Amnesty International Press Release Feed

Philippines: Witness protection needed to ensure justice for victims of massacre

Thu, 26 Nov 2009 18:26:42 +0000

The Philippine government must urgently ensure that witnesses are protected following the massacre of at least 57 people in Maguindanao province and safeguard vital forensic evidence to ensure those responsible are brought to justice, said Amnesty International.

Datu Unsay Mayor Andal Ampatuan Jr., a member of the powerful Ampatuan family that has dominated local politics in Maguindanao province in the country’s restive Mindanao region, is now under arrest and could face multiple murder charges. He has denied involvement.

“One of the major stumbling blocks to justice for human rights violations in the Philippines has been the intimidation of witnesses, at times accompanied by bribes or other inducements,” said Donna Guest, Amnesty International’s deputy Asia-Pacific director.

“Given the Ampatuan family’s history of using private militias to maintain their dominance in Maguindanao, there is every reason to fear for the safety of witnesses and the protection of evidence.”

Amnesty International pointed out that the inability of Philippines investigators to gather and process forensic and circumstantial evidence in prosecutions has led to an overreliance on eyewitness testimony.

Media footage from the scene of the massacre shows little evidence of proper collection of forensic evidence.

“The Philippine government has responded with encouraging speed and seriousness to this incident so far but they must demonstrate that they will put in place proper mechanisms to ensure there is transparent, credible accountability,” Guest said.

“This case, which has shocked the country and the world, cannot end in impunity as the vast majority of cases of political killings have in the past.”

Amnesty International called on the government of the Philippines to invite assistance from the international community in conducting the technical aspects of this investigation.

The European Union and the Philippine government have recently signed an agreement to improve the quality of investigations and prosecutions of extrajudicial executions in the Philippines.

Background
Most witnesses are reported to lack confidence in the current witness protection program, and fear that, given prolonged delays in criminal proceedings, it will not be able to offer protection to them or their families which may be needed to extend over a number of years.

In conjunction with lack of confidence in the impartiality of the police, fear of reprisals and a lack of an effective witness protection program, most investigations remain ineffective and fail to lead to the identification, arrest, trial and conviction of the perpetrators.

Switzerland minaret ban would breach freedom of religion obligations

Tue, 24 Nov 2009 15:51:07 +0000

A ban on the construction of minarets would breach Switzerland’s obligations to uphold freedom of religion, Amnesty International said ahead of a referendum next Sunday on a constitutional amendment.

The proposal, which was initiated by members of two Swiss parties, will ask Swiss voters if they wish to add the sentence “The construction of minarets is forbidden” to Article 72 of the Constitution.

“Contrary to the claims of the initiators of the referendum, a general prohibition of the construction of minarets would violate the right of Muslims in Switzerland to manifest their religion,” said Nicola Duckworth, Europe and Central Asia Programme Director at Amnesty International.

“A ban on the construction of minarets while, for example, allowing those of church spires would constitute discrimination on the basis of religion.”

The initiators of the referendum claim that the construction of minarets is not protected by the freedom of religion as they have “no religious significance”. They assert that minarets are “symbols of a religious-political claim to power and dominance which threatens - in the name of alleged freedom of religion - the constitutional rights of others.”

Islam is the second largest religion in Switzerland after Christianity, and Muslims make up over 4 per cent of the country’s population.

There are hundreds of places of worship (mostly in commercial buildings or private residences) in the country but only four minarets have been built.

The Swiss government and all the other major political parties are recommending a ‘no’ vote.

Local Christian, Jewish and Muslim leaders have also joined forces to reject a ban on minarets.

They say that the referendum also poses a threat to peaceful relations between religions and inhibits the integration efforts of Muslims in Switzerland.

“While there may be legitimate reasons for measures which might in individual cases interfere with the construction of minarets, there is no legitimate public policy justification for a general prohibition on their construction,” Nicola Duckworth said.

“A change in the constitution which would provide for the blanket ban on the construction of minarets must be soundly rejected. Such a move is important as it will reinforce the equality of rights for all people living in Switzerland.”

Women face abuse in Tajikistan: Don’t keep it in the family

Mon, 23 Nov 2009 13:21:33 +0000

The authorities in Tajikistan must properly prosecute violence against women as a criminal offence, Amnesty International said in a report published today.

Violence is not just a family affair: Women face abuse in Tajikistan, documents the physical, psychological and sexual abuse women face in the family and urges the authorities to address it as the crime it is and not to dismiss it as a “private family matter”.

“Women in Tajikistan are beaten, abused, and raped in the family but the authorities tend to reflect the societal attitude of blaming the woman for domestic violence. They see their primary role as mediator, to preserve the family rather than protect the woman and to safeguard their rights,” said Andrea Strasser-Camagni, Amnesty International’s expert on Tajikistan.

“The traditional Tajik family values, reinforced after the break-up of the Soviet Union, impose further discrimination on women by narrowing their identity to that of wife and mother, or pushing them into the lowest paid sector of the job market.”

“By writing off violence against women as a family affair the authorities in Tajikistan are shirking their responsibility to a large part of the population. They are allowing perpetrators of such crimes to act with impunity and, ultimately, denying women their human rights.”

Violence against women, and especially in the family, is widespread in Tajikistan. One-third to one-half of women have regularly been subjected to physical, psychological or sexual violence at the hands of their husbands or their in-laws.

Often, Tajik women are economically dependent on their husband’s family. They have told Amnesty International that upon setting foot in the in-law’s home after marriage they may be subjected to harsh treatment not only from their husbands, but also from their in-laws, and in particular from their mothers-in-law who themselves may have been abused as young brides.

“Women are being treated as servants or as the in-laws' family property. They have no one to turn to as the policy of the authorities is to urge reconciliation which de facto reinforces their position of inferiority. This experience of violence and humiliation in the family makes many women to turn to suicide,” Andrea Strasser-Camagni said.

There are insufficient services to protect the survivors of domestic violence, and most of these are provided by internationally funded local non-governmental organizations. The police, judiciary and medical staff are not sufficiently trained to deal with cases of domestic violence.

Education is a key factor in developing girls' empowerment and providing an escape route from violence and poverty. However, girls drop out early from schools; instead, they enter into early and often unregistered or polygamous marriages, all of which increase the dependency on their husbands.

Initial measures undertaken by the Tajikistani government to combat domestic violence have proved largely insufficient.

Although Tajikistan has ratified relevant international human rights treaties, it is falling short of its international obligation to protect and fulfil women’s rights.

Amnesty International calls upon the Tajikistani authorities to:
•   prevent and prosecute violence against women in the family through the introduction of an effective domestic law and nationwide support services;
•   carry out a nationwide public awareness campaign in order to address the unlawful practices of unregistered, polygamous, and early marriages;
•   remove all barriers to girls’ education and address the root causes of girls dropping out of education.

Cases
Zamira got married at 18 in a traditional Islamic marriage. The marriage lasted for five years, and in all those years Zamira was never allowed to leave her husband’s house. “It was like in prison,” Zamira said. She told Amnesty International that when she asked his permission to go out or when they had a quarrel, her husband would beat her. One day her husband divorced her according to Islamic tradition and she was thrown out of the house by his parents. Now Zamira and her nine-year-old son live with her parents in an over-crowded house. She dreams of a home for her and her son.

Tahmina, mother of three children, has been married for 13 years. She said that she had three stillbirths and after that her husband began to beat her. As a result of a beating another baby died; then she miscarried while five months pregnant and her first child was born deformed. She once went to the police when she was black and blue and had a knife cut on her arm. They said she could write a complaint, but otherwise did nothing. She felt they blamed her for having provoked the violence.

Risolat, a 17-year-old girl from a small town, was raped by her “boyfriend”, who threatened to kill her if she told anyone about it. He forced her to have sex continuously for a period of four months. He also beat her. A year later she went to the police and wanted to file a complaint, but she was mocked by the officers, and sent away.

Tunisia: Authorities must release dissenting journalist

Tue, 24 Nov 2009 17:28:38 +0000

The Tunisian authorities must immediately release a well known government critic, journalist Taoufik Ben Brik, Amnesty International said today, and drop trumped up charges that could lead to his being imprisoned for up to five years.

“Taoufik Ben Brik is being prosecuted on politically-motivated charges and he has not received a fair trial,” said Malcolm Smart, Amnesty International’s Director for the Middle East and North Africa. “He is a prisoner of conscience. He must be released immediately and unconditionally.”

Taoufik Ben Brik was put on trial on 19 November at the Court of First Instance in Tunis, on charges of committing violence, damaging property, harming public morality and defamation.
He denies the charges and says they have been manufactured and brought against him by the Tunisian authorities because of his criticism of the government.

The court is due to deliver its verdict on Thursday.
During his trial, the court failed to allow his defence lawyers an opportunity to fully present their case or cross-examine prosecution witnesses, and it appears to have accepted as evidence a statement which the authorities allege was freely given by Taoufik Ben Brik in pre-trial detention but which he says is false and bears a forgery of his signature.

The court hearing last week took place amid oppressive security conditions.
There was a heavy presence of security officials both inside and around the court, who prevented journalists and others from attending the proceedings.

Only three members of Taoufik Ben Brik’s family were permitted to attend.
Taoufik Ben Brik, who suffers from diabetes and a rare hormonal disorder called Cushing's Syndrome, for which he needs regular medication, appeared physically weak and was unable to stand throughout the proceedings.

“Taoufik Ben Brik’s appears to have been prosecuted on account of his criticism of the government and opposition to the recent re-election, for a fifth term of office, of President Zine El Abidine Ben Ali,” said Malcolm Smart.

“It follows a pattern in which those who exercise their right to free speech to criticize the government or allege corruption are targeted for expressing dissent, in gross breach of Tunisia’s obligations under international law.”

Sri Lanka: Promise to free displaced must be followed by concrete action

Mon, 23 Nov 2009 19:06:34 +0000

Amnesty International welcomes the government of Sri Lanka’s promise to lift by 1 December any restrictions on movement of at least 130,000 people displaced by the war with the Liberation Tigers of Tamil Elam.

“Now the Sri Lankan government needs to demonstrate that it will provide the displaced with necessary assistance such as shelter, food and security as they re-establish their homes,” said Madhu Malhotra, Amnesty International’s Asia Pacific deputy director.

Hundreds and thousands of Tamils who escaped the war have been detained in camps under military control for the past six months, deprived of their freedom of movement. Many of them survived months of difficult conditions as they were forced to travel with retreating LTTE forces who forcibly recruited civilians, including children, and in some instances used civilians as human shields.

The Sri Lankan government has agreed to give people a choice about whether to remain in camps to seek alternative accommodations or attempt to return home.

“For months vulnerable people have been held in inadequate conditions in camps lacking adequate sanitation facilities and clean drinking water. If the Sri Lankan government follows through on its promise to allow thousands of people to return home, it would be the first step in the long struggle ahead for people rebuilding their devastated lives,” said Madhu Malhotra.

Amnesty International stresses the continued need to protect the rights of internally displaced people both within and outside the camps.

The organisation also urges the Sri Lankan authorities to abide by the principles of International humanitarian law and ensure that displaced people are supported to make voluntary and informed decisions about their future.

“Humanitarian and human rights organizations should be given unimpeded access to displaced people and those attempting to resettle to monitor their safety and wellbeing and ensure their needs are being met, including that they are protected against further human rights violations,” said Madhu Malhotra.

Background

Since the war ended in May, an estimated 12,000 displaced people (including children) suspected of links to the LTTE have been arbitrarily arrested, separated from the general displaced population and detained by the authorities in irregular detention facilities, such as vacated school buildings.

Amnesty International is concerned about lack of transparency and accountability in that process, which is conducted outside of any legal framework and the increased dangers to detainees when they are held incommunicado.

Persons arrested on suspicion of links to the LTTE and accused of crimes should be charged with legitimate offences, tried and prosecuted in accordance with the law.

China: Free activist who defended earthquake victims

Mon, 23 Nov 2009 11:18:09 +0000

Amnesty International today urged the Chinese authorities to immediately and unconditionally release Huang Qi, a human rights defender who worked with the victims of the 2008 Sichuan earthquake and was sentenced today to three years’ imprisonment.

The Court said the conviction was based on two city level documents found in Huang Qi’s house and found him guilty of “unlawfully holding state secrets”. Several dozen police surrounded the courts this morning, and after negotiation only his wife and mother were allowed to enter. Several local women supporters who requested to enter the court to hear the sentence were beaten and injured. There was only a verbal announcement and no written verdict has given to the family. Huang Qi’s lawyers were not able to come from Beijing to attend due to the short notice. Huang Qi protested immediately and said he will appeal. The judge asked court police taken him away and not allowed him to speak.

Huang Qi was detained because of his work on behalf of families of five primary school pupils who died when school buildings collapsed in the Sichuan earthquake of May 2008. He had been attempting to bring a legal case against local authorities.

He was sentenced by the Wuhou District People’s Court in Chengdu, Sichuan Province.

“The Chinese government is penalizing someone who is trying to help the victims of the Sichuan earthquake. Huang Qi should be treated as a model citizen, committed to the rule of law, but instead he has fallen victim to China’s vague state secrets legislation,” said Sam Zarifi, Amnesty International Asia Pacific Director.

“He should never have been detained in the first place and should be released immediately.”

“China’s state secrets legislation needs to urgently be reviewed. These laws are used extensively to retroactively penalize lawful human rights activities and restrict freedom of expression.”

Huang Qi was detained by plain clothed police officers on 10 June 2008 while having dinner in a restaurant. He was tried behind closed doors 14 months later in August 2009.

The criminal proceedings against Huang Qi fell far short of China’s legal regulations and international human rights standards.

Huang Qi was denied access to his family and lawyer while in detention, on the grounds that the case involved “state secrets”. He was first allowed to meet with his lawyer Ding Xikui, on 23 September 2008, after more than a hundred days in incommunicado detention.

On 2 February 2009, the Wuhou District People’s Court in Chengdu failed to publicly announce the schedule of his trial, as required by China’s Criminal Procedure Law.

On 3 February 2009, the Court, on the pretext of protecting “state secrets”, prohibited lawyer Ding Xikui from making photocopies of case documents to prepare for his defence.

During the 5 August trial, the court forbade witnesses from testifying on Huang Qi’s behalf, again citing “state secrets”.

Huang Qi’s health is said to be rapidly deteriorating.

His family fears that he is not receiving adequate medical treatment in custody. According to his other lawyer, Mo Shaoping, a doctor at the detention centre has diagnosed Huang Qi with two tumours, one in his stomach and another in his chest.

Amnesty international believes that Huang Qi was treated inhumanely during his custody, including being interrogated by police for long hours and subjected to sleep deprivation.

Chinese authorities have turned down repeated requests by Huang Qi’s family to release him on bail to await trial. His wife has been barred from visiting since the closed-door trial on 5 August 2009.

Notes to editors:

Huang Qi was also sentenced to five years’ imprisonment in 2003 for hosting an online discussion about the protests in Tiananmen Square in 2000.

The “evidence” against him included reference to an Amnesty International document about the Tiananmen crackdown, which had been posted on his web-site.

He was released on 4 June 2005. Following his release, he continued to maintain his website and his human rights work and was detained again on 10 June 2008, apparently for his assistance to the parents of students who died during the 2008 Sichuan earthquake in bringing legal cases against the local authorities.

Philippines: Abduction and killings of journalists and politicians must be investigated

Mon, 23 Nov 2009 17:40:46 +0000

Amnesty International condemns the killings of at least 21 civilians, including journalists and members of a politician’s family, in the southern Philippines province of Maguindanao, the first reported killings linked to national elections to be held in May 2010.

A group of about 45 people were ambushed and abducted by about 100 armed men, according to reports. The military recovered the bodies of 13 women and eight men—some of them mutilated.

“These killings underline the danger facing civilians in the run up to the national elections. The authorities must immediately launch an independent and effective investigation into these murders and ensure that they do all they can to prevent killings and other violence,” said Donna Guest, Deputy Asia Pacific Director, Amnesty International.

The sister and the wife of Esmael Mangudadatu, vice mayor of Buluan town, were on their way to file his certificate of candidacy as provincial governor when they were attacked.

The province of Maguindanao witnessed widespread election violence during previous polls.

Amnesty International has been told that at least 12 journalists were part of the group who were targeted. It is not known how many journalists were killed.

Private armies, often employed by rich and politically influential families in Mindanao, have committed abuses with impunity.

“The government must prohibit and disband private armies and paramilitary forces immediately. The authorities should also establish clear standards on human rights protection and ensure their implementation, particularly during the election period when politically-motivated killings could increase.” said Donna Guest.

China: Activists under threat after Obama visit

Fri, 20 Nov 2009 15:00:54 +0000

Chinese authorities must stop the harassment and arbitrary detention of dozens of human rights lawyers and activists who were targeted during US President Obama’s visit to the country earlier this week, Amnesty International said today.

Security forces have kept dozens of lawyers and activists under house arrest or under surveillance during President Obama’s visit and prevented them from having any contact with foreign journalists reporting on the visit.

“It is a very negative sign that the Chinese government now actually steps up its repressive tactics during sensitive public events,” said Sam Zarifi, Amnesty International’s Asia-Pacific director.

“This is a clear signal to China’s civil society, as well as to the United States, that the Chinese government will not abide by its international human rights obligations even when it knows the whole world is watching.” Said Sam Zarifi.

On the morning of November 19th Jiang Tianyong, a lawyer, was blocked by police at the gate of his home in Beijing’s Haidian district as he was walking his daughter to school. Jiang had just returned from the US two days earlier.

Jiang Tianyong was held for 13 hours and questioned by police in Yangfangdian district police station near his home in Beijing.

The police did not provide him with any documentation authorizing his detention. When Jiang challenged the lawfulness of his detention the police told him that he was held for “attacking the police”.

Police also questioned his seven year-old daughter at school while he was in custody. He was released on November 19th, but the police told him that “the issue is not ended yet”. On the morning of November 20th at least six police officers were stationed at the gate to Jiang Tianyong’s house. The police initially blocked him from leaving but relented after negotiation.

“The Chinese government’s intimidation and harassment of lawyers and activists shows a complete disregard for human rights, the law and legal professionals,” said Sam Zarifi. “These are not the actions of a government that is committed to the rule of law.”

Other human rights lawyers including Li Xiongbing, Li Heping and Mo Shaoping also faced harassment, with three or four police officers stationed in front of their homes. Some of the police officers remain outside the lawyers’ homes.

Before President Obama’s visit to the country many activist and petitioners complained of state intimidation with police being posted outside their homes in Shanghai, Beijing and elsewhere in the country.

During the visit, some activists were escorted out of Beijing or were held in unofficial places of detention often knows as “black jails”.

Human rights activist and lawyers in China face violations of their own human rights, including torture and other ill-treatment, intimidation and arbitrary detention for their peaceful human rights work.

Denmark: Government must arrest Sudanese President if he attends climate conference

Fri, 20 Nov 2009 12:59:03 +0000

Amnesty International has learned that the Danish government has invited Sudanese President al Bashir, who is wanted by the International Criminal Court (ICC) for war crimes and crimes against humanity in Darfur, to attend a meeting in Copenhagen on climate change in December.

“Denmark needs to make it clear that it will arrest President al Bashir if he travels to Copenhagen,” said Christopher Keith Hall, Senior Legal Adviser at Amnesty International.

“The International Criminal Court needs the cooperation of its member states. Under the Rome Statute, which established the ICC, Denmark has a duty to arrest and surrender any person within its territory who is subject to an arrest warrant issued by the ICC.”

“Denmark can and must demonstrate its leadership on bringing alleged perpetrators of the worst crimes to justice by acknowledging its duty to arrest,” said Christopher Keith Hall.

Amnesty International received the information during a meeting of member states to the Rome Statute of the International Criminal Court.

The ICC issued an arrest warrant for President al Bashir for war crimes and crimes against humanity in Darfur earlier this year.

Egypt: Military Court of Appeals fails to rectify injustice

Thu, 19 Nov 2009 17:18:14 +0000

Amnesty International condemns the failure of Egypt's military appeals court to overturn sentences imposed on leading members of the banned Muslim Brotherhood organization after unfair trials and calls on the authorities to stop trying civilians in military tribunals.

"The decision of the Supreme Court of Military Appeals to confirm the sentences of up to seven years' imprisonment imposed on 18 Muslim Brotherhood members - all of them civilians - is a stark failure to remedy the injustice done after a grossly unfair trial," said Malcolm Smart, director of Amnesty International's Middle East and North Africa programme.

The appeal court's decision on Tuesday means that five of the 18 who remain imprisoned - the others were released in July by order of an administrative court - must now serve the remainder of their prison sentences. The five include Khairat al-Shatir, the third highest ranking Muslim Brotherhood leader, who was sentenced to seven years in prison.

On 17 November, the Supreme Court of Military Appeals rejected the appeals filed by all 18 defendants after they were convicted and sentenced to prison terms on 15 February 2008 after an unfair trial before the Supreme Military Court of Haikstip, northern Cairo. Seven others who had escaped arrest were tried in their absence at the same time and sentenced to up to 10 years in prison.

"Trying civilians before military courts, whose judges are serving members of the military, flouts international standards of fair trial and is inherently unjust, regardless of whether the defendants are allowed a right of appeal or not."

A total of 25 defendants were sentenced on terrorism and money-laundering charges in connection with their membership of the Muslim Brotherhood. Fifteen others were acquitted. All denied the charges. Their trial opened on 26 April 2007, after President Mubarak ordered in February 2007 that they should be tried before a military court. Earlier, a civilian court had thrown out charges against 17 of them.

International observers sent by Amnesty International and other organizations were prevented from attending the trial sessions by the Egyptian authorities.

The Supreme Court of Military Appeals ruling came a month after the UN's leading expert on human rights and counter terrorism, Martin Scheinin, issued a damning report calling on the Egyptian authorities to stop trying civilians before military courts.

Another UN group, the Working Group on Arbitrary Detention, ruled in 2008 that the detention of 26 members of the Muslim Brotherhood arrested between December 2006 and January 2007 was arbitrary and urged the authorities to release them. Fourteen of the 26 were among those whose appeals were rejected on Tuesday.

Amnesty International has repeatedly called on the Egyptian government to stop trying civilians before military courts. The procedures of military trials violate the right to a fair and public hearing before a competent, independent and impartial tribunal established by law.

In military court trials, the right to appeal to a higher tribunal is limited to hearings before the Supreme Court for Military Appeals which is composed exclusively of military officers and which only examines the law, its interpretation and procedural issues, rather than the evidence itself or the factual basis of the charges.

"All of those who remain imprisoned as a result of this unfair trial and appeal process should be immediately retried by a civilian court that conforms to international fair trial standards or else released," said Malcolm Smart.

Note for editors:

The Muslim Brotherhood is widely seen as the foremost opposition group in Egypt. Although officially banned, 88 of its members and supporters sit in the Egyptian parliament as "independent" members. Leaders and supporters of the group are subject to frequent harassment by the authorities and repeated waves of arrests.

/ENDS

Public Document

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