Trial – The Observatory For Defenders https://observatoryfordefenders.org Tue, 12 Aug 2025 13:56:32 +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 Trial – The Observatory For Defenders https://observatoryfordefenders.org 32 32 Turkey: First hearing in latest trial against Saturday Mothers/People https://observatoryfordefenders.org/alert/turkey-first-hearing-in-latest-trial-against-saturday-mothers-people/ Wed, 05 Jun 2024 08:40:28 +0000 https://observatoryfordefenders.org/?post_type=alert&p=22099 Today, a joint report by the Observatory for the Protection of Human Rights Defenders (FIDH-OMCT) and the International Observatory for Lawyers in Danger (OIAD) presents findings from the judicial observation of the first hearing in the trial of 20 individuals involved in the Saturday Mothers/People movement on February 27, 2024. They are being prosecuted for participating in peaceful gatherings, highlighting the systematic attacks on the right of assembly in Turkey. The next hearing will be held this Friday, June 7, 2024. Paris, 5 June 2024 –The Saturday Mothers/People (Cumartesi Anneleri/İnsanları) have gathered every Saturday at noon in Istanbul's Galatasaray Square since 1995, to demand accountability for the enforced disappearances of their family members during the political unrest of the 1980s and 1990s in Turkey. For many years - and especially since 2018 -, the Beyoğlu District Governorship in Istanbul has systematically banned these peaceful vigils, leading to repeated arbitrary arrests and detention of their representatives and excessive use of force by law enforcement, including “security circles” and unnecessary handcuffing of protesters.
  • Case details
The case observed involves 20 individuals — relatives of the disappeared but also human rights defenders and a lawyer supporting the Saturday Mothers/People — who were detained and prosecuted for participating in the peaceful 950th weekly vigil on June 10, 2023. They are charged with “attending illegal demonstrations and marches without arms and failing to disperse despite warning”. The charges were pressed against them despite Turkey’s Constitutional Court's rulings on November 16, 2022, and March 29, 2023, upholding the right to peaceful assembly of the Saturday Mothers/People. During the first hearing on February 27, 2024, no major procedural issues were noted and it can be considered that fair trial rights were upheld. However, the judge refused to order the defendants’ immediate acquittal, as it was expected given the baseless accusations in the light of the recent CC rulings.
  • Erosion of Civil Liberties in Turkey
The Saturday Mothers/People vigils have become a powerful symbol of civil society's fight for justice, human rights, and accountability for past violations in Turkey. This case highlights Turkey's alarming erosion of civil rights, including the right to freedom of assembly. Turkish authorities disregard the rule of law by ignoring national and international court decisions, including multiple condemnations by the European Court of Human Rights. The mere fact that the trial took place, despite the Constitutional Court’s judgments qualifying any restrictions on the Saturday Mothers/People’s right to freedom of assembly as unconstitutional, raises concerns regarding respect for constitutional rights and fundamental rule of law principles. “The aim of this procedure is not only to criminalise the peaceful vigils of the Saturday Mothers/People and their legitimate quest for justice. It has a considerable and detrimental chilling effect on protestors and all human rights defenders in Turkey, as it discourages them from taking part in future demonstrations and expressing dissent. This constitutes a direct assault on the fundamental right to peaceful assembly and a limitation to the right of people in Turkey to freely express their opinions and defend human rights by calling for accountability for past violations,” said representatives from the Observatory for the Protection of Human Rights Defenders. “Freedom of expression and the right to demonstrate are fundamental rights that must be guaranteed, particularly when exercised to draw attention to enforced disappearances and to demand truth and justice. Lawyers who do not abandon the side of the families of the forcibly disappeared, and indeed join them in their vigils, are exercising their democratic rights while also performing humanity, which deserve protection at all costs,” said representatives from the International Observatory for Lawyers in Danger.
  • Upcoming hearings
The next hearing in the case against the 20 representatives of Saturday Mothers/People and their supporters will take place on June 7, 2024 at 2 pm. The remaining defendants will be heard, allowing the prosecutor to submit requisitions. The Saturday Mothers/People and their lawyers will continue to demand an end to impunity and accountability for the crimes committed against their loved ones, especially as they recently held their 1000th vigil on May 25, 2024. For more information, please contact: ]]> Today, a joint report by the Observatory for the Protection of Human Rights Defenders (FIDH-OMCT) and the International Observatory for Lawyers in Danger (OIAD) presents findings from the judicial observation of the first hearing in the trial of 20 individuals involved in the Saturday Mothers/People movement on February 27, 2024. They are being prosecuted for participating in peaceful gatherings, highlighting the systematic attacks on the right of assembly in Turkey. The next hearing will be held this Friday, June 7, 2024. Paris, 5 June 2024 –The Saturday Mothers/People (Cumartesi Anneleri/İnsanları) have gathered every Saturday at noon in Istanbul's Galatasaray Square since 1995, to demand accountability for the enforced disappearances of their family members during the political unrest of the 1980s and 1990s in Turkey. For many years - and especially since 2018 -, the Beyoğlu District Governorship in Istanbul has systematically banned these peaceful vigils, leading to repeated arbitrary arrests and detention of their representatives and excessive use of force by law enforcement, including “security circles” and unnecessary handcuffing of protesters.
  • Case details
The case observed involves 20 individuals — relatives of the disappeared but also human rights defenders and a lawyer supporting the Saturday Mothers/People — who were detained and prosecuted for participating in the peaceful 950th weekly vigil on June 10, 2023. They are charged with “attending illegal demonstrations and marches without arms and failing to disperse despite warning”. The charges were pressed against them despite Turkey’s Constitutional Court's rulings on November 16, 2022, and March 29, 2023, upholding the right to peaceful assembly of the Saturday Mothers/People. During the first hearing on February 27, 2024, no major procedural issues were noted and it can be considered that fair trial rights were upheld. However, the judge refused to order the defendants’ immediate acquittal, as it was expected given the baseless accusations in the light of the recent CC rulings.
  • Erosion of Civil Liberties in Turkey
The Saturday Mothers/People vigils have become a powerful symbol of civil society's fight for justice, human rights, and accountability for past violations in Turkey. This case highlights Turkey's alarming erosion of civil rights, including the right to freedom of assembly. Turkish authorities disregard the rule of law by ignoring national and international court decisions, including multiple condemnations by the European Court of Human Rights. The mere fact that the trial took place, despite the Constitutional Court’s judgments qualifying any restrictions on the Saturday Mothers/People’s right to freedom of assembly as unconstitutional, raises concerns regarding respect for constitutional rights and fundamental rule of law principles. “The aim of this procedure is not only to criminalise the peaceful vigils of the Saturday Mothers/People and their legitimate quest for justice. It has a considerable and detrimental chilling effect on protestors and all human rights defenders in Turkey, as it discourages them from taking part in future demonstrations and expressing dissent. This constitutes a direct assault on the fundamental right to peaceful assembly and a limitation to the right of people in Turkey to freely express their opinions and defend human rights by calling for accountability for past violations,” said representatives from the Observatory for the Protection of Human Rights Defenders. “Freedom of expression and the right to demonstrate are fundamental rights that must be guaranteed, particularly when exercised to draw attention to enforced disappearances and to demand truth and justice. Lawyers who do not abandon the side of the families of the forcibly disappeared, and indeed join them in their vigils, are exercising their democratic rights while also performing humanity, which deserve protection at all costs,” said representatives from the International Observatory for Lawyers in Danger.
  • Upcoming hearings
The next hearing in the case against the 20 representatives of Saturday Mothers/People and their supporters will take place on June 7, 2024 at 2 pm. The remaining defendants will be heard, allowing the prosecutor to submit requisitions. The Saturday Mothers/People and their lawyers will continue to demand an end to impunity and accountability for the crimes committed against their loved ones, especially as they recently held their 1000th vigil on May 25, 2024. For more information, please contact: ]]> Bangladesh: Upcoming verdict in the case of Adilur Khan and ASM Nasiruddin Elan https://observatoryfordefenders.org/alert/bangladesh-upcoming-verdict-in-the-case-of-adilur-khan-and-asm-nasiruddin-elan/ Tue, 29 Aug 2023 20:59:43 +0000 https://observatoryfordefenders.org/?post_type=alert&p=20964 Adilur Rahman Khan and ASM Nasiruddin Elan, respectively, Secretary and Director of the human rights non-governmental organisation Odhikar, in a further attempt to punish and silence their human rights activities. On August 24, 2023, the Cyber Tribunal of Dhaka announced that the verdict in the case of Adilur Rahman Khan, who’s also member of the OMCT General Assembly and FIDH Secretary General, and ASM Nasiruddin Elan, would be issued on September 7, 2023. If found guilty, they could face up to 14 years in prison. During the August 24 hearing, the defence brought to the attention of the court that the second Investigation Officer had submitted a supplementary investigation report under Sections 57 (1) and 57 (2) of the ICT Act, 2006, as amended in 2013. The first investigation report had been submitted against the two defenders on September 3, 2013, under a previous version of the ICT Act, amended in 2009. The Observatory recalls that in 2013, following the publication of Odhikar’s fact-finding report, Adilur Rahman Khan and ASM Nasiruddin Elan were arbitrarily detained for 62 and 25 days, respectively, before being released on bail on October 11 and December 1, 2013. The police brought new charges under Section 57 of the ICT Act, 2006 (as amended in 2009), which prescribed a maximum penalty of 10 years in prison. In 2013, another amendment to Section 57 raised the maximum penalty to 14 years’ imprisonment. On February 14, 2021, the Appellate Division of the Supreme Court of Bangladesh rejected Odhikar’s appeal to quash the cybercrime case on its legal merits. On September 12, 2021, the Cyber Tribunal of Dhaka began the trial in the case against the two defenders and on October 5, 2021, commenced the examination of prosecution witnesses. The court concluded the examination of witnesses on 5 April 2023, but then allowed the prosecution to submit an application for additional investigation without specifying what component of the case would be subject to further investigation. The judge overruled the objections of the defendants’ lawyers against the investigation after the conclusion of the examination of the witnesses and falsely stated that the decision was made with the consent of both parties. The Criminal Investigation Department (CID) was assigned to conduct “further investigation” after the announcement of the conclusion of the examination of the witnesses without valid reason. The additional investigation report of the CID was submitted to the Metropolitan Magistrate Court on June 22, and Adilur Rahman Khan and ASM Nasiruddin Elan appeared in court on July 9, and then on July 17, in a hearing to examine the new witnesses identified in the CID’s additional investigation report – of which they only received a copy on July 16. New prosecution witnesses were therefore presented in court on July 17 and 20, without providing enough time for the defence to prepare for cross-examination. This violates the Article 14 of the International Covenant on Civil and Political Rights (ICCPR), which Bangladesh has ratified, along with internationally recognised fair trial standards, and in particular, the right to adequate time and facilities to prepare one’s defence. The Observatory reiterates its deepest concern about the Bangladeshi authorities’ systematic crackdown on human rights defenders who speak out against rampant human rights violations in the country, as well as the numerous violations of international law during this trial. The Observatory urges the authorities to immediately and unconditionally drop all charges against Adilur Rahman Khan and ASM Nasiruddin Elan and to put an end to all acts of harassment, including at the judicial level, against them.]]> Adilur Rahman Khan and ASM Nasiruddin Elan, respectively, Secretary and Director of the human rights non-governmental organisation Odhikar, in a further attempt to punish and silence their human rights activities. On August 24, 2023, the Cyber Tribunal of Dhaka announced that the verdict in the case of Adilur Rahman Khan, who’s also member of the OMCT General Assembly and FIDH Secretary General, and ASM Nasiruddin Elan, would be issued on September 7, 2023. If found guilty, they could face up to 14 years in prison. During the August 24 hearing, the defence brought to the attention of the court that the second Investigation Officer had submitted a supplementary investigation report under Sections 57 (1) and 57 (2) of the ICT Act, 2006, as amended in 2013. The first investigation report had been submitted against the two defenders on September 3, 2013, under a previous version of the ICT Act, amended in 2009. The Observatory recalls that in 2013, following the publication of Odhikar’s fact-finding report, Adilur Rahman Khan and ASM Nasiruddin Elan were arbitrarily detained for 62 and 25 days, respectively, before being released on bail on October 11 and December 1, 2013. The police brought new charges under Section 57 of the ICT Act, 2006 (as amended in 2009), which prescribed a maximum penalty of 10 years in prison. In 2013, another amendment to Section 57 raised the maximum penalty to 14 years’ imprisonment. On February 14, 2021, the Appellate Division of the Supreme Court of Bangladesh rejected Odhikar’s appeal to quash the cybercrime case on its legal merits. On September 12, 2021, the Cyber Tribunal of Dhaka began the trial in the case against the two defenders and on October 5, 2021, commenced the examination of prosecution witnesses. The court concluded the examination of witnesses on 5 April 2023, but then allowed the prosecution to submit an application for additional investigation without specifying what component of the case would be subject to further investigation. The judge overruled the objections of the defendants’ lawyers against the investigation after the conclusion of the examination of the witnesses and falsely stated that the decision was made with the consent of both parties. The Criminal Investigation Department (CID) was assigned to conduct “further investigation” after the announcement of the conclusion of the examination of the witnesses without valid reason. The additional investigation report of the CID was submitted to the Metropolitan Magistrate Court on June 22, and Adilur Rahman Khan and ASM Nasiruddin Elan appeared in court on July 9, and then on July 17, in a hearing to examine the new witnesses identified in the CID’s additional investigation report – of which they only received a copy on July 16. New prosecution witnesses were therefore presented in court on July 17 and 20, without providing enough time for the defence to prepare for cross-examination. This violates the Article 14 of the International Covenant on Civil and Political Rights (ICCPR), which Bangladesh has ratified, along with internationally recognised fair trial standards, and in particular, the right to adequate time and facilities to prepare one’s defence. The Observatory reiterates its deepest concern about the Bangladeshi authorities’ systematic crackdown on human rights defenders who speak out against rampant human rights violations in the country, as well as the numerous violations of international law during this trial. The Observatory urges the authorities to immediately and unconditionally drop all charges against Adilur Rahman Khan and ASM Nasiruddin Elan and to put an end to all acts of harassment, including at the judicial level, against them.]]> Sri Lanka: Joint statement on the ongoing trial of lawyer and human rights defender Hejaaz Hizbullah https://observatoryfordefenders.org/alert/sri-lanka-joint-statement-on-the-ongoing-trial-of-lawyer-and-human-rights-defender-hejaaz-hizbullah/ Mon, 19 Jun 2023 19:45:49 +0000 https://observatoryfordefenders.org/?post_type=alert&p=20953 Lawyers for Lawyers, the Bar Human Rights Committee, the International Bar Association's Human Rights Committee (IBAHRI), International Commission of Jurists, the Law Society of England and Wales, and Lawyers' Rights Watch Canada, the International Federation for Human Rights (FIDH), and the World Organisation Against Torture (OMCT) are concerned about the ongoing violations of fair trial rights in the ongoing trial of Sri Lankan lawyer and human rights defender Hejaaz Hizbullah. Key witnesses have been subject to threat, coercion, intimidation and arrest. Lawyer and defender of the Muslim community in Sri Lanka Hejaaz Hizbullah, detained for almost two years, is still the object of judicial harassment and it has been reported that several trial violation, including witness intimidation and coercion. He is due to appear in court on July 14, 2023 for his next trial. Civil society organisations and lawyers support’s association, including FIDH and the World Organisation Against Torture (OMCT) within the framework of the Observatory for the Protection of Human Rights Defenders express their concern We have strong reasons to believe Mr Hizbullah is being persecuted for his work to defend the rights of persons from the Muslim community in Sri Lanka in his capacity as a lawyer and human rights defender. Mr Hizbullah’s next trial date is scheduled for 14 July 2023, but given recent reports of witness intimidation and coercion, we have grave concerns that he will be denied a fair trial. Mr Hizbullah is a lawyer and human rights defender known for advocating for the members of the minority Muslim Community in Sri Lanka. He has advised and represented victims of discrimination, particularly in the form of hate speech and hate-based violence in Sri Lanka since 2012. On 14 April 2020, Mr. Hizbullah was arrested by the Criminal Investigation Department (CID) under the Prevention of Terrorism Act (PTA) of 1978. No reasons for his arrest were provided to him and his family at the time of his arrest. During the first eight months of this pre-trial detention, he was denied access to a lawyer. It was almost a year after his arrest on 3 March 2021 that Mr. Hizbullah was officially charged with “inciting communal disharmony” under the PTA, for “advocating national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence” under the International Covenant of Civil and Political Rights Act of 2007 and for conspiracy and abetment charges under the Penal Code. These charges all relate to a speech that Mr Hizbullah was alleged to have made at the Al-Zuhriya Arabic College in August 2018. Mr Hizbullah denies having made the speech and evidence is available for his whereabouts at the time of the alleged speech. Mr. Hizbullah was detained for almost two years following arrest. He was initially refused bail at a court hearing on 28 January 2022, even though the Attorney-General did not object to his release, because the Puttalam High Court claimed to not have jurisdiction over bail decisions under the PTA It was only on 7 February 2022 that Mr Hizbullah was able to successfully challenge his refusal of bail, but his charges remain, and he is due to appear in court again on 14 July 2023. The prolonged detention without charge or access to lawyers constitute a violation of rights under article 9 the International Covenant on Civil and Political Rights, to which Sri Lanka is a party. We are deeply concerned to hear reliable reports of witness intimidation and coercion in Mr Hizbullah’s case. Four children aged between 11 and 14 complained to the Supreme Court that they were subject to extreme pressure through threats by CID agents to give incriminating evidence against Mr Hizbullah. An administrator supporting the work of the Arabic College who was arrested after Mr Hizbullah was arrested was allegedly threatened with long term detention if he did not incriminate Mr Hizbullah of having engaged in hate speech and terrorism. The administrator was later also arrested by the CID on 3 May 2020, given bail in 2022, but only discharged on 7 June 2023. The principal of the college was also arrested in 2020, and consequently given bail in 2021, but the criminal charges against him have not been dropped. Two teachers at the Arabic College who were arrested in 2021 have complained that they were pressured to implicate Mr Hizbullah in exchange for early release from executive detention. The two teachers were granted bail in 2022, but to date also still have criminal charges filed against them. On 18 May 2023, four more people connected to the Arabic College who are potential defence witnesses for Mr Hizbullah were also arrested under the PTA by the CID, acting on advice of the Attorney-General. We understand that the synopsis of evidence was only produced against them when they were produced before the Court on 31 May 2023. Two of these witnesses were subsequently released on 7 June 2023, but two, both teachers at the Arabic College, were retained and criminally charged under the ICCPR Act of 2007.i We are concerned that these arrests are designed to deprive Mr Hizbullah of credible witnesses to challenge the case of the prosecution. All key defence witnesses have now been subjected to arbitrary arrests and detention under the PTA and/or ICCPR Act of 2007 in the past years. Several still face criminal charges. Mr Hizbullah is the first lawyer to be prosecuted and be subject to prolonged pre-trial detention under the PTA. The PTA has faced severe international criticism for undermining the right to a fair trial and the freedom of expression, and for suppressing political dissent. The European Parliament and several Special Rapporteurs of the United Nations have urged Sri Lanka to reform the PTA due to its failure to comply with international human rights obligations. The Sri Lankan Government has continuously pledged to reform the PTA but has failed to implement meaningful amendments.iv Given the nature of the charges against Mr Hizbullah, his prolonged pre-trial detention, intimidation to key witnesses, the undersigned organisations have strong reasons to believe that he is subject to politically-motivated criminal proceedings on spurious grounds and his fair trial rights are severely undermined. We are concerned that the charges brought against Mr Hizbullah are aimed at curbing his legitimate activities as a lawyer and a human rights defender, and an attempt to suppress freedom of expression, including political dissent in Sri Lanka. The United Nations Basic Principles on the Role of Lawyersv, in particular to Article 16, which states that: Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (...) and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics. In view of the above, we urge the government of Sri Lanka to:
  • Ensure that Mr Hizbullah is afforded all the elements of a fair trial under international law;
  • End all acts of harassment against Mr Hizbullah;
  • Immediately stop the arbitrary arrest, threath of arrest, coercion and other intimidation of witnesses in his case;
  • Immediately release the remaining two potential defence witnesses who were arrested on 18 May;
  • Reform the PTA and bring it in line with Sri Lanka’s international human rights obligations;
  • Ensure that all lawyers and human rights defenders in Sri Lanka are able to carry out their legitimate professional activities without fear of reprisals and free of undue interference.
]]> Lawyers for Lawyers, the Bar Human Rights Committee, the International Bar Association's Human Rights Committee (IBAHRI), International Commission of Jurists, the Law Society of England and Wales, and Lawyers' Rights Watch Canada, the International Federation for Human Rights (FIDH), and the World Organisation Against Torture (OMCT) are concerned about the ongoing violations of fair trial rights in the ongoing trial of Sri Lankan lawyer and human rights defender Hejaaz Hizbullah. Key witnesses have been subject to threat, coercion, intimidation and arrest. Lawyer and defender of the Muslim community in Sri Lanka Hejaaz Hizbullah, detained for almost two years, is still the object of judicial harassment and it has been reported that several trial violation, including witness intimidation and coercion. He is due to appear in court on July 14, 2023 for his next trial. Civil society organisations and lawyers support’s association, including FIDH and the World Organisation Against Torture (OMCT) within the framework of the Observatory for the Protection of Human Rights Defenders express their concern We have strong reasons to believe Mr Hizbullah is being persecuted for his work to defend the rights of persons from the Muslim community in Sri Lanka in his capacity as a lawyer and human rights defender. Mr Hizbullah’s next trial date is scheduled for 14 July 2023, but given recent reports of witness intimidation and coercion, we have grave concerns that he will be denied a fair trial. Mr Hizbullah is a lawyer and human rights defender known for advocating for the members of the minority Muslim Community in Sri Lanka. He has advised and represented victims of discrimination, particularly in the form of hate speech and hate-based violence in Sri Lanka since 2012. On 14 April 2020, Mr. Hizbullah was arrested by the Criminal Investigation Department (CID) under the Prevention of Terrorism Act (PTA) of 1978. No reasons for his arrest were provided to him and his family at the time of his arrest. During the first eight months of this pre-trial detention, he was denied access to a lawyer. It was almost a year after his arrest on 3 March 2021 that Mr. Hizbullah was officially charged with “inciting communal disharmony” under the PTA, for “advocating national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence” under the International Covenant of Civil and Political Rights Act of 2007 and for conspiracy and abetment charges under the Penal Code. These charges all relate to a speech that Mr Hizbullah was alleged to have made at the Al-Zuhriya Arabic College in August 2018. Mr Hizbullah denies having made the speech and evidence is available for his whereabouts at the time of the alleged speech. Mr. Hizbullah was detained for almost two years following arrest. He was initially refused bail at a court hearing on 28 January 2022, even though the Attorney-General did not object to his release, because the Puttalam High Court claimed to not have jurisdiction over bail decisions under the PTA It was only on 7 February 2022 that Mr Hizbullah was able to successfully challenge his refusal of bail, but his charges remain, and he is due to appear in court again on 14 July 2023. The prolonged detention without charge or access to lawyers constitute a violation of rights under article 9 the International Covenant on Civil and Political Rights, to which Sri Lanka is a party. We are deeply concerned to hear reliable reports of witness intimidation and coercion in Mr Hizbullah’s case. Four children aged between 11 and 14 complained to the Supreme Court that they were subject to extreme pressure through threats by CID agents to give incriminating evidence against Mr Hizbullah. An administrator supporting the work of the Arabic College who was arrested after Mr Hizbullah was arrested was allegedly threatened with long term detention if he did not incriminate Mr Hizbullah of having engaged in hate speech and terrorism. The administrator was later also arrested by the CID on 3 May 2020, given bail in 2022, but only discharged on 7 June 2023. The principal of the college was also arrested in 2020, and consequently given bail in 2021, but the criminal charges against him have not been dropped. Two teachers at the Arabic College who were arrested in 2021 have complained that they were pressured to implicate Mr Hizbullah in exchange for early release from executive detention. The two teachers were granted bail in 2022, but to date also still have criminal charges filed against them. On 18 May 2023, four more people connected to the Arabic College who are potential defence witnesses for Mr Hizbullah were also arrested under the PTA by the CID, acting on advice of the Attorney-General. We understand that the synopsis of evidence was only produced against them when they were produced before the Court on 31 May 2023. Two of these witnesses were subsequently released on 7 June 2023, but two, both teachers at the Arabic College, were retained and criminally charged under the ICCPR Act of 2007.i We are concerned that these arrests are designed to deprive Mr Hizbullah of credible witnesses to challenge the case of the prosecution. All key defence witnesses have now been subjected to arbitrary arrests and detention under the PTA and/or ICCPR Act of 2007 in the past years. Several still face criminal charges. Mr Hizbullah is the first lawyer to be prosecuted and be subject to prolonged pre-trial detention under the PTA. The PTA has faced severe international criticism for undermining the right to a fair trial and the freedom of expression, and for suppressing political dissent. The European Parliament and several Special Rapporteurs of the United Nations have urged Sri Lanka to reform the PTA due to its failure to comply with international human rights obligations. The Sri Lankan Government has continuously pledged to reform the PTA but has failed to implement meaningful amendments.iv Given the nature of the charges against Mr Hizbullah, his prolonged pre-trial detention, intimidation to key witnesses, the undersigned organisations have strong reasons to believe that he is subject to politically-motivated criminal proceedings on spurious grounds and his fair trial rights are severely undermined. We are concerned that the charges brought against Mr Hizbullah are aimed at curbing his legitimate activities as a lawyer and a human rights defender, and an attempt to suppress freedom of expression, including political dissent in Sri Lanka. The United Nations Basic Principles on the Role of Lawyersv, in particular to Article 16, which states that: Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (...) and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics. In view of the above, we urge the government of Sri Lanka to:
  • Ensure that Mr Hizbullah is afforded all the elements of a fair trial under international law;
  • End all acts of harassment against Mr Hizbullah;
  • Immediately stop the arbitrary arrest, threath of arrest, coercion and other intimidation of witnesses in his case;
  • Immediately release the remaining two potential defence witnesses who were arrested on 18 May;
  • Reform the PTA and bring it in line with Sri Lanka’s international human rights obligations;
  • Ensure that all lawyers and human rights defenders in Sri Lanka are able to carry out their legitimate professional activities without fear of reprisals and free of undue interference.
]]> Russia: Upcoming trial against HRDC Memorial co-chair Oleg Orlov https://observatoryfordefenders.org/alert/russia-upcoming-trial-against-hrdc-memorial-co-chair-oleg-orlov/ Wed, 07 Jun 2023 09:41:24 +0000 https://observatoryfordefenders.org/?post_type=alert&p=20508 Tomorrow, a trial against Oleg Orlov will commence in the Koptevskiy District Court in Moscow. The co-chair of Memorial Human Rights Defence Center (Memorial HRDC), a member organisation of FIDH, faces criminal charges and risks three years of imprisonment for his opposition to the war in Ukraine. FIDH and OMCT, within the framework of the Observatory for the Protection for Human Rights Defenders, urge the authorities to dismiss all charges against him. Paris, Geneva, 7 June 2023. When Oleg Orlov titled his article “They wanted fascism, they got it,” he likely foresaw the consequences but stood unwavering. In an online article published on the French-based blogging platform Le Club de Mediapart in 2022, he wrote vehemently – in his capacity as co-chair of HRDC Memorial – about Russia’s totalitarian spiral. For him, the war in Ukraine was more than mass killings and destruction, it epitomised his country’s final descent into fascism. He is now prosecuted on the charge of “public actions aimed at discrediting the use of armed forces of the Russian Federation” (Article 280.3(1) of the Criminal Code of the Russian Federation). His trial will open tomorrow, on June 8, 2023, at the Koptevskiy District Court in Moscow. “Oleg Orlov’s sharp analysis of his country’s political situation does not warrant criminal charges. The authorities only validate his conclusions regarding the rise of fascism in Russia by putting him on trial for a mere blogpost. Freedom of expression is a fundamental right, and we will continue to fight for it,” stated Anastasia Garina, Executive Director of Memorial. Oleg Orlov is a prominent advocate for human rights in Russia. He was awarded the European Parliament Sakharov Prize for Freedom of Expression in 2009, and the 2012 Moscow Helsinki Group Award for his “historic contribution to the defence of human rights and the human rights movement”. For decades, and with his organisation HRDC Memorial, Oleg Orlov has monitored and denounced violations of human rights and humanitarian law in armed conflicts involving the Russian armed forces. These efforts were largely ignoredgiving free rein tothe Russian authorities, and perpetuating the culture of impunity in the country. The very same culture has led to the current increasingly violent repression in Russia and, ultimately, to war in Ukraine. Because of Oleg Orlov and Memorial HRDC’s activism, they have been continuously targeted by the Russian authorities, enduring numerous acts of harassment and obstacles to their work, including fines, physical attacks, and searches on their premises across the country. “The ongoing judicial harassment of Oleg Orlov serves as further evidence of the Russian authorities' relentless persecution of HRDC Memorial, even after its arbitrary liquidation in December 2021. We unequivocally condemn these actions and call for all charges against him to be immediately dropped,” said Gerald Staberock, OMCT Secretary-General. For live updates on the opening of Oleg Orlov's trial, please follow the @OBS_defenders Twitter account on Thursday, June 8, 2023.   Press contacts: ]]> Tomorrow, a trial against Oleg Orlov will commence in the Koptevskiy District Court in Moscow. The co-chair of Memorial Human Rights Defence Center (Memorial HRDC), a member organisation of FIDH, faces criminal charges and risks three years of imprisonment for his opposition to the war in Ukraine. FIDH and OMCT, within the framework of the Observatory for the Protection for Human Rights Defenders, urge the authorities to dismiss all charges against him. Paris, Geneva, 7 June 2023. When Oleg Orlov titled his article “They wanted fascism, they got it,” he likely foresaw the consequences but stood unwavering. In an online article published on the French-based blogging platform Le Club de Mediapart in 2022, he wrote vehemently – in his capacity as co-chair of HRDC Memorial – about Russia’s totalitarian spiral. For him, the war in Ukraine was more than mass killings and destruction, it epitomised his country’s final descent into fascism. He is now prosecuted on the charge of “public actions aimed at discrediting the use of armed forces of the Russian Federation” (Article 280.3(1) of the Criminal Code of the Russian Federation). His trial will open tomorrow, on June 8, 2023, at the Koptevskiy District Court in Moscow. “Oleg Orlov’s sharp analysis of his country’s political situation does not warrant criminal charges. The authorities only validate his conclusions regarding the rise of fascism in Russia by putting him on trial for a mere blogpost. Freedom of expression is a fundamental right, and we will continue to fight for it,” stated Anastasia Garina, Executive Director of Memorial. Oleg Orlov is a prominent advocate for human rights in Russia. He was awarded the European Parliament Sakharov Prize for Freedom of Expression in 2009, and the 2012 Moscow Helsinki Group Award for his “historic contribution to the defence of human rights and the human rights movement”. For decades, and with his organisation HRDC Memorial, Oleg Orlov has monitored and denounced violations of human rights and humanitarian law in armed conflicts involving the Russian armed forces. These efforts were largely ignoredgiving free rein tothe Russian authorities, and perpetuating the culture of impunity in the country. The very same culture has led to the current increasingly violent repression in Russia and, ultimately, to war in Ukraine. Because of Oleg Orlov and Memorial HRDC’s activism, they have been continuously targeted by the Russian authorities, enduring numerous acts of harassment and obstacles to their work, including fines, physical attacks, and searches on their premises across the country. “The ongoing judicial harassment of Oleg Orlov serves as further evidence of the Russian authorities' relentless persecution of HRDC Memorial, even after its arbitrary liquidation in December 2021. We unequivocally condemn these actions and call for all charges against him to be immediately dropped,” said Gerald Staberock, OMCT Secretary-General. For live updates on the opening of Oleg Orlov's trial, please follow the @OBS_defenders Twitter account on Thursday, June 8, 2023.   Press contacts: ]]> Belarus: Imminent verdict in the trial against Viasna’s leaders https://observatoryfordefenders.org/alert/belarus-imminent-verdict-in-the-trial-against-viasnas-leaders/ Thu, 02 Mar 2023 15:45:57 +0000 https://observatoryfordefenders.org/?post_type=alert&p=20916 Paris-Geneva, March 2, 2023 – Tomorrow, the Leninsky District Court in Minsk isexpected to hand down its verdict in the case of Viasna leaders Ales Bialiatski,Valiantsin Stefanovich and Uladzimir Labkovich. On the eve of the verdict, thesignatory organisations reiterate their calls to release the human rights defenders anddrop all charges against them On March 3, 2023, the Leninsky District Court in Minsk will rule on the politically motivated case against the head of Viasna and Nobel Peace Prize laureate Ales Bialiatski, his deputy and FIDH Vice-President Valiantsin Stefanovich, and Viasna’s lawyer Uladzimir Labkovich. After over a month of unfair trial and more than a year and a half of arbitrary detention, hope for justice is slim. On February 9, 2023, Prosecutor Aliaksandr Karol requested the court to sentence Ales Bialiatski to 12 years’ imprisonment, Valiantsin Stefanovich to 11 years and Uladzimir Labkovich to 9 years. Zmitser Salauyou, another Viasna’s member and defendant in this case, who is tried in absentia, faces 10 years’ imprisonment. The prosecutor further demanded a fine of 185,000 Belarusian rubles (approximately 68,000 Euros) to be imposed on each of the defendants. Lawless authorities have played a parody of justice against human rights defenders “The position of the Prosecutor's Office in the case of our friends and colleagues is the epitome of lawlessness by the Belarusian authorities. Draconian prison terms and fines, even by the abysmal standards of the profoundly compromised Belarusian judiciary, is an ordeal for the defendants and their families” said Pavel Sapelka, acting member of the Viasna board. “These shameful repressive practices against human rights defenders require decisive actions by key international actors” he added. Bialiatski, Stefanovich and Labkovich have been arbitrarily detained since July 14, 2021, as part of a broader crackdown on Belarusian civil society following the highly contested August 2020 presidential elections. They were initially detained and held for 14 months on bogus charges of "tax evasion” (Part 2 of Art. 243 of the Belarus Criminal Code), but they are now on trial on trumped-up charges of “smuggling” (Article 228.4 of the same Code) and “financing of group actions grossly violating public order” (Article 342.2 of the same Code). These new charges were only filed against them in September 2022, leaving little time for the defendants and their lawyers to prepare a new defence strategy. Over 10 years in jail are expected in retribution for rightful human right work by the defendants Bialiatski, Stefanovich and Labkovich are prosecuted in reprisal for carrying out legitimate human rights work. Prosecution deemed illegal such activities as: assisting arbitrarily detained participants in peaceful protests, paying lawyers’ fees, organising independent election monitoring, and continuing Viasna’s activities after its formal liquidation. The trial of Bialiatski, Stefanovich and Labkovich, as well as the preceding investigation period, were marred with multiple violations of human rights and fair trial standards: in the courtroom, the three defendants were handcuffed and held in a cage; the case materials and the hearings were in Russian, while the first language of the defendants in which they communicate is Belarusian; the defendants were not given sufficient time to familiarise themselves with all the case file; and no independent media or independent observers were allowed into the courtroom, to name just a few. The signatory organisations strongly condemn once again the criminal prosecution of Ales Bialiatski, Valiantsin Stefanovic and Uladzimir Labkovich and reiterate their call to the Belarusian authorities to release them immediately and unconditionally, to drop all charges against them, and to end the judicial harassment against all human rights defenders in the country. Press contacts : ]]> Paris-Geneva, March 2, 2023 – Tomorrow, the Leninsky District Court in Minsk isexpected to hand down its verdict in the case of Viasna leaders Ales Bialiatski,Valiantsin Stefanovich and Uladzimir Labkovich. On the eve of the verdict, thesignatory organisations reiterate their calls to release the human rights defenders anddrop all charges against them On March 3, 2023, the Leninsky District Court in Minsk will rule on the politically motivated case against the head of Viasna and Nobel Peace Prize laureate Ales Bialiatski, his deputy and FIDH Vice-President Valiantsin Stefanovich, and Viasna’s lawyer Uladzimir Labkovich. After over a month of unfair trial and more than a year and a half of arbitrary detention, hope for justice is slim. On February 9, 2023, Prosecutor Aliaksandr Karol requested the court to sentence Ales Bialiatski to 12 years’ imprisonment, Valiantsin Stefanovich to 11 years and Uladzimir Labkovich to 9 years. Zmitser Salauyou, another Viasna’s member and defendant in this case, who is tried in absentia, faces 10 years’ imprisonment. The prosecutor further demanded a fine of 185,000 Belarusian rubles (approximately 68,000 Euros) to be imposed on each of the defendants. Lawless authorities have played a parody of justice against human rights defenders “The position of the Prosecutor's Office in the case of our friends and colleagues is the epitome of lawlessness by the Belarusian authorities. Draconian prison terms and fines, even by the abysmal standards of the profoundly compromised Belarusian judiciary, is an ordeal for the defendants and their families” said Pavel Sapelka, acting member of the Viasna board. “These shameful repressive practices against human rights defenders require decisive actions by key international actors” he added. Bialiatski, Stefanovich and Labkovich have been arbitrarily detained since July 14, 2021, as part of a broader crackdown on Belarusian civil society following the highly contested August 2020 presidential elections. They were initially detained and held for 14 months on bogus charges of "tax evasion” (Part 2 of Art. 243 of the Belarus Criminal Code), but they are now on trial on trumped-up charges of “smuggling” (Article 228.4 of the same Code) and “financing of group actions grossly violating public order” (Article 342.2 of the same Code). These new charges were only filed against them in September 2022, leaving little time for the defendants and their lawyers to prepare a new defence strategy. Over 10 years in jail are expected in retribution for rightful human right work by the defendants Bialiatski, Stefanovich and Labkovich are prosecuted in reprisal for carrying out legitimate human rights work. Prosecution deemed illegal such activities as: assisting arbitrarily detained participants in peaceful protests, paying lawyers’ fees, organising independent election monitoring, and continuing Viasna’s activities after its formal liquidation. The trial of Bialiatski, Stefanovich and Labkovich, as well as the preceding investigation period, were marred with multiple violations of human rights and fair trial standards: in the courtroom, the three defendants were handcuffed and held in a cage; the case materials and the hearings were in Russian, while the first language of the defendants in which they communicate is Belarusian; the defendants were not given sufficient time to familiarise themselves with all the case file; and no independent media or independent observers were allowed into the courtroom, to name just a few. The signatory organisations strongly condemn once again the criminal prosecution of Ales Bialiatski, Valiantsin Stefanovic and Uladzimir Labkovich and reiterate their call to the Belarusian authorities to release them immediately and unconditionally, to drop all charges against them, and to end the judicial harassment against all human rights defenders in the country. Press contacts : ]]>