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lucia brieskova

Dr. Lucia Brieskova

Member

Called: 2019

Qualified to accept Public Access instructions

Licensed to Conduct Litigation

Clerk: Mark Cornell

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Tel: +44 (0)20 3597 7130

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Introduction

Lucia Brieskova is a barrister with a broad practice including international and domestic law. Her international practice focuses on international criminal law, international humanitarian law, public international law and human rights. Lucia’s domestic practice includes primarily extradition, crime and regulatory law. 

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International law 

Lucia has over 12 years of experience in international law spanning many geographical areas and thematic issues and international courts and mechanisms. As a barrister Lucia is instructed to advise on and represent clients regarding procedural and substantive aspects of areas of international law within her expertise.

 

Prior to being called to the Bar of England and Wales, Lucia worked for the Director of Legal Advice and Public International Law advising Secretary General of Council of Europe in Strasbourg. She has also worked at the Court of Justice of the European Union in Luxembourg. 

 

Examples of Lucia’s international law work include:

  • Afghanistan: representing an Afghani human rights defender, who had to flee Afghanistan following his arrest and torture by Taliban for his advocacy and human rights work. 

 

  • Sudan: representing Sudanese civilians, summitted communication to the Prosecutor’s Officer of the International Criminal Court (ICC) pursuant to Article 15 alleging war crimes and crimes against humanity committed by the Rapid Support Forced on civilians.

 

  • Kosovo: at Kosovo Specialist Chambers assisted lead Counsel, who represented Nasim Haradinaj, who served as Deputy Chairman of the KLA (War Veteran’s Association), during his trial for public order offences and offences against the administration of justice.

 

  • Yemen: communication to the ICC contending that an investigation should commence into the alleged war crimes and crimes against humanity. It was argued that the ICC has jurisdiction over the existing situation in Yemen, an ICC non-member state, utilising previous similar successful arguments regarding the ICC jurisdiction over cross-border crimes in the case of Rohingya refugees fleeing from Myanmar to Bangladesh. 

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  • Myanmar: contributed to amicus curiae submission to the ICC concerning whether the ICC had territorial jurisdiction over the deportation of Rohingya from Myanmar into Bangladesh. It was argued that because the crime of deportation involved crossing an international border into Bangladesh—which is an ICC member state—part of the act occurred on territory where the Court has jurisdiction.

 

  • Syria: contributed to the international efforts for the creation of The Exceptional Chemical Weapons Tribunal, a proposed international court launched by Syrian civil society groups and legal experts to prosecute chemical weapons attacks in Syria and worldwide.

 

  • Advising governments: advising governments on a wide range of justice and human rights reforms.

 

  • Latin America: supporting ethnic and civil society communities in Colombia and Nicaragua—to participate in formal transitional justice mechanisms, focussing on accountability, protecting victims’ rights, and fighting impunity.

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  • UN mechanism and special procedures: submitting various complaints regarding human rights violations such as to the UN Working Group on Arbitrary Detention.

 

  • European Court of Human Rights: assisted lead Counsel in landmark case of Abu Zubaydah v Poland. Poland was complicit in CIA secret detention and torture of AZ allegedly a terrorist involved in 9/11 attacks. 

 

  • Council of Europe: worked on pressing issues such as the annexation of Crimea by Russia, foreign terrorist fighters, and the accession of the EU to the ECHR.

Extradition, INTERPOL, and Mutual Legal Assistance 

Lucia has substantial experience in extradition. She is regularly instructed by the Crown Prosecution Service, Special Crimes Division as a Senior Crown Prosecutor in extradition matters. Lucia is on the CPS Extradition Panel of Counsel (Grade 2). She has acted on behalf of requesting states in export Part 1 and 2 extradition matters before Westminster Magistrates’ Court as well as the High Court. 

 

Moreover, Lucia is being instructed by prosecuting local authorities in extradition matters. She advises local authorities on all aspects of import extradition matters from reviewing relevant documentation and evidence, to drafting the extradition requests to practical steps on bringing requested persons to the UK.  

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Lucia also represents requested persons in extradition proceedings before the Westminster Magistrates’ Court and the High Court. She has been instructed in matters which included wide range of arguments including complex human rights and legally technical arguments such as dual criminality, specialty, and extraneous circumstances. In her practice Lucia often utilises her language skills and country knowledge. 

 

Lucia is developing her practice in INTERPOL and mutual legal assistance matters. This includes advising clients subject to Interpol Red Notices and Diffusions, seeking the removal or review of unlawfully issued notices through the Commission for the Control of Interpol's Files (CCF), where notices have been issued for politically motivated purposes or in circumstances otherwise incompatible with Interpol's Rules on the Processing of Data, including cases involving alleged abuse of the Interpol system by state actors. Lucia can advise at all stages of the Interpol process, from the initial assessment of a notice's validity and the preparation of CCF applications.

Crime and Regulatory 

Lucia also defends and prosecutes in the Magistrates’, Youth and Crown Courts and her practice extends to a full range of criminal offences. She is on the CPS General List of Counsel (Level 1). 

 

Lucia often acts on behalf of regulators such as Social Work England or the Nursing and Midwifery Council in substantive and interim matters. In addition, Lucia accepts instructions from professionals who require representation in relation to allegations of regulatory breaches in their professions. 

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Education

PhD in International and European Law, Oxford Brookes University (Oxford, UK)
BPTC, University of Law (London, UK)
Certificate in Law, War and Human Rights, London School of Economics (London, UK)
LLM in International and European Law, Jean Moulin University (Lyon, France)
LLB, Oxford Brookes University (Oxford, UK)

Memberships

The Honourable Society of the Inner Temple
Defence Extradition Lawyers Forum (DELF)
Association of Young International Criminal Lawyers

Appointments and Awards

Attorney General’s Civil Law C Panel of Counsel

CPS Extradition Panel (grade 2)

CPS Panel (grade 1)

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Publications

CrimeLine 

  • Case comment: good news for the future of the “forum bar”? 

https://crimeline.co.uk/knowledge-base/case-comment-good-news-for-the-future-of-the-forum-bar/

 

  • Prison conditions and extradition proceedings in the time of coronavirus

https://crimeline.co.uk/knowledge-base/prison-conditions-and-extradition-proceedings-in-the-time-of-coronavirus/

 

  • Remote justice: extradition proceedings in the time of coronavirus

https://crimeline.co.uk/knowledge-base/remote-justice-extradition-proceedings-in-the-time-of-coronavirus/

 

International, human rights and EU law

  • It’s about Human Rights, Stupid!

https://verfassungsblog.de/its-about-human-rights-stupid/

 

  • The new Directive on intra-corporate transferees: Will it enhance protection of third-country nationals and ensure EU competitiveness?

mvmvm

Expertise

Extradition & Mutual Legal Assistance

Rule of Law Development

Government Advisory Work

Public International Law

Atrocity Crime Prevention

International Criminal Law

Anti-Corruption & Bribery

Languages

English

Slovak (native)

Czech (fluent)

French and German (business)

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