UAE: Free human rights defender Dr Nasser Bin Ghaith

We, the undersigned NGOs, call on the authorities to immediately release human rights defender and professor of economics Dr Nasser Bin Ghaith, who remains in detention in an unknown location in the United Arab Emirates (UAE) for his social media posts and human rights activities. He has been denied proper access to his lawyer or family since his arrest in August 2015, and reportedly subject to torture in custody. The continued detention and charges violate his human rights, including his right to free expression.

On 18 August 2015, security officers in civilian clothes arrested Dr Bin Ghaith in Abu Dhabi and searched his home and confiscated personal items including electronic memory sticks. He was held incommunicado until finally being brought to the State Security Chamber of the Federal Supreme Court in Abu Dhabi on 4 April 2016, when he told the court he had been tortured and beaten in detention and deprived of sleep for up to a week.

On 2 May 2016, a second hearing took place to examine charges against Dr Bin Ghaith relating to his online postings. He stated that he is still being held in secret detention, a fact he had previously brought to the judge’s attention during his hearing on 4 April. The judge refused to listen to his complaints for a second time. Neither his family nor his lawyer knows where he is being detained, and his lawyer’s request to visit him has been denied repeatedly.

Dr Bin Ghaith is one of a group of men known as the “UAE5” who were imprisoned in 2011 and tried for “publicly insulting” UAE officials. That trial also breached international human rights law and was widely criticised by human rights groups, including signatories of this letter.

Charges in the current case against Dr Bin Ghaith include allegedly “committing a hostile act against a foreign state” in reference to statements he made on Twitter about the authorities and judicial system in Egypt. He was also charged with “posting false information in order to harm the reputation and stature of the state and one of its institutions” relating to other statements he made on Twitter claiming that he had not been granted a fair trial as part of the “UAE5” case.

A further charge brought against Dr Bin Ghaith of allegedly “posting false information about UAE leaders and their policies, offensively criticizing the construction of a Hindu temple in Abu Dhabi, and instigating the people of the UAE against their leaders and government” was related to a statement he made on Twitter intending to promote tolerance.

Dr Bin Ghaith was also accused of allegedly “communicating and cooperating with members of the banned Al Islah organization” referring to visits and meetings with members of the “UAE94”, a group of government critics and advocates of reform tried jointly in 2013 and sentenced to long prison terms. He was also accused of allegedly “communicating and cooperating with” the banned Emirates Ummah Party, based on a presentation he was invited to make on the Islamic Economy by a member of the Ummah party, in his capacity as a professor of economics.

At the latest hearing on 2 May, the court ordered the case to be adjourned until 23 May when the defence’s arguments will be heard.

We, the undersigned organisations, view Dr Bin Ghaith’s arrest, detention in an unknown location and without access to his family or a lawyer, and the baseless charges brought against him as a direct result of his human rights activities and non-violent expression. His conduct is protected under Article 19 of the Universal Declaration of Human Rights, which is considered to be reflective of binding customary international law. These charges, taken in the context of other charges against non-violent political groups and human rights defenders, appears to be an attempt by authorities to stifle any criticism, dissent or activities promoting human rights in the UAE.

We call on the UAE authorities to:
Immediately and unconditionally release Dr Bin Ghaith and drop all charges against him;
Pending the above, immediately disclose his current location and ensure proper access to his family, counsel and any medical treatment he may require;
Ensure that if his case proceeds, that it does so in a manner consistent with the UAE’s obligations under international law, in particular internationally recognised standards of due process and fair trial;
Investigate reports of torture and ill-treatment in detention;
and provide justice for those responsible and effective redress to Dr Bin Ghaith;
Sign and ratify the International Covenant on Civil and Political Rights, and bring all national laws into compliance with international freedom of expression standards.

Signed

Arabic Network for Human Rights Information (ANHRI)
ARTICLE 19
CIVICUS
FIDH, within the framework of the Observatory for the Protection of Human Rights Defenders
Front Line Defenders
Gulf Centre for Human Rights (GCHR)
Index on Censorship
International Service for Human Rights (ISHR)
Scholars at Risk Network
World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders

Difference Day: Should we celebrate or mourn press freedom?

L-r Antoine Kaburahe, Melody Patry, Jean-Paul Marthoz, Thierry Chervel, Abdualla Maksour and Rudi Vranckx at the Difference Day World Wide Worries About Free Reporting debate

L-R Antoine Kaburahe, Melody Patry, Jean-Paul Marthoz, Thierry Chervel, Abdualla Maksour and Rudi Vranckx discuss world wide worries about free reporting

This week’s Difference Day conference in Brussels was all about celebrating press freedom. “Should we instead mourn press freedom?” asked Jean-Paul Marthoz, EU correspondent for the Committee to Protect Journalists.

Journalists and media professionals from across the world attended the World Press Freedom Day event at the Bozar Centre for Fine Arts on 3 May.

Marthoz was joined at the World Wide Worries About Free Press debate by Index on Censorship’s senior advocacy officer Melody Patry, journalist Thierry Chervel, founder and director of Burundi-based newspaper IWACU Antoine Kaburahe, conflict journalist Rudi Vranckx, and Syrian journalist and novelist Abdualla Maksour.

Patry drew attention to the work of those who fight to protect press freedom. She said although she can understand the position of “pessimists among us today”, having “a day to celebrate journalism and the free press already shows that we are attached to the idea that we need to support and protect the standards of journalism across the world, and highlight the work of journalists who are imprisoned and even killed for reporting the news”.

Conflict journalist Rudi Vranckx was less optimistic. He told of how every translator he worked with in Iraq, Syria, Gaza and Egypt has since been forced to flee their home.

Vranckx’s concerns were shared by Maksour who, holding a sign with the Aleppo is burning hashtag, highlighted the situation in Syria, stating that 15 civilians had died there on that morning alone.

“You can’t find a foreign journalist out there because it is very dangerous – they will be arrested or be killed,” said Maksour, adding that the situation prevents us from seeing the real picture of what is going on in Syria.

In an earlier debate, EU Media, Censorship and Propaganda, Patry introduced Index on Censorship’s Mapping Media Freedom project and took part in a discussion with Marthoz, Jakub Kalensky of the East StratCom Task Force and Maria Donde, Ofcom’s international policy manager.

The debate focused on ways to counter propaganda with information that is readily and safely available for anyone, so that people can make up their own mind.

“People, of course, should have access to as wide a range of information as possible, but what’s continually important is for them to have critical understanding to be able to tell the difference between a fabricated, exaggerated, poorly sourced story and what is a credible news source,” Donde said.

Patry, agreeing with Donde, suggested people shouldn’t necessarily believe everything they see on the TV. “Journalists doing a good job, verifying sources, and verifying information is also part of improving the wider environment for press freedom and pluralism in Europe,” she added.

Difference Day showed that press freedom never comes without challenges. It may be time to ask ourselves seriously: is it time to mourn or celebrate?

Homophobia in Honduras: growing attacks on LGBT activists

[This article is also available in Spanish]

A year after returning from exile, Honduran gay rights activist Donny Reyes still fears a murderous attack at any minute.

“I’ve been imprisoned on many occasions. I’ve suffered torture and sexual violence because of my activism, and I’ve survived many assassination attempts,” he said, in an interview with Index on Censorship.

Activists in Honduras must contend with a constant barrage of threats and, often fatal, attacks. Reyes, the coordinator of the Honduran lesbian, gay, bisexual, and transgender advocacy group Arcoíris (Rainbow), had spent 10 months abroad for his own safety, but felt an obligation to return to the frontline of the fight against discrimination.

“To be able to continue with my personal life and my work I have to be conscious that [death] could come at any moment,” he said. “The truth is it doesn’t worry me anymore. What worries me is that things won’t change.”

Dozens of LGBT Hondurans are murdered each year, with few of the killers brought to justice, according to figures from respected Honduran NGO Cattrachas. Journalists and activists who speak out are often attacked. One of these was Juan Carlos Cruz Andara who died after being stabbed 25 times by unknown assailants last June.

Arcoíris reported 15 security incidents against its members during the second half of 2015, including surveillance, harassment, arbitrary detentions, assaults, robberies, theft, threats, sexual assault and even murder. Other LGBT activists have experienced forced evictions, fraudulent charges, defamation, enforced disappearances and restrictions of right to assembly.

The activists consulted by Index all said that the level of homophobic violence exploded after the ousting of liberal President Manuel Zelaya in the military coup of 2009. The election of right-wing candidate Porfirio Lobo Sosa the following year coincided with the militarisation of Honduras, a rise in gang-related violence, and a clampdown on human rights.

The records from Cattrachas show that on average two LGBT people were murdered each year in the country from 1994 to 2008. After the 2009 coup that rate rocketed to an average 31 murders per year, according to figures from Arcoíris. In early 2016 there were signs the situation was escalating further with the murder of Paola Barraza, a member of Arcoiris’s group, on 24 January. In reality though it is impossible to know precisely how many people have been killed because of their sexuality because the vast majority of cases remain unsolved.

Erick Martínez Salgado, who volunteers with LGBT advocacy group Kukulcanhn, told Index that gay activists protested heavily against discrimination and the coup. He believes the government came to view his group as a threat to the traditional social order and started targeting them to “send a message” to other protesters.

One of the most prominent gay rights activists of the time, Walter Tróchez, was killed in a drive-by shooting in December 2009. Human rights groups noted that he had previously been kidnapped, beaten and threatened for demonstrating against the coup and advocating for gay rights. Four years later, Tróchez’s friend and fellow gay rights activist Germán Mendoza was arrested and charged with his murder.

Mendoza told Index he was held in deplorable conditions and repeatedly tortured in a bid to make him plead guilty. Eventually he was released after proving his innocence last year. Mendoza believes he was arrested because the government wanted to use him “as a scapegoat to wash their hands of the responsibility” for Tróchez’s death, which remains unsolved. The Honduran government did not respond to requests for comment.

Gang warfare was a massive contributor to Honduras status as the nation with the world’s highest murder rate in 2012, however the gay community’s main concern is not gangs, but the state security forces.

“The police constitute the primary perpetrator of violations of the rights of the LGBT community,” the Coalition Against Impunity, an alliance of 29 Honduran NGOs, warned last year, citing alleged “police policy of frequent threats, arbitrary arrests, harassment, sexual abuse, discrimination, torture and cruel or degrading treatment”.

As a result many vulnerable activists are reluctant to ask for protection, for fear that contact with the police would expose them to greater security risks or reprisals.

The journalists who document homophobic violence in Honduras also risk their lives. Dina Meza, an independent investigative reporter who has covered the issue extensively, was nominated for an Index on Censorship Freedom of Expression Award in 2014 for her journalism. Meza said the country’s mainstream media often portrays the LGBT community in a negative light.

Meza, who launched the independent news site Pasos de Animal Grande last year to draw attention to the hardships facing the most vulnerable sectors of society, said reporters who cover violence against the LGBT community are also targeted. She said not only do journalists get physically assaul-ted by the security forces and expelled from public events, but they are also targets of government-led smear campaigns.

“It’s extremely common here for them to link human rights defenders to drug trafficking and organised crime, in a bid to sow doubts in people’s minds about the work that we’re doing,” she explained. “If we speak out at an international level they say we’re trying to undermine Honduras, discourage investment and see the country burn.”

Peter Tatchell, director of the London-based LGBT campaigning group the Peter Tatchell Foundation, called for the world to pay more attention to the killings. He said: “This extensive, shocking mob violence against LGBT Hondurans is almost unreported in the rest of the world. The big international LGBT organisations tend to focus on better-known homophobic repression in countries like Egypt, Russia, Iran and Uganda. What’s happening in Honduras is many times worse. Is this neglect because it is a tiny country with few resources and no geo-political weight? The UN, Organisation of American States and foreign aid providers need to do more to press the Honduran government to crackdown on anti-LGBT hate crime and to educate the public on LGBT issues to combat prejudice.”

Meza and the activists interviewed by Index also believe that Catholic and Evangelical Christian groups have become increasingly influential in Honduran society. Reyes from Arcoíris described the state, the church and the mainstream media as a triumvirate which has fuelled “impunity, fundamentalism, machismo and misogyny” across the country, with disastrous consequences for the LGBT community.

“At home and at school are the first two places where we’re attacked and discriminated. We flee home at very young ages because the family is built on religious values. Our families punish us in a cruel manner and this has a terrible psychological impact,” Reyes said. “Our educational and employment opportunities are diminished every day. We can be sex workers or street vendors, or stay in the closet in the hope of getting a job, but if they find out about your sexual orientation you’ll almost certainly be fired.”

Despite the risks he and his fellow activists face, Reyes said the drastic need for change is what gives them the strength to keep fighting discrimination: “We need a Honduras that’s free from violence and homophobia. We believe it’s our responsibility to fight for this so the next generation have a space to live in a better world.”

honduras english NEW

 This article is from the latest issue of Index on Censorship magazine. Order your copy here, or take out a digital subscription via Exact Editions (free trial or £18 for the year). Copies are also available at the BFI and Serpentine Gallery (London), News from Nowhere (Liverpool), Home (Manchester) and on Amazon. Each magazine sale helps Index on Censorship fight for free expression worldwide.

International groups call for immediate and unconditional release of Zainab Al-Khawaja

12 April 2016
HM Hamad bin Isa al-Khalifa
King of Bahrain
Riffa Palace
Manama, Bahrain

Dear King Hamad,

We, the undersigned Bahraini and international non-governmental organizations (NGOs), would like to unequivocally condemn your government’s arrest of human rights defender Zainab Al-Khawaja along with her infant son. The implementation of Ms. Al-Khawaja’s prison sentence for merely exercising her right to free expression and assembly amounts to arbitrary detention is wholly unacceptable. While Foreign Minister Sheikh Khaled bin Ahmed Al-Khalifa indicated an intention to release her, she has not yet been freed from prison and we are concerned that these arbitrary charges remain against her. We therefore call on the Government of Bahrain to secure her immediate and unconditional release.

On 14 March 2016, security forces raided the home of Ms. Al-Khawaja’s parents-in-law looking for her. When they did not find her there, they went to her apartment and arrested Ms. Al-Khawaja along with her 15-month-old son, Abdulhadi. After they temporarily detained her and her son at the Al-Hoora police station, the authorities informed Ms. Al-Khawaja that she would be taken for a medical examination at the Ministry of Interior before being transferred to the Isa Town Detention Center to serve out her prison term. From the time of her arrest at 3:45 pm until her midnight arrival at the detention facility, security services denied Ms. Al-Khawaja any food for her son, despite repeated requests. Isa Town Detention Center has recently suffered an outbreak of Hepatitis C which puts both mother and son at risk. The demeaning and dangerous conditions of the detention center where Ms. Al-Khawja and her infant son are kept indicate a gender specific attempt to destabilize and hinder her peaceful human rights advocacy.

Bahraini courts sentenced Ms. Al-Khawaja to a total of three years and one month in prison, as well as a BHD 3,000 fine, on several charges related to her peaceful dissent and free expression. In December 2014, a court sentenced Ms. Al-Khawaja to three years and three months in prison on charges related to allegedly insulting a police officer during a peaceful protest and insulting the king by tearing up a photograph. In October 2015, Bahrain’s appeals court confirmed her conviction for insulting the king but reduced her sentence to one year in prison. Additionally, on 2 February 2016, the appeals court upheld a 9-month prison sentence against Ms. Al-Khawaja after she tried to visit her father, human rights defender Abdulhadi Al-Khawaja, in Jau Prison when he was on a hunger strike in August 2014.

The international community has repeatedly expressed grave concern over your government’s decision to prosecute Ms. Al-Khawaja for exercising her right to free expression and assembly. In 2014, the UN Chair-Rapporteur of the Working Group on Arbitrary Detention and the UN Special Rapporteurs on freedom of opinion and expression, human rights defenders, and freedom of peaceful assembly and of association urged your government to drop all charges against Ms. Al-Khawaja, warning that her detention could be considered arbitrary. A year later, these same Special Procedures issued a joint communication to your government stating that Ms. Al-Khawaja’s sentencing appears to “indicate a prima facie violation of the rights to freedom of opinion and expression and to freedom of association, as set forth in articles 19 and 22 of the ICCPR [International Covenant on Civil and Political Rights].” The United States Government has previously expressed concern over the fairness of Ms. Al-Khawaja’s trial, and – most recently – the Government of Denmark has raised Ms. Al-Khawaja’s case at the 31st session of the Human Rights Council in Geneva, insisting that she and her son be released. Furthermore, Ms. Al-Khawaja’s arrest comes during a session of the UN Committee on the Status of Women, where your government is taking part in discussions on how to protect women rights globally, while targeting women human rights defenders locally.

On 7 April 2016, the Foreign Minister, Sheikh Khaled bin Ahmed Al-Khalifa, stated that the authorities intend to release Ms. Al-Khawaja on humanitarian grounds. Sheikh Khaled provided no timeline for her release and her family has received no further guarantee that the government will release Ms. Al-Khawaja from prison. However, the foreign minister did indicate that the government will not drop any of the charges against Ms. Al-Khawaja, leaving her vulnerable to her re-arrest at any time.

We would like to join this growing chorus of international voices in calling for the immediate and unconditional release of Zainab Al-Khawaja and her infant son. The broad criminalization of peaceful dissent and free expression in Bahrain, as well as the government’s continued harassment and detention of human rights defenders, contravenes your obligations under international law, and is wholly unacceptable.

Sincerely,

Americans for Democracy & Human Rights in Bahrain (ADHRB)
Arab Center for the Promotion of Human Rights (ACPHR)
Association for Women’s Rights in Development (AWID)
Bahrain Center for Human Rights (BCHR)
Bahrain Institute for Rights and Democracy (BIRD)
Canadian Journalists for Free Expression (CJFE)
Cartoonists Rights Network International
CIVICUS World Alliance for Citizen Participation
Electronic Frontier Foundation (EFF)
European-Bahraini Organisation for Human Rights (EBOHR)
European Center for Democracy and Human Rights (ECDHR)
Freedom Forum
Gulf Centre for Human Rights (GCHR)
Human Rights Network for Journalists – Uganda
Human Rights Sentinel
Index on Censorship
Institute for the Studies on the Free Flow of Information (ISAI)
Institute of the Press and Freedom of Expression (IPLEX)
International Federation for Human Rights (FIDH)
International Federation of Journalists (IFJ) Asia Pacific
Justice Human Rights Organization (JHRO)
Khiam Rehabilitation Center for Victims of Torture
Lawyers Rights Watch Canada (LRWC)
Maharat Foundation-Lebanon
MARCH
National Union of Somali Journalists (NUSOJ)
Nazra for Feminist Studies (Egypt)
Observatorio Latinoamericano para la Libertad de Expresión (OLA)
Pacific Islands News Association
Pakistan Press Foundation (PFF)
PEN America
PEN Canada
Saudi Organization for Rights and Freedoms
Salam for Democracy and Human Rights
Social Media Exchange (SMEX)
Vigilance for Democracy and the Civic State
World Association of Newspapers and News Publishers