Belarus: Disclose whereabouts of detained trade union leaders

Responding to the detention on Tuesday evening of 16 independent trade union leaders, at least seven of whom are being held incommunicado in an unknown location, Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia, said:

“The Belarusian authorities must immediately disclose the whereabouts of seven trade union leaders who were detained on Tuesday evening. Unless there is genuine evidence that they have committed internationally recognizable crimes, they must be immediately and unconditionally released. It is high time that the authorities end their crackdown on peaceful dissent.

“By detaining these trade union leaders, the Belarusian authorities continue their strategy of reducing the nation’s civil society to ashes. The independent trade unions have already been targeted during the state’s brutal crackdown on the protest movement that erupted following the disputed 2020 presidential election. Civic activism and defense of workers’ rights should be welcomed, not criminalized.”

By detaining these trade union leaders, the Belarusian authorities continue their strategy of reducing the nation’s civil society to ashes

Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia

Background

On 18 and 19 April, Belarusian state security officials searched the offices and homes of independent trade unions leaders, all of whom work with the Belarusian Congress of Democratic Trade Unions.

Sixteen people — Yana Malash, Vital Chychmarau, Hanna Dus, Alyaksandr Bukhvastau, Vasil Berasneu, Henadz Fyadynich, Alyaksandr Yarashuk, Siarhei Antusevich, Mikalai Sharakh, Alyaskandr Yeudakimchyk, Iryna But-Husaim, Mikhail Hromau, Vadzim Payvin, Yury Beliakou, Dmitry Baradko and Ihar Lednik — have been detained. According to the human rights group Viasna, four people are currently held in the KGB pre-trial detention centre, five more have been confirmed to be detained with no further details. The whereabouts of seven of them remain unknown.  

On 11 April, the independent Belarusian Radio and Electronic Industry Workers’ Union (REP) was arbitrarily declared an “extremist group” by the authorities, and subsequently banned.

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South Korea: Landmark judgement on same-sex sexual acts in military a huge victory for LGBTI rights

Responding to the Supreme Court of Korea reversing the convictions of two soldiers jailed in 2017 for engaging in consensual same-sex sexual acts while off duty, Amnesty International’s East Asia Researcher Boram Jang said: 

“This groundbreaking decision is an important triumph in the fight against discrimination faced by LGBTI people in South Korea.

“The criminalization of consensual same-sex sexual acts in South Korea’s military has long been a shocking violation of human rights, but today’s ruling should pave the way for military personnel to freely live their lives without the threat of prosecution.

“The South Korean government must now swiftly repeal Article 92-6 of the military code as the next step towards ending the pervasive stigmatization faced by LGBTI people in the country.”  

Background 

In a momentous en banc decision, the Supreme Court of Korea today reversed the lower court’s convictions of two soldiers under Article 92-6 of the country’s Military Criminal Act, which punishes consensual sexual acts between men in the military with up to two years imprisonment under an “indecent acts” clause.  

The two soldiers were sentenced respectively to three months and four months (plus one year probation) in prison in 2017, when military authorities pursued an investigation to identify and punish soldiers suspected of having sex with men. More than 20 soldiers were charged under Article 92-6 of the Military Criminal Act for allegedly engaging in consensual same-sex sexual acts as a result.  

The Court reasoned that if same-sex sexual acts took place off base, while the soldiers were off duty and by mutual consent, the Act does not apply. It further reasoned that criminalization of these acts would unreasonably violate soldiers’ right to sexual autonomy and deny their rights to non-discrimination, equality and dignity, as well as their right to pursue happiness guaranteed in the Constitution. 

Today’s decision also reversed the Supreme Court’s own precedents which confirmed convictions of consensual sexual acts between men without examining whether the acts took place on or off duty and whether the acts were mutually consented. 

South Korea’s Constitutional Court is currently considering, for a fourth time, whether the criminalization of consensual same-sex sexual activity by military personnel is constitutional, having ruled three times since 2002 that it is. 

The Amnesty International report Serving in Silence: LGBTI People in South Korea’s Military revealed the destructive impact on LGBTI (Lesbian, Gay, Bisexual, Transgender and Intersex) people caused by the criminalization of consensual same-sex activity in South Korea’s military.

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UK: Certifying Assange’s extradition puts him at great risk and “would pose grave threat to press freedom”

If the UK Home Secretary certifies the US request to extradite Julian Assange, it will violate the prohibition against torture and set an alarming precedent for publishers and journalists around the world, Amnesty International said today following the UK Magistrates’ Court’s decision to issue an order to extradite him.

The case will now be sent to UK Home Secretary Priti Patel, who will decide whether or not to certify the US request by 18 May.

“The UK has an obligation not to send any person to a place where their life or safety is at risk and the government must not abdicate that responsibility. The US authorities have flatly stated that they will change the terms of Assange’s imprisonment in a federal facility whenever they see fit. This admission places Julian Assange at great risk of prison conditions that could result in irreversible harm to his physical and psychological well-being,” said Agnes Callamard, Amnesty International’s Secretary General.

“The extradition of Julian Assange would also be devastating for press freedom and for the public, who have a right to know what their governments are doing in their name,”

“Publishing information that is in the public interest is a cornerstone of media freedom. Extraditing Julian Assange to face allegations of espionage for publishing classified information would set a dangerous precedent and leave journalists everywhere looking over their shoulders.”

Prolonged solitary confinement is a regular occurrence in the USA’s maximum security prisons. The practice amounts to torture or other ill treatment, which is prohibited under international law. The assurances of fair treatment offered by the USA in the Assange case are deeply flawed and could be revoked at any time.

Extradition to the USA would put Julian Assange at risk of serious human rights violations, and hollow diplomatic assurances cannot protect him from such abuse.
If the UK government allows a foreign country to exercise extraterritorial criminal jurisdiction to prosecute a person publishing from the UK, other governments could use the same legal apparatus to imprison journalists and silence the press far beyond the borders of their own countries.

“The charges against Assange should never have been brought in the first place. It is not too late for the US authorities to set things right and drop the charges,” said Agnes Callamard.

“In the meantime, given the politically motivated nature of the case and its grave implications for freedom of expression, the UK should refrain from representing the USA in any further appeals.”

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CAR: First-ever SCC trial ensures alleged war criminals face justice

Responding to the opening of the first trial before the Special Criminal Court (SCC) in the Central African Republic (CAR), Abdoulaye Diarra, Amnesty International’s Central Africa researcher, said:

“The opening of the first trial before the SCC is a long-awaited day and a moment of truth for many people in CAR. For too long, victims of war crimes and crimes against humanity have been made to wait for justice and reparations. The court must now ensure that Issa Sallet Adoum, Yaouba Ousman and Mahamat Tahir are tried according to fair trial standards.

“We also call on the CAR authorities and MINUSCA to step up their efforts to arrest other individuals wanted for crimes under international law by the SCC. Today’s hearing must be the first in a series of trials by the court. Alleged war criminals in positions of greater authority must also face justice for the atrocities committed in CAR.”

Background

On 19 April 2022, the SCC opened a trial against Issa Sallet Adoum, Yaouba Ousman and Mahamat Tahir over war crimes and crimes against humanity committed during attacks in the villages of Koundjili and Lemouna in May 2019, in which dozens of civilians were killed.

The SCC is a UN-backed hybrid court that was established in 2015 and began functioning in 2018. It has a mandate to investigate and prosecute crimes under international law committed in CAR since 2003.

In a December 2021 report, ‘One step forward, two steps back’, Amnesty International detailed how the delays in executing arrest warrants represent one of the biggest obstacles to the implementation of the SCC’s mandate.

In October 2020, the organization also highlighted a lack of transparency at the SCC and concerns surrounding the fair trial rights of suspects.

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Libya: The LAAF is ‘brutally crushing’ freedom of expression and peaceful assembly

The Internal Security Agency (ISA), a collection of powerful armed groups operating in areas under the control of the Libyan Arab Armed Forces (LAAF), is arbitrarily detaining at least nine peaceful protesters and a journalist incommunicado after they participated in a demonstration in Sirte, Amnesty International said today.

On 19 March, around 30 people took part in the protest in Sirte, which called on the international community and local authorities to provide compensation for victims of the 2011 NATO airstrikes. Examination of three videos of the protest and eyewitness testimony indicate that the protest was peaceful. Within the next week, one journalist and at least 10 protesters were seized by armed men.

“The arbitrary detention of these peaceful protesters for demanding justice and reparation in connection to the 2011 armed conflict shows just how intolerant LAAF and affiliated armed groups are of any independent activism, even if not critical of their rule. The LAAF must immediately ensure the release of all those detained simply for exercising their rights to peaceful assembly and expression,” said Diana Eltahawy, Deputy Director for the Middle East and North Africa at Amnesty International. 

“The LAAF and its affiliated armed groups have tightened their grip over territory under their control. In the past few years, suspected opponents and critics have either been gunned down in the street, forcibly disappeared or are languishing in jail. Yet, ISA in eastern Libya continues to be on the government payroll, instead of being held to account.”

On the night of the protest and throughout the following week, armed men affiliated with the ISA arrested 10 members of the Gadadfa tribe, who make up the majority of the population of Sirte, the hometown of Libya’s former ruler Mu’ammar al-Gaddafi, for participating in the demonstration, before detaining them at an undisclosed location, according to eyewitnesses and relatives of detainees.

Sources told Amnesty International how ISA armed men seized men from homes and public places, in some cases covering their heads, beating them and taking them to unmarked cars. The ISA released one detainee a few days after the protest, citing health reasons.

Ali al-Refawi, a reporter who was covering the protest for Libyan TV channel 218, is among those currently detained. He was arrested by armed men on 26 March and taken to an undisclosed location.

The ISA also summoned and questioned other protesters, including women, over their involvement in the protest. A member of the Gadadfa tribe said the ISA told him they had received orders from the LAAF to crack down on the protest.

This is the third wave of arrests against residents of Sirte since the LAAF takeover in 2020. In November 2021, the ISA arrested at least 13 men over their alleged participation in a protest in support of Saif al-Islam al-Gaddafi’s candidacy in the now indefinitely postponed presidential elections. They were released on 19 November. In January 2020, the LAAF arrested several protesters following demonstrations against LAAF commander Khalifa Heftar.

The arbitrary detention of these peaceful protesters for demanding justice and reparation in connection to the 2011 armed conflict shows just how intolerant LAAF and affiliated armed groups are of any independent activism, even if not critical of their rule.

Diana Eltahawy, Amnesty International

Sirte residents also voiced concerns to Amnesty International about reprisals from the ISA for speaking to international organizations. Others refused to speak, citing surveillance fears.

On 20 February 2022, an Amnesty International delegation visited Sirte. Mokhtar al-Ma’dani, the mayor of Sirte, flanked by several plainclothes ISA and other Libyan intelligence agents, told the organization’s delegates shorty after their arrival that local authorities would not allow them to meet with or speak to residents in private. For the entire duration of the delegation’s visit, they were accompanied by numerous plainclothes members of the ISA and intelligence agents, who harassed them and prevented them from speaking to anyone privately.

The UN Fact-Finding Mission on Libya, established by the Human Rights Council to investigate violations of international humanitarian and human rights law committed in Libya since 2016, released its second report on 28 March 2022, which outlined a litany of human rights abuses committed across the country with impunity, including restrictions on freedom of assembly and expression, citing the arrests in Sirte.

“The reality in Sirte offers just a frightening glimpse of life under LAAF and affiliated armed groups, which have brutally crushed the rights to freedom of expression, association and peaceful assembly, and silenced all dissenting voices. The international community must extend the UN’s Fact-Finding Mission beyond June 2022 so it can continue to investigate such abuses,” said Diana Eltahawy.

Background

Since the uprising against former leader Mu’ammar al-Gaddafi in 2011, Sirte has witnessed multiple armed conflicts including against the so-called Islamic State armed group.

The LAAF and affiliated armed groups took control of Sirte in January 2020 and have since exercised effective control over the city.  

A separate entity also named ISA, led by Lotfi al-Hararinominally under the authority of the Government of National Unity (GNU) Prime Minister, operates in western Libya.

After the Libyan authorities failed to organize elections in December 2021, Libya’s parliament voted on 1 March to bring in a new government led by Fathi Bashagha, amid controversies surrounding the voting process. However, the Tripoli-based GNU Prime Minister, Abdelhamid al-Debibah, remains in office and promised to organize elections in 2022.

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