A/HRC/30/29
September, initiated a suo moto case against them. On 24 September, at the first hearing,
the members were charged with “spreading wrongful information and giving a wrongful
impression of the constitutional mandate of the Supreme Court”. On 30 September, at the
second hearing, the Commission members were allegedly questioned about the content of
report prepared for the universal periodic review (A/HRC/28/85, case MDV 2/2014). At the
time of finalization of the present report, no response had been received from the
Government to the communication sent by the special procedures.
31.
On 6 May 2015, during its review, the Government stated that the Human Rights
Commission staff members enjoyed immunity from prosecution or complaints for acts done
in good faith within the purview of their functions. Given however that the case against the
Commission members had yet to be decided, the Government deemed it inappropriate to
comment further on the issue. On 19 May, after having received reports that the Supreme
Court had found the Commission’s submission for the universal periodic review was
unlawful and declared that the Commission had to comply with a set of 11 guidelines, the
United Nations High Commissioner for Human Rights, in a press release, stated that the
judgement appeared to be “designed to severely undermine its ability to engage with the
United Nations human rights system”. 7 On the same day, two special procedure mandate
holders jointly called upon the Supreme Court of Maldives to reconsider its verdict. 8 On 19
June, the President of the Human Rights Council raised the case with the Council Bureau
and referred to it in a general manner when, at the twenty-ninth session of the Council, he
opened the general debate under item 6 on 26 June 2015.
13.
Myanmar
32.
On 12 August 2014, a number of mandate holders referred to allegations of reprisal
against Sein Than, a human rights defender and leader of a movement denouncing the
confiscation and demanding the restitution of Mi Chaung Kan land (A/HRC/28/85, case
MMR 5/2014). On 31 July 2014, while on his way to the United Nations office to deliver
documents for the Special Rapporteur on the situation of human rights in Myanmar, in
follow-up to their meeting during her visit to the country earlier that month, Mr. Than was
reportedly arrested with force, causing him injury, by 10 plain-clothed individuals who
allegedly did not present an arrest warrant. He was reportedly subsequently detained on
remand pending trial at Insein prison on charges related to the conduct of a peaceful
assembly or procession without the permission of the authorities. In reply, on 27 October
2014, the Government affirmed that Mr. Than had been lawfully arrested, detained and
sentenced for having organized processions and staged protests in different townships
between March and May 2014 without prior approval (ibid.).
14.
Oman
33.
On 29 September 2014, the Special Rapporteur on the rights to freedom of peaceful
assembly and of association, with two other mandate holders, referred to allegations of
reprisals against Tariq al Sabbahi in relation to his visit to the country from 8 to 13
September 2014 (A/HRC/28/85, case OMN 2/2014). On 10 and 11 September, after having
met with the Special Rapporteur, Mr. Al Sabbahi received a telephone call summoning him
to meet with officers from the internal security department. On 14 September, during the
meeting, the internal security officers reportedly informed him that he was forbidden from
contacting the Special Rapporteur or United Nations staff members, threatened him with
7
8
OHCHR, “Supreme Court judgement gravely undermines Maldives Human Rights Commission –
Zeid”, 19 June 2015.
OHCHR, “Maldives: UN experts urge Supreme Court to reconsider decision against Maldivian
Human Rights Commission”, 19 June 2015.
11