Belgium, (Brussels Morning Newspaper) Lawyers in a delicate situation in 2023. On the 24 of January, the international bars association announced that 2023 was dedicated to the situation of lawyers in Afghanistan.
The Afghanistan Independent Bar Association relaunch its activities on the occasion of the day of the endangered Lawyers, in exile from Brussels.
The press conference took place at the Press Club in Brussels in January, with the participation of different countries, the Council of Bars and Law Societies of Europe (CCBE), the French Bar, and the Independent Bar Association of Afghanistan (IBA) which is relaunching its activities in exile from Brussels.
CCBE President Panagiotis Perakis opened the press conference by calling on “the world’s bars to support lawyers from Afghanistan and the continued existence of (AIBA) and its activities, but the good news is now in exile”.
On the occasion of International Lawyers in danger Day, the CCBE is pleased to announce the official reopening of AIBA in exile, which will allow it to focus on its future activities to support its members in exile and in Afghanistan.
Ruhullah Qarizada, the president of the Independent Bar Association of Afghanistan, stated that the AIBA is essential to the administration of justice, upholding the rule of law, and defending the rights of citizens. Additionally, by participating in the government’s legislative initiatives, such as the revision of Afghanistan’s penal code, the bar association has contributed significantly to the advancement of human rights and international law.
Accompanied by a consultant, he reports on the situation of lawyers and the judicial system in Afghanistan since the Taliban took power and stresses that AIBA is crucial for the independence of lawyers and the return to the rule of law.
He continued by saying that many others had been pushed into hiding and that more than 100 defense attorneys had been caught and arrested. Since November 2021, the Taliban has prohibited the operations of more than 6,000 AIBA members, including female attorneys, leaving them with an unclear future. Incapable of engaging in lawful activities and facing an unclear future, over 25% of AIBA’s female members are forced to stay at home.
A day after the edict was issued, according to Qarizada, a group of Taliban soldiers invaded the AIBA office in Kabul, threatening the employees and members of the Bar Association with violence and ordering them to leave. The Bar Association’s database, which contains the personal and professional details of over 2,500 AIBA lawyers and staff members, was also taken by the Taliban.
“These documents contain identities (including names of family members), home addresses, phone numbers, cases they have worked on and presented, details on prosecutors and judges, and the attorney’s affiliation with government and international organizations,” he stated.
The Taliban, who have also “taken control of AIBA’s bank accounts and cash,” has a real chance of retaliating through the release of prisoners, according to this database.
Mr. Qarizada urged his international colleagues to continue to support lawyers in Afghanistan and to:
- Provide immediate assistance to defense lawyers in danger, such as providing a safe place and facilitating their transfer to a safe country.
- Recognize the plight of female defense attorneys or lawyers.
- Put international pressure on the Taliban to respect the basic rights of individuals.
- Collaborate and support the Forum’s programs from a distance, as it is a new institution that needs your urgent and continuous support.
According to AIBA, 7 of its members have been killed since its dissolution and 146 lawyers have been arrested or are under investigation. Many of their colleagues have been forced to flee the country or go into hiding with their families to escape the Taliban.
Emmanuel Plasschaert, president of the Brussels Bar Association, discussed during this news conference the specific assistance provided by the Brussels Bar Association in the establishment of an association under Belgian law and the provision of space for AIBA. He declared that we would keep supporting the independent Afghan Bar Association, its members, and the judiciary’s independence.
Claudio Visco, the International Bar Association’s vice president describes the circumstances surrounding the reopening of AIBA in exile and the help given by the IBA, including ongoing support for the development of a new website for AIBA and additional support as needed. And the need to keep advancing the rule of law, safeguarding fundamental rights, and stopping violations of human rights.
On January 24, the International Day of the Lawyer in Endangered, Margaret Satterthwaite, the UN Special Rapporteur on the Independence of Judges and Lawyers, showed her support and posted the following message on her Twitter page: I concur with you in expressing our serious worry about Afghanistan judges and attorneys, particularly women. The global community can and must support them much more.
Additionally, the two UN experts made a joint statement on the UN website pleading for immediate assistance and support. Afghanistan’s legal community is in grave danger and urgently needs foreign assistance.
The Special Rapporteurs on the situation of human rights in Afghanistan and the independence of judges and lawyers said today that: “Lawyers, judges, prosecutors, and other actors involved in the judicial system in Afghanistan face serious security risks, and those lawyers who still practice must navigate a profoundly challenging and non-independent system.
AIBA cited abuses of human rights in a press release. The purpose of AIBA is to give its members a platform and a voice, and to serve as a coordinating body for the cooperation of lawyers, including through offering services to the legal community. As part of its efforts to protect its members, the organization serves as a focal point for international assistance programs for lawyers whose lives are in danger, especially those in Afghanistan. To educate the world about the situation in Afghanistan, in particular the state of the legal system, the rule of law, and the protection of human rights.
The Taliban Ministry of Justice stated in the other section of this news release that Afghan lawyers will need to recertify in accordance with a new set of standards it has created. This examination, which has little to do with the real practice of law, “basically tests the lawyers’ knowledge of religion.” In terms of the status of women, not a single female lawyer has received a license from the Taliban. Female attorneys have submitted applications for license renewal, just like their male counterparts.
Lawyers no longer have the independence they enjoyed under the previous government and have simply been turned into agents of the current regime. The decree also stipulates that only Taliban-approved lawyers can appear in court and that lawyers must be “honest and loyal to the Islamic Emirate.
As a reminder, the Afghan Independent Bar Association (AIBA) was officially established in July 2008 by the Lawyers’ Law. AIBA is headquartered in Kabul and has five regional offices located in the provincial capitals of Balkh, Herat, Kandahar, Kunduz, and Nangarhar to help strengthen the legal aid sector in these areas, added in this press release.
In this section of the press release, the IBA discusses how important collaboration is to these efforts and how it is collaborating with its global partners, like the CCBE, to ensure the success of the new exile bar. As a result, we are therefore delighted to be there when the Bar Association announces plans for permanent headquarters. We also look forward to continuing to collaborate with everyone who wants to see the rule of law restored in Afghanistan in the future.
In previous editions, the day of Lawyers in Endangered, Day has focused on the situation of lawyers in Azerbaijan, China, Egypt, Honduras, Iran, the Philippines, Spain (Basque Country), Turkey (twice), Pakistan, and Colombia (twice).
