politically-motivated investigations and prosecutions or to the otherwise abusive
application of laws and regulations for their human rights work.
28. Effective oversight mechanisms should be put in place to investigate possible mis-
conduct by law enforcement and judicial officials concerning the judicial harassment of human rights defenders. In addition, any structural shortcomings that
may give rise to the abuse of power or corruption within the judiciary and law
enforcement should be rigorously addressed.
29. Law enforcement officers, military personnel, public servants and other state
employees who speak out against human rights violations or are engaged in other
activities in defence of human rights should be protected from intimidation and
harassment, disciplinary or other proceedings. In particular, the justice and discipline systems should not impose disproportionate limitations on members of the
armed forces that would effectively deprive them of the right to defend human
rights. Limitations on the rights of members of intelligence services and other
security-sector officials have to meet the strict requirements of necessity and
proportionality.
30. States should also protect, in law and practice, human rights defenders who are
engaged in litigation from retaliatory charges, arbitrary prosecutions and other
legal actions in response to cases that they file. Furthermore, their physical and
personal integrity must be fully protected within and outside of the courtroom.
Lawyers engaged in human rights work should not face intimidation or reprisals,
such as the threat of disbarment, for their defence of human rights or of other
human rights defenders.
Arbitrary detention and treatment in detention
31. States should not subject human rights defenders to arbitrary deprivation of lib-
erty because of their engagement in human rights activity. Any form of deprivation of liberty must be based on and in accordance with procedures established by
law, subject to the possibility for the detained to challenge the legality of detention
before a competent court and otherwise comply with international human rights
standards.
32. Human rights defenders arbitrarily detained should be immediately released. In
this context, states should fully comply with decisions and opinions issued by
international human rights mechanisms.
33. Human rights defenders should not be held in temporary or administrative deten-
tion for the purpose of intimidation or coercion or to prevent them from carrying
out their human rights work.
34. Human rights defenders deprived of their liberty must always be treated with
respect for and in accordance with international standards, without discrimination of any kind. Human rights defenders should not be singled out for selective
6
Guidelines on the Protection of Human Rights Defenders
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents