Posts Tagged ‘human rights lawyers’

The Plight of China’s Human Rights Lawyers Worsened

January 19, 2015

Under the title “The Plight of China’s Rights Lawyers” Frances Eve, in Chinafile of 16 January 2015, has made an excellent compilation of the travails of the Chinese human rights lawyers in 2014. It was one of the worst years for civil society and human rights defenders in particular.

Pu Zhiqiang, center, pictured in 2011 talking with the media while he was serving as artist Ai Weiwei’s lawyer – Peter Parks/AFP/Getty Images

At least 9 lawyers either are currently facing criminal charges or began serving prison sentences in 2014: Ding Jiaxi, Pu Zhiqiang, Qu Zhenhong, Tang Jingling, Xia Lin, Xu Zhiyong, Yu Wensheng, Chang Boyang and Ji Laisong (the last 2 now released). The unprecedented scale of criminal prosecution against rights lawyers sharply contradicts the goal of “governing the country by law,” which was proclaimed at October’s Fourth Plenum meeting. Here the whole piece for those interested:

“As the year came to a close, at least seven prominent Chinese human rights lawyers rang in the New Year from a jail cell. Under President Xi Jinping, 2014 was one of the worst years in recent memory for China’s embattled civil society. Bookending the year were the cases of two prominent legal advocates: in January, Xu Zhiyong was sentenced to four years imprisonment for his moderate criticism of government policy and leading the “New Citizens’ Movement,” a group advocating for political reforms in China. Outspoken free speech lawyer Pu Zhiqiang, who turns 50 tomorrow, has spent the past six months in detention as authorities continue to build a case against him.

The past year has been distinctly bad for a band of crusading lawyers, who for the past decade or so, since their movement first emerged, have described their mission asweiquan, “safeguarding rights.” According to several Chinese rights lawyers, more members of their ranks—which have grown from just a handful to over 200—are currently in detention than at any time since 2003, when lawyers involved in this kind of work first began to face criminal detention.

Among the first to be arrested was Gao Zhisheng, a feisty and outspoken defender of everyone, from factory workers and peasants to journalists and underground Christian and Falun Gong practitioners, who was sentenced to three years in 2006 on the politically motived charge of “inciting subversion of state power.” Suspending his sentence, authorities instead held Gao several times in detention incommunicado—where he was brutally tortured—until 2011, when judges ordered Gao to be sent to prison for “violating” his parole. Gao, who was released into a form of house arrest in August 2014, was a prominent case, yet imprisoning lawyers was still unusual at the time. Since then, rights lawyers who have taken on cases involving politically “sensitive” issues have increasingly faced threats, harassment, administrative punishments, the revocation of their law licenses, and, as in a few widely publicized cases, disappearance and eventorture.

But since President Xi Jinping came to power, the government’s war on rights lawyers has escalated. At least nine prominent lawyers either are currently facing criminal charges or began serving prison sentences in 2014: lawyers Ding Jiaxi, Pu Zhiqiang, Qu Zhenhong, Tang Jingling, Xia Lin, Xu Zhiyong, and Yu Wensheng, as well as Chang Boyang and Ji Laisong who were both released on bail awaiting trial after months in detention. The unprecedented scale of criminal prosecution against rights lawyers sharply contradicts the goal of “governing the country by law,” which was proclaimed at October’s Fourth Plenum meeting, a gathering of senior Chinese Communist Party leaders.

A student leader in the 1989 pro-democracy movement, Pu Zhiqing had gone on to represent several high profile free-speech cases, including an anti-defamation ruling in favor of the magazine China Reform in 2004 and a much heralded defence of the authors of a widely read exposé of rural corruption. More recently, he defended activist artist Ai Weiwei and petitioner Tang Hui—who was sent to a re-education through labor (RTL) camp for petitioning for stronger punishment for her daughter’s rapists—in a case which garnered widespread public sympathy. State media evenfeatured Pu in reports on RTL, an unusual platform for a government critic. But now Pu has been detained on charges of “creating a disturbance” and “illegally obtaining personal information” after attending a seminar in May discussing the June Fourth Massacre. Police later tacked on additional charges of “inciting ethnic hatred” and “inciting separatism,” reportedly over a blog post Pu had written criticising the government’s version of the Kunming knife attack in March 2014. Lawyer Qu Zhenhong, who initially served as Pu’s lawyer, was arrested in June in connection with his case.

Tang Jingling, arrested after taking part in a commemorative “June Fourth Meditation” last summer, was a lawyer who defended victims of government land grabs, counterfeit medicine, and village corruption until authorities refused to renew his law license in 2006. He then became a “citizen representative,” continuing to give legal assistance, and later a member of a non-violent civil disobedience movement that works on labor rights, the hukou system, and equal education. At the end of the year, Guangzhou police transferred Tang’s case to the local prosecutor, an indication that he may be indicted and tried soon. If convicted, Tang faces a lengthy prison sentence for “inciting subversion of state power.” Meanwhile, his wife has faced harassment forspeaking out on his case.

In November, authorities arrested two lawyers, Yu Wensheng and Xia Lin, after they were hired by families to represent activists detained for expressing support for the protests in Hong Kong. Yu faces a charge of “creating a disturbance” and Xia, a former member of Pu Zhiqiang’s legal team and partner at Pu’s Huayi Law Firm, is accused of committing fraud. Those imprisoned last year include the lawyer Ding Jiaxi, who is serving a 42-month sentence after demanding government transparency and anti-corruption measures with the New Citizens’ Movement, alongside Xu Zhiyong, whose advocacy and election to his district’s People’s Congress made him another former darling of the Chinese press. Xu missed the birth of his daughter while he awaited his January trial.

While incarcerated, these lawyers have all been granted only limited access to their attorneys. The PRC Law on Lawyers (2007) authorizes lawyers to meet with their clients starting on the very day when they are put under detention, as does China’s Criminal Procedure Law. But, according to lawyers and family members of detainees, such provisions are rarely respected on the ground and often overridden by local administrative or Party orders, especially in political cases.

Family members of the jailed lawyers have reason to fear, since rights lawyers are no strangers to torture in detention and police brutality. Tang Jingling told his lawyer he was assaulted at Guangzhou No. 1 Detention Center, and in an open letter to Xi Jinping Pu Zhiqiang’s wife decried the “inhumane mental and physical torment” her husband has been subjected to at the Beijing No. 1 Detention Center. In Heilongjiang province in March, four lawyers were taken into custody and severely beaten after they requested to meet with their clients; according to their family members, the four suffered 24 broken ribs among them. Gao Zhisheng suffered such ill-treatment in prison that he lost almost all his teeth and remains very frail.

China’s leaders are far from governing the country under a system based on the rule of law. Instead, they are paying lip service to the idea in order to give legitimacy to the Communist Party’s rule while building a legal system that serves their political interests. This includes manipulating the criminal justice system to silence dissent and rein in human rights lawyers who push for judicial independence, fair trials, and protection of their clients’ legal rights. Chinese law bars a convicted lawyer from practising law for good. This is at the heart of what makes the currently growing trend of criminalizing rights lawyers particularly troubling.

Allowing lawyers and the judiciary to carry out their work without political interference is a key indicator of a country’s success in promoting rule of law. In November, China’s nominal legislative body, the National People’s Congress, posted online for “public consultation” several amendments to the country’s Criminal Code. Among these draft amendments is Article 35, which would revise the Criminal Law on the disruption of court proceedings by giving authorities overly broad powers to interpret speech in court as insulting, threatening, or disruptive and includes the vague provision prohibiting “anything else that seriously disrupts court proceedings.” The effect of these changes would be to criminalize lawyers’ speech during trials if they challenge the court, punishable by up to three years in prison. More than 500 rights lawyers across China have signed an open letter to the NPC, demanding they drop this amendment as it runs “counter to the direction of judicial reform.”

China’s embattled rights lawyers, however, have refused to be coerced into submission. On the contrary, they are increasingly challenging authorities for failing to practice the respect for the law that they preach. More young lawyers are joining the movement. Trained professionals, they strongly believe that all suspects should be afforded a fair and public trial, and they see no reason why ruling élites should be above the law. Many are paying a heavy price, but see it as a part of the struggle for a “better future.” Facing the charges against him, Pu Zhiqiang is fully aware of what awaits him. As he said to his lawyer from jail: “If we lose, I probably can’t be a lawyer after I get out, so what can I be?”

The Plight of China’s Rights Lawyers | ChinaFile.

Human rights lawyer Kudratov in Tajikistan sent 9 years to penal colony

January 13, 2015

On 13 January Asia-plus reported that a court in Dushanbe, Tajikistan, sentenced Sukhrat Kudratov to nine years in a penal colony for bribery and fraud. Kudratov’s real crime, it appears, was defending opposition activist Zaid Saidov in 2013.  Last year, another one of Saidov’s lawyers, Fakhriddin Zokirov, was arrested on forgery charges. He was released after eight months on the promise he would no longer defend Saidov. Steve Swerdlow of Human Rights Watch called Kudratov’s jailing “a serious setback for the freedom of expression and the independent legal profession in Tajikistan.”

At the time of the arrest, Frontline Defenders called him “one of few lawyers in Tajikistan who defends opposition activists, victims of police torture, and those accused of ‘religious extremism“. Dushanbe-based Bureau for Human Rights and Rule of Law named Kudratov their human rights defender of the year in 2011.

Tajikistan Jails Prominent Human Rights Lawyer | EurasiaNet.org.

Russia: Grozny Office of Joint Mobile Group, Russian MEA Laureate 2013, burnt and staff threatened

December 14, 2014

Igor Kalyapin at Press ConferenceAFP, Front Line, Human Rights Watch’  Moscow office report that the office of the Joint Mobile Group (JMG) in Grozny, Chechnya, was torched after they criticised the Kremlin-supported Chechen leader, Ramzan Kadyrov, who had called for collective punishment against families of Islamist insurgents (such as burning their houses). It is only the latest chapter in years of harassment and murder of human rights defenders investigating torture, kidnapping and war crimes in Chechnya. Read the rest of this entry »

Special Rapporteur in Burundi: respect the work of Human Rights Defenders like Mbonimpa!

November 25, 2014

(Independent Expert on Human Rights Michel Forst. Photo: Jean-Marc Ferré)

On 25 November 2014 the United Nations Special Rapporteur on the situation of human rights defenders, Michel Forst, expressed regret today that defenders in Burundi are deemed to be political opponents, saying that in reality they are activists working to promote and protect human rights and civil liberties. In a press release issued by the UN Office of the High Commissioner for Human Rights, Michel Forst, emphasized that threats and defamation campaigns by certain media outlets weigh on human rights defenders, who also report a high number of cases of physical threats, anonymous phone calls, assaults, arbitrary arrest and judicial harassment.

Read the rest of this entry »

UN General Assembly votes today on Iran: Joint appeal by NGOs

November 18, 2014

Today – 18 November 2014 – the General Assembly is due to vote on a Resolution concerning Iran. Although the human rights situation in Iran has shown some slight improvements since Rouhani became president, it seems that hardliners keep firm control over the judiciary and thus over the life and well-being of human rights defenders. Also Iran continues to deny access to the UN Special Rapporteur on Iran. The Joint Letter to the Member States of the UN General Assembly signed by numerous NGOs makes the point quite clearly:

see also: https://thoolen.wordpress.com/tag/iran/

Text of Letter:

Your Excellency:

We, the undersigned human rights and civil society organizations, write to urge your government to vote in favor of Resolution A/RES/69/L on the promotion and protection of human rights in the Islamic Republic of Iran. This vote will take place during the 69th session of the United Nations General Assembly, scheduled to take place in the Third Committee this Tuesday, 18 November 2014.

This resolution provides a crucial opportunity to reiterate ongoing human rights concerns identified by members of the international community and Iranian civil society. Sixteen months into the presidency of Hassan Rouhani, who won the election after promising to improve the human rights situation, those living in Iran continue to suffer violations at the hands of the authorities. Indeed, during last month’s Universal Periodic Review (UPR) of Iran at the UN Human Rights Council, several UN member states expressed dismay at Iran’s lack of progress over the last four years, including on many of the recommendations Iran had accepted during the first UPR cycle in 2010.

Human rights abuses are deeply rooted in Iran’s laws and policies, both of which pose serious obstacles for much-needed rights reforms to take place. On 28 October 2014, the UN Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, Dr. Ahmed Shaheed, reported that human rights in the country “remain of concern” and detailed violations of the rights to life, the rights to freedom from torture and discrimination based on gender, religion, and ethnicity, the rights to education, health, fair trial, freedom of expression, association, assembly, religion and belief, as well as limits on the press. Despite its 2005 standing invitation to the United Nations’ Special Procedures, Iran remains unwilling to accept their repeated requests to visit the country. Furthermore, the authorities have systematically worked to undermine the efforts of civil society in the country to promote and protect international human rights standards.

The continued attention of the international community is required if the Islamic Republic of Iran is to end this pattern of abuse and noncooperation. UN member states must continue to express their concern about these abuses. In doing so, member states provide support to civil society as well as to those in the Iranian government who wish to see improvements in the human rights situation. By voting in favour of the resolution, states will encourage Iran’s government to prioritize human rights and to advance and protect the rights of Iran’s population.

Since the beginning of 2014, Iran has executed at least 600 people. This figure includes juvenile offenders and individuals who may have been executed for peacefully exercising their rights including the rights to freedom of expression, association, and assembly. Death sentences in Iran are often imposed without any regard to internationally prescribed safeguards. Authorities executed Reyhaneh Jabbari on 25 October 2014, despite repeated calls from UN human rights mechanisms, including the Office of the High Commissioner for Human Rights, to stay the execution out of concern that her prosecution had failed to meet international fair trial standards. Moreover, the vast majority of executions in Iran are implemented for offenses, such as drug-related offenses, that do not meet the threshold of the “most serious crimes.” Iranian law maintains the death penalty for consensual sexual relations between adults, including for adultery and same-sex relations, and for financial crimes. Iran continues to execute in public despite calls by the UN Secretary-General on authorities to halt the practice.

Executions based on national security-related charges that may be politically motivated appear to be carried out disproportionately against members of Iran’s ethnic minority communities, including Ahwazi Arabs, Kurds, and Baluchis. Rights groups are concerned about the situation of 33 Sunni Kurds, most of whom are held in Raha’i Shahr Prison in Karaj and face imminent risk of execution. The men were sentenced to death following grossly unfair trials during which basic safeguards, such as the right to defense, were disregarded, in contravention of international fair trial standards.

The Special Rapporteur and human rights organizations continue to express grave concerns for scores of activists, journalists, human rights defenders, women’s rights activists, trade unionists, students, and members of ethnic and religious minorities currently languishing in arbitrary detention. Iranian detainees and prisoners consistently face the risk of torture or other ill-treatment, including prolonged solitary confinement and denial of medical treatment. They are regularly denied access to legal counsel or fair trials. Many detainees are prosecuted under vaguely defined national security charges, which are regularly used to silence peaceful expression, association, assembly, and religious activity. In July 2014, for example, journalist Sajedeh Arabsorkhi began serving a one-year imprisonment sentence on the charge of “spreading propaganda against the system.” It appears that the charge is related to her open letters to her father, Feyzollah Arabsorkhi, a former deputy trade minister and a senior member of a reformist political party, during the time he was imprisoned.

Systematic discrimination against women in law and practice also merits serious concern. In the past few years, the authorities have increasingly put in place discriminatory measures aimed at restricting women’s access to higher education, including gender quotas, and have adopted new population policies resulting in women’s restricted access to sexual health and family planning programs. The authorities continue to persecute those protesting such discriminatory laws and practices, often by accusing them of vaguely worded national security offences. This month, for example, Ghoncheh Ghavami learned of her one-year prison sentence and two-year travel ban by a Tehran court on the charge of “spreading propaganda against the system”. She was arrested after she protested a ban on women watching matches at sports stadium during a game played by Iran’s national volleyball team.

This resolution on the promotion and protection of human rights in Iran of the 69th UNGA is a vital opportunity for the international community to give expression to human rights concerns. The resolution welcomes recent positive statements by Iranian officials, while effectively drawing attention to the broad range of ongoing violations. Moreover, the resolution calls on authorities to cooperate with all UN Special Procedures, including the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran.

Substantive cooperation with UN mechanisms and tangible rights improvements in line with Iran’s international legal obligations are the real measures of progress. By voting in favor of this resolution on 18 November, the UN General Assembly will send a strong signal to the government and all Iranians that the world is invested in genuine human rights improvements in the country.

Letter to the Member States of the UN General Assembly.

Bangladesh Human Rights Defender Adilur accorded more awards

October 29, 2014

Adilur Rahman Khan addresses weeklong IBA annual conference in Tokyo, Japan ended on Friday. Photo: AHRC Press Centre

Adilur Rahman Khan addresses IBA annual conference in Tokyo, Japan. Photo: AHRC Press Centre

Bangladesh human rights defender Adilur Rahman Khan, of the human rights organisation Odhikar, has won the 2014 International Bar Association (IBA) Human Rights Award.

For more on these awards see: http://www.brandsaviors.com/thedigest/awards.
Adilur received the award from IBA President Michael Reynolds at the Rule of Law Symposium held at the conclusion of the IBA Annual Conference in Tokyo, which finished on 24 October. In October 1994, he founded the human rights organisation Odhikar, which has undertaken extensive fact-finding and reporting of human rights violations in Bangladesh. During the presentation of the award, Reynolds said, “Let us be reminded that lawyers play a vital role in promoting justice, human rights and upholding the rule of law, both at home and abroad.  May Mr Khan’s courage, determination and resilience be an inspiration to lawyers everywhere.”In his acceptance speech, Adilur told the 200 delegates gathered at the Symposium, ‘The Rule of Law is under serious threat in my country. Justice for all the ongoing gross human rights violations is inaccessible for victims and their families.  Their right to access to complaint mechanisms is denied, regardless of whatever is written in the laws or the Constitution of the country”. Repressive laws are in force and the independence of the judiciary is under attack in a spree of politicisation of institutions of the state, he added.

via Adilur gets IBA int’l human rights award.

Russian NGO Agora wins Rafto prize but has to refuse the money

September 25, 2014

The Russian human rights group Agora, which played a key role in defending one of the jailed members of Pussy Riot, has won Norway’s Rafto Prize for human rights defenders. [An Agora lawyer, Irina Khrunova, helped secure the release of Yekaterina Samutsevich, who was sentenced to two years in jail in 2012 for the feminist group’s “punk prayer” protest against President Vladimir Putin].”The award is a recognition of their relentless and professional work to defend the right to fair trial and other human rights in a Russia where organisations and individuals are subjected to increasing pressure from the country’s authorities” the Bergen-based Rafto Foundation said on Thursday. The Agora Association – a network of 35 lawyers across Russia – was founded by human rights lawyer Pavel Chikov in 2005. It provides legal help to mainly human rights defenders, bloggers and journalists.

The group was forced to turn down $20,000 in prize money, according to the Rafto foundation due to a 2012 law – which Agora has challenged in the courts – that requires organisations with international funding to register as “foreign agents”.

via Russian lawyers win Norwegian rights prize.

for more info on the award: http://www.trueheroesfilms.org/thedigest/award/rafto-prize

Sri Lanka reprisals against human rights defenders who cooperate with the UN continue

September 17, 2014

A UN Human Rights Council mandated inquiry is currently investigating alleged violations of international humanitarian law, as well as gross and systematic human rights abuses, committed by the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam, which led to estimated 40,000 civilian deaths in 2009 alone. In a joint letter dated 25 August to the President of the UN Human Rights Council and to the Ambassador of Sri Lanka, a coalition of NGOs outline an alarming trend of intimidation, threats and reprisals in Sri Lanka against people engaging with UN human rights mechanisms, including the Commission of Inquiry.

This pattern has been brought many times to the attention of the UN Human Rights Council by civil society, human rights experts and States, and even by the UN Secretary-General and High Commissioner. ‘The Government of Sri Lanka has the primary responsibility for protecting people from threats, intimidation and reprisal, and must condemn all such acts immediately and unequivocally as well as take all necessary lawful steps to affirm and uphold the right of all persons to free communication with the UN, safe from hindrance or insecurity’ said ISHR Director Phil Lynch. See also on reprisals: https://thoolen.wordpress.com/tag/reprisals/

Still on 13 September 2014, human rights defenders Mr Namal Rajapakshe and Mr Manjula Pathiraja in Sri Lanka were threatened with death in connection to their work as defence lawyers, reported Front Line on 15 September. Namal Rajapakshe and Manjula Pathiraja are leading human rights lawyers who have frequently appeared (often pro bono) in public interest litigation representing victims of human rights violations across Sri Lanka.

[On 13 September 2014, two unidentified men wearing jackets and helmets covering their faces entered the office of Namal Rajapakshe and threatened that he and Manjula Pathiraja would be killed should they appear in any more “unnecessary cases”.  This is not the first time that Namal Rajapakshe and Manjula Pathiraja have been targeted. On 4 August 2014, the human rights defenders were intimidated, along with another lawyer, while they were making representations on behalf of their clients. They were harassed by a group of thugs inside the Maradana Police station – in front of the local Inspector.]

via Sri Lanka: End reprisals against those who cooperate with the UN | ISHR.

Thai Junta summons human rights defenders

June 2, 2014

The Asian Human Rights Commission reports that only a few hours ago (around 9 pm) on 1 June 2014, the National Council on Peace and Order Maintenance [NPCO] in Thailand issued Orders No. 42-44/2014 – broadcast on the radio and television – demanding that 38 persons report themselves to the Jamjuree Room at the Army Club on Thewet Road between 10 am and noon. Similar to earlier orders, the penalty for not obeying the summons carries a prison term and a 40,000 baht fine.The list includes a number of human rights defenders, activists, academics, and journalists, such as:

  • Jittra Kotchadet, long-time labour rights activist and human rights defender.
  • Tewarit Maneechay, human rights defender and journalist for the independent media site Prachatai.
  • Suthachai Yimprasert, a historian at Chulalongkorn University, and
  • Kengkij Kitirianglarp, a political scientist at Chiang Mai University; the two academics have consistently acted in support of human rights.
  • Pranee Danwattananusorn, the wife of Surachai Danwattananusorn (a former political prisoner) and who has worked to support the rights of political prisoners and human rights defenders.
  • Karom Phonpornklang, a lawyer who has defended numerous political prisoners.

The full lists can be found in:  THAILAND: Junta summons additional human rights defenders, activists, academics, and journalists — Asian Human Rights Commission.

China sentences four more human rights defenders for demonstrating

April 24, 2014

The same day it was announced that Cao Shunli had been selected as one of the Final Nominees for the MEA 2014, Front Line reports the sentencing of 4 other human rights defenders in China. On 18 April 2014, human rights defenders Messrs Ding Jiaxi and Zhao Changqing were sentenced to 3.5 years and 2.5 years’ imprisonment respectively, while Messrs Li Wei and Zhang Baocheng were both given prison sentences of 2 years. The four human rights defenders were convicted of “illegal assembly” over their role in small-scale demonstrations associated with the New Citizens Movement. Read the rest of this entry »