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

Draft laws on civil society restrictions also pending in Kyrgyzstan and Cambodia

May 21, 2015

Human rights defenders find it difficult to function with a fair and functioning legal regime for the creation and administration of associations (NGOs). In my post of yesterday on Russia I drew attention to the draft law declaring some NGOs ‘undesirable”. Today Human Rights Watch (HRW) called on Kyrgyz lawmakers in the coming days not to follow Russia’s bad example of passing a Foreign Agents law [see also my earlier: https://thoolen.wordpress.com/2013/09/13/kyrgyzstan-follows-bad-example-set-by-russia-foreign-agents/].

And also today Front Line and the Observatory for the Protection of Human Rights Defenders (a joint OMCT-FIDH programme) ask the Cambodian Government to withdraw its draft law on civil society which would create many uncertainties and restrictions. The NGOs trace the lack of consultation in the process of law- making (since 2010) and conclude that the draft law as it stands will be used arbitrarily to restrict the legitimate work of human rights organisations.

The text of the Open Letter by the Observatory can be viewed at:  Open Letter – Cambodia : Draft law on civil society.

https://thoolen.wordpress.com/2015/05/21/russia-human-rights-ngos-likely-to-become-officially-undesirable/

Russia: human rights NGOs likely to become officially “undesirable”

May 21, 2015

Frontline NEWlogo-2 full version - cropped

reports that on 20 May 2015, the Upper House of Russia’s Parliament has approved the draft Federal Law No. 662902-6, otherwise known as the draft law on “undesirable organisations”.  The draft law was already approved by Russia’s State Duma (lower house) [see post: https://thoolen.wordpress.com/2015/01/19/russia-the-next-step-in-curtailing-human-rights-defenders/] and now awaits signature into law by the President. Read the rest of this entry »

Nargess Mohammadi arrested in Iran

May 6, 2015

Just when one thinks that Iran is going to change for the better, human rights defender Ms. Nargess Mohammadi is arrested (after years of continuous judicial harassment, including repeated summoning, interrogations and trials.)

Several NGOs, including the Observatory for the Protection of Human Rights Defenders (FIDH/OMCT) have strongly condemned the 5 May arrest of Nargess Mohammadi, who is the spokesperson and Vice-President of the Defenders of Human Rights Centre (DHRC). Upon her arrest, the agents claimed that she was being taken “to serve her prison sentence”. [Mrs Mohammadi started to serve a 6-year prison sentence on 21 April 2012, but that she was released on bail on 31 July 2012 for medical reasons.]

On May 3, 2015, Ms. Mohammadi attended the first hearing of her trial based on three main charges against her:

  • “assembly and collusion against the national security” based on her activities in the DHRC and cooperation with “the [Nobel Laureate] Shirin Ebadi, counter-revolutionary and feminist groups”;
  • “spreading propaganda against the State” based on her “interviews with foreign and counter-revolutionary media participation in illegal gatherings, supporting sedition and anti-security inmates”; and
  • “membership of the illegal and anti-security LEGAM group”.

Following a meeting in 2014 with the then High Representative of the European Union for Foreign Affairs & Security Policy, Ms. Catherine Ashton, the Iranian authorities banned Ms. Mohammadi from travelling abroad; she has received 10 summons and has been detained twice by the security agents.

The Observatory strongly condemns arbitrary arrest of Ms. (…).

Bahrain Chamber of Commerce assesses press freedom….

May 4, 2015

The 2015 Press Kowtow award should probably go to the Bahrain Chamber of Commerce and Industry (BCCI) which – as reported by the equally sharp Bahrain News Agency (BNA) on 3 May 2015 – saluted the national press strides over the past years“. It issued this statement as Bahrain joined other nations in marking the World Press Freedom Day, being held this year under the theme “Let Journalism Thrive! Towards Better Reporting, Gender Equality, and Media Safety in the Digital Age”. It lauded His Royal Highness Prime Minister Prince Khalifa bin Salman Al-Khalifa and His Royal Highness Prince Salman bin Hamad Al-Khalifa, Crown Prince, Deputy Supreme Commander and First Deputy Premier for their support…..

As Brian Dooley of Human Rights First rightly points out today on Twitter (https://twitter.com/dooley_dooley): Bahrain scored 163rd [!!] place in the Index on Censorship survey, Read the rest of this entry »

Azerbaijan continues to ‘play the game’

April 28, 2015

Azerbaijan plays the game: Under pressure from a variety of sources to reduce its widespread repression of human rights defenders in the run up to the European Games [see my latest post: https://thoolen.wordpress.com/2015/04/21/azerbaijan-a-formula-for-combining-sports-and-repression/], the authorities seems to have decided to give in a tiny bit (see two examples below) and continue for the rest with heavy-handed sentencing of human rights defenders:

– On 18 March 2015, Azerbaijan President Ilham Aliyev pardoned 101 prisoners, including Bashir Suleymanli, co-founder of the Election Monitoring and Democracy Studies Centre (EMDSC). Whilst welcoming Suleymanli’s release, on 19 March, the Observatory for the Protection of Human Rights Defenders (FIDH-OMCT) remains deeply concerned by the ongoing arbitrary detention of other prominent human rights defenders in Azerbaijan, including Anar Mammadli, chairman of the EMDSC, arrested on the same day, who remains currently detained. The EMDSC – which Azeri authorities have always refused to register – has been leading electoral monitoring activities in Azerbaijan since 2008.

–  On 24 April 2015, the head of the United Nation’s Subcommittee on Prevention of Torture (SPT), Aisha Shujune Muhammad, announced that her four-member delegation had successfully conducted investigations of Azerbaijani prisons, police stations and investigative isolation units. “The Azerbaijani Government this time enabled unhindered access to places of deprivation of liberty,” said a statement published by the Office of the U.N. High Commissioner for Human Rights. While welcoming the government’s cooperation, Muhammad added, “[The] State party has yet to guarantee all fundamental legal and procedural safeguards to persons deprived of their liberty, including access to a lawyer, a medical doctor, and to contact his or her family.” [As a state party to the Optional Protocol to the Convention Against Torture, Azerbaijan is obliged to allow independent experts full access to sites of detention, but last September the SPT was forced to suspend its visit after being prevented from inspecting some sites and barred from completing its work at others, “in violation of Azerbaijan’s treaty obligations”]

But then – if you think it finally goes in the right direction – on the 22 April a Court in Baku sentenced human rights defender Mr Intigam Aliyev to seven and a half years imprisonment on trumped-up charges. For more on Intigam Aliyev see: https://thoolen.wordpress.com/tag/intigam-aliyev/]. Many NGOs and governments condemned the sentencing including the EU (“The sentence of seven and a half years imprisonment and a further three-year ban on holding public office handed down to prominent human rights lawyer Intigam Aliyev by an Azerbaijani Court is a further demonstration of the increasingly difficult  situation faced by human rights defenders in Azerbaijan. This harsh sentence is disproportionate to the alleged offences, while serious shortcomings witnessed by international monitors during the trial raise fundamental questions as to the legality of these procedures.“)

Several important NGOs, including Amnesty International,Human Rights Watch, the Observatory on Human Rights Defenders (FIDH/OMCT) and Front Line Defenders, have pointed out that serious rights allegations have been escalating since 2012 as Azerbaijan is gearing up to host the first-ever European Games under the auspices of the Olympic Movement. [Over 6,000 athletes representing 50 countries from 12-28 June 2015; according to the London-based Business News Europe, the games are budgeted at an estimated eight billion dollars, and billed as the “most spectacular show in Azerbaijan’s history.”]

While the government of President Ilham Aliyev hopes to use the games to spotlight his country’s economic development, rights groups are pushing the European Olympic Committees and key National Olympic Committees to instead shift the focus onto human rights abuses and political prisoners. The Sports and Rights Alliance, urged the IOC to use its leverage with Azerbaijan to, among other things, demand the immediate and unconditional release of rights activists like Khajida Ismayilova, Leyla Yunus, Arif Yunus, Intigam Aliyev, Rasul Jafarov, Rauf Mirgadirov, Anar Mammadli, Ilgar Mammadov, and Tofig Yagulblu.

Those participating in the European games being funded by the Azerbaijani government have a real obligation to speak out,” Buchanan of Human Rights Watch stressed.

Azerbaijan activist released after almost 10 months’ arbitrary detention – ALIRAN.

http://www.ipsnews.net/2015/04/u-n-committee-gets-unhindered-access-to-azerbaijans-detention-centres-but-is-it-enough/

https://iwpr.net/global-voices/azerbaijan-convictions-dont-convince

http://www.channel4.com/news/baku-european-games-azerbaijan-aliyev-human-rights-team-gb

Russia: The Supreme Court rejects a lawsuit filed against “Memorial”

February 9, 2015

On  6 February 2015, the Observatory for the Protection of Human Rights Defenders, an OMCT-FIDH joint programme, welcomed the decision of 28 January of the Russian Supreme Court to reject the complaint filed by the Ministry of Justice against the Society “Memorial”.

[Since its foundation in the final years of the Soviet Union, the network “Memorial”, consisting in a number of independent NGOs under the same society, is known for exposing Soviet-era repression, commemorating victims of violations and monitoring the current human rights situation in the Russian Federation and other post-Soviet countries.]

The complaint filed by the Justice Ministry, was a clear attempt to harass and discredit the Society “Memorial”, undermine its tremendous human rights work and expeditiously lead to its closure. It followed years of harassment, in the form of defamation through slandering media campaigns and acts of vandalism targeting the group’s headquarters in Moscow.Russian civil society organisations are facing a deep and systematic clampdownsaid OMCT Secretary General Gerald Staberock.OMCT-LOGO

[Human Rights Center “Memorial” is currently fighting a separate battle against an official move to label it a “foreign agent” under the controversial law targeting NGOs that receive foreign funding. Moreover, under a newly proposed piece of legislation, currently debated in the State Duma of the Russian Federation, foreign organisations would face being labelled as “undesirable” and closure and local NGOs engaged in cooperation with such bodies would face criminal charges.]

While the decision of the Supreme Court dismissing the complaint against the Society “Memorial” should be welcomed, we remain deeply concerned by the constant threats to human rights defenders in the Russian Federation in the context of an ever increasing repressive legal framework and frequent attacks targeting human rights defenders”, said FIDH President Karim Lahidji.

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The Observatory recalls in this context the recent brutal attack on lawyer Mourad Magomedov, who works with the Human Rights Centre Memorial in Daghestan, by five unknown men in Makhachkala, Dagestan.

Russian Federation: The Supreme Court rejects the lawsuit filed against the renowned Historical, Educational, Human Rights and Charitable Society “Memorial” (Society “Memorial”) / February 6, 2015 / Statements / Human rights defenders / OMCT.

Russia: the next step in curtailing human rights defenders

January 19, 2015

The next ‘logical’ step by Russia in curtailing the work of human rights defenders is in the making: on 20 January the Russian Parliament (Duma) will debate a bill to declare certain foreign and international organisations as ‘unwanted’ and to fine anyone working with such entities. OMCT-LOGOThe Observatory, a joint programme of FIDH and OMCT, issued a statement today calling on the Duma to drop this bill. logo FIDH_seul

If adopted, the law will complement an already very restrictive legislative arsenal used to silence all forms of criticism against the regime in contradiction with international human rights instruments ratified by Russia and will allow authorities to ban legitimate human rights activities, though they are protected under international law. On January 14, the State Duma Committee on Constitutional Legislation recommended that the lower house pass a bill to ban “undesirable foreign organisations” in Russia and ban cooperation with them. The bill, presented initially by two members of Parliament, would allow the Prosecutor General’s Office, upon consultation with the Foreign Ministry and based on information provided by the interior and security agencies, to ban foreign and international organisations that “threaten the defence or security of the State” or “public order and health”.

Read the rest of this entry »

Turkey: after 16 years finally Justice for human rights defender Pınar Selek

December 20, 2014

Yesterday, 19 December 2014, the Istanbul High Criminal Court acquitted Ms. Pınar Selek, an academic known for her commitment towards the rights of the most vulnerable communities in Turkey. She was prosecuted for allegedly causing a bomb to explode in Istanbul’s Egyptian bazaar on July 9, 1998, and for membership in a terrorist organisation.

Previously, the Istanbul Special Heavy Penal Court No. 12 had acquitted her on three occasions: in 2006, 2008, and 2011. Notwithstanding, the Supreme Court quashed the first two acquittal decisions and requested the lower court to convict her. In, 2013, the Istanbul Special Heavy Criminal Court No. 12 deferred to the Supreme Court’s request and sentenced Ms. Pınar Selek to life imprisonment, while the case was still pending before the Supreme Court. On June 11, 2014, the Criminal Chamber No. 9 of the Supreme Court decided to overturn the conviction on procedural grounds[https://thoolen.wordpress.com/2014/07/09/pinar-selek-case-in-turkey-the-supreme-court-overturns-life-sentence-against-pinar-selek/]

Countless procedural irregularities have been observed during the trial. She should have never been prosecuted in the first place. This decision should now become final, recalled Martin Pradel, Lawyer at the Paris Bar, who has been observing the legal process for the Observatory since 2011.

The Observatory (a coöperation between FIDH and OMCT) has been particularly mobilised on this case, through the publication of nine urgent alerts, six trial observations and demarches towards the Turkish authorities and the international community at the highest level. For more information see Observatory mission report published in April 2014, available in English on the following web links: http://www.omct.org/files/2014/04/22642/turkey_mission_report_pinar_selek_2014.pdf

Turkey: Justice at last! Pınar Selek acquitted after 16 years of judicial harassment / December 19, 2014 / Statements / Human rights defenders / OMCT.

Amin Mekki Medani, President of the Sudan Human Rights Monitor, arrested

December 7, 2014

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OMCT-LOGO

 On the evening of 6 December, 2014, the Sudanese National Intelligence and Security Services (NISS) arrested Dr. Amin Mekki Medani, a renowned human rights activist, President of the Sudan Human Rights Monitor (SHRM) from his house in Khartoum. Dr Medani was arrested shortly after he returned from Addis Ababa. There are serious concerns for the safety of Dr. Medani who is 76 years of age and suffers from high blood pressure and diabetes. According to the information received, the NISS refused to allow him to take his medications with him when he was arrested.

The Observatory for the Protection of Human Rights Defenders strongly denounces the arbitrary arrest and detention of Dr. Medani and considers it as a reprisal to sanction his legitimate human rights activities. [On December 3, 2014 Dr. Medani signed the “Sudan Call”, on behalf of civil society organisations. The “Sudan Call” is a Declaration on the “Establishment of a State of Citizenship and Democracy”, under which co-signatories committed to work towards the end of the conflicts raging in different regions of Sudan and towards legal, institutional and economic reforms. The Declaration, which commits signatories to end wars and conflicts as a priority, was co-signed in Addis Ababa by representatives from political and armed opposition parties, including the National Umma Party, the National Consensus Forces and the Sudan Revolutionary Front. Dr. Medani co-signed the Sudan Call on behalf of the Civil Society Initiative.]

Sudan: Arrest of the President of the Sudan Human Rights (…).

2014 Annual Report Observatory: Land Rights defenders are the forgotten victims of unbridled development

December 2, 2014

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OMCT-LOGO

 

 

The Observatory for the Protection of Human Rights Defenders (joint programme of OMCT and FIDH) has, since 2013, launched more than 500 urgent interventions on more than 60 countries. Its 2014 Annual Report came out today in the context of the 3rd UN Forum on Business and Human Rights and focuses on “land rights defenders” who are increasingly the target of repressive measures. The pressure on land has become unbearable and mobilisation for the respect of the economic, social and cultural rights of affected communities has become a high risk activity.

Between 2011 and 2014, the Observatory documented 43 assassination cases targeting land rights defenders and the judicial harassment of 123 defenders, sometimes together with their arbitrary detention. These figures only reflect a small fraction of the real picture. All regions in the world are concerned, Asia and Latin America being the most affected. The Observatory found that authors of repression are often the police, the military, private security agents and “henchmen”. Their objective being to silence dissenting voices likely to slow down investment projects.
In addition to violence, numerous States also use judicial harassment and arbitrary detention to intimidate defenders. Thanks to laws that violate fundamental freedoms or in violation of their own laws, they jail any person deemed to be a nuisance. “Terrorism”, “misleading propaganda”, “infringement to State security”, “public unrest”, there are many abusive charges which can result in heavy prison terms.
Land rights defenders are often powerless when they face physical attacks and arbitrary arrests. According to the Observatory, 95% of violations against them remain unpunished today. Judicial bodies in countries where such violations occur are characterised by a lack of independence, resources and expertise. Regarding the possibility of prosecuting business corporations responsible for human rights violations, the legal battle – if any – is often lengthy, perilous, unequal and costly.
At the heart of the problem lies the issue of the participation of individuals and communities affected by the development policies and investment projects. The Observatory calls for meaningful consultations that ensure the direct participation of populations affected by the projects and the recognition of land rights defenders as the legitimate spokespersons in order to prevent conflicts and put an end to serious human rights violations. Furthermore, it is necessary to strengthen the capacity and independence of domestic judicial systems, including in States hosting the headquarters of business corporations, in order to allow defenders to access justice and seek redress in the event of human rights violations.
The Observatory also recommends to strengthen international law in order to trigger effectively the responsibility of business corporations when the latter commit human rights violations and to guarantee the adequate protection of land rights.
The full report under the title “We are not afraid”: https://wearenotafraid.org/en/