Posts Tagged ‘woman human rights defender’

Thailand’s Supreme Court confirms sentence against human rights defender Chiranuch Premchaiporn

January 11, 2016

 

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reports that on 23 December 2015, the Supreme Court confirmed the 2012 sentencing of human rights defender Ms Chiranuch Premchaiporn to eight months’ imprisonment, suspended for one year, and a fine of 20,000 baht, for failing to delete allegedly offensive comments about the Thai monarchy, which had been posted on the now-defunct Prachatai web forum.

Chiranuch Premchaiporn [https://frontlinedefenders.org/ChiranuchPremchaiporn] is executive director of Prachatai, an independent news website that reports on human rights, social and political issues in Thailand and Southeast Asia. She was the webmaster of the now defunct Prachatai web board which was set up to promote the exchange of information and opinion on Thai political and social issues. Chiranuch Premchaiporn was the recipient of the International Women’s Media Foundation Courage in Journalism Award in May 2011 and the Human Rights Watch Hellman/Hammet Award in September 2011.

The Supreme Court ruling confirmed the verdicts of the Court of Appeals and the Court of First Instance, which were made against the human rights defender in November 2013 and May 2012 respectively. Chiranuch Premchaiporn was convicted under Article 15 of the 2007 Computer Crime Act (CCA) for allowing the alleged offensive comments to remain on the Prachatai web forum for 20 days. Article 15 of the CCA states that any service provider intentionally supporting or consenting to the importation of illegal computer content, as provided for in Article 14 of the CCA, shall be subjected to the same penalty as that imposed upon a person committing an offence under Article 14.

Front Line Defenders expresses concern at the decision of the Supreme Court to confirm the sentence against Chiranuch Premchaiporn, and thus to continue the use of the Computer Crime Act to silence and intimidate human rights defenders in Thailand. Front Line Defenders fears for the potential chilling effect of the decision on the exercise of freedom of expression in Thailand, and the restrictive effect of this on the work of human rights defenders.

 

 

Profile of Stephania Koulaeva, human rights defender in Russia

January 8, 2016

In December 2015 the ISHR published this profile of Russian human rights defender Stephania Koulaeva 

Stephania Koulaeva, a historian by education, explains the ever-expanding scope of her human rights work. Her interest was drawn to the memorial movement in Russia: ‘at first from a historical perspective, then from a human rights perspective.’ As a student, Stephania was involved in anti-fascist and anti-racist groups, primarily focused on the rights of the Roma minority, the most visible minority in Russia at the time. After new waves of migration began from Central Asia in the late nineties, Stephania expanded her work to issues surrounding migration. This then broadened further to include women’s rights, LGBTI rights, and she eventually became involved in the protection of human rights defenders. Her organisation, Anti-Discrimination Centre Memorial (ADC Memorial) is the only organisation in Russia that combats discrimination on such a wide range of issues.

Unfortunately, shrinking space for civil society has consistently been a serious threat within Russia. ‘In the 1990s and early 2000s, neo-nazis attacked and occasionally murdered human rights defenders working on discrimination issues. At that time that was the primary danger; the main danger we face now is political oppression by the Government.’

Over the past few years – particularly since Vladimir Putin’s 2012 return to presidency – the Russian Government has cracked down on NGOs, often by accusing them of being ‘foreign agents’ due to their ‘political activity’. ADC Memorial was forced to choose between officially registering as a ‘foreign agent’ or closing down for submitting a report to the UN Committee against Torture in the lead up to Russia’s 2012 review by that body. As the label of ‘foreign agent’ would greatly restrict the work ADC Memorial was able to carry out, it made the difficult decision of closing the organisation down in 2014. Since then, ADC Memorial has been operating without official Russian registration.

The continued operation of ADC Memorial does not indicate an alleviation in the Government’s harsh approach to civil society, and in November of this year, prominent NGO Memorial Human Rights Centre was targeted in the same manner: ‘They received a letter from the prosecutor stating that they had violated the Constitution of the Russian Federation for fulfilling their work.’ Memorial Human Rights Centre had previously ‘criticised Russian aggression in the Ukraine’ and ‘disagreed with the arrest of certain civil activists’. It is most likely being threatened due to this ‘political action’. ‘This is a very dangerous step for the Government to take. They are now criminalising human rights activity; the situation is rapidly getting worse.’

Stephania has a positive outlook on her previous interactions with the UN, acknowledging that the UN has done their utmost to stop the criminalisation of human rights defenders. ‘We’re very grateful for all the support that we’ve received from various treaty body committees that we’ve worked with; they’ve all recognised the work of civil society and given meaningful recommendations in the framework of their mandate.’ However, the political reality of the UN’s influence is not always as effective. ‘It’s very difficult to oppose Russian politics, even at the level of the United Nations.’ Stephania is now looking outward to bring domestic change to Russia, as anti-discrimination laws now seem ‘unlikely – although pressure on the Government will continue.’ She hopes to find some success in international courts, citing potentially useful precedents at the European Court of Human Rights in cases regarding migrants and stateless people.

‘We can’t simply stay within our borders – it’s impossible to tackle issues solely within Russia without also looking at related issues in neighbouring countries.’

see also: https://thoolen.wordpress.com/2014/02/09/12-human-rights-defenders-who-are-not-on-the-slopes-of-sochi/

Source: Defender profile: Stephania Koulaeva working in Russia | ISHRISHR-logo-colour-high

Angela Mudukuti, human rights defender from the Southern Africa Litigation Centre

December 28, 2015

Though positive engagement with businesses should be considered a preferred option when it comes to promoting corporate respect for human rights, sometimes the open legal confrontation of human rights violators is the only way to make progress. This is when human rights defenders such as Angela Mudukuti, a lawyer running the International Criminal Justice Programme at the Southern Africa Litigation Centre (SALC), are critically needed.  The International Service of Human Rights (ISHR) published an interview with her on 27 November 2015.ISHR-logo-colour-high

She defends a holistic approach to justice, where corporate accountability should be sought whenever businesses are involved in violations, regardless of the sectors or human rights affected.  And in cases of complicity in war crimes, genocide or crimes against humanity, she says “corporate accountability is important to all the victims”.

Given the weighty consequences they face if their responsibility for such gross violations is revealed, Angela’s experience is that corporate entities are mostly reluctant to facilitate engagement with human rights defenders, making litigation procedures the only way to ensure transparent investigation and accountability. Yet, suing companies and especially major corporations for complicity in gross human rights violations can prove to be dangerous, even for the best-trained defenders. “We work regionally and so we often face regional and local threats. For example: infiltration into your information databases; other security threats which can be physical in nature… corporate entities … have the ‘muscle’ to intimidate you and they will seize any opportunity to do so…

Angela and other members of the SALC team have also experienced personal threats, but she remains positive, seeing these challenges as an “indication that you are doing the right thing” and a part of the burden carried by most human rights defenders in the world. She also highlights that threats do not come only from corporate or government entities, but also from “individuals who disagree” with the work she is doing.

Other practical obstacles can impede SALC’s human rights work such as a lack of access to information to build proper advocacy, and resistance from legal administrative bodies. Yet, this does not prevent SALC from extending their litigation work into advocacy, which is jointly conducted with local organisations throughout Southern Africa: “The first thing is to decide if litigation is viable or if the same results can be achieved by other means. Secondly, should we decide to litigate we need to determine how we can structure the advocacy around it because raising awareness is very important.”

 

Many corporate entities involved in gross human rights violations have transnational activities for which the “ramifications transcend boarders”. This makes the work of corporate responsibility defenders even more challenging, and is one of the reasons why SALC has a regional focus. Angela says the regional nature of violations also demands that the international community “be united and prioritise business and human rights (…) in Southern Africa and in other parts of the developing world”.

The SALC is also looking to address  the devastating environmental implications of various corporate projects.

Follow Angela on Twitter at @AngelaMudukuti.

Defender profile: Angela Mudukuti from Southern Africa Litigation Centre | ISHR

Nigina Bakhrieva works to end torture in Tajikistan

December 27, 2015

OMCT in its series “10 December, 10 Defenders” focused on Nigina Bakhrieva in Tajikistan. Nigina Bakhrieva’s visceral sense of justice was passed on to by her parents, as she quickly demonstrated by following in the footsteps of her father – a prosecutor – in standing firmly for the rule of law. “It’s what I learned as I child, “ she says. “When I witness human rights abuses, I cannot be indifferent; I take action.OMCT-LOGO

And her career could not have been more ominous. Nigina started law school in Tajikistan, at the doorstep of Taliban-led Afghanistan, at the very outbreak of the bloody civil war that followed the country’s independence, graduating five years later, in 1997, as the war ended, leaving behind a devastated country with some 100,000 people killed and 1.2 million displaced. After teaching law at the Tajik state university, Nigina became a consultant providing capacity-building expertise for various organizations. Moving quickly into human rights, she went to work for the United Nations Tajikistan Office for Peace Building where she reviewed national legislation to make sure it conformed to international human rights standards.

Thus, while still as a budding lawyer and founder of the Bureau on Human Rights and Rule of Law of Tajikistan, Nigina helped to litigate with success Tajikistan’s first-ever human rights case before the United Nations Human Rights Committee – something unheard of in Tajikistan until then. Her work for the abolition of the death penalty in her country led to a moratorium being adopted in 2004.

In 2009, she created Nota Bene, which leads the Anti-Torture Coalition of 17 leading human rights organizations and activists in Tajikistan. The work initially seemed to pay off handsomely: at the beginning of 2014, Tajikistan had pledged to implement international human rights standards both in law and practice. The Government, however, has recently been limiting the scope of action in the country of human rights lawyers and organizations. It has indeed been made mandatory for non-governmental organizations to declare all foreign funding. What is more, limiting access to the legal profession and placing it under the Ministry of Justice has compromised its independence.

It is worrying that it has become nearly impossible to find lawyers in Tajikistan willing to accept to defend torture cases for fear of criminal prosecution,” reported the OMCT in the Observatory for the Protection of Human Rights Defenders on 30 November. http://www.omct.org/human-rights-defenders/urgent-interventions/tajikistan/2015/11/d23494/

As one of the few lawyers who have not given up on combatting the widespread use of torture and other forms of abuse, especially in the armed forces, Nigina is among the key players pushing for full transition of Tajikistan to the rule of law. “The work is hard”, she says. “Each time we re-live with the victims what they went through, and it is horrifying,”

For change to occur, though, the system must work and all actors must do their bit, she explains, detailing every step of the process: individuals must lodge complaints when they are subjected to torture or ill-treatment; the Government must follow a zero-tolerance-for-torture policy; the Prosecutor must respond to every complaint by thorough and effective investigation; courts must punish all those found guilty – not only the direct perpetrators, but also their superiors, who failed to prevent the crime; jail terms should be proportionate to the seriousness of the crime; finally, the Government should compensate all victims of torture.

— by Lori Brumat in Geneva

https://thoolen.wordpress.com/2015/01/13/human-rights-lawyer-kudratov-in-tajikistan-sent-9-years-to-penal-colony/

Source: Tajikistan: Meet Nigina: Towards a functioning system that leaves no room for torture / December 3, 2015 / Links / Human rights defenders / OMCT

Azerbaijan: Khadija Ismayilova remains in jail but Council of Europe takes exceptional step

December 18, 2015

While there has been a small let up in the incarceration of human rights defenders in Azerbaijan [see e.g. https://thoolen.wordpress.com/tag/leyla-yunus/], it remains the worst place in Europe for human rights defenders. On 25 November the appeal lodged by investigative journalist and human rights defender Khadija Ismayilova was dismissed. She has to remain in jail for 7.5 years!

[Ms. Ismayilova was arrested on December 5, 2014 on charges of “inciting” her ex-partner “to commit suicide”. Although in April 2015 the alleged victim retreated his accusations, claiming his testimony was given under pressure, blackmail and torture, the prosecution did not take it into account and maintained the charges. In February 2015, Ms. Ismayilova was further accused of embezzlement, illegal entrepreneurship, tax evasion and abuse of office. During the hearings in first instance, no evidence of these accusations was presented.On September 1, 2015, the Baku Court of Grave Crimes had sentenced Ms. Khadija Ismayilova to 7,5 years imprisonment on charges of “embezzlement”, “illegal entrepreneurship”, “tax evasion”, and “abuse of office].

As an independent reporter and journalist of the Azerbaijani radio Azadliq (“Radio Freedom”) she has shown great courage (see: https://thoolen.wordpress.com/2014/12/11/khadija-ismayilova-azerbaijan-is-not-deterred/), and received several international prizes, such as the 2015 Alison Des Forges Award for Extraordinary Activism (HRW), the 2015 Freedom to Write Award, the 2012 Fritt Ord/Zeit Press Prize, and the 2012 Courage of Journalism Award by the Washington-based International Women’s Media Foundation.  Read the rest of this entry »

One of Azerbaijan’s key human rights defenders, Leyla Yunus, freed – now the others

December 10, 2015

 

Read the rest of this entry »

Emma Bolshia helps Bolivian victims recover from torture and its second trauma, silence

December 9, 2015

In the series “10 December, 10 Defenders” OMCT published on 4 December 2015 the profile of Emma Bolshia Bravo who helps Bolivian victims recover from torture and its second trauma, silence.

 

Considering the magnitude of the psychological effects on the victim, the fear it generates within society, and the traumas transmitted to the following generations, torture causes irreparable damage,” says Emma Bolshia Bravo. “That’s why prevention of torture is crucial.Read the rest of this entry »

Vilma Núñez de Escorcia, 77, still not ready to stop fighting against torture in Nicaragua

December 7, 2015

In the series Human Rights Defenders against Torture, OMCT published on 7 December “Nicaragua: Meet Vilma: Still not ready to stop fighting against torture in Nicaragua”.  Vilma Núñez de Escorcia , 77, has been heading the Centro Nicaragüense de Derechos Humanos (CENIDH) for the past quarter of a century, assisting civil society’s underprivileged populations and building the capacity to protect and promote human rights.  The first female magistrate in Nicaragua appointed Vice-President of the Supreme Court from 1979 to 1987, Vilma pegs her commitment to fighting for justice to the fact that she was born outside marriage ­- a terrible thing at that time, which meant that she was barred from the best religious secondary school and could not inherit as much as each of her “legitimate” siblings. She is now thankful for what she then considered as a “misfortune” as it made her realize how the legal system treated people differently. This realization made her want to train as a lawyer specializing in human rights and penal law. “I didn’t’ want anyone else to suffer discrimination so I chose to become a lawyer, to understand and stop it,” she explains.

She remembers her first encounter with torture Read the rest of this entry »

Russian Olga Sadovskaya keeps fighting torture

December 2, 2015

Yesterday I announced the “10 December, 10 Defenders” Campaign by OMCT. One the first profiles concerns Russian human rights defender Olga Sadovskaya.

Olga Sadovskaya does not shout, or carry banners in the streets; nor does she complain about the threats and insulting graffiti she regularly finds painted on the fence around her house.  This sober 36-year-old lawyer, who practices yoga in her spare time, has put her legal skills and intellectual rigor in the service of the cause of fighting torture.  As Deputy Director of the Committee Against Torture, theNGO that won the 2011 Council of Europe Human Rights Prize, she focuses on winning legal victories in torture cases by thorough investigative groundwork, sophisticated medical reports and legal expertise.

Everyone should care about torture because anyone could be the next victim,” Olga says. “If torture is condoned or indeed widespread, it means that the State’s legal system is not working properly, not only when torture is involved, but at all levels.” Torture works like a litmus test. If it is accompanied by impunity, the legal system is dysfunctional. “There is no guarantee that the law will work properly in ordinary, day-to-day situations, as when someone asks for a bank loan, sues for damages, needs her child to be protected from abuse or her mother to be provided with anaesthesia”, she explains.

The work pays off. In the 13 years she has been with the Committee, she and her colleagues have filed 84 complaints at the European Court of Human Rights, managed to put more than 100 police officers in jail for torture, with clients receiving almost 46 million roubles (700,000 USD) in compensation, and several lives being saved by evacuation from Chechnya.

Olga describes her work as a constant challenge given the Russian Government’s attempts to close down independent human rights organizations.  For lack of substantive arguments, the Government accuses the Committee – partially funded by international donors, as most NGOs – of being a foreign agent, in order to prevent it from accessing funds that allow it to function. This is a commonly used tactic against human rights activists. Rather than simply banning an NGO, some States block its access to external funding by a variety of restrictive measures – legal, administrative or practical – which being, less obvious, are less likely to draw international condemnation. Although, as a result, the Committee might run out of money within three months, Olga keeps ploughing through her cases with unwavering faith that her work is about restoring trust in the State. [for more on foreign agent, see: https://thoolen.wordpress.com/tag/foreign-agent/]

Story by Lori Brumat in Geneva.

OMCT-LOGO

Source: Russian Federation: Olga and the paradox of fighting torture: Revealing legal dysfunctionality, building trust / November 1, 2015 / Links / Human rights defenders / OMCT

In Memoriam for Indonesian Education campaigner Yanti Muchtar

November 24, 2015

A leading campaigner for adult education in Indonesia, Darmiyanti [Yanti] Muchtar, passed away on Tuesday 17 November 2015 after a long battle with cancer.

She was a noted feminist who had been part of the country’s women’s movement since the 1980s, she was a cofounder of Solidaritas Perempuan or the Women’s Solidarity for Human Rights group, and later joined Kapal Perempuan or the Women’s Ship Institute, where she once served as a director.

Kapal represented her passion for alternative education targeting adults in disadvantaged and marginalized communities. In her last months, Yanti’s colleagues said she continued working on numerous projects including a women’s education module.  Among her other passions was pushing for the passing of a draft law on domestic workers, in her capacity as a member of the Jala PRT advocacy network for domestic workers. The campaigner believed adult education was key to fighting illiteracy and promoting critical thinking.

Yanti, a sociology graduate from the University of Indonesia, completed a PhD at Murdoch University in Perth, Australia, late last year, with a thesis on local Islamic politics in West Nusa Tenggara, under the supervision of sociologist Vedi R. Hadiz. Her thesis also reflected her concern for identity politics based on ethnicity and religion, while she championed equal rights for minorities and the marginalized, including women and low-income people, as well as equal recognition for lesbian, gay, bisexual and transgender people and for interfaith couples.

For more see the Jakarta Post of 19 November:  Education campaigner Yanti Muchtar dies | The Jakarta Post