March Newsletter

NWS 21/002/2001

Brazil: A year on and still no justice

Tear gas, rubber bullets and baton charges were reportedly used by police on peaceful protesters when they threatened to disrupt government-run anniversary celebrations. The demonstrators took to the streets on 22 April 2000 to highlight the poor treatment of indigenous and marginalized communities – on the day official celebrations were being held to celebrate the 500th anniversary of the Portugese arrival in Brazil. The Bahia state military police have been accused of using arbitrary and excessive force to stop two marches from reaching the town of Porto Seguro, in Bahia, where the festivities were taking place. Around 34 protesters were injured and more than 140 were detained.

It is now almost a year since the attack and there has neither been any comprehensive investigation into the events of that day nor anyone held to account. Instead, the state and federal authorities have sought to make political capital from the violence. They have portrayed the victims as the perpetrators, while commending those apparently responsible. The Federal Prosecutor's Office, which had made efforts to prosecute those responsible, was severely hampered by a lack of resources and a clear unwillingness on the part of the federal and state authorities for the case to be pursued with due diligence.

The federal and state authorities had invested heavily, both politically and financially, in the anniversary celebrations. It cost the Brazilian government R$66.7 million (approximately US$35 million) to organize the events which focused on Porto Seguro, where the first Portugese ships landed.

In the run-up to these official celebrations, several political movements, trade unions, non-governmental organizations, grass-roots and indigenous organizations set up Outros 500(Other 500 years). This initiative was planned as a way of using the symbolic date to focus on the situation of the indigenous people, the landless, racial minorities and other marginalized groups in Brazilian society.

On the day of the anniversary, demonstrators from black and indigenous groups as well as popular activists, politicians, students and many others tried to march from Coroa Vermelha to Porto Seguro.

Military police blocked the road, then reportedly used excessive force to break up the peaceful demonstration, attacking marchers with tear gas, rubber bullets and batons. Numerous witnesses alleged that the police attack was unprovoked and apparently designed to prevent the marchers from reaching Porto Seguro where the presidents of Brazil and Portugal were leading the official celebrations.

By refusing to take decisive action to investigate these allegations, the authorities are strengthening the protesters' claims – that the marginalized and dispossessed continue to be denied justice in Brazil. Furthermore, the authorities' refusal to ensure a comprehensive, transparent and impartial investigation of the events of 22 April 2000 demonstrates that the judicial system continues to ensure that justice is not equally available to all.

Please write, calling for a full and effective investigation into the events of 22 April 2000 in order to bring those responsible to justice and demonstrate the authorities' commitment to end impunity. Send appeals to the Minister of Justice: Dr. José Gregori, Exmo Sr Ministro da Justiça do Brasil, Ministério da Justiça, Esplanada dos Ministérios, Bloco 23, 70064-900 Brasília, DF, Brazil. Fax: +55 61 224 2448/322 6817.

© Reuters - Brazilian Indians protest peacefully.

Tunisia: Targeting of human rights defenders escalates

The targeting of human rights defenders has escalated to an unprecedented level in recent months. Many face harassment by security forces, threats of prosecution, beatings or ill-treatment, and having their telecommunication lines cut and passports confiscated.

On 5 January 2001, the Tunisian authorities decided to imprison human rights lawyer Nejib Hosni (pictured) for five and a half years – in effect, forcing him to complete a prison term he was given in January 1996. He had been sentenced to eight years' imprisonment after an unfair trial in which he was convicted on a trumped-up charge of falsifying a land contract. Nejib Hosni – a member of the Conseil national pour les libertés en Tunisie(CNLT), National Council for Liberties in Tunisia, who has won several international prizes for his human rights work – was released conditionally in December 1996.

At the same time as his conviction in January 1996, the court banned him from practising law for five years. The sole authority empowered to suspend a lawyer is the Bar Association, which confirmed in writing that it had made no such ruling in the case of Nejib Hosni. The most recent decision to keep him in prison came on the day he was due for release from a 15-day prison sentence for having resumed his practice as a lawyer.

CNLT spokesperson, Dr Moncef Marzouki, was sentenced to one year's imprisonment on 30 December 2000 for ''maintaining an unauthorized association'' and ''spreading false information liable to disturb public order''. He refused to appeal against the verdict, stating that he did not believe in the independence of the Tunisian judiciary. However, the prosecution has appealed for a heavier sentence.

The Ligue tunisienne des droits de l'homme(LTDH), Tunisian Human Rights League, has also been targeted. On 27 November 2000, a month after outspoken human rights activists were elected to the executive board, a court suspended all LTDH activities claiming that four of the organization's members had complained of unfair elections. The president and executive board were ordered to leave the LTDH premises at once. Three days later the same court appointed a judicial administrator to take over LTDH affairs until a trial could be held to determine the organization's future. The authorities currently control the LTDH offices, allowing them free access to confidential information held there and putting at risk those who have testified to human rights abuses.

What You Can do:

Please write, calling for the immediate and unconditional release of Nejib Hosni as a prisoner of conscience, for the conviction against Moncef Marzouki to be quashed and for the suspension of the LTDH's activities to be lifted. Send appeals to: M. Bechir Takkari, Ministre de la Justice, Ministère de la Justice, 31 Boulevard Bab Benat, 1006 Tunis, Tunisia. Fax: +216 1 568 106.

E-mail: mju@ministeres.tn

© AI.

Nejib Hosni.

Jammu and Kashmir: Despite state government promises, impunity prevails

Thirty-five Sikhs were killed by unidentified gunmen in the village of Chittisinghpora on 20 March 2000. In response, security forces made a series of arrests and detained at least 17 men. Five of the men died later in custody, though the security officers maintained they were killed while resisting arrest. When demonstrators took to the streets in the district of Brakpora on 3 April to protest the innocence of the five dead men, demand the return of the five bodies and to know the whereabouts of the other 12, police opened fire. Seven were killed and another 11 injured, four critically.

Only after a public outcry did the state government take action and launch a judicial commission of inquiry into the deaths of the protesters at Brakpora. The commission found members of the police and security forces to be responsible and recommended legal action as well as further commissions to investigate related incidents.

At a press conference on 30 October 2000 Dr Farooq Abdullah, Chief Minister of Jammu and Kashmir (pictured holding copies of the reports) announced that he accepted the reports of the commission and of an internal police inquiry held into the Brakpora incident, that those responsible would be brought to justice and that a commission would be initiated into the other killings. To date no one has been charged in connection with these incidents and no further commissions have been ordered.

He also promised to act upon the findings of an internal investigation into the killing of 23 Hindu pilgrims at Pahalgam which recommended that members of the Central Reserve Police Force be charged with murder. Typically, as yet no action has been taken against those responsible.

This series of incidents and the government's response to them typify the climate of abuse that exists in the Indian state of Jammu and Kashmir, and the level of impunity enjoyed by the state security forces.

For further information see India: A trail of unlawful killings in Jammu and Kashmir: Chittisinghpora and its aftermath (AI Index: ASA 20/24/00) and a new report to be published at the end of March 2001.

© Reuters

Dr Farooq Abdullah holding a copy of the report into killings of pilgrims at Pahalgam

The Wire

Exciting times ahead for the Amnesty International newsletter

From May 2001, the newsletter will be renamed The Wire. It will have a fresh, new and larger format with twice as many articles and more information. Publishing 10 times a year, The Wire will bring you more up-to-date news on AI's concerns and how you can help.

This new format will also offer the

flexibility to provide:

• Longer and more in-depth articles

• More worldwide appeals

• Feature articles

• Full colour

• Bigger and better photographs

• Updates and good news

• A regular ''What does it mean?''

section explaining AI terms

From May, we are also planning to launch The Wire on the Amnesty International website, www.amnesty.org, which means you can have instant access to each month's news, worldwide appeals and any updates.

We welcome your feedback and any contribution you would like to make over the coming months to help us improve the content and effectiveness of The Wire.

You can contact us either by e-mail at newslett@amnesty.org or by writing to The Newsletter Team, Publications Program, Amnesty International, International Secretariat, 1 Easton Street, London, WC1X 0DW, United Kingdom.

WORLDWIDE APPEALS

WWA GUATEMALA University lecturer ''disappears''

Mayra Angelina Gutiérrez Hernández, a university lecturer and women's rights activist, has not been seen since she left her 17-year-old daughter at the bus-stop on 7 April 2000.

It is feared her ''disappearance'' was politically motivated and may have been part of a campaign against the University of San Carlos. At least two activist students were reportedly killed in the same month and the university has been a long-term target of human rights violations in Guatemala.

Another factor behind Mayra's ''disappearance'' may be that she helped prepare a report on illegal adoptions three years ago and was reportedly a major source of information for the Special Rapporteur on the sale of children, child prostitution and child pornography. The subsequent report, issued in January 2000, was officially presented to the UN Commission on Human Rights shortly before she went missing.

Mayra comes from a family of well-known political activists; her brother and sister ''disappeared'' in the 1980s. It is now known that Mayra was listed on a military intelligence database apparently compiled during the 1980s, and made public on 7 May 2000, which strengthens fears that her ''disappearance'' was politically motivated.

Last December, the Guatemalan Human Rights Procurator, Julio Arango, was given a special mandate by the Supreme Court to investigate Mayra's ''disappearance''. This gives him special powers to enter into civilian and military installations in order to try and determine her whereabouts.

Please write, expressing concern at the ''disappearance'' of Mayra Gutiérrez. Request that the special mandate continue as long as is necessary to determine Mayra's fate and urge the relevant officials to cooperate fully with the Procurator. Send appeals to the Minister of Defence: Gral. Eduardo Arévalo Lacs, Ministro de Defensa Nacional, Ministerio de Defensa, Antigua Escuela Politécnica, Avenida Reforma 1-45, Zona 10, Ciudad de Guatemala, Guatemala. Fax: +502 360 9909, and to the Minister of Interior: Sr. Byron Barrientos, Ministro de Gobernación, Ministerio de Gobernación, 6ª Avenida 4-64, Zona 4, Ciudad de Guatemala, Guatemala. Fax: +502 362 0239/362 0237.

© Private. AI has complete rights to use the picture.

Mayra Angelina Gutiérrez Hernández

WWA Uzbekistan Human rights defender Ismail Adylov in prison

Ismail Adylov, a 51-year-old married father of five, is serving a six-year sentence in Kyzyltepa labour colony near Bukhara as punishment for his human rights activity. He is a member of the unregistered Independent Human Rights Organization of Uzbekistan (NOPCHU) and the opposition movement Birlik, and has been involved in defending human rights since 1992. Among other things NOPCHU has been monitoring trials of defendants accused of Islamic fundamentalism in connection with bomb explosions in the capital Tashkent in February 1999. Many of these trials have fallen short of international fair trial standards.

After his arrest in July 1999 Ismail Adylov was reportedly held incommunicado for 11 days. It is said that shortly after his detention police searched his home without a warrant and planted illegal leaflets relating to the banned Islamic organization Hizb-ut-Tarhir. These were used in court as evidence against him.

In September 1999 he was sentenced to six years' imprisonment by Syrdaryinsky District Court for attempting to overthrow the constitutional order, sabotage and possessing material constituting a threat to public security and order. Independent trial monitors were reportedly refused entry to the courtroom for most of the trial.

His appeal to Syrdaryinsky Regional Court was unsuccessful and the sentence was upheld on 26 October 1999. A further appeal is still pending with the Supreme Court.

His state of health has seriously deteriorated during the last few months and he does not get appropriate medical treatment for a chronic kidney disease which makes him extremely susceptible to infections.

Please write, calling for the immediate and unconditional release of prisoner of conscience Ismail Adylov. Send appeals to: President of Uzbekistan, Islam Abduganiyevich Karimov, 700163 Tashkent, Uzbekistan. Fax: +998 71 139 53 25/139 15 17.

© Human Rights Watch (no restrictions)

Ismail Adylov.

WWA INDONESIA Humanitarian workers tortured and unlawfully killed

Ernita binti Wahab, aged 23,Idris Yusuf, aged 27, and Bakhtiar Usman, aged 24, volunteers working with Rehabilitation for Torture Victims in Aceh (RATA), a humanitarian organization, and Rusli, a local villager, were tortured and shot dead on 6 December 2000 in North Aceh.

Nazaruddin Abdul Gani, aged 22, also a volunteer with RATA – who managed to escape – described how their vehicle was stopped by around 14 men in unmarked vehicles, some of whom he believed to be from the military. Accused of reporting human rights violations and belonging to the Free Aceh Movement (GAM), an armed opposition group, they were beaten with rifles and had shots fired at their feet. They were driven through three military check-points and at one Nazaruddin heard one of the captors ask whether they could finish them off there, the military commander was heard to reply: ''No, not here''. They were then driven to the town of Lhokseumawe, where the four were shot dead.

The police are investigating the case and a number of people, including military and police officers, have been detained. Hundreds of people have been extrajudicially executed in Aceh in the last two years. Humanitarian workers and human rights defenders are often targeted. Investigations and trials have been rare and when they have taken place have failed to meet international standards.

Please write, calling for all those involved, including those with command responsibility, to be brought to justice. In the meantime, any members of the security forces suspected of involvement should be immediately suspended from duty. Measures should be taken to protect Nazarrudin Abdul Gani, other members of RATA, and all humanitarian workers and human rights defenders in Aceh. Send appeals to: Commissioner-General Bimantoro, National Police Chief, Kapolri, Markas Besar Kepolisian RI, Jl. Trunojoyo 3, Kebayoran Baru, Jakarta Selatan, Indonesia.

Fax: +622 1720 7277.

Ukraine ''Disappearance'' ignites freedom of press debate

Late in the evening of 16 September 2000, independent investigative journalist Georgiy Gongadze left a friend's house in the capital, Kiev, but failed to return home to his wife and two children. Six weeks later, on 3 November, a decapitated body was found in a shallow grave by mushroom pickers in woodland in the Tarashcha Rayon, not far from Kiev. The body is thought to be that of the missing 31-year-old journalist.

On 28 November the Georgiy Gongadze case escalated into a major political scandal when the leader of the Socialist Party of Ukraine, Olexandr Moroz, implicated President Leonid Kuchma in the ''disappearance''. Moroz claimed that former state security officer Mykola Melnychenko, while working in the presidential office, surreptitiously recorded President Kuchma discussing with two high-ranking officials how to silence Georgiy Gongadze.

President Kuchma has vociferously denied the allegations, denouncing the alleged tape recordings as a''provocation'' and threatened both Olexandr Moroz and Mykola Melnychenko with libel action.

As the editor of the Internet newspaper Ukrayinskaya Pravda (Ukrainian Truth), Georgiy Gongadze became well-known for highlighting the alleged endemic corruption in government and business circles. But his exposés made him an object of police and security services' attention. The harassment reportedly became so bad in the weeks leading up to his ''disappearance'', that he was forced to complain publicly about the treatment facing both himself and his colleagues.

The ''disappearance'' of Georgiy Gongadze and allegations of state involvement have ignited a fervent

national and international discussion about the fragile state of freedom of the press in the former Soviet republic. The US-based Committee to Protect Journalists included Leonid Kuchma in its 1999 list of the world's 10 worst enemies of the press. In December 2000, Reporters without Borders also pilloried the Ukrainian authorities, stating: ''Attacks and threats against journalists have been increasing. At least 20 have been recorded by Reporters without Borders since 1 January 2000. Meanwhile harassment by tax authorities and heavy fines for libel are still stifling the independent press financially''.

Please write, calling for a full investigation into the ''disappearance'' of Georgiy Gongadze and for those responsible to be brought to justice. Send appeals to: Procurator General of Ukraine, Mykhaylo Potebenko, ul. Reznitskaya, 13/15, 252601 Kiev, Ukraine.

©

Georgiy Gongadze

Sierra Leone UN investigation exposes continuing trade in arms and diamonds

A United Nations (UN) investigation has found damning and unequivocal evidence that the illegal trade in uncertified rough diamonds from Sierra Leone is continuing to finance military assistance for rebel forces.

A UN panel of experts, which published its report in December 2000, found that the government of neighbouring Liberia was actively supporting the rebel Revolutionary United Front with training, weapons and logistical support. It reported that international arms brokers were arranging shipments to Liberia, mainly from eastern European countries such as Ukraine, through Burkina Faso with the complicity of that government.

The panel of experts also found that diamonds from rebel-held areas were leaving Sierra Leone through Liberia and were also traded through Burkina Faso and other West African countries. This is despite UN embargoes on both arms to rebel forces and the import of diamonds from rebel-held areas.

The governments of Liberia and Burkina Faso, through international criminal networks, have directly contributed to a human rights catastrophe in Sierra Leone. Arms and diamond dealers, brokers and freighters operate on an international scale, however, and powerful governments in countries such as Belgium, Israel, Switzerland and the United Kingdom are failing to regulate and control them.

The panel of experts has made a series of recommendations for ending the arms-for-diamonds trade. Many of these recommendations are supported by AI, including: the immediate grounding of all aircraft suspected of being used in the transfer of arms and ammunition; the establishment by all governments of strict regulation and control of those brokering or transporting arms or providing military training; and effective measures to end the trade in conflict diamonds, especially through Liberia, which would include making the origin of the diamonds transparent, not only the country exporting them.

This report marks a major step towards tackling an armed conflict characterized by some of the worst known human rights abuses, and provides more than enough evidence to demonstrate that urgent action is needed from many governments to halt the arms-for-diamonds trade.

© Reuters

Diamond miner shifts water.

USA Good News

Jimmy Johnson, a Liberian refugee, has been released after being imprisoned for six years while his asylum claim was processed. The case exposed fundamental flaws in the system for handling political asylum cases in USA and AI has again called on the Immigration and Naturalization Service to reform its detention system so it is more fair and expeditious. For further details of this case and other refugee issues visit the website: http://www.amnestyusa.org/refugee

Uzbekistan Good News

Makhbuba Kasymova (see Worldwide Appeals, December 1999) was released from prison on 22 December 2000. She sends thanks to everybody who campaigned for her release and says: ''Without the support of international human rights organizations I wouldn't have been released. My family received a lot of letters from all over the world. When I was released the prison guards handed over to me a package of forty letters. They hadn't given me a single one before.''