(New York) – The Kyrgyz government should ensure that Azimjon Askarov, an ethnic Uzbek human rights defender arrested in connection with the June violence in southern Kyrgyzstan, is given a fair and public trial, Human Rights Watch said today. The government should guarantee all of his due process rights as well as his safety and that of his lawyer.
(New York) – Decisions by state and local officials in several US states to uphold the building of mosques and Muslim community centers despite protests is an important affirmation of the right to freedom of religion enshrined in international human rights law as well as the US Constitution, Human Rights Watch said today. Such projects are going forward in at least five states.
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.
Rwanda’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.
A middle-aged woman from Hebei province died in mid-August in police custody eight days after being abducted from her home for practicing Falun Gong, the Falun Dafa Information Center recently learned.
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.”
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)
(New York) -Kenya should bar Sudanese President Omar al-Bashir from entering Kenya or arrest him for trial at the International Criminal Court (ICC) if he enters Kenyan territory, Human Rights Watch said today. The Sudanese state news agency has reported that al-Bashir will travel to Kenya on August 27, 2010, to attend the celebration of Kenya’s new constitution.
(Moscow) – The Tverskoi District Court of Moscow should overturn Lev Ponomarev’s sentence of administrative arrest and ensure his immediate release from custody, Human Rights Watch said today. The activist was sentenced to three days for "disobeying police orders" and is currently serving the sentence at a special detention center of the Moscow Police Department.
(Dakar) – Authorities in Côte d’Ivoire and Nigeria should investigate and close down networks that traffic Nigerian women and girls to Côte d’Ivoire for forced prostitution, Human Rights Watch said today. Human Rights Watch also called for collaboration among regional neighbors to improve border efforts to combat trafficking.
