Posts Tagged ‘anti-terrorist laws’

I owe Alaa Abd el-Fattah my life, which is why I am going on a hunger strike to help free him

January 19, 2025

If anybody represents the very British values of democracy, respect for human rights, justice and due process, it is the Egyptian activist, says Peter Greste in the Guardian of 15 January 2025. The piece is so rich in detail that I give here in full:

I first encountered Alaa Abd el-Fattah 11 years ago, as a disembodied whisper of reassurance from outside the bars of my grubby prison cell in Cairo. I had just been tossed in the box by Egypt’s El Mukhabarat– the malevolent general intelligence service responsible for internal security – and I was facing an indeterminate run in solitary confinement after being arrested on bogus terrorism charges for my work as a journalist.

Alaa knew the drill. Then just 32, he’d been imprisoned by each of the four previous regimes, and he understood both the institutional meat grinder we were confronting and the psychological stresses I’d have to grapple with.

“Welcome to Ward A, Political, in Tora prison,” he told me in a hushed voice through the door. “Here, you are surrounded by people who have been fighting for justice and democracy. We are a collection of activists, trade unionists, judges, writers and now you – a journalist. This is a very prestigious place, and you are with friends.”

A significant part of the prestige came from Alaa himself. He was – and remains – Egypt’s most prominent political prisoner. That also makes him the one the government fears the most. I owe him my life, which is why I am helping step up the campaign to free him.

When the country erupted in its chapter of the Arab spring revolution in January 2011, it was driven by a loose collection of young, middle-class, secular activists – including Alaa – who understood the power of social media.

He was already well known in Egypt as a software developer, online publisher and prolific writer from a long line of campaigners. His late father was a human rights lawyer, and his mother is a mathematics professor and pro-democracy activist. His aunt is a novelist and political activist. One sister helped set up a group fighting against military trials for civilians, and another is a film editor who co-founded a newspaper. Before the 2011 revolution, Alaa learned coding and built his own award-winning blog publishing site where he wrote about national politics and social justice.

In short, activism is in his DNA.

At the time we met, Egypt was still convulsing with revolutionary turmoil. The military had installed an interim administration after ousting the elected Muslim Brotherhood government. The streets were filled with police rounding up protesters who were fighting to stop the country sliding back into autocracy, and Alaa found himself in prison on charges of rallying, inciting violence, resisting authorities and violating an anti-protest law.

After my period in solitary ended, we would use the precious hours of exercise to stride up and down a dusty walled yard discussing Egyptian history and society, political theory, and his ideas of resistance and reform. I found him to be an extraordinarily intelligent political thinker and humanitarian dedicated to turning his country into a functioning, pluralist democracy, and whose powerful writing from prison inspired millions. But more than that, I found a good friend.

In our conversations, he helped me understand the politics of my own imprisonment. I and two Al Jazeera colleagues had been charged with broadcasting terrorist ideology, conspiring with a terrorist organisation, and broadcasting false news to undermine national security. I struggled to reconcile those very serious allegations with the relatively straight reporting we had actually been doing. But as we talked, I came to see that our arrest had nothing to do with what we had done, and everything to do with what we represented – a press freely reporting on the unfolding political crisis. Inspired by his writing, I wrote two letters of my own that we smuggled out and that helped frame the campaign that ultimately got me free.

In March 2019, Alaa was released from prison but ordered to spend 12 hours each night in a police cell, “not free … even in the sense of imperfect freedom common in our country,” he wrote at the time.

Six months later, he was once again arrested, this time for spreading “false news to undermine security”, and sentenced to five years.

By rights, his prison ordeal should have ended on 29 September last year, including the time he spent in pre-trial detention. But in an act of extraordinary cynicism and callousness, the authorities decreed that they’d count his stretch from the day he was sentenced, violating their own laws and adding another two years to his time behind bars.

In protest, his 68-year-old mother, Laila Soueif, began a hunger strike on the day he was supposed to walk free. She has vowed not to eat until he is once again out of prison, and she is now 108 days into the fast. That is an extraordinarily risky undertaking for anybody, let alone someone her age, and although she is showing remarkable resilience she is in serious danger.[see https://humanrightsfirst.org/library/dr-laila-souiefs-downing-street-hunger-strike-continues-as-her-son-alaa-remains-in-egyptian-prison/]

Laila is a British national now living in London, and through her, Alaa also has British citizenship. That gives the British government consular responsibility, and powerful diplomatic leverage to get him released.

If anybody represents the very British values of democracy, respect for human rights, justice, rule of law and due process, it is Alaa Abd el-Fattah.

That is why I feel compelled to join Laila, in London and in solidarity, also on a hunger strike for the next 21 days. It may not work – at least in the short term – and Alaa might not walk free. But I don’t think that matters.

While we were in prison together, Alaa’s father passed away. At a later memorial service, here is what he told the audience: “All that’s asked of us is that we fight for what’s right. We don’t have to be winning while we fight for what’s right, we don’t have to be strong while we fight for what’s right, we don’t have to be prepared while we fight for what’s right, or to have a good plan, or be well organised. All that’s asked of us is that we don’t stop fighting for what’s right.”

This injustice has gone on far too long. Alaa Abd el-Fattah is one of the most remarkable people I know, and he deserves to be free. I am determined to do whatever I can to help.

see also: https://humanrightsdefenders.blog/2024/11/28/ngos-appeal-to-un-working-group-on-arbitrary-detention-for-egyptian-alaa-abd-el-fattah/

  • Peter Greste is a professor of journalism at Macquarie University and the executive director for the Alliance for Journalists’ Freedom. In December 2013, he was arrested on terrorism charges while working for Al Jazeera and he was eventually convicted and sentenced to seven years. Under intense international pressure, the Egyptian president ordered his release after 400 days. He is undertaking this protest in his personal capacity

https://www.theguardian.com/commentisfree/2025/jan/16/i-owe-alaa-abd-el-fattah-my-life-which-is-why-i-am-going-on-a-hunger-strike-to-help-free-him

https://www.jurist.org/news/2025/05/un-panel-finds-detention-of-british-egyptian-activist-alaa-abd-el-fattah-illegal/

Egypt: Special Rapporteur concerned about use of anti-terrorism legislation HRDs

January 17, 2025

An independent human rights expert expressed on 15 January 2025 concern about the continued application of anti-terrorism legislation in Egypt to imprison human rights defenders.

Although there has been some progress with the release of some detainees and the development of a national human rights strategy, Egypt persists in routinely misusing counter-terrorism legislation and recycling criminal charges against human rights defenders,” said Mary Lawlor, Special Rapporteur on the situation of human rights defenders.

“What is particularly striking is the continued detention of human rights defenders past their release date by repeatedly charging them with similar, if not identical, terrorism-related accusations, in a practice commonly known as “rotation” or “recycling”,” Lawlor said.

The Special Rapporteur previously raised concerns in this regard in 22 communications sent to the Government of Egypt since May 2020. The practice of “rotation” was also highlighted by the UN Human Rights Committee in its concluding observations on Egypt’s last review in March 2023.

In particular, the Special Rapporteur expressed concern over the use of this practice to detain three human rights defenders for lengthy periods of time.

“It is shocking that instead of being released at the end of her five-year sentence on 1 November 2023, human rights lawyer Ms. Hoda Abdel Moneim was detained again under new charges. And one year later, a third set of charges was brought against her. She is now facing two new trials, with one of the new charges – ‘joining an unnamed terrorist organisation’ – being identical to that for which she had completed her sentence in 2023, in violation of the principle of double jeopardy”, Lawlor said.

In November 2024, the same terrorism-related charge was brought against another woman human rights defender, Aisha al-Shater, who was tried in the same case with Abdel Moneim. This charge is also identical to that for which she is currently serving a 10-year prison sentence.

In a third case, human rights defender and lawyer Ibrahim Metwally has been arbitrarily detained without trial for over four years. He was arrested in 2017 at Cairo Airport, while he was on his way to Geneva to meet with the UN Working Group on Enforced or Involuntary Disappearances. Although the Cairo Criminal Court has ordered his conditional release twice, he was repeatedly charged with new terrorism-related offences, one of which he supposedly committed in prison. The UN Working Group on Arbitrary Detention previously found Metwally’s detention to be arbitrary and noted that it amounts to an act of retaliation for cooperation with the UN.

“It is outrageous that Mr Metwally is facing trial in three cases, including that of ‘conspiring with foreign entities’, which appear to be in relation to his cooperation with the UN and his peaceful human rights work in Egypt prior to his detention,” Lawlor said.

The Special Rapporteur noted that the poor prison conditions in which the three human rights defenders are held were equally alarming. The human rights defenders have had health problems from the start of their arrest and have reportedly been denied adequate medical treatment despite the severity of their conditions, which may amount to physical and psychological ill-treatment.

“It is unacceptable for prison authorities to deny recommended surgery, bar the transfer of a detainee to a hospital, or withhold medical records from the detainee’s family and lawyer,” Lawlor said.

The Special Rapporteur is in contact with the authorities of Egypt on this issue and has urged them to meet their international human rights obligations, by which they must abide.

see also: https://humanrightsdefenders.blog/tag/egypt/

https://www.ohchr.org/en/press-releases/2025/01/egypt-special-rapporteur-concerned-about-use-anti-terrorism-legislation

https://african.business/2025/01/apo-newsfeed/egypt-special-rapporteur-concerned-about-use-of-anti-terrorism-legislation-against-human-rights-defenders

https://www.hrw.org/world-report/2025/country-chapters/egypt

UN special rapporteur ‘dismayed’ at Turkey’s jailing of human rights lawyers

January 17, 2025

A United Nations special rapporteur on Thursday 16 January 2025 condemned Turkey’s continued use of counterterrorism laws to imprison human rights lawyers and activists, calling it a violation of international human rights obligations.

Mary Lawlor, the UN special rapporteur on human rights defenders, expressed alarm over the long-term detention of nine Turkish human rights lawyers and activists who were sentenced to lengthy prison terms on what she described as “spurious terrorism-related charges.”

[see also: https://humanrightsdefenders.blog/2019/02/07/turkey-not-a-good-place-to-be-a-lawyer-or-a-judge/]

The group includes eight members of the Progressive Lawyers’ Association (ÇHD) who were arrested between 2018 and 2019 and convicted under Turkey’s Anti-Terror Law: Barkın Timtik, Aytaç Ünsal, Özgür Yılmaz, Behiç Aşçı, Engin Gökoğlu, Süleyman Gökten, Selçuk Kozağaçlı and Oya Aslan. They were sentenced to up to 13 years in prison in what has been widely criticized as an unfair trial, known as the ÇHD II trial.

Another arrestee, lawyer Turan Canpolat of the Malatya Bar Association, was imprisoned in 2016 based on the testimony of a client who later admitted he had been coerced. Canpolat was convicted of alleged links to the Gülen movement, inspired by the late Turkish cleric Fethullah Gülen, which Ankara accuses of orchestrating a coup attempt in 2016, and sentenced to 10 years in prison. The Gülen movement denies involvement in the coup.

Canpolat was detained in 2016 after responding to a police search at a client’s residence, only to find himself accused based on doctored evidence and coerced testimony. Despite the dismissal of related charges against others implicated in his case and the recanting of key testimony, he remains in prison. His conviction was based on his legal representation of companies later closed by emergency decrees after the coup, a move critics argue criminalizes standard legal work. International legal groups have denounced his imprisonment as a miscarriage of justice, calling for his release.

All nine lawyers are currently held in high-security prisons, and Canpolat has reportedly been kept in solitary confinement for nearly three years without a disciplinary order, a practice the UN expert found “extremely disturbing.”

Lawlor has raised concerns about their cases since the beginning of her mandate in 2020, but Turkey has continued to criminalize their work. “I remain dismayed that the criminalization of their human rights work has not stopped,” she said.

She urged Turkish authorities to comply with international human rights law and guarantee fair appeal hearings for the detained lawyers. “I am ready to discuss this further with Turkish authorities,” she added.

The Turkish government has repeatedly been criticized for using broad anti-terror laws to silence political dissent and imprison journalists, lawyers and activists. Since the 2016 coup attempt, Turkey has arrested thousands on terrorism-related charges, often based on tenuous evidence such as social media posts or association with banned groups.

International human rights organizations, including Amnesty International and Human Rights Watch, have condemned Turkey for what they describe as politically motivated prosecutions and the erosion of due process. The European Court of Human Rights has ruled against Turkey in multiple cases, finding that it has violated the right to a fair trial and engaged in arbitrary detention.

https://www.turkishminute.com/2025/01/16/un-special-rapporteur-dismayed-at-turkeys-jailing-of-human-rights-lawyers-under-terrorism-laws4

seealsohttps://www.fidh.org/en/region/europe-central-asia/turkey/turkey-unacceptable-attacks-on-the-legal-profession

Abuse of counter-terrorism laws threaten human rights globally, warns UN expert

March 13, 2024

On 12 March 2024 the recently appointed UN Special Rapporteur on the promotion and protection of human rights while countering terrorism, Ben Saul, warned that two decades of prolific global efforts to counter terrorism have not been matched by an equally robust commitment to human rights.

In his first report to the Human Rights Council, the Special Rapporteur painted a counter-terrorism landscape strewn with human rights violations, including unlawful killings, arbitrary detention, torture, unfair trials, privacy infringements from mass surveillance, and the criminalisation of freedoms of expression, assembly, association and political participation. For earlier posts on this topic, see: https://humanrightsdefenders.blog/tag/anti-terrorism-legislation/

The misuse of counter-terrorism measures not only violates the rights of suspected criminals but can also jeopardise the freedoms of the innocent,” Saul said.

He condemned the rampant weaponisation of overly-broad terrorism offences against civil society, including political opponents, activists, human rights defenders, journalists, minorities, and students. Unjustified and protracted states of emergency continue to undermine human rights, the expert warned.

Excessive military violence in response to terrorism also destroys fundamental rights, including through violations of international humanitarian law and international criminal law,” Saul said. “Cross-border military violence is increasingly used by states even when it is not justified under the international law of self-defence.

“Many states have also failed to address the root causes of terrorism, including state violations of human rights – while impunity for those violations is endemic,” he said.

Saul said regrettably, the UN has been part of the problem, by encouraging authoritarian regimes to strengthen counter-terrorism laws in the absence of a rule of law culture or human rights safeguards. “The UN must also do better to meaningfully consult civil society on counter-terrorism,” he said.

Announcing his priorities for his three-year term, the Special Rapporteur said his focus would include ensuring regional organisations respect human rights when countering terrorism; all coercive administrative measures used to prevent terrorism comply with human rights; and States are held accountable for large-scale violations of human rights resulting from counter terrorism – and victims receive full and effective remedies.

Saul will also continue the efforts of his predecessor on preventing the abuse of counter-terrorism measures against civil society; protecting the 70,000 people arbitrarily detained in north-east Syria in the conflict against ISIL; protecting detainees and transferees from the detention facility at Guantánamo Bay, Cuba; ensuring that the UN safeguards human rights in its counter-terrorism work, regulating new technologies used in counter-terrorism; and protecting the victims of terrorism.

Human rights in counter-terrorism are at increased risk because of rising authoritarianism, surging domestic polarisation and extremism, geopolitical competition, dysfunction in the Security Council and new tools, including social media, for fuelling dehumanisation, vilification, incitement and misinformation,” the Special Rapporteur warned.

Double standards and selectivity by major powers in the enforcement of human rights is also eroding public confidence in the credibility of the international human rights system,” he said. “States must move beyond rhetorical commitment to human rights and instead place human rights at the heart of all counter-terrorism measures.

Statements Statement of the mandate of the United Nations Special Rapporteur on the promotion and protection of human rights while countering terrorism

Statements Human Rights Council discusses the protection of human rights while countering terrorism

Statements UN Office of Counter-Terrorism Town Hall meeting, Statement by Michelle Bachelet, UN High Commissioner for Human Rights

https://www.ohchr.org/en/press-releases/2024/03/rampant-abuse-counter-terrorism-laws-threaten-human-rights-globally-warns-un

Human rights NGOs use Financial Action Task Force (FATF) review to help human rights defenders in India

November 7, 2023

Amnesty International, C&SN and HRW accuse Indian government of harassing human rights activists and NGOs; the organisations seek FATF’s intervention days before the India’s performance with respect to action taken against money laundering and terrorist funding is up for review

On 6 November 2023, The Hindu newspaper (TH) reports that NGOs are accusing the Indian government of prosecuting, intimidating, and harassing human rights defenders, activists, and non-profit organisations on the pretext of countering terrorist financing, Thus Amnesty International, Charity & Security Network (C&SN), and Human Rights Watch (HRW) have sought the intervention of the Financial Action Task Force (FATF).

FATF mutual evaluations are in-depth country reports analysing the implementation and effectiveness of measures to combat money laundering, terrorist and proliferation financing. The reports are peer reviews, where members from different countries assess another country. Mutual evaluations provide an in-depth description and analysis of a country’s anti-money laundering and counter-terrorist financing system, as well as focused recommendations to further strengthen its system. During a mutual evaluation, the assessed country must demonstrate that it has an effective framework to protect the financial system from abuse.

The FATF conducts peer reviews of each member on an ongoing basis to assess levels of implementation of the FATF Recommendations, providing an in-depth description and analysis of each country’s system for preventing criminal abuse of the financial system.

The joint statement of the 3 NGOs came on November 3, days before the start of FATF’s periodic review of India’s performance with respect to the action taken against money laundering and terrorist funding. They have accused the authorities of exploiting FATF’s recommendations “to restrict civic space and stifle the rights to freedom of expression, association, and peaceful assembly”. “Draconian laws introduced or adapted to this end include the Foreign Contribution (Regulation) Act (FCRA), the Unlawful Activities (Prevention) Act (UAPA), and the Prevention of Money Laundering Act (PMLA)…,” the groups said. See also: https://wordpress.com/post/humanrightsdefenders.blog/22074

“During its third FATF review, in 2010, the Indian government itself recognised the risk posed by the non-profit sector as ‘low’. However, since the Bharatiya Janata Party (BJP) came to power in 2014, the authorities have used overbroad provisions in domestic law to silence critics and shut down their operations, including by cancelling their foreign funding licences and prosecuting them using counterterrorism law and financial regulations,” the groups alleged.

https://www.thehindu.com/news/national/amnesty-international-csn-and-hrw-accuse-indian-govt-of-harassing-human-rights-activists-and-ngos/article67504479.ece

https://www.fatf-gafi.org/en/topics/mutual-evaluations.html

Climate Human Rights Defenders increasingly seen as eco-terrorists

October 15, 2023

Damien Gayle, Matthew Taylor and Ajit Niranjan in the Guardian of 12 October 2023 published the result of their research in Europe into using repressive measures to silence climate activists[see: https://humanrightsdefenders.blog/2023/10/04/human-rights-platform-at-the-gulbenkian-foundation-hears-michel-forst-worries-about-treatment-of-climate-defenders/]

In Germany, France, Italy, Sweden, the Netherlands and the UK, authorities have responded to climate protests with mass arrests, the passing of draconian new laws, the imposing of severe sentences for non-violent protests and the labelling of activists as hooligans, saboteurs or eco-terrorists. The crackdowns have come in spite of calls by senior human rights advocates and environmental campaigners to allow civic space for the right to non-violent protest, after a summer of record-breaking heat in southern Europe that is attributed to the effects of climate breakdown.

The UK has led the way in the crackdown, experts say, with judges recently refusing an appeal against multi-year sentences for climate activists who blocked a motorway bridge in east London. The three-year jail terms for Marcus Decker and Morgan Trowland earlier this year are thought to be the longest handed out by a British judge for non-violent protest.

Michel Forst, the UN rapporteur on environmental defenders since June last year [not really, for his correct title is the “Special Rapporteur on Environmental Defenders under the Aarhus Convention, Mr. Michel Forst” [see: https://humanrightsdefenders.blog/2022/07/22/aarhus-convention-on-environmental-information-gets-especially-experienced-rapporteur/], described the situation in the UK as “terrifying”. He added that other countries were “looking at the UK examples with a view to passing similar laws in their own countries, which will have a devastating effect for Europe”.

“Since my appointment I have been travelling to many countries in Europe and there is a clear trend,” Forst told the Guardian. “We can see an increasing number of cases by which these climate activists are brought to court more and more often and more and more severe laws being passed to facilitate these attacks on defenders.”

He added: “I’m sure that there is European cooperation among the police forces against these kinds of activities. My concern is that when [governments] are calling these people eco-terrorists, or are using new forms of vilifications and defamation … it has a huge impact on how the population may perceive them and the cause for which these people are fighting. It is a huge concern for me.”

Amnesty International said it was investigating a continent-wide crackdown on protest. Catrinel Motoc, the organisation’s senior campaigner on civil space and right to protest in Europe, said: “People all around the world are bravely raising their voices to call for urgent actions on the climate crisis but many face dire consequences for their peaceful activism.

“Peaceful protesters are left with no choice but to stage public protests and non-violent direct actions because European countries are not doing enough to tackle the climate crisis.

“There’s alarming evidence of criminalisation, harassment, stigmatisation and negative rhetoric towards environmental defenders.”

In June, Dunja Mijatović, the Council of Europe’s commissioner for human rights, also called for an end to crackdowns on environmental activists. Last December, Volker Türk, the UN’s high commissioner for human rights, appealed to governments to protect the “civic space” for young environmental activists, and “not crack down in a way that we have seen in many parts of the world”.

There was widespread outrage this summer when France’s interior minister, Gérald Darmanin, used one of the state’s most-powerful tools to order the banning of one of the country’s leading environmental protest groups. Les Soulévements de la Terre, a collective of local environmental campaigns, had staged a series of protests, with tactics including sabotage, that ended with violent confrontations with police, and Darmanin denouncing the activists as “far left” and “ecoterrorists”.

In the Netherlands, one of a series of roadblock protests on the A12 highway in The Hague in May was dispersed by police using water cannon, with more than 1,500 arrested. Seven climate activists were convicted of sedition – a charge that had never before been levelled against climate protesters – in relation to online posts calling for people to join an earlier demonstration.

In Sweden, about two dozen members of the Återställ Våtmarker [Restore Wetlands] group were convicted of sabotage for blocking highways in the capital, Stockholm. Others were held on remand for up to four weeks for taking part in protests.

In Germany in May, police staged nationwide raids against the Letzte Generation (Last Generation) group, whose supporters had glued themselves to roads on a near-weekly basis for months, as well as targeting art galleries and other cultural spaces. On a police directive, the homepage of the group was shut down and possessions belonging to members were seized.

At the most recent count, supplied by the activists, police had made more than 4,000 arrests of supporters of Last Generation taking part in road blocks in Berlin alone.

Authorities in Italy have used anti-organised crime laws to crack down on protests, where the Ultima Generazione (also Last Generation) group has staged road blocks since last year. The Digos police unit, which specialises in counter-terrorism, in April justified the use of anti-Mafia laws to target the group by saying its civil disobedience actions had not taken place spontaneously, but were organised, discussed and weighed up by an internal hierarchy. This came along with new, stiffer penalties for protests, with activists facing fines of up to €40,000 for actions targeting artworks and other cultural heritage.

Richard Pearshouse, director of the environment division at Human Rights Watch, said: “These restrictions on environmental protest across Europe and the UK are incredibly short-sighted. These governments haven’t grasped that we all have a huge interest in more people taking to the streets to demand better environmental protection and more climate action.

“Governments need to respect the rights to assembly and expression, and ramp up their own environmental protections and climate ambitions. That’s the only way we have a chance to get out of this climate crisis with our democratic institutions intact.”

A spokesperson for the UK Home Office said: “The right to protest is a fundamental part of our democracy but we must also protect the law-abiding majority’s right to go about their daily lives.

“The Public Order Act brings in new criminal offences and proper penalties for selfish, guerrilla protest tactics.”

The French interior ministry said local officials had the right to ban demonstrations with a serious risk of disturbing public order. “These one-off bans, of which there are very few in absolute terms, are not imposed because of the reason for the demonstration.”

The Italian interior ministry referred to a statement from the culture minister Gennaro Sangiuliano in April, who said attacks on monuments cause economic damage to the community that is is expensive to clean up. “Those who cause damage must pay personally.”

The German interior ministry declined to comment. The Bavarian interior ministry referred the Guardian to the public prosecutor’s office in Munich, which provided a statement from June in which it confirmed it had authorised the tapping of phones for six of seven Last Generation members under criminal investigation.

The Swedish interior ministry declined to comment. The Dutch ministry of justice did not respond to requests for comment.

https://www.theguardian.com/environment/2023/oct/12/human-rights-experts-warn-against-european-crackdown-on-climate-protesters

and later followed by:

https://globeecho.com/politics/climate-protesters-in-europe-face-a-massive-crackdown/

https://www.ohchr.org/en/statements-and-speeches/2023/10/environmental-rights-are-key-all-human-rights-turk-says

Human Rights Platform at the Gulbenkian Foundation hears Michel Forst worry about treatment of climate defenders

October 4, 2023

The LUSA news agency reported on 3 october that “the UN Special Rapporteur on environmental campaigners, Michel Forst” , said that climate activists are under increasing pressure in Europe, admitting that he was surprised by the violence with which several governments treat them. This is a somewhat misleading title as Michel Forst is the “Special Rapporteur on Environmental Defenders under the Aarhus Convention, Mr. Michel Forst” [see: https://humanrightsdefenders.blog/2022/07/22/aarhus-convention-on-environmental-information-gets-especially-experienced-rapporteur/]

Still, the message is what matters: “Rights defenders as a whole face a number of major challenges and risks in many countries, including in Europe, but those who are currently paying the highest price are precisely environmental activists and people trying to defend their land and the climate,” said Michel Frost in an interview with Lusa.

Forst was in Portugal today to take part in the international conference of the Human Rights Platform, taking place at the Gulbenkian Foundation in Lisbon, and confessed to Lusa that he didn’t understand the reasons behind this increase in pressure.

I don’t understand why, but the fact is that more and more politicians in more countries are comparing people who are actually peaceful demonstrators with violent terrorists,” he said, noting that he sees this “in Spain, the Netherlands, Denmark, the UK, Germany and Switzerland”.

The issue worries him a lot, he recognized, not least because different ways of attacking activists are being used in various countries.

“I toured more than 20 European Union (EU) countries to meet with activists and governments, inviting them to describe the atmosphere they face in their countries, and I can assure you that the situation is becoming very, very, very tense,” he said, pointing out that governments such as those in France or Austria classify these activists as “eco-terrorists or green Taliban”.

Michel Forst explained to Lusa that he is currently working with a group of non-governmental organizations (NGOs) “to try to better understand what is happening in Europe, with a view to guiding EU governments on how to respond to civil disobedience”.

Stressing that civil disobedience is regulated by international human rights law, the UN official said he was alarmed when he met judges from Spain, France and Germany and realized that they “didn’t understand international human rights law at all”.

Activists who engage in civil disobedience “should not be penalized”, but in reality we see that “judges and governments do not comply with international obligations”, Michel Forst pointed out.

For this reason, he explained, his aim for now is to provide documents and guidelines for states to ensure better fulfilment of their international obligations.

“Some states have been very receptive, such as Ireland and Norway, but many others have not,” he denounced, naming the example of the United Kingdom and adding that, in some cases, the police infiltrate groups in order to know what is being prepared and to be able to better control the activists.

“We now have evidence that some [environmental campaigners] have been placed under strict surveillance, with their phones being hacked and their computers being tapped,” he said.

For Michel Forst, environmental campaigners are no different from those who fight for human rights.

“It’s the same thing,” he emphasised, explaining that environmental activists are just gaining more visibility.

“They are using new forms of mobilisation that others haven’t used, like sticking their hands in the ground or handcuffing themselves to a barrier or breaking down doors to cut genetically modified maize,” he listed.

Their growing visibility leads them to face what human rights defenders were already facing, namely the fact that “civic space is shrinking in Europe,” he said, noting that this is not only his assessment, but also that of the Council of Europe and the EU Agency for Fundamental Rights.

And against this, Michel Forst expects only one thing: “A strong reaction from citizens”.

With regard to the authorities, the UN Special Rapporteur also expressed his expectations.

“We need to see the results [of the guidelines that will be issued] and then ask the most receptive.

UN Special Rapporteurs express serious concern about Kashmiri human rights defenders

September 5, 2023

The Pakistan Observer of August 11, 2023 carries the story which I wished Indian newspapers would also cover..:

The UN Special Rapporteur on Human Rights Defenders and other UN experts have expressed their serious concern at the arrest, detention and accusations brought against Kashmiri human rights defenders Irfan Mehraj and Khurram Parvez, which they said are “designed to delegitimize their human rights work and obstruct monitoring of the human rights situation in” Indian occupied Jammu and Kashmir

A joint communication released by the UN Special Rapporteur on Human Rights Defenders and other UN experts, and which is available at the website of the UN Special Rapporteur on Human Rights Defenders [https://srdefenders.org/india-arrest-detention-of-kashmiri-human-rights-defenders-irfan-mehraj-khurram-parvez-joint-communication/], said, “We underline the legitimacy of their work and of the activities of the JKCSS and express our fear that the arrest and detention of Mr. Mehraj, as well as the continued detention of Mr. Parvez since 2021 and his involvement in the second case at hand, are designed to delegitimize their human rights work and obstruct monitoring of the human rights situation in India-administered Jammu and Kashmir. [see: https://www.trueheroesfilms.org/thedigest/laureates/81468931-79AA-24FF-58F7-10351638AFE3]

“As we have repeatedly stressed in the past, counter-terrorism legislation should never be used to sanction human rights defenders. We express our abhorrence at the continued instrumentalization of national-security measures and discourse to undermine, obstruct and persecute those peacefully promoting, defending and seeking the advancement of human rights in the country, as well as to frustrate accountability for human rights violations.”

Disagreeing with the definition of a terrorist by the Modi government, the joint communication said, “As we previously raised in OL IND 7/2020, we are deeply concerned about the definition of ‘terrorist act’ in the UAPA, which substantially departs from the model definition offered by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism and provides broad powers to the executive, without oversight or control from the judiciary. We further remind your Excellency Government that the definition of terrorism and terrorism offences must be ‘genuinely’ terrorist in nature in accordance with the elements identified by the Security Council in its resolution 1566 (2004).”

The statement warned that “Conflation of human rights work with terrorism is inconsistent with the obligations of State affirmed by the Security Council that counter-terrorism activities by States should not conflict with other international law obligations, particularly human rights, and with the agreed consensus of Member States contained in the Global Counter-Terrorism strategy opposing the misuse of counter-terrorism measures against civil society (A/RES/60/288).”

“We also note our deep concerns about allegation of ‘terror funding’ and highlight that the Financial Action Task Force (FATF) has set forth international practices and guidelines aimed at preventing global money laundering and terrorist financing. The FATF recommendations, while non-binding, provide recognized international guidance for the countering of terrorism financing. Recommendation (1) states that ‘countries should apply a risk-based approach (RBA) to ensure that measures to prevent or mitigate money laundering and terrorist financing are commensurate with the risks identified’ Recommendation (8) provides guidance to States on the laws and regulations that should be adopted to oversee and protect NPOs that have been identified as being vulnerable to terrorist financing concerns.”

“Such measures must be ‘focused and proportionate’; ‘ ‘one size fits all’ approach to address all NPOs is not appropriate.’ FATF has reaffirmed that State compliance with Recommendation (8) and the other FATF Recommendations ‘should not contravene a country’s obligations under the Charter of the United Nations and international human rights law to promote universal respect for, and observance of, fundamental human rights and freedoms, such as freedom of expression, religion or belief and freedom of peaceful assembly and of association.”

Blaming India for targeting civil society, the joint statement said, “We are concerned that these arrests appear to contravene a “risk-based” approach to countering terrorism finance and appear to demonstrate a misuse of countering terrorism finance laws and practice to disproportionately target civil society.”

It is worth mentioning here that the “communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of India on 5 June 2023. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this time frame.

The communication stated that “If a reply is received it will be posted on the UN Special Procedures communications database”.

“Since the communication was sent, the detention of Mr. Mehraj and Mr. Parvez has twice been extended following petitions by the National Investigation Agency (NIA), with the latest extension granted on 27 July 2023. Both human rights defenders remain detained in Rohini Prison in Delhi”.—KMS.

see also: https://humanrightsdefenders.blog/2020/02/09/forgotten-kashmir-something-has-to-be-done/

https://www.ohchr.org/en/press-releases/2023/03/india-un-expert-demands-immediate-end-crackdown-kashmiri-human-rights

https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=28286

CIVICUS protests over ‘judicial harassment’, ‘terrorist’ label on human rights defenders in the Philippines

August 10, 2023
“Activism is not terrorism” . . . five Filipino indigenous peoples’ leaders and advocates have been branded as “terrorist” individuals and their property and funds have been frozen. Image: CIVICUS

On 28 July, 2023 CIVICUS, a global alliance of civil society organisations, has protested to Philippine President Ferdinand “Bongbong” Marcos Jr in an open letter over the “judicial harassment” of human rights defenders and the designation of five indigenous rights activists as “terrorists“.

CIVICUS, representing some 15,000 members in 75 countries, says the harassment is putting the defenders “at great risk”.

It has also condemned the “draconian” Republic Act No. 11479 — the Anti-Terrorism Act — for its “weaponisation’ against political dissent and human rights work and advocacy in the Philippines.

The CIVICUS open letter said there were “dire implications on the rights to due process and against warrantless arrests, among others”.

The letter called on the Philippine authorities to:

  • Immediately end the judicial harassment against 10 human rights defenders by withdrawing the petition in the Quezon City Regional Trial Court Branch 84;
  • Repeal Resolution No. 35 (2022) designating the six human rights defenders as terrorist individuals and unfreeze their property and funds immediately and unconditionally;
  • Drop all charges under the ATA against activists in the Southern Tagalog region; and
  • Halt all forms of intimidation and attacks on human rights defenders, ensure an enabling environment for human rights defenders and enact a law for their protection.

The full letter can be found at: https://asiapacificreport.nz/2023/07/28/civicus-protests-to-marcos-over-judicial-harassment-terrorist-label-on-human-rights-activists/

Algerian human rights defenders Slimane Bouhafs and Kamira Nait Sid 3-year sentence confirmed

July 20, 2023

On 18 July 2023 Front Line Defenders reported that on 4 July, a court of appeal in Algiers confirmed the three-year prison sentence of human rights defenders Slimane Bouhafs and Kamira Nait Sid, in addition to confirming the fine of DZD 100,000 (approx. EUR 660). The charges against both human rights defenders include “belonging to a terrorist organisation”; “receiving funds from abroad for the purpose of political propaganda”; “hate speech and discrimination”; “use of technology to spread false information”; and “conspiracy”, among others.

Slimane Bouhafs is a human rights defender advocating for freedom of expression and democracy in Algeria through social media. He is the Chairman of the St. Augustine Coordination of Christians in Algeria which defends minority rights and freedom of religion in the country. Kamira Nait Sid is a woman human rights defender and co-president of the World Amazigh Congress (WAC), an international NGO defending the rights of the Amazigh people. The mission of the WAC is to ensure the defence and promotion of political, economic, social, cultural, historical and civil rights of the Amazigh people.

The human rights defender Slimane Bouhafs, who was granted refugee status in Tunisia before being illegally transferred back to Algeria, received the same three-year prison sentence as the one previously handed down at the first instance. Meanwhile, the woman human rights defender Kamira Nait Sid received a three-year prison sentence, which was a two-year reduction of the original sentence handed down by the court of first instance.

Both Slimane Bouhafs and Kamira Nait Sid reject and deny all the charges against them and maintain that they have been targeted because of their peaceful human rights work and advocacy for freedom of expression and belief. The defence counsel, which represented both human rights defenders, reportedly emphasised the lack of due process and fair trial guarantees during the trial and the appeal processes, including a lack of evidence supporting the charges.

In December 2022, Slimane Bouhafs and Kamira Nait Sid were sentenced to three and five years respectively by the court of first instance mainly on the basis of an alleged association with the Movement for the Autonomy of Kabylie (MAK), classified as a terrorist group by the Algerian authorities. The human rights defenders continue to deny any involvement with the MAK group.

The two human rights defenders have been arbitrarily detained since the summer of 2021. On 25 August 2021, the human rights defender Slimane Bouhafs was abducted, subjected to ill-treatment and forcibly returned to Algeria from Tunisia, where he had been granted refugee status, in a gross violation of international law. On 24 August 2021, the woman human rights defender Kamira Nait Sid was also abducted by Algerian security forces from her home in Draa-Ben-Kheddaas in northern Algeria and detained at an unknown location. On 1 September 2021, the two human rights defenders appeared before an investigating judge in an Algerian court to be charged with several terrorism-related accusations based on an alleged connection with the MAK.

Front Line Defenders condemns the confirmation of the sentence of human rights defenders Slimane Bouhafs and Kamira Nait Sid and calls on the authorities of Algeria to immediately release them and quash their conviction as it believes that it is solely motivated by their legitimate and peaceful work in the defence of human rights. It urges the authorities to guarantee the physical and psychological security and integrity of the human rights defenders while in detention.

Front Line Defenders also calls on the authorities to cease targeting all human rights defenders in Algeria and guarantee in all circumstances that they are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment.

https://www.frontlinedefenders.org/en/case/court-appeal-confirms-three-year-prison-sentence-human-rights-defenders-slimane-bouhafs-and