Human rights violations were committed with almost total impunity by the security
forces, including unlawful arrests and detentions, excessive use of force against
demonstrators and attacks on journalists and opposition leaders. Political opponents
of the government were denied fair trials.
The political situation remained unstable and the international community was unable
to resolve the political crisis that began in December 2008. Negotiations in Pretoria
failed in May. Madagascar continued to be suspended from regional and international
organizations.
Several ministers were dismissed by Andry Nirina Rajoelina, head of state and of the
High Transitional Authority (HAT). Tensions remained high within the army. In May,
at least four security personnel were shot dead in clashes in the Fort Duchesne military
camp. Some senior officers and at least 22 gendarmes were detained following this
incident. On 17 November, a mutiny erupted on the day of a national referendum and
some military officers announced the creation of a “military council for the welfare
of people”. They later surrendered to the HAT authorities.
Explosions occurred in various places including the Ministry of Foreign Affairs in
October.
A National Electoral Commission was installed in March and a national referendum and
local elections took place in November and December; presidential elections were
planned for 2011. The authorities banned any public demonstration during electoral
periods.
Regular public demonstrations organized by the opposition were violently dispersed
by the security forces, resulting in deaths and injuries. Those responsible enjoyed
impunity.
At least one student protestor at Antananarivo University in Antsiranana was shot
dead by a member of the security forces in April. No independent investigation was
conducted.
Political opponents of the HAT and supporters of former President Marc Ravalomanana
were arbitrarily arrested and detained by the security forces. Some people arrested
in 2009 were still detained. At least 18 detainees went on hunger strike.
Ralitera Andriamalala Andrianandraina, former Director of Security at the High Constitutional
Court of Madagascar who was arrested in April 2009, remained in custody in Antanimora
prison. In August, he was sentenced by an Antananarivo criminal court to a suspended
two-year prison term on charges including endangering state security. He was not released
because he was accused by the authorities of involvement in the killing of a bookshop
employee at Ambohijavoto in April 2009. His new trial had not been scheduled by the
end of the year. His health deteriorated in prison and he was admitted to hospital
in mid-January 2010.
In May, a group of HAT officers arrested and beat Ambroise Ravonison and Harison Razafindrakoto,
two members of the opposition who were participating in a radio broadcast in Antananarivo.
Ambroise Ravonison was accused of insulting the president of the HAT. He was detained
at Antanimora prison for two weeks and then sentenced to eight months’ suspended imprisonment.
Harison Razafindrakoto was released.
On 8 October, Jaky Ernest Rabehaja, one of the leaders of a strike by magistrates
in October, was arrested and forced to board a security force vehicle. He was later
released on the outskirts of Antananarivo.
Journalists continued to be victims of harassment and intimidation. Private media
outlets and those believed to have links with the opposition were targeted and at
least three radio stations were closed down.
On 6 October, officials from the Ministry of Communication closed down the Fototra
radio station owned by Saraha Georget Rabeharisoa, leader of the Green Party, who
had recently announced that she was a presidential candidate.
Ten employees of Radio Fahazavàna, owned by the reformed Protestant church of Madagascar
(FJKM), were arrested and detained in May and the radio station was closed down by
the Ministry of Communication. They were conditionally released in September but the
radio station remained closed at the end of the year.
The trial of those accused of unlawful killings at Ambohitsorohitra presidential palace
on 7 February 2009 started in June. At least 19 people were sentenced to various prison
terms. The trial did not meet international standards of fairness. The right to defence,
the right to challenge the lawfulness of detention, the right to a fair hearing and
the right to defend oneself in person or through a lawyer were denied to some of the
defendants.
On 28 August, an Antananarivo court condemned former president Marc Ravalomanana and
eight other people to lifelong hard labour for their alleged involvement in the unlawful
killings on 7 February 2009 in Antananarivo. An arrest warrant was issued against
Marc Ravalomanana who was sentenced in his absence. The trial was criticized by members
of the Malagasy Bar Association.
