ISHR, the Martin Ennals Foundation and eight other major human rights groups urge in a joint statement the Chinese government to ensure lawyer Yu Wensheng is able to leave Nanjing Prison on March 1st, and freely reunite with his family in Beijing.
The signatory organisations also called in the joint statement for sustained attention on the growing risks and threats his wife, Xu Yan, faces for advocating for his rights and release.
For this, the authorities revoked his legal license on 16 January, 2018. Three days later, he was forcibly disappeared, a day after publishing an open letter calling for constitutional reform. He was put on trial in secret on 9 May 2019, but his wife, Xu Yan, was only informed of his four-years jail sentence in June 2020.
The signatories of the joint statement express grave concern that Yu Wensheng may be put under a de facto home arrest, severely restricted in his movements and communication, and unable to reunite with his family in Beijing.
Human rights lawyers have endured such restrictions upon leaving prison on grounds of a supplemental sentence of ‘deprivation of political rights’, in a phenomenon known as ‘non-release release’. In September 2019, UN experts condemned the use of this practice against lawyer Jiang Tianyong as ‘gratuitously punitive and legally unjustified’.
IThe signatory organisations urge the Chinese authorities to:
Ensure that Yu Wensheng is able to reunite with his family in Beijing on 1 March, to exercise his rights to move and communicate freely, and that he is not subjected to surveillance and harassment. He must also be able to resume his legal work without restrictions;
Put an end to the surveillance and harassment of Yu Wensheng’s family;
Guarantee in all circumstances that all lawyers in China, including human rights lawyers, are able to carry out their legitimate professional duties without fear of reprisals and free of restrictions.
On 14 February 2022 FIDH published a joint statement to support Sri Lankan human rights defender Ambika Satkunanathan:
We the undersigned human rights organizations, express our deep concern about the statement issued by the Sri Lankan Foreign Ministry on February 4, 2022, in which the government denounced testimony given by Ambika Satkunanathan, a leading human rights lawyer, to the European Parliament on January 27. The government statement clearly constitutes an act of harassment and intimidation. We condemn the Sri Lankan government’s tactics to intimidate human rights defenders, and express our full solidarity with Ms. Satkunanathan, a well-known, respected and courageous human rights defender. Targeting her for providing accurate testimony about the human rights situation in Sri Lanka to the European Parliament is completely unacceptable, and sends a chilling message to all Sri Lankan civil society, especially those in the north and east, who are already operating under considerable duress under the current administration.
Sri Lanka’s international partners, including the European Union, should publicly condemn the Sri Lankan government’s statement and express solidarity with Ms. Satkunanathan, who has been targeted for her international engagement, and increase their efforts to engage with Sri Lankan civil society at large.
The Foreign Ministry’s statement contains numerous false claims in an attempt to disparage and delegitimize a distinguished human rights advocate, placing her at risk of physical danger in retribution for her brave work. The government’s claim that her testimony was “reminiscent of LTTE [Liberation Tigers of Tamil Eelam] propaganda that once stoked hatred among communities,” and that “such allegations need to be refuted in the interest of social harmony” Is particularly insidious and dangerous.
The government’s statement mirrors its repeated practice of falsely equating human rights defenders and human rights advocacy with those pursuing “terrorism.” The statement’s language aligns these baseless allegations with vague and frequently abused provisions under the Prevention of Terrorism Act (PTA), exposing Ms. Satkunanathan to a heightened risk of threats, attacks and persecution.
Ms. Satkunanathan was a commissioner of the National Human Rights Commission of Sri Lanka before that body’s independence was compromised under the current administration and led the first national study on Sri Lanka’s prisons. Prior to that, she was for many years a legal consultant to the Office of the United Nations High Commissioner for Human Rights. She is the author of an important recent report on abuses committed during the so-called “war on drugs.”
We are concerned that the government’s statement seeks to place the blame on human rights defenders if the European Union determines that Sri Lanka failed to meet its human rights commitments under GSP+, the preferential tariff system. The European Union should remind the Sri Lankan government that the responsibility to uphold its international human rights obligations rests with the government. The government’s treatment of human rights defenders reflects its lack of respect for international human rights law.
We support Ms. Satkunanathan’s testimony to the European Parliament, which accurately described a situation already reported by the United Nations and many domestic and international human rights organizations. The government’s response contains numerous false statements, including:
The government claims to be “engaged in long standing cooperation with the UN human rights mechanisms and the UN Human Rights Council.” On the contrary, in February 2020, soon after taking office, the government of President Gotabaya Rajapaksa withdrew Sri Lankan support from consensus resolutions of the council, repudiating commitments made by the previous government. Special Procedures mandate holders of the Council issued a statement on February 5, 2021, noting that their recommendations, including on torture, the independence of the judiciary, arbitrary detention, enforced disappearances, minority rights, counterterrorism, freedom of religion or belief, and freedom of assembly and association, had been ignored.
The government claims to be “strengthen[ing] rule of law, access to justice and accountability.” However, President Rajapaksa campaigned on a platform of protecting “war heroes” from prosecution, and has appointed individuals implicated in war crimes to senior government posts. His presidential commission on “political victimization” has sought to interfere in judicial proceedings and block trials and investigations in human rights cases implicating the president’s associates and the president himself. The president pardoned Sunil Ratnayake, one of very few members of the armed forces ever convicted of human rights violations, who murdered eight Tamil civilians including children.
The government denies that civic space is shrinking, as Ms. Satkunanathan described in her testimony. Yet under the current government, many human rights defenders have said that they are subjected to continual government intimidation, intrusive surveillance, and attempts to block their access to funds. In her most recent update to the Human Rights Council, High Commissioner Michelle Bachelet wrote that, “surveillance, intimidation and judicial harassment of human rights defenders, journalists and families of the disappeared has not only continued, but has broadened to a wider spectrum of students, academics, medical professionals and religious leaders critical of government policies.” The UN Special Rapporteur on contemporary forms of slavery in his end-of-mission statement last December documented government intimidation of civil society and a “shrinking civic space.”
The government claims there is no “concrete evidence of discrimination against minorities.” In fact, for nearly a year the government banned the burial of people said to have died with Covid-19, causing immense distress to the Muslim community without any medical justification in what is only but one example of discrimination against ethnic and religious minorities. Such burials are now permitted only at a single remote site. In January 2021 High Commissioner Bachelet found that, “Tamil and Muslim minorities are being increasingly marginalized and excluded in statements about the national vision and Government policy… Sri Lanka’s Muslim community is increasingly scapegoated.” The High Commissioner’s findings are in line with reports by Amnesty International, Human Rights Watch, and others that the Prevention of Terrorism Act is used almost exclusively against members of the Tamil and Muslim communities. The government continues to deny efforts to commemorate war victims belonging to the Tamil community.
The government denies Ms. Satkunanathan’s description of alleged extrajudicial killings committed in the context of Sri Lanka’s “war on drugs.” However, these abuses are widely documented. In September, High Commissioner Bachelet said, “I am deeply concerned about further deaths in police custody, and in the context of police encounters with alleged drug criminal gangs, as well as continuing reports of torture and ill-treatment by law enforcement officials.”
The Sri Lankan government’s statement attacking Ambika Satkunanathan for her testimony to the European Parliament’s Sub-Committee on Human Rights exemplifies threats faced by human rights defenders, particularly when they engage with foreign and international forums, and it further shows the government’s refusal to address the ongoing serious human rights violations taking place in the country. Instead of trying to silence those who seek to defend human rights, the government should give serious consideration to their input and contributions, and take urgent action to ensure that they can work in a safe environment without fear of reprisals.
The Geneva Human Rights Film Festival of 2020 (FIFDH – The Festival) dedicates its 20th edition to human rights defenders Pham Doan Trang and Ida Leblanc
Journalist and blogger Pham Doan Trang has been in detention since October 2020 and was recently sentenced to 9 years in prison for “propaganda against the state”. The 43-year-old was accused by the Hanoi regime of “defaming the Vietnamese government and inventing fake news“. In one of the world’s most repressive countries towards civil society, where freedom of the press is non-existent, Pham Doan Trang – RSF 2019 Prize – has founded numerous independent media and publishing houses – including Nha Xuat Ban Tu Do or Law Magazine – and the NGO Green Trees, making her the target of a government that does not tolerate dissent. Despite intimidation, torture and repeated arrests, Pham Doan Trang is fighting to end systematic abuse of both human rights and freedom of the press in Vietnam. She won several awards including recently the Martin Ennals Award 2022. See: https://www.trueheroesfilms.org/thedigest/laureates/fe8bf320-1d78-11e8-aacf-35c4dd34b7ba
Trinidad and Tobago is home to more than 10,000 domestic workers, most of them without any social protection. Ida Leblanc fights daily for them to obtain rights similar to those of all workers, notably as General Secretary of the National Union of Domestic Employees (NUDE), which she founded. In 2011, the International Labour Organisation adopted the Convention on Domestic Workers thanks to Ida Leblanc’s active campaigning. Though the government of Trinidad and Tobago has never implemented the Convention, tireless Ida Leblanc remains undeterred.
She successfully campaigned for the decriminalisation of the Minimum Wage Act, giving unions the right to hear cases of non-compliance with the Act in the Labour Court. She has spearheaded many victories on behalf of low-income workers in cases of unfair dismissal, lay-offs and breaches of the Maternity Protection and Minimum Wage Acts.
A plenary meeting at the 76th Session of the General Assembly, at the UN Headquarters, in New York, USA, 21 January 2022, Lev Radin/Pacific Press/LightRocket via Getty Images
NGOs that seek to participate fully at the UN – making statements and organising events to highlight injustice and provide recommendations – have to get accredited. The “Committee on NGOs” manages the process – as the gateway for NGOs into the United Nations. If you’re a State with a mind to block NGOs, membership of the Committee is perfect. This is where you can sit and control who comes in. By asking questions of NGO applicants, members of the Committee can push their accreditation for many years. For more on this see: https://humanrightsdefenders.blog/2018/02/09/the-saga-of-the-anti-ngo-committee-in-the-un-continues/
Currently there are 70 organisations that have faced over four years of deferrals. Two human rights organisations have been deferred for over ten years. Some NGOs have also been accused by Committee members of having terrorist sympathies: baseless accusations against which the NGOs have been denied appeal.
In four short months there’s a chance to change things. Elections to the Committee on NGOs will be held in April 2022. The 54 members of the UN’s Economic and Social Council (ECOSOC) vote to fill the 19 seats on the Committee across all regional groups.
A joint letter by a massive number of NGOs of 10 February 2022 makes the point:
To: Member States of the UN General Assembly
Excellencies:
We are five months out from elections to the ECOSOC Committee on Non-Governmental Organisations for the 2023-2026 term. These are key elections for all those who value the expertise of civil society and seek to ensure the UN can benefit from it.
The Secretary General has called civil society the UN’s ‘indispensable partners”. Member States recently committed to boosting partnerships ‘to ensure an effective response to our common challenges’. In recommending approval of the participation of non-governmental organisations in a range of UN bodies and processes, the Committee on NGOs plays a key role in facilitating such partnerships. It is essential that the members of the Committee are committed to fulfilling such a task fairly and judiciously.
With this in mind, we would like to request the following, that:
1/ States with an interest in facilitating and safeguarding civil society access to and participation in UN processes stand for election to the Committee.
2/ Candidates make public the reasons for their candidacy and their commitment to fulfil their responsibilities as members of the Committee, as per ECOSOC Resolution 1996/31.
3/ All regions put up competitive slates, as the Asia-Pacific and GRULAC regions did in the last elections for the Committee in 2018. Competitive elections are important to create buy-in to the process and encourage states to be accountable for their commitments.
4/ All regions make public candidacies at least two months before the elections to allow for proper consideration of candidates.
5/ All ECOSOC members vote (and be encouraged to vote) only for candidates with positive track records in regard to civil society access and participation. Candidates could be assessed in regard to indicators such as support for relevant UN resolutions, such as those on civil society space and human rights defenders; on responses to cases of intimidation and reprisals; and on national level initiatives to safeguard civic space, press freedom – online as offline – and the right to defend human rights.
6/ ECOSOC members should consider introducing term limits for membership of the Committee on NGOs, among other reforms encouraging openness and accountability. As with other UN bodies, states should be required to leave the Committee for a specific interval of time after serving for a maximum agreed period. Term limits would encourage greater diversity in membership over time and encourage states to step up as candidates.
The Committee on NGOs is entrusted with the task of facilitating civil society access so that the expertise and experience of civil society partners can enrich and inform UN debates. It needs members that are committed to fulfilling the Committee’s mandate in a fair, transparent, non-discriminatory, expeditious and apolitical manner. It falls on all member states – as potential candidates and / or electors – to ensure that the Committee membership is fit for purpose.
Please elect to stand up for civil society!
Yours sincerely,
In addition to the letter, individuals can undertake additional steps. You can engage with States on all the campaign objectives!
On competitive elections and voting with integrity: See here for a model email for sending to those who get to vote, ECOSOC members. Check here whether your State is going to vote.
On candidates: Does your state have a positive record on promoting civil society but isn’t running? See here for a model email to encourage them.
On 8 February 2022, the Martin Ennals Foundation published an opening for a communication officer.
The Martin Ennals Foundation is a small organization run by a highly motivated staff, Board and Jury. At different points in the year, its work will be fast-paced, intense and challenging. The Communications Officer and Programme Officer work closely together. An entry-level position to support both communications and programmatic activities will be opened in 2022. Several interns complete the team. The Communications Officer reports to the Director of the Foundation. The Communications Officer will also have frequent contact with members of the Board, with colleagues of the Jury organisations, and with MEA winners themselves. The Communications Officer will oversee service providers to the Foundation.
JOB DESCRIPTION: The Communications Officer is responsible for formulating and leading the MEF communications strategy in support of the organisation’s mission, which includes corporate communication elements and the delivery of a high-quality outreach campaign for the annual MEA ceremony. The Communications Officer provide supervision to the Programs and Communications Associate and interns. The Communications Officer’s tasks include:
Designing and delivering MEA’s corporate communications, regularly adapting social media activity, our website and newsletter to Foundation activities and current events.
Designing and delivering an outreach strategy for the annual MEA ceremony:
Overseeing the production of bespoke films about MEA winners
Collaborating with the City of Geneva in the production of marketing material for the MEA campaign (posters, flags, banners, etc.
Overseeing the production and dissemination of digital social media assets (both visual and editorial content)
Organizing a press conference to announce the winners of the Award
Producing and disseminating press material and other written and audio-visual products on our website and social media channels
Enhancing the impact of MEF’s advocacy activities with targeted communications strategies.
Monitoring and evaluating the performance of the Foundation’s communication strategy and its contributions to our annual objectives.
Requirements:
7-10 years of relevant work experience in a communication function;
Familiarity with traditional media, media monitoring and media relations;
Strong background in digital communications (professional knowledge with WordPress, Mailchimp, Hootsuite, Canva, Tweedeck and Google analytics an asset);
Fluency or professional proficiency in both English and French;
A degree or work experience in journalism, communications, political science, international relations, law, or relevant subject;
Ability to work across organizations and collaborate easily with colleagues;
Ability to multi-task and coordinate the delivery of tasks by junior colleagues, service providers, or peers;
Ability to cope with pressure and challenging work periods. Self-starters, entrepreneurs, determined and creative types are welcome to apply.
Conditions of the position
Indefinite term contract at 40%
A competitive salary
Flexible working arrangements
25 days’ vacation pro-rata
Preferred start date: mid-March
To apply, please send your CV, a cover letter, and an example of your work to info@martinennalsaward.org by end of day, Sunday March 6th 2022.
He was first arrested in February 1982, when he was held for four months and tortured. In 1989 the CDDL-HR formed an underground publication, Sawt al-Dimuqratiyya (The voice of democracy). In 1991 the group called for free elections, leading to Naisse’s arrest in December 1991. In 1992 he was tried and sentenced to 9 years imprisonment in Sednaya prison. Released in July 1998, Naisse was not subsequently permitted to practice law.
In August 2003 Naisse was questioned and threatened by military security. The committee posted a public letter on the Internet, calling for the lifting of the state of emergency. On 8 March 2004 they led around 700 demonstrators in a peaceful sit-in in front of the Syrian parliament building in Damascus. Naisse and one hundred others presented the parliament with a petition against the state of emergency, signed by over 7,000 people.
On 13 April 2004 Naisse was arrested and returned to Sednaya prison. There he suffered a stroke, leaving him partially paralysed. He began a hunger strike, and was released on bail pending trial on 16 August 2004. After international appeals on his behalf, the court acquitted him on 26 June 2005.
In China, brave activists are trying to improve the daily life of their fellow citizens and defend their rights to speak freely, to be treated on an equal footing with others, to protest peacefully, or to practice a religion. But the Chinese government fears that their actions will challenge its power and that their criticisms will undermine it. Like the Uyghur and Tibetan peoples, many who stand up for human rights are repressed and silenced, and the authorities have found a very effective way to do that: they disappear them.
On 22 October 2020, exactly a year ago, lawyer Chang Weiping was disappeared under ‘Residential Surveillance at a Designated Location’ (or ‘RSDL’) for ‘inciting subversion of State power.’ Lawyer Chang is a human rights lawyer, who has bravely defended sensitive cases of victims of sexual harassment during China’s ‘Me Too’. He has also worked with victims of discriminatory practices due to their sexual orientation or HIV status, or targeted for speaking freely or practicing their religion. Ten days before his disappearance, he had published a video denouncing torture he had endured when he was first held under RSDL in January 2020, after attending a meeting with other activists a month earlier. UN experts have publicly called for his release. No one knows where he is held. [see also: https://www.trueheroesfilms.org/thedigest/laureates/2e6ec951-79e7-4a36-b077-76bfe05e3817]
Since 2012, China’s rubber-stamp legislative body passed and amended several articles in its Criminal Procedure Law that give police the power to take people into custody without disclosing where they will be held: this is called ‘Residential Surveillance at a Designated Location’. When this happens, people are denied all contact with the outside world, even with their family or a lawyer, for up to six months. No one knows where they are. They are interrogated and often tortured to extract confessions. Meanwhile, despite the barriers and risks they have to overcome, their families persist in seeking knowledge about their loved one’s fate and justice for what they suffered.
Many human rights activists have stopped promoting dignity, peace and justice in their communities because they fear to be disappeared by the police. This practice – enforced disappearance – is absolutely wrong and prohibited under international law. Everyone should be able to speak their mind and participate in the life of their communities.
ISHR, Safeguard Defenders, The Rights Practice and The 29 Principles are mobilising the international community to put pressure on China to #RepealRSDL and end enforced disappearances against human rights defenders.
They want the Chinese government to repeal RSDL (articles 74 to 79 of China’s Criminal Procedure Law), and to bring truth and justice to victims.
RSDL should be high on the agenda of any human rights exchange with the Chinese government. We want governments worldwide to speak out and use all bilateral and multilateral channels to press the Chinese government to #RepealRSDL. We want the UN to amplify its monitoring of RSDL in China, and to sustain its pressure on the authorities to respect international law and to #RepealRSDL.
Feeling supported is vital for disappeared defenders and their relatives. We want the media, human rights groups and activists across the world to pay closer attention to RSDL, to raise awareness around them, and to stand in solidarity with disappeared Chinese human rights defenders and their relatives.
How do we achieve this?
We are working hard to:
Increase the awareness and legal understanding of government officials and diplomats, UN experts, journalists, and human rights groups, there is a short document that explains clearly what UN experts have said about RSDL, and are spreading the word online and offline.
Mobilise diplomatic missions, through meetings and letters, and encourage them to speak out on RSDL at the UN and in other spaces;
Push UN experts to take up individual cases and pay a closer look at the use and impact of RSDL in light of China’s obligations under international human rights law ;
Encourage governments, activists, and concerned individuals to stand in solidarity with disappeared human rights defenders and their relatives
What can you do?
Stand in solidarity! Feeling supported is vital for disappeared defenders and their relatives. Send a solidarity message with Chen Zijuan, lawyer Chang’s wife: write a postcard, and share it with her on your social media by clicking on the image below. Don’t hesitate to personalise it before tweeting. Alternatively you can copy paste this link in your browser: https://ctt.ac/477cf
You can also raise awareness! Check out the informational and communication material in our ‘Campaign Toolbox’, and share it with your country’s ministry of foreign affairs, a journalist you know, your friends or your social media followers – and remember to tag @ISHRglobal, and #StandWithDefenders #RepealRSDL.
“We try to defend happiness from a principle of reality” – Donovan Ortega, Human Rights Defender. Donovan Ortega is a human rights defender from Mexico who participated in the 2021 online edition of ISHR’s Human Rights Defender Advocacy Programme (HRDAP). Donovan is responsible for the international advocacy agenda at the Fray Francisco de Vitoria Human Rights Center in Mexico, and had the opportunity to do advocacy activities at the Human Rights Council in the framework of Mexico’s Universal Periodic Review (UPR).
In this short video, he explains how his work will help to achieve his objectives and vision in the future.
In Newsweek of 3 February 2022 Omar Baddar, Director of the Arab American Institute, published an opinion piece entitled “Amnesty Settles It: It’s Time for U.S. Accountability on Israel”.
Amnesty International, issued on 1 February 2022 an extensive report titled “Israel’s Apartheid against Palestinians: Cruel System of Domination and Crime against Humanity.” As the report documents, “Israel has imposed a system of oppression and domination over Palestinians wherever it exercises control over the enjoyment of their right.” The report further found that Israel’s policies are part of a “systematic as well as widespread attack directed against the Palestinian population, and that the inhuman or inhumane acts committed within the context of this attack have been committed with the intention to maintain this system and amount to the crime against humanity of apartheid.“
Omar Baddar, states: The most important consequence of this consensus is that it lays to rest the false but popular notion of an “Israeli-Palestinian conflict” between two equal sides. The new consensus instead frames the issue more accurately as a struggle between an oppressor and an oppressed people. In the same way that Apartheid in South Africa and Jim Crow segregation in the American South denied people the ability to live in freedom with their full rights simply because of who they are, Israel also denies freedom to Palestinians and many basic rights to Palestinians just because they are Palestinians.
Like the Human Rights Watch report before it, what’s remarkable about the new Amnesty report is how extensive and detailed it is. Amnesty did its due diligence and made sure that its central claims are backed by a mountain of evidence, meticulously documenting unlawful killings, forced displacement and systemic discrimination on a massive scale. Unsurprisingly, the devastating and irreproachable nature of this report triggered a meltdown among Israel’s apologists. See for this also: https://yubanet.com/world/human-rights-organizations-from-israel-condemn-vicious-attacks-on-amnesty-international/
Unable to argue with the substance of the Amnesty report, pro-Israel groups have resorted either to blindly asserting—as AIPAC did—that Amnesty was lying, or baselessly claiming—as the ADL did—that the report would spark antisemitic attacks. The latter is nothing short of a cynical weaponization of antisemitism—which, in fact, is a serious and rising scourge in America and across the world—unscrupulously exploited in order to silence criticism of Israeli government policy.
We cannot have the open debate we need in a free society if speaking honestly about Israeli policy results in smears of bigotry. By misusing the charge of antisemitism in this fashion, Israel’s apologists aren’t just harming the human rights defenders being smeared by it; they’re also harming the real effort to eliminate antisemitism—a goal that we all have a moral obligation to come together and accomplish.
What this Amnesty report should have done is serve as a wake-up call to an American political establishment that prioritizes pandering over sensible policy, and that has turned a blind eye to a grave injustice for far too long. After all, it is U.S. military funding, to the unrivaled tune of $3.8 billion per year, which enables the Israeli military to maintain its suffocating grip on the occupied Palestinian population, and it is U.S. diplomatic protection, through more than 40 vetoes at the UN Security Council and beyond, that shields Israel from accountability for its crimes.
And yet, despite repeatedly claiming to prioritize human rights in its foreign policy, the Biden administration’s reaction to this report was utterly disappointing. The administration rejected it out of hand.
The Amnesty report bemoans the fact that, “for over seven decades, the international community has stood by as Israel has been given free rein to dispossess, segregate, control, oppress and dominate Palestinians.” It criticizes countries like ours that have “actively supported Israel’s violations by supplying it with arms, equipment and other tools to perpetrate crimes under international law and by providing diplomatic cover, including at the UN Security Council, to shield it from accountability.” The report also reiterated its call for “states to immediately suspend the direct and indirect supply, sale or transfer of all weapons, munitions and other military and security equipment.”
The Council of Europe Committee of Ministers voted on 2 February, 2022 to begin infringement proceedings against Turkey. Human Rights Watch called it an important step to support human rights protection in Turkey and uphold the international human rights framework. The resolution concerns Turkey’s failure over the past two years to comply with the European Court of Human Rights’ judgment in which the Court ruled that Turkey should free human rights defender Osman Kavala and fully restore his rights. See also: https://humanrightsdefenders.blog/2022/01/18/kavala-saga-continues-turkish-court-keeps-philanthropist-in-prison/
“The Committee of Ministers’ vote to pursue infringement proceedings against Turkey for its politically motivated, arbitrary detention of human rights defender Osman Kavala shows a resolve to uphold the international human rights law framework on which the Council of Europe is based,” said Aisling Reidy, senior legal adviser at Human Rights Watch. “The resolution sends a reminder to all Council of Europe member states that European Court of Human Rights judgments are binding, and it is an important acknowledgement of Turkey’s rule of law crisis.”
The Committee voted to send the case of Kavala v Turkey back to the European Court of Human Rights for a legal opinion on whether Turkey has met its obligations to comply with the judgment. If the European Court confirms – as it is expected to do – that Turkey has failed to implement its judgment, the Committee of Ministers may then take additional measures against Turkey.
These could include ultimately suspending Turkey’s voting rights in the Council of Europe and could even jeopardize Turkey’s membership. Turkey is the second country in Council of Europe history to be subjected to the sanction process for breaching member states’ obligations to implement European Court of Human Rights judgments. (first time was in 2017 against Azerbaijan in the case of Ilgar Mammadov).
The Kavala judgment is legally binding, yet the Turkish authorities have snubbed the Strasbourg court and ignored the decisions of the Committee of Ministers, which represents the Council’s 47 member states, calling for his release and the full restoration of his rights. Ankara has already reacted as expexted: it has accused the Council of Europe of “interfering in an ongoing judicial process“
The Turkish courts and prosecutors have engaged in a series of tactics to circumvent the authority of the European Court and the Council of Europe, using domestic court decisions to prolong Kavala’s detention and extend the life of baseless prosecutions. The courts have issued sham release orders, initiated multiple criminal proceedings against Kavala on the same facts, and separated and re-joined case files accusing him of bogus offenses.
In 2021, Turkey merged the proceedings against Kavala with an entirely separate and much older case against football fans and others charged with a demonstration during 2013 protests a few kilometers away from Istanbul’s Gezi Park.
Turkey’s international partners, in particular countries that supported the infringement vote, should make it clear that Turkey’s continued failure to implement the Court’s judgment and to release Osman Kavala would have consequences on their relations with Turkey. In particular, the European Union should tie its proposed “positive agenda” with Turkey to Kavala’s release and make respect for rights a prerequisite for opening talks on the Customs Union modernization that Turkey is seeking.
“Turkey knows that the European Court’s judgments are binding but has chosen to defy its obligations and the rule of law,” Reidy said. “Through the infringement proceedings and engagement from other countries, that needs to change, and Turkey should free Osman Kavala immediately and restore all of his rights.”
The government claims to be “engaged in long standing cooperation with the UN human rights mechanisms and the UN Human Rights Council.” On the contrary, in February 2020, soon after taking office, the government of President Gotabaya Rajapaksa 
Hans Thoolen on Human Rights Defenders and their awards 