Uganda: Terrorism Charges Used Against Kenyan Rights Defender
Uganda using terrorism charges against Kenyan rights defender
Authorities must either release Al-Amin Kimathi or provide details of the charges says Amnesty International in a joint statement with Human Rights Watch.
Ugandan authorities should either release a Kenyan human rights activist who is being held on terrorism charges or provide details of the charges, Amnesty International and Human Rights Watch said on Monday in a joint letter to the Ugandan government.
Al-Amin Kimathi was arrested, along with Kenyan lawyer Mbugua Mureithi, on 15 September after the two travelled from Kenya to Uganda to observe a hearing of six Kenyans charged with terrorism in connection with the July bomb attacks in Kampala, which killed over 76 people who were watching the World Cup final.
Mureithi was released after three days and deported to Kenya. Kimathi, who heads the Muslim Human Rights Forum in Kenya, was held incommunicado for six days before being charged with terrorism and murder on 21 September.
“Al-Amin Kimathi seems to have been arbitrarily arrested for carrying out his legitimate human rights work – providing legal support to the suspects charged in connection with the bomb attack,” said Erwin van der Borght, Amnesty International’s Africa Programme director.
The charge sheet contains no details or allegations about Kimathi’s conduct that would make him responsible for the crimes described.
Thirty-eight people of different nationalities, including Ugandan, Kenyan and Somali, have been charged with terrorism in the last few months in connection with the July bombings.
The Muslim Human Rights Forum has challenged and publicly criticized the transfer of several Kenyan suspects from Kenya to Uganda on the basis that the transfer failed to respect extradition procedures which require reciprocal warrants of arrests in both countries and judicial hearings.
The Kenyan authorities also failed to uphold the right to a habeas corpus (to challenge a person’s detention before a court) application for those suspects who were transferred to Uganda.
All states must ensure full respect for human rights and the rule of law, including during counter-terrorism operations” said Rona Peligal, Africa Director at Human Rights Watch.
“Al-Amin Kimathi’s arrest will not silence the questions raised by Kenya’s apparent unlawful transfer of its own citizens, in violation of their rights.”
Amnesty International and Human Rights Watch recognize that Uganda must investigate, prosecute and bring to justice those responsible for the July 2010 Kampala bombings but also urge Kenyan and Ugandan authorities to fully comply with international human rights law and standards as well as the Kenyan and Ugandan constitutions.
In the letter to the Ugandan government as well as in another letter to the Kenyan Ministry of Foreign Affairs, both organizations also called for both governments to support an independent and impartial inquiry into human rights violations associated with the arrest and transfer to Uganda of 13 Kenyan suspects, which apparently did not follow established legal procedures.
Kuwait: Government Pledges to End Sponsorship System
(New York) – The Kuwaiti government’s announcement that it will abolish its employer-based sponsorship system for recruiting migrant workers by February 2011 is a significant step to address a major source of labor abuse, Human Rights Watch said today.
Zimbabwe: Violence, Intimidation Mar Constitutional Outreach
(Johannesburg) – Increasing violence in Zimbabwe during community meetings leading up to a constitutional referendum and new arrests of civil society activists highlight the lack of progress in ending human rights abuses and implementing urgently needed human rights reforms, Human Rights Watch said today.
Stop forcible returns of Roma to Kosovo
A new Amnesty International report details how Roma and other minority communities are sent back, often with nothing but the clothes they are wearing, to face continuing discrimination and violence.
European Union (EU) countries should end the forcible return of Roma and other minorities to Kosovo, Amnesty International said in a report published on Tuesday.
Not welcome anywhere: Stop the forcible return of Roma to Kosovo, details how Roma and members of other minority communities, including children, are forcibly returned to Kosovo often with nothing but the clothes they are wearing, to face the possibility of continuing discrimination and violence.
“EU countries risk violating international law by sending back people to places where they are at risk of persecution, or other serious harm. The EU should instead continue to provide international protection for Roma and other minorities in Kosovo until they can return there safely,” said Sian Jones, Amnesty International’s expert on Kosovo.
“The Kosovo authorities must also ensure that Roma and other minorities can return voluntarily and reintegrate fully in society.”
Many are picked up by the police in the early hours of the morning and – with little time to gather their belongings – are often sent back with only the clothes they are wearing.
Few receive any assistance on their return to Kosovo, meaning many also face problems in obtaining access to education, healthcare, housing and social benefits.
Very few Roma are able to find work, with unemployment levels reaching 97 per cent. Roma communities are twice as likely as other ethnic groups to be amongst the 15 per cent of Kosovo’s population who live in extreme poverty.
Inter-ethnic violence continues while discrimination against Roma in Kosovo is widespread and systematic compounded by their perceived association with Kosovo Serbs. Largely Serbian-speaking and often living in Serbian areas of Kosovo, the Roma are still perceived to be allied with the Serbian community.
“Despite recent measures introduced by the Kosovo government aiming to improve conditions for reception and reintegration of returnees, the authorities do not have the funding, capacity, resources or political will to ensure a sustainable return for them,” said Sian Jones.
It has been estimated that around 50 per cent of forcible returnees will leave Kosovo again.
These forcible returns are taking place under bilateral agreements negotiated, or under negotiation, between the Kosovo authorities and European Union (EU) member states and Switzerland.
It has been reported that almost 10,000 Roma were legally obliged to leave the country and are therefore at risk of forcible return to Kosovo from Germany alone.
While genuinely voluntary returns must not be excluded, Amnesty International said it is concerned by reports that people agreed to go back only under the threat of forcible return.
“Until the Kosovo authorities are capable of ensuring the fundamental human rights of Roma and other minority communities, including Serbs and minority Albanians, they will return to face a climate of violence and discrimination,” Sian Jones said.
“Until then, the international community is obliged to provide them with protection.”
After the 1999 war in Kosovo, many Serbs and Roma fled to Serbia, others sought international protection in EU member states and Switzerland.
In March 2004, Serbs and Roma were again forced to flee Kosovo as inter-ethnic violence broke out between Albanians and Serbs, which also affected Roma communities.
Many of those now being forcibly returned also left Kosovo in early 1990s, when war broke out in what was then the Socialist Federal Republic of Yugoslavia.
Following Kosovo’s unilateral declaration of independence in February 2008, the Kosovo authorities have come under increasing pressure from EU member states to accept returnees.
Chile: Amend Anti-Terrorism Law and Military Jurisdiction
Chile should limit the scope of its military justice system and reform the country’s anti-terrorism law so that it can no longer be used to prosecute actions that do not constitute grave crimes of political violence, Human Rights Watch said today.
ICC should decide on Gaza conflict investigation
An independent report highlights the continuing failure of both the Israeli and Hamas authorities to investigate violations of international law documented by the UN over a year ago.
Amnesty International has urged the International Criminal Court (ICC) to decide on whether it can investigate alleged war crimes and crimes against humanity committed during the 2008-9 conflict in Gaza and southern Israel.
The Human Rights Council must make the same call after it considers today a report by a committee of independent experts highlighting the continuing failures of both the Israeli and Hamas authorities to investigate violations of international law that were documented more than a year ago by a UN fact-finding mission headed by Judge Richard Goldstone.
“Both Israeli and Hamas authorities have been given adequate time and opportunity to ensure justice for the victims, yet they are both failing to do so,” said Widney Brown, Senior Director of International Law and Policy, Amnesty International. “An international justice solution must now be found.”
Neither Israel nor the Palestinian Authority (PA) has ratified the Rome Statute. However, in January 2009, the PA declared that it accepted the ICC’s jurisdiction over all crimes committed in the territory of Palestine since July 2002.
If that declaration is valid, under the ICC’s rules it would cover all crimes committed during the conflict, both in Gaza and in southern Israel.
“Victims have waited long enough,” said Widney Brown. “It’s now time the ICC Prosecutor sought a decision on whether the Palestinian declaration submitted in 2009 allows him to act. If the Pre-Trial Chamber determines that the ICC has jurisdiction, the Prosecutor should open an investigation into crimes committed by both sides during the Gaza conflict, without delay.”
Amnesty International has called on national authorities of all states to investigate and prosecute crimes committed in the Gaza conflict before their national courts on behalf of the international community, said Widney Brown, noting that all states can prosecute war crimes and crimes against humanity – regardless of where they are committed.
Amnesty International also urged the Human Rights Council to:
- recognize the failure of the investigations conducted by Israel and the Hamas de facto administration to comply with international law and standards;
- call on states to investigate and prosecute crimes committed during the conflict before their national courts by exercising universal jurisdiction;
- refer the Committee’s report to the UN General Assembly – and request that Ban Ki-moon, UN Secretary-General, place the report before the Security Council.
Time for international justice solution for Gaza conflict victims (Public statement, 23 September 2010)
Palestinian Authority: Hamas fails to mount credible investigations into Gaza conflict violations (Public statement, 19 February 2010)
Ban Ki-moon ‘misses opportunity’ on Gaza accountability (News, 5 February 2010)
Latest Israeli response to Gaza investigations totally inadequate (News, 2 February 2010)
Victims of Gaza and Southern Israel conflict still await justice (News, 27 December 2009)
UN vote on Goldstone report a defining step for accountability (News, 6 November 2009)
UN General Assembly must end war crimes whitewash (News, 3 November 2009)
Irene Khan urges US government to examine Goldstone report (News, 18 September 2009)
UN must ensure Goldstone inquiry recommendations are implemented (News, 15 September 2009
France: Reject Anti-Roma Bill
(Paris) – The French parliament should reject measures in an omnibus immigration bill that appear to target Roma and weaken migrants rights, Human Rights Watch said today. The National Assembly is due to begin debating the government-sponsored bill on September 28, 2010.
Syria must release blogger at risk of torture
Student Tal al-Mallohi has been held incommunicado and without charge since she was arrested by State Security officials in December.
Amnesty International has demanded the release of a 19-year-old blogger and student detained in Syria without charge or access to the outside world since the end of last year.
The woman, Tal al-Mallohi, was detained by Syria’s notorious State Security in the capital Damascus on 27 December after being summoned there for questioning.
Two days later, State Security officers visited Tal al-Mallohi’s family home in Homs, 100 miles north of Damascus, and confiscated her computer, some computer disks, notebooks and a mobile phone.
Since 27 December none of her family has been allowed to see her. The family’s visits to the State Security detention centre have been met with vague assurances of her wellbeing but no information as to why she is being held.
There are fears that – like many other prisoners held in Syria – Tal al-Mallohi is at high risk of torture.
Human rights defenders, government critics and advocates of political reform in Syria face constant harassment, arbitrary arrest and detention, though Tal al-Mallohi’s family insist she has no political affiliations.
The family suspect her detention may be related to poems and articles published on her blog – http://talmallohi.blogspot.com – as some of these contain references to Syria’s restrictions on freedom of expression.
Amnesty International UK Director Kate Allen said:
“This is a deeply disturbing case. No-one should be detained just for discussing freedom of expression and if this is why Tal al-Mallohi is behind bars then it’s an absolute disgrace.
“The Syrian authorities should release her or charge or with a recognisable criminal offence.
“To have been held so long in incommunicado detention in Syria, where torture and other ill-treatment is widespread, is doubly troubling. Her family and lawyer should also be granted immediate permission to see her.
“Tal al-Mallohi is frail and already suffers from abnormally accelerated heart rate (Tachycardia), and there are real concerns for her health. At the very least she must be allowed the medical treatment she needs.”
Tal al-Mallohi’s family has spent the last nine months attempting to find out why she is being held and to gain access to her.
In addition to many frustrated attempts to see her at the Damascus detention centre, the family has submitted three written visitation requests to State Security and has sent two internet appeals to the Syrian President Bashar al-Assad urging him to intervene for her release.
As far as Amnesty International is aware, no response has been made to these requests or appeals.
Tal al-Mallohi’s mother has told Amnesty International of her deep concern, saying: “I’m going crazy. I have had chronic insomnia since my daughter’s arrest. I survive on sleeping pills.”
After one fruitless attempt to see Tal al-Mallohi at the detention centre her mother – who was in a distressed state – was hit by a car outside the building and suffered serious injuries which hospitalised her for two months.
There are severe restrictions on freedom of expression in Syria and in recent years there have been several cases of people being jailed for their online publications and related activities.
These include Kareem ‘Arabji, a blogger who was jailed for three years for moderating an internet youth forum (he was later released under an amnesty), and seven men – ‘Allam Fakhour, Ayham Saqr, Diab Siriyeh, Hussam ‘Ali Mulhim, Maher Isber Ibrahim, ‘Omar ‘Ali al-’Abdullah and Tareq al-Ghorani – who were sentenced to lengthy prison sentences for their part in developing an online youth discussion group and publishing online articles advocating democratic reform. Their convictions relied on “confessions” the men insist were extracted under torture.
Amnesty International has previously documented 38 different types of torture and ill-treatment used against detainees in Syria and the organization has received hundreds of reports of detainees being tortured.
Saudi Arabia: Reform’s Uncertain Future
(New York) – King Abdullah should do more to transform his reforms – largely symbolic so far – into institutional guarantees, Human Rights Watch said in a report released today. By turning promises into law the monarch can secure lasting gains for his citizens, Human Rights Watch said.