treatment to punish them for or discourage them from their human rights work.
They should not be held in prolonged incommunicado detention. They should
have access to a lawyer of their choice and be allowed to receive visits from their
families. They should be provided with adequate food and health care while in
detention. They should not be subjected to harsh prison conditions and should be
absolutely protected from any form of torture and other cruel, inhuman or degrading treatment. Authorities have an obligation to exercise due diligence in protecting them from abuses by other detainees or inmates and to hold perpetrators of
abuses, including potential instigators, to account. All allegations of torture and
other ill-treatment must be promptly, independently and effectively investigated
and referred to prosecution authorities.
35. Authorities should also take into account specific problems that women and other
human rights defenders who are at particular risk may face in detention, protect
them from gender-specific violations while in detention, including through the provision of gender-sensitivity training for police and law enforcement personnel, and
provide appropriate services in accordance with relevant international standards.
Fair trial
36. Where criminal charges are brought against them, human rights defenders are
entitled to a fair trial before a competent, independent and impartial tribunal. This
includes that human rights defenders accused of a crime have access to legal representation provided by a lawyer of their choice, are not put under duress to extract a
confession and that evidence, including witness statements, obtained through torture and other ill-treatment is excluded from legal proceedings. Assertions made
against human rights defenders that are based on the misconduct of investigating
or other officials should also not be used against them in the trial. Their lawyers
must be effectively protected from pressure from any public official or non-state
actor. Any form of pressure on the clients of human rights defenders or others to
testify against them in court must also be prevented. Confidentiality of communication between the lawyer and the human rights defender facing trial must be fully
guaranteed, while legal aid schemes should be available and accessible to human
rights defenders to ensure that those who do not have the means to pay for it are
appropriately represented when facing trial and to ensure equality of arms.
C. Confronting stigmatization and marginalization
37. State institutions and officials must refrain from engaging in smear campaigns,
negative portrayals or the stigmatization of human rights defenders and their
work. This includes the negative labelling of human rights defenders, discrediting
human rights work and human rights defenders or defaming them in any way.
38. States should take proactive steps to counter smear campaigns against and the stig-
matization of human rights defenders, including by third parties. They should publicly acknowledge the need to protect human rights defenders and the importance
Guidelines on the Protection of Human Rights Defenders
7
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