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Human Rights and the Elderly: the future

June 1, 2012

This post is not directly about human rights defenders but rather touches an area where they are not so commonly engaged. My interest in the area is of course to a large extent self-interest as the 65 benchmark is nearing but was piqued by a recent visitor from Australia, my good friends Rodney and Noni Lewis.

Rodney Lewis is a practicing lawyer engaged in resolving legal problems for the aged and the ageing in our community. He is based in Mona Vale, a suburb of Sydney. He has been a practising lawyer for over 40 years. He is the author of the legal text Elder Law in Australia (published by Lexis Nexis Sydney, in 2004). Rodney’s interest in Aged Care came through his wife Noni who is a registered nurse. His inquiries sprang from their discussions and led to his research, writing, lecturing and the preparation of the only text book on the subject. Rodney’s interest in Elder Law and the legal rights of older persons also stems from his interest and commitment to human rights. (Rodney has been active with the International Commission of Jurists, and assisted me greatly in writing the book on Human Rights in Indonesia; he also undertook trail observations missions).

Over the past several decades a massive change has taken place in a key demographic area of the planet’s human population: age. If the current trend of lowering birth rates and lowering death rates continues, by the year 2050 one out of five people will be aged 60 years or older and by 2150, one out of every three people will be aged 60 years or older. Additionally, the older-person support ratio is falling in both more and less developed regions, which could further lessen the ability of societies and governments to care for their aging populations.

These demographic trends create unique challenges for all people, particularly for the governments of nation-states around the globe. Elderly individuals are often subject to discrimination and abuse because they are perceived as easily taken advantage of. There is also a prevalent belief among many that elderly persons are worthless in today’s fast-paced, globalized and increasingly industrialized world. Obviously, with the number of elderly people on earth at any one time rising rapidly, there is an increased urgency to address the rights and roles of elderly persons in our world.

For more on this a good starting point is Human Rights Education Associates on: http://www.hrea.org/index.php?doc_id=435
From a cursory glance at the internet it seems that Canada and Australia have gone furthest in organizing elder law, e.g. http://www.elderlaw.com.au/

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OMCT changes Secretary General after more than 25 years

September 2, 2011

Yesterday and today I was in Geneva to prepare the 13 October MEA ceremony with our partner the City of Geneva. I used the occasion to go and greet the new Secretary General of  the World Organisation Against Torture (OMCT), the principal global coalition of anti-torture organizations. As from 1 September 2011, Gerald Staberock succeeds Eric Sottas who had led the organisation since its inception in 1985 and who is taking his extremely well-deserved retirement.

Eric Sottas is the quintessential international human rights worker, constantly in touch with the human rights defenders at the local level and keeping a steady eye on the ever-changing global scene . He made sure the organisation stayed steadfast in the fight against torture, resistant to pressure and intransigent in the face of what was fashionable, initiated studies that provoked reflection on the subject of torture” said Mr Yves Berthelot, OMCT President.

Gerald Staberock, who joined the OMCT nine months ago, bring his own wide experience in anti-torture and rule of law reforms in transition countries. His special interest in the debate on torture and counter-terrorism over the last ten years  will serve him well. ” Upon starting his job Gerald Staberock stressed that  “The absolute prohibition of torture is challenged today through lack of respect and a pervasive culture of impunity in many parts of the world. At the same time there are opportunities not least through the transitions of the Arab spring to advance the fight against torture. This is the time to double the effort, to assist and support victims of torture, to ensure accountability and prevent torture, and to counter public complacency in the face of torture. 

 Gerald Staberock, born on June 13, 1968 in Tübingen, Germany, led for eight years different global programs at the International Commission of Jurists , including its Centre for Judges and Lawyers and its Global Security and Rule of Law Initiative. In this context he coordinated the most comprehensive global study on counter-terrorism and human rights . Before joining the ICJ he worked at the OSCE Office for Democratic Institutions and Human Rights (ODIHR) on rule of law and anti-torture projects, including on penitentiary and legal reforms in Eastern Europe and the former Soviet Union.

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Eight important NGOs protest assault on MEA laureate Al-Hassani in Syrian jail – situation criticial

November 4, 2010
On 4 November 2010 eight leading human rights organizations  – of which 6 are on the jury of the Martin Ennals Award (MEA) – called on the Syrian government to guarantee the safety of Muhannad al-Hassani, a human rights defender serving a three year prison term, after he was assaulted last week in ‘Adra prison, Damascus. The eight organizations – Amnesty International, Human Rights Watch, the International Commission of Jurists, the World Organisation Against Torture (OMCT), the International Federation for Human Rights (FIDH), the Cairo Institute for Human Rights Studies (CIHRS), the Euro-Mediterranean Human Rights Network (EMHRN) and Front Line – urged the Syrian government to investigate the assault and protect Muhannad al-Hassani from further brutality or ill-treatment. The joint statement adds some important new development:

“Muhannad al-Hassani was physically assaulted on 28 October by a prisoner sentenced for a criminal offence who was being held in the same cell in ‘Adra prison. For five days after the attack Muhannad al-Hassani continued to be held in the same cell as his attacker, but is then reported to have been moved to a tiny underground isolation cell. He and other political prisoners in ‘Adra prison have now launched a hunger strike to protest against his solitary confinement.

The prisoner who attacked Muhannad al-Hassani is said to have been moved into the same cell only recently and to have beaten him using a heavy metal finger ring he was wearing at the time of the assault although prisoners are not normally permitted to wear such ‘jewellery’. As a result of the assault, Muhannad al-Hassani suffered a cut to his forehead requiring ten stitches, swelling to his eye and cheek and bruising to his body.

Following the incident, the police took statements from other prisoners who had witnessed the assault and interviewed Muhannad al-Hassani in the presence of his attacker, but reportedly took no action when he continued to threaten him and accused him of being unpatriotic and did not even make note of the threats.

Muhannad al-Hassani was subsequently taken to a doctor at a government forensic clinic in Douma, a town between ‘Adra and Damascus, who issued a report on his injuries on 1 November. The case was referred to a court in Douma though Muhannad al-Hassani’s lawyers were not informed and so were unable to be present at the hearing.

The eight human rights organizations call on the Syrian authorities to carry out a prompt, thorough and transparent, independent investigation into the assault on Muhannad al-Hassani and the circumstances which led to his being exposed to such risk. In particular, they must examine whether officials at ‘Adra prison were complicit in the attack by moving the prisoner responsible into Muhannad al-Hassani’s cell to facilitate it, and why they continued to hold them in the same cell for several days afterwards. The results of such an investigation should be made public and those responsible for the attack must be brought to justice.”

The  organizations also called for an immediate end to Muhannad al-Hassani’s solitary confinement and for guarantees of his safety while he remains in prison, although he should NOT be in prison to start with (see previous posts). The statement adds that “other government critics are previously reported to have been assaulted by criminal inmates, as well as prison guards, while held in ‘Adra prison. In December 2006, for example, Anwar al-Bunni, another human rights lawyer, was pushed down a flight of stairs by a criminal detainee and beaten on his head in the presence of prison guards, who failed to intervene.”

Posted in AI, Al-Hassani, CIHRS, EMHRN, FIDH, Front Line, HRW, human rights, ICJ, MEA, OMCT | 9 Comments »
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International Commission of Jurists takes up case of Al-Hassani

November 2, 2010

On 1 November 2010 the INTERNATIONAL COMMISSION OF JURISTS (ICJ) followed up on the case of Al-Hassani who was beaten in jail, with a press release entitled: “Syria: Muhannad Al-Hasani, ICJ Commissioner and Martin Ennals Laureate physically assaulted in jail”.  The International Commission of Jurists deplored the failure of the Syrian authorities to protect the physical integrity ICJ Commissioner Muhannad Al-Hasani, an internationally renowned lawyer and human rights defender currently serving a three-year sentence in Adra Prison, Damascus. Some of the key paragraphs are:

“Muhannad Al-Hasani was severely beaten by a prisoner who accused him of working against the interests of the Syrian nation. The prisoner is believed to have been acting at the behest of the Syrian security services. Mr. Al-Hasani is suffering from hematoma and bleeding from his eye and forehead as a result of the assault. The attack on Muhannad Al-Hasani is an attack on human rights defenders everywhere who strive to protect rights under the rule of law. The Syrian authorities have brazenly rebuffed the international community by allowing this assault in the immediate aftermath of his receiving the Martin Ennals award said Wilder Tayler, ICJ Secretary General. It is the responsibility of the Syrian authorities to protect Mr. Al-Hasani from any form of ill-treatment and they must be held accountable for these attacks, added Wilder Tayler.”

“This assault intensifies a campaign of harassment and intimidation against Mr. Al-Hasani, because A of his work as a lawyer and as a human rights defender. His present prison sentence comes after his conviction by the second criminal court of Damascus for “weakening national sentiments” following an unfair trial. Prior to this he was permanently disbarred from practicing law by the non-independent Syrian Bar Association.”

For more information, please contact Saïd Benarbia, Middle East & North Africa Legal Advisor, via: info@icj.org

 

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