Schlagwort: human rights

Today, the European Parliament holds a debate on a report showing that human rights have deteriorated in Hungary since the EU Parliament triggered Article 7 procedures against the country for serious breaches of EU values. Responding to the debate, Eve Geddie, Director of Amnesty International’s EU office, said:

“The alarm bell rung by the European Parliament echoes Amnesty International’s longstanding concerns about the human rights crisis in Hungary. In the four years since Article 7 was triggered, Hungary’s human rights record has only continued to deteriorate. Authorities have attacked the independence of the judiciary, refused to ratify a treaty protecting women from violence, passed homophobic and transphobic laws, cracked down on refugees and asylum seekers and suppressed freedom of expression and association. All of this must immediately be reversed.

“The European Parliament’s report, which is up for adoption tomorrow, kicks the door wide open for the Council to stop years of foot-dragging over Hungary’s relentless attacks on human rights and the rule of law.

“The EU must continue to use all political, legal and financial means available to stop the human rights backsliding in Hungary. The EU and its member states must not fall for cosmetic measures introduced in a rush to secure EU funds. Real change is needed to guarantee true respect for human rights and the rule of law, in line with the founding values of the EU. “

Background

On 12 September 2018, the European Parliament triggered Article 7, a mechanism to hold accountable governments whose actions threaten the European Union’s rule of law, human rights, and democratic principles.

The European Parliament’s report, expected to be adopted tomorrow, provides a concerning update on the human rights situation in Hungary and clear the way for the Council to take effective next steps. Such steps may include adopting specific, mandatory recommendations for the Hungarian authorities to implement by a set deadline and, absent any concrete steps toward compliance, work toward the required four-fifth vote to determine that there is a clear risk of a serious breach of the values protected by the EU treaty. Such a determination would open up the possibility to move towards sanctions such as the removal of voting rights, if the Council were to unanimously determine there is indeed a serious and persistent breach of these values.

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States engaging at the UN Human Rights Council must call on the Iranian authorities to stop concealing the mass graves of victims of the 1988 “prison massacres” and immediately open an international investigation into the extrajudicial execution and enforced disappearance of thousands of dissidents amounting to ongoing crimes against humanity, Amnesty International said today.

In recent months, Iranian authorities have erected fresh two-metre-high concrete walls months around the Khavaran mass graves outside Tehran where the remains of several hundred political dissidents executed in secret in 1988 are believed to be buried. The construction has sparked serious concerns that the authorities can more easily destroy or tamper with the mass grave site away from public view as the site is no longer visible from the outside and its entrance is guarded by security agents who only permit relatives to enter on certain days.

“The Iranian authorities cannot simply build a wall around a crime scene and think that all their crimes will be erased and forgotten. For 34 years, the authorities have systematically and deliberately concealed and destroyed key evidence that could be used to establish the truth about the scale of the extrajudicial executions carried out in 1988 and obtain justice and reparations for the victims and their families,” said Diana Eltahawy, Deputy Director for the Middle East and North Africa at Amnesty International.

“It should shock the conscience of humanity that thousands of political dissidents remain forcibly disappeared in Iran, while those who should be investigated for serious crimes under international law have risen to top executive and judicial positions where they continue to inflict suffering on relatives. This abomination must end once and for all, and the UN Human Rights Council must urgently establish an independent investigative mechanism to uncover the truth and as a step towards bringing those suspected of responsibility to justice.”

Five security cameras have also been erected both inside the Khavaran mass grave site and in the street outside to intimidate mourning families and deter members of the public from visiting the site to pay their respects.

The Khavaran mass graves lie in a grave site outside Iran that also contains several individual graves belonging to political dissidents executed in the early 1980s and Golestan Javid cemetery where the persecuted Baha’i minority bury their loved ones.

Amnesty International has reviewed photographs and video footage of the new walls and security cameras to corroborate the accounts of family members who have visited the Khavaran mass grave site since late May 2022.

The Iranian authorities cannot simply build a wall around a crime scene and think that all their crimes will be erased and forgotten.

Diana Eltahawy, Amnesty International

For over three decades, the Iranian authorities have tried to cover up evidence of the prison massacres by repeatedly bulldozing over confirmed or suspected mass grave sites and destroying ad hoc grave markings and trees planted by families.

Relatives, survivors and human rights defenders have been consistently forbidden from gathering at mass grave sites to commemorate the victims and prevented from erecting memorials or laying flowers. Some have been prosecuted and jailed in reprisal for seeking truth and justice.

Some mass grave sites have even been turned into rubbish dumps. In April 2021, the Iranian authorities also pressured members of the persecuted Baha’i minority to bury their loved ones at the Khavaran mass grave site.

To further conceal the fate and whereabouts of the victims, the authorities have also refused to issue death certificates and removed victims’ names from burial records.

UN Human Rights Council must heed expert calls for an international investigation

In September 2020, a group of UN experts including the UN Working Group on Enforced and Involuntary Disappearances (WGEID), warned that past and ongoing violations related to the prison massacres in Iran in 1988 “may amount to crimes against humanity” and that they will call for an international investigation if these violations persist.

In August 2021, WGEID reiterated its concerns about the ongoing concealment of burial sites, recalled that the crime of enforced disappearance continues until the fate and whereabouts of the individuals concerned are established, and called for an international investigation.

“States engaging at the UN Human Rights Council have a moral obligation to stand with families, victims, and survivors of atrocities in Iran including the 1988 prison massacres and heed the calls of UN experts for the establishment of an international investigative mechanism. Members of the international community, including those involved in nuclear talks with Iran, must not shy away from speaking up for political gains. They should take concrete measures to tackle the ongoing crisis of systemic impunity in a country which has seen the rise to presidency of Ebrahim Raisi, who must be investigated for crimes against humanity,” said Diana Eltahawy.

Background

Not a single official has been brought to justice in Iran for the past and ongoing crimes against humanity linked to the 1988 “prison massacres”; and some of those involved hold or have held high positions of power in Iran. Iran’s current president and former head of the judiciary Ebrahim Raisi was a member of the “death commission” which carried out the enforced disappearance and extrajudicial execution of several thousand political dissidents in Evin and Gohardasht prisons near Tehran between late July and early September 1988.

Other members of the so-called “death commissions” who must be investigated for crimes against humanity include Alireza Avaei, who was the minister of justice from 2017 to 2021; Hossein Ali Nayyeri, who is the head of the Supreme Disciplinary Court for Judges; Mohammad Hossein Ahmadi, who is a current member of a key constitutional body; and Mostafa Pour Mohammadi, who was the minister of justice between 2013 and 2017 and is currently a senior advisor to the head of the judiciary. 

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The first report of the UN Special Rapporteur on the situation of human rights in Afghanistan must serve as a wakeup call to the international community on the urgent need for establishment of an accountability mechanism to end the gross human rights violations by the Taliban in Afghanistan, said Amnesty International today as the Special Rapporteur presented his first report to the 51st session of the Human Rights Council.

We welcome the Special rapporteur’s report which is a critical addition to the existing documentation
of the ongoing crisis the people in
Afghanistan are facing.

Yamini Mishra, South Asia Regional Director at Amnesty International

“We welcome the Special rapporteur’s report which is a critical addition to the existing documentation of the ongoing crisis the people in Afghanistan are facing. The Special Rapporteur highlights the significant reversal of gains made in Afghanistan when it comes to women’s rights, girls’ education, protection of minorities, access to justice, freedom of expression and association among other critical rights. We are deeply concerned that these human rights violations and abuses continue with impunity in the absence of a mechanism to hold the Taliban de- facto authorities accountable,” said Yamini Mishra, South Asia Regional Director at Amnesty International.

Despite the promises made by the Taliban at the Doha Peace Negotiations and in subsequent announcements as they gained Afghanistan control in August 2021, the Taliban have not adhered to their own announced ‘general amnesty’. Enforced disappearances, arbitrary arrests, extra judiciary killings, revenge killings of different groups especially of former Afghan National Defence and Security Forces (ANDSF) and government officials, targeting of communities based on ethnic and religious identity such as Hazaras, and targeted killings of members of the National Resistance Front (NRF) and members of Islamic State of Khorasan Province (IS-KP) with near blanket impunity has continued in the last 12 months. These gross human rights violations are documented both by the Special Rapporteur and in independent investigations by Amnesty International which highlight the urgent need to investigate and prosecute the alleged perpetrators of these crimes.

“The Taliban have broken their promises to the people in Afghanistan and the international community time and again. Amnesty International emphasizes that the findings in the Special Rapporteur’s report on targeted killings, arbitrary arrests, enforced disappearances and other human rights violations, particularly in Panjshir province against civilian population must serve as enough evidence to the member states at Human Rights Council to start time bound plans of actions to pressurize the Taliban de-facto authorities for an immediate end of these human rights abuses and violations,” said Yamini Mishra.

Amnesty International emphasizes that the findings in the Special Rapporteur’s report… must serve as enough evidence to the Human Rights Council
to start time bound plans of actions
to pressurize the Taliban for an immediate
end of the human rights abuses and violations.

Yamini Mishra

As member states meet today at Human Rights Council 51 session, over 850,000 girls above grade six in Afghanistan are being denied their right to education. As elders and communities in Paktia province decided to re-open secondary schools for girls, the Taliban de-facto authorities once again closed these schools, used violence against girl student protestors and detained journalists reporting the girl students’ protest. This is in addition to exclusion of women from work, traveling, political and public participation and much more. Musicians, artists and those associated with cultural sites are at risk too according to the report, despite assurances by the Taliban one year ago, that the country would not lapse into the violations of cultural rights that were seen twenty years ago. All of these have been documented by the Special Rapporteur as well as Amnesty international in its various reports in since the Taliban takeover on 15 August 2021.

Reports of shrinking civic space, arrest and beating of protestors including women, targeting of journalists and silencing of media which have also been documented by the Special Rapporteur, further underscores previous Amnesty documentation of these human rights violations in the country. This reflects the continued indifference of the Taliban to their legal obligations to respect and protect the rights of Afghan people under international human rights law.

The international community must seize the opportunity presented by the Special Rapporteur’s report to the human rights council and action upon his recommendations.

Yamini Mishra

“Afghanistan stands at crossroads one year after the Taliban forcibly took control of the country. The need for further supporting the mandate of the Special Rapporteur as well as the need for more concerted efforts to close the accountability gap is clear. The international community must seize the opportunity presented by the Special Rapporteur’s report to the human rights council and action upon his recommendations. Without an inclusive government and adequate legal frameworks, protections and institutions, the rights of the Afghan people will continue to be trampled upon,” said Yamini Mishra.

Background

Since the return of the Taliban to power in August 2021, there have been widespread human rights violations documented by Amnesty International including rights of minorities and women and girls, enforced disappearances, torture, unlawful killings and arbitrary arrests particularly in areas such as the Panjshir, attack on freedom of speech and expression and persecution of ethnic and religious minorities.

The Special Rapporteur on the situation of Human Rights in Afghanistan was appointed during the 49th session of the Human Rights Council in April 2022 and presented his first report on 12 September 2022 at the 51st session of the Human Rights Council.

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Reacting to new evidence of alleged war crimes committed by Russian forces following military advances by Ukrainian forces retaking control of Russia-occupied territories, Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia, said:

“As Ukraine regains control of land occupied by Russian forces, it must prioritize securing evidence of their alleged war crimes. Gathering such evidence is extremely resource-intensive, and so we are calling on the international community to provide resources that will assist Ukraine’s efforts. All ongoing and future trials over alleged war crimes must meet fair trial standards.”

As Ukraine regains control of land occupied by Russian forces, it must prioritize securing evidence of their alleged war crimes

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

“In what appears to be a response to Ukraine’s military gains, Russia has launched attacks that caused significant damage to critical civilian infrastructure, including a power plant strike that led to power and water outages and disrupted civilian activities. We remind Russia that deliberate targeting of civilian infrastructure may amount to war crimes. These strikes must be investigated with a view to ensuring that anyone suspected of criminal responsibility is brought to justice.”

Background

In recent days, Ukrainian forces have reportedly regained control of over 3,000 square kilometres of territory previously occupied by Russia, including Izyum and Kupiansk, two key towns in Kharkiv oblast.

As Russian forces retreat, evidence of alleged war crimes committed by them and Russia-backed armed groups is emerging in the form of testimonies, video footage and photographs.

On 10 September, Ukrainian law enforcement agencies reported that police officers had exhumed the bodies of two men allegedly tortured and killed by Russian forces in Hrakove village, Kharkiv oblast, in March.

On 11 and 12 September, Russian military strikes damaged critical energy infrastructure, resulting in major disruptions to electricity and water supplies as well as train services.

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Responding to the conviction and sentencing to two years’ imprisonment of protester Jatuphon “Niw” Saeung for participating in a mock fashion show in Thailand in October 2020, Amnesty International’s Deputy Secretary General Kyle Ward said:

“The mock fashion show was a satirical take on the political situation of the country – a peaceful public event akin to a street festival with music, food and dancing. Participants should not be punished for participating in a peaceful assembly.

“This sentence, which is at least the 10th conviction for lèse-majesté – or insulting the monarchy – handed down since 2021, is a chilling prelude of what’s to come: a record number of 210 activists and protesters have been charged under Article 112 of Thailand’s Criminal Code since the beginning of overwhelmingly peaceful mass protests in 2020.

“We urge the authorities to immediately drop all charges against those who have merely exercised their human rights to freedom of expression and peaceful assembly, and release those arbitrarily detained.

“With protests picking up again in Thailand, this latest conviction underlines the degree to which Thai authorities continue to repress peaceful dissent.

“Thai authorities are obliged to protect the peaceful exercise of the rights to expression and assembly, but they instead continue to pursue criminal proceedings against demonstrators, many of them young people or even children. These young protesters should be free to express their opinions and participate in discussions in society, and should not face the prospect of unwarranted prison sentences and criminal records.”

Background

The Bangkok Criminal Court in Thailand initially sentenced a protester Jatuphon “Niw” Saeung to three years in prison on 12 September 2022 after authorities charged her with insulting the monarchy under Article 112 of the Criminal Code. Under this law, anyone convicted of defaming, insulting or threatening the king, queen, heir-apparent or regent may be given a jail term from three to 15 years. The Court reduced her sentence by one-third to two years in prison due to her provision of information to the authorities. In the same case, Niw was also convicted of violating the Public Assembly Act and subjected to a fine of 1,500 THB. The Court later reduced the fine to 1,000 THB. Niw is currently detained at the Central Women’s Correctional Institution in Bangkok while awaiting the Court of Appeal’s decision on her bail request.

United Nations human rights experts have repeatedly expressed their concern at the rise in the use of the provision, and how it casts a chilling effect on the peaceful exercise of freedom of expression and assembly. UN experts and other member states have further repeatedly called on the authorities to repeal Article 112 or amend it so that it would be consistent with Thailand’s international human rights obligations.

Niw took part in a satirical fashion show on Silom Road in Bangkok on 29 October 2020. She was accused of imitating and mocking the Thai Queen by wearing a traditional Thai dress.

The October 2020 demonstration was one of dozens in 2020 and early 2021, when tens and possibly hundreds of thousands predominantly peaceful and young demonstrators, including children, took to the streets to demand political, economic and social reforms in Thailand. Authorities have filed criminal proceedings against more than 1,800 activists, including over 280 children, for participating in protests and expressing their opinions.

Since November 2020, at least 210 people, including 17 children, have been accused of committing lèse majesté, according to Thai Lawyers for Human Rights, with ten convictions handed down from 2021 to 2022, the group said.

Amnesty International does not comment on the nature of speeches deemed in breach of the provision, but urges the authorities to uphold its duty under international law to respect, protect and promote the peaceful exercise of freedom of expression.

Thailand is a state party to the International Covenant on Civil and Political Rights (ICCPR), which protects the right to freedom of expression under its Article 19 and to peaceful assembly under its Article 21. The UN Human Rights Committee, the treaty body responsible for monitoring the implementation of the ICCPR, has expressed concerns regarding lèse majesté laws. It stated that all public figures, including those exercising the highest political authority, are legitimately subject to criticism and political opposition and that criticism of state institutions should not be prohibited. Even if the alleged violation of lèse majesté is seen as a defamation-related offence, the Committee has further stated that “imprisonment is never an appropriate penalty”.

Other UN member states have continuously made recommendations to abolish the lèse majesté provision in the Criminal Code, for example at the UN Human Rights Council’s Universal Periodic Review of Thailand. The Thai government has to date always rejected these recommendations. 

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