Azerbaijan’s Supreme Court has commuted a seven-and-a-half-year prison sentence against prominent human rights lawyer Intigam Aliyev, paving the way for his release after nearly a year in prison
On 7 April 2016 Azerbaijan human rights lawyer Intigam Aliyev was awarded the Civil Rights Defender of the Year Award in Stockholm by the NGO Civil Rights Defender. Released in March (see: https://thoolen.wordpress.com/2016/03/28/human-rights-defender-intigam-aliyev-freed-in-azerbaijan-today/) his son Najmin Kamil came to accept the award and said, “My father dedicated his tireless and selfless work to the promotion and protection of human rights, and sacrificed his freedom for the freedom of others – just because it is important for him to stand strong for what he believes in, no matter the circumstances”.
Having paid so much attention to Azerbaijan in the past years [https://thoolen.wordpress.com/tag/azerbaijan/] it would be almost unfair not to mention that the Supreme Court in Baku today released Azerbaijan’s leading human rights lawyer, Intigam Aliyev. The court converted his seven-and-a-half year prison sentence to a five-year suspended term.
[Aliyev, an award winning human rights lawyer is also chair of the Legal Education Society, which litigated human rights cases in Azerbaijan. He was one of the first Azerbaijani lawyers to bring cases to the European Court of Human Rights and has mentored a new generation of human rights lawyers in the country. In April 2015, Baku’s Grave Crimes Court convicted Aliyev on politically motivated charges of tax evasion, illegal business activities, embezzlement, and abuse of authority.]
It is good that an important newspaper in the US (the New York Times of 5 January 2016) carries a op-ed about the situation of human rights defenders in Israel. Under the title “Israel’s Human Rights Activists Aren’t Traitors“, Michael Sfardjan argues that smear attacks by ultra-nationalists on human rights campaigners have sunk to new lows. Michael Sfardjan is an Israeli human rights lawyer who serves as legal adviser to the Israeli organizations Breaking the Silence, Yesh Din and the Human Rights Defenders Fund. Here some long excerpts:
In the series Human Rights Defenders against Torture, OMCT published on 7 December “Nicaragua: Meet Vilma: Still not ready to stop fighting against torture in Nicaragua”. Vilma Núñez de Escorcia , 77, has been heading the Centro Nicaragüense de Derechos Humanos (CENIDH) for the past quarter of a century, assisting civil society’s underprivileged populations and building the capacity to protect and promote human rights. The first female magistrate in Nicaragua appointed Vice-President of the Supreme Court from 1979 to 1987, Vilma pegs her commitment to fighting for justice to the fact that she was born outside marriage - a terrible thing at that time, which meant that she was barred from the best religious secondary school and could not inherit as much as each of her “legitimate” siblings. She is now thankful for what she then considered as a “misfortune” as it made her realize how the legal system treated people differently. This realization made her want to train as a lawyer specializing in human rights and penal law. “I didn’t’ want anyone else to suffer discrimination so I chose to become a lawyer, to understand and stop it,” she explains.
Yesterday I announced the “10 December, 10 Defenders” Campaign by OMCT. One the first profiles concerns Russian human rights defender Olga Sadovskaya.
Olga Sadovskaya does not shout, or carry banners in the streets; nor does she complain about the threats and insulting graffiti she regularly finds painted on the fence around her house. This sober 36-year-old lawyer, who practices yoga in her spare time, has put her legal skills and intellectual rigor in the service of the cause of fighting torture. As Deputy Director of the Committee Against Torture, theNGO that won the 2011 Council of Europe Human Rights Prize, she focuses on winning legal victories in torture cases by thorough investigative groundwork, sophisticated medical reports and legal expertise.
“Everyone should care about torture because anyone could be the next victim,” Olga says. “If torture is condoned or indeed widespread, it means that the State’s legal system is not working properly, not only when torture is involved, but at all levels.” Torture works like a litmus test. If it is accompanied by impunity, the legal system is dysfunctional. “There is no guarantee that the law will work properly in ordinary, day-to-day situations, as when someone asks for a bank loan, sues for damages, needs her child to be protected from abuse or her mother to be provided with anaesthesia”, she explains.
The work pays off. In the 13 years she has been with the Committee, she and her colleagues have filed 84 complaints at the European Court of Human Rights, managed to put more than 100 police officers in jail for torture, with clients receiving almost 46 million roubles (700,000 USD) in compensation, and several lives being saved by evacuation from Chechnya.
Olga describes her work as a constant challenge given the Russian Government’s attempts to close down independent human rights organizations. For lack of substantive arguments, the Government accuses the Committee – partially funded by international donors, as most NGOs – of being a foreign agent, in order to prevent it from accessing funds that allow it to function. This is a commonly used tactic against human rights activists. Rather than simply banning an NGO, some States block its access to external funding by a variety of restrictive measures – legal, administrative or practical – which being, less obvious, are less likely to draw international condemnation. Although, as a result, the Committee might run out of money within three months, Olga keeps ploughing through her cases with unwavering faith that her work is about restoring trust in the State. [for more on foreign agent, see: https://thoolen.wordpress.com/tag/foreign-agent/]
In this video (published on 14 October 2015) human rights lawyer Amal Clooney tells Amnesty International why she has taken up the case of former President Mohamed Nasheed, former president of the Maldives who was jailed for 13 years on terrorism charges. This hasty trial received universal criticism and the United Nations Working Group on Arbitrary Detention has declared his imprisonment as a violation of international law. Amal Clooney gave this interview after she spoke at a side event organised by Amnesty International to highlight the human rights situation in the Maldives focusing on fair trials and access to justice. https://thoolen.wordpress.com/2015/09/07/mahfooz-saeed-lawyer-of-maldives-ex-president-stabbed/
Others in a similar situation as Nasheed include former Defence Minister Mohamed Nazim, sentenced in March to 11 years for allegedly keeping an unlicensed weapon; former Deputy Speaker of Parliament Ahmed Nazim, sentenced in March to 25 years for alleged corruption. Almost all opposition leaders are either in jail or in exile, fearing arrest and imprisonment if they return. They include Sheikh Imran Abdulla, the leader of Adhaalath Party, who has been detained since May. He is at risk of unfair trial.
Intigam Aliyev, President of the Legal Education Society (LES), Azerbaijan, was today named the winner of the 2015 International Bar Association (IBA) Human Rights Award. The Award was presented by IBA President, David W Rivkin. A political prisoner in Azerbaijan, Mr Aliyev was unable to collect the Award in person. His son and daughter travelled to Vienna and collected the Award, on Friday 9 October, on his behalf. For more on the IBA award: http://www.brandsaviors.com/thedigest/award/iba-human-rights-award
In a letter read by his son Necmin Kamilsoy, Mr Aliyev said, ‘When I heard about this prestigious Award, I felt honour and happiness with sadness at the same time. Today, in my country, my friends, colleagues, conscientious people, are facing prosecutions, pressures, and imprisonments. They deserve this award at least as much as I do. Therefore, I am accepting this award on behalf of them. I share my deep gratitude with the IBA for appreciating my efforts in such a way, as well as with all organisations that nominated me for this award.’
The Emirates proudly sponsor major clubs such as AC Milan, Real Madrid, Benfica, Paris Saint-Germain and Arsenal, but when it comes to flying out of the country there is a problem for those who do not toe the line. A case in point is Ahmed Mansoor, one of 3 finalist for the 2015 Martin Ennals Award for Human Rights Defenders.
Today – 15 September 2015 – the 10 international NGOs on the Jury of the MEA (see list below) came out with an exceptional joint statement calling on the United Arab Emirates (UAE) authorities to lift the travel ban imposed on Ahmed Mansoor and to issue him a passport before the ceremony on 6 October in Geneva (in which the United Nations High Commissioner for Human Rights participates).
Widely respected as one of the few voices within the UAE to provide a credible independent assessment of human rights developments, Ahmed Mansoor regularly raises concerns regarding arbitrary detention, torture or degrading treatment, and failure to meet international standards of fair trial. He also draws attention to other human rights abuses, including against migrant workers. As a result, Ahmed Mansoor has faced repeated intimidation, harassment, and death threats from the UAE authorities or their supporters, including arrest and imprisonment in 2011 following an unfair trial. He and four other activists who called for democratic rights in the UAE were jailed in 2011 on the charge of “insulting officials”. Although pardoned and released later that year, Ahmed Mansoor has been banned from travel and had his passport confiscated.
Martin Ennals Award for Human Rights Defenders
The Martin Ennals Award Jury today said: “Ahmed Mansoor’s absence at the ceremony would mark a very disappointing position for the UAE, which is a country that prides itself as one of the hubs of international business and tourism in the Middle East, as well a safe haven in the region. As a member of the UN Human Rights Council, which is running for a second term, we expect the UAE authorities to honour their obligations to uphold human rights and protect human rights defenders. The UAE government must match its rhetoric on the international stage with meaningful actions at home, starting with immediately lifting the travel ban on Ahmed Mansoor, to returning and renewing his passport, and allowing him to travel to Geneva for the ceremony.”
On Friday 11 September the 2015 Front Line Defenders Award for Human Rights Defenders at Risk was presented to imprisoned Chinese Human Rights Defender Guo Feixiong in Dublin City Hall. Irish author and playwright Sebastian Barry presented the award to Guo’s wife, Zhang Qing, and daughter, Yang Tianjiao (Sara), at the award co-presented by the Al-Jazeera Media Network. Guo has been held in Guangzhou’s Tianhe Detention Center for over 750 days, where is currently awaiting sentencing. Sebastian Barry said:“For human rights defenders the struggle is not just to implement rules and regulations and theoretical international standards. It is is about the right to raise your voice without the fear of arbitrary violence, whether by the state or others. Guo Feixiong has defended farmers illegally evicted from their land, Falun Gong practitioners persecuted for their beliefs and journalists who dared to speak out. He is a symbol of the endurance of the human spirit, of the will to survive and of the human need for the free air of ideas, to make life worth living. He is a worthy recipient of the 2015 Front Line Defenders Award.”
Guo Feixiong (pen name of Yang Maodong) is a leading figure in the movement for human rights China – a struggle fraught with danger for human rights defenders seeking civil, political, economic and social rights; accountability; transparency; and an end to corruption. After more than two years in detention, Guo Feixiong’s lawyers now report that during their most recent meeting, his memory, speech, and mental awareness all showed signs of damage.Last week, a coalition of Chinese human rights activists writing at China Change called his detention “a deliberate effort to harm Guo Feixiong and kill him slowly.”Accepting the Award on behalf of her husband, Zhang Qing said:“Guo Feixiong is a faithful idealist. Although he has experienced a wide range of political persecution by the Chinese government including, being sentenced to four prison terms, being the target of a witch hunt, and enduring countless brutal and evil tortures from the Chinese government he still holds a peaceful and pure heart. He shows enduring strength and courage to pursue rights, equality and justice peacefully. We are proud of Guo Feixiong and all the other human rights defenders and lawyers working to the same end in China”.
It does not rank as the worst human rights violation in the world but the stabbing of the lawyer of the Maldives’ ex-president is a classic case of attacking the defenders. Wonder why not more lawyers organizations have come out in professional solidarity:
On Friday 4 September lawyer Mahfooz Saeed was stabbed in the islands’ capital, Male, ahead of a visit by his international legal team, including human rights lawyer Amal Clooney. He underwent emergency surgery and is now in a stable condition. “There were many people who saw the incident. The attackers were also caught on CCTV cameras,” Shauna Aminath, a spokeswoman for the MDP, of which Saeed is also a member, told AFP. The party believes the attack was politically motivated, she said.
Amnesty International condemned the assault and called on the Maldivian government to bring the perpetrators to justice.
“This vicious attack must not go unpunished — Maldives authorities must ensure that human rights defenders can work free from fear of reprisals and that those responsible are held to account,” the human rights group said in a statement.
Amal Clooney is due to travel to the Maldives this week to meet with Nasheed. She is part of the legal team along with Jared Genser — who has represented Myanmar’s Aung San Suu Kyi — and Ben Emmerson, a judge on international criminal tribunals for Rwanda and former Yugoslavia.
Hans Thoolen on Human Rights Defenders and their awards 