16.02.04
Urgent Interventions
Observatory newsletter December 2003 - January 2004
African Commission for Human and Peoples’ Rights – Creation of a focal point
on Human Rights defenders
Press release – 4 December 2003
The Observatory welcomes the establishment by the African Commission on Human and Peoples' Rights of a focal point on human rights defenders at its 34th Ordinary Session held in Banjul, Gambia, from 6 to 20 November 2003. The Observatory also welcomes the appointment of Commissioner Jainaba Johm to head the focal point on Human Rights defenders and offers her its full support. The creation of this focal point is a genuine step forward. The Observatory has since 1997 worked to achieve recognition of the role played by Human Rights defenders and the need to protect them at a regional level. This regional mechanism to protect defenders in Africa complements existing instruments: the post of the Special Representative of the UN Secretary General on human rights defenders (2000) and the special Human Rights Defenders Unit within the Inter-American Commission on Human Rights (2001).
AZERBAIJAN - Arbitrary detention
17 December 2003 - AZE 003/1203/OBS 068
On 3 December, the Nasimi district Court of the City of Baku sentenced Mr. Ilgar Ibragimoglu, coordinator of the Center for the Protection of Conscience and Religious Freedoms (DEVAMM) and Secretary General of the International Religious Liberty Association (IRLA Azerbaijan), to three months in detention. On October 16th, 2003, Mr. Ibragimoglu was accused of participating in public disturbances and resisting authorities in the aftermath of the presidential elections. Further, in the evening of December 4th, in various parts of Baku, members of the local police went to the homes of Mr. Seymur Rashidov, DEVAMM's press-secretary, and Mr. Shahin Gasanov, DEVAMM's driver, and without an arrest warrant, escorted them to the police station.
BANGLADESH/SOUTH KOREA - Deportation/ Judicial proceeding
12 January 2004 - BGD 001/0104/OBS 003
Two Bangladesh activists, were forcibly deported by the South Korean authorities on December 30, 2003, and are facing prosecution in Bangladesh. The police arrested Khademul Islam Bidduth, 29 years old, a leader of the Equality Trade Union - Migrants' Branch (ETU-MB), and Jamal Ali, 17 years old, an active participant in the migrant movement, during a demonstration that took place on October 26, 2003. After their deportation to Bangladesh, Mr. Bidduth and Mr. Ali remained in detention until January 4, 2004, when they were released on bail. At the request of South Korean authorities, they are now facing prosecution by the Bangladesh government for their work on behalf of trade unions and civil society groups in South Korea.
BRAZIL - Three defenders of workers rights murdered
Press release – 30 January 2004
On 28 January, 2004, unknown individuals driving a Fiat Strada shot three lawyers of the Brazilian Ministry of Labour--Erastótenes de Almeida Gonçalves, Nelson José da Silva and João Batista Soares Lages--in the head while they were driving to the property of a landowner in the State of Minas Gerais to investigate a case of slavery. Aílton Pereira de Oliveira, the driver, was found severely wound and died later the same day at a hospital in Brasilia. The Observatory has reasons to believe that the three lawyers were murdered in connection with their work defending workers rights in Brazil. These lawyers had allegedly been threatened as a consequence of their work in the past. Slave labour is still common in the State of Minas Gerais, Brazil, where most of the violence is generated by conflicts over land. In 2003, 4,852 workers under conditions of slavery were able to escape their condition thanks to the work of the Ministry of Labour.
CAMEROON – Harassment / Threats
2 December 2003 - CMR 002/1203/OBS 066
Following the publication of FIDH’s report: "Torture in Cameroon, a common reality, a systematic impunity" at the end of October 2003, several human rights defenders were victims of harassment in Cameroon. One advocate, Mrs. Franka Nzounkekang, Director of the Human Rights Defence Group (HRDG), based in Bamenda, received death threats. Also, the police harassed two members of the Mouvement pour la défense des droits de l'Homme et des libertés (MDDHL). And According to Madeleine Afité, head of the ACAT-Douala organization, her office was under surveillance by suspicious men and its locks had been forced open.
CAMEROON - Threats against human rights defenders
Press Release - 12 December 2003
Following the publication of FIDH’s report: "Torture in Cameroon, a common reality, a systematic impunity" at the end of October 2003, members of Cameroon-based NGOs who met observers sent by FIDH were the object of a grave defamation and harassment campaign. On December 10th, several regional radios described human rights defenders as "swindlers who tarnish the image of the country". The same day, an unknown woman entered the office of the Mouvement des droits de l'Homme et des libertés (MDDHL), headed by Abdoulaye Math, refused to leave the premises, and threatened to raise a complaint against Mr. Math. On December 11th, the same woman attacked Mr. Math with a chair. The police arrested both the woman and Mr. Math and held them in the central commissionership of Maroua where they were detained during the night. On December 12th, Mr. Math was taken to the hospital and then returned to the commissionership, where he was released some hours later. However, the woman who assaulted him was released earlier in the morning. There is reason to suspect that this woman was working on behalf of the Cameroonian authorities. Also, Mrs Madeleine Afité, president of the ACAT-Littoral in Douala, received numerous anonymous phone calls and indicated that the keys of the premises of her organization were stolen.
CHINA - Open Letter to Hu Jintao
Press release - 3 December 2003
On 27 November, Jiang Lijun was condemned to four years in prison. He was arrested a year earlier, on November 6th, 2002, and later transferred to Beijing's Qincheng Prison for posting pro-democracy political views in the Internet. On November 4th, 2003, Mr. Lijun was tried on charges of "incitement to subvert state power." On 28 November 2003, Li Yibin, publisher of the online magazine "Democracy and Freedom" as well as Liu Di, known by her Internet pen name as "the Stainless Steel Mouse," were released on bail. Both have been detained since November 2002. The Observatory also denounced the detention of several other cyber-dissidents, most of whom are serving sentences for "incitement to subverting state power," "leaking state secrets overseas," "endangering state security," and "illegal publishing."
CHINA - Ill-treatment / Arbitrary detention
24 December 2003 - CHN 002/1103/OBS 060.1
The families of Yao Fuxin and Xiao Yunliang, two labour activists arbitrarily detained since March 2002, recently visited the two men in Liaoning Province’s Lingyuan County No. 2 Prison, and found them in alarming physical condition. Yao had previously been sent to the prison hospital after losing consciousness twice due to a heart condition. He is also suffering from hearing loss and partial paralysis. Xiao is suffering from pleurisy and is almost entirely blind. He has edema throughout his body, and his hands are numb from prolonged use of handcuffs. Both men are kept in isolation and surveillance around the clock, and other prisoners are not allowed to speak with them. Yao and Xiao’s families have requested that they be released for medical treatment outside of the prison system, a right that is provided for in Chinese law. But prison officials recently notified Yao’s family that their request had been denied because of the “special circumstances” of Yao’s case. Xiao’s family is still awaiting a decision regarding their request.
COLOMBIA – Harassment/ Arbitrary detention/ Break in/ Killings
17 December 2003 – COL 009 / 1203 / OBS 069
On December 12, 2003, an undetermined number of police officers went into the building housing the Human Rights Regional Committee Foundation “Joel Sierra,” in Saravena, Arauca Department. The police argued that the police station was being attacked by some rioters coming from the building of the Foundation. They arrested all the men present at the organization without a warrant. Detainees included: Mr. Yilson Torres, Foundation president; Mr. Isnaldo González, vice-president; Mr. Veimer Martínez; Enmanuel Riveros; Mr. Arnulfo Duarte; Mr. Luis Parmenio González; and Mr. Andrés Rivera, assistant of the educative team of the Colectivo de Abogados. During the detention the police chief threatened the persons present in the building saying: “this is the way I treat those that defend these types of causes.” Detainees were taken to the Saravena police station and were denied legal assistance until 10:00 p.m. that night. The same night, at approximately 10:30 p.m. the detainees were released. The Observatory also denounced a new act of repression against human rights defenders in Arauca. On December 14, 2003, Mr. Severo Bastos, former INCORA worker and current member of the Sintradin Board was killed by heavily armed assassins in the city Villa Rosario, North of Santander. This is the latest in a string of killings committed against leaders of this trade union in the past year and a half.
COLOMBIA - Attack/ Harassment/ Theft
23 December 2003 - COL 010 / 1203 / OBS 070
On December 9, 2003, four armed individuals dressed in civilian clothe attacked two human rights defenders from the organization Peace Brigades International, Mr. David Raboso y Mr. Dorotea Timmer were attacked between Mangolo and Tierra Amarilla, a place known as a check point of the self-defence patrols. During the attack, two of the four armed individuals pointed their weapons at PBI members and ordered them to give them their cell phones and the vehicle’s keys. The attackers also asked the PBI members to get out of the vehicle. The PBI members insisted that they were in contact with the authorities in the region, but the attackers told them “we know”, “we do not care”, and started insulting them. Finally, the attackers took their cell phone, several millions of pesos belonging to the Comunidad de Paz, and copies of some identity documents belonging to members of the community.
COLOMBIA – Break in/ Ill-treatment/ Theft
24 December 2003 - COL 011 / 1203 / OBS 071
On December 19, 2003, four armed men broke into the offices of Casa de la Mujer - a nongovernmental organisation that has been promoting women’s rights for 22 years—and forced three of the group’s members (Emilce Marroquín, Myriam Pérez y Richard Alarcón), including one who was pregnant, to lay on the floor. According to information we received, while one of the attackers watched over the Casa workers, the other three cut the telephones and collected documents and information about the group’s work, its founders, and its finances. After the attackers left, the three workers called the police, who dispatched two officers to the location. However, the police failed to open an official investigation and refused to take down information from the three Casa workers that could help the police identify and capture the attackers.
GUATEMALA – Trial against Bruce Harris
Press release – 22 January 2004
On January 22, 2004, Bruce Harris, the Director of Casa Alianza, went to trial in Guatemala City before the Court of Duodécimo de Sentencia. Mr. Harris was being prosecuted for criminal defamation and could face a sentence of up to 5 years imprisonment. The prosecution was based on Mr. Harris’ statements at a press conference in 1997, in which he released the results of an investigation regarding the trafficking of children and accused several lawyers of irregularities in adoptions. Mr. Harris claimed that the prosecution violated his right to freedom of expression recognized in the Guatemalan Constitution and requested the court to drop the case against him. However, in 1999, the constitutional court ruled that only journalist are entitled to this right and that Mr. Harris’ statements were not protected by the Constitution.
IRAN - Threats and intimidation
5 December 2003 - IRN 005/1203/OBS 067
Mrs. Shirin Ebadi, 2003 Nobel Peace Prize Winner, was threatened by militiamen in her way to the University of Tehran Azzahra, where she was going to deliver a speech on women and child custody rights. On December 3rd, militiamen linked to Hezbollah prevented Mrs Ebadi from entering the premises of the university where she had been invited to deliver a speech on women’s rights. The militia men blocked the entrance shouting slogans such as "death for Shirin Ebadi" and "Shirin Ebadi agent from the US, agent from the West". Mrs. Ebadi had to hide in the university’s cellar and was subsequently escorted back home.
ISRAEL – Conscientious objection at stake :
Press release – 15 December 2003
On 12 November 2003, the Military Court in Jaffa convicted Jonathan Ben Artzi for disobeying an order to serve in the Army. The Court, however, acknowledged that Mr. Artzi was a pacifist and recommended that he appears once again before the Military Conscientious Committee.
ISRAEL - Five conscientious objectors sentenced to one year imprisonment
Press release - 5 January 2004
On 16 December, MM. Haggai Matar, Matan Kaminer, Shimri Zameret, Adam Maor and Noam Bahat, conscientious objectors were found guilty of « disobeying an order ». They are among more than 300 "Shministim", or high school seniors, who refuse to serve in military forces involved in the occupation of Palestinian Territories. Unlike Mr. Artzi, they are selective Conscientious Objectors (COs), a category of COs that is particular to Israel—they are not against war per se, but against the occupation. On 4 January 2004, the Military Court in Jaffa sentenced Noam Bahat, Adam Maor, Haggai Matar, Shinri Tsameret and Matan Kaminer to one year imprisonment. It further recommended that the army consider their discharge after this period of time. However, the Israeli Defence Forces (IDF) has the option to demand that they be mobilized or face additional jail time after their sentences are completed.
ISRAEL - The detention of the Refuzniks is arbitrary says the UN Working Group on Arbitrary Detention
Press release – 19 January 2004
The U.N. Working Group on Arbitrary Detention stated in its final Opinion n° 24/2003 (Israel) concerning cases submitted by the Observatory last May 2003, that although at present time the rejection by a state of the right to conscientious objection cannot be considered incompatible with international law, the repeated penalties imposed on Matan Kaminer, Adam Maor, Noam Bahat and Jonathan Ben Artzi were arbitrary. Referring to the fact that the four above mentioned individuals have served more than one disciplinary measure for refusing to obey military orders, the U.N. Working Group stated that “the repeated penalties for the disobedience to serve in the military are not compatible with the principle of non bis in idem, as born out by article 14-7 of the International Covenant on Civil and Political Rights (ICCPR), which states that no one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted.”.
KAZAKHSTAN – Release under surveillance
16 January 2004 - KAZ 001/0802/OBS 053.03
On December 29, 2003, Mr. Sergei Duvanov, chief editor of the news bulletin “Human Rights in Kazakhstan and in the world” published by the Kazakhstan-based International Bureau for Human Rights and the Rule of Law (KIBHRL), imprisoned since October 2002, was released from prison and taken on probation to a penitential colony. Mr. Duvanov was prohibited to use his mobile phone and was denied visits for two weeks. Mr. Duvanov, whose health had deteriorated during his detention, also had difficulties getting admitted to the hospital. In January 15, 2004, after long negotiations between the KIBHRL and the colony's administration, as well as with the Chair of the Committee of National Security, Mr. Duvanov was finally allowed to return to his home in Almaty and resume his job at the International Bureau of Human Rights. However, he remains under surveillance and must report to the authorities on a regular basis.
KYRGYZSTAN - Restrictions to freedom of association
12 December, 2003 - KGZ 002/0803/OBS 044.2
On November 28th the Ministry of Justice officially registered the Kyrgyz Committee for Human Rights (KCHR) as a new human rights organization. The Observatory recalls that on August 25, former KCHR members, Mr. Tynaliev, Mr. Mombekov, Mr. Jakishev and others, took over the KCHR headed by Mr. Dyryldaev, proclaiming publicly his dismissal from the position of chair in total violation of the results of KCHR Board elections held on 11 May 2003, when Mr. Dyryldaev had been re-elected for five years as KCHR chairman. Since this take-over, the members of Dyryldaev's KCHR have been subjected to a number of acts of harassment and defamation campaigns. These acts include intimidation letters, sent by Mr. Tynaliev to the international community (IGOs, international NGOs and donors) accusing Mr. Dyryldaev of financial mismanagement and corruption. Former members of the KCHR are also regularly threatened with judicial proceedings. These acts of harassment prevent Mr. Dyryldaev and other members of the organization from conducting any monitoring activities. Mr. Dyryldaev is currently living in exile in Vienna.
Martin Ennals Award – Chechen Human Rights Defender wins prestigious human rights award
Press release – 5 December 2003
Mrs. Lida Yusupova has been selected as the winner of the 2004 Martin Ennals Award for Human Rights Defenders (MEA). For the past 3 years, Lida Yusupova has coordinated the Grozny office of the Moscow-based human rights organisation Memorial. It is a small office with only 6 staff members and one of the few human rights organisations still operating in Chechnya. This organization provides crucial information concerning violations of human rights in this Russian republic. Mrs. Yusupova collects testimonies from those victims who dare to come to the Grozny office and also goes to places to document human rights violations such as killings and disappearances. She accompanies the victims in their claims against the Russian Army and Security Services and provides legal assistance. The Martin Ennals Award ceremony will take place in Geneva on 7 April 2004.
MOROCCO – Detention
4 December 2003 - Open letter to the Ministry of Justice of Morocco
On April 22, Mohammed Rachid Chrii, Vice-General Secretary of the section of the Moroccan Association of Human Rights (AMDH) in Safi, was summoned to the police station following a dispute he had in the street with a policeman who was mistreating a man in his custody. Mr. Chrii was then kidnapped by the same policeman and his colleagues. He was taken to an unofficial detention centre where he was tortured. He was then driven to the police station where he was again subjected to torture. Although medical certificates provide evidence of the ill-treatment and the traumatism suffered by Mr Chrii, no investigation has been conducted. On May 9th, 2003, the County Court of Safi condemned Mr Chrii to 18 months of imprisonment and a fine of 4.000 dirhams for insulting public civil officers in the exercise of their functions. On June 10th, 2003, the Court of Appeal of Safi confirmed this verdict. An appeal is in progress but the date for a hearing is still pending.
MOROCCO – Harassment
4 December 2003 - MAR 002 / 1003 / OBS 057.1
On December 2, Ali L'mrabet’s family members were prevented from visiting him at the prison of Rabat Salé where he is being confined. Mr. L'mrabet is a journalist and the director of the satiric publications Demain magazine and Douman. In June 2003, the Court of Appeal of Rabat condemned Mr. L'mrabet to a long prison sentence for exercising his freedom of expression. Prison authorities told family members that Mr. L'mrabet did not wish to see them. However, according to family members, he has never expressed such a wish during the bi-weekly visits made by his family. The Observatory is deeply concerned about the health of Ali L'mrabet, who began a hunger strike on November 30th.
MOROCCO – Releases
7 January 2004 - MAR 002 / 1003 / OBS 057.2
Mr. Ali L'mrabet, Mr. Rachid Chrii (see above), Mr. Dkhil El Moussaoui, Mr. Ali Salem Tamek and Mr. Bazid Salek, members of the Sahara Section of the Forum Vérité et Justice (FVJ), were released thanks to a royal pardon given to 33 political prisoners on January 7th, 2004. However, Mr.L’mrabet was charged in another case ("the sacred stone") and sentenced to 4 months in prison in 2001. The General Attorney has appealed this decision. A hearing will take place before the Court of appeal in Rabat in April 2004.
NEPAL - Killing/Impunity
30 December 2003 - NPL 001/1203/OBS 072
On 24 December, Mr. Chet Prakash Khatri, a human rights defender working in the Binauna Village Development Committee (VDC) of Banke district in Nepal, was killed by a group of unidentified individuals in Sarragaon, in the Rapti River, an area close to the Indian border. The victim's body showed signs of a cord around his neck, which was broken, and there was a wound on his chin. Mr. Khatri was working as a facilitator for a Peace Programme launched by the Informal Sector Service Center (INSEC) in that area. He was training students and locals on safety measures during conflicts. Mr. Khatri was also working on children rights and was affiliated to Bheri Environmental Excellence Group (BEE Group), an NGO. According to the information received, some members of the media blamed the killing on Maoist rebels. However, the Secretary of the CPN-Maoists Paban issued a press statement on December 28, 2003, condemning the accusation as “unsubstantiated.” Also, five Nepalese political parties, the Nepali Congress, the CPN-UML, the People’s Front, the Nepal Peasants’ and Workers’ Party and Nepal Sadbhawana Party (Anandi Devi), issued a joint press statement condemning the government’s unwillingness to investigate the case.
NEPAL - Ill treatment/break in/unlawful search
15 January 2004 - NPL 001/0104/OBS 005
On 13 January 2004, Mr. Dinesh Raj Prasain, Coordinator of the Collective Campaign for Peace (COCAP), was severely beaten by members of the Royal Nepali Army at his residence in Banasthali, Kathmandu. The men were reportedly searching for a Maoist as well as documents and materials. When Mr. Prasain, fearful that the men were criminals, refused to open the door, one of the men pulled out a revolver and threatened to shoot Mr. Prasain. The men broke the door and started to ruthlessly punch and kick him in the face, head, stomach, back and thighs. Mr. Prasain has lodged a formal application for his medical examination with the District Police Office in Kathmandu. He is also planning to lodge a complaint with the National Human Rights Commission and the Army's human rights cell.
RUSSIAN FEDERATION - Kidnapping/extra-judicial execution
26 January 2004 - RUS 001/0104/OBS 006
On January 10, 2004, Mr. Aslan Sheripovich Davletukaev, a volunteer of the Information Centre of the Society of Russian-Chechen Friendship (SRCF), documenting human rights abuses in Chechnya, was kidnapped and killed by members of the armed forces of the Russian Federation at his residence in Avtury, Chechnya. On January 16, 2004, an inspection unit of the Russian army found Mr. Davletukaev’s body near a highway in Gudermes town. His body bore evidence of torture and mutilation. The public prosecutor’s office of Gudermes, a district of the Chechen Republic, has initiated legal proceedings concerning Mr. Davletukaev's case.
RUSSIAN FEDERATION – Threats / Fear for safety
28 janvier 2004 -RUS 001 / 0303 / OBS 012.2
On January 26, 2004, Mr. Imran Ezhiev, head of the Information Centre of the Society of Russian-Chechen Friendship (SRCF) in the Northern Caucasus and the regional coordinator of the Moscow Helsinki Group, told his colleagues at SRCF that unidentified individuals were watching his house and workplace in Ingushetia, where he currently lives. He also told SRCF's staff that he was being followed by unidentified individuals driving four cars (a gray, 10-model "Zhiguli", two silvery "VAZ-21099" and a blur "VAZ-2107") that did not bear license plates. Mr. Ezhiev has been investigating the kidnapping and extra-judicial execution of Mr. Aslan Sheripovich Davletukaev, (see above).
SENEGAL – Defamation against human rights defenders
12 January 2004 - SEN 001/0104/OBS 004
The Organisation nationale des droits de l'Homme (ONDH) was the object of severe criticism after the publication of a press release revealing the existence of a letter containing death threats against Mgr. Théodore Adrien Sarr, Archbishop of Dakar. On January 6th, 2004, the unidentified "Mouvement des sentinelles de l'Alternance", issued a press release stating that ONDH’s members "should be interrogated by the police and pursued". According to this movement, the disclosure of such letter is a "dangerous operation of destabilization towards the President of the Republic", "which would have push Senegal in a period of unprecedented turbulence".
SUDAN - Break in / Arbitrary arrest
6 January, 2003 - SDN 001/0104/OBS 001
On December 28, 2003, the Sudanese National Security Agency (NSA) arrested Mr. Madawi Ibrahim Adam, 47 years old, Chairperson of the Sudan Social Development Organisation (SUDO). According to the information received, Mr. Madawi was arrested in his house, in Omdurman, which was searched and allegedly damaged. Some documents were seized, in particular papers on a project for the development of water stations in South Sudan. According to the information, Mr. Madawi was then taken to his office in Khartoum, at Lamda Engineering Company, which was also searched and his computer and other items were confiscated. Mr. Madawi remained in detention at an unknown location and his wife made a request to see him on 30 December 2003. The following day, he was allowed to call his wife briefly to inform her that he was well and requested some clothes. Mr. Madawi has reportedly not been charged and no reason has been given for his arrest. On the 3 January 2004, it was confirmed that he was transferred to Kober Prison.
SUDAN - Arrests/Arbitrary detention/Torture
7 January 2004 - SDN 002/0104/OBS 002
On January 5, 2004, members of the Sudanese National Security Agency (NSA) arrested Mr. Waiel Taha, a student and active member of the Sudanese Organisations Against Torture (SOAT) student network and Mr. Yousif Fat'h Al Rahman, a student at the Faculty of Art, outside Khartoum University Student Union Building. Mr. Fat'h Al Rahman was separated from Mr. Taha and taken to the NSA building near Old Khartoum High School. He was allegedly tortured by 5 security officers who punched his face, beat the soles of his feet and his back, kicked him, forced him to drink 3 litres of water by inserting a bottle in his throat, tried to strangle him and threatened him with death. On 6 January 2004, Mr. Fat'h Al Rahman was handcuffed and blind folded, and left on a road near Mahmood Sharief Station in Buri. Concerning Mr. Taha, a delegation from the Khartoum Student Union went to the NSA office to request information on his whereabouts, but the NSA denied his arrest.
SUDAN - New information - Release / Torture / Judicial proceeding
9 January, 2004 - SDN 002/0104/OBS 002.1
Mr. Waiel Taha was released on January 7, 2004. However, Mr. Taha was tortured while in detention. He was tied to a chair, blind folded with a shirt and beaten on his genitals and other parts of his body with a water hose. Mr. Taha claimed that one of the officers threatened to rape him and told him: "Last time we shaved your head and we made you dance like a women this time I will rape you." The beating and threats continued for two hours. The Chief Persecutor of the Crime Against the State charged Mr. Taha with instigating students, illegal occupation of a room used by a guard and the destruction of a Student Support Fund’s banner, under articles 144 (Intimidation) and 182 (Criminal Mischief) of the Penal Code of 1991. Mr. Taha was released on bail early in the morning of January 7. He was ordered to report back to the Crimes Against the State Office on January 8, 2004. The Chief Prosecutor also ordered him to return on January 11, 2004.
TUNISIA – Increasing harassment against human rights defenders
Press release – 8 January 2004
On January 5th, 2004, Mrs Sihem Ben Sedrine, writer, journalist and human rights activist, was assaulted in the street while she was returning to her house, which is also the headquarters of the Conseil national des libertés en Tunisie (CNLT). This aggression was allegedly sponsored by the Tunisian security services. On January 3rd, some policemen detained Mr. Hammad Ali Bedoui, member of the CNLT, and brother of Dr. Moncef Marzouki, the former president of the Ligue Tunisienne des droits de l’Homme (LTDH), and he was placed in administrative detention. On January 3rd, the Association internationale de soutien aux prisonniers politiques (AISPP) was prohibited to hold its General Assembly by an impressive police display. Strong pressures were exercised on the Yemenite authorities to prevent Mr. Mokhtar Trifi, General Secretary of the LTDH, Mrs. Khedija Cherif, Vice President of the Association tunisienne des femmes démocrates (ATFD) and Mrs Alya Cherif Chammari, member of the collectif 95 Maghreb Egalité and of the Centre tunisien pour l'indépendance de la justice, from attending the regional conference organized in Sanaa (Yemen) on " Democracy, human rights and the role of the International Penal Court" from 10 to 12 January 2004.
TURKEY - Trial against four lawyers of the Diyarbakir's Bar Association
Mission of judicial observation – 5 December 2004
Press release – 9 December 2003
On December 5, 2003, the Observatory sent an observer to Turkey to attend the second hearing for Sezgin Tanrikulu, Chairman of Diyarbakir's Bar association, and lawyers Sabahattin Korkmaz, Burhan Deyar and Habibe Deyar, which took place at the Diyarbakir Heavy Penal Court. In the first hearing, which took place on October 17, 2003, the four lawyers were indicted on charges of misconduct and abuse of their legal responsibility (article 240 of the Turkish Penal Code and Article 59/1-2 of the Law on Legal Profession) in connection with the compensation cases of 96 villagers from the Çaglayan village of Kulp district, and the Ziyaret and Uluocak villages of Lice district, which were evacuated and burned in 1993 and 1994. The Court adjourned the hearing until December 24, 2004. The four lawyers were then acquitted.
TURKEY - Trial against Dr. Alp Ayan, member of the Human Rights Foundation
Mission of judicial observation – 10 December 2003
Press release – 15 December 2003
The Observatory sent an observer to attend the trial against Dr. Alp Ayan, a Turkish psychiatrist and a member of the Human Rights Foundation of Turkey, who appeared before the Izmir Heavy Penal Court on 10 December 2003. The court decided to postpone the trial in order to hear further defences and detain Mrs Gonca Coban, another defendant who hadn’t yet appeared before the court. The next hearing will be held on March 3, 2004. Dr Alp Ayan is charged with "insulting the Minister of Justice" (article 159 of the Turkish Penal Code (TPC)) in a press statement that criticized a military intervention against prisoners that took place on December 19, 2000 and resulted in the death of 32 people.
TURKEY - Trial against the Turkish NGO "GÖC-DER"
Press release – 21 January 2004
On 19th January, the Istambul State Security Court n°4 sentenced Sefika Gürbüz, President of the Turkish NGO "GÖC-DER" (Immigrants for Social Cooperation and Culture), to pay a fine of TL 2.180 billions. The court acquitted Mehmet Barut, also a board member of the organization. Sefika Gürbüz and Mehmet Barut were prosecuted under article 312/2 of the Turkish Penal Code, which prohibits “incit[ing] people to enmity and hatred because of class, racial, religious, confessional, or regional differences”. The prosecution is connected to a press conference that GÖC-DER held on April 2002 to present the publication of a report concerning forced displacement of Kurdish people in Turkey. According to the Observer sent by the Observatory, the Court’s decision clearly demonstrates that the Turkish judiciary does not pay due consideration to international human rights conventions ratified by Turkey, and persist to refrain from implementing legislative reforms in Turkey. ".
TURKEY – Trial of Dr. Alp Ayan, Mrs. Günseli Kaya
Mission of judicial observation – 26 January 2004
Open letter to the Minister of Justice of Turkey - 30 January 2004
The Aliaga first instance Penal Court charged Dr. Alp Ayan and Mrs. Günseli Kaya, both members of the Human Rights Foundation of Turkey (HRFT) Izmir, with “attacking the gendarmes with stones and bottles” and “resisting and opposing through violent means” pursuant to Articles 32/1 and 32/3 of the Law 2911 on Meetings and Demonstrations for having attended, the funeral of Nevzat Ciftci on 30 September 1999. Mr. Ciftci was one of the prisoners killed during the military operation in Ankara Ulucanlar prison on 26 September 1999. According to testimonies, the gendarmerie, set up barricades at the village entrance and violently attacked the group to prevent them from attending the funeral. At least 69 individuals were arrested, beaten and detained, and fourteen individuals were remanded, including Dr Alp Ayan and Mrs. Günseli Kaya, who then spent 4 months in detention. The next hearing has been postponed to February 13, 2004.
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Paris – Geneva, February 2004
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on Human Rights defenders
Press release – 4 December 2003
The Observatory welcomes the establishment by the African Commission on Human and Peoples' Rights of a focal point on human rights defenders at its 34th Ordinary Session held in Banjul, Gambia, from 6 to 20 November 2003. The Observatory also welcomes the appointment of Commissioner Jainaba Johm to head the focal point on Human Rights defenders and offers her its full support. The creation of this focal point is a genuine step forward. The Observatory has since 1997 worked to achieve recognition of the role played by Human Rights defenders and the need to protect them at a regional level. This regional mechanism to protect defenders in Africa complements existing instruments: the post of the Special Representative of the UN Secretary General on human rights defenders (2000) and the special Human Rights Defenders Unit within the Inter-American Commission on Human Rights (2001).
AZERBAIJAN - Arbitrary detention
17 December 2003 - AZE 003/1203/OBS 068
On 3 December, the Nasimi district Court of the City of Baku sentenced Mr. Ilgar Ibragimoglu, coordinator of the Center for the Protection of Conscience and Religious Freedoms (DEVAMM) and Secretary General of the International Religious Liberty Association (IRLA Azerbaijan), to three months in detention. On October 16th, 2003, Mr. Ibragimoglu was accused of participating in public disturbances and resisting authorities in the aftermath of the presidential elections. Further, in the evening of December 4th, in various parts of Baku, members of the local police went to the homes of Mr. Seymur Rashidov, DEVAMM's press-secretary, and Mr. Shahin Gasanov, DEVAMM's driver, and without an arrest warrant, escorted them to the police station.
BANGLADESH/SOUTH KOREA - Deportation/ Judicial proceeding
12 January 2004 - BGD 001/0104/OBS 003
Two Bangladesh activists, were forcibly deported by the South Korean authorities on December 30, 2003, and are facing prosecution in Bangladesh. The police arrested Khademul Islam Bidduth, 29 years old, a leader of the Equality Trade Union - Migrants' Branch (ETU-MB), and Jamal Ali, 17 years old, an active participant in the migrant movement, during a demonstration that took place on October 26, 2003. After their deportation to Bangladesh, Mr. Bidduth and Mr. Ali remained in detention until January 4, 2004, when they were released on bail. At the request of South Korean authorities, they are now facing prosecution by the Bangladesh government for their work on behalf of trade unions and civil society groups in South Korea.
BRAZIL - Three defenders of workers rights murdered
Press release – 30 January 2004
On 28 January, 2004, unknown individuals driving a Fiat Strada shot three lawyers of the Brazilian Ministry of Labour--Erastótenes de Almeida Gonçalves, Nelson José da Silva and João Batista Soares Lages--in the head while they were driving to the property of a landowner in the State of Minas Gerais to investigate a case of slavery. Aílton Pereira de Oliveira, the driver, was found severely wound and died later the same day at a hospital in Brasilia. The Observatory has reasons to believe that the three lawyers were murdered in connection with their work defending workers rights in Brazil. These lawyers had allegedly been threatened as a consequence of their work in the past. Slave labour is still common in the State of Minas Gerais, Brazil, where most of the violence is generated by conflicts over land. In 2003, 4,852 workers under conditions of slavery were able to escape their condition thanks to the work of the Ministry of Labour.
CAMEROON – Harassment / Threats
2 December 2003 - CMR 002/1203/OBS 066
Following the publication of FIDH’s report: "Torture in Cameroon, a common reality, a systematic impunity" at the end of October 2003, several human rights defenders were victims of harassment in Cameroon. One advocate, Mrs. Franka Nzounkekang, Director of the Human Rights Defence Group (HRDG), based in Bamenda, received death threats. Also, the police harassed two members of the Mouvement pour la défense des droits de l'Homme et des libertés (MDDHL). And According to Madeleine Afité, head of the ACAT-Douala organization, her office was under surveillance by suspicious men and its locks had been forced open.
CAMEROON - Threats against human rights defenders
Press Release - 12 December 2003
Following the publication of FIDH’s report: "Torture in Cameroon, a common reality, a systematic impunity" at the end of October 2003, members of Cameroon-based NGOs who met observers sent by FIDH were the object of a grave defamation and harassment campaign. On December 10th, several regional radios described human rights defenders as "swindlers who tarnish the image of the country". The same day, an unknown woman entered the office of the Mouvement des droits de l'Homme et des libertés (MDDHL), headed by Abdoulaye Math, refused to leave the premises, and threatened to raise a complaint against Mr. Math. On December 11th, the same woman attacked Mr. Math with a chair. The police arrested both the woman and Mr. Math and held them in the central commissionership of Maroua where they were detained during the night. On December 12th, Mr. Math was taken to the hospital and then returned to the commissionership, where he was released some hours later. However, the woman who assaulted him was released earlier in the morning. There is reason to suspect that this woman was working on behalf of the Cameroonian authorities. Also, Mrs Madeleine Afité, president of the ACAT-Littoral in Douala, received numerous anonymous phone calls and indicated that the keys of the premises of her organization were stolen.
CHINA - Open Letter to Hu Jintao
Press release - 3 December 2003
On 27 November, Jiang Lijun was condemned to four years in prison. He was arrested a year earlier, on November 6th, 2002, and later transferred to Beijing's Qincheng Prison for posting pro-democracy political views in the Internet. On November 4th, 2003, Mr. Lijun was tried on charges of "incitement to subvert state power." On 28 November 2003, Li Yibin, publisher of the online magazine "Democracy and Freedom" as well as Liu Di, known by her Internet pen name as "the Stainless Steel Mouse," were released on bail. Both have been detained since November 2002. The Observatory also denounced the detention of several other cyber-dissidents, most of whom are serving sentences for "incitement to subverting state power," "leaking state secrets overseas," "endangering state security," and "illegal publishing."
CHINA - Ill-treatment / Arbitrary detention
24 December 2003 - CHN 002/1103/OBS 060.1
The families of Yao Fuxin and Xiao Yunliang, two labour activists arbitrarily detained since March 2002, recently visited the two men in Liaoning Province’s Lingyuan County No. 2 Prison, and found them in alarming physical condition. Yao had previously been sent to the prison hospital after losing consciousness twice due to a heart condition. He is also suffering from hearing loss and partial paralysis. Xiao is suffering from pleurisy and is almost entirely blind. He has edema throughout his body, and his hands are numb from prolonged use of handcuffs. Both men are kept in isolation and surveillance around the clock, and other prisoners are not allowed to speak with them. Yao and Xiao’s families have requested that they be released for medical treatment outside of the prison system, a right that is provided for in Chinese law. But prison officials recently notified Yao’s family that their request had been denied because of the “special circumstances” of Yao’s case. Xiao’s family is still awaiting a decision regarding their request.
COLOMBIA – Harassment/ Arbitrary detention/ Break in/ Killings
17 December 2003 – COL 009 / 1203 / OBS 069
On December 12, 2003, an undetermined number of police officers went into the building housing the Human Rights Regional Committee Foundation “Joel Sierra,” in Saravena, Arauca Department. The police argued that the police station was being attacked by some rioters coming from the building of the Foundation. They arrested all the men present at the organization without a warrant. Detainees included: Mr. Yilson Torres, Foundation president; Mr. Isnaldo González, vice-president; Mr. Veimer Martínez; Enmanuel Riveros; Mr. Arnulfo Duarte; Mr. Luis Parmenio González; and Mr. Andrés Rivera, assistant of the educative team of the Colectivo de Abogados. During the detention the police chief threatened the persons present in the building saying: “this is the way I treat those that defend these types of causes.” Detainees were taken to the Saravena police station and were denied legal assistance until 10:00 p.m. that night. The same night, at approximately 10:30 p.m. the detainees were released. The Observatory also denounced a new act of repression against human rights defenders in Arauca. On December 14, 2003, Mr. Severo Bastos, former INCORA worker and current member of the Sintradin Board was killed by heavily armed assassins in the city Villa Rosario, North of Santander. This is the latest in a string of killings committed against leaders of this trade union in the past year and a half.
COLOMBIA - Attack/ Harassment/ Theft
23 December 2003 - COL 010 / 1203 / OBS 070
On December 9, 2003, four armed individuals dressed in civilian clothe attacked two human rights defenders from the organization Peace Brigades International, Mr. David Raboso y Mr. Dorotea Timmer were attacked between Mangolo and Tierra Amarilla, a place known as a check point of the self-defence patrols. During the attack, two of the four armed individuals pointed their weapons at PBI members and ordered them to give them their cell phones and the vehicle’s keys. The attackers also asked the PBI members to get out of the vehicle. The PBI members insisted that they were in contact with the authorities in the region, but the attackers told them “we know”, “we do not care”, and started insulting them. Finally, the attackers took their cell phone, several millions of pesos belonging to the Comunidad de Paz, and copies of some identity documents belonging to members of the community.
COLOMBIA – Break in/ Ill-treatment/ Theft
24 December 2003 - COL 011 / 1203 / OBS 071
On December 19, 2003, four armed men broke into the offices of Casa de la Mujer - a nongovernmental organisation that has been promoting women’s rights for 22 years—and forced three of the group’s members (Emilce Marroquín, Myriam Pérez y Richard Alarcón), including one who was pregnant, to lay on the floor. According to information we received, while one of the attackers watched over the Casa workers, the other three cut the telephones and collected documents and information about the group’s work, its founders, and its finances. After the attackers left, the three workers called the police, who dispatched two officers to the location. However, the police failed to open an official investigation and refused to take down information from the three Casa workers that could help the police identify and capture the attackers.
GUATEMALA – Trial against Bruce Harris
Press release – 22 January 2004
On January 22, 2004, Bruce Harris, the Director of Casa Alianza, went to trial in Guatemala City before the Court of Duodécimo de Sentencia. Mr. Harris was being prosecuted for criminal defamation and could face a sentence of up to 5 years imprisonment. The prosecution was based on Mr. Harris’ statements at a press conference in 1997, in which he released the results of an investigation regarding the trafficking of children and accused several lawyers of irregularities in adoptions. Mr. Harris claimed that the prosecution violated his right to freedom of expression recognized in the Guatemalan Constitution and requested the court to drop the case against him. However, in 1999, the constitutional court ruled that only journalist are entitled to this right and that Mr. Harris’ statements were not protected by the Constitution.
IRAN - Threats and intimidation
5 December 2003 - IRN 005/1203/OBS 067
Mrs. Shirin Ebadi, 2003 Nobel Peace Prize Winner, was threatened by militiamen in her way to the University of Tehran Azzahra, where she was going to deliver a speech on women and child custody rights. On December 3rd, militiamen linked to Hezbollah prevented Mrs Ebadi from entering the premises of the university where she had been invited to deliver a speech on women’s rights. The militia men blocked the entrance shouting slogans such as "death for Shirin Ebadi" and "Shirin Ebadi agent from the US, agent from the West". Mrs. Ebadi had to hide in the university’s cellar and was subsequently escorted back home.
ISRAEL – Conscientious objection at stake :
Press release – 15 December 2003
On 12 November 2003, the Military Court in Jaffa convicted Jonathan Ben Artzi for disobeying an order to serve in the Army. The Court, however, acknowledged that Mr. Artzi was a pacifist and recommended that he appears once again before the Military Conscientious Committee.
ISRAEL - Five conscientious objectors sentenced to one year imprisonment
Press release - 5 January 2004
On 16 December, MM. Haggai Matar, Matan Kaminer, Shimri Zameret, Adam Maor and Noam Bahat, conscientious objectors were found guilty of « disobeying an order ». They are among more than 300 "Shministim", or high school seniors, who refuse to serve in military forces involved in the occupation of Palestinian Territories. Unlike Mr. Artzi, they are selective Conscientious Objectors (COs), a category of COs that is particular to Israel—they are not against war per se, but against the occupation. On 4 January 2004, the Military Court in Jaffa sentenced Noam Bahat, Adam Maor, Haggai Matar, Shinri Tsameret and Matan Kaminer to one year imprisonment. It further recommended that the army consider their discharge after this period of time. However, the Israeli Defence Forces (IDF) has the option to demand that they be mobilized or face additional jail time after their sentences are completed.
ISRAEL - The detention of the Refuzniks is arbitrary says the UN Working Group on Arbitrary Detention
Press release – 19 January 2004
The U.N. Working Group on Arbitrary Detention stated in its final Opinion n° 24/2003 (Israel) concerning cases submitted by the Observatory last May 2003, that although at present time the rejection by a state of the right to conscientious objection cannot be considered incompatible with international law, the repeated penalties imposed on Matan Kaminer, Adam Maor, Noam Bahat and Jonathan Ben Artzi were arbitrary. Referring to the fact that the four above mentioned individuals have served more than one disciplinary measure for refusing to obey military orders, the U.N. Working Group stated that “the repeated penalties for the disobedience to serve in the military are not compatible with the principle of non bis in idem, as born out by article 14-7 of the International Covenant on Civil and Political Rights (ICCPR), which states that no one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted.”.
KAZAKHSTAN – Release under surveillance
16 January 2004 - KAZ 001/0802/OBS 053.03
On December 29, 2003, Mr. Sergei Duvanov, chief editor of the news bulletin “Human Rights in Kazakhstan and in the world” published by the Kazakhstan-based International Bureau for Human Rights and the Rule of Law (KIBHRL), imprisoned since October 2002, was released from prison and taken on probation to a penitential colony. Mr. Duvanov was prohibited to use his mobile phone and was denied visits for two weeks. Mr. Duvanov, whose health had deteriorated during his detention, also had difficulties getting admitted to the hospital. In January 15, 2004, after long negotiations between the KIBHRL and the colony's administration, as well as with the Chair of the Committee of National Security, Mr. Duvanov was finally allowed to return to his home in Almaty and resume his job at the International Bureau of Human Rights. However, he remains under surveillance and must report to the authorities on a regular basis.
KYRGYZSTAN - Restrictions to freedom of association
12 December, 2003 - KGZ 002/0803/OBS 044.2
On November 28th the Ministry of Justice officially registered the Kyrgyz Committee for Human Rights (KCHR) as a new human rights organization. The Observatory recalls that on August 25, former KCHR members, Mr. Tynaliev, Mr. Mombekov, Mr. Jakishev and others, took over the KCHR headed by Mr. Dyryldaev, proclaiming publicly his dismissal from the position of chair in total violation of the results of KCHR Board elections held on 11 May 2003, when Mr. Dyryldaev had been re-elected for five years as KCHR chairman. Since this take-over, the members of Dyryldaev's KCHR have been subjected to a number of acts of harassment and defamation campaigns. These acts include intimidation letters, sent by Mr. Tynaliev to the international community (IGOs, international NGOs and donors) accusing Mr. Dyryldaev of financial mismanagement and corruption. Former members of the KCHR are also regularly threatened with judicial proceedings. These acts of harassment prevent Mr. Dyryldaev and other members of the organization from conducting any monitoring activities. Mr. Dyryldaev is currently living in exile in Vienna.
Martin Ennals Award – Chechen Human Rights Defender wins prestigious human rights award
Press release – 5 December 2003
Mrs. Lida Yusupova has been selected as the winner of the 2004 Martin Ennals Award for Human Rights Defenders (MEA). For the past 3 years, Lida Yusupova has coordinated the Grozny office of the Moscow-based human rights organisation Memorial. It is a small office with only 6 staff members and one of the few human rights organisations still operating in Chechnya. This organization provides crucial information concerning violations of human rights in this Russian republic. Mrs. Yusupova collects testimonies from those victims who dare to come to the Grozny office and also goes to places to document human rights violations such as killings and disappearances. She accompanies the victims in their claims against the Russian Army and Security Services and provides legal assistance. The Martin Ennals Award ceremony will take place in Geneva on 7 April 2004.
MOROCCO – Detention
4 December 2003 - Open letter to the Ministry of Justice of Morocco
On April 22, Mohammed Rachid Chrii, Vice-General Secretary of the section of the Moroccan Association of Human Rights (AMDH) in Safi, was summoned to the police station following a dispute he had in the street with a policeman who was mistreating a man in his custody. Mr. Chrii was then kidnapped by the same policeman and his colleagues. He was taken to an unofficial detention centre where he was tortured. He was then driven to the police station where he was again subjected to torture. Although medical certificates provide evidence of the ill-treatment and the traumatism suffered by Mr Chrii, no investigation has been conducted. On May 9th, 2003, the County Court of Safi condemned Mr Chrii to 18 months of imprisonment and a fine of 4.000 dirhams for insulting public civil officers in the exercise of their functions. On June 10th, 2003, the Court of Appeal of Safi confirmed this verdict. An appeal is in progress but the date for a hearing is still pending.
MOROCCO – Harassment
4 December 2003 - MAR 002 / 1003 / OBS 057.1
On December 2, Ali L'mrabet’s family members were prevented from visiting him at the prison of Rabat Salé where he is being confined. Mr. L'mrabet is a journalist and the director of the satiric publications Demain magazine and Douman. In June 2003, the Court of Appeal of Rabat condemned Mr. L'mrabet to a long prison sentence for exercising his freedom of expression. Prison authorities told family members that Mr. L'mrabet did not wish to see them. However, according to family members, he has never expressed such a wish during the bi-weekly visits made by his family. The Observatory is deeply concerned about the health of Ali L'mrabet, who began a hunger strike on November 30th.
MOROCCO – Releases
7 January 2004 - MAR 002 / 1003 / OBS 057.2
Mr. Ali L'mrabet, Mr. Rachid Chrii (see above), Mr. Dkhil El Moussaoui, Mr. Ali Salem Tamek and Mr. Bazid Salek, members of the Sahara Section of the Forum Vérité et Justice (FVJ), were released thanks to a royal pardon given to 33 political prisoners on January 7th, 2004. However, Mr.L’mrabet was charged in another case ("the sacred stone") and sentenced to 4 months in prison in 2001. The General Attorney has appealed this decision. A hearing will take place before the Court of appeal in Rabat in April 2004.
NEPAL - Killing/Impunity
30 December 2003 - NPL 001/1203/OBS 072
On 24 December, Mr. Chet Prakash Khatri, a human rights defender working in the Binauna Village Development Committee (VDC) of Banke district in Nepal, was killed by a group of unidentified individuals in Sarragaon, in the Rapti River, an area close to the Indian border. The victim's body showed signs of a cord around his neck, which was broken, and there was a wound on his chin. Mr. Khatri was working as a facilitator for a Peace Programme launched by the Informal Sector Service Center (INSEC) in that area. He was training students and locals on safety measures during conflicts. Mr. Khatri was also working on children rights and was affiliated to Bheri Environmental Excellence Group (BEE Group), an NGO. According to the information received, some members of the media blamed the killing on Maoist rebels. However, the Secretary of the CPN-Maoists Paban issued a press statement on December 28, 2003, condemning the accusation as “unsubstantiated.” Also, five Nepalese political parties, the Nepali Congress, the CPN-UML, the People’s Front, the Nepal Peasants’ and Workers’ Party and Nepal Sadbhawana Party (Anandi Devi), issued a joint press statement condemning the government’s unwillingness to investigate the case.
NEPAL - Ill treatment/break in/unlawful search
15 January 2004 - NPL 001/0104/OBS 005
On 13 January 2004, Mr. Dinesh Raj Prasain, Coordinator of the Collective Campaign for Peace (COCAP), was severely beaten by members of the Royal Nepali Army at his residence in Banasthali, Kathmandu. The men were reportedly searching for a Maoist as well as documents and materials. When Mr. Prasain, fearful that the men were criminals, refused to open the door, one of the men pulled out a revolver and threatened to shoot Mr. Prasain. The men broke the door and started to ruthlessly punch and kick him in the face, head, stomach, back and thighs. Mr. Prasain has lodged a formal application for his medical examination with the District Police Office in Kathmandu. He is also planning to lodge a complaint with the National Human Rights Commission and the Army's human rights cell.
RUSSIAN FEDERATION - Kidnapping/extra-judicial execution
26 January 2004 - RUS 001/0104/OBS 006
On January 10, 2004, Mr. Aslan Sheripovich Davletukaev, a volunteer of the Information Centre of the Society of Russian-Chechen Friendship (SRCF), documenting human rights abuses in Chechnya, was kidnapped and killed by members of the armed forces of the Russian Federation at his residence in Avtury, Chechnya. On January 16, 2004, an inspection unit of the Russian army found Mr. Davletukaev’s body near a highway in Gudermes town. His body bore evidence of torture and mutilation. The public prosecutor’s office of Gudermes, a district of the Chechen Republic, has initiated legal proceedings concerning Mr. Davletukaev's case.
RUSSIAN FEDERATION – Threats / Fear for safety
28 janvier 2004 -RUS 001 / 0303 / OBS 012.2
On January 26, 2004, Mr. Imran Ezhiev, head of the Information Centre of the Society of Russian-Chechen Friendship (SRCF) in the Northern Caucasus and the regional coordinator of the Moscow Helsinki Group, told his colleagues at SRCF that unidentified individuals were watching his house and workplace in Ingushetia, where he currently lives. He also told SRCF's staff that he was being followed by unidentified individuals driving four cars (a gray, 10-model "Zhiguli", two silvery "VAZ-21099" and a blur "VAZ-2107") that did not bear license plates. Mr. Ezhiev has been investigating the kidnapping and extra-judicial execution of Mr. Aslan Sheripovich Davletukaev, (see above).
SENEGAL – Defamation against human rights defenders
12 January 2004 - SEN 001/0104/OBS 004
The Organisation nationale des droits de l'Homme (ONDH) was the object of severe criticism after the publication of a press release revealing the existence of a letter containing death threats against Mgr. Théodore Adrien Sarr, Archbishop of Dakar. On January 6th, 2004, the unidentified "Mouvement des sentinelles de l'Alternance", issued a press release stating that ONDH’s members "should be interrogated by the police and pursued". According to this movement, the disclosure of such letter is a "dangerous operation of destabilization towards the President of the Republic", "which would have push Senegal in a period of unprecedented turbulence".
SUDAN - Break in / Arbitrary arrest
6 January, 2003 - SDN 001/0104/OBS 001
On December 28, 2003, the Sudanese National Security Agency (NSA) arrested Mr. Madawi Ibrahim Adam, 47 years old, Chairperson of the Sudan Social Development Organisation (SUDO). According to the information received, Mr. Madawi was arrested in his house, in Omdurman, which was searched and allegedly damaged. Some documents were seized, in particular papers on a project for the development of water stations in South Sudan. According to the information, Mr. Madawi was then taken to his office in Khartoum, at Lamda Engineering Company, which was also searched and his computer and other items were confiscated. Mr. Madawi remained in detention at an unknown location and his wife made a request to see him on 30 December 2003. The following day, he was allowed to call his wife briefly to inform her that he was well and requested some clothes. Mr. Madawi has reportedly not been charged and no reason has been given for his arrest. On the 3 January 2004, it was confirmed that he was transferred to Kober Prison.
SUDAN - Arrests/Arbitrary detention/Torture
7 January 2004 - SDN 002/0104/OBS 002
On January 5, 2004, members of the Sudanese National Security Agency (NSA) arrested Mr. Waiel Taha, a student and active member of the Sudanese Organisations Against Torture (SOAT) student network and Mr. Yousif Fat'h Al Rahman, a student at the Faculty of Art, outside Khartoum University Student Union Building. Mr. Fat'h Al Rahman was separated from Mr. Taha and taken to the NSA building near Old Khartoum High School. He was allegedly tortured by 5 security officers who punched his face, beat the soles of his feet and his back, kicked him, forced him to drink 3 litres of water by inserting a bottle in his throat, tried to strangle him and threatened him with death. On 6 January 2004, Mr. Fat'h Al Rahman was handcuffed and blind folded, and left on a road near Mahmood Sharief Station in Buri. Concerning Mr. Taha, a delegation from the Khartoum Student Union went to the NSA office to request information on his whereabouts, but the NSA denied his arrest.
SUDAN - New information - Release / Torture / Judicial proceeding
9 January, 2004 - SDN 002/0104/OBS 002.1
Mr. Waiel Taha was released on January 7, 2004. However, Mr. Taha was tortured while in detention. He was tied to a chair, blind folded with a shirt and beaten on his genitals and other parts of his body with a water hose. Mr. Taha claimed that one of the officers threatened to rape him and told him: "Last time we shaved your head and we made you dance like a women this time I will rape you." The beating and threats continued for two hours. The Chief Persecutor of the Crime Against the State charged Mr. Taha with instigating students, illegal occupation of a room used by a guard and the destruction of a Student Support Fund’s banner, under articles 144 (Intimidation) and 182 (Criminal Mischief) of the Penal Code of 1991. Mr. Taha was released on bail early in the morning of January 7. He was ordered to report back to the Crimes Against the State Office on January 8, 2004. The Chief Prosecutor also ordered him to return on January 11, 2004.
TUNISIA – Increasing harassment against human rights defenders
Press release – 8 January 2004
On January 5th, 2004, Mrs Sihem Ben Sedrine, writer, journalist and human rights activist, was assaulted in the street while she was returning to her house, which is also the headquarters of the Conseil national des libertés en Tunisie (CNLT). This aggression was allegedly sponsored by the Tunisian security services. On January 3rd, some policemen detained Mr. Hammad Ali Bedoui, member of the CNLT, and brother of Dr. Moncef Marzouki, the former president of the Ligue Tunisienne des droits de l’Homme (LTDH), and he was placed in administrative detention. On January 3rd, the Association internationale de soutien aux prisonniers politiques (AISPP) was prohibited to hold its General Assembly by an impressive police display. Strong pressures were exercised on the Yemenite authorities to prevent Mr. Mokhtar Trifi, General Secretary of the LTDH, Mrs. Khedija Cherif, Vice President of the Association tunisienne des femmes démocrates (ATFD) and Mrs Alya Cherif Chammari, member of the collectif 95 Maghreb Egalité and of the Centre tunisien pour l'indépendance de la justice, from attending the regional conference organized in Sanaa (Yemen) on " Democracy, human rights and the role of the International Penal Court" from 10 to 12 January 2004.
TURKEY - Trial against four lawyers of the Diyarbakir's Bar Association
Mission of judicial observation – 5 December 2004
Press release – 9 December 2003
On December 5, 2003, the Observatory sent an observer to Turkey to attend the second hearing for Sezgin Tanrikulu, Chairman of Diyarbakir's Bar association, and lawyers Sabahattin Korkmaz, Burhan Deyar and Habibe Deyar, which took place at the Diyarbakir Heavy Penal Court. In the first hearing, which took place on October 17, 2003, the four lawyers were indicted on charges of misconduct and abuse of their legal responsibility (article 240 of the Turkish Penal Code and Article 59/1-2 of the Law on Legal Profession) in connection with the compensation cases of 96 villagers from the Çaglayan village of Kulp district, and the Ziyaret and Uluocak villages of Lice district, which were evacuated and burned in 1993 and 1994. The Court adjourned the hearing until December 24, 2004. The four lawyers were then acquitted.
TURKEY - Trial against Dr. Alp Ayan, member of the Human Rights Foundation
Mission of judicial observation – 10 December 2003
Press release – 15 December 2003
The Observatory sent an observer to attend the trial against Dr. Alp Ayan, a Turkish psychiatrist and a member of the Human Rights Foundation of Turkey, who appeared before the Izmir Heavy Penal Court on 10 December 2003. The court decided to postpone the trial in order to hear further defences and detain Mrs Gonca Coban, another defendant who hadn’t yet appeared before the court. The next hearing will be held on March 3, 2004. Dr Alp Ayan is charged with "insulting the Minister of Justice" (article 159 of the Turkish Penal Code (TPC)) in a press statement that criticized a military intervention against prisoners that took place on December 19, 2000 and resulted in the death of 32 people.
TURKEY - Trial against the Turkish NGO "GÖC-DER"
Press release – 21 January 2004
On 19th January, the Istambul State Security Court n°4 sentenced Sefika Gürbüz, President of the Turkish NGO "GÖC-DER" (Immigrants for Social Cooperation and Culture), to pay a fine of TL 2.180 billions. The court acquitted Mehmet Barut, also a board member of the organization. Sefika Gürbüz and Mehmet Barut were prosecuted under article 312/2 of the Turkish Penal Code, which prohibits “incit[ing] people to enmity and hatred because of class, racial, religious, confessional, or regional differences”. The prosecution is connected to a press conference that GÖC-DER held on April 2002 to present the publication of a report concerning forced displacement of Kurdish people in Turkey. According to the Observer sent by the Observatory, the Court’s decision clearly demonstrates that the Turkish judiciary does not pay due consideration to international human rights conventions ratified by Turkey, and persist to refrain from implementing legislative reforms in Turkey. ".
TURKEY – Trial of Dr. Alp Ayan, Mrs. Günseli Kaya
Mission of judicial observation – 26 January 2004
Open letter to the Minister of Justice of Turkey - 30 January 2004
The Aliaga first instance Penal Court charged Dr. Alp Ayan and Mrs. Günseli Kaya, both members of the Human Rights Foundation of Turkey (HRFT) Izmir, with “attacking the gendarmes with stones and bottles” and “resisting and opposing through violent means” pursuant to Articles 32/1 and 32/3 of the Law 2911 on Meetings and Demonstrations for having attended, the funeral of Nevzat Ciftci on 30 September 1999. Mr. Ciftci was one of the prisoners killed during the military operation in Ankara Ulucanlar prison on 26 September 1999. According to testimonies, the gendarmerie, set up barricades at the village entrance and violently attacked the group to prevent them from attending the funeral. At least 69 individuals were arrested, beaten and detained, and fourteen individuals were remanded, including Dr Alp Ayan and Mrs. Günseli Kaya, who then spent 4 months in detention. The next hearing has been postponed to February 13, 2004.
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Paris – Geneva, February 2004
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