Bahrain: Wife of UK-based Bahraini human rights defender convicted as reprisals escalate

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On Wednesday 21 March 2018, a Bahraini Criminal Court convicted and sentenced Duaa Alwadaei to two months in prison for allegedly insulting a public institution. Duaa was sentenced in absentia after exposing her ill-treatment committed by Bahraini security forces at the Bahrain International Airport in October 2016, which Human Rights Watch described as “terrorizing”.

Duaa’s conviction falls on Mother’s Day in Bahrain and represents the latest escalation in the reprisals against the human rights advocacy of her husband, Sayed Ahmed Alwadaei, who is the Director of the UK-based Bahrain Institute for Rights and Democracy (BIRD).

Duaa did not receive any formal notification of the charges against her until her conviction. It was assumed that her charges relate to Duaa’s detention and interrogation at the airport in October 2016, following Sayed Ahmed’s participation in a protest in London.

The following day, Duaa told Human Rights Watch that during her interrogation, she was physically mistreated, repeatedly insulted and warned that her family would be imprisoned if she exposed her ill-treatment and her husband’s activities continued. She had been  warned “not to speak out” about the incident, having been threatened with further police interrogations and fabricated criminal charges that could lead to a three-year imprisonment upon conviction. Eventually, Duaa’s tormentors carried out their threats.

Duaa’s then 18-month old son was present throughout the ordeal. He was forcibly separated from his mother and only reunited with her when Duaa’s interrogation began. Duaa told Human Rights Watch that her son was visibly “terrified” during the interrogation.

Commenting, Sayed Ahmed Alwadaei, Director of Advocacy at BIRD said: “By coming after my loved ones to silence me, the Bahraini government has sunk to an all time low. Bahraini allies in Washington D.C. and London must condemn this cowardly attempt to muzzle my activism.”

Duaa’s trial was entirely held in absentia because she resides in London. Since lawyers can only be hired through particular channels in Bahrain, the Bahraini Embassy in London is best placed to give power of attorney to a designated lawyer. However, this option has not been pursued due to the recent involvement of the Embassy in the conviction of her family. However, a representative from the British Embassy in Manama attended the hearing today.

Duaa’s mother, Hajer Mansoor Hassan, is currently serving a three-year sentence at Isa Town Prison following a conviction based on a coerced confession. Hajer began a hunger strike yesterday in protest against the ill-treatment of political prisoners by prison officials.

Background

Duaa’s Case

The incident to which Duaa’s charges relate occurred on 26 October 2016. Following Sayed Ahmed’s participation in a protest against the King of Bahrain’s meeting with Prime Minister Theresa May in London, Duaa was detained at Bahrain International Airport for several hours. Here, she was physically mistreated, threatened with criminal charges, and repeatedly insulted. The official also presented Duaa with a travel ban, thereby preventing her return to London.

Duaa Alwadaei told Human Rights Watch in October that a senior official had referred to her husband as “an animal” and asked, menacingly during an interrogation at Bahrain airport, “Where shall I go first, shall I go to his family or your family?” She said that the officer, who appeared to be a senior official, told her: “Deliver this message to your husband – I will get him,” as she left the interrogation.

Since Duaa’s son is a US citizen, the US Embassy in Manama intervened following significant international pressure, thereby facilitating their return to London on 1 November 2016.

Harassment of Duaa’s Family

Duaa is the latest victim of the reprisal campaign launched by the Bahraini authorities in response to Sayed Ahmed’s work as a human rights defender. His mother-in-law, Hajer Mansoor Hassan, brother-in-law, Sayed Nizar Alwadaei, and cousin Mahmood Marzooq Mansoor have been subjected to grossly unfair trials and are currently serving sentences ranging from three to six years in prison on the basis of coerced confessions and fabricated charges.

Yesterday, Hajer declared a hunger strike to protest her mistreatment and the harsh discrimination suffered by political prisoners in Bahrain. Prison officers often harass political inmates and detainees by eavesdropping on personal conversations and deny them free hygiene products. Other inmates do not suffer from this treatment.

When Hajer complained to the officer by requesting that she be treated with respect, she was told that senior prison officials had instructed officers to make Hajer’s life “difficult”, and threatened that the more she exposes the conditions of imprisonment for political prisoners, the more she will be punished. Furthermore, the prison authorities have revoked the 10 minute phone call that Hajer had been rewarded for participating in daily workshops at the prison.

International Response

In its most recent comment on Duaa’s trial, the UK Foreign and Commonwealth Office (FCO) simply reiterated that it will “continue to monitor proceedings”. The British government failed to call on the Bahraini authorities to drop the charges against Duaa.

Both the United Nations and the High Representative of the European Union for Foreign Affairs and Security Policy, Federica Mogherini, have recognised the significance of the reprisals against Sayed Ahmed’s family.

Following her ordeal at the airport, the US Department of State commented on their involvement in the incident.

A British Member of the European Parliament (MEP) Julie Ward wrote to the High Representative of the European Union for Foreign Affairs and Security Policy, Federica Mogherini, to express her concerns over the “judicial harassment of family members of prominent Bahraini activist, Sayed Ahmed Alwadaei, who are being subjected to a collective punishment ”.

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Bahrain: UK-based rights activist’s family sentenced to three years in reprisal case

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The Bahraini authorities on Monday 30 October sentenced the mother-in-law, Hajer Mansoor Hasan (49), and brother-in-law, Sayed Nizar Alwadaei (18), of UK-based human rights defender Sayed Ahmed Alwadaei to three years in prison in reprisal for his work.

Mansoor Hassan and her son Sayed Nizar Alwadaei were not in court for the sentencing in a trial criticised by UN experts and Amnesty International for fair trial violations, including torture, and as a reprisal against his human rights work. Hajer and Nizar each received three years in prison on fabricated charges of planting a “fake bomb” in January 2017, while Mr Alwadaei’s maternal cousin, Mahmood Marzooq (30), was acquitted from the “fake bomb” case but sentenced to a month and half in prison and charged a 100 Bahraini dinar fine for obtaining a dagger.

The three family members of Sayed Ahmed Alwadaei, director of advocacy at the Bahrain Institute for Rights and Democracy (BIRD), were arrested in Bahrain in March 2017. After days in detention, during which they were ill-treated and tortured into signing false confessions, they were presented with terrorism charges. During the interrogation, Mr Alwadaei’s family members were questioned extensively about his work in the UK.

Public prosecution evidence papers, seen by BIRD, found no physical evidence — DNA, fingerprints or otherwise — tying the Alwadaei family to the “fake bomb” they were alleged to have planted in January 2017. Their prosecution has depended entirely on confessions extracted under conditions of torture.

In September, six UN human rights experts expressed “grave concern” over the allegations of arbitrary arrest, detention, death threats and torture in relation to Mr Alwadaei’s family. The UN experts also expressed grave concern that the actions were intended to “intimidate and impair the human rights activities” of Mr Alwadaei. The UN Committee Against Torture has also raised significant concern over the “widespread acceptance by judges of forced confessions”.

The reprisals against the Alwadaei family began in October 2016, when Sayed Ahmed Alwadaei protested King Hamad of Bahrain’s arrival at 10 Downing Street to meet the British Prime Minister. Within hours of that protest, Mr Alwadaei’s wife, Duaa Alwadaei, who was travelling from Bahrain to the UK, was detained at Bahrain International Airport, interrogated for seven hours, barred from leaving the country and threatened. As reported by Human Rights Watch, an interrogator asked her, “Where shall I go first, shall I go to his family or your family?” Duaa Alwadaei was able to leave Bahrain following international pressure and the intervention of the US embassy in Bahrain. Five months later, her mother and brother were targeted for reprisals.

Sayed Ahmed Alwadaei, Director of Advocacy of BIRD said: “The lowest the Bahraini monarch can go is to come after my family because I protested his presence in the UK and dedicated my work to exposing his government’s horrific rights abuses. I was distraught to see my family suffer torture, persecution and interrogations about my activities. The judge relied on coerced confessions extracted under torture to convict them. I will not rest until they are freed and will do whatever I can to hold the perpetrators to account.”

Husain Abdulla, Executive Director, Americans for Democracy and Human Rights in Bahrain: “The ‘fake bomb’ charge is absurd, and today’s proceedings show how far Bahraini courts are willing to go to in jailing innocent people. The United States has encouraged this behaviour. When the Trump Administration drops human rights conditions and approves multi-billion dollar arms deals to Bahrain, they are saying that this abuse is acceptable in their eyes.”

Joy Hyvarinen, acting head of advocacy, Index on Censorship, said: “We call on the Bahraini government to immediately overturn its conviction of the family members of Sayed Ahmed Alwadaei as punishment for his work as an activist and a critic of the regime. These are reprisals for nothing more than peacefully holding opinions.”

Hajer Mansoor Hassan

Hajer Mansoor Hassan did not attend today’s court hearing, as the authorities failed to transfer her from detention to the courtroom. Since March, she has been held in the Isa Town Women’s Prison. On 24 October, Hajer announced a hunger strike along with three other women prisoners, demanding more humane treatment and the removal of a new glass barrier in the visitation centre. The hunger strikers’ demands were met yesterday, 29 October, when they ended their strike after six days. Hajer was repeatedly hospitalised in the past week as her health faltered in the course of the hunger strike.

International Outcry over Alwadaei ’s family reprisals; UK Responds Noncommittally

Hajer was sentenced on 30 October, alongside her son and nephew, in a political trial which has been described by Human Rights WatchAmnesty International and six UN experts as a reprisal against the human rights work of BIRD’s Sayed Ahmed Alwadaei.

Last week, 16 NGOs sent letters to 11 state bodies, including the United Kingdom, United States and the European External Action Service, calling on them to take action ahead of the trial. Their voices are joined by 40 Members of the European Parliament, who have made similar calls to the European Union.

27 cross-party parliamentarians also wrote to the British Foreign Secretary Boris Johnson, stating “Despite this attack on his human rights campaigning here in Britain, our government has taken no discernible action to support Mr Alwadaei or his family.” They added, “The UK must not condone the flagrant human rights violations committed by the Bahraini authorities against innocent civilians for human rights campaigns that take place on British soil.”

The UK’s Middle East Minister Alistair Burt was asked whether the Foreign & Commonwealth Office had raised this case with the Government of Bahrain. He stated that “we continue to follow these cases closely” but did not state whether the British government had indeed raised the case.

1.  16 rights groups’ letter to the 11 States: http://birdbh.org/wp-content/uploads/2017/10/2017.10.26-NGOs-letter-on-Reprisals-Against-the-Alwadaei-Family_Final-.pdf

2. Breaches of the International Law perpetrated by Bahrain against the family members of Sayed Ahmed Alwadaei,  prepared by Reprieve, (Attached)

3. 27 UK parliamentarians letter to Foreign Secretary Boris Johnson (attached)

4. The MEPs letter is available here: https://www.ecdhr.org/bahrain-meps-call-for-the-release-of-sayed-alwadaeis-family/

5. Read Sayed Ahmed Alwadaei’s comment on the Guardian about the ordeal his family is facing here: https://www.theguardian.com/commentisfree/2017/oct/24/daughter-stateless-uk-bahrain-torture-human-rights

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_cta h2=”HOW TO HELP” h4=”Write to your representatives” style=”custom” css=”.vc_custom_1509363600769{background-color: #b7b7b7 !important;}” custom_background=”#919191″]Tell them to call on the Bahraini authorities to release Hajer Mansoor Hasan and her son Sayed Nizar Alwadaei and to unconditionally drop all charges against them. The right to free expression must be upheld and there must be no reprisals.

Theresa May, Prime Minister of the United Kingdom
Office of the Prime Minister, 10 Downing Street, London, SW1A 2AA
Tel: 020 7219 5206
Email: [email protected]

Boris Johnson, Secretary of State for Foreign and Commonwealth Affairs
House of Commons, London, SW1A 0AA
Tel: 020 7219 4682
Email: [email protected]

Simon Martin, British Ambassador to Bahrain
21 Government Avenue, Manama 306, PO Box 114 Manama, Bahrain
Tel: + 973 17574100
Email: [email protected][/vc_cta][/vc_column][/vc_row]

Bahrain’s reprisals against activist’s family must end

[vc_row][vc_column][vc_single_image image=”95197″ img_size=”full” add_caption=”yes” alignment=”center”][vc_column_text]Joint NGO letter to: Canada, Denmark, European Union External Action (EEAS), France, Germany, Italy, Norway, Sweden, Switzerland, United Kingdom, United States

We write to ask you to urgently raise, both publicly and privately, the case of Sayed Nazar Alwadaei, Hajar Mansoor Hasan and Mahmood Marzooq Mansoor with the Government of Bahrain ahead of the verdict in their criminal trial on 30 October 2017. These three individuals are relatives of Sayed Ahmed Alwadaei, a Bahraini human rights defender based in the United Kingdom, and his wife Duaa Alwadaei. Mr Alwadaei has been targeted by the Bahrain authorities for his human rights activism on numerous occasions and has been granted refugee status in the UK. We believe that Mr Alwadaei’s relatives are being prosecuted solely as a reprisal against him and the trial forms part of a pattern of harassment against his family.

On 26 October 2016, Mr Sayed Ahmed Alwadaei took part in a protest in London against King Hamad of Bahrain’s visit to the UK Prime Minister. Hours later, on the same day, his wife, Duaa Alwadaei, was detained along with her two-year-old son at Bahrain International Airport by Bahraini security forces. She was interrogated over seven hours and she was told she would not be allowed to leave Bahrain. During the interrogations, government officers reportedly made threats against her, her family and Mr Alwadaei’s family and she was told to deliver the threats as “a message to her husband.” Following international pressure and the intervention of the US embassy, on 1 November 2016 Mrs Alwadaei was able to leave Bahrain.

However, in March 2017, while Mr Alwadaei was attending the 34th session of the UN Human Rights Council in Geneva, Mrs Alwadaei’s brother Sayed Nazar Alwadaei, her cousin Mahmoud Marzooq Mansoor and her mother Hajar Mansoor Hassan were arrested in Bahrain. They all claim that they were subjected to ill-treatment, torture and extensively interrogated, including in relation to Mr Alwadaei’s life and work in the United Kingdom, without the presence of their lawyers. Mrs Hassan reportedly required hospitalisation on the first day of her detention. They were forced to sign confessions and were charged under Bahrain’s anti-terrorism law. If found guilty on 30 October, they face upwards of three years in prison each.

The treatment of the Alwadaei family has been the subject of international criticism. Six UN human rights experts raised “grave concerns” over the family’s allegations of torture, ill-treatment, arbitrary arrest and the apparent aim of the Government of Bahrain to “intimidate and impair Mr Alwadaei’s human rights activities”, including his participation at the UN Human Rights Council.

We therefore urge your government to request Bahrain to immediately release Mr and Mrs Alwadaei’s relatives ahead of their 30 October trial and drop all charges against them, and undertake prompt, impartial, independent and effective investigations into their allegations of torture and other ill-treatment. The findings of the investigation must be made public and anyone suspected of criminal responsibility must be brought to justice in fair proceedings. As this case is a part of a pattern of abuse and harassment against human rights defenders and their families in Bahrain, we urge you to call on Bahrain to cease all harassment of human rights defenders and their families.

Yours Sincerely,
Americans for Democracy & Human Rights in Bahrain (ADHRB)
Amnesty International
Article 19
Bahrain Centre for Human Rights (BCHR)
Bahrain Institute for Rights and Democracy (BIRD)
CIVICUS
English PEN
European Center for Constitutional and Human Rights (ECCHR)
European Centre for Democracy and Human Rights (ECDHR)
Gulf Centre for Human Rights (GCHR)
Index on Censorship
PEN International
REDRESS
Reporters Without Borders (RSF)
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UAE: Human rights organisations renew call for release of peaceful activists

On the third anniversary of the start of the mass trial of 94 individuals, including government critics and advocates of reform, 10 human rights organisations appeal to the government of the United Arab Emirates to release immediately and unconditionally all those imprisoned solely for peacefully exercising their rights to freedom of expression, association, and assembly as a result of this unfair trial.

The human rights organisations deplore the UAE government’s disregard for its international human rights obligations and its failure to act on recommendations from United Nations human rights experts that it release activists sentenced at the unfair trial.

Dozens of the activists, including prominent human rights defenders, judges, academics, and student leaders, had peacefully called for greater rights and freedoms, including the right to vote in parliamentary elections, before their arrests. They include prominent human rights lawyers Dr. Mohammed Al-Roken and Dr. Mohammed Al-Mansoori, Judge Mohammed Saeed Al-Abdouli, student leader Abdulla Al-Hajri, student and blogger Khalifa Al-Nuaimi, blogger and former teacher Saleh Mohammed Al-Dhufairi, and senior member of the Ras Al-Khaimah ruling family Dr. Sultan Kayed Mohammed Al-Qassimi.

The organisations urge the UAE government to end its continuing use of harassment, arbitrary detention, enforced disappearance, torture and other ill-treatment, and unfair trials against activists, human rights defenders and those critical of the authorities, and its use of national security as a pretext to crackdown on peaceful activism and to stifle calls for reform.

The 10 human rights organisations urge the UAE government, which is serving its second term as a member of the UN Human Rights Council, to demonstrate clearly that it engages with UN human rights bodies by implementing recommendations by UN human rights experts to protect the right to freedom of opinion and expression, and to freedom of association and peaceful assembly.

Speaking to the UN’S Human Rights Council (HRC) on 1 March 2016, the UAE’s Minister of State for Foreign Affairs, Dr Anwar Gargash asserted that “we are determined to continue our efforts to strengthen the protection of human rights at home and to work constructively within the [Human Rights] council to address human rights issues around the world.”

As a member of the UN Human Rights Council, the UAE government must observe its pledge to the Council to uphold international human rights standards and must spare absolutely no effort in implementing human rights recommendations effectively; to do otherwise puts into question the UAE government’s commitment towards the promotion and protection of human rights at home.

The 10 human rights organisations further call on the UAE to mount an independent investigation into credible allegations of torture at the hands of the country’s State Security apparatus, including by immediately accepting the request by Juan Méndez, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, to visit the UAE in the first half of 2016.

In her May 2015 report to the UN Human Rights Council, Gabriela Knaul, the UN Special Rapporteur on the independence of judges and lawyers, recommended that an independent body composed of professionals with international expertise and experience, including in medical forensics, psychology and post-traumatic disorders, should be established to investigate all claims of torture and ill-treatment alleged to have taken place during arrest and/or detention; such a body should have access to all places of detention and be able to interview detainees in private, and its composition should be agreed upon with defendants’ lawyers and families.

On 4 March 2013, the government commenced the mass, unfair trial of 94 defendants before the State Security Chamber of the Federal Supreme Court in Abu Dhabi. Those on trial included eight who were charged and tried in absentia. The government accused them, drawing on vaguely worded articles of the Penal Code, of “establishing an organisation that aimed to overthrow the government,” a charge which they all denied. On 2 July 2013, the court convicted 69 of the defendants, including the eight tried in absentia, sentencing them to prison terms of between seven and 15 years. It acquitted 25 defendants, including 13 women.

On 18 December 2015, the government of Indonesia forcibly returned to the UAE Abdulrahman Bin Sobeih, one of the defendants tried in absentia. He had intended to seek asylum but is now a victim of enforced disappearance in the UAE and at risk of torture and other ill-treatment.

The UAE 94 trial failed to meet international fair trial standards and was widely condemned by human rights organisations and UN human rights bodies. The court accepted as evidence “confessions” made by defendants, even though the defendants repudiated them in court and alleged that State Security interrogators had extracted them through torture or other duress when defendants were in pre-trial incommunicado detention, without any access to the outside world, including to lawyers. The court failed to order an independent and impartial investigation of defendants’ claims that they had been tortured or otherwise ill-treated in secret detention. The defendants were also denied a right of appeal to a higher tribunal, in contravention of international human rights law. Although the State Security Chamber of the Federal Supreme Court serves as a court of first instance, its judgements are final and not subject to appeal.

During the trial, the authorities prevented independent reporting of the proceedings, barring international media and independent trial observers from attending. The authorities also barred some of the defendants’ relatives from the courtroom; others were harassed, detained or imprisoned after they criticised on Twitter the proceedings and publicised torture allegations made by the defendants.

Blogger and Twitter activist Obaid Yousef Al-Zaabi, brother of Dr. Ahmed Al-Zaabi, who is one of the UAE 94 prisoners, has been detained since his arrest in December 2013. He was prosecuted by the State Security Chamber of the Federal Supreme Court on several charges based on his Twitter posts about the UAE 94 trial, including spreading “slander concerning the rulers of the UAE using phrases that lower their status, and accusing them of oppression” and “disseminating ideas and news meant to mock and damage the reputation of a governmental institution.” Despite his acquittal in June 2014, the authorities continue to arbitrarily detain him, even though there is no legal basis for depriving him of his liberty.

On-line activist Osama Al-Najjar was arrested on 17 March 2014 and prosecuted on charges stemming from messages he posted on Twitter defending his father, Hussain Ali Al-Najjar Al-Hammadi, who is also one of the UAE 94 prisoners. In November 2014, he was sentenced by the State Security Chamber of the Federal Supreme Court to three years’ imprisonment on charges including “offending the State” and allegedly “instigating hatred against the State.” He was also convicted of “contacting foreign organisations and presenting inaccurate information,” a charge which followed his meeting with the UN Special Rapporteur on the independence of judges and lawyers during her official visit to the UAE in February 2014. Like all defendants convicted by this court, he was denied the right to appeal the verdict.

In his March 2015 report, Michel Forst, the UN Special Rapporteur on the situation of human rights defenders, expressed serious concern about the arbitrary arrest and detention of Osama Al-Najjar. He expressed concern that his arrest and detention may have been related to his legitimate activities in advocating for justice and human rights in the UAE and the peaceful exercise of his right to freedom of opinion and expression, as well as his cooperation with the UN and its human rights mechanisms. The Special Rapporteur called on the government to ensure that human rights defenders can carry out their legitimate activities in a safe and an enabling environment, including through open and unhindered access to international human rights bodies such as the UN, its mechanisms and representatives in the field of human rights, without fear of harassment, stigmatisation or criminalisation of any kind.

The 10 human rights organisations also express concern at the introduction of retrogressive legislation and amendment of already repressive laws, thereby further suppressing human rights. In July 2015, the authorities enacted a new law on combating discrimination and hatred with broadly-worded provisions, which further erode rights to freedom of expression and association. The law defines hate speech as “any speech or conduct which may incite sedition, prejudicial action or discrimination among individuals or groups… through words, writings, drawings, signals, filming, singing, acting or gesturing” and provides punishments of a minimum of five years’ imprisonment, as well as heavy fines. It also empowers courts to disband associations deemed to “provoke” such speech, and imprison their founders for a minimum of 10 years, even if the association or its founder have not engaged in such speech. The highly repressive 2012 cybercrime law, used already to imprison dozens of activists and others expressing peaceful criticism of the government, was amended in February 2016 to provide even harsher punishments, including by raising fines from a minimum of 100,000 Dirhams ($27,226) to 2 million Dirhams ($544,521).

Increasingly, the UAE authorities are using these laws and others simply as a means to silence peaceful dissent and other expression on public issues, and to sentence human rights defenders or peaceful critics of the government to lengthy prison terms.

The 10 human rights organisations urgently call on the UAE government to:

  • Release immediately and unconditionally all those individuals detained or imprisoned solely for peacefully exercising their rights to freedom of expression, association and assembly
  • Prohibit the practice of secret detention and institute safeguards against torture and other ill-treatment, ensuring that all allegations of torture and other ill-treatment are promptly, independently and thoroughly investigated
  • Ensure that all persons deprived of their liberty receive a fair and public hearing by an independent and impartial court in accordance with international human rights standards, including by having the right to appeal the judgement before a higher court or tribunal
  • Amend any legislation which unduly restricts the rights to freedom of expression, association and assembly, and bring all of its laws into full conformity with international human rights standards
  • Engage with the UN’s human rights bodies and implement their recommendations
  • Accept the request by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment to visit the UAE in the first half of 2016
  • Allow entry into the UAE of independent human rights organisations, including the co-signatories to this open letter, and commit to implementing their recommendations.

Signed:
Amnesty International
Arabic Network for Human Rights Information (ANHRI)
ARTICLE 19
English PEN
Gulf Centre for Human Rights (GCHR)
Index on Censorship
International Commission of Jurists
International Service for Human Rights (ISHR)
Lawyers Rights Watch Canada (LRWC)
PEN International