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  1. #HongKong: #Article23 law used to ‘normalize’ #repression one year since enactment

    Just one year after its passage, Hong Kong’s Article 23 law has further squeezed people’s freedoms and enabled authorities to intensify their #crackdown on peaceful #activism in the city and beyond, #AmnestyInternational said.

    " 'Over the past year, Article 23 has been used to entrench a ‘new normal’ of systematic repression of dissent, criminalizing peaceful acts in increasingly absurd ways,' said Amnesty International’s China Director Sarah Brooks.

    " 'People have been targeted and harshly punished for the clothes they wear as well as the things they #say and #write, or for minor acts of #protest, intensifying the #ClimateIOfFear that already pervaded Hong Kong. #FreedomOfExpression has never been under greater attack.'

    People convicted and jailed for peaceful expression

    "The Safeguarding National Security Ordinance (known as Article 23) took effect on 23 March 2024. Amnesty International’s analysis shows that 16 people have since been arrested for sedition under Article 23. Five of them were officially charged under the law, and the other 11 were released without charge. None of those arrested is accused of engaging in violence, while the authorities have accused two of them of #inciting violence without yet disclosing any details.

    "Three of the charged individuals – after facing around three months’ pre-trial detention – were convicted for, respectively, wearing a T-shirt and #mask printed with protest slogans; #criticizing the government #online; and writing protest #slogans on bus seats. They were sentenced to between 10 and 14 months in prison.

    "The remaining two charged people have been held in detention awaiting trial since November 2024 and January 2025, respectively. They are accused of publishing '#seditious' posts on social media platforms.

    Article 23 entrenches denial of bail

    "The presumption against bail in national security cases, originally imposed by the #Beijing-enacted #NationalSecurityLaw (#NSL), has now been extended to offences under Article 23. Among the five individuals charged under Article 23, the two who applied for bail had their applications denied because the magistrate believed they may 'continue to commit acts endangering national security' – the same reasoning used to deny bail to others prosecuted under the NSL, including newspaper founder #JimmyLai and opposition politicians.

    "The remaining 11 individuals arrested under Article 23 are variously accused of publishing 'seditious' posts, commemorating the 1989 #Tiananmen crackdown and spreading 'disinformation'. Despite having been released by the police without official charge, they remain at risk of prosecution at any time because Article 23 does not impose a time limit on bringing criminal charges.

    " 'Article 23 has been wielded by the Hong Kong government as a tool to suppress critical voices with the ultimate aim of eradicating them. Alongside the #NSL, it has handed the authorities virtually unchecked power to arrest and jail anybody criticizing the government. The result is a Hong Kong where people are forced to second-guess what they say and write, and even what they wear,' Sarah Brooks said.

    " 'The now default use of pre-trial #detention and refusal of bail are alarming examples of how Article 23 has been used to reinforce the repressive tools first introduced under the NSL.”
    ‘#NationalSecurity’ as a trump card overriding established laws

    "Article 23 has also been weaponized to impose additional punitive measures against dissidents already serving sentences. Under the existing Prison Rules, last amended in 2014, prisoners with good conduct were eligible for early release after serving two-thirds of their sentences. However, according to new rules set by Article 23, the prison authorities can waive this practice if the release would be 'contrary to the interests of national security'.

    "Notably, at least two jailed activists have been denied early release, despite the fact that they were not convicted under Article 23 and had already begun serving their sentences before its enactment.

    "One of the activists – who was convicted of incitement to wound, a charge unrelated to any national security legislation – was barred from early release despite Article 23 expressly stating that the new rules apply only to prisoners convicted of offences endangering national security.

    " '#Retroactively denying early release based on vague national security justifications undermines legal certainty and due process. The government’s failure to comply with the very text that it drafted further raises serious concerns about the arbitrary application of Article 23,' Sarah Brooks said.

    Extraterritorial application against #overseas #activists

    "The worrying impact of Article 23 on human rights is not restricted to Hong Kong. Authorities have invoked Article 23’s extraterritorial scope to penalize a total of 13 Hong Kong activists residing overseas, including in the #UK, the #US, #Canada and #Australia. These penalties have included the cancellation of passports, suspension of lawyer licenses, removal from company directorships and prohibition of financial transactions, restricting a range of #HumanRights such as their freedom of movement, right to privacy and right to work.

    "These measures have been imposed alongside arrest warrants issued under the NSL, each carrying a HK$1 million (US$128,700) bounty, for these 13 individuals and six other overseas activists.

    " 'By sanctioning activists overseas, the Hong Kong government is attempting to extend its #DraconianLaws beyond its borders to target potentially anyone, anywhere. The situation has resulted in a chilling effect on individuals who persist in exercising their freedom of expression, even after departing from the city. The international community cannot afford to ignore Article 23’s intended extraterritorial reach,' Sarah Brooks said.

    " 'We urge the Hong Kong and Chinese governments to immediately repeal Article 23, the NSL and any other legislation which violates international human rights laws and standards. We also call on other governments to safeguard the fundamental rights and freedoms of #Hongkongers, in particular those actively defending human rights, within their jurisdictions.

    " 'The rising risk of transnational repression, which Amnesty has documented and which is explicitly tied to Hong Kong’s national security legislation, demands a response by governments worldwide. As a start, that means denouncing incidents of transnational repression and pursuing accountability for criminal acts targeting activists and others in the country of residence.'

    Background

    "On 19 March 2024, Hong Kong’s Legislative Council unanimously voted to pass the Safeguarding National Security Ordinance based on Article 23 of the Basic Law, Hong Kong’s mini-constitution.

    "The law, which took effect on 23 March 2024, introduced China’s definition of 'national security' and 'state secrets', together with other broadly defined offences which further restricted freedom of expression and the right to protest. It also replaced a widely used #colonial-era #sedition law with its own provisions on sedition which now expressly cover acts or speech which do not incite violence. The maximum prison sentence for sedition was increased from two to seven years, or up to 10 years if involving 'collusion with an external force'.

    "Amnesty International submitted an analysis of its proposals to the government during the consultation period, concluding that the offences and changes to investigatory powers are contrary to Hong Kong’s human rights obligations. After the law was passed, Amnesty International issued a briefing paper providing an in-depth analysis of the effects of the law on both Chinese and non-Chinese individuals, in particular via its purported extraterritorial application."

    Source:
    amnesty.org/en/latest/news/202

    #AntiProtestLaws #AntiProtestLaws #CriminalizingDissent #CriminalizingProtest #HumanRightsViolations #BigBrother #NeverForgetTiananmen

  2. A Conversation With Umar Khalid That Burned Me

    "This is my fourth summer in prison, but the heat this time is unbearable. I have never witnessed anything like this in my life. In fact, older inmates say they haven’t ever experienced such heat wave," Umar Khalid tells Banojyotsna Lahiri.

    #UmarKhalid #incarceration #UAPA #PoliticalPrisoners #heatwave #DraconianLaws #HumanRights #undertrials #india

    article-14.stck.me/post/297917

  3. Intellectual Insurgency and Mahesh Raut

    We are witnessing a pretend politics which lives on the time borrowed from a deferred revolution, write Divya Dwivedi and Shaj Mohan (excerpted from the authors' book Indian Philosophy, Indian Revolution: On Caste and Politics)

    #BookExcerpt #BK16 #MaheshRaut #BhimaKoregaonCase #BhimaKoregaon #history #RSS #brahminism #BrahminHegemony #dalits #caste #SocialJustice #rights #UAPA #DraconianLaws #hindutva #books #bookstodon #history #histodon #india

    thewire.in/rights/mahesh-raut-

  4. 'Every time I stepped out, the camera was on': Love and resilience in captivity with Gautam Navlakha

    Sahba Husain relinquished her freedom to spend nearly two years in house arrest in a makeshift room with her partner of 30 years.

    #GautamNavlakha #BhimaKoregaonCase #BK16 #dissent #UAPA #DraconianLaws #incarceration #SahbaHusain #india

    scroll.in/article/1069346/ever

  5. How 2 Kashmiri Brothers Ran A 10-Day, Social-Media Campaign That Propelled Their Imprisoned Father To Parliament

    The campaign for Sheikh Abdul Rashid, or Engineer Rashid, ran not on issues of roads, water or electricity but as ‘revenge’ for his incarceration, his sons promising that their father would be a voice for hundreds of Kashmiri youth imprisoned in jails nationwide.

    #kashmir #baramulla #LokSabhaElection2024 #EngineerRashid #UAPA #NIA #DraconianLaws #india

    article-14.com/post/how-2-kash

  6. Arundhati Roy is being hounded by the Indian state. This is a test case for its democracy

    That the author could be prosecuted for comments made 13 years ago is absurd – but also a deadly threat to freedom of speech, writes Meena Kandasamy. (Article from October 2023)

    #ArundhatiRoy #FreeSpeech #UAPA #BJP #NDA #DraconianLaws #kashmir #india

    theguardian.com/commentisfree/

  7. Introducing the BK-16 Prison Diaries series

    The series offers a glimpse into the BK-16’s lives inside prison, as well as the struggles of their loved ones outside. Each piece in the series is complemented by Arun Ferreira’s striking and evocative artwork.

    #BK16 #BhimaKoregaonCase #PoliticalPrisoners #dissent #UAPA #DraconianLaws #HumanRights #BK16PrisonDiaries #india

    thepolisproject.com/read/intro

  8. 'Extensive Consultations' Before 3 New Criminal Laws, Says Modi Govt, But Won’t Give Any Details

    The three new criminal laws, effective from 1 July 2024, to overhaul India’s criminal justice system have faced criticism for increasing police powers and introducing offences like terrorism without proper safeguards.

    #IndianCriminalLaws #HumanRights #BNS #BNSS #BSA #IPC #CrPC #IndianEvidenceAct #transparency #PolicePowers #BJP #DraconianLaws #RTI #UnionGovt #india

    article-14.com/post/-extensive

  9. Interview: “In my 34-year career as journalist, I have never felt as anxious as I do today,” says Samar Halarnkar

    In an interview with Maktoob’s Gafira Qadir, Samar Halarnkar, founder of the independent media house Article-14, talks about the tough situation journalists are in, facing threats and new laws that limit their freedom. He also talks about how hard it is to report on the government in a critical way.

    #PressFreedom #media #journalism #censorship #DraconianLaws #BJP #UnionGovt #UAPA #PMLA #kashmir #manipur #UttarPradesh #islamophobia #hindutva #authoritarianism #india

    maktoobmedia.com/india/intervi

  10. Time to repeal UAPA in a country boasting to be a democracy

    'A country boasting to be a democracy cannot have a vague and draconian law like UAPA, which is only used to frame activists, political opponents and critiques of the state,' writes Banjyotsna Lahiri.

    #UAPA #DraconianLaws #dissent #PressFreedom #PoliticalPrisoners #UmarKhalid #StanSwamy #HumanRights #democracy #india

    telegraphindia.com/elections/l

  11. Kashmiri Journalist Aasif Sultan Granted Bail After Years Behind Bars

    Sultan was languishing in jail since August 2018 when he was arrested by the police for allegedly harbouring terrorists at his Srinagar residence.

    #kashmir #AasifSultan #PressFreedom #UAPA #NIA #rights #DraconianLaws #india

    thewire.in/rights/kashmiri-jou

  12. Prabir Purkayastha's Arrest By Delhi Police & Remand Illegal: Supreme Court Orders NewsClick Editor's Release In UAPA Case

    The Court noted that a copy of the remand application was not provided to the appellant or his counsel before passing the remand order on October 4, 2023. Therefore, the Court held that the arrest and the remand are vitiated.

    #NewsClickCase #PrabirPurkayastha #SupremeCourt #DelhiPolice #UAPA #NYT #DraconianLaws #dissent #PressFreedom #india

    livelaw.in/top-stories/supreme

  13. Bhima Koregaon: Gautam Navlakha gets bail as Supreme Court lifts stay on Bombay High Court order

    A Bench of Justices MM Sundresh and SVN Bhatti refrained from extending the stay as the High Court order was detailed and also because the trial would take years to complete.

    #GautamNavlakha #BhimaKoregaon #SupremeCourt #BombayHC #BhimaKoregaonCase #ElgarParishad #UAPA #PoliticalPrisoners #DraconianLaws #india

    barandbench.com/news/bhima-kor

  14. Delhi HC Orders Release of Newsclick HR Head and Government Witness Amit Chakraborty

    Justice Swarana Kanta Sharma noted that the prosecution had already obtained Chakraborty's statement under provisions of the Criminal Code of Procedure and that Chakraborty was confined to a wheelchair due to a medical condition.

    #DelhiHC #NewsClick #AmitChakraborty #NewsClickCase #dissent #PressFreedom #UAPA #DraconianLaws #NYT #india

    thewire.in/law/delhi-high-cour

  15. Citizens Can't Be Picked Up & Interrogated To Carve Out Grounds For Preventive Detention Without Any Criminal Case: J&K High Court

    The J&K High Court has quashed the preventive detention order slapped by Shopian District Magistrate on a 26-year-old man, Jaffar Ahmad Parray, observing that in a democratic country like India, Police and Magistracy cannot be expected to pick up and interrogate citizens and carve out grounds of preventive detention without registering a criminal case against them.

    #kashmir #JKHC #PSA #DraconianLaws #RuleOfLaw #india

    livelaw.in/high-court/jammu-ka

  16. Long Walk to Freedom Cut Short: A Chronicle Of Kashmir Journalist Aasif Sultan’s Captivity For Over Five Years

    More than five years after the J&K police arrested him on terrorism charges, two years after a judge found no prima facie evidence against him, and three months after a judge squashed a detention order against him, Kashmiri journalist Aasif Sultan remains jailed.

    #kashmir #AasifSultan #PressFreedom #JKPolice #UAPA #PSA #DraconianLaws #media #india

    article-14.com/post/long-walk-

  17. Stay on bail for long period affects personal liberty and rights, feel experts

    Elgaar Parishad case accused Mahesh Raut and Gautam Navlakha remain in jail for over four months since grant of bail by the Bombay High Court.

    #BK16 #BhimaKoregaonCase #MaheshRaut #GautamNavlakha #BombayHC #UAPA #DraconianLaws #india

    indianexpress.com/article/citi

  18. Allegations of terrorism against Bhima Koregaon accused Shoma Sen prima facie untrue: Supreme Court

    The bench remarked that no evidence had been placed before it to suggest that the former professor is a member of the banned Communist Party of India (Maoist).

    #BK16 #ShomaSen #SupremeCourt #BhimaKoregaonCase #UAPA #DraconianLaws #india

    scroll.in/latest/1066317/alleg

  19. Shoma Sen, accused in Elgar Parishad case, granted bail by Supreme Court

    Sen, an English literature professor and women’s rights activist, was arrested in connection with the case on June 6, 2018.

    #BK16 #ShomaSen #BhimaKoregaonCase #UAPA #DraconianLaws #dissent #SupremeCourt #india

    thehindu.com/news/national/sho

  20. New Book on Bhima Koregaon Case Tells Uncomfortable Truths, But Brings Hope

    Alpa Shah’s book, ‘The Incarcerations’, is alive with stories of fearlessness, but also of the cost it extracts.

    #BookReview #BhimaKoregaonCase #BhimaKoregaon #BK16 #AlpaShah #dissent #UAPA #DraconianLaws #HumanRights #BJP #UnionGovt #books #bookstodon #india

    thequint.com/opinion/the-incar

  21. Some personal reflections on prison medical care

    This is a personal account of medical practices and healthcare behind bars, which draws on direct experiences and narrations from fellow prisoners, accumulated during eleven years in custody. It touches on issues of the relationship of medical professionals with the torture of detenus, the anarchy of everyday prison medication, frailty and death among older inmates and the proposals and prospects for prison healthcare reform. It sees a need for systemic change, but the prognosis is not optimistic. Vernon Gonsalves writes.

    #BK16 #prisons #PrisonMedicalCare #healthcare #MedicalEthics #PrisonHospitals #PrisonReform #PrisonDoctors #PoliticalPrisoners #torture #HumanRights #DraconianLaws #UAPA #india

    ijme.in/articles/some-personal

  22. Was the trial judge who convicted G.N. Saibaba biased? We will never know, and that is part of the injustice

    The injustice of a trial judge filling the gaps in the prosecution’s case (which relied on ‘evidence’ in the form of bananas, umbrellas and newspaper cuttings) with judicial overreach to chop ten years off Professor G.N. Saibaba’s life. Nihalsing B. Rathod writes.

    #GNSaibaba #UAPA #HumanRights #IndianJudiciary #DraconianLaws #SurendraGadling #BK16 #india

    theleaflet.in/was-the-trial-ju

  23. Hacker-for-hire gang with links to Pune police planted emails on the computers of Bhima Koregaon accused: new book

    The mercenary hacker gang, headquartered in India, remotely implanted evidence, according to LSE professor’s book; cites cybersecurity researchers to claim gang’s connection to a Pune police officer.

    #BhimaKoregaonCase #BK16 #activism #dalits #ElgarParishad #hacking #PunePolice #books #bookstodon #AlpaShah #UAPA #DraconianLaws #india

    thehindu.com/news/national/hac

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