Posts Tagged ‘illegal detention’

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Civil Society condemns charging of Human Rights Defenders in Cambodia

May 4, 2016

On 2 May 2016, a broad range of 59 human rights and civil society organizations condemned the politically-motivated charging of six human rights defenders from a Cambodian human rights group, the country’s National Election Committee (NEC) and the United Nation’s Office of the High Commissioner for Human Rights (UNOHCHR). The targeting of these individuals, five of whom were sent to pre-trial detention today, is the latest escalation in a far-reaching government assault on civil society ahead of upcoming local and national elections, and is a clear reprisal for support provided by rights workers in a politically-sensitive case.

Four senior staff of the Cambodian Human Rights and Development Association (ADHOC) – Ny Sokha, Nay Vanda, Yi Soksan and Lim Mony – were today charged with bribery of a witness under Criminal Code Article 548 and sent to CC1 and CC2 prisons in Phnom Penh. In addition, former ADHOC staffer Ny Chakrya, recently appointed deputy secretary-general of the NEC, and UNOHCHR staffer Soen Sally were charged as accomplices to bribery of a witness (Criminal Code Articles 29 & 548). Ny Chakrya was sent to Police Judiciare (PJ) prison. If convicted, all six could be sentenced to between five and ten years’ imprisonment.

The six human rights defenders were summoned by the Anti-Corruption Unit (ACU) for questioning last week and all but the UNOHCHR staffer subject to at least four days of interrogation – firstly by the ACU and then by the prosecutor – in relation to a complaint signed by Khom Chandaraty, also known as Srey Mom. The complaint was lodged following her questioning by anti-terrorism police and a prosecutor about an alleged affair with deputy opposition leader Khem Sokha, after ADHOC responded to Srey Mom’s request for legal and material assistance. In the context of such support, ADHOC provided Srey Mom with $204 to cover food and transport costs, including to attend questioning by judicial authorities. This legitimate expenditure of a small sum of money to cover basic expenses of a client is now grotesquely being portrayed by the ACU as bribery and corruption.

The targeting of UNOHCHR staffer Soen Sally by the ACU and the court has disregarded his diplomatic immunity as an employee of the United Nations. The ACU, and later the Prime Minister himself, both argued that Soen Sally does not enjoy such protection.

The case is a farcical use of both the criminal justice system and state institutions as tools to intimidate, criminalise and punish the legitimate activities of human rights defenders and civil society. The ACU was created to tackle the endemic corruption prevalent in Cambodia, not to operate as a vehicle for government repression of civil society. The involvement of Ministry of Interior Central Security officers alongside ACU personnel dealing with the case clearly demonstrates the securitization of civil society activities.

Under international human rights law, including treaties that Cambodia has ratified, Cambodia is legally bound to respect and protect the human rights of all people under its jurisdiction, including the rights to freedom from arbitrary deprivation of liberty, and freedom of expression, association and peaceful assembly.

“The charges brought against the six human rights defenders are blatantly politically-motivated and a direct attack against those serving people who fall prey to Cambodia’s government,” said Naly Pilorge, LICADHO director. “These mounting attacks represent an alarming tightening of the noose around civil society and those who work to uphold human rights, and clearly show that the government’s ultimate aim is total control ahead of the upcoming elections.”

Civil society reiterates its strong condemnation of the charges, demands the release on bail of the five and reaffirms the rights and fundamental freedoms of peaceful human rights defenders to conduct their activities free from threats and punishment. We further call for the judicial investigation to be conducted impartially and call for an end to executive interference in the judiciary.

This statement is endorsed by:

  1. Alliance for Conflict Transformation (ACT) 
  2. Boeung Kak Community 
  3. Boeung Trabek Community 
  4. Borei Keila Community 
  5. Beung Pram Land Community
  6. Building and Wood Workers Trade Union (BWTUC) 
  7. Building Community Voice (BCV) 
  8. CamASEAN Youth
  9. Cambodia Development People Life Association 
  10. Cambodian Alliance of Trade Unions (CATU) 
  11. Cambodian Center for Human Rights (CCHR) 
  12. Cambodian Domestic Workers Network (CDWN)
  13. Cambodian Food and Service Workers’ Federation (CFSWF) 
  14. Cambodian Human Rights Action Committee (CHRAC)
  15. Cambodian Independent Civil-Servants Association (CICA) 
  16. Cambodian Independent Teachers Association (CITA) 
  17. Cambodian Informal Economic Workers Association (CIWA)
  18. Cambodian Labour Confederation (CLC)
  19. Cambodian League for the Promotion & Defense of Human Rights (LICADHO) 
  20. Cambodian NGO Committee on CEDAW (NGO-CEDAW)
  21. Cambodian Tourism and Service Workers Federation (CTSWF) 
  22. Cambodian Youth Network (CYN) 
  23. Center for Alliance of Labor and Human Rights (CENTRAL) 
  24. Christians for Social Justice
  25. Coalition for Integrity & Social Accountability (CISA) 
  26. Coalition of Cambodian farmer Community (CCFC) 
  27. Community Legal Education Center (CLEC)
  28. Community Peace-Building Network (CPN)
  29. Equitable Cambodia
  30. FIDH, within the framework of the Observatory for the Protection of Human Rights Defenders
  31. Former Boeung Kak Women Network Community 
  32. Forum Asia
  33. Gender and Development for Cambodia (GADC) 
  34. Housing Rights Task Force (HRTF) 
  35. Independent Democratic Association of Informal Economic (IDEA) 
  36. Independent Monk Network for Social Justice (IMNSJ)
  37. Indigenous Youth at Brome Commune, Preah Vihear Province 
  38. Indradevi Association (IDA) 
  39. Land Community, I Village Preah Sihanouk Province 
  40. Land Community, Prek Chik Village, Koh Kong Province 
  41. LICADHO Canada
  42. Lor Peang community, Kampong Chhnang Province 
  43. Mother Nature 
  44. Peace Bridges Organization (PBO)
  45. Phnom Bat Community 
  46. Phum 23 Community
  47. Ponlok Khmer 
  48. Prek Takung Community
  49. Prek Tanou Community 
  50. Samakum Teang Tnaut (STT) 
  51. SOS International AirPort Community 
  52. Strey Khmer
  53. Thmor Kol Community (TK)
  54. Toul Sangke B Community 
  55. Tumnop II Community
  56. Urban Poor Women Development
  57. Wat Than Monk Network
  58. World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
  59. Youth Resource Development Program (YRDP)

On 28 April 2016, 27 non-governmental organisations (NGOs) had already signed a joint statement calling on the authorities to cease harassment of human rights defenders [http://www.transparency.org/news/pressrelease/transparency_international_calls_on_the_cambodian_authorities_to_stop_haras]

For earlier posts on Cambodia: https://thoolen.wordpress.com/tag/cambodia/

Sources:

Cambodia: Civil Society Condemns Charging of Human Rights Defenders / May 2, 2016 / Urgent Interventions / Human rights defenders / OMCT

https://www.hrw.org/news/2016/05/03/cambodia-cease-campaign-curtail-rights-monitoring

http://www.phnompenhpost.com/national/kem-sokha-summonsed-over-sovantha-suit

 

Posted in HRW, human rights, Human Rights Defenders, OHCHR | 2 Comments »
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Classic case of judicial harassment – this time Joel Ogata in Kenya

March 16, 2016

Frontline NEWlogos-1 condensed version - croppedreports on the use of fabricated charges against human rights defender Joel Ogata in Kenya. The story serves as a perfect illustration of how extractive industries (or the States on their behalf) keep human rights defenders tied up in court proceedings through judicial harassment and even manage to get them detained. Read the rest of this entry »

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Teo Soh Lung: Human Rights Defender from Singapore

February 5, 2016

This month’s profile of a human rights defender in the ISHR Monitor is that of  Teo Soh Lung, Director of Function 8 Limited. The interview was conducted during the Universal Periodic Review (UPR) of Singapore.

Soh Lung started her career as a lawyer with no intention of becoming a public figure, but ‘I always felt that as lawyers we should do more than just earn a living.’  Early in her career Soh Lung worked at a Catholic centre, a form of half-way house, which assisted people ranging from migrant workers, Filipino domestic workers to former convicted offenders. ‘We were happily busy doing this kind of work, not thinking that we were ‘defenders’ as such.’ 

In the early 1980s, Soh Lung became active in the Law Society of Singapore and with a number of other lawyers established the criminal legal aim scheme. In association with the Law Society she started to comment on bills proposed by the Government. ‘We thought, as lawyers we should assist the Government by commenting on bills. Singapore was a one-party State at this time. However, the Government did not want to hear our opinions and soon afterwards a law was passed which restricted our right to comment on bills.’  

On 21 May 1987 Soh Lung was arrested without charge as permitted by the Internal Security Act (ISA). Around this time 21 other young people including lawyers involved in the Law Society were also arrested. ‘I was accused of trying to overthrow the Government and manipulating the Law Society – I was made out by the Government to be the ring leader.’ 

Months later, those detained were released. Given no one knew the truth about what had transpired, 9 out of the 22 arrested decided to publish a press statement which denied the Government’s story and confirmed that they had been tortured while in detention. The next day the 8 of the 9 were re-arrested (the ninth was out of the country). ‘Our cells were incredibly dirty. There were slits for air. I was in solitary confinement the entire time, other than a lizard and insects that kept me company.’ 

While detained, Soh Lung commenced habeas corpus proceedings, arguing that she had been unlawfully detained. ‘Initially Francis Seow, the former Solicitor General, represented my case. However, when he came to the prison to interview me he himself was arrested because he was communicating with international human rights bodies and the American Ambassador – the Government alleged he was receiving money from the CIA. He spent 72 days in jail.’ Soh Lung referred to the difficultly she had finding lawyers to represent her. ‘Historically anyone that represented ISA detainees were then detained themselves.’

When the Court handed down its decision, it decided Soh Lung’s case on technical grounds. This meant that her substantive argument had not been considered – and most importantly – that she could be re-arrested as and when the Government wished. ‘As soon as we stepped outside of the prison gate I was re-arrested. This was, and still is not, unusual. The judicial system doesn’t have any power to keep people free if the Government wants them to remain imprisoned.’  Soh Lung was in prison for another 2 years, during which time the law changed and the right to judicial review, as well as the Privy Council were abolished.

‘As a lawyer if you start a fight, you need to fight until the end. After my appeals of my re-arrests were unsuccessful and the change to the law, I realised there was nothing more I could do with the judiciary to ensure my release. In 1990 after two years of detention, I was released with restrictions.’   It took Soh Lung 20 years to publish the book she wrote about her detention the year after she was released.

‘I knew people would continue to be treated as I was if I didn’t speak out about it. There were people who were arrested before me under the ISA, but I didn’t know about this when I was arrested. I wanted to create awareness within civil society.’  The civil society movement, and in particular ISA defenders, in Singapore went quiet in the 1990’s after Soh Lung’s arrest, but regained strength and became more active about the time of the release of her book and her story.

‘In 2013 there was an event on the 50th anniversary of Operation Cold Store during which names of those who had been arbitrarily detained were made public. A few years after the event, there were 1315 names on the list – which was initially a list of about 700. After all this time and among others who had similarly suffered, people had the strength to speak out about their experience.’ 

In 2010 Soh Lung and others detained with her established Function 8, an NGO which submits on indefinite imprisonment without trial that is currently permitted by three Singaporean statutes – the Internal Security Act, the Criminal Law (Temporary Provisions) Act and the Misuse of Drugs Act. Soh Lung travelled to Geneva as an observer on behalf of the Alliance of Like-Minded Civil Society Organisations in Singapore (ALMOS) during Singapore’s UPR. ‘We are excited about engaging more with the UPR. It is a new process for us. One which we believe can assist to hold Singapore accountable to its international obligations and bring about national change, and hopefully one day, the repeal of the ISA.’ 

Source: Defender profile: Teo Soh Lung from Singapore | ISHR

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Letter from legal experts on detained lawyers in China

January 19, 2016

On 18 January 2016 Human Rights Watch published an open Letter from Legal Experts on detained lawyers in China. [https://thoolen.wordpress.com/2015/07/29/the-remarkable-crackdown-on-lawyers-in-china-in-july-2015/]. The letter, reproduced below, tries to link the Chinese leaders to their earlier promises that ‘China is a country ruled by law’ and that ‘every individual Party organisation and Party member must abide by the country’s constitution and laws and must not take the Party’s leadership as a privilege to violate them.’ It concludes that the events described appear entirely contrary to those commitments. The list of signatories is impressive.  Read the rest of this entry »

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Human rights defenders Sui Muqing and Huang Liqun in China released

January 7, 2016

On 6 and 7 January 2016, human rights lawyers Mr Sui Muqing and Mr Huang Liqun in China were released from police custody reports Front Line Defenders on 7 January.  The two human rights defenders were detained on 10 July 2015 in the midst of a nationwide crackdown on human rights lawyers [https://thoolen.wordpress.com/2015/07/29/the-remarkable-crackdown-on-lawyers-in-china-in-july-2015/] and placed under ‘residential surveillance at a designated location‘. Article 73 of the Criminal Procedure Law allows for the detention of suspects in state security, terrorism and serious bribery cases for up to six months in undisclosed locations, under the guise of ‘residential surveillance’. The authorities are not obliged to specify the place of detention or notify the suspect’s relatives or legal representative of the reasons for the residential surveillance in cases relating to the three charges, if doing so may “interfere with the investigation”. Neither of the human rights defenders were permitted access to lawyers during their six months’ detention. https://frontlinedefenders.org/node/29112

(Sui Muqing is a Guangzhou-based human rights lawyer who has represented a number of other human rights defenders, including Guo Feixiong, and has suffered harassment, intimidation and travel bans as a result of his work. Huang Liqun is a human rights lawyer with Beijing Fengrui Law Firm, a firm specifically targeted by the authorities in Beijing. Six other lawyers with the firm remain in detention).

Up to 20 other human rights defenders in the July crackdown are still in detention.

 

 

 

 

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Merry Christmas in Angola: Nicki Minaj performs but not for human rights defenders

December 18, 2015

  Nicki minaj algora.

Nicki Minaj and Jose Eduardo dos Santos. Photo illustration by Sofya Levina. Images by Frazer Harrison/Getty Images and Alexander Joe/Getty Images.

The Human Rights Foundation (through  and ) is asking whether Nicki Minaj will “take the high road or a blood diamond paycheck“?  On Saturday afternoon the American rapper Nicki Minaj will bring her award-winning talent to the Angolan capital of Luanda. It isn’t a world tour stop, but a special engagement at a “Christmas Festival” sponsored by Unitel, a telecommunications company controlled by Angola’s dictatorship.

[Two years ago, Mariah Carey was paid $1 million to perform in Angola at another one of the regime’s holiday parties. Since she had promised to never perform for dictators again after singing for Libya’s Qaddafi family, the public wasn’t forgiving the second time around. The result was a global PR scandal that led Carey to sever ties with Jermaine Dupri, the manager who arranged the visit. – https://thoolen.wordpress.com/2013/12/19/mariah-carey-needs-better-informed-staff-and-donate-her-1-million-fee-to-human-rights-defenders-in-angola/].

The situation of human rights defenders in Angola is most precarious:

15 pro-democracy activists were detained in June 2015 and their trial started only after almost five months of arbitrary detention. The persons on trial include rapper (!) Henrique Luaty Beirão (a.k.a. Brigadeiro Mata-Frakuxz), Manuel Nito Alves, Nuno Alvaro Dala, Nelson Dibango Mendes Dos Santos, Alfonso Jojo Matias (a.k.a. Mbanza Hamza), Sedrick de Carvalho, Fernando António Tómas (a.k.a. Nicola Radical), Hitler Chiconda (a.k.a. Samussuku), Italiano Arante Kivuvu, Benedito Dali (a.k.a. Dito Dali), Albano Bingobingo (a.k.a. Albano Liberdade), José Gomes Hata (a.k.a. Cheik Hata), Inocénio De Brito (a.k.a. Drux), Domingos da Cruz as well as of Osvaldo Caholo. (Ms. Rosa Kusso Conde and Ms. Laurinda Manuel Gouveia are also facing the same charges, but are not detained. [The Angola 15 are youth activists arrested in June 2015 for discussing democratic reforms and peaceful protest. Most of them are known pro-democracy activists, who have been organizing peaceful protests often repressed by the authorities against the 35-year-regime of Angolan President Eduardo Dos Santos since 2011. On September 16, 2015, they were charged with “preparatory acts of rebellion” and “plotting against the President and other institutions”, both of which constitute crimes against the security of the Angolan State. Several experts and international institutions have called for their release, including the European Parliament and the UN Special Rapporteur on the situation of human rights defenders, Michel Forst.]

On 15 December 2015 the Luanda Provincial Tribunal approved the request of the Public Prosecutor to place the pro-democracy activists detained since June 2015 under house arrest as of December 18. According to a public statement made by the General Attorney, this decision precedes the entry into force on December 18, 2015, of a new legislation on preventive measures adopted in September 2015, aimed at reducing prison overcrowding and excessive pre-trial detentions – and thus not the result of international pressure!. “The decision to place the Angola 15 under house arrest is a positive step towards the recognition of their rights. The Angolan authorities must now end all forms of judicial harassment against the activists and put an end to their ordeal by immediately and unconditionally releasing them”, FIDH President Karim Lahidji said. 

On 18 June 2015 the Observatory for the Protection of Human Rights Defenders condemned the sentencing of journalist Rafael Marques de Morais to a six month suspended jail term, despite an out of court settlement previously announced. [see also: https://thoolen.wordpress.com/tag/rafael-marques-de-morais/]

Interesting is also to note here how two quasi-NGOs (in the NGO world, called GONGOs – Governmental Non-Governmental Organizations –  masquerading as protectors of the rights of the people while working as the mouthpiece for the government) tried to block a resolution by the NGO forum surrounding the session of the African Commission on Human and Peoples’ Rights in November 2015.

Front Line Defenders also has followed the case of the Angola 15 and other human rights defenders in detail: https://www.frontlinedefenders.org/search/node/angola 

Sources:

Nicki Minaj shouldn’t perform for Angolan dictator Jose Eduardo dos Santos.

http://www.omct.org/human-rights-defenders/urgent-interventions/angola/2015/12/d23533/

https://www.fidh.org/en/issues/human-rights-defenders/angola-the-angola-15-must-be-released-and-their-right-to-a-fair-trial

http://newint.org/blog/2015/12/16/angola-human-rights-trial/

http://allafrica.com/stories/201511051396.html

https://www.fidh.org/en/region/Africa/angola/angola-rafael-marques-de-morais-sentenced-to-a-six-month-suspended

Posted in FIDH, Front Line, human rights, Human Rights Defenders, Observatory for the Protection of Human Rights Defenders, OMCT | 2 Comments »
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Another Egyptian journalist detained on unknown charges

December 1, 2015

Khadeega Gafar

Ismail’s wife, Khadeega Gafar, rings alarm bell [Khadeega Gafar]

Ismail Alexandrani was detained after flying back from Berlin, where he attended counter-terror summit. The Egyptian investigative journalist and human rights activist was arrested after being questioned at Hurghada International Airport, his wife said, adding that the accusations or charges against him have still not been revealed.

 

Since 2013, Egyptian authorities have cracked down on freedom of expression after the ouster of Mohamed Morsi of the Muslim Brotherhood. Angelita Baeyens, programmes director at the Robert F. Kennedy Human Rights organisation in Washington DC, said that Egypt’s crackdown on free speech is of “deep concern”.”Although the charges against Alexandrani, if any, and the particular circumstances of his detention have not yet been made clear,” she said, “the ongoing harassment of activists, independent journalists, and human rights defenders in Egypt remains a deep concern and raises serious questions about the country’s commitment to respecting the rights of its citizens to freedom of expression and association.”

“Some members of the Muslim Brotherhood attended [the Berlin conference], but Ismail is critical of the Muslim Brotherhood,” Khadeega Gafar said “The security services know this. He’s criticised them [the Muslim Brotherhood] on social media. he is anti-Muslim Brotherhood”

A state security prosecution hearing is expected in New Cairo on Tuesday morning, added Gafar, who is in touch with human rights organisations and lawyers. “How can I express how I am feeling? I am not in a good state,” she said. “I am not in communication with him, so every piece of information comes to me with a contradiction. I have no life for now. It’s just about finding out where he is, whether he is OK, and what he is accused of.”

According to Human Rights Watch, more than 3,700 civilians have been charged in military courts since October 2014, when President Abdel Fattah el-Sisi expanded the jurisdiction of military courts for a two-year period. Many of those civilians were charged in the military courts “for acts related to protesting and [alleged affiliation with] the Muslim Brotherhood”.

Source: Award-winning Egyptian reporter held on unknown charges

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Closing Civil Society Space – a euphemism for Killing Human Rights Defenders

November 30, 2015

The Huffington Post of 29 November 2015 carried a good piece by Brian Dooley (Human Rights First) under the title “When Closing Civil Society Space Means Killing Human Rights Defenders”. He states that “what sometimes gets overlooked in the discussion around “shrinking civil society space” are direct, violent attacks on human rights defenders.”

He refers to this year’s Report of the UN Special Rapporteur on the situation of human rights defenders (HRDs) which details killings of HRDs in Africa, the Americas, Asia-Pacific, Europe and the Middle East. And a Note by the UN Secretary-General in July this year included how “defenders also describe their sense that they are often on their own, with the media showing little interest in reporting acts of aggression against them and with little support from political figures…”

Read the rest of this entry »

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Front Line award winner Guo Feixiong sentenced to six years in prison

November 29, 2015

Frontline NEWlogo-2 full version - croppedOn 27 November 2015, Mr Guo Feixiong was sentenced to six years in prison by the Tianhe District People’s Court in Guangzhou, China. Two other human rights defenders, Liu Yuandong and Sun Desheng, received three and two and a half year sentences respectively. In September, Guo Feixiong (pen name of Yang Madding) was awarded the 2015 Front Line Defenders Award for Human Rights Defenders at Risk [https://thoolen.wordpress.com/2015/09/12/2015-front-line-defenders-award-to-chinese-guo-feixiong-yang-maodong/].

Guo Feixiong was sentenced to six years in prison on charges of “gathering crowds to disturb social order” and “picking quarrels and provoking trouble”. The latter charge was reportedly added by the judge at the sentencing and therefore one that Guo Feixiong’s lawyers had no opportunity to defend him against, and which resulted in two years being added to his sentence. Liu Yuandong was sentenced to three years, while Sun Desheng was sentenced to two and a half years, both on charges of “gathering crowds to disrupt public order”.

Since his detention in 2013, Guo Feixiong has reportedly been held in a 30 sq metre cell with 30 other detainees. Furthermore, he has been denied permission to go outside or exercise in the prison yard since his initial detention and has alleged ill-treatment by the prison guards. According to his lawyer, Mr Zhang Lei, Guo Feixiong’s health has suffered greatly as a result. It has also been reported that Sun Desheng had had his hands cuffed and legs shackled for long periods after his detention.

 

 

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Azerbaijan’s Intigam Aliyev receives IBA Human Rights Award 2015

October 9, 2015

Intigam Aliyev, President of the Legal Education Society (LES), Azerbaijan, was today named the winner of the 2015 International Bar Association (IBA) Human Rights Award. The Award was presented by IBA President, David W Rivkin. A political prisoner in Azerbaijan, Mr Aliyev was unable to collect the Award in person. His son and daughter travelled to Vienna and collected the Award, on Friday 9 October, on his behalf. For more on the IBA award: http://www.brandsaviors.com/thedigest/award/iba-human-rights-award 

In a letter read by his son Necmin Kamilsoy, Mr Aliyev said, ‘When I heard about this prestigious Award, I felt honour and happiness with sadness at the same time. Today, in my country, my friends, colleagues, conscientious people, are facing prosecutions, pressures, and imprisonments. They deserve this award at least as much as I do. Therefore, I am accepting this award on behalf of them. I share my deep gratitude with the IBA for appreciating my efforts in such a way, as well as with all organisations that nominated me for this award.’

Mr Aliyev won earlier the Homo Homini Award (2012). https://thoolen.wordpress.com/2013/03/07/azerbaijan-harasses-human-rights-defenders-even-the-recipient-of-the-homo-homini-award/

To read Mr Aliyev’s acceptance letter in full click here.

Source: HRI – Intigam Aliyev receives IBA Human Rights Award 2015 for outstanding contribution to human rights

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