08.10.03
Urgent Interventions
The Observatory - Intervention at the OSCE Human Dimension Implementation Meeting, Varsaw, 7 October 2003
OSCE HUMAN DIMENSION IMPLEMENTATION MEETING
WARSAW – SEPTEMBER 2003
Intervention:
Freedom of association
As part of their joint programme on the Observatory for the Protection of Human Rights Defenders, (HRDs), the FIDH and the OMCT would like to underscore the persistent occurrence of serious human rights violations against human rights defenders in OSCE countries.
The activities of human rights defenders are limited in many countries either by strategies directly implemented by national authorities, or by the failure of States to ensure the protection of HRDs. HRDs’ rights and basic freedoms are muzzled and in particular their rights of association, free expression, as well as their right to demonstrate and assemble peacefully.
The Observatory has to point out that article 12 of the Declaration on Human Rights Defenders voted by the General Assembly of the United Nations on 9 December 1998 creates an obligation whereby States are required to take the necessary measures to ensure the protection of HRDs. Moreover, all of their rights are guaranteed by the Declaration on Human Rights Defenders in addition to the OSCE Copenhagen final Document of 1990.
For year 2003, the Observatory points out that the strategies implemented to muzzle and sanction HRDs involve arbitrary detention, judicial and administrative harassment and attacks on HRDs and NGOs. In this regard, the Observatory is extremely preoccupied by the aggravation of the situation of HRDs in Belarus, as well as in the Russian Federation where obstacles no longer involve restricted access to information in Chechnya but have been extended to cover all active and independent NGOs.
Arbitrary detention
In Uzbekistan, on 26 May 2003, Mr Ruslan Sharipov, a human rights activist, was arrested and detained in the Mirzo-Ulugbek police station in Tashkent. He was officially accused of committing homosexual offences in violation of article 120 of the Code of Criminal Procedure. Once he was forced to acknowledge the offences under torture, Mr Sharipov was sentenced to a prison term of 5 years. In his articles, Mr Sharipov denounced police corruption and the situation of human rights in his country.
On 11 March 2003, in Kazakhstan, Mr Sergei Duvanov editor in chief of the “ Human Rights in Kazakhstan and in the World ” news bulletin was sentenced to three and a half years in prison for raping a minor. He was arrested on 28 October 2002 the day of his departure for the USA where he was due to report on the state of human rights in Kazakhstan. At the end of February 2003 the European Parliament voted a resolution demanding the immediate release of Mr Duvanov.
Professor Yuri Bandazhevsky has been in prison in Belarus for two years. He was sentenced to eight years in prison essentially for criticising the Ministry of Health of embezzling funds that had been earmarked for research into the harmful effects of the Chernobyl disaster. On 7 July 2003, the United Nations Committee on Human Rights declared that the request of Professor Yuri Bandazhevsky and that had been presented by virtue of the additional Protocol to the Pact on Civil and Political Rights was admissible and requested the authorities to provide explanations about the condition of the Professor.
On 15 March 2003, in Chechnya, men who were clearly Russian, armed and masked, kidnapped Mr Imran Ejiev, who was the person in charge of the North Caucasus Bureau at the Information Centre of the Russian-Chechen Friendship Society and the regional co-ordinator of the Moscow Helsinki Group. The kidnapping was apparently related to enquiries conducted by Mr Ejiev with a view to drafting the annual report of the Russian-Chechen Friendship Society on the human rights situation in Chechnya. He was released three days later.
On 28 April 2003, Mrs. Natalia Shabunts President of “ Civil Dignity ” spoke at a meeting in Turkmenistan with representatives of OSCE and criticised the human rights situation in her country. After which, special services agents stood outside her home and tried to arrest her as she was leaving her home for an official OSCE dinner.
Judicial and administrative harassment
On 6 May 2003 in Turkey, the Turkish Human Rights Association and its Ankara section were searched twice. All their equipment was confiscated. The operation was apparently ordered by the State Court of Security as part of a preliminary enquiry and prosecution case for “ aiding an illegal organisation ”.
In January 2003 in Russia, the Military Prosecutor of Saint-Petersburg demanded that the Department of Justice open an enquiry on the activities of the Soldiers’ Mothers from Saint Petersburg. In effect, that month, 24 soldiers deserted and asked the association for help. On 23 June 2003 the enquiry concluded that the activities of these mothers were incompatible with their status. As a result of which, their status had to be changed and then recorded but the recording of the status change was refused on 7 August 2003.
In August 2003, VtslOM the Centre for the Study of Public Opinion in Russia was manhandled by the authorities that decided to appoint a new Board of Trustees made up of civil servants from a number of ministries.
In Kyrgyzstan, the authorities asked the Kyrgyz Committee on Human Rights (KCHR) to re-apply for recognition by the Department of Justice in August. In September the Department of Justice acknowledged the existence of an association called the KCHR with a new self-proclaimed policy bureau visibly close to the government and in so doing ousted Mr Ramazan Dyryldaev re-elected President of the KCHR in May 2003.
Additionally, it appears that the Belarus authorities launched a new almost systematic harassment campaign against human rights defence organisations. Many NGOs were forced to close owing to alleged administrative irregularities namely, “Ratusha”, “Varuta” and the “Youth Christian Union” in April, then in May “ Civil Initiatives ”, “ Kontur ” in July and finally the “ Legal Assistance to Population ” in September.
Furthermore, the NGO “Viasna” is currently the object of legal proceedings seeking to disband the association and that were instigated on 23 September 2003. Viasna is accused, inter alia, of accounting malpractices and of having tried to observe the 2001 Presidential Elections. The association also requested approval to defend the interests and rights of non association members. The fact that many NGOs have been forced to close since the month of April appears to indicate that the authorities decision is a foregone conclusion.
“ The Independent Association for Judicial research ” was warned for representing “Ratusha” during the court hearing during which it was to be disbanded. On 2 July 2003, the “ Belarus Association of Working Women ” was warned further to a violation of rules in seals and the creation of entities not included in their articles of association.
Attacks on NGOs and HRDs
The Observatory notes with concern that the attacks on NGOs have increased. During such attacks, association premises are searched, equipment and information confiscated. Acts of personal aggression are being committed on more and more people especially during demonstrations.
In Kyrgyzstan, on 26 March 2003, former KCHR employees went to their former premises and tried to steal computers and information. They were escorted by men in uniform who may have been from the Ministry of the Interior.
In March 2003, in Armenia, the premises of the Helsinki Citizens Assembly were attacked a few days after the co-ordinator of the NGO announced his intention to organise a public information meeting about the Presidential Elections. He was arrested and sentenced to ten days in prison.
On 23 April 2003, the Azerbaidjan Centre for Human Rights and the Institute for Peace and Democracy, two NGOs were attacked by a group of unidentified assailants. Slightly before, during a State TV broadcast, the Presidents of the NGOs had been declared public enemies, namely Eldar Zeynalov and Leyla Yunus. The newscasters even went so far as to invite viewers to react and Mr Zeynalov’s phone number was disclosed over the air. On 25 April, the Centre for Human Rights was attacked once again apparently by members of the party in power. The self same day a pro-government daily condemned Mr Zeynalov’s activities and accused him of being of Armenian origin.
HRDs in Russia seem to be increasingly the object of attacks. On 14 August, premises of the Memorial organisation in Saint Petersburg were attacked by two men who declared they belonged to the Committee for the Defence of Budanov, a Russian Colonel convicted for kidnapping and rape on a young Chechen girl in the year 2000. After attacking, gagging and sequestering the President of the Association, Mr Vladimir Schnitke, and two employees the men made off with a lap top containing information on association members and Memorial contacts.
On 18 January 2003, six members of the Pyzhi Orthodox Church entered the Sakharov Museum and after voicing their discontent with a number of works of art proceeded to destroy them. The Museum is part of the Museum and Civil Centre for Peace, Progress and Human Rights.
On 11 September 2003, people taking part in a weekly demonstration of the Soldiers’ Mothers in Saint Petersburg were attacked by a group of unidentified assailants and one demonstrator was severely beaten.
In Uzbekistan on 7 May 2003 women protesting against the detention of their husbands, ill treatment and torture were beaten and forced to climb in police cars. Journalists were also attacked and their equipment confiscated. On 8 May a meeting of more than 60 women who were demonstrating against religious persecution was dispersed.
Recommendations:
In view of this situation, the Observatory asks the member States of the OSCE to:
- Commit to putting an end to this recurrent repression phenomenon against Human Rights Defenders,
- Fully recognize the major role of human rights defenders in the building of democracy and the rule of law,
- Conform with the provisions of the final document of Copenhagen (1990) and with those of the Declaration on Human Rights Defenders.
Bearing these goals in mind, the Observatory reiterates its recommendations as regards the adoption of a regional monitoring and follow-up mechanism of protecting human rights defenders. This mechanism should solicit, question, and answer to the States.
Further, this OSCE mechanism (a focal point or a Rapporteur) should also aim at assessing legislations relative to freedom of association.
It will have to work in close partnership with the mandate of the Special Representative of the UN Secretary General on human rights defenders, Mrs. Hina Jilani, who has already exchanged views with the highest OSCE authorities.
The creation of such a mechanism is included in the recommendations of the supplementary meeting on “Human Rights: Advocates and Defenders”, 22 – 23 October 2001. These recommendations have, until now, not received appropriate follow-up action and have therefore not produced concrete results.
This regional mechanism is absolutely necessary to sensitise States and to lead them to respect their commitments and to guarantee the freedom of action of human rights defenders. The OSCE must take into account the appeals of the civil society, all the more so as no improvement has been noticed on the ground as far as HRDs’ freedom of action and association is concerned.
WARSAW – SEPTEMBER 2003
Intervention:
Freedom of association
As part of their joint programme on the Observatory for the Protection of Human Rights Defenders, (HRDs), the FIDH and the OMCT would like to underscore the persistent occurrence of serious human rights violations against human rights defenders in OSCE countries.
The activities of human rights defenders are limited in many countries either by strategies directly implemented by national authorities, or by the failure of States to ensure the protection of HRDs. HRDs’ rights and basic freedoms are muzzled and in particular their rights of association, free expression, as well as their right to demonstrate and assemble peacefully.
The Observatory has to point out that article 12 of the Declaration on Human Rights Defenders voted by the General Assembly of the United Nations on 9 December 1998 creates an obligation whereby States are required to take the necessary measures to ensure the protection of HRDs. Moreover, all of their rights are guaranteed by the Declaration on Human Rights Defenders in addition to the OSCE Copenhagen final Document of 1990.
For year 2003, the Observatory points out that the strategies implemented to muzzle and sanction HRDs involve arbitrary detention, judicial and administrative harassment and attacks on HRDs and NGOs. In this regard, the Observatory is extremely preoccupied by the aggravation of the situation of HRDs in Belarus, as well as in the Russian Federation where obstacles no longer involve restricted access to information in Chechnya but have been extended to cover all active and independent NGOs.
Arbitrary detention
In Uzbekistan, on 26 May 2003, Mr Ruslan Sharipov, a human rights activist, was arrested and detained in the Mirzo-Ulugbek police station in Tashkent. He was officially accused of committing homosexual offences in violation of article 120 of the Code of Criminal Procedure. Once he was forced to acknowledge the offences under torture, Mr Sharipov was sentenced to a prison term of 5 years. In his articles, Mr Sharipov denounced police corruption and the situation of human rights in his country.
On 11 March 2003, in Kazakhstan, Mr Sergei Duvanov editor in chief of the “ Human Rights in Kazakhstan and in the World ” news bulletin was sentenced to three and a half years in prison for raping a minor. He was arrested on 28 October 2002 the day of his departure for the USA where he was due to report on the state of human rights in Kazakhstan. At the end of February 2003 the European Parliament voted a resolution demanding the immediate release of Mr Duvanov.
Professor Yuri Bandazhevsky has been in prison in Belarus for two years. He was sentenced to eight years in prison essentially for criticising the Ministry of Health of embezzling funds that had been earmarked for research into the harmful effects of the Chernobyl disaster. On 7 July 2003, the United Nations Committee on Human Rights declared that the request of Professor Yuri Bandazhevsky and that had been presented by virtue of the additional Protocol to the Pact on Civil and Political Rights was admissible and requested the authorities to provide explanations about the condition of the Professor.
On 15 March 2003, in Chechnya, men who were clearly Russian, armed and masked, kidnapped Mr Imran Ejiev, who was the person in charge of the North Caucasus Bureau at the Information Centre of the Russian-Chechen Friendship Society and the regional co-ordinator of the Moscow Helsinki Group. The kidnapping was apparently related to enquiries conducted by Mr Ejiev with a view to drafting the annual report of the Russian-Chechen Friendship Society on the human rights situation in Chechnya. He was released three days later.
On 28 April 2003, Mrs. Natalia Shabunts President of “ Civil Dignity ” spoke at a meeting in Turkmenistan with representatives of OSCE and criticised the human rights situation in her country. After which, special services agents stood outside her home and tried to arrest her as she was leaving her home for an official OSCE dinner.
Judicial and administrative harassment
On 6 May 2003 in Turkey, the Turkish Human Rights Association and its Ankara section were searched twice. All their equipment was confiscated. The operation was apparently ordered by the State Court of Security as part of a preliminary enquiry and prosecution case for “ aiding an illegal organisation ”.
In January 2003 in Russia, the Military Prosecutor of Saint-Petersburg demanded that the Department of Justice open an enquiry on the activities of the Soldiers’ Mothers from Saint Petersburg. In effect, that month, 24 soldiers deserted and asked the association for help. On 23 June 2003 the enquiry concluded that the activities of these mothers were incompatible with their status. As a result of which, their status had to be changed and then recorded but the recording of the status change was refused on 7 August 2003.
In August 2003, VtslOM the Centre for the Study of Public Opinion in Russia was manhandled by the authorities that decided to appoint a new Board of Trustees made up of civil servants from a number of ministries.
In Kyrgyzstan, the authorities asked the Kyrgyz Committee on Human Rights (KCHR) to re-apply for recognition by the Department of Justice in August. In September the Department of Justice acknowledged the existence of an association called the KCHR with a new self-proclaimed policy bureau visibly close to the government and in so doing ousted Mr Ramazan Dyryldaev re-elected President of the KCHR in May 2003.
Additionally, it appears that the Belarus authorities launched a new almost systematic harassment campaign against human rights defence organisations. Many NGOs were forced to close owing to alleged administrative irregularities namely, “Ratusha”, “Varuta” and the “Youth Christian Union” in April, then in May “ Civil Initiatives ”, “ Kontur ” in July and finally the “ Legal Assistance to Population ” in September.
Furthermore, the NGO “Viasna” is currently the object of legal proceedings seeking to disband the association and that were instigated on 23 September 2003. Viasna is accused, inter alia, of accounting malpractices and of having tried to observe the 2001 Presidential Elections. The association also requested approval to defend the interests and rights of non association members. The fact that many NGOs have been forced to close since the month of April appears to indicate that the authorities decision is a foregone conclusion.
“ The Independent Association for Judicial research ” was warned for representing “Ratusha” during the court hearing during which it was to be disbanded. On 2 July 2003, the “ Belarus Association of Working Women ” was warned further to a violation of rules in seals and the creation of entities not included in their articles of association.
Attacks on NGOs and HRDs
The Observatory notes with concern that the attacks on NGOs have increased. During such attacks, association premises are searched, equipment and information confiscated. Acts of personal aggression are being committed on more and more people especially during demonstrations.
In Kyrgyzstan, on 26 March 2003, former KCHR employees went to their former premises and tried to steal computers and information. They were escorted by men in uniform who may have been from the Ministry of the Interior.
In March 2003, in Armenia, the premises of the Helsinki Citizens Assembly were attacked a few days after the co-ordinator of the NGO announced his intention to organise a public information meeting about the Presidential Elections. He was arrested and sentenced to ten days in prison.
On 23 April 2003, the Azerbaidjan Centre for Human Rights and the Institute for Peace and Democracy, two NGOs were attacked by a group of unidentified assailants. Slightly before, during a State TV broadcast, the Presidents of the NGOs had been declared public enemies, namely Eldar Zeynalov and Leyla Yunus. The newscasters even went so far as to invite viewers to react and Mr Zeynalov’s phone number was disclosed over the air. On 25 April, the Centre for Human Rights was attacked once again apparently by members of the party in power. The self same day a pro-government daily condemned Mr Zeynalov’s activities and accused him of being of Armenian origin.
HRDs in Russia seem to be increasingly the object of attacks. On 14 August, premises of the Memorial organisation in Saint Petersburg were attacked by two men who declared they belonged to the Committee for the Defence of Budanov, a Russian Colonel convicted for kidnapping and rape on a young Chechen girl in the year 2000. After attacking, gagging and sequestering the President of the Association, Mr Vladimir Schnitke, and two employees the men made off with a lap top containing information on association members and Memorial contacts.
On 18 January 2003, six members of the Pyzhi Orthodox Church entered the Sakharov Museum and after voicing their discontent with a number of works of art proceeded to destroy them. The Museum is part of the Museum and Civil Centre for Peace, Progress and Human Rights.
On 11 September 2003, people taking part in a weekly demonstration of the Soldiers’ Mothers in Saint Petersburg were attacked by a group of unidentified assailants and one demonstrator was severely beaten.
In Uzbekistan on 7 May 2003 women protesting against the detention of their husbands, ill treatment and torture were beaten and forced to climb in police cars. Journalists were also attacked and their equipment confiscated. On 8 May a meeting of more than 60 women who were demonstrating against religious persecution was dispersed.
Recommendations:
In view of this situation, the Observatory asks the member States of the OSCE to:
- Commit to putting an end to this recurrent repression phenomenon against Human Rights Defenders,
- Fully recognize the major role of human rights defenders in the building of democracy and the rule of law,
- Conform with the provisions of the final document of Copenhagen (1990) and with those of the Declaration on Human Rights Defenders.
Bearing these goals in mind, the Observatory reiterates its recommendations as regards the adoption of a regional monitoring and follow-up mechanism of protecting human rights defenders. This mechanism should solicit, question, and answer to the States.
Further, this OSCE mechanism (a focal point or a Rapporteur) should also aim at assessing legislations relative to freedom of association.
It will have to work in close partnership with the mandate of the Special Representative of the UN Secretary General on human rights defenders, Mrs. Hina Jilani, who has already exchanged views with the highest OSCE authorities.
The creation of such a mechanism is included in the recommendations of the supplementary meeting on “Human Rights: Advocates and Defenders”, 22 – 23 October 2001. These recommendations have, until now, not received appropriate follow-up action and have therefore not produced concrete results.
This regional mechanism is absolutely necessary to sensitise States and to lead them to respect their commitments and to guarantee the freedom of action of human rights defenders. The OSCE must take into account the appeals of the civil society, all the more so as no improvement has been noticed on the ground as far as HRDs’ freedom of action and association is concerned.