This is my last newsletter for BHRC as my 6 years as Chairperson draws to a close. BHRC membership has increased nearly 7- fold in this time, and its roadshows around England and Wales have sought to encourage those eligible for membership to join. BHRC probably is the oldest pro bono organisation of human rights lawyers in the U.K. As a result, it has developed strong practical expertise to tackle international human rights violations; with its international partnerships keeping it sensitive to the ebbs and flows of national politics and economies.  

Looking over the summary of BHRC’s recent work, there are  highlights and warnings. A highlight has been BHRC’s successful intervention in the Inter-American Court of human rights between Honduras and López Lone and three other Judges.  The intervention set out that States who dismiss judges in breach of Convention rights must be made to act by the IACHR to restore those Judges to their former positions. Otherwise, a justice system is reduced to a toy of the executive. The IACHR subsequently ruled that the government’s excuses that the vacancies had been filled were inadequate. Judge López Lone was reinstated recently, and I was privileged to attend a conference in Honduras, at the Judges’ invitation, to speak on the independence of the judiciary.

 Another stand out has been the training of members of the Nigerian Bar Association of all the branches in the North East and the Niger Delta; barristers tackling the grave phenomena of internally displaced people and environmental and health damage caused by oil pollution.

A warning is the sliding of the peace accord in Colombia under its new political governance. The peace accord continues to veil the increase in the murder of community leaders. According to government’s ombudsman, around 164 have been killed this year – the highest level in 3 years. Last month, further death threats were made towards San José de Apartadó peace community from a self- proclaimed paramilitary group.

Finally, Turkey continues to flash alarm as it replaces its state of emergency legislation with decrees which implement the same draconian measures.

BHRC’s expertise in trial observations, human right law training, Amicus Curiae and statements of concern are in high demand from an ever- increasing range of people. Capacity is stretched and, often, overwhelmed. Whilst this is a sign of BHRC’s success, it puts into focus the need for both its members and increased membership as well as for more than one staff member to best and efficiently maximise the use of BHRC’s talent. 

Please do share this newsletter with potential members and also encourage donations from around your chambers, Universities, workplaces and homes. BHRC continues to search for funds for travel and accommodation in order to move closer to meeting the need it encounters with its bespoke expertise.  BHRC also hopes to be in a position to recruit a paid intern in 2019.

I am delighted that Schona Jolly QC is the new Chair of BHRC. She starts her term in January 2019 but is taking a sabbatical until March 2019. New co-Vice Chair, Steve Cragg QC will be acting Chair during this period. Gráinne Mellon is elected Secretary. Michael Ivers QC continues as Membership Secretary, and Jodie Blackstock continues as Treasurer. The  dedicated Executive Committee remain in position to work tirelessly for another year.

Thank you from me to this BHRC Executive and all previous BHRC Executives who I have worked with over the last 6 years and nearly a decade before that during my time as Vice-Chair and Board member. I thank our funders, primarily the Bar Council -which provides BHRC its core funding and money for its trial observation unit -and those who have supported us by providing office space and rooms for events. A special thanks to Mayer Brown and, of course, to Doughty Street whose support of BHRC has been generous and unwavering. Thank you to all our partners; it is a privilege to work alongside you and a daily reminder that the world contains brave, selfless and inspiring people.

Finally, a huge thank you to our membership. Your support whether it be active or silent, financially significant or small provides BHRC with the required depth and weight behind its international human rights interventions. The increase in membership and accompanying funds in the last few years has enabled BHRC to engage more widely and deeply than before. Every success of BHRC is your success.

This is a difficult letter to sign off. What words to use? I’ve chosen the words that impacted upon me.

I leave you with the words of former President Santos after he issued his public apology to San José de Apartadó peace community on December 10^th 2013. This was the result of mediation by myself between the government and San José. Its words are a relevant backdrop to peace being sought in many countries from Yemen to Syria to Iraq:

I recognise the Peace Community of San José de Apartadó as a courageous vindication of the rights of Colombians that, despite having experienced the conflict first hand, has persisted in its efforts to achieve peace for the country.

For me, as President of the Republic, I have only profound admiration and respect for the Peace Community, and I regret and rebuke all the past accusations which have been made against its good name.

We do not agree with phrases or attitudes which stigmatise those who strive for peace and reject violence. On the contrary, we consider that every defender of peace and human rights must be praised and protected.

For this we ask for forgiveness. I ask for forgiveness. And I do so with the knowledge that forgiveness is a condition for peace, and that peace is the only guarantor that there will be no more victims.

On 12 December 2018, BHRC hosted a special farewell event for Kirsty Brimelow QC. At the event, BHRC Executive Committee presented Kirsty with a video contains special messages of thanks from those who have worked closely with her, including the joint head of Doughty Street Chambers Edward Fitzgerald CBE QC, the former President of the Nigerian Bar Association AB Mahmoud SAN,  former President of the Maldives Mohamed Nasheed, award-winning actress Vanessa Redgrave, Reinaldo Villalba of CCAJ in Colombia, Susi Bascon of PBI UK, and the Chair of the Bar Council Andrew Walker QC. 

The report concluded that on the basis of the material reviewed and observations conducted, BHRC considers that there are likely to have been violations of Articles 5, 6 and 10 of the European Convention of Human Rights (ECHR), and the parallel rights under the ICCPR, relating to the liberty and security of these defendants, their right to a fair trial and their right, as journalists, to freedom of expression.

The report was published the week of the final hearing, and all of the defendants were acquitted and released. You can read the full, detailed report here.

The five judges unexpectedly adjourned the hearing on 6 May, and it was rescheduled for 8 July 2018. BHRC had planned to send two observers for the new hearing on 8 July; however, Pete Weatherby QC was denied a visa by the Kuwaiti government. As such, the hearing was observed by Caoilfhionn Gallagher QC only. Although sixteen of the defendants were acquitted, two current lawmakers and six former MPs, all of whom are leading opposition figures, were convicted and sentenced to three and a half years in jail. Eight other defendants were convicted and sentenced to terms ranging from two to three and a half years in jail; thirty-four others were convicted without the court issuing a sentence. A final BHRC report detailing concerns over due process in this case is pending.

The programme brought together nearly 100 lawyers from the all the Niger Delta NBA branches, an area that has been devastated by pollution with resulting  environmental damage from extraction industries without adequate redress.

The training received financial support from the Rule of Law Expertise-UK (ROLE UK) and the Niger Delta Development Commission.

Learn more about the training here.

Conference on Independence of Judges in Honduras. Judge López Lone (right), Kirsty Brimelow QC (centre), Magistrate José Luis Ramirez Barcelona.