Myanmar: Deadly air strikes in Kachin State appear to fit pattern of unlawful attacks 

Responding to the news that Myanmar military air strikes reportedly killed dozens of people including civilians at a concert in Kachin State on Sunday night, Amnesty International’s Deputy Regional Director Hana Young said: 

“Singers, artists and other civilians are among those reported killed in last night’s air strikes. We fear this attack is part of a pattern of unlawful aerial attacks by the military which have killed and injured civilians in areas controlled by armed groups.  

“The military has shown ruthless disregard for civilian lives in its escalating campaign against opponents. It is difficult to believe the military did not know of a significant civilian presence at the site of this attack. The military must immediately grant access to medics and humanitarian assistance to those affected by these air strikes and other civilians in need. 

“Myanmar’s military has been committing widespread atrocities since the 2021 coup, including unlawfully killing, arbitrarily detaining, torturing and forcibly displacing civilians. It has been able to carry out these crimes in the face of an ineffective international response to a human rights crisis that is only worsening. 

“As officials and leaders from the Association of Southeast Asian Nations prepare to host high-level meetings in the coming weeks, this attack highlights the need to overhaul the approach to the crisis in Myanmar. ASEAN has to step up and formulate a more robust course of action so that military leaders end this escalating repression.” 

Background: 

On 23 October, the Myanmar military launched air strikes on a musical performance near A Nan Pa village in Hpakant Township, Kachin State, in the north of the country.  

The attack reportedly killed dozens of people, but Amnesty could not independently confirm the figures. Among those injured and killed were civilians including prominent artists who were performing at the event. The performance was held as part of celebrations for the 62nd anniversary of the Kachin Independence Organisation (KIO). 

The KIO is the political wing of the Kachin Independence Army, which controls the area and has clashed with the Myanmar military for decades. 

The military has increasingly relied on air power as it struggles to retain control of the country since seizing power in a coup on 1 February 2021.  

In a July report, “Bullets rained from the sky”: War crimes and displacement in eastern Myanmar, Amnesty International found that Myanmar’s military has subjected Karen and Karenni civilians to collective punishment via widespread aerial and ground attacks, arbitrary detentions, often including torture or extrajudicial executions, and the systematic looting and burning of villages. 

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Chad: Repression of demonstrations must stop immediately

Reacting to the crackdown against today’s protests and the deaths of demonstrators, Samira Daoud, Amnesty International’s Regional Director for West and Central Africa said:

“Violent clashes occurred this morning between security forces and demonstrators in N’Djamena and elsewhere in the country. According to initial testimonies collected by Amnesty International, the security forces fired live ammunition at demonstrators, just like in April 2021 and in Abeche in January 2022, killing several dozen people including a child. We call on the Chadian authorities to immediately halt the excessive use of force against demonstrators.

Amnesty International repeats that the use of force to maintain order must be strictly necessary and proportional, and that the use of firearms is prohibited except in cases of imminent danger of death or serious injury.

Samira Daoud, Amnesty International's Regional Director for West and Central Africa

The right to freedom of peaceful assembly is enshrined in national and international texts, including the guidelines of the African Commission on Human and Peoples’ Rights. These provisions must be respected to allow each person to express themselves freely and without fear for their life.

The authorities must take immediate action to investigate and bring to justice those responsible for unlawful killings.”

Background

On 20 October 2022, demonstrations were held in N’Djamena and elsewhere in the country to denounce the extension of the transition period for a further two years and to demand the transfer of power to civilians. Hundreds of people answered the call of several opposition parties and civil society associations.

The Prime Minister announced a provisional toll of 50 dead and 300 injured. He announced that a Judicial Commission would be set up to determine responsibility.

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Ukraine: Russian attacks on critical energy infrastructure amount to war crimes

Reacting to the news that Russian attacks on energy facilities in Ukraine over recent days have led to a nationwide blackout in the country, Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia, said:

“The strategy behind Russia’s latest warfare tactics is unmistakable. In bombing Ukraine’s critical civilian infrastructure, including energy facilities, the Russian army clearly intends to undermine industrial production, disrupt transportation, sow fear and despair and deprive civilians in Ukraine of heat, electricity and water as the cold grip of winter approaches.”

“Russia’s targeting of Ukrainian civilian infrastructure is unlawful. The morale of the civilian population is not a lawful target, and carrying out these attacks with the sole purpose of terrorizing civilians is a war crime. All those responsible for ordering and committing these criminal attacks must be held to account. With Russia ramping up its efforts to terrorize civilians in Ukraine, the international community must urgently respond and condemn these heinous attacks.”

The morale of the civilian population is not a lawful target, and carrying out these attacks with the sole purpose of terrorizing civilians is a war crime

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

Background

On 20 October, the Ukrainian authorities announced that there will be power outages across the country, after Russian attacks over recent days seriously damaged about 40% of the country’s energy facilities.

Amid efforts to repair the damaged facilities, the Ukrainian authorities have resorted to planned power outages to ensure the remaining energy infrastructure is not overloaded.

The Ukrainian authorities have also urged people across the country to minimize their electricity use between 7am and 11pm each day, while the use of street lights will also be limited nationwide starting today.

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Bosnia and Herzegovina: Young environmental activists face baseless defamation charges from Belgian-owned hydropower company in Bosnia

Ahead of a court hearing on Monday in Istočno Sarajevo, Amnesty International urges BUK, a hydropower company owned by Belgian-based Green Invest to drop their defamation suits against two local activists who publicly expressed concerns about the potential environmental impact of the company’s small hydropower plants on the Kasindolska river.

Sunčica Kovačević and Sara Tuševljak, the two activists, received the lawsuits after they challenged environmental permits granted to the company, and publicly voiced their concerns about the potential irreparable damage to the river and its surrounding ecosystem. 

The Bosnian company BUK, which is fully owned by Belgian company Green Invest, operates one small hydropower plant and plans to construct two additional ones on the Kasindolska river. Earlier this year, BUK filed three defamation lawsuits against the two activists, seeking 7,500 EURO in damages and threatening further legal action if the activists continue speaking publicly on the issue.

“Time and time again, we have seen how powerful corporations try to intimidate those who speak out against them. When faced with public scrutiny, corporations are increasingly filing untrue or abusive claims to silence critical voices and discourage further debate on matters of public importance. Sunčica and Sara are facing these baseless lawsuits simply because they publicly criticized uncontrolled deforestation and soil erosion that they believed occurred as a result of the construction of these hydropower dams on a river near where they grew up” said Eve Geddie, Director of Amnesty International’s European Institutions Office.

Amnesty International has analysed legal documents and other materials related to the cases and concluded that the lawsuits bear  the hallmarks of Strategic Lawsuits for Public Participation (SLAPPs), including aggressive and disproportionate remedies sought by the corporation and an apparent attempt to exploit their economic and political power to stifle the activists.

“Sunčica and Sara are among a growing number of young activists across BiH and the wider region who are standing up against the seemingly unchecked exploitation of natural resources by large [NM1] multinational companies. They are demanding that the authorities properly assess the long-term risks of these energy projects, consult with the people who are directly impacted by them, and exercise greater oversight over development projects, instead of solely prioritizing profit,” said Eve Geddie.

“To add insult to injury, these unfounded defamation claims come from a company from Belgium who has no stake in the environment or life here. They have not spent their life on this river: they haven’t enjoyed its beauty, nor can they see what the construction of small hydropower plants has done to it and the forest around it. We get the impression that the foreign company  claims more rights to the river than we who were born and live here,” said Sunčica Kovačević, one of the activists. 

“Green Invest and their subsidiary in Bosnia should immediately withdraw these lawsuits, and allow people to freely debate the impact of their hydropower plants on the local community. The authorities in Bosnia and Herzegovina must guarantee a safe and enabling environment in which environmental defenders can express their concerns without fear of legal reprisals, including by protecting activists and journalists from this vexatious use of the law,” said Eve Geddie.

Censorious lawsuits a barrier to public participation

SLAPPs are lawsuits that seek to silence or intimidate those who publicly criticize or expose the wrongdoing of those in power, including governments and corporations. SLAPPs  unduly restrict the rights to freedom of expression, peaceful assembly and association and discourage the public from exposing wrongful conduct by those in power.

SLAPPs usually seek unfounded or disproportionate damages, with the intention of intimidating or silencing critical voices on issues of public interest, such as the environment. SLAPPs are increasingly being used to muzzle the work of human rights defenders and journalists across Europe.

“The lawsuits that Sunčica and Sara are facing fit within a growing trend of powerful corporations and officials misusing the justice system to intimidate human rights defenders and shield themselves from public scrutiny. SLAPPs can have a potentially devastating effect on public debate and create an increasingly hostile environment for anyone who speaks out on issues of public interest, including journalists, human rights defenders and civil society organizations,” said Eve Geddie.

For more information or to arrange an interview, contact alison.abrahams@amnesty.org press@amnesty.org orcall +44 (0) 20 7413 5566

Alternatively, contact Lejla Kusturica, ACT | lejla@actbih.org | +387 62 761 833

Background

In an effort to replace its old coal-fired power stations, BiH has embraced the construction of hydropower plants. Encouraged by credits available for renewable projects, national authorities have offered generous subsidies to encourage further investment in the sector.  Laws protecting the environment, however, are either weak or poorly enforced and, combined with weak institutions, this led to the unchecked expansion of projects that prioritize profits over the environment.

Sunčica Kovačević and Sara Tuševljak  raised concerns about the environmental impact of BUK/Green Invest’s hydropower plants in media appearances. Having observed what they believed was excessive deforestation in the protected area and soil erosion associated with the construction of access roads for the hydropower plants, the activists questioned the legality of environmental permits that were issued  to BUK by the authorities.

Sunčica Kovačević and Sara Tuševljak form part of a group of activists and local community members that has been objecting to the construction of small hydropower plants on the Kasindolska river since 2017. The group has organized peaceful protests, press conferences, a civil initiative that gained more than 2,000 signatures against the construction of the small hydropower plants, and a photo exhibition showcasing the river and the anticipated implications of further hydropower construction. Their campaign gained support from the mayors of all three affected municipalities.

SLAPP suits are increasingly perceived as a serious threat to the rights of freedom of expression and peaceful assembly in Europe. Amnesty International welcomes ongoing efforts at the European Union and the Council of Europe to adopt initiatives to prevent and combat the effects of SLAPPs. These initiatives should set a minimum standard for protection against SLAPPs, such as by ensuring that courts can quicky identify and dismiss unfounded or abusive lawsuits early in the proceedings; prescribe sanctions for litigants who abuse the law with the intention of silencing or intimidating critical voices; and provide procedural safeguards, including free legal assistance and effective remedies to the victims of SLAPP suits.

Over 140 national and international organisations have recently expressed their support for Sunčica Kovačević and Sara Tuševljak and their concerns over the baseless defamation lawsuits in an open letter to the Belgian Ambassador to BiH and the Head of the European Union Delegation in the country.


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Nigeria: Two years on, more than 40 #EndSARS protesters still languishing in jail

Two years after the #EndSARS protests, over 40 protesters are still languishing in prisons across Nigeria, Amnesty International said today, while panels set up to investigate police impunity have failed to deliver justice to hundreds of victims of police brutality. 

Amnesty International has found that the vast majority of #EndSARS protesters arrested in October 2020 are still being arbitrarily detained without trial.   

The fact that nobody has been brought to justice over the torture and killings of #EndSARS protesters is a stain on Nigeria’s human rights records. Meanwhile, human rights violations by the police continue unabated. The authorities must ensure that suspected perpetrators of the deadly crackdown on #EndSARS protesters are brought to justice in fair trials and address impunity for police brutality.

Osai Ojigho, Director of Amnesty International Nigeria

“Two years ago, the Nigerian army and police killed at least 12 people at Lekki toll Gate and in Alausa, Lagos State, while pro-government armed groups deliberately instigated violence at many #EndSARS demonstrations in other parts of the country to serve as a pretext for the police to use of lethal force on peaceful protesters. Rather than bringing those responsible for the attacks on protesters to justice, the authorities have engaged in a series of bizarre denials and cover-ups.”   

Since the #EndSARS protests, many people who have attempted to exercise their right to peaceful protest have repeatedly faced threats, harassment, and intimidation. 

Prolonged detention without trial 

Oyewole Olumide, Rasheed Tiamiyu, Moruf Adekunle, Taoreed Abiodun, Ikenna Amechi, Afeez Ariyo, Ikechukwu Eze, and Adesina Ademuyiwa were among those arrested in Ibadan for participating in #EndSARS protests in October 2020. Despite reportedly suffering from ill health, they continue to be held without trial in Agodi Correctional Centre, having previously been detained at a SARS facility in Ibadan and Abolongo Prison in Oyo Town. 

Ayodeji Oluwasegun, Andoh Immanuel, Yakubu Olayiwola, Olaogun Ismail, Uba Chukwuma, Dosunmu Taiwo, Daniel Joy-Igbo, Yusuf Rafiu, Olawale Marcus, Muyiwa Onikoyi, Shehu Anas, Suleman Saidu, Rasheed Wasiu Bolaji, Adigun Sodiq, Sunday Okoro, Akiniran Oyetakin, Ogidi Isah, Ibrahim Adesanya, and Faruk Abdulquadri have also been detained without trial in Kirikiri Medium Security Prison in Lagos since 2020. 

The Nigerian authorities have attempted to justify the ongoing detention of #EndSARS protesters by resorting to trumped-up charges including theft, arson, possession of unlawful firearms, and murder. 

A further twenty-one #EndSARS protesters were held incommunicado for 15 months at Afaraukwu Correctional Service in Umuahia in Abia state for participating in the protests. On Friday 4 February 2022, they were released without charge following an intervention by Amnesty International. 

“They called us into their torture room one after another

Many #EndSARS protesters told Amnesty International that they were tortured while in detention. Police abuse occurred in detention centers in police stations and other holding facilities and inside police vehicles. Several cases amount to torture and other ill-treatment.  

One of the protesters told Amnesty International: “In Umuahia, at the Criminal Investigation Department (CID), they called us into their torture room one after another. When I entered, they tied my hands to the iron bars on the window so I couldn’t fight them, and then they started flogging my ankle with a rod, and also my knee…” 

“Since I didn’t do anything,” the protester added, “I maintained my innocence while they tortured me. I remembered my late wife and got angry. I told them it was better for them to kill me than to admit something I did not do. Then the man said they would release me, but when they did, I could not walk, so I just fell and the officers dragged me out of the room. Then they took another person into the torture room. In the process of torturing us, they killed one of the protesters they brought in with us from Eziama police station.” 

A 21-year-old student of Abia State Polytechnic, who was among more than 20 protesters arrested on 20 October 2020 in Waterside in Ogbor Hill, Abia state, told Amnesty International: 

When I arrived at the criminal investigation department, they started asking us why we were protesting against the police. Some of us said we were fighting for our rights. Then the police said they would kill us for going out to protest. They removed our clothes… and started flogging us. I still have some of the injuries I sustained, I still get pains from them. They were flogging us everywhere. I was bending my head to protect my eyes. We suffered there.

“They removed my shirt and blindfolded my eyes with it,” the student added. “When we got to Eziama Police Station, they asked my age. I told them I was 16, but I was 15 then. They slapped me twice and beat me with sticks for joining the protest. Then they said they would put me in a separate cell. They kept us in the cell and brought us out the next day to beat us again.” 

Many of those interviewed said they had suffered from health issues as a result of the torture they faced and the inhuman conditions they were kept in detention. All released detainees interviewed by Amnesty International said the authorities had not returned their phones, cash, and other valuables which were taken from them after the protests. 

Investigative panels fail to deliver justice for victims 

Investigative panels set up to investigate police brutality have been marred by prolonged adjournments, intimidation of witnesses by police lawyers, and police officers failing to appear as witnesses, according to observer reports verified by Amnesty International. In some states, panels have failed to take place at all, while others opted to go on break indefinitely. 

“Authorities must end the crackdown on peaceful protests, and promptly, thoroughly, independently, impartially, and transparently investigate cases of attacks on peaceful protests and bring suspected perpetrators to justice. 

The lack of progress at these #EndSARS panels is discouraging and reveals the authorities’ lack of commitment to ensure justice for victims of police brutality across Nigeria,” said Osai Ojigho. 

“All detained protesters must be immediately and unconditionally released. The Nigerian authorities must urgently respect, protect, promote and fulfill the right to peaceful protest including by publicly directing security and law enforcement agencies to stop infringing on the rights to freedom of expression and peaceful assembly. Authorities should also ensure that victims of police brutality and their families are provided with access to justice and effective remedies, including adequate compensation, and guarantee of non-repetition.”

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