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NGOs call for the release of Mohammed al-Qahtani, detained incommunicado for six months in Saudi Arabia

May 25, 2023

We, the undersigned human rights organisations, call on Saudi authorities to reveal the health condition  of and immediately and unconditionally release prominent Saudi human rights defender and co-founder of the now dissolved Saudi Civil and Political Rights Association (ACPRA)*, Dr. Mohammed al-Qahtani, who has been detained incommunicado for six months. We also call for the immediate and unconditional release of four ACPRA members who remain in arbitrary detention.

Today, 24 April 2023, marks six months since prominent Saudi human rights defender and co-founder of the Saudi Civil and Political Rights Association (ACPRA)* Mohammed al-Qahtani last contacted his family. Since then, the authorities have subjected him to incommunicado detention. Al-Qahtani served his full sentence in November 2022. Five ACPRA members remain imprisoned in reprisal for their peaceful human rights activism: Mohammed al-Qahtani, Essa al-Hamid, Mohammed al-Bajadi, Fawzan al-Harbi, and Abdulaziz al-Shubaili.

Mohammed al-Qahtani was arbitrarily arrested in March 2012 and interrogated regarding his work with ACPRA and his peaceful activism. On 9 March 2013, the Criminal Court in Riyadh sentenced him to 10 years in prison to be followed by a travel ban of equal length on charges including “breaking allegiance to the ruler”, “questioning the integrity of officials”, “seeking to disrupt security and inciting disorder by calling for demonstrations”, and “instigating international organizations against the Kingdom.” The authorities failed to release Al-Qahtani  on 22 November 2022, when he finished serving his prison sentence. However, since 24 October 2022, Saudi authorities have denied him any contact with his family and continue to keep him in incommunicado detention. 

Despite al-Qahtani’s wife making several inquiries about him to al-Ha’ir prison, where al-Qahtani was serving his sentence, prison officers continue to refuse to disclose any information about him. His family has reasons to believe that he has entered into a hunger strike and his health has considerably deteriorated, putting his life at imminent risk. This is not the first time Mohammed al-Qahtani was denied contact with his family. In April 2021, he was held incommunicado after testing positive for Covid-19, raising fears regarding his health and well-being for the duration of his illness. For the past 10 years of imprisonment, security forces  subjected al-Qahtani to inhumane and degrading conditions of detention, and they have also subjected him to torture and ill-treatment, including beatings.

We are all the more concerned about -al-Qahtani’s well-being considering the death of ACPRA co-founder Abdullah al-Hamid in detention on 23 April 2020. Abdullah al-Hamid suffered from hypertension, and his doctor told him three months before he passed away that he needed to undergo heart surgery. He was threatened by prison authorities that if he told his family about his health condition, they would cut his communication with his family. Dr Abdullah al-Hamid had suffered a stroke on 9 April 2020 and remained in detention, despite being in a coma in the intensive care unit at al-Shumaisi Hospital in Riyadh.

Following al-Hamid’s death, the Saudi authorities carried out a wave of arrests against several individuals who expressed sympathy over his passing.

Created in 2009 by 11 human rights defenders and academics, ACPRA was established to promote and protect fundamental rights and freedoms in Saudi Arabia, including through promoting constitutional reforms. While ACPRA was never officially registered by the government, it was formally banned as an organization and dissolved by court order in 2013. As of May 2016, all of its 11 members had been sentenced by the Specialized Criminal Court (SCC) to lengthy prison sentences ranging between seven and 15 years for their human rights activism and cooperation with the United Nations human rights mechanisms.

In light of the above, we, the undersigned organisations, reiterate our call on the Saudi authorities to immediately and unconditionally release Mohammed al-Qahtani and other imprisoned members of ACPRA who are arbitrarily detained solely for their peaceful activism. In the interim, we call on the authorities to disclose the fate and whereabouts of Mohammed al-Qahtani, ensure immediate contact with his family, and provide him with any medical care he may need. Saudi Arabia should ensure a free and enabling environment for all human rights defenders, in order for them to carry out their activities without fear of reprisals and without undue restrictions.See also: https://www.trueheroesfilms.org/thedigest/laureates/78383825-0b3f-4bca-883a-b81e1baecd09

Among the co-founding members of ACPRA, five remain imprisoned today: Dr Mohammed al-Qahtani (sentenced to 10 years in prison followed by a 10-year travel ban. He completed his sentence in November 2022, yet remains in detention incommunicado); Mohammed al-Bajadi (sentenced to four years in prison, four years of suspension followed by a 10-year travel ban, and currently detained since May 2018); Abdulaziz al-Shubaili (sentenced to eight years in prison followed by an eight-year travel ban); Fowzan al-Harbi (sentenced to 10 years in prison followed by a 10-year travel ban); Essa al-Hamid (sentenced to 11 years in prison, followed by an 11-year travel ban). Sheikh Sulaiman al-Rashudi (sentenced to 15 years in prison and a 15-year travel ban. He was released in April 2018 for medical reasons; Abdulkarim al-Khodr (sentenced to 10 years in prison, followed by a 10-year travel ban. He was released in January 2023 upon the completion of his sentence but remains subject to the travel ban);  Abdulrahman al-Hamid sentenced to 9 years in prison, followed by a 9-year travel ban. He was released in January 2023 upon the completion of his sentence but remains subject to a travel ban); Dr Abdullah al-Hamid (sentenced to 11 years in prison followed by an 11-year travel ban), passed away on 23 April 2020 in custody. Abdullah al-Hamid and Mohammed al-Qahtani, alongside Waleed Abu al-Khair, have received the Right Livelihood Award in November 2018.

Signatories:

  • MENA Rights Group
  • Right Livelihood
  • ALQST
  • International Service for Human Rights (ISHR)
  • Americans for Democracy & Human Rights in Bahrain (ADHRB)
  • European Center for Democracy and Human Rights (ECDHR)
  • European Saudi Organization for Human Rights (ESOHR)
  • Freedom Initiative
  • Human Rights Foundation (HRF)
  • HuMENA for Human Rights and Civic Engagement
  • Gulf Centre for Human Rights (GCHR)
  • Amnesty International
  • International Federation for Human Rights (FIDH), in the framework of the Observatory for the Protection of Human Rights Defenders
  • World Organisation Against Torture (OMCT), in the framework of the Observatory for the Protection of Human Rights Defenders
  • Democracy for the Arab World Now (DAWN)
  • Human Rights First
  • Action des Chrétiens pour l’abolition de la torture (ACAT France)

See the full Joint Statement here.

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Now it is the turn of the Iranian journalists who reported on Mahsa Amini

May 11, 2023
Niloufar Hamedi and Elaheh Mohammadi
Image caption, Niloufar Hamedi and Elaheh Mohammadi have been detained in Iran for more than 200 days

BBC Persian Service on 5 May 2023 drew attention to the fate of the two journalists who reported first on Mahsa Amini, whose name made headlines around the world when she died in custody last September, sparking waves of protests in Iran. But not many people have heard of Niloufar Hamedi and Elaheh Mohammadi.

The two female journalists helped break the story of Ms Amini’s death and have been detained in two of Iran’s most notorious prisons ever since. On Tuesday, they and the imprisoned Iranian human rights activist Narges Mohammadi were awarded the 2023 Guillermo Cano World Press Freedom Prize by the United Nations’ cultural agency, UNESCO.”They paid a hefty price for their commitment to report on and convey the truth. And for that, we are committed to honouring them and ensuring their voices will continue to echo worldwide until they are safe and free,” said Zainab Salbi, the jury chair. For more on Narges, see; https://www.trueheroesfilms.org/thedigest/laureates/07C20809-99E2-BDC0-FDC3-E217FF91C126

On 22 September, just six days after she tweeted a photograph of Mahsa’s grieving family, Niloufar Hamedi was arrested. Security forces also raided Elaheh Mohammadi’s home at the same time, seizing her electronic devices. On 29 September, she too was arrested.

Both Ms Hamedi and Ms Mohammadi were already known for hard-hitting news reports and coverage of human rights issues.

As well as winning UNESCO’s press freedom prize, Ms Hamedi and Ms Mohammadi have been named as two of Time Magazine’s 100 Most Influential People of 2023 and given the 2023 Louis M Lyons Award for Conscience and Integrity in Journalism, presented by Harvard University in the United States. See: https://www.trueheroesfilms.org/thedigest/awards/8809EB31-7E9C-4624-88E3-FC592D496807 and https://www.trueheroesfilms.org/thedigest/awards/1748C306-757A-49EB-8436-A9C607356112

“Journalists in Iran are risking their lives on a daily basis to report on the conditions and oppressions there,” the Harvard fellows noted.

Protesters hold up pictures of Mahsa Amini in Berlin, Germany
Image caption, Mahsa Amini’s death led to a wave of protests in Iran and rallies in solidarity around the world

Ms Hamedi and Ms Mohammadi have meanwhile been kept in harsh conditions at Evin prison in Tehran and Qarchak Women’s Prison, south of the city. Reports from inside Qarchak suggest that the facilities are inhumane, with a lack of medicine, food and even safe drinking water or clean air. Ms Mohammadi lost 10kg (22lbs) in the first three months of her detention, her husband wrote on his Instagram page.

Both women have also struggled to access legal support. The first lawyer appointed to represent the pair said in October that he was unable to communicate with them or access the legal documents surrounding their arrests. Less than a month later, he was himself arrested. The journalists’ families have struggled with the pain of not knowing what is going to happen to them.

“I’m asked, ‘What do the authorities tell you?’ I’m not even sure which institution or person to contact,” Ms Hamedi’s husband, Mohammad Hossein Ajorlou, said in an interview with Sharq.

He too has found it difficult to get information about what his wife is accused of and what is likely to happen to her.

At the end of October, Iran’s ministry of intelligence and the intelligence agency of the Revolutionary Guards issued a statement accusing Ms Hamedi and Ms Mohammadi of being trained by the US Central Intelligence Agency to foment unrest in Iran.

Their newspapers denied the allegations and insisted they had just been doing their jobs.

Last week, after they had both spent more than 200 days in custody, the Iranian judiciary announced that Ms Hamedi and Ms Mohammadi had been indicted and their cases referred to a court.

On Monday, Ms Hamedi’s husband wrote on Twitter that she and Ms Mohammadi had been transferred back to Evin prison from Qarchak, apparently in preparation for their trial.

https://www.bbc.com/news/world-middle-east-65466887

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Detainees in the Emirates held in prison even after completing their sentence

April 13, 2023

On 12 April 2023 Human Rights Watch reported that United Arab Emirates are continuing to incarcerate at least 51 Emirati prisoners who completed their sentences between one month and nearly four years ago.

The prisoners are all part of the grossly unfair “UAE94” mass trial of 69 critics of the government, whose convictions violated their rights to free expression, association, and assembly. UAE authorities are using baseless counterterrorism justifications for continuing to hold them past their completed sentences.

“Prisoners in the UAE94 case have already suffered tremendously after years in prison following a grossly unfair trail,” said Joey Shea, United Arab Emirates researcher at Human Rights Watch. “Emirati authorities should free them immediately and finally put an end to this decade-long ordeal. Prominent UAE partners, including the United States and COP28 organizers, should press UAE authorities for their immediate release.”

The prisoners were among 94 people detained beginning in March 2012 in a wave of arbitrary arrests amid an unprecedented crackdown on dissent. The case had a chilling effect on freedom of expression, assembly, and association.

In July 2013, Abu Dhabi’s Federal Supreme Court convicted 69 of the defendants, sentencing 5 to 7 years in prison, 56 to 10 years, and 8 in absentia to 15 years, with 25 acquitted. The verdict could not be appealed, in violation of international law, because it was issued by the UAE’s highest court. As of March 2023, 51 had completed their sentences but remain imprisoned with no clear legal basis, according to Emirati activists and court documents. Some prisoners completed their sentences as early as July 2019.

At least four of the 51 received a Public Prosecution letter saying that they were on Munasaha during what was supposed to be their last three months in detention, activists and family members told Human Rights Watch. After three months, these detainees were taken in front of a judge, who determined they still held “terrorist thoughts” and ruled that they needed further “rehabilitation.”

Under article 48 of the counterterrorism law, the public prosecutor may place someone convicted of a terrorist offense in a counselling or Munasaha program in the prison where they were serving their sentence, under counselling center supervision.

The counterterrorism law sets no time limit for continued incarceration and instead requires the state security public prosecution to report to the court every three months. The court may order a person’s release if it finds that “his or her condition so allows.” It is not clear if the defendant has any right to attend the hearing or see or challenge the evidence used to justify their detention.

The decade of unjust imprisonment has had devastating consequences for the prisoners’ families. A family member said that the young child of one of the prisoners still does not understand why her father was in prison. “She asks me, we love our country and our leaders, why are they are doing this to my father?” the family member said.

Many prisoners are being held in the notorious al-Razeen prison, and many are alleged to be in solitary confinement. A family member said, “All the prisoners are suffering there, they don’t have their rights and it is very hard to visit them.” Another family member said: “Throughout the years, the conditions are getting worse.”

Visits are irregular and difficult to procure, the family members said. Families often drive for hours to the prison in the middle of the desert, only to be denied a visit with no explanation. Family members also said that phone conversations are often cut off mid-call with no explanation. Some prisoners have not been able to speak with their family members by phone for years.

Other family members said there have been months-long periods in which a prisoner, as one family member said, “totally disappeared” with “no calls, no nothing,” leading the family to believe that “maybe he is dead.” Prisoners are also often denied books and pictures.

The International Covenant on Civil and Political Rights (ICCPR) in article 15 prohibits retroactive criminal punishment. The United Nations Human Rights Committee, in its general comment on article 9 of the ICCPR, said, “if, under the most exceptional circumstances, a present, direct and imperative threat is invoked to justify the detention of persons considered to present such a threat, the burden of proof lies on States parties to show that the individual poses such a threat and that it cannot be addressed by alternative measures, and that burden increases with the length of the detention.”

“By arbitrarily extending the unjust sentences of peaceful critics using bogus counterterrorism justifications without due process, the UAE again shows its total disregard for the rule of law,” Shea said.

https://www.hrw.org/news/2023/04/12/uae-detainees-held-beyond-sentences

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Nigerian Mubarak Bala subject of BBC documentary

November 11, 2022

A recent BBC documentary is about the challenges faced by humanists and atheists in Nigeria. The film was released this week and focuses on Mubarak Bala, reporting on the events that took place in the run-up to his unjust and disproportionate sentencing in April 2022.Mubarak, who is the President of the Humanist Association of Nigeria, is currently serving a 24-year prison sentence, in connection with a series of Facebook posts that some deemed to be ‘blasphemous’ and ‘likely to cause a public disturbance’. See also: https://humanrightsdefenders.blog/2021/08/27/mubarak-bala-wins-humanist-international-2021-freedom-of-thought-award/

Leo Igwe, Humanists International Board Member & Founding member of the Humanist Association of Nigeria, has been spearheading the campaign for his release since he was first arrested in April 2020.: “The launch of the documentary marks more than 30 months since Mubarak was separated from his family. I’m so proud of his wife, Amina, for the strength she has shown, but you can see in her interview how hard this has been for her. Perhaps the most chilling part of the documentary is when the lawyer who brought about the complaint against Mubarak simply cannot hide his pleasure at the outcome of the sentence, despite the devastating impact on the family. He says: “I really feel bad for the wife and the little son” but the smile on his face tells a very different story.”

see also: https://humanists.international/civi/?civiwp=CiviCRM&q=civicrm%2Fmailing%2Fview&reset=1&id=1422&cid=12522&cs=4a8ba3875028250988e91d06b138a2c8_1680716745_168

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Human rights defender Şebnem Korur Fincancı in Turkey now also jailed

October 31, 2022
Şebnem Korur Fincancı
Şebnem Korur Fincancı © 2022 TİHV

On 28 October 2022 HRW reports on the continuing crackdown on human rights defenders in Turkey, where Şebnem Korur Fincancı is the latest human rights defender to be jailed as authorities pursue a bogus investigation against her for “spreading terrorist propaganda.” Korur Fincancı is head of the Turkish Medical Association, former head of the Human Rights Foundation of Turkey, and a retired professor of forensic pathology. Her work was central to the creation of the United Nations’ “Istanbul Protocol,” a landmark manual on how to identify and document signs of torture. She has also worked on the exhumation of mass graves and forensic documentation of war crimes in different countries. See also: https://humanrightsdefenders.blog/2018/11/05/turkish-human-rights-defender-and-forensic-doctor-sebnem-korur-fincanci-honoured/

Korur Fincancı’s arrest and pre-trial detention followed an interview she gave to pro-Kurdish TV on October 19. Responding to allegations that the Turkish military had used chemical weapons against the armed Kurdistan Workers’ Party (PKK) in the Kurdistan Region of Iraq, Korur Fincancı said the video footage she had seen suggested use of toxic gases affecting the nervous system and that there should be a full investigation. Turkish pro-government media and President Recep Tayyip Erdoğan accused Korur Fincancı and the Turkish Medical Association of slandering the Turkish military. Prosecutors and courts rapidly responded by ordering her investigation and detention.

Korur Fincancı’s arrest is the latest in a pattern of politically motivated cases as the Erdoğan government continues its crackdown on critics and opponents. Just this week, police also detained 10 Kurdish journalists on top of 16 incarcerated in June. The Turkish authorities show all the signs of being determined to silence the voices of experts like Korur Fincancı as well as the journalists who report their words.

Authorities also appear focused on a broader plan of reshaping and taking over professional bodies that have been critical of government policies. On October 27, Turkey’s justice minister announced a plan to restructure both the Turkish Medical Association, from which Korur Fincancı will be removed as head, and the Union of Chambers of Turkish Engineers and Architects. Mücella Yapıcı, a prominent member of the latter, was convicted and jailed in April along with rights defender Osman Kavala and six others for her alleged role in the 2013 Gezi Park protests.

In the run-up to the 2023 presidential and parliamentary elections, the Turkish government is likely to continue to misuse criminal charges and detention against individuals it wants to silence and attempt to seize institutions outside its control.

https://www.hrw.org/news/2022/10/28/turkey-jails-another-human-rights-defender

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Kavala ruling of European Court of Human Rights – infringement procedure against Turkey

July 27, 2022
Osman Kavala © 2017 Private
Osman Kavala © 2017 Private

Several sources (here HRW) reported on the European Court of Human Rights (ECtHR) handing down a landmark judgment (announced on July 11, 2022) against Turkey for its failure to carry out the court’s order to free the imprisoned human rights defender Osman Kavala. See: https://humanrightsdefenders.blog/2022/04/27/unexpected-in-its-harshness-kavala-gets-life-sentence-without-parole/

The court found in Kavala v. Türkiye, a case brought by the Council of Europe’s Committee of Ministers, that Turkey failed to fulfil its obligation under Article 46(1) of the European Convention on Human Rights to comply with its judgment issued on  December 10, 2019.  The judgment is an important step toward accountability for Turkey’s systemic disregard for the convention system and as recognition of the urgency of implementing the court’s order to release Kavala.

“This is the only second time, after Mammadov v. Azerbaijan, that the ECtHR has ever conducted infringement proceedings and determined that a member state has not complied with a European Court judgment,” said Helen Duffy of the Turkey Litigation Support Project.

“It is an acknowledgement of Turkey’s ever-deepening rule of law crisis, which has involved seriously undermining the Convention system and the escalating use of criminal law for political purposes.”

In its new judgment, the court held that “Türkiye has failed to fulfil its obligation under article 46§1 to abide by the Kavala v. Türkiye judgment of 10 December 2019.”

The European Court underlined that:

Its finding of a violation of Article 18 taken together with Article 5 in the Kavala judgment had vitiated any action resulting from the charges related to the Gezi Park events and the attempted coup. It is nonetheless clear that the domestic proceedings subsequent to the above judgment, which resulted first in an acquittal and then a conviction, have not made it possible to remedy the problems identified in the Kavala judgment (para. 172).

The Grand Chamber judgment addresses these practices of the Turkish authorities by stating that “the measures indicated by Türkiye do not permit it to conclude that the State Party acted in ‘good faith,’ in a manner compatible with the ‘conclusions and spirit’ of the Kavala judgment, or in a way that would make practical and effective the protection of the Convention rights which the Court found to have been violated in that judgment” (para. 173).

Aisling Reidy, senior legal adviser at Human Rights Watch said: “As the European Court has now confirmed Turkey’s failure to execute the 2019 Kavala judgment, the Committee of Ministers needs urgently to take all feasible measures to ensure the judgement is respected and Kavala released“.

The Committee of Ministers is expected to resume its supervision process and take more robust steps to discharge its mandate of ensuring the necessary individual and general measures are taken by Turkey to implement the court’s ruling.

Now, it is up to the Committee of Ministers, which oversees the implementation of the ECtHR rulings, what measures to take against Turkey after the country failed to comply with the court’s ruling. This could lead to Turkey’s suspension from the Council of Europe. In anticipation, the Foreign Ministry of Turkey said they expected the Committee of Ministers “to act without bias and with common sense” in a statement.

https://www.hrw.org/news/2022/07/12/landmark-judgment-against-turkey-ignoring-european-ruling

Turkey clashes with the top European human rights court

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Al-Roken remains in UAE jail even after 1 his ten years have expired.

July 27, 2022

On 22 July 2022 Brian Dooley and Quinn Fulton wrote for Human Rights First a post: “Ten Years But Still Counting – UAE Fails To Release Jailed Activist Al-Roken“

..Prominent Emirati human rights defender and lawyer Dr. Mohammed Al-Roken finished his ten-year sentence on July 17, but still hasn’t been released from jail. [see: https://www.trueheroesfilms.org/thedigest/laureates/7B69B1D9-E359-444A-B448-02E8B9C0750C]

Al-Roken practiced peaceful activism, looking for minimal reforms towards democracy and standing up for human rights. He and other peaceful activists, including Ahmed Mansoor and Nasser bin Ghaith, were given long sentences after unfair trials. [see also: https://www.trueheroesfilms.org/thedigest/laureates/074ACCD4-A327-4A21-B056-440C4C378A1A]

Human Rights First has covered their cases and others for many years, and urged a succession of U.S. administrations to use the influence they have accrued – not least through supplying the Emirates with billions of dollars of weapons – to push for the release of jailed human rights activists there.

The U.S. government knows exactly who Al-Roken is and what he stands for.  He has been featured in a succession of U.S. reports describing him as “a human rights activist” (2007), “a lawyer…reportedly held incommunicado and without charge for unknown reasons” (2012), and a “lawyer, academic and human rights defender” (2021).

In 2015, Human Rights First wrote about his wrongful imprisonment, and noted in a report that year on human rights in the Emirates that “Former heads of the Jurists Association are now political prisoners, including renowned constitutional scholar Dr. Mohammed Al-Roken. He is one of dozens serving long prison sentences after being convicted in mass trials.”

We have continued to raise cases through the media of human rights defenders wrongfully detained in the Emirates, and we successfully campaigned for the release of American citizens Mohammed and Kamal Al Darat when they were tortured and detained in the Emirates for over a year.

We are not alone in recognizing Al-Roken’s human rights work and wrongful imprisonment. Major international human rights organizations have campaigned for him for years, and in 2017 he was awarded the prestigious Ludovic-Trarieux International Human Rights Prize. 

When calling for Al-Roken’s release, the UN Special Rapporteur on Human Rights Defenders noted that he was jailed on charges of “plotting against the government,” and “subjected to intermittent periods in solitary confinement, allegedly without justification or explanation.” The UN Working Group on Arbitrary Detention said Al-Roken “is reportedly well known for defending victims of human rights violations in the United Arab Emirates,” and deemed his detention as arbitrary.

We know that getting people who have been wrongfully detained in the Emirates out of prison is difficult, but it sometimes can be done if there is substantial international public pressure – as with the Al Darats and the British academic Matthew Hedges.

That’s why it’s important that the Biden administration speaks out publicly about Al-Roken. Our years of advocacy experience tells us that behind-the-scenes diplomacy is unlikely to work..

https://www.humanrightsfirst.org/blog/ten-years-still-counting-uae-fails-release-jailed-activist-al-roken

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Council of Europe starts infringement process against Turkey

February 3, 2022
Osman Kavala © 2017 Private
Osman Kavala © 2017 Private

The Council of Europe Committee of Ministers voted on 2 February, 2022 to begin infringement proceedings against Turkey. Human Rights Watch called it an important step to support human rights protection in Turkey and uphold the international human rights framework. The resolution concerns Turkey’s failure over the past two years to comply with the European Court of Human Rights’ judgment in which the Court ruled that Turkey should free human rights defender Osman Kavala and fully restore his rights. See also: https://humanrightsdefenders.blog/2022/01/18/kavala-saga-continues-turkish-court-keeps-philanthropist-in-prison/

“The Committee of Ministers’ vote to pursue infringement proceedings against Turkey for its politically motivated, arbitrary detention of human rights defender Osman Kavala shows a resolve to uphold the international human rights law framework on which the Council of Europe is based,” said Aisling Reidy, senior legal adviser at Human Rights Watch. “The resolution sends a reminder to all Council of Europe member states that European Court of Human Rights judgments are binding, and it is an important acknowledgement of Turkey’s rule of law crisis.”

The Committee voted to send the case of Kavala v Turkey back to the European Court of Human Rights for a legal opinion on whether Turkey has met its obligations to comply with the judgment. If the European Court confirms – as it is expected to do – that Turkey has failed to implement its judgment, the Committee of Ministers may then take additional measures against Turkey.

These could include ultimately suspending Turkey’s voting rights in the Council of Europe and could even jeopardize Turkey’s membership. Turkey is the second country in Council of Europe history to be subjected to the sanction process for breaching member states’ obligations to implement European Court of Human Rights judgments. (first time was in 2017 against Azerbaijan in the case of Ilgar Mammadov).

The Kavala judgment is legally binding, yet the Turkish authorities have snubbed the Strasbourg court and ignored the decisions of the Committee of Ministers, which represents the Council’s 47 member states, calling for his release and the full restoration of his rights. Ankara has already reacted as expexted: it has accused the Council of Europe of “interfering in an ongoing judicial process“

The Turkish courts and prosecutors have engaged in a series of tactics to circumvent the authority of the European Court and the Council of Europe, using domestic court decisions to prolong Kavala’s detention and extend the life of baseless prosecutions. The courts have issued sham release orders, initiated multiple criminal proceedings against Kavala on the same facts, and separated and re-joined case files accusing him of bogus offenses.

In 2021, Turkey merged the proceedings against Kavala with an entirely separate and much older case against football fans and others charged with a demonstration during 2013 protests a few kilometers away from Istanbul’s Gezi Park.

Turkey’s international partners, in particular countries that supported the infringement vote, should make it clear that Turkey’s continued failure to implement the Court’s judgment and to release Osman Kavala would have consequences on their relations with Turkey. In particular, the European Union should tie its proposed “positive agenda” with Turkey to Kavala’s release and make respect for rights a prerequisite for opening talks on the Customs Union modernization that Turkey is seeking.

“Turkey knows that the European Court’s judgments are binding but has chosen to defy its obligations and the rule of law,” Reidy said. “Through the infringement proceedings and engagement from other countries, that needs to change, and Turkey should free Osman Kavala immediately and restore all of his rights.”

https://www.hrw.org/news/2022/02/02/turkey-council-europe-votes-infringement-process

https://www.hurriyetdailynews.com/turkey-slams-council-of-europe-for-intervening-in-ongoing-kavala-case-171229

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Anti-terror laws in India keep being used against human rights defenders

January 28, 2022

On 26 January 2022 four major NGOs made a strong joint statement on India:

We, the undersigned civil society organizations, are deeply concerned about the ongoing harassment of 18 human rights defenders under the Unlawful Activities (Prevention) Act (UAPA) in reprisal for their advocacy work against the Citizenship (Amendment) Act (CAA) 2019. Thirteen of those arrested under the UAPA are currently in Rohini, Tihar, and Mandoli jails, New Delhi. We call for the immediate and unconditional release of all the human rights defenders arrested, and the dismissal of all charges against them.

The CAA has been widely criticized by activists, human rights defenders, civil society organizations, students and the international community for being openly sectarian and discriminatory against Muslims. After the CAA’s adoption, protesters across the country took the street to voice their concerns against the legislation, which goes against India’s Constitutional principles of secularism and equality. Police authorities responded by arresting human rights defenders and activists who spoke up against the CAA. Most of them were student activists and human rights defenders from the minority Muslim community.

The arrests of human rights defenders began in February 2020 and are still ongoing. Many of them had multiple First Information Reports (FIR) registered against them and were charged with serious offenses, including under UAPA. Of those arrested, only five human rights defenders – Natasha Narwal, Devangana Kalita, Safoora Zargar, Asif Iqbal Tanha, and Md. Faizan Khan – were released on bail. Thirteen others – Sharjeel Imam, Umar Khalid, Khalid Saifi, Tahir Hussain, Saleem Malik, Mohd. Saleem Khan, Meeran Haider, Shadab Ahmed, Tasleem Ahmed, Shifa Ur Rehman, Athar Khan, and women human rights defenders Ishrat Jahan and Gulfisha Fatima– remain in jail. Despite prolonged incarceration, the trial for their case has not commenced yet.

See also: https://humanrightsdefenders.blog/2020/06/01/eu-human-rights-committee-condemns-indias-arrest-of-human-rights-defenders/ and https://humanrightsdefenders.blog/2020/06/27/un-experts-address-3-big-ones-usa-china-and-india/

On 24 January 2022, a Delhi court framed charges against human rights defender Sharjeel Imam while rejecting his application for bail. The charges include Sections 124A (“sedition”), 153A (“promoting enmity between different groups on grounds of religion), 153B (“imputations, assertions prejudicial to national integration”), 505 (“statements conducing to public mischief”), along with Section 13 (“punishment for unlawful activities”) of the UAPA.

Khalid Saifi, Ishrat Jahan, and Gulfisha Fatima have reported custodial violence and torture by the Delhi police. There has been no effective investigations into these allegations or responsibility taken for their treatment. Shifa Ur Rehman, who has been in detention since 26 April 2020, suffers from severe kidney disease and has been denied access to adequate medical care in prison.

We express our deep concern over the harassment and arbitrary detention of human rights defenders that appear to be in retaliation to their peaceful activism and the legitimate expression of dissent against a discriminatory law. Despite the risks, human rights defenders have raised their voice for those oppressed by the CAA and in support of the Constitutional values that represent India.

We call on the Indian authorities to protect those defending human rights values and principles enshrined in national laws and to uphold international human rights commitments. We stand in solidarity with those who cannot speak out due to their incarceration, threats by Indian authorities, or due to a prevailing sense of fear. The treatment of these human rights defenders highlights a pattern of perpetrated abuse and violence, which is also exerted through legal mechanisms. This is especially concerning given India’s membership in the United Nations Human Rights Council and its pledge to preserve and protect human rights.

We urge the relevant authorities in India to:

1. Immediately and unconditionally release all human rights defenders arrested for protesting against the CAA, dismiss all charges, and cease all forms of harassment against them.
2. Guarantee under all circumstances that the arrested human rights defenders are not subjected to any form of torture and other ill-treatment while in police custody, and guarantee their access to adequate medical care and treatment.
3. Initiate a thorough judicial review of the Unlawful Activities (Prevention) Act and the Citizenship (Amendment) Act in genuine consultation with independent civil society organizations and human rights defenders, with a view to aligning these laws with India’s obligations under international human rights law.
4. Guarantee in all circumstances that all human rights defenders in India are able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions—including police and judicial harassment.

Please inform us of any actions that may be taken with regard to the above case.

-FIDH
· Civicus:
· Front Line Defenders
· World Organisation Against Torture (OMCT)

https://www.fidh.org/en/region/asia/india/india-ongoing-targeting-of-18-human-rights-defenders-under-anti

Posted in FIDH, Front Line, Human Rights Defenders, Observatory for the Protection of Human Rights Defenders, OMCT | 1 Comment »
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Kavala saga continues: Turkish court keeps philanthropist in prison

January 18, 2022

A Turkish court ruled Monday that prominent Turkish civil rights activist and philanthropist Osman Kavala should stay in prison, despite his more than four years in pre-trial detention.
The hearing took place as a Council of Europe deadline that could trigger infringement procedures looms. The European Court of Human Rights ruled in 2019 that Kavala’s rights had been violated and ordered his release. But Turkey has repeatedly refused to do so.
Kavala, who is in Silivri prison on the outskirts of Istanbul, did not participate in the hearing in line with an October statement that he would no longer attend trials via video conference because he didn’t have faith the court would deliver a fair trial.

Kavala, 64, is accused of financing nationwide anti-government protests in 2013, attempting to overthrow the government by helping orchestrate a coup attempt three years later and espionage. He denies the charges, which carry a life sentence without parole.
He was acquitted in February 2020 of charges in connection with the 2013 Gezi Park protests. As supporters awaited his release, Kavala was rearrested on new charges. The acquittal was later overturned and linked to charges relating to the 2016 coup attempt, which the Turkish government blames on the network of US-based Muslim cleric Fethullah Gulen, who denies any ties to the coup.
That trial is now part of a merged case involving 51 other defendants, including fans of the Besiktas soccer club who were acquitted six years ago of charges related to the Gezi protests before that decision also was overturned. Kavala is the only jailed defendant.

“His continued imprisonment for 1,539 days is the continuation of lawlessness identified by the European Court of Human Rights,” Bayraktar his lawyer said. “End this lawlessness today so our client gets his freedom.”
In October, Kavala’s case also caused a diplomatic crisis between Turkey and 10 Western countries, including the United States, France and Germany, after they called for his release on the fourth anniversary of his imprisonment.
Turkish President Recep Tayyip Erdogan openly disdains Kavala, accusing him of being the “Turkish leg” of billionaire US philanthropist George Soros, whom Erdogan alleges has been behind insurrections in many countries. He threatened to expel Western envoys for meddling in Turkey’s internal affairs.
The European Court of Human Rights’ 2019 decision said Kavala’s imprisonment aimed to silence him and other human rights defenders and wasn’t supported by evidence of an offense.
The Council of Europe, a 47-member bloc that upholds human rights, notified Turkey in December that it intended to refer the case to the court to determine whether Turkey refused to abide by final judgments, which are binding. It called on Turkey to release Kavala immediately and conclude the criminal procedures without delay. It asked Turkey to submit its views by Jan. 19 before a Feb. 2 session of the council.
Kavala is the founder of a non-profit organization, Anadolu Kultur, which focuses on cultural and artistic projects promoting peace and dialogue. https://humanrightsdefenders.blog/2020/09/16/osman-kavala-and-mozn-hassan-receive-2020-international-hrant-dink-award/

The next hearing is scheduled for Feb. 21.

next: https://www.amnesty.org/en/latest/news/2022/03/turkey-osman-kavala-and-co-defendants-must-be-acquitted-of-all-charges/

https://www.arabnews.com/node/2006211/middle-east

https://www.whio.com/news/world/turkish-court-rules/GT56VN3YVPXZYAHFJ6FCKYKRE4/

Posted in human rights, Human Rights Defenders | 3 Comments »
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