Good news

India's ruling against 'sodomy' laws is first step to equality

Fri, 03 Jul 2009 12:00:17 +0100

The historic decision by the high court in Delhi on Thursday to decriminalize homosexuality, has been welcomed by Amnesty International.

"The decision is a significant step toward ensuring that people in India can express their sexual orientation and gender identity without fear or discrimination," said Madhu Malhotra, Deputy Director of Amnesty International's Asia Pacific programme. "This British colonial legacy has done untold harm to generations of individuals in India and across the Commonwealth."

The ruling overturns a 19th century British colonial law which bans engagement in consensual sex with an individual of the same sex as "carnal intercourse against the order of nature". The law had been used to stifle the work of organizations working on HIV/AIDS prevention in India. The court rejected the law as discriminatory and "against constitutional morality".

"Amnesty International urges the Indian government to address abuse and discrimination by police and other officials and take measures to end discrimination on the basis of sexual orientation and gender identity in access to economic, social and cultural rights, including housing, employment and health services," said Madhu Malhotra.

The court's ruling rejected every argument put forward by the government in defence of the law. It found that section 377, the law criminalizing homosexuality, reflected an understanding of sexual orientation that is "at odds with the current scientific and professional understanding". In particular, the government's contention that the measure helped stop the spread of HIV/AIDS is "completely unfounded" and "based on incorrect and wrong notions," the court said.

The court acknowledged that Section 377 has been used to "brutalis[e]" members of the gay community and other men who have sex with men, abuses that have long been documented by local human rights defenders and Amnesty International. The Judges ruled that popular morality or public disapproval of certain acts is not a valid justification for restriction of the fundamental rights set forth in the Indian Constitution.

India has no laws specifically criminalizing child sexual abuse and has used Section 377 to address this gap. The court's ruling now restricts section 377 to cases of rape and child abuse. Amnesty International urges lawmakers to rewrite the law to deal explicitly with those crimes.

The Naz Foundation, an Indian sexual rights organization which brought the case against Section 377, told Amnesty International: "It's an incredible day, it's been a long battle. Today homosexuality has been decriminalized but not legalized. It is a baby step but finally India has entered the 21st century."

With this decision, India became the latest country to join the global trend towards decriminalization. Amnesty International has called on those countries that continue to criminalize homosexuality to follow India’s example and repeal those laws.

Togo: Fifteenth country in Africa to abolish the death penalty

Tue, 23 Jun 2009 20:00:02 +0100

Togo today decided to abolish the death penalty following a unanimous vote by the national assembly.

Togo has thereby become the 15th member of the African Union and the 94th country in the world to abolish the death penalty for all crimes.

“This country has chosen to establish a healthy justice system that limits judicial errors…and guarantees the inherent rights of the individual,” said Justice Minister Kokou Tozoun when the cabinet first adopted the abolition bill on 10 December 2008. “This (new) system is no longer compatible with a penal code that maintains the death penalty and grants the judiciary absolute power with irrevocable consequences.”

Togo stopped applying the death penalty more than three decades ago. The last executions of people sentenced to death date back to 1978 and the last death sentence was handed down in 2003.

Through today’s vote, Togolese members of parliament have reinforced the trend towards abolishing the death penalty in Africa.

Burundi adopted a new penal code in April 2009 which abolished the death penalty from the legislation. Several other countries, notably Mali, are reviewing their legislation and considering the possibility of removing any recourse to the death penalty.

Indian doctor Binayak Sen released from prison on bail

Tue, 26 May 2009 18:08:11 +0100

Dr Binayak Sen, who spent two years in an Indian prison as a Prisoner of Conscience, was released on Tuesday after being granted bail by the Supreme Court.

Welcoming Dr Sen's release on bail, Amnesty International believes that the charges against him are baseless and politically motivated. Amnesty International has repeated its call on the Indian authorities to immediately drop all the charges against Dr Sen.

Dr Sen, who was held in Raipur prison in the central Indian state of Chhattisgarh, thanked Amnesty International and other human rights organizations that have been campaigning for his release. He said he would continue to defend human rights in Chhattisgarh despite possible threats to his life from "state and non-state actors".

The 59-year-old is a pioneer of health care to marginalized and indigenous communities in Chhattisgarh, where the state police and armed Maoists have been engaged in clashes over the last six years.

He was arrested on 14 May 2007 on politically motivated charges, aimed at stopping his human rights work, after he met with an imprisoned leader of a banned Maoist organization.

His earlier meetings with an imprisoned Maoist leader, on which some of the charges against him were based, had all been facilitated by the prison authorities.

"Dr Sen's prolonged imprisonment is a glaring example of how the Indian authorities misuse security legislation to target activists," said Madhu Malhotra, Deputy Director of Amnesty International's Asia-Pacific Programme.

"These laws are open to abuse as they contain vague and sweeping definitions of 'unlawful activities'. Under no circumstances should work that peacefully defends human rights be termed an 'unlawful activity'."

Prior to his arrest, Dr Sen had criticized the state authorities for enacting special security legislation - the Chhattisgarh Special Public Safety Act, 2005 (CSPSA).

He had also reported on unlawful killings of adivasis (Indigenous People) by the police and by Salwa Judum, a private militia widely held to be sponsored by the state authorities to fight the armed Maoists.

The state authorities have so far failed to conduct effective and impartial investigations into these unlawful killings.

Dr Sen was detained without proper charges for seven months, denied bail, and kept in solitary confinement for three weeks. Many of the charges against him stem from laws that contravene international standards. Repeated delays in the conduct of his trial have also heightened doubts about its fairness. Meanwhile, Dr Sen had asked for specialist medical treatment for his heart ailment.

Remaining political prisoners freed in Zimbabwe

Thu, 14 May 2009 10:08:10 +0100

The remaining three of 18 political and human rights activists who were re-detained in Zimbabwe last week have all been released on bail.

Kisimusi Emmanuel (Chris) Dhlamini, Andrison Shadreck Manyere and Gandi Mudzingwa were freed by the High Court of Zimbabwe on Wednesday.

The three men were in hospital, two of them being treated for injuries sustained as a result of torture by state security agents, when they were granted bail.

They were among at least 30 victims of enforced disappearances that took place between October and December 2008.

Twenty-three of them, including the three men released on Wednesday, were later ‘discovered’ at various police stations in and around Harare on 22 and 23 December. The police, rather than arrest their abductors, unlawfully detained the victims of the enforced disappearances.

Seven people, whom the Movement of Democratic Change (MDC) - Prime Minister Morgan Tsvangirai’s faction - claim were also abducted at the same time, have never been found.

All the former detainees, except Dhlamini, Manyere and Mudzingwa, were finally released in February and March 2009.

After Dhlamini, Manyere and Mudzingwa were ‘discovered’, they were brought to court on criminal charges. Their lawyers argued that as victims of kidnappings they should be treated as complainants, not as accused.

They were charged with insurgency, banditry, sabotage and terrorism based on explosions that damaged police premises and a bridge. The charges are widely believed to be fabricated by the state.

When the lawyers finally had access to interview them, Dhlamini and Mudzingwa alleged to have been tortured. The magistrate, after several delays, allowed them access to doctors of their choice, who confirmed injuries consistent with torture allegations.

After months in detention, the three prisoners were briefly released on bail on 17 April 2009 after the state failed to file a notice to appeal in the required time. However, three days after being released on bail, Mudzingwa and Dhlamini were again placed under armed guard, first by prison guards, and then by police guards.

On 5 May, eighteen of the former detainees, including Mudzingwa, Dhlamini and Manyere, were indicted to appear before the High Court. Fifteen of them were again released on bail the following day.

However, Mudzingwa, Dhlamini and Manyere were denied bail reportedly because the charges against them of insurgency, banditry, sabotage or terrorism, were more serious. All three of them were detained in hospitals in Harare under police guard until their release.

Roxana Saberi released from jail in Iran

Tue, 12 May 2009 14:31:18 +0100

US-Iranian journalist Roxana Saberi was released from jail in Iran on Monday following international and domestic protests at her detention. A court heard an appeal against her conviction on Sunday and commuted her eight-year sentence to a suspended two-year term on the charge of "collecting classified information".

The court imposed a five-year ban on her working as a journalist in Iran. Amnesty International, which had campaigned for her release, welcomed the news.

"We are delighted that justice has been served by the appeal process and that Roxana Saberi has been released from prison in Tehran," said Hassiba Hadj Sahraoui, Amnesty International’s Deputy Director of the Middle East and North Africa region, on Monday. "She should, however, never have been imprisoned in the first place.

"Although Ms Saberi’s release is welcome, it should be unconditional. In particular she should be free to travel - a privilege not afforded to Narges Mohammadi, an aide to Nobel Peace Prize Laureate Shirin Ebadi, and Soraya Azizpanah, the editor of Rasan magazine, who were banned from attending a conference in Guatemala at the weekend."

Roxana Saberi was reported to have been convicted of "collaborating with a hostile state" by Tehran’s Revolutionary Court, behind closed doors, in April. She was originally sentenced to eight years in prison. One of her lawyers, Saleh Nikbakht, told AFP that the appeal court had overturned this conviction on the grounds that the United States and Iran could not be defined as hostile towards each other.

"We are also calling on the Iranian authorities to release all other prisoners of conscience in Iran, including the Alaei brothers, who are imprisoned on similar charges," added Hassiba Hadj Sahraoui. "We believe they are held solely in relation to their work with international and specifically US institutions in the field of HIV and AIDS prevention and treatment."

The Alaei brothers – both doctors specializing in the prevention and management of HIV and AIDS – were arrested in June 2008. Following an unfair trial, they were sentenced to six and three years' imprisonment respectively, for "cooperating with an enemy government", in January 2009.

Government officials said they had been arrested in connection with a plot aimed at a "soft overthrow" of the Islamic Republic. Their sentences were upheld on appeal in March 2009. Two others were also imprisoned in the same case.

Over 3,100 doctors, nurses and public health workers from more than 85 countries have signed an online petition demanding their release.

Three activists released in Malaysia

Mon, 11 May 2009 17:47:54 +0100

The Malaysian authorities released three human rights activists from the Hindu Rights Action Force (HINDRAF) on Saturday 9 May.

The three men were among a group of five HINDRAF activists arrested and detained under the Internal Security Act (ISA) in December 2007 for organizing protest rallies without a permit. Two of them were released on 5 April 2009.

However, reports indicate that one of the detainees, T Vasanthakumar, has had conditions placed on his release, including a ban on speaking to the media and a curfew.

"While we welcome the releases of the HINDRAF Five, these prisoners of conscience never should have been detained in the first place," said Donna Guest, Asia Pacific Program Deputy Director. " Moreover we call on the government to lift all conditions imposed on the HINDRAF Five."

HINDRAF is a coalition struggling for the rights of marginalized Malaysians of Indian ethnicity. They organized a rally in November 2007 to submit a petition at the British High Commission about Indian grievances after the colonial period.

The police, who had refused to issue a permit for the rally, responded with excessive force against demonstrators, using water cannons, tear gas and baton charges, resulting in many injuries.

Those released on Saturday were lawyers Uthayakumar Ponnusamy and Manoharan Malayalam, plus HINDRAF secretary T Vasanthakumar.

The ISA remains in force and an unspecified number of people continue to be held in detention without charge. ISA provisions allow for indefinite detention without charge or trial.

Amnesty International has called for the ISA to be repealed or amended so as to abolish all forms of administrative detention within it.

Last week, there was a wave of arrests in Malaysia as a part of a crackdown on dissent by the new government of Prime Minister Najib Abdul Razak.

"The recent spate of short term arrests of government critics is disappointing from the new Malaysian administration," said Donna Guest.

The authorities appear to have arrested people merely for expressing their political views or gathering peacefully to protest government actions. All of those arrested have been released. Amnesty International has urged the Malaysian government not to use arbitrary arrests of its critics as a way of suppressing peaceful dissent.

Over 20,000 sign petition for Greek trade unionist

Tue, 12 May 2009 10:11:58 +0100

A Greek government minister has pledged to secure justice for trade unionist Konstantina Kouneva after 22,000 people signed a petition to support her.

Amnesty International handed over 22,000 petitions, calling for justice in the case of Konstantina Kouneva, to the Deputy Minister of the Interior, Hristos Markogiannakis, on Tuesday 5 May.

In a meeting with representatives of Amnesty International in Greece, the Deputy Minister committed himself to ensuring that the investigation of the case would be given a high priority and that everything possible would be done to bring the perpetrators to justice.

Konstantina Kouneva, a trade union leader, was seriously injured when acid was thrown in her face by unknown assailants on 22 December 2008. The attack followed escalating tension between her and her employers as a result of her trade union activities, pressing for basic rights for workers in the cleaning industry.

On various occasions, she criticized the practices used by employers to exploit the workers, many of whom are migrants, including delays in paying their salaries for up to five months and not paying employees' social insurance.

The first stage of the investigation into the attack failed to take into account her activities as a trade union leader, while the second stage is reported to have been progressing very slowly.

On the same day that the petitions were presented to the Deputy Minister, representatives of Amnesty International also carried out a street theatre action in front of the Katehaki metro station in Athens in support of Konstantina Kouneva.

Zimbabwean human rights and political activists released

Wed, 06 May 2009 18:29:17 +0100

Fifteen of the eighteen Zimbabwean human rights and political activists who were re-detained yesterday have now been released on bail, though three remain in custody.

Jestina Mukoko, Director of the Zimbabwe Peace Project, a leading human rights organisation in Zimbabwe, and fourteen others were released this afternoon after spending one night in custody.

However, Kisimusi Chris Dhlamini, Shadreck Andrison Manyere and Gandhi Mudzingwa were not granted bail, apparently because their case was more complicated as they were allegedly found in possession of explosives.

Amnesty International repeated its call for the prompt and fair trial of those who remain in custody and for the state to drop the charges of all former prisoners of conscience, including Jestina Mukoko.

On 5 May, eighteen human rights and political activists were once again detained in Zimbabwe following their indictment to appear before the High Court on charges of terrorism and bombings, widely believed to be fabricated by the previous government. The Attorney General’s office had made submissions in court on 4 May to have the bail of the 18 accused people revoked.

In Zimbabwean law, when a person is indicted to appear before the High court, the accused has to re-apply for bail.

“These detainees were victims of enforced disappearance, torture and other ill-treatment. For months after their 'discovery' at police stations in Harare around 23 December 2008, some were repeatedly denied access to medical care," said Veronique Aubert, Deputy Director of Amnesty International’s Africa programme.

Two of the detainees, Ghandi Mudzingwa and Kisimusi Chris Dhlamini, were not released on bail until April 2009. They were under police guard in hospital when bail was granted, and remained there after their release as they were being treated for injuries sustained as a result of torture. Three days after their release on bail prison officers, who were later replaced by officers from the Law and Order Section of the Zimbabwe Republic Police and the Central Intelligence Office, returned to the hospital and unlawfully detained them.

“The trial of these human rights and political activists has all the hallmarks of a political trial similar to the charges brought against 32 MDC activists arrested in March 2007 whose charges were acquitted by the courts or had the charges dropped.”

"The charges also appear to be malicious and similar to 2002 treason trial of Mr Morgan Tsvangirai, now Prime Minister, and Mr Welshman Ncube, who is Minister of Industry and Commerce in the inclusive government, who were also acquitted by the courts.”

“The detention of these activists casts a dark shadow over the inclusive government and puts into question the government's commitment to ending a culture of human rights violations used by the previous government against perceived opponents” said Veronique Aubert.

Prime Minister of Kurdistan Region of Iraq commits to human rights

Thu, 23 Apr 2009 18:03:57 +0100

The Prime Minister of Kurdistan Region of Iraq, Nechirvan Barzani, expressed a strong commitment to human rights in a meeting with Amnesty International in the city of Erbil on Thursday.

Amnesty International's visit to the Kurdistan region follows the publication last week of its report, Hope and Fear: Human rights in the Kurdistan Region of Iraq.

The report said that security forces in Iraq's autonomous Kurdistan Region operate outside the rule of law and regularly abuse their authority. It detailed many cases of people who were arbitrarily detained by Asayish (security) officials, tortured and forcibly disappeared.

At the meeting, Prime Minister Barzani said that a new law was being prepared to make the Asayish accountable to the Council of Ministers, though the timetable for this was still unclear.

The Prime Minister told Amnesty International that he had personally read the report and that he had instructed that its recommendations be circulated to the detention authorities and to government ministries. He assured the organization of his determination to ensure that the Asayish and other security agencies are made fully accountable under the law.

Amnesty International's report also described recent improvements including the release of hundreds of long-term political detainees in 2008 and legal reforms affecting the status of women and media freedom.

The Prime Minister assured Amnesty International that he and his government are committed to stamping out so-called honour crimes and to ensuring that women are afforded effective protection against violence, including within the family.

"The Kurdistan Regional Government has taken positive human rights steps in recent years," said Malcolm Smart, Director of Amnesty International's Middle East and North Africa Programme and head of the organization's delegation in the Kurdistan Region.

"In particular, it has put in place concrete measures to combat violence against women, and we are heartened by this. At the same time, we emphasized the need to ensure that women's human rights defenders are fully involved in all stages of developing and implementing policies to end violence, discrimination and to increase life opportunities for women and girls."

Last of activists abducted in December released by Zimbabwe's authorities

Mon, 20 Apr 2009 14:59:50 +0100

The last three political prisoners who were abducted by state agents in Zimbabwe in December 2008 were released on bail on Friday. Kisimusi Dhlamini, Andrison Manyere and Gandhi Mudzingwa were among more than 30 human rights and political activists who were victims of enforced disappearances and subsequent illegal detention.

They were in detention for more than four months. Both Kisimusi Dhlamini and Gandhi Mudzingwa were among those who were tortured by state agents. Amnesty International who condemned the abductions gave the releases a conditional welcome.

"Their release is long overdue and it means that they can finally begin the difficult process of dealing with the trauma of being the victims of such severe violations,” said Simeon Mawanza, Amnesty International’s expert on Zimbabwe. "Hopefully, this is the last we see of this kind of activity by Zimbabwe's authorities."

Kisimusi Dhlamini, Andrison Manyere and Gandhi Mudzingwa were granted bail on 9 April. However, the state attempted to block their release by notifying its intention of appealing to the Supreme Court to reverse the order.

Since the state appeal was not lodged within the seven days stipulated by law, the detainees were released. They continue to face charges of terrorism, widely believed to be fabricated by the state.
The other former prisoners of conscience and political detainees who were victims of enforced disappearance and illegal detention also still face similar charges.

Kisimusi Dhlamini and Gandhi Mudzingwa were both under police guard at Avenues Clinic where they were receiving treatment having been tortured by state security agents following their enforced disappearances. Andrison Manyere was being held at Chikurubi Maximum Security Prison.

Amnesty International called on the government to investigate reports of missing activists who were allegedly abducted by state agents between October and December 2008.

"It is a scandal that the new government has still not fully investigated the enforced disappearances of more than 30 people last year," said Simeon Mawanza. "Nor have allegations of torture and ill-treatment by the victims been investigated by the authorities. In fact, the state appears to be protecting the perpetrators.

"The fact that these activists continue to face charges casts doubt on the commitment of the government to end the culture of human rights violations used by the previous government against perceived opponents."

Simeon Mawanza added that Amnesty International was especially disappointed by the "hands-off attitude" by Southern African Development Community and the African Union, despite clear evidence showing that ZANU PF is undermining the Global Political Agreement.