Posts Tagged ‘judicial harassment’

Algerian human rights defender Halim Feddal sent to preventive detention

November 26, 2019

Front Line Defenders reports that on 20 November 2019, the Public Prosecution in Chlef ordered the preventive detention of human rights defender Halim Feddal, after he was arbitrarily arrested on 17 November 2019. He had been taking part in a peaceful demonstration demanding the release of a number of Algerian political prisoners.

Halim Feddal is the founder and secretary general of the Algerian National Association Against Corruption (ANLC) which works on exposing and fighting corruption in Algeria. He is also a member of the Hirak Movement, which is a grassroots human rights movement that calls for the promotion of civil and political rights in Algeria. The human rights defender frequently participates in peaceful demonstrations in the city of Chlef.

On 17 November 2019, Halim Feddal was arrested by security forces in plain clothes from a peaceful demonstration that he was attending in front of the court in Chlef. The protesters were demonstrating against the politically motivated detention of some members of the Hirak movement. Halim Feddal was taken to a local police station where he spent three days under interrogation and was not allowed to contact his lawyer or his family. On 20 November 2019, the Public Prosecution charged him with “threatening the unity of the country” and “incitement of an illegal gathering”. The Public Prosecution ordered preventive detention for Halim Feddal without scheduling a date for his court hearing.

Human rights defenders in Algeria are continually harassed and arbitrarily detained by the authorities. Halim Feddal has frequently been called to the police station and interrogated about his human rights work. Front Line Defenders is deeply concerned about the detention and harassment of Halim Feddal, and finds the general crackdown on human rights defenders in Algeria increasingly worrying. Front Line Defenders believes that Halim Feddal is being detained solely as a result of his peaceful and legitimate human right work.

Download the Urgent Appeal

https://www.frontlinedefenders.org/en/case/halim-feddal-sent-preventive-detention

Malawi: threats against human rights defenders

July 14, 2019

This is to draw attention to a long-runing battle between civil society and the authorities in Malawi.

The Human Rights Defenders Coalition (HRDC) says it will not be intimidated by arrests of its members. The coalition said on Friday it will continue demanding the resignation of Malawi Electoral Commission Chairperson Justice Dr Jane Ansah. Speaking at a press briefing at the HRDC Offices in Lilongwe, Vice Chairperson for HRDC Gift Trapence said his arrest has reinvigorated the coalition. “We will continue to fight for justice. They are not going to win and suppress this justice,” he explained. Trapence who was arrested for K7 million fraud on Tuesday and released on bail on Friday refused to comment on the case saying it is in court. The activist was arrested together with HRDC member Macdonald Sembereka. Trapence revealed that that HRDC members have been receiving threats from people who say they will torch the activists’ houses. He however stated that the HRDC will continue with plans to demonstrate two days a week until Ansah resigns. The coalition therefore encouraged people to join the protests in large numbers on Tuesdays and Fridays.

HRDC wants Ansah to resign saying she mismanaged the 2019 presidential elections in which President Peter Mutharika was declared winner.

See also: https://www.frontlinedefenders.org/en/cases/location/malawi

 

We will not be intimidated – HRDC  

Court releases Malawi activists Trapence and Sembereka on bail

HRDC women says anti-Ansah demos not gender issue

FORUM-ASIA: human rights defenders face severe risks in Asia

June 4, 2019

The latest report by the Asian Forum for Human Rights and Development (FORUM-ASIA) found that human rights defenders in Asia are at high risks. “In Asia, we are witnessing more and more human rights defenders being subjected to increasingly severe forms of violations, particularly killing, simply for defending human rights,” said Sejin Kim, Programme Manager of FORUM-ASIA.

The report titled “Defending In Numbers: Resistance in the Face of Repression exposes 688 cases of human rights violations affecting 4,854 people across 18 different countries in Asia, and analyses current and emerging trends of violations against human rights defenders, including journalists, civil society organisations, advocates and their family members, throughout 2017-2018.

Besides that, the report also reveals that “violations have become more extreme, and the safe space in which human rights defenders can work have increasingly shrunk”. State and non-state actors openly threatened these defenders, something which played a key role in creating a dangerous climate for them. In fact, according to the report, there were 164 cases where physical violence was used against human rights defenders, and 61 of these cases resulted in death. The majority of these cases occurred in the Philippines (48 per cent) and India (25 per cent). Concerningly, most of the perpetrators of these killings remain unknown, a reality which perpetuates impunity in the region…. In the period under review, a staggering 327 cases of judicial harassment were recorded across 17 countries which include the (arbitrary) arrest and detention of human rights defenders; the misuse of the law and the passage of repressive laws aimed at criminalising human rights defenders; and the denial of a fair trial.

..

Although threats and harassment endanger all defenders, but certain groups are particularly targeted like prodemocracy defenders, who are vocal critics of state repression; and land and environmental rights defenders, who are targeted by state and non-state actors competing to access natural resources and/or implement mega-development projects. Women human rights defenders, who challenge gender norms and power structures, also ranked high among the most affected groups. Gender-based violence, including online attacks and harassment, were common tactics used against women human rights defenders.

Human rights defenders face severe risks including killing in Asia, says FORUM-ASIA

On 26 April Numan Afifi must report to the police in Malaysia – smells like reprisal

April 24, 2019

On 16 April 2019, human rights defender Numan Afifi was asked by the Royal Malaysia Police (PDRM) to present himself on 26 April at the federal police headquarters in Bukit Aman in relation to an investigation into a speech that he had delivered at the United Nations in Geneva last month.

According to the information received from  Front Line Defenders, Numan Afifi is a human rights defender who has advocated for LGBT+ rights in Malaysia. He has actively contributed to issues ranging from democracy to HIV advocacy through his involvement in the Pelangi Campaign, the Coalition of Malaysian NGOs in the UPR Process (COMANGO) and Challenger.

On 16 April 2019, the human rights defender was contacted by an inspector from the Classified Crimes Investigation Unit, which investigates cases that fall under the Sedition Act. Numan Afifi has been asked to present himself at the federal police headquarters in Bukit Aman on 26 April 2019 to provide a statement regarding a speech presented at the United Nations Human Rights Council in Geneva during the Consideration of the Universal Periodic Review (UPR) Outcome of Malaysia on 14 March 2019. The human rights defender has not been told whether the police investigation concerns his speech alone or if other civil society organisations present at the conference are involved as well. To date, no official charges have been lodged against him.

In Geneva, Numan Afifi read out a statement on the situation of LGBT+ rights in Malaysia. The statement, which was a response to Malaysia’s UPR submission, had been prepared by a coalition of 12 Malaysian organisations working on gender identity and sexual orientation. It commended the government on its acceptance of one of the recommendations regarding sexual orientation and gender identity, and raised concerns about the rejection of the other 10. The statement also called for the government and civil society to have a dialogue on sexual orientation and gender identity.

[On 17 April 2019, a smear campaign has been launched against him by pro-government groups on social media, alleging that the statement he had presented at the UN conference contained inaccurate information. The human rights defender is being pressured to retract his claims regarding the existence of state-sponsored violence against LGBT+ people in Malaysia. In June 2017, Numan Afifi was barraged with online criticism, harassment and death threats after organising a “gay breaking fast” event during the month of Ramadan to show solidarity to the LGBT+ community.]

For some of many posts on reprisals: https://humanrightsdefenders.blog/tag/reprisals/

https://www.frontlinedefenders.org/en/case/numan-afifi-summoned-questioning-police-over-speech-delivered-un

UN Rapporteurs intervene again for Palestinian human rights defender Issa Amro

April 11, 2019

Israel must fully honour and implement the rights and obligations contained in the UN’s Declaration on human rights defenders, and in particular end the use of criminal, legal and security tools to obstruct the legitimate work of human rights defenders, say two UN rapporteurs: Michael Lynk, the special rapporteur on the situation of human rights in the Palestinian Territory and Michel Forst, the special rapporteur on the situation of human rights defenders .

Their comments come on 11 April 2019 after the latest hearing on 7 April in the case of Issa Amro, a human rights defender and founder of Youth Against Settlements, a Hebron-based group which seeks to end settlement expansion through non-violent civil resistance. “Israel must provide for the protection of human rights defenders in the context of their work and ensure that, if charged with any offence, their right to a fair trial is respected,” said the Rapporteurs “The case of Issa Amro is emblematic of the sophisticated array of obstacles faced by Palestinian human rights defenders who engage in non-violent activities.

Cracking down on individuals whose work is essential to denouncing violations and creating safe and peaceful societies, sends a troubling message that the Israeli authorities make little effort to abide by international human rights standards, including the right to a fair trial.

We are very concerned that in January 2019 Israel did not renew the mandate of the Temporary International Presence in Hebron (TIPH), an international observer force that was instrumental in efforts to avoid violence – a decision which led to a group of human rights defenders, including Issa Amro, deciding to accompany children to school.”

The UN experts also expressed deep concern about the repressive working environment faced by Palestinian human rights organisations in recent years.

See also: https://humanrightsdefenders.blog/2013/08/14/five-un-experts-urge-israel-to-stop-harassment-of-human-rights-activist-issa-amro/ and https://www.frontlinedefenders.org/en/profile/issa-amro

http://www.scoop.co.nz/stories/WO1904/S00078/israel-must-ensure-protection-for-issa-amro.htm

Philippines: killing and harassment of HRDs goes on

February 7, 2019

In a January 2019 decision obtained by Rappler this week, the Department of Justice revived the charges against Ressa and Santos, as well as Rappler Inc., on the grounds that the news article was updated in February 2014, and is therefore actionable. Maria Ressa and Rappler Inc are already facing charges of tax evasion which Amnesty has condemned as politically-motivated. Rappler has been a consistent critic of President Rodrigo Duterte and his administration, publishing detailed investigations into some of the thousands of extrajudicial executions committed by police and other unknown armed persons during drug-related operations.

https://www.frontlinedefenders.org/en/case/peace-consultant-and-human-rights-defender-randy-felix-malayao-killed

https://www.amnestyusa.org/press-releases/yet-another-absurd-legal-attack-against-rappler-and-maria-ressa-in-the-philippines/

Bangladesh Government depicted as “against human rights defenders”

March 5, 2018

Among the many (written) NGO statements issued during the current session of the UN Council on Human Rights in Geneva, this one by the Asian Legal Resource Centre stands out by describing a whole government apparatus as standing against independent human rights defenders. It was dated 26 

The Asian Legal Resource Centre (ALRC) wants to bring the situation of human rights defenders of Bangladesh to the attention of the United Nations Human Rights Council. The Government of Bangladesh stands against the human rights defenders with draconian legislations and various institutions and agencies of the State. Independent dissenting voices face systemic harassments. Given the circumstances, the human rights defenders have to work without any notion of protection while defending rights in the country. The threats against the human rights defenders are increasing as the 3rd Cycle of the Universal Periodic Review (UPR) is approaching.

The Government of Bangladesh has amended the existing laws and has adopted new laws with vague definitions and harsher provisions to stifle the human rights organisations and individual defenders along with other dissenting voices.

The incumbent government made the Foreign Donations (Voluntary Activities) Regulation Act 2016. This law not only intimidates the civil society actors but also prevents the expected outcome that the human rights organisations strive for achieving for the society. The law provides the NGO Affairs Bureau (NGOAB), a wing under the Office of Prime Minister, the power to review and cancel proposed projects by NGOs. A persons’ travelling out of Bangladesh in relation to the projects requires prior governmental approval. The NGO Affairs Bureau is authorised to scrutinise the activities through inspections and monthly coordination meetings by the representatives of the NGOAB while prior approval is also required for planned activities before receiving the grants. Without any judicial process the NGOAB is empowered to impose sanctions for alleged ‘non-compliance’ against any organisation or individual receiving foreign funds for voluntary activities. Such actions also include fines, disciplinary actions, and cancellation of registration of the NGO even for ‘derogatory’ remarks. The decisions of the NGOAB can only be brought before the Secretary of Office of the Prime Minister as an ‘appeal’. The law establishes the bureaucrats’ control over voluntary activities while Bangladesh’s bureaucracy has reputation for systemic corruption and abuse of power.

Bangladesh’s Cabinet has approved the Digital Security Bill-2018 on 29 January 2018. This Bill may be enacted in any day during the ongoing Session of the national parliament. This proposed law curtails both the freedom of press and the writ of human rights organisations. The police is authorised to arrest any person without a warrant of arrest issued by a Court of the country if the police officer believes that an offence is committed under this law. A person can be imprisoned for 14 years, with or without a fine of BDT 10 million for publishing any material online for ‘spreading negative propaganda against Liberation War or the Father of the Nation’ while there is no definition of ‘negative propaganda’ provided in the law. Publishing ‘false’ and ‘distorted’ information to tarnish the image of the State is punishable with three years’ imprisonment and with or without a penalty of BDT three hundred thousand. If a person is held for the second time for the same crime he or she will be imprisoned for five years with or without a penalty of BDT one million. Such provision will put the human rights defenders in grave danger, as they have to contest the official version of the State, which always denies allegation of human rights abuses and accuses the rights groups for ‘tarnishing the image of the State’. For example, the government and the law-enforcement agencies of Bangladesh deny every incident of enforced disappearances and each of extrajudicial executions while the human rights defenders and media explore and expose the truth.

Bangladesh Government, by default, protects the perpetrators of human rights abuses in a deeply rooted culture of impunity. The State prevents the basic institutions from functioning and serving the people with fairness. Instead, the incumbent government uses all the institutions, including the judiciary, as tools to secure its power at the cost of the lives and liberties of the ordinary people.

The participation of independent human rights organisations in the Universal Periodic Review (UPR) mechanism of the UN Human Rights Council makes them governmental targets for exposing the human rights realities. For example, Odhikar, a locally based human rights organisation, contributed to the UPR process during the first and second cycles in 2009 and in 2013. This rights group consistently documented the cases and pattern of extrajudicial executions, enforced disappearances, custodial torture, curtailing the freedom of expression and opinion, and denial of justice to the victims of gross human rights abuses in Bangladesh. The government started harassing this organisation for publishing a fact-finding report on a massive crackdown in May 2013. Its leaders were made the victims of the country’s first ever cyber crime case, which is still pending before a special tribunal incepted for holding trial of such cases. Their bank accounts are frozen and NGO registration’s renewal has been halted since mid 2014. The activists who are engaged in standing beside the victims of human rights violations remain under active surveillance by the intelligence and law-enforcement agencies.

Bangladesh is moving toward another general election by the end of 2018. The incidents of gross human rights abuses are also on the rise. The incumbent government is using the State’s law-enforcement agencies and judiciary to drive away the political opposition. The government has already started arresting the opposition activists arbitrarily as the main opposition leader is afraid to be convicted in controversial corruption cases. As days pass on more violation of human rights would deteriorate the situation requiring the human rights defenders to assist the victims. The activities of the rights groups would invite more reprisals against the human rights defenders, except those who directly or indirectly align with the incumbent government for their financial and political benefits.

Bangladesh’s system of governance is authoritarian and coercive by nature. The institutions – be it a constitutional body or a statutory entity – function according to the wish of the Prime Minister, as a supreme controller of everything. The universal normative principles of justice and good governance do not exist or work in this country. As a result, all the basic institutions constantly fail to act for the actual purpose of upholding the rule of law and facilitate functional democracy. The judiciary and the entire criminal justice apparatus, survive as mere facades. These facades facilitate the process of silencing the society’s vibrant voices.

The ALRC urges the Special Rapporteur on the Situation of Human Rights Defenders to request Bangladesh for sending invitation to the mandate for country visit. The Human Rights Council and the Office of the High Commissioner for Human Rights to focus on Bangladesh’s domestic human rights realities and intervene for the protection of victims from gross violation of rights.

For some of my other posts on Bangladesh see: https://humanrightsdefenders.blog/tag/bangladesh/

http://alrc.asia/bangladesh-government-stands-against-independent-human-rights-defenders/

Jiang Tianyong, Chinese defender of defenders, sentenced to 2 years jail

November 21, 2017

Jiang Tianyong, 46, who had taken on many high-profile cases including those of Falun Gong practitioners, Tibetan protesters and victims of the 2008 contaminated milk powder scandal, before being disbarred in 2009, received a two year jail sentence. He was convicted on the spurious grounds of “inciting subversion” on Tuesday. Jiang’s sentence is the most high-profile jailing since Xi confirmed his status as China’s most powerful leader in a generation at a Communist Party congress last month. Jiang’s family has been unable to contact him since his sudden disappearance last November en route from Beijing to Changsha, where he had gone to inquire about detained human rights lawyer Xie Yang.

Jiang Tianyong has long been infiltrated and influenced by anti-China forces and gradually formed the idea of overthrowing the existing political system of the country,” the judge said. The court said he had gone abroad for training on how to accomplish the goal and “applied for financial support from foreign anti-China forces”.

German Ambassador to China Michael Clauss expressed “serious concerns about the lawfulness of the legal proceedings”, saying in a statement the trial’s circumstances “certainly called into question the fairness of the verdict”. Germany will “continue to take an active interest in his fate,” he added.

The United Nations special rapporteur on human rights, Michel Forst, has said he feared Jiang’s previous disappearance was in part retaliation for the lawyer’s assistance to UN experts.

Jiang’s sentence was “a textbook example of the Chinese authorities’ systematic persecution of those who are brave enough to defend human rights in China today,” said Amnesty International China researcher William Nee. It was likely to have a “chilling effect” on other activists, since the evidence used against him was so minimal: critical social media comments, attendance of overseas trainings, and showing moral support to other human rights defenders facing trials.

Jiang’s wife, Jin Bianling, said none of the lawyers she had hired were allowed to see him and she only learned in August that the court had appointed one. “I contacted him continuously, but as soon as he heard I was Jiang Tianyong’s wife, he would immediately hang up the phone,” Jin, who fled to the US in 2013, told AFP by telephone. Four wives of lawyers detained in the 709 crackdown who came to show support were harassed by plainclothes agents and also denied entry in Changsha. “When I heard all the charges they listed against him, I felt my husband was very righteous. They made me greatly admire him,” she said. “I think history will remember what my husband has done.”

http://www.digitaljournal.com/news/world/chinese-human-rights-lawyers-jailed-for-two-years/article/508131

https://www.theguardian.com/world/2017/aug/22/chinese-activist-jiang-tianyong-subversion-trial-dismissed-as-sham

Many birthday parties for jailed human rights defender in Turkey

October 12, 2017

human rights defenders in Turkey, still in jail after 100 days

Ten activists, including İdil Eser, the Director of Amnesty International Turkey, were arrested on 5 July. İdil’s 54th birthday is on 14 October, which she will spend imprisoned on baseless and trumped-up charges. [https://humanrightsdefenders.blog/2017/07/12/turkey-detention-of-human-rights-defenders-further-extended/] (Amnesty International Turkey’s Chair, Taner Kılıç, was also arrested a month earlier. On 4 October a prosecutor filed an indictment calling for jail terms of up to 15 years for all 11 human rights defenders on absurd terrorism charges.)

After three months the investigation has unsurprisingly failed to provide any incriminating evidence to substantiate the prosecutor’s fantastical charges. .. The activists are accused of assisting a variety of “armed terrorist organisations” with diametrically opposing ideologies. They face maximum sentences of 15 years. The charges against them include outlandish claims that standard human rights activities – such as appealing to stop the sale of tear gas, making a grant application or campaigning for the release of hunger striking teachers – were carried out on behalf of terrorist organizations. Some of the claims against İdil are based on Amnesty International documents and public communications that predate her appointment at the organisation.

To mark İdil’s 54th birthday, Amnesty International will hold more than 200 parties and actions globally, starting with a public, pop-up, Turkish-themed birthday party on 13 October in Auckland. Elsewhere around the world there will be a birthday party in the European Parliament and a press conference in a makeshift prison in Madrid. The parties will feature full-size paper cutouts of Idil to highlight her absence, along with Turkish food, music, decorations and more.

I am ready to pay the price for my choice to work on human rights and I am not scared. My time in jail has made me even more committed to standing up for my values. I will not compromise them.” Idil Eser (8/19/17).

 

Rouhani’s Iran disappoints massively on human rights

August 23, 2017

Those who held hopes that with the re-election of the ‘moderate’ President, Hassan Rouhani, things would also improve in Iran for the large number of human rights defenders in detention will be disappointed. In fact many of his supporters are frustrated by his failing to enact numerous reforms he promised, including the release of HRDs. Here some of the recent developments:

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