In Dawn.com of 12 April, 2021 it is reported that Dawn columnist and human rights advocate I.A. Rehman passed away in Lahore on Monday at the age of 90.
He was a founding member of the Pakistan-India People’s Forum for Peace and Democracy. As director of the Human Rights Commission of Pakistan (HRCP), he contributed to raising awareness about rights and fundamental freedoms. Rehman started working at a young age, according to human rights activist and former chairperson of the HRCP Zohra Yusuf. She said that Rehman worked as editor of the Pakistan Times before joining the HRCP in the early 90s, first as director and later as secretary general.
Human Rights Minister Shireen Mazari also expressed her condolences, saying Rehman was a “unique personality … who stood by & struggled steadfastly for what he believed in“.
“He was an icon of integrity, standing steadfast for every single fundamental right, every single democratic value in the worst of times. Pakistan will not be the same without him,” PPP Senator Sherry Rehman said.
In a statement, the HRCP called Rehman a “titan of human rights” and said that his “conscience and compassion were unparalleled“. “Even after his retirement from the HRCP, he remained a constant source of wisdom and advice, and a mentor to many. We will carry his legacy forward as he would have wished us to” .
Journalist Syed Talat Hussain said Rehman was to journalism what “constitutions are to civilised countries”. “Every time we needed guidance we looked him up and he showed us the way. A beautiful soul, a great man,” he said.
Journalist Asad Hashim said Rehman was one of Pakistan’s “foremost human rights defenders and a key part of all of the incredible work that the HRCP does”. “A tremendous loss for all Pakistanis, not just progressives and those who work in the human rights space,” he said.
After serving in President Lyndon B Johnson’s cabinet in 1967 and 1968, Clark set up a private law practice in New York in which he championed civil rights, fought racism and the death penalty and represented declared foes of the US including former Yugoslav president Slobodan Milosevic and Sheik Omar Abdel Rahman. He also defended former Iraqi leader Saddam Hussein.
“The progressive legal community has lost its elder dean and statesman,” civil rights attorney Ron Kuby said. “Over many generations, Ramsey Clark was a principled voice, conscience and a fighter for civil and human rights.”
Clark defended antiwar activists. In the court of public opinion, he charged the US with militarism and arrogance, starting with the Vietnam war and continuing with Grenada, Libya, Panama and the Gulf war. When Clark visited Iraq after Operation Desert Storm and returned to accuse the US of war crimes, Newsweek dubbed him the Jane Fonda of the Gulf
Clark said he only wanted the US to live up to its ideals. “If you don’t insist on your government obeying the law, then what right do you have to demand it of others?” he said.
The Dallas-born Clark, who was in the US Marine corps in 1945 and 1946, moved his family to New York in 1970 and set up a pro bono-oriented practice. He said he and his partners were limiting their annual personal incomes to $50,000, a figure he did not always achieve.
Clark’s client list included such peace and disarmament activists as the Harrisburg seven and the Plowshares eight. Abroad, he represented dissidents in Iran, Chile, the Philippines and Taiwan, and skyjackers in the Soviet Union.
He was an advocate for Soviet and Syrian Jews but outraged many Jews over other clients. He defended a Nazi prison camp guard fighting extradition and the Palestine Liberation Organization in a lawsuit over the killing of a cruise ship passenger by hijackers.
“We talk about civil liberties,” he said. “We have the largest prison population per capita on Earth. The world’s greatest jailer is the freest country on Earth?”
Most recently, Professor Heyns was the was the Director of the Institute for International and Comparative Law in Africa at the University of Pretoria, and had also served as United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions from 2010 to 2016. See: https://www.trueheroesfilms.org/thedigest/laureates/dfa7df54-3cb2-465c-9655-d139b5486591.
His friends and colleagues pay tribute to a giant of global human rights:
The Centre for Human RightsCHR, in its tribute, called him their “founding father, a trail-blazer, and a constant source of inspiration and encouragement. He was our dynamic initiator-in-chief. He played a pioneering role in positioning the Centre as a pan-African centre of excellence. Constantly brimming with new ideas and grand schemes, plans and projects, he propelled the Centre into new directions and challenged it to explore different dimensions. “To Christof, if something could be conceived, it could be achieved.”
On Monday, the CHR created a memorial page on Facebook in his memory which, within hours, contained hundreds of entries from all over the world. The reactions registered on Facebook, on WhatsApp groups and emails speak volumes about how highly Heyns the man, the mentor, the “rock star” and the lawyer was regarded.
Arnold Tsunga, chairperson of the Southern Africa Human Rights Defenders Network
“The sudden demise of Professor Christof Heyns is a real tragedy to us as a community of human rights activists in southern Africa. As a member of the United Nations Human Rights Committee his contribution to production of General Comment Number 37 on the right to peaceful assembly is invaluable at a time when we are experiencing democratic regression and authoritarian consolidation globally. He is irreplaceable and shall be sorely missed. May his soul rest in eternal peace.”
Raenette Taljaard, former politician and independent analyst
“Prof Christof Heyns was one of South Africa and the world’s great thought leaders and moral authorities on human rights. Beyond his contribution to academia, his work as a UN Special Rapporteur stands as a towering tribute to the right to life in a world where algorithms and lethal autonomous weapons can make life and death decisions that are core to who we are as humanity. His work will live on in the many principled human rights fighters and public intellectuals that have had the privilege to encounter him and to be mentored by him. He will be greatly missed.”
Jason Brickhill, human rights lawyer and former director of the Constitutional Litigation Unit at the Legal Resources Centre
“So very shocked and sad to hear that Christof Heyns has passed on. Such a gentle, wise and self-deprecating soul. I was lucky to be taught by him (about the African regional human rights system) and he supervised my master’s dissertation just over a decade ago. “He did so much to advance human rights in very real, meaningful ways, especially with his work on the African regional system (he was a true pan-Africanist!) and on the right to life at the UN. “He shared with me and other classmates his ‘struggle approach’ to human rights, which is still the foundation for how I think about the law’s role in the world. We will remember you, Christof, and carry with us the ideas that you shared.”
Faranaaz Veriava, head of the Basic Education Rights programme at SECTION27
“Around 1995 I was young and green in my first job, working in the Idasa Pretoria office. Ivor Jenkins, our director, talked me into meeting with a Moroccan delegation visiting the Centre for Human Rights at the University of Pretoria to discuss human rights law. Prof Christof Heyns hosted the delegation. I was probably terrible in that meeting but Prof Heyns was warm and encouraging and I became very interested in the work of the Centre. The next year I registered in the LLM programme at the centre which was a pioneering programme at the time for students all over Africa interested in human rights law. Later I would teach annually in that same programme. Much later, complete my doctorate through the UP law school and then teach at the law school myself. If Ivor Jenkins had not thrown me in at the deep end that day, I wonder if I would have any history with UP – a historically Afrikaans university – and that is now such a positive part of my life. RIP Prof Heyns, a warm and inspiring man and pioneer in human rights law.”
Alice Brown, former resident coordinator, Ford Foundation
“What sad news. I met Christof in the late 1980s through my work with the Ford Foundation. Christof was an innovative human rights academic who was a trailblazer for a number of important rights-focused training programs. In addition, in all my interactions with him over the years, I found him to be a very decent human being.”
Thuli Madonsela, former Public Protector, current law trust chair in social justice, University of Stellenbosch
“What a sad occasion. He was such a mensch, resolutely devoted to developing leaders to advance democracy and human rights in this continent. “The news of the passing of Christof Heyns hit me like a ton of bricks. I have known Christof for all my grown-up life. “A quintessential professional, Christoff invested a lot in developing leaders that are anchored in a sound knowledge and values system regarding human rights and democracy. He was passionate about the African continent and building scholarship in the continent on human rights, democracy and the rule of law. “The country, the continent and the entire world is poorer because of Christof Heyns’ untimely passing, yet richer because of the legacy he leaves behind. It is said leaders do not die, they multiply. Christof leaves pieces of himself among the many scholars he nurtured and policymakers he touched. May his great soul Rest In Peace.” Christof Heyns and the Outlaws — the rock and roll band of the Faculty of Law at the University of Pretoria. Formed in 2007, they always played at the annual Faculty Festival. (Photo: Yolanda Booyzen)
Bongani Majola, Chairperson of the SA Human Rights Commission
“We deeply mourn the untimely passing of Prof Christof Heyns, a giant in the promotion of human rights. Empowering young people has always been his passion. I first met him in the late 1980s/early 1990s when he and I ran a project that sought to open opportunities for final-year law students from the then historically black universities to find placements in commercial law firms. At the time, it was hard for many black law graduates to be admitted to articles of clerkship and even harder – almost impossible to get placed in commercial law firms.
“Another empowerment project that Christof Heyns employed significantly to empower the youth was the moot court competitions that he and his colleagues took beyond the borders of South Africa, the borders of SADC and beyond the boundaries of the African continent. Recently, he had taken the promotion of human rights to schools in the basic education environment, a project that he passed on to the South African Human Rights Commission once it had taken a firm hold among basic education schools.
“He was a visionary who believed in investing in the youth in order to build a strong human rights culture. The country has lost a true human rights activist. He will be sorely missed.”
Edwin Cameron, former Constitutional Court judge
Really terribly shocked and saddened by Christof’s sudden death yesterday. He was a meticulous, conscientious, persistent, courageous fighter for justice and human rights.
Rose Hanzi, director of Zimbabwe Lawyers for Human Rights
“Very very sad. Prof Heyns raised the African continent high with his contributions at the ACHPR [African Commission on Human and Peoples’ Rights] and UN.”
Muleya Mwananyanda, Amnesty International
“So saddened to learn of the death of Prof Christof Heyns. Many of you may know him. He was my teacher and I suspect a few others on this group. What a dedicated Human Rights Activist he was. Beyond teaching, he will be remembered for drafting the General Comment on Freedom of Assembly … he was until his death after a heart attack while hiking a member of the HRC. MHSRIP”
Steven LB Jensen, Danish Institute for Human Rights
“Oh no, this is so sad and shocking news. I met him twice – first in Lund for a two-hour conversation just the two of us and again at the Danish Institute for a meeting on collaborations between our institutions. He was a wonderful person and so easy to engage with. He will be sorely missed by many all around the world.” DM/MC
From Amnesty International staff:
Dr. Agnès Callamard, the new Secretary General of Amnesty International, said: “Christof Heyns was a brilliant human rights lawyer and thinker, gentle person…He leaves behind such an extraordinary legacy.”
Shenilla Mohamed, Executive Director of Amnesty International South Africa, said: “A mighty baobab has fallen! The untimely death of renowned human rights law expert, Professor Christof Heyns, is a devastating loss. In Africa the Baobab Tree is considered a symbol of power, longevity, presence, strength and grace. Professor Heyns was a baobab in the human rights world. A giant in his field, he fought hard for a just world. As Director of the Institute for International and Comparative Law in Africa, he was involved in a number of critical initiatives. His contributions included: Chair of the UN independent investigation on Burundi, leading on the drafting of UN human rights guidelines on peaceful assembly and the use of less lethal weapons. He also served as the UN Special Rapporteur on extrajudicial executions. Hamba Kahle Professor Heyns, Ke a Leboga, Enkosi, Ngiyabonga, Thank you for your service to humanity. You have left indelible footprints and we salute you!”
Sam Dubberley, Amnesty International’s Head of Crisis Evidence Lab, said: “Christof’s support for establishing a hub of Amnesty’s Digital Verification Corps at the Centre for Human Rights at the University of Pretoria was unequivocal. He gave time, advice and space for this project to emerge, and welcomed the Amnesty team on every visit to Pretoria despite his always frantic schedule. Christof made everyone feel valued, and was a source of energy and sage advice. How he will be missed.”
Netsanet Belay, Research and Advocacy Director of Amnesty International, said: “Words fail me to express the profound sense of loss with the sudden passing of Professor Heyns. Like many, I had the privilege of working with him and benefited much from his wisdom, mentorship and guidance. He was a rare breed, one of Africa’s great legal minds, a passionate human rights defender and a kind, passionate, humble person. He nurtured and cultivated a cadre of human rights experts and activists in Africa, including by transforming the human rights centre at the University of Pretoria into a world class institution that produced Africa’s leading human rights scholars and practitioners. His publications on various human rights issues in leading academic journals are testament to his brilliance, wisdom and dedication. He was a true pan-Africanist, as exemplified in his work to champion and strengthen the African Commission on Human and Peoples’ Rights. His passing is also a great loss to Amnesty International. As [recently] as last week we were working with Professor Heyns on the draft report by the African Commission on Human and Peoples’ Rights on the use of force by law enforcement officials in Africa. We shall strive to ensure his last vision [is seen] to fruition. Rest in peace dear brother!”
Rasha Abdul-Rahim, Director of Amnesty Tech, said: “It was devastating to hear of the passing of Professor Heyns. All my thoughts and prayers are with his family and friends. Not only was Christof a renowned human rights expert, he was fiercely justice-focused and an absolute joy and pleasure to work with. Christof wrote the seminal Human Rights Council report that put the human rights risks of autonomous weapons systems on the agenda. He was always extremely generous with his expertise and time. This is a huge loss for the human rights movement, and we will miss him deeply.”
Avner Gidron, Senior Policy Adviser on Amnesty International’s Law and Policy Programme, said: “I worked most closely with Professor Heyns on The Minnesota Protocol on the Investigation of Potentially Unlawful Death in 2016. It’s a practical tool for human rights defenders and advocates around the world seeking accountability for unlawful killings; and it is now a small, but important, part of Christof’s vast legacy. As well as his importance as a brilliant legal mind, scholar and activist, I will remember Christof for actually embodying human rights values: being an incredibly warm, generous and considerate human being. His death is a tremendous loss for the human rights movement, and an unimaginable tragedy for his family and friends.”
Simon Crowther, legal advisor at Amnesty International, said: “Christof was a legal giant who approached his work with kindness, humility, humour and immense intelligence. He will be greatly missed.”
Anja Bienert, Senior Programme Officer at Amnesty International Netherlands, said: “I first met Christof in 2013 and immediately felt connected to him: his sharp mind, the careful and perfectly articulated thoughts on the many pressing human rights issues, but more importantly, his warm and welcoming personality, with whom it was a pleasure to discuss. Since then, he was an ongoing source of inspiration to me and a great ally in the fight for greater protection of human rights. He constantly strove not just to write excellent publications, but to have a real impact for the respect of human rights across the world. We will miss him incredibly. It will be our mission to uphold his great legacy in the field of human rights.”
Yu Wensheng was detained in Beijing in January 2018 in front of his young son just hours after he wrote an open letter calling for constitutional reforms, including multi-candidate elections.
“His physical state is very poor. His right hand is deformed and trembles so much that he cannot write,” his wife Xu Yan told AFP. Last week, she was allowed to have a 25-minute video call with her husband, who is being held in a detention centre in the eastern province of Jiangsu. It was their first such meeting in three years, she said. Four of Yu’s teeth were missing and he was unable to chew food properly, Xu said, and that there was no heating in the detention centre.. “There are probably a lot of things he cannot say right now, we will only know the full extent of what he experienced after he is released,” she said.
Xu said her husband’s nomination “not only supports and honours (him), but is also encouragement and affirmation to other human rights lawyers and defenders”. Yu’s defence lawyer Lu Siwei had his legal licence revoked by authorities last week after handling several sensitive human rights cases..
Beijing denied knowledge of either Yu or the Martin Ennals Award on Tuesday. “There are indeed some people abroad who are always using human rights as a pretext to create a disturbance,” said foreign ministry spokeswoman Hua Chunying at a regular briefing on Tuesday. “I think this behaviour has no meaning whatsoever.”
Today 18 January 2021, the Martin Ennals Foundation announced that three outstanding human rights defenders based in authoritarian states are nominated for the 2021 Martin Ennals Award.
In isolated Turkmenistan, Soltan Achilova documents human rights violations and abuses through photojournalism.
Imprisoned in Saudi Arabia, Loujain AlHathloul is a leading advocate for gender equality and women’s rights.
A lawyer, Yu Wensheng defended human rights cases and activists before his conviction and imprisonment in China.
The Finalists distinguish themselves by their bravery and deep commitment to the issues they defend, despite the many attempts to silence them by respective governmental authorities. The 2021 Martin Ennals Award Ceremony will celebrate their courage on 11 February during an online ceremony hosted jointly with the City of Geneva which, as part of its commitment to human rights, has for many years supported the Award. “Every year thousands of human rights defenders are persecuted, harassed, imprisoned, even killed. The Martin Ennals Foundation is honored to celebrate the 2021 Finalists, who have done so much for others and whose stories of adversity are emblematic of the precarity faced by the human rights movement today”, says Isabel de Sola, Director of the Martin Ennals Foundation.
“Authoritarian states tend to believe that by jailing or censoring human rights defenders, the world will forget about them. During the COVID-pandemic, it seemed like lockdowns would successfully keep people from speaking out. This year’s Finalists are a testament to the fact that nothing could be further from the truth”, says Hans Thoolen, Chair of the Jury.
In Turkmenistan, one of the world’s most isolated countries, freedom of speech is inexistent and independent journalists work at their own peril. Soltan Achilova (71), a photojournalist, documents the human rights abuses and social issues affecting Turkmen people in their daily lives. Despite the repressive environment and personal hardships, she is one of the very few reporters in the country daring to sign independent articles.
In Saudi Arabia, women still face several forms of gender discrimination, so much so, that the Kingdom ranks in the bottom 10 places according to the World Economic Forum’s Global Gender Gap Report 2020. Loujain AlHathloul (31) was one of the leading figures of the Women to drive movement and advocated for the end of the male guardianship system. She was imprisoned in 2018 on charges related to national security together with several other women activists. Tortured, denied medical care, and subjected to solitary confinement, Loujain was sentenced to 5 years and 8 months in prison on 28 December 2020. [see: https://humanrightsdefenders.blog/tag/loujain-al-hathloul/]
In China, more than 300 human rights activists and lawyers disappeared or were arrested in 2015 during the so called 709 Crackdown. A successful business lawyer, Yu Wensheng (54) gave up his career to defend one of these detained lawyers, before being arrested himself. Detained for almost three years now, Yu Wensheng’s right hand was crushed in jail and his health is failing. [see also: https://humanrightsdefenders.blog/2019/06/26/lawyers-key-to-the-rule-of-law-even-china-agrees-but-only-lip-service/]
Online Award Ceremony on 11 February 2021
The 2021 Martin Ennals Award will be given to the three Finalists on 11 February 2021 at an online ceremony co-hosted by the City of Geneva (Switzerland), a long-standing supporter of the Award. “The City of Genevareaffirmsits support to human rights, especially during these times of crisis and upheaval. Human rights are the foundation of our society, not even the pandemic will stop us from celebrating brave persons who have sacrificed so much”, says Member of the executive Alfonso Gomez.
Human Rights First announced today that it will award the 2020 Roger N. Baldwin Medal of Liberty to Hong Kong human rights defender Albert Ho. The award will be presented today 10 December in a virtual event that will include a conversation between Ho and Human Rights First Senior Advisor Brian Dooley.
Albert Ho is a veteran Hong Kong lawyer and advocate whose career in human rights and political activism stretches back almost four decades. A leading figure in the pro-democracy movement for many years, he remains prominent in the protest movement that energized Hong Kong in 2019 and 2020.
“No dictatorship is too big or too strong to take on,” said Vladimir Vladimir Kara-Murza, Senior Advisor for Human Rights Accountability at Human Rights First and 2020 Baldwin Award jury member. “This decision shows who is right and wrong, and Albert Ho is in the right. There are no lost causes, and the cause of democracy in China is not lost.”
Ho is now facing a dozen charges related to those peaceful protests and his law firm continues to represent many others who have protest-related charges.
“I’m honored to accept this award,” said Ho, “but I do it on behalf of many colleagues who have shared the case of human rights in Hong Kong with me for so many years.”
Ho is the co-founder and senior partner of Ho, Tse, Wai and Partners (HTW), a Hong Kong law firm renown for advocacy on landmark human rights cases. Ho and HTW have represented many arrested pro-democracy protestors and challenged many of the Hong Kong government’s dubious actions, such as the banning of face masks under a colonial-era law and the disqualification of numerous pro-democracy lawmakers.
Ho has also done extensive advocacy for human rights lawyers in mainland China. He founded the China Human Rights Lawyers Concern Group in 2007 to provide humanitarian assistance to detained human rights lawyers and their families, advocate on behalf of detained lawyers, and share knowledge and experience with Chinese lawyers.
Despite surveillance and threats by Chinese authorities, Ho has maintained his steadfast support for his peers in mainland China in the face of the government’s crackdown on human rights lawyers, the “709 crackdown” known for the day it began – July 9, 2015. Placing the pursuit of justice before his own safety, Ho continues to raise awareness of the plight of human rights lawyers in China to see that the world holds the Chinese Communist Party accountable for human rights abuses.
George Bizos is best known for defending Nelson Mandela at his trials – image copyrightAFP
Many media reported that South African human rights lawyer George Bizos, who famously defended Nelson Mandela, has died aged 92 (here the BBC).
After representing some of the country’s best known political activists during the apartheid years, Mr Bizos became one of the architects of South Africa’s new constitution. President Cyril Ramaphosa announced his death, saying Mr Bizos had “contributed immensely to our democracy”.
George Bizos is most widely known for his work with Nelson Mandela. The pair met while studying law in Johannesburg and Mr Bizos went on to represent his friend and other anti-apartheid figures in various court cases. He was one of the lawyers who represented Mandela at his treason trial, which began in 1956. He also represented Mandela during the Rivonia Trial, when he and other anti-apartheid activists were sentenced to life imprisonment in 1964 on charges of seeking to overthrow the apartheid government.
George Bizos was born in Greece but came to South Africa at the age of 13 as a World War Two refugee. Before moving to South Africa, he and his father helped seven New Zealand soldiers to escape Nazi-occupied Greece. He fell out of education for an extended period of time and worked instead in a Greek shop, after arriving in Johannesburg with no English. He later trained as a lawyer at South Africa’s Witwatersrand university, before being admitted to the Johannesburg Bar. After the end of white minority rule, Mr Bizos helped to write South Africa’s new constitution. He also represented families of anti-apartheid activists who had been killed during apartheid at the Truth and Reconciliation Commission. In one of his last major trials, he secured government payouts for families of 34 mine workers who were killed by South African police in 2012.
“Nasrin Sotoudeh has become a symbol of the Iranian civil rights movement through her courage and tireless commitment to human rights and the rule of law,” the presidents of the German Judges Association said on Wednesday. Barbara Stockinger and Joachim Lüblinghoff stated that now more than ever, Ms. Sotoudeh needs wide international support, and that they wanted to honor her “highly impressive commitment in Iran and to bring her fate to the public attention”.
The 57-year-old lawyer and rights activist began a hunger strike at Tehran’s notorious Evin Prison on August 11 to protest the “unfair” and “illegal” conditions of political prisoners in Iran. She has demanded the release of political prisoners to protect them from the spread of coronavirus in prisons.
Sotoudeh, an international award-winning lawyer and rights activist, was been sentenced to a total of 33 years in prison and 148 lashes on several charges, including conspiracy against national security, spreading lies and disturbing public opinion.
Earlier this year, Sotoudeh went on a hunger strike to protest the maltreatment of political prisoners vulnerable to the coronavirus pandemic. She previously staged a 49-day hunger strike in prison in 2012 while she was serving another sentence for her human rights work. On Wednesday, Swedish Foreign Minister Ann Linde expressed deep concern about Sotoudeh’s health and said she wanted to reiterate the EU’s call for her sentence to be reviewed. In a statement on August 28, the American PEN association called for the immediate release of Sotoudeh and other political prisoners, as well as an end to judicial and legal harassment of her and her family.
In the Pozo Aguarico region of Ecuador, lawyer Maria Cecilia Herrera shows the oil pollution that remains in the ground 30 years after oil production ceased. Photograph by Enrico Aviles, 2020.
After recalling the work and death of his friend Rosan Steve relates how the culprit, the oil giant Chevron, has been pursuing a scorched-earth campaign to avoid paying for the cleanup or helping any of the victims. In the process, Chevron and its main law firm – Gibson Dunn – has pioneered a new, highly unethical form of lawfare intended to intimidate environmental defenders in all 180 countries where it operates. I should know; I’m the main target of Chevron’s lawfare, which has involved 60 law firms and 2,000 lawyers.
Here’s some of the backstory. Multiple courts have found that from the late 1960s to 1992, Texaco deliberately dumped billions of gallons of cancer-causing oil waste across 1,500 square miles of previously pristine rainforest, poisoning groundwater and rivers residents depended on for drinking, bathing, and fishing. Texaco, which was later acquired by Chevron, told local Indigenous peoples that the toxic waste was actually good for them, saying it would “nourish the brain and retard aging.”
In 1993, a coalition of 30,000 Indigenous peoples and rural communities fought back. The father of one of my Harvard Law School classmates asked me to join the team of Ecuadorian and American lawyers representing them. After hearing from leaders like Rosa and seeing the damage with my own eyes, I was appalled by what Texaco had done to these communities. Unlike BP’s Deepwater Horizon spill in the Gulf of Mexico, this disaster was no accident. It was done by design to externalize production costs onto some of the most vulnerable communities on the planet—the very people whose historical role is to act as the guardians of the forest.
After years of fighting in courts in the U.S., Ecuador, and Canada, the coalition won an unprecedented $9.5B in damages. Several appellate courts and a total of 17 appellate judges affirmed the case unanimously, and Canada’s Supreme Court ruled the Ecuadorians had the right to enforce their judgment. Human-rights champions hailed the victory as the beginning of a new era of environmental accountability.
But then Chevron unveiled another component of its strategy to try to prevent the Indigenous plaintiffs from receiving a cent. The central feature was filing a civil RICO suit in U.S. federal court against me as well as all 47 Ecuadorian community leaders who signed the lawsuit, claiming that the entire case on which I had spent 18 years of my life had been nothing more than a “racketeering” conspiracy designed to “extort” money from the company. Judge Lewis Kaplan denied us a jury, refused to review any of the voluminous scientific proof of Chevron’s pollution, and then ruled in Chevron’s favor. He based his decision almost completely on the testimony of a man who later admitted to lying repeatedly under oath and to receiving huge payments from the company.
I continue to challenge Kaplan’s flawed decision, which has been rejected by multiple appellate courts in Ecuador and Canada. But largely because I would not turn over my computer and cell phone to Chevron (an order that many experts believe to be a violation of attorney-client privilege and one that I have appealed), Kaplan tried to prosecute me criminally for contempt. His charges were rejected by the federal prosecutor. Kaplan then took the extraordinarily rare step of appointing a private law firm, Seward & Kissel, to prosecute and detain me in the name of the government. Seward & Kissel later admitted that Chevron is actually a client of the law firm.
While I await my day in court, I’m now under house arrest. (I believe I’m the only lawyer in U.S. history detained pretrial on a contempt charge.) I’ve been confined to my small apartment for 12 months on a charge that carries a maximum of six months’ imprisonment. This has been incredibly hard on my 14-year old son as well as my clients, who have been denied their lawyer. Chevron clearly wants me confined so I can no longer work on the case or speak publicly about the company’s gross wrongdoing.
Two weeks ago, two retired U.S. federal judges provided a big boost. The Hon. Nancy Gertner (Harvard Law School) and the Hon. Mark Bennett (Drake University Law School) criticized their former colleague Kaplan in the news journal Law360 for the way he’s handled this case. I’m grateful for their courage, because it’s extremely rare for federal judges to call out colleagues publicly.
Please vote with your wheels and fill up your tank anywhere but Chevron. And I hope governments around the world will stand up to attempts to criminalize peaceful activism. They can start by refusing to do business with Chevron until the company learns to respect the rule of law and ceases its attacks on human rights defenders. We must not let this targeting of human rights defenders spread as quickly as the toxins that killed Rosa and the men, women, children whose names filled her notebook.
Steven Donziger is a human-rights advocate based in New York City. He can be followed on Twitter at @SDonziger. His legal defense fund is at www.donzigerdefense.com and Frente de Defensa de la Amazonía’s web site is makechevroncleanup.com
Rex Weyler in Mother Jones of 10 August 2020 produced a fascinating piece on Steven Donziger a human rights lawyer who took on Chevron in Ecuasor and won, but himself ended up under house arrest.(This piece was originally published inCanada’s National Observer and appears here as part of the Climate Desk Partnership.)
Steven Donziger, gestures during a press conference on March 19, 2014 in Quito, Ecuador.Rodrigo Buendia/Getty
Last September, I travelled from Western Canada to New York City to see the human rights lawyer Steven Donziger. Donziger cannot travel. He cannot even stroll the hallway of his Upper West Side apartment building on 104th Street without special court permission. He remains under house arrest, wearing an ankle bracelet. Eight years ago, Donziger and a team of Ecuadorian lawyers, on behalf of Indigenous and farmer plaintiffs, won the largest human rights and environmental court judgment in history, a $9.5-billion US verdict against the Chevron Corporation for massive oil pollution in Ecuador’s Amazon basin.
Following the trial, Chevron removed its assets from Ecuador, left the country, and has refused to pay. The company now claims the Ecuador verdict was achieved fraudulently, and produced a witness, who told a US court that he possessed knowledge of a bribe. Judge Lewis Kaplan ruled in Chevron’s favour, halting collection of the pollution fine in the US and placing Donziger in electronic chains in his home.
The details in this case really matter, so here the story in full:
Crime and punishment
Donziger, born in Jacksonville, Florida, in 1961, graduated from Harvard Law in 1991, and founded Project Due Process, offering legal services to Cuban refugees. In 1993, Ecuador’s Frente de Defensa de la Amazonía (FDA), representing 30,000 victims of Chevron’s pollution, heard about Donziger and asked him to help win compensation for their lost land, polluted water, and epidemics of cancer and birth defects in a region now known as the “Amazon Chernobyl.”
Donziger originally filed the claim in New York, but Chevron insisted the case be heard in Ecuador, where the trial began in 1993.
Evidence showed that between 1964 and 1992, Texaco (now Chevron) dumped 16 billion gallons of toxic wastewater into rivers and pits. Fifty-four judicial site inspections confirmed that the average Chevron waste pit in Ecuador contained 200 times the contamination allowed by US and world standards, including illegal levels of barium, cadmium, copper, mercury, lead, and other metals that can damage the immune and reproductive systems and cause cancer. According to Amazon Watch, by ignoring regulations, the company saved about $3 per barrel of oil, earning an extra $5 billion over 20 years.
In 2007, during the trial, Chevron stated that if the victims pursued the case, they faced a “lifetime of … litigation.” The plaintiffs persevered. Since the victims were dirt poor, Donziger and his team, with FDA support, devised an innovative solution to fund the case, offering investors a tiny portion of any eventual settlement.
In 2011, after an eight-year trial, the court ruled in favor of the plaintiffs. Two appeals courts and the nation’s Supreme Court, the Court of Cassation, confirmed the decision. Seventeen appellate judges ruled unanimously that Chevron was responsible for the contamination and owed Donziger’s clients $9.5 billion.
The lone witness
According to court documents, Chevron “refus(ed) to comply” with the judgment and began to make good on its threat for a “lifetime of litigation.” According to internal company memos, Chevron launched a retaliatory campaign to attack the victims, discredit Ecuador’s courts, and “demonize” Donziger.
Chevron hired one of the world’s most notorious law firms, Gibson, Dunn & Crutcher—previously censured by England’s High Court of Justice for fabricating evidence. Judges in California, Montana, and New York have censured and fined Gibson Dunn for such misbehavior as witness tampering, obstruction, intimidation, and what one judge called “legal thuggery.”
Using US RICO statutes designed to prosecute organized crime syndicates, the firm filed a “racketeering” case against Donziger. Judge Kaplan at the US Court of Appeals for the Second Circuit in New York—a former tobacco company lawyer widely viewed as being friendly to large corporations—agreed to hear the peculiar case. Kaplan claimed the Ecuador trial “was not a bona fide litigation” and insulted the victims, calling them “so-called plaintiffs.” Gibson Dunn lawyer Randy Mastro called the Ecuador courts “a sham.”
Prominent trial lawyer John Keker, representing Donziger, claimed the Kaplan trial was pure intimidation and called the proceedings a “Dickensian farce” driven by Kaplan’s “implacable hostility” toward Donziger.
On the eve of the trial, Chevron dropped its financial claims, allowing Kaplan to dismiss the jury and decide the outcome himself. Then Chevron unveiled their star witness—Alberto Guerra, a disgraced former Ecuadorian judge removed from the bench for accepting bribes. In a Chicago hotel room, Chevron and Gibson Dunn lawyers rehearsed Guerra for 53 days.
In Kaplan’s court, Guerra claimed that Donziger had approved a “bribe” to an Ecuadorian judge and had written the final court ruling for the judge, allegedly transferred on a computer thumb drive. No corroborating evidence was ever offered. Guerra later admitted lying about these facts, and a forensic investigation of the Ecuadorian judge’s computer proved that Guerra had lied.
The entire story now appears fabricated. Donziger’s lawyers have attempted to locate Guerra and depose him, but the star witness has not yet been found.
“Chevron’s case,” said Donziger’s lawyer Andrew Frisch, “rested on the testimony of a witness who was paid over $1 million.” Frisch stated that Kaplan’s rulings “have been contradicted in whole or in part by 17 appellate judges in Ecuador and 10 in Canada, including unanimous decisions of the highest courts in both countries.”
Nevertheless, without a jury, Kaplan accepted Guerra’s testimony and found that Donziger had committed fraud. Finally, Kaplan ordered Donziger to turn over his computer and cellphone to Chevron. Since this order violated attorney-client confidentiality, Donziger refused until the court of appeals could decide the issue.
Kaplan charged Donziger with “criminal contempt” for refusing his order. However, the order and the contempt charge were so outrageous that the N.Y. prosecutor’s office refused to accept the case. Kaplan defied the state authorities and appointed a private law firm, Seward & Kissel—with commercial ties to Chevron—to act as prosecutor, which, in turn, ordered Donziger be placed under “pretrial home detention.”
Legal thuggery
An unnamed New York Second Circuit judge—presumed by Donziger and his lawyers to be Kaplan—filed a complaint against Donziger with the bar grievance committee in New York, which then suspended Donziger’s law license without a hearing. However, bar referee and former federal prosecutor John Horan called for a hearing and recommended the return of Donziger’s law license. “The extent of his pursuit by Chevron is so extravagant, and at this point so unnecessary and punitive,” Horan wrote, “he should be allowed to resume the practice of law.” Donziger responded that, “Any neutral judicial officer who looks objectively at the record almost always finds against Chevron and Kaplan. The tide is turning and the hard evidence about the extreme injustice in Kaplan’s court will be exposed.”
This case appears to be about bullying. Chevron is one of the wealthiest corporations in the world. The plaintiffs are poor, Indigenous, and campesino people with scarce access to money or lawyers. “Donziger came to our rescue,” says FDA president Luis Yanza. How big can high-stakes corporate bullying get? Donziger’s lawyers estimate the oil giant has spent over $2 billion on 2,000 lawyers, public relations teams, and private investigators.
At the dinner party at Donziger’s, I met supporters from around the world, from Amazon Watch and Global Witness, journalists, lawyers, and human rights advocates. “This case is not just about Steven’s fate,” said Simon Taylor, director of Global Witness in London. “I believe the injustice to him is intended to intimidate the rest of us, to chill the work of other environmental and corporate accountability advocates.”
American human rights attorneys Martin Garbus and Charles Nesson formed a support committee for Donziger with dozens of civil society leaders, including: Clive Stafford-Smith, founder of the prisoner-rights group Reprieve in London; Atossa Soltani and Leila Salazar, the founder and executive director of Amazon Watch; Lynne Twist, co-founder of the Pachamama Alliance working in the Amazon; renowned author John Perkins; and famed musician Roger Waters.
The tide may be turning for Donziger and the victims in Ecuador. In June 2019, Amnesty International asked the US Department of Justice to conduct a criminal investigation into Chevron’s and Gibson Dunn’s conduct, witness bribery, and fraud in the Ecuador pollution litigation
This past February, Prof. Ellen Yaroshefsky, director of the Monroe H. Freedman Institute for the Study of Legal Ethics at Hofstra University in New York, wrote that the Kaplan and Seward & Kissel prosecution of Donziger is flawed with conflicts of interest, financial ties to Chevron Corporation, and judicial bias.
In April, 29 Nobel laureates signed a letter stating, “(We) support Steven Donziger and the Indigenous peoples and local communities in Ecuador in their decades-long work to achieve environmental justice over pollution caused by Chevron…. Chevron and a pro-corporate judicial ally, US District Judge Lewis A. Kaplan, manufactured ‘contempt’ charges against Donziger. (Chevron’s) goal is to intimidate and disempower the victims of its pollution and a lawyer who has worked for decades on their behalf.”
A month later, more than 475 international lawyers, bar associations, and human rights advocates criticized Kaplan’s ruling for persecuting Donziger “based on false witness testimony provided by Chevron, personal animus, and… to protect Chevron from a valid foreign court judgment.” The letter, from the US National Lawyers Guild and the International Association of Democratic Lawyers, urges an end to the pretrial house arrest of Donziger, noting “such arbitrary detention sets a dangerous precedent for human rights attorneys in the United States and around the world.”
On May 27, 2020, the Newground investment firm in Seattle, Wash., placed two proposals on Chevron’s 2020 proxy call, asking for governance reforms to bring its Ecuador issues to resolution, and prevent future human rights and pollution liabilities. The proposals were supported by actor Alec Baldwin, musician Roger Waters, and Nobel laureate Jody Williams.
On July 16, the European Parliament wrote to the US Congress asking the Congressional Subcommittee on the Constitution, Civil Rights, and Civil Liberties to investigate Chevron’s treatment of Donziger, which the EU Parliament found “not consistent with what has traditionally been the strong support in the United States for the rule of law generally and for protection for human rights defenders in particular.”
Late at night, in the Donziger home, after the supporters had left, Donziger and his wife Laura sipped wine. “We’re not giving up,” Donziger said. “The only fraud in this case has been conducted by Chevron. Modern nations have comity relationships, formally respecting each other’s court decisions. We’re reviewing enforcement actions in Canada, Australia, and other jurisdictions. Chevron owes the money, and they can’t just run, hide, and fabricate stories to avoid paying. They’re persecuting me to try to change the public narrative, but they’re guilty. They committed the crime, they hurt people, they were proven responsible in a court of law that they chose, and they owe the money.”
…..As I write this, in mid-July, Donziger has been in home detention for 345 days, almost a year, longer than any lawyer in US history has ever served for a contempt charge.
