COVID-19: Jailed Human Rights Defenders Must Be Released Immediately

Апр 09.2020

In light of the serious threat posed to prisoners by the rapidly spreading novel coronavirus (COVID-19) pandemic, FIDH and its undersigned member organisations recall governments’ obligation to ensure the safety and health of detained individuals that are under their responsibility, and launch a campaign, #ForFreedom, to call for the release of all jailed human rights defenders (HRDs).

As the spread of COVID-19 poses an unprecedented threat, the need to release HRDs is more urgent than ever. Our rights and those who defend them must not become a casualty of this pandemic. FIDH and its member organisations are launching today a new global campaign #ForFreedom for the release of all HRDs detained worldwide. They should be freed and allowed to conduct their legitimate activities to defend the rights of individuals against injustice, discrimination, violence, and other forms of human rights violations.

“Hundreds of people all over the world are imprisoned not because they committed a crime, but because of their work to defend human rights. As legitimate actors of change, they should never have been detained in the first place,” declared Alice Mogwe, FIDH President. “As COVID-19 continues its rapid spread across the globe, it is time for governments to put an end to this injustice and release those who fight to uphold human rights.”

As stated by UN High Commissioner for Human Rights Michelle Bachelet, “Now, more than ever, governments should release every person detained without sufficient legal basis, including political prisoners and others detained simply for expressing critical or dissenting views.” This concerns minors, migrants, refugees, political opponents, journalists, and HRDs.

The campaign website profiles imprisoned HRDs, including Loujain Al-Hathloul (Saudi Arabia); Azimjan Askarov (Kyrgyzstan); Sevda Özbingöl Çelik and Hasan Ceylan (Turkey); Yuri Dmitriev (Russia); Leila de Lima (Philippines); Pablo Lopez Alavez (Mexico); Khalil Maatouk (Syria); Narges Mohammadi (Iran); Miyan Abdul Qayoom (India); Nabeel Rajab (Bahrain); Germain Rukuki (Burundi); Patrick Zaki (Egypt). The website will be regularly updated with additional arbitrarily detained HRDs.

The urgency of the current health crisis presents authorities with an opportunity to redress the unjust deprivation of liberty of all these individuals, many of whom are incarcerated in deplorable sanitary conditions and are denied adequate health care.

In such a context, FIDH and its undersigned member organisations more generally call on governments to relieve congestion in prisons by releasing vast numbers of prisoners on a temporary, permanent or conditional basis for public health reasons. Along with human rights defenders, priority should be given to the elderly, children, those with health conditions, prisoners of conscience, prisoners detained for expressing their opinions, administrative detainees, prisoners detained for minor or non-violent offences, untried detainees, and individuals held in immigration detention centres.

In times of crisis, governments have an obligation to protect those who are most vulnerable. Prison populations, confined to detention facilities that can easily become virus hotspots, are among those most vulnerable to the threat of the COVID-19 pandemic. This is a particular risk in countries where minimum standards for detention conditions are not met, overcrowding is the norm, and social distancing is impossible to achieve. The spread of the virus in places of detention will be inevitable unless urgent measures are taken to mitigate this risk. Otherwise, incarceration could be equivalent to a death sentence for many detainees who contract, or are at risk of contracting, the COVID-19 virus.

Such measures would be consistent with the UN Standard Minimum Rules for the Treatment of Prisoners (revised and adopted as the “Nelson Mandela Rules”), which detail measures aimed at ensuring adequate personal hygiene, health, and safety of prisoners, as well as the specific advice issued by the UN Subcommittee for the Prevention of Torture.

We welcome the move by a number of countries, including TurkeyTunisiaEthiopiaIndonesia, Senegal and Bahrain, to begin releasing prisoners in an effort to reduce overcrowding and prevent the spread of the virus. We urge these and other countries to include HRDs among those who should be released immediately. Many countries have excluded prisoners convicted of terrorism-related offences from the release, thus penalising HRDs unjustly criminalised on trumped-up terrorism charges. HRDs should be exempt from such blanket disqualifications as their human rights work must not be conflated with terrorism.

Check out FIDH’s #ForFreedom campaign for the release of imprisoned human rights defenders threatened by the pandemic

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Feedback from our focus groups

SHAKHBOZ LATIPOV

SHAKHBOZ LATIPOV

Experience should be attached to a law degree

Shakhboz Latipov, 24 y.o., young lawyer: “When I came to BDK for an internship, I had no experience in legal and human rights activities. Together with experienced senior colleagues, I began to attend trials, studied documents. Gradually my supervisor Khusanbai Saliev began to trust me the preparation of documents, carefully checked them and gave practical advice. Experience comes with time and cases you work on. Every day dozens of people who need help come to us, many of them are from socially vulnerable groups: the poor, large families, elderly citizens. A lawyer in a human rights organization sometimes acts as a psychologist, it is important for him to be able to maintain professionalism and show empathy. At the end of 2019, I successfully passed the exam to get the right to start working as attorney and now I work on cases as an attorney. I turn to my colleagues for help on complex issues, they always give me their advice. This is one of the strengths of the organization: there is support and understanding here.”

FERUZA AMADALIEVA

FERUZA AMADALIEVA

Organization unites regions

Feruza Amadalieva, social worker, leader, teacher: “TOT from BDK is a great opportunity to get acquainted with participants from different regions, we continue to communicate on social media and when we meet at events, as close friends, we have such warm relations! At the events, I improved my knowledge, systematized it, clarified how to apply it in practice. I really like the training modules and the way the system of training and practice is built: role-playing games, theory, discussions. Each person expresses himself/herself. I have become a leader for other vulnerable women, I try to help them and engage them in such events.” Feruza Amadalieva is a regular participant of many BDK events, she invites the BDK lawyers to provide legal advice to vulnerable women.

NURIZA TALANTBEK KYZY

NURIZA TALANTBEK KYZY

I became confident

In summer of 2019, Nuriza Talantbek kyzy took an active part in conducting regional screenings of documentaries, helped with organizational issues during the campaign dedicated to the International Day in Support of Victims of Torture, participated in trips, and did the TOT on women's leadership. She used to be a migrant, worked for an NGO in Osh, and now works in Bishkek in the service industry. She calls her participation in the TOT “an invaluable experience”: “I first attended such an event, and received exactly the information that I needed, for which I am sincerely grateful to the facilitators. I experienced very difficult issues in my life, and thanks to that knowledge, I was able to overcome them, I persevered! After the TOT, I became more confident, began to better understand the essence of human rights, and learned to defend my interests.”

SHUKURULLO KOCHKAROV

SHUKURULLO KOCHKAROV

The defendant has passed away. The work on his rehabilitation continues.

The case of Shukurullo Kochkarov shows that work on complex cases continues for many years. After the torture he was subjected to in 2010, he became disabled. We managed to get acquittal on one of the charges; the work is ongoing on achieving his rehabilitation and recognition as a victim of torture in order for compensation to be paid. Trials continue without Shukurullo Kochkarov - he died on 2 August 2019. His interests are represented by his father, Saidaziz Kochkarov, who also has a visual disability. “For many years, we have been supported by the employees of BDK, they have been handling the case of my son, they brought him to court because he couldn’t walk on his own, they constantly help our family: my wife and I underwent rehabilitation, they have helped my son by providing him with medicines, they provide all kinds of help”.

DILYOR JUMABAEV

DILYOR JUMABAEV

Comprehensive support for victims of torture

Resident of the Kara-Suu district, Dilyor Jumabaev, has extensive experience in dealing with law enforcement agencies. In 2010, he was accused of possessing firearms, and thanks to the work of lawyers, he was acquitted. Two years later, his house was first searched in order to find materials of an extremist nature, but nothing was found. In 2014, he was accused of possessing extremist materials. In court, the prosecutor requested 15 years in prison; the court sentenced him to 6 years. A few years later he was released on parole. “I am grateful to the lawyers of BDK for their expert legal assistance. I participated in a rehabilitation program for victims of torture. When I encounter violations, I recommend contacting this organization.”

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