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International Committee of the Red Cross, based in Geneva, Switzerland is seeking to recruit a Thematic Legal Adviser

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International Committee of the Red Cross, based in Geneva, Switzerland is seeking to recruit a Thematic Legal Adviser. The International Committee of the Red Cross (ICRC) works worldwide to provide humanitarian assistance to people affected by conflict and armed violence. It takes action in response to emergencies and at the same time promote respect for international humanitarian law. It is an independent and neutral organization, and its mandate stems essentially from the Geneva Conventions of 1949. ICRC works closely with National Red Cross and Red Crescent Societies and with their International Federation in order to ensure a concerted, rational and rapid humanitarian response to the needs of the victims of armed conflict or any other situation of internal violence. It directs and coordinates the international activities conducted in these situations. The main role of the Unit of the Thematic Legal Advisers, which is part of the Legal Division, is to contribute to the role of t

More than a third of ECHR's judgments since its establishment concerned Turkey, Russia & Italy

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The document "The ECHR in facts and figures 2020" has been published on the Court’s website. Αccording to the report, approximately 62,000 applications were pending before a judicial formation of ECHR at 31 December 2020. Neerly a quarter of these applications had been lodged against the Russian Federation. The number of applications allocated to a judicial formation in 2020 exceeded the number disposed of judicially during the year. Almost half the judgments concerned 3 of the 47 member States, namely the Russian Federation (185), Turkey (97) and Ukraine (86). Nearly a quarter of all the judgments delivered by the Court concerned the Russian Federation. Of the total number of judgments delivered in 2020, the Court found at least one violation of the Convention by the respondent State in 87% of the cases. Since the Court was established in 1959, the Court has delivered 23,406 judgments. More than a third of them have concerned 3 member States: Turkey (3,742), the Russian Fede

ICC Court releases updates to its Note to Parties and Arbitral Tribunals on the Conduct of Arbitration under the 2021 ICC Arbitration Rules

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The International Court of Arbitration of the International Chamber of Commerce has released updates to its Note to Parties and Arbitral Tribunals on the Conduct of Arbitration under the ICC Rules of Arbitration, effective 1 January 2021. Last updated in 2019, the  Note  provides parties and arbitral tribunals with practical guidance concerning the conduct of arbitrations under the ICC Rules and summarises the practices of the ICC Court. The updates were discussed by the Bureau of the ICC Court, further to proposals made by ICC Court President Alexis Mourre and the ICC Court Secretariat. Mr Mourre said: “Consistent with the  2021 ICC Arbitration Rules  and our evolving practices, the updated Note reflects the Court’s continuous efforts to increase the efficiency of ICC arbitrations, provide further transparency and offer excellent services to our users around the world”. The salient points of the updated Note are as follows: a. The Note reflects a number of practice points aris

More than 1600 lawyers have been arrested in Turkey since 2016's coup attempt

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The Arrested Lawyers Initiative published the fifth edition of its report named ‘Mass Prosecution of Lawyers in Turkey‘. According to the latest version of the report, since 2016’s coup attempt more than 1600 lawyers have been arrested and prosecuted while 615 lawyers have been remanded to pretrial detention. So far, 450 lawyers have been sentenced to a total of 2786 years in prison on the grounds of membership of an armed terrorism organization or of spreading terrorist propaganda.  15 of the persecuted lawyers are presidents (or former presidents) of their respective provincial bar associations. Report presents that all of the persecuted lawyers are being charged with terror-linked offenses; the two main accusations imputed to them are membership of an armed terrorist organisation, and forming and leading an armed terrorist organisation. Lawyers have particularly been targeted due to the identity or affinity of their clients. The United Nations High Commissioner for Human Rig

Digital disconnection: Regulating remote working on an EU level

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By Efi Thoma, Senior Legal Advisor One of the most fundamental EU principles is safeguarding a healthy work-life balance. EU law and specifically the pertinent directive on working hours, is based on the doctrine that work environment is being regulated in order to ensure that employees work maximum 48 working hours per week , enjoy minimum 11 consecutive hours of daily rest , and a t least 4   weeks paid annual leave per year . The new working conditions adopted in Europe and around the globe in the direct aftermath of the COVID-19 pandemic outbreak have focused on remote working for the majority of the employees. However, teleworking has never been so popular before and used at such extensive levels. Recent research has shown that 27% of people who work from home worked outside working hours , and employees who regularly telework are more than twice as likely to work more than the maximum working hours set down in the EU’s working time directive than those who don’t , resulting

Importance and Effectiveness of EU Register of Beneficial Ownership

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By Christina Poursanidou, Lawyer Money laundering scandals during the last years have created much uncertainty about the effectiveness of the EU-Anti-Money Laundering Directives (AMLDs) and the presumption that transparency over the companies structure will lead to the the prevention of future similar cases. Despite the fact that World Bank, International Monetary Fund (IMF), as well as Financial Action Task Force (FATF) were discussing the need of bringing to light the companies’ ultimate beneficial owners, the EU legislators made the creation of the Register of the Beneficial Ownership of legal entities mandatory for each Member State. More specifically, according to the Article 30 of the 4th AMLD “Member States shall ensure that corporate and other legal entities incorporated within their territory are required to obtain and hold adequate, accurate and current information on their beneficial ownership, including the details of the beneficial interests held.” Similarly, in order to

Criminal gang based in Ireland suspected of 4 Million money laundering

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On 10 February 2021, the Criminal Asset Bureau of the Irish National Police (An Garda Síochána) took action against a criminal gang suspected of large-scale money laundering.  Fund transfers in excess of €4 million were identified from other jurisdictions to Irish bank accounts linked to members of this criminal network. The gang is believed to have made this money from illegal activity across Europe.  The search operation in the cities of Tipperary and Kilkenny involved searches of 4 residential properties and 1 business premises, as a result of which €100 000 in cash and a car worth €75 000 were seized. A total of 16 bank accounts linked to members of the crime group were also frozen. The accounts contained cumulative funds of €540,000.  Such results were made possible thanks to the model of non-conviction based forfeiture operated by the Irish Criminal Assets Bureau. In this case, Europol’s European Financial and Economic Crime Centre (EFECC) pieced together the intelligence provide

Trafficking: Ιncrease in the number of child victims - Covid-19 exposed more people to the risk of trafficking

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The share of children among detected trafficking victims has tripled while the share of boys has increased five times in the past 15 years. Girls are mainly trafficked for sexual exploitation, while boys are used for forced labour, according to the Global Report on Trafficking in Persons, launched by the United Nations Office on Drugs and Crime (UNODC) on 2.2.2021. In 2018 about 50,000 human trafficking victims were detected and reported by 148 countries. However, given the hidden nature of this crime, the actual number of victims trafficked is far higher. The Report shows traffickers particularly target the most vulnerable, such as migrants and people without jobs. The COVID-19-induced recession is likely to expose more people to the risk of trafficking. “ Millions of women, children and men worldwide are out of work, out of school and without social support in the continuing COVID-19 crisis, leaving them at greater risk of human trafficking. We need targeted action to stop crimin

A euro area Member State can oblige its administration to accept payments in cash, but can also limit that payment option on public interest grounds

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In its Judgment in Joined Cases C-422/19 and C-423/19 (Johannes Dietrich and Norbert Häring v Hessischer Rundfunk) the European Court of Justice ruled that a euro area Member State can oblige its administration to accept payments in cash, but can also limit that payment option on public interest grounds. Such a limitation may in particular be justified where payment in cash is likely to involve the administration in unreasonable expense because of the very high number of persons liable to pay. Two German citizens who were liable to pay a radio and television licence fee in the Land of Hesse (Germany) offered to pay it to Hessischer Rundfunk (Hesse’s broadcasting body) in cash. Invoking its regulations on the procedure for payment of radio and television licence fees, which preclude any possibility of paying the licence fee in cash, [1] Hessischer Rundfunk refused their offer and sent them payment notices. The two German citizens brought an action against those payment notices and th

Refusal to allow a prisoner lawyer to consult Internet sites on legal matters was unjustified (ECtHR)

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In ECtHR  judgment in the case of Ramazan Demir v. Turkey (application no. 68550/17) the European Court of Human Rights held, unanimously, that there had been a violation of Article 10 (freedom of expression: freedom to receive information and ideas) of the European Convention on Human Rights.  The case concerned the prison authorities’ refusal to grant a request for access to certain Internet sites, lodged by Mr Demir in the course of his pre-trial detention in Silivri Prison in 2016. Mr Demir, a lawyer, wished to access the Internet sites of the European Court of Human Rights, the Constitutional Court and the Official Gazette, with a view to preparing his own defence and following his clients’ cases.  The Court considered that since prisoners’ access to certain sites containing legal information had already been granted under Turkish law for the purposes of training and rehabilitation, the restriction of Mr Demir’s access to the above-mentioned sites, which contained only legal infor

Editorial

Editorial
George Kazoleas, Lawyer