Improving lives and defending human rights
Our pro bono report 2024
Assisting Olympic boxing champion Imane Khelif fight qualification challenges
Contents
Protecting reproductive rights and seeking justice for human rights abuses
Securing ground-breaking parental rights in Hong Kong same-sex case
Helping a New Yorker fight for her family home
Bringing justice to victims of war atrocities in Ukraine
Overturning a US death row sentence
Protecting biodiversity in the high seas
Investigating human rights abuses and violations by Venezuelan authorities
Ensuring the safety of six year old Eitan Biran, the sole survivor of a cable car crash in Italy
Opening remarks from Ivan Sacks, our Global Head of Pro Bono
As the firm has grown and widened geographically, so too have the concerns, capacity and commitment of our lawyers, executives and staff as a whole to continue to make meaningful contributions to the improvement of our society. One of the most important ways we express that commitment and rise to its challenge is through the strength of our global pro bono program. Withers' pro bono program draws on the enormous range of knowledge and skills of our people – both lawyers and business services professionals – to expand access to justice, promote recognition and enforcement of human rights, protect the environment, and promote gender justice, racial equity, education and poverty reduction. Through this work, we strive to improve our clients’ lives, strengthen our communities and international order, and deepen our own professional experience. This report draws together and celebrates some recent highlights from our international pro bono work. We hope it gives you some sense of the range of work that we do on a pro bono basis every day. Whether you are a member, client, friend or even prospective employee of our firm, I hope it will strengthen your understanding and engagement with who we are as an organization. I want to take this opportunity to thank all in our pro bono community of volunteer lawyers and staff, firm and regional heads, as well as the many public and private service organizations we work with in service of the public good, to make the impact that we do.
contents
207
Pro bono cases
over
14,200
hours
(January 2021 - August 2024)
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We represented Eitan's aunt by securing the guardianship and returned Eitan to his paternal family in Italy.
Ensuring the safety of six year old Eitan Biran (cont.)
In the accident, which gained worldwide media coverage owing to the high death toll, Eitan lost his parents, his brother and two of his great-grandparents, as well as suffering from serious injuries himself. Right after the crash, a dispute arose between the father's and the mother's family over who should be appointed as guardian of the boy and which family he should live with. The situation was exacerbated by the grandfather's illegal abduction of Eitan to Israel, which triggered the start of special proceedings in Israel under the Hague Convention on the Civil Aspects of International Child Abduction, culminating in a decision by the Israeli Supreme Court that found that the abduction had been illegal. Eitan returned to Italy and since then has been living with his aunt and her family in a town near Milan. This challenging case, in which we assisted the father's sister Aya, involved three civil courts and cross-border litigation. What's more, the hearings were constantly under scrutiny from both Israeli and Italian media outlets.
Our Milan team, led by partner Cristina Pagni and senior associate Massimo Sana, assisted Eitan, a six-year-old boy who was the sole survivor of a deadly cable car crash in the north of Italy. Eitan was subsequently kidnapped by his maternal grandfather who took him to Israel.
I am proud to have provided my legal expertise in this pro bono case. It was a truly rewarding experience.
Massimo Sana Associate | Milan
We have been working with Amicus, a UK-based NGO focussing on supporting the representation of defendants in the sentencing mitigation phase of death row penalty cases in the U.S, where careful research and analysis of case histories can potentially make a 'life or death' difference in cases.
The Amicus project was one of the first projects led out London office so it was particularly rewarding to see the result. It was a real team effort with many fee earners and support staff involved and working together. It shows what can be done when people give their time to important causes
Stephen Richards | Partner | london
Overturning a US death row sentence (cont.)
Original trial sentences are themselves often subject to question in these cases for reasons of economic, racially discriminatory and quality of representation disparities. Following an online seminar with Amicus, which was open to qualified lawyers and non-fee earners, our first project was Luther Douglas's case. Mr Douglas was sentenced to death in 2002 for a homicide that took place in 1999. He was found to be eligible for resentencing under case law which indicated that Florida's death sentence was unconstitutional because the jury at his trial was not unanimous (one juror voted against a death sentence). Mr Douglas has an extensive trauma history as his childhood home was unsafe and we developed the research over many months to make a claim of intellectual disability, which was accepted by the State Attorney's Office, which ruled that Mr Douglas should instead serve a life sentence. This project allowed for both lawyers and non-lawyers to get involved, with a total of 25 fee earners and non-fee earners signed up to work on it. The case has had an important impact on everyone involved, giving the opportunity for junior lawyers, trainees and non-lawyers to have a first-hand understanding of death row criminal proceedings, as well as appreciating the importance of obtaining effective and proper legal representation. 25 volunteers have been involved, including 10 qualified lawyers and 15 non-fee earners.
Capital punishment is an active part of the justice system of several US states, with 10 states having carried out executions within the past decade.
We are really grateful to Withers LLP and all of the caseworkers involved for their outstanding work to date. With their support, Amicus was able to review a vast amount of documents relating to an individual held on Florida's death row. Thanks also to Withers' 30+ pro bono volunteers, relevant information was uncovered, based on which the State of Florida agreed to waive the death penalty in this case. We are so grateful to every single person involved at Withers for all their support and dedication - their work matters.
Diana Rescaldani | Amicus | Casework and Operations Manager
In a landmark case, we managed to secure equal custody rights for same sex parents, paving the way for others even if one parent does not have a biological connection.
Securing ground-breaking parental rights in Hong Kong same-sex case (cont.)
Partner Jocelyn Tsao, associate Katherine Ng and Jocelyn's sister Evelyn Tsao's client in this matter was a woman whose partner had given birth to two children with the assistance of sperm donors. The couple’s first child was born in Australia in 2010, with both mothers registered as his legal parents under Australian law, and their second child in Hong Kong, where it was not possible for our client to be listed as the child’s parent. Following the couple’s separation, they transitioned into a co-parenting arrangement with equal involvement in their children’s lives. Our involvement in the matter began with an application to formalise our client's parental rights should anything happen to the birth mother, potentially leaving our client with no legal rights over her children. We were able to convince the Court that it is in the children's best interests to recognise our client as a parent with parental rights as both parents have always had de facto shared care and control of the children and the children were accustomed to their family make-up. The Hong Kong High Court handed down a judgment which ruled that the government's non-recognition of the parental status of same-sex parents who underwent reciprocal IVF was a form of discrimination against the child. The Court, while being constrained by the current legislation in HK, legally recognised the egg-mother's parental status by declaring that she is a "parent at common law" and granting our client guardianship rights, joint custody, and shared care and control. The judge added that, "the Court should be astute to the changing world where people build families in different manners other than through a married or heterosexual relationship." Lawyers advocating LGBTQ rights have lauded the ruling as a giant step for rainbow families.
Rights for LGBTQ+ individuals and couples are very limited in Hong Kong, and same sex relationships are not recognised by law. This is a particular problem for same-sex parents.
This case has led the way for a re-evaluation of how same-sex parents are treated in Hong Kong. We are thrilled to have been able to secure equal parental rights for our client and for other rainbow families to come
Jocelyn Tsao Partner | Hong Kong
Investigating crimes against humanity by Venezuelan authorities (cont.)
The Venezuelan authorities have responded to protests in the country with systematic repression and extreme violence, resulting in the deaths of thousands of protesters, and other human rights violations including torture, persecution, sexual violence, and arbitrary detention. In September 2018, six States Parties to the Rome Statute of the ICC requested the ICC Prosecutor to initiate an investigation on crimes against humanity allegedly committed in the territory of Venezuela since February 2014, in the first referral submitted by a group of States Parties concerning a situation on the territory of another State Party. This is the first ever ICC investigation in a Latin American country. Working with CFJ’s The Docket programme and Venezuelan human rights organization Foro Penal, we have worked to document evidence of serious human rights abuses committed by Venezuelan state officials, including officers of various ranks of the Directorate General of Military Counterintelligence (DGCIM). This resulted in an evidentiary report that was submitted in October 2022 for submission to the ICC Prosecutor’s Office to support its investigation and ensure that perpetrators are held to account.
The Clooney Foundation for Justice (CFJ) was established by Amal and George Clooney in 2016 to provide free legal support to victims of mass human rights abuse. The foundation's many programs aim to fight systemic injustice against vulnerable communities around the world.
We have assisted CFJ in helping seek justice at the International Criminal Court (ICC) for victims of crimes against humanity in Venezuela.
Investigating crimes against humanity by Venezuelan authorities for submission to the International Criminal Court
A team of more than 15 lawyers from our US and UK offices advised in support of the Task Force’s work, which encompassed proposals for accountability, including through the United Nations and regional organizations, advice and potential representation relating to civil and criminal cases (including under universal jurisdiction laws) to secure criminal accountability and reparations in national jurisdictions, and strategic guidance on Ukraine’s cooperation with the International Criminal Court.
Bringing justice to victims of war atrocities in Ukraine (cont.)
Other members of the task force include law firms Covington & Burling and Sygna Partners, international human rights lawyers Amal Clooney, Richard Hermer KC, Tim Otty KC and Philippa Webb, as well as the head of the International Bar Association’s Human Rights Institute, Baroness Helena Kennedy, and former President of the UK Supreme Court, Lord Neuberger. The task force was also supported by leading academics including Professor Marko Milanovic (University of Reading) and Professor Andrew Clapham (Graduate Institute, Geneva) as well as the Centre for International Governance and Dispute Resolution at King’s College London, the Clooney Foundation for Justice and the International Bar Association’s Human Rights Institute. Having worked closely with the Government of Ukraine on a range of projects for many years, this initiative is without doubt the most important project on which we have advised the Government to date.
We have provided pro bono advice to the Government of Ukraine as part of a legal Task Force on Accountability for Crimes Committed in Ukraine to support Ukraine in delivering justice for victims of international crimes committed by Russia in Ukraine.
The Center for Reproductive Rights (CRR) is a global human rights organization of lawyers and advocates which, since 1992, has worked to ensure reproductive rights are protected in law as fundamental human rights.
It gives me a great sense of pride and enthusiasm embarking every year on new and challenging pro bono matters which impact the life of millions of women all over the world.
Camilla Gambarini SPECIAL COUNSEL | london
Our collaborations have included assisting it with litigation before national courts including the US Supreme Court and the Constitutional Court of Uganda. Projects have also included submissions to regional human rights bodies, including the Inter-American Commission on Human Rights and in proceedings before various UN human rights treaty monitoring bodies including the Committee Against Torture and the Committee on the Rights of the Child.
CRR estimates that its work has helped 2.3 billion people gain stronger legal protections for their reproductive rights. We have worked with CRR on a range of matters spanning the United States, Uganda, Zambia, El Salvador, Ecuador, Malawi, Kenya and the Philippines, among other countries.
...Today's challenges affect regions in which we live, where there are more obstacles to provide safe access to abortion or basic reproductive care. This underscores the importance of CRR's mission
Camilla Gambarini Senior Associate | London
The organisation has advocated for the development of a new treaty for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction which are often vulnerable to overfishing, otherwise known as the Biodiversity Beyond National Jurisdiction (BBNJ) treaty.
We have advised HSA on public international law issues and domestic legal frameworks related to the ongoing negotiations of the BBNJ by the Intergovernmental Conference of States (IGC). Our team accompanied and counselled the HSA during the third IGC session at the United Nations at which the BBNJ treaty text was negotiated and agreed, resulting in a historic treaty on conservation and sustainable use for over half of our planet. The treaty must be ratified by at least 60 countries for it to become a part of international law.
In a time of intense concern about the exploitation and degradation of marine environments and sea life, the High Seas Alliance (HSA) campaigns for stronger conservation of the high seas.
One initiative of the Center which plays to the strengths of Withers' private client and tax expertise is its Homeowner Stability project, which seeks to protect lower income New Yorkers in communities experiencing gentrification and rising home values from the loss of their homes on the death of the homeowner member of the family.
Helping a New Yorker fight for her family home (cont.)
In some cases, predatory lenders and developers have been able to take advantage of the lack of legal advice and planned estates to force partition sales and acquire homes from families in those inner city communities upon the loss of a loved one. In one case being handled by volunteer lawyers in the New York office drawn from the Private Client and Dispute Resolution practices, Withers is representing the mother of several adopted children who shared the expense and mortgage payments on a home with her long-time partner. Following that partner's death, the lender began foreclosure proceedings against the decedent partner's estate in order to sell the home for the balance of the mortgage. Because the surviving spouse was of the same-sex, prior to the legalization of same sex marriage in the US, the surviving spouse had no inheritance rights to the family home when her partner died without having made a Will. Our team of lawyers have been waging a multi-front attack on behalf of the surviving partner to keep her and her children in the home, to vindicate her beneficial ownership to a share of the home, and to ultimately stop the foreclosure and refinance the existing debt in her name.
The Association of the Bar of the City of New York's 'City Bar Justice Center' is one of the major coordinators and initiators of free legal assistance to New Yorkers of limited means.
Disqualification from the IBA 2023 Women’s World Boxing Championships over questions of whether she was eligible to compete in the female category threatened to derail Algerian boxer Imane Khelif's career. We have worked with CRR on a range of matters spanning the United States, Uganda, Zambia, El Salvador, Ecuador, Malawi, Kenya and the Philippines, among other countries. Our collaborations have included assisting it with litigation before national courts including the US Supreme Court and the Constitutional Court of Uganda.
A team of Withers sports lawyers stepped in to provide pro bono assistance in challenging that disqualification by the IBA. Imane's subsequent participation in the Olympic Games became the subject of a great deal of controversy and misinformation but, having been given clearance to take part in the Paris Olympics by the IOC, she went on to win a gold medal.
In a time of intense concern about the exploitation and degradation of marine environments and sea life, the High Seas Alliance (HSA) campaigns for stronger conservation of the high seas. The organisation has advocated for the development of a new treaty for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction which are often vulnerable to overfishing, otherwise known as the Biodiversity Beyond National Jurisdiction (BBNJ) treaty. We have advised HSA on public international law issues and domestic legal frameworks related to the ongoing negotiations of the BBNJ by the Intergovernmental Conference of States (IGC). Our team accompanied and counselled the HSA during the third IGC session at the United Nations at which the BBNJ treaty text was negotiated and agreed, resulting in a historic treaty on conservation and sustainable use for over half of our planet. The treaty must be ratified by at least 60 countries for it to become a part of international law.
The range and impact of our pro bono projects is an immense source of pride to me, and I am always impressed by how willingly our people give of their time and expertise to help others. I hope that our pro bono projects continue to deliver a positive impact in the years to come
Justine Markovitz Chairperson | Geneva
