Pakistan: Zahir Jaffar conviction significant, but death penalty won’t end violence against women

In response to the conviction of Zahir Jaffar, the main accused in the gruesome murder of Noor Mukkadam in July 2021, Amnesty International’s South Asia campaigner Rimmel Mohydin said:

“The murder of Noor Mukkadam was a horrific crime and those responsible must receive punishment consistent with the gravity of the crime, but without resorting to the death penalty. Convictions have been dismally low for victims of gender-based violence in Pakistan, making today’s guilty verdict all the more significant. This conviction underscores the importance of ensuring that the criminal justice system responds effectively at all levels.  

“However, far-reaching procedural and institutional reform, and not the death penalty, is needed to tackle the endemic problem of violence against women in Pakistan – like everywhere else. If authorities want to take meaningful steps to ensure justice for women and girls, they must avoid using the death penalty as a ‘quick fix’ and commit to ensuring the criminal justice system prevents and responds to such crimes effectively at every stage.” 

Background

Noor Mukkadam, 27, was murdered and beheaded at the residence of Zahir Jaffar on 20 July 2021. Zahir, his parents and their staff members were arrested shortly after.  After a seven-month trial, a local court found Zahir guilty and sentenced him to death. The staff members, who were present at the scene of the crime, were given 10-year jail sentences. His parents, alleged to have aided Zahir with getting rid of the body, were acquitted.

The death penalty is the ultimate cruel, inhuman and degrading punishment. Amnesty opposes the death penalty in all cases without exception – regardless of who is accused, the nature or circumstances of the crime, guilt or innocence or method of execution.

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EU: Due diligence proposal ‘a missed opportunity’

Responding to the publication of the European Commission’s proposal for a Directive on corporate sustainability due diligence, Patrick Wilcken, Head of Business and Human Rights at Amnesty International said:

“The EU Commission’s decision to develop a directive marks a milestone on the road to greater corporate accountability across the EU. However, the narrow scope of the draft means that this is a missed opportunity, as in its current form only 1% of all EU companies would be required to check that their business complies with human rights and environmental standards.”

Patrick Wilcken, Head of Business and Human Rights at Amnesty International

The UN Guiding Principles on Business and Human Rights, on which this proposed legislation is modelled, explicitly states that due diligence responsibilities apply to “all business enterprises, both transnational and others, regardless of their size, sector, location, ownership and structure.” 

The proposal also threatens to restrict access to remedy for victims of corporate human rights abuses by allowing companies to shift their responsibilities on to business partners using contractual assurances.

The draft nevertheless represents an important first step towards establishing key principles in law: that companies must conduct human rights and environmental due diligence across their global value chains; and that they can be taken to court for harms resulting from a failure to meet these due diligence obligations.

“EU co-legislators must strengthen this proposal, extending it to as broad a range of businesses as possible and eliminating loopholes for avoiding liability. Only then will we see businesses across the EU held to account for the human rights and environmental impact of what they do.”

For more information or to arrange an interview, please contact:      

Alison Abrahams on alison.abrahams@amnesty.org or +32 483 680 812      

Out of hours contact details      

+44 20 7413 5566      

email: press@amnesty.org       

twitter: @amnestypress     

Background

The EU Commission proposal on corporate due diligence will only impact businesses with more than 500 employees and €50 million net turnover and companies in “high-impact” sectors with more than 250 employees and €40 million turnover. Small and medium-sized enterprises (SMEs) would be entirely excluded.

Amnesty International has joined calls for the EU to establish clear, robust and enforceable cross-sectoral requirements on business enterprises to respect human rights and the environment and to carry out due diligence.

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Russia/Ukraine: Amnesty International calls for respect for international humanitarian and human rights law as prospect for expanded armed conflict escalates

Responding to news that President Vladimir Putin has ordered “peacekeeping operations” to the so called “Donetsk People’s Republic” and “Luhansk People’s Republic” in eastern Ukraine, Agnès Callamard, Amnesty International’s Secretary General, said:

“After weeks of fruitless negotiations, the protection of civilians in Ukraine must now be the absolute priority. While the potential for full-blown conflict is now a devastating reality, every effort must be made to minimize civilian suffering and prioritise humanity in this crisis. It is a legal obligation of all parties to do so.

While the potential for full-blown conflict is now a devastating reality, every effort must be made to minimize civilian suffering and prioritise humanity in this crisis

Agnès Callamard, Amnesty International’s Secretary General

“We urge all parties to adhere strictly to international humanitarian and human rights law. They must ensure the protection of civilian lives and refrain from indiscriminate attacks and the use of prohibited weapons such as cluster munitions. We also call on all parties to allow and facilitate access of humanitarian agencies to provide assistance to civilians affected by hostilities.

“Amnesty International will be monitoring the situation closely to expose violations of international law by all parties.”

Background

Amnesty International has previously warned of the devastating human rights risks of further armed conflict between Russia and Ukraine, including threats to civilian lives, livelihoods and infrastructure, and potential acute food shortages and mass displacement. The organization has documented the severe human rights toll of the 2014-2015 conflict in eastern Ukraine, in which war crimes and crimes against humanity were committed.

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Colombia: Decriminalization of abortion is a triumph for human rights

The Colombian Constitutional Court’s ruling in favour of the decriminalization of abortion during the first 24 weeks of a pregnancy is a great triumph for human rights, said Amnesty International today.

“We celebrate this ruling as a historic victory for the women’s movement in Colombia that has fought for decades for the recognition of their rights. Women, girls and people able to bear children are the only ones who should make decisions about their bodies. Now, instead of punishing them, the Colombian authorities will have to recognize their autonomy over their bodies and their life plans,” said Erika Guevara-Rosas, Americas director at Amnesty International.

“Following the legalization of abortion in Argentina last year and the recent decriminalization in Mexico, this ruling is yet another example of the unstoppable momentum of the green tide in Latin America. We will not stop fighting until the sexual and reproductive rights of all women, girls and people able to bear children are recognized in the entire continent, without exception.”

The Constitutional Court approved the ruling to decriminalize abortion today during the first 24 weeks of pregnancy, with five votes in favour and four against. After 24 weeks, legal abortion will continue to only be permitted in cases of a risk to the life or health of the pregnant person; the existence of life-threatening fetal malformations; or when the pregnancy is the result of rape, incest or non-consensual artificial insemination.

We celebrate this ruling as a historic victory for the women’s movement in Colombia that has fought for decades for the recognition of their rights. Women, girls and people able to bear children are the only ones who should make decisions about their bodies

Erika Guevara-Rosas, Americas director at Amnesty International

“Although decriminalizing abortion in the first 24 weeks is a vital step forward for abortion rights in Colombia, and for Latin America and the Caribbean, no one should ever be criminalized for accessing an abortion. It’s vital that we keep pushing for full access to safe and legal abortion in all circumstances in Colombia and beyond,” added Erika Guevara-Rosas.

Despite being a fundamental right established by the Constitutional Court in Decree C-355 of 2006, access to abortion is currently unequal and limited in Colombia. It is estimated that currently in the country there are 400,400 abortions performed each year, and that less than 10% of these procedures are performed legally, with a high concentration of services in the biggest cities.

Legal abortion is not only much safer than clandestine abortion, but also the cost of its provision in Colombia, compared to care for incomplete abortion, is much lower when performed in top-level institutions, using the techniques recommended by the World Health Organisation.

The criminalization of abortion exacerbates inequalities between women. The vast majority of those reported for clandestine abortions in Colombia are those who live in rural areas and almost a third of them are survivors of domestic violence, sexual violence or personal injury. Therefore, instead of framework with greater guarantees of human rights, a framework of persecution against the most vulnerable women has prevailed.

Moreover, the criminalization of abortion has generated fear and stigma in health care providers, causing them to avoid providing the service of termination of pregnancy for fear of the social and legal consequences they may face. 

For more information or to arrange an interview, contact: Duncan Tucker: duncan.tucker@amnesty.org

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Russia: LGBTI siblings facing up to 8.5 years in a Chechen jail must be released

Ahead of Tuesday’s sentencing of Salekh Magamadov and Ismail Isaev, two Chechen siblings who face up to 8.5 years in prison after being falsely accused of “aiding illegal armed groups”, Marie Struthers, Amnesty International’s Eastern Europe and Central Asia Director, said:

“Salekh Magamadov and Ismail Isaev must be immediately and unconditionally released. They should never have been charged in the first place. Belonging to the LGBTI community in Chechnya — or anywhere else for that matter — is not a crime. Nobody should be detained for their sexual orientation or  gender identity or for criticizing the authorities. Their ordeal must end now.”

Belonging to the LGBTI community in Chechnya — or anywhere else for that matter — is not a crime

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

“These two siblings have faced a barrage of rights violations, including torture, at the hands of the Chechen authorities. Yet even amid such unrelenting repression, the federal Russian authorities stand by and do nothing. It is vital that Russia’s leaders finally start standing up for LGBTI rights. They can begin with the case of Salekh Magamadov and Ismail Isaev.”

Background

On 22 February, the Achkhoy-Martan District Court in Chechnya is expected to deliver its verdict in the case of Salekh Magamadov and Ismail Isaev, who are 21 and 19 years old respectively. One of the siblings is gay, the other is in the process of gender transitioning.

The siblings had previously moderated ‘Osal Nakh 95’, a youth-led Telegram channel that contained posts critical of the Chechen authorities. In August 2019, Ismail Isaev, 16 years old at the time, was abducted, held incommunicado, tortured and otherwise ill-treated, and made to “apologize” on camera for their alleged involvement with the channel.

On 4 February 2021, Salekh and Ismail were again abducted by Chechen police from a flat in Nizhny Novgorod that had been provided by LGBT Network, a Russian NGO.

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