UN Statement: Abuse of counter-terrorism measures against human rights defenders; no role for Egypt on UN expert mandate

UN Statement: Abuse of counter-terrorism measures against human rights defenders; no role for Egypt on UN expert mandate

The ICJ today delivered a joint oral statement to the UN Human Rights Council, addressing the abuse of counter-terrorism measures to repress human rights defenders and other civil society actors, and highlighting deep concerns about possible moves to allow Egypt a significant role over the UN’s independent expert on human rights and counter-terrorism.

The statement was delivered in an interactive dialogue with the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism. The ICJ made the statement jointly on behalf of Amnesty International, Article 19, Cairo Institute for Human Rights Studies, CIVICUS, Human Rights Watch, International Federation for Human Rights (FIDH), International Service for Human Rights (ISHR), and Privacy International.

The organisations had earlier sent a joint letter to all States’ delegations to the Council in Geneva, highlighting Egypts appalling record of abuse of counter-terrorism measures, and urging States to strongly oppose any attempts to weaken the mandate of the Special Rapporteur, whether by diluting or distorting it by importing the flawed Egyptian-led approach into the Mexican-led resolution for its renewal, or any moves by longstanding leader Mexico to share co-leadership of the mandate renewal resolution with Egypt or other States with such an appalling record in relation to the very issues the mandate is to address.

The joint oral statement to the Council read as follows (check against delivery):

“Madame Special Rapporteur,

Our organizations welcome your report on the impacts of counter-terrorism and counter-extremism measures against civil society and human rights defenders (A/HRC/40/52).

We strongly concur with your findings regarding the deliberate and targeted abuse of overly broad and vague definitions of terrorism and violent extremism to criminalize and otherwise suppress human rights defenders and other civil society actors. We also appreciate your highlighting the need to prevent indirect impacts on civil society.

Among those States with a particularly appalling record of deliberate and targeted abuse, Egypt, which is mentioned in your report (paras 53 and 56), is a prominent example. As Human Rights Watch recently stated: “Using counterterrorism as a guise to crush all forms of dissent could be Egypt’s hallmark of 2018… There’s simply not much room left to peacefully challenge the government without being detained and unfairly prosecuted as a ‘terrorist’.”[1] Other examples from the reports before the Council include Turkey (para 53), Saudi Arabia (A/HRC/40/52/Add.2 paras 21-29), and China particularly as regards Uyghurs and Kazakhs (paras 55 and 57).

We share your concern about the elements lost from the previous Human Rights Council and General Assembly resolutions on “protection of human rights and fundamental freedoms while countering terrorism” in their March 2018 merger with the deeply flawed Egyptian-led initiative on “effects of terrorism” (para 29). We reiterate our call from March 2018 for future versions of the resolution to address the relevant issues exclusively and comprehensively from the perspective of the effective protection of human rights.[2] We strongly oppose any attempts to dilute your mandate, including by importing the flawed Egyptian-led approach into the resolution for its renewal, or any sharing of co-leadership of the mandate renewal resolution with States that have such an appalling record in relation to the very issues the mandate is to address.

Madame Rapporteur, beyond the particular cases mentioned in your report (para 53), what are your views on the broader situation within Egypt in terms of abuse of counter-terrorism measures and what can States, the United Nations, civil society, and other stakeholders do to stop such abuses in the name of counter-terrorism in Egypt and other egregious situations?

Thank you.

[1] https://www.hrw.org/news/2019/01/17/egypt-new-moves-crush-dissent (17 January 2019). See also among others: Human Rights Watch World Report 2019, https://www.hrw.org/world-report/2019/country-chapters/egypt; EuroMed Rights, Egypt – Finding Scapegoats: Crackdown on Human Rights Defenders and Freedoms in the Name of Counter-terrorism and Security (Feb 2018) https://euromedrights.org/wp-content/uploads/2018/03/EuroMed-Rights-Report-on-Counter-terrorism-and-Human-Rights.pdf; Joint NGO Statement, Egypt: Civil society faces existential threat (23 June 2016) https://www.icj.org/wp-content/uploads/2016/06/Egypt-Advocacy-JointNGOStatement-2016.pdf.

[2] Joint NGO end-of-session statement (23 March 2018) https://www.icj.org/hrc37-endofsession/.”

The statement can be downloaded in PDF format here: HRC40-JointOralStatement-SRCTHR-2019-EN

For more information email un(a)icj.org.

Information on Khashoggi case from Turkish President Erdogan highlights need for international investigation

Information on Khashoggi case from Turkish President Erdogan highlights need for international investigation

In light of new information released by Turkish President Recep Tayyip Erdogan about the apparent murder of prominent Saudi journalist Jamal Khashoggi, the Turkish government should seek cooperation from independent and impartial international investigators into the apparent extrajudicial killing of prominent Saudi journalist Jamal Khashoggi in the Saudi Arabian Consulate in Istanbul, the ICJ urged today.

Turkish President Recep Tayyib Erdogan today told the Turkish Parliament that investigations suggested that Saudi officials had planned to kill Khashoggi and he called for all those responsible for the killing to be punished regardless of rank.

“Given the highly political nature of this case and its emblematic impact for journalists and dissidents around the world, Turkey should work with the United Nations to establish a special independent mechanism to carry out the investigation with a view to identifying the perpetrators and prescribing recommendations for appropriate accountability measures,” said Said Benarbia, ICJ’s MENA Programme Director.

“Alternatively, the investigation should be conducted by competent Turkish authorities, given that Turkey already has jurisdiction and an obligation to carry out an investigation,” he added.

Investigations by Turkey to date suggest that the crime was planned, at least in part, in Saudi Arabia, and that perpetrators, evidence and witnesses are located in at least two countries.

Turkish Foreign Minister, Mevlut Cavusoglu, stated today that Turkey is ready to cooperate with an international investigation into Jamal Khashoggi’s death.

“Given the gravity of the crime and the fact that evidence and perpetrators are located outside Turkey, Saudi Arabia and other States should cooperate with an international investigation and waive any diplomatic protections and immunities that may apply to State officials and premises. They should also hand over all forensic, video, audio and other evidence, facilitate investigators’ access to State territory and witnesses, including State officials, and provide the necessary support to locate, retrieve and identify other evidence such as human remains and trace evidence and to carry out an autopsy on Khashoggi’s remains,” Benarbia said.

The ICJ dismissed statements by Saudi Arabia that it would carry out an independent, impartial investigation of the apparent murder.

On 20 October 2018, after initially denying any involvement in Jamal Khashoggi’s enforced disappearance, the Saudi Ministry of Foreign Affairs issued a statement claiming Khashoggi died when a “fight broke out” in discussions with Saudi officials at the consulate.

“Saudi Arabia has provided no evidence to support its incredible claim two weeks on that Jamal Khashoggi died after a fight broke out. Their investigation into his death lacks transparency and independence. Given Saudi Arabia’s past record in countenancing complete impunity for officials involved in serious human rights violations, it is reasonable to expect that this investigation and will result in a cover-up in which those most responsible avoid accountability,” Benarbia added.

Saudi Arabia’s repeated denials that it had any knowledge of the fate of Khashoggi, followed by its claims that “rogue” State operatives were responsible for his death, indicate that any Turkish investigation will be unlikely to elicit any meaningful cooperation from Saudi authorities.

“The denials, obfuscation and scapegoating by Saudi Arabia reveals a contempt for human rights that’s indicative of its modus operandi,” Benarbia said.

“Saudi authorities have repeatedly failed to carry out independent and impartial investigations into allegations that State officials have engaged in widespread arbitrary arrested and detention, torture and other ill-treatment and enforced disappearances, including of journalists, human rights defenders and critics of the government. Since Crown Prince Mohammad bin Salman was appointed in June 2017, repression of the exercise of human rights for political reasons has increased. Those convicted for exercising their lawful rights to freedom of expression, assembly and association face lengthy prison terms or the death penalty, after trials marred by fair trial rights violations,” he added.

Saudi Arabia-Khashoggi intl investigation-News-press releases-2018-ENG (full story with additional background, in PDF)

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