• Human Rights Defenders in the OSCE Region
6.
Harassment of lawyers. Lawyers in particular were threatened and intimidated
on a number of occasions, simply for exercising their duty to defend their
clients vigorously. For example, three lawyers were prosecuted for appealing
the sentences of their clients.34 Another lawyer was accused of violating her
professional duties and threatened with disbarment.35 A criminal case was
filed alleging “misuse of official position” against two lawyers who had alleged
that their clients had been tortured.36 In another case, the defence minister
called for the resignation of the president of a law association, accusing his
NGO of being politicized and misusing foreign funding.37 Just like other
human rights defenders, lawyers engaged in human rights work were also the
subject of threats from unidentified persons.38
7.
Threats of prosecution. Human rights defenders often face threats for simply
doing their work. Sometimes, these threats are official, e.g., where a prosecutor
threatens to open a case against them for the content of their work, such as
by describing it as “slanderous”, “defamatory”,39 “libellous”,40 “insulting”,41
or as “incitement to hatred and hostility”42 towards the government and/or
towards those whose alleged human rights violations are being addressed.
34 Case of Zaruhi Postanjian, Ashot Atoyan, and Stepan Voskanian (Armenia), FIDH, “Overview
of Major Human Rights Issues in the Republic of Armenia”, 13 November 2006, <http://www.fidh.org/
article.php3?id_article=3803>. The Human Rights Defender of the Republic of Armenia reports that the
case was concluded on 30 May 2007 on grounds of absence of corpus delicti, and that he had treated the
case as a violation of the freedom of speech.
35 Case of Karinna Moskalenko (Russian Federation), IHF, “Human Rights Defenders at Risk”,
contribution to OSCE SHDM on the “Promotion and Protection of Human Rights”, p. 3.
36 Case of Ana Ursachi and Roman Zadoinov (Moldova), UN SRSG, op. cit., note 15, para. 453; for
the government’s response, see para. 455.
37 Case of Georgian Young Lawyers Association (Georgia), HRW, “World Report 2007”, Georgia
section, p. 392.
38 Case of Lela Bekauri (Georgia), UN SRSG, op. cit., note 15, paras. 284, 286; FIDH/OMCT, op.
cit., note 19, p. 515. The Government of Georgia states that the only complaint received in this case was
the letter of the UN Special Representative on Human Rights Defenders and the UN Special Rapporteur
on the Independence of Judges and Lawyers. A subsequent criminal investigation failed to establish that
any threat had taken place or the identity of the person responsible.
39
Case of Maxim Kuleshov (Kyrgyzstan), FIDH/OMCT, op. cit., note 19, p. 479.
40 Case of the NGO Spravedlivost, HRW, “Kyrgyzstan: Human Rights Watch’s Open Letter on Libel
Trial Against Spravedlivost”, press release, 13 June 2007.
41 Case of Abdumalik Sharipov and Mahamatjan Abdujaparov (Kyrgyzstan), FIDH/OMCT, op.
cit., note 19, p. 519.
42 Case of Ibrahim Kaboglu and Baskin Oran (Turkey), UN SRSG, op. cit., note 15, para. 683; for
the government’s response, see para. 690.
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