Kategorie: Humans

Cuba’s new Penal Code, which was approved in May but came into force on 1 December, risks further entrenching long-standing limitations on freedom of expression and assembly and is a chilling prospect for independent journalists, activists, and anyone critical of the authorities, said Amnesty International today.

“Over many decades, the Cuban authorities have consistently used the criminal law — or the threat of it — to silence dissent. The new Criminal Code contains a suite of chilling provisions that give the authorities even greater powers to continue smothering freedom of expression and assembly in 2023 and beyond,” said Erika Guevara-Rosas, Americas director at Amnesty International.

Over many decades, the Cuban authorities have consistently used criminal law — or the threat of it — to silence dissent. The new Criminal Code contains a suite of chilling provisions that give the authorities even greater powers to continue smothering freedom of expression and assembly in 2023 and beyond

Erika Guevara-Rosas, Americas Director at Amnesty International

Cuba’s new 141-page Penal Code replaces the previous one, which dates back to 1987, and contains a number of new and old provisions that are concerning for human rights. It takes effect at a time when many hundreds remain in prison for protesting in July 2021, and after waves of protests in October this year were also repressed.

Here are five alarming aspects of the new Penal Code:

1. Many provisions of the criminal code that have been used to silence and imprison activists for decades remain

Following the crackdown on protests in July 2021, Amnesty International named six prisoners of conscience — just a few emblematic cases that represent only a tiny fraction of the total number of people who likely deserve the designation. Three of those prisoners of conscience remain imprisoned, while the others, according to the information available to Amnesty International, were forced into exile by the authorities.

All of Amnesty International’s prisoners of conscience, and many hundreds of others criminalized in the context of protests, were charged under several provisions of the Penal Code that have historically been used to silence dissent. These include “public disorder,” “resistance,” and “contempt.” For example, the artist Luis Manuel Otero Alcántara was convicted of “public disorder”, “contempt” and “insulting national symbols.” The leader of Cuba’s unofficial political opposition group, José Daniel Ferrer García, who has frequently been held with limited access to the outside world since his detention in July 2021, was charged with “public disorder.”

All these provisions remain in the new Criminal Code, with some changes to the wording, but with increased minimal penalties. For example, “contempt”, “public disorder”, and “resistance” now carry minimum penalties of six months in prison to a year and/or a fine, compared with a minimum of three months to a year in prison and/or a fine under the previous penal code. Similarly, “insulting national symbols”, which includes defiling or other acts that show contempt for the flag or national anthem, now includes a penalty of imprisonment for two to five years or a large fine or both, compared with a penalty of three months to a year or a fine under the previous criminal code.

In a context where the judiciary continues to be neither independent nor impartial and allows criminal proceedings to be brought against those critical of the government as a mechanism to prevent, deter or punish them from expressing such views, this could result in human rights activists or critical actors being imprisoned for even longer periods of time. 

Additionally, Amnesty International believes that public officials should tolerate more criticism than private individuals. The use of criminal defamation laws with the purpose or effect of inhibiting legitimate criticism of government or public officials violates the right to freedom of expression. Amnesty International also opposes laws prohibiting insult or disrespect of heads of state or public figures, the military or other public institutions or flags or symbols (such as lèse-majesté and desacato laws). Amnesty International opposes laws criminalizing defamation, whether of public figures or private individuals, which should be treated as a matter for civil litigation.

2. The new Penal Code penalizes anyone who “endangers the constitutional order and the normal functioning” of the government

Article 120.1 of the new law allows anyone who “endangers the constitutional order and normal functioning of the State and the Cuban government” to be punished with imprisoned from four to 10 years. 

According to international human rights law, the right to freedom of expression can only be restricted in very limited circumstances. Any restrictions must meet all elements of a strict three-part test: they must be provided by law, necessary and proportionate for the purpose of protecting national security, public order, or public health or morals, or the rights or reputations of others. Additionally, to prevent abusive impositions of restrictions, there must be an effective appeal process in place to an independent body, or judicial review. Vaguely worded provisions, such as “endangering the constitutional order” and “normal functioning of the State and the Cuban government” are incompatible with international standards and laws on the right to freedom of expression.

3. It criminalizes receipt of funding, further stifling independent journalists and activists 

Article 143 of the new criminal code stands to further stifle the ability of civil society organizations, activists, and independent journalists to operate in the country, by prohibiting any receipt or use of finances that are deemed to “fund activities against the Cuban state and its constitutional order.” Anyone found guilty of being in possession of funds deemed to be used in this way faces a punishment of four to 10 years in prison.

Under international human rights law, the criminalization of human rights defenders based on receiving foreign funding is prohibited. Such restrictions on foreign funding are contrary to the right of association as they constitute an impediment for human rights defenders to perform their duties, as funding is an essential tool for the existence and effective operation of any association.

This new provision is already creating a chilling effect on independent journalists, who according to the NGO Article 19, have been pressured to resign ahead of the new penal code coming into effect.

4. It severely limits freedom of expression online

For the first time, Cuba’s new penal code explicitly allows the authorities to severely limit freedom of expression on social media and creates a range of vaguely worded offences related to “telecommunications, information and communication technologies” which in a context where freedom of expression has historically been squashed by the authorities, risk being abused.

Additionally, under the new law (Article 391.1) anyone who knowingly shares “fake information” (hechos falsos) can face six months to two years in prison or a fine, or both, and is subject to higher penalties, among other things, if the information is shared on social media or in online or offline media. Similarly, anyone who intentionally “offends another person in their honor”, either in writing or drawing or through acts or gestures, can also face six months to a year in prison or a fine, or both. This offence is also considered aggravated if the information is shared on social media.

According to international human rights law, vague and overly broadly worded laws, for example, which prohibit spreading “fake information”, or which penalize a person for offending someone’s “honor”, do not meet the three-part test described above and are incompatible with the right to freedom of expression. 

5. The new penal code retains the death penalty for 23 different crimes

As most countries in the world move towards abolition of the death penalty, Cuba’s new penal code moves against that trend by retaining the death penalty for severe crimes. 

The death penalty is the ultimate cruel, inhuman and degrading punishment. Amnesty International 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.

“As we approach the end of 2022, hundreds of Cubans remain in prison for peacefully expressing their beliefs, protest continues to be repressed, and we are seeing one of the biggest waves of forced migration out of Cuba in recent history, as people seek to build new lives with greater freedom overseas,” said Erika Guevara-Rosas. “We will be watching the authorities carefully in 2023 and calling on the international community to condemn in the strongest terms abuses of the criminal law to silence dissent.”

As we approach the end of 2022, hundreds of Cubans remain in prison for peacefully expressing their beliefs, protest continues to be repressed, and we are seeing one of the biggest waves of forced migration out of Cuba in recent history, as people seek to build new lives with greater freedom overseas

Erika Guevara-Rosas, Americas Director at Amnesty International

Artist Luis Manuel Otero Alcántara was convicted of “public disorder”, “contempt” and “insulting national symbols”. Amnesty International continues to campaign for Luis Manuel’s release and to defend the rights of many others who have been criminalized for being critical of the Cuban authorities.

For more information or to arrange an interview, please contact Carlos Mendoza: press@amensty.org 

The post Cuba: New criminal code is a chilling prospect for 2023 and beyond  appeared first on Amnesty International.

Amnesty International calls on the Mouvement du 23 Mars (M23) armed group to cease targeting civilians following the unlawful killing of dozens of civilians in towns in the east of the country in recent days in indiscriminate attacks and, in some cases, summary killings.

Those killed during attacks in and around the communities of Bambo and Kishishe, among others, between November 28 and December 1 included elderly men and children.

Flavia Mwangovya, Amnesty International’s Deputy Director for East Africa, the Horn and Great Lakes region said: “The M23 rebel group must immediately end deliberate and indiscriminate attacks on civilians. We urge all forces in the area, including the Congolese army and the East African Community Regional Force, to take all necessary measures to protect the civilian population while respecting international humanitarian law.

The M23 rebel group must immediately end deliberate and indiscriminate attacks on civilians

Flavia Mwangovya, Deputy Director, East Africa, the Horn and Great Lakes Region

“Even if M23 had assumed that some of the civilians it captured were fighters of another armed group, M23 should have treated them humanely as prisoners. They should not have been killed. The deliberate killing of captives – whether civilians or fighters — is a war crime. Indiscriminate attacks that kill or injure civilians are also war crimes. These killings and other human rights abuses must be investigated, and perpetrators must be made accountable. Parties to this conflict must adhere to international humanitarian law and send a clear message to those under their command that war crimes and other abuses will not be violated.”

“All forces have an obligation to protect civilians in this conflict. They should take every feasible precaution to ensure their own actions do not cause further harm to civilians, including avoiding, to the maximum extent feasible, the deployment of military forces or equipment within densely populated civilian areas.”

All forces have an obligation to protect civilians in this conflict.

Flavia Mwangovya

BACKGROUND

The M23 rebel group sprung from elements within the Congolese army in 2012, claiming to defend the rights of the Congolese Tutsi ethnic group.

The group was defeated by the Congolese army and the UN Force Intervention Brigade in November 2013, and its members fled to Rwanda and Uganda. In November 2021, the group began operating again in North-Kivu province with support from the Rwandan army, according to a leaked report in June 2022 from the UN Group of Experts. After a truce, fighting resumed in October between the M23 and the Congolese army, with M23 managing to capture much of the Rutshuru area of North-Kivu.

Although fighting with the Congolese army and M23 has abated in the last two weeks,  clashes have been regularly reported between the M23 and other armed groups, including the FDLR.

The post DRC: M23 armed group must stop killing civilians and respect international law appeared first on Amnesty International.

The killing of a three-year-old girl shows the urgent need to better protect people with albinism following a series of attacks over recent weeks.

The horrific nature of the death of Tadala Chirwa is deeply shocking, and a cause of great concern

Vongai Chikwanda, Senior Campaigner for Amnesty International in Southern Africa

Amnesty International calls on the authorities to improve the protection of persons with albinism across the country after the killing of this week of Tadala Chirwa. Before midnight on 30 November, an unidentified man broke into her grandmother’s house where she was sleeping and killed her, before chopping off her left arm and taking it away.

“The horrific nature of the death of Tadala Chirwa is deeply shocking, and a cause of great concern,” said Vongai Chikwanda, Amnesty International’s Campaigner for Southern Africa.

“This killing and the removal of a limb is consistent with past patterns on attacks on persons with albinism, which are driven by the false belief that their body parts bring wealth and good luck.”

“Authorities must promptly and thoroughly investigate the killing of Tadala Chirwa and ensure that those suspected of responsibility are brought to justice in fair trials.”

The authorities must also take urgent steps to guarantee the safety and security of persons with albinism in Malawi

Vongai Chikwanda

“The authorities must also take urgent steps to guarantee the safety and security of persons with albinism in Malawi, including by investigating all past attacks and delivering justice for victims and their families.”

Background

The attack took place in Mawawa village, near the town of Kasungu, in central Malawi before midnight on 30 November. Tadala Chirwa was reportedly sleeping in the same bed with her grandmother when an unidentified man broke into the house, stabbed the child in the neck, chopped off her arm, and fled. The attack follows the attempted abduction of a two-year old boy with albinism in Phalombe district, in the south of the country, on 19 November.

The toddler was asleep with his mother and a sibling when three masked assailants tried to force their way into their home. The mother managed to get her family to safety. In October the body of a person with albinism who had died was illegally exhumed from a grave and their legs and arms were removed.

Albinism is a rare inherited condition. People with albinism have a reduced amount of melanin, or no melanin, affecting their skin colouring and eyesight.

The post Malawi: Killing of a girl with albinism shows community urgently needs better protection appeared first on Amnesty International.

On Sunday 4 December, the Israeli authorities plan to deport French-Palestinian human rights defender Salah Hammouri, who has also had his Jerusalem residency status revoked. 

Amnesty International’s Regional Director for the Middle East and North Africa, Heba Morayef, said: 

“Salah Hammouri has already spent nine months in administrative detention without charge or trial this year, in retaliation for his tireless campaigning for an end to Israel’s apartheid against Palestinians. These latest plans are not only a shameless attempt to hinder Salah’s human rights work, they are also an expression of the Israeli authorities’ chilling long-term policy aim of reducing the number of Palestinians in East Jerusalem.  

“Unlawful deportation from the Occupied Palestinian Territories constitutes a grave breach of the Fourth Geneva Convention and a war crime. Deportation carried to maintain a system of apartheid constitutes a crime against humanity. These crimes are all in the jurisdiction of the International Criminal Court, whose Prosecutor has opened an investigation into the situation in Palestine. We reiterate our call for the crime of apartheid to be included in that investigation; Israeli authorities must be held accountable.   

This is an expression of Israeli authorities’ chilling long-term policy aim of reducing the number of Palestinians in East Jerusalem.  

Heba Morayef, Regional Director for the Middle East and North Africa

“Over the past two decades, Salah Hammouri has faced many of the inhumane acts which Israeli authorities use to enforce and maintain their system of apartheid. He has been subjected to prolonged administrative detention on various occasions, as well as harassment, family separation, surveillance, and constant threats of residency revocation. This persecution must end now. Israeli authorities must release Salah Hammouri, restore his residency status in Jerusalem, and allow him to continue his human rights work without fear of reprisals.” 

Background

Salah Hammouri was notified on 30 November that he will be deported to France on Sunday 4 December 2022 – the date his current administrative detention order expires. Salah has been detained without charge or trial since 7 March, under a three-month administrative detention order that has been repeatedly renewed. 

The deportation of Salah Hammouri would set a dangerous precedent. It is based on an amendment to a law which authorizes the Israeli Ministry of the Interior to deport permanent residents (the legal status held by most Palestinian-Jerusalemites) if they are found to have “breached” allegiance to the state of Israel. This is at odds with international law: allegiance to the occupying power is not required from an occupied population. 

Under Israeli law, Palestinian residents of East Jerusalem are not Israeli citizens and are not residents of the West Bank. Instead, they are granted fragile “permanent residency status” which allows them to reside and work in the city, and which may be revoked on a number of discriminatory grounds. 

The post Israel/OPT: Deporting Salah Hammouri would constitute a war crime   appeared first on Amnesty International.

Hussein Abo al-Kheir, a Jordanian man and father of eight who has been on death row since 2015 on a drug-smuggling conviction is at risk of imminent execution, Amnesty International said today, as Saudi Arabia resumes executions for drug-related offences after a two-year moratorium.

Since 10 November 2022, Saudi Arabia has executed 20 people convicted on drug-related charges, 60% of whom were foreign nationals. Dozens more prisoners are feared to be facing the same fate.

Hussein Abo al-Kheir could now be put to death at any moment. He has already seen other detainees from his facility taken away to be executed. These callous executions must end now.

Heba Morayef, Amnesty International

“The resumption of executions for drug-related offences in Saudi Arabia mean that Hussein Abo al-Kheir could now be put to death at any moment. He has already seen other detainees from his facility taken away to be executed. These callous executions must end now. Nobody should have to suffer this ultimate cruel, inhuman and degrading punishment,” said Heba Morayef, Amnesty International’s Regional Director for the Middle East and North Africa.

“The Saudi authorities should immediately commute his sentence and the sentences of all those on death row. They must urgently declare a moratorium on all executions with a view to abolishing the death penalty altogether.”

Hussein Abo al-Kheir was arrested on 18 May 2014 by customs officials while crossing from Jordan into Saudi Arabia for allegedly smuggling amphetamine pills. He was detained incommunicado at an unknown location for 12 days and was only able to contact his family two weeks after his arrest. He says that the authorities obtained a ‘confession’ from him by suspending him upside down by his feet and beating him so badly he could no longer hold a pen. In the end, he said he could only ‘sign’ the document using his fingerprint. He later retracted this ‘confession’ before the Tabuk Criminal Court and requested a medical report, but says his claims of torture have not been investigated. He had no access to legal representation or consular assistance throughout his pre-trial detention and court proceedings.

In June 2021, Hussein shared positive news with his family after the authorities told him his death sentence had been suspended and was being reviewed in light of a directive issued by King Salman bin Abdulaziz Al Saud, which stated that some detainees held on drug offences would be pardoned. Although it was unclear whether this order would apply to those on death row, some detainees held within his facility were released.

Since then, however, the authorities have not said anything to Hussein about the status of his case, and as Saudi Arabia has once again ramped up its use of executions for drug-related offences, Hussein’s family are living in agony knowing that he could be executed at any moment.

Hussein’s sister, Zainab Abo al-Kheir, told Amnesty International: “Hussein called us yesterday and told us that the prison authorities took a Saudi man from his ward to be executed yesterday, and that two weeks ago two Jordanians were taken to be executed. We felt like he was preparing us for his imminent death, as if he was telling us ‘goodbye’. We don’t know what will happen to Hussein, but how is it possible that the authorities might execute him at any moment without telling us? Our anger and desperation are unexplainable.”

The UN Working Group on Arbitrary Detention found that Hussein is being arbitrarily detained and that his deprivation of liberty “lacks a legal basis”, before recommending that Saudi Arabia “quash his death sentence” and “immediately and unconditionally release him.”

Today, on 1 December, UN experts raised concerns that Hussein Abo al-Kheir “may soon be executed” and called on the Saudi government to establish an official moratorium on all executions with a view to fully abolishing the death penalty.

Background

In January 2021, the Saudi Human Rights Commission said the country had introduced a moratorium on executions for drug-related crimes, and that “the Kingdom and its justice system are focusing more on rehabilitation and prevention”.

Between February 2020 and October 2022, Saudi Arabia did not carry out any executions for drug-related offences, but the moratorium on executions was never enshrined in law, which provides that drug smuggling or related crimes are punishable by death under ta’zir (the judge’s discretion). Between 2016 and 2020, the Saudi authorities executed at least 987 people, including 232 Saudi and foreign nationals convicted on drug-related offences.

Saudi Arabia has already carried out 148 executions this year. In March, the authorities executed 81 people in a single day – the largest mass execution in years –  including 41 people who were from the country’s Shi’a minority. The authorities have also continued to hand down death sentences to men from the Shi’a minority, including those who were under the age of 18 at the time of their alleged crimes.

The post Saudi Arabia: Jordanian man at imminent risk of execution amid spike in beheadings for drug-related offences appeared first on Amnesty International.