Intimidation and harassment may also be initiated by non-state actors, with the
state either condoning or actively supporting such actions. Judicial harassment
and criminalization can result in human rights defenders facing arbitrary arrest
and detention,134 long prison terms or the deprivation of their liberty on other
grounds, such as by involuntary psychiatric commitment for punitive purposes.135
96. Racist, sexist and other bias by representatives of state authorities, including law
enforcement agents and judicial officials, may impact both the capacity and the
political will to condemn, investigate and prosecute instances of threats and violence directed towards human rights defenders working on minority rights and
gender issues.136 It may also result in or compound judicial and other forms of
harassment by the authorities targeting these human rights defenders. Human
rights defenders working on issues perceived as sensitive in some participating
States, such as gender-based violence and women’s rights, have also faced observably higher risks of such undue interference with their activities.
97. Harassment and intimidation may take subtle forms, often disguised as for-
mally originating in the law. Legislative vagueness and loopholes in the law may
be exploited to criminalize human rights defenders (see also the section on Freedom of opinion and expression below). The UN Special Rapporteur on the situation of human rights defenders has observed a particular tendency whereby more
sophisticated forms of interference with the work of human rights defenders are
employed, “including the application of legal and administrative provisions or the
misuse of the judicial system to criminalize […] their activities.”137 The Special
Rapporteur has noted that “[t]hese patterns not only endanger the physical integrity and undermine the work of human rights defenders, but also impose a climate
of fear and send an intimidating message to society at large.”138
134 The UN Special Rapporteur on the situation of human rights in Belarus, for example, has noted reports
of “persistent acts of intimidation and the judicial harassment of human rights defenders, at times resulting in
prison sentences and heavy fines amid reports of due process irregularities in trials”, UN Doc. A/HRC/23/52,
18 April 2013, para. 92.
135 According to information reported to ODIHR, the forced institutionalization of human rights defenders
in psychiatric hospitals to silence them is often accompanied by involuntary medical treatment, which is an interference with the right to private life and can constitute a serious violation of the right to physical integrity.
See, for example, the concerns about the alleged forced psychiatric treatment and confinement of human rights
defenders expressed by several UN Special Procedure mandates, including the Special Rapporteur on the situation of human rights defenders, in their joint urgent appeals to the governments of Ukraine and Kazakhstan,
UKR 2/2013, 22 July 2013, <https://spdb.ohchr.org/hrdb/24th/public_-_UA_Ukraine_22.07.13_(2.2013).pdf>;
and KAZ 4/2013, 22 August 2013, <https://spdb.ohchr.org/hrdb/24th/public_-_UA_Kazakhstan_22.08.13_
(4.2013).pdf>.
136 As set out in the section on “Confronting stigmatization and marginalization” below, in its resolution on
women human rights defenders the UNGA expressed particular concern at discriminatory practices and social
norms or patterns that serve to condone violence against women, and invited leaders from all sectors of society,
including political, military, social and faith leaders, to express public support for the important role of women
human rights defenders and the legitimacy of their work. See A/RES/68/181, preamble and operative para. 15.
137 Report of the Special Rapporteur on the situation of human rights defenders, A/HRC/25/55, 23 December 2013, para. 59.
138 Ibid.
Guidelines on the Protection of Human Rights Defenders
55
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