Martin Ennals Award Finalists 2021 shine a light on abuses in authoritarian states

Martin Ennals Award Finalists 2021 shine a light on abuses in authoritarian states

Soltan Achilova, Loujain AlHathloul and Yu Wensheng, three outstanding human rights defenders based in authoritarian states are nominated for the 2021 Martin Ennals Award for Human Rights Defenders. The ICJ is member of the MEA Jury.

In isolated Turkmenistan, Soltan Achilova documents human rights violations and abuses through photojournalism.

Imprisoned in Saudi Arabia, Loujain AlHathloul is a leading advocate for gender equality and women’s rights.

A lawyer, Yu Wensheng defended human rights cases and activists before his conviction and imprisonment in China.

The Finalists distinguish themselves by their bravery and deep commitment to the issues they defend, despite the many attempts to silence them by respective governmental authorities.

Every year thousands of human rights defenders are persecuted, harassed, imprisoned, even killed. The Martin Ennals Foundation is honored to celebrate the 2021 Finalists, who have done so much for others and whose stories of adversity are emblematic of the precarity faced by the human rights movement today,said Isabel de Sola, Director of the Martin Ennals Foundation.

“Authoritarian states tend to believe that by jailing or censoring human rights defenders, the world will forget about them. During the COVID-pandemic, it seemed like lockdowns would successfully keep people from speaking out. This year’s Finalists are a testament to the fact that nothing could be further from the truth,” added Hans Thoolen, Chair of the Jury.

Nothing can stop us from celebrating human rights defenders

Each year, the Martin Ennals Award honors human rights defenders from around the world who distinguish themselves by their strong commitment to promoting our fundamental rights – often at the risk of their own lives.

The 2021 Martin Ennals Award Ceremony will celebrate their courage on 11 February during an online ceremony hosted jointly with the City of Geneva which, as part of its commitment to human rights, has for many years supported the Award.

The 2021 Finalists

In Turkmenistan, one of the world’s most isolated countries, freedom of speech is inexistant and independent journalists work at their own peril. Soltan Achilova (71), a photojournalist, documents the human rights abuses and social issues affecting Turkmen people in their daily lives. Despite the repressive environment and personal hardships, she is one of the very few reporters in the country daring to sign independent

In Saudi Arabia, women still face several forms of gender discrimination, so much so, that the Kingdom ranks in the bottom 10 places according to the World Economic Forum’s Global Gender Gap Report 2020. Loujain AlHathloul (31) was one of the leading figures of the Women to drive movement and advocated for the end of the male guardianship system. She was imprisoned in 2018 on charges related to national security together with several other women activists. Tortured, denied medical care, and subjected to solitary confinement, Loujain was sentenced to 5 years and 8 months in prison on 28 December 2020.

In China, more than 300 human rights activists and lawyers disappeared or were arrested in 2015 during the so called 709 Crackdown. A successful business lawyer, Yu Wensheng (54) gave up his career to defend one of these detained lawyers, before being arrested himself. Detained for almost three years now, Yu Wensheng’s right hand was crushed in jail and his health is failing.

Contact

Olivier van Bogaert, Director Media & Communications, ICJ representative in the MEA Jury, t: +41 22 979 38 08 ; e: olivier.vanbogaert(a)icj.org

Chloé Bitton, Communications Manager, Martin Ennals Foundation, t +41 22 809 49 25 e: cbitton(a)martinennalsaward.org

MEA Finalists Bios-2020-ENG (full bios of finalists, in PDF)

MEA Finalists Bios-2020-ARA (full story and bios of finalists in Arabic, PDF)

Turkmenistan: Authorities must respect the rights of detained lawyer Pyagemberdy Allaberdyvev

Turkmenistan: Authorities must respect the rights of detained lawyer Pyagemberdy Allaberdyvev

Today, the ICJ called on Turkmenistan to comply with its international legal obligations to release detained lawyer Pygamberdy Allaberdyev, who is alleged to be arbitrarily detained, or to charge him with a cognizable crime consistent with international human rights law.

Allaberdyev, who has been denied access to his lawyer, should be provided access to the lawyer hired by his family and should have access to family members. He should be sufficiently informed about any charges against him which justify his arrest and should be provided with medication, food and other necessities which may be necessary to protect his right to life and health.

According to the Russian-based Memorial Human Rights Centre, on 5 September at about 7 pm, Pybamberdy Allaberdyev and another person were leaving a grocery store, when an unknown young man unexpectedly approached began a verbal skirmish, then grabbed Allaberdiev by the collar. Almost immediately, police officers appeared and the attacker pointed to the lawyer as the instigator of the conflict, after which he left. This conflict is believed to be staged as a justification to detain the lawyer.

Allaberdiev was taken to the police station, where the attacker came with a bandaged hand 20 minutes later. Soon after, Ministry of National Security officers from Ashgabat came to the police station, and accused Allaberdiyev of having links with activists of the Turkmenistan protest movement based abroad. He was interrogated without a lawyer and his house was searched. Family members have sought to provide him with needed medicine and food, but were said to have been prevented by the authorities from doing so.

On 8 September, the Prosecutor’s Office issued an arrest warrant against Allaberdyev. He is charged with crimes under Article 108 (intentional harm to health of moderate severity) and 279 (hooliganism) of the Criminal Code of Turkmenistan. Allberdyev never appeared before the court, as it is the Prosecutor’s Office which authorizes arrest warrants in Turkmenistan, a practice which is contrary to Article 9(3) of the International Covenant on Civil and Political Rights (ICCPR), to which Turkmenistan is a party.

The arrest of Pybamberdy Allaberdyev is suspected to be related to his alleged links or discussions with Turkmen activists living outside Turkmenistan who protested against upcoming constitutional amendments. The ICJ is concerned that these charges are arbitrary and in violation of his rights to freedom of association and freedom of expression, protected under the ICCPR, to which Turkmenistan is a party.

The ICJ recalls that, under the UN Basic Principles on the role of lawyers, “Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization” (Principle 23).

Under the ICCPR, Turkmenistan is also bound to respect the rights to liberty and to fair trial. Under Article 9(3) of the ICCPR, anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release.  A Prosecutor, as representative for a party to the case, cannot be such an officer.

In this connection, the ICJ stresses that the right of access to qualified legal representation is crucial for the protection of the human rights of those arrested.

Background:

The Republic of Turkmenistan acceded to the International Covenant on Civil and Political Rights in 1997.

On 19 August 2020, the Constitutional Commission for the development and consolidation of proposals in connection with the introduction of amendments and additions to the Constitution of Turkmenistan completed work on draft amendments to the Constitution. Under the draft amendments, a bicameral parliament, the National Council, would be established, with Khalk Maslakhaty (People’s Council) and the Mejlis (Assembly) being its higher and lower chambers respectively. Under the new amendments, former Presidents of Turkmenistan acquire membership in Khalk Maslakhaty for life.

On 7 September 2020, the Moscow-based Memorial Human Rights Center and the Turkmen Helsinki Foundation issued a statement about the detention of  Pygamberdy Allaberdyev, a lawyer at a State oil company, by the police.

On August 2020, a number of Turkmen activists based abroad organized protests against the constitutional amendments and the lack of response of the State to the COVID-19 pandemic in Turkmenistan.

Turkmenistan: ICJ holds a roundtable on the role of the legal profession

Turkmenistan: ICJ holds a roundtable on the role of the legal profession

Today, the ICJ holds a seminar in Turkmenistan, on “Comparative perspectives on the role of lawyers”.

The event organized in Ashgabat, with support of the EU Liaison Office in Turkmenistan, provides an important opportunity to discuss the questions of organization of an independent legal profession and the ethics of lawyers in the countries of the EU and Central Asia.

“Along with judges and prosecutors, lawyers are key participants in the administration of justice. Ensuring fair trial rights is intrinsically linked with the right to legal assistance by lawyers who are able to perform their duties independently and with full respect of profession’s ethical standards,” said Temur Shakirov, ICJ Europe Programme Legal Adviser.

“To achieve this they organize themselves through associations of lawyers,” he added.

The workshop takes a comparative approach and looks into the role of lawyers in several jurisdictions, including the organisation of the legal profession as well as the professional standards for lawyers in Germany, Switzerland, Kazakhstan and Uzbekistan.

The speakers will also discuss international standards on the role of lawyers and their ethics.

Gulnora Ishankhanova, an ICJ Commissioner, will represent the ICJ along with other experts, including senior lawyers from the ICJ network.

They will present comparative national perspectives on the role of lawyers in their respective countries, placing them in the context of global and regional standards.

Representatives of lawyers’ associations in Turkmenistan will present the experience of Turkmenistan.

Turkmenistan: the ICJ holds a seminar on judicial ethics

Turkmenistan: the ICJ holds a seminar on judicial ethics

Today, the ICJ in cooperation with the the Supreme Court of Turkmenistan holds a seminar on Comparative Approaches to Judicial Ethics.

The seminar, supported by the European Union, will be attended by judges of the Supreme Court of Turkmenistan as well as other judges.

ICJ experts, including Judge Vladimir Borissov, former judge of the Supreme Court of Kazakhstan, Judge Georg Stawa, the President of the European Commission for the Efficiency of Justice (CEPEJ), and others will present comparative perspective and international standards related to the judicial ethics, accountability and guarantees for judges.

This is the second such event the ICJ holds in Turkmenistan. The first event, organized in June 2016, was dedicated to the issue of international obligations in national courts.

Turkmenistan-Judicial ethics seminar-News-web story-2017-RUS (full story in Russian, PDF)

Turkmenistan-Seminar Ethics-Agenda-2017-ENG (agenda in English, PDF)

Turkmenistan-Seminar Ethics-Agenda-2017-RUS (agenda in Russian, PDF)

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