Danger to lawyers at home and abroad must be tackled by us all

On the Day of the Endangered Lawyer, our Head of Education Rob Marrs reflects on the situation in Afghanistan and asks what we can do to help.

Each year on 24 January, the Day of the Endangered Lawyer is commemorated. Forty-six years ago on that day, four lawyers and a colleague were murdered in their offices in Madrid. They were murdered because of the work they undertook. Their killers were right-wing terrorists.

Such an attack may seem unthinkable, but today lawyers globally continue to be targeted because of the role they undertake and because of who they represent.

In the last year, we have seen repression against lawyers in countries as varied as Russia, Iran, Burundi and Fiji. The focus of the Day of the Endangered Lawyer in 2022 was Colombia, where hundreds of lawyers have been murdered in recent decades. Over the years, though, the focus has varied around the globe. Countries in Asia, South America, the Middle East, and Europe have featured.

Whilst all cases are important, it is understandable that the focus of the Day of the Endangered Lawyer this is year is the plight of lawyers in Afghanistan. The situation since the capture of Kabul by the Taliban for lawyers, judges and prosecutors has become extremely concerning.

Many have sought refuge elsewhere, including in Scotland and the wider UK. Some European governments, including the UK government, focused evacuation efforts on those individuals who worked for them in Afghanistan or via related organisations. Many Afghan lawyers and judges did not meet these criteria. This is odd, because quite clearly Afghan legal professionals had served our interests by upholding the rule of law.

The risk to some legal professionals in Afghanistan cannot be overestimated. Some prosecutors were involved in prosecuting members of the Taliban. Others will have been the judge in such cases. It is distressing to think of the threat they now face. The challenges faced by female legal professionals in Afghanistan are vast and immediate.

What can we all do to help?

Law societies, bar associations and international organisations, like the International Bar Association and the Council of Bars and Law Societies of Europe (CCBE), should continue their efforts to understand the challenges that lawyers in Afghanistan face and work with their own governments to improve matters where possible. It should also include working with our own governments to understand the critical threat posed to many lawyers and ensure that lawyers are included when resettlement schemes are designed and implemented.

When such lawyers seek refuge in Scotland, or the wider UK, law societies should support those lawyers directly. This may be by waiving requalification fees, promoting job opportunities where possible, working with the profession to assist, and welcoming them into the community of lawyers here.

Whilst the official focus is on Afghanistan, it is important to remember that lawyers face danger across the world, including here in Scotland.

We have seen in recent years consistent commentary from UK government figures publicly criticising lawyers for doing their jobs. Government ministers who do so undermine the rule of law and put lawyers, and those in the wider sector, at risk. It is the role of the lawyer to carry out their professional duties on behalf of their clients without fear of favour. After all, who is it who acts for the government when challenged? A lawyer undertaking their professional duties!

The language around lawyers challenging the UK government in court has, at points, been inflammatory. We, and other professional bodies, have consistently pointed out that this is at best unbecoming of a government and at worst downright dangerous. Governments who sow a wind should not be surprised when they reap a whirlwind.

Here in Scotland, in the last 12 months alone, there have been a number of deeply concerning cases of lawyers being attacked in their offices or at court or being abused in person or online. This is unacceptable and we must all continue to call it out.

In October 2022, our Council made a public resolution condemning violence, intimidation and threats against our members and, indeed, all working in the legal sector. It was pleasing to see the Cabinet Secretary for Justice supporting that work. All of us in the sector need to stand up to those threats here and to work collaboratively to support the rule of law around the world.