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. 25

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