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Update on Turkey: Taner Kılıç released but what about all the others?

January 31, 2018

Following a decision by a court in Istanbul to conditionally release the Chair of Amnesty International Turkey, Taner Kılıç, after nearly eight months in detention, Gauri van Gulik, AI’s Europe Director said: “It is an enormous relief that Taner will soon be back with his wife and daughters, sleeping in his own bed for the first time in almost eight months. But we cannot forget that many other innocent people remain behind bars without a shred of evidence in Turkey.” “Today we take a brief moment to celebrate, but tomorrow we will continue our struggle to have all charges dropped against Taner, the Istanbul 10, and all other innocent victims wrongfully caught up in this vicious crackdown.”

NOTE:  1 February update in http://gkmen.com/2018/02/01/turkey-court-reverses-release-of-amnesty-head-taner-kilic/: “Andrew Gardner, a senior Amnesty researcher on Turkey, tweeted that Kılıç was transferred from prison custody to gendarmerie custody late Wednesday. While the Istanbul court rejected the appeal, it nonetheless sent the application to another court for a decision on Kilik’s detention. “This is devastating for Taner’s family and a disgrace to justice”, he added. The group said the next hearing in his trial has been set for June 21.

While Kılıç has now been released, the trial against him, director of Amnesty International Turkey İdil Eser, and the other nine human rights defenders on trumped-up terrorism related charges continues. [Kılıç was detained on June 6, 2017 and sent to jail three days later, where he has been ever since. Ten other activists “the Istanbul 10”, including Eser, were detained a month later. Eight of them were held for almost four months before being released on bail at their first hearing in October. The Istanbul 10 were accused of “membership of a terrorist organization,” a baseless allegation for which the prosecution has yet to provide any concrete evidence that would stand up to scrutiny. – https://humanrightsdefenders.blog/2017/11/22/celebrities-come-out-to-support-taner-kilic-amnesty-turkeys-chair-on-trial-today/ ]

Over 570 lawyers arrested in Turkey in last 18 months

Turkish police wrestle a lawyer to the ground outside of a courthouse in Turkey. (Photo: Social Media)
 Ari Khalidi (Kurdistan24.net) reported on 30 January 2018 that an opposition lawmaker in Turkey revealed on Tuesday that authorities had arrested 572 lawyers during the one and a half year-long state of emergency in place since a failed military coup to topple the administration of President Recep Tayyip Erdogan. Republican People’s Party (CHP) lawmaker Senal Sarihan told a press conference at the Turkish Parliament that of the lawyers arrested, 488 faced maltreatment in police custody, as 79 of them were given prison sentences.

..Last week, the International Bar Association’s Human Rights Institute (IBAHRI) urged the Turkish government to stop persecuting lawyers.

“This situation demonstrates a flagrant disregard for the rule of law and is a deliberate attack on human rights defenders and legal professionals. We call on the Turkish government to bring an end to this deplorable situation and to adhere to international instruments,” IBAHRI’s Co-Chair Hans Corell said. According to IBAHRI, 1,488 lawyers were prosecuted, and 34 bar associations were shut down in Turkey.

A demonstration outside a courthouse in Istanbul, Turkey in solidarity with the staff of the opposition newspaper Cumhuriyet on trial over alleged support to terrorist groups, July 24, 2017.

A demonstration outside a courthouse in Istanbul, Turkey in solidarity with the staff of the opposition newspaper Cumhuriyet July 24, 2017. © 2017 Reuters

Human Rights Watch in its World Report  stated that Turkey “increased restrictions on the media, political opposition, and human rights defenders during 2017, on the back of a very narrow referendum“.  Turkey also introduced a presidential system with insufficient democratic checks and balances against the president’s abuse of power. “Everywhere you look, checks and balances that protect human rights and rule of law in Turkey are being eroded” said Hugh Williamson, Europe and Central Asia director at Human Rights Watch. “The move to a presidential system, the ongoing state of emergency, and charges against opposition lawmakers have all weakened parliament, the courts are under ever tighter government control, and the crackdown on media and civil society deepens.”..

—

http://www.kurdistan24.net/en/news/dc830090-68a9-4f8f-a766-d4725d5f9e6a

https://www.amnestyusa.org/press-releases/turkish-court-releases-amnesty-chair-after-nearly-8-months-in-jail/

https://www.hrw.org/news/2018/01/18/turkey-media-activists-political-opposition-targeted

https://www.ft.com/content/797ff3d2-f228-11e7-b220-857e26d1aca4

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Saudi Terrorism court hands down heavy sentences for starting a human rights group

January 26, 2018
The hope that the reform-oriented turbulence in Saudi Arabia means a reprieve for human rights defenders was dealt a severe blow: ALQST and others reported that on 25 January 2018, the Specialised Criminal Court (SCC) handed down jail sentences of seven years for rights activist Abdullah bin Mudhhi al-Atawi and 14 years for rights activist Mohamed bin Abdullah al-Oteibi on charges relating to their peaceful activism, notably the founding of an NGO, the Union for Human Rights.

Background: The two men received a phone call on October 20, 2016 informing them that there was a case against them in the SCC, the Saudi court that handles terrorism cases, and informing them of the date of the first hearing. The first session of the trial took place in the SCC on October 30, 2016. The two men were charged with offences relating to their peaceful activism and freedom of expression, the main charge being the founding of a human rights organisation, the Union for Human Rights. They were accused of publishing statements about human rights, which the Public Prosecutor considered an infringement of the jurisdiction of government-sponsored civil society institutions like the Saudi Human Rights Commission and the National Society for Human Rights. The Public Prosecutor regarded publishing human rights reports, contacting the media and human rights organisations, being guests of the detained activist Abdullah al-Hamid, and retweeting posts on Twitter to be crimes deserving punishment. The first hearing ended with December 26, 2016 being set as the date for the next session.

In March 2017, Mohamed al-Oteibi left the country and travelled to Qatar, where he managed to obtain the right of asylum in Norway. As he set off for Norway, he was apprehended at Doha’s Hamad International Airport on May 24, 2017 and handed over to the Saudi authorities the following day. [see https://humanrightsdefenders.blog/2017/06/01/qatar-extradited-human-rights-defender-otaibi-to-saudi-arabia-ignoring-norways-grant-of-asylum/] Mohamed bin Abdullah al-Oteibi is a prominent defender of human rights in Saudi Arabia. He had been arrested previously in Saudi Arabia while engaging in legitimate civic activity without committing any criminal act. On January 1, 2009 he was arrested along with other activists and charged with taking part in a peaceful demonstration. On that occasion he spent about four months in prison, including two months in solitary confinement, isolated from the outside world. Given that the activity Oteibi had engaged in and for which he was punished was a legitimate civic activity, in 2011 the United Nations Working Group on Arbitrary Detention issued a formal opinion to the effect that Oteibi’s arrest breached Article 9 of the Universal Declaration of Human Rights; that there was no legal basis to justify depriving Oteibi of his freedom; and that in the view of the Working Group his detention was essentially an arbitrary measure with no basis in law that contravened and breached a number of his basic legal rights.

Oteibi and Atawi were once again brought before the SCC, the court that handles terrorism cases, in December 2016. All of the charges against them violated their basic legal rights. The main charge was that of helping to set up an association concerned with human rights (the Union for Human Rights), despite the fact that Oteibi, Atawi and their colleagues had already closed down the group and suspended its activities, in exchange for undertakings that they would not face any penalty…

https://alqst.org/eng/terrorism-court-hands-seven-14-year-jail-sentences-starting-human-rights-group/

http://www.arabianbusiness.com/politics-economics/384249-new-saudi-law-to-fight-terrorism-criticised

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In memoriam Oby Theodora Nwankwo, Nigerian activist for the International Criminal Court (ICC) and women’s rights

January 24, 2018
Human Rights Watch Associate Director, International Justice Program, , wrote an obituary for Oby Theodora Nwankwo, a Nigerian activist who tirelessly advocated for the International Criminal Court (ICC) and women’s rights.  She died on 9 December 2017 at the age of 61:

I got to know Oby through our common work to push back against unprincipled attacks by some African leaders on the ICC. The attacks surged after the ICC issued arrest warrants in 2009 and 2010 for Sudanese President Omar al-Bashir for alleged genocide, war crimes, and crimes against humanity in Darfur.

Oby Nwankwo
 © Oby Nwankwo/Facebook

 

At the time, people had limited knowledge of the ICC’s role as a court of last resort, and many did not know that several African governments had requested the ICC to investigate crimes in their countries. The court’s critics exploited this, spreading false information about the court being biased and targeting Africa. Oby stood out as someone willing to jump in and speak up on behalf of victims, whether in Nigeria or around the world, countering the prevailing narratives in African media. “It is high time African governments and the AU [African Union] put themselves on the right side of history and support justice for victims, not abusive leaders,” she said.

Over the years, Oby was a member of the Committee on the Elimination of Discrimination against Women, and she led the Nigerian Coalition for the International Criminal Court and the Civil Resource Development and Documentation Center. Oby also helped guide the work of the global Coalition for the International Criminal Court through its steering committee.

Oby encouraged strategic activism. When al-Bashir turned up in Nigeria after the ICC issued warrants against him, Oby went to court to insist on his arrest – after which al-Bashir hightailed it out of the country. Activists in Uganda, Democratic Republic of Congo, Kenya, Zambia, and South Africa have taken up similar efforts, campaigning on the streets and in the courts for al-Bashir to be arrested when he arrives or threatens to arrive in their countries.

I looked to Oby for guidance, sound advice, and the passion needed to keep at it even when the landscape was challenging. Her efforts have made a difference. In the past year, some of the worst attacks on the ICC emanating from Africa have ebbed, and more than a dozen countries stepped forward to reaffirm their commitment to the ICC.

Nigeria – and Africa – lost a tremendous activist. Oby’s energy for the cause will remain in my heart as the work continues.

https://www.hrw.org/news/2018/01/22/nigeria-loses-treasured-justice-advocate

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In memoriam: Corinne Dufka remembers Peter Takirambudde

December 1, 2017

On 1 December 2017 Corinne Dufka of Human Rights Watch wrote a column about Peter Takirambudde who passed away on 16 November in his native Uganda. He was head of HRW’s Africa division from 1996 to 2008 during multiple crises, including in Sudan, Sierra Leone, Nigeria, Rwanda, and the Democratic Republic of Congo. After leaving Human Rights Watch, Peter founded and directed the Botswana-based African Human Rights Consortium, which helped train members of civil society from across the continent in human rights investigation and advocacy. Peter was also a lawyer and a well-respected law professor, including at the University of Botswana-Gaborone, where he served as head of social sciences, and at the University of Lund in Sweden. He received a bachelor’s degree from Makerere University in Uganda and a doctoral degree from Yale University.

As noted by Kenneth Roth, Human Rights Watch’s executive director, “We remember him fondly for his deep intellectual engagement with African human rights issues, his always-incisive analysis, and his principled and passionate defense of the rights of people throughout the continent. He made a very important mark establishing Human Rights Watch in Africa, and we remain deeply indebted to him.”

The full text below:

Read the rest of this entry »

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Human Rights Defenders slowly gaining recognition in climate talks

November 20, 2017
Katharina Rall and Matthew Parsons wrote for Human Rights Watch that “Support for Rights Grows at Bonn Climate Talks”. In this piece they report:
Indigenous peoples demand their rights at climate negotiations in Marrakesh
Indigenous peoples demand their rights at climate negotiations in Marrakesh, Morocco, November 2016,© 2016 Katharina Rall / Human Rights Watch

The talks wrapped up on Friday, and during the last two weeks, advocates for gender equality and indigenous peoples made their voices heard and won hard-fought battles to better respect their rights. Notably, governments agreed to create a platform to promote the participation of indigenous peoples in United Nations climate responses, and adopted a Gender Action Plan that aims to better integrate gender equality in climate change policies.

There was also increased attention given to environmental rights defenders and indigenous people who have been killed, attacked, and threatened for their activism. The Office of the UN High Commissioner for Human Rights noted that governments often fail to conduct serious and timely investigations.

Just when the talks were nearing their end, human rights were pushed to the fore when Fijian prime minister and president of the climate talks, Frank Bainimarama, convened a high-level event about the importance of rights in climate negotiations. Why was this such a big deal? Because never before has any government presiding over the talks hosted an official event on human rights.

Bainimarama has also long been among those who have been silent on human rights issues. But on Thursday, he announced that integrating human rights in the implementation of the Paris Agreement was an important element of Fiji’s presidency, which will continue through the coming year. Costa Rica’s environment minister, Edgar Gutiérrez-Espelata, also proposed concrete ways to integrate rights into the current negotiations about the so-called Paris Rulebook. For example, governments could reference human rights obligations in climate change action plans and climate negotiators could agree to build capacity among states on promoting human rights in climate action.

The authors realize that of course, “such commitments are worth little unless governments are willing to turn rhetoric into reality. If they are serious about fighting climate change, governments should also do more to integrate the protection of human rights in climate policies, while defending the rights of people working to protect the environment.”

Similar ideas are to be found in the “Opening speech at seminar on human rights defenders” given the the Norwegian State Secretary Audun Halvorsen in Oslo, on 30 October for a seminar on “Environmental human rights defenders under threat from business operations“. The seminar was organised by Amnesty International Norway and Rainforest Foundation Norway.

See also my earlier posts such as: https://humanrightsdefenders.blog/2017/07/15/documenting-the-killings-of-environmental-defenders-guardian-and-global-witness/

https://www.hrw.org/news/2017/11/20/support-rights-grows-bonn-climate-talks

https://business-humanrights.org/en/latest-news-on-cop23-climate-discussions#c164666

https://www.regjeringen.no/en/aktuelt/hr_defenders/id2577110/

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Philippines shows the weakness of the UPR system: spinning only on one side

September 23, 2017

On 23 September 2017 quite a number of observers and some media responded to the ill-deserved claim by the Philippines Government that it has scored a “big victory” in the UN’s UPR (Universal Periodic Review).  The problem remains that the UN itself does not have the outreach and ‘spinning’ capacity to counter the propaganda spread, especially at the national level in the Philippines.

Seat of the United Nations Human Rights Council in Geneva. UN Brief photo

In reality it was ignoring important issues raised and rejected key recommendations made by other States. The Philippine delegation on Friday at the session in Geneva accepted only 103 out of 257 recommendations made by member-states. On Saturday, the Department of Foreign Affairs claimed the country “scored a big victory in Geneva” when the UN body “overwhelmingly adopted Manila’s human rights report card.” (Foreign Affairs Secretary Alan Peter Cayetano claimed the “adoption” of Manila’s report means that the country “has nothing to hide with its human rights record.“)  [see also: https://humanrightsdefenders.blog/2016/11/02/duterte-is-wrong-human-rights-defenders-are-beautiful/]

Adoption of the UPR outcome report, however, cover both the report by the Philippines’ and also the other states’ positions on its human rights record, which included calls to investigate killings (the final document “consists of the questions, comments and recommendations made by States to the country under review, as well as the responses by the reviewed State,” according to a UN human rights office’s brief on its website.)

While member-states welcomed the Philippines’ acceptance of some of the recommendations such as on poverty and education, many expressed concern over its decision not to take action on most of the points raised. Key recommendations merely “noted” by the Philippines—a move interpreted as a rejection by observers—include 44 related to extrajudicial killings in the Duterte government’s campaign against illegal drugs. The Philippines also snubbed recommendations relating to the protection of journalists and human rights defenders, as well as those urging it to lift conditions to allow access of the UN special rapporteur on extrajudicial killings.

“A farce”. This was how human-rights group Karapatan described the Philippine government’s supposed “victory”. Karapatan secretary general Tinay Palabay said on Saturday the Philippine government delegation to Geneva “conveniently glosses over” the fact that it did not accept a number recommendation that aimed to resolve pressing issues on human rights. The Philippine delegation, however, practically denied before the UN body the existence of extrajudicial killings in the drug war despite the increasing number of deaths of suspects without trial.

International watchdog Human Rights Watch also reminded the Philippines to cooperate as a member of the council in all of its mechanisms, such as in allowing the special rapporteur without conditions to look into cases in the Philippines.

Sources: Ignoring issues raised, Philippines claims ‘victory’ in UN review | Headlines, News, The Philippine Star | philstar.com

http://www.interaksyon.com/dedma-blues-human-rights-watch-dismayed-at-ph-rejection-of-review-recommendations/

http://globalnation.inquirer.net/160441/karapatan-downplays-ph-delegates-victory-unhrc-united-nations-unhrc-dfa-cayetano-karapatan-human-rights-group#ixzz4tUkOfpcR

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Eyes on Germany: human rights in the election campaign

September 21, 2017

With elections coming up in Germany this weekend it is interesting to alert you to three items that may have escaped attention:

(1)  A report by Deutsche Welle states that Germany granted asylum to 196 Turkish diplomats:

Germany grants asylum to 196 Turkish diplomats: report

In response to a parliamentary question by Left Party, Germany’s Interior Ministry said 196 Turkish nationals, who applied for asylum in Germany following a botched coup attempt in July, 2016, were recognized. According to the ministry statement, 80% of 249 Turkish applicants with diplomatic status and their families were given asylum. Members of Turkish Armed Forces (TSK) are also among those seeking asylum, said the ministry. The number of asylum applications from Turkey has been significantly increasing. There were 433 applications in June while this number rose to 620 in July and 962 in September.

(2) On 20 September Human Rights Watch made public its assessment of the ‘human rights’ content of the political platforms of the different parties. It concludes that the parties differ on human rights approach and in migration policy.

201709eca_germany_campaignposters
Election campaign posters for the upcoming general election are pictured in Berlin, Germany, September 12, 2017. © 2017 Reuters
“The election platforms of the main German parties offer a clear roadmap for voters when it comes to making sure their elected representatives will protect human rights,” says Wenzel Michalski, Germany director at Human Right Watch. “Of course, what matters is the actual political work after the elections, which we will closely monitor.”  Three parties, the SPD (Social Democratic Party of Germany), Bündnis90/Die Grünen (Alliance 90/The Greens) and FDP (Free Democratic Party) devote separate sections of their platforms to human rights in foreign policy.
Separately, a German newspaper publisher said it filed an appeal to Turkey’s highest court against the incarceration for the past five months of a German-Turkish reporter, the Associated Press has reported. Deniz Yücel, who works for the daily Die Welt, was arrested Feb. 14 in Istanbul. He was accused of disseminating terrorist propaganda and inciting hatred, as well as espionage and ties to the outlawed Kurdistan Workers’ Party (PKK) – allegations Yücel denies. He hasn’t been formally charged.

Sources:

Germany grants asylum to 196 Turkish diplomats: report | Turkey Purge

https://www.hrw.org/news/2017/09/20/germany-parties-differ-human-rights-approach

http://www.hurriyetdailynews.com/germanys-merkel-criticizes-turkey-over-arrest-of-german-human-rights-activist.aspx?pageID=238&nID=115678&NewsCatID=351

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The kind of blogging that got Mother Mushroom 10 years imprisonment in Vietnam

July 6, 2017

On 20 April 2015 I reported on a Vietnamese blogger nicknamed “Mother Mushroom” being awarded the Civil Rights Defender of the Year award [https://humanrightsdefenders.blog/2015/04/20/vietnamese-blogger-mother-mushroom-gets-civil-rights-defender-of-the-year-award-2015/]. Now a long piece by Visen Liu under the title ““Why did the fish die?” goes into detail about  why Vietnam thinks it needs to imprison for 10 years a mom blogger.

Prominent blogger Nguyen Ngoc Nhu Quynh, left, stands trial in the south central province of Khanh Hoa, Vietnam, Thursday, June 29, 2017. She was accused of distorting government policies and defaming the Communist regime on her Facebook posts, her lawyer said. Quynh, also known as "Mother Mushroom," denied the charges against her during her trial, lawyer Le Van Luan said. He said the prosecutors requested 8-to-10 years in prison. (Vietnam News Agency via AP)
No country for questions. (Vietnam News Agency via AP)

Last week, Vietnam convicted and sentenced her to prison for a decade on charges of “conducting propaganda against the state.” The main evidence against her? A body of writing, some 400 Facebook posts about fish deaths, China’s intervention in the South China Sea, and police brutality in Vietnam. Her Facebook posts were described by the police as “a pessimistic, one-sided view that caused public confusion and affected the people’s faith [in the State].”

Nguyen has described her writing differently, saying it was motivated by wanting to leave a better country for her children. She’s part of a wave of environmental activism that is growing in the one-party state where civil liberties and the press are severely restricted; in recent years Vietnam has seen public rallies over harm to marine life and to protect trees. Over years, from posting about parenting, she graduated to impassioned writing about the environment and human rights:

  • The 2016 fish die-off. Nguyen has often posted about the deaths of some 70 metric tons of fish in April 2016 that locals blamed on waste water from a new steel plant in the Ha Tinh province owned by Formosa Ha Tinh Steel, a subsidiary of Taiwan-based Formosa Plastics Group, a major investor in Vietnam. State-media first blamed the firm for the marine crisis, which hurt both fishing and tourism, but then back-tracked. The firm also initially said it was not to blame, sparking anger and protests. While heading to an environmental rally last May, Nguyen was assaulted in a hotel lobby, according to the Office of the United Nations High Commissioner for Human Rights (OHCHR). Later that month, Nguyen made it to another rally and managed to hold up a sign asking “Why did the fish die?” Vietnam eventually officially blamed Formosa, which has promised to pay $500 million for clean-up and compensation. Security authorities cited signs they found in Nguyen’s home, including one that says “Fish need water,” as part of their evidence against her, according to the OHCHR.

  • South China Sea In November 2015, Nguyen called on people to rally against the visit of Chinese president Xi Jinping, citing detentions of fishermen as well as China’s treatment of its ethnic minorities. Vietnam and China have ongoing territorial disputes in the South China Sea. In an earlier post she criticized Vietnam’s stance with China over the South China Sea.

  • Deaths in detention Nguyen and others compiled reports from state-owned media and put together a file called “Stop police killing civilians” about 31 people who died in police custody. The document was later criticized by the police: “[It] bears a hostile viewpoint against the people’s police force.” ….

    Offline protests Apart from blogging, she also waged her battles in offline protests. She actively participated and advocated for activities to promote a freer political atmosphere and cleaner environment. …

..She was detained and allegedly assaulted by police several times before her current incarceration. One time she faced a $66 fine over her Facebook posts. When Civil Rights Defenders, a Swedish advocacy group, awarded her the title of Defender of 2015, she was not able to receive the prize in person as she was in detention. At the same time as she was becoming an increasingly active blogger, Nguyen continued to support her family, including her two children, 60-year-old mom and 90-year-old grandmother, by working as an independent tour guide.

Things came to a head last year. Nguyen was arrested in October 2016 after she accompanied the mom of an imprisoned online activist to help her see her son. Her daughter, now 11, saw her being hand-cuffed and taken away by numerous police officers. Nguyen’s son was just two at the time of her arrest. In March, the US awarded her its “Women of Courage” award. Numerous rights groups have called for her release, including Human Rights Watch, Civil Rights Defenders and Pen America.

“Her activism has been motivated in part by her strong views that her children should inherit a country where human rights, environmental protection, and rule of law are meaningful and part of everyday reality, and not just rhetoric spouted by the ruling Communist Party,” wrote Phil Robertson, of Human Rights Watch….

Source: Mother Mushroom wants to know: The questions and Facebook posts that led Vietnam to imprison a mom blogger — Quartz

http://www.bbc.com/news/world-asia-40439837

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Human Rights Watch urges Turkey to release Amnesty’s country head

June 9, 2017
Human Rights Watch urges Turkey to release Amnesty’s country head
Human Rights Watch (HRW) on Thursday 8 June 2017 called on Turkish authorities to immediately release Taner Kılıç, chair of the board of Amnesty International’s Turkey section, who has been under detention since June 6. It is heartening to see the two biggest NGOs coming to each other’ rescue from time to time. In February this year AI Israel co-signed a statement deploring the decision not to allow Omar Shakir of Human Rights Watch to take on his post [“We stand in solidarity with him and our colleagues at HRW.”  – see https://humanrightsdefenders.blog/2017/02/26/israel-denies-work-permit-to-human-rights-watch-and-continues-harassment-of-hrds/]

The anti-terror unit of the Izmir police on Tuesday detained lawyer and human rights defender Kılıç together with 22 other attorneys as part of a witch-hunt targeting people linked to the Gülen movement. “Turkey should release Taner Kılıç, who is a tireless defender of human rights, known for his support for Amnesty International over many years,” said Hugh Williamson, Europe and Central Asia director at Human Rights Watch. “Detaining Kılıç on suspicion of terrorist offenses looks like a tactic aimed at discrediting his legitimate human rights work.”

Kılıç is a founding member of AI Turkey and has been chairman of its board of directors since 2014. He has also played a strong role in advocating for refugee rights as a lawyer and with domestic nongovernmental groups and others working on these issues. The European Union on Thursday expressed concern about the recent detention of Taner Kılıç.

(According to a report by the state-run Anadolu news agency on May 28, 154,694 individuals have been detained and 50,136 have been jailed due to alleged Gülen links since the failed coup attempt.

Source: Human Rights Watch urges Turkey to release Amnesty’s country head | Turkey Purge

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Assange’s persecution or prosecution? Marjory Cohen knows the answer

May 31, 2017
Marjorie Cohn – professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, and deputy secretary general of the International Association of Democratic Lawyers – wrote a perhaps controversial but clear piece about the case of Assange under the title:  The Meaning of Assange’s Persecution. In Consortiumnews of 29 May 2017 you will find the full piece.  She concludes that the long legal ordeal of Julian Assange – and the continuing threats against the WikiLeaks founder – make a mockery of the West’s supposed commitment to press freedom and the public’s right to know. Here some excerpts:

WikiLeaks founder Julian Assange. (Photo credit: Espen Moe)

….Although the Swedish investigation has now been dropped, the threat of arrest persists. The London police have indicated they will arrest Assange for failure to appear in a London Magistrates Court if he leaves the embassy. Britain would then likely extradite Assange to the United States for possible prosecution.

Attorney General Jeff Sessions declared in April that arresting Assange is a “priority” for the Department of Justice, even though the New York Times indicated that federal prosecutors are “skeptical that they could pursue the most serious charges, of espionage.” The Justice Department is reportedly considering charging Assange with theft of government documents. A decision to prosecute Assange would mark a 180-degree change of direction for President Trump. During the 2016 presidential campaign Trump declared, “I love WikiLeaks” after it published confidential emails from the Democratic National Committee that some U.S. intelligence agencies claim were obtained by Russian hackers (although Assange denies getting the material from Russia).

In March, WikiLeaks published CIA documents containing software and methods to hack into electronics. This was the beginning of WikiLeaks’ “Vault 7” series, which, Assange wrote in an op-ed in The Washington Post, contained “evidence of remarkable CIA incompetence and other shortcomings.” The publication included “the agency’s creation, at a cost of billions of taxpayer dollars, of an entire arsenal of cyber viruses and hacking programs – over which it promptly lost control and then tried to cover up the loss,” Assange added. “These publications also revealed the CIA’s efforts to infect the public’s ubiquitous consumer products and automobiles with computer viruses.”

CIA Director Michael Pompeo called WikiLeaks “a non-state hostile intelligence service often abetted by state actors like Russia.” Pompeo said, “We have to recognize that we can no longer allow Assange and his colleagues the latitude to use free speech values against us.” Pompeo declared, “Julian Assange has no First Amendment privileges. He is not a U.S. citizen.” But, the Supreme Court has long held that the Constitution applies to non-Americans, not just U.S. citizens. And, when the Obama Justice Department considered prosecuting WikiLeaks, U.S. officials were unable to distinguish what Wikileaks did from what the Times and Guardian did since they also published documents that Manning leaked. WikiLeaks is not suspected of hacking or stealing them.

…….

As Elizabeth Goitein, co-director of the Brennan Center for Justice’s Liberty and National Security Program, wrote at Just Security, Comey was drawing the line “not between leaking classified information and publishing it, but between publishing it for ‘good’ reasons and publishing it for ‘bad’ ones.” And, “[a]llowing the FBI to determine who is allowed to publish leaked information based on the bureau’s assessment of their patriotism would cross a constitutional Rubicon,” Goitein wrote.

Other advocates for civil liberties also defended WikiLeaks as a news organization protected by the First Amendment. “The U.S. government has never shown that Assange did anything but publish leaked information,” Kenneth Roth, executive director of Human Rights Watch, told the Times. Ben Wizner, director of the ACLU’s Speech, Privacy and Technology Project, stated in an interview with the Times, “Never in the history of this country has a publisher been prosecuted for presenting truthful information to the public.”

Assange’s Detention Called Unlawful [see also: https://humanrightsdefenders.blog/2016/02/07/on-assange-there-is-more-to-the-decision-than-knee-jerk-reactions/]

In 2016, following a 16-month investigation, the United Nations Working Group on Arbitrary Detention concluded that Assange’s detention by Britain and Sweden was unlawful. It stated, “[A] deprivation of liberty exists where someone is forced to choose between either confinement, or forfeiting a fundamental right – such as asylum – and thereby facing a well-founded risk of persecution.”….Thus, the U.N. group concluded that Assange’s continued stay in the embassy “has become a state of an arbitrary deprivation of liberty,” in violation of the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights

….Even some mainstream news organizations that have been critical of WikiLeaks for releasing classified U.S. information have objected to the idea of criminal prosecution. A Washington Post editorial in 2010 entitled “Don’t Charge Wikileaks” said: “Such prosecutions are a bad idea. The government has no business indicting someone who is not a spy and who is not legally bound to keep its secrets. Doing so would criminalize the exchange of information and put at risk responsible media organizations that vet and verify material and take seriously the protection of sources and methods when lives or national security are endangered.”

In the U.S. government’s continued legal pursuit of WikiLeaks, there is much more at stake than what happens to Julian Assange. There are principles of press freedoms and the public’s right to know. By publishing documents revealing evidence of U.S. war crimes, emails relevant to the U.S. presidential election and proof of CIA malfeasance, Assange did what journalists are supposed to do – inform the people about newsworthy topics and reveal abuses that powerful forces want concealed. Assange also has the right to freedom of expression under both U.S. and international law, which would further argue for Great Britain dropping the failure-to-appear warrant and allowing Assange to freely leave the embassy and to finally resume his life.

Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, and deputy secretary general of the International Association of Democratic Lawyers. Her most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. Visit her website at http://marjoriecohn.com/ and follow her on Twitter https://twitter.com/marjoriecohn.

Source: The Meaning of Assange’s Persecution – Consortiumnews

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