HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA REVIEW OF 2018 Amnesty International is a global movement of more than 7 million people who campaign for a world where human rights are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations.

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First published in 2019 by Amnesty International Ltd Peter Benenson House, 1 Easton Street, London WC1X 0DW, UK

Index: MDE 01/9433/2019 Original language: English amnesty.org HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA REVIEW OF 2018 CONTENTS

REGIONAL OVERVIEW 5

ALGERIA 13

BAHRAIN 16

EGYPT 19

IRAN 23

IRAQ 27

ISRAEL AND THE OCCUPIED PALESTINIAN TERRITORIES 30

JORDAN 34

KUWAIT 37

LEBANON 39

LIBYA 42

MOROCCO/WESTERN SAHARA 46

OMAN 49

PALESTINE (STATE OF) 51

QATAR 54

SAUDI ARABIA 56

SYRIA 60

TUNISIA 64

UNITED ARAB EMIRATES 67

YEMEN 69

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 4 REVIEW OF 2018 Amnesty International Arabia. In all, dozens of women human other countries arrested and prosecuted rights defenders there were targeted for people for their real or perceived sexual REGIONAL advocating women’s rights or protesting orientation. Armed hostilities in both Iraq against violence against women or and Syria decreased. As a result, fewer sexual harassment. Across the region, civilians were killed, but many continued OVERVIEW authorities used arbitrary detention, to suffer the impact of serious violations, excessive force against protesters and including war crimes, committed by all administrative measures to restrict parties to the conflicts in Libya, Syria civil society. Despite the repression, The killing of Palestinian protesters by and Yemen particularly, as well as the 2018, like 2017, saw limited positive Israeli forces in Gaza and the murder of devastating humanitarian situations that developments at a legislative and journalist Jamal Khashoggi in a Saudi arose from or were exacerbated by their institutional level with respect to Arabian consulate glaringly illustrated the actions. Significant developments aimed unaccountability of Middle Eastern and women’s rights and violence against women. Developments in Lebanon at addressing past violations occurred North African states that resorted to lethal and Tunisia raised faint hopes of the in Lebanon and Tunisia. Ethnic and and other violence to repress dissent. beginnings of change in the general religious minorities faced persecution The crackdown on civil society actors situation in which same-sex sexual by states and armed groups in countries and political opponents increased relations are criminalized across the including Algeria, Egypt, Iran, Iraq and significantly in Egypt, Iran and Saudi region; however, authorities in these and Saudi Arabia.

An empty water tank and a sabotaged irrigation well on an abandoned farm near Sinune, north of Sinjar mountain, Iraq, September 2018. A farmer from a neighbouring farm told Amnesty International that only five of the 10 families who used to live in the village before it was taken over by the Islamic State armed group had returned. © Alice Martins

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 5 REVIEW OF 2018 Amnesty International There were some positive developments Both events led to scrutiny and pressure ARBITRARY DETENTION at a legislative level in Morocco, for accountability, but not concrete Qatar and the United Arab Emirates action towards it. In the first case, the The crackdown on civil society actors (UAE) with respect to migrant and/ UN Human Rights Council established and political opponents increased or domestic workers, but workers in a commission of inquiry to look into the significantly in three of the region’s these and other countries continued to killings, many of which were unlawful, most powerful states: Egypt, Iran and face exploitation and abuse and sub- and other abuses, but the Israeli Saudi Arabia. Arbitrary detention of Saharan migrants, as well as refugees authorities characteristically refused to activists and government critics had a and asylum-seekers, were subjected to co-operate and past practice indicated chilling effect on freedom of expression a widespread crackdown in Maghreb that any domestic investigations would be across the region. Authorities often used countries. Restrictions on access to water deeply flawed and fail to deliver justice. counter-terrorism and security-related for drinking and other household use In the second, senior officials in the laws, including cyber-crimes legislation, in marginalized communities in Iran, governments of Saudi Arabia’s Western to justify arrests and bring prosecutions. Iraq and Tunisia raised concerns about allies questioned the evolving official discrimination and fuelled protests. narrative about the killing and made In Iran, the authorities arbitrarily Across the region, government measures statements to emphasize the importance detained thousands of individuals, in the name of security led to arbitrary of accountability. However, they failed subjecting hundreds to unfair trials, detention and unfair trials, torture and to respond positively to civil society calls lengthy prison sentences, torture and other ill-treatment, denaturalization for a UN investigation, which, given other ill-treatment. They detained, and border control orders, as well as, the allegation that the kingdom’s crown prosecuted or continued to imprison in Egypt, the use of banned weapons prince was involved in the crime and at least 112 women human rights and extrajudicial executions. There were the subservience of its judiciary to the defenders, some in reprisal for their work, some limited positive developments with palace, would have been the only process some for peacefully protesting against the respect to the death penalty, but high capable of exposing the truth about who abusive, discriminatory and degrading numbers of individuals continued to be ordered the murder. practice of forced hijab (veiling) by taking executed in Egypt, Iran, Iraq and Saudi off their headscarves in public. Arabia, many after being sentenced In Syria, the government disclosed the to death in unfair trials. The political death of some of those subjected to crisis in the Gulf that started in 2017 enforced disappearance in previous continued to impact the human rights of years by updating civil status records, thousands of individuals living across the but failed to provide the families with region, separating families and disrupting remains. Tens of thousands of people, education. including peaceful activists and government opponents, humanitarian workers, lawyers and journalists remained REPRESSION OF DISSENT disappeared. Elsewhere, states used excessive force to repress demonstrations. In Iran, where LETHAL AND OTHER VIOLENCE tens of thousands of men and women Two heavily mediatized events – the took to the streets throughout the year killing of scores of Palestinian protesters to protest against poverty, corruption, by Israeli forces in the Gaza Strip and repression and authoritarianism, security the murder of journalist Jamal Khashoggi forces beat unarmed protesters and used in the Saudi Arabian consulate in live ammunition, tear gas and water Istanbul, Turkey, on 2 October – glaringly cannons against them, causing deaths illustrated the unaccountability of Middle and injuries. In Iraq, security forces in Eastern and North African states that Basra killed over a dozen protesters and resorted to lethal and other violence to injured hundreds of others when they repress dissent. According to a local fired live ammunition and tear gas to human rights organization, at least 180 disperse a series of protests demanding were killed, among them 35 children, employment opportunities and better in the Gaza protests, which started in public services. In the West Bank and March and called for the right to return Gaza Strip, Palestinian security forces A woman stands atop a raised structure in the city of of refugees to land from which they were beat demonstrators peacefully protesting Karaj, Alborz province, and places her headscarf at the end of a stick in one of the peaceful protests against displaced 70 years earlier, and an end against the actions of their respective forced hijab (veiling) in Iran in 2018. to the Israeli blockade of the Gaza Strip. authorities. © White Wednesdays Campaign

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 6 REVIEW OF 2018 Amnesty International In Egypt, the authorities arbitrarily The Palestinian president issued decrees attention to the prohibition and faced state arrested at least 113 people solely for that restricted freedom of expression persecution, including, in a development peacefully expressing critical opinions, and peaceful assembly, and limited the of bitter irony, before and after the ban was including many senior political figures ability of civil society organizations to lifted in 2018. The government announced who had publicly criticized the president operate freely. The new penal code in that women did not need the permission or attempted to run against him in the Oman criminalized forms of association of a male guardian to start their own presidential elections. They arrested “aimed at combating the political, business, but it was unclear whether the over 30 human rights defenders, in economic, social or security principles of reform was implemented in practice. In some cases subjecting them to enforced the state”. general, women were still required to have disappearance for periods of up to 30 permission from a male guardian to enrol days. Two women were arrested and Authorities banned demonstrations in higher education, seek employment, convicted by courts after they spoke out and/or blocked the activities of civil travel or marry. against sexual harassment in Egypt on society or political associations in North their Facebook accounts. Africa, particularly in Algeria, Egypt Jordan and Qatar both adopted measures and Morocco, and the Gulf, particularly that allowed the children of female In Saudi Arabia, the authorities harassed, in Bahrain and Saudi Arabia. In some nationals married to foreign fathers to arrested and prosecuted government countries, such as Iran, Iraq and Jordan, acquire permanent residency, but left critics, academics, clerics and human they blocked social media or disrupted them still unable to acquire citizenship. rights defenders. In May, they launched access to the internet. a wave of arrests that included at least eight women human rights defenders ENTRENCHED DISCRIMINATION who had campaigned against the ban on Entrenched discrimination against women driving and the male guardianship WOMEN’S RIGHTS women in law and in practice, notably system. By the end of the year, virtually in matters of marriage and divorce, all Saudi Arabian human rights defenders Dozens of women human rights defenders inheritance and child custody, remained were in detention or serving prison terms, were targeted for advocating for women’s a major issue in the region. Women or had been forced to flee the country. rights or protesting against violence and girls also remained inadequately against women or sexual harassment, protected against sexual and other In the Maghreb, the Algerian, Moroccan particularly in Egypt, Iran and Saudi gender-based violence. Their situation in and Tunisian authorities all used penal Arabia. However, 2018, like 2017, conflict zones were of particular concern. code provisions to detain, prosecute saw limited positive developments at a In Libya, authorities failed to protect and, in some cases, imprison journalists. legislative and institutional level with women from gender-based violence at the In the Gulf, authorities in Bahrain and respect to women’s rights and violence hands of militias and armed groups; this the UAE kept high-profile human rights against women. While these were not and smear campaigns on social media defenders in jail on speech-related sea changes, they were a tribute to forced many women to withdraw from charges, while in Kuwait and Oman, years of struggle by the women’s rights the public space altogether. In Yemen, government critics and protesters were movement. the protracted conflict exacerbated arrested arbitrarily and, in some cases, discrimination against women and girls prosecuted. Iraqi, Jordanian, Lebanese and left them with less protection from and Palestinian authorities also arbitrarily LEGISLATIVE CHANGES sexual and other violence, including detained activists and others for voicing In the Maghreb, laws that included forced marriage. criticism of them or peacefully taking provisions combating violence against part in demonstrations. Israeli authorities women came into effect. The Palestinian used such measures to target activists, authorities repealed a provision that had including human rights defenders, who allowed individuals suspected of rape RIGHTS OF LESBIAN, GAY, criticized Israel’s continuing occupation to avoid prosecution and imprisonment of the West Bank and Gaza Strip. if they married their victims. Similar BISEXUAL, TRANSGENDER welcome measures had been taken in AND INTERSEX (LGBTI) Jordan, Lebanon and Tunisia in 2017. MUZZLING OF MEDIA AND In Jordan, following a long-standing PEOPLE ASSOCIATIONS campaign by Jordanian women’s rights organizations, the government opened New legislation threatening freedoms a shelter for women at risk of family DEVELOPMENTS IN LEBANON AND of expression, association or peaceful violence in the name of “honour”. assembly came into effect in some TUNISIA countries. The Egyptian president ratified Saudi Arabia lifted its ban on women Developments in two countries raised two laws muzzling independent media driving. The step was a testament to the faint hopes of the beginnings of change by giving the state almost total control bravery of women human rights defenders in the general situation in which same- over print, online and broadcast media. who, for decades, drew international media sex sexual relations are criminalized

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 7 REVIEW OF 2018 Amnesty International across the region. In Lebanon, a district Military forces with air power carried resulted in hundreds of civilian court of appeal ruled that same-sex out indiscriminate air strikes and direct casualties; in Syria, armed opposition consensual sex was not a criminal attacks on civilian homes, hospitals groups, some receiving Turkish military offence. In Tunisia, a draft law that and medical facilities, sometimes support; and in Yemen, Huthi and allied included the decriminalization of same- using internationally banned cluster forces, and UAE-backed Yemeni forces. sex sexual relations was submitted to the munitions. They included: in Libya, the parliament. self-proclaimed Libyan National Army; In Syria, government forces continued sieges that deprived hundreds of in Syria, Syrian government forces, with thousands of access to medical care, other the support of Russia, on the one hand, basic goods and services and humanitarian STATE PERSECUTION and US-led coalition forces, on the other; assistance. In Yemen, the Saudi Arabia-led and, in Yemen, Saudi Arabia-led coalition However, governments in these and coalition continued to impose excessive forces. Armed groups arbitrarily carried other countries continued to heavily restrictions on the entry of essential limit the enjoyment of the rights of out indiscriminate attacks that killed goods and aid, while the Huthi authorities LGBTI people in law and practice. In civilians, such as by shelling residential obstructed aid movement within the Lebanon, according to reports, police neighbourhoods, and abducted and country, deepening the humanitarian harassed and abused LGBTI people, detained scores of civilians, subjecting crisis. The UN reported in June that especially in refugee and migrant some to torture and other ill-treatment. around half the population, 14 million communities, sometimes making use of They included: in Libya, a wide range people, were at imminent risk of famine; a penal code provision that criminalizes of competing militias, whose clashes cholera affected the entire country. “sexual intercourse contrary to nature”. In Tunisia, according to a local non- governmental organization (NGO), police arrested at least 115 individuals in relation to their perceived sexual orientation or gender identity, 38 of whom were later convicted of charges related to engaging in consensual same- sex sexual relations. They also subjected men accused of such relations to forced anal examinations, in violation of the prohibition of torture and other ill- treatment.

In Egypt, the authorities detained at least 13 men for “public indecency” or “habitual debauchery” on the basis of their real or perceived sexual orientation and gender identity. Palestinian security forces in the West Bank arbitrarily arrested and ill-treated five LGBTI activists, according to a local NGO.

In Oman, same-sex sexual relations continued to be criminalized under the new penal code issued in 2018.

ARMED CONFLICT

ARMED HOSTILITIES In Libya, Syria and Yemen, the conflicts’ multiple actors continued to commit war crimes and other serious violations of international humanitarian law. Destroyed buildings in the city of Raqqa, Syria, 15 February 2018. © Amnesty International

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 8 REVIEW OF 2018 Amnesty International INTERNALLY DISPLACED PEOPLE Tawergha following an official decree, but facilitated birth registration for them, and were blocked by armed groups. A camp Jordan, where an official campaign was In Iraq, almost 2 million people remained housing over 500 Tawerghan families launched to rectify the status of those displaced. Families with perceived ties was attacked by a militia, resulting in living informally in urban areas. However, to the armed group calling itself Islamic the forced eviction of around 1,900 these were vastly overshadowed by the State (IS) were regularly prevented internally displaced people. from returning to their homes or places precarious nature in which the over 5 million refugees and asylum-seekers from of origin as a result of threats from In Syria, by the end of the year, 6.6 neighbours, tribal and local authorities, Syria found themselves. Lebanon, Jordan million people had been internally and Iraqi forces. Those who managed and Turkey, the countries hosting most displaced since the start of the crisis to return said they were subjected to of the refugees, continued to block the in 2011. Thousands lived in makeshift forced displacement and other abuses. entry of new refugees. The authorities camps that did not provide an adequate Families, particularly those headed by standard of living. Women whose in Lebanon and Turkey said that over women, were stigmatized and collectively husbands or fathers had been killed or 300,000 refugees returned to Syria. punished for having perceived links with gone missing during the conflict faced The dire humanitarian conditions in IS owing to factors outside their control. serious obstacles in claiming their neighbouring countries – exacerbated In IDP camps, many were denied access property as the deeds were often in the by the lack of humanitarian aid, the to food, water and health care. Women name of their male relatives. Meanwhile, inability of refugees to find jobs, and with perceived IS ties were subjected a new law threatened the rights of people administrative and financial obstacles to sexual violence, primarily by armed who lived in certain informal settlements. to obtain or renew residency permits – actors affiliated with military and security forces in the camps. pushed refugees to return. The number of resettlement places and other safe In Libya, thousands of Libyan families REFUGEES and legal routes for refugees offered by remained internally displaced. Tawerghan There were a couple of minor positive Western and other states fell far below families internally displaced since developments relating to Syrian refugees the needs identified by UNHCR, the UN 2011 attempted to return to the town of in Lebanon, where a government measure refugee agency.

A residential building in the Faj Attan district of the Yemeni capital, Sana’a, on 21 September 2017. It was destroyed by an air strike that was carried out by the Saudi Arabia- led coalition on 25 August 2017, killing 16 civilians and injured 17 more. © Rawan Shaif

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 9 REVIEW OF 2018 Amnesty International in law and practice. It granted full registration to only 588 out of almost ACCOUNTABILITY AND MINORITIES 3,730 churches and associated buildings TRANSITIONAL JUSTICE that had applied for it under a new law that required approvals from several state STATE PERSECUTION bodies, including security services. DEVELOPMENTS IN LEBANON AND There was continuing state persecution TUNISIA against ethnic and religious minorities in the region. In Iran, hundreds of LEGISLATIVE CHANGES Significant developments aimed at Azerbaijani Turks and Ahwazi Arabs, Israel passed a new law that described addressing past violations occurred in including minority rights activists, were the Israeli state as being only for the Lebanon and Tunisia. The Lebanese arrested and detained in connection with Jewish people, confirming the status of parliament passed a law creating a peaceful cultural gatherings and protests. the almost one fifth of the population national commission to investigate the In Saudi Arabia, the public prosecution who are Palestinian citizens of Israel as whereabouts of thousands of persons repeatedly called for the execution of second-class citizens. who went missing or were forcibly several Shi’a activists on charges related disappeared during the 1975-1990 to the peaceful exercise of their rights to armed conflict in Lebanon. Associations freedom of expression, association and ARMED GROUP ATTACKS of families of the victims concerned, assembly. In Algeria, authorities harassed along with partner organizations, had members of the minority Ahmadi Among many other abuses, IS claimed campaigned for such a development for religious movement, subjecting dozens of responsibility for suicide bombings and over three decades. Tunisia witnessed them to trial or investigation, and ordered other deadly attacks targeting Shi’a the passing of a key milestone in its the closure of at least eight churches Muslims in Iraq, a majority there but transitional justice process. Its Truth and or other places of Christian worship. a minority in the region, and Coptic Dignity Commission finalized its work In Egypt, the government continued to Christians in Egypt, leading to the deaths investigating past human rights violations restrict the right of Christians to worship and injury of dozens of civilians. despite an attempt by the parliament to end its work prematurely. Its final report identified individuals responsible for grave human rights violations and the reasons underlying grave violations and presented recommendations to ensure their non-recurrence. It referred 72 cases to trial before 13 specialized criminal chambers. These included cases of enforced disappearance, death under torture and killings of peaceful protesters.

GENERALIZED IMPUNITY However, there was generalized impunity across the region for both past and ongoing violations. To take one glaring example that Amnesty International highlighted through its work, 2018 marked the 30th anniversary of the enforced disappearance and secret execution of thousands of imprisoned political dissidents in Iran. Despite the fact that these acts amounted to ongoing crimes against humanity, those responsible had evaded justice and in some cases had held or continued to hold powerful positions in Iran’s government Yazidis fleeing Mount Sinjar, Iraq, in August 2014, in the wake of attacks by the Islamic State armed group. The and judiciary. overwhelming majority of Yazidis remained displaced in 2018. © Amnesty International

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 10 REVIEW OF 2018 Amnesty International TRANSIT MIGRANTS LABOUR AND MIGRATION In the Maghreb, sub-Saharan migrants, HEALTH, WATER, SANITATION as well as refugees and asylum-seekers, faced a crackdown. In Algeria, the AND HOUSING MIGRANT LABOUR AND DOMESTIC authorities subjected thousands to WORKERS arbitrary detention, forcible transfer to WATER the far south of Algeria and expulsion There were some positive developments to neighbouring countries. Over Restrictions on access to water for at a legislative level in Morocco, Qatar 12,000 nationals of Niger and more drinking and other household use in and the UAE with respect to migrant than 600 nationals from other sub- marginalized communities in Iran, labour and/or domestic workers, but Saharan African countries, including Iraq and Tunisia raised concerns about migrant workers continued to face regular migrants, refugees and asylum- discrimination and fuelled protests. In exploitation in these and other countries, seekers, were summarily expelled Iran, thousands of people in Khuzestan including Bahrain, Jordan, Kuwait, to neighbouring Niger, according to province, populated mostly by Iran’s Lebanon, Oman and Saudi Arabia, in international organizations monitoring Ahwazi Arab minority, demonstrated large part due to kafala (sponsorship) the situation. In Morocco, thousands of against water shortages and poor quality systems, which limited their ability to sub-Saharan migrants, including children water, including untreated water that had escape abusive working conditions. and pregnant women, were unlawfully led to around 350 people contracting arrested and transported to remote areas intestinal infections. In Iraq, tens of In Morocco, the parliament passed a in the south of the country or close to the thousands of residents in the southern new law on domestic workers, entitling Algerian border. governorate of Basra were reported to domestic workers to written contracts, have been poisoned and hospitalized by maximum working hours, guaranteed The situation for refugees, asylum- polluted drinking water, fuelling ongoing seekers and migrants in Libya remained days off, paid vacations and a specified protests against government corruption bleak. The authorities continued to minimum wage. Despite these gains, and mismanagement of the neglected unlawfully detain refugees, asylum- the new law still offered less protection south. In Tunisia, water shortages and seekers and migrants, mainly those to domestic workers than the Moroccan inadequate water distribution resulted in intercepted at sea, in centres that, repeated water cuts in several regions, Labour Code, which does not refer to while official, were largely controlled prompting protests. domestic workers. by militias. Refugees, asylum-seekers and migrants were kept in appalling In Qatar, a new law partially removed conditions, subjected to forced labour, OCCUPATION AND BLOCKADE the exit permit requirement, allowing torture and other ill-treatment, and Israel’s illegal air, land and sea blockade the vast majority of migrant workers verbal abuse by guards, often to extract covered by the Labour Law to leave the money from their families in exchange for of the Gaza Strip entered its 11th year, country without seeking their employers’ their release. Women in particular were restricting the movement of people and permission. However, the law retained subjected to rape. goods into and out of the area, and some exceptions, including the ability collectively punishing Gaza’s 2 million of employers to request exit permits residents. Throughout much of the year, for up to 5% of their workforce. Exit WORKERS’ RIGHTS the Gaza Strip suffered fuel shortages permits were still required for employees that resulted in a maximum of four hours The right to work and organize in trade who fell outside the remit of the Labour of electricity per day. Israel reduced unions was undermined in a number of Law, including over 174,000 domestic to a record low the number of medical countries. In Iran, thousands of workers workers in Qatar and all those working in permits issued to Gazan residents to staged peaceful demonstrations and government entities. allow them to enter Israel and the West strikes in protest at unpaid wages, poor Bank for treatment. Denial of medical working conditions and other grievances. permits led to the deaths of at least In the UAE, the authorities introduced Authorities arrested hundreds of peaceful several labour reforms likely to be of protesters and strikers, sentencing many eight Palestinians, according to a local particular benefit to migrant workers, to prison terms and flogging. Bans on NGO. The situation was exacerbated by including a decision to allow some independent trade unions persisted. In punitive measures imposed by the West workers to work for multiple employers, Egypt, the authorities forcibly dispersed Bank-based Palestinian authorities, tighter regulation of recruitment strikes and held trade unionists in which decreased electricity and water processes for domestic workers and prolonged pre-trial detention. They also subsidies in Gaza and restricted the entry a new low-cost insurance policy that removed the names of hundreds of of medicine. protected private sector employees’ outspoken, independent candidates from workplace benefits in the event of job ballot papers for elections for leadership Meanwhile, Israel demolished 148 loss, redundancy or an employer’s roles in independent and state labour Palestinian properties in the West Bank, bankruptcy. unions. including East Jerusalem, 139 for

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 11 REVIEW OF 2018 Amnesty International lack of permits and nine for punitive prison sentences after unfair mass trials The State of Palestine acceded to reasons, according to a local NGO; 425 and military trials. In Iraq, thousands the Second Optional Protocol to the people, including 191 children, were left of men and boys who were arbitrarily International Covenant on Civil and homeless as a result. The Israeli Supreme arrested and forcibly disappeared Political Rights, aiming at the abolition Court approved the demolition of Khan by central Iraqi and Kurdish forces of the death penalty; it was the first state al-Ahmar village and forcible transfer while fleeing IS-held areas between in the region to do so. However, no action of its residents to make way for illegal 2014 and 2018 remained missing. was taken to translate this commitment Jewish settlements. The village was Israeli authorities placed in detention into practice. home to 180 members of the Bedouin or continued to detain thousands community and a school that educated of Palestinians from the Occupied A new law in Saudi Arabia stipulated a 170 children in the area. Palestinian Territories in prisons in Israel maximum prison sentence of 10 years in violation of international humanitarian for juvenile offenders in cases where they law. According to a local NGO, Israel might otherwise be sentenced to death; held 480 Palestinians as administrative however, it excluded crimes punishable COUNTER-TERROR AND detainees at the end of the year. Torture by death under Shari’a (Islamic law). At SECURITY and other ill-treatment of detainees held least four juvenile offenders remained at risk of execution at the end of the year. Government measures in the name on grounds of security by forces in these of security led to gross human rights and other countries were commonly In Iran, the number of drug-related violations across the region. reported. executions dropped following amendments to the anti-narcotics law. DENATURALIZATION AND BORDER However, courts continued to impose COUNTER-TERRORISM OPERATIONS death sentences, as well as other IN EGYPT CONTROL ORDERS cruel punishments such as flogging, In Egypt, the Ministry of the Interior Bahrain imposed denaturalization as a amputation and blinding, and numerous said that more than 164 people were criminal penalty against those convicted executions were carried out after unfair shot dead in exchanges of fire with in national security cases, stripping trials, some in public. A number of security forces during the year. Neither around 300 individuals of their nationality juvenile offenders were executed. prosecutors nor other authorities in 2018. In Tunisia, the authorities used investigated these incidents or border control orders to restrict the right Bahrain and Kuwait did not carry out allegations that many of the victims were to freedom of movement of thousands of executions in 2018, having resumed unarmed and in police custody before individuals. Such measures were often them in 2017 after hiatuses of several being shot. Videos emerged that revealed imposed in a discriminatory manner years. Nonetheless, like all other states the Egyptian air force’s use of cluster based on appearance, religious practices in the region except for Israel, they munitions, banned under international or previous criminal convictions and continued to hand down death sentences. law, in the military campaign in Sinai. without providing the reason or obtaining a court order. ARBITRARY DETENTION, TORTURE AND OTHER ILL-TREATMENT AND UNFAIR TRIALS DEATH PENALTY Arbitrary detention and prosecutions after There were some limited positive unfair trials were frequently recorded developments with respect to the in security cases. Bahrain saw its first death penalty in both law and practice. military trial of civilians under its new However, high numbers of individuals system of military jurisdiction over continued to be executed in Egypt, Iran, national security cases. In Egypt, courts Iraq and Saudi Arabia, many after being issued death sentences and lengthy sentenced to death in unfair trials.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 12 REVIEW OF 2018 Amnesty International Migrants arriving in Agadez, Niger, after a long journey in crowded open trucks, on 30 June 2018. The Algerian authorities summarily expelled thousands of nationals of Niger in 2018. © Francesco Bellina

Ahmadi religious movement because of owing to ill health, would run for a fifth ALGERIA their beliefs. A new law on health took presidential term in 2019. effect, guaranteeing access to health People’s Democratic Republic of Algeria care for all citizens; the grounds for legal In July, the UN Human Rights Head of state: Abdelaziz Bouteflika abortion were not extended, however. The Committee, which monitors state parties’ Head of government: Ahmed Ouyahia authorities continued a discriminatory compliance with the International crackdown on sub-Saharan migrants, Covenant on Civil and Political Rights, refugees and asylum-seekers, subjecting reviewed Algeria’s record. The authorities unduly restricted the several thousand to arbitrary arrest, rights to freedom of expression, peaceful detention and expulsion. Impunity for In October, political tensions increased assembly and association, including past abuses remained widespread. Death after the governing coalition elected a new by arbitrarily arresting and detaining sentences were handed down; there were parliamentary speaker; supporters of the journalists and activists using harsh no executions. ousted speaker called the move illegal. Penal Code provisions. Authorities Throughout the year, peaceful protesters maintained a de facto ban on protests expressed socioeconomic grievances. in the capital, Algiers, and sometimes used excessive force to disperse peaceful demonstrations across the country. BACKGROUND The authorities kept many associations Speculation continued over whether FREEDOM OF EXPRESSION in legal limbo. Judicial authorities President Abdelaziz Bouteflika, who had The authorities continued to use Penal harassed members of the minority not made a public speech since 2012 Code provisions to stifle freedom of

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 13 REVIEW OF 2018 Amnesty International expression. At least seven journalists and On 11 November, journalist Said In September, authorities prevented six activists were arrested and detained Chitour was sentenced to 16 months’ supporters of Mouwatana, a political under such provisions. In some cases, imprisonment (as well as a one-year group opposed to a fifth presidential term they were tried, convicted and even suspended prison term) following a for President Bouteflika, from peacefully sentenced to prison terms. one-day trial in which he was convicted gathering in the cities of Constantine and of espionage for selling classified Bejaia. Authorities in Bejaia detained Between 31 May and 1 June, journalists documents to foreign diplomats. He was at least three of the group’s founding Khelaf Benhadda, Said Boudour and released the same day, having already members for several hours before Adlène Mellah and whistle-blower spent 16 months in detention. The releasing them without charge. Noureddine Tounsi were arrested for conviction relied mainly on evidence “insulting institutions” and “undermining that he had produced reports on political national unity” after they covered a and human rights issues in Algeria and FREEDOM OF ASSOCIATION corruption scandal in the city of Oran. All provided them to foreign embassies. were released without charge on 4 June. The authorities kept many associations, including Amnesty International Algeria, On 25 December, the director of online in legal limbo by failing to respond On 6 June, the court of appeal in newspapers Algeria Direct and Dzair to registration applications submitted the city of Relizane upheld a two- Press, Adlène Mellah, was sentenced to as required by the highly restrictive year prison sentence against activist one year in prison and a fine of 100,000 Associations Law. Abdallah Benaoum on charges related to dinars (around US$840) for “incitement “exploiting the wounds of the national to an unarmed gathering” and civil On 27 February, without warning, tragedy”, referring to the internal conflict “rebellion”. The police had arrested him security forces sealed the offices of two which had engulfed Algeria in the 1990s, on 9 December in Algiers, where he was local NGOs – Algerian Women Claiming after he published Facebook posts critical taking part in a protest in support of a their Rights and the Feminist Association of the government. jailed Algerian singer. for the Development of the Person On 21 June, an appeal court in Bejaia and the Exercise of Citizenship. The confirmed the conviction of activist and FREEDOM OF ASSEMBLY authorities claimed the NGOs were not blogger Merzoug Touati in relation to legally registered but lifted the bans on Authorities maintained a de facto ban on peaceful online posts but reduced his their activities in March. protests in Algiers under an unpublished prison sentence from 10 to seven years. decree from 2001. Security forces In 2017 he had used social media to call In July, local authorities in Oran banned arbitrarily dispersed some gatherings on for Bejaia residents to protest against the seventh meeting of the Migration the grounds that they were unauthorized. Platform, a group of 15 national NGOs, a new finance law and to broadcast an An assembly organized to mark the 30th on the grounds that they did not interview he had conducted with an anniversary of anti-establishment riots in have “prior authorization for a public Israeli government spokesperson who October 1988 was authorized but heavily meeting”. In November, local authorities disputed accusations by the Algerian monitored. authorities that the Israeli authorities in Bejaia banned without providing were involved in protests in Algeria. Between January and April, law- justification a public event organized by Algerian authorities said Merzoug Touati enforcement officials in Algiers dispersed the Algerian League for the Defence of had “encouraged civil unrest”. a number of peaceful demonstrations Human Rights to commemorate the 70th by trainee doctors protesting about their anniversary of the UN’s adoption of the On 7 August, a court in the city of working conditions, sometimes using Universal Declaration of Human Rights. Ghardaia sentenced blogger Salim Yezza excessive force. On 3 January, security to a suspended one-year prison term for a officials forcibly entered a hospital in Facebook post that accused the authorities Algiers and used electroshock devices and FREEDOM OF RELIGION AND BELIEF of practising discrimination against the batons to prevent thousands of medical Judicial authorities harassed members of Mozabites, an Amazigh ethnic minority. staff from leaving the hospital to march, the minority Ahmadi religious movement injuring at least two dozen of them. because of their beliefs, subjecting Journalists - Merouane Boudiab and Protests on 19 March and 24 April were Abdou Semmar were detained for more also forcibly dispersed, with police on the dozens of them to trial or investigation, than 15 days in October and November second occasion forcing dozens of people as well as confiscating the passports of on charges that included defamation onto buses and then dumping them far some of them. In August, Mohamed Fali, after publishing, among other things, from Algiers, including in the town of the then president of Algeria’s Ahmadi allegations that the governor of Algiers Lakhdaria, more than 70km away. community, was detained in Annaba acted improperly in the context of a for several hours. Kamel Tihmamine, housing construction project. They were In July, security forces in the city of an Ahmadi, continued to be held under released on 8 November, but the case Ouergla forcibly dispersed a protest house arrest on charges of collecting remained open. against unemployment. donations without a licence, “denigrating

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 14 REVIEW OF 2018 Amnesty International Islamic dogma” and membership of an According to UNHCR in Algeria, on and improving provisions for maternal unauthorized association. He was still 26 December, the Algerian authorities health. The grounds for legal abortion awaiting trial at the end of the year. deported at least 100 Syrian, Yemeni were not extended, however “Therapeutic and Palestinian nationals to the border interruption of pregnancy” remained During the year, local authorities in several with Niger and left them stranded in the authorized only on the grounds of threats regions ordered the closure of at least desert. These included several registered to the life of a pregnant woman or girl, eight churches or other places of Christian refugees and asylum-seekers who had or serious threats to their “psychological worship, seven of them Protestant, previously been detained in Tamanrasset. and mental health”. Abortion in all other saying that they did not comply with a circumstances was still criminalized, 2006 decree on “non-Muslim cults” In April, the UN Committee on the with punishment of up to five years’ Protection of the Rights of All Migrant and security standards. In June, local imprisonment for doctors and two years Workers and Members of their Families authorities allowed two Protestant for women and girls. reviewed Algeria’s second report on this churches in the Oran region to reopen issue and expressed concerns regarding Women were discriminated against in law after they had sealed them in February. the collective expulsion to Niger of and practice. The Family Code continued regular and irregular migrant workers, to discriminate against women in matters as well as refugees and asylum-seekers, of marriage, divorce, child custody and MIGRANTS, REFUGEES AND who were often abandoned in the desert. guardianship, and inheritance. ASSYLUM-SEEKERS The committee stated that those expelled were at high risk of violence, including The authorities continued a crackdown The Penal Code continued to prohibit sexual violence and exploitation. on sub-Saharan migrants that began rape without defining it or explicitly in August 2017, subjecting several recognizing marital rape as a crime. In its concluding observations, the thousand of them to arbitrary arrest, committee recommended that the detention, forcible transfer to the Algerian government develop a far south of Algeria and expulsion to IMPUNITY FOR PAST ABUSES comprehensive strategy for labour neighbouring countries. In April, security migration and allow migrant workers, The authorities took no steps to counter forces hit migrants with batons and including those in an irregular situation, the overwhelming impunity that existed kicked them during raids and mass to access justice, police services, health for grave human rights abuses and arrests in the city of Oran. care, education, social security and possible crimes against humanity, housing without fear of being arrested, including unlawful killings, enforced During the year, over 12,000 nationals of detained or deported by the authorities. disappearances, rape and other forms Niger and more than 600 nationals from of torture, committed by security forces other sub-Saharan African countries, The authorities continued to convict and armed groups in the 1990s during including regular migrants, refugees Algerians attempting to reach Europe Algeria’s internal conflict. and asylum-seekers, were summarily through locations other than official expelled to neighbouring Niger, border exit posts for the crime of according to international organizations “unlawfully exiting the country”, imposing DEATH PENALTY monitoring the situation. In parallel, on them suspended sentences of to up to the authorities forcibly transported over Courts continued to hand down death six months in prison, as well as fines. 11,000 nationals of sub-Saharan African sentences. No executions had been countries to the border with Niger and carried out since 1993. left them there and took similar action against more than 3,000 others whom WOMEN’S RIGHTS they left at the border with Mali. In some In August, a new law on health took cases, the security forces compelled effect, guaranteeing equal access to migrants at gunpoint to walk through the health care for all citizens, introducing desert to cross the borders. measures to protect women from violence

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 15 REVIEW OF 2018 Amnesty International A Bahraini woman walks past images of political prisoners plastered on a wall in Sanabis, Bahrain, as she makes her way to attend events for the Shi’a religious occasion of Ashoura on 22 October 2015. Arabic graffiti reads “we will not forget you” (top) and “many prisoners are not with us... may God free them” (bottom). © Hasan Jamali / AP / REX / Shutterstock

first military trial of civilians since November. With all opposition political BAHRAIN 2011 was accompanied by reports of societies previously dissolved and their torture or other ill-treatment of the membership banned from fielding Kingdom of Bahrain defendants that were never adequately candidates, no opposition political figures Head of state: Hamad bin Isa Al Khalifa investigated. Bahraini prisons continued were able to run. Head of government: Khalifa bin Salman al-Khalifa to be characterized by arbitrary punitive action, degrading treatment of prisoners, Bahrain remained a part of the Saudi and withholding and/or unjustifiable Suppression of freedom of expression on Arabia-led coalition engaged in the armed delay of medical care. Women faced political issues remained widespread, conflict in Yemen and the Gulf regional discrimination in law and in practice. with many high-profile dissidents crisis in which Bahrain, Saudi Arabia and Migrant workers faced exploitation. imprisoned on speech-related charges. the United Arab Emirates (UAE) severed Bahrain continued to issue death Public protests remained officially relations with Qatar in 2017. sentences in 2018, though no executions banned in the capital. The government were reported. The country remained further curbed the right to freedom closed to independent outside observers. of association by making legislative FREEDOM OF EXPRESSION amendments that had a de facto Suppression of freedom of expression on discriminatory impact on Shi’a groups. political issues remained widespread, The authorities continued to impose with many high-profile dissidents denaturalization as a criminal penalty BACKGROUND imprisoned on speech-related charges. against those convicted in national Bahrain held elections for the lower, Most human rights defenders in Bahrain security cases, stripping roughly 300 non-appointed house of its National had been jailed, silenced or forced to individuals of their nationality. Bahrain’s Assembly, the Council of Deputies, in move abroad since 2016.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 16 REVIEW OF 2018 Amnesty International Human rights defender and prisoner REVOCATION OF NATIONALITY AND authorities, discounted the claims of of conscience Nabeel Rajab continued STATELESSNESS torture, although the evidence it reviewed serving multiple prison sentences based was consistent with the possibility of on his exercise of freedom of expression, Bahrain continued to create a stateless torture or other ill-treatment. while new speech-based charges and population within its borders by imposing convictions continued to be added denaturalization as a criminal penalty Bahraini prisons continued to be against him. In January Bahrain’s highest against those convicted in national characterized by arbitrary punitive action, security cases. Amnesty International judicial authority, the Court of Cassation, degrading treatment of prisoners, and tallied around 300 individuals stripped upheld his conviction for criticizing the withholding and/or unjustifiable delay of of their nationality in 2018, bringing authorities in a television interview for medical care. Prisoners with extremely the total figure since 2012 up to over grave conditions such as cancer and refusing to allow journalists and human 800. The Bahraini government expelled multiple sclerosis faced unaccountable rights groups into the country. In February four of these ex-citizens in January, delays in receiving their medication, and a criminal court sentenced him to five and a significant number emigrated, requests for surgery needed to alleviate years in prison for commenting on Twitter mainly to Iran, Iraq and Europe; chronic pain – in some cases allegedly on the war in Yemen and ill-treatment in those who remained within Bahrain due to injuries sustained at the hands of a Bahraini prison. This conviction was lived as conditional residents, facing security forces or prison guards – were upheld on appeal in June and by the socioeconomic marginalization. Non- rarely granted. In an egregious case, Court of Cassation on 31 December. nationals were not automatically eligible Ahmed Merza Ismaeel, the brother-in- for government benefits provided to most law of Shi’a political leader Sheikh Ali Ali Salman, the leader of Bahrain’s of the native population such as housing Salman, continued to be deprived of largest opposition political society, al- subsidies and were unlikely to be hired medication to manage his sickle-cell Wefaq, remained imprisoned on speech- within the public sector, which makes anaemia – an extremely painful blood related charges throughout 2018, and up a disproportionately large share of the disease – and had been in need of a faced spurious new charges of “spying” labour market. cholecystectomy (surgery to remove related to telephone conversations he the gall bladder) since summer 2016. had with senior Qatari officials during the The Ministry of Interior Ombudsman’s country’s 2011 uprising. Though he was UNFAIR TRIALS office proved unresponsive or ineffective acquitted of the spying charges in June, There continued to be credible reports in addressing complaints of medical an appeals court overturned that verdict in 2018 of coercion, including torture neglect in most of the cases Amnesty in November, sentencing him to life. or other ill-treatment, being commonly International documented. used, especially in national security cases, in order to extract “confessions”, The authorities subjected Nabeel Rajab FREEDOM OF ASSOCIATION AND which were then allowed to be used in and a group of 11 other prisoners of court to convict defendants. In January conscience held in Jaw prison to various ASSEMBLY a military court convicted civilians, forms of harassment and degradation. In Public protests remained officially including individuals who had been the most serious form of mistreatment, banned in the capital, Manama, while subject to enforced disappearance. It the prison administration continued the government took several steps to was the first military trial of civilians to refuse members of the group further legally curb the right to freedom since 2011 and the first under Bahrain’s access to proper medical care unless new system of military jurisdiction over of association. In June Bahrain amended they submitted to shackling. Though national security cases. its Law on Associations to bar members distribution of medication would not of political opposition groups from require prisoners to leave their cells, Trials of excessive numbers of defendants participation on the boards of civil in the same cases continued in civilian the prison administration refused to society organizations. In the same month courts, including a mass trial in June in give prisoner of conscience Hassan the government also revised the Law on which 115 defendants were stripped of Mshaima all of his medications unless the Exercise of Political Rights in order their Bahraini nationality. he submitted to shackled trips to the to ban “active leaders and members of prison infirmary. As a result, he had to be dissolved political associations” from hospitalized for diabetic hyperglycaemia running for office, thus preventing the TORTURE AND OTHER ILL- in January. major religious and secular political opposition groups in Bahrain from TREATMENT In September, guards under the standing for election to public office. Bahrain’s first military trial of civilians commanding officer at Isa Town Both laws had a de facto discriminatory since 2011 was accompanied by reports Women’s Rehabilitation and Reform effect by further excluding the civic of torture or other ill-treatment of the Centre physically assaulted prisoner of leadership of Shi’a groups – which defendants that were never adequately conscience Hajer Mansoor Hasan, Najah are more heavily represented in the investigated. The National Institution for Ahmed Yusuf and Medina Ali Ahmed political opposition than Sunnis – from Human Rights, in a retrospective review when they tried to join in Shi’a religious participation in governance and civic life. based largely on the accounts of Bahraini rites on the Muslim holy day of Ashoura

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 17 REVIEW OF 2018 Amnesty International with other prisoners. Immediately after, DEATH PENALTY new restrictions were imposed on all prisoners at Isa Town, including 23- Bahrain continued to issue death hour lockup. The timing and the lack of sentences in 2018, though no executions any apparent administrative or security were reported. In positive developments imperative indicated that the measures on individual cases, the judiciary were purely punitive in nature. The announced that it would review the National Institution for Human Rights death sentences previously issued justified the incident as “reasonable against Mohamed Ramadan Husain and use of force… to guarantee the safety of Husain Ali Mohamed in light of new the inmate[s]” and found no fault with evidence found by the Office of Public respect to the prison’s lockup policy or Prosecution’s Special Investigation Unit, and the king commuted several other restrictive measures. death sentences handed down against civilians under military jurisdiction to WOMEN’S RIGHTS life imprisonment. Women faced discrimination in law and in practice. Transmission of nationality ACCESS continued to be restricted to Bahraini Bahrain remained closed to independent fathers, so that Bahraini women who had outside observers in 2018. Amnesty children by men of other nationalities International continued not to be granted could not pass on their Bahraini access by the government. Multiple UN citizenship. human rights bodies were also unable to visit the country. The UN Working Group MIGRANT WORKERS on Arbitrary Detention reiterated its standing request made in January 2017 Migrant workers continued to face labour for a country visit. The Working Group exploitation. Hundreds of workers took on Enforced Disappearances issued its part in protests in June requesting their third reminder about a visit request that unpaid wages. The government did had been pending since 2015. The UN not respond to Amnesty International’s Special Rapporteurs on torture and on requests for information regarding the freedom of assembly and association situation of workers at the engineering had had requests to visit pending since company Mercury MENA, which operated 2011; the Special Rapporteur on torture in several Arab Gulf states and had left had sent multiple follow-up requests to many of its workers unpaid for over a year. no avail.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 18 REVIEW OF 2018 Amnesty International Members of Egypt’s banned Muslim Brotherhood are seen inside a glass dock during their trial in the capital, Cairo, on 28 July 2018. An Egyptian criminal court referred 75 death sentences, including of Muslim Brotherhood leaders, to the country’s grand mufti for consultation on the same day. © Khaled Desouki / AFP / Getty Images

executions. Civilian and military courts electricity subsidies and raised the EGYPT issued mass verdicts after unfair trials prices of publicly administered services, and sentenced hundreds of people to including water, fuel and transport, Arab Republic of Egypt death. The authorities prosecuted two leading to sporadic small protests that Head of state: Abdel Fattah al-Sisi women who spoke out against sexual police repressed. President al-Sisi Head of government: Moustafa Madbouly (replaced Sherif Ismail in June) harassment, while discriminating against renewed the state of emergency every women in law and practice. People three months. were arrested on the basis of their real The scope of Egypt’s human rights crisis or perceived sexual orientation. The On 9 February, the military launched expanded, as the authorities arrested authorities prevented Christians from operation “Sinai 2018” against militants opponents, critics, satirists, current freely practising their beliefs and failed in North Sinai. Linked to the operation, and former human rights and labour to hold to account those responsible for the authorities introduced restrictions rights activists, journalists, presidential sectarian violence. The armed forces on movement and closed fuel stations, candidates and sexual harassment used US-imported banned cluster bombs suspended schools and banned some survivors. The authorities used prolonged in an ongoing military operation in Sinai. commercial activities, including fishing. pre-trial detention to imprison opponents, and restricted and harassed civil society A new law approved in July allowed the organizations and staff. The authorities president to identify senior leaders of used solitary confinement that amounted BACKGROUND the armed forces whom he wished to to torture and other ill-treatment and President Abdel Fattah al-Sisi won a shield from prosecution for any action enforced disappearance against hundreds second presidential term, with 97% committed between 3 July 2013 and of people with impunity, and failed of the valid votes. The authorities 10 January 2016. The period covers 14 to investigate cases of extrajudicial implemented new cuts to energy and August 2013, when the security forces

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 19 REVIEW OF 2018 Amnesty International and army killed up to 1,000 people in a for the Cairo metro. The authorities Coordination for Rights and Freedoms, single day during the dispersal of Rabaa ordered their release on probation, which and held them incommunicado for 21 al-Adawiya and Nahda square sit-ins. required their incarceration in a police days, prompting the organization to station for 12 hours every day. suspend its activities. On 21 November, Hoda Abdelmoniem appeared at the FREEDOM OF EXPRESSION AND office of the public prosecution for ASSEMBLY FREEDOM OF ASSOCIATION AND questioning but was subsequently HUMAN RIGHTS DEFENDERS returned to incommunicado detention at In January, the authorities intensified an undisclosed location. the crackdown on dissent they started The authorities continued to harass in December 2017 in the run-up to and restrict the work of civil society In May, labour and human rights lawyer the presidential elections, arbitrarily organizations and their staff. Haytham Mohamdeen was arrested and arresting at least 113 people solely for Investigative judges conducting a accused of participating in a protest peacefully expressing critical opinions. criminal investigation into the work against the metro price rises, even The crackdown targeted a broad range of and funding of Egyptian civil society though he did not participate in the independent voices, including political organizations in relation to Case 173 protest. He was released on 30 October and media critics, and satirists. of 2011, banned human rights lawyer on probation, under which he had to Khalid Ali from travel in October. This spend 12 hours every week detained in a Among those arrested were many senior brought the total number of NGO workers police station. political figures who had publicly banned from travelling to 30. The judges criticized the president or attempted also summoned six directors and staff to run against him in the presidential members of civil society organizations UNFAIR TRIALS AND ARBITRARY elections. Sami Anan, the military’s for interrogation and later ordered their former chief of staff, was arrested release on bail. DETENTION in January after he announced his The authorities used prolonged pre- candidacy. Abdelmonim Aboulfotoh, In April, the Court of Cassation trial detention to imprison opponents founder of the Misr Al-Qawia political overturned the 2013 convictions of 43 and activists. Prosecutors and judges party, was arrested in February staff of US and German NGOs in the used vague and unfounded charges to in relation to media interviews he first part of Case 173 regarding foreign arbitrarily detain critics, with regular had given. In April, a military court funding of NGOs, and ordered a retrial. renewals of detention and without referral sentenced Hisham Genina, Egypt’s In December, the Cairo Criminal Court to trial, based only on National Security former top auditor, to five years in prison acquitted all 43 defendants. Agency investigations. Among those after he criticized the president in a detained were blogger Wael Abbas and media interview. In October, a court The authorities also began implementing satirist Shady Abu Zied, held in pre- upheld a suspended three-month prison the repressive 2017 NGO law against trial detention since May on charges of sentence for “public indecency” against new organizations attempting to “membership in a banned group” and former presidential candidate Khalid Ali, register or amend their by-laws, without “disseminating false information”. Wael thereby disqualifying him from running having issued executive regulations. In Abbas was released on probation on 11 for office again. November, the government announced December, requiring him to report to a that it would form a committee to amend nearby police station for four hours twice President al-Sisi ratified two laws that the law. a week. muzzled independent media. The laws gave the state almost total control over Human rights defenders continued to Courts continued to issue verdicts after print, online and broadcast media. They face reprisals for their work. In March, unfair mass trials. In September, the also allowed prosecutors to use vague the authorities arrested human rights Cairo Criminal Court issued its verdict charges to prosecute media entities and lawyers Ezzat Ghoniem and Azzoz in the grossly unfair mass trial of 739 individuals with over 5,000 followers Mahgoub for their role in supporting people for participating in the sit-in on social media, and give police and the families of forcibly disappeared at Cairo’s Rabaa al-Adawiya Square investigative authorities the power to individuals and detained them on on 14 August 2013, during which the monitor and block websites containing unfounded charges. After a court ordered security forces and army shot dead material they deemed harmful to their release in September, they were more than 900 protesters. The court national security. forcibly disappeared by security forces sentenced 75 people to death, 47 to and their whereabouts remained unknown 25 years in prison, and 612 to prison The police responded harshly to people at the end of the year. sentences ranging from five to 15 years, protesting peacefully against austerity including 22 children. Among them measures. In May, security forces In October, the authorities arrested at was photojournalist Mahmoud Abu Zied arrested at least 35 people on charges of least 31 human rights defenders and “Shawkan”, who was sentenced to five “participating in unauthorized protests” lawyers, including Hoda Abdelmoniem years in prison after he had already spent and “membership in a terrorist group” for and Mohamed Abu Horira, former over five years in pre-trial detention protesting against the rise in ticket prices spokesperson for the Egyptian merely for taking photos of the Rabaa

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 20 REVIEW OF 2018 Amnesty International sit-in dispersal. Of the group, 346 had Boumidan, in solitary confinement for had led in the past to reprisals against spent five years in pre-trial detention and more than six months. survivors. In a rare case, in September, remained in prison at the end of 2018. a court sentenced a man to two years in The court also ordered the defendants The authorities denied prisoners prison for sexually harassing two women. to pay collectively the total amount of access to adequate medical care. They damages and imprisoned them for six prevented human rights defender Hanan The authorities arrested two women, more months for failure to pay. Badr el-Din, co-founder of the Families Mouna al-Mazbouh and Amal Fathy, of the Disappeared League, who has a after they spoke out against sexual genetic disorder that causes fever and harassment in Egypt on their Facebook ENFORCED DISAPPEARANCES AND painful inflammation of the abdomen, accounts. In September, Amal Fathy, a EXTRAJUDICIAL EXECUTIONS lungs and joints, from regularly accessing human rights defender, was sentenced the health care she needed and only to two years in prison. On 30 December, The authorities continued to use occasionally allowed her family to bring an Egyptian court rejected her appeal enforced disappearances against in the necessary medication. and upheld the two-year prison sentence critics and human rights lawyers and against her. She also faced separate defenders, for periods of up to 30 days. charges of “membership in a terrorist According to the Egyptian Commission DEATH PENALTY group” in a second case under which for Rights and Freedoms, security forces she was held in pre-trial detention until subjected at least 82 people to enforced Courts continued to hand down death her provisional release on probation on disappearance between January and sentences after unfair mass trials and 27 December. In July, a court sentenced August. Islam Khalil, a former victim military trials. Lebanese tourist Mouna al-Mazbouh to of enforced disappearance and torture eight years in prison; this was reduced and other ill-treatment, was forcibly In September, the Cairo Criminal Court on appeal in September to a suspended disappeared for 20 days between 10 sentenced 75 men to death after a one-year sentence and she was released March and 1 April and then charged with grossly unfair trial. The same month, later that month. fabricated offences. the Court of Cassation upheld death sentences against 20 men, including The Ministry of the Interior said that one aged 78. In both cases, the court FREEDOM OF RELIGION AND BELIEF more than 164 people were shot dead did not prove the individual criminal in exchanges of fire with security forces responsibility of those convicted, and The government continued to restrict during the year. Neither prosecutors lawyers reported that the court did not the right of Christians to worship in law nor other authorities investigated these allow many of their witnesses to appear and practice, and failed to bring those incidents or allegations that many of or accept evidence they tried to submit. responsible for sectarian violence against the victims were unarmed and in police Christians to justice. The authorities custody before being shot. In May, a In March, the Military High Court upheld granted full registration to only 588 out video was published online showing death sentences against Ahmed Amin of almost 3,730 churches and associated military officers extrajudicially executing Ghazali and Abdul Basir Abdul Rauf, buildings that had applied for it under an unarmed child in Sinai; Amnesty even though the conviction relied on the new Law on the Construction and International verified it as genuine. “confessions” extracted under torture Reparation of Churches, which required while they were held incommunicado. In approvals from several state bodies, December, the Supreme Military Court of including security services. TORTURE AND OTHER ILL- Appeals formally accepted their appeal, TREATMENT overturning their death sentences and The authorities also closed at least four ordering a retrial. churches, in some instances after they The authorities continued to use torture were attacked by locals and in others and other ill-treatment in places of Tens of people convicted by both civilian based on allegations that they were detention, and subjected prisoners unlicensed or in violation of their original and military courts were executed. to prolonged and indefinite solitary designation, despite having applied for confinement for periods ranging between registration. This practice is in violation three weeks and over four years. In WOMEN’S RIGHTS of the Law on the Construction and some cases, prison authorities detained Reparation of Churches, which states prisoners in small cells that lacked Sexual harassment remained widespread that the authorities must not close proper lighting, ventilation or beds, and the authorities took limited steps down churches that have applied for forcing inmates to sleep on the ground, to hold those responsible to account. registration. and prohibited prisoners from using The process for officially reporting toilets when they needed them. They sexual harassment remained extremely In February, a court sentenced 19 also provided insufficient food. Such strenuous for women survivors. State Muslim men to a one-year suspended treatment amounted to torture in at least institutions, including prosecutors and prison sentence and fined a Christian six cases. In one case, the authorities police stations, failed to respect the man for “building an unlicensed church“ detained a 12-year-old child, Abdallah privacy of survivors, a shortcoming that after several men attacked the church

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 21 REVIEW OF 2018 Amnesty International in December 2017 in a village in Giza principle of non-refoulement. Military Sinai. The military stated on several governorate. An appeals court later struck judges prosecuted Egyptians and foreign occasions that it had used air strikes to down the conviction of the Christian man. nationals leaving or entering Egypt by kill individuals identified as militants, land outside official crossings; these instead of attempting to apprehend them In April, after several men burned down areas are considered military zones. and bring them to justice. the houses of Christians in a village in Those convicted tended to be sentenced Beni Souef governorate and attempted to terms of imprisonment, which were In February, the military shared two to attack a church there, security forces suspended in the case of Egyptians. videos on its social media accounts in arrested 20 Christian men and accused relation to a military operation in North them of assault and “incitement to In October, security agencies arrested Sinai. The first showed US-made CBU-87 violence”, but later released them. a Sudanese critic and held him Combined Effects Weapons, a type of incommunicado for three days. They then cluster bomb, being loaded onto fighter In August, security forces arrested five deported him to Sudan, where he was at jets set to be deployed to North Sinai. Christian men in a village in Aswan risk of torture and other ill-treatment and The second, released 12 days later, and accused them of “holding religious faced several charges that could carry the showed an unexploded US-made Mk 118 rituals in an unlicensed building” – a death penalty. In January, the head of the cluster munition, which could only have church awaiting registration – after Southern Military Region ratified a one- been dropped by the Egyptian air force. several men surrounded the church to year suspended prison sentence issued by Cluster munitions are banned under protest against the prayers being held a military court against 13 Syrians. The international law. there. The authorities released the authorities released 11 of the men but attackers and the five men after agreeing deported the other two to Sudan. In October, the military killed four men to an informal settlement. at a checkpoint as they were leaving their workplace. The military did not announce LABOUR RIGHTS an investigation into the incident. The authorities forcibly dispersed strikes RIGHTS OF LESBIAN, GAY, The authorities continued to harass and and held trade unionists in prolonged BISEXUAL, TRANSGENDER AND threaten journalists covering the military pre-trial detention. They also removed INTERSEX (LGBTI) PEOPLE the names of hundreds of outspoken, operation in North Sinai. In May, a military court sentenced journalist and The authorities arrested and prosecuted independent candidates from ballot researcher Ismail el-Iskandrani to 10 LGBTI individuals on the basis of their papers for elections for leadership roles years’ imprisonment for his work on the real or perceived sexual orientation and in independent and state labour unions in operation. In September, police raided gender identity. June, which led to unrepresentative unions controlled by pro-government figures. and burned down the family home of a journalist in Arish known for covering the In February, the authorities arrested events in Sinai for an opposition news two men and accused them of “public In April, security forces arrested five men channel based in Turkey. Police had indecency”. The prosecution ordered and one woman for participating in a previously raided his house and asked his their release after charging them with peaceful strike in Cairo over the refusal family about his whereabouts. organizing a party without a licence. of their employers to pay annual bonuses. Also in February, nine men were arrested The prosecutor ordered their release. and detained for “habitual debauchery” In October, the authorities arrested two under under the Law on the Combating of members of the nursing trade union, a Prostitution. In April, police arrested two man and a woman, for “disseminating men for “public indecency” and detained false news” and “membership in a them, before bringing them before banned group”. They were both released prosecutors. The case had not been by the end of the year, but one of them referred to trial by the end of 2018. was referred to trial in November.

REFUGEES’ AND MIGRANTS’ RIGHTS MILITARY OPERATION IN SINAI: Security forces deported at least one HUMAN RIGHTS VIOLATIONS asylum-seeker to a country where his life The authorities enforced a strict media or safety were at risk, in violation of the blackout on the military campaign in

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 22 REVIEW OF 2018 Amnesty International Demonstration in support of protesting steel workers by their families in the city of Ahvaz, Iran, in December 2018. The placards read: “We are the children of workers. We stand alongside them.” © Iranian Labour News Agency

death row. They included people who Clashes continued to take place along IRAN were under the age of 18 at the time of Iran’s borders, during which armed the crime. groups killed dozens of border guards. Islamic Republic of Iran Head of state: Sayed Ali Khamenei Iran conducted military operations in Head of government: Hassan Rouhani support of government forces in the armed conflict in Syria, from where it BACKGROUND also launched rockets against Israel. The human rights situation in Iran severely deteriorated. The authorities In March, the UN Human Rights Council renewed the mandate of the UN Special suppressed the rights to freedom of Rapporteur on the situation of human FREEDOMS OF EXPRESSION, expression, association and peaceful rights in Iran. assembly, as well as freedom of religion ASSOCIATION AND ASSEMBLY and belief, and imprisoned hundreds The authorities intensified their In August, the UN Special Rapporteur of people who voiced dissent. Trials crackdown on the rights to freedom of on the negative impact of the unilateral were systematically unfair. Torture and expression, association and peaceful coercive measures on the enjoyment of other ill-treatment were widespread and assembly, jailing hundreds of people human rights criticized the reimposition committed with impunity. Floggings, on spurious national security charges. of sanctions against Iran after the United Among those targeted were peaceful amputations and other cruel, inhuman States’ unilateral withdrawal from the political dissidents, journalists, online and degrading punishments were carried nuclear deal, stating that international media workers, students, filmmakers, out. The authorities sanctioned pervasive sanctions must be lawful, proportional musicians and writers, as well as human discrimination and violence based and must not harm the human rights of rights defenders including lawyers, on gender, political opinion, religious ordinary citizens. He said: “These unjust women’s rights activists, minority rights belief, ethnicity, sexual orientation, and harmful sanctions are destroying the activists, trade unionists, environmental gender identity, and disability. economy and currency of Iran, driving activists, anti-death penalty campaigners, millions of people into poverty” and will and those seeking truth, justice and Executions took place, sometimes in “likely lead to silent deaths in hospitals reparation for the mass executions and public, and thousands remained on as medicines run out”. enforced disappearances of the 1980s.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 23 REVIEW OF 2018 Amnesty International EXCESSIVE USE OF FORCE Human rights defenders and lawyers HOUSE ARRESTS OF OPPOSITION continued to face arbitrary arrest, Tens of thousands of men and women LEADERS detention and prosecution in reprisal took to the streets throughout the year for their work. Prominent human In August, the Supreme Leader rejected to protest against poverty, corruption, rights lawyer Nasrin Sotoudeh and her the president’s proposal to release repression and authoritarianism. husband, Reza Khandan, were arrested opposition leaders Mehdi Karroubi and and faced charges in connection with Mir Hossein Mousavi and the latter’s Two major nationwide protests took place wife, Zahra Rahnavard, from house in January and July/August. Security their support of women protesting arrest, where they have remained without forces violently dispersed the protests, against forced hijab (veiling). Other charge or trial since 2011. beating unarmed protesters and using lawyers arrested and/or prosecuted live ammunition, tear gas and water included Amir Salar Davoudi, Arash cannons against them, causing deaths Keykhosravi, Ghassem Sholeh-Sa’di, and injuries. Farokh Forouzan, Mohammad Najafi, TORTURE AND OTHER ILL- Mostafa Daneshjoo, Mostafa Tork TREATMENT In January, around 5,000 protesters Hamadani, Payam Derafshan and Torture and other ill-treatment, including were arrested. The judiciary spokesman Zeynab Taheri. said 25 protesters were killed but that prolonged solitary confinement, “the weapons used and responsible remained systematic, especially during Authorities arrested and detained, [for the deaths] did not belong to the interrogations. Authorities failed to prosecuted or continued to imprison security forces”. In July/August, over 100 investigate allegations of torture or at least 112 women human rights protesters were arrested. At least one exclude “confessions” obtained under protester was killed. No officials were defenders. torture as evidence against suspects. held accountable. In June, the head of the judiciary At least nine people died in custody In June, security forces in Khuzestan implemented the Note to Article 48 under suspicious circumstances following province unnecessarily used tear gas of the Code of Criminal Procedure, their arrests in connection with the against protesters in Ahvaz and other which denies individuals facing some protests in late 2017 and early 2018. cities who were demonstrating against charges, including those related to Officials claimed some had committed water shortages and poor water quality. national security, the right to access suicide, claims which were disputed by their families. After reporting torture The interior minister denied reports that a lawyer of their own choosing during marks on some victims’ bodies, lawyer a male protester was killed. the investigation stage and forces them Mohammad Najafi was arrested; he was to choose from a short list of lawyers later sentenced to a total of 14 years ARBITRARY ARRESTS AND approved by the head of the judiciary. in prison and 74 lashes for charges DETENTIONS including “disturbing public order”. Authorities arbitrarily arrested and CRACKDOWN ON MEDIA In February, Canadian Iranian academic detained thousands of individuals. Most and environmental activist Kavous Seyed Censorship of all forms of media and were denied access to an independent Emami died in Evin prison following jamming of foreign satellite television lawyer of their choosing. Hundreds his arbitrary arrest two weeks earlier. channels continued. of them faced unfair trials, lengthy Authorities claimed he committed suicide prison sentences, torture and other and refused to release his body unless Some journalists and online media ill-treatment. his family agreed to an immediate burial workers were arbitrary arrested and without an independent autopsy. Dozens of environmental activists were detained; several were prosecuted and Prisoners held for politically motivated arrested throughout the year. Four were received prison and/or flogging sentences. reasons were denied adequate medical charged with “corruption on earth”, which The Association of Journalists remained care, often as punishment; in some carries the death penalty. suspended. cases, this amounted to torture. Human rights defender Arash Sadeghi developed Administrators of the popular mobile Hundreds of people were arrested at cancer in prison. Authorities tortured him messaging application Telegram were private mixed-gender parties. Some were by deliberately depriving him of specialist given harsh prison sentences. In April, subjected to flogging sentences. medical care. Telegram was banned, although millions In May, 17-year-old Maedeh Hojabri of Iranians continued to use it through Prisoners endured cruel and inhuman was briefly detained for posting on her circumvention tools. conditions of detention, including Instagram account videos of herself overcrowding, inadequate food, dancing. Her forced “confession” was Facebook, Twitter and YouTube remained insufficient beds, poor ventilation and broadcast on state television. blocked. insect infestations.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 24 REVIEW OF 2018 Amnesty International CRUEL, INHUMAN OR DEGRADING Gonabadi Dervishes faced a vicious children. Women had limited access to PUNISHMENT crackdown, particularly since February, affordable, modern contraception. when a peaceful protest was violently Judicial authorities continued to impose quashed. Hundreds were arrested and A long-standing bill to protect women and carry out, including in public, cruel over 200 were sentenced after unfair against violence remained stalled. and inhuman punishments amounting trials to between four months and The authorities continued to fail to to torture. 26 years in prison, flogging, internal criminalize gender-based violence, “exile”, travel bans, and bans on including domestic violence and marital Scores of individuals faced flogging membership of political and social rape. Acts of violence against women sentences for theft and assault as well as groups. In February, 92-year-old Nour and girls, including domestic violence for acts that, under international human Ali Tabandeh, the spiritual leader of the and early and forced marriage, were rights law, must not be criminalized. Gonabadi Dervish religious minority, was widespread. Such acts included attending peaceful put under house arrest. protests and cultural gatherings, having According to official sources, between extra-marital relationships and attending Christians, including converts, continued 21 March and 21 September, at least mixed-gender parties. to face harassment, arbitrary arrest and 366 girls aged below 15 and 29 girls detention, and harsh prison sentences. aged below 10 were married. The In April, three minority rights activists Raids on house churches continued. parliament continued to debate a from the Azerbaijani Turkic ethnic Victor Bet-Tamraz and Shamiram Issavi, proposed amendment to Article 1041 minority were sentenced to four months’ ethnic Assyrian Christians, and Amin of the Civil Code on the age of marriage. imprisonment and 40 lashes for Afshar-Naderi and Hadi Asgari, Christian The amendment, which would ban “disrupting public order” by participating converts, were sentenced to between marriage for girls under 13, was rejected in a peaceful cultural gathering. five and 15 years in prison for peacefully by the parliament’s judicial and legal practising their faith. committee in December but remains In July, a man known as M.R. was tied to under parliamentary review. If approved, a tree in Razavi Khorasan province and Widespread and systematic attacks the legal age of marriage for girls would flogged 80 times. He had been convicted continued against the Baha’i minority, be raised from 13 to 16, although girls a decade earlier of consuming alcohol including arbitrary arrests and aged between 13 and 16 could still be when he was 14 or 15 years old. imprisonment, forcible closure of married subject to approval both from businesses, confiscation of property, a court and from state medical doctors The Supreme Court imposed and upheld bans on employment in the public sector who would determine whether the child amputation sentences. In January, and denial of access to universities. in question was “physically capable” of authorities amputated the hand of a man, Destruction and desecration of Baha’i consummating the marriage. referred to as A.Kh., in Mashhad, Razavi cemeteries continued. Khorasan province, reportedly for stealing A bill aimed at giving some married livestock and other valuables. Other religious minorities not recognized women permission to travel abroad under the Constitution, such as Yaresan without spousal approval remained The authorities continued to issue (Ahl-e Haq), were also persecuted under review. blinding sentences. for practising their faith and faced systematic discrimination, including in Dozens of women peacefully protesting FREEDOM OF RELIGION AND BELIEF education and employment. against the abusive, discriminatory and degrading practice of forced hijab by Freedom of religion and belief was Sunni Muslims continued to report taking off their headscarves in public systematically violated in law and discrimination, including exclusion from were violently assaulted and arrested. practice. The authorities continued to political office. Millions of others were routinely harassed impose, on people of all faiths and none, and assaulted in public places by the codes of public conduct rooted in a strict “morality police” for failing to comply interpretation of Shi’a Islam. The right DISCRIMINATION – WOMEN AND with Iran’s strict Islamic dress code. to change or renounce religious beliefs GIRLS Women were banned from singing and continued to be violated. While Amnesty Women faced entrenched discrimination at times playing musical instruments International did not record any new in family and criminal law, including in public. In January, popular singer cases in 2018, those who professed in relation to divorce, employment, Benyamin Bahadori refused to perform atheism remained at risk of arbitrary inheritance and political office. Iran’s at a concert in Kerman after the Ministry arrest and detention, torture and other Civil Code continued to deny Iranian of Culture and Islamic Guidance banned ill-treatment and the death penalty women married to non-Iranian men the female members of his group from for “apostasy”. right to pass their nationality to their appearing on stage.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 25 REVIEW OF 2018 Amnesty International The authorities’ ban on women entering Arab activists outside Iran reported that were convicted were executed and many football stadiums remained in place. 22 were executed in secret. others remained on death row. Thirty-five women were briefly detained in March as they tried to enter a stadium to The Islamic Penal Code continued to provide watch a local football match. WORKERS’ RIGHTS for stoning as a method of execution.

Bans on independent trade unions The death penalty was maintained DISCRIMINATION – ETHNIC persisted. for some consensual same-sex sexual MINORITIES conduct, as well as for vaguely worded Thousands of workers staged peaceful offences such as “insulting the Prophet”, Ethnic minorities, including Ahwazi demonstrations and strikes in protest at “enmity against God” and “spreading Arabs, Azerbaijani Turks, Baluchis, unpaid wages, poor working conditions corruption on earth”. Kurds and Turkmen, continued to face and other grievances. Authorities arrested entrenched discrimination, curtailing hundreds, sentencing many to prison The authorities arrested individuals whom their access to education, employment terms and flogging. they described as “financially corrupt” and adequate housing. Continued and “saboteurs of the economy”. Many economic neglect of regions with large In August, teacher Mohammad Habibi were convicted before newly established minority populations exacerbated was sentenced to 10 and a half years in special courts dealing with crimes poverty and marginalization. The Persian prison, 74 lashes, a two-year travel ban involving financial corruption and language remained the sole medium of and a two-year ban on “membership in sentenced to death, lengthy prison terms, instruction in primary and secondary political and social parties, groups or and flogging. Defendants were denied education. collectives” for charges stemming from access to lawyers of their own choosing, his peaceful trade union activities. had no right to appeal against prison Iran’s border guards unlawfully shot and sentences, and were given only 10 days killed with impunity tens of Kurdish In September, six more teachers were within which to appeal death sentences. kulbars, porters carrying goods on their sentenced to flogging and prison terms backs between Iran and Kurdistan Region for taking part in a peaceful protest In June, Mohammad Salas, from the of Iraq. calling for higher wages. More than Gonabadi Dervish minority, was executed a dozen others were arrested when after an unfair trial for the murder of Members of minorities who spoke out nationwide strikes took place in October three police officers during a protest against violations of their rights faced and November. in February. The sole evidence was a arbitrary arrest, torture and other ill- “confession” he said he made under treatment, unfair trials and imprisonment. In October, hundreds of striking truck torture. drivers were arrested and threatened with Hundreds of Azerbaijani Turks, including the death penalty. In September, Kurdish prisoners Zaniar minority rights activists, were violently Moradi, Loghman Moradi and Ramin arrested in connection with peaceful In November, dozens of striking workers Hossein Panahi were executed in Raja’i cultural gatherings. from the Haft Tapeh Sugar Cane Shahr prison, Karaj, after unfair trials. All Company were arrested. three were denied access to their lawyers The authorities continued their after arrest and said they were tortured persecution of the Ahwazi Arab minority. In December, dozens of steel workers in into making “confessions”. In April, up to 400 Ahwazi Arabs were Ahvaz were violently arrested following reportedly arrested in connection weeks of strikes. with protests that took place after state television broadcast a children’s show that excluded Arabs from a map DEATH PENALTY displaying the geographical locations of Iran’s ethnic minorities. In October, Courts continued to imposed death following a deadly armed attack on a sentences and executions were carried military parade in Ahvaz the previous out after unfair trials, some in public. month, during which at least 24 people, including spectators, were killed, There was a drop in the number of drug- authorities waged a sweeping crackdown related executions following amendments against Ahwazi Arabs in Khuzestan to the anti-narcotics law. province. Over 700 people, including minority rights activists, were arrested A number of individuals who were under and detained incommunicado. Ahwazi 18 at the time of the crime of which they

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 26 REVIEW OF 2018 Amnesty International Ayesha, a mother of six, sits inside a tent inside a camp for internally displaced persons in Hamam al-Alil, Iraq, on 17 March 2018. Originally from Hawija, a town that had been controlled by the Islamic State armed group (ISIS), Ayesha had moved to the camp six months earlier with her children and cousins. She told Amnesty International: “If we go back, they [the Iraqi authorities] have told us that they will kill our children because they are connected by blood to ISIS.” © Amnesty International

subjected to sexual violence, including In May, Iraq held parliamentary elections, IRAQ rape. Torture in detention was endemic. but the formation of the government Courts continued to sentence individuals stalled owing to electoral fraud Republic of Iraq convicted of terrorism-related offences allegations. Parliament consequently Head of state: Barham Ahmed Salih (replaced Fuad Masum to death, frequently after unfair trials voted for a manual recount of all votes, in October) that relied on torture-tainted evidence. but this resulted in no significant change Head of government: Adil Abdul Mahdi (replaced Haider Iraq continued to use the death penalty al-Abadi in October) to the result. On 2 October, Barham extensively. Protesters demanding access Ahmed Salih was elected as president. to jobs, basic services and medical care On 24 October, the new prime minister, Since Iraqi authorities declared the were shot, beaten, arrested and detained Adel Abdul Mahdi, and 14 of the end of the military operations to retake by security forces. IS carried out bomb suggested 22 cabinet members were control of areas from the armed group attacks on the capital, Baghdad, and in sworn in amidst disagreement among calling itself Islamic State (IS) in late several other governorates, often targeting legislators. 2017, during which thousands of men civilians. IS fighters abducted dozens and boys were killed or went missing, of civilians and members of the security Tens of thousands of residents in the many thousands of female-headed forces and summarily killed them. southern governorate of Basra were households across the country were reported to have been poisoned and left struggling to survive. Armed actors hospitalized by polluted drinking under the control of Iraqi authorities water, fuelling ongoing protests collectively punished families with BACKGROUND against government corruption and perceived affiliation to IS, including by Millions of internally displaced Iraqis mismanagement of the neglected south. denying them access to humanitarian returned to their areas of origin after aid, refusing to issue them crucial the military operations to retake areas The UN estimated that 939 people were documents, and restricting their freedom from IS ended in late 2017. However, killed by “acts of terrorism, violence and of movement. Women in families hundreds of thousands remained armed conflict in Iraq” in 2018. At least with perceived IS affiliation were also displaced in camps and informal sites. four women, among them a human rights

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 27 REVIEW OF 2018 Amnesty International activist, were shot dead in what appeared civil documents, often meaning that they and, according to witnesses, trapped to be targeted killings. Iraqi authorities could not work, collect family pensions and then beat them with metal rods stated that an investigation into the or send their children to school. In and rifle butts, and used electroshock deaths would be launched. addition, their freedom of movement was devices against some of them. They also severely restricted because of their lack assaulted or detained journalists covering In late November 2018, severe storms of documentation or by camp authorities protests, at times on the pretext that they and floods displaced tens of thousands who prevented them from leaving camps, had filmed security measures being taken of people, caused serious damage to placing them in de facto detention. around government buildings or had infrastructure and impacted several camps blocked roads. of internally displaced peoples (IDPs) in Such families also faced verbal Ninewa governorate, according to the UN. harassment, including sexual harassment In apparent retaliation against and intimidation from people bearing these deaths, protesters set light to Turkish air strikes and shelling continued arms, camp authorities and other camp government buildings and buildings in areas under Kurdistan Regional residents. Women with perceived IS affiliated with political parties and Government (KRG) control in north-east ties were subjected to sexual violence, factions of the PMU. Activists present at Iraq, reportedly resulting in civilian deaths. including rape and sexual exploitation, one such incident on 6 September said primarily by armed actors affiliated with that at least one of three protesters killed military and security forces in the camps. was shot by an armed guard of a political party building that was being attacked INTERNALLY DISPLACED PEOPLE by other protesters. By November, humanitarian organizations BLOCKS ON RETURNS AND had recorded that more than 4 million Similar protests broke out in the capital, IDPs had returned to their areas of SECONDARY DISPLACEMENT Baghdad, and in other governorates. origin. The flow of returns slowed in the Families with perceived ties to IS were In Baghdad, security forces arbitrarily second half of the year and almost 2 regularly prevented from returning to arrested and detained protesters. They million people remained displaced, the their homes or places of origin as a beat and used electroshock devices majority of whom were reported to be result of threats from neighbours, tribal against detained protesters, interrogated living outside formal camps. Secondary and local authorities, and Iraqi forces, them and forced them to sign papers displacements and new arrivals to formal including the Popular Mobilization Units without disclosing their contents, before camps were also reported. People who (PMU) and Tribal Mobilization militias. releasing them. remained displaced cited several reasons Displaced families attempting to return for not returning home, including damage to their home areas were turned back Then Prime Minister Haider al-Abadi ordered an investigation into the violence and destruction to housing; lack of at checkpoints if they did not have the during the Basra protests. Subsequently, job opportunities, basic infrastructure documentation deemed necessary or their the authorities dismissed and and public services, including health relatives appeared on “wanted lists” of replaced a number of security and local care; and insecurity due to unexploded men affiliated with IS. government officials. ordnance, improvised explosive devices (IEDs), arbitrary arrests, harassment and Those who managed to return to their Amidst the protests in September, the intimidation by armed people, and in some areas of origin said they were subjected authorities severely restricted access cases fears of a new insurgency by IS. to forced displacement, evictions, to the internet, including social media arrests, looting of their homes, house platforms. Peaceful protesters in demolitions, threats, sexual abuse and southern Iraq and Baghdad believed the harassment, and discrimination. Some COLLECTIVE PUNISHMENTS authorities deliberately disabled internet families witnessed security forces The wave of enforced disappearances access before security forces fired at attacking and arresting families affiliated since 2014, and the deaths of many men them, as they were unable to share with IS and so returned to the camps. during the military operations against images and videos depicting the abuses. IS in Iraq, left thousands of female- headed families struggling for survival. Families, particularly those headed by EXCESSIVE USE OF FORCE KURDISTAN REGION OF IRAQ women, were stigmatized and collectively Between July and September, security Kurdish security forces and armed punished for being perceived to have forces in Basra, including SWAT (Special individuals in civilian clothes violently links with IS owing to factors outside Weapons and Tactics) forces, killed over dispersed peaceful protests in Erbil their control, such as being related, a dozen protesters and injured hundreds and Dohuk in March. Teachers, health however distantly, to men involved with of others when they used excessive force, workers and other public sector workers, IS, or for fleeing from areas believed to including by firing live ammunition and as well as activists took to the streets be IS strongholds. In IDP camps, many tear gas, to disperse a series of protests across the Kurdistan Region of Iraq were denied access to food, water and demanding employment opportunities to protest against austerity measures health care. They were also refused new and better public services. Security and delays in payment of and cuts to or replacement identity cards and other forces chased protesters fleeing the scene salaries of state employees. Scores of

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 28 REVIEW OF 2018 Amnesty International protesters and several journalists were to an adequate defence and often were The media office of then President Fuad detained and said they were tortured or compelled to “confess” under duress. Masum announced on several occasions otherwise ill-treated and forced to sign Courts continued to admit torture-tainted that he had ratified “batches” of death pledges that they would not take part in evidence and convict individuals under sentences that had been upheld by courts. demonstrations again. the Anti-Terrorism Law, more often than not resulting in death sentences. Despite flagrant violations of due KRG officials stated that the arrested process, Iraq continued to carry out protesters were charged with inciting Security officers threatened and in some executions, sometimes of more than 10 violence and then transferred to court. cases arrested lawyers in court who individuals at a time. Executions were They added that the protesters had were seeking to defend IS suspects and sometimes retaliatory and in response not been granted a permit to stage the families perceived to be affiliated with IS. to public outrage after bombings and protests and that members of political According to reports, this deterred other other deadly attacks, often claimed by parties had incited violence. lawyers from working with individuals IS. For example, on 28 June, then Prime suspected of affiliation with IS. Minister Haider al-Abadi called for the swift execution of convicted “terrorists” ABUSES BY ARMED GROUPS whose death sentences had been ratified. IS killed and injured civilians throughout ARBITRARY ARRESTS AND The call quickly followed the killing of six Iraq in suicide bombings and other ENFORCED DISAPPEARANCES members of the security forces abducted deadly attacks that were indiscriminate or Thousands of men and boys who by IS fighters (see above). The Ministry of deliberately targeted civilians in crowded were arbitrarily arrested and forcibly Justice subsequently announced that 13 markets, residential areas and other disappeared by central Iraqi and Kurdish people had been executed. public spaces. IS claimed bombings forces while fleeing IS-held areas in Baghdad and other governorates, between 2014 and 2018 remained particularly Anbar, Diyala, Salah al-Din, missing. Security forces, including the Ninewa and Kirkuk. IS fighters were IMPUNITY AND LACK OF REMEDY PMU, regularly arrested and forcibly reported to have abducted and killed disappeared men with perceived IS ties, A report by the US authorities in June dozens of civilians and members of at times directly from IDP camps. Iraqi stated that US military actions had killed Iraqi security forces in rural areas. Fake 499 civilians in Iraq, Syria, Afghanistan checkpoints manned by IS fighters in and KRG authorities continued to operate and Yemen in 2017, adding that hundreds attire similar to that worn by security overcrowded detention facilities, some of reports of civilian casualties from the forces were reported on highways linking of them secret. Released detainees and same year were still to be assessed. various governorates to the capital. In witnesses reported inhumane conditions. late June, the bodies of six members of the security forces were found in Salah Yazidi women who had survived al-Din governorate. A video circulated TORTURE AND OTHER ILL- prolonged IS captivity and enslavement earlier in the week had shown the six TREATMENT continued to lament the lack of an captured by IS and included threats to accessible and unified system of medical kill the men if Iraqi authorities did not Those detained by central Iraqi and and psychosocial care. In August, Yazidi release female prisoners suspected of Kurdish forces were routinely tortured women who had recently escaped IS and subjected to other forms of ill- having links to IS. captivity in Syria and returned to Iraq treatment during interrogation, often to told Amnesty International that they extract “confessions”. Former detainees The UN stated that approximately 3,000 had struggled to pay for medical and reported witnessing other detainees die Yazidis were still missing as well as psychological care and often felt let down thousands of people from other religious as a result of such abuse. by the international community. minorities whom IS had also targeted. In November 2018, the UN Assistance Mission for Iraq and the Office of the DEATH PENALTY A local NGO told Amnesty International UN High Commissioner Human Rights that, since 2014, around 68 mass graves Courts continued to hand down and reported the discovery of over 200 mass had been uncovered in Sinjar, north- uphold death sentences; scores of graves in several governorates, adding western Iraq, that the bodies had still not that the graves contained individuals people were sentenced to death by been exhumed and that the sites were believed to have been killed for not hanging in 2018. Over two dozen not being protected, despite Iraq’s Law women, particularly foreign nationals, conforming to IS rules. on Protection of Mass Graves. were sentenced to death because a male relative, often their husband, was A committee established by the prime suspected of belonging to IS. A report UNFAIR TRIALS by Associated Press said that Iraqi minister’s office in June 2016 to Iraq’s criminal justice system remained authorities had, since 2003, detained look into the abduction and forcible critically flawed. Trials fell considerably or imprisoned at least 19,000 people disappearance by PMU militias of 643 short of international standards. accused of links to IS or other terror- men and boys from Saqlawiya in Anbar Individuals held on suspicion of being related offences, and had sentenced governorate had still not publicly released affiliated with IS were denied the right thousands of them to death. any findings by the end of 2018.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 29 REVIEW OF 2018 Amnesty International Palestinian Jihad Shawamrah stands on the ruins of his house, which he demolished in order not to face the prospect of Israeli settlers moving in, after he lost a land ownership case in Israeli courts, in the East Jerusalem neighbourhood of Beit Hanina, 19 July 2018. © Reuters/Ammar Awad

collective punishment and exacerbating seekers access to a fair or prompt refugee ISRAEL AND a humanitarian crisis. Freedom of status determination process; hundreds movement for Palestinians in the West of African asylum-seekers were deported THE OCCUPIED Bank remained restricted through a and thousands were threatened with system of military checkpoints and deportation. Conscientious objectors to PALESTINIAN roadblocks. Israeli authorities unlawfully military service were imprisoned. detained within Israel thousands TERRITORIES of Palestinians from the Occupied Palestinian Territories (OPT), holding State of Israel hundreds in administrative detention Head of state: Reuven Rivlin BACKGROUND Head of government: Benjamin Netanyahu without charge or trial. Torture and other ill-treatment of detainees, including The Israeli authorities continued to children, remained pervasive and was expand illegal settlements and related New legislation entrenched committed with impunity. Israel continued infrastructure in East Jerusalem and discrimination against non-Jewish to demolish Palestinian homes and elsewhere in the occupied West Bank, citizens. Israeli forces killed more than other structures in the West Bank and in including by legalizing outposts built 290 Palestinians, including over 50 Palestinian villages inside Israel, forcibly children; many were unlawfully killed evicting residents. The Israeli justice without state authorization on private as they were shot while posing no system continued to fail to adequately Palestinian land. They held local imminent threat to life. Israel imposed ensure accountability and redress for elections in October across Israel and in an illegal blockade on the Gaza Strip victims of grave violations of international illegal settlements including in occupied for the 11th year in a row, subjecting humanitarian and human rights law. The East Jerusalem and the occupied approximately 2 million inhabitants to authorities continued to deny asylum- Golan Heights.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 30 REVIEW OF 2018 Amnesty International Negotiations between Israeli and protests that started in March for the FREEDOM OF MOVEMENT AND Palestinian authorities remained right to return of refugees to land RIGHTS TO HEALTH, WATER AND stalled. On 15 May, the USA moved from which they were displaced 70 SANITATION its embassy from Tel Aviv to Jerusalem years earlier, and against the Israeli in violation of international law. Two blockade of the Gaza Strip. According Israel’s illegal air, land and sea blockade police investigations recommended that to the Palestinian Centre for Human of the Gaza Strip entered its 11th year, Prime Minister Benjamin Netanyahu be Rights, 180 were killed, among them restricting the movement of people indicted over corruption allegations. The 35 children, three paramedics and and goods into and out of the area, and collectively punishing Gaza’s 2 attorney general had not yet ruled on the two journalists. While some protesters million residents. Israel increased the recommendations by the end of the year. engaged in violence, including by burning restrictions in July, saying this was in tyres, unleashing incendiary kites and response to the launching of incendiary Waves of armed hostilities broke out balloons towards Israel or throwing stones kites and balloons, rockets and mortars and Molotov cocktails in the direction of between Israel and Palestinian armed from Gaza into Israel. Several human groups in the Gaza Strip. Israeli forces Israeli soldiers, social media videos, as rights organizations petitioned against launched dozens of air strikes on Gaza, well as eyewitness testimonies gathered these restrictions on the grounds that killing 46 people. Palestinian armed by Amnesty International, Palestinian they constituted collective punishment groups launched hundreds of rockets into and Israeli human rights groups, show prohibited under international Israel, killing one Palestinian civilian. that Israeli soldiers shot and killed humanitarian law. Israeli authorities On 13 November 2018, after two days journalists, medical staff, bystanders and lifted the additional restrictive measures of intense hostilities by both sides, a unarmed protesters who posed no threat on 20 October. ceasefire between Israel and Palestinian to life; many were at distances of around armed groups, brokered by Egypt, was 150-400m from the fence separating Throughout much of the year, the Gaza announced. Individual Palestinians, most Gaza and Israel when they were shot. Strip suffered fuel shortages that resulted unaffiliated to armed groups, attacked Some of these unlawful killings appeared in a maximum of four hours of electricity Israelis in the West Bank and in Israel, to be wilful, which would constitute war per day. In October, the UN brokered killing at least 13. Attacks by settlers on crimes. Israeli forces also injured at a deal to allow Gaza’s main electricity plant to be refuelled as part of a plan to Palestinians resulted in the death of a least 13,458 Palestinians, many of them increase electricity supply to eight hours Palestinian woman. seriously, including more than 7,000 per day. Electricity cuts worsened Gaza’s shot by live ammunition, according to water and sanitation crisis. Israel reportedly conducted scores of air the Palestinian Centre for Human Rights. strikes inside Syria. In May, the UN Human Rights Council Israel reduced to a record low the number established a commission of inquiry into of medical permits issued to residents the killings and other abuses in the OPT of the Gaza Strip to allow them to enter DISCRIMINATION since the protests began. Israel and the West Bank for treatment. Israel continued to pass legislation Denial of medical permits led to the that discriminates against non-Jewish On 27 July, Majdi Ramzi al-Satri, 12, deaths of at least eight Palestinians, citizens, particularly Palestinians. The was killed after being shot in the head according to the Al Mezan Center for Basic Law: Israel as the Nation-State by a live bullet fired by Israeli security Human Rights. of the Jewish People, passed in July, forces while standing 50m away from described the Israeli state as being the fence, during his participation in a On 20 June, Masoud Abdul Hai Abu only for the Jewish people, confirming protest in Rafah. Saqer, 49, died at Erez checkpoint the status of the almost one fifth of the between Gaza and Israel, where he had population who are Palestinian citizens of Israeli air strikes and shelling killed presented himself for an interview with Israel as second-class citizens. at least 13 Palestinian civilians in the Israeli security services in the hope of being able to travel to an East Jerusalem Gaza Strip not directly participating in hospital to obtain treatment for kidney hostilities. On 28 October, an Israeli UNLAWFUL KILLINGS cancer. Since he was diagnosed in drone missile killed three children, Israeli military and security forces killed December 2017 he had submitted four Khalid Bassam Abu Sa’ed, 14, Abdul at least 195 Palestinians, including at applications for a medical permit. The Hamid Mohammed Abu Thaher, 14, and least 41 children, in demonstrations in first three were rejected by the Israeli Gaza and the West Bank. Many were Mohammed Ibrahim al-Satri, 15, when military. On the fourth occasion, he was unlawfully killed as they were shot while they tried to cross the Gaza/Israel fence. summoned for an interview. posing no imminent threat to life. For almost two hours ambulance crews were unable to enter the area due to Almost 100 Israeli checkpoints and Israeli forces killed scores of Palestinians shooting by Israeli forces from the other roadblocks continued to heavily restrict in the Gaza Strip during sustained side of the fence. the movement of Palestinians in the West

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 31 REVIEW OF 2018 Amnesty International Bank. Palestinians are denied access to Four Palestinians died in custody as a which banned entry into Israel or the tens of roads in the West Bank that are result of alleged torture or other ill- OPT of anyone supporting or working for designated for the use of Israelis only. treatment by Israeli forces. One of them, an organization that promotes a boycott Mohamed Khatib al-Rimawi, died from of Israel or Israeli entities, including heart failure after Israeli forces beat him settlements. As a result, human rights during a pre-dawn raid at his home in ARBITRARY ARRESTS AND defenders, lawyers, students and doctors the West Bank village of Beit Rima on 18 were denied entry. Human Rights Watch DETENTIONS September. Soldiers shackled him while staff member Omar Shakir had his Israeli authorities conducted hundreds unconscious before taking him away. An work permit revoked on 9 May based of raids throughout the West Bank to autopsy was conducted on 24 September on allegations that he supported such a arrest Palestinians without judicial in the presence of Israeli and Palestinian boycott. He challenged the decision; the orders detailing the reason for arrest. doctors. The Palestinian doctor’s legal process was continuing at the end They placed in detention or continued report noted that he had bruises on of the year. to detain thousands of Palestinians the torso, the right thigh and the back. It concluded that the fear and anxiety from the OPT in prisons in Israel in On 25 May, the Ministry of Strategic resulting from his arrest, coupled with violation of international humanitarian Affairs published a report that listed a genetic condition of narrow arteries, law. Israeli authorities used renewable European and Palestinian human rights led to a fatal restriction of blood flow to administrative detention orders to hold organizations that allegedly support the heart. The Israeli military denied the Palestinians without charge or trial. terrorism. The EU responded that Israel beating and said the cause of death was Palestinian civilians were prosecuted was spreading disinformation. still to be investigated. in military courts that did not meet international standards of fair trial and Israeli authorities continued to obstruct Israel held 230 Palestinian children in more than 5,500 Palestinians, including prison, including 41 under the age of attempts to document human rights 480 administrative detainees, were held 16. According to Defense for Children by denying human rights bodies entry in Israeli prisons at the end of the year, International-Palestine, many children to the OPT, including the UN Special according to Palestinian human rights were beaten, threatened and intimidated Rapporteur on the human rights situation organization Addameer. Among those after arrest, interrogated without their in the OPT. held were civil society leaders, NGO parents, and handed disproportionately workers and journalists. harsh sentences. It added that children Political leader Raja Eghbaria, a were tried in front of a military judge Palestinian citizen of Israel, was held first Khalida Jarrar, a member of the and placed with adults in the same in detention for a month and then under Palestinian Legislative Council and board prison facilities. Under international house arrest without access to telephones member of the NGO Addameer, and law, detention of children should be a or the internet, during his ongoing trial Addameer staff member Ayman Nasser, measure of last resort and for the shortest for Facebook posts that, according to the remained held under administrative appropriate time. Israeli prosecution, contained incitement detention orders since their arrest in to terrorism. His lawyer argued that the February 2017 and 17 September 2018 Some Palestinian prisoners were denied posts, while praising Palestinians who respectively. adequate medical care or received were killed after shooting members of treatment in humiliating conditions. Israeli security forces, included no call to Raja’i Abdel-Qader, for example, received violence and that their meaning in Arabic TORTURE AND OTHER ILL- eight hours of continuous chemotherapy had been altered by the state’s Hebrew TREATMENT while his hands and feet were shackled. translation. Amnesty International agreed with this assessment. Israeli soldiers, police and Israel Security Agency (ISA) officers tortured FREEDOMS OF EXPRESSION, and otherwise ill-treated Palestinian ASSOCIATION AND ASSEMBLY detainees, including children, with FORCIBLE TRANSFERS, FORCED impunity, particularly during arrest The authorities used a range of measures, EVICTIONS AND DEMOLITIONS and interrogation. Reported methods including detentions, movement Israel demolished 148 Palestinian included beatings, slapping, painful restrictions, judicial harassment and properties in the West Bank, including shackling, sleep deprivation, use of stress incitement campaigns, both in Israel and East Jerusalem, 139 for lack of permits positions and threats. Prolonged solitary the OPT, to target activists, including and nine for punitive reasons, according confinement, sometimes for months, was human rights defenders, who criticized to Israeli human rights organization commonly used as a punishment. Many Israel’s continuing occupation of the B’Tselem; 425 people, including 191 families of Palestinian detainees and West Bank and Gaza Strip. children, were left homeless as a result. prisoners in Israel, particularly those in Punitive demolitions constitute collective Gaza, were not permitted entry to Israel Israel started implementing the 2017 punishment and are expressly prohibited to visit their relatives. amendment to the Entry into Israel Law, under international law.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 32 REVIEW OF 2018 Amnesty International The Knesset (parliament) debated a unlawful attacks including war crimes. countries of origin. Another 300 or so bill that would raise the legal fees for They had previously indicted only three were detained in Saharonim prison for contesting demolition orders in the soldiers for looting and obstructing an refusing to leave Israel; the practice West Bank, and prohibit non-profit investigation. In August, the Military ended in April, after the Supreme Court organizations from submitting petitions Attorney General closed the case relating found the detentions unlawful. against demolition orders if they were not to an attack on Rafah on 1-4 August directly affected by them. 2014, when between 135 and 200 As a result of a decision by the interior civilians were killed. minister in May, about 300 Sudanese In September, the Supreme Court people were given temporary residency approved the demolition of Khan al- In May, the Supreme Court rejected a status in order to close pending appeals petition by Israeli human rights groups to Ahmar village and forcible transfer of its and avoid a Supreme Court ruling order the army to stop using lethal force residents to make way for illegal Jewish obliging Israel to grant refugee status to against demonstrators in the Gaza Strip. settlements. The village was home to 180 all Sudanese asylum-seekers. members of the Bedouin community and a school that educated 170 children in the area. The Office of the Prosecutor of VIOLENCE AGAINST WOMEN AND CONSCIENTIOUS OBJECTORS the International Criminal Court released GIRLS At least six Israeli conscientious objectors a statement in October reminding Israel Violence against women persisted in to military service were imprisoned. One that extensive destruction of property Israel. At least 20 women were killed of them, Adam Rafaelov, was awaiting without military necessity and population as a result of gender-based violence, trial at the end of the year. transfers in an occupied territory constitute according to the group Women Against war crimes under the Rome Statute. Violence. The group said the authorities prosecuted all cases involving the killing On 9 August, an Israeli air strike of Jewish women, but only half of those targeted and destroyed the al-Mishal involving women who were Palestinian cultural centre in Gaza, in violation of citizens of Israel. The group, along with international law, which prohibits the other organizations and some legislators, destruction of cultural buildings unless criticized the lack of police action to they are being used for military purposes. bring perpetrators of such crimes to court, in particular with regard to so- The authorities also demolished called “honour killings”. Palestinian homes inside Israel that they said were built without permits, including in Palestinian towns and villages in the REFUGEES AND ASYLUM-SEEKERS Triangle (a concentration of Palestinian The authorities continued to deny communities adjacent to the north- asylum-seekers from Eritrea and Sudan west of the West Bank), the Galilee and access to a fair and prompt refugee “unrecognized” Bedouin villages in the status determination process. Some Negev/Naqab region. In August, Israeli 6,530 asylum claims were closed or police forcibly demolished the Bedouin denied unlawfully in 2018, while some village of al-Araqib for the 132nd time. 15,000 were pending at the end of the year. Only 11 claimants from Eritrea or Sudan had been granted refugee status IMPUNITY since 2008. The authorities failed to adequately ensure accountability in the aftermath In January, Israel accelerated its the 2014 Gaza-Israel conflict, during deportations of Eritreans and Sudanese which Israeli forces killed some 1,460 asylum-seekers. As a result, 668 were Palestinian civilians, many in evidently deported to Rwanda and Uganda or their

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 33 REVIEW OF 2018 Amnesty International Jordanian policemen try to detain a demonstrator during a protest near the prime minister’s office in Amman, Jordan, on 6 June 2018. Prime Minister Hani Al-Mulki resigned on 4 June after a wave of anti-austerity protests by citizens suffering from high unemployment and repeated price hikes. © Ahmad Gharabli/AFP/Getty Images

However, women’s rights continued to be The UN Human Rights Council held JORDAN restricted in law and practice, including the third Universal Periodic Review of in relation to abortion, guardianship, Jordan on 8 November. Jordan accepted Hashemite Kingdom of Jordan marriage and inheritance. The rights of 131 recommendations, agreed to Head of state: King Abdullah II bin al-Hussein migrant workers continued to be violated examine another 21 and rejected 74 Head of government: Omar Al-Razzaz (replaced Hani Al-Mulki and insufficiently protected in law. others related to, among other issues, in June) Jordan continued to offer sanctuary to ratification of human rights treaties, around 2.7 million refugees, though the abolition of the death penalty, “honour” rights of some of them were violated. People were subjected to prolonged pre- killings, repeal of the Crime Prevention Death sentences were passed; there were Law, nationality rights, prevention of trial detention, solitary confinement and no executions. torture and other ill-treatment. Freedom torture in detention and protection of of expression was curtailed: journalists migrant workers. and activists critical of the government or King Abdullah were detained; access On 30 May, trade unions called a to the internet was restricted; and BACKGROUND strike to protest against amendments online content was censored. Proposed Jordan remained part of the US-led to the 2014 tax law presented by amendments to the cybercrime law military coalition fighting in Iraq and the government of Hani Al-Mulki and that would further threaten freedom of Syria against the armed group calling supported by the International Monetary expression stalled after demonstrations itself Islamic State (see Iraq and Syria Fund. The next day, the government against the legislation. The authorities entries), and of the Saudi Arabia-led raised fuel and electricity prices, opened a shelter for women at risk of coalition engaged in the armed conflict in triggering further protests. On 1 June, family violence in the name of “honour”. Yemen (see Yemen entry). King Abdullah ordered a freeze on price

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 34 REVIEW OF 2018 Amnesty International hikes, but protests continued. On 4 people with the aim of damaging their including in the areas of guardianship, June, Al-Mulki resigned and the next reputation in the absence of incitement marriage, divorce, common marital day King Abdullah appointed Omar Al- to violence and carry harsh sanctions. property and inheritance. In practice, Razzaz as prime minister. The protests In December, following demonstrations guardianship established was interpreted ended after Al-Razzaz announced that against the law, the government widely to restrict women’s autonomous the new government would withdraw suspended the process to subject the decision-making on issues of marriage the amendments. In September, the amendments to further examination. and residence until the age of 30. The government presented an amended tax police continued to act on demands law; it exempted lower-paid individuals by guardians to forcibly return women from filing tax returns, but still prompted WOMEN’S RIGHTS “absent” from their guardian’s home. strong public criticism. Following a long-standing campaign by In the context of poor enforcement of Jordanian women’s rights organizations, alimony payments following decisions DETENTION including Mizan – Law Group for of Shari’a courts, an alimony fund Human Rights, the Ministry of Social provided for in a 2010 amendment to the The General Intelligence Directorate Development opened Amneh House Personal Status Law became available in (GID) continued to subject people to shelter for women at risk of family early 2018 and benefited at least 400 prolonged pre-trial detention, solitary violence in the name of “honour”. By the divorced women whose former husbands confinement and torture and other ill- end of the year, 16 women were living had not made maintenance payments. treatment, according to the National in the shelter. The shelter’s regulations, Centre for Human Rights (NHRC) published in May, guaranteed that no one and other organizations. Detainees could be held in the shelter against their MIGRANTS’ RIGHTS held in GID prisons were not allowed will. Civil society organizations were still unsupervised visits, even by lawyers. debating whether the shelter would end While positive measures were adopted the long-standing practice of imprisoning in 2017 to combat human trafficking Administrative governors continued women at risk in “protective custody” and improve occupational safety, they to issue thousands of administrative through the (mis)use of powers set out remained insufficient to ensure the detention orders under the 1954 Crime under the Crime Prevention Law of 1954. protection of migrant workers’ rights. Prevention Law, which allows detention Migrant domestic workers continued to of up to one year without charge or trial While celebrated reforms had been made be inadequately protected from abuse or any means of legal remedy. to the Penal Code in 2017, no further by their employers and agents, and action was taken to modify discriminatory remained at risk of arbitrary detention provisions. Articles 321 and 322 by the state. According to activists with FREEDOM OF EXPRESSION continued to criminalize abortion, access to detention facilities, scores of women migrant domestic workers were The authorities continued to harass, even in cases of rape, and Article 282 administratively detained in 2018, intimidate, detain and imprison activists criminalized adultery. As of 27 October mostly because they had been unable to and journalists who voiced criticism 2018, seven women were in prison on pay visa overstay fees. of the government or King Abdullah. adultery charges. Several journalists were summoned Non-Jordanian domestic workers who for interrogation and detained for days Some provisions of the Penal Code were not married reported giving birth without charges being brought against also contributed to other forms of at home to avoid losing custody of their them. The authorities also enforced bans discrimination against women in children and faced barriers registering on the distribution of selected books for practice. According to the women’s their children or travelling with them religious, moral and political reasons; rights organization Sisterhood Is to their home countries. It is illegal in restricted or disrupted access to the Global International (SIGI) – Jordan, Jordan to give birth outside of wedlock internet; and censored online content. a provision penalizing the failure to and migrant women were less able pay back contractual debts has led to than their Jordanian counterparts to In September, the House of the prosecution of women who were access family or community support to Representatives, the lower house of being pressured or deceived by family circumvent legal threats. parliament, referred a number of draft members to take loans. SIGI also amendments to the cybercrime law to reported that, among the 17 women on its legal committee for review. They death row at the end of 2018, some had included provisions that threatened been sentenced for killing their abusive CHILDREN’S RIGHTS freedom of expression. One contained husband in self-defence. In September, the government an overly broad definition of online cancelled the requirement of five years’ “hate speech”, which would criminalize The Personal Status Law continued to uninterrupted residence for women statements that spread rumours against discriminate against women and girls, married to non-Jordanians as a condition

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 35 REVIEW OF 2018 Amnesty International for their children to access certain rights camp. Most people in this area had been INTERNATIONAL JUSTICE and benefits, and took the positive step transferred there in 2016 on the basis In September, Jordan appealed against of accepting as official ID the card issued that they would be screened and then the International Criminal Court (ICC) to these children by the Department of relocated outside Village 5. Their status ruling that Jordan had failed to comply Civil Status and Passports. The rights and remained unclear. Unlike refugees in with its obligations as a state party benefits were related to education, health other parts of the camp, those in Village to the Rome Statute of the ICC for care, employment, investment, property 5 were not allowed to leave the area, not executing the court’s request for ownership and obtaining driving licences, visit relatives in other parts of the camp, the arrest and surrender of Sudanese obtain temporary leave permits or access in addition to permanent residence. President Omar Al-Bashir when he visited work outside the camp. Jordan in 2017. The ICC had issued two Citizenship laws continued to arrest warrants for Al-Bashir on charges In March, the Ministry of Interior discriminate against children of of genocide, war crimes and crimes launched a campaign to rectify the status Jordanian mothers and non-Jordanian against humanity in Darfur, Sudan. of Syrian refugees living informally in fathers, who unlike children of Jordanian urban areas. The campaign targeted fathers married to non-Jordanians, were Syrians who had left refugee camps denied Jordanian citizenship. without permission to settle in host DEATH PENALTY communities or who had arrived in Courts continued to hand down death Jordan across informal border crossings sentences; no executions were carried out. REFUGEES AND ASYLUM-SEEKERS and not registered with UNHCR. The Jordan hosted over 670,000 Syrian rectification allowed them to benefit from refugees registered by UNHCR, the UN the protection and assistance provided refugee agency, of whom some 125,000 by UNHCR and to receive a Ministry of lived in camps, in addition to over Interior service card. 13,000 Palestinian refugees from Syria and over 2 million long-term Palestinian The NCHR stated in August that Syrian refugees, among others. refugees had been facing an increasing risk of deportation since the beginning of Of 37,000 Syrian refugees in Azraq 2017 and that authorities were returning camp, nearly 9,500 remained in Village refugees to Dara’a governorate despite the 5, an area fenced off from the rest of the lack of infrastructure and security there.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 36 REVIEW OF 2018 Amnesty International A Kuwaiti woman holds signs reading in Arabic “no to banning books” and “yes for freedom of mind, yes for freedom to read, and yes for freedom of thought”, during a demonstration outside the National Assembly building in Kuwait City on 29 September 2018, in protest against the government’s new censorship regulations on publications, which resulted in the banning of many books from entering the country. © Yasser Al-Zayyat/AFP/Getty Images

Humanitarian Law; its purpose will be to KUWAIT review judicial verdicts and legislation BACKGROUND relating to international humanitarian law State of Kuwait in light of the Geneva Conventions. Head of state: Sabah al-Ahmad al-Jaber al-Sabah Kuwait led mediation efforts to resolve Head of government: Jaber al-Mubarak al-Hamad al-Sabah the Gulf crisis that erupted in June 2017, when Bahrain, Egypt, Saudi Arabia and the United Arab Emirates FREEDOM OF EXPRESSION, The authorities continued to unduly (UAE) severed relations with Qatar. ASSOCIATION AND ASSEMBLY restrict the rights to freedom of Kuwait remained part of the Saudi The rights to freedom of expression, expression and peaceful assembly, Arabia-led coalition engaged in armed association and peaceful assembly including by prosecuting and imprisoning conflict in Yemen (see Yemen entry). remained curtailed. The authorities government critics under criminal prosecuted government critics under defamation laws. Members of the Bidun The government terminated the provisions of the Penal Code that minority continued to face discrimination employment contracts of over 3,000 criminalize speech deemed offensive to and were denied the right to a nationality. foreign employees in the public sector the emir or disparaging to neighbouring Migrant workers remained inadequately under a nationalization policy. countries. In August, the government protected against exploitation and abuse. proposed a law that would punish with five Courts continued to hand down death In September, the government established years in prison anyone who defames or sentences; no executions were reported. the National Committee on International disparages the crown prince or his deputy.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 37 REVIEW OF 2018 Amnesty International Blogger and online activist Abdullah Weatherby, who was part of a legal team and prevents them from changing jobs Saleh was sentenced in his absence monitoring the trial, was blocked from without the employer’s consent. Migrant to a total of 25 years’ imprisonment in entering the country. domestic workers, mostly women, different cases simply for expressing remained especially at risk and exposed views on social media deemed to physical, sexual and psychological “insulting” to Bahrain, Saudi Arabia DISCRIMINATION - BIDUN abuse by their employers. and the UAE. In February, the Court of Cassation upheld the prison sentences In March, a law was passed that allows In February, the Philippines imposed of 13 people for publicizing or reciting Bidun to join the military. Parliament a ban on the deployment of Filipino extracts of a speech by former opposition also approved a draft law that would workers to Kuwait following the murder member of parliament Musallam al- grant Kuwaiti citizenship to up to 4,000 of a Filipina domestic worker by her Barrak, for which he was sentenced to Bidun, but it had not been enacted by employers. It also facilitated the two years in prison in 2015. In May, the end of the year. voluntary repatriation of thousands of Hamad al-Naqi, who had received a migrant workers. Following months of 10-year prison sentence in 2012 for The authorities continued to withhold diplomatic crisis, the ban was lifted in “insulting the Prophet Muhammad and citizenship from more than 100,000 May after Kuwait and the Philippines the Sunni Muslim rulers of Saudi Arabia Bidun long-term residents of Kuwait, signed a bilateral agreement regulating and Bahrain on social media”, was who remained stateless and unable to some working conditions for domestic pardoned and released after serving half access a range of public services. In workers. his sentence. June, the minister of education rejected a parliamentary proposal to register In June, Kuwait’s minister of social children of Bidun at public schools. WOMEN’S RIGHTS affairs dissolved the board of directors According to the ministry’s regulations, of the Kuwait Liberal Society for registration is only allowed for Bidun Women continued to face discrimination participating in a forum on free thought children born of Kuwaiti mothers, and in law and practice. In particular, the law with a Dutch political party, joining the children and grandchildren of Bidun accords women fewer rights than men Arab Liberal Federation (a network of categorized as “martyrs” after being in family matters such as divorce, child political parties) and fundraising during killed during the Iraqi invasion of 1990. custody, inheritance, nationality rights the month of Ramadan without prior and domestic violence. official permission. A member of the Society was sentenced to six months in DEPRIVATION OF NATIONALITY jail for a Twitter post. In October, the Council of Ministers DEATH PENALTY approved the reinstatement of Kuwaiti Courts continued to hand down death In July, the Court of Cassation upheld the nationality for several individuals, sentences for offences including murder convictions of 16 opposition politicians, including government critics, whose and drug trafficking; no executions were human rights defenders and peaceful citizenship had been revoked several reported. demonstrators, including eight former years earlier. or current members of parliament, on charges relating to their participation in a 2011 protest. The convictions were based on politically motivated charges MIGRANT WORKERS after trials that violated international Migrant workers continued to face standards of fairness and contravened exploitation and abuse under the the rights to freedom of expression and kafala (sponsorship) system, which peaceful assembly. Trial observer Pete ties a worker’s visa to their employer

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 38 REVIEW OF 2018 Amnesty International An aerial view shows an informal tent settlement housing Syrian refugees in the area of Delhamiyeh, in the central Bekaa Valley, Lebanon, on 17 January 2019. Aid organizations say they are doing their best to distribute emergency aid to the most vulnerable among the estimated 340,000 Syrian refugees living in Bekaa Valley. © Joseph Eid/AFP/Getty Images

Peaceful activists and others were not able to form a government before the LEBANON detained for social media posts that year’s end due to political feuds. criticized political, religious or economic Lebanese Republic authorities. Death sentences were passed; In April, a conference held in the French Head of state: Michel Aoun there were no executions. A law was capital, Paris, to support Lebanon’s Head of government: Saad Hariri passed to create a national commission to development and reform pledged the investigate the whereabouts of thousands country an aid package worth over US$11 billion, comprising US$10.2 billion in Lebanon hosted 1.5 million refugees of persons who went missing or were loans and US$860 million in grants. from Syria, but kept its border closed forcibly disappeared during the 1975- to people fleeing the ongoing conflict in 1990 armed conflict in Lebanon. In September, parliament held an neighbouring Syria. It also hosted tens exceptional session and passed 15 of of thousands of other refugees, most 28 draft laws that had been put to vote. of them long-term Palestinian refugees Most related to the aid package, but who continued to face discriminatory BACKGROUND parliament also ratified the Arms Trade laws that excluded them from accessing On 6 May, Lebanon held long-awaited Treaty and approved a controversial certain services and jobs. The penal code parliamentary elections initially waste management law despite serious continued to discriminate against women scheduled for 2013; a proportional concerns about its implications for in law and practice. Police harassed and representation system was applied for people’s health and the environment. abused lesbian, gay, bisexual, transgender the first time. On 24 May, the new Access to essential services, including and intersex (LGBTI) people, especially parliament named Saad Hariri to serve electricity and water, remained severely in refugee and migrant communities. a third term as prime minister. He was curtailed across the country.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 39 REVIEW OF 2018 Amnesty International REFUGEES AND ASYLUM-SEEKERS TORTURE AND OTHER ILL- sex is not illegal. A health NGO, SIDC TREATMENT (Soins Infirmiers et Développement Lebanon hosted 1.5 million Syrian Communautaire), reported that, refugees, including 950,334 registered Since Lebanon passed an anti-torture law in a survey of 50 women engaging with UNHCR, the UN refugee agency, in September 2017, the National Human in transactional sex, 45 claimed according to update it issued on 30 Rights Institute, which is mandated discrimination or abuse in public health November. A government decision of to oversee the law’s implementation, care settings and 10 reported that they May 2015 continued to bar UNHCR among other tasks, remained inactive. had faced physical abuse in detention from registering newly arrived refugees. The government failed to allocate it centres or police stations. Refugees continued to return to Syria an independent budget or trigger the throughout 2018 either spontaneously process for nominating the five members Women migrant workers continued to or in groups organized by the Lebanese needed to form the National Preventive suffer discriminatory practices under the General Security. UNHCR verified through Mechanism against torture. kafala (sponsorship) system restricting interviews at its reception centres that, their rights to freedom of movement, as of 30 November, 4,996 individuals In March, a military court acquitted actor education and health, including sexual had returned on their own to Syria Ziad Itani of charges of spying for Israel, and reproductive health. in 2018, but acknowledged that this and released him. He had spent three number did not reflect the total number and a half months in unlawful detention. of spontaneous returns. It said on 17 The court also charged the former head RIGHTS OF LESBIAN, GAY, December that, so far that year, it had of the Internal Security Forces’ cyber- been present at over 70 group returns crimes bureau of fabricating evidence BISEXUAL, TRANSGENDER AND facilitated by the General Security, against the actor and falsely accusing INTERSEX PEOPLE involving a total of 9,895 people. him. Ziad Itani reported that he had been According to reports, police continued to tortured in detention; he said that men harass and abuse LGBTI people, especially In August, the government facilitated birth in civilian clothes had beaten him, tied registration for Syrian refugees by waiving a in refugee and migrant communities, him in a stress position, hung him by his sometimes resorting to Article 534 of the requirement that children born in Lebanon wrists, kicked him in the face, threatened between January 2011 and February penal code, which criminalizes “sexual to rape him, and threatened to hurt and intercourse contrary to nature”. 2018 had to be registered within a year of prosecute his family. The authorities birth and that parents had to obtain court failed to investigate the allegations. documents to register the children. The In May, the Internal Security Forces (ISF) move was expected to enable more than banned several activities organized by 50,000 unregistered Syrian children to Beirut Pride to mark the International acquire the necessary documents. WOMEN’S RIGHTS Day against Homophobia and Transphobia, Lebanese legislation, including the and detained the organizer overnight. Syrian refugees continued to face penal code and personal status codes, The ISF cited security concerns following financial and administrative difficulties in continued to discriminate against women. threats by an Islamist group. obtaining or renewing residency permits, exposing them to a constant risk of Women’s rights organizations reported In October, the General Security (GS) arbitrary arrest, detention and forcible that provisions of the penal code that attempted to shut down a conference return to Syria. They also continued to criminalized adultery were discriminatory of LGBTI activists from the Middle East face severe economic hardship. in practice, with more women being and North Africa region, organized by charged under the law than men. They the Arab Foundation for Freedom and In January, 15 Syrians – children, also reported that the law was sometimes Equality (AFE). After failing to make the women and men – froze to death near used by husbands and other male family AFE’s executive director sign a pledge the Masnaa border crossing in eastern members to seek revenge. to cancel all conference activities, GS Lebanon as they were attempting to enter officers ordered the hotel to shut down the country irregularly. Reproductive health services specifically the conference. The GS did not explain needed by women, such as those relating their concerns, although the action Lebanon also hosted tens of thousands of to abortion, were still criminalized. followed threats by an Islamist group. other refugees, most of them long-term In practice, abortions were obtained Palestinian refugees. Palestinian refugees generally through medication and in In July, a district court of appeal ruled remained subject to discriminatory private clinics. However, the high cost that same-sex consensual sex was not a laws that exclude them from owning or of abortions and the lack of information criminal offence. inheriting property, accessing public about them remained barriers to women education and health services, and in vulnerable situations, particularly working in at least 36 professions. At refugee and migrant women. least 3,000 Palestinian refugees who do FREEDOM OF EXPRESSION not hold official identity documents faced Civil society organizations reported that Different security forces arrested and further restrictions, denying them the right police continued to harass and detain interrogated several human rights to register births, marriages and deaths. sex workers, even though the selling of defenders, peaceful political activists

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 40 REVIEW OF 2018 Amnesty International and other individuals for social media for the entire year. As a result, the the 1975-1990 armed conflict in posts criticizing political, religious or subsidized loan programme was frozen Lebanon. Associations of families of the economic authorities. Those targeted and there were serious doubts about its victims concerned, along with partner had their legal rights violated, including future and that of the Public Corporation organizations, had campaigned for such a the right to a lawyer. In the course of the for Housing, the only official body development for over three decades. interrogations, security officers revealed managing the right to housing for middle- that they had accessed some of their and low-income citizens. personal data, such as messages they INTERNATIONAL JUSTICE had sent and received on messaging In September, parliament approved an services and transcripts of phone calls exceptional allocation of US$66 million In September, the closing arguments they had made. Most were freed without to finance housing loans, and gave concluded in Prosecutor v. Ayyash et charge after a short period of detention, the government six months to draft a al., the case relating to the 14 February but several of the activists arrested were sustainable housing policy. 2005 attack which killed 22 individuals, blackmailed into signing pledges that including former Lebanese Prime they would refrain from certain activities Minister Rafik Hariri, and injured 226 as a precondition for their release. ENFORCED DISAPPEARANCES AND others. At the end of the year, the judges ABDUCTIONS had yet to issue their verdict. RIGHT TO HOUSING In November, parliament passed a law creating a national commission DEATH PENALTY In February, the Central Bank revealed to investigate the whereabouts of that several banks had nearly exhausted thousands of persons who went missing Courts continued to hand down death their quota of stimulus funds allocated or were forcibly disappeared during sentences; no executions were carried out.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 41 REVIEW OF 2018 Amnesty International Libyan militiamen loyal to the Government of National Accord, Libya’s internationally recognized government, keep watch from a position south of the Libyan capital, Tripoli, on 25 September 2018. © Mahmud Turkia / AFP / Getty Images

and armed groups. Militias and armed LIBYA groups contributed to the collapse of law enforcement and the judiciary by BACKGROUND State of Libya harassing judges and lawyers. They The security situation remained volatile. Head of state: Fayez Serraj (disputed) were also responsible for kidnappings Militias, armed groups and security for ransom, as well as arbitrary arrests forces affiliated to the internationally and abductions of those identified as recognized Government of National Militias, armed groups and security political opponents. Thousands of Libyan Accord (GNA) in the west and the self- forces continued to commit with families remained internally displaced. proclaimed Libyan National Army (LNA) impunity crimes under international law Refugees, asylum-seekers and migrants in the east continued to operate outside and gross human rights violations and suffered serious human rights violations the rule of law. The GNA, established abuses, including war crimes, throughout and abuses, including rape and extortion, under the 2015 UN-brokered Libyan Political Agreement, remained weak as the year. Clashes between competing at the hands of state officials, militias it continued to struggle to exert effective militias resulted in an increased number and smugglers. The authorities failed control on the ground. of civilian casualties. Thousands of to protect women from gender-based people were held indefinitely without violence by militias and armed groups, Four main militias operating under any judicial process following arbitrary and women activists were targeted the Ministry of Interior dominated the arrest, including many detained since with gender-based violence and smear capital, Tripoli, carving out territorial 2011. Torture and other ill-treatment campaigns. Courts handed down death influence and power, infiltrating were widespread in state prisons and sentences, but no executions government institutions and building detention centres controlled by militias were reported. economic strongholds.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 42 REVIEW OF 2018 Amnesty International The political stalemate continued. The International Criminal Court (ICC) opponents. Fares Al-Jodhran, a relative of International calls for UN-backed continued to have jurisdiction over crimes Ibrahim Al-Jodhran, was held throughout elections agreed at a summit in Paris, under international law committed in 2018 without charge in Matiga prison. France, in May were overshadowed by Libya since 15 February 2011, under a the outbreak of conflict in Tripoli in referral made by the UN Security Council On 15 March, an unknown militia late August. Other international efforts, in 2011. On 4 July, the ICC issued a abducted Masoud Erhouma, the military including a conference held in Palermo, second arrest warrant against Mahmoud prosecutor of the GNA, in front of his Italy, in November, made little progress, al-Werfalli, a former field commander of house in Tripoli’s Salah Eddine area. In while renewing commitment for elections the Special Forces Brigade (Al-Saiqa) April, news sources reported that he had to take place in the first half of 2019. affiliated to the LNA, for the war crime escaped. On 28 March, an unidentified In mid-May, the LNA, led by General of murder, after he was filmed on 24 militia abducted Abdulrauf Beitelmal, Khalifa Hafter, launched an offensive January extrajudicially executing 10 head of the Tripoli Municipality Council, against the eastern city of Derna, people. The killings took place just hours from his home. He was held for a day following a blockade it had imposed on after two car bombs were detonated at before being released. the city for a year. The LNA sought to the Biaa Radwan mosque in the centre consolidate its power and expel the Derna of the eastern city of Benghazi. The On 4 April, Salem Ghereby and Omar Security Force (previously known as the first warrant for his arrest was issued in Khalifa, both former Guantánamo detainees, were deported from Senegal Derna Shura Council). August 2017. to Libya, after which their whereabouts were unknown. No official charges were In June, Ibrahim Al-Jodhran, former brought against them. commander of the Petroleum Facilities ARBITRARY ARRESTS, DETENTIONS Guard, a militia group that between AND ABDUCTIONS 2013 and 2016 controlled the Oil Crescent region – a coastal area and Militias, armed groups and security FREEDOM OF EXPRESSION the source of Libya’s main oil exports – forces affiliated to the ministries of Armed groups and militias aligned with launched a military operation to reclaim interior and defence under the Tripoli- the GNA and LNA harassed, abducted the region from the LNA. LNA forces based UN-backed GNA and the eastern- and attacked journalists, human rights quickly regained control of the area. based LNA continued to arbitrarily arrest defenders and other activists, forcing On 15 September, the UN Security and indefinitely detain thousands of many to flee the country. Council imposed sanctions on Ibrahim people without charge. Many detainees Al-Jodhran, imposing a travel ban and had been held since 2011 and most On 11 January, members of the Bab freezing his assets for a series of acts, were held with no judicial oversight or Tajoura militia, affiliated to the GNA, including attempting to export Libyan oil means to challenge the legality of their abducted Mariam al-Tayeb, a journalist detention. illegally and attacking oil installations. based in Tripoli, near her home because of views she expressed on social media. In the west, militias operating as The group took her to their headquarters, security forces under the GNA regularly ARMED CONFLICT ABUSES where they beat her until she momentarily conducted arbitrary arrests and lost consciousness. They freed her Militias, armed groups and security abductions of people from their homes several hours later following a campaign forces continued to commit with impunity and workplaces, targeting victims on the on Facebook calling for her release. crimes under international law and gross basis of their regional origin, perceived human rights violations abuses in the political opinions, profession or perceived In January, a woman activist from context of armed hostilities, including wealth in order to extract cash ransoms. Benghazi who had used social media to war crimes, throughout the year. Clashes criticize Khalifa Hafter and the LNA was between competing militias resulted in Detainees in Matiga prison on Tripoli’s forced to leave Libya along with her entire hundreds of civilian casualties including eastern outskirts, run by the Special family when the LNA’s Military Intelligence deaths, most due to attacks that were Deterrent Forces (Radaa), a militia Unit sought to arrest her for her posts. indiscriminate, and made it difficult for group affiliated to the GNA and on people to access basic facilities such as the government’s payroll, were held On 31 July, the GNA-affiliated hospitals and schools. Renewed conflict indefinitely without a judicial process. militia Al-Nawassi brigade, based in in Tripoli in late August and September They were kept in overcrowded cells with Tripoli, arrested four international cost 115 civilians their lives, according insufficient food and water and denied journalists – Ahmed Elumami (a to Ministry of Health figures. The access to medical services. On 29 April, Reuters correspondent), Hani Amara LNA’s assault on Derna in May involved Radaa forces arrested Suleiman Qashout, (a Reuters cameraman) and brothers intensive aerial and artillery bombardment a prominent TV anchor, for organizing a Mahmoud Turkia and Hamza Turkia and led to ferocious fighting on the media award ceremony that the militia (AFP photographers) – while they were ground where civilians were killed or perceived as contradicting their social covering a story on migration at Abu Sitta injured as a result and exacerbated an values. Radaa forces also used arbitrary naval base in Tripoli. They were released already dire humanitarian situation. detention to exert political pressure on 10 hours later.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 43 REVIEW OF 2018 Amnesty International In August, journalist and photographer TORTURE AND OTHER ILL- On 3 June, representatives of the city of Musa Abdul Kareem was killed in unclear TREATMENT Misrata and the town of Tawergha signed circumstances and his body dumped on a reconciliation pact ensuring safe return Torture and other ill-treatment were the side of a road in the southern city of for the Tawerghan people. However, the widespread in prisons, detention centres GNA did not enforce the agreement. Sabha, his hometown. Reports indicate and unofficial places of detention, with that, weeks before his death, he had co- victims having no possibility of any On 10 August, a militia belonging to the authored an article published in Fasanea, form of protection or redress. Victims Ghnewa brigade, a GNA-affiliated militia a Sabha-based newspaper he edited, recounted mock executions, beatings and based in Tripoli, attacked the Tariq around ongoing criminality in the city. floggings with a rubber hose; many were Al-Mattar camp for internally displaced left with clear signs of torture, including people in Tripoli, home to over 500 broken limbs. Tawerghan families. The attack resulted JUSTICE SYSTEM AND IMPUNITY in the forced eviction of around 1,900 internally displaced people from the The judicial system remained INTERNALLY DISPLACED PEOPLE camp by the militia and the arbitrary dysfunctional and ineffective. Courts arrest of 94 residents by the brigade. and prosecutors’ offices were unable to Thousands of Libyan families remained provide recourse for victims of human internally displaced due to the ongoing rights violations or bring to justice those clashes and hostilities as well as REFUGEES, ASYLUM-SEEKERS AND the lack of access to basic services, suspected of criminal responsibility for MIGRANTS targeted violence, threats and human such abuses. Perpetrators of serious rights violations that continued to occur The situation for refugees, asylum- human rights abuses continued to throughout the country. Many had been seekers and migrants in Libya remained operate without fear of being held to in a protracted state of displacement bleak. Militias and armed groups account for their crimes. since 2011. The UN Special Rapporteur subjected them to arbitrary arrest and on the human rights of internally abduction, as well as sexual and other Libyan authorities launched initiatives displaced persons reported a dire violence and extortion both inside and to integrate militias and armed groups humanitarian situation throughout Libya outside facilities they ran. On 7 June, into an institutionalized security in which the most vulnerable internally the UN Security Council sanctioned four Libyan nationals for involvement sector. These attempts overlooked the displaced persons had few mechanisms to support themselves and had their in human trafficking and smuggling groups’ records of serious human rights access to essential household goods – migrants, freezing their assets and abuses and disregarded the need to such as food – reduced due to insecurity, imposing travel bans and other measures. ensure accountability for past crimes. inflation and limited availability of cash Militias and armed groups acted as in the country. She also noted that many Libyan authorities continued to de facto police, abducting individuals faced serious protection concerns and unlawfully detain refugees, asylum- they accused of criminal offences and that state authorities linked to either seekers and migrants, mainly those detaining them unlawfully. the GNA or LNA were doing very little to intercepted at sea, in centres recognized bring an end to their displacement. by the authorities, formally operated In March, Saddik Essour, the head of under the Ministry of Interior and run by the Department for Combatting Illegal investigations in the office of the public On 1 February, Tawerghan families internally displaced since 2011 travelled Migration (DCIM). These centres were, prosecutor, announced that 205 arrest from the east, south and west of Libya, however, largely controlled by militias warrants had been issued for Libyans and attempting to return to the town of who did not necessarily adhere to the foreign nationals suspected of involvement Tawergha following a decree issued central authorities’ chain of command. in a smuggling network for migrants by the Presidential Council - the body Refugees, asylum-seekers and migrants heading to Europe. No further steps were created under the Libyan Political were kept in appalling conditions. They taken to implement the warrants. Agreement to carry out the functions were also subjected to forced labour, of the head of state - on 26 December torture and other ill-treatment, and In central Libya, armed groups abducted 2017 to initiate a return process. verbal abuse by guards, often to extract judge Abdelsalam Al-Senoussi and Armed groups blocked the families from money from their families in exchange for their release. Women in particular were prosecutor Ismail Abdelrahman, along returning to their homes, using violence and intimidation, on the pretext that subjected to rape in official centres and with two security officers, from a other parts of the agreement had not while being held by armed groups, often courthouse in the town of Waddan on 22 been fully implemented. Some 202 resulting in unwanted pregnancies. July in retaliation for the detention of two Tawerghan families subsequently set up people on smuggling charges. All the camps in the area of Qararat al-Qataf, There was no judicial oversight over these abducted men were released after around 50km south-west of Tawergha, detention centres. Refugees, asylum- two days. and in Harawa, east of Sirte. seekers and migrants were held without

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 44 REVIEW OF 2018 Amnesty International any judicial process. They could not WOMEN’S RIGHTS On 27 December, police forces affiliated challenge their detention and were not to the Ministry of Interior in Benghazi offered legal counsel. The DCIM often Libyan authorities failed to protect raided a café in the city where a group women, including journalists, bloggers, held women, men and children together, of nearly 20 young girls, most with their human rights defenders and other breaching international standards on mothers, were attending a gathering activists, from gender-based violence at detention. they had organized on Twitter. The the hands of militias and armed groups police arrested the manager and staff on or ensure that they were able to express Libya, which is not a party to the 1951 grounds of “immoral behaviour”. themselves freely. UN Refugee Convention, continued to refuse to recognize UNHCR, the Women who spoke out against corruption UN refugee agency. In the absence or the violent actions of militias or the DEATH PENALTY of a national asylum framework, the LNA were subjected to threats, abduction Courts imposed dozens of death authorities did not recognize the status of and gender-based violence by them. Such sentences. In January, a military court refugees. Previously, they had recognized women were also subjected to gender- in Misrata sentenced Salah Gadhafi to people from certain countries as in need related slurs by militias and smear death by firing squad for his involvement of international protection and released campaigns on social media, including in violence in the 2011 uprising in Libya. them from detention to UNHCR. In allegations of adultery and engaging in No executions were reported. 2018 this practice was halted and the sex work. Harmful gender stereotypes authorities refused to release anyone from and social stigma attached to women’s detention except those being evacuated activism normalized these forms of abuse by international organizations to third and forced many women to withdraw countries or those who paid a bribe. from the public space altogether.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 45 REVIEW OF 2018 Amnesty International Protesters in the Moroccan city of Al Hoceima shout slogans during a demonstration against the government on 11 June 2017. The demonstration was part of social justice protests in the northern Rif region, commonly known as Hirak El-Rif. © Fadel Senna / AFP / Getty Images

Migrants and refugees continued to face The European Commission increased its MOROCCO/ unlawful arrest, detention and forcible financial support to Morocco aimed at return to their countries of origin. Despite containing migration. WESTERN SAHARA flaws, new laws improved protection of

Kingdom of Morocco women from violence and strengthened Head of state: Mohammed VI the rights of domestic workers. FREEDOM OF EXPRESSION Head of government: Saad-Eddine El Othmani Journalists, citizen journalists and human rights defenders were sentenced The rights to freedom of expression and BACKGROUND to prison terms for expressing their assembly were heavily restricted, mainly views peacefully online. Prosecutors in relation to peaceful protests in the The UN Security Council prolonged used disproportionate and inappropriate northern cities of Al Hoceima and Jerada. the mandate of the UN Mission for security-related charges based on Courts sentenced journalists, protesters the Referendum in Western Sahara offences in the Penal Code and counter- and human rights defenders to long (MINURSO) for six months in both April terrorism legislation. prison sentences following grossly unfair and October without adding a human trials. Authorities banned or limited rights component. In February, a court in Al Hoceima the activities of several associations. In sentenced lawyer Abdessadak El Western Sahara, Moroccan authorities, In December, the parliament adopted a Bouchattaoui to two years in prison which administer the non-self-governing law restoring compulsory military service and a fine for online posts in which he territory, used unnecessary force to for men and women, without adequate criticized the use of excessive force by disperse peaceful demonstrations. provision for conscientious objection. the authorities during sustained social

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 46 REVIEW OF 2018 Amnesty International justice protests in the northern Rif region Between January and June, authorities UNFAIR TRIALS, TORTURE AND in 2017, commonly known as Hirak prevented at least five activities related to OTHER ILL-TREATMENT El-Rif. Later in February, the same court human rights education that were being sentenced Nawal Benaissa to a 10-month organized by the Moroccan Association Courts continued to convict activists suspended prison term and a fine for for Human Rights (AMDH) from taking after grossly unfair trials. In Al Hoceima, Oujda and Casablanca, courts relied online comments in which she criticized place. In June they banned a conference heavily on “confessions” extracted under the authorities’ approach to Hirak El-Rif. on individual freedoms being organized duress. On 26 June, a Casablanca court by another NGO, the Democracy and convicted 53 prisoners detained in In November, a Casablanca court Liberties Collective, which was due to be relation with Hirak El-Rif; the sentences held in Casablanca. On 26 December, convicted Taoufik Bouachrine, director ranged from fines to 20 years in prison. of Akhbar Al-Youm newspaper, of sexual authorities issued a dissolution order During the trial, the court did not exclude assault charges that he has always against Racines, a cultural association evidence allegedly obtained by torture denied and sentenced him to 12 years based in Casablanca, after it hosted in its or other ill-treatment and refused to in prison. office the recording of three episodes of hear more than 50 defence witnesses. the controversial web-based chat show 1 The court held the prisoners in a high- In June, a Casablanca court convicted dîner, 2 cons. sided box with tinted glass, a practice journalist Rabie Lablak and online citizen which is degrading and undermines the journalists Mohamed El Asrihi, of Rif24. The authorities continued to restrict the presumption of innocence. com, and Fouad Essaidi, of Facebook access to the country of international page Awar TV, to five years in prison in organizations, including Amnesty By the end of the year, the authorities relation to their coverage of Hirak El-Rif. International, to conduct research on had yet to establish a National Preventive The same court convicted Hamid El human rights. Mechanism against torture, as provided for by the law on the reorganization of the Mahdaoui, Badil.info director, to three National Human Rights Council (CNDH), years’ imprisonment for “failing to report adopted in February, and by the Optional a security threat” in connection with the FREEDOM OF ASSEMBLY Protocol to the Convention against same protests. On 14 November, a Rabat Authorities banned demonstrations or Torture, ratified by Morocco in 2014. appeal court confirmed the five-year jail used excessive or unnecessary force at sentence against Hirak El-Rif protester least twice in 2018. Courts used the law El Mortada Iamrachen for posts he on public gatherings to sentence peaceful DETENTION – PRISON CONDITIONS published on Facebook. protesters to harsh prison terms. Prison authorities moved detainees Seven people, including academic Maati connected with protests between prisons On 13 March, the interior minister and to prisons far from their home cities Monjib, outspoken journalist Ali Anouzla banned protests in the mining city of as a form of reprisal. and other journalists and activists, Jerada after a series of protests following remained on trial at the end of the the December 2017 deaths of two Hirak El-Rif protester Achraf El year on charges including “threatening brothers in a mine. The following morning Yakhloufi was held in Ain Sbaa 1 state security” for promoting a mobile security forces violently dispersed a Local Prison, known as Okacha prison, application for citizen journalism and sit-in by protesters; five police trucks near Casablanca, over 550km from Al “advocating terrorism” for an article Ali drove into the crowd and ran over at Hoceima, his home town. In August, he Anouzla published in 2013. least one individual, paralysing 15-year- was transferred to another prison between old Abdelmoula Ziker’s lower body. No the cities of Taza and Rabat for nine days In June, the UN Working Group on investigation was opened. Authorities after he began a hunger strike to protest Arbitrary Detention called on Morocco prosecuted at least 70 people in relation against the prison administration’s to immediately release Saharawi Equipe to the peaceful protest. refusal to allow him family visits. Media journalist Mohamed El Benbari, In September, Okacha prison officials imprisoned since 2015, on the grounds In June, Moroccan police violently moved prisoner of conscience Nasser that his detention violated his rights to dispersed a peaceful protest in Laayoune Zefzafi, a leader of Hirak El-Rif, out of freedom of expression and association during a visit by the UN special envoy for solitary confinement, in which he had and to a fair trial. Western Sahara. In September, Moroccan been held since his arrest in May 2017. police used unnecessary force against peaceful protesters opposing an EU- FREEDOM OF ASSOCIATION Morocco fisheries deal that was agreed in RIGHTS OF MIGRANTS, ASYLUM- August; the EU Court of Justice had ruled Authorities imposed restrictions on SEEKERS AND REFUGEES freedom of association by banning in February that the deal did not apply or limiting the activities of several to the waters adjacent to the territory of From July onward, the authorities associations. Western Sahara. launched a widespread and

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 47 REVIEW OF 2018 Amnesty International discriminatory crackdown on thousands apparently believing they were migrants homophobic and transphobic attacks of sub-Saharan migrants, asylum-seekers seeking to reach Spain. A woman was reported being afraid to approach the and refugees, especially in the north killed and three men were injured. police to file complaints because of the of Morocco, raiding neighbourhoods risk of arrest under Article 489. and informal settlements inhabited by refugees and migrants. Thousands of WOMEN’S RIGHTS sub-Saharan migrants, including children A law to combat violence against RIGHTS OF DOMESTIC WORKERS and pregnant women, were unlawfully women came into effect in September. arrested during the raids and transported In October, parliament passed a new law It introduces new offences, increases to remote areas in the south of the on domestic workers. It stipulates that existing penalties in cases of spousal or country or close to the Algerian border. domestic workers are entitled to written family violence, proposes new measures On 12 August, two sub-Saharan nationals contracts, maximum working hours, to protect survivors of violence during arrested in Tangiers died during their guaranteed days off, paid vacations and after judicial proceedings, and transfer to the south. In September, and a specified minimum wage. It sets establishes new bodies to co-ordinate and dozens of sub-Saharan migrants, the minimum age for domestic workers complement judicial and governmental including minors, were detained without at 18, with a phase-in period of five efforts to combat violence against women. due process in the basement of the years, during which 16- and 17-year- However, it fails to define rape in line old domestic workers can still work. police headquarters in Tangiers for at with international standards or recognize least four weeks. According to the AMDH, Employers who violate these provisions marital rape. It also perpetuates derogatory will face financial penalties, with prison dozens of sub-Saharan migrants arrested gender stereotypes and does not address in the north were held in an informal sentences for repeat offenders in some obstacles to accessing justice and services cases. Despite these gains, the new law detention centre in Arekmane, close to for survivors of violence owing to the Nador, still offers less protection to domestic continuing criminalization of consensual workers than the Moroccan Labour Code, sexual relations outside marriage. Security forces continued to co-operate which does not refer to domestic workers. with the Spanish authorities in the Women continued to be subjected to summary expulsion and push-back sexual and gender-based violence and of migrants and asylum-seekers from were discriminated against in practice. DEATH PENALTY Spain to Morocco. Between August and Abortion remains criminalized unless Courts continued to hand down death October, the Spanish authorities expelled the health of the mother is at risk, sentences. No executions had been as a group at least 171 sub-Saharan and is subject to spousal consent, carried out since 1993. migrants and potential asylum-seekers which restricts women’s autonomous to Morocco after they crossed into the decision-making. In all other cases, Spanish enclaves of Ceuta and Melilla. women seeking or undergoing abortion POLISARIO CAMPS Moroccan authorities forcibly returned and health professionals alike risk dozens of those arrested and expelled imprisonment and other penalties. The Polisario Front again failed to hold to from Spain to their countries of origin, account those responsible for committing including Cameroon, Côte d’Ivoire, human rights abuses in the 1970s and Guinea and Senegal, in some cases RIGHTS OF LESBIAN, GAY, 1980s in the camps that have been in violation of the principle of non- BISEXUAL, TRANSGENDER AND under its control since that period. refoulement. INTERSEX (LGBTI) PEOPLE On 25 September, the Moroccan navy Same-sex sexual relations remained a intercepted a boat with at least 15 criminal offence punishable by up to Moroccan nationals in Moroccan waters three years in prison under Article 489 of close to the northern town of Fnideq. They the Penal Code. LGBTI people continued shot at them to make them stop the boat, to face police harassment. Victims of

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 48 REVIEW OF 2018 Amnesty International Construction workers stop to watch the 2015 Tour of Oman, a 161km road race from Bayt Al Naman Castle to Al Wutayya on 17 February 2015 in Muscat, Oman. © Bryn Lennon / Getty Images

the government to temporarily freeze the al-Shuhuh tribe and including a OMAN recruitment of foreign workers in the national of the United Arab Emirates, private sector and launch a plan to were arrested in May and April and held Sultanate of Oman secure some 25,000 jobs for nationals. incommunicado for several months. Head of state: Qaboos bin Said Al Said It warned it would prosecute private The authorities did not disclose the Head of government: Qaboos bin Said Al Said establishments that failed to comply with legal basis for their arrest, citing only the government’s “Omanization” policies. vague “national security” grounds. The

The authorities continued to unduly five men’s trials began in July. The Oman maintained a neutral stance in restrict freedom of expression by accused were not permitted to speak the regional crisis in which Bahrain, arresting, detaining and harassing to their lawyers or receive or review any Egypt, Saudi Arabia and the United Arab activists and government critics. A new documents relating to the case before Emirates severed relations with Qatar. penal code contained harsh penalties trial, violating international standards of for the peaceful exercise of a range of fairness. Between August and October, a human rights. Women continued to face court in Muscat sentenced the five men discrimination in law and practice. The ARBITRARY DETENTIONS AND to life imprisonment on charges that death penalty remained in force; no UNFAIR TRIALS included “using information technology executions were reported. to prejudice the security and unity of the The authorities carried out waves country and its territories”. of arbitrary arrests of residents in Musandam province. Between April and July, tens of residents were summoned FREEDOM OF EXPRESSION BACKGROUND for interrogation for electronically In January, hundreds of Omanis took to circulating information about the history In January, a new penal code entered the streets to protest peacefully against of the province. Many were released into force. It substantially increased high unemployment rates, prompting several days later. Five men, all from jail terms prescribed for the exercise of

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 49 REVIEW OF 2018 Amnesty International some rights and contains vaguely worded FREEDOM OF ASSOCIATION AND DETENTION CONDITIONS provisions that give sweeping powers to ASSEMBLY the authorities. For instance, Article 97 Amnesty International received several considers speech against the sultan, the The new penal code also threatens to consistent reports of mistreatment head of state, a crime against national stamp out civic space by criminalizing in detention, including beatings and security and punishable with between forms of association “aimed at combating medical neglect. Severe physical abuse, three and seven years’ imprisonment. the political, economic, social or security including beatings with metal pipes, Similarly, Article 102 provides for principles of the state”. were reported at the headquarters of the imprisonment for between three months criminal investigations unit in the Qurum and three years for disparaging foreign The right to freedom of peaceful assembly area of Muscat. Amnesty International heads of state or state representatives also continued to be tightly controlled. also received credible allegations of visiting Oman. Other overly broad articles At least 30 people were arrested for unsanitary conditions and medical neglect weakened the protection of activists, protesting against unemployment in of seriously ill prisoners at Samail prison bloggers and dissidents. Blasphemy January but later released. In May, the in the mountains of northern Muscat. provisions criminalize the peaceful public prosecution affirmed it would take exercise of the rights to both freedom legal measures against tribal assemblies of expression and freedom of religion and anyone who assists or promotes MIGRANT WORKERS these on social media. and belief. Migrant workers continued to face exploitation and abuse as a result of the In April, the Internal Security Forces WOMEN’S RIGHTS restrictive kafala (sponsorship) system, detained online activist Youssef Sultan that ties them to their employers. Migrant al-Arimi for two weeks for views he Women continued to face discrimination workers depend on their employers, who published on social media. On 28 April, in law and practice. They are not also act as their sponsors, to enter the internet activist Hassan al-Basham, accorded equal rights in law in relation country and cannot change jobs without whose three-year prison sentence to matters such as divorce, child their permission. This severely limits was confirmed by a court of appeal in custody, inheritance and passing their their ability to escape abusive working November 2017 on charges related to nationality on to their children. Gender- conditions and facilitates exploitation. online expression, died in prison after based violence and marital rape are not Domestic workers continued to bear his health deteriorated. In June, the prohibited by law. the brunt of this system and remained authorities pardoned and released writer excluded from the protection of the and cinema critic Abdullah Habib, who labour law. was imprisoned in April for “blasphemy” RIGHTS OF LESBIAN, GAY, and “using the internet for what would BISEXUAL, TRANSGENDER AND prejudice public order”. INTERSEX PEOPLE DEATH PENALTY The authorities also hindered journalists’ Same-sex sexual relations continued to The new penal code retained the death access to information on human rights be criminalized under the new penal penalty for a range of crimes. No issues. code issued in January. executions were reported during the year.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 50 REVIEW OF 2018 Amnesty International Palestinians clash with policemen during a demonstration to protest against a decision by the Palestinian authorities to grant public land to the Russian church, in the West Bank city of Hebron, on 4 February 2017. © Hazem Bader / AFP / Getty Images

in the West Bank used excessive force in the Gaza Strip deepened following PALESTINE while conducting arrests and dispersing an assassination attempt on Palestinian peaceful protests. The Palestinian Prime Minister Rami Hamdallah on 13 authorities based in Ramallah continued (STATE OF) March during a visit to Gaza. Efforts to impose punitive measures against by Egypt to reconcile the rival political Palestine (State of) people in Gaza that exacerbated the Head of state: Mahmoud Abbas dire humanitarian crisis resulting from parties of Fatah and Hamas broke down. Head of government: Rami Hamdallah Israel’s 11-year illegal blockade. Women in both the West Bank and Gaza faced In April, the Central Council of the The Palestinian authorities in the discrimination and violence. Courts in Palestinian Liberation Organization (PLO) West Bank and the Hamas de facto Gaza continued to hand down death convened for the first time in 22 years administration in the Gaza Strip sentences. Lesbian, gay, bisexual, in response to the USA’s recognition of transgender and intersex (LGBTI) people continued their crackdowns on freedom Jerusalem as Israel’s capital. Hamas were subjected to arbitrary arrest and of expression and peaceful assembly. and Islamic Jihad, neither of which is ill-treatment. Palestinian forces in the West Bank currently a member of the PLO, were and Gaza used arbitrary arrests and invited to the meeting but did not attend; detention against people criticizing the Popular Front for the Liberation of the authorities to which they reported. Widespread torture and other ill- BACKGROUND Palestine, which is a member, boycotted treatment of detainees remained common The divisions between the Fatah-led the meeting, seeing it as a way for the and were committed with impunity Palestinian authorities in the West Bank Palestinian president to circumvent under both authorities. Security forces and the de facto Hamas administration democratic processes.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 51 REVIEW OF 2018 Amnesty International A new social security law approved by ill-treatment during interrogation, Fatah and Hamas, including by beating the Palestinian government in Ramallah confiscation of equipment, physical protesters with batons and forcing came into force on 1 November. The law assaults and bans on reporting. The journalists to delete photos and videos of faced strong popular opposition, drawing Hamas authorities in Gaza were the demonstration. some of the largest demonstrations in responsible for 37 such attacks. the West Bank in years. Opponents of the On 9 August, Palestinian security forces killed Ibrahim Odeh al-Jahalin from the law were worried that monthly employee The Palestinian authorities in the West town of al-Ezariyeh in the West Bank deductions would be unmanageable Bank continued to clamp down on during an operation targeting the illegal for workers and that the Palestinian online freedom of expression through the authorities were either not stable enough sale of diesel fuel. The young man was amended Electronic Crimes Law. In May, or too corrupt to guarantee the security of a bystander and was mistakenly shot in Ahmad Awartani, a youth council leader their contributions. the head in a situation where the use of in the town of Anabta, was charged with lethal force was unnecessary. defamation in relation to a Facebook post In September, the US administration in which he said that he did not pledge On 20 September, customs police in the stopped funding the UN Relief and Works loyalty to President Abbas. West Bank city of Jericho severely beat Agency for Palestine Refugees in the a grocery store owner in the village of Near East (UNRWA), which provides vital al-Auja for allegedly selling unlicensed services for some 5 million Palestinian In July, Palestinian forces arrested tobacco products. A video shows masked refugees. The decision left shortfalls in four Palestinian activists, including men carrying weapons and assaulting the humanitarian funding in the Occupied one journalist, because of their online man and his two sons. The Ramallah- activism and opposition to the sanctions Palestinian Territories, particularly the based authorities announced they would imposed on Gaza by the Ramallah-based Gaza Strip where almost 80% of the open an investigation. population depends on aid. authorities. On their release, Ibrahim al-Masri, Huthifa Abu Jamous, Hussein Gaza remained under an Israeli air, Shejaiya and Ghassan Atawneh were TORTURE AND OTHER ILL- sea and land blockade, in force since told that action would be taken against 2007. Egypt continued to enforce an them under the Electronic Crimes Law if TREATMENT almost total closure of the Rafah border they did not sign a pledge to refrain from While the State of Palestine’s ratified crossing with Gaza, compounding inciting opposition to the Ramallah-based the Optional Protocol to the Convention the dire economic and humanitarian authorities on social media. against Torture and other Cruel, Inhuman situation for Gaza’s 2 million inhabitants. or Degrading Treatment or Punishment on The UN Office for the Coordination of 29 December 2017, Palestinian security Humanitarian Affairs warned that Gaza EXCESSIVE USE OF FORCE forces in both the West Bank and Gaza was on the brink of a humanitarian continued to use widespread torture and catastrophe. Security forces in the West Bank and other ill-treatment with impunity. The Gaza continued to use excessive force to Independent Commission for Human disperse peaceful demonstrations and Rights (ICHR) received 285 allegations FREEDOMS OF EXPRESSION, during arrests. of torture and other ill-treatment of detainees held in the West Bank and Gaza. ASSOCIATION AND ASSEMBLY On 13 June, the West Bank-based With the Palestinian Legislative Council security forces quashed a demonstration On 3 August, Ahmad Abu Hamada, also still dormant, President Mahmoud organized by Palestinian activists in known as “Zabour”, died in custody. Abbas issued decrees that restricted Ramallah demanding that the Ramallah- Palestinian police said he suffered a freedom of expression and peaceful based authorities lift the sanctions heart attack while his family claimed that assembly, and limited the ability of civil imposed on the Hamas-run Gaza Strip. his death was a result of ill-treatment. His society organizations to operate freely. At least 52 demonstrators and bystanders family called for an investigation, but the Meanwhile, the authorities in both the were arbitrarily arrested and beaten in Palestinian government did not open one. West Bank and Gaza arbitrarily arrested detention. Amnesty International staff peaceful demonstrators and critics, member Laith Abu Zeyad was among including journalists, university students those arbitrarily detained and beaten. He ARBITRARY DETENTION and human rights activists, and persisted had been apprehended and attacked by Palestinian authorities in the West Bank in their crackdown on online expression. two security officials in civilian clothes on used a 1954 law to administratively his way to monitor the demonstration. detain dozens of people on the order of According to the Palestinian Centre a regional governor, many on political for Development and Media Freedoms, On 18 June, men in civilian clothes grounds, according to Palestinian human an NGO, the Palestinian authorities in affiliated with the Hamas de facto rights organizations. Such detentions the West Bank were responsible for 77 administration attacked a peaceful require no charges and lack due process. attacks on media freedom during the demonstration calling for an end to The ICHR documented 201 cases of year. These included arbitrary arrests, the 11-year political division between such detentions.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 52 REVIEW OF 2018 Amnesty International WOMEN’S RIGHTS DEATH PENALTY ABUSES BY ARMED GROUPS Women and girls continued to face In June, the State of Palestine acceded Palestinian armed groups in Gaza discrimination in law and practice, and to the Second Optional Protocol to the occasionally fired indiscriminate rockets were inadequately protected against International Covenant on Civil and into Israel, killing one Palestinian sexual and other gender-based violence, Political Rights, aiming at the abolition of civilian. While the Hamas authorities including so-called “honour” killings. At the death penalty. However, neither the prevented rocket firing much of least 21 women and girls were reported Palestinian authorities in the West Bank the time, they failed to prosecute to have been killed in the West Bank nor the Hamas de facto administration those responsible. While most of the and Gaza, mainly by male relatives in in Gaza took any steps to translate this Palestinian attackers responsible for “honour” killings, according to civil commitment into practice. stabbing, shooting and carrying out other society organizations. attacks on Israelis in the West Bank and In Gaza, Hamas-administered courts On 14 March, in a welcome step, Israel, which killed eight Israeli civilians Palestinian authorities repealed Article sentenced at least 12 people to death. during the year, were not members of 308 of the 1960 Penal Code that had Palestinian armed groups, these groups allowed individuals suspected of rape to frequently praised the attacks. avoid prosecution and imprisonment if RIGHTS OF LESBIAN, GAY, they married their victims. BISEXUAL, TRANSGENDER AND INTERSEX (LGBTI) PEOPLE JUSTICE SYSTEM ECONOMIC, SOCIAL AND CULTURAL Even though same-sex relationships On 5 September, 14 of the 27 judges RIGHTS were not criminalized in the West Bank, on the Palestinian Supreme Court alQaws for Sexual and Gender Diversity resigned in protest at the amendment Despite increasing protests both in in Palestinian Society, a civil society of the judicial authority law by the Gaza and the West Bank the Palestinian organization, documented five cases Justice Sector Development Committee authorities based in Ramallah continued of LGBTI activists who were arbitrarily established by President Abbas by decree to impose punitive measures against Gaza; arrested and ill-treated by Palestinian on 6 September 2017. The Palestinian these included decreasing electricity and security forces in the West Bank; all Judges’ Club said that the amendment water subsidies, restricting the entry of were released after a few hours. The would bring the judicial sector fully under medicine, and decreasing or freezing organization also reported that a number the control of the executive. salaries together with cutting off financial assistance to hundreds of families. For of other LGBTI individuals were arbitrarily example, in May, the West Bank authorities arrested and questioned by such forces. The Palestinian authorities in the West imposed new salary cuts to some 38,000 Bank received judicial backing to civil servants in Gaza, without warning Meanwhile, Section 152 of the Penal consider the police as a military rather or justification; their salaries dropped Code applicable in Gaza continued to than a civilian institution. As a result, to 35% of their value in 2016, severely criminalize homosexual acts and consider police officers could only be tried in impacting their and their families’ right them punishable by up to 10 years’ military courts, making it harder for to an adequate standard of living. imprisonment. victims of police abuse to access justice.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 53 REVIEW OF 2018 Amnesty International A construction worker takes a break at a building site in Doha, Qatar, on 10 May 2014. © Warren Little / Getty Images

nationality. More generally, women the Elimination of All Forms of Racial QATAR continued to face discrimination in Discrimination. In July, the court issued law and practice. Courts issued death provisional orders for the UAE to allow State of Qatar sentences; no executions were reported. former Qatari residents to complete Head of state: Tamim bin Hamad bin Khalifa Al Thani academic studies, access courts and Head of government: Abdullah bin Nasser bin Khalifa Al Thani reunite with family members in the UAE.

Several hundred members of the Qatar acceded to two major international BACKGROUND al-Ghufran clan of the al-Murra tribe human rights treaties, but included The diplomatic crisis between Qatar remained stateless. They continued to reservations that limited their effect, and its Gulf neighbours of Saudi face severe socioeconomic marginalization particularly with regards to the rights Arabia, Bahrain and the United Arab and their children were born stateless. of women and migrants. It also passed Emirates (UAE) persisted. Sanctions a political asylum law. The government imposed by these states against Qatar made some positive reforms in relation separated multinational families, cut LEGAL DEVELOPMENTS to migrant workers, including the short international students’ education, Qatar acceded to the International partial removal of the requirement for eliminated cross-border jobs, and caused Covenant on Civil and Political Rights an exit permit and the introduction of a rise in food prices in Qatar that was (ICCPR) and the International Covenant a labour dispute mechanism. However, detrimental for low-income classes, on Economic, Social and Cultural Rights migrant workers continued to be at risk especially migrant workers. (ICESCR) in May. However, its inclusion of exploitation and abuse. Freedom of of reservations significantly reduced expression remained unduly restricted. A Qatar contested before the International the scope of the treaties’ human rights new law was issued allowing the children Court of Justice sanctions imposed by protection. Some of these reservations of Qatari women married to non-Qataris the UAE, arguing that the UAE’s order for undermined the object and purpose to acquire permanent residency, but all Qataris to leave the country violated of these treaties. For example, Qatar they were still unable to acquire Qatari its obligations under the Convention on rejected Article 3 of the ICCPR on “the

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 54 REVIEW OF 2018 Amnesty International equal right of men and women in the co-operation agreement under which the living in squalid conditions without enjoyment of all civil and political rights” Qatari government committed to revising money after the company failed to pay because it “contravenes” the provision its laws in line with international labour them. The workers, many of whom of the Constitution that states that standards and with the guidance of had accumulated large debts due to only male descendants of the Al Thani ILO experts. exploitation by recruitment agents, were dynasty may inherit rule over the state. still waiting for their unpaid wages at the Similarly, it rejected Article 3 of the On 28 October, Law No. 13 of 2018 end of the year. ICESCR on “the equal right of men and entered into force. It partially removed women in the enjoyment of all economic, the exit permit requirement, allowing social and cultural rights” and Article the vast majority of migrant workers FREEDOM OF EXPRESSION 23(4) of the ICCPR on “equality of covered by the Labour Law to leave the rights and responsibilities” in marriage. country without seeking their employers’ Freedom of expression remained Qatar also stated upon accession that permission. However, the law retained restricted in law. For example, Article it would interpret as it chose provisions some exceptions, including the ability 138 of the Penal Code still provided for concerning inhuman treatment, freedom of employers to request exit permits for the punishment with imprisonment of of conscience and the right of religious up to 5% of their workforce, depending anyone insulting the flag of Qatar or one minorities to practise their faith. Another on the nature of their work. Exit permits of its allies and Article 278bis of the reservation concerning migrant workers’ were still required for employees who law continued to authorize the closure right to unionize impinged on freedom fell outside the remit of the Labour of newspapers running fundraising of association. Law, including over 174,000 domestic advertisements by groups without a workers in Qatar and all those working in fundraising permit. Qatar passed a political asylum law in government entities. September, a positive move weakened In January, two members of the by problematic aspects such as the Domestic workers, mostly women, Federation of Nepali Journalists broad discretion granted to the Minister continued to be particularly at risk attending an event in Doha on freedom of of Interior over asylum applications, the of exploitation and abuse despite the the press were arrested and deported. risk of impunity associated with the law’s domestic workers law passed in 2017. exclusion provisions, and the power of the The law failed to protect domestic Najeeb al-Nuaimi, a lawyer who Minister of Interior to deport refugees if workers adequately, both in terms of represented the writer Mohammed they engage in “political activity” in Qatar. falling short of international standards al-Ajami while he was imprisoned for and poor enforcement. Some domestic a poem critical of the ruling family, workers were able to successfully claim remained banned from travelling. MIGRANTS’ RIGHTS their unpaid wages at the labour dispute resolution committees. The government introduced some positive WOMEN’S RIGHTS reforms in relation to migrant workers, Unlike Qatari nationals, migrant who made up more than 90% of Qatar’s workers were still unable to form or join Women continued to face discrimination workforce. However, they continued to be trade unions, and the government’s in law and practice. Family law at risk of exploitation and abuse. Despite reservations to the ICCPR and ICESCR discriminated against women, including new legislation relating to exit permits, suggested that this was unlikely to by making it much harder for women the sponsorship system continued to change in the near future. than men to seek a divorce, and tie migrant workers to their employers placing women at a severe economic by limiting their ability to change jobs On 30 October, the Emir established the disadvantage if they sought a divorce or without the employer’s permission during Workers’ Support and Insurance Fund their husband left them. the period of their contract, which could to provide, among other things, funds to be up to five years. pay workers who won their cases before In September, a new law was issued labour dispute resolution committees allowing the children of Qatari women On 18 March, labour dispute resolution but failed to recover the money from married to non-Qataris to acquire committees, a fast-track judge-led companies. The fund was not yet permanent residency. However, they were mechanism, became operational. While it operational by the end of the year. still unable to acquire Qatari nationality increased the speed with which workers’ because of discriminatory provisions in labour complaints were considered, cases Third-party auditors of projects for the nationality law. were not settled within the three-week football’s World Cup in 2022 in Qatar period specified in the law, with hundreds showed that abuses such as contract Women remained inadequately protected of cases taking over three months to be substitutions and excessive working against violence, including within the family. finalized. Workers whose companies were hours remained present in a significant facing financial trouble were still unable majority of contractors they investigated. to reclaim unpaid wages. At least 78 migrant workers from India, DEATH PENALTY Nepal and the Philippines employed by On 29 April, the International Labour MENA Mercury, an engineering company New death sentences were issued against Organization (ILO) opened an office in working on projects linked to the World foreign nationals convicted of murder. No Doha as part of a three-year technical Cup, were stranded for months in Qatar executions were reported.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 55 REVIEW OF 2018 Amnesty International Saudi Arabian human rights defenders and activists. Top row (left to right): Samar Badawi, Aziza al-Yousef, Loujain al-Hathloul. Bottom row (left to right): Iman al-Nafjan, Nassima al-Sada, Mohammad Salih al-Bajadi. © Private

Court (SCC). A Saudi Arabian journalist SAUDI ARABIA was extrajudicially executed in the Saudi Arabian consulate in Istanbul, BACKGROUND Kingdom of Saudi Arabia Turkey. The authorities used the death Head of government: Salman bin Abdulaziz Al Saud Crown Prince Mohammad bin Salman penalty extensively, carrying out scores embarked on a widely publicized tour of executions for a range of crimes, of the UK, USA, France and Spain early The authorities severely restricted including drug offences. Torture in the year. The UK and Saudi Arabia the rights to freedom of expression, and other ill-treatment of detainees announced a humanitarian partnership association and assembly. Many human remained common. Despite limited worth over US$100 million to create rights defenders and government critics, reforms, including allowing women vital infrastructure in drought and conflict-stricken countries. The USA including women’s rights activists, to drive, women faced systematic and Saudi Arabia sealed a multi-billion were arbitrarily detained. The public discrimination in law and practice and dollar weapons deal during Crown Prince prosecution called for the execution were inadequately protected against Mohammad bin Salman’s visit to the USA. of Shi’a activists and religious clerics sexual and other violence. Discrimination for expressing dissent. Many activists against the Shi’a minority remained The Saudi authorities faced little were sentenced to lengthy prison terms, entrenched. The authorities continued to international criticism for the continued including under counter-terrorism arrest, detain and deport foreign workers crackdown on human rights defenders legislation following grossly unfair to countries where they were at risk of and others, or the wave of arbitrary trials before the Specialized Criminal human rights violations. detentions of prominent women’s rights

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 56 REVIEW OF 2018 Amnesty International activists in May. The only country that Economics writer Essam al-Zamel was In May, the authorities launched a wave voiced some criticism was Canada; the brought before the SCC in October. He of arrests targeting many individuals, Saudi Arabian government responded was accused of, among other things, including prominent women’s human with punitive diplomatic and economic sowing discord through his writings on rights defenders. Among those arrested measures. However, the EU and several Twitter and meeting foreign diplomats were Loujain al-Hathloul, Iman al- European states condemned the and providing them with information and Nafjan and Aziza al-Yousef, who had extrajudicial execution of Saudi Arabian analysis about the kingdom’s policies campaigned against the ban on women journalist Jamal Khashoggi in Turkey in without informing the Saudi Arabian driving and the male guardianship October (see below). authorities. system. Ibrahim al-Modeimigh, a lawyer and human rights advocate, and youth The Saudi Arabia-led coalition committed The authorities did not permit political activist Mohammad al-Rabea were war crimes and other serious violations parties, trade unions or independent accused in state-aligned media of of international law during its continuing human rights groups, and continued to violating Royal Decree 44/A, a follow-up military campaign in neighbouring Yemen prosecute and imprison those who set decree to the 2014 counter-terrorism law, (see Yemen entry). up or participated in unlicensed human for their human rights work and women’s rights organizations. All gatherings, rights activism; they were smeared as There was no resolution to the regional including peaceful demonstrations, traitors and agents of foreign embassies. crisis in which Bahrain, Egypt, Saudi remained prohibited under an order They were detained incommunicado Arabia and the United Arab Emirates (UAE) issued by the Ministry of Interior in 2011. and in solitary confinement for the first severed relations with Qatar in 2017. three months of their detention. Ibrahim al-Modeimigh was released in December. HUMAN RIGHTS DEFENDERS The others remained detained without FREEDOMS OF EXPRESSION, charge or trial at the end of the year. The authorities continued to imprison ASSOCIATION AND ASSEMBLY human rights defenders, arresting and Mohammed al-Bajadi, founding member prosecuting them under counter-terrorism The authorities escalated their repression of the Saudi Civil and Political Rights and other laws. By the end of the year, of all forms of dissent, including peaceful Association (ACPRA), was rearrested in virtually all Saudi Arabian human rights expression in support of human rights, May. The authorities had forced ACPRA defenders were in detention or serving both online and offline. They harassed, to disband in 2013. arrested and prosecuted government prison terms, or had been forced to flee the country. critics, academics, clerics, members In August, two other prominent women of the Shi’a minority and human rights human rights activists, Samar Badawi defenders, including women’s rights In January, the SCC sentenced Mohammad al-Otaibi and Abdullah and Nassima al-Sada, were arbitrarily activists. Several human rights defenders detained. They remained held without were sentenced to prison terms for their al-Attawi to 14 and seven years in prison respectively, on charges based on charge or trial at the end of the year. activism. Other activists and government provisions of the counter-terrorism law critics detained in September 2017 and its follow-up decrees, as well as the Scores of other activists and human faced trial before the SCC. cyber-crime law. They were sentenced on rights defenders, including members of account of their peaceful activism and for ACPRA, continued to serve lengthy prison In June, in his report of a 2017 setting up a human rights organization. sentences on charges based on their visit to Saudi Arabia, the former UN In February, Issa al-Nukheifi and Essam peaceful human rights work. Special Rapporteur on the promotion Koshak were sentenced to six and four and protection of human rights while years in prison respectively, to be followed countering terrorism expressed concerns by travel bans of equal lengths, for their EXTRAJUDICIAL EXECUTIONS about Saudi Arabia’s use of its counter- Twitter posts criticizing the authorities terrorism law against individuals peacefully and calling for human rights reforms. In October, Saudi Arabian journalist exercising their rights to freedom of Jamal Khashoggi was extrajudicially expression, association and assembly. The current Special Rapporteur on the executed inside the Saudi Arabian The cyber-crime law continued to promotion and protection of human rights consulate in Istanbul. Almost three criminalize criticism of government policy while countering terrorism, together with weeks after his disappearance in the and practice as well as commentary on five other UN Special Procedure mandate consulate on 2 October, and following current affairs. Activists and human holders, deplored “Saudi Arabia’s conflicting reports about his fate, rights defenders were sentenced to continued use of counter-terrorism and including claims by the Saudi Arabian lengthy prison terms for the peaceful security-related laws against human authorities that he had left the consulate exercise of their rights to freedom of rights defenders” and urged it to “end the unharmed, the Saudi Arabian public expression, association and assembly repression and release all those detained prosecution announced that he had under this law. for peacefully exercising their rights”. died following a “fist fight” inside the

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 57 REVIEW OF 2018 Amnesty International consulate. In November, Turkey’s chief recurring calls for the execution of 2017, one had died in custody and at prosecutor said that Jamal Khashoggi several Shi’a activists and religious least 17 needed hospital treatment after was strangled as soon as he entered the clerics on charges related to the peaceful being subjected to physical abuse. consulate and then dismembered as part exercise of their rights to freedom of of a premeditated plan. The UN High expression, association and assembly. In November, several activists, including Commissioner for Human Rights pressed Prominent religious cleric Sheikh a number of women detained since May for an impartial investigation and urged Salman al-Awda, who was arbitrarily 2018 in Dhahban prison outside the the Saudi Arabian authorities to reveal detained in September 2017, was at city of Jeddah, were reportedly tortured, the whereabouts of Jamal Khashoggi’s risk of the death penalty after the public sexually harassed and otherwise ill- body. By year’s end, Saudi Arabia had prosecution called for his execution on treated during interrogation. One of the not set up an independent investigation charges related to, among other things, activists reportedly attempted to take her into the killing. his affiliation to the Muslim Brotherhood own life repeatedly inside the prison. and his calls for government reforms and regime change in the Arab region. DEATH PENALTY Five Shi’a activists, including Israa al- WOMEN’S RIGHTS Ghomgham, also faced the death penalty Courts continued to impose death for charges related to their participation On 24 June, the royal decree lifting the sentences for a wide range of crimes, in protests for greater rights and reforms driving ban on women in Saudi Arabia including drug offences and conduct in the Shi’a-majority Eastern Province. entered into force, allowing women to that is not recognized as crimes under drive in the country. A month earlier, international law and standards, such as In August, the king issued the Law on women’s rights activists and the leading “sorcery” and “adultery”. The authorities Juveniles. This stipulated a maximum campaigners for women’s right to drive generally failed to abide by international prison sentence of 10 years for juveniles were arbitrarily detained (see above). standards of fair trial and safeguards in cases where they might otherwise be for defendants in capital cases. Such sentenced to death, except for crimes In February, the Ministry of Commerce cases were often held in secret and their punishable by death under Shari’a and Investment announced that women proceedings were summary with no legal (Islamic law). By excluding these, it fell did not need the permission of a male assistance or representation, as well as no short of international human rights law, guardian to start their own business. This translation services for foreign nationals which strictly prohibits the use of the followed a royal decree issued in 2017 through the various stages of detention death penalty against people under the calling on government entities to refrain and trial. Death sentences were regularly age of 18 at the time of the crime. At from requesting the authorization of a based on “confessions” which defendants least four juvenile offenders remained at male guardian for any services unless said were extracted under torture. risk of imminent execution at the end of stipulated in existing regulations that the year. required it. However, these promised In November, the families of 12 Saudi reforms largely appeared not to be Arabian men sentenced to death after implemented in practice. The Committee a grossly unfair mass trial learnt that TORTURE AND OTHER ILL- on the Elimination of Discrimination the cases of their relatives had been against Women noted with concern transferred to the Presidency of State TREATMENT the lack of enforcement of a 2012 Security, a body reporting directly to the Torture and other ill-treatment of ministerial decree stipulating that women king. However, it was unclear whether detainees remained common and no longer needed a guardian’s permission their sentences had been ratified by the widespread, particularly to extract to work. As a result, women were still king before the end of the year. “confessions”. In his June report, the required to have permission from a male former UN Special Rapporteur on the guardian – their father, husband, brother The authorities routinely failed to inform promotion and protection of human or son – to enrol in higher education, families of their relatives’ imminent rights while countering terrorism noted seek employment, travel or marry. execution or failed to inform them that trial judges did not appear to take immediately after executions had been seriously allegations of torture or other Women and girls continued to face carried out. In October, the authorities ill-treatment, and expressed particular discrimination in law and practice more executed Tuti Tursilawati, an Indonesian concern that the SCC had refused to broadly. Saudi Arabian women married to domestic migrant worker, without launch investigations into allegations foreign nationals could not pass on their informing her family or the Indonesian of torture. nationality to their children, unlike men authorities prior to her execution. in a similar situation. The Committee on In March, reports emerged that, among the Elimination of Discrimination against The authorities continued to use the those detained in a wave of anti- Women commented with concern on the death penalty as a tool to crush dissent, corruption arrests of current and former low participation of women in the labour as manifested in the public prosecution’s officials and businessmen in November market in its concluding observations on

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 58 REVIEW OF 2018 Amnesty International Saudi Arabia’s third and fourth periodic beliefs and access justice, as well as the residential, border security and labour reports. It also noted with concern that right to work in a number of public sector regulations and laws. The authorities access to education for disadvantaged professions and access state services. deported thousands of Yemeni workers to groups of girls, especially migrant girls, Yemen, where they were at risk of human girls with disabilities and girls living in Shi’a activists accused of supporting or rights violations, in contravention of the rural and remote areas and in poverty taking part in demonstrations in Eastern principle of non-refoulement. remained limited. Province or expressing views critical of the state were put on trial and in some In June, the Committee on the Elimination The Shura Council debated a proposal cases faced the death penalty following of Racial Discrimination noted with to regulate and limit child marriages unfair trials. concern that domestic workers, two thirds by stipulating strict conditions to the of whom were migrant women, continued marriage of girls under the age of 18, to face abusive working practices such which specialized judges must ensure MIGRANTS’ RIGHTS as long working hours, non-payment are fulfilled. However, women and girls of wages, retention of passports and The authorities continued their remained inadequately protected from physical and sexual abuse. crackdown on irregular migrants, sexual and other forms of violence. arresting, detaining and deporting over 2 million foreign workers. In October, the Ministry of Interior announced that DISCRIMINATION – SHI’A MINORITY about 1.9 million people had been Shi’a Muslims continued to face arrested and 500,000 deported in a discrimination because of their faith, campaign that began in November 2017 limiting their right to express religious to arrest migrants accused of violating

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 59 REVIEW OF 2018 Amnesty International Men wait by the side of the road for casual labour in Raqqa, Syria, on 5 February 2018. Many labourers end up clearing partially destroyed or damaged buildings, a very risky endeavour; in many of them, the Islamic State armed group placed mines, which frequently kill and injured civilians. © Amnesty International

populated areas, restricting access The government violated the right to SYRIA to humanitarian and medical aid to housing. Armed opposition groups with thousands of civilians. Government the support of Turkey subjected civilians Syrian Arab Republic forces lifted the siege of Eastern in Afrin to a wide range of abuses, Head of state: Bashar al-Assad Head of government: Imad Khamis Ghouta in April; this was followed by including confiscation and looting restrictions that impeded some of the of property, and arbitrary detention, displaced civilians from returning to the torture and other ill-treatment. The Parties to the armed conflict continued to formerly besieged areas. Security forces US-led coalition failed to acknowledge commit with impunity serious violations arrested and continued to detain tens of or investigate the large scale of civilian of international humanitarian law, thousands of people, including peaceful deaths and destruction caused by their including war crimes, and gross human activists, humanitarian workers, lawyers 2017 bombing campaign on Raqqa rights abuses. Government and allied and journalists, subjecting many to against the armed group calling itself forces carried out indiscriminate attacks enforced disappearance and torture or Islamic State (IS). By the end of 2018, and direct attacks on civilians and other ill-treatment, and causing deaths in the conflict had caused the deaths civilian objects using aerial and artillery detention. Government forces disclosed of more than 400,000 people and bombing, including with internationally the fate of some of the disappeared displaced more than 11 million people banned weapons, killing and injuring but failed to provide the families with within and outside Syria. hundreds of people. Government forces remains or information around the maintained lengthy sieges on densely circumstances of the disappearances.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 60 REVIEW OF 2018 Amnesty International Turkey – aimed to address the issue facilities, including artillery shelling and air of detentions and abductions in Syria strikes, often using unguided weapons such BACKGROUND as well as the situation in Idlib. In as barrel bombs, incendiary weapons and The armed conflict in Syria entered its September, talks brokered by Russia and internationally banned cluster munitions. eighth year. Government forces and Turkey resulted in a 15km demilitarized For example, on 22 March, Russian their allies, including Russia and Iran, zone on the southern Idlib front line. forces carried out an air strike using captured areas previously held by armed As part of the deal, armed opposition an incendiary weapon on a residential opposition groups in Eastern Ghouta, fighters and government forces withdrew building, burning to death 37 civilians the northern part of Homs governorate from the zone, paving the way for – mainly women and children – in an air- and Daraa governorate. This led to the Russian and Turkish forces to monitor the raid shelter in Arbin, Eastern Ghouta. evacuation to Idlib of armed fighters deal’s implementation. and their families and some civilians, Between January and April, government especially humanitarian workers, doctors The Independent International forces attacked 22 hospitals in Eastern and rescue workers. Commission of Inquiry on the Syrian Arab Ghouta, according to local humanitarian Republic, established by the UN Human organizations, killing and injuring several The US-led coalition, with the support Rights Council in 2011, continued civilians, including medical workers and of the Syrian Democratic Forces (SDF), to monitor and report on violations of patients. In July, government forces, continued to attack IS positions in Deir international law committed by parties to with the support of Russia, attacked five el-Zour governorate in eastern Syria. the conflict, although it remained barred field hospitals in al-Harak, Busr al-Harir, Armed opposition groups supported by by the government from entering Syria. Mseifra, Seida and al-Jiza in Daraa Turkey captured Afrin, a predominantly governorate, damaging or destroying the Kurdish area, in northern Aleppo In June, a German court issued an field hospitals and preventing medical governorate. They attacked the SDF, international arrest warrant against Jamil workers from providing medical services. killing and injuring scores of civilians Hassan, head of the Syrian Air Force and displacing hundreds to neighbouring Intelligence, accused of overseeing the towns and villages. Clashes between torture and other ill-treatment, including SIEGES AND DENIAL OF armed opposition groups such as Hay’at rape, of detainees between 2011 and HUMANITARIAN ACCESS Tahrir al-Sham, the Ahrar al-Sham 2013. In November, French prosecutors Islamic Movement and the Nour el-Dine issued international arrest warrants Government forces continued to besiege Zinki Movement in Idlib governorate against three senior government and Eastern Ghouta, a predominantly civilian killed and injured several high-level intelligence officials, including Jamil area in Damascus Countryside governorate, commanders and civilians. Several Hassan; Ali Mamlouk, head of the until April, when armed opposition groups attacks by Israel targeted Iranian and National Security Bureau; and Abdel surrendered following relentless bombing Hizbullah forces in Syria. Salam Mahmoud, head of the Air Force of civilian areas and after reaching three Intelligence Investigative Branch at local agreements with armed groups, Russia continued to block efforts by the Mezzeh military airport. leading to the evacuation of fighters and UN Security Council to pursue justice displacement of some civilians. and accountability. On 10 April, Russia vetoed a resolution aimed at identifying ARMED CONFLICT – VIOLATIONS BY During the siege, government forces had deprived around 250,000 residents in the perpetrators of a chemical weapon THE GOVERNMENT AND ITS ALLIES attack in Douma in Damascus Countryside Eastern Ghouta of access to medical governorate three days earlier. On 14 Direct attacks on civilians and civilian care, other basic goods and services and April, the USA, UK and France accused objects and indiscriminate attacks humanitarian assistance. Doctors and the Syrian government of perpetrating medical workers were unable to provide the attack and launched several strikes Government and allied forces continued adequate medical care to those injured on government positions. On 27 June, to commit war crimes and other serious by air strikes, artillery shelling and other the Organisation for the Prohibition of violations of international humanitarian attacks, or to those who were ill owing Chemical Weapons passed a resolution law, including indiscriminate attacks and to a lack of surgical supplies, medical granting it a mandate to identify direct attacks on civilians and civilian equipment and medicine, particularly for perpetrators of chemical weapons attacks. objects. Government forces, with the the treatment of chronic diseases such as support of Russia, repeatedly attacked cancer, heart problems and diabetes. The UN efforts to broker peace and establish areas controlled by armed opposition lack of access to food, humanitarian aid a committee to draft a new Syrian groups, including Eastern Ghouta and and other life-saving necessities led to a constitution were unsuccessful. Talks Daraa and Idlib governorates, killing rise in acute malnutrition. Government by parties to the conflict and their allies and injuring civilians. They carried out forces continued to restrict access to continued in various capital cities. The indiscriminate attacks and direct attacks UN humanitarian agencies and their sponsors of the talks – Russia, Iran and on civilian homes, hospitals and medical implementing partners across Syria.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 61 REVIEW OF 2018 Amnesty International RESTRICTION OF CIVILIAN MOVEMENT Some of these groups, and Turkish armed predominantly Kurdish northern border forces, turned schools into military regions. It arbitrarily arrested and Despite the lifting of the siege of Eastern bases, preventing access to education for detained a number of Syrian Kurdish Ghouta in April, government forces thousands of children. opposition activists, including members continued to restrict the movement of of the Kurdish National Council in Syria. civilians in and out of Douma, a town in Many were held in prolonged pre-trial the area. Some civilians were allowed to detention in poor conditions. return to their homes following a security ARBITRARY DETENTION, TORTURE screening, but others were allowed to AND OTHER ILL-TREATMENT access the area for only 48 hours if they Armed groups supported by Turkey were REFUGEES AND INTERNALLY left their ID with security forces. People responsible for at least 86 incidents DISPLACED PEOPLE residing in Douma needed authorities’ of arbitrary detention of civilians for approval to leave the town. ransom, as punishment for residents By the end of the year, 6.6 million people who asked to reclaim their property had been displaced within Syria and Afrin residents fleeing a military offensive or because of baseless accusations more than 5 million people had sought by Turkey-supported armed groups of affiliation to the PYD or YPG. For refuge outside Syria since the start of the crisis in 2011. Lebanon, Jordan and sought refuge in the al-Shahba region. example, a man who returned to Afrin Turkey, the countries hosting most of the Government forces allowed some of the following the end of the offensive was refugees, continued to block the entry of injured and chronically ill to access taken away by a pro-Turkey armed group who refused to tell his relatives new refugees, exposing them to further Aleppo city, the nearest place where his whereabouts or fate. He had been attacks, abuses and deprivation in Syria. they could receive adequate medical the head of a civilian local committee The number of resettlement places and care. Many, however, failed to obtain perceived to support the PYD. other safe and legal routes for refugees such permission. Government forces also offered by Western and other states prevented civilian movement outside the The pro-Turkey armed group Sultan fell far below the needs identified by al-Shahba region, forcing many people to Mourad arbitrarily detained journalists, UNHCR, the UN refugee agency. pay large amounts of money to smugglers teachers, engineers and activists, as well to evade the restrictions in order to as former employees of the PYD and YPG In 2018, around 14,800 refugees search for adequate living conditions. fighters, and subjected some to torture from Lebanon and 750,000 internally and other ill-treatment. displaced people returned to their homes in Aleppo, Homs, Hama, Damascus and ARMED CONFLICT – ABUSES BY Damascus Countryside governorates, ARMED GROUPS AND ALLIES ARMED CONFLICT – AIR STRIKES according to UNHCR. The authorities BY US-LED COALITION in Lebanon and Turkey said that over Confiscation and looting of property 300,000 refugees returned to Syria. Despite mounting pressure, the The dire humanitarian conditions in In March, Turkey’s military and armed US-led coalition continued to deny neighbouring countries – exacerbated opposition groups receiving Turkish responsibility for causing hundreds of by the lack of humanitarian aid, the military support, including Ferqa 55, civilian deaths in Raqqa during the four- inability of refugees to find jobs, and Jabha al-Shamiye, Faylaq al-Sham, month bombing campaign to defeat IS administrative and financial obstacles Sultan Mourad and Ahrar al-Sharqiye, in 2017. By June 2018, the coalition to obtain or renew residency permits – gained control of Afrin, a predominantly had accepted responsibility for just 23 pushed refugees to return to a precarious Syrian Kurdish area in northern civilian deaths there. A month later, future in Syria. Aleppo governorate, after an offensive following an in-depth investigation by launched against the People’s Protection Amnesty International, it accepted In northern Syria, thousands of displaced Units (YPG), the military force of the responsibility for a further 77 civilian deaths. However, this admission did not people continued to live in makeshift Autonomous Administration governed lead to any measures to compensate camps that did not provide an adequate by the Syrian Kurdish Democratic victims, and the coalition continued standard of living, with limited access Union Party (PYD). These armed groups to block requests to disclose the to aid, basic services, food, health care, confiscated and looted civilian property, circumstances in which the fatal strikes education and livelihood opportunities. using homes as military headquarters. took place. Residents saw their homes and businesses used and run by displaced ENFORCED DISAPPEARANCES families from Eastern Ghouta and Homs. ABUSES BY THE PYD-LED For example, Ferqa 55 confiscated and Syrian security forces held thousands used the home of a resident in Afrin as a AUTONOMOUS ADMINISTRATION of detainees without trial, often in military base while another armed group The Autonomous Administration conditions that amounted to enforced took control of two of his shops. continued to control most of the disappearance. Tens of thousands of

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 62 REVIEW OF 2018 Amnesty International people remained disappeared, the RIGHT TO HOUSING of tenure and whose residence is unlikely majority since 2011. They included to be recorded in the land registry. It In 2012, the government adopted peaceful activists, humanitarian workers, was not clear what would happen to Legislative Decree 66, allowing lawyers, journalists, peaceful critics unclaimed properties. authorities to demolish informal and government opponents as well as settlement areas in Damascus and individuals detained in place of relatives Women whose husbands or fathers Damascus Countryside governorates to wanted by the authorities. convert them into urban development had been killed or gone missing during zones. In February 2018, the government the conflict faced serious obstacles in In May, the government disclosed passed Law 10, which gives land and claiming their property as the deeds were the death of some of the disappeared home owners or their relatives one year often in the name of their male relatives. by updating civil status records. For to assemble the necessary paperwork Such women lacked the required official example, the relatives of brothers and claim their property once a zone has documentation or proof of the whereabouts Yehya and Maen Sherbaj;i, who had been designated. According to research of their male relatives that would allow received no information about their by the Norwegian Refugee Council, barely them to act on behalf of the deed holders. whereabouts or fate since they were one in five Syrian refugees has title deeds forcibly disappeared in 2012, found in their possession. While the legislation out they were dead when the authorities provided some provisions that ensure DEATH PENALTY updated the civil status records. In such the right of home owners in designated cases, the authorities failed to provide zones to apply for alternative housing and The death penalty remained in force for the families with remains or information financial compensation, it fell short of many offences. The authorities disclosed about the circumstances of the enforced protecting the rights of people who lived little information about death sentences disappearance and death. in informal settlements, who lack security passed and no information on executions.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 63 REVIEW OF 2018 Amnesty International A woman attends the first session of a trial before the specialized criminal chamber in Gafsa, Tunisia, on 26 September 2018. The trial followed investigations carried out by the country’s Truth and Dignity Commission. © Amnesty International / Callum Francis Redfern

but complaints hardly ever reached protests, particularly in the hottest TUNISIA trial. The authorities arbitrarily arrested months of the year. Death sentences protesters and prosecuted people for were handed down, but there were no Republic of Tunisia the peaceful expression of their views. executions. Head of state: Béji Caïd Essebsi Head of government: Youssef Chahed Police and other security forces at times used excessive force during law enforcement operations. The Law on The Truth and Dignity Commission Eliminating Violence against Women BACKGROUND (IVD) finalized its work investigating came into effect. Proposed legal reforms The authorities renewed the nationwide past human rights violations despite an to establish equality between men and state of emergency five times; emergency attempt by the parliament to end its work women in matters of inheritance and to measures had been in place since late prematurely. Transitional justice trials decriminalize same-sex sexual relations 2015. Protests against unemployment, on grave past human rights violations were submitted to the parliament. poor living conditions and water began before specialized criminal Lesbian, gay, bisexual, transgender and shortages continued, particularly in chambers. The authorities repeatedly intersex (LGBTI) people continued to face marginalized and underdeveloped renewed the state of emergency and harassment, arrest and imprisonment. regions. On 24 December, protests took used it to justify arbitrary restrictions on Water shortages and inadequate water place in Kasserine following the death freedom of movement. Torture and other distribution resulted in repeated water of journalist Abderrazak Zorgui, who ill-treatment of detainees continued, cuts in several regions, prompting set himself on fire to protest against

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 64 REVIEW OF 2018 Amnesty International economic conditions. Protesters clashed FREEDOM OF MOVEMENT until the accused officers were released. with security forces for three consecutive The same day, armed security forces nights, during which police used tear gas The authorities continued to impose protested inside the court to put pressure to disperse protesters allegedly throwing emergency measures, often in an on the investigative judge to release their stones and burning tyres. arbitrary manner. The Ministry of the colleagues, which is what occurred later Interior used border control orders, that day. The parliament again failed to elect the known as S17 orders, to unlawfully first third of the members of the restrict the right to freedom of movement Constitutional Court, a step due since 2015. of thousands of individuals. In many FREEDOM OF EXPRESSION AND cases, the orders amounted to travel PEACEFUL ASSEMBLY An acute political crisis between the bans, restricting people to their two major political parties, al-Nahda governorate of residence. Such measures The authorities arbitrarily arrested and Nidaa Tounes, ended their coalition were often imposed in a discriminatory protesters and prosecuted people for the in September. manner based on appearance, religious peaceful expression of their views. practices or previous criminal convictions and without providing the reason or In January, police arrested Kais Bouazizi, TRANSITIONAL JUSTICE obtaining a court order. This often left a blogger, and charged him with those affected unable to challenge the “harming public order” after he shared In March, the parliament voted against restrictions in court or seek justice Facebook posts that urged people to a decision by the IVD to extend its for violations suffered. The measures take to the streets to protest against the mandate by seven months in order to negatively affected individuals’ government’s economic policies. Later complete its final report and referrals livelihoods and sometimes led to arbitrary that month, the interior minister said of cases of past human rights violations arrest and short-term detention. In the ministry would prosecute bloggers if to specialized criminal chambers. November, the spokesperson of the they misled protesters. The same month, However, the government announced administrative court in Tunis stated that police or National Guard officers detained in May that it would give the IVD the the Ministry of the Interior’s use of S17 and interrogated at least four journalists necessary time to finalize its work. In orders should be considered unlawful. in relation to their reporting of the December, the IVD presented its final In December, a ministry official told protests. The National Guard summoned report to the president and at the end Amnesty International that the interior freelance journalist Mathieu Galtier on of the year was waiting for a response to minister had set up a working group to 10 January and asked him to reveal his requests for meetings with the head of reform the S17 measure and end its sources, which he refused to do. government and the parliament to share arbitrary implementation and had issued the report with them before publication. an instruction not to tie the denial of Courts continued to use Penal Code The report included the IVD’s verified travel documents to S17 orders. provisions to imprison people for findings, the identification of individuals defamation and to prosecute others for responsible for human rights violations, conduct protected by the right to freedom the reasons underlying grave violations TORTURE AND OTHER ILL- of expression. In January, the court of and recommendations to ensure non- TREATMENT first instance in the city of Jendouba in recurrence of such violations. north-west Tunisia sentenced Abdelaziz Torture and other ill-treatment of Aljaridi and Abdelaziz Alkhazri to Between March and December, the detainees continued, mostly during arrest six months’ imprisonment each for IVD referred 72 cases to trial before and in pre-charge detention. The vast defaming the president by allegedly 13 specialized criminal chambers. majority of complaints filed by lawyers spreading rumours about his death. These included cases of enforced failed to reach trial. On 7 December, a military court of disappearance, death under torture, appeal increased the sentence against unnecessary or excessive use of force In February, four police officers allegedly parliamentarian and blogger Yassine against peaceful protesters, and killings beat up a man in a police station in Ben Ayari in his absence to two months’ of peaceful protesters. In May, the first Arous, a city just south of Tunis. They imprisonment for a Facebook post in trial opened in the court of first instance were also reported to have forced him which he mocked the appointment of a in Gabes in the south of the country; it to strip naked, sprayed him with tear senior military commander. The same concerned the enforced disappearance gas and made him stand naked in the court sentenced him in June to an of Kamal Matmati in 1991. Very few rain with a tyre around his waist. The additional three months’ imprisonment of the various hearings saw the alleged four officers were charged with torture. for “undermining the morale of the army” perpetrators appear in court. Victims’ In response, on 26 February a union and for causing “offence to the President lawyers urged judges to issue the of law enforcement officials called on of the Republic” for a Facebook post accused with travel bans and official officers not to perform their functions in which he criticized senior military summons. at the Ben Arous court of first instance commanders and the president.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 65 REVIEW OF 2018 Amnesty International EXCESSIVE USE OF FORCE protecting women and girls from gender- articles of the Penal Code, including based violence. Article 226bis. Police and other security forces at times used excessive force when policing protests Despite the repeal in September 2017 of Among the recommendations of the and sports events and conducting other the 1973 directive prohibiting marriage Individual Freedoms and Equality law enforcement operations. between “a Tunisian woman and a non- Committee in its June report was Muslim man”, in at least eight cases, one to decriminalize same-sex sexual In January, following widespread Tunisian women reported difficulties in relations. A draft law that included the protests against the new finance law, the finding a local notary who would agree decriminalization of such relations was authorities arbitrarily arrested hundreds to register such marriages. They said submitted by a group of members of of protesters. Police used unnecessary notaries claimed they had yet to receive or parliament in October; at the end of the or excessive force against protesters read the new regulations on such marriages. year it was awaiting consideration by and denied those arrested access to a the parliamentary committee on rights lawyer. One protester, Khomsi Yeferni, Women continued to be severely and liberties. died in Tebourba, a town 35km west of underrepresented in government, holding Tunis. Witnesses said that a police car only three of 28 ministerial posts. ran over him; the Ministry of the Interior RIGHT TO WATER stated that he had a chronic respiratory In June, the Individual Freedoms and condition and died as a result of tear gas Equality Committee, established by the Water shortages became more acute inhalation. president, released its report on issues after water supplies to the two main related to individual freedoms and gender dams fell substantially. In July, the In March, Omar Laabidi drowned after equality. Among its welcome – albeit Ministry of Agriculture, Water Resources a police officer pushed him into a river controversial – recommendations was one and Fisheries declared that Tunisia’s near Rades sports stadium in the capital, to reform the inheritance law to establish hydraulic situation was “critical”. Tunis, when he was trying to escape equality between men and women. The Water shortages and inadequate water police officers chasing fans after a match president submitted to parliament a bill distribution resulted in repeated water ended in clashes. Witnesses said he had to this effect. cuts in several regions, prompting shouted out that he could not swim. In protests, particularly in the hottest May, 17 police officers were charged with months of the year. These shortages had involuntary manslaughter and failure to RIGHTS OF LESBIAN, GAY, been impacting people’s ability to use provide assistance to a person in danger, BISEXUAL, TRANSGENDER AND water for personal and domestic use. the investigation was ongoing at the end INTERSEX (LGBTI) PEOPLE In July, protesters in Sfax, Kef, Gabes, of the year. Tabarka and Kelibia demanded solutions LGBTI people continued to face arrest to the water shortages in their towns. The In October, customs officers shot under Article 230 of the Penal Code, NGO Tunisian Water Observatory said dead Aymen Othmani while chasing which criminalizes consensual same- that it had registered 404 water cuts and him after a raid on a warehouse in sex sexual relations. According to 104 protests related to access to water the Sidi Hassine neighbourhood of Damj, a Tunisian LGBTI NGO, in 2018 between May and June. Tunis. The prosecution indicted four police arrested at least 115 individuals officers who were investigated before in relation to their perceived sexual In March the government announced a being released temporarily, triggering orientation or gender identity, 38 of number of projects in the framework of violent confrontations between police whom were later charged and convicted the Ministry of Agriculture’s strategy to and protesters. No progress in the under Article 230 of the Penal Code. secure drinking water resources, but was investigation was announced before the hampered by floods in September that end of the year. The police continued to subject men damaged water infrastructure. accused of same-sex sexual relations to forced anal examinations, in violation WOMEN’S RIGHTS of the prohibition of torture and DEATH PENALTY other ill-treatment. Transsexual and In February, the Law on Eliminating transgender people continue to face Courts continued to hand down death Violence against Women came into police harassment and live with the risk sentences; no executions had been effect. It included guarantees for of arrest under vague “public decency” carried out since 1991.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 66 REVIEW OF 2018 Amnesty International Filipino workers have their eyes scanned at a visa processing centre in Al Aweer, about 30km east of Dubai in the United Arab Emirates (UAE), on 1 August 2018. © Kamran Jebreili /AP / REX / Shutterstock

handed down death sentences; no ARBITRARY ARRESTS AND UNITED ARAB executions were reported. DETENTIONS EMIRATES On 4 March, UAE forces (acting with assistance from India) detained United Arab Emirates BACKGROUND Latifa bint Mohammed bin Rashed Al Head of state: Khalifa bin Zayed Al Nahyan Maktoum, a daughter of Dubai’s ruler, The UAE remained part of the Saudi Head of government: Mohammed bin Rashed Al Maktoum in international waters after she tried to Arabia-led military coalition that flee the UAE by yacht to seek asylum committed serious violations of abroad. She continued to be held Space for civil society remained nearly international law in the armed conflict incommunicado, effectively a victim non-existent in the United Arab Emirates in Yemen (see Yemen entry). UAE troops of enforced disappearance. Two of her (UAE), with the country’s most well- and UAE-backed militias operating in companions – Finnish national Tiina known human rights activist behind bars southern Yemen carried out enforced Jauhiainen and French-US national Hervé and high levels of fear dissuading victims disappearances and torture. of human rights violations and dissidents Jaubert – as well as three Filipino crew from speaking out. Arbitrary detention members were detained at the same time The UAE remained a member in the of foreign nationals was frequently and held for over two weeks. coalition of Gulf states imposing reported. Women continued to face economic and political sanctions on discrimination in law and in practice. Arbitrary detention of foreign nationals Qatar. In July, the International Court The authorities introduced several was frequently reported. labour reforms likely to be of benefit to of Justice issued provisional orders to migrant workers, but other policies left the UAE to uphold its obligations under UK national Matthew Hedges, a student them vulnerable to exploitation. The the Convention on the Elimination of carrying out academic research in the authorities continued to deny nationality All Forms of Racial Discrimination by UAE, was detained at Dubai International to thousands of individuals born within allowing Qatari residents who had been Airport in early May as he was about to the UAE’s borders, effectively rendering forced to leave the UAE as a result of leave the country. He was held, mainly them stateless. Some detainees were the regional crisis to reunite with family incommunicado and in degrading and held incommunicado and in undisclosed members, complete academic studies inhumane conditions, until October, locations for weeks or months. Courts and access courts in the UAE. when he faced an unfair trial on charges

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 67 REVIEW OF 2018 Amnesty International of spying for the UK government. On and other ailments. His health was in a company Mercury MENA, which operated 21 November he was convicted and critical state at the end of the year. in several Arab Gulf states and had left sentenced to 25 years’ imprisonment. Five many of its workers unpaid for over a days later he was pardoned and released. year. The UAE did not respond.

Several Lebanese nationals working WOMEN’S RIGHTS in the service sector were arbitrarily Women continued to face discrimination STATELESSNESS detained in early 2018 and held in law and in practice. Federal Law No. throughout the year without due process. 28 on Personal Status contains multiple The UAE continued to deny nationality They were denied access to legal provisions entrenching the lack of equal to at least 15,000 individuals who were representation and were not informed of status between men and women, stating born within its borders and had no other any charges against them. for example that “a husband’s rights over nationality, effectively rendering them his wife” include the wife’s “courteous stateless. This deprived them of a range In September, Abudujilili Supi, a obedience to him” and obligation “to of state services, such as free education Chinese national of Uighur ethnicity, was look after the house”, and placing provided for citizens, and made it detained without charge and held for a conditions on a married woman’s right difficult for them to find employment in month before being allowed to leave the to work or leave the house. Under Article state-supported industries that require UAE for Turkey. 53 of the Penal Code, “a husband’s security clearance. discipline of his wife” is “considered an exercise of rights,” language which can Most of the indigenous UAE residents FREEDOM OF EXPRESSION be read as an official sanction of spousal locked into statelessness were from the abuse. The government failed to protect northern emirates such as Ajman and Criticism of the government continued women adequately from sexual and Sharjah, which are considerably poorer to be stifled by the prosecution and domestic violence. than Abu Dhabi and Dubai. A money- imprisonment of peaceful dissenters. On for-passports deal with the Comoros that 29 May, Ahmed Mansoor, the last human was introduced in 2008 with the alleged rights defender in the UAE publicly MIGRANTS’ RIGHTS purpose of regularizing the status of the documenting and speaking out against stateless population failed to resolve The authorities introduced several human rights violations in the country, the problem. As in previous years, some labour reforms likely to be of particular was sentenced to 10 years in prison for of those who had obtained five-year benefit to migrant workers, including comments posted on his social media a decision to allow some workers to Comorian passports were left stateless accounts. This followed over a year in work for multiple employers, tighter again after their passports expired and detention during which he was mainly regulation of recruitment processes for they could no longer renew them, due to held incommunicado in an unknown domestic workers and a new low-cost the Comorian government having ended location. His trial was conducted in insurance policy that protected private the programme. virtual secrecy, with no information sector employees’ workplace benefits in published until after the verdict. the event of job loss, redundancy or an According to the UAE’s closely controlled employer’s bankruptcy. TORTURE AND OTHER ILL- press, Ahmed Mansoor was convicted of “publish[ing] false information, rumours TREATMENT However, the UAE maintained its and lies about the UAE”, confirming, as no-minimum wage policy. This had a The UAE failed to take steps to end had previous government statements, particularly negative impact on migrant torture and other ill-treatment in that the prosecution was based on workers, who comprised an estimated detention. Amnesty International the exercise of his right to freedom of 85% of the country’s workforce. Unlike documented eight cases in which expression. On 31 December the Federal UAE nationals, migrant workers did detainees were held incommunicado Supreme Court, sitting as the State not receive government allowances for and in undisclosed locations for weeks Security Court, upheld the conviction and housing, subsidized health care and other or months, greatly increasing the risk sentence, rendering them final. services and were therefore far more of human rights violations. In some dependent on wages for their livelihood. cases, detainees were held in degrading Academic and prisoner of conscience Migrants’ wages were typically low conditions, denied personal hygiene Nasser bin Ghaith remained incarcerated relative to nationals and to price levels items and the opportunity to bathe, or on speech-related charges, as did human in the country, undermining their right to threatened with extreme violence. rights lawyer and fellow prisoner of just and favourable conditions of work, conscience Mohammed al-Roken. Nasser and their right to an adequate standard bin Ghaith went on hunger strike (while of living. DEATH PENALTY still taking fluids) on 7 October, protesting against medical neglect and irregular In February Amnesty International Courts continued to issue new death family visits in al-Razeen prison. He had wrote to UAE authorities requesting sentences, primarily against foreign been deprived of the medications he took information and access to research the nationals for violent crimes. No new pre-imprisonment for high blood pressure situation of workers at the engineering executions were reported.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 68 REVIEW OF 2018 Amnesty International Children play outside a half-built structure in Gawa’la, a desert area on the outskirts of Aden, Yemen, in May 2018. Seven families, with more than 20 children, are squatting there, having been displaced from Yemen’s western Hodeidah governorate. The UN estimates that more than 100,000 people were displaced in a ground and air offensive between December 2017 and May 2018 in which Yemeni government forces (backed by the Saudi Arabia-led coalition) attempted to oust control of the strategic port city of Hodeidah from Huthi forces. © Amnesty International

civilians. All parties to the conflict engaged YEMEN in illegal practices, including arbitrary detention, enforced disappearance, and BACKGROUND Republic of Yemen torture and other ill-treatment. Those Head of state: Abd Rabbu Mansour Hadi The divided territorial control of Yemen Head of government: Maeen Abdulmalik Saeed (replaced targeted included journalists, human was entrenched as the conflict continued Ahmed Obeid bin Daghr in October) rights defenders and members of the between the internationally recognized Baha’i community. The Saudi Arabia-led government of President Abd Rabbu coalition continued to impose excessive Mansour Hadi, supported by the Saudi All parties to the continuing conflict in restrictions on the entry of essential Yemen committed war crimes and other Arabia-led coalition, and the Huthis goods and aid, while the Huthi authorities serious violations of international law. and their allied forces. Huthi forces obstructed aid movement within the Huthi forces, which controlled large parts consolidated their control over large parts country, deepening the humanitarian of the country, indiscriminately shelled of the country, including the capital, residential neighbourhoods and launched crisis. Women and girls continued to Sana’a. In April, Huthi leader Saleh al- missiles indiscriminately into Saudi Arabia. face entrenched discrimination and other Sammad was killed in a coalition attack; The Saudi Arabia-led coalition, which abuses; the conflict left them with less Mahdi al-Mashat replaced him. supported the internationally recognized protection from sexual and other violence, Yemeni government, continued to bomb including forced marriage. No information President Hadi’s government made civilian infrastructure and carry out was publicly available about executions, several attempts to reassert its authority indiscriminate attacks, killing and injuring but death sentences were reported. in the southern city of Aden. Clashes

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 69 REVIEW OF 2018 Amnesty International broke out between government forces Huthi forces further endangered In areas they controlled, Huthi forces and rival factions, such as the Southern civilians by basing troops and vehicles arbitrarily arrested and detained critics Transitional Council, which was backed in residential areas. In November, Huthi and opponents as well as journalists, by the United Arab Emirates (UAE), part and allied forces took up positions on human rights defenders and members of the Saudi Arabia-led coalition. The a hospital roof in Hodeidah. They also of the Baha’i community, subjecting UAE also supported and armed militias in planted internationally banned anti- scores to unfair trials, incommunicado detention and enforced disappearance. other areas of southern Yemen. personnel landmines that caused civilian In September, they detained human casualties, prevented civilians from The on-off battle for Hodeidah resulted rights defender Kamal al-Shawish leaving the city and forcibly displaced in hundreds of civilian casualties; the UN incommunicado for over a month in civilians from their homes in areas reported that nearly half a million people an unknown location in Hodeidah. Six captured from government forces. fled the governorate during the year. Baha’i men continued to be detained. There was continued fighting between Five of them faced charges that carried armed factions in the city of Ta’iz, too. the death penalty: one, who had VIOLATIONS BY THE SAUDI ARABIA- been held for nearly four years, was According to the Office of the UN High LED COALITION accused of apostasy; four were charged Commissioner for Human Rights, 6,872 in September with serious offences, Coalition forces continued to be the main civilians had been killed and more than including espionage for foreign states. cause of civilian casualties, according to 10,768 civilians wounded between 26 March 2015, when the Saudi Arabia-led the UN. They committed with impunity The internationally recognized Yemeni coalition became involved in the conflict, serious violations of international human government harassed, threatened and 8 November 2018. The UN Office rights law and humanitarian law. They and arbitrarily detained human rights for the Coordination of Humanitarian used imprecise munitions in some defenders and other activists. In June, security forces arrested Radhya Affairs reported in June that 22.2 million attacks, including large bombs with a Almutawakel and Abdulrasheed Alfaqih, people needed humanitarian assistance wide impact that caused deaths and respectively chairperson and executive and that around half the population, 14 destruction beyond their immediate director of Mwatana Organization for million people, were at imminent risk of strike location. Human Rights, in the southern city of famine. Cholera continued to affect the Mukalla while they were travelling to entire country. Coalition air strikes mainly targeted Sey’oun airport. Both were arbitrarily Huthi-controlled or contested areas, detained for a day before being released UN-backed talks in Sweden concluded in particular Sana’a, Ta’iz, Hajjah, without charge. In October, government on 13 December, resulting in agreements Hodeidah and Sa’da governorates, authorities and militias briefly detained on several confidence-building measures, during which hundreds of civilians were Akram al-Shawafi, a human rights including prisoner exchanges and a killed and injured. Many attacks were defender and founder of the Watch ceasefire in Hodeidah, which came into directed at military targets, but others Team, a non-governmental organization. effect on 18 December. The UN Security were indiscriminate, disproportionate He was forced to relocate five times Council then adopted Resolution 2451 or directed against civilians and civilian because of threats arising from his work on 21 December, insisting on full respect objects, including residential areas, on the treatment of civilians by the local for the ceasefire and authorizing the authorities in Ta’iz. deployment of a monitoring team to buses and gatherings such as weddings. In January, a coalition air strike destroyed Yemen to oversee the implementation of UAE-backed Yemeni forces in southern the Naji family home in al Rakab in the the agreements. Yemen conducted a campaign of southern governorate of Ta’iz. The mother arbitrary detentions and enforced and two sons, aged six and 10, were disappearances. In May, Amnesty VIOLATIONS BY HUTHI FORCES killed. The father, a son aged three and International investigated in Yemen a baby daughter were injured. In August, the cases of 51 men held in a network Huthi and allied forces continued a coalition aircraft attacked a bus in the of secret prisons by UAE and Yemeni to carry out indiscriminate attacks, town of Dhahyan in Sa’da governorate, forces operating outside the command shelling residential neighbourhoods and killing 29 children and injuring 30 others. of their own government, including launching missiles indiscriminately into individuals detained between March Saudi Arabia. 2016 and May 2018. The cases involved ARBITRARY ARRESTS AND egregious violations, including enforced Huthi fighters fired mortars repeatedly disappearances and torture and other into civilian areas of Hodeidah, according DETENTIONS ill-treatment amounting to war crimes. to people who had fled the city. A mortar Huthi forces, the Yemeni government, Some of the men were released between hit the courtyard of Hays Rural Hospital the Saudi Arabia-led coalition and June and August, but many remained on 25 March, killing a pharmacist and a UAE-backed Yemeni forces engaged in arbitrarily detained and over a dozen were nurse and injuring a 13-year-old boy. arbitrary detention practices. still missing.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 70 REVIEW OF 2018 Amnesty International RESTRICTIONS ON ESSENTIAL GOODS WOMEN’S RIGHTS The Saudi Arabia-led coalition continued The protracted conflict exacerbated to impose excessive restrictions on discrimination against women and girls, the entry of essential goods and aid, and left them with less protection from while the Huthi authorities obstructed sexual and other violence, including aid movement within the country, forced marriage. deepening the humanitarian crisis. Vessels travelling to Yemen’s Red Sea ports had to wait for coalition clearance; DEATH PENALTY the resulting delays exacerbated a fuel The death penalty remained in force shortage, reduced access to food, clean for many crimes. No information was water and sanitation, and contributed to publicly available about executions, but the spread of preventable diseases. Huthi death sentences were reported. On 2 forces imposed excessive and arbitrary January, the Specialized Criminal Court bureaucratic procedures that restricted in Huthi-controlled Sana’a sentenced the movement of humanitarian staff and Hamid Haydara to death after a grossly aid. They sometimes attempted to control unfair trial. He was tried on account of his beliefs and peaceful activities as a the delivery of aid and demanded bribes member of the Baha’i community. In to allow humanitarian projects to operate. February, one woman and two men were

forcibly disappeared, ill-treated and Under international humanitarian law, given a patently unfair trial before being all parties are obliged to allow and sentenced to death by a court in Sana’a facilitate rapid and unimpeded delivery for allegedly aiding an enemy country. of impartial humanitarian assistance for The trial was part of a wider pattern civilians in need, and ensure freedom of of the use of expedited mass trials by movement of authorized humanitarian Huthis to persecute political opponents, personnel. including journalists and academics.

HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA 71 REVIEW OF 2018 Amnesty International HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA REVIEW OF 2018

This report documents the state of human rights in the countries of the Middle East and North Africa during 2018. It is composed of a regional overview and 19 country entries, subdivided by key human rights themes.

The killing of Palestinian protesters by Israeli forces in Gaza and the murder of journalist Jamal Khashoggi in a Saudi Arabian consulate glaringly illustrated the unaccountability of Middle Eastern and North African states that resorted to lethal and other violence to repress dissent. The crackdown on civil society actors and political opponents increased significantly in Egypt, Iran and Saudi Arabia. Across the region, authorities used arbitrary detention, excessive force against protesters and administrative measures to restrict civil society.

Armed hostilities in both Iraq and Syria decreased. As a result, fewer civilians were killed, but many continued to suffer the impact of serious violations, including war crimes, committed by all parties to the conflicts in Libya, Syria and Yemen particularly, as well as the devastating humanitarian situations that arose from or were exacerbated by their actions.

Despite the repression, 2018, like 2017, saw limited positive developments at a legislative and institutional level with respect to women’s rights and violence against women. Significant developments aimed at addressing past violations occurred in Lebanon and Tunisia.

Index: MDE 01/9433/2019 Original language: English amnesty.org