Brazilian legislators challenge unlawful state censorship at international body

Brazilian lawmakers and freedom of speech advocates
  • Senator Eduardo Girao & Members of the Chamber of Deputies Marcel Van Hattem, Adriana Ventura, Gilson Marques & Ricardo Salles claim violations of their free speech rights following persistent state censorship in Brazil, including 39-day ban on X (Twitter) ahead of elections. 
  • ADF International, representing legislators before the Inter-American Commission on Human Rights, petitions international body to condemn Brazilian censorship and uphold free speech.  
Brazilian lawmakers and freedom of speech advocates

Left to right: Senator Eduardo Girao, Members of the Chamber of Deputies Marcel Van Hattem, Adriana Ventura, Ricardo Salles and Gilson Marques.

WASHINGTON, DC (20 December 2024) In light of the ongoing state-driven censorship crisis in Brazil, five Brazilian legislators, including Senator Eduardo Girao and members of the Chamber of Deputies Marcel Van Hattem, Adriana Ventura, Gilson Marques, and Ricardo Salles, are challenging the violations of their free speech rights before the Inter-American Commission on Human Rights, represented by ADF International.  

The Commission has jurisdiction over Brazil as a State Party to the American Convention on Human Rights. The American Convention robustly protects freedom of speech, including prohibitions on prior restraint (censoring expression before it has occurred) and special protections for political speech. Article 13 protects the “right to freedom of thought and expression” which includes “the freedom to seek, receive, and impart information and ideas of all kinds… through any other medium of one’s choice… The exercise of the right…shall not be subject to prior censorship… [and] may not be restricted by indirect methods or means, such as the abuse of government or private controls … or by any other means tending to impede the communication and circulation of ideas and opinions.” 

The legislators claim violations of their rights under the Convention, including their freedom of expression and the equal protection of the law, as a result of escalating state censorship, dating back to 2019, which recently reached a head with the X (formerly known as “Twitter”) ban.  

In their legal challenge now filed with the Commission, the legislators note that state-sponsored censorship, including the 39-day ban of X, is “disproportionate and of dubious legal basis” and “has affected the conventional rights of the Victims in a direct, particular, and serious way.” 

The petition goes on to say that the country’s X blockade “violated the rights of more than twenty million people in Brazil who are users of the platform, having prevented them from accessing the dissemination and reception of information during that time.” 

Julio Pohl, ADF International’s lead legal counsel on the case, stated: “The world watched as Brazilian authorities blatantly clamped down on the free speech rights of over 20 million Brazilians by shutting down X ahead of the national elections. While the ban was eventually lifted, the fact remains that millions of Brazilians, including the five legislators now taking their case to the Inter-American Commission on Human Rights, were subjected to unlawful censorship during a critical time in their country. Censorship has no place in a free society, and it’s time for the Commission to intervene and condemn the vast and ongoing violations of free speech being perpetrated by Brazilian authorities.” 

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Julio Pohl & Marcel van Hattem

Marcel van Hattem, member of the Chamber of Deputies for Brazil and one of the legislators who filed the petition, commented:  

“What we have seen time and again in Brazil is an egregious silencing of political voices, citizens, journalists, or anyone else who might share different viewpoints from Judge Alexandre de Moraes or others in control. This is a major violation of all Brazilians’ free speech and expression rights. We can’t afford to lose Brazil to authoritarianism, which is why I am taking my case to the international level with the help of ADF International. These attempts to silence and censor cannot be allowed to stand.”  

Eduardo Girao, Senator for Brazil and party to the petition, stated:  

“Brazil is facing a very serious censorship problem. While our constitution protects our rights to speak and express ourselves freely as citizens of Brazil, Brazilians throughout the country are afraid to share their beliefs for fear of persecution and punishment. We must push back against censorship in our country, and it is my hope that the Inter-American Commission on Human Rights will fulfill its obligation to condemn the human rights violations that are taking place in our country.”  

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Julio Pohl & Eduardo Girao

State-sponsored censorship 

Censorship in Brazil has been a persistent and escalating problem in Brazil since 2019. The state has targeted conservative voices, including blocking pro-life messages during the 2022 election campaign, which contained views contrary to the pro-abortion position held by then-candidate Lula da Silva.   

On 30 August 2024, Justice Alexandre de Moraes of the Brazilian Supreme Court ordered the “immediate, complete and total suspension of X’s operations” in the country after the platform refused to comply with government orders to shut down accounts which it had singled out for censorship.  The ban was in effect for 39 days. 

ADF International petitioned the Commission to urgently intervene, stating, “The blocking of X in the country is symptomatic of an endemic problem…it has dragged on for more than six years and has caused real damage to Brazilian democracy, producing a chilling effect on the majority of the population who, according to recent surveys, are afraid to express their opinions in public.” 

Elon Musk thanked ADF International for its intervention.  

In September, over 100 global free speech advocates – including former UK Prime Minister Liz Truss, journalist Michael Shellenberger, five US Attorneys General and Senior UK, US, European and Latin American politicians and professors united in an open letter to call for free speech to be restored in Brazil. 

Even with the lifting of the X ban, the state of censorship in Brazil remains severe. 

Left to right: ADF International legal counsel Julio Pohl, Chamber of Deputies member Marcel van Hattem, Senator Eduardo Girao, & ADF International Director of Advocacy for Latin America, Tomás Henríquez

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WIN for religious freedom in Nigeria: Christian mother of 5, Rhoda Jatau, fully acquitted of charges for “blasphemy”

Sean Nelson talks with Rhoda Jatau who faces persecution as a Christian in Nigeria.
  • Following a two-and-a-half-year legal ordeal, judge in Bauchi State, Nigeria acquits Rhoda Jatau of “blasphemy” charges; Rhoda faced up to 5 years in prison if convicted.  
  • Jatau spent 19 months in prison before being released on bail for allegedly sharing a blasphemous video that condemned the lynching of Christian college student Deborah Emmanuel Yakubu.  
  • Jatau is now safe in an undisclosed location; ADF International supported Jatau’s legal defence, leading advocacy efforts for religious freedom and free expression rights in Nigeria.
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BAUCHI STATE, NIGERIA (19 December 2024) Rhoda Jatau, a Christian and mother of 5 in Nigeria, has been fully acquitted of any wrongdoing following a two-and-a-half-year legal ordeal on charges of alleged blasphemy. Jatau was imprisoned in May 2022 on blasphemy charges for allegedly sharing a video on WhatsApp condemning the lynching of Deborah Emmanuel Yakubu, a Nigerian university student who was murdered and set on fire by a mob of her classmates in May 2022 for sharing her Christian faith. 

Jatau was granted bail in December 2023 and remained safely in an undisclosed location while her trial continued. A judge in Bauchi State, Nigeria, announced Jatau’s full acquittal last week.  

“We are thankful to God for Rhoda’s full acquittal and an end to the ordeal she has endured for far too long,” said Sean Nelson, legal counsel for ADF International. “No person should be punished for peaceful expression, and we are grateful that Rhoda Jatau has been fully acquitted. But Rhoda should never have been arrested in the first place. We will continue to seek justice for Christians and other religious minorities in Nigeria who are unjustly imprisoned and plagued by the draconian blasphemy laws.”   

The Nigerian ADF International allied lawyer, serving as lead counsel on Jatau’s case, responded: “After a two-and-a-half-year ordeal, including 19 long months in prison, we are happy that Rhoda finally has been acquitted of any wrongdoing. We thank all who have been praying for Rhoda, and we ask for your continued prayers as Nigerians continue to push back against persecution.”   

Sean Nelson talks with Rhoda Jatau who faces persecution as a Christian in Nigeria.

Pictured: ADF International legal counsel Sean Nelson and Rhoda Jatau

Alleged “blasphemy” 

Jatau, a Christian and mother of five, was imprisoned from May 2022 through December 2023 for allegedly sharing a video on WhatsApp condemning the lynching of Deborah Emmanuel Yakubu, a Nigerian university student who was murdered and set on fire by a mob of her classmates in May 2022 for sharing her Christian faith.  

Jatau was charged under sections 114 (public disturbance) and 210 (religious insult) of the Bauchi State Penal Code, and if convicted, faced 5 years in prison.  

Prior to being granted bail and during her 19-month imprisonment, Jatau was repeatedly denied bail and detained incommunicado, only having intermittent access to legal counsel and family members during court appearances.  

Before granting bail, a judge in Bauchi State, Nigeria, refused to dismiss prosecutors’ case in their trial against Jatau. The decision to continue with the prosecution followed a “no case submission” filed by Jatau’s lawyers after the prosecution had rested based on serious evidentiary issues. Jatau’s lawyers raised significant legal failures in the prosecution’s case, and argued that they had not established the basic elements of their case against Jatau.  

The grant of bail and final acquittal followed international outcry over Jatau’s imprisonment. Highlighting both Jatau and Yakubu’s cases, and in response to appeals from ADF International and other religious freedom advocacy organizations, United Nations experts sent a joint allegation letter to the Nigerian government in October of 2023. The letter emphasized the danger of blasphemy laws as a violation of international human rights and called attention to Jatau’s unjust imprisonment.    

Nigeria’s Persecution of Christians   

The cases of Rhoda Jatau and Deborah Emmanuel Yakubu are but two examples of the widespread violence against religious minorities, including Christians in Northern Nigeria, prevalent in Nigeria today.     

Together with other religious minorities in Nigeria, the persecution of Christians in Nigeria is especially severe. Worldwide, over 5,500 Christians were killed for their faith in 2022. Of those, 90% were Nigerian.      

The criminalisation of blasphemy in Nigeria carries with it dangerous implications for the country as a whole. In a country of more than 200 million, split nearly evenly between Christians and Muslims, blasphemy laws are a significant driver of societal tensions. These laws punish the innocent for expressing their beliefs, silence people from sharing their faith, and perpetuate societal violence. Blasphemy laws throughout Nigeria encourage brutal mob violence and inflict severe harm on minority Muslims, Christian converts, and others.    

ADF International also is supporting the legal defence of Nigerian musician Yahaya Sharif-Aminu, a Sufi Muslim who was sentenced to death by hanging for sharing song lyrics that were deemed “blasphemous” on WhatsApp. With the support of ADF International, Yahaya is appealing his case to the Supreme Court of Nigeria in the hopes of overturning the death penalty blasphemy laws in Nigeria. Yahaya remains in prison awaiting his appeal. Yahaya has been imprisoned for over four and a half years.  

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Religious freedom advocates congratulate Rubio on nomination to lead US State Department, call for greater focus on religious prisoners of conscience

  • 60 leaders and organizations, including ADF International, Jubilee Campaign USA, Global Christian Relief, congratulate Senator Marco Rubio on Secretary of State nomination 
  • Religious freedom advocates ask Rubio to continue his tireless advocacy for the persecuted worldwide, in particular for religious prisoners of conscience, and secure religious freedom as a foreign policy priority.  
  • ADF International supporting legal defence of the persecuted across the globe, including in Nigeria and Egypt.   

WASHINGTON, DC (19 December 2024) ADF International, along with participants of the International Religious Freedom (IRF) Roundtable, an informal coalition of organizations, religious and secular leaders, advocates, and scholars dedicated to the protection of religious freedom, today sent a letter to Senator Marco Rubio to congratulate him on his nomination to Secretary of State and press for him to prioritize advocacy for religious prisoners of conscience.  

In the letter, the religious freedom advocates thank Sen. Rubio for his work to promote religious freedom abroad and secure the release of prisoners of conscience, including those imprisoned for their faith or beliefs. The advocates ask that, if confirmed, Rubio would continue to make support for religious prisoners of conscience a priority in U.S. foreign policy: “If confirmed as Secretary of State, we ask that you use your platform to give an even greater voice to those who languish hidden away behind bars only because of their faith or beliefs. We ask that you use all available tools to ensure that those unjustly imprisoned for their faith around the world are freed. We know that advocacy for the unjustly imprisoned has been a personal priority for you, and we are confident that, through your leadership, it will be a foreign policy priority of the United States.” 

Sean Nelson, legal counsel for ADF International and letter signatory, stated:  

“We congratulate Senator Rubio, a true friend and advocate for the voiceless across the globe, on his nomination for Secretary of State. Across the globe, many are unjustly punished for living out and expressing their faith. If confirmed, we are hopeful that under Senator Rubio’s leadership, there will be renewed pressure on religious freedom violators and justice for the persecuted.”  

ADF International coordinated the organization of the letter. A full list of signatories and text of the letter can be read HERE. ADF International also supported another letter sent today expressing gratitude for Sen. Rubio’s leadership on IRF issues throughout his career. 

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Background 

The letter highlights several critical instances of religious persecution, including the cases of Yahaya Sharif-Aminu (Nigeria) and Abdulbaqi Saeed Abdo and Nour Girgis (Egypt). 

In Nigeria, Yahaya Sharif-Aminu was sentenced to death by hanging in 2020 for sharing allegedly “blasphemous” song lyrics in a closed WhatsApp group. He is currently awaiting appeal at the Nigerian Supreme Court with the legal support of ADF International.  

In Egypt, Nour Girgis and Abdulbaqi Saeed Abdo, both Christian, have been held in pre-trial detention for over two years. They were arrested in 2021 for their involvement with a Facebook page that is dedicated to supporting people who have converted from Islam to Christianity. Authorities arrested the men after discovering their affiliation with the page, spuriously linking their involvement with terrorism activities.    

ADF International is pursuing international action to advocate for their urgent release following a letter from Abdo to his family where he vowed to commence a hunger strike due to the injustice he has endured.  

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Swiss Supreme Court rules parents must facilitate daughter’s gender ‘transition’ under threat of criminal charges in ‘heartbreaking’ decision

  • Backed by ADF International, parents appealed lower court ruling which said they must hand over identity documents of now 17-year-old daughter to enable her legal ‘sex change’
  • Parents separated from daughter for over a year and a half by court order because they objected to her ‘transition’. Case has received worldwide attention
  • Appeal to European Court of Human Rights being considered

Lausanne (7 December 2024) – Switzerland’s highest court has decided parents separated from their daughter for refusing to endorse her gender “transition” must enable their child’s legal “sex change” or face the possibility of criminal charges.

Backed by ADF International, the parents, who are remaining anonymous, had appealed to the Swiss Federal Supreme Court (Schweizerisches Bundesgericht) following two lower courts ruling that they had to hand over their daughter’s identity documents so her legally recorded sex could be changed.

The parents argued that both the Swiss Federal Constitution and international law protected their right to act in their daughter’s best interest by not enabling her legal “sex change”.

But the Supreme Court has now rejected their appeal on the basis that its intervening in the case would violate the principle of the separation of powers.

It issued a decision stating: “The situation complained of cannot therefore be remedied by interpretation. Nor can it be concluded that there is a loophole per se that would have to be filled by the courts.

“It would therefore be up to the federal legislature, if necessary, to amend the system as it currently stands under the Act, from which the Federal Court cannot derogate, since it is not its role to interfere in matters that are the responsibility of the federal legislature. It follows that the complaint must be dismissed.”

A further appeal to the European Court of Human Rights is being considered to protect the parents’ rights to care for their daughter without state interference.

The child’s father reacted to the ruling: “We are heartbroken. We love our daughter and only want what’s best for her. We know this decision is not in her best interest.

“That we could face criminal charges for simply trying to care for our daughter shows how deeply embedded transgender ideology is in Swiss institutions and the real harms it causes.

“We are considering our next steps.”

Dr Felix Böllmann, Director of European Advocacy for ADF International, commented: “At every juncture, these loving parents have sought to act in the best interests of their daughter, as is their right and obligation under international law.

“The court’s decision to dismiss their appeal is an intolerable violation of their rights. It has, in effect, mandated a legal ‘transition’ for the daughter against her parents’ wishes.

“Not only is this an intervention without any evidential basis of psychological benefit, but it also could pave the way for potentially irreversible physical interventions down the line.”

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This is the latest juncture in a case that has already received worldwide attention.

A video of the parents explaining their harrowing story has been viewed over 66 million times and X-owner Elon Musk commented on it saying: “This is insane. This suicidal mind virus is spreading throughout Western Civilization.”

The daughter’s parents were separated from their child by court order over a year and a half ago, after they objected to their child’s so-called gender “transition”.

They were concerned their daughter was being pushed to make hasty and irreversible decisions when she first said she identified as the opposite sex following mental health struggles at the age of 13.

The Cass Review, a landmark independent report in the UK which examined the evidence around “gender affirmative care” in minors, confirmed the parents’ concerns about the risks and harms associated with this model. As does the increasing number of countries rejecting this form of so-called “treatment”—such as the UK and, recently, Chile.

The parents refused “puberty blockers” for their child and told her school to not “socially transition” her, and instead arranged private mental health care.

But the school “socially transitioned” the daughter anyway and liaised with the state child welfare agency, Service de Protection des Mineurs (SPMI) and a transgender-activist organisation.

Eventually, the daughter was separated from her parents and legal authority over her medical care was transferred from the parents to SPMI.

The daughter has lived in a government shelter since April 2023 and the parents’ access to her is regulated by the state.

The parents tried and failed to recover legal authority over their daughter’s medical care through an appeal, and a court order was issued for them to hand over her identity documents to enable a legal “sex change”.

Read more details about the case’s background here.

Federal Supreme Court case details

The parents were appealing a ruling from the Court of Justice, the highest court in the canton of Geneva, that said they must hand over their daughter’s identity documents under the threat of criminal charges.

The Federal Supreme Court cannot amend federal law, which allows gender “self-determination”, but has the power to interpret it in accordance with higher law, such as the country’s constitution and supranational or international law.

The parents’ case in the Federal Court appeal was that, on the basis of Article 11 of the Swiss Federal Constitution, Article 3 of the United Nations Convention on the Rights of the Child and Article 8 of the European Convention on Human Rights (ECHR), they should not be forced to enable their daughter’s legal “sex change”, since it is not in the child’s best interest.

Article 11 of the Swiss Federal Constitution, on the protection of children and young people, says: “Children and young people have the right to the special protection of their integrity and to the encouragement of their development.”

Article 3 of the United Nations Convention on the Rights of the Child says: “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.”

Article 8 of the ECHR guarantees the right to a private life, which includes the right of parents to care for their children and their prior right to decide what is in the best interest of their children.

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STATEMENT: Chilean Senate protects children, takes a stand against dangerous gender ideology

  • Chile joins a growing group of countries taking steps to reject gender ideology as Senate passes critical law prohibiting the use of public funds for “gender transition” for minors.  
  • Law to be confirmed unless challenged by the Constitutional Court in the coming weeks. 

WASHINGTON, DC (3 December 2024) Chile has joined a growing group of countries that are taking steps to reject gender ideology. 

The following statement may be attributed to Tomás Henríquez, Director of Advocacy for Latin America:  

“The Chilean Senate has passed a critical law that prohibits the government from spending any public funds on surgical or hormonal interventions for children under the age of 18 for so-called ‘gender/sex reassignment’.  

The first of its kind in Latin America, this sets a major precedent for the protection of children not just in Chile, but also in all Latin American countries. Chile is to be commended for taking an important step in saying no to the dangers of gender ideology.  

Now, other countries must do the same. Every child is precious just as they are and has the absolute right to be safeguarded from a radical ideology that promotes dangerous drugs and surgeries with devastating consequences.” 

BACKGROUND: 

The Senate vote took place following the release of a report from a Chilean Congressional investigative committee that strongly recommended the immediate suspension of all programs related to the so-called “gender transition” of children. 

The report investigated the PAIG program, or Growing with Pride, a government policy aimed at Chileans that expressed “gender identity” confusion. 

From the report: “The PAIG is implemented in 37 hospitals in the country and the psychosocial pairs have the power to carry out family interventions, within educational spaces, referral to hormone therapies, as well as the power to take legal action against ‘resistant parents’ who oppose the gender transition of their children or seek greater prudence when advancing in the different stages of it.” 

The report revealed that a combined 4,142 children and adolescents have entered or have been treated in the PAIG program, “despite the lack of consensus in the medical-scientific community and the setback in several European countries on applying treatments.” 

The law passed in the Chilean Senate on 20 November 2024. The government had communicated it would study mounting a challenge to the amendment at the Constitutional Court, which may materialize in the coming weeks. 

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40,000+ urge International Olympic Committee: “KEEP WOMEN’S SPORTS FOR WOMEN”

  • IOC receives petition demanding that women not be “forced to compete with men” in future Olympic games
  • Elite athletes speak out about importance of biological sex, as landmark challenge to law banning harmful drugs and surgeries hits US Supreme Court 

WASHINGTON, DC (4th December) – Over 40,000 people from around the world have signed a joint open letter to the International Olympic Committee, imploring them to protect “women’s sports, private spaces, and basic fairness” in light of increasing pressure to include biological males in women’s sporting categories. 

READ THE PETITION IN FULL HERE

The petition, which was hand-delivered to the IOC’s headquarters in Lausanne, Switzerland by ADF International, states: “Men and women are different. Their physical differences give men athletic advantages in sports. Scientific research continues to acknowledge this reality.” 

“However, governments and organizational bodies like the IOC have adopted policies that allow males who identify as female to compete in women’s sports. These policies prioritize feelings over fairness—ideology over truth.” 

“I’m one of so many young women that have lost out on medals and opportunities - simply because I wasn’t a male. What kind of message does that send?

- Riley Gaines, swimmer & campaigner for justice in women's sports

Commenting on the petition, Riley Gaines, who campaigns for justice in women’s sports having been forced to compete against males in swimming, said:

“As a college athlete, my safety and privacy in the locker room was repeatedly jeopardized because of sports bodies which put ideology before women’s rights. I’m one of so many young women that have lost out on medals and opportunities – simply because I wasn’t a male. What kind of message does that send?

“Women have raised concerns repeatedly about safety, privacy and fairness in women’s sports. The IOC is looked upon as a leader on sports policies. It must take heed of this petition, and take a stand for women around the world in protecting our sports – not only for this generation of athletes, but the little girls who one day dream of winning the gold.” 

Lost medals and opportunities

Women have lost more than 890 medals in 29 different sports to males competing in women’s sports categories, according to the report of Reem Alsalem, UN Special Rapporteur on Violence Against Women and Girls, which was highlighted at a recent panel event hosted by ADF International at the UN Headquarters in New York. 

Males have a larger heart, greater lung capacity, greater muscle mass, more red blood cells, and less body fat than females, among other physiological advantages – all of which result in a significant performance advantage in sport. 

Commenting on the petition, British Olympian swimmer and sports commentator Sharron Davies said: 

“Women’s sport should never have been sacrificed on the altar of virtue-signalling gender ideology, against all the peer reviewed science in the first place. 

“I’d very much hoped after the betrayal of women during the GDR era I wouldn’t see the IOC do it again, but here we are. Let’s hope common sense & prioritising fairness & safety for female athletes will return soon. The willful negligence of the boxing during the Paris 2024 Olympics was a particular low point and a total disgrace.” 

Davies lost out on winning Olympic gold in the 1980s due to an East German competitor who had been given an unfair advantage, having been supplied with testosterone as a teenager to improve her performance.  

“Women’s sport should never have been sacrificed on the altar of virtue-signalling gender ideology, against all the peer reviewed science in the first place."

- Sharron Davies, British Olympian and author of "Unfair Play"

Supreme Court to consider biological reality 

The petition was delivered to the IOC days prior to a landmark case being heard at the US Supreme Court regarding a law that bans puberty blockers, cross-sex hormones, and certain surgeries for children.  

The state of Tennessee is defending its law that protects children from harmful, unnecessary, and high-risk medical procedures that alter their bodies to make them look like the opposite sex.   

Systematic reviews around the world have exposed the harmful risks of puberty blockers to children’s health. Several European countries and American states have banned puberty blockers and cross-sex hormones for children. 

“Gender ideology has countless victims, including children who, incapable of consenting to the harm, take toxic puberty blockers which can cause irreversible damage to their bodies – to young girls and women who suffer the consequences of the lie that men can become women.  

“Nobody is born in the wrong body – such a message is dangerous and abusive. Men and women are different and unique. We should celebrate our complementary strengths – not diminish them at the expense of the safety, privacy, and dignity of all involved,” said Elyssa Koren, Director of Legal Communications for ADF International. 

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Pictured:

Elyssa Koren, Director of Legal Communications for ADF International

Selina Soule, taking legal action after being forced to compete against male athletes, with support from ADF

Sharron Davies, British Olympian and author of “Unfair Play”

Felix Böllmann, legal counsel for ADF International, delivering petition to IOC HQ in Lausanne

United Nations experts call for immediate release of Yahaya Sharif-Aminu, denounce blatant human rights violations in Nigeria

Nigerian prisoner Yahaya Sharif-Aminu
  • Experts with the United Nations Working Group on Arbitrary Detention call for the immediate and unconditional release of Nigerian Yahaya Sharif-Aminu. 
  • Sharif-Aminu currently remains in prison while awaiting Supreme Court appeal following death sentence for sharing allegedly “blasphemous” song lyrics on WhatsApp; ADF International is supporting his appeal to the Supreme Court of Nigeria. 
Nigerian prisoner Yahaya Sharif-Aminu

GENEVA (3 DECEMBER 2024) The United Nations Working Group on Arbitrary Detention (WGAD) has called for the immediate release and reparations for Nigerian Yahaya Sharif-Aminu in a just-published opinion. Sharif-Aminu was sentenced to death by hanging in 2020 for sharing allegedly “blasphemous” song lyrics in a closed WhatsApp group. He is currently awaiting appeal at the Nigerian Supreme Court with the legal support of ADF International. 

In their opinion, the WGAD finds that Nigerian authorities deprived Sharif-Aminu of various fundamental human rights in international law, including freedom of religion or belief and freedom of expression, and urges Nigerian authorities to “take the steps necessary to remedy the situation” without delay. The WGAD also urges the government of Nigeria to “ensure a full and independent investigation into the circumstances surrounding the arbitrary detention of Mr. Sharif-Aminu and to take appropriate measures against those responsible for the violation of his rights.” The full opinion can be read here. 

“We are grateful to the members of the WGAD for speaking out on Yahaya’s behalf and for their denouncement of the blatant human rights violations he has been enduring,” said Sean Nelson, legal counsel for ADF International. “It is past time for Nigerian officials to heed the advice of human rights advocates across the globe, release Yahaya and abolish the blasphemy laws that have plagued religious minorities in Nigeria for far too long. No person should be punished, prosecuted, or threatened with death for their peaceful expression and their faith. We pray for Yahaya’s unconditional release and for all people worldwide to continue to raise their voices on his behalf.” 

Kola Alapinni, international human rights lawyer and lead attorney on Sharif-Aminu’s case, said: “The WGAD has reviewed the full facts of the unjust charges against Yahaya Sharif-Aminu, and have come to a clear and decisive statement that his rights have been violated grievously. I thank them for their call for his immediate release. Officials in Nigeria should listen—Yahaya’s ongoing detention is indefensible.” 

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A video from ADF International features testimonies from Yahaya’s mother, father, and uncle, who recount the traumatic experiences endured by Yahaya and their family.

Death sentence for “blasphemy”   

In 2020, Sufi Muslim Yahaya Sharif-Aminu was sentenced to death by hanging for “blasphemy”. His alleged crime involved sending song lyrics on WhatsApp that were deemed blasphemous toward the prophet Mohammed.    

With support from human rights legal advocacy group ADF International, Sharif-Aminu has appealed his case to the Supreme Court of Nigeria and is challenging the constitutionality of Sharia-based blasphemy laws. He remains in prison awaiting the Supreme Court appeal. His case is far from an isolated incident. Together with minority Muslims, the persecution of Christians in Nigeria is especially severe. In 2022, approximately 90% of all Christians worldwide that were killed for their faith were in Nigeria.   

International pressure has been mounting to free Yahaya and end blasphemy laws. Last year, the European Parliament overwhelmingly called for the immediate release of Sharif-Aminu, and a group of 209 international and Nigerian human rights advocates wrote to then-Nigerian President Muhammadu Buhari, calling for Sharif-Aminu’s immediate release. 

In addition, in May of this year, United Nations experts called for Sharif-Aminu’s immediate and unconditional release.  

Sharif-Aminu’s potentially landmark Supreme Court appeal could end blasphemy laws in his home state of Kano and across northern Nigeria. A positive decision could lead the way toward abolishing blasphemy laws around the world.  

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WIN: Brazilian Supreme Court unanimously rejects attempt to ban religious symbols from public buildings

  • Win for religious freedom as country’s highest court rejected attempt to ban religious symbols such as crucifixes from public spaces on the basis of “hurt emotions”  

  • ADF International submitted a “friend of the court” legal brief which was cited in the court’s reasoning

Brasília (28 November 2024) – The Brazilian Supreme Court (STF) this week unanimously voted to allow religious symbols in public spaces, in line with a legal brief filed by ADF International.

All 11 justices of the country’s highest court affirmed that displaying symbols such as crucifixes and images in public spaces does not conflict with the secular nature of the Brazilian state.

The plaintiff in the case had argued that removal of the symbols was necessary to protect religious freedom and that the symbols can cause emotional hurt.

A legal brief, known as an amicus brief, submitted by faith-based legal advocacy organisation ADF International, was considered by the court and directly cited as part of the concurring opinions.

Justice Alexandre de Moraes wrote: “It is also worth noting the lengthy statement submitted by ADF INTERNATIONAL… in which it demonstrates the real direction of the international courts’ statements on the matter, exactly along the lines proposed by the Honorable Rapporteur, that symbols in public spaces are allowed, as long as they do not go beyond the manifestation of the country’s history, culture and tradition.

“By the way, it is important to emphasize the correctness of the thesis of the judgment insofar as it associates the display of such symbols with the ‘objective of manifesting the cultural tradition of Brazilian society’.”

Tomás Henríquez, Director of Advocacy for Latin America & the Caribbean for ADF International, reacted to the decision: “This ruling is a resounding victory for religious freedom in Brazil. ‘Hurt emotions’ are no justification for banning religious symbols.

“We welcome this decision and commend the court for so clearly upholding religious freedom.”

In its expert legal brief, ADF International argued that any principle of “state neutrality” should not amount to hostility towards Christianity. Additionally, it demonstrated the relevance of the social, cultural, and historical context of Christianity in Brazil.

Finally, it reasoned that the law does not protect the “hurt emotions” the plaintiff alleged he experienced due to the presence of religious symbols in public places.

The decision has similarities to a case decided by the Grand Chamber of the European Court of Human Rights in 2011. In Lautsi v. Italy, the Grand Chamber ruled that Italy was within its rights under the Convention to allow the display of crosses in classrooms.

In that case, ADF International was given permission to provide legal expertise, submitting arguments on behalf of 33 Members of the European Parliament, representing 11 different nations.

Background

The Brazilian case stemmed from a Brazilian citizen who issued a complaint to the Federal Public Ministry (FPM), Brazil’s Public Prosecutor’s Office, alleging he suffered “hurt emotions” due to the presence of religious symbols in public buildings.

The FPM filed a civil action against the Brazilian Federal Union, requesting that all religious symbols be removed from Federal and State of São Paulo buildings.

The FPM argued it was seeking to promote and protect the religious freedom of all citizens who entered public offices across Brazil and that displaying religious symbols and images in public spaces violated the principle of non-discrimination.

The lawsuit was dismissed by both the trial and appeals court. The FPM filed an extraordinary appeal before the appellate court, which was not admitted.

The FPM then filed an extraordinary appeal before the STF, resulting in the latest ruling that upholds religious freedom. This decision binds all state and federal public entities in Brazil.

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PICTURED: Tomás Henríquez, ADF International’s Director of Advocacy for Latin America & the Caribbean

International body to rule on case of Canadian man who spent time in prison for holding sign outside abortion facility almost 30 years ago

  • Jim Demers was criminally convicted and spent almost two months in prison in 1996-97 for holding a sign quoting the American Convention on Human Rights: “Every person has the right to have his life respected” 
  • With no recourse left in Canada, Demers filed for redress with the Inter-American Commission on Human Rights in 2004 and has waited twenty years for justice.  
  • ADF International now representing Demers after 20-year wait: “As we grapple with the spread of censorship across the globe, this case presents an opportunity for a key human rights watchdog to reassert the very rights they were established to defend” 

WASHINGTON, DC (21 November 2024) Jim Demers, a lifelong resident of British Columbia, Canada, was criminally convicted and spent almost two months in prison in 1996-97 for standing silently on a public sidewalk outside of an abortion facility. He held a sign quoting Article Four of the American Convention on Human Rights: “Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception.”  

Demers was standing in a censorship zone around the facility, which bans expression critical of abortion. 

Demers was criminally convicted for his peaceful expression, for which he was given a suspended sentence of two years, subject to the condition of not returning to the public area surrounding the abortion facility. 

After failing to obtain redress from the Canadian Supreme Court, Demers took his case to the Inter-American Commission on Human Rights in 2004. The Commission admitted his case in 2006, but almost 20 years later, has yet to rule.  In the face of this egregious failure to deliver timely justice, ADF International assumed representation of Demers.  

“I hope I’m never silent when bad things are happening, and I hope nobody else is silent either when bad things are happening. I have dedicated my life to speaking out in defense of the unborn, and because of this, I was criminally convicted and even spent time in jail,” said Demers.  

“I have waited for almost 20 years for the Inter-American Commission on Human Rights to rule on my unjust conviction over the exercise of my freedom, and that of all people, to stand up, speak truth, and defend those that cannot defend themselves. I am grateful to ADF International for its efforts to bring this ordeal to an end. I will continue to advocate for the right to life of every person and look forward to the day when I can speak up without fear of criminal prosecution and punishment in Canada.”  

“All human rights are in peril when the fundamental right to free speech is ignored,” stated Tomás Henríquez, lead lawyer on this case for ADF International. “For peacefully expressing his pro-life views on a sidewalk outside of an abortion facility, Jim Demers was convicted as a criminal and forced to spend time behind bars with serious felons. Even if you disagree with Jim’s beliefs, everyone should defend his right to voice them without fear of criminal prosecution and imprisonment. Now is the time for the Inter-American Commission to exercise its authority to deliver justice for Jim.” 

“All human rights are in peril when the fundamental right to free speech is ignored.” 

Demers stood outside of an abortion facility in Vancouver, British Columbia before Christmas of 1996, holding a sign quoting Article Four of the American Convention on Human Rights. The Access to Abortion Services Act of British Columbia, in force to this day, establishes so-called “bubble zones” around abortion facilities, creating a censorship zone that bans free expression. Notably, the law imposes viewpoint discrimination, as it only penalizes expressions that are critical of abortion, but not others.  

Demers stood silently on the sidewalk outside of the main entrance, never engaging verbally or otherwise with any member of the public or of the abortion facility, or impeding entrance to the facility in any way.  

For this peaceful expression, Demers was arrested, placed in jail pending trial for seven weeks, alongside violent criminals, and was ultimately convicted on criminal charges. 

Demers filed a petition against Canada in 2004 with the Inter-American Commission on Human Rights. The Commission agreed to rule on the merits of his case in 2006 as to whether it was lawful to use criminal sanctions against Demers for his peaceful expression. Almost twenty years later, the Commission has yet to decide his case, in what is perhaps the most egregious case of alleged backlog at any international human rights body.   

“ADF International is proud to stand with Jim as he seeks justice in his case at the Inter-American Commission on Human Rights. The Commission has slept on Jim’s case for almost 20 years. We call on the Commission to rule decisively that these actions by Canadian authorities violated Jim’s fundamental right to freedom of speech,” Henríquez continued.  

“Both international law and the Canadian Charter of Rights and Freedoms guarantee the fundamental right to freedom of expression. As we grapple with the spread of censorship across the globe, this case presents an opportunity for our human rights watchdogs to reassert the very rights they were established to defend.”

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Barbados debates criminal law carrying 7-year prison sentence for online content causing “annoyance” or “emotional distress”

  • “The government aims to intimidate us into forced silence,” concerned citizens appeal to the Inter-American Commission on Human Rights.

  • Cybercrime Bill before Barbados Senate would impose $70,000 BBD (approximately $35,000 US or £27,000) in fines and 7 years in prison for citizens that “publish, broadcast, or transmit data that is offensive” for the purpose of causing “annoyance, inconvenience,” “embarrassment, anxiety” or “substantial emotional distress.” 

ADF International legal counsel Julio Pohl alongside Barbados citizens and presenters at the Inter-American Commission on Human Rights hearing, including Donald Leacock, Shaquani Hunte, Timon Howard, and Ferdinand Nicholls 

WASHINGTON, DC (14 November 2024): A cybercrime bill currently being debated in the Barbados Senate threatens to significantly undermine freedom of speech in the country, so testified concerned citizens during a hearing before the Inter-American Commission on Human Rights in Washington, D.C. on Monday, 11 November.  

The proposed law would make it a crime to “publish, broadcast, or transmit data that is offensive” or disseminate images or words that are “likely to cause or subject a person to ridicule, contempt, or embarrassment.” The bill lists “causing annoyance, inconvenience, danger, obstruction, embarrassment, insult, injury, humiliation, intimidation, hatred, anxiety or causes substantial emotional distress to that person” as criteria to be found guilty of an offence. 

Citizens convicted of these crimes could be subject to $70,000 BBD (approximately $35,000 US or £27,000) in fines and a 7-year prison sentence.  

Its adoption by the House of Assembly generated national criticism, prompting the bill to be sent to a Joint Select Committee for further review. Rather than improve the bill, the Committee recommended the penalty be increased up to 10 years and $100,000 BBD (approximately $50,000 USD). 

The bill introduces the ambiguous crimes of “malicious communications” and “cyberbullying,” weaponizing the state security apparatus to criminalize peaceful expression in the name of “cybersecurity”. 

At the hearing on the problematic elements in the legislation, Donald Leacock, a citizen of Barbados and social media influencer, stated: “Freedom of expression is blatantly being stripped from us in this draconian cybercrime bill that the government of Barbados is forcing onto the citizens. This is evidenced by the fact that section 20 of the bill seeks to criminalise internet use that is considered to have caused anxiety or emotional distress with potential fines of up to $50,000, prison terms of up to 10 years, or both. Should our citizens be thrown in jail for a decade simply for posting something online that the political elite can claim makes them ‘anxious’ or ’emotionally distressed’?”  

Leacock continued, stating: “The law’s deliberately vague language leaves it open interpretation, and therefore, abuse… the government aims to intimidate us into forced silence. The objections to this bill are evident and widespread.” 

Julio Pohl, legal counsel for ADF International, stated: “Any law that seeks to criminalize online content that is subjectively deemed annoying, embarrassing, or anxiety-inducing is absurd in a free society. Core to the free interchange of ideas is the ability to voice views in the digital marketplace that may offend someone. The sweeping criminalization of online expression will engender large-scale free speech violations for Barbados.” 

“While the Barbados government should protect its citizens from real issues online such as hacking and incitement to violence, it should not be wielding the state’s authority to police security online to restrict free speech in order to spare people from ‘annoyance’. Article 19 and 20 of the Cybercrime Bill violate the basic human right to freedom of speech, enshrined in international law and the Constitution of Barbados,” added Pohl. 

ADF International is conducting international advocacy, including at the Inter-American Commission on Human Rights to oppose the adoption of the censorial bill.  

The bill has passed through the House of Assembly and is under consideration in the Senate. It defines criminal conduct in vague, broad, and indeterminate terms, making it a crime to “publish, broadcast, or transmit data” that is subjectively deemed offensive. Such an ambiguous definition of criminal conduct violates international human rights protections for free speech, including the American Convention on Human Rights. 

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