On 12 January 2023, over 100 Groups urged world leaders to jointly press for all charges against Mongolian writer and activist Munkhbayar Chuluundorjto be dropped and for him to be freed.
We urge the Mongolian government to immediately release Mr. Munkhbayar Chuluundorj who was arbitrarily arrested in Ulaanbaatar, Mongolia, by the General Intelligence Agency (GIA) of Mongolia on February 17, 2022.
Mr. Munkhbayar Chuluundorj is an award-winning Mongolian journalist, poet, and human rights activist known for defending the linguistic, cultural, and historical identities of Southern Mongolians.
Mr. Munkhbayar Chuluundorj was detained in Ulaanbaatar on politically motivated charges related to his public criticism of the Mongolian government’s close ties with China and the shrinking rights in Southern Mongolia. His arrest and sentencing took place amid China’s increasingly severe policies in Southern Mongolia that aim to remove learning in the Mongolian language for several key subjects. …
Mr. Munkhbayar Chuluundorj was sentenced to 10 years in prison on June 28, 2022, for “collaborating with a foreign intelligence agency” against the People’s Republic of China. On December 21, 2022, the Supreme Court of Mongolia heard his appeal and upheld the lower court’s original decision. There is no evidence linking Mr. Munkhbayar Chuluundorj to the charge and his lawyer, Ms. Baasan Geleg, has dismissed the national security charge against him as entirely baseless.
In September 2022 two handwritten letters from Mr. Munkhbayar Chuluundorj – penned in the detention center in June 2022 – were received by the Southern Mongolian Human Rights Information Center. In the letters, he pleaded his innocence and detailed how he believed the evidence against him had been fabricated in relation to his work to better the conditions of Mongolians.
Land-locked Mongolia is highly dependent on China for imports and there has been an increase in economic influence, including vast loans via Xi Jinping’s ‘Belt and Road Initiative’, in recent years that have pushed Mongolia into major indebtedness to China. These debts are further exacerbated by a program of cultural propaganda such as the establishment of Confucius Institutes, television and radio broadcasts, and cultural centers.
Growing concern about the Mongolian state’s harassment, intimidation, and reprisals against human rights defenders is growing. In October 2022, the UN Committee on Economic, Social, and Cultural Rights raised the issue of human rights defenders and recommended Mongolia put in place protection safeguards and ‘urgently investigate cases in which human rights defenders are criminalized’. Later in the same month, the Japanese “Parliamentary Support Group for Southern Mongolia” published a statement regarding the sentence of Mr. Munkhbayar Chuluundorj.
Rights groups are calling on like-minded governments – both jointly and bi-laterally – and the UN Human Rights Council to call for the immediate release of Mr. Munkhbayar Chuluundorj.
38 NGOs, including HRW and AI, ask Algeria to end the repression of human rights and the “immediate” release of detainees. They have launched a campaign calling on Algeria to end the repression of Human Rights and demand the immediate release of people detained in the country for exercising their freedom of expression. “The campaign calls on all relevant individuals, organizations and parties to contribute to collectively demanding an end to the criminalization of the exercise of fundamental freedoms in Algeria using the label At least 300 people have been arrested since the beginning of 2022, and until April 17, in the country for exercising their right to free expression, peaceful assembly or association, according to human rights defender Zaki Hannache. “The arrests and sentences of peaceful activists, independent trade unionists, journalists and human rights defenders have not decreased, even after the protest movement was closed,” they said in a statement. The organizations have given the example of the hunger strike of the Algerian activist, Hadi Lassouli, to protest against his arbitrary imprisonment, as well as the case of Hakim Debazi, who died in custody on April 24 after being placed in preventive detention on April 22. February for social media posts. “Those suspected of criminal responsibility for serious human rights violations must be brought to justice in trials with due guarantees, and the authorities must provide victims with access to justice and effective reparations,” they have requested. This awareness campaign will be carried out until the anniversary of the death of Kamel Eddine Fejar, a human rights defender who died in custody on May 28, 2019 after a 50-day hunger strike. The United Nations High Commissioner for Human Rights, Michelle Bachelet, was “concerned” last March at the increase in fundamental restrictions in the country, including an increase in arrests and detentions of human rights defenders, as well as members of civil society and political opponents. “I call on the government to change course and take all necessary measures to guarantee the rights of its people to freedom of expression, association and peaceful assembly,” she said in a statement from the UN High Commissioner for Human Rights.
Event on 1 June 2022, 12:00-14:00: “Don’t forget about us: Strategies for resisting long-term detention of Human Rights Defenders”. Location: Cassese Room, Villa Moynier, 120B Rue de Lausanne, Geneva (and online)
In 2021, the UN Special Rapporteur on Human Rights Defenders published a report on cases of long-term detention of activists, which were estimated to number hundreds or thousands worldwide. This report confirms the terrible treatment and conditions many defenders bear in prison. However, while an objective of long-term detention may be to discourage defenders, many cases result in perennial campaigns and increased publicity for the defenders themselves.
How can governments, civil society and international mechanisms work together to keep the pressure on long-term detention cases? What strategies have proven successful in improving respect for defenders’ rights and physical integrity while imprisoned?
On the 20th anniversary of Guantanamo Bay Kasmira Jefford of Geneva Solutions looks at the legacy of the so-called “war on terror”. She does so in conversation with UN special rapporteur Fionnuala Ní Aoláin on the promotion and protection of human rights and fundamental freedoms while countering terrorism. From camps in north-eastern Syria, where thousands are detained without legal processes, to China where detention camps are posing under the guise of “education facilities” – secret detentions and enforced disappearances are still happening every day under the banner countering terrorism. Here some lengthy extracts:
In 2010, UN experts from four different working groups and special procedures joined forces to produce one of the most comprehensive studies to date on widespread systematic torture, enforced disappearances, arbitrary detention and secret detentions taking place across the world and condemning the wide range of human rights violations committed by countries.
In a follow-up report presented on Wednesday at the Human Rights Council 49th session, the special rapporteur said 10 years on, these practices are still rife and deplored the “abject failure” by states to implement the recommendations of the 2010 study.
GS News: In 2010, UN experts published a milestone study on secret detentions. What does your follow-up report show?
Fionnuala Ni Aolain: The 2010 report was unusual because it involved… four special procedure mechanisms coming together and identifying each in their collective way the scale of the problem of systematic torture and rendition of persons across borders, and systematic disappearances, arbitrary detention, and secret detentions. The [follow-up] report we’ve just published does a stock-taking and assesses whether or not the recommendations of the special experts were implemented. And possibly the single most depressing thing about that review is that the annex lists every single person who was named in the 2010 report – hundreds of names who were rendered, tortured, or both – and not a single individual received an adequate remedy [for the violation of human rights they experiend]. There was no accountability, no person was ever charged with crime for any of those acts.
The second part of the follow up report focuses on what that culture of impunity enabled. And what I find is that the culture of impunity, fostered and enabled by the “war on terror” as it was called essentially has created and enabled the conditions in which other places of mass detention have emerged. The report focuses on two of them : Xinjiang, China, and the situation in [in detention camps] in northeast Syria.
One of the observations you make is that ‘secret’ detention has evolved in the past two decades to encompass more complex forms of “formally lawful” or legalised transfer. Can you explain?
In the evolution that we’ve seen…dark-of-night arrivals into places like Poland and Lithuania and other countries that were accepting these rendition flights stopped because the global heat, if you want, on that kind of rendition was simply too high. It just became intolerable and unacceptable for states who were cooperating in enabling torture and rendition to continue to do it. But there’s been this transition into this ‘lawful transfer’. These are diplomatic assurances, [for example], where one state offers an assurance to another state that they will not torture the person who’s transferred into their custody.
But as the report makes clear, if you have to provide an assurance that you’re not going to do that, it tells you that there’s something fundamentally dysfunctional about the legal system that’s producing the assurance – and there’s a fundamental question about the trustworthiness of the assurance if it happens. And what we know in practice is that so many of those assurances are not worth the paper they are written on. People have had the worst kinds of practices meted out to them under the cover of diplomatic assurance. And there have been no consequences for states in breaking those assurances.
One of the issues you raise in the report is the lack of a globally agreed definition on terrorism or acts of terrorism. Why has it been so complex to agree upon a definition?
Part of what happened is that 9/11 spawned this culture where everybody agree that terrorism was a bad thing but nobody ever defined it. …What we see in practice is the systemic abuse of counterterrorism across the globe. We see it in multiple countries. Over 67 per cent of all the communications the mandate has sent since 2005 have involved the use of a counterterrorism measure against a civil society actor. So this tells you that actually, they’re doing really bad counterterrorism.
We have to understand that, in fact, there’s a structural endemic problem. And in many countries, states’ security is governed by counterterrorism. The example I often use is the Kingdom of Saudi Arabia, when women’s rights activist Loujain al-Hathloul was jailed on terrorism charges and processed through a Special Criminal Court. So this shows terrorism being everything and nothing.
…….
In your annual report presented to the General Assembly in October last year, you said that efforts to improve counter terrorism measures are in fact damaging human rights. Would you say that counterterrorism is incompatible with the respect of human rights?
Security is a human right. It’s found in the Universal Declaration on Human Rights. Our most fundamental right that enables us to have other rights is the right to be secure. So I don’t think they’re incompatible and I don’t think the drafters of the Universal Declaration thought they were incompatible. I grew up in Northern Ireland in a society which was, in many ways, defined for decades by counterterrorism law. The problem is that expansive counterterrorism law, which is what we have, is imprecise – and vague counterterrorism law is fundamentally incompatible with the rule of law.
The fundamental idea contained in the rule of law is that if you are to be charged with an offence by the state, that you know precisely what acts you engaged in that are likely to make you subject to the course of power of the state. And the fundamental problem with terrorism is that it really, in so many countries, kind of injures that the concept of the rule of law, because it’s not precise. A reasonable individual could not know what kind of actions they would engage in would implicate the use of a state or measure against them. So I don’t think it’s incompatible but unfortunately, we have very few examples of good practice.
One of the key examples you highlight in your report are the camps in northeast Syria where thousands of people – the majority women and children – are being detained. You describe this as “a human rights black hole”. What can or should be done immediately for these people who are living in desperate situations?
You have thousands, almost over 60,000 men and women being held in detention centres, prisons, who have never been through any legal process; the idea that we would hold people in these conditions is simply abhorrent. And then we turn to look at the conditions in those camps. The special rapporteur on torture and I have found that the conditions in the camps reach the threshold of torture, inhumane, and degrading treatment under international law. So the fact that they are there is also unacceptable. But the bottom line is that we have states, mostly western states, who simply will not take back their nationals including children, who refuse.
So, there’s a large-scale political solution that’s required to fix the challenge in northeast Syria, which involves all of the significant parties to the conflict. However, in the short run, the only international law compliance solution to the situation in these camps is the return of women and children to their countries of nationality. We have some states who have made active and ongoing efforts to do so and some who have made no effort.
To Permanent Representatives of Member and Observer States of the United Nations (UN) Human Rights Council:
Excellency,
As the 49th session of the UN Human Rights Council gets underway, and Russia continues its invasion of Ukraine, we, the undersigned civil society organisations, would like to draw your attention to the dire human rights situation within the Russian Federation, and urge all states to bring this neglected country situation onto the agenda of the Human Rights Council.
A year after last year’s joint statement on the situation in Russia, authorities there have further intensified the already unprecedented crackdown on human rights. A fully-fledged witch hunt against independent groups, human rights defenders, media outlets and journalists, and political opposition, is decimating civil society and forcing many into exile.
The gravity of this human rights crisis has been demonstrated in the last few days by the forcible dispersal of anti-war rallies and pickets across Russia with over 6,800 arrested (as of 2 March 2022), attempts to impose censorship on the reporting of the conflict in Ukraine and to silence those media and individuals who speak out against Russia’s invasion of Ukraine, including through blocking media websites, threats of criminal prosecution under “fake news” and “high treason” charges and other means.
In a shocking development, the authorities moved to shut down “Memorial,” one of the country’s most authoritative human rights organizations. At the end of December, courts ruled to “liquidate” the group’s key legal entities, International Memorial Society and Human Rights Center Memorial, over alleged persistent noncompliance with the repressive legislation on “foreign agents.” On 28 February, the Supreme Court upheld this decision, despite an article 39 ruling from the European Court of Human Rights ordering the Russian authorities to halt liquidation proceedings.
The December rulings came at the end of a particularly terrible year for human rights in the country, during which authorities threw top opposition figure Alexei Navalny in prison, banned three organizations affiliated with him as “extremist,” launched criminal proceedings against several of his close associates, doubled down on Internet censorship, and designated more than 100 journalists and activists as “media-foreign agents”.
Recent months also saw a dramatic escalation of repression in Chechnya, where Russian law and international human rights obligations have been emptied of meaning. With the Kremlin’s tolerance or acquiescence, the local governor, Ramzan Kadyrov has been eviscerating all forms of dissent in Chechnya, often using collective punishment. In December 2021, Kadyrov opened a brutal offensive against his critics in the Chechen diaspora, by having the police arbitrarily detain dozens of their Chechnya-based relatives. It continued in January with the abduction and arbitrary detention on fabricated charges of Zarema Musaeva, mother of human rights lawyer Abubakar Yangulbaev, and death threats issued against the Yangulbaev family and some prominent human rights defenders and journalists.
This is a country situation urgently requiring the Council’s attention. We urge the Human Rights Council to adopt a resolution expressing serious concern about the human rights violations and abuses occurring in Russia, requesting the High Commissioner to monitor and report on the situation, and appointing a dedicated Special Rapporteur to address the human rights situation in Russia.
Yours sincerely,
Signed:
Human Rights Watch
Amnesty International
Human Rights House Foundation
International Federation for Human Rights
International Service for Human Rights
Human Rights Centre Memorial (Russia)
Civic Assistance Committee (Russia)
There was also a statement was delivered by Yulian Kondur and the International Charitable Organization Roma Women Fund ‘Chiricli’ in the name of Minority Rights Group (MRG) and other organizations at the Human Rights Council’s Urgent Debate, held on Friday 4 March 2022, on the situation of human rights in Ukraine stemming from the Russian Aggression. They called on authorities and aid actors to ensure that Roma, minorities and marginalised peoples are granted equal access to protection and safety when seeking refuge, including those without identity documentation.
On 4 November 2021 the Observatory for the Protection of Human Rights Defenders, a partnership of the World Organisation Against Torture (OMCT) and FIDH, has received new information and requests your urgent intervention in the following situation in China.
New information:
The Observatory has been informed by the Network of Chinese Human Rights Defenders (CHRD) about the imminent risk of death of freelance journalist Zhang Zhan, who has been detained since May 2020 as a reprisal for her coverage of the Covid-19 pandemic from February 2020 until her arrest. Ms. Zhang is a former lawyer whose licence was suspended in retaliation for her activism and a well-known and outspoken journalist on the situation of human rights in China. See also: https://humanrightsdefenders.blog/2021/01/06/china-eu-deal-what-about-human-rights/
According to the relatives of Zhang Zhan, the journalists’ life is at imminent risk of death as a result of the partial hunger strike she started in June 2020 to protest her arbitrary detention and later her sentencing. The mother of Zhang Zhan was allowed to have a videocall with her daughter on October 28, 2021, after which she reported that the journalist weights less than 40 kg, is unable to walk unassisted and cannot raise her head without assistance. Her health is extremely poor, as she suffers from severe malnutrition, a gastric ulcer and swollen legs and feet. During her detention, she has been restrained and force-fed via a nasal tube.
The relatives of Zhang Zhan have been consistently denied their right to visit the journalist and only been allowed to communicate with her by video calls on two occasions, on October 28 and February 2021, and by a phone call on August 2021. Moreover, Zhang Zhan’s mother requested the Chinese security police the permission to visit the journalist in prison to persuade her to abandon the hunger strike. At the time of publication of this Urgent Appeal, she had not received a reply.
The Observatory recalls that Zhang Zhan was hospitalised in a prison hospital between July 21 and August 11, 2021 due to her deteriorating health conditions. During her hospitalisation, she was tied to a hospital bed and force-fed by prison authorities. On August 11, she was transferred back to the Shanghai Women’s Prison, where she remained detained at the time of this Urgent Appeal.
The Observatory further recalls that on May 14, 2020, Zhang Zhan went missing in Wuhan, Hubei Province, one day after releasing a video that criticised the government’s measures to contain the virus, claiming the authorities were being negligent. Zhang Zhan had travelled to Wuhan from her home in Shanghai in early February 2020 to report from the epicenter of the Covid-19 pandemic. She reported numerous stories, including the detention of other independent reporters and harassment of families of victims seeking accountability, via her WeChat, Twitter, and YouTube accounts.
After seven months of pre-trial detention, on December 28, 2020, the Shanghai Pudong People’s Court found Zhang Zhan guilty of “picking quarrels and provoking trouble” (Article 293 of China’s Criminal Law) and sentenced her to four years in prison. The court rejected the application filed by Zhang Zhan’s lawyers to request bail, live streaming of the trial, and a time extension of the proceedings. Their requests to have the defense witnesses appear in court to present exculpatory evidence was also rejected by the court. Zhang Zhan attended her trial in a wheelchair because of her poor health.
The Observatory is deeply concerned about the health conditions and risk of death of Zhang Zhan and urges the Chinese authorities to immediately and unconditionally release her and grant her immediate access to adequate and comprehensive medical treatment.
On 30 October 2021 AFP reported that a group of UN human rights experts called for the immediate release of Vietnamese activist Pham Doan Trang (pic), who is awaiting trial after a year in detention. The prominent Vietnamese author, who campaigns for press freedom and civil rights, was arrested in October last year. [see: https://www.trueheroesfilms.org/thedigest/laureates/fe8bf320-1d78-11e8-aacf-35c4dd34b7ba]
Trang has pushed for change on a host of controversial issues, including land grabs and LGBTQ rights. “Pham Doan Trang is only the latest victim of the authorities’ use of vaguely-defined propaganda charges to persecute writers, journalists and human rights defenders,” the experts said in a statement.
The UN experts said the charges against her stem from at least three human rights reports she co-authored, plus interviews with foreign media. They accuse the authorities of “criminalising the exercise of their right to freedom of opinion”.
“We urge the authorities to immediately and unconditionally release Ms Pham Doan Trang.“
The UN experts included the special rapporteurs on the right to freedom of opinion, on human rights defenders, and on the right to physical and mental health.
On 27 September 2021 RFE/RL’s Belarus Service reported that jailed Belarusian opposition figure Maryya Kalesnikavahas won the Vaclav Havel Human Rights Prize awarded annually by the Parliamentary Assembly of the Council of Europe (PACE) to honor “outstanding” civil society action in the defense of human rights amid an ongoing crackdown in Belarus on pro-democracy activists and groups by authoritarian ruler Alyaksandr Lukashenka. See also: https://www.trueheroesfilms.org/thedigest/laureates/beff3c8d-0e20-4e88-9efb-cdfcb4c26f40
Maryya Kalesnikava forms a heart shape to supporters from inside a defendants’ cage at her trial in Minsk on September 6.
“In standing up against a regime which has chosen force and brutality against peaceful and legitimate protest, Ms. Kalesnikava showed that she is ready to risk her own safety for a cause greater than herself — she has shown true courage,” Daems said.
Accepting the prize on her sister’s behalf, Khomich said: “This award is a sign of solidarity of the entire democratic world with the people of Belarus. It is also a sign to us, Belarusians, that the international community supports us, and that we are on the right track.”
Kalesnikava and another opposition figure, Maksim Znak, were sentenced to prison terms of 11 and 10 years respectively on September 6, after being found guilty on charges with conspiracy to seize power, calls for action to damage national security, and calls for actions damaging national security by trying to create an extremist group.Both pleaded not guilty, rejecting the charges.
Kalesnikava, 39, was a coordinator of the election campaign of an excluded presidential aspirant, former Belgazprombank head Viktar Babaryka. After Babaryka was arrested weeks before the August 2020 presidential election, Kalesnikava joined forces with another presidential candidate, Svyatlana Tsikhanouskaya, whom the majority of Belarusians have called the winner in the election.
After joining Tsikhanouskaya’s support group, Kalesnikava became a member of the opposition Coordination Council and turned into a prominent leader of protests demanding the resignation of Lukashenka, who was officially announced the winner of the election demonstrators say was rigged and which the West has refused to acknowledge.
Kalesnikava was snatched from the streets of Minsk in September 2020 by masked men along with two staffers. The three were driven early the next day to the border, where authorities told them to cross into Ukraine.
Security officers reportedly failed to deport Kalesnikava because she ripped her passport into small pieces after they arrived in the no man’s land between Belarus and Ukraine. Her two associates entered Ukraine, but with no valid passport, Kalesnikava remained in the country and was subsequently detained.
In the meantime the Belarusian Justice Ministry has filed a lawsuit to dissolve the Belarusian Helsinki Committee, one of the country’s oldest independent human rights groups, Human Rights Watch said today. On September 30, 2021, the Belarus Supreme Court is scheduled to hold a hearing on the lawsuit. The move is part of wider effort by Belarusian authorities to silence all independent or critical voices in the country.
In a September 22 letter, five international human rights organizations, including Human Rights Watch, urged the Justice Ministry to withdraw its lawsuit, calling it “inappropriate [and] inconsistent with the Belarusian government’s obligations to respect and protect the legitimate work of human rights defenders.” They also said the lawsuit “violates a number of fundamental rights, including those of freedom of expression and association and due process.”
Born in Kano state, northern Nigeria, in 1984 and a chemical engineer by training, Mubarak Bala is a prominent member of the Humanist movement. As President of the Humanist Association of Nigeria, he has played a vital role in the Humanist community in Nigeria.
Bala has been working to promote freedom of religion or belief in Nigeria and has been an outspoken religious critic in the conservative northern region, where open religious opposition is unusual. He has campaigned for the decriminalization of apostasy and blasphemy laws in states that implement Sharia in northern Nigeria. In addition he has engaged in human rights education and raised awareness on the importance of freedom of thought and conscience to peace, progress and stability in the region. He has organized meetings and conferences to enlighten the local populace especially those inclined to religious extremism and radical Islam due to indoctrination, lack of understanding or misinformation about freedom of religion or belief.
Bala has been held in detention since his arrest on 28 April 2020. Held for 15 months without any charge, Bala now faces charges of public disturbance in connection with Facebook posts deemed “blasphemous” he is alleged to have published in April 2020. In addition to being arbitrarily detained for 15 months, there have been several other violations of his rights to a fair trial, which include denying Bala access to his legal counsel until October 2020, failing to comply with a Federal High Court order to release Bala on bail, and consistent attempts to obstruct Bala’s legal team.
Andrew Copson, President of Humanists International, commented: “Mubarak Bala is an honorable humanist who has experienced great hardship and persecution in his realization of a life lived true to his values. Today he is a prisoner of conscience, whose thoughts are freer than he himself.”
“On behalf of my husband Mubarak Bala, I really want to thank humanists all over the world for this wonderful honour. This award has really shown that the world still cares for Mubarak, and that Mubarak has not been forgotten. This is to show that humanity is above all regardless of religion and belief. I thank Humanists International for your utmost support and care for Mubarak’s family. We don’t know how to thank you enough, all I can say is thanks a zillion! And I know this is indeed a phase which will come to pass soon. I also want to thank the Humanists Association of Nigeria who has struggled these past months for Mubarak’s release. You have all really shown so much love and care for Mubarak and we really appreciate it.“
Reporters without Borders (RSF) learned of the arrest exactly six months ago of Pham Doan Trang, a well-known Vietnamese journalist, was arrested at her Ho Chi Minh City home by plain-clothes policemen last October. There’s been no news of her since then.She’s not been allowed to talk to a lawyer or her family and she is facing up to 20 years in prison on a charge of “anti-state propaganda.”
As she completed her sixth month in detention, several RSF Press Freedom Prize laureates recorded video messages expressing their support for her in order to help draw international attention to her fate. All of them called for her immediate and unconditional release by the Vietnamese authorities. She continues to be held by the Vietnamese authorities and is exposed to the possibility of further acts of torture. We now fear the worst for her and we urge you to sign the #FreePhamDoanTrang petition demanding her release. Let’s save one of Vietnam’s most respected journalists. Every signature counts: SIGN THE PETITION
Hans Thoolen on Human Rights Defenders and their awards 