We note that lawyers based in the United Kingdom have made an application to the British Home Secretary under section 4 of the Terrorism Act 2000 to remove the name of their client, Harakat al-Muqawamah al-Islamiyyah (Hamas), from the UK Government’s list of proscribed organisations.
The legal team representing Hamas includes Fahad Ansari, and his team at Riverway Law, Franck Magennis of Garden Court Chambers and Daniel Grütters of One Pump Court Chambers.
The UN Basic Principles on the Role of Lawyers provides, inter alia, guidance on the duties of lawyers towards their clients, which include, in Principle 13:
(a) Advising clients as to their legal rights and obligations, and as to the working of the legal system in so far as it is relevant to the legal rights and obligations of the clients.
(b) Assisting clients in every appropriate way, and taking legal action to protect their interests.
(c) Assisting clients before courts, tribunals or administrative authorities, where appropriate.
Principle 16 states that:
“Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.”
Principle 17 states that:
“Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.”
Principle 18 states that:
“Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.”
We have observed that the legal team representing Hamas have been publicly identified with their client by elements of the British media. Furthermore, Robert Jenrick, Shadow Lord Chancellor and Justice Secretary, has called for the lawyers at Riverway Law to be struck off.
Fahad Ansari of Riverway Law has been subject to racist and vicious abuse online; both he and Franck Magennis have stated that they are concerned that there is a target on their backs and that their safety is at risk. These threats, arising from the media and political discourse in Britain, are completely unacceptable. The legal team representing Hamas is facing intimidation, hindrance, harassment and improper interference in the performance of their professional functions.
We offer our solidarity to the legal team representing Hamas and condemn any attempt to associate them with their client.
We call upon the Bar Council of England and Wales, and the Law Society of England and Wales, to publicly defend their role as lawyers in accordance with the UN Basic Principles on the Role of Lawyers.
We call upon the British Government to adequately safeguard the legal team representing Hamas, as their security has been threatened because of discharging their functions as lawyers.