AFP, Front Line, Human Rights Watch’ Moscow office report that the office of the Joint Mobile Group (JMG) in Grozny, Chechnya, was torched after they criticised the Kremlin-supported Chechen leader, Ramzan Kadyrov, who had called for collective punishment against families of Islamist insurgents (such as burning their houses). It is only the latest chapter in years of harassment and murder of human rights defenders investigating torture, kidnapping and war crimes in Chechnya. Read the rest of this entry »
Archive for the 'HRW' Category
Russia: Grozny Office of Joint Mobile Group, Russian MEA Laureate 2013, burnt and staff threatened
December 14, 2014Khadija Ismayilova, Azerbaijan, is not deterred
December 11, 2014In mere 17 seconds Khadija Ismayilova, Azerbaijan’s leading investigative journalist and ardent government critic, shows courage and optimism in spite of her arrest. On 5 December 2014 (a few days before Human Rights Day) the Sabail District Court of Baku sent Ismayilova to two-months of pretrial custody, pending investigation on charges of allegedly driving someone to attempt suicide.
NGOs concerned about alarming proliferation of surveillance technologies to repressive countries – the Wassenaar Arrangement
December 2, 2014On 1 December 2014 a group of 7 NGOs (Amnesty International, Digitale Gesellschaft, International Federation for Human Rights, Human Rights Watch, Open Technology Institute (at New America), Privacy International, Reporters sans frontieres) sent an Open Letter to the “Wassenaar Arrangement” (for what this is see link at the end). The key issue is that the alarming proliferation of surveillance technologies available to repressive countries adversely affects political activists, human rights defenders, refugees, dissidents and journalists.
“We, the undersigned organisations, call upon the 41 Governments that compose the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, to take action and address the alarming proliferation of surveillance technologies available to repressive countries involved in committing systematic human rights violations. This trade results in unlawful surveillance, which often leads to further human rights violations including invasions of privacy, arbitrary arrest and detention, torture and other cruel, inhuman or degrading treatment or punishment, the silencing of free expression, preventing political participation, and crushing offline and online dissent.
Surveillance technologies are not simply harmless tools. In the wrong hands they are often used as a tool of repression. Evidence is continuing to reveal the extent of this secretive trade that puts countless individuals at direct risk from human rights abusing governments. More and more stories emerge showing these damaging and often unlawful technologies affecting political activists, human rights defenders, refugees, dissidents and journalists, with some technologies placing entire populations under surveillance. Governments with internationally condemned human rights records such as Bahrain, Ethiopia, Egypt, Turkmenistan, Libya, Syria and Iran have all purchased surveillance technologies from private companies, and have used them to facilitate a variety of human rights violations. Some revelations in France, Germany, the UK, and the US have led to police and judicial investigations following calls from NGOs and members of the Coalition Against Unlawful Surveillance Exports. Remarkably and despite mounting evidence of associated abuses, surveillance technology companies still openly market their products at ‘trade fairs’ across the UK, France, US, Brazil and the UAE among other countries.
Although steps were taken in 2013 to address this largely unregulated global market, governments cannot let the momentum halt. Governments have now included additional technologies associated with intrusion software and IP monitoring to the Lists of Dual Use Goods and Technologies and Munitions, and are aware of the impact surveillance technologies can have on human rights. There is now a pressing need to modernise out of date export controls. In addition, technologies such as undersea fibre-optic cable taps, monitoring centres, and mass voice / speaker recognition technologies urgently need to be examined for their impact on human rights and internal repression, particularly when the end user is a government known for committing human rights violations. Technologies evolve at a rapid pace and governments that abuse human rights take advantage of weak regulation, the product of poor understanding of the technologies and their capabilities.
In the current system, human rights and digital rights groups, as well as external independent experts, are excluded from contributing their expertise and knowledge to the Wassenaar Arrangement forum. The additional expertise and knowledge that civil society can bring to the debate is invaluable to this end. Discussions should not continue in a closed-forum manner and we urge governments to engage with civil society organisations to help ensure that accurate and effective controls are developed which reflect modern technological developments and do not impede legitimate scientific and security research.
Any export policy relating to surveillance technologies should place human rights at its heart. Governments must exercise a strict policy of restraint and should refuse to grant export licenses for surveillance technology destined for end-users in countries where they are likely to be used in an unlawful manner i.e. not compliant with human rights legal standards. Governments should consider the weakness or absence of an appropriate legal framework in the recipient country to ensure the transfer would not pose a substantial risk of the items being used to violate or abuse human rights. Governments should also be transparent in what they export, and to whom and support the development of an international legal framework to address the sale and trade of surveillance technologies.”
An Open Letter to the Members of the Wassenaar Arrangement | Human Rights Watch.
The Wassenaar Arrangement (41 participating States) has been established in order to contribute to regional and international security and stability, by promoting transparency and greater responsibility in transfers of conventional arms and dual-use goods and technologies, thus preventing destabilising accumulations. Participating States seek, through their national policies, to ensure that transfers of these items do not contribute to the development or enhancement of military capabilities which undermine these goals, and are not diverted to support such capabilities.
Tony Blair’s Children’s Award in contrast with his PR work for a dictator
November 27, 2014This blog has always had keen interest in awards and in celebrities abusing their reputation. The current row over Tony Blair receiving an award from Save the Children USA as described by Katie Nguyen of Reuters on 26 November 2014 is exactly at the crossroads of these two interest.
Time for Azerbaijan to quit the Council of Europe !
November 14, 2014This video clip is an excellent introduction to the the question of whether Azerbaijan still belongs in the Council of Europe.
Azerbaijan wrapped up its chairmanship on November 13 of the Committee of Ministers of the Council of Europe. Azerbaijan took over as chair of the Committee of Ministers, the Council of Europe’s executive arm and decision-making body, back in May. Over the course of its six-month term, authorities in Baku bullied and imprisoned scores of journalists and human rights defenders, jailing some of the country’s most prominent such as Leyla and Arif Yunus, on trumped-up charges. Azerbaijani Foreign Minister Elmar Mammadyarov attended a ceremony in Strasbourg on November 13 marking the transfer of the chairmanship from Azerbaijan to Belgium. A document posted on the Council of Europe’s website states that “Azerbaijan deployed considerable efforts in furthering the objectives of the Council of Europe around its three key pillars – human rights, rule of law and democracy.”
This assertion makes a mockery of reality as shown by the statements of a great many actors from international NGOs, OSCE to regional defenders networks:
- Giorgi Gogia, senior researcher at Human Rights Watch: “It can be said without exaggeration that Azerbaijan’s tenure represented an assault on the institution and everything it [the Council of Europe] stands for”.
- Two regional networks, the Human Rights House Network and the South Caucasus Network of Human Rights Defenders, addressed an open letter to President Ilham Aliyev, detailing government rights abuses and calling for immediate changes. “We specifically call upon you [Aliyev] to immediately and unconditionally release all civil society actors currently detained due to their engagement in human rights activities and for raising critiques against Azerbaijan’s authorities”.
- Another rights network called the Civic Solidarity Platform released the No More Business as Usual video at the top of this post, urging policymakers in European Union member states to hold Azerbaijan accountable for its rights violations. “It is a disgrace Azerbaijan used its chairmanship … not to improve its human right record, but, on the contrary, to jail activists and journalists and to get further away from international standards of democracy and rule of law.”
- Dunja Mijatovic, media representative of the normally careful 57-nation Organisation for Security and Cooperation in Europe (OSCE), said in a statement “Practically all independent media representatives and media NGOs have been purposefully persecuted under various, often unfounded and disturbing charges“. [She spoke after Azeri blogger Mehman Huseynov was detained at Baku international airport earlier in the day while trying to depart for Georgia to attend the 11th South Caucasus Media Conference on the invitation of the OSCE. Huseynov was released after several hours of questioning. In 2012 he was hit with a three-year travel ban after being convicted of resisting and insulting police.
- Michael Georg Link, Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), on 31 October cited the case of Azerbaijani human rights defender and journalist Khadija Ismayilova in calling on OSCE participating States to refrain from pressuring or harassing individuals for their legitimate activities in supporting the promotion and protection of human rights. “Ismayilova was detained and questioned at the end of September upon returning from the OSCE Human Dimension Implementation Meeting in Warsaw, where she raised concerns over failures by the Azerbaijani authorities to meet the country’s commitments in the area of human rights and fundamental freedoms,” Link said. “I raised her case yesterday in my first report to the OSCE Permanent Council, stressing that human rights defenders have to be able to work free of harassment and intimidation.” A clear case of reprisal!
- The Sakharov Freedom Award went to 98 Azeri prisoners: https://thoolen.wordpress.com/2014/10/11/sakharov-freedom-award-goes-to-98-azeri-political-prisoners/
- Several other human rights defenders were sentenced to varying prison terms earlier this year on charges included tax evasion, illegal business activity and hooliganism. Defense lawyers called the charges unfounded and politically motivated. https://thoolen.wordpress.com/2014/08/18/azerbaijan-a-hot-summer-in-summary/
Among the many sources used:
http://www.reuters.com/article/2014/11/10/us-azerbaijan-rights-idUSKCN0IU1TG20141110
http://www.eurasianet.org/node/70901
No more business as usual for Azerbaijan – Index on Censorship | Index on Censorship.
Human Rights Watch deconstructs case against UK withdrawal from European Human Rights
October 1, 2014In a Q&A released on 29 September, Human Rights Watch addresses some of the recurring criticisms of the Human Rights Act and the European Convention.
The Q&A responds to the criticism that human rights make it difficult to deport foreigners who have committed serious criminal offences. In fact, the UK already has legal powers to deport foreigners convicted of a serious criminal offence, but human rights law prohibits the deportation of a person in the limited cases where they would face a real risk of death, torture, or ill-treatment in the country of destination or have no prospect of a fair trial. Courts can also block a deportation if there would be a serious adverse impact on the deportee’s family, but in reaching such decisions courts must weigh the potential harm to the individual, the individual’s family (who may be British citizens), and the impact on society if he or she were allowed to remain.
The Q&A also addresses the criticism that the Human Rights Act is undemocratic. If a domestic court finds a UK law to be inconsistent with the Human Rights Act, it cannot strike down that law. It can only note that incompatibility and it is then for parliament to decide whether and how to change the law, in comparison to many other democratic countries where courts can strike down laws. As a last resort, people who invoke those rights unsuccessfully before UK judges can still seek to take their case to the court in Strasbourg, an arrangement approved by British governments for many decades.
The European Convention and the rulings of the European Court of Human Rights are binding on governments across the 47 countries that are part of the Council of Europe. The European Court has played a key role in protecting the rights of 800 million people across the Council of Europe region. Its rulings have been instrumental ending torture in police custody, ensuring victims of abuses by state authorities have access to justice and allowing people to express themselves freely. In many countries the court offers the only meaningful chance for justice for those whose rights are abused.
Reaffirming human rights at home is essential for any UK government that seeks to promote respect for human rights around the world. If the UK is to have any credibility on human rights in its foreign policy, it should strengthen, not weaken, its own human rights protections, Human Rights Watch said.
Attacks in the UK on the European Court of Human Rights undermine those efforts and provide succor to abusive governments in the Council of Europe that would prefer to ignore the European Court. The only European country currently not a member of the Council of Europe is Belarus. The only country to have withdrawn from the ECHR was Greece in 1969, while it was under a military dictatorship.
“The UK’s withdrawal from the European Convention would be welcomed by abusive governments everywhere,” Leghtas said. “But it would gravely weaken an institution that has done so much to safeguard and advance basic freedoms across Europe and it would destroy the credibility of the UK when discussing human rights internationally.”
News from Burundi: Release of human rights defender Pierre Claver Mbonimpa
September 30, 2014Yesterday, 29 September 2014, human rights defender Pierre Claver Mbonimpa was conditionally released from prison on grounds of ill health in Burundi. [He was arrested on 16 Mat this year: https://thoolen.wordpress.com/2014/05/16/alert-mea-laureate-2007-pierre-claver-mbonimpa-arrested-in-burundi/]
Pierre Claver Mbonimpa is the President of the Burundi Association for the Promotion of Human Rights and of Detained Persons (Association Burundaise pour la Promotion des Droits Humains et des Personnes Détenues – APRODH), one of the most active human rights organisations in Burundi. For several years, the human rights defender has documented torture and the poor conditions of detention in prisons, and has campaigned against extra-judicial killings in the country. Pierre Claver Mbonimpa was the MEA Laureate in 2007.
Only two weeks ago the High Court of Bujumbura had still rejected a request by his defense lawyers for his provisional release due to serious illness. However, the court had ordered the establishment of a medical commission to assess the health of the human rights defender (see http://www.frontlinedefenders.org/node/27199> . As conditions of his release, Pierre Claver Mbonimpa is not permitted to travel beyond the borders of Bujumbura city, nor is he permitted to be in the proximity of the airport, train station or ports without judicial authorisation. Moreover, the human rights defender must appear before the judge when required.
On 18 September the European Parliament adopted a resolution which condemned Mbonimpa’s detention and deemed it “representative of the mounting risks facing human rights defenders” in Burundi. The resolution also called on the EU High Representative and the 28 EU Member States to ensure “a clear and principled EU policy vis a vis Burundi that addresses the on-going serious human rights violations” in the country. http://www.hrw.org/news/2014/09/19/dispatches-european-parliament-stands-mbonimpa-burundi
To read more about the case of Pierre Claver Mbonimpa: http://www.frontlinedefenders.org/PierreClaverMbonimpa

