporteur of the Human Council on the independence of judges and lawyers, Office of the United Nations High Commissioner for Human Rights 4 574

15 Roberta Taveri, International Human Rights Policy Adviser, The Law Society of England and Wales 5 575

16 Dear [Name], Proposed Letter to Lawyers Associations Re: The arrest, detention and charges against lawyer Nasrin Sotoudeh I write to inform you that on the advice of the Human Rights Monitoring Group*, the Law Society of Ontario sent the attached letter to His Excellency Dr. Hassan Rouhani, the President of the Islamic Repulic of Iran, expressing our deep concern over reports of the arrest, detention and charges against lawyer Nasrin Sotoudeh. We would be very interested in hearing from you in regard to the situation noted in the attached letter, whether your organization has intervened in this matter and whether we have misapprehended any of the facts in this case. Any further information you may have about the case would also be welcome. Please forward any further correspondence to the attention of Laura Wilson Lewis, Associate Counsel, Equity Initiatives, The Law Society of Ontario, 130 Queen St. West, Toronto, Ontario, Canada, M5H 2N6 or to lwilson@lso.ca. I thank you for your time and consideration. Sincerely, Teresa Donnelly Chair, Human Rights Monitoring Group * The Law Society of Ontario is the governing body for more than 50,000 lawyers and 8,000 paralegals in the province of Ontario, Canada. The Law Society is committed to preserving the rule of law and to the maintenance of an independent Bar. Due to this commitment, the Law Society established a Human Rights Monitoring Group ( Monitoring Group ). The Monitoring Group has a mandate to review information of human rights violations targeting, as a result of the discharge of their legitimate professional duties, members of the legal profession and the judiciary in Canada and abroad. The Human Rights Monitoring Group reviews such information and determines if a response is required of the Law Society. Letter to be sent to: Alex Neve, Secretary General, Amnesty International Canada Andrew Anderson, Executive Director, Front Line Defenders 6 576

17 Emma Achili, Head of European Union Office, Front Line Defenders Kenneth Roth, Executive Director, Human Rights Watch Executive Director, Lawyers for Lawyers David F. Sutherland, Chair, Lawyers Rights Watch Canada Hina Jilani, President, Observatory for the Protection of Human Rights Defenders Michel Forst, Special Rapporteur on the situation of human rights defenders, Office of the United Nations High Commissioner for Human Rights Mónica Pinto, Special Rapporteur of the Human Council on the independence of judges and lawyers, Office of the United Nations High Commissioner for Human Rights Roberta Taveri, International Human Rights Policy Adviser, The Law Society of England and Wales 7 577

18 PROPOSED PUBLIC STATEMENT The Law Society of Ontario expresses grave concern about the arrest, detention and charges against lawyer Nasrin Sotoudeh Toronto, ON The Law Society of Ontario expresses grave concern over the arrest, detention and charges against lawyer Nasrin Sotoudeh. When serious issues of apparent injustice to lawyers and the judiciary come to our attention, we speak out. Nasrin Sotoudeh is a prominent human rights lawyer in Iran. The Law Society has previously intervened on her behalf in September 2010, October, 2013, and December 9, 2014 after she was arrested and detained for exercising her legitimate professional duties. Reports indicate that Nasrin Sotoudeh was most recently arrested on June 13, 2018 in her home in Tehran, and was transferred to the prosecutor s office of Evin prison. At the time of her arrest, Nasrin Sotoudeh was not aware or informed of the charges against her. According to reports, Nasrin Sotoudeh has been detained to serve a five-year prison sentence she had received in absentia on September 3, The Iranian authorities had not previously informed Nasrin Sotoudeh about the charges, conviction or sentence nor made this information available through a public announcement. Reports indicate that Nasrin Sotoudeh s conviction and subsequent sentencing are based on her human rights activism. Branch 28 of Tehran s revolutionary court s verdict against Nasrin Sotoudeh cited that she had carried out meetings [that] have taken place with a human rights cover to increase pressure of enemy governments [on Iran] and to condemn Iran as a human rights violators (sic). The verdict also cited that Nasrin Sotoudeh publicly supported Step by Step to Stop the Death Penalty, an illegal non-governmental organization dedicated to reducing executions in Iran. Nasrin Sotoudeh s lawyers reported that they read a letter from the Intelligence Ministry s Office of Judicial Laws, which asked prosecutors to sentence her because she had resumed her soft war against the country...portraying the government in a negative light... Despite unknowingly being sentenced in 2016, Nasrin Sotoudeh was not detained to serve her 2016 sentence until almost two years later. Reports state that Nasrin Sotoudeh was brought into custody for the 2016 conviction shortly after she represented a female client who had been arrested for removing her headscarf in public to protest Iran s compulsory dress code (hijab) laws. On July 1, 2018, the prosecutor advised Nasrin Sotoudeh of new charges against her: propaganda against the state and assembly and collusion, in relation to her providing legal representation to the female client previously mentioned. Because Nasrin Sotoudeh s charges are politically-based, she is permitted to hire legal representation, but only from a list of twenty 8 578

19 lawyers approved by the judiciary; according to Nasrin Sotoudeh s husband, she has refused to retain a lawyer in protest. Reports indicate that on August 25, 2018, Nasrin Sotoudeh started a hunger strike to protest her detention and the harassment, threatening and intimidation of her family and friends by Iranian authorities. On September 4, 2018, Nasrin Sotoudeh s husband, Reza Khandan, who had been campaigning for her release, was arrested according to reports. The Law Society of Ontario is deeply troubled by Nasrin Sotoudeh s situation and urges Iran to comply with its obligations under international human rights laws, including the United Nations Basic Principles on the Role of Lawyers. Article 16 of the Basic Principles on the Role of Lawyers states: Article 17 states: 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, economics or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities. Furthermore, Article 23 provides: Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. The Law Society urges the Government of Iran to: a. withdraw the charges against Nasrin Sotoudeh and her family members immediately and unconditionally; b. release Nasrin Sotoudeh and her family members, unconditionally, and ensure that they are returned home; 9 579

20 c. ensure that Nasrin Sotoudeh and her family members are not subjected to torture or other ill-treatment, have regular, unrestricted access to family, lawyers of their choice, and medical care; d. guarantee in all circumstances the physical and psychological integrity of Nasrin Sotoudeh and her family members; e. guarantee that adequate reparation will be provided to Nasrin Sotoudeh and her family members if they are found to be victims of human rights abuses; f. ensure that all lawyers and judges in Iran are adequately safeguarded by the authorities such that they are able to carry out their professional duties and activities free from intimidation, hindrance, harassment, improper interference, the threat of criminalization, or other human rights violations; and g. ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments

21 TAB

22 582

23 TAB October 30, 2013 His Eminence, Ayatollah Sayed Ali Khamenei The Office of the Supreme Leader Islamic Republic Street End of Shahid Keshvar Doust Street, Tehran, Islamic Republic of Iran Office of the Treasurer Osgoode Hall 130 Queen Street West Toronto, Ontario M5H 2N6 tel fax Your Eminence: Re: Human Rights Lawyer Nasrin Sotoudeh and other lawyers in Iran I write on behalf of The Law Society of Upper Canada* further to our numerous letters addressed to you and the former President of Iran, His Excellency Mahmoud Ahmadinejad, sent over the last seven years. These letters have expressed our deep concern about ongoing human rights violations against lawyers in Iran, including the imprisonment of human rights lawyer Nasrin Sotoudeh. It is our understanding that Nasrin Sotoudeh was released on September 18, 2013, along with several other political prisoners. The grounds and conditions of her release remain unclear. Ms. Sotoudeh, a prominent human rights lawyer, is known for defending juveniles facing the death penalty, prisoners of conscience and young victims of abuse. In September 2010, Ms. Sotoudeh was arrested and in January 2011, she was sentenced to 11 years in prison, a 20-year ban on her legal practice and a 20-year ban on foreign travel on charges of acting against national security, collusion and propaganda against the regime, and membership in the Centre for Human Rights Defenders. An appeals court later reduced her sentence to six years. The Law Society of Upper Canada has followed Ms. Sotoudeh s case closely, along with cases of other lawyers in Iran. The Law Society of Upper Canada has repeatedly condemned the harassment of lawyers in Iran, including the treatment of Shirin Ebadi, Saleh Kamrani, Houtan Kian, Nasser Zarafshan, and Abdolfattah Soltani. We are pleased to learn that Nasrin Sotoudeh has been released; however we remain deeply concerned about the situation of lawyers who remain in prison due to the exercise of their legitimate professional duties. International human rights instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, state that respect for human rights is essential to advancing the rule of law

24 The Law Society of Upper Canada views the release of Ms. Sotoudeh as a step in the right direction. The Law Society urges the government of Iran to: Yours truly, a. put an end to all acts of harassment against Ms. Sotoudeh and other human rights defenders in Iran; b. release and guarantee in all circumstances the physical, psychological and professional integrity of lawyers whose detentions are arbitrary and aimed at impeding their human rights activities; c. take steps to ensure that lawyers and judges are not subjected to politically motivated sanctions as a result of their work; d. publicly recognize the importance, legitimacy and independence of the work of lawyers and judges; and e. continue to take steps to ensure that human rights and fundamental freedoms, in accordance with national human rights standards and international instruments, are respected in all circumstances. Thomas G. Conway Treasurer *The Law Society of Upper Canada is the governing body for some 45,800 lawyers and 5,100 paralegals in the Province of Ontario, Canada and the Treasurer is the head of the Law Society. The mandate of the Law Society is to govern the legal profession in the public interest by upholding the independence, integrity and honour of the legal profession for the purpose of advancing the cause of justice and the rule of law

25 TAB October 30, 2013 His Excellency Dr. Hassan Rouhani President-Elect Islamic Republic of Iran Your Excellency: Office of the Treasurer Osgoode Hall 130 Queen Street West Toronto, Ontario M5H 2N6 tel fax Re: Human Rights Lawyer Nasrin Sotoudeh and other lawyers in Iran I write on behalf of The Law Society of Upper Canada* further to our numerous letters addressed to the former President of Iran, His Excellency Mahmoud Ahmadinejad, and the Supreme Leader of Iran, His Eminence Ayatollah Sayed Ali Khamenei sent over the last seven years. These letters have expressed our deep concern about ongoing human rights violations against lawyers in Iran, including the imprisonment of human rights lawyer Nasrin Sotoudeh. It is our understanding that Nasrin Sotoudeh was released on September 18, 2013, along with several other political prisoners. The grounds and conditions of her release remain unclear. Ms. Sotoudeh, a prominent human rights lawyer, is known for defending juveniles facing the death penalty, prisoners of conscience and young victims of abuse. In September 2010, Ms. Sotoudeh was arrested and in January 2011, she was sentenced to 11 years in prison, a 20- year ban on her legal practice and a 20-year ban on foreign travel on charges of acting against national security, collusion and propaganda against the regime, and membership in the Centre for Human Rights Defenders. An appeals court later reduced her sentence to six years. The Law Society of Upper Canada has followed Ms. Sotoudeh s case closely, along with cases of other lawyers in Iran. The Law Society of Upper Canada has repeatedly condemned the harassment of lawyers in Iran, including the treatment of Shirin Ebadi, Saleh Kamrani, Houtan Kian, Nasser Zarafshan, and Abdolfattah Soltani. 585

26 We are pleased to learn that Nasrin Sotoudeh has been released; however we remain deeply concerned about the situation of lawyers who remain in prison due to the exercise of their legitimate professional duties. International human rights instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, state that respect for human rights is essential to advancing the rule of law. The Law Society of Upper Canada views the release of Ms. Sotoudeh as a step in the right direction. The Law Society urges the government of Iran to: Yours truly, a. put an end to all acts of harassment against Ms. Sotoudeh and other human rights defenders in Iran; b. release and guarantee in all circumstances the physical, psychological and professional integrity of lawyers whose detentions are arbitrary and aimed at impeding their human rights activities; c. take steps to ensure that lawyers and judges are not subjected to politically motivated sanctions as a result of their work; d. publicly recognize the importance, legitimacy and independence of the work of lawyers and judges; and e. continue to take steps to ensure that human rights and fundamental freedoms, in accordance with national human rights standards and international instruments, are respected in all circumstances. Thomas G. Conway Treasurer *The Law Society of Upper Canada is the governing body for some 45,800 lawyers and 5,100 paralegals in the Province of Ontario, Canada and the Treasurer is the head of the Law Society. The mandate of the Law Society is to govern the legal profession in the public interest by upholding the independence, integrity and honour of the legal profession for the purpose of advancing the cause of justice and the rule of law

27 TAB

28 588

29 589

30 590

31 TAB PROPOSED LETTERS OF INTERVENTION AND PUBLIC STATEMENT H.E. Abdel Fattah el-sisi President of the Arab Republic of Egypt Abdeen Palace El-Gomhoreya Square Rahbet Abdin, Abdeen Cairo, Egypt Your Excellency: HAYTHAM MOHAMADEEN Re: The detention of lawyer Haytham Mohamadeen I write on behalf of the Law Society of Ontario* to voice our grave concern over the detention of lawyer Haytham Mohamadeen. When serious issues of apparent injustice to lawyers and the judiciary come to our attention, we speak out. Haytham Mohamadeen is a human rights and labour lawyer in Egypt. He provides pro-bono legal aid to workers who have been persecuted for demanding better work conditions, and he is also a member of the El-Nadeem Centre for the Rehabilitation of Victims of Violence, an Egyptian NGO dedicated to fighting against torture and providing medical and legal aid to victims of human rights violations. According to reports, on May 12, 2018, protests occurred over the rise of public transit fares. Despite reports that Haytham Mohamadeen did not attend or participate in the protests, we understand that he was arrested at his home on May 15, 2018, by members of the police and National Security Agency. Haytham Mohamadeen was charged with aiding a terrorist organization and calling for illegal protests under State Security Case no. 718/2018, as were twenty other individuals who have been accused of protesting. Haytham Mohamadeen was detained in an undisclosed location until May 19, 2018, when he appeared before the Supreme State Security Prosecution. At this appearance, the prosecutor ordered Haytham Mohamadeen s detention for 15 days pending an investigation of his charges. Based on available information, we understand that Haytham Mohamadeen remains in detention at an undisclosed location. The Law Society of Ontario is deeply troubled by Haytham Mohamadeen s detention and urges Your Excellency to comply with Egypt s obligations under international human rights laws, including the United Nations Basic Principles on the Role of Lawyers

32 Article 16 of the Basic Principles on the Role of Lawyers states: Article 17 states: 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, economics or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities. Furthermore, Article 23 provides: Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. The Law Society urges the Government of Egypt to: a. immediately and unconditionally release Haytham Mohamadeen; b. pending his release, immediately disclose the whereabouts of Haytham Mohamadeen, and ensure that he is detained in an official place of detention, is not subjected to torture or other ill-treatment, has regular unrestricted access to his family, lawyers of his choice, and medical care on request or as necessary; c. pending his release, ensure that during his detention, Haytham Mohamadeen is treated in accordance with applicable international standards; d. ensure that all lawyers and judges in Egypt are adequately safeguarded by the authorities such that they are able to carry out their professional duties and activities free from intimidation, hindrance, harassment, improper interference, the threat of criminalization or other human rights violations; and 2 592

33 Yours truly, e. ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments. Malcom M. Mercer Treasurer *The Law Society of Ontario is the governing body for more than 50,000 lawyers and 8,000 paralegals in the province of Ontario, Canada. The Treasurer is the head of the Law Society. The mandate of the Law Society is to govern the legal profession in the public interest by upholding the independence, integrity and honour of the legal profession for the purpose of advancing the cause of justice and the rule of law. cc: Mr. Moataz Mounir Moharram Zahran Ambassador of the Arab Republic of Egypt 454 Laurier Avenue East Ottawa, Ontario K1N 6R3 Fax: +1 (613) / Egyptemb@sympatico.ca Egyptian Bar Association 49A Ramses Street Cairo, Egypt Tel: +20 (2) The Honourable Chrystia Freeland Minister of Foreign Affairs House of Commons Ottawa, ON K1A 0A6 Canada chrystia.freeland@parl.gc.ca The Honourable Jess Dutton, Canadian Ambassador of Canada to the Arab Republic of Egypt, The Embassy of Canada to Egypt Alex Neve, Secretary General, Amnesty International Canada Andrew Anderson, Executive Director, Front Line Defenders 3 593

34 Emma Achili, Head of European Union Office, Front Line Defenders Kenneth Roth, Executive Director, Human Rights Watch Farida Deif, Canada Director, Human Rights Watch Executive Director, Lawyers for Lawyers David F. Sutherland, Chair, Lawyers Rights Watch Canada Hina Jilani, President, Observatory for the Protection of Human Rights Defenders Michel Forst, Special Rapporteur on the situation of human rights defenders, Office of the United Nations High Commissioner for Human Rights Mónica Pinto, Special Rapporteur of the Human Council on the independence of judges and lawyers, Office of the United Nations High Commissioner for Human Rights Roberta Taveri, International Human Rights Policy Adviser, The Law Society of England and Wales 4 594

35 Dear [Name], Proposed Letter to Lawyers Associations Re: The detention of lawyer Haytham Mohamadeen I write to inform you that on the advice of the Human Rights Monitoring Group*, the Law Society of Ontario sent the attached letter to His Excellency Abdel Fattah el-sisi, the President of the Arab Republic of Egypt, expressing our deep concern over reports of the detention of lawyer Haytham Mohamadeen. We would be very interested in hearing from you in regard to the situation noted in the attached letter, whether your organization has intervened in this matter, and whether we have misapprehended any of the facts in this case. Any further information you may have about the case would also be welcome. Please forward any further correspondence to the attention of Laura Wilson Lewis, Associate Counsel, Equity Initiatives, The Law Society of Ontario, 130 Queen St. West, Toronto, Ontario, Canada, M5H 2N6 or to lwilson@lso.ca. I thank you for your time and consideration. Sincerely, Teresa Donnelly Chair, Human Rights Monitoring Group * The Law Society of Ontario is the governing body for more than 50,000 lawyers and 8,000 paralegals in the province of Ontario, Canada. The Law Society is committed to preserving the rule of law and to the maintenance of an independent Bar. Due to this commitment, the Law Society established a Human Rights Monitoring Group ( Monitoring Group ). The Monitoring Group has a mandate to review information of human rights violations targeting, as a result of the discharge of their legitimate professional duties, members of the legal profession and the judiciary in Canada and abroad. The Human Rights Monitoring Group reviews such information and determines if a response is required of the Law Society. Letter to be sent to: Alex Neve, Secretary General, Amnesty International Canada Andrew Anderson, Executive Director, Front Line Defenders 5 595

36 Emma Achili, Head of European Union Office, Front Line Defenders Kenneth Roth, Executive Director, Human Rights Watch Executive Director, Lawyers for Lawyers David F. Sutherland, Chair, Lawyers Rights Watch Canada Hina Jilani, President, Observatory for the Protection of Human Rights Defenders Michel Forst, Special Rapporteur on the situation of human rights defenders, Office of the United Nations High Commissioner for Human Rights Mónica Pinto, Special Rapporteur of the Human Council on the independence of judges and lawyers, Office of the United Nations High Commissioner for Human Rights Roberta Taveri, International Human Rights Policy Adviser, The Law Society of England and Wales 6 596

37 PROPOSED PUBLIC STATEMENT The Law Society of Ontario expresses grave concern about the detention of lawyer Haytham Mohamadeen Toronto, ON The Law Society of Ontario expresses grave concern over the detention of lawyer Haytham Mohamadeen. When serious issues of apparent injustice to lawyers and the judiciary come to our attention, we speak out. Haytham Mohamadeen is a human rights and labour lawyer in Egypt. He provides pro-bono legal aid to workers who have been persecuted for demanding better work conditions, and he is also a member of the El-Nadeem Centre for the Rehabilitation of Victims of Violence, an Egyptian NGO dedicated to fighting against torture and providing medical and legal aid to victims of human rights violations. According to reports, on May 12, 2018, protests occurred over the rise of public transit fares. Despite reports that Haytham Mohamadeen did not attend or participate in the protests, he was arrested at his home on May 15, 2018, by members of the police and National Security Agency. Haytham Mohamadeen was charged with aiding a terrorist organization and calling for illegal protests under State Security Case no. 718/2018, as were twenty other individuals who have been accused of protesting. Haytham Mohamadeen was detained in an undisclosed location until May 19, 2018, when he appeared before the Supreme State Security Prosecution. At this appearance, the prosecutor ordered Haytham Mohamadeen s detention for 15 days pending an investigation of his charges. Based on available information, we understand that Haytham Mohamadeen remains in detention at an undisclosed location. The Law Society of Ontario is deeply troubled by Haytham Mohamadeen s detention and urges the Government of Egypt to comply with its obligations under international human rights laws, including the United Nations Basic Principles on the Role of Lawyers. Article 16 of the Basic Principles on the Role of Lawyers states: Article 17 states: 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, economics or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics