Posts Tagged ‘human rights lawyers’

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Inter-American Court of Human Rights: Historic Victory for CAJAR in Colombia

April 10, 2024

In a landmark ruling for fundamental freedoms in Colombia, the Inter-American Court of Human Rights found that for over two decades the state government harassed, surveilled, and persecuted members of a lawyer’s group that defends human rights defenders, activists, and indigenous people, putting the attorneys’ lives at risk. 

The ruling is a major victory for civil rights in Colombia, which has a long history of abuse and violence against human rights defenders, including murders and death threats. The case involved the unlawful and arbitrary surveillance of members of the Jose Alvear Restrepo Lawyers Collective (CAJAR), a Colombian human rights organization defending victims of political persecution and community activists for over 40 years.

The court found that since at least 1999, Colombian authorities carried out a constant campaign of pervasive secret surveillance of CAJAR members and their families. That state violated their rights to life, personal integrity, private life, freedom of expression and association, and more, the Court said. It noted the particular impact experienced by women defenders and those who had to leave the country amid threat, attacks, and harassment for representing victims.  

The decision is the first by the Inter-American Court to find a State responsible for violating the right to defend human rights. The court is a human rights tribunal that interprets and applies the American Convention on Human Rights, an international treaty ratified by over 20 states in Latin America and the Caribbean. 

In 2022, EFF, Article 19, Fundación Karisma, and Privacy International, represented by Berkeley Law’s International Human Rights Law Clinic, filed an amicus brief in the case. EFF and partners urged the court to rule that Colombia’s legal framework regulating intelligence activity and the surveillance of CAJAR and their families violated a constellation of human rights and forced them to limit their activities, change homes, and go into exile to avoid violence, threats, and harassment. 

Colombia’s intelligence network was behind abusive surveillance practices in violation of the American Convention and did not prevent authorities from unlawfully surveilling, harassing, and attacking CAJAR members, EFF told the court. Even after Colombia enacted a new intelligence law, authorities continued to carry out unlawful communications surveillance against CAJAR members, using an expansive and invasive spying system to target and disrupt the work of not just CAJAR but other human rights defenders and journalists. 

In examining Colombia’s intelligence law and surveillance actions, the court elaborated on key Inter-American and other international human rights standards, and advanced significant conclusions for the protection of privacy, freedom of expression, and the right to defend human rights. 

The court delved into criteria for intelligence gathering powers, limitations, and controls. It highlighted the need for independent oversight of intelligence activities and effective remedies against arbitrary actions. It also elaborated on standards for the collection, management, and access to personal data held by intelligence agencies, and recognized the protection of informational self-determination by the American Convention.

For more details see: https://www.eff.org/deeplinks/2024/04/historic-victory-human-rights-colombia-inter-american-court-finds-state-agencies

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Day of the Endangered Lawyer (24 January 2024)

January 30, 2024

To mark the Day of the Endangered Lawyer, the Law Society of England and Wales issued a press release on 24 January honouring legal professionals who are targeted for upholding the rule of law and defending a strong justice system.

The Law Society has published its annual intervention tracker which shows that the Society took 40 actions relating to 17 countries in 2023. Most of these actions were initiated by concerns relating to arbitrary arrest or detention (58%) followed by harassment, threats and violence (27%).

Law Society president Nick Emmerson said: “Across the world, lawyers continue to face harassment, surveillance, detention, torture, enforced disappearance and arbitrary arrest and conviction...

We use this day to draw attention to the plight faced by countless lawyers across the globe, as they fight for their right to freely exercise their profession and uphold the rule of law.

“Our intervention tracker reflects where the Law Society has acted on behalf of lawyers and human rights defenders in 2023. The intervention tracker is part of our Lawyers at Risk programme to support those who are prevented from carrying out their professional duties. See: https://www.lawsociety.org.uk/campaigns/international-rule-of-law/whats-changing/lawyers-at-risk.

A recent example comes from Amnesty International on 25 January 2024: On 31 October 2023, human rights lawyer, Hoda Abdelmoniem, was due to be released after serving her unjust five-year prison sentence stemming solely from the exercise of her human rights. Instead, the Supreme State Security Prosecution (SSSP) ordered her pretrial detention pending investigations into similar bogus terrorism-related charges in a separate case No. 730 of 2020. During a rare visit to 10th of Ramadan prison on 4 January, her family learned that her health continues to deteriorate and that she developed an ear infection, affecting her balance and sight. She must be immediately and unconditionally released. [see also: https://humanrightsdefenders.blog/2020/11/29/2020-award-of-european-bars-associations-ccbe-goes-to-seven-egyptian-lawyers-who-are-in-prison/]

The Geneva newspaper le Temps [https://www.letemps.ch/monde/moyenorient/chaque-minuscule-resultat-est-une-victoire-immense-en-iran-les-avocats-face-au-simulacre-de-justice] carries the story of Leila Alikarami, “avocate iranienne et défenseuse des droits humains, a représenté plus de 50 femmes devant les juges religieux des tribunaux révolutionnaires”.

See also: https://humanrightsdefenders.blog/2020/01/28/law-society-of-ontario-reflects-on-how-to-support-human-rights-lawyers-abroad/

https://www.lawsociety.org.uk/contact-or-visit-us/press-office/press-releases/honour-those-who-defend-our-human-rights

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European Bar Association gives 2023 award to three Chinese lawyers

December 5, 2023

Jailed Hong Kong, Chinese attorneys honored with human rights award

From right, jailed Hong Kong barrister Chow Hang-tung and Chinese rights attorneys Xu Zhiyong and Ding Jiaxi were honored with human rights awards by the Council of Bars and Law Societies of Europe. Credit: Reuters, AP, Reuters

Three jailed attorneys from Hong Kong and China have been honoured with Council of Bars and Law Societies of Europe human rights awards, as a Chinese court rejected appeals from two of them, upholding their original sentences for “subversion.”

For more on these CCBE human rights awards, see: https://www.trueheroesfilms.org/thedigest/awards/A3C73F81-6FCB-4DDD-9356-61C422713949

Jailed Hong Kong barrister Chow Hang-tung, who has been behind bars since September 2021, and Chinese rights attorneys Xu Zhiyong and Ding Jiaxi, who were jailed in April for attending a 2019 gathering of dissidents in the southeastern city of Xiamen, were given the awards in absentia in recognition of their work upholding human rights, the association said on its website. See: https://humanrightsdefenders.blog/2023/04/11/xu-zhiyong-and-ding-jiaxi-two-human-rights-defenders-in-china-sentenced/

The ceremony in Athens took place on Friday 24 November, the same day that a court in the eastern province of Shandong rejected appeals from Ding and Xu, who are currently serving 12- and 14-year jail terms handed down by the Linshu County People’s Court for “subversion of state power,” respectively.

Chow said in an acceptance speech sent from prison that the fight for democracy in China is part of ensuring that the law serves democratic and humanitarian values, rather than just the wishes of those willing to use force to bring others in law. See: https://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/HUMAN_RIGHTS_AWARD/2023/EN_2023_HR_Speech_Chinese-Human-rights-lawyer-Hang-Tung-Chow.pdf

“The dignity of our profession … it is bound up with the dignity of the law, with whether the law reflects our autonomy or denies it,” wrote Chow, who organized now-banned annual vigils commemorating the 1989 Tiananmen massacre.

“In that sense the building of democratic institutions that alone can safeguard the law’s dignity is also a lawyer’s duty, which is why all three of us receiving this prize today are jailed for working for democracy in China, a fight that may seem unrelated to our profession but is in fact, central to it,” said Chow.

She is currently awaiting trial under a security law on charges of “subversion” amid an ongoing crackdown on dissent in Hong Kong.

“It is a fight we cannot waver from, even when knowing that the laws we served would likely condemn us,” she said, describing the fight as “the highest service a lawyer can offer her fellow men.”

Rights activist Patrick Poon said the fact that Chow was honored alongside Xu and Ding shows how little difference there is now between the judicial systems in Hong Kong and mainland China, following a years-long crackdown on political opposition and public dissent in the wake of the 2019 protest movement.

https://www.rfa.org/english/news/china/china-lawyers-awards-11272023160715.html

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Notre Dame law professor Diane Desierto about Human Rights Defenders

November 20, 2023

Law professor Diane Desierto advocates for dignity and justice, and for her students to do the same

When Nobel laureate Maria Ressa was arrested for cyberlibel, she wasn’t shaken. In a two-year period, the Filipino American journalist, Time magazine Person of the Year, Fulbright scholar, and author of How to Stand Up to a Dictator had racked up 10 arrest warrants, plus a barrage of online hate, for her role as founder of Rappler, an independent news site known for its criticisms of authoritarian president Rodrigo Duterte. The claims ranged from fraud to tax evasion to ties with the Central Intelligence Agency, all of which were eventually dismissed.

Nobel laureate Maria Ressa.
Ressa offers the 2021 Nobel Peace Prize lecture in Oslo, Norway.

But when her cyber libel conviction, the first of its kind in the Philippines and which carries a seven-year jail sentence, reached the country’s Supreme Court, she needed help. That help came in the form of Notre Dame law professor Diane Desierto.

Desierto is the faculty director of the LL.M. in International Human Rights Law and founding director of the Law School’s new Global Human Rights Clinic. While teaching and publishing, she also serves as a member of a United Nations working group, faculty at the Hague Academy of International Law, and international counsel at the Permanent Court of Arbitration, the UN Human Rights Committee, the International Criminal Court, the International Court of Justice, and the Philippine Supreme Court. She’s tangled with threats, attacks, and authoritarian governments, primarily in the Philippines and other Southeast Asian countries, as well as China, where she was detained twice.

Though Ressa already had a powerhouse legal team, she asked Desierto to represent her at the Philippine Supreme Court.

“I chose Diane to represent me because she had the courage to stand up. She understood the risks,” Ressa says, noting that these days lawyers are even more likely to be harassed or killed than journalists. “Yet she also understood both, from a Filipino perspective, the ties that bind and the way the law can be used to protect us.”

Desierto 1600
Professor Diane Desierto says human rights lawyers from around the world are welcome at Notre Dame.

She smiles and says, “And she’s never lost a case.”

In a matter of days, Desierto had filed an appeal, on top of her international commitments and teaching load. But her motivation was simple: “This is the right thing to do.” She adds, “We’re the place that wants to do the right thing.”

“Human rights lawyers generally experience a range of threats. It’s not just physical threats and death threats and actual killings, but also the delegitimization of the work that they do. And that includes being discredited publicly. That includes having all forms of coercion being placed on your family. So some of the threats that I’ve dealt with have not just been physical threats to my person or detention, but have also included threats to my family’s law firm, have also included arrests and detentions and all manner of harassment and intimidation. But that’s just the tip of the iceberg that most human rights lawyers face today.” Desierto says

Desierto notes that according to recent studies, 72 percent of the world’s population live under authoritarian rule. Additionally, during the COVID pandemic, emergency regimes were set up, during which time 3,000 human rights lawyers were killed globally. That’s already a high number, but Desierto underscores the ripples of what 3,000 people could have done.

“We are trusted by a lot of places around the world where human rights defenders are under siege,” Desierto says. “They have sanctuary here, and they can grow with a community here, and they can be supported with this community.” Roqia Samim has experienced that support firsthand. Samim is a human rights lawyer from Afghanistan and a 2022 graduate from the LL.M. program.

A photo of Roquia Samim

“Notre Dame Law School and the LL.M. Program for International Human Rights Law became my home and became my shelter.”—Roqia Samim ’22 LL.M.

“Unfortunately, when I came to Notre Dame, at the same time that I arrived here, I lost my home and my country,” Samim says, citing the 2021 Taliban takeover. She adds that given her background in human rights and her advocacy for women’s rights, she fears detention, disappearance, or murder if she were to return home. “It was really hard for me to accept that there is no home for me to go back to from Notre Dame; there is no place for me to go back and work for human rights. But Notre Dame Law School and the LL.M. Program for International Human Rights Law became my home and became my shelter. They supported me here to continue my work for human rights in my country from here.”

Samim remains committed to research human rights issues and violations in Afghanistan as a senior research associate in the Law School. In that role she co-authored a piece titled “Afghan Women’s Rights as the Taliban’s Bargaining Tool for International Recognition,” which was featured by the United Nations Special Rapporteur on Human Rights Defenders. In the piece, she and co-author Tahmina Sobat ’20 LL.M. detail violations and oppression such as banning women from working or attending secondary school or university, and imposing dress codes and gender segregation rules.

“With this opportunity I can document all those human rights abuses and violations by the Taliban in Afghanistan, and provide evidence and reports to the international organizations, including United Nations, to have serious attention for these ongoing violations in my country.”

Research aside, being part of a robust, diverse, and historic community has given her confidence and a sense of belonging, she says.

“Since I came to Notre Dame, and since I attended this program, I don’t feel that I’m alone anymore. I see my work as a strong commitment to serve humanity and human beings to access their basic rights and dignity,” she says. “There are many people like me, fighting for human rights around the world. I saw that, and I learned that, here in this program. Working with a diverse group of people, a diverse group of human rights lawyers from different countries, I realized that gave me more motivation to work harder for human rights and realized that I’m not alone in this fight.”

Desierto wants that message sent to lawyers around the globe. You are not alone. You are welcome here. We at Notre Dame can and will support you.

“We have something really great here,” Desierto says. “I want to let human rights defenders know anywhere in the world that this is legitimately the one place where no topic is censored. Where no issue is ever immune from discussion. This is one place that has genuine freedom to do all of it and be all of it. Where we strive to realize the human rights outcome.”

Desierto is living that mission. While teaching and zig-zagging across the globe, she is handling Maria Ressa’s final petition and preparing for oral arguments at the Supreme Court of the Philippines.

She and Ressa await a decision, as do thousands of journalists, and hundreds of Notre Dame LL.M. alumni who also fight for human rights, all across the globe.

Desierto Ressa 1600
Desierto and Ressa await a decision for their appeal to the Philippines’ Supreme Court. 

https://fightingfor.nd.edu/2023/fighting-to-defend-human-rights/

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Human rights lawyer Gao Zhisheng and the practice of enforced disappearances: joint letter

September 5, 2023

We, the undersigned organizations, call on the Chinese authorities to immediately and unconditionally release prominent human rights lawyer Gao Zhisheng ahead of the sixth anniversary of his disappearance on August 13. 

And as we near “The International Day of the Disappeared” on August 30, we also condemn the Chinese government’s use of enforced disappearances as a tactic to silence and control activists, religious practitioners, Uyghurs and Tibetans, and even high-profile celebrities, entrepreneurs, and government officials. [see also: https://humanrightsdefenders.blog/2022/08/31/enforced-disappearances-in-china/]

Gao Zhisheng was one of the first human rights lawyers to emerge in the early 2000s and he became an important leader of China’s rights defense movement. He took on cases to help migrant workers and defend spiritual practitioners, including Falun Gong adherents and Christians. Gao wrote open letters to China’s top political leadership to call attention to the plight of Falun Gong practitioners and the abuse he had suffered while defending them. 

In 2006, Gao was sentenced to three years in prison on the charge of “inciting subversion of state power,” and after being released on parole, he was repeatedly disappeared for extended periods and tortured by police between 2007 and 2011. In December 2011, state media reported that Gao had been imprisoned in the Uyghur region to serve out his sentence after violating terms of his parole. He was then released in 2014 but remained under house arrest.

Gao’s relatives in China, as well as fellow rights lawyers and activists, who previously remained in contact with him, have not heard from him since August 13, 2017. Ever since then, Chinese authorities have, implausibly, claimed that Gao is not under any “criminal coercive measures.”   

Over the past six years, Gao has effectively remained in a state of enforced disappearance. 

Gao Zhisheng’s wife, Geng He, although living in the United States, has continued to advocate for him, pleading with the Chinese government to allow the world to “see him if he’s alive, or see his corpse if he’s dead”. Most recently, she has demanded that he be put on trial if he is guilty, and at the very least, that his lawyers should be allowed to meet with him and family members should have videoconferences. 

However, the Chinese government has not provided Geng He with even this minimum amount of information. 

On several occasions United Nations bodies and human rights experts have sought information about Gao Zhisheng’s status, but the Chinese government has refused to clarify his situation. Most recently, in 2020, the Chinese government responded to a letter from six UN Special Rapporteurs by claiming that, “In August 2014 Mr. Gao was released, having served his sentence. Since his release, the public security authorities have not taken any coercive measures against him.”

Gao Zhisheng’s case has been treated under the humanitarian mandate of the UN Working Group on Enforced or Involuntary Disappearances (case no. 10002630). The UN Working Group on Arbitrary Detention had also previously issued an opinion in 2010 stating that Gao’s detention was arbitrary under international law and calling for his immediate release, but Gao has remained under control of the authorities ever since.

Enforced disappearances of other human rights defenders

While Gao Zhisheng’s case is arguably the most famous and well-documented case of prolonged enforced disappearance in blatant violation of international law, there are several other noteworthy cases: 

Former human rights lawyer Yu Wensheng and his wife Xu Yan were detained in April 2023 as they were taking the subway to attend an event at the European Delegation in Beijing. They have been arrested and charged with “inciting subversion of state power,” but authorities have prevented lawyers from visiting them, and their 18-year-old son is under “house arrest.”  See also: https://humanrightsdefenders.blog/tag/yu-wensheng/

Human rights activist Jia Pin has been missing since September 24, 2022. He was last known to have been traveling to Beihai City in Guangxi. His friends do not know where he is, although some speculate that he may have been taken away by Henan provincial police.

Protester Peng Lifa, was taken away by authorities on October 13, 2022 after engaging in a one-man protest on the Sitong Bridge in Haidian District in Beijing against China’s stringent COVID measures and against the rule of Xi Jinping. There have been no reports about where Peng Lifa is being held.

Jiangsu-based human rights defender Tao Hong has been a victim of enforced disappearance since September 9, 2022, after she signed a open petition showing concern for the death of Mao Lihui, a petitioner who police claimed died via self-immolation while detained in a hotel. Before being detained, Tao Hong told friends on WeChat that she “absolutely wouldn’t commit suicide” – as a pre-emptive warning not to believe authorities should she mysteriously turn up dead.

Journalist Yang Zewei, who goes by the pen name Qiao Xinxin, was presumably taken away in Laos on May 31 by what is believed to have been a joint Chinese and Laotian policing effort. Earlier in the year he had launched a campaign to urge for the dismantling of the Great Firewall, an action he labeled as the #BanGFW movement. Before being detained Yang had tweeted that authorities were harassing his relatives in his hometown, and he also declared that he would not commit suicide in detention. On August 8 it was confirmed that he had been returned to China and was being held at the Hengyang Detention Center in Hunan.

Falun Gong practitioners Chen Yang (陈阳) and Cao Zhimin from Hunan province have been held incommunicado since October 2020, after being detained when studying spiritual scriptures with fellow believers. Yang had previously been jailed for four years for his activism and Cao had been held with her five-year-old daughter at an extralegal detention facility in 2010. According to the couple’s daughter, now a teenager studying in the United States, relatives in China have been unable to meet with them since their detention and lawyers hired were stopped from representing the couple. They are believed to have been sentenced to prison in November 2022, but the length of sentence remains unknown, no formal notification was sent to the family, and no news is available on their condition in custody. 

Enforced disappearances of Uyghurs and Tibetans

The Chinese Communist Party, composed solely of Han Chinese officials at the highest levels of decision making, continues to use systemic enforced disappearances of non-Han groups to control, intimidate, and silence them. See: https://humanrightsdefenders.blog/2023/08/18/un-experts-demand-detailed-information-on-nine-tibetan-environment-defenders/

In the Xinjiang Uyghur Autonomous Region (XUAR), also known as the Uyghur region or East Turkistan by Uyghurs, there likely remain hundreds of thousands of Uyghurs who are subjected to arbitrary detention and enforced disappearance through the legal system. In 2022, the Xinjiang High People’s Procuratorate, stated that 540,826 people had been prosecuted in the region since 2017. In November 2022, the UN Committee on the Elimination of Racial Discrimination (CERD) urged China to “immediately release all individuals arbitrarily detained in the XUAR, and to provide relatives of those detained or disappeared with detailed information about their status and well-being.”

As the UN Office of the High Commissioner for Human Rights (OHCHR) has noted, there is almost no public data about the criminal justice system in the region since 2020 and the government has not made public criminal verdicts or provided relevant information to the OHCHR. Furthermore, as a UN Working Group on Arbitrary Detention (WGAD) opinion noted in a 2022 decision finding that three Uyghurs – Qurban Mamut, Ekpar Asat and Gulshan Abbas – had been arbitrarily detained and were victims of enforced disappearance, no verdicts were ever made public and the Chinese government did not respond to the UN with any information regarding the proceedings, “it is unclear if they have indeed stood trial at all.”  In another case from 2022, the WGAD issued an opinion that found that Abdurashid Tohti, Tajigul Qadir, Ametjan Abdurashid and Mohamed Ali Abdurashid had been arbitrarily detained. The Chinese government refused to provide any information about the detention and or of any legal proceedings against them, and the WGAD was “disturbed at the total secrecy which appears to surround the fate and whereabouts” of the four people.

In Tibet, the Panchen Lama, Gedhun Choekyi Nyima, has been missing since May 17, 1995.  In 2022, UN human rights experts have raised their concerns regarding the arrest, detention and subsequent enforced disappearance of Tibetan writer Mr. Lobsang Lhundup (pen name of Dhi Lhaden), musician Mr. Lhundrup Drakpa, and teacher Ms. Rinchen Kyi, in connection with their cultural activities advocating for Tibetan language and culture. Dhi Lhaden and Rinchen Kyi were subsequently released.

On August 10, UN experts urged Chinese authorities to provide clarification on the situation regarding nine imprisoned Tibetan environmental human rights defenders, including information about why they were imprisoned, where they were detained, and their current health conditions. The nine defenders are Anya Sengdra, Dorjee Daktal, Kelsang Choklang, Dhongye, Rinchen Namdol, Tsultrim Gonpo, Jangchup Ngodup, Sogru Abhu and Namesy. 

Disappearances as a form of governance [see also: https://humanrightsdefenders.blog/2022/08/31/enforced-disappearances-in-china/]

Even powerful and famous people in China are not immune to becoming victims of disappearances: 

..

More broadly, the Chinese authorities appeared to have increasingly adopted disappearances as a form of governance. In 2012, the government amended the Criminal Procedure Law to allow for the police to hold suspects in non-detention facilities for up to six months, depriving those investigated for national security crimes of access to lawyers, family members, or other detainees – a practice known as “residential surveillance in a designated location” (RSDL). The government continues to use RSDL, despite numerous UN independent experts urging its abolition because it is a form of secret detention and enforced disappearance, and therefore incompatible with China’s human rights obligations and despite countless cases of torture and other ill-treatment occurring in RSDL having been exposed. 

In 2018, the National Supervision Law created a “retention in custody” (or liuzhi) system to subject Chinese Communist Party members and public employees to incommunicado detention for up to six months for disciplinary infractions and alleged dereliction of duty, including, but not limited to, corruption. The system is run by a non-judicial, non-law enforcement body, the National Supervision Commission (NSC) and precedes formal detention and arrest. 

As humanity approaches the 75th anniversary of the Universal Declaration of Human Rights (UDHR), we urge the Chinese government to take seriously the fundamental principles of human rights enshrined in the UDHR.

Unconditionally and immediately free Gao Zhisheng, and all others who are victims of enforced disappearance, and pending that release, allow for Geng He and other family members as well as Gao Zhisheng’s lawyers to communicate with him through in-person visits and/or videoconferencing.

Provide other relatives of those detained or disappeared with detailed information about their status and well-being.

End the practice of enforced disappearance, which gravely impacts some of the core rights articulated in the UDHR, such as the right not to be subjected to torture, the right not to be subjected to arbitrary arrest or detention, and even the right to life. 

Abolish RSDL (Articles 72-75 of the Criminal Procedure Law) and liuzhi (Article 22 of the National Supervision Law), and any other laws and regulations providing for practices tantamount to enforced disappearance.

Cosigned by, in alphabetical order:

ARTICLE 19

Campaign For Uyghurs

China Aid

China Against the Death Penalty (CADP)

Chinese Human Rights Defenders (CHRD)

Christian Solidarity Worldwide (CSW)

Committee for Freedom in Hong Kong Foundation

Dialogue China

European Criminal Bar Association 

FIDH – International Federation for Human Rights

Freedom House

Friends of Falun Gong (FoFG)

Front Line Defenders

Hans Gaasbeek, Coordinator of the Foundation Day of the Endangered Lawyer

Human Rights in China (HRIC)

Human Rights Now

Humanitarian China

International Association of People’s Lawyers (IAPL) Monitoring Committee on Attacks on Lawyers

International Observatory for Lawyers in Danger (OIAD) 

International Service for Human Rights (ISHR)

Judicial Reform Foundation

Lawyers’ Rights Watch Canada 

New School for Democracy Association

PEN America

PEN International

Safeguard Defenders

Symone Gaasbeek-Wielinga, President of the Dutch League for Human Rights

Taipei Bar Association Human Rights Committee 

Taiwan Bar Association Human Rights Protection Committee

Taiwan Support China Human Rights Lawyers Network

Tencho Gyatso, President of The International Campaign for Tibet 

Tibetan Centre for Human Rights and Democracy 

The Rights Practice

The World Uyghur Congress (WUC)

Uyghur Human Rights Project (UHRP)

https://www.frontlinedefenders.org/en/statement-report/release-human-rights-lawyer-gao-zhisheng-and-end-practice-enforced-disappearances

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New wave of repression against human rights lawyers unleashed in China

July 12, 2023

In a joint statement published today, over 60 human rights organisations {such as the ISHR}, bar associations, scholars and Chinese human rights activists in exile urge global attention to the Chinese government’s new wave of repression against human rights lawyers unfolding over the past three months.

Human rights lawyers are a cornerstone of China’s human rights movement. From Uyghurs, Tibetans and Hong Kongers, to religious minorities, LGBTQI and feminist advocates, journalists, and political dissidents: human rights lawyers defend the full spectrum of civil society. They accompany and empower the most vulnerable against land evictions, discrimination, health scandals, or extra-legal detention. They embody the promise of rule of law and hold the government accountable to its commitments under China’s constitution, laws, and the international human rights treaties it has ratified. They ensure that no one is left behind.

As a result of this work, for many years and particularly since the round-up of over 300 human rights lawyers and legal assistants in the days following July 9, 2015 – an episode known as the 709 crackdown -, this profession has been ‘effectively criminalised in China,’ according to UN experts.

This year alone, Chinese authorities have passed harsh sentences on national security grounds of ‘subversion of State power’ against three lawyers who had attended a private gathering: Xu Zhiyong (14 years), Ding Jiaxi (12 years) and Chang Weiping (3.5 years). [see: https://humanrightsdefenders.blog/2023/04/11/xu-zhiyong-and-ding-jiaxi-two-human-rights-defenders-in-china-sentenced/]Xu’s partner, feminist activist Li Qiaochu was also recently put on trial behind closed doors, being denied both a lawyer and access to healthcare.[see also: https://www.netherlandsandyou.nl/latest-news/news/2022/12/09/index]

Previously, lawyer Yu Wensheng – recipient of the 2021 Martin Ennals Award for Human Rights Defenders – and his wife Xu Yan had also been arrested on their way to the Delegation of the European Union in Beijing, over a year after Yu’s release. See: https://www.trueheroesfilms.org/thedigest/laureates/69fc7057-b583-40c3-b6fa-b8603531248e

China’s abuse of national security to target lawyers has been growingly mimicked in Hong Kong, where Chow Hang-tung and Albert Ho are awaiting trial under the territory’s overbroad National Security Law.

Beyond arrests, authorities are also increasingly using travel bans and enforced disappearances – including through a criminal procedure known as ‘Residential Surveillance at a Designated Location’ (RSDL) – to intimidate and silence human rights lawyers. Lawyer Li Heping and his family were intercepted at Chengdu airport in June this year, while lawyer Tang Jitian was detained for 398 days for attempting to attend a Human Rights Day celebration in December 2021. For RSDL, see: https://humanrightsdefenders.blog/tag/residential-surveillance-at-a-designated-location-rsdl/

Released lawyers increasingly face disbarment, while their relatives, including underage children, are subjected to unrelenting harassment from the authorities. In recent months, Beijing-based lawyer Wang Quanzhang and his family have been forced to move 13 times, reporting constant threats and repeated cuts to their gas and electricity supply.

‘Human rights lawyers are one of the last avenues left to Chinese citizens seeking justice for the trampling of their most basic rights. Without sustained global pressure, the government will ramp up its campaign to imprison, disbar or silence these critical advocates for a more equal, just and rights-respecting China.‘

Raphael Viana David, ISHR’s China Programme Manager

Detained human rights lawyers are constantly subject to physical and psychological torture and ill-treatment in pre-trial detention and prison. They are routinely denied contact with their relatives and access to medical care, despite critical health issues. The government impedes family-appointed lawyers from accessing court documents and representing victims, instead imposing government-appointed lawyers whose identities are not disclosed or refuse to communicate with relatives. Detained lawyers are often convicted during sham closed-door trials, without notification to families nor disclosure of court verdicts for prolonged periods.

My husband Ding Jiaxi and his colleagues always fought for what’s right, despite knowing they risked being disappeared, tortured, disbarred. Their bravery is only equalled by their moral commitment to defending the rights of the most vulnerable, enshrined in China’s constitution and international treaties. Their sacrifice cannot be in vain: governments should stand with China’s human rights lawyers.

Sophie Luo Shengchun, human rights activist and wife of Ding Jiaxi

The UN Working Group on Arbitrary Detention has determined that China has a ‘systemic problem with arbitrary detention which amounts to a serious violation of international law.’

Against this new wave of repression, which has been known as the ‘709 crackdown 2.0’, the 63 signatories call on the international community to urge the Chinese government to:

  • Put an end to its crackdown on human rights lawyers and defenders;
  • Immediately and unconditionally release all those arbitrarily detained;
  • Amend laws and regulations, including national security legislation, its Criminal Law and Criminal Procedure Law, to bring them into full compliance with international human rights standards; and meaningfully cooperate with the United Nations human rights bodies to that end.

Full statement here in English and Chinese

https://ishr.ch/latest-updates/china-unleashing-new-wave-of-repression-against-human-rights-lawyers-global-response-needed/

https://thediplomat.com/2023/07/8-years-after-709-persecution-of-chinese-human-rights-lawyers-continues/

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Yu Wensheng and Xu Yan detained again in China

April 24, 2023

On 18 April 2023 CHRD called on the Chinese government to immediately release human rights lawyer Yu Wensheng and his wife Xu Yan, who have been criminally detained and denied access to lawyers of their choice. CHRD also calls on the Chinese government to end its de facto house arrest of Yu Wensheng and Xu Yan’s 18-year-old son. CHRD urges the EU, EU member states, the US, UN bodies, and other member of the international community to forcefully condemn the Chinese government’s detention of Yu Wensheng and Xu Yan. See also: https://humanrightsdefenders.blog/2022/03/03/breaking-news-mea-laureate-yu-wensheng-released/

On April 13 at approximately 4:00 pm, human rights lawyer Yu Wensheng and his wife Xu Yan left their home in Beijing to travel by subway to attend an event at the European Delegation. They were invited to an event with the EU’s Ambassador to China Jorge Toledo Albiñana according to Politico.  

However, Yu and Xu were prevented from accessing the subway by four plainclothes police officers. One of the officers, a state security police officer, told them that they were being summoned to a police station, which Yu Wensheng announced on Twitter. The four police officers took them to the Shijingshan Bajiao police station. Human rights lawyers Wang Quanzhang, Li Heping, and Bao Longjun were also harassed by authorities during this period.

The EU Delegation to China tweeted on April 13, “We demand their immediate, unconditional release. We have lodged a protest with MFA [China’s Ministry of Foreign Affairs] against this unacceptable treatment.”

According to Rights and Livelihood Watch, on April 15 in the evening, approximately seven police officers came to Yu Wensheng and Xu Yan’s home, and they orally read a criminal detention notice to the couple’s son, who had just turned 18 years old. The pair were criminally detained on the charge of “picking quarrels and provoking trouble.” Police would not allow the son to take photos, nor would they give him the criminal detention notice. Also, even though no warrant was presented, police proceeded to search the home and carried off many items.

On April 16, two lawyers, Song Yusheng and Peng Jian, paid a visit to Yu and Xu’s son to bring him fruit, and fill out paperwork to obtain legal status to represent Yu and Xu.  There were two people guarding the door of Yu and Xu’s home. Lawyer Song knocked on the door, and it was answered by the son, but the lawyer saw that in the home there were also two officers inside, one plainclothes and one wearing a uniform. The plainclothes officer, who said his name was Lu Kai, asked what they wanted. The lawyers said that they were there to visit the son and have him sign an agreement (委托书) to entrust them as lawyers. However, the plainclothes police officers said that Yu Wensheng told them that he “doesn’t want to have lawyers at this stage” and that Xu Yan had already found two lawyers.

Yu Wensheng’s detention may also be related to his condemnation of the sentencing of Xu Zhiyong and Ding Jiaxi, two prominent pro-democracy figures. On April 12, Yu Wensheng wrote on Twitter that he had been visited at his home by Shijingshan police for a tweet he had sent out on April 9 that said, “[I] strongly condemn the Chinese authorities heavy sentence of scholar Xu Zhiyong to 14 years and of Lawyer Ding Jiaxi to 12 years! I pay my respects to Xu Zhiyong and Ding Jiaxi, who have worked hard in the struggle for freedom, democracy, human rights, and the rule of law. I believe that one day the Dream of a Beautiful China will be realized.”

In March 2022, Yu Wensheng was released from prison after serving four years and three months on the charge of “inciting subversion of state power.” Yu was taken away by police in 2018 the day after he released an open letter recommending changes to China’s Constitution, including a call for elections and the creation of an oversight system for the Chinese Communist Party.

The Chinese government has put heightened pressure on human rights award winners. Yu Wensheng was the recipient of the prestigious Martin Ennals Award in 2021 [see: https://www.trueheroesfilms.org/thedigest/laureates/69fc7057-b583-40c3-b6fa-b8603531248e] and the winner of the Franco-German Prize for Human Rights and the Rule of Law in 2018. Previous winners of awards have been subjected to extra-legal abuse. While Nobel Peace Prize Laureate Liu Xiaobo was at one point granted “medical parole,” he was not allowed the freedom of movement to seek medical treatment outside of China and died in de facto state custody. Likewise, Hu Jia, a prominent human rights defender and winner of the Sakharov Prize for Freedom of Thought in 2008, was prevented from seeing his dying father in his final days. Hu Jia was deprived of his liberty and “forcibly traveled” starting from March 4 of this year. Being “traveled” is a common tactic used by state security officers to ensure journalists at the annual March Two Sessions meetings or other “sensitive” political events do not talk to dissidents. Hu Jia’s father passed away from pancreatic cancer on March 9, 2023. 

The Chinese government is preventing defendants in sensitive cases from having lawyers of their own choice and instead mandating government-approved lawyers in order to prevent real legal defense. On February 10, 2023, digital rights activist Ruan Xiaohuan was sentenced to seven years in prison on the charge of “inciting subversion of state power.” His wife, Ms. Bei, wanted to hire an experienced lawyer for the appeals stage, and so she went to Beijing to talk with Shang Baojun. However, upon landing in Beijing, she was taken away by eight Shanghai police. Meanwhile lawyer Shang Baojun tried to visit Ruan at the Yangpu Detention Center in Shanghai, but staff there would not allow for the visit since they claimed that Ruan already had two legal aid lawyers. 

https://www.feedspot.com/fo/2238712/fe/4614987?hash=feed/fof_fo_2238712__f_4614987?dd=7644857710522777

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US Law firms receive Frankel Award for Pro Bono Service

September 1, 2022

On 31 August 2022 Human Rights First announced that three law firms will be honored with the Marvin E. Frankel Award for Pro Bono Service: Greenberg Traurig LLP, Latham & Watkins LLP, and Morrison Foerster. The Frankel Award is presented annually to law firms that demonstrate outstanding commitment to pro bono service, helping Human Rights First achieve justice for refugees in the United States.

“Over the past year, pro bono attorneys around the country have stepped up in historic numbers to represent refugees fleeing Afghanistan, the Russian invasion of Ukraine, and the many other conflicts and human rights abuses that occur around the world,” said Jenna Gilbert, Director of Refugee Representation, at Human Rights First. “The law firms we honor with this year’s Marvin E. Frankel Award have demonstrated their commitment as extraordinary leaders in pro bono during this challenging period. Thanks to their tireless work, they have changed lives and provided asylum seekers with the legal protections they deserve to feel empowered in their new communities.”

The award is named for Judge Marvin E. Frankel, co-founder and former chairman of Human Rights First. During his lifetime, Judge Frankel was a champion for the human rights movement and understood the critical impact pro bono representation can have on the lives of clients and lawyers. Under his guidance, Human Rights First developed a nationally recognized pro bono representation program that is now one of the largest of its kind in the country.

In 2021, HRF’s refugee representation team partnered with 2,139 pro bono attorneys across 175 law firms, corporations, and law school clinics to provide standard-setting, life-saving legal representation to asylum seekers from around the world.

https://www.humanrightsfirst.org/press-release/human-rights-first-honors-three-law-firms-2022-marvin-e-frankel-award-pro-bono-service

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The Arabic Network for Human Rights Information has shut down

January 11, 2022

On 10 Jan 2022 one of Egypt’s last independent human rights organisations has closed down, according to a statement by the group, citing government persecution. See: https://www.trueheroesfilms.org/thedigest/laureates/C6490073-ED93-793A-C5DB-3C931BB470D3

Egypt’s government has engaged in a widespread crackdown on dissent for years that has stifled many of the country’s civil society groups and jailed thousands

The Arabic Network for Human Rights Information [ANRI], an Egyptian organisation, was founded in 2003 by a team of lawyers and activists. It documented violations against citizens, journalists and political prisoners in Egypt and the region. It also followed the increasing government intimidation and targeting of human rights workers and others. But laws that made many of ANHRI’s operations illegal have forced the organisation to shut down, Executive Director Gamal Eid said in the statement on Monday. See e.g. https://humanrightsdefenders.blog/2019/12/31/egyptian-human-rights-defender-gamal-eid-assaulted/. As a lawyer, Eid represented some of the most prominent secular detainees. A court ordered his assets frozen and has banned him from travelling since 2016.

He said the group’s workers had been arrested, intimidated and physically assaulted by security forces.

“We continue to be lawyers who have a conscience, and as individual, independent human rights defenders will work side by side with the few remaining independent human rights organisations, independent human rights defenders and the entire movement calling for democracy,” he wrote.

https://www.aljazeera.com/news/2022/1/10/egypt-leading-rights-group-closes-citing-government-persecution

https://www.washingtonpost.com/world/egyptian-rights-group-closes-cites-government-persecution/2022/01/10/7348be54-7226-11ec-a26d-1c21c16b1c93_story.html

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The 3 nominees for the 2021 Tulip are known

November 22, 2021

The Netherlands ministry of foreign affairs sponsors since 2008 a human rights award, the Tulip [for more information on this award and its laureates, see: https://www.trueheroesfilms.org/thedigest/awards/D749DB0F-1B84-4BE1-938B-0230D4E22144]

A committee of 5 human rights experts has selected a shortlist of 12 human rights defenders from among the nominees for 2021; since then an independent jury composed of 5 members has select 3 candidates from this shortlist. The Minister of Foreign Affairs will now choose a winner from the three remaining candidates:

Human rights activist and lawyer in Uganda

As a child, he grew up in the epicentre of a brutal war between the Lord Resistance Army and government forces. Today, working as a human rights lawyer, he is being threatened, spied on and shadowed. This is his story.

Nicholas Opiyo
Nicholas Opiyo.

As a human rights lawyer, Ugandan Nicholas Opiyo is not afraid to take on sensitive cases. He challenged the law that gave the police the right to ban public gatherings. He led the campaign for the enactment of a law criminalizing torture and drafted the initial bill that was enacted by parliament in 2012. He, alongside other brave Ugandan activists, successfully challenged Uganda’s anti-gay law in 2014. He has provided legal representation to the gay community in Uganda.

Nicholas is executive director of Chapter Four Uganda, an NGO that works to protect civil liberties and improve universal observance of human rights. He defends human rights activists who are being persecuted in Uganda. He also stands up for people who are in trouble with the government and lack the resources to defend themselves. See: https://www.trueheroesfilms.org/thedigest/laureates/6743A94B-BA1A-AA2A-AC6C-592EBD981EDA

Surviving war

Nicholas grew up on the outskirts of the northern Ugandan city of Gulu. His village was repeatedly attacked by the Lord’s Resistance Army (LRA), a rebel group that used child soldiers. Unlike many young people abducted into the ranks of the rebels, he survived abductions.  The rebels kidnapped his father and sister, who managed to return after several months in captivity. To avoid being kidnapped, Nicholas walked several kilometres every day so he could sleep in the city. It was safer in a church compound or on the pavement in front of shops than in his village.

Government soldiers detained Nicholas’ father as part of an operation to eliminate traitors. The soldiers took all men 18 and older to a stadium where they were held for days without food. Looking through a crack in the stadium wall, Nicholas could see his father being beaten. Nicholas’ father was released after three days because he was innocent. Unable to forget these events, Nicholas decided to become a lawyer. ‘First I wanted to be a journalist so I could speak about [mistreatment],’ he said in an interview met Buzzfeed News. ‘But I thought … I can go to court and change things.’ 

Nicholas’ work often gets him in trouble with the state. He is being threatened, spied on and shadowed. In December 2020, in the run-up to the elections, he was arrested and imprisoned. Although he was charged with money laundering, the government presented no evidence. He spent Christmas and New Year’s Eve in jail. Human rights activists see the charges against Nicholas as a way to hinder his work as a human rights lawyer. Even in jail, he used his time to talk to prisoners who sought advice. In fact, he says, his arrests give him the energy to do even more. [see also: https://humanrightsdefenders.blog/2020/12/23/ugandan-human-rights-defender-nicholas-opiyo-arrested-like-a-criminal/]

Nunca Más: they had to flee from Nicaragua, but their struggle continues

Banished from Nicaragua, a target of cyberattacks: despite all these setbacks, the activist collective Nunca Más is continuing to work for human rights in Nicaragua. This is their story.

Nunca Más
Nunca Más.

‘When Daniel Ortega became president of Nicaragua, his supporters said that there was no longer any reason for us to exist. That human rights work in Nicaragua was a thing of the past. But that can never happen! Anyone who exercises power is capable of abusing it.’ So said human rights defender Gonzalo Carrión Maradiaga in an interview with the Nicaraguan magazine Envío. For 14 years he had been legal adviser of the Nicaraguan Center for Human Rights (CENIDH), which combats impunity and human rights violations.

In December 2018 the Ortega government closed CENIDH by force. The human rights defenders on its staff were expelled from Nicaragua. Gonzalo and his colleagues fled to Costa Rica, where they continued their work and in 2019 founded Nicaragua Nunca Más. Nunca Más reports on torture and other human rights violations in Nicaragua, in the interests of justice and to discourage new violations. They offer legal and psychosocial support to victims and their family members, journalists and human rights defenders, and conduct human rights training courses. They also work at international level on behalf of victims of human rights violations. At the moment, justice cannot be sought through the Nicaraguan legal system, as it is under influence of the president. Nonetheless, gathering evidence is crucial to ensure justice for human rights violation in the future.   

It was not easy to make a fresh start in a new country, but the founders of Nunca Más have managed to recover. Between 2019 and 2021 the group documented over 400 cases of serious human rights violations. The collective has now issued five reports, including information on victims who have been tortured, humiliated and arbitrarily imprisoned. The reports also contain information about extrajudicial executions and denial of the right to organise. Such reports are crucial in the absence of free press.

Under pressure

The Nicaraguan government have not been pleased with Nunca Más’ reports, and are subjecting the organisation to severe pressure. Its website has been the target of repeated cyberattacks. Extra digital security measures have enabled the collective to safeguard personal data and sensitive digital information. Despite these difficult conditions, including being forced to live far from their familiar surroundings, its human rights defenders are persisting bravely with their struggle. Gonzalo has not seen his wife or one of his daughters for 18 months. ‘But the time will come. One day I’ll go back,’ he said resolutely in the interview with Envío.

It was not easy to make a fresh start in a new country, but the founders of Nunca Más have managed to recover. Between 2019 and 2021 the group documented over 400 cases of serious human rights violations. The collective has now issued five reports, including information on victims who have been tortured, humiliated and arbitrarily imprisoned. The reports also contain information about extrajudicial executions and denial of the right to organise. Such reports are crucial in the absence of free press.

Mari Davtyan, lawyer in Russia, opposes domestic violence

The Russian police do not always respond to domestic violence complaints. Sometimes their failure to act has fatal results. Lawyer Mari Davtyan has been working for years now to change this situation. This is her story.

Mari Davtyan
Mari Davtyan.

In December 2017 Margarita Gracheva’s husband chopped her hands off with an axe. She had asked the police for help several times in the preceding months – in vain. Mari Davtyan was Margarita’s lawyer. Now Mari is working on the case of three teenage sisters who killed their father on 28 July 2018, when they could no longer bear his many years of physical and sexual abuse. Their mother had reported the violence to the police, but was ignored. Domestic violence is seen in Russia as a ‘family issue’, and outside interference is viewed as meddling, Mari noted in an interview with Voice of America. Mari’s strong defence for the teenage sisters has sparked a debate in Russian society on domestic violence and conservative family values.

Since 2017 domestic violence is no longer a serious offence in Russia, but a misdemeanour. Perpetrators are fined, have to do community service or are served with a training order. They are only taken to court in cases of repeated violence or serious injuries. This law is meant to preserve the ‘unity of the family’; according to this logic, fathers don’t belong in jail. Mari has been fighting for years now to change this law, ‘because it has been proven dangerous for the safety of thousands of women in Russia’, Mari said in an interview with Marina Pisklakova-Parker of the Anna Center in Moskou. Fighting and winning cases like this has ‘helped the government understand that we are not dealing with violence in the right way,’ said Mari in an interview with the Washington Post. Growing numbers of people are putting pressure on the courts and government to reflect on how they are treating victims.

Mari is also the head and legal expert of the Consortium of Women’s NGOs, which works to protect victims of domestic violence in Russia. The organisation gives courses on women’s rights to lawyers and the police and helps victims with their legal cases. ‘We have more than 100 lawyers working with us today, this year we have more than 150 cases, and I think about 1,000 consultations with individual women,’ said Mari in an interview with the European Human Rights Advocacy Centre (EHRAC). She sees that women are becoming more confident and more often have the courage to seek her out. ‘They are finding the power to ask for help and they’re starting to understand what a healthy relationship should look like,’ she said in her interview with Voice of America.  

https://www.government.nl/topics/human-rights/weblog

https://www.government.nl/topics/human-rights/human-rights-tulip/shortlist-of-candidates-for-human-rights-tulip-2021

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