Good news

Cambodian Supreme Court releases scapegoats of trade unionist's murder

Mon, 05 Jan 2009 16:04:13 +0000

Two men wrongfully convicted in Cambodia of the murder of trade union leader Chea Vichea, have been released on bail after nearly five years in prison. After a seriously flawed legal process, their case was finally heard by the country's Supreme Court on 31 December.

According to reports from court monitors and the press, the Court's president dismissed the conviction and ordered that the Appeal Court retry the case.

"The Supreme Court decision was a welcome step towards justice. It is now crucial that the Appeal Court urgently launches an impartial and effective reinvestigation, so that the true perpetrators of the murder are found and brought to justice," said Brittis Edman, Amnesty International's Cambodia researcher.

Born Samnang and Sok Sam Oeun were arrested on suspicion of murder shortly after Chea Vichea was shot dead in an assassination-style killing at a news stand in central Phnom Penh on 22 January 2004.

Both men were sentenced to 20 years imprisonment despite having alibis for the time of the shooting. Their detention and trial were plagued with human rights violations, including torture or other ill-treatment.

Police failed to conduct a thorough and impartial investigation and deeply flawed court proceedings relied on unfounded and inadmissible evidence.

The Appeal Court upheld the conviction on 6 April 2007, despite the prosecutor's acknowledgment that there was insufficient evidence.

Amnesty International has long argued that the true perpetrators of the murder remain at large. The Free Trade Union (FTU), of which Chea Vichea was President, has also repeatedly called for the release of Born Samnang and Sok Sam Oeun.

"There is a pressing need for a long over-due investigation into the handling of the case, including allegations of police torture, intimidation of witnesses and political interference with the judicial process", said Brittis Edman.

Growing calls for end to executions at UN

Thu, 18 Dec 2008 17:27:41 +0000

Over one hundred countries voted overwhelmingly in favour of a second resolution on "Moratorium on the use of the death penalty" at the United Nations (UN) on Thursday. The resolution reaffirms last year's UN General Assembly call for a moratorium on executions.

106 states supported the resolution, 46 voted against and 34 states abstained. In 2007, the vote was 104 in favour, 54 against and 29 abstained.

"This increased support solidifies the solid and long-standing trend towards global abolition of the death penalty." said Martin Macpherson from Amnesty International.

When the Universal Declaration of Human Rights was adopted in 1948, eight countries had abolished the death penalty in law or practice. Sixty years later, as of December 2008, the number stands at 137.

More than two thirds of the countries in the world have abolished the death penalty and the numbers continue to grow.

"The trend towards abolition is unmistakable," said Martin Macpherson. "This trend can be seen in all regions in the world."

In Central Asia, there is a clear move towards abolition. Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan retained the death penalty when they gained independence in 1991. However, by December 2008, Kazakhstan, Kyrgyzstan Turkmenistan and Uzbekistan had abolished the death penalty. The Russian Federation and Tajikistan have a moratorium on executions and death sentences.

Europe is a virtually death penalty-free area, the only exception being Belarus.

The continent of Africa is largely free of executions, with only seven of the 53 African Union member states known to have carried out executions in 2007: Botswana, Egypt, Equatorial Guinea, Ethiopia, Libya, Somalia and Sudan.

In November 2008, the African Commission on Human and Peoples' Rights (African Commission) adopted a resolution calling on African States to observe a moratorium on the death penalty. It is an important step towards making the African Union (AU) a totally death penalty-free zone.

In the Arab League, several states, Bahrain, Jordan, Oman, Mauritania and the United Arab Emirates, abstained rather than voting no. At national level, draft abolitionist laws have been tabled in Algeria, Lebanon and Tunisia.

In Asia, the total number of countries that have now abolished the death penalty in law or practice in the Asia Pacific region has reached 27. On 21 May 2008, the Chinese Ministry of Justice and the Supreme People's Court (SPC) jointly issued a regulation to outline the defence lawyers' role in capital cases.

According to a senior official of the Supreme People's Court, the SPC re-turned for retrial about 15 percent of the death sentences handed down by higher people's courts in the first half of 2008. However, this was impossible to confirm as data concerning the use of the death penalty in China is considered a state secret and not publicly available.

In South Korea, there have been no executions since 1998 and a Death Penalty Abolition Bill is under consideration. Viet Nam is reviewing the number of offences punishable by death.

The Americas are almost free of executions. Since 2003, only the United States of America continues to execute on a regular basis. The only other countries to have carried out executions this century are Cuba in 2003, Guatemala in 2001 and the Bahamas in 2000.

Although the 10 countries of the English-speaking Caribbean retain the death penalty in law, there remains a hiatus on executions. Central and South America are virtually death penalty free, with only Guatemala, Belize and Guyana retaining the death penalty.

On 29 April 2008, Cuban President Raúl Castro announced in a speech concluding the Sixth Meeting of the Central Committee of the Communist Party of Cuba that virtually all death sentences in Cuba will be commuted to life imprisonment or to 30 years imprisonment.

The United States of America is turning against the death penalty. The Death Penalty Information Centre reported that the annual number of death sentences has dropped by 60% since the 1990s. 37 executions took place in 2008, marking a 14-year low and continuing a downward trend that began in 2000.

This week, the Maryland Commission on Capital Punishment this week released its final report, calling for an end to capital punishment and making Maryland the latest state in the nation to move toward abolishing the death penalty. Fourteen states in USA do not have the death penalty.

Standing ovation for jailed Chinese dissident

Wed, 17 Dec 2008 17:47:24 +0000

The European Parliament has honoured a jailed Chinese dissident in absentia with its top human rights award. The assembly gave a one-minute standing ovation on Wednesday as the Sakharov Prize for Freedom of Thought was placed in front of an empty seat marking Hu Jia's absence.

The assembly listened to a video message from Hu's wife Zeng Jinyan, who thanked the European Parliament for its recognition of her 35-year-old husband. Also in attendance for the award ceremony were Elena Bonner, the widow of Soviet-era dissident Andrei Sakharov for whom the award is named, and past award laureates.

Video message from Zeng Jinyan (part 2 on Youtube)

Hu Jia was sentenced to three-and-a-half years in prison on 3 April 2008 for "inciting subversion". One of China’s best-known environment and human rights activists, Hu Jia, is serving his sentence in Beijing City Prison.

He was one of the founders of the Beijing-based HIV/AIDS organization Loving Source, a grassroots organization dedicated to helping children from AIDS families. Together with Zeng Jinyan he regularly informed overseas journalists and human rights organisations of abuses taking place in China.

His family is concerned that he is not receiving adequate medical treatment in prison for his liver disease but the authorities rejected an application for his release on medical parole.

Zeng Jinyan and the couple's one-year-old daughter remain under tight police surveillance with officers stationed outside their home, limiting their visitors and following them when they go out. For the duration of the Olympic Games, they were moved outside Beijing.

Amnesty International considers Hu Jia a prisoner of conscience and has demanded his immediate and unconditional release and the end of harassment of his wife and their daughter. The organisation called the awarding of the prize a significant acknowledgement of the work of Hu Jia and the work of all activists in China who speak out against human rights abuses.

Amid new releases, government critic allowed to leave

Mon, 15 Dec 2008 16:17:10 +0000

The Libyan authorities have allowed political reform activist Idriss Boufayed to travel to Switzerland to seek medical treatment for cancer. An outspoken critic of Mu’ammar al-Gaddafi and former secretary general of the National Union of Reform organisation, Idriss Boufayed was released from prison on 10 October on humanitarian grounds, but required treatment not available in Libya.

He left Libya on Thursday for Switzerland, where he had previously lived in exile. The news of his ability to travel comes days after the release of eight prisoners of conscience arrested and tried together with Idriss Boufayed.

Idriss Boufayed and 10 others were convicted on 10 June for "attempting to overthrow the political system" and "communication with enemy powers" and sentenced to prison terms ranging from six to 25 years by the State Security Court in unfair trial proceedings.

The defendants did not have the right to counsel of their own choosing, with the exception of Jamal el-Haji, who was able to appoint a private lawyer. They also did not have access to the appointed defence lawyers outside the court room.

The organization believes that the charges relate to the publication on news websites on 23 January 2007 of a communiqué by Idriss Boufayed, along with three other men, al-Mahdi Saleh Hmeed, Ahmed Youssef al-Obaidi and Bashir Qasem al-Hares, announcing that they were planning a peaceful demonstration to take place in Tripoli on 17 February 2007.

The demonstration commemorated the first anniversary of the killing of at least 12 people and the injuring of scores more during a demonstration in Benghazi. In February 2007, 14 men were arrested in connection with the planned demonstration.

Eight of the others arrested were released from prison on 7 December. Ahmed Youssef al-Obaidi, al-Mahdi Saleh Hmeed, al-Sadeq Saleh Hmeed, Farid Mohammed al-Zwai, Alaa al-Drissi, Bashir Qasem al-Hares, Ali Saleh Hmeed and al-Sadiq Qeshoot were not given official reasons for the decision.

It has been reported that the Gaddafi International Charity and Development Foundation (GDF), headed by Saif al-Islam al-Gaddafi, a son of Mu’ammar al-Gaddafi, played a role in negotiating their release.

Amnesty International, who condemned the arrests and convictions at the time, has welcomed the latest developments. The organization called for the release of all 11 men, regarding them as prisoners of conscience.

In welcoming the release of the eight prisoners of conscience on 7 December, Amnesty International stressed that these releases must be unconditional and the men should fully enjoy their civil and political rights.

Jamal el-Haji and Faraj Saleh Hmeed, also arrested at the same time and sentenced to 12 and 15 years, respectively, remain in prison.

"Amnesty International remains concerned by the continual detention of Jamal el-Haji and Faraj Saleh Hmeed," said Hassiba Hadj Sahraoui from Amnesty International. "We call for their immediate and unconditional release since we consider them to be prisoners of conscience who have been sentenced solely for the peaceful exercise of their rights to freedom of expression and assembly”.

"The organization remains seriously concerned about the fate of Abdelrahman Al Qateewy, whose whereabouts remain unknown since he was first arrested in connection with the same demonstration."

Brazil's Supreme Court upholds rights of Indigenous Peoples

Fri, 12 Dec 2008 14:46:39 +0000

A vote in Brazil’s Supreme Court on Wednesday upheld the rights of Indigenous Peoples in the reservation of Raposa Serra do Sol on the frontier between Brazil and Guyana/Venezuela. The vote is seen as a victory for all Indigenous Peoples across Brazil.

The Supreme Court's vote is a milestone in the thirty-year battle of the Makuxi, Wapixana, Ingarikó, Taurepang and Patamona indigenous peoples for the recognition of their constitutional right to their ancestral lands.

Raposa Serra do Sol is a 1.7 million hectare reservation and is home to 20,000 people, the majority of them Macaxi. The reservation was decreed by President Lula in April 2005, ending a thirty-year struggle for the recognition of the lands.

During that period, at least twenty Indigenous people were killed, hundreds more beaten and their homes and livestock destroyed by local landowners, settlers and members of the military police.

The state government continues to oppose the process of demarcation, supporting illegal settlements in the area and rice farmers who, despite an earlier offer of compensation to leave the area, have illegally maintained their operations on reservation land. Army officials have also criticised the existence of the reservation on the grounds that is a threat to national sovereignty.

In April, the Supreme Court suspended a federal police operation to evict the rice farmers pending a ruling on an appeal against the ratification process brought by the state government and two deputies. In August, the Supreme Court hearing was adjourned after one of the judges requested time for further consideration.

Eight out of eleven Supreme Court judges voted to maintain the original demarcation of the Reposa Serra do Sol reservation as a single, continuous area, after state politicians and local farmers challenged the constitutionality of the reservation. However, the final ruling has been delayed until next year, after one of the remaining judges requested more time for consideration.

While the majority vote has secured the integrity of the reservation, Amnesty International expressed concerns over the delay in delivering a final ruling. The delay means that an eviction order against large-scale rice farmers, who are illegally operating on the reservation, will be suspended for a further period.

These rice growers have attacked and intimidated the Indigenous Peoples – including the violent attacks in May 2008 where masked men injured 10 people with petrol bombs and guns. More recently, there have been further reports of petrol bomb attacks, as well as men on motorcycles riding close to the reservation and firing shots into the air.

"It is essential that all these incidents are thoroughly investigated and Indigenous Peoples are provided full protection, while awaiting the Supreme Court’s final decision," said Patrick Wilcken, campaigner on the Brazil team at Amnesty International.

Amnesty International also called on the Brazilian government to use this victory to complete the long overdue process of ratification of other outstanding lands, such as those of the Guarani in Mato Grosso do Sul.

"This will be the only way to ensure an end to the violence and social deprivation Indigenous Peoples continue to suffer," said Patrick Wilcken.

Access to justice for all rights becomes a reality

Thu, 11 Dec 2008 11:38:57 +0000

The international community marked the 60th anniversary of the UDHR by adopting a historic instrument that secures access to justice for everyone whose economic, social and cultural rights are violated and who is denied a remedy at the national level.

The UN General Assembly adopted, by consensus, the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on Wednesday and corrected historic imbalances.

Amnesty International has been campaigning for this path-breaking instrument along with other members of the NGO Coalition for the last four years. Amnesty International believes that access to justice is an essential right of victims of all human rights violations.

The elaboration and adoption of the Optional Protocol is the culmination of five years of negotiations and the final agreed text is the result of co-operation, consensus and concession by all.

Amnesty International has commended the Chair of the Working Group and thanked the overwhelming majority of UN member states for their support for this instrument.

Many people around the world suffer violations of their rights, including rights to adequate housing, food, water and sanitation, health, education and decent work, but are denied the ability and power to hold those responsible to account. People living in poverty and other marginalised groups in particular face difficulties accessing justice.

Amnesty International has called on all states to ensure that this historic step towards the enforcement of economic, social and cultural rights is translated into reality for all those whose rights have been violated. Amnesty International is urging all states to become parties of the Optional Protocol when it opens for ratification in 2009 and to ensure that it comes into force as soon as possible.

Amnesty International is a member of the NGO Coalition for an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.

The race for ratification of landmark cluster bomb ban

Tue, 09 Dec 2008 11:55:11 +0000

At last week's signing of the Convention on Cluster Munitions - which bans the production, stockpiling, use and export of cluster bombs - four countries also ratified the agreement.

Norway, Ireland, Sierra Leone and the Holy See signed and ratified the Convention at a conference in Oslo last week. The treaty cannot take effect until 30 countries have ratified. In total, 94 countries have now signed the Convention. They include three of the worst affected by the use of cluster bombs – Afghanistan, Lebanon and Laos.

"This historic ban will greatly reduce the devastating impact of cluster munitions on human rights, It is vital now that states ratify the convention so it can enter into force without delay,”
said Brian Wood, Amnesty International's arms control manager,

Further signatories are expected in the coming months. Civil society campaigners predict that at least 100 states will eventually sign. Following the signing in Oslo, the treaty will now go to the United Nations in New York.

The treaty, which was negotiated in Dublin in May 2008, requires states to provide adequate assistance to victims of cluster munitions and for states to destroy their stockpiles

For more than 40 years, cluster bombs have killed and wounded innocent people, causing untold suffering, loss and hardship for thousands in more than 20 countries. These weapons cause death and injury to civilians during attacks and for years afterwards because of the lethal contamination that they cause when they fail to detonate on impact.

The weapon caused more civilian casualties in Iraq in 2003 and Kosovo in 1999 than any other weapon system. Israel's massive use of the weapon in Lebanon in August 2006 resulted in more than 200 civilian casualties in the year following the ceasefire. Alongside cluster munitions from the US, Chinese 122mm Type 81 cluster munition rockets and MZD-2 submunitions for such rockets were also found in Lebanon.

A cluster munition is a weapon comprising multiple explosive submunitions which are dispensed from a container. Cluster bombs hamper post-conflict rebuilding and rehabilitation and the dangerous work of cluster bomb clearance absorbs funds that could be spent on other urgent humanitarian needs. The appearance and size of cluster bombs make them look interesting, and toy-like. An estimated 60 percent of civilian casualties are children.

The countries that signed the Convention on Cluster Bombs in Oslo, on 3 and 4 December are: Afghanistan; Albania; Angola; Australia; Austria; Belgium; Benin; Bolivia; Bosnia and Herzegovina; Botswana; Bulgaria; Burkina Faso; Burundi; Canada; Cape Verde; Central African Republic; Chad; Chile; Colombia; Comores; Republic of Congo; Cook Islands; Costa Rica; Côte D`Ivoire; Croatia; Czech Republic; Denmark; Equador; El Salvador; Fiji; France; Gambia; Germany; Ghana; Guatemala; Guinea; Guinea Bissau; The Holy See; Honduras; Hungary; Iceland; Indonesia; Ireland; Italy; Japan; Kenya; Lao PDR; Lebanon; Lesotho; Liberia; Liechtenstein; Lithuania; Luxembourg; Madagascar; Malawi; Mali; Malta; Mexico; Republic of Moldova; Monaco; Montenegro; Mozambique; Namibia; Nauru; Netherlands; New Zealand; Nicaragua; Niger; Norway; Palau; Panama; Paraguay; Peru; Philippines; Portugal; Rwanda; Samoa; San Marino; Sao Tomé and Principe; Senegal; Sierra Leone; Slovenia; Somalia; South Africa; Spain; Sweden; Switzerland; the former Yugoslav Republic of Macedonia; Togo; Uganda; United Kingdom of Great Britain and Northern Ireland; United Republic of Tanzania; Uruguay and Zambia.

African Commission calls for a moratorium on the death penalty

Fri, 05 Dec 2008 12:21:49 +0000

The African Commission on Human and Peoples' Rights (African Commission) has adopted a resolution calling on African States to observe a moratorium on the death penalty.

The resolution was adopted at the African Commission's 44th Ordinary session in Abuja Nigeria. It comes just days after the Third Committee of the UN General Assembly voted for a similar resolution on a moratorium on executions. It is an important step towards making the African Union (AU) a totally death penalty-free zone.

The resolution expressed concerns about the failure of some African states "to give effect to the UN resolutions and African Commission's own 1999 resolution calling for a moratorium on executions", and about the application of "the death penalty in conditions not respectful of the right to a fair trial guaranteed under the African Charter on Human and Peoples' Rights and other relevant international norms".

By adopting the resolution, the African Commission has aligned itself with the global trend towards abolishing the death penalty, and supported the call for African states that still retain the death penalty to demonstrate commitment to observing a moratorium on executions as the first necessary step towards abolition.

"The African Commission's resolution provides a solid basis for individual and collective state action to observe a moratorium on executions towards the eventual abolition of the death penalty," said Martin MacPherson Director of Amnesty's International Law and Organizations Programme.

"In line with the African Commission’s resolution, Amnesty International calls on AU member states to fully support the plenary votes at the UN General Assembly for a resolution on moratorium on executions, which is expected to take place during the week beginning 15 December 2008.

"The African Commission also needs to monitor regularly the implementation of the resolution on the national fronts. African states must also fully support, engage and cooperate with the African Commission’s Working Group on the Death Penalty for it to discharge its mandates effectively and efficiently. They must implement any recommendations by the Working Group."

The African Commission noted that 27 states parties to the African Charter have abolished the death penalty in law or de facto, while only six have ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights on the abolition of the death penalty.

The AU member states that still retain the death penalty are: Botswana; Burundi; Cameroon; Chad; Comoros; Congo (Democratic Republic); Egypt; Equatorial Guinea; Ethiopia; Guinea; Lesotho; Libya; Nigeria; Sierra Leone; Somalia; Sudan; Uganda and Zimbabwe.

Landmark cluster bomb treaty signed in Oslo

Wed, 03 Dec 2008 18:03:21 +0000

Ninety two states signed the Convention on Cluster Munitions - which bans the production, stockpiling, use and export of cluster bombs during a ceremony in Oslo on Wednesday.

Further signatories are expected on Thursday as the conference continues with civil society campaigners predicting at least 100 states eventually signing the treaty, which also requires states to provide adequate assistance to victims of these weapons. The treaty was negotiated in Dublin in May 2008. It must be ratified by 30 countries before it enters into force.

This treaty is a landmark victory for civil society campaigners. Hundreds of NGOs, including Amnesty International, and survivors of indiscriminate cluster bomb explosions, have supported the worldwide campaign and joined the Cluster Munitions Coalition (CMC) which was originally started in 2003.

The outgoing US administration boycotted the negotiations and has refused to sign the treaty. Russia, China and Slovakia have also refused to sign. However, Afghanistan which has followed the negotiations but stated that it would not sign the treaty has just been given a green light from Kabul.

“This treaty will help to stigmatise the use of these weapons and Amnesty International calls on the new US administration to sign up to the ban after taking over the White House”, said Brian Wood, Amnesty International's arms control manager.

For more than 40 years, cluster bombs have killed and wounded innocent people, causing untold suffering, loss and hardship for thousands in more than 20 countries. These weapons cause death and injury to civilians during attacks and for years afterwards because of the lethal contamination that they cause when they fail to detonate on impact.

The weapon caused more civilian casualties in Iraq in 2003 and Kosovo in 1999 than any other weapon system. Israel's massive use of the weapon in Lebanon in August 2006 resulted in more than 200 civilian casualties in the year following the ceasefire. Alongside cluster munitions from the US, Chinese 122mm Type 81 cluster munition rockets and MZD-2 submunitions for such rockets were also found in Lebanon.

A cluster munition is a weapon comprising multiple explosive submunitions which are dispensed from a container. Cluster bombs hamper post-conflict rebuilding and rehabilitation and the dangerous work of cluster bomb clearance absorbs funds that could be spent on other urgent humanitarian needs. The appearance and size of cluster bombs make them look particularly interesting, and toy-like. It is estimated that 60 percent of civilian casualties are children.

"Amnesty International believes that, while the new treaty is not perfect, it will enable states to significantly reduce the risks of civilian deaths and injuries in conflict and post conflict situations," said Brian Wood, Amnesty International's arms control manager.

The formal ceremony will conclude with a speech by Richard Moyes from the Cluster Munitions Campaign – a clear sign of the strength of civil society’s involvement in securing this victory.

South Africa pledges to make HIV and AIDS a priority

Mon, 01 Dec 2008 10:41:50 +0000

To mark World AIDS Day on Monday, 1 December 2008, Amnesty International has welcomed signs of the South African government's change of direction in response to the country’s HIV epidemic.

South Africa has the highest number of people who are HIV-infected in the world. The lack of political leadership has been one of the main barriers to achieving the right to non-discriminatory access to health services for people living with HIV and AIDS.

However, the newly appointed South African Minister of Health, Ms Barbara Hogan, has affirmed her determination to strengthen the health care system’s response to the epidemic.

In October, she declared: "With all our partners in the South African National AIDS Council… the country is committed to implement the National Strategic Plan for HIV and AIDS."

She said this would include reducing the rate of new infections by half over the next three years but warned: "We must become organised and demonstrate urgency."

A series of events have been organised in South Africa on World AIDS Day to launch a united campaign to tackle new HIV infections and deaths relating to HIV and TB.

This collaboration, led by the South African National AIDS Council and involving government leaders as well as representatives in business, unions, churches and a whole range of civil society organizations, illustrates a renewed commitment to move forward in the fight against HIV and AIDS.

Amnesty International has recently submitted its recommendations to the Minister of Health for addressing some of the urgent needs confronting a particularly vulnerable group in South Africa – rural women living with HIV and experiencing violations of their internationally recognized human rights.

These recommendations form part of a report that Amnesty International published in March this year, entitled "I am at the lowest end of all’ – Rural women living with HIV face human rights abuses in South Africa."

The report presents documentation on the impact of gender-based discrimination, including violence and economic marginalization on the lives of rural women who are living with HIV. It explores how these factors act as barriers to the women’s ability to realize their right to the highest attainable standard of health.

The report also acknowledges the extensive work of civil society organizations and health professionals in promoting and protecting the human rights of those affected by HIV and AIDS in South Africa.

Amnesty International has said that the organization hopes renewed efforts by the Government of South Africa will lead to the realization of the rights to health, life and dignity for all those affected by the epidemic.