Posts Tagged ‘police behavior’

Nepal: transitional justice a moving goal

August 26, 2020

Nepal continues to struggle with the implementation of of the transitional justice process. Victims of the armed conflict and human rights defenders have opposed the idea of forming a political mechanism to facilitate the conclusion of the transitional justice process, as proposed by the six-member task force formed to propose measures to end the months-long dispute within the ruling party. The idea, first proposed by Nepal Communist Party co-chair Pushpa Kamal Dahal during the Standing Committee meeting in December last year, will politicise the entire process if implemented, and work in favour of the perpetrators, they say. “I am shocked to see the recommendations. They are against the principles of jurisprudence and transitional justice,” said Ram Bhandari, chairperson of Network of the Families of Disappeared referring to the recommendations made by the task force.

Parties should stop politicising the transitional justice process. Forming a political mechanism would be an illegal move,Kalyan Shrestha, a former chief justice at the Supreme Court whose bench directed the government to remove the amnesty provisions in the transitional justice Act, told the Post. He said the political parties, who were the parties to the conflict, are in one place now treating the victims as the defeated force. Shrestha said that transitional justice has a universal jurisprudence and it must be abided by.

In a thoughtful piece of 26 August 2020 Mohna Ansari, Commissioner of the National Human Rights Commission of Nepal, argues that Nepal must reboot human rights, rule of law” puts this in context:

New law in Peru may protect the police more than indigenous human rights defenders

April 5, 2020

Matias Perez Ojeda del ArcoPolice Protection Act (Law No. 31012), which was passed in Peru by the new Congress on 27 March, without approval by the Executive, 11 days after declaring a state of emergency in the country due to the spread of COVID-19. This law is constitutionaly questionable and may open the door to impunity according to the Institute of Legal Defense (IDL), the Ombudsman’s Office, the National Human Rights Coordinator (CNDDHH) of Peru, and the Inter-American Commission on Human Rights (IACHR). [The Act forbids ordering a warrant of arrest or pre-trial detention for Peruvian National Police (PNP) personnel who may injure or kill in a regulatory intervention. Its complementary provision repeals the principle of proportionality in the use of force for a police officer response, which undermines actions under a constitutional framework and is against full respect for human rights, and may create excesses and arbitrariness.]

According to the Ombudsman’s Office, as of January 2020, there were 129 socio-environmental conflicts in Peru. So how will the National Police respond to unforeseen events, even more so in a post-COVID-19 context, where indigenous people’s territories could be more vulnerable to actions to reactivate the country’s economy?  This is more relevant within the framework of the End of Mission Statement of the United Nations Special Rapporteur on the situation of human rights defenders. At the beginning of this year, it identified that, despite the progress made in this area, human rights defenders, especially from indigenous peoples and local communities, are still unable to carry out their work in a safe environment.

According to the Rapporteur and a report by the Ombudsman’s Office, 960 people have been criminalised for defending and promoting human rights since 2002, of whom 538 were criminalised during social protests. Between 2011 and 2016, 87 human rights defenders lost their lives in Peru, 67% because of law enforcement, according to a CNDDHH report.

Comprehensive police protection for common interest has lost its essence. Instead, the interests of companies are gaining serious ground in Peru, i.e. 145 agreements of “Extraordinary Police Service”, between the Peruvian Police and extractive companies (mining and hydrocarbon sector), were established between 1995 and 2018, according to a report by the Working Group on Indigenous Peoples of the CNDDH. One example of this is the agreement between the hydrocarbon company PETROPERÚ S.A. and the PNP (2018) for operations in Amazonas and Loreto regions, which affects the ancestral land of the Autonomous Territorial Government of the Wampis Nation (GTANW).It is crucial that Peruvian authorities repeal said law to avoid risking the lives of human rights defenders, especially indigenous peoples who are at the forefront of threats, harassment and criminalisation when they protest due to conflicts arising in their territories. Indigenous territories are more vulnerable than ever during the current community contagion phase of COVID-19, as proper health infrastructure and equipment may not reach those areas, nor provide timely and dignified protection for them. There are companies working on indigenous territories during the State of Emergency, including the oil palm company Ocho Sur P. in the Shipibo land of Santa Clara de Uchunya. According to IDL, Ocho Sur is continuing to work without an approved Environmental Impact Assessment. When the State of Emergency is over, most companies will want to recover their losses by any means, regardless the rights of indigenous peoples. This is the moment when the State Protection rules must focus on these issues.

http://www.forestpeoples.org/en/new-law-in-peru-threatens-indigenous-human-rights-defenders

Bangladesh policeman ‘escapes’: a tale of incompetence that amounts to impunity

June 10, 2019

web-Moazzem Hossain Officer-in-Charge of Sonagazi police station in Feni

File photo of Moazzem Hossain Dhaka Tribune

Former Officer-in-Charge (OC), Moazzem Hossain, stands accused of having had a role in the murder of Feni madrasa student Nusrat Jahan Rafi. The way the authorities bumbled his arrest warrant is told in more detail below by the Dhaka Tribune on 9 June 2019. Understandably human rights defenders raise questions about the role of the police and criticize the home minister who has confirmed that the officer in question is ‘on the run’.

…It took over a week for the authorities concerned to send copies of the arrest warrant for the former Sonagazi OC, to Feni and Rangpur police stations. But dilly dallying over sending the warrants to concerned police ranges was ‘just to help the OC flee,’ claimed some human rights defenders.

Deputy inspector of police of the Rangpur range, Debdas Bhattacharya, yesterday said they have received the warrant and OC Moazzem remains absent from his office without any prior permission. The top police official also said proper procedure was not followed in sending the warrant to Rangpur police and that he would speak to Feni police about acting according to procedure. It also took over a week for the Feni police to receive the warrant from the tribunal in Dhaka even though the warrant was issued on May 27. Kazi Moniruzzaman, superintendent of Feni Police, said the last location of OC Moazzem was in Rangpur. “Upon receiving the warrant on June 3, it was sent to the Rangpur range,” he saidd….

Noted human rights defenders slammed the government and police authorities for ‘indirectly allowing’ OC Moazzem to go into hiding, and accused the police of helping him flee the country. “When people like OC Moazzem go into hiding, a police official accused of negligence in duty in a sensational murder case that shook the whole nation,  some quarter has surely assisted him by dragging out his arrest procedure,” said Dr Mizanur Rahman, former chairman of the National Human Rights Commission. “With his statement that Moazzem is on the run, the home minister is trying to make fools of the people. Action should be taken against everyone involved in the process, for negligence, if Moazzem is not arrested and is not placed on trial immediately,” he said.

Former Ain O Salish Kendra director Nur Khan Liton also found the slow process of delivering the arrest warrant, to be a bid to help Moazeem flee. “When an official of a law enforcement agency gets involved in a crime and we see  authorities slowing down the process of apprehending him, instead of meting out strict and speedy punishment, it indicates the process has been slowed down to help him/her flee from being put behind bars,” he said.

……
Supreme Court lawyer Syedul Haque Sumon, who filed the case against Moazzem, said Moazzem has fled taking advantage of police procrastination. “If he flees the country, police will have to take responsibility for that, ” he said, adding: “The inspector general of police should have initiated the required actions himself, considering the sensitivity of the case, but he did not. Since the warrant has now been received by police in both Feni and Rangpur, it is their responsibility to arrest Moazzem and produce him in court.”

[Case proceedings: According to the case details, Nusrat went to Sonagazi model police station to file a case against Sonagazi Islamia Fazil (Degree) Madrasa Principal Sirajuddaula on March 27 for sexually assaulting her the day before. Moazzem recorded a video of her statement without her consent, asking her offensive and insulting questions. The video then surfaced on various social media platforms. It was alleged that Moazzem had put up the video. Moazzem, whose voice was heard on the video, had also appeared unconcerned about Nusrat’s complaints and said the sexual assault was not a major incident. He asked Nusrat to go home, and assured her of taking steps in accordance with her written complaint. However, no action was taken against Sirajuddaula. Nusrat, 18, an Alim examinee, was set on fire by Sirajuddaula’s followers on April 6 for refusing to withdraw the rape attempt case her family had filed against him. She died from the injuries four days later.

On April 10, Moazzem was withdrawn from his post as OC and transferred to the Armed Police Battalion, after Nusrat’s family said he had not been cooperating with them. On April 11, Supreme Court lawyer Syedul Haque Sumon saw the video on social media, which prompted him to file a petition against Moazzem for breaking the law. Barrister Sumon then filed a case against Moazzem under the Digital Security Act on May 15. The Dhaka Cyber Tribunal ordered the OC’s arrest on May 27 when the PBI found the allegations against him to be true. Later, OC Moazzem filed a bail petition with the High Court. The hearing for the case is scheduled for June 11.]

https://www.dhakatribune.com/bangladesh/dhaka/2019/06/09/home-minister-oc-moazzem-on-the-run-arrest-taking-time

 

Ongoing police harassment against Imelda Urio and 35 other human rights defenders in Tanzania

November 23, 2015

With International Women Human Rights Defenders Day coming up (29 November) I will pay special attention to questions that concern them. Here a case of police harassment from Front Line concerning Tanzania:  Read the rest of this entry »

Human rights defenders call on OSCE to establish rapid response mechanism in cases of mass rallies

January 22, 2014

Human rights defenders call on OSCE to react to dispersal of rallies

In the face of the inactivity of international institutions in the OSCE region concerning mass protests the International Civic Initiative for OSCE calls to establish a special rapid response mechanism in the framework of the OSCE.

The current situation in Ukraine with clashes in Kyiv’s streets has gained attention of many of us. Read the rest of this entry »

BURMA: continued prosecution of human rights defenders and peaceful demonstrators

November 23, 2013

There was much optimism about developments in Myanmar/Burma after the release of Aung San Suu Kyi, and the government’s announcement of a process of democratization. But reports from the Asian Human Rights Commission, Front Line Defenders and other NGOs give ground for pessimism. In the words of the AHRC (on 24 September):  “If the government of Myanmar is as serious as it says that it is about political reform, about the release of political prisoners, and about other measures to put its authoritarian legacy behind it, then it needs to begin by bringing to a halt the wanton prosecution of human rights defenders l…It needs to repeal [repressive] laws and above all, it needs to do much more to alter systematically the practices and mentalities of administrators, police officers and other officials accustomed to shutting down any public activity not directly under their control or given their approval. Democratic life is about people acting and talking according to ideas that government officials sometimes will not like. If on every occasion they see or hear something they do not like the authorities in Myanmar respond to it with prosecution, then democratic life in the country will remain a figment.” According to the protesters’ lawyer, Mr Robert San Aung, a total of 57 activists have now been imprisoned under the Peaceful Assembly Law. According to the Assistance Association for Political Prisoners  and 130 activists have been brought to court under this legislation, 18 of whom remain in prison. Read the rest of this entry »

Greece: xenofilia with racist edge says HRW report today

June 12, 2013

I happen to live – and quite happily – in Greece but there are moments that I am almost ashamed. I reported on some of these moments before, but today’s report by Human Rights Watch Read the rest of this entry »