Freedom of expression:
•
Removing criminal libel and insult provisions from national legislation.
2.2. Protecting the rights of human rights defenders
One of the core responsibilities of any government is to protect its citizens from
violence or the threat of violence, whether the target is a human rights defender or
not. That said, this report and ODIHR’ s 2007 report show that defenders are often the
target of such attacks. In certain cases, defenders may be particularly vulnerable,
especially when they deal with or attempt to address controversial issues.158
This means that governments may, in some cases, have to provide physical protection
for defenders under their obligation to protect the right to life and freedom from
torture, inhuman and degrading treatment. Participating States should actively and
promptly prosecute violent attacks against human rights defenders. It is also important
for participating States to make high-level statements that condemn such attacks and
show their support for the work of defenders.
Participating States submitted a number of examples of practices that protect the
rights of human rights defenders.
Physical protection
Defenders may sometimes need to be offered physical protection. The Human Rights
Agenda Association, a Turkish NGO, informed ODIHR that, after the killing of Hrant
Dink, a number of defenders, including lawyer Orhan Kemal Cengiz, Prof. Dr.
Baskın Oran, and Ali Bayramo lu, were provided with personal security guards.159
Certain defenders and institutions, particularly ombudsman institutions, may have a
right to protection based on their status as a constitutional body.160 Protection may
also include other measures, such as advising defenders and issuing restraining orders
against those who seek to threaten or harm them.161
Using criminal law against those using violence against human rights defenders
Defenders speak out on many different issues, some of which may make them the
target of physical attacks by both governmental and non-governmental actors.
Individuals criticized by defenders may seek revenge, and those who strongly
disagree with them may harass or threaten them in an attempt to get them to stop their
activities. In addition to targeting particular defenders, such violence, threats, and
intimidation can also have a silencing effect on others, including the wider
158
For a list of particularly vulnerable groups, see the report by the former UN special representative of
the secretary-general on human rights defenders, Hina Jilani, “ Promotion and protection of human
rights: human rights questions, including alternative approaches for improving the effective enjoyment
of human rights and fundamental freedoms: human rights defenders” , U.N.Doc. A/61/312, 5 September
2006, para. 70,
<http://daccessdds.un.org/doc/UNDOC/GEN/N06/488/07/PDF/N0648807.pdf?OpenElement>.
159
Information provided by the Human Rights Agenda Association (Turkey), 9 May 2008.
160
Slovakia’ s response to ODIHR’ s questionnaire, 26 May 2008; information also provided by
Armenia’ s human rights defender, 28 May 2008.
161
Germany’ s response to ODIHR’ s questionnaire, 30 May 2008.
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