On International Human Rights Day, the Bar Human Rights Committee of England & Wales (‘BHRC’) is pleased to share our 2024 Year in Review, detailing our advocacy and activities over the course of a year that has seen immense challenges for human rights globally.
This year our work, as always, has been focused on four key and ongoing objectives:
- Upholding the rule of law and internationally recognised human rights norms and standards, with particular focus on the right to peaceful protest, which has come under acute strain, and on atrocity crimes.
- Protecting and supporting practising lawyers, judges, and human rights defenders, with particular focus on the shrinking space for civil society.
- Promoting knowledge and interest in human rights law and practice through training programmes, workshops and events, both virtually and in-person to ensure global inclusivity and accessibility; and
- Supporting and collaborating with other organisations and individuals working for the promotion and protection of human rights and the rule of law, through creative and persistent use of technology, outreach, and partnerships.
Some of BHRC’s most impactful work in 2024 has included the launch of our most recent Guantanamo Bay report following our trial observation in February 2024; our collaboration with Peace Brigades International (PBI) on a report launch and panel discussion following a fact-finding delegation to Guatemala earlier in 2024; an upcoming report on judicial independence in Hong Kong; a panel event on the sidelines of the 56th Human Rights Council on rule of law and fair trial concerns in the United Arab Emirates; a half-day virtual seminar BHRC co-hosted for law students and early career barristers in partnership with the Human Rights Lawyers Association; and the launch of a major report on the Israeli Military Courts in the West Bank and Occupied Palestinian Territories following observations by our members earlier in 2024.
Observations
Guantanamo Trial Observation | USA v Khalid Sheikh Mohammed, et al
On 12 March 2024, the US Ambassador to the UN spoke at the Human Rights Council 24th session on counterterrorism, asserting that the US Government is taking serious efforts to transfer detainees out of Guantánamo and that it is taking transparent efforts to close the facility. Despite this, the detention and trial regime at US naval base Guantánamo Bay remains shrouded in secrecy and hugely controversial internationally. Of the 779 people detained there since January 2002, 740 have been transferred elsewhere with 30 remaining. Nine detainees have died in custody.
For many years BHRC has closely followed the use of the detention facility at the United States Naval Base, Guantánamo Bay, Cuba and procedural developments in the Military Commissions established under the Military Commissions Act 2009. BHRC has consistently expressed concern about the use of the detention facility and the lack of procedural safeguards within the trials, together with broader issues including extraordinary rendition and torture. In 2019, BHRC became the only UK-based organisation to be granted official observer status for the ongoing trials at the Military Commission. BHRC has observed three cases and has submitted amicus briefs to the Court and Court of Military Commissions Review. BHRC continues to highlight human rights issues and express serious concern that the proceedings before the Military Commissions demonstrate a fundamental departure from fair trial norms and the rule of law.
In February 2024, BHRC sent Executive Committee member Zimran Samuel MBE to attend the 49th set of pretrial hearings in the case of USA v Khalid Sheikh Mohammed, et al – the trial of five men for a range of crimes relating to the planning of the 9/11 hijackings and attacks on the US – at Guantanamo Bay, following previous BHRC observations for which reports were published in both 2022 and 2023 (all reports available here). On 17 September, BHRC published its latest Guantanamo trial observation report authored by Zimran, following his visit to the Base. Zimran concluded:
“The whole setup and process of the proceedings is a bizarre and fascinating cocktail of contradictions. It is remarkable that the facility still exists and operates today and is likely to continue for the foreseeable future. For many the detention facility is no longer in the public eye in the manner it once was, nor does it inspire the same level of outrage among the public and the international community as it once did. However, that does not take away from the significant breaches of international law and norms still taking place and the significant revelations that are heard at hearings by only a handful of people. The whole process does little to achieve justice for the victims of 9/11 and remains heavily stacked against the detainees receiving a fair trial.”
In particular we found:
- BHRC opposes the death penalty in all its forms. Moreover, the conditions of detention at the Base risk arbitrary application of the penalty;
- the use of torture and evidence tainted by torture, if admitted at trial would violate the prohibition on torture;
- the presumption of innocence is undermined by the application of the label “unprivileged enemy combatants” and treatment at the Base;
- the inordinate length of time that has passed since the defendants were charged means it is almost impossible to have a fair trial;
- the use of classified material makes it extremely difficult for the defence lawyers to properly challenge its veracity as evidence, violating the right to a fair trial.
BHRC continues to recommend that the US close the detention facility at Guantánamo Bay Naval Base and make a renewed commitment to upholding international humanitarian and human rights law at all times and in particular for those who continue to be detained. Whilst the Base remains open, transparency should be increased with wider mechanisms to be able to follow what is happening in proceedings.
Israel and the Occupied Palestinian Territories
From January to February 2023, BHRC members Natasha Jackson (Landmark Chambers) and Darryl Hutcheon (Matrix Chambers), spent three weeks observing trials in the Israeli military courts in the West Bank. The purpose of these observations was to provide a snapshot of the cases that appear in the military courts in a random three-week period, rather than observing high profile trials as BHRC has done before. In advance of the observation, BHRC requested permission from the Chief of the Israeli Military to conduct their observations. The Chief of the Court rescinded their permission, and the observers were only allowed to be present for seven days of proceedings: four days at Ofer Court and three days at Salem Court. While there, they worked closely with Palestinian and Israeli human rights organisations, the British Consulate in Jerusalem, lawyers, and academics. They also attended site visits organised by partner NGOs.
The findings from the trial observations informed BHRC’s report on trials in the Israeli military courts in the West Bank of the Occupied Palestinian Territories. The report, underpinned by their observations of the commission of the military courts in Ofer and Salem, presents a snapshot of these operations at the military courts and concerns regarding violations of international humanitarian law and international human rights law.
The overall impression of the observers is that these proceedings cannot fully provide a fair trial. These observations relating to procedure by no means capture the full range of concerns that BHRC, and other human rights lawyers and practitioners, have in relation to the Israeli military court system. In principle, the very existence in 2023, and now in 2024, of a military court system established in 1967 reflects the continuation of the exceptionally oppressive Israeli occupation of Palestinian territory.
The report identifies eight fundamental concerns relating to the operations of the Israeli military courts, in the context of their obligations under IHL and IHRL, namely that:
- The range of activities which are criminalised under Israeli military law, and prosecuted in the military courts, appears to exceed the limits set by IHL;
- The courts appear to lack independence and impartiality;
- Pre-charge and pre-trial detention are almost invariably used, without proper justification;
- The operation of the system in practice reveals a shocking complacency about the ability of defendants to understand and participate in their own proceedings;
- The courts fail to facilitate the rights of defendants to maintain family links;
- The right to regular and confidential access to legal advice is systematically violated;
- Detainees are routinely transferred from the West Bank into Israel in manifest violation of GCIV;
- Nearly all cases are resolved by way of plea bargains despite there being no reason to believe that military court defendants are any more likely to be guilty than defendants in other criminal justice systems (in which plea bargains are much less common).
BHRC launched the report in November 2024, and the report is available to read here. It was prepared by Natasha and Darryl assisted greatly by Sahar Sadoughi from the BHRC.
East African Crude Oil Pipeline
On 15 November, BHRC member Tom Hamilton attended an appeal hearing at the East African Court of Justice in Arusha, Tanzania in relation to the 1,443km pipeline proposed to cross Uganda and Tanzania, which will impact 2000km2 of globally significant wildlife, including the Lake Victorian Basin, a critical water source for 40 million people. Over 100,000 people will permanently lose land to make way for the pipeline and it is expected to emit 379m tonnes of carbon emissions over its lifetime, which has been described as a “carbon bomb”. The reference to the Court, brought by four African NGOs, raises violations of environmental and human rights standards set out in the Treaty for the Establishment of the East African Community and the Protocol for Sustainable Development of the Lake Victoria Basin. The First Division of the East African Court of Justice had held that the reference was time barred and this appeal is from that decision. BHRC attended due to allegations of intimidation of the applicant NGOs and individuals they are supporting, as well as the significant legal implications of the pipeline for people living in the immediate countries, regionally and globally. Unfortunately, the hearing was adjourned, but we aim to attend the re-listing.
Reports
Guatemala
In 2023, former BHRC Chair Stephen Cragg KC and Executive Committee member Haydee Dijkstal took part in an international delegation of UK lawyers and human rights advocates to Guatemala, organised by Peace Brigades International (PBI) and funded by the Foreign, Commonwealth & Development Office (FCDO) Rule of Law Expertise initiative (resulting in a key report published in October 2023). In October 2024, BHRC was a proud supporting partner of Peace Brigades International UK for the exclusive reception and report launch of ‘Peace and Accountability? Transitional Justice in Nepal’, following a fact-finding mission conducted in March 2024 with BHRC Executive Committee member Haydée Dijkstal and former Vice Chair Aswini Weereratne KC as part of the delegation. The report was launched in October at an event hosted by PBI at Doughty Street Chambers, welcoming Nepali human rights activists and international human rights lawyers as they share the findings of their recent trip to Nepal, launching an in-depth report into the opportunities and challenges for transitional justice in a country which finds itself at a crossroads following years of impunity.
Supporting an authoritative report on human organ trafficking and harvesting
This summer, BHRC was invited to review and endorse a global legal advisory report, Human Organ Supply: Report on Ethical Considerations and Breaches in Organ Harvesting Practices, published in 2022. The invitation was received from Stop Uyghur Genocide, the International Coalition to End Transplant Abuse in China and Doctors Against Forced Organ Harvesting, regarding a Legal Advisory Report and Policy Guidance published by law firm, Global Rights Compliance (GRC). We published an open letter in support of the report on 20 November 2024. BHRC’s advocacy on the severe mistreatment of Uyghurs and other Turkic Muslims by the Chinese State that includes their internment in so-called ‘voluntary vocational skills training centres’ amidst allegations of organ trafficking and forced organ harvesting, as have been widely reported, recognised that these are urgent international issues that have serious ramifications at home and abroad. BHRC also acknowledges the desperation that both fuels transplant demand and drives so-called “voluntary consent” of victims living in poverty and subject to economic coercion, and the desperate plight of prisoners subjected to forced organ harvesting and their families. Addressing the accountability gaps for illegal conduct and promoting human rights due diligence is a vital part of a solution that must include measures to improve global public health, address worldwide poverty and exploitation, and support ethical medical innovation to reduce organ demand. BHRC commends these publications and the organisations that have worked diligently to produce them, and has joined the New York City Bar International Human Rights Committee, Bioethical Affairs Committee and Asian Affairs Committee in endorsing this report which is available on the BHRC website here.
Creating and supporting education, training and skills development opportunities for the next generation of human rights defenders
BHRC is committed to supporting our members and partner networks with opportunities to develop essential skills for human rights practice and to build the confidence and capacity to handle complex, challenging human rights cases using a holistic, human-centred, trauma-informed approach. Therefore, BHRC was delighted to partner once again with the Human Rights Lawyers Association (HRLA) as a follow up to the ‘Human Rights Careers, Skills & Values’ seminar jointly hosted in November 2023. Through a half-day programme of intensive but insightful and interactive sessions, ‘Skills for Human Rights Practice’ successfully supported junior members of the Bar and the legal profession overall, with content specifically designed to help early career practitioners, pupils, trainees and law students skill up in key areas of human rights work, reaching those who are already working in or are interested in more deeply embedding a rights-based approach within their legal, teaching and professional practice. Speakers were drawn from the Executive Committees and member networks of BHRC and HRLA, as well as valued contacts from the legal profession, from NGOs and higher education. Convened by Dr Louise Loder for BHRC and co-chaired by Jo Cecil KC, Vice Chair of BHRC, and Joe Middleton KC, Chair of HRLA, the half-day seminar attracted nearly 500 registrations and the recordings of the panels will be made available on the BHRC and HRLA websites soon.
Statements, Events & International Days
Throughout the year, BHRC signed a number of statements with other Bar Associations and civil society organisations to express concern about the continued failure of states to ensure accountability for the persecution and unlawful killings of lawyers around the world, including the unlawful killing of Tahir Elҫi, a prominent and internationally recognised human rights lawyer who at the time of his death, was the President of the Diyarbakır Bar Association, on 28 November 2015, allegedly by police officers, and the lack of due process surrounding the ongoing criminal prosecutions. Together with the below organisations, a co-signed letter was sent on 04 June for the attention of UN Special Rapporteurs requesting urgent action in the criminal trial to ensure a prompt, impartial and effective process in accordance with international human rights standards.
As part of the International Day for the Endangered Lawyer, BHRC collaborated with the UN Special Rapporteur on the Independence of Judges and Lawyers, IBAHRI, Day of the Endangered Lawyer Organisation, EuroMed, and others to highlight the plight of lawyers in Iran, particularly female lawyers as they are persecuted, arrested and tortured for protecting their clients’ rights. This issue continues to be an area of concern for BHRC and will be followed up in our advocacy in 2025.
Rule of Law and Fair Trial Rights in the United Arab Emirates
In July 2024 BHRC (which became an ECOSOC member in 2023) hosted a panel discussion as a side event to the 56th Session of the UN Human Rights Council, on ‘The Rule of Law in Jeopardy in the UAE’. The event was held at the Geneva Press Club and on Zoom. UN Special Rapporteurs have expressed growing concerns about the rule of law being under threat in the UAE, including in respect of so called ‘terror’ charges brought against 84 persons from civil society groups for calling for democratic reforms in the UAE. It is vital more than ever that a spotlight is shone on what is really happening in the justice system in the UAE and the glaring lack of genuine human rights protections. To this end, BHRC composed an excellent panel of experts including family members of current prisoners, former detainees and human rights lawyers who examined current developments and what steps can be taken to uphold the rule of law in the UAE. Moderated by Anisa Kassamali, Barrister & Human Rights Lawyer, speakers for this panel event included Louise Price, Barrister & Executive Committee Member, Bar Human Rights Committee; Ahmed Al Nuaimi, Human rights defender charged in absentia in the UAE 94 trial; Matthew Hedges, British academic detained in the UAE; and Falah Sayed, Human Rights Officer, MENA Rights Group.
Looking ahead
Ongoing advocacy on judicial independence in Hong Kong
Following a highly successful collaboration in 2023 with the American Bar Association Rule of Law Initiative to produce our report on judicial independence in Hong Kong SAR (available here), BHRC is soon to publish a follow up report on judicial independence in Hong Kong using the methodology set out in the ‘Judicial Monitor / Methodology’ toolkit of the ABA ROLI. In recent years, the imposition of the Hong Kong National Security Law on Hong Kong by Beijing has fundamentally changed the constitutional landscape with profound implications for the legal system and for fundamental freedoms and human rights in Hong Kong. The BHRC report concisely and authoritatively sets out the current situation and critical challenges to judicial independence in Hong Kong for members of the judiciary, the legal profession, and civil society, especially following the recent resignations of several high-profile foreign judges (as at December 2024). Through this report and in the recommendations which are annexed to it, BHRC reiterates its call for the repeal of national security laws which fail to respect the separation of powers doctrine that is so central to the One Country, Two Systems framework; ensuring full transparency, meritocracy, and integrity in the appointment of judges; guaranteeing the independence of the legal professional bodies and practitioners and non-interference with the freedom of members of the legal profession; and safeguarding those who take on sensitive political cases from harassment, intimidation and attacks in line with the Basic Principles on the Role of Lawyers established by the United Nations (1990), among other recommendations. The report will be launched in January 2025.
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In our 33 years, BHRC has sought to bear witness, respond, and intervene to the growing challenges posed to peaceful assembly as well as the shrinking space for civil society around the world. We support human rights lawyers, judges and defenders through international human rights training, legal interventions, advocacy, and events designed to draw attention to and share knowledge. Our collaborative efforts with our partners all over the world allow our work to be more effective, considered, and impactful. Throughout the year, we were proud to nurture our close relationships with like minded organisations including the International Bar Association Human Rights Institute, the American Bar Association, the All-Party Parliamentary Group on Human Rights, the Commonwealth Lawyers Association, Peace Brigades International, EuroMed Rights and the Human Rights Lawyers Association, and many others. Working with our partners and the dedicated members of our Executive Committee and project advocacy team, we remain resolutely committed to upholding the core objectives of BHRC in all of our work and advocacy in 2025 and beyond.
Happy International Human Rights Day from the Executive Committee and Project Team of the Bar Human Rights Committee of England & Wales!
Michael Ivers KC
Chair of the Bar Human Rights Committee of England & Wales
