Posts Tagged ‘human rights lawyers’
August 29, 2016
The situation in Burundi continues to be marred by instability and reports of serious human rights violations, including allegations of extra-judicial killings, disappearances, torture, and arbitrary detention of members of the opposition, civil society and those suspected of opposing the Government. Human rights defenders and journalists are among the hundreds of thousands of people who have fled the country since April 2015. I have written quite a bit about Burundi where all early warning signs of violence and ethnic cleansing are present [https://thoolen.wordpress.com/2015/11/10/burundi-what-more-early-warning-does-one-need; https://thoolen.wordpress.com/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/]. And the situation continues:
- The UN Committee against Torture (CAT) issued a wake-up call to Burundi said Amnesty International on 12 August 2016 after the Committee flagged an increase in the use of torture and other ill-treatment since the beginning of the country’s current crisis in April 2015. In its concluding observations the Committee’s 10 independent international experts expressed deep concern over hundreds of cases of torture alleged to have taken place in recent months in both official and unofficial places of detention.
- On 8 August 2016 the CAT had already issued a report that it was gravely concerned by reports that four Burundian lawyers who provided information to it are being subjected to reprisals. In a press statement issued by the Office of the UN High Commissioner for Human Rights, the Committee said the four lawyers – Armel Niyongere, Lambert Nigarura, Dieudonné Bashirahishize and Vital Nshimirimana – had contributed to an alternative report by a coalition of Burundian non-governmental organizations for the its review, and three were present at the review in Geneva on 28 and 29 July. According to the Committee, on 29 July, a Burundian prosecutor asked the President of the Bujumbura Bar Council to strike the lawyers off the professional register, alleging that they had committed several offences, including involvement in an insurrectionist movement and an attempted coup. The Committee’s letter, signed by Chair Jens Modvig and Rapporteur on Reprisals Alessio Bruni, notes that the prosecutor requested sanctions against the lawyers, rather than an inquiry to establish the facts, “which raises concerns with respect to presumption of innocence.” It goes on to state that this concern “is all the stronger given that the (prosecutor’s) request came on the same day that the Burundian delegation, presided over by the Minister of Justice, indicated they would not be participating in the second session of dialogue with the Committee, citing the alternative report by Burundian civil society in particular as the reason.” [Mr. Modvig and Mr. Bruni also point out that the Committee raised the issue of reprisals after the last regular review of Burundi in 2014. They reminded the Burundian Government that reprisals contravene Article 13 of the Convention against Torture, to which the country has been a party since 1993. Article 13 states that complainants and witnesses should be protected against all ill-treatment or intimidation as a consequence of making a complaint or giving evidence.]
- Finally on 16 August the United Nations Special Adviser on the Prevention of Genocide, Adama Dieng, expressed his concern at inflammatory statements by public officials that could constitute incitement to violence including, most recently, by a senior official of the ruling CNDD-FDD political party. In a statement on 16 August 2016 that was published on the CNDD-FDD website, Pascal Nyabenda, who was at the time President of the CNDD-FDD party and President of the National Assembly, suggested that the genocide in Rwanda was a fabrication of the international community, (“montages genocidaires contre le Gouvernement dit Hutu de Kigali”) that was used to remove the Hutu government that was in place at the time. “This irresponsible statement could be interpreted as genocide denial”, Mr. Dieng said, “and has the potential to inflame ethnic tensions, both within Burundi and outside its borders”. At the 20 August meeting of the party, a new head of the CNDD-FDD was appointed but Mr. Nyabenda continues in his role as President of the National Assembly. Special Adviser Dieng also raised concern that the youth wing of the CNDD-FDD party, known as the Imbonerakure, continues to be associated with human rights abuses and is reported to have threatened ethnic violence. He noted that the Minister of the Interior of Burundi had confirmed that the Imbonakure formed part of the national security strategy, as the CAT also pointed out in its concluding observations.
- To make things even worse Burundi has rejected in early August the deployment of a United Nations police force saying the France-drafted resolution authorizing the security contingent was made without Bujumbura’s consent. “The government of Burundi rejects every aspect of this resolution linked to the deployment of any force on its territory,” spokesman Philippe Nzobonariba said in a statement released on Tuesday, adding that the resolution was “in violation of the fundamental principles required of the UN family and above all violating its sovereignty.” The response came after the UN Security Council authorized to dispatch of up to 228 officers to Bujumbura and elsewhere throughout the west African country for an initial period of one year, in an attempt to provide the council, according to French Ambassador Francois Delattre, with “eyes and ears” on the ground to provide early warning of possible mass atrocities. The planned deployment of the contingent has aroused fury from the country’s authorities, who initially agreed to accept no more than 50 officers The country’s authorities initially agreed to accept no more than 50 officers, but now infuriated by the UN planned deployment of 228-strong contingent, have rejected even the 50-strong security force.
- An overview of FIDH actions concerning Burundi in 2015/16: https://www.fidh.org/en/region/Africa/burundi/burundi-one-year-of-bloody-crisis
http://allafrica.com/stories/201608270196.html
http://www.un.org/apps/news/story.asp?NewsID=54640#.V8Pm3IRptgc
https://www.amnesty.org/en/latest/news/2016/08/burundi-un-findings-must-be-a-wake-up-call-on-torture/
http://www.presstv.ir/Detail/2016/08/03/478262/Burundi-UNSC-UN-Nkurunziza-police-France
Posted in AI, FIDH, human rights, Human Rights Defenders, UN | Leave a Comment »
Tags: Adama Dieng, AI, Alessio Bruni, Burundi, CAT, CNDD-FDD, early warning, ethnic conflict, human rights lawyers, Imbonakure, international monitoring, reprisals, torture, UN
August 2, 2016
China‘s use of ‘video confessions’ would be almost comical if it was not so serious for the individuals concerned [see e.g. https://thoolen.wordpress.com/2016/01/21/confessions-abound-on-chinese-television-first-gui-minhai-and-now-peter-dahlin/]. Now it is the turn of Wang Yu, a well-known Chinese human rights lawyer who was released on bail after she purportedly “confessed” to some wrongdoings. Wang Yu, 45, who was arrested by mainland police in July last year on charges of political subversion [https://thoolen.wordpress.com/tag/wang-yu/], appeared in a video expressing “deep remorse” for her actions. In the televised confession, Wang is shown rebuking her profession and accusing “foreign forces” of using her law firm to smear the Chinese government.
The lawyer also said that she will not recognize, endorse or accept the Ludovic Trarieux International Human Rights Prize awarded to her in June, the Hong Kong Economic Journal reported [https://thoolen.wordpress.com/2016/06/07/detained-chinese-lawyer-wang-yu-wins-ludovic-trarieux-prize/].
Chan Kit-man, secretary-general of the Hong Kong-based Chinese Human Rights Lawyers Concern Group, noted that the Wang case is similar to that of another human rights lawyer, Zhao Wei, who was also set free after a videotaped confession.
The Chinese lawyer has handled several politically sensitive lawsuits, including the case of Cao Shunli, who was detained for months for staging sit-ins at the foreign ministry and later died. She also defended Ilham Tohti, a Uyghur economist who was handed a life sentence on separatism-related charges. Tohti is one of 3 final nominees for the MEA 2016. She also provided legal assistance to the families of six schoolgirls who were sexually abused by their teachers in Hainan province and to practitioners of Falun Gong, a spiritual movement banned in China.
(Wang appeared on Phoenix TV on July 31 in an interview apparently conducted at a restaurant in Tianjin. She said she is physically well after recovering from a mammary gland tumor in February and March this year. Wang said arrangements had been made for her to undergo surgery. The action made her realize the “human touch and care” of Chinese authorities.)
Front Line Defenders also issued on 2 August 2016 an Update on Wang Yu’s case: https://www.frontlinedefenders.org/en/profile/wang-yu>
“In her confession released on 1 August, Wang Yu criticised fellow human rights lawyers, saying that they were motivated by money and fame and blamed overseas activists for using human rights defenders as tools to tarnish the reputation of the Chinese government. Wang Yu’s confession is the most recent in a series of televised confessions of human rights defenders which have been broadcast in an attempt to undermine human rights work in the country. At least two of those who had previously appeared in such videos later said that their confessions were scripted and that they were pressured to participate”. … Wang Yu had been held incommunicado since 9 July 2015 and her husband, Bao Longjun , remains in detention, having been seized on the same day. Their 16 year old son, Bao Zhuoxuan, is under tight surveillance at the home of his grandparents following an unsuccessful attempt to flee China last year with the help of two human rights defender friends of his parents.”
A day later a court in Tianjin Tuesday handed down a guilty verdict for Chinese rights defender Zhai Yanmin, who was given a three-year jail term with a four-year probation period after being found guilty of “state subversion.”
Source: China human rights lawyer freed after video ‘confession’
http://www.voanews.com/content/rights-groups-denounce-court-ruling-against-chinese-activist/3445329.html
http://international.thenewslens.com/article/45644
Posted in awards, Front Line, human rights, Human Rights Defenders | 2 Comments »
Tags: Cao Shunli, Chan Kit-man, China, Chinese Human Rights Lawyers Concern Group, detention, forced confession, Front Line (NGO), human rights lawyers, Ilham Tohti, Ludovic Trarieux Prize, Wang Yu, woman human rights defender, Zhai Yanmin, Zhao Wei
June 17, 2016
While most attention on the issue of foreign funding of NGOs has gone to Russia, which for this purpose invented the ‘foreign agent’ law, [https://thoolen.wordpress.com/tag/foreign-agent-law/], another big country – India – has been stepping up its own version through a law restricting civil society access to foreign funding:

UN Special Rapporteur on the situation of human rights defenders Michel Forst. Photo: MINUSTAH
On 16 June 2016 three United Nations rapporteurs on human rights called on the Government of India to repeal a regulation that has been increasingly used to obstruct civil society’s access to foreign funding. The experts’ call comes as the Indian Ministry of Home Affairs suspended for six months the registration of the non-governmental organization Lawyers Collective, under the Foreign Contribution Regulation Act (FCRA), according to a news release from the Office of the UN High Commissioner for Human Rights (OHCHR) in Geneva. [see also my post form 2013: https://thoolen.wordpress.com/2013/11/05/india-should-end-funding-restraints-on-human-rights-defenders-says-hrw/]
The suspension was imposed on the basis of allegations that its founders, human rights lawyers Indira Jaising and Anand Grover, violated the act provisions by using foreign funding for purposes other than intended.
“We are alarmed that FCRA provisions are being used more and more to silence organisations involved in advocating civil, political, economic, social, environmental or cultural priorities, which may differ from those backed by the Government,” said UN Special Rapporteurs on human rights defenders, Michel Forst, on freedom of expression, David Kaye, and on freedom of association, Maina Kiai.
Despite detailed evidence provided by the non-governmental organization (NGO) to rebut all allegations and prove that all foreign contributions were spent and accounted for in line with FCRA, the suspension was still applied. “We are alarmed by reports that the suspension was politically motivated and was aimed at intimidating, delegitimising and silencing Lawyers Collective for their litigation and criticism of the Government’s policies,” the experts said noting that the NGO is known for its public interest litigation and advocacy in defence of the most vulnerable and marginalised members of Indian society.
Many civil society organizations in India now depend on FCRA accreditation to receive foreign funding, which is critical to their operations assisting millions of Indians in pursuing their political, cultural, economic and social rights. The ability to access foreign funding is vital to human rights work and is an integral part of the right to freedom of association. However, FCRA’s broad and vague terms such as ‘political nature’, ‘economic interest of the State’ or ‘public interest’ are overly broad, do not conform to a prescribed aim, and are not a proportionate responses to the purported goal of the restriction.
“Human rights defenders and civil society must have the ability to do their important job without being subjected to increased limitations on their access to foreign funding and the undue suspension of their registration on the basis of burdensome administrative requirements imposed to those organizations in receipt of foreign funds,” the UN human rights experts concluded.
Source: United Nations News Centre – UN rights experts urge India to repeal law restricting civil society access to foreign funding
Posted in human rights, Human Rights Council, Human Rights Defenders | 1 Comment »
Tags: civil society organisations, David Kaye, foreign agent law, Foreign Contribution Regulation Act (FCRA), foreign funding, freedom of association, funding restrictions, human rights lawyers, India, Maina Kiai, Michel Forst, NGOs, UN Rapporteurs
June 8, 2016
On 8 June 2016 Human Rights Watch asked the Egyptian authorities to stop persecuting a lawyer and two judges who engaged in the suspicious activity of proposing an anti-torture law!!!
Negad al-Borai with judges Hesham Raouf and Assem Abd el-Gabbar who drafted the anti-torture law proposal to bring Egyptian law in line with the United Nations Convention . © 2015 Private
Read the rest of this entry »
Posted in HRW, human rights, Human Rights Defenders | Leave a Comment »
Tags: Abdel Fattah el-Sisi, anti-torture campaign, Assem Abd al-Gabbar, Egypt, Hesham Raouf, HRW, Human Rights Defenders, human rights lawyers, judicial harasment, Nadim Houry, Negad al-Borai, United Group law firm, United Nations Convention Against Torture
April 8, 2016

reports that on 8 April 2016 that human rights defender He Xiaobo (not to be confused with Nobel Laureate Liu Xiaobo) was released on bail after over four months in custody in Guangzhou, Guangdong province. The workers’ rights campaigner had been detained on 3 December 2015 along with a number of colleagues and on 8 January he was formally charged with ’embezzlement’. Two other human rights defenders detained at that time, Zeng Feiyang and Meng Han remain in detention and are facing charges of “gathering a crowd to disrupt social order”. He Xiaobo runs Nanfeiyan Social Work Service Centre, an NGO campaigning for compensation on behalf of workers who have been injured during the course of their work. The centre’s registration was rescinded in 2015. https://www.frontlinedefenders.org/en/case/case-history-he-xiaobo.
It is not a breakthrough in the treatment of human rights defenders in China (https://thoolen.wordpress.com/2015/01/19/the-plight-of-chinas-human-rights-lawyers-worsened/) but even small good news is welcome. On the other hand, also today Chinese Human Rights Defenders (CHRD人权捍卫者@CHRDnet) reports that 6 human rights defenders collectively received 20.5 years in prison for exercising their rights to free speech, assembly and association
Posted in awards, Front Line, human rights, Human Rights Defenders | Leave a Comment »
Tags: China, Chinese Human Rights Defenders, freedom of association, Front Line (NGO), He Xiaobo, Human Rights Defenders, human rights lawyers, labour activists, Liu Xiaobo, Meng Han, Nanfeiyan Social Work Service Centre, release on bail, Zeng Feiyang
March 28, 2016
https://vimeo.com/127696619%5B/embed%5D
The difficult work of human rights defenders in Russia, and Chechnya in particular, has been demonstrated time and again in the social media including this blog (https://thoolen.wordpress.com/2016/03/17/russia-defenders-attack-closing-office-un-joint-mobile-group-chechnya/). In the film “Chechnya, War Without Trace” award-winning journalist Manon Loizeau, who spent the past 20 years covering the Chechen conflict, returns to the places she knew well, filming undercover, to examine the lasting effects of conflict with Russia. Gone are the minefields and piles of rubble, replaced with broad avenues, luxury boutiques and glass-fronted skyscrapers. It’s virtually impossible to see there was ever a war. But under the surface problems persist. The few lawyers working on torture issues proudly display their Martin Ennals Award. The link above is just the trailer; for the full film: contact Java Films; contact@javafilms.fr; +33 174713313; www.javafilms.fr.
Posted in films, Human Rights Defenders | Leave a Comment »
Tags: anti -torture, Chechnya, conflict and peace, human rights film, human rights lawyers, images, Manon Loizeau, MEA 2013, Russia, Vimeo, War Without Trace
March 20, 2016
All the attention is on Turkey as the country where refugees will have to be processed. The more the question of fair trial becomes important. The following does not bode well:
In the early morning of 16 March 2016, police raided the houses of 9 lawyers in Istanbul, Turkey. After the search, lawyers Ramazan Demir, İrfan Arasan, Ayşe Acinikli, Hüseyin Boğatekin, Şefik Çelik, Adem Çalışçı, Ayşe Başar, Tamer Doğan and Mustafa Rüzgar were taken into custody. They are all members of the Libertarian Lawyers Association ÖHD). There has not been given any justification for these arrests and searches. The case file on the arrests is confidential. Allegedly the lawyers are arrested on suspicion of having ties with a terrorist organization. All the lawyers that were arrested represent the 46 lawyers who were arrested in 2011 on suspicion of “working for, or belonging to, a terrorist organization”. A hearing in the trial against these lawyers took place only one day after the arrests (!), on 17 March 2016. The arrest of their lawyers means that they are deprived from their legal defense.
Lawyers for Lawyers and Fair Trial Watch are extremely worried about the state of the rule of law in Turkey, which is quickly deteriorating. They sent a letter to the Turkish authorities in which they urge them to:
– Immediately release lawyers and drop the criminal investigation;
– Abstain from identifying lawyers with their clients or their clients’ causes;
– Put an end to all forms of harassment against lawyers in Turkey;
– Guarantee in all circumstances that all lawyers in Turkey are able to carry out their legitimate activities without fear of reprisals, intimidation, threats and free of all restrictions.
For more information see: http://www.advocatenvooradvocaten.nl/11446/turkey-police-raid-on-and-arrest-of-9-lawyers
“The rise of authoritarianism in Turkey is blatant. Erdogan’s government crackdown on independent journalists is a step towards exerting dictatorial control over Turkey’s media,” said HRF president Thor Halvorssen.
https://humanrightsfoundation.org/news/hrf-to-turkey-free-journalists-can-duendar-and-erdem-guel-00516?utm_content=&utm_source=VerticalResponse&utm_medium=Email&utm_term=here&utm_campaign=HRF%20to%20Turkey%3A%20Free%20Journalists%20Can%20Dündar%20and%20Erdem%20Gülcontent
Posted in human rights, Human Rights Defenders, Human Rights Foundation | 3 Comments »
Tags: arbitrary arrest, Can Dündar, Erdem Gül, fair trial, Fair Trial Watch, freedom of expression, Human Rights Foundation, human rights lawyers, Independence of Lawyers, journalists, L4L, Lawyers for Lawyers, Libertarian Lawyers Association (NGO Turkey), Turkey
March 15, 2016
Yesterday, 14 March 2016 was the second anniversary of the death of Cao Shunli, a Chinese human rights defender who was detained and denied adequate medical treatment in police custody for five months, before dying in a military hospital in Beijing in 2014. This happened shortly after she was shortlisted for the Martin Ennals Award in that year. [see also https://thoolen.wordpress.com/2016/02/12/cao-shunli-a-profile-and-new-award-in-her-name/]. Has the situation improved…? Read the rest of this entry »
Posted in Front Line, human rights, Human Rights Defenders, THF | 1 Comment »
Tags: Cao Shunli, China, detention, Documentary film, Front Line Defenders, Guo Feixiong, Human Rights Defenders, human rights lawyers, remembrance, reprisals, THF, UPR, video, Wang Yu, woman human rights defender
February 19, 2016
In Foreign Policy’s China File of 18 February 2016 there are 3 contributions worth reading about whether the increased repression under Xi Jinping (disappearances, detention of human rights lawyers, televised confessions, and stepped-up surveillance) is the ‘new normal’?
Source: China’s New Age of Fear | Foreign Policy
Posted in books, human rights, Human Rights Defenders | Leave a Comment »
Tags: China, Eva Pils, Foreign Policy, Foreign Policy of the USA, Human Rights Defenders, human rights lawyers, Isabel Hilton, repression, Taisu Zhang, Xi Jinping
February 11, 2016

Not the most egregious of violations but showing how deep the ruling powers’ reach in Iran is: more than two dozen prominent lawyers, including well-known human rights defenders, have been disqualified (again) from running in next month’s election for the Iranian Bar Association’s board of directors. Judge Hosseinali Nayeri, the head of the Supreme Disciplinary Court for Judges, issued a statement on 2 February 2016 rejecting 25 of the 141 candidacy applications, according to Kaleme, an opposition website.
The disqualified include human rights lawyers Farideh Gheirat, Mohammad Saleh Nikbakht, Abdolsamad Khorramshahi, Ramazan Haji Mashhadi, and former Tehran University law professor, Ghasem Sholeh Sadi. The bar association has only published the names of the approved candidates on its website.
Sholeh Sadi, told the NGO ‘International Campaign for Human Rights in Iran’ that the bar association should operate as an independent body and elections for its board of directors should be conducted without the interference of the judicial system. “Governments want to limit the lawyers’ activities and try to control them,” said the former Member of Parliament who has served time as a political prisoner in Iran.
The independence of lawyers as well as the Iranian Bar Association have been seriously undermined since the passage of a law in 1997 that imposed several limits and controls on the process for testing and licensing new lawyers. In February 2014, some 200 lawyers wrote an open letter to President Hassan Rouhani expressing concern about the Judiciary’s attempts to curb their autonomy. They accused the Judiciary of trying to destroy the independence of the legal profession “established by Prime Minister Mohammad Mossadegh more than 70 years ago.” The Head of the Iranian Judiciary, Sadegh Larijani, denied the charges, claiming that the Judiciary’s supervision over lawyers would not curtail their independence.
For older posts on Iran: https://thoolen.wordpress.com/tag/iran/
Source: Prominent Lawyers Disqualified from Iran’s Bar Association Election
Posted in human rights, Human Rights Defenders | Leave a Comment »
Tags: bar association, Farideh Gheirat, Ghasem Sholeh Sadi, human rights lawyers, Independence of Lawyers, independence of the judiciary, International Campaign for Human Rights in Iran, Iran, Sadegh Larijani