Schlagwort: human rights

Thai authorities should drop charges against child protesters after they took part in mass demonstrations between 2020 and 2022, Amnesty International said today, in the lead-up to World Children’s Day on 20 November. 

Amnesty International has been closely monitoring and documenting the impact of the ongoing, years-long crackdown on child protesters, which has included intimidation, surveillance, and criminalization of their activities.  

The organization has recorded instances of Thai police and other government officials following and monitoring dozens of child protesters, pressuring their family members and school authorities to discourage them from joining protests, and directly threatening to file charges against them and their parents. 

“Many of the people who took part in these unprecedented mass demonstrations starting in 2020 were children at the time, who felt a need to express themselves about matters affecting their futures,” said Katherine Gerson, Thailand campaigner for Amnesty International. 

“Thai authorities must take the opportunity of World Children’s Day to create a safe and enabling environment for freedom of expression and peaceful assembly. We urge authorities to let these young people get on with their lives without unwarranted legal cases hanging over them and impeding their economic, educational and professional opportunities.” 

We urge authorities to let these young people get on with their lives without unwarranted legal cases hanging over them and impeding their economic, educational and professional opportunities.

Katherine Gerson, Amnesty International Thailand Campaigner

Since 2020, an estimated 283 protesters under the age of 18 have been charged with a range of offenses, the majority under an Emergency Decree Act passed during the pandemic that has since been repealed. Others face charges of royal defamation, sedition and the dissemination of what authorities deem to be “false” information. Nearly 200 of these cases are still active. 

“People have been accused of violating a pandemic-related Emergency Decree that no longer exists. This is nonsensical. Thai authorities should immediately drop all charges and refrain from bringing any additional cases against people, including children, for violating this defunct law,” Gerson said. 

On November 22, the Nonthaburi Provincial Juvenile and Family Court will deliver its ruling in the first case of royal defamation involving a child protester named Thanakorn “Petch” Phiraban, an LGBTI+ activist charged for peacefully participating in a protest on 10 September 2020 when they were 17 years old. In this case, Petch faces the maximum sentence of 15 years’ imprisonment.  

“As recent reports in the lead-up to the Asia-Pacific Economic Cooperation summit held in Bangkok suggest, groups of children are still taking to the streets to peacefully express themselves despite the potential risks involved in exercising their human rights. Thai authorities must refrain from violating the right to protest and take steps to actively facilitate children’s full enjoyment of this right.” 

Background: 

In 2020, tens of thousands of young people took to the streets in mass protests against the military-dominated government led by Prime Minister Prayut Chan-o-cha. Peaceful “flash mob” demonstrations began to take place at university campuses and high schools around the country. 

The protest movement rapidly expanded through social media platforms, especially Twitter, where protesters organically coordinated gatherings via hashtags. An overwhelming number of participants at the start of the protests were secondary school students under 18 years old.  

In total, more than 1,800 individuals have been charged for taking part in the protests and expressing their opinions, most of them under the Emergency Decree Act, which was repealed in October 2022.  

Currently, Amnesty International is running the global campaign “Protect the Protest” to ensure people around the world can peacefully demand change without persecution.   

Amnesty International is a global human rights movement, independent of any government, political ideology or economic interest. Raising concerns about human rights violations against individual persons or organizations advocating a particular political position does not imply that Amnesty International supports that person or organization’s platform. 

The post Thailand: Authorities must drop charges against child protesters appeared first on Amnesty International.

Features of Venezuelan human mobility:

• As of September 2022, approximately 7.1 million Venezuelans have left their country.
• Ecuador is the receiving country with the third highest number of Venezuelans in the world, after Colombia and Peru, with 502,214 Venezuelan refugees in the country.
• By the end of 2022, it is expected that there will be 803,000 Venezuelans in Ecuador, 551,000 with Ecuador as their destination and 252,000 in transit.
• Women make up approximately 50% of the Venezuelan refugees in Ecuador.

General figures on gender-based violence in Ecuador:

• According to figures from the National Statistics and Census Institute (INEC), 65 out of every 100 women in Ecuador have experienced some type of violence during their life.
• According to figures provided to Amnesty International by the Attorney General’s Office, between January and August 2022, 19,359 complaints of violence against women were filed in Ecuador.

Figures on gender-based violence against Venezuelan refugee women:

• 72% of the Venezuelan women surveyed by Plan International believed that this population faces some type of gender-based violence in Ecuador.
  • The most common forms of violence are psychological violence in public and private spaces (51%), sexual harassment in the workplace (41%), physical aggression within the home (32%) and income control (10%).
• Signs of under-reporting: The Ecuador Attorney General’s Office registered 64 Venezuelan women victims of physical violence, 521 victims of psychological violence and 4 victims of sexual violence between January and August 2022.
• In transit, particularly in the border areas between Colombia and Peru, Venezuelan women face a high risk of being victims of multiple forms of gender-based violence, including sexual violence and human trafficking for sexual and labour exploitation.
• The visa requirements for Venezuelans who want to enter Ecuador from August 2019, in addition to the closure of borders due to the COVID-19 pandemic between 2020 and 2022, meant that Venezuelans were forced to enter Ecuadorian territory through irregular crossing points mostly controlled by criminal groups that act with impunity.

Lack of access to migration documents

• The majority of Venezuelan women in Ecuador have an irregular migration status. Only 13.37% of the Venezuelan population has regular status (67,185 people).
• Recognition of refugee status
  • Between 2018 and 2022, 27,889 Venezuelans applied for refugee status in Ecuador. In these years, only 1,100 Venezuelans, 555 of them women, have been recognized as refugees. 18,934 applications have been rejected and 7,855 are still being processed.
  • Of the 1,100 refugees recognized between 2018 and 2022, 1,006 have been recognized under the 1951 Convention definition, 60 under the Cartagena Declaration and 34 were unspecified.
• Alternatives to migratory regularization: VERHU and VIRTE visas
  • In August 2019, the state began to require visas for Venezuelan nationals and established the possibility of granting an exceptional temporary residence visa for humanitarian reasons, also known as VERHU.
    • From 26 August 2019 to 27 July 2022, the Ecuadorian state granted a total of 58,425 VERHU visas to Venezuelans. 29,867 visas were granted to women and 28,558 were granted to men.
  • In June 2022, the government announced a new regularization process for Venezuelans through the granting of the Exceptional Temporary Residence Visa for Venezuelan Citizens (VIRTE).
    • The process once again excludes Venezuelan who entered irregularly after 26 August 2019 and requires payment of a fee of 50 US dollars.

Obstacles for Venezuelan women in accessing protection mechanisms

• Lack of information about existing reporting and protection mechanisms
  • Institutional efforts to spread information lack a focus on refugee women
  • Lack of knowledge of care routes is especially prevalent in places where state institutions with a mandate for handling cases of gender-based violence have less presence, such as the southern border of the country.
    • In Huaquillas, the Domestic Violence Department of the National Police (DEVIF) has only two officers for several districts, the Ombudsman’s Office has no permanent staff on the ground and the Attorney General’s Office has no staff specialized in gender-based violence.
• Fear and mistrust of the authorities
  • According to Plan International, 71% of Venezuelan women in Ecuador believe that cases of violence against women are not usually reported, compared with 29% who believed that they were. 27% mentioned mistrust of public institutions as one of the main reasons for not reporting.
  • Venezuelan women reported being afraid to approach state institutions to request help or report acts of violence for fear of being fined money they cannot afford to pay, or even being expelled from the country.
  • Not having received information about their rights, many Venezuelan women are unaware that Ecuadorian law allows them to seek protection or file a complaint with the prosecutor’s office even if they do not have an identity document.

Shortcomings in the state’s response to gender-based violence

• Shortcomings in frontline services to identify and respond to gender-based violence cases, such as the National Police and the health service:
  • Sexist and xenophobic stereotypes by public officials towards Venezuelan women
  • Illegal practices, such as mediation attempts, in cases of violence
  • Lack of human and financial resources
    • According to international standards, Ecuador should have 1,700 shelters for its population. The Human Rights Secretariat has identified the existence of 12 civil society shelters, 4 of which are currently funded by the central government. In 2022, 18.46% of the budget for shelters was cut, leading to the closure of shelters and a reduction in staff.
• Shortcomings in the justice system:
  • Stereotypes towards Venezuelan women
  • Lack of knowledge of applicable regulations, which allow all foreigners to file complaints without restrictions
  • Court proceedings that are slow, re-victimizing and costly in practice

The post Facts and Figures: Unprotected in Ecuador appeared first on Amnesty International.

Ecuador joins countries such as Colombia and Peru in failing on two levels to protect Venezuelan refugees who survive gender-based violence, indicating an alarming regional trend that must be urgently reversed, Amnesty International said today upon publishing a new report. Unprotected in Ecuador: Venezuelan refugee women survivors of gender-based violence reveals how in Ecuador these women also face ever-present violence and a state incapable of guaranteeing, protecting and respecting their right to a life free from violence.

“It is worrying to see that Ecuador, as a state, is joining Colombia and Peru in its unacceptable treatment of Venezuelan women who survive gender-based violence. As the country taking in the third largest number of people fleeing the massive human rights violations in Venezuela, the Ecuadorian state must urgently address and reverse the lack of protection for Venezuelan women,” said Erika Guevara-Rosas, Americas director at Amnesty International.

With 502,214 people in the country as of August 2022, Ecuador is third only to Colombia and Peru in the number of Venezuelan refugees it receives, with those countries having received 2.5 and 1.5 million Venezuelans respectively. The global total is increasing steadily and now exceeds 7.1 million people, while the number of countries restricting their entry and protection continues to rise, as in the case of the United States.

In Ecuador, women and children make up approximately half of these half a million people and most of them are in an irregular migratory situation. Amnesty International believes that Venezuelan people who have fled their country due to massive human rights violations need international protection and should be recognized as refugees. Regardless of their current migratory situation in the country, the organization refers to them as refugee women.

It is worrying to see that Ecuador, as a state, is joining Colombia and Peru in its unacceptable treatment of Venezuelan women who survive gender-based violence

Erika Guevara-Rosas, Americas director at Amnesty International

The research confirmed that the Ecuadorian state is not guaranteeing the rights of Venezuelan women to seek protection as refugees and to a life free from violence. With regard to protection as refugees, the Ecuadorian authorities are not guaranteeing the right of Venezuelan women to apply for refugee status. Despite meeting the conditions of the 1984 Cartagena Declaration’s definition of a refugee in Article 98 of its Organic Law on Human Mobility, the Ecuadorian authorities rarely apply this definition. Between 2018 and 2022, only 555 women were formally recognized as refugees and some women reported that the authorities discouraged them from seeking international protection. With serious obstacles to accessing existing alternative migration regularization mechanisms, Venezuelan women are left in situations where they are at greater risk of violence and discrimination because of their irregular migration status.

In terms of failing to guarantee the right of Venezuelan women to a life free from violence, the report highlights how gender-based violence is a systematic and prevalent problem in Ecuador: two out of every three women suffer from some form of gender-based violence during their life. In this context, Venezuelan refugee women face an even greater risk of physical, psychological, sexual, patrimonial, gynaecological-obstetric and cyber violence in public and private spaces, along their migratory route and in their place of destination. This vulnerability to violence is exacerbated for women in an irregular migratory situation, as is the case for the majority of Venezuelan women in Ecuador, many of whom are afraid to report gender-based violence for fear of being expelled from the country or fined.

Amnesty International identified structural problems in the front-line institutions that identify and respond to cases of gender-based violence, as well as the system of administration of justice in Ecuador. Stereotypes and discrimination based on gender and xenophobia against Venezuelan women, the lack of resources and the lack of institutionalization of good practices contribute to the lack of access to protection mechanisms and the justice system. All of these factors mean that access to justice and reparation for Venezuelan women is a fantasy in practice, violating their right to a life free of violence.

“More than 7.1 million people have fled an unprecedented crisis in Venezuela in recent years. Ecuador, Colombia, Peru and other countries receiving Venezuelans in search of international protection owe them a coordinated, urgent and human rights-based response. Women and girls, particularly survivors of gender-based violence, must always be a priority for protection for all states and we will continue to demand this,” said Erika Guevara-Rosas.

The findings of the report are based on research carried out between June and September 2022, including fieldwork in the cities of Huaquillas, Machala and Quito between August and September. A total of 99 people were interviewed for this research, including 63 women survivors of gender-based violence, 19 representatives from civil society organizations, seven from international organizations and 10 from government bodies. In addition, Amnesty International submitted 10 requests for access to public information and extensively reviewed current legislation, public policies, existing literature and media reports on the subject.

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Following considerable political uncertainty and a decline in the human rights situation in the country, Malaysia’s next government must make the respect and protection of human rights a priority, Amnesty International said before nationwide elections this weekend. 

“Malaysian authorities must ensure full respect for human rights before, during and after the forthcoming elections. Human rights have been under renewed attack, with peaceful demonstrations and freedom of expression online subject to increased restrictions,” said Rachel Chhoa-Howard, Southeast Asia Researcher for Amnesty International. 

In 2022, police have investigated organisers of public rallies, and filed charges against those who express opinions on royalty, race or religion or are critical of the authorities. 

“The next government should end the use of repressive laws which have had a chilling effect and limit Malaysians’ right to express themselves freely online or offline,” Chhoa-Howard said. 

The next government should end the use of repressive laws which have had a chilling effect and limit Malaysians’ right to express themselves freely online or offline.

Rachel Chhoa-Howard, Southeast Asia Researcher for Amnesty International

Amnesty International has published a Human Rights Agenda outlining eight priority issues that those elected to the next government must address.  

Apart from the rights to freedom of expression and peaceful assembly, priority issues also include better protections for refugees and migrants, effective and transparent investigations into deaths in police custody, and abolishing the death penalty. 

In the run-up to elections, there was a standout development, with the government’s promise to abolish the mandatory death penalty. Though bills were tabled in Parliament, elections were called before amendments could be passed. 

“We urge the next government to seize the historic opportunity to abolish the mandatory death penalty as a first step towards full abolition, and urgently table amendments once elected.” 

“These amendments should include alternative punishments that are in line with international human rights standards. At the same time authorities should initiate an individual judicial review of each of the over 1,300 existing death row cases. The moratorium on executions should remain, pending full abolition.” 

There has been renewed outcry around the government’s inhumane policies and punitive actions towards refugees and migrants, including the deportation of over 2,000 people back to Myanmar in collaboration with the Myanmar military. Meanwhile, Malaysian authorities are holding thousands of people, including refugees and asylum seekers, in indefinite detention. 

“The new government must immediately end all forced deportations of people to Myanmar and ensure they are given the opportunity to claim asylum,” Chhoa-Howard said.  

“Malaysia’s new government and leaders must adopt a consistent policy on Myanmar, instead of only criticizing the military while quietly deporting people back to a country which routinely jails thousands and tortures dissidents.”  

Malaysia’s new government and leaders must adopt a consistent policy on Myanmar, instead of only criticizing the military while quietly deporting people back to a country which routinely jails thousands and tortures dissidents.

Rachel Chhoa-Howard, Southeast Asia Researcher for Amnesty International

In addition, Amnesty International is urging the authorities to grant immediate access to detention facilities to the UN Refugee Agency (UNHCR). Those who wish to make asylum claims should be released, and the government should work together with UNHCR to end the system of indefinite detention. 

“Under the next government, upholding the rights of minorities including migrants, refugees, LGBTI and Indigenous peoples must be given special attention, rather than be subject to relentless attack.  

“We hope that the country’s new government and leaders will take the opportunity to reset the current approach, and ensure that all people in Malaysia can freely exercise their human rights. After a period of neglect, human rights should be at the forefront of the government’s agenda.” 

Background: 

Malaysia will hold its national elections on 19 November 2022 for 222 Parliamentary seats. The country has endured considerable political turbulence over the past two and a half years after the Pakatan Harapan coalition fell apart and political infighting within replacement governments ensued. 

For countries around the world, Amnesty International routinely publishes a human rights agenda for election candidates to highlight areas which the organization considers should be at the top of government leaders’ priorities should they be elected. Amnesty International previously published a human rights agenda for candidates ahead of the 2018 elections. 

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The Iranian authorities are seeking the death penalty for at least 21 people in sham trials designed to intimidate those participating in the popular uprising that has rocked Iran since September and deter others from joining the movement, Amnesty International said today. 

Since 13 November, the authorities have announced, in separate statements, that Revolutionary Courts in Tehran have sentenced five unnamed individuals to death for “enmity against God” (moharebeh) and “corruption on earth” (efsad-e fel arz) over what they called acts of arson, destruction of property and fatal assault against a member of the security forces during protests in Tehran province. Since 29 October, state media have regularly reported on the trial of nine men on protest-related charges carrying the death penalty. It is unclear whether the five unnamed individuals sentenced to death are among the nine men. At least 12 other people including a woman are also facing capital charges in connection with the protests. 

Amnesty International issued a detailed analysis today about the cases of the 21 individuals who are at risk and highlighting the deeply flawed nature of the proceedings by Revolutionary Courts amid the authorities’ shocking calls for speedy trials and public executions. 

The Iranian authorities must immediately quash all death sentences, refrain from seeking the imposition of the death penalty and drop all charges against those arrested in connection with their peaceful participation in protests.

Diana Eltahawy, Amnesty International

“The Iranian authorities must immediately quash all death sentences, refrain from seeking the imposition of the death penalty and drop all charges against those arrested in connection with their peaceful participation in protests. The death penalty is the ultimate cruel, inhuman and degrading punishment, its abhorrent nature further compounded by a fundamentally flawed criminal trials devoid of transparency or independence,” said Diana Eltahawy, Amnesty International’s Deputy Director for the Middle East and North Africa.

“Two months into the popular uprising and three years on from the November 2019 protests, the crisis of impunity prevailing in Iran is enabling the Iranian authorities to not only continue carrying out mass killings but also to escalate the use of the death penalty as a tool of political repression. Member states of the UN Human Rights Council holding a special session on Iran next week must urgently establish an investigative and accountability mechanism to address this all-out-assault on the right to life and other human rights.”

Amnesty International fears that many others are at risk of facing the death penalty, given the thousands of people arrested and number of indictments issued by the authorities. 

Amnesty International is urging all governments with embassies in Iran to immediately send high level observers to all ongoing trials where defendants are at risk of being sentenced to death. The Iranian authorities have said such trials will be public.

Individuals facing the death penalty over protests

The cases of the 21 individuals who are at risk of the death penalty are at different stages and taking place before various courts. The cases of those sentenced to death can be appealed before the Supreme Court. 

Six men charged with “enmity against God” (mohraebeh) or “corruption on earth” (efsad-e fel arz) have been referred to a Revolutionary Court in Tehran for a group trial. Their names are Mohammad Ghobadlou, Saman Seydi (Yasin), Saeed Shirazi, Mohammad Boroughani, Abolfazl Mehri Hossein Hajilou, and Mohsen Rezazadeh Gharagholou. Three other men – Sahand Nourmohammad-Zadeh, Mahan Sedarat Madani and Manouchehr Mehman-Navaz – are facing separate trials before Revolutionary Courts in Tehran for alleged criminal conduct amounting to “enmity against God” (mohraebeh). In eight of these cases, the charges carrying the death penalty involve no accusations of intentional killing and primarily stem from acts described as vandalism, destruction of public and/or private property, arson and disturbing public order.

Although the authorities have not disclosed the identities of the five individuals officially announced as having been sentenced to death, information revealed about their charges have led human rights activists to believe that these unnamed individuals are Mohammad Ghobadlou, Manouchehr Mehman Navaz, Mahan Sedarat Madani, Mohammad Boroughani and Sahand Nourmohammad-Zadeh.

Eleven other people are also facing trial on the charge of “corruption on earth” (efsad-e fel arz) before a Revolutionary Court in Karaj, Alborz province. Among them is a married couple, Farzaneh Ghare-Hasanlou and Hamid Ghare-Hasanlou, who is a medical doctor.  

Amnesty International is also aware of another man, 26-year-old Parham Parvari from Iran’s Kurdish minority who has been charged with “enmity against God” in connection with protests. According to his family, he was a bystander who was violently arrested in Tehran while returning home from work during the protests.  

There is evidence that at least three individuals have been subjected to torture and other ill-treatment and that torture-tainted “confessions” have been used against the defendants in court. 

Denial of fair trial rights

Documented violations of fair trial rights against the 21 individuals include denial of the rights to access a lawyer of their own choosing from the time of arrest and throughout the investigation and trial proceedings, denial of the right to be presumed innocent, to remain silent and not to be compelled to incriminate oneself or to confess guilt. Defendants are systematically regularly denied the right to be protected from torture and other-ill-treatment; to obtain full access to relevant evidence; and to receive a fair, public hearing before a competent, independent and impartial tribunal.

Under international law, the imposition of the death penalty following an unfair trial violates the right to life and the absolute prohibition of torture and other ill-treatment.

Officials call for speedy trials and public executions

A parliamentary statement from 227 of 290 Iranian parliamentarians has called on the judiciary to “show no leniency” to protesters by urgently issuing death sentences against them as “a lesson” to others. The Head of the Judiciary, Gholamhossein Mohseni-Ejei, has called for speedy trials and punishments, including executions.  

According to an official document reviewed by Amnesty International, on 9 October, the country’s Prosecutor General, Mohammad Jafar Montazeri, instructed prosecution authorities to expedite criminal proceedings against Mohammad Ghobadlou. In another official document dated 29 September, a senior police chief asked for the trial of Mohammad Ghobadlou to be completed “in the shortest possible time” and that his death sentence be carried out in public as “a heart-warming gesture towards the security forces”. 

Background

Iran has been rocked by a nationwide popular uprising against the Islamic republic system since the death in custody of Mahsa (Zhina) Amini at the hands of Iran’s “morality” police on 16 September 2022. Security forces have responded with unlawful force, including lethal, killing hundreds of men, women and children and injuring thousands of others.

According to a leaked audio file obtained by BBC Persian, the authorities arbitrarily arrested between 15,000 and 16,000 people in the first wave of arrests since the protests began. Those arrested include protesters, journalists, human rights defenders, dissidents, university students and schoolchildren, and many have been subjected to enforced disappearance, incommunicado detention, torture and other ill-treatment, and unfair trials.

On 8 November 2022, the Iranian judiciary announced that 1,024 indictments had been issued in relation to the protests in Tehran province alone, without providing further details on the charges.

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