#civil-rights

prplcdclnw@diasp.eu

US House Passes Bill that Threatens Civil Society Organizations

https://www.hrw.org/breaking-news/2024/11/21/us-house-passes-bill-threatens-civil-society-organizations

On November 21, 2024, the US House of Representatives passed H.R. 9495, which would grant the secretary of the US Department of the Treasury unilateral authority to remove the tax-exempt status of any US nonprofit group that it designates a “terrorist supporting organization,” which the legislation does not clearly define. The bill does not require the government to provide evidence to support such a decision.

[gopher://gopher.floodgap.com/0/feeds/democracynow/2024/Nov/22/2](gopher://gopher.floodgap.com/0/feeds/democracynow/2024/Nov/22/2)

The House of Representatives on Thursday approved H.R. 9495, dubbed the
"nonprofit killer" by civil society groups. The measure would give the
incoming Trump administration broad authority to go after its critics by
revoking the tax-exempt status of any group it labels a "terrorist
supporting organization," with no evidence needed. The bill passed on a
219-184 vote, with 15 Democrats joining Republicans. H.R. 9495 has the
support of the Anti-Defamation League and other Israel lobby groups.
Critics warn the law would immediately target organizations fighting for
Palestinian rights.
The bill's fate in the Senate remains uncertain.

#human-rights #human-rights-watch #hrw #civil-rights #trump #republicans #republican-party #civil-society #israel #palestine #palestinians #gaza

prplcdclnw@diasp.eu

[gopher://gopher.floodgap.com/0/feeds/voaheadlines/2024/Nov/19/https---www.voanews.com-a-hong-kong-imprisons-pro-democracy-activists-in-landmark-national-security-case--7868919.html](gopher://gopher.floodgap.com/0/feeds/voaheadlines/2024/Nov/19/https---www.voanews.com-a-hong-kong-imprisons-pro-democracy-activists-in-landmark-national-security-case--7868919.html)

Originally posted by the Voice of America.
Voice of America content is produced by the Voice of America,
a United States federal government-sponsored entity, and is in
the public domain.

Hong Kong imprisons pro-democracy activists in landmark national security case

by William Yang

Taipei, Taiwan --

Hong Kong's High Court on Tuesday sentenced 45 pro-democracy activists
to up to 10 years in jail under subversion charges, marking an end to
the largest national security case in Hong Kong under a sweeping law
imposed by Beijing.

The defendants were accused of conspiracy to commit subversion for
taking part in an unofficial primary election aimed at selecting
opposition candidates to run in the 2020 legislative council election.

Authorities said the activists were planning to paralyze the Hong Kong
government and force the city's leader to resign by aiming to win a
legislative majority and use that to block government budgets.

The 45 defendants were given prison sentences between four years and
two months, and 10 years. Legal scholar Benny Tai, viewed as the
mastermind of the primary election by the government, received the
longest sentence.

In addition to Tai, other prominent activists involved in the case were
also given lengthy prison sentences. Journalist-turned-activist Gwyneth
Ho was sentenced to seven years in prison, and prominent Hong Kong
activist Joshua Wong was sentenced to four years and eight months in
prison.

Analysts say Tuesday's sentencing reflects the rapid disappearance of
basic rights and freedom in Hong Kong since the imposition of the
national security law in 2020.

"Today's harsh sentences against dozens of prominent democracy
activists reflect just how fast Hong Kong's civil liberties and
judicial independence have nosedived in the past four years since the
Chinese government imposed the draconian National Security Law on the
city," said Maya Wang, associate China director at Human Rights Watch.

Some former pro-democracy politicians in Hong Kong said the case has
already closed off space for substantive political discussion and
public participation before Tuesday's sentencing.

"Since their arrest in 2021, there are no more protests and there is no
more public discussion about anything in Hong Kong," Debby Chan, a
former pro-democracy district councilor, told VOA by phone.

Experts say the case will further restrain Hong Kong's civil society,
as it shows there is no longer room for meaningful political
participation in the city.

"The outcome would set a precedence for future attempts to organize
political activities in Hong Kong and it also shows that authorities
can arrest and try large numbers of participants at the same time,"
Patrick Poon, a visiting researcher at the University of Tokyo, told
VOA by phone.

## A more Chinese-style judicial system

Foreign governments have criticized the trial as politically motivated
and urged Hong Kong authorities to release the activists as they were
penalized for taking part in a peaceful political activity.

However, Chinese and Hong Kong authorities have repeatedly
characterized the national security law as a means to restore order
following large-scale pro-democracy protests in 2019. They also said
the activists were [1]treated according to local law.

Poon said several defendants in the case were repeatedly denied bail
and endured years of pre-trial detention before court proceedings of
the case finally began, actions that show Hong Kong authorities are
adopting judicial practices that are often used in China.

"The lengthy pre-trial detention and denial of bail application are all
common practices in China's judicial system, so I think this case shows
that Hong Kong is becoming more similar to China in that regard," he
told VOA.

According to [2]data collected by the Georgetown Center for Asian Law,
173 individuals have been arrested under national security-related
charges and 94 individuals have been charged with national
security-related crimes since the law was implemented in July 2020.

Some defendants are reportedly suffering from chronic health issues and
others were not allowed to visit sick relatives.

"One defendant tried to apply for parole to visit his sick parents
multiple times but the correctional services department rejected his
applications. In the end, both of his parents passed away," Sunny
Cheung, an associate fellow for China studies at the Jamestown
Foundation and participant in the 2020 primary, told VOA by phone.

Despite the hardship over the last few years, Chan said Tuesday's
sentencing marks the end of a stage.

"The sentences mean we now have a date to look forward to and we
finally know when all of this suffering will end," she told VOA.

Poon said since Hong Kong has incorporated some Chinese practices into
its judicial system, it's important to see whether Hong Kong
authorities would deprive the detainees or their family members of
basic rights in the future.

"One thing I don't want to see is the authorities blocking relatives
from visiting the defendants, but since Hong Kong's judicial system has
become very similar to the Chinese system, it's really hard to say
whether this would happen in Hong Kong or not," he said.

As family and friends await the activists' release, years from now,
Chan said she will try to position herself in a Hong Kong society where
pro-democracy organizations no longer exist.

"The pro-democracy people are still there, but there are no
organizations to gather these people," she told VOA.

References

  1. https://www.voanews.com/a/hong-kong-convicts-14-pro-democracy-activists-in-city-s-biggest-national-security-case/7634597.html
  2. https://www.chinafile.com/tracking-impact-of-hong-kongs-national-security-law

#civil-rights #human-rights #democracy #hong-kong #香港 #china #中国 #election #subversion #conviction #sentencing

See also [gopher://gopher.floodgap.com/0/feeds/democracynow/2024/Nov/19/7](gopher://gopher.floodgap.com/0/feeds/democracynow/2024/Nov/19/7)
and
https://www.democracynow.org/2024/11/19/headlines/hong_kong_court_sentences_45_pro_democracy_activists_in_landmark_national_security_trial

prplcdclnw@diasp.eu

光復香港,時代革命

Liberate Hong Kong, revolution of our times

[gopher://gopher.floodgap.com/0/feeds/voaheadlines/2024/Sep/16/https---www.voanews.com-a-first-conviction-under-hong-kong-s-security-law-for-wearing-seditious-t-shirt-7785735.html](gopher://gopher.floodgap.com/0/feeds/voaheadlines/2024/Sep/16/https---www.voanews.com-a-first-conviction-under-hong-kong-s-security-law-for-wearing-seditious-t-shirt-7785735.html)

Originally posted by the Voice of America.
Voice of America content is produced by the Voice of America,
a United States federal government-sponsored entity, and is in
the public domain.

First conviction under Hong Kong's security law for wearing 'seditious' T-shirt

by Reuters

HONG KONG --

A Hong Kong man on Monday pleaded guilty to sedition for wearing a
T-shirt with a protest slogan, becoming the first person convicted
under the city's new national security law passed in March.

Chu Kai-pong, 27, pleaded guilty to one count of "doing with a
seditious intention an act."

Under the new security law, the maximum sentence for the offense has
been expanded from two years to seven years in prison and could even go
up to 10 years if "collusion with foreign forces" was found involved.

Chu was arrested on June 12 at a MTR station wearing a T-shirt with the
slogan "Liberate Hong Kong, revolution of our times" and a yellow mask
printed with "FDNOL"- the shorthand of another slogan, "five demands,
not one less."

Both slogans were frequently chanted in the huge, sometimes violent,
pro-democracy protests in 2019 and June 12 was a key kick-off day of
the months-long unrests.

Chu told police that he wore the T-shirt to remind people of the
protests, the court heard.

Chief Magistrate Victor So, handpicked by the city leader John Lee to
hear national security cases, adjourned the case to Thursday for
sentencing.

Hong Kong was returned from Britain to China in 1997 under Beijing's
promise of guaranteeing its freedoms, including freedom of speech,
would be protected under a "one country, two systems" formula.

Beijing imposed a national security law in 2020 punishing secession,
subversion, terrorism or collusion with foreign forces with up to life
in prison, after the months-long protests in the financial hub.

In March 2024, Hong Kong passed a second new security law, a home-grown
ordinance also known as "Article 23" according to its parent provision
in the city's mini constitution, the Basic Law.

Critics, including the U.S. government have expressed concerns over the
new security law and said the vaguely defined provisions regarding
"sedition" could be used to curb dissent.

Hong Kong and Chinese officials have said it was necessary to plug
"loopholes" in the national security regime.


Five Demands, Not One Less

https://en.wikipedia.org/wiki/2019%E2%80%932020_Hong_Kong_protests#Objectives

#hong-kong #香港 #human-rights #civil-rights #liberty #freedom #dissent #protest #t-shirt #光復香港-時代革命 #liberate-hong-kong #sedition #five-demand-not-one-less #fdnol

prplcdclnw@diasp.eu

Thailand: Constitutional Court Dissolves Opposition Party

Disbanding Move Forward Party, Banning Leaders a Blow to Democracy

https://www.hrw.org/news/2024/08/07/thailand-constitutional-court-dissolves-opposition-party

The nine-judge Constitutional Court unanimously ruled that the Move Forward Party committed treason by advocating reform of Penal Code section 112 on lèse-majesté (insulting the monarchy) and imposed 10-year political bans on all of its executive members, who were in office from April 2021 to January 2024. The case had been brought by the national Election Commission.

#hrw #human-rights-watch #human-rights #thailand #freedom #liberty #civil-rights #move-forward-party #free-elections #anti-democratic #constitutional-court #treason

prplcdclnw@diasp.eu

Upcoming Cybercrime Treaty Will Be Nothing But Trouble

Backed By Russia, the New Treaty Aims to Stifle Dissent

https://www.hrw.org/news/2024/08/07/upcoming-cybercrime-treaty-will-be-nothing-trouble

Cybercrime—the malicious hacking of computer networks, systems, and data—threatens people’s rights and livelihoods, and governments need to work together to do more to address it. But the cybercrime treaty sitting before the United Nations for adoption, presumably by August 9, could instead facilitate government repression. By expanding government surveillance to investigate crimes, the treaty could create an unprecedented tool for cross-border cooperation in connection with a wide range of offenses, without adequate safeguards to protect people from abuses of power.

#hrw #human-rights-watch #human-rights #cybercrime-treaty #united-nations #un #treaty #civil-rights #dissent

prplcdclnw@diasp.eu

Le Sénat donne son feu vert à l’activation à distance des caméras ou micros des téléphones

The Senate gives the green light to the remote activation of the cameras or microphones of the telephones

L'article 3 du projet de loi du garde des Sceaux est controversé et cristallise les inquiétudes de la gauche et d'associations.

Article 3 of the Keeper of the Seals bill is controversial and crystallizes the concerns of the left and associations.

Translations by StartPage.

https://www.francetvinfo.fr/societe/justice/le-senat-donne-son-feu-vert-a-l-activation-a-distance-des-cameras-ou-micros-des-telephones_5875187.html

Le Sénat a donné, mercredi 7 juin dans la soirée, son feu vert à une disposition controversée du projet de loi sur la justice autorisant le déclenchement à distance des caméras ou micros des téléphones dans certaines enquêtes, à l'insu des personnes visées. L'article 3 du texte porté par le garde des Sceaux, Eric Dupond-Moretti, examiné en première lecture par les sénateurs, apporte plusieurs modifications à la procédure pénale.\
\
La mesure votée mercredi a deux finalités. D'une part, la géolocalisation en temps réel pour certaines infractions. D'autre part, l'activation de micros et caméras pour capter son et images, qui serait réservée aux affaires de terrorisme, de délinquance et de criminalité organisées.

The Senate gave, Wednesday, June 7 in the evening, the green light to a controversial provision of the justice bill authorizing the remote triggering of cameras or telephone microphones in certain investigations, without the knowledge of the persons concerned. Article 3 of the text carried by the Keeper of the Seals, Eric Dupond-Moretti, examined at first reading by the senators, brings several modifications to the criminal procedure.\
\
The measure voted on Wednesday has two purposes. On the one hand, real-time geolocation for certain offences. On the other hand, the activation of microphones and cameras to capture sound and images, which would be reserved for cases of terrorism, delinquency and organized crime.

"délinquance" (delinquency) seems a bit vague.

#france #privacy #surveillance #spying #smartphones #trackers #smart-phones #computers #cameras #microphones #remote-spying #remote-surveillance #human-rights #civil-rights

escheche@diasp.org
ramil_rodaje@diasp.org

Indigenous Sámi Win Landmark Case against Wind Power Company

https://www.earthisland.org/journal/index.php/articles/entry/indigenous-sami-win-landmark-case-against-wind-power

In a landmark victory for Indigenous Sámi reindeer herders, the Norwegian Supreme Court ruled in October that the government should never have granted licenses for two wind farms recently constructed on traditional Sámi grazing lands. It found these licenses interfere with the Sámi’s right to cultural enjoyment, in violation of the United Nations International Covenant on Civil and Political Rights.

#environment #wind #power #farms #Indigenous #peoples #grazing #lands #civil-rights #human-rights #culture #Sámi #Norway #earthislandjournal

prplcdclnw@diasp.eu

Victory! Another Court Protects the Right to Record Police

https://www.eff.org/deeplinks/2022/07/victory-another-court-protects-right-record-police

When people fear that the police are about to break the law, they pull out their phones and hit “record.” Doing so promotes police accountability and public discussion of important issues. So, it is great news that yet another federal appellate court has ruled that people have a First Amendment right to record on-duty police. With this ruling, the Tenth Circuit has joined six other federal appellate courts: the First, Third, Fifth, Seventh, Ninth, and Eleventh Circuits.

#police #civil-liberty #civil-liberties #recording-police #record-police #civil-right #civil-rights

wist@diasp.org

A quotation by Jefferson, Thomas

All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression.

Thomas Jefferson (1743-1826) American political philosopher, polymath, statesman, US President (1801-09)

Inaugural Address (4 Mar 1801)

#quote #quotation #civil-rights #equal-protection-under-the-law #equal-rights #majority #minority #rights

More notes and sourcing on WIST: https://wist.info/jefferson-thomas/20761/

prplcdclnw@diasp.eu

They all depend on the 14^th^ Amendment

If Roe is vulnerable, so are all these others.


Roe v. Wade -- right to an abortion

https://en.wikipedia.org/wiki/Roe_v._Wade


Brown v. Board of Education -- racial segregation of schools

https://en.wikipedia.org/wiki/Brown_v._Board_of_Education

Loving v. Virginia -- inter-racial marriage

https://en.wikipedia.org/wiki/Loving_v._Virginia

Mapp v. Ohio -- exclude evidence obtained illegally

https://en.wikipedia.org/wiki/Mapp_v._Ohio

Gideon v. Wainwright -- right to counsel

https://en.wikipedia.org/wiki/Gideon_v._Wainwright

Griswold v. Connecticut -- right to use contraception

https://en.wikipedia.org/wiki/Griswold_v._Connecticut

Obergefell v. Hodges -- same-sex marriage

https://en.wikipedia.org/wiki/Obergefell_v._Hodges

Lawrence v. Texas -- homosexual sex

https://en.wikipedia.org/wiki/Lawrence_v._Texas


https://www.documentcloud.org/documents/22067323-dobbs-v-jackson-womens-health-organization-clarence-thomas-concurrence

Thomas wrote in his concurring opinion

For that reason, in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.

It's interesting that Thomas didn't mention Loving v. Virginia in that same sentence. He's a black man who lives with his white wife in Virginia, the same state where Mildred and Richard Loving were arrested for being married to each other.

#constitution #14th-amendment #fourteenth-amendment #rights #civil-rights #human-rights #abortion #education #same-sex-marriage #homosexual-sex #contraception #right-to-counsel #right-to-privacy

prplcdclnw@diasp.eu

Not Satire

Russia Convicts Pastafarian of Being Affiliated with an "Undesirable Organization"

His name is Mikhail Iosilevich.

https://www.hrw.org/news/2022/05/27/russia-authorities-double-down-persecuting-undesirables

A Russian court on May 27, 2022 handed an activist 20 months of custodial sentence and ordered him to pay civil damages of 100,000 rubles (approximately US$1,500) having found him affiliated with an “undesirable organization,” Human Rights Watch said today. The abusive law underlying the charges, the prosecution and sentencing, individually and together constitute a complete travesty of justice, Human Rights Watch said.\
\
Mikhail Iosilevich, is the first person who may serve prison time for these charges as activists convicted previously had received suspended sentences or were ordered to perform community service (mandatory labor). In 2021, Iosilevich was also the first person placed in pretrial detention on these charges.

#pastafarian #pastafarians #church-of-the-flying-spaghetti-monster #russia #mikhail-iosilevich #human-rights #civil-rights #freedom-of-religion #religious-freedom #hrw #human-rights-watch

eccodrum@diasp.org

Alito’s Plan to Repeal the 20th Century
If the conservative justice’s draft opinion is adopted by the Court, key advances of the past hundred years could be rolled back.
By Adam Serwer

The right-wing majority’s radical repurposing of the so-called shadow docket to set precedents and nullify constitutional rights rather than simply deal with time-sensitive matters foreshadowed this outcome. In the Court’s religious-freedom decisions related to the coronavirus pandemic, and in its choice last year to allow Texas to nullify the right to an abortion, you can see the outlines of this new legal regime: On the grounds that it constitutes a form of religious discrimination, conservatives will be able to claim an exemption from any generally applicable rule they do not wish to follow, while imposing their own religious and ideological views on those who do not share them. Although the right-wing justices present this rule in the language of constitutionalism, they are simply imposing their ideological and cultural preferences on the rest of the country. Roe itself left those opposed to abortion free not to have one; striking it down allows states to prevent those seeking abortions from obtaining them.

#politics #SCOTUS #abortion #civil-rights #constitution #law #AdamSerwer

prplcdclnw@diasp.eu

A Bleak Week for Rights in the UK

Eroding Civil Liberties Against Backdrop of Falling Living Standards Will Cause Harm

https://www.hrw.org/news/2022/04/30/bleak-week-rights-uk

To say the United Kingdom government was busy over the past week would be a classic British understatement. It steamrolled through parliament four separate pieces of legislation that will do real harm to people’s rights.

#uk #rights #civil-rights #human-rights #human-rights-watch #hrw #civil-liberties #living-standards #cost-of-living #nationality-and-borders-bill #elections-bill #judicial-review-and-courts-bill

escheche@diasp.org