Hamas lawyers must be struck off, says Robert Jenrick
The lawyers trying to remove Hamas from the UK's list of proscribed terrorist groups should be investigated and potentially struck off, Robert Jenrick has demanded.
The Conservative shadow justice secretary has called for 'a thorough and transparent investigation' of Riverway Law by the Solicitors Regulation Authority (SRA).
In a letter to the watchdog, Mr Jenrick said there is 'a clear need to uphold public confidence in the legal profession and to ensure rigorous enforcement of the UK sanctions regime'.
On Thursday, the firm made a legal application to Yvette Cooper, the Home Secretary, challenging the proscription of Hamas in the UK as a terrorist organisation.
In their 106-page application, Riverway argued the proscription should be lifted in line with European Convention of Human Rights (ECHR) protections for freedom of speech. It claims the ban is disproportionate and that Hamas poses 'no threat to the UK people'.
The appeal, believed to be the first of its kind, is being fronted by Mousa Abu Marzouk, Hamas's head of international relations and its legal office.
Mr Jenrick wrote that there are 'significant questions as to whether Riverway have complied with their obligations under the UK sanctions regime, the SRA's own published guidance, and broader professional standards expected of solicitors'.
In anticipation of Mr Jenrick's letter, Fahad Ansari, the director of Riverway, told The Telegraph 'we were in contact with OFSI [the Office of Financial Sanctions Implementation], external counsel and others who had represented sanctioned organisation, to ensure that we did not breach our duties under the sanctions regime'.
He also accused the shadow justice secretary of being a 'low grade politician, lack[ing] any insight on responsible public service'.
Mr Ansari has made a series of controversial social media posts related to the ongoing Israel-Gaza war.
The posts include claims that Hamas is a 'legitimate resistance movement' protecting Palestinians from 'UK-sanctioned genocide' and that the terror group is 'more popular than ever before' in the wake of its terrorist attacks on Israel on Oct 7 2023.
Meanwhile, further social media comments by Mr Ansari have since come to light.
In posts dating from last year he appeared to praise fighters of the 'courageous Palestinian mujahideen', wrote 'you should view Hamas as an army of angels' and dismissed international courts as 'hopeless', saying that 'only armed resistance' would help Palestinians.
In April last year, he posted on X: 'Eid Mubarak to everyone celebrating especially the courageous Palestinian mujahideen who continue to resist the Western-backed Israeli genocide entirely on their own. You are the pride of this Ummah. May you celebrate Eid one day in a fully liberated Palestine.'
He posted in June: 'If you believe genocidal Israel is the most moral army in the world, then you should view Hamas as an army of angels.'
In August he wrote: 'Dear ICC and ICJ. You are hopeless. Only armed resistance can protect the Palestinians from this genocide.'
The International Criminal Court (ICC) and International Court of Justice (ICJ) have, respectively, issued arrest warrants against Israeli ministers and heard a case of genocide against the state of Israel.
Earlier this week, Riverway posted a video to social media in which it announced its legal case. The video showed Mr Ansari and two colleagues handing their case to the Home Office.
In his letter to the SRA, Mr Jenrick called the move 'an obvious publicity stunt' that had 'equally obvious reputational risks' for the firm.
Making reference to the SRA's principles of upholding the administration of justice and public trust in the solicitors' profession, Mr Jenrick wrote: 'The way in which Riverway have publicised their legal work for Marzouk is in my opinion a repulsive breach of all of these principles.'
SRA guidance sets out a number of safeguards, which practising firms must follow to make sure that they do not violate the UK's sanctions regime on proscribed groups such as Hamas.
Mr Jenrick said: 'There is legitimate public interest to ascertain whether Riverway have complied with, or are in breach of, these elements of the SRA guidance.'
Mr Ansari told The Telegraph: 'In an era where low grade politicians like Jenrick and Trump lack any insight on responsible public service and have no other strategy except to incite majoritarian prejudices, it is even more important for members of the legal profession and senior policymakers to uphold the rule of law.
'At all stages before we took instructions, we were in contact with OFSI, external counsel and others who had represented sanctioned organisations, to ensure that we did not breach our duties under the sanctions regime.
'Any empathy that I have demonstrated towards the victims of the ongoing holocaust in Gaza do not in any way detract from the robust merits of this legal application. The right to resistance against apartheid and settler colonial states such as Israel is enshrined in international law.
'The views that I have expressed are consistent with that and are an exercise of the right to free speech which sits at the heart of the application – it's a fundamental right that should be valued and not used to attack the integrity of those with whom we disagree.'
Riverway Law said: 'There is an established convention that lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions, precisely because it endangers lawyers for carrying out their duties. Any media outlet that continues to promote this narrative in relation to us is effectively placing a target on our backs, and knows it.'
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