Posts Tagged ‘trial observation’

Turkey: who will defend the human rights defenders?

February 16, 2020

Milena Buyum, Amnesty International, wrote on 14 February 2020 a moving piece on the detention and suffering of her fellow human rights defenders in Turkey.

Some moments in life are forever etched in our minds. Everyone recalls where they were when they heard their favourite rock star died, or how they felt around the birth of a child. For me, 6 June and 5 July 2017 are two dates that will forever be on my mind. They are the days when I learned that my friends and colleagues, human rights defenders, had been detained by Turkish police…On 6 June 2017, I was in Istanbul on a work visit, meeting with journalists and lawyers ahead of the start of the trial of two writers. It had almost been a year since the attempted and bloody military coup of July 2016. The Turkish government had responded with a sweeping crackdown on dissenters from all backgrounds, which was continuing to gather pace. I was with the editor of a small newspaper when I heard that my colleague Taner Kılıç had been detained. I will never forget the sinking feeling during those first moments. Trying to make sense of the nonsensical is always difficult. Knowing about the crackdown had not prepared me for how I’d feel when someone I knew was caught up in it.

…..

It was around 8pm on 5 July when I saw several missed calls from a colleague in Turkey. When I rang back, I learned that Amnesty’s Director in Turkey, Idil Eser, and nine others were in detention after being arrested  while attending a workshop on the island of Buyukada. My friend and sister Ozlem was among them. I recall vividly the ensuing hours, making frantic calls to whoever I could think of to try and find out where they were and what was going on. How could people be arrested for attending a human rights workshop? It made no sense.

…….

This week, I will be in Istanbul for the verdict in the case of Taner and the Buyukada 10. If found guilty of ‘membership of a terrorist organisation’, they could face up to 15 years behind bars. At the last hearing in November, I was in the courtroom when the state prosecutor requested that Taner and five of the Buyukada 10 – Idil, Ozlem, Gunal, Nejat and Veli – be convicted, and recited those initial absurd allegations that had been destroyed under the weight of the evidence their defence had provided. This included the allegation that Taner had the secure messaging app ByLock on his phone. Since the coup attempt the authorities have used this allegation against tens of thousands of people to try to prove they were part of an armed terrorist organization. In Taner’s case it was proven to be baseless, including by the state’s own reports to the court. In fact, after 10 hearings in the case, all the accusations made against them have been shown, one by one, to be entirely baseless. How is it possible that the state is still asking for the convictions of our colleagues and friends? The situation facing them is not unique. Their situation is in many ways emblematic of the wave of repression that has gripped Turkey. On Tuesday, another landmark verdict is expected in the case of Osman Kavala and 15 others accused of conspiring to overthrow the government. Despite failing to produce a shred of evidence to support their claim, the prosecution has nevertheless sought life prison for them… [see also: https://humanrightsdefenders.blog/2020/01/29/turkey-defies-european-court-on-kavala-and-undergoes-upr-review/]

I have been in that courtroom for this trial ever since it began. Each time, the absurdity of the prosecution and the complete lack of evidence of any crime having been committed – let alone under terrorism laws – struck everyone in attendance as reserved to the pages of a nightmarish novel. When I walk into the Istanbul courtroom next week, I know there is only one outcome that could deliver justice.  Taner, Ozlem, Idil, Nala. Seyhmus, Ilknur, Ali, Peter, Veli, Gunal and Nejat must all be acquitted. For defenders of human rights, for our friends, for human rights in Turkey, this is the only way just end to this long saga.

https://www.amnesty.org/en/latest/news/2020/02/who-will-defend-the-defenders/

TrialWatch finds its feet in 2019

February 15, 2020

TrialWatch logo

Photo courtesy of the Clooney Foundation for Justice.

A year ago this January, I flew out of Sarajevo to join the ABA Center for Human Rights (CHR), ready to start work on CHR’s new program, TrialWatch. ….Since the TrialWatch program was new, I did not know what to expect. In Bosnia, I had dedicated the past several years to advocating for wartime victims seeking justice. Many of these men and women had spent decades pounding on the doors of institutions that had long consigned them to oblivion. As I entered the ABA lobby on my first day, I wondered what it would be like to instead focus on defendants vulnerable to abuse of their rights. What I found was that the experience and ethos of TrialWatch were uncannily similar to those of my work in Bosnia. We aim to ensure that people are not forgotten.

…..

Criminal prosecutions are one weapon in the ever-expanding arsenal of those who seek to derail human rights. Through TrialWatch, CHR sends monitors to proceedings at which they are often the only independent observers. These are remote, dilapidated courtrooms outside the capitals, places where no one would expect a monitor to show up. Our presence can make a significant difference.

In Algeria, for example, CHR sent a monitor to observe the trial of Ahmed Manseri, a human rights defender prosecuted for defamation for claiming that he had been tortured by the authorities. The monitor traveled through multiple checkpoints to reach the city of Tiaret in northern Algeria, some 300 kilometers from the capital of Algiers. The judge, aware of CHR’s interest in the case, treated Manseri differently from all others in court that day, giving Manseri’s lawyers adequate time to conduct questioning, providing Manseri himself with an opportunity to speak, spending several hours on the hearing (as opposed to the five to 15 minutes afforded other defendants), and ultimately acquitting Manseri. When we spoke to Manseri and his lawyer after the trial, they relayed that Manseri may not have gone home that day if the monitor had not been in court. This is CHR’s work: ensuring that people facing the greatest risks are not forgotten, that their voices are heard, and that relevant institutions take their experiences and claims seriously. In some cases, as in Algeria, making an appearance is just as important as the final report.

Prisoners
More than 100 defendants were convicted as part of a mass trial with respect to an alleged coup plot in Equatorial Guinea. Photo provided by the ABA Center for Human Rights.

In other cases, documentation is critical. If we do not record the abuses that occur in the courtroom, they will be lost in a labyrinthine system with no recourse for defendants. In Equatorial Guinea, CHR monitored the trial of over a hundred individuals prosecuted in connection with an alleged coup attempt. In court, our monitors observed egregious fair trial violations, such as the repeated use of confessions induced by torture, the intervention of military officials in the judicial process, and the imposition of time limits on defense questioning. The defendants were ultimately convicted—some to what were functionally life sentences.

As Equatorial Guinea is a relatively closed country—its doors wide open to oil behemoths but shut to most others—CHR was the only outside entity to send observers to the trial. The information we acquired proved helpful for embassies and other organizations tracking the proceedings. Human Rights Watch, for example, employed CHR’s report to produce a video on the trial that was widely disseminated in Equatorial Guinea via WhatsApp. Meanwhile, CHR’s report was raised before the United Nations Human Rights Committee, after which the committee condemned military interference in civilian trials. Correspondingly, defense lawyers have used the report’s conclusions in advocating for their imprisoned clients. Without the valuable data gained from simply sitting in the courtroom, these various opportunities for impact would have been lost and—again—the defendants forgotten.

 


TrialWatch followed a case in Guatemala of a human rights defender named Abelino Chub, shown here with an unidentified woman. Chub was held in pretrial detention for two years. Chub was being prosecuted on allegations he had burned down trees and fields on a plantation operated by Cobra Investments, a banana and palm company. He was ultimately acquitted. Photo provided by the ABA Center for Human Rights

The overarching goal of ensuring that defendants receive the necessary support motivates the TrialWatch team to grapple with these challenges, as do the inspiring monitors with whom we work. One of TrialWatch’s objectives is to democratize trial monitoring—to place the tools to observe trials in the hands of affected communities. Dedication and a willingness to learn are the only requirements. In a recent case, two different entities within the prosecution appeared to be at odds. One entity had withdrawn the charges, and the other seemed to still be pursuing the case. CHR’s enterprising trial monitor brought a copy of the withdrawal document across town to the latter entity’s office. The office claimed to have never seen this document—or at least to have never been directly confronted with it—and stated that it would cease work on the case. At the moment, the office no longer appears to be pursuing the charges.

In another example, a CHR monitor who is not a lawyer but passionate about press freedom issues agreed to travel to a remote province in Cambodia—a nine-hour bus ride—on Christmas day to observe the start of a trial in which two journalists were being prosecuted for incitement. Though the trial did not in fact proceed that day, the monitor was able to document valuable information, such as the judge ordering defense counsel not to contact the U.S. embassy: a troubling and noteworthy development. That my job entails working closely with these monitors—such a perseverant, diverse group of individuals—makes it all the more worthwhile.

Lastly, one of the most ironic features of trial monitoring is that there is frequently no trial to monitor. In many countries, authorities use criminal charges and detention as a punishment in itself: the trial in such cases is not of consequence. By imprisoning defendants pending trial, deferring substantive proceedings in the vein of Godot, states can avoid scrutiny while still harassing defendants and stifling their work. Through TrialWatch, we have been able to document and respond to this phenomenon.

In India, for example, CHR monitored habeas corpus proceedings brought by journalist Kishorechandra Wangkhem, who had been arrested on sedition charges for posting Facebook videos in which he criticized the ruling party. When the judge presiding over the case released Wangkhem on bail, the authorities rearrested and imprisoned him on national security grounds. CHR subsequently issued a preliminary report concluding that Wangkhem’s detention was inconsistent with international law. Soon thereafter, he was released, having spent 132 days behind bars.

Similarly, in Nigeria, CHR monitored proceedings against Omoyele Sowore, a journalist who had been charged with treason. Awaiting trial, Sowore remained imprisoned by the state security services despite the presiding court’s order to release him. Amal Clooney, the co-founder of TrialWatch, made a public statement calling for Sowore’s release, bolstering the international uproar and placing pressure on the state. Approximately a month later, Sowore was released.

Defendants languishing in detention, sometimes for years on end, are the most at risk of being forgotten. Seeing these individuals go free in part because of our work is one of the most rewarding aspects of TrialWatch. I am proud to lead the program at the ABA Center for Human Rights and look forward to my second year.

If you are interested in signing up to be a TrialWatch monitor, please fill out this form.

 

http://www.abajournal.com/news/article/volunteer-trial-monitors-are-helping-secure-human-rights-around-the-globe

Progress with the TrialWatch app of the Clooney Foundation

September 10, 2019

Illegitimate judicial proceedings are increasingly being used as a ‘rule-of-law-shield’ to fend off legitimate criticism,” says David Pressman, the Executive Director of the Clooney Foundation for Justice (CFJ). No overall system exists to monitor the fairness of trials around the world: some cases receive media attention and are well documented, whereas others are only followed by local activists. To bridge this gap, the CFJ, founded in June 2016, set up TrialWatch, an international monitoring program. Launched in April 2019, TrialWatch trains individuals in the basics of trial-monitoring, and equips them with the TrialWatch app, developed with Microsoft, to help them collect information about trials of interest in their areas. That information is then passed on to legal experts, such as international human rights lawyers, who assess it and write fairness reports. In time, this will contribute to a global justice index, ranking countries by the fairness of their legal system.

By early May 2019, TrialWatch was already monitoring 18 trials around the world, from Nigeria to Belarus, a number which the organisation wants to increase. “TrialWatch aims to solve the challenge of scaling trial-monitoring,” says Pressman. Trial-monitoring has been used by legal experts and lawyers for many years, because it increases transparency, creates a simplified record of the trial, and can facilitate reform. To make it easier to become a monitor, the CFJ developed a new set of guidelines accessible to non-experts, which were approved by the Office of the United Nations High Commissioner for Human Rights, the American Bar Association and Columbia Law School.

The TrialWatch smartphone app gives trial-monitors the tools to collect essential information, and store it securely in one place. The training that trial-monitors receive helps ensure that they record the right information, and straightforward yes/no questionnaires help them speed up collection. Within the app, trial-monitors can also take photos, shoot videos, and record audio – which is useful, given that many of the monitored trials happen in languages which aren’t widely spoken. Audio files are transcribed in the original language and then translated into English by Microsoft’s Azure Cognitive Services. All that is securely uploaded to the cloud, to be pored over by the CFJ’s legal experts.

Our hope is that TrialWatch can help expose states when they fall short,” Pressman says . “It can demonstrate the ways that states are instrumentalising the courts in an effort to legitimise human rights abuses.

https://www.wired.co.uk/article/amal-clooney-trialwatch-app

TrialWatch officially launched by Clooneys

April 25, 2019

As announced earlier this year [https://humanrightsdefenders.blog/2019/03/15/star-power-for-good-george-and-amal-clooney-at-least-try-to-tackle-controversial-issues/] on 25 April 2019 the Clooney Foundation for Justice (CFJ), together with partners Microsoft Corporation, Columbia Law School, the American Bar Association, and the Office of the United Nations High Commissioner for Human Rights (OHCHR), launched their TrialWatch® initiative at an inaugural TrialWatch Conference and launch event.

Clooney Foundation For Justice Logo

Courts around the world are increasingly being used to silence dissidents and target the vulnerable. But so far there has been no systematic response to this,” said Amal Clooney, Co-President, Clooney Foundation for Justice. “The Clooney Foundation for Justice’s TrialWatch program is a global initiative to monitor trials, expose abuses, and advocate for victims, so that injustice can be addressed, one case at a time.”

TrialWatch is an initiative focused on monitoring and responding to trials around the world that pose a high risk of human rights violations. TrialWatch aims to be the first comprehensive global program scrutinizing criminal trials around the world. CFJ will recruit and train trial monitors, including non-lawyers, who can observe and report on criminal trials around the world, and use a specialised app to record the proceedings. The Clooney Foundation for Justice will then work to expose injustice and rally support to secure justice for defendants whose rights have been violated. For each trial monitored, CFJ will work with an eminent legal expert to produce a Fairness Report assessing and grading the fairness of the trial against human rights standards, and, where necessary and possible, will be followed up with legal advocacy to assist a defendant in pursuing remedies in regional or international human rights courts. Ultimately, the data that is gathered will populate a global justice index that measures states’ performance in this area.

TrialWatch will focus on trials involving journalists, LGBTQ persons, women and girls, religious minorities, and human rights defenders. In recent months, TrialWatch monitors have observed proceedings in Africa, Asia, Europe, the Middle East, and Latin America. The cases have involved journalists being prosecuted under a wide variety of laws, including cyber laws, administrative laws, and terrorism laws, in six countries. TrialWatch has covered a trial of individuals being prosecuted under anti-LGBTQ laws in sub-Saharan Africa and proceedings involving a journalist detained under India’s National Security Act for criticizing the government on social media. TrialWatch monitors are also monitoring the trial of a lawyer in Eurasia, who is being prosecuted in connection with his work on behalf of human rights defenders and the trial of a journalist in Nigeria, who is being prosecuted for writing about internal government documents and refusing to reveal his source. Fairness reports are being produced to assess each of these trials, and many more trials will be monitored on an ongoing basis around the world.

CFJ has partnered with the Office of the United Nations High Commissioner for Human Rights (OHCHR) to develop an online training course for monitors. This course was developed by CFJ and approved by OHCHR.

——

https://finance.yahoo.com/news/clooney-foundation-justice-convenes-human-rights-leaders-mark-103100664.html?

Star power for good: George and Amal Clooney at least try to tackle controversial issues

March 15, 2019

On 16 March 2019 Belinda Goldsmith reports for the Thomson Reuters Foundation from Edinburgh how celebrity couple George and Amal Clooney say they want to use their star power to push for justice globally for women, children, LGBT+ people, religious minorities and journalists. Too many celebrities simply ignore these (controversial) issues and focus instead on less complicated charity work or – worse – serve the human rights violators by lending their name [see: https://humanrightsdefenders.blog/2019/01/31/amnesty-international-calls-on-golfers-not-to-play-the-saudi-propaganda-game/]

The couple’s Clooney Foundation for Justice, set up in 2016, plans to this year launch, TrialWatch, a project to monitor trials and create an index to track which countries are using courtrooms to oppress minorities and government critics. Amal Clooney, an international human rights lawyer, said it was important to expose injustices and the countries using courts to target vulnerable people, human rights defenders and press freedom. “We now have the highest number of journalists in jail in the world since records began,” she told a charity gala organized by the People’s Postcode Lottery in Edinburgh. [See also: https://humanrightsdefenders.blog/2015/10/16/amal-clooney-speaks-about-the-maldives-at-ai-side-event/]

The Clooneys said they were both committed to using their fame to raise awareness about human rights abuses and corruption. Amal Clooney said her job was less glamorous than it might seem as it mainly involved piling through vast amounts of paperwork but their fame could be used to their advantage. [See also: https://humanrightsdefenders.blog/2015/02/26/george-clooney-speaks-out-on-sexual-violence-in-darfur/]

Her actor husband also played down the glamor of fame, joking about being the father of one-year-old twins, but acknowledged that he had always been determined to use the public spotlight to do good. “I didn’t grow up wealthy,” he said. “If you end up getting lucky, you should share that luck.

Two Giorgis speak about Azerbaijan’s continued refusal to play fair

April 3, 2015

From many sources including this blog [https://thoolen.wordpress.com/tag/azerbaijan/], we know that Azerbaijan is a leader in the category ‘crime does pay’. For a more general article on this topic see: https://www.linkedin.com/pulse/20140603192912-22083774–crime-should-not-pay-in-the-area-of-international-human-rights.

During the last 2 days of March 2015 it decided to detain a Georgian trial observer in the airport. As ‘non co-operation’ (to use a euphemism) tends to get underreported – which is exactly why it is so attractive –  here in full the interview which Giorgi Lomsadze of EurasiaNet.org had with the Giorgi Godia, the Human Rights Watch’s South-Caucasus representative who is the one who came to observe the trials of imprisoned human-rights lawyer Intigam Aliyev and rights-activist Rasul Jafarov. [The Azerbaijani government, as yet, has not provided a reason for Gogia’s detention and subsequent deportation back home.] Azerbaijan may be willing to host sports events, but fair play is not part of it.

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.

Russia: “foreign agent” law considered constitutional and upheld against Memorial

April 10, 2014

 

In a hearing observed on 8 April by the Observatory for the Protection of Human Rights Defenders (FIDH-OMCT joint programme), the Saint Petersburg City Court upheld that the Anti-Discrimination Centre (ADC) “Memorial”, a prominent Russian NGO was performing the functions of a “foreign agent” and had to register as such for its human rights work.

At the end of yesterday’s hearing, which lasted less than an hour, the Observatory mission delegate reported that the judge interrupted ADC “Memorial’s lawyers on several occasions throughout the session, thereby hindering their capacity to develop their arguments and breaching their right to a fair trial and due process, while no one objection or remark was voiced when the prosecutor was speaking. Once again, the City Court pointed a report submitted by ADC “Memorial” to the United Nations Committee Against Torture in 2012 as the only evidence of its so-called “political activities Read the rest of this entry »

Russian court declares ADC Memorial formally as “foreign agent” – others to follow

December 16, 2013

 

On December 12, 2013, the Anti-Discrimination Centre (ADC) “Memorial was officially declared a “foreign agent” by the Leninsky District Court of St Petersburg, and was ordered to register as such with the Ministry of Justice, according to  information received by the Observatory for the Protection of Human Rights Defenders. Today, the court unexpectedly established that all the activities of ADC “Memorial” fall under the definition of “performing the functions of a foreign agent”. Accordingly, for the first time, a court has directly labelled a human rights NGO a “foreign agent”, and did not just order it to register as such. This decision could pave the way to increased harassment of all human rights organisations in the Russian Federation. Read the rest of this entry »

Trial Observation lawyer denied entry into Bahrain for trial of Naji Fateel starting tomorrow

November 17, 2013

While the appeal of human right defender Naji Fateel in Bahrain is due to start tomorrow, 18 November, a group of five human rights NGOs regrets the lack of cooperation by Bahraini authorities to allow access to the country for a trial observation mission. The Arabic Network for Human Rights Information, the Cairo Institute for Human Rights Studies, Front Line Defenders, the Gulf Center for Human Rights, and the Observatory for the Protection of Human Rights Defenders (a joint programme of the International Federation for Human Rights – and the World Organisation Against Torture), had mandated – with support from IFEX  – a lawyer to observe the trial, but their request remains unanswered.

[Naji Fateel, co-founder of the Bahrain Youth Society for Human Rights and a blogger, was sentenced on September 29, 2013 to 15 years in prison for “the establishment of a group for the purpose of disabling the constitution” under Article 6 of the Terrorism Act.]

via Bahrain: Lawyer mandated by international human rights NGOs denied entry to Bahrain to observe the trial of human rights defender Naji Fateel / November 15, 2013 / Urgent Interventions / Human rights defenders / OMCT.