On 8 June 2016 Human Rights Watch asked the Egyptian authorities to stop persecuting a lawyer and two judges who engaged in the suspicious activity of proposing an anti-torture law!!!
Posts Tagged ‘judicial harasment’
Civil Society condemns charging of Human Rights Defenders in Cambodia
May 4, 2016On 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:
- Alliance for Conflict Transformation (ACT)
- Boeung Kak Community
- Boeung Trabek Community
- Borei Keila Community
- Beung Pram Land Community
- Building and Wood Workers Trade Union (BWTUC)
- Building Community Voice (BCV)
- CamASEAN Youth
- Cambodia Development People Life Association
- Cambodian Alliance of Trade Unions (CATU)
- Cambodian Center for Human Rights (CCHR)
- Cambodian Domestic Workers Network (CDWN)
- Cambodian Food and Service Workers’ Federation (CFSWF)
- Cambodian Human Rights Action Committee (CHRAC)
- Cambodian Independent Civil-Servants Association (CICA)
- Cambodian Independent Teachers Association (CITA)
- Cambodian Informal Economic Workers Association (CIWA)
- Cambodian Labour Confederation (CLC)
- Cambodian League for the Promotion & Defense of Human Rights (LICADHO)
- Cambodian NGO Committee on CEDAW (NGO-CEDAW)
- Cambodian Tourism and Service Workers Federation (CTSWF)
- Cambodian Youth Network (CYN)
- Center for Alliance of Labor and Human Rights (CENTRAL)
- Christians for Social Justice
- Coalition for Integrity & Social Accountability (CISA)
- Coalition of Cambodian farmer Community (CCFC)
- Community Legal Education Center (CLEC)
- Community Peace-Building Network (CPN)
- Equitable Cambodia
- FIDH, within the framework of the Observatory for the Protection of Human Rights Defenders
- Former Boeung Kak Women Network Community
- Forum Asia
- Gender and Development for Cambodia (GADC)
- Housing Rights Task Force (HRTF)
- Independent Democratic Association of Informal Economic (IDEA)
- Independent Monk Network for Social Justice (IMNSJ)
- Indigenous Youth at Brome Commune, Preah Vihear Province
- Indradevi Association (IDA)
- Land Community, I Village Preah Sihanouk Province
- Land Community, Prek Chik Village, Koh Kong Province
- LICADHO Canada
- Lor Peang community, Kampong Chhnang Province
- Mother Nature
- Peace Bridges Organization (PBO)
- Phnom Bat Community
- Phum 23 Community
- Ponlok Khmer
- Prek Takung Community
- Prek Tanou Community
- Samakum Teang Tnaut (STT)
- SOS International AirPort Community
- Strey Khmer
- Thmor Kol Community (TK)
- Toul Sangke B Community
- Tumnop II Community
- Urban Poor Women Development
- Wat Than Monk Network
- World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
- 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:
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
Zimbabwe celebrates by arresting 2 women per day over the last two years
March 8, 2015Of all the stories that reach us at the occasion of International Women’s Day this is perhaps the most astonishing:
Zimbabwe Lawyers for Human Rights (ZLHR) says 1390 women human rights defenders were arrested over the past 24 months.
ZLHR said the women activists were arrested for either staging street protests or petitioning and litigating government with the aim of pressing for political, social and economic rights. Beatrice Mtetwa said: “When these women were arrested they were trying to assert their rights as women first and foremost and as citizens of Zimbabwe”.
Zimbabwe Peace Project National Director Jestina Mukoko said women activists were not enemies of the state. “I do not know why the state thinks that we will be fighting against them. We do not intend to fight against the state but to remind them that we are people whose rights are being violated….But by just reminding them to recognize and respect people’s rights you will find yourself in jail,” [NewZimbabwe.com]
The event on Friday also saw the launching of a book titled “In Their Capacity as Human Rights Defenders: Women”.
Human rights defender Kalimuthu Kandhasamy in Tamil Nadu arrested for using the word human rights!
February 26, 2015HRD Alert – India (a Forum of Human Rights Defenders) and Front Line Defenders have called for the release of Mr Kalimuthu Kandhasamy who was arrested in the morning of 26 February 2015.
[Kalimuthu Kandhasamy is the District Organizer of Citizens for Human Rights Movement (CHRM), which provides legal counsel and assistance to victims of human rights violations in Tamil Nadu, including by providing assistance in complaints before courts, human rights institutions, law enforcement officials and other relevant bodies. The organisation was founded by People’s Watch, an NGO that monitors human rights violations and provides legal assistance to victims in Tamil Nadu. The human rights defender also works as an assistant to a lawyer providing legal representation in People’s Watch’s cases.]
The accusations against Kalimuthu Kandhasamy include, ‘impersonating a public servant’, cheating, and improper use of emblems. And here comes the almost funny part: the charges against Kalimuthu Kandhasamy are reportedly in relation to the fact that CHRM contains the words “human rights” in its title. It is claimed that this is in violation of the Tamil Nadu Societies Registration Act, which reportedly states that no non-governmental institution should have the terms “human rights” in its name (this amendment was made on the recommendation of the Tamil Nadu State Human Rights Commission [SIC] that no non-governmental institution should have the terms “human rights” in its name! Would seem a clear violation of the right to association). The accusations are being brought under sections 170 and 420 of the Indian Penal Code, and Section 5 of the Emblems and Names (Prevention of Improper Use) Act 1950.
The human rights defender denies that either he or CHRM have posed as a public authority.
Russia: The Supreme Court rejects a lawsuit filed against “Memorial”
February 9, 2015On 6 February 2015, the Observatory for the Protection of Human Rights Defenders, an OMCT-FIDH joint programme, welcomed the decision of 28 January of the Russian Supreme Court to reject the complaint filed by the Ministry of Justice against the Society “Memorial”.
[Since its foundation in the final years of the Soviet Union, the network “Memorial”, consisting in a number of independent NGOs under the same society, is known for exposing Soviet-era repression, commemorating victims of violations and monitoring the current human rights situation in the Russian Federation and other post-Soviet countries.]
“The complaint filed by the Justice Ministry, was a clear attempt to harass and discredit the Society “Memorial”, undermine its tremendous human rights work and expeditiously lead to its closure. It followed years of harassment, in the form of defamation through slandering media campaigns and acts of vandalism targeting the group’s headquarters in Moscow.Russian civil society organisations are facing a deep and systematic clampdown”, said OMCT Secretary General Gerald Staberock.
[Human Rights Center “Memorial” is currently fighting a separate battle against an official move to label it a “foreign agent” under the controversial law targeting NGOs that receive foreign funding. Moreover, under a newly proposed piece of legislation, currently debated in the State Duma of the Russian Federation, foreign organisations would face being labelled as “undesirable” and closure and local NGOs engaged in cooperation with such bodies would face criminal charges.]
“While the decision of the Supreme Court dismissing the complaint against the Society “Memorial” should be welcomed, we remain deeply concerned by the constant threats to human rights defenders in the Russian Federation in the context of an ever increasing repressive legal framework and frequent attacks targeting human rights defenders”, said FIDH President Karim Lahidji.
The Observatory recalls in this context the recent brutal attack on lawyer Mourad Magomedov, who works with the Human Rights Centre Memorial in Daghestan, by five unknown men in Makhachkala, Dagestan.
Front Line Annual Report: over 130 human rights defenders killed in 2014
January 15, 2015On Wednesday 14 January, Front Line Defenders launched its 2015 Annual Report, “Human Rights Defenders, Lives in the Balance” which examines in detail the deteriorating situation for human rights defenders (HRDs) around the world in the period January – December 2014.
The report was launched at a press conference in Dublin with as keynote speaker Mary Akrami, Co-founder and Director of the Afghan Women Skills Development Centre which was the first safe house for women and children in Afghanistan.
Mary Akrami, Andrea Rocca, and Mary Lawlor from Front Line Defenders launch the report.
Over the last two years Front Line Defenders has documented a growing global backlash against human rights defenders (HRDs) which has now reached crisis point. Against this backdrop, international human rights institutions as well as governments traditionally supportive of human rights defenders appear to be incapable of forcefully and effectively opposing the shutting down of civil society space.
“This is a crucial political moment. If we are to challenge the systematic erosion of human rights standards there needs to be a more consistent and credible political response, which must give the same priority and resources to creating a safe space for HRDs as authoritarian governments give to closing it down” said Front Line Defenders Executive Director, Mary Lawlor. “There can be no human rights progress if those at the forefront of human rights work are not allowed to work”.
The report highlights:
• that over 130 HRDs were killed or died in detention in the first ten months of 2014 as reported to Front Line Defenders
• Colombia accounted for 46 of those 130 HRDs killed in 2014
• The Americas overall claimed 101 of the 130 HRDs killed in 2014
• Globally, deprivation of liberty and court proceedings were the most widely used strategies to silence and intimidate HRDs
• Repressive laws continued their viral spread across the world with the growth of cut and paste repression as governments replicate legislation
• HRDs are exposed to digital attacks.
For more see: http://www.frontlinedefenders.org/node/27916
Papua: human rights defender Gustaf Kawer at risk of arrest
September 19, 2014Several NGOs (i.a. Front Line and Asian Human Rights Commission) have expressed concern about the human rights defender Gustaf Kawer in Papua, Indonesia.
On 17 September 2014 a plain-clothed police officer visited the home of Mr Gustaf Kawer to deliver a summons in relation to his actions during a court hearing on 12 June 2014. This is the third summons he received since 19 August 2014. Allegedly, the human rights defender threatened and insulted a judge and was therefore subject to an investigation for “crimes against public authority”. As Gustaf Kawer was absent from his home, his wife refused to accept the summons, insisting that it should not be delivered to her.
[Gustaf Kawer received the first summons to appear before the police, to give a testimony, on 19 August 2014. However, according to an agreement between the Indonesian National Police and the Indonesian Bar Association (PERADI) on “Investigatory Procedures for Carrying Out The Profession As Advocate“, any summons issued to lawyers in relation to their work should be directed to PERADI. Since the summons on 19 August had been sent to Gustaf Kawer directly, he declined to appear. On 25 August 2014, a police investigator submitted a second summons to PERADI requesting that Gustaf Kawer appear before the Papua Regional Police headquarters for interrogation on 1 September 2014. The human rights lawyer had to leave his house for a while due to the risk of possible arrest. If prosecuted and found guilty, he could face up to 4 years in prison.]
This is not the first time that Gustaf Kawer has been targeted in connection to his work but after international campaign of solidarity and support, the authorities dropped the case against him (http://www.frontlinedefenders.org/node/27159).
Two more organisations registered as ‘foreign agents’ in Russia
September 2, 2014
comes with the worrying news that on 29 August 2014, Russia added two more prominent human rights groups, the Institute for Freedom of Information and Soldiers’ Mothers of Saint-Petersburg to the list of ‘foreign agents’, which now includes 13 NGOs operating in the Russia. Both human rights groups were previously inspected by the authorities and received official notices from the Prosecutor of illegal activity, for carrying out “political activities” and receiving foreign funding without being registered as foreign agents. Read the rest of this entry »
Guatemala: Human rights defender Telma Yolanda Oquelí goes free because ‘woman cannot carry machete’
July 8, 2014Interesting illustration in Guatemala of how macho notions can get a woman human rights defender off the hook: On 27 May 2014, charges of “false imprisonment”, “coercion” and “threats” (including brandishing a machete) against human rights defender Ms Telma Yolanda Oquelí Veliz del Cid were dismissed by a Court of First Instance. However, the trial against four other community members, who face the same accusations, is set to continue. The decision of the judge to dismiss the proceedings against Telma Yolanda Oquelí Veliz del Cid was partly on the basis that, as a woman, she would not be able to carry a machete. The decision regarding Telma Yolanda Oquelí Veliz del Cid can be appealed by the complainants within three days. Judge Adrian Rolando Rodríguez Arana stated that additional evidence to support the charges against the four other community leaders must be presented by the Prosecutor’s Office on 30 June 2014. The four men are under house arrest and must present themselves to the Justice of the Peace of San José Del Golfo every month. Read the rest of this entry »
Retaliation against Iranian Human Rights Defender for meeting with Ashton
June 12, 2014Reprisals are not limited to human rights defenders cooperating with the UN. Narges Mohammadi, a prominent human rights defender in Iran, told the NGO ‘International Campaign for Human Rights in Iran’ that new charges have been brought against her stemming from her March 8, 2014 meeting with the EU foreign policy chief Catherine Ashton. Mohammadi was charged with “propaganda against the state” and “collusion against national security” for her meeting with Ashton at the Austrian Embassy in Tehran. She was released on $10,000 bail. [Mohammadi was one of several women activists who accepted an invitation to meet the EU foreign policy head during her March visit to Tehran. The meeting took Iranian officials by surprise and unleashed a flurry of criticism by conservatives who described the meeting as “foreign interference in Iranian domestic affairs” and labeled the Iranian participants as foreign collaborators.]
Mohammadi stated: “I have been ‘charged’ with every single civil activity I have engaged in since my release from Zanjan Prison in August 2012, such as participating in gatherings on women’s rights, air pollution, and [Rouhani’s] Citizenship Rights Charter. I was also accused of honoring families of political prisoners at meetings, or attending a gathering with Gonabadi Dervishes in front of the Prosecutor’s Office, or giving interviews to media outside Iran. I told them there that when you fit all my civil activities into these two charges, it means that I must remain silent and still.”
Mohammadi was arrested in 2009 and charged with “assembly and collusion against national security,” “membership in the Defenders of Human Rights Center,” and “propaganda against the state.” She was first sentenced to 11 years in prison, but Branch 54 of the Tehran Appeals Court reduced her sentence to six years in prison. She was released in 2013 for medical reasons after a severe illness in Zanjan prison.



