Posts Tagged ‘abuse of power’

UN High Commissioner for Human Rights Bachelet calls for restraint in governments’ COVID emergency powers

April 29, 2020

UN rights chief calls for restraint in governments’ COVID-19 emergency powers

photo credit: UN

During the ongoing pandemic, the exercise of emergency powers has been used as an excuse for unlawful detention, restriction of movement and suppression of press freedoms, according to Bachelet. The International Press Institute (IPI), a press freedoms watchdog, reports that many nations have silenced journalists under the pretext of stifling “fake news.” The IPI maintains a list of international media freedom violations occurring as a result of emergency powers abuses.

In Cambodia the application of emergency powers in response to the COVID-19 pandemic have resulted in the unlawful detention of those who disobey the emergency measures for up to 10 years in a move Amnesty International called “a naked power grab which seeks to manipulate the COVID-19 crisis in order to severely undercut human rights.” Further human rights abuses are reported from El Salvador, where grocery shoppers were unlawfully detained when President Nayib Bukele defied a Supreme Court order in their defense. In Central Asia, Amnesty International reports massive expansion of police powers through emergency powers granted during the pandemic.

To guide responsible enacting of emergency powers, the UN has released a new set of policy guidelines that advise states to follow principles such as legality, proportionality and non-discrimination during “humane application of emergency powers,” pursuant to the International Covenant on Human Rights. See also: https://humanrightsdefenders.blog/2020/04/14/un-guidelines-for-use-of-emergency-powers-in-time-of-covid-19-pandemic/.

Given the exceptional nature of the crisis, it is clear States need additional powers to cope,” Bachelet’s statement concluded. “However, if the rule of law is not upheld, then the public health emergency risks becoming a human rights disaster, with negative effects that will long outlast the pandemic itself.”

 

Good example of authoritarian abuse of COVID-19 emergency: Hungary

April 7, 2020

Hungary has defied calls by human rights defenders to respect human rights standards in tackling the COVID-19 outbreak.  Monday 30 March 2020, Hungary’s parliament passed a controversial Law on Protection against the Coronavirus, allowing Prime Minister Viktor Orban to rule by decree for an indefinite period [!], and to jail anybody deemed to be publishing ‘fake news’ by up to five years. In the days prior, Civil Rights Defenders condemned the bill on the grounds that it is an attack on the rule of law and democracy, and presents numerous threats to human rights in the country (see https://crd.org/2020/03/24/hungary-state-of-emergency-is-no-excuse-for-undermining-rule-of-law/).

In one of its first moves, the government tabled a bill outlawing legal gender recognition which is a serious and permanent attack on the rights of Trans people. The following day, on Tuesday, it hinted it would use emergency powers to push educational reform by perusing an appalling new curriculum that will rewrite history books by promoting national pride, and making anti-Semitic authors compulsory reading. Coupled with the restrictions on media freedoms, the freedom of expression and the indefinite emergency rule, these measures are a clear overreach of emergency powers and a grave threat to democracy.

20 EU Member States have reacted in a joint-statement that they are “deeply concerned about the risk of violations of the principles of rule of law, democracy and fundamental rights arising from the adoption of certain emergency measures”. However, the statement’s authors did not call out countries by name, thus creating a loophole for Hungary to shamelessly became a signatory itself [SIC and SICK].

https://crd.org/2020/04/07/hungary-ignores-calls-for-respect-of-human-rights/

Saudi Terrorism court hands down heavy sentences for starting a human rights group

January 26, 2018

Background: The two men received a phone call on October 20, 2016 informing them that there was a case against them in the SCC, the Saudi court that handles terrorism cases, and informing them of the date of the first hearing. The first session of the trial took place in the SCC on October 30, 2016. The two men were charged with offences relating to their peaceful activism and freedom of expression, the main charge being the founding of a human rights organisation, the Union for Human Rights. They were accused of publishing statements about human rights, which the Public Prosecutor considered an infringement of the jurisdiction of government-sponsored civil society institutions like the Saudi Human Rights Commission and the National Society for Human Rights. The Public Prosecutor regarded publishing human rights reports, contacting the media and human rights organisations, being guests of the detained activist Abdullah al-Hamid, and retweeting posts on Twitter to be crimes deserving punishment. The first hearing ended with December 26, 2016 being set as the date for the next session.

In March 2017, Mohamed al-Oteibi left the country and travelled to Qatar, where he managed to obtain the right of asylum in Norway. As he set off for Norway, he was apprehended at Doha’s Hamad International Airport on May 24, 2017 and handed over to the Saudi authorities the following day. [see https://humanrightsdefenders.blog/2017/06/01/qatar-extradited-human-rights-defender-otaibi-to-saudi-arabia-ignoring-norways-grant-of-asylum/] Mohamed bin Abdullah al-Oteibi is a prominent defender of human rights in Saudi Arabia. He had been arrested previously in Saudi Arabia while engaging in legitimate civic activity without committing any criminal act. On January 1, 2009 he was arrested along with other activists and charged with taking part in a peaceful demonstration. On that occasion he spent about four months in prison, including two months in solitary confinement, isolated from the outside world. Given that the activity Oteibi had engaged in and for which he was punished was a legitimate civic activity, in 2011 the United Nations Working Group on Arbitrary Detention issued a formal opinion to the effect that Oteibi’s arrest breached Article 9 of the Universal Declaration of Human Rights; that there was no legal basis to justify depriving Oteibi of his freedom; and that in the view of the Working Group his detention was essentially an arbitrary measure with no basis in law that contravened and breached a number of his basic legal rights.

Oteibi and Atawi were once again brought before the SCC, the court that handles terrorism cases, in December 2016. All of the charges against them violated their basic legal rights. The main charge was that of helping to set up an association concerned with human rights (the Union for Human Rights), despite the fact that Oteibi, Atawi and their colleagues had already closed down the group and suspended its activities, in exchange for undertakings that they would not face any penalty…

https://alqst.org/eng/terrorism-court-hands-seven-14-year-jail-sentences-starting-human-rights-group/

http://www.arabianbusiness.com/politics-economics/384249-new-saudi-law-to-fight-terrorism-criticised

Transgender activist harassed by Greek police

June 14, 2013

The Observatory for the Protection of Human Rights Defenders (a joint programme of two reputed international NGOs: the FIDH andOMCT) has been informed by the Greek Helsinki Monitor (GHM) about the police harassment of Ms. Electra Koutra,  GHM legal counsel, in the framework of police profiling operation against transgender persons in Thessaloniki.logo FIDH_seul
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