11.11.03
Urgent Interventions

The Observatory - Newsletter September - October 2003

The Observatory - Newsletter No. 24
September-October 2003


September 2003


BELARUS – Administrative and judicial harassment / Closing of an NGO
Press release - September 17th, 2003

On September 8th, the organization "Legal Assistance to Population" was closed in the term of a judicial procedure. According to the Code of Civil Procedure and the "Law on public associations", a specific license is necessary for any activity of legal advice, license that had been refused to this organization by the Ministry of Justice. On the other hand, a judicial procedure in liquidation was opened against the organization of defence of human rights "Viasna", for alleged administrative violations.

COLOMBIA – Arbitrary detentions
September 2nd, 2003 - Open letter to the authorities

Between the night of August 20th and the dawn of August 21st, hundreds of members of the army, the police force, the Administrative Department of Security (DAS) and of the District attorney's office broke into dozens of houses in the municipality of Saravena (Arauca), proceeding to arrest almost 42 persons. Among them, were at least 16 human rights activists, journalists and leaders of the social movement. Moreover, in the department of Sucre, on August 17th, during operations realized by the District attorney's office, the Police and the Marin's Infantry detained 156 persons, among whom there were leaders and members of the Federación Sindical Unitaria Agropecuaria (FENSUAGRO). Last August 24th, in Tolima's department, in the municipalities of Coello, Cajamarca and Anaime, 58 persons were arrested among whom were trade unionists and social leaders. On August 12th, Hermes Vallejo Jiménez, member of the ASOPEMA of Tolima, was arrested in Bogotá. On August 12th, Reinaldo Perdomo, human rights defender in Ariari, was murdered. On August 22nd, Juan Carlos Galvis, Vice-president of SINTRAINAL and President of CUT, was the object of an attempt. The seats of different organisations with social purpose were recently attacked.

COLOMBIA - Colombian ONG assimilated with terrorists
Press release – September 12th, 2003

On September 8th, in a speech given during the week for human rights, on the occasion of the entry in functions of the new commander of the air force, the President of the Republic of Colombia, Mr. Alvaro Uribe, compared the ONG defending human rights with terrorists groups. The President considers the ONG to be "writers and politicians, who finally serve terrorism and who hide themselves cowardly behind the flag of the human rights" and who speak in the name of terrorists. In the current context in Colombia, these declarations have the clear intent of discrediting the work of human rights defenders.

COLOMBIA - Harassment/ Defamation
September 15th, 2003 - COL 004 / 0903 / OBS 046

The members of the NGO Comisión de Justicia y Paz, who are employed at the project Communities of Self-determination, Life and Dignity (CAVIDA) in the zone of Rio Cacarica (El Chocó Department), were victims of serious accusations, harassment and judicial proceedings. The General District attorney of the Nation gave the order to realize a military operation in order to capture paramilitaries and members of the Revolutionary Armed Forces of Colombia (FARC-EP), including members of the Comisión de Justicia y Paz.

COLOMBIA - Torture / Serious threats / Harassment
September 19th, 2003 - COL - 005 / 0903 / OBS 047

On September 10th, the 15-year-old child, David Jose Carranza Calle, the son of Mr. Limberto Carranza, leader of the Workers' National Union of the Food industry (SINALTRAINAL) and worker for Coca Cola in Barranquilla (Atlantic Department), was attacked by four unknown individuals who tortured and ill treated him, in a place known as Boulevard Simón Bolívar in Barranquilla. This fact adds to the existing threats against the mentioned unionist.

CHAD – Trial of Jacqueline Moudeïna’s attackers
Press release - September 3rd, 2003

The trial of the aggressors of Jacqueline Moudeïna, legal responsible for the Chadian Association for the promotion and the defence of human rights (ATPDH) and lawyer of the Chadian victims in the legal proceedings opened in the Chad against the accomplices of Hissène Habré, began on September 9th. Mrs. Moudeïna had seriously been hurt after an attempt steered against her on June 11th, 2001, in N'Djamena, by members of the anti-riot police, while she participated in a demonstration in front of the Embassy of France.

KYRGYZSTAN - Harassment / Restrictions to freedom of association
September 2nd, 2003 - KGZ 002/0803/OBS 044
September 26th, 2003 - KGZ 002/0803/OBS 044.1

On August 14th, the Kyrgyz Committee for Human Rights (KCHR) received a letter from the Ministry of Justice, in which he ordered KCHR to apply for a new registration within ten days in accordance with the new version of the Constitution. On August 25th, during a press-conference, former KCHR members, Mr. Tynaliev, Mr. Mombekov, Mr. Jakishev and others, declared that they dismissed Mr. Dyryldaev from the position of chair of the KCHR and selected Mr. Tynaliev as the new chairman. Moreover, it is reported that Mr. Tynaliev tried to beat Mr. Giyaz Tokombaev, a son of Mr. Dyryldaev and Mr. Doolot Nusupov, a collaborator of the KCHR. Later, Mr. Tynaliev called Mr. Tokombaev several times on a phone and assaulted him including with death threats.
On September 24th, an official letter signed by the Vice-Minister of the Ministry of Justice, Mr. Alymbekov, was addressed to the KCHR announcing that the KCHR had been officially registered, with Mr. Tynaliev, Mr. Jakishev and Mr. Bulatov as executive body.

LEBANON – Arrest of human rights activist
Press release - September 10th, 2003

Ms. Samira Trad, responsible of Frontiers Center, an organization dealing with rights of non-Palestinian refugees and marginalized people in Lebanon, was convened on September 10th, by the Security General – Directorate General in Beirut, after she had returned to Lebanon on September 4th. Ms. Trad had effectuated a visit to Europe where she met international human rights organizations as well as donors. At 2 pm, as she had not returned, the staff from the organization called the Security General and was informed that the General prosecutor had ordered her arrest. She was released on 11th September and was informed that she could be sued at any time for participating in an illegal organization and for damaging Lebanon’s reputation abroad.

RUSSIA - New attacks against human rights defenders
Press release / Note of situation – September 15th, 2003

The Observatory published a note on the recent obstacles which have to face the NGOs of defence of the Russian human rights, notably :
- the numerous attacks targeting the Organization of the Soldiers' Mothers of Saint Petersburg, threatened of eviction and liquidation. On September 11th, participants in a weekly demonstration of this organisation were attacked by a group of not identified people who destroyed posters and beat one of the demonstrators;
- the seizure of the Russian authorities on VtsIOM, the Russian Centre for Public Opinion and Market Research, in the middle of August 2003. The authorities have indeed, decided to appoint a new board of directors, consisted of civil servants of several ministries;
- the attack of the Memorial Centre of Saint Petersburg on August 14th;
- the increasing threats of liquidation against School of Peace Foundation, in Novossiysk;
- the media campaign and the legal proceedings targeting the Sakharov museum of Moscow.

SYRIA – Interdiction of the activities of the Committees for the defence of human rights
Press release - September 3rd, 2003

On August 27th, Mr. Akhtam Naisseh, President of the Committees for the defence of human rights in Syria (CDF), was summoned by the service of the military safety in Damascus. During the interview, he was threatened and offended by officers. It was meant to him that any activity of the CDF was forbidden until new order. This decision appears as a measure of reprisal in front of recent criticisms emitted by the CDF against the policy of the Syrian authorities concerning Syrian exiles. Indeed, the CDF repeated the demand to the authorities to allow the return in their country of all the exiles.

UZBEKISTAN - New information - Sentencing
September 30th, 2003 - UZB 002 / 0503 / OBS 025.2

The Tashkent City court gave its conclusion on the appeal of the case of Mr. Ruslan Sharipov, an Uzbek human rights activist and independent journalist. The court did not accept the elements provided during the appeal and only slightly revised the previous verdict. As a result, the term of imprisonment was reduced from 5,5 years to 4 years for homosexuality and for sexual relations with a minor. The Court withdrew the charge of inciting minors to anti-social behaviour. Mr. Sharipov, who arrived to the hearing with injuries to his face, is expected to appeal further to the Supreme Court.

VENEZUELA - Murder
September 1st, 2003 - VEN 002 / 0903 / OBS 043

On August 27th, Mr. Joe Luis Castillo Gonzalez, attorney and ex-coordinator of the Office of Human rights of Machiques's Vicariate was murdered in Tinaquillo, suburb of Machiques in El Edo. Mr. Joe Luis Castillo Gonzalez was in his car with is wife and his 1 and half-year-old son. When he was close to his house, two persons on a motorcycle carried out 13 shots. Mr. Joe Luis Castillo Gonzalez died for the impact of 9 bullets and his wife and son were hurt.

VIETNAM - Arbitrary arrest / Judicial proceedings
September 23rd, 2003 - VTN 001 / 0903 / OBS 048

On September 12th, the spokesman of the foreign office of the Socialist Republic of Vietnam announced that Mr. Thich Tri Luc, member of the Unified Buddhist Church of Vietnam was "arrested at a border post in the province of Tay Ninh", "running away abroad to contact organizations with the aim of undermining the Vietnamese government, on July 26th, 2002", and that he was pursued for " leak or passage abroad in order to create an opposition to the administration of the people". Mr. Thich Tri Luc is at present , detained in the Centre 237 Nguyen Van Cu, 1st district, in Ho Chi Minh City.


October 2003

ALGERIA – Legal proceedings / Detention
Press releases of September 30th, October 2nd, 9th and 16th, 2003
October 14th, 2003 – Press conference in Paris
October 16th, 2003 – Mission of judicial observation

Dr. Salah-Eddine Sidhoum, surgeon and human rights defender, who lived in underground since 1994, surrendered voluntarily to the Algerian judicial authorities on September 30th. He was detained in the prison of Serkadji near Algiers and begun a hunger strike to protest against his extremely precarious conditions of detention as well as the inhuman treatments he was the object. Dr. Sidhoum appeared in front of the criminal Court of Algiers on October 16th, having asked for the revision of the lawsuit of 1997 which condemned him to 20 years of detention for membership in armed groups and apology of terrorism. The Observatory appointed an observer at this audience, in the term of which he was acquitted of all charges against him and released the same day.

ALGERIA – Arbitrary detention
October 7th, 2003 – DZA 002 / 1003/ OBS 050

On October 5th, Mr. Larbi Tahar, President of the Algerian League for Human Rights (LADDH) in El Abiodh Sidi Cheikh, was arrested after having been summoned by the examining magistrate for “armed assembly and civil disobedience.” He was placed in incarceration immediately and driven to El Abiodh Sidi Cheikh’s prison.

ALGERIA - Condemnation / New information
October 13th, 2003 – DZA 002 / 0703 / OBS 064.02

On October 4th, seven members of the families of missing persons who were arrested on July 9th in Oran, were sentenced to a fine of 1000 dinars by the Court of Oran, for assembling before the court for their weekly meeting of families of missing persons. These condemnations fall within the framework of the systematic harassment to which these families are subjected in Algeria.

AZERBAIJAN - Arbitrary detentions
October 28th, 2003 - AZE 002/1003/OBS 058

Human rights defenders were the target of arrests and defamation within the framework of the repression led against the opponents, journalists and representatives of the civil society, following the presidential elections of October 15th. On October 16th, the President of the syndicate of the journalists in Azerbaijan, was beaten while he covered a forbidden demonstration. On October 17th, two members of the Human Rights Resource Centre in Qazah, were arrested. On October 21st, the house of Mrs. Nushaba Mammedova, coordinator of the Human Rights Center of Azerbaijan (HRCA) in the region of Gandjabasar, and founder of the unique independent newspaper " Gencebasar ", was visited by a group of policemen. Besides, in public statements made on various television channels, certain pro-governmental members of the parliament called “to punish” human rights defenders. The Vice-president of the permanent human rights parliamentary commission, recommended to exile them.

BELARUS - Viasna wound up
Mission of judicial observation –20-26 October 2003
Press Release – October 30th, 2003

On October 28th, the Supreme Court of Belarus decided to wind up "Viasna,” the association for the defence of human rights, after a four-day trial to which the Observatory had sent two observers. “Viasna” was closed for having violated electoral regulations by sending observers, who were not members of the association. “Viasna" is the tenth NGO liquidated by judicial way since June 2003. The representatives of "Viasna" had decided to raise a complaint with the President of the Supreme Court.

BOLIVIA - Harassment - Theft
October 22nd, 2003 - BOL 002/1003/OBS 054

On October 19th, unidentified individuals entered into the offices of the Permanent Assembly for Human Rights in Bolivia (APDHB) in La Paz and stole a VHS recording, many cassettes, a DVD, and a portable computer. It seems that these individuals had tried to access information contained in the hard drives of APDHB's computers. Before this search, APDHB has interposed a lawsuit before the Technical Judicial Police (PTJ) of Bolivia.

CHAD – Closing of a radio station
TCD 001/1003/OBS 056 – October 23rd, 2003

On October 21st, the Radio " FM freedom " was closed by order of the Ministry of public Security and Immigration. This radio was created by independent NGOs of defence of human rights, and became the main relay in Chad. Its closure for " illegal functioning and deviating behaviour " followed a critical broadcast towards the President of the Republic.

COLOMBIA - Smear campaign / Threats
Press release - October 2nd, 2003

On September 29th, a press release from paramilitary members of the Auto-defensas Unidas de Colombia (AUC) of the Bolivar Central Block, was given, endorsing President Alvaro Uribe’s declarations in opposition to human rights NGOs. The President Uribe maintained his distinction between "good" and "bad" NGOs in a statement in front of the General assembly of the United Nations on September 30th. Besides, Colombian Minister of Defence declared in Washington, that " the State plan to lead an inquiry on the profile and the activities of thousand active organizations of human rights defence in the country ".

COLOMBIA - Murder
October 21st, 2003 - COL 006 / 1003 / OBS 053

On October 16th, Mrs. Esperanza Amaris Miranda, human rights defender and member of both the House of the Woman and the OFP in Barrancabermeja, was murdered. Three armed paramilitary members arrived in a public service vehicle at Mrs. Amaris Miranda’s house in the Versalles neighbourhood. They intimidated her and took her by force into the vehicle, despite the desperate requests of her daughter who threw herself to the vehicle and was dragged approximately 200 meters before losing her grip and falling to the ground, injuring her shoulder. Five minutes later, Mrs. Amaris Miranda was murdered by paramilitary members opposite to the College Camilo Torres Restrepo and her corpse thrown in the street.

GEORGIA – Restrictions to freedom of association
October 21st, 2003 - Open letter to the authorities

The draft law "On Suspension of Activities, Liquidation and Banning of Extremist Organizations" has recently been approved by the Security Council of Georgia and is now pending before the Parliament. It will likely be passed in December 2003 or January 2004. If passed, this law would seriously hinder Human Rights Defenders' activities and put them under the constant threat of being shut down without future notice.

INDIA - Threats / Harassment
October 9th, 2003 - IND 001/1003/OBS 051

On October 2nd, Dr. Kalpana Kannabiran, daughter of Mr. K.G. Kannabiran, lawyer and President of the National PUCL in Andhra Pradesh (A.P) as well as a well-known women's rights activist, received an anonymous telephone call threatening that her two young daughters would be kidnapped and killed. That night, she immediately lodged a written complaint with the Tukaram Gate Police Station.
On the following day, two youths attempted to enter Mr. Kannabiran’s house but were stopped by Mrs. Vasanth Kannabiran, the wife of Mr. Kannabiran as well as a renowned women's rights activist and writer, who forced them to leave. When they left the house, she saw them getting on a motorcycle that had the word “Police” printed on the headlight.

INDONESIA - Training on human rights monitoring halted by raid
Press release - October 21st, 2003

On October 19th, a raid was conducted in the Aceh province against a training programme on Human Rights monitoring, organized by the National Human Rights Commission (KOMNAS HAM), a governmental body. On October 20th, two military representatives from the PDMD were included in the training programme as "participants." At lunchtime, both of them left the training session and at 3 p.m., around 20 troops and 20 police officers came to the Seulawah pavilion where the training session was being held. The police members denied that they had been informed about the training course, and members of the military said that permission was needed to hold it.

MALAYSIA - Judicial proceedings / Sentencing
Press release – October 15th, 2003
Press release – October 17th, 2003

The trial of Mrs. Irene Fernandez, Director of Tenaganita, an NGO working with migrant women, began on October 14th, in front of the Magistrates Court 5B, in Kuala Lumpur. Mrs. Fernandez was charged in 1995 with "publishing false information with malevolent intentions," under Section 8A of the PPDA (Printing, Presses and Publications Act), following the publication of a report entitled "Memorandum on abuses, acts of torture and inhuman treatment towards migrant workers in detention camps." On October 16th, the Magistrates Court 5B, pronounced a 12-month imprisonment sentence against Mrs. Irene Fernandez. She was however out on bail amounting to RM 3000 and she is expected to file an appeal to the High Court.

MOROCCO – Limits to freedom of association
October 10th, 2003 - MAR 003/1003/OBS 052

The Forum for Truth and Justice was forbidden to organize its caravan of the Truth near the former secret detention centre of Agdez in the Ouarzazate province between October 10th and 12th. This caravan, aimed at shedding light on the grave violations of human rights committed in Morocco during "lead years,” was initially planned for spring 2003 but had been postponed because of the bad situation in the region and in Morocco during this period.

MOROCCO - Threats
October 24th, 2003 - MAR 002 / 1003 / OBS 057

In June 2003, Ali L' mrabet, journalist and director of the satiric publications Tomorrow magazine and Douman, was condemned by the Court of Appeal of Rabat to a heavy prison sentence in a clear violation of his freedom of expression and has recently been made the object of pressures and threats within the prison of Rabat Salé where he is being detained. His family is also the object of meticulous and systematic searches when they visit him in prison. Ali L' mrabet suffers from vision problems and twitches in the hand and the right foot. The repeated demands by his family in order to give him access to a medical exam with a specialist have been ignored.

OSCE - Human Dimension Implementation Meeting,
Warsaw - October 7th, 2003

The Observatory intervened during the Human Dimension Implementation Meeting of the OSCE on October 7th, in order to draw the attention on the numerous violations on the individual and collective rights of human rights defenders in the member States of the OSCE, notably arbitrary detentions, judicial and administrative harassment, attacks of defenders and NGOs. In this respect, the Observatory expressed its deepest concern concerning the degradation of the situation of human rights defenders in Belarus and in Russia. The Observatory repeated its request to adopt a regional mechanism of protection of human rights defenders, mechanism of monitoring and follow-up, with a mandate to seek and call the states but also answer them. This mechanism should also estimate legislations relative to the freedom of association.

TANZANIA – Restrictions to freedom of association
October 8th, 2003 - Open Letter to the authorities

The Observatory express its deepest concern in regards to the 2002 law on NGOs (NGO Act) in Tanzania, which imposes serious restrictions on the freedoms of association and expression. The Observatory wishes to express its support to the initiative of the Tanzanian NGOs against the entry into force of the NGO Act, which is planned through its publication in the Official Gazette before the end of October 2003.

THAILAND - Fear for safety
October 6th, 2003 - THA 001/1003/OBS 049

Dr. Cynthia Maung's Mae Tao Clinic in the Mae Sot District of the Tak Province, which provides healthcare service to asylum seekers and migrants on the Thai-Burmese border, may be forced to close down as a result of the Thai Government's crackdown on migrant workers. On September 29th, the Mae Tao Clinic was inspected by Thai authorities who told Dr. Cynthia that she should prepare for the arrest and deportation of medics and school teachers who have previously been registered as migrant workers with the Ministry of Labour.

TUNISIA - Hunger strike
Press release - October 20th, 2003

Mrs Radhia Nasraoui, lawyer at the Bar of Tunis, began a hunger strike on October 13th, to protest the systematic obstacles that she faces as a lawyer and the constant harassment to which she, her family and her clients are subjected. Mrs Radhia Nasraoui has been a target of harassment for several years as a result of her legal involvement with political prisoners and being a defender of human rights.

TUNISIE – Judicial proceedings
Mission of judicial observation – October 28th 2003

The Observatory appointed an observer at the audience of the trial of Om Zied, famous journalist and founder member of the National council for the Liberties in Tunisia (CNLT). Om Zied is at present, pursued for " illegally detention of foreign currencies and delivery to a third party ". She risks five years of detention.

TURKEY - Judicial proceedings
Press Release – October 22nd, 2003

On October 20th, the Observatory and the Euro-Mediterranean Network for Human Rights (EMHRN) mandated two observers to attend the hearing against the founding members of the Turkish NGO "GIYAV" (Migration and Humanitarian Assistance Foundation), before the Adana State Security Court. Twenty-one members of GIYAV faced legal proceedings on the basis of article 169 of the Turkish Penal Code (TPC) concerning "abetting and harbouring an illegal organisation." The Adana State Security Court acquitted GIYAV members for violating article 169 and ordered that legal and administrative documents that were confiscated earlier this year by the Public Prosecutor be returned to the organisation. However, the Court decided to transfer the case of seven of them in front of the penal Court of Mersin, for violation of the article 312/1 of the penal code (" praising has crime ").

VIETNAM - Administrative detention
October 29th, 2003 - VTN 003 / 1003 / OBS 059

On October 8th, Security Police intercepted UBCV Patriarch Thich Huyen Quang and his deputy Thich Quang Do as they were leaving the Nguyen Thieu Monastery in Binh Dinh province to travel to Ho Chi Minh City. 200 monks and 1,000 Buddhist followers had formed a human wall around the van, and the convoy was immobilized by the police for 10 hours before it could continue. Thich Huyen Quang and Thich Quang Do were placed under house arrest and their monasteries subjected to round-the-clock surveillance. Several other UBCV Buddhist monks have been sentenced to administrative detention.

ZIMBABWE - Arbitrary arrests / Restriction of freedom of assembly
October 23rd, 2003 - ZIM 001/1003/055

On October 22nd, members of the police force arrested about 400 activists of the National Constitutional Assembly (NCA) in Harare, including the Chairman of NCA, Mr. Lovemore Madhuku, during a peaceful demonstration. The NCA activists were calling for more democracy and for a people-driven Constitution to replace the 1978 Constitution, which was drafted before Zimbabwe's independence. They have also been denied the access to their lawyers. Mrs. Beatrice Mtetwa, a famous lawyer and human rights defender, was beat up in a police station on October 12th, while she wished to raise a complaint for a theft of car.






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