01/06/2015 JUA Egypt Freedom of expression; Freedom of peaceful assembly and of association; Health; Torture; Alleged arbitrary arrest and detention, torture and ill-treatment, and denial of medical treatment of two minors by Egyptian security forces. According to the information received, on 22 February 2014 and 3 March 2015, two under aged Egyptian brothers were arrested and arbitrarily detained by Egyptian security forces, subjected to severe acts of torture and ill-treatment, and denied access to medical While both minors have been charged with, inter alia, “affiliation to the Muslim Brotherhood”, they have not been brought before a judge and no evidence has been presented by the public prosecutor to justify their continued detention. 01/06/2015 AL Mauritanie Slavery; Observations concernant le projet de loi abrogeant et remplaçant la loi n° 2007– 048 du 3 septembre 2007 portant incrimination de l’esclavage et réprimant les pratiques esclavagistes afin de le rendre conforme aux normes internationales relatives aux droits de l’homme. Les points soulignés font référence aux visites officielles du mandat en Mauritanie (en 2009 et 2014) et portent sur, entre autre, les définitions des formes contemporaines d’esclavage, l’accès effectif à la justice pour les victimes, le droit des victimes à la réparation et la nécessité d’une approche globale comprenant des mesures d’assistance aux victimes et soutenant leur réintégration.
08/06/2015 JUA Thailand Arbitrary detention; Freedom of expression; Torture; Alleged arbitrary detention, torture and ill-treatment in police custody of four persons. According to the information received, on 9 and 10 March 2015, Mr. Sansoen Srioonruen, Mr. Norapat Luaphon, Mr. Wichai Yoosuk and Mr. Chanwit Jariyanukul were arrested, detained and subjected to torture and ill-treatment by Bangkok military police officers. The four men are suspected of having planned, during a meeting of social activists that took place in the Khon Kaen Province on 14 and 15 February 2015, the attack with a grenade at the Bangkok Criminal Court on 7 March 2015. The allegations described in the communication reportedly take place in a context of increased restrictions on multiple rights and fundamental guarantees, including on the right to freedom of opinion and expression, as well as restrictions against political opponents, since the military coup of 22 May 2014, as pointed out by several special procedures in previous communications, including in a joint urgent appeal sent on 8 December 2014, A/HRC/29/50, case no. THA 13/2014. 09/06/2015 AL Afghanistan Discrimination against women; Letter concerning discriminatory provisions against women in national legislation. According to the information received, current marital law in Afghanistan discriminates against women in that the household’s supervision is solely the right of the husband. Furthermore, the wife’s right to leave the home is restricted, pursuant to Article 133 of the Shia Personal Status Law of 2009 of Afghanistan. 09/06/2015 AL Japan Discrimination against women; Letter concerning discriminatory provisions against women in Japanese national legislation. According to the information received, articles 731 and 733 of Japan’s Civil Code discriminate against women in that they permit 16-year-old girls to be married while the minimum legal age for marriage for boys is 18, and prohibit women from remarrying for six months after the dissolution or cancellation of a marriage.
12/06/2015 JAL Egypt Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Allegations concerning growing restrictions on civil society and increased targeting of human rights defenders in the context of the implementation of the Law on Non-Governmental Organizations (Law 84/2002). According to the information received, in April 2015, a committee of experts of the Ministry of Social Solidarity was assigned to investigate the Egyptian Democratic Academy. In December 2014 and January 2015, Mr. Hossameldin Ali, Mr. Ahmed Ghonim and Ms. Esraa Abdel Fattah, all Academy members, were banned from traveling abroad. On 9 June 2015, the committee inspected the Cairo Institute for Human Rights Studies, whose staff, including Mr. Bahey el-Din Hassan, its general director, have recently been stopped by airport authorities, upon arrival and departure from the country, and have regularly been questioned about their work. Furthermore, in September 2014, the registration application of the Foundation of victims of abduction and enforced disappearance, as regulated by the Law, was rejected without any justification given. The Egyptian Commission for Rights and Freedoms’ application was also denied without reason given. Furthermore, on 2 June 2015, Mr. Mohamed Lotfy, its executive director, was stopped at Cairo airport and banned from traveling to Germany to address the German Parliament on the human rights situation in Egypt. Concerns relative to the Law were addressed in four previous communications sent on 17 November 2011, see A/HRC/19/44, case no. EGY 12/2011; on 12 February 2013, see A/HRC/23/51, case no. EGY 4/2013; on 20 March 2013, see A/HRC/24/21, case no. EGY 5/2013; and on 29 August 2014, see A/HRC/28/85, case no. EGY 11/2014.
12/06/2015 JUA Sudan Arbitrary detention; Freedom of expression; Freedom of peaceful assembly and of association; Freedom of religion; Independence of judges and lawyers; Minority issues; Sudan; Summary executions; Alleged arbitrary detention and criminal charges against two clergymen as well as undue restrictions of religious freedom of the Christian communities in Sudan. According to the information received, on 2 December 2014, 39 Sudan Evangelical Presbyterian Church members who peacefully assembled around the church to defend the property from being confiscated by the authorities were arrested. Reverends Yat Michael Ruot Puk and Peter Yien Reith were arrested separately on 14 December 2014 and 11 January 2015 respectively, and held incommunicado until their transfer to Omdurman Men’s Prison on 1 March 2015. Reportedly, on 4 May 2015, they were both brought to the Khartoum Bahri Criminal Court for hearings. Reverend Michael and Reverend Peter reportedly face six criminal charges, some of which carry the death penalty or life imprisonment. Both clergymen were recently transferred to Kober prison, a high security facility, and have had no access to their families and lawyers since 4 June 2015. Reports also indicate that the religious autonomy of churches, the rights to freedom of expression, religion and of peaceful assembly of the Christian religious minorities have been seriously undermined by ongoing mass expulsions, arrests, detentions of foreign Christians and confiscation or destruction of church properties since the end of 2012. 15/06/2015 JAL Japan Environment; Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Allegations of harassment, excessive use of force and arbitrary arrests of peaceful protestors in Okinawa. According to the information received, an unknown number of individuals, including Mr. Masatsugi Isa, Mr. Hiroj Yamashiro, Mr. Dagakku Tanimoto and Mr. Nakasone, were arrested and some of them charged with participating in peaceful sit-in protests in front of the gate of Camp Schwab. The sit-in protests are organized against the lack of public consultation about the construction of a new United States of America military base in the northern region of Okinawa, which is being built over entire coral colonies and involves the complete land fill of a bay that is the breeding ground of the endangered dugong species and will lead to the destruction of an entire ecosystem.
03/08/2015 JAL Maroc Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Torture; Allégations d’actes d’intimidations et de harcèlement contre des défenseurs des droits de l’homme et d’autres individus exerçant leur droit à la liberté d’association et de réunion pacifique au Sahara occidental. Selon les informations reçues, de nombreux défenseurs des droits de l’homme, de militants politiques et associatifs et plus généralement d’individus exerçant leurs droits à la liberté d’association et de réunion pacifique au Sahara occidental, feraient régulièrement l’objet d’une surveillance de police, devant leur domicile ou leur lieu de travail. Cette situation inclut notamment les cas de Mme Fatimetou Bara, Présidente de l’Observatoire des femmes et des enfants, de Mme Ghalia Djimi, Présidente de l’Association Sahraouie des Victimes des Violations Graves des Droits de l’Homme Commises par l’Etat du Maroc, de M. Hmad Hamad, Vice-président de l’association Comité pour la défense du droit à l’autodétermination du peuple sahraoui ou de M. Alouat Sidi Mohamed de l’Association pour les Handicapés. De plus, il est rapporté que dans des nombreux cas de manifestations pacifiques organisées au Sahara occidental depuis le début de l’année 2015, des forces de sécurité auraient commis des violences contre des manifestants et des passants, parmi lesquelles M. Abdallahi Toubali.
18/08/2015 JAL Angola Business enterprises; Freedom of expression; Human rights defenders; Allegations concerning the trial and conviction on charges of criminal defamation of an Angolan journalist and human rights defender. According to the information received, Mr. Rafael Marques de Morais was indicted in January 2013 on charges of defamation in relation to his book titled "Blood Diamonds: Corruption and Torture in Angola" which was published in Portugal in 2011. It is alleged that a number of procedural irregularities took place during the pre-trial period of Mr. Marques' trial. Furthermore, additional charges were lodged against Mr. Marques when the trial started on 24 March 2015, bringing the total criminal defamation charges lodged against him to 24. Conviction on such charges could allegedly lead to a nine year prison sentence and fine of 1.2 million USD. The case had reportedly been settled by way of a negotiated agreement in May 2015. However, the settlement agreement was then reversed and the court sentenced Mr. Marques to six months in prison, suspended for two years, whereby, if he engages in any behaviour that the Republic of Angola deems criminal, the sentence will be implemented. 18/08/2015 AL Bahrain Freedom of expression; Allegations concerning the temporary suspension of the independent newspaper Al Wasat and restrictions to freedom of expression and opinion in Bahrain. According to the information received, on 6 August 2015, the Information Affairs Authority (IAA), which is primarily responsible for regulating press and publications in Bahrain, announced the temporary suspension of the Al Wasat newspaper until further notice. The IAA claimed that the suspension of Al Wasat’s activities was due to its “violation of the law and repeated dissemination of information that affects national unity and the Kingdom’s relationship with other countries”. The Bahraini authorities have allegedly intimidated and harassed the Al Wasat newspaper and its staff over a period of several years. Although the suspension was lifted on 8 August 2015, concern is raised at the impact of the initial decision and the “chilling effect” on the freedom of the media in Bahrain, stifling reporting on issues of public interest. mentioned
24/08/2015 JUA Ukraine Disappearances; Independence of judges and lawyers; Alleged enforced disappearance of a Russian national in Ukraine after being released from detention. According to the information received, on 6 March 2015, the Ovidiopol District Court of Odessa region passed a sentence which found Mr. X guilty of “trespass against the territorial integrity and inviolability of Ukraine”. The court also decided to exempt Mr. X from punishment under the regime of probation. After being released from custody, Mr. X was allegedly invited by convoy officers to receive his personal belongings. Mr. X was reportedly approached by several individuals, allegedly belonging to the Security Service of the Odessa Region in Ukraine, who used violence to place him into a minibus and drove off. It is reported that no messages or phone calls have been received from Mr. X since then. His fate and whereabouts remain unknown to date. 24/08/2015 JAL Uzbekistan Freedom of expression; Health; Human rights defenders; Allegations of judicial harassment of a human rights defender, including the declaration by a Court that he is “mentally incompetent”. According to the information received, on 15 May 2015, Mr. Shukhrat Rustamov was ordered by the Shaykhantakhur Inter-District Civil Court of Tashkent City to undergo a medical examination. On 11 June 2015, Mr. Rustamov submitted a report on the human rights situation in Uzbekistan to a State embassy in Tashkent. The report summarized 2,500 complaints that Mr. Rustamov had previously submitted to the President of Uzbekistan concerning human rights violations committed by representatives of the Uzbek authorities. On 26 June 2015, Mr. Rustamov was forcibly brought by police officers to the Psychiatric-Neurological Dispenser No.1 of Tashkent City in order to undergo the medical examination previously ordered by the court. Mr. Rustamov refused to undergo the examination on the basis that he wanted to appeal the court order. On 20 July 2015, the Shakhantahurskij Regional Court found Mr. Rustamov to be “mentally incompetent”. This decision was reportedly based on Mr. Rustamov’s medical results. However, Mr. Rustamov had not undergone any medical examination. On 18 August 2015, the Tashkent City Court on Civil Matters upheld the decision of the Shakhantahurskij Regional Court.
02/09/2015 JAL Congo (Republic of the) Disappearances; Summary executions; Torture; Allégations d’exécutions sommaires et extrajudiciaires, de disparitions forcées et de torture. Selon les informations reçues, en décembre 2013, des soldats, originaires de la République du Congo de la Mission internationale de soutien à la Centrafrique (MISCA) auraient torturé mortellement deux éléments de la milice anti-balaka dans la région de Bossangoa. Les tortionnaires auraient versé du plastique fondu et brûlant sur le corps de leurs victimes, les mutilant jusqu’à ce que mort s’en suive. En mars 2014, dans le village de Boali, suite à une embuscade contre une patrouille des soldats congolais de ladite mission ayant entraîné la mort de l’un d’entre eux et ayant blessé quatre autres, ils auraient procédé à l’arrestation, puis auraient sommairement exécuté plus de dix personnes. D’autres seraient portés disparus. De graves préoccupations sont exprimées quant aux allégations de torture et d’exécutions sommaires commises par des soldats originaires de la République du Congo contre des miliciens anti-balaka et leurs proches. Ce cas a fait l’objet de trois autres communications adressées respectivement au Gouvernement de la République Centrafricaine, numéro cas CAF 1/2015; à l’Union Africaine, numéro cas OTH 5/2015; ainsi qu’au Département de maintien de la paix de l’Organisation des Nations Unies, numéro cas OTH 6/2015.
07/09/2015 JAL Hungary Migrants; Racism; Torture; Allegations concerning the Government of Hungary’s actions aimed at preventing the mobility of asylum seekers and migrants onto and/or within its territory. According the information received, since April 2015, the Government has taken a number of measures aimed at preventing asylum seekers and migrants from either entering or exiting the country. In May, the Government mailed more than eight million questionnaires entitled “national consultation on immigration and terrorism” to its citizens reportedly inciting hatred and actively promoting hostility towards migrants. In early June, the Government reportedly launched a controversial billboard campaign against migration. On 17 June 2015, the Minister of Foreign Affairs and Trade announced the closure of the Hungarian-Serbian border by erecting a four-meter-high fence by the 175-kilometre long border section. In July, Hungary’s parliament passed new legislation tightening asylum rules. On 1 September, the Hungarian police reportedly sealed off a major railway station in Budapest in order to prevent migrants from leaving Hungary. Grave concern is expressed at the above actions taken by the Government as part of a wider pattern of racism, racial discrimination and xenophobia against foreigners, migrants and asylum seekers.
21/09/2015 JAL Kyrgyz Republic Arbitrary detention; Freedom of expression; Freedom of peaceful assembly and of association; Freedom of religion; Minority issues; Torture; Alleged persecution of religious minorities in Kyrgyzstan in the form of a raid and closure order against a Baptist Church, and a raid, arbitrary detention and torture of Jehovah´s witnesses. According to the information received, on 9 July 2015, authorities conducted an illegal raid on the premises of Baptist Church Elchilik Jiyini in Kemin. On 29 July 2015, authorities allegedly issued an official warning against Elchilik Jiyini Church for not having submitted compulsory reports and for possession of illegal publications. On 5 August 2015, authorities allegedly issued a decree ordering the suspension of the Church’s activities. On 9 August 2015, in another case, the police, led by an officer who has reportedly been involved in previous violations against Jehovah´s Witnesses, stopped a religious Jehovah Witnesses service in Osh city and arrested 10 of the participants, all of them male adults: Mr. Eldiyar Ormonov, Mr. Arstan Botokhanov, Mr. Iskander Kambarov, Mr. Zhakonchir Asanbayev, Mr. Nurlan Usupbayev, Mr. Chorobek Kadyrov, Mr. Bakytbek Kubanychbek Uulu, Mr. Manas Bilal Uulu, Mr. Razan Korgolov and Mr. Islamedin Kombarov. The police allegedly also tortured the latter six and filed an administrative case against Mr. Nurlan Usupbayev, the organizer, which was however dismissed by the Osh City Court. 21/09/2015 JAL Philippines Education; Indigenous peoples; Allegations concerning a government directive to close community schools and disruption of classes in Mindanao, regions XI and XII, due to systematic attacks reportedly committed by state and alleged paramilitary forces on schools. According to the information received, an official communication from the Department of Education of 12 May 2015 has instructed the closure of at least 24 community schools in Davao (region XI) and Caraga (region XIII), affecting more than 2,800 indigenous children, and their replacement by schools with military personnel as “para-teachers”. Additionally, other community schools in Mindanao have been increasingly disrupted or suspended due to alleged systematic attacks on schools and harassment of teachers, students and parents reportedly perpetrated by state and alleged paramilitary forces, often in collusion with local authorities.
25/09/2015 JUA India Freedom of expression; Human rights defenders; Summary executions; Alleged attacks and death threats against a human rights and anti-corruption activist in the District of Shahjahanpur, Uttar Pradesh, India. According to the information received, on 15 December 2010 Mr. Prakash Chandra Pathak, a human rights and anti-corruption activist, was driving home when his car was shot at indiscriminately by unknown assailants. On 14 January 2015, Mr. Pathak’s house was set on fire while he was inside. He managed to escape from the house unharmed and identified one of the assailants. On 22 July 2015, he filed a request with the authorities for protection against death threats he had been receiving from people accused by him of corruption and malpractices. On 27 August 2015, Mr. Pathak’s house was again attacked by four or five unidentified individuals, with the presumed intention to kill him. On 3 September, Mr. Pathak filed a complaint regarding a corruption case following which he received new death threats. 25/09/2015 JAL Ireland Adequate housing; Water and Sanitation; Alleged increase of homelessness and lack of access of those who are homeless to emergency shelters and to safe drinking water and sanitation in the city of Cork. According to the information received, the number of homeless persons has been rising in the past few years in the city of Cork, Ireland, and it is currently estimated to be at 600 people due to lack of affordable housing, the impact of austerity measures and the global financial crisis. This exceeds the capacity of emergency shelters available in the city. In addition, there have not been any free public water and sanitation services for at least ten years. The water and sanitation services available to homeless persons through the emergency establishments are reportedly inadequate.
06/10/2015 AL Egypt Freedom of expression; Letter concerning the arrest, detention and sentencing of three Al Jazeera journalists. On 1 September 2015, the United Nations Special Rapporteur on the promotion and protection of the freedom of opinion and expression issued a press release condemning the sentencing of Mr. Mohamed Fahmy, Mr. Bahar Mohamed and Mr. Peter Greste and urged their immediate release. This statement was endorsed by the Chair-Rapporteur of the United Nations Working Group on Arbitrary Detention. On 3 September 2015, the Permanent Mission of Egypt submitted a response to the Special Rapporteur, noting Egypt’s disappointment at the assertion that “freedom of expression is not respected in Egypt” and emphasizing its constitutional guarantees protecting this right, freedom of the press and media and independence of the judiciary. In his reply, the Special Rapporteur further elaborates on his concerns regarding the situation of freedom of expression in Egypt and also the legitimate limitations to this right. 06/10/2015 JAL Kazakhstan Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Allegations of potential human rights violations as a result of a draft law relating to the activities of non-governmental organizations which, if adopted with no further changes, may seriously compromise the independence and existence of civil society organizations in Kazakhstan. According to the information received, on 7 July 2015, a draft law amending the laws on non-profit organizations, on state social order (procurement), and the Code of Administrative Offences, was introduced before the National Parliament. On 23 September 2015, the Lower House of the Parliament approved the draft law in first and second readings and it is reportedly now before the Senate for its consideration. The draft law establishes a new operator with the power to provide governmental and non-governmental grants to non-governmental organizations, which may give the authorities the ability to control the entire sector. The draft law also prohibits associations receiving governmental grants from using more than 10 percent of their funding for administrative expenditures, hence with the potential to compromise the existence of civil society organizations. Further, despite consultations with civil society organizations, some important suggestions made have not been reflected in the final draft.
13/10/2015 JUA Iran (Islamic Republic of) Arbitrary detention; Freedom of expression; Freedom of religion; Health; Human rights defenders; Independence of judges and lawyers; Iran; Summary executions; Torture; Allegations concerning the deteriorating health conditions of a political prisoner. According to the information received, Mr. Mohammed Ali Taheri, who has been sentenced to death for “corruption on earth”, is currently engaged in a hunger strike that is approaching two months in length. He is protesting the illegitimacy of the crime he was convicted of as well as the deprivation of due process in the case and for the subsequent appeal. Mr. Taheri’s medical condition is deteriorating quickly and he is at risk of death. Mr Taheri has been the subject of five previous urgent appeals sent on 10 July 2013, see A/HRC/25/74, case no. IRN 11/2013; 22 August 2013, see A/HRC/25/74, case no. IRN 13/2013; 24 March 2014, see A/HRC/27/72, case no. IRN 4/2014; 25 November 2014, see A/HRC/28/85, case no. IRN 28/2014; and 10 August 2015, see A/HRC/28/85, case no. IRN 12/2015. 13/10/2015 JAL Madagascar Summary executions; Torture; Allégations de violations du droit à la vie et de torture. Selon les informations reçues, depuis la mi-août, les forces de l’ordre malgaches auraient commis de nombreux cas de torture et d’exécutions sommaires dans le cadre des opérations militaires contre des voleurs de bovidés dénommés “dahalos” dans le sud du pays. Ces faits s’ajoutent à des actes répétés du même genre commis entre 2012 et 2015. De graves préoccupations sont exprimées quant au manque d’investigations concernant les cas allégués.
27/11/2015 JUA Iraq Summary executions; Terrorism; Torture; Alleged torture, and imminent execution of two juvenile offenders. According to the information received, Mr. Saleh Moussa Ahmed (Yemeni national) and Mr. Hamaad Abdel-Rahman Hamaad (Saudi national), two juvenile offenders, are reportedly at risk of imminent execution in Iraq. It is also reported that several people may have been secretly executed by the authorities in March 2015. Concerns are raised about the imminent execution of Messrs. and Hamaad. 30/11/2015 JUA Democratic Republic of the Congo Arbitrary detention; Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Independence of judges and lawyers; Allégations de détention arbitraire de deux défenseurs des droits de l’homme. Selon les informations reçues, le 21 janvier 2015, M. Christopher Ngoyi Mutamba, défenseur des droits de l’homme et coordinateur d’un réseau d’organisations de la société civile, aurait été arrêté à Kinshasa par la police militaire congolaise. M. Ngoyi aurait été détenu incommunicado, puis présenté devant le tribunal de paix de Kinshasa Matete, accusé d’avoir publié de fausses informations, d’avoir incité au non-respect de la loi, à la rébellion, et à la haine raciale, de destruction de propriété et de vol. Le 15 mars 2015, M. Yves Makwambala, concepteur du site web de la plateforme Filimbi, aurait été arrêté par des agents de l’Agence nationale de renseignement avec une trentaine de jeunes activistes et défenseurs des droits de l’homme lors d’une conférence de presse. Le 5 mai 2015, il aurait été transféré à la prison de Makala à Kinshasa, accusé, entre autres, d’attentat contre la vie du chef de l’Etat. Dans le cadre de ces deux affaires, la défense aurait fait appel sur des questions de procédure. Les deux procès auraient été suspendus dans l’attente de la décision des juridictions saisies.