The Zimbabwean authorities must immediately release human rights defenders who have been arbitrarily detained for over two weeks and drop charges against them, independent human rights experts said on15 August 2024.
Woman human rights defender Namatai Kwekweza, teacher and labour rights defender Robson Chere, the Secretary-General of Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ), along with local councilor for Harare Ward 5, Samuel Gwenzi, were forcibly removed from a departing flight at Harare Airport on 31 July 2024. Unidentified men escorted the three to a high security zone within the airport and held them incommunicado for eight hours. During this time, the three were reportedly subjected to enforced disappearance, torture and other cruel, inhuman or degrading treatment or punishment, including waterboarding. Additionally, they were severely threatened against protesting in advance of or during the Southern African Development Community (SADC) summit scheduled for 17 to 19 August 2024 in Harare.
“The enforced disappearance, incommunicado detention and torture, followed by the arbitrary detention of these human rights defenders is inexcusable, and not only violates international human rights law but also makes a mockery of the safeguards contained in Zimbabwe’s own Constitution,” the experts said.
The experts said, “These baseless charges are being used as a fig-leaf to target human rights defenders and opposition voices for calling for greater democracy, human rights and accountability in Zimbabwe. At a time when Zimbabwe is preparing to host the SADC summit, whose values include institutions that are “democratic, legitimate, and effective”, it is unconscionable that these human rights defenders working to strengthen such institutions remain arbitrarily detained.”
The release of the human rights defenders on bail has been opposed by the prosecutor and a further bail hearing has been scheduled for 16 August 2024. The experts have been in touch with the Government of Zimbabwe on the issue.
In response, Zimbabwean Government Spokesperson Ndavaningi Mangwana asserted on X (formerly Twitter) that Zimbabwe is a sovereign nation and will not tolerate interference in its internal affairs. Mangwana stated, “No country’s sovereignty can be compromised! The rule of law must be upheld within each nation’s borders. Even the United Nations Human Rights Council cannot interfere with the implementation of a country’s laws. Respect for sovereignty is paramount!”
On 18 April 2023 CHRD called on the Chinese government to immediately release human rights lawyer Yu Wensheng and his wife Xu Yan, who have been criminally detained and denied access to lawyers of their choice. CHRD also calls on the Chinese government to end its de facto house arrest of Yu Wensheng and Xu Yan’s 18-year-old son. CHRD urges the EU, EU member states, the US, UN bodies, and other member of the international community to forcefully condemn the Chinese government’s detention of Yu Wensheng and Xu Yan. See also: https://humanrightsdefenders.blog/2022/03/03/breaking-news-mea-laureate-yu-wensheng-released/
On April 13 at approximately 4:00 pm, human rights lawyer Yu Wensheng and his wife Xu Yan left their home in Beijing to travel by subway to attend an event at the European Delegation. They were invited to an event with the EU’s Ambassador to China Jorge Toledo Albiñana according to Politico.
However, Yu and Xu were prevented from accessing the subway by four plainclothes police officers. One of the officers, a state security police officer, told them that they were being summoned to a police station, which Yu Wensheng announced on Twitter. The four police officers took them to the Shijingshan Bajiao police station. Human rights lawyers Wang Quanzhang, Li Heping, and Bao Longjun were also harassed by authorities during this period.
The EU Delegation to China tweeted on April 13, “We demand their immediate, unconditional release. We have lodged a protest with MFA [China’s Ministry of Foreign Affairs] against this unacceptable treatment.”
According to Rights and Livelihood Watch, on April 15 in the evening, approximately seven police officers came to Yu Wensheng and Xu Yan’s home, and they orally read a criminal detention notice to the couple’s son, who had just turned 18 years old. The pair were criminally detained on the charge of “picking quarrels and provoking trouble.” Police would not allow the son to take photos, nor would they give him the criminal detention notice. Also, even though no warrant was presented, police proceeded to search the home and carried off many items.
On April 16, two lawyers, Song Yusheng and Peng Jian, paid a visit to Yu and Xu’s son to bring him fruit, and fill out paperwork to obtain legal status to represent Yu and Xu. There were two people guarding the door of Yu and Xu’s home. Lawyer Song knocked on the door, and it was answered by the son, but the lawyer saw that in the home there were also two officers inside, one plainclothes and one wearing a uniform. The plainclothes officer, who said his name was Lu Kai, asked what they wanted. The lawyers said that they were there to visit the son and have him sign an agreement (委托书) to entrust them as lawyers. However, the plainclothes police officers said that Yu Wensheng told them that he “doesn’t want to have lawyers at this stage” and that Xu Yan had already found two lawyers.
Yu Wensheng’s detention may also be related to his condemnation of the sentencing of Xu Zhiyong and Ding Jiaxi, two prominent pro-democracy figures. On April 12, Yu Wensheng wrote on Twitter that he had been visited at his home by Shijingshan police for a tweet he had sent out on April 9 that said, “[I] strongly condemn the Chinese authorities heavy sentence of scholar Xu Zhiyong to 14 years and of Lawyer Ding Jiaxi to 12 years! I pay my respects to Xu Zhiyong and Ding Jiaxi, who have worked hard in the struggle for freedom, democracy, human rights, and the rule of law. I believe that one day the Dream of a Beautiful China will be realized.”
In March 2022, Yu Wensheng was released from prison after serving four years and three months on the charge of “inciting subversion of state power.” Yu was taken away by police in 2018 the day after he released an open letter recommending changes to China’s Constitution, including a call for elections and the creation of an oversight system for the Chinese Communist Party.
The Chinese government has put heightened pressure on human rights award winners. Yu Wensheng was the recipient of the prestigious Martin Ennals Award in 2021 [see: https://www.trueheroesfilms.org/thedigest/laureates/69fc7057-b583-40c3-b6fa-b8603531248e] and the winner of the Franco-German Prize for Human Rights and the Rule of Law in 2018. Previous winners of awards have been subjected to extra-legal abuse. While Nobel Peace Prize Laureate Liu Xiaobo was at one point granted “medical parole,” he was not allowed the freedom of movement to seek medical treatment outside of China and died in de facto state custody. Likewise, Hu Jia, a prominent human rights defender and winner of the Sakharov Prize for Freedom of Thought in 2008, was prevented from seeing his dying father in his final days. Hu Jia was deprived of his liberty and “forcibly traveled” starting from March 4 of this year. Being “traveled” is a common tactic used by state security officers to ensure journalists at the annual March Two Sessions meetings or other “sensitive” political events do not talk to dissidents. Hu Jia’s father passed away from pancreatic cancer on March 9, 2023.
The Chinese government is preventing defendants in sensitive cases from having lawyers of their own choice and instead mandating government-approved lawyers in order to prevent real legal defense. On February 10, 2023, digital rights activist Ruan Xiaohuan was sentenced to seven years in prison on the charge of “inciting subversion of state power.” His wife, Ms. Bei, wanted to hire an experienced lawyer for the appeals stage, and so she went to Beijing to talk with Shang Baojun. However, upon landing in Beijing, she was taken away by eight Shanghai police. Meanwhile lawyer Shang Baojun tried to visit Ruan at the Yangpu Detention Center in Shanghai, but staff there would not allow for the visit since they claimed that Ruan already had two legal aid lawyers.
The Network of Chinese Human Rights Defenders, on 10 April 2023 condemned the Chinese government’s sentencing of Ding Jiaxi and Xu Zhiyong, two of China’s most notable human rights defenders. “Their sentencing once again demonstrates the Chinese government’s hostility to peaceful advocacy of democracy and human rights, and marks a new low in the Chinese government’s human rights record,” said Ramona Li, Senior Researcher and Advocate for the group.
On April 10, the Linshu County Court sentenced Ding Jiaxi to 12 years imprisonment and 3 years deprivation of political rights, and Xu Zhiyong to 14 years imprisonment. The court, located in Shandong province, found both guilty of the crime of subverting state authority following closed-door trials.
The government consistently violated their rights under international and Chinese law throughout their detention and trial. Both Ding Jiaxi and Xu Zhiyong had been held in prolonged pre-trial detention for over three years, including periods in a form of incommunicado detention referred to as “residential surveillance in a designated location” where both were subjected to torture. Ding Jiaxi’s lawyers attempted multiple times to have the court dismiss his “confessions” as illegally obtained evidence because of they had been extracted under torture; the court rejected these motions.
Ding Jiaxi and Xu Zhiyong were refused access to lawyers for the first thirteen months of their detention, and their attorneys were refused copies of the files containing the information on which the charges were based. Witnesses cited by the prosecution, Wang Jiangsong and Dai Zhenya, publicly refuted testimony that the prosecution alleged they had provided. Family members said that authorities charged the two in Linshu county, far away from Beijing, to avoid public scrutiny of the case.
Ding Jiaxi and Xu Zhiyong were active in the New Citizens Movement, which promoted a form of civic engagement through grassroots advocacy for the implementation of the civil and human rights based on China’s laws and constitution. They were both detained amid a crackdown on human rights activists and lawyers following an informal gathering in southern Fujian province in December 2019.
Ding Jiaxi is also a Beijing lawyer who has provided support to many of the most marginalized and underprivileged groups in China, including education rights for the children of migrant workers and grassroots petitioners appealing to central government officials as a last resort to address wrongdoing by local officials. Xu Zhiyong was also a prominent lawyer who was an instrumental figure in pushing through legal reforms defending the rights of China’s internal migrant population. [see also: https://humanrightsdefenders.blog/2020/03/24/un-experts-alarmed-over-chinas-missing-human-rights-lawyers-victims-of-rsdl/]
In a pre-written statement released before his sentencing, Ding Jiaxiconnected his work to his belief in the possibility of China’s “peaceful, rational, and non-violent” transition from an authoritarian state. He wrote: “No matter the many who have doubted me or the difficulties and setbacks I’ve encountered, including physical torture that I’ve suffered, I will not part from my steadfast convictions.”
In his own statement, Xu Zhiyong described his hopes for a liberal democratic China with free elections, equal access to education and job opportunities, and social support for even the poorest to have “enough to live a dignified life.” He said he had simply “called on Chinese people to become real citizens,” and explained the urgency of doing so, saying “we cannot saddle the next generation with this duty.” [see also: https://humanrightsdefenders.blog/2014/01/24/xu-zhiyongs-closing-statement-to-the-court-a-remarkable-document/]
Both Ding Jiaxi and Xu Zhiyong should be immediately and unconditionally released per the recommendation of UN human rights experts, who have found that the two have been arbitrarilydetained in violation of international law. UN human rights experts have further characterized the crime of “subversion of state authority” as being so broadly worded that charges under the crime fail to provide adequate due process to the extent that they are in violation of the Universal Declaration of Human Rights.
“The heavy sentencing of Ding Jiaxi and Xu Zhiyong is a travesty of justice. At every step, Chinese authorities have taken the wrong turn: from detaining them in secret, torturing them, falsifying witness testimony, putting them on trial in secret, and now this heavy sentence,” said William Nee, Research and Advocacy Coordinator for CHRD.
“Democracies and international organizations around the world must stop paying only lip service to human rights. They must take concrete and credible measures to gain the release of Xu Zhiyong and Ding Jiaxi, as well as the thousands of prisoners of conscience in China, in the Tibetan and Xinjiang regions and Hong Kong,” said Renee Xia, CHRD executive director.
NOGs (such as Human Rights Watch and the Human Rights Foundation) have condemned the arrest of Cardinal Joseph Zen, as well as the lawyer Joseph Zen, the singer Denise Ho and the scholar Hui Po-Keung, for having maintained contacts with foreign forces in Hong Kong.
HRW Senior China researcher Maya Wang, said that “the arrest of a 90-year-old cardinal is the latest example of the city’s human rights freefall in recent years.”
The four, along with former lawmaker Cyd Ho, who is already in jail, were part of the 612 Humanitarian Aid Fund, which provided medical, legal and psychological help to protesters arrested during the 2019 pro-democracy protests in Hong Kong. Kong.
Denise Ho, Margaret Ng, and others affiliated with Stand News, an independent pro-democracy online publication, were previously arrested by national security police in December 2021 under allegations of publishing “seditious” and “inflammatory” materials. Denise Ho formerly served on the board of Stand News, but stepped down in November 2021. Meanwhile, the 612 Humanitarian Support Fund ceased operations in October 2021 after national security police and Chinese state-backed media requested information on its beneficiaries and donors.
Maya Wang has specified that Hong Kong has “long been a regional leader in openness and respect for the rule of law, but now competes for the first places in Asia for repression and political prisoners.”
“The people of Hong Kong have been unequivocal in their demand for human rights, and governments around the world should be unequivocal in their response to that call,” concluded the HRW researcher.
On 8 March 2022 the Observatory for the Protection of Human Rights Defenders, a partnership of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests an urgent intervention in the Philippines.
The Observatory has been informed by Karapatan Alliance Philippines (Karapatan) about the arbitrary detention and judicial harassment of Dr. Maria Natividad Marian “Naty” Castro, a public health practitioner and human rights defender. Ms. Castro has worked in the poorest and most marginalised areas in the Philippines as a community-based health worker. She has also worked for the defence of community rights of the indigenous Lumad and is a former National Council member of Karapatan.
In February 18, 2022, officials of the Philippine National Police (PNP) and the Philippine Army (PA) arbitrarily arrested Ms. Castro at her residence in San Juan City, Manila. The members of the PNP and PA presented an arrest warrant issued by the Regional Trial Court Branch 7 of Bayugan City, Agusan del Sur, in January 2020, on charges of “kidnapping” and “serious illegal detention” (Criminal Case No. 6527), filed by public prosecutor Genesis Efren in March 2019. Ms. Castro, together with 540 other individuals, is being accused of kidnapping and detaining an unknown individual in Barangay Kolambungan, Sibagat, Agusan del Sur Province, on December 29, 2018.
Following her arrest, Ms. Castro was taken to the San Juan City Police Station and then moved to the Quirino Memorial Medical Center in Quezon City to undergo medical examination. She was subsequently brought to the PNP’s headquarters in Camp Crame. However, neither her family members nor legal counsels were allowed to have contact with her, and their requests to bring her medicine for hypertension and diabetes were dismissed.
On the same day in the afternoon, Ms. Castro was flown to the island of Mindanao without her family or legal representatives being informed. On February 19, 2022, the authorities held Ms. Castro incommunicado. Only after multiple calls from her family and legal representatives, the PNP disclosed that Ms. Castro was being held at the Bayugan City Police Station in Agusan del Sur Province.
On the afternoon of February 20, 2022, Ms. Castro’s family and legal counsel were able to visit her and bring her medicines. On February 22, 2022, the Regional Trial Court Branch 7 of Bayugan City ordered her transfer to the Agusan del Sur Provincial Jail, where she was still being detained pending trial at the time of publication of this Urgent Appeal.
Ms. Castro’s lawyers filed a petition for bail and a motion to dismiss the charges against her. Both requests were pending before the court at the time of publication of this Urgent Appeal.
The Observatory for the Protection of Human Rights Defenders notes that since November of 2020, Ms. Castro has been a victim of red-tagging. Her name and picture have been circulated on social media platforms in Lianga, Surigao del Sur Province, falsely accusing her of being a “communist”, a “terrorist”, and a member of the New People’s Army (NPA).
Human rights defenders in the Philippines have been subjected to trumped-up charges and lengthy pre-trial arbitrary detention. Karapatan members have been subject to frequent harassment, criminalisation, and attacks, including the killing of Ms. Zara Alvarez and the arbitrary detention of Teresita Naul, Alexander Philip Abinguna, Nimfa Lanzas, and Renayn Tejero. Ms. Naul was released on October 28, 2021, after 18 months of arbitrary detention. Mr. Abinguna and Mses. Lanzas and Tejero remain detained. See also: https://humanrightsdefenders.blog/2021/05/27/william-zabel-human-rights-award-2021-to-philippines-ngo-karapatan/
Responding to the arbitrary arrest of prominent Vietnamese human rights defender Nguyen Thuy Hanh on 7 April , Ming Yu Hah, Amnesty International’s Deputy Regional Director for Campaigns, said: “The arrest of Nguyen Thuy Hanh is a blatant and politically-motivated attempt to silence one of the most respected human rights advocates in the country. Nguyen Thuy Hanh is an inspiring activist who has worked tirelessly to support unjustly detained persons in Viet Nam. Despite police beatings and years of harassment, she has remained steadfast in her efforts to help and support those in desperate need. Vietnamese jails are notoriously overcrowded and fail to meet minimum international standards. It is a travesty that Nguyen Thuy Hanh is being targeted for her humanitarian work in support of unjustly detained prisoners. She should be celebrated and supported for this work – not punished.
“We urge the Vietnamese authorities to immediately and unconditionally release Nguyen Thuy Hanh and to end their relentless attacks on human rights defenders and peaceful critics. Authorities must respect, protect, promote and fulfil the rights to freedom of expression, peaceful assembly, and association.” [see also yesterday’s: https://humanrightsdefenders.blog/2021/04/08/worries-about-rsf-laureate-pham-doan-trang-jailed-in-vietnam/
Nguyen Thuy Hanh is a human rights defender from Ha Noi. She founded the 50K Fund in 2017, through which she fundraised support for the families of unjustly detained persons across Viet Nam. In 2019 she won the Le Dinh Luong Human Rights Award an award given by the U.S.-based opposition party Viet Tan for her work supporting the families of prisoners of conscience.
She was arrested on 7 April 2021 and charged under Article 117 of the Criminal Code for “making, storing, or spreading information, materials or items for the purpose of opposing the State of the Socialist Republic of Viet Nam”, carrying a potential prison sentence of between five and 20 years.
Nguyen Thuy Hanh is also a vocal advocate for human rights with a popular Facebook account, where she frequently discusses human rights issues. She has faced multiple instances of harassment in retaliation for her peaceful human rights activism.
Nguyen Thuy Hanh nominated herself as an independent candidate for Ha Noi City in the 2016 National Assembly election. Since then, she has been subjected to harassment and intimidation on many occasions. Amnesty International recently called on the Vietnamese authorities to end their mounting crackdown on independent candidates and other critical voices ahead of the 2021 National Assembly election.
In January 2020, when police raided the village of Dong Tam in Ha Noi, leading to a deadly conflict, Nguyen Thuy Hanh fundraised for the family of a village leader who was killed by security forces. In retaliation, her bank account was frozen, with her bank reportedly telling Nguyen Thuy Hanh that police forced them to do so.
In June 2018, while engaging in a peaceful protest against the Law on Cybersecurity and the Law on Special Economic Zones, Nguyen Thuy Hanh was arrested and detained by police. She reported afterwards that she was severely beaten during the interrogation which resulted in injuries to her face. Police have also interrogated Nguyen Thuy Hanh on her work relating to the 50k Fund on many occasions.
Amnesty International’s 2016 report, Prisons Within Prisons, documented the widespread torture and other ill-treatment which prisoners of conscience are subjected to in Viet Nam.
Living close to Turkey, I follow the situation there perhaps with more worry than others. And nothing good seems to happen:
Turkish police detained three district heads of the pro-Kurdish Peoples’ Democratic Party (HDP) and seven others in Istanbul on Friday over alleged links to militants, police said, two days after a court case began over banning the party.
Separately, Turkey’s Human Rights Association (IHD) co-chairman Ozturk Turkdogan was arrested by police at his home, IHD said, prompting human rights groups to call for his release. Turkdogan was then released on Friday evening, the association said.
Responding to the arrest today of Öztürk Türkdoğan, the president of Turkey’s Human Rights Organisation, Esther Major, Amnesty International’s Senior Research Adviser for Europe, said:
“The detention of Öztürk Türkdoğan is outrageous. With ink barely dry on the Human Rights Action Plan announced by President Erdoğan two weeks ago, his arrest reveals that this document is not worth the paper it is written on.
After over three years in jail without a conviction, one of Turkey’s highest-profile detainees, Osman Kavala, is “not optimistic” that President Tayyip Erdogan’s planned reforms can change a judiciary he says is being used to silence dissidents. A philanthropist, 63-year-old Kavala told Reuters that after decades of watching Turkey’s judiciary seeking to restrict human rights, it was now engaged in “eliminating” perceived political opponents of Erdogan’s government. Kavala was providing written responses via his lawyers to Reuters’ questions days after Erdogan outlined a “Human Rights Action Plan” that was said will strengthen rights to a free trial and freedom of expression. See: https://humanrightsdefenders.blog/2020/09/16/osman-kavala-and-mozn-hassan-receive-2020-international-hrant-dink-award/ and
Not surprisingly this is leading to reactions, such as a bipartisan letter penned by 170 members of the US Congress to Secretary of State Antony Blinken, in which the lawmakers have urged President Joe Biden’s administration to consider the “troubling human rights abuses” in Turkey. “President Recep Tayyip Erdogan and his Justice and Development Party have used their nearly two decades in power to weaken Turkey’s judiciary, install political allies in key military and intelligence positions, crack down on free speech and (the) free press,” the letter said. Dated 26 February but made public on 1 March, the letter asks Washington to formulate its policy regarding Turkey considering human rights, saying that the Erdogan administration has strained the bilateral relationship.
On top of this Turkey has pulled out of the world’s first binding treaty to prevent and combat violence against women by presidential decree, in the latest victory for conservatives in President Recep Tayyip Erdogan’s ruling party. The 2011 “Istanbul Convention| [SIC], signed by 45 countries and the European Union, requires governments to adopt legislation prosecuting domestic violence and similar abuse as well as marital rape and female genital mutilation. Conservatives had claimed the charter damages family unity, encourages divorce and that its references to equality were being used by the LGBT community to gain broader acceptance in society. The publication of the decree in the official gazette early Saturday sparked anger among rights groups and calls for protests in Istanbul. Women have taken to the streets in cities across Turkey calling on the government to keep to the 2011 Istanbul Convention.
Gokce Gokcen, deputy chairperson of the main opposition CHP party said abandoning the treaty meant “keeping women second class citizens and letting them be killed.” “Despite you and your evil, we will stay alive and bring back the convention,” she said on Twitter. Last year, 300 women were murdered according to the rights group We Will Stop Femicide Platform. The platform called for a “collective fight against those who dropped the Istanbul convention,” in a message on Twitter. “The Istanbul convention was not signed at your command and it will not leave our lives on your command,” its secretary general Fidan Ataselim tweeted.
Kerem Altiparmak, an academic and lawyer specializing in human rights law, likened the government’s shredding of the convention to the 1980 military coup. “What’s abolished tonight is not only the Istanbul convention but the parliament’s will and legislative power,” he commented.
On 17 a blog post in hrcessex by Sarah Mui profiles Muay: “A Fierce Woman Human Rights Defender”
Houayheung (“Muay”) Xayabouly is not only a mother, small business owner and the primary breadwinner of her family, but shehas also been breaking down stereotypical gender roles by being a fierce human rights defender and environmental activist in Laos.She is viewed as a public figure among her community because of her work to shed light onto the countless human rights violations that she and fellow Lao people have endured at the hands of the national government. In 2019, the Lao government decided to make an example out of Muay and unjustly sentenced her to five years in prison, for which she was stripped of all fair trial guarantees. In honor of International Women’s Day and Women’s History Month, I urge all who read this to remember her name, learn her fight and spread awareness to demand that all charges be dropped and Muay be set free.
Photo courtesy of Manushya Foundatio
In 2017, Muay began raising awareness on social media over the excessive tolls that she along with other people in her community were being charged when crossing a bridge on the border of Laos and Thailand. The cost of the toll was equivalent to several meals, but Lao people relied on it to travel to and from work each day, including Muay herself. It turned out that the Lao government had given the private international company, Duangdee, the concession to charge the toll when it constructed the bridge in the first place. This concession left her community in an impossible situation where they were perpetually indebted to this private company who took advantage of the bridge’s necessity. Muay’s video about the toll deeply resonated with the Lao people, who agreed that the government benefited from the financial relationship with Duangdee. This made Muay realize the importance of using her voice to speak up for Lao people, and it was then that she made the decision to dedicate her life to fighting for them.
The Lao government did nothing in response to their people’s outcry over the excessive tolls, but rather chose to focus attention on finding ways to intimidate Muay. Soon after the video went viral, the police were sent to her location to warn her to not criticize it.
In 2018, Muay challenged the Lao government over the corrupt hiring practices of public sector and governmental positions in that they were being appointed on the condition of bribes instead of through proper hiring procedures. This was quite personal for Muay because her own brother had been deeply impacted by this practice. He had always aspired to become a police officer but was cheated out of money and the position of his dreams due to these dishonorable practices. Muay’s video discussing the topic received over 320,000 views as of July last year.
Soon after Muay’s widely viewed video, she was fired from her job as a tour guide for “unknown” reasons other than the fact her employer had been mysteriously pressured to do so.
Muay was not going to let the government deter her from helping Lao people. Later that year, she decided to create a school for Lao children to address the dire inequalities that they faced in accessing education. The current practice was for parents to pay a bribe to secure a spot for their children, otherwise they could not provide them an education. She started multiple fundraisers to accomplish this goal, including selling shirts that said, “I don’t want to buy government positions,” referencing the Lao government’s corrupt hiring practices in addition to holding a concert featuring a number of local performers.
Again, instead of actually listening to the suffering of its people, the government chose to continue to try to intimidate Muay by shutting down the fundraising concert and prohibiting the selling of shirts.
The year 2018 was also troubling because that summer a dam collapsed in Attapeu Province, which led to numerous deaths, disappearances and displacements of Lao people. The government purportedly underreported the impact of the collapse and restricted access to the scene by the media and independent aid organizations. Muay decided to take matters into her own hands and post her own videos of the disaster and its significant effect on the community.
In response to the shocking video, Muay was called to the police station and was told to cease all criticism of the Lao government.
Around the same time, Muay had learned that donations for the impacted families of the dam collapse were being sold by Lao police for their own monetary gain. She could not allow her community to suffer so she started collecting donations for them herself. She documented and shared this all on social media.
Within a few days, the Lao government issued a press statement advising the public against reading “unofficial news” about the collapse.
In the autumn of 2019, the Lao people who lived close to the dam were again harmed after a tropical storm caused major flooding, leaving over 100,000 displaced from their homes. Again, disturbed by the Lao government’s indifference towards its people, Muay posted another video calling the government out for its slow response and its lack of preventative measures which could have mitigated the storm’s impact.
Around the same time, the Lao government sent police to arrest Muay without a warrant while she was dining at a restaurant. She tried to post a video about what had happened, but she was forced to delete it. She was then placed in pre-trial detention long before her hearing and was denied an impartial lawyer and the ability to challenge her detention. She was subject to repeated long interrogations where she was coerced to confess to “spreading propaganda against the Lao government.” She was subsequently sentenced to five years in prison, for which she visitation has been limited and closely monitored. She has not been able to see her young daughter but a handful of times and international NGOs have been completely barred.
Photo courtesy of Manushya Foundation
The Lao Government is Using Muay as an Example to Silence Dissent
Muay is a strong and dedicated woman human rights defender and environmental activist who has fought endlessly for her community. Instead of taking accountability and listening to the suffering of its people, the Lao government has instead chosen to turn a blind eye to its human rights obligations and punish Muay for her significant contributions to her country. Until now, Muay’s story has only been made available by a few NGOs working hard to shed light onto her fervent advocacy and now wrongful detention. To spread the word about her fight, please share this blog, follow #FreeMuay and visit this link to demand that Muay be set free!
About the Author: Sarah Mui is an American human rights lawyer currently in the LLM for International Human Rights Law program at the University of Essex. She is also a research assistant with the Manushya Foundation located in Bangkok. Sarah hopes to work in the field women’s rights upon graduation.
Sunday March 7 2021 an initial hearing was held in the court at Trujillo, Colón, in which Marianela Solórzano and Jennifer Solórzano, women human rights defenders belonging to the Black Fraternal Organization of Honduras (OFRANEH), are on trial. Both were arrested by the Public Security Force (FUSEP) on March 3rd, and charged with damages, threats, robbery and usurpation of lands.
In the trial records they are incriminated for the offenses of land usurpation, involving other Garifuna defenders, as well. The charges against them are related to the historic process of resistance by the Garifuna people to the plunder of their lands. Private businesses and governments alike have participated in the illegal appropriation of the ancestral territory of the Garifuna people, particularly the ownership of more than seven thousand hectares of land in the Cristales and Rio Negro communities confirmed by ancestral property deeds.
Marianela is a defender of the rights of the LGBTI Garifuna community, and Jennifer, a defender of the ancestral Garifuna territories. Their arrests took place in the context of the continuous persecution and attacks against the Garifuna people organized in OFRANEH.
Historically, the communities belonging to OFRANEH have been the target of harassment, threats by armed groups, assassinations, and the disappearance of community leaders, among other highly serious rights violations. During the last ten years, these have only worsened due to the authoritarian criminal government model headed by Juan Orlando Hernández. Eight months ago, five Garifuna comrades were disappeared by armed men wearing uniforms of the Office of Police Investigations (DPI) of Honduras. As of now, their whereabouts are unknown.
National Network of Women Human Rights Defenders in Honduras, the Mesoamerican Initiative of Women Human Rights Defenders (IM-Defensoras), and many other groups and networks of women human rights defenders in Mesoamerica, as well as the FIDH call on all feminist and LGBTI social movements and the international community to stay on the alert for developments in this case and to demand a hearing with full guarantees for the rights of the criminalized Garifuna defenders.
Americans for Democracy and Human Rights in Bahrain (ADHRB) posted on 18 the following profile on Hasan Radhi AlBaqali who was a 28-year-old security personnel at a private company when he was arrested by Omani authorities on 22 February 2016 at Muscat Airport Oman based on Bahrain’s allegations, via INTERPOL, that he was a fugitive from justice. During his detention, he was subjected to torture and to several human rights violations. Recently, his health condition has been deteriorating, and he has not been provided with adequate medical care. He is currently held in Jau Prison.
At the end of 2012, Hasan left Bahrain into exile. While being in exile between 2012 and 2016, he was convicted in absentia with: 1) Disturbing the peace, 2) rioting, 3) placement of objects resembling explosive devices, 4) arson, 5) possession and fabrication of combustible or explosive materials, 6) possession of arms, 7) travelling to Iran to receive military training, and 8) membership in a terrorist cell. Consequently, he was sentenced in absentia to nearly 100 years in prison. It is believed that Hasan’s conviction was due to his peaceful participation in the 2011 pro-democracy protests in Bahrain.
On 22 February 2016, airport security officers at Muscat Airport Oman arrested Hasan based on Bahrain’s allegations, via INTERPOL, that he was a fugitive from justice. Then, he was turned over to Bahraini security forces, who put him aboard one of their private planes, drugged him via several injections which knocked him unconscious, and flew him back to Bahrain. His personal belongings including phone, money, passport, and national ID card were taken from him en route and have not since been returned to him or his family. After arriving in Bahrain, Hasan was transferred to the Criminal Investigations Directorate (CID) building in Adliya.
From the date of arrest till the next day, 23 February, Hasan was subject to enforced disappearance until 10 p.m. of 23 February when he was able to call his family, telling them that he was in the CID building. The family received this call after multiple attempts to reach him through the Omani Embassy and through several human rights organizations.
Hasan was interrogated for 15 days between the CID and Building 15 of Jau Prison, where he was tortured by National Security Agency (NSA) officers and CID officers in order to give a false confession. He was beaten on his head, neck, and stomach, subjected to electric shocks to his testicles, placed naked in a cold room and submerged in cold water, deprived from sleep, and threatened with his life and wife. As a result, he confessed to the charges attributed to him. During this period, Hasan’s lawyer was unable to attend the interrogations, and Hasan was unable to meet his parents. Instead, he was able to only call them four times during this entire period, where the duration of each call was less than one minute.
Hasan was prevented from attending his trial, and he was brought to court once but was forced to remain in the police vehicle outside under the pretext that there were not enough police officers present to guard him inside the courtroom. Consequently, he was convicted in November 2016 of attempting to kill a policeman, although he was outside Bahrain when this incident happened. Therefore, he was sentenced to an additional 7 years in prison. Hasan appealed his sentence, and on 2 February 2017, the Appeals Court reduced his sentence from seven years to five years. On 15 May 2018, in an unfair mass trial that involved 138 individuals, the Bahraini Fourth High Criminal Court convicted Hasan of: 1) training to the use of firearms and explosive devices for terrorist purposes, (2) possession of firearms without a license and using them for purposes contrary to safety and public order for terrorist aims, and (3) the charge of joining a terrorist group, Zulfiqar Brigades, whose purpose violates the provisions of the constitution. Consequently, he was sentenced to another 7 years in prison, in addition to the revocation of his nationality.
In November 2016, following the issuance of the seven-year sentence against him, Hasan was subjected to a second and more severe round of torture. He was beaten on his head, stomach, and waist, and he was repeatedly electroshocked on his testicles. This torture led to a severe deterioration in Hasan’s health. He suffered from loss of focus due to frequent head injuries, severe injury to his testicles as he began to urinate blood, and chronic abdominal pain.
At that point, the Office of the Public Prosecutor (PPO) ordered that he be examined at Salmaniya hospital. The decision may have been motivated by the fact that Hasan’s sister filed complaints with both the Office of the Ombudsman and the Special Investigations Unit. An examination at the hospital on 19 November 2016 found that he had suffered “testicular trauma,” with edematic swelling of the left testicle and epididymis to more than one third larger than the normal size. He was removed from the hospital and returned to prison before he could complete a proper course of treatment, and the family has not been given full access to his hospital records. The PPO insists that the medical records should stay under their custody and that if the family wants any medical information they should seek it through the prosecutor’s office. Throughout this second round of interrogations, Hasan was also denied access to an attorney, was not allowed to receive visits from his family, and his phone calls to family were limited to a single minute.
Recently, Hasan’s health has been deteriorating since the injuries sustained from torture were not treated properly. He was seeing blood in his urine and feces as well as feeling severe pain in his stomach, kidneys, and bladder. In light of this, in the beginning of January, he was taken to an appointment in the Military Hospital and did the PCR test ahead of a surgery for varicose in his testicles which was scheduled for the third week of January 2021. However, instead of being returned to Building 14 and placed in isolation, he was taken to solitary confinement in the isolation building, Building 15 of Jau Prison. He was not informed of the steps to be followed ahead of the surgery, leaving him with no knowledge about his situation. Additionally, he was not given any medication to ease the pain he was feeling. Finally, within the closed cell, he could not know day from night and as such could not pray. These conditions took a psychological toll on Hasan since the pain, coupled with the isolation and lack of knowledge about his fate, brought him to the point of hysteria. Furthermore, he had been prohibited from contacting his family since his transfer, therefore making him forcibly disappeared. He was only able to call them on 16 January after going on a hunger strike in order to pressure authorities to grant him the right to call. In that call, he explained to them what occurred over the last two weeks and requested that they contact governmental bodies in order to alleviate his suffering. Although the family did contact the Ombudsman Office, because they are not routinely informed about his medical situation, they could not provide all the relevant information.
Hasan’s arrest, confiscation of his belongings, torture, unfair mass trial, denial of medical treatment, and enforced disappearance violate both the Bahraini Constitution as well as international obligations to which Bahrain is party, namely, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the International Convention on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Since Hasan was arrested for political reasons and given that his conviction depended on forced false confessions, we can conclude that he is arbitrarily detained by Bahraini authorities.
Accordingly, Americans for Democracy & Human Rights in Bahrain (ADHRB) calls on Bahraini authorities to uphold their human rights obligations by investigating all allegations of torture, enforced disappearance, and denial of proper medical treatment to ensure accountability. ADHRB also demands that Hasan be provided with the required medical treatment for all the injuries and health problems resulting from torture within safe and healthy conditions. ADHRB reiterates its demand for Bahraini authorities to release Hasan immediately, along with all political prisoners that were tried based on confessions taken under torture.
Hans Thoolen on Human Rights Defenders and their awards 