https://observatoryfordefenders.org Fri, 24 Apr 2026 12:57:13 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 https://observatoryfordefenders.org/wp-content/uploads/2022/06/cropped-OB-eye-orange-32x32.png https://observatoryfordefenders.org 32 32 https://observatoryfordefenders.org/alert/china-authorities-must-release-arbitrarly-detained-human-rights-lawyer-yu-wensheng-at-the-end-of-his-sentence-and-ensure-his-full-freedom/ Thu, 09 Apr 2026 13:26:13 +0000 https://observatoryfordefenders.org/?post_type=alert&p=24640 Paris-Geneva, 9 April 2026 – Human rights lawyer Yu Wensheng is expected to be released on 13 April after completing a three-year sentence following his baseless conviction for “inciting subversion of state power”. The Observatory for the Protection of Human Rights Defenders, a partnership between the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), together with other civil society organisations, expresses deep concern about his wellbeing and urges the Chinese authorities to ensure his immediate release after serving his sentence, allow him to reunite with his family in Beijing, and guarantee his ability to freely exercise his human rights. Yu Wensheng and his wife Xu Yan are prominent advocates for rule of law and human rights in China. As a result, they have faced government harassment for many years, this is the second time since 2018 that Yu has been arbitrarily deprived of his liberty. As a human rights lawyer, Yu represented victims in many sensitive human rights cases, including representing 709 Crackdown lawyers, and publicly called for constitutional reforms aimed at strengthening checks on state power. His efforts to defend victims of human rights violations, challenge government overreach and promote meaningful legal reforms have been met with harsh retaliation. The authorities should investigate the targeting, ill-treatment and arbitrary detention of Yu Wensheng and bring to justice in fair trial those suspected of being responsible. Authorities should provide Yu Wensheng and his family with access to justice and effective remedies in line with China’s own laws and their human rights obligations and commitments. Yu and Xu were taken into police custody while on their way to meet European Union officials in Beijing on 13 April 2023. They were initially held at Beijing Shijingshan Detention Centre, where they were deprived of prompt access to counsel of their choosing and charged by the local procuratorate with “picking quarrels and provoking trouble”. Authorities added new charges of “inciting subversion of state power” around June 2023. UN experts have repeatedly raised concerns about how the authorities have used both of those crimes to target human rights defenders, have noted their noncompliance with international human rights standards and have called for their repeal. During the first roughly six months of detention in Beijing, Xu Yan reportedly lost 14kg. She was also subjected to ill-treatment, including being intimidated by police who threatened to arrest her son if he undertook advocacy on behalf of her and Yu’s case. The conditions of her detention may have amounted to torture and other ill-treatment. In January 2024, Xu and Yu were transferred to Suzhou Detention Centre in Jiangsu province, some 1, 000km away from their regular place of residence in Beijing. UN experts raised concerns in April 2024 about their detentions, and the impact on their son. In August 2024, their cases were heard at the Suzhou Intermediate People’s Court. Diplomats from several foreign missions and activists had planned to attend the trial but were reportedly denied entry to the courtroom to observe the proceedings. On 29 October 2024, Suzhou Intermediate Court sentenced Yu Wensheng to three years in prison and Xu Yan to one year and nine months in prison for “inciting subversion of state power”. Their son, who turned 18 just before their detention, has faced a serious deterioration of his mental health since Yu’s first arrest in 2018; this was exacerbated by his isolation during the time both his parents were imprisoned. Xu Yan was released in January 2025, but has said that she and her son still face unlawful surveillance and harassment by the authorities, a common extralegal tactic used against human rights defenders and their families. She has spent over a decade studying to pass her legal professional qualifications and has completed all the necessary requirements. Ten days after her detention in 2023, Xu was notified that she had passed; however, to this day the authorities have not yet issued Xu her formal certificate. This has hampered her ability to continue her human rights advocacy, and to earn an income for the family. Conditions at Zhenjiang Prison for Yu Wensheng are reportedly harsh and may constitute ill-treatment. According to sources close to him, prison authorities have not provided adequate heat or nutrition and have refused to facilitate his purchase of daily necessities. Additionally, Xu Yan’s repeated requests that the authorities transfer Yu back to a Beijing prison to facilitate visits were ignored by the authorities. As a result, they had no choice but to travel some 1,000 km each way, each month, to visit him. We believe that the authorities’ use of the criminal justice system to harass Yu Wensheng and his family is intended to deter human rights defenders in China and discourage their legal and constructive interactions with civil society groups and diplomatic representatives in the country. Despite the authorities’ heavy-handed response, many human rights defenders in China refuse to be silenced. Ahead of Yu’s release date, the undersigned organisations call on the Chinese authorities to uphold their international human rights obligations, including under the Convention against Torture and the International Covenant on Economic, Social and Cultural Rights. The organisations urge the authorities to:

• Ensure Yu Wensheng is released and can reunite with his family in Beijing on time after serving his sentence and without any additional restrictions;
• Ensure Yu can freely exercise his human rights including his rights to freedom of movement and freedom of expression, and that he is able to communicate with any individual or institution he may choose; and
• End all forms of unlawful surveillance and harassment targeting Yu Wensheng, Xu Yan, their family or their friends, and ensure that their right to health is fully protected.

Background Following his first arrest in January 2018, prominent human rights lawyer Yu Wensheng was in 2020 sentenced to four years’ imprisonment and “deprivation of political rights”, on the charge of “inciting subversion of state power”, solely for peacefully exercising his right to freedom of expression. Yu Wensheng is the winner of the 2018 Franco-German Prize for Human Rights and the Rule of Law and the 2021 Martin Ennals Award, an annual prize for human rights defenders. This recognition honours not only his important role in the Chinese human rights community, but also the tireless efforts of his wife Xu Yan to call for the release of her husband. He was released from prison at the conclusion of his sentence on 1 March 2022. The range of human rights violations in this case – from the criminalisation of human rights advocacy and the work of human rights lawyers to unfair trials, poor detention conditions, lack of access to counsel and alarming detrimental impacts on family members – paint a grim picture for respect for the rule of law and those who seek to defend it in China. This point was reiterated by the UN Special Rapporteur on the independence of judges and lawyers in a letter to Chinese authorities in July 2025. She expressed “deep concerns about the allegations that patterns of repression and criminalization of legal professionals, as previously outlined in communication AL CHN 1/2024, have not ceased.” Other UN experts have repeatedly called for the repeal of Article 105(2) of China’s Criminal Law that provides for the crime of ’inciting subversion of state power.’ In addition, in 2020, they asserted that the criminal provision of ’picking quarrels and provoking trouble’ violates due process and the principle of legality underpinned in article 11 (2) of the Universal Declaration of Human Rights. In 2025, the UN High Commissioner for Human Rights explicitly called for the repeal of the vague and overly broad crime of “picking quarrels and provoking troubles”. Research from civil society organisations monitoring the human rights situation in China, including many signatories to this letter, has shown that Chinese courts have consistently applied these provisions to cases of human rights defenders – like Yu Wensheng and Xu Yan – in ways that criminalize the exercise of human rights and fundamental freedoms. Furthermore, authorities have failed to act on recommendations to end the violations of fair trial rights and other rights, including the imposition of “supplemental” sentences under the Criminal Law which are incompatible with international human rights standards.]]> Paris-Geneva, 9 April 2026 – Human rights lawyer Yu Wensheng is expected to be released on 13 April after completing a three-year sentence following his baseless conviction for “inciting subversion of state power”. The Observatory for the Protection of Human Rights Defenders, a partnership between the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), together with other civil society organisations, expresses deep concern about his wellbeing and urges the Chinese authorities to ensure his immediate release after serving his sentence, allow him to reunite with his family in Beijing, and guarantee his ability to freely exercise his human rights. Yu Wensheng and his wife Xu Yan are prominent advocates for rule of law and human rights in China. As a result, they have faced government harassment for many years, this is the second time since 2018 that Yu has been arbitrarily deprived of his liberty. As a human rights lawyer, Yu represented victims in many sensitive human rights cases, including representing 709 Crackdown lawyers, and publicly called for constitutional reforms aimed at strengthening checks on state power. His efforts to defend victims of human rights violations, challenge government overreach and promote meaningful legal reforms have been met with harsh retaliation. The authorities should investigate the targeting, ill-treatment and arbitrary detention of Yu Wensheng and bring to justice in fair trial those suspected of being responsible. Authorities should provide Yu Wensheng and his family with access to justice and effective remedies in line with China’s own laws and their human rights obligations and commitments. Yu and Xu were taken into police custody while on their way to meet European Union officials in Beijing on 13 April 2023. They were initially held at Beijing Shijingshan Detention Centre, where they were deprived of prompt access to counsel of their choosing and charged by the local procuratorate with “picking quarrels and provoking trouble”. Authorities added new charges of “inciting subversion of state power” around June 2023. UN experts have repeatedly raised concerns about how the authorities have used both of those crimes to target human rights defenders, have noted their noncompliance with international human rights standards and have called for their repeal. During the first roughly six months of detention in Beijing, Xu Yan reportedly lost 14kg. She was also subjected to ill-treatment, including being intimidated by police who threatened to arrest her son if he undertook advocacy on behalf of her and Yu’s case. The conditions of her detention may have amounted to torture and other ill-treatment. In January 2024, Xu and Yu were transferred to Suzhou Detention Centre in Jiangsu province, some 1, 000km away from their regular place of residence in Beijing. UN experts raised concerns in April 2024 about their detentions, and the impact on their son. In August 2024, their cases were heard at the Suzhou Intermediate People’s Court. Diplomats from several foreign missions and activists had planned to attend the trial but were reportedly denied entry to the courtroom to observe the proceedings. On 29 October 2024, Suzhou Intermediate Court sentenced Yu Wensheng to three years in prison and Xu Yan to one year and nine months in prison for “inciting subversion of state power”. Their son, who turned 18 just before their detention, has faced a serious deterioration of his mental health since Yu’s first arrest in 2018; this was exacerbated by his isolation during the time both his parents were imprisoned. Xu Yan was released in January 2025, but has said that she and her son still face unlawful surveillance and harassment by the authorities, a common extralegal tactic used against human rights defenders and their families. She has spent over a decade studying to pass her legal professional qualifications and has completed all the necessary requirements. Ten days after her detention in 2023, Xu was notified that she had passed; however, to this day the authorities have not yet issued Xu her formal certificate. This has hampered her ability to continue her human rights advocacy, and to earn an income for the family. Conditions at Zhenjiang Prison for Yu Wensheng are reportedly harsh and may constitute ill-treatment. According to sources close to him, prison authorities have not provided adequate heat or nutrition and have refused to facilitate his purchase of daily necessities. Additionally, Xu Yan’s repeated requests that the authorities transfer Yu back to a Beijing prison to facilitate visits were ignored by the authorities. As a result, they had no choice but to travel some 1,000 km each way, each month, to visit him. We believe that the authorities’ use of the criminal justice system to harass Yu Wensheng and his family is intended to deter human rights defenders in China and discourage their legal and constructive interactions with civil society groups and diplomatic representatives in the country. Despite the authorities’ heavy-handed response, many human rights defenders in China refuse to be silenced. Ahead of Yu’s release date, the undersigned organisations call on the Chinese authorities to uphold their international human rights obligations, including under the Convention against Torture and the International Covenant on Economic, Social and Cultural Rights. The organisations urge the authorities to:

• Ensure Yu Wensheng is released and can reunite with his family in Beijing on time after serving his sentence and without any additional restrictions;
• Ensure Yu can freely exercise his human rights including his rights to freedom of movement and freedom of expression, and that he is able to communicate with any individual or institution he may choose; and
• End all forms of unlawful surveillance and harassment targeting Yu Wensheng, Xu Yan, their family or their friends, and ensure that their right to health is fully protected.

Background Following his first arrest in January 2018, prominent human rights lawyer Yu Wensheng was in 2020 sentenced to four years’ imprisonment and “deprivation of political rights”, on the charge of “inciting subversion of state power”, solely for peacefully exercising his right to freedom of expression. Yu Wensheng is the winner of the 2018 Franco-German Prize for Human Rights and the Rule of Law and the 2021 Martin Ennals Award, an annual prize for human rights defenders. This recognition honours not only his important role in the Chinese human rights community, but also the tireless efforts of his wife Xu Yan to call for the release of her husband. He was released from prison at the conclusion of his sentence on 1 March 2022. The range of human rights violations in this case – from the criminalisation of human rights advocacy and the work of human rights lawyers to unfair trials, poor detention conditions, lack of access to counsel and alarming detrimental impacts on family members – paint a grim picture for respect for the rule of law and those who seek to defend it in China. This point was reiterated by the UN Special Rapporteur on the independence of judges and lawyers in a letter to Chinese authorities in July 2025. She expressed “deep concerns about the allegations that patterns of repression and criminalization of legal professionals, as previously outlined in communication AL CHN 1/2024, have not ceased.” Other UN experts have repeatedly called for the repeal of Article 105(2) of China’s Criminal Law that provides for the crime of ’inciting subversion of state power.’ In addition, in 2020, they asserted that the criminal provision of ’picking quarrels and provoking trouble’ violates due process and the principle of legality underpinned in article 11 (2) of the Universal Declaration of Human Rights. In 2025, the UN High Commissioner for Human Rights explicitly called for the repeal of the vague and overly broad crime of “picking quarrels and provoking troubles”. Research from civil society organisations monitoring the human rights situation in China, including many signatories to this letter, has shown that Chinese courts have consistently applied these provisions to cases of human rights defenders – like Yu Wensheng and Xu Yan – in ways that criminalize the exercise of human rights and fundamental freedoms. Furthermore, authorities have failed to act on recommendations to end the violations of fair trial rights and other rights, including the imposition of “supplemental” sentences under the Criminal Law which are incompatible with international human rights standards.]]> https://observatoryfordefenders.org/alert/china-released-tibetan-environmental-defender-anya-sengdra-subjected-to-ongoing-harassment/ Wed, 11 Mar 2026 13:45:51 +0000 https://observatoryfordefenders.org/?post_type=alert&p=24469 Paris-Geneva, 25 February 2026. Anya Sengdra, Tibetan nomad and prominent community leader from Gade County in the Tibetan region of Golog (Qinghai Province) was originally due for release on 3 September 2025. However, Chinese authorities failed to free him on that date and instead imposed a one-year extension of his sentence reportedly on the grounds of alleged “prison rule violations” for theft, without any official announcement or transparent judicial procedure. This unlawful extension constituted an arbitrary detention in total violation of international human rights, including the fundamental right to liberty and the right to a fair trial. On 6 December 2019, the Gade County Court sentenced Anya Sengdra to seven years’ imprisonment on charges of “provoking troubles, forming a mob to disturb public order, and other malicious acts” under Article 293 of China’s Criminal Law for his peaceful environmental and anti-corruption activities. Through the grassroots initiative “Mangdon Ling” (“Public Affairs Forum”), he campaigned against illegal mining, poaching of endangered species, and the misappropriation of public funds by local officials for relocated Tibetan nomads. In the early stages of his detention, Anya Sengdra was beaten by officers of the Gade County Public Security Bureau and denied access to legal counsel for 48 days. He was also subjected to years of restricted family visits. Deprived of adequate medical care, his health severely deteriorated in prison, leading to vision loss, kidney disease, and high blood pressure. Although he has now returned to his home in Gade County’s Kyangche Township, he remains prohibited from speaking publicly about his case, sharing images or information online, and seeking necessary medical treatment. The Observatory recalls that in August 2023, three United Nations Special Rapporteurs raised Anya Sengdra’s case in a press release, urging the Chinese government to clarify his whereabouts, the legal basis for his detention, and his health condition. They further urged Chinese authorities to provide him with adequate medical care and to allow visits from his family. The Observatory expresses serious concern over the ongoing restrictions on Anya Sengdra’s freedom of expression and access to healthcare, which amount to continued judicial harassment. The Observatory urges the Chinese authorities to immediately lift all restrictions imposed on Anya Sengdra, ensure his fundamental right to liberty, and guarantee prompt and unhindered access to adequate medical care. It further calls on the authorities to put an end to the criminalisation and harassment of Tibetan environmental rights defenders and ensure that they can carry out their legitimate and peaceful human rights activities without fear of reprisals. The Observatory expresses its full and unequivocal support for Tibetan human rights defenders.]]> Paris-Geneva, 25 February 2026. Anya Sengdra, Tibetan nomad and prominent community leader from Gade County in the Tibetan region of Golog (Qinghai Province) was originally due for release on 3 September 2025. However, Chinese authorities failed to free him on that date and instead imposed a one-year extension of his sentence reportedly on the grounds of alleged “prison rule violations” for theft, without any official announcement or transparent judicial procedure. This unlawful extension constituted an arbitrary detention in total violation of international human rights, including the fundamental right to liberty and the right to a fair trial. On 6 December 2019, the Gade County Court sentenced Anya Sengdra to seven years’ imprisonment on charges of “provoking troubles, forming a mob to disturb public order, and other malicious acts” under Article 293 of China’s Criminal Law for his peaceful environmental and anti-corruption activities. Through the grassroots initiative “Mangdon Ling” (“Public Affairs Forum”), he campaigned against illegal mining, poaching of endangered species, and the misappropriation of public funds by local officials for relocated Tibetan nomads. In the early stages of his detention, Anya Sengdra was beaten by officers of the Gade County Public Security Bureau and denied access to legal counsel for 48 days. He was also subjected to years of restricted family visits. Deprived of adequate medical care, his health severely deteriorated in prison, leading to vision loss, kidney disease, and high blood pressure. Although he has now returned to his home in Gade County’s Kyangche Township, he remains prohibited from speaking publicly about his case, sharing images or information online, and seeking necessary medical treatment. The Observatory recalls that in August 2023, three United Nations Special Rapporteurs raised Anya Sengdra’s case in a press release, urging the Chinese government to clarify his whereabouts, the legal basis for his detention, and his health condition. They further urged Chinese authorities to provide him with adequate medical care and to allow visits from his family. The Observatory expresses serious concern over the ongoing restrictions on Anya Sengdra’s freedom of expression and access to healthcare, which amount to continued judicial harassment. The Observatory urges the Chinese authorities to immediately lift all restrictions imposed on Anya Sengdra, ensure his fundamental right to liberty, and guarantee prompt and unhindered access to adequate medical care. It further calls on the authorities to put an end to the criminalisation and harassment of Tibetan environmental rights defenders and ensure that they can carry out their legitimate and peaceful human rights activities without fear of reprisals. The Observatory expresses its full and unequivocal support for Tibetan human rights defenders.]]> https://observatoryfordefenders.org/alert/belarus-release-of-political-prisoners-is-a-necessary-but-insufficient-step-all-arbitrarily-detained-human-rights-defenders-must-be-released/ Mon, 15 Dec 2025 16:56:29 +0000 https://observatoryfordefenders.org/?post_type=alert&p=24269 Paris-Geneva, 15 December 2025 - On 13 December, the regime of Aliaksandr Lukashenko released over a hundred political prisoners following an agreement with the United States to lift sanctions on Belarusian potash. Among the released are prominent human rights defenders and Viasna members Ales Bialiatski and Uladzimir Labkovich, as well as key opposition figures, such as Maryia Kalesnikava, Viktar Babaryka and lawyer Maksim Znak. The Observatory for the Protection of Human Rights Defenders (a partnership of FIDH and OMCT) and the undersigned organisations welcome this long-awaited release, which constitutes a necessary but insufficient step, as all arbitrarily detained human rights defenders, including former FIDH Vice President and Viasna colleague Valiantsin Stefanovic, Viasna team member Marfa Rabkova, and woman human rights defender Nasta Loika must be released now. The Observatory recalls that Ales Bialiatski, 2022 Nobel Peace Prize laureate and former Vice President of the International Federation for Human Rights (FIDH), and Viasna lawyer Uladzimir Labkovich were arbitrarily detained on 14 July 2021, prosecuted, and sentenced to ten and seven years of prison respectively on 3 March 2023, in retaliation for their legitimate and peaceful human rights activities. Their imprisonment constituted a grave violation of Belarus’ international human rights obligations, including the rights to freedom of expression, association, and fair trial. While their release brings long-overdue relief to them, their families, their colleagues and the human rights community around the world, the Observatory stresses that this step remains insufficient as long as hundreds of human rights defenders, journalists, lawyers, activists, and political opponents remain arbitrarily detained in Belarus on politically motivated charges solely for exercising their fundamental freedoms, and repressions against Belarusian dissidents continue unabated. In particular, Valiantsin Stefanovic, former Vice President of FIDH arrested along Ales Bialiatski and Uladzimir Labkovic in July 2021, women human rights defender and Viasna member Marfa Rabkova, detained since September 2020, and founder of Human Constanta woman human rights defender Nasta Loika, arbitrarily detained since September 2022, were not among the released political prisoners. Alongside them, numerous human rights journalists, lawyers, and trade union activists remain arbitrarily detained, including Andrzej Poczobut, Katsiaryna Andreyeva, Ihar Ilyash, Danil Palianski, Pavel Dabravolski, Andrei Aliaksandrau, and many others. The Observatory and the undersigned organisations call on the Belarusian authorities to immediately and unconditionally release all human rights defenders and political prisoners who have been arbitrarily detained, to put an end to judicial harassment and reprisals against civil society, and to repeal repressive legislation used to criminalise peaceful dissent and freedom of expression. The authorities must also ensure full rehabilitation, including the quashing of convictions and restoration of civil and political rights, for all those unlawfully detained for years. The Observatory and the undersigned organisations further urge the international community to continue to closely monitor the situation in Belarus and to take all available legal, political and diplomatic measures to ensure accountability for the grave human rights violations and international crimes, including by referring the situation to the International Criminal Court.]]> Paris-Geneva, 15 December 2025 - On 13 December, the regime of Aliaksandr Lukashenko released over a hundred political prisoners following an agreement with the United States to lift sanctions on Belarusian potash. Among the released are prominent human rights defenders and Viasna members Ales Bialiatski and Uladzimir Labkovich, as well as key opposition figures, such as Maryia Kalesnikava, Viktar Babaryka and lawyer Maksim Znak. The Observatory for the Protection of Human Rights Defenders (a partnership of FIDH and OMCT) and the undersigned organisations welcome this long-awaited release, which constitutes a necessary but insufficient step, as all arbitrarily detained human rights defenders, including former FIDH Vice President and Viasna colleague Valiantsin Stefanovic, Viasna team member Marfa Rabkova, and woman human rights defender Nasta Loika must be released now. The Observatory recalls that Ales Bialiatski, 2022 Nobel Peace Prize laureate and former Vice President of the International Federation for Human Rights (FIDH), and Viasna lawyer Uladzimir Labkovich were arbitrarily detained on 14 July 2021, prosecuted, and sentenced to ten and seven years of prison respectively on 3 March 2023, in retaliation for their legitimate and peaceful human rights activities. Their imprisonment constituted a grave violation of Belarus’ international human rights obligations, including the rights to freedom of expression, association, and fair trial. While their release brings long-overdue relief to them, their families, their colleagues and the human rights community around the world, the Observatory stresses that this step remains insufficient as long as hundreds of human rights defenders, journalists, lawyers, activists, and political opponents remain arbitrarily detained in Belarus on politically motivated charges solely for exercising their fundamental freedoms, and repressions against Belarusian dissidents continue unabated. In particular, Valiantsin Stefanovic, former Vice President of FIDH arrested along Ales Bialiatski and Uladzimir Labkovic in July 2021, women human rights defender and Viasna member Marfa Rabkova, detained since September 2020, and founder of Human Constanta woman human rights defender Nasta Loika, arbitrarily detained since September 2022, were not among the released political prisoners. Alongside them, numerous human rights journalists, lawyers, and trade union activists remain arbitrarily detained, including Andrzej Poczobut, Katsiaryna Andreyeva, Ihar Ilyash, Danil Palianski, Pavel Dabravolski, Andrei Aliaksandrau, and many others. The Observatory and the undersigned organisations call on the Belarusian authorities to immediately and unconditionally release all human rights defenders and political prisoners who have been arbitrarily detained, to put an end to judicial harassment and reprisals against civil society, and to repeal repressive legislation used to criminalise peaceful dissent and freedom of expression. The authorities must also ensure full rehabilitation, including the quashing of convictions and restoration of civil and political rights, for all those unlawfully detained for years. The Observatory and the undersigned organisations further urge the international community to continue to closely monitor the situation in Belarus and to take all available legal, political and diplomatic measures to ensure accountability for the grave human rights violations and international crimes, including by referring the situation to the International Criminal Court.]]> https://observatoryfordefenders.org/alert/turkey-joint-statement-ahead-of-the-hearings-of-betul-vangolu-kozagacli-and-seda-saraldi-chd/ Tue, 11 Feb 2025 13:54:20 +0000 https://observatoryfordefenders.org/?post_type=alert&p=22945 February 11, 2025 – Ahead of the upcoming judicial hearings in the cases of Betül Vangölü Kozağaçlı and Seda Şaraldı, lawyers and members of the Progressive Lawyers' Association (Çağdaş Hukukçular Derneği - ÇHD), the undersigned organisations, including the Observatory for the protection of human right defenders (FIDH-OMCT), urge for the dismissal of all charges against them and call for their immediate release. Detained as reprisal for their legitimate human rights work, the cases of the ÇHD lawyers reflect the Turkish authorities' alarming pattern of increasing repression against civil society. We, the undersigned organisations, express solidarity with lawyers and members of the Progressive Lawyers' Association (ÇHD) who are currently facing unjust judicial persecution, criminalisation and arbitrary detention. Ahead of the upcoming judicial hearings in the cases of Betül Vangölü Kozağaçlı and Seda Şaraldı, scheduled for 12 February and 20 February 2025, respectively, we call on Turkish authorities to secure their right to a fair trial, to drop all charges against them, and to immediately and unconditionally release them. On 6 February 2024, an armed attack took place at the Çağlayan Courthouse, in Istanbul. Two attackers were shot by police, who later identified them as alleged members of the Revolutionary People’s Liberation Party/Front (DHKP/C). In the aftermath of the attack, several offices of various organisations were raided and ransacked by police forces across Istanbul. Among them was the People’s Law Office, where four lawyers, members of the ÇHD - Didem Baydar Ünsal, Berrak Çağlar, Seda Şaraldı, and Betül Vangölü Kozağaçlı - were detained. Despite the lack of any evidence linking them to any criminal activity and based solely on their work as lawyers, they have been accused of "membership in an illegal organisation", a charge frequently used by authorities in Turkey to target lawyers, journalists and human rights defenders. Since then, Betül and Seda have been in pre-trial detention, and in Seda's case, her detention has not been reviewed since it began. These cases evidence Turkish authorities’ systematic practice of threatening and harassing lawyers as a tactic to silence dissent. By cracking down on members of ÇHD, an organisation known for defending individuals facing state repression and human rights violations, Turkish authorities are both targeting the lawyers’ legitimate human rights work, and their clients’ right to defence. Ahead of the new hearings in the cases of Betül Vangölü Kozağaçlı and Seda Şaraldı, we urge authorities in Turkey to drop all charges and immediately and unconditionally release them, as well as all members of ÇHD and human rights defenders imprisoned in the country. The listed organisations remind the Court and the authorities in Turkey that the world is watching.]]> February 11, 2025 – Ahead of the upcoming judicial hearings in the cases of Betül Vangölü Kozağaçlı and Seda Şaraldı, lawyers and members of the Progressive Lawyers' Association (Çağdaş Hukukçular Derneği - ÇHD), the undersigned organisations, including the Observatory for the protection of human right defenders (FIDH-OMCT), urge for the dismissal of all charges against them and call for their immediate release. Detained as reprisal for their legitimate human rights work, the cases of the ÇHD lawyers reflect the Turkish authorities' alarming pattern of increasing repression against civil society. We, the undersigned organisations, express solidarity with lawyers and members of the Progressive Lawyers' Association (ÇHD) who are currently facing unjust judicial persecution, criminalisation and arbitrary detention. Ahead of the upcoming judicial hearings in the cases of Betül Vangölü Kozağaçlı and Seda Şaraldı, scheduled for 12 February and 20 February 2025, respectively, we call on Turkish authorities to secure their right to a fair trial, to drop all charges against them, and to immediately and unconditionally release them. On 6 February 2024, an armed attack took place at the Çağlayan Courthouse, in Istanbul. Two attackers were shot by police, who later identified them as alleged members of the Revolutionary People’s Liberation Party/Front (DHKP/C). In the aftermath of the attack, several offices of various organisations were raided and ransacked by police forces across Istanbul. Among them was the People’s Law Office, where four lawyers, members of the ÇHD - Didem Baydar Ünsal, Berrak Çağlar, Seda Şaraldı, and Betül Vangölü Kozağaçlı - were detained. Despite the lack of any evidence linking them to any criminal activity and based solely on their work as lawyers, they have been accused of "membership in an illegal organisation", a charge frequently used by authorities in Turkey to target lawyers, journalists and human rights defenders. Since then, Betül and Seda have been in pre-trial detention, and in Seda's case, her detention has not been reviewed since it began. These cases evidence Turkish authorities’ systematic practice of threatening and harassing lawyers as a tactic to silence dissent. By cracking down on members of ÇHD, an organisation known for defending individuals facing state repression and human rights violations, Turkish authorities are both targeting the lawyers’ legitimate human rights work, and their clients’ right to defence. Ahead of the new hearings in the cases of Betül Vangölü Kozağaçlı and Seda Şaraldı, we urge authorities in Turkey to drop all charges and immediately and unconditionally release them, as well as all members of ÇHD and human rights defenders imprisoned in the country. The listed organisations remind the Court and the authorities in Turkey that the world is watching.]]> https://observatoryfordefenders.org/alert/russia-human-rights-defender-oleg-orlov-released/ Fri, 02 Aug 2024 13:58:04 +0000 https://observatoryfordefenders.org/?post_type=alert&p=22253 Paris-Geneva, August 2, 2024 – On August 1, 2024, Oleg Orlov was released as part of a prisoner exchange after more than five months of arbitrary detention and years of judicial harassment. The Observatory for the Protection of Human Rights Defenders (FIDH-OMCT) is deeply relieved by the news and welcomes the efforts of the countries that contributed to his release. The Observatory however recalls that he should never have been detained in the first place and calls on all other human rights defenders and political prisoners to be released.   Oleg Orlov has been released and is now safe and out of Russia. He was freed as part of a broader prisoner exchange between Russia and Western countries, along with 15 other Russian political prisoners - journalists, activists and political opponents of Vladimir Putin's regime.   “Oleg never wanted to leave Russia. Even when he was first hinted at and then threatened. He never asked for a pardon or an exchange. But the authorities found a way to get rid of one of the country's best people”, declared Natalia Morozova, acting head of FIDH’s Eastern Europe and Central Asia desk. “We are happy to see Oleg free, but this joy is overshadowed by the fact that he is in exile, and hundreds more political prisoners languish in Russia.”   Oleg Orlov was co-chairman of the Russian human rights NGO Memorial Human Rights Defence Center (HRDC “Memorial”), a member of FIDH. On July 9, 2024, the Paris City Council made Oleg Orlov an honorary citizen of Paris. He had already been awarded the Sakharov Prize for Freedom of Expression in 2009, and the Moscow Helsinki Group Award in 2012.   “We have for years continuously documented and condemned intense judicial and other harassment of Oleg Orlov”, added Maryia Kvitsinskaya, Human Rights Adviser for Europe and Central Asia Programme at the OMCT. “His release is a significant achievement, but it also reflects the ongoing silencing of human rights defenders in Russia, which deprives the population of their most determined advocates.”   The end of years of judicial harassment   On October 11, 2023, the Golovinsky District Court of Moscow found Oleg Orlov guilty of "public actions aimed at discrediting the use of armed forces of the Russian Federation" and fined him 150,000 roubles (approximately 1,409 Euros). This followed his article "Russia: they wanted fascism, they got it" published in Le Club de Mediapart, on November 13, 2022. While Oleg Orlov filed a first appeal to request acquittal, the prosecutor's office also filed an appeal demanding three years’ imprisonment. On February 27, 2024, the Golovinsky District Court sentenced him to two years and six months in a correctional colony of the general regime and he was taken to detention center № 7 "Kapotnia" in Moscow. He appealed this decision on March 18, 2024. On April 17, 2024, even before the judgement was enforced, Mr. Orlov was transferred illegally to a pre-trial detention centre in Syzran, 900 kilometres from Moscow, preventing private consultations with his lawyer and impeding his right to a fair defence. On July 11, 2024, his appeal was rejected, enforcing the verdict of two years and six months of imprisonment in a correctional colony of the general regime. The Observatory welcomes the efforts of the international community that led to the release of Oleg Orlov. The Observatory calls for the continuation of these efforts to obtain the release of all other arbitrarily imprisoned human rights defenders in Russia and to allow them to continue their legitimate activities.   Contacts : FIDH : Raphaël Lopoukhine: rlopoukhine@fidh.org OMCT: Francesca Pezzola: fpe@omct.org]]> Paris-Geneva, August 2, 2024 – On August 1, 2024, Oleg Orlov was released as part of a prisoner exchange after more than five months of arbitrary detention and years of judicial harassment. The Observatory for the Protection of Human Rights Defenders (FIDH-OMCT) is deeply relieved by the news and welcomes the efforts of the countries that contributed to his release. The Observatory however recalls that he should never have been detained in the first place and calls on all other human rights defenders and political prisoners to be released.   Oleg Orlov has been released and is now safe and out of Russia. He was freed as part of a broader prisoner exchange between Russia and Western countries, along with 15 other Russian political prisoners - journalists, activists and political opponents of Vladimir Putin's regime.   “Oleg never wanted to leave Russia. Even when he was first hinted at and then threatened. He never asked for a pardon or an exchange. But the authorities found a way to get rid of one of the country's best people”, declared Natalia Morozova, acting head of FIDH’s Eastern Europe and Central Asia desk. “We are happy to see Oleg free, but this joy is overshadowed by the fact that he is in exile, and hundreds more political prisoners languish in Russia.”   Oleg Orlov was co-chairman of the Russian human rights NGO Memorial Human Rights Defence Center (HRDC “Memorial”), a member of FIDH. On July 9, 2024, the Paris City Council made Oleg Orlov an honorary citizen of Paris. He had already been awarded the Sakharov Prize for Freedom of Expression in 2009, and the Moscow Helsinki Group Award in 2012.   “We have for years continuously documented and condemned intense judicial and other harassment of Oleg Orlov”, added Maryia Kvitsinskaya, Human Rights Adviser for Europe and Central Asia Programme at the OMCT. “His release is a significant achievement, but it also reflects the ongoing silencing of human rights defenders in Russia, which deprives the population of their most determined advocates.”   The end of years of judicial harassment   On October 11, 2023, the Golovinsky District Court of Moscow found Oleg Orlov guilty of "public actions aimed at discrediting the use of armed forces of the Russian Federation" and fined him 150,000 roubles (approximately 1,409 Euros). This followed his article "Russia: they wanted fascism, they got it" published in Le Club de Mediapart, on November 13, 2022. While Oleg Orlov filed a first appeal to request acquittal, the prosecutor's office also filed an appeal demanding three years’ imprisonment. On February 27, 2024, the Golovinsky District Court sentenced him to two years and six months in a correctional colony of the general regime and he was taken to detention center № 7 "Kapotnia" in Moscow. He appealed this decision on March 18, 2024. On April 17, 2024, even before the judgement was enforced, Mr. Orlov was transferred illegally to a pre-trial detention centre in Syzran, 900 kilometres from Moscow, preventing private consultations with his lawyer and impeding his right to a fair defence. On July 11, 2024, his appeal was rejected, enforcing the verdict of two years and six months of imprisonment in a correctional colony of the general regime. The Observatory welcomes the efforts of the international community that led to the release of Oleg Orlov. The Observatory calls for the continuation of these efforts to obtain the release of all other arbitrarily imprisoned human rights defenders in Russia and to allow them to continue their legitimate activities.   Contacts : FIDH : Raphaël Lopoukhine: rlopoukhine@fidh.org OMCT: Francesca Pezzola: fpe@omct.org]]> https://observatoryfordefenders.org/alert/mali-enlevement-du-journaliste-et-cyberactiviste-yeri-bocoum/ Mon, 24 Jun 2024 08:20:52 +0000 https://observatoryfordefenders.org/?post_type=alert&p=22128 Yeri Bocoum, journaliste, cyberactiviste, vice-président de l’Association des professionnels des médias sociaux et web acteurs (APMSWA) et directeur du média en ligne indépendant Yeri Bocoum Communication. Yeri Bocoum est particulièrement engagé dans la dénonciation de la mauvaise gouvernance ainsi que des mauvaises conditions de vie économique au Mali. Le 8 juin 2024 à 14h, Yeri Bocoum a été enlevé à son domicile à Kati, au nord-ouest de Bamako, par des individus non identifiés et a été emmené vers une destination inconnue. Selon des témoins de la scène, des hommes en civil à bord d'un véhicule sont venus le chercher devant chez lui, il se serait débattu mais aurait fini par être emmené. Au moment de la publication de cet Appel Urgent, le sort et le lieu où se trouve Yeri Bocoum sont toujours inconnus, et ses proches et son organisation restent sans nouvelles de sa part. L’enlèvement de Yeri Bocoum serait lié à sa couverture en tant que journaliste d’une manifestation spontanée contre la vie chère et le manque d’électricité, organisée le 7 juin 2024 devant la Chambre du commerce et d’industrie du Mali à Bamako par la Synergie d'Action pour le Mali, une coalition d'organisations de la société civile et de regroupements politiques, constituée le 17 février 2024. M. Bocoum était l’un des rares journalistes à couvrir cet événement. Il avait interviewé M. Youssouf Daba Diawara, l’un des portes paroles de la Synergie d’action. L'Observatoire rappelle que cet enlèvement s'inscrit dans un contexte de restriction de la liberté d’expression et de multiplication des attaques à l'encontre des défenseur·es des droits humains et des journalistes au Mali. Les services de renseignement maliens, notamment l’Agence Nationale de la Sécurité d’État (ANSE), ont multiplié depuis 2023 les enlèvements et détentions au secret de défenseur·es, y compris de journalistes. Celles et ceux d’entre elles et eux qui dénoncent la mauvaise gouvernance, la vie chère, la crise énergétique et les violations des droits humains commises par les autorités de transition au pouvoir et par les groupes armés sont la cible de menaces, d’actes d’intimidation, de harcèlement judiciaire, d’enlèvements et de détentions arbitraires. Depuis décembre 2022, au moins sept défenseur·es des droits humains ont été enlevé·es dans le pays, dont Sory Koné, directeur de la Radio Danaya de Souba, enlevé le 26 janvier 2023 à Ségou et toujours porté disparu et Idriss Martinez Konipo, directeur de la page Mediatik TV, enlevé à Bamako le 28 avril 2023 et libéré deux jours plus tard, le 30 avril 2023. Par ailleurs, le 7 novembre 2023, le journaliste Abdoul Aziz Djibrilla a été tué et ses partenaires Saleck Ag Jiddou et Moustapha Koné ont été enlevés au nord du Mali par un groupe armé non identifié. Les organisations de défense des droits humains, notamment Reporters sans frontières, ont dénoncé le silence des autorités de la transition maliennes suite à ces évènements, observant la faible volonté des autorités de protéger les journalistes. En juillet 2023, la cyberactiviste Rokiatou Doumbia a été arrêtée pour avoir critiqué les résultats économiques et les politiques de sécurité publique des autorités de transition au pouvoir, puis a été condamnée en août 2023 à un an de prison. L'Observatoire condamne fermement l’enlèvement et la disparition forcée de Yeri Bocoum, qui ne semblent viser qu'à restreindre sa liberté d’expression et à entraver ses activités légitimes de défense des droits humains. L'Observatoire exhorte les autorités de transition au pouvoir au Mali à mener une enquête indépendante, rigoureuse et impartiale sur la disparition de Yeri Bocoum et à tout mettre en œuvre pour permettre sa libération. L’Observatoire appelle par ailleurs les autorités de transition au pouvoir à mettre fin à tout acte de harcèlement et à tout acte d'intimidation à l'encontre de Yeri Bocoum, ainsi que de tou·tes les défenseur·es des droits humains dans le pays. L'Observatoire appelle enfin les autorités de transition au pouvoir au Mali à garantir en toutes circonstances le droit à la liberté d'expression et à la liberté de réunion pacifique telles que consacrées par le droit international des droits humains, et en particulier les articles 19 et 21 du Pacte international relatif aux droits civils et politiques (PIDCP), auquel le Mali est partie.]]> Yeri Bocoum, journaliste, cyberactiviste, vice-président de l’Association des professionnels des médias sociaux et web acteurs (APMSWA) et directeur du média en ligne indépendant Yeri Bocoum Communication. Yeri Bocoum est particulièrement engagé dans la dénonciation de la mauvaise gouvernance ainsi que des mauvaises conditions de vie économique au Mali. Le 8 juin 2024 à 14h, Yeri Bocoum a été enlevé à son domicile à Kati, au nord-ouest de Bamako, par des individus non identifiés et a été emmené vers une destination inconnue. Selon des témoins de la scène, des hommes en civil à bord d'un véhicule sont venus le chercher devant chez lui, il se serait débattu mais aurait fini par être emmené. Au moment de la publication de cet Appel Urgent, le sort et le lieu où se trouve Yeri Bocoum sont toujours inconnus, et ses proches et son organisation restent sans nouvelles de sa part. L’enlèvement de Yeri Bocoum serait lié à sa couverture en tant que journaliste d’une manifestation spontanée contre la vie chère et le manque d’électricité, organisée le 7 juin 2024 devant la Chambre du commerce et d’industrie du Mali à Bamako par la Synergie d'Action pour le Mali, une coalition d'organisations de la société civile et de regroupements politiques, constituée le 17 février 2024. M. Bocoum était l’un des rares journalistes à couvrir cet événement. Il avait interviewé M. Youssouf Daba Diawara, l’un des portes paroles de la Synergie d’action. L'Observatoire rappelle que cet enlèvement s'inscrit dans un contexte de restriction de la liberté d’expression et de multiplication des attaques à l'encontre des défenseur·es des droits humains et des journalistes au Mali. Les services de renseignement maliens, notamment l’Agence Nationale de la Sécurité d’État (ANSE), ont multiplié depuis 2023 les enlèvements et détentions au secret de défenseur·es, y compris de journalistes. Celles et ceux d’entre elles et eux qui dénoncent la mauvaise gouvernance, la vie chère, la crise énergétique et les violations des droits humains commises par les autorités de transition au pouvoir et par les groupes armés sont la cible de menaces, d’actes d’intimidation, de harcèlement judiciaire, d’enlèvements et de détentions arbitraires. Depuis décembre 2022, au moins sept défenseur·es des droits humains ont été enlevé·es dans le pays, dont Sory Koné, directeur de la Radio Danaya de Souba, enlevé le 26 janvier 2023 à Ségou et toujours porté disparu et Idriss Martinez Konipo, directeur de la page Mediatik TV, enlevé à Bamako le 28 avril 2023 et libéré deux jours plus tard, le 30 avril 2023. Par ailleurs, le 7 novembre 2023, le journaliste Abdoul Aziz Djibrilla a été tué et ses partenaires Saleck Ag Jiddou et Moustapha Koné ont été enlevés au nord du Mali par un groupe armé non identifié. Les organisations de défense des droits humains, notamment Reporters sans frontières, ont dénoncé le silence des autorités de la transition maliennes suite à ces évènements, observant la faible volonté des autorités de protéger les journalistes. En juillet 2023, la cyberactiviste Rokiatou Doumbia a été arrêtée pour avoir critiqué les résultats économiques et les politiques de sécurité publique des autorités de transition au pouvoir, puis a été condamnée en août 2023 à un an de prison. L'Observatoire condamne fermement l’enlèvement et la disparition forcée de Yeri Bocoum, qui ne semblent viser qu'à restreindre sa liberté d’expression et à entraver ses activités légitimes de défense des droits humains. L'Observatoire exhorte les autorités de transition au pouvoir au Mali à mener une enquête indépendante, rigoureuse et impartiale sur la disparition de Yeri Bocoum et à tout mettre en œuvre pour permettre sa libération. L’Observatoire appelle par ailleurs les autorités de transition au pouvoir à mettre fin à tout acte de harcèlement et à tout acte d'intimidation à l'encontre de Yeri Bocoum, ainsi que de tou·tes les défenseur·es des droits humains dans le pays. L'Observatoire appelle enfin les autorités de transition au pouvoir au Mali à garantir en toutes circonstances le droit à la liberté d'expression et à la liberté de réunion pacifique telles que consacrées par le droit international des droits humains, et en particulier les articles 19 et 21 du Pacte international relatif aux droits civils et politiques (PIDCP), auquel le Mali est partie.]]> https://observatoryfordefenders.org/alert/india-gokarakonda-naga-saibaba-acquitted-and-released/ Thu, 14 Mar 2024 19:23:15 +0000 https://observatoryfordefenders.org/?post_type=alert&p=21732 Gokarakonda Naga Saibaba, former professor in the University of Delhi and well-known campaigner for the rights of traditionally oppressed communities, especially Dalit and indigenous communities, in India. G.N. Saibaba has spoken out against the violence and discrimination faced by these communities, especially in mineral-rich central India. He also campaigned extensively against serious human rights abuses by state backed private militias and government security forces, including killings, torture, and forced displacement, in Chhattisgarh State since mid-2005. On March 7, 2024, G.N. Saibaba was released from Nagpur Central Jail, after 10 years of judicial harassment and seven years of continuous arbitrary detention in conditions that appear to have amounted to torture and ill-treatment. On March 5, 2024, the Nagpur Bench of the Bombay High Court had acquitted G.N. Saibaba of all charges against him. The government of Maharashtra State immediately appealed the High Court’s decision with a stay of execution, rejected on the same day. The Maharashtra State government subsequently petitioned such immediate stay to the Supreme Court. On March 11, 2024, the Supreme Court rejected the request, confirming the order of acquittal. The Observatory recalls that G.N. Saibaba was arbitrarily arrested on May 9, 2014 in Delhi, in relation to his alleged links to a banned Maoist organisation. While returning from his work at Delhi University, he was abducted from the car he was travelling in, brought to the airport, and put on a plane to Nagpur, Maharashtra State. He was never shown an arrest warrant and his relatives were not informed about his arrest. Despite his physical disability, G.N. Saibaba was placed in detention at the Nagpur Central Jail, over a thousand kilometres away from his home. On March 7, 2017, the District and Session Court of Gadchiroli sentenced G.N. Saibaba to life imprisonment on charges of conspiracy and membership of a terrorist organisation under Sections 13, 18, 20, 39, and 39 of the Unlawful Activities (Prevention) Act (UAPA). On October 14, 2022, the Nagpur Bench of the Bombay High Court acquitted G.N. Saibaba, arguing that the legal procedures under Section 45(1) of the UAPA had not been adequately followed. However, within 24 hours, the Supreme Court suspended the decision of the Bombay High Court arguing that the procedural issue could not lead to G.N. Saibaba’s acquittal given the gravity of the alleged crime and requested a new hearing, which was held on March 5, 2024. The Observatory further recalls that G.N. Saibaba’s health severely deteriorated while in detention. Saibaba has a disability due to polio and other severe health issues including a heart condition, brain cyst, hypertension, and breathing difficulties. In addition, the prison administration failed to take adequate measures to address his mobility impairment while he was in a wheelchair. On the contrary, he was held in solitary confinement in a windowless cell. In 2018, his left arm was paralysed due to nerve damage and the lack of timely treatment. The inflammation has since spread to his right arm, and he is no longer able to use his hands for writing or daily functions. United Nations human rights experts called for his release on medical grounds in 2018, urging Indian authorities to ensure G.N. Saibaba’s access to health care and reminding them that “any denial of reasonable accommodation for people with disabilities in detention is not only discriminatory but may well amount to ill-treatment or even torture”. The Observatory welcomes the acquittal and release of G.N. Saibaba but underlines that he should never have been detained in the first place, his detention being arbitrary as it merely aimed at punishing him for his legitimate human rights activities. Moreover, the Observatory reiterates its concern over the misuse of the UAPA by the authorities to target human rights defenders and silence dissent and urges the Indian authorities to release all human rights defenders arbitrarily detained under this legislation.]]> Gokarakonda Naga Saibaba, former professor in the University of Delhi and well-known campaigner for the rights of traditionally oppressed communities, especially Dalit and indigenous communities, in India. G.N. Saibaba has spoken out against the violence and discrimination faced by these communities, especially in mineral-rich central India. He also campaigned extensively against serious human rights abuses by state backed private militias and government security forces, including killings, torture, and forced displacement, in Chhattisgarh State since mid-2005. On March 7, 2024, G.N. Saibaba was released from Nagpur Central Jail, after 10 years of judicial harassment and seven years of continuous arbitrary detention in conditions that appear to have amounted to torture and ill-treatment. On March 5, 2024, the Nagpur Bench of the Bombay High Court had acquitted G.N. Saibaba of all charges against him. The government of Maharashtra State immediately appealed the High Court’s decision with a stay of execution, rejected on the same day. The Maharashtra State government subsequently petitioned such immediate stay to the Supreme Court. On March 11, 2024, the Supreme Court rejected the request, confirming the order of acquittal. The Observatory recalls that G.N. Saibaba was arbitrarily arrested on May 9, 2014 in Delhi, in relation to his alleged links to a banned Maoist organisation. While returning from his work at Delhi University, he was abducted from the car he was travelling in, brought to the airport, and put on a plane to Nagpur, Maharashtra State. He was never shown an arrest warrant and his relatives were not informed about his arrest. Despite his physical disability, G.N. Saibaba was placed in detention at the Nagpur Central Jail, over a thousand kilometres away from his home. On March 7, 2017, the District and Session Court of Gadchiroli sentenced G.N. Saibaba to life imprisonment on charges of conspiracy and membership of a terrorist organisation under Sections 13, 18, 20, 39, and 39 of the Unlawful Activities (Prevention) Act (UAPA). On October 14, 2022, the Nagpur Bench of the Bombay High Court acquitted G.N. Saibaba, arguing that the legal procedures under Section 45(1) of the UAPA had not been adequately followed. However, within 24 hours, the Supreme Court suspended the decision of the Bombay High Court arguing that the procedural issue could not lead to G.N. Saibaba’s acquittal given the gravity of the alleged crime and requested a new hearing, which was held on March 5, 2024. The Observatory further recalls that G.N. Saibaba’s health severely deteriorated while in detention. Saibaba has a disability due to polio and other severe health issues including a heart condition, brain cyst, hypertension, and breathing difficulties. In addition, the prison administration failed to take adequate measures to address his mobility impairment while he was in a wheelchair. On the contrary, he was held in solitary confinement in a windowless cell. In 2018, his left arm was paralysed due to nerve damage and the lack of timely treatment. The inflammation has since spread to his right arm, and he is no longer able to use his hands for writing or daily functions. United Nations human rights experts called for his release on medical grounds in 2018, urging Indian authorities to ensure G.N. Saibaba’s access to health care and reminding them that “any denial of reasonable accommodation for people with disabilities in detention is not only discriminatory but may well amount to ill-treatment or even torture”. The Observatory welcomes the acquittal and release of G.N. Saibaba but underlines that he should never have been detained in the first place, his detention being arbitrary as it merely aimed at punishing him for his legitimate human rights activities. Moreover, the Observatory reiterates its concern over the misuse of the UAPA by the authorities to target human rights defenders and silence dissent and urges the Indian authorities to release all human rights defenders arbitrarily detained under this legislation.]]> https://observatoryfordefenders.org/alert/azerbaijan-elchin-mammad-released-after-1134-days-of-unjust-detention/ Fri, 26 May 2023 16:23:37 +0000 https://observatoryfordefenders.org/?post_type=alert&p=20450 Geneva-Paris, May 26, 2023 – Azerbaijani human rights lawyer and journalist Elchin Mammad was released on May 9 following a presidential pardon from Ilham Aliyev. The Observatory (OMCT-FIDH) welcomes his release but recalls that he should never have been detained in the first place, and urges the authorities to provide him reparations for his unlawful detention. Elchin Mammad is a human rights lawyer and the President of the Social Union of Legal Education of Sumgait Youth (SULESY), an NGO providing free legal assistance to low-income families and non-profits. At the time of his arrest, he was also the editor-in-chief of the newspaper Yukselish Namine, which publishes articles on human rights concerns in the country. Mr Mammad was apprehended by police officers at his home in the city of Sumgait on March 30, 2020, following the online publication of a report criticising the human rights situation in Azerbaijan. In October 2020, the Sumgait City Court sentenced him to four years in prison on fabricated charges of “theft causing significant damage” and “illegal purchase and possession of firearm accessories” (Articles 177.2.4 and 228.1 of the Criminal Code of Azerbaijan). The police claimed to have found stolen jewelry and ammunition in his office. The circumstances in which the verdict was handed down suggest that Elchin Mammad did not benefit from a fair trial. The evidence heard at the trial was inconsistent and should not have led to Mr Mammad's conviction, while the investigation phase also appears to have been marred by police tampering of evidence. Yet, for over three years, all his appeals against the prison sentence, as well as his multiple requests to commute it, were rejected by the courts. His lawyer submitted Mr Mammad’s case to the European Court of Human Rights, which has not yet ruled on it. During his more than three years of detention, Mr Mammad’s health deteriorated due to the lack of adequate medical care provided in prison. He suffers from Hepatitis C, has developed kidney issues, and experienced swollen legs. His medical condition deteriorated due to a hunger strike that Mr Mammad went on during his time in prison. On November 24, 2021, he was transferred from Prison No. 14 of the Penitentiary Service of the Ministry of Justice to pre-trial detention centre No. 1 in Kurdakhani, where he had no access to a bed for some days due to severe overcrowding in the facilities. The Observatory welcomes the release of Elchin Mammad but underlines that he should never have been detained in the first place, as his sentencing and imprisonment were arbitrary and merely aimed at punishing him for his peaceful and legitimate human rights activities. The Observatory urges the authorities of Azerbaijan to protect Elchin Mammad’s and his family’s physical integrity and psychological well-being. The Observatory further calls on the authorities to provide them with adequate compensation and other reparations for his arbitrary deprivation of liberty, including any necessary medical assistance.]]> Geneva-Paris, May 26, 2023 – Azerbaijani human rights lawyer and journalist Elchin Mammad was released on May 9 following a presidential pardon from Ilham Aliyev. The Observatory (OMCT-FIDH) welcomes his release but recalls that he should never have been detained in the first place, and urges the authorities to provide him reparations for his unlawful detention. Elchin Mammad is a human rights lawyer and the President of the Social Union of Legal Education of Sumgait Youth (SULESY), an NGO providing free legal assistance to low-income families and non-profits. At the time of his arrest, he was also the editor-in-chief of the newspaper Yukselish Namine, which publishes articles on human rights concerns in the country. Mr Mammad was apprehended by police officers at his home in the city of Sumgait on March 30, 2020, following the online publication of a report criticising the human rights situation in Azerbaijan. In October 2020, the Sumgait City Court sentenced him to four years in prison on fabricated charges of “theft causing significant damage” and “illegal purchase and possession of firearm accessories” (Articles 177.2.4 and 228.1 of the Criminal Code of Azerbaijan). The police claimed to have found stolen jewelry and ammunition in his office. The circumstances in which the verdict was handed down suggest that Elchin Mammad did not benefit from a fair trial. The evidence heard at the trial was inconsistent and should not have led to Mr Mammad's conviction, while the investigation phase also appears to have been marred by police tampering of evidence. Yet, for over three years, all his appeals against the prison sentence, as well as his multiple requests to commute it, were rejected by the courts. His lawyer submitted Mr Mammad’s case to the European Court of Human Rights, which has not yet ruled on it. During his more than three years of detention, Mr Mammad’s health deteriorated due to the lack of adequate medical care provided in prison. He suffers from Hepatitis C, has developed kidney issues, and experienced swollen legs. His medical condition deteriorated due to a hunger strike that Mr Mammad went on during his time in prison. On November 24, 2021, he was transferred from Prison No. 14 of the Penitentiary Service of the Ministry of Justice to pre-trial detention centre No. 1 in Kurdakhani, where he had no access to a bed for some days due to severe overcrowding in the facilities. The Observatory welcomes the release of Elchin Mammad but underlines that he should never have been detained in the first place, as his sentencing and imprisonment were arbitrary and merely aimed at punishing him for his peaceful and legitimate human rights activities. The Observatory urges the authorities of Azerbaijan to protect Elchin Mammad’s and his family’s physical integrity and psychological well-being. The Observatory further calls on the authorities to provide them with adequate compensation and other reparations for his arbitrary deprivation of liberty, including any necessary medical assistance.]]> https://observatoryfordefenders.org/alert/rdc-liberation-de-trois-membres-du-mouvement-citoyen-jicho-la-raiya/ Mon, 10 Oct 2022 11:43:55 +0000 https://observatoryfordefenders.org/?post_type=alert&p=19472 Serge Mikindo Wasso, Claude Lwaboshi Buhazi et Faustin Ombeni Tulinabo, membres du mouvement citoyen Jicho La Raiya à Masisi[1], dans le sud de la province du Nord-Kivu. Le 30 septembre 2022, la Cour d’appel du Nord-Kivu a prononcé l’acquittement des trois défenseurs des droits humains pour les charges « d’imputation dommageable » et de « dénonciation calomnieuse » dont ils avaient été reconnus coupables le 25 février 2022 par le Tribunal militaire de garnison de Goma, au Nord-Kivu. Ils avaient été condamnés à deux ans de prison. Après avoir passé plus de 19 mois en détention, ils ont été libérés immédiatement. Au moment de la rédaction de cet Appel Urgent, l’arrêt de la Cour d’appel n’a pas encore été rendu public et les motifs de la décision restent inconnus. L’Observatoire rappelle que Serge Mikindo Wasso, Claude Lwaboshi Buhazi et Faustin Ombeni Tulinabo étaient détenus à la prison centrale de Munzenze, à Goma, depuis le 18 février 2021, date à laquelle ils ont été arrêtés alors qu’ils organisaient un sit-in pacifique devant l’Hôpital général de référence (HGR) à Kirotshe. Peu de temps avant, ils avaient adressé un courrier au chef de la division provinciale de la santé dénonçant la mauvaise gestion du Bureau central de la zone de santé (BCZS) de Kirotshe et la perception d’une taxe illégale par l’entreprise CONTRAMAD intervenant dans la réhabilitation des routes du territoire de Masisi. Leur arrestation est intervenue après le dépôt de plainte pour « imputation dommageable » par les responsables du HGR de Kirotshe et de l’entreprise CONTRAMAD. L’Observatoire salue l’acquittement et la libération de Serge Mikindo Wasso, Claude Lwaboshi Buhazi et Faustin Ombeni Tulinabo mais rappelle toutefois que leur détention de plus de 19 mois était abusive et demande à l'État congolais d'accorder aux défenseurs la réparation intégrale des dommages causés par la criminalisation, la détention arbitraire et les mauvais traitements dont ils ont fait l'objet.]]> Serge Mikindo Wasso, Claude Lwaboshi Buhazi et Faustin Ombeni Tulinabo, membres du mouvement citoyen Jicho La Raiya à Masisi[1], dans le sud de la province du Nord-Kivu. Le 30 septembre 2022, la Cour d’appel du Nord-Kivu a prononcé l’acquittement des trois défenseurs des droits humains pour les charges « d’imputation dommageable » et de « dénonciation calomnieuse » dont ils avaient été reconnus coupables le 25 février 2022 par le Tribunal militaire de garnison de Goma, au Nord-Kivu. Ils avaient été condamnés à deux ans de prison. Après avoir passé plus de 19 mois en détention, ils ont été libérés immédiatement. Au moment de la rédaction de cet Appel Urgent, l’arrêt de la Cour d’appel n’a pas encore été rendu public et les motifs de la décision restent inconnus. L’Observatoire rappelle que Serge Mikindo Wasso, Claude Lwaboshi Buhazi et Faustin Ombeni Tulinabo étaient détenus à la prison centrale de Munzenze, à Goma, depuis le 18 février 2021, date à laquelle ils ont été arrêtés alors qu’ils organisaient un sit-in pacifique devant l’Hôpital général de référence (HGR) à Kirotshe. Peu de temps avant, ils avaient adressé un courrier au chef de la division provinciale de la santé dénonçant la mauvaise gestion du Bureau central de la zone de santé (BCZS) de Kirotshe et la perception d’une taxe illégale par l’entreprise CONTRAMAD intervenant dans la réhabilitation des routes du territoire de Masisi. Leur arrestation est intervenue après le dépôt de plainte pour « imputation dommageable » par les responsables du HGR de Kirotshe et de l’entreprise CONTRAMAD. L’Observatoire salue l’acquittement et la libération de Serge Mikindo Wasso, Claude Lwaboshi Buhazi et Faustin Ombeni Tulinabo mais rappelle toutefois que leur détention de plus de 19 mois était abusive et demande à l'État congolais d'accorder aux défenseurs la réparation intégrale des dommages causés par la criminalisation, la détention arbitraire et les mauvais traitements dont ils ont fait l'objet.]]>