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. 36

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents