Michael Polak speaks at Commonwealth Lawyers Association Conference in Malta on sanctions delisting and the right to a fair hearing
On 8 April 2025, Michael Polak spoke at the Commonwealth Lawyers Association’s Biennial Conference on a panel which was titled ‘Navigating sanctions (while respecting the right to a defence and access to justice).’
Michael’s presentation to lawyers and judges from across the Commonwealth covered the listing and delisting processes, potential challenges to sanction listing, the international courts’ approach to protecting due process rights in relation to sanctioned individuals, the lacuna in the United Kingdom’s post-BREXIT sanctions system in relation to the lack of access to a Court to challenge sanction designation by the UN Security Council, and the potential Article 6 right to a fair trial breaches involved when sanctioned individuals have no access to a court to challenge the substantive desictuon to designated them.
Michael also covered the changes at the international level, including the UN Sanctions Committees, the Focal Point, and the Office of the Ombudsperson in relation to those designated under the ISIL (Da’esh) and Al Qaida sanctions regime.
Michael has previous experience making submissions to the United Kingdom Foreign Office for the listing of individuals under the Global Human Rights Sanctions Regulations, as well as under the corresponding Canadian regulations.
On the panel with Michael were Caymanian lawyer Adam Huckle, Gibraltar Judge Matthew Happold, and chairing the panel was Nigerian lawyer and Attorney-General & Commissioner for Justice of Ekiti State Olawale Fapohunda.
Michael can be instructed in all matters concerning sanctions including delisting applications both domestically or internationally, as well as all other international law matters by contacting his clerks by phone (+44 (0)20 7936 3637) or email (clerks@churchcourtchambers.co.uk).
