Kategorie: Humans

Today the sentencing court in Trujillo, in the department of Colón, northern Honduras, found six of the eight prisoners of conscience known as the “Guapinol eight”, José Daniel Márquez, Kelvin Alejandro Romero, José Abelino Cedillo, Porfirio Sorto Cedillo, Ewer Alexander Cedillo, Orbin Nahún Hernández, guilty of the crimes of illegal deprivation of liberty and aggravated damages against the contractor of the company Inversiones Los Pinares (ILP), and simple and aggravated damages against ILP. The sentences will be determined on 21 February. The other defendants Arnol Javier Alemán and Jeremías Martínez Díaz were acquitted and should be released immediately. 

“This verdict is outrageous and goes against Honduras’ obligations to guarantee the right to defend human rights. It must be overturned immediately. We will not stop demanding this of the authorities until all of the Guapinol defenders are immediately and unconditionally released,” said Erika Guevara-Rosas, Americas director at Amnesty International.  

The Honduran authorities must stop using the justice system to criminalize, intimidate and harass human rights defenders

Erika Guevara-Rosas, Americas director at Amnesty International

“It’s extremely serious that, despite the lack of diligence in the investigations by the Public Prosecutor’s Office, six of the Guapinol prisoners of conscience are facing prison sentences. The defenders are victims of arbitrary detention and unfounded criminal prosecution, stemming solely from their legitimate work defending the right to water and a healthy environment in Honduras.” 

“The Honduran authorities must stop using the justice system to criminalize, intimidate and harass human rights defenders.” 

Further information 

Amnesty International recognized the eight defenders as prisoners of conscience after reviewing the available evidence, including the criminal proceedings against the Guapinol eight and videos related to the case, and having spoken to witnesses as well as the Honduran human rights community.   

The organization sent a letter to the Honduran Attorney General after the trial began on 1 December 2021, expressing concern about serious irregularities in the investigation and prosecution of the Guapinol eight. Amnesty International believes that the eight prisoners of conscience were detained solely for their work defending the right to clean water and a healthy environment, and that the criminal charges against them, as well as their prolonged pre-trial detention, are unjustified and constitute a misuse of the justice system.  

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

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In the past month alone, the Algerian authorities have suspended one political party and threatened two additional ones with a similar fate, Amnesty International said today. They have also sentenced one leader of a political party to two years in prison for expressing his opinions against repression in the country, bringing the total number of those currently detained as of 25 January for the exercise of their rights to peaceful protest and freedom of expression to at least 251.

The Algerian government claimed the three parties had breached the law by organizing “unauthorized gatherings” and holding their congresses later than expected.  All three parties are vocal critics of the government, have boycotted presidential, legislative and local elections and have played an active role in the Hirak, a mass protest movement calling for political change in the country since 2019. 

“The Algerian authorities remain hellbent on maintaining power and are seeking to crush their opponents by trampling on their rights to freedom of assembly, association and expression. There is absolutely no justification for the prosecution of political activists and shuttering of opposition political parties,” said Amna Guellali, Amnesty International’s Deputy Director for the Middle East and North Africa.

“Algeria must end its unrelenting crackdown on all forms of dissent. Both international human rights law and the Algerian constitution guarantee the rights to freedom of expression and peaceful assembly for political parties. The authorities must immediately cease their attacks on Algerians’ fundamental freedoms.”

Suspension or threats to dissolve political parties

On 20 January 2022, Algeria’s State Council ordered the “temporary” suspension of the Socialist Workers’ Party (Parti Socialiste des Travailleurs), forcing it to cease all activities and close its premises. If it refuses to comply with the order, the Ministry of Interior can submit a request for dissolution to the State Council. The decision was based on Law No. 12-04 on Political Parties, which gives overbroad powers to the Ministry of Interior by allowing them to request that the state dissolves political parties that violate their legal obligations. 

On the same day, the State Council dismissed another request from the Ministry of Interior to suspend the Union for Change and Progress (Union pour le Changement et le Progrès). The party is awaiting a judgment on the merits of the case.

In April 2021, the Ministry of Interior requested both parties to ensure that they followed Law No. 12-04 by asking them to hold their congresses. Both parties submitted the required documents and notified the ministry but received no response. Despite this, the authorities proceeded with the request for suspension.

Algeria must end its unrelenting crackdown on all forms of dissent.

Amna Guellali, Amnesty International

On 6 January 2022, the Ministry of Interior sent a formal notice asking the Rally for Culture and Democracy (RCD), a prominent Algerian opposition party, to conform with Law No. 12-04 on Political Parties. The ministry said a gathering held at the party’s headquarters on 24 December did not align with the party’s objectives and was not authorized by the authorities. The meeting explored the ongoing repression of political activism in Algeria.

International human rights law protects the right to freedom of association, which includes the right to form political parties. No restrictions may be placed on the exercise of this right other than those that are prescribed by law and are necessary in a democratic society in the interests of national security or public safety. Organizing meetings to discuss the political situation or to voice critical opinions should never lead to the suspension or dissolution of a political party.

Prosecuting leaders and members of political parties

On 9 January, a judge in the tribunal of Bab El Oued in Algiers sentenced Fethi Ghares, the leader of the Democratic and Social Movement (Mouvement démocratique et social), to two years in prison and a fine of 200,000 Algerian dinars (1,420 dollars) for exercising his right to freedom of expression.

Ghares was charged with “inciting an unarmed gathering”, “offending public bodies” and publishing information that “harm the national interest” after he criticized the authorities on social media and during a meeting in the party’s headquarters in June 2021. His wife, Messaouda Cheballah, told Amnesty International that the police searched their house and seized political documents, a computer and photos of detained Hirak protestors on 30 June, the day Ghares was arrested. He is now being held in El Harrach Prison in Algiers, where he is awaiting a date for his appeal trial.

Ghares is the second member of the MDS to be unlawfully detained simply for exercising his right to freedom of expression and assembly.

On 14 May 2021, Ouahid Benhallah was arrested on his way to a Hirak protest. Two days later, he was sentenced to one year in prison on five penal code charges, including “inciting an unarmed gathering” and “endangering the lives of others”. He was released three months later after the Appeal Court reduced his sentence to a fine of 60.000 Algerian dinars (427 dollars).

The Algerian authorities have prosecuted at least 60 members of the RCD, including former parliamentarians and locally elected representatives. Four remain in detention. 

Background

Since the start of the Hirak, the authorities have arrested, prosecuted and detained hundreds of peaceful protesters and activists who expressed their views either online or offline. 

On 13 October 2021, the authorities shut down a well-known civil society organization, the Youth Action Rally (Rassemblement Actions Jeunesse), on bogus accusations of carrying out activities that do not match its status.

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At least one child has been killed and three injured by the Asayish, the Syrian Kurdish Autonomous Administration’s police force, who opened fire in al-Hol camp yesterday, Amnesty International has confirmed. Three women were injured as well.

The Asayish, which controls the sprawling camp in Syria’s north-east and keeps it closed off to outsiders, has for unclear reasons opened fire on women and children inside the Annex, a section in the camp which hosts all women and children from third countries (other than Iraq), according to individuals with knowledge of the situation in the camp. 

“The death of a child in al-Hol sends a chilling reminder to the world of the harrowing conditions in which tens of thousands of children have been living for years. Shameful international inaction towards the fate of these children has consequences. In this case it has resulted in children being shot,” said Amnesty International’s Syria researcher, Diana Semaan.

“States with nationals in al-Hol must take meaningful action to end the horrors at the camp and repatriate the tens of thousands of children living there. Governments must stop ignoring their international human rights obligations and take all measures to uphold the right of every child to life, survival and development.” 

Amnesty International calls on the Autonomous Administration to launch a prompt and effective investigation into the shooting incident, release all children arbitrarily detained and end the practice of separating children from their mothers and caregivers. The international community must support the Autonomous Administration in protecting the lives and rights of children in al-Hol camp and ensure that Syrian children, their mothers and caregivers are able to return to safety.

Background

Since 2019 when the conflict with the armed group Islamic State (IS) in Syria ended, around 60,000 Syrians, Iraqis and third-country nationals, mostly women and children, have been detained in al-Hol camp without access to due process, according to the UN Office of the High Commissioner for Human Rights. The camp houses individuals with varying degrees of affiliation with IS, but also thousands of individuals with no association at all who flocked to the camp fleeing the conflict.

Over the past two years, children in al-Hol camp have been living in horrific conditions, without proper access to food, clean water, and essential services such as healthcare and education. The Autonomous Administration have been arbitrarily detaining twelve-year-old boys, separating two-year-old children from their caregivers, and curtailing access to healthcare. Increased child labour, violence and murder has severely impacted the growth and development of children.

In late January, hundreds of children held in an adult detention centre in Hassake were trapped with limited access to food and medical aid for 10 days during a crossfire exchange between the Syrian Democratic Forces (SDF) and IS. According to UNICEF, the children continue to be held in adult prisons and in dire living conditions. 

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President Kais Saied’s moves to shut down Tunisia’s High Judicial Council, an independent judicial oversight body set up after the country’s 2011 revolution to shield judges from government influence, pose a serious threat to judicial independence and fair trial rights in the country, Amnesty International said today.

In videotaped remarks to Tunisia’s interior minister and other officials on 5 February, Saied said that the High Judicial Council (HJC) “should consider itself a part of the past as of this moment” and announced his intention to dissolve the body by decree, accusing it of corruption and political bias. On 7 February, in a videotaped meeting with Prime Minister Najla Bouden, he indicated to her that he considered the HJC to be dissolved, however, he has not yet issued a decree formally dissolving the body.

“President Kais Saied’s attack on the High Judicial Council represents a grave threat to fair trial rights in Tunisia. If the President enacts a decree to dissolve or suspend the institution, it will sound the death knell for judicial independence in the country,” said Heba Morayef Amnesty International’s Regional Director for the Middle East and North Africa.

“Since last July, President Saied has dismantled almost all institutional checks on his power. The HJC has stood as Tunisia’s last bastion of judicial impartiality.”

On 7 February, HJC president Youssef Bouzakher told Amnesty International that police had been deployed in front of the HJC’s office and had been there since the previous day, barring entry to HJC members.

Over recent months, President Saied has unleashed repeated verbal attacks on Tunisia’s civilian judiciary — including the HJC — which he has accused of being corrupt and of failing to respond swiftly to allegations of corruption and terrorism.  Tunisian authorities have increasingly circumvented judicial procedures to impose arbitrary travel bans, house arrests and detentions on Tunisians, including judges and political figures, in violation of the rights to liberty and freedom of movement. Meanwhile, military courts have increasingly investigated and prosecuted civilians.

This is the first formal move President Saied has made against the independence of the judiciary as an institution since his July 2021 suspension of parliament and dismissal of then-Prime Minister Hichem Mechichi. On 22 September 2021, he suspended most of Tunisia’s constitution, formally granted himself near-total power to govern by decree, dissolved a temporary body to vet the constitutionality of laws, and barred anyone from challenging his decisions via Tunisia’s administrative court.

If the President [Kais Saied] enacts a decree to dissolve or suspend the institution, it will sound the death knell for judicial independence in the country.

Heba Morayef, Amnesty International

Under former dictator Zine El Abidine Ben Ali, the HJC – which oversees the appointment, disciplining, and career tracks of judges – served as a mechanism for executive influence on the judiciary. The executive branch appointed a majority of the HCJ’s members and the president himself also presided over the HJC, while the justice minister served as the HJC’s vice-president.

Following the revolution that toppled Ben Ali in January 2011, elected leaders transformed the then-discredited High Judicial Council into a bulwark of judicial independence. Under Tunisia’s 2014 Constitution and the 2016 law re-creating the HJC, two-thirds of the HCJ’s 45 members must be magistrates of whom a majority are elected by their peers. The remaining third of the HJC’s members are elected independent legal, financial, tax, and accounting experts.

The United Nations’ Basic Principles on the Independence of the Judiciary states that the independence of the judiciary “shall be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.”

The UN Human Rights Committee has determined that executive branch interference in the judiciary — including control over the appointment and careers of judges — violates the right to trial by an “independent and impartial tribunal” as guaranteed by Article 14 of the International Covenant on Civil and Political Rights (ICCPR), which Tunisia has ratified.

While international law provides no single model for assuring independence of the judiciary, it encourages countries to create an authority to supervise the judiciary that is not dominated by the executive or legislature.

Amnesty International calls on President Kais Saied to scrap the plan to dissolve the High Judicial Council and cease all acts that may threaten judicial independence and or violate people’s right to a fair trial.

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Responding to the news that Hejaaz Hizbullah, a Sri Lankan lawyer and prisoner of conscience, was granted bail today after almost two years of pre-trial detention under Sri Lanka’s draconian Prevention of Terrorism Act (PTA), Yamini Mishra, Amnesty International’s South Asia Director, said:

“The court’s decision to grant bail to Hejaaz Hizbullah is a welcome development. Ever since he was arrested in April 2020, prosecutors have only brought baseless accusations against him. Hejaaz is a respected lawyer and minority rights activist who should have never been detained in the first place.  

“Today’s news comes two months after the authorities also granted bail to Ahnaf Jazeem, a poet who was detained for 19 months over concerns that his poems and teachings could cause ‘communal disharmony’. While we welcome the developments in each case, hundreds of others remain in detention for charges related to ‘terrorism’, which the authorities have repeatedly used to target minority groups and state critics.

“The Sri Lankan authorities must ensure that all those still detained under the PTA have access to fair bail hearings and release those who have not been charged with recognizable crimes under international law. They must also repeal the PTA and issue an immediate moratorium on its use, as repeated attempts to amend the law have proved futile.”

Background

Amnesty International has extensively documented not only the cases of Hejaaz Hizbullah and Ahnaf Jazeem, but also the increased marginalization, discrimination and targeting of Sri Lanka’s Muslim community.

Ahnaf Jazeem was arrested in May 2020 but was only granted bail in December 2021. While in detention, the authorities made him sign statements in a language he does not understand and tried to extract forced confessions from him.

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