Panelists discussing the need for stronger protection for human rights defenders in exile. Warsaw, 16 October 2025 (OSCE/Piotr Dziubak) Photo details
As civil society space shrinks and attacks against activists increase in many places, a growing number of human rights defenders are being forced into exile as they seek a safe environment to continue their work freely and securely. This was the focus of an event organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), Araminta, and the World Organisation Against Torture at the Warsaw Human Dimension Conference on 16 October 2025.
“Human rights defenders face inherent risks in their work, and relocating does not address all their needs. Adopting robust safeguarding mechanisms is essential to ensure minimum standards for mobility and a safe environment for defenders in exile,“ said Jennifer Gaspar, Araminta Managing Director.
While defenders in exile play a crucial role in promoting human rights, they face serious challenges, from urgent personal and legal issues to long-term barriers such as legal insecurity, restricted mobility and limited opportunities to continue their work. Participants discussed the need to establish minimum standards to protect human rights defenders in exile in the OSCE region, as well as EU legislation to ensure stronger legal and practical safeguards for them, participants discussed.
The discussion drew on both institutional perspectives and the lived experiences of exiled defenders, highlighting the need for coordinated action and policy tools to address these gaps. Participants emphasized that ensuring human rights defenders can continue their work in safety is vital to protect human rights and promote democratic values across the OSCE region and beyond.
On 12 September, 2025 the seven rights groups described Khalid’s prolonged imprisonment as a “violation of his rights” and an instance of “selective persecution”, asserting that he was arrested on “politically motivated and spurious charges” on 13 September 2020.
Alongside Amnesty International, the signatories include: CIVICUS, FORUM-ASIA, Front Line Defenders. International Commission of Jurists, International Federation for Human Rights (FIDH) and World Organisation Against Torture (OMCT).
The statement expressed deep concern over the invocation of the anti-terror law UAPA (Unlawful Activities Prevention Act) and the repeated denial of bail to Khalid.
“These repeated bail denials combined with persistent delays, and the continued absence of trial proceedings, amount to a violation of his right to a fair trial, including speedy trial, guaranteed under the International Covenant on Civil and Political Rights (ICCPR), to which India is a state party, as well as under the Constitution of India,” the statement read.
The groups further highlighted the unequal application of bail standards, particularly in cases related to the 2020 Delhi riots and anti-CAA protests, saying:
“We are further concerned about the discriminatory application of bail standards in cases arising from the violence surrounding the CAA protests and more broadly in cases involving the UAPA. While similarly situated accused have been granted bail, Khalid continues to be denied relief. Such unequal treatment violates the principle of equality before the law and sets a deeply troubling precedent.”
The rights organizations also drew attention to the role of the Delhi Police and political leaders during the 2020 Delhi riots, where Khalid and other Muslim activists were implicated.
“Independent investigations, including by Amnesty International India, Human Rights Watch and Delhi Minorities Commission, have documented the role of the Delhi Police in human rights violations during the CAA protests and the ensuing violence,” the statement said. “Police officers were recorded engaging in beatings, torture and other ill-treatment, and arbitrary arrests, and in some cases standing by as mobs attacked protesters.”
The statement noted that Indian courts have repeatedly criticized the police investigations, describing them as: “Very poor,” “callous,” and “fraught with multiple flaws,” with documented instances of fabricated cases and manipulated records.
It further condemned the role of senior political leaders, who were seen delivering inflammatory hate speeches, branding protesters as “traitors” or “anti-nationals”, and openly inciting violence.
“Despite the existence of video and documentary evidence, no meaningful accountability measures have been taken against implicated political figures or police officials,” the statement added.
The rights groups emphasized that Khalid’s prolonged detention is not an isolated incident, but part of a larger pattern of repression against those exercising their constitutional rights to freedom of expression and association.
“Other students and human rights activists, including Gulfisha Fatima, Sharjeel Imam, Khalid Saifi, Shifa-ur-Rehman and Meeran Haider, also remain in detention for their peaceful opposition to the CAA, while police officials and political leaders responsible for incitement or complicity in violence continue to enjoy impunity,” the groups noted. “This selective prosecution erodes public trust in the justice system, entrenches impunity for state actors, and criminalises free expression.”
The seven international organizations demand:
The immediate and unconditional release of Umar Khalid
The equal application of bail standards
An end to the discriminatory treatment of human rights defenders
Accountability for police officers and political leaders implicated in incitement and violence
Human Rights activist Henry Tiphagne at the press meetInstagram/peopleswatch
On 25 June 2025 Azeefa Fathima wrote how – at the release of the Global Index on Torture in Geneva, human rights defender Henri Tiphagne of India’s People’s Watch slammed India for failing to ratify the UN Convention Against Torture and for allowing systemic impunity in custodial deaths.
India’s human rights record on custodial torture came under sharp international criticism at the launch of the Global Index on Torture in Geneva on Tuesday, June 25, with prominent rights advocate Henri Tiphagne accusing the country of “zero accountability” in cases of police brutality and deaths in custody.
Drawing attention to the fifth anniversary of the custodial deaths of Jeyaraj and Benix in Tamil Nadu, Henri said, “The father and son were tortured and died in judicial custody. They were produced before a judicial magistrate after medical examination, having already changed clothes three times due to bleeding. The trial has gone on for five years, across 262 hearings, and is still ongoing, while the family continues to face reprisals.”
Henri, who is the Executive Director of People’s Watch, criticised India for being among eight countries listed in the Global Index for ongoing torture and reprisals against victims and human rights defenders. “We are yet to ratify the Convention Against Torture, despite over 41 countries having recommended it. The National Human Rights Commission (NHRC) has existed for 32 years and has not prosecuted even one police officer responsible for extrajudicial killings or torture,” he said…
He said that India must “bow down in shame” for its continued failure to ratify the UN convention and for its “zero accountability” in cases of custodial torture and deaths.
The National Human Rights Commission (NHRC), established 32 years ago, has never successfully prosecuted a single police officer involved in torture or extrajudicial killings, Henri noted, and said, “We are the only country with so many human rights institutions, and yet they are not functioning. The NHRC has even been downgraded in Geneva, and this speaks volumes”.
The Global Torture Index, a pioneering initiative by OMCT and partners, is poised to revolutionize the global fight against torture. It will be launched on 25 June, during the Global Week Against Torture, organized by OMCT and its partners in collaboration with #UnitedAgainstTorture – an EU-funded consortium of six leading anti-torture organizations.
Despite 175 countries ratifying the UN Convention Against Torture, this grave violation of human rights persists in prisons, public assemblies, armed conflicts, and daily police interventions. Torture remains shrouded in secrecy, making it difficult to detect and eradicate.
The Global Torture Index is an innovative tool, developed in collaboration with over 200 local civil society organizations that form the SOS-Torture Network, human rights defenders, and consulted with international experts, provides robust, data-driven insights and trend analysis into the risk of torture and ill-treatment across countries. The Global Torture Index map will serve as a critical resource for policymakers, governments, media, and activists, offering actionable recommendations, measuring progress and regression on human rights compliance, identifying good practices and fostering global awareness.
Follow us on social media to learn how you can take part in the launch of the Global Torture Index and discover how this powerful tool will empower the global anti-torture movement, bring torture out of the shadows, and drive meaningful change.
On 10 April 2025 Civil Rights Defenders, along with seven other international human rights organizations, commend the commitments made at the EU-Central Asia Summit in Samarkand. We urge Central Asian leaders to prioritize human rights and uphold the civil and political freedoms enshrined in their national constitutions and international treaties. The commitments to peace, security, democracy, and the elevation of relations to a strategic partnership must be matched by concrete actions to protect human rights.
On Friday, April 4, the Uzbek city of Samarkand hosted the first ever EU – Central Asia Summit where high-level officials – all five regional presidents and European Council President António Costa and European Commission President Ursula von der Leyen – discussed economic cooperation and agreed to bring their existing partnership to a new strategic level. At the end of the summit, participants issued a joint declaration that, among others, stated their commitment to freedom of expression and association, creating an enabling environment for civil society and independent media, protection of human rights defenders, as well as to respecting the rights of women and children. According to an official press release, the European Commission promised to invest €12 billion in the region to strengthen transport links and deepen cooperation on critical raw materials, digital connectivity, water, and energy.
Paragraph 3 of the joint declaration says: “We are committed to cooperate for peace, security, and democracy, to fully respect international law, including the UN Charter and the fundamental principles of respect for the independence, sovereignty and territorial integrity of all States, within their internationally recognised borders. We emphasised the importance of achieving as soon as possible, a comprehensive, just, and lasting peace in Ukraine in accordance with the principles of the Charter of the United Nations. We emphasized the need to uphold the principles of the OSCE by the participating States. We reconfirmed the obligation of all States to refrain in their international relations from the threat or use of force, to respect international humanitarian law and underlined the need for peaceful resolution of conflicts.”
In paragraph 16, the “EU and Central Asian leaders reiterated that the promotion and protection of rule of law, human rights and fundamental freedoms is a common fundamental value. Ensuring freedom of expression and association, an enabling environment for civil society and independent media, protection of human rights defenders as well as the respect for the rights of women, the rights of the child, and labor rights remain at the core of EU–Central Asia relations. The EU reiterated its readiness to support efforts in this regard at regional as well as at national level.”
Furthermore, in paragraph 15 the “Participants affirmed the need for their continued commitment to enhanced cooperation and the development of new approaches in the joint fight against organised crime, violent extremism, radicalisation, terrorism, drug trafficking, trafficking in human beings, migrant smuggling, cyber threats, including cybercrime and disinformationas well as addressing Chemical, Biological, Radiological and Nuclear risks whilst safeguarding human rights and media freedom [emphasis added].”
Civil Rights Defenders, International Partnership for Human Rights (IPHR), Araminta, Freedom Now, Norwegian Helsinki Committee, People in Need, International Federation for Human Rights (FIDH), and the World Organisation Against Torture (OMCT) welcome these declared commitments and urge the leaders of each Central Asian nation to take immediate steps to fulfill their promises. They should start by releasing from prison all journalists, bloggers, lawyers, human rights defenders, civil society activists, and political opponents who have been prosecuted and convicted on retaliatory and unsubstantiated charges. They should also repeal legislation containing provisions that directly contradict their declared commitment to human rights standards.
The Central Asian governments should also end–and establish safeguards to prevent–the misuse of anti-extremism and anti-disinformation policies and security tools to restrict, persecute, and/or criminalize legitimate civil society activity. While enhanced cooperation in the joint fight against organized crime, violent extremism and terrorism, and disinformation are a welcome development, these types of laws and cooperation initiatives have been instrumentalized by the Central Asian governments against legitimate civil society actors, media and political opposition activists, including for imprisonment on lengthy sentences and transnational repression extending to the territory of the European Union.
In particular:
In Kazakhstan, President Kassym-Jomart Tokayev should order the release from custody of activist Aigerim Tleuzhanova, political opposition party leader Marat Zhylanbayev, satirist blogger Temirlan Ensebek, and labor rights activist Erzhan Elshibayev among others prosecuted on politically motivated charges, We believe that these individuals were targeted in direct retaliation for exercising their civil and political rights, and authorities have failed to provide any credible evidence to support the allegations levelled against them. Kazakh authorities should repeal or thoroughly revise broadly worded criminal code provisions penalising the involvement in ‘’extremist’’ activities, ‘’incitement’’ to discord and the spread of ‘’false’’ information, which are frequently misused to target critics, including in some of the cases mentioned above. Kazakh authorities should also drop their declared plans to adopt a so-called “foreign agents’” law, cease the public attacks on the LGBTIQ community, and end reprisals against NGOs-recipients of foreign grants.
In Kyrgyzstan, it is welcome that President Sadyr Japarov pardoned Temirov Live associated journalist Azamat Ishenbekov this week, although he should not have been imprisoned in the first place. Authorities should also quash the charges against his colleagues convicted on similar charges, releasing Makhabat Tajibek Kyzy and lifting the probational sentences imposed on Aike Beishekeyeva and Aktilek Kaparov. We believe all four journalists were targeted in retaliation for their critical opinions and independent journalism. Authorities should also release independent journalist Kanyshay Mamyrkulova and drop the criminal charges initiated against her and others in apparent retaliation for social media posts critical of the government. In addition, they should reverse the court ruling that ordered the liquidation of independent news organization Kloop Media and stop pressuring other independent media. They should repeal the law on so-called “foreign representatives” and revoke vaguely worded provisions that prohibit the dissemination of “false’’, defamatory or insulting information, as well as content that ‘’promotes non-traditional sexual relations’’. This legislation severely violates the fundamental freedoms of expression, association, and assembly.
In Tajikistan, President Emomali Rakhmon should take immediate steps to release from prison the eight independent journalists Rukhshona Hakimova, Abdusattor Pirmuhammadzoda, Ahmad Ibrohim, Abdullo Ghurbati, Daler Imomali, Khurshed Fozilov, Khushom Gulyam, and Zavqibek Saidamini. Human rights activists and lawyers Ulfatkhonim Mamadshoeva, Buzurgmehr Yorov, Manuchehr Kholiknazarov, and Faromuz Irgashov should also be freed without delay. By imprisoning these individuals the Tajik authorities have cemented a climate of fear among civil society actors – a record that must be reversed. Tajik authorities should also cease its continued crackdown in the Gorno-Badakshan Autonomous Region and its systematic use of transnational repression to target government opponents abroad, including in EU countries. Several individuals who were forcibly returned to Tajikistan in 2024 were tortured, arrested and handed lengthy prison sentences after closed trials.
In Turkmenistan, President Serdar Berdimuhamedov should take concrete steps to rectify his government’s extremely poor human rights record, free political prisoners, and allow space for an independent civil society to develop. The government should publicly declare tolerance towards criticism in the media and end wide ranging internet censorship. Authorities should immediately end attacks and harassment of critics of the regime both inside the country and abroad, including veteran human rights defender and journalist Soltan Achilova, who has repeatedly been barred from leaving the country. They should also decriminalize homosexuality while adopting legislation to criminalize domestic violence.
We urge the leaders of each Central Asian nation to demonstrate that they have the political will to deliver on their declared commitments made at the Samarkand summit and to respect human rights and civil and political freedoms protected by their national constitutions and international treaties ratified by them. We call on the EU to ensure that the commitments expressed in the joint declaration are followed through and that Central Asian governments are held accountable for violations of their human rights obligations under EU cooperation instruments, including bilateral partnership and cooperation agreements and preferential trade schemes. In line with the EU’s value-based partnership with the Central Asian countries, advancing connectivity, trade, and investment should go hand in hand with efforts to promote concrete progress in human rights and rule of law in these countries. The steps listed above are merely a suggested choice of actions that we urge the Central Asia governments to implement without delay. Much more needs to be done for addressing past and ongoing abuses that respect and protect citizens’ rights and freedoms.
On 23 April, 2025 OMCT made public this interview with Armel Niyongere, exiled Burundian lawyer and Secretary General of SOS-Torture Burundi, a member of the World Organization Against Torture (OMCT) SOS-Torture network. He continues to denounce human rights violations in his home country. Despite 10 years of threats and intimidation from the authorities, Mr. Niyongere continues his fight to promote and protect human rights. In this interview he talks about the difficulties of exile, the challenges facing those who defend human rights, and the role of the international community.
Born in Damascus, Syria, Lina is a filmmaker, journalist, and human rights defender, who in 2011 decided to pick up her camera and start filming, without a plan, but with the knowledge that she has a story to tell. What ensued are five years of conflict, arbitrary arrests, as well as torture and ill-treatment in detention, but also of hope that things would get better, despite a veto. Five Seasons of Revolution was recently screened at the International Film Festival and Forum on Human Rights in Geneva, in an event co-hosted by OMCT, partner of the festival. In this interview, Lina tells us more about her process and the challenges she encountered in the making of the film, as well as her hopes for the future of Syria.
What made you decide to start filming?
We started shooting in the summer of 2011, and a lot was already happening in Syria, but it was not clear how things were going to go. I was optimistic, thinking it would be over in six months, maybe a year, with a release within two years. It took 12 years.
It took more than five years of filming, and then many more to edit, because the country hadn’t stabilised, and the characters’ decision to participate in the film shifted with every new development, for their own safety. We had to go back, take characters out, then put them back in, and make amendments to the storyline. But it wasn’t all negative. During this time, deepfake technology improved and gave us a solution for the anonymity issue of some of the characters who chose to stay in Syria in a way that is safe and does not interfere with the visual narrative.
What was the most challenging part about the filming process?
Not knowing where it’s heading. As a filmmaker, you have, even in documentaries, a rough script, or an idea of where you are heading, but we couldn’t. It was like surfing, we just had to keep up with weird twists and turns. At some point, there were so many arrests in the group that I was filming, the characters just kept going in and out of jail, and at any given moment, we would lose one of them. I was arrested several times and the rest of the film crew had to come up with plan Bs for ‘what if we lose the director, who also happens to be the camera person and the sole contact to all the other characters, how do we finish the film?’ There was even one editing session that was held in my absence because I was detained, and they didn’t know when I would be released. It was really challenging.
What was the most challenging part about having to change your identity several times throughout filming?
It was very confusing, but it was also very necessary. In order to make it work, you have to internalise it to a certain extent, which was challenging. This confuses your relationships with the people you’re working with, with the people you’re socialising with, with the people that trust you, despite only knowing your fake name. Very strong bonds are formed under extremely difficult conditions and something always felt wrong about not being able to be fully honest with people. it also created these compartments of who I am because different parts of me had different names in different places… and they didn’t always get along. Walking out of it was also a challenge. Normalising being one person and only using one name, only answering to one name. It was quite a journey.
Towards the end of the documentary, you talk about your experience with your arrest. Did what you experienced in custody change your approach to the film, or your activism?
I did not encounter anything during my arrest that I did not previously know exists and happens. What was detrimental was the repetition of detentions because you know you might get away with it once, maybe twice, if you’re lucky three times. But when I was released for the third time, I realised I did not know anybody that survived a fourth arrest. I felt like a cat with seven lives and I was really running out of them. I think this affected not only my decision-making in the film, but decision-making in my life in general, which obviously had consequences.
What are three things you hope people remember after watching your film?
Number one is that simplistic reductionist scenarios of war into black and white, good and bad are never true. Number two is that nobody has a blueprint for what to do in these cases. People improvise, people try to find solutions on the spot under pressure, and these are not always ideal. But also, people can be much braver than they think, because at the end of the day we are survivors, all of us, and there is a lot more to us than we sometimes give ourselves credit for. And number three, friendship is really important.
You are a filmmaker, but also a human rights defender. What are your hopes now for Syria and its people?
I hope people will be able to recover. I hope people will be given a break, given a chance to process everything they went through, given a bit of time to find a way out of this gigantic mess. It will take generations to rebuild the country. I understand that people have endured so much for so long that they cannot take one more day of it, so there is understandably also a lot of emotions. I just hope that we have the ability to open our hearts a bit more, understand each other a bit more and that people will in return give us the chance to process everything….
In this interview, OMCT Secretary General Gerald Staberock shares his vision for 2025 and key priorities in the fight against torture. From the launch of the Global Torture Index to the SOS Defenders platform, he highlights the initiatives that will shape the movement and strengthen global human rights efforts, including the Global Week on Torture—an event not to be missed.
His message for 2025 is clear: “resilience and unity, not despair.”
What is your vision for 2025, and what priorities should we focus on to maximize our impact on human rights?
In my vision, 2025 is the year in which we rise to the challenge and stand up in the anti-torture movement and uphold the absolute prohibition of torture. Today, in an increasingly dangerous world where states are turning away from human rights, fostering division and weakening protections, and some questioning universal norms altogether, the message must be resilience and unity, not despair. It is essential to protect all victims of torture and to defend the universality of human rights, which is under threat.
I am convinced that our SOS Torture Network must serve as an anchor for human rights and universality. As a movement, we stand united—to protect those at risk, to support our fellow human rights defenders under threat, and to ensure that the absolute prohibition of torture remains intact.
What impact do you hope the launch of the Global Torture Index will have?
The Global Index on Torture is the new flagship program of OMCT, with its launch anticipated in June 2025. I think it is the tool we have been lacking for years, and a tool all actors working against torture can benefit from. It combines reliable data with often-overlooked narratives to make the hidden reality of torture visible. This index will allow us to measure its scope, its impact on society, and advocate for political and legal reforms. It will help identify risks and develop effective anti-torture strategies. This index is not only an OMCT tool but a collective resource to support the efforts of network members towards concrete reforms and the prevention of torture.
Why is the Global Week on Torture important and what can people expect?
Four years ago, we held the first ever Global Week Against Torture, and we saw the power and energy that such a week can create. Many of us, especially those of our members working in very complicated dire situation, often feel alone. It offers a unique opportunity to share experiences, best practices and to learn from each other and to stand in solidarity across countries and regions. The Global Week all makes us feel and understand that we are united in a struggle and reflect that the real force of the OMCT is in its SOS Torture Network.
How will the SOS Defenders platform and the SOS Database help serve human rights defenders?
One of the most important achievements in 2024 has been the launch of the SOS Defenders platform. The platform gives a face to more than 400 human rights defenders that are currently imprisoned because they stood up for human rights. We don’t forget them. We want to demonstrate to governments that the detention of these defenders is an attack on democracy and freedom, and we need to make states who support human rights understand that this is the moment to step up in their actions. OMCT, along with its SOS Torture Network must raise the alarm bells and act to protect from torture and ill-treatment in detention.
On 12 July 2024 OMCT welcomed the UN Working Group’s call to the government of Tajikistan to unconditionally release them and grant them the right to compensation and other reparations. All five are representatives of the Pamiri indigenous population in the Gorno-Badakhshan Autonomous Province. Their arrest, detention and conviction occurred amidst a human rights crisis in the Autonomous Province when, following the killing of a local Pamiri resident by police, mass protests erupted in November 2021 and were violently cracked down, leaving 40 people dead and hundreds detained.
Ms. Ulfatkhonim Mamadshoeva is a journalist, well-known human rights defender, and advocate for the rights of the Pamiri Indigenous population. She was arrested and detained on 18 May 2022 in Dushanbe and sentenced to 20 years imprisonment in December 2022.
Faromuz Irgashov, Khursandsho Mamadshoev and Manuchehr Kholiqnazarov are human rights lawyers and belong to the Pamiri Lawyers’ Association, the Director of which is Mr. Kholiqnazarov. All three were members of Commission 44, presided by Mr. Irgashov. This commission had been formed to investigate police brutality following the November 2021 protests. Still, after a further escalation in May 2022, its members were threatened, and several of them were detained and convicted on charges of terrorism or establishing or participating in a criminal association. They were arrested and imprisoned in Khorog on 28 May 2022 and sentenced in December 2022 to 29-, 18- and 16-years imprisonment.
Sorbon Yunoev is a Pamiri civic activist involved in community initiatives in support of the Pamiri indigenous population, who actively criticised the crackdown and police violence during the November 2021 protests. He was arrested on 13 June 2022 in Khorog, released, re-arrested, and detained on 17 June 2022. On 23 August 2022, he was sentenced to 10 years’ imprisonment.
The World Organisation Against Torture (OMCT) submitted communications on these cases to the WGAD on 10 October 2023 and requested the Working Group to declare their detention as arbitrary and to call for their immediate release.
In its Opinions, the WGAD endorsed the arguments submitted by the OMCT and concluded that the detention of all five human rights defenders meets the definition of arbitrary deprivation of liberty on four separate counts. It noted also that the government failed to provide evidence that the accusations and charges brought had a factual basis.
The WGAD concluded that the arrest and detention of Mr Irgashov, Mr Mamadshoev and Mr Kholiknazarov were related to their legitimate advocacy for the investigation into police violence against the Pamiri Indigenous population and for having criticised law enforcement authorities for failing to effectively investigate police violence, as part of their work for Commission 44. Likewise, the Working Group concluded that the basis for the arrest and conviction of Ms. Mamadshoeva and Mr. Yunoev was their exercise of freedom of expression and freedom of assembly.
The Working Group considers that these convictions should be assessed against the backdrop of the current human rights and media freedom situation in Tajikistan – “a picture suggesting that these charges are trumped up and retaliatory in nature, aimed at silencing dissent and quashing human rights advocacy”, in particular in the context of the Gorno-Badakhshan Autonomous Province, and the broader context as reported among other things by the Special Rapporteur on the situation of human rights defenders, which indicates a pattern of repression in Tajikistan, where the crackdown on peaceful protests, independent media and human rights defenders has intensified
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.
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.
Hans Thoolen on Human Rights Defenders and their awards 