Posts Tagged ‘trial observation’

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.

Trial Observation report re Turkish human right defender Osman İşçi, by EMHRN

July 5, 2013

Observation of the trial of Osman İşçi, human rights defender and trade-unionist

On 25 June the Euro-Mediterranean Human Rights Network (EMHRN) published the trial observation report concerning its Executive Committee member, human rights defender and trade unionist M. Osman İşçi. He was arrested in Ankara, Turkey, one year ago on 25 June 2012, and detained at the high-level security prison of Sincan, Ankara, along with another 27 trade unionists arrested on the same date facing proceedings for allegedly supporting a terrorist organization.

The first hearing of Osman İşçi’s trial took place on 10 April in the Ankara Special Court, after ten months of pre-trial detention. Following this hearing, M. Osman İşçi and 21 other trade unionists and human rights defenders were released, however the charges against them remain and a new hearing is scheduled for the 8 July 2013. The trial observers noted that it had been conducted with courtesy by all participants, and defendants and their lawyers had been permitted to take an active part in the hearing. Nevertheless they noted with concern that a number of central features of international fair trial standards appeared to be absent from the hearing, and from the proceedings generally. To read the trial observation report please control/click here

via Observation of the trial of Osman İşçi, human rights defender and trade-unionist | Euromedrights.

labour activists in Thailand get hearing on 28 May but have lost some of their hearing

May 20, 2013

After an absence for a few days for a fascinating meeting of and on HRDs in York university, UK, on which I will report more on another occasion, I return to my regular blog with a case that involves two kinds of hearingRead the rest of this entry »

Human Rights Watch demands fair trial for 94 defendants in UAE

March 16, 2013

United Arab Emirates (UAE) authorities should guarantee the safety of 94 defendants facing trial on state security charges says Human Rights Watch. They should also establish an independent investigation into the defendants’ allegations of ill-treatment in detention. The second session of their trial begun on 11 March 2013.HRW_logo

At the first trial session on March 4, authorities brought 84 of the 94 accused before the court to enter pleas. The remaining 10 are being tried in absentia. All 84 of the defendants denied the charges, which, local activists say, are largely based on confessions obtained from two of them, apparently while they were detained incommunicado in 2012. One of the two, Ahmed al-Suweidi, told the court he is innocent and asked for its protection. He told the judges: “I know that what Im going to say may cost my life, but I deny the charges and I ask the court to protect my life and the life of my family,” according to witnesses present in the courtroom.  Many of the other defendants told the court that they had been seriously ill-treated during months in detention, including prolonged solitary confinement, exposure to continuous fluorescent lighting that made it difficult to sleep, inadequate heating, and hooding when they were taken from their cells, including while being taken to the toilet or for interrogation. They said they had been repeatedly insulted by prison guards. Lawyers acting for the defendants have repeatedly pressed the judicial authorities to investigate these allegations, but they have yet to do so. “This trial raises serious questions about the UAE’s willingness to respect the fundamental right of all accused to receive a fair trial,” said Sarah Leah Whitson, Middle East director at Human Rights Watch. “The court shouldn’t admit evidence obtained through ill-treatment or coercion. And the UAE government should ensure allegations of ill-treatment of detainees are properly investigated at once.” Authorities prevented a group of international observers and journalists from entering the court on March 4, stating that they had not requested permission from the Ministry of Justice. Security officials also denied entry to the UAE to two international human rights observers who attempted to enter the country to monitor the trial. “The UAE authorities seem intent on keeping this trial as much under wraps as they can,” said Whitson. “If they are interested in ensuring a fair trial, they should allow international observers to attend the court sessions, not block their presence.”

via UAE: Ensure Safety of 94 on Trial | Human Rights Watch.

Breaking News: Finally an acquittal in Bahrain – Said Yousif Al-Muhafda twitted legally

March 12, 2013

In a case that was followed closely in this blog, a Bahraini human rights defender accused of sending out twitters with ‘false information’, there is finally some good news: a Bahraini court has acquitted Said Yousif Al-Muhafdah of the Bahrain Center for Human Rights (BCHR – 2012 Final Nominee of the MEA). “It’s a great relief that Said Yousif was acquitted today, bringing an end to three months of judicial harassment.  Let’s hope this means the courts are beginning to show a better understanding of what freedom of expression means,” said Human Rights First’s Brian Dooley. Al-Muhafdah was arrested in December 2012 for “spreading false information on Twitter.”HRF logo

His case is one in a string cases stemming from the Kingdom’s ongoing judicial harassment of human rights defenders. It followed last year’s jailing of Nabeel Rajab, President of the BCHR, and of human rights activist Zainab Al Khawaja in February 2013. “This is a small victory, but unfortunately there are many other cases of judicial harassment that continue to wind their way through Bahrain’s judicial system,” Brian Dooley noted.  On March 21, the appeal of 23 medics, each sentenced to three months in prison after treating injured protestors in 2011, will continue. A verdict is expected at a date soon after. Dooley, who has authored four reports about the ongoing crackdown in Bahrain, has been forbidden access to the nation for more than a year. “This is not how a nation that wants to trumpet its human rights record treats monitors” Dooley added.

via Acquittal in Bahrain Twitter Case Comes as Dooley Denied Access Again | Human Rights First.

 

Cambodian radio journalist Mam Sonando in appeal gets slightly better deal

March 11, 2013

800 people gathered for a day and a half in front of the Phnom Penh Court of Appeal to support Mam Sonando.

(800 people gathered in front of the Phnom Penh Court of Appeal to support Mam Sonando (c) Clothilde Le Coz)

Arrested on July 15th 2012, Beehive Radio journalist and director, Mam Sonando, was sentenced in the first instance to twenty years in prison in October 2012. He was charged with instigating villagers and peasants to protest against lands expropriation, in Kratie province. He was convicted and sentenced for “aggravating circumstances rebellion, unlawful interference in the performance of public functions, insurrection, inciting people to take arms against the state authority”. After spending already eight months in prison, his appeal started on 5 March 2013.

Read the rest of this entry »