02.11.01
Urgent Interventions

The Observatory October 2001 newsletter

THE OBSERVATORY - Newsletter 6
October 2001


AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
13-27 October 2001 - Intervention by the Observatory on point 7K
"Situation of Defenders of Human Rights"

The Observatory reminded members of the African Commission on Human and Peoples' Rights of the persistence of grave human rights violations against human rights defenders on the African continent. The Observatory reiterated its request to member states of the African Commission to commitment themselves to doing their utmost to put an end to the continued phenomenon of repression and to recognize the important rôle of human rights defenders by adopting, during the session, a regional mechanism for the protection of defenders.


ALGERIA
Freedom of movement / Libel Campaign
October 30th 2001 – DZA 003 /0005/ OBS 047.02

Mr. Mohammed Smaïn, head of the Relizane section of the Algerian League for the Defence of Human Rights (LADDH), was summoned to the Relizane gendarmerie where, in application of the judicial control order against him in February 2001, he was requested to «refrain from venturing beyond the city boundaries". This warning seems to be linked to the support by the LADDH to the EGER workers who had been on a hunger strike since October 15. Mr. Smaïn was also recently the object of a libel campaign in the regional newspaper «L’Echo d’Oran». He continues to be deprived of his identity documents and driving license that were taken from him in February 2001.


COLOMBIA
Murder
October 11th 2001 – COL 017 / 0110 / OBS 084

Mr. Gustavo Soler Mora, president of the multinational Drummond’s Workers' Union, and President of the National Union for the Mining and Energy Industry (SINTRAMINERGETICA) was killed on October 6th 2001. When travelling from Valledupar to Chiriguaná, he was taken out of the public bus by armed men believed to be members of a paramilitary force and was forced into their private vehicle. His body was found the day after in the small village of Rincon Hondo, District of Chiriguaná, with two bullets holes in his head. Mr. Soler is the third member of the Drummond’s Workers' Union to be assassinated this year after Mr. Valmore Locarno and Mr. Víctor Hugo Orcasita, respectively President and Vice-President who were killed in March.


COLOMBIA
Violence against human rights defenders / Impunity
Visit of Mrs. Hina Jilani to Colombia
October 22nd 2001 – Press release

The Observatory welcomed the visit to Colombia by Ms Hina Jilani, Special Representative of the UN Secretary General on Human Rights Defenders and reiterated its full support of her work. The current climate of insecurity and impunity has reached hitherto unprecedented levels. Furthermore, the high number of extra-judicial executions and the fact that they often remain unpunished is an increasing source of concern.
Since its last Mission Report published in October 2000, the Observatory has launched 26 urgent appeals concerning cases of murder, harassment and threats against human rights activists (trade unionists, women’s organizations, etc.).


COLOMBIA
Murder / Arbitrary detention / Harassment / Threats
October 24th 2001 – COL 018 / 0110 / OBS 087

M. Luis Manuel Anaya Aguas, treasurer of the Santander Drivers and Workers Union (SINCONTRAINDER) was killed on October 16th in Barrancabermeja. Three days later, the President of the Union, M. Luis Lopez was also killed. Mr Julian Rordiguez, a member of the Human Rights Regional Corporation (CREDHOS) was also killed on 17th September. As well as these murders, six members of the Workers Union Syndicate (USO) leadership were arbitrarily detained on 19th October and accused of fomenting «rebellion» in different parts of the country following a day of protest against the threats and harassment by the ECOPETROL, organised by USO. They are: Jairo Calderón, Alonso Martínez, Luis Eduardo Viana, Ramon Rangel, Edgar Mojica Vanegas y Fernando Acuña. Members of the Permanent Committee for the Defence of the Human Rights (COMPERD), Luis Jairo Ramirez, Ernesto Amezquita Camacho and Mrs. Jahel Quiroga received renewed threats and members of the National Association for Solidary Assistance (ANDAS) in Cartagena, Manuel de la Rosa and Rigoberto Jimenez were also harassed.


DEMOCRATIC REPUBLIC OF CONGO
Torture / Threats
October 25th 2000 – RDC 008 / 0110 / OBS 089

Mr. Hangi Bin Talent, a collaborator of the African Association for Human Rights (ASADHO) in Beni, in charge of a radio programme on Human Rights, was arrested on October 4th 2001 by agents of the Congolese Rally for Democracy/Liberation Movement (RCD/ML), who control the North-Kivu region. He was taken to the Congolese Intelligence Agency where he was interrogated for four hours during which time he was whipped. He was released the same day and ordered «not to mess with politics again». He is now living under permanent surveillance by the RCD/ML and has been forced to go underground, moving house every day. Mr. Talent had, the day before, criticized the General Secretary of the RCD/ML, Kolosso Sumaili, and called for an inquiry into the atrocities allegedly committed by the RCD.


GAMBIA
Arbitrary arrest
Open letter to the President
Press Release
Mr. Mohammed Lamin Sylla, director of Amnesty International in Gambia and Secretary General of the Coalition of Human Rights Defenders, was arbitrarily arrested on October 22nd 2001 by the National Intelligence Agency (NIA) and detained incommunicado for 5 days. He was released on bail on the 26th October but has to report to the NIA every day. He was arrested in connection with an interview given to the BBC and is allegedly suspected of preparing a coup d’état in the context of the next presidential elections.


GUATEMALA
Threats / Harassment
GTM 003 / 0110 / OBS 083

On September 10th 2001, four occupants of a vehicle attempted to provoke an accident involving a car bearing the Casa Alianza logo in which M. Héctor Dionisio Godinez, coordinator of the Casa Alianza legal aid programme, and other colleagues, were travelling. That same day and the following days, he received anonymous threatening calls. On September 26th two men tried to steal his office car which was parked outside the Casa Alianza legal department. Casa Alianza reported these threats, which are in connection with mounting pressure on the government to pay compensation in the case of 5 street children tortured and killed by police officers in 1990, to the Guatemalan authorities.


GUATEMALA
Harassment / Ransacking
GTM 004 / 0110 / OBS 088

On October 2nd 2001, the apartment of Ms. Matilde González, a researcher at the Association for the Advancement of the Social Sciences (AVANCSO) was ransacked while she was travelling. Material such as pictures and computer files, linked to her latest investigations on the army and the use of former military and Civil Auto-Defense Patrols (PAC) to control the civil population, was stolen. She was stalked by unknown people on October 7th as she was shopping with one of her daughters, and again on October 9th as she was leaving her office,


IRAN
Judicial proceedings
15 October 2001 – IRN 004 / 01012 / OBS 125.1

The trial of Mr. Nasser Zarafchan, lawyer of Mrs Sima Pouhandeh, widow of Mohammed Djafar Pouhandeh, (writer and human rights defender killed by the secret services in December 1998) was due to take place on October 16th 2001 before the Teheran Military Court. His defence was only informed of the trial on October 10th 2001. The trial has now been postponed until November 3rd 2001.
Mr. Zarafchan is accused of having revealed procedural flaws in the trial of the political murders that ended on January 20th 2001. He was arrested on December 9th 2000 following his declarations and released on bail in January 2001. The absence of conditions guarantee a fair trial is a source of deep concern, bearing in mind that two human rights defenders have recently been sentenced to prison after being charged with defamation and subversion. On 13 October, Ms Fatemeh Govaraei, journalist and women’s rights activist, was condemned to 6 months in prison and 50 whip lashes for libel and on 11th October Mr. Khosrow Kordpour, a political activist, was condemned to 8 years in prison for «subversive activities».


KYRGYZSTAN
Condemnation / Unfair trail / Attack
October 11th 2001 – KGZ 001 / 0106 / 052.1

On September 17th 2001 Mr. Kadyrbekov, member of the Kyrgyz Committee for Human Rights 8KCHR) in Jalal-Abad, was condemned to three years in prison, charged with «hooliganism» and «use of violence and resistance to the authorities», after what is considered to have been an unfair trial, in which evidence was falsified and the defence rights violated. He has not been imprisoned but is assigned to his residence. On October 7th 2001, several people thought to belong to the militia burst into Mr. Kadyrbekov's house in Suzak, beat him up and ordered him to stop his activities as a human rights defender.


MEXICO
Harassment
18 October 2001, MEX 004 / 0110 / OBS 085

Marina Patricia Jiménez Ramírez, director of the Fray Bartolomé de Las Casas Human Rights Centre, has been subjected to harassment for several weeks. Unknown individuals have tried by several means to obtain information on her day-to-day activities and travel dates. On October 11th 2001 someone called at her office, claiming to be Heriberto Velasco, a well-known journalist, seeking information about her. The employees of the Centre did not divulge any information as they discovered his false identity. On October 9th and 17th 2001, two individuals went to her travel agent inquiring about her flight details. Consequently, on 15th October 2001 the Centre requested the National Commission for Human Rights take measures to guarantee their physical and psychological integrity.


MEXICO
Murder / Harassment
Open letter to the President
24th October 2001

Ms Digna Ochoa y Placido, head of the Legal Department of the Human Rights Centre Miguel Agustín Pro-Juarez (PRODH) and eminent Human Rights Defender was shot dead in Mexico on October 19th 2001. The Observatory has on several occasions, and particularly in 1999, pointed out in its appeals the threats and harassment to which she was subjected, and had called for an investigation and protection. On November 17th 1999 the Inter-American Commission for Human Rights requested the Government to take measures to protect Ms Ochoa. These measures were lifted in August 2001 at the request of the Government, because there had not been any recent threats. It should be noted that Ms Ochoa had been abroad for a long time; she only returned in April and the threats had recently started again.


ORGANISATION FOR SECURITY AND COOPERATION IN EUROPE
22-23 October 2001 - Statement to the Meeting by the Observatory
"Human Rights : Advocates and Defenders"

The Observatory presented an analysis of the situation of defenders in the OSCE zone and submitted several recommendations to the States in the region and to the OSCE. In particular, the Observatory requested the creation of a mechanism for follow-up and protection within the framework of the OSCE to react to the seriousness of repression of defenders, be it legal, statutory, judicial, administrative or by the police.


RUSSIA
Death threats
October 22nd 2001 – RUS 002/0110/OBS 086

Ms Anna Politkovskaia, a Russian journalist working with the Novaia Gazetta, is currently living in exile in Austria following a campaign of threats and harassment related to her coverage of human rights abuses by Russian troops in Chechnya. On September 10th 2001 she allegedly received death threats from a Russian officer named Serguei Lapin after revealing in an article that he was involved in atrocities against Chechen civilians. She had already been detained in the war zone for having «failed to respect» the rules imposed on journalists operating in Chechnya.


TUNISIA
Intimidation / Aggression
11 October 2001 – Letter to the authorities

On 29th September 2001, police officers seized Jérôme Bellion-Jourdan and Philip Luther, members of Amnesty International who had been sent as independent observers to the appeal trial of Dr. Marzouki, and forced them into au unregistered car. They had just had a meeting with a Tunisian human rights defender. One of them was physically assaulted by one of the officers. Before their release, their personal belongings, computers and files were confiscated


TURKEY
Judicial proceedings against an NGO
October 23 2001 – TUR 006/0109/OBS 074.1

Two different procedures have been launched almost simultaneously against the Rehabilitation Centre of the Human Rights Foundation of Turkey (HRFT) in Diyarbakir in view of its closing. The first one took place on October 19th 2001 at the State Security Court, the second was initiated by the Emergency State Region (ESR) Governor who has ordered the closing of the Centre, on the basis of Decree 285 which is a decision of an administrative nature and is therefore not subject to an appeal. Moreover, two doctors, who are also civil servants, working with the Centre, have been forced to leave Diyarbakir and work in a rural area.


VIETNAM
Condemnation / Detention
October 24 2001 – VTN 001 / 0105 / 042.1

On October 19th 2001, Father Nguyen Van Ly, defender of the freedom of religion in Vietnam, was condemned to 15 years in prison by the Thua-Thien-Hue Popular Tribunal under the charges of «sabotage of national solidarity» and «lack of respect of his assignment to residence» for having transmitted a report on religious liberty to the American Congress on February 2001. His procedural rights were not respected during the trial.


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Paris – Geneva, 31 October 2001

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