Amnesty International News & Updates Feed

Russia moves one step closer to death penalty abolition

Fri, 20 Nov 2009 14:08:19 +0000

Amnesty International has welcomed a decision by Russia's Constitutional Court that brings the country a step closer to full abolition of the death penalty.

The Court decided on Thursday to extend the current moratorium on executions, which was due to expire in January, and recommended abolishing the death penalty completely.

“By taking this decision, the court frees the people of Russia from the fear of being put to death by their government. As long as Russia remains execution free, the inherent dangers of the wrongful use of the death penalty are removed,” said Nicola Duckworth, Europe and Central Asia Director at Amnesty International.

A moratorium has been in place since 1999 and was due to expire when all regions of the Russian Federation had introduced jury trials. This is set to happen on 1 January 2010 when jury trials are introduced in Chechnya.

The Court has now extended that moratorium, stating that: “The path towards the full abolition of the death penalty is irreversible."

Amnesty International has now called on the Russian authorities to remove the death penalty from law and ratify Protocol 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms.

“Russia has long been a supporter of abolition in the international arena and it is high time the country undertakes the last step and removes the death penalty in law," said Nicola Duckworth.

When Russia joined the Council of Europe in 1996, it promised to abolish the death penalty by 1999. The country stopped imposing the death penalty in 1998 and the Constitutional Court ordered a moratorium in 1999.

Tunisia releases prisoners held over Gafsa protests

Fri, 06 Nov 2009 15:50:06 +0000

The release of 68 prisoners, held for over a year in connection with popular protests last year against unemployment and high living costs in the resource-rich Gafsa region, has been welcomed by Amnesty International.

The organization also called on the Tunisian authorities to put an end to the mounting repression against independent journalists, human rights and student activists which has taken place in the wake of last month’s presidential and legislative elections.

All 68 prisoners were conditionally released under a presidential pardon issued by President Zine El-Abidine Ben Ali on Wednesday, to mark the 22nd anniversary of his accession to power on 7 November 1987.

Many of those released were prisoners of conscience, held solely for peacefully exercising their rights to freedom of expression and assembly.

Those who breach the conditions attached to their release are likely to be re-detained and required to serve out the remainder of their prison terms or placed under house arrest for the same period.
Those released include trade union leaders Adnan Hajji, Bechir Laabidi, Adel Jayar and Tayeb Ben Othman, who were among 38 people sentenced to prison terms of up to eight years on appeal in February 2009 after grossly unfair trials.

They were accused of leading protests in Gafsa in the first half of 2008 and which involved demonstrations against unemployment, the cost of living, nepotism and the unfair recruitment practices of the major employer in the region, the Gafsa Phosphate Company.

They were also accused of "forming a criminal group with the aim of destroying public and private property" and "armed rebellion and assault on officials during the exercise of their duties".

Another 50 of those suspected of being involved in the protests remain in hiding and were tried in their absence.

They include France-based human rights activist Mohieddine Cherbib. Fahem Boukadous, a journalist working for al-Hiwar Ettounsi, a Tunisian private television channel, also faces trial if he should be arrested; he was sentenced in his absence to six years in prison after he was convicted on appeal in February 2009 of charges relating to his coverage of the protests.

While welcoming the presidential pardon and release of prisoners, Amnesty International urged the Tunisian authorities to extend its application to cover all those who face charges on account of their peaceful involvement in the Gafsa protests, to quash the six-year prison sentence imposed on Fahem Boukadous and to lift the restrictions on released prisoners.

The organization also called on the Tunisian authorities to make public the findings of any investigations into the killing by the security forces of two Gafsa protestors last year.

Iranian refugees released from detention in Turkey

Tue, 27 Oct 2009 17:51:16 +0000

Two Iranian refugees who were refused access to the asylum system in Turkey and unlawfully detained for more than a year have been released, following months of campaigning on their behalf by Amnesty International.

Mohsen Abdolkhani and Hamid Karimnia were set free a month after the European Court of Human Rights (ECtHR) ruled that their deprivation of liberty was unlawful.

The two men had been held in a "Foreigners' Guest-House" in Kırklareli, despite an ECtHR interim decision preventing their deportation from Turkey, pending its consideration of the case.

Mohsen Abdolkhani told Amnesty International: “When we heard that we would be released, it was like being reborn.”

Amnesty International remains concerned that hundreds of people in Turkey continue to be held in detention unlawfully in Foreigners’ Guest-Houses.

On 28 September, Amnesty International launched a public campaign calling for the immediate release of Mohsen Abdolkhani, Hamid Karimnia and all others who are held under the provisions found to be unlawful by the European Court of Human Rights.

The organization also called for an overhaul of the rules governing the detention of people in Foreigners’ Guest-Houses in order to prevent any future unlawful detentions.

The ECtHR ruled on 22 September that Mohsen Abdolkhani and Hamid Karimnia had been detained unlawfully and that, if the men had been returned to Iran or Iraq, this would have been a violation of their right to protection from torture or other ill-treatment.

Mongolian death row inmate receives pardon

Thu, 15 Oct 2009 14:30:50 +0000

Amnesty International has welcomed the news that Mongolian prisoner Buuveibaatar has had his death sentence commuted after being granted a pardon by the country's President, Ts. Elbegdorj.

The 33-year-old was found guilty of murdering his former girlfriend’s new boyfriend in January 2008. His father claims the crime was committed in self-defence.

“We applaud President Elbegdorj’s pardon, but it’s only a first step,” said Sam Zarifi, Director of Amnesty International's Asia-Pacific Programme. “The Mongolian government should introduce a moratorium on the death penalty and commute the sentences of everyone currently still on death row in Mongolia.”

Buuveibaatar was sentenced to death by the Bayangol District Court in the Mongolian capital, Ulaanbaatar, on 1 August 2008.

The day after the murder, Buuveibaatar was arrested and taken to Bayangol District police station, where he was interrogated overnight without access to a lawyer. His father says that Buuveibaatar confessed to the crime after he was beaten during interrogation in police custody .

Buuveibaatar had exhausted all his means of appeal and his life could only be spared pursuant to a presidential pardon. He will continue to serve a prison sentence.

At least five people were executed in 2008 in Mongolia, where all aspects of the death penalty are classified as state secrets.

The families and lawyers of those on death row receive no prior notification of the execution and the bodies of those executed are never returned to their family. Conditions on death row are reported to be poor.

“Amnesty International calls for the government to promptly implement all measures to move towards abolition of the death penalty, as stated in The National Human Rights Action Programme of Mongolia” added Sam Zarifi.

Iran execution postponement move welcomed

Mon, 05 Oct 2009 12:01:33 +0000

Amnesty International has welcomed a move by the Iranian authorities to postpone the execution of an Afghan national accused of commiting a murder while still a child.

Abbas Hosseini was set to be executed on Monday, but judicial authorities in the city of Mashhad reportedly agreed to the postponement to allow more time to persuade the victim’s family to accept financial compensation in return for settling the case.

No new date for the execution is known to have been set yet.

Amnesty International urges the Iranian authorities to review his sentence so that he no longer faces the death penalty. As he was under 18 at the time of the alleged crime, his execution is strictly prohibited under international law.

Abbas Hosseini was sentenced to death in June 2004 for the murder of a man whom he said had tried to rape him in July 2003.

Hosseini was due to be executed on 1 May 2005, but was granted a one-week stay of execution at the last minute to give the victim’s family another opportunity to accept payment of diyeh, or blood money, a form of financial compensation for the blood relatives of the man who died.

In the meantime, the Head of the Judiciary ordered the local judiciary in Mashhad not to proceed with the execution and Abbas Hosseini’s case was sent for review. On 27 April 2008, the Supreme Court sent the case for retrial on account of Hosseini’s age at the time of the crime. He was sentenced to death again on 5 August 2008 by the General Juvenile Court in Mashhad.

This sentence was upheld on 29 December 2008 by Branch 33 of the Supreme Court and was given final approval by the Head of the Judiciary, paving the way for the execution which was to take place Monday.

Amnesty International believes that the protracted judicial uncertainty surrounding the review and retrial of his case, and the repeated halting at the last minute of his scheduled executions, do nothing except compound his suffering, and that of his family.

Since 1990, at least 41 alleged juvenile offenders have been executed in Iran and over 140 are known to remain on death row. At least three have been executed so far in 2009, in breach of Iran’s international obligations under the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child which unequivocally ban the execution of juvenile offenders.

Governments sign up to defend economic, social and cultural rights

Thu, 24 Sep 2009 16:21:20 +0000

Twenty states began signing an international agreement to address violations of economic, social and cultural rights at the United Nations in New York on Thursday. For the first time, the Optional Protocol on Economic, Social and Cultural Rights establishes a mechanism to access justice at an international level for people whose rights are violated.

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Many people around the world, particularly those living in poverty and discriminated against, suffer violations of their rights and are denied justice at the national level. The Optional Protocol will enable them to seek justice at the international level and will also support efforts within countries to ensure that effective remedies are available to victims.

"Justice for people whose economic, social and cultural rights are violated, took a decisive step forward today," said Muthoni Wanyeki of the Kenyan Human Rights Commission. Muthoni Wanyeki – representing a coalition of over 300 NGOs, including Amnesty International, campaigning for the Optional Protocol – is taking part in the Treaty Event for Heads of State at UN Headquarters in New York.

“The Coalition welcomes this significant beginning towards universal support for this historic mechanism. 33794 individuals and NGOs from 111 countries have signed a global petition calling on all States who are eligible to do so to become a party to the Optional Protocol through ratification.”

The following States have signed the Optional Protocol: Argentina, Belgium, Chile, Ecuador, Finland, Gabon, Ghana, Guatemala, Luxembourg, Mali, Montenegro, The Netherlands, Portugal, Senegal, Slovakia, Slovenia, Solomon Islands, Spain, Ukraine, and Uruguay.

Freedom for Indigenous Mexican woman wrongly imprisoned for three years

Thu, 17 Sep 2009 14:44:33 +0000

Amnesty International welcomes the release of Mexican prisoner of conscience Jacinta Francisco Marcial, who was held in prison for three years after being falsely accused of kidnapping six federal agents.

The mother of six, an Otomí Indigenous woman from Santiago Mexquititlán in the Mexican state of Querétaro, was sentenced to 21 years' imprisonment in December 2006.

Amnesty International is calling for a full review into her unfounded prosecution and for her to receive full compensation for unfair and wrongful imprisonment.

“The Mexican government has finally recognised that there was never evidence to justify Jacinta’s trial and conviction of 21 years imprisonment on charges of kidnapping,” said Kerrie Howard, Americas Deputy Director at Amnesty International.

“Jacinta and her family have been robbed of three years of her life while she has been detained in prison for a crime she did not commit. Nothing will bring back the time she lost in prison. However, it is vital that those responsible for this injustice are held to account and that she is fully compensated.”

The 46-year-old was released by the judge presiding over the retrial following an appeal won in her favour earlier in 2009. The judge’s decision was inevitable after the Federal Attorney General’s Office announced that it was dropping the case against Jacinta due to lack of evidence.

Jacinta Francisco Marcial was convicted of the kidnapping of six Mexican Federal Investigation Agency (Agencia Federal de Investigación, AFI) agents.

They claimed they were held hostage by Jacinta and other market stall holders during a raid on pirate DVD vendors on Santiago Mexquititlán square in March 2006.

More than four months after the event, on 3 August 2006, Jacinta was arrested and taken to the Federal Attorney General's Office. She was told she was going to be questioned about the felling of a tree. However, once at the prison she found out that she, along with two other women, were being accused of kidnapping the agents.

Amnesty International adopted Jacinta as a prisoner of conscience on 18 August 2009 after concluding there was no evidence against her and she had been arrested, tried and convicted because she was a poor Indigenous woman.

The release raises serious questions about the reliability of the entire prosecution case and highlights clear failings in the investigation.

Amnesty International has called for a full and impartial review of the investigation, including the case against co-defendants Alberta Alcántara and Teresa González, who were also convicted of kidnapping the six federal agents along with Jacinta.
outcome of a retrial.

Six Gambian journalists released

Fri, 04 Sep 2009 16:46:51 +0000

Six Gambian journalists imprisoned for defamation and sedition were all released on Presidential pardon on Thursday.

"Amnesty International is overjoyed at the release of the journalists, who were wrongly convicted in the first place," said Tania Bernath, researcher on the Gambia for Amnesty International. "Their families must be relieved and happy that they are safely back with them."

The six had been sentenced on 6 August to a mandatory sentence of two years’ imprisonment and fined 250,000 Dalasis (US$10,000). They were being held at Mile 2 prison.

Amnesty International had considered the journalists to be prisoners of conscience and had called for their immediate and unconditional release.

The six journalists are: Emil Touray, Secretary General of the Gambian Press Union (GPU); Sarata Jabbi Dibba, Vice President of the GPU, Pa Modou Faal, Treasurer of the GPU; Pap Saine and Ebou Sawaneh, publisher and editor of Point newspaper; and Sam Sarr, editor of Foroyaa newspaper.

They were arrested on 15 June 2009 after publishing a Press Union statement that criticized President Yayha Jammeh for "inappropriate" comments made on state television about the unsolved 2004 murder of Point Editor Deyda Hydara.

According to media reports, in an 8 June interview on state-run Gambia Radio and Television Service, President Jammeh said the government investigation into Hydara's slaying had stalled and suggested that interested journalists should "ask Deyda Hydara who killed him".

Repression of the media has a long history in The Gambia. The lack of independence of the judiciary in cases involving journalists and human rights defenders is also increasing.

Amnesty International released the report "Gambia: Fear Rules", which highlighted the deteriorating human rights situation in Gambia, in November 2008 at the 44th Ordinary session of the African Commission on Human and People's Rights in Abuja, Nigeria.

Amnesty International, along with civil society groups across Africa, organized a day of action on 22 July 2009 to protest continuing human rights violations in The Gambia, including repression of the media.

Chile issues arrest warrants against at least 120 Pinochet agents

Thu, 03 Sep 2009 14:29:31 +0000

The arrest warrants issued by a Chilean judge against at least 120 people – all of whom had worked as military or security personnel – constitute an important step towards justice in a country that hasn't paid sufficient attention to its past, Amnesty International said on Wednesday.

Chilean Judge Victor Montiglio issued the arrest warrants against the agents in relation to a number of security operations that targeted opponents of Augusto Pinochet during the 1970s. It is not yet clear exactly how many arrest warrants have been issued but it is thought that there may be as many as 165.

These security operations in question include Operation Condor – a coordinated campaign to detain and forcibly disappear people opposed to the military regimes in South America – and Operation Colombo, in the context of which the enforced disappearance of 119 Chilean activists was portrayed by the government as a result of an internal feud.

Many of the warrants have been issued against agents who have not yet been tried for their roles in human rights violations committed during the military regime.

“Chile has publicly recognized its troubled past,” said Susan Lee, Americas Director at Amnesty International. “What needs to happen now is for the government to take more steps, such as forcing the Army to disclose once and for all the information it has on the human rights violations committed during the Pinochet regime , to ensure that justice is done for all human rights abuses during the Pinochet regime.”

Operation Condor was a plan coordinated by the military governments of Argentina, Bolivia, Brazil, Chile, Uruguay and Paraguay to eliminate "opponents" during the 1970s and 1980s. In the context of the Operation, widespread human rights abuses were committed, including killings and enforced disappearances.

Most of those responsible for the abuses have not yet been identified nor brought to justice.

“Survivors and relatives of victims of torture, killings and enforced disappearances that were committed in the context of Operation Condor are still waiting for justice,” said Susan Lee. “It is time for governments in the region to ensure that justice does not have to wait a day longer.”

In another positive development on Wednesday, the Chilean Senate adopted the International Convention for the protection of people against enforced disappearances. The Convention will become law after the approval of Chilean President Michelle Bachelet and, although it will not apply to crimes committed in the past, it will be an important protection against future crimes.

Death row prisoners freed in Nigeria

Wed, 26 Aug 2009 12:07:43 +0000

One of Nigeria's most influential states has taken an important step towards abolition of the death penalty by pardoning and releasing three condemned prisoners. A further 37 death row inmates in Lagos state had their sentences commuted, including 29 who will now face life imprisonment.

"This is a step forward for human rights in Lagos," said Aster van Kregten, Amnesty International's Nigeria researcher.

"The state governor has removed the spectre of death hanging over his fellow citizens. Amnesty International welcomes this major step forward in the protection of human rights and commends the governor for showing human rights leadership on this issue. We encourage others to follow his example.

"We also hope the leaders of Lagos State will follow this bold move by declaring a moratorium on executions and ultimately abolishing the death penalty for all crimes. This is Lagos State's opportunity to lead Nigeria away from the death penalty via their example."

Lagos State Governor Babatunde Fashola said he had granted the amnesty on "humanitarian grounds". He added that he wanted to give the prisoners "hope of changing their behaviours and [being] rehabilitated into society".

While no death row prisoner from Lagos state has been executed for over ten years, death sentences continue to be imposed. The state will review its Criminal Code later this year.

In recent years, capital punishment has frequently been the subject of political debate in Nigeria. More than 2,600 death sentences were carried out under military governments between 1970 and 1999, most of which were passed by Robbery and Firearms Tribunals. After the military regime ended and power was handed over to a civilian government in May 1999, the number of executions of death row prisoners dropped.

Two expert groups set up by former president Obasanjo – the National Study Group on Death Penalty (2004) and the Presidential Commission on Reform of the Administration of Justice (2007) – recommended a moratorium on executions.

In 2008, at least 40 people were sentenced to death in Nigeria and approximately 735 people were on death row, including 11 women. Hundreds of those did not have a fair trial.

Currently, 139 countries have abolished the death penalty in law or in practice. Africa is largely free of executions, with only two of the 53 African Union member states known to have carried out executions in 2008.