Posts Tagged ‘judicial harassment’

Russian Federation persists in criminal investigation against human rights defender Maxim Efimov

February 5, 2013

On 25 January 2013, the Investigatory Committee of the Republic of Karelia, Russian Federation, resumed the investigation of the criminal case against human rights defender Maxim Efimov. He is charged with “actions aimed at the incitement of national, racial, or religious enmity, abasement of human dignity, and also propaganda of the exceptionality, superiority, or inferiority of individuals by reason of their attitude to religion, national, or racial affiliation, if these acts have been committed in public or with the use of mass media”, under Part 1 of Article 282 of the Criminal Code of the Russian Federation.

Maxim Efimov

Maxim Efimov is Director of the Karelian regional branch of the inter-regional Youth Human Rights Group (YHRG). He is also Chief Editor of the human rights newspaper Chas nol (Hour zero). The above mentioned charges were brought following the publication by Maxim Efimov of an article in early 2012 regarding the Russian Orthodox Church, in which he criticised state sponsorship of the Church.

On 25 January 2013, investigator A A Voronin decided to reopen the investigation against Maxim Efimov and to seek a sixth expert opinion [SIC] on whether the article published by Maxim Efimov contained any illegal statement. The additional expert opinion was ordered on the basis of the alleged insufficient clarify of five previous expert opinions, which all found that the article did not contain any illegal statement. On 1 February 2013, Maxim Efimov sent a letter to the Director of the Investigatory Committee of Russian Federation, A Bastrykin, protesting the reopening of the investigation.

Front Line Defenders reiterates its concern at the risk of criminal prosecution facing Maxim Efimov, and calls on the authorities to immediately and unconditionally drop all charges against him. Front Line Defenders believes that the charges and criminal case brought against Maxim Efimov are solely motivated by his legitimate and peaceful human rights work in the Russian Federation, as is evident by the investigator’s failure to accept the unanimous decision by five previous expert opinions declaring that the article published by Maxim Efimov did not contain any illegal statement.

In May 2012 Human Rights First and other NGOs had already reported on sinister efforts – reminiscent of old Soviet practices –  to force activist Maxim Efimov to undergo a psychiatric evaluation in a mental hospital. Ironically, while churchgoers were routinely hospitalized for ‘insanity,” this time it was Efimov’s criticism of the Orthodox Church that triggered his prosecution. Regional human rights group AGORA, whose lawyers represent Efimov, promised to conduct an independent psychiatric evaluation for their client, reminding the government that “the European Court has a clear and unequivocal position in relation to the grounds on which people can be placed in psychiatric hospitals,” which are hardly applicable in this case”. AGORA is preparing to take this case to the Supreme Court of Karelia. http://www.humanrightsfirst.org/2012/05/15/russian-court-to-activist-youre-crazy/

Meanwhile, state pressure on Efimov kept mounting. Two days after an arson attack on the Saint Catherine Cathedral in Petrozavodsk, Efimov was summoned for another round of questioning, and the investigator alleged that the attack was carried out by his supporters—another effort by the government to interfere with his work. Efimov had condemned the attack on the cathedral and sent condolences to congregants and denied any involvement, claiming that his being at the center of this arson investigation is baseless and is yet another example of interference in his daily work as a human rights defender in Karelia.Frontline NEWlogos-1 condensed version - cropped

for more information on this case, see Front Line Defenders’ urgent appeals on the case of Maxim Efimov dated  18 April 2012 <http://www.frontlinedefenders.org/node/18055>  and updates dated 7 August 2012 <http://www.frontlinedefenders.org/node/19301> , 3 July 2012 <http://www.frontlinedefenders.org/node/18827>  and 15 May 2012 <https://www.frontlinedefenders.org/node/18311> .

What is remarkable but perhaps not surprising is the absence of Christian NGOs in defense of Efimov’s freedom of expression – the more regrettable as it would have the most impact.

Sayed Yousif Al-Muhafda temporarily freed in Bahrain

January 21, 2013

In an earlier post of 18 December I reported that  Sayed Yousif Al-Muhafda was detained (again). After the arrest of most leaders, he was one of the few left to continue the work of the courageous group, the Bahrain Centre for Human Rights, and came to Geneva in October last year to represent the NGO as 2012 nominee of the Martin Ennals Award for Human Rights Defenders.newlogo MEA

A court in Bahrain on Thursday released him on bail pending trial for charges of spreading false news to harm security, according to Amnesty International. Al-Muhafda is scheduled to appear in court on January 29 2013 when witnesses are expected to testify. In view of earlier experience with HRDs on trial in Bahrain one should not expect too much.

Bangladesh has restrictive environment for HRDs ahead of the 2013 elections concludes Observatory mission

December 7, 2012

Bangladesh is not always high on the agenda of the international human community, so it is interesting to read the preliminary findings of the report below:

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights FIDH and the World Organisation Against Torture OMCT, expresses concerns about the restrictive environment for human rights defenders in Bangladesh, after it completed a fact-finding mission in the country on November 22, 2012.

With the existing polarised political context and increasing tensions ahead of the upcoming 2013 general elections, human rights defenders are put at further risk of human rights violations”, the mission concludes. “While laws have become a tool used by the State to hinder the work of and suppress dissident voices through judicial harassment, a lack of proper judicial safeguards and remedies has allowed for the culture of impunity to continue”.

via Bangladesh: Restrictive environment for human rights defenders ahead of the 2013 elections – Preliminary findings of a fact-finding mission / December 7, 2012 / Urgent Interventions / Human rights defenders / OMCT.

Good news from the Gambia: judicial harassment of 2 HRDs ended

November 15, 2012

On November 14, 2012 The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), announced and welcomed the vindication of two women human rights defenders in The Gambia following two years of judicial harassment.

On November 12, the Banjul Magistrates’ Court decided to drop all charges against Dr. Isatou Touray and Ms. Amie Bojang-Sissoho, respectively Executive Director and Programme Coordinator of The Gambia Committee on Traditional Practices Affecting the Health of Women and Children (GAMCOTRAP), an organisation working on sexual and reproductive health and rights of women and children. The two women human rights defenders had been prosecuted since October 2010 on charges of “theft” for the alleged embezzlement of 30,000 Euros received in 2009 from “Yolocamba Solidaridad”, a Spanish development NGO.

This landmark decision puts an end to an uninterrupted judicial harassment that had been going on for more than two years, since the police started interrogations of GAMCOTRAP staff in May 2010. Since the opening of their trial, Dr. Isatou Touray and Amie Bojang-Sissoho had been summoned to 66 hearings, which took place in a hostile atmosphere and on completely unlawful grounds. Indeed, the alleged victims had never filed a complaint and the Prosecution failed to present sufficient evidence that they had indeed committed a criminal offence. Furthermore, on January 31, 2011, Ms. Begoña Ballestros Sanchez, Director of Yolocamba Solidaridad, denied accusing anyone associated with GAMCOTRAP of theft and submitting a complaint in relation thereof during a hearing at Banjul Magistrate’s Court. During interrogation, Ms. Isatou Touray had to respond to very precise questions by the Prosecutor covering all aspects of GAMCOTRAP’s activities, staff and resources that are unrelated to the charges. In addition, the Prosecutor also repeatedly made depreciating comments about the work of GAMCOTRAP’s programme to eradicate female genital mutilation.

One can only hope that their acquittal marks a step forward in the respect of the rights of human rights defenders in the Gambia.