TrialWatch^®

After CFJ Co-Founder George Clooney issued highly publicized calls for a boycott of hotels controlled by the Sultan of Brunei to protest new laws that would have allowed gay men to be stoned to death in Brunei, Brunei backed off on enforcement of the law.

CFJ participated in a landmark case before the African Court of Human and Peoples’ Rights to challenge Tanzania’s policy of expelling and banning married and pregnant girls from school.  This policy impacts more than 1 in 4 Tanzanian girls who are either pregnant or married before the age of 18. After the case was initiated the government announced a reversal of this discriminatory policy in a major U-turn that will benefit a quarter of the population of adolescent girls in the country.

In Nigeria, TrialWatch monitored the first case to be tried under the country’s draconian ‘Same Sex Marriage Prevention Act,’ which criminalizes direct or indirect “public show[s] of same sex amorous relationship[s]” with up to ten years imprisonment. While the case, brought against 47 men arrested at a hotel bar, was eventually struck out, TrialWatch reporting exposed its abusive nature.

Several defendants said they were mistreated in custody, and others were forcibly ‘outed’ by being paraded in public by the authorities. And despite being given numerous opportunities by the court, the prosecution produced no relevant evidence. Even though the case was ultimately dismissed, the defendants suffered serious consequences, including loss of their jobs, estrangement from their families, stigmatization, physical violence, and legal fees.

In Russia, TrialWatch published a preliminary report on the case against LGBTQ+ activist Yulia Tsvetkova, after which she was acquitted. Ms. Tsvetkova, a 26-year-old women’s and LGBTQ+ rights activist from Siberia, was charged with pornography for posting artistic images of female genitalia as part of a body-positive women’s empowerment campaign and faced up to six years in prison.

Our report details how the indictment against her was riddled with indicia of discrimination, suggesting for instance that the images she posted might create “a stereotype of female sexuality as an isolated phenomenon that exists outside of sexual relations with men.”  While the prosecution appealed her acquittal, and the Court of Cassation ultimately ordered her retrial, she was able to safely get out of the country in the meantime.

Evelyn Hernandez was prosecuted for aggravated homicide based on an obstetric emergency she suffered while giving birth. TrialWatch monitored her case, and she was ultimately acquitted. CFJ did not stop there and intervened in support of Salvadorian women more broadly in a landmark case before the Inter-American Court of Human Rights challenging El Salvador’s prosecution of women who have undergone obstetric emergencies.

The Court ordered $200,000 in compensation for the victim’s family, legal reforms to women’s healthcare, for women seeking treatment at hospitals, and training on gender bias for people working in the justice sector to prevent such abuses in the future.

Polish LGBTQ+ rights activists who were prosecuted for depicting the Virgin Mary with a rainbow halo on posters had their acquittal upheld by an appeals court following TrialWatch monitoring and TrialWatch Expert Professor Lisa Davis giving the trial a grade of “D”. One of the activists, Anna Prus, told the Clooney Foundation for Justice they all felt compelled to act in response to a display a church had put up for Easter which included a crucifix surrounded by wooden boxes with different sins written on them, including “LGBT” and “gender.”

In Russia, TrialWatch secured a key decision from the UN on the persecution of Crimean Tatar religious minorities. Server Mustafayev, a 32-year-old Crimean human rights defender, was prosecuted and convicted before a military court for membership in a terrorist organization: the charges were based on his involvement in Hizb ut-Tahrir, an Islamic political group that is banned in Russia but operates legally in Ukraine.

He was sentenced to 14 years in prison, with the TrialWatch Fairness Report finding that his trial was riddled with irregularities and that the authorities improperly applied Russian law to occupied Crimea.

TrialWatch and Gibson Dunn & Crutcher challenged Mustafayev’s conviction before the UN Working Group on Arbitrary Detention, which urged Russia to immediately release Mustafayev.

In Indonesia, TrialWatch reporting helped secure the acquittal of a Catholic woman unfairly targeted by the State. Suzethe Margaret, who had previously been diagnosed with schizophrenia, was charged with blasphemy after she ‘heard voices’ telling her that her husband was getting married at a mosque and, under this delusion, entered the mosque with her shoes on and with her dog—conduct prohibited by Islam.

The report on the case found that the blasphemy law was applied in a discriminatory manner: in particular, the authorities brought charges in the wake of calls from hardline groups that Ms. Margaret be punished and “[d]espite overwhelming evidence that Ms. Margaret’s diagnosed psychosocial disability was the cause of the incident.”

International pressure, including TrialWatch monitoring and reporting, contributed to her acquittal and the upholding of this decision on appeal, meaning that she did not have to serve jail time.

The presence of a monitor in the courtroom during the trial of 33-year-old indigenous land rights advocate Abelino Chub in Guatemala likely contributed to his acquittal after two years in detention, according to Chub’s lawyer. He was charged with aggravated usurpation and arson for allegedly burning trees and fields on a plantation run by a large banana and palm company. TrialWatch monitored the criminal proceedings against Chub in 2019 through its partners, the American Bar Association’s Center for Human Rights, and gave the proceedings an F: TrialWatch’s lowest grade.

The TrialWatch Fairness Report found that “Chub’s unjustified pretrial detention constituted a gross violation of human rights and there are indicia that his prosecution was motivated by improper considerations.”

In Uganda, TrialWatch helped secure the dropping of charges against Nicholas Opiyo, a prominent human rights lawyer. Mr. Opiyo was charged with money laundering – an example of how sometimes the charges brought could be a smokescreen for the true motivation of the trial.

TrialWatch reviewed the charge sheet and issued a statement raising concerns about the lack of detail given about the evidence and charges, calling on the authorities to ensure that any prosecution was well-founded on evidence and not an effort to stifle Mr. Opiyo’s work.

Responding to this pressure, prosecutors dropped the charges.

In Uganda, TrialWatch helped secure the dismissal of charges against 67 people following a raid on an LGBTQ+-friendly bar. From 2019 to 2022, TrialWatch sent monitors to observe the proceedings, and reported on the fact that the process was clearly motivated by homophobia as well as exposing serious fair trial violations in a report.

Among other things, the defendants were denied access to key evidence and subject to undue delays because of prosecutorial misconduct, prolonging the cases so that the defendants (who were on bail) had the charges hanging over them for several years.

Following the release of TrialWatch’s report, courts in three of the cases, covering more than 30 defendants, dismissed the charges on the basis of the prosecution’s conduct.

Askhat Zheksebaev, a 47-year-old opposition activist from Kazakhstan, was convicted and sentenced to five years in prison for peaceful social media posts and private messages in support of an opposition party. His sentence was later commuted to a suspended sentence but he was banned from public activism, had his assets frozen, and was subject to severe restrictions on movement. He subsequently fled to Kyrgyzstan, where he was arrested and detained.

After, TrialWatch published a Fairness Report on Zheksebaev’s trial , giving it a D, and sent a communication to the Kyrgyz government about the potential consequences he might face on returning to Kazakhstan, a Kyrgyz court released him so that he could seek asylum.

Russia’s long-running campaign against 45-year-old human rights lawyer Mikhail Benyash culminated in his March 2023 retrial and conviction for allegedly assaulting the police.

TrialWatch monitored the first trial against Benyash in 2019 as part of its focus on how Russia is stifling dissent.

Our Fairness Report was used by the defense in its successful appeal that resulted in the overturning of Benyash’s conviction. TrialWatch helped ensure that the appeal hearings remained public, despite the court’s initial efforts to close them, by submitting a letter to the court highlighting serious fair trial problems in the first instance proceedings and the need for transparency on appeal.

After Benyash was released from prison, he went on to represent anti-war protesters in Russia who were arrested following Russia’s invasion of Ukraine as well as soldiers who refused to fight in Ukraine.

34-year-old investigative journalist Muhammad Asrul was convicted of cyberdefamation under Indonesia’s notorious Electronic Information and Transactions Law and sentenced to three months in prison for reporting on alleged corruption by the son of a city mayor. Even though the Supreme Court of Indonesia ultimately upheld his conviction, he was not imprisoned, likely because of international pressure, including that of TrialWatch.

In addition to monitoring his trial, TrialWatch submitted an amicus brief urging the Indonesian Supreme Court to overturn the conviction of Asrul based on the press protections he was due under both international and domestic law.

Just days after the TrialWatch report was released on the trial of Dian Abdullah, a 65-year-old blogger who was tried for ‘offensive communication’ for criticizing the government and the monarchy’s management of the COVID-19 pandemic, the prosecution offered to settle the case for a fine.

TrialWatch has since leveraged the monitoring and reporting in Abdullah’s case to file an amicus submission in an affirmative challenge to the law under which she was convicted.

Soon after TrialWatch issued a press statement calling for the release of Shafiqul Kajol, a 52-year-old Bangladeshi photographer and editor of an independent news outlet, he was freed. Kajol is charged under Bangladesh’s draconian cybercrime law, the Digital Security Act, in three separate cases. The cases all relate to a story he shared on his Facebook page alleging a sex scandal involving several high-ranking politicians from the ruling party.

TrialWatch is monitoring ongoing proceedings against Mr. Kajol.

Ahmed Manseri, an Algerian blogger and human rights activist, was acquitted after TrialWatch monitored his trial. Mr. Manseri was charged with criminal defamation after he filed a criminal complaint alleging police abuse. His trial, graded a “D” by TrialWatch, was one of the first cases to be monitored by an international organization in Algeria in years.

The monitor reported “that the treatment of Mr. Manseri’s case differed significantly from the treatment of any other case heard that day” in that the judge took the time to ensure that Mr. Manseri’s rights were respected. And Mr. Manseri’s lawyer told CFJ that he doubted Mr. Manseri would have been allowed to go home but for the presence of the monitor.

A rape survivor from Khayelitsha, who wished to remain anonymous, has been waiting since 2017 for the conviction of her perpetrator.

“We went to court; the perpetrator did not show up. Then the case was postponed, and then they gave us another date, and the other date came, then I went to…the court. Again, he did not show up. After that the detective told me that he is not going to proceed with my case. They are going to appoint someone, some detective for me. Ever since then I have not heard or received anything from them.”

As far as the survivor knows, no arrest warrant was ever issued by the court and the perpetrator remains free.

Varity Bester from Montagu, who wished to be identified, has spent years fighting for justice both in her own assault case against her brother and in her daughter’s rape case against a family friend. She has consistently had to deal with delays and other issues presented by court proceedings. Two years into her daughter’s case, she said, the court told her that her case had been withdrawn and that it had mysteriously disappeared from the court roll, only for it to re-emerge later with a new court date, once again without an explanation.

Lorraine Saman, who wished to be identified, is from Mitchell’s Plain. Her daughter was killed by her ex-boyfriend while at home with her children. Lorraine’s daughter had “reported him to the police but nothing was done about it.” Had the police provided her daughter with the urgent help that she had required of them, including by a restraining order on her ex-boyfriend, “it could’ve turned out differently,” Lorraine said.

Although the alleged perpetrator was identified by a child who witnessed the murder, and despite the fact that blood was found on his shirt, he was released on bail and at the time of the interview was still free.

In 2023, the alleged perpetrator was arrested due to failure his failure to attend court. In early 2024, Lorraine appeared in court in the case against her daughter’s ex-boyfriend. This marked eight years since the case was first heard in court. Since then she has not had any updates from the investigating officer about the case.

A 22-year-old survivor from Mamre, who wished to remain anonymous, had several difficulties when reporting her story to the police. She had been sexually assaulted by the perpetrator but police doubted her narrative. A detective asked her if she had said “no” to her rapist, or even whether she was sure that she did not “want it.” She was able to open a case and receive a case number; however, the detective told her he would visit her perpetrator – who was in prison at the time – to ask him if he knew her.

She later received a message from the detective stating that the perpetrator denied knowing her, and because of the perpetrator’s denials, the detective was “unsure as to how we are going to proceed with the case.” Shortly thereafter, the perpetrator was granted bail. She never again heard from the detective. Only later did she learn from another victim of the same perpetrator that the detective had been re-assigned – “[w]e are however not informed about these changes and we discovered that a captain and other officials are now in charge of the matter.”

Over four years later, the survivor is still waiting for justice. Just as she was about to take the stand, the perpetrator fired his fourth lawyer, further delaying the trial.

Nicky from Atlantis, who wished to be identified, suffered years of abuse at the hands of her partner – who was also the father to her three children. She was reluctant to pursue a case against him because she was reliant on her abusive partner for a place for her and her children to live.

“I had no other refuge and was dependent on him for his house,” Nicky said. Eventually, things got so bad that she had no other option but to seek the order. But an attempted murder and rape case against her partner was thrown out of court because no one kept Nicky up to date on when she needed to appear, or what was happening.

“After this experience, I felt that there was no solution to my problem, because I did not know where to go,” she said.

She did get a protection order in 2018, but no one took the time to explain to her what it meant or what her rights were, and her partner violated the order repeatedly.

“My partner had so many transgressions against me, and when you contact the police, they do not come out immediately… I was always in fear, because he followed me to my place of work, he followed me to our children’s school; it was really a dark period in my life.”

However, Nicky now has a much better understanding of her rights and wants to share her experiences to help others.

“I want to make a difference in someone else’s life so that I can relieve some of their pain, purely out of my experience and witnessing what was done to me. And whatever happens, I truly hope that the crime in Atlantis and gender-based violence will be reduced. This is only possible if the police begins to tackle challenges serious and not treat the victims as if they are the criminals, because we are in need of help.”

A 22-year-old survivor of rape, who wished to remain anonymous, said that she received immediate care after her sexual assault, but was never treated for an infection that was likely a result of the attack.

She also reported that she had to wait one year before she could get treatment from another provider. She also said she had initially been assigned a counselor she knew personally, which made her uncomfortable, and when she was finally assigned a replacement, the new counselor never responds to her.

A survivor from Khayelitsha, who wished to remain anonymous, had an ex-boyfriend beat her so badly he broke her arm. She escaped his house in just her pyjama pants and at 2am walked to the police station topless to report the crime. She was told she needed to go to a clinic. The police did not offer her any clothing to cover herself up with, nor did they offer to drive her the 20 minutes to the clinic. It was a stranger who was at the police station to report a crime who finally offered her his tracksuit top. After that she made her way to the clinic on foot.

Once she arrived at the clinic, she was told she would have to wait until the morning to get an X-ray of her arm. The following morning, after an X-ray confirmed her arm was broken, she was told she had to go to Khayelitsha Hospital for further treatment. The clinic did not have an ambulance. She was told she would have to pay for a taxi to get there. She had no money and had to return home to get the money for the taxi. Once she got to the hospital she was admitted. However, she was never offered any counselling.