#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:
https://www.amnesty.org/en/latest/news/2025/03/hong-kong-article-23-law-used-to-normalize-repression-one-year-since-enactment/

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

From 2024: #HumanRightsWatch - #Venezuela: Brutal #Crackdown on #Protesters, Voters

Killings, #MassArrests Following Elections

(Bogota) – "Venezuelan authorities are committing widespread #HumanRights violations against #protesters, #bystanders, #opposition leaders, and critics following the July 28, 2024, presidential election, Human Rights Watch said today. Concerned governments should push for independent verification of the electoral results and support international efforts to ensure accountability.

"International observers have raised serious concerns about the July 29 announcement by Venezuela’s National Electoral Council (CNE) that #NicolásMaduro had been re-elected president. Following the announcement, thousands of protesters have taken to the streets, in largely peaceful protests, to demand a fair counting of the votes. Human Rights Watch has documented that Venezuelan authorities and #ProGovernment armed groups known as '#colectivos' have committed widespread abuses, including killings, arbitrary detention and prosecution, and harassment of critics. On September 2, a judge issued an arrest warrant against opposition candidate #EdmundoGonzález for '#conspiracy,' 'incitement to #disobedience' and other crimes.

" 'The repression we are seeing in Venezuela is shockingly brutal,' said Juanita Goebertus, Americas director at Human Rights Watch. 'Concerned governments need to take urgent steps to ensure that people are able to peacefully protest and that their vote is respected.'

"Venezuelans voted in the presidential election in large numbers, despite irregular government actions and human rights violations in the lead-up to the election, including arrests of opposition members, arbitrary disqualifications of opposition candidates, and restrictions on Venezuelans #voting abroad. Several hours after polls closed, Venezuela’s electoral council declared that Maduro had won the election with over 51 percent of the vote. The Electoral Council has not released the tally sheets from the election, nor conducted the audits and citizen verification processes required by law.

"The United Nations Electoral Technical Team and the #CarterCenter, which observed the elections, said the process lacked transparency and integrity, and questioned the declared result. They indicated that, instead, the precinct-level tally sheets that the opposition made public were reliable. The Carter Center noted that the tally sheets showed, with 81 percent of the votes counted, that #González had won the election by a significant margin.

"Venezuelans have taken to the streets across the country, particularly in low-income areas traditionally supportive of the Chavismo movement, where many incidents of #repression have taken place.

"Human Rights Watch received credible reports of 24 killings in the context of #protests from independent local groups, including Foro Penal, Justicia Encuentro y Perdón, Monitor de Víctimas, and Provea, or discovered them on social media. Human Rights Watch independently documented 11 of these cases, including by reviewing death certificates, verifying videos and photographs, and interviewing 20 people, including witnesses and other local sources. Many relatives, witnesses, and others were not willing to be interviewed because they feared #GovernmentRetaliation.

"Human Rights Watch analyzed and verified 39 videos and 2 photographs of protests found on social media platforms or sent directly to researchers by people close to the victims, and by local organizations and journalists.

"Researchers confirmed the exact locations where these videos were filmed; used information such as shadows, weather patterns, and upload dates to determine the time of day; and consulted with forensic pathologists and arms experts, who analyzed the injuries and weapons that were seen and heard.

"According to Venezuelan authorities, they arrested over 2,400 people in connection with protests. The local pro bono group #ForoPenal recorded over 1,580 '#PoliticalPrisoners' who have been arrested since July 29, including 114 children. Prosecutors have charged hundreds with sometimes broadly defined crimes carrying harsh sentences, such as '#incitement to hatred,' '#resistance to #authority,' and 'terrorism.'

"The government has also intensified its broader repressive tactics, cancelling passports of critics to prevent them from leaving the country, encouraging citizens to report on #demonstrators, and conducting abusive #raids, especially in low-income communities. On August 15, Maduro’s supporters in the National Assembly passed a law that grants the government #BroadPowers to control and shut down nongovernmental organizations [#NGOs]."

Read more:
https://www.hrw.org/news/2024/09/04/venezuela-brutal-crackdown-protesters-voters

#SilencingDissent: The #Crackdown on #PeacefulProtest in #Europe

In our recently published Rule of Law report, Liberties’ members reported an increase in restrictions on the right to peaceful protest in all countries.

by Flore du Teilleul
April 10, 2025

Excerpt:
"The right to peaceful protest is essential to our democracies, allowing people to come together with a unified voice to support or oppose key issues. It serves as a powerful mechanism for individuals to hold their governments to account and is often the last resort when prior messages go unheard. However, politicians often perceive this right as a threat, especially when force of numbers demonstrates support for an issue.

"In our recently published Rule of Law report, Liberties’ members reported an increase in restrictions on the right to peaceful protest in all countries - from bans on individual protests to the disproportionate use of force by the police and legislative changes. A widespread trend emerged of restricted #ProPalestine protests and #EnvironmentalDefenders receiving particularly harsh penalties.

Bans on Protests

"Restrictions on various protest movements justified on public safety grounds were documented in many member states. In #Germany, the Berlin Assembly Authorities implemented a temporary blanket ban targeting pro-Palestine demonstrations. Initially, the ban targeted celebrations of the mass murder and pro-Hamas demonstrations but later extended to all pro-Palestinian protests. Similarly, in #Latvia, an unregistered #FreePalestine movement protest was banned after an assessment by the state security service that the event would, among other risks, harm the country’s international interests.

"The Estonian police banned a protest in support of #Palestinians, which was later declared unlawful by the administrative court. In #Hungary, Prime Minister #ViktorOrbán publicly prejudiced support for Palestinians by linking it with terrorism, equating solidarity with civilians victims to threats to the public order. As the fifteen attempts to organise protests were successively banned, the government and the Prime Minister re-asserted their power by deciding what can be demonstrated for, namely, topics in line with their political interests. Following the Covid-19 pandemic and the war in Ukraine, the Hungarian government has repeatedly declared and extended the state of danger, allowing for the adoption of emergency decrees restricting, among other rights, the freedom to assemble. Both the Hungarian Supreme Court and Constitutional Court upheld the protest bans on the basis of public safety and security, legalising the practice of police-authorised restrictions in times of conflict.

"Further restrictions, including bans on #slogans and #signs during #demonstrations, sought to criminalise protesters. Several individuals were arrested or fined for displaying signs or slogans related to Palestine. In #Belgium, activists faced administrative sanctions for carrying a #PalestinianFlag or the #keffiyeh. Similarly, in the #Netherlands, attendees of an #ExtinctionRebellion demonstration were prohibited from mentioning the conflict in the Middle East. The enforcement of restrictions went as far as arrests, as Croatian activists were charged with misdemeanor after projecting a message in support of Palestine on a building across from the Israeli Embassy in Zagreb.

"In Hungary, a demonstrator faced criminal charges after wearing a gas mask and removing it after being asked by the police. In a worrying trend of criminalising protest activities, several activists were arrested and charged with sedition before an Extinction Rebellion demonstration in the Netherlands.

Disproportionate use of force by the police

"The criminalisation of environmental and pro-Palestine protesters was worsened by the violent repression of the police through excessive use of force. This was particularly notable in Sweden, where student encampments in support of Palestinians were forcibly displaced and participants were charged with criminal offenses. #PainGrips, water guns and #WaterCannons were used against environmental activists, pro-Palestinian and anti-immigration demonstrators in Germany, the #Netherlands and #Ireland.

"Environmental activists faced similar fates, The NGO ‘#FranceNatureEnvironnement’ reported concerns to the UN Special Rapporteur on Environmental Defenders following the violent repression of protesters during a demonstration against the A69 highway. In #Sweden, a woman was dismissed from her job at the Swedish Energy Agency for participating in an environmental demonstration and a growing number of #EcoActivists were fined for participating in peaceful protests."

Read more:
https://www.liberties.eu/en/stories/rule-of-law-2025-protests/45384

Is #Trump planning to declare #MartialLaw on April 20? The frightening claim, explored

Story by Charlotte Simmons, March 14, 2025

"First, the essentials. Martial law is the term for when civilian government and legal processes (such as mayoral jurisdiction and police officers, respectively) are overtaken by state military, so as to make demands on behalf of the nation’s leader, and then enforce those demands with their wealth of resources. Typically, martial law is invoked in dangerous situations, such as natural disasters or major #CivilUnrest.

"This is different from the United States’ #InsurrectionAct, wherein those civilian enterprises are not replaced by military personnel and resources, but supplemented by them. More importantly, the official nature of the Insurrection Act allows the #POTUS to deploy the military domestically during emergencies, as the #PosseComitatus Act of 1878 prohibits the use of the military against American civilians. In short, the Insurrection Act can waive the rules of the Posse Comitatus Act to create a sort of #MiniMartialLaw. Remember this.

"Recently, fears have been rising over whether or not the United States could enter martial law on April 20 under Donald Trump. But why then? What is it about April 20 that holds significance? When Trump first took office back on January 20, he signed an executive order declaring a state of emergency at the United States’ southern border, requiring the secretaries of Defense and Homeland Security to submit a report about what the 'situation' is at said border, together with recommended actions for 'resolving' said 'situation.' This report needed to be submitted within 90 days.

"When this order was signed, Trump also declared that 'A #NationalEmergency exists at the southern border of the United States…I hereby declare that this national emergency requires use of the Armed Forces…' This, directly references the potential execution of the Insurrection Act.

"The Secretary of Defense? #PeteHegseth. The Secretary of #HomelandSecurity? #KristiNoem. Two of Donald Trump’s most prominent yes-men. And guess how many days January 20 and April 20 are apart? Ninety.

"So, essentially, on April 20, there’s a not-insignificant chance that those two aforementioned Trump yes-men are going to tell Trump whether or not he should deploy the military in the southern United States so as to crack down on immigration. Except, as we saw with the case of #MahmoudKhalil — a recent #ColumbiaUniversity graduate who played a major role in that student body’s recent #ProPalestinain campus occupations — it doesn’t matter if you have a green card or if you haven’t committed any crimes; under this presidency, #ICE will illegally detain you if they think you’re troublesome to the vision of #TrumpsAmerica. They’re trying to deport Khalil for speaking out against #genocide as we speak. This is a direct, wholly #unconstitutional attack on #FreeSpeech.

"And here’s why that distinction between the Insurrection Act and martial law was so important earlier. On April 20, Trump will constitutionally — through the Insurrection Act — be allowed to deploy the military against #AmericanCivilians, and his government has already demonstrated that legal American civilians who have not committed any crimes are at risk for detention and deportation. It’s not technically martial law, but this #Trumpian cocktail is just as bad, if not worse.

"#Khalil’s detention — again, occurring in response to his speaking out against the #genocide of #Palestinian people — was made on the grounds of Trump’s executive order prohibiting #AntiSemitism. How long before more executive orders (none of them made in good faith, let’s be clear on that) just so happen to limit more ways of speaking, acting, and thinking? A scary thought, and a horrifyingly pertinent one."

https://www.msn.com/en-us/news/world/is-trump-planning-to-declare-martial-law-on-april-20-the-frightening-claim-explored/ar-AA1AUIqy
#USPol #Authoritarianism #Fascism #Crackdown #CriminalizingDissent #NDAA #ExpandedPowers
#USPresidency #NationalEmergency #Terrorists #Activists #USPol #BorderEmergency #Gitmo #IllegalDetention #IndefiniteDetentionClause #IndefiniteDetention