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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