- Country
- Thailand
- Initial Date
- Mar 31, 2021
- Event Description
45 protest guards from the We Volunteer group have gone to hear additional charges after being arrested by armed police before a protest on 6 March. Despite being released from detention by other protesters while under a police escort, they took the decision to walk to the nearest police station to turn themselves in and demonstrate that they were not trying to escape. The police have nevertheless charged them with resisting officials.
The latest charge hearing took place on 31 March at Phaholyothin Police Station. They had previously been charged for violating the Covid-19 control Emergency Decree, forming a criminal organization and forming a secret society), according to Matichon.
Pawinee Chumsri, a lawyer from Thai Lawyers for Human Rights (TLHR) said the WeVo members face different charges, ranging from resisting or fighting back against the authorities, possessing unauthorized military equipment (vests) to possessing unauthorized walkie talkies. The accused will have to report to the prosecutor on 9 April at 10.00.
Originally, 46 were arrested at the scene, including Piyarat Chongthep, the leader who has been in prison since March 9. They were arrested by an armed police SWAT team while they were at a nearby shopping mall, eating and waiting to attend the protest at the Criminal Court on 6 March.
According to their testimony to TLHR, they were rounded up by the police commandos, forced to lie on the ground, had guns pointed at their backs, had their hands tied with cables and had their belongings seized.
They were put into 3 different detention vehicles, 1 of which, containing 18 people, was able to make it to Border Patrol Police Region 1. The other 2 were intercepted by the protesters on Ratchadapisek Road. The cage padlocks on the second vehicle were broken and the WeVo members got out. Another 14 who were sitting in the third vehicle remained inside for 2 hours in total.
At 21.10, a lawyer from TLHR came to see the remaining WeVo members in the third vehicle and took them to Phaholyothin Police Station to present themselves out of fear of being charged with escaping. Those from the second vehicle later followed them to the station, 28 in total.
Pawinee said the charge of resisting the authorities was filed by the police despite the fact that they had voluntarily presented themselves at the police station, where the incident was recorded in the daily log. The charge reflects the abnormal reaction of the authorities to people who express their political views, resulting in unfair treatment right from the beginning of the judicial process.
“They were eating at the time. They were still eating and had not gone to the protest and had not caused any disorder. You may charge them with forming a secret society or whatever, but you still have no evidence to prosecute them. They had not done anything as has been claimed. I think it is an unfair prosecution,” said Pavinee.
The TLHR lawyer said the police should return to the principle where a person charged has committed an offence and the elements of the offence exist. The prosecution for political purposes against those who have different opinions cannot change their opinions. The discriminatory treatment that people receive will alienate them from the judicial system and the state’s system.
- Impact of Event
- 45
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Judicial Harassment
- Rights Concerned
- Offline
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Mar 30, 2021
- Event Description
Elements of the Philippine National Police conducted a search operation at the office of labor alliance Alyansa ng Manggagawa sa Engklabo (AMEN) in barangay Market Area, Santa Rosa, Laguna, March 30, and claimed to have found firearms and explosives.
According to police reports, joint elements from CIDG National Capital Region, CID Region 4A, PNP Regional Mobile Force Battalion 4A, RACU4A, and PNP Santa Rosa issued a search warrant for Marites Santos David. The report identified David as a member of AMEN, as well as labor federation Organized Labor Associations in Line Industries and Agriculture (OLALIA-KMU) and labor center Pagkakaisa ng Manggagawa sa Timog Katagalugan (PAMANTIK-KMU).
The report labeled David as a member of the revolutionary organization Revolutionay Council of Trade Unions (RCTU), one of the organizations comprising the National Democratic Front of the Philippines.
According to AMEN, there was no one in the office at the time of the raid. “The office has not been used for over a year, since the first declaration of a lockdown in Luzon,” the group said in a statement sent to Bulatlat.
Progressive labor groups quickly condemned the operation, citing it as the latest in a “series of attacks against labor leaders and organizations.”
In a statement, Kilusang Mayo Uno stressed that workers need “aid, vaccines, an emergency allowance, paid pandemic leave, and a comprehensive medical solution,” not “fake arrests and planted firearms.”
OLALIA-KMU also stressed that Marites David is not a terrorist. “Teacher Laly is a member of OLALIA-KMU’s education and research staff,” said the group. “That she is in possession of any firearm, much less an entire armory’s worth of it, is simply impossible.”
The PNP claimed to have retrieved at least five rifles, three pistols, nine explosives, 14 landmines, and other accessories. They asserted that the office was used as a “firearms depot” for “members who will join the armed group in red areas and those who will stage violent actions against government troops.”
PAMANTIK-KMU debunked such claims. “PAMANTIK-KMU and AMEN have stood side-by-side to defend the rights and welfare of workers in Southern Tagalog,” the group said.
They stated that based on the surrounding facts, “it becomes clear that the PNP and NTF-ELCAC are simply looking for targets to raid.”
- Impact of Event
- 2
- Gender of HRD
- Other (e.g. undefined, organisation, community), Woman
- Violation
- Judicial Harassment, Raid, Vilification
- Rights Concerned
- Right to healthy and safe environment, Right to protect reputation
- HRD
- Labour rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Mar 30, 2021
- Event Description
Vietnam’s communist regime has convicted four activists named Mr. Vu Tien Chi, Ms. Nguyen Thi Cam Thuy, Ms. Ngo Thi Ha Phuong, and Mr. Le Viet Hoa of “Making, storing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam” under Article 117 of the country’s Criminal Code for their online activities.
In two separated trials held in the Central Highlands province of Lam Dong and the central coastal province of Khanh Hoa on March 30, the four activists were sentenced to a combined total 31 years in prison and six years of probation. The People’s Court of Lam Dong gave Mr. Chi 10 years in prison followed by three years of probation while the People’s Court of Khanh Hoa sentenced Ms. Thuy to nine years in prison and three years of probation, Ms. Phuong- seven years and Mr. Hoa- five years in prison.
According to the indictment, from the beginning of 2018, Mr. Chi shared 338 articles and conducted 181 livestreams on his Facebook page with content distorting the regime’s policies and defaming senior communist leaders, including late President Ho Chi Minh, who founded the communist regime. These online posts are harmful for the regime and affected the people’s beliefs in the ruling Communist Party of Vietnam and its government, the trial panel of the People’s Court of Lam Dong concluded.
The People’s Court of Khanh Hoa province concluded that Ms. Thuy, a former school teacher fired for her political opinion, was responsible for 181 livestreams and many posts on her Facebook accounts “Nguyễn Cẩm Thúy” and “Cẩm Thúy Cô” to defame the regime. She was also accused of burning the red flags of the ruling party and the regime as well as cutting portraits of senior leaders, including the regime founder Ho Chi Minh.
On March 29, the Khanh Hoa newspaper, the mouthpiece of the province’s Party Committee reported that the province’s People’s Court will hold the first-instance hearing on March 30-31 to try Ms. Thuy and two others named Ngo Thi Phuong Ha and Le Viet Hoa, however, the state-controlled media has not reported their activities which can be used for their conviction.
The state-run newspapers also reported that Mr. Chi and Ms. Thuy know each other, having a joint plan to expand a network of people sharing the same thoughts to establish a political opposition.
Both Chi and Thuy were arrested on June 24 last year. There is no information about their pre-trial detention. It is unclear whether the four activists have their own lawyers during their trials or not.
They are among 51 activists being imprisoned on the charge of “conducting anti-state propaganda” under Article 117 of the Criminal Code 2015 (or Article 88 of the Penal Code 1999) which is condemned by the international community as an effective tool to silence government critics. President of the unregistered professional group Independent Journalists Association of Vietnam (IJAVN) PhD. Pham Chi Dung and his deputy Nguyen Tuong Thuy as well as world-recognized human rights defender and well-known political blogger Pham Doan Trang were also arrested on this charge. Mr. Dung and Mr. Thuy were sentenced to 15 years and 11 years in prison, respectively, in early January this year while Ms. Trang is still held incommunicado in pre-trial detention after her arrest on October 7 last year.
- Impact of Event
- 4
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Blogger/ Social Media Activist
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Pakistan
- Initial Date
- Mar 28, 2021
- Event Description
A local court in Karachi has directed the police to file a First Information Report (FIR) against the organizers of the Islamabad Women’s March.
The court’s order comes a day after a local Peshawar court ordered the registration of an FIR against the organizers of the march for allegedly making insulting posters with degrading words.
Karachi Additional District and Sessions Judge South passed the order on an application to the Station House Officer (SHO) City Courts Police Station against Advocate GM Arain under Section 22A of the Pakistan Penal Code against the SHO of the same police station, who allegedly refused to grant application for an FIR against the organizers of the Aurtat march.
Section 22A gives the courts the power to make orders under Justice for Peace and may order the filing of an FIR for failure to register a case.
Petitioner said he and other members of the Karachi Bar Association watched the march on a TV channel that was being broadcast from the federal capital.
He said that during the march, inappropriate words were used against religious saints and their spouses and provocative slogans were chanted.
The petitioner added that obscene and anti-Islamic slogans were raised during the march.
He said that the members of Karachi Bar Association had passed a resolution condemning such measures in the name of women’s emancipation and women’s rights by the organizers and participants.
A local court in Peshawar ordered the registration of a first information report (FIR) on Thursday against organisers of this year's Aurat March in Islamabad for allegedly making "derogatory remarks" against Prophet Muhammad (PBUH) and Hazrat Aisha and displaying "obscene posters".
Judge Syed Shaukatullah Shah passed the order on a petition filed by five lawyers — Ibrar Hussain, Israr Hussain, Kashif Ahmed Tarakai, Siyad Hussain, and Adnan Gohar.
The petition was filed under Section 22-A of the Code of Criminal Procedure, which empowers the court to act as 'Justice of Peace" and order the registration of an FIR against an offence in case of the police's failure to do so.
In their petition, the lawyers alleged that during the Aurat March 2021 which was held on March 8, "derogatory remarks were used in respect of Holy Prophet Hazrat Muhammad (PBUH) and Bibi Aisha beside display of un-Islamic and obscene posters on the instructions of organisers which hurt the feelings and sentiments of all Muslims including [them]."
They claimed they had watched the "derogatory and un-Islamic material" while they were on the court's premises in Peshawar and had later filed an application with the SHO East Cantt but he was "reluctant" to register an FIR.
The judge stated that the petitioner's arguments were heard and the record was examined. He directed the SHO East Cantt to "register FIR of the occurrence as reported by the petitioners under the relevant law".
Doctored videos Earlier this month, a video from the demonstration held in Karachi was doctored to falsely show participants raising blasphemous slogans and widely shared online.
The organisers of Aurat March clarified that the participants of the march did not raise such slogans and their video was edited to defame their struggle.
People also mistook flags of the Women Democratic Front (WDF) at the Islamabad March for the French Tricolour after which the organisers issued a clarification.
After protests in the capital calling for registration of FIRs against organisers and participants of the Aurat March, Minister for Religious Affairs Noorul Haq Qadri had said that "controversial material" shared on social media concerning the march was being investigated.
Aurat March has become an annual feature since 2018 and every year faces backlash from certain religio-political parties, who have been opposing the event.
The marches are organised in major cities to highlight issues facing women and condemning incidents of violence against them as well as gender discrimination, economic exploitation and misogyny.
Following this year's march on International Women’s Day, heated debates were once again seen on social media for and against the march.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Judicial Harassment
- Rights Concerned
- Offline, Women's rights
- HRD
- WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Mar 28, 2021
- Event Description
In the morning and evening of 14 March, protesters at the ‘Through the Sky Village’ set up near Government House were rounded up with no warrants shown. The Prime Minister denied any connection with the group photo of the new cabinet.
In both incidents, protesters in the makeshift village observed by peaceful methods by sitting or lying down, raising the 3-finger salute and letting the police take them into custody.
Those arrested were divided into 2 groups: 61 people who were arrested at 06.00 on Sunday and 31 who re-established the village in the afternoon and were arrested in the evening. Before being taken to court for a temporary detention order hearing, the first group were detained and charged at the Border Patrol Police Region 1, Pathum Thani, and the second at the Narcotics Suppression Bureau on Vibhavadi Rangsit Road.
On Monday night, all 92 were released on bail with 20,000 baht each as securities.
99 were arrested in total, but 6 were youths and earlier given bail by the court earlier while one other was allowed bail by the police.
92 were sent to Dusit Court for a temporary detention order hearing on Monday morning. They were charged with violating the Emergency Decree, causing traffic disorder and public dirtiness. Lawyers were waiting to submit bail requests.
On Monday, people gathered at the Pathumwan Skywalk to protest against the arrests. A protest was called for 14.00 on Tuesday 30 March at Government House to coincide with the cabinet photo shoot. The gathering perhaps is a symbolic action of resistance as the real photo shoot has been taken at Tuesday morning.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Family of HRD, Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Mar 27, 2021
- Event Description
On 27 March, authorities in Ha Noi arrested Le Trong Hung under Article 117, who had applied to be an independent (or ‘self-nominated’) candidate for a National Assembly seat in Ha Noi city. Le Trong Hung is a citizen journalist and a member of Chan Hung TV, a media group which broadcasts Facebook livestreams about social and political issues. According to his family, Le Trong Hung was arrested while walking in his neighbourhood and taken to his home by police who then searched the house. It is unknown where he is currently being detained.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Raid
- Rights Concerned
- Online, Right to healthy and safe environment, Right to liberty and security, Right to political participation
- HRD
- Blogger/ Social Media Activist
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Pakistan
- Initial Date
- Mar 27, 2021
- Event Description
A judge in the Pakistani city of Peshawar ordered police on Friday to open an investigation into the organisers of a march marking International Women’s Day over allegations they committed blasphemy.
Police in Islamabad had previously refused to open a case, saying the allegations were based on fake social media posts after doctored images and video from the March 8 event went viral.
The petition, lodged by a group of lawyers in Peshawar, alleges slogans and messages on placards and banners on display during the march in Islamabad were “un-Islamic and obscene” and insulted the Prophet Mohammad and one of his wives.
The organisers of the march said in a statement: “These lies and the outrageous allegations of blasphemous slogans and banners in particular have been definitively debunked many times over.”
Blasphemy is punishable by death in Pakistan, and although no executions have been carried out, suspects are often killed by vigilantes.
Protests calling for vigilante violence against the march organisers followed the social media storm and on March 12 the Pakistan Taliban issued a statement threatening the activists.
The march organisers called on the government to provide protection for the activists in the wake of the court order.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment, Vilification
- Rights Concerned
- Freedom of assembly, Freedom of association, Offline, Right to healthy and safe environment, Right to protect reputation
- HRD
- WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Mar 27, 2021
- Event Description
A jailed student protester from Magway who had his hand amputated after a brutal attack by soldiers in late March applied for bail on Thursday, his family has said.
Hlyan Phyo Aung, a 22-year-old civil engineering student who faces an incitement charge, was expecting to be freed along with more than 2,000 others on Wednesday.
Instead he had his first court hearing on Thursday after it was postponed eight times. His family said they hoped the request would be granted on medical grounds because of his serious injuries.
“I just want to ask them to be reasonable and stop this madness,” said a relative.
The student was hospitalised after a soldier shot and destroyed his right hand at a rally in Magway on March 27. After the hand was amputated he was sent to Magway Prison, even though doctors said he urgently needed eye surgery.
“It doesn’t matter if one is educated or wealthy or not, a person is a person and should be treated as such,” the relative said. “Would they treat him the same way if he was their blood?” Thirty-six detainees who were still under police investigation and facing court hearings for protesting were released from Magway Prison on Wednesday.
Two of them were Hlyan Phyo Aung’s cellmates, who were detained at the same protest as him and facing the same charge under the same lawsuit, the relative said.
The cellmates had been helping Hlyan Phyo Aung, who has limited mobility, with his daily routine.
“Now he’s alone in his cell,” the relative said. “He had already packed his stuff thinking he would be released along with his cellmates. We just met with his friends who were released in front of the prison today.”
In addition to losing his right hand, Hlyan Phyo Aung was hit in his right eye with a blast of gunpowder. Both of his thighs and his left arm were perforated by rubber bullets. After receiving two months of treatment at a military hospital, doctors said he would still need physical therapy as well as surgery for his eye.
The relative said they feared the attention Hlyan Phyo Aung’s case has received was the reason the regime has not yet released him.
The underground National Unity Government has publicised his treatment as part of plans to submit evidence against the regime to the International Criminal Court.
“Every single word of support for him turns into poison for the military since this information has seeped to the international community, making it a ‘famous’ case,” the relative said.
“That’s probably why they’re not releasing him yet.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical), Wounds and Injuries
- Rights Concerned
- Offline, Right to healthy and safe environment, Right to Protest
- HRD
- Pro-democracy defender, Student
- Perpetrator-State
- Armed forces/ Military, Judiciary, Police
- Source
- Monitoring Status
- Pending
- Country
- Malaysia
- Initial Date
- Mar 25, 2021
- Event Description
(Bangkok, 24 March 2021) – Attempts to intimidate Malaysian lawyer and human rights defender (HRD) Charles Hector for his work amount to harassment with the ultimate aim of silencing the people he represents, the Asian Forum for Human Rights and Development (FORUM-ASIA) and Front Line Defenders said in a joint statement today.
Human rights lawyer Charles Hector, along with eight defendants he is representing against logging companies, may face contempt charges for seeking clarifications over details contained in a letter sent by the Jerantut Forestry office.
The proceedings to initiate contempt charges are scheduled to take place tomorrow (25 March 2021) at the Kuantan High Court in the Malaysian state of Pahang, following a letter Hector had sent on behalf of his clients to an officer of the Jerantut Forestry office on 17 December 2020. In that letter, Hector sought further explanations on an earlier letter sent by the forestry officer in February 2020.
The plaintiffs behind the contempt proceedings are logging firms Beijing Million Sdn Bhd and Rosah Timber & Trading Sdn Bhd. They claim that Hector’s letter is a violation of a temporary injunction order obtained in November 2020, which, among others, stops the defendants from blocking the plaintiff’s workers from accessing a contested area in the Jerantut Permanent Forest Reserve.
The logging firms were appointed by the General Manager of Yayasan Pahang (Pahang Foundation), the license holder allowed to carry out logging in this forest. Yayasan Pahang is a statutory body of the Pahang State government.
‘The use of legal proceedings to curtail the crucial role of human rights lawyers highlights the continuous risk and intimidation they face in their work, particularly when they defend individuals in cases involving powerful businesses,’ said Shamini Darshni Kaliemuthu, Executive Director of FORUM-ASIA.
The eight defendants represented by Hector are from communities affected by potential logging activities in the Jerantut Permanent Forest Reserve.
In February 2020, the logging firms accused the defendants of preventing their workers and contractors from accessing and carrying their work in the forest reserve, and for allegedly disseminating false information about them. The defendants have denied these allegations.
The defendants, a part of the community who have been protesting logging of the Jerantut Permanent Forest Reserve since 2013, argue that the relevant authorities are still considering their objections and have not yet given permission to commence logging. The defendants, along with their communities, depend on the forest reserve for clean water and their livelihood. They also assert that their protest activities have been legal and peaceful.
‘Apart from intimidating lawyers, these actions by businesses result in disempowering vulnerable communities who depend on the forest reserve for their survival,’ said Shamini.
Malaysia has faced widespread deforestation and forest shrinkage in years. Despite attempts to revise laws to ensure protection for the forests, deforestation and infringement on ancestral lands have continued. Human rights lawyers and environmental defenders fighting against these are increasingly being targeted by corporations.
Charles Hector is a human rights lawyer who has extensive experience defending the right to fundamental freedoms, and the rights of indigenous peoples, migrants and refugees, and workers. He has been instrumental in improving mechanisms for access to lawyers and legal representation for the vulnerable.
‘Targeting a human rights defender like Charles Hector, who defends other human rights defenders, is certainly a strategy to weaken the morale of the community protesting the harmful logging,’ observed Olive Moore, Deputy Executive Director of Front Line Defenders.
In Malaysia, without a legislation to define contempt of court offences and penalties, sentences are arbitrary and can range from fines, prison terms and can lead to the revocation of one’s lawyer certificate.
‘Amidst allegation of collusion between regional state authorities and corporations, the Government of Malaysia must prove that it is able to prioritise the rights of its citizens over the interests of these corporations, and that it is able to protect the human rights lawyers who continue to defend the rights of vulnerable communities,’ said the groups.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Right to work
- HRD
- Lawyer
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Active
- Country
- Viet Nam
- Initial Date
- Mar 25, 2021
- Event Description
A jailed Vietnamese blogger serving an 11-year prison term for writing articles criticizing Vietnam’s government is being denied family visits after being transferred to a new prison following his refusal to appeal his sentence, his wife said on Friday.
Nguyen Tuong Thuy, an independent journalist and former RFA blogger, was recently moved from a Ho Chi Minh City Police Investigation Agency detention center and sent to the Bo La prison in Binh Duong province, Thuy’s wife Nguyen Thi Lan said.
“Yesterday I went to the Bo La detention center to visit my husband. I arrived at 11:00 a.m. but couldn’t see him as the doors had been locked, and I had to wait until 1:30 p.m. to send him some food,” Lan said, adding that prison staff accepted her delivery of food but refused to let her visit or speak with Thuy.
“They explained that they were not allowed to do this, as they had to follow instructions from the Ho Chi Minh City police,” she said.
Lan said she was shown a February 2021 police notice suspending prison visits and consular contacts due to concerns over the spread of COVID-19, but insisted that this was still against the law. “The law stipulates that anyone temporarily detained is still allowed to see their family at least once a month.”
Even with concerns over COVID-19, the guards should have allowed her to see her husband at a distance or speak to him on the phone, Lan said.
“However, I had no choice but to accept their decision, as [the detention officers] are the ones who have the authority,” Lan said, adding she had heard that a prisoner being held on a drugs charge at the same facility had been allowed to call and speak to their family.
“I think the guards were just making excuses,” she said. “I don’t know why they would say what they did, but I believe they were just following their superiors’ instructions and not the law.”
Calls seeking comment from the Bo La detention center were not picked up on Friday.
Civil rights, freedom of speech
Nguyen Tuong Thuy, who had blogged on civil rights and freedom of speech issues for RFA’s Vietnamese Service for six years, was sentenced on Jan. 5 with two other bloggers—like Thuy members of the Vietnam Independent Journalists’ Association—who were handed lengthy jail terms at the same time.
Arrested in May 2020, Thuy was indicted along with Pham Chi Dung and Le Huu Minh Tuan on Nov. 10 for “making, storing, and disseminating documents and materials for anti-state purposes” under Article 117 of Vietnam’s Penal Code.
Sentenced with Thuy, Pham Chi Dung was given a 15-year prison term, while Le Huu Minh Tuan was jailed for 11 years.
Thuy later refused to appeal his sentence, tearing up a petition form given to his after prison guards told him what to write on it, Thuy’s lawyer told RFA in an earlier report.
Reporters Without Borders (RSF) ranked Vietnam 175 out of 180 in its 2020 World Press Freedom Index. About 25 journalists and bloggers are being held in Vietnam’s jails, “where mistreatment is common,” the Paris-based watchdog group said.
Vietnam’s already low tolerance of dissent deteriorated sharply last year with a spate of arrests of independent journalists, publishers, and Facebook personalities as authorities continued to stifle critics in the run-up to the ruling Communist Party Congress in January.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Mar 25, 2021
- Event Description
A court in the central Chinese province of Henan has handed down a 14-month jail term to performance artist and online influencer Chen Shaotian after he posted a number of critical comments about life under the ruling Chinese Communist Party (CCP) on Twitter.
Chen was sentenced to one year and two months' imprisonment by the Fugou County People's Court in Henan, which found him guilty of "picking quarrels and stirring up trouble," a charge frequently used to target critics of the regime.
Chen's sentence, which was issued on March 25, was based on more than 50 posts he made to Twitter that were deemed to be "hype about major sensitive events in China" and "political attacks."
One video still visible on Twitter shows him astride a moped, speeding down a road wearing a face-mask blazoned with the words "evil" and "understand," and yelling: "Understand this! Our evil government is far worse than any virus, for f*ck's sake!"
Chen's tweets had "attacked China's political system, insulted employees of the state, caused serious damage to China's national image and endangered its national interests," as well as "creating serious disorder in a public place," the court judgment said.
Dissident activist Ji Feng said Chen isn't a dissident in the strict sense, as he doesn't advocate any political or philosophical alternative to CCP rule.
"He lacks a systematic politics, and he has no deeply held position," Ji said. "It's all about dissatisfaction with the current reality."
He said Chen's jailing would likely have a chilling effect on people who feel the same way.
"There are many, many people like him, and eventually, they will probably be too scared to speak out any more," he said.
Hebei-based lawyer Pan Shaomin said Chen had become an online celebrity precisely because his posts exuded a general and profound sense of dissatisfaction.
"The social topics he cares about were very popular with the general public," Ji said. "He cursed the way things are in a funny way, and made people laugh and feel happier."
"That was how he became a celebrity, but that phenomenon is going to cause fear in certain quarters," he said.
Chen, originally a long-haul truck-driver, first started cursing out the government after travel bans and rural roadblocks at the start of the pandemic left him unable to do his job.
He was banned from social media platforms including WeChat and Douyin after his videos on the death of whistleblowing Wuhan doctor Li Wenliang went viral.
"What [Chen] was doing was anathema to the authorities, who shut down his China-based social media accounts," Pan said.
In December 2020, authorities in the Beijing district of Haidian jailed Li Guibao, who was known online as Fat Pig Full Circle Lao Li, to one year's imprisonment for "picking quarrels and stirring up trouble" after he criticized the authorities handling of the COVID-19 pandemic.
Li was detained two days after posting a 7,000-word article on April 9, 2020, in which he mostly talked about government's handling of the pandemic.
He was tried on Dec. 3, 2020 and sentenced on Dec. 24, 2020.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Artist
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Mar 24, 2021
- Event Description
An appeals court in Vietnam’s capital Hanoi on Wednesday upheld the 12-year prison sentence handed to dissident writer Tran Duc Thach in December, sending him back to prison to serve his full term without hearing any arguments from his lawyer.
Thach, 69 and a founder of Vietnam’s online Brotherhood for Democracy, had heard only on Monday that the trial would be held, attorney Ha Huy Son told RFA on Tuesday.
Thach’s appeals hearing lasted just under two hours and was held without arguments between Thach’s defense attorney Ha Huy Son and government prosecutors, Son told RFA’s Vietnamese Service following the trial.
“It seems that the court had arranged its verdict ahead of time, as it was clearly made without any consideration being given to what Thach had actually done,” he said.
Arrested on April 23, 2020 Thach had been charged with “activities aimed at overthrowing the People’s Government” under Article 109 of Vietnam’s Criminal Code for Facebook postings exposing government corruption and human rights abuses.
The Brotherhood for Democracy is not recognized by the Vietnamese government, and many of its members have been imprisoned since its founding in 2013.
Speaking at Wednesday’s trial, a government prosecutor called Thach’s actions “dangerous to society,” saying they had threatened national security and undermined public trust in Vietnam’s political system.
Thach’s first trial had been compromised by “serious violations of legal proceedings,” Thach’s defense team said in a closing statement, noting that Thach had been tried on charges under the 2015 Criminal Code, which came into effect in early January 2018, well after his alleged offenses.
Prosecutors on Wednesday had also enjoyed full access to Thach’s case file, while defense lawyers were not allowed to have a copy of it, attorney Ha Huy Son said.
Thach had previously served a three-year jail term after being convicted in October 2009 of “conducting propaganda against the Socialist Republic of Vietnam,” and his return to prison now comes amid a new surge of jailings and convictions following a spate of arrests last year in the run-up to a top-level Communist Party conference in January.
'I'm not frightened at all'
Separately, police in Hanoi at the weekend summoned Trinh Ba Khiem—the husband of detained Dong Tam land-rights activist Can Thi Thieu and father of their two sons—ordering him to remove live-stream postings on Facebook they said were defaming the Communist Party.
“They said that the communist regime would arrest me and punish me harshly if I kept putting videos up on social media,” Khiem told RFA, adding that it’s likely now that he will be jailed following the arrests of his wife and sons.
“My wife and children are already in prison, so I’m not frightened at all, even if they jail me for 20 years or if I die in prison,” he said.
During his meeting with police, Khiem asked to see his son Trinh Ba Phuong, who was transferred from a detention center to a state-run psychiatric hospital in early March for “evaluation” after refusing to speak to police investigators – the third prisoner of conscience known to have been sent for psychiatric treatment.
A well-known land-rights activist in Hanoi, Phuong was arrested on June 24, 2020 with his younger brother, Trinh Ba Tu, and his mother, Can Thi Theu, on charges of “creating, storing, and disseminating information, documents, items and publications opposing the Socialist Republic of Vietnam.”
The three family members had been outspoken in social media postings about the Jan. 9, 2020 clash in Dong Tam commune in which 3,000 police stormed barricaded protesters’ homes at a construction site about 25 miles south of the capital, killing a village elder.
'Mentally strong'
Can Thi Theu meanwhile met on Tuesday with a defense lawyer for the first time since her arrest in June, her attorney, Le Luan, wrote on his Facebook page, describing his client as “mentally strong.”
Speaking to RFA on Wednesday, Theu’s daughter Trinh Thi Thao confirmed the meeting, adding she had given Le Luan a letter she had written to her mother, along with photographs of her mother’s four grandchildren.
“The lawyer said that we would meet with Trinh Ba Tu on another day,” she said.
Can Thi Theu had earlier served a 20-month prison term after being convicted in 2016 of “disturbing public order” for joining protests with others over their loss of land which was taken by the government to give to private companies without payment of adequate compensation.
While all land is ultimately held by the state, land confiscations have become a flashpoint as residents accuse the government of pushing small landholders aside in favor of lucrative real estate projects, and of paying too little in compensation to farming families displaced by development.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Cambodia
- Initial Date
- Mar 24, 2021
- Event Description
Six youth activists were detained for a night for collecting thumbprints — despite the ongoing Covid-19 outbreak — for a petition calling on the government to ease citizens’ costs of living, the Phnom Penh governor said.
“What they are looking for — thumbprints — that is against the Covid-19 rules,” Khuong Sreng said.
The activists had admitted their guilt and were released, he said, adding that such actions could lead to legal action if they were infected with Covid-19 and had transmitted the disease to others.
The governor added that they were focusing on the wrong issue at the wrong time.
“At this time, they should be holding banners and telling all people to wear masks to protect themselves from Covid-19,” Sreng said. “That would be the most appropriate.”
Keo Tith Lida, president of the Women’s Association for Society, said three of her members had been arrested on Wednesday while making copies of their petition to deliver to Prime Minister Hun Sen on Friday.
She and two other members went to the Stung Meanchey 1 commune police station to try to secure the others’ release, but they were also detained, Tith Lida said.
The group has been collecting thumbprints for a petition calling on the government to ease people’s financial burdens. The petition suggests suspending payments to microfinance institutions and banks, halting water and electricity bills, reducing the price of gasoline, or halving businesses’ rent for three to six months.
Tith Lida said the six activists were detained overnight and released around 5 p.m. on Thursday.
“We were asked to make a contract … to not gather youths, to not collect thumbprints during Covid, and to not make any propaganda,” she said.
The campaign had now been suspended, she said.
Am Sam Ath, rights group Licadho’s monitoring manager, said everyone should be following the Health Ministry’s Covid-19 guidelines.
“There should be a discussion about solutions, and, in the future, they will follow the measures of the Ministry of Health and of the authorities about preventing the spread of Covid-19. That would be good,” Sam Ath said.
Tith Lida previously said the group had collected more than 200 thumbprints for its petition.
The Covid-19 pandemic has led to tens of thousands of job losses in Cambodia, with tourism having plummeted amid disruptions to global travel, and garment factories losing orders due to suppressed worldwide consumer demand.
More than 700,000 households, or about 2 million people, have received emergency cash handouts as part of the government’s IDPoor program, the Planning Ministry said last month.
- Impact of Event
- 6
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Offline, Right to liberty and security
- HRD
- NGO staff, WHRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Indonesia
- Initial Date
- Mar 24, 2021
- Event Description
Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI) said that 2 legal assistants for residents of Pancoran, South Jakarta, were detained by the South Jakarta Metro Police. "Two legal assistants for the residents of Pancoran, Safaraldy from LBH Jakarta and Dzuhrian from Paralegal Jalanan were arrested for no reason by the South Jakarta Police on Wednesday, March 24, 2021. Both were detained while delivering a letter regarding the refusal to investigate the Pancoran residents
- Impact of Event
- 2
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to liberty and security, Right to work
- HRD
- Lawyer
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Mar 23, 2021
- Event Description
Saw Lin Htet, an ethnic Karen student from Myanmar currently studying at Mahidol University, has been arrested in Myanmar after joining an anti-coup protest while conducting research, and has not been heard from since.
Saw Lin Htet is a student in the Human Rights and Democratisation master’s degree programme at the Institute of Human Rights and Peace Studies (IHRP), Mahidol University. IHRP lecturer Bencharat Sae Chua said that he returned to his home country to conduct research for his thesis. While in Myanmar, he also joined anti-coup protests after the Myanmar military took power on 1 February 2021.
Bencharat said she was informed that Saw Lin Htet was arrested on 23 March 2021, while driving home in Hpa-An, the capital city of Karen State, with his 4-year-old daughter. He was stopped by military officers, who searched his car without presenting a warrant and arrested him after they found anti-government material.
He was accused of inciting violence against the state under Section 505 of Myanmar’s Criminal Code, which carries a prison sentence of up to 3 years.
He was taken to court on 6 April 2021, but his trial was not heard as there were too many cases. However, that evening, his wife noticed that he was not in the prisoner bus returning to prison, so she went to search for him both at the prison and at the police station, but no officer was able to tell her where he is. He has not been heard from since.
Saw Lin Htet’s family and friends are now concerned for his wellbeing. Bencharat said a petition has been filed with the United Nations Special Rapporteur on the Situation of Human Rights in Myanmar, and that the Office of the High Commissioner for Human Rights received the petition on 9 April. Meanwhile, his wife and daughter are in hiding out of fear that they are in danger from state officials.
His classmates at Mahidol University have also set up the Facebook page “Free Saw Lin” to call attention to his arrest and disappearance. On 9 April, they also issued a statement raising concerns about Saw Lin Htet’s wellbeing and calling on the Myanmar government to guarantee the rights Saw Lin Htet and other political detainees, as well as to allow them the right to be represented by a lawyer and to have a fair trial.
“We gravely fear for the condition of Saw Lin, who as of this moment remains under incommunicado detention,” says the statement. “Saw Lin’s current physical health is fragile since he is a survivor of childhood tuberculosis. His lack of consistent access to lawyers and his family clear violates his rights as an accused and person deprived of liberty.
“We appeal to the Government of the Union of Myanmar to allow Saw Lin, along with other political detainees, to have their rights guaranteed under the law. We request that they are granted access to justice, be represented by their counsels, and have a fair trial.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Abduction/Kidnapping, Judicial Harassment
- Rights Concerned
- Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Pro-democracy defender, Student
- Perpetrator-State
- Armed forces/ Military
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Mar 22, 2021
- Event Description
Chukiat ‘Justin’ Saengwong, a pro-democracy protester, was arrested at night on 22 March on a charge of royal defamation and taken into police custody awaiting a court decision on bail. The court then allow the police request for temporary detention.
At 13.01 of 23 March, he was waiting for a court decision on his bail application via a teleconference hearing, according to Bencha Saengchantra, the Move Forward Party MP requesting bail for Chukiat. Bencha also said the police were going to transfer Chukiat to court in the morning, but suddenly changed to a teleconference hearing.
At 17.12, the court denied bail, giving as reasons the seriousness of the charge, the heavy penalty, and the fact that the accused committed similar offences after previously being allowed bail, according to Thai Lawyers for Human Rights (TLHR). The offence that resulted in his arrest was from his part in the 20 March protest at Sanam Luang, although the offending action has not yet been identified exactly.
Chukiat posted on Facebook at 20.15 on 22 March “The police are taking me to Chanasongkram Police Station. Arrest warrant [Section] 112”. But supporters who went to Chanasongkram Police Station could not find him until he appeared at Huai Kwang Police Station at 23.00.
Thai Lawyers for Human Rights (TLHR), whose lawyer was able to meet Chukiat at 00.54 on 23 March, tweeted that the police tried to interrogate Chukiat with a lawyer that they assigned to him and confiscated his phone. Because he objected to this, the police had him handcuffed and detained.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to fair trial, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Mar 22, 2021
- Event Description
KHON KAEN: Sixteen core members of the Khon Kaen faction of the anti-government Ratsadon group reported to police on Monday morning to hear charges in connection with three anti-government rallies.
The first rally was held at Khon Kaen University on Feb 12, when the protesters lowered a national flag from the pole. The second was in front of the Muang police station on Feb 20 and the third on March 1 in front of a police office at Khon Kaen University.
At the rallies, the protesters reiterated three demands of the Ratsadon group - the resignation of Prime Minister Prayut Chan-o-cha, the amendment of the constitution and the reform of the monarchy.
Summonses were issued for the 16 to report to Muang police on Monday to hear three charges - lowering the national flag, a violation of the Thai National Flag Act, violating the emergency decree, and breaking the Disease Control Act.
The 16 were: Vachiravich "Safe" Thetsrimuang, who is leader of Khon Kaen faction of the Ratsadon group, Atthapol "Khru Yai" Buapat, Chaithawat Nammaroeng, Nitikorn Khamchu, Kornchanok Saenprasert, Pachara Santhiyakul, Thanasak Potemi, Veerapat Sirisunthorn, Panupong Srithananuwat, Sarawut Nakmanee, Jatuporn Sae Ueng, Chettha Klindee, Siwakorn Namnuad, Jetsarit Namkhot, Issaret Charoenkhong and Wisalya Ngnamna.
Four companies of police, from Khon Kaen and nearby provinces, were deployed in front of the police station to block supporters of the 16 from entering the premises.
A large number of Ratsadon supporters turned up and set up a tent on Klang Muang road in front of the station, giving moral support to their leaders and applying pressure on the police.
The protest leaders were accompanied by counsel from Thai Lawyers for Human Rights.
Mr Vachiravich said the lawyers had prepared to file requests for their release on bail after they were formally charged.
Before reporting to the police, Mr Vachiravich burned his summons and ground the ashes under his foot, in a symbolic show of defiance.
- Impact of Event
- 16
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to Protest
- HRD
- Pro-democracy defender, Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Mar 22, 2021
- Event Description
On March 22, 2021, the Special National Investigation Agency (NIA) Court in Mumbai rejected Mr. Swamy’s bail petition, arguing that there was sufficient evidence to prove his involvement in "deep-rooted conspiracy". His application for bail had been pending since November 2020.
The Observatory recalls that Mr. Swamy has been arbitrarily detained in Taloja jail since October 9, 2020, following his arbitrary arrest on October 8, 2020 by NIA officials for his alleged involvement in the Bhima Koregaon case. The case relates to caste-based violence that broke out on January 1, 2018, during Elgar Parishad, a Dalit commemoration of the anniversary of a battle the Dalits won 200 years ago against the Peshwas (upper caste rulers), at Bhima Koregaon, Maharashtra State.
On November 26, 2020, the NIA Court in Mumbai rejected Mr. Stan Swamy’s request for a straw, a sipper bottle, and winter clothes, which had been allegedly confiscated by the NIA at the time of his arrest. Mr. Swamy had lodged his request on November 6, 2020, as he is unable to hold a glass due to having an advanced stage of Parkinson’s disease. Furthermore, Mr. Swamy suffers from a hearing impairment, has fallen in the jail on multiple occasions, and suffers from severe pain in his lower abdomen as a result of two surgeries. On November 29, 2020, the Taloja jail authorities provided Mr. Swamy with a sipper bottle, following widespread outcry over the refusal to provide him with adequate medical care.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Right to health, Right to liberty and security
- HRD
- Minority rights defender
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Mar 21, 2021
- Event Description
MANILA – Human rights group Karapatan is calling for the release of their Lumad colleague who was arrested by police in Cagayan de Oro City early morning Sunday, March 21.
Renalyn Tejero, 25, a Karapatan Caraga paralegal and a Manobo, has turned up under arrest at the Camp Col. Rafael Rodriguez, the Philippine National Police (PNP) Caraga regional office 13 in Butuan City, Agusan del Norte.
Tejero had been missing for half a day, having lost contact with her colleagues after she was last seen being taken by armed men at 5 A.M. in another province, in barangay Lapasan, Cagayan de Oro City, Misamis Oriental.
It turned out a joint police and military team arrested her on charges of murder and attempted multiple murder, as announced by the PNP Caraga late this afternoon. They flaunted having nabbed Tejero, who they claimed is the region’s “top 1 most wanted NPA (New People’s Army).”
The PNP Caraga also claimed that Tejero is “one of the primary suspects” in the killing of Zaldy Acidillo Ybañez and Datu Bernandino Astudillo Surigao del Sur last year.
This was the same charge against Rogelio de Asis, Pamalakaya Caraga chairperson, and auditor of Pamalakaya National. De Asis was arrested on Feb. 11 at his home in Buenavista, Agusan del Norte.
The arrest warrants issued by the Regional Trial Court branch 34 recommends no bail for the murder case, and a fixed bail of Php120,000 for the multiple attempted murder case, the PNP Caraga said.
Tejero is the second activist from Caraga who was arrested in four days. On March 17, a similar joint police and military operation arrested Rosanilla “Teacher Lai” Consad, ACT secretary in Region XIII, a special education teacher and an assistant principal of San Vicente National High School in Butuan City, Agusan del Norte.
Also in the region just last February, four prominent activists were arrested on murder charges, which their organizations denounced as trumped-up cases.
The PNP Caraga said Tejero was arrested by a composite team of the PNP regional intelligence units from Region 13 and Region 10, the Philippine Army’s 402nd Brigade under the 4th Infantry Division, the 23rd Infantry Battalion and the Intelligence Service of the Armed Forces of the Philippines.
Progressive groups denounced Tejero’s arrest and called for her release. The Iglesia Filipina Independiente (IFI) in a Facebook post said Tejero is an “IFI active youth member.” Katribu Youth called the arrest “an attack on indigenous peoples and people’s rights.”
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Vilification
- Rights Concerned
- Right to liberty and security, Right to protect reputation
- HRD
- NGO staff, WHRD
- Perpetrator-State
- Armed forces/ Military, Police
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Mar 21, 2021
- Event Description
Police in north-central Vietnam’s Nghe An province arrested the owner of a private clinic on Monday, accusing the physician of undermining people’s trust in the Communist Party in a series of articles posted on social media, state media sources said.
Nguyen Duy Huong, a 34-year-old medical doctor and owner of the Duy Nhi clinic in the Yen Thanh district’s Vienh Tanh commune, was charged under Article 117 of the Criminal Code with “creating, storing, or disseminating information and documents against the Socialist Republic of Vietnam.”
Security services said that articles posted since 2018 on Huong’s Facebook page included a Feb. 20, 2021 story called “Why Should We Criticize Nguyen Phu Trong,” which criticized the ruling Communist Party general secretary, now serving his third term in office, for turning the party into “a swamp.”
Huong had written in the same article that he was willing to sacrifice even his family and job in order to change the Party and the country, according to a report in the Ministry of Public Security’s official newspaper.
“I have devoted my life to this [cause],” Huong wrote, quoted in the Ministry paper. “Reforms must be carried out so that our people can really be their own masters, the party can be cleaned up, and the country can move forward.”
Huong’s writings had undermined the Vietnamese people’s trust in their ruling party and the socialist regime and had harmed political and ideological unity in the country, and should therefore be “handled strictly,” the ministry paper said.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Blogger/ Social Media Activist
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Mar 20, 2021
- Event Description
On 20 March, protesters gathered at Sanam Luang demanding that the power of the monarchy be limited under the constitution. The police responded by setting up a long barrier of containers. The people faced retaliation after removing the blockade. Rubber bullets, tear gas, and water cannon were deployed broadly and indiscriminately.
As of Sunday morning, Thai Lawyers for Human Rights reported that 32 people were arrested. 30 people were taken to Border Patrol Police Region 1 headquarters in Pathum Thani for detention and investigation.
The Erawan Medical Centre reported on Sunday that 33 people were injured and transferred to hospital.
The protest was scheduled after a popular vote in the REDEM communication group. Protesters gathered at Sanam Luang at around 17.50 to face a long barrier of containers stacked two-high barring them from accessing the Grand Palace walls. The blockade was reportedly put in place at around 07.00 on Saturday. As more people arrived, some protesters were seen pulling down part of the wall of containers. At around 19.00 a path opened up after a row of containers was removed. Crowd control police behind the blockade began to warn the protesters not to cross the line otherwise they would be arrested.
At 19.02 water cannon opened fire from behind the blockade as the police were preparing arrest teams. 8 explosions were heard. The protesters retreated to Phan Phipop Lila Bridge before re-entering Sanam Luang, waving large white banners, only to face more water cannon fire. The water was reportedly infused with a tear gas agent. At around 19.30, the protesters were flanked by crowd control police who marched from Ratchadamnoen Road toward the protesters. The police on both sides then started forcibly dispersing protestors. Tear gas and rubber bullets were widely used at this stage as the protesters made a retreat to Phra Pinklao Bridge, the only major exit that remained open.
Doi, a 15-year-old young woman, was injured in the left chest by a rubber bullet. She said she was at the Mother Earth Statue across Sanam Luang when the police announced that they would arrest people who were lingering on the street. However, the police shot her after a couple seconds without allowing her to run. Doi said she was terrified and hurt. She said her family is not against her coming to the protest. However, getting hurt is not what she wanted as she was afraid of missing a test because of her injury.
The standoff at Phra Pinklao Bridge went on for around 1 hour. Tear gas and explosions were observed several times. The media around Ratchadamnoen Road were restricted in a designated area by the police.
At 20.43, crowd control police opened a path to Atsadang Road, allowing protesters to leave. Police asked the media to lead the people out of the area. Afraid of an ambush by a pro-monarchy vigilante group, the protesters urged the police to lead them out to a safe place. 2 units of police were deployed to lead the protesters out.
At 21.45, a person was attacked by an unidentified group of men around Wat Mahannapharam with some sort of flag pole. He was injured in the head and taken to hospital.
At 21.53, the Coalition of Salaya for Democracy posted on Facebook that a person was shot with live ammunition by unknown men around the Giant Swing.
At 22.24, Prachatai journalist Sarayut Tangprasert was shot in the back by a rubber bullet while livestreaming the crackdown at Kok Wua intersection, leading to Khao San Road. He was wearing a media armband provided by the Thai Journalists Association (TJA). During the night, journalists from Channel 8 and Khaosod were injured by rubber bullets, one to the head and one to the leg.
The police set up a line at Kok Wua intersection, moving back and forth to disperse protestors. People who were sitting in Khao San Road booed them before the police moved away from the famous tourist destination which is now less crowded due to the pandemic. Deputy Police Spokesperson Pol Col Kritsana Pattanacharoen said the police responded to the protest in accordance with legal provisions, noting that the protest was not allowed according to the restrictions of the Emergency Decree to control the spread of Covid-19. The police had warned the protesters not to trespass beyond the blockade. Protesters still came forward and some attacked the police with marbles or bolts fired by slingshots.
“In carrying out their duty this evening, police officers have used restraint, acting according to the steps of the law, acting strictly according to regulations in political science and legal principles,” said Kritsana.
At 21.15, the Medics and Nurses for the People volunteer group estimated that at least 30 people had been injured from tear gas, rubber bullets, water cannon blasts and assaults.
At around 23.00 a clash broke out at Wan Chat Bridge, 400 meters from the Democracy Monument when protesters seized a police van and used it as a shield. The Tempo News reported men were caught throwing a home-made explosive at the police from the lines of media. Molotov cocktails were used but quickly put out. Police returned fire with tear gas and rubber bullets.
According to the Reporters Facebook live feed, crowd control police staged a crackdown at around 23.00, resulting in 9 arrests. 1 police officer and 1 other person were injured and taken away from the scene.
On 23.30, the Dao Din activist group gathered in front of Khon Kaen University Police Station to protest against the violence in Bangkok.
Calm before the storm The Free YOUTH Movement, one of the protest organizers formed in 2020, published a statement demanding limits to the power of the monarchy, the demilitarization of politics and universal social welfare. Activities began peacefully. The protest on Saturday was meant to send messages via paper planes to address the issue of limiting the power of the monarchy under the constitution. People were seen flying kites, raising banners and spraying the ground with graffiti.
The artists' network Free Arts were also organising activities during the protest. Earlier in the evening, they were spray-painting pictures of activists currently imprisoned for charges relating to political activities, as well as messages such as “Free our friends” and “Abolish Section 112” onto kites, which can then be seen flying above Sanam Luang. A representative of the group said that the idea behind the event is that several of the imprisoned activists are facing charges because of the protest at Sanam Luang on 19 – 20 September 2020, so the group decided to paint their pictures onto kites to show that they are thinking of those who are imprisoned.
The representative also said that one of the activities they think of when they return to Sanam Luang was flying kites, and that the event is also symbolic of how Sanam Luang used to be a public space where anyone can organize an event.
Free Arts also planned to use the space for dancing, and said that there is also a plan for participants to read out Anon Nampa’s speech on monarchy reform. However, these activities did not take place as the protest was cut short due to police violence.
Eak, joining the protest wearing a T-shirt with a parody of the Naruto manga, changing the name to Narutu, a reference to the nickname (Tu) of Prime Minister Prayut Chan-o-Cha. He said he wanted to express his anger at Thai politics. “I am angry at the senators who rejected the draft constitution. I am angry that our friends were ordered to be detained by the court without a verdict. It is against international principles, against every theory, against everything.”
Eak wants the government to step down for the good of Thai children and the future.
BANGKOK — At least 20 people were taken into custody after riot police broke up a protest calling for a monarchy reform at Sanam Luang on Saturday night, police said Sunday.
The rally outside the Grand Palace was organized by the REDEM group, who had said they planned to have demonstrators throw paper planes with messages over the palace walls.
The protesters, who numbered close to 1,000, gathered at Sanam Luang, where they were met with a massive barricade made of shipping containers to defend palace grounds. They proceeded to dismantle the obstacle installed by the police, to which the police retaliated with water cannons, tear gas, and rubber bullets as they moved in to clear out the remaining protesters in the vicinity.
Protesters pull down a shipping container used as a barricade near the Grand Palace on Mar. 20, 2021. Protesters pull down a shipping container used as a barricade near the Grand Palace on Mar. 20, 2021. “Demonstrators began the violence,” deputy Bangkok police commander Piya Tawichai said. “The police were on the defense, since we were tasked to enforce laws and defend public property. Although the protesters claimed that they are leaderless, our investigation found that they actually have leaders, but they are not coming forward.”
Police said a total of 20 people were arrested during the crackdown on protesters last night, though the Thai Lawyers for Human Rights group reported as many as 32 people, including seven minors, were taken into custody.
They faced six charges, which include breaking the Emergency Decree’s ban on mass gatherings, causing public disturbance, and resisting arrests, police said.
Khaosod English correspondents at the scene said police appeared to rely heavily on rubber bullets than any crowd control measures on Saturday night, especially during smaller clashes that flared up at multiple locations along the historic Ratchadamnoen Avenue as demonstrators hurled objects, including devices believed to be firecrackers, and set fires to deter riot police.
Bangkok’s emergency medical service center said a total of 33 people were injured. Twenty of them were civilians, while 13 of them were police officers.
At least three reporters, including Khaosod’s Thanyalak Wannakote and Prachatai’s Sarayut Tangprasert, were hit by rubber bullets. Police said they were hit by stray bullets as officers had already warned them to leave the area.
“We instructed police officers to use riot control measures in accordance with the regulations,” Maj. Gen. Piya said. “We insured warnings to journalists, volunteer medical workers, and civilians to disperse. However, not all of them left, so some were hit by stray bullets during the commotion. The metro police chief has already acknowledged and will visit the victims.”
Thai media guilds issued a joint statement Sunday asking every party to show tolerance, though it did not condemn police use of force on journalists on the frontline.
“Journalists working at protest sites must strictly observe the guidelines for reporting during a crisis to prevent loss of lives and properties,” the statement wrote. “Journalists working at protest sites should wear an identification armband every time, however it is not guaranteed to protect them from violence.”
The REDEM group, short for Restart Democracy, claims to have no leaders and relies on opinion polls on the Telegram messaging app to make key decisions. The group said they will call for another rally on Sunday after the majority voted for, though they have yet to announce the venue.
- Impact of Event
- 4
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Media Worker, Pro-democracy defender, WHRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Mar 17, 2021
- Event Description
The Alliance of Concerned Teachers (ACT) condemned the arrest of a union leader in Butuan City and called for her immediate release.
Rosanilla “Teacher Lai” Consad, ACT secretary in Region XIII, a special education teacher and an assistant principal of San Vicente National High School, was arrested yesterday, March 17, at around 4:30 pm in Butuan City by Regional Intelligence Unit 13 of National Intelligence Coordinating Agency (NICA), the police and military.
Consad is also a member of ACT’s National Council.
Consad is being charged with attempted homicide in relation to a New People’s Army ambush in Sitio Manhupaw, Brgy. Poblacion 2, Santiago in Agusan del Norte last November 21.
ACT secretary-general Raymond Basilio said that Consad had been a victim of state vilification and repression since 2018.
In November 2019, she reported about intelligence agents visiting her school to inform her that she and her husband are part of a certain hit list supposedly for being activists.
“Teacher Lai’s case only proves that terrorist-tagging serves as a prelude to worse, more fascist attacks on rights, freedoms, and lives. All of which are part of the Duterte regime’s systematic attack on the Filipino people as it desperately seeks to silence all dissent and establish its tyrannical rule,” Basilio said.
ACT Teachers Party slams DILG memo
Meanwhile, ACT Teachers Party Rep. France Castro said that teacher Lai has been a victim of harassment, threats and red-tagging by state security forces for standing up for the rights and welfare of her fellow public school teachers in Caraga.
“The arrest came days after the DILG release a memorandum tagging ACT and other progressive groups in the public sector as a communist terrorist groups. These are the real threats of red-tagging to the safety, security and freedoms of activists, human rights defenders and union leaders who have been vocal about the failure of the Duterte administration in addressing the perennial crisis of the country’s health system, education system and economy,” Castro said.
ACT Teachers Party will file a house resolution in Congress to investigate Consad’s arrest, Castro added
Consad is expected to file a petition today to be allowed post bail.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Vilification
- Rights Concerned
- Right to liberty and security, Right to protect reputation
- HRD
- Community-based HRD, Labour rights defender, WHRD
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Mar 17, 2021
- Event Description
On 17 March, Phromson Wirathammachari, a protester well-known for his speeches, went to hear a charge of lèse majesté at Thanyaburi Police Station but the police suddenly handed him over to the court, with a request to detain him.
According to TLHR, the court denied Phromson bail, citing the gravity of the charge, the severe penalty, and the likelihood that he would either flee or repeat the offence. The decision led to him being detained at Thanyaburi prison even though was seriously injured from a traffic accident,.
Sasinan Thamnithinan, a TLHR lawyer who went to the police station with Phromson, posted on Facebook an account of the police haste. The post stated that although Phromson came to the station with his injuries to prove that he had no intention to flee, the deputy superintendent (investigation), after the regular investigation stage, suddenly decided to take him to court before the court closed.
Sasinan doubted the police decision because for a detention request, the appointment at the station would be for the morning instead of the afternoon. The police also expressed uneasiness at her attempt to consult with Phromson over this sudden turn of events. The station superintendent gave them 2 minutes to consult in private.
Without being prepared, Sasinan wrote the bail request as fast as she could. However, the court denied bail, giving similar reasons to those in Chukiat’s case.
TLHR reported on 22 March that at least 76 people have been prosecuted under the royal defamation law in 66 cases. 27 cases were filed by ordinary citizens, 5 by the Ministry of Digital Economy and Society and the rest by the police. 4 of the accused are under the age of 18.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Pending
- Country
- Sri Lanka
- Initial Date
- Mar 17, 2021
- Event Description
Sri Lankan Police have arrested freelance journalist, Sujeewa Gamage, for allegedly making 'false claims that he was abducted, tortured and abandoned on a road in Colombo by armed men on 10 March 2021,
While receiving treatment for burns and injuries in the hospital, Gamage told the press that the attack was to obtain information, containing his news sources and of his affiliations with opposition politicians, that was in his possession at the time of the incident.
On 17 March, police officers of the Colombo Crime Division (CCD) detained and investigated the journalist soon after he released from the hospital. According to Attorney-at-law, Namal Rajapaksha, whose representation was retained by Gamage’s relatives, he was denied entry into the custody and was told by a police officer that his client will not be released for putting the government “in a difficult position.”
The CCD is also reportedly going to interrogate former Minister Rajitha Senaratne and former MP Chathura Senaratne in connection with the case. According to Police Media Spokesperson Ajith Rohana, Gamage had visited an office of Chathura Senaratne in Thimbirigasyaya, where he had met with Rajitha Senaratne at the office. The suspect has also admitted that he had made a false complaint through a confession, Rohana added.
On Friday Gamage was granted bail.
Media freedom continues to be under significant threat as an increasing number of attacks against journalists continue to be reported under the Rajapaksa regime. Last month, a Tamil Guardian correspondent, who went to report on a Tamil landowner dispute in Mullaitivu, was threatened and harassed by Forest Department officers.
As the two have not returned for hours, family members have retained the service of attorney at law Namal Rajapaksha. Police have intimidated him and threatened that Gamage will not be released “because a lawyer has come on behalf of the journalist”.
“Relatives of my client told me that he is been interrogated under duress for hours,” lawyer Rajapaksha told JDS.
“Not only I wasn't allowed to provide legal assistance, police threatened me saying that he wont be released as a lawyer coming to the police station on behalf of him is an offence. I was not even allowed to pass the gate although I explained that he is a torture victim who was just discharged from hospital. An Assistant Superintendent of Police named Anuranga told me that my client will not be released as he has put the government in a difficult position.”
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Access to justice, Right to healthy and safe environment, Right to liberty and security
- HRD
- Family of HRD, Lawyer, Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Related Events
- Sri Lanka: media worker abducted, tortured
- Country
- Myanmar
- Initial Date
- Mar 15, 2021
- Event Description
The military regime has seized control of the bank accounts of billionaire George Soros’ Open Society Foundation (OSF) in Myanmar and announced that it will take legal action against the foundation, which is accused of violating restrictions on the activities of such organizations.
On Monday, military-controlled MRTV announced that the military had issued arrest warrants for 11 staff members of OSF Myanmar, including its head and deputy head, on suspicion of giving financial support to the civil disobedience movement against the military junta.
The regime also claimed that the world’s largest private funder for justice, democratic governance and human rights had failed to obtain approval from the Central Bank of Myanmar (CBM)’s Foreign Exchange Management Department for a deposit of US$5 million (7.04 billion kyats) with the Small and Medium Enterprise Development Bank (SMED) in Myanmar in 2018.
The foundation is also accused of illegally withdrawing $1.4 million from its account at SMED a week after the military takeover in Myanmar, as the civil disobedience movement was gaining momentum among civil servants across the country.
The military junta also took control of assets totaling $3.81 million and 375 million kyats in OSF bank accounts at four private banks—Kanbawza Bank (KBZ), Ayeyarwady Bank (AYA), SMED and Co-operative Bank (CB), according to MRTV.
The military said it had begun taking control of all illegal flows of money to OSF Myanmar, saying the foundation had breached the law that lays downs the rules and regulations for organizations in the country.
It said it would take legal action against SMED for allowing OSF to deposit $5 million and withdraw $1.4 million without obtaining approval from the CBM.
On March 12, the CBM notified all international non-governmental organizations (INGOs) and nongovernmental organizations (NGOs) that they would be required to report all financial transactions involving international organizations or individuals from abroad, with relevant bank account information, since April 1, 2016. The order indicates that the military regime intends to investigate the financial transactions of organizations since the National League for Democracy (NLD) took office in early 2016.
The regime said the opening of the OSF Myanmar office came about after George Soros met ousted Myanmar State Counselor Daw Aung San Suu Kyi four times between 2014 and 2017. It said OSF deputy chair Alexander Soros met Daw Aung San Suu Kyi six times from 2017 to 2020.
Military-aligned groups including the Union Solidarity and Development Party have accused Soros of manipulating Myanmar’s politics by supporting civil society organizations in the country. In 2017, lawmaker U Soe Thane, who served as President’s Office minister under U Thein Sein’s administration, objected to a ministerial appointment by the NLD government on grounds that the appointed minister had failed to disclose his previous work for the George Soros Foundation. He said that making the official a national security adviser could hurt Myanmar’s relations with China.
OSF has been supporting Myanmar’s democratic transition and promoting human rights, including those of marginalized groups, since 1994. The foundation said it had awarded more than 100 grants each year, mostly to grassroots civil society organizations including exile, ethnic media and educational organizations.
Following the coup, the military regime launched an investigation into the finances of the Daw Khin Kyi Foundation, a charity founded by Daw Aung San Suu Kyi. The move is believed to be a pretext to file more charges against the country’s de facto leader.
- Impact of Event
- 12
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Administrative Harassment, Judicial Harassment
- Rights Concerned
- Right to healthy and safe environment, Right to property, Right to work
- HRD
- NGO, NGO staff
- Perpetrator-State
- Armed forces/ Military
- Source
- Monitoring Status
- Pending
- Country
- Indonesia
- Initial Date
- Mar 11, 2021
- Event Description
The Director of LBH Makassar Muhammad Haedir revealed that two protesters at the commemoration of International Women's Day in Makassar, South Sulawesi were detained for 24 hours at the Makassar Police Headquarters. He said the chronology of the arrests began when the protesters demonstrated their voices on various women's issues last Monday (8/3). When the masses were preparing to disperse, continued Haedir, suddenly there were community organizations that accused them of supporting the Papua issue
- Impact of Event
- 2
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to Protest, Women's rights
- HRD
- WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Mar 10, 2021
- Event Description
Defend the Defenders, March 10, 2021
Authorities in Vietnam’s northern province of Ninh Binh have arrested local Facebooker Tran Quoc Khanh and charged him with “conducting anti-state propaganda” under Article 117 of the country’s Criminal Code for his online posts criticizing the communist regime on various issues.
According to the state-controlled media, Mr. Khanh, 61, was detained by the Ninh Binh police on March 10 and taken him to a provincial detention center. He will be held incommunicado for at least four months and not allowed to meet his defense lawyer and relatives in the pre-trial detention. He will face imprisonment of between seven and 12 years even 20 years in prison if is convicted, according to the current law.
Mr. Khanh has posted his own writings, carrying out many livestreams and sharing numerous articles on his Facebook account Trần Quốc Khánh with the content related on serious human rights violations, systemic corruption among state officials, the Vietnamese communist regime’s weak response to China’s violations of the country’s sovereignty in the East Sea (South China Sea) and widespread environmental pollution. The state-controlled media reported that he was arrested due to his posts which defaming the communist regime and distorting its policies.
Recently, Khanh has announced that he would run for a seat in the country’s highest legislative body National Assembly in the general election scheduled in May as an indipendent candidate.
He has been the third Facebooker being arrested for online posts so far this year. One month ago, the authorities of the central province of Quang Trị arrested state newspaper’s journalist Phan Bui Bao Thy and his partner Le Anh Dung and charged them with “abusing democratic freedom” under Article 331 of the Criminal Code for their online posts to denounce corruption of state officials in the local projects.
In January this year, Vietnam convicted three independent journalists Pham Chi Dung, Nguyen Tuong Thuy and Pham Minh Tuan, members of the Independent Journalist Association of Vietnam, and environmentalist Dinh Thi Thu Thuy to between seven years and 15 years in prison on the allegation of “conducting anti-state propaganda.”
Vietnam’s already low tolerance of dissent deteriorated sharply in recent years with a spate of arrests of hundreds of independent journalists, publishers, and Facebookers. With many conservative figures of the ruling Communist Partybeing re-elected to the country’s leadership in the next five years in the 13th National Congress which ended on February 1, more arrests are expected in future.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Blogger/ Social Media Activist
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Indonesia
- Initial Date
- Mar 10, 2021
- Event Description
Chairman Kongres Aliansi Serikat Buruh Indonesia (KASBI), The General Chairman of Congress of Indonesia Unions Alliance, Nining Elitos, was summoned by the police regarding allegations of sedition and violations of health quarantine. This case is being handled by Direktorat Reserse Kriminal Umum Polda Metro Jaya. In the police report number: LP / 235 / III / YAN.2.5 / 2021 / SPKT PMJ dated 9 March and the Inquiry Letter Number: SP.Lidik / 777 / III / 2021 / Ditreskrimum dated 10 March, the police scheduled Nining's request for clarification on Monday , March 15. The charges were filed after Nining Elitos organised a rally on International Women's Day on 8 March.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- #COVID-19, Freedom of assembly, Offline
- HRD
- Labour rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Mar 9, 2021
- Event Description
On 9 March 2021, woman human rights defender Hidme Markam was arrested by Chhattisgarhpolice on several charges, including charges under the Unlawful Activities Prevention Act (UAPA)anti-terrorism law in relation to her alleged involvement in Maoist activities. The woman humanrights defender was arrested during an event in Dantewada in the State of Chhattisharh to markInternational Working Women’s Day, and to protest the custodial torture and sexual violence bypolice against Adivasi women in the State. Later that day, following her arrest, Hidme Markamappeared before a Magistrate and was remanded for 14 days in Jagadalapur prison. Hidme Markam is an Adivasi woman human rights defender advocating for indigenous rights,against police and state violence, and the impact of mining in the State of Chhattisgarh. She is theconvenor of the Jail Bandi Rihai Committee, a platform which advocates for the release ofthousands of Adivasi persons, particularly youths, criminalized and branded as Naxals and held inpre-trial detention. Hidme Markam is an anti-mining campaigner, focusing on projects led by largecorporations such as Adani Pvt Ltd., which threaten to destroy a sacred Adivasi hill, considered alocal deity by the community. She also campaigns against the detrimental ecological impact ofmining for the local area, resulting in the degradation of land and large bodies of water, and thedestruction of forests in the region. The woman human rights defender has also criticised theexpanding presence of military, police and para-military in the State. In 2019, she participated in apublic campaign against the establishment of a police camp in Potali by the Special Task Force andDistrict Reserve Guards. Advocating for the promotion of women’s rights and against physical andsexual violence against women by police and military officers is central to Hidme Markam’s work.Women in the State, especially from Adivasi communities, have been disproportionately affected byviolence and discrimination by officials. On 9 March, Hidme Markam participated in an event at Sameli, Dantewada to mark InternationalWorking Women's Day and to commemorate the death of two young women, one of whom wasconfirmed to have died whilst in police custody, in Chhattisgarh. The two women were reportedlysubjected to torture and sexual violence by officials whilst detained. Police officers arrested thewoman human rights defender at the event where approximately 300 villagers, community leadersand other women human rights defenders from the Jail Bandi Rihai Committee and ChhattisgarhMahila Adhikar Manch were present. The Sub-Divisional Magistrate also witnessed the arrest,having arrived at the event to engage with those attending. Fellow human rights defenders andcommunity members who attempted to oppose the woman human rights defenders arrest wereviolently pushed aside by the police officers. Multiple cases have been filed against Hidme Markamon charges under the regressive Unlawful Activities Prevention Act and others, a law that isroutinely used against human rights defenders in India response to their legitimate human rightsactivities. The exact charges against Hidme Markam are not yet known, and she remains inJagadalapur prison, and has been allowed access to her lawyer since her arrest.The woman human rights defender has engaged directly with high ranking state officials includingthe Chief Minister, Governor and Superintendent of Police of Chhattisgarh to seek redress, realisebasic fundamental rights and protection from harm for local communitiesaffected by the miningactivities in the region. She has worked peacefully with local authorities to address violationsagainst these vulnerable and oppressed communities, and represent the voices of members of thecommunities. Her arrest is in direct reprisal for her work, challenging powerful forces within theState, such as police, military and corporate interests. As a result of this work, the woman humanrights defender has faced threats and harassment in the past, culminating in her arrest on 9 March. Front Line Defenders condemns the arrest of woman human rights defender Hidme Markam as itbelieves she is being targeted as a result of her human rights work, advocating for the protection ofthe rights of Adivasi communities, especially Adivasi women in Chhattisgarh. Not only her arrest,but also the decision to carry out the arrest during an event marking the custodial torture of andsexual violence against two young Adivasi women, is particularly concerning. Front Line Defendersreiterates its concern regarding the use of the UAPA against Hidme Markam and other humanrights defenders in India, aimed at silencing them and their efforts to promote and protect humanrights in the country.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Environmental rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Mar 6, 2021
- Event Description
On 6 March, protesters marched to the judicial court complex on Ratchadapisek Road to express their anger at the lengthy and questionable detention of pro-democracy protesters and political prisoners.
The protest, designated by the Free YOUTH movement under the theme Restart Democracy (REDEM), was one among at least 4 pro-democracy protests held in Bangkok and nearby province, and 1 pro-establishment protest at the Central World, Ratchaprasong.
The protesters started the march at Lat Phrao intersection at around 17.40. 46 were arrested at the scene, including Piyarat Chongthep. They were arrested by an armed police SWAT team while they were at a nearby shopping mall, eating and waiting to attend the protest.
According to their testimony to TLHR, they were rounded up by the police commandos, forced to lie on the ground, had guns pointed at their backs, had their hands tied with cables and had their belongings seized.
They were put into 3 different detention vehicles, 1 of which, containing 18 people, was able to make it to Border Patrol Police Region 1. The other 2 were intercepted by the protesters on Ratchadapisek Road. The cage padlocks on the second vehicle were broken and the WeVo members got out. Another 14 who were sitting in the third vehicle remained inside for 2 hours in total.
At 21.10, a lawyer from TLHR came to see the remaining WeVo members in the third vehicle and took them to Phaholyothin Police Station to present themselves out of fear of being charged with escaping. Those from the second vehicle later followed them to the station, 28 in total.
- Impact of Event
- 46
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Mar 5, 2021
- Event Description
On 8 March 2021, the Linyi Municipal Procuratorate in Shandong province informed Ding Jiaxi's lawyer that it has sent the human rights defender's case back to the Linyi Municipal Public Security Bureau for supplementary investigation. Under the Criminal Procedure Law, the public security bureau must complete supplementary investigation within a month, and only two rounds of supplementary investigation are permitted.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Lawyer, Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Mar 4, 2021
- Event Description
A court in southern Kazakhstan has handed parole-like sentences to two women for their links with the banned organizations Koshe (Street) Party and the Democratic Choice of Kazakhstan (DVK) movement amid an ongoing crackdown on individuals supporting the two opposition groups.
On March 4, a city court in Taraz sentenced both Nazira Lesova and Nazira Lepesova to two years of "freedom limitation" after finding them guilty of organizing and participating in the activities of the groups. Lepesova was also sentenced to 100 hours of community work.
Both women rejected the charges, calling them politically motivated. They also said they would the rulings.
Two days earlier, the same court sentenced another activist, Zhazira Qambarova, to two years of "freedom limitation" on the same charge.
Several activists across the Central Asian nation have been handed "freedom limitation" sentences for their involvement in the activities of the Koshe Party and DVK, as well as for taking part in rallies organized by the two groups.
The DVK is led by Mukhtar Ablyazov, the fugitive former head of Kazakhstan’s BTA Bank and an outspoken critic of the Kazakh government. Kazakh authorities labeled the DVK extremist and banned the group in March 2018.
Human rights groups have said that Kazakhstan's law on public gatherings contradicts international standards as it requires preliminary permission from authorities to hold rallies.
It also envisions prosecution for organizing and attending unsanctioned demonstrations even though the nation's constitution guarantees its citizens the right of free assembly.
- Impact of Event
- 2
- Gender of HRD
- Woman
- Violation
- Judicial Harassment, Restrictions on Movement
- Rights Concerned
- Freedom of movement, Right to political participation
- HRD
- Pro-democracy defender, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Mar 1, 2021
- Event Description
Vietnamese land-rights activist Trinh Ba Phuong is being held in a state-run mental hospital after being transferred from his former detention center, according to his wife, who was informed of his whereabouts on Monday.
After visiting Hanoi police on March 22 to ask about her husband, Phuong’s wife Do Thi Thu was told he had been sent to the hospital in Hanoi’s Thuong Tin district for “evaluation” after refusing to cooperate with investigators, Thu told RFA on Monday.
“It was [investigating officer] Le The Bac who told me in person that my husband had been sent to the National Psychiatric Hospital No. 1 on March 1,” Thu said, adding she was told that her husband had been “uncooperative” with police, refusing to look at his interrogators or answer their questions.
“Because of this behavior, prosecutors asked that an assessment of Phuong’s health be carried out for around four to six weeks,” Thu said she was told.
Investigators had previously summoned Phuong’s family members on Sept. 3, 2020 to ask about Phuong’s behavior at home and whether there was a history of mental illness in the family, Thu said. “I told them that when he was at home, Phuong was healthy and loved his wife and children, and that there is no one in my family with mental health problems.”
“Then, in December, Phuong asked someone to call me, and that person told me that Phuong had said he would uphold his right to silence until he could see his lawyer. That person also said that Phuong wanted to remind us not to say anything to police ourselves, as we too have the right to silence.”
Calls seeking comment from the National Psychiatric Hospital No. 1 were answered by a receptionist who said she did not know of any patient there named Trinh Ba Truong and that there were over 600 patients in the hospital.
Calls to the hospital’s General Planning Department were not picked up on Monday.
The right to maintain silence
Speaking to RFA, Phuong’s defense attorney Dang Dinh Manh said his client was within his rights under Vietnam’s Criminal Code “not to give testimony against himself or to plead guilty,” adding that he plans to file a complaint in the case with prosecutors and the Hanoi Security Investigation Office.
“The Criminal Code stipulates that defendants have the right to maintain silence,” the lawyer said. “Thus I was very surprised to hear that not giving responses [to investigators] should be taken as a sign of mental illness and that ‘assessments’ are needed.”
“Because I got this information from Phuong’s family and not in an official notice given to me as his lawyer, I’ll ask the Security Investigation Office to confirm it," he said.
"And if they do, I’ll take further legal steps which could include filing a complaint about Phuong’s transfer for health assessments without legal justification."
A well-known land-rights activist in Hanoi, Trinh Ba Phuong was arrested on June 24, 2020 with his younger brother, Trinh Ba Tu, and his mother, Can Thi Theu, on charges of “creating, storing, and disseminating information, documents, items and publications opposing the Socialist Republic of Vietnam.”
The three family members had been outspoken in social media postings about the Jan. 9, 2020 clash in Dong Tam commune in which 3,000 police stormed barricaded protesters’ homes at a construction site about 25 miles south of the capital, killing a village elder.
They had also offered information to foreign embassies and other international figures to try to raise awareness of the incident.
While all land is ultimately held by the state, land confiscations have become a flashpoint as residents accuse the government of pushing small landholders aside in favor of lucrative real estate projects, and of paying too little in compensation to farming families displaced by development.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to healthy and safe environment
- HRD
- Land rights defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Feb 28, 2021
- Event Description
At least 18 were killed and dozens injured and arrested on Sunday as Min Aung Hlaing’s regime intensified a brutal crackdown on peaceful protests across the country, marking the deadliest day since the start of the uprising against the February 1 coup.
Even after days of steadily escalating attacks by police and soldiers, protesters in Yangon, Dawei, Mandalay, Bago and other cities took to the streets in their tens of thousands.
The demonstrators, many of whom were in their 20s and 30s, have braved gunfire, stun grenades, water cannon and vicious beatings in recent weeks.
Myanmar Now has independently confirmed at least 10 of Sunday’s deaths but Ravina Shamdasani, a spokesperson for the UN Human Rights Office, said in a statement that at least 18 had been killed so far.
“Deaths reportedly occurred as a result of live ammunition fired into crowds in Yangon, Dawei, Mandalay, Myeik, Bago and Pokokku,” the statement said. Thousands poured into the streets even as the junta intensified its deadly attacks against protesters. (Myanmar Now)
Thousands rallied at Yangon’s Hledan junction on Sunday morning around 9am, with frontline protesters wearing goggles and gas masks. Within minutes police began attacking the crowd with stun grenades, and then began shooting their guns.
At least two protesters were killed in the morning in the area, which has been a major rallying point during three weeks of daily demonstrations.
Three Myanmar Now reporters witnessed one of the killings while sheltering in a building across the street.
They saw a young man get shot in the chest and fall to the ground, where he lay in a pool of blood until he was carried away by other protesters. He passed away at a nearby hospital.
He has been identified as 23-year-old Nyi Nyi Aung Htet Naing. The man’s blood-stained shirt had the words "Spring Revolution" printed on it, a reference to the Arab Spring and a name that many protesters have given to this month’s uprising.
Protesters in Yangon erect barricades to protect themselves against attacks by police and soldiers (Myanmar Now)
Another young man named Zin Lin Htet died from a gunshot wound during the attack at Hledan.
In Yangon’s Kyimyindaing neighbourhood, security forces broke up a protest led by school teachers and shot a female middle-school teacher dead.
Myo Thu, one of the teachers who joined the protest, told Myanmar Now security forces threw tear gas and shot live ammunition as the teachers were preparing to march.
“We were in front of the education office from 8am and people were still gathering to start marching,” he said. “We hadn’t even done anything yet, but they just came at us and did the crackdown.”
Mya_5856.Jpg
A protester was beaten up and detained by police on Bargayar Road in Sanchaung township in Yangon on February 28. (Myanmar Now)
Defiant
The middle school teacher was shot in her elbow and lost consciousness, her friends said.
“She had heart disease,” Myo Thu said. “She fainted after getting shot. An emergency team in the area helped us bring her to a place where she could receive treatment. But she died on the way.”
Her body was taken to the morgue at the Yangon General Hospital, he added.
Another death and five other injuries were reported in Thingangyun, but Myanmar Now was unable to confirm further details.
Security forces opened fire on the protesters on Bargayar Road in Sanchaung township on February 28.
Even as attacks against protesters intensified, thousands remained in the streets and regrouped wherever they were able to. Some blocked off roads with makeshift barricades.
Footage broadcast by Mizzima TV showed one man who appeared to have been shot in the leg flashing a three-finger salute as he was carried away by medics on a stretcher.
The Yangon General Hospital emergency department, which had been closed for weeks amid a nationwide general strike aimed at crippling the junta, was back in operation “out of necessity” on Sunday, a doctor said.
A man seen at a hospital in Mandalay after being shot in the head. He was pronounced dead shortly afterwards
Medics, who have been at the forefront of mass work stoppages, made a collective decision to reopen the hospital to treat Sunday’s wounded while continuing to disobey any orders from the military regime.
In the southern city of Dawei, three male protesters were killed during numerous attacks by police. One was shot in his lower right ribs, Dawei Watch reported.
Video footage showed security forces repeatedly shooting at protesters who were off screen.
At least 12 were injured by gunfire and admitted to different clinics and hospitals in the city, said Pyae Zaw Hein, an emergency worker there.
“At certain points we were trapped amid the crackdowns,” he told Myanmar Now. “It was terrible.”
2.Jpg
A woman with blood pooling around her head is seen lying dead on a street in Mandalay
Residents detain police
In Mandalay, at least three were killed, including two who were shot in the head. At least 10 others were shot by security forces and injured.
About 1,000 healthcare workers were preparing for a march inside a hospital in the city in the morning when they were trapped inside by security forces.
Residents who came to support the healthcare workers were attacked with tear gas. Doctors managed to escape from the hospital later in the afternoon.
At one point in the afternoon, residents detained five police officers who were riding in an unmarked car that was loaded with ammunition. Soldiers later showed up and took the officers away.
A man was injured after security forces shot protesters in the town of Dawei in southern Myanmar. (Myanmar Now)
No deaths have been confirmed so far in the capital Naypyitaw despite a heavy presence of police and soldiers and at least four arrests.
Those arrested on Sunday included at least six journalists. Shin Moe Myint, a 23-year-old freelance photojournalist, was beaten by several police officers before being taken away.
A reporter from the Myay Latt Voice news outlet in Pyay was injured by rubber bullets before being arrested.
At least seven journalists, including Myanmar Now’s multimedia reporter Kay Zon Nway, were arrested across the country on Saturday.
Two of them were briefly detained and later released. Another reporter from 7Day went missing on Saturday afternoon and it was later reported they had been arrested.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Killing, Use of Excessive Force, Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Media Worker, Pro-democracy defender, Youth
- Perpetrator-State
- Armed forces/ Military, Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Feb 28, 2021
- Event Description
During the protest at the 1st Infantry Regiment headquarters, 23 people were arrested, 4 of whom were minors. They were charged with violating the Emergency Decree and the Communicable Diseases Act, and resisting arrest, among other charges, and were reportedly assaulted during the arrest.
Sainam, 16, was arrested at the Shell gas station opposite the 1st Infantry Regiment, and was also assaulted.
Sainam said that he arrived at around 21.00 and was trying to get to the protest side from the Din Daeng side, but the road was blocked by riot control police, so he tried to get through to the other side by catching a ride with another protester. When he got to the Veterans General Hospital, the riot control police were already trying to take control of the area, so he crossed over to the gas station.
He said he doesn’t know why the riot police were using rubber bullets and assaulting protesters, and that there were many people gathered at the gas station, including volunteer medics and injured people. He also said that the protesters were not obstructing the roadway as they were all on the footpath.
Sainam said that he was shot by a rubber bullet as he was helping another protester up, and that the riot police then pushed him to the ground, kicked him, and beat him with batons.
“A while after that, they held onto me and tied my arms up behind my back, and then they kicked me a bit more, and then they asked me ‘Why did you hurt my friends? Why did you hurt my friends?’ I said I didn’t do anything, because I just got there, but they didn’t care, and they continued to stamp on me and repeatedly asked me ‘Where are your friends?’ Sainam said.
Sainam said that a plainclothes police officer who knew him came by after that, and told the riot police to back down. Sainam was then carried off to another location. He was held to the ground and searched.
He said that he was being held along with a few other protesters by the Veterans General Hospital, and that he saw the other protesters beaten and all were tied up. He also said that everyone who was being held with him was assaulted.
Sainam and three other minors were then taken to Sutthisan Police Station, while 18 others were taken to the Border Patrol Police Region 1 headquarters. He was charged with assaulting an officer, joining an assembly, and violating the Emergency Decree. Everyone was later released on bail.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Use of Excessive Force, Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Feb 28, 2021
- Event Description
Nearly every main voice of dissent in Hong Kong is now in jail or exile, after Hong Kong police charged 47 pro-democracy campaigners and politicians with conspiracy to commit subversion. All face life in prison if convicted.
The group comprises most of the 55 people arrested last month, over primary polls held last year, in a dawn raid that marked the single biggest operation conducted under the controversial and draconian national security law.
On Sunday, the police force said all but eight had been charged with a single count, and would be detained ahead of court mentions on Monday morning.
The European Union’s office in Hong Kong said the charges made clear that “legitimate political pluralism will no longer be tolerated in Hong Kong”, and called for the immediate release of the detainees. Both Human Rights Watch and Amnesty International accused authorities of using the national security law to silence critics, called for all charges to be dropped.
Those arrested include young campaigners, activists, and local councillors, as well as established politicians such as Claudia Mo, Eddie Chu Hoi-dick and Ray Chan. The activist and former politician Joshua Wong is already in jail, serving 13 months on protest-related charges.
The mass charge had been feared since the individuals were told on Friday to report to police a month earlier than previously instructed. Many began making preparations on the expectation they would be charged and denied bail, including spending time with family, arranging care for their pets, and buying comfortable clothes for prison.
Local media reported the Democratic party legislators James To and Roy Kwong, and the American lawyer John Clancey, were among the eight not charged on Sunday. Clancey told reporters his bail was extended to 4 May, and said Hong Kong was increasingly like living in a detention centre, “with the freedoms and rights of people being constrained more and more”. Speaking outside the police station before going inside, Jimmy Sham, a key organiser of the 2019 protests, said they would remain strong and continue fighting. “Democracy is never a gift from heaven. It must be earned by many with strong will,” he said. “We can tell the whole world, under the most painful system, Hon
Many of those charged left messages to their supporters on social media.
The charge is the first for Claudia Mo, 64, a former journalist and outspoken pro-democracy legislator who resigned with colleagues in protest last year. “I maybe physically feeble, but I’m mentally sturdy,” she wrote on Facebook on Sunday.
“No worries. We all love Hong Kong yah.”
Chu said he was grateful to the people of Hong Kong for the opportunity to contribute, and was “deeply honoured” to be charged over their common ideals.
The former legislator Kwok Ka-ki said: “Prisons can isolate us, but they cannot stop us from connecting with each other and taking care of each other; chains can lock our bodies but can’t hold our minds and souls!
“Stay calm and carry on. This too shall pass! Remember: it is not hope to hold on, it is persistence to have hope!”
The charges stem from unofficial primaries held last year by the pan-democrat camp in an attempt to find the strongest candidates to run in Hong Kong’s election and win a majority in the legislative council. The mass protest movement of 2019 and the brutal crackdown by authorities had driven greater support towards the pro-democracy side of politics, and in district council elections in late 2019 they won the vast majority of seats. More than 600,000 Hongkongers turned out to vote in the polls.
But at the time of the arrests, the Hong Kong security secretary, John Lee, told local media those arrested had aimed to “paralyse” the city’s government with their plan to win the election and block legislation. He referred to an earlier published editorial by the organiser of the primaries, the legal scholar Benny Tai, as evidence of a premeditated and “vicious” plan to “sink Hong Kong into an abyss”.
In an earlier social media post on Sunday, Tai wrote: “My chance of bail won’t be too great.”
The election was ultimately postponed for a year, ostensibly because of the pandemic. Since that time, the Beijing and Hong Kong governments have introduced numerous new impediments to opposition candidates winning, or even running in the elections. Last week, they announced rules requiring all politicians and candidates pledge an oath of loyalty to the rule of the Chinese Communist party and swear not to act against the government, or face disqualification.
Officials said the new laws would ensure that only “patriots” could govern Hong Kong, with one spelling out that patriotism meant loyalty to the Communist party.
The laws are the latest efforts by authorities to wipe out dissent in Hong Kong, using the sweeping national security law imposed by Beijing last June, with the blessing of the Hong Kong government. At least 99 people have been arrested under the law so far, which is broadly defined to outlaw acts of subversion, secession, collusion with foreign forces and terrorism.
- Impact of Event
- 47
- Gender of HRD
- Man, Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security, Right to political participation
- HRD
- Pro-democracy defender, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Feb 28, 2021
- Event Description
People have taken to the streets in cities and town across Kazakhstan to press for democratic reforms.
Police were reported to have detained dozens of people at the rallies on February 28, nearly all of which were not officially sanctioned by authorities.
The ruling Nur Otan party has dominated the political scene in Kazakhstan for almost three decades while opposition movements, sidelined and with no seats in parliament, mostly make themselves heard through public protests.
Rallies were held in several cities including the capital, Nur-Sultan; Almaty, the country's biggest city; as well as Atyrau, Aqtobe, Semey, Oral, and Shymkent.
Several hundred people gathered in Oral, which was the only demonstration permitted by authorities.
Elsewhere, police detained many who turned out. A Reuters correspondent reported seeing police detain at least 50 people near a park in central Almaty.
Dozens of people who rallied in another location in Almaty could be seen completely surrounded by police in black balaclavas and riot gear.
"Nazarbaev, go away," chanted some protesters, referring to influential ex-President Nursultan Nazarbaev, who has retained sweeping powers after resigning almost two years ago and helped to ensure the election of a hand-picked successor.
The rallies were organized by two opposition groups, the Democratic Party and Democratic Choice of Kazakhstan, who said among their demands would be land reforms.
President Qasym-Zhomart Toqaev on February 25 proposed a ban on the purchase and renting of farmland by foreigners ahead of the expiration of a moratorium on land sales.
Toqaev said that "in order to stop rumors" he had ordered the drawing up of an outline of a law "banning the buying and renting of Kazakhstan's farmlands by foreign persons and companies."
"The land issue has always been very important for our nation. It is a fundamental and sacred symbol of our statehood.... I also ordered to form a commission on land reform by March 25," Toqaev said.
The government's moratorium on farmland sales to foreigners is set to expire later this year.
The five-year moratorium was introduced in 2016 after thousands demonstrated in unprecedented rallies across the tightly controlled Central Asian state, protesting the government's plan to attract foreign investment into agriculture by opening up the farmland market.
The protests stopped after the government withdrew the plan, but two men who organized the largest rally in the western city of Atyrau, Talghat Ayan and Maks Boqaev, were sentenced to five years in prison each after being found guilty of inciting social discord, knowingly spreading false information, and violating the law on public assembly.
Ayan was released on parole in April 2018, and Boqaev was released earlier this month.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Pakistan
- Initial Date
- Feb 28, 2021
- Event Description
A court notice published in The Daily Jang newspaper on February 28 has levelled allegations of criminal conduct against the secretary general of the Pakistan Federal Union of Journalists (PFUJ). The International Federation of Journalists (IFJ) and its Pakistan affiliate the Pakistan Federal Union of Journalists (PFUJ) express concern at attempts to silence the voice of the union leader.
The Karachi-based Urdu newspaper published the warrant notice against Rana Muhammad Azeem, which according to the daily newspaper was a paid notice by the court. The notice also detailed the personal address and telephone number of the leader.
The PFUJ strongly condemned the alleged registration of a case against its secretary general and urged the concerned authorities to look into the “allegedly false case made in an effort to silence the leaders’ voice for the rights of the media workers”. It also said that Rana Azeem had been tagged with some other renowned persons for criticism on the national media channel during a talk show.
The notice with the signature of second Additional District and Sessions Judge, Ashraf Hussain Khawaja, alleges that Rana Azeem committed a crime or is believed to commit a crime ‘punishable’ under Pakistan Penal Code yet fails to detail the alleged crime. The notice also refers to the leader as a guest and analyst of the television show “Kahra Sach”, which he has been a regular commentator on over several years.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Judicial Harassment, Vilification
- Rights Concerned
- Right to fair trial, Right to healthy and safe environment, Right to protect reputation
- HRD
- Labour rights defender, Media Worker
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Related Events
- Pakistan: unionist subject to smear campaign, doxxing
- Country
- Myanmar
- Initial Date
- Feb 27, 2021
- Event Description
Myanmar's military authorities have charged an Associated Press photographer and five other journalists over their coverage of anti-coup protests, their lawyer said on Wednesday.
AP photographer Thein Zaw, 32, was arrested on Saturday as he covered a demonstration in Myanmar's commercial hub Rangoon.
The country has been in uproar since February 1, when the army detained Aung San Suu Kyi and other civilian leaders, ending Myanmar's brief experiment with democracy and sparking protests far and wide.
Thein Zaw's lawyer said he and five other Myanmar journalists had been charged under a law against "causing fear, spreading false news or agitating directly or indirectly a government employee".
The junta amended the law last month, to increase the maximum sentence from two years to three years in jail.
"Ko Thein Zaw was simply reporting in line with press freedom law -- he wasn't protesting, he was just doing his work, the lawyer, Tin Zar Oo, said, adding that all six were being held at Insein prison in Rangoon.
The other five journalists are from Myanmar Now, Myanmar Photo Agency, 7Day News, Zee Kwet Online news and a freelancer, according to AP.
AP's vice-president of international news Ian Philips called for Thein Zaw's immediate release.
"Independent journalists must be allowed to freely and safely report the news without fear of retribution," he said.
"AP decries in the strongest terms the arbitrary detention of Thein Zaw."
Since the coup, authorities have steadily stepped up their tactics against anti-military protesters, deploying tear gas, water cannon and rubber bullets, as well as isolated incidents of live rounds.
Sunday was the bloodiest day since the military takeover, with the UN saying at least 18 protesters were killed across the country. AFP independently confirmed 11, adding to five killed in earlier incidents.
According to the Assistance Association for Political Prisoners (AAPP) monitoring group, more than 1,200 people have been arrested since the coup, with about 900 still behind bars or facing charges.
But the real number is likely far higher -- state-run media reported that on Sunday alone more than 1,300 people were arrested.
AAPP says that 34 journalists are among those detained, with 15 released so far.
"This repression is obstructing the flow of accurate information and news," AAPP said, adding that journalists were being subjected to "violent attacks" despite having clear credentials.
The most recent confirmed arrest came Monday, when a Myanmar journalist with broadcasting service Democratic Voice of Burma (DVB) live-streamed a late-night raid on his home.
The footage -- posted on DVB's Facebook page -- appeared to show loud bangs outside his apartment building as he pleaded with authorities not to shoot.
- Impact of Event
- 6
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Bangladesh
- Initial Date
- Feb 26, 2021
- Event Description
Hundreds of people in Bangladesh took part Saturday in a second day of demonstrations sparked by the death of a writer at a high-security prison in a case that has drawn international concern.
Protesters marched at the University of Dhaka chanting slogans condemning the government's treatment of Mushtaq Ahmed as well as other dissident writers, journalists and activists.
Another protest was staged at the National Press Club.
Demonstrators demanded the scrapping of Bangladesh's hardline Digital Security Act (DSA) under which Ahmed was imprisoned. The law has been used to crack down on dissent since it was enacted in 2018.
Security forces clashed with students in Dhaka on Friday night. Police said six people were arrested while activists said at least 30 were injured.
Ahmed collapsed and died at Kashimpur High Security Prison late Thursday. He was first detained in May after criticizing on Facebook the government's handling of the coronavirus pandemic.
The 53-year-old, a crocodile farmer and a writer known for his satirical style, was charged with spreading rumors and conducting "anti-state activities."
Protesters have called his death a "custodial murder" after he was denied bail six times in 10 months.
"Mushtaq Ahmed's death was not a normal death. We'll say it was a murder," said Manisha Chakraborty, a protester with a left-wing group.
Demonstrators said they would march to the office of Prime Minister Sheikh Hasina carrying a coffin later Saturday.
Facing international questions on the case, authorities have ordered a probe into Ahmed's death, senior government official S.M. Tarikul Islam told AFP.
"We formed a committee to probe whether there was negligence by jail officials or procedures in his treatment," Islam said.
Thirteen ambassadors from countries including the United States, France, Britain, Canada and Germany have expressed "grave concern."
"We call on the government of Bangladesh to conduct a swift, transparent and independent inquiry into the full circumstances of Mr. Mushtaq Ahmed's death," the ambassadors said in a statement released late Friday.
They said their countries would be following up over "wider concerns about the provisions and implementation of the DSA, as well as questions about its compatibility with Bangladesh's obligations under international human rights laws and standards."
Rights groups have also raised concerns about the case.
The New York-based Committee to Protect Journalists (CPJ) called for "a swift, transparent and independent investigation", while PEN America said authorities should drop charges against Kabir Kishore, a cartoonist who was detained along with Ahmed.
The CPJ said Kishore passed a note to his brother during a hearing this week stating that he had been subjected to severe physical abuse in police custody.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Pro-democracy defender, Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Feb 26, 2021
- Event Description
A Japanese freelance journalist in Myanmar said Friday he was detained by security forces while covering anti-coup protests in the country's largest city Yangon, but he was released hours later and he did not suffer any injuries.
Local media showed pictures of Yuki Kitazumi, with a camera around his neck, walking out of the gates of the Sanchaung township police station after 4 p.m. Kitazumi was detained around noon Friday.
The former reporter for the Tokyo-based Nikkei business daily who lives in Yangon, told a group of reporters and others outside the gate, "Thank you very much (and) for all of your friends who tried to help me....I'm OK, I'm safe."
He said that one of around six protesters still detained inside the station asked him to convey to friends and family waiting outside that they too were safe.
"I hope all the prisoners will be released, not only me," he said.
As for the reasons given for his detention, Kitazumi said in English, "They said they did not know I'm journalist. That is their explanation. But I had a helmet with sticker of the press, so I don't think their explanation is right."
Although the military has banned gatherings of five or more people, demonstrations are continuing in various places in the country.
State TV news said that 31 people were arrested in Yangon and 39 in the second-largest city Mandalay on Friday and that legal action would be taken against them. It said the protesters were violent and attacked riot police.
The security forces fired shots and tear gas to disperse protesters in Yangon.
Further raising tensions in the city, thousands of supporters of the military marched in the downtown on Thursday morning.
After locals banged pots and pans to register their displeasure with the apparently organized march, some of them were attacked by pro-military protesters with slingshots and stones.
During the series of demonstrations than began on Feb. 6, three protesters have been shot dead by security forces in the capital Naypyitaw and Mandalay.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Armed forces/ Military
- Source
- Monitoring Status
- Pending
- Country
- Bangladesh
- Initial Date
- Feb 26, 2021
- Event Description
Ruhul Amin, Coordinator of the Shramik-Krishak-Chhatra-Janata Oikya Parishad(Workers-Peasants-Students-People’s Unity Council), was picked up from his home in Khulna on26 February 2021 by some members of a law enforcement agency in plainclothes, for posting on Facebook, criticising the government over the death of Mushtaq Ahmed. Later, a case was filed against him under the Digital Security Act, 2018 with Khalishpur Police Station in Khulna. The case alleged that he was spreading propaganda on Facebook in order to cause confusion and tarnish the image of the state and the government’s reputation;to try to create animosity, instability and chaos among the people and to disrupt law and order.The court granted him two-day remand in police custody for interrogation.59It is to be noted that there are widespread allegations of torture by members of law enforcement agencies in the name of interrogation during remand.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online, Right to healthy and safe environment, Right to liberty and security
- HRD
- NGO staff
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Feb 25, 2021
- Event Description
Ms. Supriya Jaikaew, pro-democracy WHRD and administrator of Free Youth student group from Chiang Rai (the capital city of the eponym province in northern Thailand) was charged with lèse-majesté and Computer Crime Act and subsequently arrested, before being granted bail at around midnight. According to TLHR, this marked the 60th lèse-majesté case filed against pro-democracy defenders since late November 2020.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Pro-democracy defender, Student, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Feb 24, 2021
- Event Description
Police and soldiers in Naypyitaw’s Pyinmana township tried once again to arrest journalists covering anti-coup protests on Wednesday, forcing them to flee to avoid capture.
A group of about five reporters were covering a protest march in front of a public high school when security personnel told them to stop filming. “A [police truck] came, and while we were filming it another one arrived and they asked us what we were filming,” said one of the journalists.
One person from within the vehicle shouted “arrest them!” added the journalist, who requested anonymity. “We had to run.” One journalist dropped his video camera and had to leave it behind as he fled, while another cut himself when he fell over.
“I was able to run into a house nearby,” another journalist told Myanmar Now. “We heard them say, ‘What are you shooting? Arrest them!’”
In a similar incident on Monday security forces in the city aimed their guns at a group of journalists who were reporting on the massive 22222 general strike, in which millions participated across the country. The journalists ran away to evade arrest.
Wednesday’s protests - which were relatively subdued compared to Monday’s enormous turnout - were the 19th consecutive day of demonstrations against the military regime.
The day passed with little violence against protesters despite recent threats broadcast on MRTV that people out on the streets could “suffer the loss of life”.
Min Aung Hlaing’s regime, which has been hobbled by nationwide work stoppages, has threatened to withdraw publishing licenses from media outlets that refer to his illegal February 1 power grab as a coup.
Twenty-four of the 26 members of the Myanmar Press Council have resigned since the coup, saying they were unable to protect press freedom and uphold media ethics under a military regime.
Japanese_embassy_.Jpg Security forces block the road in front of the Japan Embassy on Wednesday (Myanmar Now) Security forces block the road in front of the Japan Embassy on Wednesday (Myanmar Now)
In Yangon on Wednesday police charged with their shields raised at a crowd of around 20 protesters who were demonstrating in front of the Japanese embassy on Natmauk road in Tamwe township, forcing them to flee.
A police officer had earlier warned reporters covering the protest that “the situation is not good - you shouldn’t stay around here.”
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Feb 23, 2021
- Event Description
A court in Hong Kong on Tuesday denied an application for bail from jailed democracy activists Agnes Chow and Ivan Lam pending their appeal against their sentence on charges related to "illegal assembly" during a mass siege of police headquarters on June 21, 2019.
Chow, who looked thinner and paler than in previous court appearances, wiped away tears in court as High Court judge Andrew Chan said he would be referring the case to the Court of Appeal, effectively denying the application for bail.
Some supporters shouted out encouragement to Chow, while Lam made the five-finger gesture of the 2019 pro-democracy movement representing five demands made by protesters, including fully democratic elections, an amnesty for jailed protesters, and accountability for police violence.
The hearing was also attended by outspoken Cardinal Joseph Zen. Police officers cordoned off the area around the court entrance with traffic barriers, and journalists weren't allowed to get close enough to take photos.
Lawyers for Lam and Chow later said the pair will both serve out their sentences, with Lam due to be released in April and Chow in June.
Chow, 24, was sentenced to seven months' imprisonment in Dec. 2 after pleading guilty to charges relating to "illegal assembly."
She was taken after sentencing to the medium-security Lo Wu Correctional Institution near the border with mainland China, but was later transferred to the Tai Lam Women's Correctional Institution, a Category A facility.
Category A prisoners, of whom there are only a few hundred in a city of seven million, are often people who have been convicted of murder or drug trafficking.
Fellow activist and former 2014 student leader Joshua Wong, who co-founded the now-disbanded political party Demosisto with Chow, is also believed to have been placed in Category A.
Fellow activists Joshua Wong, 24, and Lam, 26, were jailed for 13-and-a-half-months and seven months respectively by the West Kowloon District Court on Dec. 2, 2020.
All three defendants pleaded guilty to charges of "inciting others to take part in an illegal assembly" and "taking part in an illegal assembly," and their sentences were reduced in recognition of the guilty plea.
Oaths of allegiance
Meanwhile, the Hong Kong authorities are gearing up to require sitting members of the District Council to take an oath of allegiance to Hong Kong.
Secretary for mainland and constitutional affairs Eric Tsang said politicians whose oaths were deemed "insincere" would be stripped of their seats on the council.
Pro-democracy candidates swept to a landslide victory in the last District Council elections in November 2019, which came after several months of mass protest over Hong Kong's vanishing freedoms.
"The law will fulfill the constitutional responsibility of the government," Tsang said.
"You cannot say that you are patriotic but you do not love the leadership of the Chinese Communist Party or you do not respect it - this does not make sense," Tsang added. "Patriotism is holistic love."
The move came a day after a top ruling Chinese Communist Party (CCP) official in charge of Hong Kong said that only patriots should be allowed to hold public office.
Under the draft legislation, any district councilor who fails the loyalty test will be sent to court for formal disqualification, and banned from taking part in elections for five years.
Mass disqualifications
Political commentators have warned that the authorities are gearing up for the mass disqualification of opposition politicians from the council, who currently hold nearly 90 percent of seats.
Tsang said four district councilors -- Lester Shum, Tiffany Yuen, Fergus Leung, and Tat Cheng -- have already been earmarked for disqualification.
“The returning officers at the time have already concluded that the four do not genuinely uphold the Basic Law. So theoretically speaking, they won’t be qualified to stay on as district councillors," Tsang told reporters in comments reported by government broadcaster RTHK.
A recent poll by the Hong Kong Public Opinion Research Institute (PORI) found that several different measures of freedom in Hong Kong were at their lowest level since the handover.
Academic freedom, freedom of association, and freedom of movement all dropped to their lowest ebb in a survey carried out in early February 2021, while press freedom and freedom of speech also returned low scores.
HKPORI deputy chief executive Chung Kim-wah said the freedom of movement figure reflects people's concerns over growing entry and exit controls at Hong Kong's borders, particularly after China said it would no longer recognize the British National Overseas (BNO) passport.
"First they were talking about countermeasures and non-recognition, and then we had the announcement that the BNO wouldn't be accepted as a travel document any more," Chung told RFA. "There were also rumors that there would be restrictions on people trying to leave."
"Our survey conducted at the beginning of this month reflects people's feelings on the BNO [issue]," he said.
Following the imposition of the national security law in Hong Kong, the U.K. launched an immigration scheme for BNO passport-holders that offers a potential pathway to work, study, and eventual citizenship to around five million of Hong Kong's seven million residents, drawing Beijing's ire.
Crackdown on dissent, opposition
The CCP imposed the draconian National Security Law for Hong Kong on the city from July 1, 2020, ushering in a crackdown on peaceful dissent and political opposition.
The law was described as "one of the greatest threats to human rights and the rule of law in Hong Kong since the 1997 handover" by legal experts at Georgetown University's Asian Law Center.
The report found that the authorities "have made vigorous use of the [law] over the past seven months, with over 100 arrests by the newly-created national security department in the Hong Kong police force."
"The vast majority of initial ... arrests would not be considered national security cases in other liberal constitutional jurisdictions," the report said.
It said there are "serious concerns" that the law is being used to suppress the basic political rights of Hong Kong residents.
"Prosecution of individuals for exercising their rights to free expression, association, or assembly ... violate Hong Kong and Beijing’s commitments under international human rights law," it said.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial
- HRD
- Pro-democracy defender, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Feb 23, 2021
- Event Description
Kazakh activist Qanat Zhaqypov has gone on trial in the Almaty region for having links with the banned unregistered opposition Koshe (Street) party.
Zhaqypov told the court after the trial began on February 23 that he was one of the organizers of the Koshe party and actively participated in its activities until it was officially banned in May 2020.
"After the ban, I stopped any connection with the party and continued to propagate democratic values by other means not linked to the party," Zhaqypov said.
Journalists were not allowed in the courtroom due to coronavirus restrictions, and were provided with an opportunity to follow the trial online.
Zhaqypov's supporters, who also were not allowed to attend the trial, protested inside the court's hall, but left the site after officials promised them that they would be able to follow the trial online when its resumes on March 3.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of association, Offline
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Feb 22, 2021
- Event Description
Nearly two dozen anti-coup protesters were reportedly arrested by military personnel and police on Monday morning after tens of thousands of anti-military regime protesters joined the nationwide “22222” general strike in the nation’s capital, Naypyitaw, according to witnesses.
Anti-coup protesters were forced to disperse by security forces in Pyinmana while the protesters were en route to the capital Naypyitaw, home to the top Union government offices and the headquarters of the military.
Currently, major entry points to Naypyitaw and the major streets in Pyinmana are heavily guarded by military personnel and police forces.
In some quarters of Pyinmana Township, police violently dispersed anti-coup protesters and forcibly pushed them into prisoner transport vehicles and police trucks, according to live broadcasts by residents.
According to the residents, security officials arrested at least 10 people in Naypyitaw’s Ottara Thiri Township, five in Zabu Thiri Township and at least five in Pyinmana Township. Hundreds of protesters are currently hiding in nearby houses and monasteries.
A person who participated in the rally told The Irrawaddy he saw five police trucks packed with protesters.
A reporter who escaped the scene said security forces also tried to seize cameras from journalists and targeted them for arrest. She said, “An army officer even shouted to his subordinates to arrest the journalists, and to take our cameras from us, while chasing anti-coup protesters.”
Millions of people across the country have joined the “22222” general strike in opposition to the military regime since Monday morning.
- Impact of Event
- 20
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Use of Excessive Force, Violence (physical)
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Media Worker, Pro-democracy defender
- Perpetrator-State
- Armed forces/ Military, Police
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Feb 22, 2021
- Event Description
On 22 February, a court in the central city of Qaraghandy sentenced Kazakh activist, Asqar Nurmaghanov, to 18 months of "freedom limitation" -- a parole-like restriction -- after a court found him guilty of having ties with the Koshe party.
Kazakh authorities banned the party for having links with another outlawed grouping, the Democratic Choice of Kazakhstan (DVK) movement.
DVK is led by Mukhtar Ablyazov, the fugitive former head of Kazakhstan’s BTA Bank and an outspoken critic of the Kazakh government. Kazakh authorities labeled DVK extremist and banned the group in March 2018.
Several activists across the Central Asian nation have been handed "freedom limitation" sentences for their involvement in the activities of the Koshe Party and DVK, and for taking part in rallies organized by the two groups.
Human rights groups have said that Kazakhstan’s law on public gatherings contradicts international standards as it requires preliminary permission from authorities to hold rallies and envisions prosecution for organizing and participating in unsanctioned rallies even though the nation’s constitution guarantees its citizens the right of free assembly.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment, Restrictions on Movement
- Rights Concerned
- Freedom of association, Freedom of movement, Offline, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Nepal
- Initial Date
- Feb 22, 2021
- Event Description
Police have arrested 6 right activists on the charge of protesting for the justice of Nirmala Pant in Kanchanpur on February 22. Among the arrested were Sarada Chand, Anandi Rana, Laxmi Malla, Nirmala Joshi Bhatt, Khadak Bisht, and Mina Bhandari.
Right activities staged a symbolic protest demanding justice for Nirmala Pant, who was killed after being raped while Prime Minister KP Sharma Oli was laying the foundation stone of Daiji Chhela Industrial Area in Kanchanpur. They protested wearing a t-shirt with the caption " where is the murder of Nirmala Pant?".
- Impact of Event
- 6
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Feb 21, 2021
- Event Description
Barkha Dutt, who often reports for the Washington Post and runs a YouTube local news channel called MoJo Story, told RSF that she regards the accusation brought against her, in the form of a police “First Information Report” (FIR) on 21 February, as a “harassment attempt” and “pure intimidation.”
The accusation concerns Dutt’s coverage of the death of two teenage girls who are Dalits (members of the Indian group formerly known as “untouchables”). They were found poisoned in a field in Uttar Pradesh’s Unnao district after going missing on 17 February.
The FIR names Dutt’s Twitter account, @themojostory, along with seven other Twitter accounts, including those of several politicians who claimed the girls were sexually assaulted. The MoJo Story report never claimed this, but the FIR says it did. Dutt’s request for a copy of the FIR has been refused by the police, thereby preventing her from legally disputing the accusation.
Lumped together “The police are deliberately lumping together unverified comments by politicians with the MoJo Story’s rigorous journalistic reporting,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk. “This is clearly a case of judicial harassment aimed at silencing any independent investigative coverage of this case. We urge the Uttar Pradesh prosecutor’s office to immediately dismiss this accusation, which is not based on any credible evidence, and furthermore violates the criminal procedure code by denying Barkha Dutt access to the case.”
According to the police, Dutt is accused under criminal code article 153 of “wantonly giving provocation with intent to cause riot,” which is punishable by up to a year in prison. The police were almost certainly annoyed that her reporting included interviews with members of the family of the two murdered girls, who said the police pressured them to quickly cremate their bodies.
This is a highly sensitive claim coming just five months after the alleged gang-rape and subsequent death of a 19-year-old Dalit woman in Hathras, another Uttar Pradesh district, in September – a case that received a great deal attention throughout India, as RSF reported at the time.
Blocked access After the young woman died of her injuries in hospital, the police quickly cremated her body the next day, fuelling speculation that they wanted to destroy evidence. The police then blocked access to the district to prevent reporters from interviewing the family.
As she reported in a tweet at the time, Dutt tried to circumvent the police roadblock by walking several kilometres across fields but the police caught her, put her in a police van, and deposited her back on the road, outside the sealed-off area.
India is ranked 142nd out of 180 countries in RSF's 2020 World Press Freedom Index.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Feb 18, 2021
- Event Description
Authorities in the southern Chinese province of Guangdong have hauled in a rights activist for questioning after he started a signature campaign in support of mass popular protests against the military coup in Myanmar.
State security police in Guangdong's Huizhou city summoned activist Xiao Yuhui for repeated interrogations starting Feb. 18 and continuing into this week, RFA has learned.
The summons came after Xiao posted to a number of groups on the social media app WeChat condemning the Myanmar military coup.
"Xiao Yuhui was summoned to the police station ... he was there about half an hour [that time]," a person familiar with the matter who declined to be named told RFA.
"He's back home now, but the state security police have him in their sights, and they call him in at random," the person said.
Xiao, who was interrogated by police from the Luoxi district police station in Guangzhou, Hengli district police station in Dongguan, and Huizhou municipal police department, is now being pressured to remain in or near his home.
While in Huizhou city, some 30 kilometers away from his home in Hengli district, on Monday night, Xiao received repeated phone calls from officers at his local Yuantongqiao police station asking him to report to them.
Xiao made the trip home, eventually arriving in the early hours of Tuesday, where he was forced to write the guarantee before being released.
Dissident Wang Aizhong, who is based in Guangdong's provincial capital, Guangzhou, said she had heard similar news of Xiao.
"It was about supporting the people of Myanmar [against the coup]," Wang said. "I didn't see it personally."
Targeted before
She said Xiao has been targeted by state security police before.
"He was detained and held under criminal detention for several months at one point, so he's no stranger to being asked to 'drink tea'," she said, in a slang reference to being summoned by state security police.
Xiao, who was called back in by police on Tuesday morning, declined to comment when contacted by RFA following his release.
"Sorry, it's not convenient right now," he said, using a phrase often used by activists to indicate pressure from the authorities.
Rights activists said a number of WeChat users across China, including Qingyuan, Shenzhen, Jieyang, and other Guangdong cities, have been treated similarly since Feb. 18, for adding their names to Xiao's signature campaign.
A friend of Xiao's who asked to remain anonymous said the authorities had responded very quickly to Xiao's posts.
"He posted to the group calling for solidarity with Myanmar and the protests against the military coup," the friend said. "He got the call [from police] ... within hours [of posting]."
Xiao's earlier detention was linked to his online support for the Hong Kong protest movement.
He was detained by Guangdong police alongside an unnamed woman after he retweeted a WeChat on May 27, 2020 referring to an online letter-writing campaign by Hong Kong's pro-democracy newspaper the Apple Daily, in opposition to the national security law.
The draconian law was imposed on the city on July 1, 2020, and outlaws sedition, subversion, foreign interference, and activities supporting independence for Hong Kong.
It is currently being enforced by a newly established state security branch of the Hong Kong police, alongside a branch of China's feared state security police.
The woman was subsequently released on bail pending trial, but Xiao was held under criminal detention at the Huicheng district police station in Huizhou.
A veteran activist, Xiao has also previously helped vulnerable groups to defend their rights, as well as families targeted by family planning officials under the ruling Chinese Communist Party (CCP)'s "one-child" policy.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Online, Right to healthy and safe environment, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Feb 17, 2021
- Event Description
The Thandwe protesters, who had been demonstrating against the February 1 military takeover for eight days, were engaged in a sitting protest after a major road they planned to use for an anti-coup march was blocked by police.
“We were sitting and protesting peacefully when two or three guys in plain clothes arrived with the township administrator and the police and started arresting people,” said one woman who took part in the Thandwe protest.
“At first, the plainclothes officers pretended they were just taking photos, but then they started pushing people into a police truck,” she added.
Three people—a 17-year-old girl, a student in his 20s, and a man in his thirties—were arrested, she said.
- Impact of Event
- 3
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Pro-democracy defender, Student, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Feb 17, 2021
- Event Description
Soldiers and police fired into a housing compound for railway staff in Mandalay at around 9:45pm on Wednesday, according to a resident of the compound.
“They fired approximately 15 rounds of bullets,” the resident told Myanmar Now.
“We found live bullets and they also used tear gas. I don’t know who got injured. I am still hiding to protect my family,” he said.
Before the start of the nightly curfew at 8pm, a crowd of about 300 protesters gathered near Mandalay train station was dispersed by police without incident.
“We had already returned to our homes because of the curfew. They are doing this on purpose,” the source added.
Myanmar Now has been unable to confirm how many people, if any, were injured in the incident. A reporter was beaten and briefly detained, but released when he explained that he was a journalist
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment, Violence (physical)
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Media Worker, Pro-democracy defender
- Perpetrator-State
- Armed forces/ Military, Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Feb 17, 2021
- Event Description
The public prosecutor has yet to rule on whether to file a case against 18 people involved in the 19 – 20 September 2020 protests and has postponed the hearing to 8 March 2021; meanwhile four activists detained last week pending trial were once again denied bail.
Panupong Jadnok (left) and Panusaya Sithijirawattanakul (centre) walking from the Office of the Attorney General to the Criminal Court, as the lawyers will be posting bail for the four detained activists
18 people reported to the Office of the Attorney General on Ratchadapisek Road this morning (17 February). Of this number, three were charged with royal defamation under Section 112 of the Thai Criminal Code: Panusaya Sithijirawattanakul, Panupong Jadnok, and Jatupat “Pai Dao Din” Boonpattararaksa. The others were charged with sedition under Section 116 of the Criminal Code and with holding an assembly of 10 or more people under Section 215 of the Criminal Code.
Jatupat did not report to the Office of the Attorney General, as he is currently participating in the People Go Network’s walk from Nakhon Ratchasima to Bangkok to demand the release of Anon Nampa, Somyot Pruksakasemsuk, Patiwat Saraiyaem and Parit Chiwarak, who were detained last week pending trial on Section 112 charges.
Chukiat “Justin” Sangwong, one of the activists who reported to the Office of the Attorney General today, told Thai Lawyers for Human Rights (TLHR) that he is prepared for the public prosecutor to file charges against him and the possibility that he might be detained, and that while he does not feel particular pressured, he thinks that it is unfair for them to be facing charges.
Anon, Somyot, Patiwat, and Parit were also charged under the lèse majesté law for their speeches at the 19 – 20 September 2020 protest. The public prosecutor filed charges against them on 10 February, and they are now being detained pending trial. They were denied bail, meaning that they will be imprisoned indefinitely until the trial is over or unless they are granted bail.
TLHR reported that the four activists’ lawyer requested bail again today, but the request was once again denied on the ground that there is no reason to overrule the last court order. All four activists have been detained at the Bangkok Remand Prison for the past 9 days.
According to TLHR, at least 358 people are facing charges for involvement in the pro-democracy protests between 18 July 2020 – 16 February 2021.
- Impact of Event
- 4
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to fair trial, Right to Protest
- HRD
- Pro-democracy defender, Youth
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Feb 16, 2021
- Event Description
Kazakh activist Kenzhebek Abishev, who was jailed for being linked to a political movement founded by a fugitive tycoon, was not released from prison on February 16 as expected.
On February 1, the Qapshaghai City Court in southern Kazakhstan's ruled that Abishev can be released on February 16, more than three years early, for good behavior while in prison, a procedure allowed by Kazakh laws.
However, the Almaty regional prosecutor’s office appealed the ruling at the very last moment, arguing that the 53-year-old activist's good behavior in custody is not enough to warrant his early release since he still has more than three years to serve.
Abishev's lawyer, Gulnara Zhuaspaeva, told RFE/RL that the prosecutor's appeal was "baseless," since all inmates are entitled to benefit from early release for good behavior.
"Abishev was officially praised five times for his good behavior while in the penal colony, he received several letters of thanks from the colony's administration. His medical condition is also a serious reason for an earlier release," Zhuaspaeva said, adding that she will continue to fight for her client to be set free ahead of schedule.
Abishev was sentenced to seven years in prison in December 2018 after he and two other activists were found guilty of planning a "holy war" because they were spreading the ideas of the banned Democratic Choice of Kazakhstan (DVK) movement. His prison term was later cut by eight months.
Abishev, whom Kazakh rights groups have recognized as a political prisoner, pleaded not guilty, calling the case against him politically motivated.
The DVK was founded by Mukhtar Ablyazov, an outspoken critic of the Kazakh government who has been residing in France for several years.
Ablyazov has been organizing unsanctioned anti-government rallies in Kazakhstan via the Internet in recent years.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Nepal
- Initial Date
- Feb 16, 2021
- Event Description
Two youths were arrested from the protest against the government in Pyuthan district on February 16 . Pyuthan lies in Lumbini Province of Nepal.
As per the information received at Freedom Forum, cadres of the student wing of Nepali Congress party Tuna Ram Khatri and Sagar GM were arrested for protesting against the government. They have been reported that they chanted slogans against Prime Minister KP Sharma Oli, decrying his move to dissolve parliament.
Lately, political parties, leaders and their student wings have been protesting against the dissolution of the House of Representatives in Nepal. The case is currently in sub judice in court.
Freedom Forum has recorded many other incidents of violation of freedom of speech in different parts of country. A week back, a female youth leader was briefly detained for her speech. She was released after severe criticism.
Freedom Forum shows concern over the arrest of citizens for exercising their right to speech. It urges the concerned security agency to release them and respect their fundamental rights guaranteed by the constitution.
- Impact of Event
- 2
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to Protest
- HRD
- Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Feb 15, 2021
- Event Description
Yesterday, on 14 February the coup government passed the “Law Amending the Penal Code’ and the ‘Law Amending the Code of Criminal Procedure’. The recently passed Acts amend multiple articles of the colonial-era Penal Code. The Penal Code was already the most common legislation used to target political prisoners prior to the coup. Civil society had wanted the archaic legislation reformed, it has now become more arbitrary.
The recent amendments will be aimed at the civil disobedience movement, changing the definition and charge of high treason as well as further persecuting public assembly and disseminating information.
Some of these amendments include Section 121 which essentially could criminalize requesting international aid and/or support. Also Section 124A was substituted to cover ‘spoken and written signs’ which bring ‘contempt’ and such to the Union. This could now include pamphlets calling the military an illegitimate ‘coup’, ‘junta’ ‘regime’. Amendments to Section 124C now cover the ‘sabotage or hinder the performance’ of military or police acts. This could be used against recordings of “Drumming out of Evil” peaceful protestors when night-time raids are conducted, or when community groups try to protest arbitrary detentions, or when groups support public servants striking and taking part in demonstrations.
Amendments to Section 505A add several offences, such as spreading ‘fake’ news, or ‘fear’ amongst the public, as well as ‘agitate’ directly or indirectly a criminal offence towards a government employee. Also detailed was imprisonment terms, with Section 124A and C covering a maximum 20 year sentence and fine and Section 505A with a maximum three-year imprisonment and fine.
Today, protests against the coup erupted across Burma where people from respective regions peacefully demonstrated. Civil servants across the country including in Yangon, Mandalay cooperated increasingly with the civil disobedience movement (CDM). Despite tanks and military vehicles roaming the streets, demonstrations went on.
On 15 February from 1:00am to 9am, internet connection was shut down under military directives. There is suspicion this blackout was to commit unjust activities including arbitrary arrests. Also today, in front of the NLD headquarters, the police attempted to raid the offices and blocked roads. However, they withdrew after a two hour-long demonstration by the people.
On February 15, the police force dispersed with violence, threats, and arrests, peaceful protestors in Mandalay City, the security forces beat, arrested and shot gunfire towards peaceful protestors demonstrating in front of Myanmar Economic Bank 1. Six people including two girls aged 17 were arrested. Subsequently, the reporters reported at the event were brutally beaten by security forces.
For detentions in relation to the coup. As of February 15, a total of (426) people have been arrested and detained in relation to the military coup on February 1. Of them, (3) have been sentenced, 2 to two years imprisonment, 1 to three months, (35) were released. A total of (391) are still under detention, including the (3) sentenced.
- Impact of Event
- 7
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community), Woman
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment, Use of Excessive Force, Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Pro-democracy defender, WHRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Myanmar
- Initial Date
- Feb 15, 2021
- Event Description
Yesterday, on 14 February the coup government passed the “Law Amending the Penal Code’ and the ‘Law Amending the Code of Criminal Procedure’. The recently passed Acts amend multiple articles of the colonial-era Penal Code. The Penal Code was already the most common legislation used to target political prisoners prior to the coup. Civil society had wanted the archaic legislation reformed, it has now become more arbitrary. The recent amendments will be aimed at the civil disobedience movement, changing the definition and charge of high treason as well as further persecuting public assembly and disseminating information. Some of these amendments include Section 121 which essentially could criminalize requesting international aid and/or support. Also Section 124A was substituted to cover ‘spoken and written signs’ which bring ‘contempt’ and such to the Union. This could now include pamphlets calling the military an illegitimate ‘coup’, ‘junta’ ‘regime’. Amendments to Section 124C now cover the ‘sabotage or hinder the performance’ of military or police acts. This could be used against recordings of “Drumming out of Evil” peaceful protestors when night-time raids are conducted, or when community groups try to protest arbitrary detentions, or when groups support public servants striking and taking part in demonstrations. Amendments to Section 505A add several offences, such as spreading ‘fake’ news, or ‘fear’ amongst the public, as well as ‘agitate’ directly or indirectly a criminal offence towards a government employee. Also detailed was imprisonment terms, with Section 124A and C covering a maximum 20 year sentence and fine and Section 505A with a maximum three-year imprisonment and fine. Today, protests against the coup erupted across Burma where people from respective regions peacefully demonstrated. Civil servants across the country including in Yangon, Mandalay cooperated increasingly with the civil disobedience movement (CDM). Despite tanks and military vehicles roaming the streets, demonstrations went on. On 15 February from 1:00am to 9am, internet connection was shut down under military directives. There is suspicion this blackout was to commit unjust activities including arbitrary arrests. Also today, in front of the NLD headquarters, the police attempted to raid the offices and blocked roads. However, they withdrew after a two hour-long demonstration by the people. On February 15, the police force arrested and detained 14 high school students of Nay Pyi Taw B.E.H.S (14) who were peacefully protested, who were thereafter released in the evening due to a collective demonstration by the general public. For detentions in relation to the coup. As of February 15, a total of (426) people have been arrested and detained in relation to the military coup on February 1. Of them, (3) have been sentenced, 2 to two years imprisonment, 1 to three months, (35) were released. A total of (391) are still under detention, including the (3) sentenced.
- Impact of Event
- 14
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Pro-democracy defender, Student, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Singapore
- Initial Date
- Feb 15, 2021
- Event Description
Civil rights activist Jolovan Wham was fined a total of $8,000 on Monday (Feb 15) after he pleaded guilty to three charges over an illegal public assembly held on MRT trains more than three years ago.
The gathering of nine people was held to commemorate the 30th anniversary of Operation Spectrum - an internal security operation in 1987 that ended with the detention of 22 activists in what the Government called a Marxist conspiracy.
During their rides on northbound and southbound trains, which went on for about two hours on June 3, 2017, the protesters put on blindfolds fashioned from trash bags and held up copies of a book about the operation.
Wham and another protester also placed sheets of paper, printed with messages protesting the detentions, on their laps.
He later uploaded photographs of the gathering in social media posts.
Wham, 41, was fined $4,500 for organising the assembly without a permit, $1,000 for vandalising a train by pasting two sheets of paper with printed messages onto a panel, and $2,500 for refusing to sign a statement he gave to the police on the case.
He told the court through his lawyers from Eugene Thuraisingam LLP that he intends to pay the $2,500 fine but will go to jail in lieu of paying the fines for the illegal assembly and vandalism charges.
He started serving the default term, totalling 22 days, immediately. Stern warnings were issued to the other protesters.
This is Wham's second conviction for organising a public assembly without a permit and for refusing to sign his police statement.
In 2019, he was fined a total of $3,200 over an indoor event he organised in 2016 that featured Hong Kong activist Joshua Wong delivering a speech via a video call.
On Monday, district judge Marvin Bay noted in his sentencing remarks that there was a degree of escalation from Wham's previous offence.
"The escalation is pronounced in the prolonged nature of his offending of some two hours, which involved the described activities on a number of MRT trains on different lines," said the judge.
Judge Bay said while there was largely no "demonstration of belligerence or overt antagonism" on the part of the protesters, their actions would have caused "confusion, consternation and possibly a degree of anxiety among MRT commuters".
However, the judge added: "I am mindful that the protesters did remove their signs, did not cause damage to property and left no mark other than their transient presence (on the train)."
Prosecutors had sought a total fine of at least $9,500, arguing that Wham's "recalcitrance and continued disobedience of the law must be met with a sufficiently deterrent sentence".
In written submissions, deputy public prosecutors Ng Yiwen and Dillon Kok said the use of MRT trains could have caused public order issues. "Such public facilities are not meant to cater to the accused's mode of civil disobedience and social media publicity stunts," they said.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Offline, Right to fair trial
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Feb 14, 2021
- Event Description
A 22-year-old Indian climate activist has been arrested after sharing a document intended to help farmers protest against new agricultural laws.
Police said Disha Ravi was a "key conspirator" in the "formulation and dissemination" of the document.
The "toolkit", which suggests ways of helping the farmers, was tweeted by prominent activist Greta Thunberg.
Activists say Ms Ravi's arrest is a clear warning to those who want to show support to anti-government protests.
Tens of thousands of farmers have been protesting for more than two months over the laws, which they say benefit only big corporations.
The new legislation loosens rules around the sale, pricing and storage of farm produce which have protected India's farmers from the free market for decades.
The farmers' protests mark the biggest challenge India's Prime Minister Narendra Modi has faced. His government has offered to suspend the laws but the farmers want them replaced altogether. What do we know about Disha Ravi's arrest?
Ms Ravi, one of the founders of the Indian branch of the Fridays for Future climate strike, was arrested by Delhi police.
In a statement posted on social media on Sunday, police said she had "collaborated" to "spread disaffection against the Indian State".
It said she was an editor of the document and had shared it with Swedish climate activist Ms Thunberg.
Officials said Ms Ravi would be held in custody for five days. No formal charges have been announced.
Police have said the toolkit suggested a conspiracy in the run up to a huge rally on 26 January, which saw protesting farmers clash with police.
"The call was to wage economic, social, cultural and regional war against India," Delhi Police Special Commissioner Praveer Ranjan said earlier this month.
"We have registered a case for spreading disaffection against the government of India - it's regarding sedition - and disharmony between groups on religious, social and cultural grounds, and criminal conspiracy to give shape to such a plan," he added.
Jairam Ramesh, a former minister and lawmaker for the opposition Congress party, called Ms Ravi's arrest and detention "completely atrocious".
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- WHRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Feb 13, 2021
- Event Description
Arrest warrants have been issued for seven people — including veteran student leaders as well as social influencers — accusing them of incitement against Myanmar’s military regime. The warrants were announced Saturday evening by Myanmar’s military.
Those facing arrest are U Min Ko Naing and Kyaw Min Yu (a.k.a. Ko Jimmy) who are the veteran democracy activists and leaders of the 1988 uprising; singer Linn Linn, who is a former bodyguard of detained leader Daw Aung San Suu Kyi; Insein Aung Soe; Myo Yan Naung Thein, the director of Bayda Institute for a Just Society; presenter Maung Maung Aye and Facebook cele Ei Pencilo. They are charged with incitement, under Article 505 [b] of the Penal Code.
The military is alleging that the accused made and circulated a statement on social media intending to undermine the peace and order of the state.
The charge has been widely used to stifle political dissent under previous military regimes. If found guilty, the accused face up to two years in prison.
Since the pre-dawn coup on Feb. 1, the military has detained more than 300 people. Veteran leaders went into hiding but put out messages online daily to anti-coup protesters. Their social media messages also called for civil servants to take part in the civil disobedience movement (CDM).
Since last week, U Min Ko Naing also urged the public to boycott the businesses run by the military.
The accused actively support the CDM and are organizing to financially support those government staff, who take part in the CDM. Started by healthcare workers, the CDM movement is gaining momentum with some police, teachers, engineers, railways staff, as well as news announcers from the ministry of information boycotting the coup.
The military attempted to arrest the cele Ei Pencilo during the coup day, but have been unsuccessful.
- Impact of Event
- 7
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Artist, Blogger/ Social Media Activist, Pro-democracy defender, Student
- Perpetrator-State
- Armed forces/ Military
- Source
- Monitoring Status
- Active
- Country
- Myanmar
- Initial Date
- Feb 13, 2021
- Event Description
Seven well-known activists, including Min Ko Naing and other leaders of the four-eights pro-democracy uprising of 1988, have been charged with inciting unrest against the state.
In a statement released late Saturday, Myanmar’s newly installed military junta said that it had issued arrest warrants for the wanted activists and urged members of the public to report them to the authorities.
According to the statement, former 88 generation student leaders Min Ko Naing and Jimmy, singer Lin Lin, writer Insein Aung Soe, think tank director Myo Yan Naung Thein, and social media influencers Maung Maung Aye and Ei Pan Sel Lo have all been charged with incitement against the state under section 505b of the penal code.
The statement accused them of “using their popularity to incite the people with their writing and speeches through social media and social networks to destroy the state’s law and order.”
Aung Myo Min, the director of the rights group Equality Myanmar, said that the statement shows the regime’s total disregard for freedom of expression.
“We cannot accept this way of denying all expressions of dissent,” he said, noting that the accused had all spoken out against last week’s coup.
The military arrested State Counsellor Aung San Suu Kyi, President Win Myint and other leading members of the civilian government in predawn raids on February 1, just hours before parliament was set to convene for the first time since last year’s election.
Suu Kyi’s party, the National League for Democracy, won the November 8 election in a landslide, but the military alleged that it had found widespread voting irregularities.
In the weeks before the coup, it accused the government and the Union Election Commission of failing to resolve these issues.
The military takeover has sparked mass protests and a civil disobedience movement by public service workers. In recent days, the regime has carried out a series of late-night raids targeting resistance leaders.
Poet Maung Saung Kha, the executive director of the Yangon-based free-speech advocacy group Athan, condemned the military’s statement and warned that worse was yet to come.
“The military coup-makers will use all means available to them to arrest and imprison anyone who tries to oppose them. There is no chance to enjoy human rights under a military dictatorship. I think worse rights violations will come,” he said.
According to figures compiled by the Assistance Association for Political Prisoners, 326 people were arrested in the first 12 days of the coup, including 23 who have since been released.
- Impact of Event
- 7
- Gender of HRD
- Man, Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Artist, Blogger/ Social Media Activist, Pro-democracy defender, Student
- Perpetrator-State
- Armed forces/ Military
- Source
- Monitoring Status
- Active
- Country
- Myanmar
- Initial Date
- Feb 12, 2021
- Event Description
Today was the 74th Union Day as well as day 12 of the military coup. Protests against the coup continued to escalate across the country including in ethnic areas amid rising arrests along with violent crackdowns on demonstrations by the junta government.
Today across Burma videos have been circulating on social media and news agency’s which show arbitrary detentions and the use of force against peaceful protestors. The detentions defy domestic law and international standards. The rule of law is not being followed and the human rights of people in Burma is being suppressed.
In Mawlamyine, Mon State, While peacefully demonstrating at the Student Union in Mawlamyine Township on 12 February, riot police force cracked-down on the demonstration by firing rubber bullets. 5 students were injured and 9 students were abducted. There is a video of the police force charging at a protest, disproportionate to the actions of these demonstrators, they then violently detained one demonstrator in the clip. In another video in Mawlamyine, police are seen interrogating a demonstrator before abruptly taking them away.
Family members are left with no knowledge of the charges, location, or condition of their loved ones. These are not isolated incidents and night-time raids are targeting dissenting voices. It is happening across the country.
These actions are also against domestic law, if someone breaks Section 144 of the Code of Criminal Procedure, they must be arrested under Section 188 of the Penal Code. For allegedly breaking Section 188 they must be accused at the court, not arbitrarily taken away to undisclosed locations from the street and from in their homes. It is also not the authority of the police, the courts decided whether to detain, charge, and take away an individual’s liberty.
- Impact of Event
- 16
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Abduction/Kidnapping, Judicial Harassment, Use of Excessive Force, Violence (physical)
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- India
- Initial Date
- Feb 12, 2021
- Event Description
On February 12, Jammu and Kashmir police opened an investigation into Gul, a freelance journalist who contributes to The Kashmirwalla, for allegedly taking part in an illegal demonstration against home demolitions, according to Gul, who spoke to CPJ via phone, and news reports.
The investigation into Gul stems from an article he published on February 9, in which residents of Hajin, a town in Bandipora district, in north Kashmir, alleged that local government official Ghulam Mohammad Bhat had threatened them and forcefully demolished their homes, Gul told CPJ.
Gul said he believed the local authorities filed the complaint opening the investigation on Bhat’s instruction. In a text message to CPJ, Bhat denied having any role in filing the complaint.
The complaint alleges that Gul took part in an illegal demonstration opposing the demolitions on February 10, where he allegedly threw stones and shouted slogans, according to the journalist.
Police are investigating Gul for violating Sections 147 (rioting), 447 (criminal trespass), and 353 (assault or criminal force to deter public servant from discharge of his duty) of the Indian Penal Code, according to the journalist and The Kashmirwalla.
Gul denied partaking in such a demonstration, and told CPJ that he was in Srinagar, about 40 miles from Bandipora, on February 10.
Gul also told CPJ that the police had not given him a copy of the complaint, and have merely mentioned the counts on which he is being investigated. If charged and convicted, Gul could face up to two years of imprisonment under Indian law.
CPJ contacted Amritpal Singh, senior superintendent of police for Shopian, Colonel K. Arun of the army’s Additional Directorate General of Public Information, and Sajad Malik, police deputy superintendent of Hajin, for comment via messaging app, but did not receive any responses.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Feb 10, 2021
- Event Description
A court in Kazakhstan’s largest city, Almaty, has sentenced a man to 10 days in jail for picketing the Chinese Consulate to demand information about his brother, who is in custody in China's northwestern region of Xinjiang.
The court on February 10 found Baibolat Kunbolatuly guilty of violating the law on mass gatherings and sent him to jail for 10 days.
A day earlier, Kunbolatuly and nine other people, mainly women, picketed the Chinese Consulate in Almaty, demanding their relatives be released from so-called reeducation camps in Xinjiang. Some of the protesters said their relatives have been prevented from leaving China for Kazakhstan to join their families, while some said their loved ones have been held incommunicado in Xinjiang for years.
Kunbolatuly says that, while in custody, he came under pressure from officials who demanded that he end his campaign.
He adds that officials threatened that he might “end up like Dulat Aghadil,” a prominent Kazakh activist who died in custody from an alleged heart attack last year in a death that raised suspicions of foul play.
“An official told me: 'Your heart might stop, too,'” Kunbolatuly told RFE/RL after his release.
He says officials told him that his actions could harm his children’s future.
“They told me: 'When your children grow up, they might want to work in government agencies, but they won’t be able to do so [because of your actions]. Then your children would hate you. You’re causing them to suffer,’” Kunbolatuly said.
Officials at the detention facility in Almaty refused to comment on Kunbolatuly's charges when contacted by RFE/RL.
Kunbolatuly admits that he is worried about the potential impact his actions could have on his family if he continues his campaign and is rearrested.
“I think about what would happen to my children if I were to die [in prison]," he says. "What happens to my elderly parents who are already suffering because of my [brother's disappearance]?”
Kunbolatuly's mother, Zauatkhan Tursyn, was in front of the Chinese Consulate with several other women again on February 10, the third day in a row of such protests.
"China incarcerated one of my sons, Kazakhstan jailed another. I demand from Chinese authorities to release my son Baimurat, and I demand Kazakh authorities release my son Baibolat," Tursyn chanted in front of the consulate, holding pictures of her son.
Other women were holding pictures of their relatives and had posters saying "China, Stop Genocide."
An Almaty city official and police were monitoring the protest, but did not interfere.
A consulate security officer appeared to remove a piece of electronic equipment with multiple antennas from the building as reporters covered the event live. After he emerged, the journalists said their Internet connection stopped working.
A security official denied the removal of the piece of equipment had anything to do with the Internet outage.
Many similar protests have taken place in Kazakhstan in recent years, with demonstrators demanding Kazakh authorities officially intervene in the situation faced by ethnic Kazakhs in Xinjiang.
The U.S. State Department has said as many as 2 million Uyghurs, Kazakhs, and members of Xinjiang's other indigenous, mostly Muslim, ethnic groups have been taken to detention centers.
China denies that the facilities are internment camps.
People who have fled the province say that thousands of ethnic Kazakhs, Uyghurs, and other Muslims in Xinjiang are undergoing "political indoctrination" at a network of facilities known officially as reeducation camps.
Kazakhs are the second-largest Turkic-speaking indigenous community in Xinjiang after Uyghurs. The region is also home to ethnic Kyrgyz, Tajiks, and Hui, also known as Dungans. Han, China's largest ethnicity, is the second-largest community in Xinjiang.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Death threat, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Minority rights defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Feb 10, 2021
- Event Description
About one thousand joined a protest at Pathum Wan Skywalk in a bid to address economic hardship and demand the release of detained activists. They also underlined their original 3 demands: resignation of the PM, constitutional amendment and monarchy reform.
Protesters descending to the BACC forecourt at dusk.
After a hiatus of a month because of the resurgence of Covid-19 infections in January, the Ratsadorn protest group and the Labour Network for People’s Rights joined hands to organize a ‘banging pots against dictatorship’ protest, an activity inspired by the pot-banging in Myanmar as an anti-dictatorship message.
People started to gather at 15.00, an hour prior to the designated time. The police could be seen setting up checkpoints to search people’s belongings before joining the protests. Over 100 crowd control police, fully equipped with defensive gear, batons and shields, were deployed along with 2 water cannon trucks.
Protesters gathered on the Skywalk for an hour before descending to the Bangkok Art and Culture Centre forecourt.
Sriprai Nonsee of the Rangsit and Area Labour Union Group gave a speech about the hardship of workers, demanding that the government have a comprehensive relief policy, instead of picking some groups of people and leaving others behind. In Thailand, migrant workers do not receive any kind of relief from the government.
She said inequality in Thailand must be solved. The budgets for the military and monarchy are too high. They should be cut in order to pay for social welfare. People’s taxes should be used to alleviate the people’s hardship.
Protesters with drums joining the pot-banging activity.
Panupong Jadnok, a leading protest figure from Rayong Province, said police tactics today were against universal principles in dealing with protests. A crackdown can only be authorized by the courts, not someone’s order.
His message to the government and the King was that people are now starving to death in poverty. They cannot wait for the King to smash his crown into pieces with the pieces distributed to the people.
Tossaporn Serirak, a doctor and former MP, attended the protest as usual. He was seen drawing portraits and bringing first aid kits to deal with emergencies. He said he was there out of concern for the protesters’ safety.
“I want to say ‘keep fighting’, but there must be awareness. The most important thing is experience. Our young brothers and sisters have power and knowledge but what they lack is experience.
Tossaporn Serirak showing the bandages he brings along.
“I say to the government, the Prime Minister or all the great people, stop creating the conditions for protests. It is better to quickly stop everything and start negotiating,” said Tossaporn.
Many people could be seen with the banners calling for the abolition of Section 112 of the Criminal Code and also with banners protesting the Myanmar coup.
March to police station
As the protest went on, at least 9 people were arrested at the protest and taken to Pathumwan Police Station, where all but two were released after paying a fine.
At 16.45 a woman was arrested while she was spraying “No Ju” on a bulletin board near the BTS train station. Cleaning staff were immediately summoned to remove the message.
Panussaya Sitthijirawattanakul from the United Front of Thammasat and Demonstration (UFTD), another leading protest figure, announced that the protesters would march to Pathumwan Police Station, located about a kilometre away, where at least 4 people from today’s protest were detained .
Before the march, Panussaya said the government has underestimated the people's movement. The people have not forgotten the three main demands of the movement that started in 2020: the resignation of Gen Prayut, a new constitution from the people, and reform of the constitutional monarchy.
Chaos as tear gas thrown
At 19.50 the protesters arrived at the police station. Some protesters could be seen holding banners supporting a republic.
Panupong said the police had until 20.30 to release those arrested, or protesters would break into the station.
At 20.28 a commotion took place behind and beside the police station. Protesters clashed with crowd control police who had just arrived. The sound of explosions could be heard and the use of tear gas was reported.
Panupong encouraged people who were ready to deal with the clash to go to the front line. People could be seen passing water to the front in order to counteract the effects of tear gas.
At 20.48, the two remaining arrested protesters were released on 5,000 baht bail each. A tear gas canister was found behind the police station at the clash site, but police denied the use of tear gas.
However, many people who were residing and eating in a community there dispersed in chaos as they felt the tear gas sensation.
At 21.03 the protests dispersed. 16 and 19 February are designated as the next protest dates with a 'street no-confidence motion' to parallel the no-confidence motion in parliament on the same dates.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Use of Excessive Force, Violence (physical)
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to Protest
- HRD
- Pro-democracy defender, Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Indonesia
- Initial Date
- Feb 10, 2021
- Event Description
On 10 February 2021, environmental rights defenders Samsir and Syamsul Bahri were arrested by the Tanjung Pura Police for their alleged involvement in the physical assault of an individual on18 December 2020. Both defenders are currently being held at the Langkat Police detention centre in Stabat.Samsir and Syamsul Bahri are environmental rights defenders and chairpersons of the Tani NipahGroup. The group works on the restoration and rehabilitation of the natural environment, by planting Rizophora and Nipah mangroves, and opening up water channels to better irrigate areas habited by the local communities. As environmental rights defenders, both have been actively involved in the preservation of the local environment and the fight against exploitation of the area.On 10 February 2021, the Tanjung Pura Police called in Samsir and Syamsul Bahri to record their statements in relation to their alleged involvement in an incident of assault that took place on 18December 2020. Later the same day, an arrest warrant was issued against the two defenders charging them under Article 170 of the penal code with ‘committing violence against persons or property’, in conjunction with Articles 55 and 56 of the Indonesian Penal Code which concerns‘giving order/influence to a crime’ and ‘assisting to commit a crime’. Following the issuing of the warrant, Samsir and Syamsul Bahri were arrested at the police station and sent to the Langkat Police detention centre for 20 days. The Tani Nipah Group believes that the case against the defenders has been fabricated as a form of intimidation for their environmental protection work.On 18 December 2020, the complainant in the assault case, along with another person, both of whom are believed to be affiliated to a palm oil company, approached and photographed the Tani Nipah Group while they were planting mangroves and cleaning up the areas managed by the community. Noticing the outsiders, Syamsul Bahri approached them and asked why they were documenting of the group’s work. The environmental rights defender was reportedly met with arrogant responses from the complainant. The commotion attracted other members of the Tani Nipah Group group to the scene, prompting the complainant to walk away. The complainant was then overheard informing an unknown individual on a call that he had been assaulted. After making the call, the complainant jumped into the nearby river. For fear that he might drown, members of the group immediately took a boat out to save him. They then questioned the complainants claimthat he had been attacked, after which the complainant immediately retracted his statement. The Tani Nipah Group has a video of the complainant retracting the assault accusation. The palm oil company that the complainant is believed to be affiliated with owns 65 hectares of land in the region. It is suspected that the company also has illegal palm oil plantations in the area.The Tani Nipah group and environmental defenders believe that the intimidation is being directed by the company because of the group’s work in protecting the mangrove forest environment.Samsir and Syamsul Bahri and the Tani Nipah group have been the target of threats and harassment in the past for their environmental protection work. In 2016, Syamsul Bahri was shot byan unknown individual just after he started working with the Tani Nipah Group. In 2017, Syamsul Bahri and his wife were hit and badly injured by an unknown motorcyclist. On several occasions,trees planted by the Tani Nipah Group group have been cut down. While formal complaints have been registered with the police, no action has been taken to find perpetrators of the aforementioned harassments.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Environmental rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Feb 10, 2021
- Event Description
Two journalists employed by official media are being held by police in central Vietnam’s Quang Tri province on charges of “abusing press freedoms” for posting articles online criticizing provincial leaders, state media and other sources say.
Phan Bui Bao Thy, 56 and bureau chief of the online magazine Age and Education, and an associate, Le Anh Dung, 50, were taken into custody on Feb. 10 after articles appeared on Facebook pages the two men operated accusing provincial officials of corruption, police said.
One article posted in August on Thy’s Facebook page accused Le Quang Than—deputy chairman of Quang Tri’s Huong Hoa district, and a member of the Huong Hoa Communist Party Committee—of falsifying his educational credentials.
State media did not report the contents of the pair’s other allegedly defamatory online postings. Online access to Age and Education is now blocked.
Press freedoms group Reporters Without Borders (RSF) noted on Feb. 16 that on one site, Quang Tri 357, Thy had posted reports of alleged corruption involving the province’s president, Vo Van Hung, and deputy minister of culture, tourism and sports, Nguyen Van Hung.
Thy will now be held for questioning for the next two months, RSF said, adding, “The police, who carried out searches of his home, claim to have found a great deal of information related to this activities as an online reporter.”
In a statement, Daniel Bastard—head of RSF’s Asia-Pacific desk—called for Thy’s immediate release, saying “he was just trying to serve the general interest in his work as a journalist.”
“His fate highlights the straitjacket enclosing public media journalists in Vietnam, who are persecuted as soon as they stray from the official line imposed by the ruling Communist Party’s propaganda department.”
“In so doing, the Vietnamese authorities violate article 25 of their own constitution,” Bastard said.
Thy’s arrest came five weeks after the sentencing by a Ho Chi Minh City court of three independent journalists—Pham Chi Dung, Nguyen Tuong Thuy, and Le Huu Minh Tuan—on charges of carrying out propaganda against the state.
Other journalists jailed
Nguyen Tuong Thuy, who had blogged on civil rights and freedom of speech issues for RFA’s Vietnamese Service for six years, was sentenced on Jan. to an 11-year prison term for “making, storing, and disseminating documents and materials for anti-state purposes” under Article 117 of Vietnam’s Penal Code.
Sentenced with Thuy, Pam Chi Dung was given a 15-year prison term, while Le Huu Minh Tuan was jailed for 11 years.
Reporters Without Borders ranked Vietnam 175 out of 180 in its 2020 World Press Freedom Index. Around 25 journalists and bloggers are being held in Vietnam’s jails, “where mistreatment is common,” the Paris-based watchdog group said.
Vietnam’s already low tolerance of dissent deteriorated sharply last year with a spate of arrests of independent journalists, publishers, and Facebook personalities as authorities continued to stifle critics in the run-up to the ruling Communist Party Congress in January.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Feb 9, 2021
- Event Description
Police in Myanmar have fired rubber bullets and used teargas against protesters defying a ban on large gatherings, in an escalation of the military government’s response to demonstrations against last week’s coup.
Witnesses in Naypyidaw, the remote capital purpose-built by the previous military regime, said police fired rubber bullets at protesters after earlier blasting them with water cannon. A doctor at a clinic in the city told Reuters three people were being treated for suspected rubber bullet wounds.
Earlier, officers had used water cannons to beat back the crowd, and demonstrators had responded by throwing projectiles. Footage on social media showed people running, with the sound of several gunshots in the distance.
Opponents of the 1 February coup gathered in towns and cities across the country for a fourth day of protests on Tuesday, including in Yangon and Mandalay, where evening curfews have been instituted and gatherings of more than five people are banned.
Teargas was used against crowds in Mandalay, where police arrested at least 27 anti-coup demonstrators, including a journalist, media organisations said. A journalist from the Democratic Voice of Burma (DVB) said he was detained after filming the rally. He said people were beaten. Two media organisations also confirmed the arrests.
The military takeover followed an election in November decisively won by Aung San Suu Kyi’s National League for Democracy (NLD) that army leaders claim was fraudulent. The detention of Aung San Suu Kyi sparked outrage across the south-east Asian country of 53 million, and a growing civil disobedience movement affecting hospitals, schools and government offices.
Demonstrations were also held on Tuesday in other cities, including Bago - where city elders negotiated with police to avoid a violent confrontation - and Dawei, and in northern Shan state.
In Magwe in central Myanmar, where water cannons were also used, unconfirmed reports on social media claimed several police officers had crossed over to join the protesters’ ranks. A police officer in Naypyidaw was also said to have switched sides.
As large crowds again gathered near Sule Pagoda in downtown Yangon, one witness estimated there were tens of thousands on the streets by mid morning. Martial law and rumours of incoming soldiers had created an atmosphere of unease, but protesters were determined. Myanmar coup protests grow – in pictures
Pyae Phyo, 33, was gathered with his friends from the Myanmar Seamen Union under the shade of a tree near Sule Pagoda.
“Because of last night’s martial law announcement I thought people may not come,” he said. “But they have come. I am so proud of my people. Every day we will come here. Every day we aren’t free we will protest peacefully for our real leaders, Daw Aung San Suu Kyi and president U Win Myint.”
Earlier Win, 37, a street food vendor, said “Today I heard troops were on their way from Naypyidaw, but that won’t stop the protests.”
The protesters carried anti-coup placards including, “We want our leader”, in reference to Aung San Suu Kyi, and, “No dictatorship”.
Pockets of ambulances manned by a network of volunteer doctors and medical workers were stationed near Sule Pagoda.
Myat Moe Lwin, 25, a graduate doctor, and his colleague Kaung Pyae Sone Thin, 25, were waiting near the ambulances and were prepared to aid protesters injured by water cannon.
“We need to be ready,” he said. “So many people are protesting against the coup. We had to help if there are any problems. It is our professional duty.”
In San Chaung township in Yangon – where large gatherings were banned – scores of teachers marched on the main road, waving a defiant three-finger salute that has become the trademark of resistance to the coup.
“We are not worried about their warning. That’s why we came out today. We cannot accept their excuse of vote fraud. We do not want any military dictatorship,” teacher Thein Win Soe told AFP.
There was confusion over the reach of section 144 of the penal code, which bans gatherings of five or more people. State newspaper The Global New Light of Myanmar announced that two townships in Yangon and others in Mandalay, Sagaing and Kayah state would be subject to the curfew but some believed it was nationwide.
The US embassy said it had received reports of an 8pm to 4am local time curfew in the two biggest cities, Yangon and Mandalay.
Promises on Monday from junta leader Min Aung Hlaing to eventually hold a new election have drawn scorn. In his first address since seizing power, he repeated unproven accusations of fraud in last November’s election. He promised “true and disciplined democracy,” different from previous eras of military rule which left Myanmar in isolation and poverty.
“We will have a multiparty election and we will hand the power to the one who wins in that election, according to the rules of democracy,” he said.
Min Aung Hlaing gave no time frame for the proposed vote, but the junta has said a state of emergency will last one year.
The military also released a statement on state TV on Monday warning that opposition to the junta was unlawful Western governments have widely condemned the coup, although there has been little concrete action. The UN security council has called for the release of Aung San Suu Kyi and other detainees. The UN human rights council will hold a special session on Friday to discuss the crisis, at the behest of Britain and the European Union.
- Impact of Event
- 27
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical)
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Media Worker, Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- China
- Initial Date
- Feb 9, 2021
- Event Description
A Chinese businesswoman was sentenced to three years’ jail on Tuesday, according to her supporters, after she spoke out in defence of dissident law professor Xu Zhangrun , who has openly criticised the Communist Party and President Xi Jinping . Geng Xiaonan , 46, and her husband Qin Zhen, as well as employees of her private publishing company, stood trial at the Haidian District People’s Court in Beijing after the couple were detained in September and investigated for “illegal business operations”.
There was a heavy police presence outside the court and supporters said they were barred from entering. Friends including Xu and activists Ji Feng and Yan Zhengxue were stopped by the authorities from leaving their homes to attend the hearing.
The trial was broadcast live by the Haidian court but footage was taken down from its website after it was viewed more than 80,000 times and it did not release a statement on the case.
After asking the court to disregard her legal defence, Geng pleaded guilty to charges including conducting illegal business activities, according to a video of the trial that was captured and posted online.
In pleading guilty, Geng asked the court for leniency in the cases of her husband and staff, saying they had been “forced to carry out orders from their boss”. She also contradicted her legal defence and claimed to have been “the sole proprietor and decision maker” of the publishing company since 2001.
“I would really appreciate it if the court would be lenient on them and target all of the sentencing burden on me alone,” Geng said.
She also asked the court to consider giving her a lighter sentence on humanitarian grounds since she is the only child of, and supports, her disabled war veteran father who lives alone.
Qin, Geng’s husband, was sentenced to 2½ years in prison, suspended for three years.
A number of Geng’s supporters, including prominent liberal intellectual Guo Yuhua, went to the Haidian court but were blocked from entering. Witnesses said more than a dozen police vehicles were parked outside the court, and Geng’s lawyers had been warned not to speak to the media. Dissident Ji said he had been told by state security personnel on Monday evening to stay at home the next day. “Two officers came to my house in the morning and stopped me from leaving. The same thing happened to Xu Zhangrun ,” Ji said by phone.
He said Geng had been indicted over illegal business activities involving 200,000 copies of mostly cookery books for which the full publishing rights had not been obtained.
“‘Illegal business activities’ is just an alternative charge to ‘inciting state subversion’ when it comes to entrepreneurs who are critical of China’s political ecology,” Ji said. “The purpose is to intimidate, silence and cut off all social networks they have with political dissidents in a bid to isolate them.”
Geng, who is also an art curator and film producer, was detained, along with her husband, two months after she had spoken out in support of Xu. He had been detained by police for “patronising prostitutes” during a trip which Geng organised for a group of academics including Xu to the southwestern city of Chengdu last year.
Xu, who has since been released but cannot leave Beijing, denies the charges and has hired lawyers to clear his name. After he was detained, Xu was sacked by Tsinghua University in Beijing where he had taught law for 20 years. The university also accused Xu of publishing articles since mid-2018 that “seriously violated” its code of conduct. Xu, 57, has written a series of articles criticising the authorities in recent years, taking aim at Communist Party leaders over the decision to remove the two-term limit on the presidency – allowing Xi to remain as president after 2023 – and the handling of the coronavirus pandemic.
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Offline, Right to fair trial, Right to liberty and security
- HRD
- Artist, Family of HRD, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Related Events
- China: outspoken publisher, her husband detained
- Country
- Thailand
- Initial Date
- Feb 9, 2021
- Event Description
A crowd of around 500 gathered at the Pathumwan Skywalk yesterday evening (9 February), after the Criminal Court denied bail for activists Parit Chiwarak, Anon Nampa, Somyot Pruksakasemsuk, and Patiwat Saraiyaem, who are being detained in prison pending trial and have been taken to the Bangkok Remand Prison.
A spokesperson for the state prosecutor has announced that cases has been filed against Anon Nampa, Somyot Pruksakasemsuk, Patiwat Saraiyaem and Parit Chiwarak under Section 112 of the Criminal Code for giving speeches about the monarchy in protests during 2020, according to Thai Lawyers for Human Rights.
The cases stem from 2 separate events. The first is the 19-20 September protest at Thammasat University and Sanam Luang for which all four have been charged under the lèse majesté law, the sedition law (Section 116 of the Criminal Code), and the Act on Ancient Monuments, Antiques, Objects of Art and National Museums.
The second is the ‘mobfest’ protest at the Democracy Monument on 14 November for which only Parit has been charged. Sulak Sivaraksa, a Thai historian and Somchai Homlaor, a human rights lawyer are reportedly listed as witnesses.
iLaw reports that bail has been denied by the court, which ruled that the cases carry heavy sentences and the four have a tendency to repeat the offences. They will be detained in prison pending trial.
The detention during trial means they will be imprisoned indefinitely until the trial is over unless the bail would be granted at some point along the way.
The sedition and lèse majesté charges relate to their speeches, and the Act on Ancient Monuments has been invoked with regard to their installation of the 2021 People’s Party Plaque, a small metal plaque inspired by the People’s Party Plaque, a material symbol of the 1932 revolution which marked the change of regime in Siam from absolute monarchy to democracy.
The 2021 People’s Party Plaque was installed on Sanam Luang, which is recognized as an archaeological site.
These are the first lèse majesté cases to have finally made their way to the courts since the mass arrests and prosecutions after Prime Minister Gen Prayut Chan-o-cha vowed in November 2020 to use ‘every law’ to deal with the pro-democracy protesters who have been rallying for political and monarchy reform.
All other cases are still under police investigation.
According to THLR, at least 58 people have been charged under Section 112 in 44 cases. 23 cases were filed by ordinary citizens, 3 by the Ministry of Digital Economy and Society and the rest by the police.
Human rights lawyer Anon, activist Somyot, student Parit and mor lam singer Patiwat are well-known political activists who have been rallying for monarchy reform and Thai democratization.
- Impact of Event
- 4
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to fair trial
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Active
- Country
- India
- Initial Date
- Feb 9, 2021
- Event Description
The Enforcement Directorate (ED), the specialised investigation agency under the revenue department, started its raid at eight locations of the digital news portal on February 9 in response to a Delhi Police First Information Report(FIR) alleging Newsclick was involving in a money laundering operation. Police alleged Newsclick received foreign funding of ₹30 crore (USD 4.1 million) from a now “defunct US company". Raids also targeted six staff members’ residences the same night while Newsclick offices search stretched out over 38 hours. The raid at the home of editor-in-chief and founder, Prabir Purkayastha, lasted 113 hours, ending finally at 1.30 am on February 14. During the raid, ED officials blocked 73-year-old Prakayastha from leaving his house. ED officials are yet to disclose any findings from the raids.
During the raid, ED officials seized communication devices of Newclick directors and senior management which impacted their ability to continue regular work. In a statement on February 10, Newsclick said it fully cooperated with officials. It however, claims that the raid was an attempt to silence those who refuse to toe the Indian establishment line.
NewsClick revealed that staff and shareholders whose homes were raided were also questioned about their links to the Communist Party of India (Marxist), the recent farmers’ protests and jailed rights activist Gautam Navlakha. Reports suggest the raid was a retaliation for Newclick’s ground reports and analytical videos from the recent farmers’ movement in India.
Such raids are a routine tactic and practice of the Modi government, by which government agencies are used to intimidate journalists and suppress adversarial journalism. The government has a pattern of misusing laws such as sedition and defamation law, the Disaster Management Act, the draconian Unlawful Activities (Prevention) Act (UAPA), the Information Technology Act, among others to silence the critics and harass dissidents. In October 2018, India’s Income Tax Department also raided the offices of respected news website The Quint.
- Impact of Event
- 7
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Intimidation and Threats, Judicial Harassment, Raid
- Rights Concerned
- Online, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Feb 9, 2021
- Event Description
A 22-year-old Chin student activist is among five young people who were arrested on Tuesday night for taking part in a protest in Rakhine against last week’s coup.
Police came to Mai Yadanar Aung’s home in Ann township at 9.30pm and took her away without a warrant, according to the woman’s mother, Tin Tin Aung.
“They came and asked her to come along with them to the police station. But since she didn’t do anything wrong, I asked them why she had to. Then they said she was involved in the protest,” Tin Tin Aung said.
“I couldn't sleep the whole night. At first I considered not letting them take my daughter, but I was concerned she would be arrested forcibly, so I let them take her thinking they might release her on bail,” she added.
Police were due to bring her to the township court on Wednesday to be remanded in custody. Family members went to the police station on Wednesday morning to try to see her but police wouldn’t let them inside, citing Covid-19 regulations.
Ann township is where the Myanmar military’s Western Command is located.
Four other young people were being detained at the station for protesting, Tin TIn Aung said. Myanmar Now was unable to verify their names.
Mai Yadanar Aung is a third year student studying Chemistry at Sittwe University and secretary of a group called Chin University Students in Rakhine State (CUSR).
Young people and students began protests against the new military dictatorship in Ann township yesterday for the first time, said Mai Khaing Zin May Than, CUSR’s chair. The arrests began within hours.
“They are finding and arresting the protesters. Some of my sisterhood friends are still hiding,” she said.
Because of the arrest, parents in town told their children not to join the protests on Wednesday, Mai Khaing Zin May Than said.
“This is a human rights violation,” she added. “In Ann, not all the people are involved in the protests. The participants are mostly Chin ethnic girls.”
About a thousand mostly young people joined Tuesday’s protest in Ann, Tin Tin Aung said.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Student, WHRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Philippines
- Initial Date
- Feb 9, 2021
- Event Description
Government prosecutors are blocking the release of journalist Lady Ann Salem and labor organizer Rodrigo Esparago despite the local court’s dismissing the charges against them last Feb. 5.
The City Prosecutor Office of Mandaluyong, on behalf of the Philippine National Police, filed on Feb. 9 an opposition to the urgent motion for release filed by Salem’s lawyers from the Public Interest Law Center (PILC).
The prosecutors claimed that the decision of the Mandaluyong Regional Trial Court Branch 209 is not yet final, thus, Salem and Esparago could not yet be released.
Salem’s lawyers disagreed, saying that “the rules on criminal proceedings require that a judgment of acquittal, whether ordered by the trial or the appellate court, is final, unappealable, and immediately executory upon its promulgation.”
“The dismissal of the cases, drawn upon the quashal of the search warrant and consequential declaration that the seized evidence is inadmissible as evidence, is one tantamount to an acquittal,” PILC said in its reply.
“The Order of the Honorable Court, being an adjudication on the merits, is final and executory,” Salem’s lawyers asserted.
Salem, editor of Manila Today and communications officer of the International Association of Women in Radio and Television (IAWRT), and Esparago were arrested on December 10 last year. They were charged with illegal possession of firearms and explosives.
On Feb. 5, Judge Monique Quisumbing-Ignacio dismissed the charges, noting “numerous inconsistencies and contradictions” in the sworn statements and testimonies cited in the search warrant.
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Offline, Right to fair trial
- HRD
- Labour rights defender, Media Worker, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Feb 7, 2021
- Event Description
Yesterday, national security officers of the Hong Kong Police Force arrested Wan on four charges of “doing an act with a seditious intention,” a criminal offense under the territory’s colonial-era sedition law, according to news reports.
Wan, who broadcasts under the name “Giggs,” hosts a show on the internet radio channel D100 that reports and comments on political issues in mainland China and Hong Kong, including on the arrest of Apple Daily newspaper founder Jimmy Lai. D100 is an independent station that has about 510,000 followers on its YouTube channel and about 59,000 followers on its Facebook page.
If convicted of sedition, Wan could face a fine of up to $5,000 Hong Kong dollars (US$644) and up to two years in jail for a first offense, and up to three years in jail for subsequent offenses, according to Hong Kong’s Crimes Ordinance.
“Hong Kong authorities’ use of sedition charges against radio host Wan Yiu-sing amounts to a government assault on press freedom and freedom of speech,” said Steven Butler, CPJ’s Asia program coordinator, in Washington, D.C. “Wan should be freed with all charges dropped, and the government should halt its ridiculous efforts to block political criticism by journalists.”
The charges stem from comments Wan made on four shows between August and October 2020, which police allege had an intent to incite hatred or contempt towards the People’s Republic of China and the Hong Kong government, and to instigate Hong Kongers to illegally seek changes to the city’s lawful orders, according to news reports.
The Hong Kong Police Force did not immediately respond to CPJ’s emailed request for comment.
Wan felt unwell in police custody last night and has been hospitalized, according to reports. He was originally scheduled to attend a court hearing today, but it has been adjourned to February 11, according to those reports.
Journalists in Hong Kong have faced increasing repression and harassment since the passage of the new national security law on July 1, 2020, as CPJ has documented. On December 11, Hong Kong authorities charged Lai with foreign collusion under that law.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Cambodia
- Initial Date
- Feb 7, 2021
- Event Description
The winner of the 2016 Goldman Environmental Prize Ouch Leng and four other forestry activists were sent to Kratie Provincial Court yesterday after being accused of putting signs up in a protected area.
On Friday, Leng, Heng Sros, Man Muth, Heng Run and Phong Cheang hung up signs in Prey Lang forest saying: “Please help preserve our ancestral heritage forest”.
Human rights Adhoc senior investigator Soeng Sen Karuna said yesterday if activists enter the forest just to monitor, gather information and hang signs to protect against deforestation, the authorities should not arrest them.
“Environment officials should take action on bad people who go into the forest, but not the activists who just want to prevent deforestation,” he claimed.
“According to the forest law, it will be implemented on people who commit crimes such as the destruction of natural resources, deforestation or killing wildlife,” he said.
Sen Karuna added that the leadership should intervene in this matter and not allow officials to take such action against activists who assist the government in preventing and protecting natural resources in Cambodia.
“Arresting an activist who uses their rights to protect the forests is not right and could be criticised by the international community, plus it is an opportunity for bad people to continue to destroy the forest,” he said.
Choub Sreynuth, wife of Sros, said she has asked the authorities to release her husband and the other activists.
“The activists only participated in protecting natural resources, but they have been arrested like they are perpetrators,” she said.
The provincial Environment Department director Duong Chhay Savuth said that according to Article 11 of the protected area law, all entry and exit to protected areas must be authorised.
He said the five activists went into Prey Lang wildlife sanctuary without asking permission. “The officials detained them for questioning for 48 hours on Friday, and sent them to the provincial court yesterday,” Savuth said.
Prosecutor Keo Socheat said yesterday the five activists are being detained and will be questioned further today.
Ministry of Environment spokesman Neth Pheaktra said yesterday, park rangers are judicial police officers who have the duty to protect and conserve natural resources in accordance with the law in preventing and suppressing illegal activities that take place in the protected area. No matter who the person is, if the rangers find that the act is not in accordance with the law, they must comply with the law.
“The suspects’ response stated that they were operating in the protected area to take pictures to seek financial support from various donors. This clearly shows the malicious intentions of some groups who take refuge under the label of environmentalists and forest activists who use bad methods to benefit their party and serve a corrupt agenda,” Pheaktra said.
He said that the Ministry of Environment calls on and encourages some donors to provide support to associations and NGOs that are properly registered and encourage law-abiding associations and NGOs.
Pheaktra added that the ministry welcomes the participation of associations and NGOs in the protection and conservation of natural resources, but that they must enter through the legal channels.
Ouch Leng, the working group leader of the Cambodian Human Rights Task Force was selected as the winner of The Goldman Environmental Prize 2016, presented by the Gold Fund for Global Environmental Heroes 2016 in San Francisco, United States.
- Impact of Event
- 5
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security, Right to Protest
- HRD
- Environmental rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Bangladesh
- Initial Date
- Feb 7, 2021
- Event Description
Detectives have pressed charges against photojournalist Shafiqul Islam Kajol in a case filed with Hazaribagh Police Station under the Digital Security Act.
Sub-inspector Mohammad Rassel Mollah of detective branch of police, and also investigation officer of the case, submitted the charge sheet to the Chief Metropolitan Magistrate's Court of Dhaka on Sunday.
In the charge sheet, the IO said the charges brought against Kajol were primarily proved and he should be brought under trial.
Usmin Ara Beli, a member of Bangladesh Jubo Mahila League's Central Committee, filed the case against Kajol on March 10 last year.
Later, Kajol was shown arrested in the case on May 14 last year and he was placed on a three-day remand in the case on June 28 the same year.
On June 23, Kajol was also shown arrested in a case filed against him by ruling party lawmaker Saifuzzaman Shikhor (from Magura-1) with Sher-e-Bangla Nagar Police Station under the same act.
He was later shown arrested in another case filed with Kamrangir Char Police Station under the Digital Security Act.
However, investigators are yet to submit any probe report on the two cases filed with Sher-e-Bangla Nagar and Kamrangir Char police stations.
Kajol was found by Border Guard Bangladesh in Benapole on May 3, 2020 -- 53 days into his disappearance. He was then arrested initially on charges of trespassing but was granted bail by a Jashore court.
However, on the same day, Kajol was shown arrested under section 54 of the Code of Criminal Procedure after police informed the court that three more cases against Kajol were pending with different police stations in Dhaka.
The court then sent him to Jashore jail. Later, he was shifted to the jail in Keraniganj.
On December 25, last year, Kajol was released after the High Court granted him bail in all three cases on different dates.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Feb 7, 2021
- Event Description
On February 7, demonstrations against the military coup intensified. This morning thousands of activists, students and civilians took part in protests in Rangoon and across the country, and Min Ko Naing, 88 Generation Student Leader, arrived and stood among the protesters. Demonstrations were held at Rangoon, Bago, Mandalay, Sagaing, Ayeyarwady, Tanintharyi and Magway Regions, Naypyidaw, Mon, Shan, Karen and Kachin States. Protests were peaceful and non-violent, and police blocked the roads for protestors and watched the situation, though there were no violent crackdowns.
When police fired in the air at protestors in Myawaddy Town in Karen State, rioting broke out and a total of 14 civilians (5 women and 9 men) including former female political prisoner Khin Htar were arrested. By 6:30pm, they all were released. A woman was also shot during the protest in Myawaddy. The 8pm symbolic peaceful “Drumming out of Evil” continued across the country in opposition to the military junta.
- Impact of Event
- 15
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Pro-democracy defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- India
- Initial Date
- Feb 6, 2021
- Event Description
Thousands of farmers blocked major highways and crucial roads across the State around 170 points on Saturday afternoon as part of a national ‘chakka jam’ call given by Samyukta Kisan Morcha, a coalition of farmers’ unions protesting against the three new farm laws.
Police detained protesters at most places where roads were blocked. In Bengaluru, farmers and Kannada organisations blocked roads at two critical junctions – Yelahanka and Mysore Bank Circle – but were detained minutes later. Vehicular movement in these areas was not affected, said the police.
Farmer leader Kuraburu Shantakumar, who led the road block protest at Yelahanka, said the police detained three groups of farmers who tried to block roads one after the other. “Our only demand is that the Union government withdraw the three farm laws. But today's protest is also against how the Union government is treating farmers, booking false cases and using brute force of the police against protesters,” he said.
Farmers blocked Bengaluru-Mysuru highway at Mysuru, Mandya and Ramanagaram, Ballari Road at Devanahalli and Chikkaballapur, Bengaluru-Chennai highway at Kolar, Bengaluru-Bidar highway at Kalaburagi and Shahpura, and several key junctions on Tumakuru Road and in Belagavi, Davanagere, Raichur and Koppal, among other places. At several roadblock points, farmers came with bullock carts and cattle, and in many places even cooked on roads.
A statement from Samyukta Horata - Karnataka, a coalition of farmer, Dalit and progressive organisations, termed the protests in the State a success. They demanded that the Centre immediately stop harassing protesting farmers at the Delhi borders, and heed their demands and withdraw the three farm laws.
Meanwhile, senior Kannada activist Vatal Nagaraj condemned Karnataka Chief Minister B.S. Yediyurappa for ‘blindly following the diktat of the Centre’.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Feb 5, 2021
- Event Description
Four leaders of progressive groups were arrested in separate incidents in Butuan City last weekend, according to human rights group Karapatan in Caraga region.
Arrested were community health worker Vilma Dalangin-Yecyec, Gabriela Women’s Partylist Coordinator Gina Tutor, PISTON Spokesperson Isaias “Sayas” Ginorga, and Pamalakaya-Agusan del Norte member Greco Regala.
Police in Caraga claimed in a statement that those arrested are high ranking members of the New People’s Army. Three of them are being implicated in the killing of members of the Manobo tribe and former New People’s Army fighters in the region but rights group assert that all of them are active in the people’s organizations based in the city.
Two of those arrested are both 72 years old. One of them, Yecyec, was arrested on Feb. 6, in Mainit, Surigao del Norte. According to the group, she was taken to Camp Rafael Rodriguez, Butuan City.
Yecyec is suffering from various ailments, according to Karapatan.
The Council for Health and Development condemned the arrest. “Yet again, for perpetually failing to quell people’s resistance against the quagmire of poverty and oppression that breeds disease, state forces went after the unarmed civilian merely doing what she does best from decades ago up to the twilight of her life — serving the people through community-based health work,” CHD said.
On the same day, Tutor also arrested in her home in Buenavista while Regala was arrested in Tubay.
Meanwhile, Ginorga, also 72 years old, was arrested by the Butuan police on Feb. 5.
Ginorga and Tutor are known in Butuan City as leaders of progressive organizations. They were also slapped with trumped-up charges in relation to NPA offensives last year. Two of the charges filed in Surigao del Sur were later dismissed.
Pamalakaya said in a statement that Regala is involved in local campaigns, including the protection of municipal waters against illegal fishing and other destructive projects.
Gabriela Women’s Party, meanwhile, said Tutor has been working with the group in “pushing for pro-women and pro-poor legislation that will benefit Caraga, one of the poorest regions in the country.”
“Gina, along with the other community organizers arrested, are clearly not terrorists. This cruel act of arresting progressive community organizers demonstrates the perils of the Anti-Terror Law against unarmed civilians who are merely voicing out their legitimate concerns amid the crises we are facing,” the group said in a statement.
- Impact of Event
- 4
- Gender of HRD
- Other (e.g. undefined, organisation, community), Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Vilification
- Rights Concerned
- Right to liberty and security, Right to protect reputation
- HRD
- Community-based HRD, NGO staff, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Bangladesh
- Initial Date
- Feb 4, 2021
- Event Description
Police have pressed charges against cartoonist Ahmed Kabir Kishore, writer Mushtaq Ahmed and Rashtrochinta activist Didarul Islam Bhuiyan in a cased filed under Digital Security Act last year.
A total of 11 people were prosecuted in the case filed by Abu Bakar Siddique, assistant director of Rab-3, with Ramna Police Station on May 6 last year.
Court sources confirmed that the police submitted the charge sheet at the Chief Metropolitan Magistrate Court of Dhaka on Thursday.
Charges were framed against three of the accused, while eight others were let off, due to lack of evidence against them, the court sources confirmed.
The eight others include Swedish-Bangladeshi journalist Tasneem Khalil who runs Netra News; US-based journalist Shahed Alam; Germany-based blogger Asif Mohiuddin; Minhaj Mannan Emon, managing director of BLE securities and shareholder-director of Dhaka Stock Exchange; expatriate Zulkarnain Saer Khan; Ashik Imran; Shapan Wahed; and Philip Schuhmacher.
The 11 accused were prosecuted under section 21, Section 25(1) (b), Section 31 and Section 35 of the law, which prosecutes anyone running propaganda or campaign, "against the Liberation War of Bangladesh, the cognition of the Liberation War, Father of the Nation, National Anthem or National Flag", anyone "tarnishing the image of the nation or spread confusions" or attempting to "create hostility, hatred or adversity among people or destroy any communal harmony or create unrest or disorder or deteriorates or threatens to deteriorate law and order."
Kishore and Mushtaq have been in prison for the last 9 months, while Minhaj and Didar were granted bail by the court last September.
Kishore and Mushtaq's bail petitions have been rejected as many as six times, their legal team informs.
Jamshedul Alam, sub-inspector of Ramna Police Station, is investigating the case.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Artist, NGO staff
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Feb 3, 2021
- Event Description
Police in Kazakhstan's northwestern city of Oral have prevented journalist Lukpan Akhmedyarov and several activists from traveling to the western city of Atyrau, where they planned to greet outspoken government critic Maks Boqaev upon his release from prison on February 4.
Activists in Oral told RFE/RL that Akhmedyarov, the chief editor of the independent newspaper Uralskaya Nedelya, was stopped by police on his way to Atyrau on February 3 and held for questioning in an unspecified case.
Akhmedyarov placed a video on Facebook showing the moment of his detention as he argued with police, saying that he had received a subpoena ordering him to show up on February 5 at a police station for questioning, which he was going to follow and therefore there was no need to hold him.
Four rights activists in Oral, Maqsat Aisauytov, Bekbolat Otebaev, Bauyrzhan Alipqaliev, and Orynbai Oqasov, also were summoned to the police on February 4. They say they were ordered to come to the police so that they were unable to travel to Atyrau on that day to attend Boqaev's release.
The police department in Oral told RFE/RL that the activists and Akhmedyarov were summoned over "a classified criminal case."
"Kazakhstan authorities are once again trying to prevent journalists from reporting on public interest issues, and this time they have targeted editor Lukpan Akhmedyarov," Gulnoza Said, Europe and Central Asia program coordinator at the New York-based Committee to Protect Journalists, said in a statement.
"Instead of wasting their time detaining and threatening members of the press, authorities should encourage journalists to report on politics and expose corruption," she added.
A day earlier, police in Nur-Sultan, the capital, stopped a vehicle with four rights activists who were on their way to Atyrau, where they also planned to see Boqaev at the moment of his release. Police then impounded the vehicle, citing an unspecified investigation.
The 48-year-old activist Boqaev was arrested and sentenced to five years in prison on extremism charges in 2016 after he organized unsanctioned protests against land reform in Atyrau. While serving his term, Boqaev refused to ask for clemency, insisting that the case against him was politically motivated.
The United States, the European Union, and the United Nations have urged Kazakh authorities to release Boqaev.
Human rights organizations in Kazakhstan have recognized Boqaev as a political prisoner. Kazakhstan's government has insisted that there are no political prisoners in the country.
- Impact of Event
- 5
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- Judicial Harassment, Restrictions on Movement
- Rights Concerned
- Freedom of movement, Right to liberty and security
- HRD
- Media Worker, Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Pakistan
- Initial Date
- Feb 2, 2021
- Event Description
On 2 February 2021, human rights defender Muhammad Ismail was arrested at the Anti-Terrorism Court-III in Peshawar, following the cancellation of his interim pre-arrest bail in a case lodged by the Counter-Terrorism Department. The First Information Report (FIR) brought against the defender charges him under Sections 11-N, 124-A, 120-B of the Pakistan Penal Code, which relate to sedition and criminal conspiracy, and 7(g)(i) of the Anti-terrorism Act of 1997. These charges carry heavy prison sentences. It is believed that Muhammad Ismail is currently in the custody of the Counter-Terrorism Department.
Muhammed Ismail is the Secretary-General of the Pakistan NGO Forum (PNF), an umbrella body of civil society organisations (CSOs) in Pakistan. He has been critical of human rights violations in the country, particularly the ill-treatment of his daughter, human rights defender Gulalai Ismail.
Muhammad Ismail has been the target of ongoing police and judicial harassment for over two years. The human rights defender’s prosecution is a reprisal for his work, and the human rights work of his daughter Gulalai Ismail – an outspoken critic of human rights abuses by Pakistani authorities. Gulalai Ismail was forced to flee Pakistan in September 2019 due to threats to her safety. Ever since, her family and colleagues in Pakistan have been targetted. Multiple FIRs have been filed against Muhammad Ismail and his wife Uzlifat Ismail, including on anti-terror charges. In October 2019 Muhammad Ismail was abducted by unidentified men from outside the Peshawar High Court. He was later found in the custody of the Federal Investigation Agency’s Cyber Crimes Unit. Muhammad Ismail and his wife have been placed on an exit control list preventing them from leaving Pakistan.
Despite being released on bail in at least one case, authorities have continued to to target him. The State has consistently objected to bail and sought to file new charges against the defender in an attempt to further harass him, despite his ill health. Muhammad Ismail contracted COVID-19 in late 2020 and has not fully recovered. He requires constant care and medical supervision, neither of which will be available in an overcrowded jail.
Front Line Defenders, along with other human rights organisations, has previously condemned the targetting of Muhammad Ismail. Front Line Defenders urges the authorities in Pakistan to immediately drop all charges and unconditionally release Muhammad Ismail, as it believes that the human rights defender is being targeted solely as a result of his legitimate and peaceful work in the defence of human rights. It urges the authorities to remove all restrictions on the free movement of Muhammad Ismail and his wife Uzlifat Ismail, and cease all further forms of harassment against the defender, as it is believed that these measures constitute a direct transgression of his rights.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment, Raid
- Rights Concerned
- Right to fair trial, Right to health, Right to healthy and safe environment, Right to liberty and security
- HRD
- Family of HRD, NGO staff
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Active
- Country
- Pakistan
- Initial Date
- Feb 1, 2021
- Event Description
On 1 February 2020, the Peshawar High Court dismissed human rights defender Idris Khattak's petition challenging the jurisdiction of the Field General Court-Martial on his case. The verdict means that the human rights defender’s trial, which was paused in the Military Court, will now resume. While Pakistan is a party to the International Covenant on Civil and Political Rights (ICCPR), the military courts have not met their obligations under ICCPR, with the right to a public hearing not guaranteed, the death penalty being handed out after unfair trials and the absence of right to appeal to civilian courts.
The human rights defender was forcibly disappeared on 13 November 2019. His whereabouts were not known until 17 June 2020, when the Joint Investigation Tribunal in Islamabad, tasked with inquiring into cases of enforced disappearance, informed the human rights defender’s family that he was being held by the Pakistan Military Intelligence and was being tried under the Official Secrets Act, 1923.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial
- HRD
- Community-based HRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Related Events
- Pakistan: Rights activist abducted by unidentified men
- Country
- Thailand
- Initial Date
- Feb 1, 2021
- Event Description
Shortly after Thais and Myanmarese staged a protest against the coup by the Myanmar military this afternoon, they were dispersed by the Royal Thai Police with shields and batons. 3 people were arrested.
The 3 were taken to Yannawa Police Station: one is a member of the volunteer protest guard group We Volunteer, one a student from Thammasat University and the other an ordinary citizen.
Kath Khangpiboon, a lecturer from Thammasat University, accompanied the arrested student in the police car to the police station and stayed there.
Another gathering took place at the Pathumwan Skywalk where 3 students distributed leaflets in opposition to the coup in Myanmar.
In response to the coup and detention of Aung San Suu Kyi, the de-facto leader of the NLD-led administration, along with NLD politicians and candidates countrywide, some Myanmar citizens gathered in front of the Myanmar Embassy to Thailand at around 15.00, many wearing red shirts and carrying NLD flags, banners or portraits of Aung San Suu Kyi.
Some also raised the 3-finger salute, an anti-dictatorship gesture used in Thai pro-democracy protests. We Volunteer also participated in the protest.
Political activists including Parit Chiwarak and Panussaya Sitthijirawattanakul and political figures including Thanathorn Juangroongruangkit, Pannika Wanich and Amarat Chokepamitkul were also present.
At around 17.00, police with batons and shields arrived at the scene and swiftly dispersed the protesters. Loud, explosive-like sounds were reportedly heard and smoke flares were seen in the live footage from THE MATTER. Border town in stockpile rush, peace process may be delayed
A source from Tachileik, a town in Shan State bordering Chiang Rai Province, said people there found out about the coup at dawn. Myanmar soldiers had been deployed along the border since 01.00. The 2nd Thai-Myanmar friendship bridge that is regularly open for trade was closed.
Airports and banks were reportedly closed. The internet and telecommunications were cut, although those using Thai internet services in the border town are still able to access the internet. People were seen stockpiling supplies in panic.
BBC Myanmar reported that ATM machines were not functioning.
Khuensai Jaiyen, founder of the Shan Herald Agency for News, a Chiang Mai-based news agency reporting on Shan State news, and Director of the Pyidaungsu Institute, a research centre supporting the Myanmar peace process, said the military seizure of power was made under Section 417 of the Myanmar constitution which allows the military to take control of the administration after declaring a state of emergency.
Khuensai said that in the eyes of the military, their action was not considered a coup as the constitution still remains intact, but the international community will see it as a coup, which will inform their attitude toward the military’s decision.
Khuensai has participated in the peace process steering committee and believes that the process will be delayed. The military is likely to prioritize quelling the conflicts in the townships first, with the border and ethnic issues to be addressed later. Activists, political parties in Thailand opposing the coup
In Chiang Mai in the north where many Myanmar people live and work, activists staged a demonstration at the Rin Kham intersection. They demanded that ASEAN member countries boycott the military government and also called for the unconditional release of those detained in Myanmar after the coup.
The pro-democracy protest group Ratsadon (the people) also published a statement denouncing the overthrow of democracy and violation of people’s rights. They demanded that ASEAN member countries uphold the ASEAN Charter, that defines its regional pact by expressing protection for democracy and human rights.
Before the election victory of the National League for Democracy (NLD) in 2015, Chiang Mai was where many Myanmar civil organizations and media took refuge and established a base. Many returned to Myanmar after the NLD victory. It is not known whether their return is possible due to the current Thai-Myanmar border shutdown.
Thai opposition parties like Pheu Thai and Move Forward Party also released statements denouncing the coup for violating the people’s rights, liberties and political will expressed by their votes. They also demanded the immediate unconditional release of those detained.
No government party including Palang Pracharat has yet expressed any opinion regarding the coup in Myanmar.
- Impact of Event
- 4
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical)
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Pro-democracy defender, Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Jan 30, 2021
- Event Description
The Uttar Pradesh Police on Saturday filed a first information report against The Wire’s Founding Editor Siddharth Varadarajan for tweeting an article published on the news website reporting that the farmer who was killed during a tractor rally on Republic Day had died in police firing.
The article, published on Friday, cited the family of Navreet Singh. They rejected the Delhi Police’s claims that the farmer had died after his tractor overturned. The family has alleged that the man was shot.
A case under Indian Penal Code Sections 153-B (imputations, assertions prejudicial to national-integration) and 505(2) (statements conducing to public mischief) has been filed in the state’s Rampur district. The FIR was filed on a complaint by one Sanju Turaha, a resident of Rampur district, according to The Print.
The FIR referred to Varadarajan’s tweet from Saturday in which he shared The Wire’s article. It stated that report was presented in a manner which made it seem like the doctor, who conducted the autopsy of the farmer, had confirmed that he died of a bullet injury, reported The Print.
“As a result, Rampur’s people have become resentful, and tension has increased,” it added. “This post certainly seems to be a part of a conspiracy to incite violence with the aim of making an unfair profit by harming the general public.”
In the article, Hardeep Singh Dibdiba, Navreet Singh’s grandfather, claimed that one of the doctors told him about a bullet wound. “We were told by the doctor that they have clearly seen the bullet injury, and then we cremated his body peacefully,” Dibdiba was quoted as saying by The Wire. “But we were cheated, as the [postmortem] report that came out did not say that. The doctor even told me that even though he had seen the bullet injury, he can do nothing as his hands are tied.”
However, the doctors have refuted this. The postmortem analysis, done on January 27 at 2 pm, said that the “cause of death is shock and haemorrhage as a result of ante-mortem head injury”. The Delhi Police has also claimed that this was the cause of death. The Rampur district magistrate also clarified that no other official statement was made from the side of the authorities.
The Wire’s report had included these statements by the police and doctors rejecting the family’s claims.
However, the FIR alleged that the article had wrongly quoted the government medical officer in order to “incite” the general public, reported The Print.
It said that Singh’s postmortem was conducted by three panel doctors and was duly videographed. It added that all the three doctors have denied giving any such statement to anybody. “Despite this, the tweet has not been removed yet,” the FIR stated, adding that post was intended to “disturb peace and law and order” by “intentionally posting provocative posts through social media- Twitter without knowing the right facts”. Rampur DM had tweeted the article could cause ‘law and order problem’
On Saturday evening, the Rampur district magistrate responded to Varadarajan’s tweet sharing the article. “We ardently request you to please let’s be sticking to facts and facts only,” he wrote. “We hope our request will be sincerely taken up by you.”
The district magistrate also attached a denial note by the three government medical officers who conducted the postmortem, claiming that none of them had spoken to anybody from the media, or made any statement about the autopsy.
In response, Varadarajan informed the DM that The Wire report had been updated to include the official declaration by the three doctors. To this, the DM responded, “Hope you understand your story could cause a law and order problem here. It has already caused tensed situation here. Responsibility?”
Meanwhile, Varadarajan on Sunday morning reacted to the FIR registered against him. “What’s the IPC [Indian Penal Code] provision for ‘malicious prosecution’,” he asked. “Here is the UP Police indulging in it, filing an FIR against me for tweeting about what the grandfather of farmer who was killed in the tractor parade had said on the record!”
In a separate tweet, the journalist wrote: “In UP, it is a crime for media to report statements of relatives of a dead person if they question a postmortem or police version of cause of death.”
Several states have registered cases against journalists who have reported on the death of the farmer on January 26. The Editors Guild of India has described the action as a concerted attempt to “stifle and harass” media.
The Delhi Police on Saturday became the fifth one to file a case against Congress MP Shashi Tharoor and six journalists for allegedly sharing unverified news about Singh’s death.
Besides Tharoor, the police named India Today journalist Rajdeep Sardesai, National Herald’s senior consulting editor Mrinal Pande, Qaumi Awaz editor Zafar Agha, The Caravan magazine’s editor and founder Paresh Nath, The Caravan editor Anant Nath and its executive editor Vinod K Jose.
The Uttar Pradesh Police was the first to file an FIR against the seven in Noida that includes charges of sedition, followed by a similar case filed by the police in Madhya Pradesh. Other FIRs were registered in Gurugram and Bengaluru on Friday, and in Noida on Thursday. Farm law protests
Tens of thousands of farmers have been camped on the edge of New Delhi for over two months, seeking the repeal of agricultural laws passed in September. The protests had largely been peaceful but violence erupted on January 26, when a tractor rally planned to coincide with Republic Day celebrations turned chaotic.
Some protestors broke through barricades and poured into the city, clashing with the police that tried to push them back with tear gas and a baton charge. Besides the death of one protestor, several others, including 300 Delhi Police personnel were also wounded.
The Delhi Police said on Saturday that 84 people have been arrested and 38 first information reports filed so far in connection with the violence.
Several farmer leaders, including Swaraj India President Yogendra Yadav and Bharatiya Kisan Union’s Haryana unit President Gurnam Singh Chaduni, were named in one of the FIRs filed by the police.
The police have alleged that farmer leaders made inflammatory speeches, and were involved in the violence during the tractor parade. Farmers have denied the allegations and blamed “antisocial elements” for the chaos.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Online
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Jan 30, 2021
- Event Description
On January 30, police in the state opened criminal investigations into Sharma, a reporter at The Kashmirwalla news website, and Junaid, a reporter at The Kashmiriyat news website, for alleged incitement, according to various news reports and Fahad Shah, editor-in-chief of The Kashmirwalla, and Qazi Shibli, news editor of The Kashmiriyat, both of whom spoke to CPJ in phone interviews.
The investigation into Sharma and Junaid concerns reports they published on January 27 in The Kashmirwalla and The Kashmiriyat, which each quoted the chairperson of a school in the southern Kashmiri city of Shopian, who said Indian Army authorities had pressured the school to celebrate Republic Day, according to Shah and Shibli. After those articles were published, the school issued a statement denying that it had received pressure from authorities, according to the news website Scroll.in. Shah told CPJ that The Kashmirwalla outlet stands by its story.
The investigation is based on a complaint filed to police by an unnamed army official, who accused Sharma and Junaid of spreading “fake news,” which poses “serious concerns for security of [the] region as they can cause riots & create problems for law & order situation for public & armed forces,” according to a copy of the complaint reviewed by CPJ and Scroll.in.
The complaint accuses the journalists of violating Sections 153 (wantonly giving provocation with intent to cause riot) and 505 (statements conducing to public mischief) of the Indian Penal Code. The complaint also accuses The Kashmirwalla and The Kashmiriyat, as corporate entities, of the same offenses.
Both Shah and Shibli told CPJ that their reporters were not given copies of the complaint, and they found out about the police investigation through social media. If charged and convicted, Sharma and Junaid could face up to three years in prison under Indian law.
On February 2, a court rejected Shah and Sharma’s petition for pre-emptive bail, which would exempt the journalists from detention during the investigation, and both are now petitioning Jammu and Kashmir High Court, Shah told CPJ.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Online
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Jan 29, 2021
- Event Description
A court in Kazakhstan has upheld a three-year parole restriction on Kazakh activist Maks Boqaev upon his expected release from prison on February 4.
The Atyrau City Court in the country's west on January 29 rejected Boqaev's appeal, saying "the hearing did not find grounds to consider that Maks Boqaev's rights and interests had been violated by the lower court's decision."
Boqaev disputed the lower court's January 22 decision to impose restrictions on him after his release next week, calling the move politically motivated.
The 48-year-old activist was arrested and sentenced to five years on extremism charges in 2016 after he organized unsanctioned protests against land reform in Atyrau.
The United States, European Union, and the United Nations have urged Kazakh authorities to release Boqaev.
Human rights organizations in Kazakhstan have recognized Boqaev as a political prisoner. Kazakhstan's government has insisted that there are no political prisoners in the country.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment, Restrictions on Movement
- Rights Concerned
- Freedom of movement, Right to fair trial
- HRD
- Land rights defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Jan 29, 2021
- Event Description
On January 29, 2021, the villagers of Nagepur held a rally and dharna in Nagepur, Varanasi under the banner of "Lok Samiti Sanstha". Copies of new agricultural law and effigy of central government were burnt in protest and the participants demanded withdrawal of all three agricultural laws and to remove fake cases against farmers. The protest ended peacefully. After the protest, there were several newspaper and social media reports regarding this protest in the village adopted by the Prime Minister Mr. Narendra Modi. Around 9:00 pm, Mr. Nandlal was informed by an unofficial call that a FIR is being registered on him. On January 29, 2021, at 11:34 pm an FIR was registered by Mr. Parveen Kumar Mishra, Sub-Inspector, Mirzamurad police station, Varanasi, under IPC Sections 188- (disobedience to order duly promulgated by public servant); IPC 504- (intentional insult with intent to provoke breach of the peace.); IPC 270- (malignant act likely to spread infection of disease danger-ous to life); and, IPC 269 – (negli ent act likely to spread infection of disease danger-ous to life.) On February 02, 2021, Mr. Mishra and another policeman reached Nagepur with a notice which asked the above named HRDs to assist in the investigation and to appear at the summons of the court if the need arises. The names of five people are listed in the FIR but Ms. Anita's name was not in the notice. Rather, the new name is Ms. Chandramukhi, another WHRD in Nagepur, Varanasi. It is beyond comprehension, why one of the names listed in the FIR was removed from the notice and a new name is inserted in notice.
- Impact of Event
- 5
- Gender of HRD
- Man, Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to Protest
- HRD
- Community-based HRD, WHRD
- Perpetrator-State
- Police
- Source
Information shared by a FORUM-ASIA member
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Jan 28, 2021
- Event Description
A court in northern Kazakhstan has sentenced an opposition activist to jail and fined two other people for allegedly taking part in an unsanctioned rally.
The administrative court in the city of Kokshetau on January 28 handed a 12-day jail sentence to Aslan Qurmanbaev.
Another activist, Marat Zhanuzaqov, and a local resident, Gaukhar Shakenova, were both fined 87,500 tenges ($205).
The case stems from an unsanctioned rally held in Kokshetau's central square on January 25 by hundreds of people angered by what they called the government’s poor results in the fights against corruption and the coronavirus pandemic.
All three defendants pleaded not guilty to the charges.
Shakenova said she did not participate in the rally but was just a passerby.
Kokshetau is a remote city of 146,000 people located 300 kilometers northwest of Kazakhstan’s capital, Nur-Sultan.
Human rights groups have said Kazakhstan’s law on public gatherings contradicts international standards as it requires preliminary permission from authorities to hold rallies and envisions prosecution for organizing and participating in unsanctioned rallies even though the nation’s constitution guarantees its citizens the right of free assembly.
- Impact of Event
- 3
- Gender of HRD
- Other (e.g. undefined, organisation, community), Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Community-based HRD, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Jan 28, 2021
- Event Description
Three high school activists, the youngest of them 16, were indicted Thursday for their roles in organizing an anti-government protest in October.
Leaders of the “Bad Students” education reform group Laponpat “Min” Wangpaisit, 18, Benjamaporn “Ploy” Nivas, 16, as well as activist Khanaphot “Phoom” Yaemsanguansak, 16, appeared at the Central Juvenile and Family Court on Thursday afternoon. They were charged with breaching the Emergency Decree’s ban on gatherings.
They were later released without having to post any bail, since they were not deemed a flight risk.
“We will deny all the allegations,” Laponpat said before entering the court. “We’re disappointed to see those in power trying to prosecute us, but we will continue to fight for justice. We hope other students will join our fight as well.”
The defendants stand accused of violating the Emergency Decree for organizing an anti-government rally at Ratchaprasong Intersection on Oct. 15. At least three other adults, which include Free People leader Tattep Ruangprapakitseree, were also charged with the same offense.
The government imposed the State of Severe Emergency at the time, permitting the authorities to ban public gatherings of more than five people. The special law, which also empowers authorities to censor media deemed to cause unrest, was revoked a few days later, on Oct. 22.
Thai Lawyers for Human Rights attorney Koomklao Songsomboon, who represented the defendants, said the student activists are due to appear before the court again in April.
“The youths were exercising their rights under the Constitution. They were calling for an education reform, which shouldn’t be unlawful,” Koomklao said. “The prosecution of the youths is against the international convention on children’s rights as well.”
If found guilty, they face up to two years in juvenile detention center and a maximum fine of 40,000 baht.
“The prosecution is almost the same as adults,” Koomklao said.
At least six youths were charged for their roles in the protest. In December, a 16-year-old boy was charged with royal defamation for allegedly mocking the monarchy by wearing a crop-top.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- Judicial Harassment
- Rights Concerned
- #COVID-19, Freedom of assembly, Offline, Right to Protest
- HRD
- Student, Youth
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Active
- Country
- India
- Initial Date
- Jan 28, 2021
- Event Description
The police have filed a case against seven people, including Congress leader Shashi Tharoor and journalist Rajdeep Sardesai, for allegedly “misreporting” and “spreading disharmony” during the clashes between the police and the protesting farmers on Republic Day.
The FIR was filed on Thursday night by Gurugram Police on the basis of a complaint by Jharsa resident Pankaj Singh (34), who works with a private company. The police said the complainant has accused Tharoor, Sardesai and five other journalists of spreading “false and misleading information”.
Karan Goel, assistant commissioner of police (DLF), said that the police would probe the complaint that the suspects had spread fake news accusing the Delhi police of the murder of a person who was driving tractor during the riot in the Capital on Republic Day. “Gurugram Police has begun an investigation into the matter,” said Goel.
On Tuesday, thousands of protesting farmers had clashed with the police during the tractor rally called by farmer unions to highlight their demand for repeal of the Centre’s three farm laws.
A case under sections 120B (criminal conspiracy), 124A (sedition), 153-A (promoting enmity between different groups), 153-B (imputations, assertions prejudicial to national integration) and 505(2) (statements creating or promoting enmity) of the Indian Penal Code (IPC) was registered at the Cyber police station of Gurugram.
“I filed a complaint with the Gururgam Police on Thursday and attached the social media posts from the suspects Twitter handles. I was deeply aggrieved by widespread riots on Republic Day in the national Capital,” said Singh. “I am a middle-class person with no political affiliation,” he further added.
The journalists named in the FIRs are Rajdeep Sardesai, Mrinal Pande, Vinod Jose, Zafar Agha, Paresh Nath and Anant Nath. The Editors Guild of India has condemned filing of police cases against them.
"The journalists have been specifically targeted for reporting the accounts pertaining to the death of one of the protestors on their personal social media handles as well as those of the publications they lead and represent. It must be noted that on the day of the protest and high action, several reports were emerging from eyewitnesses on the ground as well as from the police, and therefore it was only natural for journalists to report all the details as they emerged. This is in line with established norms of journalistic practice," the Editors Guild said in a statement.
- Impact of Event
- 6
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Judicial Harassment
- Rights Concerned
- Offline
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Jan 28, 2021
- Event Description
Authorities in the northern Chinese province of Hebei have detained activist and writer Pang Jian on suspicion of "splitting the country."
Pang, 30, who writes under the pen-name Gao Yang, was detained by police in Hebei's Gaobeidian city in January at his home in Pangcheng village.
His detention came after he reported on forced demolitions and evictions in rural areas around Beijing, Tianjin and Hebei, his father Pang Jingxian told RFA in a recent interview.
"They have been doing coronavirus testing around here lately, and he went to line up [to get tested]," Pang Jingxian said. "Somehow, I'm not sure exactly how, the police detained him while he was there."
"Then the police came and searched our home, looking through Pang Jian's stuff," he said. "They took it all away, and we didn't hear anything for a while."
Later, police sent a notice of detention and a notice of formal arrest to Pang Jingxian, and were dated Jan. 15 and Jan. 28 respectively, Pang's father said.
"After they notified me, I went to visit him a few times, but we haven't heard anything since then," he said.
According to the notice of detention, Pang Jian was criminally detained on suspicion of "inciting secession" at 11.00 a.m. on Jan. 15, 2021.
Both notices gave his place of detention as Gaobeidian Detention Center.
Documenting Catholic churches
But Pang's family have not been able to contact him there, Pang Jingxian told RFA.
"We can't get a hold of him now, and we haven't found a lawyer," he said.
Pang is also a Catholic church member, and had written about Hebei's extensive Catholic church community and unique culture, according to his U.S.-based friend Ryan Shi.
"He took photos of almost all of the Catholic churches in Hebei, as well as local customs and architectural features," Shi told RFA.
Pang had also featured in Hong Kong media talking about Hebei's underground Catholic community.
His U.S.-based friend Cai Quan said she had believed he was either detained or in an accident after his phone went offline some time in March.
"Maybe he is in some kind of illegal detention," Cai said.
An employee who answered the phone at the Gaobeidian Detention Center on July 3 said Pang is still being held there on suspicion of "inciting secession."
Asked about Pang's health and wellbeing, the employee said it was "very good," with no mental health issues.
The employee said Pang isn't allowed visits due to the coronavirus.
"They can't visit right now," the employee said. "One reason is that the case isn't yet closed, and the other is the coronavirus situation, so no visits are allowed."
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Artist, Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Jan 28, 2021
- Event Description
Rights groups and activists at home and abroad Friday denounced China for barring a prominent Chinese democracy and rights activist from leaving for the United States to care for his cancer-stricken wife.
They called the action “inhuman” and said China is a “fascist” state because the activist, Guo Feixiong, is a free man and the communist government has no right to restrict his travel.
Guo launched a hunger strike Thursday to protest after he was stopped at the Shanghai airport.
“I now begin my hunger strike indefinitely at the Shanghai Pudong International Airport. The customs have officially barred me from leaving the country on suspicion of endangering national security. I urge all the Chinese people and governments around the world to help me,” Guo wrote in a short message to VOA Thursday night, saying that he was being seized by two police officers at customs.
A brutal action
“What a brutal action by the state police and the customs,” he added.
Guo, 54, has since been unreachable, with his whereabouts unknown.
The public security bureau in Shanghai said Friday that it is unable to handle VOA’s inquiry as it is uncertain which unit made the arrest.
Prior to his departure from Guangzhou in south China’s Guangdong province, Guo told VOA he is determined to join his wife, who is in the U.S. and about to begin months of chemotherapy after her cancerous colon tumors were removed during surgery earlier this month.
“I will only stop my hunger strike the minute I’m allowed to board the plane. My life will apparently hang in the hands of the state police if you’re unable to reach me at my cellphone [later]… The [police’s] move is extremely inhuman, and they have to be held legally and morally responsible for my hunger strike,” Guo told VOA a day before his planned flights Thursday.
According to Guo, local police in Guangzhou had warned him on Tuesday about attempting to travel to the U.S. They said that his travel plan was vetoed at the last minute by their higher-ups in the Ministry of Public Security, even though Guo has legally obtained all necessary travel permits from local authorities, including proof of a negative COVID-19 test. The ministry also threatened to send police to intercept him if he made it to the airport in Shanghai on Thursday, he added.
Some kind of agreement
The local police, in addition, demanded that Guo fly to his birthplace in Hubei province and talk with public security officers there to reach “some kind of agreement” – a request Guo said he flatly rejected.
It is widely speculated among Chinese rights lawyers and activists, many of whom are not free to speak, that Chinese authorities want to hold Guo hostage and keep him quiet.
“The police have absolutely no rights to deprive Guo of his freedom to travel. This is outrageous. What harm can dissidents, who travel overseas, do to endanger the regime?” a rights activist surnamed Lee told VOA on condition of anonymity.
Guo, whose real name is Yang Maodong, has been an active rights defender and political dissident since 2005. He had served a total of 11 years in prison on charges such as “picking quarrels and provoking” and “assembling a crowd to disturb order at public places.”
He was last freed from jail in late 2019 after having served a six-year sentence for his participation in a protest against the Guangzhou government’s censorship of a local liberal-leaning publication – the Southern Weekly.
However, Guo remains an outspoken dissident, who has called on Chinese President Xi Jinping to launch political reforms, abide by the country’s constitution and ensure press freedom, while urging the Chinese government to deepen its cooperation with the U.S.
To avoid China’s alleged political persecution, Guo’s wife, Zhang Qing, and their two children fled to the U.S. in 2009 and have been granted political asylum there.
A group of more than 100 dissidents, led by former Tiananmen Square movement leader Wang Dan, signed a petition in support of Guo.
They said, in a press statement, that “given Guo is a free man, China has no rights to keep him from visiting his family overseas whether it is from the legal, human rights or humanitarian perspectives. China’s inhuman move has proved again that its regime is increasingly fascist.”
“We called on western governments to help Guo facilitate his trip through diplomatic avenues,” the statement read.
In particular, Wu’er Kaixi, another Tiananmen student leader who also signed the petition, called on U.S. President Joe Biden and his administration to extend a helping hand to Guo.
Calls on U.S. to take action
“President Biden has and [Secretary of State] Mr. [Antony] Blinken has also strongly reiterated their stance against China, based on values, … We want to see action following [their] very well-said statement. And we want to see action to help Guo Feixiong and that action will ratify those statements,” Wu’er told VOA.
The former Tiananmen activist, who now lives in Taipei, said that many in Taiwan are also “outraged” about China’s disapproval of Guo’s travel – a move he said “was against the minds and hearts of all mankind.”
Several other rights groups, including the Hong Kong-based China Human Rights Lawyers Concerned Group, the U.S.-based Human Rights Lawyers of China and the Taipei-based New School for Democracy, all denounced China’s restriction on Guo’s ability to travel freely.
The restriction “is inhuman and it is also a reprisal to legal activists in China,” Du Song of the Hong Kong-based rights group said in a written reply to VOA, urging China to quickly reverse its decision.
In a press statement, the U.S.-based rights group expressed concern over Guo’s health.
“We’re deeply concerned about his health and life after he has staged another indefinite hunger strike. Guo was once on hunger strike in 2014 for a long time, which had taken a toll on his physical condition… We urge all relevant bodies [in China] to reconsider and soon greenlight his trip to take care of his wife in the U.S.” its statement read.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment, Restrictions on Movement, Travel Restriction
- Rights Concerned
- Freedom of movement
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Jan 26, 2021
- Event Description
An activist in Kazakhstan's southern region of Turkistan has been handed a parole-like sentence for his links with a banned political masovement.
The Ordabasy district court on January 26 sentenced Qairat Sultanbek to one year of "freedom limitation" after finding him guilty of involvement in the activities of the banned opposition Koshe (Street) Party, which has links with another outlawed party, the Democratic Choice of Kazakhstan (DVK) movement.
The 47-year-old activist told RFE/RL after his sentence was pronounced that he will appeal the ruling, calling it politically motivated.
Sultanbek was placed under house arrest after he was detained and charged in September.
Several activists across the Central Asian nation have been handed "freedom limitation" sentences for their involvement in the activities of the Koshe Party and DVK, and for taking part in rallies organized by the two groups..
DVK is led by Mukhtar Ablyazov, the fugitive former head of Kazakhstan’s BTA Bank and an outspoken critic of the Kazakh government. Kazakh authorities labeled DVK extremist and banned the group in March 2018.
Human rights groups have said that Kazakhstan’s law on public gatherings contradicts international standards as it requires preliminary permission from authorities to hold rallies and envisions prosecution for those organizing and participating in unsanctioned rallies even though the nation’s constitution guarantees its citizens the right of free assembly.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment, Restrictions on Movement
- Rights Concerned
- Freedom of association, Freedom of movement, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Singapore
- Initial Date
- Jan 26, 2021
- Event Description
Three people were arrested for taking part in a public assembly without a permit outside the Ministry of Education (MOE) headquarters in Buona Vista on Tuesday (Jan 26), police said in a statement.
The police added that the trio, whom they did not name but said were aged between 19 and 32, were released on bail at about 10pm.
Investigations are ongoing.
The three were among a group of five people who allegedly staged a protest outside the building at about 5pm on Tuesday, carrying placards stating "#FIX SCHOOLS NOT STUDENTS", "WHY ARE WE NOT IN YOUR SEX ED", "HOW CAN WE GET A's WHEN YOUR CARE FOR US IS AN F", "trans students will NOT be erased" and "trans students deserve access to HEALTHCARE & SUPPORT".
The police said that when officers arrived at the scene, only three individuals remained.
They have been identified by activists as Elijah Tay, Lune Loh and Kokila Annamalai.
They were warned to cease their activities, as they were liable for an offence, but they ignored the police's warning and continued with their activities, police said.
"The group was then issued with a 'Move-on' direction under Section 36 of the Public Order Act and were told that they would be arrested if they failed to adhere to the direction," said the police.
"The three refused to comply despite the police's repeated warnings, and were arrested under the Public Order Act at around 5.35pm," police added.
They said that five placards, two multi-coloured flags and a blue bag were seized in relation to the case.
The protesters had, at around the time of their gathering, issued a statement to the media saying they were a group of students and supporters calling on MOE to end discrimination against LGBTQ - lesbian, gay, bisexual, transgender and queer - students in schools, adding that it is a longstanding issue.
The protest comes after a transgender pre-university student diagnosed with gender dysphoria said in a Reddit post this month that the MOE had blocked her from getting hormonal treatment.
The MOE had said this was not true, as it was not in a position to interfere with any medical treatment, which is a matter for the student's family to decide on.
In their statement, the police said that organising or participating in a public assembly without a police permit is illegal and constitutes an offence under the Public Order Act.
- Impact of Event
- 3
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to Protest
- HRD
- SOGI rights defender, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Malaysia
- Initial Date
- Jan 25, 2021
- Event Description
Zulkiflee Anwar Alhaque, the famous Malaysian cartoonist better known as Zunar, is again facing prosecution over a cartoon criticizing a politician. Reporters Without Borders (RSF) calls for the withdrawal of the latest complaint against Zunar and for an end to the use of Malaysia’s sedition law to silence those who criticize the authorities.
Zunar is facing a possible three-year jail term in the action brought against him on 25 January by an ally of the prime minister of the northwestern state of Kedah. It was prompted by a cartoon published on Zunar’s Twitter account that morning criticizing the prime minister’s decision to cancel this year’s celebration of Thaipusam, a Hindu religious festival that the Tamil community normally observes on 28 January.
The cartoon shows the prime minister slamming a cleaver (bearing the words “No Thaipusam”) down on a table around which representatives of Malaysia’s various ethnic groups had been seated. A caption above them says: “Kedah’s inhabitants lived in peace until he came.”
The president of the youth wing of the Malaysian Islamic Party, which support’s the state’s prime minster, initiated the defamation proceedings against Zunar with the aim, he said, “of giving a lesson to all those who think everything can be arbitrarily politicized.”
The complaint accuses Zunar of violating the sedition law, which penalizes “a tendency to bring into hatred or contempt or to excite disaffection against any ruler or against any government.” When reached by RSF, Zunar said he feared getting a call or visit from the police at any time.
Symbol
“It is unacceptable for a cartoonist to be prosecuted over nothing more than a cartoon that annoyed someone,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk. “The right to criticize is the very essence of cartoons. We call on prosecutors to immediately drop these absurd charges against Zunar. Malaysia’s leaders must stop abusing the sedition law to suppress freedom of expression.”
Zunar, who was awarded the Cartooning for Peace Prize in 2016, has become a symbol of press freedom in Malaysia. The authorities have repeatedly used the sedition law against him, resulting in his imprisonment in 2010 and 2015. He was arrested again under the sedition law in 2016 because of cartoons about government corruption. During a sale of his books a few days later, the police arrested him yet again and confiscated material worth more than 20,000 dollars.
Malaysia is ranked 101st out of 180 countries in RSF's 2020 World Press Freedom Index, 22 places higher than in 2019, but could fall again as a result of the more draconian policies now being pursued by the authorities.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Artist
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Jan 22, 2021
- Event Description
Two protestors were arrested at the Victory Monument on Friday for calling attention to government neglect of a group of Karen villagers that were evicted from Bang Kloi Bon village in the Kaeng Krachan Forest Complex over a decade ago.
One of the protestors arrested was Tatchapong “Boy” Kaedum, an anti-junta activist. The two protestors were taken to the Phaya Thai Police Station where they will most likely be charged with the violation of the Maintenance of the Cleanliness and Orderliness of the Country Act which carries a fine of between 500 and 10,000 baht.
The protestors had held up signs including #saveบางกลอย (#saveBangKloi) and “ชาติพันธุ์ก็คือคน” (All ethnicities are human).
They were calling attention to the Department of National Parks, Wildlife and Plant Conservation (DNP)’s latest decision not to let a group of evicted Karen villagers return to their ancestral home in Phetchaburi’s Kaeng Krachan National Park.
The DNP said the law does not allow for human settlements to be located there even though the Karen have been living there for generations until the government forced them to leave in 1981.
Many of the evicted Karen villagers say they want to return and have struggled to adapt to life outside their indigenous homeland.
“If we stay where they want us to be, we will starve to death,” one of the villagers told an online seminar on Thursday.
“We have decided to go back because we have been unable to make a living.
“We cannot go out to work in the towns, we cannot sell our products, we do not have any income at all,” he added.
The Supreme Administrative Court in 2018 ordered the DNP to pay 10,000-baht compensation to six Karen villagers in compensation for burning down their homes.
There are more than 350,000 Karen people living in Thailand right now while the majority of the world’s five million Karen people are living in Myanmar.
- Impact of Event
- 2
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security, Right to Protest
- HRD
- Land rights defender, Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Jan 21, 2021
- Event Description
Pro-democracy activist Chonthicha “Kate” Jangrew became the latest person to be charged with defaming the monarchy – an offense that has seemingly turned into a political weapon against government critics.
Speaking on the phone Monday morning before reporting to the police, Chonticha urged the international community to keep up the pressure on the ongoing crackdown under Article 112 of the Criminal Codes, aka lese majeste. As many as 56 people are now charged under the offense in a spate of just three months, her attorney said.
“People around the world are watching the enforcement of Article 112,” the activist said. “The use of the law is embarrassing the Thai government even more. I’d like to invite the international community and organizations to keep a close watch on this matter.”
Chonticha, who led numerous protests against the government in 2020, predicted that more lese majeste complaints would be lodged in the near future against those calling for reforms of the monarchy.
“The cases will just keep rising,” she said. “We also have to question the monarchy, why they let the case number increase.”
The activist said she received the police summons informing her that she was charged with Article 112 on Thursday, but the document did not specify what alleged wrongdoing she might have committed. Chonticha is one of the leaders behind the protest movement that sought to oust PM Prayut Chan-o-cha, draft a more democratic charter, and reform the royal institution.
Lese majeste bans threats or insults made toward the King, Queen, Regent, and Heir Apparent. Violators face up to 15 years in jail, per count.
But the head of Thai Lawyers for Human Rights, a group that’s representing lese majeste suspects in court, said police appear to accept any royal defamation complaints against the dissidents regardless of the circumstances.
“We’ve seen that it’s a problem. The police accepted every complaint,” Yaowalak Anuphan said. “We have to question the police. The police claim that they receive the complaint, so they must proceed with it, [but] Article 112 is now a political weapon. It’s very sweeping.”
The attorney also warned such arbitrary and indiscriminate use of lese majeste will eventually erode the public trust in the law enforcement.
“Eventually, Article 112 will become a law without rules,” Yaowalak said.
Police spokesman Col. Kissana Phathanacharoen was not available to comment as of press time Monday.
The use of lese majeste was absent for several years, until it made a return in November, shortly after PM Prayut Chan-o-cha said the authorities would use every available law in the book to punish those accused of insulting His Majesty the King.
Some democracy advocates have been charged with multiple counts of lese majeste, which could land them in lengthy jail terms. For instance, Rayong-based activist Panupong “Mike” Jadnok will hear the seventh lese majeste charge pressed against him later today, his lawyer said.
In Lampang province, five people also reported themselves to police over lese majeste charges, the Thai Lawyers for Human Rights Group reports.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Pro-democracy defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Myanmar
- Initial Date
- Jan 21, 2021
- Event Description
Myanmar authorities should immediately drop criminal defamation and other complaints against four ethnic-Rakhine (Arakanese) journalists, Fortify Rights said today. Last week, on January 22, Myanmar authorities filed criminal defamation complaints against Development Media Group (DMG) journalists Hnin Nwe, 23, and Nay Win San, 26, for publishing a story alleging the military confiscated rice and used forced labor in Rakhine State.
Two other DMG staff members—journalist Aung Kyaw Min, 40, and founder of DMG Aung Marm Oo, 40—are also currently facing criminal charges brought against them by Myanmar authorities in December 2020 and May 2019, respectively.The Sittwe-based DMG is an ethnic-Rakhine-led media outlet reporting on human rights violations and other news in Rakhine State and other parts of the country.
On January 22, Major Phone Myint Kyaw filed a criminal complaint at the No. 2 Police Station in Sittwe Township alleging that journalist Hnin Nwe and Nay Win San, editor-in-charge of the DMG, violated Section 66(d) of Myanmar’s Telecommunications Law. The Myanmar authorities requested the pair to report to the No. 2 Police Station in Sittwe today as part of the police investigation.
The complaints stem from an article DMG published online on January 10 alleging Myanmar military personnel looted 700 baskets of unhusked rice paddy in Kyauktaw Township, Rakhine State on January 7. The report also claims the military forced residents in Kyauktaw Township to mill rice.
Section 66(d) of the Telecommunications Law prohibits “extorting, defaming, disturbing or threatening to any person by using any telecommunications network.” Violations carry sentences of up to two years’ imprisonment and/or a fine of up to one million Myanmar Kyat (US$751).
The earlier cases brought by the Myanmar authorities against DMG journalist Aung Kyaw Min and DMG founder Aung Marm Oo remain pending.
Maung Win of the Department of Roads and Bridges Management in Maungdaw Township filed a complaint at the Maungdaw Township Police Station in Rakhine State on December 13, 2020 alleging that Aung Kyaw Min violated Section 66(d) of the Telecommunications Law. The allegations stem from an article published on December 11 by DMGthat reported complaints about local government failures to repair a broken bridge in Maungdaw, Rakhine State. The case against Aung Kyaw Min is still under police investigation, and the trial has yet to begin.
Aung Marm Oo, also known as Aung Min Oo, also faces up to five years in prison and a fine after the Special Branch Police, operating under the Ministry of Home Affairs, filed a complaint at the Sittwe Myoma Police Station No. 1 in Rakhine State on May 1, 2019 alleging violations of Section 17/2 of the Unlawful Association Act.
Section 17/2 of the Unlawful Associations Act provides criminal penalties to “Whoever manages or assists in the management of an unlawful association, or promotes or assists in promoting a meeting of any such association, or of any members thereof.”
Aung Marm Oo is currently in hiding.
“I wonder if the military is deliberately imposing various restrictions on DMG, disrupting the media and intimidating journalists and editors,” Aung Marm Oo told Fortify Rights. “I sometimes wonder if the government and the military are deliberately collaborating to impose restrictions on DMG so that we can no longer continue to operate, and so that DMGcannot stand as a news organization.”
In March 2020, the Ministry of Transport and Communications (MOTC) directed telecommunications operators to ban 221 websites, including ethnic media outlets DMG, Narinjara, and Karen News, and several Rohingya-led news sites. The Myanmar government cited no reasons for targeting specific outlets nor did it provide a legal basis for the directive. Section 77 of the Telecommunications Law provides that the MOTC “may, when an emergency situation arises to operate for public interest, direct the licensee to suspend a Telecommunications Service, to intercept, [or] not to operate any specific form of communication . . .”
Aung Marm Oo founded DMG on January 9, 2012, and it was based on the Thailand-Myanmar border before registering in Myanmar and moving to Sittwe and Yangon in January 2014. DTV Daily News Programme and the bi-monthly Development News Journal operate under the DMG. DMG publishes in English and Burmese languages.
Under international law, restrictions on freedom of expression are permissible only when provided by law, proportional, and necessary to accomplish a legitimate aim. Criminal penalties for defamation, including imprisonment, constitute a disproportionate punishment that infringes on the right to freedom of expression.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Jan 20, 2021
- Event Description
On 20 January 2021, the People’s Court of Hau Giang sentenced woman human rights defenderĐinh Thị Thu Thủy to seven years in prison. The woman defender was charged under Article 117of the Penal Code, which relates to conducting anti-state propaganda. Đinh Thị Thu Thủy has beenin detention since her arrest from her from her apartment in Ho Chi Minh City on 18 April 2020. Đinh Thị Thu Thủyis a woman human rights defender and an engineer. As a woman human rightsdefender, she has been a strong advocate for freedom of expression and environmental rights, andhas been outspoken against the negative implications of overseas investment projects. On 20 January 2021, at her first- instance hearing, the People’s Court of Hau Giang sentencedĐinh Thị Thu Thủy to seven years in prison. The woman defender has been charged with “making,storing, disseminating or propagandising information, materials and products that aim to opposethe State of the Socialist Republic of Vietnam” under article 117 of the Penal Code of 2015. ĐinhThị Thu Thủy was arrested on 18 April 2020 for allegedly creating several Facebook accounts todisseminate articles to distort Vietnam’s policies and to defame its leadership. She was alsoaccused by authorities of criticizing the communist regime’s response to the COVID-19 pandemic.The woman human rights defender was held in incommunicado detention for seven months untilNovember 2020, when she was finally allowed to have contact with her family. Đinh Thị Thu Thủywas granted access to her lawyer for the first time in December 2020, eight months after herdetention. The woman defender is a single mother to a nine year old girl and has been undersevere psychological stress due to lack of visitation and contact with her family. In the past two years, Đinh Thị Thu Thủy has come under frequent judicial harassment,persecution, and surveillance by the Vietnamese authorities. After her participation in a masspeaceful demonstration in Ho Chi Minh City on June 2018, which protested two bills, the SpecialEconomic Zone Bill and the Cyber Security Bill, the woman human rights defender was detained,beaten, interrogated, and fined before being released. The Special Economic Zone bill sought tofavour Chinese investments in the country, in spite of existing disputes amongst the two countriesand the environmental repercussions of such investments. The Cyber Security Bill, which hassince been passed to become law, strives to curb any form of online dissent or criticism against thegovernment. Đinh Thị Thu Thủy’s sentencing comes after the sentencing of three human rights defenders,Nguyen Tuong Thuy, Le Huu Minh Tuan and Pham Chi Dung under the same charges underArticle 117 of the Penal Code. On 14 January 2020, UN experts, in a press release, condemned therecent arrests in Vietnam and the dangerous and blatant usage of Article 117 of the Penal Code tosilence critical voices and further restrict the right to freedom of expression. Front Line Defenders condemns the arrest and sentencing of woman human rights defender ĐinhThị Thu Thủy. It is concerned about the shrinking space for exercising the right to freedom ofexpression in the country and the ongoing judicial harassment of human rights defenders. FrontLine Defenders believes that Đinh Thị Thu Thủy, like other human rights defenders recentlyarrested, is being targeted solely for her peaceful work in defence of human rights in Vietnam.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial
- HRD
- Environmental rights defender, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Jan 19, 2021
- Event Description
A court in Gujarat’s Kutch district on Tuesday issued an arrest warrant against senior journalist Paranjoy Guha Thakurta in a defamation suit filed by the Adani Group.
Judicial magistrate Pradeep Soni issued a direction to the Nizamuddin police station in New Delhi, asking them to arrest Thakurta, who “stands charged with complaint under section 500 of IPC [defamation]”, according to news agency PTI.
The Adani Group had filed the defamation suit following a June 2017 article that said the Narendra Modi government tweaked rules relating to special economic zones which gave the group a “Rs 500 crore bonanza”.
Thakurta’s lawyer told PTI that they haven’t received any intimation (from the court). “This information (on arrest warrant) has come to us from media,” Anand Yagnik said.
He added said the Adani Group had withdrawn complaints against everybody but not against his client.
“The magazine (which published the article) is not responsible (for criminal defamation), the case against co-authors has been withdrawn but you don’t withdraw the complaint against [another] author,” he said. “We have moved a discharge application.”
With the pandemic affecting court hearings last year, the case filed by Adani had come up before the court on Monday and the court had said it will pass an appropriate order, he added.
The article was first published by Economic and Political Weekly on June 14, 2017, of which Thakurta was the editor-in-chief at the time. The Wire had then republished the piece on June 19, 2017.
While EPW removed the article after receiving notices from the Adani Group, The Wire contested the application for an injunction. In May 2019, the group withdrew all its cases against The Wire.
Thakurta resigned as editor of EPW after its publisher Sameeksha Trust ordered the editorial department to take the article down.
In a statement issued on Wednesday, The Wire has said:
“Paranjoy Guha Thakurta and two other authors wrote an article for the Economic and Political Weekly in 2017 on the Adani group, which was republished subsequently by The Wire.
While the Adani group had initiated both civil and criminal defamation against the three authors and The Wire in 2017, the proceedings against The Wire and its Editors were unconditionally withdrawn in 2019, as were those against two of the three authors of the article.
We are dismayed to see that the case of civil and criminal defamation against Paranjoy Guha Thakurta has not been withdrawn.
The Wire wishes to place on record its stand that the article itself is legitimate expression and not defamatory in the least.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Judiciary
- Perpetrator-Non-State
- Corporation (others)
- Source
- Monitoring Status
- Pending
- Country
- Pakistan
- Initial Date
- Jan 18, 2021
- Event Description
Pakistani authorities have rearrested a prominent ethnic Pashtun rights activist who is facing sedition charges almost a week after he was released on bail.
Police and the civil rights group say Said Alam Mahsud, a leader of the Pashtun Tahafuz Movement (PTM), was taken into custody in the northwestern town of Dera Ismail Khan on January 18.
He was first arrested early this month in the city of Peshawar before being released on bail on January 13.
A PTM leader, Alamzeb Mehsud, said Mahsud had been charged with "sedition, making anti-state comments, and addressing unsanctioned rallies" in two cases registered in 2019.
Mahsud’s arrest comes a day after another PTM leader, Sanna Ejaz, was detained and forcibly expelled from the southwestern province of Balochistan, amid a growing government crackdown on the movement.
The PTM has campaigned since 2018 for the civil rights of Pakistan’s estimated 35 million ethnic Pashtuns, many of whom live near the border with Afghanistan where the military has conducted campaigns that it says defeated the Pakistani Taliban.
The movement has attracted tens of thousands of people to public rallies in recent years to denounce the powerful Pakistani Army's heavy-handed tactics that have killed thousands of Pashtun civilians and forced millions more to abandon their homes since 2003.
International rights groups say authorities have banned peaceful rallies organized by the PTM and some of its leading members have been arbitrarily detained and prevented from traveling within the country.
Some members have also faced charges of sedition and cybercrimes.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Jan 18, 2021
- Event Description
Peasant groups condemned the arrest of six farmers in Norzagaray, Bulacan after harvesting their own crops, and the series of eviction of farmers in Bataan, Laguna, Cavite, Bulacan and Iloilo.
On Jan. 18, police arrested six farmers in Sitio Compra, San Mateo, Norzagaray, Bulacan following the filing of theft and grave threat by Royal Mollucan Realty Holdings Inc. (RMRHI) against 16 farmers who were evicted from their farm lots.
Arrested were Salvacion Abonilla, John Jason Abonilla, Jenny Capa, Marilyn Olpos, Catherine Magdato, and Eden Gualberto. All are active members of local peasant group SAMA-SAMA, an affiliate of Alyansa ng Magbubukid sa Bulacan-KMP.
Since 2005, the RMRHI has been claiming ownership to the 75.5-hectare land in Sitio Compra in San Mateo village, which farmers have been tilling for decades.
Evicted and harassed
Kilusang Magbubukid ng Pilipinas and Amihan documented other cases of land grabbing and rights violations in the past few months.
Two houses were demolished by the private armed group of Ayala land in Hacienda Yulo, Calamba, Laguna on Jan. 6 and 9. Four farmers were reportedly injured.
On Jan. 13 in Hacienda Ambulong, Talisay, Negros Occidental, peasant couple Marilyn and Edwin Madin were held for questioning by the local police station after an early morning raid conducted by the 79th Infantry Battalion Philippine Army. A two-month old baby under their care was also taken by the soldiers.
On Jan. 14, in barangay General Lim, Orion, Bataan, the houses of about 70 peasant families were destroyed by at least 200 police upon orders from former GSIS President Federico Pascual. Policemen also reportedly threatened to destroy all the crops in the 33-hectare land.
In a press conference on Monday, Jan. 18, Shirley Valentin, a farmer and coordinator of Samahan ng Magsasaka sa Sitio Bangad, narrated how they are being harassed every day by the private goons and the police.
“We do not have anything because they destroyed our house. We just stay outside. Last night it was raining and our things are just out there getting wet,” she said in Filipino.
She added that even the blanket they used to shield themselves was confiscated by blue guards and the police.
“We have nowhere to go. We cannot harvest our crops,” Valentin said. She added that the relocation site offered to them has no power, water supply, and is located in the mountainous area.
Meanwhile, farmers in San Jose Del Monte, Bulacan have long been fighting against land grabbing as there are several real estate development projects in the city. The KMP said the projects of Villar, Ayala Land Inc., SMDC and others in San Jose Del Monte City are intertwined.
There are also about 400 peasant families of Lupang Ramos in Dasmarinas, Cavite who were threatened to be evicted from their farms and houses due to National Grid Corporations of the Philippines (NGCP) project in December last year.
In a statement, Amihan National Chairperson Zenaida Soriano strongly condemned the continuous abuses against “food security frontliners.”
Soriano said it is immoral that in the middle of a pandemic and poverty brought about by lockdown, farmers are being evicted and their houses are being demolished.
Then and now, peasants’ calls are still the same
In time for the commemoration of Mendiola massacre, peasants groups will hold a nationally- coordinated mobilization on Jan. 22 to “denounce and protest the intensifying land grabbing and land-use conversion of productive agricultural land, coupled with state-sponsored human rights violations against farmers.”
KMP Chairperson Danilo Ramos said that then and now, the farmers’ demands are still the same – land reform and free land distribution.
“The situation of Filipino peasants when they marched from Central Luzon to Mendiola in 1987 remains unchanged, and even worse this 2021, especially with the rising cases of peasant massacres and mass killings under the Duterte administration,” Ramos said.
He added that under President Duterte’s administration there are 21 incidents of peasant massacres and mass killings of farmers with 107 victims, based on the documentation of Tanggol Magsasaka.
Ramos blamed the absence of genuine agrarian reform and government projects such as the ‘Build, Build, Build’, which “authorizes the massive conversion of land for the building of arterial roads and linkages, mega-dams, airport, and railway expansions, among other big-ticket infrastructure projects that are the most common source of bureaucratic corruption.”
- Impact of Event
- 6
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Access to justice, Land rights, Right to liberty and security
- HRD
- Community-based HRD, Land rights defender, WHRD
- Perpetrator-State
- Judiciary
- Perpetrator-Non-State
- Corporation Corporation (others)
- Source
- Monitoring Status
- Pending
- Country
- Pakistan
- Initial Date
- Jan 17, 2021
- Event Description
Pakistani security forces have detained and forcibly expelled a prominent ethnic Pashtun rights activist, Sanna Ejaz, from the restive province of Balochistan.
Ejaz is a leader of the Pashtun Tahafuz Movement (PTM), a civil rights movement that has come under a growing government crackdown.
Video footage uploaded on social media showed security forces ushering Ejaz into a vehicle on January 17.
Moments before she was detained in the district of Zhob, Ejaz told RFE/RL that paramilitary forces notified her that she was barred from entering Balochistan, which borders Afghanistan and Iran.
“They are saying my presence could cause unrest,” she told RFE/RL.
Ejaz, a resident of the neighboring province of Khyber Pakhtunkhwa, said she had travelled to Balochistan to launch a library for women.
The library was established by Waak, a movement cofounded by Ejaz and dedicated to promoting women’s rights and education.
Police said the provincial government in November 2020 issued a notice banning PTM leaders, including Ejaz, from traveling to Balochistan for 90 days.
Balochistan is the scene of a separatist insurgency and a brutal state crackdown that has killed thousands of people since 2004.
Activists claim Pakistan’s powerful military has committed widespread abuses in Balochistan, including enforced disappearances, extrajudicial killings of political activists and suspected separatists, arbitrary arrests, and torture. The province is home to a sizeable Pashtun community.
Ejaz was among several PTM leaders charged with making anti-state speeches during an unsanctioned rally in the port city of Karachi, in Sindh Province, on December 6, 2020.
Among them was Ali Wazir, a lawmaker and PTM leader, who was arrested on sedition charges over accusations he made anti-state comments during the rally.
Wazir remains in police custody. He is expected to be presented before an anti-terrorism court.
The PTM has campaigned since 2018 for the civil rights of Pakistan’s estimated 35 million ethnic Pashtuns, many of whom live near the border of Afghanistan where the military has conducted campaigns it says defeated the Pakistani Taliban.
The movement has attracted tens of thousands of people to public rallies in recent years to denounce the powerful Pakistani Army's heavy-handed tactics that have killed thousands of Pashtun civilians and forced millions more to abandon their homes since 2003.
International rights groups say authorities have banned peaceful rallies organized by the PTM and some of its leading members have been arbitrarily detained and prevented from traveling within the country. Some members have also faced charges of sedition and cybercrimes.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Restrictions on Movement, Travel Restriction
- Rights Concerned
- Freedom of movement, Offline, Right to liberty and security
- HRD
- Minority rights defender, WHRD
- Perpetrator-State
- Armed forces/ Military
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Jan 16, 2021
- Event Description
At least seven people were arrested in confrontations between police and small groups of pro-democracy activists at two locations in Bangkok on Saturday.
Four people also suffered minor injuries following a small explosion outside Chamchuri Square on Rama IV Road, not long after demonstrators started leaving nearby Samyan Mitrtown, where they had rallied after being dispersed from Victory Monument. It is not known if the blast was related to the protests.
The day began when a few dozen people calling themselves Free Guards gathered at the Phyathai island near Victory Monument at noon. They unfurled three blank 112-metre banners — a reference to the lese majeste section of the Criminal Code — and invited people to share their thoughts about the government and the royal defamation law.
Several passers-by took up the offer and wrote on the banners before police reached the scene, backed by a fully equipped mob-control team who encircled the outer area.
Among the messages to the government were: “Thai education needs to be improved”, “Stop harassing people”, “A failed government, a divisive society” and “Covid-19 is an excuse”.
More than 40 activists, most of them young, have been charged with lese majeste since mid-November, when Prime Minister Prayut Chan-o-cha said “all laws” would be used to deal with the increasingly vocal protest movement. Prior to that there had been no charges laid under Article 112 for more than two years.
The police warned the demonstrators at Victory Monument that their activity was in violation of the Covid-19 emergency decree, with penalties up to two years in prison and/or a fine of up to 40,000 baht. It also broke the Disease Control Act with one year in jail and a fine of up to 100,000 baht, they said.
They later started arresting people and seized the banners. A scuffle ensued as some resisted by hurling abuse at the officers and lying on the ground. Some were heard asking them why they did not raid gambling dens nearby instead.
Police gave them five minutes to clear the area.
Deputy police spokesman Pol Col Kissana Phathanacharoen later arrived at the scene. He ordered the police to back down and ask people to go home.
At least two people were reportedly taken away. They were believed to have been taken to the Border Patrol Police Region 1 headquarters in Pathum Thani, where many dissidents have been held for questioning in the past.
The Free Guards group later went to the Phayathai police station to demand the release of those being held, but police closed off the area and told them to leave. They complied but decided to assemble again at 3.30pm in front of Samyan Mitrtown in the Pathumwan area.
At the shopping centre, they repeated their demand for the release of the protesters who had been held. Police told them to leave at 4.30pm.
After they left at around 5pm. A blast was heard in front of the mall, slightly wounding two people.
One man sustained cuts from shrapnel in his palm while a reporter from The Standard online news outlet was hurt in the calf. Police later said two officers also sustained minor injuries.
At least five more people were arrested and officers reportedly took their mobile phones, according to Thai Lawyers for Human Rights.
Also on Saturday afternoon, Bad Students, a group of teenaged campaigners for educational reform, held a symbolic demonstration to mark Teachers' Day, gathering in front of the Education Ministry on Ratchadamnoen Avenue.
Before the activity began, police told their leaders that while they would not be prosecuted because they were minors, properly wore masks and kept distancing, they urged them to drop their plan for fear of the Covid-19 spread.
The students bargained with the police, who finally allowed them to hold the activity for 15 minutes, which they broadcast live on Facebook.
The activity involved presenting "gifts" to teachers — canes, scissors and rulers — in front of the ministry’s nameplate, with the sign “The Third Kindness … Beautiful and Fresh”.
The Third Kindness is the name of a song encouraging young people to feel grateful for their teachers. The first kindness is said to be the Triple Gem of Buddhism (Buddha, dhamma and sangha) and the second is parents. All three are what everyone should feel grateful for and pay respect to all their lives.
The students also poured red paint that looked like blood on themselves, signifying how they have been treated by the Thai educational system, before dispersing.
- Impact of Event
- 7
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment, Violence (physical)
- Rights Concerned
- #COVID-19, Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Pro-democracy defender, Student, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- China
- Initial Date
- Jan 16, 2021
- Event Description
On January 16, 10 minutes prior to boarding a high-speed train (D2655) to visit the parents of Lawyer Chang Weiping (their client), two human rights lawyers Chen Keyun and Xie Yang disappeared. Recently, Lawyer Chang's parents had demonstrated against Chinese Communist Party (CCP) officials' secretive imprisonment and torture of their son.
At 11:15 am, January 16 (Beijing time), human rights lawyer Xie Yang texted his location to Chen Guiqiu, his wife: Xi’an North Station. At approximately 10 pm, when Ms. Chen phoned both Lawyer Xie and Lawyer Chen, the calls did not go through. She also phoned Mr. Xiang Xianhong a security agent in charge of Lawyer Chang’s case but he did not answer her call. Around 11 pm, Ms. Chen phoned three other security agents in Changsha, Hunan Province (Mr. Li Kewei, Mr. Li Yang, and Mr. Peng Jinsong). Although the phone calls got through to these lawyers in charge of Lawyer Xie Yang’s case, none of them answered.
Ms. Chen did not receive any information about Lawyer Xie until 6 am January 17. At that time, she learned that Lawyer Xie and Lawyer Chen Keyun had been missing for more than 22 hours.
ChinaAid strongly urges Shaanxi police: “Conform to China’s rule of law and the United Nation’s articles concerning human rights. Stop blatantly infringing on the personal rights of Lawyer Xie Yang and Lawyer Chen Keyun.
Hunan rights lawyer Xie Yang, who recently tried to visit Baoji to support Chang's family, told RFA: "We found out from Chang Weiping's wife that his parents are now under close surveillance, and that the authorities have installed CCTV cameras at the door [of their home]."
Xie said he boarded a high-speed train to Baoji along with fellow lawyer Chen Keyun, but was intercepted by state security police at the provincial capital, Xi'an, where he needed to change trains.
"No sooner had I gotten off the train than I ran into a bunch of people," Xie told RFA in a recent interview. "They claimed it was to do with the pandemic, because my health code didn't scan properly, and that I should cooperate with their investigation."
"But those people didn't look like pandemic prevention types to me; they were state security police from [the provincial capital of] Xi'an," he said. "I told them that they knew perfectly well who I was, and that I knew perfectly well who they were."
The police forced Xie and Chen to leave the high-speed rail station, confiscated their phones and ID cards, and took them to a hotel, where they were held in separate rooms.
They were told they wouldn't be allowed to continue to Baoji, and stability maintenance personnel, or "interceptors," from their hometowns of Changsha and Guangzhou were summoned to escort them back home again.
On returning to Changsha, Xie was placed under house arrest.
"They don't want this information to reach the outside world," Xie said. "There have been rumors going around that [Chang Weiping's parents] have now been detained, but ... nobody can get anywhere near [their home]."
"They are so worried that we will expose the truth," he said. "Maybe they are also worried that we might encourage more supporters to gather."
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment, Restrictions on Movement, Surveillance
- Rights Concerned
- Freedom of movement, Right to healthy and safe environment, Right to liberty and security, Right to privacy
- HRD
- Lawyer
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Related Events
- China: prominent lawyer arrested, held incommunicado
- Country
- Kazakhstan
- Initial Date
- Jan 15, 2021
- Event Description
The ongoing crackdown on local human rights groups casts serious doubt that Kazakhstan’s leadership is genuinely interested in reforms or improving its rights record.
On January 15, tax officials in Almaty, Kazakhstan’s largest city, fined and suspended for three months the operations of elections monitoring group Echo. On January 18, officials in Nur-Sultan, the country’s capital, fined the human rights group Erkindik Kanaty. At least four other groups – Kazakhstan International Bureau for Human Rights and Rule of Law, International Legal Initiative, Legal Media Center, and MediaNet – have been summoned to local tax offices in the coming days. They too are under threat of fines and having their operations suspended.
Kazakh authorities harassing rights groups is, unfortunately, not new. Authorities have an arsenal of restrictive laws and overbroad charges at their disposal to use against activists and groups who do not toe the government line. For example, officials imposed bogus tax audits on three rights groups in 2017 and have repeatedly denied registration to a feminist group in recent years.
But what’s shocking about this latest attack on freedom of association in Kazakhstan is how many groups are being targeted at once and the blatantly unlawful manner in which the authorities’ are acting.
The tax authorities’ claims pertain solely to regulations around how these organizations report the receipt and expenditure of foreign funding to support their activities.
Tax authorities in cities thousands of kilometers apart brought claims against over a dozen rights groups in November 2020, in some cases, years after alleged reporting violations supposedly took place, despite a provision in the law that limits bringing such claims to two months after the alleged violation.
In 2015, when the draft law introducing these burdensome reporting obligations was under consideration, the then-United Nations special rapporteur on the rights to freedom of peaceful assembly and association Maina Kiai warned its adoption may “challenge [associations’] very existence.”
Kazakhstan’s international partners – the European Union and its member states, the United States, and international organizations operating in Kazakhstan – should speak out in support of these respected human rights groups and against the coordinated and unlawful actions of the Kazakh authorities against them. Their future existence could depend on it.
- Impact of Event
- 6
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Administrative Harassment, Judicial Harassment
- Rights Concerned
- Right to liberty and security, Right to work
- HRD
- NGO
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Jan 12, 2021
- Event Description
A university student was taken from his dorm in the middle of the night, charged with royal defamation, and then slapped with a cybercrime charge less than 24 hours later for refusing to give up his computer password.
Police accused Thammasat University student Sirichai “New” Nathuang of defaming His Majesty the King by spray painting political slogans on the portraits of three Royal Family members on Sunday, according to his lawyer Poonsuk Poonsukcharoen.
The 21-year-old was arrested at his home on Wednesday night and held incommunicado for several hours, Poonsuk said. It was the first time police made an arrest over royal defamation charges, or lese majeste, since the crackdown started in November. At least 40 people have been charged with lese majeste so far.
Poonsuk said police also searched Sirichai’s apartment, and refused to inform his family and lawyers where he was being held until some hours later.
“He has the right to a lawyer the moment he was arrested,” Poonsuk, who works for the Thai Lawyers for Human Rights group, said by phone. But for a considerable period, he was not allowed to call any lawyer.”
Poonsuk added that she only gained access to her client at about 1.15am on Thursday morning, and said police’s behavior could have been interpreted as an abduction.
Police Lt. Yotsawat Nitiratpattakul of Klong Luang Police station, which has jurisdiction over the case, refused to answer questions about the manner of Sirichai’s arrest.
When asked to comment on the allegation that Sirichai was not given an opportunity to consult his attorney, as given to him by the law, Lt. Yotsawat replied, “I cannot give details about that either.”
Sirichai was later charged with Computer Crime Act on Thursday evening for refusing to give up his computer password as demanded by the investigators, the Thai Lawyers for Human Rights said.
He stands accused of insulting His Majesty the King by spray painting slogans calling for abolition of lese majeste offense over large portraits of the late King Bhumbol, the Queen Mother, and Princess Sirivannavari that were displayed in public areas close to his university on Sunday.
Poonsuk the attorney cast doubt on whether the lese majeste law is applicable in Sirichai’s case, since the letter of the law only covers the King, Queen, Heir Apparent, and Regent.
But the lese majeste offense, enshrined under Article 112 of the Criminal Codes, has been routinely used by the police to silence any discussions about the monarchy. The offense took a hiatus for several years – PM Prayut Chan-o-cha said it was due to His Majesty the King’s clemency – only to make a return in November.
Chaitawat Tulathon, sec-gen of the opposition Move Forward Party, said on the phone Thursday that the latest arrest under lese majeste was “disproportionate,” since the student was apprehended in the dark of the night, and had no access to lawyers for hours.
Chaitawat also said his party is preparing a proposal to amend all defamation laws, including lese majeste, which could be submitted to the Parliament as early as next Wednesday, if the House reconvenes for a meeting amid the pandemic.
On the other hand, pro-government Phalang Pracharath Party deputy leader Paiboon Nititawan said he supports the ongoing crackdown on those accused of defaming the monarchy.
“It’s a justice process,” Paiboon said by phone. “Since the law stated that it’s a violation. Even if it’s 40 people, they must be arrested. Everything is under the due process of law. I personally support the arrests. The latest case wasn’t a minor and he must fight through the justice system.”
Democrat Party spokesman Ramet Rattanachaweng said he would not comment on lese majeste cases, including the latest arrest.
“We don’t know what the facts are,” Ramet said. “This is the police duty, to find out whether someone committed a crime or not.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Raid
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Pro-democracy defender, Student
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Active
- Country
- India
- Initial Date
- Jan 12, 2021
- Event Description
The family of jailed activist Nodeep Kaur, a labour rights activist, who has been in custody for about a month for protesting against the contentious farm laws, has said they will move the High Court of Punjab and Haryana for her release. Kaur was denied bail on Wednesday, February 3, by a Sessions Court in Sonipat. A member of the Mazdoor Adhikar Sangathan, Kaur was arrested on January 12 after she had participated in the farmer's protests at Delhi's borders. Kaur has been charged under Section 307 (attempt to murder) and extortion. Kaur's family has alleged that she was assaulted by the cops when she was in custody, Scroll.in reported. "The allegations against my sister are false," Rajvir, Kaur's sister said. "Nodeep joined the [farmers'] protest at Singhu in November. She was also fighting for labourers who didn't get wages regularly. On January 12, she was protesting near a factory in Kundli when police picked her up...I met her and she told me cops assaulted her in custody," she added. Advocate Amit Shrivastav, representing Kaur in the case alleged that the activist had been thrashed by the police at the station. The police, however, have denied the allegations "being circulated on social media platforms about illegal detention and harassment." The activist was kept in the ladies' waiting room "for the entire time and was accompanied by two female police personnel for the entire duration of her stay," the police said. A medical examination which was conducted after she was arrested revealed injuries on her body and private parts. "This points to the fact that Nodeep was sexually assaulted in police custody," Kaur's lawyer alleged. The police, however, claimed that Kaur had refused a "special medical examination by a lady doctor for sexual assault, saying she does not want to be examined as she was not assaulted." The police said Kaur and other members of the Mazdoor Adhikar Sangathan were attempting to break into a factory in Kundli for "illegal extortion under the garb of workers' unpaid salaries". When the police tried to mediate, members of the Mazdoor Adhikar Sangathan attacked them and injured seven cops, the police said. Denying her bail on Wednesday, Sessions Judge YS Rathor said that there were two FIRs lodged against her. "In view of the gravity of offence, the applicant does not deserve concession of bail and bail application is dismissed," the judgement read. Kaur's arrest received international attention after Meena Harris, the niece of United States Vice President Kamala Harris took to Twitter to write about how the activist was tortured in police custody.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Sexual Violence, Violence (physical)
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security, Right to protect reputation, Right to Protest
- HRD
- Labour rights defender, Minority rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Jan 11, 2021
- Event Description
Anti-caste activist Harshali Potdar was briefly arrested by Mumbai’s MRA Marg police on Monday afternoon for sharing an allegedly inflammatory Facebook post in March 2020. By evening, she was released after being made to fill out several arrest forms.
Potadar’s application for anticipatory bail in this case had been rejected by a sessions court on January 6.
The police had filed its case against Potdar on April 4, 2020, accusing her of sharing a post by a Facebook user, Mohsin Sheikh, who blamed the Central government for targeting the Muslim community and the Tablighi Jamaat group with claims that it was responsible for spreading Covid-19 in India.
The first information report claims the post appealed to Muslims to act against Brahmins, and has booked Potdar under Section 153A (1) of the Indian Penal Code, dealing with promotion of communal disharmony.
In a Facebook live video she shared after her release, Potdar denied sharing any such post. “I have given them [the police] my statement before, whenever they have asked for it – I have not shared that post,” said Potdar in the video. “But even if the police claims I have shared it, they have listed me as accused number one, and the person who wrote the post has been listed as accused number two. And the FIR also claims the post was deleted within 30 minutes.”
Potdar was arrested despite the Supreme Court itself criticising the Central government for its handling of the media coverage of the Tablighi Jamaat event. In October and November 2020, the Supreme Court pulled up the government for its inaction towards media channels that had communalised the Jamaat event. Connection to Bhima Koregaon
Potdar’s lawyer Ishrat Ali Khan also refuted these charges against her client. “She is being targeted because of her connection with the Bhima Koregaon case and because of her involvement in several protests and dharnas,” she said.
Potdar is a member of the Republican Panthers Caste Annihilation Movement, and was one of the organisers of the Elgar Parishad event that took place in Pune city on December 31, 2017 – a day before caste-based violence broke out near Bhima Koregaon in Maharashtra’s Pune district.
At least 16 activists and intellectuals have been arrested since June 2018 for allegedly conspiring to provoke the Bhima Koregaon violence. Meanwhile, no major action has been taken against two right-wing Hindutva leaders – Sambhaji Bhide and Milind Ekbote – who have also been accused of making provocative speeches before the Bhima Koregaon vioence.
Although Potdar was one of the accused in the case, she has not been arrested or charge-sheeted for it so far.
In her Facebook video on Monday, Potdar claimed her arrest was an intimidation tactic, likely because organisers of the 2017 Elgar Parishad have announced another Elgar event in Pune on January 30 in support of the 16 arrested activists.
“Through such false cases, the police is trying to spread fear among activists working in the Ambedkarite and progressive movements so that they don’t come forward to do their work,” Potdar said. “But they will not be able to silence us like this.” Unauthorised arrest
Potdar has also questioned the MRA Marg police about the manner in which she was arrested while she was in a public place. “I was eating in a restaurant with a few activist friends when four or five police officials in civil dress surrounded us and demanded that I go to the police station with them,” Potdar said in the Facebook video. The officials did not have any summons or arrest warrant, she said, and refused to tell her why they wanted to arrest her. “They also asked me to surrender my phone, which I refused to do, since they did not have a seizure panchnama.”
At the police station, she was not allowed to speak to her lawyer or activist friends, and was told about the case in which she was arrested only after making her fill up arrest forms. “At around 6.30 pm, after informing my family and lawyer that I would be in the lock-up tonight, they suddenly told me they were releasing me,” she said. “So then what was the dramatic arrest all about? Only the police can answer.”
Officials at the MRA Marg Police Station were unavailable for comment.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Minority rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Jan 11, 2021
- Event Description
Manila Regional Trial Court (RTC) Branch 24 ordered the arrest of Rappler CEO Maria Ressa and reporter Rambo Talabong for cyber libel over the latter's investigative story about an alleged corruption scheme at the De La Salle-College of Saint Benilde (CSB).
In that scheme, students allegedly paid P20,000 to pass their thesis subject.
Judge Maria Victoria Soriano-Villadolid issued arrest warrants against Ressa and Talabong on Monday, January 11, and recommended bail amounting to P30,000 each. It was Talabong's first arrest warrant and his first libel case, while it was Ressa's 10th arrest warrant and her 3rd cyber libel case in less than two years.
Talabong, who wrote the allegedly libelous story, posted bail on Thursday, January 14, while Ressa posted bail the day before, on Wednesday, January 13 – both ahead of the service of the warrants against them. Arraignment and pre-trial of the case has been set for February 4 at 8:30 am.
Reacting to the cyber libel case against him, Talabong said, "I stand by our story. I spent weeks reporting, and weeks more doing everything, to ensure that the story is fair. This case further proves that decriminalizing libel is imperative. No journalist should be intimidated for doing his job."
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To date, there have been 28 libel/cyber libel cases filed against journalists under President Rodrigo Duterte, as of November 28, 2020, according to the National Union of Journalists in the Philippines. The story
The cyber libel complaint was filed in October 2020 by Benilde faculty member Ariel Pineda, whom a student accused of accepting payments in exchange for passing students in their thesis subjects under him.
Talabong wrote the story, "Thesis for sale: Benilde students say they paid P20,000 to pass," published on January 23, 2020, based on a documented complaint filed with the school against Pineda by a student – AK Paras – who spoke on the record. Ressa was not at all involved in the writing and editing of Talabong's story.
CSB confirmed to Rappler, as indicated in the story, that the school was already investigating Paras' complaint.
In his complaint, Pineda said that Talabong's story contained "libelous, malicious and defamatory statements using their own website and linking it to the other social media platform to ensure that they accomplished their purpose of attacking the complainant's credibility, to discredit, demean and to shame him."
As mentioned in his story, Talabong sought Pineda's side but the faculty member said through email that he would consult his superior first. Though the draft story was written in December 2019, it was not published until January 2020 to give Pineda enough time to respond to repeated requests to air his side.
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"Will have to consult your request with my superior and keep you posted," Pineda wrote Talabong in an email on January 2, 2020.
Talabong followed up with Pineda 3 more times, and tried to reach Pineda through Benilde's Export Management Program Department phone line, but he no longer received any response.
After the story was published, CSB Chancellor Robert Tang released a statement, saying that the school's Human Resources Services was "in the process of completing the investigation." No malice
In his affidavit submitted to Manila Senior Assistant City Prosecutor John Allen Farinas, Talabong said: "The care and prudence taken in verifying the information and the extent to which the side of Mr Pineda had been sought show the due diligence on my, and Rappler's, part before the story was even written and posted. This belies Mr Pineda's unfounded claim of malice."
Talabong, through Free Legal Assistance Group (FLAG) lawyer Ted Te, former spokesperson of the Supreme Court, argued that "there was no malice in the writing and posting of the story, which is impressed with public interest and also falls under privilege." In his story, Talabong specified that Rappler would update the article once he gets a reply from Pineda, which he never did.
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But in a resolution dated December 7, 2020, Farinas said he found "probable cause" to charge Talabong and Ressa with libel.
In a statement, Te said, "We are studying the resolution, which we disagree with, and will exhaust all possible legal remedies to have the same dismissed." Decriminalize libel
Te also said this new cyber libel case is "disturbing because it seems like cyber libel is now the first option in case of disagreement on reporting. That is the problem with libel and cyber libel laws, which make these acts criminal – a private dispute becomes a public offense where the government gets involved; as a result, the implications on freedom of expression and of the press are significant. Perhaps Congress should consider whether it is high time to decriminalize libel and cyber libel."
For its part, Rappler said in a statement that it stands by the story and the "rigorous process that we went through before publishing it. While libel suits are part of the risks that come with the profession, we also know that they are a tool that is used to intimidate journalists who expose wrongdoing."
"We reiterate the multi-sectoral call to decriminalize libel and to stop these relentless attacks against journalists who, despite obstacles thrown their way, continue to shine the light on the pandemic and other forms of everyday terror."
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Media freedom, Online, Right to liberty and security
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Jan 10, 2021
- Event Description
Dozens of people protesting Kazakhstan’s opposition-free election were detained in the country’s capital and in its principal city, but were released after several hours.
Five parties are competing Sunday for seats in the lower house of parliament, but all are loyal to the government. The country’s only registered opposition party declined to field candidates.
More than 30 demonstrators were detained in the principal city of Almaty, according to the news agency Akipress. The Interfax news agency said more protesters were also detained in the capital, Nur-Sultan.
Deputy Interior Minister Arystangani Zapparov said late Sunday that all those detained had been released without charges.
The ruling Nur Otan party is expected to maintain or increase its current domination of the parliament of the former Soviet republic, which is rich in oil, gas and mineral resources.
The party is headed by former President Nursultan Nazarbayev, who was in power from independence in 1991 until his resignation last year.
Although he stepped down, he retains significant power as head of the national security council.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Jan 10, 2021
- Event Description
In Nur-Sultan Azattyk correspondent Saniya Toiken reported facing obstacles from the security forces while covering the detention of civic activists who the police accused of holding an unsanctioned protest against the unfair elections. The police detained the activists and took them in a minibus to the police station. Toiken reported that one police officer forcibly took away her phone, damaging it in the process and deleting several items from its memory before returning it to her.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Intimidation and Threats, Judicial Harassment, Violence (physical)
- Rights Concerned
- Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Jan 10, 2021
- Event Description
An aggressive crowd-control tactic known as “kettling” has been taken to such an extreme against a few dozen protesters in Kazakhstan that human rights groups are calling it torture.
Police in Almaty also used loudspeakers to intimidate the handful of anti-government demonstrators on January 10 -- repeatedly playing a song by a Kazakh pop star who later performed for a celebration of U.S. President Joe Biden’s inauguration.
Kettling has caused controversy in the West, where it is used to contain crowds of more than 1,000 people that are deemed by authorities to include violent participants.
Rather than trying to arrest violent individuals or disperse a crowd en masse, police temporarily trap everyone together within a small area -- only gradually allowing people to leave. Usually, crowds are blockaded for a few hours or less.
In London and Washington, Seattle, Chicago, New York, and Toronto, kettling has been used during the past 20 years to contain massive anti-war rallies, anti-globalization demonstrations, and protests by the Black Lives Matter movement.
The tactic also was used against demonstrators near President Donald Trump’s inauguration in January 2017.
Critics argue that kettling increases the potential for violence -- rather than defusing tensions -- because it traps people together in close proximity.
Some courts in the United States and Britain have deemed kettling to be illegal because it targets entire groups indiscriminately and because individuals who aren’t part of a demonstration can also be trapped within police barricades.
Kazakh 'Kettling'
When a few dozen Kazakh activists tried to march in Almaty on January 10, the day of Kazakhstan’s recent parliamentary elections, the apparent goal of authorities was to snuff out democratic dissent and intimidate people from staging future demonstrations.
The incident was part of a wider, ongoing policy of crackdowns that has cast doubt on President Qasym-Zhomart Toqaev’s pledge to make political reforms and improve human rights in the former Soviet republic, which is the largest country in Central Asia.
The security forces in Almaty surrounded two groups of about a dozen people who were calling for constitutional reforms and an end to the dominant rule of former President Nursultan Nazarbaev’s Nur Otan party.
In the midst of the coronavirus pandemic, police wearing masks and riot gear forced one group to stand bunched together in freezing temperatures for nine hours without food, water, or an opportunity to use a bathroom.
Another group that included a pregnant woman and two children was forced to stand together like canned sardines for seven hours.
Meanwhile, police took turns in rotating shifts so they could rest, eat, and stay warm.
At least one demonstrator collapsed with hypothermia and had to be taken away in an ambulance before authorities allowed the protesters to leave.
Psychologically Chilling
Inga Imanbai, a freelance journalist known for critical reports about the Kazakh government, was among those who were kettled and forced to stand in the cold for hours.
“First, there were police provocations for about 40 minutes,” Imanbai told RFE/RL. “Then they brought in loudspeakers and played the song Blizzard Again [super loud] about 20 times in a row. I accepted it as a kind of psychological pressure.”
Blizzard Again is a love song by the internationally renown Kazakh pop star Dimash Kudaibergen.
With lyrics in the Kazakh language, Kudaibergen repeatedly sings the chorus refrain: “My heart is freezing. I feel the chill in my soul.”
Imanbai explains that the innocuous love song, when used as a psychological weapon against hedged-in Kazakh protesters, has an even more chilling connotation.
In that context, she says, the title Blizzard Again hints at a deadly crackdown launched by Soviet authorities in December 1986 against thousands of young Kazakhs who dared to stage anti-Kremlin protests in the streets of Alma-Ata -- now known as Almaty.
The unexpected and unprecedented “December” protests were a response to Soviet leader Mikhail Gorbachev’s removal of Dinmukhamed Kunaev as first secretary of the Communist Party of Kazakhstan.
Gorbachev replaced the ethnic Kazakh leader with an outsider from Russia named Gennady Kolbin.
The December protests were tolerated for two days. But on the third day, Soviet security forces launched a brutal crackdown codenamed Operation Blizzard.
The actual death toll from Operation Blizzard may never be known.
Officially, Soviet authorities claimed three people were killed. But witnesses say the real number was much higher.
Many young Kazakhs who took part in the protests were later sent to Soviet prisons or expelled from their universities.
After the collapse of the Soviet Union in 1991, the December protest movement was used by Nazarbaev and his successive governments as a symbol of Kazakh independence.
That has ensured that all Kazakhs remember Operation Blizzard and, for them, brings an ominous double meaning to the song title Blizzard Again.
International View
The Norwegian Helsinki Committee and the U.S.-based nongovernmental group Human Rights Watch have condemned the kettling operations of police in Almaty as “repressive tactics against peaceful demonstrators.”
The Organization for Security and Cooperation in Europe (OSCE) concludes that crowd-control tactics like kettling should only be used by authorities in exceptional cases.
The OSCE’s guidelines on freedom of peaceful assembly state: “Tactics of holding protesters in a confined space, known as ‘kettling,’ and other such tactics are characterized by the fact that they do not distinguish between those who participate and those who do not participate in the meeting, or between peaceful and nonpeaceful participants.”
The United Nations’ Human Rights Committee (OHCHR) says police operations to surround and block a group of demonstrators should “only be applied if necessary.”
A body of independent experts that monitors implementation of the International Covenant on Civil and Political Rights, the OHCHR, says such measures should be applied in proportion to the need to “suppress actual committed violence or to eliminate the imminent threat of violence.”
In many cases, the OHCHR concludes, specific individuals should be targeted rather than entire groups.
It says “particular attention should be paid to blocking, as far as possible, only those directly involved in the violence” and limiting the duration of kettling operations to “the minimum time necessary.”
- Impact of Event
- 1
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community), Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Restrictions on Movement, Use of Excessive Force, Vilification
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to health, Right to healthy and safe environment, Right to liberty and security
- HRD
- Media Worker, Pro-democracy defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Jan 8, 2021
- Event Description
On January 8, the Higher People’s Court in Ho Chi Minh City rejected the appeals of four members of the unsanctioned group Hiến Pháp (Constitution), upholding the sentences given by the People’s Court of HCM City at the first-instance hearing on July 31 last year, Defend the Defenders has learned.
According to the court’s decision, Ms. Nguyen Thi Ngoc Hanh has to serve eight years in prison and three years of probation while Mr. Ngo Van Dung, Mr. Le Quy Loc and Mr. Ho Dinh Cuong have to spend next five years behind bar followed by two years of probation each. They were arrested in early September 2018 on the allegation of “disruption of security” under Article 118 of the Criminal Code.
Nearly five months ago, at the first-instance hearing, the People’s Court of HCM City convicted eight members of the unsanctioned group Hiến Pháp (Constitution) of “disruption of security” for their active participation in the mass demonstration to protest two bills on Special Economic Zones and Cyber Security in HCM City on June 10, 2018 and their plan to hold peaceful protests in early September of the same year. After just one day review, the court gave Ms. Nguyen Thi Ngoc Hanh eight years in prison, Mrs. Hoang Thi Thu Vang- seven, Ms. Doan Thi Hong two and half years, Mr. Ngo Van Dung, Mr. Do The Hoa and Mr. Le Quy Loc five years each, Mr. Ho Dinh Cuong four and half years, and Mr. Tran Thanh Phuong three and half years in prison.
In addition, Mr. Dung, Mr. Cuong, Mr. Phuong, and Ms. Hong were given two years of probation after serving their imprisonment. Four others were given three-year probation.
After the trial, four of them, Ms. Hanh, Mr. Dung, Mr. Loc and Mr. Cuong protested the court’s decisions and appealed.
Hiến Pháp was established in 2017 with the aim of enhancing civil rights in Vietnam by disseminating the country’s Constitution which was ratified by the communist-controlled parliament in 2013. The eight convicted members, together with others of the group were active during the mass demonstration in HCM City on June 10, 2018 in which tens of thousands of people from all social classes rallied on streets to protest two bills on Special Economic Zones and Cyber Security. The first bill is considered to favor Chinese investors to purchase land in Vietnam amid increasing concerns of Beijing’s intensifying aggressiveness in the East Sea (South China Sea). The second which was approved by the communist-controlled parliament and became effective from January 1, 2019, is considered an effective tool to silence online government critics.
Members of the group planned to hold the second peaceful demonstration in early September of the same year on the occasion of Vietnam’s Independence Day (September 2) to protest the socio-economic policies of the communist regime. However, they were abducted by security forces in HCM City a few days before the action date. Their fate and whereabouts remained unknown for months as the police held them incommunicado without informing their families, possibly rising to the level of enforced disappearance under international law, and even after the families had been informed of the detention they remained incommunicado for nearly a year.
In mid-April last year, Mr. Dung and Mr. Loc were brutally beaten by police officers while being held in Phan Dang Luu temporary detention center under the authority of HCM City Police Department. Due to the severe injuries, both were taken to a hospital for urgent treatment for ten days.
Despite doing nothing harmful for the country, Hiến Pháp group has been targeted by Vietnam’s communist regime. Two members of the group Pham Minh The and Huynh Truong Ca were convicted of “abusing democratic freedom” and “anti-state propaganda” with respective imprisonment of two years and five and half years in 2018-2019. Mr. The was released on July 10 last year, three months before his imprisonment term was set to end.
Three other members of the group fled to Thailand to seek political asylum to avoid being punished by the Vietnamese regime.
Ms. Le Thi Binh became the latest activist being arrested last year, got detained on December 22 and charged with “abusing democratic freedom.” Binh is also a member of the Hiến Pháp group.
All of them are listed as prisoners of conscience by Defend the Defenders. According to the Hanoi-based human rights group, Vietnam’s communist regime is holding at least 258 prisoners of conscience.
- Impact of Event
- 4
- Gender of HRD
- Man, Woman
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Pro-democracy defender, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Nepal
- Initial Date
- Jan 8, 2021
- Event Description
Nepal Police arrested citizens for protesting peacefully at a program in Dhangadhi on January 8. Dhangadhi lies in the Sudurpaschim Province of Nepal.
Local youths Binod Khadka, Aarud Sah, Sagar Joshi, Rajendra Shahi, Pravin Khadka, Suresh Joshi, and Naresh Prasad Joshi were arrested for wearing t-shirt with slogans- Where is the rapist of Nirmala Panta?
Nirmala Panta, a 13-year old girl was raped and murdered in Kanchanpur in 2018. The locals claim the 'accused is still roaming scot-free'. The investigation authority had earlier stated that the perpetrator would be arrested soon but no action has been taken yet.
The youths had worn t-shirts to create pressure on government to arrest and punish the rapist and murderer of Nirmala Panta. The program was being addressed by the Prime Minister.
Other attendees in the program also shared that they were not even allowed to wear black mask.
Youths were detained for four hours and released later, informed chief of District Police Office, Kailali.
Freedom Forum condemns the incident as it is gross violation of citizen's right to peaceful protest. It has resulted in suppression of freedom of expression. Such incidents represent government's authoritarian move and intolerance towards public criticism. Citizen's right to freedom of expression and peaceful protest is guaranteed by Nepal's constitution.
- Impact of Event
- 7
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- WHRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Jan 8, 2021
- Event Description
Former Chinese journalist and renowned critic of internet censorship Zhang Jialong was sentenced to 18 months in prison on January 8 for his remarks on social media that were allegedly aimed at "spreading false information and provoking trouble". The International Federation of Journalists (IFJ) condemns the assault on freedom of speech and calls on Chinese authorities to overturn the verdict and release Zhang immediately.
The 32-year-old former journalist with Caijing, a Beijing-based magazine, and Tencent was found guilty of “picking quarrels and provoking trouble,” a broadly defined charge often levelled by the authorities against those who are critical of the Chinese government.
Zhang was jailed for 18 months, his wife Shao Yuan said after being notified by Zhang’s lawyer on January 8.
Zhang was arrested at his residence in Guiyang, Guizho Province on August 12, 2019 and has been held in police custody ever since. The authorities later accused him of spreading false information defaming the Chinese Communist Party on Twitter.
His Twitter posts related to human rights issues and internet freedoms in China.
Zhang has been detained since August and is therefore expected to be released on February 12. Nevertheless, Zhang reportedly vowed to appeal against the ruling.
Zhang has been targeted by the Chinese authorities for several years. In February 2014, hemade headlines after asking the then-U.S. Secretary of State John Kerry to help “tear down this great firewall that blocks the Internet” during their meeting in Beijing.
He later published an op-ed in the global magazine Foreign Policy, calling on the U.S. government to deny visas to those involved in building and maintaining the Chinese great firewall of censorship. He was subsequently fired from Tencent.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Freedom of expression Online, Right to fair trial, Right to liberty and security
- HRD
- Blogger/ Social Media Activist
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Jan 7, 2021
- Event Description
On 7 January 2021, the Guwahati High Court rejected the bail plea of human rights defender, Akhil Gogoi. The defender has been in jail since 12 December 2019, in connection with a case relating to the Anti-Citizenship Amendment Act (CAA) protests, filed by the National Investigation Agency (NIA). Since his initial arrest, multiple First Informations Reports have been booked against him, all relating to the anti CAA protests, with charges including sedition. While in detention, in July 2020, Akhil Gogoi tested positive for COVID-19 and was moved to a hospital for immediate care.
A special NIA court had previously granted bail to Akhil Gogoi in one of the cases being probed by the NIA. Currently, the defender is being detained at the Guwahati Central Jail.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Community-based HRD, RTI activist
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Related Events
- India: RTI activist detained, allegedly tortured
- Country
- China
- Initial Date
- Jan 7, 2021
- Event Description
On Jan. 7, the Pizhou Municipal People's Court in the eastern province of Jiangsu jailed journalist Li Xinde for five years after finding him guilty of "illegal business activity."
Li’s son Li Chao was handed a one-year jail term at the same time.
'A very dangerous business'
Li was first detained by police in October 2019 and placed in "residential surveillance at a designated location (RSDL)," not long after he published a claim that a court in Tianjin had wrongfully convicted a businessman.
Li, an investigative reporter, founded and ran the China Public Watchdog Network, which had a focus on exposing corrupt officials.
Beijing-based rights lawyer Liu Xiaoyuan commented via Twitter: "To speak out on behalf of those suffering injustice in today's society, and to monitor the agencies wielding state power, is a very dangerous business."
Zhang Yu, who heads the writers' group Independent Chinese PEN, said charges of "illegal business activity" are often brought against peaceful critics of the CCP.
"The main charge used to suppress freedom of speech in China is incitement to subvert state power, but they have to show in what part of their speech or writing they did that," Zhang told RFA.
"They may use illegal business activity if what they said was particularly sensitive, or if they can't really find evidence to support [subversion] charges in what they said or wrote," Zhang said. "It has nothing to do with [the defendant] actually having conducted illegal business activity."
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Jan 7, 2021
- Event Description
Seeking an end to house detention of National Alliance of People’s Movements (NAPM) national convenor Richa Singh and withdrawal of notice issued to activist Ramjanam under the Goondas Act, NAPM has said in a statement that the Uttar Pradesh police’s action is “arbitrary”, underlining, “The farmers’ movement cannot be quelled by detaining activists and protestors.” Asking the Uttar Pradesh government to “stop the draconian clampdown on democratic rights” in the state, NAPM said, these incidents are part of “a broader pattern” of stifling “democratic rights of activists and leaders of farmers’ organisations across Uttar Pradesh and in other states of India”, adding, “It reflects a rising trend to suppress voices of dissent and people’s demands, contravening the Supreme Court’s stand that protest is people’s constitutional right.” National Alliance of People’s Movements is deeply agitated at the arbitrary house detention of Richa Singh, founder member of Sangtin Kisan Mazdoor Sangathan, national convenor of NAPM, and a committed activist who has been working with women, workers, dalits and farmers for three decades in Sitapur, Uttar Pradesh. The UP police have detained her since the evening of 7th Jan, without an order or appropriate explanation. Circumstances of the house detention of Richa On January 7, Richa Singh was stopped by the police, as she was joining the tractor rally in support of the farmers’ protests, in Sitapur, UP. While she was permitted to join the rally after speaking to the authorities, she was followed by two plainclothes police personnel. On the evening of the same day, she was placed under house arrest and prevented from accessing medical care in Lucknow. The Sitapur kotwal, the City Magistrate and the CO, visited her house but were unwilling to provide more than ambiguous information regarding the reasons for her detention. Lack of clarity regarding reasons for detention In spite of multiple attempts to learn the reason why she has been placed under house arrest, the authorities only indicated that, based on ‘information’ they had received, they suspected she intended to join the farmers’ protests in Delhi. The details of this information have not been shared with her, contravening Richa Singh’s civil rights to be informed of the basis for her house arrest. There also does not seem to be an order for the arrest. The authorities refused to take into account her repeated attempts to indicate that her intention was to visit a doctor in Lucknow, rather than join the farmers’ protests in Delhi. At the same time, participation in the farmers’ protests in itself could not have constituted grounds for house arrest, by any stretch of imagination. Targeted state suppression of protest All these incidents are part of a broader pattern of arbitrary detentions of democratic rights activists and leaders of farmer’s organisations across Uttar Pradesh and in other states of India. It reflects a rising trend to suppress voices of dissent and people’s demands, contravening the Supreme Court’s stand that protest is people’s constitutional right. Leaders and activists from various states, as well as members of the civil society, have been placed under house arrest and prevented from showing solidarity with the farmers’ protests from the beginning of the movement, including from holding local protests and joining the movement in Delhi. While this often takes place in the name of preventing the spread of the Coronavirus, it is in circumstances such as the present house arrest that the actual intention of the authoritarian State to clamp down on dissenting voices becomes clear.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Intimidation and Threats, Judicial Harassment, Restrictions on Movement, Surveillance
- Rights Concerned
- Freedom of assembly, Freedom of movement, Offline, Right to liberty and security
- HRD
- Community-based HRD, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Indonesia
- Initial Date
- Jan 7, 2021
- Event Description
“We have fought against them for so long, but the mining activities just carry on and so does the criminalization,” says Sapoy, a resident of Jomboran village on the Indonesian island of Java.
Sapoy, who goes by one name, was questioned by police in Sleman district, Yogyakarta province, where his village is located, in October in connection with a criminal complaint filed by a mining company operating in the area. He leads a group, the Kali Progo People’s Collective (PMKP), that has since 2017 protested against the mining of sand and rock in the vicinity of the Progo River, the main source of freshwater for many households in Sleman district.
The group says the mining operations have exacerbated the freshwater crisis in the district and created noise pollution. They also accuse the mining companies of forging their community consent documents, one of the pieces of paperwork required for obtaining an operating license.
In January this year, local police received two criminal complaints centered on the mining activities. One was filed Jan. 7 with the Sleman police by Pramudya Afgani, the owner of one of the mining outfits, in which he accused the PMKP of destruction of property and obstruction of mining activities following a protest in December 2020. The PMKP filed its own complaint Jan. 11 with the Yogyakarta police, alleging document forgery by the miners. Since then, however, police have only followed up on Pramudya’s complaint, questioning 18 Jomboran villagers, including Sapoy.
“The locals feel threatened by the mining activities there,” said Himawan Adi, head of advocacy for the Yogyakarta chapter of the Indonesian Forum for the Environment (Walhi), the country’s biggest green NGO. “When they’re expressing their concerns, they end up facing criminalization.”
Walhi Yogyakarta says the police probe into the Jomboran village protesters is the first recorded case of a criminal investigation related to environmental protests since the passage of the country’s amended mining law in May 2020. The law has been widely criticized for stripping back environmental protections and favoring miners in disputes with affected communities.
Observers in Indonesia point to a long history of injustice toward communities involved in disputes with extractive companies. Protesters frequently face the threats of violence, arrest and imprisonment on dubious and often frivolous charges, activists say. In 2020, 69 Indonesians were “criminalized” in this way in eight cases, according to data from the watchdog NGO Mining Advocacy Network (Jatam).
“The state wants to chase after economic growth, but the people want to protect their environment because it’s limited,” said Julian Dwi Prasetya, head of advocacy for the Yogyakarta chapter of the Indonesian Legal Aid Institute (YLBHI).
It’s a similar pattern to the persecution faced by communities embroiled in disputes and land conflicts with palm oil companies across Indonesia. An analysis of 150 disputes involving palm firms found that current channels for addressing the conflicts between villagers and companies generally fail to produce meaningful results for the affected communities.
With no other avenue for redress, communities often resort to staging demonstrations. These typically take the form of peaceful protests in front of government buildings, sometimes escalating into more confrontational actions in or near plantations, such as land occupations and blockades, according to the study.
Indonesia has a tainted track of environmental defenders being threatened with violence and even death. In the first quarter of 2021, 70 people in 10 cases were subject to arrest, physical abuse and unfair court trial, according to the think tank Institute for Policy Research and Advocacy (ELSAM).
“This is harrowing data,” said ELSAM researcher Filarian Burhan.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to Protest
- HRD
- Environmental rights defender, NGO
- Perpetrator-Non-State
- Corporation Extractive industries
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Jan 6, 2021
- Event Description
The Hong Kong police served four media organisations with court warrants requiring the handing in of internal documents related to July's primary elections on January 6. The International Federation of Journalists (IFJ) and its affiliate, the Hong Kong Journalists' Association (HKJA), expressed concern about the chilling effect that such acts will have on the press and called on Hong Kong authorities to stop harassing journalists and media organisations.
On January 6, the Hong Kong police’s national security department turned up at the offices of online news outlets StandNews and InMedia, as well as media group Next Digital and its subsidiary newspaper Apple Daily with court orders. The media organisations were reportedly asked to hand in information about the pro-democracy camp’s primary elections held in July 2020 within seven days.
The police did not search the newsrooms.
Steve Li Kwai-Wah, a senior superintendent at the National Security Division, said during a press conference on January 6 that the authorities were not seeking to obtain journalistic materials. According to Li, the police were asking the media outlets to provide assistance in the investigation.
Both Apple Daily and StandNews said they would be seeking legal advice on the matter. Editor-in-chief of StandNews Chung Pui-kuen also said he was asked not to disclose details about the court order.
This came hours after the Hong Kong authorities arrested 53 pro-democracy leaders for their involvement in the primaries last year, including former lawmakers, district councillors, activists, and scholars. The authorities said the unofficial vote to choose opposition candidates for the city’s now postponed Legislative Council elections was part of a plan to “overthrow” the government.Gwyneth Ho Kwai-lam, a journalist-turned-politician who used to work with StandNews and the BBC, was one of the detainees.
According to Ho’s Facebook admin, the police searched Ho’s residence and took away business cards and electronic devices she had used when working for the BBC. Ho was released on bail late on January 7.
- Impact of Event
- 4
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security, Right to privacy
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Jan 6, 2021
- Event Description
The Hong Kong government should not file charges against the 53 pro-democracy politicians arbitrarily arrested on January 6, 2021, Human Rights Watch said today. All were arrested for “subversion” under Hong Kong’s draconian National Security Law (NSL), which the Chinese government imposed on June 30, 2020.
The 53 men and women arrested span the spectrum of Hong Kong’s pro-democracy movement. They include veteran politicians and activists, such as Leung “Long Hair” Kwok-hung and Claudio Mo, and newcomers who joined the movement during the 2019 protests. The latter include Jeffrey Andrews, a social worker serving the city’s ethnic minority community, and Lee Chi Yung, a disability rights advocate. Many represent a broad cross-section of grassroots society long excluded from the city’s governance.
“Hong Kong authorities’ claims that discussing candidates and advocating for government action is somehow subversive is ludicrous,” said Maya Wang, senior China researcher at Human Rights Watch. “It’s increasingly clear that Beijing’s commitment to Hong Kong’s ‘high degree of autonomy’ isn’t worth the paper it’s written on.”
Hong Kong police said that a public opinion poll conducted in July 2020 regarding pro-democracy candidates for an upcoming Legislative Council (LegCo) election constituted “subversion.” They said those arrested violated article 22 of the National Security Law, which states that anyone who “organizes, plans, commits or participates” in “seriously interfering, disrupting or undermining” the performance of the Hong Kong or central government bodies are subject to a penalty of up to life in prison for “principal offenders.” Among the 53 arrested, police said, six were organizers.
The legal definitions of “subversion” and other NSL crimes are overly broad and vague, and can include the peaceful exercise of human rights, enshrined in Hong Kong’s de facto constitution, the Basic Law. These rights are also protected under the International Covenant on Civil and Political Rights, which is incorporated into Hong Kong’s legal framework via the Basic Law and expressed in the Bill of Rights Ordinance.
All but one of those arrested are being released on bail. Charges have yet to be brought against the 53, though they have to surrender their passports as a condition of bail. The prosecution said that Wu Chi-wai, former chairman of the Democratic Party, has kept one of his passports even though he was ordered to surrender his travel documents as part of bail conditions in an earlier case. Wu remains detained.
In addition, the police have frozen HK$1.6 million (US$206,000) in connection with the poll and delivered court warrants to four news organizations that require them to hand over information to the police for investigation. Hong Kong police should release Wu immediately, lift all bail conditions, and return everyone’s travel documents, Human Rights Watch said.
Since the Chinese government imposed the National Security Law in June, the authorities have intimidated and arbitrarily arrested pro-democracy activists, and encouraged people to report on one another to remove pro-democracy figures from key sectors of society, including education, the media, and civil service.
Beijing and the Hong Kong government have also accelerated their assault on the previously semi-democratic LegCo. Since 2016, they have disqualified pro-democracy activists from running for seats or unseated them after they were elected. Following the passage of the National Security Law, the Hong Kong government delayed the September 2020 LegCo elections for a year. Beijing then expelled four pro-democracy members of the legislature, leading other pro-democracy legislators to resign in protest. The arrests of the 53 politicians appears part of Beijing’s increasing actions to exert full control over the LegCo, Human Rights Watch said.
Concerned governments, including the United Kingdom, European Union countries, and the incoming Biden administration in the United States, should press for appointment of a United Nations special mandate holder to monitor and report on Hong Kong’s human rights developments, Human Rights Watch said. They should also impose coordinated targeted sanctions on officials responsible for violating the human rights of people in Hong Kong. Legislators around the world should express solidarity with their Hong Kong counterparts.
“Governments should urgently take concerted and concrete actions to ensure that Beijing pays a price for its escalating abusive behavior,” Wang said. “Standing with Hong Kong’s democrats needs to be more than a rhetorical commitment.”
- Impact of Event
- 53
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to liberty and security, Right to political participation
- HRD
- Pro-democracy defender, Public Servant, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Jan 5, 2021
- Event Description
On January 5, 2021, the People’s Court of Ho Chi Minh City sentenced 3 members of the Independent Journalists Association of Vietnam (IJAVN) to a total of 37 years in prison and nine years of probation on charges of “making, storing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam” under Article 117 of the Criminal Code.
Pham Chi Dung, the IJAVN’s President, was sentenced to 15 years in prison and three years of probation; both Vice President Nguyen Tuong Thuy and another young member, Le Huu Minh Tuan, received 11 years in prison and three years of probation each.
This unjust trial does not comply with international standards for fair trials. The defendants were kept incommunicado for many months from their arrest until December 2020 when they were allowed to see their lawyers for the first time. During their less than 6 hours court trial, the judges did not listen to the lawyers’ arguments and the defendants’ testimonies.
The IJAVN is a civil society organization of independent journalists fighting for press freedom in Vietnam. Since its founding in 2014, its members and collaborators have published thousands of articles about the situation of Vietnam, frankly criticizing the communist regime and officials for their blatant violations of their citizens’ rights and serious socio-economic mismanagement.
This is exactly the reason that the Vietnamese communist authorities want to annihilate the IJAVN and suppress its members for many years, and the arrest and conviction of the three leaders reached the highest point.
Pham Chi Dung, Nguyen Tuong Thuy, and Le Huu Minh Tuan were sentenced to extremely heavy sentences for exercising their right to freedom of speech, freedom of the press, and freedom of association. Those are the basic rights stated in the Vietnamese Constitution and international human rights conventions that the Vietnamese communist government has signed and committed to honor.
Vietnam Human Rights Network, Defend the Defenders, and Human Rights Relief Foundation believe that Pham Chi Dung, Nguyen Tuong Thuy, and Le Huu Minh Tuan have not violated any Vietnamese law, and that their arrests, detentions and convictions are completely unjustified.
Therefore, we ask the communist government of Vietnam
To annul the verdicts, eliminate all accusations, and release immediately and unconditionally the three journalists; To immediately stop the suppression of the IJAVN and other independent journalists and Facebookers, guarantee fundamental freedoms, in particular the rights to freedom of speech, freedom of association, freedom of the press and access to information; To repeal Article 117 of the National Security provision of the Criminal Code which is used to suppress peaceful dissidents.
We call on independent civil society organizations and individuals as well as the international community to speak up for the freedom of the three recently convicted independent journalists.
End of the press release
- Impact of Event
- 3
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Freedom of association, Media freedom, Online, Right to fair trial
- HRD
- Media Worker
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Pakistan
- Initial Date
- Jan 3, 2021
- Event Description
Another prominent ethnic Pashtun rights activist, Said Alam Mahsud, has been arrested in Pakistan on charges of making “anti-state” and “anti-military” comments.
Sanna Ejaz, a leader of the Pashtun Tahafuz Movement (PTM), told RFE/RL that Mahsud appeared before a court in Peshawar on January 4 where a judge ordered him remanded in custody for four days.
Mahsud was arrested at his home in the northwestern city late on January 3 after he attended a protest earlier in the day demanding the release of other PTM leaders and activists from custody.
In a video widely circulated on Facebook and Twitter, Mahsud is seen greeting the policemen in Pashto and then asking, “Am I being arrested?” After a policeman says “yes,” he responds “no problem” in English and then accompanies them.
PTM leader Manzoor Pashteen called Mahsud’s arrest an “extremely oppressive” act while Mohsin Dawar, a lawmaker and PTM leader, denounced what he called an “undeclared crackdown" against the group.
PTM activists staged demonstrations on January 3 in several cities and towns in Pakistan, demanding the release of recently arrested leaders and members of the PTM, which has campaigned since 2018 for the civil rights of Pakistan’s estimated 35 million ethnic Pashtuns.
Ali Wazir, a lawmaker and PTM leader, has been arrested on sedition charges over accusations he made anti-state comments during an unsanctioned rally in Karachi on December 6.
His arrest triggered mass protests in dozens of cities and towns across Pakistan on December 18. After the protests, two other PTM members were arrested in Karachi.
The PTM has attracted tens of thousands of people to public rallies in recent years to denounce the powerful Pakistani Army's heavy-handed tactics in its fight against the Pakistani Taliban and other militant groups in the country's northwest.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Online, Right to liberty and security
- HRD
- Minority rights defender, Pro-democracy defender
- Perpetrator-State
- Government, Judiciary, Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Jan 3, 2021
- Event Description
On 3 January, Thanakon (last name withheld), 17, received a summons on a Section 112 charge issued by Buppharam Police Station. TLHR said that the charge is likely to be related to a demonstration on 6 December 2020 at Wongwian Yai.
Jiratita (last name withheld), 23, was also charged with royal defamation for a speech given at the protest on 2 December 2020 at the Lad Phrao intersection. Anon Nampa, Parit Chiwarak, Shinawat Chankrachang and Panusaya Sithijirawattanakul also face Section 112 charges for their involvement in the same protest.
TLHR noted that the charges against those involved in the 2 December protest were filed by a member of the public, which shows the problem of anyone being able to file a complaint under this law, therefore allowing it to be used by various political factions against each other.
Meanwhile, several protest leaders have received further charges under Section 112. Parit is now facing 12 counts, Anon is facing 8 counts, Panusaya is facing 6 counts, while Panupong is facing 5 counts.
- Impact of Event
- 2
- Gender of HRD
- Other (e.g. undefined, organisation, community), Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Pro-democracy defender, WHRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Bangladesh
- Initial Date
- Dec 31, 2020
- Event Description
Fifty-one academics, human rights activists and lawyers have issued a statement demanding the release of Rohingya photographer Abul Kalam, who they claim landed in jail on Thursday for taking photos of buses departing Kutupalong for Bhasan Char.
Photographer Abul Kalam was brought to the Senior Judicial Magistrate Court in Ukhiya on Thursday with charges of impeding officers from discharging their duties during an incident that happened over seven months ago, according to court documents obtained by The Daily Star.
Organisers said Kalam was sent to Cox's Bazar Jail by a magistrate on Thursday.
However, Public Prosecutor Faridul Alam of Cox's Bazar said he was not aware of any such development.
The Daily Star has not been able to independently verify whether Kalam was sent to jail.
The case in which Kalam has been accused was filed by Kutupalong Camp-in-charge Khalilur Rahman on June 1 last year, according to the first information report.
It said the accused assaulted officials and obstructed public servants from discharging their duties.
Khalilur Rahman's phone was found switched off last night.
The statement issued yesterday read, "On the morning of December 28, 2020, Abul Kalam, an award-winning photographer and Rohingya refugee, set out to take photographs of buses departing the Kutupalong camps for Bhasan Char. He was apprehended and then taken to the camp-in-charge in Camp 2W, Block D5 of Kutupalong, and subsequently, to the camp-in-charge of Kutupalong Registered Camp."
The signatories to the statement include Dr C R Abrar, eminent rights activist; renowned photographer Shahidul Alam; Sara Hossain, honorary executive director, Bangladesh Legal Aid and Services Trust; Dr Ambia Perveen, chair, European Rohingya Council; Professor Dina M Siddiqi, Faculty of Liberal Studies, New York University; Shireen Huq, coordinator, Standing with Rohingya Women, and founding member of Naripokkho; Ai Weiwei, Chinese contemporary artist and activist; and Bianca Jagger, a Council of Europe goodwill ambassador.
"Photography is not a crime. Abul Kalam was taking photographs of buses on their way to Bhasan Char. He was doing so in a public place, albeit in a refugee camp. The relocation to Bhasan Char is a widely publicised programme of the Bangladesh government. It is by no means a secret and has been extensively covered in the media," said the statement.
The statement said Abul Kalam has been a refugee in Bangladesh for 28 years.
"Abul Kalam is 35 years old. He originally came from Borgozbil, Maungdaw, Myanmar. He is a prolific photographer and has documented refugee life in recent years. His images have appeared in many publications, and he recently won two prizes in the Rohingya Photography Competition," said the statement.
"We call upon the authorities to release Abul Kalam unconditionally and without further delay," the statement said.
The case in which he was accused was filed against 10 named and 30-40 unnamed Rohingya refugees.
The forwarding letter presented to the court shows Kalam is one of those unnamed accused.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Artist
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Dec 31, 2020
- Event Description
Thai Lawyers for Human Rights (TLHR) reported that Nat (pseudonym), one of the admins for the Facebook page “Khana Ratsadon,” was arrested on 31 December, after the police searched their house and confiscated their phones, yellow duck calendars, and commemorative medals.
Nat was taken to Nongkhaem Police Station and charged with royal defamation. The police claimed that the calendars contain images and messages which insult the monarchy.
TLHR also said that, during the arrest, the officers did not present an arrest warrant or inform Nat of their rights.
The police denied bail to Nat at the inquiry level, who was therefore held at Nongkhaem Police Station over the New Year holiday while the court was closed.
Nat was taken to Taling Chan Criminal Court on 2 January 2021 for a temporary detention request. Their lawyer objected to the request on the ground that the arrest was unlawful, as the officers did not present an arrest warrant and the arrest was not due to a flagrant offence.
The Court accepted the temporary request. However, Nat was later granted bail using Move Forward Party’s Amarat Chokepamitkul’s MP position as security and was released.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Raid
- Rights Concerned
- Online, Right to healthy and safe environment, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Dec 31, 2020
- Event Description
At least 16 people were taken into custody after riot police broke up an impromptu prawn market set up by pro-democracy activists on Thursday.
The stunt was marked as a “New Year’s Eve surprise” by the campaigners, who said they want to help seafood businesses that bore the brunt of the new coronavirus outbreak. But police declared the gathering illegal and moved in to make arrests.
Activist leader Piyarat “Toto” Chongthep is one of the 16 people detained by the police. Reports say they will be charged with violating the Emergency Decree’s ban on gatherings, breaching public health regulations, and using loudspeakers without permission.
Demonstrators initially gathered on Sanam Luang with their shrimp stall on Thursday morning, but police soon arrived and dispersed them from the field. Scuffles also broke out as police made arrests. One woman said she would file an assault complaint against the police for beating her during the operation.
The protesters later moved to Ratchadamnoen Avenue, where they were selling the shrimps at the price of 359 baht per kilogram to pedestrians. By afternoon, riot police armed with shields moved in and made more arrests.
Citing threats of the coronavirus, the government on Tuesday bans all gatherings unless they receive special exemptions from the authorities. Health officials report over 180 new coronavirus cases on Thursday as the second wave of the outbreak continued to spread across the country.
Thailand has confirmed a total of 6,884 coronavirus cases and 61 deaths.
The virus resurgence, which has been traced to a shrimp market in Samut Sakhon province, also plunged the seafood industry into a slump. A seafood vendor also killed himself last week after suffering dire financial losses.
- Impact of Event
- 16
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical)
- Rights Concerned
- #COVID-19, Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Philippines
- Initial Date
- Dec 30, 2020
- Event Description
Members of progressive groups on Thursday condemned the Rizal Day killings of nine members of an indigenous community that is opposed to a dam project on Panay Island and demanded justice for the victims of what they called a “massacre.”
The Makabayan bloc in the House of Representatives said it would seek a congressional investigation of the predawn raids on Dec. 30 by police and soldiers that led to the deaths of several leaders and members of the Tumandok, the largest ethnic group in the hinterlands of Panay.
“The year-end spate of killings in Panay is a chilling conclusion of a year marred by bloody attacks on rights defenders and ordinary citizens amid the pandemic,” said Rep. Arlene Brosas of Gabriela Women party list.
“These butchers in uniform have long been terrorizing communities since time immemorial. Now, under a bloodthirsty Commander in Chief, they have ramped up their efforts to silence the growing number of Filipinos calling for justice and opposing development aggression,” Brosas said.
She said the Gabriela Women’s Party and her colleagues in the Makabayan bloc would file a resolution to investigate the police and military operation.
The nine people were killed in separate raids in seven hinterland villages in Tapaz town, Capiz province, on Wednesday. One of them was Roy Giganto, chair of Tumanduk nga Mangunguma nga Nagapangapin sang Duta kag Kabuhi (Tumanduk), a former village chief and an incumbent village councilor of Barangay Lahug.
Tumanduk is an alliance of 17 indigenous communities in Tapaz and Jamindan towns in Capiz and Calinog in Iloilo. It is a member of Sandugo, an alliance of indigenous peoples organizations under Bagong Alyansang Makabayan (Bayan).
NPA rebels?
The Criminal Investigation and Detection Group (CIDG) of the Philippine National Police said those killed were New People’s Army (NPA) rebels who fought back when the officers served search warrants and found firearms, ammunition and explosives in their houses.
Police said 16 other villagers in Tapaz and neighboring Calinog were arrested.
Lahug village chief Jobelyn Giganto, Roy’s sister-in-law and neighbor, said policemen barged into his house around 4 a.m. and “dragged his wife out [of the house] and shot him.”
“We are not armed and how can they say he fought back when all of us were asleep when they came,” Jobelyn told the Inquirer by phone on Thursday.
Another villager who was killed, Eliseo Gayas Jr. of Barangay Aglinab, was reportedly “tortured to the point of vomiting blood prior to his death,” according to Angelo Suarez, coconvener and spokesperson for Sama-samang Artista para sa Kilusang Agraryo.
Also killed in Lahug were Mario Aguirre and Reynaldo Katipunan. The other fatalities were Garson Catamin and Rolando Diaz of Nayawan village, Maurito Diaz of Tacayan, Artilito Katipunan of Acuña and Jomar Vidal of Daan-Sur. Fear on New Year’s Eve
Jobelyn said villagers were afraid to sleep in their own homes and planned to spend New Year’s Eve at the barangay day care center after most of their community and tribe leaders were killed.
“We fear that something will happen again while we are sleeping,” Jobelyn said.
“I have been telling the people here that despite what happened, we should continue to unite and face our situation together,” she said.
According to Danilo Ramos, chair of Kilusang Magbubukid ng Pilipinas, the Tumanduk leaders were fighting against the construction of the multibillion-peso Jalaur megadam in Calinog, Iloilo province, which would submerge their homes and farmlands in their ancestral land.
Some of them were also previously harassed and put under surveillance by the military, and most were accused of being rebels, Ramos said.
A month before the raids, the Tumanduk leaders were told by the military to sign up as NPA surrenderers, said Defend Negros spokesperson Ariel Casilao. When they refused, he said, they were warned that they could be charged under the new antiterrorism law. ‘Killed Negros-style’
“True enough, they were killed Negros-style,” he added, referring to the brutal massacre of farmers in Negros Oriental in 2018 and 2019.
ACT Teachers Rep. France Castro condemned the killing of indigenous peoples who were just protecting their ancestral lands “from destructive projects that do more harm than good for the Filipino people.”
“The Tumandok indigenous community has been vocal in resisting the construction of the Jalaur Mega Dam in Calinog, Iloilo. Because of their resistance and voices of dissent, they have been victims of Red-tagging and now EJKs (extrajudicial killings) and arrests on trumped-up charges,” Castro said.
“The Tumandok massacre proves further how Red-tagging kills and how the Duterte administration is determined to silence all voices of dissent,” she said.
The National Union of Students of the Philippines (NUSP) said the Rizal Day killings showed that the Duterte administration “does not choose any time to sow terror” in rural communities.
“Innocent civilians and indigenous peoples continue to suffer due to the culture of impunity that remains even as the year is about to end,” the group said. Dam opponents
The activist science group Agham, which helped conduct an environmental investigation of the dam project, demanded justice for the Tumandok and the punishment of state forces for their “heinous crimes.”
The Jalaur River Multipurpose Project Phase II (JRMPP), locally called the Jalaur Dam, was designed to produce hydropower and supply water for irrigation in the province of Iloilo.
Agham said that in partnership with the Jalaur River for the People Movement, it found that the project proponent “failed to establish a detailed geological mapping and subsurface investigations that are crucial in determining the potential natural hazards that will affect the dam, particularly with regards to the stability of the structure and its foundation.”
It said that geologic hazards, such as earthquakes posed dangers to the dam, which may lead to massive flooding.
Agham said there also was no “free and prior informed consent” from the tribe, which is required by law for such projects in ancestral lands.
“Also, risks and possible negative impacts were still not addressed and were not communicated to the stakeholders. These key findings have validated the fears and concerns of the Tumandok people who are valiantly fighting for the protection of the people and the environment,” Agham said.
- Impact of Event
- 26
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Death, Judicial Harassment, Killing, Raid, Torture, Violence (physical)
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security, Right to life
- HRD
- Indigenous peoples' rights defender, WHRD
- Perpetrator-State
- Armed forces/ Military, Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Dec 28, 2020
- Event Description
A court in Shanghai, China on Monday sentenced former lawyer and citizen journalist Zhang Zhan to four years in prison for her reporting on the coronavirus outbreak, a harsh sentence that legal scholars say is aimed at having a chilling effect on Chinese rights activists.
Zhang, 37, was one of several citizen journalists who covered the initial outbreak in China’s central city of Wuhan. Their coverage painted a far more serious picture of conditions than the government’s official narrative of the spreading infection. Her reports included examples of the harassment of families of victims who were seeking accountability, according to human rights advocates.
Zhang was detained by authorities in May and accused of spreading false information, giving interviews to foreign media, disrupting public order and "maliciously manipulating" the outbreak. She went missing in Wuhan on May 14, according to media reports, and a day later turned up under arrest in Shanghai, more than 640 kilometers away. In court, she was formally charged with “picking quarrels and provoking trouble,” an accusation frequently used against Chinese activists.
Zhang’s lawyer, Zhang Keke, told VOA that Zhang Zhan has been on a hunger strike for nearly five months. She appeared in court in a wheelchair, all but refusing to speak — apparently using silence as a form of protest.
“The only thing she said is that citizens have the right to freedom of speech, and they have no right to question her,” Zhang Keke said.
According to the defense lawyer, the prosecutor during the trial accused Zhang of publishing so-called "problematic remarks" on China’s social media platforms including Weibo and WeChat. Yet the prosecution failed to provide any posts or videos as evidence.
“She didn’t fabricate any reports, nor has she created any harm to the society,” Zhang Keke said, adding that Zhang will likely appeal the verdict.
A Chinese human rights lawyer who asked to remain anonymous told VOA that the four-year sentence is extremely harsh. “Picking quarrels and provoking trouble usually leads to a fixed-term imprisonment of no more than five years. For first time offense, the sentence is usually one year,” he said, adding that Zhang’s harsh sentence was aimed at instilling fear among citizen journalists and civil rights lawyers.
Rights groups also condemned the ruling. Cédric Alviani, East Asia bureau head of the Paris-based media freedom group Reporters Without Borders, (RSF), called on the international community to increase pressure on the Chinese government until Beijing releases Zhang and other detained press freedom activists in China. “Zhang Zhan was only serving the public interest by reporting on the COVID-19 outbreak, so, she should never have been detained, not to mention, received a four-year prison sentence. This trial is actually a parody of justice,” Alviani told VOA.
The United Nations’ human rights office said in a tweet on Monday that it was troubled by the four-year sentence. “We raised her case with the authorities throughout 2020 as an example of the excessive clampdown on freedom of expression linked to #COVID19 & continue to call for her release,” the office said.
China has been accused of covering up the initial outbreak of the coronavirus that causes the COVID-19 disease and silencing whistleblowers, including the late Dr. Li Wenliang, and citizen journalists Fang Bing, Chen Qiushi, Li Zehua and Zhang Zhan, for exposing information that authorities did not approve for release. Dr. Li died of COVID-19 after Beijing silenced his attempts to warn the world about the coronavirus.
China has fiercely denied these accusations and said the country has been highly successful in containing the virus, compared to Western countries including the United States.
According to a survey by the Committee to Protect Journalists, China was the world’s leading jailer of journalists in 2020, with at least 47 people behind bars.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment
- Rights Concerned
- #COVID-19, Right to fair trial, Right to liberty and security
- HRD
- Blogger/ Social Media Activist, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Dec 22, 2020
- Event Description
On December 22, authorities in the Mekong Delta city of Can Tho arrested female activist Le Thi Binh and charged her with “abusing democratic freedom” under Article 331 of the Criminal Code. They accuse her of posting anti-state statuses on her Facebook page.
According to her family, police and plainclothes agents kidnapped her when she went out. They took her back to her private residence where they conducted a house search without presence of her family.
The state-controlled media reported that the local police confiscated a large amount of evidence with the anti-state content without unvealing the details of what they robbed. Her family told Defend the Defenders that it received no documentation from the local authorities about her arrest, including the arrest order approved by the local Procuracy.
Ms. Binh, born in 1976, is a younger sister of former prisoner of conscience Le Minh The, who was arrested in October 2018 on the same allegation. Both are members of the unregistered group Hiến Pháp (Constitution) which aims to raise citizens’ rights by disseminating the country’s Constitution 2013. He was later sentenced to two years in prison, and completed his imprisonment in July this year.
Like her older brother and other members of Hiến Pháp group, Binh actively participated in the mass demonstration of tens of thousands of Vietnamese in Ho Chi Minh City and other locality on June 10, 2018 to protest the two bills on Special Economic Zones and Cyber Security.
After that, she has been under close surveillance of the Can Tho’s security forces, especially after the arrests of her brother and other members of Hiến Pháp in September-October, 2018. One of eight detained members of the group has warned about her arrest as police interrogators often asked them about Ms. Binh during their questioning.
However, Binh continues to post and share numerous articles about the country’s issues such as systemic corruption, widespread human rights abuse, and China’s violations of the country’s sovereignty in the East Sea (South China Sea).
She is likely to be held incommunicado during the pre-trial detention, the common practice applied by the communist regime in political cases. She faces imprisonment up to seven years in prison if she is convicted.
With Binh’s detention, the number of prisoners of conscience rose to 253, according to Defend the Defenders’ latest statistics.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online, Right to healthy and safe environment, Right to liberty and security
- HRD
- Pro-democracy defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Cambodia
- Initial Date
- Dec 22, 2020
- Event Description
A Cambodian court convicted two rappers and sentenced them to up to a year and a half in prison on Tuesday on charges of incitement over their rhymes about social injustice and loss of sovereign territory.
Yin Srang, a spokesman for the Siem Reap provincial court, told Reuters that rapper Kea Sokun, 23, was found guilty of incitement to commit a felony and sentenced to a year and a half in prison, of which six months were suspended.
Another rapper, Long Putheara, who was 17 when arrested last year, received five months in jail, about six weeks of which was suspended, Yin Srang said.
Their convictions come during a wave of arrests of activists and opponents of the government, which started in July with the detention of a unionist who accused it of ceding land to neighboring Vietnam.
Others held include members of environmental groups, a politician and a Buddhist monk, according to human rights group Licadho, which tracks arrests of dissidents and activists.
Several Western nations have condemned that crackdown as well as treason charges against scores of opposition party supporters, warning that Cambodia's democracy is under threat.
Kea Sokun's father Kea Phal said the conviction of his son was an injustice and the two rap songs - "Khmer Land" and "Sad Race" - had positive meaning.
"The songs were educational and just remind youths to be loving of own nation," Kea Phal told Reuters.
Kea Phal said his son had made no apology during court proceedings because he did nothing wrong.
Lyrics in Khmer Land and Sad Race - which have over 2 million and 700,000 views respectively - say Cambodians are starving and the country is losing territory to its neighbors.
They urge people to stand up against oppression and unite to bring the country greatness.
Cambodia's government did not immediately respond to a request for comment on the convictions.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Online, Right to fair trial, Right to liberty and security
- HRD
- Artist, Youth
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Active
- Country
- Cambodia
- Initial Date
- Dec 22, 2020
- Event Description
A Kampong Chhnang radio station owner was convicted for incitement on Tuesday and sentenced to 20 months in prison for reporting on an ongoing land dispute between villagers and the military in the province.
Kampong Chhnang Provincial Court presiding judge Y Thavrak found Sok Oudom, owner of Rithysen radio station, guilty of “incitement to commit a felony” and sentenced him to 20 months in prison and 20 million riels, around $5,000, in punitive damages, according to Un Chanthol, a lawyer for the journalist.
The complaint was filed by Nou Samrith, deputy commander of Kampong Chhnang military operation area, for allegedly inciting villagers against the military. The journalist had broadcast a Facebook Live report on a contentious land dispute in Kampong Chhnang province’s Phnom Aural Wildlife Sanctuary, according to Sok Oudom’s wife, Nuth Sovanthou.
Un Chanthol, his lawyer, said the court should not have used the Criminal Code to jail his client, provisions in the Law on the Press could have been used to issue a correction if there was an error in the reportage.
“I think he is a journalist and his profession allows him to speak. But the court judged the opposite,” he said.
Long Sitha, Kampong Chhang court’s spokesperson, and Nou Samrith, the plaintiff, could not be reached for comment.
Oudom often posted stories on the Rithysen Radio News Station Facebook page about land disputes, clashes between people and police, and provincial court cases.
Nuth Sovanthou, 36, said her husband was among a group of journalists who were covering the land issues, but that Sok Oudom was the only one to face legal repercussions.
“It is very unfair and I don’t have any belief in the Cambodian court system,” said Nou Sovanthou, who is a mother of three.
She too questioned why the court did not use the Press Law to decide if her husband had committed a journalistic error.
“Why should we have the Law on the Press if we don’t use it to protect journalists?” she said. “He didn’t hide or incite anything.”
Article 10 of Press Law states that following a civil complaint if a court finds that the publication was false the court may order the press entity to publish a retraction, pay compensation, or publish a retraction.
Chab Sokhun, a villager from Kampong Chhnang’s Teuk Phos district, said Sok Oudom should not be accused or arrested because of his reporting since he didn’t incite people. He speculated that a mention of the provincial governor in the news report could have caused this entire episode.
“He said something affecting the provincial governor. That is why he was arrested,” said Chab Sokhun, who is involved in the land dispute.
Oudom is the third journalist in recent months to be convicted of incitement. The vaguely defined charge is often used to target detractors and critics of Hun Sen and the Cambodian government, rights groups say.
Last month, the Phnom Penh Municipal Court sentenced a Cambodian newspaper publisher who made critical comments about Prime Minister Hun Sen on Facebook to 18 months in prison. In October, Sovann Rithy, who founded social media news outlet TVFB, was convicted of incitement and given a suspended sentence.
Ith Sothoeuth, media director at the Cambodian Center for Independent Media, said the authorities should not jump to file criminal charges and instead should try to use other ways to get corrective measures.
“The [authorities] should understand the role of journalists in doing their work rather than suing them in court,” she said. “It is another threat to journalists.”
Vann Vichar, 35, a freelance journalist, said the excessive use of incitement charges was a concern, because he was never sure which story would be considered incendiary, pointing out there was little chance of getting a fair verdict in these cases.
“[Incitement charges] are a concern for me because as a journalist I do not know which article can be assessed to be incitement,” said Vann Vichar, who has worked as a journalist for some 10 years.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Online, Right to fair trial
- HRD
- Media Worker
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Dec 22, 2020
- Event Description
An activist in Kazakhstan's southern region of Turkistan has been handed a parole-like sentence for his links with a banned political movement.
The Keles district court on December 22 sentenced Marat Duisembiev to 3 1/2 years of "freedom limitation" after finding him guilty of involvement in the activities of the banned opposition Democratic Choice of Kazakhstan (DVK).
The trial was held online due to coronavirus restrictions. Duisembiev participated in the process via a video link from a detention center in the regional capital, Shymkent.
The 44-year-old activist was arrested and charged in August after he openly called for people to take part in an unsanctioned rally organized by the DVK.
Human rights organizations in Kazakhstan recognized him as a political prisoner last month.
Duisenbiev's sentence was handed down two days after another activist, Alibek Moldin, was sentenced to one year of "freedom limitation" for being associated with the DVK-linked unregistered Koshe (Street) Party, also banned in Kazakhstan as an extremist organization.
DVK is led by Mukhtar Ablyazov, the fugitive former head of Kazakhstan’s BTA Bank and outspoken critic of the Kazakh government. Kazakh authorities labeled DVK extremist and banned the group in March 2018.
Several activists have been sentenced to various prison terms and limitations in Kazakhstan in recent months for involvement in the DVK's activities, including taking part in the DVK-organized unsanctioned rallies.
Opponents of the Kazakh government have said that the crackdown on the DVK's supporters has intensified ahead of the parliamentary elections scheduled for January 10.
Human rights groups have said Kazakhstan’s law on public gatherings contradicts international standards as it requires preliminary permission from authorities to hold rallies and envisions prosecution for organizing and participating in unsanctioned rallies even though the nation’s constitution guarantees its citizens the right of free assembly.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment, Restrictions on Movement
- Rights Concerned
- #COVID-19, Freedom of movement, Right to fair trial, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Dec 21, 2020
- Event Description
On December 21, the People’s Court of District 8 in Ho Chi Minh City found three local Facebookers named Nguyen Dang Thuong, Huynh Anh Khoa, and Tran Trong Khai guilty of “abusing democratic freedom” under Article 331 of the Criminal Code for administrating an open Facebook group discussing Vietnam’s socio-economic issues.
The jugde concluded that the trio have posted a number of statuses in the group with the content distorting the communist regime and defaming late President Ho Chi Minh and incumbent leaders General Secretary cum State President Nguyen Phu Trong and Chairwoman Nguyen Thi Kim Ngan of the country’s highest legislative body National Assembly. The court decided to sentence Mr. Thuong to 18 months in prison, Mr. Khoa- 15 months and Mr. Khai- one year.
The three Facebookers were without legal assistance during their pre-trial detention and the hearing. It is likely that they were forced by the police to give up legal consultation provided by the lawyers who were hired by their families, said Mrs. Pham Bao Ngoc, the wife of Mr. Khoa.
Mrs. Ngoc also told Defend the Defenders that she and other relatives of the three Facebookers were not permitted to enter the court areas. After fierce argument, police allowed them to enter but stay in the corridor of the courtroom which was filled with policemen and local officials. During the break and after the end of the trial, police prevented the relatives from having physical contacts with the trio, using Covid-19 as an excuse, Ngoc complained.
Along with imprisoning the trio, the judge also decided to confiscate their three computers and two cell phones with which they used to post “anti-state” articles.
Mr. Khoa and Mr. Thuong were arrested by security forces in HCM City on June 13 this year in relation to a group on Facebook in which its members held discussions about Vietnam’s socio-economic issues. It was unclear about the detention of Mr. Khai.
Khoa and Thuong are said to be admins of a Facebook group named Bàn luận Kinh tế-Chính trị (Economic-Political Discussion) with 46,000 followers. However, the group was closed immediately after the arrests of its two admins.
As the ruling Communist Party of Vietnam prepares its 13th National Congress scheduled for January 2021, the regime continues its crackdown on local dissent and tightens control on social media, especially Facebook, the largest social network in Vietnam with around 60 million accounts.
In 2020, Vietnam arrested 27 independent journalists and Facebookers for their online activities and charged them with “abusing democratic freedom,” “conducting anti-state propaganda” and subversion. The communist regime has sentenced ten activists to between nine months and 12 years in prison. In addition, the regime has imposed administrative fines up to VND15 million ($680) on hundreds of Facebookers nationwide for their online posts unfavorable for the regime after requesting them to delete their posts.
In Vietnam, the ruling communist party strictly controls the official media and social networks including Facebook become the main platform for local residents to express their opinions. However, the online crackdown has become more and more fierce.
On December 14, the Paris-based group Reporters Without Borders (RSF) issued a report saying Vietnam is among the first countries in the world holding the largest number of journalists and Facebooker, together with China, Egypt, Saudi Arabia and Syria. Particularly, Vietnam holds seven journalists and 21 Facebookers behind the bar, and is listed at the 175th place among 180 countries in the RSF’s 2020 World Press Freedom Index.
The Committee to Protect Journalists (CPJ) has also listed Vietnam among the global biggest prisons for journalists with 15 journalists being imprisoned.
Vietnam is also the biggest jail for prisoners of conscience in Southeast Asia. According to Defend the Defenders’ latest statistics, Vietnam is holding 252 prisoners of conscience as of December 21, 2020.
- Impact of Event
- 3
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online, Right to fair trial, Right to liberty and security
- HRD
- Blogger/ Social Media Activist
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Dec 21, 2020
- Event Description
Three youths charged under Section 19(a) of the Peaceful Assembly Law over a human rights demonstration in the Arakan State capital earlier this month appeared before the Sittwe Township Court on December 30.
Ko Min Bar Chay aka Ko Than Hla, one of the accused, said a meeting to develop a case management plan was held at the court on Wednesday.
“The judge asked both sides if we wanted to settle the case. Both sides said to go to trial,” he said.
More than 30 young people joined a demonstration in Sittwe to mark Human Rights Day, celebrated globally on December 10, during which participants denounced ongoing human rights violations in Arakan State. Their march began at Sittwe’s BXT port and proceeded along Shukhintha Street, with demonstrators holding placards protesting rights abuses. The three defendants were arrested by police near Sittwe Hotel, and were released on bail later that evening.
Ko Min Bar Chay, Ko Naing Naing Tun and Ma Khine Myat Thu from the Rakhine Youth New Generation Network were charged on December 21 by the head of the Sittwe Township police.
“I do not understand why [the judiciary] accepted the charge. We did not stage a protest. We did not criticise someone. But the legal [authorities] accepted the charge of the police against us,” Ko Min Bar Chay said. “It proves how Myanmar’s rule of law, justice and judiciary sector is deteriorating.”
Under Section 19 of the Peaceful Assembly and Peaceful Procession Law, anyone who is convicted of assembling or demonstrating without applying for a permit in advance faces up to three months in prison, a fine not to exceed K30,000 ($22.50), or both.
Their next court hearing is scheduled for on January 14.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- WHRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Dec 21, 2020
- Event Description
A Kazakh activist has been handed a parole-like sentence for his links to a banned political movement.
A court in the northwestern city of Aqtobe on December 21 sentenced Alibek Moldin to one year of "freedom limitation" after finding him guilty of being a leader of the banned Koshe (Street) party associated with the banned Democratic Choice of Kazakhstan (DVK) movement.
Moldin was detained and placed under house arrest on November 10. His sentence means that he has to report to police on a regular basis, cannot leave Aqtobe, or change his address without police permission until December 21, 2021.
The 37-year-old activist has maintained his innocence and said at the trial that the case against him is politically motivated.
"I am being persecuted by the dictatorial regime.... I have been a political activist since 2016 and since that time I, my parents, and my brothers have been under pressure. There were numerous attempts by the local authorities to force me to change my political views. Several administrative and criminal cases have been launched against me. I was ordered to pay fines and forced out of my job. There are at least 150 activists in Kazakhstan who, like me, have been under pressure because of their political views," Moldin said.
Moldin's lawyer, Adil Tulkibaev, told RFE/RL that the court decision will be appealed.
DVK is led by Mukhtar Ablyazov, the fugitive former head of Kazakhstan’s BTA Bank and an outspoken critic of the Kazakh government. Kazakh authorities labeled the DVK extremist and banned the group in March 2018.
Several activists have been sentenced to various prison terms and limitations in Kazakhstan in recent months for involvement in the DVK's activities, including taking part in DVK-organized unsanctioned rallies.
Human rights groups have said Kazakhstan’s law on public gatherings contradicts international standards as it requires preliminary permission from authorities to hold rallies and envisions prosecution for organizing and participating in unsanctioned rallies, even though the nation’s constitution guarantees its citizens the right of free assembly.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment, Restrictions on Movement
- Rights Concerned
- Freedom of movement, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Dec 21, 2020
- Event Description
A well-known actress who is one of the most high-profile supporters of Thailand’s pro-democracy protest movement answered a police summons Monday charging her with violating the country’s harsh law against defaming the monarchy, even though she is not known to have spoken publicly about the royal institution.
Inthira “Sai” Charoenpura, who is also a singer, has drawn both praise and criticism for giving material support and raising funds for the student-led movement. Along with seven protest leaders, she presented herself at a police station in Bangkok to hear charges that they had violated the country’s lese majeste law, which calls for a prison term of three to 15 years for defaming the king or members of his immediate family.
The law, known as Article 112, has long drawn criticism for its harshness and terms that let anyone file a complaint, allowing its use for partisan political purposes. Its use against Inthira appeared to be unprecedented since she was not directly tied to any comments about the monarchy. She has helped provide food, protective gear and other equipment for the protest rallies over several months that have attracted thousands of people.
Charging Inthira “sets a very disturbing precedent,” said Sunai Phasuk, a researcher for New York-based Human Rights Watch, adding that it now seems that being an accessory to any actions that Thai authorities consider to be offensive to the monarchy are punishable. “So now the net is being cast very wide, much wider than ever before,” he said.
Inthira refused to sign a legal document acknowledging she has been charged.
“It is ridiculous that I supplied food and got this charge. Does it mean anybody can face the same situation if they are not on the government’s side?” Inthira said. “I am not worried. I will continue supporting the rallies no matter what.”
She said that as a consequence of supporting the rallies, about 70% of her work had been canceled.
Article 112 has not been invoked for almost three years, after King Maha Vajiralongkorn informed the government that he did not wish to see it used. But it was revived last month after Thai Prime Minister Prayuth Chan-ocha announced that all laws would be employed to prosecute protesters who failed to respect other people’s rights and liberties.
The legal aid group Thai Lawyers for Human Rights has tallied at least 35 individuals who have been charged under the lese majeste law since Nov. 24.
Although Inthira is not cited for any remarks about the monarchy, other protest leaders have been outspoken in their criticism of the institution, which they are demanding be reformed to make it accountable. They consider it a feudal institution unsuitable for a democratic state and accuse it of wielding too much power.
The protest movement has had three core demands: that Prayuth step down because they believe he was elected unfairly; that the constitution be amended to make it more democratic; and that the monarchy be reformed.
In recent weeks, protest leaders have put the focus on the monarchy, which is the most sensitive issue. Many Thais treat the monarchy with reverence, considering it an untouchable institution that is the heart and soul of the nation.
Until the middle of this year, when the protesters raised the issue, public criticism of it was unprecedented, There has been a sharp reaction from royalists, including the military, a dominant force in Thai politics, which considers defense of the monarchy to be one of its main missions.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Artist, Pro-democracy defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Pakistan
- Initial Date
- Dec 20, 2020
- Event Description
Pakistani police have arrested another member of a civil rights movement campaigning for the country's ethnic Pashtun minority amid an apparent crackdown on the group.
A member of the Pashtun Tahafuz Movement (PTM) told RFE/RL that Muhammad Sher Mehsud was taken away late on December 20 when officers raided his house in the port city of Karachi.
A police official, speaking on condition of anonymity, confirmed the arrest but could not provide details about the charges against Mehsud, who was one of the organizers of an unsanctioned rally in Karachi on December 6.
The day after the gathering, police filed a case against as many as 19 PTM members, including a lawmaker and leader of the movement, Ali Wazir, who faces sedition charges over accusations he made anti-state comments during the Karachi rally.
Wazir is to remain in police custody until December 30 when he will be presented before an anti-terrorism court.
His family have said his life is in danger in custody, a claim that the police officials reject.
Police on December 18 arrested another PTM leader, Noorullah Tareen, hours after thousands of supporters of the rights’ group protested in a dozen cities and towns of Pakistan against Wazir’s arrest.
The PTM, which has campaigned since 2018 for the civil rights of Pakistan’s estimated 35 million ethnic Pashtuns, has attracted tens of thousands of people to public rallies in recent years to denounce the powerful Pakistani Army's heavy-handed tactics in its fight against the Pakistani Taliban and other militant groups in the country's northwest.
International rights groups say Pakistani authorities have banned peaceful rallies organized by the PTM and some of its leading members have been arbitrarily detained and prevented from traveling within the country. Some members have also faced charges of sedition and cybercrimes.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Raid
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security, Right to political participation
- HRD
- Minority rights defender
- Perpetrator-State
- Police
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Dec 18, 2020
- Event Description
The Supreme Court on Friday initiated contempt proceedings against stand-up comedian Kunal Kamra and cartoonist Rachita Taneja for scandalising the court and the highest judiciary with their tweets.
A three-judge Bench of Justices Ashok Bhushan, R. Subhash Reddy and M.R. Shah issued notice asking Mr. Kamra and Ms. Taneja to show cause why they should not be punished for contempt of court.
Both Ms. Taneja and Mr. Kamra have been exempted from personal appearance in court. Usually, persons facing contempt action have to be present during the hearing.
The notice to them is returnable in six weeks.
On Thursday, the Bench had heard petitioners seeking contempt action against the duo and decided to pass its orders after a day.
The petitioners, mostly law students and lawyers, had moved the Supreme Court after getting the statutory consent for contempt action from Attorney General K.K. Venugopal.
In the case against Mr. Kamra, law student Shrirang Katneshwarkar’s counsel Nishant Katneshwarkar had submitted that the tweets by the comic were scandalous.
Mr. Katneshwarkar had given a date-wise chronology of the various tweets of the comedian.
Mr. Venugopal had consented to contempt action against Mr. Kamra, saying the tweets were grossly vulgar and obnoxious.
Mr. Kamra had refused to apologise or retract the tweets. Instead, he had tweeted that he wished to “volunteer” the time that may be allotted for hearing his contempt case to others “who have not been as lucky and privileged as I am to jump the queue”.
The AG had also found Ms. Taneja’s cartoons, which she had tweeted, scandalous with an intent to undermine the judiciary. The cartoons concern the top court’s grant of bail to Republic TV editor-in-chief Arnab Goswami.
Mr. Venugopal had, in his consent letter, said the tweets carried the “gross insinuation” that the court had “ceased to be an impartial organ of the State”.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Artist, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Dec 17, 2020
- Event Description
Authorities in Vietnam arrested a journalist Thursday for social media posts criticizing tollbooths set up under a controversial infrastructure funding program, local media reported.
Truong Chau Huu Danh, a contributor to a popular Facebook page Bao Sach (Clean Newspaper), that discusses Vietnamese social issues, had posted criticism of build-operate-transfer (BOT) highways that Vietnam had adopted in recent years, sparking rare motorist protests over toll collection.
Truong has been active as a journalist for several Vietnamese newspapers, reporting on protests against what activists say is “illegal toll collection” and the “illogical construction of tollbooths” across the country.
He was detained by police in Can Tho, a province-level city in the country’s deep south, on charges of “abusing democratic rights to infringe upon the benefits of other individuals and/or organizations,” under Article 331, the Vietnam 2015 Penal Code.
They transferred Truong to authorities in his hometown in nearby Long An province. If convicted, he could serve up to three years in prison.
The procuracy in Can Tho approved detention of up to three months for investigation.
In his last status update on his Facebook fan page, Truong posted photos of Ho Chi Minh City’s deputy party chief Tat Thanh Cang and former transport minister Dinh La Thang, who were both recently arrested and prosecuted.
The photos had been altered to show them in prison uniforms, and Truong had titled the post “reunion.”
Truong is one of the founders of the Bao Sach Facebook page, which currently has more than 100,000 likes. The page has gained notoriety for raising concerns over a death sentence handed to Ho Duy Hai, who was arrested in March 2008 and convicted nine months later of plundering property and murdering two female postal employees in Long An Province.
Ho’s case has been marred by accusations of procedural errors, including Ho’s contention that he was made to confess while in pretrial detention.
CPJ denial
Also on Thursday, Vietnam rejected a report by the New York-based Committee to Protect Journalists (CPJ) about detained journalists worldwide.
The report, released Tuesday, said that Hanoi has arrested at least 15 journalists in 2020, not including Truong.
At a press briefing, Le Thi Thu Hang, spokeswoman for Vietnam’s Ministry of Foreign Affairs, said the report was full of stereotypes about the Vietnamese situation.
“In Viet Nam, just like in other rules-based government across the world, every citizen is equal in front of the law and anyone who commits legal violations will have to be handled in accordance with judiciary procedures as codified in the existing laws,” she said.
Vietnam, with a population of 92 million people, has been consistently rated “not free” in the areas of internet and press freedom by Freedom House, a U.S.-based watchdog group.
Reporters Without Borders (RSF) ranked Vietnam 175 out of 180 in its 2020 World Press Freedom Index. About 25 journalists and bloggers are being held in Vietnam’s jails, “where mistreatment is common,” the Paris-based watchdog group said.
Vietnam’s already low tolerance of dissent deteriorated sharply this year with a spate of arrests of independent journalists, publishers, and Facebook personalities as authorities continued to stifle critics in the run-up to the ruling Communist Party congress in January.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Dec 17, 2020
- Event Description
Two students facing charges under the lèse majesté law for participating in a “fashion show” during a pro-democracy protest on Silom Road went to hear the charges yesterday (17 December), while members of the We Volunteer protest guard group and other protesters gathered outside the police station in Thai traditional dress to show support.
Jatuporn Sae-Ung, 23, and Noppasin (last name withheld), 16, went to Yannawa Police Station to hear the charges after they were accused of insulting the Queen by wearing Thai traditional dress, a gesture seen as mockery of the royal family, at a “fashion show” during the protest on Silom Road on 29 October 2020.
Jatuporn was immediately released after she was informed of the charges without needing to post bail. She said after her release that, during the protest, she only wore Thai traditional dress and did not give any speeches, but she was accused of imitating the Queen. She said she would like Section 112 to be repealed, but commented that it might be difficult and that the law seems to be used as a form of harassment.
Noppasin, on the other hand, was taken to the Juvenile and Family Court, so that the court could examine whether the case was handled properly according to the protocol for pressing charges against a minor. The inquiry officer also submitted a detention request, which the Court approved as the charge carries high penalty, despite Noppasin’s lawyer objecting to the request on the ground that he would not flee and will report to the aithorities as summoned. He was eventually released on bail.
Khumklao Songsomboon from Thai Lawyers for Human Rights (TLHR) said that, according to the inquiry officer, Noppasin is charged because he wore a tank top, which was interpreted as mockery. Noppasin has denied all charges.
Khumklao also said that, even though Noppasin was granted bail, he still has to report to the Juvenile Detention Centre on Monday. He also has to report to the inquiry officer along with Jatuporn on 11 January 2021, when the inquiry officer is scheduled to submit the case to the public prosecutor.
As Jatuporn and Noppasin were hearing their charges, the We Volunteer (WeVo) protest guard group organized a rally in front of Yannawa Police Station, even though the police stated that they had not notified the police of a public assembly and must disperse by 11.30 a.m. Many people who joined the rally wore Thai traditional attire to show their support.
Parit “Penguin” Chiwarak wore a red Thai costume with blue diamond accessories. He made a speech criticizing the illogical use of lèse majesté law including this case and another involving a pro-democracy actress who supported the protests with food.
He also urged the authorities to accept the demand of the people and abolish the lèse majesté law, otherwise, the law will no longer be justified and the people will abolish it no matter what the royal institution thinks.
Parit said that lèse majesté charges had been filed not in the cause of justice but as a punishment on behalf of the King. And if the authorities continued to obstruct democratization by the lèse majesté law, this meant that they were trying to make the royal institution an enemy of the people.
As of 17 December, a total of 34 people are now facing charges under Section 112 in connection with the recent protests.
Actor Inthira Charoenpura and volunteer medic Natthathida Meewangpla received summonses on Wednesday (16 December 2020). Inthira has been supporting the pro-democracy protests by donating food and equipment and supporting other activists’ fundraising efforts, but has never given speeches. Natthathida, who was previously been charged with royal defamation in 2015, received a summons from Bangkhen Police Station, most likely for the protest in front of the 11th Infantry Regiment headquarters on 29 November.
Student activist Phongsatorn Tancharoen, a member of the student activist group Mahasarakham University Democracy Front, received a summons from Paholyothin Police Station, most likely in relation to the protest in front of the SCB headquarters on 25 November.
Narin (last name withheld) is also facing charges under Section 112, most likely for putting a sticker on a display in honour of the King. Thai Lawyers for Human Rights (TLHR) also reported that, following the 19 – 20 September protest, Narin was arrested by plainclothes officers for charges under the Computer Crimes Act, and accused of running the satirical Facebook page “กูkult.”
Others who have already been summoned have received summonses for additional charges, including human rights lawyer and protest leader Anon Nampa, who is now facing 7 counts of royal defamation.
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Pro-democracy defender, WHRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- China
- Initial Date
- Dec 16, 2020
- Event Description
Chinese journalist and filmmaker Du Bin has been detained by authorities for allegedly “picking quarrels and provoking trouble” on December 16. The International Federation of Journalists (IFJ) calls on the Chinese government to release Du immediately and respect Chinese citizens’ right to freedom of expression.
Du, 48, is a Chinese documentary filmmaker and journalist who has previously worked for The New York Times as a freelance photographer. According to Du’s sister Du Jirong, Du was arrested and detained by Beijing police on December 16 over vague allegations he was ‘picking quarrels and provoking trouble’.
The journalist’s detention may have been linked to his recent writing, including a book on the rule of Soviet leader Vladimir Lenin scheduled for publication in 2021. According to South China Morning Post, Du has been under scrutiny from the Chinese Communist Party for writing and editing a number of politically sensitive books, such as a documentation of the Tiananmen Square Massacre in 1989.
The police have recently summoned Du for questioning on multiple occasions, during which he was asked to delete sensitive contents on his Twitter account, according to Weiquanwang, a website tracking detentions and persecution of activists and dissidents in China, as well as Voice of America. Authorities have also inquired about his book projects, the reports said.
Violations of press freedom and journalists’ rights have increased in China in recent years as authorities continue to expand their control over the media. A number of citizen journalists were detained for their coverage of the Covid-19 pandemic in China during 2020, while about a dozen foreign journalists have been expelled, partly due to the ongoing tension between the United States and China.
Last week, the IFJ documented the arrest of Haze Fan, a staff member who has been at the Bloomberg News Beijing bureau since 2017, on suspicion of taking part in activities endangering national security. In August, Cheng Lei, a Chinese-born Australian journalist who had worked in the English service of the state run television CGTN, was detained by the Chinese government for the same accusation leveled against Fan.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Artist, Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Dec 16, 2020
- Event Description
Protest leader Parit "Penguin" Chiwarak reported to Samranrat police on Wednesday to acknowledge a police charge of causing damage to public property during a rally at the Democracy Monument on Oct 14.
He was accompanied by Noraseth Nanongtoom of the Thai Lawyers for Human Rights Centre.
Mr Parit said he reported in response to a police summons and was charged with causing damage to public property during the Oct 14 rally.
On that day he and other demonstrators had only moved potted trees from the base of the monument to a space nearby, he said. He had not seen any damage to the plants or pots.
Mr Parit thought the charge was intended to keep him busy with legal cases.
Anti-government movement leaders, including Mr Parit, have been summonsed to hear multiple charges, one after another, in connection with past demonstrations demanding the resignation of Prime Minister Prayut Chan-o-cha, the rewriting of the constitution and reform of the monarchy.
The most serious of these are charges of lese majeste under Section 112 of the Criminal Code, which carry hefty prison terms on conviction.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Pro-democracy defender, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Pakistan
- Initial Date
- Dec 16, 2020
- Event Description
Ali Wazir, a lawmaker and leader of a civil rights movement campaigning for Pakistan’s ethnic Pashtun minority, has appeared before a judge following his arrest in the northwestern city of Peshawar on anti-state charges.
Another leader of the Pashtun Tahafuz Movement (PTM), Said Alam Mehsud, told RFE/RL on December 17 that the judge granted a request by Wazir’s lawyers to let their client fly to the port city of Karachi, where he is facing charges.
It was not immediately clear when Wazir would be taken to Karachi.
Earlier, police officials in Karachi told RFE/RL that Wazir, PTM chief Manzoor Pashteen, and two other leaders of the movement, lawmaker Mohsin Dawar and Sanna Ejaz, had been charged with making anti-state speeches during an unsanctioned rally in the city on December 6.
Wazir was arrested in Peshawar on December 16 after he attended a gathering marking the sixth anniversary of the massacre of more than 150 people at a Peshawar school in December 2014.
It was not immediately clear why police had not arrested the other PTM leaders accused in the case.
Under Pakistani law, lawmakers are immune from arrest until the National Assembly speaker or the Senate chairman approves it.
Police officials in Karachi told RFE/RL that Wazir’s arrest was sanctioned by the lower house’s speaker, Asad Qaisar, who has not commented on the matter.
The PTM has campaigned since 2018 for the civil rights of Pakistan’s estimated 35 million ethnic Pashtuns, many of whom live near the border of Afghanistan where the military has conducted campaigns it says defeated the Pakistani Taliban.
The movement has attracted tens of thousands of people to public rallies in recent years to denounce the powerful Pakistani Army's heavy-handed tactics that have killed thousands of Pashtun civilians and forced millions more to abandon their homes since 2003.
International rights groups say authorities have banned peaceful rallies organized by the PTM and some of its leading members have been arbitrarily detained and prevented from traveling within the country. Some members have also faced charges of sedition and cybercrimes.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to political participation
- HRD
- Minority rights defender
- Perpetrator-State
- Police
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Dec 15, 2020
- Event Description
Authorities put on trial Ge Zhihui, a human rights defender with disabilities, on December 15, 2020. Ms. Ge is an advocate for social and economic rights, who had been disabled by a demolition team while resisting the forced eviction of her family from their home. At her December 15 trial at the Beijing Fengtai District Court, she faced the charge of “picking quarrels & provoking trouble.” The prosecution’s case against her included the claims that Ms. Ge had showed support for persecuted human rights defender Cao Shunli, protested against officials who were interfering in a village election, and posted critical comments online. Except for her lawyer, nobody was allowed into the courtroom, not even her family members. The court did not announce a verdict. Police detained Ms. Ge in July 2019 and she has since languished at the Fengtai District Detention Facility. China ratified the international Convention on the Rights of Persons with Disabilities in 2008, The UN’s disability rights and social, economic and cultural rights treaty bodies are both currently conducting reviews of China’s implementation of the treaties.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Dec 15, 2020
- Event Description
On 15 December 2020, police personnel arrested woman human rights defender Annapoornafrom her house in Vishakapatnam. While it was not informed at the time of the arrest, her familywas later told, upon repeated inquiring, that she was taken into custody in relation to a FirstInformation Report (FIR) filed against her and several others, on 23 and 24 November, allegingtheir links to Maoist factions. Annapoorna is currently being detained at the Vishakapatnam CentralJail.Annapoorna is a labour rights defender, an advocate and an executive member of thePragatisheela Karmika Samakhya, a workers union in the Indian state of Andhra Pradesh. Over thepast several years, the woman human rights defender has been at the forefront of the humanrights movement in India, advocating for Dalit, women’s and worker’s rights.On 15 December 2020, a team of ten plain clothed individuals entered the residence of labourrights defender Annapoorna and forcibly removed her. The defender was feeding her three year oldchild when the incident occurred. The individuals did not did not disclose their identity, nor did theygive a valid reason for taking her away. During the raid, they also took three mobile phones thatwere in the house. It was only later, when Annapoorna’s brother went to file a complaint at the localpolice station, he was informed that she had been taken by Special Enforcement officials andtherefore no complaint would be registered. Later the same day, two individuals entered thewoman human rights defender’s house for a second time, took the signature of Annapoorna’smother and then proceeded to search the entire place. When prompted and asked to to identifythemselves, they failed to respond and left hastily. The defender’s lawyer and family have beendenied physical access to her since her arrest. Furthermore, the labour rights defender is adiabetic and suffers from thyroid related problems and is in need of regular medication. Her threeyear old had recently recovered from COVID-19 and is still healing from the severity of it’s effects.On 23 and 24 November 2020, two FIRs, naming over eighty persons, were filed atMunchangiputtu and Piduguralla in Andhra Pradesh. The FIRs allegedly report that those it nameshave links to Maoist factions in the country. Annapoorna is the fifth human rights defender to bearrested since the lodging of these FIRs. Several of those mentioned in the FIRs are members ofhuman rights organisations, including women's rights organisations, workers unions andorganisations working against caste discrimination. The charges in the FIRs include the stringentand draconian Unlawful Activities Prevention Act (UAPA), Andhra Pradesh Public Security Act,Arms Act and sedition charges.Front Line Defenders condemns the arrest of woman human rights defender Annapoorna, as itbelieves she is being targeted as a result of herhuman rights work and exercising her right tofreedom of expression.It particularly condemns the use of the UAPA against human rightsdefenders, with the aim of terrorising them and silencing their work.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment, Raid, Vilification
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Labour rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Dec 14, 2020
- Event Description
Questions are being raised over a recent case opened against a DMG reporter in Arakan State who is being charged with defamation under the Telecommunications Law in connection with a recently published article, instead of first resorting to the News Media Law for resolution.
“It is as if a case is being filed against us because of hate toward us. We published the story in accordance with media ethics, so we don’t understand why such a case was filed against us,” said U Aung Marm Oo, editor-in-chief of Development Media Group (DMG).
Engineer U Maung Win from Road/Bridge Special Group (4) filed a lawsuit against Aung Kyaw Min aka Kyaw Myo Aung at the Maungdaw Myoma police station earlier this month under Section 66(d) of the Telecommunications Law, alleging defamation on the erroneous premise that the story in question misquoted him.
Under the headline “Soonest repair needed at Maungdaw 3rd-Mile Bridge,” the article was published on the Facebook page and website of DMG on December 11.
U Aung Marm Oo said he had heard that the case was filed by U Maung Win at the behest of the Arakan State government.
“The plaintiff said he did not want to sue the reporter. We have heard that he was forced to sue the reporter by the local government,” DMG’s chief editor said.
Aung Kyaw Min was questioned at the Maungdaw Myoma police station on December 14 and was released on K500,000 ($370) bail.
Aung Kyaw Min, a Maungdaw-based DMG journalist who stands by his story, said the lawsuit against him is a threat to truth-seeking.
“The government seems to be cracking down on our journalists and the prosecution is a threat to the truth,” he said.
DMG phoned the head of the Maungdaw Myoma police station, Police Captain Ye Naing Tun, seeking comment on the case, but he could not be reached.
DMG has faced legal action previously, in a case that remains open. Sittwe Special Branch (SB) police filed charges against U Aung Marm Oo under Section 17(2) of the Unlawful Associations Act on May 1, 2019. He has been on the run since May 2019, and almost 20 months later, the charges against him have not been dropped.
If action is to be taken against a member of the media, in accordance with the 2014 News Media Law it is necessary to first file a complaint with the Myanmar Press Council (MPC).
The law states, “If any of the responsibilities or ethics required in Article 9 are considered to be breached by a News Media worker, the aggrieved department, organization or individual shall have the right to complain to the council first.”
Of the Arakan State capital Sittwe’s main three media outlets — Development Media Group, Narinjara News Agency and Western News — cases have reportedly been filed against U Aung Marm Oo of DMG and Narinjara’s chief editor, U Khaing Mrat Kyaw.
Ko Wunna Khwar Nyo, editor-in-chief of Western News, said the recent lawsuits against journalists in Arakan State are a source of concern for local reporters.
“We are concerned for our safety. There are only three media outlets in Arakan State. Reporters in Arakan State are increasingly concerned about the local government’s threat to prosecute under Section 66(d) of the Telecommunications Law,” he added.
Maung Saungkha, director of the free speech advocacy group Athan, criticised the prosecution of journalists as deliberate, saying the local government should monitor them.
“I think the respective local governments should monitor these lawsuits. It is a shame that it is being pointed out by international and local civil society organisations. We think suing over trivial matters is a major obstacle to democracy,” he said.
Under the National League for Democracy (NLD) government, about 50% of all lawsuits against journalists have been filed under Section 66(d) of the Telecommunications Law, according to Athan.
“The government should stop litigating and amend the Telecommunications Law as soon as possible to prevent such lawsuits in the future,” Maung Saungkha said.
The December 11 news story about the bridge in Maungdaw was based in part on an interview willfully given by the complainant U Maung Win. DMG has demanded that the case be withdrawn, saying that at no point did the article misquote or misattribute any of the cited individuals.
DMG is also insisting that the complainant first take his grievance to the Myanmar Press Council, which is empowered under the News Media law to arbitrate in such circumstances.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Dec 14, 2020
- Event Description
Anti-government protest leader Anon Nampa reported to Bang Pho police on Monday to acknowledge another lese majeste charge under Section 112 of the Criminal Code, this time in connection the rally in front of parliament, near the Kiak Kai intersection, on Nov 17.
He was accompanied by Pongsit Namuangrak, of the Thai Lawyers for Human Rights Centre.
Mr Anon said he was reporting in response to a summons issued by Bang Pho police, media reports said.
He was not dispirited by the charge. He had already received four summonses on lese majeste charges and expected there were more to come, from every past rally
All protest leaders were prepared to enter the legal process, he said.
Mr Anon said more demonstrations would be held next year. They would be intensified, to reflect the people's state of mind, the economy and politics.
Their three demands would remain - the resignation of Prime Minister Prayut Chan-o-cha, rewriting of the constitution and reform of the royal institution.
He said this year's rallies were the overture to a long struggle.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Lawyer, Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- China
- Initial Date
- Dec 14, 2020
- Event Description
On 14 December 2020, Chang Weiping's parents held a protest in front of the Gaoxin branch of the Baoji Municipal Public Security Bureau, seeking his release and raising concerns about the risk of torture in detention. After the protest, both parents were summoned for interrogation several times. A CCTV camera was installed outside their home in Fengxiang county to monitor their movement and any visitors. Their mobile phones have since been confiscated and they are under de facto incommunicado house arrest.
One of Chang Weiping's brothers-in-law and his father-in-law also had their mobile phones confiscated. Chang Weiping's older sister was prohibited from visiting her father. Chen Zijuan, Chang Weiping's wife, has not been able to contact her father-in-law for over two weeks.
On 6 January 2021, Chen Zijuan submitted a complaint to the Baoji Municipal Procuratorate against local public security officials who visited her in Shenzhen eight times between 22 October 2020, the day Chang Weiping was detained, and 23 December 2020. The officials warned her not to conduct public advocacy for her husband. They also pressured her to delete her social media posts on Weibo about her husband's situation. The officials said she would lose her job if she defied their demands.
The two human rights lawyers who were initially hired to assist Chang Weiping had to withdraw from the case due to intense pressure from the authorities. Two new lawyers who took over the case said they could not give any media interviews due to official pressure. The new lawyers' first attempt to meet Chang Weiping was not successful. In a statement issued on 16 December 2020, the UN Special Rapporteur on the situation of human rights defenders said the withdrawal of Chang Weiping's first lawyers was "telling of the gravity and scale of the situation faced by human rights defenders and lawyers in China.”
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- Intimidation and Threats, Judicial Harassment, Restrictions on Movement, Surveillance
- Rights Concerned
- Freedom of assembly, Freedom of movement, Offline, Right to healthy and safe environment
- HRD
- Family of HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Related Events
- China: prominent lawyer arrested, held incommunicado
- Country
- China
- Initial Date
- Dec 13, 2020
- Event Description
On 26 December 2020, one of Yu Wensheng's defence lawyers received the Jiangsu Provincial Higher People's Court's appeal decision upholding the original verdict and sentence against the human rights defender. The appeal decision was reached before the defence lawyers had the opportunity to submit their defence statement to the court and before they were able to make copies of and review all the case files.
The appeal decision was dated 13 December 2020, but when Xu Yan, Yu Wensheng's wife, phoned the Court on 16 December, a court official told her that the Court had yet to reach a decision.
It is not yet clear when, or if, Yu Wensheng, who is currently detained at the Xuzhou Detention Centre, will be transferred to a prison. Detention centre officials have rejected Xu Yan's requests to visit him, on the pretext of COVID-19 regulations. Xu Yan has requested the authorities to; allow family visitation as soon as possible, transfer him back to Beijing where she and their child live, and guarantee him access to adequate treatment for medical conditions affecting his right hand and his teeth.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Lawyer
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Dec 10, 2020
- Event Description
On the celebration of Human Rights Day on Thursday, December 10, the Philippine National Police (PNP) launched a string of operations which led to the arrest of a journalist and 6 trade unionists over firearms and explosives possession charges that are believed by rights groups to be fabricated.
The operations were led by the Criminal Investigation and Detection Group (CIDG) – the police unit tasked to handle high-profile and special cases – which acquired 5 search warrants for 4 different homes in Metro Manila. The search warrants were all signed by Judge Cecilyn Burgos-Villavert, Executive Judge of the Regional Trial Court Branch 89 in Quezon City.
By Thursday afternoon, the following were arrested by the CIDG:
Journalist Lady Ann Salem Unionist Dennise Velasco Unionist Mark Ryan Cruz Unionist Romina Raiselle Astudillo Unionist Jaymie Gregorio Unionist Joel Demate Unionist Rodrigo Esparago
They were all arrested over illegal possession of firearms and explosives – the usual charges against activists.
Salem is a recognized progressive journalist working as an editor of the online news site Manila Today. Her publication was earlier red-tagged by the controversial National Task Force to End Local Communist Armed Conflict (NTF-ELCAC).
In a statement, rights group Karapatan condemned the arrests as a "mockery" of the celebration of Human Rights Day. "The fact they were staged today, on the very occasion of International Human Rights Day, sends a loud message: this fascist regime will stop at nothing to bare its fangs against activists, human rights defenders, trade unionists, journalists, and critics as it ramps up its crackdown on dissent in the most brazen of ways," rights group Karapatan said in a statement, condemning the arrests.
- Impact of Event
- 7
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- Labour rights defender, Media Worker, WHRD
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Dec 8, 2020
- Event Description
Hong Kong police on Tuesday arrested eight activists in connection with a July protest, the latest in a widening crackdown on dissent in the semi-autonomous Chinese territory.
Local media reported that those arrested included former legislators Wu Chi-wei, Eddie Chu and “Longhair” Leung Kwok-hung, along with Civil Human Rights Front’s (CHRF's) Figo Chan, among others.
The police accused them of “inciting, organizing and taking part in an unauthorized assembly,” referring to the July 1 demonstrations in which thousands defied a protest ban and rallied on the streets against the national security law imposed on the city by Beijing the day before.
Speaking to reporters after he was released on bail, Figo of the pro-democracy CHRF said Hong Kong authorities are oppressing dissidents by filing unreasonable charges.
“I strongly condemn the Hong Kong government for continuously suppressing Hong Kong citizens,” he said.
Since pro-democracy protests erupted in Hong Kong in 2019, the city’s police force has been at the forefront of Beijing’s efforts to eliminate the demonstrations.
According to a survey published by Hong Kong Public Opinion Research Institute on Tuesday, the police now rank last in public approval among Hong Kong's "disciplinary forces," which include first responders, correctional officers, People's Liberation Army Hong Kong Garrison troops, anti-corruption investigators, and customs and immigration officials.
“The Police Force attains a rating of 40.3 marks, with 34% of the sample giving zero mark and continues to be the lowest among the nine disciplinary forces,” the organization said.
Chan Ka Lok, an associate professor and director of the Comparative Governance and Public Policy Research Center at Hong Kong Baptist University, said the low ratings were due to police abuse of power, and the force’s unwillingness to establish an independent investigation committee to assess police performance in handling the pro-democracy movement since 2019.
Tuesday’s arrests were carried out hours after the United States sanctioned another 14 Chinese officials over China’s move last month to expel four pro-democracy lawmakers from Hong Kong’s legislature. When asked whether there is any correlation, Chan told VOA that “the police's approach is a replay of ‘hostage diplomacy’ in the Cold War era.”
Since Monday, more than a dozen Hong Kong citizens have been arrested for their roles in pro-democracy demonstrations. Chan said these arrests resemble the mass arrests often used by the Chinese police force in the mainland and will turn Hong Kong into a place ruled by fear.
New pro-Beijing party
Meanwhile, a group of mainland-born, pro-establishment executives working in Hong Kong have founded a new political party in a bid to influence local government policies.
The Bauhinia Party was founded in May by three powerful executives: Li Shan, a member of the Chinese People’s Political Consultative Conference (CPPCC) and director of Credit Suisse Group AG; Huang Qiuzhi, chairman of CMMB Vision Holdings Limited; and Chen Jianwen, chairman of Bonjour Holdings Limited. Li and Wong were born in mainland China and later became Hong Kong residents.
According the Hong Kong Companies Registry, a government department that registers local and foreign companies, the party seeks to “promote a democratic political system best suited to Hong Kong based on the rule of law and civil liberty with the realization of universal suffrage as guaranteed by the Basic Law, so as to safeguard Hong Kong’s long-term prosperity and stability.”
But Hong Kong commentator Stephen Shiu said the creation of the party shows Beijing is no longer satisfied with old pro-establishment forces and hopes a new party representing new immigrants from the mainland can help restrain “extremist forces” in the legislature.
Other analysts say that Beijing wants to put its own people into Hong Kong’s political arena.
They argue that to Beijing, even its closest ally, the New People’s Party, is still seen as a local party rather than one formed by its own people.
- Impact of Event
- 8
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Dec 7, 2020
- Event Description
Members of the We Volunteer network arrived at Uruphong Intersection at about 9.30pm and started to remove the barricades, which were reportedly laid out by the authorities on Nov. 25 to deter demonstrations in the area.
Their cleanup operation was only announced just an hour before the gathering. Piyarat said several pedestrians were already injured by the razor wires.
A company of police officers soon arrived and surrounded the volunteers. A brief confrontation ensued, and police eventually arrested 19 people at the scene. They were taken to Phayathai Police Station where they were charged with illegal assembly and resisting arrests.
Police spokesman Kissana Phathanacharoen said the arrests were made after the protesters refused to comply with instructions from the law enforcement.
“They have no power to uninstall police’s equipment,” Col. Kissana said. “We had asked them to disperse, but they didn’t follow orders.”
Piyarat said police told him they did not try to remove the razor wires by themselves because the equipment actually belonged to the army.
He said his group will continue to remove other crowd control obstacles abandoned by the authorities across Bangkok; the activist did not disclose details about their next target.
“We will notify local police next time,” Piyarat said.
- Impact of Event
- 19
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Thailand
- Initial Date
- Dec 3, 2020
- Event Description
The Constitutional Court has sought prosecution against student protest leader Parit "Penguin" Chiwarak on a charge of contempt of court over statements he made on Facebook following the court's ruling on Prime Minister Prayut Chan-o-cha's army house residency this week.
All nine Constitutional Court judges on Wednesday found Gen Prayut not guilty of occupying the army residence after he retired from the armed forces.
The issue was brought to the court by the opposition. They had argued that Gen Prayut committed "conflict of interest" for staying in the residence as premier.
Pol Cpl Montri Daengsri, director of the Constitutional Court's litigation office, filed the charge against Mr Parit with the Technology Crime Suppression Division on Thursday over the Facebook posts.
He said the messages Mr Parit posted were defamatory to the court and had tarnished its reputation.
The house is located at the 1st Infantry Regiment residential area on Phahon Yothin Road in Bangkok.
Pol Cpl Montri said Mr Parit also gave an offensive speech at the anti-government rally at the Lat Phrao intersection after the ruling was delivered by the court.
Mr Parit's speech at the rally was also defamatory in nature and violated the Criminal Code, according to the director.
Police investigators were looking to see what charges would be pressed against Mr Parit, Pol Cpl Montri said.
Also, the litigation office was looking into a stage play allegedly poking fun at the court over its ruling at the rally site.
Pol Maj Gen Piya Tawichai, deputy chief of the Metropolitan Police Bureau, said police were reviewing an allegation of verbal abuse aimed at the court judges by protesters at the rally. The protesters burned the judges' effigies.
Leading protest figure Arnon Nampa has urged all protesters to share responsibility of whatever problems that may arise as a result of recent anti-government demonstrations.
The court in its ruling said Gen Prayut did not violate the constitution by occupying the army house because he did not receive any special benefits.
In Thailand, junior army personnel occupy Ban Sawadikarn, or welfare houses, while senior officers occupy Ban Rubrong, or reception houses.
Tenants of welfare houses are required to pay for their utility bills while those who live in reception houses -- which include retirees -- do not pay for household expenses. The tab is picked up by the army.
The army said Gen Prayut occupies a reception house, so does not have to pay utility bills.
The issue over the premier's army house is not yet over with an MP on Thursday seeking to pursue the matter in parliament.
Ruangkrai Leekitwattana, a former member of the dissolved Thai Raksa Chart Party, on Thursday filed a petition against Gen Prayut with the House standing committee on corruption.
Mr Ruangkrai is asking the committee to probe the premier to see if he has benefited from staying in the house.
He said Gen Prayut should be deemed as a beneficiary of the tenancy because the premier does not pay his own utility bills.
In other news, activists on Thursday rallied at the Cambodian embassy in Bangkok to mark the sixth month anniversary of the disappearance of government critic Wanchalearm Satsaksit who was living in exile in Phnom Penh earlier this year.
They submitted a list of 14,157 people who want Cambodian authorities to ensure a transparent investigation into the matter.
Clad in similar Hawaiian shirts often worn by Mr Wanchalearm, they urged people to use #6MonthsOnWeShallNotForget on social media to discuss the issue further.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to Protest
- HRD
- Pro-democracy defender, Student
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Active
- Country
- China
- Initial Date
- Dec 3, 2020
- Event Description
Hong Kong media tycoon and pro-democracy advocate Jimmy Lai has been arrested and charged with fraud.
The 73-year-old Lai appeared in a Hong Kong courtroom Thursday along with two other executives of his Next Digital company and was accused of violating terms of the company’s lease of its office space. He was denied bail and his case has been adjourned until next April.
Lai was arrested at his home in August and charged with suspicion of colluding with a foreign country under the city’s new national security law imposed by China. Hours after his arrest, more than 100 police officers raided the headquarters of Lai’s Next Digital company, which publishes the newspaper Apple Daily. The newspaper livestreamed the raid on its website, showing officers roaming the newsroom as they rummaged through reporters’ files, while Lai was led through the newsroom in handcuffs.
He was one of at least 10 people arrested that day, including at least one of Lai’s sons.
Lai is already in legal jeopardy for his pro-democracy activism. He was one of 15 activists arrested earlier this year and hit with seven charges, including organizing and participating in unauthorized assemblies and inciting others to take part in an unauthorized assembly.
Lai’s arrest Thursday comes a day after three young Hong Kong pro-democracy activists -- 24-year-old Joshua Wong, 23-year-old Agnes Chow and 26-year-old Ivan Lam -- received jail sentences between seven and 13 1/2 months in connection with a protest outside the city’s police headquarters in June 2019.
Lai is one of the highest-profile Hong Kongers targeted by the new security law since it went into effect in July. Under the law, anyone in Hong Kong believed to be carrying out terrorism, separatism, subversion of state power or collusion with foreign forces could be tried and face life in prison if convicted.
The new law was imposed by Beijing in response to the massive and often violent pro-democracy demonstrations that engulfed the financial hub in the last half of last year, and is the cornerstone of its increasing grip on the city, which was granted an unusual amount of freedoms when Britain handed over control in 1997.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Dec 3, 2020
- Event Description
Authorities in the central province of Hunan have detained a prominent rights activist after he helped to publicize the story of Dong Yaoqiong, a woman sent to a psychiatric hospital for splashing ink on a poster of ruling Chinese Communist Party (CCP) leader Xi Jinping in a Twitter livestream.
Ou Biaofeng was taken away from his home in Hunan's Zhuzhou city by officers of the Lusong district police department on Dec. 3, who held him under administrative detention for 15 days for "picking quarrels and stirring up trouble."
"Four state security police came to our home without prior notice and took him away," his wife Wei Xinxin told RFA. "The fact that he was taken away so suddenly makes me quite worried, because it is a bit different from previous times."
Ou's friend Chen Siming said Ou's detention was linked to his public support for Dong.
"This is an open secret, and the police and state security police know that," Chen said.
"He was very concerned about [Dong's recent video] and has been in contact with Dong Yaoqiong on Twitter since then," he said.
Following her release from the psychiatric hospital, Dong posted a video on Twitter on Nov. 30 saying angrily that she had no mental illness and complaining of being held under long-term surveillance after her release.
Chen said the authorities likely blame Ou for international news coverage of the video, which broke Dong's public silence following her release.
"[Ou Biaofeng] was the only channel of communication between Dong and the rest of the world," he said. "Dong would never have gotten that much publicity without him."
"She also mentions Ou Biaofeng in the video."
Chen said Ou also has a track record of speaking out on human rights issues, and had been warned by the state security police that he risked a jail term over the cumulative effect of his activities.
A Changsha-based friend of Ou's who gave only the nickname Rosemary said that Ou remained in detention at the end of the 15-day sentence, and that police have been questioning his friends and fellow activists since his detention, suggesting that they may be building a case against him.
"I know of three or four people [who have been questioned]," Rosemary said. "He was held under 15 days' administrative detention, but the stability maintenance system kicked into place in other provinces, across the whole country ... and people were warned not to follow the case or speak out in support of him."
"We are worried this 15-day administrative detention is just a pretext [ahead of a criminal case]," she said. "[Other activists] have also had their administrative detentions converted into criminal detention."
On Tuesday, defense lawyer Zhang Lei was denied permission to meet with Ou, who is being held at the Zhuzhou Detention Center.
"When I was in detention, my friends could meet with me twice a week," Chen, who accompanied the lawyer, told RFA. "Now the detention center is saying that all meetings are suspended due to the pandemic."
"Not even lawyers are being allowed to meet with detainees," he said. "I am pretty worried, given what just happened."
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Nov 26, 2020
- Event Description
Several unions have called for protest rally against farm laws on Nov. 26, 27
Around two dozen farmer leaders were taken into preventive custody by the Haryana Police on Tuesday early morning in raids across the State, ahead of the farmers groups’ two-day call for “Dilli Chalo” on November 26 and 27 to protest against the farm laws. The arrests sparked off protests in many parts of the State with various farmers’ and workers’ unions condemning the action as “undemocratic”. Midnight clampdown
In a post-midnight clampdown in several districts, including Jhajjar, Hisar, Sirsa, Karnal and Bhiwani, police teams mounted raids at the houses of farmer leaders and took them in preventive custody. Jhajjar Superintendent of Police Rajesh Duggal told The Hindu that nine farmer leaders were arrested and sent to judicial custody.
Swaraj India national president Yogendra Yadav, in a press conference during the day, claimed that at least 31 farmer leaders were detained in raids across the State in the early hours. He said the farmers were committed to peaceful and disciplined demonstration against the farm laws, but the Haryana government seemed bent on creating anarchy by arresting the movement’s leadership. He said the government was nervous and resorting to crackdown to suppress the “historic movement”.
Mr. Yadav said farmers groups were committed to their call for “Dilli Chalo” and made an appeal to all citizens, citizen groups and political and democratic outfits to raise their voice against the crackdown.
More than 500 farmers groups across the country have given the call to march to Delhi on November 26 and 27 to hold a protest against the farm laws at Jantar Mantar. Mr. Yadav said that farmers from five States – Haryana, Punjab, Rajasthan, Uttar Pradesh and Uttarakhand – were scheduled to gather at five points on November 26 morning and march towards Delhi. “Four of these assembly points are in Haryana at Sampla, Panchgaon, Sector 12 Faridabad and Kundli border,” said Mr. Yadav. He added that delegations from 15 more States were expected to join the protest.
Later, angry protesters assembled at Rohtak’s Mansarovar park and took out a protest march to mini secretariat in protest against the arrests of the farmer leaders. Kisan Sabha vice president Inderjit Singh criticised the BJP-JJP alliance government.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of movement, Offline, Right to liberty and security, Right to Protest
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Nov 26, 2020
- Event Description
On 26 November 2020, the Linyi Municipal Public Security Bureau in Shandong province once again rejected the request of the lawyer of human rights defender Ding Jiaxi to meet his client. The Public Security Bureau said that, as Ding Jiaxi is facing national security charges, allowing him access to legal counsel would "impede the investigation" or result in the "leaking of State secrets".
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Pakistan
- Initial Date
- Nov 26, 2020
- Event Description
Activist Ammar Ali Jan on Friday narrowly escaped arrest from Lahore's Charing Cross, where he was attending a student protest.
The activist had left the protest venue along with his friends in a car which was followed by a police van. Jan's vehicle was stopped by law enforcement officials at Gulberg Main Boulevard, from where he was taken to a police check post.
Following negotiations with policemen, Jan and his friends were allowed to leave with the assurance that they would appear before the station house officer of the Civil Lines police station within two hours.
In a statement to Dawn, however, Jan said that his lawyer would appear on his behalf and the activist will approach the court for pre-arrest bail on Monday.
Jan's arrest orders were issued by the Lahore deputy commissioner on Thursday under Section 3 (power to arrest and detain suspected persons) of the Maintenance of Public Order Ordinance. According to the order, Jan was a "potential danger to public peace, law and order situation" and must be detained "in order to keep the law and order situation in the city". Under the charge, the activist would remain under arrest for 30 days.
"There is credible information that [Jan], along with his accomplices, will create law and order situation and cause harassment among the general public," the order read. Jan was the only person whose arrest orders were issued.
The Lahore-based academic was attending a protest, which was being held to highlight the issues being faced by students in Pakistan. Every year, students and activists come together to arrange a Student Solidarity March across the country, however, this year a protest was held due to Covid-19.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Academic
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Nov 25, 2020
- Event Description
Police have issued summonses for 12 core members of the Khana Ratsadon anti-establishment group, to acknowledge charges of lèse majesté, among others, for their leading roles in protests demanding sweeping reform of the Thai Monarchy.
The police’s decision to invoke the infamous Section 112 of Thailand’s Criminal Code comes ahead of a mass protest today, organized by the Khana Ratsadon group and others, expected to take place at the Crown Property Bureau.
The 12 Khana Ratsadon leaders facing charges are:
Parit “Penguin” Chivarak – eight cases pending Panasaya “Rung” Sitthijirawattanakul – six cases pending Panupong Jardnok or Mike Rayong – four cases pending Anon Nampa – four cases pending Passaravalee “Mind” Thanakitvibulphol – three cases pending Chanin Wongsri – two cases pending Chuthatip Sirikhan – one case pending Tadthep Ruangprapaikitseri – one case pending Atthaphol Buapat – one case pending Chukiat Saengwong – one case pending Sombat Thongyoi – one case pending Piyarat Chongthep – one case pending
It is reported that police in several districts have sought arrest warrants, but the courts have rejected their requests on the grounds that these protest leaders are public figures and are of fixed abode. The court recommended that the police issue summonses instead.
Parit said, in his Facebook post, that he received the summons, on two charges, at his residence last night, namely lèse majesté and violation of the Computer Crime Act, adding that he is not worried about the charges “because the ceiling has already been broken.”
He also posted a notification of change of venue for today’s protest muster point, from the Democracy Monument to the head office of the Siam Commercial Bank.
In her Facebook post today, Panasaya said police came to find her last night at her university. She told the police to show her the summons and not to come looking for her at night.
The SCB head office is closed today, ahead of the arrival of protesters, as police erect barriers to prevent protesters from getting near the bank on Ratchayothin Road. Additional CCTV cameras were also installed around the bank.
Throughout last night, authorities placed cement and plastic barriers on roads around the Crown Property Bureau. Thousands of police have been deployed around the bureau to maintain law and order.
- Impact of Event
- 11
- Gender of HRD
- Man, Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to Protest
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Singapore
- Initial Date
- Nov 24, 2020
- Event Description
Civil rights activist Jolovan Wham Kwok Han was charged in a district court yesterday with two offences under the Public Order Act.
The 40-year-old Singaporean, who is the former executive director of migrant worker advocacy group Humanitarian Organisation for Migration Economics, had allegedly taken part in an assembly at the steps to the main entrance of the former State Courts building in Havelock Square around 9am on Dec 13, 2018.
He is said to have demonstrated support for the action of Xu Yuanchen, better known as Terry Xu, 38, the editor of sociopolitical website The Online Citizen (TOC), and TOC contributor Daniel De Costa Augustin, 37, by holding up a piece of paper with the words - "Drop the charges against Terry Xu and Daniel De Costa".
According to court documents, Wham had a photograph taken of himself demonstrating around the same time the pair were to be charged in court that day.
Xu and De Costa were both charged on Dec 13, 2018, with criminal defamation for allegedly defaming members of the Singapore Cabinet in a letter published on the TOC website. Their cases are still pending.
In the other charge, Wham is accused of taking part in a public assembly without a permit in the vicinity of Toa Payoh Central Community Club and Toa Payoh Neighbourhood Police Centre.
Around 1pm on March 28 this year, he is said to have held up a piece of cardboard with a smiley face drawn on it.
Court documents state it was to demonstrate his support for Nguyen Nhat Minh, who is said to have a similar snapshot captured at the same location on March 22.
In the photo, Minh allegedly held up a piece of cardboard with the words - "SG is better than oil@Fridays4futuresg".
There was no mention of Minh's case in court documents seen by The Straits Times.
With the two cases, Wham is facing seven charges in all. "Among others, he was charged in 2017 with organising a public assembly without a permit on MRT trains... He allegedly did so to commemorate the 30th anniversary of Operation Spectrum - an internal security operation that saw 22 activists arrested in 1987 in what the Government called a Marxist plot aimed at overthrowing it."
Among others, he was charged in 2017 with organising a public assembly without a permit on MRT trains along the North-South Line on June 3 that year.
He allegedly did so to commemorate the 30th anniversary of Operation Spectrum - an internal security operation that saw 22 activists arrested in 1987 in what the Government called a Marxist plot aimed at overthrowing it.
Wham's bail was set at $15,000 yesterday and his pre-trial conference will be held on Friday.
For taking part in a public assembly without a permit, an offender can be fined up to $5,000.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of expression Offline, Online, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Nov 23, 2020
- Event Description
Democracy activists Joshua Wong, Agnes Chow, and Ivan Lam on Monday pleaded guilty to public order charges in a Hong Kong court hearing, before being held in police custody pending a sentencing hearing scheduled for Dec. 2.
Wong, 24, admitted organizing an illegal assembly, while Chow pleaded guilty to taking part in an illegal assembly, while all three pleaded guilty to inciting people to attend an illegal gathering, charges which carry maximum jail terms of three years.
"Hang in there, everyone, keep going!" Wong told the court, before being taken away by correctional service officers.
Lam raised his hand, palm and fingers splayed to signify the five demands of last year's protest movement, while Chow made no response to the decision to hold the three in custody pending sentencing.
Dozens of supporters chanted "Release Joshua Wong! Release Agnes Chow! Release Ivan Lam" outside the court building, as well as repeating the five demands of the protest movement, which include fully democratic elections and accountability for widespread police violence.
The three were formerly leaders of the political party Demosisto, which disbanded just before the ruling Chinese Communist Party imposed a draconian national security law on Hong Kong on July 1, banning peaceful criticism of the authorities.
Wong had earlier told reporters that he wouldn't be surprised if the three were placed behind bars following the hearing at West Kowloon Magistrate's Court.
He said 23 activists, journalist, and democratic politicians had been arrested as the crackdown on peaceful dissent gathered pace.
Many arrests and raids have come after their targets were denounced in the pro-China media or by Chinese officials.
Defense lawyers called on the court to take into account the youth of the defendants and the fact that Chow, who, unlike Wong and Lam has never served time in jail before, had no prior convictions.
Magistrate Lily Wong said she would rule out a community service sentence for Lam due to his previous convictions.
Expected to be jailed
Joshua Wong, who was out on bail before the hearing, had earlier told reporters the trio had decided to plead guilty to avoid interrogation and investigation.
"But it also means that the three of us could be remanded in custody immediately," he said, calling on Hongkongers to support each other.
"We will want to call on the people of Hong Kong at this difficult time of white terror and persecution under the national security law ... to support each other through this low point in the pro-democracy movement," he said.
Chow said she felt "uneasy" at the thought of going to jail for the first time.
"It's entirely likely that I may be in jail for the first time in my life, and I have a lot of anxiety about what the future will bring," she said.
"But never forget that there are brothers, sisters, and friends who have suffered far worse than us," she said, calling for greater public pressure on China over the 12 Hongkongers currently detained by Chinese police after trying to flee to democratic Taiwan by speedboat.
Lam said he had made mental preparation for being remanded in police custody pending sentencing.
"Our case ... shows that the legitimacy of the Hong Kong police force has been blown to smithereens," Lam said. "Was the siege of police headquarters a crime, or was it necessary to achieve justice and fight for democracy?"
"I believe that the people of Hong Kong know the answer to that already," he said. "We have no regrets, and we will keep up the struggle."
The case against Wong relied on public comments he made on June 21, 2019, ahead of a mass protest over police violence that resulted in the siege of police headquarters in Wanchai, as well as a message on his phone detailing the timing and arrangements for the protest.
On the day in question, crowds of mostly young people wearing black converged on immigration and tax headquarters in Wanchai, sparking temporary shutdowns of the offices, before gathering in their thousands outside police headquarters to call for the release of those already arrested, and to demand an apology for police violence against unarmed protesters the previous week.
Some activists barricaded a vehicle gate in the barbed-wire wall of the fortress-like compound, prevented police vans from getting in or out, and taped up CCTV cameras to avoid being identified. Others blocked nearby highways with makeshift walls, cones, and traffic barriers, taking over several major traffic routes.
Police in uniform lined up inside the glass atrium of their own headquarters, with officers watching warily as the crowd chanted "Release them! Release them!" and "Apologize! Apologize!" on the street outside, where someone had taped a large poster to the building that read "Struggle to the bitter end."
The crowd also chanted: "Retract the designation of rioting! Stop arresting citizens!"
London-based rights group Amnesty International had earlier condemned police violence during protests on June 12 as violating international law, after evaluating video footage of the clashes.
Wong joined the June 21 protest just three days after his release from an earlier jail sentence related to the 2014 Occupy Central pro-democracy movement.
'Poisoned judicial system'
The U.S.-based Hong Kong Hong Kong Democracy Council (HKDC) condemned the decision to remand Wong, Chow, and Lam in custody pending sentencing.
“We condemn Magistrate Lily Wong’s decision today to jail Wong, Chow, and Lam while awaiting sentencing for exercising their rights to protest," the group's managing director Samuel Chu said in a statement.
"Make no mistake, when they pled guilty in court today, it was not a judgment on them, but rather a judgment against a poisoned Hong Kong judiciary system no longer independent or capable of rendering justice," Chu said.
Since the beginning of November, Hong Kong authorities have arrested a public radio show producer, pro-democracy lawmakers, a primary school teacher, owners of small businesses who have expressed support for the protest, [among others], the HKDC said, calling for the trio to be released immediately.
"We cannot remain silent or surrender to the terror," it said.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Nov 23, 2020
- Event Description
Prosecutors claimed Ressa's tweeting of a Philstar.com story published in 2002 was malicious. The news group, saying it was threatened with legal action, took down the article the same day Ressa tweeted the screenshot.
This is uncharted territory for the new Philippine cybercrime law. Ressa filed a motion to quash on Wednesday, December 2, citing a Supreme Court decision that says aiding and abetting a cyber crime is not a crime in itself. In this context, it refers to tweeting screenshots of a supposedly libelous article.
The complaint was filed in February 2020 in Makati by businessman Wilfredo Keng, whose earlier suit in Manila got Ressa and former researcher Reynaldo Santos Jr convicted of cyber libel in June this year. The conviction is on appeal at the Court of Appeals (CA).
In charging Ressa before a Makati court on November 23, Makati prosecutors said that the journalist's tweeting of screenshots was not a mere act of sharing – an act, which the Supreme Court ruled, could not be described as criminal because it constitutes knee-jerk internet reaction.
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"Obviously, the foregoing cannot be considered a knee-jerk reaction on the part of respondent, hence, she should be liable for the consequences of her Twitter post," said the resolution signed by Senior Assistant City Prosecutor Mark Anthony Nuguit, and approved by Senior Assistant City Prosecutors Aris Saldua-Manguera and Roberto Lao.
The motion to quash prepared by Ressa's lawyer Ted Te of the Free Legal Assistance Group (FLAG), said: "(Ressa) is not the author of the defamatory PhilStar.com article, she cannot be made liable for sharing or RT’ing the content under Section 4(c)(4) (online libel)."
Ressa posted bail on Friday, November 27, before Makati City Regional Trial Court (RTC) Branch 147 Judge Maria Amifaith S. Fider-Reyes, who issued the arrest warrant that same day and set bail at P24,000. This is Ressa's 9th arrest warrant for what she claims are "politically motivated charges" meant to intimidate her. PhilStar takes down its story
The case stemmed from a tweet that Ressa posted on February 16, 2019, three days after the journalist was arrested for the Manila case.
Ressa tweeted screenshots of an August 12, 2002 Philstar.com article linking Keng to an alleged murder. On the same day in February 2019, Philstar.com issued a statement that said it had removed the 2002 news story from its site because, according to the news organization, Keng had raised "the possibility of legal action" against the company.
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Ressa had argued to prosecutors that when the Supreme Court upheld the Cybercrime Law, it declared unconstitutional the provision that punishes the aiding and abetting of a cybercrime which, in this context, means sharing a supposedly libelous post.
"Except for the original author of the assailed statement, the rest (those who pressed Like, Comment and Share) are essentially knee-jerk sentiments of readers who may think little or haphazardly of their response to the original posting," the Supreme Court had said.
"Its vagueness raises apprehension on the part of internet users because of its obvious chilling effect on the freedom of expression, especially since the crime of aiding or abetting ensnares all the actors in the cyberspace front in a fuzzy way," the Supreme Court added.
Posting of screenshots of deleted articles and posts have been a habit of gutsy Filipino social media users as a way of protesting revisionism, for example. Not a mere share
In Ressa's case, Makati prosecutors said the journalist's posting of the screenshot "involved a series of physical acts and mental or decision-making processes," citing as example the effort to search for the deleted article, screenshot it, post it on Twitter and make a caption.
"(The Supreme Court) opined that online libel (is not applicable) to others who merely pressed like, comment and share because these are essentially knee-jerk sentiments of readers who may think little or haphazardly of their response to the original posting. In this instant complaint, respondent did not merely press the share button," said the prosecutors.
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Ressa's motion to quash argued that the only content that the journalist should be accountable for is the accompanying caption of the screenshots, which was: “Here’s the 2002 article on the ‘private businessman’ who filed the cyberlibel case, which was thrown out by the NBI then revived by the DOJ. #HoldTheLine”
"By any reasonable and unbiased reading, the sentence is not defamatory—read singly, none of the words are; read together, the sentence is not. The sentence is correct, true, and factual," said the motion.
Before filing the complaint, Keng demanded in November 2019 that Ressa delete the tweet and make a public apology "otherwise we shall be constrained to file a complaint for cyber libel against you."
Ressa had said she will never delete the tweet, reasoning, "Imagine if I said, 'Well, this a really, really small thing and maybe I'll just step back just a little bit,' and then I step back a thousand times and a million times, then I've just lost all my rights."
Ressa faces 7 other charges before the Court of Tax Appeals and the Pasig City Regional Trial Court, stemming from the mother case over the company's Philippine Depositary Receipts (PDRs), which the Court of Appeals (CA) has ruled to be already cured.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Active
- Country
- Thailand
- Initial Date
- Nov 23, 2020
- Event Description
Parit ‘Penguin’ Chiwarak, a student activist who has been advocating monarchy reform, has received a police summons for violating Section 112 of the Criminal Code and the Computer Crime Act. A list from a police source shows charges against 11 more activists are expected to follow.
Parit posted a photo of the summons which he received at his home on 24 November. The issue date is 23 November 2020 and the name of the plaintiff is Sudhep Silpa-ngam. The offence is not specified. The summons orders Parit to hear the charge at the Technology Crime Suppression Division on 1 December 2020.
As of 25 November, Parit has recieved 2 more summons from his speech at the protests on 19-20 September and 14 November. The former protest charge is to be heard at the police station and the latter one is the sedition law violation.
Parit’s Facebook post shows that he is not worried.
“To whoever is the mastermind in enforcing this Section. I want to tell you here that I am not in the least afraid.
“The ceiling has broken. There will be nothing able to cover us anymore.”
According to Matichon, Royal Thai Police Headquarters report that investigation officers in many areas have issued summonses to 12 leading figures of the current pro-democracy protesters for violating Section 112 of the Criminal Code:
Parit ‘Penguin’ Chiwarak Panussaya ‘Rung’ Sitthijirawattanakul Panupong ‘Mike’ Jadnok Anon Nampa Patsaravalee ‘Mind’ Tanakitvibulpon Chanin Wongsri Jutatip ‘Ua’ Sirikhan Piyarat ‘Toto’ Chongthep Tattep ‘Ford’ Ruangprapaikitseree Atthapol ‘Khru Yai’ Buapat Chukiat Saengwong Sombat Thongyoi
The reactivation of the lèse majesté law came after Prime Minister Gen Prayut Chan-o-cha announced that every law would be used against the pro-democracy protesters after the protest in front of the Royal Thai Police HQ on 18 November.
According to the Thai Lawyers for Human Rights, the lèse majesté law has not been brought to the court since 2018. Lèse majesté charges have been replaced with charges for sedition (Section 116) and under the Computer Crime Act. This comes after new procedures were introduced requiring the lèse majesté charges to receive prior vetting, unlike in the past where effectively anyone could file a complaint.
The lèse majesté law carries prison terms of 3-15 years for those found guilty of defaming, insulting, or threatening the King, the Queen, the Heir to the throne, or the Regent.
The charges have been brought as the protesters planned to protest again on 25 November at the Crown Property Bureau (CPB). The area around the CPB was later reinforced with razor wire and surrounding roads were blocked by shipping containers. Around 6,000 police officers were deployed to secure the area.
Despite a coup denial from Gen Narongpan Jitkaewthae, the Royal Thai Army Commander-in-Chief, there have been reports that military forces are being mobilized in a suspicious way in connection with the CPB protest.
On 24 November, Khaosod English livestream found people sitting around the perimeter of the CPB in private clothes but with military or police haircuts. They refused to be interviewed at all. At 22.00 on the same day, 4 military vehicles were spotted at Mahanakhon intersection, carrying people in private clothes and with police/military haircuts.
The protesters then announced a change of the protest site to the Siam Commercial Bank (SCB) main office at Ratchayothin. SCB's main stakeholder is King Vajiralongkorn. The stocks were transferred from the CPB, the organization that controlled royal assets on behalf of monarchy, to His Majesty’s personal property along with many other assets in 2018 due to the changes enacted in the Crown Property Act.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to Protest
- HRD
- Pro-democracy defender, Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Nov 21, 2020
- Event Description
Wan Yiu-sing, an internet radio reporter and his wife were arrested this morning on suspicion of money laundering and financing of secessionist activities. The news was reported by the couple's lawyer and a note on Wan's Facebook page, familiarly called "Giggs". His secretary was also arrested for money laundering.
"Giggs" (in the photo) hosts a program on the D100 channel, in which he often addressed issues related to last year’s pro-democracy demonstrations. In February he also opened a fundraiser to help young people from Hong Kong who go to Taiwan to study.
Police believe this money is used to finance young people who fled Hong Kong because they are involved in secession activities, punishable under the new security law, wanted by Beijing for the territory. The law prohibits and punishes acts and activities of secession, subversion, terrorism and collaboration with foreign forces that endanger national security.
According to the special national security police, those arrested used part of these funds to send them to organizations engaged in secessionist activities.
Requested by various media to give more details, political commissioner Chris Tang said he could not reveal more details, given that the investigation is still ongoing.
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Family of HRD, Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Kyrgyzstan
- Initial Date
- Nov 21, 2020
- Event Description
Kyrgyz authorities have increased scrutiny of trade union leaders, including through criminal investigations, and are unduly interfering in legitimate trade union activities in the country, Human Rights Watch said this week. On November 21, the office of the prime minister barred the country’s main trade union body, the Federation of Trade Unions of Kyrgyzstan, from holding its annual congress, when elections for the position of chairperson were planned. “Kyrgyzstan’s leadership should respect the right of trade unions to associate and organize freely, not meddle in internal trade union activities and processes,” said Syinat Sultanalieva, Central Asia researcher at Human Rights Watch. “They should allow the Federation of Trade Unions of Kyrgyzstan to organise their congress without any further government interference or delay.”
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Administrative Harassment, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline
- HRD
- Labour rights defender
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Nov 20, 2020
- Event Description
A well-known music industry executive has filed a lese majeste complaint against Panusaya “Rung” Sithijirawattanakul, a co-leader of the People’s Movement.
Nitipong Hornak, a prolific songwriter, founder and major shareholder of Grammy Entertainment, filed the complaint with the police Technology Crime Suppression Division on Friday afternoon, according to the Facebook page of the centre for legal aid for online bullying victims.
It was not known which incident Mr Nitipong cited in his accusation. But Ms Panusaya was the first person to publicly read out the 10-point manifesto of a Thammasat University group calling for reform of the monarchy at the university in April.
Mr Nitipong’s move came a day after Prime Minister Prayut Chan-o-cha vowed to use all laws to maintain order amid almost daily protests by pro-democracy activists.
The prime minister admitted a day later that Section 112 of the Criminal Code would be no exception. In June, he had said that His Majesty the King had shown mercy and told him not to use the harsh law against people.
Each count of a lese majeste charge — insults, threats or defamation of leading royals — carries a term of 3-15 years in jail.
Other laws have been used in its place over the past few years. They are the Computer Crimes Act, which carries penalties from 5-10 years and/or fines from 20,000 to 100,000 baht, and the national security law (Section 116 of the Criminal Code) for charges such as sedition, which carries jail terms up to seven years.
Critics of Section 112 say it is disproportionate to the alleged crime, and that courts tend to broadly interpret the law. As well, since it carries a harsh penalty, the court traditionally does not allow bail for suspects.
Ms Panusaya and several of her colleagues in the youth-led movement spent several days in jail last month in connection with other charges related to their campaign, before being released on bail.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Pro-democracy defender, Student, WHRD
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Active
- Country
- China
- Initial Date
- Nov 20, 2020
- Event Description
Activist Zhou Weilin (周维林) went on trial on charges of “picking quarrels and provoking trouble” on November 20, 2020 in a closed-door hearing at Feidong County Court in Anhui Province. Guards blocked the entrance to the courthouse and lawyers Liang Xiaojun (梁小军) and Wu Li (吴莉) had to be escorted inside by the trial judge. The court refused to allow Zhou’s supporters inside to observe or testify in his defence. Zhou and his lawyers were allowed to speak during the trial. The hearing ended without a sentence being pronounced. The charges against Zhou are related to his comments on Twitter and for writing articles for the human rights website Rights Defence Network (维权网). Police initially detained Zhou on March 12, 2020 and he has been held at Feidong County Detention Center.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online, Right to fair trial
- HRD
- Blogger/ Social Media Activist, Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Related Events
- China: PWD and pro-democracy blogger faces unfair trial
- Country
- Thailand
- Initial Date
- Nov 20, 2020
- Event Description
A well-known music industry executive has filed a lese majeste complaint against Panusaya “Rung” Sithijirawattanakul, a co-leader of the People’s Movement.
Nitipong Hornak, a prolific songwriter, founder and major shareholder of Grammy Entertainment, filed the complaint with the police Technology Crime Suppression Division on Friday afternoon, according to the Facebook page of the centre for legal aid for online bullying victims.
It was not known which incident Mr Nitipong cited in his accusation. But Ms Panusaya was the first person to publicly read out the 10-point manifesto of a Thammasat University group calling for reform of the monarchy at the university in April.
Mr Nitipong’s move came a day after Prime Minister Prayut Chan-o-cha vowed to use all laws to maintain order amid almost daily protests by pro-democracy activists.
The prime minister admitted a day later that Section 112 of the Criminal Code would be no exception. In June, he had said that His Majesty the King had shown mercy and told him not to use the harsh law against people.
Each count of a lese majeste charge — insults, threats or defamation of leading royals — carries a term of 3-15 years in jail.
Other laws have been used in its place over the past few years. They are the Computer Crimes Act, which carries penalties from 5-10 years and/or fines from 20,000 to 100,000 baht, and the national security law (Section 116 of the Criminal Code) for charges such as sedition, which carries jail terms up to seven years.
Critics of Section 112 say it is disproportionate to the alleged crime, and that courts tend to broadly interpret the law. As well, since it carries a harsh penalty, the court traditionally does not allow bail for suspects.
Ms Panusaya and several of her colleagues in the youth-led movement spent several days in jail last month in connection with other charges related to their campaign, before being released on bail.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to Protest
- HRD
- Pro-democracy defender, Student, WHRD
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Active
- Country
- Thailand
- Initial Date
- Nov 19, 2020
- Event Description
A mild-mannered teenage girl with owl glasses, a bob haircut and daisies painted on her fingernails is not your typical school troublemaker.
But in the eyes of Thailand's ultra-conservative school system and the kingdom's justice system, Benjamaporn "Ploy" Nivas has been cast as a rebel for daring to express herself.
"Students should be able to think for themselves and be themselves," Ploy told AFP during a recent protest at Bangkok's Democracy Monument.
The 15-year-old high schooler is at the forefront of Thailand's "Bad Student" movement which is planning a major rally in Bangkok on Saturday. Ahead of the event, officers on Thursday issued her and two male students with a summons to report to a Bangkok police station for questioning.
Thai Lawyers for Human Rights say the trio brings the tally of juveniles facing prosecution over protest activities in Thailand to four -- while overall 175 protesters have been charged with sedition or public assembly offences.
Bad Students Facebok page on Friday posted this message:
"Urgent! Ploy Benjamaporn, a Mathayom Suksa 4 student, and Min Lopnaphat, a Mathayom Suksa 6 student, received police summons for violating the emergency decree. This is intimidation by the state against youths aged below 18. Is the country called land of compromise as said? Should every group move one step back as said?"
Two police summons issued on Nov 17 asked Benamaporn "Ploy" Nivas, and Lopnaphat "Min" Wangsit to report to Lumpini police on Nov 30 on charges of violating the emergency decree. Their parents or trusted people and lawyers could accompany the students.
Thai media reported that the summons might be issued for their roles in the rally on Oct 15 at Ratchaprasong intersection. The two students made rally speeches there.
Media quoted the Thai Lawyers for Human Rights Centre as saying that Ploy was the fourth case of people under 18 facing charges relating to political gatherings.
Thai schools have very strict dress standards, with ponytails and ribbons mandated for girls and military-style crew cuts for boys. But after years of having rules drummed into them, Ploy and her fellow high school activists have gone rogue, emboldened by the broader political protest movement currently sweeping Thailand.
The students want cultural change, a curriculum overhaul, equality and a relaxation of rigid rules.
"We are brainwashed... as students we are taught not to ask questions, but to study and memorise facts for exams," she said.
History textbooks are a particular bone of contention in a country which has seen a dozen coups since becoming a democracy in 1932. School books gloss over events such as the massacre of pro-democracy university students in the 1970s, and instead focus on promoting the work of the monarchy.
The campaign has had a mixed reaction from her teachers."If my teachers are on same side with me, the democracy side, they will admire me -- but if they want (the status quo) those teachers hate me," Ploy said.
- Defying dangers -
Youth-led pro-democracy demonstrations have rocked Thailand since July, and have for the most part been peaceful. But at a rally on Tuesday police used water cannons and teargas on activists, and six people suffered gunshot wounds.
Despite the dangers, Ploy insists protesting is her duty. "We cannot afford to be afraid of anything, otherwise we cannot change anything," she said.
Since August, the Bad Student movement has campaigned for the resignation of Education Minister Nataphol Teepsuwan and even staged a mock funeral for him.
There have long been calls to reform the kingdom's schools but progress has been piecemeal, Pumsaran Tongliemnak, an expert at the state-backed Equitable Education Fund, said.
The government needs to shift its focus from granting access to education to improving its quality, he told AFP, particularly for those who cannot afford expensive private schools.
"The gap between the haves and the have-nots is quite high," Pumsaran said.
In international assessments, Thai students score lower than the OECD average in maths and science.They perform particularly badly in reading, and a World Bank report in 2015 noted widespread "functional illiteracy" among students across all types of Thai schools.
The report said problems included chronic teacher shortages, too many under-resourced small schools, and a focus on rote learning.
Corporal punishment is still practised regularly in schools, despite government efforts to ban it.
Teenage girls are the backbone of the Bad Student movement, which Ploy attributes to growing frustrations over the lack of gender equality in Thailand.
"I think that girls and LGBTQ people are suppressed by the patriarchy both at home and at school. This has made me come out to fight for myself and for everyone," she said.
- 'Schools are dictatorships' -
At an early October rally outside a high school in central Bangkok, scores of mostly female students tied white ribbons on the gate. They covered the student identification numbers embroidered on their uniforms with tape and shielded their faces from the media throng.
A young female student leader made an impassioned speech atop a truck outside the school, demanding respect from teachers instead of "preaching about rules".I
It is a sentiment that strikes a chord with Vegas, a 16-year-old transgender student forced to change schools because of discrimination and bullying.
Vegas, who declined to give their full name, said schools train students to fit in with Thailand's hierarchical society, rather than challenge or question it.
"Schools are like small dictatorships, with all their rules."
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to Protest
- HRD
- Pro-democracy defender, Student, WHRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Kazakhstan
- Initial Date
- Nov 19, 2020
- Event Description
A Kazakh court has upheld a decision to place a journalist and blogger accused of being involved in the activities of a banned organization in a psychiatric clinic.
The Nur-Sultan court of appeals announced its decision on November 19, meaning that Aigul Otepova will now be transferred from house arrest to a psychiatric clinic as ruled by a court last week. The initial ruling said Otepova must be placed in a psychiatric clinic for one month to check her mental sanity.
The 50-year-old journalist was put under house arrest on September 17 after she posted criticism on Facebook of the authorities' efforts to curb the coronavirus outbreak.
Earlier this week, her pretrial house arrest was extended until December 27.
Authorities have accused her of supporting the Democratic Choice of Kazakhstan (DVK) opposition movement, which has been labeled as an extremist group and banned in the country.
Otepova denies any connection with DVK, saying that she is an independent journalist and blogger who expresses her own views.
Otepova's daughter told RFE/RL that by placing her mother in a psychiatric clinic, the authorities were trying to silence her ahead of the parliamentary elections scheduled for January 10.
Amnesty International said in a statement on November 18 that Otepova was "a prisoner of conscience who is being prosecuted solely for the peaceful expression of her views." The rights group also demanded her immediate release.
"This case is alarmingly reminiscent of the way psychiatry was used in the 1960s and 1970s in the U.S.S.R. to imprison dissidents. The legacy of Soviet psychiatry continues to be felt across the region, and Amnesty International has intervened in a number of instances in Eastern Europe and Central Asia where people who criticize the regime or denounce injustice continue to be arbitrarily subjected to psychiatric diagnosis, forced hospitalization and involuntary treatment in psychiatric hospitals," the statement said.
Human rights groups have criticized the Kazakh government for years for persecuting independent and opposition journalists.
In 2018, a court in the southern city of Shymkent placed journalist and blogger Ardaq Ashim in a psychiatric clinic after she criticized the government in her articles.
After her release, Ashim left for Ukraine, where she currently resides.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment, Vilification
- Rights Concerned
- #COVID-19, Right to fair trial, Right to liberty and security
- HRD
- Blogger/ Social Media Activist, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Cambodia
- Initial Date
- Nov 18, 2020
- Event Description
Two community representatives from Koh Kong province have been placed under judicial supervision as hundreds of community members from Sre Ambel district gathered outside the Koh Kong Court of First Instance to call for the charges against their representatives to be dropped. Both women face up to two years in prison if found guilty.
Phav Nherng and Seng Lin had appeared before an investigating judge on charges of defamation and incitement to disturb social security. The women, who will now have to report monthly to district police, appear when summoned by court authorities and will not be able to move house without the court’s permission, represent almost two hundred families who have had hundreds of hectares of vital farmland seized by the Heng Huy Agriculture Group since 2008 to make way for a sugar plantation.
Both representatives were the target of a complaint launched by former community representative Chhay Vy. Vy’s brother, the late commune chief, was accused by the three women in 2019 of having seized land for himself during the unresolved land dispute. Another woman, Khorn Phun, had also been summoned for questioning over defamation charges. However, judicial supervision is not applicable for this charge.
Ten more community representatives have been put under judicial supervision in connection with the Heng Huy land dispute in the past two weeks alone.
Chhay Vy, a former representative of “Community 175,” a group of villagers in a land dispute with the Heng Huy sugar plantation, accused three residents of incitement and defamation over claims that she was working to sell the community’s land.
After a hearing on Wednesday morning, the Koh Kong Provincial Court placed two of the defendants under court supervision, prohibiting them from changing residences and requiring them to check in with district authorities once a month, according to a monitor at rights group Licadho.
About 200 protesters from six communities gathered outside the court for the hearing.
“She stole the land — I have both witnesses and evidence,” said Pao Nherng, from Sre Ambel district’s Chi Khor Krom commune.
A group of villagers filed a complaint about Vy to Interior Minister Sar Kheng last year.
Vy responded on Wednesday that she had not sold any community land, and demanded that her accusers present concrete evidence.
“If I do not see the evidence of what they have accused me of, I want them to pay me $20,000 and go to jail for five years,” Vy told VOD.
The three defendants in the case are Nherng, Sen Lin and Khon Phon. Nherng and Lin were placed under court supervision.
Licadho’s Koh Kong provincial coordinator, Hour In, said all three were questioned by judges on Wednesday.
“It is a threat to break the spirit of the people from protesting,” In said.
The court issued a statement saying that Wednesday’s case was unrelated to land disputes.
However, a separate case involving the same sugar plantation was heard at the court the previous day on Tuesday.
The case was brought by Heng Huy against 10 land disputants, five of whom were placed under court supervision on Tuesday. The five others were put under court supervision last week.
Dek Hour, one of the defendants, said the 10 were also accused of incitement and defamation.
The dispute between villagers and Heng Huy is long-standing, with villagers saying land encroachment started in 2007. Villagers were also summoned to court last year for incitement and defamation.
- Impact of Event
- 2
- Gender of HRD
- Woman
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment, Restrictions on Movement
- Rights Concerned
- Freedom of movement, Right to liberty and security
- HRD
- Community-based HRD, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Cambodia
- Initial Date
- Nov 11, 2020
- Event Description
The Phnom Penh Municipal Court convicted newspaper publisher Ros Sokhet and handed him an 18-month prison sentence on Wednesday, five months after he was arrested for Facebook posts criticizing Prime Minister Hun Sen.
Ros Sokhet, the publisher of the “Cheat Khmer” newspaper, was arrested on June 25 for critical Facebook posts about Prime Minister Hun Sen, accusing him of not helping people affected by indebtedness.
Sam Sokong, Ros Sokhet’s lawyer, said the newspaper publisher had been convicted for incitement and sentenced under Article 494 and 495 of the Cambodian Criminal Code. He was also asked to pay a $500 fine.
“He was sentenced for 18 months in prison and a fine of two million Riel,” Sam Sokong said.
Sam Sokong said Ros Sokhet had asked him to appeal the decision on the grounds that the Facebook posts were his personal opinions and that the conviction affected his freedom of expression.
According to rights groups, Ros Sokhet was arrested for two posts addressing Prime Minister Hun Sen’s succession plans and rising indebtedness among Cambodian households.
Ros Sokhet is the second journalist in the last month to be convicted for incitement, a vaguely-defined charge often used to target detractors and critics of Hun Sen and the Cambodian government. In October, Sovann Rithy, who founded social media news outlet TVFB, was convicted for incitement and given a suspended sentence under Article 494 and 495 of the Cambodian Criminal Code.
Sovann Rithy was arrested in early April and charged with incitement after he reported comments made by Hun Sen at a National Assembly press conference. The prime minister had said that informal workers, including motorcycle taxi drivers, should sell their vehicles to buy rice because the government could not help them during the COVID-19 economic downturn.
Shortly after, Sovann Rithy posted a photo of a motorcycle driver on Facebook, with the accompanying text: “If the moto-taxi driver is bankrupt, they can sell their moto because the government is unable to help.”
Radio station owner Sok Oudom, who runs Rithysen Radio News Station, was also tried last week for allegedly inciting villagers against the military, in a long-standing dispute in Kampong Chhnang province. Sok Oudom faces similar charges to Sovann Rithy and Ros Sokhet and his verdict is due on November 17.
Rights groups have criticized the Cambodian government for its frequent use of the incitement legal provision to curtail press freedom. Activists say these arrests and convictions send an ominous message to independent news outlets and reporters.
Ith Sothoeuth, media director at the Cambodian Center for Independent Media, said the recent conviction of two journalists sends a threatening message to journalists working on controversial stories.
“I think the sustained conviction of journalists can be a threatening signal to other journalists who are doing their work,” he said.
A statement released on the International Day to End Impunity for Crimes Against Journalists earlier this month called for an end to attacks on free expression and protection of journalists critical of the Cambodian government.
The statement, released by more than 50 local and international groups, listed at least 13 journalists who have faced court complaints for their news coverage and the revocation of four media licenses during the coronavirus pandemic for the alleged sharing of fake news.
“In the past years, the Cambodian government adopted a series of repressive laws that have enabled a crackdown on independent media and social media and resorted to provisions in the penal code – in particular articles 494 and 495 – to silence critical reporting and its reporters,” read the statement, referring to the criminal code provisions on incitement.
In an ongoing media crackdown that started after the 2017 commune election, independent newspaper The Cambodia Daily was closed for alleged tax violations and The Phnom Penh Post was sold to a Malaysian investor with links to Prime Minister Hun Sen. Also, two former Radio Free Asia reporters were charged with espionage and two former Cambodia Daily reporters are awaiting trial for alleged incitement over a 2017 election story.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Nov 10, 2020
- Event Description
Prosecutors in Vietnam have indicted three leaders of an independent journalist advocacy group for their writings critical of the one-party communist government, laying charges that could land the men in jail for two decades, RFA has learned.
Three leaders of the Independent Journalists Association of Vietnam (IJAVN) -- president Pham Chi Dung, vice president Nguyen Tuong Thuy, and editor Le Huu Minh Tuan – were charged Tuesday by the Ho Chi Minh City People’s Procuracy with making, storing and spreading information for the purpose of opposing the state.
If convicted of the charges in Article 117 of the Vietnamese Criminal Code, they could face between 10 and 20 years in prison.
Pham was arrested first in Nov. 2019, Nguyen this year in May, and Le in June. Another IJAVN member, independent journalist Pham Chi Thanh, was arrested in May 2020.
Defense attorney Nguyen Van Mieng told RFA Tuesday he met with Pham at the Ho Chi Minh City police detention camp and received the indictment from a procuracy representative named Dao Cong Lu.
“Mr. Dao Cong Lu asked Pham Chi Dung to sign to confirm that he received the indictment, but Pham wrote on it ‘I did not violate Vietnamese law,’ and then signed,” said Nguyen the defense lawyer.
“I also read the indictment… I told Pham Chi Dung that he was prosecuted under Article 117 and could be in jail from 10 to 20 years if he is found guilty. Mr. Pham told me that he did not sign any testimonies except for some, which he wrote that he did not violate Vietnamese law,” the lawyer said.
The lawyer then met with Nguyen Tuong Thuy, who was prior to his arrest a contributor to RFA’s Vietnamese Service.
“Mr. Nguyen Tuong Thuy said he would appeal this indictment because he says it has many mistakes,” said the attorney.
“He said the reason is because when they reviewed the stories posted on the Vietnam Times website, they forced him to sign that they were his. From these stories, they accused him of violating Article 117,” the lawyer said.
According to the lawyer, Nguyen said that there was confusion between him and another author because his name is similar to another author’s pen name. Five stories written by “Tuong Thuy” were not his own, he said.
Le Huu Minh Tuan, meanwhile, met with his lawyer Dang Dinh Manh. RFA contacted Dang by phone, but he said he was unable to talk.
According to the indictment, the procuracy accuses the IJAVN leaders of aiding and “abetting discontented individuals and eroding the people’s faith in the ruling party and state, causing confusion in public opinion, and sowing disunity among the party and state members.”
The document says they need to be treated strictly in order to educate and deter others.
The IJAVN was among more than 190 organizations that signed a May 5 letter to U.N. Secretary-General António Guterres to take action to secure the release of jailed journalists worldwide amid the health risks posed to prison populations by the COVID-19 pandemic.
Vietnam, whose ruling Communist Party controls all media and tolerates no dissent, ranks 175th of 180 countries on RSF’s 2020 World Press Freedom Index. Many observers say the party is detaining so many writers and bloggers because it appears nervous about a major party congress in January.
- Impact of Event
- 3
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Right to fair trial
- HRD
- Media Worker
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Nov 10, 2020
- Event Description
Camarines Norte journalists Virgilio “Bagwis” Avila Jr., Deo Trininad, and Mia Concordia were arrested and detained Tuesday, November 10, for several counts of cyber libel filed against them by Camarines Norte governor Edgar Tallado.
As of this writing, all three have been released after six hours in detention after posting bail.
First to be arrested was Avila, who was served a warrant by local police headed by SSgt. Jesus Tugorez. Concordia was arrested when she visited Avila in jail.
Hearing of his colleagues’ arrest, Trinidad turned himself in a few hours later.
The warrant of arrest, issued by Judge Ivan Dizon of the Regional Trial Court Branch 40, said each of the three face four counts of cyber libel, with bail set at 80,000 pesos for each count.
However, the charges against Trinidad and Concordia were reduced to one count. Avila remains accused of four counts.
The cyber libel cases stemmed from posts the journalists made separately on their personal Facebook accounts criticizing the local government’s alleged negligence in its COVID-19 response as well as corruption.
Avila also faces a separate libel case filed against him and four other journalists, including Rommel Ibasco Fenix, who was arrested last September 15 while hosting his local radio program. Their charges were filed by provincial board members Romeo Marmol and Rodolfo Gache. Avila claims that, like Fenix, libel cases filed against him earlier over his radio program have been resurfacing lately.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- #COVID-19, Online, Right to liberty and security
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Government, Judiciary, Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Nov 10, 2020
- Event Description
On November 10, 2020, Beijing No. 2 Intermediate Court convicted activist Zhang Baocheng (张宝成) of “picking quarrels and provoking trouble” and “promoting terrorism, extremism, and inciting execution of terrorist activities” and handed down a 3.5-year prison sentence; three years for the “picking quarrels” charge and 8 months for the terrorism charge. The sentencing hearing followed an August 18 trial. Zhang appealed against his conviction on November 16. The court convicted Zhang of using the Internet, especially Twitter, to send out or share videos and information that “smear and insult the country’s leadership, oppose the Communist Party, split the state, harm ethnic unity and insult judicial organs.” One type of post cited included Zhang raising awareness of the plight of imprisoned activist Huang Qi’s elderly mother Pu Wenqing. Zhang was convicted of sending 1 video about East Turkestan (Xinjiang) which authorities said touched on “violent terrorism and extremism.” Beijing police initially seized Zhang on May 28, 2019, ahead of the 30th anniversary of the Tiananmen Massacre. He was not granted access to his lawyers until October 2019. Zhang Baocheng is currently being detained at Beijing No. 3 Detention Center and is expected to be released in November 2022.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Singapore
- Initial Date
- Nov 7, 2020
- Event Description
Lawyer M Ravi is being investigated for criminal defamation in relation to a Facebook post alleging that lawyer Mr Eugene Thuraisingam had told him that Law Minister K Shanmugam has said he “wields influence over the Chief Justice”, the police said on Saturday (Nov 7).
“The Public Prosecutor has issued an order pursuant to Section 16(2) of the Criminal Procedure Code for the police to investigate into the offence,” they said in a news release.
Mr Ravi's Facebook post on Nov 6 alleged that Mr Thuraisingam had told him that Mr Shanmugam had said he “wields influence over the Chief Justice” and “calls the shot and controlls (sic) Sundaresh Menon”.
Mr Thuraisingam wrote a letter to Minister Shanmugam on the same day Mr Ravi's Facebook post was published, stating that "[t]here is absolutely no truth whatsoever" to the allegations, the police said.
Mr Thuraisingam also posted a copy of the letter on his Facebook page, referring to Mr Ravi's post as "false and completely untrue".
According to Mr Thuraisingam, Mr Ravi had made similar allegations in a Facebook post published on Jun 12, 2017.
Mr Thuraisingam had then clarified with Mr Shanmugam on Jun 13, 2017 that Mr Ravi’s allegations were false. No police action was taken in that incident.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment, Vilification
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Lawyer
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Nov 6, 2020
- Event Description
Vietnam’s communist regime has arrested another Facebooker and accused him of “conducting anti-state propaganda” under Article 117 of the country’s Criminal Code for his posts on the social network.
According to state-controlled media, police in the central province of Nghe An on November 6 arrested Mr. Nguyen Van Lam for his posts on his Facebook page named “Lâm Thời” with the content considered harmful for the regime.
Newspapers said that the province’s police have launched an investigation after receiving information from the province’s Department of Information and Communication which warned that the content of Facebooker Lâm Thời’s posts are defaming the regime and the local authorities as well as their officials and distort the ruling Communist Party of Vietnam (CPV)’s policies.
The police said they found 35 statuses of Facebooker Lâm Thời violating Vietnam’s laws. Of those, 3 are his live streams, 18 were produced by himself while 13 were shared from anti-government pages.
Mr. Lam, 50, will be held incommunicado for at least four months during the investigation period, and face imprisonment of between seven and 12 years in prison, or even up to 20 years, if is convicted.
Looking in his Facebook, Defend the Defenders found his posts cover a wide range of topics, from systemic corruption and widespread environmental pollutions to human rights abuse and China’s violations of Vietnam’s sovereignty in the East Sea (South China Sea). Lam was summoned to a police station in early December last year where he was requested to stop anti-regime posting, according to some newspapers.
He is among 29 activists and Facebookers who have been arrested so far this year for their peaceful activities as the ruling party is intensifying its crackdown on the local dissent prior to the party’s 13th National Congress slated for January next year. Among them, 14 were charged with “conducting anti-state propaganda” and seven were alleged of “abusing democratic freedom” under Article 331 of the Criminal Code.
Vietnam’s communist regime often uses articles in the National Security provisions of the Criminal Code to silence the local political dissidents and social activists who bravely exercise their basic rights including the right to freedom of expression which are enshrined in the country’s 2013 Constitution and the international treaties in which Vietnam is a signatory party.
Vietnam is among the largest prisons of prisoners of conscience in Southeast Asia. According to Defend the Defenders’ latest statistics, Vietnam’s communist regime is holding 260 prisoners of conscience in hard living conditions.
Vietnam is placed at 175th out of 180 countries in the 2020 World Press Freedom Index of the Paris-based Reporters Without Borders (RSF), imprisoning dozens of journalists and bloggers, including prominent activists Pham Doan Trang and Pham Chi Dung.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Blogger/ Social Media Activist
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Nov 5, 2020
- Event Description
Targetting the anti-CAA and anti-NRC activists, the UP police on Thursday arrested the family members of activist Zainab Siddiqui.
Among those, who were picked up along with Zainab included his brother and father.
However, Station House Office (SHO) of Hasanganj Police Station, when contacted, told India Tomorrow that it was Special Task Force (STF) personnel who had detained Zainab and her family members.
He said that while the STF, later on, released Zainab and her brother but handed over her father to anti-terrorist squad (ATS) for interrogation.
The official, however, did not say for what crime Zainab’s father was arrested and was being questioned by ATS.
“Even I don’t know on what charges Zainab’s has been arrested”, said the police official and abruptly disconnected the phone.
However, NGO Rihai Manch general secretary Rajiv Yadav told India Tomorrow that police on Thursday all of a sudden barged into the house of Zainab and asked her father if Zainab was associated with anti0-CAA and NRC agitations.
The cops, according to Rajiv, went back after they were told that Zainab worked with a women’s organization.
“However, they returned within an hour and started assaulting the family members with baton. Cops used abusive language for Zainab’s younger sisters, chased them on the road and assaulted them with lathis. About 10 to 15 policemen caught Zainab’s father, sister and mother and took them to Hasanganj Police Station”, alleged Rajiv.
Condemning the police atrocity, Rajiv demanded immediate release of Zainab’s family members and proper security for her family.
“Taking anybody to police station without any reason is illegal. The purpose of the harassment is to silence the voice of dissent. Yogi police is trying to silence the voice of dissent by ignoring Constitution and democracy”, Rajiv alleged.
- Impact of Event
- 5
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Abduction/Kidnapping, Judicial Harassment, Raid, Violence (physical)
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Family of HRD, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Pakistan
- Initial Date
- Nov 4, 2020
- Event Description
Authorities in Pakistan's southwestern province of Balochistan have arrested a local social-media activist and newspaper columnist on charges of interfering in the work of police.
Bayazid Kharoti appeared before a court in the provincial capital, Quetta, on November 5 that ordered him remanded in custody for five days, his lawyer, Enayat Kasi, told RFE/RL.
Kasi said he had filed a bail application and that the request would be heard the next day.
The Pakistani media watchdog Freedom Network denounced what it called Kharoti's "unlawful arrest."
Kharoti's friends and family sources have said he went missing in Quetta at noon on November 4.
A spokesman for the Balochistan provincial government announced Kharoti's arrest on Twitter after news of his disappearance spread on social media.
The spokesman, Liaquat Shahwani, said that Kharoti is accused of illegally entering the headquarters of the paramilitary Levies forces in Quetta and of using inappropriate language after being ordered to leave.
"My brother is Kidnapped by unknown people I would like to request all the social activist and journalist to raise your voice," his younger brother, Basit Khan Kharoti, earlier wrote on Twitter.
Kharoti runs a Facebook page and WhatsApp group called "Choti Chiri" (Little Bird) and writes columns in Pakistani newspapers.
He often criticizes the government and security forces in Balochistan and reports on alleged corruption.
Balochistan's government issued a statement on August 5 ordering government employees to stay away from social media pages and WhatsApp groups that allegedly spread "misinformation and propaganda" against the provincial government.
Kharoti at the time told RFE/RL that he was raising issues Balochistan is facing because Pakistan's national media did not pay enough attention to the province's problems.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Abduction/Kidnapping, Judicial Harassment
- Rights Concerned
- Offline, Online, Right to healthy and safe environment, Right to liberty and security
- HRD
- Blogger/ Social Media Activist
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Nepal
- Initial Date
- Nov 2, 2020
- Event Description
Nepal Police has arrested nine RTI activists while registering their RTI applications at District Ayurvedic Health Centre Parsa today (November 2). Parsa lies in the Province 2 of Nepal.
As per information received at Freedom Forum, nine activists Manoj Rouniyar (Member, National Network for RTI), Udaya Kushwaha, Pravin Manipal, Pramila Giri, Dip Narayan Prasad Yadav, Salamat Hussain Mansoor, Keshar Das, Rupesh Singh and Birendra Yadav had reached the health centre to register their RTI application separately. In the meantime, police arrested them and released however, Kushwaha and Manipal were detained for four hours.
The incident has been reported to take place with alleged involvement of the office's Chief Ramesh Mishra, Information Officer Nagendra Prasad Patel and District Police Chief.
FF's representative Rajan Singh quoted Rouniyar as saying Mishra and Patel threw their RTI applications and called the police to arrest them.
Arrested activists had filed RTI seeking information on office staff, yearly income, details about information officer and review meeting's expenditure at the office.
The nine were taken under control outside the prison after they went to Ayurveda Health Center to register a petition under the Right to Information Act on suspicion of irregularities of District (Parsa) Ayurveda Health Center such as the income and expenditure details for the fiscal years 2017-18 and 2018-19, fuel expenditure and certified copy of the qualifications of the staff.
They complained of being arrested without registering the application and said that it was against the human rights to be detained by the police for seeking the information as it is a fundamental right to receive information. The Club has been drawing the attention of the stakeholders by complaining that the Ayurveda office’s staff not usually present in the office, office items are used in people's homes and there is no transparency in the office.
Chief of the District Ayurveda Health Office, Dr Ramesh Mishra, said that the police arrested them due to an old scandal where the youths belonging to the Club tried to assault him by abusing the service recipients came to the centre on October 19. Meanwhile, police released them after understanding the matter from both sides.
- Impact of Event
- 9
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to information, Right to liberty and security
- HRD
- RTI activist
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Nov 2, 2020
- Event Description
The communal harmony activist arrested in November for offering namaz at a temple in Mathura was granted bail by Allahabad high court in the case on Friday.
Faisal Khan, the national convenor of Khudai Khidmatgar – an organisation working towards interfaith understanding – was arrested by the Uttar Pradesh Police from his residence in Delhi on November 2 and photos and videos showing him offering namaz in a temple complex at Mathura had gone viral on social media.
He was arrested on charges under sections 153A (promoting enmity between different groups), 295 (injuring or defiling place of worship with intent to insult the religion), and 505 (public mischief). He was then sent to 14-day judicial custody.
The bail order delivered by Justice Siddharth and dated December 18, read:
“Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail…”
Khan’s counsel had held in court, “Only on the basis of photographs which went viral the applicant cannot be said to have intention to disturb the communal harmony of the society. He did not entered into the sanctum sanctorum of the temple rather he performed Namaz outside of the temple with the permission of the priest of the temple as clear from the viral photographs. The allegation of receiving foreign funds is without basis.” (sic)
Khan had visited the temple of Nand Baba in Mathura in time for his afternoon prayers on November 19. He was accompanied by his associates, Chand Mohammad, Nilesh Gupta and Sagar Ratna. In a statement, the Khudai Khidmatgar said local people at the temple had told Khan he could say his namaz at the premises rather than going elsewhere.
Later, a priest at the temple, Kanha Goswami filed a complaint saying that Khan’s gesture had “offended” Hindu sentiments. The complaint also called for an inquiry into the episode and into whether the move had involved “foreign funding” by a Muslim organisation.
A prominent Gandhian activist, Khan was on a five-day pilgrimage between October 24 and October 29 to advocate communal harmony, his organisation had said in a statement. The temple prayers were a part of an attempt to send a message of peaceful coexistence between religions.
Khan’s advocate filed two applications. One was an anticipatory bail application which was not listed. Friday saw the first hearing of his case.
In judicial custody, Khan had tested positive for COVID-19 and had been admitted to KD Medical College hospital in Mathura. This was a cause of concern for his family. His sister, Falak, says “It has been a struggle without him.”
The bail order has relieved the family which had been under considerable anxiety. “We are so thankful to the system. He is a modern Gandhi, and his past work speaks for his record. We will celebrate his return like Diwali,” Falak told The Wire.
Bail was granted to him on the condition that Khan will not use social media for any such purposes till the conclusion of trial. His case was argued by senior advocate Colin Gonsalves.
Khudai Khidmatgar was founded by freedom fighter Khan Abdul Gaffar Khan – popularly known as the Frontier Gandhi.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Offline, Right to health, Right to liberty and security
- HRD
- Freedom of religion/belief activist
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Oct 30, 2020
- Event Description
The Court of Appeal has denied bail for anti-government protest leader Arnon Nampha, who is charged with sedition over the rally at Thammasat University’s Tha Prachan campaus and at Sanam Luang on Sept 19-20.
The court upheld the lower court's refusal to allow the temporary release of the human rights lawyer. The decison was read out at the Criminal Court on Wednesday, according to Thai media reports, but not made public until Friday.
Mr Arnon, 37, is charged with sedition under Section 116 of the Criminal Code in connection with the anti-government demonstration at Thammasat University's Tha Phrachan campus and Sanam Luang on Sept 19-20.
On Oct 27, Chana Songkram police took him to the Criminal Court and obtained permission to detain him. His lawyers applied for bail, but it was denied. They appealed.
The Court of Appeal denied bail on the grounds the alleged offences could lead to damage or disruption with a wider impact. In taking to the rally stage, the accused had persuaded people to destroy state property without respect for the law.
The court also took into consideration police investigators’ opposition to the suspect's release on bail because he also faced similar charges filed by other police stations.If he was released on bail, he might cause more damage or try to flee.
The court found the lower court's decision to refuse bail was justified.
Mr Arnon is being detained at Bangkok Remand Prison.
On Sept 20, pro-democracy protesters staged a ceremony to install a plaque at Sanam Luang declaring the people’s power and ownership of the country. It was removed by unknown people next morning.
The original plaque marked the 1932 Revolution, which overthrew the absolute monarchy and ushered in a constitutional monarchy, and was planted on the ground at the Royal Plaza.
It was removed without explanation in 2017, three years after the military took power in a coup, and no one in authority has ever said why or what happened to it.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Lawyer, Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Active
- Country
- Thailand
- Initial Date
- Oct 30, 2020
- Event Description
A court in Ayutthaya on Saturday rejected a police request to detain three protest leaders currently in a Bangkok hospital after an eventful night that followed their temporary release from custody.
The court said the investigation was already done, so police could proceed with the case without having to detain them, and since they were in hospital they were not flight risks.
Doctors at Praram 9 Hospital said that the three — Parit “Penguin” Chiwarak, Panusaya “Rung” Sithijirawattanakul and Panupong “Mike” Jadnok — would need two or three more days to recover from their recent experiences with law enforcement.
Police still have ample opportunity to make fresh arrests once the three are discharged. All told, there are 80 active warrants related to various offences connected with recent pro-democracy protests, according to Pol Maj Gen Piya Tawichai, deputy metropolitan police chief.
Pathumwan police, it turns out, were already on the case. Their officers were en route to the hospital around 6pm to charge Ms Panusaya, according to Thai Lawyers for Human Rights (THLR). It said on Twitter that its lawyer, who represents Ms Panusaya, had been informed.
Six police oficers were standing guard near the three suspects' hospital rooms on Saturday.
Mr Parit and Ms Panusaya were taken to Praram 9 Hospital at around 4.45am on Saturday after they had been questioned by Ayutthaya police at the Pracha Chuen police station in Bangkok following their release from remand prison.
Mr Parit was injured with several glass fragments on his body and Ms Panusaya was exhausted. They joined Mr Panupong, who had been released at the same time and brought to the hospital earlier after fainting while in police custody.
At a briefing on Saturday, a team of doctors at the hospital said Mr Panupong suffered several minor cuts from glass fragments. He was very weak and physicians are checking what caused his blackout.
Mr Parit, who has asthma, also had cuts on his limbs and some glass fragments were found on his body. Ms Panusaya was suffering from severe dehydration and chronic sleep deprivation and was on a saline drip.
All three need at least two to three days to recover, the doctors said.
Pheu Thai MP Tossaporn Serirak and Piyabutr Saengkanokkul, a former MP of the now-defunct Future Forward Party and cofounder of the Progressive Movement, accompanied them to the hospital in the same van.
Their supporters who had been waiting at the police station left after the leaders told them to return home.
Ayutthaya police on Saturday morning visited Mr Panupong, who was suffering from a lack of oxygen, at the hospital, seeking to detain him. Mr Panupong refused to be held, saying the arrest began at the Bangkok Remand Prison, not at the hospital, and he had the right to be treated there, according to Thai Lawyers for Human Rights (TLHR).
Late Friday afternoon, the Criminal Court had granted bail to the three student activists and Patiwat Saraiyaem, another protester, after repeated appeals by their lawyers. They had been in jail for 16 days.
Mr Panupong, Mr Parit and Mr Patiwat were detained at Bangkok Remand Prison and Ms Panusaya was at the Central Women’s Correctional Institution nearby.
Mr Patiwat walked out of Bangkok Remand Prison around 8pm to cheers from supporters waiting to greet him outside.
He frantically told the waiting crowd that the other three had been taken from their cells by three men in civilian clothes while prison officials did nothing.
The men were later identified as plainclothes police officers who acted on arrest warrants for the activists’ roles during rallies in Nonthaburi, Ayutthaya and Ubon Ratchathani provinces.
However, their lawyers, citing Section 68 of the Criminal Procedures Code, argued the warrants were no longer valid since they had already acknowledged and denied the charges while at the Border Patrol Police Region 1 and the Bangkok Remand Prison.
Pol Col Ittichet Wonghomhuan, the Pracha Chuen police superintendent, said his team acted on the warrants of Nonthaburi, Ayutthaya and Ubon Ratchathani police, who had not revoked them yet.
While the lawyers were still talking to some policemen at the prison, the plainclothes officers took Mr Parit and Mr Panupong away through a secondary gate without anyone knowing, according to TLHR. Another van took Ms Panusaya from the women’s prison.
The van, with broken windows, took Mr Panupong and Mr Parit to the station at 9.30pm. Police did not allow them to get out at first since around 50 of their supporters were gathering there. Mr Parit shouted that Mr Panupong needed an ambulance immediately.
At 10pm, an ambulance took an unconscious Panupong to Kasemrad Pracha Chuen Hospital. He was later transferred to Praram 9 Hospital.
At the police station, Mr Parit said he and Mr Panupong resisted arrest because the people who took them did not wear uniforms and tried to illegally detain them. However, they were dragged by the neck to the van. Mr Panupong passed out later in the vehicle, Mr Parit claimed.
He said the supporters who were following them tried to ask the police to stop the van so Mr Panupong could get medical help but the officials refused to do so.
According to Internet Law Reform Dialogue (iLaw), some interviews and video clips showed what happened during the trip to the police station.
The van carrying Mr Parit and Mr Panupong stopped at a red light at the Pongpet intersection, followed by a few people on motorcycles believed to be their supporters.
Mr Panupong and Mr Parit shouted to them that they had been forcibly and illegally taken. Their supporters tried in vain to talk to the officials before attempting to break a window, allegedly to help the pair.
As the van driver tried to get away, the vehicle hit at least two other motorcycles nearby. One of the motorcycles fell in front of the van but the van driver ploughed on, dragging the smaller vehicle for around 200 metres. The owner of the damaged motorcycle, who was not a protester, later filed a complaint with police.
After their temporary release on Friday, four other protesters remained in jail as of Saturday.
At Bangkok Remand Prison, Ekkachai Hongkangwan has been imprisoned since Oct 12 on charges related to the royal motorcade, Arnon Nampha has been held since Oct 15 on sedition charges, and Somyot Prueksakasemsuk has been detained since Oct 16.
At Bang Kwang Prison, Suranart Panprasert has been held at since Oct 21 on charges in connection with a royal motorcade.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Use of Excessive Force, Violence (physical)
- Rights Concerned
- Right to health, Right to healthy and safe environment, Right to liberty and security
- HRD
- Pro-democracy defender, Student, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Oct 29, 2020
- Event Description
Police will summon at least five Free Youth protesters during the Germany embassy rally in Bangkok on Monday after a court on Thursday turned down their request for arrest warrants.
Thung Mahamek police on Wednesday sought to arrest five protesters on sedition and other charges for their roles during the demonstration at the embassy where the protesters submitted a letter to the ambassador.
The five are Patsaravalee Tanakitvibulpon, 25, Korakot Saengyenphan, 28, Chanin Wongsri, 20, Cholathit Chote-sawat, 21, and Benja Apan, 21.The South Bangkok Criminal Court dismissed the request, citing a number of reasons — the suspects are students, the rally was short, there was no proof they would flee and they have permanent residences.
The court also instructed police to summon them for questioning first.
Later on Thursday, deputy police spokesperson Pol Col Kissana Phathanacharoen said the protesters did not inform police of their rally on that day.
“Unlike the gathering by yellow-clad demonstrators at the embassy earlier on that day, the Free Youth group did not inform the police about their rally first [as required by law],” he said.
He dismissed criticism of double standard since no action had been taken against the yellow group.
On Free Youth planned protests on Thursday, Pol Maj Gen Jirasan Kaewsaeng-ek, deputy chief of Metropolitan Police, traffic might be affected in two locations — Pathumwan intersection, Silom Road (near Wat Kaek) and near NationTV on Bang Na-Trat Highway.
- Impact of Event
- 5
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to Protest
- HRD
- Pro-democracy defender, Student, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- China
- Initial Date
- Oct 28, 2020
- Event Description
A teenage Hong Kong activist was charged on Thursday with secession, the first public political figure to be prosecuted under a sweeping new national security law Beijing imposed on the city.
Tony Chung, 19, appeared in court charged with secession, money laundering and conspiring to publish seditious content, two days after he was arrested in a Hong Kong coffee shop opposite the US consulate.
Chung is a former member of Student Localism, a small group that advocated Hong Kong's independence from China.
The group disbanded its Hong Kong network shortly before Beijing blanketed the city in its new security law in late June but it has kept its international chapters going.
The legislation outlawed a host of new crimes, including expressing political views such as advocating independence or greater autonomy for Hong Kong.
Chung and three other members of Student Localism were first arrested by a newly created national security police unit in July on suspicion of inciting secession via social media posts.
However, Chung was arrested again on Tuesday morning by plainclothes police just metres away from the US consulate.
A little-known group calling itself Friends of Hong Kong put out a statement shortly afterwards saying it had been trying to arrange for Chung to enter the US consulate that day and apply for asylum.
Chung was held by police until his appearance in court on Thursday morning. He was denied bail.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Online, Right to liberty and security
- HRD
- Student, Youth
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Oct 28, 2020
- Event Description
The National Investigation Agency (NIA) launched a major crackdown on terror funding in Jammu and Kashmir and conducted raids on NGOs and journalists across 10 locations in Kashmir and one in Bengaluru on Wednesday morning.
NIA sources have said terror operations were being funded by sourcing funds from foreign countries in the name of business, religious works and other social works by these organisations in Jammu and Kashmir.
The probe agency raided NGO Athrowt at Nawakadal, the Greater Kashmir office at Press Colony and the residence of activist Khurram Parvaiz, among other places.
Sources told India Today TV that the money came through hawala channels from different parts of the country and abroad and was being used to fund terror activities in Kashmir through NGOs.
"These NGOs were not registered. That means they did not have the FCRA license, yet they were getting funds from Pakistan and Europe, and even countries like Fiji and East Timor," the sources said.
The NIA sources said that the probe agency is looking at two aspects - terror funding and secessionist activities.
In a statement, NIA said, "This case was registered by NIA on 8/10/2020 u/s 120B, 124 A IPC and sections 17, 18, 22A, 22C, 38, 39 and 40 UA(P)A, 1967 on receipt of credible information that certain NGOs and Trusts are collecting funds domestically and abroad through so-called donations and business contributions, etc and are then utilizing these funds for secessionist and terrorist activities in J&K."
"Those whose premises have been searched include residence and office of Khurram Parvez (co-ordinator of J&K Coalition of Civil Society), his associates viz. Parvez Ahmad Bukhari, Parvez Ahmad Matta and Bengaluru-based associate viz. Swati Sheshadri; Ms. Parveena Ahanger, Chairperson of Association of Parents of Disappeared Persons ( APDPK) and offices of NGO Athrout and GK Trust," said the NIA.
The probe agency said that the raids were conducted after specific inputs and more NGOs are also under scanner. The documents and phones seized will be sent to the forensic lab, the sources said.
The NIA sources told India Today TV that the case was registered last week, but was not mentioned on the NIA website to maintain confidentiality. The NIA raids were led by the IG and DIG, who flew Srinagar specially for the raids.
Slamming the move, former J&K chief minister and PDP leader Mehbooba Mufti has said, "NIA raids on human rights activist Khurram Parvez & Greater Kashmir office in Srinagar is yet another example of GOIs vicious crackdown on freedom of expression & dissent. Sadly, NIA has become BJPs pet agency to intimidate & browbeat those who refuse to fall in line."
- Impact of Event
- 6
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community), Woman
- Violation
- Enactment of repressive legislation and policies, Intimidation and Threats, Judicial Harassment, Raid, Vilification
- Rights Concerned
- Freedom of association, Offline, Online, Right to fair trial, Right to healthy and safe environment
- HRD
- NGO, NGO staff, WHRD
- Perpetrator-State
- Armed forces/ Military, Government
- Source
- Monitoring Status
- Active
- Country
- China
- Initial Date
- Oct 27, 2020
- Event Description
On October 27, Lin Qilei, attorney for Li Yuhan, a female human rights lawyer in her 60’s, announced that the supreme people’s court has rescheduled Li’s case for November 30. Li, who has been detained for more than three years at Shengyang No. 1 Detention Center, suffers multiple health concerns, including hypothyroidism, ischemic heart disease, and stomach problems, requiring daily medications. After a fall in 2018 which led to spinal damages, Li now has to walk with a crutch.
Authorities initially indicted Li for provoking troubles and picking quarrels, but later, added fraud to her charges. As evidence regarding her case has not proved to be sufficient, however, the court has repeatedly delayed hearing her case, blocking her release. After authorities transferred Li’s case to Shengyang Municipal Heping People’s Court on April 8, 2018, the court decided to host the trial on June 8, 2019, now scheduled for November 30. With no verdict after more than three years, supporters suspect officials have targeted and repressed her “simple" case.
During Li’s detention, police have hired the female cell head and other prisoners to torture daily her. Tactics include:
Forcing her to take cold showers. Rationing her food to half of portions other prisoners receive. Placing her vegetable/s and fruit on the restroom floor to prevent her from eating it. Giving her the previous day’s vegetable/s and fruit after other prisoners intentionally urinated on them; Prohibiting her family members from depositing money into her prison account.
After his last meeting with Li, Attorney Lin also announced that court officials have not addressed his nor Li’s application for bail and compulsory change. Li believes that authorities fabricated charges against her to persecute and suppress her previous work safeguarding other people’s rights.
The judicial department asked Li to write the “confession and acceptance of penalty” letter in exchange for her release, but she refused to compromise her stance. Attorney Lin relayed greetings and concerns from others to Li Yuhan, hoping that she can remain upbeat and able to confront conceivable challenges.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment, Torture
- Rights Concerned
- Right to fair trial, Right to healthy and safe environment, Right to liberty and security
- HRD
- Lawyer, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Oct 26, 2020
- Event Description
Anon Nampa, a pro-democracy protest co-leader, has been detained in another case right after a court temporarily released him on bail in one.
The human rights lawyer was taken to Bangkok on Monday afternoon after the Chiang Mai Court approved a second round of his detention and released him on bail for a surety of 200,000 baht, according to Thai Lawyers for Human Rights.
The money reportedly came from the fund raised by a network of academics.
Mr Anon was detained after the release by Chana Songkhram police for his involvement in the Free Youth rally on Sept 19 at Thammasat University and Sanam Luang.
He was brought to the capital in a van, accompanied by a lawyer. It remained unclear whether he would be held at the Chana Songkhram police station or at the Border Patrol Police Region 1 headquarters in Pathum Thani province.
Mr Anon was arrested during the crackdown of a rally near Government House in Bangkok in the early hours of Oct 15, shortly after the serious state of emergency was declared in the capital.
Police acted on a warrant by Chiang Mai police for his role during a rally at Tha Pae in the northern province on Aug 9. He was charged with sedition under the Criminal Code, the penalty of which is up to seven years in jail.
Mr Anon was the first who publicly spoke about the need for the reform of the monarchy in decades. He advocated the changes in line with democracy with the King as head of state.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Lawyer
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Oct 26, 2020
- Event Description
The Criminal Court on Monday denied bail for Panupong "Mike" Jadnok, Parit “Penguin” Chiwarak and Panusaya “Rung” Sithijirawattanakul in a renewed attempt by their lawyers.
The court said there was no reason to change the previous order which denied the temporary releases of the trio due to concern they would repeat the alleged offences.
Mr Panupong and Mr Parit are detained at Bangkok Remand Prison and Miss Panusaya is at the Central Women's Correctional Institution nearby.
Mr Panupong was charged with inciting unrest or sedition under Section 116 of the Criminal Code. He also faces charges of violating the Act on Ancient Monuments, Antiques, Objects of Art and National Museums, and violating Sections 116 and 215 for his role in installing a new plaque to symbolise people’s power at Sanam Luang on Sept 19.
Mr Parit and Miss Panusaya — Thammasat University students — were also charged with sedition, as well as other charges for their roles in the Sept 19 rally at Sanam Luang.
Their lawyers tried to offer higher cash bond for their bail in the hopes of getting them out after the Court of Appeal on Saturday denied them bail.
In any case, their lawyers do not give up and will apply for bail again, starting from the lower court.
"Even though physically, I remain in jail, my heart goes wherever you are," the Thai Lawyers for Human Rights quoted Ms Panusaya as saying after the court decision.
Her statement is clearly directed at student-led protesters.
During a previous visit a few days ago, TLHR described the yong activist as "drastically changed", with her hair cut short and dyed black. The prison administration said later her hair was trimmed for hygiene reasons.
They called for the releases of all detained activists and resignation of the prime minister as a pre-condition for a proposal by Gen Prayut Chan-o-cha for all sides to take a step back.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Pro-democracy defender, Student, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Oct 25, 2020
- Event Description
Authorities arrested on Sunday, Oct. 25, an Igorot woman leader who has been consistent in defending their ancestral land in Lubuagan, Kalinga.
According to the Cordillera Human Rights Alliance (CHRA) and the Cordillera People’s Alliance (CPA), a composite team from the Criminal Investigation and Detection Group (CIDG), Philippine National Police and Philippine Army came to the Western Uma and Lower Uma villages at 4:00 a.m. to search several houses, including that of Beatrice Belen, a leader of Innabuyog-Kalinga, the local chapter of Gabriela.
Belen, her husband and her two children were led outside of their home before the search was conducted. The police later claimed they found firearms and explosives, and proceeded to arrest and detain Belen at the Tabuk City Jail. The CHRA said Belen has been placed in a cell with male detainees.
In a statement, Cristina Palabay, secretary general of Karapatan, condemned the arrest of Belen. “Like other activists who were arrested on questionable legal bases, Belen has asserted that those allegedly seized in her home were not hers nor of any member of her family,” she said.
Palabay noted that before the incident, Belen was tagged as a communist by soldiers belonging to the Philippine Army’s 503rd Infantry Brigade of the Philippine Army.
The arrest of Belen, Palabay said, is a “very clear example of the dangers of red-tagging, resulting in violations to the right to life, liberty and security of human rights defenders, including indigenous women human rights defenders who are fighting for their communities’ land, resources and rights.”
Staunch defender of ancestral land
In a statement, the CPA said that for decades, Belen has shown strong leadership in her community against destructive projects.
In 2012, the CPA said that Belen led the campaign against Chevron Energy company’s geothermal power project in Kalinga, “citing detrimental effects of the said project to lives and health of the community members, especially women and children.”
In 2018, Belen was awarded Gawad Bayani ng Kalikasan (Environmental Hero) for her sustained defense of their ancestral land from destruction by private companies.
The CPA further said that as Belen has continued to oppose the geothermal project and human rights violations in their village, harassment and threats against her also persisted.
Palabay called for the immediate release of Belen. She added that placing Belen in a cell with other male detainees is in direct violation of the Nelson Mandela Rules or the United Nations Standard Minimum Rules for the Treatment of Prisoners.
Palabay said that the overcrowded and unsanitary prisons in the country are among the “most vulnerable places for women, where numerous forms of sexual violence are most likely to happen.”
Karapatan said Belen is the most most recent among Gabriela’s regional leaders who have been arrested on “fabricated charges.” Last July 7, Gabriela’s national vice chairperson, Jenelyn Nagrampa was also arrested in Camarines Sur.
Gabriela Women’s Party Rep. Arlene Brosas also expressed strong condemnation of Belen’s arrest.
“Facing a stinging rebuke of their red-tagging spree, the military has resorted to the use of state terror and naked force in silencing women’s rights defenders with the arrest of Manang Betty [Belen],” Brosas said.
Brosas appealed to the public to “strongly denounce Belen’s arrest in the same way that we stand for celebrities who are red-tagged by the military.”
Brosas lambasted the police and military “for once again planting evidence to detain another woman leader,” citing the cases of Reina Mae Nasino and Cora Agovida.
Based on Karapatan’s documentation, there are 102 women political prisoners, most if not all are women human rights defenders, who are languishing in various jails and detention centers in the country.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment, Raid, Vilification
- Rights Concerned
- Right to fair trial, Right to healthy and safe environment, Right to liberty and security
- HRD
- Indigenous peoples' rights defender, NGO staff, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Oct 22, 2020
- Event Description
The Observatory has been informed by the Network of Chinese Human Rights Defenders (CHRD) about the arbitrary and incommunicado detention of Mr. Chang Weiping, a prominent human rights lawyer known for taking on sensitive human rights cases and filling lawsuits against companies for discrimination in the workplace against women, LGBTQ+ persons, and individuals affected by HIV/AIDs.
According to the information received, on October 22, 2020, Mr. Chang Weiping was arrested at his home in Fengxiang County, Shaanxi Province, by police officers from Baoji City. Later the same day, Mr. Chang Weiping’s wife received a phone call from a police officer who informed her that her husband had been placed under “residential surveillance in a designated location” (RSDL), a form of enforced disappearance[1].
On October 26, 2020, the Baoji City Public Security Bureau denied two separate requests presented by Mr. Chang Weiping’s lawyers to meet with their client. Furthermore, one of the lawyers was informed that Mr. Chang Weiping was suspected of “subversion of State power” and that the case involved “State secrets”. At the time of publication of this Urgent Appeal, Mr. Chang Weiping had not been formally charged and his whereabouts remained unknown.
Six days before his arrest, on October 16, 2020, Mr. Chang Weiping published a video statement on social media denouncing the physical and psychological torture he had been subjected to while in detention in January 2020, including being tied to a “tiger chair”[2].
On January 12, 2020, Mr. Chang Weiping, was arbitrarily arrested by Shaanxi police and placed under RSDL in an unknown location on charges of “subversion of State power” (Article 105(1) of China’s Criminal Law), in connection to a private meeting organised by academics, human rights lawyers and activists in December 2019 in Xiamen, Fujian Province, to discuss the situation of the rule of law and human rights in China.
On January 13, Mr. Chang Weiping’s license to practice law was cancelled. Previously, in October 2018, the Baoji City Judicial Bureau had suspended his law license in retaliation for his human rights work.
On January 21, Mr. Chang Weiping was released on bail pending trial. Nonetheless, he was requested to leave his city of residence and was confined to his family home in Baoji, where he remained under strict police scrutiny, including daily phone calls and weekly meetings with the police. Furthermore, he was prevented from being reunited with his family.
The Observatory expresses its utmost concern over the arbitrary arrest and detention of Mr. Chang Weiping as it seems to be only aimed at punishing him for his legitimate human rights activities and urges the Chinese authorities to immediately disclose his whereabouts and unconditionally release him and all other human rights defenders, including labour rights defenders, arbitrarily detained in the country.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to healthy and safe environment, Right to liberty and security
- HRD
- Lawyer
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Related Events
- China: prominent lawyer arrested, held incommunicado
- Country
- Viet Nam
- Initial Date
- Oct 21, 2020
- Event Description
Authorities in Vietnam’s southern province of Dong Nai have arrested local resident Nguyen Quang Khai on the allegation of “Deliberate disclosure of classified information; appropriation, trading, destruction of classified documents” under Article 337 of the Criminal Code with potential imprisonment of between two and ten years.
According to the notice sent to his family dated October 21, the Security Investigation Agency of the Dong Nai province’s Police Department detained Mr. Khai in an urgent case for the act of copying and disseminating state secrets on his Facebook account Khai Nguyen.
Mr. Khai’s family said that the Dong Nai police detained him to a police station in the morning of October 20 for interrogation and kept him overnight. The next day, police came to his private residence and handed over a notice of arrest to his family. Currently, the 51-year-old freelance worker is held in a temporary detention facility under the authority of the province’s Police Department.
Mr. Khai’s wife has a small food outlet and he helps her run the facility. He often shares and comments on the statuses of other Facebookers, mostly focusing on the corruption of state officials at different levels. He has also participated in charity events to support vulnerable people in their locality.
It is unclear what information he has shared can be classified as state secret information.
Dozens of Vietnamese Facebookers have been arrested or convicted with lengthy imprisonment for their online posts since the communist regime passed the Cyber Security in early 2018, according to Defend the Defenders’ observation.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Blogger/ Social Media Activist
- Perpetrator-State
- Police
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Oct 21, 2020
- Event Description
A march to Government House on Wednesday night ended with an arrest of a pro-democracy activist, just hours after PM Prayut Chan-o-cha said on a live address that everyone should “take a step back” from the brinks.
Patsaravalee “Mind” Tanakitvibulpon, 25, was arrested at a cafe near Victory Monument while she was on the way from a protest close to PM’s office, fellow activists said. Police said there was an outstanding warrant for her arrest. Patsaravalee was released on Thursday morning.
“This arrest does not make me afraid. This is an unlawful arrest,” Patsaravalee said as she was being taken away by police. “I know this is the government’s game.”
The arrest was made by Police Lt. Col. Suriyasak Jirawat, who said Patsaravalee was wanted with 11 other suspects for leading a protest on Oct. 15 at the Ratchaprasong Intersection. She was charged with violating the emergency decree.
When reached for comment on Thursday, Lt. Col. Suriyasak said he does not know if the 11 others have been arrested yet.
Patsaravalee was released without having to post for bail, since the Pathumwan Circuit Court said she was a student studying for her finals and therefore is not considered a flight risk.
Prior to her arrest, Patsaravalee was one of the activists who marched to Government House from the Victory Monument in a bid to demand PM Prayut’s resignation. The crowd dispersed without incidents after submitting an ultimatum that called upon Gen. Prayut to resign within three days, or face another round of protests.
In a speech broadcast live on TV Thursday night, Prayut said the government is willing to make a compromise, but added that the protests should stop and let the Parliament debate their grievances.
“The only way to a lasting solution for all sides that is fair for those on the streets as well as for the many millions who choose not to go on the streets is to discuss and resolve these differences through the parliamentary process,” he said.
But Pannika Wanich, a co-leader of the opposition group called Progresive Movement, said an arrest of a student activist just after Prayut’s speech showed the government was being insincere.
“I thought you said we should take a step back and discuss in the Parliament instead. The PM’s words are just empty mouth air,” Panniwa tweeted. “You are stepping into and infringing on citizens’ rights.”
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- WHRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Thailand
- Initial Date
- Oct 20, 2020
- Event Description
Two key student activists were freed on bail last night only to be immediately detained again.
Panusaya “Rung” Sithijirawattanakul and Parit “Penguin” Chiwarak were taken to the Border Police Bureau Region 1 in Pathum Thani province and, according to Thai Lawyers for Human Rights, face another three to four charges each. The movement had demanded the release of all those detained last night, teasing a “big surprise” that turned out to be nothing more than a provocation to keep security forces on their toes.
At 10am this morning, protest organizer Free Youth was teasing the public again, this time that noon would bring an “important announcement.” The group also vowed “no tricks” this time.
While unprecedented displays of anger toward the monarchy have been displayed in the street, movement leaders maintain that they simply want reforms of the institution.
“The people’s demands are not to overthrow, but to offer a solution that brings Thailand back to a democracy where the kings are truly under the constitution,” Free Youth wrote this morning via Telegram.
One of their primary targets – Prime Minister Gen. Prayuth Chan-o-cha – said yesterday that the government’s primary responsibility is to “protect the monarchy.”
As to the controversial order for Voice TV to shut down, Prayuth asked the police to reconsider. However, he said any media agency found to spread “fake news” or have bad intentions should be censored.
Yesterday’s “big surprise” at 6pm was a fake out, but pro-democracy supporters at 6pm flashed three-finger salutes, sang the national anthem and denounced feudalism at BTS stations throughout the capital.
The country’s oldest hospital, Siriraj, announced that it would treat every patient equally and without discrimination “regardless of their political stance.” Its statement came days after police in full riot gear shot water cannons – believed to be mixed with a chemical irritant – to disperse the crowd on Friday.
With nearly 400 doctors nationwide signing in a joint statement demanding the authorities refrain from violence, at least one doctor was fired from Mongkutwattana General Hospital with the hospital’s director reasoning they he doesn’t tolerate employees “allied with the king’s enemies.”
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Student, WHRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Thailand
- Initial Date
- Oct 20, 2020
- Event Description
The Criminal Court today ordered broadcaster Voice TV to halt all online operations after finding it guilty of computer crimes and violating the state of emergency.
The court made its ruling, which affects the independent broadcaster’s website and social media, based on evidence presented by the Digital Economy and Society Ministry, according to ministry official Putchapong Nodthaisong.
“Its Facebook page will be closed within 3 to 4 days. There is no specific date,” he said, citing a provision that service providers must page content that is deemed to instigate the public.
He said the ruling only applied to online because broadcast was the purview of state telecom regulators.
“Television is the National Broadcasting and Telecommunications Commission’s responsibility, so they have authority to revoke the license.”
Voice TV at 1:30pm said it had yet to receive the order and defended its commitment to fairness and a free press.
“Throughout 11 years, Voice TV has been a media outlet that upholds democratic values,” the station said via Facebook. “We openly, transparently provide a space for the public, and we are responsible to report every fact from all sides … We demand the authorities involved exercise their power fairly.”
Voice TV, founded by a son of an ousted prime minister, is a frequent target of the military-backed regime and has been ordered to cease broadcasting in the past. On Monday, it was one of four agencies the police ordered investigated and shut down in the face of swelling protests across the nation against the government.
Putchapong weighed in with his opinion that the channel had violated the emergency decree, put in place over the capital Thursday, because its broadcast persuaded people to join the mass gatherings.
The government has refused to back down in the face of protests it has been unable to contain and has moved to muzzle coverage it does not deem favorable.
Yesterday, police ordered that four news agencies – Prachathai, The Reporters, The Standard and Voice TV – be investigated and shut down, as well as the page of main student activist group Free Youth. However, today’s court ruling only applies to Voice TV.
Yesterday, a number of media associations lodged formal protests against the move.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Censorship, Enactment of repressive legislation and policies, Judicial Harassment, Online Attack and Harassment
- Rights Concerned
- Media freedom, Online, Right to liberty and security
- HRD
- Media Worker, NGO
- Perpetrator-State
- Government, Judiciary
- Source
- Monitoring Status
- Active
- Country
- Cambodia
- Initial Date
- Oct 20, 2020
- Event Description
On 20 October 2020, the Court of Appeal in Phnom Penh denied the bail motion against the detention of three human rights defenders from Mother Nature Cambodia; Thun Ratha, Long Kunthea and Phoung Keorasmey. They were charged with “incitement to commit a felony or social unrest” on 6 September 2020. The charge is based on information they shared on social media about their plans to organise a one-woman march to the Prime Minister’s house to raise environmental concerns over the filling in of the Boeung Tamoke lake in Phnom Penh. The defenders are currently under pre-trial detention at Phnom Penh's Correctional Centres 1 and 2.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- NGO staff, WHRD, Youth
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Active
- Country
- Myanmar
- Initial Date
- Oct 20, 2020
- Event Description
Police have opened a case against four students who were arrested on October 19 after staging a protest against the government and military in the Arakan State capital Sittwe.
“Police have opened a case against them under Section 505(b) of the Penal Code for committing sedition and causing public disturbances,” said lawyer U Kyaw Nyint Maung.
Section 505(b) criminalises statements “likely to cause fear or alarm to the public, or to any section of the public, whereby any person may be induced to commit an offence against the State or against the public tranquility.” It carries with it a maximum sentence of two years in prison.
Police Major Zaw Naing of the Sittwe Township Police filed a complaint against them on Tuesday and a court hearing is scheduled for November 3.
Dozens of people joined Monday’s protest, which was organised by the Arakan Students’ Union.
Prosecuting student protesters is no way to address their grievances, said the chairman of the Sittwe University Students Union, Ko Toe Toe Aung.
“Those who are doing the prosecuting should be aware that people have voiced criticisms because they [the targets of protest] are doing wrong. If they were not doing anything wrong, we wouldn’t need to stage protests and end up in police stations and prisons,” he said.
Two of the four detained students are also facing lawsuits under the Peaceful Assembly and Procession Law for staging a demonstration against alleged human rights violations in Arakan State in early September.
Recently, two students from the All Burma Federation of Student Unions who staged an anti-war protest in Mandalay were each sentenced to a total of five years in prison and have another court hearing scheduled for October 21.
Beginning in September, more than a dozen people have seen charges brought against them under the Peaceful Assembly Law, the Natural Disaster Management Law and the Penal Code for staging demonstrations against armed conflict, human rights abuses and internet restrictions in Arakan State.
- Impact of Event
- 4
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Student, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Oct 17, 2020
- Event Description
The 17 October protests: 8 people were arrested. 6 were charged in Bangkok and taken for questioning at the Border Patrol Police Region 1 headquarters in Pathum Thani. 1 was charged over his participation in a 22 August protest in Ubon Ratchathani, and another was charged and questioned at Pattaya Police Station for violating the Computer Crimes Act.
- Impact of Event
- 8
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Pro-democracy defender, Student, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Thailand
- Initial Date
- Oct 16, 2020
- Event Description
Police in full riot gear have used water cannons to crackdown on thousands of protesters gathering at the Pathumwan Intersection, defying the ban on mass gatherings imposed during the severe state of emergency.
The protest, which was scheduled to begin at 17.00 on 16 October, was originally planned to take place at the Ratchaprasong Intersection, where a mass protest also took place yesterday (15 October) following the crackdown on the protest at the Government House in the early morning of 15 October.
However, by 15.00, police officers have already set up barriers at the Ratchaprasong Intersection and the Pratunam Intersection, blocking off the area. They also blocked smaller streets and stopped pedestrians and vehicles from going into the area.
Police officers also raided the offices of the Progressive Movement, a group formed by banned members of the now-dissolved Future Forward Party, during Piyabutr Saengkanokkul’s press conference.
At 16.30, police in full riot gear were seen lining up at the Ratchaprasong Intersection, blocking off traffic. Officers carrying batons were also seen near the police headquarters.
The student activist group Free Youth then announced that the protest will be moving to the Pathumwan Intersection.
By 17.00, protesters have already occupied half of the intersection, and Phayathai Road was closed from the MBK shopping centre towards the Ratchatewi BTS Station.
Prior to the protest, the BTS Sky Train announced that the Ratchatewi Station and Ratchadamri Station have been closed. After the location change, the Siam Station and the National Stadium Station were also closed. The Bangkok Mass Transit Authority also announced that all public bus and van will not be traveling close to the protest area and will not stop at any stop within the 5-kilometre radius of the Ratchaprasong Intersection. The Samyan MRT Station was also later closed.
At 18.50, as it began to rain heavily, police officers in full riot gears moved into the area near the Siam BTS Station and fired water cannons at the protesters, as well as pushing into them with their shields. There were reports that the water contained chemical irritants and was stained blue with long-lasting paint, as well as reports of the police using a Long Range Acoustic Device (LRAD).
On Phayathai Road, a large crowd of protesters, many of whom were high school students in uniforms, ran out from the Pathumwan Intersection and into the nearby Chulalongkorn University, where the student group Nisit Chula Party have designated a safe zone and have been on standby in case of a crackdown. Student representatives stood by the gates with megaphones telling protesters to come inside the campus.
People gathered at the Faculty of Political Science, where student volunteers and several lecturers were handing out bottles of water and organizing people into groups so they can leave through the nearest gate to the closest BTS and MRT stations. They also provided ammonia and water for people who got sprayed with the blue paint to clean themselves, as well as handing out shirts for them to change.
At 18.57, police officers were ordered to drop their shield and arrest the protesters. There were also reports of officers preparing use tear gas on the protesters.
At 19.20, the police reportedly used tear gas in the Siam BTS Station area, according to a nearby Prachatai reporter and an observer from iLaw, who said they were hit with some kind of chemical irritant. A reporter from PPTV who was doing a live broadcast nearby also said that they felt some irritation on their face and in their eyes, and that the water the police fired at the protesters may have some chemical mixed in.
At 21.05, the police ordered all protesters and reporters to leave the Pathumwan Intersection area or be arrested. Five minutes later, they were firing water cannon at protesters on the Rama 1 side of the intersection and moving towards the National Stadium BTS Station.
At 22.25, shield-carrying officers marched to the Hua Chang bridge, near the Ratchatewi BTS Station, where a group of people are still gathering and announced that everyone must leave in 20 minutes. However, at 22.30, police officers fired water cannon at the group. Thai Lawyers for Human Rights (TLHR) also reported there was an announcement for the protesters, who were pushed back to the Ratchatewi Intersection, to be arrested.
TLHR also said that officers were running after protesters who ran into Soi Phaya Nak and arresting them, and that they also arrested a number of protesters closest to the police line.
At 23.15, traffic resumed at the Pathumwan Intersection.
TLHR said that at least 12 protesters were arrested during the 16 October crackdown and were brought to the Border Patrol Police Region 1 headquarters in Pathum Thani, including student activist Tattep Ruangprapaikitseree, a leading member of Free Youth, activist Anurak “Ford” Jentawanich, and Prachatai reporter Kitti Pantapak.
One of those arrested was an employee at a restaurant near Hua Chang Bridge. He was arrested at around 22.00 and also taken to the Border Patrol Police Region 1 headquarters.
Under the severe state of emergency, the government imposed a ban on gatherings of more than five people, allows state officials to arrest people and detain them for 30 days without informing them of the charges against them, and banned the publication of information that “could create fear,” affect national security, or damage public morale.
The protest organisers issued a statement condemning the use of force against the protesters, and announced that there will be another demonstration on Saturday (17 October) at 16.00 at a location that is still unspecified.
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical)
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Media Worker, Pro-democracy defender, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Thailand
- Initial Date
- Oct 16, 2020
- Event Description
By 18 October, 81 protestors, activists, guards, students and truck drivers have been arrested in connection with pro-democracy protests, according to Thai Lawyers for Human Rights (TLHR).
TLHR records that as of 12.00 on 18 Oct, 80 people had been arrested and 1 more was added to the count after a voice amplifier truck driver was arrested later that night as he returned from the protest at Victory Monument. He was charged the next morning and his voice amplifier equipment and truck were seized.
76 have been charged, 27 are currently in temporary detention and 8 are still in police custody.
The 16 October protest at Pathum Wan intersection where the police dispersed protesters using riot control and high-pressure water cannon: 12 were officially arrested including a Prachatai reporter, Kitti Pantapak, whose Facebook live report was interrupted as police grabbed his device. Kitti was released with 300 baht fine for defying a police order.
Another 3 were arrested and/or charged on 16 October for an incident on 14 October. Boonkueanoon Paothong and Ekkachai Hongkangwan were charged with harming Her Majesty the Queen's liberty under Section 110 of the Criminal Code. They were accused of blocking the Queen’s royal procession. Another was Somyot Prueksakasemsuk for his participation in the 19 September protest.
Somyot and Ekkachai, former lèse majesté prisoners, were denied bail and remanded at the Bangkok Remand Prison. Boonkueanoon was allow bail.
- Impact of Event
- 16
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Media Worker, Pro-democracy defender, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- India
- Initial Date
- Oct 16, 2020
- Event Description
A journalist working with The Caravan magazine was on Friday allegedly assaulted by a senior police officer in North Delhi and detained for nearly four hours while he was reporting on protests against the rape and murder of a 14-year-old girl in the area.
“Today [Friday] afternoon, the Delhi Police assaulted The Caravan India’s staffer Ahan Penkar while he was reporting,” the magazine tweeted. “ACP [Assistant Commissioner of Police] Ajay Kumar kicked and slapped Penkar inside the Model Town station premises. Penkar repeatedly told the police that he was a journalist and prominently displayed his press ID.”
However, the deputy commissioner of police, North West Delhi, on Saturday said that Penkar was seen protesting and was detained, after which he had said he was a journalist. The police have sent him a notice on the matter.
Penkar was reporting on a protest concerning the alleged rape and murder of a teenager in North Delhi, the magazine added. “Students and activists had gathered outside the Model Town police station to demand the registration of an FIR in the case,” it said. Caravan also shared a photo of the injuries on Penkar’s back.
Penkar later submitted a complaint to Delhi Commissioner of Police SN Srivastava. The journalist said that he saw a group of people gathered around the police station, demanding that the police file an FIR in the rape case.
Penkar said he was speaking to the 14-year-old girl’s aunt when the police began taking the protestors inside the station. He held up his press card and kept repeating that he was reporting the news, but the police took him inside too.
The journalist said that the police forcibly took his phone from him and deleted all the videos that he had recorded while reporting. “The police was abusing us the whole time and threatening us,” Penkar said in his complaint. “After a little time, the ACP Ajay Kumar came into the room holding a steel rod and threatened to beat us with the rod.”
Penkar added that Kumar kicked him in the face, back and shoulders. He also said that the police officer stamped on his ankle and threatened to register a case against him and others. The journalist added that he also saw the police beat up a Muslim man and a Sikh boy. He demanded an FIR against the police officers who assaulted him.
In August, three journalists from magazine were attacked by a mob in North East Delhi’s Subhash Mohalla neighbourhood while they were reporting on a story.
Journalists Prabhjit Singh, Shahid Tantray and their colleague were covering communal tensions that broke out in the area on the night of August 5, following the foundation-laying ceremony of the Ram temple in Ayodhya. In his complaint to the police, Singh said that had he not intervened, Tantray would have been beaten to death by the mob since he was a Muslim.
At a meeting organised by the Press Club of India on August 13, the journalists said that the Delhi Police had been helpless and scared of the mob.
Several journalists’ organisations had expressed outrage over the attack on Singh, Tantray and their colleague and demanded a first information report against the accused. The Editors Guild of India called the attack on the journalists “reprehensible” and demanded that the police take quick action against the guilty.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment, Violence (physical), Wounds and Injuries
- Rights Concerned
- Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Oct 16, 2020
- Event Description
The Thai authorities have issued an order under the Emergency Decree for the National Broadcasting and Telecommunications Commission (NBTC) and the Ministry of Digital Economy and Society (DES) to investigate and possibly suspend four online media outlets: Voice TV, Prachatai, The Reporters, and The Standard, as well as the Facebook page of the student activist group Free Youth, for their coverage of the recent protests in Thailand.
The order, dated 16 October 2020, was issued by police chief Pol Gen Suwat Chaengyodsuk, who was appointed the chief official in the severe state of emergency, and states that “it appears that there was a broadcasting of content that affects state security, peace and order, or the good morals of the people”, and that the NBTC and the DES have been ordered to investigate and to stop the broadcasting or order the removal of such content.
However, as of 9.50 on 19 October, the order had yet to be published on the Royal Gazette website.
The Reporters reported at 10.40 today (19 October) that DES Minister Puttipong Punnakanta confirmed that there was an order for the Ministry to investigate the four media outlets and the Free Youth Facebook page.
Puttipong also said that he has tasked the DES Permanent Secretary with pressing charges against social media users who have broken the law between 14 – 18 October 2020, and that the DES is investigating at least 300,000 URLs.
At 12.36, The Reporters reported again that DES Deputy Permanent Secretary Putchapong Nodthaisong said that the Ministry has already requested a court warrant and is ready to shut down any media outlet that violates the Emergency Decree if it receives an order. He also said that the Ministry may request to check an outlet’s equipment, suspend it, or confiscate its equipment, but whether a journalist reporting the content in question would also face charges has to be decided based on the journalist’s intention.
However, assistant national police chief Pol Lt Gen Jaruwat Waisaya told the Reporters that the order to investigate the media outlets mentioned above is not currently enforced, but that the police have asked the NBTC and the DES to investigate some of the content published by Voice TV, Prachatai, The Reporters, The Standard, and Free Youth’s Facebook page, as there was a complaint that these outlets published content that affected national security, peace and order, or the good morals of the people. He claimed that the authorities are not trying to obstruct press freedom or shutting down media outlets, but are only notifying relevant agencies to investigate information that could violate the Emergency Decree.
The Foreign Correspondents’ Club of Thailand (FCCT) issued a statement this morning (19 October) expressing concern about the order to investigate the media outlets and the threat to suspend these outlets.
“A free media is an essential element in any democratic society, and bona fide journalists should be allowed to report important developments without the threat of bans, suspensions, censorship or prosecution hanging over them,” says the statement, which also criticized the use of national security as a justification for such threat as “overly broad, and can easily be abused to silence reporting that is accurate but makes the government uncomfortable.”
The statement also says that such move is “likely to be ineffective and counterproductive in an age of social media” and that “it makes the government appear heavy-handed and unresponsive to criticism, and could stir up even more public anger.
“The professional membership of the FCCT urges the Thai authorities to reconsider censorship of media reporting, and drop the threats made against these particular media organisations,” concludes the statement.
The editorial board of Thai Enquirer, another Thai online media outlet, also issued a statement saying that “instead of dialogue, opening up discussion and press, the government has chosen to embrace its authoritarian roots and censor, shutdown, and intimidate journalists working to present the news” and called on the authorities to “rescind the gag order immediately and to engage in dialogue with the press, the opposition and the people.”
- Impact of Event
- 5
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Intimidation and Threats, Judicial Harassment, Online Attack and Harassment
- Rights Concerned
- Internet freedom, Media freedom, Online
- HRD
- Media Worker, Youth
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Active
- Country
- Thailand
- Initial Date
- Oct 15, 2020
- Event Description
After police dispersed the protest at Government House earlier this morning (15 October), over 20 protesters, including several protest leaders, have been arrested.
According to Thai Lawyers for Human Rights (TLHR), at least 27 known protesters have now been arrested after police invaded the protest site outside Government House and a severe state of emergency was declared this morning.
This includes protest leaders Anon Nampa, Prasit Karutarote, Parit Chiwarak, Panusaya Sithijirawattanakul, and Nutchanon Pairoj, along with 22 others.
As of 14.50, 4 people have already been released, including photographer Karnt Thassanaphak, who was taken to the Border Patrol Police Region 1 headquarters, and 3 civilians who were taken to Chanasongkhram Police Station.
Karnt was arrested alongside Parit at around 04.30 while he and Parit were in his car with two other students at the Nang Loeng Intersection. He said that a group of officers surrounded the car and, after presenting the arrest warrant, took Parit and the two students away in a van. The officers then searched Karnt and his car, and escorted him to the Border Patrol Police Region 1 headquarters in his own car.
Anon and Prasit, who were arrested on charges relating to an earlier demonstration in Chiang Mai, were reportedly taken by police aircraft without their lawyer and were expected to be brought to Chiang Mai. TLHR said that onboard were 5 officers from Provincial Police Region 5, 2 pilots, 2 mechanics, and officers from the Crime Suppression Division.
At 15.00, they arrived at the Wing 41 air force base in Chiang Mai, but it is not clear where they will be taken next.
Parit, Panusaya, and Nutchanon were arrested on charges relating to a demonstration at Thammasat University and are still in custody.
Panusaya and Nutchanon were arrested at 08.45 at their accommodation in Khao San Road, after Panusaya read out the People’s Party statement on the crackdown at 07.00.
After being presented with an arrest warrant, Panusaya tore the warrant and she and Nutchanon sat down on the floor in an act of resistance. The officers then put them into wheelchairs and took them to the Border Patrol Police Region 1 headquarters.
18 other civilians are also still being detained at the same headquarters.
There are reports that many protesters were arrested at the protest site at the Misakawan intersection they had left and were on their way to their accommodation near the area.
Contrary to reports from earlier in the day, student activist Panupong Jadnok has not been arrested.
Parit, Anon, Prasit, and Panusaya were charged with sedition, among other charges, while the other 18 people were charged with violating the Emergency Decree.
Under the severe state of emergency, gatherings of five or more people are banned and state officials may arrest people without first informing them of their charges. The order also bans the publication of information that “could create fear,” affect national security, or damage public morale.
The government claimed that the protesters “invited and incited illegal public assemblies in Bangkok” and that they intercepted a royal motorcade and committed actions that affect national security, and therefore “an urgent measure” is necessary to control the situation and “maintain peace and order.”
Tattep Ruangprapaikitseree, a leading member of the student activist group Free Youth and one of the few protest leaders still free, said that the situation is almost no different from a coup and called for people to join the protest at 16.00 at the Ratchaprasong intersection.
Ming Yu Hah, Amnesty International’s Deputy Regional Director for Campaigns, also issued a statement saying that the “vague, drastic order” will lead to more unfair arrests, detentions, and prosecutions, and that the scale of the morning’s arrests “seems completely unjustified” as yesterday’s protest was “overwhelmingly peaceful.”
The statement also noted that the order was “clearly designed to stamp out dissent and sow fear in anyone who sympathizes with the protesters’ views,” and called for the immediate and unconditional release of the arrested protesters and for those arrested to have access to legal counsel.
“These arrests and sudden emergency measures, announced in the middle of the night, are just the latest escalation in Thailand’s current onslaught on freedom of expression and peaceful assembly,” said the statement.
“Instead of ruling by decree and mass arrests, the Thai authorities must reverse course. They must comply with their international obligations to respect the rights of anyone who simply wishes to peacefully speak their mind, on social media or in the streets.”
Charles Santiago, Malaysian MP and Chair of the ASEAN Parliamentarian for Human Rights (APHR), also said “This emergency decree issued by Thai authorities is nothing but an excuse to shut down the peaceful protests that have swept across the country in recent months. The thousands that have taken to the streets in Bangkok, and nationwide, have done so peacefully, and are fully entitled to raise concerns about the current state of democracy in Thailand.
“Instead of introducing measures to end the protests, and arresting its leaders, Thai authorities should listen to the concerns those demonstrating are raising. They might find that their suggestions could benefit the entire country, and not merely a select few, as Thailand’s politics has done for so long.”
- Impact of Event
- 33
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community), Woman
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- #COVID-19, Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Lawyer, Pro-democracy defender, Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Thailand
- Initial Date
- Oct 14, 2020
- Event Description
Political activist Jatupat "Pai Daodin" Boonpatararaksa who was detained along with 20 others during Tuesday's anti-government protest at Democracy Monument will remain in police custody after the Criminal Court yesterday approved a police request to detain him for 12 more days while investigating his alleged "wrongdoing".
He was yesterday brought from the Border Patrol Police Region 1's headquarters in Pathum Thani, where he was detained the previous night, to the Criminal Court on Ratchadaphisek Road.
He was arrested on Tuesday when he and other protesters set up tents in front of a McDonald's restaurant close to Democracy Monument on Ratchadamnoen Avenue and Satriwithaya School, where His Majesty the King was to pass by in a royal motorcade heading to the Grand Palace, where royal ceremonies were to be held to mark the fourth anniversary of the passing of His Majesty King Bhumibol Adulyadej The Great.
Mr Jatupat and his group's refusal to make way for the motorcade prompted police to arrest him and other protest co-leaders.
Mr Jatupat faces 12 charges in connection with Tuesday's protest, while 19 other co-leaders and protesters are facing 10 charges, said Kritsadang Nutcharat, a lawyer from Thai Lawyers for Human Rights.
The two additional charges Mr Jatupat faces are leading or ordering a gathering of more than 10 people causing public unrest, and jointly organising a public gathering without securing permission from authorities as required under the public gathering law, said the lawyer.
Mr Jatupat and the 19 other protesters are facing 10 other charges as well, including resisting orders by security authorities, using loudspeakers without permission, colluding to obstruct traffic, and violating public cleanliness.
Political activist Jatupat “Pai Dao Din” Boonpatararaksa was detained along with 20 others during Tuesday’s anti-government protest at the Democracy Monument. The veteran dissident will continue to be held in custody after the Criminal Court on Wednesday approved a police request to further detain him for 12 days while investigating his alleged misconduct.
Mr Jatupat is facing 12 charges in connection with Tuesday’s protest, while 19 others are facing 10 charges, said Kritsadang Nutcharat, a lawyer from Thai Lawyers for Human Rights.
The activist was brought from the headquarters of the Border Patrol Police Region 1 in Pathum Thani, where he was detained the previous night, to the Criminal Court on Ratchadaphisek Road on Wednesday.
One protester is yet to be charged because police first need to complete a process required under the Youth Act in dealing with an underaged criminal suspect, said the lawyer.
The two additional charges Mr Jatupat is facing are leading or ordering a gathering of more than 10 people that caused public unrest, and jointly organising a public gathering without securing permission from authorities as required under the public gathering law, said the lawyer.
The other ten charges levelled at Mr Jatupat and the other 19 protesters are: colluding to gather in a group of more than 10 people, colluding to cause public unrest, colluding to organise an activity that risks spreading a communicable disease, colluding to obstruct public thoroughfares, colluding to obstruct traffic, violating the law on public cleanliness, colluding to physically assault others, colluding to damage property, resisting orders by security authorities, and using loudspeakers without permission.
- Impact of Event
- 25
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to fair trial, Right to liberty and security
- HRD
- Pro-democracy defender, WHRD, Youth
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Active
- Country
- Thailand
- Initial Date
- Oct 13, 2020
- Event Description
The Thai authorities should immediately drop all charges and unconditionally release democracy activists arrested for peacefully protesting in Bangkok on October 13, 2020, Human Rights Watch said today.
At approximately 3:40 p.m., police forcibly dispersed a pro-democracy protest organized by the People’s Group at Bangkok’s Democracy Monument. Police kicked, punched, and threw some protesters to the ground. Some protesters threw paint at police who were arresting them. The police charged those arrested with intent to cause violence, using loudspeakers without permission, and several other offenses.
“The Thai government’s breakup of a peaceful democracy protest at Bangkok’s Democracy Monument just proved the protesters’ point,” said Brad Adams, Asia director at Human Rights Watch. “The charges against the protesters should be dropped and they should be immediately and unconditionally released.”
Police arrested 21 of the approximately 200 protesters, including the protest leader, Jatuphat “Pai Dao Din” Boonpattararaksa. The protesters were being detained for interrogation at the 1st Region Border Patrol Police Camp in Pathumthani province, north of Bangkok. The police have prevented lawyers from Thai Lawyers for Human Rights from meeting with the arrested activists. Since July 18, youth-led coalitions have organized peaceful protests across Thailand calling for the dissolution of Parliament, a new constitution, and an end to authorities harassing people who exercise their right to freedom of expression. Some of the protests later included demands for reform of the institution of the monarchy to limit the king’s powers.
Prime Minister Gen. Prayut Chan-ocha recently dropped his previous pledge to listen to dissenting voices and adopted a more hostile stance toward pro-democracy protests. Thai Lawyers for Human Rights has reported that at least 65 protesters face illegal assembly charges for holding peaceful protests in Bangkok and other provinces. Some protest leaders have also been charged with sedition, which carries a maximum seven-year prison term, for making demands regarding reform of the monarchy.
International human rights law, reflected in the International Covenant on Civil and Political Rights (ICCPR), which Thailand ratified in 1996, protects the rights to freedom of expression and peaceful assembly. Thai authorities have routinely censored and halted public discussions about human rights, political reforms, and the role of the monarchy in society. Since the military coup in 2014, the authorities have prosecuted hundreds of activists and dissidents on serious criminal charges such as sedition, computer-related crimes, and lese majeste (insulting the monarchy) for the peaceful expression of their views.
The Thai government’s hostility to the exercise of civil and political rights has intensified over the past five months as authorities have imposed draconian state of emergency measures in response to the Covid-19 pandemic. The authorities have increasingly used those measures as a pretext to ban anti-government rallies and harass pro-democracy activists, Human Rights Watch said.
“The Democracy Monument arrests raise serious concerns that the government will impose even harsher repression of people’s fundamental freedoms in Thailand,” Adams said. “Thailand’s international friends should call on the government to stop arresting peaceful protesters, listen to their views, and allow them to freely and safely express their visions for the future.”
- Impact of Event
- 22
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community), Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical)
- Rights Concerned
- #COVID-19, Freedom of association, Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Pro-democracy defender, WHRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- India
- Initial Date
- Oct 8, 2020
- Event Description
An 83-year-old Jesuit priest has been arrested by the National Investigation Agency (NIA) in connection with the probe into the 2018 violence in Maharashtra's Koregaon-Bhima village.
Father Stan Swamy, an activist working with tribals, was picked up from his home in Jharkhand capital Ranchi by a team of NIA officials from Delhi. The officials reportedly spent around 20 minutes at his home before taking him away.
The arrest has sparked outrage. Author and historian Ramachandra Guha said Stan Swamy has spent a "lifetime fighting for the rights of adivasis."
"That is why the Modi regime seeks to suppress and silence them; because for this regime, the profits of mining companies take precedence over the lives and livelihoods of adivasis," Mr Guha tweeted.
Lawyer-activist Prashant Bhushan tweeted, "...Now arrested by the NIA under UAPA! The venality of this BJP govt & NIA knows no bounds (sic)."
The probe agency claimed that Stan Swamy is a member of the banned Communist Party of India-Maoist (CPI-Maoist) and was "actively involved in its activities".
"He also received funds through an associate for furtherance of the CPI (Maoist) activities," officials of the probe agency said.
The agency said documents and propaganda material of the CPI (Maoist) and literature were seized from Stan Swamy, adding that he was in contact with the other accused in the Koregaon-Bhima case.
"The NIA is after me. I'm being pressurised to go to Bombay... The NIA questioned me for 15 hours... I'm being called to the Mumbai office of the NIA. I refuse to go there. I am 83 and have health issues. I don't want to expose myself to the coronavirus. I have never been to Bhima Koregaon," Stan Swamy had said in a video on October 6.
"If NIA wants to question me, they can do so via video-conferencing," he said.
Several prominent activists, scholars and lawyers have been jailed for over two years while they await trial.
Stan Swamy, who has several health issues, is the oldest person to be in custody in the Koregaon-Bhima case. He has been questioned several times in the past in connection with the case. Originally from Kerala, Stan Swamy has been working for tribals in Jharkhand for over five decades.
The case relates to an event on December 31, 2017 in Pune which was followed by violence and arson in Maharashtra that left one person dead.
Investigators claim that the activists at the Elgar Parishad meet had made inflammatory speeches and provocative statements, which it said had triggered violence the next day.
Last month, the Supreme Court declined to entertain a plea for an interim bail on medical grounds by lawyer-activist Sudha Bharadwaj, who is among the accused in the case. Ms Bharadwaj, 58, has been in jail in Mumbai for over two years and is suffering from diabetes and comorbidities and wanted interim bail so that she could take a medical check-up, her lawyer had said.
The investigation also claimed to have uncovered a plot to assassinate Prime Minister Narendra Modi.
During the investigation, the NIA said, it was revealed that senior leaders of the CPI (Maoist), a banned organisation under the Unlawful Activities (Prevention) Act, were in contact with the organisers of the Elgar Parishad event as well as the accused arrested in the case to spread Maoist and Naxal ideology and encourage unlawful activities.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment, Vilification
- Rights Concerned
- Right to liberty and security
- HRD
- Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Oct 7, 2020
- Event Description
A former lawyer from the Arakan State capital Sittwe was charged at the township court under the Telecommunications Law’s Section 66(d), a notorious defamation provision, on October 7.
The accused, U Thar Pwint, said he had shared posts on social media about the deaths of civilians in Arakan State amid ongoing armed conflict in the region.
“I was sued without any reason. If I was sued for sharing posts, the person who put up the post should be the No. 1 accused,” said U Thar Pwint. “Secondly, I was not the only person who shared the post. If there are 20 who shared the post, all these people have to be sued. The reason for me is they don’t like me.”
Major Kyaw Zaw of a local Tatmadaw engineering unit filed the case as plaintiff under Section 66(d) of the Telecommunications Law, which threatens up to three years in prison for anyone “extorting, coercing, restraining wrongfully, defaming, disturbing, causing undue influence or threatening to any person by using any Telecommunications Network.”
U Thar Pwint has been released on bail but will face his first court hearing on October 21.
Another Sittwe resident, U Soe Naing, was sued in August under 66(d) for allegedly making comments about the government on social media.
“There are things relating to the government and there are also things not relating to the government. I was not blaming the government but just commenting as a citizen on what they have said and done,” U Soe Naing said.
“Dear war victims, please honour the government for giving us a bar of soap to protect against coronavirus,” reads one of U Soe Naing’s Facebook posts. “We’d like to know whether the [Chief Minister] U Nyi Pu government, which said it has responsibility and accountability, has any plan to resign or not.”
“The government, the Tatmadaw, the leaders must bear political criticisms,” said Ma Thet Su Pyae Eain, a researcher for the freedom of expression advocacy group Athan. “We criticise the filing of lawsuits under such sections. All the cases filed against them should be withdrawn as soon as possible. Only then can we carry on with good democracy.”
In the first four years of the National League for Democracy (NLD) government’s five-year term, cases involving violations of free expression were filed against 1,051 people, according to a July report from Athan.
Charges brought under the Telecommunications Law topped the list.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- #COVID-19, Online, Right to liberty and security
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Singapore
- Initial Date
- Oct 6, 2020
- Event Description
The trial for Prime Minister Lee Hsien Loong's defamation suit against writer and financial adviser Leong Sze Hian opened on Tuesday (Oct 6).
The trial is set to run for the rest of the week before Justice Aedit Abdullah, with Mr Lee represented by Senior Counsel Davinder Singh and a team of lawyers, and opposition politician Lim Tean representing Mr Leong.
Mr Lee, 68, sued Mr Leong in late 2018 over a public Facebook post the latter shared on his page on Nov 7, 2018, containing a link to an article by Malaysian website The Coverage.
The article alleged that Mr Lee had helped former Malaysian prime minister Najib Razak launder money in relation to scandal-hit Malaysian state fund 1Malaysia Development Berhad (1MDB).
Mr Lee's lawyers said the post contained "false and baseless" allegations that were "highly defamatory", including a purportedly libellous allegation that Mr Lee was "complicit in criminal activity relating to 1MDB".
Mr Leong, 66, said in December 2018 that he had complied with a notice from the Info-communications Media Development Authority on Nov 10 to take down the offending post, adding that he had "merely shared" the article with no comments.
After the suit was filed, Mr Leong's lawyer filed a counterclaim alleging that Mr Lee's libel suit was an abuse of court, but this was thrown out by the High Court and later by the Court of Appeal.
The apex court ordered Mr Leong to pay the Prime Minister costs of S$20,000 in September last year, after reiterating that the argument of abuse of court was not part of the law of Singapore and that a plaintiff has the right to choose who to sue for defamation.
Mr Lee arrived by car shortly past 9.30am on Tuesday, in a grey suit and a pale green tie. He waved to the people in the public gallery when he entered the courtroom. There is a limit of 20 people because of COVID-19 safe distancing measures.
Mr Lim and Mr Leong gave remarks to the media outside the Supreme Court before entering at about 9.45am, with Mr Leong saying he was armed only with the "sword of truth".
Members of the public queued for tickets to the public gallery from as early as 5.30am, and tickets were issued by 7am.
The trial comes after Mr Leong's lawyer was arrested on Friday (2 Oct)for alleged offences of criminal breach of trust and stalking.
He was released later that day.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Blogger/ Social Media Activist
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Oct 6, 2020
- Event Description
Vietnam’s security forces have detained prominent human rights defender and democracy campaigner Pham Doan Trang as the communist government has tightened control to clear all political opposition while the ruling Communist Party of Vietnam (CPV) is preparing for its 13th National Congress scheduled for early 2021.
Ms. Trang was arrested in the late night of October 6, few hours after the 24th Annual Human Rights Dialogue between the US and Vietnam held in Hanoi, when she was in a rent apartment in Ho Chi Minh City, the southern economic hub she has lived in the past three years while being chased by the Vietnamese security forces. According to her landlord, during the arrest, police officers showed the arrest warrant on which she was charged with “conducting anti-state propaganda” under Article 117 of the Criminal Code with a maximum punishment of 20 years in prison if she is convicted.
The state-controlled media has yet covered the arrest. It is expected that the Ministry of Public Security will announce the information about her detention soon as she is among high-risk human rights defenders in the Southeast Asian nation.
Ms. Trang, 42, is a former journalist for the official streamlined newswire VietnamNet. She left the outlet and went to study in the US and involved in activism, becoming one of the leading figures working for human rights and multi-party democracy in Vietnam.
She is a prominent and outspoken journalist, activist, and blogger whose writing covers a wide range of topics including LGBT rights, women’s rights, environmental issues, the territorial conflict between Vietnam and China, police brutality, suppression of activists, and law and human rights. Her book, Chính trị Bình dân (Politics for the Common People), a kind of primer for budding activists, was published in samizdat form in September 2017. She has produced a number of political books such as Phản kháng phi bạo lực (Non-violent Resistance), Politics of Police State, and Cẩm nang nuôi tù (Handbook for Prisoners’ Families). She is one of the authors of Việ Nam & Tranh chấp Biển Đông (Vietnam and the Conflict on the East Sea), published by Tri Thuc Publishing House in Vietnam.
On September 25, she and Vietnamese American Willian Nguyen publicized the 3rd edition of Dong Tam Report, the comprehensive report about the bloody attack of Vietnam’s security forces in Dong Tam commune, Hanoi on January 9 this year and the first-instance hearing to try 29 land petitioners who were charged with “murders” of three police officers and “resisting on-duty state officials” during the raid. It is worth noting that three out of the five co-authors of the first and the second editions of Dong Tam Report, former prisoner of conscience Can Thi Theu and her two sons Trinh Ba Phuong and Trinh Ba Tu were arrested on June 24, also charged with “conducting anti-state propaganda.”
Trang is also a street activist who is committed to peaceful protest. She has joined demonstrations outside police stations and at airports when fellow activists were detained, participated in nationalist protests about China’s violations of Vietnam’s sovereignty in the East Sea (South China Sea), and pro-environmental marches. She has been beaten and detained many times in the past five years.
Trang is the editor for the website Vietnam Right Now, which aims to distribute “objective, accurate, and timely information on the current social and political conditions in Vietnam today.” She is also a co-founder and an editor of the Vietnam Legal Initiative, a US-based NGO working to promote human rights, civil rights, and democracy in Vietnam.
Her writing and activism have addressed a broad human rights agenda, from the rights to freedom of expression, freedom of the press, freedom of assembly, freedom of association, and other rights, including the right to remain silent. As a journalist and blogger, she also focuses on the role of media in social and political life and remains especially concerned with freedom of information on the internet and freedom of the press.
In 2018, Trang was awarded the Homo Homini Award by the Czech-based human rights organization People In Need which considers her “one of the leading figures of the contemporary Vietnamese dissent. She uses plain words to fight the lack of freedom, corruption, and the despotism of the communist regime.”
Last year, the Paris-based Reporters Without Borders (RSF) presented her with Award For Work to Improve Journalistic Freedom. In March this year, the Liberal Publishing House under her leadership was honored with Prix Voltaire by the International Publishers’ Association.
Responding to her arrest, Phil Robertson, deputy chief of Southeast Asia Office of Human Rights Watch stated “Vietnam’s scorched earth response to political dissent is on display for all to see with the arrest of prominent blogger and author Pham Doan Trang. Despite suffering years of systemic government harassment, including severe physical attacks, she has remained faithful to her principles of peaceful advocacy for human rights and democracy. Her thoughtful approach to reforms, and demands for people’s real participation in their governance, are messages the Vietnam government should listen to and respect, not repress. Human Rights Watch strongly condemns Vietnam’s arrest of Pham Doan Trang. Every day she spends behind bars is a grave injustice that violates Vietnam’s international human rights commitments and brings dishonor to the government. Governments around the world and the UN must prioritize her case, speak out loudly and consistently on her behalf, and demand her immediate and unconditional release.”
The ruling Communist Party of Vietnam’s Central Committee is conducting the 13th Plenum in Hanoi on October 5-10 to prepare for the party 13th National Congress slated in early January. Months ahead of the congress which takes for every five years, Vietnam’s security forces have tightened social security and intensified crackdown on political dissidents, social activists, and human rights defenders.
So far this year, Vietnam has arrested 25 activists and 29 Dong Tam land petitioners, raising the number of prisoners of conscience to 258, according to the latest statistics of Defend the Defenders.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of movement, Offline, Online, Right to liberty and security
- HRD
- Blogger/ Social Media Activist, Pro-democracy defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Oct 5, 2020
- Event Description
The Uttar Pradesh Police has booked Malayalam journalist Siddique Kappan and three others for sedition as well as under the stringent UAPA, a day after they were stopped on their way to Hathras, home to a Dalit woman who died after being allegedly gang-raped. Siddique from Malappuram, Atiq-ur Rehman from Muzaffarnagar, Masood Ahmed from Bahraich and Alam from Rampur have been booked by the Mathura police. Siddique Kappan is a senior Delhi-based journalist, doing freelance work for several Malayalam media houses, including azhimukham.com.
The FIR (first information report) copy, accessed by TNM, alleges that the four men had gone to disrupt the peace in Hathras and there is a big conspiracy behind their visit. The Uttar Pradesh police had earlier said that they had arrested them for having links with the Popular Front of India (PFI) and its affiliate in Mathura. However, the PFI link has not been mentioned in the FIR at all.
The FIR shows that the four have been booked under 153A (promoting enmity between different groups), 295-A (deliberate and malicious acts, intended to outrage religious feelings) and 124A (sedition) of the Indian Penal Code, as well as section 17 (punishment for raising funds for terrorist act) and 14 (punishment for unlawful activities) of the Unlawful Activities (Prevention) Act, 1967.
All the four have also been booked under section 65 (tampering with computer source documents), 72 (punishment for sending offensive messages through communication service) and 76 (punishment for violation of privacy) of the Information Technology (Amendment) Act, 2008.
The FIR also mentions the website, justiceforhathrasvictim.carrd.co, which had information on how to protest safely and avoid the police. The police have stated that the website incites violence and threatens the law and order situation. “The main intention of this website has been found to be to encourage communal hatred, cause unrest in the society and to spark riots on a large scale,” the FIR states, adding that the four have been arrested over “larger conspiracy”. The four accused have been accused of running the website and that it has been created under the garb of 'collecting funds' to incite violence. However, the PFI link has not been mentioned in the FIR.
The Uttar Pradesh police had on Monday said that it seized the mobile phones, laptops and some literature, which “could have an impact on peace and law and order”, from the arrested people. During interrogation, it came to light that the four arrested people had links with the PFI and its associate organisation Campus Front of India, the UP police had claimed.
The Delhi unit of Kerala Union of Working Journalists (KUWJ) has written to Prime Minister Narendra Modi and Uttar Pradesh Chief Minister Yogi Adityanath seeking his release, saying he was going to Hathras only to perform his duty as a reporter. Terming Kappan's arrest as illegal and unconstitutional, the KUWJ also filed a habeas corpus petition in the Supreme Court on Tuesday seeking his immediate production before the court and release from the "illegal detention".
Kappan is also the KUWJ's secretary and was proceeding to Hathras only to do his duty as a reporter, KUWJ's Delhi unit president Miji Jose told the Chief Minister in her letter, urging him to order his release.
"We understand that he was taken into custody by Uttar Pradesh police from Hathras toll plaza. Our efforts and the efforts by some advocates based in Delhi to contact him were not successful," KUWJ said.
Hathras has been in the news following the death of a 19-year-old Dalit woman who was allegedly gang-raped on September 14 in a village in the district. And her cremation at night, allegedly without the parents' consent, has triggered widespread outrage.
- Impact of Event
- 4
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment, Restrictions on Movement, Vilification
- Rights Concerned
- Freedom of movement, Offline, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Oct 2, 2020
- Event Description
With top Congress leaders like Rahul Gandhi and Priyanka Gandhi Vadra hitting the streets to highlight the Uttar Pradesh government’s mishandling of the Hathras gangrape-and-murder case, one would assume that since at least in the states where the party is in power, individuals’ right to protest would be honoured.
But in Maharashtra, particularly in Mumbai, that is not the case. The city police began tracking 24-year-old anti-caste activist Suvarna Salve at 1 am on October 2 and at the crack of dawn, they were at her doorstep armed with a legal notice to prevent her from participating in any protests in the city.
Suvarna, a student and cultural activist, says the police first called her on her cell phone at midnight and inquired about her whereabouts. “They asked me for my address and said they want to serve me a notice at 1 am. I informed them that I was away and they should not bother my family. But at around 7:15 am, the police were at my doorstep with a notice. My family received the notice,” she says.
The notice, typed in Marathi, stated that Salve was prohibited from participating in a “peaceful protest” organised by a Mumbai-based collective ‘Hum Bharat ke Log’ (We the People of India). Issued by the Marine Drive police station and signed by senior police inspector Mrityunjay Hiremath, the notice states:
“In the peaceful protest, banners and placards with messages like “Sab Nirbhay Bano, Loktantra Zinda Rakho, Savidhan ka SanmaaN karo” (Become fearless, keep democracy alive, respect the constitution) are to be displayed near a Gandhi statue at Madam Cama road.”
In the notice, issued under section 149 of the Criminal Procedure Code (CrPC), the police have quoted a whole bunch of sections, including those under the Maharashtra Police Act, the Epidemic Diseases Act and other sections of unlawful assembly claiming that during the COVID-19 pandemic, the public gathering is prohibited. Section 149 of the CrPC implies that every police officer may intervene for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence
Salve says while the sections applied are understandable, the motive behind serving a notice only to her is not. “It was supposed to be a public gathering. Several people had decided to participate. But they identify just a few in the crowd and serve a notice. How to even understand this behaviour,” she asks.
Besides Salve, at least two more persons who were to participate in the protest have been served with similar notices. Salve did not attend the protest and Firoze Mithiborewala, one of the protestors, confirmed that the police served similar notices to two teenagers who had assembled at the protest site.
Interestingly, when The Wire contacted the Marine Drive senior police inspector Hiremath to inquire about the grounds for issuing this notice, he said that he was not aware of it. “There is no protest organised within my jurisdiction. We have not issued any notice,” he claimed over the phone. The letter has his name and signature on it.
This is not the first time that the Mumbai police have served a notice on Salve. On August 29, The Wire, in a detailed piece had reported the Mumbai police’s attempt to classify Salve as a “habitual offender” and initiate the administrative procedure of “externment” against her. In that notice, the Mumbai police also demanded a whopping surety of Rs 50 lakh from her. The notice was served to her for participating in an impromptu protest organised in the city in January in the wake of the attack on students and faculty members inside the Jawaharlal Nehru University (JNU) campus.
Salve says she has been singled out and harassed by the current state dispensation. She says the police’s act of serving notices on her for every public appearance is crafted with a clear intention to profile and criminalise her.
Since her college days, Salve has been a vocal anti-caste voice, participating in protests and students’ agitations across India. In 2016, after the death of Rohith Vemula, a PhD scholar at the University of Hyderabad, which many described as an “institutional murder”, Salve joined the Joint Action Committee (JAC) formed to fight for justice for Vemula and other Bahujan students who face discrimination in campuses.
Salve told The Wire, “The protests that I have participated in have always been peaceful and organised against the atrocities and violations of human rights in the country. This protest [on October 2] was organised to register our protest against the inhuman treatment meted out to a Dalit family, whose 19-year-old daughter was allegedly gang-raped and killed. And the irony is, the Mumbai police identifies one Dalit woman and prohibits her from protesting.”
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Intimidation and Threats, Judicial Harassment, Restrictions on Movement, Surveillance
- Rights Concerned
- #COVID-19, Freedom of assembly, Freedom of movement, Offline, Right to healthy and safe environment
- HRD
- Family of HRD, Student, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Oct 2, 2020
- Event Description
A court in Shanghai recently handed down a secret sentence of three years' imprisonment to detained rights activist Chen Jianfang, a Chinese rights website reported.
"We learned on Oct. 2, 2020 that Shanghai human rights defender Chen Jianfang has been sentenced to three years' imprisonment for incitement to subvert state power," the Weiquanwang rights website reported, citing lawyer Liu Shihui.
"Chen Jianfang is currently being held in the Shanghai Detention Center. The authorities have so far not allowed her to meet with a defense attorney," the report said.
The sentence will run until Feb. 18, 2022, it said.
Chen, 49, a Shanghai-based housing activist was recently named as a recipient of the 4th Cao Shunli Memorial Award for Human Rights Defenders by Civil Rights & Livelihood Watch, Human Rights Campaign in China, and the Chinese Human Rights Defenders (CHRD) network.
The news of her secret sentencing came after her indictment by the state prosecutor on Aug. 30, and the transfer of her case to the Shanghai No. 1 Intermediate People's Court.
Chen's appointed defense lawyer Wu Li told RFA on Monday that she had been repeatedly denied permission to meet with her client.
"After she instructed us, she applied to the Shanghai No. 1 Intermediate Court, but it didn't approve her request, so we were never able to read the case files," Wu said. "Later, we requested information from the court about where she was being held, but they didn't tell us."
"I later learned that she is in the Shanghai No. 1 Detention Center, so I made an appointment, but they canceled it," Wu said. "The reason they gave was ridiculous: that only one meeting was permitted for each stage in the case."
Wu said unconfirmed reports suggest that Chen's family may have been forced to revoke her lawyer's instruction under pressure from the authorities.
Cao Shunli as model
Gu Guoping, a friend of Chen's, said her detention came after she penned an essay paying tribute rights activist Cao Shunli on the fifth anniversary of her death in police custody on March 14, 2014.
Gu said the charges could also be linked to the way in which the news of the Cao Shunli award was made public.
"She inadvertently disclosed the contact details of the chairman of the U.N. Human Rights Council to petitioners, and they also inadvertently leaked the news [of her award]," Gu said. "Then the authorities stopped her from going to Switzerland [to receive the award]."
Chen has been held incommunicado for more than six months on subversion charges, putting her at high risk of torture and other ill-treatment, rights groups say.
Chen was detained on March 20 alongside her husband, and the couple 'disappeared' for several months. Chen was formally arrested on suspicion of "subversion of state power" on May 22, while her husband was released on bail on April 3.
Her incommunicado detention was the subject of an appeal from four United Nations human rights experts to the Chinese government in August.
Chen, 49, who hails from a rural community, began defending land and housing rights after her family lost land to government-backed developers.
Her work has highlighted the widespread mass evictions behind Shanghai's skyscrapers and high-speed railways, key elements in China's development showcase that mask widespread abuses of residents' rights.
She has referred to Cao Shunli as "my spiritual teacher, from whom I learned some of the highest ideals."
"My own rights defense work is indivisible from what she taught me," Chen wrote to RFA at the time of the award.
Chen's sentencing comes at a time of worsening rights abuses under President Xi Jinping, who now looks set to rule indefinitely.
Cao was detained on Sept. 14, 2013, as she was boarding a flight to Geneva, where she was to attend a session of the U.N. Human Rights Council, where she hoped to participate in drafting China’s human rights action plans and reports for its U.N. human rights reviews.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Online, Right to fair trial, Right to healthy and safe environment, Right to liberty and security
- HRD
- WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Oct 1, 2020
- Event Description
Activist Meng Xiaodong (孟晓东) stood trial at Sui County Court in Shangqiu City on charges of “picking quarrels ” and “obstruction of credit card management” on October 1. The prosecution also accused him of “insulting others” on Twitter for his comments about former state leader Mao Zedong. He pled not guilty and his lawyers defended his innocence. No members of the public were allowed into the courthouse. The hearing ended without a verdict being pronounced. Since 2010, Meng has been active in defending local farmers’ land rights. On September 6, 2019, police from Sui County took Meng away from his home, first detaining him on suspicion of “picking quarrels” and later adding the allegations of “obstruction of credit card management” and “insulting others” on Twitter.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online, Right to fair trial, Right to liberty and security
- HRD
- Land rights defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Sep 30, 2020
- Event Description
A court in Hong Kong on Wednesday extended a travel ban on pro-democracy activist Joshua Wong in connection with an "illegal" protest last year, and for defying a government ban on mask-wearing in public.
The Eastern Magistrate's Court granted bail applications from Wong and co-defendant Koo Sze-yiu, who face charges of "taking part in an illegal assembly" on Oct. 5, 2019, before adjourning until Dec. 18.
But while it lifted a travel ban linked to bail for Koo, it extended the ban on Wong leaving Hong Kong.
Protesters and supporters gathered outside the courtroom, chanting: "Go Joshua Wong!" as dozens of uniformed police officers stood by, while a pro-China group showed up to shout insults and call for Wong's bail application to be denied.
Koo, who has stage IV cancer requiring chemotherapy and multiple surgeries, said public rallies don't need to seek the approval of the authorities before going ahead.
Wong, who faces a number of protest-related charges in separate cases, said he had no intention of giving up his activism.He said the extended travel ban was likely aimed at ensuring he can't promote the cause of the Hong Kong protesters overseas, as fellow activist Nathan Law has done.
"The prosecution once more applied for me to be prevented from leaving Hong Kong," he said. "The government wants to create a chilling effect under the guise of a criminal trial."
"By bringing case after case against me, they have succeeded in preventing me from leaving Hong Kong, to make it much harder for me to talk about Hong Kong's resistance movement to the rest of the world," he said.
"But what I have to put up with is nothing compared to the charges [faced by many others] of rioting, assault and conspiracy, not to mention the 12 Hongkongers [detained] in Shenzhen," Wong said.
He called on Hongkongers to remember the 12 detainees in Hong Kong, whose speedboat was seized by the China Coast Guard as they tried to flee to the democratic island of Taiwan.
March application turned down
Hong Kong police last week turned down an application to hold a protest march on China's Oct. 1 National Day public holiday, to call for the release of the 12 detainees.
"I believe that Hongkongers will use different methods, today, tomorrow, and in the future, to express their concern for them," Wong said.
Wong, 23, was arrested on Sept. 24 as he reported to Central Police Station in connection with another ongoing protest-related case.
He has already served several months' of prison time in connection with last year's anti-extradition and pro-democracy protests and the 2014 Occupy Central movement.
He continues to face six charges in three separate cases, including "inciting others to participate in an illegal assembly," "organizing an illegal assembly," and violating an emergency law banning masks in public.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment, Travel Restriction
- Rights Concerned
- Freedom of assembly, Freedom of movement, Offline, Online, Right to fair trial
- HRD
- Pro-democracy defender, Youth
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Pakistan
- Initial Date
- Sep 30, 2020
- Event Description
CIVICUS: World Alliance for Citizen Participation, Front Line Defenders, FIDH, in the framework of the Observatory for the Protection of Human Rights Defenders, the World Organisation Against Torture(OMCT), and the International Service for Human Rights strongly condemn the deliberate targeting of human rights defender Muhammed Ismail and his wife Uzlifat Ismail, the parents of woman human rights defender Gulalai Ismail. The authorities must halt the ongoing judicial harassment against Gulalai Ismail and her family, which is a direct reprisal due to her human rights work. Gulalai has multiple criminal complaints filed against her, including under regressive anti-terror laws. Since she was forced to leave Pakistan due to concerns for her safety, her parents have been targeted under the Penal Code, anti-terrorism laws and cyber security legislation. In the most recent incident, Pakistan authorities approached the Anti Terrorism Court in Peshawar, and filed a new case with charges that include sedition and terrorism. On 30 September 2020, the court charged the three defenders.
Muhammed Ismail is the Secretary-General of the Pakistan NGO Forum (PNF), an umbrella body of civil society organizations (CSOs) in Pakistan. He has been critical of human rights violations in the country, particularly the treatment of his daughter, human rights defender Gulalai Ismail. The woman human rights defender and her family have been targeted by Pakistani authorities in response to a speech she made in 2019, criticising the state/military response to the rape and murder of a minor girl. Since then, several First Information Reports have been subsequently filed against them, forcing Gulalai Ismail to leave Pakistan for her safety.
On 2 July 2020, the Anti-Terrorism Court (ATC) in Peshawar had acquitted Gulalai Ismail and her parents, Muhammad Ismail and Uzlifat Ismail, of charges related to financial terrorism. Two months since, the authorities moved the court and filed the same case with additional charges of terrorism, sedition and conspiracy against the State.
On 30 September 2020, the Anti-terrorism court in Peshawar heard the case and charged Muhammad Ismail, Uzlifat Ismail and Gulalai Ismail under Sections 11-N, 124-A, 120-B of the Pakistan Penal Code, which relate to sedition and criminal conspiracy, and 7(g)(i) of the Anti-terrorism Act of 1997. These charges carry heavy prison sentences. The defenders pleaded not guilty and are to appear for their next hearing on 26 October 2020.
Further to the court case, the Federal Bureau of Revenue has sent over ten letters to Muhammad Ismail and his wife, Uzlifat Ismail, asking them to file taxes for the past six years. However, Muhammad Ismail has not been running any business and does not have a regular monthly income and his wife is a home maker. The last date to file the tax was mentioned as 31 August 2020, however, the letters were only received on 1 September 2020. The family believe that this delay was intentional to further target them with additional legal proceedings.
Less than a year ago, on 24 October 2019, Muhammed Ismail was forcibly abducted from outside the Peshawar High Court by unidentified men. He was later found in the custody of Federal Investigation Agency’s Cyber Crimes Unit. He was charged under the Pakistan Electronic Crimes Act for “hate speech” and “spreading false information against government institutions”. The defender was granted conditional bail after spending a month in detention. However, on 20 April 2020, the defender was summoned for a court hearing after the Federal Investigation agency filed an appeal at the Peshawar High Court to revoke the conditional bail that was granted to the defender on 25 November 2019.
Muhammad Ismail and Uzlifat Ismail have also been placed on a government Exit Control List (ECL), preventing them from leaving Pakistan. Uzlifat Ismail has been unable to renew her passport as a result of her being placed on an ECL. Both, Muhammad and Uzlifat Ismail, suffer from serious medical conditions including hypertension, diabetes and kidney issues.
The actions of the Pakistani authorities in its targeting of the family are an attempt to silence Gulalai Ismail and punish her for advocating on human rights in Pakistan. Front Line Defenders, CIVICUS, FIDH, the World Organisation Against Torture(OMCT) and the International Service for Human Rights urge the authorities in Pakistan to immediately drop all charges against Muhammad Ismail and Uzlifat Ismail, as we believe that the human rights defenders are being targeted solely as a result of their legitimate and peaceful work in the defence of human rights. We urge the authorities to remove all restrictions on the free movement of Muhammad Ismail and Uzlifat Ismail, and cease all further forms of harassment against the defenders, as it is believed that these measures constitute a direct violation of their rights.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Offline, Right to healthy and safe environment
- HRD
- Family of HRD, Minority rights defender, NGO staff, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Sep 29, 2020
- Event Description
Zhongwei City police in Ningxia arrested several volunteers at a wildlife conservation group on numerous charges on September 29. Police announced Li Genshan (李根山), Zhang Baoqi (张保其), Niu Haobao (牛海波) and 8 unnamed individuals of the Zhongwei Mongolian Gazelle Patrol Team had been arrested for “picking quarrels and provoking trouble”, “extortion and bribery” & “illegal hunting.” The group used to chase poachers in the desert at night and shortly before being detained, had reportedly accused local forest police of sheltering poachers. Police seized Li, Zhang and Niu on September 9, 2020 and criminally detained them the next day for “picking quarrels,” “extortion and blackmail,” and “robbery.” On September 11, 2020, the police announced on its Weibo account that they arrested 6 more individuals but did not disclose any details. According to other volunteers of their group, three of the six detainees were from the group. By the end of September, 12 individuals remain in custody and two had been released on bail. Zhang’s son Zhang Hai applied for bail but the police rejected the application. In 2019, Li Genshan exposed that a paper manufacturer had been illegally discharging sewage in the Tengger Desert in Inner Mongolia for years, resulting in an investigation from the Ministry of Ecology and Environment.
- Impact of Event
- 12
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- Environmental rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Sep 29, 2020
- Event Description
The complete freezing of Amnesty International India’s bank accounts by the Government of India which it came to know on 10 September 2020, brings all the work being done by the organization to a grinding halt. The organisation has been compelled to let go of staff in India and pause all its ongoing campaign and research work. This is latest in the incessant witch-hunt of human rights organizations by the Government of India over unfounded and motivated allegations, Amnesty International India said today.
“The continuing crackdown on Amnesty International India over the last two years and the complete freezing of bank accounts is not accidental. The constant harassment by government agencies including the Enforcement Directorate is a result of our unequivocal calls for transparency in the government, more recently for accountability of the Delhi police and the Government of India regarding the grave human rights violations in Delhi riots and Jammu & Kashmir. For a movement that has done nothing but raise its voices against injustice, this latest attack is akin to freezing dissent,” said Avinash Kumar, Executive Director of Amnesty International India.
Amnesty International India stands in full compliance with all applicable Indian and international laws. For human rights work in India, it operates through a distinct model of raising funds domestically. More than four million Indians have supported Amnesty International India’s work in the last eight years and around 100,000 Indians have made financial contributions. These contributions evidently cannot have any relation with the Foreign Contribution (Regulation) Act, 2010. The fact that the Government is now portraying this lawful fundraising model as money-laundering is evidence that the overbroad legal framework is maliciously activated when human rights activists and groups challenge the government’s grave inactions and excesses.
The attacks on Amnesty International India and other outspoken human rights organizations, activists and human rights defenders is only an extension of the various repressive policies and sustained assault by the government on those who speak truth to power. “Treating human rights organisations like criminal enterprises and dissenting individuals as criminals without any credible evidence is a deliberate attempt by the Enforcement Directorate and Government of India to stoke a climate of fear and dismantle the critical voices in India. It reeks of fear and repression, ignores the human cost to this crackdown particularly during a pandemic and violates people’s basic rights to freedom of speech and expression, assembly, and association guaranteed by the Indian Constitution and international human rights law. Instead, as a global power and a member of the United Nations Human Rights Council, India must fearlessly welcome calls for accountability and justice,” said Avinash Kumar.
As part of the Nobel Prize winning movement, Amnesty International India holds itself to the highest evidentiary standards. Our work in India, as elsewhere, is to uphold universal human rights and build a global movement of people who take injustice personally. These are the same values that are enshrined in the Constitution of India and flow from a long and rich Indian tradition of pluralism, tolerance and peaceful dissent.
———
BACKGROUND: CHRONOLOGY OF ATTACKS AND HARASSMENT OF AMNESTY INTERNATIONAL INDIA:
On 25 October 2018, Amnesty International India endured a 10-hour-long raid as a group of officers from the Enforcement Directorate (ED), a financial investigation agency under the Ministry of Finance, entered its premises and locked the gates behind them. Most of the information and documents that were demanded during the search were already available in the public domain or filed with the relevant government authorities. The residence of a Director was also raided.
Immediately after the raid, the bank accounts were also frozen by the ED. As a result, Amnesty International India was forced to let go of a number of its staff, adversely affecting its work in India including with the marginalised communities. Despite the ongoing investigations and before the framing of charges, the Government of India started a smear campaign against Amnesty International India in the country through selective leaking of documents gathered by the ED, to government-aligned media outlets. This resulted in a malicious media trial against the organization.
In early 2019, the Department of Income Tax started sending investigative letters to more than 30 small regular donors. Apparently, the department did not find any irregularities but the process adversely affected the fundraising campaigns of Amnesty International India.
In June 2019, Amnesty International India was denied permission to hold the press conference launch in Srinagar to release its third ‘Lawless Law’ report on the misuse and abuse of Public Safety Act in Jammu and Kashmir. It was forced to digitally release it.
On 22 October 2019, Amnesty International testified at the US Congressional hearing on the situation of human rights in South Asia with specific focus on Jammu and Kashmir since the unilateral abrogation of Article 370 of the Constitution of India.
On 15 November 2019, two weeks after the testimony and amid rumours of impending arrests of the organizations top officials, the offices of Amnesty International India and the residence of one of its directors were raided again by the CBI. The raids were conducted on the basis of a First Information Report filed by the Ministry of Home Affairs over unsubstantiated allegations of suspected violations of Foreign Contribution Regulation Act. It suggested investigations be launched under other laws like Prevention of Money Laundering Act.
On 13 April 2020, Amnesty International India called on the Uttar Pradesh Government to stop its intimidation of journalists through use of repressive laws during a pandemic. On 15 April 2020, the Cyber Crime Police Station, Lucknow, Uttar Pradesh notified Twitter to furnish information about Amnesty International India’s Twitter account @AIIndia which the organization uses to monitor and analyse developments in international human rights law and Indian constitutional and criminal law related to human rights issues.
On 5 August 2020, marking the first anniversary of the abrogation of Article 370 of the Constitution of India, Amnesty International India released an update on the situation of human rights in Jammu and Kashmir.
On 28 August 2020, marking the six-month anniversary of the riots that took place in North-East Delhi in February 2020, Amnesty International India released an investigative brief on the complicity of Delhi police in the riots which claimed the lives of at least 53 people, mostly from the minority Muslim community.
The release of the two publications has provided fresh impetus to the establishment to harass and intimidate Amnesty International India through its investigative agencies.
On 10 September 2020 Amnesty International India came to know that all its bank accounts were completely frozen by the Enforcement Directorate bringing most of the work of the human rights organization to a grinding halt.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Administrative Harassment, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of association, Right to access to funding, Right to work
- HRD
- NGO
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Sep 28, 2020
- Event Description
Baguio-based online media outfit Northern Dispatch decries harassment as another cyber libel case is filed against its editor-in-chief, Kimberlie Ngabit-Quitasol.
Two courts initially dismissed the libel charge filed against Quitasol early this year but it was elevated to cyber libel and refiled in another court. La Trinidad, Benguet Provincial Prosecutor Andres Gondayao first filed the libel case against Quitasol at the Regional Trial Court Branch 59 in Baguio City, but it was dismissed for lack of jurisdiction.
Gondayao then refiled the case at the La Trinidad Municipal Trial Court, and was also dismissed for the same reason.
The prosecutor then filed another case against Quitasol at the RTC 59 in Baguio City on Sept. 28, and amended the charge to cyber libel, which has stiffer penalties than regular libel.
The charges were all based on the complaint of Police Regional Office Cordillera Regional Director Brigadier General R’Win Pagkalinawan, who also filed a similar case against NorDis volunteer, Khim Abalos, last Sept. 22.
The cyber libel case stemmed from Quitasol’s article published in the Northern Dispatch website last April 7, about human rights alliance Karapatan’s reaction to Pagkalinawan’s order “to shoot communist organizers who unnecessarily organize people during the COVID-19 lockdown.”
The police general claimed that both Quitasol and Abalos deliberately removed a part of his statement, “kapag nanlaban.” (if they fought back) The omission, according to the complaint, was done in order to portray the Pagkalinawan in a negative light.
Quitasol said they never received a subpoena summoning them to the courts despite being charged three times.
“The filing of cases against two Nordis staff, me included, is an escalation of attacks against our media group,” said Quitasol.
Quitasol also claimed that attacks and harassment against their team steadily worsened under the current government but she vowed to “remain steadfast and continue to defend the people’s right to truth and information.”
NorDis has been consistent in its reporting of indigenous peoples’ issues and human rights violations in Cordillera and Ilocos regions.
“We have been holding the line too long enough, it is time to push back,” Quitasol said.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Sep 27, 2020
- Event Description
An ongoing investigation into a hard-hitting journalist with Hong Kong's government broadcaster RTHK will have a "chilling effect" on the city's news organizations, the Hong Kong Journalists' Association (HKJA) warned on Monday.
The RTHK Programme Staff Union said on Sunday it had received news that the station management will reopen a probe into the work performance of TV presenter Nabela Qoser, whose questions of chief executive Carrie Lam in the wake of a July 31 attack by armed thugs on train passengers in Yuen Long prompted Lam and other top officials to walk out of a news conference.
The union described the broadcaster’s decisions to reopen the investigation into complaints against Qoser and extend her probationary period by 120 days as "political persecution," RTHK reported.
Qoser, a Hong Kong-born journalist of Pakistani descent, asked Lam where she was on the night of the attack, which went on for nearly 40 minutes before police showed up at the scene, demanding: "How could you sleep last night?"
"The Hong Kong Journalists Association is concerned about [the reopening of the investigation ], and worries that journalists who raise pointed questions will be subjected to suppression in their workplaces," the HKJA said in a statement on its Facebook page.
"[This] will eventually create a chilling effect," it said.
RTHK staff, as civil servants, are required to submit to at least performance appraisals over a three-year probationary period, but the process doesn't include public complaints.
Qoser's probationary period had been due to end, but has been extended pending the renewed investigation, the staff union said on its Facebook page.
"The sudden re-opening of the investigation and the extension of the probationary period are not only unfair to Qoser; they also undermine the entire civil service appraisal system," the HKJA said.
"If journalists are subjected to criticism, suppression, or political censorship just for doing their jobs ... they will no longer be able to speak up against injustice," the group said.
RTHK union members staged a protest outside the station's headquarters on Monday as a new advisory board convened in the wake of complaints of anti-government bias against the organization met.
'A form of political suppression'
Union president Chiu Sin-yan said the reinvestigation of Qoser seemed to be politically motivated.
"We tend to believe that this is a form of political suppression," Chiu said. "This investigation was previously closed ... so if it can be reopened indefinitely, we think the intention behind this is self-evident."
Chiu said the reasons given by RTHK director of broadcasting Leung Ka-wing during a meeting on were insufficient.
HKJA chairman Chris Yeung said the move will likely have a further chilling effect on the city's journalists.
"It is worrying because if news organizations cave in to political pressure from the authorities and put pressure on journalists, even if they dress it up as non-renewal of a contract or ... sacking for other reasons, this ... will have a chilling effect on the whole industry," Yeung said.
A warning to others
Bruce Lui, senior journalism lecturer at Hong Kong Baptist University said the singling out of Qoser is intended as a warning to all journalists.
"Is this to be the fate of journalists or media organizations seen as less obedient by the government?" Lui said. "I'm sure many will be wondering if they should be less outspoken ... and not do anything wrong."
As China imposed a draconian national security law on Hong Kong on June 30, Zhang Xiaoming, deputy director of Beijing's Hong Kong and Macao Affairs Office, and Lam both hit out at some media organizations for "smearing" the authorities in their criticisms of government and police.
The law stipulates that the media should be "subject to better supervision, management, publicity, and education," Lui said.
"So it is not surprising that the authorities have targeted the media with various actions," he said.
Democratic Party lawmaker Lam Cheuk-ting wrote to RTHK on Monday saying that there was no new information that would justify a reinvestigation of Qoser's performance.
He told its reporters: "I strongly urge the senior management of RTHK to uphold the freedom of expression, freedom of the press and editorial autonomy, and to try to defend their professional reporters and journalists and let them to perform their duties professionally and independently."
But Lam Tai-fai, chairman of the RTHK advisory board, declined to comment on the move when asked by journalists on Monday.
"I am not in a good position to comment (on) the employment situation," Lam said. "Whether it’s fair or not fair, it’s not my job and also I cannot make a comment with my limited knowledge in this area."
No support for police, government
The reinvestigation into Qoser's work comes after broadcasting regulator the Communications Authority issued a warning to RTHK following public complaints that its TV show Pentaprism hadn't upheld a wide enough range of views, namely those in support of police and government.
Qoser, a Hong Kong Baptist University graduate, has previously worked at TVB and Ming Pao, and has been subjected to online racist abuse, according to Hong Kong's Equal Opportunities Commission.
RTHK is a fully funded department of the Hong Kong government, but has been criticized by pro-China politicians and officials for alleged anti-government bias.
In May 2020, it axed a top satirical show that poked fun at police denials of violence against pro-democracy protesters, and apologized, after the Communications Authority issued a warning to the station for "denigrating and insulting" the police in a February episode of the show.
The decision to reinvestigate Qoser's performance comes after the city's police force said it would no longer recognize credentials issued by the HKJA, as was previously the case, saying it would now decide which media organizations were legitimate.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Administrative Harassment, Judicial Harassment
- Rights Concerned
- Media freedom, Offline, Right to work
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Sep 25, 2020
- Event Description
The Observatory has been informed by Karapatan - the Alliance for the Advancement of People’s Rights - of the judicial harassment of Karapatan National Council member Daisy ‘Jackie’ Valencia.
On September 25, 2020, the Regional Trial Court Branch 30 in Tagum, Davao del Norte Province, issued an arrest warrant for Daisy ‘Jackie’ Valencia. However, she was only recently made aware through a reliable source of the murder charges pressed against her. At the time of publication of this Urgent Appeal, Ms. Valencia had not received any formal notice from the Court.
Daisy ‘Jacky’ Valencia is accused of being a member of an armed rebel group responsible for the killing of Mr. Garito Tiklonay Malibato on March 22, 2018 in Mindanao, although she was not in Mindanao when the killing took place. It is believed that Mr. Malibato was killed by members of the paramilitary group Alamara, from which he was receiving death threats for his work with indigenous people’s organisation Karadyawan.
The Observatory notes that since 2018, Daisy ‘Jackie’ Valencia has been a victim of red-tagging[1]. Her name has appeared on leaflets in Isabela and Cagayan provinces that label her as a “communist” and a “terrorist” and link her to the armed opposition group New People’s Army (NPA).
The Observatory recalls that since President Duterte took power in June 2016, human rights defenders have faced relentless vilification and red-tagging, and have been repeatedly subjected to trumped-up charges and lengthy pre-trial arbitrary detention, with the aim to discredit their legitimate work and to silence critical voices. Karapatan members have been subjected to frequent harassment, criminalisation and attacks, including the killing of Ms. Zara Alvarez in August 2020.
The Observatory expresses its utmost concern over the judicial harassment of Daisy ‘Jackie’ Valencia as it seems to be only aimed at punishing her for her legitimate human rights activities.
The Observatory urges the Philippines authorities to immediately and unconditionally drop the charges against Daisy ‘Jackie’ Valencia and to put an end to all acts of harassment against her, including at the judicial level.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- NGO staff, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Sep 24, 2020
- Event Description
Hong Kong police arrested prominent democracy activist Joshua Wong on Thursday for participating in an unauthorised assembly in October 2019 and violating the city's anti-mask law, according to a post on his official Twitter account.
Wong's latest arrest adds to several unlawful assembly charges or suspected offences he and other activists are facing related to last year's pro-democracy protests, which prompted Beijing to impose a sweeping national security law on June 30.
Hong Kong police confirmed they arrested two men, aged 23 and 74, on Thursday for illegal assembly on Oct 5, 2019.
The arrest of Wong, aged 23, comes around 6 weeks after media tycoon Jimmy Lai was detained on suspicion of colluding with foreign forces.
Wong had been a frequent visitor to Washington where he appealed to the U.S. Congress to support Hong Kong's democracy movement and counter Beijing's tightening grip over the global financial hub. His visits drew the wrath of Beijing, which says he is a "black hand" of foreign forces.
Wong disbanded his pro-democracy group Demosisto in June, just hours after China's parliament passed national security law for Hong Kong, bypassing the city's local legislature, a move widely criticised by Western governments.
His long-time colleague, Agnes Chow, and two other activists were also among 10 people police arrested in August on suspicion of violating the new law.
The new law punishes anything China considers as subversion, secession, terrorism and collusion with foreign forces, with up to life in prison.
Wong was just 17 years old when he became the face of the 2014 student-led Umbrella Movement democracy protests, but he was not a leading figure of the often violent unrest that shook the semi-autonomous former British colony last year.
An anti-mask law was introduced last year in a bid to help police identify the protesters they suspected of committing crimes and it is facing a challenge in court. In the meantime, the Hong Kong government has made face masks mandatory in most circumstances due to the coronavirus pandemic.
The European Union on Thursday criticised the arrest of the prominent activist, saying it was "troubling" and undermined trust in China.
"The arrest of Hong Kong pro-democracy activist Joshua Wong on 24 September is the latest in a troubling series of arrests of pro-democracy activists since the summer," an EU spokesperson said, calling for "very careful scrutiny" by the judiciary.
"Developments in Hong Kong call into question China's will to uphold its international commitments, undermine trust and impact EU-China relations."
The EU has repeatedly voiced concern at the new Hong Kong security law, which critics say erodes important freedoms in the city.
Last week senior EU leaders pressed Chinese President Xi Jinping over the situation in Hong Kong at a video summit, saying democratic rights in the city must be preserved.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Pro-democracy defender, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Sep 24, 2020
- Event Description
A fortnight ago, tribal rights champion Soni Sori found herself in quite a conundrum. On September 24, she had tested positive for COVID-19. A day later, she was supposed to present herself before the National Investigation Agency (NIA) for an inquiry in the killing of Bheema Mandavi, a Bharatiya Janata Party MLA, and four policemen in an alleged Naxal attack from the past year.
Sori had informed the officials about her health condition; they, however, insisted she still appears. Four days later, the local administration went ahead and booked her under sections of the Indian Penal Code for violating the quarantine rules.
Sori, who had remained active through the lockdown, visiting villages and helping people in need in the tribal district of Dantewada in Chhattisgarh, developed symptoms in the month of September. As fever persisted, she decided to get herself tested. “The result stated I was infected by coronavirus. The local health officials came and put me in quarantine immediately at my residence in Geedam (a tehsil in Dantewada),” she says.
But when Sori called the NIA officials informing them about her health status, she says the officers refuse to believe her. “I was asked to make arrangements and be present before the NIA’s Dantewada office, over 80 km away,” she says. Sori’s health condition scared her neighbours, and local travel agents were unwilling to lend their vehicle for the travel, her nephew Lingram Kodopi says. The two were then forced to travel on a bike amid heavy rains.
“I was burning with a high fever. I was afraid they would detain me in the case. They questioned me for over seven hours despite my condition,” she adds.
Sori was informed about her health condition by Devendra Pratap Singh, a health officer in Geedam. Despite the positive report, the Dantewada police, along with the NIA insisted a second test was conducted. The second test too came out positive. But Sori alleged that despite the rapid test kit clearly indicating that she was positive, the police and Pratap declared that she had tested negative and is fit to face the inquiry.
But then, Singh later went ahead filing a case against Soni under Sections 188, 269, and 270 of the Indian Penal Code for disobeying an order duly promulgated by a public servant, for indulging in a negligent act likely to spread infection of disease dangerous to life and malignant act likely to spread infection of disease dangerous to life respectively. All three sections are bailable.
When The Wire approached Singh for his comment, he confirmed that an FIR has been registered. “I merely did my job. I am in-charge of the region and since Sori had travelled even when she was put under strict quarantine, I was duty-bound to report her to the police,” he said. When asked why he had claimed that she was negative on the day of Sori’s appearance before the NIA, Singh denied having made such a statement. He also confirmed that she tested positive both times. The former chief medical officer, Dr S.K.P. Shandilya, who was in-charge of the Dantewada region until three days ago, also confirmed that Sori had tested positive. The Wire has accessed her medical reports and also the FIR registered by Singh.
Sori, who has faced police atrocities including sexual torture and prolonged incarceration in the past, shared that she finds the state police and the NIA’s act inhumane. “If questioning me was so important, the NIA could have waited for a few weeks. Why did they insist I travel even when they are fully aware that this illness spreads super fast? It wasn’t just about my health alone, I could have endangered so many more lives,” she says.
Under Section 160 of the Code of Criminal Procedure, the investigating agency ought to have travelled to her residence. The section states, “…provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.” The section also makes provision for travel allowance. But Sori says she was asked to make her own arrangement.
Bheema Mandavi murder case
On April 9, 2019, Bheema Mandavi, then the sitting BJP MLA from Dantewada, and four personnel of the Chhattisgarh Armed Force (CAF) were killed after Maoists had allegedly blown up their vehicle with an IED. This incident took place near Shyamgiri village under the Kuakonda police station area of Dantewada. The case was handed over to the NIA for investigation and on October 2, the agency filed a bulky chargesheet and named 33 persons as accused.
The NIA was in a hurry to question Sori before filing the chargesheet.
In the chargesheet, the NIA has claimed that the attackers after the ambush had also looted the arms and ammunition of the security personnel. All accused have been booked under several sections of the IPC, the Arms Act, the Explosive Substances Act and the Unlawful Activities (Prevention) Act, 1967.
While the Jagdalpur team of the NIA refused to take Sori’s health condition seriously, its Bombay team, investigating the 2018 Elgar Parishad’s case, cancelled its scheduled questioning last week. Sori, who was one of the many guest speakers at the Elgar Parishad event organised in Shaniwarwada of Pune to celebrate the 200th anniversary of the battle of Bhima Koregaon, was to be questioned by the NIA. A team of officers had reportedly traveled to Dantewada but decided to return on finding out about her health condition. The team spoke to Sori on the phone instead and has rescheduled a visit to Dantewada to the coming week.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment, Vilification
- Rights Concerned
- #COVID-19, Right to health, Right to healthy and safe environment, Right to liberty and security
- HRD
- Minority rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Sep 22, 2020
- Event Description
Three Arakanese student leaders detained over an anti-government protest earlier this month will be charged under the Peaceful Assembly Law in a legal change from earlier indications that they would be prosecuted using the Natural Disaster Management Law.
The three students were arrested during a demonstration on September 9 outside the Arakan State government offices, where they were demanding the restoration of internet access and an end to human rights abuses in Arakan State.
They were remanded until September 24 under Section 25 of the Natural Disaster Management Law, but the lawsuit was changed at the Sittwe Township Court on September 22 as it was determined that the legislation was not appropriate for the circumstances.
Section 19 of the Peaceful Assembly and Peaceful Procession Law covers a requirement to inform authorities in advance of a planned demonstration.
“The section under which to prosecute them was changed according to the recommendation of the legal office,” said U Kyaw Nyunt Maung, a lawyer for the students — Ko Toe Toe Aung, chair of the Sittwe University Students’ Union, and information officers Ko Kyaw Naing Htay and Ko Oo Than Naing of the Arakan Students’ Union and Sittwe University for Computer Studies respectively.
Section 19 allows for bail, and the trio were released with their trial’s first hearing scheduled for October 6.
Members of student unions in Yangon, Mandalay and Meiktila have also faced charges for protesting against human rights abuses in Arakan State. Cases have been opened against some 20 students under various legal statutes including at least one charge of incitement.
“We thank our alliance students who support us. We want to urge them to keep trying together in the future,” said Ko Kyaw Naing Htay, information officer for the Arakan Students’ Union.
- Impact of Event
- 3
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to fair trial, Right to liberty and security
- HRD
- Minority rights defender, Student
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Sep 22, 2020
- Event Description
Chinese authorities should immediately quash the 18-year sentence against a property tycoon and outspoken critic of President Xi Jinping, Human Rights Watch said today.
On September 22, 2020, a Beijing court announced on its website that Ren Zhiqiang had been convicted of taking bribes and embezzling public funds. He was also fined 4.2 million yuan (US$620,000).
“The corruption charges against Ren Zhiqiang are a thin cover for President Xi Jinping’s intolerance of dissent,” said Yaqiu Wang, China researcher. “The 18-year sentence handed down to a Communist Party member and member of the economic elite shows the grim environment for speech in China.”
Ren, 69, is the former chairman of Huayuan, a state-owned real estate group. He was born into a political family – his father was a deputy commerce minister. He rose to public prominence after garnering 38 million followers on the Chinese social media site Weibo. Known as “The Cannon,” Ren often used the platform to express views critical of authorities, and to urge the Communist Party to improve its governance of the country.
In March, the Beijing police detained Ren after he criticized the Chinese government’s handling of the coronavirus outbreak. In an online essay, Ren wrote that “People’s lives are harmed by both the virus and the serious ills of the system.” While he did not mention Xi by name, he suggested Xi was a “clown stripped naked who insisted on continuing being emperor.”
In July, the Beijing Commission for Discipline Inspection, the Chinese Communist Party’s abusive internal investigation agency, announced that Ren had been expelled from the Party and would be prosecuted on corruption charges. The commission did not make public where Ren was being held, and it is unclear what, if any, access he had to family members or lawyers of his choice.
The case highlights serious due process concerns and the absence of credible, publicly available information to substantiate the charges against Ren. The trial, held on September 9 at the Beijing No. 2 Intermediate Court, was secret. Neither the court nor Chinese state media released any information regarding the proceedings. Ren’s friends said that he was represented by a government-appointed lawyer, but it is unclear whether he had requested his own lawyer. The court said Ren had confessed to all charges and would not appeal.
The authorities’ treatment of Ren in detention is unknown, but as Human Rights Watch documented in a 2016 report, abuses against detainees in corruption cases are common. They include prolonged sleep deprivation, being forced into stress positions for extended periods, deprivation of water and food, and severe beatings. Detainees are also subject to solitary and incommunicado detention in unofficial detention facilities. After “confessing” to corruption, suspects are typically brought into the criminal justice system, convicted, and sentenced to often lengthy prison terms.
In February 2016, Ren was banished from social media in China after he criticized Xi for calling on the Chinese media to “serve the Party” in a speech. The authorities publicly censured Ren and put him on a one-year probation from the Party.
“Ren’s sham trial may put him in prison for the rest of his life,” Wang said. “A failure to immediately release Ren would show the world that China’s legal system is a tool for settling political scores, not delivering justice.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Blogger/ Social Media Activist
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Sep 21, 2020
- Event Description
Two complaints have been filed with police against leaders of the weekend protest rally at Sanam Luang by the United Front of Thammasat and Demonstration.
One is an accusation of lese majeste under Section 112 of the Criminal Code, and the other over the installaton of a plaque symbolising democracy, allegedly in violation of the law on ancient monuments, antiques, objects of art and national museums, which applies to Sanam Luang.
About 1pm on Monday, Tul Sithisomwong, leader of the self-styled Multi-Coloured Group, filed a complaint with Chana Songkhram police against three protest leaders - Panusaya "Rung" Sithijirawattanakul, Arnon Nampa and Parit "Penguin" Chiwarak.
In the petition, the three were accused of violating Section 112 of the Criminal Code, or the lese majeste law, by delivering speeches calling for the reform of the monarchy and using inappropriate words, which allegedly caused Thai people in general to feel uncomfortable.
His petition was accompanied by photos of the event and audio recordings of the speeches made by the three protest leaders.
"I don't want them to end up in prison and, even so, I believe there would be a request for them to be pardoned. But I don't want to see this happen again," Dr Tul said.
"I don't mind if they talked about politics, the prime minister or the constitution, because they have the right to do so, but not about the monarchy, in their speeches over the media," he said.
Police accepted the complaint for consideration.
Earlier in the day, about 10.30am, Sathaporn Thiangtham, director of the Archaeology Division and representing the Fine Arts Department, filed a complaint with Chana Songkhram police against leaders of the protest for installing a plaque symbolising democracy in the ground at Sanam Luang.
Mr Sathaporn said doing so without permission may have violated the Ancient Monuments, Antiques, Objects of Art and National Museums Act of 1961, which applies to Sanam Luang. The ground is registered as an ancient site.
The complaint was accompanied by photos and related documents, and was also accepted for consideration.
The students' plaque declared that Thailand belongs to the people. It was dug up and removed on Sunday night, but no one has admitted seeing who did it.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Lawyer, Pro-democracy defender, Student, WHRD, Youth
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Active
- Country
- India
- Initial Date
- Sep 20, 2020
- Event Description
The members of Makkal Pathai, a not-for-profit organisation based out of Chennai, have been on a hunger protest against National Eligibility cum Entrance Examination (NEET) in their offices in Chennai over the past week. On Sunday, the seventh-day of protest in Chennai, the members were forcefully dragged away by the police. Members also allege that the police misbehaved with them. Koyambedu police have lodged about 30 members at a kalyana mandapam while six who were on the hunger-protest have been admitted to Kilpauk Medical College (KMC). No case has been registered.
Visuals shared on Makkal Pathai’s Facebook page shows police forcefully entering into the office premises following which members are dragged out. They can be heard condemning police brutality.
Sharing voice notes from KMC where about six of them are currently kep, member Chandra Mohan (41) says, “We have been continuing our hunger protest for six days. They have hit us and admitted here at KMC. Women’s clothes were lifted, they were shamed, we were shamed and we have been brought here. We condemn this brutality.”
In an audio note, Chandra Mohan says the members have rejected IV fluids and are still fasting in the hospital. "We gave our word to the people. We will continue our fasting until they tell us." He further alleges that the police have ransacked their office in Chennai taking away phones and computers.
Speaking to TNM, Koyambedu police station Inspector K Madeswaran says no complaint has been filed on the members but their protest had to be stopped since it was a health risk. “We have been asking them every day to stop their hunger protest. Moreover, groups of people gather there on a regular basis. Press is invited and this crowding of people is a risk especially due to the pandemic,” he tells TNM.
“We have not registered any case against them yet because they are giving us their details. They are requesting for the Chief Minister to come down in person to listen to their demands and scrap NEET,” he adds.
When asked about allegations of women being harassed the officer says, “We only tried to end their fasting. Even though they have not eaten in six-days, they put up a good resistance.”
Vignesh, the coordinator from Coimbatore says, “We are holding a one-day fasting protest here in Coimbatore office. Police have arrested our members who were holding hunger-protest for six continuous days in Chennai. We condemn this.”
- Impact of Event
- 2
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community), Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Raid, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of association, Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Community-based HRD, NGO, NGO staff, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Sep 18, 2020
- Event Description
Authorities in Vietnam have arrested a Facebook user for sharing his grievances about how the local government has handled a dispute over his family’s land, RFA has learned.
Le Van Hai, from Binh Dinh province in the country’s South Central Coast region was charged with “abusing freedom and democratic rights to infringe upon the interests of the state” under Article 33 of Vietnam’s 2015 Penal Code.
Local media outlet Youth Online reported the arrest Friday and it was confirmed by police in Binh Dinh.
According to the report, Le was detained over a period of two months, and police conducted a search of his residence in the coastal city of Qui Nhon.
The police investigation into Le’s case states that he often used his Facebook account to share or post many stories that slandered or offended the prestige of Vietnamese government leaders, including communist party members and provincial officials.
Le had also sent many complaints to Binh Dinh authorities asking for compensation payments because his family’s house and land had been confiscated to build a wastewater treatment plant in Qui Nhon.
When authorities denied the request, he shared his frustration on Facebook.
While all land in Vietnam is ultimately held by the state, land confiscations have become a flashpoint as residents accuse the government of pushing small landholders aside in favor of lucrative real estate projects, and of paying too little in compensation to farming families displaced by development.
Le’s case came to light after a court in Hanoi sentenced two vilagers to death, and gave several others long sentences, in the trial of 29 villagers over a deadly land-rights clash in January at the Dong Tam commune near Vietnam’s capital.
Three police officers were killed in the Jan. 9 clash when they were attacked by petrol bombs and fell into a concrete shaft while running between two houses. The village elder and father of the two condemned convicts also died in the raid.
Vietnam, with a population of 92 million people, of which 55 million are estimated to be users of Facebook, has been consistently rated “not free” in the areas of internet and press freedom by Freedom House, a U.S.-based watchdog group.
Dissent is not tolerated in the communist nation, and authorities routinely use a set of vague provisions in the penal code to detain dozens of writers and bloggers.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment, Raid
- Rights Concerned
- Online, Right to healthy and safe environment, Right to liberty and security
- HRD
- Blogger/ Social Media Activist
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Sep 18, 2020
- Event Description
Jailed Kazakh civil rights activist Sanavar Zakirova has been placed in solitary confinement for allegedly attacking three cellmates, which her daughter called part of a politically motivated campaign against her.
Malika Zakirova told RFE/RL on September 18 that her mother, who is being held in a detention center in Kazakhstan's largest city, Almaty, was defending herself from an attack by the three inmates, which lead to her being placed in solitary confinement.
Officials at the detention center told RFE/RL that Zakirova was transferred to solitary confinement for five days "for attacking three inmates."
Zakirova's lawyer, Zhanar Balghabaeva, told RFE/RL on September 18 that her client had complained since mid-August that the detention center's administration was using other inmates to pressure her and officially asked for a transfer to another penitentiary as her life was in danger.
Zakirova, who is well known for her political and civil-rights activities, was sentenced to one year in prison in mid-July after the Medeu district court in Almaty found her guilty of assaulting the daughter of a woman who had hurled vulgarities at a rally in March.
Zakirova has insisted that all of the accusations against her are groundless and politically motivated.
She was an initiator of and leading participant in rallies in Almaty and Nur-Sultan, the capital, last year by residents of Kazakhstan's different regions, demanding action on what they called "wrong court decisions" in various cases.
In March 2019, Almaty city authorities denied Zakirova permission to hold a congress to establish a new political party, Our Right.
In November 2019, Zakirova and two other activists were found guilty by a court in Almaty of distributing false information about the ruling Nur-Otan party over the Internet.
They were ordered to pay the equivalent of $15,000 to the party. Zakirova and her supporters said then that the case was politically motivated.
Days later Zakirova and three other female activists mocked Nur-Otan, staging a public action -- asking worshipers outside a mosque in Nur-Sultan for money to help pay a fine to the ruling party.
Police detained the women then and fined them the equivalent of $32 each for causing a public nuisance.
Last week, Kazakhstan’s human rights organizations recognized Zakirova a political prisoner.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Intimidation and Threats, Judicial Harassment, Violence (physical)
- Rights Concerned
- Right to health, Right to healthy and safe environment
- HRD
- Pro-democracy defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Sep 18, 2020
- Event Description
Mr. Dhirendra Pratap isa Dalit rights activistandthe national president of an organization called "Purvanchal Sena” formed in 2006 and working against the oppression of Dalits.
On September 08, 2020,in Kusmaul village in Gorakhpur, a candidate for Pradhan’s election Mr. Sonu Jatav was abusedwith‘casteist slurs’by the sitting Gram PradhanMr. Vivek Shahi.Mr. Dhirendraand his organisationopposedthis incident and the police filedan FIR under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (PoA) against the Pradhanon September 09, 2020.However,Mr. Vivek was not arrested and he is alleged to have gone to the Dalit colony and abused Dalits in front of the police.The police instead of upholding law and order and arresting Mr. Vivek, remainedsilent and abetted the atrocities. A video was also made of this incident.Mr. Dhirendra and his organisation were constantly demanding the arrest of Mr. Vivek.
On September 18, 2020, around 02:00 AM, 20-25 men in plain clothes, armed with guns,jumped the wall and entered Mr. Dhirendra’shome in village Betiahata,Gorakhpur.When Mr. Dhirendra’s fatherenquiredwho they were and how did theyenter hishome, they said that theywere from the crime branch andhad come for an investigationand started searching their home room by room. Mr. Dhirendra was sleeping in hisroomduring this time. When he woke up, the intruders told him too that theyare from the crime branch and said that “You are Dhirendra ‘Purvanchal Sena’ president, now you will know how to become a leader.”Mr. Dhirendra asked them for anarrest warrant or notice, hearing which theystarted abusing himand forcibly triedto take him. Mr.Dhirendra's younger brother was recording this entire incident onhis mobile. After seeing him record the incident, the policemen snatched the mobile from the younger brother and took him too forcibly. They also abused and harassed women.When the two brothers were brought out of the house, the family also came out and noticed that some policemen inuniformwere standing outside the house.There were 6-7 cars,including a police jeep. The policemen started slappingboth HRDs, while trying to force both brothers into theircar. When their father tried to rescue his son, they tried to beat him with a lathi. Then theyforcibly abducted both thebrothersandtook them.In themorningtheirfather went to nearest police station–Cantt Police Station in Gorakhpur –and asked about his sons. But the policemen replied that they did not knowabout them. He then went to successive police stations to ask about his sons but did not get any information. Then he went to the Senior Superintendent of Police (SSP)GorakhpurMr.Bhupendra Kumar Singh’s office but Mr. Singh was not present,so he left a letter regarding the incident. Around 02:00 PM,hemet the District Magistrate(DM) of Gorakhpur Mr. VijendraPandiyan and told him the incident. The DM assured him that he will find his sons. Around 03:00 PM,Mr.Dhirendra and his brotherwere brought to the district hospitalof Gorakhpur for medicalexamination andafter medical theywere sent to the Gorakhpur District Jail. At 3:03 pm an FIR was registered by Mr. Amit Kumar Chaturvedi, Sub-Inspector atCantt Police Station, Gorakhpurunder sections307(Attempt to murder),332(Voluntarily causing hurt to deter public servant from his duty), 353(Assault or criminal force to public servant from discharge of his duty)against Mr. Dhirendra, Mr. Yogendra Pratap and another personMr. Vicky David.TheFIRstated that on the night of September17-18, 2020, Mr. Chaturvedi, (Sub-Inspector) along with Constables Deepak Kumar and Ram Chander Yadav were on duty at Betiahata Chauraha, Betiahata, Gorakhpur.From the Crime Branch, Mr. Sadiq(SI), Mr. Chandrabhan (SI), Mr. Rashid (Head-Constable), Mr. Dharmendra (Constable), Mr. Yogesh (Head-Constable), Mr. Pradeep (Constable), Mr. Rakesh (Constable), Mr. Indresh (Constable), Mr. Qutbuddin (Constable) and Mr. Monish (Constable) had gone to the Betiahata Chauraha. They were told by aninformer that a wanted criminalMr. Vikky David is standing near Hanuman temple with two people.After getting the information, 15 policemenreached Hanuman Templewhere theysaw three people standing who said their names wasMr. Vicky David, Mr. Dhirendra Pratap and Mr. Yogendra Pratap. When all of them were body searched,it seemed as if Mr. David had a gun and in the scuffle severalpolicemen fell downand all three of themran away firing.Mr. Chaturvedi statedin FIR that,“the police searched for them but all three could not be found. That's why I'm filing a FIR”.Mr. Dhirendrawas constantly persuadingthe policeto uphold the constitution and act against Dalit atrocities. This is the main reason why the police targeted Mr. Dhirendra.The entire narrative showcasesextreme neglect and misuse of power by the Gorakhpur police. From not arresting Mr. Vivek and then abetting crime against Dalits to the post-midnight raid, abduction and illegal arrest in a fabricated case demonstrate a state of complete lawlessness in Gorakhpur. Acts by the police depict extremely serious and blatant violations of arrest procedures of the Cr.P.C, the DK Basuguidelinesand NHRC’s ownguidelineson arrestprocedures.
- Impact of Event
- 4
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment, Raid, Use of Excessive Force, Violence (physical)
- Rights Concerned
- Right to fair trial, Right to healthy and safe environment, Right to liberty and security
- HRD
- Family of HRD, Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Sep 17, 2020
- Event Description
Police officers have searched the house where activist Jatupat “Pai Dao Din” Boonpattararaksa and his friends are staying and seized 17 banners to be used on 19 Sep.
Jatupat livestreamed the search on his Facebook page on 17 September 2020. The police refused to let the activist group take a photo of the search warrant. They seized 17 banners with statements relating to the coup and reform of the monarchy that were to be brought to the protest on 19 Sep.
The police with a search warrant explained that the activists had not been charged but the police needed to find the evidence for an investigation. The police also told them that charges might be pressed later.
On 16 September 2020, Prachatai was informed by Local Democracy, a student activist group from northeastern Thailand, of which Jatupat is a member, that a red car without license plates was parked, with the engine running, in front of their rented house. 2 men, one with short hair and one with long hair, were sitting in a restaurant next to the house.
Jatupat believes that this harassment is due to their previous political action in front of Khon Kaen Mueang Police Station on 10 Sep. However, the banners seized were not related to that case, which means that no offence relating to the banners has yet been committed.
Jatupat is a student activist who was jailed for 870 days on a lèse majesté charge after he shared a BBC Thai biography of King Rama X. During his time in prison, his parents accepted the Gwangju Prize for Human Rights, South Korea’s most prestigious human rights award, on his behalf and after his release, he has continued his activities with the Free People movement.
Human Rights Watch reports serious concerns about the harassment of student activists and has called for the Thai authorities to stop arresting activists for their peaceful protests and to unconditionally drop all charges such as sedition.
Apart from leading protest figures, students who participated in protests this year face harassment in their schools, which claim that their activities affect the school’s reputation and disappoint their parents. Four university students and a high school student were also summoned by the police for alleged violations of the Emergency Decree and the Public Assembly Act.
Not long after the 18 July protest, the existence of a police list of 31 targeted people was revealed, including leading figures of the student movement, such as Parit “Penguin” Chiwarak and Tattep “Ford” Ruangprapaikijseree. 30 people in the list have so far been charged.
The case causing most concern is the arrest of lawyer Anon Nampa and student activist Panupong “Mike” Jadnok, who were detained for 5 days over a holiday weekend after they gave speeches on reform of the monarchy. However, they will continue their fight until they reach their dream, according to Anon and Panupong.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment, Raid
- Rights Concerned
- Offline, Right to healthy and safe environment, Right to property, Right to Protest
- HRD
- Pro-democracy defender, Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Viet Nam
- Initial Date
- Sep 16, 2020
- Event Description
On September 17, Hanoi security forces detained prominent dissident Nguyen Quang A for several hours in a bid to prevent him from meeting with US Ambassador in Vietnam Daniel Kritenbrink.
Dr. A, who is the head of the unregistered group Vietnam Civil Society, said the American Ambassador invited him to a coffee meeting in his private residence in Hanoi at 3.30 pm on Thursday. He planned to leave his house early to go to a bank before heading to the meeting. However, when he tried to go at 2 pm, he recognized a group of ten policemen staying near his house in Gia Lam district.
Realizing that the policemen were waiting for him, Dr. A intended to go back to his house to inform the diplomat about the police blockade, however, the policemen detained him and took him to a car, and the vehicle headed to the Ngoc Thuy ward police station, where he was held many times before.
Dr. A strongly protested the police’s move, saying his detention is illegal. He knows that their purpose is to block him from meeting with the US Ambassador but the police officers asked him about his posts on Facebook.
A told them that this detention is the 18th in recent years, and he will not answer any question from them. At 5.30 pm, the police released him.
Along with blocking Dr. A from going abroad, Vietnam’s security forces have detained him many times in a bid to prevent him from meeting with foreign diplomats from the EU and the US as well as other Western countries.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Restrictions on Movement
- Rights Concerned
- Freedom of movement, Offline, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Sep 16, 2020
- Event Description
The Constitutional Court on Wednesday (16 September) accepted a complaint against three leaders of the 10 August demonstration at Thammasat University, accusing them of attempting to overthrow the government.
The complaint was filed by lawyer Nattaporn Toprayoon, who accused three speakers at the 10 August demonstration, namely human rights lawyer Anon Nampa and student activists Panupong Jadnok and Panusaya Sithijirawattanakul, of attempting to overthrow the “democratic regime with the monarch at the head of state” under Section 49 in the 2017 Constitution.
Nattaporn previously filed his complaint with the Attorney General under Clause 2 of Section 49 on 18 August, before filing the complaint with the Constitutional Court directly.
The Constitutional Court accepted the complaint and will deliver a copy of the complaint to the three accused, so that they can submit a statement within 15 days. The Court also ordered the Attorney General to deliver the evidence filed by Nattaporn to the Court within 15 days.
Nattaporn, a staunch royalist, is a former advisor to the Chief Ombudsman and has previously acted as a lawyer for the PAD, the Thai Patriots Network and other right-wing groups. In June 2019, he filed the same complaint against the now-dissolved Future Forward Party (FFP), claiming that the party was linked to the Illuminati, a fictitious secret organization believed by conspiracy theorists to be seeking world domination. The Constitutional Court ruled to acquit the party in January 2020, citing insufficient evidence.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Lawyer, Pro-democracy defender, Student, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Sep 15, 2020
- Event Description
A Kazakh court has upheld the conviction and sentencing of an activist found guilty of spreading “false information” about the coronavirus.
The Almaty city court on September 15 upheld a decision by a lower court to sentence Alnur Ilyashev to three years of restricted freedom, a parolelike limitation, and ban him from social or political activism for five years.
Ilyashev was detained on April 17 after he wrote on Facebook that authorities in Kazakhstan, including those in the ruling Nur Otan party, have been corrupt and incompetent in their response to the coronavirus outbreak.
The 43-year-old activist spent more than two months in custody before being released after the initial court verdict was handed down in June.
Amnesty International slammed the sentence as “absurd” and as a sign that the government is not tolerating criticism.
The Clooney Foundation for Justice is disappointed that the Almaty City Court has upheld the conviction of Alnur Ilyashev for criticizing the ruling Nur Otan party on Facebook. As CFJ made clear in the amicus brief it filed with the appeal court, Mr. Ilyashev’s trial, which was conducted virtually due to the COVID-19 pandemic, was unfair, and his conviction violated his right to freedom of expression. CFJ hopes this unjust result will be reversed upon further review.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment, Restrictions on Movement
- Rights Concerned
- #COVID-19, Freedom of expression Online, Right to fair trial, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Sep 14, 2020
- Event Description
A well-known Kazakh civil rights activist, Erbol Eskhozhin, has been fined for publicly calling police officers "Nazarbaev's puppies."
Nursultan Nazarbaev is Kazakhstan’s former president who ruled the Central Asian nation for almost 30 years before he resigned in March 2019. He continues to control the country as the leader of the ruling Nur-Otan party and the lifetime chairman of the powerful Security Council.
A court in Kazakhstan's largest city, Almaty, on September 14 found Eskhozhin guilty of insulting police and fined him $530, his lawyer Olga Enns told RFE/RL.
Eskhozhin called the police "Nazarbaev's puppies" when law enforcement officers were dispersing demonstrators in Nur-Sultan, the capital, during protests early this year.
Eskhozhin said he will not pay the fine, adding that the court's decision will be appealed and that the case against him is politically motivated.
"I can't pay the fine, even if they jail me.... The ruling indicates that the authorities are scared of the increasing number of civil rights activists in the country. People do not have as much fear now," Eskhozhin said.
Since last year, the 43-year-old activist has been sentenced six times to several days in jail for taking part in unsanctioned rallies and, in all, has spent 85 days in jail.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Sep 14, 2020
- Event Description
Social activist Lakhan Musafir, 59, has been externed for six months from five districts of Narmada, Bharuch, Vadodara, Chhota Udepur and Tapi, ahead of Prime Minister Narendra Modi’s visit to Kevadia in Narmada district on October 31 to inaugurate the seaplane service connecting Statue of Unity to Sabarmati Riverfront in Ahmedabad, as well as the jetty service downstream the Narmada River.
Sub Divisional Magistrate (SDM) of Rajpipla issued the order banishing Musafir, who was served a notice for proceedings of externment in March this year, under section 56(A), Gujarat Police Act 1951. He has been accused of “inciting locals against government, trading in liquor and being part of anti-social groups”.
The order by Rajpipla SDM, KD Bhagat, has relied on two FIRs registered against him in 2019 for rioting, unlawful assembly, causing hurt to public servants and criminal intimidation and also accused Musafir of being involved in illicit liquor trade although no complaint has been registered against him under the Prohibition Act so far.
The order, dated September 14, states, “In view of the application submitted by the Superintendent of Police of Narmada District, the accussed Lakhan Musafir is a dubious person. I know that he does not have any honest means of livelihood and along with his accomplices, is continuously inciting local villagers in Kevadia around the Statue of Unity as well as the Narmada dam. Along with many anti-social elements, Musafir is known to organise public gatherings to mislead the people into anti government activities.”
The SDM further said that Musafir is known for “anti-government slogans” and interrupting government works to breach law and order. It states, “…In several incidents in the past he and his accomplices, have indulged in fights with government officials as well as officers of the Sardar Sarovar Narmada Nigam limited (SSNNL) and broken the peace and law in the area.”
The order further accuses Musafir or “targetting” the SoU, which has earned Kevadia much repute and says that no villager is willing to stand witness against Musafir due to the “fear” he has instilled among people.
It says, “Time and again, he has targeted the Statue of Unity located inKevadia by gathering his group of anti-social elements as well as people from the villages close by to indulge in anti-government activity…”
The two FIRs against Musafir in Kevadia police station date back to January and October 2019. In January 2019, Musafir was accused of leading a mob that resorted to rioting at the ground breaking ceremony of the Haryana Bhavan near SOU at the hands of Haryana Chief Minister ManoharLal Khattar. The matter is pending in court.
The second case registered against Musafir is of October 31, 2019 — the day when Prime Minister Narendra Modi visited Kevadia to inaugurate peripheral tourist spots around SoU. Musafir, who has now taken shelter in Mandvi taluka of Surat district, told The Indian Express,
“They booked me in the two cases by design because they were planning to outlaw me since over seven years, ever since I joined villagers protesting against the Garudeshwar Weir and then the Statue of Unity. They had no cases to outlaw me. I am a simple man who has been involved in agriculture and to make villagers self-sufficient.”
The SDM’s order adds that a “private inquiry” conducted by him revealed that Musafir was known to assault people “as well as have them assaulted by his group of anti-social elements”. Although the initial hearing on the notice of externment was scheduled for March 24 this year, it was shifted to July due to Covid-19 lockdown.
In his reply to the notice of July 13, Musafir called himself a “Gandhian” and denied allegations of inciting villagers or being involved in bootlegging. He said, “The charges levelled against me are false… I am involved in activities related to Gandhian principles… Taking people’s genuine complaints to the government can never be called a crime.”
Musafir has also cited recommendations about him from from former Gujarat Chief Ministers Sureshchandra Mehta and Amarsinh Chaudhary as well as five other friends. However, the SDM said that two cases registered against Musafir is evidence enough.
Musafir said, “The Kevadia police accompanied me to Mandvi, after confirming from me where I would be staying for six months. I have to report to the Mandvi police station every 15 days.”
“The Statue of Unity Area Development and Tourism Governance Act, 2019 has been executed. PM Modi will inaugurate the seaplane service next month. They do not want anyone around who support local protests. The fact is that the protests are being organised by the locals because they are aware of their rights… The government failed to address the issues of the local people related to land acquisition and submergence of villages due to the Garudeshwar Weir. People are agitated. There are many other projects planned in the area that will take away the essential tribal identity of the people along with their lands,” he says.
Musafir, originally from Bhavnagar, says he moved to Mathavadi village in Kevadia. “I moved to this place in 1986 when villagers were agitating against land acquisition for the Narmada Dam. I did not directly join the agitation but I have been a sympathiser of anyone who loses their land, in any part of the state. My interest lies in farming and I taught many villagers techniques for organic farming, selflessly. The aim was to make them self reliant. Over the years, I have imbibed the tribal way of life myself,” says Musafir, adding that he is not affiliated to any political party.
Kevadia had seen clashes between villagers and officials of SSNNL and police in May and June this year when the SSNNL took possession of and fenced lands acquired in 1961 after the Gujarat High Court dismissed a petition filed by six affected villages around the Statue of Unity.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment, Restrictions on Movement
- Rights Concerned
- Freedom of movement, Offline, Right to liberty and security
- HRD
- Minority rights defender
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Sep 13, 2020
- Event Description
Delhi Police arrested former Jawaharlal Nehru University (JNU) student Umar Khalid under the Unlawful Activities (Prevention) Act for instigating the North-East Delhi riots that broke out in February this year.
“Khalid was one of the main conspirators of riots in which 53 persons died and over 400 were injured,” special cell of Delhi Police said after the arrest.
The former JNU scholar has been questioned twice by the police over the last two months for speeches he delivered at the Shaheen Bagh protest site. According to the police, Khalid had planned the riots with former AAP councillor Tahir Hussain.
Khalid was charged with sedition and arrested in February 2016 too, for allegedly shouting anti-India slogans inside the JNU campus along with former student union president Kanhaiya Kumar and others.
“We arrested Umar Khalid late Sunday night,” said a senior police officer associated with the probe, requesting not to be named.
On August 3, the suspended AAP councillor had reportedly confessed to his crime and told the police that he was given the task to collect as much glass bottle, petrol, acid, stones as possible during the violence.
Communal violence broke out in Delhi between anti-CAA and pro-CAA protesters in February this year. Hundreds of people were detained in connection with the violence and police faced criticism for their slack management of protesters and ineffective handling of the riots.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Sep 13, 2020
- Event Description
On September 11, the day after protesters distributed anti-war material in Mandalay, Chan Aye Thar-Zan Township police in Mandalay briefly detained and charged ABFSU member Myo Chit Zaw, 21, and filed charges against 12 others for failing to notify the authorities in advance of the September 10 protest. On September 13, police briefly detained and charged ABFSU Central Executive Committee members Soe Hla Naing and Kyaw Thiha Ye Kyaw on the same charges.
- Impact of Event
- 3
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security, Right to Protest
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Indonesia
- Initial Date
- Sep 12, 2020
- Event Description
The South Sulawesi water and police unit have arrested three student journalists in Makassar while they were covering a protest to reject sand mining on Saturday, September 12. The authorities released them on Sunday, September 13. The International Federation of Journalists (IFJ) stands in solidarity with its affiliate the Alliance of Independent Journalists (AJI) Indonesia to demand an investigation into the arrest. The student journalists arrested were Hendra, the chairman of press student at the Hasanuddin University, Mansyur, the chief editor of CakrawalaIde at the Muslim Indonesia University, and Muhammad Raihan Rahman, who also a member of the CakrawalaIde publication.
The young journalists joined fishermen on their boat to protest sandmining on Kodingareng island. On the way back to Makassar, the boat was blocked by water and police unit vessels. Although the three student journalists showed their identity cards and a letter of assignment, the officers still arrested them. They were also reportedly intimidated and harassed before being escorted to the police office.
Sand mining is a controversial activity in Indonesia. Sand mining is a controversial activity in Indonesia. The operations of sand mining has impacted the fishermen and the coastal communities in the country.
The Indonesian Safety Committee for Journalists, which also supported by AJI Indonesia as its member, has condemned the arrest and remind the police that journalists are protected by the Press Law. According to the Press Law, everyone found guilty in obstructing journalists’ works will be sentenced to jail for two years at the maximum or charged with a maximum fine of IDR500 million or US$33,000.
“The Committee calls the police to investigate the officers who obstructed and intimidated the journalists. The Committee urges all the authorities to respect journalists who are on duty,” Committee added.
- Impact of Event
- 3
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Environmental rights defender, Media Worker, Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Sep 12, 2020
- Event Description
The Myanmar authorities should cease responding to criticism of the government and military with arrests and prosecutions of students protesting human rights abuses, Human Rights Watch said today. They should immediately drop charges against the students and unconditionally release those in custody.
At least 20 students around the country have been charged or are facing arrest under various laws after joining protests or sticker campaigns critical of the government or military, including criticizing the mobile internet shutdown in Rakhine and Chin States, according to the All Burma Federation of Student Unions (ABFSU).
“The Myanmar government deserves a failing grade for intimidating and harassing students peacefully expressing their views,” said Linda Lakhdhir, Asia legal adviser. “Neither criticizing the government nor peacefully protesting should be a crime, and the authorities should stop treating them as such.”
On September 10, 2020, members of the student federation conducted a “sticker” campaign in solidarity with Rakhine students who had been arrested the previous day for protesting internet restrictions. The ABFSU members distributed fliers and stickers demanding that 3G and 4G data services be turned back on across eight townships in Rakhine and Chin States. The slogans included: “No bloody government. No murder army” and “Oppose murder and fascism and stand together with the Rakhine people.”
On September 12, the Special Branch unit of the police conducted a nighttime raid on the home of Paing Min Khant, a student in North Okkala, Yangon. “When the police knocked on our door, they told us that they were coming into our home to take temperature checks as part of neighborhood health checks for Covid-19,” Paing Min Khant told Human Rights Watch. “But then they came in and told us they had filed complaints against us under section 19 of the Peaceful Procession and Peaceful Assembly Law in Mayangone and Kyauktada townships [in Yangon].”
Police took him and another student, Wai Yan Phyo Moe, to the Mayangone township police station, where they were told they would face charges under the Peaceful Assembly and Peaceful Procession Law for failing to notify police when distributing anti-war fliers and stickers in downtown Yangon.
Myanmar’s Peaceful Assembly and Peaceful Procession Law requires organizers to give notice to the authorities 48 hours before holding a protest or assembly. The law carries a maximum penalty of three months in jail and a fine. Treating the distribution of stickers and flyers as an “assembly” requiring notice is a new and overly broad reading of that law, Human Rights Watch said.
The authorities also threatened Paing Yin Khant and Wai Yan Phyo Moe with possible additional charges under section 505(b) of the Penal Code, which carries a penalty of up to two years in prison and a fine.
The pair said police later took them to the Kyauktada township police station and questioned them about the whereabouts of other students before finally releasing the two around midnight. The students said the police did not immediately file charges against them but said they were conducting the investigations as part of an “open” case.
- Impact of Event
- 2
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Enactment of repressive legislation and policies, Intimidation and Threats, Judicial Harassment, Raid
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Sep 11, 2020
- Event Description
Civil society organisations have demanded a judicial enquiry into an incident of assault and police firing on Adivasi demonstrators in Bihar’s Kaimur district. Releasing a fact-finding report on Friday, members of the organisations said that the demonstrators “were not just fired upon and injured in the firing and lathi-charged but were also picked up by the police on trumped-up charges”.
According to the report, on September 11, when a delegation of Adivasi protesters tried to reach out to the forest department officials at Adhaura block of Kaimur to initiate a dialogue, they were abused and manhandled by officials.
“Later on, and quite suddenly, more police poured in, along with CRPF personnel, and unleashed a brutal assault on the Adivasi demonstrators. The police opened fire and lathi-charged the protesters,” the report notes.
“During this period, an Adivasi person Prabhu from Chaphana village was shot by a police bullet, the bullet went through his ear and took a chunk of his ear’s muscle tissue. Police lathi-charged Adivasi women, men, youths and children viciously and many were injured which went unreported. Police brutality continued in the aftermaths of this incident as well,” the report further adds.
They claimed that since September 10, thousands of Adivasis, including women, men, youths and children, from 108 villages of Adhaura Block were protesting under the banner of Kaimur Mukti Morcha in front of the forest department office at Adhaura demanding the implementation of the Forest Rights Act 2006 and rollback the proposal of Kaimur Forest Wildlife Sanctuary and Tiger Reserve.
It was also alleged that on September 12, Kaimur Mukti Morcha’s office in Adhaura was ransacked by police. As per the team, seven activists affiliated with Kaimur Mukti Morcha were arrested on false charges by the police. The arrested activists were first kept in police custody and later presented in front of the judicial magistrate of Kaimur district. They were charged under different sections of the Indian Penal Code (IPC), including the Arms Act.
On October 16, all the seven activists were released on bail. Moreover, two days later, in response to the ‘boycott election call’ given by the Kaimur Mukti Morcha (KMM), political heavyweights, including the central minister of state for home, Nityanand Rai, met the protesters in Kaimoor, requesting to call off the boycott call.
Violation of forest rights
The report has been prepared by a four-member team, consisting of Amir Sherwani Khan and Matadayal of All India Union of Forest Working People (AIUFWP), and Raja Rabbi Hussain of Delhi Solidarity Group (DSG) and Aman Khan, an advocate practicing at the Supreme Court. They visited Adhaura between September 23 and 27. The report has been co-published by AIUFWP, DSG and Citizens for Justice and Peace (CJP).
Speaking to The Wire, Amir Sherwani Khan, a member of the team said, “The forest department constantly violates FRA 2006 by controlling people’s rights over minor forest produce, which is very important for their livelihood.” Khan further said that Adivasi land is being taken without proper consent from Vansamiti and Gram sabhas.”
“We have demanded a judicial enquiry, because villagers want enquiry and action against the police and forest department, implementation of FRA 2006,” Khan told The Wire. According to him, villagers are panicked and terrified because 29 villagers have been charged in a fake and concocted case with serious charges of IPC, such as 307 (Attempt to murder) and the Arms act.
Other demands of the team included a proper and speedy implementation of the Forest Rights Act, 2006, scrapping colonial Indian Forest Right Act 1927, quashing the FIR against all the accused people charged under false cases and compensation to the persons who are charged on false cases and were injured by police firing and lathi-charged. They have also demanded to declare Kaimur a Scheduled area under Panchayat (Extension Scheduled Areas) Act, 1996.
Earlier, on September 30, AIUFWP and CJP had registered a complaint with the National Human Rights Commission (NHRC) demanding an FIR against the officials for unleashing violence and hampering the implementation of the Forest Rights Act under Section 3 (i) (g) of the SC/ST Act.
“As organisations committed to reclaiming the rights over the land of the Adivasi and Forest Dwelling communities and a civil rights group committed to the rule of law and equality before the law as enshrined in the Indian Constitution, we urge this Hon’ble Commission to, in exercise of its powers and functions: “(a) inquire, suo motu or on a petition presented to it by a victim or any person on his behalf [or on a direction or order of any court], into complaint of (i) violation of human rights or abetment thereof; or (ii) negligence in the prevention of such violation, by a public servant,” reads the complaint signed by Roma Malik of AIUFWP and Teesta Setalvad of CJP.
Speaking at the launch of the fact-finding report, Communist Party of India (Marxist) leader Brinda Karat condemned the police action and the consistent harassment of Adivasi groups by forest officials. Karat praised the community for their consistent stands, and supported the demand for a judicial inquiry into the police firing. She also demanded the quashing of the “false cases” and FIRs lodged against 29 protestors.
- Impact of Event
- 8
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Community-based HRD, NGO staff
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Cambodia
- Initial Date
- Sep 10, 2020
- Event Description
Another activist was arrested in Phnom Penh on Thursday as the U.N., international rights groups and dozens of local civil society organizations condemned the government�s �campaign of fear and repression� against human rights defenders.
Police arrested Muong Sopheak on Sothearos Blvd. in Chamkarmorn district�s Tonle Bassac commune around 3 p.m. by court order for incitement to disturb social security, municipal police spokesperson San Sokseyha said on Friday.
His brother, Muong Sony, said Sopheak had been taken by authorities from outside the minor Khmer Will Party�s headquarters. Sopheak and Sony both belong to the Khmer Student Intelligent League Association, two other members of which were arrested last weekend in relation to protests in support of jailed unionist Rong Chhun.
Sopheak�s arrest marks at least 10 activists arrested over the past month amid a series of small street protests, most in support of Chhun. At least four of those detained were members of youth activist group Khmer Thavrak.
Chhun was arrested in late July after alleging that Cambodia was losing territory to Vietnam along their shared border, a controversial and ethnically charged issue.
In a statement on Friday, the U.N.�s human rights office said it had documented the arrests of 24 human rights defenders since Chhun�s arrest, 12 of whom remained in detention.
Several activists also reported being followed and receiving threatening phone calls, including death threats, it said. �Numerous human rights defenders are currently in hiding for fear of being arrested.�
�The current situation marks a deepening of the Government�s intolerance to dissent and repression of the rights to freedom of expression, peaceful assembly and association,� it said, calling on the government to release the arrested activists and end the intimidation against civil society actors.
Human Rights Watch deputy Asia director Phil Robertson also called for the activists� release in a statement on Friday, and urged Prime Minister Hun Sen to �end the de facto ban on critical protests in Phnom Penh.� On Thursday, Amnesty International condemned the arrests as �a shocking, all-out assault on Cambodia�s youth.�
Thirty-nine civil society groups signed a similar statement earlier this week. �We urge the government to end its campaign of fear and repression against peaceful youth and environmental human rights defenders,� they said on Wednesday.
The government�s permanent mission in Geneva this week responded to related criticism from U.N. envoy Rhona Smith.
�Cambodia cherishes freedom of expression, association and peaceful assembly in line with the law, and is deeply conscious that plurality of voices, including the critical one, matters in the development of the country,� it said in a statement, according to state media outlet Agence Kampuchea Presse. �However, article 31 of the Constitution of Cambodia underscores that exercise of personal rights and freedom by any individual shall not adversely affect rights and freedom of others. The exercise of such rights and freedom shall be in accordance with the law.�
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of movement, Offline, Right to liberty and security
- HRD
- NGO staff, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Myanmar
- Initial Date
- Sep 10, 2020
- Event Description
The Mandalay student demonstration on September 10 protested alleged military misconduct in Arakan State. Protesters also demanded the full restoration of 4G mobile internet access in parts of Arakan and Chin states that have been deprived for more than a year.
Ko Myo Chit Zaw, from the Yadanarbon University Student Union, is being detained at the No. 6 police station in Mandalay. Charges have been brought against him under Myanmar’s Natural Disaster Management Law in addition to the Peaceful Assembly and Peaceful Procession Law, Ko Htoo Khant Thaw said.
A total of 13 students who joined the protest have had cases opened against them under Section 19 of the Peaceful Assembly Law, according to the federation.
“It is intended so that we don’t have any rights to note matters related to the military in Myanmar. So, all 13 students who participated in the protest yesterday are facing lawsuits. We don’t think it is appropriate. In fact, we noted the actual situations on the ground,” said Ko Htoo Khant Thaw.
On September 9, three students from the Arakan Student Union who staged a protest in front of the Arakan State government offices were arrested. Cases were opened against them under Section 25 of the Natural Disaster Management Law at the Sittwe Township Court on September 10.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to liberty and security, Right to Protest
- HRD
- Pro-democracy defender, Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Sep 9, 2020
- Event Description
A high school student has been summoned by the police for participating in an anti-government protest in Ratchaburi on 1 August and accused of violating the Emergency Decree and the Public Assembly Act.
The student activist group Free Youth posted a picture of the summons on their Facebook page yesterday (9 September), stating that a 17-year-old high school student who participated in the anti-government protest in Ratchaburi on 1 August has received a police summons alongside 4 other university students, and that this is the first time since the mass protest on 18 July that the authorities have issued a summons for a high school student.
The summons states that the students are accused of violating the Emergency Decree and the Public Assembly Act and of using a sound amplifier in public without permission.
Student activists Panuwat Songsawatchai and Theerachai Rawiwat said that they also received a police summons for participating in the same demonstration.
�For what reason does a peaceful protest without arms by young people calling for a better future, something that is guaranteed by the 2017 constitution which the NCPO dictatorship themselves wrote and which enables this, lead to young people being summoned at this time?� wrote Free Youth on their Facebook page.
�Stop making the country darker than it already is by silencing young people and stopping them from demanding a brighter future. If we still have a twisted structure like the 2017 constitution, if we still have a government which disrespects the people in this way, a bright future for this country will be something that is difficult to bring about.�
- Impact of Event
- 5
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Judicial Harassment
- Rights Concerned
- #COVID-19, Freedom of assembly, Offline, Right to Protest
- HRD
- Pro-democracy defender, Student, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Myanmar
- Initial Date
- Sep 9, 2020
- Event Description
Authorities in Myanmar’s restive Rakhine state have arrested three students from the Rakhine Student Union for ignoring a law against large gatherings during the coronavirus pandemic by participating in a protest against the Myanmar government’s 15-month internet ban on eight townships in the state.
Toe Toe Aung, Kyang Naing Htay and Oo Than Naing staged their protest Wednesday in front of the Rakhine state government office building in the state capital Sittwe, holding signs critical of the government and military. They were arrested mid-protest and were officially charged with violating the Natural Disaster Management Act Thursday evening.
According to Myanmar’s military, the government ban on internet service to townships where Myanmar forces have been fighting the rebel Arakan Army (AA) since December 2018 keeps government troop movements secret while dampening speech that incites ethnic tensions.
The policy has however hampered aid workers helping war refugees and left people uninformed about the coronavirus pandemic.
The director of a local legal support group told RFA’s Myanmar Service that charging the students out of concern for public health was disingenuous.
“It is totally irrelevant to charge these students using the Natural Disaster Management Act. They were holding a protest. They didn’t do anything else, so it is obvious the authorities are trying to indict them for protesting,” Nyein Chan of the Thazin Legal Aids group said.
“Are they going to charge other crimes like robbery or murder that occur during this pandemic under that same law? We should question them. They are manipulating the law to prosecute these students,” said Nyein Chan.
The Legal Clinic Myanmar office told RFA it would provide legal services for the arrested trio.
“These students have asked us for legal help. We are cooperating with other CSOs to give the students the help they need. Well will try to prevent them from being charged by irrelevant laws,” said Mya Thuzar, an attorney at the clinic.
“As we are now in the middle of the COVID-19 pandemic, things are so unstable. So, we will make sure they will not fall into the wrong hands,” Mya Thuzar said.
Unlawful arrests
A Sittwe University Student Union official told RFA the three students were arrested in unlawful ways.
“We are pointing out the wrongdoings of the government and military. I would like to appeal to prosecute them lawfully. They say no one is above the law, whether that is the state government or anyone else,” said the student union’s vice-chair Bhone Pyae Phyo.
“The law is the law. They should apply the law equally to everyone, so I would like to appeal to the authorities to handle the case lawfully,” said Bhone Pyae Phyo.
Aung Than Wai, a Sittwe resident, told RFA that arresting the students goes against democratic ideals.
“The ruling government said they are working to maintain the rule of law, but they always detain everyone who speaks against them. This is very undemocratic,” said Aung Than Wai.
“They always try to silence us. We all know how many townships in Rakhine state are under an internet ban and for how long. These students are just trying to highlight that. The government is always trying to control all of us. This is a clear persecution of the people,” the Sittwe resident said.
At least 289 civilians have been killed and 641 injured in Rakhine state and in Paletwa township of neighboring Chin state since hostilities between the AA and the national army escalated in December 2018, according to an RFA tally.
Students charged in Mandalay
Meanwhile, in other parts of the country, police in Mandalay charged 15 college students from the All Burma Student Union when they also staged protests demanding an end to armed conflicts and the Rakhine internet ban.
Ba Chit, a student who got charged by the authorities told RFA, “They summoned me to come for interrogations. They didn’t arrest me. They asked for the details of the protests.”
“They also asked about our activities in the past. They asked me to sign a proclamation that we wouldn’t protest again but I refused. They said I was free to go,” Ba Chit said.
Kyaw Thiha Ye Kyaw, another member of the student union in Mandalay, told RFA, “I and the other members are still in our college. I told the police I would not come.”
“If they come to take me in person, I will go with them. But I will not back down. We are protesting against the 2008 Constitution. So, we will not acknowledge any charges under the constitution,” the student said.
RFA attempted to contact the police station in Mandalay for comment but were unsuccessful.
- Impact of Event
- 3
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Pro-democracy defender, Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Sep 9, 2020
- Event Description
Beijing police seized publisher Geng Xiaonan (耿潇男) and her husband Qin Zhen (秦真) on September 9. Both have been criminally detained on suspicion of “illegal business activity” and are being held at Haidian District Detention Center. Geng had alerted the world to the July detention of then-Tsinghua University professor and outspoken critic of Xi Jinping, Xu Zhangrun (许章润). Geng had organized the trip which Xu attended and which police later accused him of “soliciting prostitutes” while on. She has also tried to raise awareness of the ongoing enforced disappearance of citizen journalist Chen Qiushi (陈秋实), who reported from Wuhan during the COVID-19 pandemic and has been missing in police custody since February 6. Authorities recently began an investigation into her and her husband’s publishing company, Ruiya Books (北京瑞雅文化传播有限公司), in what appears to be retaliation for her speaking out.
- Impact of Event
- 2
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to healthy and safe environment, Right to liberty and security
- HRD
- Family of HRD, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Related Events
- China: outspoken publisher, her husband detained
- Country
- Viet Nam
- Initial Date
- Sep 8, 2020
- Event Description
Vietnam�s security forces continue the persecution against the unregistered professional group Independent Journalists Association of Vietnam (IJAVN) after arresting its key members, conducting summoning some other members for interrogation in recent days.
Mr. Hoang Van Hung from Hanoi said he was summoned by the Security Investigation Agency of the Hanoi Police Department to its office on September 1 for questioning about his membership to the organization and his activities as well as writing for its website vietnamthoibao.org.
During the interrogation, Mr. Hung admitted that he is a member of IJAVN and has some articles posted on its website, however, he did not remember details of his writing. He refused to give other details, including the passwords of his accounts on Gmail and other online applications.
Several days later, Mr. Nguyen Thien Nhan, a member of the IJAVN�s Board Management was also summoned to the Security Investigation Agency of Ho Chi Minh City�s Police Department for questioning on September 8. During the interrogation which lasted from 8 am to 5 pm, police officers gave numerous questions about the IJAVN and his involvement in the organization. However, he did not give details as the investigators requested him to keep the content of the interrogation unpublicized.
Nhan said before going to the questioning meeting, he gave his phones and laptop to his trusted friend so the interrogators had no access to them. Police told him that he has to undergo other interrogations in the future.
The IJAVN was established in 2014 with the aim to work for freedom of the press in the one-party regime. Numerous articles of its members have criticized the regime on various issues, including human rights abuse, systemic corruption, widespread environmental pollution due to the regime�s unstable economic development, the government weak response to China�s violations to the country�s sovereignty in the East Sea (South China Sea), bad economic policies, etc.
The communist government probably is affected by such articles so it is striving to silence the IJAVN. Along with using technology to attack IJAVN�s website, Vietnam�s security forces have been implementing series of measures to persecute its members, from preventing them to gather or meet with foreign diplomats to arresting a number of its key members.
In early November last year, HCM City Police Department arrested its President Dr. Pham Chi Dung, who was honored with the Information Hero award of the Paris-based Reporters Without Borders (RSF), and charged with �conducting anti-state propaganda� under Article 117 of the Criminal Code with imprisonment of between seven to 12 years or even up to 20 years. Next year, on May 23, the police arrested acting President Nguyen Tuong Thuy after detaining blogger Pham Chi Thanh (penname Pham Thanh) two days earlier. The two independent writers at their 70-year age were charged with the same allegation. The persecution against the organization continues with the arrest of another member named Le Huu Minh Tuan on June 12, and police threaten to detain more members of the organization in a bid to expand the case.
Vietnam, placed at 175th out of 180 countries in the Press Freedom Index of RSF in 2020, has arrested 18 bloggers so far this year, 12 of them were charged with �conducting anti-state propaganda� and four others were alleged of �abusing democratic freedom� for criticizing the communist government.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Armed forces/ Military
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Sep 8, 2020
- Event Description
The Appeal Court has sentenced a villager in Lampang to 1 year in prison and a fine of 400,000 baht for encroaching on national park land, despite evidence that the plot in question has been occupied since 1954.
Wannueng Yawichaipong, 53, formerly named Saengduean Tinyot, a villager from Mae Kwak Village, Ban On Subdistrict, Ngao District, Lampang, was sentenced last week (8 September) to 1 year in prison and a fine of 400,00 baht plus 7.5% in interest after the Appeal Court ruled that she is guilty of encroaching on national forest land and unlawful possession of a firearm. The Court also ordered her to remove her belongings from the land.
Wannueng was twice ordered by Tham Pha Thai National Park to cut down her rubber trees, in 2013 and 2015. After it was proven that the plot in question was not part of the land that was to be declared a national park area, Wannueng demanded compensation, but was then sued by Mae Pong National Forest Area officials in December 2018, despite evidence that the plot in question has been occupied since 1954.
In December 2019, the Lampang Provincial Court dismissed the case and acquitted Wannueng of all charges after Cheewapap Cheewatham, Director of the Forest Protection and Fire Control Bureau, Forestry Department, testified that she had not violated national park boundaries as aerial photographs taken in 1954 showed that the land in question had been previously cleared and occupied.
Wisarut Srichan, an activist from the community rights group P-Move, also testified that Mae Kwak village land has been included in the Community Title Deed project, a campaign launched by the NCPO government to allocate land to villagers.
However, the public prosecutors filed an appeal, and the Appeal Court ruled to overturn the Lampang Provincial Court on the ground that the mitigating circumstances did not apply to Wannueng’s case, and overturned her acquittal in the illegal possession of firearm charge, claiming that the place where the gun was found was unlocked and easily accessible, posing a danger to others.
Wannueng’s case is among those in which villagers affected by the NCPO’s forest reclamation policy face legal prosecution.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Land rights, Right to fair trial, Right to housing, Right to liberty and security
- HRD
- Community-based HRD, Land rights defender, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Active
- Country
- Cambodia
- Initial Date
- Sep 7, 2020
- Event Description
On 6 and 7 September 2020, three human rights defenders and members of Khmer Thavarak,Koet Saray, Tha Lavy and Eng Malai were arrested by police in Phnom Penh, for planning to takepart in a peaceful demonstration to ask for the release of several imprisoned human rightsdefenders. The three defenders have since been appeared in court,charged with �incitement tocommit a felony or cause social unrest� and moved to Phnom Penh Correctional Centres (CC) 1and 2.Khmer Thavarak is a youth group that was set up in early 2020. The movement advocates againstsocial injustices and raises concerns about pressing environmental issues in Cambodia. They havebeen at the forefront of raising human rights concerns in the country, and have also been reachingout to large audiences through their social media platforms to educate and raise awareness onvarious social issues.On 6 September 2020, Phnom Penh police arrested human rights defender and Buddhist monk,Koet Saray over his plans to participate in a peaceful assembly that was to take place on 7September 2020 at the Freedom Park in Phnom Penh. The demonstration was to call for therelease of imprisoned human rights defender Rong Chhun, and to call for the release of imprisonedmembers of Khmer Thavarak, Hun Vannak and Chhoeun Daravy. Koet Saray was presentedbefore the Phnom Penh court on the same day, where he was charged with �incitement to commita felony or cause social unrest� and later sent to pre-trial detention in Phnom Penh�s CC 1.The following day, on 7 September 2020, two other members of Khmer Thavarak were arrested byPhnom Penh police. Human rights defender Tha Lavy was arrested while exiting a tuk-tuk at theFreedom Park, while he was on his way to the demonstration. Woman human rights defender, EngMalai was arrested on the same evening, after leaving the local Office of the United Nations HighCommissioner for Human Rights in Phnom Penh. On 8 September 2020, both defenders werepresented before the Phnom Penh Court, where they were charged with �incitement to commit afelony or cause social unrest� and sent to pre-trial detention, Eng Malai in CC2, and Tha Lavy inCC1.These events closely follow the arrest of three environmental rights defenders, Long Kunthea,Phoung Keorasmey and Thun Ratha of Mother Nature Cambodia, who were also charged withincitement, for planning to organise a one-woman march to the Prime Minister�s residence to raiseawareness about the filling in the Boeung Tamok lake.Following the initial arrest on Monday, the Ministry of Interior released a statement accusing KhmerThavarak of inciting instability and disrupting security and public order, and appealed to the publicto not participate in any of the youth movement�s �illegal� activities. The Ministry called for legalFront Line Defenders is deeply concerned by the progressively hostile environment for humanrights defenders in Cambodia. Front Line Defenders condemns the arrest of human rightsdefenders, Koet Saray, Tha Lavy and woman human rights defender, Eng Malai, as it believes theyare being targeted for their legitimate and peaceful work for the protection of human rights.
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Reprisal as Result of Communication
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- NGO staff, WHRD, Youth
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Active
- Country
- Cambodia
- Initial Date
- Sep 7, 2020
- Event Description
Three activists � including a monk � were arrested over two days at a series of small protests ongoing in Phnom Penh, with the Interior Ministry ordering action against two groups �causing chaos in society.�
In a statement released on Monday, the Interior Ministry accused Khmer Thavrak and Mother Nature of inciting instability and disrupting security and public order.
They were �causing chaos in society using social media and some news media to broadcast articles, leaflets, photos and videos as well as holding demonstrations without legal permission,� the statement said. The groups were not registered as an association or NGO with the ministry, it added.
�The Interior Ministry would like to appeal to people to please not participate in the illegal activities of these groups,� it said, ordering relevant authorities to �take action in accordance with the law to guarantee public order and national security.�
They must prevent �all causes of anarchy and chaos in society as all Cambodian people celebrate Pchum Ben,� it said.
Khmer Thavrak has been engaged in a series of protests since last month, sparked by the arrest of unionist Rong Chhun in late July over comments he made alleging that Cambodia was losing land to Vietnam. In August, Khmer Thavrak attempted to march under the banner of �I Love the Nation,� a celebration of �patriotic heroes� arrested for protecting the country�s borders.
Six of its members were arrested last month after protests held in support of Chhun, and two of them, Chhoeun Daravy and Hun Vannak, have been charged with incitement and are still in jail.
A third member, Tha Lavy, was arrested on Monday.
National Police spokesperson Chhay Kim Khoeun confirmed the arrests of Lavy, Mean Prummony, and Koet Saray on Sunday and Monday amid protests in Phnom Penh.
Kim Khoeun said they had staged protests without permission and in violation of Covid-19 public health measures, but the reason for the arrests was that they had endangered national security.
�If it did not affect social security, [authorities] would not have made the arrests,� Kim Khoeun said.
�Their arrests are not related to their demonstration � don�t confuse it. It�s different,� he said, but declined to say what the national security concerns were.
Prummony and Saray � members of another group, the Khmer Student Intelligent League Association � were arrested on Sunday, while Lavy was arrested Monday, he said.
About 50 protesters gathered near Freedom Park in Russei Keo district on Monday around 8:30 a.m. They faced barricades and a force of about 100 officers from police, military police and security guards hired by local authorities.
After verbal exchanges and being pushed away from entering the park, the protesters walked to the U.S. Embassy to submit a petition before returning. Failing again to enter Freedom Park, the small protest disbanded around 1:30 p.m.
So Metta, a Khmer Thavrak activist who participated in the demonstration, said the authorities� actions violated their rights.
�Where is our freedom? This is a public place for people,� Metta said.
Muong Sopheak, a young protester, said the goal was to lead nonviolent demonstrations demanding social justice, and the participants had no intention to incite opposition against the state�s authority.
�I came to express myself peacefully,� Sopheak said.
In a statement on Saturday, Khmer Thavrak said it would protest every day until September 15. �The demonstrations we lead are an exercise of the freedoms stated in the Constitution of Cambodia, which is the nation�s top law,� it said.
Cambodian Center for Human Rights director Chak Sopheap, said the space for freedom was dwindling. Politicians, journalists, human rights defenders, unionists and ordinary people were finding it hard to fulfill their work without fear, she said.
�When people are afraid, there will be less accountability, and Cambodian governance will have no checks and balances,� Sopheap said.
The government should listen to people�s concerns and give them the opportunity to express themselves, she said.
One of the two activists arrested on Sunday, Saray, was a monk and therefore defrocked at Wat Botum ahead of his arrest, said Khim Sorn, Phnom Penh�s chief monk.
Monks may not hold demonstrations, Sorn said.
�When asked, he said holding demonstrations was his principle, and he has to do it, so we need to let him leave the monkhood to become an ordinary person,� he said.
Meanwhile, three activists from Mother Nature, an environment group, were arrested on Thursday amid plans to raise awareness around the conservation of Boeng Tamok, one of the capital�s �last lakes.�
- Impact of Event
- 2
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment, Vilification
- Rights Concerned
- Freedom of assembly, Offline, Online, Right to liberty and security, Right to protect reputation
- HRD
- NGO
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Active
- Country
- Cambodia
- Initial Date
- Sep 6, 2020
- Event Description
Authorities on Sunday charged three youth environmental activists with incitement and ordered them to pre-trial detention over the trio�s peaceful activism calling attention to the government�s filling in of Phnom Penh�s Boeung Tamok lake.
The three environmental activists - Thun Ratha, a 28-year-old man, Long Kunthea, a 22-year-old woman, and Phuong Keorasmey, a 19-year-old woman � are members of the Mother Nature Cambodia movement and were charged on Sunday over their organising of a planned peaceful march from Wat Phnom to Prime Minister Hun Sen�s house by Kunthea to express her concerns regarding the filling and construction inside Boeung Tamok.
They were arrested on Friday, interviewed by the prosecutor and investigating judge at the Phnom Penh Municipal Court over the weekend and charged on Sunday with �incitement to commit a felony or cause social unrest� under Articles 494 and 495 of the Criminal Code, which carries a prison sentence of between six months and two years as well as a fine of up to 4 million riel. Ratha was sent to pre-trial detention in Correctional Centre 1, and Kunthea and Keorasmey were sent to Correctional Centre 2.
In a separate case, authorities on Sunday also arrested two members of the Active Citizens for Justice youth movement, which had organised a gathering at Freedom Park next week to call for the release of imprisoned union leader Rong Chhun.
Venerable Koet Saray, an ordained Buddhist monk, and Mean Prommony, the vice-president of the Khmer Student Intelligent League Association, were arrested in Phnom Penh over their plans to gather at Phnom Penh�s Freedom Park and call for the release of union leader Rong Chhun. Chhun was arrested in late July and charged with incitement over remarks he made to a radio station about the Cambodia-Vietnam border.
Phnom Penh Municipal Hall had previously issued a statement prohibiting the planned gathering, claiming organisers would not be able to control the number of attendees and accusing them of �inciting� members of the public to protest. The Active Citizens for Justice announced on Saturday that they would go forward with their planned gathering between September 7 and September 15.
With the arrest of Venerable Koet Saray and Mean Prommony, a total of eight people have been arrested for organising or participating in peaceful demonstrations calling for the release of Rong Chhun. More than 142 civil society groups have called on the government to release Chhun and drop all charges against him.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Environmental rights defender, NGO staff, WHRD, Youth
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Active
- Country
- Cambodia
- Initial Date
- Sep 6, 2020
- Event Description
Authorities on Sunday charged three youth environmental activists with incitement and ordered them to pre-trial detention over the trio�s peaceful activism calling attention to the government�s filling in of Phnom Penh�s Boeung Tamok lake.
The three environmental activists - Thun Ratha, a 28-year-old man, Long Kunthea, a 22-year-old woman, and Phuong Keorasmey, a 19-year-old woman � are members of the Mother Nature Cambodia movement and were charged on Sunday over their organising of a planned peaceful march from Wat Phnom to Prime Minister Hun Sen�s house by Kunthea to express her concerns regarding the filling and construction inside Boeung Tamok.
They were arrested on Friday, interviewed by the prosecutor and investigating judge at the Phnom Penh Municipal Court over the weekend and charged on Sunday with �incitement to commit a felony or cause social unrest� under Articles 494 and 495 of the Criminal Code, which carries a prison sentence of between six months and two years as well as a fine of up to 4 million riel. Ratha was sent to pre-trial detention in Correctional Centre 1, and Kunthea and Keorasmey were sent to Correctional Centre 2.
In a separate case, authorities on Sunday also arrested two members of the Active Citizens for Justice youth movement, which had organised a gathering at Freedom Park next week to call for the release of imprisoned union leader Rong Chhun.
Venerable Koet Saray, an ordained Buddhist monk, and Mean Prommony, the vice-president of the Khmer Student Intelligent League Association, were arrested in Phnom Penh over their plans to gather at Phnom Penh�s Freedom Park and call for the release of union leader Rong Chhun. Chhun was arrested in late July and charged with incitement over remarks he made to a radio station about the Cambodia-Vietnam border.
Phnom Penh Municipal Hall had previously issued a statement prohibiting the planned gathering, claiming organisers would not be able to control the number of attendees and accusing them of �inciting� members of the public to protest. The Active Citizens for Justice announced on Saturday that they would go forward with their planned gathering between September 7 and September 15.
With the arrest of Venerable Koet Saray and Mean Prommony, a total of eight people have been arrested for organising or participating in peaceful demonstrations calling for the release of Rong Chhun. More than 142 civil society groups have called on the government to release Chhun and drop all charges against him.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of movement, Offline, Right to liberty and security
- HRD
- NGO staff, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- China
- Initial Date
- Sep 6, 2020
- Event Description
An opposition activist was arrested in Hong Kong on Sunday (Sep 6) by a new police squad for "uttering seditious words", hours before a rally against a controversial security law.
The arrest of Tam Tak-chi, vice president of radical democratic party People Power, is the latest detention of a high profile democracy supporter in the financial hub and came on the morning Hongkongers had been due to vote in a general election, delayed because of the coronavirus.
An unauthorised protest in opposition to a new law that gives authorities sweeping powers - as well as the poll's postponement and a Beijing-backed COVID-19 testing programme - had more than 10,000 online subscribers.
Tam, a former radio presenter known "Fast Beat", was arrested at his home in north east Hong Kong by police officers from the national security squad, although he was not detained under the new law, police said.
"The gentleman we arrested this morning was arrested for uttering seditious words under the Crimes Ordinance's section ten," senior superintendent Li Kwai-wah said, referring to legislation enacted in the British colonial era to clamp down anti-government expressions.
According to Li, Tam was held for using words that "brought into hatred and contempt of the government and raised discontent and disaffection among Hong Kong people" in speeches made across Hong Kong this summer.
Li said the national security police was leading the arrest because at the initial stage of investigation the force suspected Tam of committing "incitement to secession" in article 21 of the national security law.
"But after collection of evidence and consulting the Department of Justice, we decided that it is more suitable to use the Crimes Ordinance," Li said.
Since the national security law was passed in Beijing and implemented in Hong Kong on Jun 30, 21 people, including pro-democracy media mogul Jimmy Lai and prominent activist Agnes Chow, have been arrested for allegations of "incitement to secession", "collusion with foreign forces" and "terrorism acts".
Hong Kong's administration insists the law has not impinged on the rights to freedom of speech and assembly guaranteed to the territory when it returned to Chinese rule in 1997.
Yet certain opinions and expressions in previously free-wheeling Hong Kong have become illegal, and activists have spoken of a deep chilling effect that has seen books yanked from libraries and publishers rush to amend their titles.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Cambodia
- Initial Date
- Sep 4, 2020
- Event Description
Young rapper Kea Sokun, 22, was charged with incitement after his arrest on Friday, Siem Reap Provincial Court spokesperson Yin Srang said.
Sokun�s father Phal Kea, told VOD that Sokun had been arrested in relation to his rap song �Dey Khmer,� or Khmer Land.
The song, posted to YouTube in April, has been watched more than 270,000 times.
�If we run out of land, there is nothing left,� Sokun raps. �Listen to me calmly: Wake up, we are heroes, handcuffed to catch thieves. Destroy the exploiters, put them in jail and lock them up. Take our freedom. Don�t be afraid, do not panic.�
Kea said his son, who dropped out of school in the ninth grade, had written the song himself without any influence from political parties.
He had spoken to his son about the police questioning, which focused on who was behind the song, Kea said.
�He said they only asked about the song, who was behind it � which party do you belong to, and which party does it belong to,� Kea said.
Licadho monitoring manager Am Sam Ath said Sokun�s detention came amid a wave of arrests against young activists that could be considered violations of free expression.
�I don�t think anyone should detain him for the song, because this is a work of art,� Sam Ath said.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Artist, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- China
- Initial Date
- Sep 4, 2020
- Event Description
Chinese authorities in the northern region of Inner Mongolia have arrested a human rights lawyer after he refused to send his child to school amid regionwide protests against plans to end Mongolian-medium education.
Police in Inner Mongolia's Tongliao city are have formally arrested Hu Baolong on charges of "leaking state secrets overseas," ethnic Mongolian scholar Khubis, who currently lives in Japan, told RFA on Wednesday.
He said he last had contact with Hu on Sept. 4.
"Hu Baolong protested because his kid was starting primary school this year," Khubis said. "As a father, he was protesting against [the ruling Chinese Communist Party's] 'bilingual education' policy."
"I was told that he was arrested for giving information to foreigners," he said. "But all his messages were on WeChat and were about regular stuff that most people know about."
Khubis said that, last time they spoke, he and Hu had avoided talking about the massive political resistance to plans to end Mongolian-medium education in the region's schools.
"We talked about everyday life; there was nothing secret or sensitive," Khubis said. "I think they are targeting him for taking part in the resistance movement among parents in Tongliao."
Class boycotts and street protests
Nomin, an ethnic Mongolian and former colleague of Hu's now living in the U.S., said she had tried to contact Hu's sister.
"I asked [his sister] if he had been detained and she said yes, he had," she said.
"The Tongliao authorities told some local parents that they detained [Hu] to encourage the local parents to settle down," Nomin said. "This was a couple of weeks ago."
"I learned via a group chat that Hu is being prosecuted and has been formally arrested."
Plans to end the use of the Mongolian language in the region's ethnic Mongolian schools have sparked weeks of class boycotts, street protests, and a region-wide crackdown by riot squads and state security police in the region, in a process described by ethnic Mongolians as "cultural genocide."
Since the start of the new semester, schools that previously offered Mongolian-medium teaching will start using Mandarin Chinese instead, phasing out any Mongolian-language teaching materials, according to local residents and overseas activists who spoke to RFA.
As well as Hu, the authorities have detained a further eight people on suspicion of "picking quarrels and stirring up trouble," in connection with the schools protests.
Nine deaths so far
According to the New York-based Southern Mongolian Human Rights Information Center (SMHRIC), at least nine people have died and thousands have been detained as the authorities launched a region-wide crackdown on the protest movement, which organized region-wide class boycotts and street protests in response to the policy change.
An estimated 300,000 students have boycotted class across Inner Mongolia since the end of August, with the authorities claiming the policy is a move towards "bilingual education."
Ethnic Mongolians in the region say it is a form of cultural genocide aimed at cutting off their remaining connection to their culture and heritage.
In several areas, the authorities dispatched SWAT teams, plainclothes state security police, and volunteers to strong-arm families into sending their children back to school, SMHRIC reported.
Parents who failed to enroll their children in school were threatened with having them expelled, while hundreds of ethnic Mongolians were forced to resign from public office after they resisted the changes to the curriculum, which were kept under wraps until the start of the new semester at the end of August.
Hu Baolong is the the founder of Tongliao's Menggali law firm, which mostly provides legal services for ethnic Mongolians, especially members of traditional herding communities.
The authorities had earlier imposed a travel ban on him after he represented a client in a politically sensitive legal case, and Hu was prevented from crossing the border into the neighboring country of Mongolia by border guards at Erenhot in 2010, on the grounds that his leaving would "endanger national security."
According to ethnic Mongolian Tara, Hu was also a veteran of the 1989 pro-democracy movement in China.
"He took part in the student movement in 1989, then went on to found his own law firm in Tongliao," Tara said. "He is a dissident, and advocate for freedom, and has been targeted all along; this time he explained the bilingual education policy to everyone in a WeChat group."
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Lawyer
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Sep 3, 2020
- Event Description
Human rights lawyer Anon Nampa and activist Panupong Jadnok have been detained after a court revoked their bail and they refused to reapply for it.
The Criminal Court on Thursday morning deliberated Samran Rat police�s request to revoke their bail. Officials claimed they had violated the bail conditions by committing offences in a manner similar to what they had been accused of. Police submitted as evidence clips of Mr Anon�s speeches at pro-democracy rallies in Chiang Mai and Thammasat University on Aug 8 and 10, respectively.
The court revoked the bail for Mr Anon, 35, saying it agreed with police. The court stressed it had yet to rule on his guilt � it only viewed his actions are of the same nature as the previous accusation against him � and Mr Anon could still apply for bail again.
However, the lawyer did not take the offer. Instead, he wrote a note to his supporters that his duty outside was done.
Bail granted Protest-linked arrests Activist nabbed
�Let my detention today be a proof of the intimidation of people. Let�s get back at them come Sept 19, 2020,� he wrote, referring to the Free People rally planned for that day.
In another courtroom, another judge also viewed Mr Panupong, 24, a Free Youth activist, had violated the terms of his bail. �But given his age, profession and the act cited as the reason to revoke his bail, the damage had not been done to the case and the accused deserved another chance,� the judge said.
It decided to increase the surety to 200,000 baht and require that he report himself to the court in 15 days.
Like Mr Anon, Mr Panupong did not take the offer. They were taken to Bangkok Remand Prison.
On Aug 7, the pair was held for their roles at the Free Youth rally at the Democracy monument in Bangkok. The seven charges against the two men are: inciting unrest or sedition (Section 116 of the Criminal Code); illegal assembly of more than 10 people (Section 215 of the Criminal Code); holding activities at risk of spreading contagious diseases (emergency decree); obstructing public space (Section 385 of the Criminal Code); obstructing traffic (Section 114 of the Land Traffic Act); violating the cleanliness law (Section 19) and using loudspeakers without prior approval (Section 4).
The charge under Section 116 carries a maximum penalty of seven years in prison.
The court approved their temporary releases on bail the next day on condition that they not commit offences in the same manner that led to their arrest in the first place.
Both continued to join rallies, believing it was within their rights.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Lawyer, Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Active
- Country
- Cambodia
- Initial Date
- Sep 3, 2020
- Event Description
Members of the environmental group Mother Nature spent Thursday trying to trace the whereabouts of three of its prominent activists, who were arrested by Phnom Penh police in the middle of producing the group�s latest campaign video.
Phnom Penh Municipal Police spokesperson San Sokseyha confirmed Thursday afternoon that Thun Ratha, Long Kunthea and Phuong Keorasmey had been arrested and detained for questioning. Ratha faced questions over broadcasting without permission from his house, while Kunthea and Keorasmey were arrested for posting news about Boeng Tamok lake, the spokesperson said.
�Our Chbar Ampov police questioned them related to the post that can be seen on the Mother Nature Cambodia page,� he said. �They posted news about the filling up of the lake and so on and they broadcasted and planned to meet leaders at home.�
On Tuesday, Mother Nature�s Facebook page posted that Kunthea planned to march by herself from Wat Phnom to Hun Sen�s house next to Independence Monument from 11 a.m. on Thursday. She wanted to express to the premier her concerns over filling and construction in Tamok lake, one of the last substantial wetlands in Phnom Penh.
Mother Nature founder Alejandro Gonzalez-Davidson, who was deported in 2015 and has been consistently denied re-entry to Cambodia, told VOD he was coordinating with the activists from his home in Barcelona.
He said the group was still trying to piece together details of Kunthea and Keorasmey�s arrest.
The three activists had planned to keep the demonstration to one person in order to avoid causing disruptions to traffic and drawing crowds, either of which might have been considered a disturbance of public order, Gonzalez-Davidson said.
Kunthea, dressed in white, was to walk the route to Hun Sen�s central Phnom Penh estate on her own, with Keorasmey streaming from her phone for the group�s live social media show. Ratha would be broadcasting from a simple studio set up in his home, Gonzalez-Davidson said.
But by the end of the day, all three were in police custody.
Gonzalez-Davidson said he did not know how Kunthea and Keorasmey were arrested, but he had found out that the two women were being held for questioning at the Chbar Ampov district police station.
�You�re sending 20-year-old girls to jail for wanting to meet the prime minister � they�re not even protesting,� he said.
Ratha was arrested at his home in Pur Senchey district�s Choam Chao I commune, he said. Though he was unsure whether officials confiscated any equipment from Ratha, officials left a handwritten, thumb-printed note on the door, saying that the house was closed by authorities for broadcasting news without permission.
�I�ve never seen anything like this,� Gonzalez-Davidson said. �No journalist or activist has been arrested for saying they plan to post things on Facebook.�
The note taped against the house was signed by deputy municipal police chief Bun Soksekha, deputy chief of the municipal information department Chheang Buntha, Phnom Penh municipal court deputy prosecutor Kuch Kimlong and other officials.
Information Ministry spokesperson Meas Sophorn said the ministry had received information about the three arrests, but he declined to give any details, saying authorities were processing the case.
�The ministry has no additional comment on this work since the case is in the procedure of the authorities, and the ministry will continue to follow this case,� he said.
Authorities have taken strict measures against youth protesters in recent months, most recently arresting four activists who were prominent in demonstrations calling for the release of unionist Rong Chhun. Authorities have also thwarted a bicycle tour and a photo exhibition to raise awareness about the conservation of Koh Kong Krao island, as well as memorials and marches for murdered political analyst Kem Ley.
There were not many people left who were willing to voice their criticisms of the government, Gonzalez-Davidson said, but he felt that the arrests were stirring anger among the general public.
�The status quo is changing,� Gonzalez-Davidson said. �Cambodia is becoming more and more of a Stalinist [government], very similar to Laos and approaching North Korea territory in terms of jailing people for posting on Facebook. But that doesn�t mean we will stop talking about it.�
Pat Rasmey, the wife of Ratha, said she believed her spouse�s arrest was due to his social work, and she would make her voice heard too.
�He dares to speak straightforwardly on the current social issues,� she said. �If they do not release my husband, I will protest the next day.�
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- NGO staff, WHRD
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Active
- Country
- India
- Initial Date
- Sep 2, 2020
- Event Description
On 7 and 8 September 2020, human rights defenders, Sagar Tatyarao Gorkhe, RameshMurlidhar Gaichor and, woman human rights defender Jyoti Jagtap of the Kabir Kala Manchwere arrested by the National Investigation Agency (NIA), in relation to the violence that broke-outat Bhima Koregoan on 1 January 2018. The three defenders are currently being held in NIAcustody in Mumbai.Kabir Kala Manch (KKM) is a Pune based cultural troupe formed by members of the youth in theBahujan community in the state of Maharashtra. Their performances speak out against the castesystem and the various atrocities committed against the community across the country. SagarTatyarao Gorkhe, Ramesh Murlidhar Gaichor and Jyoti Jagtap form part of a group of musiciansand poets in the cultural organisation. As part of the group, the three defenders performed at the‘Bhima Koregaon Shaurya Din Prerana Abhiyan’ on 31 December 2017,a celebration of the 200thanniversary of the Dalit victory over the Peshwas (upper caste rulers) in the Battle of Koregaon. On 7 September 2020, human rights defenders Sagar Tatyarao Gorkhe and Ramesh MurlidharGaichor were arrested at the NIA office in Mumbai. Almost two months previous, between 13 and15 July 2020, the defenders had been called in for interrogation by the NIA, under the pretence ofbeing witnesses to Maoist activity. On 2 September 2020, both defenders were issued a notice bythe NIA, asking them to appear again on 4 September 2020 for further questioning. During theinterrogation, both Sagar Tatyarao Gorkhe and Ramesh Murlidhar Gaichor were asked to implicatethose currently detained in the Bhima Koregaon case by making a false admission that thedetainees had been in touch with Maoists. Furthermore, the interrogation officials went on to statethat they would release the two defenders if they gave a such a statement under Section 164 of theCode of Criminal Procedure (CrPC), which has a provision for witnesses to avoid arrest. Bothdefenders were then asked to go to the NIA office on a daily basis until 7 September 2020, at whichpoint they were arrested. The following day, the defenders were brought before a NIA SpecialJudge who ordered them to be held in NIA custody until 11 September 2020. The custody hasbeen extended until 19 September 2020.On 8 September 2020, woman human rights defender Jyoti Jagtap was arrested by the Anti-Terrorism Squad in Pune, and then later brought to the NIA in Mumbai. The previous day, on 7September 2020, the defender had gone to the NIA office in Mumbai after receiving a notice topresent herself earlier that day. She was briefly questioned but no statement was taken by theauthorities. When she was arrested the next day, she was brought before the NIA Special Judge on9 September 2020, who remanded her to police custody until 11 September 2020. The custody hasbeen extended until 19 September 2020.The three defenders have been targetted since their participation in the ‘Bhima Koregaon ShauryaDin Prerana Abhiyan’ in December 2017. Sagar Tatyarao Gorkhe, Ramesh Murlidhar Gaichor andJyoti Jagtap were all named in the initial First Information Report of the Bhima Koregaon case. On17 April 2018, the homes of all three defenders were raided by the Pune police, who seized all oftheir electronic devices, including mobile phones, CDs and hard disks. The defenders were notpresented any warrants authorising the search and neither was an inventory of items provided bythe police.The arrest of Sagar Tatyarao Gorkhe, Ramesh Murlidhar Gaichor and Jyoti Jagtap, and thecontinued incarceration of twelve others accused in the Bhima Koregaon case are a direct reprisal for their peaceful human rights work. The arrests take place during COVID-19, despite the risk thatimprisoned human rights defenders face in this context. Front Line Defenders has previouslyexpressed concerns over the continued detention and health of the accused in the context of thepandemic, seeing most of them fall in the ‘at-risk’ category, and in particularhas askedthatimmediate medical attention be provided toVaravara Rao.Front Line Defenders condemns the arrest of Sagar Tatyarao Gorkhe, Ramesh Murlidhar Gaichorand Jyoti Jagtap and the continued incarceration of Varavara Rao, Sudha Bhardwaj, VernonGonsalves, Gautam Navlakha, Arun Ferreira, Sudhir Dhawale, Rona Wilson, Shoma Sen, AnandTeltumbde, Mahesh Raut, Surendra Gadling and, Hanu Babu as it believes they are directly relatedto their peaceful human rights work on behalf of the most marginalised communities in India.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Offline, Right to fair trial, Right to liberty and security
- HRD
- Artist, Community-based HRD, Minority rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Sep 1, 2020
- Event Description
Student Union of Thailand (SUT) president Jutatip Sirikhan has been arrested while on the way to university earlier today (1 September) for her participation in the 18 July mass protest.
Jutatip was arrested while on a taxi on her way to class at Thammasat University�s Tha Prachan campus. She went live on Facebook at 12.50 today when plainclothes police officers stopped the taxi she was in and delivered an arrest warrant.
Jutatip was taken to Samranrat Police Station. An officer accompanied her in another taxi to the station, since she did not feel safe enough to travel in the private car the officers brought to arrest her. She stayed live on Facebook and read out passages from the Thai translation of Thomas Paine�s Common Sense during the travel to the station.
She was then taken to the Bangkok Criminal Court and was granted bail and released at 17.20 using the academic position of a lecturer at Thammasat University as security. The Court did not require her to immediately pay the 100,000 baht security, but imposed the condition that she does not repeat the actions for which she was being charged � the same condition given to everyone else who has been arrested and released on the same charges.
Jutatip appeared in front of the Criminal Court after her release and gave a short press conference.
�When they were arresting me, they rode a motorcycle up to the car I was on and knocked on the window. I was shocked, thinking that they were thieves, but instead they showed me their ID cards and telling me their rank, said they were police,� Jutatip said. �I didn�t intend to run away to begin with. I know I have an arrest warrant. I have been waiting to be arrested for a very long time, but it didn�t happen until today. Each time someone gets arrested, there will be slurs against our side that we did not protest peacefully.
�I am a student and I have been harassed by the police for months, for years. Why is there no compensation for me? Why must there be compensation for the police who are servants of the dictatorship?
�There should actually be a summons first, but what happened was that the police brought the arrest warrant and arrested me. It�s extremely unfair to a student. They followed me with my phone signal, followed me from where I�m staying. They threatened my home, they threatened my family, they took a warrant to my house, so now we have to escalate our protest. Everything is supported by the Constitution.
�We pay our taxes. We must receive protection from the state, not harassment from the state. So today I have to express myself symbolically that we can do this. We must stand by our rights and freedoms. Throwing paint is also something that can be done.�
Jutatip then threw a bucket of white paint over herself while holding up her hand in the three-finger �Hunger Games� salute. She said that the white paint represents purity and justice, and that they are demanding justice back.
�We are showing that this is freedom, this is the kind of expression we can do,� Jutatip said. �Even if now it is throwing paint over ourselves, it is a way of showing that we can throw paint at any time. We can throw paint over those with power, because those with power throw legal charges over us, throw bullets at us without exception.�
�Paint can be washed out, but we can�t wash out injustice,� Jutatip said.
Afterwards, Jutatip thanked the lecturer who came to make bail for her and the people who came to support her, and helped the crowd clean the paint off the sidewalk in front of the footpath in front of the Court. �We won�t stop fighting until we win in everything, including monarchy reform and a new constitution,� Jutatip said.
Jutatip is the 14th activist to be arrested for participating in the 18 July mass protest. 15 other participants at the protest have also received a summons and reported to Samranrat Police Station to hear the charges against them on 28 August. Jutatip was charged with sedition and violation of the Emergency Decree and the Communicable Diseases Act, among other charges.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Student, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- India
- Initial Date
- Sep 1, 2020
- Event Description
A Dalit writer and activist, Durai Guna, has been arrested in Tamil Nadu’s Pudukottai district for putting up sarcastic ‘recruitment’ posters — critical of the district administration in a circuitous way — across his native town. The posters are a way to protest against alleged administrative apathy and inaction against encroachment of a waterbody in his village.
The posters appeared as an advertisement and mockingly ‘invited’ candidates for posts ranging from tehsildar to district collector, leaving Revenue officials fuming, according to a senior police officer.
The waterbody concerned — Vettukulam water tank, spread on 3 acres of land — is in Karambakudi village of the district.
The police officer said Guna was arrested late on Tuesday based on an FIR registered under non-bailable charges under IPC Sections 170 (pretending to hold any post as a public servant) and 501 (printing any matter known to be defamatory), among others.
The officer said, “The posters defamed the administration. We received the complaint from a village official, and were told to file a case and arrest him.”
Maintaining that Guna had “motives” to defame the administration when he had proper methods to raise a complaint, District Collector P Uma Maheshwari said, “Now I have decided to book all encroachers (of the waterbody concerned) under Goondas Act.”
The poster — titled “Job Openings, People Needed” — invited honest and efficient candidates for the posts of collector, district revenue officer, tehsildar and village administrative officer in order to revive a waterbody by removing encroachment as per Madras High Court’s order. According to it, qualifications required were “common sense, self-respect and maturity.”
Asked about the arrest on serious charges for what was seemingly a harmless protest criticising the administration, District Collector Maheshwari said, “There were many complaints against him. He was arrested twice for different offences. I am told by the police that there are four FIRs against him and he was let out on bail after arrests on both occasions.”
Stating that Guna never approached her with a petition on the issue, Maheshwari said: “He petitioned the tehsildar. Our officials inspected the land and decided to give two months’ time since they (villagers) had already sown crops for this year.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Artist, Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Aug 30, 2020
- Event Description
The wife of a Vietnamese activist is refusing to comply with a police summons to discuss the case of her husband, Trinh Ba Phuong, one of three detained members of the Trinh family who are awaiting trial over a deadly land rights clash outside Hanoi, her father-in-law told RFA Monday.
Trinh Ba Phuong�s wife, Do Thi Thu, gave birth to their child around the time of his June 24 arrest along with his brother, Trinh Ba Tu, and mother, Can Thi Theu, for spreading information critical of a police raid early this year to quash a long-running dispute over a military airport construction site at Dong Tam.
Police arrived at Do�s house in Hanoi�s Duong Noi district on Sunday to deliver the summons.
�The communist police yesterday summoned my daughter-in-law again, but she said she would not to go to police station. She refused to receive the summons, no matter what the communists want her to do,� Do�s father in law Trinh Ba Khiem told RFA�s Vietnamese Service.
�I think they want to investigate Trinh Ba Phuong�s case. My daughter-in-law just gave birth two months ago around when her husband was arrested, that�s why she decided not to go to police station,� he said.
Do�s interaction with the police Sunday was livestreamed on her Facebook account. The video showed police officers in plainclothes delivering the summons, which Do refused to sign for. She also told them she would not appear at the local police station on Sept. 3 as requested.
The three detained members of the Trinh family had been outspoken in social media postings about the Jan. 9 Dong Tam clash, in which 3,000 police stormed barricaded protesters� homes at a construction site about 25 miles south of the capital, killing a village elder. Three police officers died in the battle.
The Trinhs openly offered information to foreign embassies and other international figures to try to raise awareness of the incident.
Bureaucratic runaround
Trinh Ba Khiem also told RFA Monday that he encountered yet another stumbling block in his attempt to visit his other detained son, Trinh Ba Tu, after the family was told he had begun a hunger strike in early August.
RFA previously reported that the Trinh family patriarch had attempted to meet his younger son at the Cham Mat detention center in Hoa Binh province where he and his mother are being held.
Joined by an entourage of residents from Hanoi�s Duong Noi district, Trinh was last week turned away by camp police who threatened that they would be beaten by gangsters.
The group later visited the Ministry of Public Security in Hanoi, who told them to submit a letter to the police in Hoa Binh province to request an �indirect meeting� with his son, where they would be able to see each other through a glass window but would not be able to talk.
Trinh Ba Khiem told RFA Monday that the letter alone was not enough.
�This morning around 10 a.m. I and several residents of Duong Noi district arrived at the Hoa Binh province police department. Two residents and I met with an officer named Dinh Le Hoa, who requested an official testimony from the police at the local commune station confirming that [I] and Trinh Ba Tu are in a father-son relationship,� he said.
�I went back home and then to the commune police, but they did not confirm [our relationship] so my letter was not sent to the detention camp and I could not meet with my son,� he added.
The reason for Trinh Ba Tu�s hunger strike remains unclear. RFA first learned of the strike last week from Trinh Ba Tu�s sister Trinh Thi Thao, who said that an unknown person had told her that her brother had stopped eating.
RFA attempted to confirm the hunger strike with the detention camp, but officers there said they were not at liberty to provide information. The detention camp�s commissary records show that Trinh and his mother stopped buying food on Aug. 6.
In an earlier flare up of the Dong Tam dispute that goes back to 1980, farmers detained 38 police officers and local officials during a weeklong standoff in April 2017. Three months later, the Hanoi Inspectorate rejected the farmer�s claims that 47 hectares (116 acres) of their farmland was seized for the military-run Viettel Group�Vietnam�s largest mobile phone operator�without adequate compensation.
While all land in Vietnam is ultimately held by the state, land confiscations have become a flashpoint as residents accuse the government of pushing small landholders aside in favor of lucrative real estate projects, and of paying too little in compensation.
International organizations have voiced concern about the Dong Tam case, calling on the Vietnamese government to hold an independent and transparent investigation.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Right to healthy and safe environment
- HRD
- Family of HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Aug 27, 2020
- Event Description
Dozens of Kazakh activists were given short jail sentences or fines for attending a commemoration of prominent civil rights campaigner Dulat Aghadil, who died in custody in February.
At least seven people were found guilty for attending an unsanctioned rally and sentenced to up to 15 days in detention this week, relatives and rights defenders said.
Among those jailed were activists Alma Nurysheva and Alsan Hasanonov, who were sentenced by a court in Aqmala Province on August 27. Their trials took place via a video link.
The same court ordered several other activists to pay fines ranging between $200 and $400.
Kazakh human rights defenders say “dozens” of activists from Nur-Sultan, Almaty, Aqtau, Oskemen, and Semei cities have gone on trial in recent days.
At least 100 people attended the commemoration on August 8 in Aghadil’s home village of Talapker in the Aqmola Province.
They walked from Aghadil’s family home to the village cemetery where he was buried to commemorate the civil rights campaigner.
Aghadil, 43, died under mysterious circumstances while being held in pretrial detention in the capital, Nur-Sultan, in late February, just one day after being arrested for failing to comply with a court order to report to local police.
Authorities said Aghadil died from a heart attack, but his family and fellow rights defenders say he had no history of heart issues.
Rallies were held in Nur-Sultan and other cities in February and March to demand a thorough investigation into his death.
- Impact of Event
- 2
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Cambodia
- Initial Date
- Aug 26, 2020
- Event Description
The Appeal Court on Wednesday upheld a lower court decision to arrest and jail unionist Rong Chhun over his claims that Cambodia had ceded land to Vietnam, denying him release on bail as his supporters continued to rally outside the court.
Chhun, the president of the Cambodian Confederation of Unions and a representative of the border-focused advocacy group Cambodia Watchdog Council, was arrested on the evening of July 31, then charged with incitement to commit a felony and detained the next day over his statements about border markers between Tbong Khmum province and Vietnam.
Speaking to reporters after the closed-door hearing, defense lawyer Chuong Choungy said Appeal Court Judge Khun Leang Meng rejected Chhun’s bail request and petition against his provisional detention sentence.
Choungy said the judge claimed the imprisonment was to prevent Chhun from committing further offenses and to ensure the accused followed court procedures, which Choungy called a violation of his client’s freedoms.
The attorney also questioned the legality of Chhun’s nighttime arrest.
“[We] lawyers think that authorities violated the law, so that’s why [we] appealed this imprisonment,” he told reporters.
Choungy said his client had posted on social media last month after visiting border markers 114 and 119 in Tbong Khmum, saying that Chhun wanted to know the truth about the area and urge the government to prevent Vietnam from encroaching on Cambodian territory at the border — long an incendiary political issue.
“Authorities based [the charge] on a post on social media and accused him, and he claimed that what he did is for the benefit of society and for [national] territory,” he said. “Rong Chhun said he did not incite to cause chaos.”
But officials have denied Chhun’s claims that Cambodians have lost land at the border to Vietnam, and called his statements “fake news.”
During the hearing, about 50 people, including Chhun’s relatives and youth activists, gathered outside the court, holding pictures of Chhun and other detained activists to demand their release.
Chhun’s arrest has sparked several protests near the Phnom Penh Municipal Court this month, which culminated in the arrests of youth activists, including Hun Vannak and Chhoeun Daravy, as well as Khmer Win Party president Suong Sophorn after he too commented on border issues.
Long Rim, a teacher who joined Wednesday’s protests, echoed statements from Chhun’s lawyer, saying he felt the union leader’s comments were intended to improve society and his imprisonment was unjust.
“I do not think that what he did was a mistake [worth] being charged, being punished and being persecuted,” Rim said. “So I cannot be silent. I have to participate. I have to demand [the court] to drop all charges and let him be free.”
During a speech earlier this month, Prime Minister Hun Sen warned that anyone who continued to criticize the government’s actions at the Vietnam border, and claimed demarcation was resulting in Cambodia losing land to its neighbor, would be arrested.
On Tuesday, the premier tasked the government’s Joint Border Committee to visit Cambodians in Tbong Khmum who claimed to have lost their land to Vietnam due to border demarcation, and potentially hold a seminar to explain border issues to anyone concerned.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Labour rights defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Aug 26, 2020
- Event Description
Thai authorities are increasingly arresting pro-democracy leaders in Bangkok for their role in organizing the widening protests, Human Rights Watch said today. The authorities should immediately drop all charges and unconditionally release pro-democracy activists arbitrarily detained for participating in peaceful rallies.
On August 26, Thai police arrested Tattep “Ford” Ruangprapaikitseree and Panumas “James” Singprom of the Free Youth Movement. The police charged the activists with sedition, which carries a maximum seven-year prison term, assembly with an intent to cause violence, violating the ban on public gatherings, and other criminal offenses related to their involvement in a peaceful pro-democracy protest in Bangkok on July 18. Both are prominent advocates for gender equality and LGBT rights.
“Thai authorities should stop arresting and charging activists for organizing and participating in peaceful pro-democracy rallies,” said Brad Adams, Asia director. “The Thai government should stop believing that cracking down on protest organizers will make the pro-democracy rallies go away.”
The Bangkok Criminal Court released Tattep and Panumas on bail in the evening of August 26 after an opposition member of parliament used their position to guarantee the activists’ release, and on the condition that they would not engage in the alleged offenses for which they were arrested. Upon their release, the two activists announced that they will continue to speak at pro-democracy rallies.
The police previously arrested six pro-democracy activists on similar charges. Tattep, Panumas, and these activists are among 31 people whom the police seek to arrest for speaking onstage at the July 18 protest at Bangkok’s Democracy Monument organized by the Free Youth Movement. The protesters called for democracy, political reforms, and respect for human rights.
Since the July 18 protest, youth-led protests by various groups have spread across Thailand. The largest protest was in Bangkok on August 16, with participants calling for the dissolution of parliament, a new constitution, respect for freedom of expression, and reforms of the institution of the monarchy to curb the current monarch’s powers. One of the activists, Arnon Nampha, a lawyer, has been arrested three times in one month on the same charges involving different protests.
In recent days Prime Minister Gen. Prayuth Chan-ocha appears to have dropped his previous pledges to listen to dissenting voices and adopted a more hostile stance toward pro-democracy activists. “There are conflicts in our society,” the prime minister said at the gathering of government supporters on August 25. “The core of Thailand is comprised of nation, religion, and monarchy. This will never change. I will never allow that to happen. Every Thai must defend Thailand from those who want to destroy our country ... The law will never forgive them.”
The International Covenant on Civil and Political Rights (ICCPR), which Thailand ratified in 1996, protects the rights to freedom of expression and peaceful assembly. However, Thai authorities have routinely enforced censorship and gagged public discussions about human rights, political reforms, and the role of the monarchy in society. Over the past decade, the government has prosecuted hundreds of activists and dissidents on serious criminal charges such as sedition, computer-related crimes, and lese majeste (insulting the monarchy) for peacefully expressing their views.
“Thailand’s human rights crisis is increasingly reverberating around the world,” Adams said, “The United Nations and concerned governments should press the Thai government to end the crackdown on pro-democracy activists and peaceful rallies, and unconditionally release those arbitrarily detained.”
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Pro-democracy defender, Student, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Kazakhstan
- Initial Date
- Aug 26, 2020
- Event Description
A Kazakh activist has been sentenced to 10 days of administrative detention for taking part in an unsanctioned rally commemorating prominent civil right campaigner Dulat Aghadil, who died in custody in February.
Aitbai Aliev’s family said that the activist was detained by police in the southern province of Qyzylorda on August 26 and sentenced about 30 minutes later by a court in another province.
"They detained my father at around 5:35 p.m…Half-an-hour later, at 6:00 p.m., a district court in Aqmola Province held a trial via a video link," his son told RFE/RL.
Aliev was sentenced on August 26 after "pleading guilty," a document from an Aqmola court reads.
In July, Aliev was found guilty of "involvement in the activities of a banned extremist group" and was sentenced to restricted freedom -- a form of non-custodial sentence -- for six months.
That sentencing came after Aliev expressed support for the banned Democratic Choice of Kazakhstan movement led by fugitive opposition politician Mukhtar Ablyazov.
On August 8, Aliev joined dozens of other Kazakh activists in Aghadil’s home village of Talapker in Aqmola Province.
They walked from Aghadil’s family home to the village cemetery where he was buried to commemorate the civil rights campaigner.
Aghadil, 43, died in mysterious circumstances while being held in pretrial detention in the capital, Nur-Sultan, in late February, just one day after being arrested for failing to comply with a court order to report to local police.
Authorities said Aghadil died from a heart attack, but his family and fellow rights defenders say he had no history of heart issues.
Rallies were held in Nur-Sultan and other cities in February and March to demand a thorough investigation into his death.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Aug 26, 2020
- Event Description
Hubei activist and blogger Liu Yanli (刘艳丽), 45, lost her appeal against the 4-year prison sentence handed down in violation of her right to freedom of expression. Jingmen City Intermediate People’s Court upheld the original conviction and sentence on August 26, 2020. Liu had been convicted and sentenced on April 24, 2020 by Dongbao District Court in Jingmen City for “picking quarrels and provoking trouble”. Liu Yanli was formerly an employee at a bank in Jingmen City, Hubei province and a blogger. In recent years, she has repeatedly posted comments online calling for support for the army veterans who fought during the Anti-Japan (Second World) War. She also called for disclosure of officials’ assets. She established over 160 WeChat groups to raise awareness about social justice issues.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Blogger/ Social Media Activist, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Indonesia
- Initial Date
- Aug 26, 2020
- Event Description
Dalam rentang waktu satu bulan terakhir, beberapa anggota masyarakat adat Kinipan, Kecamatan Batang Kawa, Kabupaten Lamandau Kalimantan Tengah ditangkap. Koalisi Keadilan untuk Kinipan menganggap penangkapan masyarakat adat Kinipan ini adalah upaya kriminalisasi membungkam perjuangan masyarakat adat Kinipan dalam perlawanan terhadap ekspansi perkebunan PT Sawit Mandiri Lestari (SML).
Rabu (26/8/2020) siang, pasukan kepolisian yang di antaranya berseragam hitam, lengkap dengan rompi, helm dan senjata laras panjang, dilaporkan menangkap paksa Effendi Buhing, Ketua Komunitas Adat Laman Kinipan di rumahnya di Desa Kinipan, Kecamatan Batang Kawa, Kabupaten Lamandau.
Dari video penangkapan yang beredar, Effendi Buhing sempat menolak dirinya ditangkap. Karena menurut Effendi, penangkapan tersebut tidak jelas alasan dan persoalannya. Namun demikian, pihak polisi tetap memaksa menangkap dirinya.
Effendi terlihat diseret paksa oleh sejumlah personel kepolisian dari rumahnya menuju mobil berwarna hitam yang sudah disiapkan. Di dekat mobil tersebut, juga terlihat polisi berseragam warna hitam dan bersenjata api laras panjang. Penangkapan Effendi ini diiringi suara histeris warga dan keluarganya. Sejauh ini belum diketahui persoalan apa yang menyebabkan Effendi Buhing ditangkap.
Penangkapan Effendi ini menuai tanggapan keras dari Koalisi Keadilan untuk Kinipan. Koalisi yang di antaranya termasuk Aliansi Masyarakat Adat Nusantara (AMAN) Kalteng, Wahana Lingkungan Hidup (Walhi) Kalteng dan Save Our Borneo ini menyatakan sikap. Pertama, mengecam keras tindakkan represif aparat Kepolisian dari Polda Kalteng atas penangkapan Effendi Buhing di rumahnya pada Rabu, 26 Agustus 2020.
Koalisi juga mendesak Kapolda Kalteng segera membebaskan Effendi Buhing dan 5 warga Komunitas Adat Laman Kinipan lainnya yang telah ditangkap sebelumnya. Selanjutnya, Koalisi juga meminta agar upaya kriminalisasi terhadap tetua, tokoh, masyarakat adat dan pejuang lingkungan yang berjuang mempertahankan hak, hutan, wilayah adat dan ruang hidup mereka dari ancaman alih fungsi kawasan oleh PT SML dihentikan.
"Mendesak agar pemerintah melakukan evaluasi terhadap izin PT Sawit Mandiri Lestari yang beroperasi di wilayah adat Kinipan," kata Direktur Walhi Kalteng, Dimas N. Hartono, Rabu (26/8/2020).
Dimas mengatakan, pihaknya telah menyiapkan pendamping hukum untuk Effendi Buhing. Saat ini pendamping hukum yang ditunjuk tengah melakukan komunikasi dengan pihak kepolian terkait penangkapan Effendi.
Menurut Dimas, penangkapan Effendi, Riswan dan 4 warga Kinipan lainnya ini merupakan salah satu upaya kriminalisasi, agar masyarakat tidak melakukan penolakan terhadap kehadiran PT SML.
"Kita berharap polisi tidak sebatas melihat sisi ini saja. Tapi akar masalahnya ini yang harus dilihat. Masyarakat berupaya melindungi hak mereka, melindungi peninggalan nenek moyang mereka agar tidak dirusak atau dihilangkan oleh perusahaan. Apalagi kita ketahui bersama di lokasi tersebut potensi ulinnya masih sangat besar," kata Dimas.
Dimas mengatakan, berdasarkan catatan Walhi Kalteng, sejak 2005 hingga 2018 terdapat 345 konflik antara masyarakat dengan perkebunan kelapa sawit. Semua konflik tersebut rentan terjadinya kriminalisasi dan penangkapan terkait penolakan investasi yang ada di Kalteng.
"Kenapa ini bisa terjadi? Itu yang harus dilihat lebih mendalam. Kenapa masyarakat melakukan penolakan-penolakan. Karena hak mereka tidak diakui. Khususnya terkait di Kinipan itu sendiri adalah hak mereka dalam hal mengelola wilayah adatnya sendiri secara mandiri."
Sebelum Effendi Buhing ditangkap, ada 5 warga Kinipan lainnya yang juga ditangkap dan ditahan Polda Kalteng. Yakni Riswan, Desem, Yusa, Teki dan Embang. Mereka ditangkap dan ditahan di waktu yang berbeda.
Riswan ditangkap pihak Polda Kalteng satu hari menjelang peringatan kemerdekaan Republik Indonesia yang ke-75, 16 Agustus 2020. Riswan dituduh mencuri alat pemotong kayu atau chainsaw yang digunakan para penebang ulin di areal perkebunan sawit PT SML.
Sedangkan Desem, Yusa, Teki dan Embang, dibawa ke Polda Kalteng beberapa pekan sebelum Riswan ditangkap. Kala itu keempatnya dibawa untuk dimintai keterangan. Namun belakangan, beberapa dari mereka ditetapkan sebagai tersangka dan ditahan di Polda Kalteng dengan tuduhan yang sama dengan tuduhan yang dialamatkan kepada Riswan. Yakni dugaan tindak pidana pencurian dengan kekerasan, Pasal 365 KUHPidana.
Kasus Riswan
Terkait kasus Riswan, Ketua AMAN Kalteng, Ferdi Kurinianto dalam konferensi pers yang digelar pada Senin (24/8/2020) menjelaskan, Riswan ditangkap 3 pekan setelah mediasi antara komunitas adat Kinipan dengan PT SML gagal dilaksanakan di Kantor Camat Batang Kawa di Desa Kinipan, atau 2 bulan sejak kegiatan yang dituduhkan kepadanya.
Riswan yang sehari-hari bekerja sebagai Kasi Pemerintah Desa Kinipan ini ditetapkan sebagai tersangka oleh penyidik reserse kriminal umum Polda Kalteng dengan tuduhan tindak pidana pencurian dengan kekerasan sebagaimana dimaksud dalam pasal 365 KUHP.
Tindak pidana pencurian dengan kekerasan yang dituduhkan kepada Riswan tersebut merujuk pada kejadian 23 Juni 2020. Pada saat itu, warga Kinipan tengah berjaga di hulu Sungai Toin, untuk mempertahankan hutan adatnya, lalu mendengar suara mesin chain saw yang menjadi tanda masih adanya aktivitas penebangan dan pemotongan kayu ulin oleh para pekerja PT SML.
Riswan dan kawan-kawan, lanjut Ferdi, kemudian mendatangi dan menghentikan aktivitas tersebut. Sementera satu hari sebelumnya (22/6/2020) warga Komunitas Adat Kinipan berupaya menghentikan alat berat PT SML yang hendak masuk melakukan land clearing dan membabat sisa hutan Kinipan yang bahkan saat ini sudah masuk di areal bekas perladangan warga.
Padahal pada 22 Juni 2020 itu pula telah ada kesepakatan secara lisan antara perwakilan Humas Perusahaan dengan warga bahwa tidak ada lagi aktivitas lanjutan sementara menunggu perundingan pada 29 Juni 2020 di kantor Camat Batang Kawa.
"Jadi pada tanggal 22 Juni itu ada pertemuan antara warga dengan pihak perusahan di hutan. Ada lebih 50-an orang dari pihak perusahaan. Ada kesepakatan sebenarnya, bahwa tidak ada lagi pekerjaan selama menunggu kesepakatan musyarawah pada tanggal 29 Juni. Tapi nyatanya pada tanggal 23 Juni perusahaan bekerja. Begitulah yang akhirnya memunculkan respon dari warga untuk menahan mesin (chain saw) tersebut," ungkap Ferdi, Senin (24/8/2020).
Ferdi mengatakan, sejak 2012, Kinipan selalu menolak hadirnya investasi sawit di wilayah adat mereka. Pihak pemerintah desa dan tetua adat tidak pernah membubuhkan tanda tangan persetujuan untuk masuknya perusahaan perkebunan sawit skala besar di wilayah adatnya.
Penolakan masyarakat adat Kinipan tersebut kemudian menjadi konflik yang memanas dengan PT SML, terutama sejak perusahaan melakukan kegiatan land clearing dan pembabatan hutan pada awal 2018. Permintaan dan desakan warga Kinipan agar PT SML menghentikan aktivitas land clearing dan pemotongan kayu ulin, tak juga berhenti.
"Padahal warga Kinipan telah melakukan berbagai upaya untuk mencari keadilan. Mulai dari Pemerintah Kabupaten Lamandau dan Pemerintah Provinsi Kalimantan Tengah, Komnas HAM, Kementerian ATR/BPN, KemenLHK, hingga 2 kali melakukan mediasi di Kantor Staf Presiden (KSP) di Jakarta. Namun upaya mencari keadilan atas sumber daya alam dan hak-hak mereka tak kunjung didapat."
Penangkapan dan penahanan warga Kinipan akhir-akhir ini, kata Ferdi, memperlihatkan watak otoritarian dan arogansi.
"Koalisi mengupayakan proses penangguhan penahanan kepada Riswan dengan dasar bahwa Riswan memiliki riwayat kesehatan, wasir yang cukup serius, sehingga dengan adanya penangguhan penahanan ini Riswan dapat menjalani proses perawatan untuk kesembuhan penyakitnya. Penangguhan penahanan ini akan memberi ruang bagi Riswan dalam pelaksanaan tugas dan tanggung jawabnya sebagai perangkat Desa Kinipan," kata Ferdi.
Koalisi juga menyatakan, Komunitas Adat Kinipan merupakan pejuang, pahlawan lingkungan dan budaya yang berusaha untuk mempertahankan haknya dari upaya perampasan dan penghancuran oleh korporasi dan modal. Oleh sebab itu Negara semestinya melakukan upaya perlindungan bagi warga Kinipan dan memastikan terciptanya rasa aman bagi masyarakat adat Kinipan.
"Bukan sebaliknya malah melakukan tindakan-tindakan represif dan intimidatif atas perjuangan warga tersebut."
Koalisi juga meminta agar pemerintah harus segera menyelesaikan konflik Kinipan dengan PT SML melalui mekanisme yang sesuai dengan konteks masyarakat adat Laman Kinipan. Adil, jujur, terbuka serta mengedepankan asas sebagaimana yang tertuang dalam Pancasila.
Kemudian, pemerintah harus segera mengesahkan RUU Masyarakat Adat dan Raperda Masyarakat Adat Kalimantan Tengah sebagai jaminan untuk memastikan masyarakat adat dan hak-haknya sebagai subjek hukum terlindungi secara konstitusional.
"Penangkapan Riswan bukan hanya bersifat individual, tapi ini adalah kasus kolektif komunitas adat Laman Kinipan yang dilatarbelakangi oleh konflik tenurial yang tak kunjung selesai antara komunitas adat laman Kinipan dengan PT SML."
Terkait 4 warga Kinipan lain yang juga ditahan Polda. Ferdi menjelaskan, sejauh ini pendampingan hukum terhadap keempat warga tersebut ditangani oleh Fordayak. Karena keempat warga tersebut adalah anggota pasukan Motanoi yang merupakan bagian dari Fordayak. Namun berdasarkan informasi yang didapat, beberapa di antaranya sudah ditetapkan sebagai tersangka oleh Polda Kalteng.
Parlin Bayu Hutabarat, salah seorang kuasa hukum Riswan meminta penangguhan penahanan terhadap Riswan dapat segera dikabulkan. Karena apa yang dituduhkan bukanlah kejahatan luar biasa.
"Kami melihat ini bukan extra ordinary crime. Ini bagian dari perjuangan. Riswan meyakini apa yang dilakukan itu adalah mempertahankan hutan adat. Terlepas itu pendirian penyidik seperti apa jaksa seperti apa, tapi pendirian kami apa yang dilakukan klien kami adalah mempertahankan hutan adat," kata Parlin, Senin (24/8/2020).
Kabid Humas Polda Kalteng, Kombes Pol Hendra Rochmawan membenarkan kabar tentang penangkapan Effendi Buhing tersebut. Hendra mengatakan, penangkapan ini berawal dari 3 laporan PT SML.
"Pada prinsipnya Polda Kalteng profesional dalam menanggapi laporan polisi tersebut dengan bukti permulaan yang cukup sehingga perlu dilaksanakan penangkapan. Pada prinsipnya semua pihak mempunyai hak yang sama di muka hukum. Nanti dari penangkapan ini tentu ada pemeriksaan dan penyelidikan ini dapat memberi ruang jawab atas laporan tersebut," kata Kombes Pol Hendra Rochmawan, Rabu (26/8/2020).
Di kesempatan sebelumnya, saat ditanya tentang peluang penangguhan penahanan Riswan yang diajukan oleh pihak kuasa hukum Riswan, Hendra hanya mengatakan, pihaknya masih melakukan proses penyidikan terlebih dahulu.
Humas PT SML, Wendi, saat diminta konfrmasi, menyatakan tidak bersedia memberikan keterangan melalui sambungan telepon.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Land rights, Right to fair trial, Right to healthy and safe environment, Right to liberty and security
- HRD
- Environmental rights defender, Indigenous peoples' rights defender, Labour rights defender, Land rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Aug 25, 2020
- Event Description
Mr. Zakir Ali Tyagi(22)is a social activistassociated with several socialorganisations and hasbeen a part of several human rights fact-finding teamsin Uttar Pradesh.He has also been involved in peaceful anti-CAA protests. In 2017, NSA was filed on Mr. Tyagi regarding his Facebook post, critical of the UPChief Minister.Subsequently, he spent42 days in jailand is currently out on bail.Mr. Mithun Dikshit, the SHO of Parikshit Garh police station,was informed through a phone call by control roominLucknowthat the remains of some dead cows were lying in the forest of Aminabad village (Bada Gaon) Parikshit Garh. The SHO directedSub-Inspector Mr. Mahesh Singh Ranato investigatethe case.SI Mr. Rana went to the Aminabad forest and foundremains of a cowfrom the sugarcane fields of a farmer, Mr. Vipin. These remains were sent for forensic examination and an FIR was lodged against unknown people under Uttar Pradesh Prevention of cow Slaughter Act-1955, Section5 (Prohibition on sale of beef)and Section 8 -Penalty (1) (Whoever contravenes or abets the contravention of the provisions of Section 3, Section 5 or Section 5-A shall be punished with rigorous imprisonment for a term which may extend to seven years and with fine which may extend to ten thousand rupees).Onthe midnight of August 25, 2020, 15-20 policemen reached Mr. Zakir Ali Tyagi�s village Aminabad(Bada Gaon),KilaParikshit GarhinMeerut and entered his home without permissionor any prior notice. The policemenfrom Kila Parikshit Garh police station in Meerut,came in2-3 police jeeps, and somewere without uniform or official badges. Three non-uniformed policemen had covered their faces with black masks. They started to misbehavewithMr. Tyagi�s mother and sister-in-law.WhenMr. Tyagi angrily asked the police why had they entered his housewithout permission, the policeman replied that they had come to take him. They tookhim without any detention orarrest proceduresand when somevillagers opposed this, thepolice threatenedthem.In the morning of August 26,2020,some respected people of the village went to Kila Parikshit Garh police station and asked about Mr. Tyagi, but the constable told themto come later because�Inspector Sahab is sleeping right now�.However,the villagerswere unofficially told by a policeman that Mr. Tyagi is alleged to be involved in the Shaheen Bagh anti-CAA protests and thus won�tbe released. Around 11:15 am,Mr. Tyagi�s familyreceived a phone call from the Kila Parikshit Garh police stationthat he was being sent to jailfor being involved in cow slaughter and that they can comeand meet him.Mr. Tyagihad beendetained at the police station all nightand his family allegesthat he was abused and beaten up.We believe that Mr. Tyagi is ahuman rights defender and this is a completely fabricated case by thepoliceto target him for questioninggovernment policiesand taking part in the peaceful protests. There is no reason to associate Mr. Tyagi with slaughtering the cow. The carcass of the cow was notfound in his fieldsor near his house, nor was Mr. Tyagi�s name mentioned in the original FIR.According to the information available, the farmer on whose land the remains were found also told the police that Mr. Tyagi isinnocent.There is also no evidence that Mr. Tyagi had any connection with the incident in any form. Mr. Tyagi�sdetention and arrest from his home at midnight, by non-uniformed policemen without badges and in black masks and non-production of any document, flouted all laws and procedures on arrest mentionedin the CrPC, DK Basu and NHRC guidelines and raises serious questions.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Abduction/Kidnapping, Intimidation and Threats, Judicial Harassment, Raid
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Blogger/ Social Media Activist, Community-based HRD, Family of HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Aug 25, 2020
- Event Description
The Delhi Police on Tuesday arrested Sharjeel Imam in connection with the riots in the city in February, Indian Express has reported. Imam has been booked under sections of the stringent Unlawful Activities Prevention Act (UAPA).
Booked under the sedition law for a speech in which he had called for a chakka jam, Imam was arrested from Bihar�s Jehanabad on January 28.
He was brought to Guwahati from Delhi in January and has been in Guwahati Jail since then. On July 22, Sharjeel tested positive for COVID-19 and was among 435 inmates of the jail who did so.
He was brought back to Delhi from Assam on Sunday on a production warrant, Express has reported.
Imam, a PhD scholar at the Jawaharlal Nehru University and an IIT alumnus, had been actively involved in the Shaheen Bagh protest against the Citizenship (Amendment) Act.
In late April, Delhi Police has booked Imam under the UAPA in connection with the protests against the Citizenship (Amendment) Act near Jamia Millia Islamia in December last year.
Imam has been booked under section 13 (unlawful activities) of the Act in the case, his counsel advocate Mishika Singh had said. The lawyer said the charge has been invoked to delay his release.
The police had earlier charged Imam with sedition, alleging his speech promoted enmity between people that led to riots.
�He was arrested in two cases of violence at Jamia on December 13 and 15, 2019, for instigating and abetting the Jamia riots, due to his seditious speech on December 13 and based on evidences collected, IPC sections 124 A and 153 A were also invoked,� Anil Mittal, additional PRO, Delhi Police had said then.
In late June, 13 United Nations independent experts called on India to immediately release activists who were arrested for protesting against the Citizenship Amendment Act. In a statement issued from Geneva, it had named Imam among others.
The Delhi high court in early July said there were �good and justifiable grounds� for extending the time to complete investigation against Imam in a case related to his allegedly �inflammatory speeches� during the anti-CAA protests. Justice V. Kameswar Rao had dismissed Iman�s plea challenging the trial court�s June 25 order granting three more months to the Delhi Police, beyond the statutory 90 days, to complete the case�s investigation under the UAPA.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Aug 24, 2020
- Event Description
Civil rights lawyer and activist Arnon Nampha was arrested Tuesday afternoon on charges related to his role in an anti-government rally – the third time in the month.
He was nabbed in front of Nang Loeng Police Station by officers from another station at around 12.30pm, Yaowalak Anuphan, head of Thai Lawyers for Human Rights group, said. Arnon and several activists were at the station this morning to hear charges related to a separate rally at the army headquarters on July 20.
Yaowalak said the warrant accused him of committing seditious acts under Article 116 of the Criminal Code for the speech he made at an anti-government rally at Thammasat University on Aug. 10, which he called for a reform of the country’s much-revered institution.
“The fact that police are always detaining me recently shows that the country is utilizing dictatorial strategies,” Arnon said to press at the police station Monday. “However, I’m determined to fight on.”
Other charges accuse him of defying the Emergency Decree, importing information deemed to be a threat to national security under the Computer Crime Act, and breaking the disease prevention law.
On Monday, Panupong “Mike” Jadnok was also arrested on the same charges. He was in Rayong to protest a land reclamation project in the province while Gen. Prayut Chan-o-cha was visiting a market there.
Panupong was wearing a crop top with a Red Bull logo when he was detained.
Arnon was arrested last week for holding a Harry Potter-themed rally earlier on Aug. 3. He was also apprehended on Aug. 7 for holding a rally on July 18, which he was one of the 31 people allegedly marked for arrests.
The lawyer was taken to Khlong Luang Police Station in Pathum Thani province, where Panupong was also being held. The pair will be taken to a court for a bail hearing later, Yaowalak said.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Lawyer, Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- India
- Initial Date
- Aug 24, 2020
- Event Description
The cost of exercising one’s constitutional right to protest in Mumbai has been fixed at Rs 50 lakh.
The Mumbai police has issued a notice seeking surety of a whopping Rs 50 lakh from a 24-year-old student and cultural activist Suvarna Salve for participating in an impromptu protest in January, organised in Mumbai in the wake of the attack on students and faculty members inside the Jawaharlal Nehru University (JNU) campus.
While this is the only FIR ever registered against Salve, the Mumbai police have also decided to classify her as a “habitual offender” and initiate another administrative procedure of “externment” against her.
Salve, a lead singer and activist of the cultural troop Samata Kala Manch, was one of the 31 persons to be booked by the MRA Marg police for participating in a peaceful rally from Hutatma Chowk to Gateway of India in South Mumbai on January 6. Over 300 people from across Mumbai had joined the rally which was organised in protest against the violent attack on students in JNU campus by activists belonging to the Rashtriya Swayamsevak Sangh’s (RSS’s) students’ wing, Akhil Bhartiya Vidyarthi Parishad (ABVP).
The Mumbai police’s decision to slap FIRs against activists in the city had attracted severe criticism. Rights activists and political leaders had termed the Mumbai police’s action as excessive and also equated it with the Delhi police which had remained a “mute spectator” and done nothing to control the masked mob that roamed around freely for almost three hours in the JNU campus but later had booked the victims instead.
In Mumbai, the protest was organised at two separate spots, just a few kilometres apart. The police have filed two separate FIRs – one at MRA Marg police station and another at Colaba police station – for those attending the protests. In both places, several prominent figures like former Bombay high court judge B.G. Kolse-Patil, and actor Sushant Singh had participated. When the rally soon transformed into a sit-in protest at Gateway of India and more and more people joined in support, state ministers like Jitendra Awhad visited the spot to negotiate with protestors.
While the initial decision was to not take criminal action against the protestors, the police had eventually changed their stance. In all 31 persons have been named in the FIR and have been booked under section 141, 143 and 149 (unlawful assembly) and 341 (wrongful restraint) of the Indian Penal Code, along with section 37 of the Bombay Police Act, 1951.
All sections are bailable and punishable for less than six months. Prominent persons were excluded from the FIR and only student activists and some lawyers were named. Some of them even claimed that they were not present at the protest site but were still named in the FIR.
Despite of filing a case of unserious nature, the police have sought an unusually high surety, and more strangely have demanded it only from Salve. The notice, issued on August 24, has sought an explanation as to why Salve a proceeding should not be initiated against her under Section 110 (e) of the CrPC. The notice also seeks at least one of two persons to appear as a “surety”, pledging an amount of Rs 50 lakh, ensuring her good behaviour for the next two years. If she fails, the amount or the property would be confiscated by the state.
Salve says this is done to discourage her from participating in any political activism in the future. “This is done clearly with an intention to harass,” she said. “There were several influential people who had participated in the protest but they chose to go behind one student activist. They know I will never be able to furnish such surety ever. I belong to a Dalit community, and stay in a slum rehabilitation housing,” she pointed out.
Since her college days, Salve has been a vocal anti-caste voice, participating in protests and students’ agitation across India. In 2016, when Rohith Vemula, a PhD scholar at University of Hyderabad, was allegedly killed in an “institutional murder”, Salve joined the Joint Action Committee (JAC) formed to fight for justice for Vemula and other Bahujan students facing discrimination in campuses.
In the past years, when anti-caste organisations and political parties like Vanchit Bahujan Aghadi called for a bandh in the state, Salve like several other activists was served a notice under Section 144 of the CrPC against participating in any public gathering. “There has been a systematic attempt made to curtail dissenting voices. Like me, several other Ambedkarite activists have been served such notices,” she said.
Her lawyer Ishrat Ali Khan says the police’s decision to classify her as an “habitual offender” also stems from the same mentality. “Look at the crime here – organising and participating in a peaceful protest. From no stretch of imagination can an individual exercising their right to expression and protest be termed as a habitual offender,” he said.
Section 110 of the CrPC, also in legal parlance called as “chapter proceedings” is initiated against those who have been booked in multiple crimes. An executive clause, the proceedings under this section is initiated by the Assistant Commissioner of Police (ACP) level officer and if convicted, the person is externed for a stipulated period of time outside the district limit.
Several researchers have pointed to its discriminatory nature and how it gets disproportionately used against marginalised identities like Dalits and Denotified Tribes. In most cases, it is noticed that the executive officials hearing the case convict the person and the individual then has to move the high court to get their name cleared. This is a tedious process, requiring both resources and patience.
Khan, in his over a decade of experience handling cases under this section, said he had never seen the section being slapped against someone for protesting. “The subsections cover several crimes like theft, dacoity and extortion. The police claim to use it against “hardened criminals”, something that Salve or any dissenting activists don’t qualify for, he said.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Administrative Harassment, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline
- HRD
- Student, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Indonesia
- Initial Date
- Aug 24, 2020
- Event Description
Tiga orang nelayan di Makassar, Sulawesi Selatan (Sulsel) melakukan protes terhadap kapal penambang pasir. Namun protes mereka itu berujung petaka.
Pada Minggu (23/8/2020) polisi menangkap tiga orang nelayan saat mereka melancarkan protes kepada kapal penambang pasir. Penangkapan ini juga diwarnai dengan penenggelaman kapal milik nelayan.
Tak terima dengan kejadian itu, pihak keluarga kemudian meminta bantuan hukum kepada LBH Makassar. Kepala Divisi Tanah dan Lingkungan LBH Makassar Edy Kurniawan membenarkan peristiwa tersebut.
"Ketiga nelayan (yang ditangkap) tersebut bernama Safaruddin, Faisal dan Baharuddin," kata Edy melalui keterangan tertulis yang diterima detikcom, Senin (24/8/2020).
Edy menuturkan peristiwa ini terjadi pada pukul 10.00 Wita saat kapal tambang pasir milik PT B menambang pasir di wilayah tangkap nelayan. Di area itulah para nelayan menggantungkan hidupnya.
"Akibatnya, para nelayan kehilangan hasil tangkapan karena lautnya langsung jadi keruh," beber Edy.
Merasa terganggu dengan aktivitas tambah karena air keruh, nelayan kemudian melakukan protes. Namun rencana tersebut tak sampai lantaran kapal penambang pasir itu dikawal oleh satu kapal perang dan empat kapal sekoci milik Direktorat Polairud Polda Sulsel.
Edy menerangkan seorang nelayan langsung didatangi dan ingin diborgol, namun yang bersangkutan menolak. Nelayan itu juga diancam, lepa-lepa atau kapal kecil miliknya ditenggelamkan.
"Beruntung nelayan berhasil menyelamatkan diri dengan melompat ke laut," beber Edy.
- Impact of Event
- 3
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Use of Excessive Force, Violence (physical)
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Community-based HRD, Environmental rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Indonesia
- Initial Date
- Aug 24, 2020
- Event Description
Kepolisian Daerah (Polda) Aceh, diminta harus taat pada aturan Dewan Pers, dalam menyelesaikan persengketaan antara Pimpinan Redaksi Metro Aceh, Bahrul Walidin dengan Direktur PT Imza Rizky Jaya, Hj Cut Rizayati. Sebagaimana diketahui, Direktur Utama PT Imza Rizky Jaya Rizayati, melalui penerima kuasa Rizaldi telah melaporkan Pemimpin Redaksi Metro Aceh Bahrul Walidin, ke Polda Aceh pada 24 Agustus 2020, dengan nomor laporan: STTLP/228/VIII/YAN.2.5/2020 SPKT, atas kasus pencemaran nama baik.
Ketua Umum Alinasi Jurnalis Indepen (AJI) Indonesia, Abdul Manan mengatakan, tudingan tentang pencemaran nama baik tersebut, bermula ketika Metro Aceh menayangkan berita yang berjudul “Hj Rizayati Dituding Wanita Penipu Ulung” pada 20 Agustus 2020.
“Berita itu ditulis berdasarkan keterangan dari korbannya Rizayanti dan sejumlah narasumber yang bertanggungjawab. Setelah beberapa saat berita tersebut tayang, maka Rizayati menghubungi Bahrul Walidin melalui pesan aplikasi WhatsApp dan mengaku keberatan diberitakan,” ujar Abdul Manan.
Abdul Manan menambahkan, direktur tersebut malah mengatakan kalau berita itu tidak sesuai dengan fakta yang sebenarnya, sementara hak jawab yang dikonfirmasi melalui telepon seluler sudah dimuat.
Bukan hanya itu saja, Rizayati diduga mengancam dengan melingkari foto-foto Bahrul Walidin dan ditambah kalimat bernada ancaman, salah satunya “Tiada Ampun Bagimu Wartawan Bodrex”.
“Maka kami meminta Polda Aceh agar melimpahkan kasus sengketa pemberitaan antara Direktur Utama PT Imza Rizky Jaya Rizayati dengan Pemimpin Redaksi Metro Aceh Bahrul Walidin ke Dewan Pers,” tutur Abdul Manan.
Tambahnya, mengapa harus melalui mekanisme Dewan Pers, karena sesuai dengan Nota Kesepahaman antara Dewan Pers dengan Kepolisian Negara Republik Indonesia tentang Koordinasi Dalam Perlindungan Kemerdekaan Pers pada 2017.
“Jurnalis dalam melaksanakan profesinya, mendapat perlindungan hukum sesuai yang tercantum dalam Pasal 8 Undang-undang Nomor 40 Tahun 1999 Tentang Pers. Selain itu, orang yang melakukan kekerasan terhadap jurnalis baik fisik maupun verbal dapat dijerat pasal pidana,” Kata Abdul Manan.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Online
- HRD
- Media Worker
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Country
- Nepal
- Initial Date
- Aug 24, 2020
- Event Description
Lahan Municipality authority has been learnt to have decided to file a case against reporter Manilal Bishwakarma on August 24. Lahan lies in Province 2 of Nepal.
Talking to Freedom Forum, reporter Bishwakarma shared that he received a copy of municipality's executive committee meeting minutes three days back (September 29). The minute states the municipality had decided to file charge sheet under Electronic Transaction Act and public offense against him and a local Mahesh Chaudhary. The municipality had accused Chaudhary of distributing relief materials to the public without prior information to the municipality.
The decision came after his reporting on municipality's distribution of 'rotten raw foods as relief materials to the locals facing crisis' following lockdown to contain coronavirus pandemic. In the news published on April 14, he had also included photographs of the locals who had reached the ward office to return the distributed decayed food stuffs.
Reporter Bishwakarma further said that he was also issued several threats through social media pages and the municipality’s authorities following the publication of the news. He however said, “I am ready to face whatever the consequences but I will not stop writing on such serious of govenrment irresponsibility and irregularities.”
Freedom Forum is alarmed over the decision of the local authority against journalist. While most of the people lost their earning in this pandemic, government’s relief is the major support to live. But such irresponsible behaviour of the local government towards its citizens and to the journalist is condemnable.
Hence, FF strongly urges the concerned authority to correct the decision respecting journalists’ right to free reporting and cooperate with those for good governance at this time of crisis instead.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Judicial Harassment
- Rights Concerned
- #COVID-19, Offline, Right to healthy and safe environment, Right to information
- HRD
- Media Worker
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Aug 24, 2020
- Event Description
Adv. Varsha Deshpande is a well-known activist in Maharashtra and is based out of Satara district. She has worked for many years against social malpractices such as female foeticide and child marriages. She is also the founder president of the organizationcalled ‘Dalit Mahila Vikas Mandal’ which works with Dalit women for self-employment and has also established Free Legal Aid Center in 1996 with the help of Maharashtra Legal Aid Society.
Ms. Tamanna Mujawar and Ms. Aishwarya Jadhav, both residents of Satara,had money dealings in the past due to which a dispute broke out between them. Ms. Jadhavhad borrowed Rs. 15000 from Ms. Mujawar of which she had returned Rs. 12,500.Since they were unable to resolve the issue,Ms. Jadhav approached the Free Legal Aid Centre on August 24, 2020. However unable to resolve the issueeither, both wereaskedby the WHRD to visit the Satara City police station.
On August 25, 2020, the Satara City Police registered an FIR against Adv. Varsha Deshpandebased on a complaint filed by Ms. Mujawaralleging that the WHRD had physically assaulted her and demanded a ransom.The complaint stated that whenadispute croppedup between her and Ms. Jadhav at the Free Legal Aid Centre, Adv. Deshpande threatened her that she would initiatea legal case against her and also slapped her. Ms. Mujawar also accused Adv. Deshpande of demanding aransom of Rs. 50,000, failing which shewould file a complaint against her.Based on her complaint,the Satara city policestationcharged the WHRD under sections 384 (extortion) and 323 (causing voluntary hurt) of the Indian Penal Code(IPC).In her complaint, Ms. Mujawarsaid that the Ms. Jadhav had asked her to come to Adv. Deshpande’s office at 2.30 p.m. However, Adv. Deshpandehas clearedthat she hadnever called Ms. Mujawar to the office and the latter had come on her own volition. On August 26, 2020, Ms. Jadhav filed a police complaint stating that she had approached Adv. Deshpande as she wanted help on how to get out of her current predicament. However,in her office,Ms. Mujawar started a verbal fight with Adv. Deshpande. She also alleged that Ms. Mujawar was forcing her into a prostitution and blackmailing racket. Ms. Mujawar allegedly demanded that Ms. Jadhav pay her the amount due with interest when she refused to do Ms. Mujawar’s bidding. Based on Ms. Jadhav’s complaint the Satara city policestationhave filed an FIR under sections 452 (House Trespass), 342 (Wrongful Confinement), 323 (Voluntary Hurt), 504 (Intentional insult with intent to provoke breach of the peace), 506 (Criminal Intimidation), and section 5 of the Immoral Traffic (Prevention) Act, 1956 which pertains toprocuring, inducing or taking an individual for the sake of prostitutionagainst Ms. Mujawar. No one has yet been arrested.We believe that the Ms. Deshpande, a longstandingwoman Human Rights Defenderof repute,has been implicated in a false case by the Satara police since she hasbeen vocal about police inaction on several occasions in the pastregarding sexual harassment of women. Recently,the WHRD had also complained to the state DGP about SDPO Mr. Sameer Sheikh and his handling of cases.Since there seems to have been a recent history with Mr. Sheikh as well as the facts of the above case, we are inclined to believe that the case against Adv. Deshpande is fabricated and false and has been filed with a malicious intent.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment, Vilification
- Rights Concerned
- Right to healthy and safe environment, Right to protect reputation
- HRD
- Lawyer, WHRD
- Perpetrator-State
- Police
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Country
- Singapore
- Initial Date
- Aug 21, 2020
- Event Description
Activist Jolovan Wham started serving a 10-day jail sentence on Friday (Aug 21) for organising an indoor event four years ago without a police permit.
The event was held in November 2016 at The Agora in Sin Ming Lane and was entitled Civil Disobedience And Social Movements. One of the speakers — albeit online — was Hong Kong dissident Joshua Wong. The others included activists Kirsten Han and Seelan Pelay.
Wham, who champions migrant worker rights, was convicted under the Public Order Act in 2019. He has not paid the S$2,000 fine and has chosen to go to jail.
This is the second time this year he will spend time in prison. On March 31, he served a one-week sentence for criticising the Judiciary rather than pay a S$5,000 fine.
On Thursday (Aug 20), he tweeted that his appeal on the indoor event had been dismissed.
On Friday, he posted photos with some friends who “came to see me off”, adding that he would “make the best of the situation to learn more about prison life while I’m inside”.
Wham also published on his Facebook and Twitter accounts a letter he had written to Mr Desmond Chin, the Commissioner of Prisons, to which he had received no reply.
He had recounted to Mr Chin the time he spent in Changi Prison earlier in the year and had made a request. “During my time there, I was confined to the cell for the entire duration of my sentence. Ordinarily, yard time would have been provided for inmates, but because of Covid, it was removed to prevent the spread of the virus. “Being confined for 24 hours in a small cell is quite inhumane. I am wondering it would be possible for the prison authorities to arrange staggered yard time for all inmates, while observing safe distancing. It should be possible to have yard time which is safe for everyone. I had raised this to the prison authorities during the time I was there but they said it was not possible. “Confining people for two weeks is cruel. Even if yard time was not permitted, even the opportunity to sit outside the cell and look at something else other than the 4 walls of the cell is a welcome relief. “I expect to be sentenced soon for another offence and will be serving time in prison once again. I would appreciate it if the prison authorities could look into this matter. Thank you for your time.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Aug 21, 2020
- Event Description
A Tibetan community leader and his nephew were arrested this weekend in Qinghai’s Tridu county after defying Chinese authorities by advising local Tibetans not to sign away their rights to grazing land, Tibetan sources said.
Bu Dokyab, 63, and his nephew Gyaltsen, 43, were taken into custody on Aug. 21 by Chinese police while eating at a restaurant in Yushu prefecture’s Tridu county and were taken to the county’s Detention Center 683, a local source told RFA’s Tibetan Service.
Authorities did not release a statement regarding the arrests of the two men, residents of Chakchok village in neighboring Chumarleb county’s Chigdril township, RFA’s source said, speaking on condition of anonymity.
“But Tibetans living in the area suspect it had to do with their open defiance of a government order,” RFA’s source said.
“Recently, Chinese authorities held a meeting in Chumarleb to talk about confiscating the land, and Bu Dokyab during the meeting advised the people there not to give up their ownership of the land, saying that this would destroy their livelihood,” the source said.
“He said that surrendering their deeds to the land would prevent them from ever passing anything down to future generations.”
Also speaking to RFA, a second source said that Bu Dokyab had “spoken strongly” against nomads giving up their rights to their land, reminding his listeners that anyone surrendering their deed to government authorities would lose their way to make a living.
“Dokyab is a unit leader in his village and is a very generous man who often gives his help to poor nomads who are in need,” the second source said. “He even petitions the government when local government assistance to the poor does not reach them in time.”
“Because of his interventions to secure local families’ government subsidies, he has already been detained twice by the Chinese police,” the source said.
Land deeds revoked
Several counties in Qinghai have called public meetings this year regarding land rights, with officials issuing advisories and distributing documents canceling people’s ownership of their land, the source said.
“Before this, the Chinese promised that the land belonged to the local people, and that no one could interfere with their rights for 50 years.”
“But beginning this year, the land deeds have been revoked, and this has left the local Tibetans very concerned,” he said.
Development projects in Tibetan areas have led to frequent standoffs with Tibetans who accuse Chinese firms and local officials of pilfering money, improperly seizing land, and disrupting the lives of local people.
Many result in violent suppression and intense pressure on the local population to comply with the government’s wishes, with protest leaders frequently detained and charged under cover of a Chinese campaign against so-called “underworld criminal gangs” in Tibetan areas.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Land rights, Offline, Right to liberty and security
- HRD
- Community-based HRD, Family of HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Aug 20, 2020
- Event Description
The Criminal Court has approved bail requests for nine people, including lawyer Anon Nampa and two rappers, arrested over the past 20 hours for their roles in the July 18 and Aug 3 rallies.
The court allowed the use of officials' positions as a guarantee for their temporary releases. Three Move Forward Party MPs, two Pheu Thai Party MPs and four academics were the guarantors.
In the latest crackdown on political demonstrators, five more people, including two rappers, were arrested on Thursday, bringing the total held in connection with the July 18 Free Youth rally to eight over the past 20 hours.
All did not receive summonses and were held on court-approved arrest warrants.
At 8.20am on Thursday, Dechathorn �Hockhacker� Bamrungmuang, a founder and member of RAP Against Dictatorship, was arrested in front of his house. The band�s Prathet Ku Mee has become the anthem for anti-coup activities in recent years.
According to Thai Lawyers for Human Rights, Dechathorn was taken by police in the presence of his wife and young son. He was brought to Samran Rat police station.
An hour later, activist Tossaporn Sinsomboon was arrested at his home.
Activist Tanee Sasom was later caught at Soi Rang Nam and taken to Samran Rat police station.
Thirty minutes later, Nattawut Sasomsap was stopped while driving on the Expressway by more than 10 policemen. Some of them accompanied him in his car to Samran Rat police station.
Thanayut �Book� Na Ayudhya, 19, a rapper from Eleven Fingers band, was also taken to the police station.
They acknowledged charges and were sent to the Criminal Court in the afternoon as police seek to detain them.
Their charges are believed to be similar to those faced by three people held earlier � ranging from sedition to violation of the cleanliness law.
Pheu Thai MPs Karun Hosakul said he and his fellow MPs had prepared salary certification letters to be used as sureties for their temporary releases.
Night arrests
On Wednesday evening, human rights lawyer Anon Nampa, 35, was the first to be held in this round of arrests.
Mr Anon, who was released on bail on multiple charges including sedition in connection with the July 18 rally, faced more charges related to another rally on Aug 3 where he talked about the need for monarchy reforms.
The officers pressed charges of violating Section 116 of the Criminal Code; Sections 4,10 and 15 of the Public Assembly Act, using loudspeakers without prior approval and violating the computer crime law.
The officers opposed bail for the human rights lawyer, citing his tendency to join more allegedly inciting rallies.
According to the police request for his detention, Mr Anon�s speech given on Aug 3 allegedly criticised the monarchy and caused hatred for the institution among demonstrators.
Apart from Mr Arnon, three people held on Wednesday night were Suwanna Tanlek, 48, a labour activist who has campaigned for workers� rights; Baramee Chairat, 53, secretary-general of the Assembly of the Poor; and activist Korakot Saenyenphan, 27. They were arrested separately in Bangkok on Wednesday night on charges of inciting public unrest and other offences related to the July 18 Free Youth rally.
A number of Move Forward MPs showed up to show moral support and offered to use their positions as guarantees for their temporary releases.
In a police request, Mr Baramee posted a message urging people to join the rally at the Democracy Moment. He also gave a speech at around 8.26pm.
Ms Suwanna also addressed the crowd at 8pm and urged demonstrators to send messages to relatives to deliver food. She also shared a post online asking for food and drinking water for the demonstration and urged demonstrators to stay overnight at the rally site, according to the police request.
Mr Korakot had also posted a message urging people to join the rally, said the officers.
- Impact of Event
- 9
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Labour rights defender, Lawyer, Pro-democracy defender, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- India
- Initial Date
- Aug 17, 2020
- Event Description
Fourteen HIV-positive children at a shelter home run by a non-profit in Chhattisgarh's Bilaspur were allegedly dragged out by officials who had orders from the district administration to close the facility. CCTV footage shows a lawyer who has been representing the children against being shifted from the facility being pushed by officials.
A police case has been filed against the lawyer, Priyanka Shukla, after the incident at Apna Ghar where 14 children between four and 18 years old have been staying. The police said Ms Shukla started a fight with the officials who had gone to shut down the facility.
When NGO staff Deepika Singh asked for a copy of the order to shut down the facility, the officials started manhandling her, dragged out the children and refused to give a copy of the eviction order, Apna Ghar director Sanjeev Thakkar told NDTV on phone. He shared audio recordings of the children calling him and complaining of alleged misbehaviour by the officials.
Women and Child Development Department officials, accompanied by the police, had gone to the facility.
Bilaspur senior police officer Prashant Agrawal denied the officials manhandled the lawyer or the children. "The officials acted as per the orders of the collector. It was the lawyer Priyanka Shukla who got into a brawl with the officials, who suffered bruises. Shukla was arrested on a complaint by Women and Child Welfare Officer Parvati Verma," Mr Agrawal said.
The NGO's director Sanjeev Thakkar said Apna Ghar is Chhattisgarh's only shelter home for HIV patients run by a non-profit. He said he has been running the shelter home for several years with volunteers. A police case has also been filed against Mr Thakkar, who said he was not at the building when the incident happened.
With a high monthly expense of ₹ 75,000, Mr Thakkar said they decided to apply for a grant from the Women and Child development Department, adding their troubles started soon after that.
Mr Thakkar alleged some officials demanded a "30 per cent commission" from the grant, and when he refused, the officials checked the shelter home and claimed they have found certain discrepancies and recommended cancellation of the NGO's registration and shifting of the children.
Mr Thakkar said when they met with Women and Child Development Minister Anila Bhediya, the minister asked questions like how did the children get infected with HIV.
The matter then reached the Bilaspur High Court, which ordered the collector to hear Apna Ghar and take a decision. In March this year, collector Sanjay Alang ordered officials to shift the children. In his order, he said a second report has also cited irregularities at the shelter home.
The children said they don't want to leave Apna Ghar citing discrimination they had faced even in the company of their relatives and at government-run shelter homes.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical)
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Lawyer, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Aug 16, 2020
- Event Description
Mr. Manish Kumar Soni(36), resident of Ambikapur, district Sarguja, Chhattisgarh,isasenior investigativejournalist and human rights defender. In his 17-years�career,he haswritten articles aboutcommon citizens, custodial deaths, Adivasisetc. In2016,Mr.Sonifollowed the custodial death cases in the Sarguja and documented how innocent Adivasiswerearrested and tortured to death in the custody. These articles were published indifferent national and state newspapers. Angered by these articles,a false case against Mr. Soni was lodged in Ambikapur Police stationu/s 353 and 186 2of the Indian Penal Code (IPC)and he is out on conditional bail.During the COVID lockdown too,he has video graphedmany irregularities in the health department work and published in different local web portal and social media.
OnMarch 25,2020, journalist Mr. Manish KumarSoniposteda Facebook post with photos of security forces who had died in naxal attacks which said:Look at the caste and community of the killed and the identification of the killers. All will turn out to be from the same community. Now try and understand those who are getting them killed. You will get the answers. The jungles can only be captured by getting the Adivasisto fight against Adivasis.
On August 16,2020, the Assistant Sub-Inspectorof Ambikapur police station, Mr. Rakesh Yadav lodged an FIR(No. 33354002200463) under IPC Sections 153(a)(promoting enimitybetween classes), 153(b)(imputations, assertions prejudicial to national integration) and 505(2) (false statement, rumours, with an intent to create enimity) against Mr. Soni for the above-mentioned Facebook post. The FIR statesthat the police had received a written complaint against Mr. Soni fromMr. AlokDubey,local ward member and also associated with the BJP,regarding �a provoking post�byMr. Soni which was a threat to national integrity. According to the complaint, Mr. Soni�s Facebook post insultedthe Adivasi community and createdhatred towards the security forces in the mindsof the ordinary citizen and affects national unity and integrity.Though the police have not yet arrested Mr. Soni, he has been getting repeated calls,harassing and intimidating him,since the FIR has been filed. The HRD allegesthat local policemen have threatened himthat �if you keep doing such things, you will be encountered and even your dead body will not be found.�He wascalled to the police station by the SP Mr. Tilakram Koshimaa week after the FIR was filed, whoquestioned his credentials as a journalist and warned him to stay away from writing aboutthe police and custodial killings. Mr. Soni evencalled the IG Police, Mr. Ratanlal Dangi for help, who said he doesn�t know anythingabout the case, but that the district policemen will handle the work and you should leave �all this.� He was also warned by the Deputy Protection Officer of the court to take anticipatory bail or the police may arrest him anytime.We believe thatMr. Soniis beingthreatened andintimidated for his work as a journalist for hisprevious record of exposing custodial killings as well as writing thepostrelated to Adivasis.It is a matter of grave concern that police officials are giving threats of fake encounters and arrests to citizens and journalists. A free media is an extremely important fourth pillar of the Indian democracy. Our Constitution gives every citizen including journalists the right to exercise freedom of speech. These FIR and intimidation tacticsused by functionaries in power are proof of a vendetta against Mr. Manish Kumar and absolutely violate his right to freedom of speech and expression under Article 19(a) of the Indian Constitution. Freedom to expression is crucial to the work of HRDs. The right to freedom of opinion and expression encompasses three different aspects: 1) the right to hold opinions without interference; 2) the right of access to information; and 3) the right to impart information and ideas of all kind. On the aforesaid it is stated that Declaration on Human Rights Defenders seeks to protect the monitoring and advocacy functions of defenders by recognizing their right to obtain and disseminate information relevant to the enjoyment of human rights.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Death threat, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Online, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Aug 14, 2020
- Event Description
Student leader Parit Chiwarak was arrested on Friday on multiple charges including sedition, as tensions escalate ahead of a major pro-democracy rally planned for Sunday afternoon in Bangkok.
The arrest took place at Muang Thong Thani as the Thammasat University student prepared to join an anti-government event in Nonthaburi. After a Metropolitan Police Bureau official read out the arrest warrant, four plainclothes officers picked Mr Parit up by the arms and legs to drag him into an unmarked car after he refused to go.
Dozens of onlookers used their phones to take videos that were posted to Twitter, where #SaveParit started trending instantly, attracting 1.6 million tweets as of 9.30pm.
He was taken to the Samran Rat police station where he faces charges including sedition, assault and holding an event that could spread a disease. Dozens of supporters were gathering outside the station in the rain on Friday night to demand Mr Parit�s release. They cheered when he appeared briefly in a second-storey window and waved to them.
The allegations stem from a rally staged by the Free Youth movement at Democracy Monument on July 18. It was the first major protest against the government since the easing of restrictions imposed to stem the coronavirus outbreak.
Mr Parit, known by his nickname Penguin, is also reported to be facing a lese majeste charge but it was not included in the charge sheet on Friday.
The Free Youth and Free People movements issued a statement demanding the immediate release of the student activist, saying the police action underlined the intention of authorities to intimidate critics of the government.
Soon after the arrest, a number of individuals and groups, including Thammasat University, stepped forward to offer to help Mr Parit seek bail.
The arrest came a week after the seizure of human rights lawyer Arnon Nampha and Rayong student activist Panupong Jadnok, who are charged with the same offences as Mr Parit. They are currently free on bail after the Criminal Court declined a police request last Saturday to detain them for 12 days.
One of the conditions of the men�s bail is that they refrain from any acts similar to those that led to their original charges. The police say they have since breached those conditions and have petitioned the court to withdraw bail. A hearing is scheduled for Sept 3.
Mr Panupong was at the Samran Rat police station on Friday night to show his support for Mr Paritt.
Rising tensions
The political temperature has been rising all week as students continue to press their demands, which include House dissolution, the end of intimidation against critics of the government, and the drafting of a new constitution.
The potential for confrontation has been increasing since Monday, when thousands who rallied at Thammasat University heard speakers issue an unprecedented 10-point manifesto calling for reform of the monarchy under the constitution.
Prime Minister Prayut Chan-o-cha said that while people had the right to free expression, dragging the monarchy into the debate was out of line. He has also ordered an investigation into the funding of the Thammasat event, which included elaborate audio-visual displays.
Progressive Movement leader Thanathorn Juangroongreangkit said earlier on Friday that the protesters� demands should be on the table for talks, as crackdowns will not solve the country�s political problems.
He also called for all sides to be open-minded about finding a solution and criticised Gen Prayut for a lack of sincerity. The prime minister earlier said he wanted to set up a forum to listen to what the students had to say, but now the authorities have been brought in to tame them, the former leader of the court-dissolved Future Forward Party said.
Mr Thanathorn made the remarks before the arrest of the student activist.
Chulalongkorn rally
Elsewhere on Friday, hundreds of protesters braved the rain to gather at the Faculty of Arts of Chulalongkorn University demanding the restoration of democracy, despite the university�s refusal for them to use the campus for a demonstration, citing safety concerns. The area around two royal statues was fenced off to prevent students from approaching it.
In any event, the rain eventually forced the demonstrators inside the faculty building, where the crowd grew to about 800 as the evening wore on.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Pro-democracy defender, Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Cambodia
- Initial Date
- Aug 13, 2020
- Event Description
Six youth activists have been rounded up and arrested hours after rallying for detained unionist Rong Chhun, including a young woman dragged by her hair into a vehicle from outside a cafe.
So Metta, an activist who requested to use a pseudonym, told VOD that a group of about 10 officers � some of whom were plain-clothed and some in Prampi Makara district guard uniforms � grabbed one of the six, Chhoeun Daravy, around 4 p.m. on Thursday outside an Amazon coffee shop near the court.
Daravy had been sitting with about 10 people when the plain-clothed officers dragged her by the hair from behind and pushed her into a black Lexus SUV waiting outside, Metta said. The officers beat Daravy as they put her in the car, she said.
�They grabbed her hair and beat her up,� said Metta. �The authorities beat � people without mercy.�
Reached again Thursday evening, Metta said another of those arrested, Hun Vannak, had returned to the rented house where some of the activists were staying after Daravy had been arrested. Vannak recorded a live Facebook video while police surrounded the house, she said.
Metta said five of the six activists arrested were members of Khmer Thavrak, which translates to �Khmer Strong,� a youth group that has been central to many of the recent protests against the detention of Chhun, as well as environmental and social causes.
Municipal police chief Sar Thet said the six youth activists arrested on Thursday included three men and three women, five of whom were arrested at a rented house in Pur Senchey district.
�One was arrested based on the court�s order while others were based on red-handed crimes because they went and caused disorder and insecurity,� Thet said, adding that the activists remained in municipal police custody.
He earlier said that Daravy had been arrested for incitement to disturb social security based on a court-ordered arrest warrant, and officers were searching her house for evidence.
She was currently in the hands of municipal police and would be sent to the court for prosecution, he added. The incitement charge carries a potential jail sentence of up to two years.
Naly Pilorge, a spokesperson for human rights group Licadho, confirmed protesters Chhoeun Daravy, Hun Vannak and Heang Hai were among those arrested.
The arrests came after authorities and protesters again clashed outside the municipal court as Chhun, the union leader, was questioned inside over charges of incitement.
About 50 protesters, including members of Chhun�s family, had gathered in the morning outside City Mall, near the court, holding banners and wearing T-shirts with Chhun�s image.
At around 9:30 a.m., about 50 officers, including Prampi Makara district guards, advanced on the protesters to move them away from the corner. For about 10 minutes the guards were seen beating and kicking protesters who refused to leave.
Chea Kunthin, one of the protesters who said she was injured during a rally last week, was treated by a doctor after the demonstration at the office of Licadho, which was monitoring the protest, Pilorge said.
Pilorge declined to describe Kunthin�s injury, citing medical confidentiality rules, but said the woman left Licadho�s office on Thursday afternoon. Later, Pilorge said the organization could not reach Kunthin, but could not confirm if she was among those arrested.
Chhun, a prominent unionist and former head of the Cambodian Independent Teachers Association, was arrested two weeks ago in relation to statements he made on U.S.-run Radio Free Asia that Cambodia was ceding hundreds of hectares to Vietnam as part of border demarcations � a topic that has long been a lightning rod for ethnically charged opposition fervor. Government officials said Chhun�s claim was false, and the courts charged him with incitement to commit a felony.
His arrest sparked ongoing protests and criticism from rights groups. In response, City Hall on August 3 announced a ban on gatherings outside the court for reasons related to public order, traffic and Covid-19.
Kunthin, who is a member of Khmer Thavrak, said earlier on Thursday that she had suffered bruises in the clash.
�We didn�t do anything against the law,� Kunthin said. �Why do they use violence against us again and again? It�s shameful that the authorities don�t love the people, and use violence against them.�
Another protester, Yin Moliny, said the demonstration had been peaceful.
�I had no intention to clash with the security guards � but they came and pushed us. So what can I do as an innocent person? We did not fight back. Where is the law?� Moliny said. �They came here to mistreat people, not to protect people. They get a salary from the people and they mistreat the people. It�s unacceptable.�
Prampi Makara district governor Lim Sophea could not be reached for comment.
Four opposition activists were also arrested last week after participating in protests calling for Chhun�s release.
Sam Sokong, Chhun�s lawyer, said the court had questioned the unionist on Thursday morning about why he had been investigating the border issue. Chhun had told the court that he had merely interviewed witnesses, and he did not intend to cause trouble in society, Sokong said.
�Patriotic� Protest
A day earlier on Wednesday, about 20 protesters, including members of Khmer Thavrak, briefly marched in Phnom Penh holding Cambodian flags and wearing T-shirts proclaiming �I Love the Nation.�
They started at Boeung Keng Kang district�s Olympic market under the watch of about 100 security officers. They were stopped around 11 a.m. between the market and Wat Moha Montrei, less than 500 meters away, as guards shouted at the protesters, blocked their path and took their flags.
A protester, Tha Lavy, said the march was about supporting �patriotic heroes� arrested trying to protect the national border.
�When they arrested those who demonstrated patriotism in protecting the national border, our people did not concern themselves with the national problem, and let powerful people use their power to arrest our patriotic heroes,� Lavy said. �We cannot accept it, and want to spread a message for people to love our nation.�
Vannak, another of those arrested on Thursday and also a member of Khmer Thavrak, said on Wednesday that the group was turning its protests about Chhun�s release into a campaign for Cambodians to care more about their country.
�Most people are not very patriotic yet compared to other countries,� Vannak said. �So we have changed our plan from [only] demanding the release of Mr. Rong Chhun into a campaign to encourage Cambodians to love their nation more, think of common interests, think of heroes who sacrificed their lives, who sacrificed their time for our common interests.�
City Hall spokesman Met Measpheakdey told VOD on Wednesday that authorities had blocked the march because the protesters had not sought permission beforehand.
�They gathered and marched and did things that were not in accordance with legal principles that require them to do better than this,� he said.
- Impact of Event
- 6
- Gender of HRD
- Other (e.g. undefined, organisation, community), Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- WHRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Aug 12, 2020
- Event Description
Two Karen men and one Burmese woman were charged Wednesday by police under the Peaceful Assembly and Peaceful Procession Law for holding an event to mark the 70th Karen Martyrs� Day in Yangon.
The death of Karen revolutionary leader Saw Ba U Gyi, who was murdered on Aug. 12, 1950, is commemorated annually as Karen Martyrs� Day. Saw Ba U Gyi founded the Karen National Union (KNU), one of Myanmar�s prominent ethnic armed groups.
On Wednesday morning, Kyauktada Township police detained two Karen activists�Sa Thein Zaw Min and Saw Hser Kwar Lar�during a commemoration of Karen Martyrs� Day in the center of Yangon near Maha Bandula Park.
On Monday, authorities in the township denied the Karen organizers� request for permission to hold the Karen Martyrs� Day event, citing COVID-19 restrictions. Mass gatherings are banned in Myanmar under the government�s COVID-19-related restrictions.
On Wednesday, police also arrested Burmese activist Daw Sein Htwe, who attended the 70th Karen Martyrs� Day event, for allegedly absconding from a lawsuit brought against her under the Unlawful Assembly Law last year.
On Wednesday evening, the two Karen activists�Sa Thein Zaw Min and Saw Hser Kwar Lar�were released after police opened lawsuits against them under Article 20 of the Peaceful Assembly and Peaceful Procession Law, according to Naw Ohn Hla, chair of the Karen Women�s Union (KWU).
Under Article 20, organizers of a gathering can face a maximum sentence of one month in prison and a fine of 10,000 kyats (US$7.31) for failing to properly inform township authorities about a gathering, including details on the kind of activities involved, slogans, speeches, places and times.
Police Colonel Myo Thet of the Kyauktada Police Force told The Irrawaddy on Thursday that police sued the two Karen activists for reading messages that were not mentioned in the letter about the event that they filed with authorities.
Under one of the terms of the Peaceful Assembly and Peaceful Procession Law, people who join an assembly �must not recite or shout chants other than the ones approved.�
On the same day, the Kyauktada Township Court sent Daw Sein Htwe to Insein Prison as she declined to request bail after being charged under Article 19 of the same law. Article 19 of the Peaceful Assembly and Peaceful Procession Law carries a maximum sentence of three months in jail and a 30,000 kyat fine (US$21.93) for violating any of over a dozen rules on how and when people may assemble.
This week�s arrests mirror a series of arrests that followed last year�s Karen Martyrs� Day events in Yangon, after which Sa Thein Zaw Min was sentenced to 15 days in prison.
On Oct. 12, 2019, Kyauktada police opened unlawful assembly cases against Daw Sein Htwe and two other activists�Ma Zarchi Linn of the Democracy, Peace and Women (DPW) group and Naw Larshee Htoo of the KWU�for leading a rally in solidarity with three other Karen activists who had earlier been sentenced to 15 days in jail for holding a rally on the 69th Karen Martyrs� Day in Yangon.
Karen activists Sa Thein Zaw Min, Saw Albert Cho and Daw Naw Ohn Hla, were sentenced to 15 days in prison by the Kyauktada Township Court on Oct. 2, 2019 for the 2019 Karen Martyrs� Day gathering.
Police Colonel Myo Thet said that Daw Sein Htwe was sued on Wednesday under Article 19 of the Peaceful Assembly and Peaceful Precession Law for leading the solidarity rally last year without informing the township authorities.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Minority Rights, Offline, Right to liberty and security
- HRD
- Minority rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Aug 11, 2020
- Event Description
One of Hong Kong�s most strident pro-democracy figures has been arrested and the offices of the newspaper he owns searched by police in a stark escalation by authorities enforcing a new national security law brought in by Beijing.
The raid on Apple Daily, Hong Kong�s largest pro-democracy daily paper, and arrest of Jimmy Lai and other senior executives were condemned by activists and journalists, who said they marked �the day press freedom officially died�.
Apple Daily�s publisher, Next Digital Media, said it was �furious� about the raid and arrests. It warned that press freedom was �hanging by a thread� but said its staff remained committed to defending it.
Lai, a 71-year-old media tycoon and outspoken supporter of Hong Kong�s pro-democracy movement, was arrested alongside six others including his son on Monday morning on suspicion of �collusion with foreign forces� and conspiracy to commit fraud.
In a separate incident the pro-democracy activist Agnes Chow was also arrested under the new law, her fellow activist Nathan Law said.
Hong Kong police said nine men and one woman, aged between 23 and 72, had been arrested.
Hundreds of police descended on the Apple Daily building in an unprecedented hours-long raid, which was live-streamed by dozens of the paper�s staff.
�Tell your colleagues to keep their hands off until our lawyers check the warrant,� the editor-in-chief, Ryan Law Wai-kwong, told police. Staff were ordered to produce ID. Midway through the raid a handcuffed Lai was marched through the newsroom.
Thousands watched the streams, which appeared to contradict police claims that �news materials� would not be targeted, as officers casually rifled through papers on journalists� desks. Boxes of documents were confiscated.
Later, police barred news organisations including Reuters, Agence France-Presse, the Associated Press and the public broadcaster RTHK from attending a press conference about the search.
The Hong Kong journalist association head, Chris Yeung, said the raid was �horrendous�. �I think in some third-world countries there has been this kind of press freedom suppression, I just didn�t expect it to be in Hong Kong,� he told media.
Next Digital accused police of abusing their power and authorities of �breaching press freedom through intimidation and creating an atmosphere of white fear�.
The arrest of Lai, while not unexpected, has alarmed the city, which has been on edge after Beijing imposed a sweeping national security law outlawing sedition and secessionist activities, and foreign collusion.
Lai, who also holds UK citizenship, is the most high-profile figure detained under the law. If charged and convicted, he could face potential sentences of three to 10 years in prison � or up to life for an offence �of a grave nature�.
In 2019 state media labelled him one of a new �Gang of Four� conspiring against Beijing. He is already facing several charges over involvement in last year�s pro-democracy protests, and he was one of 25 people charged on Friday over attending a Tiananmen Square massacre vigil in June. Hong Kong�s security laws: what are they and why are they so controversial? Read more
A report in hawkish Chinese state media mouthpiece the Global Times labelled Lai a �modern-day traitor� and suggested he was unlikely to receive bail and would face �heavy penalties�.
Hong Kong journalists have repeatedly warned that the law would have a chilling affect on local media.
The activist and legislator Eddie Chu Hoi-dick accused the Chinese Communist party of wanting to close Apple Daily, and said Lai�s arrest was �the first step of [a] HK media blackout�.
Claudia Mo, a pro-democracy legislator and a former journalist, said she was more surprised by the raid than the arrest. �This is just so drastic and blatant,� she told the Guardian.
Keith Richburg, a veteran correspondent and now head of Hong Kong University�s media school, said the raid and arrests were outrageous. �I think you can say that is the day press freedom officially died, and it didn�t die a natural death. It was killed by Beijing and it was killed by Carrie Lam and Hong Kong police,� he said.
The police operation marked the first time the law has been used against media in Hong Kong, which has historically had a high level of press freedom. Last month the New York Times announced it was moving part of its Hong Kong bureau to South Korea.
Several outlets have complained of foreign journalist visas not being renewed. On Monday the Standard news website reported that the immigration department had established a national security unit to vet �sensitive� visa applications, including from journalists.
Chinese and Hong Kong officials had promised the security law would not impinge on the city�s civil freedoms, including its independent press. �Today�s police action upends those assurances,� the Foreign Correspondents� Club of Hong Kong said in a statement.
Benedict Rogers, a co-founder and the chair of Hong Kong Watch, said: �To arrest one of the most moderate, peaceful and internationally respected voices for democracy in Hong Kong � sends the message that no one is safe in Hong Kong unless they stay completely silent and do exactly as Xi Jinping�s brutal regime says.�
There was some speculation that the arrests were retaliation for US sanctions against senior Hong Kong officials, including Lam. The accusations against Lai have been at least partly driven by his meetings with and support from senior US figures including the secretary of state, Mike Pompeo.
In response to the US sanctions, China�s foreign ministry on Monday said that it would be placing sanctions on 11 US officials and lawmakers. A foreign ministry spokesman condemned the US for its �blatant interference� in China�s internal affairs.
On Monday afternoon the stock price of Next Digital, which is owned by Lai, rose more than 300% after some analysts reportedly said they would buy in protest against his arrest.
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Offline, Online, Right to liberty and security
- HRD
- Media Worker, Pro-democracy defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Indonesia
- Initial Date
- Aug 10, 2020
- Event Description
Diananta Putra Sumedi, a former chief editor of online local media banjarhits.id, was found guilty and sentenced to three months 15 days for his reporting of a land dispute. The International Federation of Journalists (IFJ) and its affiliate the Alliance of Independent Journalists (AJI) Indonesia express dismay over the conviction and call on authorities to stop criminalising journalists.
The panel of judges lead by Meir Elisabeth at the hearing in Kotabaru District Court, South Kalimantan on August 10 said that Diananta was guilty of inciting hatred and breaching the code of journalism ethics. The judges ruled he violated the article of 28 of the Information and Electronic Transactions Law (ITE Law).
Diananta was arrested by the special crimes investigation directorate of South Kalimantan despite the Indonesian Press Council resolving the dispute in January, 2020. He published an article on a land conflict entitled Johnlin seizes land, Dayak complains to the South Kalimantan Police on November 9, 2019 in banjarhits.id, a partner of national news media Kumparan. Sukirman from a Dayak community council filed a report against Diananta after the publication of the article. Although the dispute has been resolved through mediation process in the Press Council, the trial of Diananta still continued.
Criminalisation of journalists is an ongoing violation against journalists in Indonesia. Despite the fact that the police have signed a memorandum of understanding with the Indonesian Press Council to settle legal disputes, journalists are still being dragged before the courts.
Speaking to the reporters after the trial, Diananta said that the conviction is a very bad precedent for press freedom in Indonesia.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Online, Right to fair trial, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Aug 7, 2020
- Event Description
Human rights lawyer Anon Nampa and student activist Panupong Jadnok are now under arrest on sedition charges under Section 116 of the Criminal Code and for violating the Emergency Decree after they took part in the mass protest on 18 July.
Anon was arrested in front of his condominiumat around 14.10 today. Thai Lawyers for Human Rights (TLHR) reported that around 8 uniformed and plainclothes police officers came to execute the arrest warrant and took him to Samranrat Police Station.
Anon also posted a picture of the arrest warrant on his Facebook profile with the comment �I have been arrested.�
The warrant accuses Anon of sedition under Section 116 of the Criminal Code; of organizing an assembly of ten or more people and threatening to cause violence or a breach of peace under Section 215 of the Criminal Code; violating the Emergency Decree, which bans large gatherings; obstructing the public way without permission under Section 385 of the Criminal Code; violating Section 19 of the Maintenance of the Cleanliness and Orderliness of the Country Act; and of using loudspeaker without permission under the Controlling Public Advertisement by Sound Amplifier Act.
�Anon can only be detained no more than 48 hours before he has to be produced before the court. At that time he will likely seek bail,� Yaowalak Anuphan, head of TLHR, told Khaosod English.
Yaowalak also said that the warrant named Anon the seventh suspect, suggesting that his arrest is part of a �larger crackdown on pro-democracy activists.�
At around 15.00, TLHR reported that Panupong, a Rayong-based student activist who previously face harassment from the authorities after he attempted to hold up a protest sign during Prime Minister Gen Prayut Chan-o-cha�s visit to Rayong last month, was also arrested in front of Ramkhamhaeng University and was also taken to the Samranrat Police Station.
Panupong was arrested on the same charges as Anon and was named the fifth suspect on the warrant.
At around 15.30, police sneaked past the crowd gathering at Samranrat Police Station and took Anon to Bangkhen Police Station, while Panupong was held at the Samranrat Police Station.
The Free Youth Movement has called for a demonstration at 18.00 in front of Bangkhen Police Station, stating on their Facebook page that at least three people have now been arrested for taking part in the protest on 18 July.
At 17.40, both Panupong and Anon are being taken to the Bangkok Criminal Court on Ratchadaphisek Road. TLHR said that, if both are detained and are unable to post bail in time, they will be send to prison.
TLHR also reported that the inquiry officer at the Samranrat Police Station has forced Panupong to sign a statement without waiting for his lawyer to arrive. He was then taken to court without his lawyer.
The arrests took place after Anon gave a speech at the Harry Potter-themed protest on Monday (3 August), calling for monarchy reform and open criticism of the crown, and after the Free People Group�s launch event earlier today at the Democracy Monument, where they announced that they will be holding another protest on 16 August. Anon was also due to speak on monarchy reform at a rally in Chiang Mai on Sunday (9 August).
Around 30 other people involved in organising the 18 July protest or spoke on stage could also be currently targetted for arrest.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Lawyer, Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Active
- Country
- Myanmar
- Initial Date
- Aug 7, 2020
- Event Description
The Observatory has been informed by the Myanmar Alliance for Transparency and Accountability (MATA)[1] about the arbitrary detention of Mr. Gei Om, a member of MATA who works actively on environmental protection and conservation in Chin State. Mr. Gei Om is also a member of the Chin Aung Ta Man (a youth organisation of Chin people), the Chin Civil Society Network, and the Man Eain Working Committee (a community-based organisation).
According to the information received, on July 24, 2020, Mr. Gei Om was taken into custody after a local official in Ohn Village Tract sent a letter of complaint to authorities in Mindat Township, Chin State, on July 13, 2020. The complaint alleged that Mr. Gei Om had spread false news about possible illicit activities throughout Chin villages, was involved in an illegal land dispute settlement in 2016, and had been collecting taxes from villages.
Prior to his arrest, Mr. Gei Om helped local community leaders to monitor the impact of a project of model farms to harvest oil seed plants designed by the Management Committee of Mindat Township. They found out that the local government in charge of the model farms had engaged in illegal logging and that the farms had caused environmental damage to the Natma Taung National Park. On June 1, 2020, they had sent a previous complaint to the Environmental Conservation Department (ECD) of the Ministry of Natural Resource and Environmental Conservation (MONREC), which ordered the Forest Department in Mindat Township to carry out an investigation into the matter. During a meeting with Forest Department officials and two representatives of local communities, Mr. Gei Om, who acted as a negotiator and translator from Chin to Burmese and vice versa, advised the community leaders not to sign documents, which asserted that an investigation was carried out and no wrongdoing had been found. The above-mentioned July 13 complaint letter of the Ohn Village Tract official against Mr. Gei Om was sent to the Mindat Township authorities following this meeting, and led to his arrest.
On August 7, 2020, the Deputy Police Chief charged Mr. Gei Om under Section 5 (1) (F) (G) of the Restriction of Movement and Probation of Habitual Offenders Act of 1961 for his participation in the settlement of a land dispute in 2016. The fabricated charge stemmed from his participation as a community negotiator in the resolution of a land dispute under a customary dispute resolution mechanism after the destruction of a village by a landslide in 2015. At the time, the government authorities had authorized the land dispute to be settled according to local customs but they subsequently claimed that the dispute was not settled legally and that Mr. Gei Om should therefore be charged for his involvement in it, which the authorities claimed it amounted to inciting conflict.
After charges were pressed, Mr. Gei Om was offered a conditional release provided that he would not leave Mindat Township and he would report on a bi-monthly basis to the police for six months to one year, which he refused. If found guilty, Mr. Gei Om will be prohibited from leaving his township and, if he does not comply with this measure of restriction, he could be sentenced to one year in prison. He is currently detained in Mindat Township.
The Observatory expresses its utmost concern over the arbitrary detention and judicial harassment of Mr. Gei Om, which seem to be only aimed at punishing him for his legitimate human rights work.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment, Vilification
- Rights Concerned
- Right to fair trial, Right to healthy and safe environment, Right to liberty and security
- HRD
- Environmental rights defender, NGO staff, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Aug 6, 2020
- Event Description
Two dozen people in Hong Kong, including pro-democracy activist Joshua Wong, have been charged with participating in an illegal assembly at a vigil on June 4 commemorating the crackdown on protesters in and around Beijing's Tiananmen square in 1989.
It was the first time the vigil had been banned in semi-autonomous Hong Kong, with police citing coronavirus restrictions on group gatherings in refusing permission for it to take place. Still, tens of thousands lit candles across the city in what was largely a peaceful event, bar a brief skirmish with riot police in one neighbourhood.
The anniversary struck an especially sensitive nerve in the former British colony this year, falling just as China prepared to introduce national security legislation later that month in response to last year's often violent pro-democracy demonstrations.
Pro-democracy activists see the new legislation as the latest attempt by Beijing to encroach on Hong Kong's freedoms.
Police said in a statement on Thursday that 24 people, including 19 men and five women, aged 23-69, had been charged with holding and knowingly taking part in an unauthorised assembly. Such a charge existed before the new security law came into force on June 30.
Wong, and at least six other activists said on their Facebook pages that they were among those charged.
"Clearly, the regime plans to stage another crackdown on the city's activists by all means," Wong said.
Wong made a court appearance on Wednesday on similar charges related to a protest last year. The verdict is expected later this year.
The new security law, which punishes anything China sees as subversion, secession, terrorism or collusion with foreign forces with up to life in prison, has drawn strong criticism from Western countries for putting Hong Kong on a more authoritarian path.
Its supporters say it will bring stability after a year of unrest.
June 4 commemorations are banned in mainland China, but Hong Kong, which was promised certain freedoms when it returned to Chinese rule in 1997, such as that of expression and assembly, traditionally held the largest vigils globally every year.
China has never provided a full account of the 1989 violence. The death toll given by officials days later was about 300, most of them soldiers, but rights groups and witnesses say thousands of people may have perished.
- Impact of Event
- 7
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Aug 6, 2020
- Event Description
Windel Bolinget is an indigenous rights defender and the Chairperson of the Cordillera PeoplesAlliance (CPA), an alliance of over 300 indigenous people’s organisations in the Cordillera region ofthe Philippines. The human rights defender has been leading many of CPA’s campaigns againsthuman rights violations such as extrajudicial killings, trumped-up cases, enforced disappearance,harassment, and intimidation of Cordillera indigenous peoples. He has also been at the forefront oflocal movements against large-scale mining projects, mega-dams and other projects that pose athreat to the environment.
On 6 August 2020, a criminal case was filed at Davao del Norte, against ten individuals, includingindigenous rights defender Windel Bolinget, for their alleged involvement in the murder of GaritoMalibato, a member of a local indigenous peoples organisation called Karadyawan, on 21 March2018.
On 25 September 2020, the Regional Trial Court in Tagum City issued a warrant of arrest formurder against the individuals. However, the CAP and Windel Bolinget were only made aware ofthe arrest warrant in the last week of December 2020.The murder charges brought against the defender appear to be completely fabricated. WindelBolinget has never been to Barangay Gupitan, Kapalong, where Garito Malibato was murdered.Following the murder, local indigenous organisations pointed to a paramilitary group as theperpetrators. Further, a relative of the victim also expressed that Malibato had received severaldeath threats from the same paramilitary group before he was killed. With the defender yet to be arrested, police intelligence agents have regularly been approachingrelatives, friends and colleagues of the human rights defender, interrogating them for informationon his whereabouts. There has also been heavy physical surveillance, with men, believed to bemembers and assets of the Armed Forces of the Philippines (AFP) and Philippine National Police,walking around Windel Bolinget’s house and also the regional secretariat of the CPA, in search forthe defender.Windel Bolinget’s family and colleagues fear that, if the defender is arrested, he maybe subjected to the “tokhang”-style execution (extrajudicial killing under the pretext of “resistingarrest” or “nanlaban/fought back”), which is a common occurrence in the country.This is not the first time that the defender has been targeted for his peaceful human rights work. In2006, Windel Bolinget was included in a military hit list, along with other leaders of the CPA. InFebruary 2018, the Department of Justice’s terrorist proscription list included the defender’s nameand that of former CPA leaders. Their names were eventually dropped from the list due to lack ofproof. Since mid 2020, the targeting of the defender has intensified, with many pages on socialmedia branding him, his family and his colleagues as terrorists. On 10 December 2020, flyers witha photo of the defender and text calling him immoral and recruiter of the armed revolutionarygroup, New Peoples Army, were scattered along the road 80 from his house in La Trinidad,Benguet to Baguio City.
- Impact of Event
- 2
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Family of HRD, Indigenous peoples' rights defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Aug 4, 2020
- Event Description
Sankalp Neb, a journalist from Saharanpur, Uttar Pradesh, was booked for allegedly sharing an unverified Twitter post that suggested negative Covid-19 reports had been manipulated with a positive spin by district health authorities. The International Federation of Journalists and its Indian affiliates the Indian Journalists� Union (IJU) and the National Union of Journalists India (NUJ-I) condemn the harassment of Neb and call for the withdrawal of the complaint.
The tweet screenshot shared by the journalist Neb in a WhatsApp group on August 2 mentioned that Covid-19 negative reports were intentionally shown positive in the interest of private hospitals in the district. The screenshot further accuses the district health authorities hatching conspiracies to serve private hospital interests to receive government funding. It alleged the suspected involvement of the district�s Chief Medical Officer (CMO), BS Sodhi, in the �scam�.
The chief medical officer filed a complaint against the journalist on August 3. The First Information Report (FIR) registered under various sections of the �Epidemic Disease Act� and the �IT Act� accuses the journalist of defaming authorities without any substance.
Neb claimed that he merely re-posted the screenshot. He also advised he had been previously targeted for his past news reports that were critical to the state�s administration.
Neb is one of an increasing number of journalists in India being targeted for stories critical to the government�s handling of Covid-19. Under the cover of the pandemic, the Indian government has introduced restrictions on expression, resulting in a growing number of legal cases and summons against journalists in India.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- #COVID-19, Online
- HRD
- Media Worker
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Aug 3, 2020
- Event Description
Delhi University professor Apoorvanand was questioned by the Delhi Police Monday in connection with the Northeast Delhi riots that broke out in February this year.
The professor said his phone has been seized by the police for investigation.
“On Monday, 3 August, 2020, I was asked by the Special Cell, Delhi Police to appear before it in the investigation into FIR no 59/20 related to the violence that happened in NE Delhi in February 2020. I spent five hours there. The Delhi Police also considered it necessary to seize my phone for the purpose of investigation,” Apoorvanand said in a statement issued Tuesday.
Apoorvanand’s phone hasn’t been returned by the police yet.
He told ThePrint that while he was there at the station for five hours, he was questioned for around 3 hours.
“There was violence and, hence, we must all know who the real perpetrators were, it’s only in the best interest of the nation that they are found and the truth established,” Apoorvanand said when approached by ThePrint for a comment.
The DU professor said in the statement that the police shouldn’t harass, and victimise protesters and their supporters who opposed, through Constitutional means, the Citizenship Amendment Act, National Register of Citizens and the process to create a National Population Register.
Apoorvanand, who teaches Hindi at Delhi University, added that he hoped the Delhi Police’s probe into the violence that killed 53 and injured around 250 others will focus on the “real instigators and perpetrators against a peaceful citizens’ protest and the people of North East Delhi”.
When ThePrint reached Delhi Police, its public relations officer Eish Singhal said: “Apoorvanand was called with regard to the Northeast Delhi riots case investigation. He was summoned through a notice. His phone has been taken by the investigating team for a probe.”
Asked when his phone would be returned and if he would be summoned again, the PRO declined to comment. ‘Home Minister, PM treated CAA protesters like enemies’
Urging the police to conduct a just and fair investigation into the violence, the professor said in his statement that it is disturbing to see a “theory” emerging that treats the “supporters of the protesters as the source of violence”.
Speaking to ThePrint, he further said: “What we see is that the February violence ultimately resulted in the disruption of all protest sites that were holding strong since the last two months. Assuming that the protesters whether in Shaheen Bagh or in other places would take such a suicidal step to destroy themselves is absurd.”
He added, “The only thing that these protesters wanted was for the government to hear their concerns and cries, while recognising the legitimacy of the government. In return, the government functionaries, the Home Minister, the Prime Minister and other BJP leaders treated them like enemies and launched a smear campaign against them. They pitched them as being against another section of the society.”
The DU professor also said the whole investigation into the riots has been turned on its head.
“Protests are never against other sections of the society, but this time we saw that misinformation and hate was launched against those showing dissent,” he added.
“Never in the history of independent India has any protest been attacked by other sections of the society. But this time, we saw gangs attacking the protests on behalf of the government. They were legitimised by the state. The point is that we cannot give others the licence to do that with protesters who wanted the government to hear them out,” he added.
On the Delhi Police’s interrogation report that mentioned former AAP leader Tahir Hussain and former JNU student leader Umar Khalid, the DU professor said this is not the natural course of justice.
“It is against the principle of natural justice to publicise something attributed to a person who is in no position to confirm or deny the statement of the police,” Approvanand said.
“We earnestly hope that the professionalism of our investigative agencies is employed in finding the real perpetrators and source of violence, which targeted mainly the protesters and the people from the Muslim community,” he added.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Online
- HRD
- Academic
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Jul 31, 2020
- Event Description
Vietnam�s communist regime has convicted eight members of the unregistered group Hi?n Ph�p (Constitution) of �disruption of security� under Article 118 of the country�s Criminal Code after nearly 23 months after kidnapping them and keeping them incommunicado for many months after that. Their conviction is the regime�s reprisal for their exercising the rights to freedom of expression and assembly.
On July 31, after just one day reviewing, the People�s Court of Ho Chi Minh City found them guilty and gave Ms. Nguyen Thi Ngoc Hanh- eight years in prison, Mrs. Hoang Thi Thu Vang- seven, Ms. Doan Thi Hong- two and half years, Mr. Ngo Van Dung, Mr. Do The Hoa and Mr. Le Quy Loc- five years each, Mr. Ho Dinh Cuong- four and half years, and Mr. Tran Thanh Phuong- three and half years in prison.
In addition, Mr. Dung, Mr. Cuong, Mr. Phuong, and Ms. Hong were given two years of probation after serving their imprisonment. Four others were with a three-year probation.
Authorities in HCM City deployed hundreds of police officers, plainclothes agents, militia, and thugs to block all routes leading to the courtroom to prevent relatives and friends of the defendants from entering the courtroom to observe the so-called open trial. They forced the activists� relatives and supporters to go away and attacked the sons of Mr. Dung. As a result, any relative of the activists was permitted to observe the trial inside but stayed far away from the courtroom.
Defend the Defenders has learned that only a diplomatic representative from the German Embassy in Vietnam was permitted to attend the trial while the requests from the diplomatic missions of the US and other countries were denied.
Hi?n Ph�p was established in 2017 with the aim to enhance civil rights among Vietnamese by disseminating the country�s Constitution approved by the communist-controlled parliament in 2013. The eight convicted members, together with others of the group were active during the mass demonstration in HCM City on June 10, 2018 in which tens of thousands of people from all social classes rallied on streets to protest two bills on Special Economic Zones and Cyber Security. The first is considered to favor Chinese investors to purchase land in Vietnam amid increasing concerns of Beijing�s intensifying aggressiveness in the East Sea (South China Sea). The second which was approved by the communist-controlled parliament and became effective from January 1, 2019, is considered an effective tool to silence online government critics.
They planned to hold the second peaceful demonstration in early September of the same year on the occasion of Vietnam�s Independence Day (September 2) to protest the socio-economic policies of the communist regime. However, they were abducted by security forces in Ho Chi Minh City a few days before the action date.
Their fate and whereabouts remained unknown for months as the police held them incommunicado without informing their families, and even after the families had been informed of the detention they have remained incommunicado for nearly a year.
The first two of the defendants, Ms. Hanh and Mrs. Vang were charged with Clause 1 of Article 118 with imprisonment of between seven and 15 years in prison while the remaining six are accused under Clause 2 of the same article with imprisonment between two and seven years.
A few months ago, Ms. Hong, who was detained when her daughter was about two years old, informed her family that she was held in very severe conditions. Since being arrested, she has been under physical and mental torture constantly, according to the information she gave her older sister.
In mid-April this year, Mr. Dung and Mr. Loc were brutally beaten by police officers while being held in Phan Dang Luu temporary detention center under the authority of HCM City Police Department. Due to the severe injuries, both were taken to a hospital for urgent treatment for ten days.
Despite doing nothing harmful for the country, Hi?n Ph�p group has been targetted by Vietnam�s communist regime. Two members of the group Pham Minh The and Huynh Truong Ca were convicted of �abusing democratic freedom� and �anti-state propaganda� with respective imprisonment of two years and five and half years in 2018-2019. Mr. The was released on July 10 this year, three months before his imprisonment term was set to end.
Three other members of the group fled to Thailand to seek political asylum to avoid being punished by the Vietnamese regime.
All imprisoned members of the group were considered prisoners of conscience by Defend the Defenders.
So far this year, Vietnam has convicted 15 activists to total 66.5 years in prison and 26 years of probation, according to Defend the Defenders� statistics. In addition, the regime has also arrested 49 activists and charged them with controversial allegations in the national security provisions of the Criminal Code for their peaceful exercising their basic rights enshrined in the country�s Constitution and the international human rights treaties Vietnam has signed.
- Impact of Event
- 8
- Gender of HRD
- Man, Woman
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Cambodia
- Initial Date
- Jul 31, 2020
- Event Description
Authorities in Cambodia arrested outspoken union chief Rong Chhun from his home in Phnom Penh on Friday in connection with a statement he made claiming that the country had ceded land to Vietnam along their shared border, according to officials.
Rong Chhun, president of the Cambodian Confederation of Unions and a member of the Cambodia Watchdog Council, was taken into custody on charges of �incitement to commit a felony or cause social unrest� under Article 495 of Cambodia�s Penal Code, Ministry of Justice spokesman Chhin Malin told RFA�s Khmer Service, confirming an earlier report by government-aligned Fresh News.
Fresh News had quoted Phnom Penh Municipal Court spokesperson Kuch Kimlong as saying Rong Chhun had been arrested �for allegedly distorting news on [the] border issue,� adding that he had committed a crime �in flagrante delicto,� or was caught in the act.
On July 20, Rong Chhun had visited Trapeang Phlong commune, in Tbong Khmum province�s Ponhea Kraek district, where Cambodians claimed recently placed border posts had caused them to lose land to neighboring Vietnam.
The following day, he issued a statement on behalf of the Cambodia Watchdog Council in which he cited irregularities with the placement of border posts 114 to 119 that resulted in the loss of �hundreds of hectares� (one hectare = 2.5 acres) of ancestral land belonging to area farmers.
However, on Friday, Cambodia�s official Cambodia Border Committee rejected Rong Chhun�s claims, saying his organization had disseminated �fake news� based on �groundless accusations.�
�Rong Chhun colluded with bad actors who claimed their ancestral land was taken by Vietnamese soldiers who ousted them from their farms,� the committee said in the statement.
Kuy Pisey, vice president of the Cambodia Border Committee, told RFA following the release of the statement that the current border demarcation is �based on documentation� and that no farmers have lost land.
She said the government controls around 60 hectares (150 acres) in Ponhea Kraek district that area farmers never controlled and accused the Cambodia Watchdog Council of trying to �confuse people with fake news.�
�What the government has done is not a joke�we are committed to protecting our territory,� she said.
Rong Chhun, who is also the former president of Cambodia�s Teachers� Association and a former member of the country�s National Election Committee, stood by his July 21 statement in an interview with RFA on Friday.
�I am only a union member�I don�t need to be popular,� he said, adding that the Cambodia Border Committee�s accusations �do not reflect my statement.�
�It is the truth, based on the villagers who said they lost around 500 meters (1,640 feet) of their land to the border � The border committee must be brave enough to accept the truth.�
Not long afterwards, police took Rong Chhun into custody for questioning. He is currently being held at an undisclosed location within Phnom Penh, according to family members.
Whereabouts unknown
Soeung Sengkaruna, a spokesman for local rights group Adhoc, told RFA that he visited the Phnom Penh Municipal Police headquarters, but learned little of Rong Chhun�s situation.
�We want to find out his condition�is he safe and healthy,� he said, adding that it was too early for him to comment on the charges facing Rong Chhun.
Um Sam An, a former lawmaker from the banned opposition Cambodia National Rescue Party (CNRP) who once served a prison term for criticizing the country�s handling of the border issue, told RFA that �the government is shutting up nationalists.�
He claimed that farmers are losing land because Cambodia is demarcating the border based on a treaty from 1985, when Vietnam occupied the country following its ouster of the Khmer Rouge regime six years earlier.
�What Rong Chhun was trying to do was to protect villagers from losing their land,� he said.
�I praise Rong Chhun�s conscience and condemn the government for his arrest.�
Border dispute
Rong Chhun�s arrest follows the discovery by Cambodian authorities of 31 military shelters, housing armed Vietnamese soldiers, in Kandal province�s Koh Thom and Leuk Daek districts, which prompted Cambodia�s embassy in Hanoi to issue a May 13 diplomatic d�marche, demanding that the structures be taken down.
By the end of May, only three had been removed, according to Cambodia�s Ministry of Foreign Affairs. Authorities in Vietnam�s An Giang province had claimed troops were deployed to guard the area against illegal entrants who could potentially cause an outbreak of the coronavirus, but border activists, including Rong Chhun, said the move amounted to an invasion of Cambodian territory.
Unresolved border issues between Cambodia and Vietnam, former French colonies from the 1860s to 1954, have sparked incidents in the past, with the construction by Vietnam of military posts in contested areas quickly challenged by Cambodian authorities in Phnom Penh.
In June 2015, activists from the CNRP were attacked by Vietnamese villagers when they went to inspect an area in Svay Rieng province where they said a road built by authorities in Vietnam�s Long An province had encroached into Cambodian territory.
A joint communique signed by Cambodia and Vietnam in 1995 stipulates that neither side can make any changes to border markers or allow cross-border cultivation or settlement pending the resolution of outstanding border issues.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Labour rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Nepal
- Initial Date
- Jul 29, 2020
- Event Description
Umesh Dube, a prominent investigative journalist who has earned his reputation for writing about corruption and malpractices has been arrested for allegedly "disturbing social peace and harmony" on 29th July, 2020. Bureau Chief of TV Today Television HD (https://bit.ly/3fn57Fm) and reporter at Sagarmatha National Television, Journalist Dube holds many caps on the journalism arena. He was arrested by District Police Office of Parsa district. Parsa lies in province 2.
As per Freedom Forum's representative for Province 2, Rajan Singh, "The dispute stated when the police made an issue warning Dube to not walk on the main road". Singh says, there is no law which prohibits anybody to walk on any road. Dube informed Singh that he was wearing a press jacket and had press card at that time. Later the same day, when Dubey posted a Facebook status saying that police's wrongdoings are not hidden from public's eye, he was arrested late in the evening.
According to DSP Manojit Kunwar, after holding him for two days, his custody is extended for 10 days as a court case against him has just been registered. They have claimed that they possess evidence where Dube has demanded money from people misusing police's name. Bijaya Kuswaha, a local journalist informed FF that the District Police Office, Parsa has the history of fabricating facts with the intention of revenge on those who speaks against the authorities. In the past, several other journalists were called out and were forced to sign papers accepting that they will not write or talk against the authorities. Journalist Dubey frequently published news regarding security officials' involvement on boarder smuggling and corruption.
Journalist Kushwaha Dube's investigative stories were the reason behind such troubles.
The action taken by the police against Dube is one of many examples where journalists are troubled by taking false legal courses in Nepal. Such action in the present has become day to day phenomenon to stop the journalists from involving in investigative reporting on the critical issues of the administration. FF demands immediate release of Dube as 10 days is the maximum amount of detention period given the nature of the case. As he has been investigated since 2 days, unfair extension infact seems like a way of teaching lesson to deter journalists from writing about the police. FF urges police to stop fabricating the facts immediately and respect the notion of free press.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Online, Right to fair trial, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Jul 28, 2020
- Event Description
A special court here on Friday remanded Delhi University (DU) associate professor Hany Babu, arrested in connection with the Elgar Parishad case, in judicial custody till August 21.
Hany Babu Musaliyarveettil Tharayil, 54, associate professor at the Department of English of the university, was arrested by the National Investigation Agency (NIA) on July 28 for his alleged involvement in the case.
He was sent to judicial custody by special court judge D E Kothalikar at the end of his NIA remand on Friday.
Earlier, the NIA had submitted before the court that the accused had links with the CPI (Maoists).
The case relates to the alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017, which the police claimed triggered violence the next day near the Koregaon-Bhima war memorial located on the outskirts of the western Maharashtra city.
The Pune police filed a charge sheet and a supplementary charge sheet in the case on November 15, 2018 and February 21, 2019, respectively.
The NIA took up the investigation in the case on January 24 this year.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Academic freedom, Offline, Right to liberty and security
- HRD
- Academic
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Pending
- Related Events
- India: another academic arrested on spurious accusations
- Country
- Philippines
- Initial Date
- Jul 27, 2020
- Event Description
Two protesters in Tuguegarao City were arrested by the police Monday afternoon, July 27, as they were preparing to hold a demonstration coinciding with President Rodrigo Duterte's 2020 State of the Nation Address (SONA).
In a phone interview with Rappler, Cagayan provincial police chief Colonel Ariel Quilang said two teenagers were arrested and were facing criminal complaints for violating the following laws:
Republic Act No. 11332 or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Concern Act; Revised Penal Code Article 151 or disobedience to a person in authority.
The two were identified as members of the League of Filipino Students and Kabataan Partylist - Cagayan Valley.
According to Quilang, the two demonstrators violated the general community quarantine rule that anyone aged 21 and below must stay at home unless they are out for essential travel.
With this rule applied, Quilang said it does not matter if the two were not part of a group of 10 �the general number of people that police consider as a mass gathering�as long as they are minors who went outside.
"We were just implementing the COVID violations. Here in Cagayan, we are strictly implementing COVID violations," Quilang said.
As of Sunday, July 5, the PNP has arrested a total of 76,340 alleged quarantine violators. Of them, 3,148 continued to be detained as they undergo preliminary investigation.
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Freedom of assembly, Offline, Right to liberty and security
- HRD
- Student, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Jul 27, 2020
- Event Description
Four young activists who belonged to a disbanded pro-independence group have been arrested on secessionist charges in Hong Kong�s first crackdown on political figures after the enactment July 1 of a sweeping national security law.
Senior Superintendent Li Kwai-wah, with Hong Kong police�s newly formed National Security Department, told reporters late Wednesday that four students between the ages of 16 and 21 had been arrested under the new national security law for �organizing and inciting secession� by their advocacy of independence.
He declined to name them and their group, but the group Studentlocalism announced on social media that its former convenor, Tony Chung, 19, had been arrested Wednesday night for �inciting secession.� Activists said at least two other former group members also had been arrested about the same time.
The arrests were the most high-profile crackdown on political figures since the introduction of the new security law. Ten protesters were arrested that day on national security charges.
'Hong Kong nation'
Li accused the group of announcing online the establishment of a new group to advocate for the establishment of a �Hong Kong nation,� as well as its declaration that it would use all means to achieve this end. He also alleged that the group was trying to �unite all pro-independence groups in Hong Kong� and �incite others to join them.�
Li said mobile phones, computers and documents had been seized from the arrested activists� homes. He said the police could take DNA samples from them if necessary.
Citing clauses 36 to 38 of the national security law, Li emphasized that people also could be charged with criminal enterprises for �national security crimes� committed elsewhere in the world.
�We have jurisdiction even if the propaganda takes place abroad,� he said.
Studentlocalism announced its closure on the eve of the enactment of the national security law on July 1, but it also announced 10 days ago the establishment of its U.S. division. On its Twitter account, the group called on its supporters to join in, and it posted an online recruitment form.
Manifesto
Its manifesto on Twitter says one of its missions is to �establish a Hong Kong republic with independent sovereignty� and �awaken the will of Hong Kong�s national independence.�
Li said the arrestees were suspected of violating both Article 20 and 21 of the national security law, which criminalizes secessionist acts and incitement of others to commit such offenses.
In a video footage posted online, a plainclothes police officer, purportedly from the national security department, can be seen escorting Chung, who has his hands tied behind his back, to a vehicle.
Local media said it was the first time that officers from the police force's new national security department had made an arrest under the security legislation.
As the group disbanded June 30, Chung vowed on Twitter, �We won�t give up, we refuse to forget, one day we will witness the Hong Kong national flag on our land.�
Chung was arrested in May 2019 for damaging the national flag at the protest zone outside the legislature, before the anti-government protest movement began.
Ahead of the police briefing Wednesday night, officers expelled several journalists, saying they had not been registered with the government � even though no such restrictions had been put in place previously.
Commenting on the arrests, pro-democracy lawmaker Eddie Chu said the activists were not arrested for their actions but rather for their rhetoric on social media. �The maximum penalty is life imprisonment. Typical CCP [Chinese Communist Party] speech crime,� he said on Twitter.
Human Rights Watch researcher Maya Wang said the arrests were �a significant escalation on the part of the Hong Kong government, criminalizing those who organize political parties, and it's likely [to be] just the beginning before it moves onto pan-democratic parties.�
- Impact of Event
- 4
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Jul 27, 2020
- Event Description
Bulacan police arrested four women activists July 27 in barangay Cacarong Matanda, Pandi, Bulacan after staging an online protest coinciding with President Duterte�s fifth State of the Nation Address.
According to urban rights group Kadamay, Janet Villamar, April Tricia Musa, Marilou Amaro, and Edmylyn Gruta staged an online protest 11 a.m. to call for mass testing, aid, and the release of fellow Kadamay Pandi member Rose Fortaleza, who was arrested July 26 after police raided a Kadamay office and confiscated copies of alternative publication Pinoy Weekly.
Hours later, police arrived at their homes and began arresting the four individuals. When asked why, they were unable to cite any violation. According to Mimi Doringo, Kadamay spokesperson, the four were already resting or tending to other duties when the police arrived.
This is contrary to the official police report which claimed that officers on patrol saw members of Kadamay conducting a rally. The officers �asked for a permit�, which they protesters were unable to provide, and were asked to go home. When they could not comply, the protesters �persisted and pushed the officers, resulting in their arrest.�
As of July 28, or 24 hours after the arrest, no charges were filed against them. Kadamay also stated that the four were forced to sign a form �voluntarily waiving their rights under Article 125 of the Revised Penal Code,� as well as having a �gag order� placed on them, preventing them from talking to anyone, including their families.
Article 125 sets restrictions on how long a person can be detained without charges filed, depending on the severity of the case. Article 125 also guarantees the right of the accused to legal counsel at any time.
On July 28, the four activists in Pandi were charged with violations of Republic Act 11332 and Batas Pambansa Blg. 880, or the Mandatory Reporting of Notifying Disease Law and the Public Assembly Act of 1985. The paralegal team only learned of this 24 hours after their arrest. Section 9 of RA 11332 requires any person or entity to report �notifiable disease� to authorities. The Department of Justice has used this provision to justify warrantless arrests of people �violating quarantine protocol.�
BP 880, meanwhile, argues that permits are needed to hold rallies or other mass gatherings. However, lawyers� group National Union of People�s Lawyers (NUPL), stressed that no provisions exist that prohibit rallies during the pandemic. The group stressed that the Constitution states that �no law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.�
Inquest proceedings took place via online on July 28 in the afternoon. Under Article 125, only �crimes or offenses punishable by afflictive or capital penalties, or their equivalent� are given 36 hours for law enforcement to deliver a person to proper judicial authorities before it can be considered a violation of rights.
- Impact of Event
- 4
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Malaysia
- Initial Date
- Jul 24, 2020
- Event Description
Malaysian police have arrested Mohammad Rayhan Kabir, a young Bangladeshi who spoke in a documentary aired by Al Jazeera.
Malaysian Media quoted Immigration director-general Datuk Khairul Dzaimee Daud who confirmed that the 25-year-old was arrested this evening.
Rayhan Kabir sent a WhatsApp message to this reporter today, saying police are going to arrest him. In the message he said, "I did not commit any crime. I did not lie. I have only talked about discrimination against the migrants. I want the dignity of migrants and my country ensured. I believe all migrants and Bangladesh will stand with me."
Rayhan Kabir's family lives in the Bandar upazila of Narayanganj. His father Shah Alam works in a garment factory. He told The Daily Star, "I just got the news from Malaysia by a Bangladeshi. My son has been protesting against all odds since childhood. But he never did any wrong. After HSC from Tolaram College in 2014, he left for Malaysia and passed his BA there."
Shah Alam said in a choked voice, "Raihan's mother has been sick for the last one month. My son has been arrested for protesting against discrimination and exploitation. I believe my son did not do anything wrong. I want Bangladesh to stand with him."
The investigative documentary titled 'Locked Up in Malaysia's Lockdown' was aired on July 3. It shows that the Malaysian government is discriminating against migrants during the epidemic through the Movement Control Order (MCO).
After that six media workers of Al Jazeera were called to Malaysia Central Police Headquarters on July 10 for questioning.
They are also being investigated for alleged defamation and sedition by Malaysian police.
The Immigration Department of Malaysia also issued a search warrant against Rayhan Kabir who was interviewed in the documentary. The local administration has also issued a summon to seek his personal information. After that his work permit had been canceled.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Online, Right to liberty and security
- HRD
- Labour rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Jul 21, 2020
- Event Description
Police arrested an anti-government protester on suspicion of violating Hong Kong�s new national security law on Tuesday and dispersed dozens more who had gathered at a shopping mall to mark one year since a mob attacked protesters and passengers at a train station in Yuen Long.
Three other people were arrested on suspicion of obstructing police in the execution of their duties, while a fourth was detained for violating a court-imposed curfew.
Officers also fined 79 people for social-distancing violations in Yuen Long, and some others in Central, where another small rally took place earlier. Activists were voicing anger over a lack of progress in investigating the attack.
The anti-government protester was handcuffed and taken away from the Yoho mall in the evening after being accused of displaying a placard reading: �Liberate Hong Kong; revolution of our times.�
In a statement, police said he allegedly incited or abetted others to commit secession, in breach of the new law.
The government maintains the slogan amounts to a separatist call, although lawyers have cast doubt over the assertion and say the courts should decide.
Police also led away Democratic Party lawmaker Ted Hui Chi-fung, who told reporters officers accused him of being uncooperative as they tried to search his belongings.
A small group of people inside the mall chanted protest slogans, including the controversial one, and officers briefly raised a purple flag warning they could be arrested for violating the new law.
Officers rounded up dozens of journalists outside and demanded they turn off their cameras as they were searched and their press credentials were checked. The force took to social media earlier in the day to warn demonstrators of legal action if they participated in the rally, amid a worsening third wave of the Covid-19 pandemic . The attack on July 21 last year was widely caught on video. Clips show the white-clad mob armed with metal poles and rattan sticks entering the train station and begin to beat anti-government protesters and passengers seemingly at random, leaving 45 people injured .
Some activists have accused police of colluding with the attackers as officers failed to show up promptly after being alerted to the incident, although the force maintains the delay was caused by a staffing crunch.
The attack is widely regarded as a turning point in the year-long social unrest triggered by a now-withdrawn extradition bill, which pitted police and protesters against each other.
Dozens of arrests have been made over the violence, but the force�s watchdog has noted it lacks the authority to investigate the allegation officers were involved.
Police were out in force in Yuen Long in the afternoon, with officers issuing tickets to three Democratic Party lawmakers, among others, outside the MTR station for failing to observe the ban on public gatherings of more than four people.
The three lawmakers were party chairman Wu Chi-wai, vice-chairman Andrew Wan Siu-kin and Lam Cheuk-ting, who afterwards accused officers of abusing their power.
�We came in groups of four,� said Lam, a victim himself. �But when we arrived, the police ushered us together and then claimed we had breached the social-gathering regulations. If police had deployed one-tenth of the manpower last year to handle the July 21 attack, the attack might not have taken place.�
Victim Calvin So said he was returning home after a shift working as a chef that night when the mob descended upon him, leaving him with injuries to his leg and back.
�I was invited by police to give a statement once last August and then police called me two or three times later in October for some follow-up questions,� So said. �Since then, I have not heard anything from police. I can�t help thinking they are not actually serious in investigating the case.�
Earlier in the day, a handful of protesters were handed fines during a gathering at a mall in Hong Kong�s Central district to mark the anniversary.
A police spokesman said officers fined four men and two women, aged between 14 and 55, for violating social-distancing rules. Last week the government tightened the ban on public gatherings from 50 people to four in a bid to contain the spread of Covid-19 infections.
One young protester, in tears after being fined, said: �I was crying not because I was fined � But where were all these officers on July 21 last year? Now, why are there so many of them here to slap fines on young people?�
The force said it understood public concern over the violence at Yuen Long MTR station last year and stressed their New Territories North regional crime unit spared no effort in bringing the criminals to justice.
So far, 37 people, aged between 18 and 61, have been arrested over the attack, seven of whom have been charged with rioting. Police refused to comment further on the investigation, saying it was ongoing.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Media Worker, Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Jul 17, 2020
- Event Description
Assam Police on Friday announced a CID investigation into the arrest of a journalist Rajib Sarma, taken into custody on charges of misbehavior with the wife of a district official.
The DY365 channel journalist was arrested from his residence in Assam�s Gauripur at 2 am on Thursday, hours before his 64-year-old father passed away due to cardiac arrest. Following an uproar over his protest, the district superintendent of police and the divisional forest officer (DFO) were transferred, PTI reported.
Sarma was granted interim bail on the same day as his arrest, however he reached home to find that his father had passed away, NDTV reported. �I have not even seen his (Roy�s) wife. I have not even spoken to her. This is a conspiracy on the part of the existing nexus between influential people who are involved in these illegal activities,� Sarma had said after being released.
Sarma did a series of news reports claiming that cattle smuggling in Dhubri district was thriving on the alleged nexus between the DFO and district police. "The case of the arrest of a local journalist of electronic media has been transferred to the Criminal Investigation Department for a proper probe," Additional Director General of Police (Law and Order) GP Singh told reporters on Friday.
Meanwhile, Dhubri DFO Biswajit Roy had lodged a police complaint against Sarma accusing him of extortion and misbehaving with his wife. He has been charged under sections 389 (putting person in fear of accusation of offence, in order to commit extortion), 384 (punishment for extortion), 385 (putting person in fear of injury in order to commit extor�tion), 354 (assault or criminal force to woman with intent to outrage her modesty) and 506 (punishment for criminal intimidation) of the Indian Penal Code
On Friday, a local court granted Sarma an interim bail to complete the last rites of his father. The ADGP said the Vigilance and Anti-Corruption Cell will be investigating the DFO's case separately and it will be unrelated to the criminal case against the journalist. Dhubri district forest officer Roy alleged Sharma attempted to extort Rs 8 lakh from him on the basis of fabricated news regarding his involvement in a cattle smuggling syndicate.
Singh also said that a Special Investigation Team (SIT) will be formed to inquire about the role of Dhubri district police in cattle smuggling cases in the last two years. "I have done the preliminary inquiry today and will submit my findings to the DGP and the chief minister by tonight," the police officer said.
Apart from bringing the issue to the National Human Rights Commission and Press Council of India�s attention, DY365 channel has also decided to move the Gauhati High Court, according to The Wire. Atanu Bhuyan, consulting editor of DY365, said, �Our decision to move the high court is final. It is not fair that a journalist is whisked away by the police in the late hours, like a common thief. His father died out of shock. Only Rajib and his father lived together in the house. When Rajib was taken away, the neighbours found the doors open the next day. His father was already dead; it is believed he died of shock.�
A BJP delegation met Chief Minister Sarbananda Sonowal and submitted a memorandum denouncing the arrest and seeking an impartial probe into the case. The Guwahati Press Club too sought the chief minister's intervention in the matter so that the scribe's family is not harassed unnecessarily. "We want the CM to intervene and ensure that Mr Sharma is not harassed in the name of investigation," president Manoj Kumar Nath and secretary Sanjay Ray of the press club said in a statement.
Meanwhile, the Assam government transferred Dhubri Superintendent of Police Yuvraj to 1st Assam Police Battalion at Ligiripukhuri as its commandant. Charaideo's SP Anand Mishra replaced him. The Environment and Forest Department also transferred Roy to the Genetic Cell Division in Guwahati. The current DFO of the Genetic Cell Division, PV Trimbak, will be posted to Dhubri, according to an order.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Bangladesh
- Initial Date
- Jul 14, 2020
- Event Description
A prominent blogger faces a possible jail term for allegedly defaming Islam after he opposed political and Islamist propaganda against a Buddhist monk and temple in Chittagong, a south-eastern district of Bangladesh.
Asad Noor, a Muslim who turned self-declared atheist, was charged under the Digital Security Act (DSA), a controversial cyber law, for allegedly spreading rumors against Muslims amid an ongoing dispute between Buddhists and Muslims in the Rangunia area of Chittagong.
A leader of a local branch of the Chhatra League, the student wing of the ruling Awami League, filed the complaint against Noor on July 14, said Mahbub Milkey, the head of Rangunia police station.
�Asad Noor is accused of spreading rumors and defaming Islam via Facebook and other digital platforms,� he said on July 17.
Several hardline Islamist groups have been staging protests over the past few days, demanding a Buddhist monk called Sharnankar be punished for allegedly defaming Islam on Facebook. �The monk has fled the area, and we don�t know where he is now. We have deployed additional police in the area and will seek to avert any possible breakdown in law and order,� the police station chief said.
Noor, however, defended the monk in a video blog, saying that a fake Facebook ID for the monk was created recently as a part of a conspiracy to target him and the temple.
The aim was to grab the temple and the property. Noor also alleged that Ershad Mahmud, younger brother of information minister, Hasan Mahmud, was also involved in the plot.
�I have been accused of defaming Islam by hurting religious sentiments of Muslims because I have protested against a conspiracy against the Buddhist community here,� Noor said in a Facebook post on July 16.
�The fabricated charge against me shows there is no freedom of expression in this country, and the legal system is being exploited to cover up crimes and misdeeds of the ruling class and their cohorts,� he added.
Jyotirmoy Barua, a human rights lawyer, also alleged that there was a plot to target Buddhists in Rangunia similar to one in 2012 that sparked anti-Buddhist violence in the Ramu area of Cox�s Bazar.
�Rangunia is now the �Wild, Wild West� of Bangladesh. An unusual calm prevails in the area, and tensions are running high among local Buddhists and Muslims over the Buddhist monk and the temple,� he said.
�The monk is a man of meditation and prayer, and never uses Facebook. Those who protest against the conspiracy are being forced to leave the area, including local Muslims,� Barua said on July 16.
Holy Cross Father Liton H. Gomes, secretary of Catholic Bishops� Justice and Peace Commission, criticized the alleged attempts to target Buddhists as well as the blogger Noor.
�We have always feared the DSA was repressive and slated for abuse, and it continues to threaten free speech. What Noor said in his video could be countered in a similar manner without filing a lawsuit.
Also, the motives of Muslims protesting against the monk and the temple should be properly investigated,� Father Gomes said.
Bangladesh has experienced several bouts of communal violence against minority Buddhists and Hindus under the pretext of hurting religious sentiments of Muslims in recent years. In all cases, doctored Facebook pages were used to stoke tensions and violence.
In 2012, Muslim mobs destroyed 19 Buddhist temples and 100 Buddhist houses in the Ramu area of Cox�s Bazar and in Patiya, in Chittagong, after a Buddhist man was accused of defaming Islam on Facebook.
In 2013, local Muslims vandalized 26 Hindu houses in the Santhiya area of Pabna district, for Facebook posts defaming Islam, allegedly circulated by a 10th grader Hindu boy.
More recently, in 2017, Hindus in Thakur Para area of Rangpur district came under attack over Facebook posts allegedly made by a local Hindu man that allegedly defamed Islam.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online, Right to healthy and safe environment
- HRD
- Blogger/ Social Media Activist
- Perpetrator-State
- Police
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Jul 13, 2020
- Event Description
Mr. Surendran Natarajan, Mr.Senthil Vasan, Mr. Somasundaram (also known as Sundar) and Mr. Gagan are journalists based in Chennai who work for the YouTube channel Karuppar Koottam which is being webcasted from the past two years from Chennai. The channel creates social awareness videos against superstitious beliefs, women rights and Dalit rights. On July 13, 2020, Mr. Paul Kanagaraj RC, Ex-president of Madras High Court Advocate Association, who is also the founder of the political party Tamil Maanila Katchi, filed a police complaint against the Youtube channel Karuppar Koottam for their 7-month-old video on �Kanda Sashti Kavasam�. The video was about the religious chants for the Hindu deity Muruga, and in their review the channel said that the chants were irrational and objectifies women�s bodies. An FIR 249/2020 was registered under IPC Sections, 153 (Wantonly giving provocation with intent to cause riot), 153 A (1) (a), (Promoting enmity between classes), 295A (Maliciously insulting the religion or the religious beliefs of any class), 505(1) (b) (False statement, rumour etc,. circulated with intent to cause mutiny or offence against the public peace), 505 (2) (False statement, rumour etc.,with intent to create enmity, hatred or ill-will between different classes). On July 15, the police arrested Mr. Senthil Vasan from Velachery. On July 16, Mr. SurendranNatarajan who runs the channel surrendered to the Puducherry police. The next week Chennai crime branch arrested two more technicians Mr. Somasundaram and Mr. Gagan who were working for the channel. The video for which they are charged was deleted by the channel. The cybercrime police also deleted all the 500+ videos from the Karuppar Koottam YouTube channel which included videos on creating social awareness against superstitious beliefs, women empowerment, women rights and Dalit rights. No notice was given to the channel by the officials involved in the search at their office in T Nagar-Chennai, nor did the police have a search warrant. The YouTubechannel currently has no videos. On July 16, 2020, before Mr. Natarajan had surrendered, the ADSP Mr. Saravana Kumar along with 5 policemen and 1 police woman dressed in plainclothes searched Mr. Natarajan residence for any documents. Mr. Nataraajan�s wife, Ms. Abinaya was threatened and abused by Mr. Saravana Kumarduring the house search. At 4 pm Ms. Abinaya was taken to the commissioner officewithout any prior notice, where she was threatened by the ADSP Mr. Sarvana Kumar that she will be charged with an FIR. Fearing for his wife�s life, Mr. Natarajan surrendered to the police in Puducherry. We believe that this case is an example of the right to dissent and free speech being increasingly criminalised in India. This is a violation of Article 19(a) of the Indian Constitution which provides for free speech and power to express oneself to every citizen. Any individual has the right to review the historical events, stories, to express one�s view and understanding via social media. Freedom to expression is crucial to the work of HRDs. The right to freedom of opinion and expression encompasses three different aspects: 1) the right to hold opinions without interference; 2) the right of access to information; and 3) the right to impart information and ideas of all kind. The right to present arguments from a rationalist perspective, including the right to voicing atheistic views, has been upheld by High court judgements. Further, such a right is guaranteed by Article 51A (h) of the Constitution, which enjoins the development of the scientific temper, humanism and the spirit of inquiry and reform. This is also an example of the complete misuse of power by the cybercrime officials. There was no prior notice given to the channel for deleting all their videos, nor was a search warrant produced to search their officeor the home of Mr. Natarajan. The illegal detention and threats directed by the ADSP Mr. Saravana Kumar at the wife of one of the accused who was not involved in the case in any manner, is a clear example of how police violatelaws to achieve its malafide ends. We believe that the complaint filed by Mr. Paul Kanagaraj R C of the Tamil Maanila Katchi is politically motivated following the merger with the ruling BJP. The issue at stake has to do with the right to free expression. In a country where there exist diverse belief system, it is imperative that police follows the due process of law when filing an FIR. This is important in a context where the excuse of hurt sentiment, hate speech is let loose against those voicing their opinions.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Online, Right to healthy and safe environment, Right to liberty and security
- HRD
- Family of HRD, Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Sri Lanka
- Initial Date
- Jul 13, 2020
- Event Description
The families were met by a heavy police presence who claimed to have obtained a court order from the Eravur Magistrate Court to stop the protest from going ahead.
However, the organisers had notified the health department and the police department prior to the planned protest but were still disrupted by the police. This forms part of the ongoing surveillance and attempts to intimidate families and community representatives who are seeking justice for their loved ones.
Families from Jaffna, Mullaitivu, Kilinochchi, Vavuniya, Mannar, Batticaloa, Trincomalee and Ampara had travelled to Chenkalady to participate in the protest organised by the North Eastern Missing Person Organisation.
While the families have been campaigning for over a decade, they have been continuously protesting for over 1,250 days, demanding the fate of their relatives to be revealed.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Administrative Harassment, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of movement, Offline, Right to Protest
- HRD
- Community-based HRD
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Jul 10, 2020
- Event Description
The chief judicial magistrate court in Araria district in Bihar has ordered the release of the 23-year-old gang rape survivor who had been sent to jail for breaking into a verbal argument with the magistrate of the Araria magistrate court while recording her statement.
On July 10, the woman and two social activists, who are also her primary caregivers, were arrested after Araria magistrate Mustafa Shahi found them in contempt. All three have been in jail since then.
Their arrest had led to a nationwide outcry and several senior human rights lawyers had written to the Chief Justice of the Patna high court seeking urgent relief. Magistrate Shahi was also accused of having been insensitive towards the gang rape survivor in his decision to send her to jail.
Taking note of the objection, the high court, on two occasions, had scheduled hearings. However, it eventually asked the lower court to expedite the bail hearings, which had been suspended due to the lockdown in Bihar.
At short notice, the lawyers representing the woman and two activists, Kalyani Badola and Tanmay Nivedita, both working with Jan Jagran Shakti Sangathan (JJSS), a non-profit organisation, were asked to attend a court hearing through video conference on July 17. The court granted bail to the survivor. Kalyani and Tanmay�s bail pleas were rejected.
Kamayani Swami from JJSS who had attended the hearing said that the public prosecutor had merely read out the FIR to oppose their bail application in the court. According to the FIR, the woman had requested that Kalyani be allowed to be by her side when her witness statement (under Section 164 of the Code of Criminal Procedure) was being recorded.
The FIR claims that the woman did not cooperate with the magistrate and had refused to sign the statement unless Kalyani and Tanmay had read what was written on it. The FIR also claims that the survivor had tried to �snatch� the papers from the investigating officer. All three have been accused of having been contemptuous towards the magistrate and the investigation officer.
While the JJSS activists have rubbished the claims made in the FIR, they pointed to the fact that the police have so far not done much in the actual case of the gang rape. �The woman was sexually assaulted by four persons and one person had abetted the crime. The police have only arrested the abettor, while the others are still at large,� said Sohini, who works with JJSS.
The woman was allegedly gang raped on July 6 and had approached JJSS activists to help in the legal fight. On July 7, upon completing her medical examination, her complaint was lodged. Kalyani, Tanmay and others from the organisation were closely monitoring the investigation in the rape incident. But suddenly, after the survivor�s arrest, focus had to be shifted into getting her and the other two out of jail.
The survivor, along with other two, have been lodged at Dalsinghsarai jail in Samastipur district � 250 km away from Araria.
Although the court ordered her release today, the order copy was not made available immediately. �We will have to wait until tomorrow [July 18] for the order and since the jail is so far away, we will have to make necessary arrangements to get there. The police have refused to help in this,� Swami said, further adding that the woman will have to spend at least a day more in jail.
As for Kalyani and Tanmay, the lawyers have decided to move sessions court. But since Bihar is under complete lockdown and work at the lower courts is completely suspended, they will have to wait until July 20 to challenge the order.
JJSS members have called the July 17 order unfair as the survivor and Kalyani have been accused of identical �crimes�.
There is no clarity on Tanmay�s role besides the fact that he had accompanied the survivor to the court. Tanmay is a transman and is presently lodged at the Dalsinghsarai women�s jail which was converted into a quarantine centre to accommodate women prisoners from all across Bihar.
�While they are both susceptible to infection, this incident has also exposed the structural injustices meted out to trans people in the criminal justice system,� Sohini said.
- Impact of Event
- 2
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- NGO staff
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Jul 9, 2020
- Event Description
The chairman of the Alyansa ng Mamamayan para sa Pagsusulong ng Karapatan-Bicol has been arrested at his house, human rights group Karapatan said on Thursday. Pastor Dan San Andres of the United Church of Christ in the Philippines (UCCP) was apprehended in his house in Sipocot, Camarines Sur on Thursday, according to Cristina Palabay, secretary general of Karapatan. The arrest of San Andres, 61, came on the heels of the arrest of Gabriela Bicolana chairman Jenelyn Nagrampa on July 7. Palabay said the two were accused of double murder in relation to an alleged New People�s Army ambush that resulted in the deaths of two soldiers in Ragay, Camarines Sur, on May 13, 2018. Nagrampa is currently a village councilor of San Isidro, Nabua, Camarines Sur, and the national vice chairman of Gabriela. �In a matter of days after the Anti-Terrorism Act was signed, the harassment of human rights defenders in the country has already visibly worsened, from policemen attempting to serve a moot arrest warrant to the arrests of activists on clearly falsified murder charges,� Palabay said in a statement. Nagrampa and San Andres have already filed their respective counter-affidavits last December 2019 where they vehemently denied participation in the alleged ambush. During the incident, San Andres was conducting a Mass in his parish in the UCCP Church South Centro in Sipocot, Camarines Sur, while Nagrampa was campaigning for the barangay (village) elections, Palabay said.
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- NGO staff, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Jul 9, 2020
- Event Description
On 9 July 2020, 13 WHRDs were summoned by the police after joining a peaceful gathering in Thailand.
- Impact of Event
- 13
- Gender of HRD
- Woman
- Violation
- Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline
- HRD
- WHRD
- Perpetrator-State
- Police
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Jul 8, 2020
- Event Description
Sharjeel Usmani, a student activist from Aligarh Muslim University, was arrested from his home at Azamgarh on Wednesday evening as the Uttar Pradesh police moved to turn the heat up on students and activists involved in protests against the Citizenship (Amendment) Act last December.
Usmani was picked up from his home town of Sidhari, Azamgarh. His brother said that at around 5 pm, five plainclothes people appeared at the doorstep of Usmani�s home, claiming to be from the crime branch. Asked why they were there, one of the men said, �You don�t need to know. Sharjeel knows why we�re here�, he said, pointing to Usmani, who was along with them, hands tied and head down. He had already been arrested when he was out drinking tea.
Without showing any identification, they demanded to see Usmani�s room. �They confiscated his laptop, all his books, and a solitary set of clothes. Each of us was made to stand and be photographed, stating our relation to him�, Usmani�s brother Areeb said. He also said no female officer was present, even though there were women, such as Usmani�s maternal aunt, who were also compelled to get themselves photographed.
�I refuse to believe it is an arrest. They did not tell us what charges were being pressed, they did not allow us to have any conversation with him�, said Sharjeel�s father, Tariq Usmani.
�As a parent, and more importantly, as citizens, we have the right to know�, said Sharjeel�s mother, Seema Usmani, almost in tears.
Aligarh police officer confirms arrest
While the Azamgarh police has made no formal statement about the arrest, Amar Ujala, quoting the district�s additional SP (crime) Arvind Kumar, has reported that the arrest was made by the anti-terrorism squad (ATS) of the Lucknow police and relates to the case filed in Aligarh last December.
Usmani was one of those who led protests against the CAA-NRC-NPR at AMU inside the campus. The police allege that the students threw stones and refused to disperse, claiming that 19 policemen were injured in the fray, after which they entered the campus with the university administration�s permission.
On their part, the students contest the police claim and say they were attacked inside the campus by the police which forcibly entered. A fact-finding report produced by a team led by Harsh Mander and Professor Chaman Lal has corroborated this claim, and accused the police of severe brutality, especially inside the Morrison Boys� Hostel, and said around 100 students were injured, at least 20 severely.
The FIR registered by the police named Usmani and several other current and former AMU students. They were accused of offences under various sections of the IPC, including 307 (attempt to murder), as also 147 (rioting), 148, 149, 153, 188, 189, 332, 336, 504, 506, section 7 of the Criminal Law Amendment Act, and Section 3 of the Prevention of Damage to Public Property Act.
Recently, the police have also filed a chargesheet, or final report, in the matter, which means the case will now go to trial.
Before he was picked up himself, Usmani had been a vocal critic of the targeting of other anti-CAA activists and students including Sharjeel Imam, Safoora Zargar, Umar Khalid, Aasif Iqbal Tanha, Chandrashekhar Ravan and Meeran Haider, who had been arrested under various acts such as NSA, UAPA, Goonda Act, and Sedition (IPC 124A).
He has been a contributor to news websites like Firstpost, DailyO and Newslaundry on issues relating to governance, democracy and minority rights.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Raid
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Jul 7, 2020
- Event Description
On July 7, the People�s Court of Lam Dong province convicted local Facebooker Nguyen Quoc Duc Vuong of �Making, storing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam� under Article 117 of the country�s Criminal Code, Defend the Defenders has learned.
During the short first-instance hearing lasting only a few hours, the court sentenced him to eight years in prison and three years of probation for using his Facebook account V??ng Nguy?n to conduct 98 video live streams and posted 366 status updates, amounting to content that distorts the regime and defames the communist leadership.
Nguyen Quoc Doanh, an older brother of Vuong, said the local authorities sent uniformed policemen and plainclothes agents to the areas near his family several days prior to the trial date in order to block the family�s members to attend the hearing. So Vuong�s family has learned about the court�s decision from his lawyer�s SMS.
In recent time, prior to the trial, authorities in the Central Highlands province of Lam Dong said there are increasing activities of reactionary forces in the locality while the ruling party is preparing for its local and National Congress slated for January next year, so they would punish Mr. Vuong hardly to silence others. And the outcome of the trial has proved it.
Mr. Vuong, born in 1991, was arrested on September 23, 2019. He was kept incommunicado during the investigation period and was permitted to meet his lawyer Nguyen Van Mieng nearly a month before the trial to prepare for his defense.
Vuong is a human rights activist. He participated in the mass demonstration in Ho Chi Minh City on June 10, 2018 in which tens of thousands of people from different social groups rallied on streets to protest two bills on Special Economic Zones and Cyber Security. He was detained and fined VND750,000 ($32) before being released.
So far this year, the communist regime has sentenced seven activists to total 26 years in prison and six years of probation. Two other Facebookers Nguyen Van Nghiem and Phan Cong Hai were sentenced to six and five years, respectively, also under the allegation of �conducting anti-state propaganda� under Article 117 of the Criminal Code. Two other Facebookers named Chung Hoang Chuong and Ma Phung Ngoc Phu were convicted of �abusing democratic freedom� under Article 331 and sentenced to 18 months and nine months in jail, respectively.
As many as 12 other activists, including prominent journalists Pham Chi Dung and Nguyen Tuong Thuy, the president and the vice president of the unregistered Independent Journalists Association of Vietnam, are held and investigated on the same accusation.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Online, Right to fair trial, Right to liberty and security
- HRD
- Blogger/ Social Media Activist
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Jun 29, 2020
- Event Description
West Bengal authorities must immediately release journalists Suraj Ali Khan and Safikul Islam, as well as Islam�s wife, Alima Khatun, and drop all the charges against them and investigations into their work, the Committee to Protect Journalists said today.
At about 3 a.m. on June 29, police arrested Khan and Islam at Islam�s home in Arambagh, in the Hoogly district of West Bengal, for alleged extortion, and also arrested Khatun, their lawyers, Pintu Karar and Samim Ahammed, told CPJ over the phone.
Khan works as a reporter and Islam as an editor and owner at Arambagh TV, a news channel on YouTube that has about 130,000 followers, their lawyers said. Police also detained Islam and Khatun�s two children during the arrests, but later released them, Ahammed said. CPJ could not determine on what grounds police were holding Khatun.
The journalists� arrests were prompted by a complaint filed just after midnight on June 29 by a local resident, whose name was not disclosed, who alleged that Islam and Khan had photographed him cutting down a tree on government land, a criminal offense, on March 16, and then extorted money from him in exchange for not publishing the image, Ahammed said.
The journalists� lawyers told CPJ that they believe the arrests were actually retaliation for Islam and Khan�s reporting on alleged corruption in government funds distributed to private clubs amid the COVID-19 pandemic.
�The arrests of Arambagh TV editor Safikul Islam and reporter Suraj Ali Khan, as well as of Islam�s wife, are clear attempts to intimidate the journalists and force them to stop their critical reporting,� said Aliya Iftikhar, CPJ�s senior Asia researcher, in New York. �The three should be released immediately and all investigations into them dropped. West Bengal police must cease harassing journalists for their work.�
Karar and Ahammed told CPJ that they have moved their case to the state High Court after a lower court refused to grant bail, and said the next hearing is set for tomorrow.
If charged and convicted with extortion, the journalists could face up to three years in jail and a fine set by a judge, according to the Indian penal code.
According to documents reviewed by CPJ, the West Bengal police have also opened five other investigations into Islam and Khan in recent months. In two cases opened on April 28 and others opened on May 6, 13, and 14, police have investigated the journalists for alleged cheating, forgery, defamation, public mischief, criminal conspiracy, wrongful restraint, provocation that will break public peace, criminal intimidation, disobeying a public servant, obstructing a public servant in discharge of public functions, causing grievous harm to a deter public servant from his duty, and assault or criminal force to deter a public servant from the discharge of his duty, according to those documents.
Police are also investigating Khan and Islam for allegedly violating sections of the Disaster Management Law, which was invoked in March due to the COVID-19 pandemic, and for making false statements and printing or publishing news without conforming to rules under the Press and Registration of Books Law, according to those documents.
On June 2, the Calcutta High Court instructed the police not to take any coercive action against Islam or Khan in relation to the investigations, as the journalists assured the court that they would cooperate with authorities and would be physically present at the police station whenever summoned for questioning, according to Karar.
Islam and Khan followed the court�s instructions and appeared before the Arambagh police for questioning on June 10, Karar said.
CPJ emailed Hooghly Rural Superintendent of Police Tathagata Basu, who oversees the police responsible for the journalists� arrests, for comment, but did not receive any reply. In a press conference held on July 4, Basu denied wrongdoing on the part of police and claimed that Islam was being investigated for fraud and that Arambagh TV was run illegally, without government permission.
Ahammed told CPJ that no regulatory permission is required under Indian law to run an internet-based news outlet.
Previously, in early May, Arambagh TV posted two videos in which Islam and Khatun separately claimed that mobs of 30 to 40 people had surrounded their homes and threatened them over their coverage.
In June, the West Bengal police opened an investigation into the editor of Bengali-daily Anandabazaar Patrika following a complaint from a senior bureaucrat over the newspaper�s coverage of the COVID-19 pandemic, as CPJ documented at the time.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Online, Right to liberty and security
- HRD
- Family of HRD, Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Jun 26, 2020
- Event Description
Police arrested at least 20 people at the Pride March in Mendiola, Manila, on Friday, June 26.
Ten members of LGBTQ+ rights group Bahaghari, 8 from other progressive groups, and two drivers have been detained at the Manila Police District.
They were being charged with disobedience of person in authority in relation to Republic Act 11332, otherwise known as the Law on Reporting of Communicable Diseases, and Batas Pambansa 880, otherwise known as Public Assembly Act.
The protesters were observing physical distancing and other health protocols when the police arrived to disperse them.
The police did not cite any violations while arresting the protesters and only told them, "Nasa batas iyan na bawal iyan (It's in the law that it's prohibited)," without citing any specific law.
Prior to the the "grand mananita� themed indignation rally on Philippine Independence Day, June 12, human right lawyers had stressed that the Bayanihan To Heal As One Act as well as the public health law, Republic Act No. 11332 or the Mandatory Reporting of Notifiable Diseases Act, do not prohibit rallies.
At 10 am on Friday, the group marched from Morayta and held a program near the Mendiola Peace Arch to �resist [President Rodrigo] Duterte�s tyranny.�
The Bahaghari-led protest was held to celebrate Pride month and to oppose the anti-terrorism bill.
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Bahaghari spokesperson Rey Valmores-Salinas argued, while being taken away, that they were just excercising their rights.
Salinas, who was among those arrested, said the program was peaceful.
�Hinuli man kami ngayon, walang pandemiya, walang lockdown, at mas lalong walang mga pasistang baboy ang makapipigil ng pagsinag ng Bahaghari (We may have been arrested now but no pandemic, lockdown, or facsist pigs could stop us from making Bahaghari shine)," Salinas, who was already onboard the police vehicle, added.
According to human rights group Karapatan, �queers have the right to protest, speak out, and to take action against a draconian terror law that will impact on citizens� rights.�
�We call on PNP to #FreePride20! To all members of the LGBTQ community and our allies, your support is very important. Let us show them that Pride is not just about the colors that we wear, it is about our love, our solidarity for those who fight for our humanity,� said Karapatan secretary-general Cristina Palabay.
A video posted by Karapatan paralegel officer Jon Callueng showed that the police also attempted to arrest an intern at independent news group Manila Today, who was mistaken as a protester.
This is not the first time for police to arrest protesters during the pandemic, even if they did not violate quarantine rules.
- Impact of Event
- 18
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Freedom of association, Freedom of movement, Offline, Right to liberty and security, SOGI rights
- HRD
- NGO staff, SOGI rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Malaysia
- Initial Date
- Jun 26, 2020
- Event Description
Boo Su-Lyn, editor-in-chief of health news portal CodeBlue, has been summoned by the police for investigation under the Penal Code following the publication of four articles based on findings from an inquiry into a fatal hospital fire in Johor Baru in 2016. The International Federation of Journalists (IFJ) urges authorities to stop this intimidation and drop their investigation.
In early March 2020, CodeBlue published a series of four articles highlighting the findings of an independent inquiry into a 2016 fire which claimed the lives of six patients. In line with the inquiry�s damning findings, the articles point out that hospital staff were unprepared, that for over a decade the Sultanah Aminah Hospital (HSA) did not have a fire certificate, the hospital�s fire extinguishers were faulty and Medivest Sdn Bhd, which has the operating contract for the hospital, had taken out insufficient insurance cover, The inquiry was conducted by a seven-member committee led by former Court of Appeal Judge Mohd Hishamudin Yunus.
Kuala Lumpur police chief Mazlan Lazim confirmed that Boo is being investigated under Section 203A of the Penal Code which criminalises the disclosure of information. Police questioned her on June 26 at the Putrajaya district police headquarters.
Boo is the second journalist to be questioned by Malaysian police this year in the course of carrying out their duties, over reports deemed critical of the government or its policies. Previously, South China Morning Post correspondent, Tashny Sukumaran was questioned on May 6 in connection with an immigration raid at a Covid-19 red zone where migrant workers live in Kuala Lumpur.
Various human rights organisations and media freedom defenders have raised concerns of persecution of media workers in Malaysia including those investigated under the controversial penal code.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community), Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Online
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Jun 24, 2020
- Event Description
Human rights lawyer Chen Jiahong (???) (aka Chen Wendan, ???), was put on trial in a closed-door hearing on �inciting subversion� charges at the Yulin City Intermediate Court, Guangxi Zhuang Autonomous Region, on June 24. It�s unclear whether Mr. Chen had legal representation during the trial, as he had been pressured to fire the lawyers of his choice in March after telling one he had been mistreated in detention. The trial came more than one year after he was taken into custody. The charges against him have been linked to his online speech critical of the government, his condemnation of the abolition of presidential term limits, as well as his pro-democracy views. Mr. Chen had been held at the Yulin City Detention Center.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial
- HRD
- Media Worker
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Jun 24, 2020
- Event Description
The Suzhou Intermediate Court in Jiangsu Province sentenced human rights defender Ge Jueping (???) to 4.5 years in jail on �inciting subversion of state power� charges on June 24. Mr. Ge has already been subjected to a 3-year and 8-month prolonged pre-trial detention, including being put under �residential surveillance in a designated location.� His trial took place more than a year ago on May 13, 2019. Mr. Ge, who suffers from serious illnesses, including hypertension, heart palpitations, parotid gland cancer, has not received proper medical treatment at the detention center.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Right to health, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Jun 24, 2020
- Event Description
Authorities in the central Chinese province of Hunan have secretly indicted the "Changsha Three" non-governmental organization (NGO) workers, family members and rights groups said.
Cheng Yuan, Liu Dazhi, and Wuge Jianxiong were indicted in secret for "subversion of state power" by prosecutors in Hunan's provincial capital, Changsha, on June 24.
The three were detained last year, as they worked for a non-government group called Changsha Funeng.
Cheng Yuan's wife Shi Minglei learned of the charges only after calling the Changsha Procuratorate for an update on July 10, the overseas-based Chinese Human Rights Defenders (CHRD) network said in an e-mail.
Shi was informed that the indictments had been issued and the case transferred to the Changsha Intermediate People's Court to await trial, it said.
The move came after the firing of six defense attorneys and the three Changsha Funeng staff in March.
"[Cheng, Liu and Wuge] have not received a single visit from their family-hired attorneys since being taken into custody on July 22, 2019 nor allowed any communication with their families," CHRD said.
They are being currently being held at the Kaifu District Detention Center in Changsha, it said.
Shi told RFA on Friday that the case against her husband and his co-defendants had been marked by procedural violations, and was akin to an extrajudicial procedure.
"This case hasn't gone through the system in the usual way at all," she said. "It is dithering about outside of the system."
"We have tried to get in touch with the judge, Zhao Zhe, and we have called his office number, but nobody ever picks up," Shi said. "When we went to the detention center, we unexpectedly ran into a government-appointed defense attorney."
Pressure to 'confess'
Authorities in China have repeatedly put pressure on political prisoners to accept government-appointed lawyers, and to achieve a more lenient sentence by "confessing" to the charges against them.
In some cases, they have issued letters "firing" the defense attorneys hired by their families.
"So I called the government-appointed lawyer, and they said that the pretrial meeting had already happened," Shi said. "I think this means that they're going to go ahead with a secret trial very soon, maybe next week."
"The so-called government lawyer had no independence to speak of," she said, adding that non-government lawyers had been reluctant to take on the case. "So I really don't expect a proper defense."
Human rights and political cases can lead to trouble for law firms and the suspension of lawyers' licenses to practice.
Changsha Funeng founder Yang Zhanqing, who is now in the U.S., said the Changsha Three were detained as part of a general crackdown on the organization.
"Cheng, Liu, and Wuge had been very low profile, and very rarely made any kind of public comment on their work," Yang said. "They even tried to minimize police harassment by doing all of their legal advocacy work in an individual capacity."
"They never spoke on behalf of Changsha Funeng."
Yang said the main reason the authorities had targeted the three men was the fact that their rights work had received overseas funding, which the ruling Chinese Communist Party regards as "collusion with hostile foreign forces," and a threat to its national security.
- Impact of Event
- 3
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to healthy and safe environment
- HRD
- NGO staff
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Jun 24, 2020
- Event Description
On June 24, Vietnam�s security forces violently detained Hanoi-based four activists for their voicing to support land petitioners in Dong Tam commune, Hoai Duc district who were brutally suppressed by the communist regime in January this year.
According to a short video clip made by human rights defender Trinh Ba Phuong, a large number of uniformed and plainclothes policemen gathered near his private residence in the early hours of Wednesday. At around 5.30 am, police cut Internet connection in the area and used pliers to cut his house�s lock to break in and arrest him in the front of his wife who gave the birth of their second child four days ago.
Phuong�s mother, former prisoner of conscience Can Thi Theu and his younger brother Trinh Ba Tu were also detained by the police. Theu, who was imprisoned twice a total 35 months for objecting land grabbing, was arrested while staying in her daughter�s house in the northern province of Hoa Binh while Tu was detained in their agricultural field in the province.
Land petitioner and human rights defender Nguyen Thi Tam was the fourth victim of Vietnam�s persecution today. She was kidnaped by security forces while going to a local wet market. She was taken away while the police came to her private residence in Duong Noi village for house searching.
According to their families, the detainees as well as some of their relatives were beaten by police officers during their detention and house search, during which police confiscated a computer set and four cell phones from Mrs. Tam�s house and cell phones from Mrs. Theu and her sons. Police also informed that they also found some books printed by the unsanctioned publisher Liberal Publishing House led by prominent human rights defender and political blogger Pham Doan Trang in Mrs. Theu�s family houses.
All of them from Duong Noi village, Ha Dong district, Hanoi where the city�s authorities seized their agricultural land without paying adequate compensation. Theu and her husband Trinh Ba Khiem as well as Phuong, Tu, and Tam were active fighters for their land although they failed.
Later, the state-controlled media reported that all of them were charged with �conducting anti-state propaganda� under Article 117 of the Criminal Code with the imprisonment of between seven and 12 years in prison but maybe up to 20 years in jail. While Mr. Phuong and Mrs. Tam are held in the Temporary detention center No. 1 (Hoa Lo) under the authority of the Hanoi Police Department, Mrs. Theu and her son Mr. Tu are kept in the temporary detention center under the authority of Hoa Binh province�s Police Department. All of them will be held incommunicado during the investigation period which will last four months at least and may be extended to more than two years.
The detentions are likely related to the brutal massacre on January 9 when the Ministry of Public Security deployed thousands of riot policemen to Dong Tam commune to attack Hoanh villagers. Police killed 84-year-old communist member Le Dinh Kinh, the spiritual leader of the local land petitioners, and arrested nearly 30 people, including his two sons and two grandchildren.
Police said during the attack, three police officers were killed and blamed the local petitioners for their death although there are no solid shreds of evidence for their deaths and even no traces of their bodies.
In its investigation report released recently, the Hanoi Police Department proposed 25 detainees be prosecuted of murders and four others of �resisting on-duty state officials.�
Since the land dispute in Dong Tam commune started in 2017, the four activists have provided strong support for the local petitioners. Right after the massacre in early January this year, Phuong and Tam kept updating their posts about the case on their Facebook accounts. Phuong also met with US diplomat in Hanoi to report the case.
Two days after detaining the four activists, authorities in Hanoi publicized the indictments against 29 Dong Tam land petitioners, paving the way for the city�s People�s Court to hold the first-trial against them. Hard sentences are expected for them. Some sources that they have a plan to impose the death penalty for four of the defendants and lengthy sentences for the remaining.
Tam is a well-known strong woman in Duong Noi. She often criticized Hanoi police for persecuting her. In recent weeks, she made a number of online surveys about the communist regime�s policies and its senior officials.
It is worth noting that Facebooker Chung Hoang Chuong has convicted of �abusing democratic freedom� and sentenced to 18 months in prison for disseminating information about the police�s massacre in Dong Tam.
Along with recent detentions across the country, the arrests on Wednesday prove that the communist regime will apply all measures to crack down on the local dissent in a bid to ensure a �stable environment� for preparation of the 13th National Congress of the ruling Communist Party of Vietnam. It is likely that the police generals want to show their power after dozens of police and army generals have been imprisoned for fired for economic wrongdoings.
- Impact of Event
- 5
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Abduction/Kidnapping, Judicial Harassment, Raid, Use of Excessive Force, Violence (physical)
- Rights Concerned
- Land rights, Right to healthy and safe environment, Right to liberty and security
- HRD
- Family of HRD, Land rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Jun 23, 2020
- Event Description
On June 23, the People�s Court of Vietnam�s northern province of Hoa Binh convicted local resident Nguyen Van Nghiem of �Making, storing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam� under Article 117 of the country�s Criminal Code.
At the end of the first-instance hearing which lasted a few hours, the court sentenced the 57-year-old barber to six years in prison, Defend the Defenders has learned.
In an open trial, only the defendant�s wife was permitted to enter the courtroom while his friends and supporters were barred from observing the trial inside.
The defendant had no legal assistance although his wife had signed a contract with Hanoi-based attorney Ha Huy Son. It is likely Nghiem got pressured from the police to deny legal counseling.
Nghiem was arrested on November 5 last year over his posts on Facebook regarding issues such as human rights violations, systemic corruption, widespread environmental pollution and China�s violations of the country�s sovereignty in the East Sea (South China Sea) and the weak response of Vietnam�s communist regime. He also conducted many live streams on his Facebook account Nghiem Nguyen on which criticized the communist regime and its leaders for their failure to deal with these problems.
So far this year, Vietnam has tried activists, four of them were convicted between nine months and six years for their posts on Facebook. In addition, hundreds of Facebookers have been fined up to VND15 million ($680) for their Facebook posts which were considered fake or untrue by the communist authorities, especially about the Covid-19 pandemic.
Vietnam�s communist regime is holding at least 280 prisoners of conscience, according to the latest statistics of Defend the Defenders. More arrests are expected by the end of this year as the ruling Communist Party of Vietnam is preparing its 13th National Congress slated in January 2021.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial
- HRD
- Blogger/ Social Media Activist
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Jun 23, 2020
- Event Description
The local court denied the motion filed by lawyers of Tacloban community journalist Frenchie Mae Cumpio and two human rights defenders during the first hearing, June 23.
Judge Georgina Perez of Tacloban Regional Trial Court Branch 45 junked the omnibus motion to quash information, to quash issued search warrant, suppress evidence and return seized items not included in the search warrant.
Cumpio, executive director of online media outfit Eastern Vista; Marielle Domequil, staffer of the Rural Missionaries of the Philippines (RMP) � Eastern Visayas; and, Alexander Abinguna of Katungod Sinirangang Bisaya, the local chapter of Karapatan in the region, are charged with illegal possession of firearms and explosives. They were arrested along with two others following the February 7 simultaneous raids of Eastern Vista office and joint offices of Bayan-Eastern Visayas and Alliance of Peasants in Eastern Visayas in Tacloban City.
The two others � Marissa Cabaljao of People�s Surge and Mira Legion of Bayan-EV � were charged with illegal possession of firearms and allowed to post bail in February. Cumpio,Domequil and Abigunia remain detained in Tacloban City Jail.
Altermidya, of which Eastern Vista is a member, lamented the court�s decision. �We fear that with this development, the motion to dismiss Frenchie Mae�s case and the other motions filed by her lawyers will also yield an unfavorable ruling,� Altermidya National Coordinator Rhea Padilla told Bulatlat.
�Our call to drop all charges against Frenchie Mae and to immediately release her is now more urgent than ever,� Padilla added.
�To detain our colleague Frenchie Mae for over four months is already a grave travesty and mockery of Philippine democracy. At a time when volunteer human rights defenders and community journalists are needed as frontliners to observe, report, and extend support to their communities in the arduous battle against COVID-19, the spurious charges that locked them up resulted in great disservice to the people. How many stories of the marginalized and underrepresented remain unreported because Frenchie Mae�was not able to perform her duties due to her incarceration?� Padilla said further.
A fact-finding mission in February revealed that the evidence were planted, with guns and ammunition allegedly recovered under the beds and under the tables. A witness said the raiding teams forced all people in both offices to head outside and made them lie on the ground at gunpoint. Members of the raiding team then went inside both offices unaccompanied by any witness, as required by the law, and stayed inside for about 10 minutes.
It was only about 45 or so minutes into the raid were members of the barangay council appeared in the scene to serve as witnesses. It was only when the search party and the barangay officials entered the offices this time around were the guns, ammunition, and explosives were found on top of beds and tables.
Padilla called on fellow journalists and the public to continue demanding Frenchie Mae�s freedom and �resist all attempts to silence critical media and truth-tellers.�
The National Union of Journalists of the Philippines (NUJP), College Editors Guild of the Philippines as well as international groups Committee to Protect Journalists, International Association of Women in Radio and Television and AMARC (World Association of Community Radio Broadcasters) have issued statements calling for the immediate release of Cumpio.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial
- HRD
- Media Worker, NGO staff
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Jun 22, 2020
- Event Description
Reacting to news that a court in Almaty sentenced prisoner of conscience Alnur Ilyashev, a human rights activist, to three years of restricted freedom and a ban on political and civic activism for five years for criticizing the government�s handling of COVID-19, Heather McGill, Amnesty International�s Central Asia Researcher, said:
�The Kazakhstani authorities have shamelessly exploited the state of emergency that was called to deal with the COVID-19 pandemic to clamp down on voices of dissent. Alnur Ilyashev has committed no crime. He has only expressed his opinions peacefully which the authorities and their �experts� have portrayed as a criminal act and severely penalized.
�Alnur Ilyashev�s sentencing under absurd charges is a clear sign that it is business as usual in Kazakhstan and no independent voices will be permitted to criticize the government�s policies and actions. Any violation of the terms of the sentence will mean that Alnur Ilyashev will be imprisoned. On hearing the verdict, he asked to remain in prison.�
On 22 June, the Medeu District Court No. 2 of Almaty (Southern Kazakhstan) found Alnur Ilyashev guilty of the �dissemination of knowingly false information that threatens public order during the state of emergency� and sentenced him to restricted freedom (a form of non-custodial sentence) for three years and banned him from �voluntary political and social activism� for five years.
Under the conditions of restricted freedom, he will be required to report to a probation officer regularly and cannot leave his city of residence or employment without permission from the authorities. He was released during the court hearing.
Alnur Ilyashev was detained on 17 April over social media posts alleging that the authorities in Kazakhstan, including the ruling Nur Otan party, were corrupt and incompetent in their handling of COVID-19, among other things. During the trial, prosecution witnesses called as experts claimed that Alnur Ilyashev�s posts would cause the public �to be alarmed.�
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment, Restrictions on Movement
- Rights Concerned
- #COVID-19, Freedom of movement, Right to liberty and security, Right to political participation
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Jun 21, 2020
- Event Description
China's state security police have formally arrested dissident Xu Zhiyong for subversion after he called publicly on President Xi Jinping to resign.
Xu, who has already served jail time for his spearheading of the New Citizens' Movement anti-corruption campaign, penned an open letter to Xi while in hiding following a gathering of pro-democracy activists and lawyers in December 2019, calling on him to step down.
He is currently being held incommunicado in "residential surveillance at a designated location" (RSDL) pending the completion of the investigation.
RSDL allows police to hold anyone they say is suspected of crimes linked to national security without contact with family or a lawyer for up to six months.
Xu is currently being investigated for "incitement to subvert state power by a team of state security police based in the eastern province of Shandong that has been pursuing a number of participants in December's gathering in the southeastern port city of Xiamen.
Human rights lawyer Ding Jiaxi is a co-defendant in the same case, RFA has learned.
Xu Zhiyong's sister was notified by the Shandong police on June 20 that Xu had been formally arrested, but his location remains unknown.
Xu Zhiyong's friend and independent documentary director Hua Ze meanwhile said the "meeting" was merely a gathering of friends.
"The police are treating this as if it is a big case, and claiming that there is an organization at work, but actually it was just a group of friends getting together," Hua said.
"They were just talking about how to help some of the current [detained activists'] cases, and follow up on them," she said.
Liu Jiacai, a rights activist from the Yangtze river city of Yichang who is often targeted by state security police, said he is currently safe at home after being taken out of town for the sensitive June 4 anniversary of the Tiananmen massacre.
"Xu had written a lot of articles since the start of the coronavirus pandemic," Liu said. "Anyone who attended the Xiamen gathering is now being suppressed by the authorities, and many people no longer dare to speak out."
"But Xu kept insisting on speaking up ... I feel bad that he was detained, as his friend and fellow activist," he said.
Liu said the Xiamen gathering was a meeting of like-minded friends who discussed social phenomena and China's future.
"We did not violate the Constitution or the current laws of China, but the authorities have persecuted us anyway," he said.
Fears over possible torture
Ding Jiaxi�s wife Luo Shengchun says she fears her husband, who is also being held under RDSL detention, may be being tortured.
"My sense is that he is being subjected to torture," Luo told RFA. "The people who came out [after being interrogated as part of the investigation] wouldn't talk about it; they had been silenced."
"This is clearly about framing Ding Jiaxi; they haven't been able to find any evidence of criminal behavior, but they will keep on finding excuses to keep him in detention because he refuses to plead guilty," she said.
Luo said she is certain that Ding Jiaxi will never cave in to police pressure to "confess" to the charges against him.
"This is a red line for him, because he is innocent," Luo said. "They came before to try to persuade him, and he told them they should be trying to persuade the bad guys not to do bad things, not trying to persuade the good guys not to do good things."
Writers' group PEN America, which recently honored Xu with the PEN/Barbey Freedom to Write Award, on Monday condemned Xu's formal arrest.
"Xu Zhiyong is under arrest for criticizing the government, plain and simple," PEN CEO Suzanne Nossel said in a statement. "By proceeding with these meritless charges of �subversion,� the government is using the law as a tool to legitimize its suppression of dissidents. But criticisms are not crimes, no matter how much Beijing insists otherwise."
She added: "We have zero confidence that Xu will receive a fair trial. We insist that the government drop these absurd and abusive criminal charges against him, and acknowledge his right to express his ideas and opinions without fear of a jail cell."
Critical flaws in proposed resolution
The news of Xu's formal arrest emerged as the United Nations Human Rights Council (HRC) held a brief debate in Geneva on June 22 over a draft resolution presented by China, raising "serious concerns" about the future of the Human Rights Council and, more broadly, the multilateral UN human rights system, rights groups said.
The overseas-based Chinese Human Rights Defenders (CHRD) network said there were "critical flaws" in the resolution, which would limit the council's ability to hold member states to account for human rights violations.
"The draft resolution, once put into effect, would codify language directly taken from Chinese Communist Party propaganda � namely, China�s promotion for a �shared community of future� modeled on its authoritarian governance at home � and its attempt to silence criticisms of rights abuses in the Human Rights Council platforms," the group said in a statement.
Xu had also penned a New Year's message to China's citizens in 2020, calling on them to think about whether they want to carry on with an authoritarian government or movement towards democratic constitutionalism, an idea that President Xi has said has no place in his vision for China.
Dozens of people linked in some way to the New Citizens' Movement group have been detained and jailed in recent years.
Xu was handed a four-year jail term in January 2014 on public order charges after staging a street protest calling for greater transparency from the country's richest and most powerful people.
Ding Jiaxi, who has previously served jail time for calling on top officials of the ruling Chinese Communist Party to reveal details of their wealth, was stopped by police at Beijing International Airport in May 2018, as he tried to board a plane to visit his wife and daughter in the U.S.
He was also among more than 300 rights attorneys, law firm staff, and associated activists detained, questioned, and subjected to surveillance and travel bans amid a nationwide crackdown since 2015.
Ding was earlier detained in April 2013 and handed a three-and-a-half year jail term a year later by Beijing's Haidian District People's Court for �gathering a crowd to disrupt public order,� after he called publicly on Chinese officials to reveal details of their wealth, as part of the New Citizens� Movement.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- Jun 21, 2020
- Event Description
Myanmar police have charged six activists who participated in protests against a year-long government-ordered internet service shutdown in Myanmar�s conflict-ridden Rakhine state, accusing them of violating the country�s peaceful assembly law.
Five of the activists are from Yangon-based Athan, a freedom of expression advocacy group. They were taken into custody for denouncing the internet ban by hanging posters on an overpass in downtown Yangon on June 21, questioning whether the ban was intended to cover up possible atrocities committed by the Myanmar military in the conflict zone.
Myo Min Tun, an activist from the Ramree Township Youth Network in Rakhine state, also was charged for participating in a protest in Ramree town on the same day. A group of young people wearing T-shirts saying �Oppose Internet Oppression� demanded the restoration of internet access, according to photos the group posted on Facebook.
All six activists have been charged under Section 19 of the Peaceful Assembly and Peaceful Procession Law, which entails criminal liability for organizing or participating in an assembly for which notice has not been given to local officials.
Rights groups have criticized the statute as incompatible with democracy, saying its provisions are vaguely written and could be used arbitrarily to restrict freedom of expression. They also point to the law's inclusion of prison sentences for peaceful protests.
Ye Wai Phyo Aung, an Athan cofounder, said police informed the group that five of its members, including executive director Maung Saungkha, had been charged, but provided no details or the identities of the others arrested.
�They have filed the charges for the protests at the Sule overpass downtown,� he told RFA. �They displayed posters and banners to protest against the internet shutdown.�
Pe Than, a lawmaker from Rakhine�s Myebon township, said the internet service blackout has hurt residents. He has appealed to the government to lift the ban.
�There have been several losses for the local people in terms of education, health, and social and government administration,� he said.
�It has also intensified the spread of fake news, rights violations, and war crimes,� he added, referring to the growing state of lawlessness in the conflict zones. �The local people are paying the price.�
The internet shutdown originally was imposed in June 2019 in eight townships in Rakhine sate and in Chin state�s Paletwa township amid intensifying clashes between government forces and the rebel Arakan Army (AA). Authorities later lifted the restriction in Rakhine�s Maungdaw township.
The 18-month-long conflict that has killed 260 civilians and displaced more than 160,000 others.
The government has extended the ban until Aug. 1, saying it will lift it when the region is secure.
Myanmar military spokesman Brigadier General Zaw Min Tun said Tuesday that the internet shutdown in the remaining townships must remain in place to prevent the leakage of army information and the spread of hate speech on social media.
Rights groups and foreign diplomats in Myanmar have called on officials to reinstate the service, arguing that the cutoff has prevented civilians from accessing information about COVID-19 and from contacting humanitarian aid groups.
- Impact of Event
- 6
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- NGO staff, Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Cambodia
- Initial Date
- Jun 19, 2020
- Event Description
Phnom Penh Municipal Court on Friday convicted and sentenced in absentia the activist Kong Raiya to two years in prison. However, he will only serve four months and 18 days. This is over the sale of t-shirts bearing the images and quotes of slain political analyst Kem Ley in July last year. Raiya has already served more than four months in pre-trial detention.
Judge Ouk Reth Kunthea said Raiya, 28, was charged with �incitement to commit a felony and committing a misdemeanor� under Articles 494, 495 and 88 of the Criminal Code.
�The court convicts and sentences Kong Raiya to two years in prison. But he will only serve four months and 18 days prison time. The rest of his sentence will be suspended. He is now out on bail,� Judge Kunthea said.
Raiya was arrested on July 9 last year after he urged activists to participate in marking the death anniversary of Mr Ley which was banned by City Hall. He also put up t-shirts for sale on Facebook.
On the t-shirts Raiya wrote �If you do nothing, you will be victimised. It is just not your turn yet,� quoting Mr Ley.
He was released on bail from Prey Sar prison on November 29 last year.
Mr Raiya could not be reached for comment yesterday.
Mr Sam Sokong, Raiya�s lawyer, said yesterday the judgment was unjust because his client only wanted to sell t-shirts, not call for a change of government.
He said his client did not incite anyone to commit a crime. He only printed Mr Ley�s quotes and portrait on t-shirts based on freedom of expression guaranteed by the Constitution of the Kingdom of Cambodia.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Jun 19, 2020
- Event Description
Authorities in Shanghai have formally arrested a lawyer-turned-citizen journalist who reported on the emerging coronavirus epidemic in the central Chinese city of Wuhan.
Zhang Zhan, who lives in Shanghai but who traveled to Wuhan in early February, was taken away from Wuhan's Caiguang Hotel near Hankou railway station on the night of May 14.
She was held by police near her home in Shanghai's Pudong district on suspicion of "picking quarrels and stirring up trouble," a charge frequently used to target peaceful critics of the ruling Chinese Communist Party.
Zhang was then formally arrested on that charge on June 19 on the orders of the Pudong state prosecutor, RFA has learned. She is currently being held in the Pudong Detention Center.
Repeated calls to Zhang's mother rang unanswered on Monday.
But a friend of Zhang's surnamed Zhu said she had denied the charges when she met with her defense attorney two weeks earlier.
"Zhang Zhan has been formally arrested for picking quarrels and stirring up trouble," Zhu said. "Shortly after Zhang Zhan was detained, a lawyer went to Pudong Detention Center to meet with her, and she told him she was pleading not guilty."
Zhu said Zhang's mother had received a notification of her daughter's arrest, but was too frightened to talk to journalists following heavy pressure from state security police, and hadn't publicized the arrest details.
Zhu said her friend had traveled to Wuhan after lockdown began purely to report on the situation there.
"She found a way to get into Wuhan after the city was locked down," Zhu said. "That was such a big risk to take; she has an extraordinary spirit not available to most people, to the extent that she was willing to risk arrest, and even her life."
'She is very strong-minded'
An overseas-based friend of Zhang's surnamed Lang said he was sad to learn of her arrest.
"I had been expecting it, though, because this isn't her first rodeo," he said. "She was previously detained for supporting the anti-extradition movement [in Hong Kong]."
"I am worried about her, because she is a practicing Christian with a strong tendency towards martyrdom," he said. "She is very strong-minded."
Zhang, 40, was detained by police in Shanghai in September 2019 for holding up an umbrella in solidarity with the Hong Kong pro-democracy movement on the streets of Shanghai, and demanding an end to Communist Party rule.
She was released after 65 days in detention, during which time she went on hunger strike twice.
Zhang moved to Shanghai from the northern province of Shaanxi in 2010, and formerly worked as a lawyer before official retaliation took away her license to practice.
In Zhang's last YouTube video posted on May 13, she had reported on the impact of a huge fall in passenger numbers on the livelihoods of Wuhan's taxi drivers, as well as loss of employment in the wake of the lockdown among the city's residents.
She also spoke out against the intimidation of local people by the urban management police, or chengguan, and about a sense of despair at life in China.
Thousands targeted for speaking out
The Chinese government has targeted thousands of people for speaking out about the coronavirus epidemic in the country since it began in late December in the central city of Wuhan.
After President Xi Jinping said he would lead "a people's war" on the epidemic on Jan. 20, police handled 5,111 cases of "fabricating and deliberately disseminating false and harmful information," according to a Feb. 21 statement from the ministry of public security.
Between Jan. 1 and March 26, nearly 900 internet users were penalized by police for their online speech or info-sharing about the coronavirus epidemic, across almost every province, region, and municipality in China.
Charges used to question, detain, and arrest people included "rumor-mongering," "fabricating false information," �sowing panic,� �disturbing public order,� and "breach of privacy."
Cases in which people were accused of "spreading misinformation" or "disrupting public order" accounted for more than 96 percent of cases, according to the overseas-based Chinese Human Rights Defenders (CHRD) network.
CHRD said on Monday it has documented "a dozen cases" of detainees or prisoners of conscience being denied access to their lawyers and families, including virtual meetings, on coronavirus grounds.
The group called on the government to stop using the pandemic as a pretext to restrict people's rights.
"In some instances, Chinese officials have stated that the suspensions are �indefinite� or until the pandemic is over, even if lockdown restrictions elsewhere have already begun to be lifted and authorities have declared that public health milestones have been met," CHRD said in a statement on its website.
Among those affected are ailing citizen journalist and rights activist Huang Qi, veteran dissident Qin Yongmin, Tibetan activist and businessman Tashi Wangchuk, and activist Chen Jianfang.
Detained lawyers Hao Jinsong and Li Yuhan have also been denied meetings with their defense lawyers, as have detained activists Liu Jinxing, Shen Liangqing, Xie Wenfei, Xu Kun, and Zhang Baocheng, CHRD said.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- #COVID-19, Right to liberty and security
- HRD
- Blogger/ Social Media Activist, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Jun 17, 2020
- Event Description
A Chinese court has secretly convicted and handed down a four-year jail sentence to one of China�s most outspoken human rights lawyers, Yu Wensheng, on the charge of �inciting subversion of state power�, according to his wife.
Yu�s wife, Xu Yan, told the Guardian that she was informed by phone by the prosecutor�s office in Xuzhou city in the eastern province of Jiangsu that her husband�s term was ordered in a closed door sentencing on Wednesday morning. The Xuzhou city intermediate people�s court also deprived Yu of his political rights, meaning he is barred from serving in public positions, publishing and speaking publicly, for three years.
His sentencing comes after his secret trial in May 2019, which took place without the knowledge of his family.
During Yu�s more than two years in detention, he was barred from meeting his family and the lawyers they hired, and there were widespread fears that he was tortured in custody. In April last year, the UN working group on arbitrary detention said Yu should be released.
His wife said Yu was �in a very isolated situation� as none of his relatives, including herself, or lawyers appointed by the family were present at the trial.
�He can�t accept this outcome. He would appeal,� his wife said. �I demand his unconditional release.�
As one of the staunchest government critics in the country, Yu had repeatedly weighed in on politically sensitive issues despite intensifying efforts to stifle dissent under China�s leader Xi Jinping.
Yu, 52, was picked up by police near his home in Beijing on 19 January 2018 as he walked his son to school and later charged with inciting subversion of state power. The day before, he published an online post calling for the removal of Xi and for reforms in the legal and political systems. Three months earlier, Yu also demanded Xi�s resignation in an open letter, accusing China under his rule as �marching backwards�. Yu�s legal licence was revoked shortly before he was taken away.
Yu had long been seen as a thorn in the side of the authorities. He had tried to sue authorities for failing to shield Chinese citizens from pollution and represented activists and dissidents, including Wang Quanzhang, a fellow attorney who vanished into detention in the summer of 2015 and was later sentenced to four-and-a-half-years in jail for subversion. Wang was released in early April this year but was barred from being reunited with his family for weeks.
Yu had also been detained for more than three months in 2014 after voicing his support for pro-democracy protests in Hong Kong and was tortured in detention.
Amnesty International�s Asia-Pacific regional director, Nicholas Bequelin, said Yu�s sentencing is �nothing but political persecution dressed up as legal process�.
�The secret sentencing of yet another human rights lawyer marks a new low for what is left of the rule of law in China,� he said.
US-based rights group Chinese Human Rights Defenders said Yu joined �a long list of Chinese human rights lawyers, activists, dissidents, and journalists� convicted on national security charges for exercising and defending human rights.
�China is in the process of imposing a national security law on Hong Kong to further the suppression of free expression and assembly in the territory,� it said.
The Hong Kong-based Chinese Human Rights Lawyers Concern Group and 17 other international rights groups and individuals issued a joint statement to condemn Yu�s sentencing and urged his immediate release.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Lawyer
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Indonesia
- Initial Date
- Jun 17, 2020
- Event Description
Dozens killed in rallies
More than 40 people were killed in August and September 2019 after anti-government protests turned violent in Papua and West Papua provinces, which make up the Indonesian half of New Guinea island.
The unrest was sparked by perceived heavy-handed and racist treatment of Papuan students by security personnel on Java Island. It prompted the government to send police and military troops to the Papua region and block the internet for three weeks.
Papuan activists and their supporters, inspired by the Black Lives Matter protests in the United States, recently went on social media using the hashtag �PapuanLivesMatter� to denounce what they see as racist treatment across Indonesia of Papuans.
Protests broke out across the United States sparked by a video that showed a Minneapolis police officer kneeling on the neck of a black man, George Floyd, who said he could not breathe and later died, as other officers stood nearby.
On Wednesday, Amnesty International urged the Indonesian government to release the seven who were convicted in Balikpapan.
�We deeply regret the court�s decision. Although the sentences are much lighter than those demanded by the public prosecutors, we believe the prisoners of conscience should not have been arrested, jailed and prosecuted,� AI Indonesia executive director Usman Hamid said in a statement.
The Papua region was incorporated into Indonesia in 1969 after a U.N.-administered ballot known as the Act of Free Choice. Many Papuans and rights groups said the vote was a sham because it involved only about 1,000 people.
The provinces of Papua and West Papua make up one-fifth of Indonesia�s land mass but only 5.9 million of Indonesia�s 270 million people live there.
- Impact of Event
- 7
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Minority Rights, Right to liberty and security, Right to self-determination
- HRD
- Minority rights defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Jun 16, 2020
- Event Description
Rayong police have charged a 23-year-old student with violation of the Emergency Decree and the Public Assembly Act after he organized a �Who Ordered the Abduction of Wanchalearm?� rally. The student says he is going to fight the case and rejects all the charges.
On 16 June, 23-year-old Panupong Jadnok, a student at Ramkhamhaeng University, was charged as responsible for the Young Leaders group of Rayong with violating the 2008 Emergency Decree for organizing a �Who Ordered the Abduction of Wanchalearm?� rally and displaying a sign saying �Who Ordered the Abduction of Wanchalearm Satsaksit?� at Si Mueang Park on 14 June in a call for justice for Wanchalearm.
Panupong said police initially charged him only with violation of the Emergency Decree, but he was later also charged with violation of the Public Assembly Act, when the investigation found that he did not obtain permission to organize the gathering.
Panupong rejects all the accusations and confirmed that he will fight the case in court. He has asked for 15 days to write a clarification letter.
Panupong and 12 other Young Leaders of Rayong organized the rally marching around Sri Mueang Park for 40 minutes, carrying signs and with white ribbons tied around their wrists. He said the rally went smoothly and participants wore protective masks.
Panupong said he met Deputy Public Health Minister Satit Pitutacha during the rally. Satit said he doesn�t agree with whoever violated the law when Panupong asked him his opinion on the enforced disappearance.
With regard to Wanchalearm�s disappearance, Panupong said that as Wanchalearm was an activist, and Panupong and his team also have developed through activism, he sees a shared ideology between him and Wanchalearm. He also sees the equality of humanity and human rights that should be protected.
The Emergency Decree was initially imposed to control Covid-19, but Panupong said when the people speak out, the government uses the Emergency Decree to prosecute them. Panupong sees that it is being misused and he is campaigning using the hashtag #LiftTheEmergencyDecree (#???????.?.?.???????)
Panupong said the next event will be organized on 24 June. There will be an exhibition on the 1932 Siamese Revolution. Leaders from seven provinces in the Eastern region will join the event under the name of Eastern Youth for Democracy. He is now consulting with his team on the location.
�Today I see as the beginning of a continuing fight and as the spark for many so that everyone sees that the Emergency Decree isn�t to control the disease but to deprive people of their rights and expression. I ask that my sacrifice is a wake-up call for everyone to protect their own rights. I ask everyone to be brave to do it for our country and I ask everyone to fight for our future. #LookingForCompanion #LiftTheEmergencyDecree.� Panupong posted on his personal Facebook page.
On 14 June, the ???????????? Free YOUTH Facebook page posted that Tattep Ruangprapaikitseree, a recent political science graduate from Chulalongkorn University, reported receiving a summons from Wang Thong Lang Police Station for violating the Emergency Decree on the day he called for justice for Wanchalearm in front of the Cambodian Embassy.
Around 10 protestors calling for justice for Wanchalearm in front of the Cambodian Embassy have received summons for violating the Emergency Decree.
The Cross Cultural Foundation issued a statement stating, �the protests do not amount to an �assembly or gathering of persons�which may cause unrest,� rather, they are legitimate and peaceful in nature, and concurrent with the principles of Human Rights Defenders. Therefore, the charges and summons filed can only be seen as an abuse of the power granted by the Decree to intimidate and deprive the rights of those who do not agree with the government.�
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- #COVID-19, Freedom of assembly, Offline
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Indonesia
- Initial Date
- Jun 15, 2020
- Event Description
A court in Indonesia has sentenced two indigenous farmers to eight and 10 months in prison respectively for stealing oil palm fruit from a plantation company that is itself accused of stealing their land.
On June 15, the Sampit district court in East Kotawaringin, in the Bornean province of Central Kalimantan, ruled Dilik Bin Asap from Penyang village guilty of harvesting palm fruit on land claimed by the villagers but cultivated by PT Hamparan Masawit Bangun Persada (PT HMBP), an affiliate of the BEST Group. The court also found James Watt, a prominent land rights activist, guilty of ordering Dilik and other farmers to harvest the fruits.
As a result, the panel of judges sentenced Dilik to eight months in prison and James to 10 months in prison.
Another farmer, Hermanus Bin Bison, was arrested by police along with Dilik, and he died in custody, reportedly after being refused proper treatment for his ill health.
James said he wasn�t guilty and would appeal the verdict.
�But this fight isn�t my own,� he said. �It�s the Penyang villagers�, so I ask their approval first to determine the next step.�
Bama Adiyanto, a lawyer representing James and Dilik, said the judges had ignored the fact that ownership of the harvested land was still under dispute, and therefore the company didn�t have a case that the farmers had stolen from its property.
According to the Penyang villagers, PT HMBP has cleared forests and cultivated oil palms on land outside its concession, encroaching onto the community�s land. They have lodged complaints with multiple authorities, including the East Kotawaringin district government and council, and the national human rights commission, known as Komnas HAM.
In 2010, the district chief officially declared that PT HMBP was operating outside its concession and ordered it to cede the disputed land back to the community. The following year, the district council determined that the company had illegally planted on 1,800 hectares (4,450 acres), and echoed the district chief�s call to hand the land back to the villagers. Komnas HAM also called on the company to follow through.
But it wasn�t until October 2019 that PT HMBP acted. Even then, it said it would only relinquish control of a fraction of the disputed land � 117 hectares, or 290 acres � either completely or partially, offering to manage it in collaboration with the villagers. Ignored evidence
Bama said lawyers for the farmers had presented evidence in court that the harvested land wasn�t part of PT HMBP�s concession.
�The location is clearly outside the company�s [plantation area] and is owned by the locals,� he said. �In fact, it�s the company that�s in the wrong for cultivating on the location.�
Dimas Novian Hartono, the Central Kalimantan director of the Indonesian Forum for the Environment (Walhi), said one of the key pieces of evidence corroborating the villagers� claim was a copy of the outcome of an investigation by the government�s land agency, BPN, conducted in 2012.
But the judges said the evidence presented couldn�t be used in the trial because the charges against Dilik and James were criminal in nature, and not a civil lawsuit, and thus the question of the ownership of the land wasn�t at issue in this case.
�So [the judges] didn�t look deeper into the root of the case,� Dimas told Mongabay.
Also during the trial, neither PT HMBP nor the prosecutors could present evidence to back up the company�s claim that it owns the permit to the harvested land.
Kurnia Warwan, an agrarian law expert at Andalas University, said this fact alone should have been enough to compel the judges to acquit James and Dilik.
�That [verdict] is very surprising,� he said. �From the beginning, this theft case has already failed to meet the element [of a crime].�
Kurnia added that the plantation law used by the prosecutors in charging James and Dilik could also be wielded against PT HMBP, given that it expressly prohibits companies from cultivating on locals� lands without their consent.
James and Dilik, Kurnia said, were therefore victims of criminalization.
Walhi also highlighted irregularities in the case. Among them: the company filed a police report against Dilik and Hermanus at 7 a.m. on the morning of Feb. 17. Yet they only started harvesting the palm fruit � their alleged crime � at 9 a.m.
James was arrested on March 7 by the Central Kalimantan police in Jakarta, where he had gone to report the earlier arrests of Dilik and Hermanus to Komnas HAM and the witness protection program, or LPSK.
Walhi said the three farmers were charged shortly after the arrests.
�All three were even interrogated [by the police] without being accompanied by legal advisers and while they were exhausted after the trip to the Central Kalimantan police headquarters,� Walhi said.
Bama said he also had difficulties meeting the three farmers after the police detained them.
�We couldn�t meet them immediately [after the arrest],� he said. �The local police always had reasons to prevent us from meeting [them] and hearing their version of the story.�
In response to the verdict, PT HMBP legal manager Wahyu Bimo said the harvested land is part of the area that the company had offered to managed in collaboration with the villagers.
�That land is planned to be developed into a plasma plantation,� he said, using the local term for smallholder plots that supply larger plantations. �The cooperative is already established. Those who join the opposition [against the company], including those who harvested [the palm fruit], are not a part of the cooperative for the plasma [program].�
Bama said he and the other lawyers for James and Dilik would file an appeal against the criminal conviction of the farmers, as well as a civil lawsuit against PT HMBP over ownership of the land. Dimas from Walhi, who is part of the legal team, said they planned to get the buy-in of all the villagers in order to mount a solid lawsuit.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- Indigenous peoples' rights defender, Land rights defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Jun 15, 2020
- Event Description
A court in the Philippines has found journalist Maria Ressa and former Rappler reporter Reynaldo Santos Jr guilty of "cyber libel", in a controversial case seen as a major test of press freedom under the administration of President Rodrigo Duterte.
In a decision issued on Monday, the court sentenced Ressa, the executive editor of the news website Rappler, and Santos Jr to a minimum of six months and one day to a maximum of six years in jail. It allowed them to post bail, pending an appeal. They are the first two journalists in the Philippines to be convicted for cyber libel.
Judge Rainelda Estacio-Montesa also ordered the payment equivalent to $8,000 for moral and exemplary damages to the businessman who lodged the complaint. The complainant originally sought an estimated $1m in damages.
In a press conference following the verdict, Ressa vowed to fight the case, saying the case of Rappler was "a cautionary tale" for the Philippine media.
"It is a blow to us. But it is also not unexpected," Ressa said. "I appeal to you, the journalists in this room, the Filipinos who are listening, to protect your rights. We are meant to be a cautionary tale. We are meant to make you afraid. But don't be afraid. Because if you don't use your rights, you will lose them.
"Freedom of the press is the foundation of every single right you have as a Filipino citizen. If we can't hold power to account, we can't do anything," she added, as she fought back tears.
Santos said he was "disappointed" of the verdict and felt "very sad" at the outcome.
The case is the first of at least eight active cases filed against Ressa and her media organisation since Duterte came to office in 2016.
Following the verdict, presidential spokesman Harry Roque said "the court decision should be respected", adding that Duterte "has never been behind any effort to curtail press freedom in the country".
In a statement, the National Union of Journalists of the Philippines (NUJP) called the decision "a dark day" for independent Philippine media and all Filipinos.
"The verdict basically kills freedom of speech and of the press," the organisation said. "But we will not be cowed. We will continue to stand our ground against all attempts to suppress our freedoms."
The Foreign Correspondents Association of the Philippines (FOCAP) described the latest development as "a menacing blow to press freedom".
Amnesty International's Regional Director Nicholas Bequelin described the verdict as a "sham" that should be quashed.
"The accusations against them are political, the prosecution was politically motivated and the sentence is nothing but political," Bequelin said in a statement.
"This guilty verdict follows the shutdown of ABS-CBN, which remains off the air - also after coming under the President's attacks. The international community cannot remain silent in the face of this brazen vendetta against the press."
The cyber-libel case against Ressa and her publication stemmed from a 2017 complaint filed by a businessman over a Rappler story that was published in 2012, before the cybercrime law was passed.
The businessman, Wilfredo Keng, said he was "defamed" when he was linked to the then-Supreme Court chief justice, who was later removed from office through impeachment.
The libel complaint was dismissed in 2018, but the National Bureau of Investigation reversed the decision and recommended to the justice ministry that Ressa and the reporter, Reynaldo Santos Jr, be prosecuted. Prosecutors said they were only following the law. 'Absurd' case
Around the same time, Duterte had sought to close Rappler for alleged foreign ownership and tax evasion, allegations Rappler denied.
The news site had attracted Duterte's ire for its relentless coverage of the so-called "war on drugs" during which thousands of people have died. It also exposed a pro-Duterte network circulating alleged fake news on social media.
In addition to Rappler, Duterte has seemingly also targeted and forced the closure of ABS-CBN, the largest media company in the Philippines, while the owners of the country's largest newspaper, Philippine Daily Inquirer, were forced to sell the publication to a Duterte ally after publishing news reports and editorials critical of the mounting deaths in the "war on drugs".
In a statement, the International Center for Journalists condemned the "state-sponsored legal harassment" in the Philippines.
"ICFJ will continue to support her and her team as they report the news - despite official attempts to silence them."
Ahead of the verdict, Carlos Conde, of Human Rights Watch in the Philippines, said the case against Rappler "should never have been filed to begin with."
"The absurdity of this particular case against Maria Ressa - prosecutors deemed the story in question 'republished' after Rappler corrected one word that was misspelled - suggests the desperation of those behind it to silence her and Rappler," Conde said in a statement to Al Jazeera.
While the article in question had been published in 2012, a spelling correction had been made to one word in 2014, something the prosecutors dubbed a "republication" of the article that put it within reach of the cybercrime law.
During an online forum on Monday, Jose Manuel Diokno, a leading human rights lawyer, predicted a "long battle ahead" as the defendants moved to file an appeal.
"This is not the end of it," said Diokno, a critic of the Duterte administration and opposition candidate for senator in 2019. "There's a strong need for us to generate a lot of public opinion, a lot of press on the government, on the courts, to look very deeply into this case. The ramifications of this case go deep into whether we can still call the country a real democracy."
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Active
- Country
- India
- Initial Date
- Jun 13, 2020
- Event Description
Police lodged a First Information Report (FIR) against Supriya Sharma, the executive editor of news portal Scroll.in for her report on the lockdown in India�s prime minister Narendra Modi�s constituency. The International Federation of Journalists (IFJ) and its affiliate the National Union of Journalists (India) (NUJI) urges the Indian government to withdraw the charges.
Mala Devi lodged an FIR at Varanasi�s Ramnagar police station in Uttar Pradesh on June 13, alleging Supriya Sharma misrepresented her interview in Domari village, Varanasi. Accordingly, police charged Sharma under section 501 and 269 of the Indian Penal Code for allegedly printing a defamatory story and a negligent act that is likely to cause the spread of a life-threatening disease.
Sharma�s article documented the impacts of the lockdown and inadequate emergency food support in Domari village, Varanasi. Modi adopted Domari village as part of his constituency in 2018.
NUJI president, Ras Bihari said: �This is a threat to democracy and attacks the origins of freedom of expression.� Ras Bihari expresses grave concern over the harassment of journalists through FIR's in Uttar Pradesh and appeals to journalists to fact-check before publishing a story.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- #COVID-19, Offline
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Cambodia
- Initial Date
- Jun 12, 2020
- Event Description
The Siem Reap Provincial Court has launched a preliminary rape investigation into prominent activist monk Luon Savath, in relation to Facebook videos released last week alleging the monk had inappropriate relations with four women, a charge he has denied.
The alleged videos were released on a Facebook account called �Srey Da Chi-Kraeng� and purportedly showed Venerable Luon Sovath having salacious conversations with a woman and her three daughters. Apart from posting these videos, the account, which was created two weeks ago, has had no other activity.
The activist monk, who is in hiding, has �vehemently� denied the accusation calling it politically motivated. However, the Monk Council in Siem Reap announced on June 3 that he had been expelled from the clergy, accusing him of having sexual intercourse.
Additionally, local police executed a search warrant this week and confiscated materials from the monk�s home.
On Friday, Siem Reap court spokesperson Chuon Sophanha said a victim had complained about the monk and that authorities were investigating the monk for rape.
�We suspect rape since we have the complaints from the victim,� he said.
He refused to provide any details of the alleged crime or if the court had evidence to proceed with the investigation. He also denied confirming if the court had issued an arrest warrant.
�You should not ask who are involved with this since it can affect the investigation and [Luon Sovath] can flee,� he said.
Siem Reap Police Chief Tith Narong said on Friday that Luon Sovath was suspected of committing an offense, but directed queries to the Siem Reap court.
�It is related to audio messages and a complaint from the victim,� he said. �[We] followed the court warrant which is to bring [Luon Sovath] to court.�
On Wednesday, Tith Narong told VOA Khmer that Luon Sovath had not committed a crime, but changed his response on Friday.
According to Article 239 of the Cambodian Criminal Code, a person can be imprisoned for five to ten years for rape, and up to 15 years if the crime was committed under aggravating circumstances.
On Wednesday, Luon Sovath, who had not spoken publicly since the videos were published, said the videos were doctored and that he had not committed any of the alleged crimes. He said the case was politically motivated.
In a long Facebook post, he said police had seized a lot of his property, including an SUV, an icebox, refrigerator, phones, camera equipment and had even questioned two of his �nephews.�
On Friday, Luon Sovath briefly responded to a request for comment, again denying the allegations leveled against him and calling the Facebook account �Srey Da Chi-Kraeng� fake.
�I haven�t chatted or called anyone from my Facebook accounts,� he said. �[I want] to be silent so this can pass.�
�They can accuse anyone since they have the extreme power to create this setup,� he added.
The four videos in question have been circulating on Facebook, and seemed to originate from one account, �Srey Da Chi-Kraeng� that was created on May 30. The videos, according to the accompanying text on Facebook, are recordings with four women � a mother and three daughters.
The video recordings are of an unidentified person, or persons, sitting in a dimly-lit room and having Facebook audio conversations, ranging from 7 to 10 minutes each. The video is shot so that only the person�s hand holding the smartphone can be seen.
This Facebook account links to three other accounts, suggesting they are the three daughters. However, on one of these accounts, the user posted last week that she and her family were being wrongly involved in this issue.
�The page Srey Da Chi-Kraeng is badly intended to mistreat me,� the user said in the post.
In another post from June 2, the user said her sisters and mother had not done �bad things� with Luon Sovath. These Facebook users did not respond to requests for comment.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment, Raid
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security, Right to property
- HRD
- Environmental rights defender
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Jun 12, 2020
- Event Description
Vietnam�s communist regime has arrested the third journalist named Le Huu Minh Tuan in an effort to demolish the unregistered group Independent Journalists Association of Vietnam (IJAVN), Defend the Defenders has learned.
Local activists reported that on June 12, the security forces of Ho Chi Minh City�s Police Department arrested Mr. Tuan, who is a member of IJAVN, and has a number of articles under penname Le Tuan. It is unclear what the charge he is facing, but his arrest is likely related to the previous detentions of IJAVN�s President Ph?m Chi Dung and Vice President Nguyen Tuong Thuy, who were accused of �conducting anti-state propaganda� under Article 117 of the Criminal Code with imprisonment of between seven and 12 years if are convicted.
Tuan was said to be taken to Chi Hoa temporary detention center under the authority of HCM City�s Police Department, where Mr. Dung and Mr. Thuy are held incommunicado since their arrest in November 2019 and May 23 this year, respectively.
Mr. Tuan, 31, joined IJAVN in 2014. He graduated from Da Nang University, majoring in history. He is currently working on a second degree at Hanoi Law University.
In the months after the arrest of Mr. Dung, Tuan was repeatedly summoned by security forces for interrogation about the association. Tuan�s friends advised him to go into hiding to avoid being harassed or detained, however, he refused, saying he didn�t want his studies interrupted. He also acquiesced to these questionings because he believed he hadn�t done anything wrong.
In order to keep the country under a one-party regime, the ruling Communist Party of Vietnam is striving not to allow the formation of opposition groups and civil society organizations. After arresting a dozen of key members of the unsanctioned group Brotherhood for Democracy, Vietnam�s security forces are targeting IJAVN which has more than 50 independent journalists and dissidents who have produced thousands of unbiased articles regarding hot issues of the country such as human rights violations, systemic corruption, widespread environmental pollution, China�s violations of the country�s sovereignty in the East Sea (South China Sea) and the weak response of the communist regime in Hanoi, failures of socio-economic policies of the ruling Communist Party, etc.
Under the communist regime�s provision, IJAVN is a thorny group that should not exist. Since its establishment in 2014, it and its members have been under constant persecution of security forces who strive not to allow its members to gather or meet with foreign diplomats. In November last year, the security forces started their campaign to crack down on the association by arresting its President Dung and a half year later, they detained Acting President Thuy.
A number of its members are under threat and may be arrested at any moment as the security forces want to eradicate the association ahead of the upcoming 13th National Congress scheduled in January 2021.
Vietnam is among the world�s biggest enemies of the press. According to the Committee to Protect Journalists, Hanoi held 12 journalists under the bar for their journalism activities as of 2019�s end while the Reporters Without Border (RSF) has placed Vietnam at the bottom of its annual free press indexes in recent years.
So far this year, Vietnam has arrested at least 12 activists, nine of them for their writings. Vietnam is also among the biggest prisons of prisoners of conscience in Southeast Asia, with more than 250 activists being kept behind bars.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Jun 12, 2020
- Event Description
Laguna � Progressive groups in Iligan City refuteD claims by Iligan City Police regarding the June 12 arrest of 14 students who were protesting the Anti-Terrorism Bill.
On Friday, 16 students, among them members of Kabataan Partylist Northern Mindanao (KPL-NMR), staged a ma�anita-style protest in barangay Palao, Iligan City which lasted five minutes.
According to the Iligan City Police Office (ICPO), the students were invited to ICPO Station 5 for �violating the health protocols on social distancing.�
KPL-NMR and the Students� Alliance for the Advancement of Democratic Rights of MSU-IIT (STAND-IIT) disputed this, stating that the police�s statement was �misleading and is clearly meant to save face and make their warrantless arrest appear legitimate.�
�As shown in a video recorded by one of the protesters, the students were not invited, the police officers dragged them by the arm, caught them in a chokehold and when the students asked them on what grounds they were being arrested, the arresting officers couldn�t cite any violations,� read a joint statement by KPL-NMR and STAND-IIT.
One the officers even shouted �Shoot them!� while the students were being dragged.
This, despite the fact that the students were able to produce legal documents for their protest while observing strict physical distancing. The students were also given ten minutes to conduct their program but chose to stage a five-minute protest, intending to clear out immediately after.
The 14 arrested students were then detained without probable cause for roughly seven hours before they were released before 6 p.m. KPL-NMR and STAND-IIT state that the students were subjected to abuse and intimidation, with one student choked by an officer in plainclothes while he was trying to explain. One student was also labelled as a �recruiter for the New Peoples� Army.�
The officers also confiscated the students� phones and interrogated seven of them before legal counsel arrived, taking personal information from them. Their legal counsel Kristine Campilan stressed that the police officers were violating Republic Act 7438 by conducting a �custodial investigation without the assistance of counsel.�
KPL-NMR and STAND-IIT contend that the state is �trivializ[ing] the protests as mere violations of the government�s social distancing measures,� instead of �addressing the root issues surrounding them.�
�These draconian measures are but a taste of what the government and its fascist machinery can do should the railroaded Anti-Terrorism Bill be passed. It shows how they can set their very own laws aside if these contradict their interests,� their joint statement read.
Not the only case
Police have also used intimidation tactics against protesters in other parts of the country. In Tuguegarao City, police threatened members of Kabataan Partylist Cagayan Valley with arrests should they continue with their own ma�anita.
In Manila, about 40 police officers were immediately deployed in response to a protest staged inside the De La Salle University � Manila campus. There were approximately 20 protesters conducting a short program, including former Deputy Speaker Atty. Erin Ta�ada.
In Manila�s San Pablo Apostol Church, UP Rises Against Tyranny and Dictatorship reported that police officers led by Station Commander Lt. Navidad and Vic Blanco confiscated placards from protesters despite observing proper social distancing measures.
Even the UP Diliman �grand ma�anita� wasn�t safe. Quezon City Police Department officers blocked the entrances along the Commission of Human Rights and the Asian Center, blocking protesters from entering the campus.
These protests were part of a nationwide series of actions calling for the junking of the Anti-Terrorism Bill, which critics have repeatedly slammed as actually targeting activists.
- Impact of Event
- 14
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment, Vilification, Violence (physical)
- Rights Concerned
- #COVID-19, Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Jun 11, 2020
- Event Description
Responding to today�s targeting of nine more activists in connection with Hong Kong�s June Fourth Tiananmen vigil, in addition to four arrests carried out yesterday, Director of Amnesty International Hong Kong Man-Kei Tam said:
�The targeting of is the latest assault on freedom of expression and peaceful assembly in the city. With China's Orwellian national security law coming, the Hong Kong authorities appear emboldened to ramp up repression of critical voices.
�The June Fourth vigil is a moment for people in Hong Kong to remember those killed in the Tiananmen crackdown 31 years ago, and for the authorities to use this peaceful event as a means of targeting critics is sickening.
�A year to the day after Hong Kong Police infamously targeted protesters with excessive force during mass demonstrations, the crackdown on Hong Kong�s freedoms is unrelenting.
�But as shown by those who peacefully took to the streets today to mark the 12 June anniversary, people will continue to peacefully advocate for those freedoms and will not be cowed by repression.�
Background
Between 11 and 12 June, police informed 13 individuals that they will receive a summons to appear in court in late June for �inciting� others to take part in unauthorized assemblies on 4 June.
Ten of those targeted are members of the HK Alliance, which has organized the annual vigil in Hong Kong�s Victoria Park to commemorate the Tiananmen crackdown.
Last week, Hong Kong police banned the vigil for the first time in 30 years, citing COVID-19 measures. The ban did not stop thousands from convening in the park, and even more holding smaller events elsewhere.
The 13 people targeted include the chairperson of Hong Kong Alliance in Support of Patriotic Democratic Movements in China (HK Alliance) Lee Cheuk-yan; vice-chairpersons Albert Ho Chun-yan and Chow Hang-tung; secretary Richard Tsoi; core members Cheung Man-kwong, Mak Hoi-wah, Andrew Wan Siu-kin, Chiu Yan-loi, Leung Yiu-chung and Leung Kam-wai; vice president of the Labour Party Steven Kwok Wing-kin; vice convenor of the NGO Civil Human Rights Front Figo Chan Ho-wun; and founder of media group Next Digital Jimmy Lai.
On the evening of 3�4 June, 1989 in Beijing�s Tiananmen Square, hundreds � possibly thousands � of people were killed when troops opened fire on students and workers who had been peacefully calling for political and economic reforms as well as an end to corruption. No one knows the exact number of fatalities since the Chinese authorities have stifled and censored discussion of the crackdown for the past three decades.
- Impact of Event
- 13
- Gender of HRD
- Man, Woman
- Violation
- Judicial Harassment
- Rights Concerned
- #COVID-19, Freedom of assembly, Offline
- HRD
- NGO staff
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Jun 10, 2020
- Event Description
Police in the Kazakh capital, Nur-Sultan, have detained 12 activists who were picketing the European Union's office in the city.
The activists on June 10 were calling on EU officials to pressure Kazakh authorities to release three activists, Ruslan Nurqanov, Aibek Sabitov, and Darkhan Omirbaev, who were sentenced to jail terms of between 10 and 15 days last week on the eve of unsanctioned protests in Nur-Sultan. They were found guilty of calling for "illegal rallies."
During the demonstration, the protesters held portraits of the three jailed activists, as well as posters saying "European Union, Be With The Kazakh People!" and "#BlackLivesMatter #Kazakhstan."
One of the posters had a picture of a donkey with the face of the Kazakh President Qasym-Zhomart Toqaev.
"We want police reforms! We want a new law on public protests! We are against the police state!" the protesters chanted before dozens of police forced them into vehicles and took them away.
Police in Nur-Sultan, Kazakhstan�s second-largest city, Almaty, and at least three other cities detained more than 100 people on June 6 during anti-government protests. Some of them were later sentenced to several days in jail for taking part in the unsanctioned protests.
In Almaty, on June 10, a noted civil rights activist, Asya Tulesova, was sentenced to 10 days in jail for taking part in the June 6 protest.
- Impact of Event
- 12
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Jun 10, 2020
- Event Description
On June 10th, almost a year after the brief occupation of the Legislative Council building (LegCo) during a pro-democracy protest in Hong Kong, two journalists at the scene have been slammed with new charges of rioting which in the law carries a maximum 10-year prison sentence, but is in this case is limited to seven years due to the fact it is judged by the District Court in Hong Kong.
Ma Kai-chung, a reporter from the online media Passion Times and Wong Ka-ho, the deputy chief-editor of the City University of Hong Kong�s student journal, will both be tried in August alongside 10 protestors and were initially only charged with �illegally entering and remaining in the Legislative Council chamber�, an offense which carries a maximum 3-month prison sentence.
�These two journalists were only performing their professional duty by documenting the occupation of the Legislative Council building and should never be indicted, and especially not charged with a crime that carries a 10-year jail term�, says C�dric Alviani, Reporters Without Borders� (RSF) East Asia bureau head, who calls on the Hong Kong Secretary for Justice to �immediately drop the absurd rioting charge.�
On the night of July 1st 2019, a date that marked the 22nd anniversary of the former British colony�s handover to China, a small group of protesters stormed the Legislative Council building, whilst over half a million Hong Kong residents took to the streets protesting against a now withdrawn bill that would have allowed extradition to the mainland.
According to the Hong Kong Journalists Association (HKJA), Hong Kong�s press freedom dropped to a record low in 2019, largely as a result of police violence. RSF has raised the issue of violence against journalists in a letter last July addressed to Carrie Lam, head of the Hong Kong executive, but received only a canned response.
The Special Administrative Region of Hong Kong has fallen from 18th place in 2002 to 80th place in this year�s RSF Press Freedom Index. The People's Republic of China stagnates at the bottom of the index in 177th place out of a total of 180 countries.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Offline
- HRD
- Media Worker
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Nepal
- Initial Date
- Jun 10, 2020
- Event Description
News chief at www.tukhabar.com (an online web-based portal) Balaram Pudasaini was misbehaved by a local Ramesh Gelal for reporting news on June 9 in Makwanpur district. The district lies in Bagmati Province of Nepal.
According to Freedom Forum's representative Rammani Dahal, journalist was reporting on difficulties farmers had to face while buying fertilizers in a place at Hetauda. In the meantime, Gelal pushed him back and verbally abused him without any reason in the presence of police officers.
Later, Police arrested Gelal and has charged him under indecent behavior following the complaint filed by journalist Pudasaini and other fellow journalists.
Freedom Forum condemns the misbehavior meted out to on-duty journalist. It is gross violation of press freedom and right to information. Abusing on-duty journalists who are working on field to make public informed about the social issues, even ignoring the possible risks of transmission of COVID19 is deplorable. Hence, FF strongly urges the concerned authority to punish the perpetrator and ensure free and safe reporting atmosphere for journalists.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment, Violence (physical)
- Rights Concerned
- Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Jun 9, 2020
- Event Description
Police have pressed charges against three students for violation of the Cleanliness Act and failing to carry their national identification cards after they attempted to tie white ribbons at various locations around Bangkok to protest against the abduction in Cambodia of Thai activist Wanchalearm Satsaksit.
Parit Chiwarak, one of the four student activists, said the police initially charged them with violation of the Emergency Decree but later dropped the charge after the students said they would protest by drawing their blood if charged under the Decree.
The police cited Section 12 of the 1992 Act on the Maintenance of the Cleanliness and Orderliness of the Country, which states, �no one shall scrape, chip, scratch, write, spray paint or make appear by any means� messages in public places. Violators are subject to a fine of no more than 5,000 baht.
They also cited the 1983 National Identity Card Act as the students failed to present their ID cards when asked by officers.
Four students activists of the Student Union of Thailand (SUT) � Panusaya Sithijirawattanakul,Jutatip Sirikhan, Chanin Wongsri and Parit Chiwarak � were taken to Samranrat Police station on Tuesday (9 June) afternoon while they were trying to tie white ribbons at the Democracy Monument.
Around 30 uniformed and undercover officers were reported to be on scene.
Before the arrest, they went to various locations in Bangkok including the Phaya Thai area, the Ratchaprasong area, the Pratunam area, the Equestrian Statue, the First Army Area Headquarters and the Ministry of Defence. This is a part of the SUT�s �White Ribbon Against Dictatorship� campaign, in which they invite the public to display a white ribbon to call for justice for Wanchalearm.
When they were in front of the Ministry of Defence, around 10 military officers stopped them and said their campaign was not allowed as �it was symbolic.�
While Jutatip, Chanin and Parit were charged with violation of cleanliness and identification acts, Panusaya was only charged with violation of the Traffic Act as her parked car obstructed the traffic.
Police were reportedly trying to search Panatsaya�s cars without a warrant, taking photos of its licence plate without her lawyer�s presence and denying the presence of the students� lawyers when explaining their allegations.
Students and professors from many universities gathered in front of Samranrat Police Station showing support for them while the hashtag #?????????????? (#LetOurFriendsGo) trended on Twitter as members of the public called for their release.
After almost six hours in police custody, they were released at 20:00. The police plan to deliver the case to prosecutors on 22 June at 9:00 at Samranrat Police Station. They together sang Jit Phumisak�s song �Starlight of Faith� and shouted �Dictatorship shall fall� as the students emerged.
- Impact of Event
- 4
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Sri Lanka
- Initial Date
- Jun 9, 2020
- Event Description
On June 9, officials from the Criminal Investigation Department raided Bastians� home in Colombo, the capital, and seized her laptop in connection to an investigation over the alleged abduction of a Swiss embassy staffer in the city in November, she wrote in a statement shared on Twitter.
Bastians, a contributor to the New York Times and former editor of the state-run Sunday Observer newspaper, wrote that the officers had a warrant for the laptop, and that they had twice previously tried to confiscate it without a warrant.
Authorities allege that the embassy staffer�s abduction was staged, and accuse Bastians of communicating with the staffer and being linked to the alleged abduction, according to news reports. Bastians left Sri Lanka in November, and the raid was conducted while her family members were living in her home, according to those reports.
�CPJ strongly objects to the seizure of journalist Dharisha Bastians� laptop and is concerned it could further endanger her sources,� said Aliya Iftikhar, CPJ�s senior Asia researcher. �Sri Lankan authorities should immediately end this intimidation campaign against Bastians, which is clearly retaliation for her critical reporting.�
On June 16, the Colombo Chief Magistrate ordered government analysts to examine whether anything on the laptop had been changed since it was seized, according to those news reports.
In her statement, Bastians said she was concerned about �potential efforts by interested parties to compromise the integrity� of the laptop. She also wrote that Criminal Investigation Department previously obtained her phone records without a warrant and leaked them.
Bastians has reported and written columns on politics, human rights, enforced disappearances, and accountability for journalists who were murdered in Sri Lanka.
In 2018, CPJ reported that former President Mahinda Rajapaksa, who at the time was in the opposition party and is now the country�s prime minister, publicly named Bastians after she contributed to a New York Times investigation into his failed 2015 presidential campaign.
The Criminal Investigation Department did not respond to CPJ�s emailed request for comment. Mohan Samaranayake, a spokesperson for President Gotabaya Rajapaksa, did not respond to a request for comment via messaging app.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Intimidation and Threats, Judicial Harassment, Raid
- Rights Concerned
- Right to healthy and safe environment, Right to privacy
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Jun 6, 2020
- Event Description
More than 100 opposition activists have been detained by police in Kazakhstan where two opposition parties had planned to hold rallies on June 6 in several cities to demand democratic reforms in the Central Asian nation.
Reports spoke of dozens being detained in Almaty, the country's commercial capital, as detentions were reported in other cities as well, including the capital, Nur-Sultan.
The detentions come despite a more liberal law on demonstrations coming into force.
Human rights groups have criticized President Qasym-Zhomart Toqaev with failing to improve respect for human rights after replacing Nursultan Nazarbaev, who stepped down in 2019 after 30 years in power. The oil-rich nation has also been hit hard by a drop in energy prices caused by the coronavirus pandemic.
In Almaty, police, including riot units, cordoned off several central squares as well as streets near the area where at least 100 activists had gathered.
An RFE/RL correspondent said about a dozen people were detained near Ghandi Park. They were reported to be supporters of the Koshe party, which is affiliated with the banned Democratic Choice of Kazakhstan (DVK) party.
In several instances, unknown people holding umbrellas tried to stop journalists from filming.
The DVK and the Democratic Party had organized the rallies, which authorities said breached COVID-19 social-distancing rules. They also said a new law not requiring groups to obtain permission for rallies would still need a five-day notice period before being applied in practice. Technically, that law entered into force on June 6.
In Nur-Sultan, the capital, an RFE/RL correspondent later reported at least 10 protesters being arrested, with photos showing police hauling people away.
There were reports of at least 20 activists being detained by police in the cities of Semei, Shymkent, and Qyzylorda. Some arrests were also reported in Aqtobe. Later reports said about 30 people were also held by police in Oral. In Taraz, activists did not gather amid reports of arrest prior to the planned action.
Later reports said some had been freed, including those activists detained in Qyzylorda.
In Almaty, one group of activists carried a banner that read "I Can't Breathe" -- a reference to the death of George Floyd, an unarmed African-American man who died in police custody in Minneapolis, which has sparked sometimes violent protests across the United States.
Others chanted "Old man, go away!" -- a reference to Nazarbaev, who retains power in Kazakhstan as head of the country's Security Council, a post the 79-year-old is entitled to hold for life.
Others demanded the resignation of Toqaev and a fairer distribution of wealth.
The nation of 19 million people has been hit hard by a drop in crude oil prices as well as the fallout from the coronavirus pandemic. More than 4 million people lost their sources of income during a two-month lockdown that ended last month, according to official data.
- Impact of Event
- 1
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Freedom of movement, Offline, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Jun 5, 2020
- Event Description
The 7, including minors, belong to local progressive organizations in Cebu. A local journalist is reportedly also among them.
Police arrested at least 8 activists during a protest rally against the anti-terrorism bill on Friday, June 5.
The activists were arrested at the protest site near the University of the Philippines (UP) Cebu for violating a ban on mass gatherings under the general community quarantine (GCQ), according to Cebu City police.
The rally started peacefully until the protesters were met by Cebu City police in combat gear and members of the SWAT team.
Police Lieutenant Colonel Melbert Esguerra, deputy director for administration of the Cebu City Police Office, told reporters that the protesters would be taken to the CCPO headquarters at Camp Sotero Cabahug pending the filing of complaints.
None of those detained have been charged as of this posting.
Bayan Central Visayas confirmed that the 8 belonged to local progressive organizations in Cebu. They also said there were minors among those arrested.
According to initial reports, among those arrested was Dyan Gumanao, a community organizer and a reporter for ANINAW Productions, a local affiliate of AlterMidya � People's Alternative Media Network.
Media were not allowed to see the detained activists when they went to the police office.
Videos showed cops, some in plain clothes, entering the campus and chasing down students.
The video also showed campus security guards watching as activists were being chased in the open field area of the college.
Under the Soto-Enrile accord of 1982, the Philippine National Police (PNP) and Armed Forces of the Philippines (AFP) are barred from entering any of the UP campuses without prior permission from the administration or unless they are in hot pursuit of a crime suspect.
The anti-terror bill, approved by the House of Representatives on Thursday and by the Senare months earlier, sparked outrage among human rights groups and concerned citizens, who noted that this law would hand too much power to President Rodrigo Duterte, who had been widely criticized for his human rights record. (READ: 'Draconian' anti-terror bill, feared to be used vs gov't critics, hurdles Congress)
As of posting, at least 27 protesters were still stuck inside the campus while police were posted outside, on Gorordo Avenue.
The College Editors Guild of the Philippines condemned the arrest of the activists. "Duterte's police and military are using militaristic approach instead of heeding the people's demands," the CEGP said in a statement.
UP Office of the Student Regent (UPOSR) also released a statement, urging police to release the detained protestors.
"This clearly manifests how the systemic targeting of critical voices is prevalent everywhere," UPOSR said. "When those in power are not even held accountable, students like ours who are only echoing the public�s sentiments are those who are handcuffed and silenced."
- Impact of Event
- 8
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Freedom of assembly, Offline, Right to liberty and security
- HRD
- Media Worker, NGO staff, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Jun 5, 2020
- Event Description
On June 5, 2020, the People’s Court of Heshigten Banner of Southern (Inner) Mongolia tried two Mongolian activists, Mr. Tsogjil and Mr. Haschuluu, who organized local Mongolian herders to protest the government’s illegal appropriation of their grazing land. Jail sentences of eight months and four months were handed down to Tsogjil and Haschuluu respectively for “rallying the public to petition the government, obstructing official business, videotaping and posting untrue stories, and transferring edited video footage to foreign organizations.”
“Defendant Tsogjil, male, born on March 4, 1979” and “defendant Haschuluu, male, born on October 23, 1978” were sentenced for “picking quarrels and provoking trouble,” according to the criminal verdict issued by the Heshigten Banner People’s Court.
“Criminal tools used: one long banner and one cellular phone that were already confiscated,” the verdict added.
“They are totally innocent,” Mr. O. Sechenbaatar, who himself was released from a year of house arrest recently after being detained for two weeks for supporting the protest in the neighboring Ongniuud Banner, said in an audio statement. “What they did was nothing but to legally file complaints about the local government’s illegal land grab and stage protests to urge the local Public Security Bureau to release detained herders and activists including myself.”
Under the Chinese authorities’ “bail pending trial” for over a year, the two activists were deprived of their basic rights to mobility and communication after being released from their initial detention last year.
“The trial was carried out pretty much behind a closed door,” O. Sechenbaatar told the Southern Mongolian Human Rights Information Center. “The crimes they were accused of committing were rallying people to demand the release of detained herders; inviting Ms. Yanjindulam (also knowns as Naranhuaar), a herder's leader, to join the protest; posting protest video footage on WeChat and sending information to foreign hostile forces.”
Tsogjil, a native of Heshigten Banner, had actively been advocating Southern Mongolians’ rights to use their native language; access their land, water, and other resources; and maintain national identity. He founded and managed at least five discussion groups with a total membership of nearly 2,500 Mongolian herders and grassroots activists on China’s only available social media outlet WeChat.
Before his arrest in April 2019, Tsogjil rallied the Mongolian herders for the release of the detained writer O. Sechenbaatar in one of his WeChat discussion groups called “Language, Livestock, and National Boundary.” “I ask our fellow herders from each and every village to gather in front of the banner government tomorrow to demand the immediate release of O. Sechenbaatar,” he wrote.
“O. Sechenbaatar went to jail for defending our land and rights. We all must wake up and take up the fight to protect our homeland,” Tsogjil said in the discussion group. “The authorities can arrest one of us, a few of us, but cannot arrest all of us.”
“Haschuluu was accused of committing similar crimes, including his involvement in last year’s public protest in front of the banner government and demanding my release,” O. Sechenbaatar said.
“What is truly revealing is the family members of the two were told by the court that the decision was handed down from the above. This means the government is above the law, and the law is a tool for the government officials to punish those who protest the government’s abuse of power,” O. Sechenbaatar added.
According to online discussions posted by local herders from Heshigten Banner, Haschuluu lived with his 80-year-old mother who is left without anyone's care after his trial despite her poor health.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Community-based HRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Cambodia
- Initial Date
- Jun 3, 2020
- Event Description
A Ratanakkiri province-based TV3 reporter has requested an extension to a court summons he was issued last week which stemmed from a story he covered about a land dispute at an abandoned Ratanakkiri airport site.
The summons, issued by deputy prosecutor Ra Borandy and dated June 3, said Phal Dam, the 52-year-old journalist, was due to appear in the provincial court at 9am on Monday to respond to allegations made by Banlung town deputy governor Put Dany, who accused Dam of �incitement to commit a crime�.
Dam told The Post last week that he had not committed any crimes and he did not know why he was being accused.
Concerning the story that caused the controversy, he said he interviewed residents who criticised the authorities� for allowing land grabs at airport sites and their refusal to deal with land disputes.
Dam said: �I don�t know Put Dany, but I�ve just found out that he is the deputy governor of Banlung town. Now I am preparing the relevant documents concerning the case and researching facts.
�Moreover, I am looking for a lawyer to help, as I do not yet understand what charges are being brought against me.�
He said on Sunday that he had applied to postpone his appearance last Friday in court and mentioned the summons was unclear.
Dany could not be reached for comment.
Provincial Department of Information director Kol Phanna said last week he had received information about the case, but he did not know the reason for the lawsuit. He urged the two parties to settle the matter out of court.
He said there had been prior complaints against the reporter concerning clarification in his reporting, although they had never led to legal action.
Phanna said: �I do not see this summons as a threat to the freedom of the press. Every person has his or her reputation to consider, so if reporters are reporting professionally and ethically, I don�t believe that they will be sued, and if they have enough evidence, they should not be afraid.�
Nop Vy, the executive director of the Cambodian Journalists Association (Cambo-JA), said the lawsuit was a violation of the rights of the press.
According to the law on journalism, Vy said, if journalists write or publish something that is not clear, those involved should clarify or write a letter to the media organisation.
�If there�s an error related to news writing, we correct it by using the journalism laws, not by using the courts. If journalists face issues like this over small things, no journalist would dare write about the inaction of officials, and more officials would become corrupt,� he said.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Online
- HRD
- Media Worker
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Malaysia
- Initial Date
- Jun 2, 2020
- Event Description
On 2 June 2020, woman human rights defender Sarasvathy Muthu, along with four othermembers from two organisations � National Union of Workers in Hospital Support and AlliedServices and Parti Sosialis Malaysia � were arrested whilst peacefully protesting in support ofcleaners working in state-run hospitals in Ipoh. On 4 June, all five protesters were charged andreleased on bail.Sarasvathy Muthu is a woman labour rights defender who has been at the forefront of human rightsmovements in Malaysia since she was a teenager, by organising unions for oppressed factoryworkers so that they could defend their rights. In the early 1990s she co-founded Alaigal, acommunity based organisation in Perak which focuses on labour rights issues. As part of her workshe has gathered and organised communities across various sectors, including plantation workers,squatters, farmers and workers, educating them on their rights and empowering them to voice theirstruggles.On 2 June 2020, Sarasvathy Muthu and four others, V. Santhiran, L. Danaletchumi, P. Jody and CSubramaniam, gathered on the grounds of the Raja Permaisuri Bainun Hospital to peacefullyprotest the poor working conditions for cleaners in state hospitals. The defenders wanted to drawattention to the lack of sufficient protective equipment for cleaners and the risk of infection,particularly in the context of COVID-19. Muthu and the group of protesters had been peacefullydemonstrating outside the hospital with placards for an hour before they were arrested. On 3 Juneall five defenders were released as the police were unable to obtain a remand order. On 4 June 2020, Sarasvathy Muthu and the four protesters were charged by a Magistrate Court inIpoh with obstructing a public servant and negligence in the spread of an infectious disease(sections 186 and 269 of the Penal Code), and defying the conditional movement control order(Regulation 7 (1) of the Prevention and Control of Infectious Diseases Regulations 2020),implemented in the context of COVID-19. The COVID-19 related charge carries a maximum fine ofRM1,000 or imprisonment for up to six months, or in some cases both. The court granted bail to thefive defenders after the maximum fine was paid for each of them. The next court date is set for 9July 2020.Front Line Defenders condemns the charges against woman human rights defender Sarasvathyand her fellow protestors, which it believes are solely motivated by their peaceful human rightsactivities and exercising of their right to freedom of peaceful assembly and expression.
- Impact of Event
- 5
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Offline, Right to liberty and security, Right to Protest
- HRD
- Labour rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Kyrgyzstan
- Initial Date
- May 29, 2020
- Event Description
Kyrgyz security services detained a well-known rights defender on dubious grounds on May 29, 2020, and on May 31, a court ordered him placed under house arrest, Human Rights Watch said today. Kyrgyz authorities should lift the two-month home arrest order imposed on Kamil Ruziev, the activist, drop all bogus charges against him, and investigate allegations that Kyrgyz security services have threatened him.
�Ruziev filed formal complaints against security officers, so Kyrgyzstan�s security service responded by harassing him with a bogus criminal investigation,� said Mihra Rittmann, senior Central Asia researcher at Human Rights Watch. �Prosecution authorities should instead be carrying out a thorough and timely investigation into Ruziev�s complaint and any abuse of power by the security officials who arrested him.�
State National Security Committee (GKNB) officers arrested Ruziev on the evening of May 29 outside the Karakol City Courthouse, which was considering a lawsuit he had filed against the GKNB and the prosecutor�s office for not investigating his complaint that law enforcement officers had threatened him, including at gunpoint.
After his arrest, the GKNB issued a statement saying that Ruziev was under investigation on criminal charges of forgery and fraud. However, during the hearing on May 31 to determine whether he would be held in pretrial detention, the investigator acknowledged that at the time of his arrest, Ruziev was wanted only as a witness. He said they had now changed his status to suspect and were pursuing the case only on charges of forgery. Ruziev told Human Rights Watch that the authorities had only informed him that they changed his status to suspect immediately before the hearing. The court approved Ruziev�s house arrest for two months. Ruziev and his lawyer have appealed the ruling and filed a complaint against the GKNB for unlawful detention.
Ruziev, 56, is a human rights defender and the head of the Karakol-based human rights organization Ventus. He is well-known for his work to end torture in detention and has also provided legal assistance in domestic violence cases. Law enforcement agents have repeatedly harassed and threatened Ruziev in retribution for his human rights activities.
While he was in GKNB custody, officers questioned Ruziev without his lawyer of choice present and refused to hand over copies of procedural documents.
Ruziev believes he was arrested in retribution for his human rights activities.
�Over the last year I have been filing complaints against the GKNB and the prosecutor�s office,� he told Human Rights Watch. �I also help others whose rights have been violated. The GKNB knows of my human rights work and decided to put pressure on me to get me to stop.�
The GKNB�s harassment of Ruziev is taking place against a backdrop of attempts by the Kyrgyz Parliament to adopt amendments to a law concerning nongovernmental groups that are aimed at tightening controls over civil society. The draft law, which targets non-profit organizations in particular, would impose additional burdensome financial reporting requirements that would interfere in activists� ability to carry out their work.
Public hearings on the bill went ahead on May 22, despite quarantine measures still in place in Kyrgyzstan�s capital to limit the spread of the Covid-19 virus. Nongovernmental groups had asked parliament to reschedule the hearing. Because of limits placed on the number of people who could enter the building, many representatives of groups who had registered to participate were not allowed into parliament, undermining the integrity of the process.
At the hearing, Ozonnia Ojielo, the United Nations resident coordinator and representative of the UN secretary-general in the Kyrgyz Republic, testified that the bill would impose an �onerous burden on civil society organizations� and urged the parliament to �seriously reconsider.� Eduard Auer, the European Union ambassador to Kyrgyzstan, also testified, saying that �civil society is a crucial partner to the EU� and that �it is important that new legislation does not make their work more difficult.�
Previously, the Kyrgyz parliament tried to adopt a Russia-style �foreign agents law,� requiring groups that received foreign funding to register as foreign agents, but after significant domestic and international outcry, the bill was ultimately scrapped.
�Parliament should withdraw the bill restricting nongovernmental groups and allow human rights defenders and civil society to play their very important role in addressing the needs of regular citizens and furthering Kyrgyzstan�s democratic development,� Rittmann said. �The authorities should immediately end the bogus investigation into Kamil Ruziev and ensure the GKNB cease its intimidation tactics so that he and other activists can continue their important work.�
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Access to justice, Right to liberty and security
- HRD
- NGO staff
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- May 26, 2020
- Event Description
Raju Baitha is a Dalit HRD residing in Motihari, East Champaran district of Bihar. He has been active in defending the human rights of Dalits in Bihar for long and is the district coordinator of the NCDHR, a national organisation to protect and promote the human rights of Dalits. Mr. Baitha, in one of his Facebook posts on May 20, 2020, questioned East Champaran�s Superintendent of Police(SP), Mr. Naveen Chandra Jha, about caste determining the punishment for policemen for similar charges against them. His Facebook post said, �just see the mockery of justice. Two cops from the higher caste were only sent to the police lines while another cop from the Dalit community was placed under suspension for the same charge.� Mr Baitha asked the SP for an answer and said that his action was biased and flouted the Constitutional norms. According to the sources, the SP called Mr. Baitha multiple times on WhatsApp and threatened him regarding his Facebook post. The SP also asked whether Mr. Baithawas the DGP to question the charges and that �he will put him in jail within 4 days�. Mr. Baitha recorded the WhatsApp conversation and it was picked up by the local media. On May 26, 2020, at about 6.00 am, the Station House Officer (SHO) of Chhitouni police station Mr. Mukesh Chand Kumar went to Mr. Baitha�s residence with four constables and arrested him without any arrest warrant. He was taken to the Chhitouni police stationand his two mobile phones and Rs 25000 were seized by the police without a seizurememo. An FIR (No. 49/2020) was registered against him by the Motihari police dated January 29, 2020, under IPC sections 143/188/353/149/342/506/427/341 and Prevention of Damage to Public Property Act, for alleged damage to public property and blocking public roads. The said protest was held on January 29, 2020,under the banner of Bahujan Kranti Morcha against the Citizenship Amendment Act (CAA). After his arrest on May 26, Mr. Baitha was not taken to a police station, but driven around in a police car, till the police got an official warrant signed by the magistrate. He was then taken into judicial custody. On May 28, 2020,Mr. Baithawas grantedbailinCase No.49/2020. However,before he could be released, he was re-arrested in two more FIRs Case no.50/2020 of Chhitouni police station dated January 29, 2020, by a shopkeeper who alleged damage to his shop during the proteston January 29. Another FIR was registered at Mufassil police station�s Case no.153/2020 dated April 5, 2020, filedby a person from the SC community. Mr. Baitha was released on bail only on June 15, 2020. It is obvious that Mr. Baitha has been victimised and harassed by the police, and subjected to harassment which included restrictions on his movement and liberty,for questioning certain actions of the SP through his Facebook post. HRDA believes the police on the directions of the East Champaran SP has misused provisions of law to target a Dalit HRD. This is not only a clear violation of his rights as a citizen of Indian under Article 19(A)but also an act of atrocity under the SC/ST Prevention of Atrocities Act (PoAA).
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Minority Rights, Online, Right to liberty and security
- HRD
- Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- May 25, 2020
- Event Description
The Special Cell of Delhi Police has booked Jamia Millia Islamia student Asif Iqbal Tanha under the stringent Unlawful Activities (Prevention) Act for allegedly being part of a larger conspiracy behind the February riots in northeast Delhi, officials said on Thursday. This comes days after the Delhi Police's crime branch arrested the 24-year-old in connection with the violence in the Jamia area during a protest against the Citizenship Amendment Act in December last year, they said. The police said Tanha, a resident of Abul Fazal Enclave in Shaheen Bagh, is a member of the Students Islamic Organization and was part of the Jamia Coordination Committee which spearheaded protests against the Citizenship Amendment Act. He was arrested on production warrant by the Special Cell of the Delhi Police on Tuesday and booked under the UAPA for being part of a larger conspiracy of the riots in Delhi, said a senior police official, who did not wish to be identified. "We had evidence and wanted him in a case that we were investigating. So we arrested him on production warrant on Tuesday and have been granted seven days of custody," he said. A court in Delhi on Wednesday had sent Tanha to seven days of police custody in the case related to communal violence in February in northeast Delhi during the protests against the Citizenship Amendment Act, after the police said his remand was required to unearth the entire conspiracy and to confront him with the electronic data collected during investigation. Jamia Coordination Committee members Safoora Zargar, Meeran Haider, President of Jamia Alumni Association Shifa-Ur-Rehman, suspended AAP Councillor Tahir Hussain have also been booked under the anti-terror law in the case. "The Crime Branch of the Delhi Police had arrested Tanha recently in a case registered at Jamia police station on December 16, 2019 in connection with riots in the Jamia area in which he was named as an accused," a senior police officer had earlier said. Tanha is a third-year student of BA in Persian language. He is a key member of the Jamia Coordination Committee and played an active role in organising protests and riots in Jamia in December 2019, police had said. He is a close associate of Umar Khalid, Sharjeel Imam, Meeran Haider and Safoora Zargar who had been key organisers of anti-CAA protests and subsequent riots, the police said. On December 15 last year, protesters had torched four public buses and two police vehicles as they clashed with police in New Friends' Colony near Jamia Millia Islamia during a demonstration against the amended Citizenship Act, leaving at least 40 people including students, policemen and fire fighters injured, officials had then said. Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control, leaving at least 53 people dead and around 200 injured.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Administrative Harassment, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- Student
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- May 23, 2020
- Event Description
Vietnamese police on Saturday (May 22) detained the acting president of the unsanctioned Independent Journalists Association of Vietnam (IJAVN) six months after the arrest of its president, a rights group and his family said.
Nguyen Tuong Thuy (pic), 68, was arrested on Saturday morning at his house in Hanoi on the charge of "conducting anti-state propaganda," Defend the Defenders, a non-profit NGO working for the promotion of human rights and democracy as well as assisting local activists at risk in Vietnam, reported.
Thuy, a retired veteran and an active blogger, is renowned for commenting on the government's policies and criticizing them for social injustice and corruption.
His family said a group of security officers blocked his private residence in Hanoi, confiscating the mobile phones of all members of the family, and started to search their house. Police seized his computers and other personal items and took him away.
"The recent arrests, including those of Mr Pham Thanh and Mr Nguyen Tuong Thuy, are part of the ongoing crackdown on local dissent prior to the party's 13th National Congress slated in January 2021," Vu Quoc Ngu, director of Defend the Defenders, said.
On Thursday, police arrested Pham Thanh, a former journalist for the Voice of Vietnam, on the same charge as Thuy.
Thanh, 68, has written several books and essays criticizing Vietnam's communist government and leaders, including a book self-published in 2019 harshly criticizing Communist Party General Secretary Nguyen Phu Trong.
Vietnam, a single party state, broadly bans dissent in its penal code.
The 88 Project, a US-based rights monitoring group, lists more than 200 political prisoners in Vietnam.
The country denies holding political prisoners.
- Impact of Event
- 2
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment, Raid
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security, Right to property
- HRD
- Blogger/ Social Media Activist, Family of HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- May 23, 2020
- Event Description
JNU students Natasha Narwal and Devangana Kalita, associated with Pinjra Tod, were sent to judicial custody by Metropolitan Magistrate Kapil Kumar after the police said their further custody was not required for the investigation.
A Delhi court on Thursday sent two women associated with Pinjra Tod' group, a collective of women students and alumni of colleges from across Delhi, to judicial custody for 14 days in a case related to communal violence in north east Delhi.
Pinjra Tod (Break the Cage) was founded in 2015 with an aim to make hostels and paying guest accommodations less restrictive for women students.
In 2015, Jamia Millia Islamia University had issued a notice restricting female students to stay out after 8 pm.
When the Delhi Commission for Women (DCW) questioned the Jamia administration on it, a group of women students decided to protest against the restrictions not only in Jamia but other universities in Delhi. Later named as Pinjra Tod, the group mobilised people around several issues faced by female residents of hostels and PGs.
JNU students Natasha Narwal and Devangana Kalita, associated with Pinjra Tod, were sent to judicial custody by Metropolitan Magistrate Kapil Kumar after the police said their further custody was not required for the investigation.
They are currently lodged in Mandoli jail here. Police had earlier told the court that their custodial interrogation was required to unearth the conspiracy behind the case and identify other accused in the case.
Advocate Adit S Pujari, appearing for the women, had told the court that the women were arrested in the case with a "malafide" intent.
They were arrested last Saturday in connection with a protest against the Citizenship Amendment Act in Jaffrabad area in February. On Sunday, they were granted bail by the court in the case.
Moments after the judge passed the order, the Crime Branch of the Delhi police had moved an application seeking to interrogate them and formally arrested them in a separate case related to the violence.
They had sought 14 days custody of the accused. The court had sent them to police custody for two days saying the investigation was at its initial stage.
The case, in which they were arrested on Saturday, was registered under sections 147 (rioting), 186 (obstructing public servant in discharge of public functions), 188 (disobedience of order by public servant), 283 (danger or obstruction in public way), 109 (abetment), 341 (wrongful restraint), 353 (assault or criminal force to deter public servant from discharge of his duty) of the Indian Penal Code.
The case in which they were arrested on Sunday was registered under section 147 (rioting), 149 (unlawful assembly), 353 (assault or criminal force to deter public servant from discharge of his duty), 283 (danger or obstruction in public way), 323 (voluntarily causing hurt), 332 (causing hurt to deter public servant from his duty), 307 (attempt to murder), 302 (murder), 427, 120-B (criminal conspiracy), 188 (disobedience of public servant's order) of IPC, relevant sections of the Arms Act and Prevention of Damage to Public Property Act.
Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.
- Impact of Event
- 2
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Student, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- May 21, 2020
- Event Description
Police in Vietnam�s capital Hanoi arrested a dissident writer and blogger on Thursday on charges of producing and distributing information opposing the government amid a deepening crackdown on freedom of expression in the one-party communist state.
Pham Chi Thanh, also called Pham Thanh, was taken into custody at 8:00 a.m. by a large group of police who burst through the door of his home, his wife Nguyen Thi Nghiem told RFA�s Vietnamese Service by phone.
�While my son was opening the door, many police came into the house, and I heard the noise and came downstairs,� Nguyen said.
�They asked me where my husband was, and I said he was on the fifth floor watering [bonsai] trees. Then they brought my husband downstairs, and the police said they had warrants to arrest him and to search the house.�
After the police read out their warrants, they seized two computers, a printer, and some documents, arrested Pham, and left the house at 10:00 a.m., Nguyen said, adding that she was so weakened and overwhelmed by anxiety during the arrest that she couldn�t hear clearly what Pham had been charged with.
Writing later on his Facebook page, another dissident writer said however that Pham had been arrested under Article 117 of Vietnam�s penal code for �producing, storing, and disseminating information and documents against the Vietnamese state.�
RFA has not been able yet to independently confirm the charge.
Critical books, essays
Born in 1952, Pham Thanh has written a number of books and essays critical of Vietnam�s communist government and leaders, including a book self-published in 2019 harshly criticizing Communist Party General Secretary Nguyen Phu Trong.
Dissent is not tolerated in Vietnam, and authorities routinely use a set of vague provisions in the penal code to detain dozens of writers, bloggers, and activists calling for greater freedoms in the one-party communist state.
Estimates of the number of prisoners of conscience now held in Vietnam�s jails vary widely.
New York-based Human Rights Watch has said that authorities held 138 political prisoners as of October 2019, while Defend the Defenders has suggested that at least 240 are in detention, with 36 convicted last year alone.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment, Raid
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security, Right to property
- HRD
- Blogger/ Social Media Activist
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Singapore
- Initial Date
- May 20, 2020
- Event Description
When is a photo a protest and a piece of cardboard a threat? Social worker and civil rights advocate Jolovan Wham will find out as he is now under formal police investigation over a photo of him holding a smiley face in public.
Wham said Wednesday that he has been ordered to report to Tanglin police, around two months after he took the photo in a show of solidarity with two youths under separate probes for photos they took of themselves demanding climate action.
�About 2 months ago, I held up a placard at Toa Payoh Central, took this picture and left immediately after. I�ve now received a letter that I�ve violated the Public Order Act and will have to be at Tanglin police division this Sunday at 2pm,� Wham wrote on Twitter.
�I did it in response to someone in sg who got investigated by the police for participating in a climate strike,� he added in another tweet today.
In response to Coconuts Singapore�s inquiries, the police said they were unable to comment further on the matter as it is the subject of an ongoing investigation.
On March 28, Wham posted a photo of himself with the smiley face online. It was taken outside the Toa Payoh Central Community Club, around the same spot where one of the climate activists had taken a photo.
It is illegal to hold public demonstrations without a permit in Singapore, even if it is just a silent protest involving one person. And the only public place Singaporeans have been granted a permit to do so is the Speaker�s Corner in Hong Lim Park.
Police said in April that they were investigating a 20-year-old man and an 18-year-old woman under the Public Order Act after photos of them posing in public with signs calling for climate action were posted online.
They were said to be founders of �fridays4futuresg,� a name that appears to be borrowed from a similarly named campaign by famed Swedish environment activist Greta Thunberg.
If convicted for his act of postmodern civil disobedience, Wham faces a S$3,000 fine.
In 2018, artist Seelan Palay was jailed two weeks after refusing to pay a fine after being convicted of an unlawful procession. He had walked from Hong Lim Park to the Parliament House while holding a mirror.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of expression Online
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- May 18, 2020
- Event Description
In the latest instance of harassment of the media for critical reporting, the Uttar Pradesh administration has lodged an FIR against Ravindra Saxena, a journalist at Today-24 news portal for reporting on the mismanagement and negligence at a quarantine centre in Sitapur district.
In a video report, Saxena spoke to people at a quarantine centre in Maholi tehsil of Sitapur district of eastern Uttar Pradesh, who alleged that they were served rotten rice.
�We had gone to meet the SDM Shashi Bhushan Rai for some news where we saw a person had come along with the rotten rice to make a complain[t] to the SDM. We spoke to him on camera and he told us how they were being served rotten rice at the quarantine center, but the authorities were not taking action. After this, we visited the quarantine center and made a detailed video of the mismanagement there,� Saxena told Newslaundry.
�The administration has filed a case against me through a Scheduled Caste trainee accountant Rishabh Gautam, in violation of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and the Disaster Management Act. The FIR has been registered on the orders of the CM,� he claimed.
Mahendra Aggarwal, president of the district unit of the UP Journalist Association, has submitted a memorandum to the district magistrate of Sitapur. No positive response has been received so far. �The FIR is done, it cannot be canceled, but we have stopped the arrest. The police will investigate further and report. They (journalists) have done such a thing, due to which the authorities have become angry,� he said.
Several attempts were made to speak to SDM Shashi Bhushan Rai, but he could not be reached out.
Since the imposition of lockdown, FIRs have been registered against journalists in Himachal Pradesh, Gujarat, Tamil Nadu and Andaman and Nicobar, among others, often for highlighting shortcomings in government.
In early April, the UP police had also filed an FIR against The Wire and its founding editor Siddharth Varadarajan for a news article on chief minister Yogi Adityanath. The Editors Guild of India has also recently expressed its concern over �a growing pattern of misuse of criminal laws to intimidate journalists in different parts of the country.�The Guild�s statement has specifically pointed out a sedition case filed by the Gujarat police against Dhaval Patel, editor and owner of a Gujarati news portal, and a notice sent to the Indian Express�s reported Mahendra Singh Manral by the Delhi police for his report that a police investigation had found that an audio clip of the leader of the Tablighi Jamaat could be possibly doctored. He has been asked to join the probe into this matter otherwise he would be charged under section 174 of the Indian Penal Code.
The Guild said that the police action in Gujarat and Delhi is deeply disturbing, �The government and police must recognise that the media is an integral part of the governance structure in any democracy. The guild condemns these actions and demands state and central governments to desist from misusing the law to threaten the free press.�
In the latest ranking of the World Press Freedom Index, India has slipped two places and is now ranked 142 among 180 countries of the world. The Centre has constituted an �Index Monitoring Cell� to understand India�s poor ranking in press freedom indices. The cell was set up soon after information and broadcasting minister Prakash Javadekar had said on May 3, World Press Freedom Day, that the Narendra Modi government would �expose, sooner than later, those surveys that tend to portray bad picture about �Freedom of Press� in India.�
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- #COVID-19, Online
- HRD
- Media Worker
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- May 18, 2020
- Event Description
Ms. P Ranganayakamma is a 66-year-old woman human rights defender, writer and critic has written extensively on issues relating to women and social justice. She has written 15 novels, 70 short stories, and many essays, publishing about 60 volumes in all. The main theme of her work isthe issue of gender equality for women. Most of her works have been published either in magazines or daily newspapers and subsequently published in the form of books.On May 7, 2020, styrene, a poisonous gas, leaked from a storage tank at LG Polymers plant at Vishakhapatnam, Andhra Pradesh. It led to the death of 12 people and affected the health of at least 450 people in Vishakhapatnam and 4 other villages around it. Several of them will face long term health complications. However, no arrests were made by the policefor the killings and causing life threatening health hazards. The South Korean company running the plant has not been held responsible for negligencein any manner whatsoever. In such a scenario, WHRD Ms. Ranganayakamma, wrote 20 questions on her Facebook page questioning the government for their inaction. Immediately after posting the questions, an FIR was filed against Ms. Ranganayakamma by the Crime Investigation Department (CID) of Andhra Pradesh police under Section 505(2) (making statements that create or promote enmity), 153(A) (indulging in wanton vilification), 188 (Disobedience to order duly promulgated by public servant) and 120-Br/w 34 (criminal conspiracy) of Indian Penal Code, and also under Section 67 (Punishment for publishing or transmitting obscene material in electronic form) of IT Act, 2008. On May 18, 2020, Ms. Ranganayakamma was arrested by the CID. The CID told the media that �action would be taken against those who post false comments against the State Government and misguide the public�. The above incident is a clear case of misuse of power by the police officials. The arrest of Ms. Ranganayakamma is an attempt to stop the senior citizen and WHRD from questioning the government and threaten all others from exercising their free expression. This is a clear violation of Article 19 of the Constitution which provides for free speech and power to express oneself to every citizen. The incident which took place has affected the lives of lot of people in the nearby areas and thus as a concerned citizen in a democracy she has the right to ask relevant questions to the government about the steps taken by them for the well-being of the people. By arresting her the state government not only tried to silence the her and other people questioning them but also tried to hide its failure to do any concrete investigation with respect to the gas leak.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Indonesia
- Initial Date
- May 15, 2020
- Event Description
Ratusan massa penggarap lahan PTPN II yang menamakan dirinya Serikat Petani Simalingkar Bersatu (SPSB), melakukan aksi demo ke kantor Bupati Deli Serdang, Kantor DPRD dan kantor BPN Kabupaten Deliser�dang, Senin (25/11).
Koordinator aksi, Arus Wiyono menilai, pemerintah daerah seolah tinggal diam dalam masalah konflik agraria pada lahan yang mereka klaim sudah diusahai sejak 1951.
Untuk itu, massa panggarap yang terga�bung dalam SPSB dalam orasinya me�ngusung poster dan spanduk yang isinya menuntut menghentikan darurat agraria khususnya di Simalingkar dan Pancurbatu, Kabupaten Deliserdang. Aksi mendapat pengawalan ketat pihak kepolisian dan Satpol PP Deliserdang.
Usai melakukan aksi di Kantor Bupati Deliserdang, massa bergerak ke kantor DPRD Deliserdang guna mendesak anggota DPRD Deliserdang segera membuat reko�mendasi kepada Bupati Deliserdang untuk mengesahkan tanah tersebut untuk petani, sebagai tindak lanjut dari kerja DPRD Deliserdang sebelumnya.
Kabag Sekretaris Perusahaan PTPN II, Irwan yang didampingi Kabag Hukum Pertanahan PTPN II, Kennedy Sibarani dan Humas PTPN II, Sutan Panjaitan, serta Sastra SH Mkn dan Dr Ali Yusran Gea SH Mkn MH selaku Kuasa Hukum PTPN II mengatakan, mereka menghormati aksi demo yang dilakukan para petani walaupun pihak PTPN II telah memenangkan gugatan petani di PTUN dengan putusan NO 119/G/2018 yang menyatakan gugatan petani sebagai penggugat tidak diterima dan dikuatkan lagi dengan putusan PTUN Medan no.146/B/2019.
Pihak PTPN II menghimbau masyarakat yang telah menguasai lahan yang masih bersertifikat HGU No 171 Simalingkar A dengan luas 854.26 ha berakhir tahun 2034 agar secara sukarela mengembalikannya ke pihak PTPN II yang diberikan amanah untuk mengelola aset Negara.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Cambodia
- Initial Date
- May 15, 2020
- Event Description
A journalist and radio station owner in Kampong Chhnang province was jailed on Friday on incitement charges in relation to his �exaggerated and inciting� news coverage and comments on a land dispute, officials said.
Sok Udom, owner of the 99.75 FM radio station and Rithysen news website, was provisionally detained after he was questioned in court and charged with incitement to commit a felony, said Chhuon Sivin, a provincial court spokesman.
�Sok Udom incited and provoked people to protest, accusing authorities of taking a military base and state land as personal property, which caused confusion and loss of trust in authorities and affected social security,� Sivin said.
The charge carries a maximum penalty of two years in prison and a 4 million riel fine (about $1,000). Freedom of the press, assembly and expression are protected rights under the Cambodian Constitution.
Udom was arrested on Wednesday for allegedly inciting people to occupy land in Phnom Oral Wildlife Sanctuary within the province, and then sent to court on Thursday, provincial police chief Khov Ly said.
�He broadcasted to incite people to encroach land in Phnom Oral Wildlife Sanctuary in Cheab commune,� Ly told VOD on Thursday. �That is a crime and a red-handed crime.�
The arrest came as the Information Ministry revoked Udom�s media license, describing the reporter�s posts on Facebook as �exaggerated and inciting� news that violated professional standards and could cause violence, racism, insecurity and chaos in society.
On Monday, Udom posted to his Facebook page, Rithysen, about an alleged illegal construction in Kampong Chhnang City, which he claimed was owned by a Vietnamese national.
He then posted a video of a protest on Tuesday in Teok Phos district�s Cheab commune, in which residents accused provincial authorities of grabbing land within the wildlife sanctuary.
�We want to question whether the provincial governor held a meeting to take the land from people who rely on it,� Udom said in the 50-minute video. �What you are doing is tearing apart [the people�s] votes in support of the government.�
Before he was arrested on Wednesday, Udom accused law enforcement of nepotism and corruption in another Facebook post.
Information Ministry spokesman Meas Sophorn said officials at the Kampong Chhnang provincial information department had warned Udom several times previously about his news broadcasts.
�After he was educated, we still have seen his broadcasts go against the code of journalism ethics, [and] violate the contract upheld by the Information Ministry and provincial information department,� Sophorn said. �So the ministry decided to cancel his license.�
Udom acquired a media license for the radio station in 2014 and for his website in 2018.
Mam Chhoeum, director of the provincial information department, referred questions to Phos Sovann, director of the ministry�s department of information and broadcasting, who could not be reached for comment.
Yon Sineat, a board member of CamboJA, an independent journalists� association that includes VOD staff on its board, said the Information Ministry�s decision to revoke Udom�s license before he was charged with a crime sent a threatening message to journalists reporting on the government and officials.
�Any media outlet that tries to critically report [on the government] in order to improve and develop society, provide accurate information for the benefit of the public and their ability to make decisions, or criticize in a constructive way, is not often welcomed [by the government],� she said. �Instead, they are frequently suppressed and threatened, leading to the imprisonment of some reporters. That is a direct threat to press freedom.�
Last month, the Information Ministry revoked licenses from two other online news outlets.
The online news outlet TVFB lost its license after its editor-in-chief, Sovann Rithy, quoted an excerpt from a speech by Prime Minister Hun Sen in which he said struggling motorbike taxi drivers should sell their vehicles because the government could not afford to help them through the ongoing economic slowdown. Rithy was also jailed on incitement charges.
At the end of the month, news website CKV TV Online, which is owned by Chan Rithy, also lost its media license after the Information Ministry said it violated its contract and professional standards.
Cambodia ranked 144th out of 180 countries in Reporters Without Borders� 2020 World Press Freedom Index, slipping one place from its rating last year.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- May 14, 2020
- Event Description
Chinese authorities must immediately release journalist Zhang Zhan, drop any charges against her, and ensure that the media can cover the coronavirus pandemic without fear of arrest, the Committee to Protect Journalists said today.
Zhang, an independent video journalist who had been posting reports from Wuhan on Twitter and YouTube since early February, went missing in the city on May 14, one day after she published a video critical of the government�s countermeasures to contain the virus, according to news reports.
On May 15, the Shanghai Municipal Public Security Bureau issued a notice stating that Zhang had been arrested and detained for �picking quarrels and provoking trouble,� and was being held at the Pudong Xinqu Detention Center, according to those reports.
If convicted, she could face up to five years in prison, according to the Chinese criminal code.
�China professes pride in its handling of the COVID-19 pandemic, but appears deathly afraid of allowing independent journalists like Zhang Zhan to freely tell the story of what is happening,� said CPJ Asia Program Coordinator Steven Butler, in Washington, D.C. �Chinese authorities should free Zhang immediately and allow her to continue the important work of documenting the impact of the disease.�
Since arriving in Wuhan in early February, Zhang posted videos including interviews with local business owners who were severely impacted by the pandemic, and with workers who struggled to find work in the city.
CPJ called the Wuhan Public Security Bureau for comment, but no one answered. An officer at the Shanghai Municipal Public Security Bureau told CPJ to call the Pudong Xinqu Detention Center for information about Zhang�s arrest. CPJ called the center, but no one answered.
Video journalist Chen Quishi, who traveled to Wuhan to report on the pandemic in late January, went missing after telling his family that he planned to visit a temporary hospital on February 6, as CPJ documented at the time.
Freelance journalist Li Zehua, who also went missing in the city after posting two live-stream videos claiming that state security agents were pursuing him on February 26, reappeared two months later claiming that he was quarantined by police because he had been to �sensitive epidemic areas,� according to news reports.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Abduction/Kidnapping, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- #COVID-19, Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Blogger/ Social Media Activist
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- May 14, 2020
- Event Description
Wei Zhongping, an activist, has been closely monitored in the past six months since he was released and was warned by authorities about his online speech. On Thursday, May 14, he was summoned by police on the charge of picking quarrels and provoking trouble and was still detained at dusk.
Wei had dropped off meals at the home of Liu Ping, another activist, on Thursday morning and was subsequently taken to the Ludong police station in Xinyu by auxiliary police. A police officer showed the summons paper, claiming it is due to his involvement in picking quarrels and provoking trouble. He was detained until that night. The neighborhood committee had also called Wei on the phone the day of his arrest, reminding him that he should report where he goes. Liu estimated that these two occurrences are related.
Liu said, �If he was released, he would contact us immediately. We hope that it can draw others� attention because we are vulnerable. We have been closely monitored since being released, and we can not send anything we want via our cell phones. The neighborhood committee checked in on us multiple times on the excuse of caring for us, asking where we will go.�
She also said that Xinyu�s state security officers with police and leaders of the neighborhood committee came to Wei�s home a couple of weeks ago, warning him, but she didn�t know details. Earlier on, state security officers and police came to Liu�s place as well, warning her not to post anything sensitive, and her WeChat account is often blocked. Liu posted something about the coronavirus on WeChat, and as a result, she received a warning.
Wei was beaten during his last detention, leading to a broken nose and ribs. He filed complaints but never received an explanation. As a result of the abuse, he has poor health and no money for doctor appointments.
On April 28, 2013, Wei, Liu, and fellow activist Li Sihua were arrested because they held banners at the entry of the complex where Liu lives, calling for the release of detained citizens. The three became known as the �Three Xinyu Gentlemen.� On May 7, they were criminally detained by the Xinyu police on the charge of inciting subversion of state power. Later, the charge was changed to �picking quarrels and provoking trouble,� �assembling a crowd to disturb public order,� and �utilizing a cult to obstruct law enforcement.� On June 18, 2014, Wei and Liu were both sentenced to six-and-a-half years and Li to three years. Wei and Liu were released on Oct. 27, 2019.
Wei, a 57-year-old originally from Xiaogan, Hubei, used to work for a steel company in Jiangxi province. He, as an independent candidate, participated in the election of deputies to the National People�s Congress in 2006. In 2009, he met Liu during a labor dispute lawsuit and sued the Xinyu Municipal Labor Supervisory Department for administrative violation on her behalf. He also worked to repeal his steel company�s retirement system.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment, Surveillance
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Kyrgyzstan
- Initial Date
- May 13, 2020
- Event Description
Reacting to the Supreme Court�s decision to uphold a regional court�s ruling not to review the life sentence of prisoner of conscience Azimjan Askarov, Marie Struthers, Amnesty International�s Eastern Europe and Central Asia Director, said:
�Today�s Supreme Court decision compounds ten years of deep injustice inflicted on a brave human rights defender who should never have been jailed.
�The conviction of Azimjan Askarov, an ethnic Uzbek wrongly imprisoned for his work documenting tragic ethnic violence in southern Kyrgyzstan in 2010, is a blatant example of the disproportionate prosecution of and unfair trials against Uzbeks after the violence.
�Kyrgyzstan�s authorities must immediately and unconditionally release Azimjan Askarov. They must lift this long-standing stain on their human rights record.�
Background
In September 2010, human rights defender Azimjan Askarov was sentenced to life imprisonment on charges of complicity in the murder of a police officer during ethnic violence in southern Kyrgyzstan in June that year. His trial did not meet international fair trial standards and the court refused to investigate allegations that he was tortured in detention.
In March 2016, the UN Rights Committee found that Azimjan Askarov was tortured and given an unfair trial. Since then his case has been reviewed three times by Kyrgyzstan�s courts, and each time they have either refused to consider the case or chosen to uphold his conviction and life sentence.
On 13 May 2020, the Supreme Court upheld the July 2019 court decision to reject the request to review Azimjan Askarov�s life sentence following changes to the Kyrgyzstani Criminal Code that came into force in January 2019. Under these changes, the purported crime of which Azimjan Askarov has been convicted no longer carries a life sentence.
Azimjan Askarov�s health has deteriorated significantly during his time in detention.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to health
- HRD
- NGO staff, Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Korea, Republic of
- Initial Date
- May 11, 2020
- Event Description
권영진 대구시장이 자신을 비판하는 논평을 낸 대구MBC 앵커를 명예훼손과 모욕 혐의로 고소했다.
대구MBC 라디오 ‘뉴스대행진’ 진행자인 이태우 기자는 11일 페이스북을 통해 권 시장에게 고소를 당했다고 밝혔다.
이 기자는 “권 시장이 몸소 나를 고소했다. 방송 클로징 멘트를 문제 삼았다”며 고소장을 공개했다. 이번 고소는 대구시와는 무관하다. 권 시장이 개인 차원에서 이 기자를 고소한 것이다.
권 시장은 지난달 7일 방송된 내용을 문제 삼았다. 이 기자는 이날 방송에서 권 시장이 발표한 대시민 담화문을 언급하며 “12일 만에 코빼기를 내민 권영진 대구시장이 전국적인 대유행을 대구에서 막았다고 자화자찬했다”고 논평했다.
이어 “대한민국 어디에도 없던 대유행을 대구만 겪은 거라고 저는 생각한다”며 “초기 대응이 성공적이었다는 대구시 평가보다는 실패한 늑장 대처 때문에 대구만 역병이 창궐했다는 말에 고개가 끄덕여진다. 실신했다던 대구시장 목소리는 너무 힘에 찼고 혈기는 왕성했다”고 덧붙였다.
앞서 권 시장은 언론중재위에 대구MBC의 정정·반론 보도를 요구했다. 대구시는 ‘12일 만에 코빼기를 내민 권영진 대구시장’과 ‘실패한 늑장 대처 때문에 대구만 역병이 창궐했다’는 표현을 문제 삼았다.
대구시는 “권 시장이 지난 3월 26일 과로로 쓰러진 후 5일 만인 3월 31일 저녁에 코로나19 종합점검회의 주재를 시작으로 업무에 복귀했다”는 입장이다.
‘실패한 늑장 대처 때문에 대구만 역병이 창궐했다’는 지적에 대해선 “질병관리본부에서도 대구지역 코로나19 대규모 확산의 원인은 신천지 대구교회의 집단 감염이라고 밝혔다”며 대구시의 대처 때문에 감염이 확산된 것이 아니라고 주장했다.
언론중재위는 대구시가 제기한 정정·반론 보도 신청에 대해 ‘조정 불성립’ 결정을 내린 상태다. 조정 불성립은 당사자 간 합의 불능 등 조정에 적합하지 아니한 현저한 사유가 인정될 때 내려지는 결정이다.
최민우 기자 [email protected]
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- #COVID-19, Online
- HRD
- Media Worker
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- May 8, 2020
- Event Description
On May 8, the People�s Court of Soc Son district in Vietnam�s capital city of Hanoi convicted two anti-corruption activists named Dang Thi Hue and Bui Manh Tien on allegation of �causing public disorders� under Article 318 of the country�s Criminal Code.
Specifically, they were sentenced to 15 months in prison each. Due to her 24-month probation sentence earlier, Ms. Hue has to serve her 42-month imprisonment in the coming years.
They were arrested in mid-October last year when they were trying to block the Bac Thang Long-Noi Bai BOT (build-operating-transfer) toll booth to protest its illegal fee collection. Their acts were simply civil but considered as criminal since the BOT toll booths belong to companies backed by senior state officials.
In May last year, Ms. Hue was beaten by plainclothes policemen of Soc Son district. Due to the assault, she suffered a birth miscarriage.
Hue is among dozens of activists speaking up against fee collecting of wrongly-placed BOT toll booths in many places in Vietnam, including the Bac Thang Long-Noi Bai BOT.
Many anti-BOT activists have been persecuted by plainclothes agents and thugs in recent months. Mr. Ha Van Nam and six others were convicted and sentenced to between 18 months and 36 months on the allegation of �disturbing public orders.�
So far this year, Vietnam�s communist regime has convicted four activists with a total of 11 years and three months of imprisonment and three years of probation. In addition, the regime has arrested seven activists, mostly on allegations in the national security provisions of the Criminal Code, raising the number of prisoners of conscience to 247 at least, according to Defend the Defenders� latest statistics.
- Impact of Event
- 2
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- Community-based HRD, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- May 7, 2020
- Event Description
Human rights watchdog Karapatan Rizal reported that their secretary general, Gloria Rodriguez and three other companions were temporarily detained on �violations� of the enhanced community quarantine in Antipolo, Rizal, May 7.
The group stated that Rodriguez, or Nanay Oya to her colleagues, 65, and her team were investigating reports related to a March 28 encounter between the Armed Forces of the Philippines and the New People�s Army. The encounter left two dead, with one missing. Karapatan Rizal responded to requests from family members of the missing individual, whose remains they suspect were taken by the military and eventually found on April 3, in Tanay, almost 80 kilometers away from the site of the encounter in barangay Puray, Rodriguez, Rizal.
Rodriguez and her team worked to recover the bodies for autopsy. They managed to secure a police report and a death certificate from the Rodriguez PNP on April 3, but were denied access to the remains. They have since continued to clamor and arrange documents for the release of the remains.
The group was filing necessary documents and had just come from the Philippine National Police Crime Laboratory in Taytay when they were stopped at a checkpoint in barangay San Jose, Antipolo by soldiers of the 80th Infantry Battalion, Philippine Army.
Although her group had quarantine passes signed by barangay officials, they were arrested on May 7 on alleged ECQ violations and detained at the Antipolo Municipal Police Station around 7:30 p.m.
No charges were filed and the group was released that same evening, 9 p.m.
Karapatan Rizal was quick to point out that the incident was only the latest in a series of �harassment and delaying tactics� performed by the 80th IB designed to �deny the family of their latest victim justice and hide their crimes.�
As of this writing, Rodriguez and her team are still trying to secure the remains of the deceased.
The group noted that the military has been �characteristically uncooperative� to their requests, instead opting to �pass [them] around from agency to agency in hopes of frustrating the fact-finding mission.�
Karapatan Rizal also reported cases of harassment done against the family and relatives of the dead, as well as the imposition of �unnecessary qualifications� to dispute the family�s claim.
�These are the tell-tale signs that the military is trying to cover up their tracks,� Karapatan Rizal said. �It�s almost sickening how the AFP can just play with the tragedies of their victims like it was a game.�
The March 28 encounter occurred well within the period of simultaneous unilateral ceasefire between the AFP and NPA. Both sides claim that the other broke their own ceasefires by launching an attack in barangay Puray.
In a statement, the 80th IB claimed that they were conducting �community work� when they were ambushed by �about 30 NPA fighters�, resulting in a firefight.
The National Democratic Front of the Philippines, however, disputed this. The NDFP said �sources within the military� stated that a team led by a Staff Sargeant Angot was conducting a patrol when they ambushed NPA members conducting a medical mission in the area.
�This is another addition to the 80th IB�s laundry list of human rights violations and crimes against the people of Rizal,� said Karapatan Rizal in a statement. �They are exploiting the pandemic and ECQ to spread fake news and black propaganda against the people�s clamor for mass testing and social amelioration.�
They condemned the 80th IB and called on them to �provide medical services and relief,� instead of �sticking to the fascism and harassment that they know.�
- Impact of Event
- 4
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Right to liberty and security
- HRD
- NGO staff, WHRD
- Perpetrator-State
- Armed forces/ Military
- Source
- Monitoring Status
- Pending
- Country
- Malaysia
- Initial Date
- May 7, 2020
- Event Description
Malaysian police questioned a reporter for a major regional newspaper on Wednesday over tweets about a migrant roundup as rights groups warned that the new government could be reviving old practices of media suppression.
Tashny Sukumaran, a staff writer for the South China Morning Post, was questioned for two hours at federal police headquarters in Kuala Lumpur, her lawyer said.
She is being investigated for allegedly sharing offensive and menacing content online as well as for intentional insults and provocation to disrupt the public peace, attorney Sin Yew New said.
�The government is harassing Tashny by investigating her for tweets made in the course of her duties as a journalist. This is an assault on press freedom by the government, which is absolutely vital in times of crisis like what we are facing currently,� the lawyer told BenarNews.
Sukumaran declined comment as she emerged from the building with her lawyer. The reporter is being investigated under Malaysia�s Communications and Multimedia Act and Section 504 of its Penal Code, Sin Yew New said.
The Post, a Hong Kong-based newspaper, did not immediately publish a report on the appearance by its reporter at police headquarters or issue a statement on Wednesday.
Her questioning by police occurred three days after the communications minister said the journalist had the right to publish her story.
In his official Twitter feed on May 3, Minister Saifuddin Abdullah said he had directed the Malaysian Communication and Multimedia Commission to not act against Sukumaran.
�I may not like your piece but I will defend your right to write it. Yesterday, (Health Ministry Director General Noor Hisham) has clarified the issue you raised � this is the way to do it. In this example, clarify and explain,� Saifuddin said in response to a tweet by Sukumaran over the investigation into her reporting.
Two days earlier, Sukumaran posted a tweet thread recounting her experiences at the Selangor Mansion area in Kuala Lumpur that was under the enhanced Movement Control Order (MCO) because of a coronavirus cluster identified there. The MCO is the Malaysian government�s name for its coronavirus lockdown.
�This is ridiculous. Hours after the announcement on relaxed measures, the authorities start arresting people left and right (despite) Malaysia not having beaten COVID-19 yet. Now migrant workers, refugees, and other vulnerable groups will go underground and not come forward even if ill,� she wrote.
�I am running out of fingers on which to count the human rights abuses that have transpired in just a few hours.�
A joint operation involving the Royal Malaysia Police, the Immigration Department, the Malaysian Armed Forces and the Ministry of Health was carried out at that site to contain the COVID-19 spread, according to authorities.
Speaking to national news agency Bernama on Saturday, Inspector-General of Police Abdul Hamid Bador said authorities launched the operation to ensure that no undocumented immigrants snuck out from identified areas and spread the disease somewhere else.
Ismail Sabri Yaakob, a senior minister for defense, said those detained were placed in humane conditions where social distancing was being observed.
On Sunday, Sukumaran responded to the communications minister�s tweet.
�I appreciate your gesture, but it doesn�t change the fact that I am still being harassed by the police for doing my job as a reporter,� she tweeted.
�I�m afraid it is not our job to write what the government likes. We write based on observation, interviews, fact,� she wrote.
She also highlighted other challenges faced by reporters, particularly those reporting for foreign media. Those challenges include being excluded from official communication channels such as the Prime Minister�s Office official WhatsApp group.
Ushar Daniele, a journalist working for a Middle East news network, echoed Sukumaran�s concern regarding lack of access.
�We have to rely on statements shared by peers from the local side of the industry,� Ushar told BenarNews.
Saifuddin could not be immediately reached for comment and the prime minister�s office did not respond to BenarNews regarding foreign media restrictions.
Media advocacy
Meanwhile as it marked World Press Freedom Day on Sunday, Malaysian media advocacy group Gerakan Media Merdeka (Geramm) cited Sukumaran�s case as it implored the government to not revive certain legacies of the Barisan Nasional government, which had ruled the country for decades.
�Restrictions against any media outlet from attending press conferences held at the prime minister�s office should not be revisited, even with the current limitation of ensuring adherence to the �social distancing� guidelines,� the statement said.
�Any COVID-19 prevention measures which has and will be taken must not be at the expense of the media�s role as a check-and-balance to the government,� Geramm said.
The Barisan bloc was defeated by the upstart Pakatan Harapan coalition in the 2018 general election on a promise to clean up government. But the Pakatan government collapsed earlier this year. It was replaced by a new ruling coalition headed by Prime Minister Muhyiddin Yassin and that includes the United Malays National Organization, the anchor party of Barisan Nasional.
Human Rights Watch was among groups that denounced the action against Sukumaran.
�The police made a patently absurd decision to call in Tashny Sukumaran for questioning on her news article about the May Day migrant arrests,� Phil Robertson, deputy Asia director for the rights watchdog, said in a news release. �A truly professional police force would have simply dismissed the complaint as having no grounds and told the complainants to go play politics somewhere else.
�Sadly, Malaysia�s government is dragging the country back towards its bad-old human-rights abusing past, when harassing independent journalists doing their job was a regular tactic to seek to contain press freedom.�
The questioning came weeks after Reporters Without Borders praised Malaysia under the Pakatan government for showing great improvement in its treatment of journalists. The country jumped 22 spots to land in 101st place out of 180 countries on the group�s 2020 World Press Freedom Index, released on April 22.
Malaysia outranked Southeast Asian neighbors including Indonesia, 119, the Philippines, 136, Myanmar, 139, Thailand, 140, Cambodia, 144, Brunei, 152, Singapore, 158, Laos, 172, and Vietnam, 175.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Enactment of repressive legislation and policies, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- #COVID-19, Online, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- May 7, 2020
- Event Description
Two activists of the Swaraj Abhiyan organisation, who have been distributing food to stranded workers in labour colonies in Bengaluru during the lockdown, were booked on May 7 after a complaint by a builder. R Kaleemullah and Zia Nomani have been charged under Sections 153 (provocation with intent to cause riots) and 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code (IPC).
�We had been going to the labour colonies to distribute food packets and ration supplies for many days. We knew they were getting restless. They were not being paid their wages, they were not getting proper food. When the government decided to start trains, we helped many of them register on the Seva Sindhu portal because they had no information otherwise,� said Nomani.
Kaleemullah said they had been pacifying the workers, and asking them not to hit the streets. �When the government decided to stop trains and we heard they were beginning to walk, we rushed to the labour colony in Veeranpalya to calm them down. We also said no one can force them to work. So, this FIR is simply harassment,� he said.
On the afternoon of May 7, when officials of the Sampigehalli Police Station arrived at the labour camp of the BL Kashyap construction firm to arrest Nomani and Kaleemullah, the workers protested and refused to allow the police to take them away.
�We had been distributing relief for many days there. So, the workers and nearby daily wagers, gathered there and protested. When they saw the resistance, the police backed off and asked us to come to the police station instead,� said Nomani.
The activist alleged they were being harassed under pressure from a builder lobby and, though they had been charged under bailable sections, they were not being granted station bail.
DCP Northeast Bheemashankar Guled said the complaint had been filed by the BL Kashyap firm. He also pointed to a tweet by the Migrants Workers Solidarity on May 7, which posted a video of migrant workers behind a gate, asking to be sent home. �Bangalore Manyata Park construction workers caged in after @BSYBJP cancels trains under #BuilderLobby pressure,� the tweet said.
�It was fake news. It was not a cage, but simply the gate. When we reached out to the builder and asked why the workers had been caged, they said it was a misrepresentation. So, we then asked them to file a complaint,� said Guled.
�Also, when Section 144 was in force, when there is a curfew in the city, there are videos of Somany and Kaleemullah addressing a big gathering of workers and canvassing. That is also a violation of the law,� he added.
Nomani said that neither he nor any member of his organisation had anything to do with the Twitter handle, or had retweeted or liked that post.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Right to fair trial, Right to liberty and security
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Myanmar
- Initial Date
- May 4, 2020
- Event Description
Six labor rights activists, including two union leaders from a factory in Yangon�s Dagon Seikkan Township, were jailed for three months on Monday for leading strikes which violated COVID-19 orders.
Since May, 2, more than 100 workers from the Blue Diamond bags factory have blocked the entrance to demand full wages during April, although operations stopped from April 19 to 30 due to government orders.
The strike was led by members of the unregistered All Burma Federation of Trade Unions (ABFTU).
Ma Thet Htar Swe of the ABFTU told The Irrawaddy that the authorities on Monday broke up the strike and arrested two leaders and four ABFTU members without holding any talks.
That evening factory union leaders Ma Zar Zar Htun and Ma Lay Lay Mar and ABFTU members Ko Kyaw Myo, Ko Myo Gyi, Ko Min Min Naing and Ko Thet Oo Maung were sentenced to three months in prison by the Dagon Seikkan Township Court under the Prevention and Control of Communicable Diseases Law, according to ABFTU.
On April 16 the government banned gatherings of five or more people under coronavirus preventative measures with the threat of up to six months in prison and fines.
Dagon Seikkan Township administrator U Zaw Naing Oo confirmed the prosecutions to The Irrawaddy.
Before the Thingyan holidays, Blue Diamond workers held strikes demanding their employer close the factory for a month with full pay to prevent the spread of COVID-19.
�There will be strikes for labor rights in the future. Our demands for rights cannot be halted by prosecutions,� said labor activists Ma Thet Htar Swe.
She said five other workers� leaders from the Rainwear House and Brightberg factories in Dagon Seikkan also were arrested last night over strikes held before Thingyan.
State Counselor Daw Aung San Suu Kyi told representatives of employers and labor unions via a video conference on April 22 that the government would take action against anyone violating COVID-19 restrictions.
- Impact of Event
- 6
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Labour rights defender
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Pending
- Country
- Indonesia
- Initial Date
- May 4, 2020
- Event Description
Activists have condemned the arrest of a journalist in Indonesia for reporting on a land conflict between a palm oil company owned by a powerful tycoon and indigenous groups in Borneo.
Police arrested Diananta Putra Sumedi on May 4 and charged him under a controversial 2016 law on electronic communications. The law has frequently been used to bring charges against individuals, including journalists, on the nebulous grounds that their writings or statements �cause offense.� Diananta faces up to six years in prison if convicted.
In a statement, the International Federation of Journalists called on the Indonesian police to release Diananta, the chief editor of the news site banjarhits.id and correspondent for investigative outlet Tempo.
�IFJ has seen continued efforts to criminalize journalists in Indonesia,� it said. �The Press Council has a clear complaints mechanism for solving disputes, and this has been ignored. IFJ urges the police to release Diananta immediately, respect decisions made by the Press Council and ensure the safety of journalists in the country.�
The case stems from a news report published by banjarhits.id and syndicated by the bigger news site Kumparan on Nov. 19, 2019, under the heading �Jhonlin seizes land, Dayaks complain to the South Kalimantan Police.� It quoted indigenous Dayak people in the village of Cantung Kiri Hilir, South Kalimantan province, as being critical of the palm oil firm Jhonlin Agro Raya (JAR). The company is part of the Jhonlin Group owned by tycoon Andi Syamsudin Arsyad, popularly known as Haji Isam, part of the large ethnic Bugis community that migrated to Borneo from the island of Sulawesi.
The report quoted Sukirman, a Dayak member, as saying that the alleged land grabbing by JAR could trigger conflict between the Dayak and Bugis communities. Sukirman also said in the article that Haji Isam had treated the Dayak people unjustly.
Following the article�s publication, Sukirman filed a complaint with the police, saying he had never said the things attributed to him. He also said he didn�t want to inflame ethnic tensions and preferred to resolve the land dispute amicably or through the courts.
He also complained to the Press Council, which mediates disputes over news reporting. The council ruled on Jan. 9 that the article breached the journalistic code of ethics, and on Feb. 5 it recommended that Kumparan publish a right of reply and delete the original article, explaining why.
JAR also reported Kumparan to the Press Council, leading to the news site taking down three articles related to the land conflict between the company and the villagers, including the one quoting Sukirman. The other two were headed �For the sake of palm oil, Jhonlin displaces the land of people in three villages in Kotabaru,� and �Dayaks in all Kalimantan will occupy contested land in Kotabaru.�
A Google search for the land conflict now yields no media coverage of the case, except stories about Diananta�s arrest. JAR did not respond to an inquiry by Mongabay.
Yet despite the Press Council having already ruled on the case, the police pushed on with the criminal complaint. They refused to release Diananta after his lawyers argued that his family depended on him for their livelihood and cited the risk of keeping him in a crowded jail cell amid the COVID-19 pandemic.
The police said Diananta might destroy evidence relating to the investigation if released. They also said he might publish more stories deemed �negative.� South Kalimantan police spokesman Mochammad Rifai said investigators had questioned all parties involved in the case, as well as experts, and concluded there were grounds for criminal charges.
The Alliance of Independent Journalists (AJI), the Indonesian affiliate of the IFJ, condemned the continued detention in the wake of the Press Council�s resolution and the compliance of the respective media outlets.
�According to the memorandum of understanding signed by Press Council and the Chief of National Police, it is clear that every dispute related with journalism should be settled in the Press Council,� AJI said. �AJI condemns the arrest which shows the fact that police neglected the MoU and do not respect the press freedom.�
This isn�t the first time a journalist�s coverage of Haji Isam�s Jhonlin Group has landed them in hot water. In 2018, Jhonlin subsidiary PT Multi Sarana Agro Mandiri (MSAM) filed a police complaint against Muhammad Yusuf over at least 23 online news reports about a land conflict involving the company.
Parts of MSAM�s concession in Pulau Laut, a small island off the coast of South Kalimantan, are claimed by several other firms as well as by farmers who accuse the company of bulldozing their crops to make way for its plantation, which Yusuf reported on. Police arrested him on the same charges under the electronic communications act as Diananta. Yusuf died of a heart attack after more than a month in custody.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Bangladesh
- Initial Date
- May 3, 2020
- Event Description
A Bangladeshi journalist reported missing in March as cases were being filed against him under the Digital Security Act is now in jail after officials said they found him near the border with India.
Border guards on Sunday arrested Shafiqul Islam Kajol, 51, as he walked into Bangladesh from India with no passport. Police brought him to a court in southwestern Jessore district, on the West Bengal border, and he was sent to jail, according to multiple accounts.
Bangladesh Home Minister Asaduzzaman Khan Kamal, who oversees both police and the border guards, said Monday that he was flummoxed by the case.
�Actually, I do not know where he had been for 54 days. But he was arrested from the Benapole border while coming to Bangladesh from India. We have to investigate,� Khan told BenarNews.
�I spoke with my father. I do not know where he had been for 54 days. Now, our main target is to get him out of jail,� Kajol�s son, Monorom Polok, told BenarNews.
According to his lawyer, Kajol was initially granted bail on a charge of illegal entry, but was then rearrested under Section 54 of the Bangladeshi criminal code, which allows detention of a person based on �reasonable suspicion.�
�The court granted him bail for the intrusion case. Later, police told the court they had again arrested Kajol ... as he faced three cases under the Digital Security Act in Dhaka,� lawyer Debashish Das told BenarNews.
�The judge asked police to submit an updated report on existing cases against Shafiqul by May 19, and then he will rule about it,� Das said.
Missing since early March
Kajol, a photojournalist and editor of the fortnightly magazine Pokkhokal, had been missing since March 10, a day after a lawmaker with the ruling Awami League lawmaker Saifuzzaman Shikhor filed a criminal defamation suit against him and 31 others.
Awami League activists filed two more cases against Kajol on March 10 and 11. One of them accused Kajol of committing extortion by �obtaining information illegally� and publishing �false, intimidating and defamatory� material on Facebook and Messenger, according to Amnesty International.
The Digital Security Act, which went into effect in September 2018, includes harsh prison sentences for online defamation, insulting a person�s religion and other offenses. Critics have complained that it impedes free speech.
The Committee to Protect Journalists, a press freedom advocacy group, on Sunday urged police to release Kajol and drop all charges against him.
�Bangladesh police must immediately put an end to the long ordeal of journalist Shafiqul Islam Kajol, missing for 53 days, and release him from custody,� said Steven Butler, CPJ�s Asia program coordinator.
�Kajol is a victim, not a criminal. It�s an abuse of authority to subject Kajol to detention and interrogation.�
Kajol resurfaced on World Press Freedom Day, Amnesty International noted in a separate statement. It said that while many governments were justified in combatting misinformation about COVID-19, some were using the moment �as a pretext to crack down on critical voices.�
In Bangladesh, �at least 20 journalists have been recently intimidated, assaulted or harassed by members of the ruling party, and in some cases detained and accused of criminal offenses by the police for reporting pilferage, corruption and lack of accountability in the relief distribution meant for the poor during the lockdown,� it said, citing the Forum for Freedom of Expression, Bangladesh.
Amnesty noted that BenarNews itself had been blocked since it reported on an internal U.N. memo leaked in late March estimating that Bangladesh could see as many as two million deaths as a result of the pandemic without interventions.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Apr 30, 2020
- Event Description
Chinese authorities must immediately and unconditionally release journalist Chen Jieren and his family members and associates, who have been prosecuted over Chen�s exercise of his right to free expression. A Chinese court handed down a 15-year prison sentence on April 30, 2020 to Chen Jieren (???) apparently to punish him for his political speech on WeChat and other social media platforms. After being sacked from various state newspapers including Southern Weekend, China Youth Daily, Beijing Daily, and People�s Daily, Chen published online commentaries and investigative reports on social media, including WeChat and Weibo channels called �Jieren Observation Viewpoint� and �Jieren Observation Heights.�
Guiyang County Court in Hunan Province convicted Chen Jieren of �picking quarrels and provoking trouble,� �extortion and blackmail,� �illegal business activity,� and �bribes� and handed down a 15-year prison sentence and 7.01 million RMB (990,000 USD) fine. The court also convicted his brother Chen Weiren (???) of �picking quarrels� and �extortion and blackmail� charges and sentenced him to four years in prison and a fine of 10,000 RMB (1,400 USD). An associate, Liu Min (??), was exempted from criminal penalties after being convicted of �picking quarrels.�
The Court statement said that Chen �used the information network to publish false or negative information, maliciously exaggerate certain mass incidents, attack and vilify the [Chinese Communist] Party and the government, judicial organs and their staff, instigate troubles, and extort public and private property.�
Hunan authorities violated Chen Jieren�s right to a fair trial. Chen and several of his family members and associates disappeared a few days after he disclosed on his social media channels alleged corruption by local CCP officials in late June-early July 2018. His detention was only confirmed on July 7. On July 16, 2018, Chenzhou City Supervisory Commission told Chen�s lawyers that Chen and his brother were under investigation by the Supervisory Commission and being held in �residential surveillance at a designated location� (RSDL). The brothers� lawyers were denied visits during the RSDL period. On November 12, 2018, Chen Jieren was criminally detained and formally arrested on November 20.
In August 2018, Chinese state media launched a smear campaign, accusing Chen of various crimes and quoted police as saying that his online speech �sabotaged the reputation of the Party and the government and damaged the government�s credibility.� State media published Chen�s �confession� while he was incommunicado in a secret detention facility under RSDL.
Chen graduated from Tsinghua University Law School and previously worked as a reporter for Chinese state newspapers. Chen was fired from China Youth Daily in 2003 for uncovering a prostitution ring involving students at Wuhan University which caused a scandal; he was demoted as editor-in-chief of China Philanthropy Times for criticising a government portal in 2006; and in 2011, sacked from his position in at People�s Daily Online�s Jiangsu Window for �too much criticism of the government.�
Chen�s heavy punishment sends a chilling signal to online independent commentators and citizen jounalists. In 2018, China�s Cyberspace Administration launched a crackdown on �self-media� and ordered hundreds of thousands of social media accounts to be deleted for spreading �politically harmful information� or �vulgar� content. Individual accounts on social media are widely used to post news stories or comments in China. Such publication venues are not registered with the government, though heavily censored, have allowed some independent reporting for at least a short period of time.
China is one of the worst countries in the world for press freedom. It was ranked #177th out of 180 on Reporters Without Border�s 2020 �World Press Freedom Index.� According to a 2019 report from the Committee to Protect Journalists, China is the 5th most censored country in the world. Both press freedom watchdogs have called for Chen Jieren�s release.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Censorship, Denial Fair Trial, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Media freedom, Online, Right to fair trial, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Apr 29, 2020
- Event Description
Meanwhile, police detained activist Xie Wenfei on April 29 on suspicion of "picking quarrels and provoking trouble."
Xie is a veteran rights activist in China's Hunan province. He recently has criticized the detention of three young volunteers who archived censored information about COVID-19 online, and questioned the disappearance in Wuhan of citizen journalists Chen Qiushi and Fang Bing. He also signed an online petition to honor the COVID-19 whistleblower Dr. Li Wenliang.
"This is not the first arrest," his brother Xie Qiufeng told VOA. "The police didn't tell me anything specific. I think it's about what he had posted on WeChat again."
Born in 1977, Xie Yunfei is a veteran activist who has been detained many times for exercising his rights to freedom of expression and peaceful assembly over the years. He previously served a 4.5-year prison sentence for supporting the 2014 Occupy Central protests in Hong Kong.
Xie's friend Ou Biaofeng, who is also an activist, told VOA that he's not surprised about Xie's arrest.
Ou said that in recent years, the government has severely reduced the space for civil liberties by rounding up rights lawyers, labor activists and citizen journalists. He added that anyone who expresses a slightly different opinion online will have their account blocked immediately.
"The pro-democracy movement in China has entered a freezing winter because of the crackdown," he said. "The pressure is just enormous. Also, for the past year or two, there's been less and less support of civil movements. It's quite sad."
The press freedom group Reporters Without Borders ranked China near the bottom of its 2020 press freedom index. The group said President Xi is tightening control over news and information and trying to export the country's oppressive surveillance systems.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Online, Right to information, Right to liberty and security
- HRD
- Blogger/ Social Media Activist, Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Apr 29, 2020
- Event Description
Hong Kong independence activist Edward Leung Tin-kei has lost an appeal against his six-year jail sentence for rioting in one of the city�s busiest districts four years ago.
The Court of Appeal on Wednesday also ruled against Lo Kin-man and Wong Ka-kui, who were jailed for seven years and 3� years respectively for rioting on the same night of February 8, 2016, in Mong Kok.
In rejecting the applications, Mr Justice Jeremy Poon Shiu-chor said the trial judge was entitled to pass punitive and deterrent sentences on the trio, whose rioting offences had an immediate and extremely serious impact on the rule of law.
�Sentencing for the offence of riot must reflect the law�s determination to maintain public order, and send a clear message to society and the public that the law does not condone the breach of public order by means of violence,� Poon said, adding that one�s personal belief could not be a mitigating factor.
Poon, chief judge of the High Court, said the offences Leung, 28, committed were extremely serious as he had witnessed how the events unfolded but chose to remain at the scene despite the escalating violence.
He said that, while the trial judge did err in assessing Leung�s liability in the unrest, his overall jail term was not manifestly excessive given the severity of the offence.
The court also dismissed the appeals by Lo and Wong against their sentences, and Lo�s separate appeal against his conviction.
Leung�s lawyers said they would study the appeal court�s judgment before determining whether to lodge a final appeal at the top court. He was expected to serve out his sentence in January 2022.
Leung was the poster boy for the city�s pro-independence movement and the former convenor of the group Hong Kong Indigenous.
He rose to prominence while running in the 2016 Legislative Council elections, but was subsequently banned from taking part for advocating Hong Kong independence, and was jailed in 2018 for his role in the riot.
Leung and Lo were both convicted of rioting during the Mong Kok unrest, which erupted on the first night of the Lunar New Year. Leung and Wong also pleaded guilty respectively to assaulting a police officer and rioting.
During the trial at the Court of First Instance, prosecutors said the riot started out as a scuffle between hawker control officers and street vendors, but quickly descended into violence, during which some 500 protesters set fires on the streets and threw bricks and other objects at police.
A jury found Leung guilty of taking part in a riot on Argyle Street, where he also attacked a traffic officer with a wooden board. The jury also found Lo guilty of rioting on Portland Street at an earlier time.
Madam Justice Anthea Pang Po-kam, who jailed the trio, said the mass unrest was �organised violence� which could not be mitigated by a person�s political aspirations.
At the appeal court, lawyers for the trio argued their sentences were excessive.
Leung�s lawyers said Pang had wrongfully taken into account various aggravating factors in her sentencing consideration, including Leung�s presence in the riot on Portland Street although he was not convicted of taking part.
But the contention was rejected by Poon and appeal justices Carlye Chu Fun-ling and Derek Pang Wai-cheong.
The judges observed that, having witnessed how protesters clashed with police on Portland Street, it was only reasonable for Leung to infer that protesters on Argyle Street would launch similar attacks on officers there, but he still chose to take part.
While accepting that the trial judge was wrong in making Leung liable to an arson incident near the scene despite his lack of involvement, the judges said Leung�s sentence was justified given he had joined a group attack against officers for no reason.
�Even if [Leung�s] motive was to protect local traditions and culture, this could not lessen his culpability for rioting and unjustified use of serious violence on a police officer,� Poon said as he explained the ruling on behalf of the court.
The disturbance in Mong Kok saw 91 people, aged 14 to 70, arrested for rioting, taking part in an unlawful assembly, assaulting police officers or other offences. Of those, 64 were charged and 33 convicted.
Leung still had some supporters while in prison. Last year, he made an emotional appeal from behind bars, urging Hong Kong protesters �not to be dominated by hatred� amid the escalating unrest triggered by the now-withdrawn extradition bill.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Apr 28, 2020
- Event Description
On 28 April 2020, an environmental rights defender was sued by an industrial waste management company for complaining about its environmental impact in Thailand.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Offline, Right to healthy and safe environment
- HRD
- Community-based HRD, Environmental rights defender
- Perpetrator-Non-State
- Corporation (others)
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Apr 28, 2020
- Event Description
Vietnamese authorities on Tuesday sentenced a young Facebook user to a five-year prison term on charges of spreading propaganda against the state for his online postings amid a deepening crackdown on freedom of expression in the one-party communist state.
Phan Cong Hai, 25, was convicted in the People�s Court of the central province of Nghe An under Article 117 of Vietnam�s 2015 Penal Code following a two-hour trial unattended by lawyers. He was the second Facebook user to be jailed in Vietnam this week and the latest in a heavy-handed campaign to censor what the 65 million users of the social platform can write or read.
Speaking to RFA�s Vietnamese Service following the trial, Phan�s father Phan Cong Binh said that he had seen his son only once following Phan�s Nov. 19 arrest after evading capture by police for almost six months.
�I was able to meet my son briefly on Dec. 24, 2019, but we couldn�t speak freely because the police were standing right next to us,� he said, adding that travel restrictions due to the COVID-19 pandemic have made it difficult to see Phan more frequently.
�Now, our family really doesn�t know what to do,� he said.
According to the indictment filed against him, Phan was identified by Nghe An police as the user of a Facebook account set up under the name Hung Manh which described efforts by Vietnamese youth to �offend the image� of the government and of Vietnamese Communist Party founder Ho Chi Minh.
The Facebook page came to the attention of the province�s Do Thanh High School in late 2018, and school authorities contacted police who issued a warrant for Phan�s arrest and began a nationwide search in May last year which ended when Phan returned to his native Ha Tinh province in November after taking refuge in Thailand.
Meanwhile, Vietnam�s Ninh Kieu District Court in Can Tho City on Monday handed another Facebook user an 18-month prison term for sharing a story on Facebook in January about a deadly government crackdown during a politically sensitive land dispute at the Dong Tam commune outside Hanoi.
Chung Hoang Chuong, better known by his nickname Lucky, was found guilty of �abusing democratic freedoms to infringe upon the interests of the State, lawful rights and interests of organizations and/or citizens� in violation of Article 331 of the Vietnamese Penal Code.
Facebook under fire
Facebook has come under fire from Vietnamese and international rights activists after the social media giant publicly admitted it has agreed to help communist authorities censor posts critical of the government.
On April 21, two Facebook employees told the Reuters news agency that the company�s servers in Vietnam were taken offline for about seven weeks earlier in the year until Facebook agreed to government demands to remove posts considered by authorities to have criticized the communist state.
In a statement condemning Facebook�s decision to comply with government demands, Amnesty International Human Rights Advisor William Nee warned that �governments around the world will see this as an open invitation to enlist Facebook in the service of state censorship.�
�The Vietnamese authorities� ruthless suppression of freedom of expression is nothing new, but Facebook�s shift in policy makes them complicit,� he added.
In an emailed statement to RFA on April 22, Facebook spokesperson Amy Sawitta Lefevre defended her company�s action, saying that though freedom of expression is a fundamental human right, Facebook risked being blocked by authorities in Vietnam if the company refused to comply.
�We have taken this action to ensure our services remain available and usable for millions of people in Vietnam, who rely on them every day,� Lefevre said.
Vietnamese activist Tran Bang said that Facebook�s decision to bow to government demands �will block the ears, mouths, and eyes of Vietnam�s people, just as if there was no Facebook here at all.�
�Tens of millions of Facebook users have posted news from many different sources, helping people access truthful information about politics, society, and the economy," he told RFA on April 27.
"By blocking and removing stories in accordance with the authorities� requirements, [Facebook] is complicit with the dictatorship in violating human rights and freedom of expression in Vietnam."
�This means that Facebook is no different from the communist police,� he said.
Refining repression
In a report this year, the media freedom watchdog Reporters Without Borders (RSF) said that �as Vietnam�s citizens become increasingly engaged online, the authorities have been refining their digital repressive methods.�
The NGO said Vietnam�s army has created �a 10,000-strong military cyber-warfare department called �Force 47,� which is tasked with defending the Party and targeting dissident bloggers.�
�Under a new cyber-crime law that took effect in 2019, foreign online platforms are required to store their Vietnamese user data on servers in Vietnam and surrender it to the authorities when required,� RSF added.
Facebook user Dinh Van Hai told RFA that Facebook had been forced to cooperate with authorities to avoid being blocked behind a firewall. �But for me, Facebook must continue to prioritize freedom of the news as its top goal,� he said.
Though smaller social media networks have recently been set up in Vietnam, these typically block content widely shared on Facebook and are not widely used, Ha Hoang Hop�a researcher at Singapore�s Institute of Southeast Asian Studies�told RFA in a text message sent on April 27.
�Vietnamese social networks have not attracted as many users as Facebook, and they can�t compete,� he said.
No room for dissent
Vietnam, whose ruling Communist Party controls all media and tolerates no dissent, ranks 175th of 180 countries on the 2020 RSF�s World Press Freedom Index.
�As Vietnam�s media all follow the Communist Party�s orders, the only sources of independently-reported information are bloggers and independent journalists, who are being subjected to ever-harsher harsh forms of persecution,� said RSF.
�To justify jailing them, the Party resorts increasingly to articles 79, 88 and 258 of the criminal code, under which �activities aimed at overthrowing the government,� �anti-state propaganda� and �abusing the rights to freedom and democracy to threaten the interests of the state� are punishable by long prison terms,� it said.
Vietnam has also been consistently rated �not free� in the areas of internet and press freedom by Freedom House, a U.S.-based watchdog group.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Blogger/ Social Media Activist, Pro-democracy defender
- Perpetrator-State
- Government, Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Cambodia
- Initial Date
- Apr 28, 2020
- Event Description
We the undersigned groups decry the harassment of community representatives from across Cambodia on Tuesday, April 28. These community representatives were arbitrarily detained for seven hours and interrogated while trying to submit a petition asking for additional government assistance to vulnerable communities during the Covid-19 crisis. More than 30 community representatives from across Cambodia gathered in Phnom Penh to submit the petition, which has life-saving requests such as asking the government to distribute medical supplies to vulnerable communities; suspend debts from microfinance institutions (MFIs) and private money lenders; and provide direct economic assistance, including suspending rental fees for poor and informal workers and providing stay-at-home payments. During this process, community representatives were repeatedly asked by authorities, including police officers, what organisations were �behind� this petition, who authored the petition, and were questioned about whether they really faced the problems listed. Many questions focused on the community members� microfinance debt, and some representatives were asked about their personal financial situation and were required to provide proof of debts to MFIs to district authorities. At least two community representatives were additionally summonsed and harassed after they returned home to their communities by local authorities. These interrogations are insulting and appear predicated on the mistrust of vocal communities who actively exercise their right to freely express themselves. They ignore the reality that independent communities across Cambodia have advocated for their rights for decades, in particular around crucial issues such as land rights. This harassment is unjustified and should never have taken place, particularly when the Interior Ministry has repeatedly claimed that grassroots communities have the right to conduct activities free from disturbance and in accordance with the law. On the morning of April 28, community representatives gathered in Phnom Penh but were denied permission to submit the petition to the Council of Ministers. They were instead directed by authorities to Prime Minister Hun Sen�s Cabinet, but officials there declined to accept the petition because it was addressed to the Council of Ministers. Copies were successfully delivered to the Ministry of Health and Ministry of Economy and Finance. The petition was signed by 141 communities across the country and seeks to address the health and economic impacts of the Covid-19 virus, which disproportionately affect vulnerable communities in rural areas as well as Phnom Penh. It notes that government schemes such as ID Poor are not yet comprehensive or fully effective, and encourages the government to take a more holistic approach to fighting the economic impact of the virus. It also includes a call for an immediate halt on all evictions during the Covid-19 crisis in order to protect community members and authorities from the virus. After meeting with authorities and police officers at Hun Sen�s Cabinet, nine community members were asked by officials to discuss the petition further at the Daun Penh district office at around 3:00 p.m. They were detained in the district office for more than 7 hours, denied permission to leave and were never provided legal justification for their detention. During their detention, they faced interrogation from authorities until after 10:00 p.m. Some representatives were deliberately singled out and questioned individually, and then had answers compared to other representatives � interrogation techniques more
commonly used on criminals, not peaceful petitioners. Some representatives were also ordered to unlock and hand over their smartphones, and were questioned repeatedly about who authored the petition, as well as their personal financial relationships with MFIs. At the end of the interrogation, community representatives were coerced into thumbprinting documents that seek to restrict their right to continue advocating on behalf of their communities prior to being allowed to leave the district office. These community representatives should have been welcomed by their government and treated with dignity while they shared the legitimate concerns of tens of thousands of community members across Cambodia. The community representatives set out with the intention to inform their government about the problems in their communities and never demanded anything other than that their requests be considered in the government�s response to Covid-19. We strongly decry their treatment at the hands of authorities.
- Impact of Event
- 7
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- #COVID-19, Offline, Right to healthy and safe environment, Right to information
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Thailand
- Initial Date
- Apr 28, 2020
- Event Description
An anti-mining villager was summoned by the police in Chaiyaphum Province on Tuesday (28 April 2020) after joining the Network of People Who Own Mineral Resource, a nationwide network which monitors impacts of mining projects on communities, and reading out a statement demanding the government and private sector to put on hold any mining activities during the period when restrictions are imposed to combat spread of Covid-19.
The group stated that even though the draconian Emergency Decree is being enforced to prevent citizens from public activities and gatherings, mining companies still continue their mining activities including mining surveys, operations and approval processes during this pandemic, which affect community members in terms of their rights and participation, as well as health concerns.
Sunthorn Duangnarong (who identifies herself as female), an LGBT+ and community human rights defender from the Rak Bamnet Narong Conservation Group based in Bamnet Narong District, Chaiyaphum Province, was visited by 7 police officers in 3 cars from Hua Thale Police Station in Bamnet Narong District at around 10 am on Tuesday, 28 April 2020, as she was doing agricultural work in the field.
Earlier that day she had joined about 20 other community members, whilst practicing physical and social distancing, in reading out a statement calling on the government and private mining companies to put on hold any mining-related activities for as long as the Covid-19 restrictions are in place. This activity was recorded on camera and subsequently uploaded on the Network�s campaign Facebook page on the morning of 28 April 2020.
She was arrested and taken to Hua Thale Police Station and was examined by the police without her lawyer being present, or there being any official summons.
We were informed that the Internal Security Command Operations (ISOC) and police in Bangkok found the video clip online and ordered the Hua Thale police to investigate the matter. The police officers informed Sunthorn that they were only examining her as a witness to gather evidence, and would not yet press any charges against her.
However, the police informed her that she may later be charged for violating: 1) the Public Assembly Act as the authorities were not notified beforehand, where the maximum penalty is a fine of 10,000 baht; 2) the Emergency Decree, where the maximum penalty is a fine of 40,000 baht and/or a jail sentence of 2 years; and/or 3) the Communicable Diseases Act, where the maximum penalty is a fine of 20,000 baht.
During the questioning, the police also allegedly made threats against her, asking her not to post such online messages again, otherwise the charges �may arrive faster to you,� according to a community member who witnessed the interview.
Protection International Thailand deplores such actions as they violate the people�s rights to exercise their freedoms, including the freedoms of expression and peaceful assembly.
The government must not exploit the pandemic situation to increase the sufferings of the people by intimidation and/or prosecutions of human rights defenders.
The government should not use the draconian Emergency Decree to quash dissent, control the population, or as a means to perpetuate their time in power, as was recommended by UNOHCHR to the government on 27 April 2020. UNOHCHR also emphasized that undermining freedom of expression �may do incalculable damage to the effort to contain COVID-19 and its pernicious socio-economic side-effects.�
Judicial harassment, violence and intimidation against women human rights defenders has increased. Protection International was alarmed by the spike in the number of Women Human Rights Defenders (WHRDs) who face judicial harassment following the 2014 coup. In 2017, PI reported to CEDAW that 179 community-based WHRDs had been taken to court. Since then, the number of WHRDs in this situation has risen to 440 (2020) despite the recommendation of the CEDAW Committee that the Thai government end judicial harassment of WHRDs.
Many of these are SLAPP lawsuits against community WHRDs, the majority whom are poor urban women facing eviction because of their actions in defending land and natural resources. Thailand, as a signatory to the International Covenant on Civil and Political Rights, is duty bound to protect the freedom of expression of its people by ensuring that its laws are aligned with international human rights laws and standards.
Thailand must end judicial harassment of human rights defenders and we call on the State not to use emergency declarations during the COVID-19 crisis to impose wholesale restrictions on freedom of peaceful assembly and association. The government and law enforcement agencies must act to prevent human rights abuses.
We reiterate the demands of the Network of People Who Own Mineral Resources that restrictions to deal with the Covid-19 pandemic be also enforced on all mining-related activities. People�s rights and freedoms must never be violated. The government must protect those who speak up about mining operations and their impacts on communities, and ensure non-suppression of HRDs who play a very important role in continuing to care for their livelihoods, communities, society, and the environment.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Administrative Harassment, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- #COVID-19, Freedom of assembly, Offline, Right to healthy and safe environment
- HRD
- Environmental rights defender, SOGI rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Apr 27, 2020
- Event Description
The People�s Court of Ninh Kieu district, Can Tho City on April 27 convicted local resident Chung Hoang Chuong of �abusing democratic freedom� under Article 331 of the country�s Criminal Code for his post on Facebook, Defend the Defenders has learned.
The court sentenced him to 18 months in prison in the trial the defendant has not been protected by his own lawyer while his wife was informed about the first-instance hearing just 20 minutes before it started.
Mr. Chuong, 43, was detained on January 11 this year. According to the indictment, Mr. Chuong has conducted online activities on his Facebook account Ch??ng May M?n where he wrote or shared numerous statuses regarding hot issues Vietnam, including human rights abuse, serious nationwide environmental pollution, systemic corruption and the government�s weak response to China�s violations of the country�s sovereignty in the East Sea (South China Sea). His latest statuses on his Facebook page were about the military attack in Dong Tam commune carried out by the Ministry of Public Security and the Hanoi Police Department in the early morning of January 9 in which police killed at least two civilians.
His wife reported on her Facebook page that during the trial, the procuracy representative said Chuong should not write about the Dong Tam assault, because it is the issue of Hanoi and the capital city�s authorities are responsible for settle it.
Mr. Chuong has been the second Facebooker being detained for their online activities amid increasing crackdown on the local dissent. After him, Vietnam�s security forces arrested three others on different allegations. Ms. Ma Phung Ngoc Phu was charged with the same allegation while Ms. Dinh Thi Thu Thuy and Dinh Van Phu were alleged with �conducting anti-state propaganda� under Article 117 while former prisoner of conscience Tran Duc Thach was charged with subversion.
Since the Cyber Security Law become effective in early 2019, Vietnam has arrested more than two dozens of Facebookers on allegations of �conducting anti-state propaganda� and �abusing democratic freedom� in the National Security provisions of the Criminal Code, and sentenced 17 of them to between one and 11 years in prison, according to Defend the Defenders� statistics.
Along with arresting Facebookers and charging them with controversial criminal offenses in the national security provisions of the Criminal Code, security forces in different localities have summoned hundreds of local Facebookers for interrogation about their Facebook posts.
Regarding Covid-19 alone, around 300 Facebookers have been fined between VND5 million ($220) and VND15 million for disseminating news on the pandemic which are considered fake news by the communist regime. They were forced to delete their posts and promised not to repeat �wrongdoings,� according to the state-controlled media.
Vietnams� regime has also pressured on Facebook, reducing its local traffic by switching off their serves in the country so the American firm has been agreed to censor political posts in a bid to protect its economic interests in the market with over 65 million accounts, according to the recent report of Reuters.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Online, Right to fair trial, Right to information
- HRD
- Blogger/ Social Media Activist
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Apr 27, 2020
- Event Description
In what appears to be the latest instance of an attack on free speech in the midst of the coronavirus pandemic, the Andaman and Nicobar Islands police have arrested a freelance journalist for a tweet he posted on Monday drawing attention to what he said were bizarre quarantine rules being followed by the local authorities.
Zubair Ahmed has been charged with multiple offences, one of which is non-bailable, with the police accusing him of spreading false information with an intention to obstruct the administration�s efforts to contain the spread of COVID-19 in the islands. He was granted bail and released on Tuesday.
On April 26, the Andaman Chronicle, an established local newspaper, carried a news item with the headline, �#AndamanFightsCOVID19: Entire Family Put on Home Quarantine After One Calls Up a Relative in Bambooflat�:
�The incident took place yesterday when Shri K.A. Rehman called up his relative who had tested corona positive, over phone. The intention was to enquire about the wellbeing of the victim, a resident of Bambooflat. It was hours after the call was made, the entire family was put on home quarantine by the authorities. The four members include Shri K.A. Rehman (70 years), Smti Rehana Rehman (60 years), Shri K. Abdul Rasheed (32 years) and Smti Saira Banu (29 years). The family is now confused whether calling up their relative was a crime committed or is it that the concerned authorities in Andaman are over concerned about their safety.�
Following up on this, Ahmed, a reporter based in the islands, posted a question on April 27 for the Andamans administration, whom he tagged, in which he asked why families who merely spoke to COVID-19 patients on the phone were being forced to quarantine:
The director general of police, Deependra Pathak told The Wire that the claim Zubair made in his tweet � about the home quarantining of those who had merely spoken to COVID-19 patients on the phone � was not true. However, he did not explain why action was taken against him for merely raising a question that had already been flagged in a story published by the Andaman Chronicle.
Instead, Ahmed was called in for questioning because of the tweet, detained and then shifted to the Aberdeen police station.
Ahmed is an established journalist who founded and ran a weekly newsmagazine, The Light of Andamans, for several years. Besides contributing to newspapers and websites elsewhere in India, he runs a weekly news and views site, being-islander. Some of the coverage there has been critical of the political and administrative establishment in the Union Territory.
Ahmed was eventually booked under various offences, but was granted bail by a local magistrate the same day.
Confirming Ahmed�s arrest, the Andaman and Nicobar Police said in a statement, �Legal action has been taken against one Zubair Ahmed, a self-proclaimed journalist for posting the inciting, false and instigating tweet to disrupt public harmony, violating government order and to create panic among public�The accused is a resident of Bambooflat area, most of which is declared a containment area after several cases emerged from there. Extensive contact tracing exercise is underway in the area currently. However, such messages instigate distrust among the public for the well-established and universal health and contact-tracing protocols, thus motivating people to conceal correct information, falsify their statements, do not cooperate and/or protest against medical protocols and even break the lockdown and gather in large numbers publicly.�
Ahmed has been charged under Indian Penal Code sections 188, 269, 270 and 505(1) that relate to disobedience of a public official and a malignant act aimed at spreading infections. He has also been charged under sections 51 and 54 of the Disaster Management, which entails punishment for obstructing government efforts to contain a disaster.
It is not clear how his tweet attracts any of these sections, especially since he had posed it as a question to the authorities and specifically tagged them, seeking answers.
Islands� police defend arrest
Speaking to The Wire, the UT�s director general of police (DGP) Deependra Pathak claimed that legal action was taken against Ahmed as he was found spreading fake news about the administration�s efforts to contain COVID-19 in the Islands. This, he said, could have fomented communal tensions in the Islands.
He said that the Andaman and Nicobar Islands were the first to identify and report the Tablighi Jamaat cluster to the Centre. �We have currently 33 cases in the state, out of which 22 belong to the TJ cluster,� Pathak said, adding that it was natural of the administration to undertake contact-tracing related to this particular cluster.
�Our efforts are being disrupted by some individuals who are spreading rumours about targeting of a particular community. This can sow the seeds of discord among communities. That is why we were forced to take legal action against them,� Pathak said, adding that certain government officials have also been arrested for such offences.
He further said that any message in social media or conventional media which �spreads false information or instigates or incites people or spreads dissatisfaction among communities or spreads mistrust about the protocols followed by the administration� will lead to a chaotic situation, and people may stop cooperating with the administration.
�It certainly attracts condemnation and legal action against such mischief mongers,� he said, adding that the idea is to �nip the danger in the bud.�
Regarding the arrest of Ahmed, Pathak said, �The legal action taken so far has only been to prevent gullible people getting into disruptions creating law and order problems or a possible communal situation� It becomes more important in view of the fact that the spread of COVID-19 may escalate to community transmission in South Andaman District if not strictly contained.�
He said Ahmed was found to be spreading �fake news� that the administration was tracing and quarantining even those who are talking to COVID-19 patients on phone. �This is not true,� he said, adding that the health and police department are going about contact-tracing very scientifically. He added that apart from the tweet, Ahmed was also allegedly found to be dissuading people against the government�s efforts to trace COVID-19 suspects, and had spun the administration�s work as targeting a particular community.
�The arrest of Ahmed, he said, should not be seen as a case of �violation of the right to speech and expression�. �Law is community, profession and gender-neutral. It has to take its own course,� he said.
He added that apart from Ahmed, a police officer�s son, a government servant�s wife, a revenue department official have also been arrested. �There is no deliberate or targeted action against any group or community to curtail their civil liberties,� he said.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Vilification
- Rights Concerned
- #COVID-19, Online, Right to healthy and safe environment, Right to information
- HRD
- Media Worker
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Country
- Indonesia
- Initial Date
- Apr 25, 2020
- Event Description
The Indonesian government should immediately release at least 70 Papuan and Moluccan activists imprisoned for peacefully voicing their political views, Human Rights Watch said today. The government should adopt measures to ensure that police and prosecutors, especially in the eastern provinces, protect free expression rights in accordance with a 2018 constitutional court ruling.
From April 25 to 27, 2020, the police in Maluku arrested 23 activists, including at least two children, who allegedly participated in flag-raising ceremonies commemorating the 70th anniversary of the declaration of independence of the Republic of South Moluccas (Republik Maluku Selatan, RMS) in 1950. The police indicated that seven of the activists will be charged with treason under article 106 of the criminal code, which carries a maximum sentence of life in prison.
�Detaining and prosecuting Papuan and Moluccan activists for peacefully voicing their political views backtracks on the government�s commitments to free expression,� said Andreas Harsono, senior Indonesia researcher at Human Rights Watch. �These activists should never have been imprisoned, and detaining them in the midst of the Covid-19 pandemic could be deadly.�
On April 25, three activists walked openly into the Moluccan police headquarters in Ambon, the capital of Maluku province, carrying the RMS flag. They shouted �Mena muria,� a popular salute among Moluccan people, traditionally used among boat rowers that means, �You go, I follow.� Police arrested the three men � Johanes Pattiasina, Simon Viktor Taihutu, and Abner Litamahuputty � as well as four other activists who unfurled the flags in some other towns.
On April 24, a court in Jakarta, Indonesia�s capital, convicted six Papuan activists for treason and sentenced them to between eight and nine months in prison. The five men and one woman were involved in a rally on August 28, 2019, outside the State Palace in Jakarta, during which they unfurled the Morning Star flag, a symbol of Papuan independence. The rally, involving more than 500 people, was held to protest racist attacks by the police against Papuan students in Surabaya, Java Island, on August 17.
The six activists are among 63 political prisoners in prison for peacefully expressing their political beliefs. On April 15, 2020, their lawyers submitted information on their cases to the United Nations Working Group on Arbitrary Detention.
Human Rights Watch, along with Amnesty International, Kontras, and other human rights groups, have for more than a decade pressed the Indonesian government to release political prisoners.
In May 2015, President Joko �Jokowi� Widodo pardoned and released five Papuan prisoners from Abepura prison, Jayapura. He publicly promised to release all Moluccan and Papuan prisoners, and said he wanted �to stop the stigma of conflict in Papua and to create a sense of peace.� His administration gradually released nearly 100 political prisoners, mostly by reducing sentences.
In January 2018, Indonesia�s Constitutional Court rejected a judicial review to annul the criminal code�s six treason articles, including article 106, but found that those articles were often disproportionally applied against political activists raising the Morning Star flag in Papua and the RMS flag in the Moluccas Islands.
President Jokowi should drop all charges for peaceful political expression, order the release of all political prisoners, and review the failure of law enforcement officers, especially in the Moluccas Islands and Papua and West Papua provinces, to follow the Constitutional Court ruling, Human Rights Watch said.
Concerned governments, including the United States, European Union member countries, and Australia, should raise the situation of Indonesia�s political prisoners in bilateral meetings. The Polish government should raise concerns about the treatment of Jakub Skrzypski, a Polish national who was arrested in West Papua and sentenced in May 2019 to five years in prison under article 106.
Human Rights Watch takes no position on claims to self-determination in Indonesia or in any other country. Consistent with international law, however, Human Rights Watch supports the right of all individuals, including independence supporters, to express their political views peacefully without fear of arrest or other forms of reprisal.
�President Jokowi succeeded in releasing many political prisoners in his first five years in office,� Harsono said. �Jokowi�s second term should not produce as many political prisoners as his predecessor. These cases are a bitter betrayal of his government�s prior policy and contrary to a top court ruling.�
- Impact of Event
- 7
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest, Right to self-determination
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Indonesia
- Initial Date
- Apr 24, 2020
- Event Description
An Indonesian court sentenced six activists to prison on Friday after finding them guilty of treason for participating in a protest last year calling for a self-determination referendum in the restive Papua province.
Surya Anta, Ambrosius Mulait, Charles Kossay, Dano Tabuni, and Arina Elopere were ordered to serve nine months, while Isay Wenda was handed an eight-month prison term during a hearing at the Central Jakarta district court via video link to observe social distancing measures imposed to suppress the COVID-19 pandemic.
�The defendants are guilty of treason," Judge Agustinus Setya Wahyu Triwiranto said during the sentencing.
The activists were arrested in August 2019 after taking part in a rally in Jakarta. Prosecutors accused them of demanding a referendum on self-determination for Papua and waving separatist Morning Star flags in front of the presidential palace.
All but one of the activists are native Papuans.
The protest was among many held across the country amid unrest in Papua triggered by perceived ill-treatment of Papuans on Java island.
Barring an appeal by prosecutors, who had sought an 18-month sentence for each of the activists, Isay Wenda could be released next month, while the rest are expected to walk free in June.
�But I can�t be sure, because it [the release] depends on the prosecutor. If they appeal, it will be different,� Tigor Hutape, a lawyer for the activists, told BenarNews.
�We have not yet communicated with the defendants,� he said. �We will decide later whether to appeal or accept the verdict.�
More than 40 people were killed in the unrest between August and September 2019 in Papua and West Papua provinces, which make up the Indonesian half of New Guinea island.
Jakarta has blamed the separatist United Liberation Movement of West Papua and the National Committee for West Papua for the uprising that started in mid-August, when thousands joined protests calling for a vote on self-determination.
Police arrested dozens of pro-referendum Papuan activists in the wake of the unrest, which prompted authorities to send thousands of additional police and troops to the region.
Human rights groups have urged President Joko �Jokowi� Widodo�s government to release the detainees, whom they described as political prisoners, saying they were at risk of contracting COVID-19 during the pandemic.
On Friday, London-based human rights group TAPOL called for their immediate release, citing statements from Michelle Bachelet, the U.N. High Commissioner for Human Rights, who previously said political prisoners should be among the first to be released amid the pandemic.
�We therefore reiterate the urgency of releasing all political prisoners currently detained in overcrowded prisons where it is impossible to practice physical distancing,� the group said in a statement.
Indonesia reported 436 new infections on Friday, taking its cumulative tally to 8,211, with 42 new fatalities, bringing the country�s death toll to 689.
Earlier this month, more than 60 political prisoners, mostly the Papuan activists detained over pro-independence protests, wrote a letter to the Working Group on Arbitrary Detention and three U.N. special rapporteurs, asking for help in urging Indonesia to release them unconditionally.
�Not only is their detention illegal, it also threatens their safety,� said Jennifer Robinson, one of the human rights lawyers representing them.
The Papua region was incorporated into Indonesia in 1969 after a U.N.-administered ballot known as the Act of Free Choice. Many Papuans and rights groups said the vote was a sham because it involved only 1,000 people.
The provinces of Papua and West Papua make up one-fifth of Indonesia�s land mass but only 5.9 million of Indonesia�s 250 million people live there.
Tensions rose in Papua in December 2018 after separatist rebels allegedly killed 19 members of a crew building a highway in Nduga regency. Authorities immediately sent more than 750 soldiers and police to the region after the killings.
- Impact of Event
- 6
- Gender of HRD
- Man, Woman
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest, Right to self-determination
- HRD
- Minority rights defender, Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Apr 23, 2020
- Event Description
The R.S. Puram police in Coimbatore on Thursday arrested Andrew Sam Raja Pandian, founder of a portal called SimpliCity, in connection with certain news it published on alleged shortcomings faced by government healthcare professionals and alleged corruption by some employees of a public distribution system (PDS) outlet. The action followed a complaint from an official of the Coimbatore Corporation who alleged that the reports were 'false' and 'provocative' against the State Government. He was arrested for offences under Sections 188, 505 (i) of the IPC and Section 3 of the Epidemic Diseases Act.
Mr. Pandian was arrested late on Thursday, hours after the police questioned him, a journalist and a photographer of the portal. He was produced before the magistrate and remanded in judicial custody.
As per the First Information Report, the police registered a case against the publisher of SimpliCity on Wednesday based on a complaint filed by M. Sundararajan, Assistant Commissioner (Personal).
The complainant said that he found the reports by the news platform on Twitter, Instagram, Facebook and WhatsApp which carried false information regarding the functioning of Government healthcare professionals and PDS employees while the Government machinery was struggling to combat COVID-19 spread.
While one report said that Government healthcare professionals were struggling for food, another one said that PDS employees were stealing COVID relief fund meant for the poor, said the FIR.
The complainant alleged that such reports were provocative enough to turn healthcare professionals and PDS employees against the Government. He also alleged that they could also lead healthcare professionals to stop working, thus affecting COVID-19 management in the State. Also, distributions of aids and essentials to the public would be affected if PDS employees stopped working, he alleged in the complaint.
Journalists� forum in Coimbatore and Tiruppur condemned the police action.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Online, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Apr 23, 2020
- Event Description
While the whole country is focusing on dealing with the COVID-19 outbreak, Vietnam�s communist regime does not forget to cement its political monopoly by intensifying its crackdown on local dissent, arresting the third activist within two weeks.
This time, its prey is former prisoner of conscience Tran Duc Thach, 68, from the central province of Nghe An, the home of late communist leader Ho Chi Minh. Thach is a founding member of the unregistered group Brotherhood for Democracy.
On April 23, security forces arrested Mr. Thach on allegation of conducting �Activities against the people�s government� under Article 109 of the country�s Criminal Code, with the highest punishment of 20 years in prison or even death penalty. Police conducted searching for his house, confiscating a laptop, cell phones, a camera as well as VND9 million ($380) and $400, according to his family.
According to the state-controlled media, Mr. Thach has been continuously posting and sharing numerous articles on Facebook with content to distort the regime�s policies with the aim to trigger social disorders amid the COVID-19 pandemic.�
He was arrested for the first time in 2009 and sentenced to three years in jail and three years of probation on a charge of �conducting anti-state propaganda� under Article 88 of the same Penal Code for claiming Vietnam�s Hoang Sa (Paracels) and Truong Sa (Spratlys), the two archipelagos also claimed by China, and demanding human rights improvement in the communist nation. Particularly, Thach, together with activists Vu Van Hung and Nguyen Xuan Nghia hang out a banner which states �Hoang Sa and Truong Sa belong to Vietnam� at Mai Dich Bridge in the capital city of Hanoi. His fellows were also jailed with lengthy sentences.
After leaving the army in 1975, Thach wrote a memoir named �Obsessive mass grave� to describe how communist soldiers assaulted innocent civil people while invading South Vietnam during the Vietnam War in which the communist soldiers with the support of China and the Soviet Unions as well as the communist bloc in Eastern Europe defeated South Vietnam backed by the US and its allies and unified the country in 1975. In 1976, he self-immolated to protest unfair policies of authorities in Nghe An province and Dien Chau district. Due to the act, his face was deformed.
The arrest of Thach was made three days after the communist regime rejected the appeal of human rights activist and environmental campaigner Nguyen Nang Tinh, upholding his sentence of 11 years in prison and five years of probation. Both Thach and Tinh are strongly protesting China�s invasions of Vietnam�s sovereignty in the East Sea.
Last week, China sent a diplomatic note to the UN Secretary-General to reaffirm its illegal claim of nearly entire East Sea, including the two archipelagos Paracels and Spratlys that Vietnam has controlled since the 18th century, and demand Vietnam to withdraw its crews and facilities in the resource-rich sea which is also very important for international trade.
Thach is the third activist being arrested within two weeks. On April 10, authorities in Can Tho arrested Ma Phung Ngoc Phu on allegation of �abusing democratic freedom� and eight days later, Dinh Thi Thu Thuy from Hau Giang province was detained and charged with �conducting anti-state propaganda,� both were arrested for their online posts which are considered harmful for the regime. The arrests were made after the call of UN High Commissioner for Human Rights Michelle Bachelet to release prisoners of conscience in a bid to protect their health amid increasing COVID-19 pandemic.
On April 20, the Higher People�s Court in Hanoi upheld the sentence of 11 years in prison and five years of probation against human rights activist Nguyen Nang Tinh, who is also strongly protesting China�s expansionism in the East Sea.
Vietnam�s communist regime has intensified its crackdown on local dissent from late 2015 when the ruling Communist Party of Vietnam prepared for its 12th National Congress. More than 100 activists have been arrested and charged with controversial allegations in the National Security provisions of the Penal Code or the Criminal Code, many of them were sentenced to lengthy imprisonments of between five and 20 years.
BFD is the group that suffered the most from the ongoing persecution campaign of the communist regime. Its nine key members were sentenced to between seven and 15 years in prison, and only two of them, human rights attorney Nguyen Van Dai and his assistant Le Thu Ha were freed but forced to live in exile in Germany. It is unknown Thach�s latest arrest related to BFD. In 2017, when Vietnam�s police arrested six key members of the group, he was summoned to a police station and interrogated for days about his activities in it.
With the new arrests, Vietnam is holding at least 245 prisoners of conscience, according to Defend the Defenders�s statistics. More arrests are expected in the coming months as the ruling party is preparing for its 13th five-year congress slated in early 2021.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment, Raid
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Blogger/ Social Media Activist, Pro-democracy defender
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Country
- China
- Initial Date
- Apr 22, 2020
- Event Description
On April 22, 2020, Dongbao District Court in Jingmen City convicted activist Liu Yanli (???) of �picking quarrels and provoking trouble� and sentenced her to four years in prison. Hubei police had criminally detained the activist on the �picking quarrels� charges on November 22, 2018 for �insulting and attacking the Chinese Communist Party� by criticizing former and current state leaders, including Mao Zedong, Zhou Enlai and Xi Jinping. She was tried on January 31, 2019 and sentenced over a year later on April 22, 2020. She is currently detained at Jingmen City Detention Center. Liu, 44, has been active on her Qzone and WeChat account making comments on democracy and politics since September 2009. Police repeatedly harassed her for her online speech. On September 26, 2016, she was criminally detained for eight months on suspicion of �libel� after she posted and reposted over 10 messages about Mao Zedong, Zhou Enlai and Xi Jinping on her WeChat Moments. On May 25, 2018, she was placed under �residential surveillance� for six months for �libel�.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Online, Right to fair trial
- HRD
- Blogger/ Social Media Activist, Pro-democracy defender, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Apr 21, 2020
- Event Description
The Delhi Police on Tuesday booked Jamia Millia Islamia students Meeran Haider and Safoora Zargar under the Unlawful Activities (Prevention) Act, or UAPA, in a case related to communal violence in North East Delhi over the Citizenship Amendment Act in February, PTI reported. They also booked former Jawaharlal Nehru University student Umar Khalid under the Act.
Clashes had broken out between supporters of the Citizenship Amendment Act and those opposing it in North East Delhi in February, killing 53 people and injuring hundreds. The violence was the worst Delhi saw since the anti-Sikh violence of 1984.
Haider and Zargar, arrested for allegedly hatching a conspiracy to incite the communal riots in February, are in judicial custody. Zargar is the media coordinator of the Jamia Coordination Committee, while Haider is a member of the panel. Haider, a PhD, is also the president of the Rashtriya Janata Dal�s youth wing in Delhi.
On April 2, the Delhi Police had arrested Meeran Haider. Days later, Safoora Zargar, an MPhil student at the university was arrested for allegedly obstructing the road near the Jaffrabad metro station. Civil society groups had issued a statement on April 16 calling for the release of the two students.
The police claimed in the first information report that the communal violence was a �premeditated conspiracy� which was allegedly hatched by Khalid and the two others. The students were also booked for sedition, murder, attempt to murder, promoting enmity between different groups on grounds of religion and rioting.
The FIR claimed that Khalid had allegedly given provocative speeches at two different places and appealed to Delhi�s residents to hit the streets in protest during United States President Donald Trump�s visit to India in February, in order to spread �propaganda� at the global level about how minorities in India are being mistreated. The FIR also claimed that the police collected firearms, petrol bombs, acid bottles and stones from several houses, establishing a conspiracy.
Women and children were made to block the roads under the Jaffrabad metro station on February 23 to create tension in the vicinity, the FIR alleged.
After facing a backlash from some in civil society and film personalities, the Delhi Police had said on Monday that they had done their job impartially while investigating the North East Delhi violence. �All the arrests made have been based on analysis of scientific and forensic evidence, including video footage, technical and other footprints,� the police said.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Vilification
- Rights Concerned
- Freedom of assembly, Minority Rights, Offline, Online
- HRD
- Minority rights defender, Student, WHRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Pakistan
- Initial Date
- Apr 20, 2020
- Event Description
Mohammed Ismail, a professor of Urdu literature, well-known activist and vocal critic of human rights abuses in Pakistan, is being threatened with prolonged arbitrary detention.
Professor Ismail is the 65-year old father of Gulalai Ismail, a board member of Humanists International and herself a prominent activist. At 16 years old, Gulalai founded the charity Aware Girls, which works to eliminate violence and discrimination against young girls in Pakistan. Gulalai was forced to flee her home country in 2019 after being persecuted for speaking out against sexual assaults and disappearances carried out by the Pakistani military.
Ever since Gulalai successfully relocated to the United States, her family in Pakistan have been punished by association. The family have been subjected to increasing threats, harassment and intimidation from local security forces, including multiple raids on their home by armed men and constant military surveillance of their phones and private messages. Even the family driver has been brutally tortured and interrogated by officials seeking information on Gulalai.
Efforts to silence and punish Professor Ismail began in July 2019, when he was falsely accused of �funding terrorism�. On 24 October 2019, while attending court to defend himself against these charges, Professor Ismail was abducted and forced into a vehicle by the Cyber Crime Wing of Pakistan�s Federal Investigation Agency. He was then charged with new accusations of �hate speech� and �spreading false information against Government institutions� under Section 10 and 11 of the Prevention of Electronic Crimes Act 2016, on the basis of his social media posts. If found guilty, he could face up to 7 years imprisonment. After a summary hearing on 25 October, he was taken into pre-trial detention for over a month. A small relief came when he was granted bail at the end of November 2019.
Amidst the confusion caused by the Covid-19 crisis, Pakistani authorities are now redoubling their efforts to imprison Professor Ismail by seeking to revoke his bail. On 20 April, he was summoned without warning to attend court for a hearing to revoke his bail. Only after attending court was he told the hearing was to be postponed to an unknown date in the future.
Forcing Professor Ismail to attend court and potentially detain him in one of Pakistan�s notoriously overcrowded prisons during this time poses an extreme and unnecessary risk to his health, and arguably violates his right to life. At 65 years of age and with multiple pre-existing health conditions, including hypertension, heart and kidney problems, he clearly falls within the category of people who are extremely vulnerable to Covid-19. Even the Supreme Court of Pakistan has recognised as much by approving an order allowing concessions to be granted to prisoners in vulnerable groups including those �who are 55 years and older�.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- #COVID-19, Right to fair trial, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Government, Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Apr 20, 2020
- Event Description
An appeals court in Vietnam on Monday upheld a lower court�s verdict in sentencing a Catholic music teacher to 11 years in jail for posting online criticisms of the one-party communist state and the government, the convicted man�s lawyer told RFA�s Vietnamese Service.
Nguyen Nang Tinh, 45, who teaches at a provincial arts and cultural college, was arrested in May 2019 after he was found writing and sharing what authorities deemed anti-state posts and videos on his Facebook account for seven years.
The posts included protests against Vietnam�s law on special economic zones that many citizens fear will favor Chinese investment in the country, and demonstrations against a Taiwanese company that dumped toxic waste into the ocean that caused an environmental disaster off the nation�s central coast in April 2016.
The Council of Judges of the People�s Court in north-central Vietnam�s Nghe An province upheld the 11-year sentence, plus five years of probation with restricted movement, that teacher Nguyen Nang Tinh was handed for the series of Facebook posts published between 2011 and 2018.
The presiding judge said the sentence served as a warning to those who wanted to capitalize on the rights to democracy and freedom by opposing the state, contradicting achievements in Vietnam�s progress with reform.
�At the appeals trial, Nguyen admitted to using Facebook accounts to share stories but affirmed that those stories were not aimed at opposing Vietnam�s government,� said defense attorney Dang Dinh Manh.
�I think this is an unfair sentence to give Nguyen, based on the defendant�s right to freedom of expression and on guarantees provided in the U.N.�s International Covenant on Civil and Political Rights that say everyone is entitled to express their own points of view,� he said.
Vietnam is a signatory to the multilateral treaty that commits its parties to respect the civil and political rights of individuals, including freedom of religion, freedom of speech, freedom of assembly, electoral rights, and rights to due process and a fair trial.
Dang noted that in writing the online posts, Nguyen had exercised his right to free speech guaranteed under Vietnam�s constitution and had contributed to improving state policies.
Hunger strike to resume
The teacher had been on a hunger strike while in prison between March 13 and April 17, during which time he was not allowed to pray, read religious books, or meeting with Catholic priests, Dang said.
Thought the music teacher ended the hunger strike when he was informed about his appeals trial, he now will resume it because that process is over, the attorney said.
Dang said that he and another attorney, Nguyen Van Mieng, spent two days traveling by private car from Ho Chi Minh City to Nghe An to take part in the trial.
Nguyen�s wife, Nguyen Thi Tinh, could not attend her husband�s trial on account of lockdowns in Vietnam to prevent the spread of the coronavirus, which on Monday registered 268 confirmed cases but no fatalities.
On April 18, Vietnamese police arrested another social media user, Dinh Thi Thu Thuy, on charges of �smearing leaders,� state media reported.
The resident of Nga Bay in the southern province of Hau Giang has been charged under Section 117 of Vietnam�s Penal Code for making and spreading anti-state information and materials.
Dinh had created many Facebook accounts since 2018 to edit and share hundreds of posts and other materials opposing the state and smearing the Communist Party�s leaders, state media said.
Vietnam police reported in June 2018 that Dinh was also present at a demonstration outside Notre-Dame Cathedral Basilica in Ho Chi Minh City to protest against proposed laws on the creation of special economic zones and on cybersecurity, the latter of which called for restrictions on the internet that would give the state greater surveillance and censorship powers.
Another Dong Tam arrest
Police also have arrested another resident of Hoanh village in the rural commune Dong Tam, where about 3,000 security forces conducted a violent early morning assault on residents during a land protest in early 2019 outside Vietnam�s capital Hanoi, an activist said.
On April 19, authorities picked up Nguyen Van Chung, son of Bui Thi Duc, a woman who is among 28 other villagers arrested during the bloody clash on Jan. 9, activist Trinh Ba Phuong told RFA on Monday.
The villagers apprehended following the incident have been charged with committing murder, illegally possessing weapons, and opposing officers on duty.
Nguyen was not arrested at his home in Dong Tam, but in Ho Chi Minh City, also called Saigon, where he was working as an assistant truck driver, Trinh said.
�Last night, he was arrested and cruelly beaten in Saigon,� Trinh said. �Those who witnessed the arrest questioned police about it, but they said that Nguyen was a dangerous person and had to be arrested.�
During a meeting with Hanoi authorities on the same day as the arrest, Vietnam�s Prime Minister Nguyen Xuan Phuc told officials to resolve the Dong Tam issue, consolidate the political system and develop new rural policies.
The Dong Tam clash was the latest flare-up in a long-running dispute over a military airport construction site about 25 miles south of Vietnam�s capital Hanoi.
A report drawn from witness accounts and released seven days after the Jan. 9 clash with security forces said that police had attacked first during the deadly incident that claimed the lives of the Dong Tam village chief and three police officers.
Though all land in Vietnam is ultimately held by the state, land confiscations have become a flashpoint with residents accusing the government of pushing small landholders aside in favor of lucrative real estate projects and of paying too little in compensation.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Denial effective remedy, Online, Right to fair trial
- HRD
- Blogger/ Social Media Activist, Pro-democracy defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Apr 19, 2020
- Event Description
While they condemned her warrantless arrest, civic organizations in Cebu and in other parts of the country are calling for the immediate release of Cebuana entrepreneur and film writer Ma. Victoria �Bambi� Beltran.
Movement Against Tyranny � Cebu (MAT � Cebu), Concerned Artists of the Philippines, and DAKILA issued separate statements expressing condemnation of Beltran�s arrest past midnight on Saturday, April 18, 2020.
They also rallied to have the artist released from the custody of the Police Regional Office in Central Visayas (PRO � 7) citing statements from Beltran�s camp that her arrest was without any legal basis.
Read: Police arrest Cebuana entrepreneur accused of posting false information
Cebu City Mayor Edgardo Labella accused Beltran, whom he once appointed to the city�s cinema development council, of allegedly peddling false information.
Labella was referring to a Facebook post that Beltran made alleging that over 9,000 residents in Sitio Zapatera in Barangay Luz, Cebu City have already been infected with the coronavirus disease 2019 (COVID-19).
However, Beltran�s legal counsel Vincente Isles and DAKILA, a group of writers where she is a member of, said the post was of satirical nature and was not intended to sow public confusion and panic.
�This statement (which Beltran posted on social media) echoed reports from local news that health officials from DOH Central Visayas considered the whole sitio with a population of 9,000 as infected or presumed contaminated,� DAKILA said.
Both MAT � Cebu and DAKILA also called for local government officials to direct their focus on responding to the pandemic that has infected 165 individuals in Cebu City as of April 19, 2020.
�What we need is an efficient government willing and able to address the medical and socio-economic needs of its constituents, not a leviathan very eager to maintain its posture to the extent of persecuting ordinary citizens,� MAT- Cebu said.
The groups also share the observation that Beltran�s arrest was an attack and a threat to freedom of speech and expression.
�This targeting and arrest is a vicious attack on freedom of expression amidst the continuing failure of the national and local governments to ensure expanded and systematic mass testing and a comprehensive public information drive on the pandemic,� the Concerned Artists of the Philippines stated.
Beltran was arrested in Barangay Kamputhaw, Cebu City at around 12:30 a.m. on Saturday, April 18, 2020.
High profile lawyer Benjamin Militar, who is part of Beltran�s legal counsel, said they found out that police arrested their client without any accompanying warrant and that no legal basis was cited.
Police Brigadier General Albert Ignatius Ferro, PRO � 7 director, said Beltran would be facing charges for the violation of the Anti-Cybercrime Law.
Read more: https://cebudailynews.inquirer.net/303890/civic-groups-rally-call-for-bambi-beltrans-release#ixzz6UoFV2me0 Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Vilification
- Rights Concerned
- #COVID-19, Online, Right to information, Right to liberty and security
- HRD
- Artist, NGO staff, WHRD
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Country
- Philippines
- Initial Date
- Apr 19, 2020
- Event Description
Charges will be filed against former lawmaker Ariel Casilao and six other volunteers who were on their way to distribute relief packs in Bulacan province for allegedly violating quarantine rules, the Department of the Interior and Local Government said Monday.
The former Anakpawis party-list representative and six other volunteers of Sagip Kanayunan and Tulong Anakpawis relief operations were flagged down at a checkpoint in Norzagaray town Sunday morning.
They were brought to Norzagaray Municipal Police Station without clear explanation why there were brought there and then brought to Malolos Provincial Police Station �only to be yelled at for giving out �anti-government propaganda materials and accused of being supporters or recruiters of the New People�s Army,� Unyon ng mga Manggagawa sa Agrikultura said Monday.
Casilao is vice chairperson of UMA.
Local Government Undersecretary Jonathan Malaya claimed the food pass acquired by the volunteers was unauthorized but fishers' group Pamalakaya said the food pass used for the relief efforts was issued by Bureau of Fisheries and Aquatic Resources national director Eduardo Gongona.
In a statement on Sunday, SAKA (Sama-samang Artista para sa Kilusang Agraryo) said the relief efforts in Bulacan have been done "in close coordination with Kilusang Magbubukid ng Pilipinas-affiliated peasant organizations" since the start of the Luzon lockdown.
"Organizations would directly purchase fresh produce from farmers in San Jose del Monte and Norzagaray for distribution to different communities, and would also bring relief packs to these farmers for needs they cannot grow in the agricultural land they till and struggle for," the group also said. 'Attempted mass gathering'
The DILG spokesperson accused the team of volunteers of attempting to conduct a mass gathering in the guise of distributing relief goods. He also claimed that tarpaulins and �propaganda materials� were found in the jeepney that ferried Casilao and other volunteers.
Malaya said the volunteers will be charged for allegedly violating the Bayanihan to Heal as One Act and Article 151 of the Revised Penal Code, which punishes resistance and disobedience to a person in authority.
Casilao will be also charged for usurpation of authority under Article 177 of the Revised Penal Code.
�Anakpawis will have their day in court. The DILG assures them of due process. Sa korte na sila magpaliwanag,� he said. �Blatant harassment�
Casilao slammed on Monday what he called �blatant harassment and outright red-tagging at a time when aid is urgently needed by the poor.�
�The government should stop criminalizing organizations and individuals who simply want to give much needed relief as they should stop arresting the poor for asking for aid just like what they did with San Roque 21,� he said, referring to the residents of Sitio San Roque who were arrested after demanding food and financial aid during a protest early in April.
Pamalakaya chair Fernando Hicap, former Anakpawis party-list representative, said the incident was a �vile harassment� against humanitarian volunteers who are considered frontliners.
�Contrary to the statement of [Undersecretary] Malaya, we underwent through a proper process in applying for the food pass, so that our delivery of relief packs to the distressed fishing and farming communities will not be hampered,� he also said.
The International Coalition for Human Rights in the Philippines, for its part, urged Philippine authorities to work with organizations that try to help people cope with the coronavirus pandemic.
- Impact of Event
- 7
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Intimidation and Threats, Judicial Harassment, Vilification
- Rights Concerned
- #COVID-19, Freedom of assembly, Right to healthy and safe environment
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- India
- Initial Date
- Apr 19, 2020
- Event Description
The Jammu and Kashmir police Monday filed an FIR in connection with a news story published by The Hindu Sunday despite a social media campaign against its decision to charge Kashmir-based independent photojournalist Masrat Zahra under the stringent Unlawful Activities Prevention Act (UAPA).
The police have also questioned a senior journalist from The Hindu�s J&K Bureau, Peerzada Ashiq, a move that drew further criticism from the journalist community in the Valley.
According to a report by The Hindu, Ashiq was called in for questioning by the Cyber Police in Srinagar Sunday and then again on the same evening by the Anantnag police before being permitted to return home.
�Describing a report headlined �Kin allowed to exhume bodies of militants in Baramulla� published by The Hindu on April 19 as �fake news,� the Jammu and Kashmir police have registered an FIR in the matter,� reads The Hindu report on 20 April.
The report was on two militants killed in an encounter in South Kashmir�s Shopian region. Two families had come forward to claim the bodies of the slain militants whom the authorities had said were unidentified.
The administration had buried the slain militants in a graveyard in Sheeri, Baramulla, reserved for foreign, unidentified or unclaimed militants.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Viet Nam
- Initial Date
- Apr 18, 2020
- Event Description
Vietnam�s communist regime has not stopped its crackdown on the local dissent amid increasing threat of COVID-19 outbreak nationwide, arresting the 7th activist so far this year.
On April 18, authorities in the Mekong Delta province of Hau Giang arrested female activist Dinh Thi Thu Thuy, charging her with �Making, storing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam� under Article 117 of the country�s Criminal Code.
Ms. Thuy will be held incommunicado for at least four months during the investigation period and faces imprisonment of between seven and 12 years in prison if she is convicted, according to the current Vietnamese law.
Citing information from police, the state-controlled media reported that Ms. Thuy has created a number of Facebook accounts to disseminate numerous articles to distort the communist regime�s policies and defame its leadership. She was also accused of criticizing the communist regime�s measures in dealing with COVID-19.
Thuy is an activist participating in the mass peaceful demonstration in Ho Chi Minh City on June 10, 2018 which aimed to protest two bills on Special Economic Zone and Cyber Security. The first seeks to favor Chinese investors while the two countries are disputing over the East Sea (South China Sea) while the second bill which became law from 2019 strives to silence online government critics. She was detained, beaten and interrogated, and fined with money before being released.
In recent years, she has been under constant persecution of the local police who often summoned her to their station for interrogation about her posts on Facebook.
Thuy is the seventh detained activist and the second Facebooker being arrested since the beginning of 2020 on the allegation of �conducting anti-state propaganda.� The first was Dinh Van Phu, who is from the Central Highlands province of Dak Nong and was arrested on January 9.
In January-April, police in Can Tho City arrested Mr. Chung Hoang Chuong and Ms. Ma Phung Ngoc Phu on allegation of �Abusing democratic freedom� under Article 331 of the Criminal Code for their online posts.
In addition, authorities in Gia Lai detained three religious activists named Ju, Lup, and Kunh in mid-March after chasing them in the past eight years. The trio, who was forced to live in a forest during the past eight years, was likely charged with �Sabotaging implementation of solidarity policies� per Article 116 of the Criminal Code with imprisonment of between seven and 15 years. Vietnam�s communist regime often uses this allegation to imprison religious activists.
With the arrest of Ms. Thuy, Vietnam is holding at least 244 prisoners of conscience, 26 of them are held in pre-trial detention which may last more than two years, according to Defend the Defenders� statistics.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- #COVID-19, Online, Right to information, Right to liberty and security
- HRD
- Blogger/ Social Media Activist, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Country
- Kazakhstan
- Initial Date
- Apr 18, 2020
- Event Description
The authorities of Kazakhstan begin to prosecute bloggers, public figures and journalists under the pretext that they disseminate knowingly false information.
So, at the end of last week, the civil activist Alnur Ilyashev was detained in Almaty, and well-known public figure and media manager Arman Shuraev was detained in Karaganda. At the same time, interestingly, information about the detention of Shuraev was released by the press service of the Police Department of Almaty.
Alnur Ilyashev is known primarily for his sharp criticism of the first President of Kazakhstan, Nursultan Nazarbaev, as well as for his regular attempts to hold rallies. It should be noted that Ilyashev, unlike other opposition figures, tried not to violate the law on peaceful processions and rallies, but tried to do everything in the legal field. He regularly applied to the city hall for permission. As a result, Ilyashev became the organizer of the first rally authorized by the authorities of Almaty on June 30, 2019.
According to the Police Department of Almaty, Ilyashev repeatedly disseminated deliberately false information, and he ignored the demands to stop misleading citizens.
�He didn�t make the necessary conclusions even after the court�s decision on the protection of honor and business reputation, as a result of which the court ordered Alnur Ilyashev to take measures and post a rebuttal to the information previously spread by him,� the press service said, adding that a lawsuit was filed against the activist under article of the Criminal Code �Dissemination of knowingly false information in a state of emergency�, and he was placed in a temporary detention center. On April 18, the court authorized the arrest of Ilyashev for a period of two months.
As for Arman Shuraev, in 2004-2006, he headed the central bureau of the agency �Khabar� (National Television News Agency). In 2005, he headed the press service of the republican public headquarters of the candidate for president of Kazakhstan, Nursultan Nazarbaev. Then he held the posts of deputy general director of the agency �Khabar�, chief inspector of the socio-political department of the Presidential Administration of Kazakhstan. From 2007 to 2014, he was the General Director of the Commercial Television Channel.
From July 2019 to March 2020, Shuraev was a member of the National Council of Public Confidence under the President of Kazakhstan.
�Mr. Shuraev repeatedly disseminated knowingly false information, that was not true, through social networks. By his actions, Shuraev created the danger of disturbing public order and causing substantial harm to the interests of society and the state protected by law in a state of emergency,� the police of Almaty said.
At the same time, the court of Almaty denied reporters to be present at the court hearing on the decision of a measure of restraint against Shuraev.
�Regarding the participation of the media in the process, I inform you that the communication channel is limited. For technical reasons, it will not be possible to connect everyone, only the participants in the process. I hope for your understanding. The courts of Almaty have always promptly reported and will report on the results of the consideration of cases that caused a public outcry. In case of receipt of the aforementioned material to the court of inquiry, we will promptly and without fail inform the media of the results of the review,� the press secretary of the City Court of Almaty, Abai Zharylkasyn, said on social networks.
Meanwhile, the detention of Ilyashev and Shuraev caused a great resonance in the media sphere of Kazakhstan.
According to the International Foundation for Protection of Freedom of Speech �Adil Soz�, the campaign to accuse journalists and civic activists of disseminating knowingly false information, committed in a state of emergency, causes serious worry.
�This article of the Criminal Code has been criticized for a long time for the uncertainty of the object of the crime � �the danger of disturbing public order�, �the interests of citizens, society and the state�. According to the results of the fourth Universal Periodic Review, Kazakhstan was again given recommendations �to protect the space for dissent by amending or repealing the articles 174 and 274 of the Criminal Code�, �refrain from using criminal provisions as instruments to suppress the expression of uncoordinated opinions�. What is happening now, it is difficult to interpret otherwise than precisely the suppression of disliked opinions under pain of imprisonment,� the Foundation said in an open appeal to the Prosecutor General of Kazakhstan, Gizat Nurdauletov.
The �Adil soz� also emphasizes that the fight against fake information can be only by contrasting reliable and various information, public discussions and open debate.
�Detentions, arrests, imprisonment and other terrifying actions, instead of desired complacency, can spread even greater alarm and panic. It can also stop the civilized development of the country and bring it back to many years ago. The International Foundation for Protection of Freedom of Speech �Adil Soz� considers it necessary for the Prosecutor General to carefully monitor compliance with the law in pre-trial investigations and not allow a �witch hunt� in difficult conditions of emergency,� the open appeal summarizes.
In turn, the fact-checking resource of Kazakhstan [factcheck.kz] also issued an official statement regarding the detention of Shuraev and Ilyashev.
�We, as the organization whose activities are directly related to countering false information, believe that the sanctions imposed on Arman Shuraev and Alnur Ilyashev are excessive, the reasons for the detention and arrest are not transparent. In the context of infodemia, when citizens of Kazakhstan are daily attacked by real misinformers and swindlers, detentions and arrests of activists and journalists can be interpreted solely as an attempt to put pressure on civil society and violate the right to freedom of expression. We demand the Ministry of Internal Affairs, the General Prosecutor�s office and the Ministry of Justice to take measures to prevent violations of the constitutional rights and freedoms of citizens of Kazakhstan. The cases of Arman Shuraev and Alnur Ilyashev should be carefully considered in terms of abuse of authority by the police and other involved bodies. For the duration of the investigation, a minimum measure of restraint should be chosen. We also demand a fully open trial if the investigation in these cases is not terminated,� the statement said.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Vilification
- Rights Concerned
- Online, Right to political participation, Right to protect reputation
- HRD
- Pro-democracy defender
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending