Areas of PracticeCriminal, Public and International Law: European Court of Human Rights Litigation, European Court of Justice Human Rights Actions; United Nations/OSCE/COE advisory work including Conflict Resolution Advisory Work; Domestic Human Rights Actions; Terrorism; Proscription Actions; Extradition; Immigration & People Trafficking Offences; Civil: Actions against the Police; Charitable Trust Matters & Temple Disputes. Professional and Litigation Profile Mark is a senior barrister at Garden Court Chambers who primarily specializes in public international law, human rights law, terrorism, proscription, and criminal defence work. He regularly advises international bodies on conflict resolution and post conflict justice issues and is a senior advisor to the Centre for Humanitarian Dialogue in Geneva. In 2001 he qualified and was admitted to the Faculty of Advocates in Edinburgh, Scotland. He was previously Head of Chambers at 10-11 Gray's Inn Square between 1998 -2006 and is currently Chair of the Bar Human Rights Committee of England and Wales ("BHRC"), Chair of the Kurdish Human Rights Project ("KHRP") and a Patron of the Zimbabwe Defence and Aid Fund, and a founder director of the EU-Turkey Accession Civic Commission ("EUTCC") which monitors Turkey accession to the European Union. He is also a founding Trustee of the Delfina Foundation and Executive Director of Beyond Borders, an arts and culture consortium dedicated to the promotion of international cultural exchange. What others say Mark was short-listed for Liberty/Justice's prestigious Lawyer of the Year Award in 2006 in recognition of his "commitment to fighting against the excesses of the war on terror." Nominators included Noam Chomsky and Harold Pinter. He was shortlisted for the Lawyer of the year Award for the second year running in 2007 for his "continued contribution to the promotion of human rights and his commitment to the defence of vulnerable ethnic and minority communities." More recently, in November 2008 Mark won the 2008 Sydney Elland Goldsmith Bar Pro Bono Award for his work in promoting the rule of law in Afghanistan. Mark Muller QC has consistently been ranked as a leading Silk in Chambers and Partners guide to the Bar. In 2008 Chambers and Partners noted that Mark Muller QC "has acted on a number of freedom of expression and terrorism-related cases, and regularly conducts cases before the ECHR. "He has been to the ECHR literally hundreds of time and never let anyone down."" In 2009 Chambers and Partners described Mark as a ""highly organised practitioner who works phenomenally hard and is able to take account of the political and legal sides of an argument." This political awareness is particularly relevant as he has handled several terrorism-related cases."" Legal 500 has also ranked Mark Muller QC as a leading silk in Civil liberties and Human Rights and head of Garden Court's International litigation team. European Court of Human Rights litigation Over the course of the last 18 years Mark has appeared in numerous cases before the European Court of Human Rights ("ECtHR") dealing with all principal Articles of the Convention. He is head of the KHRP legal team which has brought over 100 successful cases against the Government of Turkey, a full list of which can be found on the KHRP website. See www.khrp.org. Throughout the early 1990's Mark led evidence gathering teams in Turkey and appeared before fact finding hearings before the European Commission of Human Rights in Ankara. Since 1996 he has pleaded and presented some of the KHRP's most important cases. Mark has also acted for numerous other individuals and states involved in litigation before the European Court of Human rights in relation to other member states. He is currently instructed alongside Ben Emmerson QC in respect of 62 village destruction cases arising out of Turkey's military incursion into Northern Iraq in 2001. Examples of recently concluded cases in which Mark acted include: Amiryan v. Armenia (31553/03) Gasparyan v. Armenia (35944/03) Sapeyan v. Armenia (35738/03), (13 January 2009) Violation of article 11; Tadevosyan v. Armenia (41698/04) Mkhitaryan v. Armenia (22390/05)
Kirakosyan v. Armenia (31237/03), 2 December 2008 Violation of article 3, 6 and article 2 of Protocol No. 7 Meltex Ltd And Mesrop Movsesyan V. Armenia (32283/04), (17 June 2008) Violation of article 10 in respect of restrictions imposed on a private TV station; Emine Arac v. Turkey (9907/02), (23 September 2008). Violation of article 6 Ayaz v. Turkey (44132/98), (8 January 2008). Violation of article 3; Yurdatapan v. Turkey, (70335/01), (8 January 2008). Violation of articles 6, 10; Osmanoglu v. Turkey (48804/99), (24 January 2008). Violation of articles 2, 3 Issa & Others v. Turkey which re-affirmed the extra-territorial reach of the Convention where Member States exercise de facto military control over a non-member state's territory (in this case Iraq);
Michael Kyprianou -v- Republic of Cyprus (Grand Chamber 73797/01), (15 December 2005), which has become the lead case on the ambit of contempt of court and disciplinary sanctions against lawyers operating within the Council of Europe jurisdiction, including recognition of an advocate's rights under Article 10. Sinan Tanrikulu & Others v Turkey (29918/96, 29919/96 and 30169/96), (6 October 2005) Violation of article 5, which confirmed the 14 day detention time limit even during states of emergency situations; Yasin Ates v. Turkey (30949/96), (31 May 2005). Violation of articles 2, 5, 13; Abdullah Ocalan v. Turkey (46221/99) (Grand Chamber - 12 May 2005), which concerned the abolition of the death penalty, the extra-territoriality of Convention jurisdiction, conditions of detention, and a fair trial norms under Article 6.
The KHRP Legal Team As head of the KHRP legal team Mark Muller has helped oversee and co-ordinate the litigation strategy of the KHRP. The Team has successfully handled the following cases: Unsal Ozturk v. Turkey (29365/95), (4 October 2005) Violation of articles 7, 10; Akdeniz v. Turkey (25165/94), (31 May 2005) Violation of articles 2, 3, 5, 13; Dizman v. Turkey (27309/95), (20 September 2005) Violation of articles 3, 13; Mentese and others v. Turkey (36217/97), (18 April 2005) Violation of articles 2, 13; Koku v. Turkey (27305/95), (31 May 2005) Violation of articles 2, 13; Kismir v. Turkey (27306/95), (31 May 2005) Violation of articles 2,3,13; Celikbilek v. Turkey (27693/95), (31 May 2005) Violation of articles 2, 13; Kamil Uzun v. Turkey (37410/97), (10 May 2007) Violation of article 2; Nesibe Haran v. Turkey(28299/95), (6 October 2005) Violation of article 2; Belkiza Kaya and others v. Turkey (33420/96, 36206/97), (22 November 2005) Violation of articles 2, 5, 13; Kanlibas v. Turkey (32444/96), (8 December 2005) Violation of articles 2, 3; Sirin Yilmaz v. Turkey (35875/97), (1 February 2005) Violation of articles 2,13; Dundar v. Turkey (26972/95, (20 September 2005) Violation of articles 2, 13; Akkum and others v. Turkey (21894/93), (26 June 2005) Violation of articles 2, 3, 13 and Article 1 of Protocol No. 1; Hasan Ilhan v. Turkey (22494/93), (9 February 2005) Violation of articles 3, 8, 13 and Article 1 of Protocol No. 1; Varli and others v. Turkey (57299/00), (27 April 2006) Violation of articles 6, 10; Caplik v. Turkey (57019/00), (15 July 2005) Violation of article 6; Duzgoren v. Turkey (56827/00), (9 November 2006) Violation of articles 6, 10; Ucar v. Turkey (52392/99), (11 April 2006) Violation of articles 5, 8, 13; Seker v. Turkey (52390/99), (21 February 2006) Violation of articles 2, 11; Karaoglan v. Turkey (60161/00), (31 October 2006) Violation of article 6.
Recent European Court of Justice cases Mark also provides advice and representation in human rights and de-proscription actions brought before the European Court of Justice of the European Union. Most recent cases include: PKK and KNK V Council of the European Community- Case T-229/02 Judgment of 15/02/05 of the European Court of Justice and 03/04/08 of the Court of First Instance of the European Communities;
Kongra-Gel and Others V Council of the European Union, United Kingdom of Great Britain and Northern Ireland, Intervener - Case T-253/04 Judgment of 03/04/08 the Court of First Instance of Instance of the European Communities;
Gloszczuck - Case C- 63/99 [2001] 17,22 - an Article 177 reference from the UK in which the European Council, Commission and 11 member states intervened concerning the direct effect of rights of establishment in the EU-Polish Association Agreement: Domestic Criminal and Terror related cases Mark has also appeared in a number of criminal, terror and proscription related actions in the domestic jurisdiction. Examples of his cases include: Lord Alton of Liverpool and Others. V Secretary of State for the Home Department [2008] 2 Cr. App.R. 31 CA (Civ.Div) (which declared the proscription of the Iranian resistance movement, the PMOI, unlawful and characterised the refusal decision of the Home Secretary to de-proscribe as legally perverse)' R v Christhanthkumar & Others (Kingston Crown Court (2009) - (concerning allegations of terrorist fundraising against an alleged leading member of the LTTE in the UK) R v Avery & Others (Winchester Crown Court (2008)) - (concerning allegations of blackmail against leadings members of the Stop Huntingdon Animal Cruelty ("SHAC") campaign for animal rights.) R. v McInnerny (Reading Crown Court (2008)) - (concerning an allegation of attempted murder of a groom at a wedding in which the defendant famously escaped from the dock) R. v Zafar & Others (Central Criminal Court (2007)) - (in which arguments were presented in the Crown Court concerning the ambit of section 57 and 58 of the Terrorism Act 2000. See R v M and Others (unreported [2007] EWCA Crim 18 and R. v Zafar [2008] 2 Cr.App.R. 8, CA.) R v Sultan Mir (Central Criminal Court (2007)) - (in which the defendant was acquitted of a double murder in the "Tooting Bec Double Murder Case"). R v Kalayci & Others (Kingston Crown Court (2004) - (in which terror charges against alleged members of the DHCP-C were successfully stayed as an abuse of process); R v Lucky Jacobs (Harrow Crown Court (2005) - (In which an acquittal was secured in respect of the alleged ring leader of the immigration riots in the "Yarlswood Detention Centre Arson Case.") R v Karayilan (2003) - (concerning a successful defence against charges of terrorist fundraising in respect of alleged members of the PKK) R. (Kurdistan Workers Party) v. Secretary of State for the Home Department [2002] A.C.D. 99, QBD (Richards J.) - (finding of an arguable claim on Judicial review that proscription and the consequential criminal prohibitions have rise to substantial interference with the rights to freedom of expression and association). BHRC litigation and legal work As a member of the Bar Human Rights Litigation Team he has been involved in numerous international human rights test cases, including most recently, the U.S. Supreme Court Case of Hamdan v Rumsfeld, which upheld the habeas corpus and fair trial rights of Guantanomo detainees and declared unlawful proposed military tribunals. He has also conducted numerous human rights facting finding and training missions for the BHRC. Recent missions include fact-finding missions to Iraq. See The Civilian Toll of Cross-Border Operations in Iraq: Fact-Finding Mission Report by Mark Muller, Kerim Yildiz and Tanyel B. Taysi. ISBN is: 978-1-905592-26-5L. In October 2009 Mark conducted a mission to Zimbabwe to audit the rule of law in the country since the Global Political Agreement with the Chairman of the Bar, Desmond Brown QC, on behalf of the Bar Council and Commonwealth Lawyers Association. The Report entitled: "A Place in the Sun" is due to be published in March 2010.
Conflict resolution and post reconstruction advisory work As a senior advisor to the Centre of Humanitarian Dialogue in Geneva, and Chair of the Bar Human Rights Committee, Mark has been involved in a number of conflict and post-conflict dispute resolutions around the world. He is a member of the FCO Post Conflict network group and Post Conflict Peoples Organisation. At present he is engaged in justice reconstruction programmes in Afghanistan, Sudan, Palestine, and Iraq. Over the last five years he has led missions to India, Russia, Syria, Turkey, Armenia, Azerbaijan, Iraq, and Afghanistan. He continues to be instructed in a number of IDP cases before the European Court of Human Rights, including Elkhan Chiragov & Others v. Armenia, the first IDP case pertaining to the region. Lecturing and training Mark Muller has lectured on European and Human Rights Law. Between1988-1990 he was an Assistant Professor in Political Science and Law at South Eastern University, Washington DC, (Middle East campus). In 1991 he returned to London to practice law and lectured on European and Human Rights Law on behalf of the University of London. Throughout the last 15 years he has lectured extensively on the human rights situation in Turkey, before numerous international conferences, including seminars for the Middle East Studies Association in the U.S. Mark has also helped devise and provide ECHR training to lawyers throughout Europe and beyond on behalf of the Bar Human Rights Committee, the International Bar Association, the Kurdish Human Rights Project and the Council of Europe. In particular, he has conducted workshops on behalf of the UN, OSCE, and Council of Europe in Turkey, Azerbaijan, Armenia, India and the United States. He has also assisted the FCO in its training programmes in respect of Iraqi judges and regularly holds seminars and meetings with FCO and British Council funded legal visitors from abroad. Publications Mark has written extensively on a wide variety of human rights and legal subjects. His most recent books include; "Turkey, European Union and the Kurds" (2008) co-written with Kerim Yildiz and Noam Chomsky published by Pluto Press; and "The Kurds: Through the Photographers' Lens" (2008) published by Trolley Books. He is due to complete a three-volume history of the Kurdish Conflict in the Middle East in 2010. Recent article is entitled: "Terrorism, Proscription and the Right to Resist in the Are of Conflict" published by the Denning Law Journal 2008 Vol. 20 pp111-131. Between 1990-93 he was the Editor of Amnesty International Lawyers' Group Magazine. In the early 1990's he wrote a series of groundbreaking fact finding and trial observations reports detailing the systematic abuse of human rights in the Kurdish areas of Turkey on behalf of Article 19, the Bar Human Rights Committee and other NGO's. Early examples of these reports include: Censorship & the Rule of Law in Turkey: The Case of Ozgur Gundem (1993); Advocacy & the Rule of Law: The Prosecution and Repression of Defence Lawyers in Turkey (1994); Nationalism & The Rule of Law in Turkey (1995). In 1996 Mark co-authored a book with Professor Robert Olsen at the University of Kentucky entitled "The Kurdish Nationalist Movement in the 1990's". Since then, he has contributed to numerous legal publications of the Kurdish Human Rights Project and is one of the editors of the Kurdish Human Rights Legal Review. Mark has also written a number of legal reports for other Bar Associations, and the British Parliamentary Human Rights Group. In 1998 he wrote an in depth analysis about the human rights situation in Bahrain entitled: "The State Security Courts in Bahrain". This report received widespread publicity in the region and was instrumental in the successful campaign to abolish the tribunals. More recent examples of his publications include: "Freedom of Expression and Association in Turkey." [ISBN: 1900175940], which he co authored with Camile Overson Hensler in 2005; "The Status of Internally Displaced Kurds in Turkey and Compensation Rights," [ISBN 1 900175916] which was published in 2006 following an extensive fact-finding mission to the region;. The Civilian Toll of Cross-Border Operations in Iraq: Fact-Finding Mission Report by Mark Muller, Kerim Yildiz and Tanyel B. Taysi. (2009) ISBN is: 978-1-905592-26-5L Mark has been a contributing editor to the annual EUTCC Conference Review Journal and other related periodicals. Human Rights lobbying Throughout the last decade Mark Muller has advised and been extensively engaged in human rights lobbying on behalf of international NGOs concerning developments in Human Rights. He has appeared before the OSCE and the UN Human Rights Commission to present submissions on behalf of numerous international NGOs. In 1998 he helped lead the UK Coalition of NGOs in support of the International Criminal Court and attended the United Nations Rome Conference, which established the International Criminal Court Statute. He also contributed to the preparatory hearings concerning the practice and procedure of the Court. As a BHRC representative Mark sat on Robin Cook's Foreign Office Death Penalty Advisory Committee and has appeared before Parliamentary Select Committees concerning various human rights and environmental issues. He is currently a member of the Attorney General's Pro Bono International Committee. Throughout the last 10 years he has made regular appearances in the international and national media on issues such as the abolition of the death penalty, journalistic freedom, and Guantanamo Bay. He was one of the first lawyers to publicly raise and criticise the system of detention at Camp X in February 2002. More recently, in 2004 he has been actively engaged in highlighting and assisting persecuted lawyers and human rights activists in countries as diverse as Zimbabwe, Pakistan to Bahrain. Mark regularly speaks at parliamentary and public meetings for groups who are engaged in defending the rights of disadvantaged communities, such as CAMPACC. Other professional interests Mark is very committed to the arts and promotion of cultural exchange. Mark is a founding Trustee and director of the Delfina Foundation which is dedicated to promotion of mutual understanding between East and West through artistic and cultural exchange and dialogue. Over the last two years Mark has helped established ten residency centres in the Middle East, which facilitate the exchange of artists to and from the region and the UK.See www.delfinafoundation.com/watch_df_film.php More recently, Mark has been instrumental in the creation of an arts and dialogue consortium called Beyond Borders which facilitates international cultural projects through six mediums: arts, literature, film, heritage, interfaith, dialogue and mediation. Beyond Borders Festival will run alongside the Edinburgh Festival in 2010 and explore the role of small nation cultures in the modern world, bringing together a artists, filmmakers, writers and activists from Palestine, Kurdistan, Georgia and Zimbabwe. He has also advised various film-makers on the law and more broadly about the role of law and lawyers. He recently advised Channel 4 on the law in respect of assisted suicides. Other recent film projects in which he was involved include: "Bridget Jones Diary" by Working Title; "In this World" by Michael Winterbottom; "Spooks" by the BBC; and the 2009 BAFTA nominated short "Kingsland" by Tony Grisoni.
|
