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Suspicious Death of Investigative Journalist John Williams Ntwali in Rwanda

January 24, 2023
John Williams Ntwali.
John Williams Ntwali. © Private

Human Rights Watch and others demand that the Rwandan authorities allow an effective, independent, and transparent investigation into the suspicious death of John Williams Ntwali, a leading investigative journalist and editor of the newspaper The Chronicles. Ntwali was regularly threatened due to his work as a journalist exposing human rights abuses in Rwanda and had expressed concern about his safety to Human Rights Watch and others.

“John Williams Ntwali was a lifeline for many victims of human rights violations and often the only journalist who dared report on issues of political persecution and repression,” said Lewis Mudge, Central Africa director at Human Rights Watch. “There are many reasons to question the theory of a road accident, and a prompt, effective investigation, drawing on international expertise, is essential to determine whether he was murdered.”

News of Ntwali’s death emerged in the evening of January 19, 2023. Police asked Ntwali’s brother to identify his body at Kacyiru Hospital morgue, telling him that Ntwali had died in a road accident the night of January 17 to 18. The police told the New Times website that Ntwali died in a motorbike accident in Kimihurura, Kigali, on January 18 at 2:50 a.m., but to date, have not provided details of the accident such as a police report, its exact location, or information on the others involved. Human Rights Watch is not aware of any reports about an alleged accident coming to light until the evening of January 19.

Ntwali was regularly threatened and attacked in the pro-government media for his investigative reporting. He played a leading role in covering and bringing attention to the plight of Kangondo neighborhood residents, who are in a long-standing dispute with authorities over land evictions. Recently, he also published videos on his YouTube channel about people who had suspiciously “disappeared.” His last video, posted on January 17, was about the reported disappearance of a genocide survivor who had spoken out about being beaten by police officers in 2018.

Ntwali was also one of only a few journalists independently covering high profile, politicized trials of journalists, commentators and opposition members, and posting videos about their conditions in prison. In June 2022, he told Human Rights Watch about the torture wounds he had seen on some of these critics and opponents. He also told Human Rights Watch:

I don’t know what’s going to happen to me after CHOGM [the Commonwealth Heads of Government Meeting which took place in Kigali in June 2022]. I’m told that after CHOGM, they won’t play around with us anymore. I’ve been told five or six times. I receive phone calls from private numbers. Some [intelligence] people have come to my house twice to tell me. NISS [National Intelligence and Security Services] has told me: ‘If you don’t change your tone, after CHOGM, you’ll see what happens to you.’

On July 12, he told a friend he had survived a number of “staged accidents” in Kigali. “He was telling me about ordeals and threats he faces for his journalism,” his friend told Human Rights Watch.

Given these circumstances, Rwanda has a legal obligation to ensure a prompt, effective investigation that is capable of determining the circumstances of Ntwali’s death and identifying those responsible, with a view to bringing them to justice. An effective investigation must be independent, impartial, thorough, and transparent, conducted in full compliance with the Revised United Nations Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions (The Minnesota Protocol on the Investigation of Potentially Unlawful Death).

Because Rwandan authorities have consistently failed to ensure credible investigations into and accountability for suspicious deaths of political opponents or high-profile critics, such as Kizito Mihigo in February 2020, foreign experts such as the United Nations special rapporteur on extrajudicial, summary or arbitrary executions should be involved in the investigation, Human Rights Watch said. All Rwandan authorities should fully support and cooperate with the investigation, and the Commonwealth, which Rwanda currently chairs, should publicly call for such an investigation. See also: https://humanrightsdefenders.blog/2021/02/16/call-for-independent-investigation-into-rwandan-singer-kizito-mihigos-death/

Rwandan authorities have long targeted Ntwali. He was arrested in January 2016, in the lead up to the 2017 elections, and accused of raping a minor. Judicial officials later changed the charge to indecent assault and eventually dropped the case for lack of evidence.

At the time, Ntwali had been investigating several sensitive issues, including the death of Assinapol Rwigara, a businessman and father of would-be independent presidential candidate Diana Rwigara, whose candidacy to the 2017 elections was later rejected. The police said that Assinapol Rwigara died in a car accident in February 2015, but his family contested the authorities’ version of events.

Ntwali had also been arbitrarily arrested several other times and his website was blocked by a government regulator, apparently in retaliation for his reporting that was critical of the government.

“It is an embarrassment for the Commonwealth and a problematic message about its values that the country that presides over it is a place where the suspicious deaths of journalists and activists can be swept under the carpet,” Mudge said. “Rwandan authorities should not only not harm journalists but should be actively protecting them, and Rwanda’s partners should be holding the government to account in full for its obligations under international human rights law.”

https://www.hrw.org/news/2023/01/20/rwanda-suspicious-death-investigative-journalist

https://www.reuters.com/world/africa/john-williams-ntwali-rare-rwandan-journalist-critical-govt-dies-2023-01-20/

Posted in HRW, human rights, Human Rights Defenders | 1 Comment »
Tags: critical journalists, freedom of expression, Human Rights Defenders, Human Rights Watch, John Williams Ntwali, journalists, killings, Kizito Mihigo, Rwanda

Human rights lawyer Thulani Maseko shot dead in eSwatini

January 23, 2023

On 22 January 2023 Freedom Under Law (FUL) said that the news that eSwatini human rights lawyer Thulani Maseko has been gunned down in cold blood comes as no surprise. The eSwatini government said Maseko was brutally shot and killed by unknown criminals at his home in Mbabane on Saturday night. See: https://www.trueheroesfilms.org/thedigest/laureates/03464020-c1e6-11ea-a3f7-933e766692a6

“A ceaseless and fearless human rights lawyer, an outspoken critic of the regime in his beloved eSwatini, Thulani had all too long suffered at the hands of a heedless regime. But he lived by the motto: ‘My head is bloody, but unbowed … I am the master of my fate: I am the captain of my soul’.

“Sadly, and to the shame of those engaged in the administration of justice in his country, all too often he was a lone beacon of light,” FUL chair judge Johann Kriegler said. He said no-one could be misled by the cynical message of condolence put out on behalf of the eSwatini government.

“His passing has not only left his family bereft of a loved one; his country has been left the poorer, its human rights conscience brutally stifled.”

FUL said in paying tribute to Maseko that it respectfully suggested it would be fitting if the Law Society of eSwatini were to mark his passing by observing January 21 every year as a day of mourning his death and rededication to the rule of law. “To his widow and family we express our grateful condolences. They have paid a bitter price on behalf of all who try to serve the principles for which their dear one lived.”

According to the eSwatini government, Maseko was shot by “unknown criminals”. “[His] demise is a loss to the nation, and his footprints as a human rights lawyer are there as proof of his contributions to the country. He will be surely missed,” it said in a statement.  Spokesperson Alpheous Nxumalo said the country’s security forces had assured the government that they were already at work looking for the killers and would not rest until they have been brought to book. “Government also wants to warn against speculations and insinuations, peddled particularly on social media platforms in instances like these. Again, government distinctively disassociates… and the country’s authorities from these heinous acts.”

Maseko chaired the Multi-Stakeholders Forum, a collaboration of political parties and civil society groups working to amplify calls for democratic reforms. 

In 2018, Maseko took Swaziland’s King Mswati III to court for changing the country’s name. He had argued that the resources to be channelled to the name change should rather go towards improving living standards of the poor, according to reports by City Press. In 2014, Maseko was sentenced to two years in prison, with the editor of news magazine The Nation, Bheki Makhubu, for contempt of court over articles critical of the government and judiciary. The Nation published articles co-authored by the two men which were critical of the chief justice and suggested that he may have abused his powers. See also: https://lawyersforlawyers.org/en/lawyers/thulani-maseko/

A very impressive group of NGOs and individuals co-signed a statement condemning his killing: https://www.fidh.org/en/issues/human-rights-defenders/eswatini-condemnation-of-assassination-of-renowed-hrd-thulani-maseko

https://www.businesslive.co.za/bd/national/2023-01-22-human-rights-lawyer-thulani-masekos-murder-is-no-surprise-says-freedom-under-law/

https://www.hrw.org/news/2023/01/25/eswatini-activist-rights-lawyer-brutally-killed

https://www.news24.com/news24/southafrica/news/human-rights-lawyer-thulani-maseko-shot-dead-outside-home-in-eswatini-20230122

https://www.frontlinedefenders.org/en/case/case-history-thulani-maseko

Thulani Maseko

Posted in AI, FIDH, Front Line, HRW, human rights, Human Rights Defenders | Leave a Comment »
Tags: digest of human rights awards and laureates, eSwatini, Freedom Under Law (FUL), Human rights defender, human rights lawyer, killing, Swaziland, Thulani Maseko

Now it is the turn of the Moscow Helsinki Group to be liquidated

January 3, 2023

Tanya Lokshina, Associate Director, Europe and Central Asia Division, reported on 21 December 2022 on how the Moscow Helsinki Group MHG), Russia’s oldest Human Rights Group, faces ‘Liquidation’

Moscow Helsinki Group’s logo
Moscow Helsinki Group’s logo.  © 2022 Moscow Helsinki Group

Last week, Russia’s Justice Ministry filed a petition with the Moscow City Court seeking “liquidation” of the Moscow Helsinki Group (MHG), a leading Russian human rights organization.

On 12 May Tanya Lokshina received one of MHG’s annual awards for contributions to human rights and the Russian human rights movement. She writes: “By then, in the aftermath of Russia’s full-scale invasion of Ukraine, the authorities had shut down Human Rights Watch’s Moscow office, along with the offices of 14 other foreign nongovernmental organizations. I had already left the country with the rest of our team, and my 9-year-old son received the beautifully framed award on my behalf. I first saw it several weeks later, when he joined me in Tbilisi, Georgia, where I had relocated to continue my work. I generally don’t display awards and diplomas, but receiving one from MHG was so special that it now hangs on my wall.”

MHG was founded in 1976 by Soviet dissidents to expose governmental repression. It lasted nine months before the government jailed or forced practically all its members into exile. After the USSR’s collapse, the group revived in the 1990’s under the leadership of Lyudmilla Alexeeva, a legendary human rights defender, and has been working tirelessly to expose abuses, build up a country-wide human rights movement in Russia, and advocate for the rule of law. [see also: https://humanrightsdefenders.blog/2018/12/10/russian-human-rights-defender-ludmila-mikhailovna-alexeeva-is-no-longer/]

The liquidation lawsuit is based on the Justice Ministry’s ad hoc inspection of MHG. The liquidation petition cites several supposed violations of Russia’s stifling legislation on nongovernmental organizations, including the group being registered in Moscow but operating elsewhere in Russia, and the group’s charter lacking information on the location of its executive body. These are obviously bureaucratic pretexts that could not justify such a drastic move.

This year, Moscow courts liquidated four other major human rights groups in addition to Memorial, so it’s hard to find optimism for a fair trial for MHG. But it’s not hard to be optimistic about Russia’s human rights movement. It outlasted the Soviet Union; it will outlast today’s oppressors. See: https://humanrightsdefenders.blog/2022/12/12/foreign-agent-law-in-russia-from-bad-to-worse/.

And it goes on, the Andrei Sakharov Foundation, see: 24 January 2023 HRW post: https://www.hrw.org/news/2023/01/24/russia-designates-another-rights-organization-undesirable

https://www.hrw.org/news/2022/12/21/russias-oldest-human-rights-group-faces-liquidation

Posted in HRW, human rights | Leave a Comment »
Tags: Andrei Sakharov Foundation, closing, freedom of association, HRW, Human Rights Defenders, Lyudmilla Alexeeva, Moscow Helsinki Group, NGOs, Russia, Tanya Lokshina

Belarusian Human Rights defender Aleh Hulak dies

December 18, 2022
Aleh Hulak
Aleh Hulak © 2022 Belarusian Helsinki Committee

On 16 December, 2022 Human Rights Watch published “In Memory of Aleh Hulak“, chair of the Belarusian Helsinki Committee (BHC) and a long-time leader of the Belarus human rights movement. Hulak, 55, led the Helsinki Committee with courage and unwavering commitment, including through the country’s recent, vicious crackdown on rights and the entrenchment of President Aliaksandr Lukashenka’s autocracy.

The BHC, one of the country’s oldest human rights groups, has a broad mandate to advance civil and political, and social and economic rights. Hulak was a strong voice for free speech and the release of political prisoners and also for fair work conditions, and upholding human rights in business, trade union operations and health care.  

The Belarusian government liquidated the BHC in 2021, along with hundreds of other independent groups. Hulak for years had pursued, against all odds, the group’s accreditation at the United Nations Economic and Social Council. In a bittersweet victory, his efforts succeeded less than two months ago.

https://www.hrw.org/news/2022/12/16/belarus-memory-aleh-hulak

Posted in HRW | Leave a Comment »
Tags: Aleh Hulak, Belarus, Belarusian Helsinki Committee, BHC, death, Human rights defender, Human Rights Watch, in memoriam, obituary

Foreign Agent law in Russia from bad to worse

December 12, 2022

A new law entered into force in Russia that drastically expands the country’s oppressive and vast “foreign agents” legislation, Human Rights Watch said on 1 December 2022. The law is yet another attack on free expression and legitimate civic activism in Russia, and should be repealed:

Adopted in July 2022, the law’s entry into force was delayed until December 1. The law expands the definition of foreign agent to a point at which almost any person or entity, regardless of nationality or location, who engages in civic activism or even expresses opinions about Russian policies or officials’ conduct could be designated a foreign agent, so long as the authorities claim they are under “foreign influence.” It also excludes “foreign agents” from key aspects of civic life. 

“For more than a decade, Russian authorities have used ‘foreign agents’ laws to smear and punish independent voices,” said Rachel Denber, deputy Europe and Central Asia director at Human Rights Watch. “This new tool in the government’s already crowded toolbox makes it even easier to threaten critics, impose harsh restrictions on their legitimate activities and even ban them. It makes thoughtful public discussion about Russia’s past, present, and future simply impossible.” See also: https://humanrightsdefenders.blog/2022/05/21/kasparov-and-khodorkovsky-are-now-also-foreign-agents/

In Russia, the term “foreign agent” is tantamount “spy” or “traitor.” The foreign agent designation remains extra-judicial, with no possibility to contest it in court before the designation is made. Those designated must comply with all requirements the day after the authorities add them to the registry, even if they challenge the designation in court.

When the first foreign agent law was adopted in 2012, only registered organizations could be designated “foreign agents.” Successive amendments gradually expanded the application from registered organizations, to media, to other categories of individuals, and to associations without legal entities.

The July law, On Control Over Activities of Entities/Persons Under Foreign Influence, replaces these with a consolidated, simplified, but endlessly broad definition to cover any person – Russian, foreign or stateless; any legal entity, domestic or international; or any group without official registration, if they are considered to have received foreign support and/or are considered to be “under foreign influence” and engaged in activities that Russian authorities would deem to be “political.” It also covers anyone who gathers information about Russia’s military activities or military capabilities, or creates or publicly disseminates information or funds such activities.

The law defines “foreign influence” as “support” from foreign sources that includes funding, technical assistance, or other undefined kinds of assistance and/or open-ended “impact” that constitutes coercion, persuasion, and/or “other means.”

Under this definition, any interaction with a foreign element can potentially be construed as “foreign influence,” Human Rights Watch said. There is also no requirement for any causal link between “foreign influence” and the “political” or other activities for the designation to be applicable.

Foreign sources include not only foreign states or foreign entities, but also international organizations, presumably including such multilateral organizations as the United Nations. The law considers Russian nationals or organizations “foreign sources” if they are respectively considered by the Russian authorities to be under “foreign influence” or to be beneficiaries of “foreign funding.”

To avoid the “foreign agent” label, an organization needs to ensure that no source of any donation was at any stage “tainted” by “foreign influence,” including indirectly.

In defining what constitutes “political” activities of a foreign agent, the law consolidates provisions of earlier iterations of “foreign agent” amendments to include “opinions about public authorities’ decisions or policies.” For example, a journalist who publishes a commentary about urban development plans could fall under the definition of foreign agent activity.

The new law also excludes “foreign agents” from key aspects of public life. These include bans on joining the civil service, participating in electoral commissions, acting in an advisory or expert capacity in official or public environmental impact assessments, in independent anti-corruption expertise of draft laws and by-laws, or electoral campaigns or even donating to such campaigns or to political parties.

Foreign agents are also banned from teaching or engaging in other education activities for minors or producing informational materials for them. They cannot participate in organizing public assemblies or support them through donations and are barred from a number of other activities.

The law expands the notion of a person or entity affiliated with a “foreign agent,” which was first introduced in 2021 in relation to electoral candidates. A person remains “affiliated” up to two years after they sever ties with the foreign agent, even if the “affiliation” started before the law entered into force, and even if the “affiliation” started before the entity was designated a foreign agent.

Since the adoption of the first “foreign agents” law, hundreds of civic groups and activists, including those that work on human rights, the environment, election monitoring, and anti-corruption, have been designated “foreign agents.” A large number of organizations had to close down because they either sought to avoid the toxic label or were unable to bear the hefty fines imposed for not complying with the law’s burdensome, arbitrary labelling and reporting requirements. The authorities used the “foreign agents” law as a legal pretext to close down other groups, such as the human rights group Memorial, one of the 2022 Nobel Peace Prize laureates. See also: https://humanrightsdefenders.blog/2021/12/29/russias-supreme-court-orders-closure-emblematic-memorial/

“This new ‘foreign agents’ law is an unrestrained attack on Russian civil society aimed at gagging any public criticism of state policies,” Denber said. “It should be scrapped.”

https://www.hrw.org/news/2022/12/01/russia-new-restrictions-foreign-agents

Posted in HRW, human rights, Human Rights Defenders | 1 Comment »
Tags: Civil society, foreign agent law, foreign funding, HRW, Human Rights Defenders, Memorial, Russia

UN Human Rights Council holds special session on Iran on 24 November

November 23, 2022
Iranian demonstrators in the streets of the capital, Tehran.
Iranian demonstrators in the streets of the capital, Tehran, during a September 21, 2022 protest for Mahsa Amini, days after she died in police custody.  © 2022 AFP via Getty Images

Just before the United Nations Human Rights Council will hold a special session on ongoing human rights violations in Iran on 24 November, Human Rights Watch urge it to establish an independent fact-finding mission to investigate Iran’s deadly crackdown on widespread protests as a first step toward accountability, Human Rights Watch said today.

The demonstrations began on September 16, 2022, following the death of Mahsa (Jina) Amini, a 22-year-old Kurdish-Iranian woman, in the custody of the “morality police.” As of November 22, human rights groups are investigating the deaths of 434 people including 60 children. Human Rights Watch has documented a pattern of Iranian authorities using excessive and unlawful lethal force against protesters in dozens of instances in several cities including Sanandaj, Saghez, Mahabad, Rasht, Amol, Shiraz, Mashhad, and Zahedan.

“Iranian authorities seem determined to unleash brutal force to crush protests and have ignored calls to investigate the mountains of evidence of serious rights violations,” said Tara Sepehri Far, senior Iran researcher at Human Rights Watch. “The UN Human Rights Council should shine a spotlight on the deepening repression and create an independent mechanism to investigate Iranian government abuses and hold those responsible accountable.”

Since mid-November, Iranian authorities have dramatically escalated their crackdown against protests in several Kurdish cities, with at least 39 people killed, according to the Kurdistan Human Rights Network. The group reported that from November 15 to 18, at least 25 Kurdish-Iranian residents were killed in Kurdish cities during three days of protests and strikes to commemorate the victims of the government’s bloody crackdown on protests in November 2019.

The authorities have pressured families of recent victims to bury their loved ones without public gatherings, but several funerals have become the scene of new protests. The group said that at least 14 people were killed in Javanrood, Piranshahr, Sanandaj, Dehgan, and Bookan from November 19 to 21, 2022. Radio Zamaneh said the victims included Ghader Shakri, 16, killed in Piranshahr on November 19, and Bahaedin Veisi, 16, killed in Javanrood on November 20.

A 32-year-old Sanandaj resident told Human Rights Watch that the security forces fatally shot Shaho Bahmani and Aram Rahimi on November 17 and forcibly removed their bodies from the Kowsar Hospital in Sanandaj, and threatened the two men’s families outside the hospital.

Jalal Mahmoudzadeh, a parliament member from Mahabad, told Shargh Daily on November 21 that between October 27 and 29, security forces killed seven protesters in the city Mahabad. Mahmoudzadeh said security forces also damaged people’s houses; one woman was killed in her home outside of the protests. He said that since then, another man had been killed, and three more had been shot and killed during his funeral, bringing the total number killed in Mahabad, since October 27, to 11.

Videos circulated on social media show that authorities have deployed special forces and Islamic Revolutionary Guard Corps units armed with military assault rifles, vehicle-mounted DShK 12.7mm heavy machine guns, and armored vehicles.

On October 24, Masoud Setayeshi, the judiciary spokesperson, told media that authorities have started prosecuting thousands of protesters. These trials, which are often publicized through state media, fall grossly short of international human rights standards, with courts regularly using coerced confessions and defendants not having access to the lawyer of their choice. As of November 21, trial courts have handed down death sentences to at least six protesters on the charges of corruption on earth and enmity against God. The acts judicial authorities have cited to bring charges against the defendants, including “incineration of a government building” or “using a “cold weapon” to “spread terror among the public.” Amnesty International said that at least 21 people are facing charges in connection to the protests that can carry the death penalty.

Since the protests began in September, the authorities have arrested thousands of people during protests as well as hundreds of students, human rights defenders, journalists, and lawyers outside the protests. Detainees are kept in overcrowded settings and are subjected to torture and other ill-treatment, including sexual harassment, Human Rights Watch said.

Two women who were arrested during the first week of protests in Sanandaj told Human Rights Watch that the authorities brutally beat them, sexually harassed them, and threatened them during their arrests and later while they were detained at a police station. One of these women said she had several severe injuries, including internal bleeding and fractures.

Over the past four years, Iran has experienced several waves of widespread protests. Authorities have responded with excessive and unlawful lethal force and the arbitrary arrests of thousands of protesters. In one of the most brutal crackdowns, in November 2019, security forces used unlawful force against massive protests across the country, killing at least 321 people. Iranian authorities have failed to conduct any credible and transparent investigations into the security forces’ serious abuses over the past years.

Iranian authorities have also used partial or total internet shutdowns during widespread protests to restrict access to information and prohibit dissemination of information, in particular videos of the protests, Human Rights Watch said. They have blocked several social media platforms, including WhatsApp messaging application and Instagram, since September 21, 2022, by an order of Iran’s National Security Council.

“On November 24, UN Human Rights Council members should vote to establish an independent mechanism to document serious human rights violations in Iran and advance on the path to accountability,” Sepehri Far said.

https://www.hrw.org/news/2022/11/23/iran-un-rights-council-should-create-fact-finding-mission

5 Things You Need to Know About Protests Prompted by Mahsa Amini’s Death

https://news.un.org/en/story/2022/09/1128111

https://www.aljazeera.com/news/2022/11/12/iran-pushes-back-against-protests-scrutiny-at-un

https://genevasolutions.news/peace-humanitarian/iran-un-called-to-act-as-crackdown-intensifies?utm_source=newsletter&utm_medium=email

Posted in HRW, Human Rights Council, Human Rights Defenders | 2 Comments »
Tags: demonstrations, fact finding, hijab, Human Rights Watch, Iran, Mahsa Amini, rights of women, Sepehri Far, special session, UN Human Rights Council

Human rights defender Şebnem Korur Fincancı in Turkey now also jailed

October 31, 2022
Şebnem Korur Fincancı
Şebnem Korur Fincancı © 2022 TİHV

On 28 October 2022 HRW reports on the continuing crackdown on human rights defenders in Turkey, where Şebnem Korur Fincancı is the latest human rights defender to be jailed as authorities pursue a bogus investigation against her for “spreading terrorist propaganda.” Korur Fincancı is head of the Turkish Medical Association, former head of the Human Rights Foundation of Turkey, and a retired professor of forensic pathology. Her work was central to the creation of the United Nations’ “Istanbul Protocol,” a landmark manual on how to identify and document signs of torture. She has also worked on the exhumation of mass graves and forensic documentation of war crimes in different countries. See also: https://humanrightsdefenders.blog/2018/11/05/turkish-human-rights-defender-and-forensic-doctor-sebnem-korur-fincanci-honoured/

Korur Fincancı’s arrest and pre-trial detention followed an interview she gave to pro-Kurdish TV on October 19. Responding to allegations that the Turkish military had used chemical weapons against the armed Kurdistan Workers’ Party (PKK) in the Kurdistan Region of Iraq, Korur Fincancı said the video footage she had seen suggested use of toxic gases affecting the nervous system and that there should be a full investigation. Turkish pro-government media and President Recep Tayyip Erdoğan accused Korur Fincancı and the Turkish Medical Association of slandering the Turkish military. Prosecutors and courts rapidly responded by ordering her investigation and detention.

Korur Fincancı’s arrest is the latest in a pattern of politically motivated cases as the Erdoğan government continues its crackdown on critics and opponents. Just this week, police also detained 10 Kurdish journalists on top of 16 incarcerated in June. The Turkish authorities show all the signs of being determined to silence the voices of experts like Korur Fincancı as well as the journalists who report their words.

Authorities also appear focused on a broader plan of reshaping and taking over professional bodies that have been critical of government policies. On October 27, Turkey’s justice minister announced a plan to restructure both the Turkish Medical Association, from which Korur Fincancı will be removed as head, and the Union of Chambers of Turkish Engineers and Architects. Mücella Yapıcı, a prominent member of the latter, was convicted and jailed in April along with rights defender Osman Kavala and six others for her alleged role in the 2013 Gezi Park protests.

In the run-up to the 2023 presidential and parliamentary elections, the Turkish government is likely to continue to misuse criminal charges and detention against individuals it wants to silence and attempt to seize institutions outside its control.

https://www.hrw.org/news/2022/10/28/turkey-jails-another-human-rights-defender

Posted in HRW, Human Rights Defenders | Leave a Comment »
Tags: anti-terrorist laws, crackdown, Human rights defender, Human Rights Watch, illegal detention, prison sentence, Turkey, Şebnem Korur Fincancı

Criticizing Kremlin leads to treason charges

October 8, 2022
Opposition activist Vladimir Kara-Murza in Moscow.
Opposition activist Vladimir Kara-Murza in Moscow. © 2021 AP Photo/Alexander Zemlianichenko

On 7 October 2022 Human Rights Watch criticised sharply the Russian charge of high treason against an opposition politician, Vladimir Kara-Murza. It is “a blatant attempt to quash any criticism of the Kremlin and deter contact with the international community“, Human Rights Watch said. 

This is the third baseless criminal charge against Kara-Murza since he was detained in April 2022. He has already been indicted for spreading “fake news” about the Russian Armed Forces because he publicly criticized Russia’s invasion of Ukraine, and for alleged involvement with an “undesirable” foreign organization. He now risks an additional sentence of up 20 years if convicted on high treason charges. [see also: https://humanrightsdefenders.blog/2022/04/14/human-rights-defender-vladimir-kara-murza-arrested-in-russia/]

“Vladimir Kara-Murza is a longstanding proponent of democratic values and has been a vocal opponent of Vladimir  Putin and Russia’s war on Ukraine,” said Hugh Williamson, Europe and Central Asia director at Human Rights Watch. “It is painfully obvious that the Kremlin sees Kara-Murza as a direct and imminent threat.  These charges against him and his prolonged detention are a travesty of justice. Russian authorities should immediately and unconditionally free Kara-Murza and drop all charges against him.” See also: https://www.trueheroesfilms.org/thedigest/laureates/34e43b60-3236-11ea-b4d5-37ffeeddd006

Vadim Prokhorov, Kara-Murza’s lawyer, said the high treason charges relate to Kara-Murza’s  public criticism of the Russian authorities in international forums.

Kara-Murza has called for sanctions against the Kremlin and has spoken in person before national political bodies throughout Europe and in the United States, and at many international and intergovernmental forums, including at the United Nations. He was a key figure advocating for the US Magnitsky Act that gave rise to the Global Magnitsky sanctions regime for serious human rights violations.

Kara-Murza was also a close friend of the murdered Russian opposition politician Boris Nemtsov. He survived two near-fatal poisonings, in 2015 and 2017, which Bellingcat investigative journalists reported was most likely orchestrated by the Russian Federal Security Service and which the Russian authorities have failed to investigate. 

Since the full-scale invasion of Ukraine started in February, the Russian authorities have expanded their repressive toolbox. In March, Russian authorities criminalized calls for sanctions against Russia, and in July also criminalized “confidential cooperation” with foreign states, international or foreign organizations as well as public calls for action that are “against national interests.”

These new provisions cannot be applied retroactively to the years of advocacy by Kara-Murza, Human Rights Watch said, and so he is being charged with high treason under Russia’s criminal code, which was expanded in November 2012. The definition was expanded to include consultations or any other assistance to a foreign state or international or foreign organizations…

Russia’s rules on prosecution and trial of treason cases also breach human rights safeguards, in particular fair trial guarantees. For example, the criminal case materials in such proceedings are classified so that the defense team may not have access to key pieces of evidence, and the trial takes place behind closed doors, preventing public scrutiny.

Ivan Safronov, a journalist, was recently convicted of high treason and sentenced to 22 years in maximum security prison and given a substantial fine for his journalistic investigations of defense contracts, spotlighting how treason cases are handled.  He was tried behind closed doors, key evidence obtained by fellow journalists was not accepted by the court, and his defense team came under immense pressure. Two of his lawyers had to flee the country, and a third was detained on accusations of spreading false information and remains in detention.

“Sadly, it is unrealistic to expect that fair trial standards will be observed in Kara-Murza’s case,” Williamson said. “By jailing leaders like him, Russian authorities are attempting to instill fear in the Russian people and eradicate any opportunity for civil society to mobilize and oppose the Kremlin and its war.” 

https://www.hrw.org/news/2022/10/07/russia-first-treason-charges-criticizing-kremlin

Posted in HRW, Human Rights Defenders | Leave a Comment »
Tags: criminalisation, Freedom of speech, HRW, judicial harassment, Kremlin, Russia, treason charges, Vladimir Kara-Murza

Uyghur issue at the UN Human Rights Council: will there be even a debate?

October 5, 2022

The controversial issue of the treatment of Uyghurs is continuing to play out at the UN Human Rights Council. A resolution is being considered this week to discuss the report’s findings awhich is being strongly resisted by China who is leaning heavily on smaller states to oppose it. If these efforts are successful, they could deal a severe blow to the legitimacy of the UN Human Rights Council. Groups such as CIVICUS, Human Rights Watch have been following this issue closely and are urging Member States to support a decision to AT LEAST discuss the report in the interests of transparency and accountability. But then the big disappointment: on Thursday 6 October at the Human Rights Council the motion was rejected in a tight vote of 19 states against, 17 in favour and 11 abstentions.

https://genevasolutions.news/global-news/human-rights-council-shuts-down-china-debate-proposal-in-close-vote?utm_source=newsletter&utm_medium=email

On 3 October 2022 CIVICUS is urging UN Human Rights Council member States to do the right thing by voting in support of a resolution to debate the human rights situation in the Xinjiang Uyghur Autonomous Region (XUAR).

The resolution follows the release of a major UN report which affirms that the rights of Xinjiang’s Uyghur Muslim population are being violated through an industrial-level programme of mass incarceration, systemic torture and sexual violence. The report attracted intense criticism from the Chinese government before it was released on 31 August 2022, minutes before the High Commissioner for Human Rights, Michelle Bachelet ended her term. SEE: See: https://humanrightsdefenders.blog/2022/09/01/finally-the-long-awaited-un-report-on-china/.

The report concludes that the actions of the Chinese government in XUAR including arbitrary detention, cultural persecution and forced labour may constitute international crimes, in particular crimes against humanity. Recommendations include the taking of prompt steps to release all individuals arbitrarily imprisoned in XUAR, a full legal review of national security and counter-terrorism policies, and an official investigation into allegations of human rights violations in camps and detention facilities.  

China’s government has rejected the findings and called into question the mandate of the Office of the High Commissioner for Human Rights.  The Office of the High Commissioner has asserted that the report is based on a rigorous review of documentary evidence with its credibility assessed in accordance with standard human rights methodology.

A proposed resolution to hold a debate on the report’s findings at the next session of the UN Human Rights Council is being resisted by China which is also said to be pressuring states that make up the 47-member Human Rights Council not to support the resolution.

“The UN report affirms testimonies of victims belonging to the Uyghur community who have endured extreme forms of oppression. Human rights researchers and civil society groups have for years documented abuses and sounded the alarm to the international community about the situation in Xinjiang,” said Mandeep Tiwana, CIVICUS Chief Programmes Officer. “Yet the Chinese state is going to extraordinary lengths to suppress the findings and cover up its actions.”

In June 2020, 50 UN Special Rapporteurs and human rights experts issued a joint statement, that catalogued concerns over the treatment of ethnic minorities in XUAR and Tibet, alleging excessive force against protesters, as well as in Hong Kong, and reports of retaliation against people voicing their concerns publicly over COVID-19 pandemic policies.  The experts urged the Human Rights Council to convene a special session on China; consider the creation of a Special Procedures mandate; and appoint a UN Special Envoy or a panel of experts to closely monitor, analyse and report annually on the human rights situation in China. 

Sophie Richardson of HRW stated: ‘This week the credibility of the United Nations Human Rights Council is on the line over an extraordinarily modest request: to hold a debate on a recent report from the UN high commissioner for human rights on abuses in the Xinjiang region of China. Member states would not be obliged to take a position on the issues at hand, the government in question, or even seek a particular outcome. But the debate is an opportunity to stand together to ensure the council fulfils its bare minimum mandate.“

https://www.civicus.org/index.php/media-resources/media-releases/6070-global-civil-society-alliance-urges-human-rights-council-members-to-support-debate-on-uyghur-abuses-report

https://www.civicus.org/index.php/media-resources/op-eds/6072-uyghur-violations-a-litmus-test-for-global-governance-and-rules-based-international-order

https://www.hrw.org/news/2022/10/03/un-rights-body-should-debate-xinjiang-report

Posted in HRW, human rights, Human Rights Defenders | 1 Comment »
Tags: 51st session of the UN Humann, China, CIVICUS, HRW, Mandeep Tiwana, report, UN High Commissioner for Human Rights, Uyghurs

Finally the long awaited UN report on China

September 1, 2022

A long-delayed but groundbreaking United Nations report published on August 31, 2022, says the Chinese government has committed abuses that may amount to crimes against humanity targeting Uyghurs and other Turkic communities in the Xinjiang region. The report by the outgoing UN High Commissioner for Human Rights, Michelle Bachelet, contains victim accounts that substantiate mass arbitrary detention, torture, cultural persecution, forced labor, and other serious human rights violations, and recommends that states, businesses, and the international community take action with a view to ending the abuses, and advancing justice and accountability. See also: https://humanrightsdefenders.blog/2022/06/09/disappointment-with-un-high-commissioners-visit-to-xinjiang-boils-over/

“The UN human rights chief for the first time lays bare the Chinese government’s grave abuses and concludes they may amount to crimes against humanity,” said John Fisher, Global Advocacy Deputy Director at Human Rights Watch. “Victims and their families whom the Chinese government has long vilified have at long last seen their persecution recognized, and can now look to the UN and its member states for action to hold those responsible accountable.”

The high commissioner’s report challenges the Chinese government’s blatant disregard for its international human rights obligations, Human Rights Watch said. It calls on businesses to meet their responsibilities to respect human rights, and for follow-up by UN member countries and bodies, which could take the form of an investigation to interview victims and survivors, identify those responsible, gather evidence, and recommend strategies for accountability. Similar recent UN Human Rights Council mechanisms have included commissions of inquiry, fact-finding missions, and independent international monitoring missions. This could also lead to the identification of all those missing and forcibly disappeared so that they can be reunited with their families.

The report should be formally presented to the Human Rights Council as a matter of priority, Human Rights Watch said, so that states can discuss the report’s findings and take the steps needed to implement its recommendations.

In the report, the high commissioner details widespread abuses, including targeting of cultural and religious practices, family separation, arbitrary arrests and detention, rape, torture, and enforced disappearances, across Xinjiang. The report concludes that “[t]he extent of arbitrary and discriminatory detention of members of Uyghur and other predominantly Muslim groups, pursuant to law and policy, in context of restrictions and deprivation more generally of fundamental rights enjoyed individually and collectively, may constitute international crimes, in particular crimes against humanity.”

Detainees interviewed for the report described conditions in so-called “vocational training centres” that would amount to torture or other forms of ill-treatment, including “being beaten with batons, including electric batons while strapped in a so-called “tiger chair”; being subjected to interrogation with water being poured in their faces; prolonged solitary confinement; and being forced to sit motionless on small stools for prolonged periods of time.”

The report noted that Chinese authorities continue to openly criticize victims and their relatives now living abroad for speaking about their experiences in Xinjiang, engaging in acts of intimidation, threats, and reprisals. In the words of one interviewee: “We had to sign a document to remain silent about the camp. Otherwise, we would be kept for longer and there would be punishment for the whole family.”

The report also draws on analyses of Chinese laws, regulations, and policies. The findings are consistent with those of academics, journalists, and human rights organizations, published since 2017 documenting grave international crimes. In the past five years, Human Rights Watch has documented mass arbitrary detention, pervasive surveillance, and crimes against humanity across the region.

The high commissioner has been systematically assessing a growing body of evidence regarding Chinese government human rights violations targeting Uyghurs and other Turkic communities. Treaty body reviews and reports from UN human rights experts also informed the new report, reinforcing concerns about secret detention and unlawful family separations, among other violations.

In June 2020, 50 UN human rights experts urged the Human Rights Council to establish an independent UN mandate to monitor and report on human rights violations in China, partly in response to Chinese government resistance to UN human rights scrutiny. In June 2022, another group of UN experts reiterated the 2020 statement and again urged Chinese authorities to grant them access to investigate “allegations of significant human rights violations and repression of fundamental freedoms in the country.”

In May, Bachelet visited China, despite being unable to travel or engage with interlocutors freely, and had little direct engagement with affected communities. In an end-of-mission statement delivered on May 28, Bachelet underlined that the visit was not an investigation, which she noted would require “detailed, methodical, discreet work of an investigative nature.” The new report lays a solid foundation for further UN and Human Rights Council action towards accountability in China.

“Never has it been so important for the UN system to stand up to Beijing, and to stand with victims,” Fisher said. “Governments should waste no time establishing an independent investigation and taking all measures necessary to advance accountability and provide Uyghurs and others the justice they are entitled.”

Amnesty International’s Secretary General Agnès Callamard said: 

“This 46-page document lays bare the scale and severity of the human rights violations taking place in Xinjiang – which Amnesty International previously concluded amounted to crimes against humanity. There can be little doubt why the Chinese government fought so hard to pressure the UN to conceal it. 

https://www.hrw.org/news/2022/08/31/china-new-un-report-alleges-crimes-against-humanity

China: Long-delayed UN report must spur accountability for crimes against humanity in Xinjiang

Click to access 22-08-31-final-assesment.pdf

Posted in Amnesty international, HRW, Human Rights Council, Human Rights Defenders, OHCHR | 3 Comments »
Tags: Amnesty International, China, crimes against humanity, Human Rights Watch, Michelle Batchelet, UN High Commissioner for Human Rights, UN Report, Uyghurs

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