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Journalist Elena Milashina and lawyer Alexander Nemov severely attacked in Chechnya

July 10, 2023

Rights defenders are sure of Chechen law enforcers’ involvement in attack on Milashina says Roman Kuzhev, СK correspondent

The attack on the journalist Elena Milashina and the advocate Alexander Nemov has to do with Milashina’s publications in which she wrote about human rights violations in Chechnya, human rights defenders have noted.

The “Caucasian Knot” reported that on July 4, Elena Milashina, a journalist of the “Novaya Gazeta” outlet, and Alexander Nemov, an advocate for Zarema Musaeva, were attacked in Chechnya. They were beaten up by masked gunmen when they were on the way from the airport to Grozny, where the verdict in the case of Zarema Musaeva was to be announced. The head of Chechnya, Ramzan Kadyrov, has promised to “sort things out”; and Akhmed Dudaev, the head of the Chechen Press Ministry, have pointed out that “the style of Western intelligence services” is seen in the attack.

Svetlana Gannushkina, the head of the “Civic Assistance” Committee, is sure that the attack had to do with Milashina’s human rights activities. “They were waiting for her there to beat her for her so much writing on human rights issues, conducts inquiries and shows the real Chechnya,” Ms Gannushkina has stated.

According to her version, the attackers are definitely law enforcers. Gannushkina* has also added that the attackers would not be identified and punished. Oyub Titiev, a human rights defender, is also sure that Milashina was the attackers’ target. “Only law enforcers can beat a woman so openly and with such cruelty,” he has stated.

Ruslan Kutaev, the president of the Assembly of Caucasian Nations, is sure that Milashina would have been attacked at any moment while in Grozny.

A criminal case on the attack on Milashina and Nemov can be initiated under several articles, said Galina Tarasova, a lawyer. According to her story, the case should have been transferred to the central office of the Investigating Committee of the Russian Federation (ICRF).

This article was originally published on the Russian page of 24/7 Internet agency ‘Caucasian Knot’ on July 5, 2023 at 08:07 pm MSK. https://eng.kavkaz-uzel.eu/articles/62817

Many other human rights groups reported on this:

https://www.frontlinedefenders.org/en/case/human-rights-defenders-aleksandr-nemov-and-elena-milashina-attacked-and-severely-beaten-0

https://www.democracynow.org/2023/7/6/elena_milashina_attack

https://www.hrw.org/news/2023/07/04/journalist-and-human-rights-lawyer-viciously-attacked-chechnya

https://www.ohchr.org/en/press-releases/2023/07/russia-un-experts-dismayed-violent-attack-against-journalist-yelena

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Off-shoring refugees is an expensive snake oil..

July 2, 2023

On 29 June 2023 Andrew Stroehlein wrote for Human Rights Watch a short obituary on ‘off-shoring refugees’, concluding “That offshoring refugees has been a costly, abusive, illegal failure should surprise no one apart from maybe a few politicians who believed their own slogans and a portion of the public who fell for the politicians’ expensive snake-oil cures”

Offshoring Refugees: A Costly, Abusive Failure. Australia no longer holds any refugees on the island country of Nauru. In welcome news, the last refugee kept there under the Australian government’s abusive offshore processing policy has finally been evacuated to Australia. The hope now is that Australia, and the rest of the world, will finally realize what an abusive failure such policies have been.The so-called “Australian model” – variously labelled “externalizing,” “offshoring,” or “outsourcing” – has been wrongly admired and repackaged elsewhere by unscrupulous politicians around the globe for years. In the EU, they bloviate over its supposed merits, and member state Denmark pushed plans to send asylum seekers to detention in Rwanda, a country known for torture in detention. The UK government’s efforts to mimic Australia have also focused on sending folks to Rwanda, with the UK home secretary bizarrely saying it was not only her “dream” but also her “obsession” to do so. The Court of Appeal has just ruled the scheme unlawful this morning – more good news. Of course, the US has been “outsourcing” for years. Under both Biden and Trump, US authorities force asylum seekers to wait interminably in Mexico, where they face kidnapping, rape, and extortion.  And despite the good news about Nauru, Australia itself still holds about 80 refugees and asylum seekers in limbo in Papua New Guinea.The “appeal” of outsourcing was based on a kind of political sadism. Politicians promised to be “tough” on asylum seekers – meaning cruel and vicious toward powerless, desperate people. That, they told voters, would deter people from coming. The truth is, it’s been absurdly expensive, it’s led to appalling human rights abuses, and it hasn’t deterred anyone. Australia has spent billions on transferring 3,127 asylum seekers and refugees to Nauru and Papua New Guinea. Last year, the system apparently cost 22 million Australian dollars per person being held in Nauru (US$ 14.5 million). The abuses you get for that money are clear. HRW has documented how individuals and families with children spent years living in substandard conditions in these centers, where they suffered severe, inhumane treatment, violence, and medical neglect. At least 14 people subjected to Australia’s offshore detention system have died, half from suicide or suspected suicide. [re Australia, see also: https://humanrightsdefenders.blog/2021/07/21/australias-migration-detention-industry-again-denounced/] And offshoring hasn’t “worked” even in the most limited sense of what politicians promised. Desperate people searching for safety and the chance of a better life keep coming. They’re not going to stop fleeing war and oppression just because you threaten to send them to a third country when they arrive. That offshoring refugees has been a costly, abusive, illegal failure should surprise no one apart from maybe a few politicians who believed their own slogans and a portion of the public who fell for the politicians’ expensive snake-oil cures. But now, it should be obvious to everyone: cruelty is never a good policy.

https://www.hrw.org/the-day-in-human-rights/2023/06/29

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Tunisia no longer poster child of Arab spring

June 29, 2023

The Human Rights Council should urgently address the deterioration of the human rights situation in Tunisia, four human rights organizations said on 27 June 2023 as the 53rd Council’s session is underway.

In a letter sent to UN Member States’ Representatives on 5 June 2023, the four undersigned organizations warned against the rapidly worsening situation in Tunisia, and urged States to seize the opportunity of the ongoing Human Rights Council’s session to address it. The organizations called on the Council and Member States to press the Tunisian authorities to comply with their obligations under international human rights law particularly those guaranteeing the rights to fair trial, freedom of expression, freedom of peaceful assembly and association, and non-discrimination.

The Human Rights Council should urge Tunisia to end the ongoing crackdown on peaceful dissent and freedom of expression, and drop charges against, and release, all individuals being detained and prosecuted solely on the basis of their peaceful political activities and the exercise of their human rights. The Council should also call on Tunisia to conduct prompt, thorough, independent, impartial and transparent and investigation into a wave of anti-Black violence – including assaults and summary evictions – against Black African foreign nationals, including migrants, asylum seekers and refugees, and bring to justice anyone reasonably suspected to be responsible, and provide victims with access to justice and effective remedies.

Over the past two years, Tunisia has witnessed a significant rollback on human rights. Judicial independence guarantees have been dismantled and individual judges and prosecutors have been subjected to arbitrary dismissal, politicized criminal prosecutions and increased interference by the executive. Lawyers are being prosecuted for the discharge of their professional duties and exercise of their right to freedom of expression.

‘The Tunisian authorities’ interference in the judiciary and attacks on lawyers have greatly undermined the right to fair trial and public trust in the integrity of the justice system. The authorities must ensure that the courts are not weaponized to crush dissent and free expression,’ said International Commission of Jurists’ MENA director Said Benarbia. 

Under the guise of ‘fighting offences related to information and communication systems’,  punishable by up to a 10 years’ imprisonment and a hefty fine according to Decree Law 54, at least 13 individuals, including journalists, political opponents, lawyers, human rights defenders and activists, have been subject to police or judicial investigations and are facing possible prosecutions.

‘With Tunisia facing political uncertainty and economic crisis, it’s more important than ever that Tunisians be free to debate their country’s future without fear of reprisal. The authorities should strive to allow the effective enjoyment of the right to freedom of expression of everyone; instead, they are attacking it,’ said Rawya Rageh, Amnesty International’s acting deputy director for the Middle East and North Africa.

Last week, the UN High Commissioner for Human Rights called on the Tunisian authorities to stop restricting media freedoms and criminalizing independent journalism. In a statement published on 23 June, Volker Türk expressed deep concern at the increasing restrictions on the right to freedom of expression and press freedom in Tunisia, noting that vague legislation is being used to criminalize independent journalism and stifle criticism of the authorities. ‘It is troubling to see Tunisia, a country that once held so much hope, regressing and losing the human rights gains of the last decade,’ said the High Commissioner.

Since February 2023, a wave of arrests targeted political opponents and perceived critics of Tunisia’s President, Kais Saied. In the absence of credible evidence of any offences, judges are investigating at least 48 people, such as dissidents, opposition figures, and lawyers, for allegedly conspiring against the State or threatening State security, among other charges. At least 17 of them are being investigated under Tunisia’s 2015 counter-terrorism law.

‘By jailing political leaders and banning opposition meetings, the authorities are dangerously trampling on the fundamental rights that underpin a vibrant democracy. The democratic backsliding and the human rights violations, which are unprecedented since the 2011 revolution, require urgent attention from the Human Rights Council and Member States,’ said Salsabil Chellali, Tunisia director at Human Rights Watch.

Signatories:

  1. International Commission of Jurists (ICJ)
  2. International Service for Human Rights (ISHR)
  3. Amnesty International
  4. Human Rights Watch (HRW)

Download as PDF

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Human Rights Watch addresses Spain’s Presidency of the EU

June 27, 2023

On 26 June 2023 HRW called on Spain use its six-month tenure as EU Presidency to translate into concrete and bold actions commitment to protect fundamental rights and the rule of law.

Spain holds the presidency as the world marks the 75th anniversary of the Universal Declaration of Human Rights (UDHR) on 10 December 2023. In anticipation of this pivotal moment Spain should make every effort to uphold the rights and values enshrined in this historic document.

HRW calls upon the Spanish government to consider the following priority issues and recommendations:

  1. Fundamental Rights and Rule of Law in EU member states

Two EU member states – Hungary and Poland – currently face scrutiny under Article 7 of the Treaty on European Union (TEU)…

The freezing of EU recovery and cohesion funds under the conditionality mechanism represents a welcome step but it is insufficient to address the gravity of the erosion of rule of law and human rights. While Hungary and Poland have adopted some limited measures in response to requirements under the mechanism, these have failed to address fundamental and long-standing concerns. ….We urge the Council to hold the Polish and Hungarian governments to account by using the powers conferred to it under the Treaties and to fulfil the strong mandate to act given to it by the European Commission and Parliament. The urgency of Spain’s leadership and responsibility cannot be overstated as it is one of only two remaining presidencies before Hungary and Poland in turn assume leadership of the Council. It is highly likely that during that time progress on rule of law will at best stall, and at worst Article 7 scrutiny will come to an end altogether…

  1. Rights-Respecting and Principled EU Migration Policy

Spain’s EU Council presidency comes at a critical time for the EU’s migration policy after the Council agreed on 8 June on a negotiating position on an EU-wide reform of its asylum and migration system. Given its mandate to lead on behalf of member states the negotiations with the European Parliament on a final agreement, Spain has an opportunity to broaden the scope for a rights-respecting approach.

We call on your government to:

  • Support the establishment of proactive, state-led SAR operations in the Mediterranean Sea that could involve expanding the mandates and capacity of existing initiatives like EUNAVFOR MED and Frontex, funding professional rescue NGOs and ensuring predictable disembarkation.
  • Promote a discussion on the critical role of NGOs to ensure that they are fully able to carry out their lifesaving SAR activities, instead of facing obstruction and criminal and administrative penalties; and provide platforms for discussion of cooperation between member state rescue coordination centers and NGOs.
  • Advocate for independent and effective border monitoring mechanisms to document human rights violations at EU external borders, such as unlawful pushbacks, to ensure accountability for those responsible for human rights abuses and access to justice for victims.
  • Ensure that migration cooperation with third countries, and all provision of financial, technical, and material assistance, are contingent on clear and verifiable human rights commitments. 
  • Enable a constructive trialogue on the asylum procedures regulation and the asylum and migration management regulation with a view to limiting the use of accelerated border procedures, the detention of asylum seekers including families with children, and discretionary use of the “safe third country” concept.
  • Promote a discussion on establishing more safe and legal pathways for migration as called for by EU Justice and Home Affairs Commissioner Johansson.[8]
  1. Human Rights as a Pillar of EU’s Foreign Policy

The EU is equipped with solid instruments to ensure that human rights protection remains at the centre of its external action. The EU has shown resolve in its response to Russia’s invasion of Ukraine and has led at the United Nations to address key human rights crises.

..

During its Presidency, we call on your government to:

  • Continue to combat impunity for crimes committed in Ukraine, including by providing adequate resources to the International Criminal Court’s (ICC) regular budget, advocating and supporting the implementation of ICC arrest warrants, pressing Ukraine to ratify the Rome Statute and supporting independent investigations and prosecutions under universal jurisdiction.
  • Continue to support Human Rights Defenders (HRDs) at risk and share your experience with other EU member states. Encourage other EU member states to learn from and replicate Spain’s forward-leaning approach with the Program for Support and Protection of Human Rights Defenders at Risk that provides dedicated one-year residential visas for HRDs. Advocate with EU member states to use their discretion and facilitate access by HRDs to multi-year multi-entry Schengen visas in line with EU guidelines.
  • …
  • Recalibrate EU’s engagement with China to address the government of China’s human rights record through measurable deliverables; counter the government of China’s flawed narratives on its own human rights record; reject efforts to undermine international human rights institutions; lead the creation of a UN investigative and monitoring mechanism for crimes against humanity committed in Xinjiang; sanction or hold accountable those responsible for such crimes; and make plans to reduce dependency on a government that assaults human rights both domestically and in its foreign policy.

see also: https://freedomhouse.org/article/media-freedom-and-journalists-groups-call-eu-prioritise-media-freedom-reforms-and-human

HRW Letter – Spain Presidency June 2023

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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.

However: https://www.hrw.org/news/2023/06/08/outspoken-philippine-ex-senator-denied-bail

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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