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Iran: One year after uprising in Iran the international community must combat impunity says Amnesty

September 15, 2023

The international community must pursue pathways for justice at the international level to address systemic impunity for Iranian officials responsible for hundreds of unlawful killings of protesters and widespread torture, Amnesty International said on 13 September 2023, as Iran marks the one-year anniversary of the “Woman Life Freedom” uprising.

Over the past year, Iranian authorities have committed a litany of crimes under international law to eradicate any challenge to their iron grip on power. These include hundreds of unlawful killings; the arbitrary execution of seven protesters; tens of thousands of arbitrary arrests; widespread torture, including rape of detainees; widespread harassment of victims’ families who call for truth and justice; and reprisals against women and girls who defy discriminatory compulsory veiling laws.

“The anniversary of the ‘Woman Life Freedom’ protests offers a stark reminder for countries around the world of the need to initiate criminal investigations into the heinous crimes committed by the Iranian authorities under universal jurisdiction. Government statements calling on the Iranian authorities to halt the unlawful use of firearms against protesters, stop torturing detainees, and release all individuals detained for peacefully exercising their human rights remain as crucial as ever. These actions show victims they are not alone in their darkest hour.”

The anniversary of the ‘Woman Life Freedom’ protests offers a stark reminder for countries around the world of the need to initiate criminal investigations into the heinous crimes committed by the Iranian authorities under universal jurisdiction. Diana Eltahawy, Amnesty International’s Deputy Regional Director for the Middle East and North Africa

The Iranian authorities have waged an all-out assault on the human rights of women and girls over the past year. Despite months of protests against Iran’s compulsory veiling laws, triggered by the arbitrary arrest and death in custody of Mahsa/Zhina Amini, the authorities have reinstated “morality” policing and introduced a raft of other measures that deprive women and girls who defy compulsory veiling of their rights.

These include the confiscation of cars and denial of access to employment, education, healthcare, banking services and public transport. Simultaneously, they have prosecuted and sentenced women to imprisonment, fines and degrading punishments, such as washing corpses.

This assault on women’s rights is taking place amid a spate of hateful official statements referring to unveiling as a “virus”, “social illness” or “disorder” as well as equating the choice to appear without a headscarf to “sexual depravity.”

The authorities are also working on new legislation that will introduce even more severe penalties for defying compulsory veiling.

Mass arbitrary detentions and summons

During the uprising and in the months that followed, the authorities arbitrarily arrested tens of thousands of men, women and children, including protesters, human rights defenders and minority rights activists.  Those arrested include at least 90 journalists and other media workers and 60 lawyers, including those representing families of individuals unlawfully killed. Scores of other lawyers were summoned for interrogations. [see e.g. https://humanrightsdefenders.blog/2023/05/11/now-it-is-the-turn-of-the-iranian-journalists-who-reported-on-mahsa-amini/]

Ahead of the anniversary, the authorities have intensified their campaign of arbitrary arrests targeting, among others, family members of those unlawfully killed, and forcing thousands of university students to sign undertakings not to participate in anniversary protests.

Execution of protesters

Over the past year, the authorities have increasingly used the death penalty as a tool of political repression to instil fear among the public, arbitrarily executing seven men in relation to the uprising following grossly unfair sham trials. Some were executed for alleged crimes such as damage to public property and others in relation to the deaths of security forces during the protests. All were executed after Iran’s Supreme Court rubber stamped their unjust convictions and sentences despite a lack of evidence and without carrying out investigations into their allegations of torture. Dozens remain at risk of execution or being sentenced to death in connection with the protests.

A crisis of impunity

The authorities have refused to conduct any thorough, independent and impartial investigations into the human rights violations committed during and in the aftermath of the “Woman Life Freedom” uprising and have failed to take any steps to hold those suspected of criminal responsibility to account.

Instead, authorities have applauded the security forces for suppressing the unrest and shielded officials from accountability, including two officials who admitted raping women protesters in Tehran. They have also dismissed complaints from victims and/or their families, threatening them with death or other harm if they pursued their complaints.

Amnesty International welcomed the establishment of a Fact-Finding Mission on Iran by the UN Human Rights Council in November 2022, yet much more is needed to combat the crisis of impunity for serious crimes in Iran – and to deter further cycles of bloodshed.

Amnesty International urges all states to consider exercising universal and other extraterritorial jurisdiction in relation to crimes under international law and other serious human rights violations committed by Iranian authorities, irrespective of the absence or presence of the accused in their territory. This includes initiating adequately resourced criminal investigations aimed at disclosing the truth about the crimes, identifying those suspected of responsibility, including commanders and other superiors and issuing, when there is sufficient admissible evidence, international arrest warrants. States should also contribute to achieving reparations for the victims.

https://www.amnesty.org/en/latest/news/

https://www.hrw.org/news/2023/09/15/iran-crackdown-dissent-ahead-protest-anniversary

see also:

https://www.fidh.org/en/region/asia/iran/iran-statement-on-the-un-fact-finding-mission-s-oral-upda

https://news.un.org/en/story/2023/09/1141017

Iran’s women, digital rights and human freedoms

https://www.ohchr.org/en/press-releases/2023/09/iran-un-experts-denounce-crackdown-public-commemoration-jina-mahsa-aminis

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Call to release human rights defender Manuchehr Kholiqnazarov and others in Tajikistan

September 14, 2023

With Tajikistan marking its Independence Day on 9 September 2023, CIVICUS and the Brussels-based International Partnership for Human Rights (IPHR) called on 7 September 2023 on Tajikistan’s authorities to immediately release imprisoned human rights defender Manuchehr Kholiqnazarov, and other activists and journalists detained for their human rights activities.

“Manuchehr Kholiqnazarov is a peaceful human rights lawyer and activist who has sat in jail for far too long on trumped-up charges,” said Mandeep Tiwana, CIVICUS Chief Programmes Officer. “As Tajikistan celebrates its national day, the authorities must free him and others unjustly imprisoned without hesitation.”

Authorities arrested Manuchehr on 28 May 2022 while he was a member of “Commission 44,” an official body investigating a November 2021 extrajudicial killing which sparked mass protests in Tajikistan’s Gorno-Badakhshan Autonomous Oblast (GBAO). Prosecutors falsely charged Manuchehr with participating in a criminal association and publicly calling for violent change of the constitutional order. After a closed trial which failed to meet international fairness standards, Tajikistan’s Supreme Court sentenced him to 16 years’ imprisonment in December 2022.

“It is completely absurd that the government appointed someone to a commission to investigate and report on human rights violations and then charged that same person for doing the work they were commissioned to do,” said IPHR director Brigitte Dufour. “Manuchehr should be released immediately.”

Manuchehr’s continued detention is symptomatic of the ongoing civic space restrictions in Tajikistan, which is one of the world’s most repressed countries. Tajikistan authorities have repeatedly levelled trumped-up charges of “extremism” and “terrorism” against journalists, bloggers and activists who criticise the government. CIVICUS Monitor, which assesses civic space worldwide, rates Tajikistan as “closed,” its worst possible ranking.

CIVICUS and IPHR recognise Manuchehr as part of the Stand As My Witness campaign, which advocates for the release of jailed activists and human rights defenders worldwide.

On 11 September 2023 the Norwegian Helsinki Committee, Human Rights Watch, Freedom for Eurasia, and Freedom Now demanded that he Tajik authorities drop trumped up charges against Nizomiddin Nasriddinov and immediately release him. Nasriddinov, a political activist, was recently extradited from Belarus at the request of the Tajik government.

https://www.civicus.org/index.php/media-resources/news/6551-civil-society-demands-tajikistan-release-jailed-human-rights-defender

https://www.hrw.org/news/2023/09/11/tajikistan-free-political-activist-and-drop-charges

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19 NGOs Call on US to Press the UAE to Release Ahmed Mansoor ahead of COP 28

September 1, 2023

On August 29, 2023, Amnesty International USA, Human Rights Watch, Project on Middle East Democracy (POMED) and 16 additional civil society organizations delivered an open letter urging U.S. Secretary of State Antony Blinken to encourage the United Arab Emirates (UAE) government to immediately and unconditionally release Emirati human rights defender Ahmed Mansoor ahead of the 28th Conference of Parties of the United Nations Framework Convention on Climate Change (COP28) that will take place from November 30 to December 12, 2023. [for more on UAE: see https://humanrightsdefenders.blog/tag/ahmed-mansoor/]

In the letter, the organizations urged Secretary Blinken to call on the UAE government to immediately and unconditionally release Ahmed Mansoor and other jailed human rights defenders and peaceful critics both privately and publicly at the highest levels. The organizations also called on the Secretary to signal deep concern about Mansoor’s well-being and request permission to visit him in prison as soon as possible.

“With the world’s attention on Dubai, the US government should deliver on this administration’s promise to center human rights in its foreign policy and press the Emirati authorities to finally release Ahmed Mansoor,” said Elizabeth Rghebi, Advocacy Director for the Middle East and North Africa, “As a participant in COP28, the US government can demand the UAE demonstrate through this high profile release its commitment to the human rights principles required for healthy civic space at this upcoming global gathering.”

Governments have an obligation to protect the civic space for protest, in particular guaranteeing the rights to freedom of peaceful assembly and freedom of expression. Subjecting human rights defenders and critics to unlawful use of force, arbitrary detention, unfair trials, and abusive detention conditions violate these and other rights. The US government should work to uphold its obligations both at home and when engaging diplomatic partners.

Mansoor was arrested by Emirati authorities in March 2017 for “spreading false news” to “harm the reputation of the state.” All the charges on which he was convicted were based solely on his human rights advocacy, including using email and WhatsApp to communicate with human rights organizations. Following more than a year in isolation in pre-trial detention and a grossly unfair trial, an Emirati state security court sentenced Mansoor to 10 years in prison. Mansoor is a laureate of the MEA [see: https://www.trueheroesfilms.org/thedigest/laureates/074ACCD4-A327-4A21-B056-440C4C378A1A]

Throughout his imprisonment, Mansoor has been subjected to treatment that violates the prohibition against torture and other cruel, inhuman, or degrading treatment, including being held in solitary confinement without access to reading materials, television, or radio. Since December 2017, he has been denied eyeglasses, most personal hygiene items and, at least until recently, a bed or mattress in his cell.

https://www.amnestyusa.org/press-releases/19-organizations-call-on-us-administration-to-press-uae-on-release-of-ahmed-mansoor/

https://www.hrw.org/news/2023/08/30/cop28-us-should-press-uae-activists-release

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UN Human Rights offices in Uganda have to close

August 10, 2023
Communities, marking Human Rights Day in Uganda, 2016 © OHCHR Photo

On 4 August 2023 UN High Commissioner for Human Rights, Volker Türk, expressed deep regret at the closure of his office in Uganda, following the Government’s decision not to renew the Host Country Agreement. The office in Kampala will officially cease its operations on Saturday. Sub-offices in Gulu and Moroto closed on 30 June and 31 July. See also: https://www.hrw.org/news/2023/02/15/uganda-threatens-close-un-human-rights-office

“I regret that our office in Uganda had to close after 18 years, during which we were able to work closely with civil society, people from various walks of life in Uganda, as well as engaging with State institutions for the promotion and protection of the human rights of all Ugandans,” said Türk.

“Much progress has been made in the country over the years, but serious human rights challenges remain in the path to full enjoyment of human rights for all,” the High Commissioner said.

Türk expressed particular concern about the human rights situation in Uganda ahead of the 2026 elections, given the increasingly hostile environment in which human rights defenders, civil society actors and journalists are operating.

He noted that most of the 54 NGOs that were arbitrarily suspended in August 2021 remain closed. The High Commissioner also expressed concerns that the amended Computer Misuse law may further erode free expression.

Türk warned against retrogression from Uganda’s commitments under the international human rights treaties it has ratified, including in the passage of the deeply discriminatory and harmful anti-homosexuality law, that is already having a negative impact on Ugandans.

Türk urged the Government to ensure the national human rights body can function effectively and independently, as the the main body tasked with human rights oversight in Uganda.

“The Uganda Human Rights Commission, our long-standing partner in the protection and promotion of human rights in the country, is chronically under-funded and under-staffed, and reports of political interference in its mandate undermine its legitimacy, independence and impartiality,” he said.

“I urge the Ugandan government to provide the Commission with adequate human, technical and financial resources so that it may more effectively execute its important mandate.”

“On our part, the UN Human Rights Office remains committed to working on human rights in Uganda, in line with my global mandate,” he added.

https://www.ohchr.org/en/press-releases/2023/08/turk-announces-closure-un-human-rights-office-uganda

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NGOs protest sentencing of human rights defender Patrick George Zaki – with success

July 19, 2023

A large group of civil society organizations, condemn the three-year prison sentence handed down to human rights researcher at the Egyptian Initiative for Personal Rights (EIPR) and academic Patrick George Zaki for his writings highlighting the hardship and discrimination faced by Coptic Christians in Egypt, such as himself.

On July 18, 2023, following a trial rife with due process violations, an Egyptian emergency state security court handed down a three-year prison sentence to Patrick on trumped up charges of spreading false news. Patrick, who was a graduate student at the University of Bologna at the time, was arrested by Egyptian authorities on February 7, 2020, while at the Cairo Airport during a visit home to see his family. In custody, he was held incommunicado for a 24-hour period; he was beaten, stripped, electrocuted, verbally abused, and threatened. He was initially accused of joining a terrorist organization and spreading false news. In September 2021, lawyers learned that he had been referred to emergency state security court on false news charges for a 2019 article that he authored for independent digital media outlet Daraj on his experience as a Coptic Christian religious minority, titled, “Displacement, Killing & Harassment: A Week in the Diaries of Egypt’s Copts.” On December 7, 2021, following 22 months behind bars, he was ordered released from detention pending trial, and placed on travel ban. His trial continued until the July 2023 verdict, following which he was taken back into custody today.

Verdicts handed down by an emergency court are not subject to legal appeal, only to ratification by the President. The President also has the authority to commute the sentence or to quash the verdict. Furthermore, under Circular No. 10 of 2017 governing emergency state security courts, “If the accused is brought to trial while not in custody and sentenced to a prison penalty, he must be released immediately without executing the penalty pending the decision of the ratifying authority.” Per this provision, Patrick must legally be free while the President considers ratification; for Egyptian authorities to have taken him into custody constitutes a clear violation of this circular.

The targeting, arrest, prosecution, and sentencing of Patrick Zaki for writing about his experiences as a Coptic Christian is an egregious measure by Egyptian authorities that is indicative of a larger failure by the state to protect religious minorities. Instead, the authorities target Copts for merely expressing themselves and bringing attention to the discrimination they regularly endure. This sentence occurs in violation of Egypt’s domestic laws and international legal commitments, and sends a clear message that the Egyptian government is not serious about implementing its national human rights strategy or carrying out a meaningful national dialogue. At a time during which Egyptian authorities should be addressing the dire economic crisis, this step raises severe questions on the trajectory of the country.

The undersigned civil society organizations, call on Egyptian President Abdel Fattah El-Sisi not to ratify the verdict handed down to Patrick Zaki and instead to quash it in its entirety. We call on Egyptian authorities to immediately release Patrick Zaki from custody, to drop all charges and close all cases brought against him in their entirety, and to lift the travel ban brought against him. We urge all of Egypt’s international, multilateral, and government partners to press the Egyptian government to immediately release Patrick and cease persecuting him for his legally protected speech and vital human rights work.

For once it seems to have worked: https://www.barrons.com/news/egypt-s-sisi-pardons-researcher-a-day-after-jailing-sparked-outcry-e22a3c1a?refsec=topics_afp-news

Signatories

  • Access Now
  • Alternative Press Syndicate
  • Amnesty International
  • Arab Reform Initiative
  • Cairo Institute for Human Rights Studies (CIHRS)
  • Campaign Against Arms Trade
  • Center for International Policy
  • CNCD-11.11.11
  • Committee for Justice
  • Daraj
  • Democracy in the Arab World Now (DAWN)
  • DIGNITY Danish Institute Against Torture
  • Egyptian Commission for Rights and Freedoms
  • Egyptian Front for Human Rights (EFHR)
  • Egyptian Human Rights Forum (EHRF)
  • Egyptian Initiative for Personal Rights (EIPR)
  • EgyptWide for Human Rights
  • El Nadim Center
  • FIDH (International Federation for Human Rights), within the framework of the Observatory for the Protection of Human Rights Defenders
  • Human Rights First
  • Human Rights Watch
  • HuMENA for Human Rights and Civic Engagement
  • INSM for Digital Rights
  • International Service for Human Rights (ISHR)
  • Kawaakibi Foundation
  • Lebanese Center for Human Rights – CLDH
  • MENA Rights Group
  • PEN America
  • PEN International
  • Project on Middle East Democracy (POMED)
  • Refugees Platform in Egypt (RPE)
  • Scholars at Risk
  • Shadow World Investigations
  • Sinai Foundation for Human Rights (SFHR)
  • SMEX
  • Start Point
  • Taafi initiative
  • The Freedom Initiative
  • The Legal Agenda
  • The Syria Campaign
  • The Tahrir Institute for Middle East Policy (TIMEP)
  • World Liberty Congress
  • World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders

https://www.omct.org/en/resources/statements/egypt-sentencing-of-academic-and-researcher-patrick-george-zaki

https://www.hrw.org/news/2023/07/18/civil-society-organizations-condemn-sentencing-egyptian-academic-and-researcher

https://www.aljazeera.com/news/2023/7/18/egypt-jails-rights-researcher-patrick-zaki-for-3-years-ngo-says

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Vietnam Frees Australian democracy activist Chau Van Kham

July 12, 2023

On 11 July 2023 EFE reported that Vietnam had released Vietnamese-Australian activist Chau Van Kham, sentenced in 2019 to 12 years in prison for extremism over his ties to the Viet Tan pro-democratic party.

Australian Prime Minister Anthony Albanese said he “very much welcomes the release of Chau,” in remarks Monday from Berlin, through Australian public broadcaster ABC.

Chau’s lawyer Dan Nguyen said in a statement through Amnesty International Australia that the activist, who returned Monday night to Australia, is with his wife and two sons. He also thanked the government’s, organizations and individuals’ efforts that fought for his release.

Chau was arrested in Ho Chi Minh City in January 2019 after being accused of entering the country with a false document and sentenced in an express trial to 12 years in prison for extremism charges 10 months later. See: https://humanrightsdefenders.blog/2020/06/08/chau-van-kham-australian-human-rights-defender-disappeared-inside-vietnams-prison-system/

This was due to Chau, 73, being linked to pro-democratic group Viet Tan, considered an extremist entity in the country but a human rights organization in Australia.

Deputy Australian Prime Minister Richard Marles said Chau was released on “humanitarian” reasons and “in the spirit of friendship which exists between Australia and Vietnam,” according to ABC.

Chau is one of “more than 150 political activists in Vietnam who have been detained for peaceful acts in favor of freedom of expression,” Human Rights Watch Asia Human Rights Director Elaine Pearson said in a statement.

Pearson spoke of journalist Dang Dihn Bach and activists Mai Phan Loi, Dang Dinh Bach, and Hoang Thi Minh Hong among them and urged Australia to continue advocating for their release.

The exact number of political prisoners in Vietnam is unknown, as numbers provided by different human rights organizations have discrepancies.

While Human Rights Watch says the total exceeds 150, Amnesty International said there were 128 political prisoners in the country last year. Dissident organization Defend the Defenders raised the number to more than 250.

https://www.abc.net.au/news/2023-07-26/dan-phuong-nguyen-chau-van-kham-human-rights-vietnam-730/102646526

Vietnam Frees Australian pro-democracy activist

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Tunisia no longer poster child of Arab spring

June 29, 2023

The Human Rights Council should urgently address the deterioration of the human rights situation in Tunisia, four human rights organizations said on 27 June 2023 as the 53rd Council’s session is underway.

In a letter sent to UN Member States’ Representatives on 5 June 2023, the four undersigned organizations warned against the rapidly worsening situation in Tunisia, and urged States to seize the opportunity of the ongoing Human Rights Council’s session to address it. The organizations called on the Council and Member States to press the Tunisian authorities to comply with their obligations under international human rights law particularly those guaranteeing the rights to fair trial, freedom of expression, freedom of peaceful assembly and association, and non-discrimination.

The Human Rights Council should urge Tunisia to end the ongoing crackdown on peaceful dissent and freedom of expression, and drop charges against, and release, all individuals being detained and prosecuted solely on the basis of their peaceful political activities and the exercise of their human rights. The Council should also call on Tunisia to conduct prompt, thorough, independent, impartial and transparent and investigation into a wave of anti-Black violence – including assaults and summary evictions – against Black African foreign nationals, including migrants, asylum seekers and refugees, and bring to justice anyone reasonably suspected to be responsible, and provide victims with access to justice and effective remedies.

Over the past two years, Tunisia has witnessed a significant rollback on human rights. Judicial independence guarantees have been dismantled and individual judges and prosecutors have been subjected to arbitrary dismissal, politicized criminal prosecutions and increased interference by the executive. Lawyers are being prosecuted for the discharge of their professional duties and exercise of their right to freedom of expression.

‘The Tunisian authorities’ interference in the judiciary and attacks on lawyers have greatly undermined the right to fair trial and public trust in the integrity of the justice system. The authorities must ensure that the courts are not weaponized to crush dissent and free expression,’ said International Commission of Jurists’ MENA director Said Benarbia. 

Under the guise of ‘fighting offences related to information and communication systems’,  punishable by up to a 10 years’ imprisonment and a hefty fine according to Decree Law 54, at least 13 individuals, including journalists, political opponents, lawyers, human rights defenders and activists, have been subject to police or judicial investigations and are facing possible prosecutions.

‘With Tunisia facing political uncertainty and economic crisis, it’s more important than ever that Tunisians be free to debate their country’s future without fear of reprisal. The authorities should strive to allow the effective enjoyment of the right to freedom of expression of everyone; instead, they are attacking it,’ said Rawya Rageh, Amnesty International’s acting deputy director for the Middle East and North Africa.

Last week, the UN High Commissioner for Human Rights called on the Tunisian authorities to stop restricting media freedoms and criminalizing independent journalism. In a statement published on 23 June, Volker Türk expressed deep concern at the increasing restrictions on the right to freedom of expression and press freedom in Tunisia, noting that vague legislation is being used to criminalize independent journalism and stifle criticism of the authorities. ‘It is troubling to see Tunisia, a country that once held so much hope, regressing and losing the human rights gains of the last decade,’ said the High Commissioner.

Since February 2023, a wave of arrests targeted political opponents and perceived critics of Tunisia’s President, Kais Saied. In the absence of credible evidence of any offences, judges are investigating at least 48 people, such as dissidents, opposition figures, and lawyers, for allegedly conspiring against the State or threatening State security, among other charges. At least 17 of them are being investigated under Tunisia’s 2015 counter-terrorism law.

‘By jailing political leaders and banning opposition meetings, the authorities are dangerously trampling on the fundamental rights that underpin a vibrant democracy. The democratic backsliding and the human rights violations, which are unprecedented since the 2011 revolution, require urgent attention from the Human Rights Council and Member States,’ said Salsabil Chellali, Tunisia director at Human Rights Watch.

Signatories:

  1. International Commission of Jurists (ICJ)
  2. International Service for Human Rights (ISHR)
  3. Amnesty International
  4. Human Rights Watch (HRW)

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Acquittal of de Lima and other human rights defenders in the Philippines

May 25, 2023

On 15 May 2023 Carlos H. Conde, Senior Researcher, Asia Division of HRW writes about the case of de Lima, saying that the acquittal of former Senator Leila de Lima in the second of  three drug cases against her and her likely continued custody in police detention highlight the political nature of the charges against her. See also: https://humanrightsdefenders.blog/2018/07/30/senator-de-lima-in-detention-in-philippines-receives-her-award/

De Lima, who has now been in detention for more than six years, was acquitted for allegedly trading illegal drugs while she was secretary of justice, after being acquitted in the first case against her in 2021. Both cases were evidently fabricated and there is no reason to think that the third case against her is any more credible.

Then-President Rodrigo Duterte directed de Lima’s persecution in response to her attempts to investigate killings that took place in the early stages of Duterte’s “war on drugs” in 2016. But Duterte’s enmity toward her started in the late 2000s when, as chair of the Commission on Human Rights, de Lima began an investigation into killings attributed to a “death squad” operating in Davao City, where Duterte was the mayor. The International Criminal Court (ICC) is investigating those killings as well as numerous “drug war” killings that took place while Duterte was president. In 2019, as part of his efforts to avoid international justice, Duterte withdrew the Philippines from the ICC’s Rome Statute, which obligates states party to the treaty to cooperate with the court.

While de Lima’s latest acquittal brings hope that her unjust detention may be ending sooner rather than later, she never should have been prosecuted or held in pretrial detention without bail. Duterte’s improper influence over the Department of Justice was evident by the recanting of the testimony of three key witnesses in this case, saying they had been coerced.

This is an opportunity for the Department of Justice to regain some of its credibility by dropping the outstanding case against de Lima. But there also needs to be accountability. President Ferdinand Marcos Jr., who last week conceded abuses were committed in the “war on drugs,” should urgently launch an inquiry into how the levers of the justice system were manipulated against de Lima and implement reforms to ensure such politicization of the justice system never happens again.

This is echoed by an Open Letter to the Government of the Philippines on 24 May 2023 by

  • Asian Forum for Human Rights and Development (FORUM-ASIA)
  • Balay Alternative Legal Advocates for Development in Mindanaw (Balaod Mindanaw)
  • Karapatan Alliance Philippines (KARAPATAN)
  • Philippine Collective for Modern Heroism (Dakila)
  • Purple Action for Indigenous Women’s Rights (LILAK)

They welcome the acquittal of Leila de Lima, former Senator and chairperson of the Commission on Human Rights of the Philippines, on one of her two remaining politically motivated charges on 12 May 2023 by a Muntinlupa court….

De Lima’s  arrest is in violation of her constitutional rights as a sitting senator and in contravention of international human rights law. The arrest is purely based on politically-motivated charges, following her senate investigation into the thousands of extrajudicial killings under Duterte’s ‘war on drugs.’….De Lima should never have been detained in the first place.

The arbitrary detention and mistreatment of former Senator de Lima reflect the Duterte administration’s judicial harassment of human rights defenders as well as the Philippines’ shrinking civic space. Nearly a year after President Ferdinand Marcos Jr. took office in June 2022, de Lima’s case remains stagnant. The slow progression of the case demonstrates both the previous and current Philippine administrations’ unwillingness to seek justice and accountability…

FORUM-ASIA alongside its reputable Philippine member organisations urge your Excellencies 1) to immediately and unconditionally drop the remaining politically motivated charges against de Lima; 2) to request the Muntinlupa court to grant her bail petition for release; 3) and to provide compensation and other reparations for the human rights violations she was made  to endure.

Philippine authorities should release and allow de Lima to be reunited with her loved ones after six long years.

We demand the immediate release of de Lima and all other political prisoners who have been persecuted for their work and beliefs in human rights and social justice.

Earlier on Monday, 9 January 2023 the International Network for Economic, Social and Cultural Rights had rejoiced in the acquittal of members of Karapatan, – the Alliance for the Advancement of People’s Rights – and their allies GABRIELA – National Alliance of Women – and the Rural Missionaries of the Philippines (RMP) in the face of the perjury charges brought against them by the Philippine authorities.

The Quezon City Metropolitan Trial Court Branch 139 issued its judgment on the retaliatory and trumped-up perjury case against ten human rights defenders, Karapatan Chairperson, Elisa Tita Lubi; Karapatan Secretary General, Cristina “Tinay” Palabay; Karapatan Deputy Secretary General, Roneo Clamor; Karapatan Treasurer, Gabriela Grista Dalena; Karapatan National Council members, Edita Burgos, Wilfredo Ruazol, and Jose Mari Callueng; GABRIELA Chairperson, Gertrudes Ranjo Libang; GABRIELA Secretary General, Joan May Salvador, and member of the Rural Missionaries of the Philippines, Emma Cupin, acquitting them of all charges.

In a case of judicial harassment, which started in July 2019, the then-National Security Adviser Hermogenes Esperon Jr. submitted a perjury complaint against the three organizations related to the registration of the Rural Missionaries of the Philippines. Although the case was initially dismissed for lack of probable cause and sufficient evidence, in February 2020 the Quezon City Prosecutor, Vimar Barcellano, granted a motion for reconsideration of the perjury case. 

The judicial harassment resulted in global condemnation from civil society, Members of the European Parliament and the UN Special Rapporteur on the situation of human rights defenders calling on the Philippine authorities to put an end to the judicial harassment faced by the ten human rights defenders and the wider human rights movement in the country.

While we celebrate the acquittal, we remain as committed as ever to stand in solidarity with members and the wider human rights community in the Philippines in their struggles to advance human rights and social justice for all.

However: https://www.hrw.org/news/2023/06/08/outspoken-philippine-ex-senator-denied-bail

https://www.hrw.org/news/2023/05/15/latest-de-lima-acquittal-exposes-philippine-justice-systems-politicization

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Detainees in the Emirates held in prison even after completing their sentence

April 13, 2023

On 12 April 2023 Human Rights Watch reported that United Arab Emirates are continuing to incarcerate at least 51 Emirati prisoners who completed their sentences between one month and nearly four years ago.

The prisoners are all part of the grossly unfair “UAE94” mass trial of 69 critics of the government, whose convictions violated their rights to free expression, association, and assembly. UAE authorities are using baseless counterterrorism justifications for continuing to hold them past their completed sentences.

“Prisoners in the UAE94 case have already suffered tremendously after years in prison following a grossly unfair trail,” said Joey Shea, United Arab Emirates researcher at Human Rights Watch. “Emirati authorities should free them immediately and finally put an end to this decade-long ordeal. Prominent UAE partners, including the United States and COP28 organizers, should press UAE authorities for their immediate release.”

The prisoners were among 94 people detained beginning in March 2012 in a wave of arbitrary arrests amid an unprecedented crackdown on dissent. The case had a chilling effect on freedom of expression, assembly, and association.

In July 2013, Abu Dhabi’s Federal Supreme Court convicted 69 of the defendants, sentencing 5 to 7 years in prison, 56 to 10 years, and 8 in absentia to 15 years, with 25 acquitted. The verdict could not be appealed, in violation of international law, because it was issued by the UAE’s highest court. As of March 2023, 51 had completed their sentences but remain imprisoned with no clear legal basis, according to Emirati activists and court documents. Some prisoners completed their sentences as early as July 2019.

At least four of the 51 received a Public Prosecution letter saying that they were on Munasaha during what was supposed to be their last three months in detention, activists and family members told Human Rights Watch. After three months, these detainees were taken in front of a judge, who determined they still held “terrorist thoughts” and ruled that they needed further “rehabilitation.”

Under article 48 of the counterterrorism law, the public prosecutor may place someone convicted of a terrorist offense in a counselling or Munasaha program in the prison where they were serving their sentence, under counselling center supervision.

The counterterrorism law sets no time limit for continued incarceration and instead requires the state security public prosecution to report to the court every three months. The court may order a person’s release if it finds that “his or her condition so allows.” It is not clear if the defendant has any right to attend the hearing or see or challenge the evidence used to justify their detention.

The decade of unjust imprisonment has had devastating consequences for the prisoners’ families. A family member said that the young child of one of the prisoners still does not understand why her father was in prison. “She asks me, we love our country and our leaders, why are they are doing this to my father?” the family member said.

Many prisoners are being held in the notorious al-Razeen prison, and many are alleged to be in solitary confinement. A family member said, “All the prisoners are suffering there, they don’t have their rights and it is very hard to visit them.” Another family member said: “Throughout the years, the conditions are getting worse.”

Visits are irregular and difficult to procure, the family members said. Families often drive for hours to the prison in the middle of the desert, only to be denied a visit with no explanation. Family members also said that phone conversations are often cut off mid-call with no explanation. Some prisoners have not been able to speak with their family members by phone for years.

Other family members said there have been months-long periods in which a prisoner, as one family member said, “totally disappeared” with “no calls, no nothing,” leading the family to believe that “maybe he is dead.” Prisoners are also often denied books and pictures.

The International Covenant on Civil and Political Rights (ICCPR) in article 15 prohibits retroactive criminal punishment. The United Nations Human Rights Committee, in its general comment on article 9 of the ICCPR, said, “if, under the most exceptional circumstances, a present, direct and imperative threat is invoked to justify the detention of persons considered to present such a threat, the burden of proof lies on States parties to show that the individual poses such a threat and that it cannot be addressed by alternative measures, and that burden increases with the length of the detention.”

“By arbitrarily extending the unjust sentences of peaceful critics using bogus counterterrorism justifications without due process, the UAE again shows its total disregard for the rule of law,” Shea said.

https://www.hrw.org/news/2023/04/12/uae-detainees-held-beyond-sentences

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Vietnam should drop charges against Human Rights Defender Truong Van Dung

March 29, 2023
Truong Van Dung hold a sign that says, Request the Immediate Release of Nguyen Thuy Hanh. 

On 27 March 2023 7:00 Human Rights Watch said that the Vietnamese authorities should immediately release land rights activist Truong Van Dung and drop all charges against him. Police in Hanoi arrested Truong Van Dung in May 2022 on charges of “conducting propaganda against the state.” A Hanoi court on March 28, 2023 sentenced him to six years in prison.

Vietnamese authorities have convicted at least 163 people since 2018 for exercising their rights to freedom of expression or association under vague or over broad laws that criminalize protesting or criticizing the government. At least 18 others have been charged and are awaiting trial. The authorities have brought many of these cases using the propaganda charge, criminalized under articles 88 and 117 of Vietnam’s penal code.

“Truong Van Dung is the latest in a long line of human rights defenders silenced by the Vietnamese government for protesting against human rights violations and advocating for reforms,” said Phil Robertson, deputy Asia director at Human Rights Watch. “Democratic governments forging closer ties with Vietnam need to speak out publicly and forcefully in his support and call on Vietnam to release all political prisoners and take genuine steps toward reform.”

Truong Van Dung, 65, first became active in land rights advocacy in the 2000s, campaigning against forced confiscation of his own house. In the early 2010s, he joined other activists and began to advocate for basic rights, including freedom of expression, association, and assembly. Between 2011 and 2018, he also participated in numerous anti-China and pro-environment protests. He joined a protest opposing Vietnam’s problematic 2018 law on cybersecurity and publicly boycotted Vietnam’s national “elections,” a process controlled by the Vietnam Communist Party which is neither free nor fair.

He also publicly voiced support for numerous political prisoners and detainees, including Nguyen Thuy Hanh [see also: https://humanrightsdefenders.blog/2021/04/09/viet-nam-profile-of-human-rights-defender-nguyen-thuy-hanh-arrested-and-charged/], Pham Doan Trang, [see also: https://www.liv.ngo/content/files/2022/04/Pham-Doan-Trang_-UN-experts-call-for-release-of-Vietnamese-human-rights-defender-_-Hans-Thoolen-on-Human-Rights-Defenders-and-their-awards.pdf] Can Thi Theu, Nguyen Thi Tam, Trinh Ba Tu, Trinh Ba Phuong, Le Dinh Luong, Hoang Duc Binh, Nguyen Tuong Thuy, Pham Chi Dung, Le Huu Minh Tuan, Do Nam Trung, and members of Hoi Anh em Dan chu (Brotherhood for Democracy).

In December 2013, Truong Van Dung and other activists founded a humanitarian group, Hoi Bau bi Tuong Than (Association of Gourd and Squash Mutual Assistance), to provide financial and spiritual support for political prisoners, land rights petitioners, and their families.

After his arrest in May 2022, Truong Van Dung was held incommunicado for more than nine months. He was allowed to meet with his lawyer for the first time in March. His family has not been allowed to see him. Vietnam’s courts, controlled by the ruling Communist Party of Vietnam, are not independent and hearings and trials do not meet international standards. “How can Truong Van Dung get a fair trial when Vietnam’s legal system isn’t independent and the laws under which he is charged violate basic international human rights standards – and what he has been accused of shouldn’t even be crimes,” Robertson said.

https://www.hrw.org/news/2023/03/27/vietnam-drop-charges-against-human-rights-activist

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