France/Germany/United Kingdom: Wrong Message on Torture
(London) – France, Germany, and the United Kingdom use foreign intelligence obtained under torture in the fight against terrorism, Human Rights Watch said in a report released today.
Timor-Leste law allows amnesties for war criminals
A new Amnesty International report details how a legal loophole allows war crimes committed during the 1975-1999 Indonesian occupation to go unpunished.
Amnesty International is urging Timor-Leste to close a legal loophole that is allowing war crimes and crimes against humanity committed during the 1975-1999 Indonesian occupation to go unpunished.
Timor-Leste; Justice in the Shadow, an Amnesty International report released today on the country’s latest Penal Code, documents how the law allows amnesties that would prevent trials of people suspected of war crimes or crimes against humanity.
Without a ban on such amnesties, Timor-Leste is not fulfilling its obligations under the Rome Statute of the International Criminal Court, to which it acceded in 2002.
“Survivors of decades of human rights violations in Timor-Leste are demanding justice and reparations, but the authorities’ routine use of amnesties, pardons and similar measures has created a culture of impunity,” said Isabelle Arradon, Amnesty International’s Researcher on Timor-Leste.
Amnesty International fears that the Timor-Leste authorities’ potential use of amnesties due to the gap in its new Penal code, will damage the young nation’s ability to develop a strong deterrent to violence, maintain an independent and trusted judiciary, and hold armed groups and security forces accountable for their actions.
People indicted and convicted by the UN Special Panels for Serious Crimes for crimes against humanity committed during Timor-Leste’s 1999 transition to nationhood, have been among those released by presidential pardons or commutation of sentences.
In 2008, militia leader Joni Marques was set free after his sentence was substantially reduced by the President. He was originally sentenced to 33 years’ imprisonment for crimes against humanity.
“The authorities in Timor-Leste are compromising on justice to seek peace – but trading away justice for such serious crimes only undermines the rule of law, and cannot resolve the trauma of the past,” said Isabelle Arradon.
In 2009, the Timor-Leste government allowed Maternus Bere, indicted by the United Nations Serious Crimes Unit, to avoid prosecution by transferring him to Indonesia before he faced trial. Bere had been a militia leader involved in massacres of civilians in 1999.
Timor-Leste: Justice in the Shadow acknowledges important steps that the country has taken to include many of its obligations under the Rome Statute into its Penal Code. However, as well as the lack of explicit ban on amnesties for crimes under international law, the Penal Code lacks provisions on co-operation with the International Criminal Court.
Amnesty International supports a long-term comprehensive plan to address impunity in Timor-Leste.
This would include the establishment of an international tribunal to investigate and prosecute those responsible for the crimes committed under Indonesian occupation; a search for the disappeared; reparations for the thousands who suffered and the relatives of those who died; and an approach to amnesties, pardons or similar measures that does not undermine the rule of law.
In August 1999, the people of Timor-Leste (then East Timor) voted overwhelmingly in favour of independence from Indonesia in a UN-sponsored referendum. The lead-up to the polls and its aftermath were marred by crimes against humanity and other serious human rights violations. Most of those suspected of such crimes are still at large in Indonesia.
Between 1974 and 1999, 100,000 people are estimated to have been killed or starved to death in Timor-Leste, according to the report of the Commission for Reception, Truth and Reconciliation in East Timor (CAVR).
Crimes against humanity and other human rights violations were most acute during the 24 years of Indonesian occupation from 1975. They included unlawful killings; enforced disappearances; arbitrary detention; torture and other ill-treatment; war crimes; sexual violence; violations of the rights of the child; and violations of economic, social and cultural rights.
The overwhelming majority of the past crimes, mostly at the hands of the Indonesian security forces and their auxiliaries, have yet to be addressed.
Egypt: Investigate Officers Who Attacked Peaceful Protestors
(New York) - Egyptian authorities should stop beating and arbitrarily arresting peaceful demonstrators and investigate those responsible, Human Rights Watch said today.
UN: Include Disabilities in Development Agenda
(New York) – This week’s high-level ministerial meeting about gender equality in international development assistance should promote the rights and needs of women with disabilities, Human Rights Watch said today. Specifically, governments should address the marginalization of women with disabilities in the declaration to be adopted on July 1, 2010.
Libya urged to thoroughly investigate 1996 mass prison killings
Government called on to bring to justice those responsible for the killing of up to 1,200 inmates of Abu Salim Prison in Tripoli 14 years ago.
Amnesty International has called on the Libyan government to thoroughly investigate the killing of up to 1,200 inmates of Abu Salim Prison in Tripoli on 29 June 1996, to bring those responsible to justice and to provide adequate reparation for families.
The Libyan authorities, who only acknowledged in 2004 that any disturbances had occurred at all, have claimed that the deaths took place during an exchange of fire between guards and prisoners following an escape attempt.
However, former prisoners say guards fired indiscriminately at prisoners who were out of their cells during a riot sparked by appalling prison conditions on 28 June. The next morning there was an explosion and shooting was heard for about two hours,former prisoners say.
Colonel Mu’ammar al-Gaddafi, the Libyan leader, described the incident as a “tragedy” in 2004 to an Amnesty International delegation visiting the country.
Since 2008, the families of the victims have repeatedly called on the authorities to reveal the truth about why their relatives were killed.
“Rather than trying to silence the families of the victims and keep the truth about the Abu Salim killings a state secret, the Libyan government must end the years of uncertainty and pain, conduct a thorough, independent investigation and bring those responsible to account,” said Malcolm Smart, Amnesty International’s director for the Middle East and North Africa.
“The authorities must publish a full list of those killed in Abu Salim Prison in June 1996 and of others who have died in custody as a result of torture or other abuses,”
“Families of the victims should be provided with accurate death certificates stating the place, date and exact cause of death; the ones they are receiving now do not shed light on the circumstances of the killings.”
Relatives have organised protests demanding justice for those killed. The authorities have generally tolerated these demonstrations, but those leading the protests have faced reprisals from the authorities, including threats; constraints to their freedom of movement and arrest.
The Libyan authorities have also offered relatives financial compensation for their loss, but only on condition that they agree not to seek justice through the courts.
Most of those killed at Abu Salim Prison were also victims of enforced disappearance. They had been arrested at various times since 1989 and had not been seen by their families since their arrest.
For years, the authorities denied that any killings took place at Abu Salim Prison in June 1996. Many families continued to bring food and clothes to the prison gates for several years in the belief that these would be handed over to their imprisoned relatives who were, in fact, already dead.
The prison was believed to be controlled by the Internal Security Agency (ISA), an intelligence body, rather than the judicial police who normally control prisons.
The government has periodically announced that investigations into the Abu Salim killings have opened or are ongoing. Last September, judge Mohamed al-Khadar was appointed to head an investigation and promised a final report within six months, but this has yet to materialise.
According to the Gaddafi International Charity and Development Foundation, an organization headed by Saif al-Islam al-Gaddafi, one of the Libyan leader’s sons, there were about 1,167 families of victims – some of whom lost more than one relative in the killings.
Amnesty International has also called on the Libyan authorities to address the broader legacy of gross human rights violations committed by the security forces in past decades including enforced disappearances, extra-judicial killings, and torture and other ill-treatment.
Many of the victims were political dissidents or suspected members or supporters of armed Islamist groups.
“A few years ago, Libya was a closed country under international sanctions and human rights abuses took place in a climate of secrecy and isolation,” said Amnesty International.
“The country is now playing a much greater international role, and was elected to the UN Human Rights Council in May. If Libya is to have any credibility, the country should thoroughly investigate these past human rights abuses and punish those responsible.
“The continuing climate of impunity facilitates human rights violations. It sends a message to the security forces that they are above the law, while their victims are outside its protection. The families of the dead and the disappeared must have access to the truth and see justice take its course, and they should receive adequate reparation including an official apology for what was done in the name of the state” said Amnesty International.
High School Student Harassed, Threatened after Internet Posting about Falun Gong
NEW YORK – A 16-year-old who used his real name when writing online about health benefits received from practicing Falun Gong is being harassed and at risk of detention, the Falun Dafa Information Center recently learned.
Gaza: Allow Access to Gilad Shalit
(Jerusalem) – Hamas authorities in Gaza should immediately end the cruel and inhuman treatment of Staff Sgt. Gilad Shalit of Israel and allow him to communicate with his family and receive visits from the International Committee of the Red Cross (ICRC), Human Rights Watch said today. June 25, 2010 is the fourth anniversary of his captivity.
Rwanda: Stop Attacks on Journalists, Opponents
(New York) – Insecurity and political repression are increasing in advance of Rwanda’s August 2010 presidential elections, Human Rights Watch warned today. In the last two days, an independent journalist has been killed, the leader of an opposition party has been detained by the police, and other opposition party members have been arrested.
G20: Insist on Effective Maternal Health Plans
(New York) – The G20 countries should insist on development plans that are firmly grounded in human rights principles as they meet this weekend, Human Rights Watch said today. The heads of government of the G20 countries are meeting in Toronto to discuss how best to further the United Nations Millennium Development Goals.
Honduras failing to tackle coup rights abuses
Amnesty International has accused the Honduran authorities of failing to address serious human rights violations that followed the coup d’etat of 28 June 2009, when ex-President Manuel Zelaya was forced from power
Amnesty International has accused the Honduran authorities of failing to address serious human rights violations that followed the coup d’etat of 28 June 2009, when ex-President Manuel Zelaya was forced from power.
Since new president Porfirio Lobo took office in January, police and military officers responsible for mass arrests, beatings and torture in the wake of the coup have not been brought to justice. Meanwhile, concerns about freedom of expression increased, as seven journalists have been killed in the past three months.
“President Lobo has publicly committed to human rights but has failed to take action to protect them, which is unacceptable. He needs to show he is serious about ending the climate of repression and insecurity in Honduras – otherwise the future stability of the country will remain in jeopardy,” said Guadalupe Marengo, Amnesty International’s Americas deputy director.
President Lobo was elected in November last year amid a political crisis that saw President Zelaya ousted by military-backed politicians.
Hundreds of people opposed to the coup were beaten and detained by the security forces as protests erupted during the following months. More than 10 people were reportedly killed during the unrest. The police and military also widely misused tear gas and other crowd control equipment.
Human rights activists, opposition leaders and judges suffered threats and intimidation, media outlets closed and journalists were censored. There were also reports of security force personnel committing acts of sexual violence against women and girls.
Judges viewed as critical of the coup suffered a series of arbitrary transferrals and unfair disciplinary proceedings. Members of the organization Judges for Democracy, which promotes principles of fairness and transparency, formed the vast majority of those targeted.
No one has yet been held to account for these abuses and few investigations have been opened. Victims continue to wait for justice and reparation for the abuses they endured.
“It is a sad fact that no redress has been provided to the numerous victims who suffered serious abuses at the hands of the police and military during the de facto government’s time in power,” said Guadalupe Marengo.
“These grave human rights violations must not be forgotten or go unpunished. Victims have the right to truth, justice and reparation.”
Amnesty International is also seriously concerned that the number of attacks on journalists has actually risen since the new government came into power. Seven journalists have been killed since March 2010 and many more have suffered threats and harassment.
Meanwhile, four judges were removed from their posts on 1 June 2010, apparently for criticising the coup d’etat – a move that seriously undermines the justice system.
The Honduran government established a Truth and Reconciliation Commission in April but Amnesty International is seriously concerned that its mandate is limited only to establishing the contributing factors to the crisis. Truth commissions should be one part of a comprehensive national plan devised to protect the rights of victims of human rights violations. In addition to this, the government must ensure investigation, justice and reparation for victims.
“Honduras’ coup d’état left the country in need of a programme of human rights reconstruction with clear objectives and a timeline for completion – but the commission lacks a proper mandate or capacity to investigate abuses,” said Guadalupe Marengo.
“Our past research shows that when insufficient steps are taken to ensure justice and truth, the wounds do not heal and the cycle of violence and unrest continues.”
Honduran President Manuel Zelaya Rosales was forced from power on 28 June 2009 and expelled from the country by a military-backed group of politicians led by Roberto Micheletti, former president of the national Congress.
According to dozens of testimonies collected by Amnesty International’s researchers in Honduras during two visits to the country, human rights abuses spiralled after the coup.
The de facto government headed by Micheletti remained in power until the end of 2009. A new government led by Porfirio Lobo took office on 27 January 2010 on the same day Amnesty International released a report titled “Honduras: Recommendations to the new Honduran government following the coup of June 2009″ which documented violations during the coup d’etat
Amnesty International has continued to urge the authorities to address human rights violations committed after the coup since it came to power, as has the Inter-American Commission on Human Rights.
