A/HRC/14/19
nomenclature of “human rights defenders” was used very loosely to encompass just about
every form of activity however distantly associated with the sphere of human rights
promotion and protection. The delegation explained that the Government of Sri Lanka had
to discourage persons representing themselves as such and making assertions for collateral
purposes of political gain and causing embarrassment to the Government in pursuit of
extraneous agendas in the name of human rights.
12.
Uzbekistan
44.
On 23 February 2009, the Chair-Rapporteur of the Working Group on Arbitrary
Detention, the Special Rapporteur on the promotion and protection of the right to freedom
of opinion and expression, the Special Rapporteur on the right to health, and the Special
Rapporteur on the question of torture sent a joint urgent appeal to Uzbekistan regarding
Erkin Musaev, whose detention had been declared arbitrary in Working Group Opinion No.
14/2008 (A/HRC/10/21/Add.1, p. 138). It was alleged that two officers from the National
Security Service threatened that if he or his family did not withdraw their petitions or if
they continued to make complaints to international human rights mechanisms or to spread
news about the above-mentioned decision, they would face reprisals. Following this
incident, Mr. Musaev was put under “special control”, that is, denied medical treatment and
his movement within the territory of the penitentiary institution was restricted.
13.
Venezuela (Bolivarian Republic of)
45.
On 16 December 2009, the Chair-Rapporteur of the Working Group on Arbitrary
Detention, the Special Rapporteur on the situation of human rights defenders and the
Special Rapporteur on the independence of judges and lawyers sent a joint urgent appeal to
the Bolivarian Republic of Venezuela regarding Judge María Lourdes Afiuni. They also
published a press statement on this case on 16 December 2009. According to information
received, Judge Afiuni was promptly arrested by intelligence police officers after having
ordered the conditional release pending trial of Eligio Cedeño on 10 December 2009. Mr.
Cedeño’s detention was declared arbitrary by the Working Group on Arbitrary Detention
on 1 September 2009 in its Opinion No. 10/2009 (A/HRC/13/30/Add.1, p. 325), citing
violations of the right to fair trial. His counsel team introduced the United Nations experts’
opinion at the hearing before Judge Afiuni on 10 December 2009, following which he was
conditionally released after almost three years in detention without trial.
46.
It is further alleged that in an appearance before Government officials, which was
broadcast on national television and radio, the President of the Bolivarian Republic of
Venezuela further demanded that Judge Afiuni be sentenced to a 30-year prison term, even
if new legislation was required to achieve that result. President Chávez publicly instructed
the Attorney-General and the President of the Supreme Court to punish Judge Afiuni as
severely as possible, to prevent similar actions by other judges. He also suggested that Mr.
Cedeño’s defence attorneys had engaged in criminal conduct in requesting his release.
Attorney-General Luisa Ortega Díaz is reported to have given interviews to the press
slandering the judge.
47.
Judge Afiuni is said to have been charged with corruption, accessory to an escape,
criminal conspiracy and abuse of power. She has been denied a public defender. It is also
feared that Mr. Cedeño’s Venezuelan defence lawyers are under imminent threat of arrest.
14.
Yemen
48.
On 2 December 2009, the Special Rapporteur on the promotion and protection of the
right to freedom of opinion and expression and the Special Rapporteur on the situation of
human rights defenders sent an urgent appeal to Yemen concerning the situation of Amal
12
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