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.”

Ugandan women’s rights activist Dr. Stella Nyanzi’s conviction was overturned on the basis of violations identified by a TrialWatch report submitted to a Ugandan appeals court.

Dr. Nyanzi was prosecuted for posting a poem critical of the Ugandan President on Facebook in a trial which TrialWatch monitored and graded a “D”.

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.

Journalist and opposition figure Omoyele Sowore, who was detained and charged with conspiracy to commit treason after calling for a peaceful political revolution, was freed and awarded damages in Nigeria after TrialWatch monitored his trial and published a report on his case.

The report found the authorities offered shifting justifications for pursuing the case and that the charges appeared to have been brought against Mr. Sowore because the protests he sought to organize were “at odds with the Buhari government’s agenda.”

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.

A vocal critic of Rwanda’s ruling party, Paul Rusesabagina, was convicted of terrorism-related activities for his alleged role in attacks perpetrated by the National Liberation Front (FLN) following a sham trial.

In March 2023, two and a half years after he was arrested in Rwanda, Rusesabagina’s 25-year prison sentence was commuted and he was freed. Our monitoring and reporting were key to the UN Working Group on Arbitrary Detention’s finding that Rusesabagina was being arbitrarily detained. Our findings were also used in pivotal calls for his release by both the EU and the US authorities.

The most recent of the three TrialWatch reports produced on the trial of Rusesabagina described it as “seriously flawed” and as having “violated international and regional standards for fair trial procedures”. TrialWatch Expert Geoffrey Robertson KC said that the court “accepted and promoted the government’s case … without question or challenge.”

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.

Paola Ugaz is an investigative journalist in Peru who has written about corruption, drug trafficking, and terrorism and, most recently, allegations of paedophilia in a Catholic organization called Sodalicio. People linked to Sodalicio submitted multiple complaints against her, including a criminal defamation complaint filed by the director of a Catholic news website. TrialWatch was not allowed in the courtroom but monitored the case using audio recordings and court documents.

After issuing a report finding that Ms. Ugaz’s trial violated her right to freedom of expression, TrialWatch called for the case against her to be dismissed and in January 2022 she was acquitted.

TrialWatch monitored the trial of Moroccan journalist Hajar Raissouni and released a report exposing her sham trial. She was then freed & pardoned following the international attention drawn to her case. TrialWatch Expert Baroness Helena Kennedy KC – Director of the International Bar Association’s Human Rights Institute – graded the trial a “D” and our findings on the case were picked up by, for example, the New York Times.

Ms. Raissouni – a journalist for one of Morocco’s few independent newspapers – was charged with the ‘crimes’ of abortion and extra-marital sex after reporting criticism of the government & convicted after a sham process in which she was denied access to a lawyer.