Human Rights

ECBA appoints Human Rights Officer

As defined by its constitution, one the objects of the ECBA is to promote the administration of justice and human rights under the rule of law within the member states of the Council of Europe and among the peoples of the world. Throughout the years the ECBA has been following Criminal Proceedings’ Human Rights’ issues. The increasing involvement of the ECBA in advocacy for Human Rights in Criminal Proceedings – see, for example, the issue of the Lawyers’ Judgments in Turkey addressed  in the Newletter (Issue 27: December 2013) – has led the ECBA to appoint a Human Rights Officer (HRO).

The first ECBA-HRO will be Advisory Board Member Scott Crosby. Scott is a long time member of the ECBA and has a wide experience in taking cases to the European Court of Human Rights. He also publishes regular updates on European Court of Human Rights’ Judgments in the New Journal of European Criminal Law (NJECL).

The Human Rights Officer (HRO) will be the contact person for Human Rights’ issues, including  possible interventions by the ECBA before the ECtHR, and will represent the ECBA in activities such as trial observations.

If you know of any issue that should be brought to the attention of the HRO, please do not hesitate to contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.

Given that the demands of human rights law for the work of the ECBA are steadily increasing and cannot be adequately met by the Human Rights Officer alone the executive and advisory boards of the ECBA decided at the meeting of 21 April 2017 in Prague, Czech Republic, to establish a human rights committee.

The Human Rights Committee (HRC) comprise the undernoted persons:

Scott Crosby, Chair and Human Rights Officer 
Members: 

Alexis Anagnostakis   Duncan Grieve
Nicola Canestrini   Nancy Hollander
Vânia Costa Ramos   Tomasz Kodrzycki
Walter De Agostino   Ondrej Laciak
Marius Dietrichson   Mihai Mares
Paul Garlick   Christa Middleton
Thomas Garner   Jonathan Mitchell
Monica Gazzola   Rebecca Niblock
Sergey Golubok   Kevin Roberts
Robin Grey   Alex Tinsley

 

A Plea for the Rule of Law and Good Neighbourliness

According to a number of reports two Greek soldiers inadvertently crossed the unmarked border with Turkey in March 2018. This part of the border runs through dense forest. At the time in question visibility was poor and there was snow on the ground. The soldiers became disoriented and were unaware they had entered Turkey.
They have been held in detention in Turkey ever since, apparently without charge.

The Human Rights Committee has written to H.E. Recep Tayyip Erdogan, The President of Turkey, Abdulhamit Gül, Minister of Justice of Turkey, Thorbjørn Jagland, Secretary-General of the Council of Europe and Michele Nicoletti, President of the Parliamentary Assembly of the Council of Europe and Liliane Maury-Pasquier  (who was elected and follows  up Mr Nicoletti as President) on 25 June 2018.

In application of the principle of good neighbourliness the soldiers should, in the respectful submission of the Committee, be returned home without further ado.

To read the letter from the Human Rights Committee click here (PDF format).

Ms Ana Ursachi is a prominent criminal defence lawyer and human rights activist from the Republic of Moldova. She made her name acting in a number of high profile cases for perceived opponents of the current political elite in Moldova. She has found herself the target of criminal proceedings in Moldova which she asserts are being brought as punishment for her having acted in these cases and in March 2018 a domestic warrant was issued for her arrest. She fears that the Moldovan authorities might now seek her extradition on what she asserts are politically motivated and abusive charges.

Whilst it would be inappropriate for the the Committee to comment on the substance of any allegations against Ms Ursachi the manner in which the authorities in Moldova have pursued the criminal proceedings against her to date raises several grave concerns. A judge who refused to issue a warrant against her in 2016 was summarily dismissed and made the subject of criminal proceedings and indeed her own defence lawyer has been made subject to threats and coercion culminating in criminal allegations being made against himself.

The ECBA Human Rights Committee has written to INTERPOL on 18 May 2018 in order to express its concern regarding the case, and urging them not to cooperate with the Moldovan authorities in respect of any request for a Red Notice or Diffusion in her case.