Lebanon: Transfer investigation into death in custody of Syrian refugee to the civilian justice system

The heart-wrenching death in custody this week of Bashar Abdel-Saud, a Syrian refugee who was tortured, must serve as a wake-up call to the Lebanese authorities to address torture in their detention facilities, said Amnesty International today.

Lebanese judicial officials have announced an investigation by the military prosecution, however Amnesty International is calling for the investigation and trial to take place before the civilian justice system.

“Bashar Abdel-Saud cruelly died while in the custody of Lebanon’s State Security agency – the images of his bruised, gashed body offer a distressing reminder of the need to urgently implement the 2017 anti-torture law. It is unacceptable for torture to be continuing to occur in Lebanese detention centres and with such brutality – the authorities must put a stop to it immediately,” said Heba Morayef, Amnesty International’s Regional Director for the Middle East and North Africa.

“While it is a positive measure that a group of security personnel have been remanded in custody for questioning, under human rights law standards, military courts should restrict their jurisdiction to that of military offences by military personnel. To ensure transparency and impartiality, Abdel-Saud’s case must urgently be referred to a civilian court. His family deserves justice and reparations for their tragic loss.”

State Security officers arrested Abdel-Saud from his home in Beirut on 31 August, without presenting an arrest warrant. According to Mohammed Sablouh, the lawyer assigned to Abdel-Saud’s case, the family received a call from a State Security official four days later on 3 September, asking them to collect his dead body from their headquarters in Tebneen, Southern Lebanon. Sablouh and the family refuse to collect the body before they receive an independent and comprehensive forensic report from the doctor who has examined the body.

…the images of his [Bashar Abdel-Saud] bruised, gashed body offer a distressing reminder of the need to urgently implement the 2017 anti-torture law.

Heba Morayef, Amnesty International

Following the uproar caused by leaked pictures and videos revealing bruises and gashes covering Abdel-Saud’s body article, State Security issued a statement saying that he had been arrested for possession of a fake 50$ bill and that he had “confessed” to being a member of ISIS before he died. They also said that the case would be investigated internally.

On 2 September, the government commissioner of the Military Court examined the body and ordered the detention of five officers in the State Security branch in Tibneen, including the Lieutenant in charge and the officers suspected of committing torture.

Mohammed Sablouh told Amnesty International that the authorities had thus far accused Abdel-Saud of three things: “they said he had fake currency, they said he used and dealt with Captagon, and they said he was a member of ISIS. All these are lies. We need a transparent investigation in the civilian court to know what has happened and who is to be held accountable.”

Bashar Abdel-Saud was 30 years old when he died and had three children, including a one-month old child. He had defected from the Syrian army eight years ago and moved to Lebanon to work as a porter. He lived with his family in the Sabra and Shatila camp for Palestinian refugees in Beirut.

His experience of torture was not an isolated one. In March 2021, Amnesty International released a report documenting an array of violations against 26 Syrian refugees, including four children, held on terrorism-related charges between 2014 and early 2021. Among the violations were unfair trial and torture, which included beatings with metal sticks, electric cables and plastic pipes. Authorities failed to investigate the torture claims, even when detainees or their lawyers told a judge in court that they had been tortured.

Abdel-Saud’s case echoes that of Ziad Itani, a Lebanese actor who was arrested by the State Security agency in December 2017 on trumped-up charges of spying for Israel before being tried before a military court. Itani said State Security officers subjected him to severe torture, including beating him with electric cables, tying him up in metal chains, kicking and punching him in the face, and threatening to rape him. He filed a complaint against them in November 2018 but no further steps have been taken to effectively investigate his torture.

“During Lebanon’s last review by the UN Human Rights Council in 2021, the Lebanese government committed to implement the anti-torture law, investigate all allegations of torture and other ill-treatment, hold the perpetrators accountable, and nullify confessions under torture. Yet impunity for torture remains commonplace, with dozens of complaints regarding torture and other ill-treatment filed under the 2017 Anti-Torture Law rarely reaching court and most closed without an effective investigation. It is time for this to stop.” Said Heba Morayef.

Background

Lebanon ratified the Convention Against Torture (CAT) and its Optional Protocol in 2000 and 2008 respectively. In compliance with its obligations under the CAT, Lebanon passed an anti-torture law in 2017, which makes torture a criminal offence.

Under international human rights law, military personnel should be tried before military courts only for breaches of military discipline. Under the Lebanese anti-torture law, the power to prosecute, investigate and try is granted exclusively to ordinary civilian courts. Also, the prohibition of torture applies regardless of the nature of the alleged crime.

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Russia: Former journalist sentenced to 22 years in prison on trumped-up treason charges 

Responding to the news that a Moscow court has sentenced Ivan Safronov, a former journalist and advisor to the head of the national space agency, Roskosmos, to 22 years in jail for “high treason”, Natalia Prilutskay, Amnesty International’s Russia Researcher, said:

“The absurdly harsh sentence meted out to Ivan Safronov symbolizes the perilous reality faced by journalists in Russia today. It also exposes the failings of the Russian justice system and the impunity enjoyed by state agencies, who routinely fabricate cases with little or no evidence to support them.

“Since Ivan Safronov’s arrest in July 2020, his lawyers have been repeatedly obstructed by the authorities. The investigation into his case and the trial itself were marred by numerous procedural violations. It quickly became clear to anyone following the case that this prosecution had absolutely nothing to do with justice.

“Ivan Safronov was tried solely for his journalistic work. His only ‘crime’ was collecting information from open sources and being acquainted with and befriending foreigners. The Russian authorities must urgently quash his conviction and sentence and must be immediately released.”

Background

On 5 September, Moscow City Court sentenced Safronov to 22 years in a strict regime penal colony after finding him guilty of two counts of “state treason”.  

Safronov, who previously worked as a reporter for Kommersant and Vedomosti, was arrested on 7 July 2020. He was charged with “state treason” for allegedly sharing sensitive state information with two foreign nationals when working as journalist.

Lawyers representing Safronov maintain that all information he collected was acquired from, and remains available from, open sources.

Political scientist Demuri Voronin, one of the two people who allegedly received sensitive information, admitted in court that he had borne false witness against Safronov.

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Algeria: Drop all charges against members of a religious minority

Algerian authorities should immediately drop all charges against 18 members of the Ahmadi Religion of Peace and Light minority group and release three of them who have been detained since June, Amnesty International said today, ahead of their trial on 6 September for “participating in an unauthorized group” and “denigrating Islam”.

“It is a travesty of justice that these individuals are being detained or prosecuted over their religious beliefs,” said Amna Guellali, Amnesty International’s Deputy Regional Director for the Middle East and North Africa. “They should be allowed to peacefully practice their religion without risking intimidation or reprisals from the authorities.”

Three members of the religion continue to be held in detention despite their lawyers appealing for their release on three separate occasions. The court rejected the lawyers’ requests on the grounds that the investigation is ongoing.

It is a travesty of justice that these individuals are being detained or prosecuted over their religious beliefs.

Amna Guellali, Amnesty International

In an interview with Amnesty International before his arrest and detention, Redouane Foufa, the group’s coordinator in Bejaia, said that around 30 soldiers had previously searched the house he shares with other members of the group, and seized ID cards, passports, phones and laptops.

Yasmine Guissi, Redouane Foufa’s niece, told Amnesty International: “In the beginning, the families were hopeful. We were thinking they would be released, but it kept dragging on and now it is really hard. Their kids keep asking, ‘where is baba?’ The kids are not allowed to go to visit them, and anyway the family can only visit once every two weeks.”

Souhila Benkaddour, the wife of Cherif Mohamed Ali, another detained member of the group, discovered she was pregnant after her husband was detained, yet was unable to tell him the news. Cherif found out two weeks later from his lawyer.

She told Amnesty International: “When I found out that I was pregnant, after four years of waiting, I kept the images of our baby in my womb from the first scan to show to my husband when he got out of prison.…  Today I am living another joy while he is absent – I found out the gender of our newborn boy. God willing, my husband will be present with me during the birth.”

Background

The 18 members of the Ahmadi group face trial at the first instance court in Bejaia on 6 September, having been charged under Article 46 of the Law on Associations and Article 144 bis 2 of the Algerian Penal Code.

The Ahmadi Religion of Peace and Light was established in 1993. The religious group, which has around 70 active members in Algeria, follows the teachings of Imam Mahdi and venerates Imam Ahmed al-Hassan as its divine guide. Under the International Covenant on Civil and Political Rights, which Algeria has ratified, governments must ensure the right to freedom of religion, thought, and conscience of everyone under their jurisdiction, and in particular to religious minorities. This right includes the freedom to exercise the religion or belief of one’s choice publicly or privately, alone or with others.

However, in 2006, Algeria passed Decree 06-03 which introduced restrictions on the exercise of religions other than Islam. Between 2017 and 2022, Algerian authorities used both this Decree and the Penal Code to prosecute hundreds of non-Sunni believers and to close several Protestant churches.

Algeria’s new Constitution, adopted in November 2020, dropped freedom of religion and belief from the Rights and freedoms chapter, and only upheld “freedom to practice religion” while stating that it “must be exercised in respect of the law.”

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Myanmar: Former UK ambassador, artist husband jailed for one year

Responding to reports that former UK ambassador Vicky Bowman and her Burmese husband Htein Lin have been sentenced to one year in prison on immigration charges, Amnesty International’s Deputy Regional Director for Campaigns Ming Yu Hah said:

“Since the coup, we have seen activists, artists, journalists, students, business owners, and medical professionals arbitrarily detained and jailed by the military on the slightest pretext.

“The latest reports on the conviction of the former UK ambassador and her Burmese artist husband are extremely concerning. Myanmar’s military has a notorious track record of arresting and jailing people on politically motivated or trumped-up charges.

“More than 15,000 people have been arrested since the military seized power in a coup last year, and many are languishing in a vast network of detention and interrogation facilities where they have faced torture or other ill-treatment.”

Background:

Media reports on 2 September said Vicky Bowman and her husband Htein Lin had been sentenced to a year in prison. The military authorities previously said in a statement that both had been accused of violating immigration laws with regard to their registered address.

Bowman is the head of the Myanmar Centre for Responsible Business, which advises companies on human rights issues in the country. She was the UK ambassador to Myanmar from 2002-2006. Her husband, Htein Lin, is a former political prisoner and prominent artist.

Myanmar has arrested more than 15,000 people since the military seized power in a coup on 1 February, 2021, according to the Assistance Association for Political Prisoners. It has also carried out four executions, the first in the country for decades.

Those detained include peaceful protesters, former civilian leader Aung San Suu Kyi, and several of her top allies such as ousted President Win Myint. Both are facing numerous trumped-up or politically motivated charges.
Conditions in Myanmar detention facilities are dire, as Amnesty International documented the recent report “15 Days Felt like 15 Years,” which showed how torture and other ill-treatment is used to crush resistance to the coup.

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India: The Government must end the repression of rights in Jammu and Kashmir


India: The Government must end the repression of rights in Jammu and Kashmir

The Indian government has drastically intensified the repression of rights in Jammu & Kashmir in the three years since the change in status of the region, Amnesty International said in a new briefing released today.

The new briefing, “We are being punished by the law”: Three years since of abrogation of Article 370 in Jammu & Kashmir, documents how civil society at large and journalists, lawyers, human rights defenders in particular have faced relentless interrogations, arbitrary travel bans, revolving door detentions and repressive media policies while blocking access to appeals or justice in courts and human rights bodies.

“For three years now, civil society and media in Jammu and Kashmir have been subjected to a vicious crackdown by the Indian government, which is determined to stifle dissent using draconian laws, policies and unlawful practices in their arsenal,” said Aakar Patel, chair of the board of Amnesty International India.

“By harassing and intimidating critical voices, authorities are targeting all credible, independent sources of information in and about Jammu and Kashmir. There is a silence achieved on all dissent through heavy handed repression which has spread fear and uncertainty in the region.”

"People of Jammu & Kashmir are… treated as someone who needs to be subjugated or needs to be shown the right path. For heaven’s sake, do people of Jammu and Kashmir have no agency of their own? If Jammu & Kashmir is an integral part of India, so are its people." says a senior journalist from Kashmir

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For three years now, civil society and media in Jammu and Kashmir have been subjected to a vicious crackdown by the Indian government which is determined to stifle dissent.

Aakar Patel, chair of the board of Amnesty International India

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Assault on Freedom of Expression and Movement

Amnesty International has recorded at least 60 instances of crackdown on journalists and human rights defenders since August 2019.

A Kashmiri journalist who has been harassed by the authorities told Amnesty International, “They (security forces) tell you in so many ways – subtle as well as brazen – that the cost of pursuing journalism in Jammu & Kashmir is huge.”

The Indian government has total control on information coming of out of the region after passing restrictive media policies such as the 2020 Revised Media Policy and 2021 Film Policy. After an initial six-month internet shutdown, the Indian authorities still often suspend internet services in various parts of Kashmir often without any prior notice. In addition, the sudden forced closure of the Kashmir Press Club in 2022 by the Indian government was a big blow to the already disintegrating media pool.

Amnesty International also found that in the last three years, at least six individuals including journalists, human rights activists and academics were stopped from travelling abroad (despite having requisite travel documents) in violation of their right to freedom of movement through arbitrary executive actions not backed by any court order or warrant or even a written explanation.

Kashmiri journalists hold placards during a protest against the high handedness of Indian forces in Srinagar, Indian Administered Kashmir on 18 December 2019. Journalists took to the streets after some of the journalists were beaten by Forces yesterday while they were covering the student protests in old city srinagar. (Photo by Muzamil Mattoo/NurPhoto via Getty Images)

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Abuse of security laws and agencies

According to the data gathered by Amnesty International, at least 27 journalists have been arrested and detained by the Indian authorities since 5 August 2019. 

Several journalists including Fahad Shah, Aasif Sultan and Sajad Gul have been subjected to ‘revolving door’ arrests. In a continuing pattern, they have been arrested under one law, granted bail by the court, and then re-arrested almost immediately under the Unlawful Activities (Prevention) Act (UAPA) – India’s primary anti-terror law in Jammu & Kashmir, keeping them perpetually detained.

A lawyer who handles such cases in southern Kashmir told Amnesty International, “Since 2016, the increased malicious use of anti-terror laws makes it difficult for people to secure bail. [It] provides more flexibility to the police in keeping the person in pre-trial detention for 180 days even though the… chargesheets filed by the police [reads] nothing less than a fiction book or novel.”

Amnesty International reviewed 1346 cases available on the website of the High Court of Jammu & Kashmir. It found that by 1 August 2022, the number of writ petitions have increased by 32%, indicating an increase in unlawful detention in the last three years. Amnesty International also reviewed the data published by National Crime Record Bureau and found that there has been a 12% increase in the use of UAPA in Jammu & Kashmir since 2019. This emerging trend of using the draconian UAPA in addition to the much-abused Public Safety Act (PSA) is also evidenced by an analysis of information on the High Court’s website.

Other intimidation tactics include malicious investigations and raids by the National Investigation Agency (NIA), and the Enforcement Directorate. 

A senior editor of a prominent daily newspaper told Amnesty International, “When the NIA raids a journalist’s house or the Enforcement Directorate threatens an editor with false cases, it does not only impact that journalist or editor but the entire community. They fear they can be next. It has become impossible for journalists to continue their work independently.”

In 2020, the NIA conducted multiple raids on the residences and offices of well-known human rights defenders like Khurram Parvez, three of his associates and Parveena Ahanger. Raids have also been carried out on the offices of the newspaper Kashmir Times,NGOs Athrout and GK Trust and on the residence of Agence France-Presse’s Kashmir correspondent Parvez Bukhari.

Amnesty International spoke with Khurram Parvez’s wife, Sameena after his subsequent arrest. She recounted, “The NIA officials seized the (personal) phones of everyone (in the joint family) including our domestic help along with office laptops. In total, there were 21 devices… they kept asking about some of the names in his (old) diary and on a bunch of visiting cards. How can that be used to charge Khurram under India’s anti-terror law and accuse him of waging a war against the country?”

Raids without a legal basis constitute a clear violation of the right to freedom of expression, as enshrined in the International Covenant on Civil and Political Rights.

"Use of UAPA has increased in Kashmir which… provides more flexibility to the police in keeping the person in pre-trial detention for 180 days even though (the charges) filed by the police are nothing less than a fiction book or novel." says a Lawyer for PSA cases in kashmir
“When the NIA raids a journalist’s house or the Enforcement Directorate threatens an editor with false cases, it (impacts)… the entire community. They fear they can be next. It has become impossible… to work… unless you carry out the Indian government’s propaganda unquestioningly.” Says a senior editor in Kashmir

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Unlawful Killings

The people of Jammu & Kashmir, in particular the Hindu minority community have faced unlawful killings by armed groups which have recently increased. An analysis of the official data by the Government of India shows that unlawful killings of civilians by armed groups have increased by 20% in the past three years. 

Additionally, the government recently revealed that Jammu & Kashmir accounted for the highest number of deaths involving the police (police encounters) in India between April 2020 and March 2022. There is a lack of accountability for use of force in the region by the police due to the continued enforcement of the Armed Forces (Special Powers) Act (AFSPA) which grants them additional powers and impunity and falls short of international human rights standards.

The government has a duty under international law to take measures to protect civilians and to bring to justice those who order, plan and carry out such attacks or killings in a fair trial without resorting to the death penalty.

"We are being punished by the law… We can challenge the injustice, but these violations are emanating from the lawbooks. PSA is law. UAPA is law. FIRs are law," says a journalist in kashmir

The Indian authorities must end the long-drawn repression in Jammu and Kashmir immediately.

Aakar Patel

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Amnesty International calls on the Indian government to immediately release those arbitrarily detained under administrative detention and other repressive laws and ensure that they are tried promptly and fairly in a regular court.

Amnesty International also calls on the international community to hold the Government of India accountable for its grave human rights violations in Jammu & Kashmir and ensure its cooperation with United Nations Mechanisms and facilitate immediate and independent investigation in the region.

“The government’s use of unlawful measures and unjust barriers impeding various rights in the region must be removed without further delay. The Indian authorities must end the long-drawn repression in Jammu and Kashmir immediately,” said Aakar Patel.

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