Human Rights

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.

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

The increasing involvement of the ECBA in advocacy for Human Rights in Criminal Proceedings has led the ECBA to appoint a Human Rights Officer (HRO). 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.

The first ECBA-HRO was the Advisory Board Member Scott Crosby. Scott was a long time member of the ECBA and had a wide experience in taking cases to the European Court of Human Rights. As Scott Crosby sadly passed away on 25 April 2020, Alexis Anagnostakis has been appointed by the Executive Committee of the ECBA as the actual HR Officer on 21 September 2020. 

Given that the demands of human rights law for the work of the ECBA were steadily increasing and could not 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:

 

Amedeo Barletta

  Nancy Hollander

Stephen Bailey

  Ondrej Laciak

Elena Borsacchi

  Salomé Lemasson

Nicola Canestrini

  Mihai Mares

Federico Cappelletti

  Ales Michalevic

Vânia Costa Ramos

  Jonathan Mitchell

Walter De Agostino

  Rebecca Niblock

Paul Garlick

  Sylvain Savolainen

William Glover

  Tobias Stadarfeld Jensen

Robin Grey

  Alex Tinsley 

Maria Hessen Jacobsen

   
     
     

The ECBA “Scott Crosby” Human Rights Award 

The ECBA and their Human Rights Committee have decided to institutionalize the ECBA Human Rights Award, named after our late friend and passionate human rights activist Scott Crosby, to be awarded once a year to distinguished lawyers who have demonstrated outstanding commitment and sacrifice to uphold fundamental values.

The objective of the ECBA is to honour the efforts of lawyers and at the same time raise awareness of the core values of the legal profession. 

The 2023 ECBA HR Award went to two remarkable women - Françoise Tulkens, a distinguished Belgian lawyer and a respected expert in criminal law, former Vice-President of the European Court of Human Rights and Nancy Hollander, a renowned U.S. criminal defense lawyer, known for her fearless representation of Guantanamo Bay detainees and the prominent whistleblower, Chelsea Manning. The award ceremony took place at the Spring Conference 2024 in Brussels, in the presence of Scott Crosby's daughter and son, Francesca and Andrew, who handed the awards themselves.

 

The ECBA Scott Crosby Human Rights Award 2022, handed by Vincent Asselineau, ECBA Chair, and Alexis Anagnostakis, HR Officer, went to the Ukrainian National Bar Association, represented at the Autumn Conference by Dr. Valentyn Gvozdiy, Vice President of the UNBA and ECBA member. The award honours the efforts of the Ukrainian lawyers for their determination and sacrifice in times of war, to uphold fundamental values and the rule of law in their country during the current impermissible military aggression against Ukraine. 


 

The receivers of the ECBA Human Rights Award 2021 were Judge Igor Tuleya and the Dean of the Warsaw Bar Association, lawyer Mikołaj Pietrzak, both from Poland.

HR Officer Alexis Anagnostakis, ECBA Chair Vincent Asselineau and Polish lawyer Mikołaj Pietrzak

The European Court of Human Rights issued its judgment in the case Pietrzak and Bychawska-Siniarska and Others v. Poland in May 2024.

The Court held that there had been three violations of the right to respect for private and family life and correspondence. The Court found that the identified shortcomings in the operational-control regime indicated that the national legislation did not provide sufficient safeguards against excessive surveillance and undue interference with individuals' private lives. The absence of such guarantees was not adequately counterbalanced by the existing mechanism for judicial review. The Court also highlighted the necessity of protecting lawyer-client privilege, which is compromised by the surveillance of lawyers.

Alexis Anagnostakis, ECBA's Human Rights Officer, participated as a third party in the hearing of the European Court of Human Rights case Pietrzak and Bychawska-Siniarska and Others v. Poland on September 27, 2022. This case involved a complaint by five Polish nationals, including the leading criminal lawyer and Dean of the Warsaw Bar, Mikołaj Pietrzak, concerning Polish legislation that authorizes a system for secret surveillance and the retention of telecommunications, postal, and digital communications data for potential use by national authorities.

The complainants alleged that there was no remedy available under domestic law for individuals who believe they have been subjected to secret surveillance to complain and have its lawfulness reviewed.

In the submission, the ECBA's stance was emphasized, calling for the full implementation of the principles of transparency, access to surveillance data by those surveilled, and judicial review of the lawfulness and necessity of surveillance, especially when it involves innocent and unsuspected individuals not engaged in illegal activities. The fact that one of the applicants was a lawyer raised significant concerns about breaches of legal privilege in lawyer-client communications.

ECHR Press release.

The judgment can be read here (in French).
The parts that are of particular interest to lawyers are in s. 214 to s. 225.

The European Criminal Bar Association stands in solidarity with the American College of Trial Lawyers in condemning the recent inflammatory remarks made by former President Donald Trumptowards judges and prosecutors. According to their statement, such vitriolic attacks not only jeopardize the safety and integrity of those serving in the judiciary but also erode public confidence in the rule of law.

Waving American flag

 © Photo by Andre Hunter on Unsplash

Read the full statement here.