On Human Rights Day, HURIDOCS hosted a webinar to showcase the critical role of documentation and technology in protecting defenders, advocating for the rights of those who are wrongfully detained and supporting those who are detained to claim their rights. This webinar featured four initiatives that recently collaborated with HURIDOCS to safeguard those who champion human rights:
The Observatory for Human Rights Defenders in Chiapas
SOS-Defenders
Detention Landscapes
Papuans Behind Bars
Welcoming remarks: Danna Ingleton, Executive Director, HURIDOCS Speakers:
Karla Jiménez Montoya, Movilidades Libres y Elegidas (CoLibres)
Giuseppe Scirocco, World Organisation Against Torture (OMCT)
On 4 December 2024, Aytan Farhadova in OC media reported that human rights defender Rufat Safarov was detained in Azerbaijan a week before he was set to be awarded the Human Rights Defender of the Year award by US State Secretary Antony Blinken. That day, Safarov’s lawyer, Elchin Sadigov, posted on Facebook that Safarov was accused of hooliganism and fraud resulting in major damage.
Sadigov later posted a message written by Safarov, in which he explained that he was planning to visit the US two days after receiving his visa in order to accept the Global Human Rights Defender Award from Blinken. [not totally clear which award is referred to – ed]
‘So I was awarded as a strong human rights defender of the year. Because the United States initially nominated me, I express my deep gratitude to [Mark] Libby, the US Ambassador in Azerbaijan, and Mr Blinken, US Secretary of State, who supported my candidacy.’
State Department’s Deputy Spokesperson, Vedant Patel, during a press briefing on Tuesday, said: We’re deeply concerned by reports that human rights defender Rufat Safarov has been detained in Azerbaijan’, Patel said, adding that they were ‘closely monitoring the case.’
Frank Schwabe, the head of the German delegation of the Parliamentary Assembly of the Council of Europe (PACE), criticised Safaravo’s arrest, saying that PACE will ‘respond to this in January’.
Safarov, a former prosecutor’s office official who spoke out against human rights abuses by the government, was sentenced to nine years in prison on charges of bribery, fraud, and human rights violations in 2016. He was released from prison alongside almost 400 others after Azerbaijani President Ilham Aliyev issued an amnesty to mark Novruz in 2019.
On 20 March 2024, it was reported that Aliaksandr Vaitseshyk was arrested during a raid on his home.
Last week, human rights defender Aliaksandr Vaitseshyk was detained in Baranavičy. The police released a video of the raid on his home, which shows him lying on the floor during the arrest. The reasons for this harassment are unknown. The activist is being held in the Baranavičy temporary detention center.
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
“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.
On 6 June I informed you about the women of the Boeung Kak Lake protest being sentenced for up to two and a half years for standing up for their land rights, but now a bit of good news: the thirteen protesters have been released from jail. Their sentences having been reduced to 1 month 3 days (which is the time they’ve actually been in detention) by the Appeal Court.
Hans Thoolen on Human Rights Defenders and their awards 