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 Lawyersand Fair Trial Watchare 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
Meanwhile on 11 February, 2016 the Human Rights Foundation drew attention to the case of journalists Can Dündar and Erdem Gül, and urges the government of Turkey to drop the arbitrary charges imposed on them. On November 26, Dündar, the editor-in-chief of the newspaper Cumhuriyet, and Gül, the Ankara bureau chief, were arrested based on a criminal complaint filed against them by President Recep Tayyip Erdogan. The complaint stems from a report published in Cumhuriyet on May 29, 2015 with photos and video footage claiming that Turkey’s National Intelligence Organization secretly armed Islamist rebel groups in Syria. The two journalists are being held at the high-security Silivri prison west of Istanbul. They are currently awaiting trial and facing up to life in prison.
Source: Vedat Arik/AP
“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.
India is often called the largest democracy on earth and it does merit praise for sticking to a fair degree of rule of law in spite of severe problems such as security and poverty. Still, regular and reliable reports on the fate of human rights defenders in India give us pause to think. What follows is a collection of just some recent cases, illustrating the well-argued piece by Srishti Agnihotri (a lawyer appearing in Trial Courts and the Delhi High Court, involved in research and advocacy on women and children) under the title “Who is defending the defenders in India: Human Rights” on 22 February 2016.
The article starts by mentioning the attack on Soni Sori (see more below on her). Reports suggest that oil paint mixed with chemicals was thrown on her face by unknown assailants. This attack, … and other reports of intimidation of persons such as lawyers and journalists working in the Jagdalpur area raises the question of the safety of human rights defenders and shows that there isn’t enough being done by the State machinery to defend the defenders….
Srishti Agnihotri then makes the interesting point that “it is not necessary to be correct to qualify as a human rights defender”. E.g. the criticism of Human Rights Defenders on a particular development project may not be legally correct. However, this does not and should not disentitle them to the protection of the State against violence and reprisals. The reason for this will become clear when we examine the role human rights defenders play in a society.
These Defenders face problems, in many parts of the world, and India is not an exception. Often the work being done by human rights defenders brings them in conflict with vested interests such as the land mafia, the mining lobby, or other corporations. A case in point is the story of Satyendra Dubey, an officer in the Indian Engineering Service, who lost his life due to exposing corruption in a highway construction project. At other times, the advocacy done by them requires them to be critical of the State action including in areas where there is considerable unrest….
This gives room for propaganda that human rights defenders or NGOs are ‘anti-development’ or even ‘anti-national’. It leads to them facing the wrath of more draconian security legislations, or attacks on them by vested interests. It is very easy to make the mistake of thinking ‘Why should we use state resources to protect those who are critical of the State? The obvious answer, is that the State may not always be correct. Given the great power state and corporate entities enjoy, their ability to make mistakes if unchecked is also correspondingly large. A hard reckoning of the work done by human rights defenders shows that they act as an essential check and balance on the State, and throw light on existing state-industry nexus, to protect the rights of people. The State derives its legitimacy from an implicit contract with its citizens, which necessitates a mechanism to check that the State adheres to this contract, and this is a function carried out by the human rights defenders. In this sense, human rights defenders are necessary for a healthy functioning democracy.
………
While there are general laws that can be (and are) used to protect these defenders, but those working for the enactment of a special law argue that the role of the law is also to play a certain ‘normative, expressive and educative’ function. By this, they mean that a special law to protect human rights defenders will also confer legitimacy on the work that they are doing, and create an enabling environment where they may do so peacefully.
Of course, the enactment of a special law is not adequate to ensure the protection of human rights defenders. It has to go hand in hand with better law and order, better legal services in areas where these defenders work, transparency in governance, toleration of dissent by the State machinery, and continued proactive action by the Focal Point for the protection of Human Rights Defenders, at the National Human Rights Commission.
This focal point is involved in providing assistance to such Rights defenders, and following alleged violations of their rights. Although there has been greater collaboration between the NHRC and Human Rights defenders, much needs to be done to ensure that defenders can work in a safe and enabling environment.
The Times of Indiaof 10 February 2016 takes to task the State of Chhattisgarh – echoing Amnesty India – that it should do more to protect a woman journalist, Malini Subramaniam, in Bastar. “This attack is another indicator of the increasingly hostile atmosphere in which journalists and human rights defenders operate in Chhattisgarh,” said Makepeace Sitlhou, Campaigner at Amnesty International India. Malini herself said: “This is not an attack on me as a person but as a journalist reporting incidents on the ground, something that they don’t want“. [The statement said, a group of over 20 people gathered outside the home of journalist Malini Subramaniam on February 7. They urged her neighbours to stone her house and chanted slogans suggesting that she was an agent for Maoist armed groups. Later that day, an anti-Maoist group released a public statement accusing her of presenting a distorted picture of Bastar and promoting Maoist ideology.]
On 21 February 2016 Saurav Datta in Catchnewsposes the question “Why is Chhattisgarh govt scared of human rights defenders?“. Isha Khandelwal, Shalini Gera and Nikita Agarwal,all in their late 20s, keep looking furtively behind their backs while packing her bags from Jagdalpur in western India’s Chhattisgarh district. They are afraid that a posse of policemen may descend upon them and subject them to custodial torture. They also fear that that they would be implicated under various provisions of the Chhattisgarh Special Security Act, a law roundly criticised by civil liberties activists as being dangerously oversweeping in its scope and ambit. The moot question here is – why should be a ragtag coalition of lawyers, operating on a shoestring budget, be subjected to state repression? The piece then goes into the background of the Indian system of legal aid and how the state administration undercuts all this in practice.
Front Line – on 22 February 2016 – also reported the attack on human rights defender Soni Sori who was assaulted on 20 February by three unidentified men as she travelled from Jagdalpur to her home. The perpetrators halted the vehicle and threw a black substance on her face, resulting in intense burning and her hospitalization. She is a human rights defender who advocates for the rights of indigenous peoples in India, with a focus on women’s rights. She works in Chhattisgarh, where the long-term conflict between Maoists and government security forces has greatly affected the indigenous people in the area. During the attack, the perpetrators threatened to carry out a similar assault on the daughter of Soni Sori, lest the human rights defender halt the efforts she had undertaken to bring justice against a high-ranking police official from the Bastar district of Chhattisgarh. Soni Sori had recently been attempting to file a complaint against the police official in relation to their involvement in an alleged extra-judicial killing in the Mardum area of Bashar. In July 2015, the police official in question allegedly called for the “social exclusion” of the human rights defender and members of her family. [Soni Sori has previously been targeted by the authorities on several occasions https://www.frontlinedefenders.org/taxonomy/term/18892 and https://www.frontlinedefenders.org/node/29351]
On 8 January 2016, the Observatory for the Protection of Human Rights Defenders (a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), called on the Indian government to release on bail and stop the ongoing judicial harassment of Mr. Ajimuddin Sarkar. Mr. Sarkar is a renowned human rights defender who has investigated cases of human rights violations perpetrated by the police and Border Security Forces (BSF), and who has been instrumental in denouncing several other human rights violations in Murshidabad district. He was arbitrarily arrested on 22 September 22 and only on 8 December, 2015 released on bail, since the de facto complainant filed an affidavit stating that she did not bring any allegation of rape against Mr. Sarkar and she had no knowledge of the related criminal case against him. Mr. Sarkar is currently receiving medical treatment, both physical and psychological, as his mental and physical health conditions deteriorated significantly during the past months in detention.[The Observatory recalls that it is not the first time Mr. Sarkar has been intimidated, judicially harassed and ill-treated by the police – see background information].
In an article she wrote in Arabic for Global Voices on 15 March 2015, Yara Bader said: “Three years ago, in Damascus, we were surrounded by those whom we knew and loved. Today, so many of them are detained, lost, kidnapped, or fighting for their lives and for the chance to remain on faraway beaches around the world. Alone, all of us, with tired souls but with white hearts.”Read the rest of this entry »
Human Rights Watch just announced that its Alison Des Forges Awardwinners 2015 come from Uganda, Syria, Malaysia and Azerbaijan:
Nisha Ayub, Malaysia
For over a decade, Nisha Ayub has championed the rights of transgender people in Malaysia through support services, legal and policy analysis, and public outreach. Human Rights Watch honors Nisha Ayub for challenging the discriminatory laws that prevent transgender people in Malaysia from living free of violence, fear, and oppression.
Yara Bader, Syria
Yara Bader, a journalist and human rights activist, works to expose the detention and torture of activists – including her husband, Mazen Darwish recently released – in war-torn Syria. She has experienced first-hand how the Syrian government uses its security and intelligence agencies to brutally crack down on independent voices. Human Rights Watch honors Yara Bader for her tremendous courage in speaking out on behalf of Syrian detainees despite grave risks to her safety.
Khadija Ismayilova, Azerbaijan
Khadija Ismayilova, a prominent investigative journalist in Azerbaijan, has dedicated her life to the fight against corruption, for human rights, and for freedom for political prisoners in a country under increasingly harsh authoritarian rule. Human Rights Watch honors Khadija Ismayilova for her extraordinary courage as a journalist and human rights activist in the face of an escalating crackdown on freedom of expression in Azerbaijan. She is currently behind bars. see also: https://thoolen.wordpress.com/2014/12/11/khadija-ismayilova-azerbaijan-is-not-deterred/
Nicholas Opiyo, Uganda
Nicholas Opiyo is a leading human rights lawyer and founder of Chapter Four Uganda, a human rights organization. He has successfully argued several high-level constitutional challenges, including to the notorious Anti-Homosexuality Act of 2013, which was declared null and void in August 2014. Human Rights Watch honors Nicholas Opiyo for his unfaltering dedication to upholding the human rights of all Ugandans by promoting universal access to justice.
The four 2015 honorees will be honored at the Voices for Justice Human Rights Watch Annual Dinners held in more than 20 cities worldwide in November 2015 and March-April 2016. Also two 2014 recipients of the award, Father Bernard Kinvi from the Central African Republic and Dr. M.R. Rajagopal from India will included in this series of events:
Father Bernard Kinvi, Central African Republic
Father Bernard Kinvi is a Catholic priest who directs the hospital at the Catholic mission in Bossemptele, Central African Republic. In early 2014, when sectarian violence devolved into coordinated violence targeting Muslim civilians, Kinvi saved the lives of hundreds of besieged Muslims, whom he gathered from their homes and sheltered in the Catholic church. Despite repeated death threats, Kinvi persisted in protecting those in his charge until they could be taken to safety. Human Rights Watch honors Father Bernard Kinvi for his unwavering courage and dedication to protecting civilians in the Central African Republic.
Dr. M. R. Rajagopal, India
Dr. M. R. Rajagopal is a leading palliative care physician from India who, for more than 20 years, has battled conditions that cause patients to suffer severe pain unnecessarily. As clinician, academic, and activist, Rajagopal is a global force behind efforts to promote and put into practice palliative care as a human right. He built the world’s most successful community-based palliative care program, and he and his organization, Pallium India, played a key role in convincing India’s government to make morphine accessible. Human Rights Watch honors Dr. M. R. Rajagopal for his efforts to defend the right of patients with severe pain to live and die with dignity.
On 25 May 2015 the inaugural PEN Canada/Honduras Award for investigative journalism, ‘Escribir sin Miedo’, was presented in Tegucigalpa, Honduras, to the journalist and documentary filmmaker Fred Alvarado for his essay “HONDURAS: the Process of American Remilitarization and the Failure of the War on Drugs”.
Escribir sin Miedo was organized and launched by the newly established PEN Honduras centre, in partnership with PEN Canada, with funding from the British embassy in Guatemala. “Investigative journalism has never been more important in this country,” said Dina Meza, president of PEN Honduras, “and awards like this recognize the importance of creating a culture in which writers and human rights defenders can address sensitive issues without fearing for their lives.”
And the problems are grave:
– At least 30 journalists have been killed since the country’s 2010 Universal Periodic Review at the United Nations, and at least 48 since 2003. Several were killed even after receiving protection measures, including “precautionary measures” granted by the Inter-American Commission on Human Rights (IACHR). To date the government has obtained convictions in just four of these cases, with the remaining 44 unresolved – an impunity rate of over 90 per cent.
– Frontline reports that Honduran human rights defender, Ms Gladys Lanza Ochoa, continues to face intimidation and harassment following her sentencing to 18-months imprisonment on 26 March 2015. An appeal against the sentencing has been lodged before the Supreme Court of Honduras. [Gladys Lanza Ochoa is Coordinator of the Movimiento de Mujeres por la Paz Visitación Padilla (Honduran Women’s Committee for Peace “Visitación Padilla”), a collective of women human rights defenders from across Honduras who work on issues such as gender violence and women’s participation in public life, in addition to advocating for democracy and human rights in Honduras. Over the last years, Gladys Lanza Ochoa, as well as other members of Visitación Padilla have been regularly victims of threats, intimidation and surveillance in connection with their human rights work (https://www.frontlinedefenders.org/node/19743) Most recently, on 14 May 2015, the human rights defender was followed by unidentified persons riding motorcycles and driving a car that did not bear registration plates. This intimidation occurs right after Gladys Lanza Ochoa’s lawyer launched her appeal before the Supreme Court against her sentence to 18 months in prison https://www.frontlinedefenders.org/node/28385.
– On 25 May 2015 Telesur published a lengthy “Analysis From Reagan to Obama: Forced Disappearances in Honduras” which provides many details on 30 years of horror: “Hondurans today suffer not just from the terror of death squads but from the ravages of three decades of the implementation of neoliberal policy made possible by death squads, which makes them that much more vulnerable.”
– Bertha Oliva, director of COFADEH and winner of the Tulip award, lost her husband Tomas Nativi to forced disappearance by Battalion 316. Nativi was taken from their home by masked agents in 1981 and has never been seen again. Over the years after Nativi’s disappearance, Oliva came to realize that she was not alone, and others had similar experiences of family members being disappeared. In 1982, 12 of these families came together to form COFADEH with the objective of bringing back alive family members who had been disappeared. In the majority of cases throughout the 1980s while Battalion 316 was operating, COFADEH did not succeed in their goal. After the 1980s, COFADEH broadened its scope as an organization not only committed to seeking justice for the families of the disappeared and truth for Honduran society, but also representing and defending victims of human rights abuses, documenting cases, and providing training to raise awareness about human rights. The creation of COFADEH was, in its own words, a “concrete action” in the face of the inactivity of the state to ensure “the right of victims to live and to have due process, among other rights that have been violated.” COFADEH has continued to play a key role in documenting and denouncing human rights abuses and demanding justice, particularly once again in the years since the coup.
Another speaker at the Oslo Freedom Forum (OFF) 2015 was Charlie Hebdo columnist, Zineb El Rhazoui, who paid tribute to her colleagues slain in the January 2015 attacks [she was at the time of the attack abroad] and describes her own experience facing thousands of death threats. In her passionate defense of free speech, El Rhazoui argues that criticism of religion should be encouraged, not avoided. The personal touch in her presentation is moving.
Where possible I like to extend coverage to countries that normally do not figure highly in the news. This press statement of 22 May 2015 from the UN Human Rights Office provides the occasion to zoom in on the Pacific island of Nauru.
Voicing concern over recent amendments to the Criminal Code in Nauru which “unduly restrict” freedom of expression, a United Nations expert on the issue today urged the Government to revoke such measures to fulfil its human rights obligations. “These new laws could be used to muzzle dissenting opinions and deter human rights defenders, academics, journalists, students, politicians and civil society members”, David Kaye, the UN Special Rapporteur on freedom of opinion and expression, warned.
Ambiguous and imposing harsh penalties, the amended Criminal Code also includes up to seven years in prison for a wide range of legitimate expression, according to Mr. Kaye. Nauru has also curtailed the freedom of press. It imposed a prohibitive $6,500 fee for a single entry visa for foreign journalists in 2014.
“Nauru should allow free space for expression without fear of criminal prosecution,” he said, adding that “it should lift all restrictions to access internet and social media, and facilitate access to the media in the country.” Since April, the authorities have blocked access to social media and internet to prevent pornography and “cyberbullying” and to protect the national culture. These restrictions, however, are “designed to prevent asylum seekers and refugees in the country from sharing information on their situation,” stressed the independent expert.
The Office of the UN High Commissioner for Human Rights issued the following statement after the failed coup d’etat in Burundi:
“We are very concerned by developments in Burundi over the past two days, and call on all armed forces and non-state actors to refrain from taking actions which may endanger the lives of civilians and to ensure their protection from the effects of conflict. There is a clear risk that the instability may be prolonged, or even made worse, if there are violent reprisals.
We have received reports of numerous attacks on both private and state media with radio and television stations destroyed, endangering the lives of the journalists who were still inside them at the time. We call for a re-opening of all media outlets and the respect of the independence of journalists. There is also an urgent need to ensure the safety of human rights defenders and journalists. To give just one example, one of Burundi’s most prominent human rights defenders, Pierre-Claver Mbonimpa [Laureate of the MEA in 2007 – ed], has had to go into hiding after receiving death threats.
Those who incite or engage in acts of mass violence are liable to be prosecuted by competent judicial bodies, as reflected in the recent statement by the Chief Prosecutor of the International Criminal Court.
We are also very concerned that political instability and reports of intimidation of civilians could result in an even greater humanitarian crisis. There is a significant increase of refugees fleeing Burundi to neighbouring countries, with reports of rapidly deteriorating sanitary conditions in some locations where large numbers of refugees have gathered, such as Kagunga in Tanzania.”
Colombia‘s Supreme Court sentenced the former head of the country’s secret police to 14 years in prison for spying on officials and journalists. Maria del Pilar Hurtado committed the offenses between 2007 and 2008, targeting political opponents of then-President Alvaro Uribe. UPI reports on 1 May 2015 that a number of human rights organizations, including the International Federation for Human Rights (FIDH) and Oxfam Solidariteit, applauded the convictions, saying it “confirms the existence of a system of espionage, persecution, harassment and threats against opponents, judges, journalists and human rights defenders, designed and organized at the highest levels of Alvaro Uribe Velez’s government.”
[When the allegations surfaced in 2010, Hurtado sought asylum in Panama. Her asylum was later revoked and she turned herself in to Colombian authorities in January. Uribe’s former chief of staff, Bernardo Moreno, was also convicted for his role in the illegal wire taps and was sentenced to eight years of house arrest Uribe has denied any knowledge of the illegal acts. He announced via Twitter on Thursday that he would appear before the Supreme Court on May 5 to answer questions.]
High Commissioner for Human Rights Zeid Ra’ad Al Hussein (second left) at a roundtable discussion during his mission to Burundi.Photo: UN Electoral Observation Mission in Burundi (MENUB)
The UN High Commissioner for Human Rights left Burundi on 15 April with a final exhortation that “Burundian parties must choose the path to democracy and the rule of law“. Only a week later the authorities increased their crackdown on dissent to silence those who oppose a third term for the President.
“This is a critical moment in Burundi’s history,” said UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein during his mission to Burundi. “Its future may well depend on which path is chosen by individual politicians and their supporters, as well as various key authorities, over the next few weeks.”… “And history – and possibly national or international courts – will judge those who kill, bribe or intimidate their way to power.”
He pointed out that recent events were of great concern, with tensions rising sharply over the past few months as the elections approach, reportedly stoked by an increase in politically motivated harassment, intimidation and acts of violence, as well as a reported rise in hate speech. He pointed to “extreme examples of hate speech” heard at a pro-Government political rally in Bujumbura and several examples of attacks on and intimidation of journalists, human rights defenders and opposition politicians.
“I will put it bluntly,” he said “As I prepared for this mission, I talked to many knowledgeable people, within and outside the UN, in Geneva and New York. They were all, without exception, alarmed about the direction the country appears to be taking. The Secretary-General has signalled his concerns, and so has the Security Council.”
He cited the main cause for concern as the pro-Government militia called the Imbonerakure, which he said appeared to be operating increasingly aggressively and with total impunity. People were fleeing the country, with up to 1,000 people per day crossing into Rwanda, and many of those leaving telling UN officials that their reason for leaving is fear of the Imbonerakure.
Mr. Zeid said the Government needed to send a clear message that extremism and impunity would no longer prevail and he added that all political demonstrations needed to be treated equally and in accordance with international laws and standards relating to freedom of assembly. Opposition politicians needed to play a part, too, refraining from inflation or exaggeration of facts to whip up anti-Government support and feed a climate of fear. They also needed to ensure that their supporters protest peacefully, and do not indulge in hate speech or react violently to perceived provocations. He said he had held several meetings since arriving in Burundi on Sunday, including with the country’s top officials, as well as civil society organizations, the National Human Rights Institution (CNIDH), foreign diplomats, opposition politicians, and key State institutions such as the Truth and Reconciliation Commission, the Independent National Electoral Commission, and the President of the Constitutional Court. “During the course of these meetings and discussions, it was very clear that many people here are also extremely worried,” …. “Ultimately, it is the authorities who have the obligation to protect all citizens and residents from intimidation and violence committed by any individual or group. They must also accept that criticism is a vital element of democracy, not a threat that must be crushed.”
A week later Front Line Defendersand the African defenders network EHAHRDP reported inter alia:
a clampdown on human rights defenders and journalists by Burundian authorities in connection with ongoing protests against President Nkurunziza’s bid for a third term widely deemed unconstitutional by Burundi’s civil society (with AP reporting 6 people killed at demonstrations over the weekend)
on 27 April 2015, human rights defender Pierre Claver Mbonimpa was arrested and released a day later without charge after being held in police custody approximately 48 hours [Pierre Claver Mbonimpa, Laureate of the MEA 2007, is the President of the Burundi Association for the Promotion of Human Rights (APRODH). He is also a member of the coalition “Halt to Nkurunziza’s third term”, a peaceful campaign which was launched in January 2015 by several civil organisations to oppose a third presidential term]. In May 2014, Pierre Claver Mbonimpa was also arrested and much later released [https://thoolen.wordpress.com/2014/09/30/news-from-burundi-release-of-human-rights-defender-pierre-claver-mbonimpa/].
an arrest warrant seems also to have been issued against human rights defenders Messrs Pacifique Nininahazwe and Vital Nshimirimana from the Forum for the Strenghtening of Civil Society (FORSC), who are perceived as leading organisers of the campaign against the Nkurunziza’s third term.
state authorities forcibly closed the Bujumbura and Ngozi offices of the African Public Radio (Radio Publique Africaine – RPA), a private radio station of Burundi known for dealing with human rights-related issues
0n Monday morning, police forcibly closed the Media Synergy Press Conference that was taking place at Maison de la Presse in Bujumbura.
“The risks facing human rights defenders in Burundi, as well as the wider civilian population, are now at critical proportions,” said EHAHRDP’s director Hassan Shire.
Source: Vedat Arik/AP
has covered a lot cases in India including in the State of Chhattisgarh such as those of Malini Subramaniam and the members of the 
Hans Thoolen on Human Rights Defenders and their awards 