Lawyers have welcomed the decision by Delhi High Court stating that protesters have the right to criticise the government. They also hailed the Court’s verdict defining the lines between criticism of the government and activities that destabilize the country.
Aneesha Mathur in India Today of 16 June 2021 reports that -with the Delhi High Court rapping the government and Delhi Police over imposing UAPA on activists in connection with the clashes, following the anti-CAA protest – lawyers and jurists have said the verdict was significant since it has tried to define the line between criticism of the government, which is a Constitutional right, and activities that destabilize the country.
Former Supreme court justice Madan B Lokur welcomed the High court verdict.: “The judgment is welcome. It’s about time the courts told the State that draconian laws like the UAPA, NSA, sedition and so on may be used, if at all, very rarely and only if there is clinching evidence. Draconian laws cannot and must not be abused otherwise our braveheart judges will strike down arbitrary actions. The Delhi High Court has opened the door for interference and other High Courts should follow quickly while recognising that human rights are for humans and not the faceless State,”.
Senior advocate Dushyant Dave told India Today TV that the court had “not said anything new but laid down the law on the facts of the case.” Dave also called for “proactive and expeditious” movement from the judiciary on similar cases, and said that the activists “had lost one year of their life,” for no reason.advertisement
“We are the world’s largest democracy. We will not be able to call ourselves a democracy if such laws are used to suppress dissent.” Speaking to India Today TV, Dave said despite “rule of law”, India had “become a police state.”
“Not only is BJP government abusing UAPA, but the Congress government also abused POTA and thousands were put in jail,” said Dave.
Lawyer Vrinda Grover also said the HC verdict was “significant” since there has been indiscriminate use of the law in recent years.
“Over the last few years, we see the police frequently using UAPA and sedition to silence critical citizens’ voices by placing them behind bars under stringent anti-terror law. The High Court has pierced through the indiscriminate use of UAPA by the police and unwarranted labelling of activities as terrorism. The Court has reiterated that non-violent contestation of government policies and laws is a constitutionally protected right to protest. Finally, the court has also reminded that if the speedy trial is not possible they must be granted bail,” said Grover.
He added: “In this context, we must raise the issue of incarceration of 16 human rights defenders in the Bhima Koregaon case under UAPA for almost three years and the trial is yet to commence. The judiciary must intervene and not allow the criminal legal machinery to be used by the State to suppress fundamental freedoms of citizens, otherwise democracy is in peril.”
“Anti-terror laws are made very strict because they are meant to handle terrorism cases. The government must balance the right of the citizens to protest and criticise with the need of the state. But governments tend to treat criticism as sedition and anti-national, which is wrong. The two judges have shown courage in calling this out,” said Senior advocate Geeta Luthra.
Former Law Commission chairman, Justice BS Chauhan said that while the potential for misuse “cannot mean repeal of an act”, there is a “need to define the contours of the law, as the UAPA is a wide provision” as it was meant to combat serious threats.advertisement
“Courts need to define contours of sedition and UAPA otherwise they can cover freedom of speech and expression,” said Chauhan.
https://www.indiatoday.in/law/story/wrong-to-treat-criticism-as-sedition-lawyers-welcome-delhi-hc-verdict-quashing-uapa-case-against-activists-1815309-2021-06-16
Thailand: joint statement by International NGOs on Pro-Democracy Protests
November 29, 2020A group of 13 important human rights NGOs – in a joint statement – condemn the Thai police’s unnecessary and excessive use of force against peaceful protesters marching to the national parliament in Bangkok on November 17, 2020. They are concerned that authorities could employ similar measures when facing protesters who have declared they will march to the Siam Commercial Bank headquarters on November 25.
On November 17, police set out barriers and barbed wire to prevent a peaceful march organized by pro-democracy movements from reaching the parliament. Protesters planned to protest outside the parliament as members of parliament and senators debated seven different proposals for constitutional amendments, including an amendment proposed by the lawyers’ non-governmental organization iLAW (Internet Law Reform Dialogue), which was supported by the People’s Movement and its allies. Police refused to let protesters through the barriers, and when the demonstrators acted to breach those barriers, police crowd control units used water cannons laced with purple dye and an apparent teargas chemical, as well as teargas grenades and pepper spray grenades, to forcibly disperse thousands of demonstrators, including students, some of whom are children. Water cannons were first used at approximately 2:25 pm and police continued their efforts to disperse protesters, with constant use of water cannons, teargas and pepper spray into the evening.
Police also failed to prevent violence between pro-democracy protesters and royalist “yellow shirts” near the Kiak Kai intersection, near the parliament. Initially, riot police separated the two groups. However, video posted on social media later showed police officers informing the royalist protesters that they would withdraw and seconds later they vacated their position between the two groups. During the ensuing skirmishes, both sides were filmed throwing rocks and wielding clubs. Live broadcasts included sounds that appeared to be gunfire.
The Erawan Medical Centre reported that there were at least 55 protesters injured, mostly from inhaling teargas. It also reported that there were six protesters who suffered gunshot wounds. The injured included children: a kindergartener and elementary school students….
On November 18, the spokesperson for United Nations Secretary-General António Guterres “expressed concern about the [human rights] situation in Thailand … it’s disturbing to see the repeated use of less lethal weapons against peaceful protesters, including water cannons … it’s very important that the government of Thailand refrain from the use of force and ensures the full protection of all people in Thailand who are exercising a fundamental peaceful right to protest.”
We call on the Thai government to respect, protect and fulfill the right of demonstrators to peacefully protest, in line with Thailand’s international obligations under the ICCPR and customary international law. Specifically, Thailand should:
1. Permit the People’s Movement march to proceed on November 25 and allow for non-violent protesters, including those who are children, to peacefully protest in front of the Siam Commercial Bank headquarters.
2. Protect the rights of protesters, including those who are children, in accordance with the Human Rights Committee’s General Comment No. 37 on the Right of Peaceful Assembly.
3. Facilitate the exercise of the right to peacefully assemble and refrain from dispersing assemblies by using weapons, including less-lethal weapons, against protesters in line with the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and UN and other guidance on less-lethal weapons.
4. Protect protesters, including those who are children, from violence and interference by non-State actors, while also protecting the rights of counter-demonstrators.
5. Take steps to ensure accountability for rights violations associated with the government’s crackdown on the protest movement and to ensure that those whose rights have been violated enjoy the right to an effective remedy, as guaranteed under ICCPR article 2(3).
Signed by:
Amnesty International
Article 19
ASEAN Parliamentarians for Human Rights
Asia Democracy Network
Asian Forum for Human Rights and Development (FORUM-ASIA)
Asian Network for Free Elections (ANFREL)
CIVICUS: World Alliance for Citizen Participation
Civil Rights Defenders
FIDH – International Federation for Human Rights
Fortify Rights
Human Rights Watch
International Commission of Jurists
Manushya Foundation
———–
https://www.hrw.org/news/2020/11/25/statement-international-ngos-pro-democracy-protests-november-17-and-25-2020
Posted in AI, Civil Rights Defenders (NGO), Front Line, HRW, human rights, Human Rights Defenders, ICJ | Leave a Comment »
Tags: freedom to demonstrate, General comment ICCPR, joint statement, NGOs, police violence, students, Thailand