Posts Tagged ‘United Nations Working Group on Arbitrary Detention (WGAD)’

UN rapporteurs decry Saudi Arabia’s use of anti-terror laws against human rights defenders

January 3, 2018

Independent Expert on Human Rights Michel Forst. Photo: Jean-Marc Ferré

On 2 January 2018 a group of four UN Special Rapporteurs (Michel ForstMr.  David Kaye, Ahmed Shaheed and Fionnuala D. Ní Aoláin) joined by José Antonio Guevara Bermúdez, Chair-Rapporteur of the Working Group on Arbitrary Detention) deplored Saudi Arabia’s continued use of counter-terrorism and security-related laws against human rights defenders and urged the release of all those detained for peacefully exercising their rights.

We are witnessing the persecution of human rights defenders for peacefully exercising their rights to freedom of expression, assembly, association and belief, as well as in retaliation for their work. The Government has ignored repeated calls by UN experts and others to halt these violations, rectify them, and prevent their recurrence.”

More than 60 prominent religious figures, writers, journalists, academics and civic activists are reported to have been detained in a wave of arrests since September, adding to a list of past cases which had already been raised by UN experts with the Government. “We have written to the Government requesting detailed information about these numerous arrests on terrorism, cyber-crime or any other state security-related charges during that period,” the experts said.

The experts noted that they are also seeking government clarification about how these measures are compatible with Saudi Arabia’s obligations under international human rights law, as well as with the voluntary pledges and commitments it made when seeking to join the UN Human Rights Council. “Despite being elected as member of the Human Rights Council at the end of 2016, Saudi Arabia has continued its practice of silencing, arbitrarily arresting, detaining and persecuting human rights defenders and critics,” they said.

In addition to previous cases and new arrests since September, the experts pointed to the country’s failure to implement two recent opinions of the UN Working Group on Arbitrary Detention, calling for “the release of all the human rights defenders concerned in these cases.”

See also: https://humanrightsdefenders.blog/2017/02/28/saudi-arabia-imprisoned-waleed-abu-al-khair-receives-another-human-rights-award/

http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22570&LangID=E

Even landmark UN decision does not change Cambodia’s treatment of human rights defenders

March 11, 2017

I was reading (belatedly) about the UN Special Rapporteur on the situation of human rights in Cambodia, Rhona Smith, who in January 2017 intervened strongly in the case of the 5 Cambodian human rights defenders of ADHOC (#FreeThe5KH) who have been in detention since April last year. [https://humanrightsdefenders.blog/2016/05/04/civil-society-condemns-charges-human-rights-defenders-cambodia/] Only then did I realize that the case had led a few months earlier to a landmark decision by the United Nations Working Group on Arbitrary Detention (WGAD): the first time that any UN body has referred to HRDs as a protected group.

 

 

On 21 November 21, 2016, the WGAD ruled that the ongoing detention of Mr. Ny ChakryaDeputy Secretary-General of the National Election Committee (NEC), and four staff members of the Cambodian Human Rights and Development Association (ADHOC), Messrs. Ny SokhaYi SoksanNay Vanda, and Ms. Lim Mony, was “arbitrary.” Following a submission made by the Observatory for the Protection of Human Rights Defenders (OMCT-FIDH partnership), the Cambodian Center for Human Rights (CCHR) and the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) in June 2016, the WGAD’s Opinion No. 45/2016 ruled that the five human rights defenders (HRDs) have been discriminated against based on their status as human rights defenders, and in violation of their right to equality before the law and equal protection of the law under article 26 of the ICCPR.” This is the first time ever that the WGAD – or any other UN mechanism receiving individual complaints – has referred to HRDs as a protected group that is entitled to equal legal protection under Article 26 of the International Covenant on Civil and Political Rights (ICCPR). The ruling also recognised the violation of the five HRDs’ “rights to offer and provide professionally qualified legal assistance and other relevant advice and assistance in defending human rights.”

 In addition, the WGAD found that the targeting of ADHOC staff members for having provided “legitimate legal advice and other assistance” violated the five HRDs’ right to freedom of association. It ruled that violations of fair trial rights (including the fact that the five were denied legal counsel from the beginning of their questioning), unjustified pre-trial detention, and statements made by the Cambodian authorities which denied the five the presumption of innocence – all of which contravene Cambodia’s international human rights obligations in respect to the right to a fair trial – are also serious enough to consider their ongoing detention as arbitrary. The WGAD concluded that “the deprivation of liberty of Ny Sokha, Nay Vanda, Yi Soksan, Lim Monyand Ny Chakrya, being in contravention of articles 7, 9, 10, 11 and 20 of the Universal Declaration of Human Rights and of articles 9, 10, 14, 22 and 26 of the International Covenant on Civil and Political Rights, is arbitrary.”

That Cambodian authorities are not impressed is shown by the continued detention of the 5 ADHOC HRDs and by the press release of 7 February 2017 calling for the cessation of the politically motivated criminal investigation of human rights defenders Am Sam-at and Chan Puthisak. Amnesty International, Civil Rights Defenders, Human Rights Watch, and the International Commission of Jurists signed the statement.

Phnom Penh 20170207 PHTO
Cambodian police detain protesters during a protest to free jailed activists in Phnom Penh, Cambodia May 9, 2016.© Reuters/Samrang Pring

Cambodian officials have accused Sam-at, a respected human rights monitor at the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) for nearly 20 years, and Puthisak, a land rights activist from Boeung Kak Lake and former prisoner of conscience, of instigating violence at an October 10, 2016 demonstration. Para-police forces, who are regularly used to suppress demonstrations, violently dispersed what had been a peaceful protest in Phnom Penh. When Puthisak attempted to prevent para-police from confiscating a drum that was being used by a demonstrator, four or five para-police attacked him, repeatedly beating him on the head with their fists, according to a video of the incident. When Sam-at tried to stop the assault, the para-police attacked him, also beating him on the head. Both men sustained injuries that needed medical attention.

The investigation of Sam-at and Puthisak by the Cambodian authorities is a typically absurd and undisguised case of judicial harassment,” said Champa Patel, Southeast Asia and Pacific director at Amnesty International. “As usual, unnecessary and excessive use of force by the para-police goes unpunished, and those who work to promote and protect human rights find themselves subject to criminal proceedings.”

 

Sources:

http://www.un.org/apps/news/story.asp?NewsID=56036#.WMP0Dhhh2V4

Cambodia: In landmark decision, UN body declares the detention of five human rights defenders arbitrary #FreeThe5KH / December 18, 2016 / Urgent Interventions / Human rights defenders / OMCT

https://www.hrw.org/news/2017/02/07/cambodia-drop-farcical-investigation-human-rights-defenders