detention of HRD
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India: UN body petitioned over ongoing detention of prominent Kashmiri human rights defender
On the first-year anniversary of prominent Kashmiri human rights defender Khurram Parvez’s arrest and detention, four human rights organisations have submitted a complaint to the United Nations (UN) Working Group on Arbitrary Detention.
“The detention of Khurram Parvez carries all the signs of an arbitrary detention in clear breach of binding legal standards the Indian State has committed to respect. For over a year, domestic courts have failed to uphold the rule of law and international law. This is why we are seizing the UN Working Group on Arbitrary Detention to issue a ruling on the arbitrariness of Khurram’s detention, and to demand the Indian authorities release him,” said OMCT Secretary General Gerald Staberock.
Khurram Parvez has worked tirelessly to document human rights violations in Jammu and Kashmir for the past 20 years. He is the Coordinator of the Jammu and Kashmir Coalition of Civil Society (JKCCS) and the Association of Parents of Disappeared Persons (APDP), and the Chairperson of the Asian Federation Against Involuntary Disappearances (AFAD). Mr Parvez is also a distinguished scholar with the political conflict, gender, and people’s rights initiative at the Center for Race and Gender at University of California, Berkeley.
“In addition to being arbitrarily detained for a year, Khurram Parvez faces a possible life sentence and the death penalty in a blatant act of reprisal for his legitimate and peaceful human rights activities. Khurram ought not to have spent a single minute behind bars and should be compensated for his prolonged and unjust deprivation of liberty,” said FIDH President Alice Mogwe.
Khurram Parvez was arbitrarily arrested on November 22, 2021 by National Investigation Agency (NIA) officers following 14-hour raids on his house and the JKCCS office in Srinagar, during which his electronic devices and several documents were seized. Mr Parvez has since been prosecuted under multiple trumped-up charges related to criminal conspiracy and terrorism, and his fundamental rights to due process and a fair trial have constantly been violated.
The rights groups reiterate their calls for the immediate and unconditional release of Mr Parvez and for all charges against him to be dropped.
Press contacts:
FIDH: Raphaël Lopoukhine, PR and editorial manager, , +33 6 72 28 42 94
OMCT: Iolanda Jaquemet, Director of Communications, , +41 79 539 41 06
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Signatories:
Asian Forum for Human Rights and Development (FORUM-ASIA)
CIVICUS: World Alliance for Citizen Participation
FIDH (International Federation for Human Rights), within the framework of the Observatory for the Protection of Human Rights Defenders
World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
Civic space in India is rated as "Repressed" by the CIVICUS Monitor
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KAZAKHSTAN: ‘The quarantine became a sort of cover for the government to persecute civil society’
CIVICUS speaks to Asya Tulesova, anenvironmental and civic rights defender from Kazakhstan. On 8 June 2020, Asya was arrested and detained after taking part in apeaceful rally in thecity of Almaty. She was released on 12 August 2020, but with restrictions on her freedom. Asya was profiled in CIVICUS’s#StandAsMyWitness campaign, launched on Nelson Mandela Day, 18 July, to call for the release of human rights defenders who areimprisoned, persecuted, or harassed for standing up for freedom, rights and democracy and calling out corrupt governments and multinational companies.
Would you tell us about your background and your environmental activism?
For the past few years, I have worked for a civil society organisation, the Common Sense Civic Foundation, that focuses on community development. We work on environmental and educational projects aimed at improving the quality of life of local communities. In 2015 we launched our air quality monitoring project in Almaty with the aim of giving give people access to free, up-to-date air quality information in the city. The project had a considerable effect on people's understanding of the importance of the issue.
As I realised that air quality is a political issue, I tried running for the local council. However, my candidature was withdrawn due to minor discrepancies in my tax income declaration. This same reasoning was used to take down hundreds of independent self-nominated candidates all over Kazakhstan. We sued the central election commission but were unable to persuade the court to restore my candidacy regardless of the fact that we had all the evidence to support my case. My case is now being considered by the United Nations Human Rights Committee.
We continued our environmental activism by publishing articles, doing research on air pollution, participating in public events and organising public talks on the issue. In April 2019 my companion, activist Beibarys Tolymbekov, and I were arrested for holding a banner at the annual Almaty marathon; our friends Aidos Nurbolatov, Aigul Nurbolatova and Suinbike Suleimenova were fined for filming us holding the banner. As a part of a young activist movement, we wanted to draw people’s attention to the unfairness of the upcoming presidential elections and the lack of independent candidates. Beibarys and I received 15 days of administrative arrest; while under arrest I went on a hunger strike to protest against the court’s decision, and at some point I was punched in the stomach by my cellmate for refusing to comply with her demands to end my hunger strike. Our detention resulted in a series of protests around the country and a rise of youth political engagement. We continue our work in the hope that our efforts will bring more independent candidates to the elections.
Being an activist in Kazakhstan is associated with a certain degree of constant pressure from the government and so-called law enforcement authorities. Many activists and human rights defenders, as well as journalists, live under intense scrutiny and are under constant surveillance and intimidation by or on behalf of law enforcement agencies.
What happened during the protest in June 2020 that led to your arrest?
During the protest on 6 June 2020 I witnessed police brutality towards peaceful protesters. This wasn’t the first time; every ‘unauthorised’ peaceful rally we have had so far has been accompanied by the excessive use of force by the police. But this time, I decided to stand in front of one of the police vans filled with people unlawfully detained by the police in an attempt to prevent the van from leaving. I was attacked by several officers, who dragged me away from the van and, after I attempted to return, pushed me down to the ground. In such emotional state, I then knocked off a police officer’s cap in protest against the unlawful police actions and detention of peaceful protesters. It’s hard to articulate what was going through my head at that moment. I was definitely in a state of shock.
This was captured on video, and I was charged with “publicly insulting a representative of the authorities” under Article 378, part 2 of the Criminal Code, and with “non-dangerous infliction of harm to a representative of the authorities” under Article 380, part 1.
What was it like to be imprisoned? Were you afraid of contracting COVID-19?
I was in prison for more than two months. The detention facility I was placed in was located on the northern edge of Almaty. I was brought in at night and first placed in a quarantine cell for newly arrived detainees, where I spent over 10 days getting acquainted with the internal rules of the facility. After that I was relocated to a different cell.
Due to the COVID-19 pandemic, visits from family members and friends were forbidden. I was only able to speak to my mother twice a week for 10 minutes through a video call and receive visits from my lawyers every other week. The conditions in the facility were much better than those in the temporary detention facility at the police department where I spent two days prior to that. The cell was relatively clean and had two bunk beds for four people, a washbasin and a toilet. We would take turns cleaning the cell. Two of my cellmates smoked, in the toilet. We were fed three times a day, mostly porridge and soup. We were taken for ‘strolls’ five times a week in a specially designed facility, a cell with no windows and no roof. Our strolls would usually last 15 to 20 minutes so I had to write a complaint to the facility authorities so they would comply with their own internal regulations and allow a full hour for our strolls. We took showers once a week, 15 minutes per person.
A few times a week I would receive care packages from family and friends. Their support was very helpful in keeping my spirits up. I received a radio from Marat Turymbetov, also an activist, whose friend, activist Alnur Ilyashev, had been detained in the same facility for his criticism of the ruling party, Nur Otan. We would spend a lot of time listening to the radio waiting for news, but most news was about COVID-19. We would also hear occasional rumours about COVID-19 cases in the facility but nothing certain, so I wasn’t particularly afraid of contracting the virus. My mother, however, was very concerned about it and would send medicine to me every now and then. The pandemic has been very tough on our country, taking the lives of many.
This time around I personally haven’t experienced any major violations while in detention, apart from the non-observance of some internal rules by staff. I know other detainees spent months in the facility with no visits from their investigator, lawyer, or family members. I was suspicious at first when in the temporary detention facility, I was placed in a cell with the same woman who was with me in the special detention facility for administrative detainees a year earlier.
I can’t say that I feel I have been detained for a long time, but it was long enough for me to grow appreciation and compassion for activists and other people who have spent months and years in prison. For instance, human rights defender Max Bokayev has been in prison for over four years for supporting a peaceful rally against an illegal land sale to Chinese companies. During the quarantine, many activists and politicians were subjected to searches and detention, so the quarantine became a sort of cover for the government to persecute civil society. Among the detained activists were Sanavar Zakirova, who has been persecuted for her attempts to register a political party, and activists Abay Begimbetov, Askar Ibraev, Serik Idyryshev, Askhat Jeksebaev, Kairat Klyshev and many others.
What is your reaction to the outcome of your case?
I do not agree with the sentence I received, which is why we are going to appeal. The court should take into account the degree of danger to society that the acts I committed pose, which hardly constitute a criminal offence. I am, however, sorry for the lack of self-control and rudeness I showed. I am a firm believer in non-violent protest and my case is a great opportunity for us and the government to condemn violence on both sides.
What sort of support do activists like yourself need from the international community?
I am very grateful that my case has received international attention and support. It was an honour to be represented in the CIVICUS #StandAsMyWitness campaign. I am also very grateful to my mother, my lawyers, my family, friends and supporters from Kazakhstan and around the world, who came up with a lot of creative ideas to raise public awareness and bring much-needed attention to my case and the issue of police brutality in Kazakhstan. I personally was very inspired by one of the initiatives launched by my good friends Kuat Abeshev, Aisha Jandosova, Irina Mednikova and Jeffrey Warren, Protest Körpe, a simple and visually beautiful way of showing one’s demand for justice and human rights in a very gentle, caring and loving way. It is easy to join. Most of Protest Körpe messages are universal and relevant to many countries. So let’s make our messages heard! I feel that we can learn new creative tactics from Protest Körpe and other initiatives and adapt them to our local context. Wouldn’t it be great if such campaigns and movements could establish a network to share and build on each other’s experience?
Civic space inKazakhstan is rated as ‘obstructed’ by the CIVICUS Monitor.
Get in touch with Asya throughFacebook. -
UAE: Release all those unjustly imprisoned before COP28
Authorities in the United Arab Emirates (UAE) should release all those unjustly imprisoned in the country before the start of COP28, which will be held at Expo City Dubai between 30 November and 12 December 2023. UAE authorities continue to detain dozens of people who completed their prison sentences some years ago, including 55 dissidents, lawyers and other people convicted in a mass trial known as the “UAE94” case. The UAE also continues to detain prominent human rights defenders, including Ahmed Mansoor and Dr. Nasser bin Ghaith, and to retaliate against people, including Amina Al-Abdouli and Maryam Al-Balushi, for speaking out about abuses in prison.
The authorities should also put an end to other human rights violations, including: monitoring government critics with sophisticated surveillance technology to stifle dissent; using repressive laws to imprison human rights defenders and dissidents; effectively denying the right to freedom of peaceful assembly through draconian legal restrictions and practices; and denying migrant workers, who suffer a range of violations linked to the abusive kafala system, the right to form unions.
Detaining people long after they have served their sentences
There are at least 58 people being held past the end of their sentences in the UAE. (See detailed list in the appendix below.)
The authorities appear to have used Article 40 of Federal Law No. 7 of 2014 on Combating Terrorism Offences, which includes a vague and overbroad definition of terrorism, to indefinitely detain people who have completed their sentences.
In its first paragraph, Article 40 states: "A terrorist danger exists in a person if he has adopted extremist or terrorist thinking, such that it is feared that he will commit a terrorist crime." The second paragraph states: "If a terrorist danger is present in a person, he shall be put in a counselling centre by a court judgment based on a request from the prosecution."
The process of detaining people beyond the completion of their sentences is not transparent and lacks minimum standards of fairness and due process. The Federal Court of Appeal in Abu Dhabi, at the request of the State Security Prosecution, issues referral orders to counseling centers without any fair trial guarantees. Such detention for "counselling" can apparently be extended indefinitely.
Authorities argue that many of the people held beyond their sentences pose a threat to state security and are in need of rehabilitation. Although the law speaks of "counselling centres," people whose detention is extended in this way often continue to be held in the same prison where they served their regular sentence. Prisoners scheduled for release are transferred from Al-Razeen Prison to the Munasaha (“Counselling”) Centre which is often just another building in the same prison that is isolated from the other wings.
The majority of the people being held beyond their completed sentences are part of the “UAE94”, a group of government critics who were arrested in 2012 and sentenced to between seven and ten years in prison after a grossly unfair mass trial in 2013. Among the “UAE94” group, 55 of them have completed their sentences, yet remain in prison. They include human rights lawyers Dr. Mohammed Al-Roken and Dr. Mohammed Al-Mansoori. In addition, Khalifa Rabia was arrested in July 2013 and sentenced to five years in prison on charges related to a tweet he wrote after the verdicts of the UAE94 case were issued, yet he remains in prison.
One of the main catalysts for the “UAE94” arrests and subsequent mass trial was a reform petition launched on 03 March 2011. The reform petition was signed by hundreds of men and women from across the Emirati intellectual, legal and political spectrum and had two main demands: democratic elections for the UAE’s Federal National Council and constitutional amendments to shore up the Federal National Council’s legislative and oversight powers. More than 30 petition signatories were charged as defendants in the UAE94 trial.
In addition to holding many beyond their sentences, UAE authorities have obstructed contact between some UAE94 prisoners and their families by only allowing calls or visits months apart, and have denied all calls between UAE94 prisoners and their immediate family members who are outside the UAE. This is a violation of the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).
No tolerance forhuman rights defenders and dissidents
The UAE has a Ministry for Tolerance but insists on charging, sentencing, detaining and mistreating human rights defenders and dissidents. The UAE should immediately release prominent human rights defenders, including Ahmed Mansoor, who has been held in prolonged solitary confinement since his arrest on 20 March 2017 for his human rights activities, and academic Dr. Nasser bin Ghaith, who was sentenced to 10 years in prison for tweeting about a previous imprisonment.
Recommendations
The undersigned organisations call on the international community, especially governments that have influence with the United Arab Emirates, such as the United States, the United Kingdom, Canada and the members of the European Union, in addition to all United Nations mechanisms including concerned special rapporteurs, to urgently call for and take steps to obtain the immediate and unconditional release of the prisoners listed in this appeal and to seek an end to grave human rights violations in the UAE. We also call on the international community to demand that independent monitors be granted permission to visit these prisoners in order to ensure their physical and mental health and safety.
We call on the UAE authorities to:
- Release all human rights defenders and dissidents who were arrested, detained, charged or sentenced for exercising their rights to freedom of expression, or other human rights including Ahmed Mansoor, Dr. Nasser bin Ghaith, Amina Al-Abdouli, Maryam Al-Balushi, and members of the “UAE94” case;
- Release all detainees who are being held past the end of their sentences, in flagrant violation of their human rights, and end the practice of arbitrarily detaining human rights defenders and dissidents in Munasaha (Counselling) Centres after they have served their full sentences.
- Repeal the text of Article 40 of Federal Law No. 7 of 2014 on Combating Terrorism Offences, which allows people to be detained indefinitely;
- Protect human rights in the country, including freedom of expression, assembly and association, and ensure nobody is arrested in violation of these rights; and
- End restrictions on civic space and uphold human rights, including freedom of expression and assembly, during the COP28 and beyond.
Signed,
- Access Now
- ALQST for Human Rights
- Amnesty International
- Cairo Institute for Human Rights Studies (CIHRS)
- CIVICUS
- Emirates Detainees Advocacy Centre (EDAC)
- FEMENA
- Front Line Defenders
- Gulf Centre for Human Rights (GCHR)
- Human Rights First
- Human Rights Sentinel
- Human Rights Watch
- IFEX
- International Federation for Human Rights (FIDH), in the framework of the Observatory for the Protection of Human Rights Defenders
- International Service for Human Rights (ISHR)
- MENA Rights Group
- Project on Middle East Democracy (POMED)
- Rights Realization Centre
- Salam for Democracy and Human Rights
- SMEX
- Stand up for UAE Detainees (SANID) Campaign
- Vigilance for Democracy and the Civic State
- World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
Appendix: Prominent human rights defenders currently detained
Civic space in the United Arab Emirates is rated as "Closed" by the CIVICUS Monitor
