Friday, January 30, 2015

ABA Center for Human Rights’ Justice Defenders Program Fights for “SwaziJustice”












The ABA Center for Human Rights defends human rights advocates from harassment.  We take down legal barriers to advocacy, mobilize the global legal community, and hold governments accountable for restricting human rights activities. Our Justice Defenders program enables advocates to work freely.
  • Who:  Anyone who advocates for the protection of human rights, including attorneys, journalists, labor leaders and environmental activists, and is the subject of retaliation for his/her efforts, may request assistance. 
  • What:  We provide a range of assistance, including litigation advice, legal research and drafting, trial observation, or advocacy campaigns. We identify experienced attorneys with relevant regional and linguistic expertise to support local counsel.  We provide assistance in a range of circumstances, including helping defenders charged with crimes in retaliation for their advocacy efforts or organizations that are not allowed to register. 
  • When:  We can provide assistance at any stage of the legal proceedings, whether during the trial or appeal.  We also conduct advocacy campaigns on behalf of those whose trial is complete.
  • Where:  The program is active around the world.  We help with litigation in national courts and in regional human rights courts.
  • Why:  The Center for Human Rights is committed to promoting the just rule of law around the world.  Without human rights defenders to hold governments and non-state actors accountable for violations, the rule of law cannot prevail.  The Center’s Justice Defenders Program supports the work of human rights defenders by advocating for their fundamental rights, including access to justice, fair trial standards, and respect for freedom of association and expression. 

For updates on the Justice Defenders activities, please review the ABA Justice Defenders 2014 Program Update. One of our current advocacy campaign focuses on the detention and prosecution of a prominent human rights attorney Thulani Maseko and journalist Bheki Makhubu in Swaziland. Below is an article reproduced with permission from the ABA Center for Human Rights, which is available at: http://www.swazijustice.org/.

Two Years in Jail for Criticizing Top Swaziland Judges

October 14, 2014 
 
On the morning of Friday, July 25, 2014, prominent human rights attorney Thulani Maseko and journalist Bheki Makhubu received harsh two-year prison sentences, handed down by Judge Mpendulo Simelane in Swaziland. Maseko, a decorated human rights activist and lawyer, and Makhubu, a prominent editor and journalist, have been repeatedly detained for publishing articles that lamented continued threats to judicial independence in Africa’s last absolute monarchy.  In the articles at issue, the two criticized the prosecution of a government vehicle inspector who was arrested after he impounded a vehicle used by a top judge and associate of King Mswati III. In the sentencing, Judge Simelane stated in court that the accused were a “disgrace” and that the harsh sentences were premised on the assumption that the two were plotting “regime change” in Swaziland.

Over the course of the past several months, there have been widespread and repeated concerns about the fairness of the court proceedings, which many critics say have not met basic international standards. In particular, the “contempt of court” charge in Swaziland typically carries no custodial sentence, leaving many to conclude that the court case has deeper political motivations.

On June 12, 2014, a group of four United Nations Special Rapporteurs criticized the court’s decision, saying: “We condemn the repeated arrests, detention and trial of Mr. Maseko and Mr. Makhubu and are concerned that these may be directly related to their legitimate exercise of the right to freedom of expression,” noting that the Constitution of the Kingdom of Swaziland recognizes the rights to freedom of expression and the right to a fair trial.

Human rights organizations have expressed their concern that Swaziland is not adhering to basic international standards or their own constitution.  Freedom of expression is a fundamental human right, guaranteed in Article 24 of the Constitution of Swaziland (2005) and in the major international human rights treaties to which Swaziland is a party, including Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and Article 9 of the African Charter on Human and Peoples’ Rights (African Charter). Mr. Maseko and Mr. Makhubu have the right under both the Constitution of Swaziland and well-established international law to publish their opinions concerning the administration of justice in Swaziland.

Also of grave and ongoing concern are the fundamental rights of Mr. Maseko and Mr. Makhubu to be arraigned and tried before an impartial tribunal. Article 14 of the ICCPR states that “[i]n the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.” Similarly, Article 7 of the African Charter guarantees the right to be tried “by an impartial court or tribunal.”


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UPDATE: The Supreme Court of Swaziland refused to set a date to hear the substantive appeal of Maseko and Makhubu’s release during its most recent session.  Now the men must wait until the court’s next session in the Spring of 2015 for the appeal of their convictions and sentences. 
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The mission of the ABA Center for Human Rights is to develop educational programs in the field of human rights; promote a greater understanding of and belief in the importance of human rights; collaborate with other ABA entities in the development and encouragement of human rights efforts, activities and programs; and assist in the development of appropriate ABA polices on human rights issues.


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