Author: Amnesty International

  • Russia urged to investigate attack on human rights activist

    Tuesday 2 March 2010

    Vadim Karastelev, who has been campaigning for police reform and against corruption, was severely beaten by two men outside his home in Novorossisk.

    Amnesty International has urged the Russian authorities to investigate a brutal attack on a human rights activist who has been campaigning for police reform and against corruption.

    Vadim Karastelev, a member of the Novorossisk Human Rights Committee, has been representing the defence in the high profile case of a police officer, Aleksei Dymovskii, who posted a video of himself on YouTube last November, making a direct appeal to Prime Minister Vladimir Putin to clean up law enforcement agencies.

    On Saturday, he  was severely beaten by two men outside his home in Novorossisk in the Krasnodar region on the Black Sea coast.

    He sustained injuries to his eyes, skull and one of his legs.

    Following the attack, Vadim Karastelev managed to call a friend on the phone but then lost consciousness. He was brought to the hospital where he had to undergo surgery.

    According to police in Novorossisk, one person has been detained in connection with the attack.

    “The Russian authorities must undertake prompt, thorough and impartial investigation into the attack on Vadim Karastelev and bring those responsible to justice,” said Andrea Huber, Deputy Programme Director of Amnesty International’s Europe and Central Asia programme.

    “This is just the latest case in a series where Russian human rights activists have faced threats and intimidation. The authorities must end impunity for attacks on human rights defenders.”

    A day before the attack, Vadim Karastelev had been released from police detention after being sentenced to seven days for disobeying police orders.

    Vadim Karastelev had been detained by police on 19 February while he was distributing leaflets, calling on people to come to a public meeting in support of police officer Aleksei Dymovskii and for reform of the police and against police corruption. The police accused him of having organized a public meeting without announcing it to the authorities.

    In December 2009 Vadim Karastelev had been given a written warning by the police in Novorossisk that his actions during a public hearing in protection of a nature reserve could be seen as incitement to public disorder.

  • Homophobic law to enter into force in Lithuania

    Friday 26 February 2010

    A new law restricting the distribution of public information relating to the rights of lesbian, gay, bisexual and transgender people enters into force next week.

    Amnesty International has called on the authorities of Lithuania to remove all restrictions on the distribution of public information relating to the rights of lesbian, gay, bisexual and transgender (LGBT) people decreed in a new law.  

    The controversial “Law on the Protection of Minors against the Detrimental Effect of Public Information” enters into force next Monday, 1 March.

    “This law will violate the freedom of expression and will directly discriminate against people on account of their sexual orientation or gender identity,” said John Dalhuisen, expert on discrimination at Amnesty International.

    “It will stigmatize gay and lesbian people and exposes advocates for their rights to the risk of censorship and financial penalties.”

    “This law is an anachronism in the European Union.”

    The law, as originally adopted on 14 July 2009, was criticized by Amnesty International and other international organizations, including the European Parliament, for containing homophobic and discriminatory provisions.

    In its original version the law prohibited the publication of “information which agitates for homosexual, bisexual and polygamous relations” in places, including schools, public spaces and media which are accessible to persons under 18 years of age.  

    In the light of international criticism and the misgivings of the Lithuanian President, the law was amended on 28 December 2010. All direct references to the promotion of homosexuality have been removed.

    However, the amended law now classifies any information which “denigrates family values” or which “encourages a concept of marriage and family other than stipulated in the Constitution … and the Civil Code of the Republic of Lithuania” as detrimental to children and consequently bans it from places accessible to them.

    As marriage is defined in Lithuanian law as the union of a man and a woman, any public promotion of same-sex partnerships, or advocacy for equality in marriage, would be prohibited under the new law.

    “The Lithuanian authorities must not implement the law which discriminates against gay and lesbian people and restricts their freedom of expression,” John Dalhuisen said.

  • Cuban human rights activist in maximum security prison must be released

    Friday 26 February 2010

    Amnesty International has adopted its 55th prisoner of conscience in Cuba and urged President Raúl Castro to release him immediately and unconditionally.

    Amnesty International today adopted its 55th prisoner of conscience in Cuba and urged President Raúl Castro for his immediate and unconditional release.

    Darsi Ferrer, Director of the ‘Juan Bruno Zayas’ Health and Human Rights Centre in Havana, has been detained for over six months since July 2009 on spurious charges of receiving illegally obtained goods, an offence normally bailed immediately.

    He has not been brought to trial and is being held in a maximum security prison in Havana intended for inmates who have been convicted of violent crimes.

    Although the offence with which Darsi is charged would normally be reviewed by a local magistrate, Darsi’s case is being handled by the General Prosecutor’s Office, fuelling the argument that his case is politically motivated.

    “The accusation against Darsi Ferrer is clearly a pretext. We believe he was detained as a punishment for his work to promote freedom of expression in Cuba,” said Gerardo Ducos, Cuba researcher at Amnesty International.

    “Darsi has been detained many times before in connection with his protest activities. Anyone charged with this crime would normally be awaiting trial on bail, not held in a maximum security prison. This is yet another attempt by the Cuban authorities to hinder the work of human rights activists in Cuba,” said Gerardo Ducos.

    Amnesty International adopted Darsi Ferrer days after the death of prisoner of conscience Orlando Zapata Tamayo on Monday. Orlando Zapata Tamayo was arrested in March 2003 and was serving a total sentence of 36 years. He was reported to have been on hunger strike for several weeks in protest at prison conditions.

    “It is really important that Amnesty International has declared Darsi a prisoner of conscience because the authorities have insisted he is a criminal prisoner – and that is not the case.” Darsi’s wife, Yusnaimy, told Amnesty International.

    “His imprisonment has been very difficult for me. It is really hard to see our son suffer, he was really close to his dad and he relies on him.”

    Darsi Ferrer and Yusnaimy were arrested without a valid warrant in Havana on 9 July 2009, hours before they were due to participate in a demonstration to promote freedom of expression.

    They were interrogated for several hours and Darsi Ferrer was handcuffed and beaten by eight police officers. They were released without charge several hours later.  

    On 21 July 2009, Darsi Ferrer was arrested again and told he was being taken to a police station to answer questions about building materials the police had confiscated during their previous detention. However, he was falsely detained and driven to a maximum security prison on the outskirts of Havana and was charged with receiving illegally obtained goods.

    Darsi Ferrer claims the building materials, two sacks of cement and some iron girders, were given to him by a colleague who had left the country and had not finished refurbishing his own house. The materials had been on the porch of the house in full view from the street months before the authorities came to confiscate them.

    “My husband is in prison because he is a person who fights for his ideals and convictions, not because of two bags of cement,” said Yusnaimy.

    “We are living in the dark, we don’t know how long he will stay in prison and this uncertainty is torturing us. As he has not been tried, we cannot be sure if he will stay in prison one more day or 20 more years.”

  • Violence and xenophobia on the rise in Côte d’Ivoire election campaign

    Thursday 25 February 2010

    Unrest across the country is linked to calls from supporters of President Gbagbo, for tens of thousands of “foreigners” to be excluded from the electoral roll.

    Amnesty International said it is concerned at the resurgence of electoral violence and xenophobia in Côte d’Ivoire, as supporters of the country’s president call for tens of thousands of “foreigners” to be excluded from the electoral roll.

    Opposition parties have denounced calls by supporters of President Laurent Gbagbo to exclude people suspected of being foreign nationals because they bear Muslim family names.

    President Gbagbo’s supporters meanwhile have condemned what they say are fraudulent attempts to add to the electoral roll over 400,000 people whose nationality has not been verified.

    “It is essential to put an end to this xenophobic discourse,” said Véronique Aubert, deputy director of Amnesty International’s Africa programme. “It is incumbent on the Head of State to clearly indicate that this incitement to hatred, denounced time and time again by the United Nations, will not be tolerated.”

    The presidential election is to take place this year after being postponed five times since 2005. It is hoped this will put an end to the crisis that began with the September 2002 armed uprising which split the country in two.

    The current wave of violence across the country is linked to the disputes over the electoral roll, with thousands of demonstrators taking to the streets.

    The security forces have repressed several demonstrations, particularly in the town of Gagnoa (in the centre-west of the country), where at least five demonstrators were shot dead on 19 February.

    On 3 February, several thousand protesters took part in marches in the town of Divo, 200km from the economic capital city Abidjan, in an attempt to prevent judges removing them from the electoral roll.

    The security forces opened fire on the demonstrators to disperse them, leaving eight wounded, including several with bullet wounds.

    Suspicions of fraudulent attempts to add names to the electoral roll, led President Gbagbo to dissolve the Independent Electoral Commission and the government on 12 February.

    Some opposition parties then called on their supporters to “oppose the Laurent Gbagbo dictatorship by every means possible”. This led to violence and vandalism against premises and goods belonging to the Front Populaire Ivoirien (FPI), Ivorian Popular Front, the Head of State’s political party.

    “All the ingredients that led to serious human rights violations in the past are present once again,” said Véronique Aubert.

    “With none of the main Ivorian political actors showing any sign of wanting to avoid a deterioration in the situation, it is incumbent on the international community, especially the United Nations and the mediator in the Ivorian crisis, Blaise Compaoré, president of Burkina Faso, to put pressure on all Ivorian politicians to prioritize respect for human rights.”

    The crisis that began with the September 2002 armed uprising, resulted in the de facto partition of the country between the south, controlled by supporters of President Gbagbo and the north, in the hands of the Forces Nouvelles (New Forces) the movement that came out of the armed uprising.

    Under pressure from the international community, especially the United Nations and its mediator in the Ivorian crisis, Blaise Compaoré, president of Burkina Faso, an Independent Electoral Commission was created and began to prepare the electoral roll.

    After he dissolved the Independent Electoral Commission and the government on 12 February, President Gbagbo reappointed his prime minister, Guillaume Soro, general secretary of the Forces Nouvelles, and asked him to form a government.

    Prime Minister Soro announced a new government on Tuesday including main opposition parties and said that a new electoral commission would be installed but so far no consensus has been reached on these two issues.

  • South Korea death penalty abolition set back by Constitutional Court ruling

    Thursday 25 February 2010

    In a five to four ruling, the Court stated that capital punishment did not violate “human dignity and worth” protected in the Constitution.

    Amnesty International said it was deeply disappointed by the South Korean Constitutional Court’s decision to uphold the death penalty on Thursday.

    In a five to four ruling, the Constitutional Court stated that capital punishment did not violate “human dignity and worth” protected in the Constitution.

    “This is a major setback for South Korea and runs counter to the current abolitionist trend in the country, which has not executed in over a decade,” said Roseann Rife, Asia-Pacific Deputy Programme Director at Amnesty International.

    Amnesty International considers South Korea to be abolitionist in practice, as it has not carried out any executions since President Kim Dae-jung took office in February 1998. President Kim himself had previously been sentenced to death in 1980. However, death sentences are still handed down with currently 57 people remaining on death row.

    Increasingly countries are moving away from using the death penalty as the ultimate punishment. More than 70 per cent of countries have a moratorium on executions or have abolished capital punishment.

    “Despite this ruling, we call on the South Korean government to retain the country’s abolitionist position and urge them to fully abolish this practice in the law. Any move backwards on this issue is extremely damaging to South Korea’s international reputation. An economic leader, the country also should lead by example by fully respecting every individual’s right to life,” said Roseann Rife.

    Amnesty International opposes the death penalty in all cases, as a violation of the right to life and the ultimate cruel, inhuman and degrading punishment. The death penalty is irrevocable, and there is always the risk that an innocent person will be executed.

    Furthermore, the death penalty is inherently arbitrary and discriminates against those who are poor, marginalized or belong to minority communities.

    The Constitutional Court of Korea was established in September 1988 and its functions include deciding on the constitutionality of laws, ruling on competence disputes between governmental entities, adjudicating constitutional complaints filed by individuals, giving final decisions on impeachments, and making judgments on dissolution of political parties.

  • World is ‘winning’ battle against death penalty despite setbacks

    Thursday 25 February 2010

    Speaking at an anti-death penalty summit in Geneva, Amnesty International’s interim Secretary General Claudio Cordone hailed global efforts but said more needs to be done.

    Amnesty International’s interim Secretary General has hailed recent global efforts to end the death penalty but warned that more needs to be done to achieve the goal of full abolition.

    Claudio Cordone told delegates at an anti-death penalty summit in Geneva that campaigners were “winning” the fight against capital punishment.

    “The day is coming when we can see an end to the death penalty worldwide. We must push on to consign the death penalty to join apartheid, slavery and torture as embarrassments to human history,” Cordone told members of the 4th World Coalition Against the Death Penalty on Wednesday.

    In 2009, for the first time in modern history, the whole of Europe was execution-free. Burundi and Togo became the 94th and 95th countries worldwide to entirely remove state killings from their law, while several other nations reduced – or stopped – executions.

    Among them was Pakistan, which carried out no executions in 2009 compared to at least 36 killings the year before.

    Other countries who did not execute in 2009 include Indonesia, India, Mongolia, Algeria, Bahrain, Morocco, Tunisia, Lebanon and Jordan.

    However, the progress was tempered by the use of executions for political purposes in Iran. China and Saudi Arabia also continued to carry out frequent executions, while Saudi Arabia and Iran continued to execute child offenders.

    “We don’t know exactly how many thousands of people are being executed in China, it’s still a shameful state secret,” said Cordone. “while in the USA we still see grotesque incidents such as the botched execution of a man who after two hours of failed attempts to kill him obtained a reprieve, now awaits a new date for his death.

    “Those countries which persist in pursuing such an obscene punishment are steadily isolating themselves from the international community, becoming a hard core that we need to challenge with increased assertiveness,” said Cordone, welcoming the cooperation between civil society, governments and intern-governmental organizations in the fight to rid the world of the death penalty.

    More than 1900 activists from over 100 countries were expected to gather at the World Congress Against the Death Penalty in Geneva on 24, 25, 26 February.

  • Zimbabwean union leader in hiding after police raid

    Wednesday 24 February 2010

    Gertrude Hambira fled after five men and one women who identified themselves as officers from the Criminal Investigation Department raided her office.

    Amnesty International has called on the government of Zimbabwe to end harassment and intimidation of a union activist who is in hiding after police raided a union office in Harare on Wednesday.

    Gertrude Hambira, Secretary General of the General Agricultural and Plantation Workers Union of Zimbabwe (GAPWUZ), fled after five men and one women who identified themselves as officers from the CID (Criminal Investigation Department) raided the union’s head office at about 12:30pm, looking for her.

    At the time of the raid Ms Hambira was out of the office. She is now in hiding and in fear for her safety.

    Staff at the GAPWUZ head office have since received several phone calls asking for details of Ms Hambira’s whereabouts.

    “The Zimbabwean police must immediately stop the harassment of human rights defenders including Gertrude Hambira,” said Veronique Aubert deputy director of Amnesty International’s Africa programme.

    “There actions are the latest in a series of persistent human rights violations that have continued despite formation of the Government of National Unity (GNU) in February 2009.”

    On Friday 19 February, Gertrude Hambira was called to a meeting at Police Headquarters in Harare with a panel of seventeen high ranking security officials from the Zimbabwe Republic Police, Army, Air force and the Central Intelligence Organisation.

    Ms Hambira attended with two colleagues and a lawyer. She was subject to an interrogation about a recent documentary and report published by GAPWUZ which highlight the plight of farm workers in Zimbabwe.

    During the interrogation the panel stated that the report and documentary contained very serious allegations for which Ms Hambira should be “behind bars”. Ms Hambira and her colleagues were eventually dismissed but the panel warned that they would call on her again.

    Gertrude Hambira has previously been the victim of harassment and intimidation as a result of her work to defend human rights, most recently in November 2009 when armed men forced their way into her home. At the time of the attack Ms Hambira was not at home but members of her immediate family were left terrified.

    Amnesty International on Wednesday again called on the GNU to halt on-going harassment of human rights defenders. Persecution of human rights defenders for their legitimate activities is a contravention of Article nine of the African Charter on Human and Peoples’ Rights.

    Amnesty International has documented consistent politicised and partisan policing by members of the Zimbabwe Republic Police (ZRP), in particular the Law and Order section, aimed at silencing the voices of human rights defenders.

    GAPWUZ support the rights of farm workers in Zimbabwe, raising their plight at national and international levels. Since 2000 tens of thousands of farm workers have suffered violent attacks and have been displaced from commercial farms.

  • Death of Cuban prisoner of conscience on hunger strike must herald change

    Wednesday 24 February 2010

    Amnesty International has urged President Raúl Castro to release all prisoners of conscience after Orlando Zapata Tamayo died in Havana on Monday.

    Amnesty International has urged Cuban President Raúl Castro to immediately and unconditionally release all prisoners of conscience after a political activist died following a hunger strike.

    Orlando Zapata Tamayo was reported to have been on hunger strike in protest at prison conditions for several weeks before his death in Havana on Monday.

    “The tragic death of Orlando Zapata Tamayo is a terrible illustration of the despair facing prisoners of conscience who see no hope of being freed from their unfair and prolonged incarceration,” said Gerardo Ducos, Amnesty International’s Caribbean researcher. “A full investigation must be carried out to establish whether ill-treatment may have played a part in his death.”

    Orlando Zapata Tamayo was arrested in March 2003 and in May 2004 he was sentenced to three years in prison for “disrespect”, “public disorder” and “resistance”.

    He was subsequently tried several times on further charges of “disobedience” and “disorder in a penal establishment”, the last time in May 2009, and was serving a total sentence of 36 years at the time of his death.

    “Faced with a prolonged prison sentence, the fact that Orlando Zapata Tamayo felt he had no other avenue available to him but to starve himself in protest is a terrible indictment of the continuing repression of political dissidents in Cuba,” said Gerardo Ducos

    “The death of Orlando Zapata also underlines the urgent need for Cuba to invite international human rights experts to visit the country to verify respect for human rights, in particular obligations in the International Covenant on Civil and Political Rights.”

    Orlando Zapata Tamayo was one of 55 prisoners of conscience who have been adopted by Amnesty International in Cuba.

    The majority were among the 75 people arrested as part of the massive March 2003 crackdown by authorities against political activists. With no independent judiciary in Cuba, trials are often summary and fall grossly short of international fair trial standards. Once sentenced the chances of appeal are virtually nil.

  • Concern at proposals for the European Court of Human Rights to charge fees

    Wednesday 24 February 2010

    At a Council of Europe meeting last week, member states voiced support for proposals that individuals should pay to file an application with the Court.

    Amnesty International has expressed concern at the recent support given by European ministers to proposals that individuals should pay to file an application with the European Court of Human Rights.

    While Amnesty International welcomed the commitment of Ministers to enhance protection of human rights in their countries, the organization said it is concerned at support expressed for measures that would impede people’s access to the Court.

    “A proposal to charge fees for filing an application, which received some support, could curtail access to the Court for people in Europe who are unable to pay the Court fees. Equality before the law and access to an effective remedy are rights that states simply cannot sell out.” said Jill Heine Amnesty International’s Legal Advisor for Europe.

    “Some ministers recommended that states provide more resources for the Court’s operation and we are hopeful that member states will support this call,” said Jill Heine.

    Ministers of the 47 member states of the Council of Europe met on 18-19 February in Interlaken Switzerland  and adopted an Action Plan aimed at addressing the Court’s massive backlog and caseload.

    The European Court of Human Rights is the ultimate court of redress for individuals claiming violations of their rights under the European Convention on Human Rights. 

    Since being set up in 1959, the Court has delivered some 10,000 judgments ruling that governments have failed to honour their obligations under the European Convention on Human Rights.

    Its current resources are stretched by an increasing backlog of cases (more than 110,000 are now pending) and the large number of applications it receives (more than 50,000 last year).

    The Action Plan adopted at Interlaken includes recommendations to states to take measures to ensure enhanced respect for human rights and effective remedies for human rights violations at home.  If states fully respected human rights the court would not be facing such a overwhelming backlog of cases.

    It also recommends measures that states, the Committee of Ministers (the main decision making body of the Council of Europe) as well as the Court itself should take to reduce inadmissible applications and repeat violations of the Convention, and ensure that the Court can render judgments on human rights more quickly where possible.

    “We’re hopeful that the Interlaken Conference and the Action Plan adopted will serve as a catalyst for better human rights protection throughout Europe and that the Court will be enabled to continue its essential function as a guarantor of human rights of the 800 million people in Europe. Whether this comes to pass will depend on action taken and decisions made by states in the next two years,” said Jill Heine, Legal Advisor at Amnesty International.

  • Nicaragua abortion law puts pregnant cancer victim at risk

    Tuesday 23 February 2010

    Amnesty International urges the Nicaraguan authorities to provide a pregnant woman with cancer treatment that is currently being withheld because of a law that bans abortion. 

     

    Amnesty International has called on the Nicaraguan authorities to provide cancer treatment to a pregnant woman that is currently being withheld because of a law that bans abortion in all circumstances.

    Amalia (not her real name), 27, is 10 weeks pregnant and was diagnosed, on 2 February, with cancer which may have already spread to her brain, lungs and breasts.

    The Nicaraguan authorities are impeding doctors from providing cancer treatment to her while she is pregnant because medical staff could face prosecution if they cause harm to the foetus during her treatment, even if the harm is caused unintentionally.

    “It is shocking that Nicaragua would deny a cancer patient potentially life saving treatment because she is pregnant,” said Esther Major, Central America Researcher at Amnesty International.

    “Amalia’s situation reveals the impact of this law and demonstrates the urgent need to repeal this draconian ban which prevents the delivery of timely care and impedes sound medical judgment.

    “Each day is critical for Amalia’s chances of survival and the Nicaraguan authorities must take immediate steps to provide her the full range of health care appropriate to treat her cancer.”

    Doctors treating Amalia have refused to use radiotherapy and chemotherapy because they fear prosecution.

    Amalia is also the sole carer of her 10-year-old daughter. In December 2009 Amalia sought treatment in a local clinic for breathing problems, fever, nausea and fainting. She was referred to a hospital for tests, where she has been hospitalised since 2 February. Her doctors said she required urgent chemotherapy and radiotherapy treatment but have not initiated any of these treatments because of fear of unintentional harm to the feotus.  

    “Nicaragua’s ban of therapeutic abortions is a human rights scandal that ridicules medical science and turns the law into a weapon against the provision of essential medical care to pregnant women and girls,” said Esther Major.

    In 2006, prior to the ban on abortion introduced,  21 Nicaraguan medical associations from across the spectrum of medical disciplines issued a joint public statement against the proposed total ban on abortion, with an explicit warning that health professionals’ ability to provide health care and practice their profession would be limited if the prohibition was passed.

    On 18 February Nicaraguan NGOs and the largest professional gynaecological association in Nicaragua asked the Inter-American Commission on Human Rights to request “special measures,” which would require the government to fulfil its legal obligations to protect Amalia’s right to life and health and ensure she is immediately provided with treatment which could save, or at least prolong, her life.

     “Nicaragua’s total ban on abortion is unlawful and the Nicaraguan government has also ignored the calls for the law criminalising abortion to be repealed by four United Nations expert treaty bodies, including the Committee Against Torture,” said Esther Major

    Two weeks ago 11 member states of the United Nations called on Nicaragua to amend its laws on abortion, due to the rise in maternal deaths and rape victims who are being compelled to carry pregnancies to term since the laws’ introduction.

    “A legal challenge to the constitutional basis for the law has also been before the constitutional section of the Supreme Court for over year,” said Esther Major.

    “Amnesty International is appalled at the Nicaraguan government’s refusal to respond to the pleas to change this cruel law.”

    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 the Demand Dignity section.

     

  • Somali journalist captured by al-Shabab must be released

    Tuesday 23 February 2010

    Radio correspondent Ali Yusuf Adan was taken after the broadcast of a report alleging that the armed group had killed a man in the Wanleweyn district.

    Amnesty International has called for the immediate release of a Somali radio journalist held by the armed group al-Shabab, apparently after a report was broadcast alleging the group had killed a man in the Wanleweyn district.

    Ali Yusuf Adan, a 47 year old correspondent for Radio Somaliweyn, is being held by the armed group in the port city of Merka, in southern Somalia.

    “Amnesty International fears for the safety of Ali Yusuf Adan, given the numerous human rights abuses committed by al-Shabab against civilians, including journalists”, said Erwin van der Borght, director of Amnesty International’s Africa programme.

    “Al-Shabab must immediately release him without harm, stop threatening journalists and respect the right of all Somalis to freedom of expression.”

    Ali Yusuf Adan was captured on 21 February in Wanleweyn, a town north-west of the capital Mogadishu controlled by the armed group,

    Al-Shabab has said that the journalist was held because he made a “mistake”.

    In the past few months the group has imposed drastic restrictions on journalists in an attempt to stifle information in areas they control.

    They have closed down radio stations, banned the airing of reports mentioning Somalia’s government and made intimidating statements against journalists.

    Many journalists who fled Somalia reported to Amnesty International that they did so after receiving death threats from individuals claiming to be members of al-Shabab.

    Nine journalists were killed in 2009 in Somalia; at least three of them were deliberately murdered.

    Two radio directors, Said Tahlil Ahmed and Mukhtar Hirabe, were killed in Bakara market last year, an area of Mogadishu controlled by al-Shabab militia.

    Although al-Shabab spokespeople have denied involvement in these killings, the group’s leaders have failed to publicly condemn attacks against the media and order their forces not to target journalists. .

    Al-Shabab currently controls vast areas of south and central Somalia, including major cities such as Merka, Kismayo and Baidoa, as well as districts of the capital Mogadishu.

    The internationally-backed Transitional Federal Government (TFG) of Somalia exercises authority only in part of the capital is repeatedly attacked by al Shabab and other armed groups and has not been able to establish a national justice system.

    Al- Shabab armed groups have grown out of the Islamic Courts Union, a movement that temporarily established control over Mogadishu and other areas in 2006.

    The Islamic Courts Union were militarily defeated by Ethiopian troops who intervened in Somalia in late 2006 to assist the Transitional Federal Government.

    After Sheikh Sharif Sheikh Ahmed, a former Islamic Courts Union leader, was appointed President of the TFG in January 2009, and Ethiopian troops left Somalia, al-Shabab and other armed groups have continued fighting against the TFG, claiming that it is allied to Western nations.

  • Israel compensation payment to UN ignores rights of Gaza victims

    Tuesday 23 February 2010

    Amnesty International has voiced its concern to Ban Ki-moon that reparations were accepted for UN buildings damaged in the conflict, while victims of the attacks have not been paid.

    Amnesty International has said it is concerned that the United Nations (UN) accepted US$10.5 million compensation from Israel for UN buildings damaged during last year’s Gaza conflict without securing compensation for any of the actual victims of the attacks.

    The UN announced on 22 January that it had received the compensation from the government of Israel after an investigation into Israeli attacks on UN personnel and buildings, set up by Secretary-General Ban Ki-moon last February.

    The UN said that, with this payment, the financial issues relating to the attacks examined by the investigation were “concluded”.

    However, the investigation’s report had specifically recommended that the UN seek compensation not only for UN personnel and civilians killed or injured in attacks on UN premises, but also for civilian victims of other attacks during the fighting.

    “Surely, the acceptance of this sum for damage to UN buildings can only be the first step in repairing the damage caused by the conflict,” said Amnesty International in a letter to Ban Ki-moon on Monday, sent by the organization’s interim Secretary General, Claudio Cordone.

    “The UN cannot ignore the lack of reparations to the hundreds of women, men and children who were killed, injured or the thousands who lost property during the Gaza conflict in attacks that violated international humanitarian law.”

    During Operation “Cast Lead”, the 22-day Israeli offensive in Gaza (27 December 2008 to 18 January 2009), some 1,400 Palestinians, including more than 300 children, were killed as a result of the Israeli offensive, hundreds of others were injured and thousands of homes were destroyed.

    Thirteen Israelis were killed, including three civilians killed by indiscriminate rockets fired into southern Israel by Palestinian armed groups.

    During the conflict, a number of UN premises and operations were hit in military strikes and damaged, including schools, a health centre, a field office and a UN convoy. In several of these attacks, UN staff and Palestinian civilians who were inside or near buildings at the time were killed or injured.

    On 12 February 2009, Ban Ki-moon set up a Board of Inquiry with limited terms of reference to investigate attacks on UN personnel and buildings in Gaza.

    The Board’s full report, which has not been made public, was submitted to Ban Ki-moon on 21 April, who subsequently released a summary of the findings.

    In all, nine incidents were examined by the Board, including the case of UNRWA Jabalia Preparatory Boys School, which was repeatedly hit by Israeli mortar strikes on 6 January 2009, killing more than 30 civilians, and the shelling of UNRWA Beit Lahia Elementary School on 17 January 2009 when two children sheltering in the school were killed.

    The Board found that the Israeli military had repeatedly breached the inviolability of the UN, did not make sufficient efforts to protect UN staff or civilians and, in a number of the cases examined, was responsible for damage done to UN buildings and injuries and fatalities caused by Israeli attacks.

    In one incident examined by the Board, it was found that Hamas or another Palestinian actor was responsible for damage to a World Food Programme warehouse near the Karni crossing point between Israel and the Gaza Strip.

    Amnesty International emphasized in the letter that the rights of victims of violations of international human rights and humanitarian law to a remedy, including full and effective reparations “cannot be waived by the UN”.

    Amnesty International urged Ban Ki-moon to make clear to the government of Israel that it has an obligation to ensure that victims of violations by Israeli forces that occurred during the conflict have immediate access to an effective remedy, including full and effective reparations.

    The organization said that Ban Ki-moon should call on Hamas to “provide reparations to the victims of violations by the armed wing of Hamas and other Palestinian armed groups” during the conflict.

  • Reform of security forces in Guinea must deliver justice for Bloody Monday massacre

    Publication Date: 
    Tuesday 23 February 2010

    A new Amnesty International report documents extrajudicial executions, torture and other ill-treatment carried out by particular units of Guinea’s armed forces last year.

    Teaser image: 

    Amnesty International Index Number: 
    AFR 29/001/2010
    AFR 29/002/2010

    Amnesty International on Wednesday warned that Guinea risks a new era of human rights violations if urgent reforms of the security forces do not take place and the perpetrators of last year’s massacre continue to escape justice.

    In a new report examining the “Bloody Monday” massacre on 28 September 2009 and its aftermath, Amnesty International outlines a series of reforms for Guinea’s security forces to ensure human rights are upheld in the West African country.  

    Guinea security forces killed more than 150 people and raped over 40 women during and following the protests. More than 1,500 people were wounded and many people went missing or were detained.

    At least two senior military officers named by the United Nations as potentially having individual criminal responsibility for events constituting crimes against humanity, remain in positions of influence in the Guinean Presidential Cabinet, despite the formation of a new transitional government.

    The report documents extrajudicial executions, torture and other ill-treatment, rape, sexual slavery and arbitrary detention carried out by particular units of Guinea’s armed forces – the gendarmerie – and police. It reveals how weapons and security equipment supplied from South Africa, France and elsewhere provided the tools for the crimes perpetrated on 28 September 2009.

    “Instead of facing justice for these crimes, the perpetrators of the Bloody Monday massacre remain in positions of authority, protected from prosecution,” said Gaëtan Mootoo, Guinea researcher at Amnesty International.

    “Reform of the security forces based on international human rights standards is urgently needed to avoid a repeat of the horrific events of last September. This has to be accompanied by justice for those responsible for the Bloody Monday massacre.” said Gaëtan Mootoo.

    Recent military assistance and training provided by China, France and other countries to Guinean military and security units responsible for “Bloody Monday” is disclosed in the report. This assistance was provided without adequate human rights safeguards, and despite these units’ decade-long history of human rights violations.

    Any future reforms of the Guinea security forces must establish respect for international human rights and humanitarian law, and must not permit impunity for security force members responsible for serious human rights violations. The international community should only assist in reforms if they are consistent with international law and standards.

    The French government announced on 16 February that it intends to resume military cooperation with Guinea. Any cooperation that involves technical assistance or training relating to military or security equipment, as it has done in the recent past, may contravene the current European Union arms embargo on Guinea.

    Amnesty International’s report details France’s wide-ranging programme of assistance to Guinea’s security forces. It raises serious concerns about a new programme of public order training assistance for the military junta’s major expansion of gendarmerie internal security units that began in 2009.

    The authorization of exports of tear gas and anti-riot weapons issued between 2004 and 2008, which have not been published or made known to the French parliament, is also highlighted.  

    “In the past, some governments providing military assistance have seemed more intent on protecting their interests with the Guinean authorities than protecting the human rights of the Guinean people. Any future assistance must be founded on international human right standards,” said Gaëtan Mootoo.

    Evidence of private companies and individuals based in Israel, United Arab Emirates and South Africa that were contracted to provide private military and security services to the Guinean government during 2009 is also highlighted.

    These companies and individuals denied unlawful activity, and refused to confirm to Amnesty International the nature of their security activities in Guinea.

    Evidence obtained by Amnesty International identifies some of these individuals in locations where a new youth militia, reportedly including children under 18 years of age, has been trained by foreign and Guinean trainers during late 2009. The report includes the first eye-witness accounts of this militia training programme.

    On Monday 28 September 2009, Guinean security forces inflicted excessive force, acts of violence, including sexual violence, and other gross violations of human rights against unarmed supporters of civil society organizations and political parties peacefully protesting at Conakry’s ‘Stade du 28 September’.
     
    The protests, organized by a group of political parties known as the Forces Vives, were against the head of state, Dadis Camara’s decision to stand in the forthcoming presidential elections.
     
    The majority of these gross human rights violations were carried out by members of the “Presidential Guard” and other parts of the Guinean army’s commando regiment, as well as by gendarmerie units and militiamen in civilian clothing, with alleged approval from the Guinean authorities.

    Acts of violence, albeit on a smaller scale, continued in the days following the protest, which plunged the capital Conakry into a state of fear.
     
    Since 2004, arms or training have been provided to Guinea’s security forces from China, France, Germany, Mali, Morocco, Nigeria, South Africa and the USA.

    Amnesty International is campaigning for an international Arms Trade Treaty to establish a legally binding standard that states will not authorise international transfers of arms or associated training if there is a serious risk that they will contribute to serious violations of international human rights or humanitarian law.

    On 19 February 2010, the deputy prosecutor of the International Criminal Court, Fatou Bensouda, said at the end of a three-day visit to Guinea that crimes against humanity were committed during Bloody Monday and its aftermath and that the ICC should continue with its preliminary investigation.

  • Swiss businessman held in Libya on politically motivated charges

    Tuesday 23 February 2010

    Max Goeldi, who began serving a four month prison sentence this week, is thought to be a pawn in a diplomatic row between the two countries.

    Amnesty International has called on the Libyan authorities to immediately release a Swiss businessman convicted of politically motivated immigration charges and to lift a travel ban imposed on him as a diplomatic row between the two countries continued.
     
    Max Goeldi left the Swiss embassy in Tripoli on Monday to begin serving a four month prison sentence for breaching immigration regulations.
     
    The move comes amid a dispute that began with the arrest in Switzerland in 2008 of the son of Libyan leader Mu’ammar al-Gaddafi accused of abusing domestic staff, who later withdrew their complaint.
     
    “Max Goeldi is a pawn in the diplomatic row between Switzerland and Libya. He has not been able to go home to his family since July 2008, when the row between the two countries started and has clearly been targeted because of his nationality. We consider him a prisoner of conscience – imprisoned for being from the wrong place at the wrong time,” said Hassiba Hadj Sahraoui, deputy director of Amnesty International’s Middle East and North Africa programme.
     
    Max Goeldi was also convicted of breaching commercial regulations on 6 February, and fined 1000 dinars (about US$800).
     
    However, the Libyan authorities are believed to have not communicated the exact charges to his lawyer in writing in advance of the trial proceedings, raising fears that his right to prepare an adequate defence had been breached.
     
    Rachid Hamdani, another Swiss citizen who had been cleared of charges of breaking commercial rules on 7 February, also left the Swiss embassy on Monday and was given permission to leave the country, according to media reports. Both men had taken refuge in the embassy several months ago.
     
    Hamdani had won an appeal against his conviction on immigration offences on 31 January.

    His lawyer said he had been granted an exit permit and that he was to travel to Tunisia. However, it is not clear whether he had left Tripoli.
     
    The two Swiss nationals were arrested twice previously in July 2008, and on 28 September 2009. On the latter occasion, they were detained incommunicado for over 50 days.
     
    Relations between the two countries soured significantly after the Swiss police arrested Hannibal al-Gaddafi, son of Libyan President Mu’ammar al-Gaddafi, and his wife on 15 July 2008 in Geneva.  
     
    The Libyan authorities decided to withhold entry visas to all European citizens covered by the Schengen agreement – a move affecting 24 countries in addition to Switzerland.
     
    That came following reports in a newspaper closely linked to Saif al- Islam al-Gaddafi, another son of the Libyan leader, that the Swiss government had banned 188 Libyan citizens, including Mu’ammar al-Gaddafi from entering the country.

  • Open letter to Iraq’s political leaders

    Monday 22 February 2010

    Amnesty International is appealing to the Iraq’s political leaders to ensure that both the election campaign and the vote on 7 March are conducted peacefully.

    As Iraq prepares to hold new parliamentary elections amid continuing controversy over the eligibility of many candidates, Amnesty International is appealing to the country’s political leaders to ensure that both the election campaign and the vote on 7 March are conducted peacefully and fully conform with Iraq’s obligations under international human rights law.

    The elections must not be used as an excuse for further violence
    Political leaders must demand that their supporters uphold the law and respect the rights of others, and help prevent the election being used to deepen the sectarian violence that has wracked the country in recent years. They must do all they can to ensure the safety and security of all Iraqis, without discrimination, and uphold their rights to freedom of expression, association and political participation in selecting those who will lead the country in the future.

    Amnesty International is also calling on all political parties and their candidates to commit to protecting and promoting human rights in their election manifestoes and in practice, if and when they are elected to office, in full conformity with Iraq’s obligations under international human rights law.

    Those responsible for suicide bombings and other attacks against civilians must immediately end such attacks, many of which appear to constitute crimes against humanity – crimes of the very gravest nature. Amnesty International condemns all attacks on civilians, utterly and unreservedly, and calls for their immediate cessation. There can be no justification whatever for such attacks.

    The following human rights concerns must be addressed by all political parties, their candidates, supporters and others:

    Safeguard civilians and their right to vote
    The protection of civilians is paramount during elections if voters are to feel assured that they can exercise their right to vote without fear and intimidation.

    Iraq’s civilian population has borne the brunt of the continuing violence that has ravaged the country in recent years and the record from previous elections is grim. Dozens of civilians were killed in attacks before the last provincial elections on 31 January 2009. The last national parliamentary elections, held on 15 December 2005, saw dozens of civilians killed in attacks by Sunni armed groups and Shi’a militias in the weeks before and during polling.  

    Amnesty International appeals to all political party leaders and to all religious and community leaders and other persons of influence to speak out against further violence, bloodshed and human rights abuses. They must demand that all Iraqis are able to decide freely and without fear how to exercise their right to vote.

    Protection of candidates and election workers
    Candidates, party political activists and election workers are among those most likely to be targeted for kidnapping and killing in the run-up to the elections.

    At least two candidates have already been killed. Soha ‘Abdul-Jarallah, a candidate on the list of former prime minister Iyad ‘Allawi, was gunned down as she left a relative’s house in Mosul on 7 February 2010. Sa’ud al-‘Issawi, a Sunni Arab and candidate for the Iraqi Unity Alliance (IUA), was killed with his two bodyguards at the end of December 2009 in Falluja by a magnetic bomb attached to their vehicle.

    Safa ‘Abd al-Amir al-Khafaji, the head teacher of a girls’ school in Baghdad’s al-Ghadi district was shot and seriously wounded by unidentified gunmen on 12 November 2009 soon after she announced that she would contest the elections as a candidate for the Iraqi Communist Party.

    ‘Ali Mahmoud, a staff member of the Independent High Electoral Commission (IHEC), the body responsible for overseeing the elections, was shot dead outside his house in al-Jadiriya district in Baghdad on 17 December 2009.

    Nine candidates were killed at the time of the last provincial elections and, at Mandali in Diyala governorate, two election workers were abducted and found shot dead only hours later. Several candidates were killed during the 15 December 2005 poll. For example, Mizhar al-Dulaimi, the leader of the Free Progressive Iraqi Party, was shot dead while campaigning in the centre of Ramadi on 13 December.  
        
    Amnesty International calls on the present government, the IHEC and all political party leaders to make every effort to ensure that candidates and elections workers are allowed to go about their legitimate activities freely and without fear or restraint, and are promptly provided with adequate protection whenever appropriate.

    Reporting the election: safeguarding journalists
    In recent years, Iraq has been one of the most dangerous countries in the world for journalists, many of whom have been targeted for abduction, assassination or other abuses. In 2008, at least 16 journalists and media workers were reported to have been killed; in 2009, at least four were killed.

    During the provincial elections of 2009 journalists were subject to harassment, arrest and assault while covering the elections, including by Iraqi security forces and the US military. Some were arrested and held for hours; others were reported to have been prevented from entering polling stations – for example, in Falluja and in al-Hilla – although they had been officially accredited by the IHEC. In Mosul, Iraqi soldiers reportedly fired on journalists’ vehicles.

    Before and after the July 2009 elections for the Kurdistan regional parliament, several journalists were assaulted, including Nebaz Goran, editor of Jihan, an independent magazine, who was attacked by three unidentified men outside his office in Erbil.

    Preventing journalists from reporting on elections inevitably increases the risk of election fraud and rigged voting and deprives the public of information to which they have a right to know.

    Amnesty International urges all Iraqi political leaders to uphold the right to freedom of expression enshrined in Article 19 of the Universal Declaration of Human Rights: (“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information”), and to uphold the right of all journalists legitimately to exercise their profession without hindrance and fear of harassment.

    Commitment to protect and promote human rights
    All political parties and their candidates must recognize that respect for human rights and international law is a fundamental obligation. They must commit to building peace, tolerance and respect for human rights if elected, including upholding the rule of law by committing to ending arbitrary detentions, torture and other ill-treatment, unfair trials, the use of the death penalty and impunity for those responsible for human rights violations.

    They must also ensure that Iraqi legislation is made fully compatible with international human rights law, including legislation relating to women’s rights, and is enforced in practice in accordance with Iraq’s obligations under international law.

    Political parties, candidates and all others with influence, including religious and community leaders, must speak out about the need to protect and safeguard the rights of those most vulnerable. This includes women, who remain subject to legal and other discrimination and violence, and others who are subject to persecution because of their religious, ethnic or sexual identity.

    In Mosul, for example, at least 14 members of the Christian minority have been killed in targeted attacks since early December 2009 as political tensions rise further ahead of the 7 March poll. A spate of recent bomb attacks by armed groups appear to have been deliberately targeted in an attempt to fuel the sectarian divide and further violence between Sunni and Shi’a Muslims.

    Amnesty International urges that all Iraqis, including members of ethnic and religious minority groups, must be free to cast their votes without any pressure or intimidation.

    Women play a transformative role in building and supporting a non-sectarian society. To counter threats to women in conflict-affected situations, the UN Security Council adopted Resolution 1325 urging states to ensure increased participation of women in conflict resolution and peace-building processes, as well as development and reconstruction.

    Ending abuses by armed groups
    Amnesty International demands that all armed groups immediately cease and desist from carrying out attacks on civilians. Many of these attacks constitute crimes against humanity, crimes of the gravest magnitude under international law. Such crimes cannot be justified under any circumstances. Those responsible must be brought to justice.

    Thousands of civilians, including women, children and members of religious and ethnic minority groups, have been killed as a result of suicide and other attacks carried out by armed groups. Hundreds, possibly thousands, of civilians have also been abducted, tortured and killed by armed groups.

    Many bombings and other attacks on civilians have been carried out by al-Qa’ida in Iraq and its allies among Sunni armed groups. Other attacks and abuses have been committed by armed militias, some of which are linked to Shi’a political parties represented in the current government and parliament. Amnesty International continues to call for these armed militias to be disbanded.

    All attacks on civilians must cease forthwith. The Iraqi people must be allowed to live their lives in peace and security and be allowed to enjoy and exercise their human rights freely and without fear.

    Amnesty International urges all political leaders and activists, and all religious, community, business and other leaders and people of influence in Iraq to speak out and commit to the achievement of this objective.

  • Indigenous Peoples struggle to survive in Colombia

    Publication Date: 
    Tuesday 23 February 2010

    A new Amnesty International report details an increase in attacks on Indigenous Peoples by guerrilla groups, the security forces and paramilitaries.

    Teaser image: 

    Amnesty International Index Number: 
    AMR 23/001/2010

    Amnesty international on Tuesday denounced an increase in attacks against Indigenous Peoples across Colombia during 2009, which is leaving many communities struggling for survival.

    The organization blamed guerrilla groups, the security forces and paramilitaries for the abuses – which include killings, enforced disappearances and kidnappings, threats, sexual abuse of women, recruitment of child soldiers, forced displacement and persecution of Indigenous leaders.

    “Indigenous Peoples are increasingly under attack in Colombia,” said Marcelo Pollack, Colombia Researcher at Amnesty International. “They are being killed and threatened, forced to participate in the armed conflict, and being kicked out of their lands.

    “It is time for the Colombian government to take its obligations seriously and take immediate action to protect Indigenous Peoples.”

    According to figures from the National Indigenous Organization of Colombia, at least 114 Indigenous women, men and children were killed and thousands forcibly displaced in 2009 alone.

    Amnesty International also said crimes committed against Indigenous Peoples are rarely investigated by the authorities.

    Thousands of Indigenous Peoples have been forced off their land because they often live in areas of intense military conflict and rich in biodiversity, minerals and oil. Many other Indigenous communities have been unable to leave their territories because armed groups have laid landmines in surrounding areas.

    Access to food and essential medicines has also been blocked by the warring parties, who often argue such goods are destined for the enemy. All parties to the conflict have occupied schools and used them as military bases, while teachers continue to be vulnerable to physical attack, denying Indigenous communities access to education.

    “Unless the authorities take speedy action to protect Indigenous Peoples in Colombia there is a real risk that many will disappear,” said Marcelo Pollack.

    The Awá Indigenous People accounted for more than half of all killings of Indigenous Peoples during 2009.

    They collectively own the land and rivers of the resguardo (Indigenous reservation) of El Gran Rosario in Tumaco Municipality, in the south-western region of Nariño.

    The area is of strategic importance for the parties to the conflict. FARC and ELN guerrillas, paramilitary groups, the security forces and drug-trafficking gangs are all active in the area.

    On 26 August 2009, 12 Awá, including six children and an eight-month old baby, were killed and several more injured by gunmen wearing military uniforms and hoods who attacked the community at 5am. Among those killed were Tulia García and her sons. Tulia García had been a witness to the killing of her husband, Gonzalo Rodríguez, by army soldiers on 23 May 2009 and had subsequently received threats.

    Following the August massacre, 300 Awá, including 100 children, fled to the town of Tumaco, leaving their homes, belongings and livelihoods behind. Weeks after arriving in the town, people were still living in shelters they had built themselves or sleeping out in the open. Food and water were scarce and there were no sanitation facilities.

    On 4 February 2009, 15 Awá, including two pregnant women, were killed by FARC guerrillas in Barbacoas Municipality in the department of Nariño.

    Amnesty International called on those participating in the conflict, including guerrilla groups and the Colombian security forces, to respect the rights of Indigenous Peoples not to be dragged into hostilities and to respect the territories in which they live and depend upon for their livelihoods.

    Colombia’s 40 year long armed conflict has affected millions across the country and left tens of thousands dead, tortured and forcibly disappeared. The vast majority of victims are civilians.

    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 the Demand Dignity section.

     

     

     

     

     

  • Mexico must investigate US journalist’s death

    Friday 19 February 2010

    Amnesty International has urged an investigation into the death of US
    video journalist Brad Will after the political activist wrongly accused
    of the killing was released.

    Brad Will was killed in Oaxaca on 27 October 2006.

    Brad Will was killed in Oaxaca on 27 October 2006.Amnesty International has urged an investigation into the death of US video journalist Brad Will after the political activist wrongly accused of the killing was released.

    The organization welcomed the release of Juan Manuel Martinez after he won an appeal. It also demanded an investigation into the abuses committed by the security forces during violent political protests in the Mexican state of Oaxaca in 2006 when Brad Will and at least 17 others, most of them political activists, were killed.

    “This release was long overdue,” said Kerrie Howard, Americas Deputy Director at Amnesty International. “Juan Manuel has been used as a scapegoat by the Mexican authorities to claim there has been progress in the investigation around Brad Will’s death.“

    A Mexican Federal Court today ordered the release of Juan Manuel Martinez due to lack of evidence. He had been wrongly detained since 2008. Witnesses to Brad Will’s killing have also been falsely implicated and face criminal prosecution.

    Amnesty International believes the arrest was the result of a deeply flawed investigation by the Office of the Federal Attorney General (PGR). It insisted Brad Will was shot at close range even though independent forensic tests showed the shot came from a distance.

    The need to resolve the case became paramount after the US Congress made it a condition for the release of some of the funding to the Merida Initiative – a major regional bi-lateral security co-operation and assistance programme.

    “The scape-goating of Juan Manuel amounts to a serious misuse of the criminal justice system which prevented a proper investigation and ensured the real perpetrator of Brad Will’s killing is still at large,” said Kerrie Howard. "Juan Manuel’s safety must be guaranteed and he must receive appropriate compensation for the unnecessary suffering he has experienced as a result of his wrongful imprisonment by the authorities."

    No one has been brought to justice for any of the killings that took place during the Oaxaca protests in 2006. The PGR looked into seven of these cases, but in February 2008, it informed the families of the victims that the investigations were to be shelved on grounds of lack of evidence.

    The family of Brad Will, Physicians for Human Rights, and the National Human Rights Commission have all highlighted the flaws in the PGR investigation, including the use of incorrect  forensic evidence, and the failure to conduct a full and impartial investigation.

    Juan Manuel Martinez was a sympathizer of the Asamblea Popular de los Pueblos de Oaxaca (APPO) Popular Assembly of the People of Oaxaca, an umbrella organization which led political protests in Oaxaca in 2006, and supported an opposition party during municipal elections in Santa
    US video journalist Brad Will was filming a confrontation between protesters and local police when he was shot.

    Demand justice for killing of journalist in Mexico (Appeal for Action, 23 October 2009)

  • Syrian woman arrested after writing politically charged novel

    Thursday 18 February 2010

    Raghdah Sa’id Hassan, a 38 year old female Syrian independent activist and writerAmnesty International has called for the release of a Syrian writer who was arrested last week after she wrote a novel that describes the political situation in the country during the 1990s.

    Raghdah Hassan has been held incommunicado since she was seized on the Syrian side of the Al ‘Arida border crossing with Lebanon on 10 February. She is at risk of torture and other ill-treatment.

    Her unpublished first and only novel, The New Prophets, tackles political issues through a love story involving two Syrian prisoners.

    Three days after Hassan’s arrest, her currently unoccupied flat was ransacked and a paper print-out of the novel was confiscated. Several opposition political publications were also taken in the search, thought to have been carried out by Syrian security forces.

    “We suspect that Raghdah’s arrest is related to her intention to publish a novel about sensitive political issues, as well as to suspicions that she is active in an opposition party,” said Philip Luther, Amnesty International’s Deputy Director for the Middle East and North Africa.

    Amnesty International understands that Raghdah Hassan is now being kept at the Political Security branch in Tartus, a city on Syria’s Mediterranean coast. Political Security is one of several security forces involved in the arrest, detention and questioning of people accused of political offences. The Syrian authorities have not revealed the reasons behind Raghdah Hassan’s arrest or any charges brought against her.

    “Raghdah Hassan appears to be a prisoner of conscience, detained solely for the peaceful exercise of her right to freedom of expression, and if this is the case she must be released immediately and unconditionally,” said Philip Luther.

    Raghdah Hassan was questioned by Political Security on several occasions towards the end of 2009, including when they visited her at home and at work. The authorities demanded she sign a statement promising she would not publish the novel but she refused to do so.

    The 38-year-old was previously detained without trial or charge for two and a half years, between 1992 and 1995, for her alleged membership of the Communist Action Party (CAP). In 1995, she was brought before the Supreme State Security Court (SSSC) and acquitted. This period of her detention inspired The New Prophets.

    Freedoms of expression and association are strictly controlled in Syria, aided by “state of emergency” laws which have been in force since 1964. Only the Ba’ath Party and some parties linked to it are officially recognized as political parties in Syria and human rights organizations are not authorized to operate.

    Political activists, human rights defenders, bloggers and government critics face constant harassment, arbitrary arrest and detention. In March 2009, pro-reform activist Habib Saleh was sentenced to three years in prison by for “weakening nationalist sentiment” and spreading “false news” after he criticized the government on the internet.

    Image: Raghdah Hassan. Copyright: Private 

  • Intimidation of Rwandan opposition parties must end

    Thursday 18 February 2010

    Amnesty International has urged the country’s president, Paul Kagame, to show commitment to freedom of expression following an attack on on two members of United Democratic Forces.

    President of Rwanda Paul Kagame

    Amnesty International has strongly condemned a worrying attack on a Rwandan opposition group as the country prepares for presidential elections in August 2010.

    In a letter to Rwandan President Paul Kagame, Amnesty International urged him to use the elections as an opportunity to show the government’s commitment to freedom of expression, association and peaceful assembly.

    "Past elections have been marred by intimidation, however this year’s vote gives Rwanda the chance to promote rights not repression," said Amnesty International’s Africa Programme Deputy Director Tawanda Hondora.   

    The letter was prompted by a recent attack on two members of United Democratic Forces (Forces Démocratiques Unifiées, FDU-Inkingi) and harassment of the President of the Democratic Green Party of Rwanda (Parti Démocratique Vert du Rwanda, DGPR).   

    "Amnesty International is concerned that these recent incidents are part of a wider pattern of intimidation and harassment to discourage and discredit opposition groups," said Tawanda Hondora.

    On 3 February, Victoire Ingabire, president of the FDU-Inkingi, and her aide Joseph Ntawangundi were attacked in the capital Kigali while collecting documents needed for the party’s registration from a government building.

    During the attack Victoire Ingabire’s passport was stolen and Ntawangundi was severely beaten.
     
    Amnesty International has welcomed the police enquiry into the incident. However, Police Spokesman Eric Kayiranga confirmed, as of 15 February, that no charges were pressed and some of those arrested had been released.
       
    "Opening an investigation is a good first step," said Tawanda Hondora, "but an effective investigation must be prompt, impartial and bring those responsible for the attack to justice."
     
    Three days after the incident, the New Times alleged that Ntawangundi had been convicted of genocide in absentia in 2007 by a gacaca court – a community tribunal set up to try genocide cases. He was arrested the same day, 6 February, on charges of involvement in the 1994 genocide, which left as many as 800,000 ethnic Tutsi and moderate Hutu dead.
       
    A law criminalizing "genocidal ideology," whose terms are vague and ambiguous, was promulgated on 1 October 2008, unduly stifling freedom of expression. The offence is punishable by 10 to 25 years’ imprisonment.

    Victoire Ingabire, has regularly been denounced in media close to the government as being "negationist" of the genocide or "divisionist" for public remarks made since her return from exile in January 2010 calling for the prosecution of war crimes and crimes against humanity committed against Hutu by the Rwandan Patriotic Front (RPF).   

    The leader of the Ideal Social Party (PS-Imberakuri, PSI), Bernard Ntaganda, was also called before the Rwandan Senate to answer accusations of genocide ideology in late 2009.

    "Rwanda has an obligation to prohibit speech that constitutes incitement to discrimination, hostility or violence" said Tawanda Hondora, "but Rwanda’s laws on genocide ideology too often conflate legitimate political dissent with such incitement."

    Frank Habineza, the President of the Green Party, has also reported being threatened by a man he suspects to be a security agent on 4 February in a hotel in Kigali, the capital.   

    Habineza reported the incident to the police on 5 February and is awaiting further information on the status of investigations.

    Amnesty International has called on the Rwandan government to investigate the intimidation of opposition groups, bring those responsible to justice and take immediate steps to respect the rights to freedom of expression, freedom of association and peaceful assembly of opposition parties.

  • Malaysia urged to end brutal punishments after women caned

    Thursday 18 February 2010

    Three Muslim women were caned at a prison near Kuala Lumpur after the Shariah court system had  convicted them of having extramarital sex.

    Amnesty International has called on the Malaysian government to end caning after three women were subjected to the punishment following their conviction for extramarital sex.

    This is the first time women have been subjected to caning in Malaysia.

    Malaysian Home Minister Hishammuddin Hussein announced on Wednesday that three Muslim women were caned on 9 February at a prison near Kuala Lumpur. The women, along with four men, had been convicted of having extramarital sex in the Shariah court system, which has jurisdiction over Muslims in matters such as family law.

    "The caning of these three women is just the tip of the iceberg," said Donna Guest, Deputy Director of Amnesty International’s Asia-Pacific programme. "Since 2002 the Malaysian authorities have caned over 35,000 people, mostly non-Malaysians for immigration offenses."

    Most caning sentences in Malaysia are handed down by civil courts rather than Shariah courts. Amendments to the Immigration Act in 2002 stipulate caning for immigration offences, thus increasing the use of this punishment. In June 2009 the Malaysian government announced that they had sentenced 47,914 migrants to be caned since the amendments took effect.

    "These thousands of cases point to an epidemic of caning in Malaysia," said Donna Guest. "The Malaysian government needs to abolish this cruel and degrading punishment, no matter what the offence."

    The practice of caning can inflict severe physical suffering and leave damage and scarring for months. Such corporal punishment constitutes cruel, inhuman and degrading treatment, which is prohibited absolutely under international customary human rights law.

    In July 2009, the Shariah High Court in Pahang sentenced a Muslim woman, Kartika Sari Dewi Shukarno, to six strokes of the cane and a fine after she pleaded guilty to consuming alcohol in a hotel bar in December 2007. To date her sentence has not yet been carried out.