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Jean-Yves Gilg

Editor, Solicitors Journal

Taking liberties

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Taking liberties

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The UK should preserve its ECHR status at a time of global political unrest and set an example to countries facing human rights abuses

The UK should preserve its ECHR status at a time of global political unrest and set an example to countries facing human rights abuses

This week scores of Pakistani lawyers lost their lives in a suicide bomb attack in Quetta, Balochistan, a poor western province plagued by separatist insurgency. Overall 70 people were killed and more than 100 suffered injuries. The brutal act was an attack on lawyers standing up for human rights and a rejection of democracy.

The atrocity occurred after crowds gathered outside a local hospital to mourn the death of advocate Bilal Kasi, the head of the province's bar association (BBA), who had been shot hours earlier.

The Pakistan Bar Council (PBC) strongly condemned the attack and announced a three-day strike in courts nationwide. It accused the federal and provincial governments of failing to protect Pakistani citizens, particularly lawyers, some of whom were prominent human rights activists.

'We have been targeted because we always raise our voice for people's rights and for democracy,' Ali Zafar, the president of the Supreme Court Bar Association (SCBA), told reporters. 'Lawyers will not just protest this attack, but also prepare a long-term plan of action.'

It was the third assault on lawyers in Quetta this year and follows a string of violent acts over the last decade. Since 2007, at least 11 lawyers and three judges have been killed in militant attacks in the city, according to the BBC.

Unity among lawyers in the face of state-sponsored infringements upon citizens' rights was seen recently in Nairobi. Kenyan lawyers staged street marches in protest against the alleged murder of a colleague by the police. The death of lawyer Willie Kimani came a week after he had appeared in court defending a client
who had been involved in several encounters with the police.

Attempts to suppress international lawyers fighting to protect human rights are unfortunately nothing new. In China, many human rights lawyers have been imprisoned for allegedly subverting state power. Some have publicly 'confessed' to their crimes on state-controlled TV.

The world is in a state of flux. Political unrest is growing amid electorates' disenchantment, and the need for lawyers and the judiciary to preserve the rule of law and hold national governments to account has never been stronger.

Last month, 2,745 of Turkey's judges were removed following a failed military coup for their alleged involvement in trying to overthrow the ruling Justice and Development Party (AKP). The event came months after pro-Kurdish lawyer and human rights activist Tahir Elci was shot dead.

Closer to home, the UK judiciary was criticised last week for interfering in constitutional matters, joining lawyers on the 'naughty bench'. Philip Johnston of the Telegraph argued that judges must keep out of political minefields such as Labour's leadership contest and the triggering of article 50 to start the Brexit process.

As the legal challenge aiming to give parliament a vote on article 50 continues, Theresa May has reportedly told the Lord Chancellor, Liz Truss, to review the human rights reforms put forward by Truss's predecessor, Michael Gove.

Gove had signalled his intention for the UK to remain a signatory of the European Convention on Human Rights (ECHR). However, May's dislike of the Strasbourg court's influence on the UK is well known, and should the revised plans include a withdrawal from the instrument, an exit from the Council of Europe, of which the UK was a founding member, is likely.

The ECHR stands as a pillar of human rights protection and political stability around the world. The UK's withdrawal from the convention, which was largely drafted by Conservative politicians, would weaken the system and send a negative message to states beleaguered by human rights abuses.

David Cameron's reign will be remembered for signalling the end of the UK's membership of the EU. Does May want to risk our membership of another major European institution so early in her premiership?

Matthew Rogers is a legal reporter at Solicitors Journal @sportslawmatt matthew.rogers@solicitorsjournal.co.uk