A/HRC/30/29
agents” (ibid.). In its response dated 25 August 2014, the Government explained the
procedures followed in the case of the Memorial and indicated that such registration should
not be considered as interference of any kind in the rights to freely express opinions or form
associations but that it aims at ensuring transparency and openness in their activities (ibid.).
The Special Rapporteur on the rights to freedom of peaceful assembly and of association, in
his report of 10 June 2015, expressed his continued grave concern in relation to the Law
and the targeting of human rights organizations that engage with the United Nations human
rights mechanisms (A/HRC/29/25/Add.3, para. 436).
4.
Sri Lanka
4.
In my previous report reference was made to Visuvalingam Kirupaharan, General
Secretary of the Tamil Centre for Human Rights, in relation to his participation in the
twenty-fifth session of the Human Rights Council (A/HRC/27/38, para. 34). The
Government, on 24 July 2014, sought clarifications from mandate holders who had brought
the allegations of acts of intimidation against Mr. Kirupaharan to its attention, indicating
that there was no connection between the alleged sequence of events and the authorities
(A/HRC/27/72, case LKA 5/2014). Mandate holders in response transmitted clarifications
and their observations on the case to the Government referring to the fact that “States are
the primary duty bearers in protecting, defending and promoting human rights, and as such,
should address violations of human rights committed by both State and non-State actors”
(A/HRC/28/85, case LKA 12/2014). At the time of finalization of the present report, no
response had been received from the Government.
5.
My previous report also discussed the case of 24 Sri Lankan civil society
organizations that had reportedly been accused by the State-controlled Sri Lanka
Rupavahini (TV) Corporation, in its English news bulletin, of having issued a joint civil
society memorandum to the HRC (A/HRC/27/38, para. 33). On 24 September 2014, the
Government of Sri Lanka, in response to the joint communication transmitted by mandate
holders, stated that the Sri Lanka Rupavahihi Corporation was exercising its freedom of
speech and expression within the set legal framework in Sri Lanka, however “unpalatable
the contents of the newscast would have been to the said human rights defenders”. If the
human rights defenders felt wronged by such newscast they could invoke a civil action for
damages under the laws of Sri Lanka for defamation (A/HRC/28/85, case LKA 4/2014).
5.
United Arab Emirates
6.
The case of Osama al-Najjar, who had reportedly become the subject of reprisals
after meeting with the Special Rapporteur on the independence of judges and lawyers
during her visit to the United Arab Emirates in February 2014, was included in my previous
report (A/HRC/27/38, para. 37-38). The Special Rapporteur, in her oral statements to the
Human Rights Council and the General Assembly in 2014, called on the authorities to take
immediate measures to release Mr. Al-Najjar and open an independent investigation into
the circumstances of his arrest and the serious allegations of torture. On 2 April 2015,
mandate holders raised further allegations concerning Mr. Al-Najjar with the Government
(A/HRC/30/27, case ARE 2/2015). On 25 November 2014, after a trial that reportedly
lacked respect for the most basic due process and fair trial guarantees, Mr. Al-Najjar was
sentenced to three years in prison and fined 500,000 Emirati Dirhams (about 136,000 USD)
on charges of, inter alia, contacting foreign organizations and presenting inaccurate
information (ibid.). The Government, in its response of 30 April 2015, listed procedural
guarantees that had been in place in the case of Mr. Al-Najjar (ibid.). In his report of 4
March 2015, the Special Rapporteur on the situation on human rights defenders recalled
that the Government had not responded to the earlier communication dated 16 April 2014
and stated that he was still awaiting a detailed response from the Government to the
allegations and questions raised (A/HRC/28/63/Add.1, paras. 554-555).
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