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Tajikistan: arrest of lawyer is a threat to the independence of the profession, says ICJ - Asia-Plus | News from Tajikistan, Central Asia and the World

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Tajikistan: arrest of lawyer is a threat to the independence of the profession, says ICJ

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DUSHANBE, March 11, 2014, Asia-Plus — The International Commission of Jurists (ICJ) expressed concern at today’s arrest of Fakhriddin Zokirov, a defense lawyer who had represented the former Minister of Industry, Zayd Sayidov, who was recently convicted for a number of crimes including polygamy, receiving a bribe, rape, fraud, illegal confinement and sentenced to 26 years of imprisonment, a statement released by the ICJ on march 7 says.

The ICJ is concerned at reports that the arrest of the lawyer may be related to his active and robust defense of the former Minister in court.

According to the statement, lawyer Zokirov was arrested by the Agency for State Financial Control and Combating Corruption on charges of fraud in banking transactions, which allegedly took place several years ago.

Two other lawyers who defended the former Minister, Shuhrat Qudratov and Iskhoq Tabarov, announced at a press conference that they had recently faced various threats and intimidation in connection with the case.

The lawyers reported that the pressure on them had significantly increased in relation to a lawsuit which they brought against the head of the anticorruption agency, Fattoh Saidov.

They alleged that the head of the Agency threatened that if they did not drop the case, they would “share the dock” with their client, the former Minister.

“Abusive prosecutions of lawyers and threats against them in connection with their work are contrary to international standards on the independence of lawyers and undermine the integrity of the justice system”, Roisin Pillay, Director of the Europe Program, said on March 7.  “In the exercise of their profession, lawyers must remain free from intimidation, harassment, fear and arbitrary prosecution and arrest.  The ICJ calls on the authorities of Tajikistan to ensure that lawyers’ integrity is protected, and that the criminal justice system is not misused to intimidate them.”

Under the UN Basic Principles on the Role of Lawyers, lawyers must not be identified with their clients’ causes, and must be protected against attacks and intimidation, including prosecutions or administrative or other sanctions for action taken in accordance with their recognized professional duties, the statement notes.

Established in 1952, the International Commission of Jurists (ICJ) is an international human rights non-governmental organization.  The Commission itself is a standing group of 60 eminent jurists (including senior judges, attorneys and academics) dedicated to ensuring respect for international human rights standards through the law.  Commissioners are known for their experience, knowledge and fundamental commitment to human rights.  The composition of the Commission aims to reflect the geographical diversity of the world and its many legal systems.

The Commission is supported by an International Secretariat based in Geneva, Switzerland, and staffed by lawyers drawn from a wide range of jurisdictions and legal traditions.  The Secretariat and the Commission undertake advocacy and policy work aimed at strengthening the role of lawyers and judges in protecting and promoting human rights and the rule of law.

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