A/HRC/54/61
noting that “whether a particular act constitutes an offence would depend on the facts and
circumstances of each case, and hence over-generalization is neither possible nor
appropriate”. It further noted that “normal interactions with international organizations
(countries and regions) are protected, and that in relation to Jimmy’s Lai case, some are
attempting to interfere with ongoing judicial proceedings in HKSAR by exploiting the
mechanism of the United Nations”.29
29.
According to information received by OHCHR, the international legal team has
reportedly been subject to attempts of online surveillance, in connection to the defence of
Mr. Lai and related international advocacy on the case, including during their engagement
with the United Nations. The international legal team and related staff have reportedly been
the target of cyber-attacks in the form of repeated attempts to hack their e-mail accounts,
devices and bank accounts, as well as impersonation e-mails (inbound and outbound) and emails threatening prosecution and extradition to HKSAR from accounts purporting to belong
to the HKSAR authorities. They have also reportedly received over e-mail and on social
media death and rape threats, and threats to family members.
30.
On 28 July 2023, the Government responded to the note verbale sent in connection to
the present report noting that the State respects and safeguards human rights and protects, in
accordance with the law, routine exchanges and cooperation with the United Nations. The
Government denied allegations of reprisals against those who cooperate with United Nations
human rights mechanisms and opposed the use of what it characterized as false allegations
of so-called reprisals as a pretext to interfere with judicial processes.
31.
The Government reiterated that the “National Security Law” does not affect the lawful
exercise of the rights and freedoms of Hong Kong residents, including the right to criticize
the Government nor does it affect freedom of information, academic freedom, policy
research, general business activities and routine interaction and cooperation with
international organizations, which are protected by the Basic Law and other relevant
legislation.
32.
The Government denied allegations of reprisals against the international legal team of
Mr. Jimmy Lai and his son Sebastian Lai, and clarified that making statements with the
intention of interfering with or perverting the course of justice, or engaging in conduct with
the same intention, is highly likely to amount to criminal contempt of court or obstruction of
justice. It also noted that whether the conduct of the team of international lawyers
representing Mr. Lai would constitute these offences would depend on the facts and
circumstances of each case, and it is neither possible nor appropriate to make overgeneralized conclusions. The Government noted further that there are indications of attempts
to interfere with the ongoing judicial process against Mr. Lai.
6.
Democratic Republic of the Congo
33.
During the reporting period, the United Nations Joint Human Rights Office
(UNJHRO) of the UN Organization Stabilization Mission in the Democratic Republic of the
Congo (MONUSCO) documented several incidents of reprisals for cooperation with the
Mission (A/HRC/51/61, paras. 47–57). Incidents were attributed to State actors and armed
groups in different regions, affecting two members of civil society organizations (one
woman), a human rights defender and a victim of human rights violations and abuse. Names
and details of those concerned are withheld due to fear of further reprisals.
34.
Specifically, in June 2022, the chairperson of an NGO based in North Kivu province
was reportedly alerted that a police officer had instructed members of the 23 March
Movement (M23) to kill him for having shared information with the Mission on the police
officer’s alleged collusion with an armed group that was committing abuses against civilians.
The officer had reportedly started sending death threats to the chairperson’s phone, which
intensified over time despite UNJHRO’s intervention with the relevant authorities. The
29
GE.23-15378
See government reply: https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=37508.
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