In response to today’s Supreme Court decision to overturn Roe v. Wade, Tarah Demant, interim national director for programs, advocacy and government affairs at Amnesty International USA, said:

“Today marks a grim milestone in the history of the United States as the Supreme Court has overturned Roe v. Wade and stripped Americans of the right to an abortion. Millions of people who can become pregnant in the United States now face a future where they will not be able to make deeply personal choices that affect their bodies, their future, and the well-being of their families. This ruling affects each and every person in the United States, regardless of their ability to become pregnant. You know someone who has had an abortion. We all do, as approximately one in four women in the United States will seek an abortion in their lifetime. 

Millions of people who can become pregnant in the United States now face a future where they will not be able to make deeply personal choices that affect their bodies

Tarah Demant

“People will be forced to give birth. They’ll be forced to seek unsafe abortions. This is the outcome of a decades-long campaign to control the bodies of women, girls, and people who can become pregnant. And it paves the way for unprecedented state legislation to criminalize abortion, as well as other bills that will aim to strip human rights from people in the United States, including the potential for bills that will affect access to birth control, gender, and marriage equality as well as other anti-discrimination laws. 

For our supporters and those around the world watching this moment with the same sense of horror and pain that we feel we say: whatever you’re feeling – anger, fear, betrayal, sadness – you’re not alone

Tarah Demant

“For our supporters and those around the world watching this moment with the same sense of horror and pain that we feel we say: whatever you’re feeling – anger, fear, betrayal, sadness – you’re not alone. You’re one of the vast majority of Americans who disagree with today’s decision. You’re one of 10 million people around the world who make up this grassroots movement for human rights. This is where our power and our hope springs from: We are the majority. 

For more information on how you can join Amnesty in the fight for a world where all of us can make decisions that are best for our lives, please visit amnestyusa.org/abortion.

CONTACT: Gabby Arias, media@aiusa.org

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Justice remains elusive one year on from the death of Nizar Banat, a Palestinian activist who died shortly after he was arrested and brutally assaulted by Palestinian security forces in June 2021, Amnesty International said today. The organization is calling on Palestinian authorities to ensure those responsible for Nizar Banat’s death are held to account by the civilian justice system since proceedings in military courts are fundamentally compromised. 

Nizar Banat was a prominent activist and outspoken critic of corruption within the Palestinian authorities in the West Bank. On 24 June 2021, a joint unit comprising Palestinian Preventive Security and General Intelligence forces stormed the house where he was staying, beat him with batons, and took him away in a military vehicle. He died around an hour later while being taken to hospital. Palestinian authorities charged 14 officers over his death but failed to question or investigate any senior officers. The investigation and trial took place before the military justice system, in violation of human rights standards. 

“The flawed military trial of 14 low-ranking security officers will not bring about justice. There needs to be a civilian trial following international standards, not just a smokescreen to protect those higher up. It is essential that the individuals who gave orders to arrest Nizar Banat for no lawful reason, and who oversaw the assault, are also held to account,” said Heba Morayef, Amnesty International’s Regional Director for the Middle East and North Africa. 

“Under international human rights law, cases involving human rights violations should be prosecuted in civilian courts, even if they involve members of the military. The Palestinian Authority must immediately transfer this case to the civilian justice system, to ensure that proceedings are independent of those involved in the crime.” 

The trial opened in September 2021 before the Ramallah military court. On 1 November 2021, Nizar Banat’s family and the lawyer representing them, Ghandi Al-Rabi, pulled out from one hearing after the defense lawyer for the 14 suspects accused Hussein Banat, a relative of Nizar Banat, of being a false witness. The family lawyer urged the court to register this smear and added this objection as further evidence that the military court was not acting impartially towards the security forces.  

Ghandi Al-Rabi told Amnesty International that legal proceedings have been repeatedly obstructed in the case, highlighting constant postponements, smearing of witnesses, and, most recently, the temporary release of those being tried for killing Nizar Banat. 

The 14 officers have not been suspended from active duty in the Palestinian Preventive Security Forces. They were detained in July 2021 in the military prison in Jericho, however on 21 June 2022, the Military Attorney General authorized their release from 21 June to 2 July 2022. Their temporary release was requested as a “holiday” and guaranteed by their colleagues in the Palestinian Preventive Security Forces.

“The judicial process resembles a farce, when the very organization that employs the suspects is also offering to guarantee the suspects’ cooperation with their trial. This is precisely why a military court can never bring the truth to light,” said Heba Morayef. 

On 18 May 2022, Ghandi Al-Rabi and Nizar Banat’s family fully withdrew from court sessions, saying they had lost trust in the proceedings. They are preparing the case for civilian courts.  

Ghandi Al-Rabi told Amnesty International: “We were fighting to bring to justice not only those who committed the horrific act of torturing and murdering Nizar, but also those who gave the order, facilitated, and greenlighted it. Now, we’re set back 10 steps as the accused are on ‘holiday’!”

Under international human rights law, cases involving human rights violations should be prosecuted in civilian courts, even if they involve members of the military.

Heba Morayef, Amnesty International

Nizar Banat’s cousin Ammar Banat was one of those who witnessed the arrest last June. He told Amnesty International that a group of security officers detonated the door of the house and broke in. They did not present any warrant, and proceeded immediately to the room where Nizar Banat was sleeping. According to Ammar Banat, members of the security forces began beating Nizar with batons, including on his head, and sprayed his face with pepper spray. They then stripped him to his underwear and dragged him into a waiting vehicle, without informing the family where he was being taken.

Background

The security forces’ investigation into the death of Nizar Banat, which was completed on 6 September, absolved regional commanders of all responsibility for the orders to arrest without a warrant and for the culture of excessive violence

Palestinian authorities continue to repress freedom of expression and assembly in an escalating campaign to crush dissent. Security forces responded to protests sparked by Nizar Banat’s death with excessive force. On 3 July 2021, hundreds of Palestinians gathered in Ramallah, a city in the central West Bank in Palestine, for a peaceful demonstration against President Mahmoud Abbas. Security officers arrested dozens of demonstrators, including Ghassan al-Saadi, a vocal critic of the Palestinian authorities, while on his way home following the protest. During his arrest they punched, kicked and beat him with batons.

Torture and other ill-treatment continue to be rife in prisons administered by Palestinian authorities. Between 1 January 2022 until 31 May 2022, the Palestinian human rights ombudsman, the Independent Commission for Human Rights, received 55 complaints of torture and other ill-treatment by authorities in the West Bank, and 60 complaints against authorities in Gaza.

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Responding to the trial of Lebanese comedian and activist Shaden Fakih, who will appear on Friday before the Military Court on charges of insulting and harming the reputation of the Internal Security Forces (ISF), Diana Semaan, Amnesty International’s Acting Deputy Director for the Middle East and North Africa, said:

“The case of Shaden Fakih is the latest example of the Lebanese authorities’ abuse of defamation laws to curtail freedom of expression by trying journalists and activists in the Military Court.

“Over the past three years, Lebanese security and military agencies have been increasingly harassing and interrogating activists in relation to social media posts that criticize the authorities, often referring their cases to the military justice system for investigation. This prosecution is a clear violation of the right to freedom of expression, which Lebanon has most recently committed to upholding during its 2021Universal Periodic Review before the United Nation Human Rights Council. These shameless attempts to stifle activism and criticism must stop.

“Lebanese authorities must immediately drop the case against Shaden Fakih, stop subjecting civilians in general and activists in particular to the Military Court and end the abuse of laws on defamation to suppress criticism of officials and institutions. It’s essential that the Lebanese government brings national laws on the right to freedom of expression fully in line with international human rights law and standards.”

The case of Shaden Fakih is the latest example of the Lebanese authorities’ abuse of defamation laws to curtail freedom of expression by trying journalists and activists in the Military Court.

Diana Semaan, Amnesty International

Background

The Office of Cybercrime first interrogated Shaden Fakih in May 2021 following a complaint by the ISF about a comedic call she made to its hotline during the Covid-19 lockdown, in which she asked them to deliver sanitary pads to her house. She later posted a video recording on her social media accounts and, in November 2021, the Military Court summoned her for trial scheduled for 24 June 2022.

The Human Rights Committee, the expert body entrusted with interpreting states’ obligations under the ICCPR, has explained in its General Comment 34 (on the right to freedom of expression) that “states parties should not prohibit criticism of institutions, such as the army or the administration.”

Under international human rights law, the jurisdiction of military courts over criminal cases is limited to trials of military personnel for breaches of military discipline. Access to military court sessions is restricted and the right to appeal is limited.

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Recent footage of police in India attacking protesters and detainees with batons highlights the urgent need for law enforcement agencies worldwide to tackle the rampant misuse of batons and other striking weapons, Amnesty International said today. Ahead of the International Day in Support of Victims of Torture, the organization has published a new briefing setting out how and when these weapons can be deployed in accordance with international human rights law, highlighting the guiding principles of legality, necessity, proportionality, and accountability.  

Batons are not toys. 

Dr Anja Bienert, Amnesty's expert on Police and Human Rights

Under international standards, batons must never be used as a means of punishment, to disperse peaceful protests, or against people who are already restrained. But, as Amnesty International has documented extensively, law enforcement agencies worldwide continue to misuse batons in a way which can constitute torture or other cruel, inhuman and degrading treatment. Earlier this month, a police officer was filmed repeatedly hitting detained male protesters with batons in the Indian city Saharanpur, Uttar Pradesh, continuing even as detainees cried in fear and pain and one man complained of a fractured arm. The video shone a light on the types of abuses which take place behind the closed doors of detention facilities worldwide, and showed how commonplace weapons like batons can become instruments of torture if used improperly. 

Striking people on the head, face, neck, throat or groin, or striking people repeatedly, is almost never justified.

Dr Anja Bienert

“Batons are not toys – they can cause serious injury and even death if they are misused. Yet time and again, we see police deploying batons as a means of repression or punishment, whether to crush peaceful protests or to deliberately inflict pain and fear on detainees,” said Dr Anja Bienert, Amnesty International’s expert on Police and Human Rights. 

“Law enforcement agencies must stop using batons as a first resort. As a rule, batons should only be used to defend against violent attacks, and only if no less harmful alternative is available. Police must attempt to deescalate the situation by issuing clear verbal warnings before using batons, and should use them in a way that minimizes physical harm. Striking people on the head, face, neck, throat or groin, or striking people repeatedly, is almost never justified.”

A global problem

Handheld striking weapons are of the most commonly used, and misused, types of law enforcement equipment worldwide. In 2021 Amnesty verified 188 instances of batons and other striking weapons being misused, in 35 countries including Belarus, Chile, France, Myanmar, Nigeria, and the US.  

Other recent verified cases of baton misuse include:  

– Belarusian forces brutally beating asylum-seekers and migrants trying to cross the border into Poland between July and November 2021;

– Moroccan prison guards entering the cell of Sahrawi activist Mohamed Lamine Haddi in March 2022, beating him with batons and cutting his beard off;

– Israeli authorities attacking worshippers with batons and rubber bullets at the al-Aqsa mosque in Jerusalem in April 2022, using violence which amounted to torture and other ill-treatment and leaving at least 150 Palestinians injured. 

Clear international standards

Amnesty International’s briefing is accompanied by 20 rules on how to use batons in a human rights-compliant manner. These are based on the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, as well as Amnesty’s 2015 Guidelines on how the Basic Principles should be implemented. 

In particular, law enforcement officials should: 

 only use batons as a means of defence against violent attacks. 

 only use batons when there is no less harmful alternative available. 

 prior to using a baton, issue a clear order to stop the violence and warn about the use of force if the order is not complied with. 

 target the larger muscles areas of the body (thighs and upper arms) and avoid areas where more serious injury can occur. 

 be able to justify each single strike and stop using the baton as soon as they achieve the objective. 

 Law enforcement officials should not: 

 use batons against persons who are peaceful or only passively resisting. 

 use a baton against a person already under control. 

 use a baton to disperse a peaceful assembly. 

 carry out “baton charges”, i.e. chasing fleeing protestors with batons strikes. 

 target “high-risk” areas (e.g. the head, neck, spine, throat, groin area) except in a situation where there is an imminent threat of serious injury or death that cannot be countered otherwise. 

Amnesty International is also calling for an outright ban on those batons whose only practical purpose is torture or other ill-treatment, such as spiked batons, and urges governments to develop trade controls on batons and other law enforcement goods where there are reasonable grounds for believing they will be used for torture or other ill-treatment. 

The new briefing will be presented at a meeting co-organized by the Association for the Prevention of Torture (APT) and the Organization for Security and Cooperation in Europe (OSCE) on the Prevention of Torture in the Context of Public Assemblies on the 23^rd of June. 

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