May 27, 2020
The ICJ, together with 24 other civil society organizations, sent a joint open letter to the Indian Government calling for the release of human rights defenders, all detained under the Unlawful Activities (Prevention) Act (UAPA).
Mr Amit Shah
Union Home Minister of India
Ministry of Home Affairs
Government of India
Re: Release human rights defenders at risk in the context of COVID-19
Dear Home Minister,
We, the undersigned organizations, write with great concern regarding the situation of student activists Safoora Zargar, who is four months pregnant, Meeran Haider, Shifa-Ur-Rehman and Sharjeel Imam, all detained under the Unlawful Activities (Prevention) Act (UAPA). We believe their detention is unfounded and designed to punish them for defending human rights and engaging in peaceful protest against a discriminatory law. In addition, their being jailed in the context of the COVID-19 pandemic is unnecessarily putting their lives and health at serious risk. We urge you to immediately and unconditionally release all four activists, as well as other persons who have been detained, charged, or convicted simply for defending human rights and exercising their right to freedom of expression and peaceful assembly.
Safoora Zargar, Meeran Haider and Shifa-Ur-Rahman are student activists who were involved in protests against the Citizenship (Amendment) Act (CAA) and arrested in April 2020. Safoora Zargar, Meeran Haider and Shifa-Ur-Rahman, were arrested by the Delhi Police on 10 April, 1 April and 24 April on charges of rioting and unlawful assembly, reportedly in connection with their alleged role in the demonstrations.The CAA legitimises discrimination on the basis of religion and contravenes the Constitution of India and international human rights law. Student activist Sharjeel Imam was arrested in January 2020 under charges of sedition for his speech during anti-CAA protests. The additional charges under UAPA were brought in April 2020. All of them are currently in pre-trial detention.
Their situation is not unique. For example, on 14 April 2020, the authorities also detained human rights activists Anand Teltumbde and Gautam Navlakha under the UAPA for allegedly inciting caste-based violence during a 2018 demonstration in Bhima Koregaon, Maharashtra state. Nine other activists have been detained since 2018 in relation to the same case. They are known for their work defending the rights of Adivasi and Dalit communities and should all be released immediately.
We are seriously concerned that the Indian authorities have routinely misused draconian, anti-terrorism laws such as the UAPA, to undermine human rights, stifle dissent and press freedom. This is even more concerning during the COVID-19 pandemic. The slow investigative processes and extremely stringent bail provisions under these laws mean that human rights defenders and others who speak out may face many years behind bars unjustly. In their communication to the Government of India on 6 May 2020, eight UN Special Rapporteurs and the Working Group on Arbitrary Detention raised serious concerns about the 2019 amendment to the UAPA regarding ‘the designation of individuals as “terrorists” in the context of ongoing discrimination directed at religious and other minorities, human rights defenders and political dissidents, against whom the law has been used.’ They also noted that non-violent criticism of state policies or institutions should not be made a criminal offence under counter-terrorism measures in a society governed by the rule of law and abiding by human rights principles and obligations. Arrests of peaceful protesters violate India’s obligations under international law, specifically the International Covenant on Civil and Political Rights (ICCPR), to respect and protect the rights to liberty, to freedom of expression and peaceful assembly, set out in Articles 9, 19 and 21 of that treaty.
On 25 March 2020, the UN High Commissioner for Human Rights urged all states to release “every person detained without sufficient legal basis, including political prisoners, and those detained for critical, dissenting views” in response to the COVID-19 pandemic. With at least 200 prison inmates and jail staff testing positive for the COVID-19 across India, including in Maharashtra, Madhya Pradesh and Karnataka, when the authorities misuse draconian laws to detain activists and human rights defenders, including peaceful protesters, they are not only persecuting them, they are unnecessarily putting their lives at grave risk.
In addition, Safoora Zargar’s pregnancy makes her release even more urgent, particularly amid the COVID-19 pandemic. The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders, also known as the Bangkok Rules, recommend that while deciding on pre-trial measures, non-custodial alternatives should be preferred for pregnant women where possible and appropriate.
The Indian authorities need to ensure that, as they apply the Supreme Court of India’s directive to decongest prisons to contain the spread of COVID-19, they immediately and unconditionally release student activists Safoora Zargar, Meeran Haider, Shifa-Ur-Rehman and Sharjeel Imam who remain in jail simply for peacefully exercising their right to freedom of expression by opposing the discriminatory law. They should also immediately release the 11 rights activists and journalists jailed in the Bhima Koregaon case.
The fight against the pandemic must be inclusive and not selectively used to dissuade and prevent human rights defenders from exercising their human rights.
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India-Release-HRDs-COVID19-Joint-Open-Letter-2020-ENG
May 11, 2020
Today, ICJ and 83 other organisations sent a concerning joint letter to the Prime Minister of Malaysia on the response of the Government to threats of violence and ‘hate speech’ directed at ethnic Rohingya refugees and asylum seekers in the country.
Download the letter here.
Apr 6, 2020
Today, the ICJ submitted an open letter to the Prime Minister, Deputy Prime Minister and acting Minister of Health, Minister of Public Security and Minister of Justice of Vietnam, expressing concerns about detainees whose physical integrity and well being are believed to be at risk.
This is because they have not been provided with adequate access to healthcare and medical treatment in prison.
The ICJ also called on the Vietnamese authorities to respect, protect and fulfill its obligations to ensure humane treatment and provide equal right of access to healthcare and health services to all prisoners and detained individuals, in their measures to combat the COVID-19 outbreak; and to release detainees particularly vulnerable to the COVID-19 crisis, including older detainees and those who are sick or suffering from pre-existing medical conditions.
In its letter, the ICJ raised concerns about the condition of 21 detainees who have allegedly not been provided adequate access to healthcare and medical treatment. The detainees are adherents of the An Dan Dai Dao, a Buddhist religious organization which has been the target of official persecution, raising concerns that their prosecution and their mistreatment in detention may be linked to their religious affiliation.
The ICJ urgently requested Vietnamese authorities to take immediate steps to:
- Ensure that the responsible authorities provide the detained individuals with access to adequate, prompt and continuous healthcare and medical attention, in line with Vietnam’s Constitution, and the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) – both to which Vietnam is a State party. Such provision should also be in accordance with the United Nations Standard Minimum Rules for the Treatment of Prisoners (“Nelson Mandela Rules”), which should be fully implemented;
- Ensure that the responsible authorities meet the State’s obligations to provide equal right of access to healthcare, health facilities, goods and services to all prisoners and detained individuals;
- Conduct medical examinations and risk assessments of all persons held in detention, and release those particularly vulnerable to the COVID-19 virus, including older detainees and those who are sick or suffering from pre-existing medical conditions, including the 21 individuals named in the letter;
- Ensure that detainees, including the 21 individuals named in the letter, are not subjected to torture or other ill-treatment and that their rights to humane treatment, dignity and life are protected in accordance with articles 7 and 10 of the ICCPR and the UN Convention against Torture (UNCAT), to which Vietnam is a State party.
To download the open letter, click here.
To download the annex, click here.
To download the full statement with background information, click here.
Contact
Frederick Rawski, ICJ Asia Pacific Regional Director, e: frederick.rawski(a)icj.org
Dec 4, 2019
Today, the ICJ joined seven other non-governmental organizations calling on States to establish a Commission of Inquiry or similar mechanism for Libya at the 43rd session of the UN Human Rights Council from February to March 2020.
The mechanism should document human rights violations and abuses, identify those responsible for them, preserve evidence for use in future criminal proceedings, and publicly report on the human rights situation in the country.
“Impunity reigns in Libya and, without an overhaul of the criminal justice system, future investigations or prosecutions are unlikely to be effective,” said Said Benarbia, the ICJ’s MENA Programme Director.
“As negotiations for a ceasefire and political solution to the conflict in Libya continue, States cannot keep on ignoring accountability for the egregious human rights violations and abuses committed in the country,” he added.
In July this year, the ICJ released a report – Accountability for Serious Crimes Under International Law in Libya: An Assessment of the Criminal Justice System – which found that the legal framework in Libya does not meet international standards governing the rights to liberty and to a fair trial of detained or accused persons, or the rights of victims to a remedy and reparation.
Crimes against humanity and war crimes, committed by State and non-State actors on a widespread scale in Libya, are not penalized under domestic law at all. The definitions of crimes such as torture, enforced disappearances, extrajudicial killings and rape are also inconsistent with those under international law.
“While the International Criminal Court has jurisdiction over crimes against humanity and war crimes committed in Libya since 2011, it is not a panacea for all crimes perpetrated in the country, nor can it contribute to the development of viable institutional and legislative reforms needed for human rights and the rule of law to take root,” said Kate Vigneswaran, the ICJ’s MENA Programme Senior Legal Adviser.
At the 42nd Session of the Human Rights Council, Kate Gilmore, UN Deputy High Commissioner for Human Rights, and Ghassan Salame, Special Representative of the UN Secretary-General (SRSG) and Head of the UN Support Mission in Libya (UNSMIL), called for the establishment of an international body to investigate violations of international human rights and humanitarian law in Libya.
“States have been relegating accountability in Libya, purportedly in the interests of peace, for far too long, an approach that has continually proven to yield little in the way of a political solution or the cessation of human rights violations and abuses against the many thousands of victims. States should take heed of the SRSG and Deputy High Commissioner’s statements,” said Vigneswaran.
Other signatories to the joint letter are Amnesty International, the Cairo Institute for Human Rights Studies, the International Federation for Human Rights, Human Rights Watch, Lawyers for Justice in Libya, the Libya Platform, and the Women’s International League for Peace and Freedom.
Contact:
Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Kate Vigneswaran, ICJ Senior Legal Adviser, t: +31624894664, e: kate.vigneswaran@icj.org, twitter: @KateVigneswaran
Libya-Letter to HRC-Advocacy-open letters-2019-ENG (open letter in English, PDF)
Libya-Open letter HRC_News-press release-2019-ARA (press release in Arabic, pdf)
Libya-Letter to HRC-Advocacy-open letters-2019-ARA (open letter in Arabic, PDF)
Photo credit: Image by European Commission DG ECHO
Nov 20, 2019
On 18 November, the ICJ, together with 35 other non-governmental organizations, addressed an open letter to the members of the National Council of the Slovak Republic, expressing deep concern at ongoing legislative attempts to roll back on the reproductive rights of women in Slovakia.
At this time the Slovak Parliament is debating new draft legislation that would require women seeking abortion care to undergo a mandatory ultrasound scanning, to view and obtain the ultrasound image of the embryo or the foetus, and where technically possible, to also listen to the “heartbeat of the embryo or the foetus.” The proposed legislation also seeks to prohibit “advertising” on abortion and to impose a fine of up to 66,400 Euros on those who order or disseminate it.
In the letter, the signatory organizations raised concern that, if adopted, this legislation would harm women’s health and well-being, obstruct their access to safe abortion care and violate Slovakia’s international human rights obligations.
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Slovakia-Reproductive rights-Advocacy-Open Letter-2019-ENG (letter available in PDF)
