In this video (published on 14 October 2015) human rights lawyer Amal Clooney tells Amnesty International why she has taken up the case of former President Mohamed Nasheed, former president of the Maldives who was jailed for 13 years on terrorism charges. This hasty trial received universal criticism and the United Nations Working Group on Arbitrary Detention has declared his imprisonment as a violation of international law. Amal Clooney gave this interview after she spoke at a side event organised by Amnesty International to highlight the human rights situation in the Maldives focusing on fair trials and access to justice. https://thoolen.wordpress.com/2015/09/07/mahfooz-saeed-lawyer-of-maldives-ex-president-stabbed/
Others in a similar situation as Nasheed include former Defence Minister Mohamed Nazim, sentenced in March to 11 years for allegedly keeping an unlicensed weapon; former Deputy Speaker of Parliament Ahmed Nazim, sentenced in March to 25 years for alleged corruption. Almost all opposition leaders are either in jail or in exile, fearing arrest and imprisonment if they return. They include Sheikh Imran Abdulla, the leader of Adhaalath Party, who has been detained since May. He is at risk of unfair trial.
As many international NGOs (e.g.: Human Rights First, Front Line, the Human Rights Foundation, ISHR and several trade unions) have already welcomed the release of two human rights defenders in Swaziland, it is perhaps interesting to give the local take on it through an article in the Swaziland Observer of 2 July 2015 at hand of Noxolo Nkabinde: “Bheki, Thulani sacrifice not in vain– SCCCO”.
The Swaziland Coalition of Concerned Civic Organisations (SCCCO) says the sacrifices made by Nation Magazine Editor Bheki Makhubu and human rights lawyer Thulani Maseko were not in vain..“When they wrote those articles, Bheki and Thulani could not have imagined the events that were to follow. They, as concerned members of the public and as human rights defenders, were simply articulating the sentiments of a nation, frustrated and rapidly losing faith in the justice system. As we continue to stand with them, we believe the pain they and their families have gone through is another building-block towards freedom – their sacrifice has not been in vain,” SCCCO said in their statement. They added that their charge, arrest, conviction and imprisonment were never justified and believed they were vindicated.
Interestingly the NGO gives big credits to the judiciary “We commend the judges of the Supreme Court for this ruling. We welcome this, amongst their first acts in office, as a sign that perhaps our judiciary is turning a corner towards the better path of justice. The past few years have increasingly eroded our confidence in the judiciary – the impeachment proceedings of the former chief justice exposed but a fragment of the rot that had set in the judiciary. But as we all know, that situation has been created and nurtured over time, and it’s predilection for injustice has its roots in an environment that is hostile to free speech, in particular the speech that dissents with the status quo. And so our rejoicing is bitter-sweet: this is not about the individuals who previously occupied and abused judicial office; nor is it about their heinous conduct during this and other cases – the problem of the judiciary, just as with the other structures of governance, is systemic, and our new judges and their successors will remain vulnerable to outside influence as long as the structural flaws are not addressed.”
This was also an opportunity to restore both the dignity of and confidence in the judiciary. It could also serve as an opportunity to develop and grow the country’s jurisprudence in a way that promotes a culture of human rights and good democratic governance.
The SCCCO anticipates an era of respect for the rule of law under the new Supreme Court Judges Qinisile Mabuza and Mbutfo Mamba: “We note in the appointments the presence of judges such as Qinisile Mabuza and Mbutfo Mamba who have a proven track record of fairness and we look forward to an era where such judges are not punished for being principled…We call on all the judicial officers, even as they have taken the judicial oath/affirmation of office, to also recall the following constitutional provisions: Whereas all the branches of government are the Guardians of the Constitution, it is necessary that the Courts be the ultimate Interpreters of the Constitution”.
The article adds with a sad note that in the meantime the Swaziland Office of the Media Institute of Southern Africa (MISA) has been closed due to lack of funding.
President of the Australian Human Rights Commission Professor Gillian Triggs:”Were I to receive warm and congratulatory words from the government on a constant basis I think that taxpayers would be justified in asking for my resignation because I wouldn’t be doing my job.”
In March of this year the Australian government attacked Professor Gillian Triggs, President of the Australian Human Rights Commission (AHRC), for having published a critical report on the presence and treatment of children in Australian immigration detention centres. Other differences followed. Gillian Triggs has refused to resign and vowed not to bow to personal “attacks” from senior ministers (Attorney-General George Brandis and Immigration Minister Peter Dutton), who have labelled her a partisan “disgrace” whose position has become untenable. Gillian Triggs said that resigning would be the reverse of what she should do.
Michael Forst, the UN special rapporteur on human rights defenders, wrote to the government calling on it to cease verbal attacks. [In a letter sent to Australia’s mission in Geneva in February 2015, he urged the government to “halt the alleged violations and prevent their recurrence“, saying the government’s response would form part of a report to the UN’s Human Rights Council. In its written response, dated April 24, the government insisted it had not “sought to remove any member of the commission” and “Though the government will not always agree with the Commission’s recommendations, it welcomes a vigorous and diverse human rights debate in Australia, and the Commission plays a constructive role in that debate.“]
This statement is in contrast to Mr Dutton’s continued attacks on Professor Triggs describing her conclusions as “a stitch up”, “lacking credibility”, “biased” and “hopelessly untenable”.. Professor Triggs delivered the keynote address at a human rights dinner in Melbourne only hours after his attack, warning that overreach by the Executive represented “a growing threat to democracy“. She was given a standing ovation by many in the room, with the president of the Court of Appeal of Victoria, Justice Chris Maxwell, declaring: “Tonight we have been privileged to have amongst us one of our foremost warriors. As we have been pleased to see, Gillian, you might be bloodied but you are certainly unbowed.”
The nation’s first federal human rights commissioner, Brian Burdekin, responded on ABC radio: “I’m not sure whether the Prime Minister is presiding over it or whether he’s orchestrating it but [it appears to be] a campaign to denigrate, debilitate and I think possibly destabilise or even destroy an independent commission“.
[Attorney-General George Brandis got a Canberra bureaucrat to offer her a nice job overseas if she decided to retire from AHRC. Labor and the Greens asked the Australian Federal Police to investigate whether this constituted bribery, but Professor Triggs refused to make a formal complaint.]
In mere 17 seconds Khadija Ismayilova,Azerbaijan’s leading investigative journalist and ardent government critic, shows courage and optimism in spite of her arrest. On 5 December 2014 (a few days before Human Rights Day) the Sabail District Court of Baku sent Ismayilova to two-months of pretrial custody, pending investigation on charges of allegedly driving someone to attempt suicide.
The glimmer of hope for Nasrin Sotoudehand Iran which I saw in my post of 6 September [https://thoolen.wordpress.com/2014/09/06/glimmer-of-hope-in-iran-nasrin-sotoudehs-ban-to-practice-overruled/] seems to have been crushed already. Yesterday, 20 october, the Observatory for the Protection of Human Rights Defenders, the joint programme of FIDH and OMCT, has received new information that on 18 October 2014, a three-member disciplinary investigation panel of Tehran’s Bar Association has now suspended Nasrin Sotoudeh’s law license for three years, based on a complaint filed by the Islamic Revolution Court’s Prosecution Office (unlike the first disciplinary panel of the Tehran Bar Association which rejected a similar request). Read the rest of this entry »
(Ravina Shamsadani, Spokesperson for the Office of the UN High Commissioner for Human Rights. Photo: UN Multimedia)
On 17 October 2014 the United Nations High Commissioner for Human Rightsfelt duty bound to express deep concern about a criminal case initiated by the Supreme Court of the Maldives against members of the country’s own official Human Rights Commission!
The Office of the High Commissioner for Human Rights (OHCHR), noted that five members of the Human Rights Commission of the Maldives were now facing “serious criminal charges” following the submission of their written contribution to their country’s second Universal Periodic Review (UPR), presented to the UN Human Rights Council (the actual UPR of the Maldives is scheduled to be held between April and May 2015). “The Government has a responsibility to ensure a safe operating space for the Commission and for civil society actors in the country, so that they are able to coöperate with UN human rights mechanisms without fear of reprisals.” the spokesperson stated.
[It is not the first time the Supreme Court of the Maldives has come under rebuke from OHCHR. In 2013, former High Commissioner for Human Rights Navi Pillay called for reforms to the judiciary to safeguard the rule of law following the Supreme Court’s repeated interventions in the presidential election process in the Maldives which, she said, were undermining the country’s democracy. In that specific case, the Court had nullified the first round of the election on the basis of irregularities in the process, despite conclusions by national and international observers that the election was free and fair.]
On Monday 7 April, an appeals court in Cairo, Egypt, upheld the 3-year prison sentences for three pro-democracy activists on charges of unlawfully organizing a protest and assaulting security officers outside a court on November 30, 2013. The verdict against Ahmed Maher, Ahmed Douma, and Mohamed Adel marks the first usage of the new restrictive law. [None of the three activists were involved in any violence that took place when clashes broke out during the protests. Maher and Douma were inside the courthouse when scuffles ensued, and a police officer attested to the fact that Adel was attempting to pacify protesters.]
With the Ugandan anti-gay law signed by President Museveni last week (in spite of the fascinating news that broke only afterwards that his own daughter came out publicly as lesbian opposing the law), attention on LGBTI rights in Africa has been mostly negative. The more reason to point to a small ‘victory’ in neighbouring Zimbabwe where a mostly independent judiciary had the courage to squash the charges against human rights defender Martha Tholanah of Gays and Lesbians of Zimbabwe (GALZ). Read the rest of this entry »
(Photo Credit: Facebook/Girldy Lareche Dorsinvil and Facebook/Daniel Dorsinvil)
Nicole Phillips in RYOT News of 18 February reports that on Saturday 8 February 2014, Daniel Dorsainvil and his wife Girldy Lareche were shot and killed by an unidentified man who fled the scene on a motorcycle. The double homicide left three children without their parents, Read the rest of this entry »
The International Secretariat of OMCT has been informed by the Greek Helsinki Monitor (GHM), a member of OMCT SOS-Torture network, about the ongoing judicial harassment against Panayote Dimitras, GHM Spokesperson. According to the information received, on 14 January 2014, Mr. Panayote Dimitras received an indictment from the Misdemeanours Prosecutor of Athens, summoning him on 27 February 27 before the Court to stand trial on charges of “perjury” and “defamation” of Mr. Konstantinos Plevris, a member lawyer of the Athens Bar Association.
The accusation relates Panayote Dimitras’ statement as a witness before the First Chamber of the Five Members Appeals Court of Athens on 23 January 2009, during a hearing of a case against Mr. Konstantinos Plevris, who then stood accused of racial discrimination”. During the hearing, Mr. Dimitras testified that “during the last two months Mr. Plevris ha[d]threatened [his] life”. Yet the indictment accuses Mr. Dimitras of making a false statement that could harm the honour and reputation of Mr. Plevris while knowing that it was untrue.
The International Secretariat of OMCT is concerned that Mr. Panayote Dimitras received this indictment merely one week before the charges become time-barred. Although the events took place in January 2009 and a preliminary investigation took place in February 2010, suddenly charges are pressed. The prescription period is now extended by three years.
OMCT is concerned about these new acts of harassment against Mr. Panayote Dimitras, which seems to merely aim at sanctioning his human rights activities, and in particular his activities against discrimination, anti-Semitism and minority rights in Greece, and calls upon the Greek authorities to ensure that he is able to carry out his legitimate activities without any hindrance and fear of reprisals. OMCT recalls that this is not the first time that Panayote Dimitras is facing judicial harassment by Konstantinos Plevris, who has been referred to trial several times for, among others, violation of [anti-racism] Law 927/79, concurrent aggravated defamation, and false accusation following GHM complaints.
For more on this procedurally complex but interesting case see:
(Photo Credit: Facebook/Girldy Lareche Dorsinvil and Facebook/Daniel Dorsinvil)
The International Secretariat of OMCT has been informed by the Greek Helsinki Monitor (GHM), a member of OMCT SOS-Torture network, about the ongoing judicial harassment against Panayote Dimitras, GHM Spokesperson. According to the information received, on 14 January 2014, Mr. Panayote Dimitras received an indictment from the Misdemeanours Prosecutor of Athens, summoning him on 27 February 27 before the Court to stand trial on charges of “perjury” and “defamation” of Mr. Konstantinos Plevris, a member lawyer of the Athens Bar Association.
Hans Thoolen on Human Rights Defenders and their awards 