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  • India: Right to Peaceful Protest Under Threat

    Photo by NARINDER NANU/AFP via Getty Images India: Right to peaceful protest under threat due to mounting restrictions and escalating crackdown on farmers’ march February 14, 2024 Amnesty International Responding to the mounting restrictions and escalating crackdown by the Indian authorities on the ‘Dilli Chalo’ peaceful march of farmers, Aakar Patel, chair of board at Amnesty International India, said: “Instead of facilitating the right to protest, the Indian government is yet again going to great lengths to quash the farmers’ peaceful protests in the country. The ‘Dilli Chalo’ march has been met with a crackdown by the authorities which runs counter to the government’s obligations not to restrict peaceful assemblies unnecessarily or disproportionately. Instead of facilitating the right to protest, the Indian government is yet again going to great lengths to quash the farmers’ peaceful protests in the country. Aakar Patel, chair of board at Amnesty International India “The Indian authorities must urgently de-escalate the situation and guarantee the rights to freedom of expression, peaceful assembly and movement. It must condemn and effectively investigate any allegations of unnecessary and excessive use of force by security forces against the farmers’ protest in the country. Tear gas must only be used as a last resort to address generalized violence – after a careful risk assessment has been carried out, following a verbal warning and after giving an opportunity to participants to disperse. “Furthermore, tear gas grenades should not be dispensed through drones, as they may expose protesters to excessive quantities of chemicals and cause panic and disorientation and prevent protesters from identifying the best route to disperse. Tear gas grenades should not be dispensed through drones, as they may expose protesters to excessive quantities of chemicals and cause panic and disorientation and prevent protesters from identifying the best route to disperse. Aakar Patel “Amnesty International urges the Indian authorities to stop crushing peaceful dissent and remove all the unnecessary restrictions that hinder peaceful protests in the country, including blanket bans, internet shutdowns preventing the circulation of timely information, as well as the unlawful use of force by law enforcement officials and arbitrary arrest and detention of peaceful protestors.” Background: Over 200 farmers’ unions are participating in the ‘Dilli Chalo’ march from the states of Punjab, Haryana, and Uttar Pradesh and marching towards the capital city of New Delhi. They have raised twelve demands including the legal guarantee of minimum support price (MSP) for all crops which the Government had promised in 2021. According to the information available to Amnesty International, the march is peaceful, as it is not marred with widespread and serious violence, and is thus protected by international standards on the right to peaceful assembly. The authorities imposed Section 144 of the Indian Code of Criminal Procedure, which prohibits gathering of more than four people, at three Delhi borders and in 15 districts of the state of Haryana. The access to New Delhi has been further blocked by heavy barricading and large deployment of security personnel, use of concrete blocks, iron nails and barbed wire and internet shutdown imposed in at least seven districts of Haryana. These restrictions are unnecessary and amount to a violation of the right to peaceful assembly. On 13 February, some of the protesting farmers, near the Shambhu border of Delhi, began to push aside barricades to pursue their march. These acts did not entail a use of force that was likely to result in injury and death, or serious damage to property, and thus did not warrant police dispersal. In contrast,  the Haryana police fired rounds of tear gas, including through the use of drones, to disperse the protestors. The Haryana police is the first police force in India to use drones to dispense tear gas grenades to disperse a protest. According to official police sources, at least 4,500 tear gas grenades were used for six hours. Farm leaders alleged that tear gas grenades were dropped also on elderly farmers waiting further away at the tractor-trailers. They also alleged that police had detained a dozen farmers since Tuesday and several protesters sustained injuries after police had fired kinetic impact projectiles (rubber bullets) at them. In a similar protest march held two years ago, Amnesty International documented the violent crackdowns on protesting farmers by the Indian authorities. © 2024 Amnesty International

  • Egypt: Release Protesters and Activists Detained

    June 14 2024: The Egyptian authorities must immediately and unconditionally release all those arbitrarily detained solely for independent activism in solidarity with Palestine or criticism of the Egyptian government’s closure of the Rafah crossing, and investigate complaints of sexual assault and other abuses in police custody against some detainees, Amnesty International said today. Over the past seven months, Amnesty International and Egyptian human rights groups have documented the arrests of over 123 people who had expressed solidarity with Palestinians in Gaza by peacefully protesting, posting comments online, hanging signs or writing slogans on walls. At least 95 remain in pre-trial detention facing investigation over bogus charges of involvement in terrorism, spreading false news or illegal assembly. In April, a group of released women protesters lodged a complaint of sexual violence against the police, however prosecutors have yet to investigate these complaints. “The Egyptian authorities have continued with their zero-tolerance for peaceful protest or independent activism that is not officially authorized, even when it’s to show solidarity with Palestinians, which state officials have themselves expressed. They have particularly clamped down on any criticism of the government’s policies in the armed conflict in Gaza, making it very clear that not all expressions of solidarity with Palestinians are accepted unequivocally,” said Sara Hashash, Deputy Regional Director for the Middle East and North Africa at Amnesty International. “The authorities must immediately release all those arbitrarily detained in the crackdown on pro-Palestine solidarity. These are people who are simply exercising their rights to freedom of expression and peaceful assembly. The authorities must also open independent and impartial investigations into reports of sexual violence by women detainees and hold those responsible accountable.” Amnesty International spoke to three women protesters, including two who were briefly detained, human rights defenders, researchers, and lawyers who attended the interrogations by the Supreme State Security Prosecution (SSSP). According to the Egyptian Initiative for Personal Freedoms (EIPR) and the Egyptian Commission for Rights and Freedoms (ECRF), two local rights groups based in Cairo, between October 2023 and May 2024, authorities arbitrarily arrested at least 123 people for expressing solidarity with Palestine since the armed conflict in Gaza erupted. Both ECRF and EIPR legally represented some of those detainees. Amnesty International previously documented the arbitrary arrest of dozens of people, including children, in October 2023 during Palestine solidarity protests in the governorates of Cairo, Giza, Alexandria and Dakahlia, where protesters gathered outside officially designated areas or chanted anti-government slogans. Those arrested in Cairo were beaten by men in plainclothes with batons and sticks. Many were subjected to enforced disappearance and were held at Central Security Forces’ camps or at the NSA headquarters for up to seven days. At the time of writing, at least 53 of that group, including two children, remain in pretrial detention pending investigations into terrorism-related charges, participation in unauthorized gatherings harming national security and public order, and vandalism , according to the ECRF and the EIPR. Arbitrary Detention Over Social Media Content On 8 and 9 May, security forces detained students Mazen Daraz and Ziad Basiouny  accusing them of “joining a terrorist group” and “publishing false news” in connection with their participation in a student group supporting Palestine (Students for Palestine), according to the Egyptian Front for Human Rights (EFHR). The student group had published statements on Instagram and Facebook calling on the Egyptian Ministry of Education and the Ministry of Higher Education to boycott products supporting the Israeli occupation, urging the government to provide facilitations to Palestine students in Egypt, and denouncing the Rafah ground offensive. They were held incommunicado for four to five days before being brought before the SSSP on 13 May. They both remain in pretrial detention at the time of writing. During his interrogation Basiouny told SSSP prosecutors that upon his arrest security forces escorted him to an unknown NSA facility where NSA agents detained him blindfolded and handcuffed for four days, violating the absolute prohibition of ill-treatment, and questioned him six times, according to EFHR . SSSP prosecutors have not opened investigations into Basiouny’s complaints. Arbitrary Detention for Hanging Signs or Writing on Walls Some arrests occurred after criticism of Egypt’s role in keeping the Rafah crossing closed. On 28 April, security forces arbitrarily arrested six people from their homes in Alexandria a few days after they hung a banner in the street that read “Break Palestine siege, release detainees and open the Rafah crossing” and published a photograph of it on Facebook, according to EFHR. The authorities held the six incommunicado in unknown places before bringing them in front of SSSP on 30 April where they were interrogated in connection with charges of joining a terrorist group, illegal assembly and spreading false news. The SSSP prosecutors ordered their detention for 15 days pending investigations and all remain detained at the time of writing. On 8 March, security forces arbitrarily arrested six people, including one child, from their homes in Dar El-Salam, Cairo, after they wrote slogans on a bridge in solidarity with Palestine along with a slogan that read “Sisi go away”, according to EFHR. Four of the six were only brought in front of the SSSP on 18 March, spending about nine days in incommunicado detention, according to EFHR. At least two of the six told SSSP prosecutors that NSA agents in Dar El-Salam police station slapped them on the face and beat them by hand and kicked them. The SSSP opened investigations against the six into charges of joining a terrorist group, spreading false news and misusing social media and ordered their detention for 15 days pending investigations. Arbitrary Arrest of Peaceful Protesters and Sexual Violence Complaints On 23 April, a group of women’s rights defenders took the risk of organizing a peaceful protest in solidarity with women in Palestine and Sudan and chose to hold it in front of the office of UN Women in Cairo. Around 20 women, including human rights defenders, journalists and lawyers, had gathered when minutes later, policemen in plainclothes forcibly dispersed the protest, including by violently pushing several women, beating at least two on several parts of their bodies and dragging at least one on the ground. They detained around 16 women protesters in addition to at least two men who were passing by. Human rights lawyer Mahinour El-Masry and activist May El-Mahdy, who were both arrested, told Amnesty International that the police took protesters in non-marked vans and taxis to several nearby police stations, including Maadi police station. The protesters were not allowed to communicate with their families or request a lawyer and when a human rights lawyer inquired at Maadi police station about the women’s whereabouts, the police denied any women were being held there. On the same day, the police transferred the women to various police stations in Cairo and to Tora Central Security Forces Camp, an unofficial detention facility, where they held them incommunicado for a few hours. The next day, the authorities brought all the detainees in front of the Supreme State Security Prosecution (SSSP) prosecutors who opened investigations against them and interrogated them in relation to charges of joining an unlawful group and participating in an illegal assembly. They were all released on the same day on bail. During detention, National Security Agency (NSA) interrogated several of the detainees in the absence of a lawyer. El-Mahdy told Amnesty International that NSA agents interrogated her for about two hours asking which communications platform was used to organize the protest, the reasons for her interest in women’s issues, and why they chose to protest in front of UN Women’s office. On 23 May, a group of the women who were released announced in a statement that they had filed a complaint to the Public Prosecutor claiming that some of the women who were arrested were subjected to “sexual assault” during body searches and “harassment” during detention. One of the women who filed the complaint told Amnesty International that released protesters had filed sexual violence complaints against police officers in Helwan police station where some of the women protesters had been held. The Public Prosecutor referred the complaint to the SSSP which had not opened investigations into these reports at the time of writing, according to El-Masry. Amnesty International found in 2019 that the SSSP were complicit in police abuse by systematically ignoring complaints of abuse made by defendants and failing to investigate them. © 2024 Amnesty International

  • Egypt must end mass arrests of Sudanese refugees

    Amnesty International June 19, 2024 June 19 2024: The Egyptian authorities must immediately cease the mass arbitrary arrests and unlawful deportations of Sudanese refugees who had crossed the border into Egypt seeking refuge from the conflict in Sudan, Amnesty International said today, in a new report published ahead of World Refugee Day. The report, “Handcuffed like dangerous criminals”: Arbitrary detention and forced returns of Sudanese refugees in Egypt, reveals how Sudanese refugees are rounded up and unlawfully deported to Sudan – an active conflict zone – without due process or opportunity to claim asylum in flagrant violation of international law. Evidence indicates that thousands of Sudanese refugees have been arbitrarily arrested and subsequently collectively expelled with the UN High Commission for Refugees (UNHCR) estimating that 3,000 people were deported to Sudan from Egypt in September 2023 alone. “It is unfathomable that Sudanese women, men and children fleeing the armed conflict in their country and seeking safety across the border into Egypt, are being rounded up en masse and arbitrarily detained in deplorable and inhumane conditions before being unlawfully deported,” said Sara Hashash, Deputy Regional Director for the Middle East and North Africa at Amnesty International. “Egyptian authorities must immediately end this virulent campaign of mass arrests and collective expulsions. They must abide by their obligations under international human rights and refugee law to provide those fleeing the conflict in Sudan with safe and dignified passage to Egypt and unrestricted access to asylum procedures.” "Egyptian authorities must immediately end this virulent campaign of mass arrests and collective expulsions." -Sara Hashash, MENA Deputy Regional Director For decades, Egypt was home to millions of Sudanese people studying, working, investing or receiving healthcare in the country, with Sudanese women and girls, as well as boys under 16, and men over 49 exempt from entry requirements. Around 500,000 Sudanese refugees are estimated to have fled to Egypt after the armed conflict erupted in Sudan in April 2023. However, in the following month, the Egyptian government introduced a visa entry requirement for all Sudanese nationals, leaving those fleeing with little choice but to escape through irregular border crossings. The report documents in detail the ordeals of 27 Sudanese refugees who were arbitrarily arrested with about 260 others between October 2023 and March 2024 by Egypt’s Border Guard Forces operating under the Ministry of Defence, as well as police operating under the Ministry of Interior. It further documents how the authorities forcibly returned an estimated 800 Sudanese detainees between January and March 2024 who were all denied the possibility to claim asylum, including by accessing UNHCR, or to challenge deportation decisions. The report is based on interviews with detained refugees, their relatives, community leaders, lawyers and a medical professional; as well as a review of official statements and documents and audiovisual evidence. The Egyptian ministries of defence and interior did not respond to Amnesty International’s letters sharing its documentation and recommendations, while the Egyptian National Council of Human Rights, the national human rights institution, rejected the findings claiming that authorities comply by their international obligations. The spike in mass arrests and expulsions came after a prime ministerial decree issued in August 2023 requiring foreign nationals in Egypt to regularize their status. This was accompanied by a rise in xenophobic and racist sentiments both online and in the media as well as statements by government officials criticizing the economic “burden” of hosting “millions” of refugees. It has also taken place against the backdrop of increased EU cooperation with Egypt on migration and border control, despite the country’s grim human rights record and well-documented abuses against migrants and refugees. In October 2022, the EU and Egypt signed an €80 million cooperation agreement, which included building up the capacity of Egyptian Border Guard Forces to curb irregular migration and human trafficking across Egypt’s border. The agreement purports to apply “rights-based, protection oriented and gender sensitive approaches”. Yet, Amnesty International’s new report documents the involvement of the Border Guard Forces in violations against Sudanese refugees. A further aid and investment package, under which migration is a key pillar, was agreed in March 2024 as part of the newly announced strategic and comprehensive partnership between the EU and Egypt. "By cooperating with Egypt in the migration field without rigorous human rights safeguards, the EU risks complicity in Egypt’s human rights violations." -Sara Hashash, MENA Deputy Regional Director “By cooperating with Egypt in the migration field without rigorous human rights safeguards, the EU risks complicity in Egypt’s human rights violations. The EU must press Egyptian authorities to adopt concrete measures to protect refugees and migrants,” said Sara Hashash. “The EU must also carry out rigorous human rights risk assessments before implementing any migration cooperation and put in place independent monitoring mechanisms with clear human rights benchmarks. Cooperation must be halted or suspended immediately if there are risks or reports of abuses.” Arbitrary Arrests From Streets and Hospitals The mass arrests have mostly taken place in Greater Cairo (encompassing Cairo and Giza) and in the border areas in the governorate of Aswan or inside Aswan city. In Cairo and Giza, police have conducted mass stops and identity checks targeting Black individuals, spreading fear within the refugee community leaving many afraid to leave their homes. Following arrest by police in Aswan, Sudanese refugees are transferred to police stations or the Central Security Forces camp, an unofficial detention place, in Shallal region. Those arrested by Border Guard Forces in Aswan governorate are detained in makeshift detention facilities including warehouses inside a military site in Abu Simbel and a horse stable inside another military site near Nagaa Al Karur before being forced into buses and vans and driven to the Sudanese border. Conditions in these detention facilities are cruel and inhumane, with overcrowding, lack of access to toilets and sanitation facilities, substandard and insufficient food, and denial of adequate healthcare. Amnesty International also documented the arrest of at least 14 refugees from public hospitals in Aswan, where they were receiving treatment for serious injuries sustained during road accidents on their journeys from Sudan to Egypt. Authorities transferred them – against medical advice and before they had fully recovered – to detention, where they were forced to sleep on the ground after surgery. Amira, a 32-year-old Sudanese woman who fled Khartoum with her mother was receiving treatment at an Aswan hospital following a car crash on 29 October 2023 that left her with fractures to the neck and the back. Nora, a relative of Amira, told the organization that the doctors told her she would need three months of medical care, but after just 18 days police transferred her to a police station in Aswan where she was forced to sleep on the ground for around 10 days. Cold and Rat-Infested Detention Facilities Before Collective Expulsions Amnesty International’s Evidence Lab reviewed photos and verified videos from January 2024 of women and children sitting on dirty floors amidst rubbish in a warehouse controlled by Egyptian border guards. The former detainees said the warehouses were infested by rats and pigeon nests and those detained endured cold nights with no appropriate clothing or blankets. Men’s warehouse conditions were overcrowded, with over a hundred men crammed together and limited access to overflowing toilets, forcing them to urinate in plastic bottles at night. At least 11 children, some under the age of four, were detained with their mothers at these sites. Israa, who has asthma, told Amnesty International that guards at the overcrowded horse stable near Nagaa Al Karur village ignored her request for an inhaler, even when she asked to buy one at her own expense. After periods of detention ranging from a few days six weeks, police and Border Guard Forces handcuffed males and drove all detainees to the Qustul-Ashkeet border crossing and handed them to Sudanese authorities, without individualised assessment of risk of serious human rights violations if returned. None was given the opportunity to claim asylum even when they had registration appointments with the United Nations High Commissioner for Refugees (UNHCR), asked to speak to UNHCR or pleaded not to be sent back. Such forced returns violate Egypt’s international obligations under human rights and refugee law, including the principle of non-refoulement. Border Guard Forces expelled Ahmed, his wife and two-year-old child together with a group of roughly 200 detainees, on 26 February 2024, after detaining them for six days in Abu Simbel military site. Since the conflict in Sudan began, Egyptian authorities have failed to provide statistics or acknowledge their policy of deportations. © 2024 Amnesty International

  • Egypt: Over 100 Arbitrarily Detained Over Calls For Protests

    July 18 2024: The Egyptian authorities have embarked on a new wave of arbitrary arrests of dozens of people against the backdrop of calls for anti-government protests amid rising public discontent at soaring prices and ongoing power cuts, Amnesty International said today. Since the beginning of July, Egyptian security forces have arbitrarily detained 119 individuals, including at least seven women and one child, in at least six governorates, in connection to online calls for a “Dignity Revolution” on 12 July. Detainees posted on their social media accounts calling for protests and for the ousting of President Abdel Fattah al-Sisi’s government due to price hikes and the year-long power cuts. The protests eventually did not materialize. “It is utterly shameful that complaining about worsening economic and living standards means imprisonment in Egypt. Instead of silencing people for expressing their discontent and continuing to use brutal tactics to eradicate any public protests, the government of Egypt must take concrete steps to fulfill people’s social and economic rights,” said Mahmoud Shalaby, Amnesty International’s Egypt Researcher. “The Egyptian authorities must immediately and unconditionally release all those arbitrarily detained solely for exercising their right to freedom of expression. They must ensure that people can exercise their right to protest without having to fear retribution.” Egypt has been witnessing a rise in discontent among people who are struggling to meet their basic needs amid hikes in food and fuel prices and a shortage of medicines across the country. In January 2024, people in Egypt were hit by a series of price hikes that included telecom fares and metro tickets. Since July 2023, the Egyptian government has implemented cost-saving measures including cutting electricity for two hours every day in all areas of the country, except some governorates with high numbers of tourists. The cuts affect several aspects of life in the country, including access to water which requires pumps to reach higher floors in many buildings. Local media reported several deaths of people who got stuck in elevators during the cuts. It is utterly shameful that complaining about worsening economic and living standards means imprisonment in Egypt -Mahmoud Shalaby, Amnesty International Amnesty International conducted interviews with human rights lawyers representing eight detainees, including lawyers at the Egyptian Initiative for Personal Freedoms (EIPR) and the Egyptian Commission for Rights and Freedoms (ECRF). They said the total number of people brought before the Supreme State Security Prosecution (SSSP) in the criminal cases involving their clients in relation to the protests calls was 119 as of 16 July 2024. Eight of the detainees, aged from their thirties to their sixties, do not have a history of political activism and come from divergent backgrounds and professions. Seven posted content on Facebook and X (formerly Twitter) under the hashtag “Dignity Revolution” calling for anti-government protests. One posted a video calling the parliament to impeach President Abdel Fattah al-Sisi. Security forces detained the eight at their houses and workplaces in Cairo, Giza, Al Gharbia, Beni Souif, Red Sea, Alexandria and Menoufia governorates, before transferring them to police stations or National Security Agency (NSA) facilities. They kept seven of the eight incommunicado for periods ranging between two to five days. NSA agents questioned them while being blindfolded, which amounts to ill-treatment, and without the presence of a lawyer. Authorities later transferred the detainees to the SSSP which opened investigations against them over charges of ‘joining a terrorist group’, ‘publishing false news’ and ‘misuse of social media.’ The prosecution ordered the pretrial detention of the eight along with 111others who faced similar charges, for 15 days pending investigations. The evidence against the eight individuals detained was screenshots from their social media accounts in addition to their personal mobiles. SSSP prosecutors asked the detainees about their personal and professional life, the reasons they supported the protests calls, and whether they expected people to take to the streets on 12 July or not. A detainee in his forties told the prosecutors that he has three children and has been suffering to provide for them despite working long hours in a physically demanding job, which made him support the calls to express his anger. Another detainee in his thirties who works in a private company told prosecutors that he wrote “Enough Sisi, go away” because he was no longer able to afford life necessities as his salary is never sufficient amid the price hikes. Background Amnesty International previously documented how the Egyptian authorities carried out preventive mass arrests of hundreds of people amid protests calls in the lead-up to COP 27 in 2022. Since 2013, the Egyptian authorities have been severely repressing the rights to freedom of expression, association and peaceful assembly and clamping down on critical voices offline and online. Thousands of actual or suspected government critics continue to be arbitrarily detained. © 2024 Amnesty International

  • Pakistan: Persecution of Ahmadis must end as authorities attempt shutdown of US website

    3 February 2021, 03:30 UTC The Pakistani authorities must end their ongoing persecution of the Ahmadiyya religious minority, which is now extending across borders, said Amnesty International, Human Rights Watch and the International Commission of Jurists (ICJ), following an attempt by the Pakistan Telecommunications Authority (PTA) to shut down the website of the Ahmadis’ US-based community. On 24 December 2020, the PTA sent a legal notice to the administrators of trueislam.com, stating that the site was in violation of Pakistan's Constitution, and warning they could be charged with blasphemy - a charge potentially carrying the death penalty - for referring to themselves as Muslims. The site’s administrators have also been threatened with a fine of 500 million PKR (US$3.1 million) if they fail to take the website down. "Digitally policing Ahmadis on what they can or can't preach, no matter where they are, is a flagrant violation of Pakistan's legal obligations under the International Covenant on Civil and Political Rights" - Samira Hamidi, Deputy Regional Director at Amnesty International The trueislam.com website provides general information about Ahmadi history and beliefs, details the work carried out by the Ahmadi community in the US, including blood drives and veterans’ support, and features interviews with prominent community members such as the actor Mahershala Ali. “Ahmadis in Pakistan have long been the target of systematic attacks, and successive Pakistani governments have failed to respect, protect and promote their human rights, forcing many to flee to other countries. The PTA’s efforts to close down their US website shows that even then, a life free from discrimination can be out of reach,” said Samira Hamidi, Deputy Regional Director at Amnesty International. “Digitally policing Ahmadis on what they can or can't preach, no matter where they are, is a flagrant violation of Pakistan's legal obligations under the International Covenant on Civil and Political Rights to which the country is a state party. We urge the PTA to desist from its targeted campaign against Ahmadis and to ensure that everyone in Pakistan is able to express themselves and profess their religion freely, without fear of reprisals or discrimination.” According to a PTA press release on 22 January 2021, access to trueislam.com has now been blocked in Pakistan. Amnesty International has been shown an email sent by the head of the PTA on 27 December 2020 to various servers in the country, instructing them to remove access to the website, along with three others related to the Ahmadi community. “Pakistan has an obligation to protect the rights to freedom of expression and religion online every bit as much as in places of worship or in public spaces. Far from facilitating such protection, the PTA is extending its long arm to violate the rights of persons well beyond Pakistan’s own borders,” said Ian Seiderman, ICJ Legal and Policy Director. The administrators of the website told Amnesty International that prior to receiving the notice, they received emails from various sources filled with hate speech. “I was suddenly inundated with hate-filled messages from extremists on my email. And then a few days later, on December 24, the PTA emailed me a notice threatening criminal prosecution and fines for blasphemy and giving 24 hours to remove the trueislam.com website,” said Amjad Mahmood Khan, a US-based Ahmadi lawyer who was targeted. "The attempt to extend Pakistan’s persecution of Ahmadis to other jurisdictions is a dangerous escalation" - Brad Adams, Asia director at Human Rights Watch “It’s obvious the PTA seeks to prosecute US citizens operating a US-based website. This is an unprecedented act to extend the reach of Pakistan’s abominable blasphemy laws to US citizens, and it’s a new frontier in persecution for Ahmadis worldwide,” Khan said. The legal notice to trueislam.com is part of a broader pattern of state overreach by the PTA in recent months, which has included issuing notices to Google and Wikipedia to remove "sacrilegious content". “The attempt to extend Pakistan’s persecution of Ahmadis to other jurisdictions is a dangerous escalation. The Pakistani government should end its policing of Ahmadi speech outside the country and focus on providing an enabling environment for free speech, expression, and freedom of religion inside Pakistan,” said Brad Adams, Asia director at Human Rights Watch. Background The Pakistani penal code explicitly discriminates against religious minorities and targets Ahmadis by prohibiting them from “indirectly or directly posing as a Muslim.” Ahmadis are banned from declaring or propagating their faith publicly, building mosques, or making the Muslim call for prayer. For more information on the persecution of the Ahmadiyya community in Pakistan, see here. On 25 December 2020, the Pakistan Telecommunications Authority issued a press release saying that Google and Wikipedia had been issued notices. On 28 December 2020, the Lahore High Court Chief Justice Qasim Khan ordered the Federal Investigative Agency to issue notices to Google, stating that shutting down websites was not enough. For more information about the law on blasphemy in Pakistan, see here. © Amnesty International 2021

  • Venezuela: ICC Prosecutor must include new mass extrajudicial executions in preliminary examination

    In a new open-source investigation, Venezuela: Impunity in the face of lethal policy of social control, that collected evidence verified by its Crisis Evidence Lab, Amnesty International considers the deaths of at least 14 men in the La Vega area of Caracas, between 6 and 9 January 2021, as probable extrajudicial executions and calls for the Office of the Prosecutor of the International Criminal Court to include these facts in its preliminary examination of the crimes against humanity that have and are being committed by state agents in Venezuela. Although neighbours denounced police presence since 6 January, two days later, as many as 650 agents of Venezuelan security forces were deployed in La Vega parish, southwestern Caracas, due to alleged clashes between gangs and police. Officers deployed included the Special Action Forces (FAES) and other members of the Bolivarian National Police, who have been criticized in the past for the systematic extrajudicial executions of young men living in poverty. “There are solid reasons to believe that at least 14 of the deaths in La Vega between January 6 and 9 were likely extrajudicial executions, a crime under international law that might constitute crimes against humanity. Despite repeated condemnation by international organizations and the courageous Venezuelan civil society, these crimes continue year after year, hand in hand with utter impunity,” said Erika Guevara-Rosas, Americas director at Amnesty International. Amnesty International verified nine videos filmed between 8 and 9 January showing police activity in the area of La Vega. Videos filmed on the morning of 8 January show a convoy of police vehicles driving south down Avenida O'Higgins in Caracas toward the La Vega area. Another video shows police and their vehicles by Av. Guzmán Blanco, at the border of La Vega parish. A video posted by local media also on 8 January shows a heavy police presence near the Gimnasio Vertical in the La Vega parish. Police vehicles, weapons, armour and UOTE (Special Tactics Operational Unit by its acronym in Spanish) badges are also visible in the video. Another video filmed on 8 January shows the scene at Calle los Bloques near the centre of La Vega in which gunshots can be heard. A photograph taken from the same vantage point reveals that the vehicles shown in the video are police trucks and that there is a heavy police presence in the area. Another uploaded video of the incidents in La Vega is filmed around Calle 1 de Mayo, deep in La Vega. At about the 20-second mark, a gunshot can be heard and a police officer ducks. At about the 30-second mark, the same officer can be seen aiming his gun while seeking cover where other police are waiting. CPNB (Bolivarian National Police Corps, in Spanish) and Bolivarian National Police insignia can be clearly seen on some of the uniforms. Other videos show the same street as gunshots ring out, with one showing armed police patrol the area. A final video, filmed from above the street, shows a police pick-up truck driving westward along Calle Zulia out of La Vega parish with what appears to be bodies in the back. At least 14 people died during the operation, which lasted four days, until 9 January, with reports of an additional 10 fatal victims of the police’s actions. Two of the victims reportedly were 17-year-old adolescents. Human rights organizations and residents of La Vega denied that the deaths were the result of the confrontation and claimed that they were mostly extrajudicial executions. Other deaths could be due to "stray bullets." There have been no reports of the death or injury of any members of the security forces involved. Amnesty International obtained images that apparently show 14 of the deceased bodies in La Vega. An external forensic pathologist independently verified the details of the injuries sustained and confirmed that seven bodies had gunshot wounds over the heart and a further two bodies had single gunshot wounds immediately above the heart. Two bodies had single gunshot wounds to the head. “The location and number of gunshot wounds on the bodies of the victims in La Vega make the official version that these deaths occurred in a confrontation with crossfire even less credible. Instead, they support Amnesty International’s findings on a policy of systematic extrajudicial executions and other crimes under international law in Venezuela. With no sign of any impartial and independent investigation into these events, the examination of the Office of the Prosecutor of the International Criminal Court becomes more necessary than ever,” said Erika Guevara-Rosas. As of the conclusion of Amnesty International’s investigation, there had been no public statements by the Attorney General’s Office, nor the Ombudsman's Office, on the opening of an independent, prompt and impartial investigation to clarify the truth and individual criminal responsibilities regarding these events. And even if such a step was taken, its credibility would be in question after years of complaints about the lack of impartiality and independence of the Venezuelan judicial system by international organizations, including Amnesty International. “The alleged extrajudicial executions that we have investigated in La Vega could constitute crimes against humanity, which involve the authorities at the highest level, including Nicolás Maduro. The policies of repression and social control are based on impunity promoted and enabled by the same authorities that have committed massive violations of human rights in Venezuela,” said Erika Guevara-Rosas. Additional Information Local organizations with whom Amnesty International had contact collected the testimonies of the victims' families and many of the accounts corroborate the modus operandi that Amnesty International has repeatedly documented in the past. Security forces enter houses without an arrest or search warrant, immobilize the young person inside the house, without any confrontation, and upon leaving – or even still inside the property – they execute them with one or two shots to a highly vulnerable area of the body, such as the thorax or the head. Subsequently, the officials alter the crime scene, simulate a clash, or transfer the body to avoid a crime scene investigation, and classify the death as "resistance to authority." This pattern of extrajudicial executions carried out by state security forces that Amnesty International has been able to verify has been widely denounced by international organizations and human rights organizations for several years. In particular, the United Nations High Commissioner for Human Rights, Michelle Bachelet, has recommended the dissolution of the FAES due to the numerous reports of extrajudicial executions since its creation. The United Nations' Fact-Finding Mission for Venezuela determined in its first report that: “the extrajudicial executions [carried out by the FAES and the Scientific, Criminal and Criminal Investigations Corps] have not [been] isolated acts, committed by individuals acting alone. There is information about an agreed practice to kill individuals with criminal records even if they offered no resistance during detention, including in order to demonstrate “results” in the fight against criminality." This Mission determined that between 2014 and 2020, in Venezuela there existed “a policy to combat crime, including by eliminating individuals perceived as ‘criminals’ through extrajudicial execution.” For more information or to request an interview, please contact Duncan Tucker: duncan.tucker@amnesty.org © Amnesty International 2021

  • Eritrean troops’ massacre of hundreds of Axum civilians may amount to crime against humanity

    Amnesty International: 26 February 2021, 00:01 UTC Amnesty International interviewed 41 survivors and witnesses to mass killings in November Troops carried out extrajudicial executions, indiscriminate shelling and widespread looting Satellite imagery analysis shows evidence consistent with new burial sites Eritrean troops fighting in Ethiopia’s Tigray state systematically killed hundreds of unarmed civilians in the northern city of Axum on 28-29 November 2020, opening fire in the streets and conducting house-to-house raids in a massacre that may amount to a crime against humanity, Amnesty International said today in a new report. Amnesty International spoke to 41 survivors and witnesses – including in-person interviews with recently arrived refugees in eastern Sudan and phone interviews with people in Axum – as well as 20 others with knowledge of the events. They consistently described extrajudicial executions, indiscriminate shelling and widespread looting after Ethiopian and Eritrean troops led an offensive to take control of the city amid the conflict with the Tigray People’s Liberation Front (TPLF) in mid-November. Satellite imagery analysis by the organization’s Crisis Evidence Lab corroborates reports of indiscriminate shelling and mass looting, as well as identifies signs of new mass burials near two of the city’s churches. “The evidence is compelling and points to a chilling conclusion. Ethiopian and Eritrean troops carried out multiple war crimes in their offensive to take control of Axum. Above and beyond that, Eritrean troops went on a rampage and systematically killed hundreds of civilians in cold blood, which appears to constitute crimes against humanity,” said Deprose Muchena, Amnesty International's Director for East and Southern Africa. “This atrocity ranks among the worst documented so far in this conflict. Besides the soaring death toll, Axum’s residents were plunged into days of collective trauma amid violence, mourning and mass burials.” The mass killings came just before the annual celebration at Axum Tsion Mariam, a major Ethiopian Orthodox Christian festival on 30 November, compounding the trauma by casting a pall over an annual event that typically draws many pilgrims and tourists to the sacred city. Large-scale military offensive On 19 November 2020, Ethiopian and Eritrean military forces took control of Axum in a large-scale offensive, killing and displacing civilians with indiscriminate shelling and shooting. In the nine days that followed, the Eritrean military engaged in widespread looting of civilian property and extrajudicial executions. Witnesses could easily identify the Eritrean forces. They drove vehicles with Eritrean license plates, wore distinctive camouflage and footwear used by the Eritrean army and spoke Arabic or a dialect of Tigrinya not spoken in Ethiopia. Some bore the ritual facial scars of the Ben Amir, an ethnic group absent from Ethiopia. Finally, some of the soldiers made no secret of their identity; they openly told residents they were Eritrean. ‘All we could see were dead bodies and people crying’ According to witnesses, the Eritrean troops unleashed the worst of the violence on 28-29 November. The onslaught came directly after a small band of pro-TPLF militiamen attacked the soldiers’ base on Mai Koho mountain on the morning of 28 November. The militiamen were armed with rifles and supported by residents brandishing improvised weapons, including sticks, knives and stones. Sustained gunfire can be heard ringing out across the city in a video recorded early that day from several locations at the bottom of the mountain. A 22-year-old man who wanted to bring food to the militia told Amnesty International: “The Eritrean soldiers were trained but the young residents didn’t even know how to shoot… a lot of the [local] fighters started running away and dropped their weapons. The Eritrean soldiers came into the city and started killing randomly.” Survivors and witnesses said Eritrean forces deliberately and wantonly shot at civilians from about 4pm onwards on 28 November. According to residents, the victims carried no weapons and many were running away from the soldiers when they were shot. One man who hid in an unfinished building said he saw a group of six Eritrean soldiers kill a neighbour with a vehicle-mounted heavy machine-gun on the street near the Mana Hotel: “He was standing. I think he was confused. They were probably around 10 metres from him. They shot him in the head.” A 21-year-old male resident said: “I saw a lot of people dead on the street. Even my uncle’s family. Six of his family members were killed. So many people were killed.” The killings left Axum’s streets and cobblestone plazas strewn with bodies. One man who had run out of the city returned at night after the shooting stopped. “All we could see on the streets were dead bodies and people crying,” he said. On 29 November, Eritrean soldiers shot at anyone who tried to move the bodies of those killed. The soldiers also continued to carry out house-to-house raids, hunting down and killing adult men, as well as some teenage boys and a smaller number of women. One man said he watched through his window and saw six men killed in the street outside his house on 29 November. He said the soldiers lined them up and shot from behind, using a light-machine gun to kill several at a time with a single bullet. Interviewees named scores of people they knew who were killed, and Amnesty International has collected the names of more than 240 of the victims. The organization has been unable to independently verify the overall death toll, but consistent witness testimonies and corroborating evidence make it plausible that hundreds of residents were killed. Burying the dead Most of the burials took place on 30 November, but the process of collecting and burying the bodies lasted several days. Many residents said they volunteered to move the bodies on carts, in batches of five to 10 at a time; one said he transported 45 bodies. Residents estimate that several hundred people were buried in the aftermath of the massacre, and they attended funerals at several churches where scores were buried. Hundreds were buried at the largest funeral, held at the complex that includes the Arba’etu Ensessa church and the Axum Tsion St Mariam Church. Amnesty International’s Crisis Evidence Lab geolocated a video showing people carrying a dead man on a stretcher in Da’Ero Ela Plaza (14.129918, 38.717113), towards Arba’etu Ensessa church. High-resolution satellite imagery from 13 December shows disturbed earth consistent with recent graves around the Arba’etu Ensessa and the Abune Aregawi churches. Intimidation and looting In the days following the burials, the Eritrean army rounded up hundreds of residents in different parts of the city. They beat some of the men, threatening them with a new round of revenge killings if they resisted. Axum residents witnessed a surge in the Eritrean army’s looting during this period, targeting stores, public buildings including a hospital, and private homes. Luxury goods and vehicles were widely looted, as well as medication, furniture, household items, food, and drink. International humanitarian law (the laws of war) prohibits deliberate targeting of civilians, indiscriminate attacks, and pillage (looting). Violations of these rules constitute war crimes. Unlawful killings that form part of a widespread or systematic attack against a civilian population are crimes against humanity. “As a matter of urgency, there must be a UN-led investigation into the grave violations in Axum. Those suspected of responsibility for war crimes or crimes against humanity must be prosecuted in fair trials and victims and their families must receive full reparation,” said Deprose Muchena.“We repeat our call on the Ethiopian government to grant full and unimpeded access across Tigray for humanitarian, human rights, and media organizations.” © 2021 Amnesty International

  • CAR: Amnesty investigation reveals full horror of conflict and election violence

    Published by Amnesty International on February 25, 2021. UN peacekeepers deployed to support the CAR government (AFP) Testimonies, satellite imagery and photographic analysis confirm the killing of 14 people last week in a religious site in Bambari At least two killed, six injured by security forces during curfew in Bangui Thousands of IDPs across the country Many civilians have been killed and others injured during the election period in the Central African Republic, Amnesty International said today, as it called on authorities to protect civilians and launch independent judicial investigations into abuses and human rights violations by armed groups and security forces. The security situation worsened ahead of presidential and parliamentary elections on 27 December, ahead of which a newly-formed coalition of six armed groups — the Coalition of Patriots for Change (CPC) — tried to stop the elections taking place. Since 17 December, the CPC has launched a series of attacks against several towns, occupying them. Central African armed forces, supported by foreign troops in the presence of MINUSCA, clashed with the CPC as they attempted to free the occupied towns. Due to the ongoing clashes and the seizure by the CPC of several areas of the country, it has been difficult to collect information on the impact of the conflict on people’s lives. However, testimonies gathered by Amnesty International — alongside analysis and verification of satellite imagery, a video and photographs, — confirm that many civilians have been killed in several towns including Bambari, in the centre of the country, and Bangui, the capital. Many people have also been displaced in Bangassou, in the south-east, while the supply of essential goods and humanitarian aid into the country was blocked. "Civilians and their access to humanitarian assistance must be protected during conflicts. All parties to the conflict, including Central African forces, foreign forces, and armed groups, must respect their international humanitarian law obligations. They must do their best to protect civilians during clashes and attacks." - Abdoulaye Diarra, Amnesty International Central Africa researcher "In a country where conflict has been raging for two decades, the authorities must now clearly prioritize the protection of human rights and the fight against impunity for those who violate them. An important first step is to open independent investigations into the violations and abuses documented." CPC members occupied several areas in Bambari on 22 December 2020. The government and allied forces clashed with the CPC to drive them back from the town on 15 and 16 February 2021. Amnesty International can confirm that civilians were killed in Bambari during the clashes. The organization’s Crisis Evidence Lab received and analyzed multiple images and one video that can be geolocated to a religious site in the east of Bambari, showing the bodies of people reportedly killed on 16 February 2021. As many as 14 bodies are visible on the floor, most either partially or fully covered. On visible parts, these people were not wearing military clothes. The video also shows some of these bodies close up, including a woman and a child. The photos received by Amnesty International show damage to the same building. One image shows what Amnesty International has confirmed to be the impact of an explosive weapon, with blast damage visible on the floor and an associated pattern of holes on an adjacent wall consistent with the detonation of a frag-munition. Injuries mirroring the pattern of damage seen on the wall are visible in photos of at least three bodies. In addition, Médecins Sans Frontières announced on 22 February 2021 that a medical center supported by its teams had been damaged with bullets and explosives during the 16 February clashes. They have also treated around 30 injured people, including eight women and nine minors — aged between 17 months and 17 years — who were wounded by bullets and shell fragments. "We don’t have all the necessary elements to determine the legality or otherwise of the 16 February attack. However, we would like to remind all parties to the conflict that attacks targeting civilians are prohibited by international humanitarian law. Special precautions must be taken to protect buildings dedicated to religion and health centers." - Abdoulaye Diarra “Given the gravity of these acts, it is urgent that the authorities open an investigation to clarify the facts and identify those responsible.” On 7 January 2021, authorities decided to implement a curfew across the country. According to testimonies received by Amnesty International, a young man who allegedly violated the curfew was shot and killed by security forces on the evening of 11 January in the 5th District of Bangui. Many young people in the area decided to protest the killing by carrying his body in front of the Prime minister’s office. A witness told Amnesty International: “Presidential guards shot in the air as young people were arriving near the state television building where they were blocked and dispersed. As they were leaving the area, groups of young men met another security forces unit which opened fire and fatally shot one of them in the head. His family buried him the following day.’’ Six other young men were injured during the incident. As the result of attacks and clashes, at least 240,000 people have been displaced within the country since mid-December, according to humanitarian organizations. The situation puts affected populations in deplorable humanitarian conditions. Amnesty International documented the scale of the displacements in Bangassou, which was attacked by the CPC on 3 January 2021, prompting fear and panic among the population. "On 3 January, the situation was terrible. There was fire, scenes of looting, gunfire, explosion noises ... The whole city emptied, 80% of the population crossed the river to reach the city of Ndu in Democratic Republic of the Congo … People were unable to go to the fields or go fishing, … They lost their cattle which were systematically stolen (by armed groups)." - A resident of Bangassou told Amnesty International Satellite imagery of Bangassou from 4 January 2021, analyzed and verified by Amnesty International experts, shows the central market appeared emptier than usual, possibly due to the looting and attacks on 3 January. The imagery also shows a large number of people and across the Mbomou river in the country, and new shelters set up to host people in the other side of the river in DR Congo. These persons were waiting to cross the river, corroborating reports of important displacements of people. On 11 January 2021, UNHCR confirmed that at least 15,000 people arrived in the village of Ndu, following attacks in the towns of Damara and Bangassou on 2 and 3 January. Disruption by armed groups on main food supply roads Some people told Amnesty International of the ongoing difficulties they face in accessing food and humanitarian aid, which are mostly imported by trucks from Cameroon. CPC members deliberately carried out attacks on truck drivers in order to block the passage of food supplies. An example of this blockage took place on 18 January 2021, when three drivers caught in an ambush by the CPC were injured in Baboua. Two other drivers were killed on 19 January on the same road, according to the authorities. The country's supply depends significantly on this route. The insecurity caused by the CPC has led to a scarcity of food, and therefore to an increase in prices. “For three weeks, the main supply routes with Cameroon were disrupted and the lack of food, including in Bangui, was beginning to weigh on the civilian population. This resulted in higher prices for goods, and worsened the situation of people who were already living in poverty,” a member of a civil society organization living in Nana-Mambere, in the West of the country, told Amnesty International. Humanitarian needs which were already important have increased during the election period due to the high number of displaced people. Many goods, and much humanitarian aid, accessed the country via the main road connecting the capital Bangui to neighboring Cameroon. The blockage of that road for weeks by armed groups was lifted last week. However, armed groups continue to threaten to block the corridor once again. A member of a humanitarian NGO told Amnesty International he was increasingly concerned about food security, given the rise in prices: “…Prices in the markets have already risen with the COVID 19 pandemic. The instability is now increasing inflation and the population’s access to basic goods is getting complicated, given the fact that food insecurity and malnutrition were already high in CAR." This deliberate blockage and these abuses might constitute violations of international humanitarian law, which calls on all parties to the conflict to authorize and facilitate the rapid passage of humanitarian rescues. "Humanitarian needs have increased with this crisis. Humanitarian workers must be able to freely access all populations without interference. All parties to the conflict must respect international humanitarian law and international human rights law." - Abdoulaye Diarra ''Humanitarian needs have increased with this crisis. Humanitarian workers must be able to freely access all populations without interference. All parties to the conflict must respect international humanitarian law and international human rights law”, said Abdoulaye Diarra. © 2021 AMNESTY INTERNATIONAL

  • Nepal: Indigenous peoples victims of conservation

    9 August 2021, 14:28 UTC Amensty International Nepal’s Indigenous peoples have suffered a litany of human rights violations over the past five decades as a result of abusive conservation policies, said Amnesty International and the Community Self-Reliance Centre (CSRC), in a new report published today. The report, Violations in the name of conservation, documents how the establishment of National Parks and other “protected areas” has resulted in tens of thousands of Indigenous peoples being forcibly evicted from their ancestral lands and denied access to areas they depend on for subsistence. Focusing on the examples of Chitwan and Bardiya National Parks, the report highlights how the enforcement of these policies has frequently led to cases of arbitrary arrest, torture, unlawful killing and forced evictions from informal settlements. “Nepal is often held up as an exemplary conservation success story. Unfortunately, that success has come at a high price for the country’s Indigenous peoples, who had lived in and depended on these protected areas for generations” said Dinushika Dissanayake, Deputy South Asia Director at Amnesty International. "Nepal is often held up as an exemplary conservation success story. Unfortunately, that success has come at a high price for the country’s Indigenous peoples" - Dinushika Dissanayake, Deputy South Asia Director at Amnesty International “From the 1970s onwards, Nepal’s governments have adopted an approach to conservation that has forced Indigenous peoples off their ancestral lands and severely limited their ability to access traditional foods, medicinal plants and other resources. Heavy-handed enforcement of these policies has subsequently resulted in numerous cases of torture or other ill-treatment and unlawful killings.” Forced evictions National parks and other “protected areas” cover almost a quarter of Nepal, with the vast majority located in the ancestral homelands of Nepal’s Indigenous peoples. Decades after their establishment, many Indigenous peoples who were evicted remain landless and at risk of further forced evictions from the informal settlements where they now live. They have not been provided access to alternative livelihoods or compensation for their losses. Amnesty International and CSRC have documented several recent incidents of forced evictions and attempted forced evictions by national park authorities, including in Chitwan and Bardiya. On 18 July 2020, authorities at Chitwan National Park forcibly evicted ten families from the Chepang community, who had been displaced due to floods and landslides and were living in a buffer zone – an area designated to provide local people with access to forest resources - outside the park boundary. Amnesty International and CSRC found that the park had given the families a verbal notice only a week before the eviction, contrary to international standards and requirements under Nepal’s new Housing Act. An official investigation into the incident was launched by the Ministry of Forests and Environment later that month but despite repeated requests, Amnesty International and CSRC have not been able to obtain information about the results of the investigation. In Bardiya National Park, some Indigenous peoples have continued to pay malpot, a land revenue tax, despite not having had access to their land for decades, after floods and a change in the river course resulted in the land being considered as part of the national park. They told Amnesty International and CSRC that they do so in the hope that they will once again be able to access their land, and because malpot receipts are required to claim compensation for crop damage. Access to food and resources The National Parks and Wildlife Conservation Act (NPWC) 1973 remains the overarching law governing “protected areas”. The law restricts hunting, grazing, tree cutting, land cultivation or forest use, and bans all building in a national park or wildlife reserve, measures which have severely impacted and dramatically altered Indigenous peoples’ way of life. Apart from those living in Buffer Zones with access to Buffer Zone forests, Indigenous peoples who have resettled outside the Buffer Zones are barred from visiting national parks, leaving people already deprived of access to their homes, land and other forest resources to fend for themselves and pay costs they can ill afford, potentially resulting in food insecurity and health and housing concerns. Due to lack of alternative livelihoods, financial hardship and inability to meet household costs, many Indigenous peoples evicted from their land have been compelled to become sharecroppers (bataiya), cultivating other people’s land in return for 50 percent of the harvest. The bataiya system, which is governed by social rather than legal norms, has serious human rights implications. Locals interviewed in Banke and Bardiya districts reported that they frequently experienced exploitation by landlords, including having to do household work or collect fodder and fuel wood without payment. Arbitrary arrest and detention, torture and other ill-treatment, and excessive use of force Indigenous peoples are frequently arrested and detained for entering national parks and reserves. Many of them have faced ill-treatment, and sometimes torture, at the hands of army personnel deployed in the parks. Some have died as a result, including 26-year-old Raj Kumar Chepang, who died after being beaten by army officers in Chitwan in July 2020. "For almost half a century, Indigenous peoples in Nepal have been failed by governments that were constitutionally-bound to uphold their rights" - Jagat Basnet, Executive Director of CSRC The domestic legal framework fails to clearly define and restrict the Nepal Army’s powers to arrest and detain and use force in national parks and other “protected areas”. A recent study in the buffer zone of Chitwan found that the Nepal Army’s role in conservation is expanding, with national parks becoming increasingly militarized. “For almost half a century, Indigenous peoples in Nepal have been failed by governments that were constitutionally-bound to uphold their rights. To start repairing this damage, Nepal’s authorities must recognize Indigenous peoples’ rights to their ancestral lands and allow them to return,” said Jagat Basnet, Executive Director of CSRC. “This must be accompanied by legal amendments that guarantee the right of Indigenous peoples to participate fully in the management of conservation areas, and an inclusive and participatory process to agree appropriate compensation for the wrongs inflicted by Nepal’s authorities.” © 2021 AMNESTY INTERNATIONAL

  • Zimbabwe: Statelessness crisis traps hundreds of thousands in limbo

    Amnesty International | 16 April 2021, 05:49 UTC Amnesty International/Tsvangirai Mukwazhi Hundreds of thousands of people trapped in the misery of statelessness in Zimbabwe have been forced to the margins of society, and struggle to access education, healthcare and housing, Amnesty International said today in a new report. The organization interviewed descendants of migrant workers who settled in Zimbabwe pre-independence, as well as survivors of the Gukurahundi massacres of the 1980s; two groups locked out of citizenship by a cruel combination of discrimination and bureaucracy. "For Zimbabwe’s stateless, everyday life is filled with obstacles. Accessing education, healthcare and employment can be a nightmare, and the sense of exclusion and rejection is soul destroying" Muleya Mwananyanda, Amnesty International's Deputy Director for Southern Africa The report, We are like “stray animals”, details how Zimbabwe’s discriminatory and arbitrary nationality laws have left generations of migrant workers and their families marginalized in the only country they have ever called home. Meanwhile, thousands of survivors of the horrific Gukurahundi massacres, one of the bloodiest episodes of Robert Mugabe’s rule, are denied citizenship because they cannot provide the death certificates of relatives, which are required to prove Zimbabwean nationality. “For Zimbabwe’s stateless, everyday life is filled with obstacles. Accessing education, healthcare and employment can be a nightmare, and the sense of exclusion and rejection is soul destroying,” said Muleya Mwananyanda, Amnesty International’s Deputy Director for Southern Africa. “The Zimbabwean authorities must take concrete action to address this crisis, including mapping and registering all stateless people. Authorities must ensure laws are in line with Zimbabwe’s own Constitution, as well as international human rights law.” In Zimbabwe, approximately 300,000 people are currently at risk of statelessness, according to the United Nations High Commissioner for Refugees. Lack of official data means that the exact number is unknown. Migration and statelessness Amnesty International research lays bare the devastating consequences of statelessness on the eve of 41 years of independence where many hoped to live in a country where they are treated equally, regardless of their political affiliation or ethnicity. The current statelessness crisis in Zimbabwe has its roots in colonial history. The British colonial government largely depended on cheap migrant labour from Malawi, Mozambique and Zambia to grow its industries. "The Zimbabwean authorities must take concrete action to address this crisis, including mapping and registering all stateless people. Authorities must ensure laws are in line with Zimbabwe’s own Constitution, as well as international human rights law" Muleya Mwananyanda After independence in 1980, Zimbabwean authorities passed a series of discriminatory laws which have, over the years, effectively excluded, marginalized and disenfranchised the descendants of these workers. For example, the 1984 Citizenship of Zimbabwe Act 23 was used to arbitrarily deprive persons of “foreign origin” of their right to a Zimbabwean nationality, even though most were entitled to citizenship under the Constitution. Section 43 of Zimbabwe’s Constitution states that any resident who was born in Zimbabwe to parents with a claim to citizenship of any SADC state - including Malawi, Mozambique, Zambia and South Africa - is a Zimbabwean citizen by birth. The Citizenship Act is not yet aligned to the Constitution and continues to be used by the Ministry of Home Affairs to deny citizenship arbitrarily and unfairly to descendants of migrant workers. In so doing the Citizenship Act gives almost unfettered discretion and arbitrary powers to both executive and junior officials to deny people their constitutional rights. In 2001, a new law required descendants of migrant workers to renounce their ancestral nationality within six months, in order to be granted Zimbabwean citizenship. Many people were unable to do so because they did not hold the requisite identity documents. To be granted Zimbabwean citizenship, they first needed to prove that their parents had been nationals of other countries. One man, Alex, whose father was Zambian, said: “I have no idea how I can locate my parents’ relatives as I have never been to Zambia.” Alex does not have death certificates for either his father or his Zimbabwean mother. As a result, he has been denied citizenship, which prevented him from going beyond Grade 7 at school and means neither of his children have birth certificates. Precarious futures In this way, the legal limbo of statelessness is perpetuated across generations. Parents are denied birth certificates for their children if they cannot present their own, leaving their children facing precarious futures. Without the necessary identity documents, many stateless children are unable to access education. Those who do attend school are often forced to drop out, or prevented from sitting their final exams. Lulamani, a 23-year-old woman, said: “Life has been difficult and painful. I was brilliant at school, but I did not sit my final exams. Now I can’t get a decent job.” One man Amnesty Interviewed, Petros, said: “My eldest child in primary school cannot play soccer for the school like other children because he does not have a birth certificate.” Stateless people in Zimbabwe also face barriers to accessing health care. Pregnant women are excluded from critical life-saving services such as antenatal care and assistance during labour. Botshiwe Dube, from Tsholotsho, told Amnesty International how she went to a health centre when she went into labour, but when she could not provide ID she was sent home to deliver her children. All of Botshiwe’s children were born at home; she told Amnesty International that she feels they are treated like “stray animals because they are undocumented.” Those without identity documents are also excluded from participating in political activities and from running their own businesses. The Gukurahundi massacres and statelessness When Zimbabwe gained independence in 1980 it was a deeply divided country. Tensions between the Robert Mugabe-led ZANU-PF and the Joshua Nkomo-led ZAPU led to an eruption of violence between the Zimbabwe African National Liberation Army (ZANLA) and the Zimbabwe People’s Revolutionary Army (ZIPRA), the respective military wings of ZANU-PF and ZAPU. By early 1982, authorities were violently cracking down on ZIPRA forces in Matabeleland, the homeland of the Ndebele people. Special forces of the Zimbabwe National Army Fifth Brigade were deployed, who carried out atrocious attacks against not only militants but also ZAPU officials and other people. The political tensions spilled into mass atrocities against the Ndebele people, and an estimated 20,000 people were killed between 1983 and 1987. Thousands were tortured and abducted, women were raped, and homes destroyed. When the crackdown, known as operation Gukurahundi, was over, traumatized survivors had to grapple with the challenges of statelessness as they were required to produce death certificates as proof of their parents to apply for Zimbabwean nationality. However, death certificates for people killed in the Gukurahundi operation were not issued, meaning that those who were orphaned as a result of the violence had no way of proving their parents’ nationality. Vaina Ndlovu, 68, lives in Tsholotsho in Matebeland North. Vaina’s father was abducted by Fifth Brigade forces and never heard from again following his abduction. When Vaina tried to obtain a death certificate for her father, registry office officials told her they needed witnesses to confirm that her father was abducted during Gukurahundi, which Vaina’s family could not provide. Statelessness resulting in violations of economic, social and cultural rights Stateless people in Zimbabwe struggle to access housing, healthcare and education, violating their rights under the Constitution, as well as international and regional human rights treaties including the UN International Covenant on Economic, Social and Cultural Rights and the African Charter on Human and Peoples’ Rights, to which Zimbabwe is a State Party. "The Zimbabwean authorities must publicly commit to creating an equal and inclusive society that accords citizenship to any person born on Zimbabwean soil, without discrimination based on national or ethnic origin" Muleya Mwananyanda While states have a right to determine their citizenship laws, these laws must be in conformity with international human rights law. As such, domestic law and practices must not be discriminatory and must conform to international legal obligations to not render anyone stateless. “Zimbabwe must make concrete and urgent changes to the law to bring the Citizenship Act in line with the Constitution. The authorities must take the necessary steps to ensure no further generations are condemned to the margins of society,” said Muleya Mwananyanda. “The Zimbabwean authorities must publicly commit to creating an equal and inclusive society that accords citizenship to any person born on Zimbabwean soil, without discrimination based on national or ethnic origin.” Amnesty International is calling on the Zimbabwean government to urgently take adequate measures to ensure the registration and restoration of Zimbabwean nationality to all those entitled to it, as provided for under the Constitution, including all those born and raised in Zimbabwe to foreign parents. See article here. © 2021 Amnesty International

  • Taliban massacre Hazara men

    AFP via Getty Images Amnesty International August 19, 2021 Afghanistan: Taliban responsible for brutal massacre of Hazara men – new investigation Taliban fighters massacred nine ethnic Hazara men after taking control of Afghanistan’s Ghazni province last month, Amnesty International said today. On-the-ground researchers spoke to eyewitnesses who gave harrowing accounts of the killings, which took place between 4-6 July in the village of Mundarakht, Malistan district. Six of the men were shot and three were tortured to death, including one man who was strangled with his own scarf and had his arm muscles sliced off. The brutal killings likely represent a tiny fraction of the total death toll inflicted by the Taliban to date, as the group have cut mobile phone service in many of the areas they have recently captured, controlling which photographs and videos are then shared from these regions. The cold-blooded brutality of these killings is a reminder of the Taliban’s past record, and a horrifying indicator of what Taliban rule may bring. These targeted killings are proof that ethnic and religious minorities remain at particular risk under Taliban rule in Afghanistan. Agnès Callamard “We urge the UN Security Council to adopt an emergency resolution demanding that the Taliban respect international human rights law, and ensure the safety of all Afghans regardless of their ethnic background or religious beliefs. “The UN Human Rights Council must launch a robust investigative mechanism to document, collect and preserve evidence of ongoing crimes and human rights abuses across Afghanistan. That will prove critical to ensure informed decision-making by the international community, and combat the impunity which continues to fuel grave crimes in the country.” Torture and murder in the context of an armed conflict are violations of the Geneva Conventions, and constitute war crimes under the Rome Statute of the International Criminal Court, which is already considering crimes committed in relation to the conflict in Afghanistan. Tortured and murdered Amnesty International interviewed eyewitnesses and reviewed photographic evidence in the aftermath of the killings in the village of Mundarakht. On 3 July 2021, fighting intensified in Ghazni province between Afghan government forces and the Taliban. Villagers told Amnesty International that they fled into the mountains to traditional iloks, their summer grazing land, where they have basic shelters. There was little food for the 30 families that fled. The next morning, 4 July, five men and four women returned to the village to gather supplies. On their return, they found that their homes had been looted, and that Taliban fighters were lying in wait for them. One man, 45-year-old Wahed Qaraman, was taken from his home by Taliban fighters who broke his legs and arms, shot him in the right leg, pulled his hair out, and beat his face with a blunt object. Another man, 63-year-old Jaffar Rahimi, was severely beaten and accused of working for the Afghan government, after cash was found in his pocket. The Taliban strangled him to death with his own scarf. Three people involved in the burial of Rahimi said that his body was covered in bruises, and that the muscles of his arms had been carved off. Sayed Abdul Hakim, 40, was taken from his home, beaten with sticks and rifle butts, had his arms bound, and was shot twice in the leg and twice in the chest. His body was then dumped next to a nearby creek. One eyewitness, who assisted with the burials, told Amnesty International: “We asked the Taliban why they did this, and they told us, ‘When it is the time of conflict, everyone dies, it doesn’t matter if you have guns or not. It is the time of war.’” Callous executions During the two-day killing spree, three other men – Ali Jan Tata (65), Zia Faqeer Shah (23), and Ghulam Rasool Reza (53) – were ambushed and executed as they left the iloks, and attempted to pass through Mundarakht to reach their homes in the nearby hamlet of Wuli. In Mundarakht, they were stopped at a Taliban checkpoint, where they were executed. Ali Jan Tata was shot in the chest, and Rasool was shot in the neck. According to witnesses, Zia Faqeer Shah’s chest was so riddled with bullets that he was buried in pieces. The men’s bodies were thrown into the creek alongside Sayed Abdul Hakim. Three more men were also callously killed in their home village. Eyewitnesses told Amnesty International that Sayeed Ahmad, 75, insisted the Taliban would not harm him as he was an elderly man, and that he intended to return to feed his cattle. He was executed with two bullets to the chest and another in his side. Zia Marefat, 28, suffered from depression and rarely left his home in Mundarakht. He refused to leave after the Taliban took control of the village on 3 July, but eventually did so after being urged by his mother and others to flee for his own safety. However, as he walked alone to the ilok, he was captured by the Taliban, who killed him with a shot to the temple. Karim Bakhsh Karimi, 45, who had an undiagnosed mental health condition which caused him to act erratically, did not flee with the rest of the villagers. He was also shot, execution-style, in the head. A memorial poster of Ghulam Rasool Reza, 53, one of the nine ethnic Hazara men killed by the Taliban in Malistan district in Ghazni province in July 2021 ... credit Amnesty International Background The Taliban have seized power in Afghanistan following the collapse of the government in recent days. Amnesty International has called for the protection of thousands of Afghans at serious risk of Taliban reprisals, from academics and journalists to civil society activists and women human rights defenders. https://www.amnesty.org/en/latest/news/2021/08/afghanistan-taliban-responsible-for-brutal-massacre-of-hazara-men-new-investigation/ © 2021 Amnesty International

  • OPINION: Sudan: It’s High Time to Ratify the UN Convention Against Torture

    April 9th, 2018-Sudan signed the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) in 1986, but more than 30 years later, it is yet to ratify the Convention despite repeated government commitment to do so. In May 2016, during Sudan’s Universal Periodic Review at the UN Human Rights Council, the Sudanese government accepted for the second time, recommendations to ratify the Convention and strengthen efforts to prevent torture and other cruel, inhuman or degrading treatment or punishment (other ill-treatment). Sudan had previously accepted similar recommendations during its 2011 review. The government also stated that they were taking steps to effect the recommendation to ratify the Convention. Amnesty International welcomes these commitments and encourages Sudan to implement them. By ratifying the Convention against Torture, Sudan will join the vast majority of states – 162 – who are party to this Convention. Freedom from torture and other ill-treatment is a universally recognized human right. The absolute prohibition of torture and other ill-treatment is a rule of customary international law that is binding on all nations irrespective of whether or not they have signed the Convention, but the Convention provides useful content and detail to this general prohibition. The ratification of the Convention and its implementation in law, policy and practice would be a major step towards improving human rights within Sudan and enhancing Sudan’s reputation. Prohibition of torture and other cruel, inhuman or degrading treatment or punishment International human rights law prohibits torture and all other cruel, inhuman or degrading treatment or punishment in all circumstances. As noted above, the prohibition is a rule of customary international law binding on all states. Article 1(1) of the Convention against Torture defines torture as follows: “For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him[/her] or a third person information or a confession, punishing him/[her] for an act [s/he] or a third person has committed or is suspected of having committed, or intimidating or coercing him[/her] or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.” Sudan, by signing the Convention against Torture in 1986, has legally committed itself to refrain from acts that would “defeat the objects and purpose of [the] treaty”. Sudan is additionally bound by Article 5 of the African Charter on Human and Peoples' Rights and Article 7 of the International Covenant on Civil and Political Rights (ICCPR) , both of which prohibit torture and other ill-treatment in absolute terms. Article 10 of the ICCPR recognizes the right of all persons deprived of their liberty to humane treatment. Both Article 5 of the African Charter and Article 10 of the ICCPR provide for respect for the inherent dignity of human beings. The prohibition of torture and other ill-treatment is enshrined in Sudan’s Interim National Constitution (INC) of 2005. Article 33 of the Constitution provides that “No person shall be subjected to torture or to cruel, inhuman or degrading treatment.” This right cannot be suspended during times/[state] of emergency. Article 29 guarantees the right of every person’s right to liberty and security of person. Sudan’s government argues in its recent report to the Human Rights Committee, the expert body charged with overseeing the interpretation and implementation of the International Covenant on Civil and Political Rights (ICCPR), that Article 115 (2) of the Sudan’s 1991 Criminal Act provides a ‘precise’ definition of torture: “Anyone vested with public authority who induces, threatens or tortures a witness, suspect or party to a case to provide or withhold any information shall face a term of imprisonment of up to 3 months and/or a fine.” While Amnesty International welcomes the fact that torture is criminalised by this provision, Article 115(2) does not provide an adequate definition of torture, making it much narrower than the definition in Article 1(1) of the Convention against Torture mentioned above. Legal protection against torture in Sudan Under Articles 2 and 4 of the Convention Against Torture, state parties must criminalize torture effectively in domestic law. Other international treaties call for the criminalisation of other acts of ill-treatment. All complaints or reports of torture and other ill-treatment must be promptly, independently, impartially and effectively investigated. Where sufficient, admissible evidence exists, those suspected of committing the crime of torture or other acts of ill-treatment should be prosecuted in proceedings that meet international standards of fairness. Some Sudanese laws include language that prohibits torture including Article 115(2), of the 1991 Sudan’s Criminal Act mentioned above. Article 51 (3) of the National Security Act (NSA) 2010, states: “Persons who have been arrested, detained or imprisoned shall be treated in a manner that preserves their human dignity and they may not be subjected to any form of physical or mental abuse.” Article 4(d) of the 1991 Sudan’s Criminal Procedure Act also provides: “The person or property of suspects may not be violated. They may not be compelled to provide evidence against themselves or to swear an oath except in non-hudud cases that relate to private third-party rights.” According to Sudan’s report to the Human Rights Committee, “evidence extracted under torture is inadmissible in courts.” However, Sudanese law does not provide an absolute prohibition of the admissibility of such “evidence” as required, for instance, under Article 15 of the Convention against Torture. According to Article 20(2) of the Evidentiary Act: “Rulings in criminal cases are invalid if they arise from any form of inducement or coercion.” Article 10 (1) of the same Act provides: “With adherence to provisions of confession and the inadmissible evidence, the evidence will not be inadmissible just because it was obtained through incorrect procedure provided that the court is confident that it is independent and acceptable.” Article 10 (2) adds that, “the court may, when it consider it suitable for justice, to refrain from granting conviction on the basis of the evidence mentioned in part (1) unless it is corroborated by another evidence.” Some of these provisions are welcome, to the extent that they afford some protection from torture and other ill-treatment. However, this protection is not complete. Among other things, as already noted, there is no definition of torture in Sudanese law and its criminalisation is far too narrow. Further, Sudanese law also lacks clear provisions for prompt and impartial investigations into complaints. What undermines any attempt for redress by torture victims is NSA Act 2010 where agents are provided with protection from prosecution for any act committed in the course of their work, which has resulted in institutionalized impunity. Amending domestic laws According to Sudan’s report to the Human Rights Committee, the government is reviewing its Criminal Act of 1991, including provisions which allow flogging as a form of punishment. While this would be a step in the right direction, the report states that the punishment would be restricted “to three serious offences” rather than abolished completely, as required under international law. The current criminal code and the public order laws in Sudan, allow internationally banned corporal punishments including amputation and stoning, both of which invariably amount to torture, and flogging, which amounts to torture or other ill-treatment. For example, under Sudan’s Criminal Act of 1991, about 20 offences are punishable by flogging. These cover a wide array of acts, ranging from abetment, theft, “obscene and indecent” acts, to breach of public peace, and include acts that should not be criminalized at all such as consensual sexual relationships between men and women or between men. Those found guilty of any of the above offences would receive between 20 to 100 lashes. Sudan has justified corporal punishment, flogging in particular, according to its own interpretation of Shari’a law. Sudanese officials have justified flogging saying it was better for the victims to have been lashed rather than hold them in detention. REDRESS, an international organization that supports torture survivors to obtain justice, and the Sudanese Human Rights Monitor noted in their 2012 report that, “Corporal punishment therefore serves as a visible expression of state superiority and an instrument of repression.” Despite various recommendations to Sudan to abolish flogging and corporal punishment by the UN Human Rights Committee and ACHPR, flogging remains widely practised in Sudan, often on a daily basis, for a wide range of offenses, and following a summary trial, especially by the Public Order Courts. Flogging is also widely used in prisons across Sudan as a disciplinary measure. The death penalty is applicable to 15 offences, including, in some cases, death by stoning, which amounts to torture, but has never been applied. Theft and armed robbery, are punishable by amputation. According to Sudan’s report to the Human Rights Committee, this punishment [amputation] has never been meted out or applied. However, a judicial amputation was carried out on 14 February 2013 where doctors at Al-Rebat Hospital in Khartoum carried out cross-amputation (cutting off the right hand-left foot) on a 30-year-old man who was convicted of an armed robbery which took place in 2006. An ‘eye for an eye’ form of retributive punishment is included in Sudan’s Criminal Act for offenses causing serious bodily harm or injury. Torture and other ill-treatment in Sudan The Government of Sudan has repeatedly denied the existence of torture and describes any reports of such practices as fabrications or false reporting. These denials are not genuine but it is at least an indication of the government disapproval of torture and its desire not to be associated with allegations of torture. Sudan’s recent report to the Human Rights Committee, states that “During the reporting period no complaints of torture were received by any of the various national mechanisms, and no cases were brought before the courts.” This raises concern if victims and their families are forced into silence and may also be indicative of the absence of independent human rights monitoring groups. Amnesty International has received reports that victims who attempted using legal complaint mechanisms have not been successful or told by the NISS legal advisors that the “procedures [torture] are legally correct.” Since January 2018, Amnesty International has documented an intensified crackdown on opposition political activists in connection with sporadic protests over the rise of cost of living in Sudan. Hundreds were arrested and detained solely for peacefully exercising their right to freedom of expression and peaceful assembly. Many of those released reported that they had been subjected to torture or other ill-treatment while in detention. In January 2017, Amnesty International published a report which focused on violations of the human rights of students from Darfur since 2014. The report highlighted six cases of torture and other ill-treatment of Darfuri students by the National Intelligence and Security Service (NISS) agents. The report also highlighted the African Commission on Human and Peoples' Rights’ (ACHPR) decision on 13 February 2015 in the case of three Sudanese human rights defenders, Monim Elgak, Amir Suliman and the late Osman Hummaida, who were subjected to arbitrary arrest and detention, torture and other ill-treatment by the NISS in November 2008, including severe beatings, threats and sleep deprivation. The ACHPR found that Sudan had violated a number of Articles of the Charter, including Article 5, which prohibits, among other things, torture and other ill-treatment. The Commission called on Sudan to investigate and prosecute the security and intelligence officers alleged to be responsible for the arbitrary arrest, torture and other ill-treatment of the three human rights defenders. It gave the Government of Sudan 180 days to inform it of measures taken to implement its decision. Sudan has not responded to the ACHPR as of March 2018. In September 2017, Amnesty International published a briefing describing the treatment of opposition political party members, trade unions activists, human rights defenders and students who were arrested and detained between October 2016 and April 2017. Seven of them were subjected to torture while in detention, including severe beatings, exposure to extreme heat and cold, threats of death and rape, and humiliation. Amnesty International also documented cases of individuals at risk of torture in Sudan to draw attention to the continuing risk of torture. Other human rights organizations have also reported on practices of torture in Sudan. For example, the African Centre for Justice and Peace Studies’ (ACJPS) report on torture, published in May 2017, which covered the period from 2011 to 2015, presented the experience of nine victims of torture and stated that “The majority of the victims that were interviewed by ACJPS were subjected to torture while in detention. The detention is usually a result of arbitrary arrests that are carried out without arrest warrants targeted at political opposition party members, human rights defenders and activists. Many of these cases included torture of detainees from members of marginalised ethnic groups with perceived support to armed rebel movements. Torture was primarily used as a tool to extract information or confessions.” The report described a wide array of torture methods, including severe beatings, electrocution, rape, holding in painful position, and burning. None of the cases presented were investigated by the Sudanese authorities and none of the perpetrators prosecuted. Most of these acts of torture were allegedly committed by the NISS and other law enforcement agencies. The NISS in particular maintains broad powers of arrest and detention under the NSA Act, which allows suspects to be detained for up to four-and-a-half months without judicial review. NISS agents often use their broad powers of arrest and detention to arbitrarily arrest and detain individuals for long periods of time and subject them to torture and other ill-treatment. Under the NSA Act, NISS agents are provided with protection from prosecution for any act committed in the course of their work. This has resulted in a pervasive culture of impunity. The NISS powers were further expanded under an amendment to Article 151 of the Interim National Constitution of Sudan 2005, passed on 5 January 2015. It gave the NISS wide range of discretion to decide what constitutes a political, economic or social threat and how to respond to such threats. Under international law states have obligations to respect, protect and fulfill human rights. In practice this means that states must: Respect: by ensuring that state organs, officials and agents do not violate human rights themselves. Protect: by taking measures aimed at protecting individuals and groups against human rights abuses committed by state officials or agents, as well as by non-state (private) actors. Fulfill: by taking positive steps that enable people to receive the full benefits they are entitled to receive under these rights. Recommendations Amnesty International strongly reiterates its previous calls and urges Sudan to ratify the Convention against Torture without any further delay, in line with its acceptance of relevant recommendations during the Universal Periodic Review at the UN Human Rights Council. Amnesty International also recommends that the Sudanese authorities to: Adopt in full the definition of torture in Article 1(1) of the Convention against Torture in defining the crime of torture; Criminalise torture and other acts of ill-treatment and adopt other legislation and policy measures to ensure full compliance with the Convention against Torture; Amend the 1991 Criminal Act to remove all provisions that allow corporal punishment; Amend the National Security Act 2010 to effect institutional and behavioural reform of the NISS, remove its powers of arrest and detention, repeal provisions for arbitrary arrest and detention and establish a judicial oversight mechanism; Remove all immunities provided to members of the NISS under Article 52 of the National Security Act 2010; Provide for an absolute prohibition of refoulement; Refrain from subjecting the crime of torture to any statute of limitations; Provide for prompt, impartial, independent and effective investigations into all complaints and reports of torture and other acts of ill-treatment, be they from victims, witnesses, NGOs, officials or any other source; Prosecute those suspected of committing the crime of torture or other acts of ill-treatment in fair trials and without resort to the death penalty or corporal punishment; Ensure that inappropriate defences such as “necessity” or “Orders from superiors” do not apply; Ensure that amnesties and immunities from prosecution for torture and other acts of ill-treatment are not granted; Make provisions for universal jurisdiction to bring to justice anyone accused of responsibility for torture, regardless of the nationality of the person or where the torture occurred; Ensure that under no circumstances would any statement established to have been made as a result of torture be invoked as evidence in any proceedings; Ensure that penalties for torture and other acts of ill-treatment take into account their grave nature; Ensure all victims and their families have the right to an effective remedy, including full reparations for the harm suffered. © 2018 Relief Web

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