We, the undersigned organisations, all dedicated to the value of creative freedom, are writing to express our grave concern that Ashraf Fayadh has been sentenced to death for apostasy.
Ashraf Fayadh, a poet, artist, curator, and member of British-Saudi art organisation Edge of Arabia, was first detained in August 2013 in relation to his collection of poems Instructions Within following the submission of a complaint to the Saudi Committee for the Promotion of Virtue. He was released on bail but rearrested in January 2014.
According to court documents, in May 2014 the General Court of Abha found proof that Fayadh had committed apostasy (ridda) but had repented for it. The charge of apostasy was dropped, but he was nevertheless sentenced to four years in prison and 800 lashes in relation to numerous charges related to blasphemy.
At Ashraf Fayadh’s retrial in November 2015 the judge reversed the previous ruling, declaring that repentance was not enough to avoid the death penalty. We believe that all charges against him should have been dropped entirely, and are appalled that Fayadh has instead been sentenced to death for apostasy, simply for exercising his rights to freedom of expression and freedom of belief.
As a member of the UN Human Rights Council (HRC), the pre-eminent intergovernmental body tasked with protecting and promoting human rights, and the Chair of the HRC’s Consultative Group, Saudi Arabia purports to uphold and respect the highest standards of human rights. However, the decision of the court is a clear violation of the internationally recognised rights to freedom of conscience and expression. Article 18 of the Universal Declaration of Human Rights (UDHR) states that, “[e]veryone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief”. Furthermore, under Article 19 of the Universal Declaration of Human Rights, “everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”. Saudi Arabia is therefore in absolute contravention of the rights that as a member of the UN HRC it has committed to protect.
There are also widespread concerns over an apparent lack of due process in the trial: Fayadh was denied legal representation, reportedly as a result of his ID having been confiscated following his arrest in January 2014. It is our understanding that Fayadh has 30 days to appeal this latest ruling, and we urge the authorities to allow him access to the lawyer of his choice.
We call on the Saudi authorities to release Ashraf Fayadh and others detained in Saudi Arabia in violation of their right to freedom of expression immediately and unconditionally.
List of signatories:
AICA (International Association of Art Critics)
Algerian PEN
All-India PEN
Amnesty International UK
Arterial Network
ARTICLE 19
Artists for Palestine UK
Austrian PEN
Banipal
Bangladesh PEN
Bread and Roses TV
British Humanist Association
Bulgarian PEN
Centre for Secular Space
CIMAM (International Committee for Museums and Collections of Modern Art)
Council of Ex-Muslims of Britain
Croatian PEN
Crossway Foundation
Danish PEN
English PEN
Ethiopian PEN-in-Exile
FIDH (International Federation for Human Rights)
Five Leaves Publications
Freemuse
German PEN
Haitian PEN
Human Rights Watch
Index on Censorship
International Humanist and Ethical Union
Iranian PEN in Exile
Jimmy Wales Foundation
Lebanese PEN
Ledbury Poetry Festival
Lithuanian PEN
Modern Poetry in Translation
National Coalition Against Censorship (NCAC)
Norwegian PEN
One Darnley Road
One Law for All
Palestinian PEN
PEN American Center
PEN Canada
PEN International
PEN South Africa
Peruvian PEN
Peter Tatchell Foundation
Portuguese PEN
Québec PEN
Russian PEN
San Miguel PEN
Scottish PEN
Slovene PEN
Society of Authors
South African PEN
Split This Rock
Suisse Romand PEN
School of Literature, Drama and Creative Writing, University of East Anglia
The Voice Project
Trieste PEN
Turkish PEN
Wales PEN Cymru
Bassel Khartabil, a defender of freedom expression being held in conditions amounting to enforced disappearance may be facing a death sentence, 36 local and international organizations said today. His wife has received unconfirmed reports that a Military Field Court has sentenced him to death. His whereabouts should be disclosed immediately, and he should be released unconditionally, the groups said.
Military Intelligence detained Khartabil on March 15, 2012. He was held in incommunicado detention for eight months and was subjected to torture and other ill-treatment. He is facing Military Field Court proceedings for his peaceful activities in support of freedom of expression. A military judge interrogated Khartabil for a few minutes on December 9, 2012, but he had heard nothing further about his legal case, he told his family. In December 2012 he was moved to ‘Adra prison in Damascus, where he remained until October 3, 2015, when he was transferred to an undisclosed location and has not been heard of since.
Reports that his wife received from alleged sources inside Military Intelligence suggest that since his disappearance he has been tried by a Military Field Court in the Military Police headquarters in al-Qaboun, which sentenced him to death. Military Field Courts in Syria are exceptional courts with secret closed-door proceedings that do not meet international fair trial standards. Defendants have no legal representation, and the courts’ decisions are binding and not subject to appeal. People brought before such courts who were later released have said that proceedings are perfunctory, often lasting only minutes.
Khartabil is a software developer who has used his technical expertise to help advance freedom of speech and access to information via the internet. He has won many awards, including the 2013 Index on Censorship Digital Freedom Award for using technology to promote an open and free internet. His arrest and on-going detention are apparently a direct result of his peaceful and legitimate work, the groups said.
Demands for his release have been published by this group since his arrest and have been echoed by the UN Working Group on Arbitrary Detention in April 2015.
The authorities in Syria should:
1. Immediately disclose the whereabouts of Bassel Khartabil and grant him access to a lawyer and to his family;
2. Ensure that he is protected from torture and other ill-treatment;
3. Immediately and unconditionally release him;
4. Release all detainees in Syria held for exercising their legitimate rights to freedom of expression and association.
List of signatories:
1. Action by Christians for the Abolition of Torture (ACAT)
2. Amnesty International (AI)
3. Arab Foundation for Development and Citizenship (AFDC)
4. Arabic Network for Human Rights Information (ANHRI)
5. Cairo Institute for Human Rights Studies (CIHRS)
6. Centre for Democracy and Civil Rights in Syria
7. Electronic Frontier Foundation (EFF)
8. EuroMed Rights (EMHRN)
9. Fraternity Foundation for Human Rights
10. Front Line Defenders (FLD)
11. Gulf Centre for Human Rights (GCHR)
12. HIVOS Humanist Institute for Co-operation with Developing Countries
13. Human Rights Watch (HRW)
14. Index on Censorship
15. Institute for War & Peace Reporting (IWPR)
16. International Federation for Human Rights (FIDH) under the Observatory for the Protection of Human Rights Defenders
17. Iraqi Association for the Defence of Journalists’ Rights (IJRDA)
18. Lawyer’s Rights Watch Canada (LRWC)
19. Maharat Foundation
20. Metro Centre to Defend Journalists in Iraqi Kurdistan
21. PAX
22. PEN International
23. Rafto
24. Reporters Without Borders(RSF)
25. Rethink Rebuild Society
26. Sisters Arab Forum for Human Rights (SAF)
27. SKeyes Center for Media and Cultural Freedom
28. Syrian American Council (SAC)
29. Syrian Association for Citizenship
30. Syrian Center for Media and Freedom of Expression (SCM)
31. Syrian Network for Human Rights (SNHR)
32. Syrian Observatory for Human Rights
33. Syrian Women Association
34. The Day After Association (TDA)
35. Violations Documentation Center in Syria (VDC)
36. World Organisation Against Torture (OMCT) under the Observatory for the Protection of Human Rights Defenders
H.E. Recep Tayyip Erdoğan
President of the Republic of Turkey
T.C. Cumhurbaşkanlığı Genel Sekreterliği
06689 Çankaya, Ankara
Turkey
Dear President Erdoğan,
We, the undersigned free expression organisations, call for the immediate and unconditional release of Mohammed Ismael Rasool, a Kurdish fixer for VICE News. Rasool has remained imprisoned in Turkey on charges of “aiding a terrorist organization” for over two months despite the release of two British colleagues with whom he was initially detained.
Rasool, correspondent Jake Hanrahan, and cameraman Philip Pendlebury were all taken into police custody in the city of Diyarbakir, on 27 August while covering the current conflict in southeastern Turkey for VICE News. Specifically, they were reporting on clashes between Turkish security forces and the Patriotic Revolutionary Youth Movement, the youth wing of the outlawed Kurdistan Workers’ Party (PKK).
The lawyer representing Rasool, Hanrahan and Pendlebury has stated that the police responded to a tipoff by an anonymous caller who alleged that they were assisting the Islamic State of Iraq and the Levant (ISIL). Following their detention, the journalists were questioned by anti-terrorism police, and on 31 August, all three were charged on baseless and false accusations using Turkey’s broad anti-terrorism laws. On 3 September, Hanrahan and Pendlebury were released, while Rasool continues to languish in prison.
We add our voice to communities, organisations and governments around the world calling for Rasool’s immediate release. A petition created by the Committee to Protect Journalists (CPJ) has obtained over 80,000 signatures so far, and PEN International, along with almost 80 writers, journalists and press freedom organisations, have published an open letter to President Erdoğan. The United States Department of State has also called on Turkey to uphold due process for Rasool.
From 19 to 21 October 2015, a joint emergency mission to Turkey was conducted to investigate the status of press freedom and free expression in the country. Representatives from international, regional and local groups involved in the mission found that the pressure on journalists operating in Turkey has sharply escalated in the time between the 7 June parliamentary elections, which resulted in a hung parliament, and the recent election held on 1 November. The mission determined that such pressure has severely affected the ability of journalists to report independently and freely, which may in turn have had a critically negative effect on the ability of voters in Turkey to share and obtain important information, and therefore engage fully in the democratic process.
Broadly worded anti-terror and penal code statutes have allowed Turkish authorities to conflate the coverage of banned groups like the PKK with terrorism or other ‘anti-state’ activity. As a result, journalists seeking to objectively cover PKK activities have often beenimprisoned or obstructed. The use of these anti-state offense charges is just one way that the Turkish media is being intimidated and silenced in an increasing and long-term crackdown on legitimate journalism.
Media personnel must be allowed to operate freely without fear of unfounded persecution. We express solidarity with all of the journalists operating in Turkey, including Rasool and the other journalists imprisoned in the country. We, the undersigned, call on President Erdoğan and the Turkish authorities to drop all charges against Mohammed Ismael Rasool and ensure his immediate release. We further call for increased efforts to hold those responsible for violations of, and attacks on, free expression rights, and press freedom in the post-election environment and beyond.
Canadian Association of Journalists
Canadian Media Guild
Centre for Law and Democracy
International Partnership for Human Rights
Newspapers Canada
Openmedia
Platform London
VICE
VICE News
UPDATE: Unconfirmed reports are circulating that Khartabil has been secretly sentenced to death by the Syrian government. We ask the Syrian authorities to reveal Khartabil’s whereabouts and release him immediately and unconditionally.
Syria’s authorities have yet to disclose the whereabouts of Bassel Khartabil, a software developer and defender of freedom of information, one month after his transfer to an undisclosed location, 22 organizations said today. Syrian authorities should immediately reveal his whereabouts and release him.
Military intelligence detained Khartabil on March 15, 2012. On October 3, 2015, Khartabil managed to inform his family that security officers had ordered him to pack but did not reveal his destination. His family has received no further information. They suspect that he may have been transferred to the military-run field court inside the military police base in Qaboun.
“Each day without news feels like an eternity to his family,” a spokesperson for the organizations said. “Syrian authorities should immediately reveal his whereabouts and reunite him with them.”
The Syrian authorities should immediately reveal Khartabil’s whereabouts and release him immediately and unconditionally, the organizations said. He is facing military field court proceedings for his peaceful activities in support of freedom of expression.
International law defines an enforced disappearance as an action by state authorities to deprive a person of their liberty and then refuse to provide information regarding the person’s fate or whereabouts.
Military field courts in Syria are exceptional courts that have secret closed-door proceedings and do not allow for the right to defense. Based on accounts by people who have appeared before these courts, the proceedings were perfunctory – lasting minutes – and did not meet minimum international standards for a fair trial. During a field court proceeding on December 9, 2012, a military judge interrogated Khartabil for a few minutes, but he had heard nothing about his legal case since then.
A Syrian of Palestinian parents, Khartabil is a 34-year-old computer engineer who worked to build a career in software and web development. Before his arrest, he used his technical expertise to help advance freedom of speech and access to information via the internet. Among other projects, he founded Creative Commons Syria, a nonprofit organization that enables people to share artistic and other work using free legal tools. Despite his imprisonment, Khartabil’s digital work is still advancing knowledge; last month, colleagues produced a new 3D model of the ancient Palmyra ruins using data collected by Khartabil before his detention. The UNESCO world heritage site is currently being destroyed by Islamic State, also known as ISIS, fighters, but the project was able to reconstruct their earlier appearance based on Khartabil’s measurements.
