Algeria: Authorities must release defence lawyers and stop assault on right to fair trial  

Algerian authorities must immediately release and drop all charges against three defence lawyers arrested and prosecuted for defending their clients and exercising their right to freedom of expression, said Amnesty International today. Abderraouf Arslane’s trial opens on 15 June, more than a year after he was arrested.

Arslane is being tried over charges stemming from his defence of political activists while lawyers Abdelkader Chohra and Yassine Khlifi are being tried for protesting the suspicious death in custody of an activist. All three are currently in pretrial detention pending their trial.

“The authorities’ wrongful arrest and prosecution of these lawyers send the chilling message that defending political prisoners is not tolerated in Algeria,” said Amna Guellali, Amnesty International’s Deputy Director for the Middle East and North Africa.

“Algeria is obligated to protect people’s right to a fair trial, which cannot be done without proper legal representation. Lawyers must be permitted to practise their profession and express themselves without fear of arrest and intimidation.”

Abderraouf Arslane was detained on 26 May 2021 in the Court of Tebessa, where he was defending three activists from the Hirak, the mass protest movement that has called for political change in Algeria since 2019. He was held in pre-trial detention amid accusations of ties with the unregistered political movement Rachad and the expression of his opinions online, and charged with “spreading fake news” and terrorist-related offences. His first trial session is scheduled for 15 June 2022, which is more than one year after his arrest.

Abdelkader Chohra was detained by security forces on 14 May 2022 while participating in a peaceful gathering outside Al Kliaa prison in Tipaza to protest the suspicious death of activist Hakim Debbazi, who died while being held in pre-trial detention.

Yacine Khlifi was summoned by the Algiers police force on 31 May 2022. One of his lawyers, who asked not to be named for fear of reprisals, told Amnesty International that he attended the interrogation at the police which revolved around a video Khlifi had published talking about the suspicious death of Hakim Debbazi. In the video, Khlifi also criticized the Minister of Justice for the inadequate communication around Hakim Debbazi’s death and suggested that two other inmates have died in suspicious circumstances in Chlef prison during the previous two weeks.

Both Chohra and Khlifi are detained under charges of “spreading fake news” and “incitement to unarmed gathering.”

“Algerian authorities have over the past year jailed at least two additional lawyers for their work in attempting to uncover the truth around suspicious deaths in prisons, which shows how rampant repression has become in Algeria,” said Amna Guellali.

Background 

Legal representation is fundamental to the right to a fair trial, which is enshrined in numerous treaties binding on Algeria, including the International Covenant on Civil and Political Rights and the African Charter on human and peoples’ rights. According to the United Nation’s Basic Principles on the Role of Lawyers, governments should ensure lawyers “are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference” and they should also “not be identified with their clients or their clients’ causes as a result of discharging their functions”.

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India: Excessive use of force, arbitrary detention and punitive measures against protesters must end immediately

AMNESTY INTERNATIONAL INDIA

PRESS RELEASE

Indian authorities must immediately put an end to the excessive use of force in response to large scale protests in the country that has resulted in the death of at least two people, including a child, and in many others suffering injuries since last Friday, Amnesty International India said today. The organization also called for the immediate and unconditional release of those arbitrarily arrested solely for peacefully exercising their rights to freedom of expression and peaceful assembly.

In the last few days, thousands of people took to the streets in the states of Uttar Pradesh, Jharkhand, West Bengal, Maharashtra, Karnataka, Gujarat, Jammu & Kashmir and Telangana calling for the arrest of Nupur Sharma and Naveen Kumar Jindal, the former spokespersons for Bharatiya Janata Party (BJP), India’s ruling political party, for making statements deemed insulting of Prophet Mohammed in a prime-time TV news debate.

“The Government of India is selectively and viciously cracking down on Muslims who dare to speak up and peacefully express their dissent against the discrimination faced by them. Cracking down on protesters with excessive use of force, arbitrary detention and punitive house demolitions by Indian authorities is in complete violation of India’s commitments under international human rights law and standards,” said Aakar Patel, chair of Amnesty International India Board.

The Government of India is selectively and viciously cracking down on Muslims who dare to speak up and peacefully express their dissent against the discrimination faced by them.

Aakar Patel, Chair of Amnesty International India Board

On 10 June, media reported an incident where, police personnel can be seen striking batons, pelting stones and shooting bystanders during protests in Ranchi, Jharkhand. Another bystander was shot six times by the police while returning from the market. Two protesters including a 15-year-old child was fatally shot in the head by the police. Under the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, police may only use force for a legitimate law enforcement purpose and may not use more force than needed to achieve this objective. Moreover, police may use firearms only as a last resort and when strictly necessary to protect themselves or others against the imminent threat of death or serious injury; the intentional lethal use of firearms is only permissible if strictly unavoidable in order to protect life.

In another video reported by multiple media outlets and shared by many on Twitter including the former Chief Minister of Uttar Pradesh, a police officer is repeatedly hitting detained male protesters with batons in Saharanpur, Uttar Pradesh while they cry in fear and pain and one protester complains of a fractured arm. Instead of criticizing the use of force, it was celebrated by former police officers and BJP politicians on social media. Baton strikes while a subject is under control are unnecessary and disproportionate, and amount to using batons punitively – which amounts to torture or other cruel, inhuman and degrading treatment or punishment, a violation of international law. 

“Presenting and treating all protesters, including peaceful ones, as a threat for public order is deeply worrying and is part of an alarming escalation of the states’ measures targeting Muslims. Unfortunately, the Prime Minister and various state chief ministers have done little to show that they disapprove of any statement portraying Muslims as a risk for public order or embedding other stereotypes and prejudices that may contribute to justifying discrimination and violence against Muslims. They should publicly show their opposition for any such statement” said Aakar Patel.

Presenting and treating all protesters, including peaceful ones, as a threat for public order is deeply worrying and is part of an alarming escalation of the states’ measures targeting Muslims

Aakar Patel

Instead, in a continuing blow to human rights, the authorities carried out the unlawful and arbitrary demolition of houses belonging to Muslims suspected of being “key conspirators” of the violence that erupted during the protests in Prayagraj, Uttar Pradesh. On 10 June, activist Javed Mohammed, his wife and younger daughter were detained along with many others by the police. On 11 June, a backdated notice was pasted on the wall of the family’s house at 11pm in the night before the planned demolition. Javed Mohammed and his elder daughter Afreen Fatima, a student activist, have been vocal in their criticism of the government specially against the discriminatory Citizenship Amendment Act. While the authorities cited illegal construction as the reason for demolition, the notice was issued in the name of Javed Mohammed who did not even own the demolished property. On 12 June, the authorities demolished the two-storey house amounting to a punitive measure and a violation of the right to adequate housing. Houses of many other protesters were similarly demolished in Uttar Pradesh.

It is evident that in the absence of any genuine consultation and a complete departure from due process of law, these demolitions stand in absolute violation of the right to adequate housing as enshrined in the International Covenant on Economic, Social and Cultural Rights, to which India is a state party and has been done to inflict punishment on the community for raising their voices against injustice.

“The State’s response to current protests is not only deplorable but also marks the latest escalation in the suppression of dissent. The Indian authorities must carry out a prompt, thorough, effective, impartial and independent investigation into all the human rights violations allegedly committed by law enforcement officials and other public officials against protesters and human rights defenders. Law enforcement officials who used the force excessively should be charged, whenever there is enough evidence. Victims should also have access to reparations including compensation,” said Aakar Patel.

Cracking down on protesters with excessive use of force, arbitrary detention and punitive house demolitions by Indian authorities is in complete violation of India’s commitments under international human rights law and standards

Aakar Patel

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Zimbabwe: Authorities must do more to stop culture of abductions and killings

Responding to the discovery of the dismembered body of Moreblessing Ali, Lucia Masuka, Executive Director of Amnesty International Zimbabwe, said:

Authorities must not leave any stone unturned in the investigation of this case and ensure that suspected perpetrators are held accountable

Lucia Masuka, Executive Director of Amnesty International Zimbabwe

“Authorities must not leave any stone unturned in the investigation of this case and ensure that suspected perpetrators are held accountable.”

“Abductions are being fueled by impunity of perpetrators. Authorities must do more to ensure Zimbabwe breaks this cycle of killings and abductions and impunity associated with it. Authorities must ensure access to justice and effective remedies for victims and their families.”

authorities must guarantee and protect people’s rights to life, physical integrity and security

Lucia Masuka

“Furthermore, authorities must guarantee and protect people’s rights to life, physical integrity and security.”

Background

Moreblessing Ali was out with her friend in Beatrice on 24 May 2022 when she was allegedly taken by an identified man following an argument. She was missing for three weeks before being found murdered and her body mutilated on 11 June.

Cases of abductions where perpetrators are never held to account are common in Zimbabwe.

The family of journalist and pro-democracy activist Itai Dzamara are yet to find closure after he was abducted on 9 March 2015. He was at a barbers’ shop in Harare’s Glen View suburb when five men reportedly accused him of stealing cattle before handcuffing him, forcing him into a white truck with concealed number plates and driving off. He has not been seen since and fears for his safety remain.

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UN: Michelle Bachelet has just months to address her failures on China

The UN High Commissioner for Human Rights Michelle Bachelet announced today that she will not be seeking a second term when her current one ends in August, but said that her office intends to finalize a long-awaited report on the human rights situation in China’s Xinjiang region before her departure.

Michelle Bachelet’s refusal to call out the Chinese government’s crimes against humanity has betrayed countless victims and survivors.

Amnesty International’s Secretary General, Agnès Callamard

Bachelet was heavily criticized during her recent mission to China for failing to condemn crimes against humanity and other grave human rights violations by the Chinese authorities. Addressing the UN Human Rights Council today, Bachelet said the report was currently being updated and would be shared with Chinese authorities for comments.

We call on Michelle Bachelet to finish her term by acting with the courage and principles that the office of High Commissioner demands.

Agnès Callamard

 “Michelle Bachelet now has just two-and-a-half months to address her failures on China. Her refusal to call out the Chinese government’s crimes against humanity in Xinjiang, and their dismal human rights record throughout the country, has betrayed countless victims and survivors. Without immediate action, Michelle Bachelet’s failure to stand up to political pressure from China will be a major part of her legacy,” said Amnesty International’s Secretary General Agnès Callamard.

“We call on Michelle Bachelet to finish her term by acting with the courage and principles that the office of High Commissioner demands. The long-overdue report on Xinjiang must be released as soon as possible – the path to justice begins with exposing the true depth and scale of the abuses taking place. We reiterate our call for Michelle Bachelet to condemn the Chinese government’s ongoing human rights violations in Xinjiang and elsewhere, paving the way for accountability, truth and justice.

“We urge UN Secretary-General António Guterres to ensure that the appointment of the next High Commissioner is made in an open and transparent manner, based on clear criteria. This important post requires a mandate holder who is principled and independent, and who has a proven record of deep commitment to human rights.”

Michelle Bachelet announced her departure during the presentation of her annual report to the UN Human Rights Council.

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