Kategorie: Humans

European Union institutions are failing to end the rampant human rights violations committed with spyware, Amnesty International said today, after the organization independently confirmed new attacks using Pegasus spyware against prominent Catalans.

New research by the Citizen Lab has revealed how scores of Catalan politicians, journalists and their families were targeted with NSO Group’s Pegasus spyware between 2015 and 2020. Technical experts from Amnesty International’s Security Lab have independently verified evidence of the attacks.

The Spanish government needs to come clean over whether or not it is a customer of NSO Group. It must also conduct  a thorough, independent investigation into the use of Pegasus spyware against the Catalans identified in this investigation.

Likhita Banerji, Amnesty International’s Technology and Human Rights Researcher.

Confirmed targets include Elisenda Paluzie and Sònia Urpí Garcia, who work with the Assemblea Nacional Catalana, an organization that seeks the political independence of Catalonia from Spain. Elisenda Paluzie is the current president of the group.

Catalan journalist Meritxell Bonet’s phone was also hacked in June 2019. She was targeted in the final days of a Supreme Court case against her husband Jordi Cuixart, an activist and former president of Catalan association Òmnium Cultural, who was sentenced on a charge of “sedition”.

Politician, university professor and Catalan activist Jordi Sànchez was extensively and persistently targeted with Pegasus from as early as September 2015 until July 2020.  Between 2015 and 2017, he was president of the Assemblea Nacional Catalana. His phone was successfully compromised with Pegasus on 13 October 2017, days before his arrest by Spanish authorities on a charge of “sedition”.

In October 2020, Amnesty International Spain wrote to the Spanish government asking it to disclose information on all contracts with private digital surveillance companies which was not disclosed. Amnesty International Spain also later approached the Spanish Ministry of Defense, requesting information on Pegasus use from the National Intelligence Center. They responded stating that such information falls under classified subjects. NSO states that it only sells to governments and that its tools are meant to be used to combat serious organized crime and terrorism.

“The Spanish government needs to come clean over whether or not it is a customer of NSO Group. It must also conduct  a thorough, independent investigation into the use of Pegasus spyware against the Catalans identified in this investigation,” said Likhita Banerji, Amnesty International’s Technology and Human Rights Researcher.

Amnesty International’s Security Lab peer reviewed forensic evidence from a sample of individuals first identified in the Citizen Lab investigation, and found evidence of Pegasus targeting and infection in all cases.

European Parliamentary Committee of Inquiry first meeting

The revelations come as a European Parliamentary Committee of Inquiry is set to hold its first meeting on Tuesday (19 April) into breaches of EU law associated with the use of Pegasus and equivalent spyware – a direct result of the Pegasus Project revelations in July 2021. Last week, Reuters reported that senior EU figures had been targeted with NSO Group’s Pegasus.

“We urge the European Parliament Committee of Inquiry to leave no stone unturned when documenting the human rights violations enabled by unlawful spyware, including by investigating these new revelations,” said Likhita Banerji.

“Governments around the globe have not done enough to investigate or stop human rights violations caused by invasive spyware like Pegasus. The use, sale and transfer of this surveillance technology must be temporarily halted to prevent further abuses of human rights.”

Amnesty International, alongside other civil society organisations, has previously documented the widespread and unlawful use of spyware against activists, politicians and journalists around the globe, including as part of the Pegasus Project.

In Europe, activists, journalists and other members of civil society have been unlawfully targeted in Belgium, France, Greece, Hungary, Poland, Spain and the United Kingdom.  

NSO Group has not taken adequate action to stop the use of its tools for unlawful targeted surveillance of activists and journalists, despite the fact that it either knew, or arguably ought to have known, that this was taking place. NSO Group must immediately shut down clients’ systems where there is credible evidence of misuse of its tools.

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The Egyptian authorities must ensure that the investigation into the suspicious death in custody of 48-year old Ayman Hudhud, an economist and member of the Reform and Development Party, who died at a psychiatric hospital following his enforced disappearance on 5 February, is independent, impartial and effective, Amnesty International.

A new investigation by Amnesty International, based on an examination of official records, interviews with witnesses and sources as well as analysis from independent forensic experts who examined leaked photos of Hudhud’s corpse, strongly suggests that Ayman Hudhud was tortured or otherwise ill-treated before his death.

The authorities did not notify Ayman Hudhud’s family of his death or order an autopsy until 9 and 11 April respectively, even though, according to his death certificate, he died on 5 March. Both the prosecution and the ministry of interior have denied any responsibility while also sharing contradictory, implausible explanations of the causes and circumstances of his death.

“Ayman Hudhud’s family deserves answers. Why did the authorities detain him and then deny having him in custody, when he had in fact died over a month earlier in suspicious circumstances? These questions point to acts of torture and enforced disappearance, which the authorities must respond to,” said Lynn Maalouf, Deputy Director for the Middle East and North Africa at Amnesty International.

“Following any death in custody, there is a presumption of state responsibility in arbitrary deprivation of life. As the authorities subjected Ayman Hudhud to enforced disappearance, possible torture and other ill-treatment, and concealed his death from his family for a month, this concern is greatly heightened. It is shameful that, instead of carrying out an effective investigation into the causes and circumstances of his death, the authorities continue questioning Ayman Hudhud’s mental health.”

Amnesty International interviewed 8 people with direct knowledge of the situation, including Hudhud’s friends and relatives, as well as sources at the Abassiya psychiatric hospital where he died. The organization also reviewed his death certificate and burial license, analysed official statements, and had photos of his corpse reviewed by independent forensic experts.

After Hudhud’s death, Abassiya Hospital’s management warned its staff against speaking about the case and threatened to refer them to Egypt’s National Security Agency (NSA) if they did so.

Enforced disappearance

Hudhud’s family lost contact with him on the evening of 5 February. Three days later, NSA officers summoned one of his brothers for questioning about Hudhud’s work, political tendencies, and activities, and confirmed that they were holding him at Amiriya police station in Cairo but did not allow any family members to meet him.

The family tried to visit him at the police station a few days later, but police officers denied having him in custody and told them not to come again.

Ayman Hudhud’s family deserves answers. Why did the authorities detain him and then deny having him in custody, when he had in fact died over a month earlier in suspicious circumstances?

Lynn Maalouf, Amnesty International

Amnesty International learned from a source at Abassiya Hospital that Hudhud was transferred to the facility on 14 February. His relatives informally learned of his transfer on 18 February and repeatedly attempted to visit him, but hospital staff either denied having him on the premises or demanded to see a letter of approval from the prosecution.

On 23 February, an individual mediating between the family and security agents met with the Abassiya hospital director, who confirmed that Hudhud had been under observation in the forensic medicine department for 45 days. According to his friends and family, the hospital director rejected requests to see him saying the department was under the control of the NSA.

The forensic medicine department is formally supervised by the National Council of Mental Health, but according to two sources at Abassiya psychiatric hospital, the department essentially functions as a detention facility controlled by the Ministry of Interior, where people are not allowed to move freely and are at great risk of torture and other ill-treatment by security officers.

On 4 April, one of Hudhud’s friends received a call from a staff member at Abassiya Hospital, who confirmed that Hudhud had died a month ago. Five days later, a police officer informed Hudhud’s brother of his death and asked him to collect the body.

When the family requested to see a burial permit, the prosecutor told them that a charity cemetery, which is used to bury unidentified individuals or those whose bodies are not claimed by relatives, had already issued one.

Cause of death: unknown

The public prosecution formally announced that they had opened an investigation on 12 April, stating that the death was “not suspicious” and noting that Hudhud may have contracted Covid.  

It was only after a public outcry following leaked news of his death that prosecutors finally ordered an autopsy on 11 April. Following an examination, prosecutors claimed on 12 April that they found no injuries on Hudhud’s body stating “sharp drop in blood pressure and cardiac arrest” as the cause of death. Hudhud’s family has not received the autopsy report.

Derrick Pounder, an independent forensic pathologist who examined photos of Hudhud’s corpse after the autopsy, told Amnesty International that the pictures show marks on his forearms and the left side of his face that strongly suggest that he suffered repeated injuries before his death. The marks, he said, cannot be explained by the natural processes which occur as bodies decay, and represent injuries. He added that the distribution of the marks “strongly suggests repeated systematic infliction in life, that is to say, ill-treatment/torture,” most likely caused by burns rather than blows. Pounder also noted the difference between the autopsy scars and the injuries inflicted on his body prior to his death.

Pounder’s analysis correlates with the testimonies of two eyewitnesses, who each said they noticed injuries on his face and head at the hospital mortuary on 10 April — before the autopsy was carried out.

Contradictory explanations

Both the Ministry of Interior and the prosecution have denied any wrongdoing by state officials and pointed to Hudhud’s mental health and accused him of breaking into an apartment.

A 10 April Ministry of Interior statement and 12 April statement by the prosecution both claimed that a doorman in Cairo’s Zamalek neighbourhood had prevented Hudhud from breaking into an apartment on 6 February. The Ministry of Interior said Hudhud “initiated irresponsible behaviour”, while the prosecution said he suffered from “schizophrenia … poor concentration and attention, persecutory delusions, delusions of grandeur, and was raving incomprehensibly.” The prosecution statement acknowledged ordering Hudhud’s referral to a psychiatric hospital on 7 February, despite the fact that police officers at the psychiatric hospital had consistently denied his detention to his family until 23 February.

The family said that both the prosecution and the Ministry of Interior’s statements contradict an account from a police officer at the hospital, who had said Hudhud was detained for “attempting to steal a car”.

Although Hudhud’s friends and family acknowledge that Ayman had suffered from stress and financial anxiety before his arrest, they fear the authorities are using these concerns to cover up his death in custody. According to the family’s lawyer, prosecutors repeatedly probed Hudhud’s brother about his sibling’s mental health when they questioned him on 12 April.

Ayman had regularly posted content on his social media accounts that criticized the authorities’ economic policies.

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Responding to the news that Russian authorities have detained an editor-in-chief and a founder of local newspaper from the Russian Republics of Altay and Khakassia after they published content critical of the war in Ukraine, Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia, said:

“The Russian authorities’ crackdown on independent media is escalating at breakneck speed. Evidently unsatisfied with merely blocking critical news sites or forcing reporters into exile, the Kremlin now seeks to incarcerate journalists who report on anti-war protests or Russian soldiers who refuse to fight in Ukraine.

Evidently unsatisfied with merely blocking critical news sites or forcing reporters into exile, the Kremlin now seeks to incarcerate journalists who report on anti-war protests or Russian soldiers who refuse to fight in Ukraine

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

“Mikhail Afanasyev and Sergei Mikhaylov, along with all others arrested merely for reporting on the Russian army, must be immediately and unconditionally released. We call on the Russian authorities to repeal the notorious Article 207.3 of the Criminal Code and end their crackdown on freedom of expression and press freedom.”

Background

On 13 April, Russian security forces arrested Mikhail Afanasyev, the editor-in-chief of online journal Novy Fokus, in Abakan, Republic of Khakassia. The same day, police arrested Sergei Mikhaylov, the founder of LIStok, a newspaper based in Gorno-Altaysk, Republic of Altay. Mikhaylov was arrested in Moscow before being transferred back to Altay, where a court will decide on his pre-trial detention.

Both are accused of disseminating “knowingly false information about the Russian Armed Forces”. If convicted, they could be imprisoned for up to 10 years.  

On 4 April, Novy Fokus reported that 11 riot police from Khakassia had refused to go to war in Ukraine. On 13 April, Russian authorities arrested Afanasyev and searched his home, seizing his computers and other digital equipment.

On 14 April, LIStok was ordered to pay 300,000 rubles — around $4,000 — for “calling for sanctions against Russia”. On the day of Mikhaylov’s arrest, the authorities also searched LIStok’s offices and the home of its editor-in-chief. The newspaper’s website has been blocked since March for promoting anti-war events.

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AMNESTY INTERNATIONAL INDIA

QUOTE

Responding to reports of demolition of largely Muslim-owned shops and houses following incidents of communal violence during Ram Navami celebrations in Madhya Pradesh’s Khargone district, Aakar Patel, Chair of Amnesty International India’s board, said:

“Over the last few days, the country has witnessed some deeply disturbing events related to anti-Muslim attacks and hate speech. On top of it, the authorities’ unlawful action of demolishing private property of people suspected of rioting, allegedly without notice or other due process requirements is a major blow to the rule of law. The majority of the demolished properties are owned by Muslims. Such punitive demolition of family homes of suspects could also amount to collective punishment, in violation of International Human Rights Law.

Such punitive demolition of family homes of suspects could also amount to collective punishment, in violation of International Human Rights Law.

Aakar Patel, Chair of Amnesty International India’s board

“The authorities must urgently carry out a thorough, impartial and transparent investigation into the demolitions and ensure that those responsible for fanning violence and vandalism are brought to justice through fair trials. Victims must be provided with effective remedy. It is the duty of the state to protect all people within its jurisdiction, including minority communities.”

Background:

On April 11, a curfew was enforced in Khargone City in Madhya Pradesh after provocative slogans were allegedly raised near a mosque during Ram Navami celebrations, which led to a riot, stone pelting and violence.

In response, State Chief Minister Shivraj Singh Chouhan told media that the rioters had been identified and said the action taken against them “will not only be limited to arrests, the damages will be recovered from (their) private or public property.”

Less than 24 hours later, local authorities demolished the properties and homes of those who were allegedly involved in the violence, most of whom hail from economically disadvantaged Muslim families.

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NEWSFLASH

Amnesty International has received credible information that Buheliqiemu Abula and her teenage daughter, 13, were made to take tests for Covid-19 today in preparations for their deportation to China. The police told them that they should be prepared to leave the deportation center at 9 pm local time today to board a flight bound for Guangzhou, China.

“Saudi authorities must immediately halt all plans to deport the four Uyghurs – including a 13-year-old girl and her mother – who are at grave risk of being taken to repressive internment camps if sent back to China,” said Lynn Maalouf, Amnesty International’s Deputy Regional Director for the Middle East and North Africa.

“Forcibly returning these four Uyghur people would be an unconscionable violation of Saudi Arabia’s obligations under international law. The Saudi authorities must not even think about sending them to China, where they will be subjected to arbitrary detention, persecution and possibly to torture.” 

The world has to react immediately now and stop this deportation in a matter of hours to save the four Uyghurs from this catastrophic deportation

Lynn Maalouf, Amnesty International’s Deputy Regional Director for the Middle East and North Africa

“The world has to react immediately now and stop this deportation in a matter of hours to save the four Uyghurs from this catastrophic deportation. It is crucial that all governments with diplomatic ties to Saudi Arabia step in now to urge the Riyadh authorities to uphold their obligations and stop the deportations.”

Under the customary international law principle of non-refoulement and as a State Party to the UN Convention against Torture, Saudi Arabia is obliged not to return anyone to a country where they would face a real risk of torture or other cruel, inhuman or degrading treatment or punishment, persecution or other serious human rights violations.

Background

In June 2021, Amnesty International published a report revealing how hundreds of thousands of Muslim men and women in China’s Xinjiang Uyghur Autonomous Region are being subjected to arbitrary mass detention, indoctrination and torture.

Earlier the same year, another piece of Amnesty research described how the children of internment camp detainees are often sent to state-run “orphan camps” where they face indoctrination and are cut off from their parents.  

• See also, previous press release : https://www.amnesty.org/en/latest/news/2022/04/saudi-arabia-uyghur-girl-13-among-four-facing-deportation-and-torture-in-china/

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