Bar Human Rights Committee

BHRC has maintained its strong links with the Arab region for over a decade. The Committee has carried out fact finding missions to Palestine, has sponsored lawyers from Palestine and Israel to come to the UK for human rights training and participate in the Bar Conferences. BHRC has implemented a number of training programmes in Syria and Iraq. In 2004 a BHRC delegation conducted a visit to Iran to meet with member of the Iranian Judiciary and in 2005 conducted a scoping mission to Jordan.

Bahrain

In 1998 BHRC together with the Parliamentary Human Rights Group examined the role, structure, practice and procedures of the State Security Court system in Bahrain providing a comprehensive analysis of a fundamental aspect of the Bahrain legal system.

The BHRC retained close links with civil society organisations and members of the legal profession, and continued to maintain a monitoring brief of developments in Bahrain. Subsequently, the BHRC has issued three further reports on the rule of law and realisation of the right to fair trial in Bahrain. In 2009, the BHRC reported on observations in the trials of three prominent human rights activists.

"Read more in the Report".

A further trial observation was conducted in July 2010 in the trials of two groups of individuals accused of offences connected to protests and tyre burning.

"Read more in the Report".

Both reports highlighted issues pertaining to the lawfulness of arrests, detention, conduct during the trial and allegations of torture, which remained unresolved.

In October 2010, the BHRC undertook a fact-finding mission to Manamar. The mission took place in the context of international concern about human rights violations in the arrest and detention of dissidents and protestors on terrorism charges, including torture and inhuman and degrading treatment. These concerns continued throughout the trial of the twenty five detainees identified by the Public Prosecutor as “leaders” of an alleged terrorist network.

Following the publication of the report, in the wake of pro-democracy protests throughout Bahrain, and region, and violent reaction by the authorities, the twenty five detainees on trial highlighted in the report received a royal pardon and were released. The BHRC retains a watching brief of developments in Bahrain.

Iran

In May 2004 BHRC undertook a visit to Iran. The visit was organised by BHRC and the Foreign and Commonwealth Office (“FCO”) and hosted by the Iranian judiciary. The visit provided the opportunity for a fruitful exchange of information and ideas about the UK and Iranian legal systems with a view to creating a greater understanding and awareness of the two respective systems; the establishment of links between the UK and Iranian legal sectors; and the identification of new areas for future exchanges.

Read more in the Report.

Iraq

A BHRC member is based in Basra working as a Justice Advisor and among his duties are analysing and identifying justice and security sector reform initiatives. BHRC has been in discussions with government about providing training for visiting Iraqi judges, lawyers and police.

A participant in the BHRC workshop has been involved with training Iraqi judges, prosecutors and defence lawyers on the war crimes statute that provides the legal basis for the Iraqi Special Tribunal. This training focused on human rights law and international humanitarian law. We are collaborating with KHRP on initiatives focusing on the Kurds in Northern Iraq.

Articles on the legality of the war on Iraq and Saddam Hussein's trial:

Israel/Palestine

BHRC undertook a first fact finding mission to Israel and the OPT in 1994 in the aftermath of the 1993 Oslo Declaration of Principles and the 1994 Cairo Agreement to investigate the prospects for the rule of law and protection of human rights in the Palestinian self-rule areas of Jerico and the Gaza strip.

A second mission was carried out in June 1998 following up on the previous visit "Human Rights in Palestine - What has happened since Oslo?"

In January 2005, the Israeli High Court considered a petition for an injunction to stop the Israeli State’s “targeted prevention” policy of deliberately killing Palestinians believed to have taken part in hostilities or belonging to militant groups. At the request of the petitioners, the Public Committee Against Torture in Israel (PCATI), a member of the BHRC attended the hearing.

Over the course of fifteen months, seven experienced barristers selected by the BHRC undertook one-to-three month placements in the OPT, working with the Palestinian Bar Association (PBA), Palestinian lawyers, trainee lawyers and law students, the Palestinian Independent Centre for Citizens’ Rights (PICCR), non governmental organisations such as Al Haq, Addameer, the Palestinian Prisoners’ Club, Defence for Children International (DCI), the Ensan Centre for Human Rights, United Against Torture (UAT), the Italian Consortium of Solidarity, and a number of women’s organisations, providing training on human rights and humanitarian law, reviewing procedures for the better identification and documentation of human rights abuses and conducting reviews of existing Palestinian legislation for human rights compliance.

In addition, a number of senior academics and lawyers at the Bar of England and Wales spent a week in Ramallah, providing focused training to lawyers and activists. The barristers who undertook placements in Ramallah were Mr Paul Troop from Tooks Chambers, Mr Tanveer Qureshi from 25 Bedford Row, Ms. Michelle Harris from 1 Pump Court, Ms. Hannah Rought Brooks from Tooks Chambers, Ms. Smita Shah from Garden Court Chambers, Ms. Blinne Ní Ghrálaigh from Matrix Chambers and Mr. Mark Mc Donald from 1 Pump Court.

Project Objectives:

Strengthen the capacity of Palestinian lawyers, judges and activists to identify and document violations of human rights, and to prepare effective cases for domestic and international mechanisms.
To identify through a survey of the laws and procedures in force, the recognition given by the law in force to human rights and the possibilities for legal action against any violation of these.

Production of a handbook for Palestinian lawyers

One of the main outputs of the project was the production of a handbook for Palestinian lawyers. The 300 page handbook, printed in both English and Arabic, sets out the key human rights standards as established in international systems and frameworks, cross-referencing with the provisions of Palestinian legislation mirroring those standards and elucidating the framework within which international human rights can be implemented in domestic courts. The handbook sets out in detail the United Nations Special Procedure system through which complaints against human rights violations committed with the OPT may be made, and describes how to raise internal complaints concerning human rights abuses committed by the Palestinian Authority to the PICCR.

Five hundred copies of the handbook were published in Arabic and one hundred in English. They were distributed by volunteer Committee barristers to all the lawyers attending the BHRC training sessions throughout the West Bank. Copies were also provided on request to numerous national and international NGOs working in the field.

A link to the manual has also been set up on this website in order to serve as a reference tool and those making further requests for it are being directed towards the site.

To access the manual please go to Training Manual for Palestinian Lawyers [English]

Rule of Law Training

The initial project proposal provided for a one-week training programme on international human rights and humanitarian law, mechanisms and remedies, highlighting their applicability to the OPT. However, given the reception received by the first training in Ramallah, coupled with the intense difficulties faced by Palestinian lawyers in moving throughout the West Bank, it was decided - and approved by the FCO - that the training should be taken to the three other main population centres in the West Bank; namely Nablus, Hebron and Bethlehem. Due to the security situation it proved impossible to conduct training in Gaza. However, requests were made to the Israeli Administration to secure the attendance of Gazan lawyers at the final training session in Bethlehem. Unfortunately, only one such permit was ultimately granted.

Thus, over the course of the 15 months, volunteer BHRC barristers conducted four three-day training sessions focused on the rule of law with qualified lawyers, trainee lawyers and NGOs in the four main centres of the West Bank previously listed. Speakers from NGOs and international organisations, such as the Office of the Coordination of Humanitarian Affairs (OCHA) and UAT, were asked to speak on their specialist areas.

Over 120 members of the Palestinian legal community, including trainee barristers, and members of the NGO community attended the training. The training focused on the role of the advocate in upholding human rights and on domestic and international mechanisms to highlight State non-compliance with human rights obligations. These areas were very new to most lawyers who had not previously engaged with UN Special Procedures or even the complaints mechanism of the PICCR to further their clients’ cases. Participants also learnt how to better document alleged abuses of human rights as they arose, including drafting of affidavits and witness interviewing skills. Particular focus was placed on the increasing use of the principle of universal jurisdiction to challenge in non-national courts gross human rights abuses by the Israeli military and administration. The training finished with case studies focusing on human rights violations committed by both the PA and the Israeli Administration.

Legal review

At the request of the PICCR, BHRC volunteers undertook a legal review of existing Palestinian laws, assessing their conformity with international human rights standards and making recommendations for change to ensure greater compliance and to enhance the possibility of legal remedies through the local courts in relation to human rights violations. Recommendations were used by the PICCR in their ongoing advocacy and consultative roles. As part of this exercise, BHRC barristers also produced a draft Palestinian police code of conduct, based in large part on the code of conduct for police in England and Wales, to be put forward as a proposed model for the future for the Palestinian police force. The BHRC volunteers also conducted training workshops on legal review attended by members of the Palestinian Legislative Counsel and the legal profession so as to underscore the fundamental importance of the legal review process in the implementation of new laws and to ensure the sustainability of the legal review project after the completion of the BHRC placements.

Prisoners’ Rights

In consultation with partners on the ground, prisoners’ rights emerged as a key area of concern to lawyers and activists in situ, due to the large numbers of prisoners in Israeli and Palestinian jails. The position of those detained in the OPT had been further exacerbated by the general strike which led to many being held without charge for sustained periods of time, contrary to Palestinian law and to international standards applicable to prisoners.

Prison visits: Volunteer BHRC barristers visited a number of prisoners in the West Bank and met with individual prisoners, including women and child prisoners, who were being detained well beyond the maximum time limits, often without any form of legal representation. By accompanying the BHRC volunteers to prisons and collaborating/organising meetings with relevant officials, in-country partners made a crucial contribution to the project’s monitoring and awareness raising. BHRC barristers were able to assess the situation on the ground first hand and interventions were made to the PICCR in relation to a number of cases of alleged inhuman/degrading treatment which were in turn raised with the appropriate channels in the Palestinian Authority.

Training in prisoners’ rights: Volunteer barristers were also approached by Addameer, one of the leading NGOs dealing with prisoners’ rights, to provide a one day training session focusing on domestic and international standards relating to prisoners and the available use of national and international mechanisms, such as UN Special Procedures to challenge abuses of prisoners’ rights. As a result of the training, Addameer is determined to engage with the UN Special Procedures relating to prisoners strategically and systematically as part of its work and advocacy practices.

Law and Practice in the Prosecution of War Crimes training

Given the increasing use of the principle of universal jurisdiction in courts in the West, including the United Kingdom, to attempt to hold accountable gross violators of human rights and humanitarian law, especially in relation to the occupation in the OPT, volunteer barristers were approached by Al Haq, one of the most established Palestinian NGOs, to provide training on the concept and on the appropriate legal standard for documenting such violations. Approximately 20 attendees, including lawyers, legal researchers and field workers, were trained through lectures and practical case studies in the relevant law and practical tools to collect and analyse legal material on war crimes and crimes against humanity in the OPT, focusing specifically on the relevant techniques for collecting evidence for judicial purposes.

Women’s rights training

BHRC barristers were also approached by a newly established Palestinian women’s rights group, the Palestinian Women’s Research & Documentation Centre (PWRDC), to provide training on women’s rights - jointly with the Office for the High Commissioner for Human Rights - for a consortium of women’s groups. Attendees at the one day training workshop learned about documentation and UN Special Procedures, particularly the Special Rapporteur on Violence against Women. Posters, leaflets and the last report by the Special Rapporteur were also distributed to attendees for further dissemination.

Death penalty work

BHRC volunteers attended the inaugural meeting of the newly formed death penalty group, set up to consider issues pertaining to the death penalty in the OPT, as part of a wider abolitionist effort throughout the Middle East. They have been asked to remain involved in the initiative to share expertise when required. Volunteers also edited the PICCR publication on the death penalty in the OPT which is due for publication in the near future and will serve as an advocacy tool as part of the death penalty initiative.

Trial observation

BHRC volunteers attended the Ofer Military Court on a number of occasions at the request of NGOs whose clients’ cases were before the court. Local lawyers explained that the presence of an international observer often gives them greater confidence that the prosecuting authorities and the presiding judge will behave in a more professional manner with them and their clients. A paper was also produced for information and advocacy purposes, setting out fair trial standards and standards for the treatment of prisoners, particularly juveniles, in the legal and penal systems. Barristers also attended the Israeli High Court at the invitation of local NGOs for the hearing of a petition regarding the Separation Wall. Repeated and ongoing requests for BHRC volunteers to observe trials reinforced feedback about the perceived usefulness of such trial observations.

Jordan

In June 2005 a joint BHRC/KHRP delegation was sent to Amman with the intention of going to Northern Iraq to conduct training on women’s rights and the new Iraqi constitution, CEDAW and shadow reports and the Beijing Platform for Action. Unfortunately the closure of Baghdad Airport meant that they were unable to go to Iraq and instead attended a conference on the role of women in drafting the Iraqi Constitution which brought together members of the Iraqi National Assembly, including members of the Constitutional Committee, Iraqi civil society leaders and women’s rights advocates. The mission met with civil society activists from Iraqi Kurdistan to discuss the importance of engaging with international bodies, and the difficulties which women and civil society organisations in Northern Iraq face when trying to utilise the mechanisms available.

Syria

Following a scoping visit to Damascus in December 2004 in partnership with the British Council, BHRC implemented a number of training programmes in Syria in 2005.

In March we sent a delegation to train on international humanitarian law with a focus on the International Criminal Court (ICC).The workshop introduced public international law, international criminal law, the history of international criminal tribunals and explored serious crimes within the jurisdiction of the ICC.

One of the issues we were invited to consider during the scoping visit was how Syrian law could be developed to assist the establishment of NGOs and civil society. We analysed amendments to the Association Law No.93 of 1958 and identified administrative and legal challenges. We followed this up by sending a BHRC representative to participate in a workshop organised by the Syrian Commission for Family Affairs in March, on reviewing the Syrian Association Law. He presented a paper on the legal framework within which NGOs operate in the UK and highlighted the differences in the legal framework between the common law and civil law jurisdictions. Concluding observations recommended the need for the promotion and protection of the right to freedom of association in practical and effective means in order to encourage a vibrant civil society.

In April another delegation provided training on ‘Protecting the Rights of Women and Children Using International Human Rights Standards’. This workshop introduced sources of human rights law, regional inter-governmental human rights mechanisms, discrimination, equality and violence against women. Discussions were held with reference to the existence of numerous laws which aim to protect women’s rights and problems of enforcement mechanisms.

BHRC has ordered a supply of comparative law materials for libraries in strategic locations, including the Faculty of Law at Damascus University.

In February 2006, the BHRC delivered a “vulnerable witnesses” training programme to Syrian lawyers in Damascus. The training focused on UN and European conventions in relation to juveniles and women as well as UK legislation in relation to domestic violence and the Police and Criminal Evidence Act.

In April 2007, the BHRC organized an International Law in the Age of Conflict in Damascus in collaboration with the British Council (Syria) and the Orient Centre. This conference included the participation of prestigious academics, legal practitioners and think tanks from Europe and the Middle East. The subjects discussed were Terrorism - Legislation against terror – Protection of civil rights versus national security; Victor’s justice; the International Criminal Court and war crimes; State Liability for Violations of International Humanitarian Law; Conflict Mediation and Resolution in the context of the Middle East and post 9/11 and Accounting and accountability; The international communities’ obligations regarding the financing of terror organisations.

The Syrian participants who included many senior judges, academics and lawyers, focused on the Israeli/Palestinian Conflict, the War in Lebanon and an ad hoc tribunal to look into the death in 2005 of Lebanese Prime Minister Rafik Hariri. Also discussed was the loss of civil liberties in detention places such as Guantanamo Bay and Abu Ghraib.

This conference was deemed to be of great importance especially in the aftermath of 9/11 and due to the subsequent measures taken by western governments in Iraq.

Extremely important links and contacts were made between the BHRC delegation and the Syrian participants and think tanks. The BHRC team consisted of, Mark Muller QC, Ian MacDonald QC, Professor Bill Bowring, Nicholas Stewart QC, Professor Guy Goodwin Gill, Mr David Petrasek, Blinne Ní Ghrálaigh, Michael Roake (ABA) and Naoimh Hughes.

It is the BHRC’s intention to carry out more of such conferences in the Middle East and in the UK.