HRW | Hans Thoolen on Human Rights Defenders and their awards

Posts Tagged ‘HRW’

Nicaragua: death in detention and sham trial

February 21, 2022

The United Nations Human Rights Council’s 49th session, which begins on February 28 in Geneva, presents an opportunity to send a powerful message to the Ortega-Murillo government that these human rights violations will not be tolerated. Governments should support a strong resolution on Nicaragua, demanding the release of all detainees subjected to arbitrary detention and prosecutions and establishing an independent mechanism to investigate rights violations.

Tamara Taraciuk Broner, Acting Director, Americas Division of HRW, describes the latest in the Nicaraguan Government’s Attempts to Tighten its Authoritarian Grip:

Nicaragua’s courts are scheduled to hold a sham trial of seven government critics and opposition leaders, all arbitrarily imprisoned since June 2021. It’s the latest in a slew of trials of people detained on absurd charges months on end.

This week’s trial epitomizes Nicaragua’s mockery of justice: A joint trial, with no due process, on charges of “conspiracy to undermine national integrity,” in most cases based solely on the defendants’ exercise of their right to free expression, that will most likely result in swift convictions for all.

Since February 1, at least 14 detainees have been found guilty of “undermining national integrity” during closed-door trials at “El Chipote” prison, rather than at public courthouses, as Nicaraguan law requires. Each trial has lasted just a few hours and has resulted in swift convictions and sentences of several years in prison.

Announcing the trials on January 31, the Attorney General’s Office called the detainees “criminals and thieves.” Authorities had suspended the trials in October 2021 without offering a clear reason.

Between May and November 2021, the government unleashed a wave of arbitrary arrests to pave the way for President Daniel Ortega’s reelection to a fourth consecutive term. Nicaraguan authorities arrested at least 40 critics, including student and business leaders, campesino representatives, defense lawyers, journalists, activists, and seven presidential candidates. More than 130 others were detained earlier and remain in detention.

Criminal proceedings have lacked basic due process. In many cases, detainees were held incommunicado for weeks or months at El Chipote, some in prolonged solitary confinement. When allowed visits, families described abusive conditions, including repeated interrogations and insufficient food.

On February 12, Hugo Torres died in detention. Torres a 73-year-old former companion of Nicaraguan President Daniel Ortega, had been arbitrarily arrested in early June and accused of “treason.”

Prosecutors have based serious accusations solely on claims that the accused had given interviews to media outlets, shared WhatsApp messages, participated in meetings, or signed letters calling for free elections, demanding international condemnation of government abuses, or expressing support for sanctions against Nicaraguan officials.

These trials contribute to President Ortega’s mounting record of abuse. Given the lack of judicial independence of Nicaraguan courts, this would provide victims the possibility of being heard by an independent body with a chance to holding perpetrators accountable.

Other inmates also are in dire straits, according to family members and rights defenders, who say the prisoners are malnourished, losing weight, teeth and memory, and getting weaker by the day.

“Many are facing a serious risk to health and life,” the former president of the Inter-American Commission on Human Rights (IACHR), Antonia Urrejola, said on Twitter.

Ortega, who secured a fourth consecutive term in November elections, has faced widespread criticism from rights groups, opposition figures and international observers who decried the vote as “a sham”.

On Monday, the European Union’s external affairs spokesman, Peter Stano, sent “deep condolences” to Torres’s family and called for an independent investigation into his death. “We reiterate our call for the immediate and unconditional release of all political prisoners … subjected to inhumane detention conditions” in Nicaragua, Stano tweeted.

https://www.hrw.org/news/2022/02/14/nicaraguas-ultimate-sham-trial

https://www.aljazeera.com/news/2022/2/14/calls-grow-for-nicaragua-to-release-jailed-opposition-figures

Posted in EU, HRW, human rights | 3 Comments »
Tags: Antonia Urrejola, elections, EU, HRW, Hugo Torres, Human Rights Defenders, Nicaragua, political prisoners, UN Human Rights Council

Amnesty joins debate on Apartheid versus Palestinians but reactions debase struggle against real antisemitism

February 4, 2022

In Newsweek of 3 February 2022 Omar Baddar, Director of the Arab American Institute, published an opinion piece entitled “Amnesty Settles It: It’s Time for U.S. Accountability on Israel”.

Amnesty International, issued on 1 February 2022 an extensive report titled “Israel’s Apartheid against Palestinians: Cruel System of Domination and Crime against Humanity.” As the report documents, “Israel has imposed a system of oppression and domination over Palestinians wherever it exercises control over the enjoyment of their right.” The report further found that Israel’s policies are part of a “systematic as well as widespread attack directed against the Palestinian population, and that the inhuman or inhumane acts committed within the context of this attack have been committed with the intention to maintain this system and amount to the crime against humanity of apartheid.“

In recent years, some leading Israeli human rights organizations have started using the word apartheid to describe their government’s systems of oppression. Last year, Human Rights Watch, one of the best-known American human rights organization, similarly accused Israel of apartheid. Amnesty International following suit this week has solidified the human rights community’s emerging consensus on Israeli apartheid. See: https://humanrightsdefenders.blog/2021/01/18/israel-and-apartheid-israeli-human-rights-group-stirs-debate/ and https://humanrightsdefenders.blog/2021/07/09/israel-and-the-international-crime-of-apartheid-a-response-by-human-rights-watch-worth-studying-in-full/

Omar Baddar, states: The most important consequence of this consensus is that it lays to rest the false but popular notion of an “Israeli-Palestinian conflict” between two equal sides. The new consensus instead frames the issue more accurately as a struggle between an oppressor and an oppressed people. In the same way that Apartheid in South Africa and Jim Crow segregation in the American South denied people the ability to live in freedom with their full rights simply because of who they are, Israel also denies freedom to Palestinians and many basic rights to Palestinians just because they are Palestinians.

Like the Human Rights Watch report before it, what’s remarkable about the new Amnesty report is how extensive and detailed it is. Amnesty did its due diligence and made sure that its central claims are backed by a mountain of evidence, meticulously documenting unlawful killings, forced displacement and systemic discrimination on a massive scale. Unsurprisingly, the devastating and irreproachable nature of this report triggered a meltdown among Israel’s apologists. See for this also: https://yubanet.com/world/human-rights-organizations-from-israel-condemn-vicious-attacks-on-amnesty-international/

Unable to argue with the substance of the Amnesty report, pro-Israel groups have resorted either to blindly asserting—as AIPAC did—that Amnesty was lying, or baselessly claiming—as the ADL did—that the report would spark antisemitic attacks. The latter is nothing short of a cynical weaponization of antisemitism—which, in fact, is a serious and rising scourge in America and across the world—unscrupulously exploited in order to silence criticism of Israeli government policy.

We cannot have the open debate we need in a free society if speaking honestly about Israeli policy results in smears of bigotry. By misusing the charge of antisemitism in this fashion, Israel’s apologists aren’t just harming the human rights defenders being smeared by it; they’re also harming the real effort to eliminate antisemitism—a goal that we all have a moral obligation to come together and accomplish.

What this Amnesty report should have done is serve as a wake-up call to an American political establishment that prioritizes pandering over sensible policy, and that has turned a blind eye to a grave injustice for far too long. After all, it is U.S. military funding, to the unrivaled tune of $3.8 billion per year, which enables the Israeli military to maintain its suffocating grip on the occupied Palestinian population, and it is U.S. diplomatic protection, through more than 40 vetoes at the UN Security Council and beyond, that shields Israel from accountability for its crimes.

And yet, despite repeatedly claiming to prioritize human rights in its foreign policy, the Biden administration’s reaction to this report was utterly disappointing. The administration rejected it out of hand.

The Amnesty report bemoans the fact that, “for over seven decades, the international community has stood by as Israel has been given free rein to dispossess, segregate, control, oppress and dominate Palestinians.” It criticizes countries like ours that have “actively supported Israel’s violations by supplying it with arms, equipment and other tools to perpetrate crimes under international law and by providing diplomatic cover, including at the UN Security Council, to shield it from accountability.” The report also reiterated its call for “states to immediately suspend the direct and indirect supply, sale or transfer of all weapons, munitions and other military and security equipment.”

https://www.newsweek.com/amnesty-settles-it-its-time-us-accountability-israel-opinion-1675876

Israel’s apartheid against Palestinians: a cruel system of domination and a crime against humanity

https://www.juancole.com/2022/02/prolonged-occupation-palestinians.html

https://www.thecitizen.in/index.php/en/NewsDetail/index/6/21449/Why-Is-Israel-Fearful-of-Amnestys-Apartheid-Report

Posted in AI, Amnesty international, HRW, Human Rights Defenders | 1 Comment »
Tags: Amnesty International, apartheid, B'Tselem, HRW, international crime of Apartheid, Israel, Israeli–Palestinian conflict, Newsweek, Omar Baddar, repression, USA

Ground breaking conviction of Syrian torturer in Germany

January 17, 2022

Group of framed portraits — Photos of Syrians who have been detained or disappeared set up by Families for Freedom, as part of a protest in front of the court in Koblenz, July 2, 2020. © 2020 Alexander Suttor

The conviction of a former Syrian intelligence officer for crimes against humanity by a German court is a ground-breaking step toward justice for serious crimes in Syria, Human Rights Watch said today. The judgment is a meaningful moment for civilians who survived torture and sexual abuse in Syria’s prisons.

On January 13, 2022, a German court delivered its judgment in the trial of Anwar R., a former member of Syria’s General Intelligence Directorate, one of the country’s four main intelligence agencies commonly referred to collectively as the mukhabarat. Anwar R. is the most senior former Syrian government official to be convicted for serious crimes in Syria.

German prosecutors accused Anwar R. of overseeing the torture of detainees in his capacity as head of the investigations section at the General Intelligence Directorate’s al-Khatib detention facility in Damascus, also known as “Branch 251.”

The judges found Anwar R. guilty of committing crimes against humanity and sentenced him to life in prison. Following the verdict in the case, Anwar R. has one week to appeal.

“More than 10 years after the violations were committed in Syria, the German court’s verdict is a long-awaited beacon of hope that justice can and will in the end prevail,” said Balkees Jarrah, associate international justice director at Human Rights Watch. “Other countries should follow Germany’s lead, and actively bolster efforts to prosecute serious crimes in Syria.”

Human Rights Watch issued a question and answer document and a feature article on the trial and how it is situated in the larger context of the Syrian conflict on January 6, 2022. The trial against Anwar R. and Eyad A., who was found guilty of aiding and abetting crimes against humanity in February, began in April 2020 and was the first anywhere in the world for state-sponsored torture in Syria. Eyad A.’s appeal against his conviction remains pending.

Syrian survivors, lawyers, and activists have been central to making this trial a reality, not only pressing for justice but laying the groundwork that makes justice possible, Human Rights Watch said.

More than 80 witnesses testified, including former detainees, former Syrian government employees, German police investigators, and experts in Syrian affairs. The testimony included well-documented accounts of torture and sexual abuse in Branch 251, descriptions of mass graves, and details of Syria’s government policy to violently crack down on peaceful protesters in 2011. Several of the witnesses were able to identify Anwar R. in the courtroom.

One of the major challenges of this trial was witness protection. Several witnesses living in Germany and other European countries cancelled their appearance in court out of fear for their lives and safety, or that of their families. Several witnesses, some who were also victims, testified that they feared a risk to themselves and their families given their role in the trial. German authorities should ensure that witnesses and victims are sufficiently informed about their rights to protective measures, including to appear anonymously before the court.

Tens-of-thousands of people have been detained or disappeared in Syria since 2011, the vast majority by government forces using an extensive network of detention facilities throughout the country. The Syrian government continues to detain and forcibly disappear thousands of people.

Many of those detained have died from torture and horrific detention conditions. Comprehensive justice for these and other unchecked atrocities in Syria has been elusive. Syria is not a member of the International Criminal Court. And in 2014, Russia and China blocked efforts at the United Nations Security Council to give the court a mandate over serious crimes in Syria.

The trial of Anwar R. and Eyad A. is possible because Germany’s laws recognize universal jurisdiction over certain of the most serious crimes under international law. That allows for the investigation and prosecution of these crimes no matter where they were committed and regardless of the nationality of the suspects or victims. Universal jurisdiction remains one of the few viable pathways to justice for crimes committed in Syria.

Germany has several elements in place to allow for the successful investigation and prosecution of grave crimes in Syria. It has above all a comprehensive legal framework, well-functioning specialized war crimes units, and previous experience with prosecuting such crimes. Countries with universal jurisdiction laws should establish specialized war crimes units within law enforcement and prosecution services, and ensure that such units are adequately resourced and staffed.

“Germany’s trial against Anwar R. is a message to the Syrian authorities that no one is beyond the reach of justice,” Jarrah said. “The Koblenz case has shown that with other avenues blocked, national courts can play a critical role in combating impunity.”

The first such reaction came immediately, see: https://www.ncr-iran.org/en/news/human-rights/after-german-conviction-of-syrian-official-focus-may-turn-to-swedish-trial-of-iranian/

https://www.hrw.org/news/2022/01/13/germany-conviction-state-torture-syria

https://www.fidh.org/en/region/north-africa-middle-east/syria/syria-landmark-ruling-offers-hope-to-regime-s-victims

https://www.ecchr.eu/en/case/first-criminal-trial-wo rldwide-on-torture-in-syria-before-a-german-court/

Posted in FIDH, HRW, human rights, Human Rights Defenders | 1 Comment »
Tags: court, Germany, HRW, impunity, Iran, mukhabarat, Syria, torture, universal jurisdiction

Egypt: Activist Patrick Zaki released following international pressure

December 22, 2021

While the recent harsh sentencing of 3 human rights defenders in Egypt made headlines [see: https://humanrightsdefenders.blog/2021/12/21/alaa-abdel-fattah-and-two-others-receive-heavy-prison-sentences-in-egypt/], and the Government decried foreign intervention, it may be interesting to note that not long ago the release of another human rights defender was attributed to international pressure and campaigning.

Patrick Zaki after his release on Wednesday 8 December 2021 (Screengrab/EIPR) By Areeb Ullah

Human rights activist Patrick Zaki was freed on Wednesday 8 December 2021, a day after Egypt’s Emergency State Security Misdemeanour Court ordered his provisional release.

Zaki, a 28-year-old researcher at the Egyptian Initiative for Personal Rights (EIPR), had been studying at Italy’s Bologna University when he was taken into custody upon his return to Cairo in February 2020. Despite his release, he still faces a range of charges, including “calling for protests without permission”, “spreading false news” and “inciting violence and terrorism”. His trial will resume on 1 February 2022.

Tuesday’s hearing was the second time Zaki’s trial has been adjourned since the first session, on 14 September 2020. Human Rights Watch (HRW) told Middle East Eye that Zaki was subjected to physical torture in the days after his arrest.

Commenting on the court’s ruling for his release, Amr Magdi, Egypt researcher for HRW, described it as “rare happy news” for Patrick and his family. “Its a win with a bitter taste,” Magdi told MEE on Tuesday, pointing out that Zaki is technically still on trial as he has not been acquitted.

Zaki had been an outspoken campaigner for the truth about the 2016 murder of Italian student Giulio Regeni in Egypt. Zaki’s arrest sparked a solidarity campaign in Italy, with politicians and activists urging Egyptian authorities to release him. Italian human rights campaigners have expressed concerns that Zaki could be at risk of torture and ill-treatment in Egypt’s notorious prisons, drawing parallels with the torture of Regeni. Regeni’s family has also expressed solidarity with the detained activist.

In April, the Italian senate voted to approve a proposal by two lawmakers urging the government to grant Zaki Italian citizenship. Meanwhile, more than 50 Italian cities have announced the granting of “honorary citizenship” to Zaki. This was done, EIPR said, in order to show their appreciation for him as a human rights defender and to demand his immediate release in a campaign called 100 Cities with Patrick, launched by a group of human rights activists in Italy.

https://www.middleeasteye.net/news/egypt-patrick-zaki-released-italy-solidarity-regeni

https://www.middleeastmonitor.com/20220105-egypt-releases-3-prominent-political-prisoners-what-about-the-65000-others/

Posted in HRW, human rights, Human Rights Defenders | Leave a Comment »
Tags: Egypt, Egyptian Initiative for Personal Rights (EIPR), Giulio Regeni, honorary awards, HRW, international campaign, Italy, Patrick Zaki, release

Alaa Abdel Fattah, and two others receive heavy prison sentences in Egypt

December 21, 2021

Egypt on Monday 20 December 2021 sentenced Alaa Abdel Fattah, a leading figure in the 2011 revolution, to five years in jail, with two others receiving four years, his sister Mona Seif and a judicial source said. [see also: https://humanrightsdefenders.blog/2020/08/06/re-issued-passionate-plea-for-help-in-open-letter-by-mona-seif-from-egypt-about-targeting-of-her-family/]

A computer programmer, blogger and high-profile activist who mobilized youths in the uprising that unseated autocrat Hosni Mubarak, Abdel Fattah had been in pre-trial detention since September 2019.

Abdel Fattah, his lawyer Mohamed al-Baqer and blogger Mohamed “Oxygen” Ibrahim were convicted of “broadcasting false news” in their trial in Cairo.

A judicial source, speaking on condition of anonymity, confirmed the verdict and sentencing to AFP.

Rulings in the court cannot be appealed. They require final approval by President Abdel Fattah al-Sisi.

Washington, which has already frozen 10 percent of its aid to Egypt over repeated rights violations, said it was “disappointed” by the sentence. “Journalists, human rights defenders, and others seeking to peacefully exercise their freedom of expression should be able to do so without facing criminal penalties, intimidation, harassment, or any other form of reprisal,” said State Department spokesman Ned Price.

The Committee to Protect Journalists decried Monday’s ruling as “unacceptable”.

The verdict “demonstrates the lengths to which authorities are willing to go to punish these journalists for their work”, said Sherif Mansour, CPJ’s Middle East and North Africa Coordinator. “Both journalists have already spent several years in prison on bogus charges, and authorities must release them immediately and unconditionally,” Mansour added.

Human Rights Watch on Sunday slammed “the government’s rush to use emergency courts… after holding people illegally for years in pretrial detention”. The New York-based rights watchdog then said that if Abdel Fattah and the other activists were to be sentenced, this would confirm “that fierce repression of peaceful critics remains the order of the day in Egypt”.

Abdel Fattah has spent most of the past decade in jail at Tora, one of the country’s most notorious prisons, after previous convictions. His mother, mathematics professor Laila Soueif, wrote in a New York Times opinion piece published on Saturday that “the outside world, once so inspired by the Egyptian revolutionaries, is looking away. His crime is that, like millions of young people in Egypt and far beyond, he believed another world was possible. And he dared to try to make it happen.”

Prolific writer Abdel Fattah’s critically acclaimed essay collection “You Have Not Yet Been Defeated” was published in October.“At its fundamental core, his writing is attached to justice,” Soueif told AFP in October when the book was released.

Ahead of the trial session, Egypt’s foreign ministry lambasted the German government on Saturday for a statement calling for a “fair trial” and the release of the three dissidents. Cairo described the German foreign ministry’s call as “a blatant and unjustified meddling in Egyptian internal affairs”.

Rights groups say Egypt is holding some 60,000 political prisoners, many facing brutal conditions and overcrowded cells. See also: https://humanrightsdefenders.blog/2021/01/27/egypt-decade-after-arab-spring-amnesty-and-un-express-concern-over-detention/

In a 2019 interview with the show 60 Minutes on US broadcaster CBS, Sisi said there were no political prisoners in Egypt. And – of course – the official reaction to interventions was: Egypt’s foreign ministry stressed on Monday that it was absolutely not appropriate to comment on or in any way refer to an independent judicial process.

https://www.upi.com/Top_News/World-News/2021/12/20/Egypt-prison-sentences-three-activists-2011-uprising/9611640051667/

https://tittlepress.com/trending/1390637/

Egypt Jails Key Revolution Figure Abdel Fattah for Five Years

Posted in HRW, Human Rights Defenders | 2 Comments »
Tags: Alaa Abdel Fattah, bloggers, CPJ, Egypt, freedom of expression, Germany, HRW, journalists, lawyer, Mohamed al-Baqer, Mohamed “Oxygen” Ibrahim, Mona Seif, prison sentence, USA

NGOs demand EU to impose sanctions on NSO Group

December 7, 2021

Dozens of rights groups are urging the European Union to impose sanctions on the Israeli NSO Group to ban the company’s Pegasus surveillance technology. The letter sent to the EU was signed by 86 rights groups and independent experts, including Reporters Without Borders, Amnesty International, Human Rights Watch, the Electronic Frontier Foundation and Privacy International, among others. A consortium of media revealed that this powerful spyware was used extensively by several governments to spy on lawyers, journalists, political opponents and human rights activists.

Several victims of illegal surveillance have been identified in Hungary, where the government initially denied being a client of NSO Group, before admitting to having purchased the software. See also: https://humanrightsdefenders.blog/2021/11/10/palestinian-ngos-dubbed-terrorist-were-hacked-with-pegasus-spyware/

A good resource is here: https://www.haaretz.com/israel-news/MAGAZINE-nso-pegasus-spyware-file-complete-list-of-individuals-targeted-1.10549510

“There is overwhelming evidence that Pegasus spyware has been repeatedly used by abusive governments to clamp down on peaceful human rights defenders, activists and perceived critics,” Deborah Brown, senior digital rights researcher and advocate at Human Rights Watch, said in a statement. “The EU should immediately sanction NSO Group and ban any use of its technologies.”

The EU’s global human rights sanctions would allow the EU to adopt “ “targeted sanctions against entities deemed responsible for violations or abuses that are “of serious concern as regards the objectives of the common foreign and security policy”, including violations or abuses of freedom of peaceful assembly and of association, or of freedom of opinion and expression,” the letter read.

According to Human Rights Watch, these rights have been “repeatedly violated using NSO technology,” and, as highlighted by the UN Special Rapporteur on freedom of opinion and expression, “the use of spyware by abusive governments can also facilitate extrajudicial, summary or arbitrary executions and killings, or enforced disappearance of persons.” See also: https://humanrightsdefenders.blog/2021/10/04/big-coalition-urges-un-to-denounce-abuses-facilitated-by-spyware-technologies/

NSO Group was blacklisted by the US State Department at the beginning of November, and slapped with a sanction that drastically limited the business relationships the US company had with US customers or suppliers, according to the French newspaper Le Monde. “The EU should unequivocally close its doors to business with NSO Group,” Brown said.

“Targeted sanctions are necessary to that end, and to add to growing international pressure against the company and the out-of-control spyware industry.”

In Europe, several investigations are ongoing, but no sanctions have been formally imposed on the company. In addition to Hungary, several other countries are, or have been, customers of NSO Group – although this does not mean that all these countries have made illegal use of Pegasus.

In addition to Germany, several EU countries have purchased access to the software, according to Le Monde.

https://slate.com/technology/2021/12/apple-lawsuit-nso-group-q-cyber-pegasus.html

https://www.euronews.com/next/2021/12/03/pegasus-spyware-ngos-urge-the-eu-to-sanction-israeli-group-nso

And the latest: https://marketresearchtelecast.com/spyware-sale-at-nso-group-the-end-of-pegasus/226205/

as well as

https://www.irishtimes.com/news/ireland/irish-news/concern-activist-s-phone-infected-with-spyware-during-dublin-conference-1.4778962

in 2022 the following items can be added:

https://www.hrw.org/news/2022/01/26/human-rights-watch-among-pegasus-spyware-targets

https://thewire.in/tech/nso-chairman-quits-says-departure-unrelated-to-recent-scandals

Posted in Amnesty international, EU, HRW, Human Rights Defenders | Leave a Comment »
Tags: AI, Electronic Frontier Foundation (EFF), EU, hacking, HRW, Hungary, NSO Group, Pegasus, Reporters without Borders, spyware, surveillance technology

Greece’s mistaken deterrence: migrants and aid workers facing heavy prison sentences

November 17, 2021

An abandoned life jacket in the Aegean Sea in 2016 | Photo: Picture-alliance/AP Photo/L.Pitarakis

A post by Marion MacGregor published on 15 November 2021in ‘Infomigrants’ brings out an awful truth which I have to face up to even though Greece is my adopted country. In the face of Turkey ‘weaponsing’ migrants, it is trying its hands at deterrence in the hope that it will diminish the pressure of inflows

Greece and other European countries are increasingly using the threat of criminal proceedings against aid workers and those migrants who ended up being marked as migrant smugglers.

Hanad Abdi Mohammad is in prison, he says, because of something he was forced to do. The Somali is serving an impossibly long sentence of 142 years (!) after he was convicted last December for driving an inflatable dinghy carrying migrants to Greece. He says that he didn’t have a choice, because the smuggler hit him in the face and threatened him with a gun before abandoning the boat in rough seas. As 28-year-old Mohammad told journalists and members of the European Parliament who visited the prison last week, he “didn’t think saving people is a crime.”

In the same prison on the Greek island of Chios two men from Afghanistan, Amir Zaheri and Akif Rasouli, both in their 20s, are also serving sentences of 50 years for similar criminal offences. The men’s convictions and staggering prison terms show how far Greece is ready to go in order to stop migrants in their tracks.

On the day the smuggler abandoned them at sea between Turkey and Greece, Mohammad and nearly three dozen other migrants were only concerned about their lives. Mohammad says that he called the Turkish coast guard repeatedly, begging to be rescued. But when it arrived, the Turkish patrol boat circled the migrants’ dinghy sending water into the boat and gradually pushing it toward Greece. In the chaos, two women fell overboard and drowned, AP reports.

The survivors were finally rescued by the Greek coast guard, and Mohammad helped others onto the rescue boat. He admitted to having driven the boat after the smuggler left. It didn’t cross his mind that would lead to him being prosecuted as a smuggler.

“It’s not possible that someone who comes to claim asylum in Greece is threatened with such heavy sentences simply because they were forced, by circumstances or pressure, to take over handling a boat,” one of the lawyers representing the three imprisoned in Chios, Alexandros Georgoulis, told AP. Greek authorities, he said, “are essentially baptizing the smuggled as the smuggler.”

From file: Sara Mardini and Seán Binder | Screenshot from Amnesty International Ireland

Greek authorities have also accused aid workers and volunteers helping migrants in Greece of serious crimes. In one widely publicized case, the Syrian human rights worker Sara Mardini, a refugee herself, and an Irish volunteer Sean Binder were arrested and detained for months in 2018 on suspicion of espionage, money laundering, human trafficking and other offenses. Due to face trial on the island of Lesbos alongside 22 other civil society activists later this week, Binder says he is “terrified.”

“I’ve had a taste of life in prison on Chios. It was all scabies and bed bugs with 17 of us packed in a cell,” Binder told The Guardian. “The police holding cells were even worse, the most awful place on earth; squalid, windowless rooms full of asylum seekers just there because authorities had nowhere else to put them.”

Giorgos Kosmopoulos, a campaigner with an Amnesty International group which plans to monitor the trial in Greece, says that this is not only happening there. “Human rights defenders across Europe are being criminalized … for helping refugees and migrants,” he told The Guardian. See also: https://humanrightsdefenders.blog/2020/10/09/mary-lawlor-condemns-criminalization-of-those-saving-lives-in-the-mediterranean/

AP reports that, according to the European Union Agency for Fundamental Rights, Germany, Italy, Malta, the Netherlands, Spain and Greece have initiated 58 investigations and legal proceedings since 2016 against private entities involved in search and rescue.

“I think it’s important to challenge these in the courts, to not at all sit back and accept that we should be cast as smugglers or spies because I offered CPR, (or) more often than not just a smile, to someone in distress,” Binder told the news agency. “It is preposterous that we should be cast as criminals. I don’t accept it….It doesn’t matter who you are, you don’t deserve to drown in the sea.“

Binder told The Guardian that he has not bought a return ticket to the UK, where he has been studying. He and Mardini face a maximum eight-year sentence, convertible into a fine. They are still under investigation for offences which could carry 25-year sentences if they are convicted.

In my view, the problem can only be tackled in a European context [see e.g. https://ec.europa.eu/home-affairs/what-we-do/policies/legal-migration-and-integration_en%5D but it seems most member states cling to outdated notion of sovereignty.

Not directly related but possibly relevant is recent legislation in Greece, adopted on November 11, 2021, that makes it a criminal offence to spread “fake news.” Human Rights Watch said that the Greek government should immediately move to revoke the provision, which is incompatible with freedom of expression and media freedom. “In Greece, you now risk jail for speaking out on important issues of public interest, if the government claims it’s false,” said Eva Cossé, Greece researcher at Human Rights Watch. “The criminal sanctions risk making journalists and virtually anyone else afraid to report on or to debate important issues such as the handling of Covid-19 or migration or government economic policy.”

While the trial began Thursday, it was almost immediately suspended. The court’s decision to adjourn, said 27-year-old Binder, a diver and German national, “is further proof of the absurdity of this case.”

https://www.commondreams.org/news/2021/11/18/drop-charges-greece-delays-trial-humanitarians-who-aided-refugees-sea

https://www.infomigrants.net/en/post/36487/greece-migrants-and-aid-workers-facing-decades-in-prison

https://www.independent.ie/regionals/kerryman/news/kerry-aid-worker-faces-trial-in-greece-41058865.html

https://www.hrw.org/news/2021/11/17/greece-alleged-fake-news-made-crime

https://reliefweb.int/report/greece/greece-guilty-verdict-migrant-rights-defenders-could-mean-more-deaths-sea-un-expert

https://www.ansamed.info/ansamed/en/news/sections/politics/2021/11/19/trial-of-aid-workers-in-greece-is-adjourned-amid-protests_5de29280-fde8-4c77-b7c2-ef878c497157.html

and on 12 April: https://www.ohchr.org/en/press-releases/2022/04/un-committee-enforced-disappearances-publishes-findings-greece-and-niger

Posted in Amnesty international, HRW, human rights, Human Rights Defenders | 4 Comments »
Tags: 'Infomigrants, Amnesty International, criminalisation, deterrence, Eva Cossé, fake news, Greece, HRW, migrants rights defender, migration, refugees, rescue-at-sea, Sara Mardini, Sean Binder

It had to happen: Russian Authorities Move to Shut Down Memorial

November 12, 2021

On the night before the infamous “foreign agents” law came into force back in 2012, unknown individuals sprayed graffiti reading, “Foreign Agent! ♥ USA” on the buildings hosting the offices of three prominent NGOs in Moscow, including Memorial. © 2012 Yulia Klimova/Memorial

On 12 November 2021Tanya Lokshina, Associate Director, Europe and Central Asia Division Human RightsWatch, reported that the Russian authorities have moved to shut down Memorial, one of Russia’s oldest and most prominent rights organization, an outrageous assault on the jugular of Russia’s civil society.

Memorial, which defends human rights, works to commemorate victims of Soviet repression, and provides a platform for open debate, has two key entities: Memorial Human Rights Center and International Memorial Society.[ the winners of not less than 7 human rights awards, see : https://www.trueheroesfilms.org/thedigest/laureates/BD12D9CE-37AA-7A35-9A32-F37A0EA8C407]

On November 11, International Memorial received a letter from Russia’s Supreme Court stating that the Prosecutor General’s Office had filed a law suit seeking their liquidation over repeated violations of the country’s legislation on “foreign agents.”

A court date to hear the prosecutor’s case is set for November 25. According to Memorial, the alleged violations pertain to repeated fines against the organization for failure to mark some of its materials — including event announcements and social media posts — with the toxic and false “foreign agent” label, one of the pernicious requirements of the “foreign agents” law.

On November 12, Memorial Human Rights Center received information from the Moscow City Court that the Moscow City Prosecutor’s Office filed a similar suit against them and a court hearing was pending.

For nearly a decade, Russian authorities have used the repressive legislation on “foreign agents” to restrict space for civic activity and penalize critics, including human rights groups. Last year parliament adopted new laws harshening the “foreign agent” law and expanding it in ways that could apply to just about any public critic or activist. The amendments were but a fraction of a slew of repressive laws adopted in the past year aimed at shutting down criticism and debate. See also: https://humanrightsdefenders.blog/tag/foreign-agent-law/

The number of groups and individuals authorities have designated as “foreign agents” has soared in recent months. This week the Justice Ministry included on the foreign agent registry the Russian LGBT Network, one of Russia’s leading lesbian, gay, bisexual, and transgender rights groups, which had worked to evacuate dozens of LGBT people from Chechnya. The ministry also listed Ivan Pavlov, a leading human rights lawyer, and four of his colleagues, as “foreign agent-foreign media.” See: https://humanrightsdefenders.blog/2021/11/10/ngo-lgbt-network-and-5-human-rights-lawyers-branded-foreign-agents-in-russia/

Even against this backdrop, to shut down Memorial, one of Russia’s human rights giants, is a new Rubicon crossed in the government’s campaign to stifle independent voices.

This move against Memorial is a political act of retaliation against human rights defenders. Russian authorities should withdraw the suits against Memorial immediately, and heed a long-standing call to repeal the legislation on “foreign agents” and end their crackdown on independent groups and activists.

https://www.hrw.org/news/2021/11/12/russian-authorities-move-shut-down-human-rights-giant#

Russian authorities seek to liquidate human rights organisation Memorial

https://thegoaspotlight.com/2021/11/13/justification-of-extremism-found-in-memorials-activities/

https://www.themoscowtimes.com/2021/11/17/memory-and-memorial-will-prevail-a75588

Posted in HRW, human rights, Human Rights Defenders | 3 Comments »
Tags: Civil society, digest, foreign agent law, HRW, Memorial, repression, Russia, Tanya Lokshina

Crackdown on Human Rights Lawyers in Belarus continues

October 27, 2021

Gennady Fedunych (left) and Natalia Matskevich (right) at the trial in Minsk, Belarus. © Human Rights Center Viasna 2018

Anastasiia Zlobina, Assistant Researcher for Europe and Central Asia at Human Rights Watch reports that on 25 October 2021, the Minsk Bar Association disbarred prominent Belarusian defense lawyer Natalia Matskevich, the latest in a wide-raging and politically motivated crackdown on lawyers.

Matskevich is one of four lawyers who represented Viktar Babaryka, former presidential contender arrested on politically motivated charges in June 2020 in the run-up to the August 9 election. In July 2021, Supreme Court sentenced Babaryka to 14 years in prison for “grand bribery” and “laundering of illicit funds.”

On October 20, the Justice Ministry suspended the license of Evgeni Pylchenka, a lawyer who also represented Babaryka, pending the outcome of a disciplinary case against him. Matskevich’s disbarment and Pylchenka’s suspension came soon after they had filed an appeal in Babaryka’s case. Their colleagues said these sanctions were “absurd” and based on “ridiculous” allegations, including “some [supposedly] incorrectly worded questions to witnesses during trial.”

In July, days after Babaryka’s verdict, authorities stripped his then-lawyer Dmitry Layevsky of his attorney’s license, citing “inappropriate comments about the work of his colleagues.” Prior to his disbarment, Layevsky had faced pressure from the authorities and the Minsk Bar Association.

In October 2020, the Justice Ministry terminated the license of Aliaksandr Pylchenka, another prominent member of Babaryka’s defense team, over supposed “incompetent comments to mass media”

According to Layevsky, Matskevich and Evgeny Pylchenka became “irreplaceable” in Babaryka’s case due to their detailed knowledge of the voluminous case as well as Babaryka’s trust in them.

Since August 2020, Belarusian authorities have been turning up the pressure on lawyers for publicly speaking out about human rights violations and in defense of clients in politically motivated cases. In addition to the obstruction of their work, lawyers have faced personal harassment such as threats, arbitrary detention, raids, revoked licenses, and administrative and criminal charges.

The Belarusian National Bar Association and its regional bars have continuously failed to protect their members.

At least 27 lawyers have already been banned or suspended in reprisal for speaking out against the recent wave of repressions in Belarus. See also: https://humanrightsdefenders.blog/2021/09/10/two-lawyers-from-belarus-share-lawyers-for-lawyers-award-2021/

In November, new restrictive amendments will enter into force, further increasing the Ministry of Justice’s authority over, and eviscerating the independence of, Belarusian lawyers. The arbitrary suspension and disbarment of Belarusian lawyers doesn’t just rob them of their ability to practice their profession, but undermines their clients’ right to legal counsel, and sends a chilling message of intimidation to their colleagues.

On October 26, the Belarusian human rights community issued a joint statement on their recognising another 12 persons as political prisoners, HRC Viasna reported. As of October 26, there are 833 political prisoners in Belarus on this list.

The updated list includes:

Syarhei Prus and Dzmitry Bondarau, who were sentenced under Part 3 of Article 130 of the Criminal Code to 5 years in a penal colony for creating and posting online a video calling for illegal actions against riot police officers of the Mahilioŭ regional department of internal affairs;
Dzmitry Sonchyk, who was sentenced under Art. 364 and Art. 369 of the Criminal Code to 5 years of imprisonment in a penal colony for insults and threats to police officers in comments in a Telegram channel in 2020 and 2021;
Andrey Razuvayeu , who was sentenced under Article 369 and 295 of the Criminal Code to 4 years in a penal colony for insulting a government official and keeping a small amount of hunting gunpowder;
Iryna Melkher, Anton Melkher, Halina Dzerbysh, Syarhei Razanovich, Lyubou Razanovich, Pavel Razanovich, who have been in custody on terrorism charges since early December 2020. According to the human rights defenders, they have not participated in any investigative actions, while the investigation is not formally completed, and the state propaganda resources back in 2020 claimed that the guilt and role of all those involved in the case was ‘established and proven’;
former investigator Yauhen Yushkevich. The circumstances of the new accusation of terrorism give grounds to believe that his detention may be arbitrary and related to his public activities, human rights activists stress;
Yauhen Buynitski, who was detained on charges under Part 3 of Art. 371 of the Criminal Code for organizing illegal border crossing by citizens fleeing arbitrary politically motivated persecution by the Belarusian authorities, which could have serious consequences for them – torture, cruel, inhuman, degrading treatment and illegal imprisonment.

https://www.hrw.org/news/2021/10/26/belarusian-authorities-retaliate-against-lawyers-defending-human-rights

https://belsat.eu/en/news/26-10-2021-another-12-names-on-list-over-830-political-prisoners-in-belarus/

Posted in HRW, human rights, Human Rights Defenders | 1 Comment »
Tags: Aliaksandr Pylchenka, Belarus, disbarment, Dmitry Layevsky, Evgeni Pylchenka, HRW, human rights lawyers, Natalia Matskevich, political prisoners, Viasna Human Rights Centre

Assault by Israel on Palestinian human rights NGOs

October 23, 2021

As if the fight against terrorists is not already complex enough, Israel has muddied the water more by accusing six prominent Palestinian human rights groups of being terrorist organisations, saying they have undercover links to a militant movement. Not surprisingly. most of the groups document alleged human rights violations by Israel and the Palestinian Authority.

The six are Al-Haq, a human rights group founded in 1979, [and the winner of 5 human rights awards, see: https://www.trueheroesfilms.org/thedigest/laureates/0F74BF45-72C4-9FDD-F96D-2B87BF6C7728] Addameer, Defence for Children International – Palestine, the Bisan Center for Research and Development, the Union of Palestinian Women’s Committees and the Union of Agricultural Work Committees.

The Israeli defence ministry said they were linked to the Popular Front for the Liberation of Palestine (PFLP), a secular political movement with an armed wing that in the past carried out attacks against Israel. The groups “were active under the cover of civil society organisations, but in practice belong and constitute an arm of the [PFLP] leadership, the main activity of which is the liberation of Palestine and destruction of Israel”, the defence ministry said. It claimed they were “controlled by senior leaders” of the PFLP and employed its members, including some who had “participated in terror activity”. The groups serve as a “central source” of financing for the PFLP and had received “large sums of money from European countries and international organisations”, the defence ministry said.

The groups, well known for their human rights work, have indeed quite openly received funding from EU member states, the United Nations and other donors.

Shawan Jabarin, the director of Al-Haq, said the move was an attempt to stifle criticism. “They may be able to close us down. They can seize our funding. They can arrest us. But they cannot stop our firm and unshakeable belief that this occupation must be held accountable for its crimes,” he told the Times of Israel.

The Israeli human rights group B’Tselem called the government’s declaration “an act characteristic of totalitarian regimes, with the clear purpose of shutting down these organisations”. It added: “B’Tselem stands in solidarity with our Palestinian colleagues, is proud of our joint work over the years and is steadfast to continue so.”

Human Rights Watch and Amnesty International, who work closely with many of these groups, said in a joint statement:

“This appalling and unjust decision is an attack by the Israeli government on the international human rights movement. For decades, Israeli authorities have systematically sought to muzzle human rights monitoring and punish those who criticize its repressive rule over Palestinians. While staff members of our organizations have faced deportation and travel bans, Palestinian human rights defenders have always borne the brunt of the repression. This decision is an alarming escalation that threatens to shut down the work of Palestine’s most prominent civil society organizations. The decades-long failure of the international community to challenge grave Israeli human rights abuses and impose meaningful consequences for them has emboldened Israeli authorities to act in this brazen manner.

How the international community responds will be a true test of its resolve to protect human rights defenders. We are proud to work with our Palestinian partners and have been doing so for decades. They represent the best of global civil society. We stand with them in challenging this outrageous decision.”

The US Department of State spokesperson Ned Price said his office had not been given advance warning of the designation. “We will be engaging our Israeli partners for more information regarding the basis for the designation,” Price said on a telephone briefing with reporters in Washington.

The move by the Israeli government represents a challenge for the many European countries that provide financing to the six organizations, European governments, .. now risk being accused of funding terrorism if they continue financing the six groups. One senior European official working in the region admitted the move was likely aimed at putting pressure on donors’ decision-making but said there needed to be an analysis of any evidence put forward by Israel, said CNN Europe.

https://www.theguardian.com/world/2021/oct/22/israel-labels-palestinian-human-righ ts-groups-terrorist-organisations

https://www.aljazeera.com/news/2021/10/22/israel-palestinian-human-rights-groups-terrorism

https://www.msn.com/en-gb/news/world/stars-sign-letter-criticising-israel-s-move-to-label-palestinian-charities-as-terror-organisations/ar-AAQNM7

Israel labels six Palestinian civil society groups ‘terrorist,’ setting challenge for international donors

Israel/OPT: Designation of Palestinian civil society groups as terrorists a brazen attack on human rights

https://news.un.org/en/story/2021/10/1103982

Posted in Amnesty international, HRW, Human Rights Defenders | 4 Comments »
Tags: Addameer, Al-Haq, Amnesty International, B’Tselem, European Union, freedom of association, HRW, Human Rights Defenders, Israel, Israeli–Palestinian conflict, NGOs, Popular Front for the Liberation of Palestine (PFLP), Shawan Jabarin, star power, terrorism and human rights

Hans Thoolen on Human Rights Defenders and their awards