Concerns in Europe
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CONCERNS IN EUROPE January - June 1999 FOREWORD This bulletin contains information about Amnesty International’s main concerns in Europe between January and June 1999. 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). Reflecting the priority Amnesty International is giving to investigating and campaigning against human rights violations against women and children, the bulletin contains special sections on Women in Europe (p.76) and Children in Europe (p.79). 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 01/01/99 Concerns in Europe: July - December 1998 AI Index: EUR 01/02/98 Concerns in Europe: January - June 1998 AI Index: EUR 01/01/98 Concerns in Europe: July - December 1997 AI Index: EUR 01/06/97 Concerns in Europe: January - June 1997 AI Index: EUR 01/01/97 Concerns in Europe: July - December 1996 AI Index: EUR 01/02/96 Concerns in Europe: January - June 1996 Amnesty International August 1999 AI Index: EUR 01/02/99 2 Concerns in Europe: January - June 1999 ARMENIA Prisoners of conscience (update to information in AI Index: EUR 01/01/99) At the end of the period under review at least nine young men remained imprisoned because their conscience led them into conflict with the law that makes military service compulsory for young males, and offers them no civilian alternative. Jehovah’s Witness Andranik Kosian was released early from his two-year term, but at least six other Jehovah’s Witnesses were convicted between January and June for their conscientious refusal to serve in the army. They included Gagik Ohanian, who in January 1997 had sent a statement of his beliefs, including his willingness to perform a civilian alternative service, to the conscription unit in the Sovetashen district of the capital, Yerevan. He refused his call-up papers, and instead was forcibly conscripted into the army on 8 December 1998 by three men in civilian clothes who called at his home, reportedly without presenting any documents. Gagik Ohanian was sent to military unit No. 70179 in the Vajots region, where he was reportedly severely beaten when he refused to don a military uniform. It is also alleged that officials at the unit wanted to transfer him to the custody of the military police, but the latter refused after seeing signs of beating on his body. Gagik Ohanian was convicted of evading military service under Article 257a of the Armenian Criminal Code on 23 June, and sentenced to three years’ imprisonment. During the period under review various officials have mentioned moves towards drawing up plans for a civilian alternative service, but Amnesty International is not aware of any concrete proposals or timetabling in parliament. The organization continued to call on the authorities to release immediately and unconditionally anyone already imprisoned for their refusal on conscientious grounds to perform military service, and refrain from imprisoning anyone else as a conscientious objector; to introduce without delay legislative provisions to ensure that a civilian alternative of non-punitive length is available to all those whose religious, ethical, moral, humanitarian, philosophical, political or other conscientiously-held beliefs preclude them from performing military service; to establish independent and impartial decision-making procedures for applying a civilian alternative to military service; and to ensure, after the introduction of a civilian alternative service, that all relevant persons affected by military service, including those already serving in the army, have information available to them about the right to conscientious objection and how to apply for an alternative service. Allegations of ill-treatment in detention (update to information in AI Index: EUR 01/01/99) Meeting on 25 February with a group of mothers whose sons had died as a result of violence in the army, President Robert Kocharian strongly condemned brutal hazing in the armed forces and pledged greater efforts to combat such crimes. At the same meeting, the Military Procurator of Armenia gave an assurance that many closed cases would be subject to review, and that 80 officers had been prosecuted the previous year for illegal actions. The following month a presidential advisor reported that these prosecutions included 34 convictions for abuse of power and two for causing suicides. Many families have complained that army deaths attributed to suicide have in fact been as a result of injuries inflicted during hazing, and that army officials and others have colluded in covering up the real cause of death. One of the cases still unresolved during the period under review was that of conscript Artak Petrossian, who was drafted into the army on 13 June 1998 and sent to a military unit at Echmiadzin. He reportedly left the unit without permission on 23 July, and was subsequently detained and sent to a penal battalion at Zvarnots airport outside Yerevan on 12 August. On 17 August Artak Petrossian was found injured at the entrance to the airport: he was said to have been suffering from the effects of a beating, including a broken arm and a fractured skull. He was taken to a hospital in Yerevan’s Shengavit district, but died a week later. According to unofficial sources, Artak Petrossian’s family had seen multiple cuts on his arms prior to his AI Index: EUR 01/02/99 Amnesty International August 1999 Concerns in Europe: January - June 1999 3 detention and some members of his penal battalion had alleged that Artak Petrossian had been taken to the local army command post two hours before he was found at the airport. It is further alleged that although Artak Petrossian was conscious when taken to hospital no officials interviewed him before his death, and that law enforcement officials did not actually interview medical staff until two months after Artak Petrossian died. The death penalty (update to information in AI Index: EUR 01/01/99) Addressing the UN Human Rights Committee in Geneva in October 1998, Armenia’s representative stated that abolition of the death penalty would come into force as of 1 January 1999 when a new criminal code was adopted. However, at the end of the period under review the draft code, which received its first reading in April 1997, had still not received final parliamentary approval. In February, speaking to an Amnesty International delegate in Yerevan, the Interior Minister reported that at that time there were around 30 men on death row. AUSTRIA Alleged ill-treatment In April Amnesty International wrote to the Austrian authorities expressing concern about allegations of ill-treatment by police officers of two detainees. In both of these cases, in addition to being physically ill-treated, the detainees were verbally abused with racist language. In November 1998 a black Austrian citizen, widely referred to in the Austrian media as Dr C, was allegedly ill-treated by two police officers. On the evening of 1 November 1998 Dr C and his family were stopped by a police patrol car. During this incident, witnesses claimed, the police officers pushed Dr C into a bush of thorns and beat him unconscious. While Dr C lay unconscious on the ground the police handcuffed him, but continued to beat him after he regained consciousness. Dr C’s wife claims that during the assault one of the police officers shouted to his colleague, “Make him lame until he can no longer walk!” and “Work on his joints so he can no longer walk!” The police officers reportedly abused Dr C with racist language during the incident. As a result of the attack on his joints Dr C spent 11 days in hospital suffering from various injuries. Through a combination of press reports and copies of statements made by five eyewitnesses Amnesty International learned of an assault by police officers of a French citizen of African origin, Mohammed Ali Visila. The incident occurred just before midnight on 3 March at the underground station of Schottenring in Vienna. According to the witness statements and the coverage of the incident in the Austrian press, Mohammed Ali Visila was pushed into the control room of the station and assaulted by two police officers. The witnesses claimed to have seen the two policemen punch, kick and beat the man with rubber truncheons while he lay on the floor of the control room. In addition he was sprayed with pepper but only after he had been forced to the ground and beaten. Eventually more policemen arrived and the injured man was carried away on a stretcher to the Lorenz Boehler hospital where he was treated for his injuries. Amnesty International found especially disturbing the use of racist language by the two policemen. Witnesses reported that the police officers verbally abused the victim as “you dirty negro son-of-a-bitch” and “negro son-of-a-bitch". Mohammed Ali Visila was brought to trial in April charged with resisting arrest and physically injuring the police officers. Mohammed Ali Visila was sentenced to a nine-month prison sentence, of which eight months were suspended. During the trial Mohammed Ali Visila claimed he could not remember the details of the incident.