Mat Nashed in Al-Jazeera of 18 April 2022 reports how Sulima Ishaq’s work against sexual violence is now being used against her.
On March 28, Volker Perthes told the United Nations’ Security Council that Sudanese government forces had raped 16 female protesters since last December’s anti-coup protests. He added that as UN envoy for Sudan, he was working with the Combating Violence Against Women (CVAW) Unit under the Ministry of Social Affairs and civil society to mitigate sexual violence in the country.
The next week, Sulima Ishaq, head of the unit, was interrogated by security services. Her lawyers say she is being investigated for accusations of “leaking state secrets” to the UN envoy under Article 47 of the country’s criminal act.
“The information I gave to the [UN] had already been broadcasted on television channels and media outlets,” Ishaq, who is now worried that she’ll go to prison on trumped-up charges, told Al Jazeera over the phone. “But because the information was presented to the Security Council and the [coup forces] are afraid of getting sanctioned, they are [targeting] me now.”
In March, a Khartoum office – belonging to a commission investigating a June 3, 2019 incident in which security forces reportedly murdered at least 120 people to break up a sit-in – was raided by security forces.
According to Emma DiNapoli, a legal officer focusing on Sudan for Redress, a London-based non-profit advocating an end to torture worldwide, activists cooperating with the organisation have recently reported more security officers stalking them outside their homes. In some cases, this has resulted in unlawful arrests.
“None of our partners has had arrest warrants issued against them, but I think there is a general sentiment that there is higher surveillance,” DiNapoli told Al Jazeera. “Even if they are not really being surveilled, [the arrests] are having a chilling effect.”
However, experts and rights groups say Ishaq’s case represents an escalation of a broader campaign to intimidate activists and put human rights defenders on high alert.
Kholood Khair, manager of Khartoum-based think-tank Insight Strategy Partners, told Al Jazeera that the coup government is trying to make an example out of Ishaq. The authorities, she said, are particularly irked since Ishaq is a civil servant, which gives her allegations more credibility in the eyes of the international community.
In Sudan, rape victims are traditionally harassed by the public and even punished by the police, so the number of people coming forward to Ishaq was seen as a big deal, Khair explained.
“Sulima was trying to highlight that rape is a weapon of war and a weapon of repression and the number of cases [documented] shows that it is a state tactic … not a case of just individual rapists,” she said.
Mohamed Osman, Sudan researcher at Human Rights Watch (HRW), said activists have always feared that they could be targeted for documenting human rights violations against protesters. He cited the recent arrests of journalists, lawyers and doctors who appear to have been targeted for tracking unlawful arrests and killings in the country.
But the targeting of a high-profile person like Ishaq suggests that security forces are even more sensitive to scrutiny following the United States’ decision to impose sanctions on the Central Reserve Police last month, said Osman. The US cited the unit’s excessive force against protesters – including the use of live ammunition – as the reason for the decision.
Ishaq told Al Jazeera that she wished the UN envoy had been more subtle by not mentioning her unit at the Security Council meeting, given the level of repression in Sudan. “I feel that the way [the information] was stated was a little bit insensitive,” she said.
In response, Fadi Al Qadi, the spokesperson for the UN envoy, told Al Jazeera that “the special representative to the secretary-general did not name any individual in the Security Council as a source”.
And now, an atmosphere of fear is slowly enveloping the country, causing dissidents, activists and civil society to beef up personal security and take more precautions to protect themselves and sources from the eye of the authorities.
One of them is Nabil Adeeb, the septuagenarian human rights lawyer heading the investigation into the June 2019 massacre.
After government forces stormed the tribunal’s office, there were fears that evidence could be compromised and that the names of witnesses – who provided testimonies that possibly implicated specific security branches in the massacre – could be exposed.
“Our records are secure and we know that nobody would be able to access them, but we are concerned that if we resume our activities in the same place then we might expose the investigation to unwanted people since the office could be bugged,” he said.
Adeeb – who is also Ishaq’s lawyer – told Al Jazeera that she is currently being charged for defaming the security forces under Sudan’s cybercrime law, an accusation he believes has little merit.
He is concerned that Ishaq could still face more harassment and graver accusations for simply doing her job from the state, which should naturally be helping her instead. Ishaq too fears that the worst is yet to come.
”I think that I will be scapegoated to kick out Volker [from Sudan],” she said. “I will then be charged for jeopardising national security for providing [him] with sensitive information.”
Now (on Thursday 21 October 2021) the 46-strong group of countries across the wider European region has agreed to establish a new legally binding mechanism that would protect environmental defenders.
It takes the form of Special Rapporteur – or independent rights expert – who will quickly respond to alleged violations and take measures to protect those experiencing or under imminent threat of penalization, persecution, or harassment for seeking to exercise their rights under the Convention. As time is of the essence to buttress the safety of environmental defenders, any member of the public, secretariat or Party to the Aarhus Convention, will be able to submit a confidential complaint to the Special Rapporteur, even before other legal remedies have been exhausted. The agreement delegates setting up the new mechanism to the United Nations, or another international body. See also: https://humanrightsdefenders.blog/2019/11/28/cop25-climate-defenders-also-needed-to-be-shielded/
“I remain deeply concerned by the targeting of environmental activists”, said Secretary-General Antonio Guterres, welcoming the rapid response mechanism as “an important contribution to help advance my Call to Action for Human Rights”.
“This landmark decision is a clear signal to environmental defenders that they will not be left unprotected”, said UNECE chief Olga Algayerova. “It demonstrates a new level of commitment to upholding the public’s rights under the Aarhus Convention, as well as Parties’ willingness to respond effectively to grave and real-time challenges seen in the Convention’s implementation on the ground”.
While understandably all eyes are on the risks faced by those who are in the first line of sight of the Taliban such as human rights activist and women human rights defenders, a piece in India Blooms of 19 August 2021 about the “cultural disaster”, that may follow the fall of Kabul, is worth noting. The UN Special Rapporteur Rapporteur in the field of cultural rights, Karima Bennoune, urged countries to provide urgent assistance to human rights defenders, including those working on women’s and cultural rights, as well as artists, trying to flee the country.
“It is deplorable that the world has abandoned Afghanistan to a fundamentalist group like the Taliban whose catastrophic human rights record, including practice of gender apartheid, use of cruel punishments and systematic destruction of cultural heritage, when in power, is well documented,” she said.
The independent rights expert called for all forms of culture and cultural heritage to be protected, as well as those who defend it, and implored cultural and educational institutions everywhere to extend invitations to Afghan artists, cultural workers and students, especially women and members of minorities, to enable them to continue their work in safety.
“It is not enough for foreign governments to secure the safety of their own nationals”, said Ms. Bennoune. “They have a legal and moral obligation to act to protect the rights of Afghans, including the rights to access to education and to work, without discrimination, as well as the right of everyone to take part in cultural life.”
The Special Rapporteur said she was gravely concerned at reports of gross abuses by the Taliban, including attacks on minorities, the kidnapping of a woman human rights defender, the killing of an artist, and the exclusion of women from employment and education.
Bennoune recalled that the Taliban’s own cultural officials in 2001 had attacked the country’s national museum, destroying thousands of the most important pieces, as well as banning many cultural practices, including music.
“Afghan cultural rights defenders have worked tirelessly and at great risk since then to reconstruct and protect this heritage, as well as to create new culture. Afghan cultures are rich, dynamic and syncretic and entirely at odds with the harsh worldview of the Taliban,” she said.
“Governments which think that they can live with ‘Pax Taliban’ will find that this is grave error that destroys Afghan lives, rights and cultures, and eviscerates important advances that had been made in culture and education in the last two decades with international support and through tireless local efforts.”
Bennoune said such a policy will harm Afghans most but will also set back the struggle against fundamentalism and extremism, and their harmful effects on cultures, everywhere in the world, threatening the rights and security of all.
Most recently, Professor Heyns was the was the Director of the Institute for International and Comparative Law in Africa at the University of Pretoria, and had also served as United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions from 2010 to 2016. See: https://www.trueheroesfilms.org/thedigest/laureates/dfa7df54-3cb2-465c-9655-d139b5486591.
His friends and colleagues pay tribute to a giant of global human rights:
The Centre for Human RightsCHR, in its tribute, called him their “founding father, a trail-blazer, and a constant source of inspiration and encouragement. He was our dynamic initiator-in-chief. He played a pioneering role in positioning the Centre as a pan-African centre of excellence. Constantly brimming with new ideas and grand schemes, plans and projects, he propelled the Centre into new directions and challenged it to explore different dimensions. “To Christof, if something could be conceived, it could be achieved.”
On Monday, the CHR created a memorial page on Facebook in his memory which, within hours, contained hundreds of entries from all over the world. The reactions registered on Facebook, on WhatsApp groups and emails speak volumes about how highly Heyns the man, the mentor, the “rock star” and the lawyer was regarded.
Arnold Tsunga, chairperson of the Southern Africa Human Rights Defenders Network
“The sudden demise of Professor Christof Heyns is a real tragedy to us as a community of human rights activists in southern Africa. As a member of the United Nations Human Rights Committee his contribution to production of General Comment Number 37 on the right to peaceful assembly is invaluable at a time when we are experiencing democratic regression and authoritarian consolidation globally. He is irreplaceable and shall be sorely missed. May his soul rest in eternal peace.”
Raenette Taljaard, former politician and independent analyst
“Prof Christof Heyns was one of South Africa and the world’s great thought leaders and moral authorities on human rights. Beyond his contribution to academia, his work as a UN Special Rapporteur stands as a towering tribute to the right to life in a world where algorithms and lethal autonomous weapons can make life and death decisions that are core to who we are as humanity. His work will live on in the many principled human rights fighters and public intellectuals that have had the privilege to encounter him and to be mentored by him. He will be greatly missed.”
Jason Brickhill, human rights lawyer and former director of the Constitutional Litigation Unit at the Legal Resources Centre
“So very shocked and sad to hear that Christof Heyns has passed on. Such a gentle, wise and self-deprecating soul. I was lucky to be taught by him (about the African regional human rights system) and he supervised my master’s dissertation just over a decade ago. “He did so much to advance human rights in very real, meaningful ways, especially with his work on the African regional system (he was a true pan-Africanist!) and on the right to life at the UN. “He shared with me and other classmates his ‘struggle approach’ to human rights, which is still the foundation for how I think about the law’s role in the world. We will remember you, Christof, and carry with us the ideas that you shared.”
Faranaaz Veriava, head of the Basic Education Rights programme at SECTION27
“Around 1995 I was young and green in my first job, working in the Idasa Pretoria office. Ivor Jenkins, our director, talked me into meeting with a Moroccan delegation visiting the Centre for Human Rights at the University of Pretoria to discuss human rights law. Prof Christof Heyns hosted the delegation. I was probably terrible in that meeting but Prof Heyns was warm and encouraging and I became very interested in the work of the Centre. The next year I registered in the LLM programme at the centre which was a pioneering programme at the time for students all over Africa interested in human rights law. Later I would teach annually in that same programme. Much later, complete my doctorate through the UP law school and then teach at the law school myself. If Ivor Jenkins had not thrown me in at the deep end that day, I wonder if I would have any history with UP – a historically Afrikaans university – and that is now such a positive part of my life. RIP Prof Heyns, a warm and inspiring man and pioneer in human rights law.”
Alice Brown, former resident coordinator, Ford Foundation
“What sad news. I met Christof in the late 1980s through my work with the Ford Foundation. Christof was an innovative human rights academic who was a trailblazer for a number of important rights-focused training programs. In addition, in all my interactions with him over the years, I found him to be a very decent human being.”
Thuli Madonsela, former Public Protector, current law trust chair in social justice, University of Stellenbosch
“What a sad occasion. He was such a mensch, resolutely devoted to developing leaders to advance democracy and human rights in this continent. “The news of the passing of Christof Heyns hit me like a ton of bricks. I have known Christof for all my grown-up life. “A quintessential professional, Christoff invested a lot in developing leaders that are anchored in a sound knowledge and values system regarding human rights and democracy. He was passionate about the African continent and building scholarship in the continent on human rights, democracy and the rule of law. “The country, the continent and the entire world is poorer because of Christof Heyns’ untimely passing, yet richer because of the legacy he leaves behind. It is said leaders do not die, they multiply. Christof leaves pieces of himself among the many scholars he nurtured and policymakers he touched. May his great soul Rest In Peace.” Christof Heyns and the Outlaws — the rock and roll band of the Faculty of Law at the University of Pretoria. Formed in 2007, they always played at the annual Faculty Festival. (Photo: Yolanda Booyzen)
Bongani Majola, Chairperson of the SA Human Rights Commission
“We deeply mourn the untimely passing of Prof Christof Heyns, a giant in the promotion of human rights. Empowering young people has always been his passion. I first met him in the late 1980s/early 1990s when he and I ran a project that sought to open opportunities for final-year law students from the then historically black universities to find placements in commercial law firms. At the time, it was hard for many black law graduates to be admitted to articles of clerkship and even harder – almost impossible to get placed in commercial law firms.
“Another empowerment project that Christof Heyns employed significantly to empower the youth was the moot court competitions that he and his colleagues took beyond the borders of South Africa, the borders of SADC and beyond the boundaries of the African continent. Recently, he had taken the promotion of human rights to schools in the basic education environment, a project that he passed on to the South African Human Rights Commission once it had taken a firm hold among basic education schools.
“He was a visionary who believed in investing in the youth in order to build a strong human rights culture. The country has lost a true human rights activist. He will be sorely missed.”
Edwin Cameron, former Constitutional Court judge
Really terribly shocked and saddened by Christof’s sudden death yesterday. He was a meticulous, conscientious, persistent, courageous fighter for justice and human rights.
Rose Hanzi, director of Zimbabwe Lawyers for Human Rights
“Very very sad. Prof Heyns raised the African continent high with his contributions at the ACHPR [African Commission on Human and Peoples’ Rights] and UN.”
Muleya Mwananyanda, Amnesty International
“So saddened to learn of the death of Prof Christof Heyns. Many of you may know him. He was my teacher and I suspect a few others on this group. What a dedicated Human Rights Activist he was. Beyond teaching, he will be remembered for drafting the General Comment on Freedom of Assembly … he was until his death after a heart attack while hiking a member of the HRC. MHSRIP”
Steven LB Jensen, Danish Institute for Human Rights
“Oh no, this is so sad and shocking news. I met him twice – first in Lund for a two-hour conversation just the two of us and again at the Danish Institute for a meeting on collaborations between our institutions. He was a wonderful person and so easy to engage with. He will be sorely missed by many all around the world.” DM/MC
From Amnesty International staff:
Dr. Agnès Callamard, the new Secretary General of Amnesty International, said: “Christof Heyns was a brilliant human rights lawyer and thinker, gentle person…He leaves behind such an extraordinary legacy.”
Shenilla Mohamed, Executive Director of Amnesty International South Africa, said: “A mighty baobab has fallen! The untimely death of renowned human rights law expert, Professor Christof Heyns, is a devastating loss. In Africa the Baobab Tree is considered a symbol of power, longevity, presence, strength and grace. Professor Heyns was a baobab in the human rights world. A giant in his field, he fought hard for a just world. As Director of the Institute for International and Comparative Law in Africa, he was involved in a number of critical initiatives. His contributions included: Chair of the UN independent investigation on Burundi, leading on the drafting of UN human rights guidelines on peaceful assembly and the use of less lethal weapons. He also served as the UN Special Rapporteur on extrajudicial executions. Hamba Kahle Professor Heyns, Ke a Leboga, Enkosi, Ngiyabonga, Thank you for your service to humanity. You have left indelible footprints and we salute you!”
Sam Dubberley, Amnesty International’s Head of Crisis Evidence Lab, said: “Christof’s support for establishing a hub of Amnesty’s Digital Verification Corps at the Centre for Human Rights at the University of Pretoria was unequivocal. He gave time, advice and space for this project to emerge, and welcomed the Amnesty team on every visit to Pretoria despite his always frantic schedule. Christof made everyone feel valued, and was a source of energy and sage advice. How he will be missed.”
Netsanet Belay, Research and Advocacy Director of Amnesty International, said: “Words fail me to express the profound sense of loss with the sudden passing of Professor Heyns. Like many, I had the privilege of working with him and benefited much from his wisdom, mentorship and guidance. He was a rare breed, one of Africa’s great legal minds, a passionate human rights defender and a kind, passionate, humble person. He nurtured and cultivated a cadre of human rights experts and activists in Africa, including by transforming the human rights centre at the University of Pretoria into a world class institution that produced Africa’s leading human rights scholars and practitioners. His publications on various human rights issues in leading academic journals are testament to his brilliance, wisdom and dedication. He was a true pan-Africanist, as exemplified in his work to champion and strengthen the African Commission on Human and Peoples’ Rights. His passing is also a great loss to Amnesty International. As [recently] as last week we were working with Professor Heyns on the draft report by the African Commission on Human and Peoples’ Rights on the use of force by law enforcement officials in Africa. We shall strive to ensure his last vision [is seen] to fruition. Rest in peace dear brother!”
Rasha Abdul-Rahim, Director of Amnesty Tech, said: “It was devastating to hear of the passing of Professor Heyns. All my thoughts and prayers are with his family and friends. Not only was Christof a renowned human rights expert, he was fiercely justice-focused and an absolute joy and pleasure to work with. Christof wrote the seminal Human Rights Council report that put the human rights risks of autonomous weapons systems on the agenda. He was always extremely generous with his expertise and time. This is a huge loss for the human rights movement, and we will miss him deeply.”
Avner Gidron, Senior Policy Adviser on Amnesty International’s Law and Policy Programme, said: “I worked most closely with Professor Heyns on The Minnesota Protocol on the Investigation of Potentially Unlawful Death in 2016. It’s a practical tool for human rights defenders and advocates around the world seeking accountability for unlawful killings; and it is now a small, but important, part of Christof’s vast legacy. As well as his importance as a brilliant legal mind, scholar and activist, I will remember Christof for actually embodying human rights values: being an incredibly warm, generous and considerate human being. His death is a tremendous loss for the human rights movement, and an unimaginable tragedy for his family and friends.”
Simon Crowther, legal advisor at Amnesty International, said: “Christof was a legal giant who approached his work with kindness, humility, humour and immense intelligence. He will be greatly missed.”
Anja Bienert, Senior Programme Officer at Amnesty International Netherlands, said: “I first met Christof in 2013 and immediately felt connected to him: his sharp mind, the careful and perfectly articulated thoughts on the many pressing human rights issues, but more importantly, his warm and welcoming personality, with whom it was a pleasure to discuss. Since then, he was an ongoing source of inspiration to me and a great ally in the fight for greater protection of human rights. He constantly strove not just to write excellent publications, but to have a real impact for the respect of human rights across the world. We will miss him incredibly. It will be our mission to uphold his great legacy in the field of human rights.”
A Thai scholar, Vitit Muntarbhorn, has been proposed for appointment as the new Special Rapporteur on the situation of human rights in Cambodia by president of the United Nations Human Rights Council Nazhat Shameem Khan.
Muntarbhorn was listed in the candidates proposed for the six vacancies of special procedure mandate holders scheduled to be filled at the 46th session of the Human Rights Council, according to a letter from Shameem Khan on Monday.
If the 46th session of the Human Rights Council approves, Muntarbhorn will be appointed as the UN Special Rapporteur on Human Rights Situation for Cambodia, replacing Rhona Smith, whose tenure ended in January.
Cambodian Human Rights Committee (CHRC) spokesman Chin Malin said Cambodia will welcome and work with whomever is selected as the Special Rapporteur.
Muntarbhorn was designated in September 2016 as the first UN independent expert on violence and discrimination based on sexual orientation and gender identity by the Human Rights Council. He is an international law professor..
He is currently a professor emeritus of law at the Chulalongkorn University in Bangkok, having taught international law, human rights, the law of regional organisations, migration and refugee law, child rights, international humanitarian law and European Union law. He was awarded the Unesco Human Rights Education Prize in 2004. [see: https://www.trueheroesfilms.org/thedigest/laureates/DB1D6BB8-85F5-7BBA-A715-5DA728579021]
Muntarbhorn has served on many United Nations bodies. He was formally the United Nations Special Rapporteur on the situation of human rights in South Korea. He has also been Special Rapporteur of the UN Commission on Human Rights on the sale of children, child prostitution and child pornography.
Thai authorities on 1 January 2021 made their 38th arrest of a pro-democracy activist in recent weeks under the country’s tough lèse majesté law as authorities crack down on the country’s unprecedented protest movement. That law, Section 112 of the Thai criminal code, forbids defamation of the king and provides for three to 15 years’ imprisonment for violations.The law had been dormant since King Maha Vajiralongkorn succeeded his father, King Bhumibol Adulyadej, who died in 2016. The Thai government, though, is now using it to try to stamp out continuing protests calling for the government to resign, a new constitution and reform of the monarchy
Thailand’s authorities must stop targeting pro-democracy protesters with draconian legal action and instead enter into dialogue, according to the UN’s special rapporteur for freedom of assembly, who warned the country risks sliding into violence. Clément Voule said he had written to the Thai government to express alarm at the use of the fierce lese-majesty law against dozens of protesters, including students as young as 16.
“It is legitimate for people to start discussing where their country is going and what kind of future they want,” Voule said of the protests. “Stopping people from raising their legitimate concerns is not acceptable.”
So far, 37 people face charges of insulting the monarchy for alleged offences ranging from wearing traditional dress deemed to be a parody of the royals to giving speeches arguing that the power and wealth of the king should be curbed.
Anti-government protesters flash a three-finger salute – a gesture used adopted by protesters from the Hunger Games films – as they gather in support of people detained under the lese-majesty law at a police station in Bangkok. Photograph: Narong Sangnak/EPA
Prominent protest leaders face an unusually high number of charges. This includes the student activists Parit Chiwarak, also known as Penguin, (12 charges) and Panusaya Sithijirawattanakul (six charges) and the human rights lawyer Anon Nampa (eight charges), who have given speeches calling for the power of the royals to be curbed.
The pro-democracy protest fundraiser Inthira Charoenpura speaks from a stage outside Bang Khen police station in Bangkok. Photograph: Gemunu Amarasinghe/AP
Protesters – who have faced various other charges over recent months, including sedition – declined to participate in a government reconciliation panel in November, rejecting it as an attempt to buy time. The recent cases come after months of demonstrations in which protesters have made unusually frank and public calls for reform to the monarchy.
Benja Apan, 21, one of 13 people facing charges over a demonstration outside the German embassy in Bangkok, said legal action was unlikely to deter protesters from coming out in the new year. “I actually think it will bring more people out, because it is not fair,” she said.
The human rights group Amnesty International has launched a campaign calling on PM Prayut Chan-o-cha to drop charges pressed on a number of activists for their role in the pro-democracy movement and to repeal, or at least amend, Thailand’s draconian lèse majesté law. According to the campaign, at least 220 people, including minors, face criminal charges for relating to their actions in the pro-democracy movement. Activists are calling on government and monarchy reform, raising issues considered taboo and unprecedented in Thai society. Thailand must amend or repeal the repressive laws it is using to suppress peaceful assembly and the expression of critical and dissenting opinions.
Amnesty International is calling on people to take action and send a letter to the prime minister, calling on the Thai government to change their approach when handing the ongoing protests to protect human rights. Sample letter by AI’s campaign calls on Prayut to:
Immediately and unconditionally drop all criminal proceedings against protesters and others charged solely for exercising their rights to freedom of peaceful assembly and expression
Cease all other measures, including harassment, aimed at dissuading public participation in peaceful gatherings or silencing voices critical of the government and social issues
Amend or repeal legislation in order to ensure it conforms with Thailand’s international human rights obligations on freedom of peaceful assembly and expression, and to train state officials to carry out their duties confirming to Thailand’s obligation to respect, protect and fulfil the peaceful exercise of the rights to freedom of peaceful assembly and expression.
On Saturday 19 December 2020 Maya Taylor in The Thaiger had already reported that the United Nations High Commission for Human Rights has expressed shock and dismay at Thailand’s use of its strict lèse majesté law against a 16 year old pro-democracy activist. The UN High Commissioner for Human Rights’ spokesperson Ravina Shamdasani has called on Thailand to refrain from using the law against those exercising their right to freedom of speech, as she expressed alarm that a minor was being charged under the law. “It is extremely disappointing that after a period of 2 years without any cases, we are suddenly witnessing a large number of cases, and – shockingly – now also against a minor. We also remain concerned that other serious criminal charges are being filed against protesters engaged in peaceful protests in recent months, including charges of sedition and offences under the Computer Crime Act. Again, such charges have been filed against a minor, among others.”
“The UN Human Rights Committee has found that detention of individuals solely for exercising the right to freedom of expression or other human rights constitutes arbitrary arrest or detention. We also urge the government to amend the lèse majesté law and bring it into line with Article 19 of the ICCPR on the right to freedom of expression.”
Thailand’s Foreign Ministry spokesman has played down the UN High Commissioner for Human Rights’ criticisms over the kingdom’s enforcement of the Lese Majeste law.
It is with great sadness that I learnt of the death of my old friend Nigel Rodley at the age of 75. From 1973 to 1990, he was the first Legal Adviser of Amnesty International (I was Executive Secretary of the International Commission of Jurists in Geneva at the time) and in that capacity we met often and worked together on many projects, in particular the coming about of the International Convention Against Torture. Nigel went on to become the United Nations’ Special Rapporteur on Torture, President of the International Commission of Jurists, Chairman of the UN Human Rights Committee and a long-time professor and Chair of the Human Rights Centre at the University of Essex. We saw each other last year at the anniversary party of our common friend Leah Levin and he was as sharp as ever. Reed Brody on his Facebook page wrote rightly: “Sir Nigel Rodley, one of the legends in the field of international human rights“. We will miss him.
Israel has used excessive force against Palestinians, Makarim Wibisono, the outgoing UN Special Rapporteur on Human Rights in Gaza and the West Bank said, calling for an investigation. He demanded that all Palestinian prisoners, including children, be charged or released. “The upsurge in violence is a grim reminder of the unsustainable human rights situation in the Occupied Palestinian Territory and the volatile environment it engenders”. Makarim Wibisono has announced he is resigning in protest at the Israeli government’s response to his concerns (his term would have expired on 31 March). The special investigator quoted statistics by the Israeli human rights group B’Tselem, which say that about 5,680 Palestinians, including children, were detained by Israel as of the end of October 2015. Detaining these people “often under secret evidence, and for up to six-month terms that can be renewed indefinitely, is not consistent with international human rights standards,” Wibisono said, adding that the Israeli government “should promptly charge or release all administrative detainees.” Israeli Foreign Ministry spokesman Emmanuel Nahshon branded Wibisono’s report as biased. “The report reflects the one-sidedness of the mandate and its flagrant anti-Israel bias. It is this one-sidedness which has made the rapporteur’s mission impossible to fulfill, hence his resignation,” he said.
Front Line reports that on 3 February 2016, human rights defender Mr Awni Abu Shamsiyya, son of human rights defender Mr Emad Abu Shamsiyya, was arrested alongside youth activist Mr Nizar Silhab Al-tamimi. The arrest took place after a raid on the Shamsiyya family home in Tel-Rumeida, Hebron. Awni Abu Shamsiyya and Nizar Silhab Al-tamimi were accused of throwing a Molotov cocktail at Israeli soldiers and of posting inflammatory statements on Facebook. [Awni Abu Shamsiyya is a 16 year old, known for his participation in the Palestinian non-violent popular resistance movement in Hebron. He is also an active member of the Human Rights Defenders Group, a non-partisan group that aims to document and expose violations of international law and injustice against families in areas of conflict under Israeli occupation. His father, Emad Abu Shamsiyya, is a long-standing activist in Palestine and volunteer at B’Tselem, the Israeli Information Center for Human Rights in the Occupied Territories, where he is involved in documenting the occupation of Tel-Rumeida. He is also a deputy coordinator of the Human Rights Defenders Group.In May 2015, Emad Abu Shamsiyya’s family home was subjected to an attempted arson attack by settlers in the middle of the night. In March 2015, a group of soldiers invaded his family home, searched the house and confiscated the family’s computer hard disk and a memory card containing footage filmed by B’Tselem volunteers. http://www.btselem.org/hebron/20150402_night_search_and_confiscation]
On 4 February 2016, Awni Abu Shamsiyya and Nizar Silhab Al-tamimi were interrogated by Israeli police and intelligence services before being brought before the military court of Ofer, where the accusations against the young activists of throwing a Molotov cocktail at Israeli soldiers and posting inflammatory statements on social media were presented, and a fine of appr €460 was requested by the military prosecutor. The court ordered Awni Abu Shamsiyya’s release after holding that the accusations against him had not been proven, however, the trial of Nizar Silhab Al-tamimi was postponed to 7 February 2016 after it was claimed by the military prosecutor that his confession had been obtained.
As an illustration of the context in which the violence and arrests occur see the report of Tuesday, 9 February 2016, by the International Solidarity Movement, al-Khalil team (Hebron), which published graphic pictures of Israeli forces patrolling the Palestinian market in occupied al-Khalil (Hebron), harassing and intimidating residents.
Israeli forces on their patrol through the Palestinian market
Any male adult or youth was stopped on their way to work and forced by the Israeli soldiers to lift up their shirts and trouser-pants, as well as throw their IDs on the ground. After throwing their IDs on the ground Israeli soldiers ordered the men to move back, so they could pick up the IDs from a ‘safe distance’. Most Palestinians were dismissed after this humiliating procedure, whereas some of them were detained for minutes or violently body-searched.
Also interesting to note here the protest by Palestinian human rights defenders who are condemning the killing by Hamas of one of the resistance organization’s own members in Gaza. On Sunday, the Qassam Brigades, the military wing of Hamas, announced it had executed Mahmoud Rushdi Ishteiwi. Qassam said that the slaying of Ishteiwi implemented a death sentence issued by “the military and Sharia judiciaries of Qassam Brigades for behavioral and moral excesses that he confessed.”
“Killing Ishteiwi in such a way constitutes an assault on the rule of law and might institutionalize a serious case of extrajudicial execution,” said the Palestinian Centre for Human Rights (PCHR). “Prosecuting collaborators with the Israeli forces is necessary, and the Palestinian armed groups play an important role in such prosecution,” PCHR stated. “However, only official authorities should open investigations and hold the perpetrators to account.” Following news of Mahmoud Ishteiwi’s execution, Buthaina Ishteiwi told the Wattan news outlet that she believed her brother had been killed due to a dispute with his superiors.
[Under the laws of the Palestinian Authority, death sentences issued by courts can only be carried out after ratification by the PA president. The West Bank-based PA leader Mahmoud Abbas has not ratified any death sentences in a decade. Hamas has however continued the use of the death penalty in Gaza. According to PCHR, a total of 172 death sentences have been issued since the PA was established in 1994, of which 30 were in the West Bank and 142 in Gaza. Eighty-four death sentences were issued since Hamas took over in Gaza in 2007. But however serious the threat from informants, Palestinian human rights defenders have been adamant that even wartime collaboration must be dealt with according to the rule of law. Both PCHR and Al Mezan have moreover long advocated the total abolition of the death penalty in all cases. In a short film entitled “Against the Death Penalty” and released in December, PCHR highlights its campaign to end the practice once and for all.]
Uzbek authorities should immediately and unconditionally release the imprisoned human rights defender Azam Farmonov, whose sentence has been arbitrarily extended for five years by an Uzbek court, Human Rights Watch said on 28 May. In a related press statement NGOs call on the UN Human Rights Council to mark the 10th anniversary of the Andijan massacre to establish a special rapporteur on the human rights situation in Uzbekistan to hold the government accountable for ongoing, egregious abuses and the ensure sustained scrutiny and public reporting on human rights developments in the country. The Uzbek government’s serious, systematic violations and persistent refusal to cooperate with the UN’s human rights mechanisms-including by denying access to special procedures, and failing to implement key recommendations made by treaty bodies and UN member states under the Universal Periodic Review-warrant resolute Human Rights Council action.
[The arbitrary extension of Farmonov’s prison term shortly before his scheduled release date for allegedly “violating prison rules,” came to light on May 21, 2015. The EU and the UN Committee against Torture have previously called for Farmonov’s release. “Azam Farmonov has already lost nine years simply for being a human rights activist in Uzbekistan,” said Steve Swerdlow, Central Asia researcher at Human Rights Watch. “The cruel addition of five more years to his sentence is yet another sign that the Uzbek government should be made to pay a price for its abysmal human rights record.”]
Human Rights Watch has documented the practice of arbitrarily extending the sentences of people imprisoned on political charges. The action is often taken just days before the person is to be released, on bogus grounds such as possessing “unauthorized” nail clippers, saying prayers, or wearing a white shirt and may result in years of additional imprisonment.
Farmonov’s family also revealed that they had received a note Farmonov had written on toilet paper in which he appeals to United Nations Secretary-General Ban Ki-moon to raise the issue of his unjust treatment directly with President Islam Karimov and senior officials in the Uzbek government. Ban is scheduled to visit Uzbekistan from June 9 to 11 and should urge President Karimov to uphold Uzbekistan’s international human rights commitments and release all those held on politically motivated charges.
The EU, the UN Committee against Torture, and other bodies have earlier called for Farmonov’s release. In an official statement by then-European Commission president José Manuel Barroso, at a January 2011 meeting in Brussels with Karimov, Barroso raised specific human rights concerns, including Farmonov’s unjust imprisonment and ill-treatment. In its 2014 human rights dialogue with Uzbekistan, the EU noted its concern with the authorities’ practice arbitrarily extending sentences. But an EU statement on May 18 following a meeting of the EU-Uzbekistan Cooperation Council reads: “the EU welcomed Uzbekistan’s readiness to discuss about human rights with the EU in an increasingly open fashion within the Human Rights Dialogue.” “The extension of an unjust sentence for a human rights defender, not Uzbek officials’ hollow rhetoric, is the real test of whether the government is ‘ready’ to improve human rights,” Swerdlow reacted
In his report, the Special Rapporteur on the situation of human rights defenders, Michel Forst, [presented to the 28th Session of the UN Human Rights Council on 9 March 2015 and published earlier as A/HRC/28/63] underscores that violations of freedom of expression are a central feature of attacks against human rights defenders.
As well as outlining his recent activities, the report sets out a clear and comprehensive “road map” for the issues the mandate will address during his tenure based on extensive consultations. In this regard, Michel Forst emphasises that he will interpret his mandate as broadly as possible, and identifies nine key themes he will address through his work. On this basis, he calls on all States to, inter alia:
Combat impunity for threats and violations aimed at human rights defenders;
Repeal laws criminalising the work of human rights defenders;
Pay particular attention to defenders “most exposed” to risk;
Cooperate with the mandate, including by responding satisfactorily to communications, and extending open invitations for country visits.
The Special Rapporteur expresses serious concerns regarding reprisals against defenders engaging with international human rights mechanisms. [E.g. of 34 defenders recently convicted or imprisoned in Azerbaijan as part of a broad campaign to suppress dissenting voices, NGOs such as Article 19 have noted that several have been targeted for their engagement with the Council of Europe and European Court of Human Rights. Ten NGOs have jointly called upon the Human Rights Council to address Azerbaijan under Item 4 of the Council’s agenda.]
Hans Thoolen on Human Rights Defenders and their awards 