Schlagwort: human rights

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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In response to the detention for over 90 days of student leaders Wasantha Mudalige and Galwewa Siridhamma Thero, under the draconian Prevention of Terrorism Act (PTA), Thyagi Ruwanpathirana, Amnesty International’s South Asia Regional Researcher, said:

“The continued targeted persecution of student leaders in Sri Lanka has a chilling effect on civil society and the right to protest. The baseless terror charges against Wasantha Mudalige and Galwewa Siridhamma Thero must be immediately dropped and any extension of the detention order must be stopped.”

The baseless anti-terror charges against Wasantha Mudalige and Galwewa Siridhamma Thero must be immediately dropped and any extension of the detention order must be stopped.

Thyagi Ruwanpathirana, Amnesty International’s South Asia Regional Researcher

“The use of counterterrorism charges against protesters is excessive and disproportionate, yet they have time and again been used by the Sri Lankan authorities against critics and minorities to silence dissent. Detaining protesters under counterterrorism charges is a clear violation of the rights to freedom of expression and peaceful assembly guaranteed by the Constitution of Sri Lanka and the International Covenant on Civil and Political Rights, to which Sri Lanka is a state party. International human rights law requires that counterterrorism laws must not be used to criminalize those who either organize or participate in peaceful assemblies.”

“The Sri Lankan authorities must repeal the PTA, which does not meet international human rights standards, and must uphold their already stated commitment to end its use. The authorities should immediately review the detention of all those held under the PTA, ensuring adequate access to fair bail hearings. They should also release all protesters facing similar charges that do not meet international standards.”

International human rights law requires that counterterrorism laws must not be used to criminalize those who either organize or participate in peaceful assemblies.

Thyagi Ruwanpathirana

Background:

Sri Lankan student leaders Wasantha Mudalige, the convener of Inter University Students’ Federation and Galwewa Siridhamma Thero, the convener of Inter University Bhikku Federation have been detained by the Sri Lankan authorities since 18 August 2022. They had their detention extended for 90 days on 21 August 2022 under the draconian Prevention of Terrorism Act (PTA) amidst an ongoing crackdown on protesters by the authorities.

Their family members and lawyer have raised concerns about their safety and deteriorating health while in detention. Amnesty International has issued an Urgent Action on the arbitrary detention of the student leaders.

Amnesty International has previously documented the crackdown by the Sri Lankan authorities on protesters who now face intimidation, harassment and arrest. The suppression of protest and the rights to freedom of peaceful assembly, movement and expression must stop and the government must protect the right to protest.

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With the 2022 FIFA World Cup kicking off in Qatar on 20 November, the Gulf state will be under the global spotlight. Since FIFA awarded the tournament to Qatar in 2010, the dire situation for migrant workers in the country has been widely publicized. Migrants and domestic workers continue to face a range of abuses including wage theft, forced labour, and exploitation. 

But the treatment of migrant workers is just one of a range of violations that make up the state’s troubling human rights record. Qatar’s authorities repress freedom of expression, freedom of the press and freedom of association; unfair trials remain concerning; women continue to face discrimination in law and practice; and laws continue to discriminate against LGBT individuals. 

Here are six things you need to know. 

1 – Freedom of expression and press freedom 

The Qatari authorities use abusive laws to stifle those who are critical of the state, including both citizens and migrant workers. Amnesty International has documented cases of Qatari citizens who have been arbitrarily detained after criticizing the government, and sentenced following unfair trials based on confessions obtained coercively. Meanwhile, Malcolm Bidali, a Kenyan security guard, blogger and migrants’  rights activist, was forcibly disappeared and held in solitary confinement for a month for highlighting the plight of migrant workers.  

Qatar has little independent or critical media. The country’s authorities limit press freedom by imposing restrictions on broadcasters, including by banning filming in certain locations such as government buildings, hospitals, universities, migrant workers’ accommodation sites and private homes.  

2 – Freedom of association and assembly 

Migrant workers remain barred from forming or joining trade unions. Instead, they are permitted to form Joint Committees, an initiative led by employers to allow workers’ representation. To date, however, the initiative is not mandatory and covers only 2% of workers, falling far short of the fundamental right to form and join trade unions.  

Citizens and migrant workers alike face repercussions for peaceful assembly. For instance, in August 2022, hundreds of migrant workers were arrested and deported by state authorities after protesting on the streets of Doha after their company repeatedly failed to pay their wages.  

3 – Unfair trials 

Fair trials are far from guaranteed in Qatar. Over the last decade, Amnesty International has documented cases of unfair trials where defendants’ claims of torture and ill-treatment were never investigated, and sentences were handed down based on coerced “confessions”. Often, defendants were interrogated while held in incommunicado detention without access to a lawyer or translator.  

Jordanian national Abdullah Ibhais, for example, is serving a three-year prison sentence following an unfair trial in Qatar, which was based on a “confession” of his that he claims was obtained coercively. 

4 – Women’s rights 

Women continue to face discrimination in law and practice in Qatar. Under the guardianship system, women require the permission of their male guardian, usually their husband, father, brother, grandfather or uncle, to marry, study abroad on government scholarships, work in many government jobs, travel abroad (if under the age of 25), and access reproductive healthcare.  

Family law discriminates against women, who face greater difficulties seeking a divorce, and more severe economic disadvantages if they do so, compared to men. Women also continue to be inadequately protected against domestic and sexual violence. 

5 – LGBT rights 

Qatari laws discriminate against LGBT people. Article 296(3) of the Penal Code, criminalizes a range of same-sex consensual sexual acts, including potential jail terms for anyone who “leads or induces or tempts a male, by any means, into committing an act of sodomy or debauchery”. Similarly, Article 296(4) criminalizes anyone who “induces or tempts a male or female, by any means, into committing acts contrary to morals or that are unlawful”. 

In October 2022, human rights organizations documented cases in which security forces arrested LGBT individuals in public places — based solely on their gender expression — and searched their phones. They also said it was mandatory for transgender women detainees to attend conversion therapy sessions as a requirement for their release. 

6 – Labour rights 

Despite the government’s ongoing efforts to reform Qatar’s labour system, abuses remain rife across the country. While conditions have improved for some workers, thousands are still facing issues such as delayed or unpaid wages, denial of rest days, unsafe working conditions, barriers to changing jobs, and limited access to justice, while the deaths of thousands of workers remain uninvestigated. Although a fund has started to pay out significant amounts to workers who have had wages stolen, hundreds of thousands of migrant workers have still not been compensated for labour abuses faced in the past decade. 

Forced labour and other forms of abuse continue unabated, particularly in the private security sector and for domestic workers, most of whom are women. The payment of extortionate recruitment fees to secure jobs remains widespread, with sums ranging between US$1,000 and US$3,000. It takes many workers months or even years to repay the debt, which ultimately traps them in cycles of exploitation. 

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Responding to the news that Kuwait plans to execute seven prisoners tomorrow after a five-year hiatus in executions, Amna Guellali, Amnesty International’s Deputy Regional Director for the Middle East and North Africa, said:

“The Kuwaiti authorities must immediately halt these executions. The death penalty is a violation of the right to life and the ultimate cruel, inhuman and degrading punishment. Amnesty International opposes the death penalty in all cases without exception, regardless of the nature or circumstances of the crime, the guilt, innocence or other characteristics of the offender or the method used by the state to carry out executions.

The death penalty is a violation of the right to life and the ultimate cruel, inhuman and degrading punishment

Amna Guellali, Amnesty International

“While the Kuwaiti authorities have a duty to bring those responsible for serious crimes to justice, suspects must be tried in accordance with international law in trials that meet Kuwait’s international human rights obligations.

“Kuwait must urgently commute these and all other death sentences to prison terms and review its laws on the death penalty. The authorities must immediately establish an official moratorium on executions with a view to abolishing the death penalty entirely.”

Background:

On 14 November 2022, Counselor Mohammed Al-Duaij of the Office of Public Prosecution announced that seven individuals — four Kuwaiti men, a Syrian man, a Pakistani man and an Ethiopian woman —would be executed on 16 November, having been convicted of murder. Al-Duaij told the Kuwait daily newspaper al-Qabas that the announcement of such executions “acts as a deterrent” and that executions are “a legitimate matter for retribution”, citing a verse from the Quran.

If carried out, these executions would be the first to take place in Kuwait since 25 January 2017, when a group of seven people, including one member of the royal family, were hanged in a mass execution.

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Six months after President Hassan Sheikh Mohamud took office, his government has yet to make good on its promises to guarantee justice and security for the people of Somalia. Amnesty International is today presenting the Somali government with a 10-point plan, outlining the steps it must take to improve the human rights situation in the country.

In May 2022, the government stated that its priorities would include security, justice, reconciliation, and social development. However, more commitment and action is required to improve and prioritize human rights, to ensure accountability for violations and abuses, and to protect civilians.

“The election of President Hassan Sheikh Mohamud in May 2022 was an opportunity for the new administration to address many of the country’s outstanding human rights challenges, and to draw support from the international community to ensure sustainable change and progress in the promotion and protection of human rights in the country,” said Muleya Mwananyanda, Amnesty International’s Regional Director for East and Southern Africa.

The election of President Hassan Sheikh Mohamud in May 2022 was an opportunity for the new administration to address many of the country’s outstanding human rights challenges

Muleya Mwananyanda, Amnesty International’s Regional Director for East and Southern Africa.

“However, no concrete measures have been taken to prevent violations of human rights, to hold suspected perpetrators accountable for their actions, or to ensure access to justice and effective remedies including adequate compensation for victims. The government must prioritise the protection of civilians by ensuring that all Somali security forces receive appropriate training in human rights and humanitarian law. The government should also instruct all security forces not to target civilians and civilian objects during military operations.”

Amnesty International’s 10-point human rights agenda sets out what the Somali government must do:

* Protect civilians in conflict

By ensuring members of the military, police, and other government officials allegedly responsible for human rights violations are brought to justice in fair proceedings.

* Reform the judicial system

By creating a credible, fair, impartial and independent civilian judicial system. Authorities should also end the practice of trying civilians, including journalists, in military courts.

* Ensure justice and reparation for abuses committed by foreign forces 

The government should seek reparations including compensation from the US government and from AMISOM (now ATMIS) for survivors and families of victims of unlawful attacks.

* Uphold and respect freedom of expression

By reviewing the problematic provisions of the media law, the penal code, and all other laws and directives that unduly restrict the right to freedom of expression and bring these laws in line with Somalia’s constitution and international human rights obligations. Authorities must also stop harassing and persecuting veteran journalist and media advocate, Abdalle Ahmed Mumin, by dropping all pending charges against him at the Banadir court, and by lifting travel restrictions against him.

* Guarantee and adequately resource access to the right to health for everyone

By ensuring proceeds from debt relief process are used to progressively increase health budget allocations from the current 2% to ultimately meeting the Abuja Declaration target of 15%.

* Protect Internally Displaced Persons and end forced evictions

By ensuring that both security forces and private actors do not carry out forced evictions including of displaced people across the country.

*Safeguard children’s rights

By fast tracking the children’s Bill, protecting children from recruitment by armed groups and finalising the Female Genital Mutilation Bill.

* Safeguard women and girls’ human rights and protect them from sexual violence

By prioritising the enactment of laws that prohibit all forms of violence against women and girls.

*Mitigating against climate change and other crises

*Establish and operationalize the National Human Rights Commission

Tackling impunity, a priority

The ongoing conflict between Somali authorities and the armed group Al- Shabaab, which also involves allied regional and international forces including AFRICOM and AMISOM (now ATMIS), continues to have a devastating toll on civilians.

Over the years, Amnesty International has documented indiscriminate attacks, unlawful killings of civilians, torture, rape and other violations by all parties to the conflict including Somali security forces and allied militia in military operations. While successive governments have committed to security reforms, no meaningful improvements have been made, and impunity for violations remains widespread. This new government needs to prioritize accountability and tackle impunity for human rights violations.

 This new government needs to prioritize accountability and tackle impunity for human rights violations.

Muleya Mwananyanda

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