Posts Tagged ‘fair trial’

Human rights defender Ebru Timtik dies in Istanbul hospital after 238 days hungerstrike

August 29, 2020
Ebru Timtik, 42, died in an Istanbul hospital late Thursday 27 August 2020, the Progressive Lawyers’ Association said. She had been fasting for 238 days. The lawyer and 17 of her colleagues were accused of links to the outlawed Revolutionary People’s Liberation Party-Front, or DHKP/C, a militant group designated a terrorist organization by Turkey, the United States and the European Union. She was convicted in March 2019 and sentenced to 13 years and six months in prison. Her case was under review by an appeals court.

Timtik started the hunger strike in February to protest alleged unfair proceedings during the trial, along with another colleague, Aytac Unsal, who is reported to be in a critical condition. [see https://humanrightsdefenders.blog/2020/08/06/online-conference-for-ebru-timtik-and-aytac-unsal-on-11-august-2020/]

On Friday, police tried to prevent a crowd of her supporters from gathering outside the Istanbul Bar Association for a memorial, the Evrensel newspaper reported. Later, riot police used tear gas and rubber bullets to block a protest march. At least one lawyer was detained, the paper said. “Ebru Timtik is immortal” and “Aytac Unsal is our honor,” some of the mourners chanted, according to Evrensel.

European Commission spokesman Peter Stano said: “Ebru Timtik’s hunger strike for a fair trial and its tragic outcome painfully illustrate the urgent need for the Turkish authorities to credibly address the human rights situation in the country and the serious shortcomings observed in the Turkish judiciary,” Stano said.

Ms. Timtik’s death is a tragic illustration of the human suffering caused by a judicial system in Turkey that has turned into a tool to silence lawyers, human rights defenders and journalists,” said Dunja Mijatovic, the Council of Europe’s human rights commissioner.

Hunger strikers in Turkey traditionally refuse food but consume liquids and take vitamins that prolong their protests. Timtik’s death comes months after two members of a left-wing popular folk group that is banned in Turkey also died of a hunger strike. They had also been accused of links to the DHKP/C.

https://www.startribune.com/turkish-lawyer-dies-on-hunger-strike-demanding-fair-trial/572249512/

https://www.al-monitor.com/pulse/originals/2020/08/turkey-ebru-timtik-hunger-strike-dies-lawyer-kurdish-prison.html

Online conference for Ebru Timtik and Aytaç Ünsal on 11 August 2020

August 6, 2020

Lawyers for Lawyers (L4L) will organise an online press conference on
11 August 2020 at 4.00 – 4.45 pm (CEST) to inform about the situation of human rights lawyers Ebru Timtik and Aytaç Ünsal from Turkey, who are serving long prison sentences and have been on hunger strike since February 2020.
Speakers are : Irma van den Berg (Lawyers for Lawyers), Tony Fisher (London), Mehmet Durakoğlu (the president of İstanbul Bar Association) and other speakers who will be confirmed later.
From 4.30 – 4.45 pm there will a Q&A, only for journalists.
Background information:
Since 4 August Ebru Timtik is on 215th day of her hunger strike (death fast)
and Aytaç Ünsal is on 184th day of his. They have been under pre-trial detention for almost 3 years. Their lawyers, recently, submitted a request to Istanbul 37th Assize Court before which they have been tried which demanded their release on the basis that their health had deteriorated to such an extent that it was not appropriate that they remain in prison. Upon receipt of this request the Court transferred Ebru and Aytaç to the Istanbul Forensic Medicine Institute and asked the experts to examine them. The experts at the Institute reported that Ebru and Aytaç’s physical condition made it inappropriate for them to remain in detention. The Court, instead of releasing them pending the outcome of their appeal, ordered their transfer to a hospital following this report. They are currently
held as pre-trial detainees in a special ward of a hospital that is a Covid-19 Pandemic Hospital with no access to the outside world and similar limitations imposed on them as they would have been subject to had they remained in prison.
Ebru and Aytaç have passed several critical stages since the beginning of their protest against their conviction of terrorist offences, together with 16 other progressive lawyers, based on allegations of anonymous witnesses, evidence to which they did not have access and, more generally, the systemic violation of fair trial rights in Turkey in the present day (a full summary of the proceedings against them and against other colleagues is enclosed). The physical condition they are in now is extremely
worrisome, especially for Ebru who is seen as being in a near death situation.
Ebru and Aytaç are two of over 1,500 lawyers arrested and prosecuted for alleged terrorist offences in Turkey since the attempted coup in July 2016. Many Turkish and European bar associations, lawyers’ organisations and NGO’s reported on the serious flaws in the case against them, the
situation of the lawyers in Turkey and the violations which they have suffered.
Technical details:
The event will be held at Zoom. The link and the technical details will be shared with the confirmed participants the same day of the event. Simultaneous translation will be available between Turkish and English.
Please write an email including your full name, profession and the organisation or media outlet you represent (if there is any) by 10 August 2020 at serifecerenuysal@gmail.com, info@lawyersforlawyers.nl or aysebingol@hotmail.com if you are willing to join.

https://lawyersforlawyers.org/en/lawyers-ebru-timtik-and-aytac-unsal-not-released/?fbclid=IwAR2toIN0L9GZn9wj66d3EpagviIbSj_SmS4xUrqDVG44zVLEVqHuFv42k5A

Kyrgyzstan: Activist Askarov dies in prison after decade battling tainted conviction

July 26, 2020

Jul 25, 2020 Rights activist Azimjan Askarov, seen here holding one of his self-portraits in his basement prison cell in February 2012. (Photo: Nate Schenkkan) Rights activist Azimjan Askarov, seen here holding one of his self-portraits in his basement prison cell in February 2012. (Photo: Nate Schenkkan)

EURasia.net of 25 July 2020 gives the sad new that Azimjan Askarov, a celebrated ethnic Uzbek humn rights defender, husband to Hadidja Askarova, has died in prison at the age of 69.

The news of his death on July 25 was confirmed by his longtime friend, supporter and fellow activist Tolekan Ismailova and his lawyer, Valeryan Vakhitov. He had suffered from poor health for much of his 10 years in prison, but his condition worsened significantly in the past two weeks. Vakhitov, who visited Askarov in prison only a few days before his death, said his client had lost his appetite, that his skin “looked yellowish in color,” and that he was unable to move unaided.

On July 24, prison officials dismissed those concerns and the reports of Askarov’s ill-health as “inaccurate information.” [https://www.rferl.org/a/jailed-rights-activist-askarov-transferred-to-different-kyrgyz-prison-amid-reports-of-poor-health/30745718.html]

Although the likelihood of Askarov’s imminent death had been widely anticipated, the actual event has stunned his longtime colleagues and the rights community.

I am devastated. When we saw one another for the last time, they brought him to me in their arms. I told him: ‘Please hang on, we love you,’ and he began crying. He seemed to feel something,” Vakhitov told Kloop news website.

Askarov was arrested on June 15, 2010, in the immediate aftermath of a deadly whirlwind of ethnic unrest in southern Kyrgyzstan that killed hundreds, mostly ethnic Uzbeks.

In the days, weeks and months that followed that bloodshed, security services mainly targeted ethnic Uzbeks for investigations, arrests and systematic harassment. Askarov was among the first to be singled out for this treatment.

He was charged with purported involvement in the killing of a police officer on June 13, 2010, in the southern town of Bazar-Korgon. Immediately after his arrest, Askarov was beaten, subjected to abuse and denied access to his lawyer. He spoke about some of that mistreatment in an interview with Eurasianet in 2012, two years into his life sentence.

“They nearly killed me,” he said, referring to local police. “They held my arms behind my back, and took a weight filled with water, and hit me with it [in the stomach]. They hit me over the head with it so that huge lumps rose up.” He also said he saw witnesses beaten bloody to force them to testify against him….

In 2016, the Office of the United Nations High Commissioner for Human Rights found that Kyrgyzstan had in its treatment of Askarov violated multiple articles of the International Covenant on Civil and Political Rights.

Askarov’s initial criminal trial, as well as subsequent appeals, have been decried by legal experts as miscarriages of justice. Many supposed witnesses were intimidated into giving testimonies and people who would have spoken in his defense were denied that opportunity. Perhaps most ominously, hearings were routinely attended by relatives of the alleged murder victim, who openly threatened Askarov and his legal team with death. This pattern repeated over many years.

But as Philip Shishkin, a journalist, noted in his 2013 book Restless Valley, “of the many interesting things about the case, one detail stands out: the verdict relies heavily on the testimony of a half dozen policemen who had reasons to dislike Askarov even before his alleged participation in the murder of their colleague.”

Much of his 15 years of activism was focused on highlighting and documenting allegations of police abuse in his native Bazar-Korgon, including by some of the officers that then pursued his case…

In one typical rebuttal of criticism from 2015, the Foreign Ministry asserted that “the decision of the court was taken on the basis of undeniable evidence, Askarov’s guilt has been proven in all instances.”

“The Kyrgyz Republic stands for the supremacy of the law. The justice system is an independent branch of power,” the ministry said at the time.

There is strong reason to believe, however, that the government allowed itself to be taken hostage by the same kind of combustible, deeply violence-prone nationalist elements that lay behind the ethnic bloodshed of June 2010. Many notorious criminals have been allowed to walk free from prison in Kyrgyzstan over the decades, but as officials saw it, affording that same treatment to Askarov would have threatened to spark another cycle of unrest, immaterial of the legal particulars.

This reading was all but confirmed in an interview given to Eurasianet in 2018 by Roza Otunbayeva, who was interim president at the time of the ethnic unrest and Askarov’s arrest. Asked about the Askarov case, she evinced regret, but concluded that “it was a decision of our court. And this court’s decision was [upheld].” She did, however, have the authority to issue a pardon, which she declined to do.

“It was a decision that [would] again [have broken] the country,” she told Eurasianet. “I mean, the stability of the country, political consensus within the country was very much bound to such a touchy issue. And it was a very high price.”

See also: https://humanrightsdefenders.blog/2015/07/23/fury-about-us-award-for-askarov-in-kyrgyzstan-backlash-or-impact/.

https://eurasianet.org/kyrgyzstan-activist-askarov-dies-in-prison-after-decade-battling-tainted-conviction

Istanbul court jails four human rights defenders on terror charges; seven acquitted

July 6, 2020

Having announced the trial last Friday [https://humanrightsdefenders.blog/2020/07/03/will-long-running-saga-of-trial-against-the-istanbul-10-end-on-friday-3-july/] I need to report also on the outcome although it was widley reported in the media.

A Turkish court on Friday convicted Taner Kilic, former chairman of Amnesty International, of membership in a terror organisation and sentenced him to over six years in prison. (AP)

Arab News on 4 July 2020 reported that human rights activists, including a former head of Amnesty International’s Turkish branch, have been jailed by an Istanbul court on terror-related charges in a decision condemned as an “outrage” by fellow campaigners. Amnesty International Turkey’s honorary chair Taner Kilic was sentenced to six years and three months in prison for “terror organization membership. Gunal Kursun from the Human Rights Agenda Association; Idil Eser, former executive director of Amnesty International Turkey; and Ozlem Dalkiran, former head of Amnesty International’s communications department, were each handed jail terms of one year and 13 months for “aiding a terror organization.”

The prosecution claimed that the hotel gathering was a “secret meeting to organize an uprising,” in order to trigger a “chaos environment” in the country – a claim categorically denied by the defendants.

Amnesty International has described the case as a travesty of justice. The defendants are now expected to appeal the verdict in the case dubbed the ‘Buyukada trial.”

Other human rights activists, including Nalan Erkem, lknur Ustun, Ali Gharavi, Peter Steudtner, Veli Acu, Nejat Tastan and Seyhmus Ozbekli, were acquitted.

Another disappointing court verdict against civil rights and civil society in Turkey. Not how we put our relations on a positive track. My thoughts are with imprisoned and families. Solidarity with democratic forces in Turkey!” tweeted Sergey Lagodinsky, chair of the EU-Turkey delegation at the European Parliament. Dunja Mijatovic, the Council of Europe’s commissioner for human rights, voiced concerns that Turkey is targeting and silencing human rights defenders.

Andrew Gardner, Amnesty International’s Turkey researcher, who observed the hearing, said the verdict is an outrage based on absurd allegations without any evidence and is supported by a pro-government media smear campaign.

https://www.arabnews.com/node/1700036/middle-east

https://ahvalnews.com/buyukada-case/four-human-rights-activists-given-prison-sentences-buyukada-case

Will long-running saga of trial against the Istanbul 10 end on Friday 3 July?

July 3, 2020

From the start, this has been a politically-motivated trial’Idil Eser© Amnesty International (Foto: Jordi Huisman)

The verdict in the trial of Amnesty Turkey’s chair, the organisation’s former Turkey director and nine other human rights defenders, is expected tomorrow. The key hearing will begin at 8.00am BST (10.00am local time) on Friday 3 July at Istanbul Heavy Penal Court, No 35.

Taner Kılıç, Idil Eser, Özlem Dalkıran, Günal Kurşun, Veli Acu, Nejat Taştan, Nalan Erkem, İlknur Üstün, Şeyhmus Özbekli, Ali Gharavi and Peter Steudtner are all on trial for baseless terrorism charges.

Over the course of 11 earlier hearings spread over nearly three years, ‘terrorism’ allegations against all 11 defendants have been repeatedly and categorically disproven, including – ironically – by the state’s own evidence. The prosecution’s attempt to present legitimate human rights activities as unlawful acts has comprehensively failed, said Amnesty. [see also: https://humanrightsdefenders.blog/2020/02/16/turkey-who-will-defend-the-human-rights-defenders/.]

In August 2018, after more than 14 months in prison, former Amnesty Turkey Chair Taner Kılıç was released on bail. Eight of the others spent almost four months each behind bars before they were released in October 2017.

At the tenth hearing in November 2019, the prosecutor requested acquittal for five of the 11, and convictions for the remaining six.

See: https://humanrightsdefenders.blog/2020/05/06/ali-gharavi-of-the-istanbul10-speaks-about-his-experience-and-his-hope/.

In the meantime, on 2 June 2020, the Council of Europe’s Commissioner for Human Rights spoke out on the independence of lawyers in Turkey: “I have taken note with concern of a bill recently submitted to the Turkish Parliament containing amendments to the Turkish Law No. 1136, which affect lawyers and their professional associations. The proposed changes would notably allow for a plurality of bar associations in provinces with large numbers of lawyers and modify the election procedures of bar associations and their Union. These changes raise particular concerns when seen against the background of the serious problems I identified in my latest report on Turkey published in February 2020. These problems include a hostile and repressive atmosphere affecting civil society in Turkey, of which professional associations, such as bar associations, are a very important part; the glaring lack of consultation and involvement of civil society in policy-making and legislation; and the very difficult situation, including undue judicial pressure, faced by lawyers in Turkey both as  human rights defenders and as a fundamental part of an increasingly hostile judicial system.

https://www.amnesty.org.uk/press-releases/turkey-verdict-expected-long-running-trial-amnesty-chair-and-ten-others

https://www.coe.int/en/web/commissioner/-/commissioner-s-concerns-about-proposed-changes-affecting-the-legal-profession-in-turkey

AI and HRW address criminal prosecution of Emir-Usein Kuku, Ethnic Crimean Tatar Human Rights Defender and His Five Co-defendants

June 22, 2020

On 19 June 2020 Human Rights Watch and Amnesty International addressed a joint letter to Russia’s Prosecutor General

….We write to you to express our concern about the unfounded criminal prosecution and imprisonment of Emir-Usein Kuku, an ethnic Crimean Tatar human rights defender from Crimea, and his five co-defendants – Muslim Aliev, Vadim Siruk, Enver Bekirov, Arsen Dzhepparov and Refat Alimov. They were convicted and sentenced on 12 November 2019 to prison terms ranging from seven to 19 years on groundless terror-related charges. On 22 June 2020, their appeal against the decision will be considered by the Military Court of Appeals.

All six men should be immediately and unconditionally released, with their convictions and sentences quashed, and we call on you to take all necessary measures in your authority to ensure this happens. This case exemplifies the persecution of human rights defenders and other activists in Crimea.

Amnesty International considers Emir-Usein Kuku, who has been sentenced to 12 years in prison, and all his co-defendants prisoners of conscience.

The terrorism-related charges against Emir-Usein Kuku and his co-defendants stem from accusations of membership of Hizb ut-Tahrir, an organization banned as “terrorist” in the Russian Federation (Article 205.5 of the Criminal Code of the Russian Federation), but not in Ukraine. All six have also been accused of conspiring to seize power by violent means (Article 278 of the Criminal Code of the Russian Federation).

…..

Emir-Usein Kuku is a member of the Crimean Human Rights Contact Group – a grassroots initiative created to monitor investigations into enforced disappearances in Crimea. As a human rights defender, Emir-Usein Kuku was continually harassed and threatened by the Russian authorities prior to the launch of the criminal proceedings against him, an indication that his prosecution is politically motivated and intended to stop his legitimate human rights activities.

When Emir-Usein Kuku joined the Crimean Human Rights Contact Group in October 2014, his activities soon brought him to the attention of the FSB, and according to him one of their officers unsuccessfully tried to recruit him as an informant on several occasions. The officer allegedly threatened Emir-Usein Kuku with reprisals, including criminal prosecution, for his refusal to cooperate.

On the morning of 20 April 2015, several FSB officers attacked Emir-Usein Kuku from behind while he was on his way to work, and severely beat him. They repeatedly kicked and punched him in the head, torso and kidney area. Then, in front of witnesses, they placed him in a vehicle and drove him to the local FSB headquarters where he was interrogated. He was later released without charge and they brought him back to his house.

On 11 February 2016, FSB officers arrested Emir-Usein Kuku at his house and detained him for questioning. On 12 February, Emir-Usein Kuku was charged under Article 205.5 of the Criminal Code of the Russian Federation (“membership of a terrorist organization”) and placed on remand. Kuku has been in detention since that date – over four years and four months.

On the same day, the FSB detained Muslim Aliev, as well as Vadim Siruk and Enver Bekirov, who are accused of membership of the same group. On 18 April 2016, the FSB detained Arsen Dzhepparov and Refat Alimov as part of the investigation of the same case. All six deny any involvement with Hizb ut-Tahrir and the charges against them.

…… Under international fair trial norms, civilians should not be tried before military courts. We call on you to take all necessary steps to address the human rights violations suffered by Emir- Usein Kuku and his co-defendants, Muslim Aliev, Enver Bekirov, Vadim Siruk, Arsen Dzhepparov and Refat Alimov, including harassment, their transfer from Crimea to the Russian Federation in violation of the international humanitarian law, and their ultimate unsound and wrongful conviction following an unfair trial. Emir-Usein Kuku and his five co-defendants must be immediately and unconditionally released, with their convictions and sentences quashed.

Marie Struthers, Director, Eastern Europe and Central Asia Regional Office, Amnesty International

Hugh Williamson, Director, Europe and Central Asia Division, Human Rights Watch

https://www.hrw.org/news/2020/06/22/joint-letter-human-rights-watch-and-amnesty-international-russias-prosecutor

NGOs express solidarity with Amnesty staffer Abu Zeyad

May 26, 2020

Ali Gharavi of the “#Istanbul10” speaks about his experience and his hope

May 6, 2020

Ali Gharavi is a consultant working with human rights defenders, their organisations and communities. He is one of ten people who were arrested in Turkey in July 2017 at an information management and well-being workshop on Buyukada island. The hashtag #Istanbul10 was used in the sustained advocacy efforts that called for the dropping of all charges against them and their immediate release. [see: https://humanrightsdefenders.blog/2020/02/16/turkey-who-will-defend-the-human-rights-defenders/]

In March 2020, ahead of an anticipated – but since postponed – verdict hearing, Ali spoke with IFEX Regional Editor Cathal Sheerin about how his experience being arrested in Turkey and jailed for four months has affected his life and informed his work. “While I breathe, I hope: In conversation with Ali Gharavi of the #Istanbul10″ (interview published through a partnership between Global Voices and IFEX).

Ali Gharavi. Credit Annie Game
CS: How do you feel about the upcoming hearing? I feel a combination of anticipation and anxiety. It’s been a roller coaster of emotions over the last almost three years and the verdict was supposed to have been reached at the last hearing. In terms of realistic outcomes, we’ve talked about two or three possibilities with our families, lawyers and the authorities in Sweden. I’ve been trying to keep my wits about me and not putting all my eggs in one basket, but we’re pretty optimistic that the outcome could be acquittal.

What makes you optimistic for acquittal? I’m only nominally optimistic really because these things can turn on a dime. At the hearing before the last one, the prosecutor said that – of the ten of us plus Taner Kılıç – he would accept acquittal for five because of lack of evidence, but the rest he wanted to convict. I was in the acquittal group. All of us are quite adamant, however, about not having this ‘split’ decision.

Why do you think you were divided into two groups? It’s really hard to say. Two of us in the acquittal group – Peter Steudtner and I – are not Turkish, so it’s possible that they want to remove the international angle from all of this. However, that’s just my speculation. It’s actually quite arbitrary, and I think this is partly because they have no evidence. It might even be a way to ramp this down: Let’s acquit half of them now and then acquit the rest in a trickle.

…..
How aware were you when you were detained of the advocacy that was taking place on your behalf? What impact did it have on your morale? Maintaining my morale was one of the biggest challenges for me. I was held at four different sites. At one point, they transferred us to the anti-terrorism headquarters for interrogation, which sounds like – and was – quite a harrowing experience. ……

I’ve done letter-writing campaigns in the past, and I never knew for sure if they had any effect on the people who were in jail, but having been on the inside, I can say that those moments were life-saving. Sometimes my lawyer would search for my name on Twitter and print out all the tweets that had been posted that week about me; there was also this Twitter campaign, #haikusforAli, and demonstrations in Brussels, sit-ins in front of embassies. All of those moments reminded me that people on the outside were thinking of me and mobilising. I’m not exaggerating when I say that those were the things that saved me when I was in the depths of an abyss.

How has the experience affected how you work?  The kind of work I’d been doing was intended exactly for this kind of situation, where you need to pay attention to the whole person, not just their devices or the organisation’s activities. Because of my incarceration, I now understand that at a molecular level. For me, the whole experience has placed a higher premium on understanding people – who they are, where they are – as a big part of how we can actually help them regardless of whichever aspect of their work we’re trying to assist them with. One thing the experience revealed was how inadequately resourced and researched care and crisis response is: how do you care for not just the person incarcerated, but also his family, the community around him, his colleagues?

Once the crisis is ‘over’ the assumption is that life goes on as usual, whereas there’s actually recovery that needs to be done. Often there’s also a massive financial burden due to legal costs and the inability to work for a while. After my release I went to Berlin and arrived into a very supportive debriefing environment. It’s a very privileged situation to be in – those ten days were very helpful in making me understand that I’d be going through this trauma and recovery and that it’s not just business as usual. There was a crowd-funder created for me so that I didn’t just have to drop back into work, and there was physical and psychological therapy too. I knew it intellectually, but now I know it viscerally, that just because you get released the trauma doesn’t just go away. It takes years to be functional again. People assume that when you recover you’re going to go back to being who you were, but that’s not true.

Would you ever return to Turkey? It would be very difficult for me to feel safe there, but I would go, if only in order to ‘get back on the horse’. If the verdict doesn’t go the way we expect, then I’d be incarcerated if I turned up there, so I obviously wouldn’t return. I love Turkey – the people and the environment – and I feel like a big part of my life and friends is now off-limits to me. But I dream of when I’ll be able to go back, hug the people who were inside with me and eat baklava with them. As Cicero said: ‘While I breathe, I hope.’

The humanity of what I experienced in detention was humbling. Regardless of why those people were incarcerated with me, they – that young 19-year-old who spoke to me in German, and others – were an amazing source of inspiration and support. During the toughest times I’d be angry with them, but they were amazingly unwavering. I’ve heard via word of mouth that those two supposed ISIS members are now back with their families and all is well. I owe them a big debt of gratitude.

Most of the time I was incarcerated alongside political prisoners who faced trial on specious charges, or who had been (and continue to be) detained for years on end as they wait for an indictment. And now we hear that despite the mortal threat of COVID-19 sweeping through the prison system, those prisoners will stay behind bars.

[see also: https://humanrightsdefenders.blog/2020/03/20/corona-virus-threatens-human-rights-defenders-in-detention-egypt-and-turkey/]

‘While I breathe, I hope’: In conversation with Ali Gharavi of the #Istanbul10

While I breathe, I hope: In conversation with Ali Gharavi of the #Istanbul10

UN Rapporteurs concerned about detention of Miyan Abdul Qayoom of Kashmir Bar Association

April 28, 2020

Qayoom, who is also a human rights lawyer, was arrested on the night of 4 and 5 August during the clamp down. Qayoom was accused of being a “most staunch advocate of secessionist ideology”. [see also: https://humanrightsdefenders.blog/2020/02/09/forgotten-kashmir-something-has-to-be-done/]

Dated 27 February 2020, the UN has released the letter after 2 months. Qayoom was moved to Agra Central Jail, Uttar Pradesh, on 8 August and was kept in solitary confinement, as per the letter, adding that he is suffering from multiple health issues — including a scheduled open heart surgery at the time of his detention. On 29 January, the letter states, Qayoom suffered a heart attack. Next day, he was taken back to the jail’s dispensary. On 1 February 2020, he was transferred from Agra Central Jail to the All India Institute of Medical Science (AIIMS) in New Delhi, for a medical check-up. “He was then transferred to Tihar Jail, New Delhi,” the letter added.

The Special Rapporteurs also claimed in the letter that Qayoom is being denied “the right to a fair trial… and the right of everyone to hold opinions and to freedom of expression.”

We also express concern that Mr. Qayoom’s deprivation of liberty appears to be a reprisal for his opinions, the legitimate and peaceful exercise of his freedom to express them and his human rights work,” the letter added, citing various previous cases and relevant articles of ICCPR that entitles anyone who is deprived of liberty by arrest or detention to take proceedings before a court. “Arrest or detention as punishment for the legitimate exercise of other rights, as guaranteed by the ICCPR, is arbitrary, including the right to freedom of opinion and expression,” it mentioned.

The Special Rapporteurs stated:

“Please provide detailed information about the factual and legal grounds for the arrest and detention of Mr. Qayoom, including the charges brought against him. Please explain how his arrest and continued detention are in conformity with India’s international human rights obligations under the conventions it has acceded to.

Please provide detailed information on the treatment by the court of the habeas corpus petition initiated by Mr. Qayoom. Please explain how the absence of a decision on his petition more than six months after it was made is compatible with the requirement that the lawfulness of his detention’s petitioner is adjudicated as expeditiously as possible, and with India’s obligations under ICCPR.

Please provide detailed information on the present medical situation of Mr. Qayoom and explain how his medical concerns have been duly taken into account and addressed since he was arrested and placed in detention. Please explain what measures are being taken to ensure Mr. Qayoom’s access to appropriate medical care on a reliable and regular basis.

Please indicate what measures have been taken to ensure that human rights defenders in India are able to carry out their legitimate work in a safe and enabling environment without fear of threats or acts of intimidation and harassment of any sort.

Please provide detailed information, included disaggregated data to the extent possible, as to the number of persons from Jammu and Kashmir who have been detained under the Public Security Act since August 2019.”

https://thekashmirwalla.com/2020/04/un-special-rapporteurs-express-concern-over-detention-of-bar-president-mian-qayoom/

Turkey: who will defend the human rights defenders?

February 16, 2020

Milena Buyum, Amnesty International, wrote on 14 February 2020 a moving piece on the detention and suffering of her fellow human rights defenders in Turkey.

Some moments in life are forever etched in our minds. Everyone recalls where they were when they heard their favourite rock star died, or how they felt around the birth of a child. For me, 6 June and 5 July 2017 are two dates that will forever be on my mind. They are the days when I learned that my friends and colleagues, human rights defenders, had been detained by Turkish police…On 6 June 2017, I was in Istanbul on a work visit, meeting with journalists and lawyers ahead of the start of the trial of two writers. It had almost been a year since the attempted and bloody military coup of July 2016. The Turkish government had responded with a sweeping crackdown on dissenters from all backgrounds, which was continuing to gather pace. I was with the editor of a small newspaper when I heard that my colleague Taner Kılıç had been detained. I will never forget the sinking feeling during those first moments. Trying to make sense of the nonsensical is always difficult. Knowing about the crackdown had not prepared me for how I’d feel when someone I knew was caught up in it.

…..

It was around 8pm on 5 July when I saw several missed calls from a colleague in Turkey. When I rang back, I learned that Amnesty’s Director in Turkey, Idil Eser, and nine others were in detention after being arrested  while attending a workshop on the island of Buyukada. My friend and sister Ozlem was among them. I recall vividly the ensuing hours, making frantic calls to whoever I could think of to try and find out where they were and what was going on. How could people be arrested for attending a human rights workshop? It made no sense.

…….

This week, I will be in Istanbul for the verdict in the case of Taner and the Buyukada 10. If found guilty of ‘membership of a terrorist organisation’, they could face up to 15 years behind bars. At the last hearing in November, I was in the courtroom when the state prosecutor requested that Taner and five of the Buyukada 10 – Idil, Ozlem, Gunal, Nejat and Veli – be convicted, and recited those initial absurd allegations that had been destroyed under the weight of the evidence their defence had provided. This included the allegation that Taner had the secure messaging app ByLock on his phone. Since the coup attempt the authorities have used this allegation against tens of thousands of people to try to prove they were part of an armed terrorist organization. In Taner’s case it was proven to be baseless, including by the state’s own reports to the court. In fact, after 10 hearings in the case, all the accusations made against them have been shown, one by one, to be entirely baseless. How is it possible that the state is still asking for the convictions of our colleagues and friends? The situation facing them is not unique. Their situation is in many ways emblematic of the wave of repression that has gripped Turkey. On Tuesday, another landmark verdict is expected in the case of Osman Kavala and 15 others accused of conspiring to overthrow the government. Despite failing to produce a shred of evidence to support their claim, the prosecution has nevertheless sought life prison for them… [see also: https://humanrightsdefenders.blog/2020/01/29/turkey-defies-european-court-on-kavala-and-undergoes-upr-review/]

I have been in that courtroom for this trial ever since it began. Each time, the absurdity of the prosecution and the complete lack of evidence of any crime having been committed – let alone under terrorism laws – struck everyone in attendance as reserved to the pages of a nightmarish novel. When I walk into the Istanbul courtroom next week, I know there is only one outcome that could deliver justice.  Taner, Ozlem, Idil, Nala. Seyhmus, Ilknur, Ali, Peter, Veli, Gunal and Nejat must all be acquitted. For defenders of human rights, for our friends, for human rights in Turkey, this is the only way just end to this long saga.

https://www.amnesty.org/en/latest/news/2020/02/who-will-defend-the-defenders/