A/HRC/39/41
decision in this case. On 28 November 2017, the Committee decided to request a meeting
with a representative of Morocco during its sixty-third Session, 23 April to 18 May 2018.
On 17 May 2018, the Committee’s Rapporteur on Reprisals, together with the rapporteur
for follow-up to decisions on individual complaints under Art. 22, met with a representative
of the Permanent Mission of the Kingdom of Morocco in Geneva to discuss, inter alia, the
implementation of the Committee’s decision in the present case (CAT/C/62/3 of 20
February 2018 and CAT/C/63/3).
39.
On 6 June 2018, the Government confirmed that the complainant was released from
detention on 16 May 2018, after more than three-and-a-half years of arbitrary detention. He
is reported to be awaiting resettlement to the Netherlands where his family resides.
40.
In the 2016 report of the Secretary-General (see A/HRC/33/19, para. 26), it was
reported that on 22 March 2016 three special procedures mandate holders raised concerns
with the Moroccan authorities over allegations of reprisals against Ms. El Ghalia Djimi, an
employee of the Ministry of Agriculture and Maritime Fishing of Morocco and member of
the l’association Sahraouie des victimes des graves violations des droits de l’homme
commises par l’état du Maroc, l’ASVDH (A/HRC/33/32, MAR 1/2016). In the 2017 report
of the Secretary-General (see A/HRC/36/31, Annex para. 6) it was reported that Mr. Michel
Forst, the Special Rapporteur on the situation of human rights defenders, in his report on
observations on communications, reiterated concerns that Ms. Djimi did not receive
authorization to leave the country to travel to the thirty-first session of the Human Rights
Council in Geneva (see A/HRC/34/52/Add.1, para 722). The mandate holder further
expressed concern that the case of Ms. El Ghalia Djimi is not isolated, but is rather
representative of a larger trend of reprisals, harassment and intimidation of human rights
defenders. Information was subsequently received that Ms. El Ghalia Djimi was able to
attend the thirty-second session of the Human Rights Council.
41.
It was further reported that after the participation of Ms. Djimi in a session of the
Working Group on Enforced and Involuntary Disappearances on 30 April 2018 in Geneva,
she was subject to reprisals in the form of online defamation on a Moroccan website
“Sahrawikileaks.com.” It was also reported that Ms. Mina Baali, also a member of the
association, participated in the Human Rights Council at the June 2017 session, and
believes because of this, she has become subject to reprisals at her place of employment.
12.
Myanmar
42.
The case of Mr. Khaing Myo Htun (also known as Mr. Khine Myo Htun), a human
rights defender who had reported on forced labour cases in Rakhine State, was addressed by
four special procedures mandate holders (A/HRC/34/75, MMR 2/2016, MMR 7/2017) and
included in the September 2017 report of the Secretary-General (see A/HRC/36/31, para.
43 and Annex, paras. 53-55). On 8 September 2017 the Government responded to the
special procedures communication (MMR 7/2017) pertaining to the charges related to
defamation and incitement. It is alleged that the arrest and detention of Mr. Khaing Myo
Htun was linked to his cooperation with Ms. Yanghee Lee, the Special Rapporteur on the
situation of human rights in Myanmar, with whom he met during her visit in June 2016
shortly before his detention. The charges against him relate to a written statement issued on
24 April 2016 by the Arakan Liberation Party, of which Mr. Khaing Myo Htun is a
member, claiming that the Myanmar Army had engaged in severe human rights violations,
including forced labour, forced land relocation, hostage taking, and arbitrary beatings and
ill-treatment of combatants.
43.
The ILO Governing Body noted in its report of 7 February 2018 that it remained
deeply concerned that on 12 October 2017, Mr. Khaing Myo Htun, was convicted of
defamation and incitement under section 505 of the Penal Code and sentenced to 18 months
in jail, following eight months in detention during his trial. Ms. Lee, in her March 2018
report to the Human Rights Council, noted that he was convicted of disturbing public
tranquillity and incitement under Sections 505(b) and (c) in October 2017 for allegations he
made about forced labour the Myanmar security forces. Subsequently, after 19 months Mr.
Htun was released on 22 February 2018 (see A/HRC/37/70, para. 15).
48
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