A/HRC/21/18
66.
In June 2011, Mr. Al-Gasim and six other human rights defenders were charged
with, inter alia, conspiracy against the State and espionage, crimes which are punishable by
death or life imprisonment. One of the accusations levelled against Mr. Al-Gasim was of
reporting to the International Criminal Court. On 4 December 2011, the charges against
Mr. Al-Gasim and three other defendants were dismissed. Nonetheless, Mr. Al-Gasim has
reportedly continued to face harassment, his legal office has been kept under surveillance
by the security services and he has lost clients and income. At the time of the completion of
the present report, the Government had not responded to the communication sent by several
special procedures on 23 November 2010 (A/HRC/16/44/Add.1, paras. 2131-2133).
Uzbekistan
67.
The case of Erklin Musaev was mentioned in my previous reports. 16 Information
received indicates that in March 2011 he was transferred to Navoyi prison, where the
conditions of detention reportedly are severe and have had a detrimental effect on his
health. On 21 March 2011 and on 3 May 2012, the Working Group on Arbitrary Detention
and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment sent urgent appeals to the Government of Uzbekistan, expressing concerns at
allegations that Mr. Musaev had been regularly placed in solitary confinement, ill-treated
and beaten. On 12 May 2011, the Government responded to the communication of 21
March 2011 indicating that Mr. Musaev was receiving medical treatment and that no
complaints or reports had been received from him or his family concerning unlawful acts
by the staff of the law enforcement agencies. It has been reported that Mr. Musev‟s family
continues to be intimidated in order to silence them and to stop them from contacting
international organizations.
Venezuela (Bolivarian Republic of)
68.
In relation to the case of Judge María Lourdes Afiuni, mentioned in my two most
recent reports on reprisals,17 information was received indicating that she remains in
detention. Judge Afiuni was arrested on 10 December 2009 after she ordered the
conditional release of an individual whose detention the Working Group on Arbitrary
Detention considered arbitrary. President Hugo Chavez reportedly publicly demanded that
she be sentenced to 30 years of imprisonment. In September 2010, the Working Group on
Arbitrary Detention, in its opinion 20/2010, concluded that the detention of Judge Afiuni
was arbitrary (A/HRC/16/44/Add.1, paras. 2417-2434).
69.
On 13 December 2011, a judge granted the request of the Public Prosecutor to
extend the penalty of house arrest against Judge Afiuni by two more years. Judge Afiuni
has already spent two years in detention. Several special procedures expressed their deep
concern at the decision in a press release on 27 December 2011.18 Reportedly, the lawyer
who has acted for Judge Afiuni since 2009 was arrested and detained for eight days on 4
June 2012.
III. Conclusions and recommendations
70.
As illustrated by the cases contained in the present report, intimidation and
reprisals against those cooperating with the United Nations, its mechanisms and
16
17
18
16
A/HRC/18/19, para. 86; A/HRC/14/19, para. 44.
A/HRC/18/19, paras. 87-90; A/HRC/14/19, paras. 45-47.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=11745&LangID=E.