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CONCERNS in EUROPE July - December 2001

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CONCERNS in EUROPE July - December 2001 CONCERNS IN EUROPE July - December 2001 FOREWORD This bulletin contains information about Amnesty International’s main concerns in Europe between July and December 2001. Not every country in Europe is reported on: only those where there were significant developments in the period covered by the bulletin. The five Central Asian republics of Kazakstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan are included in the Europe Region because of their membership of the Commonwealth of Independent States (CIS) and the Organisation for Security and Co-operation in Europe (OSCE). This bulletin contains an index on pages 85 and 86 about cases and incidents investigated by Amnesty International affecting women and children, discrimination based on race, and the effects of the attacks of 11 September in the USA. They are not an exhaustive summary of the organization’s concerns, but a reflection of the range of violations suffered by women, children and juveniles in Europe. A number of individual country reports have been issued on the concerns featured in this bulletin. References to these are made under the relevant country entry. In addition, more detailed information about particular incidents or concerns may be found in Urgent Actions and News Service Items issued by Amnesty International. This bulletin is published by Amnesty International every six months. References to previous bulletins in the text are: AI Index EUR 01/02/98 Concerns in Europe: AI Index EUR 01/01/99 Concerns in Europe: AI Index EUR 01/02/99 Concerns in Europe: AI Index EUR 01/01/00 Concerns in Europe: AI Index EUR 01/03/00 Concerns in Europe: AI Index EUR 01/001/2001 Concerns in Europe: July - December 2000 AI Index EUR 01/003/2001 Concerns in Europe: January-June 2001 Amnesty International May 2002 AI Index: EUR 01/002/2002 2 Concerns in Europe: July - December 2001 The impact of the 11 September attacks in the USA Following the attacks in the USA on 11 September 2001 and the call by the US government to all countries to take measures in the “fight against international terrorism”, governments around the world responded with a range of legislative and other measures. Amnesty International acknowledges the duty of governments to protect people within their own territories and in other states from such attacks. However, as a consequence of the level of anxiety about security aroused by the attacks of September 11, various measures adopted and proposed by states may violate, or facilitate the violation of human rights that states are obliged to respect.1 Within Europe, these concerns are illustrated in the reports on the following countries: Austria: In December, Egyptian asylum-seeker Muhammad ‘Abd al-Rahman Bilasi-Ashri was at imminent risk of being forcibly returned to Egypt by the Austrian authorities where AI believed he would be at serious risk of torture and other human rights violations. Bosnia: In September, Italian SFOR soldiers reportedly detained two Bosnian citizens who were taken to a US army base near Tuzla where they were detained until 3 October. The men were denied access to a lawyer and were not permitted to contact their families. In October, a Jordanian national was arrested by SFOR and Federation police in Biha…. He was transferred to an SFOR holding facility in Sarajevo he was not allowed to inform his lawyer or a consular official. AI wrote to SFOR’s Commander, Lieutenant General John Sylvester, raising the organization’s concerns that SFOR’s actions were not in compliance with European and international human rights standards and requested clarification of the legal basis for the arrests and detentions. SFOR’s response did not satisfactorily address the issues raised by AI. On 6 October, the Federation authorities deported to Egypt Ussama Farag Allah and Al-Sherif Hassan Mahmoud Saad, who had dual Bosnian and Egyptian citizenship. AI was concerned that the deportations were apparently in disregard of Bosnian court rulings and that in Egypt the men might be tortured, might face an unfair trial and be sentenced to the death penalty. Following their return, according to information received by Amnesty International, one of the men was held in incommunicado detention and has alleged that he was tortured. Kosovo: Three civilians working for international aid agencies in Kosovo were unlawfully detained by KFOR on 14 December. They were subsequently transferred to a US detention facility at Camp Bondsteel where they remained until they were released, without charge, on 21 January 2002. Sweden: In December, Muhammad Muhammad Suleiman Ibrahim El-Zari and Ahmed Hussein Mustafa Kamil Agiza were forcibly returned by the Swedish authorities to Egypt, where they were at risk of torture and unfair trial. At the hearings, which determined whether they should be deported, the authorities presented intelligence evidence not disclosed to the men and their lawyers, alleging that the two men were connected to organizations which had been responsible for acts of “terrorism”. United Kingdom: The government declared that there was “a terrorist threat to the United Kingdom from persons suspected of involvement in international terrorism”. As a result, the government stated, there existed an “emergency” within the meaning of provisions of the European Convention on Human Rights and the International Covenant on Civil and Political Rights [ICCPR] that permit states to derogate from certain of the treaties’ obligations under such circumstances. The government derogated from Article 5(1) of the ECHR and Article 9 of the ICCPR relating to the rights of detainees and introduced draconian legislation giving the Home Secretary power to certify non-UK nationals as “suspected international terrorists and national security risks” who, if they cannot be deported, may be detained indefinitely without charge or trial. AI is concerned that the legislation has created what is in effect a shadow criminal justice system under which individuals may be imprisoned without 1See Amnesty International, Rights at risk: Amnesty International’s concerns regarding security legislation and law enforcement measures, AI Index:ACT 30/001/2002. AI Index: EUR 01/002/2002 Amnesty International May 2002 Concerns in Europe: July - December 2001 3 the fair trial rights that people who are prosecuted for crimes have. Amnesty International is also concerned that the legislation denies asylum-seekers, considered to be “suspected international terrorists” or national security threats, the right to have the merits of their claim individually assessed. No other European government has derogated from the ECHR in order in response to the attacks in the USA. Regional action As well as acting individually, states also implemented and proposed measures collectively, within both the European and the international - United Nations - institutions. The following describe the main actions within primarily European bodies that are particularly pertinent from a human rights perspective. The European Union Shortly after the attacks in the USA, an extraordinary Council of EU Justice and Home Affairs ministers met to discuss the Commission’s proposals to strengthen cooperation in criminal matters among EU Member States, including the relationship between safeguarding security and complying with international protection obligations for asylum-seekers and refugees. Amnesty International was concerned that the main goal of the EU was not to ensure the protection of human rights but to strengthen security. As indicated below, the organization’s concern was shown to be well founded by aspects of the proposals that were developed for adoption by EU member states and which were the subject of submissions by AI.2 The EU Commission prepared a proposal for a set of offences that all member states should prohibit as acts of “terrorism.” In Amnesty International’s view, some of the proposed offences were excessively broad or too vague and could criminalize peaceful activities which were unrelated to acts of violence. The Commission also prepared a proposal for an arrest warrant and surrender procedures aimed at abolishing traditional extradition procedures among member states. The idea that EU member states should have common, special procedures applying to relations between their criminal justice systems had been under consideration for some time and its development was given very high priority following the attacks of 11 September. Amnesty International considered that while the Framework Decisions contained some positive features, such as the obligation to surrender individuals responsible for certain crimes under international law, the agreed text had a number of shortcomings. such as the obligation not to surrender in case of amnesties, immunities or age, even in the case of crimes under international law. Other aspects would infringe human rights guarantees, for example some aspects of the rights of the defence in cases of subsequent surrenders or extradition. A further concern which Amnesty International raised with EU member states was that new measures might allow governments to deny asylum-seekers, who are suspected of involvement in “acts of terrorism”, their right to have their claims considered in fair and satisfactory procedures. In October, the US government approached the EU seeking agreement to joint cooperation in “combatting terrorism” in a range of areas, such as the work of police authorities. The European Parliament expressed concern that European law and standards were inconsistent with some US laws
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