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Tackling impunity: expectations and challenges facing the Human Rights Council
by International Federation for Human Rights (FIDH)
 
Opening the 21st session of the Human Rights Council, UN Secretary-General Ban Ki-moon and High Commissioner for Human Rights Navy Pillay urged the 47 member states to show they take their mandate of promotion and protection of human rights seriously, by addressing adequately the most pressing crises and chronic situations. Throughout the three weeks session, FIDH will mobilise, in support of its member organisations, to address issues of impunity and tailor a much needed response of the international community to situations in the Sudans, Mali, the Maldives, Afghanistan, Bahrain and Syria.
 
While the Council is expected to renew its attention on Sudan, “we are concerned that impunity has fuelled further grave human rights violations” declared FIDH President Souhayr Belhassen. Civilians pay a heavy toll in the conflicts in Southern Kordofan, Blue Nile states or contested provinces like Abyei.
 
The humanitarian situation in Darfur remains a matter of concern. In the North, youth protests are repressed through an excessive use of force, and dissident voices, be them from journalists or human rights defenders are silenced, victims of arbitrary arrests and intimidation.
 
FIDH regrets that the Government of Sudan has denied access for the UN Independent Expert to the conflict areas and call on the Council to react strongly and make explicit reference to the monitoring dimension of its mandate, and condemn ongoing serious violations of human rights perpetrated in several parts of the country.
 
FIDH also calls for the establishement of an independent monitoring mechanism of the situation in Southern Kordofan and Blue Nile states, qualifying violations and identifying their authors.
 
Meanwhile, the new state of South Sudan is faced with important human rights challenges.
 
Women still suffer violence and discriminations, freedom of expression for human rights defenders and the media are neither safeguarded nor respected, and arbitrary arrests and detentions remain too frequent. Without a legal and institutional framework "to protect human rights, the authorities’ commitment to fundamental freedoms are meaningless.
 
"This issue must be urgently addressed if the country wants to achieve successful transition towards a peaceful rule of law and respect for democratic principles", declared Souhayr Belhassen, calling on the Council to extend its monitoring of the situation and strenghten its technical assistance to the country.
 
In the Maldives, the situation of human rights took a radically new turn after the transfer of power. FIDH has documented the deterioration of freedom of assembly and freedom of the media, as well as the development of police brutality and arbitrary arrests.
 
Most importantly, FIDH was able to witness the rise of the influence of radical groups detrimental to women’s rights, among others, as demonstrated on 4th September with the sentencing of a 16-year old girl to flogging.
 
FIDH calls on members of the Human Rights Council to publicly condemn the deterioration of the situation and to call upon independent investigations and prosecution into the human rights violations, and for the release of those arbitrarily detained.
 
"Fundamental pillars of a free society such as freedom of the press, freedom of assembly and women’s rights are endangered and states should speak out at the Council to address a clear warning to Maldives that it acts under close watch from the international community", Souhayr Belhassen declared.
 
FIDH will also advocate for a continuing engagement of the Council in Mali. While the ICC Prosecutor has opened a preliminary investigation into the crimes committed in Northern Mali since January 2012, the Human Rights Council should draw its attention to the consolidation of democracy, of the rule of law and of the economic and social rights of women and men of Mali, to further build an appropriate response to the concerns for the life of the population and the stability of the region. In this respect, the High Commissioner should be requested to present a comprehensive report at the next session in March 2013.
 
FIDH is also advocating for more attention to be given to the situation in Afghanistan at the Council. "The numerous challenges, regarding women’s rights, women’s participation to public life, transitional justice, vetting of the security sector and reform of the judiciary cannot be met without a strong and sustained support from the community of states", declared Souhayr Belhassen.
 
In this context, FIDH calls for the High Commissioner’s annual report on Afghanistan to be presented at the March session of the Council, and encourages the Government of Afghanistan to take the initiative as an evidence of its determination to collaborate with the international community in a transparent way on these challenges.
 
Notwithstanding its Universal Periodic Review and declarations made by the Government of Bahrain at the international level, the human rights situation in Bahrain continues to deteriorate, where the repression against dissident voices has taken a tougher stance, with the heavy sentencing of 20 political opponents, and the detention and prosecution of human rights activist Zainab Al Khawaja and FIDH Deputy Secretary-General Nabeed Rajab.
 
While the High Commissioner and several Special procedures have condemned repeatedly the attacks against the opposition and human rights defenders, the Human Rights Council should condemn in broader terms the situation and call for the release of individuals detained for the exercise of their freedom of expression and right to assembly, and set up an independent monitoring of the evolution of the situation.
 
Finally, on Syria the Council should renew and strengthen the mandate of the international Commission of investigation, for it to pursue the collection of evidence and documentation of criminal responsibilities.
 
The Council should also call upon the Security Council to hold perpetrators accountable for their crimes by refering the situation to the International Criminal Court. "The crimes documented on a daily basis in Syria cannot be met with impunity. The Council has a crucial role to play: that of paving the way to future criminal proceedings" Souhayr Belhassen said.


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Russian band Pussy Riot sentenced to 2 years in prison colony
by The Observer & agencies
Russia
 
17 August 2012
 
"Our goal was to bring attention to Father Kirill"s public statements that the Orthodox must vote for Mr. Putin," Maria Alyokhina told the court.
 
Three members of the Russian punk band Pussy Riot are facing two years in a prison colony after they were found guilty of “hooliganism motivated by religious hatred”.
 
Maria Alyokhina, 24, Nadezhda Tolokonnikova, 22, and Yekaterina Samutsevich, 30, appeared calm as a judge handed down the sentence, to cries of "Shame!" inside and outside court. Judge Marina Syrova said she rejected their arguments that they had not intended to offend religious believers but were protesting against the Orthodox church"s support for President Putin.
 
Catherine Ashton, the EU"s high representative, said she was disappointed by the verdict. "It puts a serious question mark over Russia"s respect for international obligations of fair, transparent, and independent legal process," she said.
 
Mr. Putin has alleged that foreign powers are behind the protest movement against his rule, launched shortly after he announced last autumn that he was returning to the presidency.
 
The three women were arrested in March after performing an anti-Putin "punk prayer" inside Moscow"s Cathedral of Christ the Saviour. The case against them is seen as serving two functions: a warning to other dissidents, and an appeal to Putin"s conservative base.
 
On Friday night, the Russian Orthodox church whose leader has been criticized for his open political allegiance with the Putin regime, repeated its criticism of the band"s "blasphemous" protest, but called on state authorities "to show mercy".
 
Dozens of protesters were arrested outside court.
 
The country"s rubber-stamp parliament has recently passed a law forcing nongovernmental organisations that receive international grants to declare themselves "foreign agents", and another that could prompt widespread censorship of the internet.
 
Protests in support of Pussy Riot were held around the world in dozens of cities. Amnesty International and Human Rights Watch called the sentence a blow to freedom of expression inside Russia.
 
Boris Akunin, one of Russia"s most popular authors, said that the verdict had doomed Putin to "another year and a half of international humiliation."
 
Other supporters were less optimistic. Tolokonnikova"s husband Pyotr Verzilov said blame for the verdict rested with one man alone: "Whatever Putin wants, Putin gets."
 
The Director of Amnesty International"s Europe and Central Asia Programme, John Dalhuisen has linked the sentence to the Kremlin and said that its attempt to "discourage and delegitimise dissent".
 
The Russian authorities should release the members of Pussy Riot. What Maria Alekhina, Nadezhda Tolokonnikova and Ekaterina Samutsevich did was calculated to shock - and did shock many.
 
But in sentencing them to two years imprisonment, Russia has set the limits of freedom of expression in the wrong place. A number of measures restricting the freedom of expression and association have been introduced in response to the wave of protest that accompanied the recent parliamentary and presidential elections. This trial is another example of the Kremlin"s attempts to discourage and delegitimise dissent. It is likely to backfire".
 
Human Rights Watch Central Asian director Hugh Williamson said: The charges and verdict against the Pussy Riot band members distort both the facts and the law... These women should never have been charged with a hate crime and should be released.
 
The members of the Russian feminist punk group had targeted some of Moscow"s most well-secured sites with their flash concerts – the metro, a jail, Red Square – but it was a 40-second performance inside Russia"s official church that proved a step too far for a system increasingly intolerant of dissent.
 
Their lawyers called the court hearings worse than a Soviet-era show trial, although the consequences are likely to be less grave.
 
Pussy Riot formed as an anonymous feminist punk collective in October 2010, in the weeks after Mr Putin"s declaration that he would return to the presidency after four years as prime minister. He had stepped down because the constitution did not allow more than two consecutive terms as president. His formal return, although expected, sent a wave of anger through segments of Russian society. Some began to refer to him as Tsar; others used the word "authoritarian".
 
The women of Pussy Riot, students and graduates of some of Moscow"s most prestigious schools, were among that number. "A lot of us couldn"t sleep after this announcement," a member of the band, said during a rare interview early this year. "We felt such anger because of this arrogance towards citizens. So we decided, damn it, we need to do something."
 
Nadezhda Tolokonnikova, believes "Art is politics," when asked in January if Pussy Riot considered themselves protesters or artists. "We couldn"t imagine ourselves without one or the other. We don"t understand how an artist can think about society but say he"s apolitical."
 
When opposition leader Alexei Navalny was arrested at Russia"s first big protest on 5 December and sentenced to 15 days in jail, they performed outside his cell. Their notoriety was sealed in January when eight members of the band took to a platform on Red Square calling for "revolt in Russia".
 
On 21 February four members of the band walked into the Cathedral of Christ the Saviour. They thought they were highlighting the church"s increasingly close relationship with the state and what they saw as campaigning for Putin by Patriarch Kirill, its leader.
 
"Our goal was to bring attention to Father Kirill"s public statements that the Orthodox must vote for Putin," Alyokhina told the court.
 
If you"re pro Pussy Riot you"re against the Orthodox church, by Oleg Kashin.
 
The Russian justice system has a rather rich tradition of issuing knowingly unjust verdicts. But never before has a Russian court handed down its decision based on medieval church councils, the internal order of the church. This is not a joke: in the verdict it is said that the defendants "suffered from mixed personality disorder displayed by their active position in life".
 
The reconstruction of the political space in Russia began almost right after the mass protests in December of last year demanding honest elections. Mr Putin didn"t start flirting with the "creative class", where most of the protesters came from, but instead devoted his pre-electoral campaign on creating the maximum amount of discord between the "creative class" and the "simple people", who, if you believe the propaganda, support Mr Putin. The Pussy Riot case takes this dichotomy to a new level, adding to it a religious component. If you"re against Putin that means you"re against the Orthodox church. You can sneer at this formulation all you want, but it makes Putin"s power more stable. The animosity being cultivated in Russian society will become a source of legitimacy for Putin.
 
Thanks to the trial against Pussy Riot, the main theme of discussion in Russian society became the role of the Orthodox church in the life of the country, and there are much fewer opponents of Orthodoxy among Russians than opponents of Putin.
 
Showing an unjust, inquisitorial trial, which, with a sinking heart, the whole world is watching, stole the attention of Russian society from the repression of members of the opposition. For example, there are currently 12 members of the last big organized protest threatened with jail sentences.
 
* One member of Pussy Riot has been subsequently released.


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