4. CHILLING EFFECT ON LGBTI RIGHTS DEFENDERS
“Until 7 August, 2020, I had a lot of trust and faith in the state and that it would protect us. I wanted to work for such state. Because of what I saw and experienced myself during Rainbow Night, I have to say that I have lost that faith and willingness.” “Artur”353
The rights of human rights defenders and the obligation of states to ensure they can carry out their work in a safe and enabling environment are set out in international human rights law.354 However, in Poland, human rights defenders have seen essential protections eroded and the criminal justice system used to hinder their work. LGBTI rights defenders have been subjected to harassment through the misuse of the justice system, the financial burden of the legal proceedings, and other sanctions and physical or verbal attacks, which have had a chilling effect on their work and a negative impact on their health and well-being. In conversations with Amnesty International, LGBTI rights defenders have emphasized that they are facing unprecedented risks and relentless harassment, including through unfounded judicial proceedings.355 Amnesty International recognizes the need to investigate further the various forms in which LGBTI activists are targeted and harassed through the misuse of the justice system, which bear clear hallmarks of abusive Interview by video call with “Artur” (asked for anonymity), 28 June 2022. UN Declaration on human rights defenders of 1998 (A/RES/53/144), Helsinki Final Act of 1975, Document of the Copenhagen Meeting on the Human Dimension of the CSCE of 1990, EU Guidelines on Human Rights Defenders of 2008, OSCE Guidelines on the Protection of Human Rights Defenders of 2014, to name few. 355 Strategic Lawsuit(s) Against Public Participation. 353 354
“THEY TREATED US LIKE CRIMINALS” FROM SHRINKING SPACE TO HARASSMENT OF LGBTI ACTIVISTS Amnesty International
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