Archive for the 'human rights' Category

Vilma Nuñez, human rights defender, who stays in Nicaragua

December 24, 2021

The long-time president of the Nicaraguan Center for Human Rights, doesn’t rule out the possibility of being jailed by the Ortega-Murillo regime. Re-published on 11 December in Havana Times:

Vilma Nuñez learned about Nicaraguan jails when she was just a child. She was eight years old when they took her to visit a political prisoner – her father. He had been imprisoned by Somoza’s National Guard, the same repressive body that years later would also jail and torture her.

In the course of over six decades of work, she’s become the veteran defender of Nicaraguans’ human rights. Founder and current president of the Nicaraguan Center for Human Rights (Cenidh), she confesses that she decided to study Law to fight against the outrages she’d experienced since childhood. Her law career has spanned 63 years, although she was very seldom the prosecutor, but almost always worked on the side of defense. See also: https://humanrightsdefenders.blog/2018/12/02/nicaragua-moves-against-women-human-rights-defenders/

Through Cenidh, Nuñez continues her struggle for the liberation of the Ortega regime’s political prisoners, just as she did in 1958, when she formed part of the Leon student movement. Through that organization, she became involved in the Committee for the Liberation of the Political Prisoners during the the Somoza regime. On one occasion, she recalls, they requested and received an audience with Luis Somoza Debayle, effectively Nicaragua’s dictator from 1956–1967. Together with university chancellor Mariano Fiallos Gil, she met with the man who had inherited the Somoza dynasty. The dictator became enraged when they demanded the release of the prisoners.

Twenty-one years after that meeting, Nuñez was jailed and tortured with electric shocks by order of the dynasty’s final successor, Anastasio Somoza Debayle. It’s not surprising, then, that the current situation of the political prisoners brings her back to the days of that other terrible dictatorship that – like the current regime – wouldn’t tolerate criticism.

In addition, Nuñez is a survivor of the student massacre of July 23, 1959. She has felt in her own flesh what it means to be jailed for false crimes because of having protested. At 83, it’s been her destiny to once more live under attack from a new dictatorship.

At the end of 2018, the Ortega regime ordered the Sandinista-dominated National Assembly to strip Cenidh of the non-profit status it had held since its founding in 1990. It also confiscated its offices.

“They’ve struck us a blow, but it doesn’t hurt us,” the Cenidh president declared defiantly. “A serious human rights organization can’t be dissolved by a resolution from a political organ with no autonomy or independence; nor can they dissolve our commitment and accompaniment of the Nicaraguan people,” she affirmed, in reference to the legislature’s decision…

According to Nuñez, all the attacks are because they won’t forgive her for having accompanied the case of Zoilamerica Narvaez, Daniel Ortega’s stepdaughter. In 1998, Narvaez filed formal accusations of 19-years of rape and sexual abuse and harassment against Ortega.

The issue most disturbs Dr. Nuñez at present is not being able to accompany the victims at the site where the human rights violations are occurring. She can’t even file an appeal, because the entire state apparatus is controlled by the Ortega regime.

“No one listens or does anything, which generates a situation of powerlessness. You can’t protest, or do anything, and for that reason I’ve said that I feel I’m a prisoner in Nicaragua,” she explains.

Vilma Núñez Cenidh

Nevertheless, she insists that she won’t cease in her struggle for the defense of human rights and the search for justice. “Fear has been one of the most powerful weapons wielded by the dictatorship, and I won’t let it dominate me,” she declares.

The human rights defender doesn’t rule out the fact that they may want to jail her. Every day, she says, she once again conquers that fear. “The authentic defense of human rights isn’t restricted to the use of the Law. Although the national and international statutes are always useful, they go hand in hand with less formal mechanisms, and one of the most effective of these is the public denunciation,” Nuñez notes.

“I’m going to continue on in Nicaragua. My commitment is to keep standing beside the people, denouncing and defending human rights as long as I can. It’s always been my lot to be standing on the sidewalk, right in the nose of the tyrants and human rights violators,” Vilma Nuñez says.

Antonia Urrejola, president of the Inter-American Commission on Human Rights: “Ever since I first met her, [Dr. Nuñez’] strength has impressed me (…) if there’s a person who’s always been present in the denunciations of human rights violations in Nicaragua, it’s her. She’s an example of strength and courage.”

Gonzalo Carrion, Nicaragua Nunca + Human Rights Collective: “The history of the human rights movement in the last sixty years in Nicaragua chronicles a people suffering and resisting two different dictatorial dynasties. Whoever writes [that story] will inevitably have to tell of Vilma Nuñez’ activism and commitment.”

Gioconda Belli, Nicaraguan writer: “Who hasn’t seen Doña Vilma traveling to the most remote places to accompany victims whose rights have been violated? No one, more than you knows how to be at the side of the Nicaraguan people.”

This article was originally published in Spanish in Confidencial and translated by Havana Times

Egypt: Activist Patrick Zaki released following international pressure

December 22, 2021

While the recent harsh sentencing of 3 human rights defenders in Egypt made headlines [see: https://humanrightsdefenders.blog/2021/12/21/alaa-abdel-fattah-and-two-others-receive-heavy-prison-sentences-in-egypt/], and the Government decried foreign intervention, it may be interesting to note that not long ago the release of another human rights defender was attributed to international pressure and campaigning.

Patrick Zaki after his release on Wednesday 8 December 2021 (Screengrab/EIPR) By Areeb Ullah

Human rights activist Patrick Zaki was freed on Wednesday 8 December 2021, a day after Egypt’s Emergency State Security Misdemeanour Court ordered his provisional release. 

Zaki, a 28-year-old researcher at the Egyptian Initiative for Personal Rights (EIPR), had been studying at Italy’s Bologna University when he was taken into custody upon his return to Cairo in February 2020. Despite his release, he still faces a range of charges, including “calling for protests without permission”, “spreading false news” and “inciting violence and terrorism”. His trial will resume on 1 February 2022.

Tuesday’s hearing was the second time Zaki’s trial has been adjourned since the first session, on 14 September 2020. Human Rights Watch (HRW) told Middle East Eye that Zaki was subjected to physical torture in the days after his arrest.

Commenting on the court’s ruling for his release, Amr Magdi, Egypt researcher for HRW, described it as “rare happy news” for Patrick and his family. “Its a win with a bitter taste,” Magdi told MEE on Tuesday, pointing out that Zaki is technically still on trial as he has not been acquitted.

Zaki had been an outspoken campaigner for the truth about the 2016 murder of Italian student Giulio Regeni in Egypt. Zaki’s arrest sparked a solidarity campaign in Italy, with politicians and activists urging Egyptian authorities to release him.  Italian human rights campaigners have expressed concerns that Zaki could be at risk of torture and ill-treatment in Egypt’s notorious prisons, drawing parallels with the torture of Regeni.  Regeni’s family has also expressed solidarity with the detained activist.

In April, the Italian senate voted to approve a proposal by two lawmakers urging the government to grant Zaki Italian citizenship. Meanwhile, more than 50 Italian cities have announced the granting of “honorary citizenship” to Zaki. This was done, EIPR said, in order to show their appreciation for him as a human rights defender and to demand his immediate release in a campaign called 100 Cities with Patrick, launched by a group of human rights activists in Italy.

https://www.middleeasteye.net/news/egypt-patrick-zaki-released-italy-solidarity-regeni

https://www.middleeastmonitor.com/20220105-egypt-releases-3-prominent-political-prisoners-what-about-the-65000-others/

Human Rights Watch advises new German Government

December 22, 2021
A man wearing a suit raises his right hand
Germany’s new Chancellor Olaf Scholz (left) and Baerbel Bas, President of the Bundestag, during the swearing-in of the new Federal Government in Berlin, December 8, 2021.  © 2021 Florian Gaertner/picture-alliance/dpa/AP Images

On 10 December 2021, David Fischer, HRW’s Media Coordinator, Germany published “A Human Rights Roadmap for Germany’s New Government“

…The climate crisis threatens catastrophic impacts on human rights, and ambitious climate action by the government to reduce greenhouse gas emissions is critical if Germany – the European Union’s biggest greenhouse gas emitter – is to help prevent the worst of those impacts.  The new government’s coalition agreement, a non-binding roadmap for legislative action, calls for elimination of coal energy “ideally” by 2030, promises a roll-back of subsidies for fossil fuels and legislation to deal with climate change adaptation planning. These are positive steps but insufficient to reach Germany’s contribution toward the global goal in the Paris Agreement of limiting global warming to 1.5°C above pre-industrial levels.

In addition to the climate crisis, the new coalition between the Social Democrat Party (SPD), the Free Democrats (FDP) and the Greens (Die Grünen) will have to tackle challenges to the rule of law within the EU, stand up for human rights against autocrats in China and Russia, and address the many challenges arising from the pandemic.

The coalition agreement makes promising commitments to advance the rights of lesbian, gay, bisexual, and transgender (LGBT) people, including to change the law on legal gender recognition for transgender people so that it is based on self-determination. The coalition also commits to protecting human rights in supply chains in line with the UN Guiding Principles on Business and Human Rights that include the right to a remedy for victims. It proposes to increase the capacity of German courts to prosecute universal jurisdiction cases such as the trial on state-sponsored torture in Syria.

Within Europe, the new government intends to push for judgements of the European Court of Human Rights to have greater impact and “be implemented in all member states”. It supports the use of mechanisms and sanctions to enforce the rule of law in European Union member states. It also calls for shared responsibility for migrants and refugees among member states, an end to pushbacks at EU borders and for the border agency Frontex to respect human rights.

Scholz’s new government will now need to live up to expectations on human rights and prove that what the coalition dubbed “Germany’s responsibility for Europe and the World” is expressed in actions and not just words.

See also: https://www.justsecurity.org/79618/how-germanys-new-government-might-pursue-its-values-based-foreign-policy-in-europe/

https://www.hrw.org/news/2021/12/08/human-rights-roadmap-germanys-new-government

Harassment of Adilur Rahman Khan and other Human Rights Defenders in Bangladesh

December 21, 2021

On 14 December 2021 a Statement “Bangladesh: Stop Harassment of Human Rights Defenders” was published by Forum Asia, FIDH and other NGOs: “Bangladesh authorities must end the harassment of Adilur Rahman Khan and ASM Nasiruddin Elan, respectively Secretary and Director of the human rights group Odhikar, who have been targeted through the misuse of the criminal justice system”, eleven rights groups said.

On December 15, 2021, the Cyber Tribunal of Dhaka will continue the examination of prosecution witnesses in the case brought against Adilur Rahman Khan, also a member of OMCT General Assembly and FIDH Secretary-General, and ASM Nasiruddin Elan, for charges brought against them in Case No. 1 of 2013 under the notorious Section 57 of the Information and Communication Technology (ICT) Act, 2006 (amended in 2009), in relation to a fact-finding report issued by Odhikar on the killing of at least 61 people by security forces and law-enforcement agencies in May 2013. Khan and Elan face up to ten years in prison. See also; https://www.trueheroesfilms.org/thedigest/laureates/88F17E2F-F919-580F-2FDA-59B8E24ACBF6

“The government should stop using vague laws to silence human rights defenders and start holding perpetrators of abuses to account, ” said Kerry Kennedy, President of Robert F. Kennedy Human Rights. “Odhikar’s findings not only should have led to investigations and reforms, but also should have been welcomed by the government as an opportunity to strengthen their commitment to upholding human rights.”

Following Odhikar’s 2013 report, Khan and Elan were arbitrarily detained for respectively 62 and 25 days until they were both released on bail. On February 14, 2021, the Appellate Division of the Supreme Court of Bangladesh rejected Odhikar’s appeal to quash the case on its legal merits. On September 12, 2021, the Cyber Tribunal of Dhaka resumed the trial in the case against the two while their review petition is still pending hearing before the Appellate Division of the Supreme Court, contravening the right to a fair trial. On October 5, November 9, and November 24, 2021, the Cyber Tribunal of Dhaka started to examine prosecution witnesses in the case.

We express our deepest concern over the ongoing harassment of Adilur Rahman Khan and ASM Nasiruddin Elan, which is manifestly a form of reprisals against Odhikar for their legitimate human rights work, including for cooperating with UN human rights mechanisms in documenting enforced disappearances, extra-judicial executions and torture in Bangladesh.

It is further a matter of great concern that since 2013, attacks, unlawful surveillance, smear campaigns and harassment against Odhikar and its staff and management have been incessant. Odhikar is also facing serious difficulties to conduct its work due to violations of the right to freedom of association, since its registration has not been renewed by the NGO Affairs Bureau of the Government of Bangladesh and is still pending since 2015. Moreover, all of its bank accounts have been frozen and the organization has been forbidden from receiving funding from foreign or international sources, impacting its operations considerably.

The trial against Khan and Elan resumes in a context where human rights in Bangladesh are under attack from all sides. Human rights violations committed by security forces, including enforced disappearances, extrajudicial executions, and torture remain pervasive throughout the country, with absolute impunity. Authorities regularly crackdown on human rights defenders and journalists who speak out against these violations, including through the use of the Digital Security Act – 2018, the Special Powers Act – 1974, and other draconian laws. See also: https://humanrightsdefenders.blog/2014/12/02/adilur-rahman-khan-speaks-out-against-torture/

Cases such as these question the Bangladeshi government’s commitment to protecting human rights. The international community, including the United Nations and the diplomatic corps in Bangladesh, should monitor the case against Adilur Rahman Khan and ASM Nasiruddin Elan and take a clear stand to ensure that the government of Bangladesh respects the rights of the two defenders to a fair and public trial and, more generally, guarantees the right to defend human rights and puts an end to all acts of harassment against all human rights defenders in Bangladesh.

Our organisations call on the authorities of Bangladesh to immediately and unconditionally drop all charges against Adilur Rahman Khan and ASM Nasiruddin Elan, and to ensure in all circumstances that human rights defenders in Bangladesh are able to carry out their legitimate activities without any hindrance and fear of reprisals.

“This trial is in reality an indictment of the authorities and a crucial test case for the country’s judiciary to be closely watched by the international community,” said Gerald Staberock, OMCT Secretary General, speaking on behalf of the Observatory. “The true culprits are those responsible for extra-judicial killings not those who report on it. Prosecuting human rights activists will not stifle dissent but will isolate Bangladesh from the international community.”

The NGOs:

Amnesty International

Anti-Death Penalty Asia Network (ADPAN),

Asian Human Rights Commission (AHRC),

Asian Network for Free Elections

Capital Punishment Justice Project (CPJP)

CIVICUS: World Alliance for Citizen Participation,

Eleos Justice, Monash University, Associate Professor

FIDH, within the framework of the Observatory for the Protection of Human Rights Defenders, i

FORUM-ASIA

Robert F. Kennedy Human Rights

World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders

https://www.fidh.org/en/region/asia/bangladesh/bangladesh-government-must-act-to-address-rule-of-law-crisis

Franco-German Prize for Human Rights 2021

December 17, 2021

Germany and France honoured this year 15 people who have made outstanding contributions to the protection of human rights, campaigning for causes including women’s rights in Afghanistan, the freedom of the press in South Africa and children who are born as a result of rape in wartime.

On 10 December, international Human Rights Day, Foreign Minister Annalena Baerbock and French Foreign Minister Jean‑Yves Le Drian presented fifteen people with the Franco-German Prize for Human Rights. This award recognises the efforts of all those who work tirelessly every day to advance the causes of human rights and the rule of law. It is presented decentralised by the French and German missions in various locations around the world.

Chang Weiping a Chinese human rights lawyer.

Jake Epelle who works to combat the ongoing stigmatisation and discrimination faced by people with albinism in Nigeria.

Noelah Godfrey Msuya who promotes the rights of children and women in Tanzania.

Monika Borgmann who is a German-Lebanese documentary-maker.

Jacques Letang who is a judge and lawyer in Haiti.

Cristina Palabay from the Philippines who leads the national association Karapatan.

Alexandrine Victoire Saizonou who is an advocate for women’s and children’s rights in Benin.

Ajna Jusic from Bosnia discovered at the age of 15 that she was born as a result of rape during wartime, and since then she has advocated for others in the same situation.

Erika Lorena Aifán Dávila is a judge who has been the target of constant attacks from the authorities of Guatemala.

Nebahat Akkoc is the Managing Director of the NGO Kamer in Turkey.

The Venezuelan Education-Action Program on Human Rights or PROVEA.

Narges Mohammadi who is spokesperson and vice chairman of the Iranian organisation Defenders of Human Rights Center.

May Sabai Phyu is a Kachin activist from Myanmar/Burma.

Shaharzad Akbar is an Afghan human rights defender who campaigns in particular for the rights of women in Afghanistan.

Tabelo Timse is an investigative journalist and a member of an independent non‑profit media centre in South Africa.

https://www.auswaertiges-amt.de/en/aussenpolitik/themen/menschenrechte/franco-german-prize/2501086

Morocco’s extradition of Uyghur activist to China would violate international law

December 17, 2021

UN human rights experts called on Morocco’s government Thursday to halt a decision to extradite a Uyghur activist to China, where they said he risks facing severe human rights violations.

The experts said human rights defender Yidiresi Aishan, a Chinese Muslim and member of China’s Uyghur minority, faces risks such as arbitrary detention, enforced disappearance, torture, and other cruel, inhuman or degrading treatment or punishment.

“This extradition process is happening without any form of individual examination and assessment of risks, which blatantly violates the absolute prohibition of refoulement under international human rights and refugee law,” they said in a statement.

Chinese authorities accused Aishan of joining a terrorist group, the East Turkestan Islamic Movement (ETIM), and carrying out or actively participating in activities within terrorist organizations under Article 120 of the Chinese Criminal Code.

The experts include Nils Melzer, the special rapporteur on torture and other inhuman treatment, Fionnuala Ni Aolain, the special rapporteur on protecting human rights while countering terrorism, and Mary Lawler, the special rapporteur on human rights defenders.

Aishan was arrested in Casablanca, based on a Red Notice issued by the International Criminal Police Organization (Interpol) on March 13, 2017. The warrant was suspended in August 2021. On Interpol see also: https://humanrightsdefenders.blog/2021/11/16/interpol-uae-major-general-and-chinese-public-security-official-are-not-good-candidates-for-interpol/

As an asylum seeker in Morocco, Aishan should be protected from any form of extradition or forced return to China until his refugee status is decided, they said. The experts emphasized that the existence of a bilateral agreement on extradition, or diplomatic assurances, do not release states from their obligations under international human rights and refugee law, in particular the principle of non-refoulment.

On 19 June 2022: https://www.hrw.org/news/2022/07/19/morocco-uyghur-activist-risk-extradition

https://www.rfa.org/english/news/uyghur/idris-hasan-12162021175312.html

EU launches a €1.5 billion 6-year plan to promote human rights and its defenders

December 17, 2021

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On the eve of Human Rights Day (10 December 2021) and coinciding with the Summit for Democracy, the European Union launched the Global Europe Human Rights and Democracy programme. This programme, worth €1.5 billion, steps up EU support in promoting and protecting human rights and fundamental freedoms, democracy, and the rule of law and the work of civil society organisations and human rights defenders around the world during the period 2021–2027. The programme will promote and protect the universality of human rights, strengthen the rule of law and accountability for human rights violations and abuses, and defend the full and effective exercise of fundamental freedoms, including the freedom of expression, supporting independent journalism and media, while seizing opportunities and countering risks associated with digital and new technologies.

High Representative/Vice President Josep Borrell said: “Courageous people from all backgrounds are fighting on a daily basis for their civil liberties, for independent media and to safeguard democratic institutions, often at great personal risk. The European Union stands with them. The Global Europe Human Rights and Democracy programme will allow us to strengthen our support to and protection of universal human rights and democratic principles worldwide: for everyone, at any time and everywhere. Together with civil society organisations, human rights defenders, the UN Human Rights Office and the International Criminal Court, we will leave no one behind.”

International Partnerships Commissioner Jutta Urpilainen, said: “Human rights and democracy are a cornerstone of sustainable and inclusive development, and essential to addressing global challenges and ensure citizens reach their full potential and realise their aspirations. In whichever way you measure it – in stability, equality, economic growth, health or longevity – democracies always outperform other forms of government in the long run. I am proud to think of the countless human rights defenders, young people, women, girls and civil society organisations that the €1.5 billion Global Europe Human Rights and Democracy programme will empower to build a better tomorrow for all of us.”

It has five overarching priorities:

  • Protecting and empowering individuals – €704 million

Uphold all human rights, including by working towards the universal abolition of the death penalty, the eradication of torture and cruel and inhumane treatment, the fulfilment of basic needs, decent working conditions, the eradication of child labour, and a safe, clean, healthy and sustainable environment. The programme will promote equality, inclusion and respect for diversity, support human rights defenders and counter shrinking space for civil society, and strengthen the rule of law, ensure a fair and effective administration of justice, and close the accountability gap.

  • Building resilient, inclusive and democratic societies – €463 million

The programme will support functioning pluralist, participatory and representative democracies, and protect the integrity of electoral processes. It will, for instance, engage civil society observers in election observation and support pro-democracy organisations, networks and alliances.

  • Promoting a global system for human rights and democracy – €144 million

Enhance strategic partnerships with key actors, such as the Office of the UN High Commissioner for Human Rights (OHCHR), the International Criminal Court (ICC), regional human rights systems, national human rights institutions, the private sector, and the Global Campus of Human Rights.

  • Safeguarding fundamental freedoms, including harnessing the opportunities and addressing the challenges of digital and new technologies – €195 million

Create and maintain an environment conducive to the full exercise of all fundamental freedoms both offline and online. For example, it will help strengthen the capacity of independent, pluralistic and quality media, including investigative journalists, bloggers and fact-checkers, to provide the public with reliable information through responsible and professional reporting. It will support civil society in fostering online media literacy and digital skills and in promoting an open, global, free and secure internet equally accessible to all.

  • Delivering by working together – €6.6 million

The earmarked funds can support the civil society in engaging with national authorities within the framework of the human rights dialogues that the EU conducts with partner countries, or finance training, studies, or exchanges of best practice. It underpins all of the activities.

In the first year of implementation, the EU will focus on promoting a global system for human rights and democracy. For example, in 2022–2024, the EU will support the Office of the United Nations High Commissioner for Human Rights with €16 million, the Global Campus of Human Rights with €10 million, and the International Criminal Court with €3 million. The EU will also support in 2022 the launch of a Team Europe Democracy initiative to reinforce the impact of EU and Member States’ global support to democracy. The 2021 action plan complements a number of urgent individual measures under the programme adopted earlier.

Background

The Global Europe Human Rights and Democracy programme is flexible as regards procedures, and supports civil society actions independently of the consent of partner countries’ governments and other public authorities. A substantial part of the programme will be implemented at country level. Subsequent calls for proposals covering the different activities, open to civil society organisations across the world, will be published in the coming months. See also: https://humanrightsdefenders.blog/2018/02/27/10611/

Funded under the thematic pillar of the new Neighbourhood, Development and International Cooperation Instrument (NDICI) – Global Europe, the Global Europe Human Rights and Democracy programme is the successor of the European Instrument for Democracy and Human Rights (EIDHR), which was established in 2006 to support civil society-led actions in the area of human rights and democracy in countries outside the EU. Under the previous financial period 2014–2020, the European Instrument for Democracy and Human Rights was allocated €1.33 billion.

It is not just NSO – Loujain Al-Hathloul sues Spyware Maker DarkMatter

December 17, 2021
Laptop with broken screen

As announced on 9 December 2021, the Electronic Frontier Foundation (EFF) has filed a lawsuit to on behalf of Saudi human rights defender Loujain Al Hathloul against spying software maker DarkMatter and three of its former executives for illegally hacking her iPhone to secretly track her communications and whereabouts.

AlHathloul is among the victims of an illegal spying program created and run by former U.S. intelligence operatives, including the three defendants named in the lawsuit, who worked for a U.S. company hired by United Arab Emirates (UAE) in the wake of the Arab Spring protests to identify and monitor activists, journalists, rival foreign leaders, and perceived political enemies.

Reuters broke the news about the hacking program called Project Raven in 2019, reporting that when UAE transferred the surveillance work to Emirati firm DarkMatter, the U.S. operatives, who learned spycraft working for the National Security Agency and other U.S. intelligence agencies, went along and ran DarkMatter’s hacking program, which targeted human rights activists like AlHathloul, political dissenters, and even Americans residing in the U.S.

DarkMatter executives Marc Baier, Ryan Adams, and Daniel Gericke, working for their client UAE—which was acting on behalf of the Kingdom of Saudi Arabia (KSA)—oversaw the hacking project, which exploited a vulnerability in the iMessage app to locate and monitor targets. Baier, Adams, Gericke, all former members of U.S. intelligence or military agencies, designed and operated the UAE cybersurveillance program, also known as Project DREAD (Development Research Exploitation and Analysis Department), using malicious code purchased from a U.S. company.

Baier, who resides in UAE, Adams, a resident of Oregon, and Gericke, who lives in Singapore, admitted in September to violating the Computer Fraud and Abuse Act (CFAA) and prohibitions on selling sensitive military technology under a non-prosecution agreement with the U.S. Justice Department.

“Companies that peddle their surveillance software and services to oppressive governments must be held accountable for the resulting human rights abuses,” said EFF Civil Liberties Director David Greene. “The harm to Loujain AlHathloul can never be undone. But this lawsuit is a step toward accountability.”

AlHathloul is a leader in the movement to advance the rights of women in Saudi Arabia [see also: https://www.trueheroesfilms.org/thedigest/laureates/1a6d84c0-b494-11ea-b00d-9db077762c6c].


DarkMatter intentionally directed the code to Apple servers in the U.S. to reach and place malicious software on AlHathloul’s iPhone, a violation of the CFAA, EFF says in a complaint filed in federal court in Oregon. The phone was initially hacked in 2017, gaining access to her texts, email messages, and real-time location data. Later, AlHathloul was driving on the highway in Abu Dhabi when she was arrested by UAE security services, and forcibly taken by plane to the KSA, where she was imprisoned twice, including at a secret prison where she was subject to electric shocks, flogging, and threats of rape and death.

“Project Raven went beyond even the behavior that we have seen from NSO Group, which has been caught repeatedly having sold software to authoritarian governments who use their tools to spy on journalists, activists, and dissidents,” said EFF Cybersecurity Director Eva Galperin. “Dark Matter didn’t merely provide the tools; they oversaw the surveillance program themselves.“

While EFF has long pressed for the need to reform the CFAA, this case represents a straightforward application of the CFAA to the sort of egregious violation of users’ security that everyone agrees the law was intended to address.

“This is a clear-cut case of device hacking, where DarkMatter operatives broke into AlHathloul’s iPhone without her knowledge to insert malware, with horrific consequences,” said Mukund Rathi, EFF attorney and Stanton Fellow. “This kind of crime is what the CFAA was meant to punish.” In addition to CFAA violations, the complaint alleges that Baier, Adams, and Gericke aided and abetted in crimes against humanity because the hacking of AlHathloul’s phone was part of the UAE’s widespread and systematic attack against human rights defenders, activists, and other perceived critics of the UAE and KSA.

The law firms of Foley Hoag LLP and Boise Matthews LLP are co-counsel with EFF in this matter.

EFF also welcomed the Ninth Circuit Court of Appeals’ recent ruling that spyware vendor NSO Group, as a private company, did not have foreign sovereign immunity from WhatsApp’s lawsuit alleging hacking of the app’s users. Courts should similarly deny immunity to DarkMatter and other surveillance and hacking companies who directly harm Internet users around the world.

For the complaint:
https://www.eff.org/document/alhathloul-v-darkmatter

For more on state-sponsored malware:
https://www.eff.org/issues/state-sponsored-malware Contact: Karen Gullo

https://www.eff.org/press/releases/saudi-human-rights-activist-represented-eff-sues-spyware-maker-darkmatter-violating

https://www.eff.org/deeplinks/2021/12/eff-court-deny-foreign-sovereign-immunity-darkmatter-hacking-journalist

Human Rights Defenders Targeted By Israel Launch new joint website

December 15, 2021

On 14 December 2021 the 6 Palestinian civil society organizations targeted by the Israeli government alongside partners have today launched a new website www.PalCivilSociety.com as part of their #StandWithThe6 campaign. This follows Israel’s escalation of its systemic efforts to shrink civic space, defund, criminalize human rights defenders (HRDs) and civil society. [see: https://humanrightsdefenders.blog/2021/10/23/assault-by-israel-on-palestinian-human-rights-ngos/]

In spite of international condemnation, Israel continues to maintain its unlawful designation.

The website consolidates the efforts of the six Palestinian CSOs and partners, and provides resources for supporters outlining the full context of Israel’s ongoing harassment campaigns to silence and diminish Palestinian civil society overall. The website will be a central space where supporters can mobilize in solidarity with civil society, starting by sending emails to US Secretary of State, Anthony Blinken, and Josep Borrell, High Representative of the European Union for Foreign Affairs and Security Policy asking them to take decisive action to force Israel to reverse the unlawful designation.

As jointly stated by the six organizations, “this designation is only the latest of a series of attacks against us and certainly won’t be the last. This continued assault on Palestinian human rights defenders is also accompanied by systematic use of cybersurveillance technology to hack our phones and surveil us. It’s clear that Israel’s intention is to silence and harass Palestinian human rights defenders who criticize Israel’s apartheid and settler-colonial regime and call for holding Israeli authorities accountable for their human rights violations, war crimes and crimes against humanity. Through this common digital space we invite all supporters of human rights and freedom around the world, to take action and show solidarity with Palestinian civil society.” [see also: https://humanrightsdefenders.blog/2021/11/10/palestinian-ngos-dubbed-terrorist-were-hacked-with-pegasus-spyware/]

https://www.scoop.co.nz/stories/WO2112/S00167/human-rights-defenders-targeted-by-israel-launch-joint-digital-hub.htm

The Palestine Institute for Public Diplomacy

Apply now for ISHR’s Human Rights Defender Advocacy Programme 2022

December 10, 2021

If you are you a human rights defender keen to use the UN you would do well to apply to the 2022 edition of ISHR’s flagship training the Human Rights Defender Advocacy Programme (HRDAP).

After two successful online editions in 2020 and 2021, ISHR has launched the call for applications for the third online edition which will take place remotely between 4 April and 24 June 2022. [for last year’s see: https://humanrightsdefenders.blog/2019/11/07/applications-now-open-for-ishrs-2020-training-for-human-rights-defenders/]

The course equips human rights defenders with the knowledge and skills to integrate the UN human rights system into their existing work at the national level in a strategic manner, and provides an opportunity for participants to prepare for and engage in lobbying and advocacy activities at the UN with the aim to effect change back home.

Applications for HRDAP22 will remain open until Monday 3 January 2022.

The 12-week course allows defenders to continue their vital work on the ground, while diving into the inner workings of each key UN human rights mechanism, and gaining first-hand experience from advocates and UN staff on how civil society can strategically engage in the international human rights space.  

By participating in HRDAP, defenders:

  1. Gain knowledge and tools, which they can use to ensure their voice is central in international human rights decision-making
  2. Explore and compare the benefits of engagement with the Human Rights Council, the Special Procedures, the OHCHR, the UPR and the Treaty Bodies, and examine how they can use them to bolster their work at the national level
  3. Develop strategies and lobbying techniques to increase the potential of their national and regional advocacy work

During the last training, 19 human rights defenders from 17 countries took part in the programme. At the end of the training, 100% of those surveyed were satisfied with the programme, with 82% indicating they were “very satisfied”. Find out more about what they learnt here.

This programme is directed at experienced human rights defenders in non-governmental organisations, with existing advocacy experience at the national level and some prior knowledge of the international human rights system. ISHR supports, and promotes solidarity with and between, defenders working in the following areas or contexts, which we recognise as intersectional and interdependent:

  1. Equality, dignity and non-discrimination
  2. Environmental justice and sustainability
  3. International accountability for the repression of human rights defenders
  4. Transparency and rule of law

Download the HRDAP22 Programme Description to find out more and apply before Monday 3 January 2022!

What are the next steps?

https://ishr.ch/latest-updates/hrdap-2022-apply-now-for-ishrs-training-for-human-rights-defenders/