Must Read: Recent ABA Abroad Column Calls for the Release of Human Rights Defenders in the Interest of COVID-19

The recent ABA Abroad Column, "Now more than ever, human rights defenders must be released from detention," written by two staffers from the American Bar Association’s Center for Human Rights (ABA CHR), addresses the need to release arbitrarily detained human rights defenders, in the interest of flattening the COVID-19 curve, upholding the fundamental rights of detainees and enhancing national security. 

In many countries where ABA CHR works, prisons are characterized by overcrowding; poor ventilation and sanitation; limited access to adequate healthcare services; and insufficient food provisions. Prisoners held under such conditions are extremely vulnerable to infectious diseases, and the infiltration of a virus such as COVID-19 could have devastating effects.

Human rights defenders play a pivotal role in promoting respect for human rights, mobilizing resources, disseminating information, fostering trust in government (to the extent deserved), and encouraging a unified response amongst citizens–all of which are elemental to containing the spread of COVID-19 and preventing the emergence of future pandemics. Now is the time, therefore, to release all human rights defenders.

The ABA Center for Human Rights has documented that the detention of the following individuals was arbitrary and calls for their release:

AFRICA

• Paul Chouta, a Cameroonian journalist charged with defamation and spreading fake news on the basis of his reporting. Chouta has been detained since May 2019 and the proceedings against him have been repeatedly delayed.
• Samuel Abuwe Wazizi, a Cameroonian journalist detained since August 4. Wazizi’s case was transferred to a military tribunal and he has been held in incommunicado detention since August 7.
• Tito Elia Magoti, a Tanzanian human rights lawyer, and Theodory Giyan, detained since Dec. 24 for their public criticism of the government. Their trial has been postponed seven times.

EURASIA

• Mansur Mingelov, a Turkmen minority rights activist detained since August 2012 and sentenced to 22 years in prison in August 2012 in a trial characterized by numerous fair trial violations.

MIDDLE EAST & NORTH AFRICA

• Hani Hussein, a Kuwaiti human rights lawyer detained since Feb. 19.
• Salman Al-Awda, a Saudi Arabian cleric detained since September 2017 and facing the death penalty. According to his son, Sheikh Awda last appeared in front of the Specialized Criminal Court on Dec. 29 and no new hearing date has been set.
• Raif Badawi, a Saudi Arabian blogger detained since June 2012 and sentenced to 10 years in prison and 1,000 lashes in May 2014.
• Samar Badawi, a Saudi Arabian women’s rights activist detained since July 2018. Badawi was set to appear in court on March 18, but her hearing date has been indefinitely postponed due to the COVID-19 outbreak.
• Israa Al-Ghomgham, a Saudi Arabian women’s rights activist detained since December 2015. In February 2019, Saudi Arabia’s public prosecutor confirmed that Ghomgham was no longer facing the death penalty. However, as of April, Ghomgham has not yet received her verdict.
• Loujain Al-Hathloul, a Saudi Arabian women’s rights activist detained since May 2018. Hathloul was set to appear in court on March 18, but her hearing date has been indefinitely postponed due to the COVID-19 outbreak.
• Mohammed Hassan Al-Habib, a Saudi Arabian cleric detained since July 2016 and sentenced to seven years in prison in January 2018.
• Waleed Abu Al-Khair, a Saudi Arabian human rights lawyer detained since April 2014 and sentenced to 15 years in prison in January 2015. Khair is the recipient of the 2019 ABA International Human Rights Award.
• Hassan Farhan Al-Maliki, a Saudi Arabian cleric detained since September 2017 and facing the death penalty. According to a family member, Sheikh Maliki last appeared in front of the Specialized Criminal Court on March 8, and was set to appear again on April 5, 2020 before Saudi Arabia’s Supreme Judicial Council postponed all hearings until further notice due to the COVID-19 outbreak.
• Ali Al-Nimr, a Saudi Arabian national detained since February 2012 and sentenced to death by beheading as a minor in May 2014 for participating in a peaceful protest.
• Issa Al-Nukheifi, a Saudi Arabian anti-corruption activist detained since December 2016 and sentenced to six years in prison in February 2018 in addition to a travel and social media ban post-release.
• Mohammed Al-Otaibi, a Saudi Arabian co-founder of the Union for Human Rights in Riyadh detained since May 2017 and sentenced to 14 years in jail in January 2018 in apparent connection to his legitimate rights work with the organization. Otaibi is currently appealing his guilty verdict.
• Abdulrahman Al-Sadhan, a Saudi Arabian humanitarian worker detained without charge since March 2018. According to his family, Sadhan has been held incommunicado since his arrest with the exception of a one-minute phone call that he made to his family in February.

SOUTH ASIA

In the summer of 2018, Maharashtra police arrested the following activists and lawyers who historically advocated for the rights of marginalized and vulnerable communities in India. A preliminary review by the ABA Center for Human Rights of the Bhima Koregaon judicial records raised serious concern regarding procedural irregularities, abuse of process, and violations of fundamental human rights. The majority of the detained Bhima Koregaon activists are senior citizens and many report health issues that put them at higher risk amid the COVID-19 pandemic.

• Sudha Bharadwaj, an Indian human rights lawyer detained since August 2018.
• Sudhir Dhawale, an Indian minority rights activist detained since June 2018.
• Arun Ferreira, an Indian human rights lawyer detained since August 2018.
• Surendra Gadling, an Indian human rights lawyer detained since June 2018.
• Vernon Gonsalves, an Indian academic detained since August 2018.
• Varvara Rao, an Indian academic detained since August 2018. On April 1, Rao was denied bail after India had begun its COVID-19 lockdown.
• Mahesh Raut, an Indian scholar detained since June 2018.
• Shoma Sen, an Indian professor detained since June 2018. On April 1, Sen was denied bail after India had begun its COVID-19 lockdown.
• Rona Wilson, an Indian civil rights activist detained since June 2018.

The Center for Human Rights also expresses their concern regarding reports of the impending arrest of Indian scholar Anand Teltumbde and Indian civil rights activist Gautam Navalakha amid the COVID-19 pandemic.

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Read the full article, "Now more than ever, human rights defenders must be released from detention," written by Mooya Nyaundi, senior staff attorney for Sub-Saharan Africa with the ABA Justice Defenders Program at ABA CHR; and Sonali Dhawan, program associate with the ABA Justice Defenders Program at ABA CHR.

ABA Abroad is a column highlighting the work of the ABA’s Center for Global Programs, which comprises the Rule of Law Initiative, Center for Human Rights and the ABA’s presence at the United Nations.