AI Index: NWS 11/41/91

Distr: SC/PO

No. of words: 1712

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Amnesty International

International Secretariat

1 Easton Street

London WC1X 8DJ

United Kingdom

TO: PRESS OFFICERS

FROM: PRESS AND PUBLICATIONS

DATE: 30 OCTOBER 1991

WEEKLY UPDATE SERVICE 41/91

Contained in this weekly update are external items on the commonwealth,

Morocco and Ireland.

1. NEWS INITIATIVES - INTERNAL

Djibouti - 6 November

A targeted news release for African and French-speaking media, based on a

memorandum sent to the government to be sent to sections this week. This

is the first major document on Djibouti. The summary is available in

English; the rest of the document is only available in French.

Peru - 21 November

Peru - Human rights in a climate of terror AMR 46/56/91

Please see the detailed note sent to sections today about new materials.

Middle East Peace Conference - 30 October

A summary of concerns and questions and answers sheet were sent to sections

last Friday.

14 November - Francophone summit

The Francophone sections are coordinating a project to coincide with the

Francophone summit being held in Paris from 19 to 21 November. A special

document has been prepared by the sections on our concerns in Francophone

countries, focusing on the theme of freedom of expression and freedom of

conscience, thought and religion; a targeted news release is planned for a

few days before the event; and an AI delegation will be present in Paris at

the time of the summit. For further information, please contact the project

coordinator, Daniel Bolomey, in the Swiss Section.

27 November - Refugee concerns in Europe

Leading up to the meeting of European leaders in the Netherlands in

December, we will be releasing a report on our concerns about the treatment

of asylum seekers in Europe in the context of European political and

economic harmonization. This will be of particular interest to European

media; we would be interested in hearing from any European section press

officers who have issued news releases on this subject in the past so that

we don't use the same news angle. Could you please also ensure that your

section refugee coordinators are aware of this publication date.

Weekly Update NWS 11/41/91

2. EUR 29/WU 01/91 EXTERNAL

30 October 1991

REPUBLIC OF IRELAND: AI CALLS AGAIN FOR INDEPENDENT INQUIRY INTO SALLINS

TRAIN ROBBERY CASES

Amnesty International has renewed its call for an independent inquiry into

allegations of ill-treatment in custody made in connection with the Sallins

mail train robbery in the Republic of Ireland.

In a letter to the Irish Government on 21 October 1991, the

organization said that it remains concerned about the origins of injuries

sustained by Osgur Breatnach, Nicky Kelly, Brian McNally and John

Fitzpatrick while held in custody following the 1976 robbery.

Osgur Breatnach, Nicky Kelly, and Brian McNally were convicted in

1978 of involvement in the robbery, solely on the basis of confessions

allegedly obtained by ill-treatment during incommunicado detention. The

Court of Criminal Appeal in 1980 ruled that the confessions of Osgur

Breatnach and Brian McNally had been involuntary and quashed their

sentences. Nicky Kelly was released on "humanitarian grounds" in 1984.

John Fitzpatrick had been charged initially with involvement in the Sallins

robbery, but the charges against him were dismissed.

The recently broadcast RTE (Irish state broadcasting company)

television documentary on Nicky Kelly's case, "Though the Heavens May

Fall", underscored Amnesty International's continued doubts about the

findings of the Special Criminal Court in 1978 regarding the allegations of

ill-treatment. A linguistic analysis of Nicky Kelly's alleged confession,

commissioned by RTE and carried out by Andrew Morton, a speech pattern

expert based at Glasgow University, cast further doubt on the admissibility

of this alleged statement as evidence of Nicky Kelly's involvement in the

Sallins mail train robbery.

Evidence derived from this technique, which Andrew Morton has claimed

has the same validity as a finger print, was recently accepted in the

United Kingdom in a case before the Court of Appeal - resulting in the

quashing of a 12-year conviction for armed robbery. Andrew Morton, who was

not aware of Nicky Kelly's case before being approached by RTE, has said

that he is "perfectly confident" that the words allegedly spoken could not

have come from Nicky Kelly. He has claimed that the results establish that

the alleged confession could not have been the work of one person, and that

at least two people had been involved in its production.

Amnesty International understands that the Ministry of Justice is

currently considering the linguistic analysis presented in the RTE

documentary. In the light of this evidence, Amnesty International has

urged the government to set up an inquiry to address those questions about

the injuries sustained by all four men which were not satisfactorily dealt

with by the Special Criminal Court, and to make public its findings.

Weekly Update NWS 11/41/91

3. MDE 29/WU 11/91 EXTERNAL

30 October 1991

MOROCCO: RELEASE OF TAZMAMERT DETAINEES

Eleven prisoners formerly held incommunicado for 18 years in the secret

detention centre at Tazmamert have been released. The detention centre at

Tazmamert was demolished in September 1991 and its inmates moved to an

undisclosed location.

Only one of the detainees, M'barek Touil, who is married to an

American woman, was released before King Hassan II's visit to the United

States at the end of September 1991. The eleven so far released include

Mohammed Zemmouri, Ahmed Elouafi and Abdelaziz Daoudi. Two others, Mohammed

Raiss and Achour Ghani, have been transferred to Kenitra Central Prison.

Mohammed Raiss was said to be very ill.

Former Tazmamert detainees so far freed have been released from

different police stations and from Kenitra Central Prison. Most of them

are reported to be in very poor physical condition.

When Morocco appeared before the United Nations Human Rights

Committee on 22 October 1991 the Moroccan representatives stated that the

question of Tazmamert was "in the process of being resolved" (en voie de

règlement). However, no details were given about the whereabouts of the

detainees.

No news has yet been received of the three Bourequat brothers who

"disappeared" in 1973 and were reported to be among those held in

Tazmamert.

On 7 August this year Amnesty International publicly urged King

Hassan II to release the surviving military detainees in Tazmamert. Twenty

nine of the 61 transferred from Kenitra Central Prison to Tazmamert on 7

August 1973 are believed to have died as a result of the particularly harsh

conditions of detention. One other detainee, Hamid Bendourou, is reported

to have died since he was moved from Tazmamert. AI continues to call for an

impartial inquiry into alleged ill-treatment of the prisoners who were held

at Tazmamert and the circumstances leading to the deaths of so many of

them.

Weekly Update NWS 11/41/91

4. IOR 31/WU 02/91 EXTERNAL

30 October 1991

COMMONWEALTH: HEADS OF GOVERNMENT MEETING STRENGTHENS COMMITMENT TO HUMAN

RIGHTS

Amnesty International has welcomed the Declaration of the meeting of the 50

Commonwealth heads of government in Harare which pledged the Commonwealth

and its member countries to step up efforts to protect and promote the

fundamental values of the Commonwealth including human rights.

The organization said that the Declaration makes a significant break

with past policy by expressly pledging to take steps to protect as well as

promote human rights, but unfortunately does not commit the Commonwealth or

its member states to any concrete steps to protect such rights.

The Declaration refers to such fundamental human rights as "equal

rights and opportunities for all citizens regardless of race, colour, creed

or political belief" and to other fundamental values as "democracy,

democratic processes and institutions which reflect national circumstances,

the rule of law and the independence of the judiciary, just and honest

government".

The Declaration also pledged to extend "the benefits of development

within a framework of respect for human rights" and reaffirmed an earlier

commitment to "the liberty of the individual under the law".

To implement these commitments, the heads of government stated they

would improve Commonwealth co-operation in these areas, which would include

strengthening the Commonwealth's ability to assist its members in

entrenching "the practices of democracy, accountable administration and the

rule of law". They also invited non-governmental organizations to help

promote these objectives.

Amnesty International also welcomed the strong endorsement of human

rights in the meeting's final communiqué, which reaffirmed the heads of

governments' strong collective commitment to the principles of justice and

human rights, including the rule of law, the independence of the judiciary,

equality for women and accountable administrations.

The heads of government also endorsed the report and recommendations

of the Commonwealth Governmental Working Group of Experts on Human Rights,

which recommended that the objectives of human rights promotion in the

Commonwealth should include reinforcing the independence of the judiciary

and promoting adherence to and implementation of international human rights

treaties. It also recommended that the Commonwealth should provide

education, training and assistance to promote human rights, that the

Commonwealth Human Rights Unit should establish a wide range of human

rights programs, and that the Commonwealth should develop ways to

adequately fund these efforts.

In the communiqué, the heads of government called on the Commonwealth

Secretariat "to give greater impetus to its current activities to promote

human rights in all its aspects" and recognized the role that non-

governmental organizations could play in this area. They also called on

all member states which had not yet done so to become parties to the

International Covenants on Civil and Political Rights and Economic, Social

and Cultural Rights, but, regrettably, made no mention of other important

international treaties for the protection of human rights, such as the

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment

or Punishment.

In August 1990 Amnesty International made recommendations for

strengthening human rights in the Commonwealth which it submitted to all 50

heads of government. Amnesty International is pleased that the meeting

adopted a number of these recommendations, but it is disappointed that the

Commonwealth heads of government did not recommend increased funding for

human rights promotion and protection. Instead it agreed to consider making

appropriate contributions to the budget as a whole if, after a financial

review, it is determined that additional resources are needed.

Amnesty International said that although the declaration and

communiqué are not legally binding on members of the Commonwealth, they

have strong moral force, representing solemn political commitments

undertaken by 50 heads of government representing a wide range of political

systems and cultures from all over the world. As such the extent to which

each country implements these undertakings will be a measure of their

commitment to human rights.

AI Index: NWS 11/41/91

Distr: SC/PO

No. of words: 1424

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Amnesty International

International Secretariat

1 Easton Street

London WC1X 8DJ

United Kingdom

TO: PRESS OFFICERS

FROM: PRESS AND PUBLICATIONS

DATE: 1 November 1991

ADDITION TO WEEKLY UPDATE SERVICE 41/91

Contained in this addition to the weekly update are external items on Egypt

and Hong Kong and an internal item on Chile. Press officers are asked to

draw the attention of their section refugee coordinators to the item on

Hong Kong.

1. MDE 12/WU 02/91 EXTERNAL

1 November 1991

EGYPT: PEACE CONFERENCE PROTESTERS ARRESTED

Amnesty international has received the names of more than 60 people who are

among a total of about 200 reportedly arrested in Egypt during the last few

days in connection with their criticism of the Madrid peace talks.

Most are alleged members and sympathizers of the Muslim Brothers.

Some were reportedly arrested in connection with the preparation of

leaflets or posters, while others are being held in administrative

detention without charge or trial.

Amnesty International believes they may be held for the non-violent

expression of their conscientiously held beliefs, and that they may be at

risk of torture.

Weekly Update NWS 11/41/91

2. AMR 22/WU 04/91 INTERNAL: FOR RESPONSE

1 November 1991

CHILE: POLITICAL PRISONERS ON HUNGER STRIKE

Six prisoners arrested during the 1980s and charged with politically-

motivated offences went on hunger strike on 29 September, demanding the

release of the 80 remaining political prisoners in Chile.

Two of the hunger strikers are said to be in a very weak condition and

all of them are receiving medical attention; another political prisoner who

joined the hunger strike later on has since been released.

Amnesty International has no evidence to confirm that any of the six

hunger strikers are prisoners of conscience, but believes that their trials

were subject to serious irregularities. The organization has evidence that

the proceedings to which all the political prisoners arrested under the

former military government of General Augusto Pinochet were subjected did

not comply with international standards for a fair trial.

On 2 October, between 400 and 500 anti-riot prison guards raided the

Cárcel Pública (Public Prison) in Santiago where most of the political

prisoners are being held. Human rights organizations have alleged that

while the guards were reportedly searching for two escape tunnels, they

beat several of prisoners who then needed medical treatment. A special

investigating judge has been appointed to look into the incident. Amnesty

International is concerned about the reports of ill-treatment, welcomes the

appointment of the investigating judge and calls for the results of his

investigations to be made public.

Since the civilian government of Patricio Aylwin took office in Chile

in March 1990, some 300 prisoners charged with politically-motivated

offences under the previous military government have been released. Forty

seven of them received a presidential pardon soon after the government came

to power. Others were released following legislative reforms introduced in

February 1991, intended to speed up the trials against the remaining

political prisoners, the majority of whom had experienced long delays in

their cases.

The reforms included the transfer of cases from military to civilian

jurisdiction, and stricter time-limits for cases to be heard. Another

reform gives political prisoners arrested before March 1990, most of whom

were tortured following their arrest and forced to make confessions under

duress, the right to make new statements before the courts. Other reforms

were blocked in the Senate by the opposition who hold the majority though

an agreement was finally reached allowing President Aylwin to grant a

pardon to certain convicted prisoners.

Despite the reforms introduced by the civilian government to expedite

proceedings, in a number of cases trials are still subject to delays in the

courts.

Weekly Update NWS 11/41/91

3. ASA 19/WU 02/91

1 November 1991

HONG KONG: AI'S CONCERNS ON REFUGEE SCREENING PROCEDURE

Amnesty International has urged the Hong Kong authorities to take immediate

steps to correct the remaining shortcomings in the screening process for

Vietnamese asylum-seekers to ensure that those people who will be forcibly

returned to Viet Nam in future are not at risk of human rights violations.

The human rights organization welcomed the recent steps that have

already been taken to improve the screening process, but said there are

still several shortcomings that have been raised with both the Hong Kong

and United Kingdom governments in recent years.

Amnesty International said it was concerned about three main aspects

of the screening process that undermine its effectiveness in identifying

people who would be at risk of human rights violations if returned to Viet

Nam:

- Asylum-seekers do not always receive legal advice and assistance

and, in particular, are not provided with individual legal advice and

assistance at the crucial first stage of the screening process, in which

they are interviewed by an immigration officer.

- Asylum-seekers are not given an opportunity to see the written

record of that interview, which is used as the basis for the determination

of the person's refugee status, or to ask for corrections to be made to the

transcript, despite the fact that the Hong Kong authorities had apparently

given assurances in the past, notably following the outcome of the judicial

review in February 1991, that such a practice would be instituted.

- While Amnesty International welcomes the fact that, in a significant

number of cases, the Refugee Status Review Board (RSRB) uses its discretion

to interview asylum-seekers in person before making a decision, it remains

concerned that asylum-seekers do not have the right to appear in person

before the board. Amnesty International believes it is crucial that any

asylum-seeker whose claim might be refused is given an opportunity to

appear in person and be represented before the board, particularly as the

decision often turns on the issue of credibility.

Amnesty International understands that asylum-seekers who arrive in

Hong Kong after 29 October this year are to be subject to a quick screening

procedure which will not differ in substance from current procedures, but

will be significantly accelerated. It is reported that new arrivals who are

"screened out" under this new process will be forced to return to Viet Nam.

A policy of returning people who have been "screened out" is acceptable

only if all parties have confidence that the procedures are fair and

satisfactory, so that all asylum-seekers in need of protection are

identified.

Amnesty International is therefore urging the Hong Kong authorities

to ensure that past mistakes will not recur under the quick procedure and

that remaining deficiencies will be corrected, and seeks assurances that

the quick procedures to be applied to those asylum-seekers arriving after

29 October 1991 will provide each asylum-seeker with a full and fair

examination of their claim.

The organization said it would be extremely concerned if people who

were "screened out" before the improvements in the procedures came into

effect were to be forcibly returned to Viet Nam without each of them having

a full review of their case.

Amnesty International opposes the forcible return of any person to a

country where he or she risks being imprisoned as a prisoner of conscience

or being subjected to torture, "disappearance", or execution. It therefore

seeks to ensure that states establish fair and satisfactory asylum

procedures so that people who face such risks are identified and provided

with effective and durable protection.

Amnesty International is aware of the guarantees that have been given

by the Vietnamese government about the treatment of people returning under

the voluntary repatriation program, and which are set out in the December

1988 Memorandum of Understanding between the United Nations High

Commissioner for Refugees (UNHCR) and the Government of Viet Nam. The

organization also notes the steps that have been taken by UNHCR and the

international community to monitor those Vietnamese asylum-seekers who have

already returned to Viet Nam, from Hong Kong and from other first asylum

countries in the region, and that these monitoring arrangements have not

brought to light any reports that asylum-seekers who have voluntarily

returned to Viet Nam have suffered serious human rights violations after

their return.

However, despite these arrangements and despite the improvements in

the human rights situation in Viet Nam that have taken place in the past

several years, Amnesty International continues to have concerns about human

rights violations there. Notably, since April 1990 there have been new

reports about the Viet Nam government's suppression of dissent, and Amnesty

International knows of at least 40 people arrested for political reasons in

the past year, some of whom are prisoners of conscience. It is therefore

essential that no asylum-seekers are returned to Viet Nam without a fair

and satisfactory examination of their case and the risks they might face on

return.