Egypt: Hopes for justice crushed as court confirms prison term for women’s rights defender

Responding to yesterday’s decision –announced today– by Egypt’s Court of Cassation to confirm its conviction against Amal Fathy, a women’s rights defender who criticised the Egyptian authorities’ failure to protect women from sexual harassment, and sentence her to one year in prison, Philip Luther, Amnesty International’s Middle East and North Africa Research and Advocacy Director, said:

“The court’s decision to confirm Amal Fathy’s conviction and sentence her to a one-year prison term yet again shows that the Egyptian authorities are keen on whitewashing rather than improving their appalling human rights record. Once again, hopes for justice for an Egyptian human rights defender have been crushed by the country’s shamelessly flawed and patriarchal judiciary. 

“Criticizing the government’s failure to address sexual harassment is not a crime. No one should face punishment – let alone imprisonment – for exercising their right to freedom of expression to call for safer environments for women. The Egyptian authorities must ensure that this cruel and unjust conviction is immediately quashed.

“In their national human rights strategy, the Egyptian authorities praise their efforts to protect women’s rights, but their actions today show they are determined to undermine them. The international community must urgently respond by establishing an independent monitoring and reporting mechanism that can investigate the human rights situation in Egypt, including sexual and gender-based violence and the criminalization of those who dare to speak out against it.”

Background:

Amal Fathy is one of countless victims of the Egyptian authorities’ chilling and relentless assault on human rights defenders who have criticized the country’s human rights record. 

She was arrested in May 2018 after posting a video on her Facebook page in which she spoke about sexual harassment and criticized the Egyptian government for their inaction on the issue and for their wider crackdown on human rights. She was later sentenced to two years in prison, upheld on appeal. She was released on probation in December 2018.

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Poland: After acquitting rainbow halo women, authorities must end their witch-hunt against activists

Responding to the dismissal of the appeal against the acquittal of three women human rights activists in Poland on absurd charges of “offending religious beliefs” for distributing posters of the Virgin Mary with a halo in the rainbow colours of the LGBTI pride flag, Catrinel Motoc, Senior Campaigner in Amnesty International’s Europe Regional Office said:

“Today’s decision comes as a huge relief but cannot disguise the fact that these three women should never have been put on trial in the first place. Distributing posters of the Virgin Mary wearing a rainbow halo should never be criminalized, so it is right that the appeal against their acquittal was rejected.

“Since the start of the case against them, more than a quarter of a million people have spoken out to demand that the authorities drop the charges in a case that has come to symbolise some of Poland’s most disturbing anti-human rights trends. Not only is space for free expression, activism and peaceful protest shrinking, but the climate of homophobia in the country is worsening amid an increase in hate crimes, the introduction of LGBTI free zones by local councils and attempts to ban Pride Marches.

“This case has also revealed an ugly seam of state-sponsored homophobia and exposed the way in which Poland’s criminal justice system is being used to target, intimidate and harass human rights defenders simply because of their activism. The Polish authorities must finally end their witch-hunt against these and other activists.”

For more information or to arrange an interview, please contact:
Stefan Simanowitz at press@amnesty.org or Sarian Jarosz, Amnesty Poland, sarian.jarosz@amnesty.org.pl

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Kazakhstan: Authorities must release arbitrarily detained protestors and respect human rights amid ongoing unrest

• Information severely restricted
• Concern over arbitrary arrests and detainees’ treatment

• Death toll still unknown

The Kazakhstani authorities must release journalists and activists who have been arbitrarily detained for their coverage of mass protests across the country over the past week, provide information on all protest-related arrests and ensure human rights of all detainees, said Amnesty International, as the number of individuals arrested since protests began on 2 January reached close to 10,000 according to official government figures.

Those among the detainees who committed no internationally recognized crimes and were arbitrarily detained, including merely for violating Kazakhstan’s unduly restrictive legislation on public assemblies, must be immediately released as well.

The human rights organization also called on the Kazakhstani authorities to order an effective and impartial investigation into all reported human rights violations, including lethal use of force by the security forces, and to respect human rights in the context of the unrest.

“While the situation appears to have calmed down in Kazakhstan, the crisis is far from over. Nothing is more important now than free access to independent information, full accountability for what has happened and a commitment to respect human rights moving forward,” said Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia.

While the situation appears to have calmed down in Kazakhstan, the crisis is far from over. Nothing is more important now than free access to independent information, full accountability for what has happened and a commitment to respect human rights moving forward

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

Death toll remains unknown

The exact number of casualties in Kazakhstan resulting from the recent violence remains unknown. The authorities confirmed that at least 18 law enforcement officers had been killed but have so far failed to disclose the number of civilian casualties. On 9 January, a Telegram-channel associated with the government released information about the deaths of 164 individuals but it was later disavowed by the Ministry of Health as a technical glitch.

“The silence of the authorities regarding the number of victims of the unrest and the circumstances of their death is outrageous. Information about civilian causalities must be disclosed immediately,” said Marie Struthers.

The silence of the authorities regarding the number of victims of the unrest and the circumstances of their death is outrageous. Information about civilian causalities must be disclosed immediately

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

Internet access restricted, journalists harassed, rights monitors vilified

The Kazakhstani authorities disabled the Internet and restricted mobile communications for five days after the start of the protests. Meanwhile, they blamed human rights defenders and activists for spurring the demonstrations and proceeded to arrest independent journalists.

On 7 January, Lukpan Akhmedyarov, the editor of Uralskaya Nedelya newspaper, was arrested in Uralsk and sentenced to 10 days of detention for allegedly violating Kazakhstan’s unduly restrictive assembly rules. On 5 January, two journalists from the RFE/RL local radio service Azattyk were detained and interrogated in connection with their work during the protests. On 10 January, the authorities also ordered independent media outlet Fergana.ru to remove a report on the crisis or face criminal prosecution. There are reports of foreign journalists being denied entry into the country. Meanwhile, while Internet access was re-established by 10 January, it is still being regularly blocked by the authorities, and mobile messengers remain inaccessible locally.  

“The authorities must restore unrestricted access to the Internet, unblock all other forms of communication and stop meting out reprisals against those who share news independently. Amid crisis, independent information is crucial. The authorities’ knee-jerk blackout was akin to holding the entire population incommunicado,” said Marie Struthers.

Amid crisis, independent information is crucial. The authorities’ knee-jerk blackout was akin to holding the entire population incommunicado

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

“Amnesty International remains deeply concerned about the way President Tokayev has blamed journalists and human rights defenders on national television for inciting unrest – a narrative that has since been adopted by various people in positions of authority in Kazakhstan.”

Ill-treatment and the right to a fair trial for detainees

On Tuesday, Kazakhstan’s Interior Ministry said that almost 10,000 people have been arrested since mass unrest and violent clashes between police and protestors. More than 400 criminal cases have already been initiated. According to the Prosecutor General, most of these criminal cases concern violence, including killings. However, in some cases of which Amnesty International is aware, the Kazakhstani authorities have prosecuted peaceful dissent under the vague charge of “incitement of social discord.” This includes the opening of criminal proceedings under these charges in connection with a solitary street picket which environmental activist Artyom Sochnev held in Stepnogorsk on 4 January.

Kazakhstan’s unduly restrictive law governing public assemblies effectively bans any street protest unless expressly permitted by the local authorities. Under this legislation, thousands of Kazakhstanis who took part in peaceful protests in recent days are liable to arrest and fines or up to 15 days of detention.

“We are extremely worried about the conditions of detention and the grounds for arrest of thousands of detainees. There are also missing individuals, including journalist Makhambet Abzhan, whose whereabouts remain unknown since 6 January,” said Marie Struthers.

We are extremely worried about the conditions of detention and the grounds for arrest of thousands of detainees. There are also missing individuals, including journalist Makhambet Abzhan, whose whereabouts remain unknown since 6 January

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

“Sadly, unfair trials remain widespread in Kazakhstan, as does torture and other ill-treatment, while lawyers are often denied access to their clients and are routinely muzzled by non-disclosure orders. One lawyer, Yubzal Kuspan, was arrested and is in detention for 10 days himself, simply for taking part in a peaceful demonstration.”

The risk of torture and other ill-treatment is demonstrated by the case of Vikram Ruzakhynov, a jazz musician from neighboring Kyrgyzstan who was on tour in Kazakhstan. On Sunday, Kazakhstani state TV televised his interrogation, which showed a heavily bruised Ruzakhynov “confessing” to having been recruited by “strangers” to “participate in a protest rally” for money. Ruzakhynov was released on Monday following a diplomatic protest from Kyrgyzstan.

“All those who have been arbitrarily detained merely for taking part in the protests must be immediately released. Protesters accused of committing internationally recognized crimes for violent behaviour must be provided with fair trials in accordance with international human rights law. Meanwhile, all reports of ill-treatment by officials must be effectively investigated, with those responsible held to account,” said Marie Struthers.

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Poland: Verdict in prosecution of women who put up posters of Virgin Mary with rainbow halo expected

Ahead of the prosecutor’s appeal tomorrow against the decision to acquit three women charged with “offending religious beliefs” for possessing and distributing posters depicting the Virgin Mary with an LGBTI rainbow halo, Amnesty International’s Senior Campaigner for Europe, Catrinel Motoc, said:

“This case is emblematic of a number of disturbing anti-human rights trends in Poland. Not only is space for free expression, activism and peaceful protest shrinking, but the climate of homophobia in the country is worsening amid an increase in hate crimes, the introduction of LGBTI free zones by local councils and attempts to ban Pride Marches.

“It is bitterly ironic that an act of peaceful activism intended to highlight these trends has led to these three women human rights defenders being dragged through the courts with the threat of up to two years in jail hanging over their heads.

“The women have already been acquitted by courts earlier in March however the authorities are continuing this witch-hunt. Instead of prosecuting these activists for making rainbow posters, the Polish authorities should be respecting and protecting the rights of LGBTI people who face an increasingly repressive climate of state-sponsored homophobia. This appeal smacks of harassment and intimidation and the case should be dropped.”

BACKGROUND

In March 2021, Elżbieta, Anna and Joanna were acquitted of “offending religious beliefs” under article 196 of the Criminal Code (C.C.) in relation to the use of posters depicting the Virgin Mary with a rainbow halo symbolic of the LGBTI flag around her head and shoulders.

They were acquitted by the first instance court, but the prosecutor’s appeal brought them to court again, with the hearing scheduled on 8 December 2021.

Article 196 provides overly broad scope for the authorities to prosecute and criminalize individuals, in violation of their right to freedom of expression. As such, it is incompatible with Poland’s international and regional human rights obligations.

The authorities arrested Elżbieta in 2019 after she took a trip abroad with Amnesty International campaigners. The authorities opened an initial investigation against her in May 2019. In July 2020, the authorities officially charged the three activists, alleging that the posters “publicly insulted an object of religious worship in the form of this image which offended the religious feelings of others”.

In November 2020, Amnesty International, Campaign Against Homophobia, Freemuse, Front Line Defenders, Human Rights Watch and ILGA-Europe sent a Joint Public Statement urging the Prosecutor General to drop the charges and ensure that the three women are allowed to carry out their human rights work without harassment and reprisals.

More than 275,000 people have joined Amnesty International’s campaign urging the Polish Prosecutor General to drop the unfounded charges against the three women human rights activists.

AMNESTY INTERNATIONAL WILL BE AT THE HEARING
For more information or to arrange an interview, please contact: Stefan Simanowitz at press@amnesty.org

Or contact Sarian Jarosz, Amnesty Poland, sarian.jarosz@amnesty.org.pl

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20 years on, Biden must close Guantánamo once and for all

At a recent demonstration outside the White House calling for the closure of the US military prison at the Guantánamo Bay naval base, a teenager approached a colleague to ask what the protest was all about. He told her he had never heard of the detention facility.

It’s been 20 years and four presidential administrations since Guantánamo opened, but for those born since then its terrifying stories sound more like the plot of a fictitious horror film. It is a disgraceful legacy we simply cannot pass on to future generations.

Opened in response to the September 11 attacks, Guantánamo has held almost 780 Muslim men and boys. Before their indefinite detention in Guantanamo, many were abducted, disappeared and brutally tortured in US-run secret prisons or by so-called allies in the “war on terror”. In Guantanamo, they were tortured, very few charged with crimes, and none given a fair trial. Kafkaesque military commissions set up to try them have proven ineffectual and unfair, denying defendants an impartial arbiter and access to critical evidence and victims their right to justice. Meanwhile, families of 9/11 victims have waited in vain for justice.

Amnesty International and many others around the world have doggedly campaigned to close the prison since its inception. President Biden, like Obama before him, has promised to close it, but so far has failed to do so. The Biden administration transferred one detainee out of the facility last July but has yet to reestablish the special envoy office in the State Department dedicated to the prison’s closure. On the contrary, the administration has just announced plans to build a new courtroom at Guantánamo to continue the work by the military commissions – the very opposite of a blueprint to shut the place down.

It is not only about closing Guantanamo. It is also about delivering accountability for the violations committed within its settings. Last year we heard former detainees like Majid Khan, Abu Zubayda, and Mohamedou Salahi describing their abuse at US-operated “black sites” abroad and in Guantánamo. The torture inflicted upon Salahi, who is now a bestselling-author and human rights defender, was portrayed in The Mauritanian, while Khan described enduring stress positions, beatings, force feeding using tubes tipped with hot sauce, and sodomy with a garden hose.

Guantánamo is an indelible stain on the United States’ history, a chapter it must now close and never repeat

Dr. Agnes Callamard

The European Court of Human Rights has ruled in civil cases against Italy, Lithuania, Macedonia, Poland and Romania for their complicity in the torture and enforced disappearance of people in the context of US rendition and secret detention programs, but there has never been any meaningful accountability in the United States. From those who authorized torture at the highest levels of the government to those who carried out the illegal “enhanced interrogation techniques,” no one has ever been held responsible for the crimes committed. This should begin with the declassification and full release of the US Senate Select Committee on Intelligence’s report on CIA torture.

Thirty-nine men remain in Guantánamo. Thirteen are still under indefinite detention, despite having been approved for transfer out – some over a decade ago. Twelve face charges in the military commissions, while the other 14 are living in a hellish limbo: not yet cleared for a transfer, yet never charged with a crime. Their plight is a relic of the overriding principles that have prevailed at Guantánamo since its inception – cruelty and arbitrariness.

The US government must take swift action to right this wrong: commit to the resolution of each detainee’s case, through their transfer and release without further delay and in accordance with international law. Or if there is sufficient admissible evidence under international law to prosecute internationally recognizable criminal offences this must be done through fair judicial resolution before a regularly constituted federal court without recourse to the death penalty.

Guantánamo is an indelible stain on the United States’ history, a chapter it must now close and never repeat. President Biden owes it to all of us – those who have experienced or watched Guantánamo with horror over the years, and new and future generations just now learning about it – to shut it down once and for all.

Agnes Callamard is the Secretary General of Amnesty International

This article was originally published in Al Jazeera

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