Posts Tagged ‘arbitrary arrest’

Teo Soh Lung: Human Rights Defender from Singapore

February 5, 2016

This month’s profile of a human rights defender in the ISHR Monitor is that of  Teo Soh Lung, Director of Function 8 Limited. The interview was conducted during the Universal Periodic Review (UPR) of Singapore.

Soh Lung started her career as a lawyer with no intention of becoming a public figure, but ‘I always felt that as lawyers we should do more than just earn a living.’  Early in her career Soh Lung worked at a Catholic centre, a form of half-way house, which assisted people ranging from migrant workers, Filipino domestic workers to former convicted offenders. ‘We were happily busy doing this kind of work, not thinking that we were ‘defenders’ as such.’ 

In the early 1980s, Soh Lung became active in the Law Society of Singapore and with a number of other lawyers established the criminal legal aim scheme. In association with the Law Society she started to comment on bills proposed by the Government. ‘We thought, as lawyers we should assist the Government by commenting on bills. Singapore was a one-party State at this time. However, the Government did not want to hear our opinions and soon afterwards a law was passed which restricted our right to comment on bills.’  

On 21 May 1987 Soh Lung was arrested without charge as permitted by the Internal Security Act (ISA). Around this time 21 other young people including lawyers involved in the Law Society were also arrested. ‘I was accused of trying to overthrow the Government and manipulating the Law Society – I was made out by the Government to be the ring leader.’ 

Months later, those detained were released. Given no one knew the truth about what had transpired, 9 out of the 22 arrested decided to publish a press statement which denied the Government’s story and confirmed that they had been tortured while in detention. The next day the 8 of the 9 were re-arrested (the ninth was out of the country). ‘Our cells were incredibly dirty. There were slits for air. I was in solitary confinement the entire time, other than a lizard and insects that kept me company.’ 

While detained, Soh Lung commenced habeas corpus proceedings, arguing that she had been unlawfully detained. ‘Initially Francis Seow, the former Solicitor General, represented my case. However, when he came to the prison to interview me he himself was arrested because he was communicating with international human rights bodies and the American Ambassador – the Government alleged he was receiving money from the CIA. He spent 72 days in jail.’ Soh Lung referred to the difficultly she had finding lawyers to represent her. ‘Historically anyone that represented ISA detainees were then detained themselves.’

When the Court handed down its decision, it decided Soh Lung’s case on technical grounds. This meant that her substantive argument had not been considered – and most importantly – that she could be re-arrested as and when the Government wished. ‘As soon as we stepped outside of the prison gate I was re-arrested. This was, and still is not, unusual. The judicial system doesn’t have any power to keep people free if the Government wants them to remain imprisoned.’  Soh Lung was in prison for another 2 years, during which time the law changed and the right to judicial review, as well as the Privy Council were abolished.

‘As a lawyer if you start a fight, you need to fight until the end. After my appeals of my re-arrests were unsuccessful and the change to the law, I realised there was nothing more I could do with the judiciary to ensure my release. In 1990 after two years of detention, I was released with restrictions.’   It took Soh Lung 20 years to publish the book she wrote about her detention the year after she was released.

‘I knew people would continue to be treated as I was if I didn’t speak out about it. There were people who were arrested before me under the ISA, but I didn’t know about this when I was arrested. I wanted to create awareness within civil society.’  The civil society movement, and in particular ISA defenders, in Singapore went quiet in the 1990’s after Soh Lung’s arrest, but regained strength and became more active about the time of the release of her book and her story.

‘In 2013 there was an event on the 50th anniversary of Operation Cold Store during which names of those who had been arbitrarily detained were made public. A few years after the event, there were 1315 names on the list – which was initially a list of about 700. After all this time and among others who had similarly suffered, people had the strength to speak out about their experience.’ 

In 2010 Soh Lung and others detained with her established Function 8, an NGO which submits on indefinite imprisonment without trial that is currently permitted by three Singaporean statutes – the Internal Security Act, the Criminal Law (Temporary Provisions) Act and the Misuse of Drugs Act. Soh Lung travelled to Geneva as an observer on behalf of the Alliance of Like-Minded Civil Society Organisations in Singapore (ALMOS) during Singapore’s UPR. ‘We are excited about engaging more with the UPR. It is a new process for us. One which we believe can assist to hold Singapore accountable to its international obligations and bring about national change, and hopefully one day, the repeal of the ISA.’ 

Source: Defender profile: Teo Soh Lung from Singapore | ISHR

Ongoing police harassment against Imelda Urio and 35 other human rights defenders in Tanzania

November 23, 2015

With International Women Human Rights Defenders Day coming up (29 November) I will pay special attention to questions that concern them. Here a case of police harassment from Front Line concerning Tanzania:  Read the rest of this entry »

Thai journalist Pravit Rojanaphruk about (self)censorship under the junta

June 19, 2015

On 26 May 2015, at the 2015 Oslo Freedom Forum, Thai journalist Pravit Rojanaphruk describes his fight for democracy in his home country following the May 2014 military coup. Talking about his own arrest, Rojanaphruk denounces the limitations to the right to assembly, expression and movement in Thailand, as well as the regime’s efforts to build the illusion of a happy Thailand. Rojanaphruk concludes his presentation by reminding us that tolerance and dialogue are essential if Thailand is to become a democracy again.

for more on Thailand: https://thoolen.wordpress.com/tag/thailand/

#ForFreedom – worth a visit

May 19, 2015

This is an interesting website by the International Federation for Human Rights (FIDH) which allows you to quickly contact decision makers and other persons with influence to help free at least some arbitrarily detained human rights defenders.logo FIDH_seul

http://en.freedom-defenders.org

Nargess Mohammadi arrested in Iran

May 6, 2015

Just when one thinks that Iran is going to change for the better, human rights defender Ms. Nargess Mohammadi is arrested (after years of continuous judicial harassment, including repeated summoning, interrogations and trials.)

Several NGOs, including the Observatory for the Protection of Human Rights Defenders (FIDH/OMCT) have strongly condemned the 5 May arrest of Nargess Mohammadi, who is the spokesperson and Vice-President of the Defenders of Human Rights Centre (DHRC). Upon her arrest, the agents claimed that she was being taken “to serve her prison sentence”. [Mrs Mohammadi started to serve a 6-year prison sentence on 21 April 2012, but that she was released on bail on 31 July 2012 for medical reasons.]

On May 3, 2015, Ms. Mohammadi attended the first hearing of her trial based on three main charges against her:

  • “assembly and collusion against the national security” based on her activities in the DHRC and cooperation with “the [Nobel Laureate] Shirin Ebadi, counter-revolutionary and feminist groups”;
  • “spreading propaganda against the State” based on her “interviews with foreign and counter-revolutionary media participation in illegal gatherings, supporting sedition and anti-security inmates”; and
  • “membership of the illegal and anti-security LEGAM group”.

Following a meeting in 2014 with the then High Representative of the European Union for Foreign Affairs & Security Policy, Ms. Catherine Ashton, the Iranian authorities banned Ms. Mohammadi from travelling abroad; she has received 10 summons and has been detained twice by the security agents.

The Observatory strongly condemns arbitrary arrest of Ms. (…).

Sri Lanka releases prominent human rights defender on bail

March 11, 2015

<p>Tamil rights activist Balendran Jeyakumari (center) stands with supporters after being released on bail yesterday (Credit: ucanews.com) </p>

Tamil rights activist Balendran Jeyakumari (center) stands with supporters after being released on bail yesterday (Credit: ucanews.com)

So, maybe things are slowly changing in the right direction in Sri Lanka. On Tuesday 10 March, human rights defender, Balendran Jeyakumari, arrested 13  March last year,  was released on bail. [https://thoolen.wordpress.com/2014/03/19/sri-lanka-release-of-mr-ruki-fernando-and-rev-praveen-mahesan/]

Read the rest of this entry »

Call for the release human rights defender Mohamed Mchangama in Comoros

February 17, 2015
The New York based Human Rights Foundation on 11 February 2015 called on the government of the Comoros to release Mohamed Said Abdallah Mchangama, President of the Federation of Comorian Consumers (FCC).
HRF to the Comoros: Release Activist Mohamed Mchangama and Drop Incitement Charges Against Him

Mchangama is one of the leaders of the “Madji Na Mwendje” (power and water) movement, formed by the FCC and other civil society organizations to protest the government’s inability to resolve the frequent power blackouts and water shortages plaguing the island. The movement called on all Comorian civil society groups to engage in a three-day general strike scheduled for February 9-11. The Sunday before the strike was set to start, Mchangama was summoned to appear at the police station of Moroni where he was immediately arrested and is currently being held.

Civil society leaders like Mchangama are a threat to competitive authoritarian regimes because of their ability to channel people’s frustration at corrupt and incompetent governments. By arresting him, the government seeks to quash a legitimate demand from hundreds of thousands of Comorians living below the poverty line. He must be released immediately,” said Thor Halvorssen, president of the Human Rights Foundation. “We have seen similar instances of repressing freedom of expression in the region. In Burundi, Pierre Claver Mbonimpa was arrested for criticizing the ruling party during a radio interview; and in Swaziland Thulani Maseko and Bhaki Makubu were both arrested for questioning the independence of the judicial system. These are all legitimate concerns in any democratic society. It is these abusive governments that are at fault here, not the people,” said Halvorssen.

For more information contact: Jamie Hancock at jamie[at]thehrf.org or see the original piece:

HRF to the Comoros: Release Activist Mohamed Mchangama and Drop Incitement Charges Against Him | News | The Human Rights Foundation.

Nawaf Al Hendal: portrait of a human rights defender from Kuwait

February 9, 2015

“I recognise that I may never be granted these fundamental rights in my life time, but I want more for our children. We should promise them that.”

On 30 January 2015 the ISHR Bulletin did a good write-up on Nawaf Al Hendal, a Human rights defender from Kuwait.

The Universal Periodic Review of Kuwait took place at the Human Rights Council in Geneva on 28 January 2015. Prominent human rights defender, Nawaf Al Hendal, who travelled to Geneva for the review of Kuwait’s human rights record, was advised that an arrest warrant awaits him on return to Kuwait in connection with allegations of damaging foreign relations and using Twitter to insult lateSaudi King Abdullah. Nawaf discussed the situation for human rights defenders in Kuwait and the on-going threat of reprisals with ISHR.

Nawaf Al Hendal, the founder of Kuwait Watch, has been an active human rights defender in Kuwait since 2004. Nawaf’s drive to become a human rights defender initially arose when he witnessed his colleagues being subject to unfair work standards imposed by his employer at the time. Nawaf could not allow his colleagues’ rights to be eroded without any resistance. For this reason, when his colleagues felt unable to do so, Nawaf decided to fight for the protection of their rights.

‘I love my country and its people. I believe that every person in Kuwait should have access to fundamental and equal rights.’

When Nawaf realised he was able to have an impact in the protection of his colleagues’ rights, his focus extended to the protection of people’s rights more generally in Kuwait.

Nawaf is well known for his work defending the rights of stateless persons, including the Bedouin community who are deprived of the right to employment, education and healthcare in Kuwait. Nawaf, now through Kuwait Watch, is active in engaging with the UN human rights system, including making submissions to the UPR, various treaty bodies and States active in the human rights system, as well as international NGOs. Kuwait Watch also actively engages in grass roots advocacy, including organising peaceful protests and consulting with employers and medical practitioners to gain employment and medical care for Bedouin people.

Nawaf is adamant about the importance of social media in the work of human rights defenders.

‘We use social media to demonstrate the restrictions on fundamental freedoms placed on people in Kuwait to the rest of the world. We also use social media to make it clear to the Kuwaiti authorities that we will continue to defend the rights of all people in Kuwait.’

Overall, Nawaf considers that his work thus far has not gone unnoticed by the Kuwaiti authorities. Despite the troubling implications for Nawaf as an individual, he considers that the fact that a warrant for his arrest was issued simultaneously with his travel to Geneva for the periodic review of Kuwait is indicative of the Kuwaiti Government’s concern in relation to the increasing influence of Kuwaiti human rights defenders.

Nawaf explains that his advocacy is not politically driven, it is rights driven. He emphasised that Kuwait Watch is not seeking a political transformation in government but simply the development of legal protections for people in Kuwait.

‘We [Kuwait Watch] commended the Kuwaiti Government’s decision to make primary and intermediate education free and compulsory for children and prohibit children under the age of 15 years from working.’

The prosecution of human rights defenders, opposition activists and bloggers for allegedly undermining the status of the emir of Kuwait is widespread in the country. Lese-majeste, national security and ‘national unity’ laws have recently been used to prosecute activists who are critical of the human rights records of heads of state with which Kuwait has diplomatic relations, including Saudi Arabia and Egypt. According to Nawaf, the Public Gatherings Law, the Penal Code, national security legislation, press regulations, and lese-majeste and blasphemy laws, are all used and abused to criminalise free speech in the country.

‘As a human rights defender in Kuwait you are always at risk. In an attempt to silence dissenting voices, human rights defenders are often imprisoned for unrelated, and often fabricated, offences.’

Nawaf tells the story of his arrest in 2013 on his return to Bahrain, where he had been studying at Delmon University for Science & Technology since 2008. Nawaf was advised that he could no longer enter Bahrain as the Kuwaiti authorities intended to arrest him in connection with terrorist activities.

‘Since my arrest in 2013, I have not been able to return to Bahrain and my five years of study in Bahrain have not been recognised.’

Nawaf explained that in an additional attempt to silence dissenting voices, national newspapers and television channels have been known to print articles in an attempt to invalidate the work of human rights defenders.

‘In addition to legislation restricting fundamental rights of people living in Kuwait and the independence of human rights institutions, the legislative framework limits the number of human rights organisations to one’

Given the restriction on the number of human rights organisations in Kuwait, Kuwait Watch is registered in the United Kingdom.

‘We engage with the UN human rights system in the hope that the UN will require the Kuwait Government to enact and reform legislation to protect human rights defenders as well of the rights of all people in Kuwait.’

Nawaf emphasises the importance he places on ensuring that the next generation will have the fundamental rights they are entitled to.

‘I recognise that I may never be granted these fundamental rights in my life time, but I want more for our children. We should promise them that.’

 

Nawaf Al Hendal: Human rights defender from Kuwait | ISHR.

Turkey: after 16 years finally Justice for human rights defender Pınar Selek

December 20, 2014

Yesterday, 19 December 2014, the Istanbul High Criminal Court acquitted Ms. Pınar Selek, an academic known for her commitment towards the rights of the most vulnerable communities in Turkey. She was prosecuted for allegedly causing a bomb to explode in Istanbul’s Egyptian bazaar on July 9, 1998, and for membership in a terrorist organisation.

Previously, the Istanbul Special Heavy Penal Court No. 12 had acquitted her on three occasions: in 2006, 2008, and 2011. Notwithstanding, the Supreme Court quashed the first two acquittal decisions and requested the lower court to convict her. In, 2013, the Istanbul Special Heavy Criminal Court No. 12 deferred to the Supreme Court’s request and sentenced Ms. Pınar Selek to life imprisonment, while the case was still pending before the Supreme Court. On June 11, 2014, the Criminal Chamber No. 9 of the Supreme Court decided to overturn the conviction on procedural grounds[https://thoolen.wordpress.com/2014/07/09/pinar-selek-case-in-turkey-the-supreme-court-overturns-life-sentence-against-pinar-selek/]

Countless procedural irregularities have been observed during the trial. She should have never been prosecuted in the first place. This decision should now become final, recalled Martin Pradel, Lawyer at the Paris Bar, who has been observing the legal process for the Observatory since 2011.

The Observatory (a coöperation between FIDH and OMCT) has been particularly mobilised on this case, through the publication of nine urgent alerts, six trial observations and demarches towards the Turkish authorities and the international community at the highest level. For more information see Observatory mission report published in April 2014, available in English on the following web links: http://www.omct.org/files/2014/04/22642/turkey_mission_report_pinar_selek_2014.pdf

Turkey: Justice at last! Pınar Selek acquitted after 16 years of judicial harassment / December 19, 2014 / Statements / Human rights defenders / OMCT.

Amin Mekki Medani, President of the Sudan Human Rights Monitor, arrested

December 7, 2014

logo FIDH_seul

OMCT-LOGO

 On the evening of 6 December, 2014, the Sudanese National Intelligence and Security Services (NISS) arrested Dr. Amin Mekki Medani, a renowned human rights activist, President of the Sudan Human Rights Monitor (SHRM) from his house in Khartoum. Dr Medani was arrested shortly after he returned from Addis Ababa. There are serious concerns for the safety of Dr. Medani who is 76 years of age and suffers from high blood pressure and diabetes. According to the information received, the NISS refused to allow him to take his medications with him when he was arrested.

The Observatory for the Protection of Human Rights Defenders strongly denounces the arbitrary arrest and detention of Dr. Medani and considers it as a reprisal to sanction his legitimate human rights activities. [On December 3, 2014 Dr. Medani signed the “Sudan Call”, on behalf of civil society organisations. The “Sudan Call” is a Declaration on the “Establishment of a State of Citizenship and Democracy”, under which co-signatories committed to work towards the end of the conflicts raging in different regions of Sudan and towards legal, institutional and economic reforms. The Declaration, which commits signatories to end wars and conflicts as a priority, was co-signed in Addis Ababa by representatives from political and armed opposition parties, including the National Umma Party, the National Consensus Forces and the Sudan Revolutionary Front. Dr. Medani co-signed the Sudan Call on behalf of the Civil Society Initiative.]

Sudan: Arrest of the President of the Sudan Human Rights (…).