GN Saibaba, a former English professor at Delhi University, was arrested in 2014 and accused of links to banned Maoist groups, according to media reports.

He was sentenced to life imprisonment three years later for multiple offences under the country’s Unlawful Activities Prevention Act.

‘Shameful’ detention

“GN Saibaba is a long-standing defender of the rights of minorities in India, including the Dalit and Adivasi people,” said Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders.

“His continued detention is shameful. It bears all the hallmarks of a State seeking to silence a critical voice,” she added.

UN human rights experts have repeatedly raised grave concerns about the prosecution of Mr. Saibaba, who has suffered from a spinal disorder and polio since childhood and uses a wheelchair. 

His detention was declared arbitrary by the UN Working Group on Arbitrary Detention in an opinion issued in 2021.

Detention and health concerns 

Ms. Lawlor noted that apart from two short periods of being granted bail, he has been held in Nagpur Central Jail since his initial arrest and detention. She said his condition in prison is a matter of serious concern.

“Mr. Saibaba has been detained in a high security ‘anda barracks’ in conditions incompatible with his status as a wheelchair user,” she said. “His 8×10 feet cell has no window and one wall made of iron bars, exposing him to extreme weather, especially in the scorching summer heat.”

The rights expert also expressed concern for his health, which has severely deteriorated in detention, and advocated for his release.

“States have an obligation to uphold the right to health of prisoners and detainees and ensure their dignity as human beings. Prison authorities must ensure that prisoners with disabilities are not discriminated against, including by ensuring accessibility and providing reasonable accommodation,” said Ms. Lawlor.

About UN Rapporteurs

Special Rapporteurs are appointed by the UN Human Rights Council to monitor and report on specific country situations or thematic issues.

They serve in their individual capacity and are independent of any Government or organization. 

These experts are not UN staff and they are not paid for their work. 

A new publication from the UN Assistance Mission in Afghanistan (UNAMA) presents “credible” reports that between 15 August 2021 and 30 June 2023, the country’s de facto authorities were responsible for 218 extrajudicial killings, 14 enforced disappearances, over 144 instances of torture and ill treatment, and 424 arbitrary arrests and detentions. 

‘Betrayal of trust’

UN human rights chief Volker Türk said that the targeting of former officials despite the announcement by the Taliban when it returned to power of a “general amnesty” for former government officials and members of the Afghan National Defense and Security Forces, is a “betrayal of the people’s trust”. 

He urged the de facto authorities to prevent further abuses and hold perpetrators to account. 

The report points out that officials from the previous democratically elected administration are entitled to the same human rights protections as all Afghans and that Afghanistan remains a party to international human rights treaties banning the violations described.

First-hand accounts of torture

In interviews, individuals recounted beatings with pipes, cables, verbal threats and abuse at the hands of de facto security force members. 

UNAMA also heard from family members whose relatives had been arrested or gone missing, their bodies found days or even months later.  

‘Whereabouts unknown’

In some instances, missing individuals have never been found. This was the case of the former Head of the Herat Women’s Prison, Alia Azizi, who never returned home from work on 2 October 2021. 

As of 22 August 2023, her whereabouts remain unknown, UNAMA said, even though Taliban authorities reportedly “initiated an investigation” into her disappearance. 

Impunity prevails

According to UNAMA, efforts by the de facto authorities to investigate and hold perpetrators accountable for the incidents described in the report have been “extremely limited”. 

Investigations were announced in a handful of cases, but even then, UNAMA says, “progress lacks transparency and accountability; impunity prevails”.

No guidance on amnesty

The report calls on the Taliban to clarify the terms of the general amnesty and ensure that it is upheld.

UNAMA noted that to date, the de facto authorities have not publicly released any written text or guidance setting out the scope of the amnesty, which was only announced in public comments made by their leadership.

UNAMA Head Roza Otunbayeva said that the de facto authorities must demonstrate a “genuine commitment” to the general amnesty, which is a crucial step in ensuring “real prospects” for justice, reconciliation and peace in the country.

That’s the message from the group of eight experts, including Ashwini K.P., the Special Rapporteur on contemporary forms of racism, who urged Greece on Wednesday to investigate alleged violations against asylum-seekers.

They said that they were “particularly concerned” by the failure of the country’s security personnel and coast guard to provide “prompt and effective” assistance to migrants in distress and ensure safe disembarkation and adequate reception.

 Rounded up

Earlier this month, the independent experts requested detailed information from the Greek Government on a case involving 12 asylum seekers from Somalia, Eritrea and Ethiopia, including a six-month-old infant, who had reached Greek territory only to be rounded up by masked men, stripped of their belongings and forcibly taken to the port of Mytilene in Lesbos on 11 April.

“The violence, which was captured on video – verified, and reported by the media – exposed the racist exclusion and cruelty of Europe’s border protection practices,” the experts declared.

“The past 12 months have been among the deadliest for asylum seekers, refugees and migrants of African descent and others on their journeys, particularly along sea and land routes in the Middle East and North Africa region, and in perilous Sahara and Mediterranean crossings,” they noted.

‘Deliberate and coordinated policy’

“While the investigation is ongoing, there is growing evidence of a deliberate and coordinated policy of forcible return and other dehumanising border control practices by Greece “going far beyond deterrence and in contravention of its international obligations”.

“The role of racism and systemic racism in the treatment of asylum-seekers must be confronted within any meaningful review of these practices,” the experts said.

States have obligations under international human rights and refugee law to address the dangers and risks faced by migrants, refugees and asylum seekers in host and transit countries.

A lack of regular migration pathways, coupled with restrictive migration policies, xenophobic rhetoric and many other push factors, operate to aggravate dangers and risks rather than mitigate them, the experts added.

Collective expulsions

They found the alleged unlawful, arbitrary, and collective expulsion of the asylum-seekers to be of particular concern, as it directly contravenes due process and the protections provided by the 1951 Refugee Convention and the European Convention on Human Rights.

The said it was important not only to safeguard the lives of persons of African descent on the move, “but to ensure that their human rights, security and dignity are also preserved with special protection measures for those – including women and children – who are at most risk,” the experts said.

Special Rapporteurs and experts who serve on Working Groups are not UN staff and are independent from any government or organisation. They serve in their individual capacity and receive no salary for their work.