The Russian Federation: ICJ urges investigation of Chechnya attack on a lawyer and a journalist

The Russian Federation: ICJ urges investigation of Chechnya attack on a lawyer and a journalist

The ICJ expresses concern at today’s physical assault of a lawyer and a journalist, who arrived in Grozny to take part in the trial of blogger Islam Nukhanov.

The ICJ called on the authorities of the Russian Federation and its Chechen local authorities to investigate the attack and ensure that those responsible be brought to justice.

On 6 February, at around 22.00 lawyer Marina Dubrovina (photo) and Yelena Milashina, a journalist of Novaya Gazeta, a Russian newspaper, were beaten up by a group of young women in the lobby of the “Kontinent” Hotel in Grozny, Chechnya.

Both women suffered injuries to the face and body. Dubrovina and Milashina had come to Grozny to observe the trial of Islam Nukhanov, a blogger from the town of Kogalzm in the Tumen Oblast of the Russian Federation, charged with possession of a weapon, who has been detained by Chechen police since November 2019 after he posted a video on YouTube, with footage allegedly taken near the residence of the head of the Chechen Republic, Ramzan Kadyrov.

On 7 February, neither Dubrovina nor Milashina was admitted to the courtroom where Nukhanov was tried, due to the public and the media reportedly being excluded from the hearing.

The ICJ urges the federal and local authorities of the Russian Federation, to investigate the attack against Dubrovina and Milashina in a prompt and independent manner.

Measures should be taken to ensure that lawyers, especially when exercising their professional duties, are protected against such attacks.

Furthermore, Islam Nukhanov’s trial should be held in public, unless and until the authorities demonstrate that the circumstances of his trial require that the public and the media be excluded from it, consistent with relevant international fair trial standards.

Background

Islam Nukhanov, 27, is a blogger of Chechen origin was apprehended on 1 November 2019 in Grozny after he posted a video clip where he filmed streets and houses in Grozny, allegedly, near the residence of the head of the Chechen Republic Ramzan Kadyrov. Since his apprehension, Nukhanov has been in detention.

In 2018, the ICJ expressed concern at allegations that the arrest and detention of Oyub Titiev, the head of the Chechen branch of the Russian human rights organisation Memorial, was carried out as retaliation for his human rights activity.

In 2016, the ICJ expressed concern at the reported resignations of federal judges in the Chechen Republic of the Russian Federation following apparent pressure by the acting Head of the Republic Ramzan Kadyrov who had suggested that resignation would be the “most correct decision of their lives”

The ICJ is concerned at the regular attacks on lawyers and human rights defenders in Chechnya, which are systemic and may have the purpose of intimidating those who wish to defend human rights in the Chechen Republic of the Russian Federation.

The UN Basic Principles on the Role of Lawyers provide that “where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities”.

 

Hong Kong: ensure police do not use excessive force against protesters

Hong Kong: ensure police do not use excessive force against protesters

Authorities in Hong Kong must avoid using excessive force to respond to protesters as the political crisis in the city deteriorates, the ICJ said today.

Media reports today show scenes of spiraling violence as police try to force their way into the campus of Hong Kong Polytechnic University (PolyU) past barricades erected by students and demonstrators.

“Any police who use excessive force, particularly as they surround and attack student protesters inside PolyU, must be sanctioned,” said Frederick Rawski, ICJ’s Asia Director.

“The events of the past week mark a further deterioration in the situation in Hong Kong – one that can only be effectively addressed through genuine political dialogue, and a commitment to holding police who use unlawful force accountable,” he added.

This morning, more than 100 people were also arrested in Tsim Sha Tsui, hands zip-tied by police and detained in public.

The ICJ urges the Hong Kong SAR government to:

• Ensure that people are able to exercise their freedom of expression, assembly, association and right to political participation;
• Review the means and methods used for the policing of assemblies, including the use of water cannons, tear gas, batons and shields, to ensure that they are not applied indiscriminately and excessively or against peaceful protesters and that they do not result in an escalation of tension;
• Ensure that all victims of excessive use of force by law enforcement officials are provided with access to medical services;
• Ensure that the detained people’s rights to timely and confidential access to counsel;
• Undertake prompt, independent, impartial and thorough investigation of all allegations of unlawful use of force, with a view to holding accountable any responsible authorities including possibilities of criminal prosecution of police officers, and providing an effective remedy and reparation, including compensation and rehabilitation to victims.

Additional information

  • Under the Bill of Rights Ordinance and Basic Law Article 39, the International Covenant on Civil and Political Rights is applicable in Hong Kong. Pursuant to the ICCPR, the Hong Kong SAR government has a duty to guarantee and protect the rights to freedom expression and freedom of assembly and freedom from torture and other cruel, inhuman or degrading treatment or punishment, including through the unlawful use of force.
  • Under the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, “Law enforcement officials shall not use firearms against persons except in self-defence or defence of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving grave threat to life, to arrest a person presenting such a danger and resisting their authority, or to prevent his or her escape, and only when less extreme means are insufficient to achieve these objectives. In any event, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life.”
  • Since June, large numbers of people have taken to the streets of Hong Kong to protest against the now-withdrawn extradition bill, which would have allowed case-by-case fugitive transfers to mainland China.
  • Police have used excessive and indiscriminate force against protesters, in contravention of international standards, as well as arrested, harassed and attacked journalists. Police have regularly deployed tear gas against crowds and using water cannons, rubber bullets, pepper spray, and batons on protesters. On 15 November, hundreds of riot police fired more than 1,500 canisters of tear gas on the grounds of the Chinese University of Hong Kong (CUHK). On November 11, a police officer shot a protester with live ammunition.

Contact

Frederick Rawski, ICJ’s Asia Director, t +66 644781121 ; e: frederick.rawski(a)icj.org

Boram Jang, ICJ Legal Adviser, Asia & the Pacific Programme, e: boram.jang(a)icj.org

Turkey : IBAHRI and ICJ observe criminal trial on “Gezi Park” protests

Turkey : IBAHRI and ICJ observe criminal trial on “Gezi Park” protests

The ICJ and the International Bar Association’s Human Rights Institute (IBAHRI) have jointly sent an international observer to attend the third hearing of the criminal trial on the “Gezi Park” protest at the Silivri Prison Courthouse in Istanbul, scheduled to take place on 8 and 9 October 2019.

The ICJ and IBAHRI observer will be monitoring a trial hearing before İstanbul 30th Assize Court with prinicipal defendant Osman Kavala, and 15 others; Ali Hakan Altınay, Ayşe Mücella Yapıcı, Ayşe Pınar Alabora, Can Dündar, Çiğdem Mater Utku, Gökçe Yılmaz, Handan Meltem Arıkan, Hanzade Hikmet Germiyanoğlu, İnanç Ekmekci, Memet Ali Alabora, Mine Özerden, Şerafettin Can Atalay, Tayfun Kahraman, Yiğit Aksakoğlu and Yiğit Ali Ekmekçi.

The observer will report directly to the IBAHRI and ICJ Secretariats on the proceedings following the mission.

The Gezi Park protests began in May 2013 as an effort by a group of environmentalists to save a park in central Istanbul from being rezoned, but soon turned into nationwide demonstrations.

The protest was quelled by police with the use of tear gas and water cannons against the protesters in Taksim Square. Following a six-year investigation into the events, the 657-page indictment issued by the Istanbul Chief Public Prosecutor’s Office was accepted by the 30th A Court in Istanbul on 4 March 2019.

The defendants are to be charged under Turkish Criminal Code Article 312 (attempt to overthrow the Turkish Government or attempt to prevent it from fulfilling its duties), Article 151 (damage to property), Article 152 (qualified damage to property), Article 174 (possession or exchange of hazardous substances without permission), Article 153 (damaging places of worship and cemeteries), Article 149 (qualified robbery),  Article 86 (intentional injury); crimes under the Law on Firearms, Knives and Other Tools no. 6136, and crimes under the Law on Protection of Cultural and Natural Assets no. 2863.

The total sentence asked for by the prosecution for these offences amounts to approximately 47,520 years imprisonment.

Contact:

Massimo Frigo, Senior Legal Adviser, t: +41 22 979 38 05 – e: massimo.frigo(a)icj.org

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