From Amnesty.org (en)

Amnesty International is appealing to the authorities in the state of Ohio not to resume executions, following their adoption of a new lethal injection protocol.

Ohio's decision to introduce the new lethal injection procedures followed the state's failed attempt to execute Romell Broom on 15 September.

Over two hours, the execution team repeatedly tried and failed to find a useable vein in which to insert the lethal injection needle. They finally gave up.

Ohio is seeking to execute Kenneth Biros on 8 December. Six other death row inmates are scheduled for execution in Ohio in the six months after that.

Ohio's Attorney General revealed on 13 November that the state had decided to alter its lethal injection procedures, arguing that the changes should end all claims raised in the litigation about how Ohio state authorities carries out executions.

The state authorities have decided to change from a three-drug process to a procedure that uses a large dose of one chemical, thiopental sodium, an anaesthetic.

Secondly, the state has developed a "back-up procedure" for cases when a suitable vein could not be found in a condemned inmate for his or her execution.

This procedure would involve injecting a combination of two chemicals, midazolam and hydromorphone, into a large muscle of the prisoner such as the thigh.

Ohio would be the first state to change to this method. Jonathan Groner MD, Professor of Clinical Surgery at the Ohio State University College of Medicine, has described Ohio’s proposal to Amnesty International as “an experiment”.

The Director of the Ohio Department of Rehabilitation and Correction has said that the changes would become effective by 30 November 2009, "in sufficient time to conduct the execution of Kenneth Biros".

On 13 November, the District Court judge overseeing the litigation rejected the state's bid for an expedited schedule so that it could execute Kenneth Biros with its new method on 8 December.

The state has appealed to the US Court of Appeals to have the current stay of execution, previously imposed by the District Court, lifted.

On 17 November, the Ohio parole board recommended against clemency.

The six other Ohio inmates currently scheduled for execution are: Abdullah Sharif Kaazim Mahdi (7 January 2010); Mark Brown (4 February); Lawrence Reynolds (9 March); Darryl Durr (20 April); Michael Beuke (15 May); and Richard Nields (10 June).

Amnesty International considers that the death penalty can never be rendered humane, regardless of the method of execution.

The organization is reminding the Ohio authorities that a clear majority of countries have abandoned executions and that the death penalty is not an option even in international tribunals considering the crimes of genocide, war crimes, and crimes against humanity.

It is calling for a moratorium on executions in the State of Ohio, pending abolition of the death penalty.
 

Chinese authorities must stop the harassment and arbitrary detention of dozens of human rights lawyers and activists who were targeted during US President Obama’s visit to the country earlier this week, Amnesty International said on Friday.

Security forces have kept dozens of lawyers and activists under house arrest or under surveillance during President Obama’s visit and prevented them from having any contact with foreign journalists reporting on the visit.

“It is a very negative sign that the Chinese government now actually steps up its repressive tactics during sensitive public events,” said Sam Zarifi, Amnesty International’s Asia-Pacific director.

“This is a clear signal to China’s civil society, as well as to the United States, that the Chinese government will not abide by its international human rights obligations even when it knows the whole world is watching,” said Sam Zarifi.

On the morning of November 19th Jiang Tianyong, a lawyer, was blocked by police at the gate of his home in Beijing’s Haidian district as he was walking his daughter to school. Jiang had just returned from the US two days earlier.

Jiang Tianyong was held for 13 hours and questioned by police in Yangfangdian district police station near his home in Beijing.  

The police did not provide him with any documentation authorizing his detention. When Jiang challenged the lawfulness of his detention the police told him that he was held for “attacking the police”.

Police also questioned his seven year-old daughter at school while he was in custody.  He was released on November 19th, but the police told him that “the issue is not ended yet”.  On the morning of November 20th  at least six police officers were stationed at the gate to Jiang Tianyong’s house. The police initially blocked him from leaving but relented after negotiation.  

“The Chinese government’s intimidation and harassment of lawyers and activists shows a complete disregard for human rights, the law and legal professionals,” said Sam Zarifi. “These are not the actions of a government that is committed to the rule of law.”
 
Other human rights lawyers including Li Xiongbing, Li Heping and Mo Shaoping also faced harassment, with three or four police officers stationed in front of their homes. Some of the police officers remain outside the lawyers’ homes.

Before President Obama’s visit to the country many activist and petitioners complained of state intimidation with police being posted outside their homes in Shanghai, Beijing and elsewhere in the country.

During the visit, some activists were escorted out of Beijing or were held in unofficial places of detention often knows as “black jails”.

Human rights activist and lawyers in China face violations of their own human rights, including torture and other ill-treatment, intimidation and arbitrary detention for their peaceful human rights work.

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.

Amnesty International has learned that the Danish government has invited Sudanese President Omar al Bashir, who is wanted by the International Criminal Court (ICC) for war crimes and crimes against humanity in Darfur, to attend a meeting in Copenhagen on climate change in December.   

“Denmark needs to make it clear that it will arrest President al Bashir if he travels to Copenhagen,” said Christopher Keith Hall, Senior Legal Adviser at Amnesty International.

“The International Criminal Court needs the cooperation of its member states. Under the Rome Statute, which established the ICC, Denmark has a duty to arrest and surrender any person within its territory who is subject to an arrest warrant issued by the ICC.”

“Denmark can and must demonstrate its leadership on bringing alleged perpetrators of the worst crimes to justice by acknowledging its duty to arrest,” said Christopher Keith Hall.

Amnesty International received the information during a meeting of member states to the Rome Statute of the International Criminal Court.

The ICC issued an arrest warrant for President al Bashir for war crimes and crimes against humanity in Darfur earlier this year.

Amnesty International has called on world leaders to help prevent enforced disappearances by urging them to ratify a landmark treaty at the United Nations General Assembly (UNGA).

The International Convention for the Protection of All Persons from Enforced Disappearance (Disappearances Convention) needs just four more ratifications to become binding.

The UNGA third committee adopted a resolution on Thursday, with an unprecedented number of co-sponsors calling on all states to sign or ratify the convention without delay and bring the convention into force by December.

The convention aims to establish the truth about enforced disappearances, punish perpetrators and provide reparations to victims and their families.

"The Disappearances Convention is one of the strongest human rights treaties ever adopted by the United Nations," said Christopher Keith Hall.

"In the past, perpetrators of this crime have acted in the knowledge that they were unlikely to be held accountable, while the families of victims have been denied their right to justice.  The Disappearances Convention is an important tool for the international community to halt this trend."

Ecuador became the 16th state to ratify the Convention on 20 October, while Germany and Spain did so on 24 September. In total, 81 countries have signed it.

The UNGA has expressed concern at the increase in enforced disappearances around the world. There are a growing number of reports of harassment, ill-treatment and intimidation of witnesses or relatives of persons who have disappeared.  

The Disappearances Convention represents the culmination of a long effort by many families of disappeared persons, NGOs and governments to address the continuing problem of enforced disappearance through international law.

"Amnesty International urges all states that have not done so already to ratify the Convention at the earliest opportunity and to make the declarations to recognize the competence of the Committee on Enforced Disappearances to receive and consider both individuals’ and states’ communications," said Christopher Keith Hall.

"Victims of enforced disappearances and their families have waited long enough. If the international community acts swiftly, 2009 could finally bring them a new tool to search for their loved ones and obtain justice."

Amnesty International condemns the failure of Egypt's military appeals court to overturn sentences imposed on leading members of the banned Muslim Brotherhood organization after unfair trials and calls on the authorities to stop trying civilians in military tribunals.

“The decision of the Supreme Court of Military Appeals to confirm the sentences of up to seven years’ imprisonment imposed on 18 Muslim Brotherhood members – all of them civilians – is a stark failure to remedy the injustice done after a grossly unfair trial,” said Malcolm Smart, director of Amnesty International's Middle East and North Africa programme.

The appeal court's decision on Tuesday means that five of the 18 who remain imprisoned – the others were released in July by order of an administrative court – must now serve the remainder of their prison sentences. The five include Khairat al-Shatir, the third highest ranking Muslim Brotherhood leader, who was sentenced to seven years in prison.

On 17 November, the Supreme Court of Military Appeals rejected the appeals filed by all 18 defendants after they were convicted and sentenced to prison terms on 15 February 2008 after an unfair trial before the Supreme Military Court of Haikstip, northern Cairo. Seven others who had escaped arrest were tried in their absence at the same time and sentenced to up to 10 years in prison.

“Trying civilians before military courts, whose judges are serving members of the military, flouts international standards of fair trial and is inherently unjust, regardless of whether the defendants are allowed a right of appeal or not.”

A total of 25 defendants were sentenced on terrorism and money-laundering charges in connection with their membership of the Muslim Brotherhood. Fifteen others were acquitted. All denied the charges. Their trial opened on 26 April 2007, after President Mubarak ordered in February 2007 that they should be tried before a military court. Earlier, a civilian court had thrown out charges against 17 of them.

International observers sent by Amnesty International and other organizations were prevented from attending the trial sessions by the Egyptian authorities.

The Supreme Court of Military Appeals ruling came a month after the UN's leading expert on human rights and counter terrorism, Martin Scheinin, issued a damning report calling on the Egyptian authorities to stop trying civilians before military courts.

Another UN group, the Working Group on Arbitrary Detention, ruled in 2008 that the detention of 26 members of the Muslim Brotherhood arrested between December 2006 and January 2007 was arbitrary and urged the authorities to release them. Fourteen of the 26 were among those whose appeals were rejected on Tuesday.

Amnesty International has repeatedly called on the Egyptian government to stop trying civilians before military courts. The procedures of military trials violate the right to a fair and public hearing before a competent, independent and impartial tribunal established by law.

In military court trials, the right to appeal to a higher tribunal is limited to hearings before the Supreme Court for Military Appeals which is composed exclusively of military officers and which only examines the law, its interpretation and procedural issues, rather than the evidence itself or the factual basis of the charges.

“All of those who remain imprisoned as a result of this unfair trial and appeal process should be immediately retried by a civilian court that conforms to international fair trial standards or else released,” said Malcolm Smart.

Amnesty International has welcomed the conviction of three Turkish soldiers for “intentionally wounding” a conscientious objector while he was in military custody.

A military court in Istanbul sentenced the soldiers to three months and 10 days' imprisonment on 13 November for the “intentional wounding” of Mehmet Bal in June 2008.
 
Mehmet Bal was arrested for evading military service on 8 June and detained at Hasdal Military Prison in Istanbul.

His lawyers told Amnesty International that the next day, a senior military officer took Mehmet Bal into a prison ward and ordered military prisoners to “do what is necessary to remind him of prison rules”.

Prisoners in the cell then kicked Mehmet Bal and beat his face and body with a plank of wood.

After the attack, Mehmet Bal was taken to Gümüşsuyu Military Hospital for treatment. He was then sent back to Hasdal Military Prison on 10 June, reportedly without having fully recovered from his injuries. Mehmet Bal was eventually released on 24 June and found not guilty of the charges against him in December 2008.

The three soldiers convicted of intentional wounding were all prisoners being held in the cell at the time of Mehmet Bal’s detention.

No charges have been brought against the military officer who allegedly instructed the prisoners to beat Mehmet Bal, nor against any other official at the prison.

Lawyers representing Mehmet Bal have appealed the verdict on the grounds that the men should have been convicted of the more serious offence of "torment" (eziyet).

“We welcome the fact that soldiers who ill-treated Mehmet Bal have been convicted. However, Mehmet Bal should never have been detained in the first place for simply exercising his right to freedom of conscience in refusing to perform military service,” said Andrew Gardner, Amnesty International’s researcher on Turkey.

Conscientious objectors are frequently ill-treated in Turkish military custody after being arrested and detained for their refusal to perform military service.

Amnesty International has repeatedly called on the Turkish authorities to stop the prosecutions of conscientious objectors and to introduce a civilian alternative to military service in line with European and international standards and recommendations

Legislation allowing the repeated prosecution and conviction of conscientious objectors for their refusal to perform military service remains in force despite a European Court of Human Rights ruling that such practices represent a violation of Article 3 of the European Convention of Human Rights (prohibition of torture or other ill-treatment).

In the vast majority of cases, effective investigations are not held following allegations of torture and other ill-treatment by state officials and those responsible are not brought to justice.

The Singaporean parliament should enact new legislation protecting freedom of expression, Amnesty International said on Wednesday, after a magazine and its editor agreed to pay S$405,000 (Approximately US$290,000) following a fine by the country’s highest court for alleged defamation.

The Dow Jones Company-owned Far Eastern Economic Review (FEER) magazine and its editor Hugo Restal had published an article critical of Prime Minister Lee Hsien Loong and his father, former Prime Minister Lee Kuan Yew.

The 2006 article entitled "Singapore's 'Martyr', Chee Soon Juan", contained allegations against the two leaders, including of corruption, which the Singapore Court of Appeal ruled as defamatory.

Dow Jones Company denied any wrongdoing but said they had to pay the fine.

In its ruling, the Singapore Court of Appeal held that “constitutional free speech in Singapore is conferred on Singapore citizens only.” It further held that Singapore does not recognize a special function for the press as a "watchdog".

“Laws that allow the authorities to impose restrictions on freedom of expression together with a pattern of politically motivated defamation suits, have created a climate of political intimidation and self-censorship in Singapore.” said Sam Zarifi, Amnesty International’s Asia Pacific Director. “This ruling further illustrates how press freedom is under threat in Singapore and sets a dangerous precedent for freedom of expression and journalism in the region.”

Amnesty International urges the Singapore parliament to enact legislation that would ensure the media's ability to perform its vital function as a watchdog while removing discrimination and undue restrictions from the laws on freedom of expression, to bring them into line with international law and standards.   

The government of Singapore has a history of using civil defamation actions to stifle political opposition. Such defamation suits place unreasonable restrictions on the right of Singaporeans to peacefully express their opinions and to participate fully in public life.

Amnesty International remains concerned about the continuing use of restrictive laws and civil defamation suits in Singapore to penalise and silence peaceful critics of the government.
 
"If Singapore has pretensions to being an international commercial center, especially in the age of the internet, its legislature must immediately act to bring the country in line with commonly accepted concepts of free expression and media activity,"
said Sam Zarifi.

Journalists are finding it increasingly difficult to work without interference from the governing People's Action Party.

Background

International law recognizes limitations to the right to freedom of expression as enshrined in Article 19 of Universal Declaration on Human Rights however these restrictions must be demonstrably necessary for and proportionate to certain permissible purposes. The permissible purposes for such restrictions include “securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.”

However, it is well established under international law that public officials must tolerate more, rather than less, criticism than private individuals.

The Iranian authorities must carry out a full and independent investigation into the death of a young doctor who had worked at the Kahrizak detention centre south of Tehran, Amnesty International said on Wednesday.

Dr Ramin Pourandarjani's body was discovered in his room at a health centre in Tehran's Police headquarters on 10 November.

Iran's Chief of Police said on Wednesday that Dr Pourandarjani had committed suicide as a result of depression, as he had been summoned to court and was facing a possible five-year prison term.

His father, Reza-Qoli Pourandarjani has questioned suicide as a cause of death. He told the Associated Press that he was initially told that his son had broken his leg in a car accident and needed his  consent for surgery, only for his family to be confronted with his dead body when they travelled to Tehran.

He said his son had been in good spirits when he spoke to him the previous night.

On Monday, the Tehran Prosecutor's office had said that Dr Pourandarjani's death was being investigated.

During the unrest in the summer following the disputed presidential election, Dr Pourandarjani, 26, was serving his required military service at Kahrizak as its resident physician.

Before his death he had allegedly received threats to deter him from revealing the extent of the abuse that had taken place at Kahrizak. He was said to have told friends he feared for his life.

Kahrizak detention centre had been used to hold post-election protestors. Iranian officials have confirmed that torture took place there and that at least three men died as a result.

As the detention centre doctor, Ramin Pourandarjani would have treated inmates that had been tortured on his weekly visits.

One of these victims was Mohsen Rouholamini, the son of a conservative Iranian politician whose death drew widespread attention to the torture and killings in Kahrizak.

Kahrizak was closed in July on orders of Iran's Supreme Leader, Ayatollah Ali Khamenei, after allegations of abuses against detainees said to have been held in inhumane conditions.

According to media reports, Iran is to continue its review of abuses in the wake of the disputed June presidential election.

The head of a special parliamentary committee charged with investigating allegations of abuses during the unrest - which had interviewed Dr Pourandarjani about conditions in Kahrizak - is reported to have met with the head of the Judicial Organization of the Armed Forces in order to discuss Dr Pourandarjani's death.

Amnesty International said the investigation should comply fully with the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions.

The US government must redouble efforts to resolve the future of detainees still held at the military facility in Guantánamo Bay, Cuba, Amnesty International said after President Barack Obama acknowledged his administration would not meet his deadline for its closure.

"Over recent months, US authorities have allowed the Guantánamo detentions to become a political football, and the politics of fear to trump human rights," said Susan Lee, Director of the Amnesty International's Americas Regional Programme.

"Now, as should have been the case from day one, the government should resolve these detentions by either bringing the detainees to fair trial or immediately releasing them," Susan Lee said.

On 22 January 2009, President Obama signed an executive order committing his administration to resolving the cases of the detainees held at Guantánamo "as promptly as possible", and to closing the detention facility "no later than one year from the date of this order."  

In his comments on Wednesday, President Obama would not put an exact new date on closure, stating only that he anticipated it would happen sometime later next year, and adding that it would “depend on cooperation from Congress."

Hopes for an end to the Guantánamo detentions this year have receded over recent months as members of Congress sought to block the closure of the facility, and the administration has been slow to charge detainees.

At the same time, diplomatic efforts to find solutions for detainees who cannot be returned to their home countries for fear of the human rights violations they would face there have been undermined by the refusal of the US authorities to release any in mainland USA.

Amnesty International has long called for the Guantánamo detainees to be brought to trial in an independent and impartial court – not a military commission – or immediately released.

It has also repeatedly called for the USA not to seek the death penalty in any case.

Since President Obama took office, 26 detainees have been transferred out of Guantánamo, leaving 215 still there.

One detainee has been transferred to face trial in a federal court in New York and the administration has announced that another five will also be transferred to the city for such trials, with the likelihood that the death penalty will be sought against them.

The US Attorney General has also said the administration has decided to refer another five cases back to the Pentagon for trial by military commission.

In his 22 January order requiring his administration to ensure "prompt and appropriate" resolution of each and every Guantánamo case and to close the Guantánamo facility within a year, President Obama pointed to the "significant concerns raised by these detentions, both within the United States and internationally".

"Those concerns have not gone away, and will be reignited by President Obama's comments today", Susan Lee said.

Amnesty International has urged Afghanistan's newly re-elected President Hamid Karzai to prioritize human rights and the rule of law in his second term in order to strengthen the country's stability and security.

"Afghans from around the country continue to tell us that they suffer from poor governance, endemic corruption, a weak and inept justice system and lack of respect for human rights and rule of law," said Sam Zarifi, director of Amnesty International's Asia-Pacific programme. "All these factors weaken support for the government and its international allies."
 
Amnesty International noted that the recent presidential elections were marred by human rights abuses by the candidates as well as the Taleban's increasing attacks against civilians. The organization raised concerns that the upcoming parliamentary elections, currently scheduled for August or September 2010, faced potentially even greater human rights violations as well as Taleban violence.
 
"Government officials and parliamentarians suspected of serious human rights violations and war crimes are enjoying blatant impunity. Many are also widely believed to be involved in corruption and criminal activities, but are rarely held accountable," said Sam Zarifi.

"In order to rebuild the trust of the Afghan people and the international community, government officials and parliamentarians suspected of serious human rights violations must be kept out of the election process and held to account."

Amnesty International has called on the Jordanian authorities to launch without delay full and independent investigations into the deaths of two men in one week after they were allegedly beaten by police officers.

Fakhri 'Anani, a 48-year-old, died in hospital on Saturday, two days after reportedly being attacked by police officers outside his home in the southern city of Ma'an.

Sadem Abdul Mutelib al-Saoud, a street vendor in his 20s, died on 8 November after spending around three weeks in a coma; he had allegedly been beaten with batons on the head while held at the al-Hussein Security Centre in Amman.

Fakhri 'Anani was reportedly standing outside his home when police officers,  wanting to question his son about an allegation that he had aided a person suspected of fraud, drew up in a police vehicle.

Two officers got out of the vehicle and assaulted him, one spraying gas in his face, while the other beat him with a baton before dragging him down some steps, according to reports.

He died in hospital in Amman. The autopsy noted that the main cause of death was due to an injury to the head with a hard object.  

A police officer was charged on Tuesday with the murder of Fakhri 'Anani and is expected to stand trial in a police court.

Sadem al-Saoud was detained in October after arguing with a municipal worker about his street stall. The worker called the police to arrest him, which subsequently lead to his alleged beating in detention.

At least four police officers in the case of Sadem al-Saoud have apparently been referred to a police court. The evidence against them will be investigated before the court decides whether the officers should stand trial.

"The reported deaths at the hands of the police of two men within one week of each other is a very worrying development," said Philip Luther, Deputy Director of Amnesty International's Middle East and North Africa Programme.

"While the prompt referral of a number of police officers to police courts indicates that the authorities have acknowledged the seriousness of these incidents, a full and independent investigation is essential to ensure that justice is done.

"Jordan's police courts are neither sufficiently independent nor transparent in their conduct. The court decisions are not made public and the sessions are closed."  

In March 2005, ten police officers were sentenced to prison terms of up to 30 months following the death in Jweideh prison in 2004 of Abdallah al-Mashaqbeh, 40 per cent of whose body was found covered in bruises. Little information has been made available about who was tried, sentenced or dismissed for involvement in his death. However, reports indicate that none of the sentenced officers spent any time in prison.

Amnesty International has called for prompt, thorough and impartial investigations into both recent deaths. The organization said that they must be carried out by investigators independent of the prosecuting authorities and agencies involved in the arrest and interrogation of the victims.

The authorities must guarantee full co-operation with the investigation.

Furthermore, all suspects should be suspended immediately from active police duty and prosecuted and brought to justice if evidence of excessive force or unlawful action emerges.

This is the only way to ensure a clear message is sent to all Jordanian law enforcement officers that those who commit human rights violations will be held fully to account.

Slamming decades of failure by Australian governments to address the dire living conditions, disempowerment and discrimination faced by many of the country’s Indigenous peoples, Amnesty International’s Secretary General Irene Khan warned that the government of Prime Minister Rudd must not squander its unique opportunity to right these historic wrongs.
 
In the latest in a long line of indignities, some 45,000 Aboriginal people are today still subject to state-sponsored racially discriminatory measures, including blanket quarantining of social security payments as a result of the Northern Territory Emergency Response (NTER).  
 
“The blunt force of the Intervention’s heavy handed ‘one size fits all’ approach cannot deliver the desired results. The Government will not secure the long term protection of women and children unless there is an integrated human rights solution that empower peoples and engages them to take responsibility for the solutions,” Irene Khan said.
 
Welcoming the commitment she had received from Indigenous Affairs Minister Jenny Macklin that the Government would introduce legislation to reinstate the Racial Discrimination Act in the Northern Territory, Irene Khan called on the Government to ensure that it does so in line with Australia’s international obligations not to discriminate against Indigenous peoples.
 
While noting that grave levels of violence against women and children is the stated rationale for the NTER, Irene Khan emphasized that respect for women and children’s human rights would not be secured without respect for all human rights for all.  
 
“Indigenous people in remote Aboriginal communities deserve the same respect, safety and protection as does any Australian – but this will not be achieved in a sustained manner under the Emergency Response which is stigmatizing and disempowering an already marginalized people and which is in violation of Australia’s international obligations,” said Irene Khan.
 
As part of her visit to Australia, Amnesty International’s Secretary General visited the Utopia region in central Australia, an impoverished grouping of homeland communities 350 kilometres northeast of Alice Springs.  
 
“For a country which by human development standards is the third most developed in the world and one which has emerged from the global financial crisis comparatively unscathed, such a level of poverty, is inexcusable, unexpected and unacceptable,” said Irene Khan.
 
“In the heart of this first world I found scenes more reminiscent of the third world.  That Indigenous peoples experience human rights violations on a continent of such privilege is not merely disheartening, it is morally outrageous.  The moral imperative to eradicate such poverty is no less an imperative on government than to eliminate torture.”  
 
Irene Khan called for a new approach, grounded in a genuine respect for traditional culture and with human rights principles at its core, to tackle the complex problem of the entrenched poverty and discrimination faced by Indigenous peoples in Australia.
 
“There is a real risk of an enormous opportunity for change being squandered. The government’s apology to the Stolen Generations and other Indigenous Australians along with its support for the Declaration on the Rights of Indigenous Peoples is a welcome shift from the past.  This Government is making a serious financial and political investment but to achieve the returns it wants, it must replace its blunt and blanket policy approaches.”
 
“The pathway out of poverty for Indigenous people must have the hallmarks of respect for human rights: voice must matter, equality cannot be compromised, security must be delivered on a human scale and active engagement for long term solutions must be made local, personal and perennial."
 
Amnesty International called on the whole of the government, not just individual Ministries, to develop an integrated approach – an approach that places all human rights – not merely some human rights - at the centre and which allows all human rights to be respected and exercised by Indigenous Australians.  
 
“To fulfil its enormous potential on the regional and global stage, the Rudd Government must make ‘bringing human rights home’ its central goal,” concluded Irene Khan.

Authorities in Haiti must enact legislation to protect children working as domestic help in conditions that amount to slavery, said Amnesty International ahead of Universal Children’s Day.

Amnesty International launched a campaign on Wednesday to press the government in Haiti to enact measures to protect child domestic workers from abuse, ill-treatment and exploitation.

Many Haitian families, too poor to support their children, are forced to send them to work as domestic help. The children -- most of them girls -- end up working long hours cleaning, cooking, fetching water for the whole household and looking after other children in the family.

“Most child domestic workers in Haiti live as virtual slaves,” said Gerardo Ducos, Haiti researcher at Amnesty International. “They work in inhuman conditions, suffering violence and abuse by their hosts, only for a plate of food.”

UNICEF estimated that there were as many as 100,000 girl domestic workers in Haiti in 2007.

Trapped in a situation of total dependence, many girls are compelled to put up with violence and sexual abuse. Some flee the employer or host family and live on the streets where they may have no option but to sell their bodies for sex in order to survive.

15-year-old Régina told Amnesty International that when she was 10, she was sent to work as a domestic servant, but she ran away because the beatings became unbearable. She spent the next four years at Foyer Maurice Sixto, a shelter for children who have been domestic workers. During that time she was able to go to school. When she turned 14, Régina went back home, were she suffered further abuse.

“Girls in Haiti are trapped in a spiral of poverty and violence,” said Gerardo Ducos. ”The eradication of this modern form of slavery is the only way to protect the rights of thousands of children."

Haitian laws do not provide a protective framework for children.

In 2003, the Law for the prohibition and elimination of all kind of abuses, violence and inhuman treatment of children came into force. This law removed a chapter of the Labor Code that regulated the work of children in domestic service but failed to ban the practice of children in domestic service.

The Code had prohibited the “employment” of children under 12 as domestic workers and had provided guarantees that those aged over 15 would receive a salary for their work. The Code required foster families, among other things, to request authorization from the Institute of Social Welfare and Research if they wished to employ a child as domestic worker.

“Ahead of Universal Children’s Day, Haiti should step up its commitment to the protection of girl domestic workers and take concrete steps to improve their situation,” said Gerardo Ducos.

Appeal for action
Protect girls in domestic labour in Haiti

 

 

Reports that the Iranian government plans to establish "cyber police" to fight "crimes" on the internet indicate that they are intensifying their attack on freedom of expression, Amnesty International said on Monday.

According to the Iranian media, a special unit reporting to the chief prosecutor is being set up to scour the web in search of people "spreading lies" and "insults" against the system.

Amnesty International has described it as an attempt to stifle dissent, intimidate political opposition and extend the climate of repression online.

"This new unit will further undermine freedom of expression, which is already severely limited in Iran," said Malcolm Smart, Director of the Middle East and North Africa programme at Amnesty International. "The authorities’ aim seems to be to deter people from criticizing the government or circulating information – such as information on human rights violations – that they wish to suppress."

"Instead of permitting this, Iran’s judicial and security forces should end the mounting attack on Iran’s bloggers and online activists."

Repression of political dissent using vaguely worded legislation has long been common in Iran, with journalists and bloggers given prison sentences simply for criticizing the government.

Internet filtering has already been implemented to ensure the public does not see views that differ from those acceptable to the government.

This has created a palpable climate of repression following June’s disputed presidential election, forcing Iran’s otherwise active community of online journalists to self-censor or face arrest and possibly torture.

"Iran will be applying to cyber activists the same flawed legal standards that have resulted in the imprisonment of scores of journalists who did nothing other than report the facts, peacefully and objectively," said Malcolm Smart.

"In the midst of acute political tension throughout Iran, policing the internet is yet one more way in which the authorities are seeking to stifle political dissent."

Days after June's disputed presidential election, an arm of the Revolutionary Guard accused bloggers and websites of promoting “rebellion” and threatening to crack down on them.  

The creation of the cybercrimes unit is the latest repressive measure implemented by Iran’s security services.

Activists and supporters of Amnesty International will launch a week of action on Monday highlighting the continued detention of thousands of displaced civilians in government camps in Sri Lanka.

Activists in more than 10 countries will take action as part of the Unlock the Camps campaign. Events include a ‘Circle of Hope’ in Canada, a street march and signature campaign in Nepal, a poetry reading in Switzerland and solidarity actions in  France, Germany, Mauritius and the United States.

Throughout the week, Amnesty International activists based in London and participating sections  will write blogs about the events taking place across the world..

Six months after the end of the war between government forces and the Liberation Tigers of Tamil Eelam (LTTE), Sri Lanka continues to confine people who fled fighting in the north to closed displacement camps in uncomfortable and sometimes hazardous conditions.

Releases from the camps have increased in recent weeks. However, camp shelters have deteriorated as Sri Lanka has entered the rainy season, with funds for shelter repair running out.

This week John Holmes, lead advisor on humanitarian affairs to UN Secretary-General Ban Ki-moon, travels to Sri Lanka to assess the situation of the people in the camps.  

TRAPPED
Around 150,000 displaced people living in government camps in northern Sri Lanka are still being denied their basic human rights including freedom of movement. The military control whether the displaced can leave camp premises - even to seek medical care - and they are denied basic legal protections.

The government has widely publicised recent releases but Amnesty International has received reports that many people have been held by local authorities to determine whether they had links to the LTTE.

VOICELESS
Displaced people have been given no voice in decisions regarding their release, return or resettlement.

Families have received no warning about impending releases or been informed of conditions in their former homes. They have not been given clear information about their rights and obligations, legal status or procedures for tracing family members.
 
Humanitarian organizations have been prevented from talking to displaced people in the camps, obstructing their ability to conduct crucial human rights work such as providing legal aid or assisting with family reunification. The International Committee of the Red Cross (ICRC) has not had access to the camps since July.

UNPROTECTED
Since the war ended in May 2009, many thousands of people detained in camps have been subjected to 'screening' by the security forces in an attempt to root out LTTE members.

An estimated 12,000 people (including children) suspected of links to the LTTE have been arrested, separated from the general displaced population and detained by the authorities in irregular detention facilities, such as vacated school buildings.

Amnesty International has received repeated, credible reports from humanitarian workers about the lack of transparency and accountability in the screening process, which is conducted outside of any legal framework. There are also increased dangers to detainees when they are held incommunicado.  
While screening is appropriate to ensure that LTTE combatants are not housed with the general camp population, proper procedures should be followed and the screening process must not be used as an excuse for collective punishment.  

Independent monitors (including the ICRC) continue to be denied access to sites housing adult LTTE suspects. Detainees have not been charged with any offence, and have been denied legal counsel and due process. Many are held incommunicado.

Amnesty International has called on the Sri Lankan government to respect and protect the human rights of displaced people, including the rights to liberty and freedom of movement.

The Obama administration should revise its detention policies in Afghanistan to make them consistent with international law, Amnesty International, Human Rights First, and Human Rights Watch have said.

The United States military is hosting the media and some non-governmental organizations today at its recently constructed but empty detention facility in Parwan province, Afghanistan.

The three organizations urged the US to end arbitrary detention in Afghanistan and to fully align US detention practices with international law.

The organizations noted that the US has made some recent changes in its detention policy in Afghanistan. These include providing detainees with “notice of the basis of their internment” and the right to call witnesses and question government witnesses.

“It’s common knowledge that Afghans perceive US detention operations as secretive and lacking in due process,” said Sahr Muhammed Ally, Senior Associate at Human Rights First.  “The US must remedy this problem and take the critical step of bringing its detention practices into an appropriate legal framework that is consistent with international and Afghan law, and allows and provides detainees with a sufficient way to challenge their detention. Such reforms are a necessary precondition to establishing long-term stability in Afghanistan through the rule of law.”

The three organizations urged the US and Afghan governments to take further steps immediately. In particular, the three organizations urged the US and Afghanistan to enter into a public agreement that spells out grounds and procedures for US detentions that are consistent with international and Afghan law.

A US domestic law, the Authorization for Use of Military Force, is currently being used as the basis for the detentions on Afghan soil.

It is inadequate because it fails to recognize that all persons held in Afghanistan are entitled to the legal protection of Afghan domestic law and international human rights law, regardless of whether they are in the physical control of the Afghan government or a foreign government.

All detainees in Afghanistan are entitled to minimum protections, including the right to legal counsel and to be able to challenge the legal and factual basis for the detention before an independent and impartial tribunal. The US reforms still fall short of providing detainees with those rights.

“President Obama has taken some steps to sort out the mess created by the Bush administration,” said Rachel Reid, Afghanistan researcher for Human Rights Watch. ”But US will have a lot more credibility encouraging the Afghan government to respect the rule of law if it reforms its own detention practices.”

The US should provide transparency in its detention operations by allowing private access to detainees by the Afghan Independent Human Rights Commission (AIHRC), which is legally mandated to visit places of detention on Afghan soil, and by international human rights organizations, the three groups said.

The International Committee of the Red Cross does visit detainees being held in long-term detention by the United States, but their findings are confidential.

The US should also facilitate observation of the new detainee review board proceedings by Afghan and international human rights groups.

Similar detainee review processes conducted by the US in Iraq, Afghanistan, and Guantanamo Bay fell far short of international legal standards.

“The Bagram detention facility serves as a symbol of the US operating outside a proper legal framework in Afghanistan,” said Sam Zarifi, Amnesty International’s Asia-Pacific director.

“Given the real problems with the existing Afghan judicial system, the US and Afghan governments must immediately begin to establish a long-term solution that respects the right of the detainees to have their cases heard in a court of law, and to be set free if they are not found guilty of a criminal offense.”