The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of the United States of America on 30 September 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this timeframe. If a reply is received it will be posted on the UN Special Procedures communications database.
On 23 September 2024, John Mark Rozendaal was again arrested during a sit-in protest at the Citibank headquarters in New York and a new case was brought against him, only for this to be subsequently adjourned for six months.
This is a shorter version of the original communication.
BACKGROUND
Topic: the arrest of climate activists John Mark Rozendaal and Alec Connon in the State of New York.
Mr. Alec Connon is a climate change activist and Director of Stop the Money Pipeline, a coalition of non-governmental organisations formed in 2020 to advocate for an end to the financing of fossil fuel extraction and deforestation, and highlight the need for responsible financial investments.
Mr. John Mark Rozendaal is a musician and climate change activist.
ALLEGATIONS
Since 10 July 2024, a series of non-violent protests have been organised under the banner “Summer of Heat” to call for an end to the financing of the fossil fuel industry, an increase in financing for renewable energy, respect for human rights by investors and financial contributions towards climate reparations. These protests have included blockades targeting the headquarters of Citibank in New York.
On 18 July 2024, Mr. Rozendaal and Mr. Connon participated in such a protest, which also concerned alleged financial links between Citibank and mass human rights violations committed by Israel against Palestinians. Both Mr. Rozendaal and Mr. Connon participated in the protest by sitting in front of one of the doors to Citibank, locking and linking their arms through a pvc tube, and chanting along with other protestors while a banner reading “Stop Funding Fossil Fuels” was unfurled. While sitting with their arms linked through the pipe, a member of Citibank’s security staff stepped past Mr. Rozendaal and Mr. Connon, after which he accused the human rights defenders of assault, and told them he would be pressing charges against them. The protest then continued until Mr. Rozendaal, Mr. Connon and between 10 to 12 other protestors who had linked their arms through the pvc pipes were arrested and loaded into a police van, at which point the security guard who had accused Mr. Rozendaal and Mr. Connon of assault appeared, accompanied by a member of the New York Police Department, and pointed them out.
All of those arrested were initially taken to a local police station. Mr. Rozendaal and Mr. Connon, however, were subsequently taken from the station to a central booking location, where they were held for approximately 10 hours before being presented before a judge and charged with misdemeanour assault under section 120 of the New York Penal Code, carrying a possible sentence of up to one year in prison. They were also informed by the judge of an order of protection issued in favour of the Citibank security guard accusing them of assault. This order compelled Mr. Rozendaal and Mr. Connon to stay away from the security guard, his home, school, business and place of employment until mid-July 2025, without specifying any of the addresses of any of the related locations.
On 8 August 2024, Mr. Rozendaal and Mr. Connon participated in a further peaceful protest at the Citibank headquarters in New York City, again calling on the bank to divest from investments in the fossil fuel industry. During the protest, Mr. Rozendaal was to play excerpts from Bach’s ‘Suites for Cello’ in a public park in front of the Citibank building, while Mr. Connon sheltered him with an umbrella. As Mr. Rozendaal began to play, police present in very large number arrested Mr. Rozendaal and Mr. Connon, along with a small group of other protestors who had formed a circle around them. They were taken to a local police station, from where Mr. Rozendaal and Mr. Connon were taken to a central booking location and held overnight. The human rights defenders were released at approximately 9 a.m. the following morning, 24 hours after their arrest, having been presented before a judge and charged with criminal contempt under article 215 of the New York Penal Code, carrying up to seven years in prison.
On 6 September 2024, Mr. Rozendaal and Mr. Connon appeared in court, however, the case was postponed to 10 September 2024. On 10 September, the assault charges against Mr. Rozendaal and Mr. Connon were dropped following the plaintiff’s failure to submit a deposition. The contempt of court charges were resolved by the human rights defenders pleading guilty to a ‘disorderly conduct’ violation for Mr. Rozendaal’s playing of the cello and Mr. Connon’s sheltering him with an umbrella. They were given a three-month order of protection. which allows them to return to Citibank headquarters.
CONCERNS
In the communication, we express our concerns regarding the above-outlined allegations, in particular as to the factual basis for the charge of assault initially brought against Mr. Rozendaal and Mr. Connon, and the subsequent charge of criminal contempt, which we fear to be without foundation and to amount to the sanctioning of their engagement in peaceful protests concerning climate change and human rights.
