Archive for the 'Observatory for the Protection of Human Rights Defenders' Category

Panayote Dimitras – a Greek migrants’ rights defender – suffers judicial harassment

August 22, 2024

August 14, 2024:The recent summons by the Athens Magistrate marks a new development in Mr Dimitras’ long history of judicial harassment, this time also prospecting the criminal prosecution of his wife, constituting a major violation of their right to defend human rights as well as of the recently adopted European Union (EU) anti-SLAPP Directive. The Observatory for the Protection of Human Rights Defenders (FIDH-OMCT) urges the Greek authorities to put an immediate end to this practice of harassment and to ensure that all human rights defenders in the country can carry out their legitimate activities without hindrance or fear of reprisals.

his earlier troubles

Panayote Dimitras is a Greek migrants’ rights defender and Spokesperson of the Greek Helsinki Monitor (GHM) who, over the past ten years, has faced continuous episodes of judicial harassment as well as vicious smear campaigns deliberately aimed at discrediting him and his work. In the latest development, Mr Dimitras and his wife – Nafsika Papanikolatou – were summoned on May 31, 2024, by an Athens Magistrate carrying out a preliminary criminal investigation into alleged breach of trust and money laundering (in violation of paragraph 1 of Article 390 of the Greek Criminal Code and paragraphs 1 b) and 1 c) of Article 39 of Law 4557/2018, respectively), following the opening of a criminal case by the Athens First Instance Prosecutor. Mr Dimitras and Ms Papanikolatou replied to the summons and their file is in the hands of the Athens First Instance Prosecutor since then.

Exactly one year earlier, on May 31, 2023, the Greek Anti-Money Laundering Authority had already ordered the freezing of Mr Dimitras’ and Ms Papanikolatou’s personal account, pending an investigation into alleged misuse of donations to the Communication and Political Research Society (ETEPE) – a non-profit research organisation co-founded in 1990 by Mr Dimitras that manages human rights NGOs like GHM and Minority Rights Group – Greece (MRG-G). The same day the order was issued, Greek media published apparently leaked and inaccurate information about the case, reporting that all Mr Dimitras’ personal assets as well as those of the NGOs headed by him had been frozen, and that the alleged money laundering concerned funding received mainly from the EU “to support human rights causes” that “was used for other purposes than those claimed.” In fact, only a joint personal account of Mr Dimitras and Ms Papanikolatou had been frozen, and Mr Dimitras was accused of misusing, between 2010 and 2015, private donations to ETEPE amounting to 178.666,80 Euros and not EU funding.

Mr Dimitras and Ms Papanikolatou received the official notification from the Anti-Money Laundering Authority only one month and a half after the decision to freeze their personal account was taken, thereby delaying their right to access a remedy. The account freeze was initially ordered for nine months and then renewed for another nine months in February 2024. At the time of publication of this statement, the freeze is still effective notwithstanding Mr Dimitras’ and Ms Papanikolatou’s repeated requests to terminate it.

In another court case, the Three-Member Misdemeanours Court of Athens acquitted, in April 2024, Panayote Dimitras after five years of judicial harassment. Mr Dimitras was prosecuted under criminal charges of “false accusation” and “aggravated defamation” (Articles 229 and 363 of the Criminal Code of Greece, respectively) for having denounced racist comments from a public official, Christos Kalyviotis, who in return filed a complaint against Mr Dimitras for defamation.

The Observatory recalled, already at that time, that the procedure initiated by Mr Kalyviotis was only one of many abusive cases brought against Mr Dimitras over the past few years and constitutive of strategic lawsuits against public participation (SLAPPs), abusive civil proceedings aimed at criminalising human rights defenders and journalists.

Notably, since November 2022 a criminal case is ongoing against Panayote Dimitras at the Kos Court of First Instance in which he is accused of “forming or joining for profit and by profession a criminal organisation with the purpose of facilitating the entry and stay of third country nationals into Greek territory” under several articles of Law 4251/2014 (Immigration and Social Integration Code), for having provided humanitarian assistance to asylum-seekers. On January 23, 2023, preventive measures were imposed pending trial. Mr Dimitras was banned from carrying out activities with the GHM, a measure which was subsequently lifted. He was also banned from leaving the country, subjected to the obligation to report to the police station of his place of residence every 15 days, and required to pay a bail of 10,000 Euros.

More than one-and-a-half year later, these last three measures are still in place, with the consequence that Mr Dimitras cannot travel abroad for GHM human rights activities. In August 2023, he requested that the travel ban be lifted so that he could attend international meetings, and to be allowed temporarily to report to the police station in Kelafonia, where he has a summer home. Both requests were rejected by the First Instance Court of Kos. The European Parliament expressed concern about these measures in its resolution of February 7, 2024, on the rule of law and media freedom in Greece (2024/2502(RSP)). The responses provided by the Supreme Court and the Greek government to the resolution are of particular concern and seem to constitute both smear campaigns against Mr Dimitras as well as violations to his right to a fair trial, as it was falsely claimed that he had been arrested and that he had contacted a human smuggler.

The Observatory recalls that the anti-SLAPP Directive adopted by the European Parliament entered into force on May 6, 2024. The Observatory encourages the Greek authorities to bring into force the laws, regulations and administrative provisions necessary to comply with this Directive and to ensure its effective implementation to protect human rights defenders from abusive proceedings.

The Observatory expresses concern about the continued judicial harassment against Mr Dimitras and its recent enlargement towards his wife. The Observatory urges the Greek authorities to put an immediate end to all acts of harassment against Panayote Dimitras and Nafsika Papanikolatou and to allow their free exercise of the right to defend human rights.

https://www.fidh.org/en/region/europe-central-asia/greece/greece-continued-judicial-harassment-of-migrants-rights-defender

Breaking news: UN Declaration protecting human rights defenders updated with the Declaration +25

June 20, 2024

19 June 2024: in a ground-breaking initiative, civil society organisations worldwide have united to produce an authoritative articulation of the international legal framework for the protection of human rights defenders.

Following a year-long project involving consultations with human rights defenders, a coalition of 18 international (full list below) and regional human rights organisations released the Declaration +25, a landmark document systematising relevant developments in regional and international human rights law and standards of the last 25 years.

The principles contained in the two documents together represent a baseline for the protection and promotion of human rights defenders while addressing their enduring and evolving needs.

https://ishr.ch/25-years-un-declaration-on-human-rights-defenders/

To download: https://ishr.ch/defenders-toolbox/resources/declaration-25

‘The 1998 Declaration was a turning point in human rights history,’ the coalition of 18 international and regional human rights groups said today, ‘it recognised the importance and legitimacy of human rights defenders, and the need to protect the right to defend human rights.’

However, the Declaration has never been fully implemented or enforced, and human rights defenders have had to adapt their work to rising issues such as the climate crisis, racism, discrimination, the backlash against sexual and reproductive rights, but also to new threats – including digital surveillance, and different forms of stigmatisation, and criminalisation.

‘With grassroots and frontline activists’ lived experiences and concerns at its heart, the Declaration + 25 will help tackle the current challenges faced by human rights defenders. It will also be a major step towards fulfilling the promise of the 1998 Declaration: enshrining in law the protection of human rights defenders around the world.’

The project commenced in 2023 with the coalition conducting online and in person consultations with defenders to identify the key issues they face in the defence of human rights that were not fully addressed by the 1998 Declaration, and analyse developments in international and regional contexts and jurisprudence.

Over 700 human rights defenders from all regions of the world took part in these consultations, which, along with inputs from legal and human rights experts and civil society organisations, fed into the Declaration + 25. The document was adopted unanimously at a two-day experts’ meeting in Bangkok, Thailand in April 2024. The result is a call to action to governments, multilateral organisations, businesses, and civil society to protect human rights defenders and their activities.

‘People everywhere have the right to defend human rights and unite to achieve justice for all, and States have an obligation under international law to protect those exercising that right, and ensure they can work freely and safely,’ the 18 rights groups emphasised.

‘The Declaration +25 is a powerful new tool and reminder of the existing standards and principles that States, corporations and society at large must implement to protect and enable human rights defenders across the world for the years to come.’

The Declaration+25 was formally launched on Wednesday 19 June at a side event in Geneva, on the margins of  the 56th session of the United Nations Human Rights Council. [https://humanrightsdefenders.blog/2024/06/08/launch-of-the-hrd-declaration25/]


List of participating organisations: 

  • Amnesty International 
  • Asia Pacific Forum on Women, Law and Development (APWLD) 
  • CIVICUS 
  • Defend Defenders 
  • FIDH 
  • FORUM-ASIA 
  • Front Line Defenders 
  • Gulf Centre for Human Rights 
  • ICNL 
  • ILGA World 
  • IM Defensoras 
  • International Service for Human Rights (ISHR) 
  • OMCT 
  • Peace Brigades International 
  • Protect Defenders 
  • Protection International 
  • The Regional Coalition for WHRDs in South-West Asia and North Africa (known as WHRDMENA) 
  • Robert F. Kennedy Human Rights

https://ishr.ch/latest-updates/civil-society-unveils-new-supplement-of-un-declaration-protecting-human-rights-defenders

Tajikistan: Two-Year Anniversary Of Arrest Of Human Rights Defender Manuchehr Kholiqnazarov 

May 29, 2024

Manuchehr Kholiqnazarov. Photo from personal Facebook page

Manuchehr Kholiqnazarov. Photo from personal Facebook page

On 29 May 2024, IPHR (International Partnership for Human Rights – an independent, non-governmental organization founded in 2008 in Brussels) published an Op-ed about Human Rights Defender Manuchehr Kholiqnazarov.

Tuesday marked the sad anniversary of the arrest of lawyer and human rights defender Manuchehr Kholiqnazarov in Tajikistan. First arrested on 28 May 2022, he has now spent two years behind bars, serving a 16-year-long prison sentence in retaliation for his human rights work. 

The organisations issuing this statement – International Partnership for Human Rights (IPHR), the Tajikistan Civil Society Coalition against Torture and Impunity, Helsinki Foundation for Human Rights (HFHR, Poland), Norwegian Helsinki Committee (NHC), as well as International Federation for Human Rights (FIDH) and World Organisation against Torture (OMCT) within the framework of the Observatory for the Protection of Human Rights Defenders – are increasingly worried about Manuchehr’s state of health and call again on the Tajikistani authorities to immediately and unconditionally release him.

[for earlier statement, see: https://humanrightsdefenders.blog/2023/09/14/call-to-release-human-rights-defender-manuchehr-kholiqnazarov-and-others-in-tajikistan/]

Manuchehr was arrested and imprisoned for no other reason than his tireless work to help the most vulnerable victims of human rights violations. We will not give up fighting against his unjust sentence until he is released and allowed to return home to his family,” said Brigitte Dufour, Director of IPHR.

On 9 December 2022 Tajikistan’s Supreme Court found Manuchehr guilty under articles 187, part 2 (participation in a criminal organisation) and 307 (3), part 2 (participating in the activities of a banned organisation due to its extremist activities) of the Criminal Code, sentencing him to 16 years’ imprisonment in a strict regime penal colony. 

Manuchehr is the Director of the Lawyers Association of Pamir (LAP), one of the few civil society organisations in Tajikistan’s Gorno Badakhshan Autonomous Region (GBAO) that works to promote and protect human rights.

On 25-28 November 2021, mass protests erupted in Khorog, GBAO, over the extrajudicial killing of a young man, Gulbiddin Ziyobekov. After the protests settled, Manuchehr joined the “Commission 44”, consisting of representatives of local civil society and law enforcement agencies, to investigate the events. Given his professional experience, Manuchehr was included in the Joint Investigation Team headed by the Prosecutor General’s Office and helped secure lawyers for victims of indiscriminate violence during the November 2021 protests.

However, May 2022 saw a renewed crackdown on protests in Khorog and Rushan District of GBAO.  On 28 May 2022, Manuchehr was arrested along with a dozen members of Commission 44 for alleged “participation in a criminal association” and “publicly calling for violent change of the constitutional order”. Their trial began on 20 September 2022, and was held behind closed doors at a detention facility of the State Committee for National Security (SCNS) in Dushanbe. Following his conviction, Manuchehr was transferred to a prison facility in the capital.

Manuchehr’s health has deteriorated significantly in detention. In particular, he suffers from back problems. The authorities should ensure that he has access to adequate medical assistance for these health problems and that his treatment complies fully with international standards as long as he remains behind bars.

In addition to human rights NGOs, the United Nations Special Rapporteur on Human Rights Defenders and other international human rights experts have repeatedly raised concerns about Manuchehr’s imprisonment and called for his release. The Tajikistani authorities should heed to these calls, promptly release him and allow him to reunite with his family.

Rising Attacks against Women Human Rights Defenders in Sudan

February 25, 2024

© MENA WHRD Coalition

On 14 February 2024, eight organisations, including FIDH and OMCT within the framework of the Observatory for the Protection of Human Rights Defenders, expressed their grave concern over the closure of civic space, attacks on freedom of expression, rising militarisation and continuous disruption and shutdown of communication that threatens the work and safety of Women Human Rights Defenders (WHRDs) and Women’s Rights Groups in Sudan:

February 14, 2024. We the undersigned groups and organisations would like to express our grave concern and raise the alarm over ongoing reports about the closure of the civic space, attacks on freedom of expression, rising militarisation and continuous disruption and shutdown of communication that threatens the work and safety of Women Human Rights Defenders (WHRDs) and Women’s Rights Groups in Sudan.

Shutdown of Communications

On February 7th, 2024, Sudan witnessed a complete communications shutdown. Reasons behind this shutdown remain unknown in the absence of official statements from operating companies and the warring parties. This shutdown followed two days of the extensive interruption of communications at the end of January 2024. The interruption of communications and frequent shutdowns have life threatening implications and put the safety and security of WHRDs at risk. Without access to communications, WHRDs struggle to document and report on the mounting atrocities on the ground. The interruption of internet networks has also impeded women groups’ access to the mobile banking apps that facilitate money transfers to operate or secure protection for WHRDs at risk. The #KeepItOn coalition — a global network of over 300 human rights organisations from 105 countries working to end internet shutdowns — has raised concerns that “amid the ongoing brutal violence in Sudan, the continued weaponisation of internet shutdowns is a flagrant violation of international law.”

Attack on Wad Madani

Since the attack on Wad Madani, the capital of the central Al Jazirah state, in mid-December 2023, Women’s Rights groups and WHRDs have lost the resources collected since the start of the war. Dozens of WHRDs and Women’s Rights Groups were forcibly displaced for the second time, driven from the city that had been the humanitarian response hub for local and international NGOs. As WHRDs were forced to flee again, they faced enormous challenges searching for safe locations across states and neighbouring countries. Dozens of WHRDs were harassed, detained, summoned and threatened by both warring parties during the last few weeks.

Targeting of Activists

The Sudanese Armed Forces (SAF) launched an intensified attack on human rights defenders, humanitarian workers and volunteers, journalists, and peace activists in the last few months in the areas under their control. Aid groups and first responders faced rising restrictions of movement and supplies.

Rapid Support Forces (RSF) continued to arrest civilians, loot both public and private properties and perpetrate systemic sexual violence across the areas under their control. WHRDs and Women’s Rights Groups struggle to operate in these areas as the risks of sexual violence are growing.

At least five WHRDs and women first responders have been detained, summoned, harassed or threatened in the last few weeks. The attacks were reported in areas controlled by both warring parties. Since the war erupted, four WHRDs have been killed, two of whom were journalists. At least 11 women health workers were killed as well.

Closure of Civic Space and Restrictions on Freedom of Expression

In January 2024, Sudanese authorities in the relatively safer states in Northern and Eastern Sudan, including local governors, issued decrees to dissolve neighbourhood resistance committees. These grassroot groups were mobilizing and organising communities since the emergence of the protests movement in 2018. The governors of five states also banned publication of information and imposed heavy penalties on publishing information on social media or other newspapers regarding the security situation in their states. Journalists and activists were detained in three states and two women journalists were summoned and threatened by local authorities following these decrees. In the Blue Nile state, Red Sea and other states, meetings and other forms of peaceful civic activities are either banned or not authorized. Women’s Rights groups and other NGOs operating in these states are working in hostile and increasingly challenging environments. Civic space in Sudan is closed, with an increasing militarisation of the state and local communities.

Rising Militarisation

During the last three months, Sudanese authorities launched a mobilisation campaign to arm civilians in various states under SAF control. This campaign’s leaders attacked and threatened activists who criticized the armament of civilians, including women, girls and boys. Voices of peace activists are considered treasonous by SAF supporters. The widespread arms in the hands of civilians has led to unprecedented threats to women and peace and security, including gender-based violence (GBV) in the areas outside of the fighting zones.

We the undersigned groups call on:

The warring parties:

  • An immediate ceasefire and the prompt creation of safe corridors for humanitarian aid organisations and groups, and to guarantee the safety of their operations;
  • An immediate restoration of telecommunications across the country;
  • Cease attacks on health facilities, medical supplies, and health workers, and uphold obligations under international humanitarian law;

The international community:

  • States and international human rights, peace-building and feminist groups and organisations to work together to create an immediate long-term protection program for WHRDs (and their families) that addresses relocation needs (in several locations if needed), provides psychological support for post-traumatic stress caused by war and conflict, including due to GBV, and equips WHRDs’ with all the necessary means to continue their work in the defense of human rights;
  • States to provide support for the FFM and other international mechanisms mandated to document human rights violations in Sudan, including by ensuring that these entities have the necessary resources to carry out their work effectively;
  • States to support local initiatives providing humanitarian support to local communities as well as support services to victims, and to support civil society’s documentation and reporting efforts so that the evidence obtained can be used for future judicial proceedings, including for those related to SGBV crimes.
  • The international community to establish a mechanism for the disclosure of the whereabouts of the disappeared and the release of detainees, and to urgently address the issue of enforced disappearances and grave violations in detention centers, including GBV;
  • The international community to reinforce and protect medical staff in accordance with international humanitarian law;
  • The Fact Finding Mission (FFM) recently established by the UN Human Rights Council, to ensure accountability is pursued for GBV crimes committed by warring parties, to regularly and meaningfully engage with civil society in this process, and to ensure effective protection of witnesses and victims;
  • All other UN human rights mechanisms, including UN Special Procedures, to support the FFM’s work and to investigate GBV as a weapon of war, to call for the release of detainees and for the disclosure of the whereabouts of the disappeared, and to demand an investigation into violations in detention, including GBV;

https://www.fidh.org/en/region/Africa/sudan/sudan-rising-attacks-against-whrds-and-women-s-rights-groups

Mary Lawlor returns from Algeria visit

December 7, 2023

On 5 December 2023, Mary Lawlor, the UN Special Rapporteur on the situation of human rights defenders concluded her visit to Algeria with the observation: “While I welcome the evident reforms which have taken place over the past four years and the new emphasis on public consultation, I regret that some human rights defenders who work on sensitive issues face continued restrictions”.

The UN expert observed four main patterns of violations used to suppress human rights defenders: ongoing judicial harassment, dissolution of key human rights organisations, limitations on freedom of movement and intimidation and surveillance leading to severely negative impacts on their mental health and that of their families.

I was saddened that a handful of human rights defenders who attempted to travel to Tizi Ouzou, where I was holding meetings, were prevented from doing so and detained for 10 hours,” Lawlor said.

“Given Algeria’s recent history, robust laws relating to terrorism are clearly necessary,” the expert said. “However, it is disappointing that laws designed to prevent terrorism are instilling terror in human rights defenders through overly broad and vague definitions of what constitutes terrorism in the Penal Code.”

The Special Rapporteur noted that Article 87 bis of the Penal Code was one of the most frequently cited laws used to prosecute human rights defenders.

Despite this, the expert said there were many people working to protect and promote human rights with the full support of the government and the newly created consultative bodies in areas including women’s rights, children’s rights, healthcare, poverty relief and political participation. Based on this collaboration and experience, the Special Rapporteur believes the government is now better equipped to reach out to human rights defenders working on sensitive issues.

Lawlor welcomed the acquittal of three human rights defenders, Jamila Loukil, Kaddour Chouicha and Said Boudour, of terrorism charges in Dar El Baida court on Sunday. 

“I hope this acquittal will kickstart a review process of Article 87 bis, and I stand ready to assist the Algerian government in any way I can in this regard,” she said.

11 human rights NGOs had publicly expressed their wish that this visit be an opportunity to free imprisoned activists and for reforms to see the light of day.

On 6 December, following the public report of this visit, NGOs support the main measures recommended by the Special Rapporteur, namely that:
• The Algerian government must view Human Rights Defenders as allies and opportunities within society, not as threats. The signatories call for the repeal of all repressive laws and legislative provisions relating to the rights to freedom of association and peaceful assembly, and the adoption, on the basis of broad consultation with Algerian society, a regulatory framework complies with international standards notably respect for human rights in Algeria.
• Many civil society organizations are in danger of disappearing. This is already the case of the Algerian League for the Defense of Human Rights (LADDH) and the Rassemblement Actions Jeunesse (RAJ). Civil society organizations must have the freedom to adequately play their role.
• Several articles of law must also be reformed in accordance with international standards. This is the case of articles 79 and 87 bis of the Penal Code, relating to the attack on the integrity of the national territory and the fight against terrorism which are abusively used to imprison activists. The same goes for the Ban on Exiting the National Territory (ISTN) which is today used in a punitive manner to restrict the movement of human rights defenders in Algeria.

The signatories finally call on the Algerian government to release all prisoners of conscience and human rights defenders currently in prison

https://www.ohchr.org/en/press-releases/2023/12/algeria-continued-restrictions-human-rights-defenders-undermine-social

https://www.fidh.org/en/region/north-africa-middle-east/algeria/algeria-reactions-following-the-visit-of-the-special-rapporteur-on

National Human Rights Institutions of Egypt and Bahrain fail the Paris Principles

October 30, 2023
Palais Wilson shutterstock 1084789991

In a letter addressed to the Sub-Committee on Accreditation (SCA) of the Global Alliance of National Human Rights Institutions (GANHRI), civil society organisations, including the FIDH and the World Organisation Against Torture (OMCT), warn that Bahrain and Egypt do not comply with the Paris Principles, failing to respect the very pillars of these principles: pluralism, independence and effectiveness.

The undersigned civil society organisations believe that the two countries’ NHRIs have failed to comply with the Paris Principles and to implement recommendations outlined by the SCA’s previous reports in 2016 and 2018, respectively.

The Paris Principles define the minimal standards that NHRIs must abide by “in order to be considered credible and to operate effectively.” The pillars of these principles are pluralism, independence and effectiveness. NHRIs must be independent from the government, represent and cooperate with civil society, and effectively promote human rights by monitoring violations and addressing them. Based on civil society reports, the Bahraini and Egyptian NHRIs fall short of these standards.

In Bahrain, all the current members of the National Institution for Human Rights (NIHR) were appointed by King Hamad through a royal decree issued on 9 May 2021, and there is no democratic or independant mechanism through which these selections are made. The current Chairman of the NIHR, Ali al-Derazi, was reportedly implicated in abuses against migrant workers. Furthermore, the Vice-Chairperson of the NIHR, Mr. Khaled Abdulaziz Alshaer had previously called on those who criticised the Bahraini government to receive the death penalty.

In August 2022, the UN Committee on Economic, Social and Cultural Rights concluded that “[the NIHR] has not yet attained the independence required to perform its functions.” Previously in 2018, the UN Human Rights Committee had expressed similar concern and “[regretted] the lack of information on the complaints [the NIHR] has received and the investigations it has carried out in response to those complaints.”

In addition, Bahrain’s NIHR fails to address and outright denies the human rights abuses committed by the authorities, including arbitrary detention, ill-treatment and medical negligence in various detention facilities. This contradicts the UN Working Group on Arbitrary Detention’s findings regarding Abduljalil al-Singace, Abdulhadi al-Khawaja and Naji Fateel, three Bahraini human rights defenders who were arbitrarily detained, tortured, medically neglected and subjected to sham trials. [see also: https://humanrightsdefenders.blog/tag/bahrain/]

As for the Egyptian National Council for Human Rights (NCHR), it also lacks independence from the government. In 2021, new members of the NCHR were appointed for four years. The Chair, Ms. Moushira Khattab, and the Vice-President, Mr. Mahmoud Karem Mahmoud are both former Egyptian officials and diplomats. In both 2014 and 2018, Mahmoud was the coordinator of al-Sisi’s presidential campaign, which clearly demonstrates the NCHR’s close relationship with the executive.

In March 2023, the UN Human Rights Committee had echoed these concerns over the “lack of safeguards to ensure [the NCHR’s] full independence and effectiveness”, as well as over “the lack of information provided on the effective implementation of its recommendations.”

The NCHR has left hundreds of complaints unanswered and blatantly denies that certain human rights abuses are being committed. In 2020, the Council stated that findings of the UN Committee against Torture, according to which torture was “systematic” in Egypt, were a “politicized categorization” seeking to “undermine the efforts of the government”. The NCHR has also remained silent on prominent human rights issues such as the practice of enforced disappearance or the dire conditions of detention. In July 2023, the Council’s president compared a new correctional facility in Wadi al-Natroun to a “5-star hotel”. We believe that the Egyptian NCHR is far from acting as a NHRI with “A” status, which it has worryingly been granted since 2006 by the SCA. [see also: https://humanrightsdefenders.blog/tag/egypt/]

In light of the above, it is clear that the NHRIs of Bahrain and Egypt have consistently failed to comply with the Paris Principles and to implement the SCA’s recommendations.

We urge you to consider the aforementioned shortcomings of Bahrain and Egypt’s NHRIs when reviewing them during your upcoming session, and to not grant them status “A”.

Signatories:

  • Bahrain Institute for Rights and Democracy (BIRD)
  • CIVICUS
  • Democracy for the Arab World Now (DAWN)
  • Egyptian Commission for Rights and Freedoms
  • Egyptian Front for Human Rights (EFHR)
  • El Nadeem against Violence and Torture
  • Human Rights Foundation (HRF)
  • HuMENA for Human Rights and Civic Engagement
  • International Federation for Human Rights (FIDH) – within the framework of the Observatory for the Protection of Human Rights Defenders
  • International Service for Human Rights (ISHR)
  • Law and Democracy Support Foundation (LDSF)
  • MENA Rights Group
  • Rights Realization Centre (UK)
  • Salam for Democracy and Human Rights (SALAM DHR)
  • The #FreeAlKhawaja Campaign
  • The Freedom Initiative (FI)
  • World Organisation Against Torture (OMCT) – within the framework of the Observatory for the Protection of Human Rights Defenders

https://www.omct.org/en/resources/statements/bahrain-and-egypts-national-human-rights-institutions-do-not-comply-with-the-paris-principles

China continues to imprison whoever disagrees

September 24, 2023

The New York Times of 22 September 2023 and other outlets report on the increasing crackdown on dissent: Huang Xueqin, the journalist who gave #MeToo Victims a voice, and Wang Jianbing, a labor activist, have been accused of inciting subversion.

A casually dressed woman in a broad-brimmed black hat stands against a green wall, holding a sign that reads “Me Too.”
The Chinese journalist Huang Xueqin in Singapore in 2017. She has been in detention in China for two years.Credit…#FreeXueBing, via Associated Press

On 22 September saw the start of their trial after two years of arbitrary detention. A large number of civil society organisations, including the FIDH and the World Organisation Against Torture (OMCT) expressed their deep concern about their conditions of detention and called for their immediate and unconditional release.

Huang Xueqin, an independent journalist who was once a prominent voice in China’s #MeToo movement, and her friend Wang Jianbing, the activist, were taken away by the police in September 2021 and later charged with inciting subversion of state power. Their trial was held at the Guangzhou Intermediate People’s Court in southern China.

Little is known about the government’s case, but the vaguely worded offence with which the two were charged has long been seen as a tool for muzzling dissent. Since China’s top leader, Xi Jinping, came to power in 2012, the ruling Communist Party has sought to essentially silence people who have fought for free speech and political rights. A steady stream of activists, lawyers, tycoons and intellectuals have been put on trial and sentenced.

In Ms. Huang and Mr. Wang’s cases, the authorities questioned dozens of their friends in the months after their detentions and pressured them to sign testimonies against the two, according to Chinese Human Rights Defenders, an advocacy group that is in close contact with many activists.

In the meantime the Washington Post of 22 September reports that Rahile Dawut, a prominent Uyghur academic who disappeared six years ago at the height of the Chinese government’s crackdown in Xinjiang, has been given a life sentence in prison, according to a human rights group that has worked for years to locate her..

Dui Hua, a California-based group that advocates for political prisoners in China, said in a statement Thursday that the 57-year-old professor — who was convicted in 2018 on charges of endangering state security by promoting “splittism” — had lost an appeal of her sentence in the Xinjiang Uyghur Autonomous Region High People’s Court.

At a regular press briefing, Ministry of Foreign Affairs spokesperson Mao Ning said she was “unaware” of Dawut’s case. “What I can tell you is that China is a law-based country and handles relevant cases in strict accordance with the law.”

A former professor at Xinjiang University and leading scholar on Uyghur folklore, she is among more than 300 intellectuals, artists and writers believed to be detained in Xinjiang, amid a government campaign ostensibly aimed at better assimilating China’s Muslim minority and promoting ethnic harmony. Rights groups have accused the Chinese government of committing “cultural genocide” by wiping out previously vibrant local Uyghur culture. See also: https://humanrightsdefenders.blog/2020/11/11/rahile-dawut-recipient-of-courage-to-think-award-2020/

The sentencing of Professor Rahile Dawut to life in prison is a cruel tragedy, a great loss for the Uyghur people, and for all who treasure academic freedom,” said John Kamm, executive director of the Dui Hua Foundation.

https://www.fidh.org/en/region/asia/china/china-call-for-the-release-of-human-rights-defenders-huang-xueqin-and

https://edition.cnn.com/2023/09/21/china/china-metoo-activist-huang-xueqin-trial-intl-hnk/index.html

https://www.washingtonpost.com/world/2023/09/22/rahile-dawut-life-sentence-uyghur-china/

https://www.theguardian.com/world/2023/sep/24/chinese-authorities-uyghur-professor-rahile-dawut

NGOs protest sentencing of human rights defender Patrick George Zaki – with success

July 19, 2023

A large group of civil society organizations, condemn the three-year prison sentence handed down to human rights researcher at the Egyptian Initiative for Personal Rights (EIPR) and academic Patrick George Zaki for his writings highlighting the hardship and discrimination faced by Coptic Christians in Egypt, such as himself.

On July 18, 2023, following a trial rife with due process violations, an Egyptian emergency state security court handed down a three-year prison sentence to Patrick on trumped up charges of spreading false news. Patrick, who was a graduate student at the University of Bologna at the time, was arrested by Egyptian authorities on February 7, 2020, while at the Cairo Airport during a visit home to see his family. In custody, he was held incommunicado for a 24-hour period; he was beaten, stripped, electrocuted, verbally abused, and threatened. He was initially accused of joining a terrorist organization and spreading false news. In September 2021, lawyers learned that he had been referred to emergency state security court on false news charges for a 2019 article that he authored for independent digital media outlet Daraj on his experience as a Coptic Christian religious minority, titled, “Displacement, Killing & Harassment: A Week in the Diaries of Egypt’s Copts.” On December 7, 2021, following 22 months behind bars, he was ordered released from detention pending trial, and placed on travel ban. His trial continued until the July 2023 verdict, following which he was taken back into custody today.

Verdicts handed down by an emergency court are not subject to legal appeal, only to ratification by the President. The President also has the authority to commute the sentence or to quash the verdict. Furthermore, under Circular No. 10 of 2017 governing emergency state security courts, “If the accused is brought to trial while not in custody and sentenced to a prison penalty, he must be released immediately without executing the penalty pending the decision of the ratifying authority.” Per this provision, Patrick must legally be free while the President considers ratification; for Egyptian authorities to have taken him into custody constitutes a clear violation of this circular.

The targeting, arrest, prosecution, and sentencing of Patrick Zaki for writing about his experiences as a Coptic Christian is an egregious measure by Egyptian authorities that is indicative of a larger failure by the state to protect religious minorities. Instead, the authorities target Copts for merely expressing themselves and bringing attention to the discrimination they regularly endure. This sentence occurs in violation of Egypt’s domestic laws and international legal commitments, and sends a clear message that the Egyptian government is not serious about implementing its national human rights strategy or carrying out a meaningful national dialogue. At a time during which Egyptian authorities should be addressing the dire economic crisis, this step raises severe questions on the trajectory of the country.

The undersigned civil society organizations, call on Egyptian President Abdel Fattah El-Sisi not to ratify the verdict handed down to Patrick Zaki and instead to quash it in its entirety. We call on Egyptian authorities to immediately release Patrick Zaki from custody, to drop all charges and close all cases brought against him in their entirety, and to lift the travel ban brought against him. We urge all of Egypt’s international, multilateral, and government partners to press the Egyptian government to immediately release Patrick and cease persecuting him for his legally protected speech and vital human rights work.

For once it seems to have worked: https://www.barrons.com/news/egypt-s-sisi-pardons-researcher-a-day-after-jailing-sparked-outcry-e22a3c1a?refsec=topics_afp-news

Signatories

  • Access Now
  • Alternative Press Syndicate
  • Amnesty International
  • Arab Reform Initiative
  • Cairo Institute for Human Rights Studies (CIHRS)
  • Campaign Against Arms Trade
  • Center for International Policy
  • CNCD-11.11.11
  • Committee for Justice
  • Daraj
  • Democracy in the Arab World Now (DAWN)
  • DIGNITY Danish Institute Against Torture
  • Egyptian Commission for Rights and Freedoms
  • Egyptian Front for Human Rights (EFHR)
  • Egyptian Human Rights Forum (EHRF)
  • Egyptian Initiative for Personal Rights (EIPR)
  • EgyptWide for Human Rights
  • El Nadim Center
  • FIDH (International Federation for Human Rights), within the framework of the Observatory for the Protection of Human Rights Defenders
  • Human Rights First
  • Human Rights Watch
  • HuMENA for Human Rights and Civic Engagement
  • INSM for Digital Rights
  • International Service for Human Rights (ISHR)
  • Kawaakibi Foundation
  • Lebanese Center for Human Rights – CLDH
  • MENA Rights Group
  • PEN America
  • PEN International
  • Project on Middle East Democracy (POMED)
  • Refugees Platform in Egypt (RPE)
  • Scholars at Risk
  • Shadow World Investigations
  • Sinai Foundation for Human Rights (SFHR)
  • SMEX
  • Start Point
  • Taafi initiative
  • The Freedom Initiative
  • The Legal Agenda
  • The Syria Campaign
  • The Tahrir Institute for Middle East Policy (TIMEP)
  • World Liberty Congress
  • World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders

https://www.omct.org/en/resources/statements/egypt-sentencing-of-academic-and-researcher-patrick-george-zaki

https://www.hrw.org/news/2023/07/18/civil-society-organizations-condemn-sentencing-egyptian-academic-and-researcher

https://www.aljazeera.com/news/2023/7/18/egypt-jails-rights-researcher-patrick-zaki-for-3-years-ngo-says

Lebanon: human rights lawyer Nizar Saghiyé’s freedom of expression curtailed

April 25, 2023

On Thursday 20 April, the Lebanese lawyer, human rights defender and director of the NGO Legal Agenda Nizar Saghiyé was summoned to appear before the Beirut Bar Council. The summons followed Mr Saghiyé’s criticism of an amendment to the Code of Ethics of the Beirut Bar Association which prevents lawyers from speaking publicly in the media without prior authorisation from the President of the Bar Association.

EuroMed Rights, Front Line Defenders, the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), both within the framework of the Observatory for the Protection of Human Rights Defenders, express their support for Mr Nizar Saghiyé and strongly condemns this summons. Requiring lawyers to obtain prior authorisation from the President of their Bar Association before making any media statements curtails their freedom of expression.

The modification of the Code of Ethics published by the Beirut Bar Association on 3 March 2023, interferes with Article 19 of the International Covenant on Civil and Political Rights, which was ratified by Lebanon in 1972. In addition to the ICCPR, the UN Basic Principles on the Role of Lawyers makes clear that whilst states bear the primary obligation to protect lawyers, they share this with the bar associations (Principle 25). In addition, Principle 23 states that “Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.

Currently, the Lebanese government is debating a new media law behind closed doors and there has been an increase in the number of arrests of journalists. Recently the President of the Lebanese Bar Association recently denounced the “chaos and confusion” allegedly created by the proliferation of websites and social networking platforms. This latest summons is a worrying development in an already troubling trend towards limiting freedom of expression of Nizar Saghiyé, the Bar’s lawyers, amongst others.

https://euromedrights.org/publication/lebanon-behind-the-summons-of-nizar-saghiye-a-threat-to-freedom-of-expression/

Naty Castro, human rights defender in the Philippines arbitrarily detained

March 10, 2022

On 8 March 2022 the Observatory for the Protection of Human Rights Defenders, a partnership of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests an urgent intervention in the Philippines.

The Observatory has been informed by Karapatan Alliance Philippines (Karapatan) about the arbitrary detention and judicial harassment of Dr. Maria Natividad Marian “Naty” Castro, a public health practitioner and human rights defender. Ms. Castro has worked in the poorest and most marginalised areas in the Philippines as a community-based health worker. She has also worked for the defence of community rights of the indigenous Lumad and is a former National Council member of Karapatan.

In February 18, 2022, officials of the Philippine National Police (PNP) and the Philippine Army (PA) arbitrarily arrested Ms. Castro at her residence in San Juan City, Manila. The members of the PNP and PA presented an arrest warrant issued by the Regional Trial Court Branch 7 of Bayugan City, Agusan del Sur, in January 2020, on charges of “kidnapping” and “serious illegal detention” (Criminal Case No. 6527), filed by public prosecutor Genesis Efren in March 2019. Ms. Castro, together with 540 other individuals, is being accused of kidnapping and detaining an unknown individual in Barangay Kolambungan, Sibagat, Agusan del Sur Province, on December 29, 2018.

Following her arrest, Ms. Castro was taken to the San Juan City Police Station and then moved to the Quirino Memorial Medical Center in Quezon City to undergo medical examination. She was subsequently brought to the PNP’s headquarters in Camp Crame. However, neither her family members nor legal counsels were allowed to have contact with her, and their requests to bring her medicine for hypertension and diabetes were dismissed.

On the same day in the afternoon, Ms. Castro was flown to the island of Mindanao without her family or legal representatives being informed. On February 19, 2022, the authorities held Ms. Castro incommunicado. Only after multiple calls from her family and legal representatives, the PNP disclosed that Ms. Castro was being held at the Bayugan City Police Station in Agusan del Sur Province.

On the afternoon of February 20, 2022, Ms. Castro’s family and legal counsel were able to visit her and bring her medicines. On February 22, 2022, the Regional Trial Court Branch 7 of Bayugan City ordered her transfer to the Agusan del Sur Provincial Jail, where she was still being detained pending trial at the time of publication of this Urgent Appeal.

Ms. Castro’s lawyers filed a petition for bail and a motion to dismiss the charges against her. Both requests were pending before the court at the time of publication of this Urgent Appeal.

The Observatory for the Protection of Human Rights Defenders notes that since November of 2020, Ms. Castro has been a victim of red-tagging. Her name and picture have been circulated on social media platforms in Lianga, Surigao del Sur Province, falsely accusing her of being a “communist”, a “terrorist”, and a member of the New People’s Army (NPA).

Human rights defenders in the Philippines have been subjected to trumped-up charges and lengthy pre-trial arbitrary detention. Karapatan members have been subject to frequent harassment, criminalisation, and attacks, including the killing of Ms. Zara Alvarez and the arbitrary detention of Teresita Naul, Alexander Philip Abinguna, Nimfa Lanzas, and Renayn Tejero. Ms. Naul was released on October 28, 2021, after 18 months of arbitrary detention. Mr. Abinguna and Mses. Lanzas and Tejero remain detained. See also: https://humanrightsdefenders.blog/2021/05/27/william-zabel-human-rights-award-2021-to-philippines-ngo-karapatan/

https://www.fidh.org/en/issues/human-rights-defenders/philippines-arbitrary-detention-of-rights-defender-and-health