Kategorie: Humans

Responding to reports that human rights defender Idris Khattak, who was forcibly disappeared by Pakistan’s authorities more than two years ago, has been declared guilty of treason under the Official Secrets Act (OSA) and faces a 14-year prison sentence, Thyagi Ruwanpathirana Amnesty International’s Deputy South Asia Director, said:

“Idris Khattak’s family and lawyer are being kept in the dark by the Pakistani authorities about the exact status of his case and reported conviction, violating the right to fair trial and due process and making it impossible for them to plan any legal recourse.

“If his conviction is confirmed, it will be the culmination of a shameful two-year process that has been unjust from start to finish. Since being bundled into a car in 2019, Idris Khattak has been kept in an unknown location. Despite being a civilian, he was tried by a military court in a trial that took place in complete secrecy. Few details about the case against him have been disclosed and, according to his lawyer, the proceedings were deeply flawed.

“We urge Pakistan’s authorities to immediately provide details of the case to the family, give him access to lawyers, and bring Idris Khattak before an ordinary civilian court to rule on the lawfulness of his arrest and detention. This case plainly demonstrates why enforced disappearances must, once and for all, be put to an end. It’s time the authorities lifted the veil of secrecy shrouding the trial and his whereabouts.”

According to Idris Khattak’s lawyer, he has only been allowed to meet his client three times. On each occasion, they were filmed, accompanied by an army officer, and were not permitted to speak in Pashto – their native language. An earlier application for the trial to take place in a civilian court was rejected by the military court, following on from a similar rejection by the Peshawar High Court in January 2021.

Background

For more information about Idris Khattak’s case, see here and for more information about enforced disappearances, see here.

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As the governments of Uganda and the Democratic Republic of the Congo (DRC) launch a joint military operation against the Allied Democratic Forces (ADF) rebels, following recent attacks in Uganda attributed to this group, Amnesty International is calling on all parties to ensure the protection of civilians and adherence to international humanitarian law.

The situation remains volatile in eastern DRC as both Congolese and Ugandan forces continue to fight armed groups

Sarah Jackson, Amnesty International's Deputy Director for East Africa, the Horn of Africa and the Great Lakes

The Ugandan army announced on 30 November that it had, along with its “Congolese allies,” launched air and artillery strikes against ADF camps in the DRC. The information was later confirmed by the Congolese government. Residents of Nobili, a small town on the DRC-Uganda border in North-Kivu, have witnessed columns of Uganda People’s Defence Force (UPDF) soldiers with heavy weapons and armored vehicles crossing the border since Tuesday evening.

“The situation remains volatile in eastern DRC as both Congolese and Ugandan forces continue to fight armed groups. Past foreign military interventions in the DRC, including by Uganda, have resulted in the targeting or harming of civilians,” said Sarah Jackson, Amnesty International’s Deputy Director for East Africa, the Horn of Africa and the Great Lakes.

“Military commanders in Uganda and DRC must take all required steps under international humanitarian law to protect and avoid harm to civilians during this operation. They must also avoid locating military facilities and soldiers near civilian homes, and where they have to do so, they must give adequate warning and evacuate people if necessary.”

Both the Congolese and the Ugandan armies have a track record of human rights violations and violations of international humanitarian law in the area and they have rarely been held to account. In 2005, the International Court of Justice ruled that the Ugandan army violated international humanitarian and human rights law during their military intervention in DRC between 1998 and 2003, including through failing to protect the civilian population, committing killings and torture of civilians and destroying villages.

Past foreign military interventions in the DRC, including by Uganda, have resulted in the targeting or harming of civilians

Sarah Jackson

DRC has the obligation to investigate any reported violations of international humanitarian law and human rights on its territory, including by its own forces, while Uganda must investigate any allegations of violations by its forces. DRC and Uganda should ensure that there is a mechanism accessible to civilians in the area to safely report violations, should they occur.

Amnesty International is also concerned about the risk of retaliation against civilians by ADF combatants, which may arise as in the past if nothing is done to prevent such actions.

Authorities must also allow access for humanitarian actors, journalists and human rights defenders to continue to do their work unhindered, including in areas where joint operations are taking place

Sarah Jackson

“Protection of civilians and the respect for human rights should be at the centre of their actions. Children, older people, people with disabilities and internally displaced people must be particularly protected from harm,” said Sarah Jackson.

“Authorities must also allow access for humanitarian actors, journalists and human rights defenders to continue to do their work unhindered, including in areas where joint operations are taking place.”

Background

The ADF, a rebel group formed in Uganda in the 1990s which then fled into eastern DRC, has carried out attacks against civilians in the provinces of North Kivu and Ituri which border Uganda. According to local civil society groups, at least 6,000 people have been killed by the ADF in this area since 2013.

Since May 2021, a state of siege proclaimed by DRC President Tshisekedi in North Kivu and Ituri has given special powers to the army and the police to help stop attacks against civilians and “neutralize” armed groups, including the ADF. Yet such attacks have intensified in recent months, with over 1200 civilians killed according to the Kivu Security Tracker, and tens of thousands of others displaced according to the UN.

In recent years, the ADF has pledged allegiance to a group calling itself Islamic State (ISIS). ISIS has claimed responsibility for several attacks carried out in Uganda in October and November 2021 which the Ugandan authorities have attributed to the ADF. These include attacks on 16 November near the Central Police Station and Parliament in Kampala, Uganda’s capital, which killed four and injured 37 others according to a statement by the Uganda Police Force.

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Croatian authorities have consistently assaulted refugees and migrants and denied them access to asylum, in contravention of European and International law, said Amnesty International, in response to a damning report released by the Council of Europe’s Committee on Prevention of Torture (CPT) today.

The CPT’s report on the treatment of migrants and asylum-seekers by the Croatian police confirmed research from Amnesty International and other groups which have found consistent abuses in Croatia’s border areas over the past four years. After visiting Croatia in August 2020, the CPT’s report was formally adopted in November 2020, however its publication was delayed as Croatian authorities did not provide consent for its publication.

“In the last few years thousands of people have recounted how Croatian police assaulted them as they tried to enter the country and refused to let them request asylum. This long-awaited report confirms their stories and numerous reports of widespread pushbacks and abuse, which the Croatian government can now no longer deny.

Massimo Moratti, Director for Research of Amnesty International in Europe

The CPT examined numerous allegations of physical ill-treatment of migrants and asylum-seekers by the Croatian police and concluded that, in a significant number of cases, the injuries suffered were consistent with those typically sustained in law-enforcement operations.

The CPT documented cases of people being kicked, repeatedly struck with rubber batons, barrels of automatic weapons, or wooden sticks, or attacked by police dogs. In some cases, people intercepted by the Croatian police were stripped of their possessions, including clothes, shoes, and even underwear, and forced to walk for kilometres to the border with Bosnia and Herzegovina.

“The violence and abuse documented here point to a systematic and deliberate practice designed to punish those who try to cross the border. It may amount to torture, cruel, inhuman or degrading treatment on the part of the Croatian authorities,” said Massimo Moratti, Director for Research of Amnesty International in Europe.

The CPT concluded that Croatian authorities’ attempts to justify the abuses documented in the report do not constitute a plausible explanation for the many serious injuries compatible with police ill-treatment.

Lack of accountability

The CPT strongly criticised Croatian authorities’ failure to conduct thorough and timely investigations into complaints of police misconduct and noted that the files of a few completed cases “fail to demonstrate any fact-finding investigative acts worthy of the name.” Moreover, the CPT noted that these “investigations”, which should have been conducted by an independent body, were instead carried out by police officers themselves, undermining any notion of independence or impartiality.

“The CPT’s scathing comments about the failure of Croatian authorities to properly investigate ill-treatment confirm the Croatian government’s long-standing tactic of   vehemently denying any wrongdoing while effectively preventing any independent scrutiny of its abuses.  This has allowed violence to continue unchecked and with impunity,” said Massimo Moratti.

In July, the Croatian government finally set up an oversight mechanism which was meant to provide independent human rights monitoring of border-related operations. The CPT noted that effective human rights monitoring should be financially and operationally independent and have unfettered access, without notice, to border areas, relevant documentation and the victims of alleged violations. In practice, however, the authorities and the European Commission, which supported the mechanism’s establishment with funds and expertise, failed to ensure that it meets these standards.

The EU’s failure to hold Croatia to account

The European Commission has not taken any decisive action against Croatia despite overwhelming and credible reports of gross human rights abuses at the Croatian borders, some of which may have been committed with the assistance of EU funds. In fact, the Commission provided additional emergency funding to Croatia in July 2021 without seeking guarantees from the Croatian authorities that the allegations of ill-treatment would be effectively investigated, and that the monitoring mechanism would comply with key standards of independence, effectiveness and accountability.

“The Commission keeps missing opportunities to hold Croatia to account for widespread violations of EU law while continuing to support it with additional funds and resources. This raises serious questions about the EU’s potential complicity in human rights violations that are regularly documented on Croatian borders,” said Massimo Moratti, Director for Research of Amnesty International in Europe.

“The European Commission has long claimed that the consistent and credible reports by human rights organisations and media have not been officially confirmed. After today, there can be no doubt about the abuses being committed.” 

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 

Numerous reports over the past four years have revealed how the Croatian intervention police routinely assault men, women and teenagers trying to enter the country, destroy their belongings and often strip their clothes and shoes off before forcing them to walk for hours through snow and cold rivers. 

The CPT’s report comes less than two weeks after the European Court of Human Rights ruled that Croatia violated the rights of a six-year-old Afghan girl who was hit and killed by a train after being pushed back to Serbia in 2017.

In November 2020, European Ombudsman opened an inquiry into the possible failure of the European Commission to ensure that Croatian authorities respected fundamental rights while conducting EU-funded border operations against migrants and refugees. The inquiry was triggered by Amnesty International’s complaint.

Link to the CPT press release and report: https://www.coe.int/en/web/cpt/-/council-of-europe-anti-torture-committee-publishes-report-on-its-2020-ad-hoc-visit-to-croatia

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Responding to the decision by a majority vote of the Council of Europe Committee of Ministers to begin the formal process of infringement against Turkey for failing to release human rights defender, Osman Kavala, Amnesty International’s Europe Director Nils Muižnieks said:

“The message from the Committee of Ministers to Turkey is crystal clear: Turkey’s failure to ensure the immediate release of Osman Kavala and end his politically motivated prosecution is an unacceptable breach of the country’s human rights obligations.

“After more than four years behind bars on politically motivated charges, he must be allowed to finally return home to his family.

The Committee of Ministers notified Turkey yesterday of its intention to refer the non-compliance by Turkey to the Court at its meeting on 2 February 2022, asking Turkey to submit its response by 19 January at the latest.

“Two years ago, the European Court of Human Rights found that Osman Kavala’s right to liberty was violated with the ulterior purpose of silencing him and called for his immediate release. Instead of implementing this ruling, prosecutors have consistently looked for crimes to pin on him, bringing farcical charges without any evidence. Each twist and turn of this saga of injustice has pointed at the deeply politically motivated nature of the case, as clearly identified by the European Court.”

BACKGROUND

Osman Kavala’s next hearing will take place on 17 January 2022.

On 2 December, the Committee of Ministers adopted an Interim Resolution finding that by failing to ensure Osman Kavala’s “immediate release, Turkey is refusing to abide by the final judgment of the Court in the present case”. The Committee decided to serve formal notice on Turkey of its intention, at its meeting on 2 February 2022, to refer to the Court, the question whether Turkey has failed to fulfil its obligation under Article 46, paragraph 1, of the European Convention on Human Rights. Turkey was asked to submit comments by 19 January 2022 at the latest.

Infringement proceedings for failure to implement the judgments of the European Court of Human Rights have only once before been initiated, against Azerbaijan. This process begins with the formal notification of the country by a 2/3s majority vote at the Council of Europe’s Committee of Ministers. Turkey was served that formal notice yesterday.

Interim Resolution: https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=0900001680a4b3d4

For more information or to arrange an interview, please contact: stefan.simanowitz@amnesty.org email: press@amnesty.org   
twitter: @amnestypress 

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More Than 60 Groups Urge General Assembly to Establish New Investigative Mechanism

The United Nations General Assembly should act swiftly to establish an investigative mechanism to gather and preserve evidence of serious human rights abuses and violations of the laws of war in Yemen, a coalition of more than 60 organizations said today. Failure to act would not only be a vote for impunity in Yemen, it would be tantamount to a green light to commit further abuses and war crimes.

This step is urgently needed in light of the failure of the UN Human Rights Council in October to renew the mandate of the Group of Eminent Experts (GEE), which for more than four years had investigated and reported on rights abuses and other violations of international law by all parties to the Yemen conflict.

“The suffering already inflicted on civilians in Yemen demands this step to address impunity in the ongoing conflict and send a clear warning to perpetrators on all sides that they will be held accountable for war crimes and other serious violations of international humanitarian and human rights law,” the groups said in a joint statement addressed to the General Assembly’s 193 member countries.

Member states should create a new standing investigative mechanism to demonstrate to the people of Yemen that the United Nations will not turn a blind eye to their suffering and that they support international accountability for crimes and abuses committed there. The Human Rights Council vote was the result of an aggressive lobbying campaign against the experts’ reporting by Saudi Arabia, backed by the United Arab Emirates, leaders of the military coalition in the Yemen conflict, and other allies. “The international community cannot stand by and allow that vote to be the last word on accountability efforts for abuses and war crimes in Yemen,” the organizations said.

The groups urged the UN General Assembly to establish an independent and impartial body that would investigate and publicly report on the most serious violations and abuses of international law committed in Yemen, while also collecting and preserving evidence and preparing files for possible future criminal prosecution.

“Such a strong mandate is required to ensure not only that the serious violations committed in Yemen be exposed to the world, but also that potential avenues of accountability for crimes under international law may be effectively exploited in the future to address impunity and provide effective redress to victims,” the groups said.

All parties to the conflict in Yemen have carried out widespread and systematic abuses, including killing and injuring tens of thousands of civilians, the organizations said. Since 2015, the Saudi and UAE-led coalition has conducted scores of unlawful airstrikes that have killed and injured civilians and destroyed or damaged homes, hospitals, schools, markets, and other civilian infrastructure, and has armed and supported local armed groups and militias that have committed serious abuses.

Houthi forces have fired mortars, rockets, and other missiles indiscriminately into heavily populated areas, including cities, in Yemen, and launched ballistic missiles indiscriminately at populated areas in Saudi Arabia. The warring parties have prevented life-saving humanitarian aid from reaching those who need it. The organizations said that the criminal conduct of all parties to the conflict has claimed many thousands of civilian lives and caused the world’s worst humanitarian crisis in Yemen.

This would not be the first time the General Assembly has taken bold action against widespread and persistent human rights abuses. In 2016 it created the International, Impartial and Independent Mechanism to collect, preserve, and analyze evidence of the most serious crimes under international law committed in Syria. In 2018, the Human Rights Council created a similar mechanism for Myanmar in the wake of the 2017 crimes against humanity and possible genocide committed against Rohingya Muslims.

Recognizing the urgent need for accountability in Yemen, dozens of UN member states have already said that the international community should “actively explore further alternative mechanisms” for accountability in Yemen.

“The people of Yemen need justice,” the organizations said. “And justice begins with investigations and accountability. The time to act is now.”

The full joint statement can be viewed here. It will remain open for signatures.

Comments from leading human rights organizations that endorsed the joint statement

Agnès Callamard, Secretary-General, Amnesty International: “What we need to get this done is not a miracle – it’s political will. We need the General Assembly to step up and take action right now. If states continue to turn a blind eye, there will be no end in sight to this horrendous conflict that has seen immeasurable suffering inflicted upon the men, women, and children of Yemen. Yemenis have been knocking on all doors demanding accountability and justice. Member states owe it to them to take this forward at pace – the welfare of millions is in their hands.”

Kenneth Roth, executive director of Human Rights Watch: “That the Saudi government succeeded in arm-twisting the UN Human Rights Council to end its scrutiny of Saudi, Houthi, and others’ conduct in Yemen should not be the last word. For years, all warring parties in Yemen have callously disregarded human rights and human life. Impunity only makes things worse. It is urgent for the UN General Assembly to rectify this dangerous backward step. It should establish an investigative team to gather and report the facts and to collect and preserve evidence for future prosecution.”

Radhya Almutawakel, chairperson of Mwatana for Human Rights: “The UN General Assembly must act now and establish a mechanism for Yemen. If the international community is serious about supporting Yemen, ending impunity and supporting accountability must be the first priority. All warring parties including the Saudi/UAE-led coalition and Houthis must be held accountable for the suffering that civilians have gone through.”

Bahey Eldin Hassan, director of the Cairo Institute for Human Rights Studies: “UN member states have a choice to make:  Either bow to Saudi pressure and allow all parties to the conflict, including Houthi armed groups, to continue to carry out atrocity after atrocity with total impunity, or take action to protect the people of Yemen and ensure accountability.”

Savita Pawnday, executive director of the Global Centre for the Responsibility to Protect: “For over six years, there has been a ‘pandemic of impunity’ for countless atrocities perpetrated in Yemen. The termination of the GEE has further exacerbated this accountability gap. The UNGA has a responsibility to protect the people of Yemen and to act now by taking urgent action to establish a new standing accountability mechanism. Peace in Yemen will only be possible if justice and accountability prevail.”

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