Posts Tagged ‘judicial harassment’

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Turkey: after 16 years finally Justice for human rights defender Pınar Selek

December 20, 2014

Yesterday, 19 December 2014, the Istanbul High Criminal Court acquitted Ms. Pınar Selek, an academic known for her commitment towards the rights of the most vulnerable communities in Turkey. She was prosecuted for allegedly causing a bomb to explode in Istanbul’s Egyptian bazaar on July 9, 1998, and for membership in a terrorist organisation.

Previously, the Istanbul Special Heavy Penal Court No. 12 had acquitted her on three occasions: in 2006, 2008, and 2011. Notwithstanding, the Supreme Court quashed the first two acquittal decisions and requested the lower court to convict her. In, 2013, the Istanbul Special Heavy Criminal Court No. 12 deferred to the Supreme Court’s request and sentenced Ms. Pınar Selek to life imprisonment, while the case was still pending before the Supreme Court. On June 11, 2014, the Criminal Chamber No. 9 of the Supreme Court decided to overturn the conviction on procedural grounds. [https://thoolen.wordpress.com/2014/07/09/pinar-selek-case-in-turkey-the-supreme-court-overturns-life-sentence-against-pinar-selek/]

“Countless procedural irregularities have been observed during the trial. She should have never been prosecuted in the first place. This decision should now become final”, recalled Martin Pradel, Lawyer at the Paris Bar, who has been observing the legal process for the Observatory since 2011.

The Observatory (a coöperation between FIDH and OMCT) has been particularly mobilised on this case, through the publication of nine urgent alerts, six trial observations and demarches towards the Turkish authorities and the international community at the highest level. For more information see Observatory mission report published in April 2014, available in English on the following web links: http://www.omct.org/files/2014/04/22642/turkey_mission_report_pinar_selek_2014.pdf

Turkey: Justice at last! Pınar Selek acquitted after 16 years of judicial harassment / December 19, 2014 / Statements / Human rights defenders / OMCT.

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2014 Annual Report Observatory: Land Rights defenders are the forgotten victims of unbridled development

December 2, 2014

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OMCT-LOGO

 

 

The Observatory for the Protection of Human Rights Defenders (joint programme of OMCT and FIDH) has, since 2013, launched more than 500 urgent interventions on more than 60 countries. Its 2014 Annual Report came out today in the context of the 3rd UN Forum on Business and Human Rights and focuses on “land rights defenders” who are increasingly the target of repressive measures. The pressure on land has become unbearable and mobilisation for the respect of the economic, social and cultural rights of affected communities has become a high risk activity.

Between 2011 and 2014, the Observatory documented 43 assassination cases targeting land rights defenders and the judicial harassment of 123 defenders, sometimes together with their arbitrary detention. These figures only reflect a small fraction of the real picture. All regions in the world are concerned, Asia and Latin America being the most affected. The Observatory found that authors of repression are often the police, the military, private security agents and “henchmen”. Their objective being to silence dissenting voices likely to slow down investment projects.
In addition to violence, numerous States also use judicial harassment and arbitrary detention to intimidate defenders. Thanks to laws that violate fundamental freedoms or in violation of their own laws, they jail any person deemed to be a nuisance. “Terrorism”, “misleading propaganda”, “infringement to State security”, “public unrest”, there are many abusive charges which can result in heavy prison terms.
Land rights defenders are often powerless when they face physical attacks and arbitrary arrests. According to the Observatory, 95% of violations against them remain unpunished today. Judicial bodies in countries where such violations occur are characterised by a lack of independence, resources and expertise. Regarding the possibility of prosecuting business corporations responsible for human rights violations, the legal battle – if any – is often lengthy, perilous, unequal and costly.
At the heart of the problem lies the issue of the participation of individuals and communities affected by the development policies and investment projects. The Observatory calls for meaningful consultations that ensure the direct participation of populations affected by the projects and the recognition of land rights defenders as the legitimate spokespersons in order to prevent conflicts and put an end to serious human rights violations. Furthermore, it is necessary to strengthen the capacity and independence of domestic judicial systems, including in States hosting the headquarters of business corporations, in order to allow defenders to access justice and seek redress in the event of human rights violations.
The Observatory also recommends to strengthen international law in order to trigger effectively the responsibility of business corporations when the latter commit human rights violations and to guarantee the adequate protection of land rights.
The full report under the title “We are not afraid”: https://wearenotafraid.org/en/

Posted in FIDH, human rights, Human Rights Defenders, Observatory for the Protection of Human Rights Defenders, OMCT | 2 Comments »
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Why Maryam Al-Khawaja boycotted the Bahraini court on 1 December

December 1, 2014

The leading human rights defender Maryam Al-Khawaja explains her reasons for boycotting the court hearing in Bahrain that on Monday 1 December saw her sentenced to one year in prison. This impressive statement was originally posted on the website of the Gulf Center for Human Rights on 30 November 2014. For more posts on Maryam Al-Khawaja see: https://thoolen.wordpress.com/tag/maryam-al-khawaja/

Maryam-e1409582320645

“As a human rights defender, I, Maryam Al-Khawaja, Director of Advocacy at the Gulf Center for Human Rights, have decided to boycott my court hearing on the 1 December 2014. During this hearing I am due to be sentenced on trumped up charges of assaulting two policewomen at the Bahrain International Airport. (Update: Al-Khawaja was sentenced to one year imprisonment on 1 December)

The decision to boycott the court was reached based on several grounds:

  • The lack of independence and due process in the Bahrain judiciary system:

It has become evidently clear that it is not possible to have a fair and independent trial in Bahraini courts as they stand. The judicial system in Bahrain is highly flawed, and is overrun with egregious human rights violations which usually start during the arrest, and continue throughout what is supposed to be a legal process. I was personally subjected to numerous human rights violations since the moment of arriving in Bahrain and until I was able to leave the country as can be read in my testimony here.

There are medical reports about the injuries I sustained during the assault I was subjected to, for which I continue to need physiotherapy. My case was sped up, and quickly turned for sentencing with complete disregard to legal procedures.

  • The lack of independency and neutrality of the judge himself:

The presiding judge, Mohammed Ali Alkhalifa, in the case brought against me is a member of the ruling family, and has been himself, as well as members of his family, identified previously during my advocacy campaigns as implicated in human rights violations. This makes his presiding over the case a clear case of conflict of interest given the personal grievances he may have against me. This judge in particular, it is important to note, has been involved in the sentencing of numerous human rights defenders including Nabeel Rajab and Naji Fateel in unfair trials.

  • The cooperation of the Special Investigations Unit (SIU) with the Ministry of Interior:

During my imprisonment I met with the SIU, headed by Nawaf Hamza, to submit a complaint against the three policewomen and the first lieutenant who assaulted me at the airport. The prosecutor, Mohammed Al-Hazaa, rewrote my statement in his own words, attempting to implicate me in violations, and refused to correct what he had misquoted. This resulted in my refusal to sign the papers and filing of a complaint against the prosecutor. One day before the sentencing, namely on the 30th of November 2014, and due to almost daily follow up by my lawyer, the public prosecution notified him that the complaint case had been revoked. Despite my complaint about the assault since the beginning of my arrest, it was only one day before the sentencing that my lawyer was finally able to get a statement from the public prosecution that my complaint case had been revoked, at a time when the trumped up assault charges against myself were speedily processed and turned for sentencing.

  • The violation of my rights by the public prosecution:

During the interrogation I was subjected to, I was refused access to my lawyer by the prosecutor dealing with my case. During my imprisonment my lawyer was not given any visits, nor was the Danish embassy. The way that the public prosecution deals with politically motivated cases is it uses all aspects of the government to provide impunity for the perpetrators of violations.

Based on the reasons stated above, I find any and all cooperation with the court or attendance of the hearings by myself as a problematic legitimisation of an unfair and biased court. Therefore I have decided to boycott the hearings, and have asked my lawyer to do the same.

It is important to note here, if I, as a human rights defender, whose case receives international media and diplomatic attention is handled in this way; it is gravely concerning how cases not receiving attention are handled by the authorities in Bahrain.

Maryam Al-Khawaja
Director of Advocacy
Gulf Center for Human Rights
30th November 2014”

Maryam Al-Khawaja: Why I am boycotting my date with Bahraini justice – Index on Censorship | Index on Censorship.

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Amnesty’s Moscow office decries “foreign agents law” together with 148 other NGOs

November 24, 2014

Sergei Nikitin, Amnesty International’s Moscow Office Director, posted a clear and inspiring blog on 21 November about the “foreign agent” label with which the Russian Government is trying to discredit legitimate work by human rights defenders.  [see also: https://thoolen.wordpress.com/tag/foreign-agents/]. In spite of the harassment the writer keeps up hope that justice will ultimately prevail:

“……Two years ago, the law adopted by the State Duma entered into force. It is universally known as the “Foreign Agents” law, despite the fact that it is actually an amendment to an old law “on non-commercial organisations”. The updated law with all its novelties wasn’t put into use at first, but in February 2013 the Russian Prosecutor’s Office began mass inspections of NGOs across the country. These inspections were followed by court hearings. The wide-scale campaign to smear NGOs began.

However, despite the authorities’ demands, human rights activists refused to call themselves foreign agents voluntarily. When all the Russian NGOs united in solidarity and declared, once for all, that they are not “agents”, it prompted widespread admiration.

Russian authorities had to rush to modify the fateful law. Following these amendments, “foreign agents” are now being unilaterally registered, without any judicial review. The leading human rights organizations are on this list too. Registration now consists of a penstroke by the Ministry of Justice. Just this week, two more organizations were put on the register and stigmatized by the “foreign agent” label.

Russian NGOs still reject the insulting stigma – none of the forcibly registered organizations is going to lie to themselves and to society. They are not “agents”. These people, representing various NGOs in different cities around our country are working for the good of our fellow citizens by helping those whose rights have been violated by the Russian authorities.

The past two years of pressure and denigration of civil society activists, the wave of state propaganda and streams of lies and insults have made the lives of human rights defenders, environmentalists and activists very difficult. Their struggle is widely known amongst their NGO colleagues in other countries, evident through numerous solidarity actions that have been conducted abroad in support of Russian civil society over the past two years.

Up to the present day, on the second anniversary of the shameful “Foreign Agents” law, almost 150 NGOs – national and international – have signed a letter to President Putin calling for him to overturn the disgraceful legislation.

Along with my colleagues from Amnesty International, and in the presence of journalists, this week I delivered this letter to the Presidential Administration. Our colleagues from 32 countries that have signed the letter are now waiting for Russian authorities to react.

We brought the letter with six pages of signatures and a 90cm x 150cm poster reprinting the words of the letter. To our great surprise, both were accepted, although the large poster caused some fuss among Presidential Administration employees.

One might say: “Oh, everything is meaningless.” It is nothing like that. More than 50 years of Amnesty International activism in every region of the world suggests the opposite.

There were darker days in the history of our country. We experienced numerous campaigns of lies and slander against individual citizens, groups of citizens and nations. Mudslingers have been always singing from the same song sheet as the authorities.

However, the inexorable course of history teaches us that truth is always restored and justice prevails. It may take years, and sometimes requires a lot of strength.

But we all know that those defamed and stigmatized with the “foreign agent” label are very brave and courageous people. And ultimately, this dark page of history will be remembered with disgust.

A version of this blog originally appeared (in Russian) on Ekho Moskvy’s website.

Open letter to Putin – 148 NGOs slam ‘foreign agents’ law | Amnestys global human rights blog.

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Pinar Selek case in Turkey: the Supreme Court overturns life sentence against Pınar Selek

July 9, 2014

With a bit of delay, here is the good news that the Turkish Supreme Court – on 11 June – overturned the life sentence issued which was issued against sociologist Pınar Selek on January 24, 2014. The case will have to be re-tried before a lower court for the fifth time. On June 11, 2014, the Criminal Chamber No. 9 of the Supreme Court decided to overturn the decision of a lower court to sentence to life imprisonment Ms. Pınar Selek, an academic known for her commitment towards the rights of vulnerable communities in Turkey. The court argued that Istanbul Special Heavy Criminal Court No. 12 had violated procedural rules, by revoking its own decision of acquittal while the case had already been transferred for review to a higher court.  Read the rest of this entry »

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Situation of human rights defenders in Africa – Observatory on HRDs before African Commission

May 21, 2014

FIDH and OMCT, in the framework of their Observatory for the Protection of Human Rights Defenders, express their grave concern about the situation of human rights defenders in Africa. They do so in a 7-page written statement before the 55th ordinary session of the African Commission on Human and Peoples Rights [ACHPR] on 20 May in Luanda. It can be read in full on: Situation of human rights defenders in Africa – Contribution to the 55th ordinary session of ACHPR  Read the rest of this entry »

Posted in FIDH, human rights, Human Rights Defenders, Observatory for the Protection of Human Rights Defenders, OMCT | 4 Comments »
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Let Ukraine not distract from ongoing repression of human rights defenders in Russia

May 18, 2014

In an excellent piece written for CNN, Tanya Lokshina of Human Rights Watch, on 15 May gives an overview of the different measures that threaten human rights defenders in Russia. While attention is on Ukraine,  a vicious crackdown on civil society in Russia itself also escalated with every week brings a new pernicious law or legislative proposal:HRW_logo

  • The authorities have blocked or essentially took editorial control over a number of independent news portals and are pushing new laws to stifle freedom of expression.
  • A week ago, President Vladimir Putin signed a law requiring Russian bloggers with significant followings to register with the authorities and comply with media regulations.
  • The same law requires blogging services and social networks to store user activity for six months.
  • Another legislative proposal would introduce administrative and criminal offenses for editors who publish “false anti-Russian” information or offer media support to “anti-Russian extremist and separatist forces.”
  • Another new draft law introduces a ban on publishing negative information about the Russian government and military.
  • Also, amendments presently under review by the State Duma, the lower house of parliament, would enable the authorities to throw people behind bars for up to five years for repeated participation in unauthorized public protests.

At the same time the infamous Russian law “on foreign agents”, Read the rest of this entry »

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ALERT: MEA Laureate 2007 Pierre Claver Mbonimpa arrested in Burundi

May 16, 2014

 

MEA Laureate 2007 Pierre-Claver Mbonimpa

MEA Laureate 2007 Pierre-Claver Mbonimpa

MEA Laureate 2007, Pierre-Clavier Mbonimpa, was arrested this morning early. The latest information is that he is still detained  at the Police-Judiciare. The background is rising tension in Burundi, where it is feared that President Pierre Nkurunziza is expected to campaign for a third term in office in 2015 despite a two-term constitutional limit. The Economist of 29 March 2014 already carried an article under the prescient title “Trouble Ahead” and on 17 April Paul Debbie, security chief at the UN office in Burundi, was ordered to leave the country in connection with a UN report disliked by the Government containing “allegations of weapons distribution to members of the youth league of the ruling party”. [http://www.aljazeera.com/news/africa/2014/04/burundi-expels-un-official-over-arms-report-2014417144546195161.html] It is feared that this youth wing, named the Imbonerakure, are being armed and trained in weapons use, raising fears of a return to civil war, even of genocide. No charges have been brought against Mbonimpa, but it is believed that the arrest is related to comments made on the radio regarding the above. Read the rest of this entry »

Posted in Front Line, human rights, Human Rights Defenders, MEA | 3 Comments »
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Berta Cáceres in Honduras continues to be harassed in spite of court order

January 28, 2014

In my post of 17 January I related that there seemed to be some optimism in the case of Berta Cáceres in Honduras as the court had suspended her case (https://thoolen.wordpress.com/2014/01/17/justice-maybe-on-its-way-for-some-human-rights-defenders-in-honduras/), but the ink on the order was hardly dry when on 26 January 2014, she was again temporarily detained. Members of the criminal investigation unit showed her an order for her capture [the authorities had not communicated any counter-order to them, they stated]. According to sources of Front Line, only her knowledge of the law lead to her release an hour later. Judicial harassment of the first order.

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Justice maybe on its way for some Human Rights Defenders in Honduras

January 17, 2014

As reported by Front Line Defenders, on 9 January 2014, the Appeals Court of Comayagua provisionally suspended the case against Honduran human rights defenders Ms Berta Cáceres and Messrs Tomás Gómez and Aureliano Molina.  They had been facing charges of usurpation of land, coercion, and causing more than $3 million in damages to DESA, a hydroelectric dam company. The Court further reversed a decision to displace the indigenous Lenca community from their ancestral lands, and revoked the arrest warrant which had been in place against the human rights defenders. No court date has been set for the final decision in the case. Berta Cáceres is the general co-ordinator of Consejo Cívico de Organizaciones Indígenas Populares – COPINH (Civic Council of Popular Indigenous Organisations). Tomás Gómez Membreño and Aureliano Molina are also members of COPINH which is working on land, environmental and indigenous rights, particularly in relation to large-scale development projects.

Front Line Defenders welcomes the provisional suspension but remains concerned that the case has not been permanently suspended. It notes that the case comes in the context  large-scale development projects impinging on environmental rights and the rights of indigenous people, and that the principle of free, prior and informed consent is not being fully respected. [for earlier info: http://www.frontlinedefenders.org/node/22872]

Posted in Front Line, Human Rights Defenders | 1 Comment »
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