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Acquittal of de Lima and other human rights defenders in the Philippines

May 25, 2023

On 15 May 2023 Carlos H. Conde, Senior Researcher, Asia Division of HRW writes about the case of de Lima, saying that the acquittal of former Senator Leila de Lima in the second of  three drug cases against her and her likely continued custody in police detention highlight the political nature of the charges against her. See also: https://humanrightsdefenders.blog/2018/07/30/senator-de-lima-in-detention-in-philippines-receives-her-award/

De Lima, who has now been in detention for more than six years, was acquitted for allegedly trading illegal drugs while she was secretary of justice, after being acquitted in the first case against her in 2021. Both cases were evidently fabricated and there is no reason to think that the third case against her is any more credible.

Then-President Rodrigo Duterte directed de Lima’s persecution in response to her attempts to investigate killings that took place in the early stages of Duterte’s “war on drugs” in 2016. But Duterte’s enmity toward her started in the late 2000s when, as chair of the Commission on Human Rights, de Lima began an investigation into killings attributed to a “death squad” operating in Davao City, where Duterte was the mayor. The International Criminal Court (ICC) is investigating those killings as well as numerous “drug war” killings that took place while Duterte was president. In 2019, as part of his efforts to avoid international justice, Duterte withdrew the Philippines from the ICC’s Rome Statute, which obligates states party to the treaty to cooperate with the court.

While de Lima’s latest acquittal brings hope that her unjust detention may be ending sooner rather than later, she never should have been prosecuted or held in pretrial detention without bail. Duterte’s improper influence over the Department of Justice was evident by the recanting of the testimony of three key witnesses in this case, saying they had been coerced.

This is an opportunity for the Department of Justice to regain some of its credibility by dropping the outstanding case against de Lima. But there also needs to be accountability. President Ferdinand Marcos Jr., who last week conceded abuses were committed in the “war on drugs,” should urgently launch an inquiry into how the levers of the justice system were manipulated against de Lima and implement reforms to ensure such politicization of the justice system never happens again.

This is echoed by an Open Letter to the Government of the Philippines on 24 May 2023 by

  • Asian Forum for Human Rights and Development (FORUM-ASIA)
  • Balay Alternative Legal Advocates for Development in Mindanaw (Balaod Mindanaw)
  • Karapatan Alliance Philippines (KARAPATAN)
  • Philippine Collective for Modern Heroism (Dakila)
  • Purple Action for Indigenous Women’s Rights (LILAK)

They welcome the acquittal of Leila de Lima, former Senator and chairperson of the Commission on Human Rights of the Philippines, on one of her two remaining politically motivated charges on 12 May 2023 by a Muntinlupa court….

De Lima’s  arrest is in violation of her constitutional rights as a sitting senator and in contravention of international human rights law. The arrest is purely based on politically-motivated charges, following her senate investigation into the thousands of extrajudicial killings under Duterte’s ‘war on drugs.’….De Lima should never have been detained in the first place.

The arbitrary detention and mistreatment of former Senator de Lima reflect the Duterte administration’s judicial harassment of human rights defenders as well as the Philippines’ shrinking civic space. Nearly a year after President Ferdinand Marcos Jr. took office in June 2022, de Lima’s case remains stagnant. The slow progression of the case demonstrates both the previous and current Philippine administrations’ unwillingness to seek justice and accountability…

FORUM-ASIA alongside its reputable Philippine member organisations urge your Excellencies 1) to immediately and unconditionally drop the remaining politically motivated charges against de Lima; 2) to request the Muntinlupa court to grant her bail petition for release; 3) and to provide compensation and other reparations for the human rights violations she was made  to endure.

Philippine authorities should release and allow de Lima to be reunited with her loved ones after six long years.

We demand the immediate release of de Lima and all other political prisoners who have been persecuted for their work and beliefs in human rights and social justice.

Earlier on Monday, 9 January 2023 the International Network for Economic, Social and Cultural Rights had rejoiced in the acquittal of members of Karapatan, – the Alliance for the Advancement of People’s Rights – and their allies GABRIELA – National Alliance of Women – and the Rural Missionaries of the Philippines (RMP) in the face of the perjury charges brought against them by the Philippine authorities.

The Quezon City Metropolitan Trial Court Branch 139 issued its judgment on the retaliatory and trumped-up perjury case against ten human rights defenders, Karapatan Chairperson, Elisa Tita Lubi; Karapatan Secretary General, Cristina “Tinay” Palabay; Karapatan Deputy Secretary General, Roneo Clamor; Karapatan Treasurer, Gabriela Grista Dalena; Karapatan National Council members, Edita Burgos, Wilfredo Ruazol, and Jose Mari Callueng; GABRIELA Chairperson, Gertrudes Ranjo Libang; GABRIELA Secretary General, Joan May Salvador, and member of the Rural Missionaries of the Philippines, Emma Cupin, acquitting them of all charges.

In a case of judicial harassment, which started in July 2019, the then-National Security Adviser Hermogenes Esperon Jr. submitted a perjury complaint against the three organizations related to the registration of the Rural Missionaries of the Philippines. Although the case was initially dismissed for lack of probable cause and sufficient evidence, in February 2020 the Quezon City Prosecutor, Vimar Barcellano, granted a motion for reconsideration of the perjury case. 

The judicial harassment resulted in global condemnation from civil society, Members of the European Parliament and the UN Special Rapporteur on the situation of human rights defenders calling on the Philippine authorities to put an end to the judicial harassment faced by the ten human rights defenders and the wider human rights movement in the country.

While we celebrate the acquittal, we remain as committed as ever to stand in solidarity with members and the wider human rights community in the Philippines in their struggles to advance human rights and social justice for all.

https://www.hrw.org/news/2023/05/15/latest-de-lima-acquittal-exposes-philippine-justice-systems-politicization

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Human Rights Watch goes to Hollywood

May 4, 2023

Julian Borger in the Guardian of 4 May 2023 tells how an NGO teams up with Hollywood to sharpen human rights focus.

Human Rights Watch (HRW) has decided to take on Hollywood to improve the visibility and awareness of humanitarian issues in popular culture. As part of the move, the advocacy group has signed up with a talent agent firm, Activist Artists Management (AAM), to provide “scripted and unscripted content in film and television”, an HRW statement said…

The group has set up a department of three staff and additional consultants, to deal with Hollywood full-time – advising writers and directors on incorporating realistic treatment of human rights issues into their work.

“We’re excited to work with Hollywood to spread that message and equip committed activists, advocates and artists standing up for justice through the stories they tell,” said Tirana Hassan, HRW’s new executive director.

Amanda Alampi, the organisation’s director of campaigns and public engagement, argued it was a logical step towards deepening the impact of HRW’s investigative work. “We have consistently done human rights investigations and told real-life stories to try to put a human face on it. But increasingly, we think that scripted storytelling is going to be really important in this area,” Alampi said. “So what we’re trying to do is think about – how do we insert a positive human rights message into popular culture? And Hollywood seems like a great place to start.”

She said one way HRW would try to wield influence is to work with producers and writers “to encourage them to think about human rights to choose to tell stories more responsibly” in movie projects already in the pipeline.

“Then a second area is really about whether we can pitch story ideas that would actually tell effective human rights stories,” Alampi added. “We already use our meticulous fact-finding to sway policymakers and put perpetrators in the dock. This is about reaching a broader public with stories that illustrate human rights issues – especially through unexpected storytellers and platforms, like space or superheroes.”..

Alampi argued that allowing Hollywood to script and fictionalise true stories would not impinge on HRW’s reputation for factual accuracy, because the group would not be central to creating the fiction, but would simply pass on ideas that could be a starting point for movies with a human rights message.

“This is not about getting attention for HRW or getting us into a story, it’s about seeding human rights through effective storytelling, so I don’t think that’s a concern,” Alampi said. “Often our work in entertainment advocacy is focused on being a connector between our partners, impacted people and storytellers who could help share those stories with wider audiences.”

Bernie Cahill, an AAM founding partner, said: “Activist is honored to partner with Human Rights Watch to amplify the important stories of its decades-long fight for justice, dignity, compassion and equality for people everywhere.”

https://www.theguardian.com/us-news/2023/may/04/human-rights-watch-hollywood-film-tv

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10 Organisations Demand The Dropping Of Charges Against Journalist Nguyen Lan Thang in Viet Nam

April 13, 2023

On 11 April 2023 10 NGOs demanded the dropping of charges against journalist Nguyen Lan Thang and a fair trial by admitting observation.

Dear President Võ Văn Thưởng,

We are writing to express our concern about the ongoing persecution of Mr Nguyen Lan Thang, a journalist, and we demand that he be released immediately, and all charges dropped against him. Mr Nguyen Lan Thang is a victim of persecution by the Vietnamese government and has been criminally charged due to his work as a journalist. Mr Nguyen Lan Thang is one of many journalists and activists throughout the country who is facing ongoing persecution for reporting of the government of Viet Nam in a critical manner.

On 5 July 2022, Mr. Thang was arrested for “making, storing, distributing, or disseminating information, documents, and items against the State” under article 117 of the 2015 Criminal Code. He has been held in incommunicado detention in Hanoi’s Detention Centre No. 1 for more than seven months, during which time he was prohibited from meeting with his family members and legal counsel. After being arrested in July 2022, he did not meet his lawyer for the first time until 16 February 2023.

According to his lawyers, Mr. Thang will be tried on 12 April 2023 at a closed hearing at Hanoi’s People’s Court. Failing the dropping of charges and release of Mr Nguyen Lan Thang before the trial commences, we demand that his right to a fair trial be upheld, at least in part, by ensuring that media and the public may observe it, as is the obligation of the state of Viet Nam under the International Covenant on Civil and Political Rights (ICCPR).

The right to a public trial is guaranteed under Article 14 of the ICCPR with few exceptions. We understand that Mr Nguyen Lan Thang has been denied this human right. According to Article 14 of the ICCPR:

“the press and the public may be excluded from all or part of a trial for reasons of morals, public order (order public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgment rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.”

Paragraph 28 of General Comment No 32 of the Human Rights Committee clarifies that the importance of public hearings “ensures the transparency of proceedings and thus provides an important safeguard for the interest of the individual and of society at large”. The Committee has made clear in paragraph 29 that the special circumstances that allow exclusion of the press and public from a trial are “exceptional circumstances”, and otherwise a trial must be open to ensure transparency and assist in guaranteeing the human right to a fair trial.

Despite efforts to obtain further information on the charges and the rationale the court has adopted in excluding the press and public from the trial of Mr Nguyen Lan Thang, there is no information that we possess that indicates any exceptional circumstances exist that would allow the closed nature of this trial under international human rights law.

Accordingly, we demand that the right to fair trial is respected and that members of the public, the press, the United Nations, and the diplomatic community be allowed to monitor the proceedings. We call on the government of Viet Nam, including its courts, to uphold their international obligations and ensure the human rights of those within the justice system.

Yours sincerely,

  • Access Now
  • Amnesty International
  • ARTICLE 19
  • Asian Forum for Human Rights and Development (FORUM-ASIA)
    CIVICUS: World Alliance for Citizen Participation
  • Front Line Defenders
  • Human Rights Watch
    People In Need
  • The Project 88
  • Vietnamese Advocates for Change

See also: https://humanrightsdefenders.blog/2023/03/29/vietnam-should-drop-charges-against-human-rights-defender-truong-van-dung/

https://forum-asia.org/?p=38053

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Detainees in the Emirates held in prison even after completing their sentence

April 13, 2023

On 12 April 2023 Human Rights Watch reported that United Arab Emirates are continuing to incarcerate at least 51 Emirati prisoners who completed their sentences between one month and nearly four years ago.

The prisoners are all part of the grossly unfair “UAE94” mass trial of 69 critics of the government, whose convictions violated their rights to free expression, association, and assembly. UAE authorities are using baseless counterterrorism justifications for continuing to hold them past their completed sentences.

“Prisoners in the UAE94 case have already suffered tremendously after years in prison following a grossly unfair trail,” said Joey Shea, United Arab Emirates researcher at Human Rights Watch. “Emirati authorities should free them immediately and finally put an end to this decade-long ordeal. Prominent UAE partners, including the United States and COP28 organizers, should press UAE authorities for their immediate release.”

The prisoners were among 94 people detained beginning in March 2012 in a wave of arbitrary arrests amid an unprecedented crackdown on dissent. The case had a chilling effect on freedom of expression, assembly, and association.

In July 2013, Abu Dhabi’s Federal Supreme Court convicted 69 of the defendants, sentencing 5 to 7 years in prison, 56 to 10 years, and 8 in absentia to 15 years, with 25 acquitted. The verdict could not be appealed, in violation of international law, because it was issued by the UAE’s highest court. As of March 2023, 51 had completed their sentences but remain imprisoned with no clear legal basis, according to Emirati activists and court documents. Some prisoners completed their sentences as early as July 2019.

At least four of the 51 received a Public Prosecution letter saying that they were on Munasaha during what was supposed to be their last three months in detention, activists and family members told Human Rights Watch. After three months, these detainees were taken in front of a judge, who determined they still held “terrorist thoughts” and ruled that they needed further “rehabilitation.”

Under article 48 of the counterterrorism law, the public prosecutor may place someone convicted of a terrorist offense in a counselling or Munasaha program in the prison where they were serving their sentence, under counselling center supervision.

The counterterrorism law sets no time limit for continued incarceration and instead requires the state security public prosecution to report to the court every three months. The court may order a person’s release if it finds that “his or her condition so allows.” It is not clear if the defendant has any right to attend the hearing or see or challenge the evidence used to justify their detention.

The decade of unjust imprisonment has had devastating consequences for the prisoners’ families. A family member said that the young child of one of the prisoners still does not understand why her father was in prison. “She asks me, we love our country and our leaders, why are they are doing this to my father?” the family member said.

Many prisoners are being held in the notorious al-Razeen prison, and many are alleged to be in solitary confinement. A family member said, “All the prisoners are suffering there, they don’t have their rights and it is very hard to visit them.” Another family member said: “Throughout the years, the conditions are getting worse.”

Visits are irregular and difficult to procure, the family members said. Families often drive for hours to the prison in the middle of the desert, only to be denied a visit with no explanation. Family members also said that phone conversations are often cut off mid-call with no explanation. Some prisoners have not been able to speak with their family members by phone for years.

Other family members said there have been months-long periods in which a prisoner, as one family member said, “totally disappeared” with “no calls, no nothing,” leading the family to believe that “maybe he is dead.” Prisoners are also often denied books and pictures.

The International Covenant on Civil and Political Rights (ICCPR) in article 15 prohibits retroactive criminal punishment. The United Nations Human Rights Committee, in its general comment on article 9 of the ICCPR, said, “if, under the most exceptional circumstances, a present, direct and imperative threat is invoked to justify the detention of persons considered to present such a threat, the burden of proof lies on States parties to show that the individual poses such a threat and that it cannot be addressed by alternative measures, and that burden increases with the length of the detention.”

“By arbitrarily extending the unjust sentences of peaceful critics using bogus counterterrorism justifications without due process, the UAE again shows its total disregard for the rule of law,” Shea said.

https://www.hrw.org/news/2023/04/12/uae-detainees-held-beyond-sentences

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Vietnam should drop charges against Human Rights Defender Truong Van Dung

March 29, 2023
Truong Van Dung hold a sign that says, Request the Immediate Release of Nguyen Thuy Hanh. 

On 27 March 2023 7:00 Human Rights Watch said that the Vietnamese authorities should immediately release land rights activist Truong Van Dung and drop all charges against him. Police in Hanoi arrested Truong Van Dung in May 2022 on charges of “conducting propaganda against the state.” A Hanoi court on March 28, 2023 sentenced him to six years in prison.

Vietnamese authorities have convicted at least 163 people since 2018 for exercising their rights to freedom of expression or association under vague or over broad laws that criminalize protesting or criticizing the government. At least 18 others have been charged and are awaiting trial. The authorities have brought many of these cases using the propaganda charge, criminalized under articles 88 and 117 of Vietnam’s penal code.

“Truong Van Dung is the latest in a long line of human rights defenders silenced by the Vietnamese government for protesting against human rights violations and advocating for reforms,” said Phil Robertson, deputy Asia director at Human Rights Watch. “Democratic governments forging closer ties with Vietnam need to speak out publicly and forcefully in his support and call on Vietnam to release all political prisoners and take genuine steps toward reform.”

Truong Van Dung, 65, first became active in land rights advocacy in the 2000s, campaigning against forced confiscation of his own house. In the early 2010s, he joined other activists and began to advocate for basic rights, including freedom of expression, association, and assembly. Between 2011 and 2018, he also participated in numerous anti-China and pro-environment protests. He joined a protest opposing Vietnam’s problematic 2018 law on cybersecurity and publicly boycotted Vietnam’s national “elections,” a process controlled by the Vietnam Communist Party which is neither free nor fair.

He also publicly voiced support for numerous political prisoners and detainees, including Nguyen Thuy Hanh [see also: https://humanrightsdefenders.blog/2021/04/09/viet-nam-profile-of-human-rights-defender-nguyen-thuy-hanh-arrested-and-charged/], Pham Doan Trang, [see also: https://www.liv.ngo/content/files/2022/04/Pham-Doan-Trang_-UN-experts-call-for-release-of-Vietnamese-human-rights-defender-_-Hans-Thoolen-on-Human-Rights-Defenders-and-their-awards.pdf] Can Thi Theu, Nguyen Thi Tam, Trinh Ba Tu, Trinh Ba Phuong, Le Dinh Luong, Hoang Duc Binh, Nguyen Tuong Thuy, Pham Chi Dung, Le Huu Minh Tuan, Do Nam Trung, and members of Hoi Anh em Dan chu (Brotherhood for Democracy).

In December 2013, Truong Van Dung and other activists founded a humanitarian group, Hoi Bau bi Tuong Than (Association of Gourd and Squash Mutual Assistance), to provide financial and spiritual support for political prisoners, land rights petitioners, and their families.

After his arrest in May 2022, Truong Van Dung was held incommunicado for more than nine months. He was allowed to meet with his lawyer for the first time in March. His family has not been allowed to see him. Vietnam’s courts, controlled by the ruling Communist Party of Vietnam, are not independent and hearings and trials do not meet international standards. “How can Truong Van Dung get a fair trial when Vietnam’s legal system isn’t independent and the laws under which he is charged violate basic international human rights standards – and what he has been accused of shouldn’t even be crimes,” Robertson said.

https://www.hrw.org/news/2023/03/27/vietnam-drop-charges-against-human-rights-activist

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Tirana Hassan to lead Human Rights Watch

March 29, 2023
Tirana Hassan

Tirana Hassan, a lawyer and veteran human rights investigator who has documented human rights abuses throughout crises and conflicts globally, has been named the next executive director of Human Rights Watch, the organization announced. Hassan was previously the Human Rights Watch chief programs officer and had been serving as acting executive director since September 2022, following the departure of its long-time leader, Kenneth Roth.

“As new executive director of Human Rights Watch, Tirana Hassan brings impeccable credentials as a human rights practitioner and an ambitious vision for human rights solutions to the challenges the world is facing,” said Zeid Ra’ad Al Hussein, CEO and president of the International Peace Institute and the former United Nations High Commissioner for Human Rights. “A hugely experienced activist, Tirana will be a formidable leader and very much a force to be reckoned with!”

With decades of experience in the human rights and humanitarian fields, Hassan, who began her career as a social worker and spent many years working with women and children in conflict and crisis situations, first joined Human Rights Watch in 2010, covering emergencies across Africa, Asia, and the Middle East. She went on to become Amnesty International’s director of crisis response before returning to Human Rights Watch as its chief programs officer in 2020, leading the organization’s research, advocacy, legal, and communications departments.

“Tirana has the rare combination of wide-ranging investigative experience, strategic creativity, and a deep commitment to human rights principle that Human Rights Watch needs to tackle the complex human rights challenges the world is facing,” said Kenneth Roth, former executive director at Human Rights Watch, who stepped down in August 2022. “I am thrilled that she will lead Human Rights Watch into the future.”

When she headed Amnesty International’s crisis team, Hassan oversaw the development of innovative uses of technology to advance human rights investigations in Myanmar, Syria, and other crisis areas. She brings a proven track record of developing ambitious programs to address critical human rights issues and will lead the Human Rights Watch’s work with activists, survivors, and civil society to head off the rising threats to human rights around the world.

One of Hassan’s priorities will be to call out government selective applications of human rights obligations. The swift and bold response to the crisis in Ukraine including a UN Human Rights Council commission of inquiry and multiple condemnations by the UN General Assembly – has shown what is possible when governments work together, while the International Criminal Court’s arrest warrant for Russian President Vladimir Putin shows that no one is beyond the reach of justice. However, the same governments have often at best responded in a lukewarm fashion or at worst turned a blind eye to the plight of other victims. Hassan will focus on using all possible levers to push governments to realize their legal obligations to victims everywhere, including in Afghanistan, Israel and Palestine, Ethiopia, and Iran.

Hassan was born in Singapore to a Pakistani father whose family left India during partition and a Malaysian-born Sri Lankan and Chinese mother. Her family resettled in Australia in the 1970s after her father’s academic research on Singapore’s housing policies triggered the ire of the government, which was cracking down on dissent. She has said family stories of racism, prejudice, and repression helped shape her world view and contributed to her decision to work on behalf of rights for dispossessed people.

After receiving a bachelor’s degree in social work from the University of South Australia, Hassan worked as a social worker in Los Angeles, London, and Adelaide, counseling homeless young people before obtaining a law degree from the University of Adelaide. During her last year of law school, she co-founded the Woomera Lawyers Group, a refugee advocacy organization that provided legal services to asylum seekers detained in Australia’s notorious desert detention center. She represented refugees and asylum seekers from Afghanistan, Iraq, and Iran who were detained in the remote facility and later went on to work in the humanitarian sector. Hassan also holds a master’s degree in international human rights law from Oxford University.

She served as a specialist focusing on the need to provide protection for children and for survivors of sexual and gender-based violence in conflict areas and the natural disaster response across Asia and Africa, with Médecins Sans Frontières, United Nations International Children’s Emergency Fund, and Save the Children.

“I’m honored and humbled to lead this exceptional organization at a moment when the defense of human rights feels more urgent than ever,” Hassan said. “I look forward to building on Human Rights Watch’s formidable foundation to uplift the human rights defenders we work with and the communities we serve to put pressure on those in power to realize a rights-respecting future for us all.”

For more information on Tirana Hassan, please visit: https://www.hrw.org/about/people/tirana-hassan

https://www.hrw.org/news/2023/03/27/tirana-hassan-lead-human-rights-watch

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HRW asks to drop charges against Human Rights Defenders in Thailand

March 20, 2023
Three Thai human rights defenders—Angkhana Neelapaijit, Puttanee Kangkun, and Thanaporn Saleephol—face criminal defamation charges for reporting abuses.
Three Thai human rights defenders—Angkhana Neelapaijit, Puttanee Kangkun, and Thanaporn Saleephol—face criminal defamation charges for reporting abuses. © 2022 Prachatai

Prosecutors in Thailand should immediately withdraw the criminal defamation cases brought by Thammakaset Company Ltd. against three prominent human rights defenders for their support of other activists facing criminal charges, Human Rights Watch said on 16 March 2023. The Thai government should act to repeal criminal defamation provisions and introduce strong safeguards to prevent the use of frivolous, vexatious, or malicious legal actions that would have chilling effects on free speech.

On March 14, 2023, the Bangkok South Criminal Court began the trial that involves 28 counts of alleged criminal defamation under Thailand’s Criminal Code sections 326 and 328. The charges stem from posts or re-posts on social media by Angkhana Neelapaijit, Puttanee Kangkun, and Thanaporn Saleephol expressing solidarity with other human rights defenders already facing lawsuits brought by Thammakaset for alleging labor rights abuses at the company’s chicken farm in Lopburi Province. The company has filed at least 37 civil and criminal cases against rights defenders, journalists, and workers since 2016.

See also: https://humanrightsdefenders.blog/2022/03/03/fortify-rights-calls-on-thailand-to-drop-charges-against-human-rights-defender-angkhana-neelapaijit/

“The Thai authorities should not help companies use criminal defamation or other legal avenues to silence workers from filing complaints about their working conditions or human rights defenders or journalists for reporting about alleged abuses at the company,” said Elaine Pearson, Asia director at Human Rights Watch. “The charges against Angkhana, Puttanee, and Thanaporn should be immediately dropped, and Thai authorities should act to prevent similar cases from being filed in the future.”

The United Nations Human Rights Committee has stated in its General Comment No. 34 on freedom of expression that governments “should put in place effective measures to protect against attacks aimed at silencing those exercising their right to freedom of expression, including persons who engage in the gathering and analysis of information on the human rights situation who publish human rights-related reports.”

On December 16, 2022, the UN Working Group on Business and Human Rights urged Thai authorities to take action to stop the Strategic Litigation Against Public Participation (SLAPP) lawsuits increasingly used by Thai companies to intimidate reporters and human rights advocates.

The Working Group specifically mentioned Thammakaset, stating that: “The cases filed by companies, such as Thammakaset Company Limited, against human rights defenders are a clear example of businesses abusing the legal system in order to censor, intimidate, and silence criticism through SLAPPs as a method of judicial harassment.” See also: https://humanrightsdefenders.blog/2022/04/28/eu-finally-moves-on-law-to-protect-media-from-legal-abuse-slapps/

Thai Prime Minister Prayut Chan-ocha has repeatedly emphasized the importance of companies respecting human rights in their operations and upholding the UN Guiding Principles on Business and Human Rights. In October 2019, Thailand was the first country in Asia to announce a National Action Plan on Business and Human Rights, committing to protect human rights defenders and prevent judicial harassment. But the charges against Angkhana, Puttanee, and Thanaporn, as well as the failure to assist those still facing many of the other civil and criminal cases filed by Thammakaset, stand in stark contradiction to the Thai government’s pledges to take action to protect rights, Human Rights Watch said.

In 2018, the National Assembly amended the Criminal Procedure Code to prevent the misuse of criminal cases. While that is a useful step, the Thai government should repeal all criminal defamation provisions. Neither prosecutors nor courts in Thailand have actually carried out, much less considered, amended section 161/1, which allows judges to dismiss and forbid the refiling of a criminal complaint by a private individual if the complaint is filed “in bad faith or with misrepresentation of facts to harass or take advantage of a defendant.” Furthermore, section 165/2 allows the presentation of evidence to show that the complaint “lacks merit.”

These reform provisions of the Criminal Procedure Code remain unused and untested, though. It is also crucial to provide prosecutors with adequate resources and support to exercise their powers under section 21 of the 2010 Public Prosecutor Organ and Public Prosecutors Act to screen out frivolous cases.

Human Rights Watch, along with an increasing number of governments and international agencies, has consistently called for the repeal of criminal defamation laws because they are an inherently disproportionate punishment for expressions of speech judged to damage reputations. Civil defamation laws, when supplemented by strong anti-SLAPP safeguards, balance the need for fair reporting in the public interest with concerns about reputational harm to private actors. In addition, as the charges against Angkhana, Puttanee, and Thanaporn show, criminal defamation laws in Thailand are easily abused and can have adverse impacts on free expression in the public interest.

Thailand should enact comprehensive anti-SLAPP legislation to strengthen safeguards to protect freedom of speech and expression and prevent retaliation against workers, human rights defenders, and journalists, Human Rights Watch said.

The UN special rapporteur on rights of freedom of peaceful assembly and association recommended that “States should protect and facilitate the rights to freedom of expression, assembly and association to ensure that these rights are enjoyed by everyone” including by “enacting anti-SLAPPs legislation, allowing an early dismissal (with an award of costs) of such suits and the use of measures to penalize abuse.”See also: https://humanrightsdefenders.blog/tag/strategic-lawsuits-against-public-participation-slapps/

“The UN and governments from around the world should share with Thailand their reform efforts to strengthen anti-SLAPP protections and point out that criminal defamation laws coupled with the absence of strong anti-SLAPP protections impede the ability of businesses to conduct essential human rights and environmental due diligence,” Pearson said. “Unless the Thai government moves now to protect Angkhana, Puttanee, and Thanaporn from retaliation, the promises that Thai officials made on business and human rights will ring hollow.”

https://www.hrw.org/news/2023/03/16/thailand-drop-charges-against-rights-defenders

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Tunisia: The rule of law on the brink

March 16, 2023

On 7 March 2023 EuroMed Rights issued the following statement regarding the situation in Tunisia:

For several weeks now, Kaïs Saïed’s presidentialist regime has been conducting a relentless campaign of arrests, intimidation, denigration and targeted attacks against political opponents, journalists, trade unionists and civil society representatives, under the pretext of an alleged conspiracy to undermine state security, accusations of corruption or contacts with foreign diplomats. International trade union activists who have come to participate in activities of the Tunisian General Labour Union (UGTT), such as Esther Lynch, the General Secretary of the European Trade Union Confederation, have been expelled and any other trade union representatives are now persona non grata in Tunisia.

“These arrests based on the crime of opinion and the widespread repression of freedom of expression in all its forms constitute a serious breach of the rule of law. They raise fears of a return to the practices of the authoritarian regime that preceded the January 2011 revolution. The national dialogue that the UGTT has initiated in partnership with the Tunisian League for Human Rights (LTDH), the National Bar Association and the Tunisian Forum for Economic and Social Rights (FTDES), towards a roadmap to overcome the political, economic and social crisis, must be supported,” said Wadih Al-Asmar, President of EuroMed Rights.

A justice system at the orders

Accused of being “traitors” and “terrorists”, the opponents of the regime put in place, month after month, by President Kaïs Saïed since his power grab of 25 July 2021, are challenging the concentration of powers, in particular the supervision of the Ministry of Justice and the dismissal of many judges and prosecutors. Controlling the judicial power is a weapon that the Tunisian authorities no longer hesitate to use and abuse to silence critics.

“The rule of law in Tunisia is on the brink of collapse,” added Wadih Al-Asmar. “The presumption of innocence is being flouted. Moreover, to declare that anyone who exonerates those prosecuted would be considered an accomplice is a denial of the role and independence of judges and prosecutors. The ban on demonstrations and the desire to isolate Tunisian civil society from its international contacts are other symptoms of the regime’s autocratic drift.”

Attacks on migrants

On 21 February, President Kaïs Saïed continued his diatribe by calling for “urgent measures” against the “hordes” of sub-Saharan migrants, endorsing the conspiratorial theory of the “Great Replacement,” which asserts the existence of a plot to change the demographic composition of the country. As a result, racist and violent attacks, both official and unofficial, against migrants from sub-Saharan Africa continue, leading to arrests and deportations.

“Migrants have been expelled from their homes and fired from their jobs; children have been removed from their schools; women of sub-Saharan origin have been reportedly raped. Fear is growing among migrants who have been living in Tunisia, some for years, causing many families to leave the country to avoid facing violence,” said Rasmus Alenius Boserup, Executive Director of EuroMed Rights. “The European Union and its Member States, in their bilateral relations with Tunisia, must make clear that arbitrary repression and incitement to racial hatred are unacceptable, and should express solidarity with all those arrested, defamed and subjected to violence.”

Tunisia: The rule of law on the brink

And see also: https://www.hrw.org/news/2023/03/17/tunisia-talks-eu-should-privilege-human-rights-over-politics

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Five Rights Defenders in Burundi should be released immediately

March 14, 2023
From the left to the right, Sonia Ndikumasabo, Prosper Runyange, Sylvana Inamahoro, Audace Havyarimana and Marie Emerusabe.
From the left to the right, Sonia Ndikumasabo, Prosper Runyange, Sylvana Inamahoro, Audace Havyarimana and Marie Emerusabe. © 2023 Private

Burundian authorities should immediately and unconditionally release five human rights defenders arbitrarily arrested on February 14, 2023, and drop the baseless charges against them, Amnesty International, the Burundi Human Rights Initiative, and Human Rights Watch said on 14 March 2023.

The five human rights defenders are accused of rebellion and of undermining internal state security and the functioning of public finances. The charges appear to relate only to their relationship with an international organization abroad and the funding they have received from this organization. Two of the defenders work for the Association of Women Lawyers in Burundi (Association des femmes juristes du Burundi, AFJB) and three for the Association for Peace and the Promotion of Human Rights in Burundi (Association pour la paix et la promotion des droits de l’Homme, APDH).

“The arrests of the five human rights defenders and the serious charges brought against them signal a worsening climate for independent civil society in Burundi,” said Clémentine de Montjoye, Africa researcher at Human Rights Watch. “If working in partnership with or receiving funding from international groups is treated as a criminal offense and a threat to state security, what little space was left for civil society to operate in Burundi will be closed.”

On February 16, Martin Niteretse, Minister of Interior, Community Development and Public Security, accused the organizations of working with an international nongovernmental organization. Intelligence agents arrested four of the defenders – Sonia Ndikumasabo, president, and Marie Emerusabe, general coordinator, of AFJB; Audace Havyarimana, legal representative, and Sylvana Inamahoro, executive director, of APDH – on February 14 at Bujumbura’s Melchior Ndadaye Airport as they were preparing to fly to Uganda for a meeting with partners.

Prosper Runyange, the APDH land project coordinator, was arrested in Ngozi on February 14 and transferred to Bujumbura the next day. The five defenders were held at the National Intelligence Service (Service national de renseignement, SNR) headquarters in Bujumbura, then transferred to Mpimba central prison in Bujumbura, on February 17. On March 2, the high court of Ntahangwa in Bujumbura confirmed their pretrial detention.

The two organizations work on gender-based violence and land rights and are officially registered in Burundi. They help some of the most marginalized groups in Burundian society. The judicial authorities’ decision to pursue prosecution of the defenders, apparently solely on the grounds of their organizations’ partnership with and funding from an international organization, has triggered fears of another civil society crackdown in Burundi and undermines the president’s stated reform agenda, the organizations said. In October 2018, the authorities suspended the activities of most foreign organizations in Burundi and forced them to re-register, which included submitting documentation that stated the ethnicity of their Burundian employees.

The government policy, based on a law on foreign nongovernmental organizations, adopted in January 2017, caused some international organizations to close their offices in Burundi because they disagreed with government-imposed ethnic quotas and objected to the requirement to provide information on the ethnicity of their staff. Some said they feared that submitting this information could put their employees at risk of ethnic profiling and targeting.

“The charges of endangering state security and rebellion against these five human rights defenders are absurd,” said Carina Tertsakian from the Burundi Human Rights Initiative. “If the authorities have questions about their sources of funding, these can be solved through normal administrative channels, as provided for by the law.”

During late President Pierre Nkurunziza’s third and final term, from 2015 to 2020, independent civil society and media were often targeted, and their members attacked, forcibly disappeared, detained, and threatened. Scores of human rights defenders and journalists fled the country and many remain in exile. There has been almost total impunity for these crimes.

Since President Évariste Ndayishimiye came to power in June 2020 and despite his promises to restore freedom of expression and association, the government’s hostility toward Burundi’s once thriving civil society and media remains. The arrests of the five rights defenders followed the conviction, on January 2, 2023, of an online journalist, Floriane Irangabiye, to 10 years in prison, on charges of “undermining the integrity of the national territory” in violation of her rights to free speech and to a fair trial.

These latest arrests and Irangabiye’s conviction reverse a brief moment of optimism after the acquittal and release, in December, of Tony Germain Nkina, a lawyer and former human rights defender who spent more than two years unjustly imprisoned on unsubstantiated charges of collaboration with a rebel group. Twelve human rights defenders and journalists in exile were convicted in June 2020 of participating in a May 2015 coup attempt. The verdict, which was only made public in February 2021, came after a deeply flawed trial during which the defendants were absent and did not have legal representation, flouting the most basic due process principles. The 12 were found guilty of “attacks on the authority of the State,” “assassinations,” and “destruction.”

The arrest of Ndikumasabo, Emerusabe, Havyarimana, Inamahoro, and Runyange appears to be designed to punish the human rights defenders and their organizations for collaborating with an international organization, obstruct their organizations’ activities, and intimidate other activists. Such behavior belies Burundian authorities’ claims that they respect human rights and further stains the image of openness and reform that they try to project internationally, the organizations said.

“Actions speak louder than words,” said Flavia Mwangovya, Deputy Regional Director at Amnesty International. “If the Burundian authorities want their human rights promises to be taken seriously, they should allow civil society to do its valuable work – including defending and assisting victims of human rights violations – without harassment.”

https://www.hrw.org/news/2023/03/14/burundi-free-five-rights-defenders

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Bahrain does also “parliament washing”

March 11, 2023

Bahrain Revokes Human Rights Watch Visas; Government Using Global Parliamentary Meeting to Whitewash Repression.

Human Rights Watch Logo

On 10 March 2023 Human Rights Watch reported that staff members – who were to attend the 146th Inter-Parliamentary Union (IPU) Assembly – had their visas revoked. Denial of entry into Bahrain has happened to other HRDs before, see e.g. : https://humanrightsdefenders.blog/2012/01/20/hrfs-brian-dooley-refused-entry-into-bahrain/

“Bahrain’s hosting of sporting and high-level international events is a transparent attempt to launder its decades-long campaign to crush political opposition and suffocate the country’s vibrant civil society,” said Tirana Hassan, Human Rights Watch’s acting executive director. “Its unilateral reversal of Human Rights Watch’s access to the IPU conference is a blatant example of its escalating repression. Governments, organizations with influence, and key officials should speak out loudly against Bahrain’s abuses so they are not complicit in its efforts to whitewash its horrific rights record.”

Bahrain is hosting the meeting of the IPU, a global organization of national parliaments, from March 11-15. The organization’s slogan is “For democracy. For everyone,” and the theme of the 146th Assembly is “Promoting peaceful coexistence and inclusive societies: Fighting intolerance.” These statements are in stark contrast to the extensive record of serious human rights abuses in Bahrain that Human Rights Watch and other rights organizations have documented, Human Rights Watch said. This includes the continued detention of the prominent human rights activist and Danish-Bahraini dual citizen Abdulhadi Al-Khawaja. Al-Khawaja is reportedly suffering serious health problems while being denied adequate medical care. He is this year’s laureate of the MEA [see: https://humanrightsdefenders.blog/tag/abdul-hadi-al-khawaja/]

….. Two of Bahrain’s former parliament members are in prison for exercising their freedom of expression, and the government has forced many more into exile and stripped them of their citizenship.

On March 5, Bahrain hosted Formula One’s (F1) opening season race. Twenty-one groups, including Human Rights Watch, sent a letter to F1’s president to raise “serious concerns over F1’s ongoing role in ‘sportswashing’ amidst a deterioration in Bahrain’s human rights situation.” An F1 driver, Lewis Hamilton, recently said that he is “not sure [the human rights situation] has got better while we have been coming all these years” to countries like Bahrain and Saudi Arabia.

“With local civil society severely restricted by Bahrain’s autocratic government, members of the IPU Assembly should live up to its organizational values and speak out on behalf of Bahrain’s victims of repression,” Hassan said.

https://www.hrw.org/news/2023/03/10/bahrain-revokes-human-rights-watch-visas

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