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Three men who were tortured and jailed after their forced return from Australia, are at risk of further abuse when they are returned to prison from hospital.
Amnesty International has called on the Sri Lankan government to ensure the safety of three men who have been tortured and jailed following their forced return from Australia in 2009.
Two of the men, Sumith Mendis and Lasantha Wijeratne, were transferred to a hospital to be examined by a judicial medical officer on 1 September amid claims that they were beaten and tortured following an alleged new attempt to migrate to Australia. It is not clear if they are still in hospital or have returned to prison.
All three are at risk of further abuse from guards and prisoners when they are returned to prison where Sumith's brother, Indika, is already being held.
"This is an appalling situation that calls into question the actions of both the Sri Lankan and Australian governments," said Madhu Malhotra, Amnesty International's Deputy Director for Asia.
"Both governments are culpable in the forced return and mistreatment these men have endured, and both must bear responsibility for the results of their policies and procedures."
Sumith Mendis and Indika Mendis were detained in 2009 at the Christmas Island detention centre after the boat they were crew members on was stopped by Australian authorities and found to be carrying Sri Lankan asylum-seekers.
They were deported to Sri Lanka and promptly arrested and handed over to the Central Investigative Department (CID).
Sumith Mendis was released, but Indika Mendis was tortured in CID custody, sustaining severe ear injuries before being transferred to the notorious Negombo prison where he was held for eight months.
On 14 August 2010, the brothers were arrested again, apparently on suspicion that they were again planning to migrate to Australia. Sumith Mendis was then tortured by the CID for six days, experiencing beatings and psychological abuse.
On 22 August, the brothers were taken to Negombo prison, along with Lasantha Wijeratne, another Sri Lankan who had also been deported from Australia and tortured in custody.
Following examination by a judicial medical officer, Sumith Mendis and Lasantha Wijeratne were transferred to the hospital.
They now face the risk of abuse by both prisoners and guards when they are again taken to Negombo prison unless authorities take the necessary steps to ensure their safety.
"The Sri Lankan Authorities must ensure that all three men are not subject to any more torture or ill-treatment, either at the hands of the CID or prisoners or guards in Negombo prison," said Madhu Malhotra.
"The Australian government must re-examine its claims that asylum-seekers returned to countries they are fleeing from are not subjected to torture and mistreatment."
Australia asylum suspension could harm world's most vulnerable (News, 9 April 2010)
Two of the men were detained on Christmas Island before their forced return to Sri LankaUp to six people, including two children, were reportedly killed in the capital Maputo on Wednesday during clashes between police and demonstrators.
Amnesty International has urged Mozambique’s police not to use live ammunition to disperse violent demonstrations in the capital Maputo unless lives are at risk.
According to media reports up to six people, including two children, were killed on Wednesday during clashes between police and demonstrators protesting the rising price of commodities in the country. The protests are continuing across the city.
“While we recognize that the police are trying to contain a violent protest, live ammunition - which amounts to lethal force - should not be used except when strictly unavoidable in order to protect life,” said Muluka-Anne Miti, Amnesty International’s Mozambique researcher.
Amnesty International calls on the Mozambique police authorities to ensure that police have non-lethal means of force at their disposal to control the situation and disperse the demonstrators.
A text message has been circulating in Maputo encouraging demonstrators to continue their protests till Friday, according to information obtained by Amnesty International.
According to a recent Amnesty International report at least 46 people were unlawfully killed by the police in Mozambique between January 2006 and the end of 2009.
“The government must conduct an impartial and independent investigation in the circumstances surrounding today’s deaths and if people were killed unlawfully prosecute those responsible,” said Muluka-Anne Miti.
Despite repeated requests, the authorities have provided Amnesty International with very little information into investigations into police killings in Mozambique, including during visits to the country.
In some cases, Amnesty International was told that investigations were not carried out because the killing was presumed to be lawful.
International standards require an effective investigation be carried out into all cases of death or serious injury as a result of use of force or firearms by the police.
Human rights groups, including Amnesty International, have urged the Cambodian government to immediately release a human rights worker who was sentenced to two years in prison for giving out anti-government leaflets.
Human rights groups, including Amnesty International, have urged the Cambodian government to immediately release a human rights worker who was sentenced to two years in prison for giving out anti-government leaflets.
Leang Sokchouen, who works for the Cambodian League for the Promotion and Defense of Human Rights (LICADHO), was convicted on charges of "disinformation" on Monday after a trial marked by numerous procedural flaws.
Amnesty International, Human Rights Watch, the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT) have called or Sokchoeun’s release in a joint statement.
“This conviction once again highlights the lack of independence and impartiality of the courts, which are all too often used as a tool against the less powerful, rather than to uphold their rights,” said Donna Guest, Amnesty International’s Asia-Pacific deputy director.
Cambodian police arrested Sokchouen on 29 May on charges of involvement in the production and distribution of anti-government leaflets in Takeo province in January.
He was held incommunicado for over 33 hours, despite numerous requests by his family and lawyer to visit him. Sokchouen was given a US$500 fine, plus a two-year prison sentence.
“Unfounded charges of disinformation or defamation are well-worn tactics used by the Cambodian government to create a climate of fear,” said Phil Robertson, deputy Asia director at Human Rights Watch.
Souhayr Belhassen, FIDH President, added: “We reiterate our call to the Cambodian authorities to abolish the crimes of defamation and disinformation in Cambodian criminal law and ensure that the Criminal Code is not used to abusively restrict the right to freedom of expression.”
Eric Sottas, Secretary General of OMCT, urged the Cambodian authorities to free the activist.
“Leang Sokchouen should be immediately and unconditionally released as his detention is arbitrary and due process was blatantly violated throughout investigation and trial,” he said.
A new Amnesty International briefing points to serious gaps in the enforcement and monitoring of the ban on discrimination and segregation in the Slovak educational system.
Teaser image: Amnesty International Index Number: EUR 72/009/2010 EUR 72/004/2010Amnesty International has urged the Slovak government to immediately end the segregation of Romani children in the country's education system.
This practice leaves thousands of Romani pupils in substandard education in schools and classes for pupils with "mild mental disabilities" or ethnically segregated mainstream schools and classes.
In a briefing to the Slovak government, Steps to end segregation in education, Amnesty International points to serious gaps in the enforcement and monitoring of the ban on discrimination and segregation in the Slovak educational system.
"Romani children across Slovakia remain trapped in a school system that keeps failing them as a result of widespread discrimination. It deprives Romani children of equal opportunities and sentences them to a life of poverty and marginalization," said David Diaz-Jogeix, Amnesty International Europe and Central Asia Deputy Director.
"The Slovak government has much to do to end the segregation that has an impact on a large part of the country's population. Segregation in education means a life-long stigma for children whose future chances are brutally limited. It is a practice that does not belong to 21st century Europe and must be eliminated."
Segregation of Romani children takes various forms: special schools or special classes within mainstream schools designed for pupils with "mild mental disabilities" and mainstream Roma-only schools and classes.
While Roma are estimated to comprise less than 10 per cent of Slovakia's total population, they make up 60 per cent of the pupils in special schools, according to a 2009 survey.
In regions with high Romani populations three out of every four pupils in special schools are Roma. Eighty five per cent of the children in special classes in mainstream schools across the country are Roma.
The causes of segregation are complex and include entrenched anti-Roma attitudes as well as policy failures in the education system such as early and flawed child assessment and insufficient support for Romani children within mainstream education.
Widespread anti-Romani sentiment across the country expressed by non-Roma parents and educational professionals, has also led to segregation of Romani children even in mainstream schools and classes.
This has led to a situation in which Romani children are sometimes literally locked into separate classrooms, corridors or buildings to prevent them from mixing with non-Roma pupils.
The coalition government's programme adopted in August 2010, included the commitment to eliminate segregated schooling of Roma.
Amnesty International said it is concerned that this has not been followed by a clear and unequivocal statement by the head of government that ethnic discrimination and segregation of Roma is unacceptable and will be combated as a matter of priority.
"The idea that separate can be equal has been discredited. Slovakia cannot continue to deny its Romani children their right to education without discrimination," David Diaz-Jogeix said.
"The choices that the government makes now will affect the lives of thousands of Romani children. The government holds the key to allow the Roma in Slovakia full participation in Slovak and European society."
Amnesty International called on the Slovak authorities to:
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 pages
Read more:
Campaigning to end segregation of Romani children Slovak schools (Blog, 3 September 2010)
Take part in Amnesty International's photo petition for Roma children in Slovakia
Call on the Prime Minister of Slovakia to end the segregation of Romani children in schools
Amnesty International urges the country's parliament to reject a draft law, set to be debated this week, prohibiting the wearing in public of clothes which prevent identification.
Amnesty International has urged the Parliament of Bosnia and Herzegovina to reject a draft law, set to be debated on Wednesday, prohibiting the wearing in public of clothes which prevent identification.
"If adopted, such a law would violate the human rights of women who choose to wear a full-face veil as an expression of their religious, cultural political or personal identity or beliefs. It would violate their right to freedom of expression and religion," said Marek Marczynski, Amnesty International's researcher on Bosnia and Herzegovina.
"At the same time, a general ban on wearing full-face veils in public could result in some women being confined to their homes and unable to participate in public life."
The draft law envisages imposing penalties such as a fine of 100 KM (50 euro) or imprisonment between one and seven days.
The advocates of the law have been arguing that its adoption is needed in order to address security concerns, however they have failed to identify them.
However, Amnesty International said it believes that Bosnia and Herzegovina already has a legal framework which is able to address this issue.
Under international human rights law the exercise of the right to freedom of expression and to manifest religious belief can only be restricted when necessary and proportionate.
This may include certain clearly defined restrictions on the wearing of full-face veils if that is shown to be necessary for a legitimate purpose such as protecting public safety.
"Any such measures must be the least restrictive to achieve that purpose. For example, a requirement to show one's face in demonstrably high-risk locations or to lift a veil when requested by a police officer for a necessary identity check," said Marek Marczynski.
The draft law was proposed by the Serbian Alliance of Independent Social Democrats. It comes before the parliamentary elections scheduled for 3 October.
Amnesty International said it is also concerned that the law may have a negative impact on inter-ethnic relations in Bosnia and Herzegovina as it may be perceived by some Muslim citizens of the country as an attack on their identity.
"The authorities and politicians representing all nations in Bosnia and Herzegovina must work together to resolve all political issues in ways which are consistent with human rights standards," said Marek Marczynski.
It has also been asserted that some women may be wearing a full-face veil under pressure from their families or communities.
States are obliged under international law to protect women against pressure or coercion in their homes or communities to wear full-face veils.
However, they should do this by taking steps to combat gender stereotypes and discriminatory attitudes and, where appropriate, by intervening in individual cases through criminal or family law.
"Imposing bans on what people choose to wear is neither going to address the stated security concerns, nor will it help to combat gender discrimination in the country," said Marek Marczynski
Amnesty International has also opposed similar legislation in France, Belgium and other European countries.
France votes to ban full-face veils (News, 13 July 2010)
Spanish politicians urged to reject bans on full-face veils (News, 29 June 2010)
French politicians urged to reject ban on full face veils (News, 19 May 2010)
Belgium votes to ban full-face veils (News, 30 April 2010)
Amnesty International has welcomed the release of a Mexican indigenous human rights activist who was imprisoned for over two years on a fabricated murder charge.
Amnesty International has welcomed the release of a Mexican indigenous human rights activist who was imprisoned for over two years on a fabricated murder charge.
Raúl Hernández was acquitted by a judge in Guerrero State on Friday 27 August and immediately released.
“The release of Raúl Hernández is a very welcome step. The Mexican authorities must now investigate his unfounded prosecution and compensate him fully for his unfair imprisonment," said Rupert Knox of Amnesty International.
"The prolonged detention and prosecution of Raúl Hernández is part of a systematic campaign by the Mexican authorities against members of the Me'phaa Indigenous People’s Organization (Organización del Pueblo Indígena Me’phaa, OPIM) for standing up in defence of their people’s human rights."
Speaking after his release to Alberto Herrera, Executive Director of Amnesty International Mexico, Raúl Hernández said: "I want to thank Amnesty International and the people of many countries who worked for my freedom."
Amnesty International has been campaigning for Raúl Hernández’s release since November 2008 when he was adopted as a prisoner of conscience.
It believes that the case against him was a reprisal by local authorities for his legitimate activities promoting indigenous rights with the Me'phaa Indigenous People's Organization (Organización del Pueblo Indígena Me’phaa, OPIM).
On 17 April 2008, Raúl Hernández was one of five OPIM members wrongfully arrested and charged for the murder of Alejandro Feliciano Garcia on 1 January in the village of El Camalote, Guerrero State.
The other four; Manuel Cruz, Orlando Manzanarez, Natalio Ortega, Romualdo Santiago were later released after a federal judicial review.
The federal review judge refused to release Raúl Hernández arguing that two witnesses had testified to his presence during the time of the murder.
The judge ignored other eyewitness testimonies saying that Raúl Hernández was not present.
The case was returned to the state courts where Raúl Hernández's defence lawyers’ secured further evidential hearings, one of which confirmed that the prosecution’s eyewitnesses had provided unreliable testimony.
"The case of Raúl Hernández illustrates the vulnerability of human rights activists in Mexico. Not only are they victims of unlawful detentions and imprisonment on unfounded charges, but they also face harassment, intimidation, threats and even killings," said Rupert Knox
The southern state of Guerrero is home to about 116,000 Me’ phaa Indigenous People. It has one of the highest levels of marginalisation and some of the lowest indicators of human development in Mexico, according to local human rights organization Tlachinollan Centro de Derechos Humanos de la Montaña.
OPIM was founded in 2002 to defend and promote the rights of the Me’ phaa Indigenous People.
Amnesty International has documented a pattern of harassment and intimidation against members of Indigenous rights organizations in Guerrero state, such as the OPIM over a number of years.
Amnesty International calls for the eight men, all detained after taking part in a protest against poor safety conditions, to be tried by a civilian court for recognizable criminal offences.
Amnesty international has condemned the trial before an Egyptian military court of eight factory workers, all civilians, detained after taking part in a protest against poor safety conditions at the factory, following an explosion which killed one of their fellow workers.
The trial of the eight workers from Helwan Factory for Engineering Industries (Military Factory No. 99) resumes at the military court in Nasr City, in the east of Cairo on Saturday.
It is the first such trial since the authorities amended the Military Justice Code in June to allow workers in a military factory to be tried before a military court for “stopping work in utilities of public interest" and "assault on freedom to work”, preventing others from working.
"Trials of civilians before military courts, whose judges are serving members of the military, flout international standards of fair trial and are inherently unjust," said Amnesty International.
“Thousands of protests, strikes and sit-ins have been staged by Egyptian workers in both the public and private sectors, protesting the rising cost of living and demanding better wages and working conditions. This latest referral before military courts of workers is therefore a disturbing step.”
“These men should be tried by a civilian court for recognizable criminal offences, in line with international standards for fair trial or else they should be released.”
Seven of the men have been charged with deliberately stopping production, destroying factory property and assaulting a public official.
The eighth man is charged with "disclosing military secrets" and "contacting the media with information on the factory's security".
It is feared that the men are being prosecuted because they refused to work and halted production after an explosion killed one of their fellow workers.
Their lawyers told Amnesty International that they all deny the charges against them.
Since the opening of the trial on 22 August, the defence lawyers have not been allowed to obtain a copy of the case files and have only been allowed to read parts of the files because some of the documents are said to contain military secrets.
The demonstration against poor working conditions at the Helwan Factory for Engineering Industries took place on 3 August, after the explosion of a gas canister killed Ahmed Abdel Hadi and injured at least six other workers.
The eight defendants were among a group of 25 workers who were referred to the National Authority for Military Production for investigation on 8 August after promises by the factory’s administration that safety and working conditions would be improved.
The eight, Ahmed Taher Hassan, Ayman Taher Hassan, Ahmed Mohammed Abdel Mohaimen, Mohamed Tarek Sayed, Wael Baioumy Mohamed, Hisham Farouk Eid, Ali Nabil Ali, and Tarek Sayed Mahmoud were brought before the military prosecution, who ordered their detention before referring them to a military court for trial on 21 August.
"Rather than prosecute and try these men for what appears to be legitimate demands for their safety at work, the Egyptian authorities should do their utmost to improve working conditions and safety in the workplace" said Amnesty International.
In line with international law, Amnesty International opposes the trial of civilians by military courts. Such trials violate the right to a fair and public hearing before a competent, independent and impartial tribunal established by law as guaranteed in Article 14 of the International Covenant on Civil and Political Rights to which Egypt is a state party.
Military courts were established in Egypt under the Code of Military Justice (Law No. 25 of 1966). The Law was amended in April 2007, but the changes did not address the fundamental flaws inherent in trying civilians before military courts.
Amnesty International has criticized the Kenyan government for its failure to arrest Sudan’s President Omar al-Bashir during his visit to the country to join celebrations ushering in Kenya’s new constitution.
Amnesty International has criticized the Kenyan government for its failure to arrest Sudan’s President Omar al-Bashir during his visit to the country to join celebrations ushering in Kenya’s new constitution, viewing the refusal to arrest President al-Bashir as an obstruction of justice for victims in Darfur.
The President of Sudan is the subject of an arrest warrant by the International Criminal Court for genocide, crimes against humanity and war crimes in Darfur.
“Kenya has regrettably followed the example of Chad, which violated its obligations under international law by providing safe haven to President Bashir during his visit to the country last month,” said Michelle Kagari, Deputy Director in Amnesty’s Africa programme.
As Kenya has ratified the Rome Statute of the International Criminal Court, the national authorities are obliged to cooperate with the Court, including arresting persons it has charged.
Amnesty International regrets that African states – which led efforts to create the Court – last month undermined their commitment to international justice by renewing an African Union decision not to arrest President al-Bashir.
“We are calling on those 31 African states that have ratified the Rome Statute to support international justice and uphold efforts to deliver justice, in particular in countries like Sudan where victims have no prospect of justice before national courts.”
Amnesty International is calling on all members of the international community to ensure full accountability for international crimes committed in Sudan.
“Kenya’s failure to arrest President Bashir is a worrying indication of its unwillingness to cooperate with the International Criminal Court’s new investigations and future prosecution of crimes committed in Kenya during the post-election violence in 2007-2008,” said Michelle Kagari
“It is disturbing that the Kenyan government is celebrating a new constitution – the national centre-piece of the rule of law – while obstructing justice for victims of such serious human rights violations in a neighbouring country.”
A new Amnesty International report details how the ambiguity of the 'genocide ideology' and 'sectarianism' laws is used to suppress political dissent and stifle freedom of speech.
Teaser image: Amnesty International Index Number: AFR 47/005/2010Rwanda's new government must urgently review vague "genocide ideology" and "sectarianism" laws that are being used to suppress political dissent and stifle freedom of speech, Amnesty International said in a report released on Tuesday.
Safer to Stay Silent: The Chilling Effect of Rwanda's Laws on 'Genocide Ideology' and 'Sectarianism' details how the vague wording of these laws is misused to criminalize criticism of the government and legitimate dissent by opposition politicians, human rights activists and journalists.
"The ambiguity of the 'genocide ideology' and 'sectarianism' law means Rwandans live in fear of being punished for saying the wrong thing," said Erwin van der Borght, Africa Programme director at Amnesty International. "Most take the safe option of staying silent."
Amnesty International found that many Rwandans, even those with specialist knowledge of Rwandan law including lawyers and human rights workers, were unable to precisely define "genocide ideology". Even judges, the professionals charged with applying the law, noted that the law was broad and abstract.
In the lead-up to the 9 August presidential elections two opposition candidates were arrested and charged, among other things, with "genocide ideology". A newspaper editor was also arrested on the same charge.
The BBC and VOA have both been accused of disseminating "genocide ideology" by the government. These accusations led to the suspension of the BBC Kinyarwanda service for two months from April 2009.
At a local level individuals appear to use "genocide ideology" accusations to settle personal disputes. These laws allow for the criminal punishment even of young children under 12, as well as parents, guardians or teachers convicted of “inoculating” a child with “genocide ideology”. Sentences for convicted adults range from 10 to 25 years imprisonment.
The "genocide ideology" and "sectarianism" laws were introduced to restrict speech that could promote hatred in the decade following the 1994 genocide.
Up to 800,000 Rwandans were killed in the genocide, mostly ethnic Tutsi, but also Hutu who opposed the organized killing.
Amnesty International said that prohibiting hate speech is a legitimate aim, but the approach used by the Rwandan Government has violated international law.
The Rwandan government announced a review of the "genocide ideology" law in April 2010.
Amnesty International said that the government should also launch a review of the "sectarianism" law and demonstrate a new approach to freedom of expression in order to stem the chilling effect of past legislation.
The organization said that the Rwandan government must significantly amend the laws, publicly express a commitment to freedom of expression, review past convictions and train police and prosecutors on how to investigate accusations.
"We hope that the government review will result in a meaningful revision of the 'genocide ideology' and 'sectarianism' laws so that freedom of expression is protected both on paper and in practice," said Erwin van der Borght.
LISTEN:
Amnesty Internatonal's Africa Director, Erwin van der Borght, talks to the BBC's Today programme
Abdallah Abu Rahma, head of the "Popular Committee Against the Wall" in the West Bank village of Bil'in, now faces imprisonment for exercising his right to freedom of expression.
Amnesty International has condemned the conviction by an Israeli military court of a Palestinian non-violent political activist who has been detained since last December because of his involvement in protesting against the fence/wall which the Israeli authorities have been building largely on Palestinian land.
Abdallah Abu Rahma, head of the "Popular Committee Against the Wall" in the West Bank village of Bil'in, was found guilty of "organizing and participating in an illegal demonstration" and "incitement" by an Israeli military court on Tuesday.
He was acquitted of two other charges of "stone-throwing", and "possession of arms". He is expected to be sentenced within the next few weeks and could face up to 10 years in prison. He remains in custody awaiting sentence.
"In prosecuting Abdallah Abu Rahma, the Israeli authorities appear to be seeking to punish him and to deter others from participating in legitimate protests," said Malcolm Smart, director of Amnesty International's Middle East and North Africa programme.
"Abdallah Abu Rahma now faces imprisonment for exercising his right to freedom of expression in protesting against the construction of the fence/wall."
Abdallah Abu Rahma is a school teacher and well-known political activist who through peaceful means has sought to raise international awareness of the human rights violations suffered by Palestinians because of Israel's fence/wall.
The villagers of Bil'in, together with Palestinian, Israeli and international supporters, have been holding weekly demonstrations for the last five years in protest against the fence/wall and the confiscation of their land by the Israeli authorities for its construction.
The arrests of Abdallah Abu Rahma and other prominent activists against the fence/wall – including Mohammed Othman, and Jamal Juma' – have been part of a crackdown on those voicing their opposition to the construction of the fence/wall.
Mohammed Othman and Jamal Juma' were released uncharged in January 2010 following international appeals.
In 2008 the Bil’in Popular Committee was awarded the Carl Von Ossietzky Medal for Outstanding Service in the Realization of Basic Human Rights by the Berlin-based International League for Human Rights in Berlin.
The Israeli 700-kilometre fence/wall runs from north to south of the West Bank, encircling Palestinian villages as well as whole neighbourhoods in and around East Jerusalem.
Palestinians in the Occupied Palestinian Territories (OPT) are subjected to Israeli military laws including Order No. 101, “Order Regarding Prohibition of Incitement and Hostile Propaganda Actions” which was established shortly after the beginning of the Israeli occupation in 1967.
The order enables sweeping restrictions to be placed on freedom of expression, requiring any proposed gathering of 10 or more persons “for a political purpose of for a matter that could be interpreted as political” or even to “to discuss such a topic” to obtain a permit in advance from the commander of the Israeli military forces in the area.
This year there has been a dramatic increase in the use of the Order No. 101 particularly against Palestinians who organize demonstrations against Israel’s fence/wall.
The majority of the fence/wall is not built on the "Green Line" (the 1949 armistice line which separates the State of Israel from the occupied West Bank) but is located on Palestinian land inside the West Bank, separating Palestinian towns, villages, communities and families from each other and vital services, as well as cutting off Palestinian farmers from their land.
In June 2004 the International Court of Justice issued a unanimous advisory opinion stating that the construction of the wall in the OPT is contrary to international law and that Israel was obliged to dismantle sections already built there and provide reparation to Palestinians affected by the construction. The Israeli government rejected these recommendations.
When Palestinians, together with Israeli and international supporters, have demonstrated against the fence/wall, Israeli forces have often used excessive force against them. Some demonstrations are conducted peacefully; in others, some protesters throw stones at the Israeli military or attempt to damage the fence/wall.
Palestinian activist faces prison sentence (News, 11 June 2010)
Second Palestinian activist freed by Israel (News, 15 January 2010)
Palestinian activist Jamal Juma' freed (News, 13 January 2010)
Israeli detention of Palestinian activists must end (News, 8 January 2010)
Israel and the Occupied Palestinian Territories: Enduring occupation. Palestinians under siege in the West Bank (Report, 4 June 2007)
Around 280 Roma were returned to Romania and Bulgaria this week, as part of a plan to return around 800 people by the end of August.
Amnesty International has called on the French government to end the stigmatization of Roma and Travellers (Gens du Voyages) in France, as the authorities continue to dismantle around 300 irregular camps and return hundreds of people to Romania and Bulgaria.
Around 280 Roma were returned to their country of origin on Thursday, in addition to the 216 returned on 19 and 20 August. According to the French Minister of Immigration Eric Besson, around 800 Roma are to be returned by the end of August.
The measures followed a special ministerial meeting in July to discuss "problems related to the behaviour of certain Roma and Travellers in France".
During the meeting, French President Nicolas Sarkozy reportedly referred to irregular camps inhabited by Roma as "sources of criminality", allegedly including child exploitation and prostitution.
"French officials should be working to fight discrimination, rather than making inflammatory statements that link entire communities to alleged criminality and may lead to even further discrimination against Roma and Travellers," said David Diaz-Jogeix, Deputy Director of Amnesty International's Europe and Central Asia programme.
"Under no circumstances should anyone be returned or expelled simply because they are Roma."
In July, before the evictions started, around 20,000 Roma from Eastern and Central Europe were estimated to be residing in France, many of them in unauthorized camps.
Members of France's Traveller communities, the majority of whom are French citizens, have also been targeted by the announcement to close 300 irregular camps.
Around 400,000 itinerant French Travellers are already subject to discriminatory requirements to report periodically to the police and to be registered with a municipality for three years before acquiring the right to vote.
Under French law, all municipalities with more than 5,000 inhabitants must establish authorized halting sites for Travellers.
In April 2009 only 25 per cent of the municipalities had done so, resulting in an increase in the number of Travellers living in unauthorized halting sites.
"Instead of scapegoating Roma and Travellers, France should focus on fully implementing its own legislation and provide adequate halting sites and protection of the housing rights of all," said David Diaz-Jogeix.
Under international human rights law, the French authorities are obliged to guarantee the rights of all persons, including Roma and Travellers, to adequate housing. They cannot evict anyone from their home, even if it is in an irregular settlement, unless all other alternatives have been exhausted and they have consulted all affected residents.
Evictions can only be carried out when appropriate procedural protections are in place; adequate alternative accommodation provided; and relocated residents offered compensation for all losses.
Amnesty International has urged the French authorities to remove any provisions of French law which are discriminatory against Travellers, such as requiring them to carry travel permits and restricting their voting rights.
France urged to end stigmatization of Roma and Travellers (Public statement, 26 August 2010)
France president urged not to stigmatize Roma and Travellers (News, 23 July 2010)
Amnesty International has described the Indian government’s decision to reject the bauxite mine project in Orissa’s Niyamgiri Hills as a landmark victory for the human rights of Indigenous communities.
Amnesty International has described the Indian government's decision to reject the bauxite mine project in Orissa’s Niyamgiri Hills as a landmark victory for the human rights of Indigenous communities.
India’s Ministry of Environment and Forests today rejected the mine project proposed by a subsidiary of UK-based Vedanta Resources and the state-owned Orissa Mining Corporation, after finding that the project already extensively violates forest and environmental laws and would perpetrate abuses against the Dongria Kondh adivasi and other communities on the Hills.
"The Dongria Kondh and other local communities have been struggling for years for this decision, which is a very welcome one,” said Amnesty International's Asia-Pacific Deputy Director, Madhu Malhotra.
“The companies and the Orissa government should now guarantee that they will not attempt to simply move the project to another site without ensuring adequate safeguards - they must ensure they will respect the human rights of Indigenous and local communities wherever the companies operate.”
Amnesty International also welcomed the government’s decision to suspend the clearance process for the six-fold expansion of the Lanjigarh refinery at the foothills of Niyamgiri, operated by Vedanta subsidiary Vedanta Aluminium, after a government’s expert committee found it to be illegal.
“The authorities should order a clean-up of the Lanjigarh refinery, which has caused air and water pollution, seriously affecting the rights of neighbouring communities who are finding life there unbearable”, said Madhu Malhotra.
Amnesty International called on government authorities to establish a clear and transparent process that seeks the free, prior and informed consent of any Indigenous communities who may be affected by such projects, and respect their decision, in accordance with national and international law.
The Ministry-commissioned expert report that underpinned today’s decisions, documented the companies’ legal violations and human rights abuses. Its findings and the rejection of the project are consistent with Amnesty International's extensive report published in February 2010, Don’t Mine us out of Existence: Bauxite Mine and Refinery Devastate Lives in India.
For eight years, the Dongria Kondh and other communities in Niyamgiri have been protesting against bauxite mining plans by Vedanta Resources subsidiary, Sterlite Industries India, and the Orissa Mining Corporation.
The communities were concerned that the project, which would have been situated on their traditional sacred lands and habitats, would result in violations of their rights as Indigenous peoples to water, food, health, work and other rights to protection of their culture and identity.
“After years of struggle and visits by committees our voice has finally reached Delhi,” a Dongria Kondh leader today told Amnesty International.
India: Don't mine us out of existence: Bauxite mine and refinery devastate lives in India (Report, 9 February 2010)
The mine project would have seen abuses committed against the Dongria KondhThe Yemeni authorities must stop sacrificing human rights in the name of security as they confront threats from al-Qa’ida, Zaidi Shi'a rebels in the north, and address growing demands for secession in the south.
Teaser image: Amnesty International Index Number: MDE31/010/2010 MDE31/011/2010The Yemeni authorities must stop sacrificing human rights in the name of security as they confront threats from al-Qa’ida, Zaidi Shi'a rebels in the north, and address growing demands for secession in the south, Amnesty International said in a new report.
Yemen: Cracking Down Under Pressure documents a catalogue of human rights violations including unlawful killings of those accused of links to al-Qa'ida and Southern Movement activists, and arbitrary arrests, torture and unfair trials.
Yemenis accused of supporting the Huthis who are armed Zaidi Shi'a rebels in the northern Sa'dah region, or the Southern Movement, have also been targeted for arbitrary detention, unfair trials in specialized courts and beatings, together with journalists, dissenters, human rights defenders, and critics of the government.
Some have been subjected to enforced disappearance for weeks or months by largely unaccountable security agencies that report directly to Yemen’s President Ali Abdullah Saleh.
“An extremely worrying trend has developed where the Yemeni authorities, under pressure from the USA and others to fight al-Qa’ida, and Saudi Arabia to deal with the Huthis, have been citing national security as a pretext to deal with opposition and stifle all criticism.” said Malcolm Smart, Amnesty International's Director for the Middle East and North Africa Programme.
“All measures taken in the name of countering terrorism or other security challenges in Yemen must have at its heart the protection of human rights.”
The number of death sentences passed in trials of people accused of having links to al-Qa’ida, or to the Huthi armed group has noticeably increased. In 2009, at least 34 people accused of links to Huthi armed groups were sentenced to death.
The security forces have killed at least 113 people since 2009 in operations the government says target “terrorists”. Attacks have become more frequent since December 2009 with security forces in some cases making no attempt to detain suspects before killing them.
At least 41 people were killed, 21 of them children and 14 of them women, on 17 December 2009 when their settlement in al-Ma’jalah area in the southern district of Abyan was hit by missiles.
“The Yemeni authorities have a duty to ensure public safety and to bring to justice those engaged in attacks that deliberately target members of the public, but when doing so they must abide by international law,” said Malcolm Smart. “Enforced disappearances, torture and other ill-treatment, and extrajudicial executions are never permissible, and the Yemeni authorities must immediately cease these violations.”
“It is particularly worrying that states such as Saudi Arabia and the USA are directly or indirectly aiding the Yemeni government in a downward spiral away from previously improving human rights record.”
The Southern Movement is a loose coalition of individuals, political groups and other organizations advocating for greater rights for people in the south, with origins tracing back to the 1994 civil war between northern and southern Yemen. Many factions of the Movement now call for the south to secede from the rest of Yemen.
Huthis, followers of Hussain Badr al-Din al-Huthi in the region of Sa’dah, have been fighting the government since 2004 in what initially began as a protest at the US led invasion of Iraq, but developed into armed conflict particularly after the killing of their leader by the government.
The Specialized Criminal Court (SCC) was created in the name of ‘countering terrorism’ in 1999, its remit expanded in 2004, and three additional SCCs were then established in 2009. The SCC has been used to convict people such as journalists covering the conflict in Sa’dah, or grievances expressed by the Southern Movement.
Hundreds have been tried by the SCC since its establishment in 1999.
This court is now being used by the Yemeni authorities against a wide range of people whose activities or disclosures are considered hostile or harmful to the government.
Qassem Askar Jubran, former diplomat, and Fadi Ba’oom, political activist, were arrested in April 2009, charged with “harming the independence of the Republic” and “the unity of Yemen” and for organizing protests in aid of the Southern Movement. Both were sentenced to five years’ imprisonment in March 2010, and have since been released.
“All they have against him is involvement in the Southern Movement, writing in al-Ayyam newspaper, attending gatherings,” Salah Askar Jubran, Qassem’s brother told Amnesty International in March.
The creation of the Specialized Press and Publications Court (SPPC) in May 2009 was widely seen as a government attempt to suppress non-violent opposition and the expression of critical views in the media.
Anissa Uthman, a journalist working for al-Wassat newspaper, is among several journalists and editors tried by the SPPC. In her absence she was sentenced to three months’ imprisonment in January 2010 on charges of defaming President Saleh. According to reports, she was prosecuted because of articles she wrote criticizing the arrest and imprisonment of human rights activists.
Amnesty International has challenged the credibility of data cited by a senior UN official investigating oil-impacted sites in Ogoniland in the Niger Delta, Nigeria.
Amnesty International has challenged the credibility of data cited by a senior UN official investigating oil-impacted sites in Ogoniland in the Niger Delta, Nigeria.
A United Nations Environment Program (UNEP) official is reported to have said that 90 per cent of oil spills in Ogoniland were due to sabotage and criminal activity, and just 10 per cent due to equipment failure and negligence by companies such as Shell.
Amnesty International has challenged UNEP’s reliance on these figures, which were produced by Nigerian regulatory agencies that are known to depend heavily on the oil companies themselves when it comes to spill investigations.
“Relying on these figures would be a serious misjudgement, with potentially significant ramifications for those living in the Niger Delta,” said Audrey Gaughran, Director of Amnesty International’s Global Thematic Issues Program. “UNEP must be aware that the figures have been strongly challenged for years by environmental groups and communities. They are totally lacking in credibility.”
“The people of the Niger Delta have been lied to and denied justice for decades. The issue of oil spill causation is sensitive. If UNEP is going to comment on the cause of oil spills it should do so only on the basis of hard and credible evidence, not figures that are a source of conflict.”
In June 2009 an Amnesty International report on the human rights impacts of oil pollution concluded that the oil spill investigation system in the Niger Delta was totally lacking in independence, and was inadequate to determine the proportion of oil spills caused by sabotage, as opposed to equipment failure. Amnesty International found that in many cases oil companies have significant influence on determining the cause of a spill. The report documents examples of cases where Shell claimed the cause of a spill was sabotage, but the claim was subsequently questioned by other investigations or the courts.
Amnesty International has called for independent oversight of the oil industry in the Niger Delta, including disclosure of all relevant information on the causes of oil pollution.
Between 1989 and 1994 Shell itself estimated that only 28 percent of oil spilt in the Niger Delta was caused by sabotage. In 2007 Shell's estimate had risen to 70 per cent. The figure now given by Shell has increased to more than 90 per cent. Amnesty International has repeatedly asked Shell to produce evidence to support these figures. Shell has been unable to do so.
“While sabotage and vandalism are serious problems, there is no evidence to support the figures offered by oil companies and the Nigerian government agencies,” said Audrey Gaughran.
Nigeria: Petroleum, Pollution and Poverty in the Niger Delta (Report, 30 June 2009)
An Amnesty International report criticised the oil spill investigation system in the Niger DeltaConvicted after an unfair trial of attempting to assassinate the country's President, the men were sentenced and immediately executed without the opportunity to appeal.
Amnesty International on Monday condemned the execution of four men in Equatorial Guinea, all convicted of attempting to assassinate the country’s President.
José Abeso Nsue, Manuel Ndong Anseme, Alipio Ndong Asumu and Jacinto Michá Obiang were executed on 21 August immediately after being convicted by a military court in the country's capital Malabo.
“These men were convicted after an unfair trial, sentenced to death and executed with chilling speed without having the slightest opportunity to appeal their sentence,” said Erwin van der Borght, Africa Director at Amnesty International.
The four men had been living as refugees in Benin for many years, when Equatorial Guinean security forces abducted them in January 2010.
The former military officers were then secretly detained in Black Beach prison in Malabo, where they reportedly “confessed” to the attack on the presidential palace on 17 February 2009.
Amnesty International received reports that they had been tortured in detention, forcing them to “confess” to taking part in the alleged attack.
“Equatorial Guinea must put an end to the abductions, torture and executions it currently carries out under the pretence of justice,” said Erwin van der Borght.
José Abeso had reportedly asked to see his family when the sentence was passed but when his wife and son arrived at Black Beach prison an hour later he had already been executed.
Equatorial Guinean authorities initially blamed the presidential palace attack on Nigerian armed group Movement for the Emancipation of the Niger Delta, who denied responsibility.
Scores of Nigerians were rounded up, imprisoned and expelled from Equatorial Guinea following the incident. Seven Nigerian fishermen and traders, who had been arrested at sea, were in April 2010 sentenced to 12 years in prison for attempting to assassinate the president.
Two Equatorial Guinean members of the opposition party People’s Union (Unión Popular – UP), who were tried along with the Nigerian nationals, were acquitted in April. Despite their acquittal, Marcelino Nguema and Santiago Asumu were last week convicted on the same charges and were on 21 August sentenced by the Malabo military court to 20 years and one day in prison.
“Marcelino Nguema and Santiago Asumu were tried twice on the same charges in a clear violation of international law. We consider them prisoners of conscience and are calling for their immediate and unconditional release,” said Erwin van der Borght.
Equatorial Guinea has been criticised by the UN for abducting Equatorial Guinean refugees from neighbouring countries and holding them in secret detention.
If passed, the amendments would remove the death penalty from white collar crimes such as tax fraud, which already rarely receive the punishment.
Amnesty International has warned that proposed reforms of China's application of the death penalty may not result in significantly fewer executions.
Chinese government news agency Xinhua reported on Monday that proposed amendments to China's criminal code may see the death penalty removed from 13 out of 68 crimes that currently carry the punishment.
The draft amendments are working their way through numerous readings in China's legislative chamber.
"Although we would welcome any reform that would in practice decrease executions in China, we are not yet convinced that these legal revisions will have a significant impact," said Catherine Baber, Amnesty International's Deputy-Director for the Asia-Pacific programme.
As part of its campaigning against the death penalty, Amnesty International has called on China to reduce the number of capital crimes.
"We are still waiting for the Chinese government to release the data that shows these proposed revisions are more than just legal housekeeping, removing crimes which have seldom been punished with the death penalty in recent years," said Catherine Baber.
The draft amendment to China's criminal code would, if passed, reportedly remove the death penalty as a punishment for white collar crimes such as tax fraud, and for smuggling valuables and cultural relics.
It would also remove the death penalty as a punishment for those over 75 years of age.
The ultimate impact of any reforms to China's use of the death penalty cannot be publicly known and evaluated due to classification of execution figures as state secrets.
Amnesty International has called on the Chinese government to make the draft legislation and the national execution figures public, so that there can be transparent analysis and debate on the death penalty.
In a challenge to China's lack of transparency, Amnesty International declined to publish its own minimum figures for Chinese executions and death sentences in its worldwide annual report this year on the death penalty.
China is estimated to be the world’s biggest executor.
Amnesty International said it opposes the death penalty in all cases without exception, as the ultimate violation of human rights.
Death penalty report: China must end secrecy surrounding sentences and executions (Report, 30 March 2010)
Death penalty reforms in China cannot be assessed as execution figures are a secretAmnesty International research details how during the country's recent elections, 12 people were slapped, kicked and hit, at times with batons, while in detention.
Burundian authorities must investigate allegations that state security officials tortured 12 opposition politicians during the country's recent elections, Amnesty International said on Monday.
The organization's briefing paper A Step Backwards details how the individuals were slapped, kicked and hit, at times with batons, all over their bodies.
Some reported being threatened with death and, in one case, part of a detainees ear was cut off while being held by Burundi's National Intelligence Service (SNR) at their headquarters in Bujumbura between 23 June and 5 July.
"Reports of torture in Burundi have decreased in recent years, and its re-emergence is a very troubling step backwards," said Erwin van der Borght, Africa Programme Director at Amnesty International.
"It is unacceptable if members of the state security services get away with such heinous acts and if the investigation confirms individuals have committed crimes they should be prosecuted."
The 12 were arrested and most were charged with security related offences in connection with a series of pre-election grenade attacks, many of which appeared to target the ruling party.
Those tortured were opposition party members, some in leadership positions, within their parties. During SNR interrogations, suspects were asked about their party structures, colleagues and alleged plans to destabilize national security.
The SNR has denied the allegations of torture. The SNR's Legal Advisor told Amnesty International that any marks on the bodies of those concerned were the result of resisting arrest.
The SNR's explanation is inconsistent with the facts documented in A Step Backwards.
The Burundian authorities are yet to open a criminal investigation violating their obligations under national and international law. Torture was criminalized in Burundi's 2009 Penal Code.
"President Pierre Nkurunziza's inauguration on 26 August offers an opportunity for the Burundian government to commit to ending impunity," said Erwin van der Borght.
"The President must publically condemn torture and declare that any official, including SNR agents committing, ordering or consenting to torture will be prosecuted regardless of their rank."
Amnesty International has called on the Burundian government to ensure future compliance of the SNR and other officials with international human rights law and Burundian law.
Burundi: "A Step Backwards" – Torture and other Ill-Treatment by Burundi's National Intelligence Service (Briefing document, 23 August 2010)
How the recent elections signalled a step backwards in Burundi's fight to end tortureA court is considering the possibility of having a man's spinal cord cut to cause the same damage he is alleged to have inflicted on his victim during a fight.
Amnesty International has urged the Saudi Arabian authorities not to deliberately paralyse a man in retribution for similar injuries he allegedly caused during a fight.
Reports say a court in Tabuk, in the north-west of the country, had approached a number of hospitals about the possibility of cutting the man's spinal cord to carry out the punishment of qisas (retribution), as requested by the injured victim.
"We urge the Saudi Arabian authorities not to carry out such a punishment, which amounts to nothing less than torture. While those guilty of a crime should be held accountable, intentionally paralysing a man in this way would constitute torture, and be a breach of its international human rights obligations," said Hassiba Hadj Sahraoui, acting director of the Middle East and North Africa Programme.
According to one report, one hospital said it would be possible to medically administer the injury at the same place on the spinal cord as the damage the man is alleged to have caused his victim using a cleaver, during a fight more than two years ago, causing similar paralysis.
The court may decide not to impose the paralysis punishment and could instead sentence the man to imprisonment, financial compensation, or flogging.
The man, whose name has not been made public, has already been sentenced to seven months imprisonment for the offence. Amnesty International has received information that he was convicted and sentenced following a trial where he was said to have had no legal assistance.
Under international human rights law, the use of this sentence would constitute a violation of the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment.
It would contravene the UN Convention against Torture to which Saudi Arabia is a state party and the Principles of Medical Ethics adopted by the UN General Assembly.
Saudi Arabia regularly sentences people to various forms of corporal punishment.
Flogging is mandatory in the Kingdom of Saudi Arabia for a number of offences and can also be used at the discretion of judges as an alternative or in addition to other punishments.
In cases of qisas (retribution) other sentences passed have included eye-gouging, tooth extraction, and death in cases involving murder.
According to the Principles of Medical Ethics adopted by the UN General Assembly, it is a gross contravention of medical ethics, as well as a breach of applicable international instruments, for health personnel, particularly physicians, to engage, actively or passively, in acts which constitute participation in, complicity in, incitement to or attempts to commit torture or other cruel, inhuman or degrading treatment or punishment.
RELA's Director-General says the civilian volunteer corps is aiming to expand its membership by a million agents by the end of the year.
The Malaysian government should scrap plans to expand a state-sponsored security force of civilian volunteers with a long record of human rights abuses against refugees and migrants, Amnesty International said on Thursday.
Ikatan Relawan Rakyat, commonly known as RELA, aims to expand its membership from 1.6 million to 2.6 million by the end of the year, according to an interview given to the Associated Press by the organization's Director-General Zaidon Asmuni. However, Asmuni also said RELA would be unable to thoroughly train more than 8,000 new officers per year.
Amnesty International documented in two reports in 2010 how RELA volunteers regularly engage in physical abuse and extortion, and indiscriminately detained those with the legal right to be in the country.
"RELA agents are responsible for the most rampant human rights abuses against migrants and refugees in Malaysia," said Sam Zarifi, Asia-Pacific Director at Amnesty International.
"Instead of curbing their abuses, the government plans to let loose a million more ill-trained civilians with police powers."
RELA is a civilian volunteer corps, but the government authorizes it to exercise police functions, including raiding, interrogating and detaining suspected illegal immigrants. Some RELA members are authorized to carry firearms.
RELA's Director-General stated that new recruits will again be involved in the guarding of immigration detention centres, which has not been carried out on a large scale since mid-2009.
"Last year the Malaysian government promised Amnesty International that RELA would be stripped of its highly-criticized role in immigration enforcement, so it is very disappointing to see the force being handed back powers over immigration detention centres," said Sam Zarifi.
Amnesty International has found that RELA lacks a clear structure of command responsibility, allowing RELA members to commit abuses without being held accountable.
Abused and abandoned: Refugees denied rights in Malaysia (Report, 16 June 2010)
Trapped: the exploitation of Migrant Workers in Malaysia (Report, 24 March 2010)
The Philippine government should ensure that police officers responsible for torture shown in a video broadcast in the national media are brought to justice, Amnesty International said on Wednesday.
The Philippine government should ensure that police officers responsible for torture shown in a video broadcast on Tuesday in the national media are brought to justice, Amnesty International has said.
A video released to the Philippine media showed a plainclothes police officer torturing a suspect apparently held for petty theft in a police station, as uniformed police officers looked on. The video prompted the authorities to suspend all 11 officers of the Tondo precinct in Manila, who are now under investigation by Manila police authorities.
The footage showed the suspect naked, being yanked by a cord attached to his genitals, and whipped with rope. The anonymous informant who leaked the video told Philippine media that this type of degrading treatment was commonplace in police stations.
“The Philippine police leadership have recently claimed that almost the entire police force have undergone human rights training. However, this message seems to have been lost in practice,” said Donna Guest, Amnesty International’s Deputy Director for the Asia-Pacific.
The Manila police station footage comes in the wake of recent allegations of police torture of five detainees held on suspicion of involvement in the Communist armed insurgency in the northern province of Pampanga. In a media interview while in detention, one of the detainees, Lenin Salas, revealed severe bruising and cigarette burns that he said were results of torture and other ill-treatment by the police.
Amnesty International is urging the Philippine government to investigate these cases under the new Anti-torture Law, passed in July 2009. The government has yet to prosecute anyone under the law.
The Tondo police station case and the Lenin Salas allegations are the first reports of torture under the new administration of President Benigno Aquino.
“This is the right time for the Aquino administration to take a stand against torture, by showing that perpetrators, particularly police officers who have been sworn to serve and protect the people, will be prosecuted,” said Donna Guest.
Protection of human rights was one of Aquino’s key campaign promises but Amnesty International is concerned that he has not done enough in the first fifty days of the administration.
For example, rather than establishing the promised “human rights superbody” to conduct investigations on all reported cases of political killings, Aquino’s government has established a ‘Truth Commission’, which will only focus on allegations of corruption by the previous administration, with no remit to examine human rights.