USA: NYPD ordered to hand over documents detailing surveillance of Black Lives Matter protests following lawsuit

The New York Police Department (NYPD) has been ordered to disclose thousands of records of how the force procured and used facial recognition technology against Black Lives Matter (BLM) protesters, after the New York Supreme Court ruled in favor of Amnesty International and the Surveillance Technology Oversight Project (S.T.O.P.) on their joint Article 78 lawsuit.

“New Yorkers demanding racial justice have a right to know the full details of NYPD’s use of facial recognition technology during the BLM protests. 

Matt Mahmoudi, Amnesty International’s Researcher on Artificial Intelligence and Human Rights.

“New Yorkers demanding racial justice have a right to know the full details of NYPD’s use of facial recognition technology during the BLM protests. This ruling recognizes that the NYPD broke the law in withholding this information and is a significant step in holding the NYPD accountable for its use of discriminatory surveillance. It is a damning indictment of the NYPD’s lack of transparency and accountability to the public that it took a lawsuit to achieve this,” said Matt Mahmoudi, Amnesty International’s Researcher on Artificial Intelligence and Human Rights.

“A ban on facial recognition for mass surveillance is a much-needed first step towards dismantling racist policing in New York. We all have a right to peacefully protest without fear of surveillance.”

New York Supreme Court Judge, Justice Laurence Love, declared on Friday that the NYPD’s withholding of documents and argument that the volume of information would impart a burden on the police department had been “utterly refuted” by Amnesty International. 

Justice Love ordered the NYPD to share 2700 of documents and emails between March 1, 2020, to September 1, 2020, related to procurement and usage of facial recognition surveillance at the BLM protests, upon resubmission of Amnesty’s original FOIL request.  This will enable Amnesty International and S.T.O.P. to thoroughly investigate the NYPD’s procurement and usage of facial recognition technology throughout New York City.

“It was wrong for the NYPD to surveil BLM protesters, and it was wrong to hide the evidence,” said Surveillance Technology Oversight Project Executive Director Albert Fox Cahn.

“This department systematically hides the ways it watches us, but today the surveillance cover up just won’t work. This ruling was crystal clear: the NYPD broke the law when it hid its records. When the police operate in the shadows and violate oversight laws, it’s not only a threat to public safety, but to democracy. I hope that Mayor Adams’ NYPD quickly complies with the order. New Yorkers deserve to know how political dissent is policed in this city. More importantly, these records can help us prevent more abuses in the future.”

Background

In September 2020, Amnesty International USA filed a public records request under New York’s Freedom of Informational Law (FOIL) to obtain NYPD records on its surveillance of the historic Black Lives Matter (BLM) protests in 2020. The request was rejected by the NYPD along with a subsequent appeal. In July 2021, Amnesty International and S.T.O.P, a privacy and civil rights group, announced the lawsuit against the NYPD for refusing to disclose its records.

Facial recognition exacerbates discriminatory policing and prevents the free and safe exercise of peaceful assembly, by acting as a tool of mass surveillance. Black and minority communities are at far greater risk of being targeted.

In February 2022, new research by Amnesty International and partners revealed New Yorkers living in areas at greater risk of stop-and-frisk by police are also more exposed to invasive facial recognition technology. The analysis, part of the global Ban The Scan campaign, showed how the NYPD’s vast surveillance operation particularly affects people already targeted for stop-and-frisk across all five boroughs of New York City. In the Bronx, Brooklyn and Queens, the research also shows that the higher the proportion of non-white residents, the higher the concentration of facial recognition compatible CCTV cameras.

Amnesty International is calling for a total ban on the use, development, production, sales, and export of facial recognition technology for mass surveillance purposes by both states and the private sector.

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Iranian officials must be held accountable for amputating the fingers of two men

Iranian authorities used a guillotine machine to amputate the fingers of a man convicted of theft on 27 July 2022, Amnesty International can confirm. Pouya Torabi, who is in his late thirties, was transferred on an emergency basis to a hospital immediately after his fingers were cut off in the presence of several officials and a doctor at Tehran’s Evin prison.

Less than two months ago, on 31 May, Iranian authorities also amputated the fingers of Sayed Barat Hosseini, without giving him anaesthetic. He has since been imprisoned in isolation in Evin prison and denied adequate mental and physical health care for infections and trauma suffered after the amputation.

Amputation is judicially-sanctioned torture and, therefore, a crime under international law.

Diana Eltahawy, Deputy Director for the Middle East and North Africa

“These amputations are particularly harrowing displays of the Iranian authorities’ contempt for human rights and dignity. Amputation is judicially-sanctioned torture and, therefore, a crime under international law, and all those who were involved in ordering or implementing these corporal punishments should be prosecuted in fair trials,” said Diana Eltahawy, Amnesty International’s Deputy Director for the Middle East and North Africa.

“At least eight other prisoners in Iran are currently at risk of having their fingers amputated. With impunity rife in Iran, more and more people will be subjected to this unspeakably cruel punishment unless the international community takes action. We call on all member states of the UN to forcefully condemn and do everything in their power to pressure the Iranian authorities to immediately abolish corporal punishments. We further urge all states to exercise universal jurisdiction to criminally investigate and prosecute Iranian officials suspected of criminal responsibility for such crimes under international law.”

With impunity rife in Iran, more and more people will be subjected to this unspeakably cruel punishment unless the international community takes action.

Diana Eltahawy

Pouya Torabi and Sayed Barat Hosseini were sentenced in separate cases to amputation about three years ago after criminal courts in Semnan and Kermanshah, respectively, convicted them of theft. According to an informed source interviewed by Amnesty International, both amputation sentences were carried out at a clinic inside Evin prison in the presence of multiple officials, including the prosecutor of Tehran, the associate prosecutor (dadyar) of Evin prison, the judge overseeing the implementation of sentences in Evin prison, the head of Evin prison and the chief doctor at the prison medical clinic.

The same source told Amnesty International that before amputating Sayed Barat Hosseini’s fingers, authorities told him he could pay to “freeze” the fingers and then have them surgically reattached. Sayed Barat Hosseini did not have the money to pay for this.

After having his fingers cut off, Sayed Barat Hosseini immediately lost consciousness due to blood loss and severe pain and was transferred to a hospital outside prison. He was returned to prison three days later, before he had recovered from his ordeal, and his wounds became infected. After weeks of being denied adequate treatment, a further trip to hospital followed in mid-July, but he was returned to jail the same day. He has since been held in isolation in Evin prison without contact with the outside world, in an attempt to prevent news of his punishment and current ill health emerging.

Both Sayed Barat Hosseini and Pouya Torabi were transferred to Evin from provincial prisons for the implementation of their amputation sentences. In April, a special guillotine machine was installed in Evin to centralize the implementation of amputation sentences issued across the country.

The victims of judicial amputations in Iran are overwhelmingly from impoverished backgrounds and lack legal representation of their choosing. It is extremely difficult for victims and their families to alert human rights organizations and media of looming amputations due to threats of reprisal from Iranian authorities, who enforce silence and secrecy around the imposition and implementation of amputation sentences.

Amnesty International renews its calls on the Iranian authorities to immediately abolish, in law and in practice, all forms of corporal punishment. They must halt all planned amputations, and grant Pouya Torabi, Sayed Barat Hosseini and all other victims of judicial amputation access to effective remedies and reparation for harm suffered, including restitution, compensation and rehabilitation.

Background

In June 2022, Amnesty International warned that the Iranian authorities were preparing to amputate the fingers of eight other men, including Hadi Rostami, Mehdi Sharfian and Mehdi Shahivand.

According to the Abdorrahman Boroumand Centre, since January 2000, the Iranian authorities have amputated the fingers of at least 131 men.

Cruel and inhuman corporal punishments constitute torture, which is prohibited under Article 7 of the International Covenant on Civil and Political Rights (ICCPR), to which Iran is a state party. Despite this, Iran’s Islamic Penal Code provides for various corporal punishments amounting to torture, including amputation flogging, blinding, crucifixion and stoning.

The law states that for certain types of theft, those convicted shall “have four fingers on their right hands completely cut off so that only the palm of their hands and their thumbs are left”.

Iranian law requires that a physician be present during the implementation of corporal punishments, in direct violation of ethical guidelines and international standards which expressly prohibit health providers’ involvement in torture.

The Iranian authorities have consistently defended amputation as the best way to deter theft, and have expressed regret that it cannot be practiced in public because of international condemnation.

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Belarus: Sham “conspiracy to seize power” trial against prominent political activists starts

Responding to news that a court in Belarus has begun a “conspiracy to seize power” trial against prominent political activists, including the leader of the Belarusian Popular Front party, Ryhor Kastusyou, Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia, said:

“Today, another show trial begins in Minsk with the sole purpose of punishing Alyaksandr Lukashenka’s critics and discouraging any challenge to his repressive policies. Unlike other sham trials which are usually held behind closed doors, this one will be open to the public so that all the world can see it for what it is – a desperate attempt to crush dissent.

Unlike other sham trials which are usually held behind closed doors, this one will be open to the public so that all the world can see it for what it is – a desperate attempt to crush dissent

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

“All critics of the Belarusian authorities detained solely for peacefully exercising their right to freedom of expression must be immediately and unconditionally released and all charges against them must be dropped.”

Background

On 29 July, the Minsk Regional Court began hearings in a trial against the leader of the Belarusian Popular Front party Ryhor Kastusyou, political consultant Alyaksandr Fyaduta, lawyer Yury Zyankovich, his former employee Volha Halubovich and Dzyanis Krauchuk, an activist.

Fyaduta and Zyankovich were detained on 12 April 2021 in Moscow and later transferred to Belarus. On the same day, Kastusyou and Halubovich were put behind bars in Minsk followed by Krauchuk on 26 April.

Fyaduta, Zyankovich and Kastusyou are charged with “conspiracy to seize power” under Article 357(1) of the Criminal Code. Zyankovich is additionally charged with “creating of an extremist group” (Article 361-1(1)), “public calls for the seizure of power” (Article 361(3)) and “incitement of social hatred” (Article 130(3)). Halubovich and Krauchuk are charged with “gross violation of public order” (Article 342(1)).

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Ukraine: Russian soldiers filmed viciously attacking Ukrainian POW must face justice

Responding to a video reportedly showing Russian soldiers apparently castrating a Ukrainian prisoner of war, who is gagged with his hands tied behind his back, Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia, said:

“This horrific assault is yet another apparent example of complete disregard for human life and dignity in Ukraine committed by Russian forces. All those suspected of criminal responsibility must be investigated and, if there is sufficient admissible evidence, prosecuted in fair trials before ordinary civilian courts and without recourse to death penalty.

“Since the start of Russia’s war on Ukraine, Amnesty International has documented crimes under international law, like summary killings of captives by Russia-backed separatist forces in eastern Ukraine and extrajudicial executions of Ukrainian civilians by Russian forces. 

“International law is clear: prisoners of war must not be subjected to any form of torture or ill-treatment, and should be given immediate access to the International Committee of the Red Cross. The relevant authorities must fully respect the rights of prisoners of war in accordance with the Geneva Conventions.”

Background

According to media reports, the shocking footage was initially posted on a pro-Russian Telegram page before being shared more widely on social media. In the video, a man in a Russian uniform and a black hat uses a blade of some kind to apparently castrate a man in a Ukrainian uniform, who is pinned down with his hands tied behind his back.

Amnesty International’s ongoing documentation of crimes under international law, including war crimes committed during the war in Ukraine is available here.

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Yemen: Detained journalist denied urgent health care must be released

Responding to the news that Tawfiq al-Mansouri, one of four journalists detained since 2015 and sentenced to death in April 2020 by the Huthi de facto authorities, is being denied health care despite suffering from serious health conditions, Diana Semaan, Amnesty International’s Acting Deputy Director for the Middle East and North Africa, said:

Tawfiq al-Mansouri should never have been detained in the first place, let alone sentenced to death.

Diana Semaan, Acting Deputy Director for the Middle East and North Africa

“The Huthi de facto authorities’ denial of urgent medical treatment for Tawfiq al-Mansouri is a callous act of cruelty that violates the prohibition of torture and other ill-treatment. Amid appalling detention conditions, he has suffered chronic illnesses including diabetes, kidney failure, asthma, and heart problems.

“Tawfiq al-Mansouri should never have been detained in the first place, let alone sentenced to death. The Huthis must immediately grant him access to the health care that he so urgently requires.

“It is crucial that the Huthis stop violating the fair trial rights of Tawfiq and the three other journalists — Akram Al-Walidi, Abdelkhaleq Amran and Hareth Hamid — detained alongside him. These men must be immediately released, and their convictions and death sentences quashed without delay.”

Tawfiq, and the journalists, detained alongside him, must be immediately released and their convictions quashed. 

Diana Semaan

Background

On 27 July 2022, Tawfiq al-Mansouri’s brother received information from the family of another detainee confirming that Tawfiq’s health condition has significantly deteriorated. Tawfiq al-Mansouri has been denied transfer to a hospital for treatment since 2020.

The Huthi de facto authorities arbitrarily detained Akram Al-Walidi, Abdelkhaleq Amran, Hareth Hamid and Tawfiq Al-Mansouri in 2015 and held them without charge until December 2018. They have also been held incommunicado at times and subjected to a range of human rights abuses, including enforced disappearance, solitary confinement, beatings and denial of access to health care.

In April 2020, the Specialized Criminal Court in Sana’a sentenced the four men to death following an unfair trial — a verdict the defendants have since appealed. According to their lawyer, their appeal hearing will be held on 31 July before the Specialized Criminal Appeals Division in Sana’a, Yemen.

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