05.09.03
Urgent Interventions

The Observatory - Newsletter July - August 2003

The Observatory - Newsletter No. 23
July-August 2003


July 2003

ALGERIA - Obstacles to liberty of demonstration / Arrests
July 10th 2003 - DZA 002 / 0703 / OBS 064.01

Several mothers of disappeared were arrested on July 9th in Oran
during the weekly assembly of the families of disappeared in front of
the law Court, in which participated approximately 70 persons. Mrs
Boutaiba Setti, representative of the Committee SOS disappeared of
the wilaya of Oran, was interviewed by a journalist and then was ill-
treated and embarked by force in a car by an officer in civilian
belonging to security services.
Mrs Bouguetaya Yakout, her daughter, Mrs Boussekak Yamina, and 3
other mothers of disappeared were also arrested and conducted to the
central commissionership. They were finally released but were
convened on July 12th to the central commissionership and to be
presented to the public prosecutor's department for "confusion in the
law and order".

GUATEMALA - Threats
July 10th 2003 - GTM 002 / 0603 / OBS 028.1

After the murder on June 11th 2003, of the auxiliary of the
Procuraduría de los Derechos
Humanos de Guatemala (PDH) in Chimaltenango, Mr. Jose Israel Lopez
Lopez, Mrs Thelma Peláez, district attorney who investigates the
case, received threats on June 19th and 23rd, with the clear object
to dissuade her from continuing this investigation. Moreover, Élmer
War, Waldemar Barrera, Alex Toro and Luis Ramos, regional delegates
of this institution, were object of serious threats because of their
activities of defence of human rights.

HONDURAS - Murder/ Threats/ Attacks
July 23rd 2003 - HND 002 / 0703 / OBS035

On July 18th, Mr. Reyes, Promotor de la Pastora Social del Medio
Ambiente de la Iglesia Católica of Olancho, returned to his house
around 8 p.m. Then, he went out for the patio where he received 6
shots. Apparently, three strongly armed men fled of the place for a
channel that goes up to the river of the locality.
The same day, in Catacamas (Olancho's Department), Father Osmin
Flores, who belongs to the movement of environmental protection and
who has been threatened several times, was object of alertness and
harassment from armed men who were parked opposite to the House Cural
in the Parish Holy Tomás. On July 14th, another community figure of
the environmental protection who fights against the deforestation, Mr
Gilberto Flores, was object of an attempt of murder in front of the
offices of the Social Pastoral in Juticalpa.

INDONESIA - Attack / Threats / Arbitrary detention
July 3rd 2003 - IDN 001/0503/OBS 026.1

On June 28th, the office of the Legal Aid Institution (LBH) was
attacked by security forces in Banda Aceh, Province of Aceh. Seven
members of the security forces entered the LBH office where they met
its director, Mr. Darmi and asked him where Asiah, the coordinator of
the investigation division of NGO Kontras Aceh, was. They left after
Mr. Darmi informed them that Kontras, who had previously shared an
office with LBH-Aceh, had recently moved to another office. Later on,
having failed to locate Mr. Darmi and Mr. Syarifah Murlina, a lawyer
from LBH's litigation staff, the same group of men entered the LBH
office again and carried out a search. They kicked down the door of
the litigation room and threw down books from the shelf. They tried
in vain to force open the filing cabinet in the database room. They
threatened to return later on.

MAURITANIA - Breach of the independence of the Bar
July 15th 2003 - MAU 001/0703/OBS 033

On July 7th, the President of the Bar, Mr. Mahfoudh Ould Bettah was
suspended by the Council of the Order of Mauritania for a duration of
3 years. In spite of operations from partisans of the authorities,
Mr. Bettah, President of the Bar for more than 12 years had been re-
elected in the absolute majority on June 27th 2002 in Nouakchott.
This vote was invalidated, in violation of the Mauritanian penal code
of procedure, and a second tour was organized by the authorities.
Pressures were exercised on lawyers and the partisans of Mr. Bettah
preferred not to take part in the vote, disputing the irregularities
of the procedure. On December 16th 2002, a president of the Bar,
close to the power, was officially recognized by the general public
prosecutor's department.

MOROCCO - New condemnation of a Sahraoui activist
Press release - July 4th 2003

On June 25th, Mr. Dkhil El Moussaoui, member of the Forum Vérité et
Justice (FVJ), was condemned by the Court of appeal of Laâyoun to one
year of detention and 5000 dirhams of fine for " incitation to
confusion to Law and Order". This condemnation happened indeed, in a
context of continuous harassment of the members of FVJ / Sahara
Section.

SUDAN - Arbitrary arrests / Disappearance / Freedom of expression
July 4th 2003 - SDN 001/ 0603 / OBS 031

On July 2nd, Mr. Gazi Suliman, lawyer and Chairperson of the Sudan
Human Rights Group was arrested from his home by a number of
individuals from the National Security Agency (NSA). He was then
transported to the NSA Political section where he was questioned
about the Khartoum Declaration (E'laan El Khartoum') and the press
conference that was scheduled to be held at his office later that day
to officially announce the signing of this declaration. However, NSA
officers surrounded the office in an attempt to prevent the press
conference from taking place, detaining all those who were present
for one hour before transferring them to NSA headquarters and
releasing them later on in the day. Following two hours of
interrogation, Mr. Suliman returned to his home before he was taken
away once more by NSA officers. He was released on 15th July.



TUNISIA - The independence of Tunisian justice in danger
Press release - July 7th 2003
Press release - July 10th 2003

After several hearings to which the Observatory had mandated an
observer jointly with the International Commission of Jurist and
Lawyers without Borders- Belgium, the Court of Appeal of Tunis has
acceded on the 8th of July to the demand of the six lawyers members
of the RCD, party in power, in order to obtain the retroactive
cancellation of the call to the strike lunched on the 2nd of February
2002 by the national Council of the order of lawyers of Tunisia. This
call to strike was aimed at demonstrating against the several
irregularities occurred during the trial of the head of the labour
communist party and against the violence perpetrated against lawyers
and observer on this specific occasion. This decision constitute a
very serious precedent, aiming obviously at controlling a Bar judged
to independent and forbidden them the right to strike.


TUNISIA - Obstacles to freedom of meeting / Attack
July 15th 2003 - TUN 002 / 0703 / OBS 033

On July 13th, numerous policemen prevented a reception organized by
the Tunisian league of free writers (not recognized), on the occasion
of the second birthday of the association. The policemen stopped the
guests in a street approximately 20 metres of the place of residence
of Mr. Jalloul Azzouna, writer and President of the league, where the
reception had to take place, obliging therefore all the guests to
turn back. Arrived a bit later, Mrs Nasraoui and Mr Azzouna managed
to cross the dam. However, while Mrs Nasraoui came down from her car,
the men in civilian pushed her against a wall and violently struck
her. Mr Azzouna, who tried to defend her was ill-treated in the rush
which followed. Mrs Nasraoui, who suffers from bruises in arms was in
medical vacation for six days and decided to raise a complaint.
TURKEY - Threats
July 10th 2003 - TUR 001/0703/OBS 032

On July 8th, Mr. Ridvan Kizgin, Chairman of the Bingöl Branch of the
Human Rights Association (IHD), received a call on his mobile phone
by a person who introduced herself as the Provincial Commissioner for
Police Regiment and asked Mr. Kizgin to report to the Provincial
Commissionership. The reason invoked was that one of his statements
on human rights violations were false. He was asked not to make new
statements before he has talked to the Provincial Commissioner and to
explain to the press and public opinion that human rights violations
denounced were not representing the reality. Mr. Kizgin refused to go
to the commissionership. On July 9th, Mr. Kizgin was called again on
his mobile phone. The person on the phone said that the commissioner
wanted to see him and asked him to come to the commissionership to
withdraw his statements on human rights violations and to make a new
statement that these allegations were not correct. Mr. Kizgin refused
again and condemned the method used by the provincial authorities.


August 2003

BELARUS - Restrictions to freedom of association
August 8th 2003 - Open letter to the authorities

On 16 April 2003, the President of the Republic signed Decree No. 13
restricting the possibility for NGOs to represent physical persons in
civil trials. Moreover, an increasing number of NGOs are liquidated
for alleged administrative irregularities. This was the case in April
for "Ratuha", "Varuta" and "Youth Christian Union", in May for "Civil
Initiatives" and for "Kontur" in July. On 2 August, judicial
proceedings started for the liquidation of "Legal Assistance to
Population".
Moreover, "Viasna", a Human Rights NGO, has also lately experienced
check-ups, or threats of check-ups, of five of its offices.
In July the Justice Board of Minsk City Executive issued a warning to
the local Human Rights NGO "Independent Association of Juridical
Research", because it had represented the interests of "Ratusha"
during the liquidation trial.
On 29 July, the "Belarus Organisation of Working Women" was also
warned for violation of the rules concerning production and keeping
of seals, and creation of bodies that were not mentioned in its
Statutes.
Finally, Professor Yuri Bandazhevski remains in prison. On 7 July ,
the UN Human Rights Committee declared that Mr Bandazhevsky's
communication for consideration under the Optional Protocol to the
International Covenant on Civil and Political Rights was admissible.
Furthermore, the Committee requested the State of Belarus to submit
written explanations clarifying the matter.

CAMEROON - Arbitrary detention/ Liberations/ Threats
August 13th 2003 - CMR 001/ 0803 /OBS 039
August 14th 2003 - CMR 001/ 0803/OBS 039.1

On the 11th of August, Mr. Blaise Yacoubou and Mr. Aminou Mohamadou,
members of the Movement for the Defence of Human Rights and Freedoms
(MDDHL) were arrested and detained. On the 10th of August, there were
summoned to the enquiry forces of Maroua in order to get back their
identity cards which had been confiscated the 30th of April while
they were on a mission in Ndoukoula. However, on the 11th of August,
they were informed that they were looked after since several months
and were considered as being in flight. Mr. Blaise Yacoubou and Mr.
Aminou Mohamadou were eventually released on August 14, but they were
in a very precarious health condition following their very bad
imprisonment conditions. Their arrest took place after instructions
were given by the Prosecutor of the Republic to the Courts of Diamare
Province, who officially ordered all police officers to arrest any
human rights defender present in his district.

CHINA- Arbitrary detention/ Judicial proceedings
August 22nd 2003- CHN 001/ 0803/ OBS 041
August 26th 2003- CHN 001/0803/OBS 041.1
August 29th 2003- CHN 001/0803/OBS 041.2

A formal public prosecution was opened against Mr. Zheng Enchong, a
Shanghai lawyer involved in the defence of economic and social rights
of displaced persons, on charges of illegally obtaining state
secrets. According to the information received, Mr. Zheng Enchong was
arrested on June 6, after assisting displaced families in more than
500 cases relating to Shanghai's urban redevelopment projects. He is
currently detained at the Shanghai Public Security Bureau Detention
Center. During his secret trial on the 28th of August, 100 protesters
were arrested. The verdict will be given beginning of September.

COLOMBIA - Arbitrary arrest
August 6th 2003 - COL 002 / 0803 / OBS 037

In the night of July 30th, the lawyer Teresa de Jesus Cedeño Galíndez
was detained in Bogota, when she was in a public establishment. She
was immediately transferred
to the General District attorney's office of the State and accused of
"procedural fraud". According to the information received, the
detention of Mrs. Cedeño Galíndez took
place without the total fulfilment of the legal formalities. In the
morning of August 1st, Mrs. Cedeño Galíndez was hospitalized due to
her precarious conditions of health,
leaving her in total lack of communication with her family, her
colleagues and her lawyers. On August 2nd, she was transferred to the
women's national jail "El Buen Pastor".

COLOMBIA- Threats / Kidnapping
August 19th 2003 - COL 003/0803/OBS 040

On the 15th of August 2003, Mr. Mauricio Alvarez, Mr. Víctor Jaimes,
Mr. Juvencio Sieja and Mr. Elkin Menco, board members of the Unión
Sindical Obrera (USO) de los
Trabajadores del Petróleo, in Barrancabermeja ( Department of
Santander) received serious death threats. These threats came from an
armed group named M.D.U : Muerte
a Dirigentes de la Unión Sindical Obrera (Death to USO leaders).
These kind of deaths threats are part of a context of kidnapping,
threats, designation, persecution and
criminalization of trade unions activities occurring since several
years against USO.

GUATEMALA - Threats/ Intimidations
August 13th 2003- GTM 003 / 0803 / OBS 038

From the 26th of July to the 8th of August 2003, the offices and the
employees of the Fundacion Rigoberta Menchú Tum (FRMT) in particular
the foundation's director, Mr.
Gustavo Meoño Brenner, were harassed by means of an intimidating
control operation by armed men dressed in uniforms belonging to a
private security agency. A
complaint was lodged at the Public Ministry and at the Human Rights
Prosecutor, respectively on the 6th and 7th of August.
On the 8th of August, Mrs. Rigoberta Menchú Tum, chairman of the
FRMT, was followed by a white pick up to the Foundation's office. At
a certain point, the pick up tried to
hit Mrs. Menchù's car. Moreover, on the 8th of August 2003, at 21h25
in the evening, Mr. Francisco Menchú, in charge of the security at
the FRMT, was assaulted by
individuals in a white taxi driving very fast and which stopped next
to him in order to get him into the taxi. After being beaten, the
individuals took him his purse and his
papers.

GUATEMALA- Threats
August 14th 2003 - Open letter

The Observatory for the Protection of Human Rights Defenders notes
with concern that repression of human rights defenders in Guatemala
has intensified over the past few
months. On the 12th of August 2003, a certain numbers of social
organisations received a letter by an unidentified group in which the
work of the human rights
organisations were discredited and some known human rights defenders
were threatened to death, including Rigoberta Menchú Tum, as well as
journalists and other
representatives of the Frente Civico por la Democracia.

GUATEMALA- Attack / robbery/ aggression
August 28th 2003- GTM 002/0603/OBS 028.2

On August 28th 2003, the main office of the Procuraduría de los
Derechos Humanos de Guatemala (PDH) was broken into, by a group of
unidentified men who destroyed
materials and important documentations, stole two computers and hard
discs and who moreover soiled the office with faeces. According to
the information received, this
aggression is related to the important work realised by the
Procuraduría de los Derechos Humanos de Guatemala, which investigated
on several cases of human rights
violation in which the implication of some government officials were
denounced.

GUINEA BISSAU - Threats
August 4th 2003 - GNB 002 / 0803 / OBS 036

On July 9th, during a radio broadcast, Mr. Joao Vaz Mane, Vice-
president of the League of Human Rights of Guinea Bissau (LGDH)
denounced the criminal schemes of
some policemen. During a press conference given on July 14th onto the
activities of the police, Mr. Bitchofla Na Fafé, General Police
Commissioner publicly discredited the
activities of the league and openly announced his will to open
judicial procedures against Mr. Vaz Mane. These threats intervene in
a pre-electoral context where the work of
the representatives of the civil society is ceaselessly denigrated by
the national authorities.

LAOS- Restrictions to freedom of association
August 20th 2003- Open letter to the authorities

The Observatory sent an open letter to the Laos authorities
expressing its concern in the serious restrictions of freedom of
expression, demonstration and association in
Laos. Especially, any person daring to express its opinions contrary
to the officials positions and to ask for democratic reforms, risks
systematically to be arrested and
detained. The Observatory has thus express its preoccupations regards
the fate of several persons still detained after having demonstrated
in 1999, as well as many
persons who have disappeared after their arrests in similar
conditions in 2000 and 2001.
Moreover, there is still no possibility of establishing human rights
defence groups in Laos. Although the Constitution provides citizens
with the right to organize and join
associations, this right is severely restricted in practice. The
Government registers and controls all associations and prohibits
associations that criticize it. In the economic
and social field, trade union freedom does still not exist, the only
trade unions being controlled by the State.

LEBANON - Arrest/ Detention
August 13th 2003 - 001/ 0005/ OBS 33.01

On August 8th, Mr. Muhamad Mugraby, a lawyer inscribed at the Bar of
Beirut and human rights defender especially acknowledged for his
engagement against corruption
in the Lebanese judiciary circle, was arrested. The general attorney
had ordered his arrest following a complaint from the lawyers order
of Beirut, accusing him of having
misused his lawyer title. According to Lebanese law, this infraction
can be sanctioned with 6 months to 3 years imprisonment. He was
eventually released on August 29th.
The proceeding is still pending.

MALAYSIA - Restrictions to freedom of movement
August 20th - Open letter

On August 18th, Ms. Cynthia Gabriel, Executive Director of the human
rights organization Suara Rakyat Malaysia (SUARAM), was denied entry
into Sarawak by
Immigration officers at Miri Airport. Ms. Cynthia Gabriel was to
attend a workshop entitled "Workshop on Globalisation and its Impacts
on Indigenous Peoples in Malaysia"
in Miri, Sarawak. Immigration officers at the airport told Ms.
Gabriel that she was denied entry as her name was blacklisted. She
was given no information on this black list
nor the reason why she was on the list. She had to take a flight back
to Kuala Lumpur a few hours later.

RUSSIAN FEDERATION - NGO assault / Physical attacks
August 26th 2003 - RUS 001/ 0803/ OBS 042

On 14 August 2003, the office of the human rights organisation
Memorial Saint Petersburg and its staff was attacked. According to
the information received, a young man
arrived at the Memorial office, allegedly looking for those in charge
of the anti-fascist commission. As this commission was not available,
he came back later on with
another man and they threatened a member of staff with hammers.
After, they seized the Chairman's laptop computer and his mobile
phone. Mr. Vladimir Schnitke and a
third member of staff were then gagged, their hands tied up, and were
locked up in the closet. They were released later on that day, after
a visitor called the police. The two
men also stole Mr. Schnitke's pocket computer, his diary and his
address book.

UZBEKISTAN - Condemnation
August 19th 2003 - UZB 002/ 0503/ OBS 025.1

Mr. Ruslan Sharipov, an Uzbek human rights activist and independent
journalist notably involved in the denunciation of corruption, was
sentenced on August 13th 2003, to five and a half years imprisonment
for among other charges, homosexuality and sexual relations with
minor.
Mr. Sharipov, who had claimed his innocence from the very beginning
of the procedure, has "confessed" all the crimes he was accused of,
during the hearing, visibly under physical and psychological pressure
from the militia and judicial authorities.