Schlagwort: Amnesty International

Responding to a court decision that came into force today to indefinitely confine Siberian shaman, Aleksandr Gabyshev, to a psychiatric ward for vowing in 2019 “to purge” President Vladimir Putin from the Kremlin, Natalia Zviagina, Amnesty International’s Moscow Office Director, said:

“Aleksandr Gabyshev has become a symbol of grassroots resistance to the increasingly repressive government of Vladimir Putin, so it is not surprising that the authorities went to such extreme lengths to silence him and smear his name. Once again, the authorities are using ‘psychiatric care’ as a punishment – a method tried and tested during Soviet times.

“It is genuinely shocking to see how easily the life of someone who dares to peacefully express their views and criticize the authorities is destroyed by the powerful and repressive tools of the state.

“Compulsory psychiatric treatment is a form of torture and other ill-treatment. The authorities must refrain from any involuntary therapy and release Aleksandr Gabyshev immediately and unconditionally, as he has been sentenced to indefinite compulsory psychiatric treatment solely for peacefully exercising his right to freedom of expression. The use of punitive psychiatry as a method to silence dissent must stop now.”

BACKGROUND

Today, an appeal by Aleksandr Gabyshev was unsuccessful and the decision on indefinite forced hospitalisation has been upheld.
On 26 July, the Yakutsk City Court ruled that Aleksandr Gabyshev must be confined indefinitely to a psychiatric hospital for compulsory “intensive” treatment. Today the court decision came into force after his defence team lost their appeal. The court declared Aleksandr Gabyshev “insane” and lacking legal capacity, and was found guilty of “using violence against police officers” and “calling for extremism”.

In 2019, Aleksandr Gabyshev became widely known after he walked hundreds of kilometres from Yakutsk to Moscow, promising to use his self-proclaimed magic powers to “purge” President Vladimir Putin from the Kremlin. In September 2019, after travelling around 3,000 km – over a third of the way to Moscow – he was abducted by police and accused of suspected “public calls for extremism”, then briefly placed in a psychiatric hospital for examination. He was released two days after, only to be forcibly hospitalized again in May 2020 – this time purportedly because he refused to be tested for Covid-19. He was released two months later after public outcry, and an international campaign of solidarity, which Amnesty International took part in.

In January 2021, two weeks after Aleksandr Gabyshev announced another march on the Kremlin, 50 police officers broke into his house, arrested him and took him to a psychiatric hospital. This time he was officially charged with making “calls for extremism” and “using violence against police officers”. During his arrest, Gabyshev allegedly tore a riot officer’s uniform and superficially wounded him with a batas, a ceremonial Yakut sword.

For more information or to arrange an interview contact Stefan Simanowitz, press@amnesty.org

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• Current parliamentary session is an opportunity to make significant changes to improve human rights protection
• Gambia Press Union recorded more than 15 assaults on media professionals in the past four years

Despite Gambian President Adama Barrow’s pledge to reform the country nearly five years ago, oppressive laws curtailing human rights including the rights to freedom of expression and peaceful assembly, which were used under former President Yahya Jammeh to suppress peaceful dissent remain operative, Amnesty International said in a new analysis published today.

“Upon assuming power in 2017, President Adama Barrow vowed to carry out critical reform in the country and to reverse the oppression which characterized the previous government. Nearly five years later, Gambia’s legislative landscape has barely changed.”

<strong> Michèle Eken, </strong><br><strong>Amnesty International West Africa researcher.</strong>

“There is still no new Constitution. Punitive and restrictive legal provisions on human rights, particularly the rights to freedom of expression, and peaceful assembly among other issues are still on the statute books. What’s more, the current parliamentary session, which represents one of the rare opportunities to make significant legal reforms and changes consistent with the country’s international human rights obligations before the presidential election in December, is expected to end by next week.”

On 14 February 2018, the Court of Justice of Economic Community of West African States (ECOWAS) issued a judgment that found most Gambian media laws violated freedom of expression. The court asked the government to repeal or amend all criminal laws on libel, sedition, and false news in line with Gambia’s obligations under international human rights law.

However, most of the laws which were used to oppress human rights defenders, activists and journalists during Jammeh’s rule are still in force.

Among the most notorious are:

Section 138 of the Information and Communications Act, which gives national security agencies, investigating authorities and the Public Utilities Regulatory Authority the powers to monitor, intercept and store communications for surveillance purposes without effective judicial oversight. 

As it stands, the current Criminal Code still contains several clauses restricting the right to freedom of expression, criminalizing sedition as related to the President and providing for stiff penalties, including imprisonment, for those who dare to criticize the authorities – a concern for journalists and human rights defenders. It also allows for the confiscation of publications and printing machines.  

Legal provisions muzzle dissenting voices

The Gambian Press Union (GPU) told Amnesty International that the laws continue to create a hostile environment for journalists. While attacks on journalists have fallen under President Barrow, several high-profile arrests have shown the risk of these repressive laws being used to muzzle dissenting voices more widely.

On 30 June 2020, human rights defender Madi Jobarteh was charged with spreading false information under Section 181A of the Criminal Code after he stated during a Black Lives Matter protest on 27 June that the government had failed to investigate the killings of three Gambian citizens by police officers. The charges were dropped the following month.   

On 26 January 2020, the police closed local radio stations King FM and Home Digital FM after they covered a protest that was violently suppressed by the police. Police also arrested and charged the stations’ owners and managers with broadcasting incendiary messages and inciting violence. Although the charges were eventually dismissed by the court, their broadcasting licenses were suspended for one month.

More attacks on journalists are feared as we are coming close to the elections. The country is increasingly polarized, especially because attacks are not investigated. In the last four years, we recorded more than 15 cases of assaults from police and supporters of political parties. Not a single one of those cases was prosecuted.” 

A member of the GPU said.

Public Order Act used to suppress protests

Section 5 of the Public Order Act requiring permission from the police to protest remains in force and has been used to restrict public gatherings over the past five years.

For example, in June 2021, the Inspector General (IG) of police denied permission for a pro-Barrow group, “Gambia for 5 Years and Peace Building”, to protest against a decision of the electoral commission to allow the mayor of the capital Banjul to issue attestations to voters.

In January 2020, the police responded with force when “Three Years Jotna”, a group demanding that President Barrow resigns, allegedly deviated from their approved route while protesting. The authorities then banned the group and arrested four of its members. In May 2021, the Attorney General finally withdrew criminal charges against them.

“The Public Order Act has had a huge bearing on peaceful protests and assembly. They arrest people protesting peacefully without the IG’s permission, they randomly refuse permits. There have been various discussions about it, but it is not moving,” said a member of an international organization working on human rights in Gambia. 

Danger of repressive laws

Despite the many efforts of civil society and the international community, the government has so far failed to pass a new Constitution. Instead, the Gambian parliament rejected a draft Constitution in September 2020.

Therefore, Article 69 of the current Constitution, which provides for full civil immunity and limited jurisdiction over criminal proceedings against the President after he leaves office, remains in place.

The current Constitution also gives blanket immunity to members of the Armed Forces Provisional Ruling Council and individuals appointed by them, as well as any member of the government or individuals allegedly involved in the 1994 coup d’état.

In addition, the death penalty, which was abolished in the draft Constitution, remains. Courts continue to hand down death sentences.

Moreover, members of parliament have yet to pass the Prevention and Prohibition of Torture Bill, which has been pending at the National Assembly since last year.

Positive steps

Despite slow progress in reforming repressive laws, Amnesty International welcomed the enactment of the Access to Information law on 1 July 2021, designed to help the public and the media to access information.

Another positive development has been the National Human Rights Commission, which was established by an act passed by the National Assembly in 2017 and became operational in 2019.

It has the power to “receive and hear complaints from the public on human rights violations, recommend appropriate remedial actions to the Government and seeks appropriate remedial actions on behalf of victims.” The independence of the Commission and adequate resources are crucial for it to carry on being effective and impartial.  

“The establishment of the National Human Rights Commission shows what is possible. Gambians who have waited so long for a recourse when their rights are violated must not wait any longer,” said Michèle Eken.

Amnesty International is calling for alleged perpetrators of human rights violations to be prosecuted following concerns from civil society that members of Jammeh’s regime who admitted to their crimes at the Truth, Reconciliation and Reparations Commission (TRRC) are still in the security apparatus.

The establishment of the Truth, Reconciliation and Reparations Commission was a crucial first step towards fighting impunity. But it cannot be judged a success if the government fails to effectively implement its recommendations.”

<strong>Michèle Eken.</strong>

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In response to today’s Global Covid-19 Summit: Ending the Pandemic and Building Back Better, where US President Biden and EU President von der Leyen announced new commitments to donate an additional 900 million to low and lower-middle income countries by September 2022, Amnesty International’s Secretary General Agnès Callamard, said:

“Fair access to Covid-19 vaccines across the world is our only pathway out of this crisis so we welcome the news that the USA and the EU have committed to new targets in the fight against this pandemic.

“Ensuring everyone in all countries, rich and poor, can be vaccinated is an essential goal to keep us all safe, but the world is already miles off track from the World Health Organization’s current target of ensuring 40% of people in lower-income countries are vaccinated by the end of this year.

“Yes, today’s summit produced large pledges of vaccines that will eventually save lives, but inexplicably delays delivering the vast majority of them until well into 2022. Why wait to act when hundreds of millions of doses are available today and people are dying right now?

Why wait to act when hundreds of millions of doses are available today and people are dying right now?

Agnès Callamard

“The US and EU have together pledged over 1.6 billion vaccine doses – but not until far into 2022. With the right level of urgency and political will, a huge number of these doses could be shared in the next few months – especially as they are projected to be sitting on around 900 million surplus doses by the end of the year.

“Other countries such as UK, Canada and Japan must also step up and make much more ambitious contributions if they are to get serious about meeting the WHO goal for 2021.

“It is essential states and companies work together to deliver 2 billion vaccines to lower-income countries by the end of this year and Amnesty International is calling for a concrete plan detailing when the vaccines are going to be shared and where. If immediate action isn’t taken now, millions more lives will be lost.”

NOTES TO EDITORS

Today marks 100 days until the end of the year and Amnesty International is launching its’ new campaign, 100 Day Countdown: 2 billion Covid-19 vaccines now!.

The organization is calling on states and pharmaceutical companies to deliver 2 billion vaccines to those who need it most starting now, to ensure that the World Health Organisation’s target of vaccinating 40% of the population of low and lower-middle income countries by the end of the year is met.

Projections from data science company Airfinity estimate that the EU, UK, US, Canada, Japan and China are currently sitting on over 500 million surplus vaccine doses – a figure that will rise to over 1.5 billion by the end of the year on current trends.

Over 5 billion vaccines are projected to be produced worldwide between September and December 2021.

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Responding to the arrest of prominent Thai rights activist Panusaya “Rung” Sithijirawattanakul today for alleged sedition and computer-related crimes, Ming Yu Hah, Amnesty International’s Deputy Regional Director for Campaigns, said:

“As Thailand’s protest movement resumes, the Thai authorities continue to abuse their powers to detain and penalize peaceful protesters. For many years, the Thai authorities have tried to systematically silence the voices of activists and human rights defenders.  The arrest of Panusaya today marks just the latest example of the government’s long-running campaign of repression.”

“Panusaya is a student and a prominent protest leader who has been repeatedly targeted by authorities. She is a vocal voice in youth-led calls to uphold freedom of expression and peaceful assembly in Thailand. Arresting Panusaya shows the government has no intention of ending its vilification of human rights defenders and those who call for political reform.”

“To press arbitrary charges against Panusaya under the vaguely-worded Computer Crime Act and the overbroad sedition offence is a disgrace and a clear abuse of powers. The Thai authorities must immediately drop these charges. These laws enable the criminalization of freedom of expression and must be amended or repealed.”

“The continued support of the protests in Bangkok shows that the people of Thailand value their rights to freedom of expression and peaceful assembly. The Thai government must allow individuals to have their voices heard in peaceful assemblies.”

“Amnesty International calls on the authorities to immediately drop all charges against all peaceful protesters, release those still detained and commence meaningful dialogue with demonstrators.”

Background

Thai rights activist Panusaya “Rung” Sithijirawattanakul was arrested today by Thailand’s Technology Crime Suppression Division and charged with sedition and computer-related crimes under Section 116 of the Criminal Code and the Computer Crime Act. Panusaya was later granted bail for 35,000 Baht (approx. USD 1,050).

She faces multiple criminal charges for her peaceful activism and may face up to life imprisonment if convicted.

Panusaya has campaigned tirelessly to promote social justice, equality, democracy and human rights. Authorities have repeatedly detained her and denied other student protesters the right to release on bail. Panusaya was detained from October 15-30, 2020 and from March to May 2021, during which time she contracted Covid-19.

Panusaya took part in groundbreaking, youth-led demonstrations with tens of thousands of mostly students last year that called for social and political reforms. Her arrest today comes amid years-long efforts by the Thai authorities to silence criticism and repress freedom of expression.

In March 2021, the Thai authorities proposed a draft law to regulate non-profit groups as part of efforts to pass repressive legislation that further muzzle civil society groups and non-governmental organizations (NGOs). In the latest iteration, the bill would give the government the power to arbitrarily ban groups, invade organizations’ privacy and infringe on the rights to freedom of expression, association and peaceful assembly.

In response to tens of thousands of protesters taking to the streets to demand democratic reforms throughout 2020 and into 2021 in Bangkok, the capital, and in provinces across Thailand, police have frequently used unlawful, excessive and unnecessary force to disperse peaceful protestors and enacted criminal proceedings against hundreds of demonstrators. 

According to Thai Lawyers for Human Rights, from July 2020 to 20 September 2021, at least 1,341 individuals (182 of them children) have faced criminal charges – including sedition, royal defamation, computer-related crime, violation of the Public Assembly – in 1,040 lawsuits for joining protests.

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Following a decision by a District Court in The Hague to reject a claim brought by Amnesty Netherlands and a coalition of NGOs and individual claimants that the use of ethnicity in stop and searches by Dutch border police was discriminatory, Amnesty Netherlands’ Director, Dagmar Oudshoorn said:

“Today’s ruling that the Dutch border police can continue to use ethnic profiling not only throws international human rights law out of the window, but also tramples Article 1 of the Dutch constitution.

“By ruling that police can target people based on skin colour and race the court has allowed a practice that is in a clear violation of the prohibition against discrimination to continue. We will appeal this decision.”

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