A/HRC/22/34
combat reprisals, but the overall aim was to ensure that anybody who wished to participate
and to express ideas for a better world based on human rights would be free to do so. In this
context, Mr. Grossman recalled that human rights involved actively promoting
participation.
27.
With regard to reprisals in the experience of the Committee against Torture and
other treaty bodies, the forms observed included death threats, kidnapping, abduction,
inhuman and degrading treatment and arbitrary detention. All of these manifestations
attacked the idea of the inviolability of individuals. Mr. Grossman also mentioned what he
described as more sophisticated methods used against those who tried to cooperate with the
United Nations, such as criminal investigation inquiries, harassment, defamation, slander
and the misuse of national laws with the aim of preventing human rights defenders from
making their contribution to society. He also made reference to legislation that limits the
possibility of registering as an organization with the purpose of achieving human rights
objectives, or the decision to arbitrarily remove authorization for such registration.
Restrictions also related to the transfer of funds. As stated in the Committee’s most recent
annual report, this was very much part and parcel of the culture of impunity, as there was
often no accountability. Mr. Grossman also highlighted the gender dimension of the issue,
and referred to situations where communities did not accept the active involvement of
women in promoting human rights. He also raised the particular situation of attacks against
journalists as a way to undermine freedom of expression and to intimidate people who wish
to uphold human rights.
28.
Mr. Grossman explained some of the techniques used by treaty bodies to address
reprisals. These included country reports, concluding observations containing specific
recommendations, confidential visits, individual communications, general comments and
follow-up activities. The prevention of and responses to reprisals were also discussed in the
context of the treaty body strengthening process.
29.
With regard to recommendations, Mr. Grossman encouraged States to establish focal
points at the national level to deal with reprisal-related issues. He added that it was
important to ensure the clear criminalization of exacerbating circumstances when human
rights defenders were the subject of criminal activity. Criticizing public authorities should
also be decriminalized. Mr. Grossman also suggested that a study be carried out on good
practices in addressing reprisals (such as legislation, registration, training or cooperation
with civil society). This could take the form of a clearing house mechanism to receive and
distribute information on good practices. Mr. Grossman concluded by emphasizing that it
was important not only to prevent reprisals, but also to create an environment in which
everybody was able to enjoy and uphold human rights.
H.
Executive Director of the East and Horn of Africa Human Rights
Defenders Project
30.
The Executive Director of the East and Horn of Africa Human Rights Defenders
Project, Hassan Shire Sheikh Ahmed, welcomed the convening of the panel, which was
particularly timely. Since its establishment in 2005, the Human Rights Defenders Project
had assisted hundreds of human rights defenders at risk, some of whom had faced
intimidation or reprisals as a direct result of their cooperation with the United Nations.
Reprisals had long-standing consequences for the individuals affected, most tragically in
the case of assassinations; others had been forced to flee their countries for their own
safety. As the secretariat to a network of human rights organizations, the Human Rights
Defenders Project facilitated the attendance and participation of human rights defenders in
the work of the Human Rights Council.
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