Author: Amnesty International

Amnesty International calls on the Malawian authorities to immediately and unconditionally release two men, after a judge on Monday ruled that they will face trial in April on charges of “gross indecency”.

Steven Monjeza and Tiwonge Chimbalanga have been held in Chichiri prison in Blantyre, since being arrested by police on 28 December 2009, two days after holding an engagement ceremony in the southern city’s Chirimba township.  The men have repeatedly been denied bail.

“The trial of these men, purely on the basis of their real or perceived sexual orientation, is a gross violation of their rights to freedom of conscience, expression and privacy,” said Véronique Aubert, Deputy Africa Director at Amnesty International.

The defendants have reportedly been beaten by police while in custody and Tiwonge Chimbalanga was subjected to forcible anal medical examinations, in a bid to establish whether the couple had “consummated” their relationship.  

Imprisoned solely for their private and consensual sexual relationship, Amnesty International declared the men prisoners of conscience on 6 January 2010 and called for their immediate and unconditional release.

Criminalization of homosexuality and gender identity is banned under treaties ratified by Malawi, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights.  

Malawi is legally bound by these treaties to respect and protect freedom of conscience, expression and the right to privacy, without discrimination on the grounds of real or perceived sexual orientation.

Amnesty International has called on the President of Belarus Alyaksandr Lukashenka to establish an immediate moratorium on the use of the death penalty after it was revealed two men were executed at the end of last week.

Andrei Zhuk and Vasily Yuzepchuk were both sentenced to death in 2009 for separate crimes but had been sharing a death row cell in the capital Minsk. Andrei Zhuk’s mother told Amnesty International on Monday she was informed by prison staff that both men had been shot.

“The death penalty is the ultimate cruel and inhuman punishment. It violates the right to life and should be abolished,” said Halya Gowan, director of Amnesty International’s Europe and Central Asia programme.

“No executions were reported in Belarus in 2009 and for the first time since Amnesty International began keeping records Europe was an execution-free zone last year. It is very disappointing that the Belarussian authorities have taken this step, against the tide of world opinion that is moving toward the abolition of the death penalty.”

Andrei Zhuk’s mother tried to deliver a food parcel on Friday morning, 19 March, but the parcel was returned and she was told that the two men “had been moved” and that she should not come looking for her son anymore, but should wait for the notification from the court.

His father was taken to hospital on Monday having suffered a heart attack after hearing the news of the execution.

“Andrei Zhuk and Vasily Yuzepchuk were executed without being granted a last meeting with their relatives. The authorities must give their bodies and belongings to their relatives, should they wish to receive them. If they refuse to hand over the bodies, they must at least inform the relatives where their loved ones were buried,” Halya Gowan said.

Vasily Yuzepchuk was sentenced to death on 29 June 2009, for the murder of six elderly women, following an investigation and trial which his lawyer argues were fundamentally flawed: he says that Vasily Yuzepchuk was beaten to force him to confess.

Andrei Zhuk was sentenced to death on 22 July 2009, for the armed assault on and murder of a man and woman in February 2009. His lawyer has expressed his concerns regarding procedural violations during Andrei Zhuk’s initial interrogation.

Both men appealed against their sentences and were turned down. Both had applied for clemency, but according to information received by Amnesty International the President’s decision regarding clemency is communicated to prisoners minutes before they are executed.

In October 2009 the UN Human Rights Committee registered both cases and called on the Belarusian government not to execute the two men pending the Committee’s consideration of their cases.

The death sentences of Andrei Zhuk and Vasily Yuzepchuk were passed shortly after the Parliamentary Assembly of the Council of Europe (PACE) voted to restore Special Guest Status to the Belarusian Parliament, on the condition that Belarus declare a moratorium on the imposition of the death penalty.

Interview with Andrei Zhuk's mother, Svetlana, recorded in October 2009

Amnesty International has urged the authorities in Kazakhstan to end abuse by police that regularly sees suspects kicked, beaten and asphyxiated from the moment they are stopped by officers.

Amnesty International’s report published on Monday, Kazakhstan: No effective safeguards against torture, documents the pervasiveness of torture and other ill-treatment in the criminal justice system and the persistence of impunity for such actions.

“The Kazakhstani authorities must adopt a zero tolerance approach to torture and they are reneging on their international commitments by refusing to tackle this issue,” said Halya Gowan, director of Amnesty International’s Europe and Central Asia Programme.

Kazakhstan, currently chairing the Organization for Security and Cooperation in Europe (OSCE), is also failing to address its human rights commitments under international law, including on the prevention of torture and other cruel, inhuman or degrading treatment.

Under domestic law police are obliged to register a detention within three hours, however, most of the reported instances of torture or ill-treatment occur during the hours after a suspect has been detained.

At times the detention is not registered for days and the detainees are kept de facto incommunicado without access to lawyers, doctors or family members. The names of the detaining police officers are not officially recorded.

Under pressure and as a result of ill-treatment, many confess to crimes they have not committed and, as confessions extracted under torture are routinely admitted in court, convictions may be solely based on confessions.

The practice of extracting confessions under torture is partly caused by the fact that police officers are judged by the number of solved crimes despite deficient forensic training and equipment and is further compounded by corruption.

Official commissions tasked with monitoring detention centres have been working since 2005, but their powers to inspect all detention facilities is compromised.

Access to investigation isolation facilities of the National Security Service has been systematically denied and access to detention facilities under the jurisdiction of the Ministry of Interior has also not always been granted.

“The Kazakhstani authorities must allow independent monitoring mechanisms to undertake unannounced visits to all detention centres. This has proven to be a very effective tool of prevention of torture,” Halya Gowan said.

At the same time, avenues for redress are virtually non-existent. Victims of police brutality are reluctant to complain for fear of reprisals. Those who dare complain may themselves become the target of intimidation. If they do dare to lodge a complaint, the investigations are not conducted promptly, thoroughly, or impartially. 

“To date no one who has complained about torture has succeeded in obtaining reparation,” Halya Gowan said.

“This climate of impunity undermines the role of law in Kazakhstan by the police as well as the judiciary. It is not surprising at all that the public has lost confidence in the criminal justice system.”

“Timely and decisive action on the most pressing issues can have a profound and long-lasting impact on all who live in the country.” 

Amnesty International calls on the authorities of Kazakhstan to implement key safeguards against torture such as:

• Ending the practice of de facto unacknowledged detention;
• Giving unhindered access to independent public monitors to all detention facilities;
• Implementing the law which bans the admissibility of torture confessions in court proceedings;
• Creating a truly independent complaints mechanism.

Amnesty International has on World Water Day urged the Israeli authorities to end discriminatory practices against Palestinians in the Occupied Palestinian Territories that violate their right to adequate water supplies.

Many of the Palestinians living in the West Bank and featured in the October 2009 Amnesty International report Troubled Waters – Palestinians Denied Fair Access to Water – face continuing serious Israeli obstacles to accessing water.

“Almost six months after our report, the Israeli government still maintains control over water resources in Occupied Palestinian Territories. Palestinians are allowed only a fraction of the almost unlimited supplies provided to illegal Israeli settlements,” said Malcolm Smart, Director of Amnesty International’s Middle East Programme.  

“In many of the cases we highlighted, there has been no tangible improvement on the ground for ordinary people.”

Troubled Waters highlighted, among other cases, the plight of the small village of Tuwani in the southern Hebron hills. 

The village, like other Palestinian communities in the area, remains unconnected to the piped water network that amply supplies the nearby illegal Israeli settlements. 

Palestinians in the village instead have to rely on cisterns to harvest rainwater and store the water they purchase from tankers.

In December 2009, the Israeli army issued a demolition order for a water cistern that the villagers had built.

Then, at the beginning of March 2010, when the residents of Tuwani again applied for a connection to the water network that runs near the village, the Israeli military authorities in control of the area refused.
 
Residents of the village of Beit Ula also continue to struggle to access sufficient water supplies after the Israeli army destroyed nine rainwater harvesting cisterns in 2008.

The cisterns were built in June 2006 as part of an EU-funded agricultural project to improve food security, and each had belonged to a family. 

While local Palestinian farmers had salvaged what they could after the destruction, a year later most of the farmers who would have benefitted from the project are still unemployed or surviving on odd jobs as manual workers.

They told Amnesty International on 15 March that they would be ready to restart the project as soon as they are assured that it will not be demolished again.

In the West Bank village of Daraj al-Hathaleen, Amnesty International’s report also described how the Israeli army delivered demolition orders for nine water cisterns built without permission from the Israeli authorities.

Israel imposes a complex system of permits which the Palestinians must obtain from the Israeli army and other authorities in order to carry out water-related projects in the OPT – anything from digging a well, treating sewage or simply repairing a damaged pipe. Applications for such permits are often rejected or subject to long delays.

While the demolitions in Daraj al-Hathaleen have not yet been carried out, villagers told Amnesty International in March 2010 that local shepherds have been forbidden from using the cisterns and remain dependent on expensive water from mobile tankers.

Since the road leading to the area was closed by the Israeli army in 2009, water tankers have not been allowed to pass, forcing the residents of Daraj al-Hathaleen to travel long distances to collect water from the tankers.

More than 40 years of Israeli military occupation restrictions imposed by Israel on the Palestinians’ access to water have also prevented the development of water infrastructure and facilities in the West Bank

Amnesty Internation’s report also highlighted the problems faced by Palestinians in Gaza, where 90-95 per cent of the water is unfit for human consumption. The water and sanitation situation in Gaza continues to be “perilous”, according to a report issued by the United Nations High Commissioner for Human Rights on 17 March.

The Israeli military blockade of Gaza has prevented the entry of materials that are necessary to maintain the water and sanitation infrastructure.

“Hundreds of thousands of Palestinians have been denied the right to live a normal life, to have adequate food, housing, or health, and to economic development,” said Malcolm Smart.

“Israel must take responsibility for ensuring that Palestinians receive a fair share of the shared water resources.”

Palestinians in the West Bank face continuing serious Israeli obstacles to accessing water

Cisterns are used to harvest rainwater and to store water bought from tankers

The Syrian authorities should either release immediately or charge with a recognizable criminal offence a Kurdish human rights activist who has been held incommunicado since he was detained by Military Intelligence two weeks ago, Amnesty International said today.

The authorities have not said why ‘Abed al-Hafith ‘Abed al-Rahman is being detained or whether any charges have been brought against him. He is believed to be held at a Military Intelligence facility in the northern city of Aleppo.

‘Abed al-Hafith ‘Abed al-Rahman is a member of the Board of Trustees of the Human Rights Organization in Syria (MAF), an unauthorized non governmental organization formed by members of the Syrian Kurdish minority.

Detainees held by Military Intelligence and other security agencies in Syria are at risk of torture or other ill-treatment, especially when they are detained incommunicado.

Military Intelligence officials detained 44 year old ‘Abed al-Hafith ‘Abed al-Rahman at his home in Aleppo in the presence of his family on 2 March.

They seized some of his personal belongings, including a book he had written on teaching the Kurdish language and unpublished MAF statements.

Another member of MAF’s Board of Trustees, Naderah ‘Abdo, was detained at the same time, but she was released without charge on 6 March from the Military Intelligence facility in Aleppo.

Kurds in Syria suffer discrimination because of their ethnicity; many of them are denied Syrian nationality and therefore do not receive the same access to education, employment, health care and other rights enjoyed by Syrian nationals.

In addition, severe restrictions are placed on the use of the Kurdish language and culture in Syria; publishing and printing materials in Kurdish, as well as teaching it, is forbidden and penalized by imprisonment.

Kurdish civil society activists and those deemed to be associated with Kurdish political parties or groups who raise concerns about the treatment of Kurds in Syria face the risk of arbitrary arrest, torture and imprisonment after unfair trials.

Amnesty International has urged the authorities to release ‘Abed al-Hafith ‘Abed al-Rahman immediately and unconditionally unless he is to be charged with a recognizable criminal offence and tried in full conformity with international fair trial standards.

The organization called on the authorities to ensure that he is humanely treated and not subject to torture or other ill-treatment, and to allow him immediate access his family, a lawyer of his choice, an appropriate diet and any medical treatment he may require.

Amnesty International has called on the King of Saudi Arabia to halt the execution of a Lebanese national, whose death sentence for charges relating to “sorcery” was upheld by a court last week.

If the higher courts reject his appeal, ‘Ali Hussain Sibat, a former television presenter for a Lebanese satellite TV station, who gave advice and predictions about the future, could be executed at any time.

Another unidentified man sentenced to death for “apostasy” in July 2009 by a court in Hail on grounds relating to “sorcery” may also still be at risk of execution.

‘Ali Hussain Sibat was arrested by the Mutawa’een (religious police) on charges of “sorcery” in May 2008 while he was in Saudi Arabia to perform a form of Muslim pilgrimage, the ‘umra.

His lawyer in Lebanon believes that ‘Ali Hussain Sibat was arrested because members of the Mutawa’een had recognized him from the show, which was broadcast on the Sheherazade TV station.

After he was arrested, ‘Ali Hussain Sibat’s interrogators told him to write down what he did for a living, reassuring him that, if he did so, he would be allowed to go home after a few weeks.

This document was presented in court as a “confession” and used to convict him.

He was sentenced to death by a court in Madina on 9 November 2009 after secret court hearings where he had no legal representation or assistance.

In January 2010, the Court of Appeal in Makkah accepted an appeal against ‘Ali Hussain Sibat’s death sentence, on grounds that it was a premature verdict.

The Court of Appeal said that all allegations made against ‘Ali Hussain Sibat had to be verified, and that if he had really committed the crime he should be asked to repent.

But on March 10, a court in Madina upheld the death sentence. The judges said that he deserved to be sentenced to death because he had practised “sorcery” publicly for several years before millions of viewers and that his actions “made him an infidel”.

The court said also that there would be no way to verify that his repentance, if he should repent, would be sincere and that imposing the death sentence would deter other people from engaging in “sorcery” at a time when, the court said, there is an increase in the number of “foreign magicians” entering Saudi Arabia.

The case has been sent back to the Court of Appeal in Makkah for approval of the death sentence.

The crime of “sorcery” is not defined in Saudi Arabian law but is used to punish people for the legitimate exercise of their human rights, including the rights to freedom of thought, conscience, religion, belief and expression.

The criminalization of apostasy is incompatible with the right to freedom of thought, conscience and religion as set out in Article 18 of the Universal Declaration of Human Rights.

The Saudi Arabian authorities arrested scores of people for “sorcery” in 2009, and have continued to arrest people on the same charges this year.

The last known execution for “sorcery” was that of Egyptian national Mustafa Ibrahim, on 2 November 2007. He had been arrested in May 2007 in the town of Arar, where he worked as a pharmacist, and accused of “apostasy” for having degraded a copy of the Qur’an.

At least 158 people were executed in Saudi Arabia in 2007 and at least 102 in 2008. In 2009, 69 people are known to have been executed, including almost 20 foreign nationals. Since the beginning of 2010, at least eight people have been executed.

Amnesty International called on the authorities to release ‘Ali Hussain Sibat and the other unidentified man immediately and unconditionally if they have been convicted solely for the peaceful exercise of their right to freedom of expression.

The organization urged the authorities to desist from charging and convicting people for “apostasy” as it violates the legitimate exercise of the right to freedom of expression and freedom of religion.

'Ali Hussain Sibat gave advice and predictions about the future on Lebanese TV

International observers deployed to Sudan for the presidential and parliamentary elections in April must monitor human rights as a key part of their brief, Amnesty International said on Friday.

The organization said it fears an increase in harassment, arbitrary arrests, detentions, torture or other forms of ill-treatment carried out by the government’s National Intelligence and Security Services (NISS), which have sweeping powers of arrest, detention, search and seizure, while enjoying immunity for any acts carried out as part of their work.

“We are concerned that these powers may be used to intimidate, arrest and detain opposition candidates, voters and human rights defenders before, during and after the elections,” said Veronique Aubert, deputy director of Amnesty International’s Africa programme.

Sudanese security forces violently suppressed political protests on 7 and 14 December 2009, arresting more than 200 people, including opposition leaders and human rights activists that had gathered in front of the parliament building in Khartoum.

In a 12-point briefing to election monitors, Amnesty International called on the delegates to assess whether candidates, their supporters and voters are protected from human rights violations.

The organization called on election observers to beware of violence or threats carried out at polling stations against those presumed to be opposing party supporters and to ask the authorities to immediately act to stop any abuse.

“It is essential that election monitors, in addition to observing the election process itself, call on the authorities to put a stop to any human rights violations observed by or reported to them,” said Veronique Aubert.

Following reports of political party meetings and rallies being disrupted by the NISS, Amnesty International recommended that the observers monitor the conduct of the NISS and the police, to ensure that they do not commit human rights violations.

“Pressure is mounting on Sudan to hold elections free from violence, insecurity and human rights abuse,” said Veronique Aubert. “At this crucial time the respect, protection and promotion of human rights by all those involved in the elections, including the government, candidates, and supporters, is of critical importance.

“The ability to exercise the rights to freedom of expression, peaceful assembly, freedom of association, and freedom of movement is essential to ensure that people can participate in the election process without fear of intimidation or reprisals.”

The April elections will be the first national parliamentary and presidential elections in Sudan since 1986. Current president Omar Hassan Al Bashir took power during a coup d’état in 1989. Civil war between Northern and Southern Sudan prevented people in many constituencies in Southern Sudan and Blue Nile State from voting in elections in 2000, when Al Bashir was voted in as President.

The European Union has committed 130 election observers to monitor the elections and deployment began in late February this year. The Carter Center, an NGO founded by former US President Jimmy Carter, has also deployed 60 election observers and the League of Arab States (LAS) is planning to deploy 50 observers. The elections will also be monitored by Sudanese civil society groups.

The elections are taking place amid continuing, widespread human rights abuses by the government and armed groups. President Bashir remains a fugitive from justice following the arrest warrant issued against him by the International Criminal Court (ICC) in March 2009 for war crimes and crimes against humanity committed in Darfur.

Police and other security forces should be monitored by International observers

Amnesty International urged Cuban President Raúl Castro to ensure the safety of a group of female relatives of prisoners of conscience ahead of a scheduled demonstration on Thursday.

The call came after a protest by the Damas de Blanco (ladies in white) on Wednesday was forcibly broken up by Cuban police, who briefly detained several women.  

After the incident, some of the women said they had been beaten by the police. They include Reyna Tamayo, mother of Orlando Zapata Tamayo, who died on 22 February 2010, having spent several weeks on hunger strike to demand the release of prisoners of conscience.

“The Cuban authorities must stop repressing legitimate dissent and harassing those who are only asking for justice and exercising their freedom of expression,” said Kerrie Howard, deputy director of Amnesty International’s Americas programme. “Instead, they should review their repressive legislation and release all those who have been detained for years sentenced in summary trials on charges that are often baseless.”

The Damas de Blanco, an unofficial group of women relatives and friends of individuals imprisoned around a major crackdown around the 18 March 2003, have organized daily demonstrations in Havana during the week of the seventh anniversary of the arrests. Fifty-three of those arrested in March 2003 continue to be detained.

Since the start of their campaign, members of the Damas de Blanco have been victims of threats and intimidation by Cuban security officials.

On 15 March, State security officials visited Soledad Riva’s home and advised her against taking part in the events organized by the Damas de Blanco. The officials warned her that if she took part in a demonstration she could risk being beaten and would not see her children again. Her children live abroad and Soledad has been seeking an exit visa to visit them, which so far has not been granted by Cuban authorities.

Soledad Rivas’ husband is a former prisoner of conscience Roberto de Miranda Hernández, a demonstrator who was detained in March 2003 but released in June 2004 on health grounds.

On 16 March, several members of the Damas de Blancowere intimidated by government supporters during a march they had organized to call for the release of their relatives in prison.

Government supporters shouted insults at them and physically assaulted William Cepero Garcia a man supporting the protest. Hugo Damian Prieto and Juan Carlos Vasallo, two men who were supporting the demonstration, were detained.

The Damas de Blanco have faced threats and intimidation by Cuban security officials

President of the Republic of China (Taiwan)
Ma Ying-jeou
Office of the President
No. 122, Sec. 1, Chongqing S. Rd
Zhongzheng District
Taipei City 100
Taiwan (R.O.C)

18 March 2010

Your Excellency

OPEN LETTER ON DEATH PENALTY IN TAIWAN

Amnesty International has noted the recent debate on the death penalty sparked by former Minister of Justice Wang Ching-feng’s open support for a moratorium on executions and her subsequent resignation. We write to ask you to ensure that Taiwan remains firm in reaching for its stated goal of
abolition of the death penalty.

We welcomed the assurances you gave us and other groups at our meeting on 18 June 2008, that Taiwan’s de facto moratorium would remain in place. We urge you not to waiver from this stance. The lives of the 44 inmates on death row must not be compromised because of the current political controversy.

We look to Taiwan as a leader in the region on progress toward abolition. We hope that Taiwan’s support for a moratorium, along with Mongolia’s, where President Elbegdorj formally announced a moratorium in January 2010, will influence the governments of Japan and the People’s Republic of China to take similar steps themselves.

As you stated during your meeting with the Prosecutors’ Association on 15 March 2010, Taiwan must increase the public debate and education about the death penalty. We see the public attention surrounding the nomination of a new Minister of Justice as an opportunity to highlight the death penalty as the ultimate cruel, inhuman and degrading punishment, one that runs the risk of irrevocable error, fails to provide restorative justice to victims’ families, and has not been proven to have any special deterrent effect. The current public debate presents an opportunity to promote the global trend towards abolition, as now more than two-thirds of the countries of the world have abolished the death penalty in law or in practice, and to urge public support to this trend ahead of the United Nations General Assembly vote on a global moratorium scheduled for December 2010.

In a time of heightened political debate, we urge you to demonstrate leadership and continue on the path toward abolition.

Yours sincerely
Claudio Cordone
Secretary General (ad interim)

New US military measures to control the activities of US Special Operations forces in Afghanistan are a welcome step but more needs to be done to improve accountability for civilian casualties of military operations, said Amnesty International.

General Stanley McChrystal, Commander of US forces and the NATO International Security Assistance Force (ISAF), has brought most US Special Operations forces under the same chain of command as regular US and NATO forces for the first time, responding to resentment spurred by ongoing casualties suffered by Afghan civilians.

“Putting most Special Operations under the regular chain of command is a crucial step toward improving security for ordinary Afghans, but it doesn’t resolve the threat to civilians until all forces, regular as well as Special Operations, are subject to a proper, transparent accountability process,” said Sam Zarifi, director of Amnesty International’s Asia-Pacific programme.

“A major part of the problem is that even regular US and NATO forces in Afghanistan have a very poor record of accountability. For far too long Western forces, especially US forces, have operated as if they’re above the law in Afghanistan. If there is a breach of the laws of war during a military operation, then there should be a credible, transparent investigation and those involved in carrying out or ordering the operation should be brought to justice and punished if found guilty.”

Special Operations forces in Afghanistan have been operating according to their own rules of engagement, leading to allegations that they are not taking enough precautions to avoid civilian casualties.

The complicated nature of the NATO and US Coalition forces and their bilateral agreements with the Afghan government have led to separate and unclear chains of command and little accountability for civilian casualties resulting from operations by these forces.

“Those forces that remain outside the regular chain of command, such as the US Army’s Delta Force and the Navy Seals, as well as special operations units from other countries, must also be held accountable for their actions,” said Sam Zarifi.

According to the United Nations Assistance Mission in Afghanistan (UNAMA), of the 2,412 civilian deaths reported in Afghanistan last year, 1,630 (67 per cent) were attributed to the Taleban and other insurgent groups.

UNAMA says that International Forces and the Afghanistan National Security Force (ANSF) were responsible for nearly 600 civilian deaths – 359 of which were caused in air strikes and 98 in night raids and search operations carried out by Special Operations forces.

This figure is a 28 per cent reduction of the total number of deaths attributed to Afghan government and international forces in 2008.

On 4 March 2010, General McChrystal issued a new Tactical Directive with guidelines for the conduct of night raids by all ISAF forces operating in Afghanistan.

The killing of two brothers in Kandahar in the middle of the night in January 2008 is a notable example of the lack of accountability of international forces. Amnesty International documented their case, and the wider problem of impunity for special operations forces in Afghanistan, in a February 2009 report, Getting Away with Murder? The impunity of international forces in Afghanistan.

Amnesty International’s research in Kandahar indicates that Abdul Habib and Mohammed Ali, who were unarmed, were shot at home at point blank range by international forces in camouflage uniforms.

No one has admitted responsibility for the killings despite enquiries by Amnesty International, the Afghan Independent Human Rights Commission, and the United Nation’s Special Rapporteur on extrajudicial, summary or arbitrary executions.

There are currently military personnel from more than 40 countries operating in Afghanistan, most of them under the mandate of the ISAF, provided by NATO, and a smaller number as part of the counter-terrorism mandate of the US-led Operation Enduring Freedom.

In addition to regular military forces in Afghanistan, there are numerous members of civilian intelligence agencies as well as private contractors and local militias conducting military operations.

“International forces, and in particular the US, should ensure that special forces, intelligence agencies, and civilian contractors are also governed by the rule of law; most Afghans do not recognize the distinctions between these forces, and at any rate, the victims are entitled to justice regardless of which branch of the military was responsible,” said Sam Zarifi.

Last year, 98 civilians were killed in night raids and search operations carried out by special forces

Amnesty International on Wednesday called on the Cuban authorities to revoke laws that restrict freedom of expression, assembly and association and to release all dissidents unfairly detained by the authorities.

The organization also urged President Raúl Castro to allow independent monitoring of the human rights situation in Cuba by inviting UN experts to visit the country and by facilitating monitoring by other human rights groups.  

The call came ahead of the 7th anniversary of the arrest of 75 Cuban dissidents around 18 March 2003. Fifty-three of those arrested continue to be detained. One of those arrested in March 2003, Orlando Zapata Tamayo, died on 22 February 2010, having spent several weeks on hunger strike in protest at prison conditions.  

“Cuban laws impose unacceptable limits on the rights to freedom of expression, association and assembly,” said Kerrie Howard, Americas Deputy Director at Amnesty International. “Cuba desperately needs political and legal reform to bring the country in line with basic international human rights standards.

“The long imprisonment of individuals solely for the peaceful exercise of their rights is not only a tragedy in itself but also constitutes a stumbling block to other reforms, including the beginning of the dialogue needed for the lifting of the US unilateral embargo against Cuba.”

Several articles of the Cuban Constitution and Criminal Code are so vague that they are currently being interpreted in a way that infringes fundamental freedoms.

Article 91 of Cuba’s Criminal Code provides for sentences of ten to 20 years or death for anyone “who in the interest of a foreign state, commits an act with the objective of damaging the independence or territorial integrity of the Cuban state”.

According to article 72 “any person shall be deemed dangerous if he or she has shown a proclivity to commit crimes demonstrated by conduct that is in manifest contradiction with the norms of socialist morality” and article 75.1 states that any police officer can issue a warning for such “dangerousness”. The declaration of a dangerous pre-criminal state can be decided summarily. A warning may also be issued for associating with a “dangerous person”.  

Law 88 provides for seven to 15 years’ imprisonment for passing information to the United States that could be used to bolster anti-Cuban measures, such as the US economic blockade. The legislation also bans the ownership, distribution or reproduction of “subversive materials” from the US government, and proposes terms of imprisonment of up to five years for collaborating with radio, TV stations or publications deemed to be assisting US policy.

Local non-governmental organizations have great difficulty in reporting on human rights violations due to restrictions on their rights to freedom of expression, association and movement. International independent human rights organizations, including Amnesty International, are not allowed to visit the island.

A Vietnamese human rights activist and Catholic priest who was temporarily allowed to leave detention on Monday should be unconditionally and permanently released, Amnesty International urged on Tuesday.

Father Nguyen Van Ly, who is serving an eight year jail term for spreading “propaganda” against the state in 2007, was released for a period of 12 months on humanitarian grounds to receive medical treatment.

Ly, 63, has already served three years in prison. He is one of the founders of the internet-based pro-democracy movement “Bloc 8406” and participated in banned political groups.

“Father Ly should never have been detained in the first place. His release should be unconditional and permanent and he should be allowed to receive proper medical care,” said Amnesty International’s Viet Nam researcher Brittis Edman. “This small positive step is happening against the backdrop of a deteriorating human rights situation, with 16 dissidents imprisoned in the last six months alone, and dozens more currently detained for criticism of government policies.”

Nguyen Van Ly’s health has rapidly deteriorated in prison. He suffers from partial paralysis following a stroke in November last year and doctors have also discovered a brain tumour.

He will remain under surveillance during the temporary release period while he lives at a house for retired priests in the diocese of the Archbishop of Hue, in central Viet Nam, where he has previously stayed.

The peaceful pro-democracy activist has been jailed three times since the 1970s. Amnesty International first adopted Father Ly as a prisoner of conscience in December 1983, and following subsequent arrests.

Amnesty International said it continues to urge the government of Viet Nam to amend or repeal national security provisions of the Penal Code which are used to silence and detain activists.

The organization said that these provisions are in direct breach of international treaties ratified by Viet Nam. It said the authorities must allow peaceful dissent, debate, freedom of speech and assembly consistent with Viet Nam’s obligations under international law, and release all prisoners of conscience.

Ly, right, is a founder of the internet-based pro-democracy movement 'Bloc 8406'

European companies are participating in the global trade in types of equipment widely used in torture or other ill-treatment, according to evidence presented in a new report by Amnesty International and the Omega Research Foundation.

Fixed wall restraints, metal “thumb-cuffs”, and electroshock “sleeves” and “cuffs” that deliver 50,000V shocks to detained prisoners are amongst the “tools of torture” highlighted in the report, From Words to Deeds, which was published on Wednesday.   

Such activities have continued despite the 2006 introduction of a Europe-wide law banning the international trade of policing and security equipment designed for torture and ill-treatment.

The 2006 law also regulates the trade in other equipment widely used in torture around the world.

The report will be formally discussed at the meeting of the European Parliament’s Sub-Committee on Human Rights in Brussels on Thursday.

Amnesty International and the Omega Research Foundation are calling on the European Commission and EU Member States to close legislative loopholes highlighted in the report, and for EU Member States to adequately implement and enforce the regulation. 

“The introduction of European controls on the trade in ‘tools of torture’, after a decade of campaigning by human rights organizations, was a landmark piece of legislation. But three years after these controls came into force, several European states have failed to properly implement or enforce the law,” said Nicolas Beger, Director of Amnesty International’s EU office.

“Our research shows that despite the new controls, several Member States, including Germany and the Czech Republic, have since 2006 authorized exports of policing weapons and restraints to at least nine countries where Amnesty International has documented the use of such equipment in torture,” said Brian Wood, Amnesty International’s Military Security and Police manager.

“Moreover, only seven states have fulfilled their legal obligations to publicly report their exports under the Regulation. We fear that some states are not taking their legal obligations seriously.”

Loopholes in the legislation also permit law enforcement suppliers to trade equipment which has no other use but for torture or ill-treatment.

“As part of their commitments to combat torture wherever it occurs, Member States must now turn their words into deeds. They must impose truly effective controls on the European trade in policing and security equipment, and ensure that such goods do not become part of the torturer’s toolkit,” said Michael Crowley, a researcher for the Omega Research Foundation.

The main findings of the report include:

•    Between 2006 and 2009, the Czech Republic issued export licenses covering shackles, electric shock weapons and chemical sprays to six countries where police and security forces had previously used such equipment  for torture and other ill-treatment;

•    Germany issued similar licenses to three such countries for exports of foot-chains and chemical sprays;

•    Law enforcement equipment suppliers in Italy and Spain have promoted for sale 50,000V electric shock “cuffs” or “sleeves” for use on prisoners. A legal loophole permits their trade despite essentially similar electric “stun belts” being prohibited for import and export across the EU;

•    In 2005 one EU Member State – Hungary – declared its intention to introduce electric “stun belts” into its own prisons and police stations, despite the import and export of such belts subsequently being prohibited on the grounds that their use inherently constitutes torture or ill-treatment;

•    Only seven of 27 EU Member States have publicly reported their export authorizations of policing and security equipment controlled by the Regulation, despite the Regulation legally requiring all Member States to do so.

•    The report also highlights the extent of the trade across the European Union, and the need for adequate outreach by Member States to inform traders of their obligations.

Five Member States have stated that they are unaware of any producers (Belgium, Cyprus, Italy, Finland, Malta) or exporters (Belgium, Cyprus, Italy) of equipment covered by the Regulation.

Nonetheless the report shows that companies in three of these five countries (Finland, Italy and Belgium) have stated openly in media interviews or on their websites that they supply items which are covered by the Regulation, often manufactured in third countries.

Tools of torture at a policing equipment trade fair in China, October 2007

Metal thumb-cuffs are among the tools of torture highlighted in the report

Leg-cuffs like these at a defence fair in France are part of a torturer's toolkit

'Sting stick' or spiked baton on sale at a public security exhibition in China, 2007

Amnesty International has called on the Tunisian President to end the daily harassment of former political prisoners ahead of the country’s national independence day on 20 March.

Hundreds of political activists have been imprisoned in Tunisia since President Zine El Abidine Ben Ali came to power in 1987, including prisoners of conscience and others sentenced after unfair trials, reflecting the authorities’ intolerance of dissent. Many have been released from prison on previous national days under presidential pardon.

Such releases are generally only conditional, with former prisoners made subject to stifling restrictions which prevent them from obtaining paid employment or leading normal lives, including intensive surveillance and harassment by security officials.

“Prisoners released under presidential pardons should not be subjected to continuing harassment and intimidation, but should be allowed and enabled to resume their normal lives,” said Malcolm Smart, Amnesty International’s Middle East and North Africa director.

Those who overstep their restrictions or offend the authorities in other ways may be quickly returned to prison.  

Sadok Chourou, who spent 18 years in prison before he was conditionally released in November 2008, was re-detained a month later after he gave media interviews talking about his experiences in prison and expressed views about the political situation in Tunisia. His conditional release was revoked so that he has to complete one remaining year of his original sentence and he was given an additional one year prison term. He is now due to be released in October 2010.

“The whole purpose of the pardon is undermined when former prisoners are placed under such oppressive restrictions that they are unable to obtain work or exercise their rights to freedom of expression and association. This harassment of former prisoners must cease.”

A briefing paper released by Amnesty International, Freed but Not Free: Tunisia’s Former Political Prisoners, highlights the plight of former political prisoners who are subjected to severe restrictions and harassment by the security authorities.  These include oppressive police surveillance, being required to report regularly to the police and repeatedly called in for police questioning, and re-arrest – following their release from prison. Some have been denied access to medical care.

Many have also been banned from travelling outside Tunisia and are not permitted to move freely within the country.

Abdelkarim Harouni, who was placed under oppressive police surveillance following release from prison in November 2007, says it has had a very detrimental effect on his well-being and ability to interact with other people:

“This harassment is an attempt to isolate me from society. There’s a climate of fear among my family members, the neighbours and my friends, who do not dare to visit us,” said Abdelkarim Harouni.

Abdellatif Bouhajila has been unable to obtain his medical files from the hospital where he was treated while in prison and his hospital appointments have been repeatedly cancelled leaving him without the medical treatment he urgently needs for heart and kidney ailments.

Amnesty International is urging the Tunisian government to cease the harassment and intimidation of former political prisoners and allow them to resume their lives as free individuals.

The organization is also calling on the Tunisian authorities to release Sadok Chourou and all other prisoners of conscience held for the peaceful exercise of their right to freedom of expression immediately and unconditionally, including journalist Taoufik Ben Brik.

Sadok Chourou spent 18 years in prison before his conditional released in November 2008, and was re-detained a month later

Amnesty International has called on the Gambian government to immediately charge or release all former government officials detained during a wave of arrests over the past week.

The detained officials, who reportedly include former Inspector General of Police Ensa Badjie and Commander of the Navy Sarjo Fofona, are also being denied visits from lawyers and family. The Gambian Constitution stipulates that people should be charged within 72 hours of arrest.

“Through this latest spate of arbitrary arrests and detentions, Gambian authorities have once again shown its blatant disregard for human rights” said Erwin van der Borght, Amnesty International’s Africa Programme Director.

Amnesty International has documented many cases where people have been arrested and held without charge, often with no access to their families or lawyers.

The organisation has repeatedly called on Gambian authorities to end the arbitrary arrests and detention of perceived and real opponents of the government that have intensified since the alleged failed coup attempt in March 2006.

In a report submitted to the UN Human Rights Council February this year, the Gambian government itself pointed out that the country’s Constitution protects citizens from arbitrary arrests and detention, also stating that the provision in the Constitution which prohibits torture and inhuman or degrading treatment is non-derogable.

“The many people that remain detained without charge and that in some cases face torture send a very different message,” said Erwin van der Borght. “It is high time for the government to follow its own Constitution and fulfil its human rights obligations. Those arrested should either be charged with a recognizable criminal offence or released.”

Amnesty International highlighted how people continue to be held in secret detention centres in the country, including in military barracks and secret quarters in remote police stations, in a report submitted to the UN Human Rights Council ahead of this year’s Universal Periodic Review (UPR) of Gambia, which took place on 10 February.

The UPR is an opportunity for UN Human Rights Council to examine the human rights record of all member states. Each country is reviewed every four years with the aim of ensuring states meet all of their human rights obligations and commitments.  

An Egyptian man, who may have been wrongfully convicted of murder, was hanged in Cairo on Wednesday morning, Amnesty International has learned.

Atef Rohyum Abd El Al Rohyum was executed in Isti’naf prison. His family were not informed of his execution until they were asked to collect the body.

His co-accused, Jihan Mohammed Ali, a woman convicted in the same case, was executed in the city of Giza on the same day. The two were accused of the murder of Jihan Mohammed Ali’s husband in January 2004.

Amnesty International had called for the death sentence to be commuted, and for Atef Rohyum Abd El Al Rohyum to be retried, after learning that he had been transferred to Isti’naf prison, where executions take place.

Atef Rohyum Abd El Al Rohyum was hanged despite evidence suggesting he was not guilty. His family was not made aware that his appeal, filed with the Public Prosecutor in May 2009, had failed, despite a formal request made on Tuesday for information on its status.

Jihan Mohammed Ali had stated she acted alone in killing her husband and that Atef had done no more than help her move the body. He requested a retrial based on this new evidence, but there has been no response from the authorities. Jihan Mohammed Ali also claimed that she had acted in self defence as her husband was beating her. She had been married to her husband while still at school.

At an earlier stage, following his arrest, Atef Rohyum Abd El Al Rohyum is reported to have been interrogated without the presence of a lawyer and tortured and otherwise ill-treated. Those who say they witnessed him being tortured and harshly treated were not called to give evidence at his trial.

Last year witnessed a significant rise in death sentences handed down by Egyptian courts, with at least 269 death sentences imposed. According to official statements, more than 20 executions took place in Egypt in 2008 and some 26 death sentences were declared final by the courts, adding to those on death row. The authorities never disclose how many people are awaiting execution.

Executions in Egypt are not announced until after they have been carried out and condemned prisoners are not told the date and time of their execution.
In practice, the families of condemned prisoners are not made aware of the execution until they are called to collect the body – despite claims by the Egyptian authorities that relatives are permitted to visit the condemned person on the day appointed for execution.

Amnesty International has called for the promised investigation into the alleged killing by Kenyan police of seven men to be impartial, independent and for the results to be made public.

On Wednesday night, eyewitnesses reported that seven men were shot dead by a group of administration police during a police operation in Kawangare, an informal settlement in Kenya’s capital, Nairobi. Police officers claimed the men were part of a criminal gang, but witnesses say they were taxi drivers.

In a press conference yesterday, police spokesman Eric Kiraithe promised investigations into the shootings adding that any police officer found to have breached the law would be punished.

“The promise of a police investigation is a step in the right direction,” said Godfrey Odongo, Amnesty International’s East Africa researcher. “But unlike many previous investigations, this one must be impartial and independent and its findings must be made public and acted upon.”

In March 2009, two human rights activists were shot dead in their car while stopped in traffic in central Nairobi. The two had been campaigning against illegal killings by the police. An investigation into the murders has failed to bring anyone to trial.

Similarly, a taskforce set up to investigate alleged rapes by police during the post-election violence in late 2007 has failed to yield any results.
 
Under international law, Kenya is obliged to respect and protect the right to life of all its citizens. This includes taking effective measures to protect people against acts of violence and to bring perpetrators to justice.

“Police should be the enforcers of law and must not be allowed to rise above it,” said Godfrey Odongo. “Anyone identified by the inquiry as having been responsible for extra-judicial killings should be brought to justice in a trial and the families of those killed should be compensated.”

Amnesty International has called on the Palestinian and Israeli authorities to release all journalists who are being detained for carrying out their legitimate professional activities, amid continuing harassment of media workers in the region.

The call came after Hamas released British journalist Paul Martin, who was arrested in Gaza last month after being accused of “collaborating with Israel”, an allegation he strongly denies.  Paul Martin was held for more than three weeks after travelling to Gaza to testify at the trial of a Palestinian accused of collaborating with Israel.  

Palestinian journalists working in the Occupied Palestinian Territories have been repeatedly targeted by both Palestinian and Israeli authorities, a number of journalists continue to be detained and harassment of media workers is a common occurrence.
 
“The welcome release of Paul Martin focuses attention on the continuing curbs on media freedom and harassment of journalists working in Gaza and the West Bank,” said Amnesty International’s Middle East and North Africa director Malcolm Smart.

“In particular, it is Palestinian journalists that are targeted. Not only are they subject to harassment by Israeli forces but in the West Bank, those considered sympathetic to Hamas are liable to be detained by Palestinian Authority (PA) security forces, while in Gaza, those considered sympathetic to Fatah have been targeted by members of the Hamas security agencies.”

In the West Bank last month, Tariq Abu Zaid, a reporter for Al-Aqsa television, seen as affiliated to Hamas, was sentenced to 18 months in prison by a PA military court, although he is a civilian. He was charged with “undermining the status of the Authority and resisting the public policy of the Palestinian Authority”.  The prosecutor’s office also said Tariq Abu Zaid had been found guilty of incitement, “imparting information” and providing money to parties opposed to the PA. 

Tariq Abu Zaid has been subject to repeated detentions. In 2008 he was held by the Israeli authorities without charge or trial for 11 months. After being released by Israel, he was then arrested by PA military intelligence officials in 2009.

On 12 January 2010, the Palestinian High Court of Justice ordered Abu Zaid’s immediate release but the Palestinian security police did not comply with the court order.

Another journalist, Mustafa Sabri, formerly of al-Risala newspaper, was released earlier this week after been detained without charge or trial for more than two months by PA security forces. Mustafa Sabri, who is also an elected member of Qalqiliya council for the “Change and Reform” list, has been repeatedly arrested by the Palestinian security agencies in the West Bank despite decisions by the Palestinian High Court on each occasion for him to be released.

Meanwhile, the Israeli authorities recently detained Omar Bladi, owner and presenter of the Palestinian radio station Kul al-Nas.  Omar Bladi’s detention was set by an Israeli military court at 50 days in prison and he was fined 1,500 shekels (US$400), although he has not been charged with a recognizable criminal offence.

Amnesty International has repeatedly expressed its concerns about freedom of expression for journalists working in the Occupied Palestinian Territories.  Both the Palestinian Authority in the West Bank and the Hamas de facto administration in Gaza have curtailed media freedom and taken action against media and journalists who criticized them.  Israeli forces in the Occupied Palestinian Territories frequently harass and use excessive force against Palestinian journalists. 

British reporter Paul Martin was released but several Palestinian journalists are still held

Insurgent groups in Pakistan must stop targeting humanitarian agencies that are trying to provide assistance to the country’s poor, said Amnesty International after six NGO workers were killed in the country’s northwest region.

An attack on the office of Christian aid agency, World Vision, killed six of its Pakistani staff members in Manshera district, Northwest Frontier province, on Wednesday.

Four men and two women died, according to the aid agency. Seven other members of staff were injured in the attack and taken to hospital. The organization has suspended all operations in Pakistan.

World Vision said in a statement that no threatening letters were received prior to the attack.

According to media reports, around 10 gunmen raided the World Vision office yesterday morning, gathering staff into one area and then opening fire on them.

On leaving the building, the men set off explosives. No group has claimed responsibility for the attack but the authorities suspect that the Taleban or related insurgent groups were behind the attack. Amnesty International has condemned all targeted or indiscriminate attacks on civilians.

“This attack is a major setback for the human rights and humanitarian efforts underway in Pakistan. All armed groups to immediately end such attacks,” said Sam Zarifi, Amnesty International’s Asia-Pacific director. 

“Those suspected of carrying the attacks out or ordering them must be brought to justice and tried according to international human rights standards.”

Millions of Pakistanis depend on international assistance for food, water, healthcare and education.

The latest attack on World Vision staff impairs the already limited ability of aid workers to assist Pakistanis, particularly those in conflict-affected areas in the northwest region.

“It is imperative that the Pakistan government and international community not only condemn such attacks but also take measures to regain stability and security for all those in the country,” said Sam Zarifi.

Attacks and on aid workers and other non-governmental organisations (NGOs) occur frequently in Pakistan and have claimed the lives of scores of innocent people. Insurgents frequently target aid workers accusing them of “spying” or “collaborating” with the Pakistani authorities.

In April 2009, three women workers and a driver of a USAID-funded educational NGO, Rise International, were shot dead in Manshera. Local people suspected that militants were behind the attack.

In February 2008, four Pakistani staff members of the British aid agency, Plan international, were killed and at least 10 injured following an attack on its office in Manshera. The organization, which had been operating in the area for 12 years, suspended its operations in the country.

World Vision has suspended all operations in Pakistan after its office was attacked

Amnesty International has called on US President Barack Obama to tackle soaring rates of maternal mortality and pregnancy-related complications that particularly affect minorities and those living in poverty.

Amnesty International’s report Deadly Delivery: The Maternal Health Care Crisis in the USA, urges action to tackle a crisis that sees between two and three women die every day during pregnancy and childbirth in the USA.

A total of 1.7 million women a year, one-third of all pregnant women in the country, suffer from pregnancy-related complications.

The report also revealed that severe pregnancy-related complications that nearly cause death — known as “near misses” — are rising at an alarming rate, increasing by 25 percent since 1998.

Minorities, those living in poverty, Native American and immigrant women and those who speak little or no English are particularly affected.

“This country’s extraordinary record of medical advancement makes its haphazard approach to maternal care all the more scandalous and disgraceful,” said Larry Cox, executive director of Amnesty International USA.

“Good maternal care should not be considered a luxury available only to those who can access the best hospitals and the best doctors. Women should not die in the richest country on earth from preventable complications and emergencies,” said Larry Cox.

With a lifetime risk of maternal deaths that is greater than in 40 other countries, including virtually all industrialized nations, the USA has failed to reverse the two-decade upward trend in preventable maternal deaths, despite pledges to do so. 

“Mothers die not because the United States can’t provide good care, but because it lacks the political will to make sure good care is available to all women,” said Larry Cox.

Amnesty International’s analysis also shows a health care reform proposal before the US Congress does not address the crisis of maternal health care.

“Reform is primarily focused on health care coverage and reducing health care costs, and even optimistic estimates predict that any proposal on the table will still leave millions without access to affordable care,” said Rachel Ward, one of the authors of the Deadly Delivery  report. 

“Furthermore, it does not address discrimination, systemic failures and the lack of government accountability documented in Amnesty International’s report.”

Rapid and comprehensive federal leadership is required, as the report found numerous systemic failures, including the following:

•    Obstacles to care are widespread, even though the US A  spends more on health care than any other country and more on pregnancy and childbirth-related hospital costs, $86 billion, than any other type of hospital care.
•    Nearly 13 million women of reproductive age (15 to 44), or one in five, have no health insurance. Minorities account for just under one-third of all women in the US A  (32 percent) but over half (51 percent) of uninsured women.
•    One in four women do not receive adequate prenatal care, starting in the first trimester. The number rises to about one in three for African American and Native American women.
•    Burdensome bureaucratic procedures in Medicaid enrollment substantially delay access to vital prenatal care for pregnant women seeking government-funded care. 
•    A shortage of health care professionals is a serious obstacle to timely and adequate care, especially in rural areas and inner cities. In 2008, 64 million people were living in “shortage areas” for primary care (which includes maternal care).
•    Many women are not given a say in decisions about their care and the risks of interventions such as inducing labor or cesarean sections. Cesarean sections make up nearly one-third of all deliveries in the US A  – twice as high as recommended by the World Health Organization.
•    The number of maternal deaths is significantly understated because of a lack of effective data collection in the US A .

Amnesty International also called on the US authorities for vigorous enforcement of federal non-discrimination laws and an increase in support for Federally Qualified Health Centers by 2011 to expand the number of women who can access affordable maternal health care.

This work is part of Amnesty International’s Demand Dignity campaign which aims to end the human rights violations that drive and deepen global poverty. The campaign will mobilise people all over the world to demand that governments, corporations and others who have power listen to the voices of those living in poverty and recognise and protect their rights. For more information visit   http://www.amnesty.org/en/demand-dignity

For a full copy of the report Deadly Delivery: The Maternal Health Care Crisis in the USA, please see: amnestyusa.org\deadlydeliveryreport

Amnesty International called on President Barack Obama to tackle soaring rates of maternal mortality in the US