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Asia observatory for the protection of human rights defenders annual report 2011

265 REGIONAL ANALYSIS observatory for the protection of human rights defenders annual report 2011

In 2010-2011, the elections that took place in several countries of the Asian region were often accompanied by widespread frauds and irregulari- ties as well as by increased restrictions in terms of freedoms of expression and assembly as Governments tightened their control on opposition voices and dissent (, , Burma, , , The , Viet Nam). In particular, in Burma, the first national elections that were held in twenty years in November 2010, were marred by a series of serious irregularities and draconian restrictions on freedom of associa- tion and of the press, rendering it neither free nor fair. Although 2010 also saw the historic release from house arrest of opposition leader Daw after the elections, a general amnesty had yet to take place in Burma and over 2,000 political prisoners remained in detention.

Inadequate public security and the lack of a conducive environment for human rights defenders continued to significantly impact the work of activists throughout the region (Afghanistan, , , , Sri Lanka, , The Philippines), in particular in areas not fully under the control of the Government, such as the southern Terai districts in Nepal, the three southern border provinces of Thailand, , the Federally Administered Tribal Areas (FATA) and the North West Frontier Province (NWFP) in Pakistan, in areas under Taliban control in Afghanistan, in the northern areas of Sri Lanka as well as in States where the had to fight the (Maoist) insurgency and in Manipur, Jammu and Kashmir, where extrajudicial killings, enforced disappearances and other forms of violence remained rampant, often left unpunished. In such a context, several States in the region continued to use the pretext of political instability and national security to increase the grip on fundamental freedoms, in particular through the use of security or emergency laws (India, Sri Lanka, Thailand, The Philippines). For example, in Thailand, in the context of the crackdown of anti-Government protests led by the so-called “Red shirt” movement, the Emergency Decree on Public Administration in Emergency Situation (2005) gave the authori- ties wide-ranging powers to arbitrarily interrogate, detain without charge and impose censorship. 266 October 2009. 1 examine to ability the to extending as provision this interpret not did body community” ASEAN the of building the complement to freedoms fundamental and rights human of protection and promotion the for gies strate “develop to it for calls mandate Commission’s the Although 2011. April of as published been not had meeting, the at made agreements and decisions the of account full the as well as 2011. Guidelines, The February in meeting fourth its in AICHR of Operations of Guidelines the adopted and 2010 in meetings three its in matters procedural discussed only body the Instead, submissions. such address to how on Procedures adopt of to Rules yet its has it because violations rights human of complaints vidual indi consider cannot it that view its confirmed Commission meeting, the 1, first 2010. April its At to 28 March from , Jakarta, in meeting inaugural its held (ASEAN) Nations Asian Southeast of Association the ( rights human of favour in act and organise to attempts of were harsh to signs of responses even the extremely smallest the authorities as such tools networking social and resulted on in restrictions further Internet, and on the use of mobile phones Nam Viet Republic of Korea ( widespread websites, remained of closure the content, Internet including of and papers stations,TV filtering the and news on placed restrictions and of closure journalists, of harassment and decreased. Access to remained information restricted,heavily and attacks on during the reporting period and tolerance for dissenting voices and opinions judiciary. the from justice obtaining in difficulties experience to continued disputes, land in involved those time, including same marginalised, the the and At poor the repression. of instrument an as and used be influence to outside continued to susceptible remained which bodies, judicial of period reporting the ( throughout countries Asian most in erode to ued Philippines The ( 2010-2011 during ill-treatment and extrajudicial killings, continued to be unpunished unpunished be to continued killings, extrajudicial and ill-treatment an effect on the environment human rights defenders operated in, as they they in, as operated defenders rights human environment the on effect an ence, information peddling, bribes and extortions affected the functioning functioning the affected extortions and bribes peddling, ence, information

Cambodia / /

The space for freedom of opinion and expression continued to shrink shrink to continued expression and opinion of freedom for space The torture, of acts including violations, rights human present and Past The Intergovernmental Commission on Human Rights (AICHR) of (AICHR) Rights Human on Commission Intergovernmental The See Terms of Reference of the ASEAN Intergovernmental Commission on Human Rights, Jakarta, Rights, Human on Commission Intergovernmental ASEAN the of ReferenceTerms of See ). The revolutions in the Middle East and North also had also Africa North and East Middle the in ). revolutions The , ), while public confidence and trust in the judiciary contin judiciary the in trust and ),confidence public while , , Malaysia Bangladesh , Iran , Viet Nam Viet , , Indonesia , Facebook Malaysia ). Corruption and political interfer political and ). Corruption Bangladesh , and and Nepal , Nepal Twitter , Pakistan , Sri Sri Lanka , Democratic People’s Democratic .addition, In the China annual report report annual , Sri Lanka Sri , Thailand , Iran 1 , the the , 2011 ). - - - - - , ,

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ASIA observatory for the protection of human rights defenders

individual cases of human rights violations. Moreover, Viet Nam’s chair- manship of the ASEAN and its new human rights mechanism in 2010, did not have any tangible positive effect on the domestic human rights situa- tion. On the contrary, human rights violations are said to have increased during this period.

Awarding Chinese human rights defender the in 2010, increased the recognition of human rights defenders and provided new hope and impetus to human rights defenders not only in China, but across Asia. Yet, the fact that he was prevented from attend- ing the award ceremony as he is currently serving an eleven-year prison sentence and that Chinese authorities censored all information concerning the award illustrate even more the plight human rights defenders continue to face, as violations of their rights remained widespread in 2010-2011. Indeed, while the primary responsibility to protect human rights defenders and to prosecute authors of violations against them lies with the States, they again often failed to do so in most countries of the region. Stigmatisation and use of legislation to restrict human rights activities and the working environment of human rights defenders In 2010-2011, Governments across the region continued to resort to legislative methods to further restrict human rights activities and the space available for human rights defenders (Bangladesh, , China, Indonesia, Iran, Pakistan, Thailand, Viet Nam). Freedoms of association and expression also remained seriously hampered. In Cambodia, the adoption of ill-defined and restrictive laws gave rise to further concerns as a number of provisions of those laws and bills pave the way for more arbitrary adminis- trative and judicial harassment against human rights defenders. In China, the amendments to the Law on Guarding State Secrets that came into effect in October 2010, still make it possible that virtually any information can be considered State secret. In Iran, vaguely worded provisions of the Criminal Code and the interests of national security were frequently invoked to curtail human rights activities. Provisions relating to defamation, incitement and blasphemy laws continued to be used in Cambodia, Indonesia, Iran, Pakistan and Thailand to crack down on any criticism of the Government and local authorities. Emergency and security laws, in some cases in force for several decades, were still used by several Governments in Asia as a means to curb the activities of human rights defenders and to prosecute them on various criminal charges (India, Malaysia, Sri Lanka, Thailand).

The right to peaceful assembly also continued to be restricted in a number of Asian countries (Bangladesh, Cambodia, China, Malaysia, 268 Thailand, Viet Nam) throughout 2010 and in early 2011, by means of January 2010. 14, in turn dismissed. See Women Human Rights Defenders International Coalition Statement, (WHRDIC) 2 2010 July in dismissed finally were Ms.Jalal against charges All 2006. December in Government Qarase-led Laisenia the it overthrew when human by military the committed violations rights against out spoken had Movement, member Women’sRights Fiji founding the a of Jalal, Ms. after offences misdemeanour seven with (FICAC), charged Corruption and Against Commission Independent Fiji attacks In sentences. threats, prison lengthy and assassination, faced abuses, rights continuing as well war as civil the during committed abuses rights human exposing defenders in Similarly, projects. rights human proposed its of several cancel to decided authorities as hindrances serious faced NGO In ( impunity work against rights human legitimate to their obstacles other and harassment to judicial detention, and subjected arrests were arbitrary attacks, they assassinations, as acts such for accountability for agencies, calling for and enforcement law other and forces security by committed tions viola rights human denounce and expose to efforts their for consequences thereof impunity and forces security by committed violations denouncing NGOs and defenders rights human of Repression them. against harassment of acts further to vulnerable defenders rights human rendered merely also that labelling work.Such their campaigns discrediting at aim slandering and smear targeted of consequences leftists groups”, “anti-patriotic” or “acting against the country” in in country” Nepal the against “acting or “anti-patriotic” groups”, leftists to “belonging “militants”, “insurgents”, “terrorists”, as labelled arbitrarily many often were in defenders rights activity human Indeed, region. the in legitimate a countries other as regarded not still was rights human of defence the and activity, rights human organised or independent any ble Korea of demonstrations. peaceful dispersing when force of use excessive to resorted often authorities Additionally, force. enforcement law in legislation the of by breach in permits cases of some in denial the authorities, through and legislation tightened further rights lawyer Ms. lawyer rights

Bangladesh /

Throughout the region, human rights defenders continued to face harsh harsh face to continued defenders rights region,human the Throughout as such In countries Charges against her husband on a related matter remained pending until June 2011, when they were Bangladesh , Pakistan , systematic repression was again such that it renders impossi renders it that such again was repression systematic , , Fiji , a human rights defender was killed and a human rights rights human a and killed was defender rights human a , , , Sri Lanka Sri Imrana Jalal Imrana India Laos , Indonesia , Viet Nam Viet , The Philippines The and her husband were investigated by the the by investigated were husband her and Fiji 2 . , , in January 2010, prominent human human prominent 2010, January , in Nepal and the , Sri Lanka Sri Democratic People’sDemocratic Republic , Viet Nam Viet Sri Lanka Sri , The Philippines The , and faced the the faced and , , human rights rights ,human annual report report annual Iran 2011 ). - - , 269

ASIA observatory for the protection of human rights defenders

Harassment of environmental and land rights activists opposing forced evictions and illegal exploitation of natural resources In 2010-2011, environmental and land rights activists as well as defend- ers denouncing forced evictions routinely faced violence and arrests in a number of Asian States, and authorities frequently used judicial proceed- ings or the threat thereof, to restrict their activities and to intimidate them (Cambodia, China, India, Indonesia, Malaysia, Republic of Korea, Sri Lanka, The Philippines). In Cambodia, India and Malaysia, land rights activists and community leaders often faced criminal charges for their activities in defence of the land rights of rural or indigenous communities, including when denouncing development projects that threaten or destroy the land, natural resources and livelihood of communities. Demonstrations organised in favour of victims of forced evictions and land grabbing were also severely repressed. In The Philippines, activists opposing the estab- lishment and extension of economic zones were assaulted and a leader of an alliance of displaced farmers opposing evictions, was shot dead. Defenders documenting ecological protection, including from mining and illegal logging, were arbitrarily arrested and detained (India, Indonesia, Sri Lanka), and were victims of attacks or even assassinations (Indonesia, Sri Lanka, The Philippines). Those denouncing forced evictions also continued to be subjected to judicial harassment in China as well as in the Republic of Korea, where Messrs. Park Lae-gun and Lee Jong-hoi, who led various protests calling for justice for those killed in the January 2009 police action against protests by evicted tenants at a building in the Yongsan district of Seoul, were sentenced on January 24, 2011 to respec- tively, a three-year-and-one-month jail sentence suspended for four years

and a two-year jail sentence suspended3 for three years for “hosting an illegal protest” and “blocking traffic” . Reprisals against human rights lawyers Lawyers taking on sensitive or human rights related cases, such as judicial proceedings against opposition activists, journalists and human rights activ- ists, continued to face reprisals for such activities in 2010-2011 (Burma, China, Indonesia, Iran, Malaysia, Pakistan, Viet Nam). In Burma, lawyers defending farmers who denounced the military occupation and confisca- tion of their lands were harassed by the police and local authorities. In China and Viet Nam, lawyers working on human rights cases, in particular those which are deemed “sensitive” by the authorities, such as the defence of political prisoners, bloggers, democracy and religious activists, human rights defenders, ethnic minorities, as well as independent religious groups,

270 3 / See Annual Report 2010. several protesters and union leaders were arrested and faced prosecution. prosecution. faced and arrested were leaders union and protesters several and police the by dispersed violently was workers’rights of favour in ised Republic of Korea ( rights labour ing for their work prosecuted from promot dismissed their jobs and criminally harassment serious to subjected still leaders union Trade media. Government-controlled in campaigns defamation well as as attacks sustained corruption denouncing defenders rights human in scandal milk tainted and 2008 Sichuan the in as earthquake such scandals various in role Government’s the questioning for charges motivated politically on harassment judicial face to continued journalists and activists rights Human threats. faced death received also and (MGNREGA) Act Guarantee Employment Gandhi Rural Mahatma the National to related corruption of cases documenting been have who Activists 2010-2011. in assassinated were corruption, exposed system. In judicial subservient a of support the with often repercussions, serious face to ued contin authorities by local corruption widespread about out spoke who ers police. by raided were down. closed In subsequently was newspaper paper The the of offices the and detention trary such exposing future. In the in abuses consider might curb who to those order threaten in to and legislation, activities such hostile of adoption the and and ill-treatment, torture harassment, judicial including methods deployed creative Governments increasingly work. their for consequences severe face to ued contin actors, private also but politicians local and by officials acts such Government exposed who journalists, including defenders rights human ( corruption denouncing defenders rights human of Repression overtly the of In system. victims judicial flawed defend to prepared are who those of number the community, to rights an purge the attempt human ongoing to reduce trying In groups. extremist Islamic as such actors, non-State by mostly intimidated, revoked. Lawyers who took on cases related to blasphemy and religious religious in and minorities blasphemy to related cases on took who Lawyers or revoked. cancelled licences their had frequently and disbarment, and prison sentences lengthy including authorities, the by repression serious faced still proceedings in 2011 for helping Burmese migrant workers. migrant Burmese helping for 2011 in proceedings Bangladesh As As in years,previous trade union leaders were killed, harassed, threatened, While corruption remained rampant in many countries of the region region the of countries many in rampant remained corruption While Iran , the authorities continued to target human rights lawyers as part of as part lawyers rights human to target continued , authorities the , Indonesia Burma ). In India Bangladesh , Bangladesh Cambodia and and Bangladesh , several Right to Information (RTI) activists who who activists (RTI) Information to , Right several Malaysia Pakistan , Burma , a peaceful demonstration that was organ- , China , the Editor of a newspaper faced arbi faced newspaper a of ,Editor the , a human rights lawyer faced judicial judicial faced lawyer rights human ,a often found themselves harassed and and harassed themselves found often , Cambodia , India Burma , Indonesia , defend rights human , China Fiji , Iran . In In . annual report report annual , Sri Lanka Sri Sri Lanka Sri , Pakistan 2011 ), - - - - - , ,

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The non governmental license of a trade union was also cancelled, thus depriving it of its legal right to operate in the country. In Cambodia, while the trade union movement remained shaken by the assassination of three trade union leaders in 2004 and 2007, acts of reprisals against trade union representatives continued unabated, including through judicial harassment. Additionally, Cambodian authorities regularly used violence, or the threat thereof, to prevent and disperse peaceful protests by workers relating to labour issues. In Burma and Iran, several trade union leaders continued to face lengthy detention in harsh conditions and criminal charges. In Pakistan, a trade union leader was shot dead. Moreover, in the Republic of Korea, members of the Seoul-Gyeonggi-Incheon Migrants Trade Union (MTU), a trade union established for and by migrant workers in , continued to be subjected to harassment and deportation because of their work in favour of undocumented migrants. On February 10, 2011, the Immigration Service cancelled the visa of Mr. Michel Catuira, MTU President and a documented Filipino migrant worker, and ordered him to leave the country by March 7, 2011. Since MTU was founded in 2005, five of its officers have been deported, supposedly for violations of Immigration

Control Act. In addition, the South Korean Government4 continued to refuse to recognise MTU’s status as a legal union . In Fiji, in February 2011, Mr. Felix Anthony, Secretary General of the Fiji Trade Union Congress (FTUC) as well as of the Sugar Workers’ Union, was subjected to threats, and intimidation acts by military officers, along with Messrs. Mohammed Khalil and Anil Kumar, respectively President and Vice-President of Fiji Sugar and General Workers’ Union, Ba branch, and

Fiji Times reporter Felix Chaudhry following an article that was published5 in the national newspaper Fiji Times with respect to the sugar industry . Ongoing reprisals against women human rights defenders Women’s rights defenders continued to face harsh repression for their legitimate work on human rights issues throughout 2010-2011 (Afghanistan, India, Iran, Malaysia, Nepal). Their freedom of assembly was routinely denied by the authorities. In Iran, many faced intimida- tion, harassment and in some cases, detention or travel bans. In particular, dozens of members of the “” Campaign were repeat- edly imprisoned on often spurious charges such as “propaganda against the system” and “acting against national security”. In India, defenders of women’s rights continued to face harassment from non-State actors, and were frequently unable to receive the attention and support of law enforce- ment agencies to their plight. A group of women human rights defenders

4 / See MTU Statement, February 2011. 272 5 / See International Trade Union Confederation (ITUC) Statement, March 2, 2011. 6 fact-sheet country no is there which for region the of countries on 2011 April to 2010 January from Observatory The by issued Intervention Urgent in risks increased faced also minorities gious arbitrarily remained in people detained Azeri and Kurdish the of rights who promoted defenders rights human Several groups. religious by extremist attacks radical, and threats faced people (LGBTI) Intersex and Transgender authorities. tax and In judiciary the by harassment faced HIV/AIDS with In work. their of legitimacy and their recognition out social of lack the given carrying activities in obstacles serious faced Dalits, the including nities, in Similarly, arrest “conspiracy”. and “” as arbitrary such charges including criminal and activities, detention, and their out carrying when risks ular partic faced minorities, sexual and and minorities Dalits religious the (tribals), Adivasis including groups, marginalised of rights the protect and Indonesia ( activities their to reprisals as harassment of acts various of victims 2010-2011 in again were communities marginalised or minorities communities marginalised or minorities of rights the of defenders against harassment of Acts were running a project for women’s economic empowerment women’seconomic for project a running were they where district Garmseer from returning after Helmand in killed were workers aid Afghan two instance, For violence. and intimidation threats, control Taliban under areas in in Finally, police. the from as well as communi and ties, families own their from hostility faced often they as able In in women’s rights for advocating REPUBLIC REPUBLIC OF KOREAOF / COUNTRY In 2010-2011, defenders of the rights of cultural, ethnic and religious religious and ethnic cultural, of rights the of defenders 2010-2011, In See AnnualReport 2011. Afghanistan China Nepal Indonesia , women human rights defenders remained particularly vulner particularly remained defenders rights human women , , activists promoting and protecting the rights of persons living living persons of rights the protecting and promoting activists , , Iran Iran Nepal , activists promoting the rights of Lesbian, Gay, Bisexual, Bisexual, Gay, Lesbian, of rights the promoting activists , , , women human rights defenders were often subjected to to subjected often were defenders rights human women , Names Nepal . Human rights defenders working on the rights of reli of rights the on working defenders rights Human . , those defending the rights of marginalised commu marginalised of rights the defending those , , Pakistan Violations / Follow-up / Violations ack of consultation of Lack ). In with Malaysia NGOs India , defenders working to promote promote to working , defenders also faced judicial harassment. harassment. judicial faced also Indonesia P ress Reference R elease and and annual report report annual China Pakistan Date of Issuance of Date 6 . pril 14, 2011 14, April , India . 2011 - - - - - , 273

ASIA BANGLADESH observatory for the protection of human rights defenders annual report 2011

In 2010-2011, while torture, ill-treatment and extrajudicial killings continued una- bated, impunity for such acts remained widespread. The space for freedom of opinion and expression also further shrank. In such a context, journalists exposing cases of corruption and denouncing human rights violations were victims of judicial harass- ment, attacks and threats, and human rights defenders and organisations were sub- jected to various acts of harassment, including killings, in particular when denouncing human rights violations committed by security forces. Freedom of peaceful assembly also continued to be hampered.

Political context Since June 2010, the Bangladeshi Parliament has conducted its work without opposition MPs, when the Bangladesh Nationalist Party (BNP)-

led opposition MPs walked1 out of the Parliament in protest over the arrest of a Amar Desh journalist . Although similar tactics were used by the oppo- sition parties in the past, it raised concerns about the effectiveness of the

legislative2 process and about opposition’s ability to influence Government policy .

Impunity for acts of torture and ill-treatment, as well3 as extrajudicial (or “crossfire”) killings continued4 during 2010-2011 . Despite high- level assurances to the contrary , successive Governments have shown

indifference to these practices, committed 5 mainly by the Rapid Action Battalion (RAB) and members of the police . During the course of 2010, 127 persons were reportedly killed extra-judicially, the majority of them

by members of RAB, mostly in “crossfire” incidents. Between6 January and March 2011, 33 persons were killed extra-judicially . Furthermore, although torture is prohibited by Article 35.5 of the Constitution, torture and ill-treatment remained pervasive and was practiced regularly by law

1 / See infra. Since then, they only returned to Parliament once for a very brief time. 2 / See Odhikar, Human Rights Report 2010, January 1, 2011. 3 / According to Odhikar, one person is killed extra-judicially every three days in Bangladesh. See Odhikar, Human Rights Monitoring Report on Bangladesh, January 1 - March 31, 2011, April 1, 2011. 4 / See Annual Report 2010. 5 / See Odhikar, Human Rights Report 2010, January 1, 2011. 6 / Although the Ministry of Home Affairs concluded in two cases during the reporting period that the deaths caused by the RAB or the police were summary executions, no perpetrators were convicted. 274 See Odhikar, Human Rights Monitoring Report on Bangladesh, January 1 - March 31, 2011, April 1, 2011. 10 9 8 See Odhikar, HumanRights Report, January 2011. 1, 7 judicial including consequences, severe suffer to continued violations violations rights human and corruption denouncing journalists against Reprisals 2011. April of end the of as Nations United the with of ratification instrument the had yet 2011,to deposit Government the but of 11, (MWC) on April Families Workersof their Migrant All Members and Rights the of Protection the on Convention International the ratified International Criminal Court (ICC) on Court March 22,Criminal Government International 2010 the by the of Statute Rome appointed the ratified be note,Bangladesh positive a However, would on ACC the and of President the Secretary to the accountable become would it since Commission, the over control Government’s the strengthen amend significantly proposed would the ments Furthermore, officials. Government a against filing for case necessary be would permission prior Government’s the since in corruption, adopted administrative and if political increasing risk form, amendments, current their The 2011. 28, February on Parliament the in tabled was which 2004, of Act (ACC) Commission Anti-Corruption her 2010 January during in India to Hasina visit official Sheikh Minister Prime by raised not were concerns Yet, territories. Bangladeshi in deep these operations conducted frequently also border. BSF The India-Bangladesh and the along torture violence of and forms other abductions killings, including violations, rights human commit to continued also India of (BSF) Force Security Border tion. The held in from persons remand deten accused to admit statements continued Magistrates practice, well-known and widespread the despite addition, In offence criminal a not law. Bangladeshi under is detention.Torturein remand routine remained also torture prohibition, Constitutional its despite agencies enforcement stations remained widespread. widespread. remained stations TV and newspapers on placed restrictions and of closure parties, political of supporters by journalists of harassment and on attacks as shrink to ued

/ / / /

Journalists exposing cases of corruption and denouncing human rights rights human denouncing and corruption of cases exposing Journalists the to amendments the approved Government the 2010, 26, April On In 2010-2011, the space for freedom of opinion and expression contin expression and opinion of freedom for space the 2010-2011, In

According to Odhikar, in 2010, 67 persons had been tortured by various law enforcement agencies. agencies. enforcement law various bytortured been had persons Odhikar,67 2010,to in According See Odhikar, See Odhikar, HumanRights Monitoring January Report onBangladesh, 1-31, 2010, February 2010. 1, See Odhikar Press March 22, Statement, 2010. Human Rights Monitoring Report on Bangladesh, January 1 - March 31, 2011 7 . One of the contributing factors was the fact that that fact the was factors contributing the of One . 8 .

10 . also TheCabinet annual report report annual , April 1, 2011. 2011 9 - - - .

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harassment, torture and ill-treatment. In particular, the daily newspaper Amar Desh, which regularly reports on corruption cases and is critical of the Government, and its staff members were targeted by the police and the judiciary. On June 1, 2010, the press office of Amar Desh was raided by armed forces, and declared closed. This harassment followed the publication of reports on cases of corruption of high-ranking Government officials as well as of sensitive and undisclosed sections of a Government-

appointed investigation11 committee report on violations committed by the Bangladesh Rifles . On June 2, 2010, agents of the Tejgaon police station entered the Amar Desh offices, arrested Mr. Mahmudur Rahman, Amar Desh Acting Editor, and charged him under Sections 419, 420 and 500 of the Code of Criminal Procedure for “cheating by impersonation”, “dishon- estly inducing delivery of property” and “defamation”. The Tejgaon police station also filed a case against Mr. Rahman as well as against Amar Desh Deputy Editor Mr. Syed Ahmed, Assistant Editor Mr. Sanjeeb Chowdhury, City Editor Mr. Jahed Chowdhury, reporter Alauddin Arif and the office assistant Saiful Islam, as well as 400 unnamed people for, inter alia, “obstructing Government officials to perform their duties” during Mr. Rahman’s arrest, under Sections 143, 342, 332, 353, 186, 506, 114 of the Criminal Code. As of April 2011, the investigating officer had not submitted the charge sheet yet and Messrs. Syed Abdal Ahmed, Sanjeeb Chowdhury, Jahed Chowdhury, Alauddin Arif and Saiful Islam had to appear before the court every month as the case remained under investigation. On June 6, 2010, another case was filed against Mr. Rahman for, inter alia, “obstructing Government officials to perform their duties” under Sections 143, 186, 332, 353, 225B/34 of the Criminal Code, while he was already in custody. Moreover, on June 8, 2010, the Magistrates Court No. 7 issued another four-day detention period against Mr. Mahmudur Rahman for “printing banned leaflets” under Section 6(1) of the Anti- Terrorism Act 2009, as well as an additional four-day detention period for “conspiring against the State” on the basis of a case lodged under Sections 121A (“waging war or attempting to wage war against the State”), 124A (“sedition”) and 114 (“abettor present when offence is committed”) of the Criminal Code, leading to a total remand period of twelve days. Furthermore, on the night of June 10, five or six men entered Mr. Rahman’s cell and removed his clothes, and then proceeded to hit him so hard that he lost consciousness. On June 12, 2010, Mr. Rahman was brought before the Magistrates Court where he reported that he was subjected to acts

11 / The Bangladesh Rifles are paramilitary forces that deal with security matters at the borders of the 276 country. taka (about 1,130 euros). On the same day, the Court also sentenced sentenced also Court the day, same Mr. the On euros). 1,130 (about taka 100,000 for him fined and cases, some about submissions false placing for office General’s Attorney the of role the criticised that 21,2010 April on report a published having for court” of contempt “gross for imprisonment the 2010, of months 19, six to him sentenced Court August Supreme the of On Division jail. Appellate central Dhaka the to transfer Mr.Mahmudur Rahman’s ordered Court Magistrates the 2010, 24, June On Act. Anti-Terrorism the under days four for remanded was day,Mr.Rahman 13 room for ten hours. custody. For instance, on June 23, he was kept blindfolded and handcuffed to the window bar of a small 12 Sumon Rahman 23,Mr.2010, February on instance, For issues. rights human on bail on released subsequently were Both 1971. in committed crimes war in involved been had relatives their and leaders League Awami in published report a to Sheikh Hossain Hasnat Messrs. against warrants arrest issued also Judge Gopalganj the in hearing, same the During bail. granted subsequently was who Mr. Rahman, against Mahmudur warrant arrest an issued and application summon. the Court’s to Dhaka the rejected related inGopalganj Judge The documents the displayed and of trial the postponement the for applied and in Court Gopalganj the before published appeared lawyer his while Dhaka at articles appeared to relation in Code, Criminal the of 34 and 501 500,469, 420, Section under charges, “cheating” mation” and on “defa - other each from km 250 of distance a at located Gopalganj, of Court District the and Dhaka of Court Magistrate’s the - Metropolitan Chief courts different two before appear to scheduled was who Mahmudur Mr.Rahman, 2011, 28, March On 2009. Act Anti-Terrorism defined the in offences several and “sedition” “defamation”, including numerous charges under cases 49 for prosecuted remained but prison in months bail on month one 17, March On 2011, imprisonment. to Mr. Rahman Mahmudur sentenced was Mr.Noman Moreover, report. the of publica the tion in responsibility their to relation in court” of “contempt for euros) 113 (about taka 10,000 ofnewspaper, same fines to the of publisher detention in while treatment degrading and inhuman of

/ / / Journalists were also victims of physical attacks and threats for reporting reporting for threats and attacks physical of victims also were Journalists

On August 2,2011,was the case withdrawnOn August by thecomplainant. Mr. Rahman lost weight and suffered from pain due to the acts of ill-treatment suffered while in in while suffered ill-treatment of acts the to due pain from suffered and weight Mr.lost Rahman Oliullah Noman Oliullah

from the Gazipur district jail after having served nine and a half half a and nine served having after jail district Gazipur the from , correspondent of the the of , correspondent , and member staff with Odhikar defender a rights human ,

Acting Editor of the weekly weekly the of Editor Acting , staff reporter of of , reporter staff Amar Desh Desh Amar Dainik Destiny Dainik on April 4, 2010 alleging that some some that alleging 2010 4, April on Amar Desh Amar in Kotalipara, and and Kotalipara, in Matrimukti ,

and Mr.and 12 H. M. Mehedi Mehedi M. H. . On the same same the On . annual report report annual Hashmat Ali Hashmat 13

Amar Desh Amar was released released was , in relation relation in , . Jahangir Jahangir Khalilur Khalilur 2011 - - , ,

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of the Daily Probaho, was stabbed and severely wounded by a group of unknown persons as he was returning home from his office. Two unidenti- fied persons grabbed him close to the Bangobashi school at Khalishpur, while a group of seven or eight persons blindfolded him and stabbed him in the chest. On February 27, 2010, Mr. Khalilur Rahman Sumon

lodged a complaint 14with the local police, which submitted its final report in December 2010 . On February 23 and 26, 2010, Mr. Nurul Kabir, Editor of the newspaper New Age well-known for covering human rights issues, in particular abuses committed by law enforcing agencies, and who published many articles on the misuse of power, corruption and torture against various intelligence agencies, received threats by phone from an unknown person who identified himself as “Mamun”. He was threatened with dire consequences for himself and his family if he continued “to write and speak against terrorism and violence”. Mr. Kabir filed a general diary

at the police station. However, the15 police only recorded his complaint and no investigation was carried out . Repression of human rights defenders and NGOs denouncing violations committed by security forces Human rights defenders and organisations continued to be subjected to various acts of harassment, including killings, in 2010-2011 when denouncing human rights violations committed by security forces. Indeed, on March 15, 2010, Mr. Abdullah Al Farooq, a lawyer and human rights defender with Odhikar, who provided legal support to the poor victims and was very much vocal in the Bar Association against injustices and corruption, was killed by unknown persons. Mr. Al Farooq was on his way

home from a meeting with a senior lawyer when he was16 stabbed. As of April 2011, the investigation had not been completed yet . On March 22, 2010, an exhibition organised by Drik Gallery highlighting the crossfire killings committed by RAB was closed down by the police on March 22,

2010, before being later17 allowed to reopen by a decision of the High Court on March 29, 2010 . Moreover, the human rights NGO Odhikar contin-

14 / When the police do not get any evidence, clue, witness in relation to a specific case, they submit a final report to the Court after investigation. It means the case has no more valid reason to continue and the case will subsequently be closed if the Court approves the final report. However, the case can be re-opened and re-investigated if the complainant submits an objection petition against the final report claiming that the police did not properly investigate the case and was biased. In the case of Mr. Khalilur Rahman Sumon, no witness was found during the investigation and he did not submit any objection petition against the police final report. See Odhikar, Human Rights Monitoring Report on Bangladesh, February 1-28, 2010, March 1, 2010. 15 / See Odhikar, Human Rights Monitoring Report on Bangladesh, February 1-28, 2010, March 1, 2010. 16 / See Odhikar, Human Rights Monitoring Report on Bangladesh, January-March 2010, April 1, 2010. 278 17 / See Odhikar. 18 also who person, third away.A turned similarly was Assembly, General Khan Rahman Adilur Mr. after asked who was person, second but A guard. entry, security the by requested away and turned offices gate the Odhikar’s housing approached building Branch, the of Special the from policeman a as himself intelli the and forces apparatus. gence For example, 5, on security October 2010, a person,the identified who by harassed be to continued and ties activities. tion’sprevious organisa the and members Committee Executive its and Odhikar about information collected and Odhikar visited also NSI and police of Branch Special the from officials queries. The Bureau’s the to made Odhikar that clarifications numerous the despite approval, its give to yet had NGO-AB the project,regarding its comments to 21 provide days as 2011,of April has the which Ministry, relevant the to it sends the Bureau the examined proposal; has project it the after that after and days information, 45 relevant within all of project reception proposed a on decision a make to has of Business, NGO-AB the Rules to its according of Bangladesh. Although advocacy, and policy monitoring situation rights the and human to improve Against Torture Convention the through (CAT)Protocol Optional its and about awareness of Bangladesh, creating laws the under torture criminalise to campaigning at aiming project EU-funded a of approval for NGO-AB the matter. 28,On December 2010, a to also request submitted the Odhikar investigate to police of Branch National Special the and (NSI) the Intelligence Security asked Ministry Home The 2010. 27, and 9 September on opinion their for (NHRC) Commission Rights Human National the and Affairs Home of Ministry the to responses. proposals the sent submitted then NGO-AB duly The Odhikar which to clarification, for Odhikar to queries of the number a to sent NGO-AB submitted the submission, were After NGO-AB. Bangladesh in documentation rights human on respectively Netherlands the of Kingdom the of Embassy the and (KIOS) Rights Human for Foundation NGO Finnish the by funded projects two Affairs Home of Ministry the from objection previous a on based Bangladesh”, in Programme Advocacy and Training Defenders Rights “Human entitled project a of 31,2010 March until extension the for permission give to refused office Minister’s the Prime under (NGO-AB) Bureau Affairs NGO the 2010, 11, February On projects. rights human proposed its of several cancel to Bangladeshi decided as authorities activities, its out carrying in obstacles serious face to ued / Meanwhile, Odhikar members came under close scrutiny by authori the scrutiny close under came Meanwhile,members Odhikar See AnnualReport 2010. , Odhikar Secretary and a member of OMCT OMCT of member a and Secretary Odhikar , 18 . Similarly, on July 7 and 12, 2010, 12, and 7 July on Similarly, . annual report report annual 2011 - - -

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identified himself as an officer of the Special Branch, finally gained access to Odhikar’s offices and told its Director, Mr. Nasiruddin Elan, that his superior wanted to talk to him. On October 6, 2010, two persons from the City Special Branch (Gulshan zone) again wanted to access Odhikar’s offices but they were closed. On October 7, two officers from the City Special Branch visited Odhikar again and enquired about Mr. Adilur Rahman Khan, requesting to receive his CV, passport details and infor- mation about his political background. Mr. Khan refused to cooperate since the officers were not in possession of a valid warrant. On October 9, the Additional Superintendent of the police of the City Special Branch invited Mr. Khan to a meeting at his office in order to “develop a relationship”. This was again refused by Mr. Khan. On October 23, 2010, Mr. Nasiruddin Elan went to the Munshiganj NSI office and was questioned about his political views and was informed that the current investigation was carried out upon order from “higher officials”. On November 3, 2010, while checking on the status of one of Odhikar’s projects in a Government office, Mr. Nasiruddin Elan was warned that “the government was extremely annoyed” with Odhikar; that the Secretary of Odhikar should “take care when travelling”; and that Odhikar’s offices were constantly monitored by the Special Branch. Odhikar received further phone calls and visits from the Special Branch of the police on December 25 and 26, 2010. Obstacles to freedom of peaceful assembly Freedom of peaceful assembly continued to be hampered in 2010-2011. For instance, in July 2010, a peaceful demonstration that was organ- ised in favour of workers’ rights was violently dispersed by the police. Following a growing social unrest in June 2010 among garment factory workers, who suffer from harsh living conditions due to extremely poor wages that barely allow them to ensure the survival of their families, the Governmental Committee on the Minimum Wage decided on July 27, 2010 to raise minimum wages by 80% up to 3,000 taka per month (about 34 euros), a decision that was officially announced on July 29 by the Labour and Employment Ministry. However, workers considered this minimum wage insufficient and demanded a raise up to 5,000 taka (about 56 euros). On July 30 and 31, 2010, following the Labour and Employment Ministry’s announcement, the textile workers expressed their extreme discontent by demonstrating in the streets, when the police forces reportedly fired tear gas on the demonstrators and brutally charged at them. Several protesters and union leaders were arrested, including union leaders Ms. Kalpona Akter, Secretary General of the Bangladesh Centre for Worker Solidarity (BCWS), Mr. Babul Akhter, BCWS Law and Research Secretary, and Mr. Aminul Islam, also a member of the BCWS, who were all accused 280 of “inciting workers unrest during the protests”. On September 10, Government ofLalgar. hadunleashed the localpeople atrocities against movement on land rights issues and the West StateBengal Government with the support of the Central 20 since for BCWScould notsubmititsannualreport 2010 to theDepartment. rejected BCWS’s registration on July 31, 2011, adding that “from now on the BCWS should be abolished”, would have to be removed and, foras a consequence, the organisation the Social Welfare Department 19 to April 2011 April to 2010 January from Observatory The by issued Interventions Urgent 23,2011. August on place take to was hearing next witness. The any place.framed,have taken six hearings Yet, to produce failed the prosecution pending them.against 22, remained February Since 2010, them were then against when the charges since has case the bail, on released subsequently and men both people, women, injured. Messrs.Although thirty Koroa and Ashish Prince Mahmud were around left police the of baton-charge The politics. Bangladeshi in India of interference and violations rights Lalgar human at abuses police against protesting at aimed also Bangladesh’senvironment. demonstration affect The India, will this as to Commission High Indian the of demand the cessation front of the construction in of the Tipaimukh dam at protest Monipur, peaceful a in part taking for 5, 2009 July on arrested been had coin”). Mahmud and Koroa Messrs. Bangladesh “counterfeiting and provocation” grave other on force than wise criminal or assault for (“punishment Code Criminal the of 352 and 232 Sections under prosecuted remained “Lamppost”, organisation Messrs. NGO-AB of the General by Director the issued order an following closed, was institution the country.of the account bank in The operate to right legal its of it of depriving thus BCWS,license the non-governmental the cancelled NGO-AB on the Moreover, 2010, 3, pending. June remained them of as against but, jail charges the central 2011, Dhaka April the from bail on released were they 2010, Chowdhury, Jahed Chowdhury,Chowdhury, Jahed and Arif Alauddin

dhikar / Odhikar

/ / / / Mahmudur Rahman, Syed Syed Rahman, Mahmudur

On July 17, 2011, the NGO-AB issued a letter saying that Ms. Kalpona Akter and Mr. Babul AkhterMr. Babul and Akter Kalpona Ms. that saying letter a issued NGO-AB July17, the On 2011, Lalgar is an area in the State of India where radical left activists have developed a developed have activists left radical where India of State WestBengal the in area an is Lalgar Abdal Ahmed, Sanjeeb Sanjeeb Ahmed, Abdal Amar Ashish Koroa Koroa Ashish Mr. esh / Desh Odhikar Names Khan Adilur Rahman Adilur M Saiful Islam Saiful essrs. and rbitrary detention / detention Arbitrary harassment / harassment harassment / harassment arassment / Harassment Violations / Follow-up / Violations bstacles to freedom of freedom to Obstacles of newspaper / Judicial newspaper/ of Prince Mahmud Prince detention ngoing arbitraryOngoing association Ill-treatments Ill-treatment / Judicial / Surveillance Closure 19 . Furthermore,2011, as of April , two leaders of the cultural cultural the of leaders two , Urgent Urgent Urgent 001/0610/075.1OBS Open 001/0610/075OBS 001/0311/039 OBS authorities Reference L Appeal Appeal Appeal etter to the to etter 20 , India, along with with along India, , BGD BGD BGD annual report report annual Date of Issuance of Date F ebruary 18, 201018,ebruary arch 22, 201122, March June 15, 201015, June July 1, 20101, July

2011 -

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Names Violations / Follow-up Reference Date of Issuance Messrs. Mahmudur Rahman, Release on bail / Judicial Urgent Appeal BGD March 21, 2011 Oliullah Nomana and harassment 001/0610/OBS 075.2 Hashmat Ali Messrs. Mahmudur Rahman, Judicial harassment Urgent Appeal BGD April 8, 2011 H. M. Mehedi Hasnat and 001/0610/OBS 075.3 Jahangir Hossain Sheikh Ms. Kalpona Akter and Messrs. Harassment Open Letter to the August 20, 2010 Babul Akhter and Aminul Islam authorities

282 human rights defender in May 2010. In particular, t particular, In 2010. May in defender one rights least human at of death the to led which treatment, medical denied and labour, forced Document A/HRC/16/24, March 25, 2011. commission and the restrictions by imposed electoral laws. See Human Rights Council Resolution, UN electoral the of independence of lack the about concerns its expressed and opportunity” “missed a General 3 monitor developments andadjust measures ifnecessary. closelyto pledging time same the at while twelvemonths, additional an for Burma against sanctions the renew to decided also EU The pluralism. greater and change peaceful for potential the provide may they that considered but inclusive, or fair free, not were elections general the that concluded Council EU The 2011. 12, April Burma/, on Conclusions Council EU and 7, 2010 Burma/Myanmar, November in elections the on (EU) Union European the of behalf on Ashton Catherine by 2 activists inthelead upto the2010 elections, November 2010. for Political Prisoners (AAPP) Report, Association Assistance See concerns. security to due supposedly areas, nationality ethnic in villages approximatelyin cancelled3,400 be would voting that announced regime the 2010,16, September On of other religions, civil servants and political prisoners, among others, from participating in the elections. 1 assembly from and to walking and slogans, chanting flags, of holding the campaigning, including to electoral related 2010,activities most prohibited balanced and reporting free of lack and media the to access limited assembly, and expression of freedoms registration, campaigning, of terms in restrictions abuses rights human and repression spread wide as well as restrictions by marred were period post-election the and basis electoral ethnic on the from largely – excluded process were voters million 1.5 esti least is at Yet,it 2010. that 7, mated November on held were which Burma, in years context Political Nargis, Cyclone unabated. of continued aftermath the in efforts relief in prisoners active individuals political on to as well as assistance legal provided who lawyers activists, rights land very in detained remained defenders rights human of report protection annual the for observatory BURMA

/ / /

On March 9, 2010, the Political Parties Legislation Law was enacted, which bars monks, nuns, leaders

2010 was largely dominated by the first national elections in twenty twenty in elections national first the by dominated largely was 2010 Many repression. harsh face to continued defenders rights human 2010-2011, In The elections were considered as not having met internationally accepted standards. See Declaration See UN General Assembly Report, AssemblyGeneralReport, UN See , UN Document A/65/367, September 14, 2010. The Human Rights Council considered the elections 3 . Additionally, Directive 2/2010 which was issued on June 23, June on issued was which 2/2010 Directive Additionally, . 2011 harsh conditions, as they were subjected to torture and and torture to subjected were they as conditions, harsh Silencing Silencing dissent: The imprisonmentongoing of Burma’s political Situation of human rights in Myanmar,in rightsSecretary- human the of of SituationReport 1 . The pre-election period, election day, election period, pre-election .The 2 . Concerns were raised about about raised were Concerns . he crackdown on trade unionists, unionists, trade on crackdown he - - 283

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4 venues . Serious restrictions were introduced on the media, which were prohibited from publishing interviews with various opposition figures, as well as commenting on electoral laws and the 2008 Constitution. International observers and media representatives were also barred from following the electoral process on election day. In light of the restrictive electoral laws and a Constitution that effectively guarantees military domi- nance for the new Government, the largest opposition party, the National League for Democracy (NLD), and the second-largest vote winner in the

1990 elections, the Shan Nationalities5 League for Democracy (SNLD), decided to boycott the elections .6 The military-backed Union Solidarity and Development Party (USDP) took 80% of the parliamentary seats. On November 13, six days after the elections, Daw Aung San Suu Kyi, General Secretary of the NLD, was released after spending seven years under house arrest.

The new military-dominated Parliament held its first meeting on January 31, 2011 and subsequently elected high-ranking officials from the former ruling State Peace and Development Council (SPDC) to Burma’s top political offices, ensuring the continued dominance of the political system by the same group of people who ruled Burma for the past decades. Human rights abuses committed under the previous regime continued unabated. Extrajudicial killings, forced labour, torture, and recruitment of child soldiers were still committed in Burma with total impunity.

Individuals continued to be subjected to imprisonment on political

grounds and without being accorded the right7 to a fair trial and due process, such as legal representation and open trials . Incommunicado detention as

well as torture and8 ill-treatment remained rampant in Burma’s prisons and detention centres . Conditions in prisons were also very poor, lacking in hygiene and often not providing adequate nutrition and medical care to prisoners. Many political prisoners were kept in remote locations far away from their hometown, making it extremely difficult for family members to

4 / See AAPP Report, Silencing dissent: The ongoing imprisonment of Burma’s political activists in the lead up to the 2010 elections, November 2010. 5 / The NLD was dissolved on May 7, 2010, after it failed to re-register as a political party within the deadline imposed by the Election Commission. On September 14, the Election Commission officially confirmed the dissolution of the NLD. 6 / USDP was formed in April 2010 by Prime Minister (and former General) Thein Sein and 27 other SPDC cabinet ministers. 7 / See AAPP Report, Silencing dissent: The ongoing imprisonment of Burma’s political activists in the lead up to the 2010 elections, November 2010. 8 / See AAPP Reports, Torture, Political Prisoners and the Un-rule of Law: Challenges to Peace, Security and Human Rights in Burma, as well as Silencing dissent: The ongoing imprisonment of Burma’s political 284 activists in the lead up to the 2010 elections, October and November 2010. Ko Ko Ko Review, Myanmar , UNDocument A/HRC/17/9, March 24,2011. Council,Rights Human offences.See criminal for even officials State and military to immunity effectivelygrantsConstitution that the of 445 Article repeal to or standards; rights human international with line in it bring to Constitution the amend to among others, to take immediate steps to end continuing violations of international human rights law; use of child soldiers and demobilise existing ones. The seventy recommendations rejected were calling, end and prohibit torture, forced labour and child labour; and to undertake further efforts to prevent the standards; to cooperate effectively with Human Rights Council proceduresspecial and mechanisms; to international with line in judiciary the bring to instruments; rights human international core the of 12 10 AAPP 2010Report, Political AnnualReport: Prisoners inBurma , 2011. 9 year,Mr. one in expire to set sentence on first Moreover, his Mandalay. with 2010,21, in May Court Prison Obo the by imprisonment of in Arrested Mandalay. in 2008,September detained he was 3, on sentenced January 2009 to a total of 104 years remained regime, the by organisation, outlawed student national largest the (ABFSU), Unions Student of Gyi Phyo 2011, Mr. April of As sentences. harsh and detention activists rights land and unionists trade of Targeting recommendations seventy rejected and prisoners were political any there denied Burma which during 2011, in January Council Rights Human of the mechanism (UPR) Review Periodic Universal the of framework the in examined was Burma of record countries neighbouring in refuge seek to people of thousands forced also which freedoms fundamental and rights violations human of systematic ongoing the condemned strongly which 2011, 25, expression and movement toral process and to the lift on restrictions freedoms of assembly, association, elec fair and free, a transparent ensure to prisoners, political all of release the for calling March resolution On a 2010. adopted Council Rights February Human 26,the 2010, since country the to access denied been has Myanmar,Mr.Quintana, in Tomás Ojea Rights Human of Situation the on Rapporteur Special the particular, In period. reporting the throughout community. international the by calls repeated despite detained remained of them 2,000 over and place yet had to take prisoners and medicine.food deliver 2011,As political of for April amnesty a general 11

/

/ / / In 2010-2011, trade unionists continued to be subjected to arbitrary arbitrary to subjected be to continued unionists trade 2010-2011, In strained remained mechanisms rights human UN with Relations

According to AAPP, as of December 31, 2010, there were 2,189 political prisoners in Burma. See AAPP

See HumanRights Council Resolution, UNDocument A/HRC/16/24, March 25, 2011. On the recommendations proposed, the Government accepted, among others, calls for the ratification See HumanRights Council Resolution, UNDocument A/HRC/13/25, March 26,2010. , a leader of ABFSU, received an additional five-year jail sentence sentence jail five-year additional an ABFSU,received of leader ,a , a member of the Mandalay branch of the All Burma Federation Federation ,Burma of All the branch of Mandalay the a member 12 10 . . A similar resolution was adopted on March March on adopted was resolution similar A . Report of the Working Group on the Universal PeriodicUniversal the on GroupWorking the of Report 11 Bo Min YuMin Ko Bo . The human rights rights human .The annual report report annual Kyaw Kyaw , aka 2011 9 - ,

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by a Rangoon’s Kyauktada Township Court for “unlawful association” and “subversion”, which according to his defence lawyer, he was alleged to have committed during the monks’ protests in 2007. Mr. Kyaw Ko Ko was arrested in March 2008 along with Mr. Nyan Linn Aung, another leader of ABFSU. Both men were sentenced on February 9, 2009 to three years of imprisonment each by Rangoon Mingalar Taung Nyunt Township Court for “possessing illegal videos” of the 1988 uprising under the Video Act, which regulates uncensored videos. As of April 2011, Messrs. Kyaw Ko Ko and Nyan Linn Aung remained detained in Taunggyi prison. As of April 2011, Ms. Su Su Nway, a labour activist and a member of the youth wing of the NLD, also remained detained in Hkamti prison. Arrested in November 2007 during a UN visit to Myanmar to investigate the September 2007 crackdown, after attempting to put up leaflets near the hotel where a UN

investigator was staying, she was13 sentenced on November 11, 2008 to twelve years and a half in prison .

Land rights activists also continued to face repression in 2010-2011. As of April 2011, Mr. Ko Zaw Htay remained detained in Thayet prison. On January 23, 2009, Mr. Ko Zaw Htay was found guilty of giving out official secrets and sentenced by Magwe Township Court to ten years in prison on charges of “leaking sensitive information”, for taking video footage of army-confiscated land and sending it abroad in order to help farmers in Natmauk township, Magwe division, to lodge complaints before the International Labour Organisation (ILO) on the seizure of more than 5,000 acres of land by the military. On a positive note, on March 5, 2010, Mr. Pho Phyu, a labour rights lawyer who had assisted farmers whose land had been forcibly seized by the army, was released from prison after his sentence was reduced to one year imprisonment following pressure by the ILO. Yet, shortly after his release, he received a notice that his licence had been revoked. He had been arrested on January 15, 2009 and sen-

tenced to a four-year imprisonment on March 17, 2009 after representing14 labour activists detained for reporting the seizure of farmland to the ILO . On August 24, 2010, Messrs. Myint Maung and Thura Aung, two activ- ists who had assisted farmers in central Burma in filing legal proceed-

13 / Ms. Su Su Nway was the first person to successfully prosecute local authorities for their practice of forced labour in 2005. She had already been imprisoned after successfully taking legal action against village authorities over their use of forced labour. The officials concerned received prison terms, following which Ms. Su Su Nway was charged with “criminal intimidation” and sentenced to eighteen months in jail in October 2005. She was later released in June 2006. 14 / Following the ILO Liaison Office in Rangoon intervention, on February 17, 2010, the Magwe Divisional Court reduced to four months the initial jail terms against the eleven arrested farmers who had complained to the ILO over land confiscation by the regime. They were all released from Thayet prison, 286 as they had already served more than four months in pre-trial detention. to collect bodies of Cyclone Nargis victims for burial, and had started an an started had and burial, for victims Nargis Cyclone of bodies collect to 19 two years each. to sentenced KywewerePye Phone and Kyaw San Aung Messrs. and Dr. Win Nay while each, years 18 Divisional Court. 17 15 released were Kywe Pyae Phone and San Kyaw Aung Messrs. and Win years four to two from prison ranging Insein terms in jail court to special a by sentenced were workers relief six the 10, Dead”.OnApril the 2009, Buries that Group “The called organisation Win Dr.father, Aung’s Phyo Phyo Ms. with along 2008 June in arrested where north, 2008 far December in country’s transferred was the he in State, Kachin in prison Myitkyina detained in remained who activist, and director film comedian, prominent prison, in Mr. detained Tharawaddy remained and 2008 in September years’sentence a given fourteen was who imprisonment Mr. including detention, under remained Nargis Cyclone of victims Nargis Cyclone assisting workers relief of detention arbitrary Ongoing draconian Burma’s Law Press under charged be would they then material, written said had other or manifesto any published rejection, group if,the that authorities following Rangoon that added He law”. “international citing with reportedly rejected, Department been Labour had Government’s Burmese the union from officials labour independent an form to request Act Protection Property Public the of Mr. 6 (1) section inunder 2008 lateyears seven had givenThura Aung been Code, while Criminal the of 427 section December under prison in years two to in 2009 sentenced been had Maung Myint Mr. respectively. year, one and months six to sentences their reduced which division, Mandalay in Court Central the through appeal an winning after prison from Thayet released industry,were local by farmlands their of seizure the against ings 16 activists were summoned by the Rangoon police chief and told that their their that told and chief police Rangoon the by summoned were activists and Messrs. and carrying out relief activities in delta following the passage passage the following delta Irrawaddy the in activities relief out carrying

/ / / / / Moreover, on June 23, 2010, Mr. Pho Phyu and six others labour rights rights labour others six and 23,Mr.2010,Phyu June Moreover, Pho on As of April 2011, a dozen of individuals who were arrested in 2008 for for 2008 in arrested were who individuals of dozen a 2011, April of As

On February 13, 2009, he was granted a 24-year reduction of his original 59-year sentence by Rangoon

See APPP Monthly ofBurma’s Chronology Political Prisoners 2010. for August See APPP Monthly ofBurma’s Chronology Political Prisoners for January 2011. See APPP Monthly ofBurma’s Chronology Political Prisoners for June 2010. Messrs. Aung Thant Zin Oo and Shein YarzafourPhyo Shein to TunsentencedMs. wereand Phyo and Oo Aung Zin Thant Messrs. Aung , and Messrs. ,and 16 . Aung Thant Zin Oo Zin Thant Aung Aung Kyaw San Kyaw Aung and and and and 17 15 , as well as Ms. as well ,as . Shein Yarza Tun Yarza Shein Phone Pye Kywe Kywe Pye Phone 18 . In January 2011, Dr. Nay 2011, January In . U U Thura Phyo Phyo Aung Phyo Phyo . The three were were three .The

, aka annual report report annual for organising organising for Nyan Tun Nyan Nay Nay 2011 19 , . ,

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Furthermore, on February 17, 2010, Mr. U Ghawthita, a Buddhist monk who was active in relief efforts for Cyclone Nargis victims, was sentenced by the Rangoon Western District Court to seven years of imprisonment for “meeting and obtaining support from anti-Government groups in Thailand”. He had been arrested at Rangoon airport on August 26, 2009

upon his return from a missionary tour20 in Thailand. As of April 2011, he remained detained in Yamethin prison . Harsh conditions of detention of defenders in prison, leading to the death of one defender Human rights defenders who are arbitrarily detained in Burmese prisons face very harsh conditions of detention, including torture and the denial of food and medical treatment. In some cases, this led to the tragic death of prisoners. Many died from curable diseases such as diarrhoea, tuber- culosis or malaria. On May 19, 2010, Mr. Ko Kyaw Soe, a member of the Human Rights Defenders and Promoters Network (HRDP), passed away in Myingyan prison hospital, at the age of 39, due to prolonged ill- treatment in custody and the denial of medical treatment for respiratory problems. Mr. Ko Kyaw Soe had been arrested on September 17, 2007 and sentenced to ten years in prison on November 11, 2008 under Article 17.1 of the Unlawful Association Act, Article 13.1 of the Immigration Act and Article 505.B of the Criminal Code. He was tortured during inter- rogation, reportedly beaten, burnt with cigarettes and electrocuted. In Myingyan prison, he suffered from a respiratory disease and stomach problems. When his relatives had requested the prison authorities to buy

him appropriate medicine, authorities21 replied that they were taking care of him adequately and carefully . Furthermore, in November 2010, when detained human rights defender Ms. Sanda complained about the condi- tions of her detention, she was transferred to Putao prison, in Kachin State, 1,150 miles from her family. Ms. Sanda was arrested in May 2010 after she raised concerns at Twante township hospital after witnessing a car accident where a woman did not receive necessary medical treatment due to the absence of medical staff. On May 7, 2010, she was sentenced to one year

and six months in prison under Article 353 of the Criminal Code in rela22- tion to her complaint. In detention, Ms. Sanda’s health declined severely .

20 / See APPP Monthly Chronology of Burma’s Political Prisoners for February 2010. 21 / See AAPP Press Release, May 19, 2010. 288 22 / See AAPP Report, AAPP 2010 Annual Report: Political Prisoners in Burma, 2011. countries in Asia in countries tion of human rights tion in of Cambodia,rights human trendthe witnessed negative confirming April 2,2010. 4 3 UN Document CAT/C/KHM/CO/2, January 20, 2011. 2 No. RSP/2010/2931 2010. October 21, onCambodia, Cambodia 1 Government the with continued, also peoples indigenous 2010 of with quarter conflicts first the during livelihood or homes their losing of risk at families 2,500 over leaving cases, grabbing land in prominently evictvillagers, to forcibly officials andremained featured practice commona Government high-ranking to connections with companies by police tary most of functioning services public the and institutions public all affecting systematic, drift further a was there a towards and country the in root taken Democratisation fully critics. yet not its has of harassment increasing Government the with narrowed, considerably indeed space political years.The previous in context Political rights abuses. denouncing land and leaders, documenting union for retaliation fierce trade faced journalists and many leaders community activists, members, NGO to intimidation addition of In acts Also, continued. dispersed. violently or prevented were peaceful demonstrations while practices, bad and abusers rights human denounce to risky and diffi cult extremely it found environment, legal restrictive increasingly defenders an in rights operating Human proceedings. judicial illegitimate and unfair through ular partic in assembly, peaceful and expression opinion, of freedoms the on limitations defenders rights human of report protection annual the for observatory CAMBOD

/ /

/ / / / /

Illegal land confiscations and forced evictions continued. evictions forced ofuseandThemili confiscations land Illegal The year2010 2011 and wereearly marked byof a the deterioration situa increased with shrink, to continued society civil for space the 2010-2011, In

See Human Rights Council, Rights Human See

See Transparency International Corruption Perceptions Index 2010. See Committee Against Torture (CAT),CommitteeAgainst See See Cambodian League for the Protection and Defence of Human Rights (LICADHO) Statement, Statement, (LICADHO) Rights Human of Defence and Protection the for League Cambodian See , UN Document A/HRC/15/46, September 16, 2010 and Resolution Resolution Parliament European and 2010 16, September A/HRC/15/46, Document UN , de facto facto de 2011 2 . Cambodia remained accordingly one of the most corrupt corrupt most the of one accordingly remained .Cambodia 3 . one party system party one Report of the Special Rapporteur on the situation of human rights in in rights human of situation the on Rapporteur Special the of Report I Concluding observations of the Committee Against Torture CommitteeAgainst the of observations Concluding A 1 . Corruption was still widespread and and widespread still was .Corruption 4 . Land Land . - - - - ,

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granting concessions to companies in 5territories inhabited by indigenous groups or designated as national parks .

The first judgement of the Extraordinary Chambers in the Courts of Cambodia (ECCC) was delivered on July 26, 2010 in the case of Mr. Kaing Guek Eav, aka “Duch”, who supervised the systematic torture and execu- tion of thousands of prisoners at the S-21 detention centre in Phnom Penh during the regime, and four former Khmer Rouge leaders were indicted by the ECCC on September 16, 2010. However, concerns relating to the lack of independence and effectiveness of the

ordinary courts in Cambodia increased,6 with various (UN) actors expressing strong concerns . In particular, corruption and political interference appeared to affect the functioning of the judicial bodies at a very significant level and the courts continued to be used as an organ of repression, including to silence dissent voices. As a result, accountability for human rights violations was frequently not established and impunity remained widespread.

Furthermore, relations with the UN came under significant strain during 2010. The Government threatened to expel the UN Resident Coordinator after he released a statement on March 10, 2010 calling for a more transpar- ent and participatory process on the draft Anti-Corruption Law. Similarly, in October 2010, Prime Minister Hun Sen, in a meeting with UN Secretary General Ban Ki-moon, demanded the removal of the top UN human rights official in Cambodia, and stated that the Government intended to force the closure of the country office of the High Commissioner for Human Rights (OHCHR). This came after a strong criticism by the Country

Representative of the7 OHCHR regarding the deportation of two Thai citizens in June 2010 .

5 / To that extent, in its concluding observations adopted on April 1, 2010 following the examination of the 8-13th Periodic Report of Cambodia, the Committee on the Elimination of Racial Discrimination (CERD) expressed its concern at reports of intimidation and acts of violence against indigenous peoples during forced evictions or land disputes. CERD also found it worrisome that there appears to be a widespread tendency to press charges against indigenous peoples and arrest them when they protest against their forced eviction or contest the granting of a concession on indigenous land. See CERD, Concluding Observations of the Committee on the Elimination of Racial Discrimination - Cambodia, UN Document CERD/C/KHM/CO/8-13, April 1, 2010. 6 / See CAT, Concluding Observations of the Committee Against Torture - Cambodia, UN Document CAT/C/ KHM/CO/2, January 20, 2011 and CERD, Concluding Observations of the Committee on the Elimination of Racial Discrimination - Cambodia, UN Document CERD/C/KHM/CO/8-13, April 1, 2010. 7 / In April 2011, the UN Resident Coordinator eventually left his post but the OHCHR country office 290 keeps functioning. day-to-day anti-corruption actions. manages and Ministers, of Council the of supervision the Minister. under Primeoperates ACUthe to accountable are and institutions Government other eight and Assembly the Senate, the King, the by 10 9 Review:, UNDocument Cambodia A/HRC/13/4, January 4,2010. Council,Rights Human See holders. mandate procedures special thematic UN of visits the allowing corruption;and against law a adopting reform; judicial the completing and judiciary the of independence the ensuring instruments; rights human 8 corruption governmental of allegations examining of charge in be will which Ministers, of Anti-Corruption Council the the and within (ACU) level, Unit national the at policies anti-corruption developing for responsible be will (NAC), which Commission Corruption Anti- National the of independence of law, lack new the is the to relating concerns numerous the 2010. Among November in force into entered law The organisations. society civil from comments and consultation public for days seven on society bills. and civil laws these consult adequately and genuinely to failed Government the and transparent not was process drafting the Furthermore, defenders. for way rights the human against harassment and judicial pave administrative more arbitrary bills and laws those of provisions of number a Indeed, activities. rights human and freedoms and rights fundamental their of cise exer Cambodians’ undermine potentially could they as concerns further activities rights human for environment the restricting reforms Legislative 2010. October in Women(CEDAW) Against Discrimination of Forms All of Elimination the on Convention be groups society facilitated civil other and NGOs of work the that and defenders rights human protect to developed be policy a that suggested mendations recom Other association. and assembly of freedoms safeguarding by ing or intimidation, hindrance work to their includ without conduct defenders rights human all of right the and expression of freedom protect to strengthen efforts to recommendations including Council, Rights Human UN the of process Review recom Periodic 91 Universal the all from 2010, stemming mendations March in accepted Cambodia hand, other the On

/ /

/ On March 11, 2010, the Anti-Corruption Law was hastily adopted, only adopted, only hastily was Law 11,On March 2010, Anti-Corruption the Law Anti-Corruption the of Adoption to rise gave laws restrictive and ill-defined of adoption the 2010, In

Other recommendations related, among others, to the ratification of the remaining core international Including oneofficialholidayIncluding anda weekend.

The eleven members of NAC, responsible for developing the anti-corruption strategy, are appointed 8 9 . The country also acceded to the UN Optional Protocol of the the of Protocol Optional UN the to acceded also .country The after the draft was released, severely limiting the opportunity opportunity the limiting severely released, was draft the after Report of the Working Group on the Universal Periodic Universal the on GroupWorking the of Report

10 . Neither the NAC the Neither . annual report report annual 2011 - - - -

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nor the AUC is required under the new law to release public reports on their activities and findings. Additionally, provisions relating to the protection of witnesses and whistle-blowers are vague and may put the

latter in danger as11 they could face prosecution if their allegations are deemed to be false . Entry into force of the Law on Peaceful Demonstration In April 2010, the Law on Peaceful Demonstration, which had been promulgated in December 2009, entered into force. The broad terms of the law give to the authorities sweeping discretion to deny Cambodians permission to peacefully assemble and protest. The law is inconsistent with Cambodia’s Constitution and international human rights obligations. It is worrisome since authorities often refuse to authorise demonstrations or delay granting authorisation until the eleventh hour, even though the letter of the law only contains notification requirements. It thus risks to be abused to silence critical voices. Entry into force of the new Penal Code The new Penal Code, adopted in October 2009, entered into force on December 10, 2010 and had an immediate effect on freedom of expression, by further reinforcing some already existing restrictions. Article 495 of the Code defines the act of incitement in a vague manner as sharing or expos- ing the public to speech, writings, drawings or audiovisual communications that could “directly result” in a crime being committed, or in “serious social unrest”. Under this definition, the law does not actually require the incite- ment to be effective in order to be punishable. The law further allows for the criminal prosecution of peaceful expressions of opinion, which “affect the dignity” of individuals, public officials, government institutions and

even companies. Questioning a court judgement12 may come within the ambit of the crime of “disturbing public order” . The provisions of the

11 / In particular, the law allows for whistle-blowers to be prosecuted if the allegations they raise are declared to be false by the anti-corruption body. This is a clear threat against anti-corruption initiatives and against NGOs and journalists working in this field. On November 9, 2010, the CAT expressed its concern that ACU had not yet taken any steps against alleged perpetrators of acts of corruption and was not yet fully operational. See CAT, Concluding Observations of the Committee Against Torture - Cambodia, UN Document CAT/C/KHM/CO/2, January 20, 2011. 12 / Article 523 makes it a separate crime to discredit judicial acts and decisions, in order to disturb public order or endanger Cambodian institutions. The distinction between a judicial act and a judicial decision is not defined, and the inclusion of both indicates a broad prohibition. Similarly, “disturbing public disorder” and “endangering Cambodian institutions” are both alarmingly vague phrases. The crime carries a potential prison sentence of one to six months, and a fine of 100,000 to one million riels 292 (about 16 euros to 167 euros). carrying out legitimate activities without the proper legal status.carrying outlegitimate activities legal without theproper disproportionatelywill community-levelaffect vulnerableprosecutiontogroups.Theybe foralso will statement within 30 working days of notification of registration from the registration list. Such a decision 14 new lawunnecessary. this of for-profit introduction the both registration, making non-profitvoluntary on and entities based 13 the that feared is block to it Government the allow form, would particular, current Law,its in In adopted if activities. union to trade risks latter curtail the workers, further that union trade alleges protecting at aims Government law Sen’s draft Hun the Minister Prime Although 2011. April of as Labour of Ministry the at consideration under still was which changes. marginal only March with on however 24,2011, released was draft revised A implementation. the poses arbitrary also of law risk draft the of provisions certain of and wording vague ambiguous The decisions. those against appeal of possibility any without officials, Government for power discretionary wide for allows and sations organi for requirements reporting intrusive introduces also law draft The country. the in operating associations informal of types other and NGOs grassroots and be to community-based unregistered for prove problematic may particularly This years. in society civil to threat serious most the be them on requirements administrative and considerable bureaucratic places also It registered. not are that groups by activity any NGOs,and law banning associations all for registration draft compulsory introduces The authorities. the displease that organisations down close or registration refuse to used be easily too could it as society civil strengthen, than rather control, to is Government the of society intention the civil that confirmed govern that regulations and laws existing other alongside needed is law new this why to as answer adequate an provide to the by released 15,on December Ministry 2010. Interior has failed the Government While finally was and (NGOs) Association on Organisations Law draft Non-Governmental the of text the 2008, September in Sen agents. military and police abusive or to officials corrupt representatives criticise society civil for risky more significantly it make Code

/ / / In January 2011, the second draft Law on Trade Unions was released, released, was Unions Trade on Law draft second the 2011, January In Unions Trade on Law Draft Hun Minister Prime by announced was adoption imminent its While NGOs and Associations on Law draft the of Release

In particular, the enactment of the 2007 Civil Code serves as an adequate legal framework to regulate

A newly added clause allows the Government to remove applicants that fail to submit a bank bank a submit to fail that applicants remove to Government the allows clause added newly A 14 , and appears to to appears and , annual report report annual 13 , the draft draft the , 2011 - 293

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15 protests, imprison union leaders , disband existing unions and prevent others from forming. The draft also allows trade unions to be dissolved by court order following complaints by a third party or the Government. It further foresees excessive fines and prison terms for union leaders in breach of regulations. Acts of reprisals against trade union leaders Acts of reprisals against trade union representatives continued unabated throughout 2010 and early 2011, while impunity for such acts were still widespread. In particular, the trade union movement remains shaken by the assassination of three leaders of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC) in 2004 and 2007 – Mr. Chea Vichea (2004), Mr. Ros Sovannareth (2004) and Mr. Hy Vuthy (2007) –, all the more as their real assassins have yet to be brought to justice, and police investigations are at an apparent standstill. Moreover, on September 30, 2010, Mr. Phao Sak, a trade union representative for FTUWKC in Kampong Speu province, was severely beaten by unknown assailants. Mr. Sak had been involved in negotiations at the Generation International Company for factory workers to be granted bonuses for Pchum Ben Day. He was hospitalised after the attack and treated for head injuries. No suspect was arrested in connection with the case and the police denied

that it was an attempted murder, with the Samrong16 Thong district police chief labelling it merely as “drunken altercation” .

Trade union leaders also faced judicial harassment. For instance, on November 18, 2010, Mr. Sous Chantha, a trade union leader with the United Apparel Garment Factory, was stopped by military police officers close to the factory and searched. The officers produced nine packages of illegal drugs. Despite highly contradicting accounts of the incident, on November 19, the municipal court decided to place Mr. Chantha in pre- trial detention on charges of “drug trafficking” (Article 33 of the Law on the Control of Drugs). He has been held in pre-trial detention in CC1

15 / The draft Law on Trade Unions prohibits union leaders from a wide variety of ill-defined, broadly worded “unfair labour practices” under Articles 67 and 68. A “workers’ union, its officers, or representatives” must not: “violate the duty of good faith in collective bargaining, or refuse to bargain collectively with the employer”; “violate or cause to violate a collective bargaining agreement”; “agitate for purely political purposes or commit acts of violence at the workplace”; or “strike illegally”. Chapter 15, which describes the punishment for engaging in such unfair labour practices, uses the word “guilty” throughout, indicating an intent to impose criminal sanctions for such conduct. Violations of Article 68 could also potentially form the basis of a criminal prosecution under the new Penal Code for incitement (Article 495), which carries a prison sentence of up to two years. 16 / See LICADHO Report, Freedom of Expression in Cambodia: The Illusion of Democracy, December 294 2010. 20 2010 and Community Education Centre Legal (CLEC). begin on June 24,2011. June on begin “incitement” and “destruction of private property”. If found guilty, they they guilty, to up to found fiveinbe prison sentenced years could If property”. private of “destruction and “incitement” 19 2010. 18 well asClean ClothesDecember 2010. 14, Campaign Statement, workers transfer from IDUF to join CCAWDU. Two hours later, Mr. Chanta was arrested. See LICADHO as CCAWDU. On November 18, Mr. Chantha signed the join documents and at IDUF theleave factory, to needed formalisingpaperwork the his discuss union’s to again 1,000 met CCAWDU and day, he next The Workers Democratic Union (CCAWDU) to request for his union members to join the CCAWDUApparel federation.Cambodian of Coalition the approached Mr. Chantha 2010, 16, November On management. pro-factory as perceived being IDUF, latter with the odds at increasingly themselves found workers, & Democratic Union Federation (IDUF). In late 2010, Mr. Chantha and his union members, roughly 1,000 17 on down cracked forcibly police for 2010, 18, compensation September On for revenues. filed lost and illegal strike the of wave second the ing reinstatement for waiting still were factories thirteen from 2011,workers 141 April of as and, leaders union against were in filed the strike.also cases of legal Dozens involvement of their because organisers and representatives union 200 over suspend to owners factory authorising orders day,issued judges six least at following 2010.The 27, September on demands their discuss to meeting a for and Affairs, Rehabilitation Youth Veterans Social of Ministry the by invited were employers and representatives union trade after leaders union by end an to 16,called to was 13 and days,September from four for lasted strike the of wave to workers. first The bid garment for a wages minimum in increase strike nationwide a in participated workers garment of sands Pao Ien Phnom in factory Fong Sunlee Penh,Messrs. conditions. leaders working Union improved demanded who the of workers by 2010 19, August on injured were by PCCS Garments owned a of factory workers garment female nine least At demonstration. peaceful the disperse to rifles assault and gear riot with in moved police when representative union a of sacked reinstatement the for demonstrating were workers 3,000 27, on July 2010, approximately on them.down Forcrack to instance, force of use excessive to resorts often relating to labour issues were denied by frequently and the police authorities jail in years five to two risks He since. prison

/ / / / Furthermore, requests for peaceful demonstrations made by workers workers by made demonstrations peaceful for requests Furthermore,

Since 2008, Mr. Chantha acted as the factory leader of the local union affiliated with the Independent

See LICADHO Report, Report, LICADHO See See LICADHO Report, Report, LICADHO See See CLEC. 18 , . Authorities also cracked down on a demonstration organised organised demonstration a on down cracked also Authorities . Heng Bora Heng 20 . The affected factories also obtained court orders declar orders court obtained also factories affected .The Freedom of Expression in Cambodia: The Illusion of DemocracyDecember of , Illusion The Cambodia: Expressionin of Freedom Freedom of Expression in Cambodia: The Illusion of DemocracyDecember of , Illusion The Cambodia: Expressionin of Freedom and and Nun Chamnan Nun later faced criminal charges of of charges criminal faced later 17 19 . The trial was scheduled to scheduled was .trial The . 2010, In September thou annual report report annual 2011 - -

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the second wave of strikes, resulting in twelve factory workers being injured.

Several trade union leaders21 also reported having subsequently received threats by phone and SMS . Intimidation of land rights defenders and community leaders The intimidation of land rights defenders and community leaders contin- ued throughout 2010-2011. Land rights activists routinely faced violence

and arrests, and those22 in power frequently used judicial proceedings to restrict their activities . As of April 2011, fifteen land rights activists were

detained in Cambodia’s prisons - most on trumped-up23 charges designed to remove them from their role as community leaders . Countless others suffered forced evictions and harassment. On March 24, 2010, Mr. You Thon, an Omlaing Commune Council member, and Mr. Khem Vuthy, community leader, were arrested on charges of inciting villagers to burn down two temporary shelters used by construction workers belong- ing to Ly Yong Phat’s Phnom Penh Sugar Company. The villagers’ land was allegedly confiscated by Ly Yong Phat, a Senator from the ruling Cambodian People’s Party. Mr. You and Mr. Vuthy were released on bail

on March 29, 2010, and remained under surveillance.24 As of April 2011, the charges against them remained pending . On January 25, 2011, Mr. Sam Chankea, Coordinator of the Cambodian Human Rights and Development Association (ADHOC) in Kampong Chhnang, a human rights defender active in land rights issues, was sentenced to 3 million riel (about 502 euros) in compensation and 1 million riel (about 167 euros) in fine by the Kampong Chnang Provincial Court for defaming the work of KDC International Company, owned by the wife of the Minister of Mining and Energy. Mr. Chankea’s lawyer will appeal the sentence. The complaint against Mr. Sam Chankea followed a radio interview broadcast on December 26, 2009 in which he expressed his opinion over a land

dispute between dozens of villagers25 and the KDC International Company in Kampong Chhnang province . He was subsequently quoted in Koh Santepheap newspaper on December 30, 2009. Two community leaders,

21 / See LICADHO Report, Freedom of Expression in Cambodia: The Illusion of Democracy, December 2010. 22 / In 25 per cent of the land grabbing cases, individuals and organisations accused of land grabbing used military police units to threaten, intimidate and arrest land activists and community representatives involved in land disputes, and to prevent peaceful demonstrations by villagers. See LICADHO Statement, April 2, 2010. 23 / See LICADHO. 24 / See LICADHO Press Release, March 25, 2010. 25 / The dispute, which dates back to 2002, is a long-standing land conflict between the above-mentioned company and more than 100 families that have sued the company for having bulldozed their land, 296 damaged their properties, grabbed their land and violated their rights. The proceedings are still on-going. 26 28 27 March 5,2010. area, was arrested and beaten, resulting in a severe wound to the head. head. charge the without day to same the on wound released was severe He a in resulting beaten, and arrested was area, Mr. incident, the Senator. During party ruling a Company, by owned Shukaku by Penh Phnom in grab land Kak Boeung ongoing the into General Secretary UN visiting the by intervention Khmer-Soviet seek to the Penh of Phnom in front Hospital in Friendship gathered group a villagers on fifty down cracked approximately of officers police administrative and police riot villagers Mr. representative, The community a of release authorities. the demanded local also the and commune Ba Doun in villagers the between dispute land long-standing the of Penh awareness Phnom raise to order in central in villa Sen’s Hun Minister Prime near peacefully had assembled villagers The guards. security and police, district and ipal by munic dispersed was violently 45 of villagers about gathering a peaceful 8,2010, August On to complaint. land forced withdrawing and documents detention thumbprint in night a spending after released was eighth detainee The complaints. their withdraw to refused they if in prison Sar imprisonment Prey of the police on the by released threats were to succumbing villagers day, after same eight the of out Seven monitors. the by taken photographs deleted and LICADHO and ADHOC from monitors detention their for reason the disclosing without arrest, under them of eight placed police the villagers, with confrontations After batons. electric and shields Takhmao in Sen Minister Hun Prime of home the outside demonstration a hold to Ministry, attempted Interior the of General Secretary Deputy Samon, Mr.In with dispute land a in involved are who district Dangkor in Proka Village from tions and land grabbing were severely repressed. On March 1, 2010, villagers million against 8 Charges pay firm. the to to dropped. Mr.were Rom ordered compensation and in was euros) euros) Seima 1,339 Mr. 335 (about company. riel (about the riel of million 2 activities fined the denounce to protests obstructing repeated by staging and attempts development Company’s defaming International KDC for Court Provincial Chnang Kampong the Mr. Ly / / / Moreover, demonstrations organised in favour of victims of forced evic forced of victims of favour in organised Moreover, demonstrations , who has been in detention since August 2008. On October 28,2010, October On 2008. August since detention in been has ,who

The names of the villagers areThe names notdisclosed for ofthevillagers security reasons. See Cambodian Centre for Human Rights (CCHR), LICADHO, ADHOC and CLEC Joint Press Release, See LICADHO PressSee LICADHO Release, October 28,2010. Pheng Rom Pheng 27 . In addition, the police confiscated cameras belonging to rights rights to belonging cameras . confiscated In addition, police the Suong Sophorn Suong and Mr. and 26 . The villagers were blocked by the police with with police the by blocked were villagers .The Reach Seima Reach , a land activist from the Boeung Kak Lake Lake Kak Boeung the from activist ,land a , were also prosecuted before before prosecuted also were , 28 . annual report report annual Hun Seng Seng Hun 2011 - -

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Judicial harassment of anti-corruption activists Human rights activists and journalists continued to face judicial harass- ment on politically motivated charges for denouncing corruption cases. On February 9, 2010, the trial of Cambodian Centre for Human Rights (CCHR) members Mr. Cheab Chiev and Ms. Khoem Sarum, as well as of Mr. Sok Serey, a journalist, and two Cham community representatives started before the Takeo Provincial Court on charges of “disinformation” (Article 62 of the United Nations Transitional Authority in Cambodia Penal Code). Charges had been brought against the five individuals in September 2009, following an interview on Radio Free Asia broadcast in December 2008 that discussed a dispute between Cham com- munity leader Rim Math and 206 members of his mosque in Kampong Youl village, and during which they further alleged corruption on the part of the local officials in Kampong Youl village in Takeo province. On February 19, 2010, the Takeo Provincial Court acquitted the five individuals on charges of disinformation. The ruling was not appealed. On April 13, 2010, Mr. Hang Chakra, the Editor of opposition daily news- paper Khmer Makras Srok, was released under a royal pardon to mark the Khmer New Year, after ten months in prison on charges of disinformation. Mr. Hang Chakra had been arrested on June 26, 2009 after being convicted on

the same day to one year imprisonment and a 9 million riel (about 1,507 euros)29 fine for publishing articles regarding alleged Government corruption . Urgent Interventions issued by The Observatory from January 2010 to April 2011 Names Violations / Follow-up Reference Date of Issuance Obstacles to freedoms of Press Release / September 2, 2010 expression, association International and assembly Fact-Finding Mission Report Mr. Ath Thorn, Ms. Morn Nhim Threat of arrest / Urgent Appeal KHM September 20, and Mr. Tola Moeun Obstacle to freedom of 001/0910/OBS 110 2010 peaceful assembly Mr. Sam Chankea Judicial harassment Urgent Appeal KHM January 18, 2011 001/0111/OBS 002 Mr. Sam Chankea, Mr. Pheng Sentencing / Judicial Urgent Appeal KHM January 25, 2011 Rom and Mr. Reach Seima harassment 001/0111/OBS 002.1 Obstacles to freedom of Joint Press Release April 7, 2011 association

298 29 / On August 11, 2009, the Appeal Court had upheld Mr. Hang Chakra’s conviction. April 8,2011. into soft detention. See UN Working Group on Enforced or Involuntary Disappearances Press Release, put releasedor being beforeintimidated and torturedoften then are facilitiesand detention secret to taken are dissent of suspected persons where China,disappearancesenforced in of pattern a is there expressed serious concerns over the wave of disappearances over the preceding months, stressing that Defenders (CHRD). On April 8, 2011, the UN Working Group on Enforced or Involuntary Disappearances 1 Internet on gatherings peaceful for calls re-posting or posting past for the charges of subversion severe faced most Some decade. the of one be to considered is that crackdown a counter-operation, security massive the of part as interrogations lengthy to subjected were or restricted movements their had surveillance, arrest tight or house under put disappeared, arrested, reportedly were artists and defenders rights human lawyers, bloggers, activists, opposition of Dozens places. symbolic or central certain to 27 people February on on called peacefully march post to online another police, the from response a massive with faced Although China. across cities several in 2011, 20, on February slogans chant to protestors urges post online The in . those and Tunisiato similar uprising”, Revolution-style “Jasmine a start to urging 2011, 19, people February on online call especially anonymous an reactions after Their well. intensified as China in effect spill-over a revolutions have the may that concerned increasingly became authorities Chinese context Political 2010. Expo World Shanghai the as such events, and anniversaries key of eve sensitive the on association and assembly expression, of freedoms restrict and defenders on to crackdown continued also authorities The ance. disappear enforced and detention arbitrary including intimidation, of and acts harassment various to subjected be to continued scandals, various in the role Government’s questioned who and corruption evictions, forced denounced who HIV/AIDS, on working defenders as well as including lawyers rights human defenders, 08”, “Charter rights of human signatories the context, that In Africa. North and East the Middle in events the following 2011 February in started that Revolution” calls “Jasmine a online for anonymous to response in dissent of form any against increased repression their authorities Chinese the addition, In 2011. and 2010 throughout restricted defenders rights human of report protection annual the for observatory CH

/ /

Following the events in the Middle East and North Africa in early 2011, in early Africa North and East Middle in the events the Following severely remained freedoms fundamental and activities rights human China, In See (HRIC) Press Release, February 23, 2011 and Chinese Human Rights Rights Human Chinese and 2011 23, February PressRelease, (HRIC) China in Rights Human See I NA 2011 1 . - 299

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In 2010-2011, freedom of expression and access to information contin- ued to be severely restricted. Journalists were jailed or dismissed from employment as a form of reprisal against reporting, which was considered inappropriate by the authorities. The use of Internet, in particular access to independent news and microblogging and social networking websites continued to be tightly restricted by the so-called Great Firewall of China. Bloggers and activists posting messages online that were considered threat-

ening by the authorities, were facing increasingly2 severe consequences as a result, including lengthy jail sentences . On a positive note, in March 2010, Google announced that it had redirected Google.cn to the -based search engine Google.com.hk, where it now provides uncen- sored search results. This was done in response to cyber attacks on e-mail

accounts of dissidents and human rights activists,3 which reportedly origi- nated from Government-affiliated servers .

Moreover, in October 2010, the amendments to the Law on Guarding State Secrets, adopted on April 22, 2010, came into effect. The revised law still does not contain a precise definition of what actually constitutes State secrets, which makes it possible that virtually any information, including maps or economic statistics, can be considered as State secrets. This is all the more worrying since authorities frequently resort to the law in order to avoid disclosing information. Additionally, the amendments bring elec- tronic data under the scope of the law, by obliging Internet providers and telecommunications companies to provide information on persons leaking or simply sharing information considered to be State secrets. It is feared that the Government will use the new provisions of the revised law to

tighten its crackdown on freedom of expression, and in particular on cyber-4 dissidents and human rights defenders exposing Government misconduct .

In October 2010 also, the Fifth Plenum of the 17th Congress of the Chinese Communist Party appointed Vice-President Mr. Xi Jinping, the Vice-Chair of the Central Military Commission. The appointment of Mr. Xi Jinping into this position foreshadows that he will succeed Hu Jintao as the President of the People’s Republic of China in 2012.

The Shanghai World Expo 2010 was held from May to October and was surrounded by a number of human rights-related controversies. It is indeed believed that approximately 18,000 families were displaced from their homes in order to provide space for the exhibition. To prevent victims of forced

2 / See CHRD, Annual Report on the situation of human rights defenders in China 2010, March 3, 2011. 3 / See HRIC, China Rights Forum No. 2, April 2010. 300 4 / See CHRD, China Human Rights Briefing, April 27- May 3, 2010 and HRIC Press Release, April 29, 2010. Chairperson of the Working Group on Arbitrary Detention JointSpecial PressRapporteur Release, on the December Promotion 13, 2010.and ProtectionInternet of the Rightregarding to Freedomthe Nobel of OpinionPeace and Prize.Expression Seerelocations, andSpecial Rapporteur acts of intimidation,on the Situation and blockingof Humandetentions ofRights meansof human Defenders,rights of communication,defenders, and over 120 otherincluding cases of house removalarrests, their travelof statement contentrestrictions, the experts on theforcedstated that since 8 October 2010, they had overreceived the crackdown reports on human of rightsover defenders20 arrests since Liuor Xiaobo was awarded the Nobel Peace of OpinionPrize. andIn Expression and the Working Group on Arbitrary7 Detention expressed their serious concerns of HumanRights. Since itsrelease over haveit. 10,000 people signed 6 5 ceremony the of time the around disrupted widely also were connections phone cell and Internet detention”. “soft or arrest house under put were Beijing,others from awaywhile stay or leave to forced were them of Some as they were detained, interrogated, placed under house arrest or surveillance. significantly intensified dissidents activists,and lawyers, rights intellectuals human ceremony,on the December, crackdown to in the up leading ment announce the from months the during Furthermore, Oslo. in ceremony award the attending from possible as Governments many as discourage to the information concerning the award and blocked foreign broadcasters, all censored authorities 2010,Chinese China”includingOctober in in rights human the Nobel Peace Prize “for his long and non-violent struggle for fundamentalof dozen a and diplomats media from accessing the the courtroom. After Mr.prevented was that Liu Xiaobo was awardedCourt forces The floor. security the by take surrounded to lawyers defence the allowing without verdict his gave Judge the and minutes few sentence. a only lasted Xiaobo’s session court The Liu Mr. confirmed Court People’s High Municipal power”. State 11,of subversion February for On “inciting 2010, Beijing the rights political of years’ two deprivation and imprisonment of years eleven 2010-2011. in particular,2011,In April Mr.of as authorities the by intimidated and harassed judicially be country the in democracy and rights human promote that activists 08” “Charter on crackdown Ongoing instructions the disregards who threateningany punishment”“strict for others or petition on or near the Expo grounds for the duration with of the Expo,gather to not them warning notice a received or home detention” at “soft under held were petitioners.Many threatened and detained, harassed evictions from drawing attention to their grievances during the Expo, police Jinzhou, Liaoning province, after being sentenced on December 25, 2009 to scholar,08,and in activistCharter detained the remained of co-author and

/ / /

Signatories Signatories of “Charter 08”, an online petition calling for political reforms

The Special Rapporteur on the Situation of Human Rights Defenders, the Special Rapporteur on Freedom Charter 08 was published on December 10, 2008, on the 60 See HRIC PressSee HRIC Release, 2010 Action,April28,2010. April1, andCHRDUrgent BBC and CNN , and started an aggressive diplomatic campaign in order Liu Xiaobo Liu th anniversary of the Universal Declaration , a prominent human rights rights ,human prominent a 6 annual report report annual , continued to to ,continued 5 2011 . 7 - .

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On October 10, 2010, Mrs. Liu Xia, Mr. Liu Xiaobo’ wife, was placed under house arrest by Beijing municipal State security officers after a visit to her imprisoned husband. As of April 2011, she remained under house arrest. On June 28, 2010, Mr. Liu Xianbin, a human rights activist and signatory of Charter 08 who previously served two prison terms for his human rights and democracy activism, was detained on suspicion of “inciting subversion of State power” by police in Suining city, Sichuan province, after writing a series of articles and essays calling for democratic reform and human rights. The police raided his home, and the following day officers summoned, harassed and threatened his wife and thirteen-year old daughter. Mr. Liu also worked to increase public awareness of other persecuted democracy activists and human rights defenders. On March 25, 2011, he was sentenced to ten years in prison, on charges of “incitement to subvert State power”.

The sentence is 8the second longest handed down for inciting subversion after Mr. Liu Xiaobo . Chinese artist Mr. Wu Yuren, a signatory of Charter 08, was detained on June 1, 2010 while reporting a to the police station, and was allegedly beaten while in detention. His detention relates to the protests he organised in February 2010 to draw attention to the forced demolition of the 008 Arts District. Mr. Wu is known to have been involved in other protests over land seizures that threatened art studios. On April 3, 2011,

Mr. Wu was released on parole pending a verdict 9to be handed down in his case for “obstructing public affairs with violence” . Increased repression of human rights defenders working on HIV/AIDS Human rights defenders promoting and protecting the rights of persons living with HIV/AIDS continued to face serious obstacles and to be harassed by judicial and tax authorities. In particular, as of April 2011,

Mr. , an HIV/AIDS activist, co-founder and 10former Director of the Beijing Aizhixing Institute of Health Education as well as winner of the 2008 for Freedom of Thought, remained detained in Beijing municipal prison. His health gradually deteriorated while he

was in detention and he was suspected of suffering from11 liver cancer. Yet, the authorities rejected applications for medical parole . Furthermore, on

8 / See CHRD, China Human Rights Briefings, June 22-30, 2010 and HRIC Press Releases, June 29, July 6, 2010, February 1 and March 25, 2011. 9 / See CHRD, China Human Rights Briefings, November 16-23, 2010 and January 25-February 1, 2011 and HRIC. 10 / A grassroots organisation that aims at educating the public about HIV/AIDS and at advocating for the rights of persons suffering from AIDS. 11 / Mr. Hu Jia was arrested on December 30, 2007 and charged with “inciting subversion of State power”, and was sentenced on April 3, 2008 to three years and six months in prison. On June 26, 2011, he was released after completing his sentence. Yet, he remained subjected to a one-year deprivation of his 302 political rights. See HRIC Press Release, June 27, 2011. 12 serious face to continued practitioners, Gong Falun as well and as Uyghurs Tibetans, defenders, as rights human such prisoners, authorities, political of the by defence the “sensitive” deemed are that cases on taking lawyers rights human on Crackdown of result a campaigning as his monitoring and harassment police frequent to subject edly report was Xi Mr. detention, Tian his to Prior infected. similarly others for and himself for both hospital the from compensation request and medi cine more obtain had to order who in him hospital, visited had Mr. him. Tian Government dismissed the of Director the with argument an after arrested was Mr. 2010, 2,Tian August On Institute. for Aizhixing worked the also He HIV/ supplies. blood with public infected contaminated people through of AIDS thousands to the for compensation of campaigned has old, granting years nine was he when transfusion tainted a blood of result a as AIDS contracted who Mr. Tian, years, property”. recent of In destruction “intentional for prison in year HIV. one to of province, epidemic an city, and People’sin Zhumadian County Court Henan by Xincai the sentenced transfusions for Mr.2011, 11, February On blood of sale Government- the between supported link the up covering of leaders party former two accused Mr.letter,Bingzhong this In Institute. Research Education Mr. by written was letter,which the remove to authorities the from requests several received Education, Health of Institute Aizhixing the of Director and Foundation in Mr. HIV.role its and spreading plasma blood in trade the about 2010 December in letter open an published it after Foundation, Research Aizhixing the of website the down shut to order an issued Beijing of office information municipal the 2011,15, March On status. compliance tax NGO’s the of inspection their resumed had authorities the that Beijing the informing Bureau, Taxation from Local notice a received Institute the 2010, 7, September down.On closing into Institute the inspectors pressuring at tax aimed and the of illegal viola be might actions tax the for years, five within punished be discovered not cannot tions organisation an Management Collection, the Tax on of Law the to according that fact the Given back 2002. dating to records tax produce should Institute the that note a left and Bureau Taxation employees Institute. questioned Aizhixing They ofthe offices at the Local arrived Beijing the from inspectors two 2010, 19, May / Lawyers working on human rights cases, in particular those who are are who those particular in cases, rights human on working Lawyers See CHRD,, February China HumanRights Briefing 9-14, 2011 andHRIC. 12 . Bingzhong Chen Wan Yanhai Wan Tian Xi Tian , Founder of the Aizhixing Research Research Aizhixing the of Founder , , a Beijing-based AIDS activist, was was activist, AIDS Beijing-based a , , a former head of the China Health Health China the of head , former a annual report report annual 2011 - - -

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repression by the authorities and frequently had their licences cancelled or revoked. The authorities apply different approaches to the licences of human rights lawyers. In most cases the licences are cancelled, which still leaves open the possibility of reapplying for a licence at a later date. However, the administrative punishment of revocation is more severe

than denying13 renewals, since this decision permanently bars lawyers from practicing . For instance, Mr. Tang Jitian and Ms. Liu Wei, two Beijing human rights lawyers, were subjected to judicial harassment and saw their

licenses14 definitively revoked in May 2010, by the Beijing Bureau of Justice (BBJ) . Both were accused of “disrupting court order and interfering with

the normal conduct15 of litigation activities”, on the basis of Article 49 of the Lawyers’ Law . On the day of the hearing, on April 22, 2010, about twenty supporters who had gathered outside the building of the BBJ in a show of strong support along with 200 lawyers, activists and petitioners, were taken away by the police and at least eight other lawyers and activists were prevented from attending the hearing by Beijing police, including Ms. Liu Wei’s representative. In June 2010, Mr. Tang and Ms. Liu appealed for administrative reconsideration of the revocation of their licenses; and on September 3 and August 27, 2010, respectively, they received written notice that the original decisions were upheld. Chinese human rights lawyers also faced restrictions on their freedom of movement. Mr. Tang Jitian faced restrictions on travel and, in January 2011, Mr. , a Beijing human rights lawyer, was prevented from leaving China to attend a seminar on human rights in the .

Lawyers were also subjected to arbitrary detentions and assaults as repris- als to their human rights activities. Mr. Chen Guangcheng, a promi- nent self-taught human rights lawyer, was finally released from prison on

September 9, 2010 after having served over four years of imprisonment for16 his work exposing human rights abuses in city, province . However, despite having served his full sentence, Mr. Chen and his family

13 / See CHRD Urgent Action, April 22, 2010. 14 / Mr. Tang and Ms. Liu are two of about 20 lawyers whose licenses were not renewed by their local bureaus of justice in June 2009 in reprisal for taking on some of these “sensitive” cases. 15 / The accusations refer to the trial of a Falun Gong practitioner that took place on April 27, 2009 where Mr. Tang Jitian and Ms. Liu Wei, representatives of the defendant, had walked out the courtroom after pointing out the repeated interruptions by the Presiding Judge and court officials. See HRIC Press Release, April 20, 2010. 16 / Mr. Chen, a lawyer involved in denouncing the extensive use of violence by the authorities of Linyi in relation to birth planning policies, had been arbitrarily detained since March 2006. In December 2006, he was sentenced to four years’ and three months’ imprisonment for “intentionally disrupting traffic” and “inciting material destruction”. While in detention, he was denied appropriate medical care and would reportedly be in very poor health. See HRIC profile, “Incorporating Responsibility 2008: Chen 304 Guangcheng”. company, and for having public interest activities inconsistent with its commercial enterprise designation. 20 17 officers police Shanghai and Beijing by Beijing in hotel her at arrested was rights, women’s reproductive promoting also and evictions forced ing rights, oppos housing defending in active been has who activist Shanghai For 23, authorities. the instance, on February 2010, Ms. by targeted return in were activists rights human prominent of harassment activists rights human other of harassment the denouncing those of harassment judicial and detention Arbitrary confiscated other as items well as books account company’s the returned also 2009. August in PSB The detention from released were they since trial ing Director, Mr.Gongmeng’s against measure bail the removed also police The fines”. its the paid has “company because Initiative) Constitution Open the as evasion” known “tax (also of suspected Gongmeng NGO Beijing against case the dismissed (PSB) Bureau Security Public 2010, Beijing September Mr.of bouts office. He returned home after a few days of disappearance of days few a after home returned He office. by kidnapped on unknown individuals April 29, was 2011,Centre, of outside his NGO’s Yirenping Beijing NGO rights health the with advisor legal missing Mr.as him register to refused police the and custody in was Mr. Gao that denied subsequently authorities The torture. subjected on reappeared only had March 28,He he which had been during a detention 14-month 2010 following 2010. 20, April on heard last was 2006, in subversion” “inciting for sentence suspended with a along receiving since family, his surveillance, police constant under been had who Gao,Mr. unknown. cases,remained rights human high-profile on took who Office, period this family his during and he suffered abuses the and vide a arrest of house illegal release the the detailing to otape related reportedly was beating The treatment. Shuanghou medical from seeking prevented from were and subsequently home at their town police and city Linyi from officers security beaten national by were wife his and Guangcheng Mr.Chen 2011, 8, February conditions. On harsh very under arrest house extrajudicial to subjected were 18 2011. 19 /

/ / / Human rights defenders expressing their opposition to the judicial judicial the to opposition their expressing defenders rights Human

See CHRD,See

See CHRD Urgent Action,April29,See CHRDUrgent 2011. See HRIC PressSee HRIC Releases, February 4,10, 17andApril8,2010 On August 17, 2009, Gongmeng had been shut down for providing “false data” when it registered as a Xu Li Fangping Li 20 . , February, Briefing Rights China9-14,Human Press 2011HRIC and Release, February 11, Gao , staffer and , a Beijing-based human rights lawyer, working as a as working lawyer, rights human Beijing-based a , , Director of the Beijing-based Shengzhi Law Law Shengzhi , Beijing-based the of Director 17 Zhuang Lu Zhuang . Moreover, as of April 2011, the wherea the 2011, April of as Moreover, . , await on out bail been had who Mao Hengfeng Mao annual report report annual 19 18 . Finally, in in Finally, . . Likewise, Likewise, .

2011 ,

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and placed under administrative detention for ten days for “disturbing social order”. She was arrested and detained because of the slogans she shouted outside the Beijing Municipal No. 1 Intermediate People’s Court on December 25, 2009 to denounce the arbitrary sentencing of Mr. Liu Xiaobo. On March 4, 2010, Ms. Mao Hengfeng, who had already been detained several times and subjected to ill-treatment in the past years due to her human rights activities, was ordered by the Shanghai Municipal Committee for the Management of Re-education Through Labour (RTL) to serve one and a half year of RTL. Likewise, on February 13, 2010, Mr. Tong Guojing, another Shanghai protester who shouted slogans outside the Beijing Court on December 25, 2009, was also ordered to serve one and a half year of RTL, though his RTL decision cited his participa-

tion in a gathering of more than 100 people in Shanghai in January21 2010 – not the Beijing court incident – as the basis for the punishment . While detained at the Anhui RTL facility, Ms. Mao was subjected to ill-treat- ments, including beatings by the RTL guards and by the persons in charge of the facility. On February 22, 2011, Ms. Mao Hengfeng was granted medical parole because of her very high blood pressure. Yet, on the morning of February 23, 2011, more than ten police officers blocked the entrance of her home and did not allow her to leave. The police officers stayed in front of the house until February 24, 2011, when the Head of the Anhui RTL facility, along with a dozen Shanghai and Anhui police officers, entered

Ms. Mao’s home and22 took her away and announced that her medical parole had been rescinded . It is not until June 9, 2011 that Ms. Mao’s husband received official notice regarding Ms. Mao’s whereabouts, when he was

informed that she had been kept in the Shanghai prison general23 hospital from February 24 for treatment of her high blood pressure . In February

2011, Messrs.24 Jiang Tianyong, Tang Jitian and , a human rights legal scholar , disappeared after a meeting in a with several other lawyers and human rights activists from Beijing to discuss the case of Mr. Chen Guangcheng, on February 16, 2011. During the meeting, the restaurant had been surrounded by police officers from the Beijing Municipal PSB, who stayed until the end of the meeting. The police then arrested Mr. Jiang Tianyong, who was interrogated at the police station of Haidian district, before being released five hours later. During his

21 / See HRIC Press Release, March 9, 2010. 22 / The Anhui RTL facility authorities cited Ms. Mao Hengfeng’s “illegal activities inconsistent with [the stipulations of] medical parole” as the basis of the decision, but did not specify what those activities were. 23 / Ms. Mao was released from RTL on July 28, 2011, one month before the completion of her 18-month RTL order. The decision to release her early was based on the prison hospital’s suggestion that she get hospital treatment outside of prison. See HRIC Press Release, July 28, 2011. 24 / On June 3, 2008, Mr. Teng Biao, who represented AIDS activists, Falun Gong practitioners, Tibetan 306 protesters, and farmers fighting land seizures, he was denied the renewal of his license. Director of the Tianwang Human Rights Centre, who remained detained detained remained Centre, who Rights Human the Tianwang of Director On June 9, 2010, the Sichuan Provincial High People’s Court upheld upheld Court People’s High Provincial Sichuan the 2010, 9, June On 25 of charge the on People’s Court, Intermediate Municipal Chengdu the by 9, rights, on February years’ three issued tional 2010 of political deprivation Mr. earthquake Sichuan the in died who children carried of protests families the the about by out journalists foreign to interviews and reports provided also He children. their lost website had who his parents on of plight the information about published and disaster the of provided victims times, to aid numerous zone earthquake Sichuan the visited he after 10, 2008, June on arrested arbitrarily was Mr. noti decision. Huang the of fied formally not were lawyer decision his the and wife before Mr.Huang’s and hearing made was appeal oral any given not was Huang Mr. secrets”. State of possession “illegal for prison in years three to sentenced in as Chengdu of 2011.April On 23,November 2009, Mr. had Huang been by Mr. lodged appeal the rejected Court 8,Intermediate period. City On February reporting Chengdu the 2010 throughout harassment judicial face to continued construction, in larities irregu the and of casualties on number the information publicising merely victims, to or assistance providing 2008,May in activists Sichuan in quake corruption and scandals various in role Government’s the questioned who defenders against repression Ongoing disappearance. enforced of months two after 19,2011, April on home 29, arrest,Mr. house while under 2011,returned remained April but Jiang Tianyong and 5 April on respectively released were Biao Teng and Jitian printer, a books, of Mr.articles, DVDs photos and computers, Messrs. Guangcheng. Chen Tangtwo confiscating home, his searched Unit National PSB’s Security Municipal Beijing the from computer. policemen 20, a February and on police the by confiscated called and also was Mr.Biao Teng2011, 19,house February On brother’s Tianyong Jiang Mr. returned to police Beijing the evening, same That staying. temporarily was he where home, brother’s his from Tianyong’s him took Jiang Mr. policemen by Beijing as family identified men five 2011, or 19, four February “within On home days”. return would he that told was She husband. her about ask to station police Guang’anmenwai the to went wife Jitian’s Mr.2011, 21,Tang February of morning the away. On him dragged and home Jitian’s Mr.entered Tang officers police two 2011, 16, February of evening the On ill-treated. allegedly was Tianyong Mr.Jiang detention, Releases, December 26,2010 andJanuary 2and June 2011. 11, / Although more than two years had passed since the devastating earth devastating the since passed had years two than more Although

On June 10, 2011, Mr. was released after completing his three-year term. See HRIC Pressthree-year HRIC his JuneMr.See 2011, releasedOn term. wascompleting 10,after Qi Huang TanZuoren ’s previous sentence to five years in prison, with an addi an with prison, in years five to sentence ’sprevious Huang Qi Huang , a cyber-dissident and and , a cyber-dissident

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“inciting subversion of State power”. Mr. Tan Zuoren, an environmen- tal activist based in Chengdu, Sichuan province, was detained in March 2009, three days after the online release of a report entitled Independent Investigation Report by Citizens, which presented findings of his investiga- tion into the causes of the widespread collapse of school buildings during the May 2008 earthquake in Sichuan. However, he was tried on the basis of attempting to organise commemorative activities for the 20th anniver- sary of the Tiananmen Massacre and conducting interviews with “hostile foreign forces” such as the exiled student leader Wang Dan. On August

12, 2009, his trial took place before the Chengdu Municipal Intermediate26 People’s Court but the verdict was only announced on February 9, 2010 . The court session in June reportedly lasted only a few minutes. The court was surrounded by security forces that prevented supporters, the media, and diplomats from accessing the courtroom. At least four of his support- ers, including Mr. Tan Zuoren’s daughter, Mr. Chen Yunfei, a Chengdu activist, and Mr. Li Tinghui, a petitioner, were taken away by the police.

Likewise, although more than two years had passed since the tainted milk scandal, activists and relatives of victims trying to establish account- ability and raise awareness of the violations and irregularities commit- ted continued to face severe consequences for their activities. Mr. Zhao Lianhai, a children’s rights activist and founder of the website Kidney Stone Babies, was sentenced to two and a half years in prison on November 10, 2010, on charges of “causing a serious disturbance” and “disturbing social order”, for organising a victims’ association in connection with the 2008 tainted milk scandal. He announced his intention to appeal the sentence. However, on November 22, 2010, the final day on which he could file an appeal, Mr. Zhao’s lawyers received a note stating that he no longer needed their services. It is feared that he was pressured by authorities to fire his

lawyers and drop his plan to appeal his conviction.27 On December 28, 2010, Mr. Zhao was released on medical parole .

Activists exposing the abuse of power of local authorities were also repressed and received harsh prison sentences ostensibly in retaliation of their activities. As of April 2011, Mr. Qi Chonghuai, a reporter and former Shandong Bureau Chief for the Fazhi Morning Post, remained detained in Zaozhuang prison, Tengzhou city, Shandong province. Mr. Qi was arrested

26 / The appeal decision was handed down four months after the appeal, in violation of Article 196 of the Criminal Procedure Law, which stipulates that an appeal trial should be concluded within one and a half months after the filing of the appeal. 27 / See HRIC Press Releases, March 10 and 30 and November 10, 2010 and CHRD Urgent Action, 308 December 15, 2010 and China Human Rights Briefing, December 28, 2010 - January 3, 2011. 30 social stability”. 29 11 andJuly 28,2011. Press HRIC See Shandong. wasin Releases,rejectedcourtappeal a byhis 2011, June2010Mayand 30, July25, On embezzlement”. and blackmail “extortion forand prison in years additional eight to 2011 28 Symposium, Rights Human Guizhou the of meeting a prevented already had police 9,the May PSB. On the by summoned also were group the of Jiangang Messrs. detained had police officers 24,the May on before, days Hebin few police A park.at of place take to number scheduled meeting, large weekly group’s a the 28, prevented May on instance, For released. subsequently being before during province, Guizhou Guiyang, in detention ill-treatment their suffered or questioning, for by summoned police, detained the were members its of many movement, democracy 1989 the to 21 2010 the 4, June on commemorate meeting a hold to planning was Human Symposium Rights Guizhou the as instance, For massacre. Square Tiananmen the as such anniversaries, sensitive politically commemorating gatherings ful peace to harshly particularly reacted events. authorities sensitive The cally politi key of eve the on association and assembly expression, of freedoms events and anniversaries sensitive key of eve the on defenders rights human of repression Increased detained his remained on all they Lama 2011, April Dalai of As website.the about article an posting for reportedly country”, Samdrup Mr.Rinchen sentenced Court People’s Intermediate Chamdo the 2010, 3, July On artefacts”. looted in “trading and 1998, to back dating Region, Autonomous Uighur Xinjiang the Yanqicounty, in in graves” “robbing of to sentenced was 15 years in and foreuros),1,100yuan fined (about prison 10,000 he oncharges 2010, 24, June On detention. their protest to tried he 3, after 2010 January on arrested was philanthropist, and activist rights Mr.brother, their addition, In species endangered poaching of officials local in accusing and group village their environmental an running for 2009 August since in tion deten (TAR), in been Region have they Autonomous prefecture, Tibetan county, Gonjo Chamdo of village their in activists environmental Tibetan Messrs. for As for in Tengzhou on corruption 2008 city reporting blackmail” and May after “extortion in prison in years four to sentenced and 2007 25, June on

/ / The authorities continued in 2010-2011 to repress defenders and restrict and restrict defenders to repress in2010-2011 continued authorities The / /

See TibetanCentre for HumanRights andDemocracy (TCHRD) Press Release, July 9, 2010. Although Mr.four-year Although his Junecompleteto on wassentenced9,was Qi Junehe 2011, on 25,term In November 2009, Mr. Chime Namgyal received a sentence of 21-months of RTL for “harming “harming for RTL of 21-months of sentence a received Namgyal Mr. 2009,Chime November In ,

to five years in prison on charges of “incitement to split the the split to “incitement of charges on prison in years five to Xu Guoqing Xu Chime ( Jigme) Namgyal Jigme) ( Chime st anniversary of the Government crackdown on on crackdown Government the of anniversary and and Du Heping Du Karma Samdrup Karma for 72 hours. Several members members Several hours. 72 for and and Rinchen Samdrup Rinchen , also a Tibetan human human Tibetan a also , 30 . annual report report annual , two two , Mo Mo 2011 28 29 - - - . .

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stopping the participants in front of their homes and arresting some of them, including Mr. Mo Jiangang, who was severely beaten while in deten- tion at the police station.

Furthermore, ahead of the opening of the 2010 Shanghai World Expo on May 1, 2010, officials in Shanghai detained, placed under surveillance, or threatened activists, dissidents, and petitioners across the city and in surrounding areas. Police in other cities also warned activists not to travel to Shanghai. Police sought out high-profile local activists and made it clear that any efforts to criticise the Government were to be met with swift and serious retaliation. For example, Mr. Feng Zhenghu, a veteran Shanghai activist who for years has sought to draw attention to the failures of the Shanghai judicial system, had planned to set up a “Shanghai Expo of Unjust Court Cases” during the Expo. Around midnight on April 19, 2010, Shanghai police raided his home, confiscated his computer equipment and took him away for a four-hour interrogation. Police threatened that if he spoke out during the Expo they would “make him disappear like Gao Zhisheng”. Other activists were placed in detention to ensure that they will be out of sight for the duration of the Expo. A number of activists in the provinces surrounding Shanghai, such as Messrs. Wen Kejian and Zou Wei in Zhejiang province, and Zhang Lin in Anhui province, were warned by local police against travelling to Shanghai during the Expo. Activists in cities as far away as Guangzhou, Xi’an and Beijing were warned not to travel to Shanghai or speak out during the World Expo. Several Shanghai activists were sent to RTL for reasons related to the World Expo. Finally, some veteran Shanghai petitioners were detained as a warning to others ahead of the event. For example, Ms. Shen Peilan, who has been petition- ing since the forced demolition of her home in 2003, was administratively detained for 15 days in the Minhang district detention centre in late March

and early April 2010. Ms. Shen, who was beaten during her31 detention, was subsequently released, and went into hiding in Shanghai .

In that context, human rights defenders denouncing forced evictions continued to be victim of judicial harassment. For instance, in August 2010, Mr. Liu Zhengyou, a Sichuan activist who has provided continued assistance to petitioners and victims of forced evictions and reported on human rights abuses in his hometown of Zigong city, was sentenced to two years in prison. Mr. Liu was arrested on November 11, 2009 and shortly thereafter criminally detained on suspicion of “fraud”. Eight officers also searched his apartment and copied the contents of his computer.

310 31 / See CHRD Urgent Action, April 28, 2010. to April 2011 April to 2010 January from Observatory The by issued Interventions Urgent and Guoqing Xu TangJitian, M Guizhou M Mrs. essrs. Mrs. A Mr. Mr. Chen Guangcheng Chen essrs. Mr. izhixing Mr. Mr. S Mr. Liu Xia Liu Mrs. Ms. F L TangJitian ymposium / ymposium Mao Hengfeng, Mao Mr. Mao TongGuojing iu Xiaobo and Xiaobo iu oundation TanZuoren Names Jiang Tianyong, Jiang Liu Xiaobo Liu Huang Qi Huang Human , Jiangang Mo Liu WeiLiu Tengand Biao Hu Jia Hu Hengfeng R esearch Du Heping Du Rights and

ll-treatments in detention Ill-treatmentsin nforced disappearancesEnforced detention / detention C Violations / Follow-up / Violations detention / detention freedoms of expressionof freedoms ouse arrest / arrest House of assembly / assembly of ensorship / ensorship entencing in appeal / appeal in Sentencing entencing / Sentencing bstacles to freedom to Obstacles rbitrary detention / detention Arbitrary Judicial harassment Judicial Judicial harassment Judicial R rbitrary detention Arbitrary parole detention / Judicial / detention arbitrary detention arbitrary condition / Judicial / condition ngoing arbitraryOngoing ngoing arbitraryOngoing elease on medical on elease and association and F ear for safety for ear harassment harassment detention / C R Harassment ritical health ritical e-arrest / e-arrest bstacles to Obstacles Arbitrary Arbitrary Ongoing

/ CHN005/0809/126.2 OBS CHN005/0809/126.3 OBS CHN001/0310/034.1 OBS 105.3 CHN004/068/OBS CHN009/1107/141.7 OBS CHN002/0410/051 OBS CHN003/0610/074OBS CHN002/0311/050 OBS CHN001/0310/034 OBS CHN004/1010/124 OBS Urgent 001/0311/028 OBS Urgent Urgent Urgent Urgent Urgent Urgent Urgent Urgent Urgent Urgent P P ress ress Reference Appeal R R Appeal Appeal Appeal Appeal Appeal Appeal Appeal Appeal Appeal Appeal elease elease CHN annual report report annual Date of Issuance of Date F F ctober 11, 201011, October ctober 8, 20108, October January 4, 20104, January ebruary 12, 201012, ebruary arch 10, 201010,March arch 25, 201125, March ebruary 8, 20108, ebruary pril 26, 201026, April arch 2, 2011 2, March pril 13, 201013, April arch 1, 2011 1, March June 10, 201010, June June 3, 20103, June

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In 2010-2011, human rights defenders who denounced extrajudicial killings and other abuses committed by security forces, in particular in the context of the Naxalite (Maoist) insurgency and the volatile situation in Jammu, Manipur and Kashmir, and those who stood up against widespread impunity for such violations, continued to face judicial harassment. Those working to promote and protect the rights of marginalised groups also faced serious reprisals, including when protesting against development projects that threaten or destroy the land, natural resources and livelihood of their communities. Defenders of women’s rights and of environmental rights were also targeted, and several activists who denounced corruption were assassinated.

Political context In 2010-2011, the Government of India was forced to battle the conse- quences of an increased Naxalite (Maoist) insurgency in seven States, which was singled out by Prime Minister Manmohan Singh on April 21, 2010 as the biggest internal security threat, asserting that “no quarter can be given to those challenging the authority of the Indian State”. Despite lengthy peace talks with Pakistan, the situation in Jammu and Kashmir also remained volatile. In the context of both conflicts, security forces frequently resorted to excessive use of force and were responsible for extrajudicial kill- ings, torture, enforced disappearances and other forms of violence, often without being held accountable. Security laws, including the Public Safety Act and the Armed Forces Special Powers Act (AFSPA), which is at the

origin of many acts of police violence in the State of Manipur, Jammu and1 Kashmir. Public Safety Act and the Unlawful Activities Prevention Act also continued to be arbitrarily implemented and contributed to the climate of impunity surrounding the security and military operations in question.

Additionally, the reform of the police had still not been implemented neither by the Government of India nor by several State Governments as of April 2011, despite a 2006 ruling by the Supreme Court in that regard. The Government also faced a number of high-profile corruption scandals, including in connection with the 2010 Commonwealth Games, as corrup- tion remained widespread and affected most segments of the public sector.

1 / This law was widely criticised for being extremely vague and subjective on what is deemed unlawful by the authorities. Moreover, it includes no provision for the granting of bail to detainees or for the 312 right to appeal. Sekaggya, asshe concludesSekaggya, hervisitto India , January 2011. 21, Council, Rights Human See funding. foreign receive to order in Affairs Home of Ministry the by status their of review the for years five reapplyevery must NGOs providesthat which Act, ContributionRegulations defenders should also be reviewed. She also expressed concerns the amendment about to the Foreign rights human of safety and work the affect adversely that laws security other of application the that 3 2 and “sedition” of charges on Court, High impris the life by to onment sentenced was State, Chhattisgarh the in branch PUCL impunity. against 24, 2010, Dr.December On work rights human legitimate their to obstacles other and harassment judicial detentions, and arrests arbitrary to subjected be to continued indeed laws emergency who mentioned or the of violations repeal the such for of called victims for justice seeking forces, security committed by abuses denouncing defenders defend rights rights Human in. human operated ers environment the on repercussions serious again forces security by committed abuses other and executions extrajudicial against protesting defenders of harassment Judicial in defending human rights and fundamental freedoms fundamental and rights human defending in work legitimate their to stolen, relation files in and raided offices their had or displaced, forcibly arrested surveillance, under charged, put falsely detained, and arbitrarily threatened, were disappeared, defenders ill-treated, rights tortured, human killed, that noted further She defenders. rights the human at of safety and both work the affecting adversely levels, implementation State and their central in deficiencies widespread still were there rights, human protecting and promoting at aimed laws of number a despite that noted Sekaggya, Ms.Margaret Defenders, Rights Human of Situation the on Rapporteur Special (UN) Nations United the 2011, 21, projects. business other and industrial to due States evictions several forced in to subjected also Landless were system. groups caste marginalised the and of farmers illegality the despite and discrimination face deep in live to continued Adivasis, and Dalits the primarily villages in reside people poor areas. are in urban million of 75% 67.1 and More than areas are in rural the million line, 193.2 an which of poverty the below are million inhabitants, 260.3 estimated billion one nearly its Of country. single a in people poor Peoples’ Union for Civil Liberties (PUCL) and Secretary General of the the of General Secretary and (PUCL) Liberties Civil for Peoples’Union

/ /

In 2010-2011, the cycle of violence in the areas affected by conflict had conflict by affected areas the in violence of cycle the 2010-2011, In to 10 January from India to out carried she visit official the Following of number largest world’s the have to continued India Furthermore, In particular, Ms. Sekaggya called for the repeal of the AFSPA and the Public Safety andAct, stressed See Banglar Manabadhikar SurakshaSee Banglar Mancha (MASUM). Statement of the Special Rapporteur on the situation of human rights defenders, Margaret Margaret defenders, rights human of situation the on Rapporteur Special the of Statement Binayak 2 . The poorest and most marginalised groups, marginalised most .and poorest The , National Vice-President of the the of , Vice-President National 3 . annual report report annual 2011 - - 313

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4 “conspiracy” under Sections 124(A) and 120(B) of the Criminal Code . On February 10, 2011, the Chhattisgarh High Court refused to grant him bail on the grounds that he was closely associated with members of the Naxalite Maoist guerrilla, which made him guilty of sedition. On April 15, 2011, the overruled the decision and ordered the release on bail of Dr. Sen. Yet, as of the end of April 2011, the charges against Dr. Sen remained pending as the appeal was pending before the High Court of Chattisgargh. Moreover, as of April 2011, Ms. , a human rights defender on hunger strike since

November 2, 2000 in protest against the AFSPA, continued to5 be detained for “attempting suicide” (Section 309 of the Criminal Code) . Moreover, in the night of January 31, 2010, Mr. Devi Singh Rawat, a human rights lawyer in Ajmer district of the State of , was arrested and accused of “voluntarily causing hurt to deter public servant from his duty” and “assault or criminal force to deter public servant from discharge of his duty” (Sections 332 and 353 of the Criminal Code), as well as “mischief causing

damage to public property” (Section 3 of6 the Public Property Damages Act). A dozen villagers were also arrested . On January 5, 2010, Mr. Devi Singh Rawat had filed a case for torture in the court of Judicial Magistrate No. 4 against officials of the Adarsh Nagar police station, at the request of People’s Watch National Project on Prevention of Torture (NPPT). On January 30, 2010, the police officials tried to persuade Mr. Singh Rawat for a compromise, threatening him that otherwise he would have to face dire consequences. However, Mr. Singh Rawat refused to withdraw the case. On February 2, 2010, Mr. Devi Singh Rawat was released on bail from central prison in Ajmer, along with the fifteen other arrestees in this case. As of April 2011, charges against him remained pending. Members of the human rights NGO Banglar Manabadhikar Suraksha Mancha (MASUM), West Bengal, were also subjected to judicial harassment because of their activities, in particular for denouncing abuses committed by the Border Security Forces (BSF), including extrajudicial killings, smuggling and

4 / Dr. Sen, who had helped to organise fact-finding investigations on human rights violations in the State of Chhattisgarh, including abuses against detainees and also denounced the alleged involvement of the police into the unlawful killing of twelve Adivasis in 2007, had been arrested in 2007 for alleged links with the Naxalite Maoist guerrilla. 5 / According to the Criminal Code, the maximum sentence for the charge of “attempting suicide” is of one year in detention. Therefore, Ms. Sharmila is released every year and then placed in detention shortly afterwards again for the same reasons. As a consequence, the authorities have since then regularly resorted to forced nasal feeding. 6 / He was accused of allegedly participating in a fight between villagers and police personnel that occurred the same day during local elections in Palra village. However, at the time of the confrontation, Mr. Singh was not at the place of the incident. During their detention, Mr. Devi Singh Rawat and the other villagers who were arrested were forced by the police to remove their clothes, following which 314 they were photographed. The pictures were then made available to the press. Gulbar Society Massacre of February 2002, should not send any commu any send not 2002,should February of Massacre Society Gulbar the of victims of support legal the in involved organisation rights human police station in the Tirunelveli district of the State of of TamilState the of Nadu, which district the in Tirunelveli station police People’s Watch andtheDalitFoundation from 11 to 20, August 2010 inMadurai. by co-organised programme training a of framework the in fact-finding rights human on experience 10 communities.of Dalitsandothermarginalised 9 sessions at the Supreme Court. She also denounced the lack of protection hearing given in to defence witnesses their and and cases victims.several of documentation the including victims, to support legal 2002.in TeestaMs. Setalvad activelybeen has involved massacrethe of investigation intothe through 8 and was yet bail tofrom get Court theHigh inKolkotta. bail anticipatory obtained Mr. Tiphagne stage. trial at was 2011, April of as which, case the in accused Tiphagne, Executive Director of People’s Watch and a member of the OMCT Executive Council, was also the NPPT in India in June 2008 in . Mr. Kirity Roy was released on bail on the same day. Mr. were initiated following a People’s Tribunal on Torture (PTT) that had been conducted by MASUM under a public servant”) and 229 (“impersonation of a juror or assessor”) of the Criminal Code. Those charges 7 the of 506(i) and 416 353, 170, Sections for under “punishment intimidation”, and criminal personating” by from “cheating servant duty”, his public of deter to discharge force criminal or “assault servant”, public station that by at officials Veeravanallur from youth police Dalit a on inflicted the torture about of inquire case to sent alleged team fact-finding a of part as visited had they Foundation Dalit the of and Ms. and activities. their out Adivasis carrying For and instance, when on August 15, 2010, Messrs. Dalits reprisals to the subjected were including (tribals), groups, marginalised of rights the communities marginalised of rights the of defenders against Reprisals restriction. this justify to court by the provided reasons the to as obtained be could mation in massacre the of (OHCHR) investigation the Rights concerning anymore Geneva Human for Commissioner High the to nication Setalvad Ms. that stating an order issued reportedly of India Court the Supreme 2011, 3, March on Furthermore, Sharma. Chandra Gopen Kirity and Messrs. Roy against pending remained proceedings 2011, April of As MASUM of district Murshidabad in Monitors Rights Human District MASUM, of Secretary Messrs. against proceedings the by illustrated as trafficking,

/ / / /

/ /

In 2010-2011, human rights defenders working to promote and protect protect and promote to working defenders rights human 2010-2011, In

On April 7, 2010, Mr. Kirity Roy was arrested under sections 120(B) (“conspiracy”), 170 (“impersonating

The Dalit Foundation is committed to the eradication of caste discrimination and the empowerment This massacre, causing the death of 69 people, happened during the riots in the State of of State the in riots the during happened people, 69 of death the causing massacre, This

The fact-finding team was one of the thirteen different teams that were sent in the field to gain gain to field the in sent were that teams different thirteen the of one was team fact-finding The , Head of the organisation Citizen for Justice and Peace (CJP), a (CJP), Peace and Justice for Citizen organisation the of , Head Bharathi Pillai Bharathi 9 Gopen Chandra Sharma Chandra Gopen , were arrested and detained at the Veeravanallur Veeravanallur the at detained and ,arrested were , Ms., 10 Niharga Priya Niharga . They were accused of “impersonating a “impersonating of accused were .They Ghana Diraviam Ghana and Ms. and and and Julfikar Ali Julfikar Sudha and annual report report annual Kirity Roy Kirity 8 .infor No , members members , Anandan Teesta , both both , Henri 2011 7 - - , . ,

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Criminal Code respectively. The remand report also referred to Mr.Henri Tiphagne, Executive Director of People’s Watch and a member of the OMCT Executive Council, as the “absconding accused”, which means that he could be arrested at any time claiming that he was involved in this case. Subsequently, Messrs. Ghana Diraviam and Anandan, and Ms. Bharathi Pillai, Ms. Niharga Priya and Ms. Sudha were all released on

bail. As of April 2011, the 11National Human Rights Commission (NHRC) was investigating the case . On August 17, 2010, Mr. Naba Dutta, Head of “Nagarik Mancha”, a civil society organisation focusing on environ- mental and labour rights, three other members of the organisation, the driver and a victim of the “Lodha” tribal people, were arrested by police officials in plain clothes who did not show them any warrant or inform them of the reason of their arrest. They were coming back from a sit-in organised in front of the Block Development Officers at Narayangarh,

West Midnapur district, to protest against the lack of effective12 investigation into an attack against the Lodha tribe on May 5, 2010 . Subsequently, all persons concerned were released except Mr. Naba Dutta, who was sent back to the Sadatpur Investigation Centre due to his alleged connection with a criminal dated December 18, 2009. Mr. Dutta remained detained incommunicado until August 18, 2010, when he was released on bail. Yet, he remained charged under seventeen sections of the Criminal Code and three sections of the Arms Act in connection to his alleged involvement in the burning of a factory in Paschim Medinipur district in December 2009. As of April 2011, the case against Mr. Marimuthu Barathan, President of the Human Rights Education and Protection Council, who has been

working closely with Dalit communities in Tirunelveli and surrounding13 southern districts of State, was also still pending trial .

Moreover, human rights defenders engaged in denouncing development projects that threaten or destroy the land, natural resources and livelihood of their communities were targeted by State agents and private actors. For instance, on April 2, 2011, Ms. Ibempishak Takhellambam,

11 / Subsequently, the NHRC observed that the police officers had committed a grave violation of the victims’ human rights and sent a notice to the Government of Tamil Nadu on May 25, 2011, calling upon its Chief Secretary to provide compensation to the defenders. 12 / On May 5, 2010, eleven Lodha huts were ransacked and set on fire by hoodlums, allegedly supported by the ruling party. A complaint was filed before the competent authorities but no effective investigation was carried out. 13 / Mr. Marimuthu Barathan has been subjected to judicial harassment since May 27, 2009, when he was arrested by the police and accused of the murder of a man, as well as of being involved in the killing of twenty Dalit people. Following those killings, the Tirunelveli police arrested several Dalit people. The victims sought the assistance of Mr. Barathan in front of Government officials and the police. He was charged for various offences, including “rioting armed with deadly weapons” and “murder”. He had 316 been released on bail on June 27, 2009. nexus between railway police and criminals at the Barauni railway station. railway Barauni the at criminals and police railway between nexus 15 primarily orun-skilled semi people, inrural living work to people India. day in 2009 prices. This act was introduced with the aim of improving the purchasing power of the rural related unskilled manual work at the statutory minimum of wage 2,22 US dolars (about 1,53 euros) per employment in every financial year to adult members of any rural household willing to do public work- 14 2010, 14, February On case. Mr. the in arrested were people Torrent by Power.Three connection electricity illegal about details obtain to Act RTI the under application an filed had Power.Torrent He company the from officials with meeting after dead,shortly found was Gujarat, Ahmedabad, 2010, 11, February On officials. ment depart registration land some and politicians, industrialists local involving around Talegaon,and in with scams land swords.many Mr. exposed had armed Shetty men masked four or three by killed was , Pune, Mr. 2010, 13, January On 2010-2011. in assassinated were Act (RTI) Information to Right the on corruption denouncing defenders against threats death and of Killing Orissa of State the in for and Adivasis, of district, Keonjhar in logging illegal rights and mining from protection land ecological the for advocates that organisation an and Development TrainingRural Integrated (KIRDTI), Keonjhar Institute their on Badra (FIR) Madhusudan Report Messrs. 2011, 9,Information February First on Moreover, a case. file to stations police refused two the of reportedly officers but Pallel, and Kakching police of the at stations complaints filed Takhellambam Ms. and Konjenbam Ms. (MGNREGA) Act Guarantee Employment Rural National Gandhi Mahatma the implement to Panchayat Gram authorities Pallel of local by taken steps on them inform to Manipur of State of the Officer Information Public State the of refusal the threats following These occurred consequences. dire face would otherwise or activities their stop should they that members family their told and homes their entered men, women,by who unidentified two threats death of indigenous received Leima”), “Macha an as organisation dedicated to the empowerment and known the defence of the rights (also Marup Leishem Chanura Manipur of Mayanglambam Ms. bail by Keonjhar Lower Court. Lower Keonjhar by bail

/ / / Several right to information activists who exposed corruption by relying by relying corruption exposed who activists information to right Several

KIRDTI isalso involved ondevelopment inworking activities withthe“Juang” tribal community. MGNREGA is a job guarantee scheme that provides a legal guarantee for one hundred days of of days hundred one for guarantee legal a provides that scheme guarantee job a is MGNREGA Shashidhar Mishra Shashidhar Memcha Sagolsem Memcha , four indigenous Meitei human rights defenders, members and 15 , who had been arrested in July 2008, were granted granted 2008,were July in arrested been ,had who of Begusarai, Bihar, was killed after exposing the the exposing after Bihar, Begusarai, killed of was Kandera Hebram Kandera , Ms. Ms. , Satish Shetty Satish Anita Konjengbam Anita

Mr. , an anti-corruption activist of of activist anti-corruption an , Vishram Laxman Dodiya Laxman Vishram , members and activists of the the of , activists and members Rabindra Kumar Majhi Kumar Rabindra 14 . On April 6, 2011, 6, April On . and Ms. Ms. and annual report report annual Momon Momon 2011 of of - ,

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On April 4, 2010, Mr. Sola Ranga Rao, an RTI activist in Krishna district, Andhra Pradesh, was found dead near his house. Although his death was initially reported as an accident, it is believed he was killed because of the RTI application he had filed with a district office regarding the misuse of funds sanctioned for the village’s drainage system. On April 21, 2010, Mr. Vitthal Gite was seriously injured when a group led by the son of the educational society that runs Sainath Vidyalaya at Waghbet village in Beed district, Maharashtra, attacked him. Mr. Gite had sought informa- tion under the RTI Act and exposed irregularities in the functioning of several schools in the village, which were published in a local newspa- per. On May 22, 2010, Mr. Datta Patil, a RTI activist from Ichalkaranji, Kolhapur district, who exposed corruption amongst several politicians and bureaucrats, was found dead in Maharashtra. Through RTI, Mr. Patil had exposed black-marketing of foodgrains under the Public Distribution System, and how the sand mafia contractors were paying their way into silencing officials as they freeloaded on sand which belonged to the State. The Anti-Corruption Bureau (ACB) had also started investigations against certain local municipal contractors on the basis of complaints lodged by Mr. Patil. On July 20, 2010, Mr. Amit Jethwa, a RTI activist, was killed in Gujarat. Mr. Jethwa had filed several petitions in the Gujarat High Court against the Forest Department. On the day of his killing, he had been meeting with his lawyer in relation to a public interest litigation that he had filed in June about illegal mining in the Gir forests of Junagadh district (Western Gujarat). Mr. Jethwa had alleged that mining activities were being carried out in Una and Kodinar areas by family members of a local member of Parliament. He had furthermore alleged that the same

politician was running illegal16 mines and stone crushing in another village bordering the Gir forest .

Labour rights activists, in particular those who documented cases of corruption related to MGNREGA, or tried to receive information about it from public authorities, also faced dire consequences throughout 2010. On March 2, 2011, Mr. Niyamat Ansari, a human rights activist engaged in the defence of workers’ rights in Manika Block, Latehar district, State of Jharkhand, was taken away from his home in the locality of Jerua, in the village of Kope by a group of unknown armed persons, brutally beaten and left unconscious. Mr. Niyamat Ansari died soon after he was taken to the hospital. His associate, Mr. Bhukhan Singh, also received death threats from the attackers but he was able to hide. The killing of Mr. Niyamat Ansari is believed to be related to his work in favour of workers

16 / See People’s Watch as well as RTI Group, Register of Attacks on Activists in 2010 & 2011, February 1, 318 2011. Khabar 18 system inJharkhand. employment this of advantage financial taking contractors private by especially corruption, of cases investigated and information collected also they activities, their framework of the 2009.In February forunemploymentallowancedemands Lateharcasesof People’sthe at whichCourt,were accepted in working for the rights of workers subjected to the MGNREGA, particularly through the support of several 17 were clothes. incidents their tore The and members staff premises, the beat ransacked and ongoing, was tuition evening the while centre the entered staff down,2010, it unprotected.leaving On 5, April 29, 2010, again a group of individuals March On broken been had centre the of door classes. the that discovered Guria of members evening centre, for tuition the of inaccessible it premises the making locked subsequently consequences. dire assailants face The would he otherwise area the enter to not Singh Mr.Ajeet warn to members staff teach told also They [t]here”. continue to children the ing attempt[ed] who anyone of legs and arms the break [would] “they that members staff Guria threatened them. also kill They to threatened and premises the at present members staff other and women; Monitoring of exploitation the State and the child and of abolition the India for of Committee Government the of Children and of Women Trafficking and Prostitution Child Combating on Committee Mr. (Guria) Sansthan Sevi Swayam Guria by run centre tuition the entered individuals of group a 2010,25, March on instance, For plight. their to agencies enforcement law of support and attention the receive to unable frequently were actors, and non-State from rights women’s of defenders against harassment of Acts fate. same the meet would he protection, police under remained he if that Singh Mr. Bhukhan warning murder, and the for responsibility of India, Party claiming Communist of the Committee Sub-zonal Latehar newspapers local the 5,2011, March On arrested. been had tors be contrac to private the of one believed 2011, only murder. April the of in As also involved district, Chatra in block Pratappur of Communist India of of zone Party Sankh Koel the to belonging Mr.Sudarshan, leader Maoist against local and a associates their or seven contractors against local FIR a private recorded Latehar of police the Jharkhand 2011, 3, of March State On the in scheme employment this to relation in tion corrup about activities denunciation his and MGNREGA by the covered been running atuition centre for sixteen years inShivdaspur.

/ / / In 2010-2011, defenders of women’s rights continued to face harassment of women’s harassment to face In 2010-2011, defenders continued rights

Since MGNREGA was launched in 2006, Mr. Niyamat Ansari and Mr. Bhukhan Singh have been been have Singh Mr. Bhukhan and Mr.Ansari 2006, Niyamat in launched was MGNREGA Since Guria is a NGO on working issues of and trafficking in . Guria has Ajeet Singh Ajeet and and Dainik Bhaskar Dainik , of President Guria, who is of a also the Advisory member published a statement written by the South South the by written statement a published 18 in , verbally abused abused verbally Shivdaspur, in annual report report annual Prabhat Prabhat 2011 17 - - - .

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reported to the Manduadih police station and to the Deputy Inspector General of the police in Varanasi. Arbitrary arrest of defenders working on environmental issues In 2010, ten human rights defenders who had peacefully protested against a nuclear power plant were arbitrarily arrested for a couple of hours. On October 6, 2010, Messrs. Bankim Dutta, Mihir Bhonsle, Bidhan Chandra Dey, Achintya Pramanik, Nirbhik Mukherjee, Swapan Mallick, Subimal Chatterjee, Debashis Shyamal, Kaushik Haldar and Prasun Das, members of the Science and Environment movement, a network of differ- ent organisations and individuals working against pollution of air, water and land, were arrested by the police in front of the Saha Institute for Nuclear Physics while peacefully protesting against a nuclear power plant on the eve of a scheduled visit of Dr. Srikumar Banerjee, the Chairman of the Atomic Energy Commission of India. The arrests occurred while the above-mentioned activists were distributing leaflets against the building of the nuclear power station at Haripur. They were transferred to the Bidhan Nagar police station without being provided any reason for their arrest. They were released later the same day without charge. Urgent Interventions issued by The Observatory from January 2010 to April 2011 Names Violations / Follow-up Reference Date of Issuance Mr. Devi Singh Rawat Arbitrary detention / Judicial Urgent Appeal IND February 3, 2010 harassment / Ill-treatments / 001/0210/OBS 014 Release on bail Ms. Irom Chanu Sharmila Arbitrary re-arrest / Urgent Appeal IND March 16, 2010 Ongoing detention / Judicial 002/0310/OBS 037 harassment Mr. Gopen Chandra Sharma Ongoing judicial harassment Closed Letter to the March 26, 2010 authorities Mr. Kirity Roy Arbitrary arrest / Release on Urgent Appeal IND April 7, 2010 bail / Judicial harassment 007/0608/OBS 097.3 KIRDTI / Messrs. Rabindra Ongoing arbitrary detention / Urgent Appeal IND May 12, 2010 Kumar Majhi, Madhusudan Judicial harassment 002/0510/OBS 060 Badra and Kandera Hebram, Ms. Mamina Munda Ms. K. Saraswathy Assault / Death threats / Urgent Appeal IND July 1, 2010 Ill-treatments / Judicial 003/0610/OBS 082 harassment Messrs. Ghana Diraviam, Arbitrary detention / Judicial Urgent Appeal IND August 18, 2010 Anandan and Henri Tiphagne, harassment 004/0810/OBS 102 Ms. Bharathi Pillai, Ms. Niharga Priya and Ms. Sudha Mr. Naba Dutta Arbitrary detention/ Urgent Appeal IND August 24, 2010 Release / Judicial 005/0810/OBS 104 harassment 320 , Dey Chandra Bidhan Bhonsle, Debashis Debashis , Chatterjee Subimal and Haldar ShyamalKaushik , and Konjengbam M Swapan Mallick, Swapan Mukherjee, Takhellambam, M Achintya PramanikNirbhik Achintya , essrs. Niyamat Ansari Ansari Niyamat essrs. , Sagolsem Ms. Mayanglambam Dr. Ms. Bhukhan Singh Bhukhan Mr. Mihir Dutta, Bankim TeestaSetalvad PrasunDas Binayak Sen Binayak Ibempishak Ibempishak Names Julfikar Ali Julfikar Ms. Ms. Ms. Anita Memcha Momon and rbitrary arrest / arrestArbitrary R Violations / Follow-up / Violations communication with an with communication Killing / Killing elease on bail / Judicial / bail on elease Judicial harassment Judicial international body international entencing to life to Sentencing imprisonment R eath threats Death harassment estriction on estriction eath threats Death R elease Urgent Urgent Urgent Urgent Urgent Urgent Urgent 004/0411/068 OBS 003/0311/044 OBS 002/0311/032 OBS 006/1010/121 OBS 001/0211/018OBS 004/0408/OBS 004/0408/OBS Reference 055.2 055.3 Appeal Appeal Appeal Appeal Appeal Appeal Appeal IND IND IND IND IND IND IND annual report report annual Date of Issuance of Date F January 6, 2011 6, January ctober 7,October 2010 ebruary 14, 2011 14, ebruary arch 24, 2011 24, March arch 11, 2011 11, March pril 18, 201118, April pril 21, 2011 21, April 2011 321

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In a climate of impunity, human rights defenders documenting human rights violations by the police as well as incidents of corruption or environmental rights were subjected to attacks, including assassination and attempted assassination. Non-State actors, in particular extremist religious groups, were responsible for an increasing number of threats, harassments and intimidations to human rights defenders throughout the year, often accompanied with complicity of police officials. In particular, lawyers who take up cases related to blasphemy and religious minorities also faced acts of harass- ment and intimidation by non-State actors. As intolerance towards sexual minorities increased, freedom of assembly of Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) activists was curtailed on several occasions.

Political context

No significant improvement was seen1 in the field of human rights. Accountability for past-Reformasi era crimes remained low and public

security2 and confidence in the police continued to erode during the course of 2010 . Members of the police and military continued to enjoy an almost complete immunity from serious investigations and prosecutions. In addi-

tion, in the few cases that3 were prosecuted they resulted in disproportion- ately lenient sentences .

Impunity for human rights violations committed during the Suharto era also remained the rule, with no high-level military figures having been con- victed. The culture of impunity was accompanied with ambiguous politi- cal messages by the Government. On March 22, 2010, Defence Minister Purnomo Yusgiantoro pledged to suspend soldiers credibly accused of serious human rights violations, to cooperate with their prosecution, and to discharge those convicted. Despite such pledges, only relatively low-level officials were brought before military tribunals, and no cases were brought to civilian courts. Moreover, President Yudhoyono appointed Lieutenant General Sjafrie Sjamsoeddin to the post of Deputy Defence Minister in

1 / The post-Suharto era in Indonesia began with the fall of Suharto in 1998. Since then, Indonesia has been in a period of transition. This era - from 1998 to 2008 - has been called the period of “Reformasi” (Reform). 2 / See The Commission for Disappeared and Victims of Violence (KontraS) Report, Void protection against citizens human rights, December 28, 2010. 3 / See IMPARSIAL - the Indonesian Human Rights Monitor, KontraS and FIDH Report, Shadows and 322 clouds; Human rights in Indonesia: shady legacy, uncertain future, February 2011. environmental degradation and police abuses police and degradation environmental logging, illegal denouncing journalists on attacks and of Assassination end. that towards taken were actions substantive no but General, Attorney to State the with now lies trial, the subsequently of review and a ask investigation new a launch to decision The Court. Supreme Indonesian the by 2009 15, June on rejected was which verdict, the against Prosecutor the by filed was South appeal An the Court. by District 2008 31, Jakarta December on evidence of lack for acquitted was he However, violence. tolerated or State-sponsored for accountable held were authorities State time impunity, first the was it against as fight the in step murder, the important an as seen was ordering of trial the and charges on 2008 in prosecuted Mr.was unpunished. Muchdi remain to continued Intelligence ( Agency National mas Indonesia’s the of suspected Chief for the Deputy former (KontraS), the Commission termind, Violence the of of Victims and co-founder and Disappeared defender rights human the of agenda the 2010-2014 Programme on Legislative remained National activities, rights human on limitations serious placing risk which Organisation, Mass on Bill a and Secrecy State to freeze NGOs’ license andfunds. Government the advise could which NGOs, of activities the monitor to commission a establish to and NGOs’funding monitor to plans Organisation Mass on Bill the while abuses, rights human document 5 legacy, uncertain future, February 2011. Report, FIDH and KontraS IMPARSIAL, See religions. recognised officially six the of culturaltenets expressdeviatethe from beliefsthat religious 4 journalist environmental of body the 2010, 30, July On assassination. of victims and fell to attacks by were subjected the police committed exactions Thalib Said Munir Mr. of assassination the for impunity Ongoing minorities religious against discriminate to used be and freedom may provisions the that raised concerns religious serious expression, of and freedom for setback contested significant a widely a signalled in This Code decision. Criminal the of 156(a) Article in included violations. rights human other of for as well as disappearance activists student enforced 23 the the of for end responsible the be to during alleged era Jakarta of Suharto commander military a 2010, January

/ /

Journalists documenting illegal logging, environmental degradation or or degradation environmental logging, illegal documenting Journalists Mr. of murder 2004 the of case the In On April 19, 2010, the Constitutional Court upheld blasphemy restrictions

The article in question provides criminal penalties of up to five years of imprisonment for those who The Bill on State Secrecy could indeed create difficulties for the victims and human rights groups to Badan Intelijen Nasional Intelijen Badan Shadows and clouds; Human rights in Indonesia: shady shady Indonesia: in rights Human clouds; and Shadows - BIN), Mr. Muchdi Purwopranjono, Purwopranjono, Mr.Muchdi BIN), - Munir Said Thalib Said Munir 5 . 4 . Moreover, a Bill on on Bill a Moreover,. annual report report annual , a prominent , prominent a 2011 -

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Mr. Ardiansyah Matra’is was found in the Maro river in Merauke, Papua. He had been reported missing since July 28, 2010. It is believed that his death may be linked to his work covering corruption and illegal logging involving police officers in Papua, as well as local elections that took place on August 2, in Merauke. He had received death threats in the days before his disappearance. In 2009, he had allegedly been kidnapped by soldiers who threatened to kill his family after he wrote a series of articles for Jubi magazine about illegal logging by local military officers. Although Indonesian police headquarters revealed on August 20, after a post-mortem examination of the body, that Mr. Matra’is was murdered and

drowned in the river, the police chief of Merauke concluded the case to be6 a suicide. As of April 2011, the police was about to close the investigation . On July 26, 2010, environmental journalist Mr. Muhammad Syaifullah was found dead in his home in Balikpapan, East Kalimantan. Mr. Syaifullah was the Borneo Bureau Chief of Kompas, Indonesia’s biggest daily news- paper, and reported extensively on illegal logging and environmental degradation relating to coal mining. The forensic examination concluded that Mr. Syaifullah died of hypertension. However, the police failed to

publicly7 present the cause for Mr. Syaifullah’s death and closed the inves- tigation . Mr. Alfrets Mirulewan, Chief Editor of the Pelangi Weekly, was found dead at Nama Beach, Southwest Maluku, on December 17, 2010. Prior to his murder, Mr. Mirulewan had been looking into illegal fuel sales and smuggling involving local police officials. In January 2011, the local

police arrested five men in connection with the murder,8 including a local policeman. Yet, the police subsequently closed the case . On May 21, 2010, Mr. Ahmadi, an -based journalist working for Harian Aceh, was beaten and threatened with death by First Lieutenant Faizal Amin for investigating possible links between illegal logging in the province and the military. First Lieutenant Faizal Amin elbowed Mr. Ahmadi in the face and threatened to kill his family if he did not change or retract the content of the article published in Harian Aceh on the same day. Mr. Ahmadi, who suffered bruising and swelling to the face from the attack, lodged com- plaints with the police and the military. Subsequently, on January 20, 2011, the Military Court of Banda Aceh ruled that First Lieutenant Faizal Amin was guilty of grievous assault against Mr. Ahmadi and of damaging his cell

6 / See KontraS as well as International NGO Forum on Indonesian Development (INFID) and IMPARSIAL, Written Statement to the 16th session of the UN Human Rights Council, UN Document A/HRC/16/NGO/80, February 24, 2011. 7 / Idem. 8 / See KontraS Report, Void protection against citizens human rights, December 28, 2010 as well as INFID and IMPARSIAL, Written Statement to the 16th session of the UN Human Rights Council, UN 324 Document A/HRC/16/NGO/80, February 24, 2011. 10 UN Document A/HRC/16/NGO/80, February 24,2011. 21 days of detention and a delay of their promotions. The media coverage of the second incident led to Rights Commission (Komnas HAM).SeeKontraS andIMPARSIAL. and a report on the incident filed by the woman’s husband to the Papua branch of the National Human the resignation of Jayapura police Chief Adjunct Senior Commissioner Imam Setiawan on March 1, 2011, 9 still were incidents the 2011, April of end the of As offices. the housing 6, July building the at on cocktails Molotov threw men attacked 2010, unidentified two when were assault, the before days two report the on story magazine news leading the of offices the related a incident, In officers. police high-ranking of accounts (KPK) bank Commission suspicious on Eradication had Corruption he the to attack, report the a to on Prior worked Jakarta. South Tiga, Duren in 2010 8, July Langkun Satya cases. of number Moreover, a Watch Mr.Corruption Indonesia for (ICW), a researcher in effect self-censorship in chilling resulting a work, had and investigative on proceedings criminal to vulnerable cases grafting extremely uncovering journalists and activists provisions anti-corruption These fines. make heavy and years six to up of imprisonment with Internet through committed defamation punishes 2008, in law,enacted Another imprisonment. of months sixteen to up with are punishable Code are in question true.or allegations of the Acts Criminal provisions these under statements the if even reputation, person’s another harm directly may that statements publicising intentionally prohibit laws and “insult” slander activists anti-corruption against attacks and framework legal Repressive police the involving cases rape alleged two about Globe Jakarta the in and Papua Bintang the in articles attack, written Mr.had Ambarita Banjir case the investigate to to the prior unknown.force Shortly remained but, 2011, as of April perpetrators joint a up set have police Jayapura the and police regional Papua The recovered. subsequently and Jayapura, Aryoko, in hospital Indey Marthen in surgery underwent Mr.fled.Ambarita and stomach and chest the in twice him stabbed him, approached motorcycle a on men unknown two when office Mayor’s Jayapura the of front in cycle in Jayapura, motor his Papua based province, riding was newspaper a local On March 3,On March 2011, Mr. B prison in months ten to him sentenced computer, and laptop and phone / / Anti-corruption activists were also subjected to reprisals. Criminal libel, Criminal reprisals. to subjected also were activists Anti-corruption

See INFID and IMPARSIAL,

The three officers implicated in the cases were reportedly only given disciplinary punishments of punishments disciplinary given only reportedly cases were the in implicated officers three The , was severely beaten by four unidentified individuals on on individuals unidentified four by beaten severely was , Written Statement to the 16th session of the UN Human Rights Council, anjir Ambarita anjir , with a journalist Tempo Bintang Papua Bintang annual report report annual , which ran a ran which , Tama 10 2011 . 9 - . , 325

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11 being investigated by the Jakarta regional police . On a positive note, on February 16, 2010, the Denpasar District Court sentenced Mr. I Nyoman Susrama, a legislative council member for the district of Bangli, to life imprisonment for the murder of Radar Bali journalist, Mr. Anak Agung Gede Bagus Narendra Prabangsa. Before he was murdered in February 2009, Mr. Prabangsa had reported on alleged corruption in the Local Education Office in Bangli district, Bali. The verdict was subsequently

upheld by the Court of Appeal12 on April 29, 2010 and by the Supreme Court on September 25, 2010 . Human rights lawyers working on religious freedom increasingly targeted Lawyers who take up cases related to blasphemy and religious minorities often find themselves targets of harassment and intimidation, mostly by non-State actors, such as Islamist extremist groups. The situation is further aggravated by the fact that the police and other law enforcement agencies either fail to respond in the face of such incidents or, in some cases, even appear to openly side with extremist groups. Physical protection following such incidents is often not provided, and related complaints are not prop- erly investigated, further adding to a climate of impunity and fear among minority groups and those defending their rights. For instance, Messrs. Uli Parulian Sihombing, Nurkholis Hidayat and Choirul Anam, lawyers

of the Legal 13Aid Foundation (LBH) representing various human rights organisations , who initiated the judicial review of the blasphemy related provisions of the Criminal Code at the Constitutional Court, were attacked by members of the Islamic Defenders Front (Front Pembela Islam - FPI) on March 24, 2010, during a recess in front of the Constitutional Court. The lawyers were harassed and verbally abused, and some of them were beaten. The camera of Mr. Nurkholis Hidayat was taken away as he was

beaten on his arm. As14 of April 2011, the police had opened no investiga- tion into the events .

11 / See Legal Aid Institute (LBH), KontraS and ICW Jakarta Joint Statement, July 21, 2010 as well as INFID and IMPARSIAL, Written Statement to the 16th session of the UN Human Rights Council, UN Document A/HRC/16/NGO/80, February 24, 2011. 12 / See INFID and IMPARSIAL, Written Statement to the 16th session of the UN Human Rights Council, UN Document A/HRC/16/NGO/80, February 24, 2011. 13 / Including IMPARSIAL, the Institute for Policy Research and Advocacy (ELSAM), the Indonesian Legal Aid and Human Rights Foundation (PBHI), the Centre for Democracy and Human Rights Studies (DEMOS), Setara People’s Union, Desantara Foundation and the Indonesian Legal Aid Foundation (YLBHI). 14 / See IMPARSIAL, KontraS and FIDH Report, Shadows and clouds; Human rights in Indonesia: shady 326 legacy, uncertain future, February 2011. Java, from March 26 to 29, 2010. More than 150 human rights defenders, defenders, rights human 150 29, than to 2010. More 26 March Java,from legacy, uncertain future, February 2011. 16 15 regional a launch to order in groups local and Greenpeace by held ference con press a in participating were they as Java,West Cirebon, in activists police activists. For rights instance, land activists rights land and environmental against harassment of Acts relocated Bandung,in network West(GWL) Java,Men 11,on May be to it 2010, causing With Sex Have Who organ Men Gay,and Waria seminar Indonesian the by HIV/AIDS ised an against FPI, the of wing (LPI), “military” Islam with the Pembela Lasykar colluded by made officers also were police Threats and attackers. the officials city testimonies, According 2010. witness 30, to April on Java, West Depok, in on HAM) issues (Komnas transgender Commission Rights Human National the by ised organ a meeting during hotel.by occurred FPI to attack another A similar radical to relocate forced Islamic were subsequently the conference of the groups. Participants with siding overtly as activists LGBTI the by ceived per eventually was and it grown disperse to steps adequate significantly take not had did there,it crowd a after hotel the to came brigade mobile 21, April until by guarded vigilantes 2010. of the police members Although and closed remained which organisation, host conference’s the Gaya Nusantara, of office Surabaya the off sealed also FPI.They the to to affiliated be claiming mobs by over taken and attacked eventually was venue hotel the conference, the of day second the venue. On the at attack an planning were groups extremist religious that received information of light in ence confer the cancel to police the by advised Surabaya later were South they police, the district from permissions necessary all obtained organisers the that fact the event. However, the in despite participate to planned had countries, Asian sixteen from organisations hundred one over representing to hold the Fourth Asian Regional ILGA conference ILGA Regional Asian Fourth the hold to Lesbian, Gay, Bisexual, Trans and Intersex Association acts. such with confronted when passive (ILGA)International The remained police had scheduled groups, or Hisbut the as FPI the such Tahrir(HTI). Besides,Indonesia the by people. radical, and harassment extremist attacks violent faced The latter curtailed activists LGBTI of assembly of Freedom sexual minorities, blocking any progress in favour of the rights of LGBTI LGBTI of rights the of favour in progress any blocking minorities, sexual

/ / In 2010-2011, acts of harassment continued against environmental and and environmental against continued harassment of acts 2010-2011, In towards intolerance in increase marked a been has years, there recent In

See IMPARSIAL, KontraS and FIDH Report, See ILGA Press Release, April27, 2010. and and 16 . immigration officials arrested twelve foreign anti-coal mine mine anti-coal foreign twelve arrested officials immigration on July 5, on July 2010, a Shadows and clouds; Human rights in Indonesia: shady contingent of anti-riot of anti-riot contingent 15 in Surabaya, East East Surabaya, in annual report report annual 2011 - - - - -

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manifesto against the expansion of coal power plants in Asia and to lodge

complaints about17 the negative effects of a coal-fired power plant being set up in Cirebon . The18 activists were charged under Article 42.1 of Indonesian Immigration Law , and released on July 7, 2010 after being interrogated continuously by police and immigration officers. They were taken directly to the airport, following a seven-hour drive, and escorted by immigra- tion officers to the departure gate. Immigration authorities confirmed that none of the activists would have any restriction on re-entering Indonesia,

however they all received a “must19 leave Indonesia within three days” stamp with their standard exit stamp . On July 28, 2010, Messrs. Firman Syah and Dwi Nanto, two environmental and land rights activists of Friend of the Earth (Wahana Lingkungan Hidup - WALHI) Bengkulu, who accom- panied villagers during a rally protesting against State plantation firm PT Perkebunan Nusantara (PTPN) VII in a land dispute, were arrested

along with eighteen20 peasants from New Pering village, Alas Maras dis- trict, Seluma , and named as suspects for obstructing PTPN VII. On February 18, 2011, the Bengkulu District Court sentenced all of them to three months and twenty days in prison, a fine of 250,000 rupiah (about

21 euros) and a fifteen21 -day detention period in breach of Act No. 18 of 2004 on Plantation .

On a positive note, in August 2010, Mr. Muhammad Rusdi, a farmer and the village chief of Karang Mendapo, who was arrested in January 2009 for his leading role in campaigning against land-grabbing by PT Kresna Duta Agroindo (KDA), an oil palm plantation, won legal action

17 / Among the twelve activists were Ms. Amalie Obusan, Climate and Energy Campaigner for Greenpeace , Mr. Albert Lozada, Solar Generation-Pilipinas Coordinator of Greenpeace Southeast Asia, and Ms. Jean-Marie Ferraris, team leader of the LRC-KsK Davao Regional Office (the Philippines); Ms. Iris Cheng, Climate and Energy Campaigner for Greenpeace International, Ms. Alisa Meng and Mr. Fusheng Yan (China); Ms. Chariya Senpong, Climate and Energy Campaigner for Greenpeace Southeast Asia, Ms. Weerakarn Kengkaj, Mr. Sutti Atchasai, Coordinator of the Eastern People Network of Thailand, and Ms. Uaeng-Fa Chumket (Thailand); Ms. Preethi Herman, Greenpeace India Climate Campaigner, and Mr. Sudheer Kumar Puthiya Valappil (India). Greenpeace staff and community leaders from China, India, Thailand and the Philippines were in Cirebon to take part in workshops to share experiences of living in the shadow of coal plants or coal mines, and to learn lessons from each other about how to campaign for clean and renewable energy solutions. 18 / “Immigration actions shall be taken against foreign nationals in the Territory of Indonesia who foster dangerous activities, or who are deemed to be probable cause of danger to public order or security, or who break or neglect existing laws or regulations”. 19 / See Greenpeace and The Legal Rights and Natural Resources Centre-Kasama sa Kalikasan/Friends of the Earth Philippines (LRC-KsK) Joint Press Release, July 7, 2010. 20 / WALHI helps the peasants to reclaim their land, which has been annexed by force by PTPN VII since 1986. 21 / See INFID and IMPARSIAL, Written Statement to the 16th session of the UN Human Rights Council, 328 UN Document A/HRC/16/NGO/80, February 24, 2011. to April 2011 April to 2010 January from Observatory The by issued Interventions Urgent chief. village him elected that citizens the by him upon entrusted money” embezzle to “attempting with charged been had Mr.Rusdi rehabilitated. was and company the against Mr. Mr. Munir Said Thalib Said Munir Banjir Ambarita Banjir Names Violations / Follow-up / Violations ngoing impunity Ongoing A ttack Joint Urgent 001/0311/049 OBS the authorities the Reference Open Appeal L etter to etter IDN annual report report annual Date of Issuance of Date ctober 14, 201014, October arch 25, 201125, March

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In 2010 and 2011, human rights defenders remained in a very precarious situation, in particular in the context of the intensified crackdown of peaceful social protests. Vaguely worded provisions of the Criminal Code and the interests of national security were frequently invoked in order to curtail human rights activities. Freedom of association also remained seriously hampered. Lawyers, women’s rights defenders, trade unionists and activists working to protect ethnic and religious minorities were particularly targeted.

Political context Following the crackdown on demonstrations in the wake of the disputed June 2009 presidential elections, opposition demonstrations, albeit on a smaller scale, continued in 2010 and early 2011, but indiscriminately faced

very harsh treatment, including1 the use of live ammunition, from security forces and Basij militias . Impunity for human rights violations commit- ted before and in the aftermath of the disputed June 2009 election also continued to prevail as no comprehensive investigations were launched.

Freedom of opinion and expression and access to information remained strictly restricted, with an increasing number of websites blocked by the authorities, including foreign broadcasters and major news sites. A large number of newspapers and other publications were closed down and

dozens of journalists were arrested and subjected2 to travel bans, for merely expressing critical views of the Government . The few remaining reformist media outlets were subjected to censorship and increasingly difficult licens- ing requirements. The use of Internet, mobile phones, text messaging and access to social media websites continued to be strictly restricted, in partic- ular in the context of demonstrations. Repeated summons to Government offices, prison premises and offices of the security apparatus were increas- ingly used to intimidate and harass journalists, bloggers, human rights

1 / For instance, on December 7, 2010, during the Student Day demonstrations security forces arrested about a dozen students who were calling for greater political freedom. On February 14, 2011, several thousand people who took to the streets in to show support for the uprisings in Tunisia and Egypt suffered a ruthless crackdown by security forces. Furthermore, following the placing under house arrest in February 2011 of two leaders of the opposition movement, opposition groups called for rallies. As a result, more than 200 participants of the demonstrations were arrested in March 2011. 2 / See UN Secretary General Report, The situation of human rights in the Islamic Republic of Iran, UN 330 Document A/63/370, September 15, 2010. these procedures. directly or indirectly. Individuals and entities that operate under EU procedures will be fined for violating financial resourcesor EU made available through States be these individuals Member will to whether those controlled through entities, individuals or organisations related to them. Additionally, no assistance 6 the judiciaryandexecutive branch on September 29, 2010. 5 UN Document A/HRC/16/9, April8,2011. 4 Republic ofIran March, UNDocument 15, 2010. A/HRC/14/12, 3 Rights Prisoners’ of Defence the for Centre the 2008, in down arbitrar shut was ily which (DHRC), Centre Rights Human of Defenders the NGOs rights human of members of harassment and association of freedom to Obstacles violations. rights human with connection in States Iran in Rights Human of Situation the on Rapporteur Council during its 16 its during Council Rights Human 24,the 2011, March On 2010. November Womenin UN established newly the of country board the on the seat Women,a secure to of attempt its in failed Status the on Commission the to Iran elected Assembly General the 2010, human April in while And Iran. systematic in violations rights continuing over concerns serious expressed Council 2009,Rights June in Human the protests the on anti-Government of crackdown anniversary first the marking 2010, 15, June On implementation. by any concrete followed had been not 2011, April recommendations those para and killing or torture ill-treatment, officials of suspected members, government military including those, all of prosecution and expression investigation as the as well of assembly,and judiciary of the independence the freedoms of enhancement the defenders, rights human of protection the others, to, among relating recommendations certain accept of out 188, it did recommendations 45 important rejected Government the While Council. Rights Human UN the of Review Periodic Universal the a remained treatment problem. major inhuman and Torture evidence. as courts the by admitted routinely were media, State the by broadcast often confessions, Forced conscience. of prisoners profile high defending lawyers defenders, as several human rights organisations continued to be closed, such as as such closed, be to continued organisations rights human several as for systematic and widespread human rights violations from various branches of the Government, Government, the of branches various from violations rights human widespread and systematic for

/ / / / / /

In February 2010, the human rights record of Iran was examined under under examined was Iran of record rights human 2010,the February In In 2010-2011, freedom of association remained seriously hampered, hampered, seriously remained association of freedom 2010-2011, In

See Human Rights Council, Report of the Working Group on the Universal Periodic Review: Islamic

The EU released the names of 32 individuals on April 15, 2011, blocking all their financial resources, or See Human Rights Council Resolution,Council Rights Human See The Obama administration announced sanctions against eight high level officials, responsible responsible officials, level high eight against sanctions announced administration Obama The 5 and Union the European th session voted to establish the post of a Special Special a of post the establish to voted session Situation of human rights in the Islamic Republic of Iran of Republic Islamic the in rights human of Situation 6 adopted sanctions against Iranian officials officials Iranian against sanctions adopted 4 . Both the United United the .Both annual report report annual 3 .Yet, of as

2011 - - ,

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(CDPR) and the Journalists Association. Furthermore, as of April 2011, the Islamic Consultative Assembly – Iran’s Parliament – was carrying

out a final reading of the Bill on the Establishment and 7Supervision of Non-Governmental Organisations (so-called NGO Law) . The first 26 articles were even adopted in April 2011 but then, following strong criti- cisms on ambiguities, a motion was passed to send back the draft to the Committee on Social Affairs for three months of further study and amend- ment. Despite the fact that Article 26 of the Constitution provides for the formation of associations, if the bill were to be adopted, civil society

organisations would face an increasingly restrictive environment,8 as several provisions would severely limit their independence . Thus, Article 6 of the Bill provides for the formation of a Supreme Committee Supervising NGO Activities, a body with no accountability to public institutions. This is to be chaired by the Interior Ministry and will include repre- sentatives from the Intelligence Ministry, the police, the Basij, the Islamic Revolutionary Guards Corps (IRGC) and the Foreign Ministry, among others, but will have only one member representing NGOs. The Committee will be empowered to issue and revoke registration permits for all NGOs, and have ultimate authority over their boards of directors. Article 12(d) of the Bill requires that demonstrations must be “non-political” and permitted by the Supreme Committee. Yet, in practice, the Iranian authorities do not grant permission for demonstrations that are critical of official policies. Article 12 also bans all contacts with international organisations without prior authorisation, including membership in international organisations, participating in training sessions or meetings abroad, signing contracts or memoranda of understanding and receiving funds or other aid from international organisations. Article 43 of the Bill, if approved, will also require all existing NGOs and associations to reapply for official registra- tion within six months or face the risk of becoming illegal. Under the current Iranian law, the courts have the authority to decide whether a registered organisation should be closed down.

Human rights defenders also continued to be routinely harassed and arbitrarily detained for lengthy periods for their membership in human rights NGOs. For instance, on June 10, 2010, Ms. Nargess Mohammadi, DHRC Spokesperson, was arrested at her home without an arrest warrant and subsequently detained in Evin prison, Tehran. Ms. Mohammadi was

7 / The draft bill will then need to be ratified by Council. 8 / Civil society organisations that would be affected by the law range from human rights, environmental and women’s organisations, through charities and organisations for the disabled, to employers’ and professional associations such as teachers’ associations. Political parties, trade unions and the Bar 332 Association are regulated by different laws in Iran. 11 “actionscharges ofalleged theIslamicregime”. against andpropaganda university,at teachingon or law practising ten-yearon a ban and prison in years nine to 2011 21, May on sentenced been had he that informed was he 2011, July 3, 2009. On September in bail on released However, he remains since national then security”. accused Mr. of acted“having against Dadkhah was 10 9 Revolutionary the of 26 Branch by sentenced 2010, was in (RSF) Borders of FreedomDHRC and winner with of Press AwardWithout of Reporters 2011 April of Mr. as detained remained and 2010 5, December on imprisoned was system”.He the against “propaganda ing spread as considered was which CDPR, the heading for case another in activities civil on ban of years five and imprisonment of year one to Revolutionary Court the of 15 Branch by sentenced also was 27,Mr.Baghi 2010, July Tehran. On of Appeal of Court the by year one to reduced later was sentence The Montazeri. Hussein-Ali Ayatollah Grand late the with of the regime”and the security against “colluding in to relation an interview system” the against “propaganda of charges on imprisonment of years six to Court Revolutionary the of 26 Branch by sentenced been had 2010,he 17, August on that informed then was He CDPR. the of 2009 in closure the regarding Court Tehranthe Revolutionary by 21, 2010 September on summoned was Republic, French the of Prize Rights Human 2005 the of as well as Defenders Rights Human Award for Ennals Martin 2009 the of grounds,health Mr. 2009 June and of the DHRC, in members arrest July their and founding lawyers following Messrs.against pending remained also of Urumiyeh. 2011, As of proceedings April judicial city the in Department Intelligence the of centre detention a in held and was day that on arrested been had 11, April since missing been client, had who his that announced lawyer his 2011, 23, April On media. foreign with interviews regime” the through against DHRC, the and “propaganda founding through security” national against Revolutionary “acting the of of charges 15 on Court, Branch by lawyer as practice on ban years’ ten and years’ imprisonment nine to lawyer, sentenced was rights human nent April of 2010, 29, Mr.As October On pending. system”. remained the her against against charges the 2011, “propaganda and offences” commit Peace” of Council National the “founding Court, of of the DHRC”,on Council charges of “membership the Supreme Ms. Mohammadi 1, on July bail.released 22, US on dollars 2010 a 50,000 On February 2011, / /

/ / A broad coalition against war andforA broad thepromotion coalition against ofhumanrights. Mr. was released Baghi onJune 20, 2011.

Mr. Soltani was released on bail in August 2009, following seventy days of arbitrary detention. detention. arbitrary of days seventy following 2009, August in bail on released was Mr. Soltani Mohammad Seifzadeh Mohammad Abdolreza Tajik Abdolreza 10 Mohammad Ali Dadkhah Ali Mohammad . Although he was released on bail on June 23, 2010 on on 2010 23, June on bail on released was he Although .

appeared before Branch 26 of the Islamic Revolutionary Revolutionary Islamic the of 26 Branch before appeared Emadeddin Baghi Emadeddin , journalist and human rights activist cooperating cooperating activist rights human and journalist , , founding member of the DHRC and promi and DHRC the of , member founding , of and the laureate CDPR founder and 9 , “assembly and collusion to to collusion and ,“assembly Abdolfattah Soltani Abdolfattah 11 . On March 17, 2011, 2011, 17, March On . annual report report annual , both 2011 - -

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12 Court to five years in prison for “membership of an illegal group” and one year for “propaganda against the regime”. As of April 2011, he remained

accused of “publishing13 false reports in order to disrupt public opinion” and free on bail . Ongoing harassment of women’s rights defenders Throughout 2010 and early 2011, women’s rights defenders continued to face serious reprisals for their legitimate work on human rights issues. Many faced intimidation, harassment and, in some cases, detention or

travel bans, often14 on the basis of “external security threats” invoked by the authorities . Their freedom of assembly was also routinely denied by the authorities. In particular, dozens of members of the “One Million Signatures” Campaign, a grassroots campaign to abolish gender discrimina- tion in Iranian laws, were repeatedly imprisoned on often spurious charges

such as “propaganda against the system” and “acting15 against national security”.16 As of April 2011, Ms. Zaynab Bayazidi , Ms. Mahboubeh Karami and Ms. Fatemeh Masjedi, remained detained following their arrest, respectively, on July 19, 2008, March 2, 2010 and January 28, 2011. On January 14, 2010, Ms. Atieh Youssefi, who had been arrested in December 2009, was released on bail. She reportedly faced a charge of “acting against national security”. On February 5 and 25, 2010 respec- tively, Ms. Mahsa Hekmat and Ms. Somayyeh Rashidi, who had been arrested on January 2, 2010 and December 20, 2009, were also released. In March 2010, Ms. Maryam Zia, who had been arrested on December 31, 2009, was released after going on a hunger strike and being taken to the prison hospital. On September 9, 2010, she was sentenced to one year’s imprisonment on charge of “propaganda against the system” by Branch 28 of the Islamic Revolutionary Court but remained free as of April 2011, pending trial. Members of the group “Mourning Mothers”, whose children have been killed, detained or disappeared in post-election violence since June 2009, and who organise silent public protests each Saturday evening

12 / Reportedly for his alleged membership in the DHRC and even though Mr. Tajik is not a member but only cooperated in the preparation of a report for the Centre. 13 / In 2009 and 2010, Mr. Tajik was arrested three times. He was first detained immediately after the June 2009 presidential election for 46 days. Then, he was arrested in December 2009 and stayed sixty days in detention. He was last arrested on June 12, 2010 before being released on December 22. 14 / See UN Secretary General Report, The situation of human rights in the Islamic Republic of Iran, UN Document A/63/370, September 15, 2010. 15 / Ms. Bayazidi is serving an imprisonment sentence of four years and a half in internal exile in Zanjan prison for “propaganda against the State”, “membership of an illegal organisation” and “acting against national security”. 16 / In February 2011, Ms. Karami was sentenced to three years’ imprisonment on charges of “membership to human rights activists collective”, “propaganda against the system” and “assembly and collusion with 334 intent to commit crimes against the national security”. 2011, the Appeal Court upheld four years of her imprisonment in inter in imprisonment her of years four upheld Court Appeal the 2011, agents in Juneagents 2011. detention and arrestedagain at the end of December, 2009. She died as a result of an attack by security 18 on abail 333,721euros). offive billionrials(about 2010 12, September on releasedwas pressure,she international Following prison.Evintransferred to 133,492 euros) on September 23, 2009. She was re-arrested on December 21, 2009 by security forces and 17 order” public ing “disturb and system” the against “propaganda of charges on her against Branch by sentence the issued upheld Court Appeal the after Court sentence Revolutionary 26 of the two-year a serve to started group, Peace for Ms. 2011, 31, remained she January 2011, On April free. of As lashes. 74 and prison Karaj in exile nal God” against war “waging and mind” of peace “disturbing public the Government”, Islamic the against conspiracy and “assembly Government”, Islamic the deface to “attempts for lashes 74 and Iran south-west in Izeh in banishment imprisonment, of years six to sentenced was (CHHR), Iran in Reporters Rights Human of Committee the of and Ms. 18,2010, September On 2011. April of as pending remained which sion, tried were defenders human two rights The trial. on were feminists fellow four where court revolu tionary a outside 2007 March of in Campaign framework Signatures the Million within One the rally a in participated they after order” public harming and security with national against “acting of imprisonment charges of on lashes, years thirty half a and two and lashes 74 with onment journal quarterly the of Editor and Women’s Charter, and Campaign Death to and Campaign, Death” to Stoning Ms. “Stop the of newspaper for on-line an journalist a and activists) rights women’s Iranian of work of founder women), for centre Ms. 2010, 17, May On appeal. pending were free remained but Seyfollahi years’imprisonment four to Leyla Ms. sentenced and Karamzadeh-Makvandi Jila Ms. 2011, detained at edly Evin prison released.before being subsequently On April 9, Zeynali Rastegari-Nasab Ms. 8, Ms. in February of and night the 2010 6, February on instance, For detention. and arrest harassment, arbitrary with targeted be to continued also Park, Laleh Tehran’s in

/ / /

Ms. Nazarahari was arrested on June 14, 2009, before being released on a two billion rials bail (about

Ms. Sahabi had been violently arrested on August 5, 2009 in Baharestan, spent thirteen days in in days thirteen spent Baharestan, in 2009 5, August arrested on violently been had Sahabi Ms. Shiva Nazarahari Shiva Jila Karamzadeh-Makvandi Jila Mahbubeh Abbas-Gholizadeh Mahbubeh Farzaneh was arrested on January 9, 2010 in Laleh Park. 9, Laleh report in were 2010 They January on arrested was (Sage), were sentenced to respectively six years of years impris six to respectively (Sage), were sentenced 18 were arrested at their places of residence. of Ms. places their at arrested were . As of April 2011, Ms. 2011, April of As . , a member of the One Campaign Million Signatures Shadi Sadr Shadi Omolbanin Ebrahimi Omolbanin in absentia in Zanan-e Iran Zanan-e , Ms. Haleh Sahabi Haleh , Director of “Raahi” (a legal advice advice legal (a “Raahi” of Director , , founding member of Stop Stoning Stoning Stop of member ,founding Leyla Seyfollahi Leyla and appealed the court’s deci court’s the appealed and Alieh Eghdamdoust Alieh (a website dedicated to the the to dedicated website (a , a member of Mothers Mothers of member a ,Ms. and Ms. 17 Elham Ahsani Elham . On January 8, January . On annual report report annual Meydaan Farzaneh Farzaneh Fatemeh Fatemeh , who is is who , 2011 ------, ,

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currently serving a three-year imprisonment sentence for her activities in the Campaign for Equality and as a result of her participation in a June 12, 2006 protest in Haft Tir square, and Ms. Ronak Safarzadeh, a member of the women’s rights organisation “Azar Mehr” in Sanandaj (Iranian ) and an active member of the Campaign who has been detained since October 2007 and was sentenced in October 2009 to six years and seven months’ imprisonment, remained detained. Ongoing targeting of human rights lawyers In 2010-2011, the authorities continued to target human rights lawyers as an attempt to reduce the number of those who are prepared to defend victims of the overtly flawed judicial system, in particular human rights

defenders and women’s rights activists, trade unionists and student19 activ- ists, effectively criminalising human rights legal representation . Several were arbitrary detained, others faced possible imprisonment and ban on practising their profession, while some others had to leave the country to avoid harassment and detention. On May 1, 2010, Mr. Mohammad Oliayfard, lawyer of several students, human rights and labour activists, was arrested on May 1, 2010 following a sentence by Branch 26 of the Revolutionary Court dated February 7, 2010 to one year in prison for

“propaganda against the20 system by giving interviews to the foreign media about Behnoud’s case” . On April 18, 2011, Mr. Oliayfard was released after serving his sentence. On July 24, 2010, Mr. Mohammad Mostafaei, a renowned human rights lawyer who represented juveniles on death row and a number of high-profile human rights cases, was summoned to the Islamic Revolutionary Courts based within Evin prison, interrogated and released. Later on the same day, he was summoned again by phone. In the evening, his wife and brother-in-law were detained, after he refused to turn himself in, and charged with “helping Mr. Mostafaei hide”. Mr. Mostafaei was subsequently forced to flee Iran in the face of repeated summons and harassment of family members. On September 4, 2010, Ms. Nasrin Sotoudeh, a prominent human rights lawyer known for defending juveniles facing death penalty, prisoners of conscience, human rights activists and children victims of abuse, was summoned by the Revolutionary Prosecutor’s office to Evin prison court on charges of “propaganda against the State” and “collusion and gathering with the aim of acting against national security”.

19 / See Iranian League for the Defence of Human Rights (LDDHI) and International Campaign for . 20 / Mr. Behnoud Shojaee was a “juvenile offender” executed in October 2009 in Evin prison. Following his sentencing, Mr. Oliayfard had been briefly detained from March 8 to 15, 2010, and released because some legal technicality had not been complied with (i.e. the original sentence had not been 336 communicated to all of his lawyers). northern city of Neka on charges of “publishing lies and disturbing public public disturbing and lies of “publishing charges on Neka of city northern Dervishes. SeeInternational Campaign for HumanRights inIran. Mr.Daneshju was disbarred lawyer,another with along Mr. 23 Court does not have jurisdictionover such offence. to her, where she had not worn the headscarf. However, under the Iranian law, the Islamic Revolutionary follows a video taken during a ceremony in Italy on the occasion of a human rights prize being awarded sentence and prosecution Her hejab”dress code). the (Islamic observe “to failing foreuros) 33 (about December 2010 and February 2011, Ms. Sotoudeh was sentenced on April 19, 2011 to a 500,000 rials fine Revolutionarylate CourtIslamic in the of Branch26 by tried was she which for Sotoudeh Ms. against her clients who were jailed after Iran’s disputed June 2009 presidential election. In another case brought 22 home were searched by membersof theintelligence services andherassets frozen. Ebadi, in order to limit their working conditions. Moreover, on August 28, 2010, Ms. Sotoudeh’s office and Iran how the authorities were using tax harassment against human rights lawyers, including Ms. Shirin 21 the 2011. April of appealed as pending remained Bahramian Mr. which sentence, judiciary”. the of head the “insulting and his for years ten for system”,the of against on “propaganda charges law activists of political defence practising from banned and prison in months was by to sentenced Court 28 eighteen Branch of the Revolutionary Islamic Executions, Against Committee International the of member and lawyer minds” Daneshju Mostafa sentence against the imprisonment third lawyer of Gonabadi Dervishes, Mr. seven-month A minds”. public “disturbing lies”and “publishing security”, national lawyer”, of title against “acting of Island, “forging Kish on charges were Dervishes, of Instance of First Gonabadi by Court the of imprisonment of months to six sentenced lawyers and Association Bar Iranian the and 23,respectively. 2011,Furthermore, on January Messrs. 14, on wereDecember They 14, released 18 andDecember November 2010 security”. State death,at against were arrested for Tehran“activities airport to sentenced women of defence the in and people young bloggers, nalists, Ms. Ms. November On 2010, prison. Evin 13, of 209 Section of cell solitary a in detained organisation [the DHRC]” [the organisation of illegal an in regime”, the and security “membership against State”, the “propaganda the and against offences “assembly commit to supposed intention for the with abroad, conspiracy travelling on ban and of years activities twenty professional on ban of years twenty imprisonment, years’ present be to not permitted was lawyer her which during questioning, her after arrested was She

/ / /

A few days before her arrest, she had reported to the International Campaign for Human Rights in On May 18, 2011, Mr. Daneshju was arrested and taken to Sari prison to serve his sentence. In addition, The accusations against Ms. The Sotoudehaccusations were against based mainly on interviews with foreign media about Maryam Kianersi Maryam Amir Eslami Amir 23 . On February 2, 2011, Mr. 2011, 2, February On . Sara (Hajar) Sabaghian (Hajar) Sara , both members of the Human Rights Commission of of Commission Rights Human the of members both , , was upheld by the Mazandaran Appeal Court in the the in Court Appeal Mazandaran the by upheld , was , three women lawyers active in the defence of jour of defence the in ,active lawyers women three 21 . On January 9, 2011, she was sentenced to eleven 9, .eleven to 2011, January On sentenced was she 22 . As of April 2011, she remained arbitrarily arbitrarily remained she 2011, April of As . Khalil Bahramian Khalil , Ms. Ms. , Omid BehrouziOmid for, rightsthe of defending Maryam Karbasi Maryam Farshid Yadollahi Farshid , a human rights rights human a , annual report report annual and and 2011 -

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Repression of labour activists and trade union leaders As in previous years, trade union activists faced harsh repression in 2010- 2011. For instance, on June 12, 2010, Mr. Reza Shahabi, the Treasurer and board member of the Syndicate of Workers of Tehran and Suburbs Bus Company (Sherkat-e Vahed), was arrested upon order of the Ministry of Intelligence without charges. From December 5 to 19, 2010, he went on a two-week hunger strike, and spent a week in hospital after his health deteriorated. As of April 2011, he remained detained in Evin prison. Furthermore, Mr. Mansour Osaloo aka Osanloo, President of Sherkat-e Vahed, has remained in custody since July 2007 in the remote top-security in Raja’i Shahr prison, in Karaj, near Tehran, where he is serving a five- year imprisonment under extremely harsh conditions, for “propaganda” and “activities against the State”. In addition, on August 1, 2010, Mr. Osanloo was sentenced by Branch One of the Revolutionary Courts to one more year in prison for “propaganda against the system”. While in detention, Mr. Osanloo’s health condition has deteriorated. He has reportedly suffered several heart attacks and was transferred to hospital on several occasions, but the Ministry of Intelligence interrogators systematically intervened to stop his treatment and to return him to prison. Moreover, from January 1 to 8, 2011, Mr. Osanloo spent one week in solitary confinement for addressing the participants at a funeral that other prisoners of conscience had held inside the prison in memory of a political prisoner, following his execution. His pregnant daughter-in-law suffered a miscarriage on June 23, 2010, after being attacked by agents of the Ministry of Intelligence on the street, with the apparent aim to punish the human rights activi- ties of her father-in-law. As of April 2011, Mr. Ebrahim Madadi, Vice- President of Sherkat-e Vahed, also remained detained in Evin prison on the basis of a three-and-a-half-year imprisonment sentence, which was issued against him in December 2008, while Mr. Hashem Khaksar, leader of Mashad Teachers’ Union, remained detained at Mashad’s Vakilabad

prison, serving24 a two-year prison term for “acting against the security of the country” . On November 3, 2010, Mr. Gholamreza Gholamhosseini, another member of Sherkat-e Vahed, was arrested. He was released on bail equivalent to US dollars 30,000 on April 27, 2011 awaiting trial. Finally, in January 2011, the Appeal Court upheld a six-year imprisonment sentence against Mr. Rassoul Bodaghi, a member of the board of directors of the Iranian Teachers’ Association, as well as a five-year ban on civil activities for “gathering and colluding with the intent to disrupt national security” and “propaganda against the system”. As of April 2011, Mr. Bodaghi, who

338 24 / See International Campaign for Human Rights in Iran. 2007 and were sentenced to death in July 2007 after spending several months incommunicado. incommunicado. months several spending after 2007 July in death to sentenced were and 2007 in detention, inMay andDecember 2008, andhealso suffers from arenal prostatic disorder. indicate that he had suffered another stroke. Mr. Kaboudvand already suffered two heart attacks while could which disorders, optical and dysfunctions sensory-motor dizziness, severe from suffering be pressure.Mr. then, toSince blood reported washis irregularitiesKaboudvand in to Evindue prisonin ten years and six months in appeal in October 2008. On July 15, 2010, Mr. Kaboudvand lost consciousness [RMMK]” and one year in prison for “propaganda against the system”. The sentence was later reduced to 2008, he was sentenced to ten years’ imprisonment for “acting against State security by establishing the 27 of Mr. Boutimarto eight years’ imprisonment. Mr. Hassanpoor’s death sentence was subsequently commuted to fifteen years’ imprisonment and that 26 25 Mr. ( weekly banned the of Editor-in-chief “Sabzchia” NGO ronmental paper,the for reporter a as well as Association Journalists Kurdistan Messrs. including 2007, since detained arbitrarily remained rights human Kurdish and promoted had prisoners who defenders political rights human of several 2011, April of families as Moreover, victims. about reports and and news media the to publishing interviews giving and by regime” security” the national against against “propaganda “acting allegedly for to prison Court in Appeal years the four by sentenced been had client his that notified was of families with 16, March On prisoners”. 2011, lawyer his political executed and “contacts prisoners and news” and reports publishing by system the against “propaganda Organisation”, Rights Human Kurdistan membership the of through security national the against “acting of charges on imprisonment five-year a to Kermanshah the in of Court 1 Revolutionary Branch Islamic by sentenced was he 2011, 30, January On bail. US 100,000 dollars a on released was he 2010, May computer In his documents. written including and belongings, personal his confiscated home, searched his who agents, security seven by Iran, arrested western was in (RMMK), Kermanshah, in Kurdistan of Organisation Rights Human the Mr. 2010, 3, Kermanshahi February On Ghasemi repris activities. as rights human harassment their judicial for to als subjected be to continued minorities rights minorities of defenders of harassment judicial Ongoing 2010, remained detained in Raja’i Shahr prison Shahr Raja’i in detained remained 2010, August in instance first in sentenced and 2009 September in arrested was The Message of the People of Kurdistan of People the of Message The

/

/ In 2010-2011, defenders of the rights of cultural, ethnic and religious religious and ethnic cultural, of rights the of defenders 2010-2011, In / /

Mr. Kaboudvand was arrested on July 1, 2007 and has been detained at Evin prison since then. In May

See LDDHIandInternational Campaign for HumanRights inIran. Messrs. Boutimar and Hassanpoor were arrested respectively in December 2006 and January January and 2006 December in respectively arrested were Hassanpoor and Boutimar Messrs. Sa’eed Matinpour Sa’eed Abdoulvahid Abdoulvahid aka aka , an Azeri journalist and cultural activist from from activist cultural and journalist Azeri an , , a journalist member of the Central Council of of Council Central the of member journalist a , Hiwa Boutimar Hiwa Adnan Hassanpoor Adnan 26 , and and , Mohammad Sadigh Kaboudvand Sadigh Mohammad ) and President of the RMMK the of President and ) Payam-e mardom-e Kurdestan mardom-e Payam-e , an active member of the envi the of member active ,an , a member of the Iranian Iranian the of member a , 25 annual report report annual Aso Aso Kaveh Kaveh news 2011 27 - - - , .

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the city of Zanjan, known for his writings calling for increased political,

cultural and28 linguistic rights of the Azeri people in Iran, also remained detained . On March 2, 2010, Mr. Navid Khanjani, a student member

of CHRR, was arrested29 in Isfahan, before being released on May 3 on a 100,000 US dollars bail . On January 30, 2011, his lawyer was informed that his client was sentenced by Branch 26 of the Islamic Revolutionary Court to a twelve-year imprisonment and a monetary fine for “spreading lies”, “disturbing the public opinion and propaganda against the system by giving interviews to foreign media” and “membership of CHRR”. Mr. Khanjani, who was previously banned from pursuing higher education for being a member of the Baha’i religious minority in Iran, was also charged with “founding an organisation for people banned from pursuing higher education”. He was also banned from travelling abroad in an earlier sentence. He appealed the sentence but, as of April 2011, it had not been examined yet. Urgent Interventions issued by The Observatory from January 2010 to April 2011 Names Violations / Follow-up Reference Date of Issuance Messrs. Ahmad Zeydabadi, Ali Arbitrary detention / Press Release January 5, 2010 Hekmat, Mohammad-Reza Zohdi, Judicial harassment Rouzbeh Karimi, Forough Mirzaï and Mohammad Maleki, Ms. Bahareh Hedayat, Ms. Mahboubeh Abbasgholizadeh, Ms. Shiva Nazarahari, Ms. Kouhyar Goudarzi and Ms. Bahman Ahmadi Amoui One Million Signatures Campaign / Arbitrary detention Urgent Appeal IRN January 6, 2010 Ms. Atieh Youssefi, Ms. Parisa Kakaï, 001/0110/OBS 003 Ms. Sommayyeh Rashidi, Ms. Maryam Zia, Ms. Mahsa Hekmat, Ms. Bahareh Hedayat, Ms. Shiva Nazarahari, Ms. Bahman Ahmadi Amoui, Ms. Mansoureh Shojaie and Ms. Haleh Sahabi

28 / Arrested in 2007, Mr. Matinpour was sentenced in June 2008 to eight years’ imprisonment for “propaganda against the Islamic system” and “relations with foreigners”. 29 / During his detention, Mr. Khanjani was put under pressure to give interviews before a video camera, and he spent the first 25 days of his detention in a solitary cell. See International Campaign for Human 340 Rights in Iran. Ms. Mashallah Shamsolvaezine, Mashallah Kurdistan / Kurdistan Ms. Mr. Kermanshahi, M , Beheshti Mr. Ghawami Mehregan, Kazemian, , Abbas-Gholizadeh Hedayat, Ms. Hedayat, Human Mr. Ms. essrs. Ms. A and Arabshahi Ms. M and FatemehRastegari-Nasab Ms. Hekmat, Hassan Rasouli, Hassan tieh Ms. Ms. Ms. Ms. Ms. Karamzadeh-Makvandi, ohamad , Sadr Shadi Ms. Mohammad Oliayfardand Mohammad Nargess Mr. Ms. Ms. Ms. Bahman aryam Zia, Maryam , Ahsani Elham Omolbanin Ebrahimi, Omolbanin Nargess Heshmatollah Tabarzadi Heshmatollah , Sommayyeh Y Ms. Mansoureh Mahboubeh Karami Mahboubeh ZohrehTonkaboni , Rights Emadeddin Baghi Emadeddin oussefi, FarzanehZeynali Shiva ostafa Izadi, Mostafa LeylaSeyfollahi, Kaboudvand Ms. and M Mr. Nasrin VaziriNasrin , Mahin FahimiMahin , Shirin essrs. Ms. Names adigh Kaboudvand Sadigh , Samïi Maziar Shiva and Assadi Milad M Mohammad Sadiq Sadiq Mohammad Ahmadi Nazarahari rganisation of Organisation ohammadi and ohammadi P M Ms. Morteza Haji Morteza Ms. arisa Kakaï, arisa ohammadi Kaveh Ghasemi Kaveh Ebadi Ms. Ms. Ms. Nazarahari, Shojaie, R Mahbubeh Mahbubeh , Ebadi Shirin ashidi, Ms. Amoui, Mahsa Bahareh Bahareh Morteza Morteza Keyvan Jila Mehdi Alireza Ejlal

Violations / Follow-up / Violations mprisonment / Imprisonment detention / detention rbitrary detention / detention Arbitrary rbitrary detention / detention Arbitrary rbitrary detention / detention Arbitrary rbitrary detention / detention Arbitrary entencing to prison to Sentencing Judicial harassment Judicial condition rbitrary detention Arbitrary arbitrary detention arbitrary ngoing detention Ongoing ngoing arbitraryOngoing rbitrary arrest / arrestArbitrary R R C elease on bail on elease elease on bail on elease Harassment Harassment ritical health ritical Sentencing R R elease elease

Harassment / Ongoing R elease 009/0910/115.1 OBS Urgent Urgent Urgent Urgent Urgent 003/0210/025 OBS Open Open 002/0210/015OBS 009/0910/115 OBS 001/0211/024 OBS P P P P P P P P ress ress ress ress ress ress ress ress authorities authorities Reference L L etter to the to etter etter to the to etter Appeal Appeal Appeal Appeal Appeal R R R R R R R R elease elease elease elease elease elease elease elease IRN IRN IRN IRN IRN annual report report annual F Date of Issuance of Date F F January 20, 201020, January January 20, 201020, January ebruary 25, 201025, ebruary January 5, 20105, January ebruary 23, 2011 23, ebruary arch 15, 201015,March eptember 22, September ebruary 5, 20105, ebruary ecember 16,December June 24, 021024, June June 24, 201024, June ay 20, 2010May20, June 11, 201011, June July 26, 201026, July July 2, 20102, July 2010 2010 2011 341

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Names Violations / Follow-up Reference Date of Issuance Mr. Mansoor Osaloo Ongoing arbitrary Urgent Appeal IRN July 9, 2010 detention / 004/0710/OBS 084 Ill-treatment / Acts of intimidation / Threats Deterioration of health Urgent Appeal February 23, 2011 condition IRN 001 / 0211 / OBS 024 Mr. Mohammad Mostafaei Harassment against Urgent Appeal IRN July 30, 2010 relatives 005/0710/OBS 093 Ms. Nasrin Sotoudeh Arbitrary detention / Urgent Appeal IRN September 7, Harassment 006/0910/OBS 108 2010 Ms. Nasrin Sotoudeh and Arbitrary detention / Urgent Appeal November 5, Messrs. Mohammad Oliayfard, Harassment / Arrest / IRN 006/0910/OBS 2010 Mohammad Ali Dadkhah, Hunger strike 108.1 Abdolfattah Soltani and Mohammad Seifzadeh Ms. Nasrin Sotoudeh and Arbitrary detention / Urgent Appeal November 29, Messrs. Mohammad Oliayfard, Judicial harassment IRN 006/0910/OBS 2010 Mohamad Hossein Nayyeri, 108.2 Ms. Sara (Hajar) Sabaghian and Ms. Maryam Kianersi Ms. Nasrin Sotoudeh, Ms. Sara Ongoing arbitrary Urgent Appeal IRN December 16, (Hajar) Sabaghian and Ms. Maryam detention / Release 009/0910/OBS 115.1 2010 Kianersi Ms. Nasrin Sotoudeh Arbitrary detention / Urgent Appeal January 10, 2011 Sentencing IRN 006/0910/OBS 108.3 Ms. Nasrin Sotoudeh Ongoing arbitrary Press Release April 28, 2011 detention Mr. Mohammad Oliayfard Release Press Release April 28, 2011 Mr. Madjid Tavakoli Sentencing / Arbitrary Urgent Appeal IRN September 21, detention 008/0910/OBS 112 2010 Ms. Shiva Nazarahari Sentencing to prison Urgent Appeal IRN September 21, 007/0910/OBS 111 2010 Confirmation in appeal Urgent Appeal IRN January 11, 2011 of sentencing 007/0910/OBS 111.1 Ms. Sara (Hajar) Sabaghian, Arrest / Arbitrary Urgent Appeal IRN November 19, Ms. Maryam Karbasi, detention / Judicial 009/1110/OBS 138 2010 Ms. Maryam Kianersi, Ms. Rosa harassment Gharatchorlou and Mr. Mohamad Hossein Nayyeri Ms. Fatemeh Masjedi, Ms. Maryam Ongoing Press Release February 8, 2011 Bidgoli, Ms. Haleh Sahabi, incommunicado Ms. Mahbubeh Karami, detention / Messrs Khalil Bahramian, Kaveh Sentencing / Judicial Ghasemi Kermanshahi, Farshid harassment / Yadollahi, Amir Eslami, Omid Disbarment Behrouzi and Navid Khanjani Messrs. Taghi Rahmani, Gholamreza Ongoing arbitrary Urgent Appeal IRN February 23, 2011 Gholamhosseini, Reza Shahabi and detention / Harassment 001/0211/OBS 024 Ebrahim Madadi 342 Kermanshahiand Mr. M essrs. Kaveh essrs. M ohammad Names Abdolreza Tajik Abdolreza Ghassemi Seifzadeh Violations / Follow-up / Violations bstacles to freedoms to Obstacles rbitrary detention Arbitrary peaceful assemblypeaceful of association and association of Sentencing Joint Urgent 002/0311/052 OBS P ress Reference P ress Appeal R elease R elease IRN annual report report annual Date of Issuance of Date arch 29, 201129,March pril 28, 2011 28, April pril 10, 201110, April 2011 343

ASIA MALAYSIA observatory for the protection of human rights defenders annual report 2011

In 2010 and 2011, the right to freedom of peaceful assembly continued to face serious impediments due to a restrictive legal framework, which led to the arrest of several human rights defenders. A women’s rights organisation as well as a human rights lawyer faced judicial harassment as reprisals to their advocacy against the of women and support for Burmese migrant workers. Several land and indigenous rights activists also faced obstacles in carrying out their activities.

Political context The year 2010 saw further restrictions of civil and political rights in Malaysia. Indeed, the Government of Prime Minister was able to showcase only very limited progress in this field, despite campaign

promises to uphold “civil liberties”. The Government remained reluctant1 to enact long-awaited amendments to the Internal Security2 Act (ISA) as well as other laws relating to detention without3 trial . The trial of Mr. Anwar Ibrahim, former Deputy Prime Minister , and the politically motivated charges against other Government critics, further contributed to a lack of public confidence in the judiciary. A potential repeal of the ISA appeared to be highly unlikely, as underlined by Mr. Abdul Nazri Aziz, Minister in the Prime Minister’s Office in charge of Parliamentary Affairs, who stated on November 29, 2010 that the ISA would never be revoked, in

response to the International Bar Association’s4 Human Rights Institute’s criticism of the ISA and call for its abolition . The UN Working Group on Arbitrary Detention, which visited Malaysia from June 7 to 18, 2010, urged the Government to repeal or amend four preventive laws in force in the country that allow detention without trial, in some cases indefinitely: the ISA of 1960, the Emergency (Public Order and Prevention of Crime)

1 / See Observatory Annual Report 2010. 2 / According to the NGO Suara Rakyat Malaysia (SUARAM), 25 individuals were arrested under ISA in 2010, and fifteen persons were released. See SUARAM Report,Malaysia Civil and Political Rights Report 2010: Overview, December 2010. 3 / Furthermore, on December 16, 2010, Mr. Ibrahim was suspended from addressing the Parliament for six months, in connection with remarks alleging that Prime Minister Najib Razak’s policy of racial unity under the banner of “One Malaysia” was inspired by an Israeli election campaign in 1999, called “One ”. The ban in effect means that Mr. Ibrahim will not be able to participate in parliamentary debates in the run-up to the 2011 general elections. 344 4 / See SUARAM. 2010: Overview, December 2010. to a water hike rally in December 2010. See SUARAM Report, Online Press Release, September 21, 2010. SUHAKAM also sent monitors to anti-ISA vigils in August and Malaysian laws. See International Gay and Lesbian Human Rights Commission (IGLHRC) and Protection reviewrelevanta conductthe toJune of undertook alsoin 2010,and media the against complaint a as thereby depriving them of the possibility of reacting to degrading comments. SUHAKAM filed the memo State-controlledmedia, in fromLGBTappearing Governmentbans the people decree1994 a on based that fact the highlighting also media, the in portrayed was LGBTcommunity the way the concerning 7 6 A/HRC/16/47/Add.2, February 8,2011. Document UN Malaysia, to Mission Addendum, Detention, Arbitrary on GroupWorking the of Report 5 elec the to run-up the in promises campaign its In optimistic. be to overly proved levels of international and protection domestic and the at both promotion rights the human to positively contribute will Council Parliament. in recommendations their debate to even or findings SUHAKAM’s on up follow any refuse to continued Government optimism cautious to rise gave institution composed transparent. not was However, of newly the missioners responses initial the com new of process selection the Then,cases. of backlog considerable a 7, up June to 23 2010, April building from office in commissioner no with enjoy actions their to for and impunity widespread assemblies peaceful dispersing when force excessive use to law other and police the in the country, authorities in enforcement the more continued all as the police confidence public diminish to contributed standards double obvious protests. These peaceful stage not could sations organi non-governmental or parties opposition of supporters while tion restric much without numbers large in assemble to allowed were groups group. Pro-Government every to equally apply to not appeared conditions of to by a assemble. and grant on permit the police approval However, these conditional also is dissent. and Freedom assembly of voices critical stifle to Act Act, Sedition as the Multimedia as and well Communication 1998 the used the The increasingly 1984 Act,Government Printing and Publications media.the within in self-censorship harassed, resulting journalists pendent inde and renewed not licenses their down, shut temporarily newspapers Act Residence Restricted the Act, and Measures) Preventive (Special Drugs Dangerous the Ordinance, / / /

Expectations that the election of Malaysia to the UN Human Rights Rights Human UN the to Malaysia of election the that Expectations operated (SUHAKAM) Malaysia of Commission Rights Human The opposition with restricted, seriously remained expression of Freedom

Foreleveninstance,coalitionof loose SUHAKAM a with a complaint filed individuals 52 and NGOs See UN Working Group on Arbitrary Detention JuneStatement, 18, 2010 and Human Rights Council, See ALIRAN. 5 . 6 . Malaysia Civil and Political Rights Report 7 . Furthermore, the the Furthermore, . annual report report annual 2011 - - - - - 345

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tions, Malaysia committed itself, among others, to the implementation of recommendations emanating from the Universal Periodic Review, held in February 2009, to actively promote and protect human rights at the

national level through8 various efforts and to review and repeal archaic and outdated laws . Malaysia further pledged itself to continue fostering a meaningful and productive engagement between the Government and civil society. Additionally, the campaign for a seat on the Human Rights Council also included a promise to strengthen capacities for the imple- mentation and enforcement of human rights conventions which Malaysia is party to, alongside reconsidering the numerous instruments which it has yet to accede to. Despite its election to the Human Rights Council,

Malaysia’s cooperation with9 UN human rights mechanisms continued to be strained and insufficient . Ongoing repression of peaceful demonstrations Although freedom of peaceful assembly is guaranteed under the provi- sions of the Constitution, the police continued to place serious restrictions upon its exercise in 2010-2011, by either refusing to issue permits for public assemblies, or by violently dispersing them, often using excessive force and arresting activists. For instance, on August 1, 2010, the police dispersed candlelight vigils held simultaneously in several States, commemorating the 50th anniversary of the entry into force of the ISA and demanding that it be repealed. In total, 38 participants were arrested, including Mr. Syed Ibrahim, Chairperson of Gerakan Mansuhkan ISA (GMI), Ms. Nalini Elumalai and Mr. Ong Jing Cheng, SUARAM Coordinators, Ms. Kohila, Secretariat Member of SUARAM, Mr. Choo Chon Kai, Penang Branch Secretariat Member, and Mr. Arutchelvan, SUARAM Director. In some

8 / See General Assembly, Letter dated 23 April 2010 from the Permanent Representative of Malaysia to the United Nations addressed to the President of the General Assembly, UN Document A/64/765, May 3, 2010. 9 / There are currently eight pending visit requests from various Special Procedures mandate holders, including the Special Rapporteurs on Human Rights Defenders (request made in 2002); on Indigenous Peoples (2005); on Human Rights and Counter-Terrorism (2005); on the Human Rights of Migrants (2006), on Freedom of Religion (2006) and on the Independence of Judges and Lawyers (2009). Malaysia also has a considerable backlog in reporting to the UN treaty bodies under the various human rights instruments it is party to. The country is also yet to ratify several core human rights conventions, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights; the International Convention on the Elimination of Racial Discrimination; the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. On July 19, 2010, Malaysia ratified the Convention on the Rights of Persons with Disabilities, which is a welcome step. At the same time, however, the formal reservations attached to the instrument of ratification, along with Malaysia’s declaration that aims at limiting the Government’s legal application 346 of the principles of non-discrimination and equality, give rise to serious concerns. on one’s arrest by during rights thepolice, whenstopped anddetention, andonremand proceedings. 16 13 12 ananti-ISAdemonstration. them for improperly dispersing against areport she lodged 11 10 headquarters, police district the to taken were leaflets, their distribute management to mall the by authorised been had who volunteers, four The as well as the “Red Books” them confiscated and cards identification their for them asked police The on remand powers in police Selangor. with information out leaflets handing (LAC), Aid Centre at the working Bar Council’s all Legal for were arrested Moh Khoon charge without released being provider, before power national the against protest a in Rawang, Teretang, Sungai Kampung in arrested were persons three charge without bail on released being before Selangor, Kerinchi, Kampung at campaign hike price anti-fuel an Mr. assistant MP sition on August 2, 2010, SUARAM Mr. Coordinator charge without rally. the of released all were They the participants among injuries some in resulting disperse, to tried crowd the as even crowd with tear gas and cannons,water actions up violent and their stepped Agong” ( Malaysia of Sultan the to memorandum a over to hand as well as Selangor in hike tariff water proposed assembly the against peaceful protest a to in participating for Lumpur Kuala in arrested were persons 5, 2010,sixty December On occasions. many after on postponed pending being remained case the 2011, April of As postponed. but 2010, 20,then was October on held be to scheduled was trial guilty.The not pleaded and 2010, 2, August on Penang north-east in Court Magistrate incident another 2008 May from with stemming connection in Act Police 1967 the of 90 Section station” in a police conduct for “disorderly under charged subsequently was in Penang.vigil in anti-ISA the She participated as having identified being after court to Penang SUARAM Coordinator, summoned was former and Shi charge without released were arrested those of all Eventually, clients. their to access denied were lawyers cases, 14 15

/

/ / / / / /

In this incident, she was accused of being unruly and raising her voice against a police officer when

See SUARAM Urgent Appeal, DecemberSee SUARAM Appeal, 5,2010. Urgent The See ALIRAN Statement, August 17, August See ALIRANStatement, 2010. See SUARAM Report, MalaysiaSee SUARAM Civil Report, andPolitical Rights Report 2010: Overview , December 2010. Idem. See SUARAM andGMIJoint Press 2,2010. August Statement, , a member of the All Women’s Action Society Malaysia (AWAM) Malaysia Society Women’sAction All the of member a , “Red Book: Know your rights” 15 ) regarding the water issue. In addition, the police attacked the the attacked police the addition, In issue. water the regarding ) . On October 11, 2010, lawyers Mr. lawyers 2010, 11, October On . and two students, Ms. students, two and 16 Rozam Azen Rozam 11 , that alleging they were anti police publications. is a publication of the Malaysian Bar, providing legal information and released on bail on released and Norashikin 10 . 2, August 2010,On Ms. 14 were arrested for taking part in in part taking for arrested were . Similarly, on August 7, 2010, 2010, 7, August on Similarly, . Jason Kong Kong Jason Tah Hui Moon 12 and Mr. and . She was charged in the the in charged .was She “Yang di-Pertuan di-Pertuan “Yang Mohd Azwan Mohd and Mr. and annual report report annual 13 and oppo . Similarly, Lau Shu Shu Lau Chan Chan 2011 - ,

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State of Selangor. They were detained for three hours before being released without charge. Their identification cards and the copies of the “Red Book” were returned to them. In February 2011, police denied a permit for the Solidarity March Against Racism organised by the Hindu Rights Action Force (HINDRAF) and its sister organisation, the Human Rights Party (HRP), two organisations aiming at defending the rights of Hindu and other marginalised minorities in Malaysia, scheduled for February 27. Moreover, at least 54 HINDRAF and HRP members were arrested in several locations across Malaysia between February 13 and 27 for participating in various promotional activities in the run up to the march. They were subsequently all released on bail but as of April 2011, they all continued to face charges of “acting as members of an unlaw-

ful society” or “participating in assemblies17 of an unlawful society”, under Section 43 of the Societies Act of 1966 . Acts of harassment against land and indigenous rights activists In 2010, land and indigenous rights activists were again subjected to acts of harassment. For instance, on March 17, 2010, 2,000 Orang Asli, indigenous natives of , organised a historic march in Putrajaya to voice their dissatisfaction on land issues. The protest was organised by grassroots Orang Asli groups, the Network of Orang Asli Villages in Perak (JKOAPerak) and the Network of Orang Asli Villages in Pahang ( JKOAPahang). The police stopped the march fifteen minutes after it started. They had originally planned to march from the Putrajaya mosque to the Prime Minister’s office to hand over a memorandum signed by 12,000 Orang Asli. The police instructed the protesters not to display their banners and redirected half of the crowd to the nearby Ministry of

Rural Development.18 Finally, five representatives were allowed to submit the memorandum . On August 11, barely over a month after the Penan Support Group (PSG) had released a fact-finding report on the sexual exploitation of indigenous Penan women in Sarawak State, Mr. John Liu,

17 / HINDRAF submitted in January 2006 its first application for registration although this reportedly went unacknowledged by the Registrar of Societies. They submitted a second application in October 2007, which also went unacknowledged until October 2008, when the Home Minister announced that HINDRAF was banned. However, no court order followed or accompanied this announcement and, thus, HINDRAF continued its activities. In order to protect its volunteers, HINDRAF renamed itself “Hindraf Makkal Sakthi” in 2008. On October 2, 2009, its legal representatives sent a letter of intent to register the organisation under this name, however, the Registrar of Societies has reportedly not responded to this request. On November 25, 2010, HINDRAF Legal Adviser founded the Human Rights Party, and submitted the formal application for registration, which remains unanswered. 18 / See SUARAM Report, Malaysia Civil and Political Rights Status Report 2010: Overview, December 348 2010. under theRestricted Residence ActinSerian, Sarawak. 21 MalaysiaSUARAM Civil Report, andPolitical Rights Status Report 2010: Overview , December 2010. See mission. fact-finding Penan a on 1994 in State the to Lasimbang’s trip Ms. following Department 20 19 review as it to Offences Criminal Shariah the under Government of punishment as a form caning the urging and women of caning the against lar particu in rights working Malaysia, in human women’s rights for women advocating of defenders group a (SIS), Islam in Sisters a against filed lawsuit (MAMY) Youths Mosque of Assembly Malaysian the 2010, 22, organisation rights women’s a of Harassment period detention sixty-day initial released the was after Bekeni Ak Melati Ms. 2009, 15, March On them. against brought was However,Ordinance. charge formal no Emergency the under order detention two-year a given were Sengoh Ak Marai and Sengoh Ak on activities their of of community.behalf their the rights On March 15,sanctioning 2009, at Messrs. Bunya is aimed it merely However, arrest . their of that believed series a in involved being of them police accused Bintulu after 1969, of Ordinance Emergency the under Sarawak, 15, Ms. with January along 2009, on arrested were Both Johor. in centre, detention Renggam Simpang the in detained remained land, rights customary native their of out company a plantation keep to a in struggle involved actively been have Sengoh of State” the interests the to detrimental are that activities out carry to natives Sarawak encourage or the to instigate of the State” actively detrimental that interests or organisations with “associate are that activities in indirectly or directly involved be “not should she that states explicitly Sarawak to permit entry conditional her Indeed, lifted. been never has 1994 on in ban imposed a Sarawak because entering her peoples indigenous of rights the into inquiry national against Lasimbang action further any out carry Mr.Liu not did police the Subsequently, officials. police to including public, the to widely had distributed which been already report, the of contents the about hour one approximately for Mr. Liu questioned police police. The the by summoned PSG,was the of

/ /

/ / Women human rights defenders were also targeted in 2010. On March March On 2010. in targeted also were defenders rights Womenhuman

Messrs. Bunya Ak Sengoh and Marai Ak Sengoh were released on May 18, 2011. Yet, they were placed See SUARAM.

The ban was imposed by the Chief Minister’s Office and enforced by the Sarawak Immigration Immigration Sarawak the by enforced and Office Minister’s Chief the by imposed was ban The and and 19 . On November 17, 2010, SUHAKAM Commissioner Commissioner SUHAKAM 2010, 17, November On . was not able to enter Sarawak to gather information for a for information gather to Sarawak enter to able not was Marai Ak Sengoh Ak Marai Melati Ak Bekeni Ak Melati 20 . Moreover, 2011, as of April Messrs. , two Iban land activists from Sarawak who from ,Sarawak activists land Iban two , another Iban land activist from from activist land Iban ,another 21 . annual report report annual Bunya Ak Bunya Jannie Jannie 2011 -

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22 violates international human rights principles . MAMY was questioning the use of the word “Islam” on the website and in the publications of SIS. The lawsuit seems to be an attempt to hinder the work of SIS, which had been targeted previously in a similar manner. For instance, in February 2010, the Selangor Islamic Council (MAIS) filed a police report against SIS for questioning the whipping of three Muslim women for allegedly engaging in illicit sex. Furthermore, on March 12, 2010, the Friday sermons in the mosques issued by the Selangor Islamic Department, called on the

public to 23take action against SIS and its Executive Director, Dr. Hamidah Marican . On October 29, 2010, the Malaysian High Court allowed the women’s organisation to use the name “Sisters in Islam”. Judicial proceedings against a human rights lawyer for helping Burmese migrant workers In 2011, a human rights lawyer faced judicial proceedings for helping Burmese migrant workers. On February 14, 2011, the Asahi Kosei (M) Sdn. Bhd. Company, a Japanese company operating in Malaysia and employ- ing migrant workers, lodged a complaint against Mr. Charles Hector Fernandez, a long-standing human rights defender and a lawyer, for “libel” on the company. The complaint came after Mr. Fernandez assisted 31 Burmese migrant workers in obtaining remedies from the company

and posted articles calling upon the company24 to respect the rights of the Burmese migrant workers on his blog . The company denied all the alle- gations and alleged that these workers were supplied by an “outsourcing agent” and hence that they were not responsible for the said workers. The company demanded from Mr. Charles Hector Fernandez the sum of 10,000,000 ringgits (about 2,319,000 euros). In addition, the company sought a court order to get Mr. Fernandez to remove all blog postings concerning the company and Burmese workers, which was granted by

22 / Under international law, judicial such as caning constitutes torture or other ill- treatment, which are absolutely prohibited in all circumstances. Yet, more than sixty criminal offences are punishable by caning, including fraud and immigration offences. Each year, Malaysia subjects thousands of refugees migrants and Malaysian citizens to judicial caning. According to Amnesty International, as many as 10,000 people a year are caned in Malaysian prisons, including many foreigners from Indonesia and Burma. In February 2010, three women were caned under Shari’a law for the first time in Malaysia’s history. See Amnesty International Report, A Blow to Humanity, Torture by judicial caning in Malaysia, December 2010. 23 / See FORUM-ASIA Open Letter to the authorities, April 9, 2010. 24 / On February 7, 2011, the employer and/or their agents threatened these workers with deportation in retaliation for airing their grievances relating to illegal wage deductions, lack of medical leave and unilateral reduction of their wages. Upon being informed about the threatening deportation of the migrant workers, Mr. Fernandez contacted the company for clarification and verification of the reports received. When no response followed, he posted a media statement, now endorsed by over eighty civil 350 society groups, on his blog on February 11, 2011. 25 2011 April to 2010 January from Observatory The by issued Interventions Urgent Selangor Court, High Alam Shah the before 29, 2011 and 28 June on place take to scheduled was trial, which defamation the of end the until place in remain to injunction amended the ordered court the as failed aside set order court mentioned the have to Fernandez Hector 11, Mr. Charles by April On attempts 2011, himself. defend to chance the given being Mr.Fernandez without obtained was order the and application, this about knowledge or notice any had Yet,17,2011. never Mr. February Fernandez on court the ) and (HINDRAF) 52 Khoon Moh, Khoon / Mr. See ALIRANandSUARAM. Hindu P and ) members (HRP) arty Jason Kong, Jason Mr. Rights 25 Names Mohd Azwan Mohd . Ms. Human Action Norashikin Mr. Chan Rights F orce rbitrary arrest / arrestArbitrary Violations / Follow-up / Violations bstacles to freedom of freedom to Obstacles Judicial harassment / harassment Judicial assembly R elease Urgent Open 001/1010/126 OBS authorities Reference L Appeal etter to the to etter MYS annual report report annual Date of Issuance of Date ctober 14, 201014, October arch 30, 2011 30, March

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In 2010-2011, human rights defenders remained exposed to serious risks in Nepal. In a context where justice is not ensured for victims of human rights abuses, those documenting violations and fighting against impunity continued to be subjected to reprisals by both State and non-State actors, including by the Maoists. Defenders promoting the rights of marginalised communities and women human rights defend- ers also remained particularly vulnerable. With the peace process at the verge of breakdown, there are serious concerns over a possible escalation of attacks, threats and intimidation of human rights defenders.

Political context In 2010, Nepal remained locked in a political stalemate, which has pre- vailed since May 2009 and further contributed to the fragility of the peace process. The Maoists staged a nationwide strike (bandh) at the beginning of May 2010, in an attempt to force the resignation of the Government and the reinstatement of the national unity Government. The nationwide strike, which brought the country to a virtual standstill, was eventually called off after six days. There were widespread concerns over the increas-

ing levels of violence and intimidation1 surrounding the strike and the coercive enforcement of the bandh .

A particular low point was highlighted by the failure of the Constituent Assembly to meet the May 28, 2010 deadline to finalise a new Constitution by the end of its two-year mandate. In a last-minute compromise, the mandate of the Constituent Assembly was extended for another year. Following the resignation of Prime Minister Madhav Kumar Nepal in June, the Parliament failed to form a new Government in 2010. On February 3, 2011, Mr. Jhalanath Khanal, Chairman of the Communist Party Nepal - United Maoist Leninist (CPN-UML), was elected Prime Minister after he won a clear majority in the 17th round of voting at the Assembly.

1 / See Office of the High Commissioner in Nepal (OHCHR-Nepal) Press Statement, May 7, 2010. In particular, OHCHR-Nepal stressed that “while upholding the right to peaceful assembly, freedom of opinion and expression, OHCHR opposes the coercive enforcement of the bandh, including threats, psychological terror, intimidation and any other violent measure. The impact of this bandh has been 352 felt particularly harshly by the poor and disadvantaged sections of society”. to seriously undermine public security, in particular in the southern Terai southern the in particular security,in public undermine seriously to criminal prosecutions were undertaken. SeeOHCHR-Nepal Press September 23, 2010. Statement, or investigations impartial and thorough no cases most in and forces, security by force lethal of use the Terai, resulting in the deaths of 57 persons. In all cases, there were credible of allegations unlawful 6 in theTerai, 2010. 2010. See also Advocacy Forum Report, of the Annex to Human Rights Council Resolution 5/1 prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15(b) 5 their families. and victims the torelief and compensation adequate forprovide disappearances; forand responsible international criteria on such commissions of inquiry; require investigations and prosecutions of persons Disappearance; establish a high level commission of inquiry on disappearances in compliance with the disappearance in line with the International Convention for the Protection of all Persons from Enforced 4 UN Document A/HRC/16/23, February 16, 2010. Nepal, in cooperation, technical including office, her of activities the and situation rights human the 3 political parties. SeeAdvocacymembers ofinfluential Forum (AF). been have money the receiving victims the of most that appears it victims, conflict to reliefinterim of distribution witnesses. the Moreover,intensified to protectionGovernment providing the while about go Commission will the how out spell explicitly to fails still also Bill The problematic. Commission is the by recommended cases prosecute to not or whether on say final the have will office General’s says which the Attorney clause the violations, gross rights of human categories five forrecommended be cannot amnesty that states Bill the although particular, In reconciliation. and reparations TRC, the of formation provisions,amnesty regarding clauses addressedon be to remained concerns major which first draft was made public in July 2007, the commissions were notset up as of April 2011. Besides, and alsoconsultations organised on the bill to establish a Truth and Reconciliation Commission (TRC), Commission of Inquiry into Disappearances taking heed of suggestions from human rights organisations 2 districts army the and police the by practised systematically security. still public Torture is adequate of lack a to and order and law of breakdown the to conflict, the committed of end the violations since to regard with impunity prevailing the to tributes disappearances on decision Court Supreme 2007 applauded much the conflict- a for case related courts civilian by prosecuted successfully been has vidual mechanisms justice the to transitional of connection in establishment made been has progress little 2006, of Peace Agreement Comprehensive the of provisions the Despite Maoists. and forces Government between conflict internal (1996-2006) the during decade-long committed violations rights for human accountability ahead on establishing

/ / / / / / /

The lack of accountability for past human rights violations also con also violations rights human past for accountability of lack The move no was there instability, political continued the to mostly Due

See Human Rights Council,Rights Human See

From January 2008 to June 2010, OHCHR-Nepal documented 39 allegations of extrajudicial killings in The decision included an order that the Government enact a law which would criminalise enforced See Human Rights Council, Working Group on the Universal Periodic Review Periodic(UPR), Universal the on Group WorkingCouncil, Rights Human See Although the Government made some critical amendments in the bill to set up a High-Level High-Level a up set to bill the in amendments critical some made Government the Although 6 . Therefore, killings, attacks, abductions, forced donations and and donations forced abductions, attacks, killings, .Therefore, 3 . There has also been no progress in the implementation of of implementation the in progress no been also has .There Report of the United Nations High Commissioneron Rights High Human forNations United the of Report 5 . Furthermore, armed criminal groups continued continued groups criminal armed .Furthermore, Torture and Extrajudicial Executions amid widespread violence , UN Document A/HRC/WG.6/10/NPL/2, October 13, 2 and not a single indi single a not and annual report report annual Compilation 4 2011 . - -

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extortions have again been commonplace, with an apparent lack of cor- responding political will to make those responsible for such violations accountable for their actions. The police frequently refuse to register com-

plaints and political7 parties often resort to direct intervention into judicial proceedings .

In January 2011, Nepal underwent its first Universal Periodic Review (UPR) before the UN Human Rights Council, during which the Government of Nepal acknowledged existing and ongoing human rights challenges in the country, while failing to provide any concrete commit-

ments, 8in particular with regard to addressing torture and extrajudicial killings . Although the Nepal Government accepted a recommendation to “take concrete steps to ensure the security of human rights defenders,

including journalists”, it requested more time to consider9 whether it will accept three further recommendations on the issue .

Moreover, relations with the United Nations became increasingly dif- ficult. After lengthy negotiations, the mandate of the Office of the High

Commissioner in Nepal (OHCHR-Nepal)10 was eventually extended for a further year on June 9, 2010 . As a compromise, OHCHR agreed to reduce its presence in Nepal and to close its field offices outside Kathmandu. In January 2011, the United Nations Mission in Nepal (UNMIN) with- drew from the country. Ongoing repression against human rights defenders and lawyers fighting against impunity Human rights defenders, including lawyers fighting against impunity, continued to operate in an environment dominated by constant threats from both State and non-State actors. Lawyers defending victims of conflict-related crimes continued to face threats, intimidations, refusals

7 / See Human Rights Council, Working Group on the UPR, Compilation prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15(b) of the Annex to Human Rights Council Resolution 5/1, UN Document A/HRC/WG.6/10/NPL/2, October 13, 2010. 8 / See Press Statement of the Nepal NGO Coalition for the UPR (NNC-UPR), January 25, 2011. The NNC-UPR is representing 235 human rights and civil society organisations in Nepal. Particularly, the NNC-UPR was troubled by the response of the Government delegation who claimed today that “there is no systematic torture in Nepal”, in spite of well documented and credible reports of systematic practices of torture at the hands of State security forces. 9 / See Human Rights Council, Draft Report of the Working Group on the Universal Periodic Review - Nepal, UN Document A/HRC/WG.6/10/L.3, January 28, 2011. 10 / See OHCHR Press Release, June 9, 2010. OHCHR has monitored and reported on human rights and provided training and technical assistance to State institutions and civil society since it was established in Nepal in 2005. The Comprehensive Peace Accord signed in 2006 also requests OHCHR to monitor the 354 human rights provisions of the peace agreement. 13 12 human rights defenders inNepal,February 18, 2011. about debate the inform Council,to Rights Human the to JMC, and WOREC,FEDO of support the with 14 11 report news a 13 Maoist May - on Nepal publishing of for Party Ghimire Gopal Communist (UCPN-M) United the of member district of violations. For example, on 14,May 2010, Mr. past the in calls phone similar received already had He cases. violations rights human in proceed to not number phone Indian an through caller unknown an by threatened was district Banke from officer legal AF 9, an 2011, Commission. January on Similarly, Rights Human National the of detainees, representatives the the meet except to lawyers rights human the the let all to to not circular offices a police through ordered had Officer Police informed Senior was the AF 2010, that 28, July On offices. the of charge in inspectors the of orders upon centres detention visit to obstacles similar faced tricts dis Dolakha and Kaski Rupandehi, from 26, lawyers and AF 23 19,respectively, 2010 July on Likewise, Kakadbhitta. and Birtamod of detention centres police the to access denied were Jhapa January AF to of 29 lawyers 2011, 3,July from again and 2010, 3, June to 2009 16, December from particular, In obstacles. those about complaints lodge to were they if reprisals of threatened and pretexts various under detainees visiting from obstructed were lawyers AF districts, Ramechhap and Dolakha Jhapa, In transitional proposed the of the Commission Truth mechanisms, including justice Reconciliation and jurisdiction the under fall cases those that cliché repeated the on prevailing or law Nepali existing the in of limitation statute the either citing cases those registering denied flatly police the However,works. AF where offices police different in conflict internal the during Maoists the and forces security State the by both committed cases First (FIRs) Reports 45 Information of total a filed (AF) Forum Advocacy NGO the 2010, 26, on June Victims Torture of Support in Day International UN the of occasion the on instance, For prosecutions. avoid to and com conflict the during violations mitted rights human uncovering from defenders rights human the level at local parties political and Maoists the judi by into them against intervention proceedings cial direct even instances, some in and cooperate to / / / / Journalists also received death threats when reporting human rights rights human reporting when threats death received also Journalists

See Human Rights Council, Joint Written Statement submitted by the Asian ResourceLegal Centre, Chesta Weekly Chesta See AF. A FIR is a written complaint filed at the police.A FIRisawritten complaint filedatthe See AF. Names ofAFlawyers are not disclosed for security reasons. 11 . State and non-State actors have spared no efforts to prevent prevent to efforts no spared have actors non-State and .State , a Kavre-based newspaper, was threatened to death by by death to threatened newspaper, was Kavre-based a , 14 . 12 demanding criminal investigations in torture in torture investigations criminal demanding Motiram Timilsina Motiram annual report report annual , Editor 2011 13 - - - .

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against the Maoist and entitled “collecting money in the name of labourers”.

Mr. Timilsina lodged a complaint and Mr. Ghimire subsequently apolo15- gised on May 17, pledging not to repeat such an incident in the future .

Some lawyers and human rights defenders were also16 castigated for their work, both directly and indirectly, by the Maoists . For instance, on May 3, 2010, Mr. Janak Bdr Shahi, Secretary of the Banke District Bar Association, was stopped by UCPN-M cadres as he was on his way to the Bar office. When Mr. Shahi clarified that he was a staff employed at the Bar and was returning from monitoring the nationwide strike, he was told by the cadres that “lawyers turn black information into white and

vice versa”17 and was prohibited by the latter from entering the premises of the court . On June 26, 2010, representatives of the Maoist Party publicly accused lawyers seeking justice in the murder of Mr. Arjun Lama, a social

worker in Kavre, of “conspiring with18 international human rights organisa- tions to defame the Maoist Party” . Likewise, on June 30, 2010, on the eve of a jail bail hearing in a case in which a juvenile was severely tortured by family members of a police officer, a Maoist cadre, Mr. Deepak Karki, who is the elder brother of the main suspected perpetrator, met the AF

leading lawyer19 in the case, and requested him not to represent the victim in the court . When the AF lawyer rejected his request, Mr. Deepak Karki got angry and said, “If my sister is jailed, you and your organisation will face bad consequences. We will spare no one”. On July 1, 2010, the day of the final hearing of the case, Mr. Deepak Karki threatened again the AF

leading lawyer, telling him20 “to remember his words”. Yet, nothing untoward happened after that day . The same day, the District Court of Kathmandu ordered to send the perpetrator to jail until trial. As of March 2011, the case was still sub judice and the lawyer remained under threat. Throughout the court proceedings held on August 8, 9 and 10, 2010 vis-a-vis the case of Mr. Ramhari Shrestha’s murder, a businessman from Kathmandu who was allegedly abducted in April 2008 by UCPN members, and later

15 / See Informal Sector Service Centre (INSEC). 16 / See OHCHR-Nepal Press Release, July 16, 2010. OHCHR-Nepal Chief further urged the Maoists to fully cooperate with the justice system and stressed that “while every individual or party is entitled to voice their disagreement, this should not be expressed in a way that is perceived as threatening against individuals who work to provide remedy and justice to the victims of human rights and international humanitarian law”. 17 / See INSEC. 18 / The names of the lawyers are not disclosed for security reasons. The accused in the murder are six Maoist cadres, including Mr. Agni Sapkota, a Maoist Politburo member. The reaction of the Maoist Party followed the earlier refusal of the US Government to issue a visa to Mr. Sapkota on the basis of the seriousness of charges against him. See INSEC and AF. 19 / The name of the lawyer is not disclosed for security reasons. 356 20 / See AF. sequently withdrew the case following pressure exerted by the Nepali Nepali the by exerted police pressure the and Congress following case the withdrew sequently sub Yet, Ansari registered. Ms. was FIR a and complaint a lodge to her released later being interrogation. after The before Women’s helped Centre (WOREC) custody Rehabilitation police in taken was Ansari Ahamad women.of Muslim the rights On advocating day, the same woman”,for Mr.“characterless Munil a Sekh as her defined who country, the in party cal Munil Sekh Mr. by politi largest beaten second the Congress, Nepali the of cadre a Ansari, Ahamad severely was Dhangadi, of defender rights 23 22 21 euros) 10 (about rupees nepali 1,000 fined and justice community the by liable held subsequently women. against was violence against fighting man for The local perpetrator a by rebuked and assaulted abused, verbally was district, Dhanusa rights, 12,For example, April 2010,on Ms. police. the from as well as communities, and hostility families own face their from both issues rights human raise to publicly speak and themselves organise who home,the and sphere defenders rights private the human women to confined traditionally are women Nepal in that given work addition, their In to due affected are frequently they which police in and cases investigate to defenders refuse rights human as are recognised not Dalits of often rights the on working Defenders work. their of and legitimacy recognition social of lack the given vulnerable particularly remained defenders, rights human women and Dalits, the including communities, targeted defenders rights human women and communities marginalised of rights the of Defenders court the of premises the in seen even were combatants The Court. District in Chitwan proceedings criminal in the to plead there been was had who lawyers AF of cantonment lodgings the nearby prowling the on continuously district-based Chitwan the from combatants PLA of truckload a Chitwan, in division third (PLA) Army Liberation People’s the inside received ill-treatment severe of aftermath the in reportedly died 24 Chairperson of the Women Rights Forum, an NGO advocating women’s advocating NGO Forum,an WomenRights the of Chairperson / / / / Human rights defenders working to promote the rights of marginalised marginalised of rights the promote to working defenders rights Human Idem. See INSEC Statement, April 12, 2010See INSEC April12, aswell Statement, asWOREC. Cases are notdisclosed for security reasons. See WOREC. 24 23 . . Similarly, on July 1, .2010, Ms. July on Similarly, Mahenigar Ansari Mahenigar

, a woman human , human woman a Malati Thakur Malati annual report report annual 21 . 2011 22 - - , . 357

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Throughout 2010 and the beginning of 2011, the Government failed to provide a safe and enabling environment for human rights defenders, who continued to be victims of killings and abductions, in particular in areas that fall outside of its effective control, such as the provinces of Balochistan and Khyber Pakhtun Khwa. Perpetrators of violations against human rights defenders were rarely brought to justice, and impunity remained widespread throughout the country.

Political context

In 2010-2011, extrajudicial killings and1 enforced disappearances remained rampant, particularly in Balochistan , creating an extremely high- risk environment for human rights defenders. Judicial processes before the Supreme Court and high courts were still unnecessarily lengthy, contribut- ing to a feeling of impunity. A high number of cases of enforced disap- pearances remained unresolved. In an attempt to address the situation, the Government set up in March 2010 a three-member Commission of Inquiry on Enforced Disappearances (CIED), headed by a former Supreme Court Judge, which submitted its first report at the end of the year. Yet, as of April 2011, its findings had not been made public and the CIED

claimed that it had not been able to make any substantial2 progress in tracing the whereabouts of missing persons in Balochistan .

Torture remained widespread in 2010-2011, with security forces and other law enforcement agencies enjoying almost complete lack of

1 / Balochistan has been engulfed with a cycle of target killings for several years dating back to General Musharraf’s military operation unleashed in early 2000’s to quell secular Baloch nationalists’ demands for maximum internal autonomy and control over the region’s gas, gold and copper reservoirs. The mass killings, abductions and detentions have intensified since July 2010. 2 / The CIED, which investigated the intelligence agencies’ role in enforced disappearances, was authorised to summon any senior official of the armed forces whose name surfaced in connection with the enquiries and also conducted extensive interviews with the families of the victims. Many relatives of missing persons who met a fact-finding mission to Balochistan of the Human Rights Commission of Pakistan (HRCP) in May 2011, appeared before the CIED. Most of them initially had high expectations of CIED, but informed the HRCP mission of their disillusionment over the CIED’s inability to procure the recovery of their missing relatives. Some of those who had appeared before the CIED also complained of intimidation by the intelligence personnel at the hearings. They also said that the CIED expected that the families would produce witnesses of disappearance, when no arrangements had been made for protection of witnesses. See HRCP Reports, State of Human Rights in 2010, April 2011 and Balochistan 358 - Blinkered slide into chaos, June 29, 2011. or Arbitrary Executions, Mr. Christof Heyns, Joint Press Release, March 2,2011. Freedom of Opinion and Expression, Mr. Frank La Rue, and Special Rapporteur on Extrajudicial,to Right the Summary of Protection and Promotion the on Rapporteur Special Belief,Bielefeldt, Mr. or Heiner UN See Independent Expert prevented”. on Minority Issues,effectively Ms. Gay and McDougall, Special Rapporteurlaw on by Freedom of Religion prohibited be must hostility or violence to incitement constitutes that hatred religious of “anyadvocacy that stressed further holders Proceduresmandate 8 State ofHumanRights in2010, April2011. sentencedPunjab death blasphemy. be to for province,to first woman was the who HRCP See Report, from woman Christian a including 2010, in law blasphemy the under charged were people 64 least at addition, In 2010. in law the in made was change no end, the In groups. hard-line from opposition amid stalled had it reform to Previousattempts extremists. by misuse its check to law blasphemy its 7 6 Executions, Mr. PhilipAlston, Joint Press Release, May 28,2010. on Minority Issues, Ms. Gay McDougall, and Special Rapporteur on Extrajudicial, Summary or Arbitrary 5 institutionalised discrimination. 4 4, 2011. CommitteePress April Release, Rights Human UN See report. a of Pakistan’sabsence in even record examine may Committee the that and 2011 23, September on due was report initial its that Pakistan reminded which Committee, Rights Human the by rebutted forcefully was This Covenant. the of 40 Pakistan also declared that is does not recognise the competence of the Committee provided for in Article ratification, Constitution laws.the Upon PakistanprovisionsSharia of of the the to and repugnant not declared that the application of Articles 3, 6, 7, 18, 19 and 25 of ICCPR is accepted only as long as they are Government The laws. Pakistaninational under criminalised be not will torture that means effect, in 3 of worship” places their for of a in and protection Pakistan lack minorities religious against violence pervasive of “symptomatic were killings high- profile these that noted Rights Human for Commissioner law High UN blasphemy The the opposing for assassinated were Affairs Minority for Federal the and Minister respectively,province of Punjab the Governor the community the of on May 28, mosques of members Ahmadi two 2010, seventy at least killing by attack the attacks, as violent and illustrated threats,faced discrimination minority religious Ahmadiyyah the of members particular, In vulnerable. concerns serious raise which ratification, upon reservations several made authorities June on Pakistani However, 2010. 23,(ICCPR) Rights Political and Civil the on and Covenant Torture Against International Convention UN the ratified Government the country.step, the of a In welcomed parts all in poor remained detention of endemic. Conditions also were services by intelligence the run centres tion deten in or custody military in committed torture of Acts accountability. ings, particularly in Balochistan in ings,particularly

/ / / / / / / /

In 2010-2011, members of religious minorities remained particularly particularly remained minorities religious of members 2010-2011, In

Notably, the Government entered a reservation to Article 4 of the Convention Against Torture, which See UN Special Rapporteur on Freedom of Religion or Belief, Ms. Asma Jahangir, Independent Expert In February 2010, the Minister for Minorities Affairs had stated that Pakistan planned to change change to planned Pakistan that stated had Affairs Minorities for Minister the 2010, February In

In 2010, 105 ShiaHazaras were killed insuch attacks inBalochistan. SeeHRCP. In Pakistan and other countries Ahmadis are regarded by many as non-Muslims and subjected to subjected and non-Muslims as many by regarded are Ahmadis countries other Pakistanand In See UN High Commissioner for Human Rights Press Release, March 2, 2011. Four UN Special Special UN Four 2011. 2, March Release, Press Rights Human for Commissioner High UN See 5 . The Shia community was also victim of targeted kill targeted of victim also was community Shia . The 6 . In addition, in January and March 2011 2011 March and January .in addition, In 3 . annual report report annual 2011 8 7 - - 4 . .

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Freedom of expression remained under attack by both Government and non-State actors. Although Pakistani media can openly criticise the Government, journalists were targeted for their critical views of the mil- itary, the intelligence services and the Taliban forces alike. Reportedly,

twenty journalists and media workers were killed in 2010, making9 Pakistan one of the deadliest country for journalists in the world . Widespread impunity surrounded the killing of journalists and other media workers,

as reportedly 10not a single conviction was obtained during 2010 for killings of journalists .

In July 2010, Pakistan’s worst monsoon flooding in a century affected one-fifth of the country and resulted in the displacement of approximately seven million people. At least 1,600 people died and at least 2,000 persons were seriously injured as a result of the floods, which reportedly destroyed 1.9 million homes. The most vulnerable sectors of society, including members of minority communities, women, children, persons with dis-

abilities and Afghan refugees 11appeared to be disproportionately affected in the aftermath of the floods . Assassination and abduction of human rights defenders in Balochistan and the KPK province In 2010-2011, defenders continued to face threats and attacks from non-

State12 actors in Balochistan and the Khyber Pakhtun Khwa (KPK) prov- ince . NGOs working in the health and education sectors, or those seeking to promote human rights, were often branded as “promoting obscenity” or “undermining Islam”. In addition, international organisations needed to seek “No Objection Certificates” (NOC) from the Government, which

hampered their freedom of movement outside Quetta, in Balochistan,13 as well as in parts of the Federally Administered Tribal Areas (FATA) .

Incidents of targeted killing and abduction for ransom forced inter- national humanitarian NGOs to curtail their activities in Balochistan and the KPK province, as several of them closed down their offices or reduced field work to prevent harm to their staff. On February 18, 2010, unidentified armed men abducted four employees of the international humanitarian NGO Mercy Corps in the Shankai area of Qilla Saifullah

9 / See HRCP Report, State of Human Rights in 2010, April 2011. 10 / Idem. 11 / See UN Committee on the Rights of the Child (CRC), Committee on the Elimination of Discrimination against Women (CEDAW) and Committee on the Rights of Persons with Disabilities (CRPD) Joint Press Release, October 27, 2010. 12 / The KPK province was known as the North West Frontier Province until April 15, 2010. 360 13 / See HRCP. 14 organisation an that reported Newspapers persons. missing of recovery the for acting and disappearances enforced denouncing region, and documenting Balochistan the in committed violations rights human reporting continuously was and rights human of defence groups the and promotion the community for mobilised had region, the in defender rights human renowned a Jamaldini, Sabir Mr. unknown Naeem motorcycle. two a by riding individuals Khuzdar in dead shot was Coordinator, Group Core 1, March On 2011,trators. Mr. perpe the prosecute and identify publicly 2011, to nor, April of release as his secure to neither effort real no made HRCP,authorities the the from calls ance,repeated Mr. Despite policemen. by four accompanied was Eido disappear his of time the At torture. of signs apparent with Ormara, Balochistan, in found was body his 2011, 28, April On uniforms. forces rity secu State by wearing men in Gwadar (HRCP), of Pakistan abducted was Mr.21,2010, December On reprisals. of country the in workers humanitarian foreign attack to threatened crisis, Taliban of flood Pakistan’s peak the at August, late In Balochistan. in activities their stop sations Baloch the by Front, United ICRC the UN and organi that Liberation demanded threats which of wake the in Balochistan in operation its halted (ICRC) Cross Red the of Committee International May, the In security. Mansehra the in adequate them to provide had failed the police that victims and complained district earthquake for activities field their suspended reportedly NGOs international and national addition, In country. operations the its in all suspended subsequently which Vision, ofWorld office the on attack the behind were Taliban the that believed is It earthquake. 2005 of the of victims rehabilitation the for working been had NGO based Church- The province). (KPK district Mansehra of Tehsil Oghi in dead shot were Vision World NGO American the of employees Pakistani six unharmed released were workers three relief other kidnapped the 2010, July In employees. abducted the of one killed pers June In kidnap workers. the after relief Balochistan in four operations its the closed Corps of Mercy 2010, release the for euros) exchange 8,180 in (about ransom rupees Pakistani million 100 demanded abductors programs. The health implement to Balochistan in officials health district local with working were members Mercy team of abducted office Pakistan.The in regional Corps main the to way their on Balochistan, district, 15 Coordinator of the Pasni Core Group of the Human Rights Commission Commission Rights Human the of Group Core Pasni the of Coordinator / / Members of human rights NGOs in Balochistan region were also victims NGOs in of Balochistan rights human Members See HRCP Report, State ofHuman Rights in2010See HRCPReport, , April2011. Idem. 15 . Naeem Sabir Jamaldini Sabir Naeem Siddique Eido Siddique 14 . On March 10, 2010,10, March .On , HRCP Khuzdar , Khuzdar HRCP , a journalist and and journalist , a annual report report annual 2011 - - - - -

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calling itself the Baloch Musallah Difa Army claimed responsibility. Mr. Sabir Jamaldini had been reportedly receiving death threats for months before his murder and feared for his safety. As of April 2011, the perpetra- tors had not been identified. Killing of a trade union activist Trade union activists still faced significant risks in connection with their activities. For instance, on July 5, 2010, Mr. Mustansar Randhawa, a leader of the Labour Qaumi Movement (LQM) and of textile and power loom workers across several districts in Punjab, was shot dead in front of his office in by unknown persons. On that day, LQM had called for a strike against low wages, poor working conditions and the intimidation of power loom workers. Mr. Randhawa, had been receiving death threats reportedly from power loom and textile mill owners prior to his death,

apparently because of his role in organising workers in the area.16 As of April 2011, the perpetrators of his assassination remained at large . Reprisals against defenders of minorities and women’s rights Human rights defenders working on the rights of religious minorities and women also faced increased risks. For instance, on August 19, 2010, HRCP member Mr. Veerji Kolhi was abducted in , prov- ince. He had previously called for justice for a gang-rape victim. He was also active in advocating for the rights of minority communities, particu- larly in Sindh, and in the emergency relief efforts following the floods. He was subsequently released on August 23, 2010, after being threatened

with dire consequences should he not be able to convince17 the victim and her parents to agree to a compromise in the rape case .

16 / See HRCP Press Release, July 9, 2010 as well as Report, State of Human Rights in 2010, April 2011. 362 17 / See HRCP Report, State of Human Rights in 2010, April 2011. the humanrights situation inthePhilippines, December 2010. 1, 3 consent to their occurring over and over again”. Pres. Benigno Aquino III, Inaugural Speech, June 30, 2010. 2 private armies, often withnationalGovernment support. 1 up setting decision presidential a despite rights human threaten to tinued decade. past the over documented disappearances enforced of cases 200 than more including violations, rights human investigate to mandated not the Arroyo but is regime during committed allegations tion corruption over jurisdic has Commission the Philippines, the for TruthCommission the 2010. in established 30,President the July on order prevailed executive first his in Although, disappearances enforced and killings extrajudicial of killings, continued extrajudicial including in human rights the that mainstream Aquino other policies administration. so far failed to sign and implement the national human rights action plan or has 30, Government June on the office took Aquino President since rights human press of promotion the respect towards steps and notable was there freedom.expression While of freedom uphold to pledged military further the He and police the by enjoyed impunity the ending violations, groups military private of abolition the as paign that platform a included number of human rights commitments, such context Political attacks. violent of risk serious at remained defenders rights human which in an environment created groups leftist of armed or associates as sympathisers labelling faced the and violations also rights human for impunity of projects climate The intimidation. economic and threats and mining opposing activists rights land as well as activists and workers Health assassinations. be including to reprisals, continued violent to subjected police, the or army Philippine the of officers by committed lations defenders rights human of report protection annual the for observatory THE / / /

Private armed groups of local politicians and paramilitary groups con groups paramilitary and politicians local of groups armed Private violations, rights human gross of allegations credible Furthermore, cam a on President elected was III 10,Aquino May 2010, On Benigno vio rights human reporting or documenting defenders rights human 2010-2011, In In numerous provinces, ruling families continue to use paramilitary forces and local police as their as provinces,numerousparamilitarypolice forces In local use familiestoand ruling continue

See Alliance for the Advancement of People’s Rights (KARAPATAN) Report, “There can be no reconciliation without justice. When we allow crimes to go unpunished, we give we unpunished, go to crimes allow we When justice. without reconciliation no be can “There 2011 P H I L IPPI 3 . Impunity for hundreds of cases of cases . hundreds for Impunity 1 and justice for human rights rights human for justice and NE S 2010 year-end report on 2 - - - - . 363

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a task force to dismantle private armies in Masbate and Abra provinces. The trial of the persons accused of committing the Maguindanao massacre in November 2009 began on September 8, 2010. The trial could be a crucial step in establishing accountability for the killing of 57 people.

However, as of June 2011, 107 suspects were still at large 4and ninety had been arrested, out of which 31 had not been arraigned yet .

Politically motivated killings and torture also continued throughout 2010. On a positive note however, the first test case under the 2009 Anti-

Torture Act was filed in September 2010 by the NGO Medical Action5 Group, in the case of five men detained in the Pampanga provincial jail .

In December 2010, the Government of President Aquino unveiled its new counterinsurgency programme, the “Oplan Bayanihan”, which replaced the controversial “Oplan Bantay Laya” (OBL), said to be responsible for extrajudicial killings and enforced disappearances of activists and the dis- placement of thousands of people from communities. Yet, it remains to be seen whether the new strategy will in fact contribute to ending impunity. Assassination of human rights defenders who denounce abuses committed by the army or the police Human rights defenders documenting or denouncing abuses commit- ted by officers of the Philippine army or the Philippine National Police (PNP) were in the front line of repression. For instance, Mr. Benjamin E. Bayles, a member of the September 21 Movement, which is a member of the Alliance for the Advancement of People’s Rights (KARAPATAN), in Himamaylan city, Negros Occidental province, was shot dead by two men on June 14, 2010. The Himamaylan city PNP subsequently appre- hended and detained Messrs. Roger M. Bahon and Ronnie L. Caurino, and charged them with murder. The same day, Kabankalan police officers made a statement on the radio claiming that the two suspects had confessed to be regular members of the 61st Infantry Brigade of the Philippine Army but retracted from this initial statement the following day. Mr. Bayles had been reportedly subjected to surveillance, harassment and intimidation by the military since May 2010. The military had accused him of working for front organisations of the Communist Party of the Philippines – New People’s Army (CPP-NPA). Mr. Benjamin Bayles had been denouncing abuses committed by the officers of the Philippine army against upland farmers and farm workers, and had helped families of the victims to seek legal services. He was also active in anti-mining campaigns and in advocating

4 / According to the files of the Regional Trial Court 221. 364 5 / See Philippine Alliance of Human Rights Advocate (PAHRA) and Medical Action Group. December 2010. 1, 6 to by Regional the Trial sedition”.dismissed were subsequently charges These “inciting and “rebellion”, explosives”, possession “illegal with charged falsely were They situation. rights human the on KARAPATANorganisations other among and consultation a attending were who Philippines, the in prisoners political former of SELDA, of organisation an member a staff; (KMP); Philippines the of Movement were Messrs. Arrested office. the in NPA members were there that specified Norte. warrant search The Camarines Daet, in KARAPATANoffice the raided police the 31 the of members 22, 2010, November strategy. On counterinsurgency militaries’ the of part as committed violations rights human denouncing military work his the of by result a as harassment of acts of target Delgado. Mr. the been “eliminate” to previously had order He an of issued had elements army that source Philippines reliable the a from information classified KARAPATAN after received days the three of place took front legal conference a press is KARAPATAN NPA. The that alleged further Rosario del Eduardo NPA General a known of commander. Brigadier daughter the of death and abduction the to avenge Cabangbang, allegedly Randolf Colonel Lieutenant Spokesperson, Command Mindanao Eastern the liquidate to plot a masterminding of Region, KARAPATAN-SouthernMindanao of Mr. accused they which during city, Davao Apongcola, at conference press a held Labawan Ruben Datu and support or members NPA ers are premises the in present persons NPA, the that for and or house safe evidence, a were premises damning the that planting claiming subsequently human reportedly of venues gatherings, and NGOs related rights rights human of premises the soldiers storming of allegations also were There organisation. European terrorist the a as and Union States United the both by People’s designated (NPA), New Army the including sympathetic groups, being leftist as armed to, police belonging the or with, and army the of members by labelled defenders rights human of stigmatisation Ongoing assassination. colleague’s his denouncing for ened Mr. 2011. Mr. Moreover,April of as ongoing following was and Bayles’2010 killing, October in began suspects two the of trial The rights. peasants’ for

/ / Human rights defenders, community activists and journalists are often often are journalists and activists community defenders, rights Human

See KARAPATAN See Report, 6 . On September 21, 2010, Brigadiers General Eduardo del Rosario Rosario del Eduardo General Brigadiers 2010, 21, September On . Fred Cañas Fred Mherlo Bermas Mherlo , KARAPATAN-Negros Secretary General, was threat was General, KARAPATAN-Negros,Secretary st Infantry Brigade of the Philippine Army (IBPA) and Army Philippine the of Brigade Infantry 2010 year-end report on the human rights situation in the Philippines, Philippines, the in situation rights human the on year-endreport 2010 , Kabataan party list member; and and member; list ,party Kabataan Smith Bardon Smith , Provincial Chairman of the Peasant of the , Chairman Provincial Kelly Delgado Kelly Denver Bacolod Denver , Secretary General General Secretary , Elpidio de Luna de Elpidio , KARAPATAN, annual report report annual 2011 - - ,

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Court Branch 38 in7 Daet, Camarines Norte, and the four were released on February 24, 2011 . Moreover, Mr. Temogen Sahipa Tulawie, Provincial Chairperson of the Consortium of Bangsamoro Civil Society (CBCS) in Mindanao, province of Sulu, has been in hiding since October 2009 after a warrant of arrest was issued against him. His work involves the monitoring and documentation of human rights violations affecting Muslim commu- nities in the Autonomous Region of Muslim Mindanao, especially in the province of Sulu. He is facing charges of “multiple frustrated murder” and “attempted murder” at the Regional Trial Court of Jolo, Sulu, filed on July 22, 2009. The charges relate to a bombing incident that happened in the municipality of Patikul, Sulu, on May 13, 2009, wounding twelve persons, including Governor Abdusakur Tan of the province of Sulu. On May 26, 2009, Messrs. Mohammad Sulayman Muin and Juhan Alihuddin were arrested without a warrant and later, in the absence of legal counsel, forced to admit responsibility for the bombing. They named Mr. Temogen Sahipa Tulawie and Congressman Munir M. Arbison of the second District of Sulu as the alleged masterminds behind the bombing. It is on the basis of their extra-judicial confessions that the arrest warrant for Mr. Tulawie was issued on October 5, 2009. Mr. Mohammad Sulayman Muin escaped from detention on December 24, 2010, and was reportedly killed subsequently. Mr. Alihuddin later recanted his confession and denied any knowledge of

the bombing. As of April 2011, Mr. Tulawie8 remained in hiding due to fears that he will not be accorded a fair trial . Arrest and detention of health rights activists Health workers and right to health activists were repeatedly harassed by security forces in relation to their activities providing health care and advocacy to rural and disenfranchised communities. On February 6, 2010, 43 health workers and members of the Council for Health and Development (CHD), including Ms. Merry Mia, Health Education and Training Services Coordinator for the CHD, were arbitrarily arrested and detained in Morong, Rizal province. About 300 armed members of the 202nd IBPA and the PNP raided the residence of Dr. Melecia Velmonte, a respected specialist on infectious diseases, and arrested the health professionals attending a health skills training seminar sponsored by the Community Medicine Foundation (COMMED) and the CHD. Initially no search warrant was presented, and the one produced later was lacking crucial elements. The health workers were brought to the headquarters of the 202nd IBPA, and detained for three days incommunicado, blindfolded and handcuffed, before their relatives were allowed to visit them on February

7 / Idem. 366 8 / See Task Force Detainees of the Philippines (TFDP). the municipality of Casiguran. On July 9, 2010, Mr.2010, 9, July On Casiguran. within of those municipality the particularly families, their and fishermen farmers, people, indigenous displace to threatens project The Manila. in groups advocacy of support the also seeking province, the in estab zone economic an the of lishment against advocating are pamphlets the in listed leaders munity Angara Calivara Pedro Messrs. leaders: community following the of names listed the also pamphlets The found. also were Fr.Francisco against threats ( Group” Communist by the “Anti- issued the premises. Additionally, on purportedly pamphlets, parish found were rifles M14 and M16 from shells empty and shrapnel, Father parish of the at house grenades threw and shots gun fired individuals armed unidenti fied of group a 2010, 26, June on example, For murder. including projects economic and mining opposing activists rights land of assassination and Threats residents. local for implications health and Power environmental serious about Nuclear bring to likely is area, the in which Bataan Plant the of operation renewed possible the protest to campaigns firearms”.and arrest,to to organise their Prior had planned they of explosives of murder” possession on “attempted charges city) and “illegal (Balanga jail 27, PNP,by the 2009 provincial Bataan in detained remained May on arrested all were who (NFBM), Movement Bataan Nuclear-Free Mr. as well as organisers, nity more after 2011, Messrs. 2010, Moreover, April detention. of in as 17, months ten than December on released finally were They illegally. and theresidents were ofthehouse ordered outof thebuilding. 9 who farmers displaced of movement a 3100), (ALMANA Fort in Hectares Magsaysay 3100 the in Farmers United of Alliance the of leader a at army Dr.residence Velmonte’sthe by found allegedly were that firearms and explosives of basis CPP-NPA”, the to of bombs” as “belonging the on well as “manufacturing of firearms”, deprivation. possession and sleep of were accused They “illegal electrocution including interrogation, during ill-treatment of forms other and torture to subjected were they that reported workers health 8.Several Limcumpao the “Morong 43” given that the evidence against them had been gathered gathered been had them against evidence the that 43” given “Morong the against filed charges criminal the withdraw to Justice of Department the / In 2010, land rights activists continued to be subjected to violent attacks, to violent to be subjected continued activists In 2010, rights land

However, according to witnesses, the military searched the compound only after the health workers , Jerry Fabro Jerry and and , Alfonso Jan Alfonso José Francisco Talaban Francisco José Domingo Alcantara Domingo and Ms.and Aniban ng Ayaw sa Komunista sa Ayaw ng Aniban 9 . In December 2010, President Aquino ordered ordered Aquino President 2010, December .In Rachel Pastores Rachel , Archie Bathan Archie Arnold Gamaro Arnold , respectively peasant and commu and peasant ,respectively . Countless bullet marks and and marks bullet Countless . . Fr. com the and Francisco , Secretary General of the the of General Secretary , , Arnel Turzar Arnel Pascual Guevarra Pascual ), containing death death containing ), Edwin Garcia Edwin annual report report annual , Marlon Marlon Rafael Rafael

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oppose eviction from their land, was shot dead by an unknown individual who had broken into his house in Barangay San Isidro, municipality of Laur, Nueva Ecija province. His grandson was also injured in the incident. Similarly, on June 27, 2010, Mr. Fernando Bejino, an active member of

Kasayan Farmers Association (KASAYFA)10 and a fervent opponent to the planned expansion of the “Jathropa plant” , was killed by two unknown assailants while he was travelling from Poblacion to Barangay Casalaan, municipality of Siaton, Negros Oriental province. Prior to his death, he was harassed by vigilante groups reportedly created by the military and pressured to admit his alleged involvement in an underground movement linked to an armed rebel group, which he rejected. On January 24, 2011, Mr. Gerardo Ortega, a journalist and environmental rights defender in Palawan Island, was shot dead in Puerto Princesa city. On January 26, 2011, the police filed murder charges against the former adminis- trator in the south-western Palawan province, who allegedly owned the gun used by another suspect, Mr. Marlon Ricamata, who was appre- hended at the scene by the police on January 24, and who confessed that he had been hired to silence the broadcaster for a fee of 150,000 pesos (2,470 euros). Three other men were also charged for the shooting of Mr. Ortega. Mr. Ortega was a staunch critic of the current provincial

administration and of mining companies in Palawan,11 speaking out against corruption in his programme on DWAR radio station . On March 9, 2011, Mr. Bonifacio Labasan, Vice-Chairperson of the Isabela chapter of the Union of Peasants in Cagayan Valley (Danggayan Dagiti Mannalon iti Cagayan Valley - DAGAMI), was shot by two men on a motorcycle. He had been engaged in a campaign against the conversion of vast crop lands for the production of bio-ethanol, which would displace farmers from their lands in Isabela province. As of April 2011, the police was studying whether to bring charges and no suspect had been detained. On April 27,

2011, Ms. Florita “Nang Flor” Caya, newly-elected General 12Manager of the Unified Tribal Council of Elders and Leaders (UTCEL) and Vice- President of the national rural peasant women organisation LAKAMBINI,

10 / The privately owned Jathropa production stands at 18-20 hectares and it is bordered on all sides by forest lands tilled by members of the KASAYFA. The planned expansion would imply clearing additional hectares of residential lands to be planted with corn and other crops, some of which are for biofuel purposes, endangering the farmers’ lots and livelihoods. 11 / Ultimately, Mr. Ortega supported a law centre petition filed before the Supreme Court on behalf of residents of the province to declare as unconstitutional a litigious sharing agreement between the provincial Government and the national Government over the proceeds of the Malampaya natural gas project off the coast of the province, which stands at ten billion US dollars. 12 / UTCEL, a local indigenous peoples’ organisation, is officially recognised by the National Commission on Indigenous Peoples (NCIP) and the local government units as the legitimate claimant organisation 368 to the awarded Certificate of Ancestral Domain Title (CADT) area. 13 to April 2011 April to 2010 January from Observatory The by issued Interventions Urgent in the area of companies/interests mining to entry the planned opposition UTCEL of because is this feared thus is It liquidated”. be all would they otherwise activities their should “stop they that warning threats received at Mr. replace elected to 2011 been March in had UTCEL of head the years. She two of span a in persons killed be unidentified to by UTCEL of Manager General third the was Flor Nang Ms. man. by another driven of a at back the motorcycle riding quickly and store the from away walking Valley.Compostela hurriedly a man saw Witnesses Monkayo,of poblacion the at store her tending at while head her of back the shot was confederation, peasant national a PAKISAMA, to affiliated was gunned down on August 17, 2010. UTCEL leaders are said to have have to said are leaders UTCEL 17, 2010. August on down gunned was F Gamaro, and other 41 health 41 other Velmonteand Calivara, M / ather M M Ms. the workers and members of members workersand essrs. See PAKISAMA Press April29, Statement, 2011 aswell asPAHRA. M Whelgester Paglinawan Whelgester essrs. Angara, essrs. Mr. and essrs. and , Villagonzalo Althea Ms. Mr. Merry Mia, Merry C Mr.Delgado Kelly José Francisco TalabanFrancisco José , ommunity for ommunity and Bonifacio Labasan Bonifacio Development ascual Guevarra Pascual Edwin García, Edwin RachelPastores Arnel TurzarArnel , Manuel Bentillo Manuel Gerardo Ortega Gerardo , Solano Christopher Benjamin E. Bayles E. Benjamin Alfonso Jan, Alfonso Fernando Bejino Bejino Fernando Names Jerry FabroJerryand Fred Cañas Fred Dr. Melecia Melecia Health Arnold Marlon Pedro detention / detention Violations / Follow-up / Violations torture and other forms other and torture ssassination / Assassination rbitrary arrest and arrestArbitrary rrest / Arrest ssault / Assault of ill-treatmentof Stigmatisation Assassination Assassination Assassination detention llegations of Allegations Arbitrary Threats Threats Urgent Urgent Urgent Urgent Urgent Urgent Urgent 003/0710/086 OBS 002/0610/081 OBS Open 002/0311/042 OBS 003/0311/053 OBS 004/1010/123 OBS 001/0210/017 OBS 001/0111/012 OBS authorities Reference L Appeal Appeal Appeal Appeal Appeal Appeal Appeal etter to the to etter Carlito Chavez Carlito PHL PHL PHL PHL PHL PHL PHL annual report report annual Date of Issuance of Date F January 28, 2011 28, January ctober 8, 20108, October arch 30, 2011 30, March arch 23, 2011 23, March ebruary 6, 20106, ebruary June 30, 201030, June July 22, 201022, July July 16,2010July , who

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In 2010 and until April 2011, freedoms of association, peaceful assembly and expres- sion remained significantly hindered in Sri Lanka, especially in the northern prov- ince. Human rights defenders seeking accountability for human rights violations, in particular for alleged violations of international human rights and humanitarian law committed by the Government and the LTTE during the civil conflict that ended in 2009, fighting against corruption or defending environmental rights, were subjected to various acts of intimidation including threats, slandering campaigns, judicial harass- ment and even and killing. Human rights defenders were also subjected to reprisals when promoting and using the UN human rights system, while failure to investigate prominent cases of assassination and disappearance of human rights defenders further contributed to an environment of fear and silence.

Political context In January 2010, incumbent President Mr. Mahinda Rajapaksa won a landslide victory with 57% of the votes cast in the early presidential elections that he called two years before the end of his term, after having declared victory over the Liberation Tigers of (LTTE) sepa- ratists in May 2009, following a 26-year civil war. The common opposition candidate, General Sarath Fonseka, who led the final military campaign against the Tamil Tigers as the Commander of the army, lost against Mr. Rajapaksa and announced his intention to contest the election results. On February 8, 2010, General Fonseka was arrested in Colombo and was court-martialled for “committing military offences”, relating to alleged acts of corruption he may have committed while serving in the army. In September 2010, General Fonseka was condemned to thirty months of imprisonment and stripped of his military rank by President Rajapaksa. The President further consolidated his power when his ruling coalition won an overwhelming majority in the April 2010 parliamentary elections. Moreover, on September 8, 2010, Parliament adopted the 18th amend- ment to the Constitution, significantly increasing Government power over the judiciary, the police and the National Human Rights Commission. It also lifted the previous two-term limit for the Presidency, thereby making it possible for President Rajapaksa to remain in power indefi- nitely. The incumbent Government also won local government elections in March 2011. However, in all three elections, the Government suffered heavy defeats in the Tamil majority northern province, which bore the 370 brunt of the last phase of the war in 2008-2009. Documentation Centre (INFORM) andLaw SocietyTrust (LST). Rights Human Inform (FMM), Movement Media OMCT, Free See candidate. opposition presidential the supporting articles wrote he after shortly 2010 January Prageeth since Mr. disappeared remains website, Ekneligoda, the of cartoonist the Moreover, elections. presidential 2010 January the in threats, intimidation and smear campaigns, which increased following their support of General Fonseka 4 3 the LLRC was extended by the President to May 15, 2011. warrantthe of 2010, 5, November On 2011. 31, March Report, Lanka Sri in Accountability on Experts of into credible reports of atrocities committed by both sides to the Seeconflict. Secretary General’s Panel Experts, which was appointed on June 22, 2010 and called for an independent international investigation Its mandate and work was explicitly put in question by the report of the UN Secretary General’s Panel of May 19, 2009”. to thereafterfollowed up that events of sequence the and […] agreement ceasefire the 2 1 reprisals and harassment to subject were brother, President’s the Rajapakse, Mr.Gotabhaya Minister Defence the or President the policies, its Government, the criticised that outlets media online and print particular, In blocked. were websites news and questioned and were detained presi journalists election, several dential when 2010 January the following particularly 2010-2011, in constraints intimidation and threats LLRCfaced the to testimony giving witnesses that concern manner. particular of forceful was a Moreover,it in reconciliation address to fail will therefore conflict LLRC the of phases final the in sides both by committed law humanitarian and rights human international of violations of allegations serious investigating to extend conflict, not did it the as of limited remained weeks mandate its last the during parties both by committed crimes war of allegations the into investigation international independent an calls for widespread to response in President the by 2010 May in up (LLRC) set was Commission Reconciliation and Learnt Lessons the Although militarised heavily remained by Tamils inhabited territories the conflict, the of end the despite Additionally,security. national to threat a constituting allegedly were actions whose LTTE or the with links of having accused were who journalists and defenders rights human opponents, of political arrest the Act (PTA) to in to justify order be invoked continued of Terrorism Prevention the and ER month. The every – renewed 2010 were May and in repealed were provisions its of some that fact the despite – in place remained (ER) LTTE,the still with Regulations Emergency the

/

/ / / /

See Sri Lanka Advocacy Group, Freedom of opinion and expression continued to face significant significant face to continued expression and opinion of Freedom violations. rights human past regarding prevail to continued Impunity conflict the of end the since reported were acts terrorist no Although

See Sri Lanka Advocacy Group, For instance, the Colombo-based opposition online website The main task of the LLRC is to report “on the facts and circumstances which led to the failure of of failure the to led which circumstances and facts “on the report to is LLRC the of task main The Briefing Note on the Human Rights Situation in Sri Lanka Briefing Note on the Human Rights Situation in Sri Lanka 4 . In addition to the intimidation, threats and and threats intimidation, the to addition .In 3 . LankaeNews was the target of constant annual report report annual 1 2 . , and the the and , , March 2011. , March 2011. 2011 -

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smear campaigns targeting opposition news media, employees of State- owned media outlets also suffered severe consequences for protesting against Government control of their editorial policies as well as from the

misuse of State media resources during the presidential election campaign5 in January 2010. Dozens of employees were fired, suspended or threatened .

The human rights record of Sri Lanka was examined in 2010 by the United Nations (UN) Committee on the Rights of the Child (CRC) and Committee on Economic, Social and Cultural Rights (CESCR), in

September and November respectively, which both expressed concerns6 about the situation of human rights defenders and organisations . Restrictions on freedoms of association and peaceful assembly in the north of the country In 2010-2011, freedom of association continued to face serious restric- tions, especially in the northern areas of Sri Lanka. On the one hand, while for years, the Tamil Tigers and the Government restricted access to those areas under Tiger control, the Government relaxed some security checkpoints after the end of the civil war. But restrictions remained in place for independent journalists and NGOs, although some were given limited access to the war-affected population in the north by prior permission from the Ministry of Defence. In particular, on July 15, 2010, the Government’s Non-Governmental Organisations (NGO) Secretariat issued a circular numbered NGO/03/16 setting up a new procedure for granting approval for all NGO movements – including their staff and international organi- sations – implementing projects in the northern province, which required heads of all the NGOs operating projects in the province to register all their officials with the Presidential Task Force (PTF), which is headed by

5 / In particular, State media workers and union leaders who called for State media institutions to abide by the election commissioners media guidelines and the Supreme Court decision in this regard, had their employment terminated and received serious threats and harassment and were attacked as Sinhala terrorists in the State media. See unpublished list produced by LST. 6 / The CRC expressed “serious concern at the reported growing pattern of intimidation of non- governmental organisations, including threats, harassment, physical attacks and arrests and about restrictions placed on their work”, while the CESCR expressed “serious concern about widespread threats, attacks, defamation campaigns and various forms of stigmatisation against human rights defenders (...) as well as about serious restrictions of their activities”, and urged the Government of Sri Lanka to “take the necessary action to end the ongoing harassment and persecution of human rights defenders and ensure that those responsible for the threats and attacks are duly prosecuted and punished”. See CRC, Concluding Observations: Sri Lanka, UN Document CRC/C/LKA/CO/3-4, October 19, 2010 and CESCR, Concluding Observations: Sri Lanka, UN Document E/C.12/LKA/CO/2-4, December 9, 2010 . In addition, the Committee on the Elimination of Discrimination Against Women (CEDAW) reviewed the periodic reports of Sri Lanka on January 26, 2011. See CEDAW, Concluding Observations: Sri Lanka, UN Document 372 CEDAW/C/LKA/CO/7, February 4, 2011. December 23, 2010. 9 8 to SriLanka’s 2010. 11, north,August 7 involved was who priest a threatened and questioned army the on, Later police. the with details other and names their register to asked were event were participate to came the in away.go who to participating on told and insisted who threatened Those people The army. the and police the by war, the in surrounded was killed those remember to held being was event event. the inter-religious cancel an to where Jaffna, him in area Temple Nallur asked 2010,17, and May On office his visited also officers army war. the in killed Senior civilians commemorate to Jaffna in organised had he event religious a cancel to him asking calls threatening several received reasons, security for disclosed not is name Jaffna,whose in priest Catholic remember to Forthreatened. were instance, a north organisers and war the the during killed those in planned events 2010, several May in cancelled instance, military For the 2010-2011. in forces security by occasions war the tions after viola rights human on a workshop conduct to (HHR) Rights Human for auditorium by Home Library Public Jaffna the to use permission cancelled Patkunam, Ms. Jaffna, Yogeswary of the Mayor 2010, 18, December On military. the inviting without organised be should events no that Mannar of Vavuniya in by army and the by Government the verbally and in writing instructed were NGOs and communities organisations church 2010,of various October In activities empowerment and building capacity selling, coun for rejected was permission while activities, generating income start and infrastructure and houses build to only granted was permission area, Vanniof some villages resettled in launch assistance of to need in people NGOs assist to some projects to permission granted PTF the although Defence of Ministry the from approval pending north, the to access denied overnight almost were north the in working agencies all the 2010, to June of Ministry.week the from last the In approval region,access pending denied were NGOs several consequence, a Ministry As the Defence. to of Services Social of Ministry civilian the from transferred was Secretariat NGO the 2010, June in addition, In approval. province further for northern the in NGOs by out carried movements material and on human all information to provide heads NGO requested also procedure the President’s Mr.brother Rajapakse,Basil effect. with immediate new The

/

/ / /

The right to freedom of peaceful assembly was also curtailed on several several on curtailed also was assembly peaceful of freedom to right The See Integrated Regional Information Networks (IRIN) Report, See Groundviews Article, May 26, 2010.

See Exile Network for Media and Human Rights in Sri Lanka (NfR Sri Lanka) Press Release, Release, Press Lanka) Sri (NfR Lanka Sri in Rights Human and Media for Network Exile See 9 . Analysis: NGOs question tighter access 7 annual report report annual . Furthermore, 2011 8 - - .

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10 in the organisation of the event . On May 27, 2010, internally displaced persons who were protesting during a visit by two Government Ministers, Messrs. Basil Rajapakse and Rishard Bathurdeen, about the takeover of their land by the navy in Silavathuri town, Mannar district, were subjected

to harassment as five of them11 were arrested and detained until their release without charges on May 29 . Serious reprisals against human rights defenders seeking accountability for human rights violations Despite the formal end of the civil war in May 2009, the Government continued to maintain a strict blockade on the release of information regarding the human rights situation in Sri Lanka to the international community, especially the human cost during the final phase of the war between December 2008 and May 2009. As a consequence, any attempt by local or foreign human rights defenders, including journalists, to uncover and report on the gross human rights abuses committed against Tamil civilians by governmental forces during this period as well as on continu- ing rights abuses, particularly on enforced disappearances and killing in the north, was met with intimidations and threats. As a result of these threats, many were forced into hiding or to leave Sri Lanka. Human rights defenders who documented and reported on human rights viola- tions, particularly in the north, were indeed systematically targeted and threatened by government intelligence agents and paramilitary groups,

all the more when they submitted information under the UN Human12 Rights Complaints Mechanisms and used the UN Special Procedures . For instance, in December 2010, a prominent human rights defender who worked closely with families of disappeared people in the north and helped document and submit complaints to the UN Working Group on Enforced and Involuntary Disappearances received threatening calls, was subjected to surveillance and questioning by intelligence agents. His office was also subjected to surveillance and he was questioned and asked to explain his work and funding sources to the local military or persons claiming to belong to Government intelligence. As a consequence he was compelled to flee the area. Another human rights defender in the north documenting human rights violations and who was involved in submitting complaints to the UN Working Group on Enforced and Involuntary Disappearances and other UN bodies, including to the UN Country Team, also received threat- ening phone calls and was questioned at Colombo airport in late 2010.

10 / See Groundviews Article, June 18, 2010. 11 / Confidential source whose name is withheld for fear or reprisals. 374 12 / Names are withheld for safety reasons. Committee of the Asian Forum for Human Rights and Development Development and Rights Human for Forum Asian the of Committee from a mission, when their van was intercepted by van a from a white mission,intercepted was van their when home way ontheir from CTF members staff other with together travelling then was Mr. province. Razeek central north the in Polonnaruwa, in last seen was he when 2010, 11, February on disappeared (FORUM-ASIA), (CTF) Fund Trust media foreign with information share to not told were and photographed, were notes, taking 2010, were when they September were questioned, to surveillance subjected in north in district another in hearings monitor to went who NGO an of 2010, in January north the next day.got phone call a threatening on members Staff hearing a at injured and disappeared, killed, those about statistics the inquiry into allegations ofcorruptionthe inquiryinto allegations was completed. frommanagement June 16, comprised of one senior military officer and twogovernment officials, until 17 of hisfather. body the Mr.tentativelyidentified of Razeek son Mr. The of Razeek.disappearance the of case the in Uddamaveli, Valaichchenai province, based on the information provided by one of the arrested suspects Mr.Razeek’s Kavathamunai,Julyin of disappearance. morning exhumedthe body On 2011,police a 28, 16 anddisappearances.abductions 15 protection. and documentation rights human in involved been also has It areas. affected disaster and conflict in 14 13 pending remained inquiry the 2011, April of As Bathiudeen. Minister by petition a on based pearance, Mr. after shortly Razeek’s started CTF disap against of corruption gations criminal was into the ongoing case investigation the and disappeared remained Razeek Mr.Pattani 2011, April of As Bathiudeen. Mr.Rishad Commerce, and Industry of Minister of the acquaintance close his to take connected to is Nowshaadh failure against Mr. the action that believes family Razeek’s Mr. disappearance. his following number, mobile Mr.Razeek’s on family Mr.Razeek’s to made calls Mr. ransom linking several to evidence employee,Nowshaadh despite CTF former a Nowshaadh, Mr. Shahabdeen disappearance, Mr. Razeek’s in suspect main the question and to apprehend no attempt made police the Lanka. Yet,year, a Sri over well of for as Commission Rights Human Puttalam the with in as authorities police local the with complaint a lodged threats and intimidation. and threats

/ / / / / Human rights defenders observing the proceeding of LLRC also faced faced also LLRC of proceeding the observing defenders rights Human Still worse, Mr.worse, Still

On June 9, 2011, CTF received a copy of a fax by the Defence Ministry an appointing interim board of Name ofNGOandstaffmemberswithheld for fear ofreprisals. The CTF is a NGO based in Puttalam that provides emergency relief and rehabilitation, in particular In July 2011, two suspects were arrested by the Colombo Crimes Division, for alleged involvement in In Sri Lanka,Sri In “white vans” have knownbeen preferredtothe be vehicles groupsof responsible for Pattani Razeek Pattani 13 14 . in Puttalam city and a member of the Executive Executive the of member a and city Puttalam in

For instance, one religious leader who presented presented who leader religious one instance, For 17 . Moreover, the murder of Mr. of murder the Moreover,. , Managing Trustee of the Community Community the of Trustee ,Managing 16 . Furthermore, into alle an inquiry annual report report annual 15 . family His Lasantha Lasantha 2011 - - 375

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Wikrematunge, Editor18 of the Sunday Leader, in January 2009, also remained unsolved . As a consequence, failure to investigate those cases of assassination and disappearance led to a loss of faith in institutional mechanisms and further generated an environment of fear and silence.

International NGOs were similarly subjected to reprisals. For instance,19 senior staff members of Nonviolent Peaceforce Sri Lanka (NPSL) , including its country Director, Ms. Tiffany Eastham, and Human Rights Defenders Project Coordinator Mr. Ali Palh, had their visas cancelled by the authorities and were compelled to leave Sri Lanka at short notice on July 8. No reasons were given for the sudden decision to terminate their visas, which were valid until September 2010. In August 2010, the Sri Lanka’s Chief of Immigration also terminated the visa of Ms. Elizabeth Ogaya, who is the Project Coordinator of the Human Rights Defenders Protection Programme (HRDPP) and affiliated with NPSL. Ms. Ogaya was given until August 30, 2010 to leave the country. In September 2010, the application for a visa extension filed by Mr.Daniel Hogan, an American national who is the Security Coordinating Officer in Vavuniya and Batticaloa of NPSL, was in turn rejected by the Sri Lankan

Secretariat dealing with NGOs. Mr. Daniel20 Hogan was ordered to leave the country before the end of September . On May 8, 2010, Ms. Fiona Partol, Resident Advisor of “Internews”, an international NGO that fosters independent media and access to information worldwide, was blocked by Sri Lanka Defence Ministry from entering Jaffna to participate in a five- day training course for local media persons. Slandering campaigns against human rights defenders and NGOs In 2010-2011, members of the Government and government-controlled media continued to defame civil society organisations and accuse human rights defenders of acting against the country. The latter were also often labelled as “terrorists”. For instance, in late 2010 and early 2011, local newspapers ran a series of articles on human rights defenders in the north who had participated in a training on submitting complaints to UN human rights mechanisms. On October 3, 2010 and January 15, 2011,

18 / Mr. Wickrematunge had been several times the target of intimidation attempts and lawsuits due to his investigative reporting on corruption and nepotism in the Government and in society in general, and the impunity that accompanies them. Mr. Wickrematunge was also a critic of the war and advocated a negotiated political solution to the conflict. 19 / NPSL is an international NGO that provided protection and assistance to victims of abuses and those facing threats, including human rights defenders. NPSL also helped civilians liaison with local authorities and also organised trainings on the UN system in the north and east. 20 / See Media Freedom in Sri Lanka (MFSL) Note, July 8, 2010 and Sri Lanka Advocacy Group, Briefing 376 Note on the Human Rights Situation in Sri Lanka, March 2011. against the Government and disclosed details about the relocation of of relocation the about details disclosed and Government the against 21 of resources marine rich the conserving and protecting in involved been actively has that Lagoon, to Negombo the Protect the an organisation Alliance of leaders both and Union, People’s Fisher Lagoon Negombo the of Fishermen’s Tradeand Union, Messrs. 2010, killing. extrajudicial including harassment, and threats rights environmental of defenders of assassination and harassment Judicial leader”. its and country this can I betrays who anyone task to take traitors. will future,the in people you that […] tell against acting and seriously duty patriotic their taking are saying to as quoted was 11, Gunaratne December Kumara On Sarath Minister country”. the Deputy 2010, against campaigns publicity out carry paper Sinhalese cooperating ForUN mechanisms. with example,of 20,on June 2010, State-controlled the fearful defenders rights human made also politicians and Ministers Government by statements inflammatory “anti-patriotic”, and sympathisers” as “terrorist labelled regularly were community international offices. NPSL controlled forces government- the 15,2011, January security Moreover,on agents. by intelligence and intimidation and threats suffered participants several defenders 2011, 2, international January to on the published article allegations an In false organisations. rights human submitting and of spies accused were foreign who being defenders rights human thirteen of cases the into newspaper the 2010, 22, Island Sunday October On Government. the against of NPSL, acting the and (LST) Trust Society and Law NGOs, organising the the as saying “some of these NGO representatives go to foreign countries and and countries foreign to go representatives NGO these of “some saying as reported was President the 15,2010, July On Lanka. Sri in crimes war of allegations regarding UN the provoke to NGOs international with rating / Defenders Defenders of environmental rights were also subjected to pressure through and UN the with information sharing and cooperating those While LakbimaNews Names are notmentionedfor safety reasons. Divayina Irida Divayina Irida 21 . Following the above-mentioned articles in the newspapers, newspapers, the in articles above-mentioned the Following . Dinamina newspaper published articles about this training and accused accused and training this about articles published newspaper reported that the military intelligence services were looking looking were services intelligence military the that reported Aruna Roshantha Aruna Silumina : “I am happy that even ordinary people of this country country this of people ordinary even that happy am “I : disclosed the names of the participating human rights rights human participating the of names the disclosed newspaper accused the NPSL of secretly acting acting secretly of NPSL the accused newspaper accused a group of exiled journalists of collabo of journalists exiled of group a accused Marcus Anthony Fernando Anthony Marcus , a leader of the Sri Lanka All Island Island All Lanka Sri the of leader a ,

On November 27, November On annual report report annual , Chairperson ,Chairperson 2011 - 377

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22 the Negombo lagoon in Gampaha district , distributed pamphlets in Negombo town, along with a group of around sixty persons, explaining the adverse environmental consequences of a sea plane project. Police offic- ers were present and observed the distribution of the leaflets. The police themselves handed out several leaflets, although the leaders realised this was a ploy by the police to take away some of the leaflets in the guise of distributing them. The following day, Mr. Roshanta and Mr. Fernando were summoned to the Negombo police headquarters and arrested after being told that they had committed an offense under Section 150 of the Criminal Code, that they had conspired against the Government of Sri Lanka and were trying for inciting people to overthrow the Government. They were subsequently released in the evening without charges. Mr. Aruna Roshantha had already been arrested on November 21, 2009 by officers of the Negombo police for his activities against illegal fishing in the Negombo lagoon. He was released on bail on November 26, 2009 and as of April 2011, his case was still pending before the Negombo Magistrate Court. On December 31, 2010, Mr. Ketheeswaran Thevarajah, an activist who had campaigned against environmental damage due to sand excavation in Jaffna, was killed by armed men who entered the house where he was staying that night. The men reportedly asked him to open his profile page on Facebook before shooting him at point blank range. Mr. Thevarajah had posted photographs on his Facebook account on the environmental damage caused by illegal sand excavation in his village by politically power-

ful persons. He had also provided reports to Jaffna media23 on the same issue. As of April 2011, no investigation had been carried out . Harassment of human rights defenders fighting corruption Human rights defenders denouncing acts of corruption continued to suffer serious consequences for their work. For example, Mr. J. C. Weliamuna, Executive Director of Transparency International – Sri Lanka (TISL), an organisation involved in revealing the misuse of public

resources24 in the context of the Sri Lankan presidential elections of January 26, 2010 , was the target of a string of defamation articles published in local Sinhalese and English printed media containing false information about the misuse of TISL’s funds. The articles also portrayed TISL in the framework of a wider campaign carried out by the Government against

22 / The two individuals were involved in a campaign against the sea plane project initiated by the Government, as this project is seen as harmful to the biodiversity of the Negombo lagoon and would adversely affect the livelihoods of fishermen dependent on the lagoon. 23 / See NfR Sri Lanka Press Release, January 3, 2011. 24 / As part of his work with TISL, Mr. Weliamuna is involved in a public campaign against corruption as well as in advocacy efforts related to the implementation of the 17th amendment to the Constitution, 378 which is aimed at establishing independent institutions on human rights, police, bribery and corruption. Mr. 8, 2011, On February assailants. the arrest to failed area. police residents the The in to risks health potential posing and Weliriya the in out carried for working Dr. services. by intelligence produced Lankan Sri allegedly the was list The opposition. the of supportive nalists jour and defenders Mr.rights human 35 of a list heading Weliamuna was 25 ensued arrests him police, no assaulted Kathankudi the and with lodged was residence, complaint a severely. Though Rahumathulla’s Mr. at located is which office, newspaper’s the into broke clubs, and swords with men, armed fied 1, 2009,unidenti April years.On areas, the over threats many to Batticaloa subjected and was Kathankudi dominated Muslim the on in reporting corruption been has which newspaper, The out. carried been had tion investiga no 2011, April of rods.As iron with assaulted was and at face his thrown powder chilly had region, eastern the in newspaper provincial in On the of evening August 18,published 2010, Mr.article the by made allegations the gate the of concerns Web expressing Lanka Sri of President the to Mr. himself. for Despite Weliamuna’s publicity get to order in letter attack the this for Mr. that responsible residence, was 2010 Weliamuna in argued his Government in at thrown were attack an grenades two when 2008, sustained September Weliamuna Mr. while Moreover, party. the by ruling resources public of misuse and laws election of violations alleging January,and in December campaign election presidential the during issued TISL reports with connection in charges, fabricated on Mr. Weliamuna detain and arrest to move a also was list. Reportedly, there the on also was (CPA), Alternatives Policy for Centre the NGO the of Director Executive in published article an 2010, 3, March necessary. On is it whenever them against action proper take to amended be will organisations these with Act dealing the that announcing and country NGOs,and national international to the them accusing destabilise of trying an illegal coconut husk charcoal manufacturing operation that was being being was that operation manufacturing charcoal husk coconut illegal an – “Belumgala” programme radio his on – exposing after area, Weliweriya / See NfRSriLanka Press Release, February 10, 2011. list, no action was taken to provide protection to him or to investi to or him to protection provide to taken was action no list, M.I Rahumathulla M.I Neth FM Neth 25 . , was attacked in his hometown, Embaraluwa south, Embaraluwa hometown, his in , attacked was , Editor of the newspaper newspaper the , of Editor Mahasen Rupasinghe Mahasen Paikiasothy Saravanamuttu Paikiasothy Lanka News Web News Lanka Vaara Ureikal Lanka News Web News Lanka annual report report annual Lanka News News Lanka , a journalist stated that that stated , only the 2011 - - - - , .

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Urgent Interventions issued by The Observatory from January 2010 to April 2011 Names Violations / Follow-up Reference Date of Issuance Mr. Pattani Razeek Enforced disappearance Urgent Appeal LKA February 18, 2010 001/0210/OBS 021 Urgent Appeal LKA February 10, 2011 001/0210/OBS 021.1 Messrs. J. C. Weliamuna and Defamation campaign / Urgent Appeal LKA March 11, 2010 Paikiasothy Saravanamuttu / Fear of arrest 002/0310/OBS 035 Transparency International Sri Lanka Messrs. Aruna Roshantha and Arrest / Release Urgent Appeal LKA December 9, 2010 Marcus Anthony Fernando 003/1210/OBS 145

380 after thestate ofemergency was lifted, inFebruary 2011. arrest, detention, property seizure and asset freeze, as well as the closing of websites. It was dissolved order to able was and prosecutions from immunity broad enjoyed CRES police. the and army the of Among its members were the Deputy Prime Minister and several cabinet ministers, as well as the chief 1 and gathering information of one is continually, operates which ISA, the of (ISOC). stage A first Command Operations body, Security Internal the directive effectively dominated of a military guise in the which influence 2011, military 8, legitimises February on (ISA) Act Security Internal the by replaced Yet,was 2010. 21, it December on completely abolished and 2010,of half second the throughout country the of parts different in lifted to order in gradually was deployed emergency of was state The demonstrations. the army on down the crack when 2010, 19, May on end an brought to were demonstrations protracted The violence. the of the in aftermath difficult justice securing made also measures These citizens. of Thai liberties and rights the restrict otherwise and censorship impose detention sites, unofficial use detained, those about information deny charge, without detain interrogate, arbitrarily to powers wide-ranging authorities the gave (2005) Situation Emergency in Administration on Public Decree unrest political man resolve was peacefully which to (CRES), dated Situations Emergency of Resolution the Centre the for up set and 7 April on emergency of state a declared Vejjajiva and Parliament MPsforced to flee.the In response, Abhisit of Prime Minister the Government stormed protesters the 2010, 7, April On elections. early and Government sitting the of resignation the demanded peaceful, in initially were started which protests, 2010.The May movement, until continued Shirt” and March “Red against so-called the Democracy (UDD), for Front Dictatorship United the by led protests Government context Political violations. rights human ing for document journalist, and a of blogger case the in and, assemblies peaceful in part taking when harassment Besides, to judicial subjected to be continued defenders rights human assassinations. and disappearances enforced including defenders, rights defenders rights human of report protection annual the for observatory THA /

The year 2010 proved to be politically turbulent for Thailand. Anti- Thailand. for turbulent politically be to proved 2010 year The human against committed violations for rule the remained impunity 2010-2011, In CRES was an ad hoc, unelected body, vested with broad powers under the emergency regulations. regulations. emergency the under powers broad body,unelectedvestedwith hoc, ad an was CRES 2011 I LAND 1 . In addition, the Emergency Emergency the addition, In . - - 381

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surveillance of the population, while a second stage, triggered by a Cabinet declaration, authorises control over declared areas and grants ISOC broad

emergency powers that pose serious risks to fundamental human2 rights, while few legal safeguards exist to limit the use of such powers .

The UN High Commissioner for Human Rights urged the Government to conduct an independent investigation of the events of April and May

2010 and 3to hold to account all those found responsible for human rights violations . In July 2010, the Government appointed a fact-finding mis- sions commission, now known as the Truth for Reconciliation Commission of Thailand (TRCT), which established that during the clashes between

the protesters and Government forces and the4 subsequent crackdown, 92 persons were killed and over 1,885 injured . Its mandate is generally limited to fact-finding and it is not entitled to initiate investigations or prosecutions. Although the Commission has among its members promi- nent human rights activists, the UDD is not represented at all. Lastly, there was little or no substantive cooperation from the authorities, in particular the military, to facilitate the work of the Commission, as the enforcement

of the emergency5 measures remains shrouded in an almost complete lack of transparency . Moreover, as of April 1, 2011, 35 red-shirts protesters had been convicted under various criminal charges, including “terrorism”,

“violence against the Government”6 and “coercing the Government”, and 133 were still in detention . The only evidence against many of those arrested is their appearance in photographs of protesters.

The situation in the three southern border provinces of Thailand also continued to deteriorate. In January 2011, the total number of deaths arising from the conflict reached 4,122. Military operations involved many human rights violations and in the seven years of insurrection only mili- tary courts have handed down reprimands to military personnel, ordered short term confinement to barracks, or inflicted fines of a few hundred baht (about two to six euros). It appears that the civilian Government has abdicated all responsibility in the area, allowing the military broad

2 / The ISA was extended three times and was not lifted until May 24, 2011. See Union for Civil Liberty (UCL). 3 / See Human Rights Council, Statement of the UN High Commissioner for Human Rights at the opening of the 14th regular session of the Human Rights Council, May 31, 2010. 4 / See TRCT, Interim Report (July 17, 2010 - January 16, 2011), April 2011. 5 / In its April Report, the Commission lists the major obstacles which have caused its investigation to falter: 1. TRCT has no power to subpoena witnesses or evidence; 2. Lack of witness-protection; 3. Credibility obstructed by the fact that TRCT was established by the Government. See TRCT Interim Report, April 2011. 382 6 / See People’s Information Center. and the CRES, the Government also continued to apply the Computer Computer of Act charge the and of 2007 Crimes the apply to continued also Government the CRES, the and powers emergency to resorting from Apart publications. online and tions sta radio community blogs,stations, webpages, TV or websites 43,000 to up down shut agencies Government other and CRES 2010,the of the course During stations. radio community on heavily relied movement Shirt Red the since measures, emergency the under targeted greatly were tions, communica satellite and Internet media, new and including broadcast the freedom, of latitude certain a enjoyed media print mainstream the While were in force. regulations the emergency months the eight during Thailand this formally declared. have to proceedings judicial began and 2008 in mudslide a since missing been had he that reported Ngern’sPoliceMajor2010,family September in read be to was verdict appeal the beforeday Yet,one sentenced to three years in prison in January 2006. He appealed the decision and remained out on bail. and convicted was Thongsuk, Ngern Major Police five, the of out one only and recovered,never was 9 of such cases. As of April 2011, five cases major involving legal majesté lèse were in progress. See UCL. in the press. Trials may also be carried out in closed court so that it is difficult to have precise numbers majesté lèse majesté CommunicationInformationand of Ministry TechnologyThe of imprisonment. charge of alsousesthe Individuals who insult, defame or threaten the Thai royal family can be sentenced to up to fifteen years 8 7 three to sentenced been had who Thongsuk, Ngern Major Police ants, was five defend of of the one absence to the due occasions on three in postponed Road Ratchadaphisek in Court Criminal the at verdict Neelaphaijit Mr. lawyer rights human of 2004 12, March on disappearance defenders rights human against committed violations serious for Impunity widespread. increasingly became self-censorship and media opposition the silence and voices authorities Thai the from resistance with met have South, the for autonomy of options possible other or zone administrative special a establish to proposals violence, and of incidents ongoing of light in tions negotia peaceful initiate to steps substantive few taken has The Government continued. insurgents the by villagers Buddhist and teachers school officials, Government on attacks violent Meanwhile, situation. the bates exacer further that repression of policy a continue to power discretionary

/ / / / Even after seven years, no one has yet been held accountable for the the for accountable held been yet has one no years, seven after Even in backlash serious a suffered expression and opinion of Freedom

See UCL.

Five police officers Fivepolice were prosecuted only for relatively Mr. of crimesbody minor since the Somchai Thailand is one of the few remaining countries in the world to prosecute crimes of of crimes prosecute to world the in countries remaining few the of one is Thailand are brought under Article 112 of the Criminal Code throughout Thailand, and are rarely reported to block or remove websites discussing critical issues relating to the monarchy. Cases of 9 . Since September 2010, the reading of the Appeal Court Court Appeal the of reading the 2010, September Since . 8 . This also had a chilling effect on the the on effect chilling a had also .This lèse majesté lèse to crack down on critical on down critical to crack

7 . annual report report annual lèse majesté lèse Somchai Somchai 2011 lèse - - - - - . 383

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years in prison in a first trial in January 2006. On February 7, 2011, when the reading of the verdict was once again postponed, the Court issued

an arrest warrant10 for Police Major Ngern Thongsuk to compel him to appear in court . The verdict of the Appeal Court was read on March 11, 2011, on the eve of the seventh anniversary of Mr. Somchai’s disappear- ance. The Criminal Court of Bangkok first ruled that Mr. Somchai’s wife and children could not be considered as joint plaintiffs and could not act legally on behalf of the “injured person or dead person” under the provi- sions of the Criminal Procedure Code (CPC). Furthermore, the Appeal Court also ruled that for Police Major Sinchai Nimpunyakampong, Police Sergeant Major Chaiweng Paduang and Police Sergeant Rundorn Sithiket, there was not enough evidence that could link them or involve them in the incident because the eyewitnesses could not identify the defendants. The Court also ruled that Police Lieutenant Colonel Chadchai Liamsanguan was not present at the place where the incident happened. The earlier conviction of Police Major Ngern Thongsuk was overturned: he had been identified by a witness as the one who dragged Mr. Somchai from his car, but the Court decided that the identification was doubtful. Additionally, the wife of Mr. Somchai, Ms. , and the rest of his family have continued to experience acts of intimidation and harassment since the start of their quest to secure accountability in the case, including threatening phone messages.

Likewise, as of April 2011, there had been no progress in the investi- gation into the assassinations of Ms. Laila Paaitae Daoh, a prominent rights activist and peace advocate who was killed on March 12, 2009 in Krongpenang district, Yala province, and Mr. Praseth Rakpao, former member of the Provincial Council of Rayong and a lawyer, who was shot in his car on October 6, 2009. Mr. Praseth Rakpao was the leader of villagers protesting against a large investment treatment plant which runs counter to environmental protection laws. Moreover, an investiga- tion was still in process into the assault, on November 27, 2009, against Mr. Sittichai Phetpong, Vice-President of the Association for the Protection of Maritime Resources who worked for the socially disadvan- taged, as well as for the preservation of natural resources. In particular, the police have accused a hired gunman of the attack on Mr. Sittichai. In the past, Mr. Sittichai had received threats from those whose continued exploitations of natural resources who have been curtailed by his initiatives against destructive environmental practices.

10 / Under Article 182 of the Criminal Procedural Code, the Court could only proceed in reading the verdict 384 without the presence of the defendant, one month from the issuance of the warrant. Polpetch The ten defenders are Mr. are defenders ten bail. The on released subsequently and They 2010, 2007. 30, 23, December on December of arrested were election general the in before Thailand days in 2006 final liberties the the civil affecting after bills eight of military total the a by pass to coup, installed was which (NLA), Assembly 12,Legislative National the by December attempts the on against protest Bangkok to order in in 2007, House Parliament the at NGOs coali a of by tion organised demonstration peaceful a in participation their for defenders rights human ten against 2010 in resumed proceedings judicial particular, In assemblies. peaceful in part taking when harassment judicial sections could leadsections to imprisonment ofupto seven years andfive years, respectively. those property. under Convictions the own who those of possession peaceful the disturb to property a into enter to and persons, other restrict or detain disorder,to public or harm cause to intention an 12 speakers withoutpermission” (LawonRestricting Loudspeaker 1950). Advertising, others” (Section 309 § 2), “collaborating to detain or restrict other persons” (Section 310) and “using loud of safety livesand threatenthe to another or form one in violence to others incite to persons more or (Section 215),when ordered “failing to todisperse by the police” (Section 216), “collaborating with five forceand using with gathering ten or more or persons toto damage cause give torise public disorder” together to intrude forcefully or to cause harm” (Sections 362 and 365 (1) (2) of the Criminal Code), “illegal 11 Mr. 10, 2012.Similarly, April and 21 February between days 24 over hearings 48 at place take to scheduled now is trial the incomplete, was evidence of assembly Yet,the witnesses. as of presentation the for 2011 28, February penalties Criminal the heavier of carry 215(3) which Code, Section and 116 Section under ones additional against brought charges initial the to them. addition In charges the denied all have They Democracy. Popular Mr. and Thailand, Chaosanit Mr. Palamee Ongsomwang narong Ms. Union, Labour Enterprise State of Confederation Mr. Thailand, of Authority Generating Mr. Mr. (NGO-COD), Development on Committee Coordinating assemblies peaceful in part taking defenders rights human of criminalisation Ongoing / / In 2010-2011, human rights defenders continued to be subjected to to subjected be to continued defenders rights human 2010-2011, In

They were charged with “trespass by using force or joining with more than two persons associating

Sections 116 and 215.3 of the Criminal Code apply to acts of or incitement of violence or unrest with Nutzer YeehamaNutzer Sunthorn Boonyod Sunthorn Sirichai Mai-ngarm Sirichai , Secretary General of the Media Reform Campaign, Ms. Campaign, Reform Media the of General Secretary , , leader of the Confederation of State Enterprise Labour Union, Labour Enterprise State of Confederation the of ,leader , Secretary General of the Union for Civil Liberty (UCL), (UCL), Liberty Civil for Union the of General Secretary , , member of the Council of People’s Organisations Network in in Network People’s Organisations of Council the of ,member , Chairperson of the Consumers’ Association, Mr. Association, Consumers’ the of Chairperson , Pichit Chaimongkol Pichit , a member of the NGO Friend of People, Mr. , Ms. , member of the Labour Union of Electricity Electricity of Union Labour the of member , Jon Boonrod Saiwong Boonrod 12 . The Criminal Court originally set set originally Court Criminal . The 11 , the Public Prosecutor added two two added Prosecutor , Public the Sawit Kaewwan Sawit , member of the Campaign for for Campaign the of member , , Chairperson of the NGO NGO the of Chairperson , and Ms. Supinya Klang- Supinya Jitra Kotchadej Jitra , leader of the the of leader , annual report report annual

Amnat Amnat Anirut Anirut Pairoj Pairoj Saree Saree 2011 - , 385

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three leaders of Triumph International Labour (Thailand) Union, remained

prosecuted13 following their participation in a protest rally held on August 27, 2009 . In January 2010, they had been charged with “assembling more than ten persons to cause political disturbance”, under Articles 215 and 216 of the Criminal Code, as well as under Article 108 of the Highway Act. They were released soon after their arrest on bail of 100,000 baht each (about 2,257 euros). The first hearing in the case took place on March 28, 2011 with the review of the evidence. The next hearings are scheduled to take place from November 15 to 22, 2011 and will examine prosecution and defendant witnesses. Judicial harassment of a blogger and journalist who documents human rights violations In 2010, a blogger and journalist who documents human rights viola- tions faced judicial harassment. On September 24, 2010, Ms. Chiranuch Premchaiporn, Executive Director and webmaster of the online newspa- per and web discussion forum Prachatai, was arrested at Bangkok airport while returning from an international conference on Internet freedom in Budapest, Hungary, and charged with violating the Computer Crimes Act and Article 112 of the Criminal Code, which defines Thailand’s lèse majesté offences. Ms. Premchaiporn is an advocate for freedoms of expres- sion and the media, and is actively involved in the “Citizen Net” network, which monitors the state of . She stands accused of ten counts of violating the Computer Crimes Act of 2007 for not remov- ing quickly enough from the Prachatai web-forum comments posted by third-party users, which were later deemed defamatory to the Thai royal family. Although she was released on bail the following day after paying a 200,000 baht bail (about 4,514 euros), she had to report to the police on a monthly basis until March 25, 2011, when the request by the Prosecutor to have her bail conditions extended was rejected. Her trial on lèse majesté

charges started14 in February 2011 with the presentation of the prosecution’s witnesses . Strangely, the Presiding Judge found that she had another

urgent trial to attend to in the days already allotted to the Ms. Chiranuch’s15 trial, and resumption of the trial was postponed to September 2011 .

13 / On August 27, 2009, the peaceful assembly was violently dispersed by the police after a large number of the 1,959 workers dismissed by the Body Fashion Thailand Limited (a subsidiary of Triumph International) and their supporters protested at the Parliament in Bangkok. 14 / The lawyer for the defendant exposed that there were no clear criteria for the charge of lèse majesté; typically the prosecution witness asserted that he “believed” or was “of the opinion” that the matter of the comments was illegal, but could not point to any directive or example of what constituted illegality. 386 15 / See UCL. to April 2011 April to 2010 January from Observatory The by issued Interventions Urgent Ms. , Mai-ngarm Yeehama, M and PairojPolpetch, Ms. Amnat PalameeAmnat , and Klang-narong Supinya Mr. essrs. Saree Ongsomwang Saree Pichit Chaimongkol, Pichit Sittichai Phetpong Sittichai , Ungphakorn Jon Names Anirut Chaosanit Chaosanit Anirut , Kaewwan Sawit Sirichai Nutzer ssault / Assault Violations / Follow-up / Violations ngoing judicial Ongoing investigation harassment ack of effectiveof Lack Joint Open authorities Reference P L ress etter to the to etter R elease annual report report annual Date of Issuance of Date ctober 25, 201025, October January 19,January 2010

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In 2010-2011, human rights violations are said to have increased over the year under Viet Nam’s chairmanship of the Association of Southeast Asian Nations (ASEAN). It remained very difficult to carry out human rights activities in Viet Nam, with freedoms of expression, association and assembly being severely restricted. Independent human rights organisations continued to be prevented from operating openly and legally in Viet Nam and new legislation further limited freedom of the media. In this context, pro-democracy activists, journalists and bloggers denouncing human rights violations as well as lawyers taking on human rights related cases continued to face multiple forms of repression, including judicial harassment and criminalisation, as the authorities sought to silence any form of dissent.

Political context 2010 was largely marked in the run-up to the 11th Congress of the Communist Party of Viet Nam (CPV), which took place in January 2011. The CPV reappointed Prime Minister Nguyen Tan Dung for another term in the Politburo, consolidating the Prime Minister’s power for a second term. The Government further tightened its control on opposition voices and dissent, restricting freedoms of expression, association and assembly. In 2010, Viet Nam’s chairmanship of the Association of Southeast Asian Nations (ASEAN) and its new human rights mechanism, the ASEAN Intergovernmental Commission on Human Rights (AICHR), did not have any tangible positive effect on the domestic human rights situation. On the contrary, human rights violations are said to have increased during this period.

The CPV continued to tightly control the media, relentlessly clamping down on any form of dissent, using a diverse set of tools, including the judi- ciary system and technical means such as blocking websites and interfer- ing with the transmission of radio stations. Independent, privately-owned media is non-existent, and websites or blogs carrying opposition or criti- cal media content, were again exposed to harsh reprisals by Government agencies. The CPV also controls the courts at all levels, and the latter are therefore not able to operate independently and impartially. In this context, political trials against persons calling for democracy or discussing subjects deemed controversial by the Government, including licenses for bauxite mines and territorial disputes with China, were increasingly frequent, and 388 often based on trumped-up charges. Defence lawyers are considerably Sepulveda, visited VietNamfrom 23 2010. to 31, August the country from July 5 to 15, 2010, and the UN RapporteurSpecial on Extreme Poverty, Ms. Magdalena 3 for journalists whorefuse to disclose theirsources orpublisharticles underpseudonyms. Moreover,offence. an providesnewfinesDecreeas considered revealsthe secrets”is which“State or 2 Rights (VCHR). “destroyedhad CommitteeVietnam See blogs”. Human individual on and Internetbadwebpages 300 department his that Security, announced of Department General Security’sPublic of Ministry the of 1 Religion. of Freedom on and Executions Summary on Expression, of Freedom on Special the Rapporteurs as such controversial, more considered portfolios with those 2010 in holders mandate Procedures Special UN two by visits allowed Government the scrutiny.While rights bloggers and of journalists activities the regulate to 2011, 25, 2011, February 6, on force January into on entered and Minister Prime the by (Decree signed was decree Publishing) and media new Journalism in a Violations Administrative addition, for In Sanctions on No.2/ND-CP country. the of rest the extended to be will measure this that feared to is It activities. authorities on-line all enables track which software, monitoring a install to Hanoi in Internet to access public offers that place any of owners the obliges which No. Decision issued People’s 15/2010/QD-UBND, Hanoi the Committee news sources and critical opposition websites based outside the country Nam from Viet country originating the attacks cyber outside experienced based websites opposition critical foreign and to sources access news prevent to used widely were Firewalls down. blocked closed were or authorities the by sensitive” “politically deemed websites blogs and Critical detained. arbitrarily and tortured ill-treated, harassed, were critics On-line State”). the of interests the upon infringe to freedoms democratic (“abusing 258 Article and State”) the against propaganda (“conduct ing 88 Article (“subversion”), 79 the Article of as such provisions Code, worded Criminal vaguely to resorted increasingly Government The means. of variety a through targeted were democracy, and tolerance promoting leaders religious and activists democracy peaceful journalists, 11 the to circumstances. limited very rulings judges’ under the not challenge are only may they and that witnesses In propose clients. to allowed their of interests the defending in limited / / / Under this Decree, the publication of information “non-authorised”, “not in the interests of people”

Moreover, the country remained largely closed to international human human international to closed largely remained country the Moreover, run-up the in voices dissenting any silence to attempted authorities The

For instance, at a press conference in Hanoi in May 2010, Lt. General VuTrieu,GeneralHai DirectorLt. 2010, MayDeputy in Hanoipress conferencein a at instance,For The UN Independent Expert on Minority Issues, Ms. Gay McDougall, carried out an official visit to visit official an out carried McDougall, Gay Ms. Issues, Minority on Expert Independent UN The th Congress of the CPV. Indeed, in 2010 independent bloggers, bloggers, independent 2010 CPV.in Indeed, the of Congress 2 . 3 , it continued to remain closed to to closed remain to continued it , 1 . 26, April On 2010, annual report report annual 2011 -

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Serious restrictions on freedoms of association and of peaceful assembly In 2010-2011, it remained very difficult to carry out human rights activi- ties in Viet Nam, as fundamental freedoms, in particular of association and peaceful assembly, were still severely restricted.

Although freedom of association is formally recognised by Article 69 of the 1992 Constitution of Viet Nam, in practice, independent human rights organisations and trade unions are banned. Only State-sanctioned associa- tions are allowed to operate, such as the Viet Nam General Confederation of Labour, and NGOs are therefore forced into operating in exile, as for instance the Committee on Human Rights (VCHR), which is based in France. All associative activity is strictly controlled by the CPV and guided by the Viet Nam Fatherland Front (VFF), an umbrella of “mass organisations” that has a constitutional mandate to “strengthen the people’s unity of mind in political and spiritual matters”. Moreover, Decree 88 on the “Regulations on the Organisation, Operations and Management of Associations” (2003) restricts the activities of associations exclusively to “contributing to the country’s socio-economic development” and makes

no provisions for human4 rights activities or advocacy, neither by local nor international NGOs .

Similarly, although freedom of peaceful assembly is guaranteed by Article

69 of the Constitution, it is almost impossible to exercise this right and5 hold demonstrations for the promotion and respect of human rights . The police continued to use force in order to disband peaceful rallies, including peaceful demonstrations by farmers and peasants – known as

4 / Decree 88 defines six “socio-political” or “mass organisations”: the VFF, the Viet Nam Confederation of Labour, the Ho Chi Minh Communist Youth, the Viet Nam Peasants’ Association, the Viet Nam War Veterans Association and the Viet Nam Women’s Union, which are funded largely by the State and effectively serve as agencies of Government ministries. Defined as organisations with “political goals”, the role of mass organisations is to oversee the implementation of party policies at the grass-roots level. The Viet Nam Confederation of Labour, for example, has a constitutional mandate to “educate workers, employees and other labouring people to work well for national construction and defence”. See VCHR and FIDH report, From “Vision” to Facts: Human Rights in Vietnam under its Chairmanship of ASEAN, September 13, 2010. 5 / In order to stem public protests, the Government adopted Decree 38/2005/ND-CP, which prohibits demonstrations in front of State agencies and public buildings, and bans all protests deemed to “interfere with the activities” of CPV leaders and State organs. The “Directives for the Implementation of Decree 38” issued by the Ministry of Public Security in 2006 further prohibits gatherings of more than five 390 people without permission from the State. . South in environment development rights, the human and field of the in movementsactivesocial and 9 8 7 complaints andevensettle to receive them. to refuse often officials local that complain they but provinces, the in Offices” “Citizens’Complaints local petition routinely also farmers and Peasants compensation. of lack and projects development for lands of confiscation State protesting buildings Government outside camp and petitions file to 6 in court appeals an by years five 26, to April reduced On was arrest. sentence house jail of his 2011, years five by followed years imprisonment, eight of to sentenced and propaganda” anti-Government “spreading of convicted was he 2011, 26, January On 2010. 27, October on arrested Nam, was Viet in injustice and corruption on written extensively has who Forreprisals. to instance, jected Mr. freedoms fundamental for respect the for calling and violations denouncing defenders rights human against harassment Severe country. the outside or inside Nam,either Viet in situation rights human the on debate any towards authorities the of intolerance the illustrating thus 2011, 11, September on Club Correspondents’ Foreign the at Nam Viet on report rights human a launch to Thailand, Bangkok, of the VCHR respectively,to from travelling and Vice-President President Vietnamese the from Government, Mr.barred pressure Thailand under this, before Shortly 2010. 24-26, People’s ASEAN (APF) the Forum in ticipate par to organisers Government-controlled Vietnamese the by welcomed” were they “notthat were informed For representatives instance, FIDH two violence of act any in engaged not had but site, construction the at unloading from trucks prevent to south tried km had 200 villagers Hoa, Hanoi. The of Thanh of province the in project dollars a refinery, Oil six-billion Son Nghi the build to seized land their for compensation inadequate against protesting peacefully villagers on City fired 2010,police the Minh Chi Ho in Injustice” of “Victims of members hundred one about gathering demonstration a disrupted police the 2011, 21, February on Similarly,Laos. with border the An, near Nghe in Office Complaints provincial the with grievances their address to officials seeking when security by violently back pushed were Injustice” of “Victims of the “Victims of Injustice” of “Victims the

/ / / /

Human rights defenders denouncing violations continued to be sub be to continued violations denouncing defenders rights Human work.in their interferences faced also NGOs rights human International See VCHR.

The APF is a major civil society event bringing together several hundreds of civil society organisations Idem. In the framework of this rural protest movement, dispossessed farmers march to Hanoi or Saigon Saigon or Hanoi to march farmersdispossessed ruralprotestmovement, this framework of the In 6 . For instance, in April 2010, sixty members members sixty 2010, April in instance, For . Vo Van Ai Vi Duc Hoi Duc Vi and Ms. 9 in Hanoi, from September Hanoi,in September from , a pro-democracy activist activist , a pro-democracy Penelope Faulkner Penelope 7 annual report report annual . On May 26, May On . 8 . 2011 - - , 391

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10 northern Lang Son province, to be followed by three years’ house arrest . Moreover, following his temporary release for one year on medical grounds

in March 2010,11 Father Nguyen Van Ly, a Catholic priest and supporter of the Bloc 8406 manifesto, issued a series of reports detailing and denounc- ing torture in prisons, and it was feared that he may be returned to prison

to complete his sentence in March 2011. Yet, as of April 2011, he was still12 living in central Viet Nam, while remaining under constant surveillance . Other prominent human rights defenders detained under house arrest for denouncing human rights violations and calling for the respect for

fundamental freedoms include Buddhist monk Thich Quang13 Do, leader of the Unified Buddhist Church of Viet Nam (UBCV) , who is currently held at the Thanh Minh Zen Monastery in Ho Chi Minh City after spending more than 28 years in prison, house arrest and internal exile for his peaceful human rights advocacy. Among others, Thich Quang Do has issued numerous appeals for the rights of “Victims of Injustice”, denounced the dangers of bauxite mining in the Central Highlands and campaigned against the death penalty. He is deprived of his citizenship and his freedom of movement, and all his visits are monitored.

Independent journalists and bloggers documenting human rights viola- tions continued to face repression because of their activities. Although prominent blogger and human rights defender Mr. Nguyen Van Hai (Dieu Cay) should have been released from prison in October 2010, after having completed his prison term, as of April 2011, he remained detained under new charges of “propaganda against the State”. He had been sen-

tenced to two and a half years14 in prison on trumped-up charges of “tax evasion” in September 2008 . Furthermore, on January 20, 2011, at around 1 a.m., while Mr. Le Hoang Hung, a journalist who worked for Nguoi

10 / See VCHR. 11 / Bloc 8406 is a coalition of political parties and groups in Viet Nam that advocate for democratic reform. The Bloc is named after the “Manifesto on Freedom and Democracy for Viet Nam”, dated April 8, 2006, originally signed by 118 dissidents calling for a multi-party democratic State in Viet Nam. 12 / Father Ly had been originally arrested on February 19, 2007. He was sentenced on March 30, 2007 to eight years in prison. He suffered a stroke on November 14, 2009 and was subsequently transferred to Prison Hospital No. 198. His prison sentence was temporarily suspended for a year on March 15, 2010 on medical grounds and he was released from prison. See VCHR. 13 / The UBCV is a prohibited movement that peacefully promotes religious freedom, democracy and human rights. Banned effectively in 1981 following the creation of the State-sponsored Viet Nam Buddhist Church, UBCV leaders and members continued to be subjected to detention, intimidation and constant harassment. Despite repeated appeals from the international community, Viet Nam has not re-established its legal status. 14 / Dieu Cay, who is known for his articles calling for human rights and democratic reforms posted on Internet, has been unjustly accused of having failed for ten years to pay taxes on premises. Said taxes 392 should have been paid by the owner of the premises not Dieu Cay, who was only renting them. Highlands. Nam’s Viet Central in operations mining 2007,bauxite controversialNovember allowed in which 167 Decision signing for MinisterPrime the against lawsuit a initiatedJuly 2009,he In actors.private and consistently used the courts to seek justice for those whose rights have been violated by the Government 15 ganda against the Socialist Republic of Viet Nam” Viet of Republic the Socialist against “propa with ganda charged and arrested was lawyer, rights human prominent Mr. 2010, 5, November On activists. democracy and Viet in system political rights Nam human Viet several Nam. years, defended recent multi-party In also has he a and democratisation the activi for in ties engaging acknowledged he after overthrowing at administration”, people’s aimed the activities out “carrying of accused was he 2009, 13, June on Arrested prison. in years five to 20,2010 January on sentence his City,following Minh Chi Ho prison, Hoa Chi in detained remained Association, Bar City Minh Chi Ho the of Vice-President former the and 2011, Mr. April of end people’s administration”.the As of the “carrying at overthrowing aimed or activities out “subversion”, including Code, Criminal the under offences repre serious to with charged also were permissions lawyers these of them Some clients. certain grant sent to refused courts the cases, some In mandate. their withdrawing into pressured frequently were clients Their them were harassed, detained, disbarred, and from even evicted their homes. of Many activities. very their for face consequences to personal and professional harsh continued cases, related corruption on taking and activists, cases rights human on working lawyers of harassment Judicial way. under still be to said was by was killed issues.his over money wife As of 2011,April the investigation he that for reported of land. subsequently sued press appropriation State The is illegal An Long of province southern the in official local a which in case court a cover to due was he before evening the place took attack The recent most his disputes.land regarding of misconduct official alleged reports,one he investigated In years. ten nearly for the Delta affecting issues Southern on written had He attack, numbers. the unknown to from mobile his phone on Prior 30. messages text January threatening on several received had hospital Mr.Hung City Minh Chi Ho a in assault the by caused injuries severe the to succumbed he and body his of 20% around on burns fire.on him set and Mr. third-degree suffered Hung chemicals with in reporter the Tan doused An town,assailant unknown an Dong Lao the defence of pro-democracy activists, journalists, bloggers and religious religious and bloggers journalists, activists, pro-democracy of defence the

/ Lawyers taking on cases deemed sensitive by the authorities, including including authorities, the by sensitive deemed cases on taking Lawyers

Mr. Ha Vu is a peaceful defender of cultural, environmental and civil and political rights and has and rights political and civil and cultural,environmental of defender peaceful Mr. a Vu is Ha ( Worker ) newspaper, and his family were sleeping at his house house his at sleeping were family his and newspaper, ) Le Cong Dinh Cong Le , a prominent human rights lawyer lawyer rights human ,prominent a 15 . Two weeks earlier, .weeks Two Cu Huy Ha Vu Ha Huy Cu annual report report annual 2011 , a , - - -

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on October 21, 2010, Mr. Ha Vu had filed a lawsuit against the Prime Minister for signing Decree 136 in 2006, which prohibits class-action petitions. On April 4, 2011, following a trial during which he was denied his right to a fair and public hearing by a competent, independent and impartial tribunal, Mr. Cu Huy Ha Vu was sentenced by the Hanoi People’s Court to seven years of imprisonment and three years of house arrest.

Moreover, the practice in Viet Nam, the practice that persons serving their term – even when they are released – continue to be placed under house arrest, remains. For example, human rights lawyers and pro-democracy activists Le Thi Cong Nhan, a member of the Committee for Human Rights in Viet Nam and Spokeswoman for the Viet Nam Progression Party (VNPP), and Nguyen Van Dai, founder of the Committee for Human Rights in Viet Nam, who were arrested in March 2007 and sentenced on May 11,

2007 to four and five years in prison respectively for 16“conducting propa- ganda against the Socialist Republic of Viet Nam” , were released on March 6, 2010 and March 6, 2011 respectively, after completing their sentence. However, as they were also condemned to three and four years’ house arrest, they both remained under house arrest as of April 2011, deprived of the rights to travel and communicate freely. Urgent Interventions issued by The Observatory from January 2010 to April 2011 Names Violations / Follow-up Reference Date of Issuance Mr. Le Cong Dinh Sentencing / Judicial Joint Press Release January 20, 2010 harassment FIDH Obstacles to freedom of Press Release September 21, assembly 2010 Mr. Le Hoang Hung Assassination Joint Press Release February 3, 2011 Messrs. Cu Huy Ha Vu, Pham Sentencing / Arbitrary Joint Open Letter to April 7, 2011 Hong Son and Le Quoc Quan detention / Harassment the authorities

16 / In November 2007, the Hanoi Appeals Court decided to reduce their sentences to four and three 394 years’ imprisonment respectively, followed by four and three years’ house arrest.