Death of Cuban prisoner of conscience on hunger strike must herald change
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
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.
What the European Court of Human Rights means to me (Testimonies, 18 February 2010)
Europe urged to strengthen rights as ministers meet (News, 17 February 2010)
What is the European Court of Human Rights? (Document, 17 February 2010)
Somali journalist captured by al-Shabab must be released
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.
Reform of security forces in Guinea must deliver justice for Bloody Monday massacre
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.
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.
Nicaragua abortion law puts pregnant cancer victim at risk
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.”
Angola: Release Cabinda Rights Defenders
(New York) – The Angolan government should promptly release three human rights defenders who were arrested on apparently political grounds following the January 8, 2010 attack on Togolese footballers in Cabinda, Human Rights Watch said today. Human Rights Watch also expressed concern about the continued detention without charge of five other people.
Swiss businessman held in Libya on politically motivated charges
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.
Iraq: Protect Christians from Violence
(Washington, DC) – Iraq’s government should bolster security to protect the lives of Christians in Mosul, Human Rights Watch said today. Since February 14, 2010, five Christians have been killed in Mosul in separate attacks that appear to be politically motivated, given the country’s looming national election.
Indigenous Peoples struggle to survive in Colombia
A new Amnesty International report details an increase in attacks on Indigenous Peoples by guerrilla groups, the security forces and paramilitaries.
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.
Israel compensation payment to UN ignores rights of Gaza victims
Amnesty International has voiced its concern to Ban Ki-moon that reparations were accepted for UN buildings damaged in the conflict, without securing payment for victims of the attacks.
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.
