B. Protection from judicial harassment, criminalization and arbitrary arrest and
detention
92. By proclaiming that “all action by public authorities must be consistent with the
rule of law, thus guaranteeing legal security for the individual,”130 participating
States reaffirmed the priority of the legality principle with regard to the actions
of public authorities, thus prohibiting the arbitrary or discriminatory targeting of
individuals. In addition, they have committed themselves to “ensure that no one
will be subjected to arbitrary arrest, detention or exile.”131 With specific reference
to journalists, they have condemned “all attacks on and harassment of journalists”
and endeavoured “to hold those directly responsible for such attacks and harassment accountable.”132
93. The UN Human Rights Council has called upon states to ensure that the promo-
tion and protection of human rights are not criminalized and that human rights
defenders are not prevented from enjoying universal human rights as a result of
their work. Furthermore, the Council has called on states to ensure that no one
is subjected to, inter alia, arbitrary arrest or detention, the abuse of criminal and
civil proceedings or threats thereof.133
Criminalization and arbitrary and abusive application of legislation
94. Nevertheless, in a number of OSCE participating States, human rights defenders
continue to be criminalized for legitimate activities in promoting and protecting
human rights and are targeted by judicial and other forms of harassment. For the
purpose of the present Guidelines, the term “judicial harassment” is understood as
the application of unwarranted legal and administrative proceedings or any other
forms of misuse of administrative and judicial authority, including arbitrary and
abusive application of legislation with the purpose or effect of obstructing or stigmatizing human rights work.
95. The judicial harassment of human rights defenders and the criminalization of their
work take a number of forms, including the following: the prosecution of human
rights defenders under vague laws allowing for the arbitrary application of laws that
criminalize legitimate human rights activities; fabricated criminal charges, spurious lawsuits or false civil claims; disproportionate sanctions for minor offences;
and the abuse of administrative procedures and regulations (for example, concerning the operation of NGOs, financial and tax matters or road traffic regulations).
In some participating States, such incidents of harassment by law enforcement
and security services and judicial and other state officials are reported frequently,
with family members of at-risk human rights defenders of also being targeted.
130 Budapest 1994, “Decisions: VIII. The Human Dimension”, para. 18.
131
Vienna 1989, “Questions Relating to Security in Europe: Principles”, para. 23.1.
132
Budapest 1994, “Decisions: VIII. The Human Dimension”, para. 37.
133 UN Human Rights Council, Resolution on protection of human rights defenders, A/HRC/RES/22/6, paras. 6 and 11(a).
54
Guidelines on the Protection of Human Rights Defenders
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