Cambodia: Political Pressure Undermining Tribunal
(New York) – Pronouncements by Cambodian Prime Minister Hun Sen that the UN-backed tribunal on Khmer Rouge atrocities should not prosecute additional suspects call into question the court’s independence, Human Rights Watch said today.
ASEAN’s new body must protect and promote human rights
The Association of Southeast Asian Nations (ASEAN) should ensure that its newly established human rights mechanism has the necessary powers to do its job properly, according to an Amnesty International public statement.
The Terms of Reference for the ASEAN Intergovernmental Commission on Human Rights (AICHR) were formally approved on Monday, at the 42nd meeting of the ASEAN Foreign Ministers in Phuket, Thailand. The meeting runs from 17-23 July.
In Tuesday’s public statement, Amnesty International cautiously welcomed the creation of the AICHR but stressed that the final terms of reference for the AICHR leave much room for improvement.
"The establishment of the AICHR is a positive development," said Donna Guest, Deputy Director of Amnesty International’s Asia-Pacific Programme. "We now urge ASEAN governments to make this a truly independent and robust body with full powers to monitor, investigate and report on the human rights records of all 10 member states.
"Key concerns are a lack of a clear protection mandate for the AICHR; lack of binding requirements for independence and expertise of AICHR members; and an emphasis on ‘regional particularities’ and ‘non-interference in the internal affairs’ which could undermine respect for universal human rights standards."
Amnesty International said that the Terms of Reference also allow for decisions by consensus only, which means that each state would be able to reject any criticism of its own human rights record by veto. This could lead either to paralysis or to the adoption of weak positions based on the lowest common denominator.
In particular Amnesty International has called for a clear mandate for the ASEAN human rights body to protect as well as promote human rights.
"The ASEAN human rights body must be empowered to investigate human rights abuses and be able to receive complaints of abuses," said Donna Guest. "Without such powers the body will not be able to address serious human rights situations in the region, for example in Myanmar."
Amnesty International urged ASEAN to ensure a transparent mechanism to select independent experts as members to the human rights body. The organization said that it is essential that the membership of the body is reflective of wider civil society.
Amnesty International also called on the ASEAN human rights body to uphold all human rights in accordance with universal principles and internationally agreed treaties and standards.
Saudi Arabia – human rights abuses in the name of fighting terrorism
We were afraid that something bad might have happened to him, that he might have been tortured. We called the prison but they would respond: "Be patient, the investigation is not finished." I cried: "Let me just hear my husband’s voice". His disappearance was so sudden…me and my family kept asking ourselves: why is it happening?
Wife of Khalil ‘Abdul Rahman ‘Abdul Karim al-Janahi who was arrested at Riyadh airport in April 2007.
The Saudi Arabian authorities have launched a sustained assault on human rights under the façade of countering terrorism, Amnesty International said in a new report on Wednesday.
Thousands of people have been arrested and detained in virtual secrecy, while others have been killed in uncertain circumstances. Hundreds more people face secret and summary trials and possible execution. Many are reported to have been tortured in order to extract confessions or as punishment after conviction.
As recently as 8 July 2009, the Ministry of Justice announced that 330 people had been tried for terrorism offences with sentences ranging from fines to the death penalty. However, neither the names of those tried nor the details of the charges against them were disclosed, maintaining the extreme secrecy of the trial process.
"These unjust anti-terrorism measures have made an already dire human rights situation worse," said Malcolm Smart, Director of Amnesty International’s Middle East and North Africa Programme. "The Saudi Arabian government has used its powerful international clout to get away with it. And the international community has failed to hold the government to account for these gross violations."
Of the thousands detained by the authorities, some are prisoners of conscience, targeted for their peaceful criticism of government policies. The majority are suspected supporters of Islamist groups or factions opposed to the Saudi Arabian government’s close links to the USA and other Western countries. Such groups have carried out a number of attacks targeting Westerners and others, and are officially dubbed as "misguided". The detained also include people forcibly returned from Iraq, Pakistan, Yemen and other countries.
"The abuses take place behind a wall of secrecy. Detainees are held with no idea of what is going to happen to them," said Malcolm Smart. "Most are held incommunicado for years without trial, and are denied access to lawyers and the courts to challenge the legality of their detention. This has a devastating effect on both the individuals who are detained and on their families."
The anti-terrorism measures adopted by the government since the attacks in the USA on 11 September 2001 have exacerbated long-standing human rights abuses in the country.
Arbitrary arrests and prolonged detention of political and security suspects without trial and without access to lawyers have been long-standing human rights problems in Saudi Arabia. However, the number of people being detained arbitrarily has risen from hundreds to thousands since 2001. Those arrested include Saudi Arabians and foreign nationals.
In July 2007, the Interior Minister reported that 9,000 security suspects had been detained between 2003 and 2007 and that 3,106 of them are still being held. Others have been moved to an official "re-education" programme, though it is unclear how they are selected and under what conditions they can obtain release.
Reported methods of torture and other ill-treatment include severe beatings with sticks, punching, and suspension from the ceiling, use of electric shocks and sleep deprivation. Flogging is also imposed as a legal punishment by itself or in addition to imprisonment, and sentences can include thousands of lashes.
The Amnesty International report highlights how trials of political or security detainees in Saudi Arabia take place in extreme secrecy and fail to meet international standards of fairness. In March this year, the government announced that the trials of 991 detainees accused of capital offences had begun in a special criminal court.
In many cases, defendants and their families are not informed of the progress of legal proceedings against them.
The anti-terrorism measures introduced since 2001 have set back the process of limited human rights reform in Saudi Arabia. Combined with severe repression of all forms of dissent and a weak human rights framework, there is now an almost complete lack of protection of freedoms and rights.
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Iran: Stop ‘Framing’ Government Critics
(New York) – Iranian authorities are coercing detained supporters of reform presidential candidates to implicate leading reformists in illegal acts, Human Rights Watch said today. Intelligence forces have also intensified pressure on the families of detainees to be silent about their cases.
Day of Action takes place for freedom in Gambia
A "Day of Action" for the people of Gambia will take place on Tuesday and Wednesday in 12 different locations around the world including West Africa, US, UK and EU. The demonstrations, organised by Amnesty International together with partner organisations in West Africa, coincides with a national Gambian holiday on 22 July called "Freedom Day", celebrating when President Yahya Jammeh came into power in 1994.
Since then, the government has stifled political and social dissent. Serious human rights violations have been committed by the National Intelligence Agency, police and army.
The Amnesty International report "Gambia: Fear Rules", published in November 2008, raised the cases of at least 30 people who have been detained without charge or unlawfully imprisoned after unfair trials since March 2006. Many have been tortured or ill-treated, disappeared, died in custody or died shortly after release.
The human rights situation in the country has worsened since the last foiled attempted coup plot in March 2006.
Journalists have been detained and unlawfully arrested if suspected of providing information to news sources and for writing stories unfavourable to the authorities. Newspapers, including internet based ones, have also been closed down or been hacked into. Journalists and members of the opposition are frequently harassed, threatened, and unlawfully killed.
Two cases involving Gambian journalists have been brought to the attention of the Economic Community of West African States (ECOWAS) Community Court of Justice since 2006. Daily Observer journalist Chief Ebrima Manneh remains a victim of enforced disappearance for three years despite the Court’s ruling demanding that he be released and damages be paid to his family.
The former editor of The Independent newspaper, Musa Saidykhan’s, alleges that he was tortured by the NIA in 2006.
In June 2009, seven journalists were unlawfully detained and were then placed on trial for sedition after criticizing President Yahya Jammeh who said that the government was not involved in the unsolved murder of Deydra Hydara, former editor of The Point newspaper, in 2004. Since 1994, at least 27 journalists have left Gambia, more than half of them in the last two years, and at least 10 have been granted asylum elsewhere.
In March 2009, Amnesty International reported that in Foni Kansala district near Kanilai-the President’s village-over 1,000 people were kidnapped from their villages and accused of "witchcraft." They were taken to secret detention centresand were reportedly forced to drink hallucinogenic concoctions and to confess to being witches.
The liquid they were forced to drink appeared to lead to kidney problems and to at least six deaths from kidney failure. A well-known opposition leader, Halifa Sallah, wrote articles for Forayaa, the main opposition newspaper in Gambia, and criticised the government’s "witchcraft" accusations. He was detained, charged with treason and held in Mile 2 Central Prison. After significant outside pressure, all charges were dropped and he was released.
Migrants and visitors are also subjected to unlawful arrests, torture and ill-treatment by the security forces. In July 2005 a group of 50 foreigners, including 44 Ghanaians, were detained and reportedly killed by members of Gambian security forces. A recent report carried out jointly by ECOWAS and the UN determined that rogue security forces were responsible. So far, the Gambian government has not taken any steps to bring the perpetrators to justice.
Amnesty International is encouraging all members of civil society in Africa to join together on 22 July 2009 to call on the Gambian government to uphold its people’s basic rights and freedoms.
Indonesia: Free Papuan Activists
(New York) – President Susilo Bambang Yudhoyono of Indonesia should demonstrate his stated support for differing political viewpoints by dropping politically motivated criminal charges against activists from Papua province and ordering their release, Human Rights Watch said today.
Jamaican Government projects welcome but there is a vital need for real change
Initiatives by the Jamaican Government to tackle the country’s public security crisis are welcome but their success will only be measured in terms of lives saved and people lifted out of poverty, said Amnesty International.
The organization’s assessment is part of its 32-page report, Public security reforms and human rights in Jamaica. Published on Tuesday, the report evaluates the Jamaican Government’s plans to tackle deep rooted violence, serious human rights violations and impunity.
Jamaica has extremely high rates of violent crime. According to police statistics, in 2008 alone there were 1,611 murders in Jamaica – in a population of only 2.7 million. Most of the victims live in socially-excluded inner-city areas. In 2008 the proportion of child victims grew significantly.
During 2008, an additional 224 people were fatally shot by police officers. It is estimated that in the first five months of 2009 alone, police killings increased by 58 per cent, however, police officers are rarely punished for these crimes. There have been no convictions against a police officer since 2006 and only 4 convictions between 1999 and 2009 out of a total of more than 1,700 reports of fatal shootings.
"The outlook for Jamaica is still grim with alarming rates of killings and almost no convictions of state agents accused of serious human rights violations," said Kerrie Howard, Americas Deputy Director at Amnesty International. "What is different now is that we finally see initiatives that might lead to real change."
"Jamaicans cannot afford to wait any longer," said Kerrie Howard. "Initiatives have to be implemented and produce concrete results soon. The lives of thousands depend on that."
Amongst the government’s proposals are projects to reform the Jamaican Constabulary Force, the modernization of the justice system and the elaboration of a community safety and security policy to tackle some of the issues behind the high levels of violence in the country. Bilateral and multilateral donors have committed to supporting many of the recommendations included in these plans.
Amnesty International’s report reviews the proposal to reform the Jamaican Constabulary Force. In 2008 a strategic review of the force resulted in 124 recommendations that were accepted by the government. Some of the key objectives include the improvement of the forces’ professionalism, responsiveness and accountability.
The organization also praised the authorities’ project Justice System Reform to undertake a comprehensive review of the justice system and develop strategies and mechanisms for its modernization. In June 2007, the Justice System Reform Task Force issued a detailed set of recommendations which, if implemented, could significantly improve access to justice for victims of criminal violence and police abuses.
"The government has embarked on a process of reform that if correctly and fully implemented could remove many of the factors contributing to the public security crisis and drastically improve respect for human rights in Jamaica," said Kerrie Howard.
US: Investigate Bush-Era Interrogation Abuses
(New York) – The US Department of Justice should open a criminal investigation into post-9/11 interrogation practices, Human Rights Watch said in a letter to Attorney General Eric Holder released today.
United Arab Emirates: International observers highlight need for fair trial
(New York) – International trial observers from Alkarama for Human Rights, the American Civil Liberties Union and Amnesty International travelled to the United Arab Emirates (UAE) in order to monitor the trial on July 20, 2009 of United States national Naji Hamdan.
Hariri witness held for four years without charge in Syria
Monday 20 July marks exactly four years since Ziad Ramadan was arrested by the Syrian authorities, in whose custody he remains detained without charge or trial.
Amnesty International has urged Syrian President Bashar al-Assad to order the release of Ziad Ramadan, a witness in the case of the assassination of former Lebanese Prime Minister Rafic Hariri on 14 February 2005 in Beirut, unless he is to be given a prompt, fair trial.
Ziad Ramadan is thought to be currently held at the Palestine Branch of Syrian Military Intelligence, where torture and other ill-treatment of detainees is common. He has not been permitted to see his family since September 2007, raising serious concern for his safety.
According to the Syrian authorities, Ziad Ramadan, a Syrian national, was detained in connection with the assassination of former Prime Minister Hariri.
However, the Special Tribunal for Lebanon, the court established to try those accused of responsibility for the killing, told Amnesty International in May 2009 that it does not consider Ziad Ramadan a suspect.
Instead, they said he was merely a witness because of his association with someone of interest to the Tribunal’s investigation, and therefore they had not requested his detention.
Prior to the assassination of Rafic Hariri, Ziad Ramadan had been a work colleague in Lebanon of Ahmed Abu ‘Adas, a Beirut resident who appeared in a video making a confession of responsibility for the killing on behalf of a previously unknown militant group.
The video was broadcast by Al-Jazeera on the day of the assassination but a UN fact-finding mission indicated in March 2005 that there was little or no evidence available to support Ahmed Abu ‘Adas’ statement.
Ziad Ramadan was interviewed by the Lebanese authorities following the broadcasting of the video but was released soon afterwards. He then returned to Syria, where he was detained by Military Intelligence officials on 20 July 2005.
He was held incommunicado at the Palestine Branch detention centre for six months before being moved to prison in Homs. He was returned to the Palestine Branch in September 2007, where it is presumed he is still being held, although there has been no official confirmation of his current whereabouts.
In February 2009, responding to a joint intervention by the UN Special Rapporteur on the independence of judges and lawyers and the UN Working Group on Arbitrary Detention (WGAD), the Syrian authorities said Ziad Ramadan could face trial in Syria on terrorism-related charges once he had appeared before the Special Tribunal for Lebanon.
However, no charges are known to have been brought against him and, four years after his arrest, he remains held without access to his family or a lawyer of his own choosing. He is without any means to challenge his continuing detention or obtain effective remedy.
Amnesty International wrote to Syrian President Bashar al-Assad regarding the case of Ziad Ramadan on 17 July 2009. It had written on 2 June 2008 to then Defence Minister Hassan Ali Turkmani with similar concerns, but received no response.