Category: News

Head of Chambers, Lord Gifford QC, appeared as lead counsel before the Caribbean Court of Justice (CCJ) in an application filed by Maurice Tomlinson against the Governments of Trinidad and Tobago and Belize.  Mr Tomlinson is a prominent Jamaican gay activist and attorney, working as Legal Advisor to AIDS-Free World in the Caribbean region.  The Immigration Acts of Trinidad and Tobago and Belize both include “homosexuals” as a class of prohibited immigrant: Mr Tomlinson has been invited to attend seminars and conferences in both countries but is unable to accept because of these laws.

The Treaty binding the Caribbean Community (CARICOM) commits each member state to the goal of free movement within the Community, with a specific right accorded to university graduates.  The CCJ has jurisdiction to determine disputes under the Treaty; an individual may apply to the CCJ if his or her government will not take up the case.  Mr Tomlinson has therefore applied to the CCJ for redress for the violation of his right to freedom of movement, as the Government of Jamaica has refused to act on his behalf.

At a recent preliminary hearing, held through a video link, the Court gave directions for a full hearing of the application for special leave to commence proceedings as an individual, to take place in November 2013.  It is hoped that the action can lead to the repeal of these discriminatory laws.

On 3rd July 2013, Jackie Bond successfully represented four members of the same family in a judicial review of the decision of the Identity and Passport Service to seize British passports belonging to three members of the family, and to refuse to issue a passport to the fourth member of the family. The decision was quashed and remitted to the Secretary of State for the Home Department.  The full text of the Judgment is available here.

Jemma Levinson‘s client was unanimously acquitted following a ten week trial at Oxford Crown Court, which concerned the alleged sexual abuse and grooming of a young complainant.

Read press coverage of the case here.

The European Court of Human Rights today held in the case of Vinter & Others v United Kingdom that whole life tariffs, without scope for review, breach Article 3 ECHR.  Gwawr Thomas was invited to appear on today’s edition of Taro’r Post, a Welsh language current affairs programme broadcast on BBC Radio Cymru, to comment on the implications of the judgment and to debate whether ‘life ought to mean life’.

Lord Gifford QC, Gwawr Thomas and Siobhán Lloyd were amongst the signatories to a letter to The Times, on the occasion of President Santos’ recent visit to the UK.  The letter urged the President to ensure the effective protection of human rights lawyers in Colombia.  Fifty one Colombian human rights defenders have been assassinated in the last two years; many more have received threats to themselves or their families, or fallen victim to repressive measures hindering their ability to practice, such as interception of privileged communications or groundless disciplinary investigations.

Gwawr and Siobhán both travelled to Colombia in September 2012, as part of the Third International Caravana of Jurists.  The delegation’s report into continuing threats to the rule of law was launched last month, and can be viewed here.

The conviction of Victoire Ingabire, the opposition politician defended by Iain Edwards before the Supreme Court in Rwanda, has received a great deal of international attention and condemnation in recent months. The first instance trial has been criticised by Amnesty International in a dedicated report entitled Justice in Jeopardy: The First Instance Trial of Victoire Ingabire for failing to meet certain international fair trial standards. Human Rights Watch has also denounced the trial as being flawed and politically motivated.

On 23 May, the European Parliament adopted a resolution expressing its “deep concern at the initial trial of Victoire Ingabire” and strongly condemning “the politically motivated nature of the trial, the prosecution of political opponents and the prejudging of the trial outcome.”

Iain has been representing Mrs Ingabire since October 2010. The appeal before the Rwandan Supreme Court is about to enter its 12th week.

In 1970 Anthony Gifford’s law centre showed how Legal Aid could be transformative, but now the system is in danger.  Read Anthony’s comments on the changes being proposed and how they will affect everyone:

• The Guardian

Satnam Bains organised and presented at the recent “Campaign Against the Death Penalty in India” conference.

“The death penalty is judicial murder”
Former Supreme Court Judge K T Thomas, 27 April 2013

Given the disturbing recent trend of the death penalty being carried out arbitrarily this year in India, a national campaign against the death penalty comprising of distinguished jurists, senior lawyers, human rights groups, academics, NGOs and activists has converged to highlight the disappointing return to capital punishment. The secretive and barbaric nature of these executions has added to the alarm and concern.

The purpose of the conference is to provide a rational critique from eminent and distinguished speakers, as to how the death penalty as a means of punishment and deterrence is both dangerous and flawed as a penal objective in 2013.

The conference will examine some of the following topics with eminent speakers including:

• Justice A.K. Ganguli (Retd), Supreme Court, Juvenile Justice: the death penalty for juveniles accused of serious offences
• Justice A. P. Shah (Retd.), Chief Justice Delhi High Court, A judges View of the use and abuse of the death penalty.
• Colin Gonsalves, Senior Supreme Court Advocate and director of HRLN, Access to justice, flawed investigations, legal aid and the right to a fair trial where the death penalty is carried out.
• Shashi Kumar Velath, Amnesty International, The“Lethal Lottery”, activism and mobilization.
• Meagan Lee, Reprieve, India bucking the trend: The global move away from the death penalty and “Death-row Syndrome”,
• Anup Surendranath, Professor National Law University Delhi, TADA – Emergency Legislation and the Death Penalty.
• Navneet Bhullar, My struggle against the death penalty
• Satnam Singh Bains, Barrister at Chambers Lord Gifford QC, London, Miscarriages of justice and the irreversible nature of the death penalty.

This conference has been organised by Human Rights Law Network in collaboration with Peoples Union for Civil Liberties, Amnesty International, Human Rights Watch, Free Bhullar Campaign AISA, Anhad, Jamia Teachers’ Solidarity Association, Indian Alliance for Child Rights, Lawyers for Human Rights International, Lawyers for Justice, People’s Watch, Sikh Human Rights Groups and other NGOs.

Please show your support for Legal Aid and Legal Aid firms in the difficult current climate by sponsoring the 1MCB team.

For more details visit the London Legal Walk 2013 website.

Iain Edwards spoke at a conference on the theories and practice of professional ethics before international criminal courts earlier this month in Liège, Belgium. The conference was jointly presented by the Bar of Liège and the International Criminal Bar. Iain’s presentation addressed the challenges of the application of the Codes of Conduct at the International Criminal Tribunals for the Former Yugoslavia and for Rwanda. Other participants included past and present Chairmen of the International Criminal Bar, as well as Presidents of Bars from Belgium, France and Spain.

Iain Edwards is to defend the leading Rwandan opposition politician, Victoire Ingabire, whose appeal before the Rwandan Supreme Court is to open today, 25 March 2013, in Kigali. Five months ago, she was convicted of two out of six charges brought against her, namely of having minimised the genocide against the Tutsis in Rwanda and of having conspired to threaten the security of Rwanda through supporting armed activity. She was acquitted of the remaining four charges and sentenced to 8 years’ imprisonment. The prosecution, who had been seeking imprisonment for life, is also appealing some of the acquittals and the sentence.

The appeal, which is expected to last for several weeks, will be closely monitored by human rights groups such as Amnesty International and Human Rights Watch. They criticised the trial at first instance for failing to meet minimum international fair trial standards and for being politically motivated.

After the longest criminal trial in Rwandan history, Victoire Ingabire, represented by Iain Edwards, was acquitted last week of four of the six counts that she had been facing. The leading opposition politician in Rwanda was convicted by the High Court in Kigali of conspiracy to harm the existing authority through terrorism and genocide ideology and sentenced to 8 years’ imprisonment. The prosecution had asked that she be sentenced to imprisonment for life.

The case was reported by the BBC, The Economist, The Guardian, The Telegraph, and The New York Times amongst others. International human rights organisations such as Human Rights Watch and Amnesty International criticised the trial for being unfair and for including politically motivated charges.

Iain will continue to represent Mrs Ingabire at her appeal before the Rwandan Supreme Court and, if necessary, before the African Court on Human and Peoples’ Rights based in Arusha, Tanzania.