A/HRC/43/51/Add.3
challenges the country faces in the absence of a comprehensive European Union policy of
solidarity with Member States at the Union’s external borders. However, he reiterates that
these circumstances cannot be used as justification to infringe on the human rights of
migrants and migrant rights defenders and to disrespect international obligations.
539. The Special Rapporteur is concerned at the continued use of legislative measures to
criminalise search and rescue operations carried out by civil society organisations in the
Mediterranean, as well as at the intensification of the climate of hostility and xenophobia
against migrants in Italy, reflected in the threats made against Ms. Rackete and the judge who
released her. He is further concerned about the arrest of and the criminal investigations into
Ms. Rackete, which appear to be directly linked to her peaceful work protecting the rights of
migrants, and which may deter humanitarian organisations from continuing their work
rescuing migrants in distress at sea.
540. The Special Rapporteur thanks the Government for its response dated 4 June 2019,
including information on judicial proceedings aimed at assessing the criminal responsibility
of the captains of seized NGO vessels which had been used in search and rescue operations.
He encourages the Government to share the findings of those proceedings. The Special
Rapporteur further acknowledges the response dated 11 October 2019 but regrets that it did
not include information on the legal and factual basis of the arrest and criminal investigations
against Ms. Rackete, and on their compatibility with international human rights law.
541. The Special Rapporteur would like to recall the recommendations made in his 2018
report (A/HRC/37/51), which underline, inter alia, that States must ensure that domestic law
and administrative provisions facilitate the work of all actors providing humanitarian
assistance to, and defending the rights of, people on the move, including by avoiding
criminalisation.
Kazakhstan
542. JAL 09/04/2019
14/06/2019
Case no.: KAZ 1/2019
State
reply:
07/06/2019;
Allegations concerning the detention and illegal expulsion of human rights
observers Ms. Lyudmila Voloshina and Mr. Valerii Iavtushenko from Kazakhstan.
543.
JAL 17/07/2019
Case no.: KAZ 3/2019
State reply: 06/09/2019
Allegations concerning the travel ban issued against the human rights defender
Mr. Daniyar Khassenov, his repeated detention, and threats made against him and his
family members.
544.
JAL 25/10/2019
Case no.: KAZ 4/2019
State reply: 23/12/2019
Allegations concerning the discriminatory restrictions on the rights to freedom
of peaceful assembly, freedom of association and freedom of expression of lesbian,
bisexual, trans, intersex and queer (LBTIQ) human rights defenders, which may relate
to their engagement in advocacy on human rights related to sexual orientation, gender
identity and gender equality.
545. The Special Rapporteur thanks the Government of Kazakhstan for the responses
received to all his communications sent in the review period of this report, proving its
willingness to cooperate with Special Procedures.
546. The Special Rapporteur urges the Government of Kazakhstan to take decisive steps to
end the criminalisation of legitimate human rights advocacy and remove the restrictions
placed on human rights defenders, especially women human rights defenders, that preclude
them from participation in public life and deprive them of the their freedom of expression,
assembly and association. The Special Rapporteur reiterates the Government’s duty to
respect, protect and fulfil the human rights of defenders to freedom of expression, assembly
and association pursuant to articles 19, 21 and 22 of the International Covenant on Civil and
Political Rights. Limitations on these rights are tightly constrained by the imperative to be
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